8/13/2019 CWA - PAB

1/47

Presented by:

HAZEL JANE G. ARMODIAEnvironmental Management Specialist

ENVIRONMENTAL MANAGEMENT BUREAU -10

8/13/2019 CWA - PAB

2/47

Waterin its liquid form is the material that

makes life possible on earth. All organisms

are composed of cells that contain at least

60% water. Water covers 70 % of the

earth however only less than 3% is

freshwater that is essential in almost all

human endeavors.

8/13/2019 CWA - PAB

3/47

8/13/2019 CWA - PAB

4/47

8/13/2019 CWA - PAB

5/47

PRE-TEST

WHICH OF THE FOLLOWING IS NOT

WATER POLLUTION?

(A) BITS OF FRUIT PULP FLOATING IN

SEA WATER WHICH IS CONSUMED BY

FISH.

(B) HOT WATER DISCHARGED INTO

THE SEA

(C) DISCHARGE OF OIL OR GREASE

INTO CANALS

8/13/2019 CWA - PAB

6/47

POLLUTANT

SHALL REFER TO ANY SUBSTANCE, WHETHERSOLID, LIQUID, GASEOUS OR RADIOACTIVE,

WHICH DIRECTLY OR INDIRECTLY:

ALTERS THE QUALITY OF ANY SEGMENT OF THE RECEIVING

BODY SO AS TO AFFECT OR TEND TO AFFECT ANY BENEFICIAL

USE THEREOF;

IS HAZARDOUS OR POTENTIALLY HAZARDOUS TO HEALTH;

IMPARTS OBJECTIONABLE ODOR, TEMPERATURE CHANGE, OR

PHYSICAL, CHEMICAL OR BIOLOGICAL CHANGE TO ANY

SEGMENT OF THE WATER BODY;

IS IN EXCESS OF THE ALLOWABLE LIMITS OR

CONCENTRATIONS OR QUALITY STANDARDS SPECIFIED, OR IN

CONTRAVENTION OF THE CONDITION, LIMITATION OR

RESTRICTION PRESCRIBED IN THE ACT

8/13/2019 CWA - PAB

7/47

PRE-TEST

WHICH OF THE FOLLOWING SOURCE IS

THE BIGGEST CONTRIBUTOR OF

POLLUTION LOAD IN WATER?

(A) INDUSTRIAL

(B) DOMESTIC

(C) LIVESTOCK (D) NON-POINT SOURCE

8/13/2019 CWA - PAB

8/47

Water Pollution SourcesSource: National Water Quality Status Report 2001-2005

33% from domestic sources

29% from livestock

27% from industry

11% from non-point sources (74% from

agricultural runoff, 23% from forest runoff, 3% urban runoff)

BOD is used a measure of pollution load.

8/13/2019 CWA - PAB

9/47

Environment StatusSource: National Water Quality Status 2001-2005

Only 66.8% of population withadequate excreta disposal facility.

Only 7% of urban population isserved with sewerage system.

30% of solid waste uncollected inurban areas.

60% of solid waste uncollected inrural areas.

Out of 421

rivers, 50 werepolluted and 40were consideredbiologically dead.

8/13/2019 CWA - PAB

10/47

State Policy on Water QualityManagement Pursuant To the

Clean Water Act (RA 9275)

Economic growth in amanner consistent withthe protectionpreservation and revivalof the quality of ourfresh brackish andmarine waters

8/13/2019 CWA - PAB

11/47

COVERAGE OF THE ACT

Apply to water quality management inall water bodies: provided that it shallprimarily apply to the abatement andcontrol of pollution from land basedsources:provided, further, that thewater quality standards andregulations and the civil liability and

penal provisions under this act shallbe enforced irrespective of sources ofpollution.

8/13/2019 CWA - PAB

12/47

Streamlined processes and procedures inprevention and control of water pollution

Promote environment friendly technology andenergy efficient technology and products

Voluntary or Self-Regulation through theuse of incentives and market-basedinstruments

Active Public Participation in Water QualityManagement and Monitoring

Accountability of Project Proponents foradverse environmental impacts ofprojects, programs, or activities

Water Quality ManagementApproaches

8/13/2019 CWA - PAB

13/47

Holistic Water Quality Management Program

that recognizes water quality management

issues cannot be separated from concerns about

ecological protection, water supply, public

health, and quality of life

Proper delegation and effective coordination offunctions and activities

Focus on Pollution Prevention

Water Quality ManagementApproaches

8/13/2019 CWA - PAB

14/47

Managed by a Governing Boardcomposed of representatives of Mayor,Governor, NGAs, NGOs, Water UtilitySector, and Business Sector

Formulate strategies to coordinate

policies necessary for effectiveimplementation of the Act

Designation of Water Quality

Management Area

8/13/2019 CWA - PAB

15/47

The approval of Region Xsproposed Cagayan de Oro

River Basin and AdjacentRivers WQMA, the

regions 1stWQMA,

thruDAO 2013-18datedJune 17, 2013provides the

way in ensuring good water

quality in the Cagayan de

Oro River Basin and

Adjacent Rivers for present

and future generations.

8/13/2019 CWA - PAB

16/47

The Local Government Units which are part of

the CDORBAR WQMA includes the ff:

Municipality of Baungon, Bukidnon

Municipality of Libona, Bukidnon

Municipality of Manolo Fortich, Bukidnon

Municipality of Talakag, Bukidnon

Municipality of Opol, Misamis Oriental

Municipality of Tagoloan, Misamis Oriental;

the City of Cagayan de Oro

Province of Bukidnon

Province of Misamis Oriental

8/13/2019 CWA - PAB

17/47

Rivers within the CDORBAR WQMA:

Iponan River

Cagayan de Oro River with the tributary Bubunawan

River

Cugman River

Umalag River Bigaan River

Agusan River

Alae River Macajalar Bay

8/13/2019 CWA - PAB

18/47

Discharge Permit

Required for

dischargers of

regulated pollutantsspecifying the

quantity, qualityof

effluent, compliance

schedule and

monitoring

requirement.

http://en.wikipedia.org/wiki/Image:Water_pollution.jpg

8/13/2019 CWA - PAB

19/47

REQUIREMENTS FOR

WASTEWATER RECYCLED WITHZERO DISCHARGE

A DISCHARGE PERMIT SHALLBE SECURED!

8/13/2019 CWA - PAB

20/47

Wastewater Discharge Permit for

Effluents Discharge into WaterBodies

Compliance with Effluent Standards

(DAO 35, Series of 1990)

Wastewater Treatment Facility

8/13/2019 CWA - PAB

21/47

Wastewater Discharge Permit for

Effluents Used for Irrigation and

Aquaculture

Certification from the Department of Agriculture

8/13/2019 CWA - PAB

22/47

Wastewater Discharge Permit for

Effluents Used for Fertilization

Certification from the Department of Agriculture

8/13/2019 CWA - PAB

23/47

8/13/2019 CWA - PAB

24/47

Require program and project proponents toput up EGF as part of the EMP attached to

ECC Purpose:

1.To finance the maintenance of the

ecosystem affected by the development2. Emergency response

3. Clean-up and rehabilitation

Financial Liability forEnvironmental

Rehabilitation

8/13/2019 CWA - PAB

25/47

Clean Up Operations

Containment, removal, Clean-up ofany pollution incident at the expenseof the polluter.

Failure of the polluter to undertakethe same the DENR, in coordination

with other agencies shall conductcontainment, removal and clean-upoperations to be reimbursed by thepersons found causing pollution.

8/13/2019 CWA - PAB

26/47

Sharing of Responsibility in WaterQuality Management with LGUs

Powers and functions of the ENRO

Monitoring of water quality

Emergency response

Compliance with framework of Water QualityManagement Action Plan

Active participation in all efforts concerning water

quality protection and rehabilitation Coordination with other government agencies and civil

society and the concerned sectors in theimplementation of measures to prevent and control

water pollution

8/13/2019 CWA - PAB

27/47

Linkages with other

government agencies

PCG

DPWH DA

DOH

DOST

Dep Ed, CHED, DILG, PIA

8/13/2019 CWA - PAB

28/47

a. Discharging depositing or causing to bedeposited material of any kind directly orindirectly into the water bodies or along themargins of any surface water where thesame shall be liable to be washed into suchsurface water either by tide action or bystorm floods or otherwise which could causewater pollution or impede natural flow in

the water body;

PROHIBITED ACTS

Discharging or

depositing materialinto water bodies. . .

8/13/2019 CWA - PAB

29/47

b. Discharging, injecting or allowing to seep into the soil or sub-

soil any substance in any form that would pollutegroundwater. In the case of geothermal projects, and subjectto the approval of the Department, regulated discharge forshort-term activities (e.g. well testing, flushing,commissioning, venting) and deep re-injection of geothermalliquids may be allowed: Provided, that safety measures are

adopted to prevent the contamination of the groundwater;

PROHIBITED ACTS

GROUNDWATERPOLLUTION

8/13/2019 CWA - PAB

30/47

c. Operating facilitiesthat dischargeregulated waterpollutants without thevalid required permitsor after the permit wasrevoked for anyviolation of any

condition therein;

PROHIBITED ACTS

FACILITYWITHOUT PERMIT

8/13/2019 CWA - PAB

31/47

d. Disposal of potentially infectious medical waste into sea water by vessels unless thehealth or safety of individuals on board the vessel is threatened by a great andimminent peril;

e. Unauthorized transport or dumping into sea waters of sewage sludge or solid wasteas defined under Republic Act No. 9003;

f. Transport, dumping or discharge of prohibited chemicals, substances or pollutants

listed under Republic Act No. 6969;

PROHIBITED ACTS

DISPOSA L OF INFECTIOUS WASTE FROM VESSEL

UNAUTHORIZED TRANSPORT AND DUMPING

OF SEWAGE AND SOLID WASTE INTO SEA

CHEMICAL DUMPING

8/13/2019 CWA - PAB

32/47

g. Operate facilities that discharge or allow to seep, willfully or through gross negligence,

prohibited chemicals, substances or pollutants listed under R.A No. 6969, into waterbodies or wherein the same shall be liable to be washed into such surface, ground, coastal,and marine water;

h. Undertaking activities or development and expansion of projects, or operating wastewater /sewerage facilities in violation of P.D. No. 1586 and its Implementing Rules and

Regulations;

PROHIBITED ACTS

ILLEGAL FACILITY DEVELOPMENT ACTIVITIES IN

VIOLATION OF PD 1586

8/13/2019 CWA - PAB

33/47

i. Discharging regulated

water pollutants

without the validrequired discharge

permit pursuant to

this Act or after the

permit was revoked

for any violation of

any condition therein;

PROHIBITED ACTS

ILLEGAL

DISCHARGE

8/13/2019 CWA - PAB

34/47

j. Non compliance of the LGU with the Water

Quality Framework and Management AreaAction Plan. In such a case, sanctions shallbe imposed on the local government officialsconcerned;

k. Refusal to allow entry, inspection andmonitoring by the Department in accordance

with this Act;

l. Refusal to allow access by the Department torelevant reports and records in accordance

with this Act;

PROHIBITED ACTS

NON-COMPLIANCE TO WATERQUALITY FRAMEWORK ANDMANAGEMENT AREA ACTION PLAN

REFUSAL OF ENTRY

REFUSAL TO ALLOW ACCESS TORELEVANT REPORTS AND

RECORDS

8/13/2019 CWA - PAB

35/47

Refusal or failure to submit reports

whenever required by the Department inaccordance with this Act;

Refusal or failure to designate pollutioncontrol officers whenever required by theDepartment in accordance with this Acts;and

Directly using booster pumps in thedistribution system or tampering with the

water supply in such a way as to alter or

impair the water quality.

PROHIBITED ACTS

REFUSAL OR FAILURE TO SUBMITREPORTS

REFUSAL OR FAILURE TO DESIGNATEPOLLUTION CONTROL OFFICER

DIRECTLY USING BOOSTER PUMP ORTAMPERING WITH WATER SUPPLY

8/13/2019 CWA - PAB

36/47

Fines to be imposed by the Secretary, upon recommendation of the PAB in the amount ofnot less that P 10,000 not more than P 200,000 for everyday of violation.

The Secretary may, upon recommendation of the PAB may order the closure, suspensionof development or construction, or cessation of operations or, where appropriatediscussion of water supply, until such time that environmental safeguards are put inplace.

Without prejudice to the issuance of ex-parte order during the pendency of the case.

Fines and Penalties

PHP 10,000 to PHP 200,000 per day

Closure order Ex-parte Order

P i h t f F il t U d t k

8/13/2019 CWA - PAB

37/47

Punishment for Failure to UndertakeClean up Operations, Willfully, or

through Gross Negligence

Imprisonment of not less than two (2) years and notmore than four (4) years and fine not less than P50,000 and not more than P 1000,000 for each day ofviolation.

Such failure or refusal which results in serious injuryor loss of life and/or irreversible contamination ofsurface, ground, coastal and marine water shall bepunished which imprisonment of not less than six(6) years and one (1) day and not more than 12years, and a fine of P 500,000 per day for each dayduring which emission and/or contamination

continues.

2 YEARS4 YEARS IMPRISONMENT ANDFINE PHP 50,000PHP 100,000 PER DAY

8/13/2019 CWA - PAB

38/47

GROSS VIOLATIONS

A) Deliberate discharge of toxic pollutants identified

pursuant to RA 6969 in toxic amounts;

B) Five (5) or more violations within a period of two

(2) years; or C) Blatant disregard of the orders of the PAB, such as

non-payment of fines, breaking of seals or operating

despite the existence of an order for closure,

discontinuance or cessation of operation

8/13/2019 CWA - PAB

39/47

PENALTIES FOR GROSS

VIOLATIONS THE POLLUTION

ADJUDICATION BOARD

(PAB) SHALL ISSUE A

RESOLUTIONRECOMMENDING THAT

THE PROPER GOVERNMENT

AGENCIES FILE CRIMINAL

CHARGES AGAINSTVIOLATORS.

T

8/13/2019 CWA - PAB

40/47

PENALTIES FOR GROSS

VIOLATIONS

OFFENDERS SHALL BE

PUNISHED WITH A FINE OF

NOT LESS THAN FIVE

HUNDRED THOUSAND PESOS

(PhP500,000) BUT NOT MORETHAN THREE MILLION PESOS

(PhP3,000,000) PER DAY FOR

EACH VIOLATION OR

IMPRISONMENT OF NOT LESSTHAN SIX YEARS BUT NOT

MORE THAN TEN YEARS OR

BOTH.

A T S O G OSS

8/13/2019 CWA - PAB

41/47

PENALTIES FOR GROSS

VIOLATIONS

IF THE OFFENDER IS A

JURIDICAL PERSON,THE

PRESIDENT, MANAGER,

AND THE POLLUTIONCONTROL OFFICER OR

THE OFFICIAL IN

CHARGE OF THE

OPERATIONSHALLSUFFER THE PENALTY

HEREIN PROVIDED.

8/13/2019 CWA - PAB

42/47

Violations under Section 4 of PD 979 (Marine Pollution

Control Law) or any regulations prescribed in

pursuance thereof Fine of not less than P 50,000 not more

than P1,000,000 or imprisonment of

not less than one year not more than 6

years or both, for each offense, withoutprejudice to the civil liability of the

offender in accordance with existing

laws.

8/13/2019 CWA - PAB

43/47

8/13/2019 CWA - PAB

44/47

CLEAN WATER ACT PRIMARILY APPLIES TOWHICH SOURCE OF POLLUTION?

(A) LAND BASED SOURCES

(B) MARINE BASED SOURCES

8/13/2019 CWA - PAB

45/47

POST TEST

OPERATING WITHOUT A WASTEWATER

DISCHARGE PERMIT IS PUNISHABLE BY:

(A) PhP10,000 to PhP200,000 per day

(b) PhP10,000 to PhP200,000.

8/13/2019 CWA - PAB

46/47

ORDER TO CLOSE THE OPERATION

AND IMPOSITION OF PENALTY ISISSUED AGAINST THE COMPANY BY:

(A) THE POLLUTION ADJUDICATION

BOARD (B) THE SECRETARY OF THE DENR

UPON THE RECOMMENDATION OF

THE POLLUTION ADJUDICATION

BOARD.

(C ) EMB REGIONAL DIRECTOR

8/13/2019 CWA - PAB

47/47

WATER POLLUTION FROM SHIPS FALLS

UNDER THE JURISDICTION OF:

(A) EMB

(B) PCG