Presented by:

HAZEL JANE G. ARMODIA

Environmental Management Specialist ENVIRONMENTAL MANAGEMENT BUREAU -10

Water in 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.

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

POLLUTANT

SHALL REFER TO ANY SUBSTANCE, WHETHER SOLID, 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

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

Water Pollution Sources

Source: 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.

Environment Status
Source: National Water Quality Status 2001-2005

Only 66.8% of population with adequate excreta disposal facility. Only 7% of urban population is served with sewerage system. 30% of solid waste uncollected in urban areas. 60% of solid waste uncollected in rural areas.

Out of 421 rivers, 50 were polluted and 40 were considered biologically dead.

State Policy on Water Quality Management Pursuant To the Clean Water Act (RA 9275)

Economic growth in a manner consistent with the protection, preservation, and revival of the quality of our fresh, brackish, and marine waters

COVERAGE OF THE ACT

Apply to water quality management in all water bodies: provided that it shall primarily apply to the abatement and control of pollution from land based sources: provided, further, that the water quality standards and regulations and the civil liability and penal provisions under this act shall be enforced irrespective of sources of pollution.

Water Quality Management Approaches

Streamlined processes and procedures in prevention and control of water pollution Promote environment friendly technology and energy efficient technology and products

Voluntary or Self-Regulation through the use of incentives and market-based instruments

Active Public Participation in Water Quality Management and Monitoring

Accountability of Project Proponents for adverse environmental impacts of projects, programs, or activities

Water Quality Management Approaches

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 of functions and activities

Focus on Pollution Prevention

Designation of Water Quality Management Area

Managed by a Governing Board composed of representatives of Mayor, Governor, NGAs, NGOs, Water Utility Sector, and Business Sector Formulate strategies to coordinate policies necessary for effective implementation of the Act

The approval of Region Xs proposed Cagayan de Oro River Basin and Adjacent Rivers WQMA, the regions 1st WQMA, thru DAO 2013-18 dated June 17, 2013 provides the way in ensuring good water quality in the Cagayan de Oro River Basin and Adjacent Rivers for present and future generations.

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

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

Discharge Permit

Required for dischargers of regulated pollutants specifying the quantity, quality of effluent, compliance schedule and monitoring requirement.

REQUIREMENTS FOR WASTEWATER RECYCLED WITH ZERO DISCHARGE

DISCHARGE PERMIT SHALL BE SECURED!

Wastewater Discharge Permit for Effluents Discharge into Water Bodies

Wastewater Treatment Facility

Compliance with Effluent Standards

(DAO 35, Series of 1990)

Wastewater Discharge Permit for Effluents Used for Irrigation and Aquaculture

Certification from the Department of Agriculture

Wastewater Discharge Permit for Effluents Used for Fertilization

Certification from the Department of Agriculture

Financial Liability for Environmental Rehabilitation

Require program and project proponents to put up EGF as part of the EMP attached to ECC Purpose: 1.To finance the maintenance of the
ecosystem affected by the development 2. Emergency response 3. Clean-up and rehabilitation

Clean Up Operations

Containment, removal, Clean-up of any pollution incident at the expense of the polluter. Failure of the polluter to undertake the same the DENR, in coordination with other agencies shall conduct containment, removal and clean-up operations to be reimbursed by the persons found causing pollution.

Sharing of Responsibility in Water Quality Management with LGUs Powers and functions of the ENRO

Monitoring of water quality Emergency response Compliance with framework of Water Quality Management 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 the implementation of measures to prevent and control water pollution

Linkages with other government agencies

PCG DPWH DA DOH DOST Dep Ed, CHED, DILG, PIA

PROHIBITED ACTS

Discharging or depositing material into water bodies. . .

a.

Discharging , depositing or causing to be deposited material of any kind directly or indirectly into the water bodies or along the margins of any surface water, where, the same shall be liable to be washed into such surface water, either by tide action or by storm, floods or otherwise, which could cause water pollution or impede natural flow in the water body;

PROHIBITED ACTS

GROUNDWATER POLLUTION

b. Discharging, injecting or allowing to seep into the soil or subsoil any substance in any form that would pollute groundwater. In the case of geothermal projects, and subject to the approval of the Department, regulated discharge for short-term activities (e.g. well testing, flushing, commissioning, venting) and deep re-injection of geothermal liquids may be allowed: Provided, that safety measures are adopted to prevent the contamination of the groundwater;

PROHIBITED ACTS

FACILITY WITHOUT PERMIT

c. Operating facilities that discharge regulated water pollutants without the valid required permits or after the permit was revoked for any violation of any condition therein;

PROHIBITED ACTS
DISPOSA L OF INFECTIOUS WASTE FROM VESSEL
UNAUTHORIZED TRANSPORT AND DUMPING OF SEWAGE AND SOLID WASTE INTO SEA CHEMICAL DUMPING
d.

Disposal of potentially infectious medical waste into sea water by vessels unless the health or safety of individuals on board the vessel is threatened by a great and imminent peril; Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as defined under Republic Act No. 9003; Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Republic Act No. 6969;

e.

f.

PROHIBITED ACTS
ILLEGAL FACILITY DEVELOPMENT ACTIVITIES IN VIOLATION OF PD 1586

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 water bodies 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 DISCHARGE

i.

Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act or after the permit was revoked for any violation of any condition therein;

PROHIBITED ACTS
NON-COMPLIANCE TO WATER QUALITY FRAMEWORK AND MANAGEMENT AREA ACTION PLAN REFUSAL OF ENTRY REFUSAL TO ALLOW ACCESS TO RELEVANT REPORTS AND RECORDS

j.

Non compliance of the LGU with the Water Quality Framework and Management Area Action Plan. In such a case, sanctions shall be imposed on the local government officials concerned;

k.

Refusal to allow entry, inspection and monitoring by the Department in accordance with this Act; Refusal to allow access by the Department to relevant reports and records in accordance with this Act;

l.

PROHIBITED ACTS
REFUSAL OR FAILURE TO SUBMIT REPORTS REFUSAL OR FAILURE TO DESIGNATE POLLUTION CONTROL OFFICER DIRECTLY USING BOOSTER PUMP OR TAMPERING WITH WATER SUPPLY

Refusal or failure to submit reports whenever required by the Department in accordance with this Act; Refusal or failure to designate pollution control officers whenever required by the Department in accordance with this Acts; and Directly using booster pumps in the distribution system or tampering with the water supply in such a way as to alter or impair the water quality.

Fines and Penalties

PHP 10,000 to PHP 200,000 per day Closure order Ex-parte Order

Fines to be imposed by the Secretary, upon recommendation of the PAB in the amount of not 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, suspension of development or construction, or cessation of operations or, where appropriate discussion of water supply, until such time that environmental safeguards are put in place. Without prejudice to the issuance of ex-parte order during the pendency of the case.

Punishment for Failure to Undertake Clean up Operations, Willfully, or through Gross Negligence

2 YEARS 4 YEARS IMPRISONMENT AND FINE PHP 50,000 PHP 100,000 PER DAY

Imprisonment of not less than two (2) years and not more than four (4) years and fine not less than P 50,000 and not more than P 1000,000 for each day of violation.

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

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

PENALTIES FOR GROSS VIOLATIONS

THE POLLUTION ADJUDICATION BOARD (PAB) SHALL ISSUE A RESOLUTION RECOMMENDING THAT THE PROPER GOVERNMENT AGENCIES FILE CRIMINAL CHARGES AGAINST VIOLATORS.

PENALTIES FOR GROSS VIOLATIONS

OFFENDERS SHALL BE PUNISHED WITH A FINE OF NOT LESS THAN FIVE HUNDRED THOUSAND PESOS (PhP500,000) BUT NOT MORE THAN THREE MILLION PESOS (PhP3,000,000) PER DAY FOR EACH VIOLATION OR IMPRISONMENT OF NOT LESS THAN SIX YEARS BUT NOT MORE THAN TEN YEARS OR BOTH.

PENALTIES FOR GROSS VIOLATIONS

IF THE OFFENDER IS A JURIDICAL PERSON, THE PRESIDENT, MANAGER, AND THE POLLUTION CONTROL OFFICER OR THE OFFICIAL IN CHARGE OF THE OPERATION SHALL SUFFER THE PENALTY HEREIN PROVIDED.

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, without prejudice to the civil liability of the offender in accordance with existing laws.

CLEAN WATER ACT PRIMARILY APPLIES TO WHICH SOURCE OF POLLUTION?

(A) LAND BASED SOURCES (B) MARINE BASED SOURCES

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.

ORDER TO CLOSE THE OPERATION AND IMPOSITION OF PENALTY IS ISSUED 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

WATER POLLUTION FROM SHIPS FALLS UNDER THE JURISDICTION OF: (A) EMB (B) PCG