Republic of the Philippines

HOUSE OF THE REPRESENTATIVES

Quezon City

TWELFTH CONGRESS

First Regular Session

House Bill No. 215

INTRODUCED BY REPRESENTATIVE JUAN MIGUEL F. ZUBIRI

EXPLANATORY NOTE

The 1987 Constitution provides that “ the State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.”

The Philippines being an archipelago, the waters which surround it as well as its coastlines are considered the most vital of its resources. With families and organized government structures like municipalities located along these coastlines, it is therefore apparent that the marine environment is not only suitable for navigation and trading activities but also the major source of food and livelihood for many of our countrymen.

Though the importance and necessity of maintaining our water resources is recognized, the same is not being done. Water pollution still remains prevalent and is the continuing major cause of the degradation of our marine and freshwater resources. Lack of regulation and monitoring capabilities on the part of the government contribute to the problem of water pollution. In Metro Manila, tons of garbage and septic wastes are generated and flushed to the different water channels while chemical wastewater from big factories remain untreated. Water tables and aquifers are imperiled as water pollution worsens, coupled by water wastage.

When water is polluted, coral reefs and mangroves that serve as breeding grounds and nurseries for numerous aquatic organisms are destroyed. Amidst the alarming report of the UP Marine Science Institute that about 75% of coral reefs and 70% of mangroves have been destroyed due to water pollution, measures that will further protect our waters and marine environment remain poorly enforced.

In this bill, local government units will establish area-specific effluent limitations, subject to the national standards established by the Environmental Management Bureau (EMB), the latter being mandated to have jurisdiction over all aspects of water quality and water pollution.

Not only the public is tapped in the campaign to promote the drive to clean our waters but also the role of business and industry in environmental management is highlighted in this proposal. Both shall be utilized to heighten public awareness and consciousness of water pollution problems while encouraging the latter to adopt environment-friendly products and to introduce new and innovative processes that will minimize the use of raw materials and energy to reduce waste and prevent or minimize polluted by-products. Penalties, however, are also provided for any violations of the provisions of this Act.

Another important provision pertains to the establishment of a Water Quality Fund for purposes of guaranteeing immediate response to pollution-related clean-up operations, restoration of damaged ecosystems, compensation for aggrieved parties in case damages incurred affect lives and properties, supporting environmental research impact assessments, enforcement and monitoring. The fund may be sourced from donations and endowments, which will be exempted from income or gift and all other taxes.

The early approval of this measure will signal the country’s strong commitment to the pursuit of sustainable development and management of our marine and freshwater resources.

JUAN MIGUEL F. ZUBIRI

3^rd District, Bukidnon

Republic of the Philippines

HOUSE OF THE REPRESENTATIVES

Quezon City

TWELFTH CONGRESS

First Regular Session

House Bill No. 215

INTRODUCED BY REPRESENTATIVE JUAN MIGUEL F. ZUBIRI

AN ACT PROVIDING FOR A COMPREHENSIVE WATER POLLUTION CONTROL POLICY, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. – This act shall be known and referred to as the “Clean Water Act of 2001.”

SEC. 2. Declaration of Policy. – It is hereby declared the policy of the State to protect its water resources with the framework of sustainable development towards the promotion of economic growth while conserving and preserving a balanced and healthful ecology.

SEC. 3. Lead Agency. – The Environmental Management Bureau (EMB) of the Department of Environment and Natural Resources (DENR) shall be the lead agency responsible for the implementation and enforcement of the provision of this Act. In this regard, it shall have jurisdiction over all aspects of water quality and water pollution.

SEC. 4. Role of Local Government Unit. – All local government units shall, pursuant to the pertinent provisions of the Local Government Code and subject to the general supervision of the EMB, enforce this Act.

They shall design their own implementation plans that prescribe the criteria and impose limitations on existing or potential polluters within their jurisdiction to guarantee achievement of the water quality envisioned in this Act.

Each local government unit may develop and submit to the EMB a procedure for carrying out the provisions of this Act in their respective localities.

SEC. 5. Environmental Impact Statement. – All government agencies, as well as private corporations, firms and entities, who intend to undertake activities or projects which will affect water quality shall be required to prepare a detailed Environment Impact Statement (EIS), to be submitted to the EMB for review and evaluation, prior to undertaking such development activity. The preparation of the EIS should form an integral part of the entire planning process consistent with P.D. 1586 as well as their implementing rules and regulations.

SEC. 6. Authority to Classify Waters. – Within sixty (60) days from the effectivity of this Act, the EMB, in coordination with the appropriate government agencies, shall classify and reclassify Philippine waters.

SEC. 7. Prohibition to Pollute Water. – The following acts are hereby prohibited:

(a) placement of any solid, liquid or gaseous matter in a position where it is or it is likely to fall, descend, washed, blown or percolated into any waters, on the dry bed of any water, or into any drain, channel or gutter sued or designated to receive or pass rainwater, flood water or any water that is not polluted, or causes or permits any such matter to be placed in such a position;

(b) placement of any such matter on the dry bed of any water, or into any drain, channel, or gutter used or designated to receive or pass rainwater, flood water or any water that is not polluted, or causes or permits any such matter to be placed on such dry bed or in such a drain, channel or gutter and the matter would, had it been placed in any water, have polluted or have been likely to pollute those waters;

(c) installation, construction or modification of any apparatus, equipment or works for the discharge of pollutants into any water, the treatment of pollutants prior to and for the purpose of their discharge into any water, or the storage, treatment or disposal, in a prescribed manner or in prescribed circumstances, of matter of a prescribed class or description;

(d) carrying out any work that constitutes the beginning of, or any subsequent step in, the installation, construction or modification of any apparatus, equipment or works of the nature referred to in the immediate preceding paragraph.

SEC. 8. Effluent Limitations. – Within three (3) months from the effectivity of this Act, the EMB shall establish and publish effluent limitations for categories and classes of point sources other than publicly owned treatment works which will result in reasonable progress toward the national goal of eliminating the discharge of all pollutants into our water resources.

SEC. 9. Effluent Limitations Established by Local Government. – Each local government unit shall identify those waters within its jurisdiction for which effluent limitations required by this Act were established by the EMB.

The local government unit may establish a priority ranking pollution and the uses to be made of such waters.

SEC. 10. Water Quality Criteria. – Within sixty (60) days from the effectivity of this Act, the EMB shall establish a criteria for water quality accurately reflecting the latest scientific knowledge:

(a) On the kind and extent of all identifiable effects on health and welfare, including, but not limited to, plankton, fish, shellfish, wildlife, plant life, shorelines, beaches, aesthetic, and recreation which may be expected from the presence of pollutants in any body of water, including ground water.

(b) On the concentration and dispersal of pollutants, or their by-products, through biological, physical, and chemical processes; and

(c) On the effects of pollutants on biological diversity, productivity, and stability, including information on the factors affecting rates of eutrophication and rates of organic and inorganic sedimentation for varying types of receiving waters.

SEC. 11. Water Quality Control Techniques. – Within six (6) months from the effectivity of this Act, the EMB shall promulgate regulations providing for control techniques for point sources to achieve water quality in accordance with allowable standards.

The EMB shall likewise issue information on the processes, procedures or operating methods which will result in the elimination or reduction of the discharge of pollutants to implement standards of performance under this Act.

SEC. 12. National Water Quality Action Plan. – Within one (1) year from the approval of this Act, the EMB shall develop comprehensive programs for the prevention, reduction or elimination or pollution of navigable and ground waters and the improvement of the sanitary condition of surface and underground waters.

In the development of such programs, due regard shall be given to the improvements which are necessary to conserve water for the protection and propagation of fish and aquatic life and wildlife, and recreational purposes.

SEC. 13. Local Government Unit Water Quality Action Plan. – Each local government unit shall prepare and submit to the EMB a water quality action plan which shall include:

(a) a description of the water quality of all navigable waters within the jurisdiction of the local government unit during the preceding year, with appropriate supplement descriptions as shall be required to take into account seasonal, tidal and other variations, coerrelated with the quality of water required by the objectives of this Act;

(b) an analysis of the extent to which all navigable waters of such local government unit provide for the protection and propagation of a balanced population of shellfish, fish, and wildlife, and allow recreational activities on the water;

(d) an analysis of the extent to which the elimination of the discharge of pollutants and a level of water quality which provides for the protection and propagation of a balanced population of shellfish, fish and wildlife and allows recreational activities on the water; and

(e) recommendations as to additional action necessary to achieve the objectives of this Act.

SEC. 14. Water Quality Monitoring and Surveillance. – The EMB, in coordination with other government agencies concerned with water pollution, shall establish a water quality network with sufficient stations and sampling schedules to ensure compliance with the provision of this Act.

SEC. 15. Penalties. – Any person who violated any of the provisions of this Act shall be punished with a fine of not less than fifty thousand pesos (P50,000.00) but not more than one hundred thousand pesos (P100,000.00) or imprisonment of not less than two (2) years but not more than six (6) years, or both, in the discretion of the Court.

If the offense is committed by a corporation, partnership, or other juridical entity duly organized in accordance with law, the chief executive officer, president, general manager, managing partner or such other officer-in-charge of the business operations shall be liable for the commission of the offense penalized under this Act.

If the offender is an alien, he shall, after service of the sentence prescribed above, be deported without further administrative proceedings.

SEC. 16. Public Education and Information. The DENR shall, in coordination with the Department of Education, Culture and Sports (DECS), the Department of Interior and Local Government (DILG), and the Philippine Information Agency (PIA), conduct a continuing education campaign against water pollution.

The education and information program shall;

(a) aim at developing public awareness of the ill-effects of water pollution and demonstrating what the public can do to minimize the problem;

(b) concentrate on activities which are feasible and which will have the greatest impact on the problem of water pollution; and

SEC. 17. Business and Industry Role in Environmental Management. – The EMB, in coordination with the appropriate government, national and local, agencies, shall encourage the business and industrial sectors, through the formulation of appropriate incentives, to adopt processes and procedures that protect the environment, to manufacture environment-friendly products and to introduce innovative processes that minimize the use of raw materials and energy, reduce waste and prevent pollution.

SEC. 18. Financial Assistance and Grants. – Financial assistance and grants for the study, design and construction of environmental protection facilities, especially for waste disposal in favor of cities and municipalities, may be granted on a case-by-case basis, subject to such conditions as may be imposed by the EMB.

SEC. 19. Water Quality Fund. – There is hereby established a funding mechanism to be known as the Water Quality Fund for purposes of guaranteeing immediate response to pollution-related clean-up operations, restoration of damaged ecosystems, compensation for aggrieved parties in case damages incurred affect lives and properties, supporting environmental research, impact assessments, enforcement and monitoring.

The fund may be sourced from donations, endowments and grants in the form of contributions. Such endowments shall be exempted from income or gift and all other taxes, charges or fees imposed by the government or any political subdivision, instrumentality or agency. All income generated from fees, fines and penalties related to water pollution shall accrue to the fund and may be utilized directly by the EMB for the above purpose.

SEC. 20. Implementing Rules and Regulations. – Within sixty (60) days from the effectivity of this Act, the EMB, in coordination with appropriate national and local agencies and people’s organizations, formulate the rules and regulations necessary for the effective implementation of the provision of this Act.

SEC. 21. Separability Clause. – If, for any reason, any section or provision of this Act is declared unconstitutional or invalid, such other parts not affected thereby shall remain in full force and effect.

SEC. 22. Repealing Clause. – All laws, decrees, orders presidential issuances, rules and regulations, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 23. Effectivity. – This Act shall take effect fifteen (15) days after its complete publication in at least two (2) newspapers of general circulation.

Approved,

NOTE: CONSOLIDATED INTO HB#5398