PD 1067 – THE WATER CODE OF
THE PHILIPPINES
The Philippine Clean Water
Act of 2004 - (RA 9275)
water quality standards;
anti degradation policy;
water body monitoring and assessment;
reports on condition of the nation’s waters;
total maximum daily loads (TMDLs);
NPDES (National Polluant Discharge Elimination System) permit program for discharges from point sources;
section 319 program for nonpoint sources;
section 404 program regulating discharge of dredged or fill materials to wetlands and other waters; and
section 401 state water quality certification; state revolving loan fund (SRF)
allocate acceptable loads among sources of the relevant pollutants ensure that high quality is not unnecessarily degraded
and that all waters meet their minimum water quality criteria
expressed in terms that allow
quantifiable measurement
Three
Major Components
Designated uses
water quality criteria
P.D. 1067 – THE WATER CODE
OF THE PHILIPPINES
OUTLINE OF TOPIC:
OBJECTIVE
PRINCIPLES
DEFINITION
OWNERSHIP OF WATERS
APPROPIATIO OF WATERS
UTILIZATION OF WATERS
CONTROL OF WATERS
CONSERVATION AND PROTECTION OF
WATERS AND WATERSHEDS AND RELATED
LAND RESOURCES
ADMINISTRATION OF WATERS AND
The objectives of this Code are:
a. To establish the basic principles and framework relating
to the appropriation, control and conservation of water resources and to achieve the optimum development and rational utilization of these resources;
b. To define the extent of the rights and obligation of water
users and owners including the protection and regulation of such rights;
c. To adopt a basic law governing the ownership,
appropriation, utilization, exploitation, development,
conservation and protection of water resources and rights to land related thereto; and
d. To identify the administrative agencies which will enforce
The underlying principles of this code
a. All waters belong to the PHILIPPINES.
b. All waters that belong to the state can not be the subject
to acquisitive prescription
c. The state may allow the use or development of waters by
administration concession.
d. The utilization, exploitation, development, conservation
and protection of water resources shall be subject to the control and regulation of the government through the National Water Resources Council.
Preference in the use and development of waters shall
consider current usages and be responsive to the changing needs of the country.
WATERS
As used in the Water Code,
refers to water under the
ground, water above the ground,
water in the atmosphere and the
waters of the sea within the
territorial jurisdiction of the
Philippines.
OWNERSHIP OF WATERS
a. Rivers and their natural beds;
b. Continuous or intermittent waters of springs
and brooks running in their natural beds and the beds themselves
c. Natural lakes and lagoons;
d. All other categories of surface waters such
as water flowing over lands, water form rainfall whether natural or artificial, and water from
agriculture runoff, seepage and drainage;
e. Atmospheric water;
f. Subterranean or ground water; and g. Seawater
OWNERSHIP OF WATERS
The following waters found on private lands:
a. Continuous or intermittent waters rising on
such lands;
b. Lakes and lagoons naturally waters rising
on such lands;
c. Rain water and falling on
such lands;
d. Subterranean or ground
waters; and,
e. Waters in swamps and
marshes.
ARTICLE 6
The owner of the land where the water is found may use
the same for domestic purposes without securing a permit,
provided that such use shall be registered, when required by the National Water Resources Council.
The Council, however, may regulate such use when there is (1) wastage, or (2) in times of emergency.
ARTICLE 7
Subject to the provisions of
the Water Code, any
person who captures or
collects water by means of
cisterns, tanks or pools
shall have exclusive control
over such water and the
right to dispose of the
same.
APPROPRIATION OF WATERS
As used in the Water Code, is the acquisition of rights
over the use of waters or the taking or diverting of
waters from a natural source in the manner and for any
purpose allowed by law.
APPROPRIATION OF WATERS
a. Domestic
b. Municipal
c. Irrigation
APPROPRIATION OF WATERS
d. Power generation e. Fisheries
APPROPRIATION OF WATERS
g. Industrial
h. Recreational, and i. Other purposes
WATER RIGHT – is the privilege granted
by the government to appropriate and use
water.
WATER PERMIT – is the document
evidencing the water right.
(GENERAL RULE) No person, including government
instrumentalities or government-owned corporations, shall appropriate water without a water right, which shall be
evidenced by a document known as a water permit.
(EXCEPTION) Any person may appropriate or use natural bodies of water without securing a water permit for any of the following:
1. Appropriation of water by means of hand carried receptacles; and
2. Bathing or washing, watering or dipping of domestic or farm animals, and navigation of watercrafts or
REGALIAN DOCTRINE
– is the doctrine
recognized in our
constitution whereby
ownership of minerals
and all forces of
potential energy and
other natural resources
are reserved for the
State (see Article XII,
Section 2, 1987
ARTICLE 20: The measure and limit of appropriation
of water shall be beneficial use.
BENEFICIAL USE OF WATER is the utilization of
water in the right amount during the period that the
water is needed for producing the benefits for which
the water is appropriated.
UTILIZATION OF WATERS
ARTICLE 31: Preference in the development of water resources
shall consider:
1. security of the State, 2. multiple use,
3. beneficial effects, 4. adverse effects and 5. costs of development
ARTICLE 32:CONTROL AREA is an area of land where subterranean or ground water and surface water are so
interrelated that withdrawal and use in one similarly affects the other.
UTILIZATION OF WATERS
Drainage systems shall be so constructed that their outlets are
rivers, lakes, the sea, natural bodies of water, such other water course as may be approved by the proper government agency
Lower estates are obliged to receive the waters which naturally
and without the intervention of man flow from the higher estates, as well as the stones or earth which they carry with them.
The banks or rivers and streams and the shores of the seas and
lakes throughout their entire length and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural
areas and forty (40) meters in forest areas, along their margins, are subject to the easement of public use in the interest of
recreation, navigation, floatage, fishing and salvage.
Antidegradation policy
CONTROL OF WATERS
To promote the best interest and the coordinated protection of
flood plain lands
The government may construct necessary flood control
structures in declared flood control areas, and for this purpose it shall have a legal easement as wide as may be needed along and adjacent to the river bank and outside the bed or channel of the river.
River beds, sand bars and tidal flats may not be cultivated
CONTROL OF WATERS
Waters of a stream may be stored in a reservoir by a permittee in such
amount as will not prejudice the right of any permittee downstream. Whoever operates the reservoir shall, when required, release water for minimum stream flow.
All reservoir operations shall be subject to rules and regulations issued by the Council or any proper government agency
No person shall drill a well without prior permission from the
Council.
Article 65. Water from one river basin may be transferred to another river
CONSERVATION AND PROTECTION OF WATERS AND WATERSHEDS AND RELATED
LAND RESOURCES
Established minimum stream flows for rivers and streams, and minimum
water levels
Any watershed or any area of land adjacent to any surface water or
overlying any ground water may declared as protected area
CONSERVATION AND PROTECTION OF WATERS AND WATERSHEDS AND RELATED
LAND RESOURCES
Considerations for water resources development:
Ecological changes
Conservation of fish and wildlife
Waterfowl propagation or other wildlife purposes
Permission from the National Pollution Control Commission
Water pollution is the impairment of the quality of water beyond a certain standard. This standard may vary according to the use of the water and shall be set by the National Pollution Control Commission.
ADMINISTRATION OF WATERS AND ENFORCEMENT OF THE PROVISIONS OF THIS CODE
The Administration and enforcement of the provisions of this Code,
Council – NATIONAL WATER RESOURCES COUNCIL / NATIONAL WATER
RESOURCES BOARD OF DENR
COUNCIL – A GROUP OF PEOPLE WHO ARE PEOPLE CHOOSEN TO MAKE
The Philippine Clean Water
Act of 2004 - (RA 9275)
AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR OTHER PURPOSES
WHAT WE SHOULD KNOW ABOUT CWA?
Δ Why the need for the Clean Water Act? Δ What is the Clean Water Act?
Δ How will water quality be managed? Δ Who will manage these areas?
Δ Who are the members of the Governing Boards? Δ What are the functions of the Governing Boards? Δ How will discharges of wastewater be controlled? Δ How will domestic wastewater be addressed?
Δ How will the discharge of wastewater be discouraged?
Δ How will the control be encourage?
Δ What safeguards are provided for?
Δ What are the prohibited acts under R.A. 9275?
Δ What are the fines and penalties imposed on polluters? Δ Who should implement the Clean Water Act?
The Philippine Clean Water Act of 2004 (Republic Act No. 9275) aims :
protect the country’s water bodies from pollution from land-based sources (industries and commercial establishments, agriculture and community/household activities)
provides for a comprehensive and integrated strategy to
prevent and minimize pollution through a multi-sectoral and participatory approach involving all the stakeholders.
General Application - Water quality management in all water bodies
Primary Application - abatement & control of pollution from land based sources
Enforcement of WQ standards, regulations and penalties – irrespective of source of pollution
Purpose:
To maintain, upkeep water bodies
To finance wastewater facilities (establish & repair)
Operational expenses of GB (10%)
National Sewerage & Septage Management Program – Sec. 7
A priority listing of sewerage, septage and combined systems/projects for LGUs
LGUs may enter into BOT or joint venture agreement w/
private sector for constructing, rehabilitating and/or operation of such facilities
Each LGU shall appropriate land, including right of-way/ road access, for constructing sewage and
Domestic Sewage Collection, Treatment & Disposal – Sec. 8
W/in 5 years concerned water, sewerage and sanitation (WSS) agencies/ concessionaires in coordination w/ LGUs, shall
connect subdivisions, condominiums, malls, hotels, public
buildings, etc. in highly urbanized cities (HUCs) shall connect their sewage lines to available systems or utilize their own
sewerage system
For non-HUCs, septage or combined sewerage septage management systems to be employed
Said connection subject to service charges/fees
WASTEWATER CHARGE SYSTEM
Established on the basis of payment to government for discharging wastewater into the water bodies
Based on net waste load (diff. Of initial load of abstracted water to waste load of discharged effluent),
Complying industries to be charged minimal reasonable amount
Discharge Permits
For owners/operators of facilities that discharge regulated water
pollutants
WITH SPECIFIED:
quantity and quality of effluent compliance schedule
monitoring requirement
Depositing material of any kind which could cause water pollution
Discharging, injecting or allowing to seep into the earth any substance that would pollute groundwater
Operating facilities that discharge regulated water pollutants without the valid required permits
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
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
Prohibited Acts
Refusal or failure to submit reports whenever required by the Department
Refusal or failure to designate pollution control officers whenever required by the Department
Non-compliance of LGU with the WQM Action Plan
Direct use of booster pumps in the distribution system or tampering with the water supply
Fines, Damages and Penalties
Fines of 10,000 – 200,000 PhP for every day of violation; upon PAB recommendation (rates to be increased 10% every 2 years);
Closure, suspension of development or construction or cessation of operations, upon PAB recommendation;
2 to 4 yrs. imprisonment for failure to clean up & 50,000 – 100,000 for every day of violation;
6 to 12 yrs. imprisonment & 500,000 PhP for every day of
violation for such refusal resulting in serious injury or death and/or irreversible contamination;
DENR
Who implements the Clean Water Act?
Philippine
coast guard DPWH DA DOH
DEPED
DILG
INCENTIVES AND REWARDS
Rewards, monetary or otherwise, shall be provided to
individuals, private organization and entities, including civil society, that have undertaken outstanding and innovative
projects, technologies, processes and techniques or activities in water quality management. Said rewards shall be sourced from the Water Quality Management Fund herein created.
Incentives Scheme
Tax and Duty Exemption on Imported Capital Equipment Tax Credit on Domestic Capital Equipment
Tax and Duty Exemption of Donations, Legacies and Gifts
Government financial institutions such as the Development Bank of the Philippines, Land Bank of the Philippines, Government Service Insurance System, and such other government institutions providing financial services shall, in accordance with and to the extent allowed by the enabling
provisions of their respective charters or applicable laws, accord high
priority to extend financial services to LGUs, WDs, enterprises, or private entities engaged in sewage collection and treatment facilities.
THE END
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