REPUBLIC ACT NO.

8749
PHILIPPINE CLEAN AIR ACT OF 1999
Chapter 1
General Provisions
Article One
Basic Air Quality Policies
SECTION 1. Short Title. - This Act shall be known as the “Philippine Clean Air Act of 1999.”
SEC. 2. Declaration of Principles. - 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 State shall promote and protect the global environment to attain sustainable development
while recognizing the primary responsibility of local government units to deal with environmental
problems.
The State recognizes that the responsibility of cleaning the habitat and environment is primarily
area-based.
The State also recognizes the principle that “polluters must pay”.
Finally, the State recognizes that a clean and healthy environment is for the good of all and should,
therefore, be the concern of all.
SEC. 3. Declaration of Policies. - The State shall pursue a policy of balancing development
and environmental protection. To achieve this end, the frame work for sustainable development
shall be pursued. It shall be the policy of the State to:chanroblesvirtuallawlibrary
[a] Formulate a holistic national program of air pollution management that shall be implemented by
the government through proper delegation and effective coordination of functions and activities;
[b] Encourage cooperation and self-regulation among citizens and industries through the application
of market-based instruments;
[c] Focus primarily on pollution prevention rather than on control and provide for a
comprehensive management program for air pollution;
[d] Promote public information and education and to encourage the participation of an informed and
active public in air quality planning and monitoring; and
[e] Formulate and enforce a system of accountability for short and long-term adverse environmental
impact of a project, program or activity. This shall include the setting up of a funding or guarantee
mechanism for clean-up and environmental rehabilitation and compensation for personal damages.
SEC. 4. Recognition of Rights. - Pursuant to the above-declared principles, the following rights of
citizens are hereby sought to be recognized and the State shall seek to guarantee their
enjoyment:chanroblesvirtuallawlibrary
[a] The right to breathe clean air;
[b] The right to utilize and enjoy all natural resources according to the principles of sustainable
development;
[c] The right to participate in the formulation, planning, implementation and monitoring of
environmental policies and programs and in the decision-making process;
[d] The right to participate in the decision-making process concerning development policies, plans
and programs projects or activities that may have adverse impact on the environment and public
health;
[e] The right to be informed of the nature and extent of the potential hazard of any activity,
undertaking or project and to be served timely notice of any significant rise in the level of pollution
and the accidental or deliberate
release into the atmosphere of harmful or hazardous substances;
[f] The right of access to public records which a citizen may need to exercise his or her rights
effectively under this Act;
[g] The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of
environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and
to seek the imposition of penal sanctions against violators of environmental laws; and
[h] The right to bring action in court for compensation of personal damages resulting from the
adverse environmental and public health impact of a project or activity.
Article Two
Definition of Terms
SEC. 5. Definitions.- As used in this Act:chanroblesvirtuallawlibrary
a) “Air pollutant” means any matter found in the atmosphere other than oxygen, nitrogen, water
vapor, carbon dioxide, and the inert gases in their natural or normal concentrations, that is
detrimental to health or the environment, which includes, but not limited to smoke, dust, soot,
cinders, fly ash, solid particles of any kind, gases, fumes, chemical mists, steam and radioactive
substances;
b) “Air pollution” means any alteration of the physical, chemical and biological properties of the
atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or is
likely to create or to render the air resources of the country harmful, detrimental, or injurious to
public health, safety or welfare or which will adversely affect their utilization for domestic,
commercial, industrial, agricultural, recreational, or other legitimate purposes;
c) “Ambient air quality guideline values” means the concentration of air over specified periods
classified as short-term and long-term which are intended to serve as goals or objectives for the
protection of health and/or public welfare. These values shall be used for air quality management
purposes such as determining time trends, evaluating stages of deterioration or enhancement of the
air quality, and in general, used as basis for taking positive action in preventing, controlling, or
abating air pollution;
d) “Ambient air quality” means the general amount of pollution present in a broad area; and refers
to the atmosphere’s average purity as distinguished from discharge measurements taken at the
source of pollution;
e) “Certificate of Conformity” means a certificate issued by the Department of Environment and
Natural Resources to a vehicle manufacturer / assembler or importer certifying that a particular
new vehicle or vehicle type meets the requirements provided under this Act and its rules and
regulations;
f) “Department” means the Department of Environment and Natural Resources;
g)“Eco-profile” means the geographic-based instrument for planners and decision makers which
present an evaluation of the environment quality and carrying capacity of an area. It is the result of
the integration of primary data and information on natural resources and antropogenic activities
on the land which were evaluated by various environmental risk assessment and forecasting
methodologies that enable the Department to anticipate the type of development control necessary
in the planning area.
h)“Emission” means any air contaminant, pollutant, gas stream or unwanted sound from a known
source which is passed into the atmosphere;
i) “Greenhouse gases” means those gases that can potentially or can reasonably be expected to
induce global warming, which include carbon dioxide, oxides of nitrogen, chloroflourocarbons, and
the like;
j) “Hazardous substances” means those substances which present either: (1) short-term acute hazards
such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye
contact hazard or the risk of fire explosion; or (2) long-term toxicity upon repeated exposure,
carcinogecity (which in some cases result in acute exposure but with a long latent period), resistance
to detoxification process such as biodegradation, the potential to pollute underground or surface
waters;
k) “Infectious waste” means that portion of medical waste that could transmit an infectious disease;
l) “Medical waste” means the materials generated as a result of patient diagnosis, treatment, or
immunization of human beings or animals;
m) “Mobile source” means any vehicle propelled by or through combustion of carbon-based or other
fuel, constructed and operated principally for the conveyance of persons or the transportation of
property goods;
n) “Motor vehicle” means any vehicle propelled by a gasoline or diesel engine or by any means other
than human or animal power, constructed and operated principally for the conveyance of persons
or the transportation of property or goods in a public highway or street open to public use;
o) “Municipal waste” means the waste materials generated from communities within a specific
locality;
p) "New vehicle” means a vehicle constructed entirely from new parts that has never been sold or
registered with the DOTC or with the appropriate agency or authority, and operated on the
highways of the Philippines, any foreign state or country;
q) “Octane Rating or the Anti-Knock Index(AKI)” means the rating of the anti-knock characteristics
of a grade or type of automotive gasoline as determined by dividing by two (2) the sum of the
Research Octane Number (RON), plus the Motor Octane Number (MON); the octane requirement,
with respect to automotive gasoline for use in a motor vehicle or a class thereof, whether imported,
manufactured, or assembled by a manufacturer, shall refer to the minimum octane rating of such
automotive gasoline which such manufacturer recommends for the efficient operation of such motor
vehicle, or a substantial portion of such class, without knocking;
r) “Ozone Depleting Substances (ODS)” means those substances that significantly deplete or
otherwise modify the ozone layer in a manner that is likely to result in adverse effects of human
health and the environment such as, but not limited to, chloroflourocarbons, halons and the like;
s) “Persistent Organic Pollutants (POPs)” means the organic compounds that persist in the
environment, bioaccumulate through the food web, and pose a risk of causing adverse effects to
human health and the environment. These compounds resist photolytic, chemical and biological
degradation, which shall include but not be limited to dioxin, furan, Polychlorinated Biphenyls
(PCBs), organochlorine pesticides, such as aldrin,dieldrin, DDT, hexachlorobenzene, lindane,
toxaphere and chlordane;
t) “Poisonous and toxic fumes” means any emissions and fumes which are beyond internationally -
accepted standards, including but not limited to the World Health Organization (WHO) guideline
values;
u) “Pollution control device" means any device or apparatus used to prevent, control or abate the
pollution of air caused by emissions from identified pollution sources at levels within the air
pollution control standards
established by the Department;
v) “Pollution control technology” means the pollution control devices, production process, fuel
combustion processes or other means that effectively prevent or reduce emissions or effluent;
w) “Standard of performance" means a standard for emissions of air pollutant which reflects the
degree of emission limitation achievable through the application of the best system of emission
reduction, taking into account the cost of achieving such reduction and any non-air quality health
and environmental impact and energy requirement which the Department determines, and
adequately demonstrates; and
x) “Stationary source” means any building or immobile structure, facility or installation which emits
or may emit any air pollutant.
Chapter 2
Air Quality Management System
Article One
General Provisions
SEC. 6. Air Quality Monitoring and Information Network.- The Department shall prepare an annual
National Air Quality Status Report which shall be used as the basis in formulating the Integrated
Air Quality Improvement Framework, as provided for in Sec. 7. The said report shall include, but
shall not be limited to the following:chanroblesvirtuallawlibrary
a) Extent of pollution in the country, per type of pollutant and per type of source, based on reports
of the Department’s monitoring stations;
b) Analysis and evaluation of the current state, trends and projections of air pollution at the various
levels provided herein;
c) Identification of critical areas, activities, or projects which will need closer monitoring or
regulation;
d) Recommendations for necessary executive and legislative action; and
e) Other pertinent qualitative and quantitative information concerning the extent of air pollution and
the air quality performance rating of industries in the country.
The Department, in cooperation with the National Statistical Coordination Board (NSCB), shall
design and develop an information network for data storage, retrieval and exchange.chanrobles
virtualawlibrary
The Department shall serve as the central depository of all data and information related to air
quality.
SEC. 7. Integrated Air Quality Improvement Framework.- The Department shall within six (6) months
after the effectivity of this Act, establish, with the participation of LGUs, NGOs, POs, the academe
and other concerned entities from the private sector, formulate and implement the Integrated Air
Quality Improvement Framework for a comprehensive air pollution management and control
program. The framework shall, among others, prescribe the emission reduction goals using
permissible standards, control strategies and control measures to undertaken within a specified
time period, including cost-effective use of economic incentives, management strategies, collective
actions, and environmental education and information.
The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint with
which all government agencies must comply with to attain and maintain ambient air quality
standards.
SEC. 8. Air Quality Control Action Plan.- Within six (6) months after the formulation of the
framework, the Department shall, with public participation, formulate and implement an air
quality control action plan consistent with Sec. 7 of this Act. The action plan
shall:chanroblesvirtuallawlibrary
a) Include enforceable emission limitations and other control measures, means or techniques, as well
as schedules and time tables for compliance, as may be necessary or appropriate to meet the
applicable requirements of this Act;
b) Provide for the establishment and operation of appropriate devices, methods, systems and
procedures necessary to monitor, compile and analyze data on ambient air quality;
c) Include a program to provide for the following: (1) enforcement of the measures described in
subparagraph [a]; (2) regulation of the modification and construction of any stationary source within
the areas covered by the plan, in accordance with land use policy to ensure that ambient air quality
standards are achieved;

d) Contain adequate provisions, consistent with the provisions of this Act, prohibiting any source or
other types of emissions activity within the country from emitting any air pollutant in amounts
which will significantly contribute to the non-attainment or will interfere with the maintenance by
the Department of any such ambient air quality standard required to be included in the
implementation plan to prevent significant deterioration of air quality or to protect visibility;

e) Include control strategies and control measures to be undertaken within a specified time period,
including cost effective use of economic incentives, management strategies, collection action and
environmental education and information;

f) Designate airsheds; and

g) All other measures necessary for the effective control and abatement of air pollution.
The adoption of the plan shall clarify the legal effects on the financial, manpower and budgetary
resources of the affected government agencies, and on the alignment of their programs with the
plans.chanrobles virtualawlibrary
In addition to direct regulations, the plan shall be characterized by a participatory approach to the
pollution problem. The involvement of private entities in the monitoring and testing of emissions
from mobile and/or stationary sources shall be considered.
Likewise, the LGU’s, with the assistance from the Department, shall prepare and develop an action
plan consistent with the Integrated Air Quality Improvement Framework to attain and maintain
the ambient air quality standards within their respective airsheds as provided in Sec. 9 hereof.
The local government units shall develop and submit to the Department a procedure for carrying out
the action plan for their jurisdiction. The Department, however, shall maintain its authority to
independently inspect the enforcement procedure adopted. The Department shall have the power
to closely supervise all or parts of the air quality action plan until such time the local government
unit concerned can assume the function to enforce the standards set by the Department.
A multi-sectoral monitoring team with broad public representation shall be convened by the
Department for each LGU to conduct periodic inspections of air pollution sources to assess
compliance with emission limitations contained in their permits.
SEC. 9. Airsheds.- Pursuant to Sec. 8 of this Act, the designation of airsheds shall be on the basis of,
but not limited to, areas with similar climate, meteorology and topology which affect the interchange
and diffusion of pollutants in the atmosphere, or areas which share common interest or face similar
development programs, prospects or problems.
For a more effective air quality management, a system of planning and coordination shall be
established and a common action plan shall be formulated for each airshed.
To effectively carry out the formulated action plans, a Governing Board is hereby created,
hereinafter referred to as the Board.
The Board shall be headed by the Secretary of the Department of Environment and Natural
Resources as chairman. The members shall be as follows:chanroblesvirtuallawlibrary
a) Provincial Governors from areas belonging to the airshed;
b) City/Municipal Mayors from areas belonging to the airshed;
c) A representative from each concerned government agency;
d) Representatives from people’s organizations;
e) Representatives from non-government organizations; and
f) Representatives from the private sector.
The Board shall perform the following functions:chanroblesvirtuallawlibrary
a) Formulation of policies;
b) Preparation of a common action plan;
c) Coordination of functions among its members; and
d) Submission and publication of an annual Air Quality Status Report for each airshed.
Upon consultation with appropriate local government authorities, the Department shall, from time
to time, revise the designation of airsheds utilizing eco-profiling techniques and undertaking
scientific studies.chanrobles virtualawlibrary
Emissions trading may be allowed among pollution sources within an airshed.
SEC. 10. Management of Non-attainment Areas.- The Department shall designate areas where
specific
pollutants have already exceeded ambient standards as non-attainment areas. The Department shall
prepare and implement a program that will prohibit new sources of exceeded air pollutant without
a corresponding reduction in existing resources.
In coordination with other appropriate government agencies, the LGUs shall prepare and implement
a
program and other measures including relocation, whenever necessary, to protect the health and
welfare of residents in the area.
For those designated as nonattainment areas, the Department, after consultation with local
government authorities, nongovernment organizations (NGOs), people’s organizations (POs) and
concerned sectors may revise the designation of such areas and expand its coverage to cover larger
areas depending on the condition of the areas.
SEC. 11. Air Quality Control Techniques.- Simultaneous with the issuance of the guideline values
and standards, the Department, through the research and development program contained in this
Act and upon consultation with appropriate advisory committees, government agencies and LGUs,
shall issue, and from time to time, revise information on air pollution control techniques.

Such information shall include:chanroblesvirtuallawlibrary

a) Best available technology and alternative methods of prevention, management and control of air
pollution;
b) Best available technology economically achievable which shall refer to the technological
basis/standards for emission limits applicable to existing, direct industrial emitters of
nonconventional and toxic pollutants; and
c) Alternative fuels, processes and operating methods which will result in the eliminator or significant
reduction of emissions.
Such information may also include data relating to the cost of installation and operation, energy
requirements, emission reduction benefits, and environmental impact or the emission control
technology.chanrobles virtualawlibrary
The issuance of air quality guideline values, standards and information on air quality control
techniques shall be made available to the general public: Provided, That the issuance of information
on air quality control techniques shall not be construed as requiring the purchase of certain
pollution control devices by the public.
SEC. 12. Ambient Air Quality Guideline Values and Standards.- The Department, in coordination with
other concerned agencies, shall review and or revise and publish annually a list of hazardous air
pollutants with corresponding ambient guideline values and/or standard necessary to protect health
and safety, and general welfare. The initial list and values of the hazardous air pollutants shall be
as follows:chanroblesvirtuallawlibrary
a) For National Ambient Air Quality Guideline for Criteria Pollutants:chanroblesvirtuallawlibrary

Short Long
a
Term Term b
Pollutants µg/Ncm ppm Averagingµg/NcmppmAveraging
Time Time
d
Suspended 230 24 hours 90 ---- 1 yeare
Particulate
Matterc-TSP
-PM-10 150f 24 hours 60 ---- 1 yeare
Sulfur 180 0.07 24 hours 80 0.03 1 year
Dioxidec
 Nitrogen 150 0.08 24 hours ---- ---- ----
Dioxide
Photochemical140 0.07 1 hour ---- ---- ----
Oxidants
As Ozone 60 0.03 8 hours ---- ---- ----
Carbon 30 1 hour ---- ---- ---- ----
Monoxide 35
mg/Ncm
10 9 8 hours ---- ---- ----
mg/Ncm
Leadg 1.5 ---- 3 monthsg 1.0 ---- 1 year

a
Maximum limits represented by ninety-eight percentile (98%) values not to be exceed more than
once a year.
b
Arithmetic mean
c
SO2 and Suspended Particulate matter are sampled once every six days when using the manual
methods. A minimum of twelve sampling days per quarter of forty-eight sampling days each year is
required for these methods. Daily sampling may be done in the future once continuous analyzers are
procured and become available.
d
Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50 um.
e
Annual Geometric Mean
f
Provisional limits for Suspended Particulate Matter with mass median diameter less than 10
microns and below until sufficient monitoring data are gathered to base a proper guideline.
g
Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three
moving calendar months. The monitored average value for any three months shall not exceed the
guideline value.
b) For National Ambient Air Quality Standards for Source Specific Air Pollutants
from:chanroblesvirtuallawlibrary
Industrial Sources/ Operations:chanroblesvirtuallawlibrary

Pollutants1 Concentration2 Averaging Method of

time Analysis/
(min.) Measurement3
µ/Ncm ppm

1. Ammonia 200 0.28 30 Nesselerization/

Indo Phenol
2. Carbon 30 0.01 30 Tischer Method
Disulfide
3. Chlorine 100 0.03 5 Methyl Orange
and Chlorine
Compounds
 expressed as
Cl2
4. 50 0.04 30 Chromotropic
Formaldehyde acid Method or
MBTH
Colorimetric
Method
5. Hydrogen 200 0.13 30 Volhard Titration
Chloride with Iodine
Solution
6. Hydrogen 100 0.07 30 Methylene Blue
Sulfide
7. Lead 20 30 AASc
8. Nitrogen 375,260 0.20,0.1430,60 Greiss- Saltzman
Dioxide
9. Phenol 100 0.03 30 4-
Aminoantiphyrine
10. Sulfur 470, 340 0.18, 30,60 Colorimetric-
Dioxide 0.13 Pararosaniline
11. Suspended
Particulate
Matter-TSP 300 ---- 60 Gravimetric

1
Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and Sulfuric
Acid Mists in the 1978 NPCC Rules and Regulations may be considered as guides in determining
compliance.
2
Ninety-eight percentile (98%) values of 30-minute sampling measured at 250C and one atmosphere
pressure.
3
Other equivalent methods approved by the Department may be used.
The basis in setting up the ambient air quality guideline values and standards shall reflect, among
others, the latest scientific knowledge including information on:chanroblesvirtuallawlibrary
a) Variable, including atmospheric conditions, which of themselves or in combination with other
factors may alter the effects on public health or welfare of such air pollutant;
b) The other types of air pollutants which may interact with such pollutant to produce an adverse
effect on public health or welfare; and
c) The kind and extent of all identifiable effects on public health or welfare which may be expected
from presence of such pollutant in the ambient air, in varying quantities.
The Department shall base such ambient air quality standards on World Health Organization
(WHO) standards, but shall not be limited to nor be less stringent than such standards.chanrobles
virtualawlibrary
SEC. 13. Emission Charge System.- The Department, in case of industrial dischargers, and the
Department of Transportation and Communication (DOTC), in case of motor vehicle dischargers,
shall, based on environmental techniques, design, impose on and collect regular emission fees from
said dischargers as part of the emission permitting system or vehicle registration renewal system,
as the case may be. The system shall encourage the industries and motor vehicles to abate, reduce,
or prevent pollution. The basis of the fees include, but is not limited to, the volume and toxicity of
any emitted pollutant. Industries, which shall install pollution control devices or retrofit their
existing facilities with mechanisms that reduce pollution shall be entitled to tax incentives such as
but not limited total credits and/or accelerated depreciation deductions.
SEC. 14. Air Quality Management Fund.- An Air Quality Management Fund to be administered by
the
Department as a special account in the National Treasury is hereby established to finance
containment, removal, and clean-up operations of the Government in air pollution cases, guarantee
restoration of ecosystems and rehabilitate areas affected by the acts of violators of this Act, to
support research, enforcement and monitoring activities and capabilities of the relevant agencies,
as well as to provide technical assistance to the relevant agencies. Such fund may likewise be
allocated per airshed for the undertakings herein stated.
The Fund shall be sourced from the fines imposed and damages awarded to the Republic of the
Philippines by the Pollution Adjudication Board (PAB), proceeds of licenses and permits issued by
the Department under this Act, emission fees and from donations, endowments and grants in the
forms of contributions. Contributions to the Fund shall be exempted from donor taxes and all other
taxes, charges or fees imposed by the Government.
SEC. 15. Air Pollution Research and Development Program.- The Department, in coordination with
the Department of Science and Technology (DOST), other agencies, the private sector, the academe,
NGO’s and PO’s, shall establish a National Research and Development Program for the prevention
and control of air pollution. The Department shall give special emphasis to research on and the
development of improved methods having industry-wide application for the prevention and control
of air pollution.
Such a research and development program shall develop air quality guideline values and standards
in addition to internationally-accepted standards. It shall also consider the socio-cultural, political
and economic implications of air quality management and pollution control.
Article Two
Air Pollution Clearances
and Permits for Stationary Sources
SEC. 16. Permits.- Consistent with the provisions of this Act, the Department shall have the authority
to issue permits as it may determine necessary for the prevention and abatement of air pollution.
Said permits shall cover emission limitations for the regulated air pollutants to help attain and
maintain the ambient air quality standards. These permits shall serve as management tools for the
LGUs in the development of their action plan.
SEC. 17. Emission Quotas.- The Department may allow each regional industrial center that is
designated as special airshed to allocate emission quotas to pollution sources within its jurisdiction
that qualify under an environmental impact assessment system programmatic compliance program
pursuant to the implementing rules and regulations of Presidential Decree No. 1586.
SEC. 18. Financial Liability for Environmental Rehabilitation.- As part of the environmental
management plan attached to the environmental compliance certificate pursuant to Presidential
Decree No. 1586 and rules and regulations set therefor, the Department shall require program and
project proponents to put up financial guarantee mechanisms to finance the needs for emergency
response, clean-up rehabilitation of areas that
may be damaged during the program or project’s actual implementation. Liability for damages shall
continue even after the termination of a program or project, where such damages are clearly
attributable to that program or project and for a definite period to be determined by the
Department and incorporated into the environmental compliance certificate.
Financial liability instruments may be in the form a trust fund, environmental insurance, surety
bonds, letters of credit, as well as self-insurance. The choice of the guarantee instruments shall
furnish the Department with evidence of availment of such instruments.
Article Three
Pollution from Stationary Sources
SEC. 19. Pollution From Stationary Sources.- The Department shall, within two (2) years from the
effectivity of this Act, and every two (2) years thereafter, review, or as the need therefore arises,
revise and publish emission standards, to further improve the emission standards for stationary
sources of air pollution. Such emission standards shall be based on mass rate of emission for all
stationary source of air pollution based on internationally accepted standards, but not be limited to,
nor be less stringent than such standards and with the standards set forth in this section. The
standards, whichever is applicable, shall be the limit on the acceptable level of pollutants emitted
from a stationary source for the protection of the public’s health and welfare.
With respect to any trade, industry, process and fuel-burning equipment or industrial plant emitting
air pollutants, the concentration at the point of emission shall not exceed the following
limits:chanroblesvirtuallawlibrary

Pollutants Standard Maximum Method of

Applicable Permissible Analysisa
to Source Limits
(mg/Ncm)
1. Antimony any source 10 as Sb AASb
and Its
compounds
2. Arsenic Any source 10 as As AASb
and its
compounds
3. Cadmium Any source 10 as Cd AASb
and its
compounds
4. Carbon Any 500 as CO Orsat analysis
Monoxide industrial
Source
5. Copper Any 100 ax Cu AASb
and its industrial
Compounds source
6. Any source 50 as HF Titration with
Hydrofluoricother than Ammonium
Acids and the Thiocyanate
Fluoride manufacture
compounds of
Aluminum
from
Alumina
c.d
7. Hydrogen i) Cadmium Sulfide
Sulfide Geothermal Method
Power
Plants
e
ii)
Geothermal
Exploration
and well-
testing
iii) Any 7 as H2S Cadmium Sulfide
source other Method
than (i) and
(ii)
8. Lead Any trade, 10 as Pb AASb
industry or
process
9. Mercury Any Source 5 as AASb/Cold-Vapor
elemental Technique or Hg
Hg Analyzer
10. Nickel Any source 20 as Ni AASb
and its
compounds,
except
Nickel
Carbonyl f
11. NOx i) 2,000 as Phenol-disulfonic
Manufactureacid and acid Method
of Nitric NOx and
Acid calculated
as NO2
ii) Fuel Phenol-disulfonic
burning acid Method
steam
generators
 Existing 1,500 as
Source NO2
New Source
• Coal-Fired 1,000 as
NO2
• Oil-Fired 500 as
NO2
iii) Any Phenol-disulfonic
source other acid Method
than (i) adn
(ii)
Existing 1000 as
Source NO2
New Source 500 as
NO2
12. Any source 200 as Spectrophotometry
Phosphorus P2O5
Pentoxideg
13. Zinc and Any source 100 as Zn AASb
its
Compounds

a
Other equivalent methods approved by the Department may be used.
b
Atomic Absorption Specttrophotometry
c
All new geothermal power plants starting construction by 01 January 1995 shall control H sS
emissions to not more than 150 g/GMW-Hr
d
All existing geothermal power plants shall control HsS emissions to not more than 200 g/GMW-Hr
within 5 years from the date of effectivity of these revised regulations.
e
Best practicable control technology for air emissions and liquid discharges. Compliance with air
and water quality standards is required.
f
Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.
g
Provisional Guideline
Provided, That the maximum limits in mg/ncm particulates in said sources shall
be:chanroblesvirtuallawlibrary

1. Fuel Burning Equipment

a) Urban or Industrial Area 150
mg/Ncm
b) Other Area 200
mg/Ncm
2. Cement Plants (Kilns, etc.) 150
mg/Ncm
 3. Smelting Furnaces 150
mg/Ncm
4. Other Stationary Sourcesa 200
mg/Ncm

a
Other Stationary Sources means a trade, process, industrial plant, or fuel burning equipment other
than thermal power plants, industrial boilers, cement plants, incinerators and smelting furnaces.
Provided, further, That the maximum limits for sulfur oxides in said sources shall
be:chanroblesvirtuallawlibrary

(1) Existing Sources

(i) Manufacture of Sulfuric 2.0gm.Ncm as
Acid and Sulf(on)ation SO3
Process
(ii) Fuel burning Equipment 1.5gm.Ncm as
SO2
(iii) Other Stationary Sourcesa 1.0gm.Ncm as
SO3
(2) New Sources
(i) Manufacture of Sulfuric 1.5 gm.Ncm
Acid and Sulf(on)ation as SO3
Process
(ii) Fuel Burning Equipment 0.7 gm.Ncm
as SO2
(iii) Other Stationary Sourcesa 0.2 gm.Ncm
as SO3

a
Other Stationary Sources refer to existing and new stationary sources other than those caused by
the manufacture of sulfuric acid and sulfonation process, fuel burning equipment and incineration.
For stationary sources of pollution not specifically included in the immediately preceding paragraph,
the following emission standards shall not be exceeded in the exhaust
gas:chanroblesvirtuallawlibrary
I. Daily And Half Hourly Average Values
Daily Average Half
Values Hourly
Average
Values
3
Total dust 10 mg/m 30
mg/m3
Gaseous and 10 mg/m3 20
vaporous organic mg/m3
substances,
 expressed as total
organic carbon
Hydrogen 10 mg/m3 60
chloride (HCl) mg/m3
Hydrogen 1 mg/m3 4 mg/m3
fluoride (HF)
Sulfur dioxide 50 mg/m3 200
(SO2) mg/m3
Nitrogen 200 mg/m3 400
monoxide (NO) mg/m3
and Nitrogen
dioxide (NO2),
expressed as
nitrogen dioxide
for incineration
plants with a
capacity
exceeding 3
tonnes per hour
Nitrogen 300 mg/m3
monoxide (NO)
and nitrogen
dioxide (NO2),
expressed as
nitrogen dioxide
for incineration
plants with a
capacity of 3
tonnes per hour
or less
Ammonia 10 mg/m3 20
mg/m3
II. All the Average Values Over the Sample Period of a Minimum of 4 and Maximum of 8 Hours.

Cadmium and its total 0.05

compounds,
expressed as
cadmium (Cd)
Thallium and its mg/m3
compounds,
expressed as
thallium (Tl)
Mercury and its 0.05 mg/m3
Compounds,
expressed as
mercury (Hg)
Antimony and its
compounds,
expressed as
antimony (Sb)
Arsenic and its total 0.5 mg/m3
compounds,
expressed as arsenic
(As)
Lead and its
compounds,
expressed as lead (
Pb)
Chromium and its
compounds,
expressed as
chromium (Cr)
Cobalt and its
compounds,
expressed as cobalt
(Co)
Copper and its
compounds,
expressed as copper
(Cu)
Manganese and its
compounds,
expressed as
manganese (Mn)
Nickel and its
compounds,
expressed as nickel
(Ni)
Vanadium and its
compounds,
expressed as
vanadium (V)
Tin and its
compounds,
 expressed as tin
(Sn)
These average values cover also gaseous and the vapor forms of the relevant heavy metal emission as
well as their compounds: Provided, That the emission of dioxins and furans into the air shall be
reduced by the most progressive techniques: Provided, further, That all average of dioxin and furans
measured over the sample period of a minimum of 5 hours and maximum of 8 hours must not exceed
the limit value of 0.1 nanogram/m3.chanrobles virtualawlibrary
Pursuant to Sec. 8 of this Act, the Department shall prepare a detailed action plan setting the emission
standards or standards of performance for any stationary source the procedure for testing emissions
for each type of pollutant, and the procedure for enforcement of said standards.
Existing industries, which are proven to exceed emission rates established by the Department in
consultation with stakeholders, after a thorough, credible and transparent measurement process
shall be allowed a grace period of eighteen (18) months for the establishment of an environmental
management system and the installation of an appropriate air pollution control device : Provided,
That an extension of not more than twelve (12) months may be allowed by the Department on
meritorious grounds.
SEC. 20. Ban on Incineration.- Incineration, hereby defined as the burning of municipal, biomedical
and hazardous waste, which process emits poisonous and toxic fumes is hereby prohibited;
Provided, however, That the prohibition shall not apply to traditional small-scale method of
community/neighborhood sanitation “siga”, traditional, agricultural, cultural, health, and food
preparation and crematoria; Provided, further, That existing incinerators dealing with a
biomedical wastes shall be out within three (3) years after the effectivity of this Act; Provided,
finally, that in the interim, such units shall be limited to the burning of pathological and infectious
wastes, and subject to close monitoring by the Department.
Local government units are hereby mandated to promote, encourage and implement in their
respective jurisdiction a comprehensive ecological waste management that includes waste
segregation, recycling and composting.
With due concern on the effects of climate change, the Department shall promote the use of state-of-
the-art, environmentally-sound and safe non-burn technologies for the handling, treatment,
thermal destruction, utilization, and disposal of sorted, unrecycled, uncomposted, biomedical and
hazardous wastes.
Article Four
Pollution from Motor Vehicles
SEC. 21. Pollution from Motor Vehicles.- a) The DOTC shall implement the emission standards for
motor vehicles set pursuant to and as provided in this Act. To further improve the emission
standards, the Department shall review, revise and publish the standards every two (2) years, or
as the need arises. It shall consider the maximum limits for all major pollutants to ensure substantial
improvement in air quality for the health, safety and welfare of the general public.
The following emission standards for type approval of motor vehicles shall be effective by the year
2003:chanroblesvirtuallawlibrary
a) For light duty vehicles, the exhaust emission limits for gaseous pollutants shall
be:chanroblesvirtuallawlibrary
Emission Limits for Light Duty Vehicles
 Type Approval
(Directive 91/441/EEC)

CO HC + NOx PMa
(g/km) (g/km) (g/km)
2.72 0.97 0.14
a
for compression-ignition engines only
b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a function of the
given reference mass shall be:chanroblesvirtuallawlibrary
Reference CO HC + PMa(g/km)
Weight (g/km) NOx(g/km)
(RW)
(kg)
Category1250< 2.72 0.97 0.14
1 RW
Category1250< 5.17 1.4 0.19
2 RW<1700
CategoryRW>1700 6.9 1.7 0.25
3

a
for compression-ignition engines only
c) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall
be:chanroblesvirtuallawlibrary

CO HC NOx PM
(g/k/Wh) (g/k/Wh) (g/k/Wh) (g/k/Wh)
4.5 1.1 8.0 0.36a

a
In the case of engines of 85 kW or less, the limit value for particular emissions in increased by
multiplying the quoted limit by a coefficient of 1.7
Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams hydrocarbons per
test. Likewise, it shall not allow any emission of gases from crankcase ventilation system into the
atmosphere.chanrobles virtualawlibrary
b) The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an action plan
for the control and management of air pollution from motor vehicles consistent with the Integrated
Air Quality Framework. The DOTC shall enforce compliance with the emission standards for motor
vehicles set by the Department. The DOTC may deputize other law enforcement agencies and LGUs
for this purpose. To this end, the DOTC shall have the power to:chanroblesvirtuallawlibrary
[1] Inspect and monitor the emissions of motor vehicles;
[2] Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or street at
specified times; and
[3] Authorize private testing emission testing centers duly accredited by the DTI.
c) The DOTC, together with the DTI and the Department, shall establish the procedures for the
inspection of motor vehicles and the testing of their emissions for the purpose of determining the
concentration and/or rate of pollutants discharged by said sources.chanrobles virtualawlibrary
d) In order to ensure the substantial reduction of emissions from motor vehicles, the Department of
Trade and Industry (DTI), together with the DOTC and the Department shall formulate and
implement a national motor vehicle inspection and maintenance program that will promote efficient
and safe operation of all motor vehicles. In this regard, the DTI shall develop and implement
standards and procedures for the certification of training
institutions, instructors and facilities and the licensing of qualified private service centers and their
technicians as prerequisite for performing the testing, servicing, repair and the required adjustment
to the vehicle emission system. The DTI shall likewise prescribe regulations requiring the disclosure
of odometer readings and the use of tamper-resistant odometers for all motor vehicles including
tamper-resistant fuel management systems for the effective implementation of the inspection and
maintenance program.
SEC. 22. Regulation of All Motor Vehicles and Engines.- Any imported new or locally-assembled new
motor vehicle shall not be registered unless it complies with the emission standards set pursuant to
this Act, as evidenced by a Certificate of Conformity (COC) issued by the Department.
Any imported new motor vehicle engine shall not be introduced into commerce, sold or used unless
it
complies with emission standards set pursuant to this Act.
Any imported used motor vehicle or rebuilt motor vehicle using new or used engines, major parts or
components shall not be registered unless it complies with the emission standards.
In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the
vehicular engine so it will be in compliance with applicable emission standards.
No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the emission
testing requirement promulgated in accordance with this Act. Such testing shall be conducted by
the DOTC or its authorized inspection centers within sixty (60) days prior to date of registration.
The DTI shall promulgate the necessary regulations prescribing the useful life of vehicles and
engines including devices in order to ensure that such vehicles will conform to the emissions which
they were certified to meet. These regulations shall include provisions for ensuring the durability of
emission devices.
SEC. 23. Second-Hand Motor Vehicle Engines.- Any imported second-hand motor vehicle engine
shall not be introduced into commerce, sold or used unless it complies with emission standards set
pursuant to this Act.
Article Five
Pollution from Other Sources
SEC. 24. Pollution from smoking.- Smoking inside a public building or an enclosed public place
including public vehicles and other means of transport or in any enclosed area outside of one’s
private residence, private place of work or any duly designated smoking area is hereby prohibited
under this Act. This provision shall be implemented by the LGUs.
SEC. 25. Pollution from other mobile sources.- The Department, in coordination with appropriate
agencies, shall formulate and establish the necessary standards for all mobile sources other than
those referred to in Sec. 21 of this Act. The imposition of the appropriate fines and penalties from
these sources for any violation of emission standards shall be under the jurisdiction of the DOTC.
Chapter 3
Fuels, Additives, Substances and Pollutants
Article One
Fuels, Additives and Substances
SEC. 26. Fuels and Additives.- Pursuant to the Air Quality Framework to be established under
Section 7 of this Act, the Department of Energy (DOE), co-chaired by the Department of
Environment and Natural Resources (DENR), in consultation with the Bureau of Product
Standards (BPS) of the DTI, the DOST, the representatives of the fuel and automotive industries,
academe and the consumers shall set the specifications for all types of
fuel and fuel-related products, to improve fuel composition for increased efficiency and reduced
emissions:chanroblesvirtuallawlibrary Provided, however, that the specifications for all types of
fuel and fuel-related products set-forth pursuant to this
section shall be adopted by the BPS as Philippine National Standards (PNS).
The DOE shall also specify the allowable content of additives in all types of fuels and fuel-related
products. Such standards shall be based primarily on threshold levels of health and research
studies. On the basis of such specifications, the DOE shall likewise limit the content or begin that
phase-out of additives in all types of fuels and fuel-related products as it may deem necessary. Other
agencies involved in the performance of this function shall be required to coordinate with the DOE
and transfer all documents and information necessary for the implementation of this provision.
Consistent with the provisions of the preceding paragraphs under this section, it is declared
that:chanroblesvirtuallawlibrary
a) not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture,
import, sell, supply, offer for sale, dispense, transport or introduce into commerce unleaded
premium gasoline fuel which has an anti-knock index (AKI) of not less that 87.5 and Reid vapor
pressure of not more than 9 psi. Within six (6) months after the effectivity of this Act, unleaded
gasoline fuel shall contain aromatics not to exceed forty-five percent (45%) by volume and benzene
not to exceed four percent (4%) by volume; Provided, that by year 2003, unleaded gasoline fuel
should contain aromatics not to exceed thirty-five percent (35%) by volume and benzene not to
exceed two percent (2%) by volume;
b) not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture,
import, sell, supply, offer for sale, dispense, transport or introduce into commerce automotive diesel
fuel which contains a concentration of sulfur in excess of 0.20% by weight with a cetane number of
index of not less than forty-eight (48): Provided, That by year 2004, content of said sulfur shall be
0.05% by weight; and
c) not later than eighteen (18) months after the effectivity of this Act, no Person shall manufacture,
import, sell, supply, offer for sale, dispense, transport or introduce into commerce industrial diesel
fuel which contains a concentration of sulfur in excess of 0.30% (by weight).
Every two (2) years thereafter or as the need arises, the specifications of unleaded gasoline and of
automotive and industrial diesel fuels shall be reviewed and revised for further improvement in
formulation and in accordance with the provisions of this Act.chanrobles virtualawlibrary
The fuels characterized above shall be commercially available. Likewise, the same shall be the
reference fuels for emission and testing procedures to be established in accordance with the
provisions of this Act.
Any proposed additive shall not in any way increase emissions of any of the regulated gases which
shall include, but not limited to carbon monoxide, hydrocarbons, and oxides of nitrogen and
particulate matter, in order to be approved and certified by the Department.
SEC. 27. Regulation of Fuels and Fuel Additives.- The DOE, in coordination with the Department and
the BPS, shall regulate the use of any fuel or fuel additive. No manufacturer, processor or trader of
any fuel or additive may import, sell, offer for sale, or introduce into commerce such fuel for
additive unless the same has been
registered with the DOE. Prior to registration, the manufacturer, processor or trader shall provide
the DOE with the following relevant information:chanroblesvirtuallawlibrary
a) Product identity and composition to determine the potential health effects of such fuel additives;
b) Description of the analytical technique that can be used to detect and measure the additive in any
fuel;
c) Recommended range of concentration; and
d) Purpose in the use of the fuel and additive.
SEC. 28. Misfueling.- In order to prevent the disabling of any emission control device by lead
contamination, no person shall introduce or cause or allow the introduction of leaded gasoline into
any motor vehicle equipped with a gasoline tank filler inlet and labeled “unleaded gasoline only“.
This prohibition shall also apply to any person who knows or should know that such vehicle is
designed solely for the use of unleaded gasoline.chanrobles virtualawlibrary
SEC. 29. Prohibition on Manufacture, Import and Sale of leaded Gasoline and of Engines and/or
Components Requiring Leaded Gasoline.- Effective not later than eighteen (18) months after the
enactment of this Act, no person shall manufacture, import, sell, offer for sale, introduce into
commerce, convey or otherwise dispose of, in any manner, leaded gasoline and engines and
components requiring the use of leaded gasoline.
For existing vehicles, the DTI shall formulate standards and procedures that will allow non-
conforming engines to comply with the use of unleaded fuel within five(5) years after the effectivity
of this Act.
Article Two
Other Pollutants
SEC. 30. Ozone-Depleting Substances.- Consistent with the terms and conditions of the Montreal
Protocol on Substances that Deplete the Ozone Layer and other international agreements and
protocols to which the Philippines is a signatory, the Department shall phase out ozone-depleting
substances.
Within sixty (60) days after the enactment of this Act, the Department shall publish a list of
substances which are known to cause harmful effects on the stratospheric ozone layer.
SEC. 31. Greenhouse Gases.- The Philippine Atmospheric, Geophysical and Astronomical Service
Administration (PAGASA) shall regularly monitor meteorological factors affecting environmental
conditions including ozone depletion and greenhouse gases and coordinate with the Department in
order to effectively guide air pollution monitoring and standard-setting activities.
The Department, together with concerned agencies and local government units, shall prepare and
fully implement a national plan consistent with the United Nations Framework Convention on
Climate Change and other international agreements, conventions and protocols on the reduction of
greenhouse gas emissions in the country.
SEC. 32. Persistent Organic Pollutants.- The Department shall, within a period of two (2) years after
the enactment of this Act, establish an inventory list of all sources of Persistent Organic Pollutants
(POPs) in the country. The Department shall develop short-term and long-term national
government programs on the reduction and elimination of POPs such as dioxins and furans. Such
programs shall be formulated within a year after the establishment of the inventory list.
SEC. 33. Radioactive Emissions.- All projects which will involve the use of atomic and/or nuclear
energy, and will entail release and emission of radioactive substances into the environment, incident
to the establishment or possession of nuclear energy facilities and radioactive materials, handling,
transport, production, storage, and use of radioactive materials, shall be regulated in the interest of
public health and welfare by the Philippine
Nuclear Research Institute (PNRI), in coordination with Department and other appropriate
government
agencies.
Chapter 4
Institutional Mechanism
SEC. 34. Lead Agency.- The Department, unless otherwise provided herein, shall be the primary
government agency responsible for the implementation and enforcement of this Act. To be more
effective in this regard, The Department’s Environmental Management Bureau (EMB) shall be
converted from a staff bureau to a line bureau for a period of no more than two (2) years, unless a
separate, comprehensive environmental management agency is created.
SEC. 35. Linkage Mechanism.- The Department shall consult, participate, cooperate and enter into
agreement with other government agencies, or with affected non-governmental (NGOs) or people’s
organizations (POs),or private enterprises in the furtherance of the objectives of this Act.
SEC. 36. Role of Local Government Units.- Local Government Units (LGUs) shall share the
responsibility in the management and maintenance of air quality within their territorial
jurisdiction. Consistent with Sections 7, 8 and 9 of this Act, LGUs shall implement air quality
standards set by the Board in areas within their jurisdiction; Provided, however, That in case where
the board has not been duly constituted and has not promulgated its standards, the standards set
forth in this Act shall apply.
The Department shall provide the LGUs with technical assistance, trainings and a continuing
capability-building program to prepare them to undertake full administration of the air quality
management and regulation within their territorial jurisdiction.
SEC. 37. Environmental and Natural Resources Office.- There may be established an Environment
and Natural Resources Office in every province, city, or municipality which shall be headed by the
environment and natural resources officer and shall be appointed by the Chief Executive of every
province, city or municipality in accordance with the provisions of Section 484 of Republic Act No.
7160. Its powers and duties, among others, are:chanroblesvirtuallawlibrary
a) To prepare comprehensive air quality management programs, plans and strategies within the
limits set forth in Republic act. No. 7160 and this Act which shall be implemented within its
territorial jurisdiction upon the approval of the sanggunian;
b) To provide technical assistance and support to the governor or mayor, as the case may be, in
carrying out measures to ensure the delivery of basic services and the provision of adequate facilities
relative to air quality;
c) To take the lead in all efforts concerning air quality protection and rehabilitation;
d) To recommend to the Board air quality standards which shall not exceed the maximum
permissible standards set by rational laws;
e) To coordinate with other government agencies and non-governmental organizations in the
implementation of measures to prevent and control air pollution; and
f) Exercise such other powers and perform such duties and functions as may be prescribed by law
or ordinance: Provided, however, That in provinces/cities/municipalities where there are no
environment and natural resources officers, the local executive concerned may designate any of his
official and/or chief of office preferably the provincial, city or municipal agriculturist, or any of his
employee: Provided, finally, That in case an employee is designated as such, he must have sufficient
experience in environmental and natural resources management, conservation and utilization.
SEC. 38. Record-keeping, Inspection, Monitoring and Entry by the Department.- The Department or
its duly accredited entity shall, after proper consultation and notice, require any person who owns
or operates any emissions source or who is subject to any requirement of this Act
to:chanroblesvirtuallawlibrary
(a) establish and maintain relevant records;
(b) make relevant reports;
(c) install, use and maintain monitoring equipment or methods;
(d) sample emission, in accordance with the methods, locations, intervals and manner prescribed by
the Department;
(e) keep records on control equipment parameters, production variables or other indirect data when
direct monitoring of emissions is impractical; and
(f) provide such other information as the Department may reasonably require.
Pursuant to this Act, the Department, through its authorized representatives, shall have the right
of:chanroblesvirtuallawlibrary
(a) entry or access to any premises including documents and relevant materials as referred to in the
herein preceding paragraph;
(b) inspect any pollution or waste source, control device, monitoring equipment or method required;
and
(c) test any emission.
Any record, report or information obtained under this section shall be made available to the public,
except upon a satisfactory showing to the Department by the entity concerned that the record,
report or information, or parts thereof, if made public, would divulge secret methods or processes
entitled to protection as intellectual property. Such record, report or information shall likewise be
incorporated in the Department’s industrial rating system.chanrobles virtualawlibrary
SEC. 39. Public Education and Information Campaign.- A continuing air quality information and
education campaign shall promoted by the Department, the Department of Education, Culture and
Sports (DECS), the Department of the Interior and Local Government (DILG), the Department of
Agriculture (DA) and the Philippine Information Agency (PIA). Consistent with Sec. 7 of this Act,
such campaign shall encourage the participation of other government agencies and the private
sector including NGOs, POs, the academe, environmental groups and other private entities in a
multi-sectoral information campaign.
Chapter 5
Actions
SEC. 40. Administrative Action.- Without prejudice to the right of any affected person to file an
administrative action, the Department shall, on its own instance or upon verified complaint by any
person, institute administrative proceedings against any person who
violates:chanroblesvirtuallawlibrary
(a) Standards or limitation provided under this Act; or
(b) Any order, rule or regulation issued by the Department with respect to such standard or
limitation.
SEC. 41. Citizen Suits.- For purposes of enforcing the provisions of this Act or its implementing rules
and regulations, any citizen may file an appropriate civil, criminal or administrative action in the
proper courts against:chanroblesvirtuallawlibrary
(a) Any person who violates or fails to comply with the provisions of this Act or its implementing
rules and regulations; or
(b) The Department or other implementing agencies with respect to orders, rules and regulations
issued inconsistent with this Act; and/or
(c) Any public officer who willfully or grossly neglects the performance of an act specifically enjoined
as a duty by this Act or its implementing rules and regulations; or abuses his authority in the
performance of his duty; or, in any manner, improperly performs his duties under this Act or its
implementing rules and regulations:chanroblesvirtuallawlibrary Provided, however, That no suit
can be filed until thirty-day (30) notice has been taken thereon.
The court shall exempt such action from the payment of filing fees, except fees for actions not capable
of pecuniary estimations, and shall likewise, upon prima facie showing of the non-enforcement or
violation complained of, exempt the plaintiff from the filing of an injunction bond for the issuance
of a preliminary injunction.chanrobles virtualawlibrary
Within thirty (30) days, the court shall make a determination if the compliant herein is malicious
and/or baseless and shall accordingly dismiss the action and award attorney’s fees and damages.
SEC. 42. Independence of Action.- The filing of an administrative suit against such person/entity does
not preclude the right of any other person to file any criminal or civil action. Such civil action shall
proceed independently.
SEC. 43. Suits and Strategic Legal Actions Against Public Participation and the Enforcement of This
Act.- Where a suit is brought against a person who filed an action as provided in Sec. 41 of this Act,
or against any person, institution or government agency that implements this Act, it shall be the
duty of the investigating prosecutor or the court, as the case may be, to immediately make a
determination not exceeding thirty (30) days whether said legal action has been filed to harass, vex,
exert undue pressure or stifle such legal recourses of the person complaining of or enforcing the
provisions of this Act. Upon determination thereof, evidence warranting the same, the court shall
dismiss the case and award attorney’s fees and double damages.
This provision shall also apply and benefit public officers who are sued for acts committed in their
official capacity, their being no grave abuse of authority, and done in the course of enforcing this
Act.
SEC. 44. Lien Upon Personal and Immovable Properties of Violators.- Fines and penalties imposed
pursuant to this Act shall be liens upon personal or immovable properties of the violator. Such lien
shall, in case of insolvency of the respondent violator, enjoy preference to laborer’s wages under
Articles 2241 and 2242 of Republic Act No. 386, otherwise known as the New Civil Code of the
Philippines.
Chapter 6
Fines and Penalties
SEC. 45. Violation of Standards for Stationary Sources.- For actual exceedance of any pollution or air
quality standards under this Act or its rules and regulations, the Department, through the Pollution
Adjudication Board (PAB), shall impose a fine of not more than One hundred thousand pesos
(P100,000.00) for every day of violation against the owner or operator of a stationary source until
such time that the standards have been complied with.
For purposes of the application of the fines, the PAB shall prepare a fine rating system to adjust the
maximum fine based on the violator’s ability to pay, degree of willfulness, degree of negligence,
history of non-compliance and degree of recalcitrance: Provided, That in case of negligence, the first
time offender’s ability to pay may likewise be considered by the Pollution Adjudication Board:
Provided, further, That in the absence of any extenuating or aggravating circumstances, the amount
of fine for negligence shall be equivalent to one-half of
the fine for willful violation.
The fines herein prescribed shall be increased by at least ten percent (10%), every three (3) years
to compensate for inflation and to maintain the deterrent function of such fines.
In addition to the fines, the PAB shall order closure, suspension of development, construction, or
operations of the stationary sources until such time that proper environmental safeguards are put
in place: Provided, That an establishment liable for a third offense shall suffer permanent closure
immediately. This paragraph shall be without prejudice to the immediate issuance of an ex parte
order for such closure, suspension of development or construction, or cessation of operations during
the pendency of the case upon prima facie evidence that their is imminent threat to life, public
health, safety or general welfare, or to plant or animal life, or whenever there is an exceedance of
the emission standards set by the Department and/or the Board and/or the appropriate LGU.
SEC. 46. Violation of Standards for Motor Vehicles.- No motor vehicle shall be registered with the
DOTC unless it meets the emission standards set by the Department as provided in Sec. 21 hereof.
Any vehicle suspected of violation of emission standards through visual signs, such as, but not limited
to smoke-belching, shall be subjected to an emission test by a duly authorized emission testing
center. For this purpose, the DOTC or its authorized testing center shall establish a roadside
inspection system. Should it be shown that there was no violation of emission standards, the vehicle
shall be immediately released. Otherwise, a testing result indicating an exceedance of the emission
standards would warrant the continuing custody of the impounded vehicle unless the appropriate
penalties are fully paid, and the license plate is surrendered to
the DOTC pending the fulfillment of the undertaking by the owner/operator of the motor vehicle to
make the necessary repairs so as to comply with the standards. A pass shall herein be issued by the
DOTC to authorize the use of the motor vehicle within a specified period that shall not exceed seven
(7) days for the sole purpose of making the necessary repairs on the said vehicle. The owner/operator
of the vehicle shall be required to correct its defects and show proof of compliance to the appropriate
pollution control office before the vehicle can be allowed to be driven on any public or subdivision
roads.
In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on pollution
control management conducted by the DOTC and shall also suffer the following
penalties:chanroblesvirtuallawlibrary
a) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00);
b) Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and not to exceed Four
Thousand Pesos (P4,000.00); and
c) Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not
less than Four Thousand Pesos (P4,000.00) and not more than Six thousand pesos (P6,000.00).
Any violation of the provisions of Sec. 21 paragraph (d) with regard to national inspection and
maintenance program, including technicians and facility compliance shall penalized with a fine of
not less than Thirty Thousand Pesos (P30,000.00) or cancellation of license of both the technician
and the center, or both, as determined by the DTI.chanrobles virtualawlibrary
All law enforcement officials and deputized agents accredited to conduct vehicle emissions testing
and apprehensions shall undergo a mandatory training on emission standards and regulations. For
this purpose, the Department, together with the DOTC, DTI, DOST, Philippine National Police
(PNP) and other concerned agencies and private entities shall design a training program.
SEC. 47. Fines and Penalties for Violations of Other Provisions in the Act.- For violations of all other
provisions provided in this Act and of the rules and regulations thereof, a fine of not less than Ten
thousand pesos (P10,000) but not more than One Hundred thousand Pesos (P100,000) or six (6)
months to six (6) years imprisonment or both shall be imposed. If the offender is a juridical person,
the president, manager, directors, trustees, the pollution control officer or the officials directly in
charge of the operations shall suffer the penalty herein provided.
SEC. 48. Gross Violations.- In case of gross violation of this Act or its implementing rules and
regulations, the PAB shall recommend to the proper government agencies to file the appropriate
criminal charges against the violators. The PAB shall assist the public prosecutor in the litigation of
the case. Gross violation shall mean:chanroblesvirtuallawlibrary
[a] three (3) or more specific offenses within a period of one (1) year;
[b] three (3) or more specific offenses with
three (3) consecutive years;
[c] blatant disregard of the orders of the PAB, such s but not limited to the breaking of seal, padlocks
and other similar devices, or operation despite the existence of an order for closure, discontinuance
or cessation of operation; and
[d] irreparable or grave damage to the environment as a consequence of any violation of the
provisions of this Act.
Offenders shall be punished with imprisonment of not less than six (6) years but not more than ten
(10) years at the discretion of the court. If the offender is a juridical person, the president, manager,
directors, trustees, the pollution control officer or the officials directly in charge of the operations
shall suffer the penalty herein provided.cralaw.
 Chapter 7
Final Provisions
SEC. 49. Potential Loss or Shifts of Employment.- The Secretary of Labor is hereby authorized to
establish a compensation, retraining and relocation program to assist workers laid off due to a
company’s compliance with the provisions of this Act.
SEC. 50. Appropriations.- An amount of Seven Hundred Fifty Million Pesos (P750,000,000.00) shall
be appropriated for the initial implementation of this Act, of which, the amount of Three Hundred
Million Pesos (P300,000,000.00) shall be appropriated to the Department; Two Hundred Million
Pesos (P200,000,000.00) to the DTI; One Hundred Fifty Million Pesos (P150,000,000.00) to the
DOTC; and One Hundred Million Pesos (P100,000,000.00) to the DOE.
Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be included
in the General Appropriations Act.
SEC. 51. Implementing Rules and Regulations.- The Department, in coordination with the
Committees on Environment and Ecology of the Senate and House of Representatives, respectively
and other agencies, shall promulgate the implementing rules and regulations for this Act, within
one (1) year after the enactment of this Act: Provided, That rules and regulations issued by other
government agencies and instrumentalities for the prevention and/or abatement of pollution not
inconsistent with this Act shall supplement the rules and regulations issued by the Department
pursuant to the provisions of this Act.
SEC. 52. Report to Congress.- The Department shall report to Congress, not later than March 30 of
every year following the approval of this Act, the progress of the pollution control efforts and make
the necessary recommendations in areas where there is need for legislative action.
SEC. 53. Joint Congressional Oversight Committee.- There is hereby created a joint congressional
oversight committee to monitor the implementation of this Act. The committee shall be composed of
five (5) senators and five (5) representatives to be appointed by the Senate President and the Speaker
of the House of Representatives, respectively, the oversight committee shall be co-chaired by a
senator and a representative designated by the Senate President and the Speaker of the House of
Representatives, respectively.
The mandate given to the joint congressional oversight committee under this Act shall be without
prejudice to the performance of the duties and functions by the respective existing oversight
committees of the Senate and the House of Representatives.
SEC. 54. Separability of Provisions.- If any provision of this Act or the application of such provision
to any person or circumstances is declared unconstitutional, the remainder of the Act or the
application of such provision to other person or circumstances shall not be affected by such
declaration.
SEC. 55. Repealing Clause.- Presidential Decree No. 1181 is hereby repealed. Presidential Decrees
Nos. 1152, 1586 and Presidential Decree No. 984 are partly modified. All other laws, orders,
issuance, rules and regulations inconsistent herewith are hereby repealed or modified accordingly.
SEC. 56. Effectivity.- This Act shall take effect fifteen (15) days from the date of its publication in the
Official Gazette or in at least two (2) newspapers of general circulation.ch
anrobles virtualawlibrary

Republic of the Philippines

Congress of the Philippines
Metro Manila

Twelfth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand three.

Republic Act No. 9275 March 22, 2004

AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR

OTHER PURPOSES

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

CHAPTER 1
GENERAL PROVISIONS

ARTICLE 1
DECLARATION OF PRINCIPLES AND POLICIES

SECTION 1. Short Title. - This Act shall be known as the "Philippine Clean Water Act of 2004."

SECTION 2. Declaration of Policy. - The State shall pursue a policy of economic growth in a manner
consistent with the protection, preservation and revival of the quality of our fresh, brackish and marine waters.
To achieve this end, the framework for sustainable development shall be pursued. As such, it shall be the
policy of the State:

a) To streamline processes and procedures in the prevention, control and abatement of pollution of the
country's water resources;

b) To promote environmental strategies, use of appropriate economic instruments and of control

mechanisms for the protection of water resources;

c) To formulate a holistic national program of water quality management that recognizes that water
quality management issues cannot be separated from concerns about water sources and ecological
protection, water supply, public health and quality of life;

d) To formulate an integrated water quality management framework through proper delegation and
effective coordination of functions and activities;
 e) promote commercial and industrial processes and products that are environment friendly and energy
efficient;

f) To encourage cooperation and self-regulation among citizens and industries through the application
of incentives and market-based instruments and to promote the role of private industrial enterprises in
shaping its regulatory profile within the acceptable boundaries of public health and environment;

g) To provide for a comprehensive management program for water pollution focusing on pollution
prevention;

h) To promote public information and education and to encourage the participation of an informed and
active public in water quality management and monitoring;

i) To formulate and enforce a system of accountability for short and long-term adverse environmental
impact of a project, program or activity; and

j) To encourage civil society and other sectors, particularly labor, the academe and business
undertaking environment-related activities in their efforts to organize, educate and motivate the people
in addressing pertinent environmental issues and problems at the local and national levels.

SECTION 3. Coverage of the Act. - This Act shall 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.

ARTICLE 2
DEFINITION OF TERMS

SECTION 4. Definition of Terms. - As used in this Act:

a) Aquifer - means a layer of water-bearing rock located underground that transmits water in sufficient
quantity to supply pumping wells or natural springs.

b) Aquatic life - means all organisms living in freshwater, brackish and marine environment.

c) Beneficial use - means the use of the environment or any element or segment thereof conducive to
public or private welfare, safety and health; and shall include, but not be limited to, the use of water
for domestic, municipal, irrigation, power generation, fisheries, livestock raising, industrial,
recreational and other purposes.

1. Use of water for domestic purposes - means the utilization of water for drinking, washing,
bathing, cooking or other household needs, home gardens and watering of lawns or domestic
animals;

2. Use of water for municipal purposes - means the utilization of water for supplying water
requirements of the community;

3. Use of water for irrigation - means the utilization of water for producing agricultural crops;

4. Use of water for power generation - means the utilization of water for producing electrical
or mechanical power;
 5. Use of water for fisheries - means the utilization of water for the propagation of culture of
fish as a commercial enterprise;

6. Use of water for livestock raising - means the utilization of water for large herds or flocks
of animals raised as a commercial enterprise;

7. Use of water for industrial purposes - means the utilization of water in factories, industrial
plants and mines, including the use of water as an ingredient of a finished product; and

8. Use of water for recreational purposes - means the utilization of water for swimming pools,
bath houses, boating, water skiing, golf courses and other similar facilities in resorts and other
places of recreation.

d) Classification/Reclassification of Philippine Waters - means the categorization of all water bodies

taking into account, among others, the following: (1) existing quality of the body of water; (2) size,
depth, surface area covered, volume, direction, rate of flow and gradient of stream; (3) most beneficial
existing and future use of said bodies of water and lands bordering them, such as for residential,
agricultural, aquacultural, commercial, industrial, navigational, recreational, wildlife conservation and
aesthetic purposes; and (4) vulnerability of surface and groundwater to contamination from pollutive
and hazardous wastes, agricultural chemicals and underground storage tanks of petroleum products.

e) Civil Society - means non-government organizations (NGOs) and people's organizations (POs).

f) Cleaner Production - means the application of an integrated, preventive environmental strategy to

processes, products, services to increase efficiency and reduce risk to humans and the environment;

g) Clean-up operations - means activities involving the removal of pollutants discharged or spilled
into a water body and its surrounding areas, and the restoration of the affected areas to their former
physical, chemical and biological state or conditions.

h) Contamination - means the production of substances not found in the natural composition of water
that make the water less desirable or unfit desirable or unfit for intended use.

i) Department - means the Department of Environment and Natural Resources.

j) Discharge includes, but is not limited to, the act of spilling, leaking, pumping, pouring, emitting,
emptying, releasing or dumping of any material into a water body or onto land from which it might
flow or drain into said water.

k) Drinking water- means water intended for human consumption or for use in food preparation.

l) Dumping - means any unauthorized or illegal disposal into any body of water or land of wastes or
toxic or hazardous material: Provided, That it does not mean a release of effluent coming from
commercial, industrial, and domestic sources which are within the effluent standards.

m) Effluent - means discharge from known sources which is passed into a body of water or land, or
wastewater flowing out of a manufacturing plant, industrial plant including domestic, commercial and
recreational facilities.
n) Effluent standard - means any legal restriction or limitation on quantities, rates, and/or
concentrations or any combination thereof, of physical, chemical or biological parameters of effluent
which a person or point source is allowed to discharge into a body of water or land.

o) Environmental management - means the entire system which includes, but is not limited to,
conservation, regulation and minimization of pollution, clean production, waste management,
environmental law and policy, environmental education and information, study and mitigation of the
environmental impacts of human activity, and environmental research.

p) Environmental management system - means the part of the overall management system that
includes organizational structure, planning activities, responsibilities, practices, procedures, processes
and resources for developing, implementing, achieving, reviewing and maintaining the environment
policy.

q) Freshwater - means water containing less than 500 ppm dissolved common salt, sodium chloride,
such as that in groundwater, rivers, ponds and lakes.

r) Groundwater - means a subsurface water that occurs beneath a water table in soils and rocks, or in
geological formations.

s) Groundwater vulnerability - means relative ease with which a contaminant located at or near the
land surface can migrate to the aquifer or deep well.

t) Groundwater vulnerability map - means the identified areas of the land surface where groundwater
quality is most at risk from human activities and shall reflect the different degrees of groundwater
vulnerability based on a range of soil properties and hydro geological criteria to serve as guide in the
protection of the groundwater from contamination.

u) Hazardous waste - means any waste or combination of wastes of solid liquid, contained gaseous, or
semi-solid form which cause, of contribute to, an increase in mortality or an increase in serious
irreversible, or incapacitating reversible illness, taking into account toxicity of such waste, its
persistence and degradability in nature, its potential for accumulation or concentration in tissue, and
other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health
of persons or organism.

v) Industrial waste - means any solid, semi-solid or liquid waste material with no commercial value
released by a manufacturing or processing plant other than excluded material.

w) Integrated Water Quality Management Framework - means the policy guideline integrating all the
existing frameworks prepared by all government agencies contain the following; water quality goals
and targets; (b) period of compliance; (c) water pollution control strategies and techniques; (d) water
quality information and education program; (e) human resources development program.

x) Margin - means a landward and outer limiting edge adjacent to the border of any water bodies or a
limit beyond where beyond where saturation zone ceases to exist.

y) National Water Quality Status Report - means a report to be prepared by the Department indicating:
a) the location of water bodies, their quality, taking into account seasonal, tidal and others variations,
existing and potential uses and sources of pollution per specific pollutant and pollution load
assessment; b) water quality management areas pursuant to Section 5 of this Act; c) and water
classification.
z) Non-point source - means any source of pollution not identifiable as point source to include, but not
be limited to, runoff from irrigation or rainwater, which picks up pollutants from farms and urban
areas.

aa) Point source - means any identifiable source of pollution with specific point of discharge into a
particular water body.

bb) Pollutant- shall refer to any substance, whether solid, liquid, gaseous or radioactive, which directly
or indirectly:

(i) alters the quality of any segment of the receiving water body to affect or tend to affect
adversely any beneficial use thereof;

(ii) is hazardous or potential hazardous to health;

(iii) imparts objectionable odor, temperature change, or physical, chemical or biological

change to any segment of the water body; or

(iv) is in excess of the allowable limits, concentrations, or quality standards specified, or in

contravention of the condition, limitation or restriction prescribed in this Act.

cc) Pollution control technology- means pollution control devices or apparatus, processes, or other
means that effectively prevent control or reduce pollution of water caused by effluents and other
discharges, from any point source at levels within the water pollution standards.

dd) Potentially infectious medical waste- include isolation wastes, infectious agents, human blood and
blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, and
other disposable medical equipment and material that may pose a risk to the public health, welfare or
the marine environment.

ee) Secretary - means the Secretary of the Department of Environmental and Natural Resources
(DENR).

ff) Septage - means the sludge produced on individual onsite wastewater disposal systems, principally
septic tanks and cesspools.

gg) Sewage - means water-borne human or animal wastes, excluding oil or oil wastes, removed from
residences, building, institutions, industrial and commercial establishments together with such
groundwater, surface water and storm water as maybe present including such waste from vessels,
offshore structures, other receptacles intended to receive or retain waste or other places or the
combination thereof.

hh) Sewerage - includes, but is not limited to, any system or network of pipelines, ditches, channels,
or conduits including pumping stations, lift stations and force mains, service connections including
other constructions, devices, and appliances appurtenant thereto, which includes the collection,
transport, pumping and treatment of sewage to a point of disposal.

ii) Sludge - means any solid, semi-solid or liquid waste or residue generated from a wastewater
treatment plant, water supply treatment plant, or water control pollution facility, or any other such
waste having similar characteristics and effects.
 jj) Surface water - means all water, which is open to the atmosphere and subject to surface runoff.

kk) Treatment - means any method, technique, or process designed to alter the physical, chemical or
biological and radiological character or composition of any waste or wastewater to reduce or prevent
pollution.

ll) Toxic amount - means the lowest amount of concentration of toxic pollutants, which may cause
chronic or long-term acute or lethal conditions or effects to the aquatic life, or health of persons or
which may adversely affect designated water uses.

mm) Waste - means any material either solid, liquid, semisolid, contained gas or other forms resulting
industrial, commercial, mining or agricultural operations, or from community and household activities
that is devoid of usage and discarded.

nn) Wastewater - means waste in liquid state containing pollutants.

oo) Water body - means both natural and man-made bodies of fresh, brackish, and saline waters, and
includes, but is not limited to, aquifers, groundwater, springs, creeks, streams, rivers, ponds, lagoons,
water reservoirs, lakes, bays, estuarine, coastal and marine waters. Water bodies do not refer to those
constructed, developed and used purposely as water treatment facilities and / or water storage for
recycling and re-use which are integral to process industry or manufacturing.

pp) Water Pollution - means any alteration of the physical, chemical, biological, or radiological
properties of a water body resulting in the impairment of its purity or quality.

qq) Water Quality - means the characteristics of water, which define its use in characteristics by terms
of physical, chemical, biological, bacteriological or radiological characteristics by which the
acceptability of water is evaluated.

rr) Water quality guidelines - means the level for a water constituent or numerical values of physical,
chemical, biological and bacteriological or radiological parameters which are used to classify water
resources and their use, which does not result in significant health risk and which are not intended for
direct enforcement but only for water quality management purposes, such as determining time trends,
evaluating stages of deterioration or enhancement of the water quality, and as basis for taking positive
action in preventing, controlling or abating water pollution.

ss) Water Quality Management Area Action Plan - includes, but not be limited to, the following: (a)
goals and targets including sewerage or septage program, (b) schedule of compliance to meet the
applicable requirements of this Act; (c) water pollution control strategies or techniques; (d) water
quality information and education program; e) resource requirement and possible sources; f)
enforcement procedures of the plan and (g) rewards and incentives under Chapter 4 of this Act.

CHAPTER 2
WATER QUALITY MANAGEMENT SYSTEM

ARTICLE 1
GENERAL PROVISIONS

SECTION 5. Water Quality Management Area. - The Department, in coordination with National Water
Resources Board (NWRB), shall designate certain areas as water quality management areas using appropriate
physiographic units such as watershed, river basins or water resources regions. Said management areas shall
have similar hydrological, hydrogeological, meteorological or geographic conditions which affect the
physicochemical, biological and bacteriological reactions and diffusions of pollutants in the water bodies, or
otherwise share common interest or face similar development programs, prospects or problems.

Said management area shall be governed by a governing board composed of representatives of mayors and
governors of member local government units (LGUs), and representatives of relevant national government
agencies, duly registered non-governmental organization, water utility sector, and business sector. The
Department representative shall chair the governing board. In the case of the LGUs with memberships on more
than one (1) management board, the LGU shall designate only one (1) single representative for all the
management areas wherein is a member.

The governing board shall formulate strategies to coordinate policies necessary for the effective
implementation of this Act in accordance with those established in the framework and monitor the compliance
with the action plan.

Each management area shall create a multi-sectoral group to establish and affect water quality surveillance and
monitoring network including sampling schedules and other similar activities. The group shall submit its report
and recommendation to the chairman of the governing board.

A technical secretariat for each management area is hereby created which shall be part of the department and
shall provide technical support to the governing board. They shall be composed of at least four (4) members
who shall have the following minimum qualifications:

a) One (1) member shall be a member of the Philippines Bar;

b) One (1) member shall be a Chemical Engineer, Chemist, Sanitary Engineer, Environmental
Engineer or Ecologist or significant training and experience in chemistry;

c) One (1) member shall be a Civil Engineer or Hydrologist or Significant training and experience in
closely related fields and experience on ground water, respectively; and

d) One (1) member shall be a Geologist, Biologist, or significant training and experience in closely
related fields.

The areas within the jurisdiction of the Laguna Lake Development Authority (LLDA) shall be designated as
one management area under the administration of LLDA in accordance with R.A. No. 4850, as amended:
Provided, However, That the standards promulgated pursuant to this Act and wastewater charge system
established pursuant hereof shall be enforced in said area.

SECTION 6. Management of Non-attainment Areas. - The Department shall designate water bodies, or
portions thereof, where specific pollutants from either natural or man-made source have already exceeded
water quality guidelines as non-attainment areas for the exceeded pollutants. It shall prepare and implement a
program that will not allow new sources of exceeded water pollutant in non-attainment areas without a
corresponding reduction in discharges from existing sources; Provided, That if the pollutant is naturally
occurring, e.g. naturally high boron and other elements in geothermal areas, discharge of such pollutant may be
allowed: Provided, further, That the effluent concentration of discharge shall not exceed the naturally
occurring level of such pollutant in the area: Provided, Finally, That the effluent concentration and volume of
discharge shall not adversely affect water supply, public health and ecological protection.

The Department shall, in coordination with NWRB, Department of Health (DOH), Department of Agriculture
(DA), governing board and other concerned government agencies and private sectors shall take such measures
as may be necessary to upgrade the quality of such water in non-attainment areas to meet the standards under
which it has been classified.

Upgrading of water quality shall likewise include undertakings, which shall improve the water quality of a
water body to a classification that will meet its projected or potential use.

The LGUs shall prepare and implement contingency plans and other measures including relocation, whenever
necessary, for the protection of health and welfare of the residents within potentially affected areas.

SECTION 7. National Sewerage and Septage Management Program. - The Department of Public Works and
Highways (DPWH), through its relevant attached agencies, in coordination with the Department, local
government units (LGUs) and other concerned agencies, shall, as soon as possible, but in no case exceeding a
period of twelve (12) months from the affectivity of this Act, prepare a national program on sewerage and
septage management in connection with Section 8 hereof.

Such program shall include a priority listing of sewerage, septage and combined sewerage-septage projects for
LGUs based on population density and growth, degradation of water resources, topography, geology,
vegetation, program/projects for the rehabilitation of existing facilities and such other factors that the Secretary
may deem relevant to the protection of water quality. On the basis of such national listing, the national
government may allot, on an annual basis, funds for the construction and rehabilitation of required facilities.

Each LGU shall appropriate the necessary land, including the required rights-of-way/road access to the land
for the construction of the sewage and/or septage treatment facilities.

Each LGU may raise funds to subsidize necessary expenses for the operation and maintenance of sewerage
treatment or septage facility servicing their area of jurisdiction through local property taxes and enforcement of
a service fee system.

SECTION 8. Domestic Sewage Collection, Treatment and Disposal. - Within five (5) years following the
effectivity of this Act, the Agency vested to provide water supply and sewerage facilities and/or
concessionaires in Metro Manila and other highly urbanized cities (HUCs) as defined in Republic Act No.
7160, in coordination with LGUs, shall be required to connect the existing sewage line found in all
subdivisions, condominiums, commercial centers, hotels, sports and recreational facilities, hospitals, market
places, public buildings, industrial complex and other similar establishments including households to available
sewerage system. Provided, That the said connection shall be subject to sewerage services charge/fees in
accordance with existing laws, rules or regulations unless the sources had already utilized their own sewerage
system: Provided, further, That all sources of sewage and septage shall comply with the requirements herein.

In areas not considered as HUCs, the DPWH in coordination with the Department, DOH and other concerned
agencies, shall employ septage or combined sewerage-septage management system.

For the purpose of this section, the DOH, coordination with other government agencies, shall formulate
guidelines and standards for the collection, treatment and disposal of sewage including guidelines for the
establishment and operation of centralized sewage treatment system.

SECTION 9. National Water Quality Management Fund. - A water quality management fund, to be
administered by the Department, in coordination with other concerned agencies, as a special account in the
National Treasury is hereby established. The fund shall be used to finance the following:

a) Finance containment and clean-up operations of the government in water pollution cases;
 b) Guarantee restoration of ecosystems and rehabilitation of affected areas;

c) Support research, enforcement and monitoring activities;

d) Provide technical assistance to the implementing agencies;

e) Grant rewards and incentives;

f) Support information and educational campaign; and

g) Such other disbursements made solely for the prevention, control or abatement of water pollution
and management and administration of the management areas in the amounts authorized by the
Department.

The fines imposed and damages awarded to the government by the Pollution Adjudication Board (PAB),
proceeds of permits issued by the Department under this Act, donations, endowments and grants in the form of
contributions to the national government under this Act shall form part of the fund. Such donations,
endowments and grants shall be exempt from donor's taxes and all other taxes, charges or fees imposed by the
government and shall be deductible from the gross income of the donor for income tax purposes.

Disbursements from the fund shall be subject to the usual accounting and budgeting rules and regulations.

SECTION 10. The Area Water Quality Management Fund. - The area water quality management fund is
hereby established for the maintenance and upkeep of the water bodies in a water quality management area.
The fund shall be utilized for the grant of rewards and incentives for entities whose effluent discharges are
better than the water quality criteria of the target classification of the receiving body of water, loans for
acquisitions and repairs of facilities to reduce quantity and improve quality of wastewater discharges, and
regular maintenance of the water bodies within the management area.

An amount of not more than ten percent (10%) of the total amount accruing to the funds annually shall be
allocated for the operational expenses of the governing board, its secretariat and multi-sectoral water quality
surveillance and monitoring network.

This fund shall initially be sourced from the fines incurred by the establishments located in rural areas before
the effectivity of this Act. Thereafter, the fees collected under the wastewater charge system established under
Section 13 of this Act, donations, endowments and grants for water quality management of the area shall
accrue to the fund.

Disbursements from the fund shall be subject to the usual accounting and budgeting rules and regulations. This
fund shall be managed by the Board of the corresponding management area.

SECTION 11. Water Quality Variance for Geothermal and Oil and Gas Exploration. - The Department may
provide variance in water quality criteria and standards for geothermal exploration that encounters re-injection
constraints: Provided, That there shall be provision for adequate protection of beneficial use of water bodies,
downstream of the geothermal project: Provided, further, That this provision may be applied to oil and gas
exploration as determined by the Department.

SECTION 12. Categories of Industry Sector. - Within twenty-four (24) months from the effectivity of this
Act, and every two (2) years thereafter, the Department shall, through due public consultation, revise and
publish a list of categories of industry sector for which effluent standards will be provided for each significant
wastewater parameter per industry sector.
The Department shall provide additional classification based on other parameters specifically associated to
discharge of a particular industry which shall be included in the listing of categories prescribed in the
preceding paragraph.

ARTICLE 2
WATER POLLUTION PERMITS AND CHARGES

SECTION 13. Wastewater Charge System. - The Department shall implement a wastewater charge system in
all management areas including the Laguna Lake Region and Regional Industrial Centers through the
collection of wastewater charges/fees. The system shall be established on the basis of payment to the
government for discharging wastewater into the water bodies. Wastewater charges shall be established taking
into consideration the following:

a) To provide strong economic inducement for polluters to modify their production or management
processes or to invest in pollution control technology in order to reduce the amount of water pollutants
generated;

b) To cover the cost of administering water quality management or improvement programs;

c) Reflect damages caused by water pollution on the surrounding environment, including the cost of
rehabilitation;

d) Type of pollutant;

e) Classification of the receiving water body; and

f) Other special attributes of the water body.

The fee shall be based on the net waste load depending on the wastewater, charge formula which shall be
established with due public consultation within six (6) months from the effectivity of this Act: Provided, That
net waste load shall refer to the difference of the initial waste load of the abstracted water and the waste load of
the final effluent discharge of an industry: Provided, further, That no net waste load shall be lower than the
initial waste load: Provided, finally, That wastewater charge system shall not apply to wastewater from
geothermal exploration.

Industries whose water effluent are within standards promulgated pursuant to this Act, shall only be charged
with minimal reasonable amount which shall be determined by the Department after due public consultation,
giving account to volumetric rate of discharge and effluent concentration.

SECTION 14. Discharge Pemits. - The Department shall require owners or operators of facilities that
discharge regulated effluents pursuant to this Act to secure a permit to discharge. The discharge permit shall be
the legal authorization granted by the Department to discharge wastewater: Provided, That the discharge
permit shall specify among others, the quantity and quality of effluent that said facilities are allowed to
discharge into a particular water body, compliance schedule and monitoring requirement.

As part of the permitting procedure, the Department shall encourage the adoption of waste minimization and
waste treatment technologies when such technologies are deemed cost effective. The Department shall also
develop procedures to relate the current water quality guideline or the projected water quality guideline of the
receiving water body/ies with total pollution loadings from various sources, so that effluent quotas can be
properly allocated in the discharge permits. For industries without any discharge permit, they may be given a
period of twelve {12) months after the effectivity of the implementing rules and regulations promulgated
pursuant to this Act, to secure a discharge permit.

Effluent trading may be allowed per management area.

ARTICLE 3
FINANCIAL LIABILITY MECHANISM

SECTION 15. Financial Liability for Environmental Rehabilitation. - The Department shall require program
and project proponents to put up environmental guarantee fund {EGF) as part of the environmental
management plan attached to the environmental compliance certificate pursuant to Presidential Decree
No.1586 and its implementing rules and regulations. The EGF shall finance the maintenance of the health of
the ecosystems and specially the conservation of watersheds and aquifers affected by the development, and the
needs of emergency response, clean-up or rehabilitation of areas that may be damaged during the program's or
project's actual implementation. Liability for damages shall continue even after the termination of a program or
project and, until the lapse of a given period indicated in the environmental compliance certificate, as
determined by the Department. The EGF may be in the form of a trust fund, environmental insurance, surety
bonds, letters of credit, self-insurance and any other instruments which may be identified by the Department.
The choice of the guarantee instrument or combinations thereof shall depend, among others, on the assessment
of the risks involved and financial test mechanisms devised by the Department. Proponents required to put up
guarantee instruments shall furnish the Department with evidence of availment of such instruments from
accredited financial instrument providers.

SECTION 16. Clean-Up Operations. - Notwithstanding the provisions of Sections 15 and 26 hereof, any
person who causes pollution in or pollutes water bodies in excess of the applicable and prevailing standards
shall be responsible to contain, remove and clean-up any pollution incident at his own expense to the extent
that the same water bodies have been rendered unfit for utilization and beneficial use: Provided, That in the
event emergency clean-up operations are necessary and the polluter fails to immediately undertake the same,
the Department, in coordination with other government agencies concerned, shall conduct containment,
removal and clean-up operations. Expenses incurred in said operations shall be reimbursed by the persons
found to have caused such pollution upon proper administrative determination in accordance with this Act.
Reimbursements of the cost incurred shall be made to the Water Quality Management Fund or to such other
funds where said disbursements were sourced.

SECTION 17. Programmatic Environmental Impact Assessment. - The Department shall implement
programmatic compliance with the environmental impact assessment system, as in the following types of
development:

a) development consisting of a series of similar projects, or a project subdivided into several phases
and/or stages whether situated in a contiguous area or geographically dispersed; and

b) development consisting of several components or a cluster of projects co-located in an area such as

an industrial estate, an export processing zone, or a development zone identified in a local land use
plan.

Programmatic compliance with the environmental impact assessment system shall be guided by carrying
capacity assessments determined from ecological profiles. Ecological profiles shall Identify environmental
constraints and opportunities in programmatic areas. Programmatic assessment shall also take into account
cumulative impacts and risks.
Consistent with the provisions of the Local Government Code, the Department may enter into agreement with
LGUs to incorporate programmatic environmental impact assessment into the preparation, updating or revision
of local land use plans and area development plans.

SECTION 18. Environmental Impact Assessment System Programmatic Compliance with Water Quality
Standards. - The. Department may allow each regional industrial center established pursuant to Republic Act
No.7916 (PEZA law) to allocate effluent quotas to pollution sources within its jurisdiction that qualify under
an environmental impact assessment system programmatic compliance program in accordance with
Presidential Decree No. 15867 and its implementing rules and regulations.

CHAPTER 3
INSTITUTIONAL MECHANISM

SECTION 19. Lead Agency. - The Department shall be the primary government agency responsible for the
implementation and enforcement of this Act unless otherwise provided herein. As such, it shall have the
following functions, powers and responsibilities:

a) Prepare a National Water Quality Status Report within twenty-four (24) months from the effectivity
of this Act: Provided, That the Department shall thereafter review or revise and publish annually, or as
the need arises, said report;

b) Prepare an Integrated Water Quality Management Framework within twelve (12) months following
the completion of the status report;

c) Prepare a ten (10) year Water Quality Management Area Action Plan within twelve (12) months
following the completion of the framework for each designated water management area. Such action
plan shall be reviewed by the water quality management area governing board every five (5) years or
as need arises;

d) Prepare and publish a national a national groundwater vulnerability map incorporating the
prevailing standards and methodologies, within twenty four (24) months after the effectivity of this
Act;

e) Enforce, review and revise within twelve (12) months from the effectivity of this Act water quality
guidelines after due consultation with the concerned stakeholder sectors: Provided, That the
Department, in coordination with appropriate agencies shall review said guidelines every five (5)
years or as need arises;

f) Review and set effluent standards every five (5) years from the effectivity of this Act or sooner as
determined by the Department: Provided, That in the interim, the provisions of DENR Administrative
Order No. 35 of the Department shall apply: Provided, further, That when new and more stringent
standards are set in accordance with this section, the Department may establish a grace period with a
maximum of five (5) years: Provided, finally, That such grace period shall be limited to the
moratorium on the issuance of cease and desist and/or closure order against the industry's operations
except in the event such operation poses serious and grave threat to the environment, or the industry
fails to institute retooling, upgrading or establishing an environmental management system (EMS).

g) Establish within twelve (12) months from the effectivity of this Act, internationally-accepted
procedures for sampling and analysis of pollutants and in coordination with other concerned agencies,
formulate testing procedures and establish an accreditation system for laboratories;
 h) Within eighteen (18) months from the effectivity of this Act and every two (2) years thereafter,
categorize point and non-point sources of water pollution;

i) Classify groundwater sources within twelve (12) months from the effectivity of this Act;

j) Classify or reclassify all water bodies according to their beneficial usages: Provided, that in the
interim, the provisions of DENR Administrative Order No.34 shall apply: Provided, further, that such
classification or reclassification shall take into consideration the operation of businesses or facilities
that are existing prior to the effectivity of the Act: Provided, furthermore, that the Department may
authorize the use of the water for other purposes that are more restrictive in classification: Provided,
finally, That discharges resulting from such use shall meet the effluent standards set by the
Department;

k) Exercise jurisdiction over all aspects of water pollution, determine its location, magnitude, extent,
severity, causes, effects and other pertinent information on pollution, and to take measures, using
available methods and technologies to prevent and abate such pollution;

l) Exercise supervision and control over all aspects of water quality management;

m) Establish a cooperative effort in partnership with the government, LGUs, academic institutions,
civil society and the private sector to attain the objectives of this Act;

n) Disseminate information and conduct educational awareness and value formation programs and
campaigns on the effects of water pollution on health and environment, water quality management,
and resource conservation and recovery to encourage an environmentally action-oriented society in
coordination with government agencies identified in Section 22 (f);

o) Promote. and encourage private and business sectors especially manufacturing and processing
plants the use of water quality management systems equipment, including but not limited to, industrial
wastewater treatment collection and treatment facilities;

p) Report, on an annual basis, to Congress the, quality status of water bodies and other pertinent
information and recommend possible legislation, policies and programs for environmental
management and water pollution control;

q) Issue rules and regulations for the effective implementation of the provisions of this Act;

r) Issue orders against any person or entity and impose fines, penalties and other administrative
sanctions to compel compliance with water quality the provisions of this Act;

s) Undertake appropriate protocol with other concerned agencies for immediate coordinated responses
to water related emergency incidents;

t) Issue permits, clearances and similar instruments pursuant to this Act; and

u) Exercise such powers and perform such other functions as may be necessary to carry out the
objectives of this Act

The Department shall gradually devolve to the LGUs, and to the governing boards the authority to administer
some aspects of water quality management and regulation, including, but not to be limited to, permit issuance,
monitoring and imposition of administrative penalties, when, upon the Department's determination, the LGU
or the governing board has demonstrated readiness and technical capability to undertake such functions.

SECTION 20. Role of Local Government Units. - Local government units shall share the responsibility in the
management and improvement of water quality within their territorial jurisdictions.

Each local government unit shall within six (6) months after the establishment of the water quality
management area action plan prepare a compliance scheme in, accordance thereof, subject to review and
approval of the governing board.

Each local government unit shall, through its Environment and Natural Resources Office (ENRO) established
in Republic Act No.7160, have the following powers and functions:

a) Monitoring of water quality;

b) Emergency response;

c) Compliance with the framework of the Water Quality Management Action Plan;

d) To take active participation in all efforts concerning water quality protection and rehabilitation; and

e) To coordinate with other government agencies and civil society and the concerned sectors in the
implementation of measures to prevent and control water pollution: Provided, however, That in
provinces/cities/municipalities where there are no environment and natural resources officers, the
local executive concerned may, with the approval of the Secretary of the DENR designate any of his
official and/or chief of office preferably the provincial, city or municipal agriculturist, or any of his
employee: Provided, finally, That in case an employee is designated as such, he must have sufficient
experience in environmental and natural resources management, conservation and utilization.

SECTION 21. Business and Industry Role in Environmental Management. - The Department and the
LGUs, in coordination with the appropriate government agencies. and in consultation with the business and
industrial sectors including commerce, shall formulate appropriate incentives for the adoption procedures that
will preserve and protect our water bodies through the introduction of innovative equipment and processes that
reduce if totally eliminate discharge of pollutants into our water bodies.

SECTION 22. Linkage Mechanism. - The Department and its concerned attached agencies including LLDA
shall coordinate and enter into agreement with other government agencies, industrial sector and other
concerned sectors in the furtherance of the objectives of this Act- The following agencies shall perform tile
functions specified hereunder:

a) Philippine Coast Guard in coordination with DA and the Department shall enforce for the
enforcement of water quality standards in marine waters, set pursuant to this Act, specifically from
offshore sources;

b) DPWH through its attached agencies, such as the MWSS, LWUA, and including other urban water
utilities for the provision or sewerage and sanitation facilities and the efficient and safe collection,
treatment and disposal of sewage within their area of jurisdiction;

c) DA, shall coordinate with the Department, in the formulation of guidelines for the re-use of
wastewater for irrigation and other agricultural uses and for the prevention, control and abatement of
pollution from agricultural and aquaculture activities: Provided, That discharges coming from non-
 point sources be categorized and further defined pursuant to this Act: Provided, further, That the
Bureau of Fisheries and Aquatic Resources (BFAR) of the DA shall be primarily responsible for the
prevention and control of water pollution for the development, management and conservation of the
fisheries and aquatic resources;

d) DOH shall be primarily responsible for the promulgation, revision and enforcement of drinking
water quality standards;

e) DOST, in coordination with the Department and other concerned agencies, shall prepare a program
for the evaluation, verification, development and public dissemination of pollution prevention and
cleaner production technologies; and

f) Department of Education (DepEd), Commission Higher Education (CHED), Department of the

Interior and Local Government (DILG) and Philippine Information Agency (PIA) shall assist and
coordinate with the Department in, the preparation and implementation of a comprehensive program
pursuant to the objectives of this Act.

SECTION 23. Requirement of Record-keeping, Authority for Entry to Premises and Access to Documents. -
The Department or its duly authorized representative shall, after proper consultation and notice, require any
person who owns or operates any pollution source or who is subject to. any requirement of this Act to submit
reports and other written information as may be required by the department.

Any record, report or information obtained under this section shall be made available to the public, except
upon a satisfactory showing to the Department by the, entity concerned that the record, report, or information
or parts thereof, if made public, would divulge secret methods or processes entitled to protection as intellectual
property. Such record, report or information shall likewise be incorporated in the Department's industrial rating
system. Pursuant to this Act, the Department, through it's authorized representatives, shall have the right to: (a)
enter any premises or to have access to documents and relevant materials as referred to in the herein preceding
paragraph; (b) inspect any pollution or waste source, control device, monitoring equipment or method
required; and (c) test any discharge.

In cases of fish kill incidence, the Bureau of Fisheries of the DA, in the course of its investigation, may enter
the premises of an establishment reported to have caused said incident.

SECTION 24. Pollution Research and Development Programs. - The Department, in coordination with the
Department of Science and Technology (DOST), other concerned agencies and academic research institutions,
shall establish a national research and development program for the prevention and control of water pollution.
As part of said program, the DOST shall conduct and promote the coordination and acceleration of research,
investigation, experiments, training, survey and studies relating to the causes, extent, prevention and control of
pollution among concerned government agencies and research institutions.

CHAPTER 4
INCENTIVES AND REWARDS

SECTION 25. 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.

SECTION 26. Incentives Scheme. - An incentive scheme is hereby provided for the purpose of encouraging
LGUs, water districts (WDs), enterprises, or private entities, and individuals, to develop or undertake an
effective water quality management, or actively participate in any program geared towards the promotion
thereof as provided in this Act.

A. Non-fiscal incentive

1. Inclusion in the Investments Priority Plan (IPP). - Subject to the rules and regulations of the Board
of Investments (BOI), industrial wastewater treatment and/or adoption of water pollution control
technology, cleaner production and waste minimization technology shall be classified as preferred
areas of investment under its annual priority plan and shall enjoy the applicable fiscal and non-fiscal
incentives as may be provided for under the Omnibus Investment Code, as amended.

Fiscal Incentives

1. Tax and Duty Exemption on Imported Capital Equipment. - Within ten 10) years upon the
effectivity of this Act, LGUs, WDs, enterprises or private entities shall enjoy tax-and-duty-free
importation of machinery, equipment and spare parts used for industrial wastewater
treatment/collection and treatment facilities: Provided, That the importation of such machinery,
equipment and spare parts shall comply with the following conditions:

a) They are not manufactured domestically in sufficient quantity, of comparable quality and at
reasonable prices;

b) They are reasonably needed and will be used actually, directly and exclusively for the
above mentioned activities; and

c) Written endorsement by the Department that the importation of such machinery, equipment
and spare parts would be beneficial to environmental protection and management: Provided,
further, That the sale, transfer or disposition of such machinery, equipment and spare parts
without prior approval of the BOI within five (5) years from the date of acquisition shall be
prohibited, otherwise the LGU concerned, WD, enterprise or private entity and the concerned
vendee, transferee or assignee shall be solidarity liable to pay twice the amount of tax and
duty exemption given it.

2. Tax Credit on Domestic Capital Equipment. - Within ten (10) years from the effectivity of this Act,
a tax credit equivalent to one hundred percent (100%) of the value of the national internal revenue
taxes and customs duties that would have been waived on the machinery, equipment, and spare parts,
had these items been imported shall be given to enterprises or private entities and individuals, subject
to the same conditions and prohibition cited in the preceding paragraph.

3. Tax and Duty Exemption of Donations, Legacies and Gifts. - All legacies, gifts and donations to
LGUs, WDs, enterprises, or private entities and individuals, for the support and maintenance of the
program for effective water quality management shall be exempt from donor's tax and shall be
deductible from the gross income of the donor for income tax purposes.

Imported articles donated to, or for the account of any LGUs, WDs, local water utilities, enterprises,
or private entities and individuals to be exclusively used for water quality management programs shall
be exempted from the payment of customs duties and applicable internal revenue taxes.

Industrial wastewater treatment and/or installation of water pollution control devices shall be
classified as pioneer and preferred areas of investment under the BOI's annual priority plan and shall
 enjoy- the applicable fiscal and non-fiscal incentives as may be provided for under the Omnibus
Investment Code, as amended.

B. Financial Assistance Program

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.

C. Extension or Grants to LGUs

Cities and municipalities which shall establish or operate sewerage facilities may be entitled to receive grants
for the purpose of developing technical capabilities.

CHAPTER 5
CIVIL LIABILITY/PENAL PROVISIONS

SECTION 27. Prohibited Acts. - The following acts are hereby prohibited:

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;

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

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;

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;

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

f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under

Republic Act No.6969;

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 Presidential Decree. No.1586 and its implementing rules, and regulations;
 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 condition therein;

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;

l) Refusal to allow access by the Department to relevant reports and records in accordance with this
Act;

m) Refusal or failure to submit reports whenever required by the Department in accordance with this
Act;

n) Refusal or failure to designate pollution control officers whenever required by, the Department in
accordance with this Act; and

o) 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.

SECTION 28. Fines, Damages and Penalties. - Unless otherwise provided herein, any person who commits
any of the prohibited acts provided in the immediately preceding section or violates any of the provision of this
Act or its implementing rules and regulations, shall be fined by the Secretary, upon the recommendation of the
PAB in the amount of not less than Ten thousand pesos (P10,000.00) nor more than Two hundred thousand
pesos (P200,000.00) for every day of violation. The fines herein prescribed shall be increased by ten percent
(10%) every two (2) years to compensate for inflation and to maintain the deterrent function of such
fines: Provided, That the Secretary, upon recommendation of the PAB may order the closure, suspension of
development or construction, or cessation of operations or, where appropriate disconnection of water supply,
until such time that proper environmental safeguards are put in place and/or compliance with this Act or its
rules and regulations are undertaken. This paragraph shall be without prejudice to the issuance of an ex
parte order for such closure, suspension of development or construction, or cessation of operations during the
pendency of the case.

Failure to undertake clean-up operations, willfully, or through gross negligence, shall be punished by
imprisonment of not less than two (2) years and not more than four (4) years and a fine not less than Fifty
thousand pesos (P50,000.00) and not more than One hundred thousand pesos (P100,000.00) per day for each
day of violation. Such failure or refusal which results in serious injury or loss of life and/or irreversible water
contamination of surface, ground, coastal and marine water shall be punished with imprisonment of not less
than six (6) years and one day and not more than twelve (12) years, and a fine of Five Hundred Thousand
Pesos (P500,000.00) per day for each day during which the omission and/or contamination continues.

In case of gross violation of this Act, the PAB shall issue a resolution recommending that the proper
government agencies file criminal charges against the violators. Gross violation shall mean any of the
following:

a) deliberate discharge of toxic pollutants identified pursuant to Republic Act No.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 the non-payment of fines, breaking of seals or
operating despite the existence of an order for closure, discontinuance or cessation of operation.

In which case, offenders shall be punished with a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than Three million pesos (P3,000,000.00} per day for each day of violation or
imprisonment of not less than six {6) years but not more than ten {10) years, or both, at the discretion of the
court. 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.

For violations falling under Section 4 of Presidential Decree No.979 or any regulations prescribed in pursuance
thereof, such person shall be liable for a fine of no1 less than Fifty thousand pesos {P50,000.00) nor more than
One million pesos (P1,000,000.00) or by imprisonment of not less than one {1) year nor more than six (6)
years or both, for each offense, without prejudice to the civil liability of the offender in accordance with
existing laws. If the offender is a juridical entity, then its officers, directors, agents or any person primarily
responsible shall be held liable: Provided, That any vessel from which oil or other harmful substances are
discharged in violation of Section 4 of Presidential Decree No.979 shall be liable for penalty of fine specified
in the immediately preceding paragraph and clearance of such vessel from the port of the Philippines may be
withheld until the fine is paid and such penalty shall constitute a lien on such vessel which may be recovered in
proceedings by libel in rem in the proper court which the vessel may be. The owner or operator of a vessel or
facility which discharged the oil or other harmful substances will be liable to pay for any clean-up costs.

Provided, finally, That water pollution cases involving acts or omissions --- committed within the Laguna Lake
Region shall be dealt with in accordance with the procedure under R. A. No.4850 as amended.

SECTION 29. Administrative Sanctions Against Non-compliance with the Water Quality Management
Area Action Plan. - Local government officials concerned shall be subject to Administrative sanctions incase
of failure to comply with their action plan accordance with the relevant provisions of R.A. No. 7160.

CHAPTER 6
ACTIONS

SECTION 30. Administrative Action. - Without prejudice to the right of any affected person to file an
administrative action, the Department shall, on its own instance or upon verified complaint by any person,
institute administrative proceedings in the proper forum against any person who violates:

a) Standards or limitations provided by this Act; or

b) By any such order, rule or regulation issued by the Department with respect to such standard or
limitation.

CHAPTER 7
FINAL PROVISIONS

SECTION 31. Appropriations.- An amount of One hundred million pesos (P100,000,000.00) shall be
appropriated from the savings of the National Government to the Department for the initial implementation of
this Act. Thereafter, the amount necessary to effectively carry out the provision of this Act shall be included in
the General Appropriations Act of the year following its enactment into law and thereafter.

SECTION 32. Implementing Rules and Regulations. - The Department, in coordination with the Committees
on Environment and Ecology of the Senate and the House of Representatives, respectively and other concerned
agencies shall promulgate the implementing rules and regulations for this Act, within one (1) year after the
enactment of this Act: Provided. That rules and regulations issued by other government agencies and
instrumentalities for the prevention and/or abatement of water pollution not inconsistent with this Act shall
supplement the rules and regulations issued by the Department, pursuant to the provisions of this Act.

The draft of the implementing rules and regulations shall be published and be the subject of public
consultations with affected sectors.

There shall be a mandatory review of the implementing rules and regulations and standards set pursuant to the
provisions of this Act.

SECTION 33. Joint Congressional Oversight Committee. - There is hereby created a Joint Congressional
Oversight Committee to monitor the implementation of this Act and to review the implementing rules and
regulations promulgated by the Department. The Committee shall be composed of five (5) Senators and five;
(5) Representatives to be appointed by the Senate President and the Speaker of the House of Representatives,
respectively. The Oversight Committee shall be co-chaired by the Chairpersons of the Committee on
Environment of the Senate and the Committee on Ecology of the House of Representatives.

SECTION 34. Repealing Clause. - Presidential Decree No.984 is hereby repealed. Republic Act Nos. 6969
and 4850 as amended, Presidential Decree Nos. 1586, 1152, 979 and 856 are hereby amended and modified
accordingly. All other laws, orders, issuance, rules and regulations inconsistent herewith are hereby repealed or
modified accordingly.

SECTION 35. Separability Clause. - If any provision of this Act or the application such provision to any
person or circumstances is declared unconstitutional, the remainder of the Act or the application of such
provision to other person or circumstances shall not be affected by such declaration.

SECTION 36. Effectivity. - This Act shall take effect fifteen (15) days from the date of its publication in the
Official Gazette or in at least two (2) newspapers of general circulation.

Approved,

FRANKLIN DRILON JOSE DE VENECIA JR.

President of the Senate Speaker of the House of Representatives

This Act which is a consolidation of Senate Bill No. 2115 and House Bill No. 5398 was finally passed by the
Senate and the House of Representatives on February 4, 2004.

OSCAR G. YABES ROBERTO P. NAZARENO

Secretary of Senate Secretary General
House of Represenatives

Approved: March 22, 2004

GLORIA MACAPAGAL-ARROYO
President of the Philippines