Water Quality Management Area and Selected Provisions of the Clean

Water Act

For the proposed Naguilian

River System Water Quality
Management Area
Environmental Management Bureau, Region I
San Fernando City, La Union

Establishment of Water Quality

Management Area (WQMA)

The Clean Water Act (RA 9275) provides that 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. (Sec.
2)
A key objective of the Clean Water Act is to protect water
quality from pollution which creates economic and
financial losses to the country. One approach to protect
water quality is the establishment of Water Quality
Management Area.

Water Quality Management Area

The establishment of the Water Quality Management Area is mandated
by the Clean Water Act.
While the designation of a WQMA is a mandate of the
DENR/Environmental Management Bureau and the National Water
Resources Board, the Local Government Units within the Area are its
principal stakeholders.

Coverage of WQMA Designation

Surface waters natural , man-made
streams (rivers and creeks)
lakes
marine waters

Land within the hydrologic unit

residential, industrial, commercial, agricultural,
tourism, forest and protection areas
(Groundwater resource not included)

Establishment of the Water Quality

Management Area

The DENR, in coordination with National Water Resources

Board (NWRB), is mandated to designate certain areas as
water quality management areas (WQMA) using
appropriate physiographic units such as watershed, river
basins or water resources regions. (Sec. 5)
One of the areas is Naguilian River which starts at Bagulin
and Burgos, then finally draining to Bauang River and
Lingayen Gulf. On the other hand a tributary of San
Fernando River joint at Bauang Creek then to Bauang
River.

Organization and Management of the

Water Quality Management Area
The Water Quality 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 nongovernmental organization, water utility sector,
and business sector.
The representative of the DENR shall chair the Governing
Board. (Sec. 5)

Organization and Management of the

WQMA
The Governing Board shall formulate strategies to coordinate
policies necessary for the effective implementation of the
Clean Water Act and monitor the compliance with the action
plan.
Each WQMA shall create a multi-sectoral group to establish
and effect water quality surveillance and monitoring network
including sampling schedules and other similar activities. (Sec.
5)

Organization and Management of

WQMA
A Technical Secretariat for WQMA is created which shall be
part of the Department and shall provide technical support to
the governing board.
Members one lawyer; one Chemical Engineer, Chemist,
Sanitary Engineer, Environmental Engineer or Ecologist or
have significant training and experience in chemistry; c) One
(Civil Engineer or Hydrologist or have significant training and
experience in closely related fields and mainly experience on
ground water, respectively; and d) One Geologist or Biologist
or have significant training and experience in closely related
fields.

Issues Related to WQMA : National Sewerage

and Septage Management Program
The national sewerage and septage management
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, programs/projects for the rehabilitation of
existing facilities and such other factors that the DENR
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.

Issues Related to WQMA : National Sewerage

and Septage Management Program

Within five (5) years following the effectivity of the Clean

Water Act (2004), 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.

Issues Related to WQMA : National Sewerage

and Septage Management Program

In areas not considered as HUCs, the DPWH in coordination

with the DENR, DOH and other concerned agencies, shall
employ septage or combined sewerage-septage management
system.
The 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.

Issues Related to WQMA : National Sewerage and Septage

Management Program

The DOH, in 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.

Issues Related to WQMA

National Water Quality Management Fund
A National Water Quality Management Fund, to be
administered by the DENR, with other concerned agencies is
established as a special account in the National Treasury is
established by the Clean Water Act. (Sec. 9)
The National Water Quality Management 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;

Issues Related to WQMA

National Water Quality Management Fund
The National Water Quality Management Fund shall be used to
finance the following:
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 DENR.

Issues Related to WQMA

National Water Quality Management Fund
The fines imposed and damages awarded to the government
by the Pollution Adjudication Board (PAB), proceeds of
permits issued by the DENR under the Clean Water 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 donors 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.

Issues Related To WQMA

Area Water Quality Management Fund
An Area Water Quality Management Fund has been established
by the Clean Water Act 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. (Sec. 10)

Issues Related To WQMA

Area Water Quality Management Fund
The AQM Fund shall initially be sourced from the fines incurred
by the establishments before the effectivity of the Clean Water
Act.
Thereafter, the fees collected under the wastewater charge
system established under Section 13 of the Clean Water Act,
donations, endowments and grants for water quality
management of the area shall accrue to the fund.
An amount of not more than ten percent (10%) of the total
amount accruing to the AQMF annually shall be allocated for the
operational expenses of the Governing Board, its secretariat and
multi-sectoral water quality surveillance and monitoring network.

Related Issues Waste Water Charge

System
Wastewater Charge System. The DENR shall implement a wastewater charge
system in all management areas 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. (Sec. 13)

Related Issues Discharge Permits

The DENR shall require owners or operators of facilities that discharge
regulated effluents to secure a permit to discharge. The discharge permit shall
be the legal authorization granted by the DENR to discharge wastewater. (Sec.
14)
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.

WQMA Issues: Role of Local Government Units

LGUs shall share the responsibility in the

management and improvement of water quality
within their territorial jurisdictions. (Sec. 20)
Each LGU 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.

WQMA Issues: Role of Local Government Units

Each LGU shall have the following powers and functions:
(Sec. 20)
Monitoring of water quality;
Emergency response;
Compliance with the framework of the Water Quality
Management Action Plan;
Take active participation in all efforts concerning water
quality protection and rehabilitation; and
Coordinate with other government agencies and civil society
and the concerned sectors in the implementation of measures
to prevent and control water pollution:

WQMA Issues:

Water Quality Management Area Action Plan

A Water Quality Management Area Action

Plan shall be prepared to include, 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 the Clean Water Act

WQMA Issues: Penal and Administrative Sanctions

The Clean Water Act has penal provisions for

prohibited acts. (Sec. 27; Sec. 28)
In addition, it also provides that Local Government
Officials concerned shall be subject to
administrative sanctions in case of failure to comply
with their action plan in accordance with the relevant
provisions of Republic Act No. 7160. (Sec. 29)

Some Activities in Establishing Water Quality Management Area

Survey, Delineation and Mapping (SDM) of the WQMA

Determination of Water Quality (WQ) in the proposed WQMA
particularly along Dagupan/Sinocalan Rivers and water quality
mapping of various monitoring points thru periodic water
sampling and laboratory analysis of water samples.
Participation of the LGUs and other stakeholders in water
quality monitoring
Frequent and meaningful stakeholder consultations

Some Activities in Establishing Water Quality Management Area

Presentation of results of water quality monitoring to the

LGUs and other stakeholders
Discussion of possible actions to address exceedance over
the standards set for each water quality/pollution parameter.
Inventory of Establishments (IE) Discharging Effluent to the
Sinocalan/Dagupan River
Updating the socio-economic profile of the LGUs covered by
the proposed WQMA
Discussion workshops on other pertinent provisions of the
Clean Water Act.

Some Activities in Establishing Water Quality Management Area

Determination of Attainment Areas and Non- Attainment Areas

(AA/NAA) To be done by EMB after a 10-month water quality
monitoring
Preparation of LGU WQMA Action Plan, with assistance by
EMB
Community Consultations and Stakeholder Discussions on the
WQMA Action Plans

Some Activities in Establishing Quality Management Area

Preparation and dissemination of IEC materials on the

WQMA and pertinent provisions of the Clean Water Act to be
done by EMB, and later by the WQMA Governing Board
Preparation by the LGU of their Compliance Plan for the
WQMA Action Plan which may be in the form of an ordinance or
executive order

Some Activities in Establishing Water Quality Management

Area

Drafting DENR Administrative Order Designating the WQMA, with the

participation of the LGUs and other stakeholders
Pre-Organizational Meeting of the Water Quality Area Governing
Board

For more information about the Clean Water Act

Water Quality Management Area, log on to:
www.denr.gov.ph and www. emb.gov.ph
EMB Regional Office No. 1
DENR Building, Government Center, Brgy. Sevilla,
City of San Fernando, La Union
(072) 607-0932; 700-2448
700-2449 (Telefax)

and