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Phil Clean Water Act

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1|SANTIAGO, Sara Andrea Nina P.

| 2017-0064

REPUBLIC ACT NO. 9275


Philippine Clean Water Act of 2004

Salient Provisions:

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 to streamline processes and procedures in the prevention,
control and abatement of pollution of the country's water resources; 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; and 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.

A look at Manila Bay’s pollution and the Clean Water Act of 2004

The Department of the Environment and Natural Resources is taking aim at


establishments near Manila Bay which have violated environmental laws passed way back
in the early 2000s. Environment Secretary Roy Cimatu said that hotels, resorts, restaurants
and similar establishments will be facing a fine of P20,000 to P200,000 every day for
violations incurred starting from the time DENR has taken their water samples. This is in
light of the upcoming Manila Bay rehabilitation program that will be launched on January
27, 2019. It aims to restore the bay’s pristine condition that is supposedly ideal for
recreational purposes.

He noted that Republic Act 9275 or the “Philippine Clean Water Act of 2004” will be
strictly implemented as part of the agency’s measures to rehabilitate the heavily-polluted
bay. The law was similarly enforced when DENR closed down Boracay for six months
following massive environmental concerns. Initial inspection by the agency reveals that
nine out of 19 bathing beaches and stations along Manila Bay are extremely polluted,
having high coliform levels.

Reviewing the policy on water pollution

The Philippine Clean Water Act of 2004 was established to protect, preserve and
revive water quality of the country’s resources. It mandates DENR to coordinate with the
National Water Resources Board in rehabilitating and improving different bodies of water
that may be polluted and affected by improper waste disposal. Under the law, it is
prohibited to discharge “material of any kind” to water bodies—including groundwaters—
in an indirect or direct manner. Furthermore, facilities and establishments are supposed to
secure discharge permits subjected to the approval of the environmental agency.

Violators of the provisions will be sanctioned with a penalty fee that amounts from
P10,000 to P200,000. It will be imposed every day until specific actions are taken against
water pollution. Personnel responsible will be facing jail time from two to four years and be
required to pay P50,000 to P100,000 every day if there are no initiatives taken. If the
refusal to the agency’s order causes “irreversible water contamination,” the personnel/s
involved shall be imprisoned for six to twelve years and be fined for P500,000 for each day
of violation. Otherwise, criminal charges may be filed by DENR.

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