Progress of Water Environment Governance in the Philippines

Vicente B. Tuddao, Jr. Ph.DCareer Executive Service Officer IV

Assistant Regional Director for Technical Services/Director IIIDepartment of Environment and Natural Resources

MIMAROPA Region, Philippines

The 14th WEPA Annual Meeting22 February 2019

Tokyo

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THE REPUBLIC OF THE PHILIPPINES PROFILE• It has an economy that is a newly industrialized

country, transitioning from agriculture to one basedmore on services and manufacturing. As of 2019, GDP(PPP) was estimated to be at US$1.041 trillion (WorldBank, September 2018), US$354 billion(nominal). The13th largest economy in asia.

• There are 820,253 establishments (based on 18 industrytype) throughout the country, wherein 60% arelocated within the Manila Bay Region (Metro Manila,Region 3, and Region 4A). Of these number 112,789are manufacturing industries.

• Main manufacturing industries are pulp and paper mills,sugar mills, alcohol distilleries, food processing, plasticand consumer goods, copper smelter, glass plant, steelmills, cement plant, electronics assembly, aerospace,textiles, petroleum refining and shipbuilding.

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Out of the 421 Principal Rivers, 180 are relatively polluted/degraded

STATUS OF RIVERS IN THE PHILIPPINES

The rapid increase in population, urbanization andindustrial development has led to the river basindegradation and deterioration which is due mainly towater pollution.

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Source: Nat’l Water Quality Status Report, EMB  (Based on BOD loadings)

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EMB Annual Report, 2016

Results of Water Quality Monitoring of Priority Rivers*

Total Area: 

300,000 Sq km

• DO, 5mg/l (standard for ambient): 6 rivers passed 

• BOD, 7 mg/l (standard): 7 rivers passed

• Only 4 rivers passed both the DO and BOD standards

* Does not include 4 rivers in National Capital Region(NCR). A total of 19 rivers nationwide are considered priority principal rivers subject for regular  monitoring

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Bathing Beaches Monitoring StationsMonitoring of Bathing Beaches in Manila Bay

• Nineteen (19) Bathing beaches were monitored for fecal coliform count from 2013 to 2017.

• Out of the 19 stations monitored only one (1) station passed the SB Criteria for fecal coliform of 200MPN/100ml (Dalaroy’s Resort in 2016)

• Php7.0 billion project programmed for the massive rehabilitation of Manila Bay in progress (2019 onward) under DENR leadership. This is also in compliance with the Supreme court’s issued Writ of Mandamus to clean the bay.

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Php7.0 billion project programmed for the massive rehabilitation of Manila Bay in progress (2019 onward) under DENR leadership. This is also in compliance with the Supreme court’s issued Writ of Mandamus to clean the bay.

Strategies:• Strengthen law enforcement• Strong political will• Strong private sector participation (CSR)• Interagency cooperation and collaboration• Sufficient budget support from the government• Stakeholders participation and

cooperation/change of attitude or behaviour

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• Only 10% of wastewater is treated;

• Only 5% of the total population is connected to a sewer network. The vast majority uses flush toilets connected to septic tanks;

• 76.8 percent of families in the Philippines have sanitary toilet facilities (DOH, 2008).

• Less than 10 percent have access to piped sewerage systems. Those that are not connected to a sewerage network rely on septic tanks, pit latrines, or practice open defecation.

• In Metro Manila, 43 sewage treatment plants (STPs) and septage treatment plants (SpTPs) service more than a million residents or around nine percent of the region’s entire population. An average of 9.4 million kilograms of BOD was removed per year during this four-year period. The highest pollution load reduction was attained in 2012 with 9.5 million kilograms of BOD removed.

Status of Wastewater Management in the Philippines

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• The estimated total annual volume of wastewater produced from both municipal and major agricultural industries is about 7,465 million cubic meters. This data may be considered inadequate because there are other industries that are producing wastewater but their data are not readily available.

Sewage Treatment Plant in Balanga, Bataan, Philippines designed to serve 180, 000 households in the province of Bataan.

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Total Area: 

300,000 Sq km

Balanga, Bataan

Location of Some of the Sewage Treatment Plants in Metro Manila and Adjacent Provinces

Total Area: 

300,000 Sq km

Balanga, Bataan

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On-going Construction of Php100 Million STP in Puerto Galera-SabangBeach Area Prime Tourist Destination to service both domestic and commercial establishments along the beach area with a capacity of 1,750 cubic meters per day expected to be operational before the end of 2019

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• All Owners Or Operators Of Facilities That Discharge Regulated Effluents Shall Secure Wastewater Discharge Permit (DP).

PHILIPPINE CLEAN WATER ACT OF 2004(Republic Act No. 9275)

To control wastewater discharges, DENR has enforced the Wastewater Discharge Permitting System

• DP is the legal authorization granted by the DENR to discharge wastewater into a water body.

• The DENR Implements Wastewater Charge System (WCS) in all Management Areas and Regional Industrial Centers through the Collection of Wastewater Charges/Fees.

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PHILIPPINE CLEAN WATER ACT OF 2004(Republic Act No. 9275)

Provides For A Comprehensive And Integrated Strategy To Prevent And Minimize Pollution Through A Multi-Sectoral And Participatory Approach Involving All The Stakeholders.

The Clean Water Act Applies To:

• Water quality management in all water bodies.• Abatement and control of pollution from

land-based sources.• Enforcement of water quality standards,

regulations and penalties.

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Water Body Classification and Usage of Freshwaters(Rivers, Lakes)

Classification Intended Beneficial Use

Class AAPublic Water Supply Class I – Intended primarily for waters having watersheds, which are uninhabited and otherwise protected, and which require only approved disinfection to meet the Philippine National Standards for Drinking Water (PNSDW) Public Water Supply Class II – For sources of water supply requiring conventional treatment (coagulation, sedimentation, filtration and disinfection) to meet the latest PNSDW

AA

A

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Classification Beneficial Use

Recreational Water Class I – intended for primary contact recreation (bathing, swimming, skin diving, etc.)

• Fishery Water for the propagation and growth of fish and other aquatic resources

• Recreational Water Class II (Boating, fishing or similar activities)

• For agriculture, irrigation, and livestock watering)

B

C

Water Body Classification and Usage of Freshwaters (Rivers, Lakes)

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DENR ADMINISTRATIVE ORDER NO. 2016-08(An amendment of DAO 1990-35)

WATER QUALITY GUIDELINES AND GENERAL EFFLUENT STANDARDS OF 2016

Discharges from any point source shall at all times meet the effluent standards

The GES shall be used regardless of the industry category and volume of dischargeEffluent used for agricultural purposes shall conform to the DA Administrative Order No. 2007-26.

DAO 2016- 08 has also provision for the water classification of water bodies for the purpose of maintaining the quality of water based on beneficial usage.

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Effluent Standards (DAO 2016-08)

Parameter Class A Class B Class C Class D

Ammonia as NH3-N, mg/L

0.5 0.5 0.5 7.5

BOD5,mg/L 20 30 50 120

Boron, mg/L 2 2 3 12

Chloride, mg/L 350 350 450 500

COD, mg/L 60 60 100 200

Color, TCU 100 100 150 300

Cyanide as Free Cyanide, mg/L

0.14 0.14 0.2 0.4

Fluoride, mg/L 2 2 2 4

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Effluent Standards (DAO 2016-08)

Parameter Class A Class B Class C Class D

Nitrate as NO3-N, mg/L 14 14 14 30

pH (Range) 6.0-9.0 6.0-9.0 6.0-9.5 5.5-9.5

Phosphate, mg/L 1 1 1 10

Selenium, mg/L 0.02 0.02 0.04 0.08

Sulfate, mg/L 500 500 550 1,000

Surfactants (MBAS), mg/L 2 3 15 30

Temperature(h) °C change 3 3 3 3

Total Suspended Solids, mg/L

70 85 100 150

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Effluent Standards (DAO 2016-08)

Parameter Class A Class B Class C Class D

Arsenic, mg/L 0.02 0.02 0.04 0.08

Barium, mg/L 1.5 1.5 6 8

Cadmium, mg/L 0.006 0.006 0.01 0.02

Chromium as Hexavalent Chromium (Cr6+)

0.02 0.02 0.02 0.04

Copper as dissolved Copper, mg/L

0.04 0.04 0.04 0.08

Iron, mg/L 5 5 7.5 35

Lead, mg/L 0.02 0.02 0.1 0.2Manganese, mg/L 2 2 2 20

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Executive Order No. 192 (1987)

“The Department of Environment and Natural Resources (DENR) shall be the primary government agency responsible for the conservation, management, development, and proper use of the country’s environment and natural resources.”

The Environmental Management Bureau is the primary government agency under the DENR mandated

‐ to formulate, integrate, coordinate, supervise, and implement all policies, plans, programs, projects and activities relative to the prevention and control of pollution as well as management and enhancement of environment

National Government Agencies with Primary mandates on Water Environment Governance

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Other Government Agencies with related mandates on Water Environment governance:

• Laguna Lake Development Authority – to formulate, regulate and implement all policies, plans, programs, projects and activities relative to the prevention and control of pollution as well as management and enhancement of environment in Laguna Lake Region

• Pasig River Rehabilitation Commission – Coordinate and integrate, and monitor the implementation of all Government Agencies plans, and programs for the rehabilitation of Pasig river

• Department of Public Works and Highways –It is the primary agency that implement the country’s national Sewerage and Septage Management

• Metro Manila Development Authority – administer governance of MM area development such as infrastructure development, law enforcement of environmental laws- solid waste management, Clean Water Act, Water Code of the Philippines, Clean Air Act, etc.

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• Department of Health (DoH) – administer the compliance of the country’s National Standard for Drinking Water Program

• Metro Manila Sewage and Sewerage System (MWSS) – Governance of the water supply program of Metro Manila and other provinces, and directly oversee the implementation of plans and programs of the two water concessionaires, namely: Manila Water Company (MWC) and Maynilad Water Services Co.(MWSC)

• Local Government Units (LGUs) – administer/management of rivers within the jurisdiction of the LGUs, and implement Ecological Solid Waste Management Act within its area of political and jurisdictional responsibility.

• Department of Interior and Local Government (DILG) – administer the implementation of the country’s National Water Supply and Sanitation Program, and mandated to oversee the attainment of the country’s SDG goal on access to safe drinking water by all.

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• Under the National Sewerage and Septage Management Program, the LGUs shall share the responsibility in the management and improvement of water quality within their territorial jurisdictions.

• Local Government Units are the key players in the Water Quality Management Areas designated by DENR in accordance with Sec. 5 of the Clean Water Act and its IRR

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MONITORING OF THE INDUSTRIES

Level Responsible Person/Office

Report Requirement

Project Proponent/Company

Pollution Control Officer Self-Monitoring Report (SMR) and/or (CMR) Compliance Monitoring Report

Multi-Partite Monitoring (MMT) or Third Party Monitoring

Team headed by the company composed of various Stakeholders (LGU, Non Government Organizations (NGOs) and other sectors)

Audit Report / CMR

Regulating body EMB Central Office / EMB-Regional Offices

Compliance Evaluation Report

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METHODS OF MONITORING THE INDUSTRIES

Table MonitoringDocuments submitted

o reports (Self-Monitoring Report)o planso required permits (discharge permit)o other proof of compliance or

implementation

Field MonitoringSite Validation (actual plant inspection

and effluent sampling plus validation of submitted reports)

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STATUS OF COMPLIANCE BY INDUSTRIAL / COMMERCIAL ESTABLISHMENTS TO THE CLEAN WATER ACT

• Based on records of the DENR-EMB, of the total industries in the Manila Bay Region that have been monitored from 2011-2015, only 45.41% are complying with the DENR Standards / or have been issued Wastewater Discharge Permit. At the National level, about 50% are complying.

• This means that many have been issued Notices ofViolation (NOV) and are still implementing measures (suchas construction of wastewater treatment facility) so as totreat their wastewater. Or some still have pending case withPAB (payment of fines/penalties)

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PENALTIES AND LIABILITIES FOR NON-COMPLIANCE

Violation Penalty/Civil Liability

Anyone who commits any of the prohibited acts or violates any of the provisions of this Act & its IRR

Upon recommendation of the PAB, Fine of not less than PhP10,000 but not more than P200,000 for every day of violation

Anyone who commits violation of of the General Effluent Standards (GES), case shall be elevated to the Pollution Adjudication Board (PAB) for issuance of a

“Cease and Desist Order” (CDO).

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Violation Penalty/Civil Liability

Failure to undertake clean‐upoperations– wilfully or through gross negligence

Imprisonment not less than 2yrs but not more than 4 yrs.; A fine of not less than PhP50,000 but not more than PhP100,000 per day of violation

Failure or refusal to clean‐upwhich results in serious injury orloss of life or lead to irreversiblewater contamination

Imprisonment of not less than 6 yrs. and 1 day and not more than 12 yrs. and fine of PhP500,000 per day for each violation

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Violation Penalty/Civil Liability

Gross violation of the Act,-Deliberate discharge of toxic pollutants-Five (5) or more violations within a period of 2years-Blatant disregard of the orders of the PAB, such as non-payment of fines, breaking of seals or operating despite the existence of an order for closure, discontinuance or cessation of operation.

PAB shall issue resolution recommending that proper gov’t agencies file criminal charges against violator

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On-Going Major Environmental Law Enforcement

• Clean Up Drive of Boracay Beach Area- Issued Notice of Violation (NOVs) and Cease and Desist Order (CDOs)to various commercial establishments in Boracay Beach Areas (Prime Tourist Destination), Province of Aklan, in violation of Clean Water Act; Demolished various establishments in violation of the easement rule under the Water Code of the Philippines.

• Rehabilitation of Manila Bay- on-going massive ground inspection and issued Notice of violation (NOVs) and CDOs of violating commercial establishments/hotels for failure to establish STPs/wastewater treatment plants. A total of Php7.0 billion was allocated by the government for this major program of the DENR starting 2019 (5 year program);

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• Clean Up Drive of other major Beach Areas of prime Tourist destination in MIMAROPA region namely: Coron, El Nido and San Vicente, in Palawan, and Puerto Galera in Oriental Mindoro. Issued Notice of Violation (NOVs) and Cease and Desist Orders (CDO)to various commercial establishments in violation of Clean Water Act; Demolished various establishments in violation of the easement rule under the Water Code of the Philippines.

• Clean Up drive and rehabilitation of selected major/principal rivers in the country.

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Targets Metro Manila and for Areas Outside Metro Manila

• By 2037, 100 percent of all households (with projected population of 15 million ) and commercial establishments within Metro Manila should have connected to sewer lines for the wastewater treatment facilities/plants to be put up and operated by the Manila Water Company and Maynilad Water Services Co. in line with the 25 year contracts signed between said companies and the government through the MWSS;

• By 2020, all LGUs have developed septage management systems and the 17 highly urbanized cities have developed sewerage systems.

• By 2020, approximately 43.6 million people have access to SpTPs and about 3.2 million will have access to STPs.

• By 2020, PhP 26.3 billion has been invested in sanitation improvement projects.

• By 2020, about 346 million kg of BOD is diverted from the environment per year as a result of the sewerage and septage management projects

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Issues and challenges needed to be addressed to Improve Water Environment Governance

• Increase access to the new knowledge and technologies generated from international R&D standards for the effective and efficient management of domestic wastewater through WEPA

• Participation to the global or regional network for the access to information on improved approaches/strategies, and access to financial and technical assistance in the development of the country’s comprehensive domestic wastewater treatment systems and facilities; and

• With the foundation for sustainable water quality management already laid out, the main challenge now lies in the continuation of existing water quality management policies and programs to rehabilitate and preserve the quality of the country’s water bodies, and ultimately, achieve and sustain quality life for future generations

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