Lead Agency.
SEC. 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:
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;
Prepare an Integrated Water Quality Management Framework within twelve (12) months following the completion of the status report;
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 the need arises;
Prepare and publish a national groundwater vulnerability map incorporating the prevailing standards and methodologies, within twenty-four (24) months after the effectivity of this Act;
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;
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).
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;
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;
Classify groundwater sources within twelve (12) months from the effectivity of this Act;
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;
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;
Exercise supervision and control over all aspects of water quality management;
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;
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);
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;
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;
Issue rules and regulations for the effective implementation of the provisions of this Act;
Issue orders against any person or entity and impose fines, penalties and other administrative sanctions to compel compliance with water quality regulations and the provisions of this Act;
Undertake appropriate protocol with other concerned agencies for immediate coordinated responses to water related emergency incidents;
Issue permits, clearances and similar instruments pursuant to this Act; and
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.
Role of Local Government Units (LGUs).
SEC. 20. Role of Local Government Units (LGUs). — LGUs shall share the responsibility in the management and improvement of water quality within their territorial jurisdictions.
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.
Each LGU shall, through its Environment and Natural Resources Office (ENRO) established in Republic Act No. 7160, have the following powers and functions:
Monitoring of water quality;
Emergency response;
Compliance with the framework of the Water Quality Management Action Plan;
To take active participation in all efforts concerning water quality protection and rehabilitation; and
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.
Business and Industry Role in Environmental Management.
SEC. 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 chambers of commerce, shall formulate appropriate incentives for the adoption of procedures that will preserve and protect our water bodies through the introduction of innovative equipment and processes that reduce if not totally eliminate the discharge of pollutants into our water bodies.
Linkage Mechanism.
SEC. 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 the functions specified hereunder:
Philippine Coast Guard in coordination with the 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;
DPWH through its attached agencies, such as the MWSS, LWUA, and including other urban water utilities for the provision of sewerage and sanitation facilities and the efficient and safe collection, treatment and disposal of sewage within their area of jurisdiction;
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;
DOH shall be primarily responsible for the promulgation, revision and enforcement of drinking water quality standards;
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
Department of Education (DepEd), Commission on 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 and continuing public education and information program pursuant to the objectives of this Act.
Requirement of Record-keeping, Authority for Entry to Premises and Access to Documents.
SEC. 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 its 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.
Pollution Research and Development Programs.
SEC. 24. Pollution Research and Development Programs. — The Department, in coordination with the Department of Science and Technology (DOST), and 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, surveys and studies relating to the causes, extent, prevention and control of pollution among concerned government agencies and research institutions.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
