Dirtiest Wastewater Sample

Implementing the
PHILIPPINE CLEAN WATER ACT OF 2004
WITHIN THE LAGUNA DE BAY REGION:
Updates on policy issuances and implementation

Randy L. Añonuevo, CE, MSE

Surveillance and Monitoring Division
Environmental Regulations Department
LAGUNA LAKE DEVELOPMENT AUTHORITY
 ABOUT THE LLDA
• Republic Act 4850 (1966) created LLDA to promote and accelerate the development and balanced
growth of Laguna de Bay Region;

• Presidential Decree 813 (1975) expanded LLDA’s mandate and functions to include environmental
protection with the power to issue permits for the use of surface waters;

• Executive Order 927 (1983) granted LLDA water rights over all surface waters; power to abate and
control pollution, and collect fees for the water uses;
 BASIC FEATURE
• Laguna de Bay Basin has an area of about 382,000 hectares;
• Lakeshore area is about 14,000 hectares with about 400,000
informal settler households from the National Capital Region
(NCR), Laguna, and Rizal Provinces;
• 90,000 hectares lake surface area with more than 3,200 aquaculture
(fishpens and fishcages) structures covering about 13,000 hectares;
• More than 100 rivers, 24 major tributaries, hence 24 sub-basins or
sub-watersheds;
• About 34,000 fisher folk population
LLDA CLEARANCE – Legal Framework
Section 4(d) of R.A. 4850, as amended by P.D. 813 and E.O. 927
“xxx.. Empowers the Laguna Lake Development Authority (LLDA) to pass upon and approve or disapprove all
plans, programs and projects proposed by local government units, government agencies, public corporations and
private persons or enterprises within the Laguna de Bay Region, where such plans, programs or projects are
related to those of the Authority for the development of the region.. xxx”

“xxx.. The Authority shall issue the necessary clearance for all approved proposed plans, programs, and projects
within thirty days from submission thereof unless the proposals are not in consonance with those of the Authority
or that those will contribute to the unmanageable pollution of the Laguna Lake waters or will bring about the
ecological imbalance of the Region.. xxx”
 THE ENVIRONMENTAL USER FEE
SYSTEM OF THE LLDA
Section 13 of CWA 2004 : 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.
 THE ENVIRONMENTAL USER
FEE SYSTEM (EUFS)
• EUFS is a market-based instrument that applies the “polluters pay principle”;

Introduction Phase (1997): The EUFS was launched by LLDA in January 1997 as a
pioneering wastewater charge
Top five (5) polluting industries - beverages, food processing, pulp & paper, piggeries
/slaughterhouses and textiles ;

Second Phase (1998 - 1999): All industries with wastewater, subdivisions and commercial
establishment, including food chains and restaurants;

Ongoing Implementation: EUFS was adopted as a long-term Environmental Management

Program of the LLDA.
 COVERAGE OF THE EUFS
All development projects, installations, activities that discharge liquid waste into and pose
a threat to the environment of the Laguna de Bay Region:
Industrial
Commercial
Domestic
Agricultural

DISCHARGE PERMIT is the legal authorization granted by LLDA to discharge liquid waste or
wastewater of specified concentration and volume into the sewer or any water body that directly
or eventually drains into the Laguna de Bay. Usually valid for 1 to 3 years, renewable within one
month prior to its expiration.

Section 14 of CWA 2004. Discharge Permits. – 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.
BOD LOADING FROM POINT SOURCES

The reduction in BOD loading was due to several factors: (a) increased
efforts among the sources to treat their wastewater, (b) wastewater
recycling activities, (c) waste minimization, (d) voluntary closure or
relocation, (e) conversion from wet to dry process.
The BOD loadings from some industrial sources revealed a decreasing trend, which could
mean that the EUFS implementation is quite effective for pollution abatement. However,
there are firms that are not always complying with the standards – hence a sustained
compliance monitoring is needed.
CONTINUING IMPLEMENTATION OF
THE EUFS USING THE NEW
GENERAL EFFLUENT STANDARDS
(GES)
THE NEW GENERAL EFFLUENT STANDARDS

Section 12 of CWA 2004 : Categories of Industry Sector. – Within twenty-four (24) months from the
effectivity of this Act, and every two (2) years thereafter, the Department shall 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 DENR adopts and promulgated DENR Administrative Order No. 2016-08 pursuant to
Republic Act No. 9275 otherwise known as the Philippine Clean Water Act of 2004.
• Covers both Water Quality Guidelines (WQG) and General Effluent Standards (GES);
• New parameters have been added and some parameters are more stringent than the previous
DAO;
• The old guidelines contained in DENR DAO-34 and 35 series of 1990 are now superseded.
WQG VERSUS GES

WQG applies to all water

bodies to maintain its
beneficial uses.
Parameter WQG
(Class C) Parameter GES
(Class C)
BOD, mg/L 7
BOD, mg/L 50
Chloride, mg/L 350 Chloride, mg/L 450
Color, TCU 75 Color, TCU 150
pH (range) 6.5 – 9.0 GES applies to all point pH (range) 6.0 – 9.5

Phosphate 0.50 sources of pollution. Phosphate 1

TSS, mg/L 100
TSS, mg/L 80
GES IMPLEMENTATION WITHIN THE
LAGUNA DE BAY REGION
Section 3 of DENR DAO 2016-08: The General Effluent Standards (GES) applies to all point sources
of pollution, regardless of volume, that discharge to receiving body of water or land. The GES shall
be used regardless of industry category.

RA 4850, as amended, empowers the LLDA to issue rules and regulations as may be necessary to
effectively carry out its mandates;

The LLDA Board of Directors has the power to formulate, amend and repeal rules and regulations to
govern the conduct of business of the Authority.
GES IMPLEMENTATION WITHIN THE
LAGUNA DE BAY REGION
The adoption of the new General Effluent Standards (DENR DAO 2016-08) for implementation within the Laguna de
Bay Region has been approved by the LLDA Board of Directors in its regular Board meeting last April, 2017.

The said adoption, thru LLDA Board Resolution No. 523 series of 2017 entitled “Adoption of Department
Administrative Order (DAO) No. 2016-08 of the Department of Environment and Natural Resources (DENR) as
the New Effluent Standards for the Continuous Implementation of the Environmental User Fee System and the
Water Quality Guidelines for Surfaces Waters within the Laguna de Bay Region, and for Other Purposes”, has
become effective thirty (30) days after meeting the requisite publication and registration requirements;
DP EXEMPTIONS UNDER LLDA BR 322,
SERIES OF 2007

A proposed Board Resolution entitled “APPROVING THE MODIFICATION OF CERTAIN

PROVISIONS IMPLEMENTING THE ENVIRONMENTAL USER FEE SYSTEM WITHIN THE
LAGUNA DE BAY REGION, COVERAGE OF ISSUANCE OF DISCHARGE PERMITS, AND
FOR OTHER PURPOSES” shall be presented to the LLDA Board of Directors amending, among
others, the above BR for approval.
COMPLIANCE MONITORING OF
REGULATED ESTABLISHMENT
IDENTIFYING LEGITIMATE INSPECTION
1) With Valid Identifying Documents:
• Mission Order (M.O.) signed by the General Manager of the LLDA;
• Employee’s or Inspector’s ID Card
• Signed Official Business Pass or Travel Order are usually filed in the Office before such
inspections are made – this is an internal Office document.

MISSION
MISSION ORDER
ORDER

2) Use of Government Service Vehicle: Republic

Pursuant
Pursuant to
Republic Act
Act 4850,
to Section
4850, and
Section 4
and its
4 Paragraph
Paragraph (h)
its Implementing
Implementing Rules
(h) of
of Executive
Rules and
Executive Order
Order No.
and Regulations,
Regulations, RANDY
No. 927
RANDY L.
927 series
series of
of 1983
L. AÑONUEVO,
1983 amending
AÑONUEVO, Engineer
amending
Engineer I,I,
is
is hereby
hereby deputized
deputized representative
representative of of the
the Laguna
Laguna LakeLake Development
Development Authority.
Authority. He He isis hereby

• Only LLDA Official vehicles (red plate) are deployed in all inspection-related activities.
hereby
authorized to
authorized to enter
enter atat all
all reasonable
reasonable time
time any
any property
property of
of public
public dominion
dominion and and private
private property
property devoted
devoted
to industrial,
to industrial, manufacturing,
manufacturing, commercial
commercial (restaurants
(restaurants andand QSRs),
QSRs), learning
learning institutions
institutions and
and development
development
projects/activities to
projects/activities to conduct
conduct inspection
inspection and
and monitoring
monitoring activity
activity in
in relation
relation to
to complaint/s
complaint/s pertaining
pertaining to to or
or
any
any violations
violations ofof provisions
provisions of of R.A.
R.A. 4850
4850 and
and R.A.
R.A. 9275,
9275, LLDA
LLDA Clearance
Clearance (LC)(LC) and
and Discharge
Discharge Permit
Permit
(DP)
(DP) requirements
requirements located
located within
within the
the Laguna
Laguna De De Bay
Bay Region
Region comprising
comprising the the municipalities
municipalities of of San
San
Pedro,
Pedro, Binan,
Binan, Cabuyao,
Cabuyao, Alaminos,
Alaminos, Los
Los Banos,
Banos, Bay,
Bay, Pila,
Pila, Calauan,
Calauan, Victoria,
Victoria, Sta.
Sta. Cruz,
Cruz, Nagcarlan,
Nagcarlan, Liliw,
Liliw,
Magdalena, Luisiana, Pagsanjan, Lumban, Cavinti, Majayjay, Rizal, Kalayaan,
Magdalena, Luisiana, Pagsanjan, Lumban, Cavinti, Majayjay, Rizal, Kalayaan, Paete, Pakil, Pangil, Paete, Pakil, Pangil,
Siniloan,
Siniloan, Famy,
Famy, Mabitac,
Mabitac, and and Sta.
Sta. Maria
Maria in
in the
the Province
Province ofof Laguna;
Laguna; Municipalities
Municipalities ofof Silang,
Silang, Carmona,
Carmona,
and
and GMA
GMA in in the
the Province
Province of of Cavite;
Cavite; Municipalities
Municipalities ofof Malvar,
Malvar, Sto.
Sto. Thomas
Thomas and and Tanauan
Tanauan in in the
the Province
Province
of
of Batangas;
Batangas; the the municipality
municipality of of Lucban
Lucban inin Quezon;
Quezon; thethe municipalities
municipalities of of Angono,
Angono, Baras,
Baras, Binangonan,
Binangonan,
Cainta,
Cainta, Cardona,
Cardona, Jala-Jala,
Jala-Jala, Morong,
Morong, Rodriguez,
Rodriguez, Tanay,
Tanay, Taytay,
Taytay, Teresa,
Teresa, SanSan Mateo,
Mateo, and
and Pililla
Pililla in
in the
the
Province
Province ofof Rizal,
Rizal, Municipality
Municipality of of Pateros
Pateros ofof Metro
Metro Manila;
Manila; the
the cities
cities of
of Taguig,
Taguig, Pasig,
Pasig, Quezon,
Quezon, Manila,
Manila,
Marikina,
Marikina, Pasay,
Pasay, Muntinlupa,
Muntinlupa, Kalookan,
Kalookan, San
San Pablo,
Pablo, Calamba,
Calamba, Sta.Sta. Rosa,
Rosa, Tagaytay
Tagaytay andand Antipolo.
Antipolo.
The
The above-named
above-named personnel
personnel is
is required
required to
to submit
submit his
his report
report within
within five
five (5)
(5) days
days after
after inspection
inspection
to
to the Officer-In-Charge, Surveillance
the Officer-In-Charge, Surveillance and
and Monitoring
Monitoring Division.
Division.
Any
Any person
person who
who refuses
refuses to
to allow
allow the
the ingress
ingress and
and egress
egress ofof its
its premises
premises subject
subject ofof this
this Mission
Mission
Order
Order for
for the
the above-mentioned
above-mentioned purpose/s
purpose/s shall
shall be
be prosecuted
prosecuted to
to the
the fullest
fullest extent
extent of
of the
the law
law pursuant
pursuant to
to
Memorandum
Memorandum Circular
Circular No.
No. 2,
2, Series
Series ofof 1997,
1997, in
in conjunction
conjunction with
with Section
Section 39-A
39-A ofof R.A.
R.A. 4850,
4850, as
as
amended.
amended.
This
This Mission
Mission Order
Order is
is only
only valid
valid from
from 06
06 January
January until
until June
June 30,
30, 2015.
2015.
Issued
Issued this
this 17th
17th day
day of
of February
February 2015,
2015, Quezon
Quezon City.
City.

J.
J. R.
R. NEREUS
NEREUS O. O. ACOSTA,
ACOSTA, Ph.D.
Ph.D.
Secretary/Presidential Adviser
Secretary/Presidential Adviser for
for Environmental
Environmental Protection
Protection
General Manager,
General Manager, Laguna
Laguna Lake
Lake Development
Development Authority
Authority
 ACCESS TO PREMISES FOR INSPECTION
The permit holder shall provide immediate, safe, and adequate access to authorized representatives of the Authority or inspectors
after showing proper LLDA Inspector’s ID and Mission Order. (LLDA Board Resolution 33, Series of 1996).
Evidences of a Refusal of Entry Case:
1. failure to provide LLDA inspector/s immediate ingress to the premises of the establishment within 30 minutes;
2. causing or committing acts against the LLDA Inspector/s that delay or impede monitoring/ inspection;
3. other analogous circumstances.

If the inspection team is unable to conduct inspection due to any of the above circumstances, it may result to violation and
issuance of a REFUSAL OF ENTRY CASE to be handled by our Legal and Adjudication Division.
Legal Basis: (LLDA Memo Circular 2015-01)

Penalty for Refusal of Entry

• First Offense: An Administrative Fine of PHP 25,000.00
• Second Offense: Ex-Parte Cease and Desist Orders
Section 27 of CWA of 2004: Prohibited Acts includes: k) Refusal to allow entry, inspection and
monitoring by the Department pursuant to this Act.
 WASTEWATER SAMPLING
Labelling of wastewater sample –
Properly labeled, signed and
Sampling using intermediate container
sealed sampling bottles.

Split Sampling - A single grab

sample that is separated
into at least two parts such
that each part is
representative of the
original sample.
 DAILY PENALTY
Aside from assessing higher variable fee for the EUFS, a daily penalty shall be imposed for every day of violation:
a. Non-compliance of the wastewater samples to the effluent standards - PHP 10,000 per day
b. Reckoning Period for imposition:
1. From the date the results of laboratory analysis of the wastewater samples collected was released from
the Resource Management and Development Department of LLDA;
2. In the case of oil spillage or accidental discharges of related petro-chemicals and other chemicals - from
the date wastewater samples were taken.

Legal Basis : LLDA BR 404 s 2011 – an LLDA Board Resolution adopting the fines and penalties imposed under Section 28 of
R.A. 9275 of 2004 and for this purpose modifying and amending Section 32 of Article VI of LLDA B.R. No. 33 S. of 1996.
ENFORCEMENT OF A CEASE AND DESIST ORDER

As per Memorandum
Order No. 97-99 Series
of 1997
Cease and a. BOD
Desist concentration
Order exceeds 500mg/L;
(CDO) b. Concentration of
any heavy metal
is exceeding
twice the
standards;
c. Concentration of
any other
physico-chemical
parameter is
exceeding 10
times the
standards;
d. Value of pH is 3
or above 11
JURISPRUDENCE ON LLDA
ENVIRONMENTAL REGULATIONS
 SUPREME COURT DECISIONS
1. LLDA versus Court of Appeals, GR No. 110120, March 16, 1994; 231 SCRA 292:

 LLDA has the power and authority to issue a “cease and desist order” under RA 4850 and its amending laws;

 LLDA as a special charter has the responsibility to protect the inhabitants of the Laguna Lake region from the deleterious effects of pollutant
emanating from the discharge of wastes from surrounding areas;

 As a general rule, adjudication of cases generally pertains to the Pollution Adjudication Board (PAB) except in cases where the special law
provides for another forum.

2. Portland Concrete Corporation versus LLDA, GR No. 134363, December 7, 1998:

 The issuance of Cease and Desist Order by the LLDA is the proper exercise of its power and authority under its charter and its amendatory laws.
 SUPREME COURT DECISIONS
3. Pacific Steam Laundry;

4. Alexandra Condominium;

5. SM Primeholdings, Manila
 LLDA has the power to impose fines in the exercise of its function as a regulatory and quasi-judicial body with
regard to pollution cases in the Laguna Lake Region;

 Citing Section 4(d) of EO 927, the SC said the agency has the power to “make, alter, modify orders, requiring
the discontinuance of pollution specifying the conditions and time within which such discontinuance must be
accomplished”

 The intendment of the law is to clothe LLDA not only with the express powers granted to it, but also those
which are implied or incident but, nonetheless, necessary or essential for the full implementation of its purposes
and functions.
Laguna Lake Development Authority

Supports the Battle for Manila

“ Ikaw, Ako, Tayo Ang Kalikasan Laguna Lake
Manila Bay Ating Alagaan” Development Authority
LLDA Green Building,
National Ecology Center
Compound, East Avenue,
Diliman, Quezon City,
Philippines
Contact Nos. +632 - 376-
4072

Homepage:
www.llda.gov.ph