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Laguna Lake Development Authority Board Resolution No. 322, Series of 2007 |
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APPROVING
THE MODIFICATION OF CERTAIN PROVISIONS OF THE ENVIRONMENTAL USER FEE
SYSTEM (Wastewater
Charge System) IN THE LAGUNA DE BAY REGION
WHEREAS, the Environmental User Fee System (EUFS) was approved for implementation in the Laguna de Bay Region under LLDA Board Resolution No. 25, Series of 1996; WHEREAS,
under Board Resolution No. 33, Series of 1996, “Adopting the Rules
and Regulations Implementing the Environmental User Fee System in
the Laguna de Bay Region”, all development projects, installations
and activities that discharge liquid waste into and pose a threat to
the environment of the Laguna de bay Region, thus covering
industrial, commercial, domestic and agricultural sources, are
covered by the system; WHEREAS,
the Philippine Clean Water Act (Republic Act No. 9275) was enacted
in 2004 for the protection, preservation and revival of the quality
of our fresh, brackish and marine waters; WHEREAS,
Article 2 of Chapter 2 of RA 9275 on Water Pollution Permits and
Charges promulgates the implementation of a wastewater charge system
in all management areas including Laguna Lake Region and Regional
Industrial Centers and all other areas through the collection of
wastewater charges/fees; WHEREAS,
Section 5 of the RA 9275 specifies that the areas within the
jurisdiction of LLDA shall be designated as one management area
under the Administration of LLDA in accordance with RA 4850 and that
the standards and wastewater charge system of the CWA should be
followed by LLDA; WHEREAS,
under Task 1, Component 2 of Laguna de Bay Institutional
Strengthening and Community Participation (LISCOP) there is a need
to harmonize the LLDA’s Environmental User Fee System with the
Wastewater Charge System of DENR under the Philippine Clean Water
Act of 2004;
APPROVED on March 22, 2007.
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(SGD)
CIRIO
H. SANTIAGO Chairman |
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(SGD)
Sec.
ANGELO T. REYES Director |
(SGD)
ZENAIDA C. MAGLAYA Director |
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(SGD)
CORAZON
BAUTISTA-CRUZ Director |
(SGD) EDGARDO C. MANDA Director |
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(SGD) AUGUSTO B. SANTOS Director |
(SGD) NICANDRO D. NATIVIDAD Director |
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(SGD)
ANGELITO S.LAZARO Director |
(SGD) GERARDO V. CALDERON Director |
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(SGD) CASIMIRO A. YNARES III, M.D Director |
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ATTESTED BY: (SGD)
ATTY JOAQUIN
G. MENDOZA Board Secretary |
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ANNEX
A IMPLEMENTING
RULES AND REGULATIONS OF THE MODIFIED WASTEWATER CHARGE SYSTEM IN
THE LAGUNA DE BAY REGION Section
1. Objective To harmonize the LLDA’s Environmental User Fee System with the Wastewater Charge System of DENR under the Philippine Clean Water Act of 2004; Section
2. Definition of Terms Abstracted
Water – refers to
all the water supply/supplies, intake(s) or sources(s) that is (are)
used by an industrial or commercial or other establishment or entity
in any process, operation, or activity resulting in the generation
of water that is discarded or discharged. For industrial parks
and/or similar entities operating common and/or centralized
wastewater or sewage treatment plants into which wastewater or
sewage generated by locators are discharged, abstracted water refers
to the water supplied by such industrial park or similar entity for
the use of its locators Domestic
Sewage – refers to
water discharged after use for personal hygiene and sanitation or
other household uses Effluent
– is a general term denoting any wastewater, partially or
completely treated, or in its natural state or liquid waste flowing
out through a pipe or a single outlet structure from a
manufacturing/industrial plant or wastewater treatment plant Effluent
concentration in the wastewater charge formula
– refers to the arithmetic mean of the actual effluent
concentrations of priority pollutant parameter (e.g. BOD or TSS) Priority Pollutant Parameter - refers to that parameter or aggregation of substances in the wastewater discharge that has the greatest potential for adverse environmental impacts or risks to public health and safety Section
3. Coverage These guidelines shall apply to all establishments in the Laguna de Bay Region covered by the Wastewater Charge System.
Section
4. Exemptions The following activities, projects, installations are exempted from securing Discharge Permit:
Section
5. Discharge
Permit The
Authority shall require owners or operators of facilities that
discharge any liquid wastes or regulated effluents pursuant to this
Board Resolution to secure a permit to discharge. As such, any
person shall file an application in two (2) copies using prescribed
forms. The
Discharge Permit shall be the legal authorization granted by the
Authority to discharge wastewater: Provided, that 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. One (1)
Discharge Permit shall be issued for one industry/establishment even
if with multiple outlets or outfalls or points of discharge;
provided that the source(s) of the multiple outlets or outfalls or
points of discharge are from only (1) common project or facility in
a contiguous geographical area.
Section
6. Fees
for Discharge Permit The
Discharge Permit Fees shall comprise three (3) types of fees: i.
Processing Fee ii.
Fixed Fee iii.
Variable Fee Processing Fee Upon
filing of application for a Discharge Permit, a processing fee in
the amount of PhP5,000.00 shall be paid. Schedule of Fixed Fees The
fixed fee will cover the cost of program administration including
but not limited to cost of inspection/sampling and cost of
laboratory analysis. It will be dependent on volumetric rate of
discharge per outlet or outfall or point of discharge and according
to the following schedule:
Schedule of Variable Fee The
variable fee is based on the net waste load model prescribed
pursuant to Chapter 2, article 2, section 13 of the Philippine Clean
Water Act and Rule 13 of the DAO 2005-10.
The Variable Fee shall be calculated on the basis of only one (1) priority pollutant parameter and shall be calculated for each outlet or outfall or point of discharge. While
there is no limit for the maximum number of discharge outlets from
the entity, establishment, factory, or other regulated source, the
division of discharge streams into or among several outlets shall
not result to qualification to Section 3, (exemption) of this Board
Resolution. However,
net waste load shall be limited to industry/establishment who
abstract water from surface water. If the source of water is from
groundwater or water suppliers (district or service providers), the
concentration of water intake shall be assumed as zero or negligible
priority pollutant parameter. Section
7. Selection
of Priority Pollutant Parameter For industrial or commercial wastewaters with high organic or biodegradable materials, the charging parameter is 5-day Biochemical Oxygen Demand (BOD5) while for wastewaters with high inorganic or non-biodegradable materials the charging parameter is Total Suspended Solids (TSS). In the event that the wastewater discharge is a combination of organic and inorganic materials, BOD5 shall be applied. Table 1 shall be used to select the Priority Pollutant Parameter (PPP). Table 1
Selection of Priority Pollutant Parameter
The
average concentration of PPP in the effluent, Cf, shall
be the arithmetic mean of the PPP concentration for the period
(typically one year) for which the net waste load is calculated,
expressed in mg/l (or g/m3), provided that the
concentrations are all complying or non-complying with the effluent
standards. Section 8. Determination of
Priority Pollutant Parameter Concentration in the Abstracted Water
Where
there is only one (1) source of water supply, the average
concentration of PPP in abstracted water source, Ca, shall be the
arithmetic mean of the PPP concentrations in the single abstracted
water source for the period for which the net waste load is
calculated (typically one year) expressed in mg/l (or g/m3). Where
there are multiple (more than one) sources of water (abstracted
water) used in the process, operation, or activity, that results in
the generation of water that is discarded or discharged at an outlet
or outfall or point of discharge, the arithmetic mean concentration
of the priority pollutant parameter shall be determined from the
abstracted water source with the best quality (lowest arithmetic
mean value of the applicable priority pollutant parameter).
Section
9. Unit Rate of Charge The
prevailing unit rate of charge of Php5.00/kg for complying and
Php30.00/kg for non-complying industries shall be applied until such
time as the proposed supplemental guidelines of DAO 2005-10 is
approved. Section
10. Repealing Clause All
orders, rules and regulations or parts thereof, which are
inconsistent with any of the provisions of this Board Resolution are
hereby repealed or modified accordingly.
Section
11. Effectivity This
resolution shall take effect fifteen (15) days after publication in
a newspaper of general circulation. APPROVED on March 22, 2007. |
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(SGD)
CIRIO
H. SANTIAGO Chairman |
|
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(SGD)
Sec.
ANGELO T. REYES Director |
(SGD)
ZENAIDA C. MAGLAYA Director |
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(SGD)
CORAZON
BAUTISTA-CRUZ Director |
(SGD) AUGUSTO B. SANTOS Director |
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(SGD) NICANDRO D. NATIVIDAD Director |
(SGD)
ANGELITO S.LAZARO Director |
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(SGD) GERARDO V. CALDERON Director |
(SGD) EDGARDO C. MANDA Director |
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(SGD) CASIMIRO A. YNARES III, M.D Director |
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ATTESTED BY: (SGD)
ATTY JOAQUIN
G. MENDOZA Board Secretary |