In the interest of the service and in order to ensure effective implementation of pollution control rules and regulations as well as the Environmental User Fee System in the Laguna de Bay Region in all fastfood stores, restaurants and similar establishments, the following rules and regulations implementing Board Resolution No. 191, Series of 2003 are hereby adopted:

I.            APPLICATION OF EFFLUENT STANDARD

In general, all fastfood stores, restaurants and similar establishments¹ shall comply with the standards for Inland Waters Class “C” under DAO 35.  However, the following interim effluent standards are prescribed for wastewater discharges by these establishments for a period of two (2) years, subject to review at the expiration of approved Board Resolution No. 191, Series of 2003:

II.            PROCESSING OF DISCHARGE PERMIT²  

Discharge Permit applications of existing stores covered by Board Resolution No. 191, Series of 2003, shall be submitted within three (3) months after the signing of the Memorandum of Agreement (MOA).  Received applications for discharge permit (DP) shall be processed and issued if all the requirements have been duly complied with. Incomplete application documents and partial payment of fees shall not be accepted. Fees to be paid are fixed fee and processing fee.

III.            ASSESSMENT OF ENVIRONMENTAL USER FEES

A user fee shall be assessed for any discharger located within the Laguna de Bay Region that makes use of the lake or its tributary rivers and streams for the purpose of disposing liquid waste or wastewater. It shall be comprised of the fixed fee based on the volumetric rate of discharge and variable fee, which will be based on the unit load of pollution. The user fee shall be the total of the fixed fee and the variable fee.

The following guidelines shall govern the scheme for the assessment and payment of environmental user fees for these establishments within the Laguna de Bay Region:

a.      Schedule of Fixed Fee. The fixed fee shall cover the administrative cost of implementing the environmental user fee program and will be dependent on the volumetric rate of discharge and according to the following schedule:

Volumetric Rate of Discharge	Fixed Fee3
Within 12 m3/day	P  6,800
More than 12 m3/day	P12,000

b.      Schedule of Variable Fee. The variable fee will be assessed based on the unit load of pollution, which is computed as the product of the volumetric rate of discharge and the BOD₅ interim effluent concentration. The schedule of the variable rate presented below shall apply:

 

c.  User Fee Assessment/Payment.  User fee shall be assessed and paid annually, subject to surcharge and credit.  Updating of the user fee shall be made not later than one (1) month after the scheduled submission of the last annual Self Monitoring Report (SMR).

d.  Available and verifiable data such as those provided in the officially submitted SMR may be used in the EUF computation.

 

IV.            COMPLIANCE MONITORING ACTIVITIES

The Authority shall subject establishments with either valid Discharge Permit (DP) or pending discharge permit application to periodic monitoring/inspection. Initial compliance monitoring shall be mandatory before a DP can be issued. 

If no wastewater sample is collected during the initial inspection, the DP may be recommended for issuance subject to submission of Self Monitoring Reports. If no wastewater sample is collected because there is no working or efficiently operating drainage system and/or no appropriate sampling station, these shall be required as conditions in the DP to be issued, subject to random inspections and evaluation.⁴

V.            SECOND YEAR REVALIDATION OF ISSUED DISCHARGE PERMIT

All DPs to be issued individually to fastfood stores, restaurants and similar activities shall be approved by the General Manager and shall be valid for two (2) years subject to revalidation at the onset of the second year of implementation.

For the revalidation of the DP, the Pollution Control Officer (PCO) or the grantee’s authorized representative shall bring the approved original DP to the Pollution Control Division.  Payment of all applicable fees (including fines if applicable) such as processing fee, fixed and user fees shall be made prior to revalidation. The revalidation process of the DP shall be completed within the same day it is being renewed, provided all applicable fees/fines are paid in full.

The Chief of the Pollution Control Division of LLDA shall affix his/her signature to the revalidated DP. In his/her absence, the Chief of the Permitting Section (PS) or Monitoring and Enforcement Section (MES) or the Environmental Impact  Assessment and Policy Section (EIAPS), in this specific order, may affix the signature in the PCD Chief’s name.

VI.            RENEWAL OF DISCHARGE PERMIT

At the end of the second year of implementation, the establishments shall apply for renewal of the Discharge Permit at least thirty (30) calendar days before its date of expiration and only processing and fixed fees will be paid. Payment of the variable fee shall be made only after proper assessment of the program for fastfood stores, restaurants and similar establishments under Board Resolution No. 191, Series of 2003, but not later than thirty (30) calendar days after receipt of due notice from the Authority.

VII.      SELF-MONITORING SAMPLING AND REPORTING

Pollution Control Officers of valid discharge permit holders shall submit notarized Self-Monitoring Reports (SMR) to the Authority on a regular basis in accordance with the following:

a)     Establishments with volumetric rate of discharge equal or less than twelve cubic meters per day (12 m³/day) shall perform self-monitoring analysis on the regulated effluent parameters every six (6) months and shall submit the semestral report annually;

b)     Establishments with volumetric rate of discharge of more than twelve cubic meters per day (12 m³/day) shall perform self-monitoring analysis on the regulated effluent parameters every three (3) months and shall submit the report every six (6) months;

c)      The SMR form to be used shall be in accordance with the format specified in Module 3 of the DENR Administrative No. 2003-27, Series of 2003, or any LLDA prescribed form.

d)     Submission of completed SMR shall be in printed or hard copies. Electronic submission through the internet may be made when the LLDA system is already available⁶. Only duly notarized SMR forms with completed entries duly signed by the PCO and the CEO shall be accepted.

e)     A SMR is deemed acceptable if the Authority does not issue a  “Notice of Deficiency” within fifteen (15) working days upon receipt of such report.

VIII.            DISCHARGE PERMIT CONDITIONS AND OTHER REQUIREMENTS

In addition to the aforementioned requirements, the following shall likewise be complied with:

a.      Submission of monthly water bills issued by the local water authorities where the establishment is located.  Establishments  getting water from deep wells shall be required to monitor and record its daily water abstraction by providing appropriate flow meters or any appropriate flow measuring device. The water bills and/or abstraction rate data shall be submitted together with the required SMR.

b.      Accreditation of designated Pollution Control Officer for each establishment. PCO qualifications shall be in accordance with the provisions of LLDA Memorandum Circular No. 99-02, Series of 1999.

Companies operating more than one establishment may designate, in addition to the required establishment/store-level accredited PCO, a corporate PCO who may represent, file and follow-up applications and other transactions with LLDA. The corporate PCO shall be duly accredited by LLDA.

c.      Maintenance of a logbook containing records regarding wastewater management where LLDA inspector-engineer shall affix his/her signature during sampling/inspection activity.

d.      Provision of an effluent flow-measuring device to quantify the actual treated wastewater for those who may be discharging more than 12 cubic meters per day.⁴

IX.            FASTFOOD STORES, RESTAURANT AND SIMILAR ESTABLISHMENTS IN SEWERED AREAS

Establishments located in area(s) where the discharged wastewater drains into a sewage disposal system⁵ shall be exempted from securing a Discharge Permit. If located in an area served by a sewage disposal system but not yet connected, the establishment shall be required to apply for interconnection with the local sewer authority. The establishment shall submit a certificate of interconnection and treatment of its generated wastewater from the local sewer authority to exempt them from the requirements of a discharge permit.

X.            REQUIREMENT FOR LLDA CLEARANCE

LLDA Clearance requirements will be in accordance with the provisions of Memorandum Circular No. 4, Series of 2001, providing the “Guidelines in the Processing of LLDA Clearance Applications for Fastfood, Restaurants and Similar Business Establishments”.

In the case of violation of the requirement to secure a valid LLDA Clearance (LC) prior to undertaking development activity within the Laguna de Bay Region, appropriate administrative fine shall be imposed in accordance with the provisions of Board Resolution No. 42, Series of 1997 as amended by Board Resolution No 146, Series of 2000.

XI.            MISCELLANEOUS PROVISIONS

1.      Non-compliance with the interim effluent standards shall be subject to the provisions of  P.D. No. 984.  Similarly, any violation of these provisions, including permit conditions will be subject to Board Resolution No. 42, Series of 1997.

2.      All fastfood stores, restaurants and similar establishments with pending water pollution cases may qualify under these rules, provided that they:

a)     Meet the interim effluent standards, and

b)     Have paid in full all applicable fines / penalties . 

3.      Submission of the proposed environmental enhancement programs/projects  as required in the MOA and Board Resolution No. 191, Series of 2003 including fund allocation should be  submitted within three (3) months after the signing of the MOA. Failure to submit within the prescribed period will mean suspension of specified establishment from the coverage of Board Resolution No.  191.

XII.            AMENDMENTS

The Authority may amend this Circular or issue supplemental guidelines for the effective implementation of these rules and regulations.

XIII.            EFFECTIVITY

These rules and regulations shall take effect immediately after the signing of the Memorandum of Agreement among the LLDA, DENR and the designated fastfood companies on the implementation of Board Resolution 191, Series of 2003.

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¹ For brevity “establishments” shall refer to as “all fastfood stores, restaurants and similar establishments” in this circular

² For new establishments applying for DP during the second year of implementation, the DP that will be issued will be valid only until the end of the second year.

³ Prevailing rates and subject to change

⁴ If it would be impractical to install a flow measuring device, the effluent flowrate may be determined with reference to the water  consumption

⁵ LLDA is developing a system to allow the submission of SMR thru the internet.

⁶ A system of collection, transportation, treatment and disposal of sewage.