In pursuit of the declared policy of the state to protect and conserve the Laguna de Bay Region under RA 4850 as amended, and pursuant to Articles II and IV of Board Resolution No. 33, Series of 1997, which states that: 

“Article II, Section 5.  Requisites for Discharge Permit – Any person who shall discharge in any manner, liquid waste into the Laguna de Bay Region shall secure a discharge permit from the Authority xxx.”  

including the relevant provisions of Philippine Clean Water Act of 2004 (RA 9275), declaring, among others, that: 

“Section 14. 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 xxx.” 

and in order to effectively implement the Environmental User Fee System (also known as Wastewater Charge System under RA 9275) in the Laguna de Bay Region, pursuant to Board Resolution No. 322, Series of 2007, the following guidelines are hereby adopted:

I.  Coverage

These guidelines shall apply to all development projects, installations and activities that discharge effluent and/or liquid waste into any body of water within the Laguna de Bay Region, classified as Inland Waters Class “C” and Marine Waters Class “SC”. 

II.  Requirements for Discharge Permit Application

As a general rule, all applications for Discharge Permit must be submitted with complete documentary requirements, as follows:  

2.1    For new applications

c)   Duly accomplished and notarized Application Form; 

b)   Water bills/reading registered in the name of the applicant:

i.    If the source of water is from supplier/provider, water bills/reading for the last three (3) months; and or

ii.    If the source of water is from groundwater/deepwells, water permit or water permit application from NWRB;

iii.  If the water source is from surface water, water permit or water permit application from LLDA. 

c)   Water Treatment Facility Lay-out with complete specifications of the treatment process duly signed and sealed by a licensed structural/civil or sanitary engineer who prepared the report and countersigned by the owner;   

d)    Engineer’s Report/Technical Report consisting of: 

                                     i.     The declaration of product capacity stating the quantity or volume and the generic name(s) of products(s), the nature and character of applicant’s waste, its chemical composition, total daily volume of discharge of raw waste, treatment process and estimate treatment efficiency, and

                                   ii.   The total daily volume of water composition and discharge of finally treated waste or effluent   

e)   For establishments discharging on a by-batch mode, schedule of Discharge in tables or report (if schedule is not fixed, a projected schedule of at  least a month shall be attached);   

f)   For LLDA Clearance-exempted projects, Government issued documents as proof existence (e.g. BIR, LGU certificate of occupancy, SSS, mechanical permit, etc. dated before 1976) 

2.2    For Renewal application 

        Duly accomplished and notarized Application Form; 

The application form and its supporting documents shall be filed in two (2) copies. The third copy will be retained by the proponent as a received copy. 

The LLDA shall accept only complete applications.

III. Assessment of Environmental User Fees 

Environmental User Fee , as defined under the RA 9275 and LLDA BR No. 322 is a fee paid for every unit of pollution loading that is discharged into receiving bodies of water within the Laguna de Bay Region.  It is composed of fixed fee and variable fee which are payable in full upon filing of application, including payment of processing fee. 

IV. Computation of Variable Fee 

The variable fee shall be assessed based on the unit load of pollution which is computed as the product of the concentration of the pollutant, volumetric rate of discharge, and number of discharge days.  The annual variable fee of a permit applicant or discharger for the shall be assessed based on the data provided by the applicant in the submitted application form, previous year’s self-monitoring reports, if any, and other data available in the LLDA.  The variable fee rate per unit load of pollution is set/approved by the LLDA Board of Directors. 

4.1    New Applications 

The values used in the computation of variable fee are as follows: 

a)    Effluent concentration (C, mg/l) shall be based on the results of laboratory analysis of actual effluent samples by LLDA or from the  outside/in-house laboratory. Likewise, projected effluent quality stated in the design documents of the treatment plant or facility can be also used.         

b)    Volumetric flow rate of the final effluent discharge (Q, m3/day) shall be obtained from the results of actual flow measurements of the effluent or from the projected effluent flow rate used as a basis for the design of the treatment plant or facility. 

For industries/establishments generating domestic wastewater only, volumetric flow rate shall be assumed as eighty percent (80%) of the water consumption. The latest three (3) months water bills from the water supplier or provider shall be used as a basis. 

c)    Number of Discharge Days (D) in a year or period for which the waste load is calculated shall be obtained from the records of actual number of effluent discharge days or from the projected number of effluent discharge days in the project description or Engineer’s Report. 

4.2    Renewal Applications 

Effluent concentrations, volumetric rate of discharge and number of days with discharge shall be based on values used in the previous year’s computation of actual pollution loading of covered/regulated parameters (Biochemical Oxygen Demand or BOD or Total Suspended Solids or TSS) and/or other pollutant parameters as may be subsequently covered under the EUFS.  

4.3    Variable Fee for Domestic Wastes 

Only those with more than twelve (12) m3/day wastewater discharge or with more than two hundred twelve (212) employees whose domestic wastewater is not being treated in any existing treatment facility or not connected to any service provider, such as industrial parks/estates and MWSS concessionaires, shall be charged with additional variable fee. 

The variable fee shall be assessed based on the unit load of pollution which is computed as the product of the number of employees, factor (f) as an estimated pollution loading per person for eight (8)-hour stay in the office (6.9/3 kg per year), remaining untreated pollution after passing the septic tank (30% – efficiency of septic tank) and the user fee rate of five pesos per kg (Php5.00/kg), or the adjusted rate which the LLDA Board of Directors may subsequently prescribed.  

V.    Approval and Issuance of Discharge Permit 

The Discharge Permit (DP) shall be issued subject to such conditions as the Authority may impose including, but not limited to: 

a)    Compliance with the effluent standards;

b)    Submission of quarterly Self-Monitoring Reports;

c)    Submission of DENR Identificaiton Number as hazardous waste generator;

d)    Maintenance of logbook containing records of the operation of the treatment facilities;

e)    Renewal of Discharge Permit one (1) month prior to expiration;

f)    Provision of flow measuring device;

g)    Submission of Pollution Control Officer’s accreditation / certificate of at least four (4) hours of relevant training/seminar/workshop; and

h)    Submission of spills Emergency Response Management Plan 

Failure to comply with any of the conditions of the issued Discharge Permit shall be subject to administrative fine under Board Resolution No. 42, Series of 1997. 

Upon approval of the Discharge Permit, a copy thereof and a letter reminding them to claim the DP within a specified period shall be sent via facsimile. The proponent shall be liable to any permit condition/s violated after the notification of approval.    

VI.  Surcharges and Credits on Annual User Fees 

Upon renewal of the Discharge Permit, actual pollution loading shall be computed based on the results of LLDA laboratory analysis and the submitted Self-Monitoring Reports. If actual loading is lower than the declared loading, the permit holder is entitled to a credit of a portion of variable fee corresponding to the reduced loading. However, in the event that actual loading is greater than the declared loading, the Authority shall impose surcharges depending on the nature of exceedance: 

a)     If actual loading is greater than the declared loading but complying with  the charged parameter, five (5) percent interest shall be imposed. An additional five (5) percent per month on the base amount shall be charged forty five (45) days upon issuance of billing statement or after approval of letter/Order to Pay.  

b)     If actual loading is greater than declared loading, but failed to conform with the effluent standards for the charging parameter, five (5) percent surcharge per month shall be imposed after the issuance of second demand letter or after granting or denial of motion/request for reconsiderations. 

c)      If the company availed of the staggered payment of Environmental User Fee as prescribed under LLDA Board Resolution No. 298, Series of 2006, an additional five (5) percent per month on the base amount shall be imposed if the company failed to pay on the specified period stated in the letter granting its request.

VII.    Allowable Exceedance 

Allowable loading means the maximum loading that a permit holder is allowed to discharge into the environment. It is based on the maximum BOD/TSS concentration or the prescribed effluent standards and not on the declared loading. 

Allowable exceedance is based on the volumetric rate of discharge expressed in m³/day.  A discharge within twenty percent (20%) of the allowable discharge as specified in the permit and not more than two (2) consecutive periods or quarters is said to be allowable discharge, provided the discharger/industry/establishment satisfies any of the following conditions: 

a)     with expansion in terms of production capacity;

b)     increase in manpower;

c)      increase in number of occupants; or

d)     increase in number of locators. 

Justifications on the increase in volumetric rate of discharge must be stated in the Self-Monitoring Reports or attached during renewal of Discharge Permit.

VIII.  Renewal/ Revalidation of Discharge Permit 

Pursuant to LLDA Board Resolution No. 298, Series of 2006, the Discharge Permit (DP) shall be valid for one (1) year to a maximum period of three (3) years depending on the environmental performance of a permit holder, subject to suspension, revocation or pre-termination, revalidation/renewal, or as the case may be.  

The Discharge Permit may be renewed at least thirty (30) days before its date of expiration. If the due date falls on Saturdays, Sundays or holidays, payment may be done on the next working day.  The renewal application shall not be received unless and until all previously assessed user fees or pollution charges shall have been fully paid and the owner or operator shall have complied with other previously imposed conditions.  

Revalidation of Discharge Permit shall be not earlier than one (1) month before the revalidation date specified in the issued Discharge Permit.  

Failure on the part of the permit holder to renew/revalidate during the specified period shall be subject to administrative fine under LLDA Board Resolution No. 42, series of 1997.

IX.    Suspension or Revocation of Discharge Permit  

The Authority may suspend or revoke any permit issued on any of the grounds stated under Section 14 of LLDA Board Resolution No. 33, Series of 2006.

Accordingly, the LLDA shall take action against violations of a permit holder as follows:  

a)     First Offense        :  Warning or Reprimand  

b)     Second Offense    :  Suspension of Discharge Permit  

c)  Third Offense          :  Pre-termination or revocation of Discharge Permit  

No order of suspension, pre-termination or revocation of the permit shall take place without written notice from the Authority stating the cause for such action, served to the respondent. The order of suspension or revocation of the permit shall take effect fifteen (15) days from receipt of the notice by the respondent. Within the fifteen (15)-day period from receipt of the notice, respondent may file a written petition for the hearing of said order with the Authority. In the event that the respondent fails to file the written petition for hearing within this prescribed period, the order shall become final and executory.

X. Repealing Clause  

All circulars, orders, rules and regulations, memoranda and other issuances inconsistent with or contrary to the provisions of this Circular are hereby repealed/amended or modified accordingly.

XI. Effectivity 

This Memorandum Circular shall take effect immediately.  

Approved on 08 May 2008.