DAO2005-10-Clean-Water-Act-IRR

Republic of the Philippines Department of Environment and Natural Resources (DENR) Administrative Order No. 2005-10

Subject:

Implementing Rules and Regulations of the Philippine Clean Water Act of 2004 (Republic Act No. 9275).
Issued on May 16, 2005.
Coordinated with the Committee on Environment and Natural Resources of the Senate and the Committee on Ecology of the House of Representatives.

Rule 1. Title

These rules are known as the Implementing Rules and Regulations (IRR) of the Philippine Clean Water Act of 2004.

1.1 Reference

The text of Republic Act No. 9275 (CWA) is reproduced for reference.

1.2 Effectivity of the CWA

Published on April 21, 2004.
Took effect on May 6, 2004.

CHAPTER 1: GENERAL PROVISIONS

Article 1: Declaration of Principles and Policies

SECTION 1. Short Title

The Act shall be known as the “Philippine Clean Water Act of 2004.”

SEC. 2. Declaration of Policy

The State shall pursue economic growth consistent with the protection, preservation, and revival of the quality of fresh, brackish, and marine waters.
The framework for sustainable development shall be pursued.

Policy Statements:

Streamline processes and procedures in the prevention, control, and abatement of pollution of the country's water resources.
Promote environmental strategies, use appropriate economic instruments, and control mechanisms for the protection of water resources.
Formulate a holistic national program of water quality management that recognizes that water quality management issues cannot be separated from concerns about water sources and ecological protection, water supply, public health, and quality of life.
Formulate an integrated water quality management framework through proper delegation and effective coordination of functions and activities.
Promote commercial and industrial processes and products that are environment friendly and energy efficient.
Encourage cooperation and self-regulation among citizens and industries through incentives and market-based instruments and promote the role of private industrial enterprises in shaping its regulatory profile within acceptable boundaries of public health and environment.
Provide for a comprehensive management program for water pollution focusing on pollution prevention.
Promote public information and education and encourage the participation of an informed and active public in water quality management and monitoring.
Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program, or activity.
Encourage civil society and other sectors, particularly labor, the academe, and business undertaking environment-related activities in their efforts to organize, educate, and motivate the people in addressing pertinent environmental issues and problems at the local and national levels.

Rule 2. Interpretation of the Declaration of Policy

The policy statements shall be interpreted collectively.
Regulations and decisions shall be implemented with due consideration of this policy.
Issues and cases shall be resolved fairly and objectively.
The CWA and these rules shall be construed liberally in favor of protecting the quality of water resources and public health.

SEC. 3. Coverage of the Act

This Act applies to water quality management in all water bodies.
It primarily applies to the abatement and control of pollution from land-based sources.
Water quality standards and regulations, civil liability, and penal provisions shall be enforced irrespective of sources of pollution.

Rule 3. Applicability of the CWA to marine pollution and disposal of effluents on land

3.1 Applicability of standards

The Department shall formulate and apply standards for the transport and disposal of effluent, sewage, and septage offsite (whether offshore or on land) and disposal of industrial wastewater on land.
The DA shall develop guidelines for re-use of wastewater for irrigation purposes or as soil conditioner or fertilizer, provided that the discharge of effluents on land shall comply with conditions provided under Rule 14.6 herein.

3.2 Penalties

The penalties under Sec. 28 of the CWA shall apply to offenses committed under the Marine Pollution Decree (P.D. No. 979, as amended) and administrative penalties for aquatic pollution, without prejudice to criminal sanctions under the Fisheries Code.

3.3 Enforcement

The Department shall coordinate with the Philippine Coast Guard regarding the enforcement of standards and regulations in offshore areas, including the discharge of wastewater by ships.

Article 2: Definition of Terms

SEC. 4. Definition of Terms

a) Aquifer - A layer of water-bearing rock located underground that transmits water in sufficient quantity to supply pumping wells or natural springs.

b) Aquatic life - All organisms living in freshwater, brackish, and marine environments.

c) Beneficial use - The use of the environment or any element or segment thereof conducive to public or private welfare, safety, and health, including:
1. Use of water for domestic purposes (drinking, washing, bathing, cooking, etc.).
2. Use of water for municipal purposes (supplying water requirements of the community).
3. Use of water for irrigation (producing agricultural crops).
4. Use of water for power generation (producing electrical or mechanical power).
5. Use of water for fisheries (propagation of culture of fish as a commercial enterprise).
6. Use of water for livestock raising (raising large herds or flocks of animals as a commercial enterprise).
7. Use of water for industrial purposes (use in factories, industrial plants, and mines, including as an ingredient of a finished product).
8. Use of water for recreational purposes (swimming pools, bath houses, boating, water skiing, golf courses, and other similar facilities in resorts and other places of recreation).

d) Classification/Reclassification of Philippine Waters - Categorization of all water bodies taking into account:
1. Existing quality of the body of water.
2. Size, depth, surface area covered, volume, direction, rate of flow, and gradient of stream.
3. Most beneficial existing and future use of said bodies of water and lands bordering them (residential, agricultural, aquacultural, commercial, industrial, navigational, recreational, wildlife conservation, aesthetic purposes).
4. Vulnerability of surface and groundwater to contamination from pollutive and hazardous wastes, agricultural chemicals, and underground storage tanks of petroleum products.

e) Civil Society - Non-government organizations (NGOs) and people's organizations (POs).

f) Cleaner production - Application of an integrated, preventive environmental strategy to processes, products, and services to increase efficiency and reduce risks to humans and the environment.

g) Clean-up operations - Activities involving the removal of pollutants discharged or spilled into a water body and its surrounding areas, and the restoration of the affected areas to their former physical, chemical, and biological state or conditions.

h) Contamination - Introduction of substances not found in the natural composition of water that make the water less desirable or unfit for intended use.

i) Department - The Department of Environment and Natural Resources.

j) Discharge - Act of spilling, leaking, pumping, pouring, emitting, emptying, releasing, or dumping any material into a water body or onto land from which it might flow or drain into said water.

k) Drinking water - Water intended for human consumption or for use in food preparation.

l) Dumping - Unauthorized or illegal disposal into any body of water or land of wastes or toxic or hazardous material, excluding releases of effluent from commercial, industrial, and domestic sources within effluent standards.

m) Effluent - Discharges from a known source which is passed into a body of water or land, or wastewater flowing out of a manufacturing plant, industrial plant including domestic, commercial and recreational facilities.

n) Effluent standard - Any legal restriction or limitation on quantities, rates, and/or concentrations or any combination thereof, of physical, chemical or biological parameters of effluent which a person or point source is allowed to discharge into a body of water or land.

o) Environmental management - The entire system which includes conservation, regulation and minimization of pollution, clean production, waste management, environmental law and policy, environmental education and information, study and mitigation of the environmental impacts of human activity, and environmental research.

p) Environmental management system - The part of the overall management system that includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy.

q) Freshwater - Water containing less than 500 ppm dissolved common salt, sodium chloride, such as that in groundwater, rivers, ponds and lakes.

r) Groundwater - Subsurface water that occurs beneath a water table in soils and rocks, or in geological formations.

s) Groundwater vulnerability - Relative ease with which a contaminant located at or near the land surface can migrate to the aquifer or deep well.

t) Groundwater vulnerability map - Identified areas of the land surface where groundwater quality is most at risk from human activities and shall reflect the different degrees of groundwater vulnerability based on a range of soil properties and hydrogeological criteria to serve as guide in the protection of the groundwater from contamination.

u) Hazardous waste - Any waste or combination of wastes of solid, liquid, contained gaseous, or semi-solid form which cause, or contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness, taking into account toxicity of such waste, its persistence and degradability in nature, its potential for accumulation or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or organism.

v) Industrial waste - Any solid, semi-solid or liquid waste material with no commercial value released by a manufacturing or processing plant other than excluded material.

w) Integrated Water Quality Management Framework - The policy guideline integrating all the existing frameworks prepared by all government agencies on water quality involving pollution from all sources. Specifically, the framework shall contain the following: (a) water quality goals and targets; (b) period of compliance; (c) water pollution control strategies and techniques; (d) water quality information and education program; (e) human resources development program.

x) Margin - A landward and outer limiting edge adjacent to the border of any water bodies or a limit beyond where saturation zone ceases to exist.

y) National Water Quality Status Report - A report to be prepared by the Department indicating: (a) the location of water bodies, their water quality, taking into account seasonal, tidal and other variations, existing and potential uses and sources of pollution per specific pollutant and pollution load assessment; (b) water quality management areas pursuant to Section 5 of this Act; and (c) water classification.

z) Non-point source - Any source of pollution not identifiable as point source to include, but not be limited to, runoff from irrigation or rainwater which picks up pollutants from farms and urban areas.

aa) Point source - Any identifiable source of pollution with specific point of discharge into a particular water body.

bb) Pollutant - Any substance, whether solid, liquid, gaseous, or radioactive, which directly or indirectly:
(i) alters the quality of any segment of the receiving water body so as to affect or tend to affect adversely any beneficial use thereof;
(ii) is hazardous or potentially hazardous to health;
(iii) imparts objectionable odor, temperature change, or physical, chemical or biological change to any segment of the water body; or
(iv) is in excess of the allowable limits or concentrations or quality standards specified, or in contravention of the condition, limitation or restriction prescribed in this Act.

cc) Pollution control technology - Pollution control devices or apparatus, processes, or other means that effectively prevent, control or reduce pollution of water caused by effluents and other discharges, from any point source at levels within the water pollution standards.

dd) Potentially infectious medical waste - Includes isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, and other disposable medical equipment and material that may pose a risk to the public health, welfare or the marine environment.

ee) Secretary - The Secretary of the Department of Environment and Natural Resources (DENR).

ff) Septage - The sludge produced on individual onsite wastewater-disposal systems, principally septic tanks and cesspools.

gg) Sewage - Water-borne human or animal wastes, excluding oil or oil wastes, removed from residences, buildings, institutions, industrial and commercial establishments together with such groundwater, surface water and storm water as maybe present including such waste from vessels, offshore structures, other receptacles intended to receive or retain wastes, or other places or the combination thereof.

hh) Sewerage - Any system or network of pipelines, ditches, channels, or conduits including pumping stations, lift stations and force mains, service connections including other constructions, devices, and appliances appurtenant thereto, which involves the collection, transport, pumping and treatment of sewage to a point of disposal.

ii) Sludge - Any solid, semi-solid or liquid waste or residue generated from a wastewater treatment plant, water supply treatment plant, or water control pollution facility, or any other such waste having similar characteristics and effects.

jj) Surface water - All water which is open to the atmosphere and subject to surface runoff.

kk) Treatment - Any method, technique, or process designed to alter the physical, chemical or biological and radiological character or composition of any waste or wastewater to reduce or prevent pollution.

ll) Toxic amount - The lowest amount of concentration of toxic pollutants which may cause chronic or long-term acute or lethal conditions or effects to the aquatic life or health of persons or which may adversely affect designated water uses.

mm) Waste - Any material either solid, liquid, semisolid, contained gas or other forms resulting from industrial, commercial, mining or agricultural operations, or from community and household activities that is devoid of usage and discarded.

nn) Wastewater - Waste in liquid state containing pollutants.

oo) Water body - Both natural and man-made bodies of fresh, brackish, and saline waters, and includes, but is not limited to, aquifers, groundwater, springs, creeks, streams, rivers, ponds, lagoons, water reservoirs, lakes, bays, estuarine, coastal and marine waters. Water bodies do not refer to those constructed, developed and used purposely as water treatment facilities and/or water storage for recycling and re-use which are integral to process industry or manufacturing.

pp) Water pollution - Any alteration of the physical, chemical or biological or radiological properties of a water body resulting in the impairment of its purity or quality.

qq) Water quality - The characteristics of water which define its use in terms of physical, chemical, biological, bacteriological or radiological characteristics by which the acceptability of water is evaluated.

rr) Water quality guidelines - The level for a water constituent or numerical values of physical, chemical, biological and bacteriological or radiological parameters which are used to classify water resources and their use, which does not result in significant health risk and which are not intended for direct enforcement but only for water quality management purposes, such as determining time trends, evaluating stages of deterioration or enhancement of the water quality, and as basis for taking positive action in preventing, controlling or abating water pollution.

ss) Water Quality Management Area Action Plan - includes, but not be limited to, the following: (a) goals and targets including sewerage or septage program; (b) schedule of compliance to meet the applicable requirements of this Act; (c) water pollution control strategies or techniques; (d) water quality information and education program; (e) resource requirement and possible sources; (f) enforcement procedures of the plan; and (g) rewards and incentives under Chapter 4 of this Act.

Rule 4. Additional terms used:

4.1 Authorized inspection

Inspection, whether announced or unannounced, conducted at any time by the multi-partite monitoring teams in relation to their function, or by a Department inspector where the inspector presents a valid Department inspector's identification duly signed by the Secretary, EMB Director or EMB Regional Director to enter and inspect a pollution source. Inspections of effluents discharged outside the facility may be conducted at any time.

4.2 Bureau

Refers to the Environmental Management Bureau of DENR.

4.3 Commercial Wastewater

All the wastewater generated by trading or business establishment and/or any other related firms or companies, which include but not limited to restaurants, shopping malls, commercial laboratories, hospitals, markets, commercial condominiums, hotels, gasoline stations, and other establishments.

4.4 Ecological Sanitation or ECOSAN

An approach with the objective of closing the nutrient loop between sanitation and agriculture. It includes all of the following ecological principles: (1) conscious conservation of resources; (2) recycling and reuse; (3) minimization of energy and water use; (4) pollution prevention; and, (5) rendering the recyclables (human and animal excreta and grey water) safe for reuse.

4.5 Effluent quota

Refers to the maximum allowable pollution load that an establishment can discharge without affecting the present state or condition of the water body.

4.6 Household Domestic Wastewater

The waste water discharges generated from household (single-residential structures) dwelling units specifically from toilets, kitchens, washing areas and other similar sanitary conveniences or facilities.

4.7 Industrial Wastewater

All the wastewaters from any producing, manufacturing, processing, trade or business or any other operations/activities from industrial establishments.

4.8 Land Application

Refers to the incorporation and/or application of effluent through available conventional irrigation methods for the distribution of material(s) into the land surface for the purpose of pollutant removal, assimilation and utilization.

4.9 Loading Limit

Refers to the allowable pollutant loading limit per unit of time which the discharger is permitted to discharge into any receiving body of water or land resources.

4.10 Loading Limit Compliance

Refers to the establishment or industry performances and practices in complying the stipulated allowable pollutant loading and other permit conditions for waste water discharge.

4.11 New sources of pollution

Includes existing sources that have expanded or modified their production processes resulting in an increase in pollution load.

4.12 Pre-Treatment Standards

Standards issued by the Bureau, upon recommendation of the WTP operator/water district or concessionaire, for treatment of wastewater prior to discharge into the sewerage system operated by the concerned WTP operator/water district or concessionaire.

4.13 Rural Areas

Areas outside of component and highly urbanized cities as defined under the local government code.

4.14 Sanitation facilities

Refers to on-site facilities such as toilets and septic tanks for safe disposal of human waste.

4.15 Specific point of discharge

Refers to any discharges coming from a discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft.

4.16 Total pollution load

Refers to the summation of the pollution load from all point and non-point sources, including natural sources.

CHAPTER 2: WATER QUALITY MANAGEMENT SYSTEM

Article 1: General Provisions

SEC. 5. Water Quality Management Area

The Department, in coordination with the National Water Resources Board (NWRB), shall designate certain areas as water quality management areas using appropriate physiographic units such as watershed, river basins or water resources regions.
Management areas shall have similar hydrological, hydrogeological, meteorological or geographic conditions which affect the physicochemical, biological and bacteriological reactions and diffusions of pollutants in the water bodies, or otherwise share common interest or face similar development programs, prospects, or problems.
Said management area shall be governed by a governing board composed of representatives of mayors and governors of member LGUs, and representatives of relevant national government agencies, duly registered nongovernmental organization, water utility sector, and business sector. The Department representative shall chair the governing board.
In the case of the LGUs with memberships on more than one (1) management board, the LGU shall designate only one (1) single representative for all the management areas where it is a member.
The governing board shall formulate strategies to coordinate policies necessary for the effective implementation of this Act in accordance with those established in the framework and monitor the compliance with the action plan.
Each management area shall create a multi-sectoral group to establish and effect water quality surveillance and monitoring network including sampling schedules and other similar activities. The group shall submit its report and recommendation to the chairman of the governing board.
A technical secretariat for each management area is hereby created which shall be part of the Department and shall provide technical support to the governing board. They shall be composed of at least four (4) members who shall have the following minimum qualifications:
- One (1) member shall be a member of the Philippine Bar;
- One (1) member shall be a Chemical Engineer, Chemist, Sanitary Engineer, Environmental Engineer or Ecologist or have significant training and experience in chemistry;
- One (1) member shall be a Civil Engineer or Hydrologist or have significant training and experience in closely related fields and mainly experience on ground water, respectively; and
- One (1) member shall be a Geologist or Biologist or have significant training and experience in closely related fields.
The areas within the jurisdiction of the Laguna Lake Development Authority (LLDA) shall be designated as one management area under the administration of LLDA in accordance with R.A. No. 4850, as amended: Provided, however, That the standards promulgated pursuant to this Act and wastewater charge system established pursuant hereof shall be enforced in said area.

Rule 5. Designation and Management of Water Quality Management Areas (WQMA)

5.1 Procedure for designation of WQMA;

5.1.1 Initiating the process of designation

The Regional Offices of the Department shall initiate the process of designation by evaluating information using the criteria to be developed by the Department.
However, any concerned government agency, including local government units, Protected Area Management Boards, watershed councils, Fisheries and Aquatic Resources Management Councils, government corporations with relevant concerns, or civil society, may propose the designation of a WQMA in their area to the Department and submit the relevant information.
The concerned agency or organization shall follow the general procedure for designation outlined herein and coordinate with the Department throughout the process of consultations and data gathering.

5.1.2 Other considerations for designation

The Department shall also consider practical manageable size, integrated development or management plans, inter-LGU working relationships and existence of similar management areas or bodies in the designation of the WQMA.

5.1.3 Requirements for the proposal

The proposal for WQMA designation shall include a map of the area, technical description/justification, and management rationale including major threats to water quality.

5.1.4 Role of NWRB

The NWRB shall provide relevant technical data necessary for determining the appropriate boundaries of the WQMA.
The NWRB shall work closely with the Department in the determination of such boundaries.

5.1.5 Convening of key stakeholders

The Regional Office of DENR shall inform and consult the Regional Development Council, LGUs, NGOs, water utilities and business sectors as well as Protected Areas Management Boards, watershed councils, Fisheries And Aquatic Resources Management Councils or government corporations with relevant concerns, where appropriate and relevant to a proposed WQMA, before the formal designation of the WQMA.

5.1.6 Public Consultations

The Department shall disseminate the proposal for WQMA designation in the proposed area and conduct public consultations after due notice.
Consultations shall also cover areas contiguous to the proposed WQMA.

5.1.7 Designation by the Secretary

The designation of the WQMA shall be made by the Secretary upon recommendation of the Bureau, based on the proposal, technical studies and consultations.
In the first year of implementation, the Secretary may designate WQMA based on previously identified priority areas.
Thereafter, these initial WQMA may be subject to review and consultations for re-adjustment of boundaries and representation in the governing board, if necessary.

5.2 Re-designation of WQMA

When necessary, and only after undertaking necessary studies and conducting consultations with relevant local government authorities, the Secretary of the Department, upon recommendation of the Bureau, shall revise the designation of WQMA, re-adjust its boundaries or reconstitute its membership for adequate representation.

5.3 Membership in the Governing Board

5.3.1 Appointment of Representatives

National agencies and local government units shall appoint their permanent and alternate members to the Board.
The representative shall be able to make commitments.
In case a local government unit belongs to more than one WQMA, the LGU shall designate the same representative for all the management areas where it is a member.
National agencies shall likewise designate the same representatives to contiguous WQMA to ensure consistency and complementation of policies and activities.

5.3.2 Non-government Members

Within six (6) months from the designation of a particular WQMA, representative(s) from civil society, water utility and private business sectors in the WQMA or with recognized interests in the area shall be chosen from among themselves through sectoral assemblies convened for the purpose.
Such assemblies shall be open to all accredited civil society or private business organizations in the proposed area.
The Secretary may provide for several members from each non-government sector to ensure that significant sub-sectors are represented, depending on the size of the WQMA and complexity of the problems or issues faced.
Each sub-sector shall choose their representative.

5.3.3 Terms of Membership

Members representing national government agencies shall serve permanently unless replaced by their appointing authority.
Elected officials of local government units shall serve for such time as may be permitted by their terms of office, while their representatives shall serve for as long as they are authorized by the local government unit.
Non-government members shall serve for a maximum of three (3) years, unless re-nominated.
The representatives of the water utility sector shall serve for as long as they are authorized by the agency.
When a representative from the civil society or business sector is incapacitated or resigns, the sector or sub-sector represented shall nominate a new representative who shall serve a full term.

5.3.4 Compensation and expenses

Members shall serve without compensation, except for actual and necessary expenses (i.e. travel) incurred in the performance of their duty, which shall be charged to the operational budget of the WQMA.

5.3.5 Chair of the Governing Board

The Secretary shall designate the Deputy representative as Chair of the Governing Board.
However, the governing boards may choose a co-chair or alternate chair from among the member local chief executives to preside over regular meetings.

5.3.6 Meetings

The Governing Board shall meet quarterly or more often, as provided in the Governing Rules.

5.4 Functions of the Board

Each Governing Board shall perform the following functions within its jurisdiction:
- 5.4.1 Prepare and publish on a regular basis a Water Quality Status
- 5.4.2 Report for the WQMA and submit a copy to the Department for consolidation into the National Water Quality Status Report;
- 5.4.3 Formulate strategies to coordinate policies/regulations/local legislation necessary for the effective implementation of this Act in accordance with those established in the Framework;
- 5.4.4 Review the initial WQMA Action Plan prepared by the Department and draft a common and integrated compliance plan. Thereafter, prepare a draft Action Plan for succeeding periods for submission to the Department;
- 5.4.5 Monitor and facilitate the compliance of local governments with the WQMA Action Plan;
- 5.4.6 Coordinate relevant activities among its members and member agencies and facilitate resolution of conflicts; and
- 5.4.7 Undertake complementary interventions for non-point sources, considering their greater contribution to pollution.

5.5 Governing Rules

Governing Rules shall be issued by the individual Governing Boards.
These governing rules shall be submitted to the Department, through the Regional Office, for comment to advise the Governing Board of possible conflict in policies and laws of national application.

5.6 Technical Working Groups

Technical working groups may be formed by the Governing Board to ensure broad-based participation in the work of the Governing Board.
The Board shall identify the members of the TWG.

5.7 Multi-sectoral group

The Governing Rules shall provide for the creation and operation of a multi-sectoral group for water quality monitoring and surveillance.
The Board shall ensure that the operations of the group do not unnecessarily duplicate the regular monitoring functions of government agencies and local governments.
Inspections conducted by the multi-sectoral group shall be duly authorized by the chairman or co-chairman.
Members of the inspection team must be adequately trained and formally deputized.

5.8 Technical Secretariat

The technical secretariat of the WQMA shall be based in the Regional Office of the Department.
The Department may designate the same qualified personnel to serve in the secretariat of contiguous WQMA.

5.9 Funding for Activities

An amount of not more than ten percent (10%) of the total amount accruing to the Area Water Quality Management Fund annually shall be allocated for the operational expenses of the governing board, its secretariat and multi-sectoral water quality surveillance and monitoring network.

5.10 LLDA as WQMA

The LLDA governing board shall consist of the members of the LLDA board of directors and representatives from the sectors provided in Sec. 5 of the CWA.
The jurisdiction, powers and functions of the governing board of the LLDA-WQMA shall be limited by the CWA, without prejudice to the powers and functions of the board of directors under R.A. 4850, as amended.

SEC. 6. Management of Non-attainment Areas

The Department shall designate water bodies, or portions thereof, where specific pollutants from either natural or man-made source have already exceeded water quality guidelines as non-attainment areas for the exceeded pollutants.
It shall prepare and implement a program that will not allow new sources of exceeded water pollutant in non-attainment areas without a corresponding reduction in discharges from existing sources: Provided, That if the pollutant is naturally occurring, e.g. naturally high boron and other elements in geothermal areas, discharge of such pollutant may be allowed: Provided, further, That the effluent concentration of discharge shall not exceed the naturally occurring level of such pollutant in the area: Provided, finally, That the effluent concentration and volume of discharge shall not adversely affect water supply, public health and ecological protection.
The Department shall, in coordination with NWRB, Department of Health (DOH), Department of Agriculture (DA), governing board and other concerned government agencies and private sectors shall take such measures as may be necessary to upgrade the quality of such water in non-attainment areas to meet the standards under which it has been classified.
Upgrading of water quality shall likewise include undertakings which shall improve the water quality of a water body to a classification that will meet its projected or potential use.
The LGUS shall prepare and implement contingency plans and other measures including relocation, whenever necessary, for the protection of health and welfare of the residents within potentially affected areas.

Rule 6. Non-Attainment Areas

6.1 General

6.1.1 Designation of Non-Attainment Areas

Within six (6) months from the effectivity of this IRR, the Department, in coordination with the local governments concerned, shall designate and delineate as non-attainment areas water bodies or portions thereof where specific pollutants from either natural or man-made sources have already exceeded water quality guidelines issued pursuant to this Act.

6.1.2 Review of Area Designation

The Department shall revise and/or retain non-attainment area designations as additional data becomes available.
Results from reviews of area designations will be made available for public comment/review.

6.1.3 Upgrading of Water Quality

The Department shall, within six (6) months from the designation of non-attainment areas, and in coordination with the NWRB, Department of Health (DOH), Department of Agriculture (DA), Governing Board and other concerned government agencies and private sectors, design and implement a plan specifically aimed to upgrade the water quality of water bodies designated as non-attainment areas to meet the guidelines under which they have been classified and to improve their classification to a level that meet their projected or potential use.
The plan may include more stringent effluent standards that shall be applicable only to the non-attainment area.

6.1.4 Contingency Plan

The Department shall provide technical assistance to LGUs in the preparation and implementation of contingency plans and other measures necessary for the protection of health and welfare of the residents within areas potentially affected by the water quality of water bodies designated as non-attainment areas.

6.2 Existing Pollution Sources In Non-Attainment Areas

6.2.1 Identification of existing sources

The Bureau shall identify, as part of the plan to upgrade water quality, existing sources of water pollutants in designated non-attainment areas, including pollutants that are naturally occurring in the area.

6.2.2 Non-compliance

Pollution sources that are not in compliance with the effluent standards for the non-attainment area shall be subject to strict monitoring, without prejudice to the penalties and administrative remedies provided herein.

6.2.3 Naturally Occurring Pollutants

In areas where the concentration of specific naturally occurring pollutants is higher than the relevant water quality guideline, the discharge of such specific pollutant by existing point sources may be allowed only if the resultant total pollution load shall not adversely affect water supply, public health and ecological protection.

6.3 New Sources of Water Pollutants in Non-Attainment Areas

6.3.1 Limitation on new sources

No new sources of pollution for the specific pollutants for which the area is designated as non-attainment shall be allowed, unless there is a corresponding reduction in discharges from existing sources and the total pollution load from all sources including the new source will not exceed the targets in the plan to upgrade of water quality as required by law and Rule 6.1.3.

6.3.2 Lowest Achievable Effluent Rate

New sources shall install and operate water pollution control technology that will provide the lowest achievable effluent rate (LAER) of the pollutant for which the area is designated non-attainment.
The affected firm shall propose technologies it believes will meet the intent of this regulation.
The Bureau shall approve the use of lowest achievable effluent rate control technologies.

6.3.3 Effluent Averaging and Effluent Trading

New sources subject to the non-attainment provisions may not use effluent trading or effluent averaging