REVISED EFFLUENT REGULATIONS OF 1990, REVISING AND AMENDING THE EFFLUENT REGULATIONS OF 1982

Pursuant to the provisions of Section 6 (i) of Presidential Decree
No. 984, otherwise known as the “Pollution Control Decree of 1976”, and
by virtue of Executive Order No. 192, Series of 1987, the Department of
Environment and Natural Resources hereby adopts and promulgates the
following rules and regulations:

SECTION 1.       Title. — These rules and regulations shall be known as the Revised Effluent Regulations of 1990″.

SECTION 2.       Scope. — These rules and regulations shall apply to all industrial and municipal wastewater effluents.

SECTION 3.       Definitions. — The following words and
phrases, as used in these rules and regulations, shall have the
following meaning unless the context clearly indicates otherwise:

a)      BOD means a measure of the approximate
quantity of dissolved oxygen that will be required by bacteria to
stabilize organic matter in wastewater or surface water.  It is a
semi-quantitative measure of the wastewater organics that are oxidizable
by bacteria. It is also a standard test in assessing wastewater
strength.

b)      Coastal Water means an open body of
water along the country’s coastline starting from the shoreline (MLLW)
and extending outward up to the 200-meter isobath or three-kilometer
distance, whichever is farther.

c)      Department refers to the Department of Environment and Natural Resources.

d)      Effluent is a general term denoting any
wastewater, partially or completely treated, or in its natural state,
flowing out of a manufacturing plant, industrial plant or treatment
plant.

e)      Inland Water means an interior body of
water or watercourse such as lakes, reservoirs, rivers, streams, creeks,
etc., that has beneficial usage other than public water supply or
primary contact recreation. Tidal affected rivers or streams are
considered inland waters for purposes of these regulations.

f)       Mixing Zone is the place where the
effluent discharge from a point source mixes with a receiving body of
water. The area or extent of the zone shall be determined by the
discharger and approved by the Department on a case-to-case basis.

g)      NPI means New/Proposed Industry or wastewater treatment plants to be constructed.

h)      OEI means Old or Existing Industry.

i)       Primary Contact Recreation means any
form of recreation, where there is intimate contact of the human body
with the water, such as swimming, water skiing, or skin diving.

j)   Protected Water means a watercourse or a
body of water, or any segment thereof, that is classified as a source of
public water supply, propagation and harvesting of shellfish for
commercial purposes, or spawning areas for Chanoschanos and similar
species, or primary contact recreation, or that which is designated by
competent government authority or by legislation as tourist zone,
national marine park and reserve, including coral reef park and reserve.

k)  “Strong Water” refers to wastewater whose initial BOD value before treatment -is equal to or greater than 3,000 mg/L.

SECTION 4.       Heavy Metals and Toxic Substances.
Industrial and other effluents when discharged into bodies of water
classified as Class A, B, C, D, SA, SB, SC and SD in accordance with
Section 68, as amended, of the 1978 NPCC Rules and Regulations shall not
contain toxic substances in levels greater than those indicated in
Table 1.*

SECTION 5.       Conventional and Other Pollutants Affecting Aesthetics and Oxygen Demand.
Effluents from domestic sewage and industrial wastewater treatment
plants not covered under Section 6 of these Regulations, when discharged
into receiving waters classified as Class A, B, C, D, SA, SB, SC, and
SD in accordance with Section 68, as amended, of the 1978 NPCC Rules and
Regulations shall not contain the following pollutants in
concentrations greater than those indicated in Tables 2A and 2B.*

SECTION 6.       Effluent Standards for BOD for Strong Industrial Wastes.

a) Interim Requirements for Old or Existing Industries. —
For strong industrial wastewaters with high BOD and where the receiving
body of water is Class C, D, SC and SD in accordance with Section 68,
as amended, of the 1978 NPCC Rules and Regulations, the interim effluent
requirements for old industries which will be applicable within the
period indicated in Table. 3A.*

b) Requirements for New Industries. — Upon the
effectivity of these regulations, new/proposed industries, or those
old/existing industries that are yet to construct their wastewater
treatment facilities, which are producing or treating strong wastewaters
shall comply with the requirements in Table 3B below. By January 1995,
this Table shall be applicable to all industries producing strong
wastes.

SECTION 7.       Mixing Zone Requirements. The following general conditions shall govern the location and extent of the mixing zone:

a)      No mixing zone or combination of mixing zones shall be
allowed to significantly impair any of the designated uses of the
receiving body of water.

b)      A mixing zone shall not include an existing drinking
water supply intake if such mixing zone would significantly impair the
purposes for which the supply is utilized.

c)      A mixing zone for rivers, streams, etc., shall not create a barrier to the free migration of fish and aquatic life.

d)      A mixing zone shall not include a nursery area of
indigenous aquatic life nor include any area designated by the
Department of Environment and Natural Resources for shellfish
harvesting, tourist zones and national marine parks and reserves, coral
reef parks and reserves and declared as such by the appropriate
government agency.

e)      In general, the length of the mixing zone or plume in
rivers or similar waterways shall be as short as possible and its width
shall be preferably not more than one-half of the width of the waterway.

f)       In discharging hot effluents from power plants, mineral
ore milling and similar generators of large volume of liquid wastes the
permissible size of the mixing zone shall be determined through
modelling taking into consideration the size, hydraulic and hydrological
data of the receiving body of water and the design and siting of the
wastewater outfall.

g)      For the protection of aquatic life resources, the mixing
zone must not be used for, or be considered as a substitute for
wastewater treatment facility.

SECTION 8.       Additional Requirements.

a)      In addition to fulfilling the above-stated requirements
in Sections 4 to 6, no effluent shall cause the quality of the receiving
body of water to fall below the prescribed quality in accordance with
its classification, or best usage.

b)      Where the combined effect of a number of individual
effluent discharges causes one or more water quality parameters to
exceed the prescribed limits, the maximum permissible concentrations of
such parameters shall be reduced proportionately so as to maintain the
desired quality.

c)      When discharging effluents into coastal waters, the
location and design of the submarine outfall shall be based on
prevailing oceanographic and wind conditions so that discharged
materials shall not find their way back to the shore and that there
shall be minimum deposition of sediments near and around the outfall.

d)      Effluents discharged into protected inland and coastal
waters Category II, such as Class A, B, and SB, shall meet the
requirements of Section 4 and 5 above.

e)      Starting January 1, 1995, old or existing industries
shall comply with the standards set for new industries in these
regulations.

f)       For a period to be determined by the Department
Secretary and provided that the resulting effect on receiving waters
does not pose an immediate threat to life, public health, safety or
welfare or to animal or plant life or property, any existing industry
that produces strong wastes which cannot meet the limits for BOD in
Tables 3A and 3B, maybe allowed to operate and be issued a temporary
permit to operate on condition that it pays first a penalty fee for
polluting a receiving body of water in the amount equivalent to five
pesos.(P5.00) per kilogram of BOD discharged per day in exceedance of
the allowable effluent limit provided further that the calculated fine
shall not exceed P5,000 per day in accordance with PD 984 and its
implementing rules and regulations. (Conversion Factor: 1 mg/L = 1
g/cu.m.)

g)      Each discharger covered under these regulations shall
monitor its effluent and its effect on the receiving body of water
regularly in order to ensure compliance with Sections 4, 5 and 6 hereof
and Section 69, as amended, of the 1978 NPCC Rules and Regulations.

SECTION 9.       Prohibitions. –

a)      No industrial or domestic sewage effluent shall be discharged into Class AA and SA waters.

b)      In order to avoid deterioration of the quality of the
receiving body of water, no new industrial plant with high waste load
potential shall discharge into a body of water where the dilution or
assimilative capacity of said water body during dry weather condition is
insufficient to maintain its prescribed water quality according to its
usage or classification.

c)      No person shall discharge, wholly or partially, untreated
or inadequately treated industrial effluents directly into bodies of
water or through the use of bypass canals and/or pumps and other
unauthorized means except upon prior approval of the Department
Secretary.

d)      Other Restrictions:

1.            All water pollution control
facilities/installations shall be properly and consistently maintained
and correctly and continuously operated in order to maintain an effluent
quality that complies with Sections 4 to 6 of these regulations.

2.            No industrial or manufacturing plant shall be
operated without the control facilities or wastewater treatment system
in good order or in proper operation except with the permission of the
Department Secretary when special circumstance arise.

3.            No industrial or manufacturing plant or source of
pollution shall be operated at capacities beyond the limits of
operation or capability of the wastewater treatment facility in order to
maintain the effluent quality within the standards or pertinent
conditions required by law and/or stipulated in the permit to operate.

4.            No person shall build, erect, install or use any
equipment, contrivance or any means the use of which will conceal and/or
dilute an effluent discharge and which otherwise constitute a violation
of any provisions of these regulations or the 1978 NPCC Rules and
Regulations, as amended.

SECTION 10.    Methods of Analysis for Effluents. — For
purposes of these Regulations, any domestic or industrial effluent
discharged into any body of water or watercourse shall be analyzed in
accordance with the latest edition of the “Philippine Standard Methods
for Air and Water Analyses”, the “Standard Method for the Examination of
Water and Wastewater” published jointly by the American Public Health
Association, the American Waterworks Association and the Water Pollution
Control Federation of the United States, or in accordance with such
other methods of analysis as the Department may prescribe. The approved
methods of analysis are given in Table 4.*

SECTION 11.    Maximum Quantity to be Discharged. — For
the protection of public health and the aquatic resources of the country
and in cases where the volume, strength and nature of one or more
pollutants, enumerated in, or not otherwise covered in the preceding
Sections, are expected to cause a serious deterioration of a receiving
body of water or cause harm or injury to aquatic life and resources, the
Department Secretary shall promulgate guidelines for the use of the
concerned line agencies, providing for the maximum quantity of any
pollutant or contaminant that maybe allowed to be discharged into the
said body of water or watercourse, including the maximum rate at which
the contaminant may be so discharged.

This Section particularly applies, but is not limited to industrial
effluents covered under Section 6 of these regulations, specifying in
kilograms per day the BOD that may be discharged considering the
classification and dry weather flow of the receiving body of water.

SECTION 12.    Penalties. — Any person or group of persons
found violating or failing to comply with any Order or Decision of the
Department and/or the Pollution Adjudication Board or any provision of
these Regulations, shall be liable under Section 9 of the Pollution
Control Law (PD No. 984) and/or Section 106 of the 1978 NPCC Rules and
Regulations, as amended.

SECTION 13.    Separability Clause. — Any Section or
provision of these regulations declared to be unconstitutional or
invalid by a competent court, the other sections or provisions hereof
shall remain to be in force.

SECTION 14.    Repealing Clause. — Any provision of the
1978 Rules and Regulations, as amended, the Effluent Regulations of
1982, and other existing rules and regulations of the Department which
are inconsistent herewith are hereby repealed.

SECTION 15.    Amendments. — This Regulation may be amended and/or modified from time to time by the Department.

SECTION 16.    Effectivity. — This Regulation shall take
effect thirty (30) days after publication in the official gazette or any
newspaper of general circulation.

Adopted: 20 May 1990

(SGD.) FULGENCIO S. FACTORAN, JR.
Secretary