PRESIDENTIAL DECREE No. 984 August 18, 1976 PROVIDING FOR THE REVISION OF REPUBLIC ACT NO.

3931, COMMONLY KNOWN AS THE POLLUTION CONTROL LAW, AND FOR OTHER PURPOSES Section 2. Definitions. As used in this Decree: (a) "Pollution" means any alteration of the physical, chemical and biological properties of any water, air and/or land resources of the Philippines, or any discharge thereto of any liquid, gaseous or solid wastes as will or is likely to create or to render such water, air and land resources harmful, detrimental or injurious to public health, safety or welfare or which will adversely affect their utililization for domestic, commercial, industrial, agricultural, recreational or other legitimate purposes. A-PCB or D LGS or C/R HDI-PH,S/W/A their U for DCIARO (c) "Industrial Waste" means any liquid, gaseous or solid matter, or other waste substance or a combination thereof resulting from any process of industry, manufacturing trade or business or from the development, processing or recovery or any natural resources which may cause or tend to cause pollution, or contribute to the pollution of the water, air and land resources of the Philippines. (d) "Other Waste" means garbage, refuse, wood residues, sand, lime cinders, ashes, offal, night-oil, tar, dye stuffs, acids, chemicals, and other substances not sewage or industrial waste which may cause or tend to cause pollution; or contribute to the pollution of the water, air and land resources of the Philippines. (f) "Treatment Works" means any method, construction device or appliance appurtenant thereto, installed for the purpose of treating, neutralizing, stabilizing, disinfecting, or disposing of sewage, industrial waste or other wastes, or for the recovery of by-product from such sewage, industrial waste or other wastes. Section 8. Prohibitions. No person shall throw, run, drain, or otherwise dispose into any of the water, air and/or land resources of the Philippines, or cause, permit, suffer to be thrown, run, drain, allow to seep or otherwise dispose thereto any organic or inorganic matter or any substance in gaseous or liquid form that shall cause pollution thereof. No person shall perform any of the following activities without first securing a permit from the Commission for the discharge of all industrial wastes and other wastes which could cause pollution: 1. the construction, installation, modification or operation of any sewage works or any extension or addition thereto; CIMO 2. the increase in volume or strength of any wastes in excess of the permissive discharge specified under any existing permit; IV/S 3. the construction, installation or operation of any industrial or commercial establishments or any extension or modification thereof or addition thereto, the operation of which would cause an increase in the discharge of waste directly into the water, air and/or land resources of the Philippines or would otherwise alter their physical, chemical or biological properties in any manner not already lawfully authorized. CIO or E/M/A I/C operation of which would cause I/A Section 9. Penalties. (a) Any person found violating or failing to comply with any order, decision or regulation of the Commission for the control or abatement of pollution shall pay a fine not exceeding five thousand pesos per

day for every day during which such violation or default continues; and the Commission is hereby authorized and empowered to impose the fine after due notice and hearing. The fines so imposed shall be paid to the Government of the Philippines through the Commission, and failure to pay the fine in any case within the time specified in the abovementioned Order or Decision shall be sufficient ground for the Commission to order the closure or the stoppage in the operation of the establishment being operated and/or managed by said person or persons until payment of the fines shall have been made. The Commission shall have the power and authority to issue corresponding writs of execution directing the City or Provincial Sheriff or other peace officers whom it may appoint to enforce the fine or the order of closure or stoppage of operations. Payment of fines may also be enforced by appropriate action in a court of competent jurisdiction. The remedies provided in this sub-section shall not be a bar to nor shall affect any other remedies provided for in this Decree but shall be cumulative and additional to such remedies. (b) Any person who shall violate any of the provisions of Section Eight of this Decree or its implementing rules and regulations, or any Order or Decision of the Commission, shall be liable to a penalty of not to exceed one thousand pesos for each day during which the violation continues, or by imprisonment of from two years to six years, or by both fine and imprisonment, and in addition such person may be required or enjoined from continuing such violation as hereinafter provided. (c) Any person who shall refuse, obstruct, or hamper the entry of the duly authorized representatives of the Commission into any property of the pubic domain or private property devoted to industrial manufacturing, processing or commercial use during reasonable hours for the purpose of inspecting or investigating the conditions therein relating to pollution or possible or imminent pollution, shall be liable to a fine not exceeding two hundred pesos or imprisonment of not exceeding one month, or both. (d) Any person who violates any of the provisions of, or fails to perform any duty imposed by this Decree or its implementing rules and regulations or by Order or Decision of the Commission promulgated pursuant to this Decree hereby causing the death of fish or other aquatic life, shall in addition to the penalty above prescribed, be liable to pay the government for damages for fish or aquatic life destroyed. (e) In case the violator is a juridical person, the penalty shall be imposed on the managing head responsible for the violation. Section 10. Jurisdiction. The Commission shall have no jurisdiction over waterworks or sewage system operated by the Metropolitan Waterworks Sewerage System, but the rules and regulations issued by the Commission for the protection and prevention of pollution under the authority herein granted shall supersede and prevail over any rules or regulations as may heretofore have been issued by other government agencies or instrumentalities on the same subject. In case of development projects involving specific human settlement sites or integrated regional or sub- regional projects, such as the Tondo Foreshore Development Authority and the Laguna Lake Development Authority, the Commission shall consult with the authorities charged with the planning and execution of such projects to ensure that their pollution control standards comply with those of the Commission. Once minimum pollution standards are established and agreed upon, the development authorities concerned may, by mutual agreement and prior consultation with the Commission, undertake the pollution control activities themselves.

Executive Order No. 192

PROVIDING FOR THE REORGANIZATION OF THE DEPARTMENT OF ENVIRONMENT, ENERGY AND NATURAL RESOURCES, RENAMING IT AS THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, AND FOR OTHER PURPOSES SECTION 16. Environmental Management Bureau. There is hereby created an Environmental Management Bureau. The National Environmental Protection Council (NEPC), the National Pollution Control Commission (NPCC) and the Environmental Center of the Philippines (ECP), are hereby abolished and their powers and functions are hereby integrated into the Environmental Management Bureau in accordance with Section 24 (c) hereof, subject to Section 19 hereof. The Environmental Management Bureau shall be headed by a Director and assisted by an Assistant Director who shall advise the Secretary on matters relating to environmental management, conservation, and pollution control. The Environmental Management Bureau shall have the following 11 functions: RAFRFAPCPAP a. b. c. d. e. f. g. h. i. j. k. Recommend possible legislations, policies and programs for environmental management and pollution control; Advise the Regional Offices in the efficient and effective implementation of policies, programs, and projects for the effective and efficient environmental management and pollution control; Formulate environmental quality standards such as the quality standards for water, air, land, noise and radiations; Recommend rules and regulations for environmental impact assessments and provide technical assistance for their implementation and monitoring; Formulate rules and regulations for the proper disposition of solid wastes, toxic and hazardous substances; Advice the Secretary on the legal aspects of environmental management and pollution control and assist in the conduct of public hearings in pollution cases; Provide secretariat assistance to the Pollution Adjudication Board, created under Section 19 hereof; Coordinate the inter-agency committees that may be created for the preparation of the State of the Philippine Environment Report and the National Conservation Strategy; Provide assistance to the Regional Offices in the formulation and dissemination of information on environmental and pollution matters to the general public; Assist the Secretary and the Regional Officers by providing technical assistance in the implementation of environmental and pollution laws; Provide scientific assistance to the Regional Offices in the conduct of environmental research programs.

SECTION 19. Pollution Adjudication Board. There is hereby created a Pollution Adjudication Board under the Office of the Secretary. The Board shall be composed of the Secretary as Chairman, two (2) Undersecretaries as maybe designated by the Secretary, the Director of the Environmental Management, and three (3) others to be designated by the Secretary as members. The board shall assume the powers and functions of the Commission/Commissioners of the National Pollution Control Commission with respect to the adjudication of pollution cases under Republic Act 3931 and Presidential Decree 984, particularly with respect to Section 6 letters e,f,g,j,k and p of P.D. 984. The Environmental Management Bureau shall serve as the Secretariat of the Board.

These powers and functions maybe delegated to the regional officers of the Department in accordance with rules and regulation to be formulated by the Board.

PD 979 PROVIDING FOR THE REVISION OF PRESIDENTIAL DECREE NO. 600 GOVERNING MARINE POLLUTION

SECTION 3. Definition of Terms. For the purposes of this Decree: a. "Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping but does not include discharge of effluents from industrial or manufacturing establishments, or mill of any kind. SLEEPPD b. "Dumping" means any deliberate disposal at sea and into navigable waters of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea, including the disposal of wastes or other matter directly arising from or related to the exploration, exploitation and associated off-shore processing of sea bed mineral resources unless the same is permitted and/or regulated under this decree: Provided, That it does not mean a disposition of any effluent from any outfall structure to the extent that such disposition is regulated under the provisions of R.A. 3931, nor does it mean a routine discharge of effluent or other matter incidental to the propulsion of, or derived from the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment. SECTION 4. Prohibited Acts. Except in cases of emergency imperilling life or property, or unavoidable accident, collision, or stranding or in any cases which constitute danger to human life or property or a real threat to vessels, aircraft, platforms, or other man-made structure, or if damping appears to be the only way of averting the threat and if there is probability that the damage consequent upon such dumping will be less than would otherwise occur, and except as otherwise permitted by regulations prescribed by the National Pollution Control Commission or the Philippine Coast Guard, it shall be unlawful for any person to a. discharge, dump or suffer, permit the discharge of oil, noxious gaseous and liquid substances and other harmful substances from or out of any ship, vessel, barge, or any other floating craft, or other man-made structures at sea, by any method, means or manner, into or upon the territorial and inland navigable waters of the Philippines; b. throw, discharge or deposit, dump, or cause suffer or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft of vessel of any kind, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state into tributary of any navigable water from which the same shall float or be washed into such navigable water; and c. deposit or cause, suffer or procure to be deposited material of any kind in any place on the bank of any navigable water or on the bank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed or increased the level of pollution of such water. SECTION 5. It shall be the primary responsibility of the National Pollution Control Commission to promulgate national rules and policies governing marine pollution, including but not limited to the discharge of effluents from any outfall structure, industrial and manufacturing establishments or mill of any kind to the extent that it is regulated under the provisions of Republic Act Numbered Three Thousand Nine Hundred Thirty-One, and to issue the appropriate rules and regulations upon consultation with the Philippine Coast Guard. The Philippine Coast Guard shall promulgate its own rules and regulations in accordance with the national rules and policies set by the National Pollution Control Commission upon consultation with the latter, for the effective implementation and enforcement of this decree and other applicable laws, rules and regulations promulgated by

the government. The rules and regulations issued by the National Pollution Control Commission or the Philippine Coast Guard shall not include deposit of oyster, shells, or other materials when such deposit is made for the purpose of developing, maintaining or harvesting fisheries resources and is otherwise regulated by law or occurs pursuant to an authorized government program: Provided, That the Philippine Coast Guard, whenever in its judgment navigation will not be injured thereby and upon consultation with and concurrence of the National Pollution Control Commission, may permit the deposit of any of the materials above-mentioned in navigable waters, and whenever any permit is so granted, the conditions thereof shall be strictly complied with. SECTION 6. Enforcement and Implementation. The Philippine Coast Guard shall have the primary responsibility of enforcing the laws, rules and regulations governing marine pollution. However, it shall be the joint responsibility of the Philippine Coast Guard and the National Pollution Control Commission to coordinate and cooperate with each other in the enforcement of the provisions of this decree and its implementing rules and regulations, and may call upon any other government office, instrumentality or agency to extend every assistance in this respect. SECTION 7. Penalties for Violations. Any person who violates Section 4 of this Decree or any regulations prescribed in pursuance thereof, shall be liable for a fine of not less than Two Hundred Pesos nor more than Ten Thousand Pesos or by imprisonment of not less than thirty days nor more than one year or both such fine and imprisonment, for each offense, without prejudice to the civil liability of the offender in accordance with existing laws. Any vessel from which oil or other harmful substances are discharged in violation of Section 4 or any regulation prescribed in pursuance thereof, shall be liable for the penalty of fine specified in this section, and clearance of such vessel from the port of the Philippines may be withheld until the fine is paid. In addition to the penalties above-prescribed, the Philippine Coast Guard shall provide in its rules and regulations such reasonable administrative penalties as may be necessary for the effective implementation of this decree.

Republic Act No. 9483

June 02, 2007

AN ACT PROVIDING FOR THE IMPLEMENTATION OF THE PROVISIONS OF THE 1992 INTERNATIONAL CONVENTI0N ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE AND THE 1992 INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTION DAMAGE, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER PURPOSES SEC. 3. Definition of Terms. - For the purpose of this Act: (h) "Incident" means any occurrence or series of occurrences having the same origin which causes Pollution Damage or creates a grave and imminent threat of causing such damage: Provided That a series of occurrences shall be treated as having occurred on the date of the first such occurrence; (l) "Pollution Damage" means: (1) Loss or damage caused outside the Ship by contamination resulting from the escape or discharge of Oil from the Ship, wherever such escape or discharge may occur: Provided, That compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken; and (2) The costs of preventive measures and further loss or damage caused by preventive measure;

(n) "Ship" means any sea-going vessel and sea-home craft of any type whatsoever constructed or adapted for the carriage of Oil in bulk as cargo: Provided That a Ship capable of carrying Oil and other cargoes shall be regarded as a Ship only when it is actually carrying Oil in bulk as cargo and during any voyage following such carriage unless it is proved that it has no residues of such carriage of Oil in bulk aboard; SEC. 4. Incorporation of the 1992 Civil Liability Convention and 1992 Fund Convention. - Subject to the provisions of this Act, the 1992 Civil Liability Convention and 1992 Fund Convention and their subsequent amendments shall form part of the law of the Republic of the Philippines. SEC. 5 Scope of Application. - This law shall apply exclusively to Pollution Damage caused in Philippine territory, including its territorial sea and its exclusive economic zone, and to preventive measures, wherever taken, to prevent or minimize such damage. CHAPTER II STRICT LIABILITY FOR OIL POLLUTION DAMAGE SEC. 6. Liability on Pollution Damage. - The Owner of the Ship at the time of an Incident, or where the Incident consists of a series of occurrences, at the time of the first such occurrence, shall be liable for any Pollution Damage caused by the Ship as a result of the Incident. Such damages shall include, but not limited to: (a) Reasonable expenses actually incurred in clean-up operations at sea or on shore; (b) Reasonable expenses of Preventive Measures and further loss or damage caused by preventive measures; (c) Consequential loss or loss of earnings suffered by Owners or users of property contaminated or damaged as a direct result of an Incident; (d) Pure economic loss or loss of earnings sustained by persons although the property contaminated or damaged as a direct result of an Incident does not belong to them; (e) Damage to human health or loss of life as a direct result of the Incident, including expenses for rehabilitation and recuperation: Provided, That costs of studies or diagnoses to determine the long-term damage shall also be included; and (f) Environmental damages and other reasonable measures of environmental restoration. SEC. 7. Exempting Circumstances. - No liability as stated in the immediately preceding section shall attach to the Owner or his insurer if he proves that the damage: (a) Resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; (b) Was wholly caused by an act or omission done with intent to cause damage by third party; and (c) Was wholly caused by the negligence or other wrongful act of the government or other enforcement agencies responsible for the maintenance of lights or other navigational aids in the exercise of that function. If the Owner proves that the Pollution Damage resulted wholly or partially either from an act or omission done with intent to cause damage by the person who suffered the damage or from the

negligence of that person, the Owner may be exonerated wholly or partially from his liability to such person. SEC. 8. Persons Exempted from Claims for Compensation for Pollution Damage. - No claim for compensation Pollution Damage under this Act may be made against: (a) The servants or agents of the Owner or the members of the crew; (b) The pilot or any other person who, without being a member of the crew, performs services for the Ship; (c) Any charterer, howsoever described, including a bareboat charterer, manager or operator of the Ship; (d) Any person performing salvage operations with the consent of the Owner or on the instructions of a competent public authority; (e) Any person taking Preventive Measures; and (f) All servants or agents of persons mentioned in paragraphs (c), (d) and (e) hereof, unless the damage resulted from their personal act or omission, committed with the intent to cause such damage, or committed recklessly and with knowledge that such damage would probably result: Provided, That nothing in this Act shall prejudice any right of recourse of the Owner against third parties. SEC. 9. Joint and Several Liability. - When an Incident involving two or more Ships occurs and Pollution Damage results therefrom, the Owners of all the Ships concerned, unless exonerated under Section 7 hereof, shall be jointly and severally liable for all such damage which is not reasonably separable, without prejudice, however, to the right of recourse of any of such Owners to proceed against each other or third parties. CHAPTER III SYSTEM OF LIMITATION OF LIABILITY SEC. 10. Limitation of Liability. - The Owner shall be entitled to limit his liability under this Act with respect to a particular Incident to a total amount calculated as follows: (a) Three million (3,000,000) units of account for a Ship not exceeding five thousand (5,000) units of tonnage; (b) For a Ship with a tonnage in excess thereof, for each unit of tonnage, four hundred twenty (420) units of account for each unit in addition to the amount mentioned in paragraph (a): Provided, however, That this aggregate amount shall not, in any event, exceeds 59.7 million units of account: Provided, further, That the limit of liability of the Owner as aforementioned shall be subject to adjustment according to subsequent amendments to the 1992 Civil Liability Convention. The limited liability, under this Section may not be availed of by the Owner if it has been established that such Pollution Damage resulted from his personal act or omission, committed with intent to cause such damage, or committed recklessly and with knowledge that such damage would probably result.

The "unit of account" referred to in this Section is the Special Drawing Right (SDR) as defined by the International Monetary Fund as set forth in the 1992 Civil Liability Convention. The said amount shall be converted into national currency on the basis of the value of the currency by reference to the SDR on the date that the fund is constituted under Section 11 of this Act. The SDR is an international reserve asset, created by the IMF in 1969 to supplement the existing official reserves of member countries. SDRs are allocated to member countries in proportion to their IMF quotas. The SDR also serves as the unit of account of the IMF and some other international organizations. Its value is based on a basket of key international currencies. SEC. 14. Enforcement. - Ship carrying more than two thousand (2,000) tons of Oil in bulk as cargo shall not be allowed entry into Philippine territory or its exclusive economic zone without a valid certificate of insurance or financial security for Pollution Damage required by this Act. For this purpose, the PPA or any other port authorities shall deny port services to said Ship without such certificate. If any such Ship is found within the said territory or zone without such certificate, said Ship shall be prevented from loading or unloading its cargo until it is able to produce the appropriate insurance or financial security duly certified by the State of its registry if such country is a convention- member State, otherwise, issued or certified by the MARINA or any convention-member State. The Owner and master of the Ship referred to in the immediately preceding paragraph shall be jointly and severally liable to the fines set forth in this Act. Such Ship shall be prevented from leaving unless the appropriate fines shall have been paid to the full satisfaction of the MARINA. The PCG shall conduct inspections of certificates of Ships entering the territory of the Philippines, or, in the case of Ships registered in the Philippines voyaging within the said territory: Provided That such inspections shall not cause undue delay to the Ships. CHAPTER VI ACTION FOR COMPENSATION SEC. 17. Action for Compensation. - An action for compensation on account of Pollution Damage resulting from the Incident which occurred in the territory may be brought before the RTC against the following persons: (a) Owner of the polluting Ship; or (b) Insurer or other person providing financial security of the said Owners liability for pollution. For this purpose, foreign corporation, partnership, association or individual, whether or not licensed to transact business in the Philippines by any appropriate government agencies, providing such insurance or financial security for Pollution Damage shall be considered transacting or doing business in the Philippines and shall be subject to the jurisdiction of the regular judicial courts of the country. Such action shall be filed within three years of the date on which the damage occurred, but not later than six years of the date of the Incident. The PCG shall investigate, motu proprio or through compensation or violation of this Act, and shall forthwith file appropriate action with the RTC.

It shall likewise provide the complainant necessary technical evidence or any assistance, whether or not testimonial or documentary, insofar as the claim for compensation or violation of this Act is concerned. Filing of the action under this section shall only require payment of filing fees equivalent to ten percentum (10%) of the regular rates established therefore by the Supreme Court of the Philippines. However, indigent plaintiff shall be exempt from payment of docket and other lawful fees, and of transcripts of stenographic notes which the court may order to be furnished him. The amount of the docket and other lawful fees which the indigent was exempted from paying shall be a lien on any judgment rendered in the case favorable to the indigent, unless the court otherwise provides. SEC. 18. Adjudication or Settlement of Claims. - The RTC shall decide claims for compensation or certify the compromise agreement by the parties within a reasonable period. Where compensation was not obtained or satisfied under the 1992 Civil Liability Convention, the claimant may seek compensation under the 1992 Fund Convention. The RTC shall furnish the IOPC Fund with its certified decision, together with pertinent documents, on a claim for Pollution Damages. Where the fund under the 1992 Civil Liability Convention is insufficient to satisfy the claims of those who are entitled to compensation, the amount of compensation of each claimant shall be distributed pro rata. SEC. 19. Intervention by the IOPC Fund - The IOPC Fund may intervene as a party to any legal proceedings instituted against the Owner of a Ship or his guarantor under Article IX of the 1992 Civil Liability Convention. CHAPTER VII PENALTY PROVISIONS SEC. 20. Violation of the Act. - The following acts shall be considered violations of the Act and the persons responsible shall suffer the corresponding fines: (a) Any person who fails to institute or maintain insurance or other financial security required under Section 12 of this Act; (1) Ships of 500 gross tons (GRT) and below - not less than One hundred thousand pesos (P100,000.00) but not more than Two hundred-fifty thousand pesos (P250,000.00); (2) Ships of above 500 to 1,000 GRT - not less than Two hundred fifty thousand pesos (P250,000.00) but not more than Five hundred thousand pesos (P500,000.00); (3) Ships of above 1,000 to 5,000 GRT - not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00); (4) Ships of above 5,000 to 10,000 GRT - not less than One million pesos (P1,000,000.00) but not more than Five million pesos (P5,000,000.00); (5) Ships of above 10,000 to 20,000 GRT - not less than Five million pesos (P5,000,000.00) but not more than Ten million pesos (P10,0000,000.00); and (6) Ships of above 20,000 GRT - not less than Ten million pesos (P10,000,000.00) but not more than Fifteen million pesos (P15,000,000.00).

(b) The Owner and the master of a Ship who operate a Ship without maintaining on board a certificate of insurance required under Section 13 of this Act: (1) First violation - Five hundred thousand pesos (P500,000.00); (2) Second violation - One million pesos (P1,000,000.00); and (3) Third violation - One million five hundred thousand pesos (P1,500,000.00). (c) Any person required under Section 15 of this Act to contribute to the IOPC Fund but nevertheless fails to comply therewith after due notice by the MARINA (1) First violation - Three million pesos (P3,000,000.00); (2) Second violation - Four million pesos (P4,000,000.00); and (3) Third violation - Five million pesos (P5,000,000.00). (d) Failure to Submit Report of Contributing Oil. - Any person required under Section 16 of this Act to submit report of contributing Oil and notwithstanding l0.day notice thereto, fails to comply therewith: (1) First violation - Five hundred thousand pesos (P500,000.00); (2) Second violation - One million pesos (P 1,000,000.00); and (3) Third violation - One million five hundred thousand pesos (P1,500,000.00). (e) Any person who shall refuse, obstruct, or hamper the entry of the duly authorized representatives of the Department or any person authorized under this Act aboard any Ship or establishment pursuant to this Act shall be liable to pay a fine not exceeding One hundred thousand pesos (P100,000.00); and (f) Any Ship apprehended for violation of this Act may be subjected to detention. The fines prescribed in this Section and other sections of this Chapter shall be increased by at least ten percent (10%) every three years to compensate for inflation and to maintain the deterrent function of such fines.

R..A. 9275 AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR OTHER PURPOSES SECTION 14. Discharge Pemits. - The Department shall require owners or operators of facilities that discharge regulated effluents pursuant to this Act to secure a permit to discharge. The discharge permit shall be the legal authorization granted by the Department 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. As part of the permitting procedure, the Department shall encourage the adoption of waste minimization and waste treatment technologies when such technologies are deemed cost effective. The Department shall also develop procedures to relate the current water quality guideline or the projected water quality guideline of the

receiving water body/ies with total pollution loadings from various sources, so that effluent quotas can be properly allocated in the discharge permits. For industries without any discharge permit, they may be given a period of twelve {12) months after the effectivity of the implementing rules and regulations promulgated pursuant to this Act, to secure a discharge permit. Effluent trading may be allowed per management area. CHAPTER 5 CIVIL LIABILITY/PENAL PROVISIONS SECTION 27. Prohibited Acts. - The following acts are hereby prohibited: a) Discharging, depositing or causing to be deposited material of any kind directly or indirectly into the water bodies or along the margins of any surface water, where, the same shall be liable to be washed into such surface water, either by tide action or by storm, floods or otherwise, which could cause water pollution or impede natural flow in the water body; b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form that would pollute groundwater. In the case of geothermal projects, and subject to the approval of the Department, regulated discharge for short- term activities (e.g. well testing, flushing, commissioning, venting) and deep re-injection of geothermal liquids may be allowed: Provided, That safety measures are adopted to prevent the contamination of the groundwater; c) Operating facilities that discharge regulated water pollutants without the valid required permits or after the permit was revoked for any violation of any condition therein; d) Disposal of potentially infectious medical waste into sea water by vessels unless the health or safety of individuals on board the vessel is threatened by a great and imminent peril; e) Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as defined under Republic Act No.9003; f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Republic Act No.6969; g) Operate facilities that discharge or allow to seep, willfully or through gross negligence, prohibited chemicals, substances or pollutants listed under R. A. No. 6969 into water bodies or wherein the same shall be liable to be washed into such surface, ground, coastal, and marine water; h) Undertaking activities or development and expansion of projects, or operating wastewater/sewerage facilities in violation of Presidential Decree. No.1586 and its implementing rules, and regulations; i) Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act or after the permit was revoked for any violation of condition therein; j) Non-compliance of the LGU with the Water Quality Framework and Management Area Action Plan. In such a case, sanctions shall be imposed on the local government officials concerned;

k) Refusal to allow entry, inspection and monitoring by the Department in accordance with this Act; l) Refusal to allow access by the Department to relevant reports and records in accordance with this Act; m) Refusal or failure to submit reports whenever required by the Department in accordance with this Act; n) Refusal or failure to designate pollution control officers whenever required by, the Department in accordance with this Act; and o) Directly using booster pumps in the distribution system or tampering with the water supply in such a way as to alter or impair the water quality. SECTION 28. Fines, Damages and Penalties. - Unless otherwise provided herein, any person who commits any of the prohibited acts provided in the immediately preceding section or violates any of the provision of this Act or its implementing rules and regulations, shall be fined by the Secretary, upon the recommendation of the PAB in the amount of not less than Ten thousand pesos (P10,000.00) nor more than Two hundred thousand pesos (P200,000.00) for every day of violation. The fines herein prescribed shall be increased by ten percent (10%) every two (2) years to compensate for inflation and to maintain the deterrent function of such fines: Provided, That the Secretary, upon recommendation of the PAB may order the closure, suspension of development or construction, or cessation of operations or, where appropriate disconnection of water supply, until such time that proper environmental safeguards are put in place and/or compliance with this Act or its rules and regulations are undertaken. This paragraph shall be without prejudice to the issuance of an ex parte order for such closure, suspension of development or construction, or cessation of operations during the pendency of the case. Failure to undertake clean-up operations, willfully, or through gross negligence, shall be punished by imprisonment of not less than two (2) years and not more than four (4) years and a fine not less than Fifty thousand pesos (P50,000.00) and not more than One hundred thousand pesos (P100,000.00) per day for each day of violation. Such failure or refusal which results in serious injury or loss of life and/or irreversible water contamination of surface, ground, coastal and marine water shall be punished with imprisonment of not less than six (6) years and one day and not more than twelve (12) years, and a fine of Five Hundred Thousand Pesos (P500,000.00) per day for each day during which the omission and/or contamination continues. In case of gross violation of this Act, the PAB shall issue a resolution recommending that the proper government agencies file criminal charges against the violators. Gross violation shall mean any of the following: a) deliberate discharge of toxic pollutants identified pursuant to Republic Act No.6969 in toxic amounts; b) five {5) or more violations within a period of two (2) years; or c) blatant disregard of the orders of the PAB, such as the non-payment of fines, breaking of seals or operating despite the existence of an order for closure, discontinuance or cessation of operation. In which case, offenders shall be punished with a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than Three million pesos (P3,000,000.00} per day for each day of violation or imprisonment of not less than six {6) years but not more than ten {10) years, or both, at the discretion of the court. If the offender is a

juridical person, the president, manager and the pollution control officer or the official in charge of the operation shall suffer the penalty herein provided. For violations falling under Section 4 of Presidential Decree No.979 or any regulations prescribed in pursuance thereof, such person shall be liable for a fine of no1 less than Fifty thousand pesos {P50,000.00) nor more than One million pesos (P1,000,000.00) or by imprisonment of not less than one {1) year nor more than six (6) years or both, for each offense, without prejudice to the civil liability of the offender in accordance with existing laws. If the offender is a juridical entity, then its officers, directors, agents or any person primarily responsible shall be held liable: Provided, That any vessel from which oil or other harmful substances are discharged in violation of Section 4 of Presidential Decree No.979 shall be liable for penalty of fine specified in the immediately preceding paragraph and clearance of such vessel from the port of the Philippines may be withheld until the fine is paid and such penalty shall constitute a lien on such vessel which may be recovered in proceedings by libel in rem in the proper court which the vessel may be. The owner or operator of a vessel or facility which discharged the oil or other harmful substances will be liable to pay for any clean-up costs. Provided, finally, That water pollution cases involving acts or omissions --- committed within the Laguna Lake Region shall be dealt with in accordance with the procedure under R. A. No.4850 as amended. CHAPTER 6 ACTIONS SECTION 30. Administrative Action. - Without prejudice to the right of any affected person to file an administrative action, the Department shall, on its own instance or upon verified complaint by any person, institute administrative proceedings in the proper forum against any person who violates: a) Standards or limitations provided by this Act; or b) By any such order, rule or regulation issued by the Department with respect to such standard or limitation.