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Mining Laws > Lesson 3: Clean Water Act of 2004 > Flashcards

Lesson 3: Clean Water Act of 2004 Flashcards

1
Q

what RA is the clean water act of 2004

A

RA 9275

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2
Q

state RA 9275

A

An Act providing for a Comprehensive Water Quality Management and for other purposes

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3
Q

3 DAOs of RA 9275

A

DAO 2005-10
DAO 2016-08
DAO 2021-19

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4
Q

DAO Implementing Rules and Regulations of RA 9275

A

DAO 2005-10

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5
Q

DAO Water Quality Guidelines and General Effluent Standards

A

DAO 2016-08

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6
Q

DAO Updated Water Quality Guidelines (WQG) and General Effluent Standards (GES) for Selected Parameters

A

DAO 2021-19

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7
Q

state DAO 2005-10

A

DAO Implementing Rules and Regulations of RA 9275

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8
Q

state DAO 2016-08

A

DAO Water Quality Guidelines and General Effluent Standards

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9
Q

state DAO 2021-19

A

DAO Updated Water Quality Guidelines (WQG) and General Effluent Standards (GES) for Selected Parameters

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10
Q

What PD is the Water Code of the Philippines and its amended IRR

A

PD 1067 of 1976

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11
Q

what is the PD 1067 of 1976?

A

Water Code of the Philippines and its amended IRR

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12
Q

are the main laws that control and regulate the ownership, appropriation, utilization, exploitation, development, control, conservation or protection of water resources of the Philippines.

A

PD 1067 of 1976: Water Code of the Philippines and its amended IRR

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13
Q

the Water Code of the Philippines controls and regulates what (8 terms) of the water resources of the PH?

A

ownership
appropriation
utilization
exploitation
development
control
conservation
OR
protection

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14
Q

what is the underlying principle of the Water Code of the Philippines (PD 1067)

A

that all waters belong to the State

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15
Q

The State shall pursue a policy of economic growth in a manner consistent with the protection, preservation and revival of the quality of our fresh, brackish and marine waters

A

SECTION 2. Declaration of Policy

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16
Q

SECTION 2. Declaration of Policy (fill in)

The State shall _____ a _____ of _____ _____ in a manner _____ with the _____, _____ and _____ of the _____ of our _____, _____ and _____ waters

A

The State shall PURSUE a POLICY of ECONOMIC GROWTH in a manner CONSISTENT with the PROTECTION, PRESERVATION and REVIVAL of the QUALITY of our FRESH, BRACKISH and MARINE waters

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17
Q

what is section 2 of RA 9275

A

Declaration of Policy

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18
Q

in order to achieve economic growth by properly protecting, preserving and reviving the quality of water, what should be done? under PD 1067

A

the framework for sustainable development shall be pursued

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19
Q

what are the 10 policies of the state to achieve economic growth

A

1) To streamline processes and procedures in the prevention, control and abatement of pollution of the country’s water resources

2) To promote environmental strategies, use of appropriate economic instruments and of control mechanisms for the protection of water resources

3) To 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

4) To formulate an integrated water quality management framework through proper delegation and effective coordination of functions and
activities

5) To promote commercial and industrial processes and products that are environment friendly and energy efficient

6) To encourage cooperation and self-regulation among citizens and industries through the application of incentives and market-based instruments and to promote the role of private industrial enterprises in shaping its regulatory profile within the acceptable boundaries of public health and environment

7) To provide for a comprehensive management program for water pollution focusing on pollution prevention

8) To promote public information and education and to encourage the participation of an informed and active public in water quality management and monitoring

9) To formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity

10) To 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

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20
Q

What is section 3 of RA 9275

A

Coverage of the Act

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21
Q

This Act shall apply to water quality management in all water bodies: Provided, That it shall primarily apply to the abatement and control of pollution from land-based sources: Provided, further, That the water quality standards and regulations and the civil liability and penal provisions under this Act shall be enforced irrespective of sources of pollution

A

SECTION 3. Coverage of the Act

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22
Q

SECTION 3. Coverage of the Act (fill in)

This Act shall apply to _______ in _______ _______: Provided, That it shall primarily apply to the _______ and _______ of _______ from _______ _______: Provided, further, That the water quality _______ and _______ and the _______ and _______ under this Act shall be _______ _______ of _______ of _______.

A

This Act shall apply to WATER QUALITY MANAGEMENT in ALL WATER BODIES: Provided, That it shall primarily apply to the ABATEMENT and CONTROL of POLLUTION from LAND-BASED SOURCES: Provided, further, That the water quality STANDARDS and REGULATIONS and the CIVIL LIABILITY and PENAL PROVISIONS under this Act shall be ENFORCED IRRESPECTIVE of SOURCE of POLLUTION

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23
Q

Who is responsible for the implementation of the Clean Water Act?

A

everyone

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24
Q

the primary government agency responsible for the implementation and enforcement of RA 9275

A

DENR

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25
Q

with DENR being the primary agency implementing RA 9275, what other groups support it?

A
  • other government organizations
  • local government units
  • non-government organizations
  • the private sector
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26
Q

duties of DENR under R9275 (8)

A
  • review and set effluent standards
  • review and enforce water quality guidelines
  • classify groundwater sources and
  • prepare a national groundwater vulnerability map
  • classify or reclassify water bodies
  • establish internationally accepted procedures for sampling and analysis
  • prepare an integrated water quality management framework and subsequently
  • prepare 10-year management plans for each water management area
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27
Q

the government agency which manages and regulates all water resources and services in the Philippines.

A

National Water Resources Board (NWRB)

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28
Q

full NWRB

A

National Water Resources Board

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29
Q

how does the NWRB manage and regulate all water resources and services in the PH?

A

It integrates and coordinates all water related activities that have social, environmental and economic impacts in the country.

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30
Q

The NWRB is under the administrative supervision of ?

A

the DENR, as an attached agency

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31
Q

9 other key government agencies relevant to RA 9275

A
  1. Philippine Coast Guard
  2. Department of Public Works and Highways (DPWH)
  3. Department of Agriculture
  4. Department of Health
  5. Department of Science and Technology
  6. Department of Education
  7. Commission on Higher Education
  8. Department of Interior and Local Government
  9. Philippine Information Agency
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32
Q

The ____ shall enforce water quality standards in marine waters, specifically from offshore sources.

A

Philippine Coast Guard

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33
Q

The Philippine Coast Guard shall enforce ____ ____ ____ in ____ waters, specifically from ____ ____.

A

The Philippine Coast Guard shall enforce WATER QUALITY STANDARDS in MARINE waters, specifically from OFFSHORE SOURCES.

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34
Q

The ____ through its attached agencies shall provide sewerage and sanitation facilities, and the efficient and safe collection, treatment and disposal of sewage within their area of jurisdiction.

A

Department of Public Works and Highways

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35
Q

The Department of Public Works and Highways through its ____ ____ shall provide ____ and ____ ____, and the ____ and ____ collection, ____ and ____ of ____ within their area of ____.

A

The Department of Public Works and Highways through its ATTACHED AGENCIES shall provide SEWERAGE and SANITATION facilities, and the EFFICIENT and SAFE collection, TREATMENT and DISPOSAL of SEWAGE within their area of JUSRISDICTION.

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36
Q

The ____ shall formulate guidelines for the re-use of wastewater for irrigation and other agricultural uses and for the prevention, control and abatement of pollution from agricultural and aquaculture activities.

A

Department of Agriculture

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37
Q

The Department of Agriculture shall formulate ____ for the ____ of ____ for ____ and other ____ ____ and for the ____, ____ and ____ of ____ from ____ and ____ ____.

A

The Department of Agriculture shall formulate GUIDELINES for the RE-USE of WASTEWATER for IRRIGATION and other AGRICULTURAL USES and for the PREVENTION, CONTROL and ABATEMENT of POLLUTION from AGRICULTURAL and AQUACULTURE ACTIVITIES.

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38
Q

The ____ shall set, revise and enforce drinking water quality standards

A

Department of Health

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39
Q

The Department of Health shall ____, ____ and ____ ____.

A

The Department of Health shall SET, REVIVE and ENFORCE DRINKING WATER QUALITY STANDARDS

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40
Q

The ____ shall evaluate, verify, develop and disseminate pollution prevention and cleaner production technologies

A

Department of Science and Technology

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41
Q

The Department of Science and Technology shall ____, verify, ____ and ____ ____ ____ and ____ ____ ____

A

The Department of Science and Technology shall EVALUATE, VERIFY, DEVELOP and DISSEMINATE POLLUTION PREVENTION and CLEANER PRODUCTION TECHNOLOGIES

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42
Q

The ______, _____, _____ and _____ shall prepare and implement a comprehensive and continuing public education and information program

A

Department of Education
Commission on Higher Education
Department of Interior and Local Government, and
the Philippine Information Agency

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43
Q

The Department of Education, Commission on Higher Education, Department of Interior and Local Government, and the Philippine Information Agency shall _____ and _____ a _____ and _____ _____ _____ and _____ _____

A

The Department of Education, Commission on Higher Education, Department of Interior and Local Government, and the Philippine Information Agency shall PREPARE and IMPLEMENT a COMPREHENSIVE and CONTINUING PUBLIC EDUCATION and INFORMATION PROGRAM

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44
Q

means discharges from 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

A

effluent

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45
Q

effluent refers to _____ from _____ _____ which is passed into a _____ of_____ or _____, or _____ _____ _____ of a _____ _____, _____ _____ including _____, _____ and _____ facilities

A

effluent refers to DISCHARGES from 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

46
Q

means 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.

A

effluent standard

47
Q

effluent standard means any _____ _____ or _____ on _____, _____, and/or _____ or any _____ thereof, of _____, _____ or _____ parameters of _____ which a _____ or_____ _____ is allowed to _____ into a_____ of _____ or _____.

A

effluent standard means 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.

48
Q

means 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.

A

hazardous waste

49
Q

hazardous waste means any _____ or _____ of _____ of _____, _____, _____ _____, or _____ form which cause, or contribute to, an _____ in _____ or an _____ in _____ _____, or _____ _____ _____

A

hazardous waste means any WASTE or COMBINATION of WASTES of SOLID, LIQUID, CONTAINED GASES, or SEMI-SOLID form which cause, or contribute to, an INCREASE in MORTALITY or an INCREASE in SERIOUS IRREVERSIBLE, or INCAPACITATING REVERSIBLE ILLNESS

50
Q

What do hazardous wastes take into account?

A
  • toxicity of such waste,
  • its persistence and degradability in nature
  • its potential for accumulation or concentration in tissue
  • other factors that may otherwise (cause or contribute) to (adverse acute or chronic effects) on the health of persons or organism.
51
Q

means any solid, semi-solid or liquid waste material with no commercial value released by a manufacturing or processing plant other than excluded material

A

industrial waste

52
Q

means the policy guideline integrating all the existing frameworks prepared by all government agencies on water quality involving pollution from all sources.

A

integrated water quality managing framework

53
Q

what 5 things should the integrated water quality managing framework contain?

A

(a) water quality goals and targets;
(b) period of compliance;
(c) water pollution control strategies and techniques;
(d) water quality information and education program; and
(e) human resources development program

54
Q

what does a pollutant cause?

A

shall refer to 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

55
Q

means a report to be prepared by the DENR

A

National Water Quality Status Report

56
Q

what does the National Water Quality Status Report indicate?

A

(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

57
Q

means any source of pollution not identifiable as point source to include, but not be limited to, run-off from irrigation or rainwater which picks up pollutants from farms and urban areas.

A

non point source

58
Q

non point source means any _____ of pollution _____ _____ as _____ _____

A

non point source means any source of pollution not identifiable as point source

59
Q

examples of non point sources?

A

run-off from irrigation or rainwater
= which picks up pollutants from farms and urban areas

60
Q

means any identifiable source of pollution with specific point of discharge into a particular water body

A

point source

61
Q

point source means any _____ _____ of _____ with _____ _____ of _____ into a _____ _____ _____

A

point source means any IDENTIFIABLE SOURCE of POLLUTION with SPECIFIC POINT of DISCHARGE into a PARTICULAR WATER BODY

62
Q

means the sludge produced on individual onsite wastewater-disposal systems, principally septic tanks and cesspools.

A

septage

63
Q

septage means the _____ produced on individual _____ _____ _____, principally _____ and _____.

A

septage means the SLUDGE produced on individual ONSITE WASTE-WATER DISPOSAL SYSTEMS, principally SEPTIC TANKS and CESSPOOLS.

64
Q

this means water-borne human or animal wastes removed together with natural water
- as may be present including such waste from other sources intended to receive or retain wastes, or other places or the combination thereof

A

sewage

65
Q

What isn’t included as sewage?

A

oil or oil wastes

66
Q

where does the human or animal wastes from sewage come from? (5)

A
  1. residences
  2. buildings
  3. institutions
  4. industrial
  5. commercial establishments
67
Q

where does the water mixed with the human and animal waste in sewage come from? (3)

A

groundwater, surface water and storm water

68
Q

what are other sources of wastes that could be added in sewage? (3)

A

vessels, offshore structures, other receptacles

69
Q

includes, but is not limited to, any system or network which involves the collection, transport, pumping and treatment of sewage to a point of disposal.

A

sewerage

70
Q

sewerage includes, but is not limited to, any system or network which involves the _____, _____, _____ and _____ of sewage to a point of _____.

A

sewerage includes, but is not limited to, any system or network which involves the COLLECTION, TRANSPORT, PUMPING and TREATMENT of sewage to a point of DISPOSAL.

71
Q

enumerate the parts of a sewerage system

A

pipelines, ditches, channels, or conduits including pumping stations, lift stations and force mains, service connections including other constructions, devices, and appliances appurtenant thereto

72
Q

means 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.

A

sludge

73
Q

sludge means any _____, _____ or _____ waste or _____ generated from water ** plants or facilities.

A

sludge means any SOLID, SEMI-SOLID or LIQUID waste or RESIDUE generated from water ** plants or facilities

74
Q

give specific examples of places where sludge could be generated from

A
  • wastewater treatment plant
  • water supply treatment plant
  • water control pollution facility
  • or any other such waste having similar characteristics and effects.
75
Q

who enforces Wastewater Discharge Permitting System? (WDPS)

A

DENR and the Laguna Lake Development Authority (LLDA)

76
Q

what is the purpose of Wastewater Discharge Permitting System?

A

to control wastewater discharges

77
Q

Facilities that discharge wastewater are required to get what? and from whom?

A

required: permit to discharge (The Discharge Permit (DP))
from: DENR or LLDA.

78
Q

is the legal authorization granted by the DENR/LLDA to discharge wastewater into a water body

A

The Discharge Permit (DP)

79
Q

what has to be paid by anyone discharging wastewater into a water body?

A

Wastewater Charges/Fees

80
Q

what is expected of the Wastewater Discharge Permitting System?

A

expected to encourage investments in cleaner production and pollution control technologies
= to reduce the amount of pollutants generated and discharged

81
Q

who designates certain areas as water quality management areas ?

A

The DENR, in coordination with National Water Resources Board (NWRB)

82
Q

full WQMA

A

Water Quality Management Area

83
Q

full NWRB

A

National Water Resources Board

84
Q

How does the NWRB designate WQMAs?

A

using appropriate physiographic units:
- watershed
- river basins or
- water resources regions

85
Q

what is the objective of the WQMA?

A

to protect the water body and its tributaries

86
Q

thru whom will the WQMA achieve its objective?

A

thru stakeholders collaboration

87
Q

how exactly will the WQMA protect water bodies and its tributaries?

A
  • by keeping their water quality within the Water Quality Guidelines or
    Criteria
    = conforming to the water body’s classification (e.g., Class C or Class SC) or even improve the quality to higher classification (e.g., from C to B or SC to SB).
88
Q

what should be prepared in order to address water quality issues and problems in the area?

A

WQMA Action Plan

89
Q

what will the WQMA Action plan hopefully result to?

A

the improvement or better water quality of the said water body.

90
Q

what is DENR Administrative Order No. 2016-08

A

Water Quality Guidelines (WQG) and General Effluent Standards (GES)

91
Q

what is DAO Water Quality Guidelines (WQG) and General Effluent Standards (GES)?

A

DENR Administrative Order No. 2016-08

92
Q

what are the names of the fresh water body classifications?

A

Class AA: Public Water Supply Class I
Class A: Public Water Supply Class II
Class B: Recreational Water Class I
Class C: Fishery Water, Recreational Water Class II, For agriculture, irrigation, and livestock watering
Class D: Navigable waters

93
Q

what are the names of the marine water body classifications?

A

Class SA: Protected Waters, Fishery Water Class I
Class SB: Fishery Water Class II, Tourist Zones, Recreational Water Class I
Class SC: Fishery Water Class III, Recreational Water Class II, Marshy and/or mangrove areas declared as fish and wildlife sanctuaries
Class SD: Navigable waters

94
Q

Intended primarily for waters having watersheds, which are uninhibited and/or
otherwise declared as protected areas, and which require only approved disinfection to meet the latest PNSDW

A

Public Water Supply Class I

95
Q

Intended as sources of water supply requiring conventional treatment (coagulation, sedimentation, filtration, and disinfection) to meet the latest PNSDW

A

Public Water Supply Class II

96
Q

through what methods should PWSC II be treated?

A

conventional treatments like coagulation, sedimentation, filtration, and disinfection

97
Q

Intended for primary contact recreation (bathing, swimming, etc.)

A

Recreational Water Class I

98
Q

for the propagation and growth of fish and other aquatic resources

A

Fishery Water

99
Q

For boating, fishing, or similar activities

A

Recreational Water Class II

100
Q

Waters designated as national or local marine parks, reserves, sanctuaries, and other areas established by law

A

Protected Waters

101
Q

Suitable for shellfish harvesting for direct human consumption

A

Fishery Water Class I

102
Q

Waters suitable for commercial propagation of shellfish and intended as
spawning areas for milkfish and similar species

A

Fishery Water Class II

103
Q

For ecotourism and recreational activities

A

Tourist Zones

104
Q

Intended for primary contact recreation (bathing, swimming, skin diving,
etc.)

A

Recreational Water Class I

105
Q

For the propagation and growth of fish and other aquatic resources and
intended for commercial and sustenance fishing

A

Fishery Water Class III

106
Q

what are the 14 prohibited acts under section 27?

A
  1. Discharging or depositing any water pollutant to the water
    body, or such which will impede natural flow in the water
    body
  2. Discharging, injecting or allowing to enter into the soil,
    anything that would pollute groundwater
  3. Operating facilities that discharge regulated water
    pollutants without the valid required permits
  4. Disposal of potentially infectious medical waste into sea
    by vessels
  5. Unauthorized transport or dumping into waters of sewage
    sludge or solid waste.
  6. Transport, dumping or discharge of prohibited chemicals,
    substances or pollutants listed under Toxic Chemicals,
    Hazardous and Nuclear Wastes Control Act (Republic Act
    No. 6969)
  7. Discharging regulated water pollutants without the valid
    required discharge permit pursuant to this Act
  8. Refusal or failure to submit reports and/or designate
    pollution control officers whenever required by the DENR
    in accordance with this Act
  9. Noncompliance of the LGU with the Water Quality
    Framework and Management Area Action Plan
  10. Refusal to allow entry, inspection and monitoring as well
    as access to reports and records by the DENR in
    accordance with this Act
  11. Directly using booster pumps in the distribution system
    or tampering with the water supply in such a way to
    alter or impair the water quality
  12. Operate facilities that discharge or allow to seep,
    willfully or through grave negligence, prohibited
    chemicals, substances, or pollutants listed under R.A.
    No. 6969, into water bodies.
  13. Undertake activities or development and expansion of
    projects, or operating wastewater treatment/sewerage
    facilities in violation of P.D.1586 and its IRR.
107
Q

what is section 28?

A

FINES, DAMAGES, AND PENALTIES

108
Q

Upon the recommendation of the ______, anyone who commits prohibited acts such as discharging untreated wastewater into any water body will be fined _____, the amount of not less than _____ but not more than ______

A

Upon the recommendation: Pollution Adjudication Board (PAB)
fine: Php 10,000 to Php 200,000
for: every day of violation

109
Q

Failure to undertake clean-up operations willfully shall be punished by imprisonment of ____. This also includes a fine of _____ per _____.

A

imprisonment: 2-4 years
fine: Php 50,000 to Php 100,000
duration: per day of violation.

110
Q

Failure or refusal to clean up which results in serious injury or loss of life or lead to irreversible water contamination of surface, ground, coastal and marine water shall be punished with imprisonment of ____ and a fine of _____ for ____ the contamination or omission continues.

A

imprisonment: 6 yrs and 1 day to 12 yrs
fine: Php 500,000/day for each day

111
Q

In cases of gross violation, a fine of _____ will be imposed for ____ of violation. _____ may also be filed.

A

fine: hp 500,000 to Php 3,000,000 for each day of violation
Criminal charges may also be filed.

Mining Laws (4 decks)

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