Situation of Industrial Wastewater Regulation in the Philippines

Vicente B. Tuddao, Jr. Ph.D Career Executive Service Officer IV Assistant Regional Director for Technical Services/Director III Department of Environment and Natural Resources MIMAROPA Region, Philippines

Engr. Erlinda A. Gonzales Technical Officer Department of Environment and Natural Resources National Capital Region

WEPA International Workshop February 06, 2020 Bangkok THE REPUBLIC OF THE PHILIPPINES PROFILE

• There are a total of 1,003,111 business enterprises operating in the country. Of these, 998,342 (99.52%) are MSMEs and 4,769 (0.48%) are large enterprises. Micro enterprises constitute 88.45% (887,272) of total MSME establishments, followed by small enterprises at 10.58% (106,175) and medium enterprises at 0.49% (4,895) (Philippine Statistics Authority, 2018) THE REPUBLIC OF THE PHILIPPINES PROFILE • There are a total of 820,253 industrial establishments (based on 18 industry type) throughout the country, wherein 60% are located within the Manila Bay Region (Metro Manila, Region 3, and Region 4A). Of these number 112,789 are manufacturing industries. • Main manufacturing industries are pulp and paper mills, sugar mills, alcohol distilleries, food processing, plastic and consumer goods, copper smelter, glass plant, steel mills, cement plant, electronics assembly, aerospace, textiles, petroleum refining and shipbuilding. Source: Nat’l Water Quality Status Report, EMB (Based on BOD loadings) Brief Overview of the Situation of Industrial Wastewater Management in the Philippines

• As of October 2017, there are 370 operating special economic zones in the Philippines; 261 Information Technology Parks, 74 Manufacturing Economic Zones, 22 Agro-Industrial Economic Zones, 20 Tourism Economic Zones and 2 Medical Tourism Centers. Four of these are owned by PEZA while the remaining are privately-owned.

• Ideally, the process wastewater and other non-domestic wastewater are pre-treated by industries before discharging the effluent into the sewerage system of the industrial park. • The centralized wastewater treatment facility (CWTF) within the industrial park shall further treat the effluent from industries before discharging it into bodies of water or reuse for landscaping, irrigation or other purposes

• Industries not located within an industrial park, effluent must comply with the Philippine Effluent Standards, DAO 2016-08

• Recent regulations on nutrients have been a challenge for CWTF, operators as existing treatment systems are not designed to remove nutrients such as nitrates and phosphates to the levels required

• Many industrial parks operate their own however, these are still required to comply with pre-treatment effluent standards established by the industrial park before discharge into the CWTF of the park. • With respect to industrial wastewater, individual companies have obligations to manage their wastewater either as stand-alone entities or as part of an industrial park.

• There has been some difficulty in industrial wastewater management since proper treatment of wastewater is assigned to individual industries that have to develop their own expertise to comply with effluent standards set either by the special economic zone they are operating in or with general effluent standards.

• The volume of wastewater generated by an industry highly depends on its technical level of process and on its production rate

• Industries that are known to generate large amount of wastewater are food and dairy manufacturing, pulp and paper products and textile products. • Data on the volume of wastewater generated by the industries are very limited in the Philippines. While individual companies do collect and report their wastewater volume data as required by the regulations, there is no national database collating all these data. • Individual industrial facilities, outside of special economic zones, need to acquire a wastewater discharge permit and are responsible for the quality of their discharge to surface waters. • The majority of the manufacturing industries in the Philippines are located in the National Capital Region (30 percent), Region 4A - Calabarzon (17 percent) and Region 3 - Central Luzon (11 percent). From the monitoring conducted by the EMB, rivers of the mentioned regions had “unsatisfactory ratings” for their water quality criteria • In areas of regulation, in the Manila Bay Area alone, 5,228 out of 10,168 industries were served with Notices of Violation (NOV) for failure to acquire permits to discharge treated wastewater

References: ARCOWA 2018.Wastewater Management and Resource Recovery in the Philippines: Current status and opportunities. GEF, UNDP, PEMSEA Environmental Management Bureau. 2014. National Water Quality Status Report. 2006-2013 Estimated Wastewater Generation Rate Per Industry Relative to the Size of Operation* Industry Wastewater volume Industry Wastewater volume from industrial use from industrial use (‘process (‘process wastewater’) wastewater’) (m3/day) (m3/day) Poultry processing 1,750 Manufacture of 3,100 plant Ethanol Meat and meat 75-380 Sugarcane Milling 100,000 products Mining 67,500 Manufacture of 13,000 Beverages Manufacture of 50-200 Packaging 60 pharmaceutical Manufacture of milk 960 Food Processing 500 Processing of 6,540 Pineapple Plant

*ARCOWA 2018.Wastewater Management and Resource Recovery in the Philippines: Current status and opportunities. GEF, UNDP, PEMSEA Indicative Values of Wastewater Quality in Selected Industries in the Philippines* Industry BOD (mg/L) COD(mg/L) TSS(mg/L) Temp(deg C) pH Sugarcane milling 2,000-3,500 6,000 800 – 1,000 - 6.5 - 8.0 Manufacture of 60,000 110,000 6,000 48-50 4 - 4.5 ethanol Canning of fish 30,000 45,000 10,700 25 6.5 -7.5 products Manufacture of 900 1,500 250 25 11 - 12 beverages Meat processing 1,000 – 1,500 2,000 250 - 7 Copper Cathode - - 43 30.4 8.15 Swine Farm 2,000- 4,200 4,000 – 1,600 – - - 5,429 5,380 Bottling Services 400 1,647.05 90 32.2 8.35 Manufacturing of 6,000- 10,000 17,000- 2,000 – - 5.0-6.3 Desiccated Coconut 20,000 4,000 Pineapple 10,200 20,000 585 40-50 4.5-6.5 Processing Plant *ARCOWA 2018.Wastewater Management and Resource Recovery in the Philippines: Current status and opportunities. GEF, UNDP, PEMSEA PHILIPPINE CLEAN WATER ACT OF 2004 (Republic Act No. 9275) Provides For A Comprehensive and Integrated Strategy to prevent and minimize pollution through a Multi-Sectoral and participatory approach involving all the stakeholders.

The Clean Water Act Applies To:

• Water quality management in all water bodies. • Abatement and control of pollution from land-based sources. • Enforcement of water quality standards, regulations and penalties. PHILIPPINE CLEAN WATER ACT OF 2004 (Republic Act No. 9275)

To control wastewater discharges, DENR has enforced the Wastewater Discharge Permitting System

• All Owners Or Operators Of Facilities That Discharge Regulated Effluents Shall Secure Wastewater Discharge Permit (DP). • DP is the legal authorization granted by the DENR to discharge wastewater into a water body.

• The DENR Implements Wastewater Charge System (WCS) in all Management Areas and Regional Industrial Centers through the Collection of Wastewater Charges/Fees. DENR ADMINISTRATIVE ORDER NO. 2016-08 (An amendment of DAO 1990-35)

WATER QUALITY GUIDELINES AND GENERAL EFFLUENT STANDARDS OF 2016

Discharges from any point source shall at all times meet the effluent standards The GES shall be used regardless of the industry category and volume of discharge

DAO 2016- 08 has also provision for the water classification of water bodies for the purpose of maintaining the quality of water based on beneficial usage. Water Body Classification and Usage of Freshwaters (Rivers, Lakes) Classification Intended Beneficial Use Public Water Supply Class I – Intended Class AA primarily for waters having watersheds, which AA are uninhabited and otherwise protected, and which require only approved disinfection to meet the Philippine National Standards for Drinking Water (PNSDW) Public Water Supply Class II – For sources of water supply requiring conventional treatment (coagulation, sedimentation, filtration and disinfection) to meet the latest PNSDW A Water Body Classification and Usage of Freshwaters (Rivers, Lakes)

Classification Beneficial Use Recreational Water Class I – intended for primary contact recreation (bathing, swimming, B skin diving, etc.)

• Fishery Water for the propagation and growth of fish and other aquatic resources • Recreational Water Class II (Boating, fishing C or similar activities) • For agriculture, irrigation, and livestock watering) Effluent Standards (DAO 2016-08)

Parameter Class A Class B Class C Class D

Ammonia as NH3-N, 0.5 0.5 0.5 7.5 mg/L BOD5,mg/L 20 30 50 120 Boron, mg/L 2 2 3 12

Chloride, mg/L 350 350 450 500

COD, mg/L 60 60 100 200 Color, TCU 100 100 150 300 Cyanide as Free Cyanide, 0.14 0.14 0.2 0.4 mg/L Fluoride, mg/L 2 2 2 4 Effluent Standards (DAO 2016-08)

Parameter Class A Class B Class C Class D

Nitrate as NO3-N, mg/L 14 14 14 30 pH (Range) 6.0-9.0 6.0-9.0 6.0-9.5 5.5-9.5 Phosphate, mg/L 1 1 1 10

Selenium, mg/L 0.02 0.02 0.04 0.08

Sulfate, mg/L 500 500 550 1,000 Surfactants (MBAS), mg/L 2 3 15 30

Temperature(h) °C change 3 3 3 3

Total Suspended Solids, 70 85 100 150 mg/L Effluent Standards (DAO 2016-08)

Parameter Class A Class B Class C Class D

Arsenic, mg/L 0.02 0.02 0.04 0.08

Barium, mg/L 1.5 1.5 6 8 Cadmium, mg/L 0.006 0.006 0.01 0.02

Chromium as Hexavalent 0.02 0.02 0.02 0.04 Chromium (Cr6+)

Copper as dissolved 0.04 0.04 0.04 0.08 Copper, mg/L Iron, mg/L 5 5 7.5 35 Lead, mg/L 0.02 0.02 0.1 0.2 Manganese, mg/L 2 2 2 20 MONITORING OF THE INDUSTRIES Level Responsible Report Requirement Person/Office Project Pollution Control Officer Self-Monitoring Report Proponent/Company (SMR) and/or (CMR) Compliance Monitoring Report

Multi-Partite Team headed by the company Audit Report / CMR Monitoring (MMT) or composed of various Third Party Stakeholders (LGU, Non Monitoring Government Organizations (NGOs) and other sectors)

Regulating body EMB Central Office / EMB- Compliance Evaluation Regional Offices Report METHODS OF MONITORING THE INDUSTRIES

Table Monitoring  Documents submitted o reports (Self-Monitoring Report) o plans o required permits (discharge permit) o other proof of compliance or implementation

Field Monitoring Site Validation (actual plant inspection and effluent sampling plus validation of submitted reports) Enforcement Instruments PENALTIES AND LIABILITIES FOR NON-COMPLIANCE

Anyone who commits violation of the General Effluent Standards (GES), case shall be elevated to the Pollution Adjudication Board (PAB) for issuance of a “Cease and Desist Order” (CDO).

Violation Penalty/Civil Liability

Anyone who commits any of Upon recommendation of the PAB, the prohibited acts or violates Fine of not less than PhP10,000 but any of the provisions of this not more than P200,000 for every day Act & its IRR of violation Violation Penalty/Civil Liability Imprisonment not less than 2yrs but Failure to undertake not more than 4 yrs.; A fine of not clean‐up less than PhP50,000 but not more operations– wilfully or than PhP100,000 per day of violation through gross negligence

Failure or refusal to Imprisonment of not less than 6 yrs. clean‐up and 1 day and not more than 12 yrs. which results in serious injury and fine of PhP500,000 per day for or each violation loss of life or lead to irreversible water contamination Violation Penalty/Civil Liability Gross violation of the Act, PAB shall issue resolution -Deliberate discharge of toxic recommending that proper pollutants gov’t agencies file criminal -Five (5) or more violations within a charges against violator period of 2years -Blatant disregard of the orders of the PAB, such as non-payment of fines, breaking of seals or operating despite the existence of an order for closure, discontinuance or cessation of operation. STATUS OF COMPLIANCE BY INDUSTRIAL / COMMERCIAL ESTABLISHMENTS TO THE CLEAN WATER ACT

• Based on records of the DENR-EMB, of the total industries in the Manila Bay Region that have been monitored from 2011- 2015, only 45.41% are complying with the DENR Standards / or have been issued Wastewater Discharge Permit. At the National level, about 50% are complying.

• This means that many have been issued Notices of Violation (NOV) and are still implementing measures (such as construction of wastewater treatment facility) so as to treat their wastewater. Or some still have pending case with Pollution Adjudication Board (payment of fines/penalties)

Thank you…