Progress of Water Environment Governance 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

The 15th WEPA Annual Meeting 07 February 2020 Bangkok THE REPUBLIC OF THE PHILIPPINES PROFILE

• It has an economy that is a newly industrialized country, transitioning from agriculture to one based more on services and manufacturing. As of 2019, GDP (PPP) was estimated to be at US$1.041 trillion (World Bank, September 2018), US$354 billion(nominal). The 13th largest economy in Asia.

• 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) 2018 List of Establishments of the Philippine Statistics Authority (P 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 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. THE WATER RESOURCES OF THE PHILIPPINES

Coastal & Marine Waters

Major sources of fresh . Covers an area of about 266,00 km sq, surface water including bays and gulfs . Coastline stretches to about 36,289 km . Coral reefs cover about 27,000 sq km . 64 of the 79 provinces are in coastal areas

Inland Waters

. Ground Water – aggregate area of about 50,000 sq km . Lakes - 79 . Rivers  Major River (drainage area not less than1,400sqkm) - 18  Principal River (drainage area not less than 40 km sq) - 421 Water Quality Status STATUS OF RIVERS IN THE PHILIPPINES Out of the 421 Principal Rivers, 180 suffer from water pollution mainly contributed by domestic wastes (fecal coliform), industrial and agricultural wastes. Efforts are being made to rehabilitate these rivers.

Cagayan River Pasig River

The rapid increase in population, urbanization and industrial development has led to the river degradation and deterioration which is due mainly to water pollution. Source: Nat’l Water Quality Status Report, EMB (Based on BOD loadings) • The Environmental Management Bureau, in 2016 regularly monitored 19 priority rivers nationwide. For CY 2016, Only 4 rivers passed both the DO and BOD standards. Out of the fifteen (15) of the 19 rivers monitored, nine(9) rivers or 60% passed the DO (mg/L) while eight (8) or 53% passed the BOD.

• In 2018, EMB identified forty-two (42) priority rivers for monitoring with an objective of improving its water quality in terms of Biochemical Oxygen Demand (BOD) and Dissolved Oxygen (DO). For CY 2018, 37 priority rivers were monitored and out of which, 30 or (81%) passed in terms of BOD while 31 or (84%) in terms of DO The Case of Water Quality Status of Manila Bay, Philippines Monitoring of Bathing Bathing Beaches Monitoring Stations Beaches Around Manila Bay • Nineteen (19) Bathing beaches were monitored for fecal coliform count from 2013 to 2019 • Out of the 19 stations monitored only one (1) station passed the SB Criteria for fecal coliform of 100MPN/100ml (Dalaroy’s Resort) Dalaroy’s Resort Dissolve Oxygen (DO) Monitoring Report for Manila Bay Beaches (National Capital Region), 2015-2018 Manila Bay Bathing Average Average Average Average Water Quality Beaches Monitoring 2015 2016 2017 2018 Guidelines Station Class “SB” DAO 2016-08 Navotas 2.82 0.34 1.50 2.59

3.70 1.10 2.60 3.90 Luneta Cultural Center 3.10 1.00 3.00 2.80 of the 6.0 mg/L Philippines (CCP)

Mall of 2.60 0.70 0.80 0.90 Asia(MOA)

PEATC 5.30 1.80 5.00 4.90

Dissolved Oxygen – is the concentration of oxygen dissolved in the water. It is measured either in concentration or “percent saturation.” Concentration is the milligram of oxygen in a liter of water, expressed as mg/L. Percent saturation is the amount of oxygen in a liter of water relative to the total amount of oxygen that the water can hold at that temperature. (Reference: Water Quality Monitoring Manual, February 2008) Water Quality Guidelines Class “SB” Dissolve Oxygen (DO) = 6.0 mg/L 6 5.3 5 4.9 5

3.9 4 3.7

3.1 3 2.82 2.8 3 2.59 2.6 2.6 Mg/L

1.8 2 1.5 1.1 1 0.9 1 0.7 0.8 0.34

0 Navotas Luneta CCP MOA PEATC Year 2015 2.82 3.7 3.1 2.6 5.3 Year 2016 0.34 1.1 1 0.7 1.8 Year 2017 1.5 2.6 3 0.8 5 Year 2018 2.59 3.9 2.8 0.9 4.9 Phosphate-Phosphorus Monitoring Report for Manila Bay Beaches (National Capital Region), 2015-2018 Manila Bay Bathing Average Average Average Average Water Quality Beaches Monitoring 2015 2016 2017 2018 Guidelines Station Class “SB” DAO 2016-08 Navotas 4.86 2.80 0.20 0.20

1.76 1.17 0.13 0.16 Luneta Cultural Center 1.84 0.92 0.14 0.33 of the 0.5 mg/L Philippines (CCP) Mall of 1.73 9.76 0.38 0.51 Asia(MOA)

PEATC 1.34 1.21 0.10 0.25

Phosphates are nutrients that come from both natural sources and human activities (fertilizers, detergents, wastewater, etc.). Sources of nitrates include fertilizers and domestic and industrial wastes. Sources of phosphate include polyphosphates in detergents, raw sewage, and run off from farms that use phosphate fertilizers. Phosphorus nutrient pollution causes enormous algal bloom, a form of cyanobacteria, which can produce neurotoxins (affecting the nervous system) and hepatotoxins (affecting the liver). Ingestion of these algae produced toxins while swimming can lead to death. (Reference: Water Quality Monitoring Manual, February 2008) Water Quality Phosphate-Phosphorus Guidelines Class “SB” = 0.5 mg/L 9.97 10 9 8 7 6 4.86 5 Mg/L 4 2.8 3 1.76 1.84 1.73 2 1.17 1.341.21 0.92 1 0.33 0.380.51 0.2 0.2 0.130.16 0.14 0.10.25 0 Navotas Luneta CCP MOA PEATC Year 2015 4.86 1.76 1.84 1.73 1.34 Year 2016 2.8 1.17 0.92 9.97 1.21 Year 2017 0.2 0.13 0.14 0.38 0.1 Year 2018 0.2 0.16 0.33 0.51 0.25 Nitrate-Nitrogen Monitoring Report of Manila Bay Beaches (National Capital Region), 2015-2018 Manila Bay Bathing Average Average Average Average Water Quality Beaches Monitoring 2015 2016 2017 2018 Guidelines Station Class “SB” DAO 2016-08 Navotas 4.04 2.80 0.95 0.33

1.17 1.00 1.18 0.38 Luneta Cultural Center of 1.62 0.78 1.01 0.36 the Philippines 10 mg/L (CCP) Mall of 1.38 1.26 0.94 0.33 Asia(MOA)

PEATC 1.46 0.78 0.70 0.33

Nitrate-nitrogen is another essential nutrient needed by plants. This is one form of dissolved nitrogen that naturally occurs in soil and water. It is the primary source of nutrients for plants and may be used as fertilizer. DAO 2016-08 has a minimum acceptable value of 10 mg/L NO3-N. (Reference: Water Quality Monitoring Manual, February 2008) Water Quality Nitrate-Nitrogen Guidelines Class “SB” = 10 mg/L 10

4.5 4.04 4 3.5 3 2.8 2.5 Mg/L

2 1.62 1.38 1.46 1.5 1.17 1.18 1.26 0.95 1 1.01 0.94 1 0.78 0.780.7 0.38 0.5 0.33 0.36 0.33 0.33 0 Navotas Luneta CCP MOA PEATC Year 2015 4.04 1.17 1.62 1.38 1.46 Year 2016 2.8 1 0.78 1.26 0.78 Year 2017 0.95 1.18 1.01 0.94 0.7 Year 2018 0.33 0.38 0.36 0.33 0.33 To Address Water Pollution of Manila Bay, the following Strategies were Adopted/employed:

Strategies: • Rehabilitation of the dredging of river systems and Bay’s shore area) • Strengthen law enforcement • Strong private sector participation (CSR) - Adopt a body of water/estero program • Interagency cooperation and collaboration • Sufficient budget support from the government • Stakeholders participation and cooperation/change of attitude or behaviour The Case of Water Quality Status of Puerto Galera, Oriental Mindoro, Philippines Location Maps of Sabang, Puerto Galera: Designated as Water Quality Management Area (WQMA) Pursuant to Clean Water Act (Republic Act No. 9275, series of 2004)

Sabang Bay Sabang Bay is designated a Water Quality Management Area (WQMA) pursuant to Clean Water Act

Monitoring Stations Water Quality Monitoring Report, Fecal Coliform count (MPN/100 mL) 5 meters away from the shore Sabang Bay, Puerto Galera, 2019 Water Quality Report, Fecal Coliform Count, MPN/100mL, Sabang Bay, Puerto Galera (2015-2019) Graph

WQG Water Quality Monitoring Report (Phosphate), Sabang Bay, Puerto Galera, 2019

Note: All passed the WQG Water Quality Monitoring Report (Phosphate), Sabang Bay, Puerto Galera, 2019 Graph Water Quality Report, Dissolve Oxygen (DO) mg/L, CY 2015-2019, Sabang Bay, Puerto Galera

Note: Sabang point station failed the WQG Water Quality Report, Dissolve Oxygen (DO) mg/L, CY 2015-2019, Sabang Bay, Puerto Galera Graph Total Suspended Solids (TSS) mg/L, CY 2015-2019, Sabang Bay, Puerto Galera

Note: All monitoring stations passed the WQG from year 2015 to 2019 Total Suspended Solids (TSS) mg/L, CY 2015-2019, Sabang Bay, Puerto Galera Graph Completed construction and fully operational Sewerage Treatment Plant (STP) in Puerto Galera-Sabang Beach Area in October, 2019 to service both domestic and commercial establishments along the beach area with a capacity of 1,750 cubic meters per day Status of Industrial Wastewater Management 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) Status Domestic Wastewater Management Status of Wastewater Management in the Philippines • Only 10% of wastewater is treated;

• Only 5% of the total population is connected to a sewer network. The vast majority uses flush toilets connected to septic tanks;

• 76.8 percent of families in the Philippines have sanitary toilet facilities (DOH, 2008).

• Less than 10 percent have access to piped sewerage systems. Those that are not connected to a sewerage network rely on septic tanks, pit latrines, or practice open defecation.

• In Metro Manila, 43 sewage treatment plants (STPs) and septage treatment plants (SpTPs) service more than a million residents or around nine percent of the region’s entire population. An average of 9.4 million kilograms of BOD was removed per year during this four-year period. The highest pollution load reduction was attained in 2012 with 9.5 million kilograms of BOD removed. • The estimated total annual volume of wastewater produced from both municipal and major agricultural industries is about 7,465 million cubic meters. This data may be considered inadequate because there are other industries that are producing wastewater but their data are not readily available.

Sewage Treatment Plant in Balanga, Bataan, Philippines designed to serve 180, 000 households in the province of Bataan. TotalTotal Area:Area: 300,000300,000 SqSqkmkm

Balanga, Bataan Balanga, Bataan

Location of Some of the Sewage Treatment Plants in Metro Manila and Adjacent Provinces Legislative Framework for Water Environmental Governance 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. 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) 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 Effluent used for agricultural purposes shall conform to the DA Administrative Order No. 2007-26.

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. 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 Institutional Framework for Water Environmental Governance National Government Agencies with Primary mandates on Water Environment Governance

Executive Order No. 192 (1987) “The Department of Environment and Natural Resources (DENR) shall be the primary government agency responsible for the conservation, management, development, and proper use of the country’s environment and natural resources.”

The Environmental Management Bureau is the primary government agency under the DENR mandated

- to formulate, integrate, coordinate, supervise, and implement all policies, plans, programs, projects and activities relative to the prevention and control of pollution as well as management and enhancement of environment Other Government Agencies with related mandates on Water Environment governance:

• Laguna Lake Development Authority – to formulate, regulate and implement all policies, plans, programs, projects and activities relative to the prevention and control of pollution as well as management and enhancement of environment in Laguna Lake Region • Pasig River Rehabilitation Commission – Coordinate and integrate, and monitor the implementation of all Government Agencies plans, and programs for the rehabilitation of Pasig river • Department of Public Works and Highways –It is the primary agency that implement the country’s national Sewerage and Septage Management • Metro Manila Development Authority – administer governance of MM area development such as infrastructure development, law enforcement of environmental laws- solid waste management, Clean Water Act, Water Code of the Philippines, Clean Air Act, etc. • Department of Health (DoH) – administer the compliance of the country’s National Standard for Drinking Water Program • Metro Manila Sewage and Sewerage System (MWSS) – Governance of the water supply program of Metro Manila and other provinces, and directly oversee the implementation of plans and programs of the two water concessionaires, namely: Manila Water Company (MWC) and Maynilad Water Services Co.(MWSC) • Local Government Units (LGUs) – administer/management of rivers within the jurisdiction of the LGUs, and implement Ecological Solid Waste Management Act within its area of political and jurisdictional responsibility. • Department of Interior and Local Government (DILG) – administer the implementation of the country’s National Water Supply and Sanitation Program, and mandated to oversee the attainment of the country’s SDG goal on access to safe drinking water by all. • Under the National Sewerage and Septage Management Program, the LGUs shall share the responsibility in the management and improvement of water quality within their territorial jurisdictions.

• Local Government Units are the key players in the Water Quality Management Areas designated by DENR in accordance with Sec. 5 of the Clean Water Act and its IRR Water Quality Monitoring Framework 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 for Water Environment Management PENALTIES AND LIABILITIES FOR NON-COMPLIANCE

Anyone who commits violation of 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. On-Going Major Environmental Law Enforcement

• Continuing Clean Up Drive of Boracay Beach Area- Issued Notice of Violation (NOVs) and Cease and Desist Order (CDOs)to various commercial establishments in Boracay Beach Areas (Prime Tourist Destination), Province of Aklan, in violation of Clean Water Act; Demolished various establishments in violation of the easement rule under the Water Code of the Philippines.

• Rehabilitation of Manila Bay- on-going massive ground inspection and issued Notice of violation (NOVs) and Cease and Desist Orders (CDOs) of violating commercial establishments/hotels for failure to establish STPs/wastewater treatment plants. • Clean Up Drive of other major Beach Areas of prime Tourist destination in MIMAROPA region namely: Coron, El Nido and San Vicente, in Palawan, and Puerto Galera in Oriental Mindoro, San Jose in Occidental Mindoro; Panglao, Bohol and Siargao, Agusan Del Norte. Issued Notice of Violation (NOVs) and Cease and Desist Orders (CDO)to various commercial establishments in violation of Clean Water Act; Demolished various establishments in violation of the easement rule under the Water Code of the Philippines.

• Clean Up drive and rehabilitation of selected major/principal rivers in the country. Future targets, plans, issues and challenges of water environment governance Targets Metro Manila and for Areas Outside Metro Manila

• By 2037, 100 percent of all households (with projected population of 15 million ) and commercial establishments within Metro Manila should have connected to sewer lines for the wastewater treatment facilities/plants to be put up and operated by the Manila Water Company and Maynilad Water Services Co. in line with the 25 year contracts signed between said companies and the government through the MWSS;

• All LGUs should have developed septage management systems and the 17 highly urbanized cities have developed sewerage systems by 2022 per Philippine Development Plan (PDP).

• By 2022, approximately 43.6 million people have access to SpTPs and about 3.2 million will have access to STPs.

• By 2022, PhP 26.3 billion has been invested in sanitation improvement projects.

• By 2022, about 346 million kg of BOD is diverted from the environment per year as a result of the sewerage and septage management projects Issues and challenges needed to be addressed to Improve Water Environment Governance

• Increase access to the new knowledge and technologies generated from international R&D standards for the effective and efficient management of domestic wastewater through WEPA • Participation to the global or regional network for the access to information on improved approaches/strategies, and access to financial and technical assistance in the development of the country’s comprehensive domestic wastewater treatment systems and facilities; and • With the foundation for sustainable water quality management already laid out, the main challenge now lies in the continuation of existing water quality management policies and programs to rehabilitate and preserve the quality of the country’s water bodies, and ultimately, achieve and sustain quality life for future generations Manila Bay Thank you