Republic of the PhilippinesLAGUNA LAKE DEVELOPMENT AUTHORITY

Pasig City

Board Resolution No. 322Series of 2007

APPROVING THE MODIFICATION OF CERTAIN PROVISIONS OF THE ENVIRONMENTAL USER FEE SYSTEM (Wastewater Charge

System) IN THE LAGUNA DE BAY REGION

WHEREAS, the Environmental User Fee System (EUFS) was approved for implementation in the Laguna de Bay Region under LLDA Board Resolution No. 25, Series of 1996;

WHEREAS, under Board Resolution No. 33, Series of 1996, “Adopting the Rules and Regulations Implementing the Environmental User Fee System in the Laguna de Bay Region”, all development projects, installations and activities that discharge liquid waste into and pose a threat to the environment of the Laguna de bay Region, thus covering industrial, commercial, domestic and agricultural sources, are covered by the system;

WHEREAS, the Philippine Clean Water Act (Republic Act No. 9275) was enacted in 2004 for the protection, preservation and revival of the quality of our fresh, brackish and marine waters;

WHEREAS, Article 2 of Chapter 2 of RA 9275 on Water Pollution Permits and Charges promulgates the implementation of a wastewater charge system in all management areas including Laguna Lake Region and Regional Industrial Centers and all other areas through the collection of wastewater charges/fees;

WHEREAS, Section 5 of the RA 9275 specifies that the areas within the jurisdiction of LLDA shall be designated as one management area under the Administration of LLDA in accordance with RA 4850 and that the standards and wastewater charge system of the CWA should be followed by LLDA;

WHEREAS, under Task 1, Component 2 of Laguna de Bay Institutional Strengthening and Community Participation (LISCOP) there is a need to harmonize the LLDA’s Environmental User Fee System with the Wastewater Charge System of DENR under the Philippine Clean Water Act of 2004;

NOW, THEREFORE, foregoing premises considered, BE IT

RESOLVED, as it is hereby RESOLVED, to adopt the rules and regulations in implementing the Modified Wastewater Charge System in the Laguna de Bay Region hereto attached as Annex A.

Resolution No. 322Series of 2007Page 2

APPROVED on March 22, 2007.

CIRIO H. SANTIAGOChairman

ANGELO T. REYES ZENAIDA C. MAGLAYA

Director Director

CORAZON BAUTISTA-CRUZ EDGARDO C. MANDA

Director Director

AUGUSTO B. SANTOS NICANDRO D. NATIVIDAD

Director Director

ANGELITO S. LAZARO GERARDO V. CALDERON

Director Director

CASIMIRO A. YNARES III, M.D.Director

ATTESTED BY:

ATTY. JOAQUIN G. MENDOZA Board Secretary

ANNEX A

IMPLEMENTING RULES AND REGULATIONS OF THE MODIFIED WASTEWATER CHARGE SYSTEM IN THE LAGUNA

DE BAY REGION

Section 1. Objective

To harmonize the LLDA’s Environmental User Fee System with the Wastewater Charge System of DENR under the Philippine Clean Water Act of 2004;

Section 2. Definition of Terms

Abstracted Water – refers to all the water supply/supplies, intake(s) or sources(s) that is (are) used by an industrial or commercial or other establishment or entity in any process, operation, or activity resulting in the generation of water that is discarded or discharged. For industrial parks and/or similar entities operating common and/or centralized wastewater or sewage treatment plants into which wastewater or sewage generated by locators are discharged, abstracted water refers to the water supplied by such industrial park or similar entity for the use of its locators

Domestic Sewage – refers to water discharged after use for personal hygiene and sanitation or other household uses

Effluent – is a general term denoting any wastewater, partially or completely treated, or in its natural state or liquid waste flowing out through a pipe or a single outlet structure from a manufacturing/industrial plant or wastewater treatment plant

Effluent concentration in the wastewater charge formula – refers to the arithmetic mean of the actual effluent concentrations of priority pollutant parameter (e.g. BOD or TSS)

Priority Pollutant Parameter - refers to that parameter or aggregation of substances in the wastewater discharge that has the greatest potential for adverse environmental impacts or risks to public health and safety

Section 3. Coverage

These guidelines shall apply to all establishments in the Laguna de Bay Region covered by the Wastewater Charge System.

Section 4. Exemptions

The following activities, projects, installations are exempted from securing Discharge Permit:

1. Single residential buildings and similar human occupancy structures that have twelve (12) cubic meters per day or less in total domestic sewage generation;

2. Dry industrial establishment that generates twelve (12) cubic meters or less of total domestic sewage per day or with maximum of 212 workers and with septic tanks; and

3. Industrial or commercial establishment interconnected to central wastewater or sewage treatment plant or facility.

Section 5. Discharge Permit

The Authority shall require owners or operators of facilities that discharge any liquid wastes or regulated effluents pursuant to this Board Resolution to secure a permit to discharge. As such, any person shall file an application in two (2) copies using prescribed forms.

The Discharge Permit shall be the legal authorization granted by the Authority 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.

One (1) Discharge Permit shall be issued for one industry/establishment even if with multiple outlets or outfalls or points of discharge; provided that the source(s) of the multiple outlets or outfalls or points of discharge are from only (1) common project or facility in a contiguous geographical area.

Section 6. Fees for Discharge Permit

The Discharge Permit Fees shall comprise three (3) types of fees:i. Processing Feeii. Fixed Feeiii. Variable Fee

Processing Fee

Upon filing of application for a Discharge Permit, a processing fee in the amount of PhP5,000.00 shall be paid.

Schedule of Fixed Fees

The fixed fee will cover the cost of program administration including but not limited to cost of inspection/sampling and cost of laboratory analysis. It will be dependent on volumetric rate of discharge per outlet or outfall or point of discharge and according to the following schedule:

Volumetric Rate of Discharge

Conventional effluent

Effluent with Heavy Metals

0 – 30 cu. m/day PhP8,000.000 – 150 cu. m/day PhP 16,000.00> 30 – 150 cu. m/day PhP16,000.00

> 150 cu. m/day PhP24,000.00 PhP24,000.00

Schedule of Variable Fee

The variable fee is based on the net waste load model prescribed pursuant to Chapter 2, article 2, section 13 of the Philippine Clean Water Act and Rule 13 of the DAO 2005-10.

Formula for the variable fee, VFVF = Ln x R

Where:Ln = Net Waste Load, kg/yrR = Applicable Unit Rate of Charge , PhP/kg

Formula for the Net Waste Load, Ln:Ln (PPP) = [(Cf – Ca) (Qf x Nf)] x 0.001

Where:Ln = Net Waste Load, kg/yrPPP = Priority Pollutant ParameterCf = Average Concentration of PPP in the effluent

(arithmetic mean for the period for which the net waste load is calculated, typically one year), mg/l (or g/m3)

Ca = Average Concentration of PPP in the best quality abstracted water (arithmetic mean for the period for which the net waste load is calculated), mg/l (or g/m3)

Qf = Average Daily Volumetric Flow Rate of the (final) effluent or wastewater discharged (arithmetic mean for the period for which the net waste load is calculated), mg/l (or g/m3)

Nf = Number of discharge days per year, days/year

The Variable Fee shall be calculated on the basis of only one (1) priority pollutant parameter and shall be calculated for each outlet or outfall or point of discharge.

While there is no limit for the maximum number of discharge outlets from the entity, establishment, factory, or other regulated source, the division of discharge streams into or among several outlets shall not result to qualification to Section 3, (exemption) of this Board Resolution.

However, net waste load shall be limited to industry/establishment who abstract water from surface water. If the source of water is from groundwater or water suppliers (district or service providers), the concentration of water intake shall be assumed as zero or negligible priority pollutant parameter.

Section 7. Selection of Priority Pollutant Parameter

For industrial or commercial wastewaters with high organic or biodegradable materials, the charging parameter is 5-day Biochemical Oxygen Demand (BOD5) while for wastewaters with high inorganic or non-biodegradable materials the charging parameter is Total Suspended Solids (TSS). In the event that the wastewater discharge is a

combination of organic and inorganic materials, BOD5 shall be applied. Table 1 shall be used to select the Priority Pollutant Parameter (PPP).

Table 1 Selection of Priority Pollutant Parameter

Type of IndustryPriority

Pollutant Parameter (PPP)

Beverage Industry BODCement, Concrete, Lime & Gypsum TSSDairy Products BODFerro Alloy Manufacturing TSSPhosphate Fertilizer Industry TSSNitrogen Fertilizer Industry TSSGrain Milling Industry BODInorganic Chemicals TSSLeather Tanning and Finishing BODLivestock Industry BODMeat, Fish and Fruit Canning BODSlaughtering and Meat Products BODMetal Engineering & Finishing TSSMining Industry TSSOrganic Chemicals BODPetroleum Refining BODPlastic Materials & Synthetics BODPulp & Paper Mills BODSteel & Non- Ferro Industry TSSCane Sugar BODTextile Milling & Finishing BODThermal Power Generation BOD

The average concentration of PPP in the effluent, Cf, shall be the arithmetic mean of the PPP concentration for the period (typically one year) for which the net waste load is calculated, expressed in mg/l (or g/m3), provided that the concentrations are all complying or non-complying with the effluent standards. Section 8. Determination of Priority Pollutant Parameter Concentration in the Abstracted Water

Where there is only one (1) source of water supply, the average concentration of PPP in abstracted water source, Ca, shall be the arithmetic mean of the PPP concentrations in the single abstracted water source for the period for which the net waste load is calculated (typically one year) expressed in mg/l (or g/m3).

Where there are multiple (more than one) sources of water (abstracted water) used in the process, operation, or activity, that results in the generation of water that is discarded or discharged at an outlet or outfall or point of discharge, the arithmetic mean concentration of the priority pollutant parameter shall be determined from the abstracted

water source with the best quality (lowest arithmetic mean value of the applicable priority pollutant parameter).

Section 9. Unit Rate of Charge

The prevailing unit rate of charge of Php5.00/kg for complying and Php30.00/kg for non-complying industries shall be applied until such time as the proposed supplemental guidelines of DAO 2005-10 is approved.

Section 10. Repealing Clause

All orders, rules and regulations or parts thereof, which are inconsistent with any of the provisions of this Board Resolution are hereby repealed or modified accordingly.

Section 11. Effectivity

This resolution shall take effect fifteen (15) days after publication in a newspaper of general circulation.

APPROVED on March 22, 2007.

CIRIO H. SANTIAGOChairman

ANGELO T. REYES ZENAIDA C. MAGLAYADirector Director

CORAZON BAUTISTA-CRUZ AUGUSTO B. SANTOSDirector Director

NICANDRO D. NATIVIDAD ANGELITO S. LAZARODirector Director

GERARDO V. CALDERON EDGARDO C. MANDADirector Director

CASIMIRO A. YNARES III, M.D.Director

ATTESTED BY:

ATTY. JOAQUIN G. MENDOZA Board Secretary