Violation of the Philippine Clean Water Act
Dear PAO,
My neighbor is operating a restaurant business. My concern is the disposal of sewerage waste directly to a lake which is located about 500 meters from our house. I expressed my concern to my neighbor and he told me that they will just dig a pit near their restaurant, so that their waste will not be flowing to the lake. I would like to know if there is a certain law being violated here. Can I personally file a complaint against my neighbor?
Benito
Dear Benito,
Disposing sewerage waste to any body of water is a violation of Section 27 (a) of Republic Act (RA) 9275,otherwise known as the “Philippine Clean Water Act of 2004”:
“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”;
Even if your neighbor will dig a pit where he will dump the sewerage waste, the same will still constitute a violation of RA 9275 specifically Section 27 (b) thereof which states:
“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.”
A complaint can be filed against your neighbor for violation of RA 9275. This finds support under Section 30 of the said law which provides:
“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.”
If your allegation will be proven, your neighbor may suffer the penalties under Section 28 of the same law:
“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) nor more than Two hundred thousand pesos (P200,000) 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.”
This opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter.
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