the philippine sustainable sanitation knowledge series

Guidebook for Designating a Water Quality Management Area

THE PHILIPPINE SUSTAINABLE SANITATION KNOWLEDGE SERIES

Guidebook for Designating a WaterQuality Management Area

Department of Environment and Natural ResourcesPhilippines

The Philippine Sustainable Sanitation Knowledge Series

THE PHILIPPINE SUSTAINABLE SANITATION KNOWLEDGE SERIES

Guidebook for Designating aWater Quality Management Area

Published by the Department of Environment and Natural Resources (DENR) PhilippinesVisayas Avenue, Diliman, 1100 Quezon City, Philippines

November 2010ISBN 978-971-8986-79-0

Opinions expressed in this publication do not necessarily represent those of the DENR, with the exception ofmaterial/s specifically adopted by an accompanying policy issuance. The mention, if any, of specific companiesor of certain manufacturer’s products does not imply that they are endorsed or recommended by the DENR inpreference over others of a similar nature. Some sources cited may be informal documents that are not readilyavailable. Articles may be reproduced in full or in part for non-profit purposes without prior permission providedcredit is given to the DENR and/or the individual technical writer/s for original pieces.

This document was developed through the Sustainable Sanitationin East Asia Program-Philippine Component (SuSEA).Water and Sanitation Program-PhilippinesThe World Bank Office Manila20th Floor, The Taipan Place, F. Ortigas Jr. Road, Ortigas Center,Pasig City 1605, Metro Manila, Philippines Telephone: +632-917-3143

The findings, interpretations, and conclusions expressed herein are those of the writers and not of the WorldBank, the Swedish International Development Cooperation Agency or the Water and Sanitation Program.

TECHNICAL WRITER: Dr. Rolando L. Metin

EDITORIAL AND TECHNICAL SUPPORT TEAM:Dr. Jaime Galvez Tan, Dr. Marilyn Gorra, Engr. Marieto Perez, Engr. Virgilio Sahagun,Engr. Carmelo Gendrano, Ms. Evelyn Mendoza, Ms. Maureen Agustin, Ms. Vida Zorah Gabe

COVER: LAYOUT: Ariel G. Manuel

The Philippine Sustainable Sanitation Knowledge Series:Guidebook for a Sustainable Sanitation Baseline StudyGuidebook for a Local Sustainable Sanitation StrategyGuidebook for a Local Sustainable Sanitation Promotion ProgramGuidebook for Community-Led Total SanitationGuidebook for a Zero Open Defecation ProgramGuidebook for Onsite Sanitation TechnologiesGuidebook for Designating a Water Quality Management AreaGuidebook for Marketing a Septage Treatment FacilityGuidebook for Monitoring and EvaluationSeptage Management Program: The General Santos City ExperienceThe SuSEA LGU Experience: Dagupan, Guiuan, Polomolok, General Santos City, Alabel, BaukoGuidebook for a Disease Prevention and Control Program for Soil-transmitted Helminth Infectionsand Diarrheal DiseasesGuidebook on Water Supply Protection ProgramWater Pollution Prevention and Control Program: The Polomolok Experience

For inquiries or comments, please contact [email protected]

Guidebook for Designa ng a Water Quality Management Area

Acknowledgments ........................................................................................................ ivForeword ...................................................................................................................... vAcronyms and Abbrevia ons ....................................................................................... viThe SuSEA Program ...................................................................................................... vii

I. Introduc on ....................................................................................................... 1II. Objec ves of this Guidebook ............................................................................. 2III. Procedures in Designa ng a WQMA ................................................................. 3

A. Ini a ng the Designa on of a WQMA .......................................................... 3B. Planning the WQMA Work ............................................................................ 3C. Defining the WQMA Work and Responsibili es ............................................ 4D. Iden fying the Stakeholders ......................................................................... 4E. Organizing WQMA Task Forces/Designa ng Point Persons ........................... 6F. Funding the Pre-WQMA Designa on Work .................................................... 6G. Delinea ng and Mapping the Water Quality Management Area ................... 8H. Gathering Physical and Socio-Economic Informa on .................................. 1 0I. Par cipa on of Local Government Units and Other Stakeholders ................. 1 0J. Stakeholder Consulta ons ........................................................................... 1 1K. Mee ng the Mayors and Key LGU Officials .................................................. 1 2L. Inter-LGU Mee ngs and Consulta ons ......................................................... 1 2M. Documenta on of Mee ngs and Consulta ons .......................................... 1 3N. Classifica on of the Water Body ................................................................. 1 3O. Establishment of Water Quality Monitoring Sta ons .................................. 1 3P. Water Sampling ........................................................................................... 1 4Q. Prepara ons for the Organiza on of the Governing Board .......................... 1 5

IV. Proposal for Designa ng a WQMAA. Who Formulates Proposal? ......................................................................... 1 6B. Dra Administra ve Order to Designate the WQMA .................................... 1 6C. Submission of Proposal .............................................................................. 1 7D. Documenta on Requirements of the Proposal ............................................. 1 7

V. Review of the WQMA ProposalA. Review by EMB Central Office ...................................................................... 1 8B. Review by the DENR Policy Working Group ................................................... 1 8C. Review by the DENR Execu ve Commi ee ................................................... 1 9

VI. Designa on of a WQMAA. Approval of the Administra ve Order .......................................................... 2 0B. Publica on of the Administra ve Order ...................................................... 2 0

VII. Major Immediate WQMA Post-Designa on Ac vi es ..................................... 2 1

Annexes

A. DENR Memorandum Circular No. 15, series of 2009 (Nov. 6, 2009) –Procedural Manual for the Designa on of Water Quality Management Areas,including Annex 1 – Relevant Provisions of the Clean Water Act and itsImpleme ng Rules and Regula ons; Annex 2 – Procedure for Designa onand Re-designa on of WQMA; Annex 3- Key Stakeholders Ide fied in the IRR;Annex 4 – Pro-Forma Le er, and Annex 5 – Sample DAO on Designa onof a WQMA ............................................................................................................ 22

B. Sample of a Proposal to Designate a WQMA (Silway River WQMA) ........................ 23C. Sample List of Documentary A achments to the Proposal to Designate WQMA ... 26

D. Es mated Cost of Establishing a WQMA ................................................................ 28

Defini on of Terms ..................................................................................................... 31


We would like to express profound thanks to the following individuals for theirinvaluable support for their contributions and commitment for the designationof the Silway River WQMA.

Dir. Eduardo Janairo, Dr. Yolanda Oliveros, Engr. Joselito Riego De Dios,Engr. Rolando Santiago, Engr. Luis Cruz, Engr. Gerardo Mogol, and Engr.Ma. Sonabel Anarna (DOH)

Dir. Juan Miguel Cuna, Dir. Julian Amador, Asst. Dir. Jonas Leones, Reg. Dir.Datu Tungko Saikol, Engr. Renato Cruz, Engr. Marcelino Rivera (DENR/EMB)

Engr. Leoncia Rillon and Engr. Ronnie Salmon (EMB XII)

Ms. Jema Sy, Mr. Edkarl Galing, and Ms. Shiela Dela Torre (WB-WSP)

Engr. Nael Joseph Cruspero, Engr. Teody Dumagan, Ms. Becky Magante,Engr. Dave Acosta, Engr. Arn Gallengarin of General Santos City; Mr. Ronnie Muno,Engr. Cecil D. Mirasol, Engr. Alex Macabacyao, Engr. Hezel Marullano, Ms. JoyceDe Guzman, Mr. Felix Bacaling, Mr. Aducan Nilong, Mr. Efren Cordon, Mr. VirgilioRubio, Sr., Mr. Asgar Mangelin, Mr. Godofredo Diot, Ms. Avelina Rencio,Mr. Vicente Yungco, Jr., Ms. Anita Ladaran, Mr. Hosna Andiam of LGU Polomolok;Mr. Julian C. Asion, Jr., Ms. May Flor Carlos, Ms. Olivia Merimon, Mr. RogenGuardaya of LGU T’boli, Engr. Julgen Dajay and Ms. Renette Bergado of LGU Tupi(LGU Partners)

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The Sustainable Sanitation in East Asia Program-Philippine Component (SuSEA)supported by the Water and Sanitation Program (WSP) of the World Bank andthe Swedish International Development Cooperation Agency (SIDA), andimplemented through the leadership of the Departments of Health (DOH) andEnvironment and Natural Resources (DENR), is geared towards increasing accessby poor Filipinos, primarily low-income households, to sustainable sanitationservices by addressing key demand and supply constraints. Aside from this, theprogram hopes to learn from local implementation of sanitation programs asbasis for national policy and operational guidance. Beneficiaries are primarilythe low-income households in participating program sites.

Of the six SuSEA pilot sites, the establishment and designation of a Water QualityManagement Area for the Silway River and its watershed was a key activityseeking to complement local sustainable sanitation initiatives in General SantosCity and Polomolok, two of the SuSEA sites. The idea is that if a water body likeSilway River were to be managed properly and protect its water quality, thensanitation problems must be addressed through various measures like adoptinglocal sustainable sanitation plans, eliminating open defecation, implementinga sewage/septage management program, and mobilizing stakeholders inseeking solutions to these problems.

The objective of designating WQMA is to carry out the state policy of pursuingeconomic growth in a manner consistent with the protection, preservation andrevival of the quality of the country’s fresh, brackish and marine waters.Complementing this policy is being able to formulate a holistic national programof water quality management that recognizes that water quality managementissues cannot be separated from concerns about water sources and ecologicalprotection, water supply, public health and quality of life. This is significant becauseof the very close association between water quality and public health wheremany diseases are caused by contaminated water and that water contaminationcan be traced, to a large extent, to poor sanitation practices and facilities.

This Guidebook seeks to aid planners and those involved in water qualitymanagement in initiating a WQMA. It is just one the guidebooks in theSustainable Sanitation Knowledge Series developed by SuSEA.

On the succeeding page, you will find an illustration of the various sustainablesanitation programs (SSPs) under the National Sustainable Sanitation Plan(NSSP). For each of these SSPs, SuSEA has also developed materials under thePhilippine Sustainable Sanitation Knowledge Series, intended to guide localgovernment units in implementing the various sanitation programs andinitiatives in their own area. The information gathered in the Knowledge Seriesis, in turn, based on specific SuSEA projects and activities in each of the sixproject sites. vii


3. During the planning of theWQMA work, the followingwill be identified: majoractivities and tasks to beundertaken towardsdesignating a WQMA; activityschedules; resourcesneeded, includingequipment, vehicle, funds,etc; office or offices toundertake activities; androles and responsibilities.

4. Prepare a matrix of work andfinancial plan (WFP)

5. Give copy of the WFP toconcerned persons and/oroffices

6. Inform officially the NationalWater Resources Board aboutthe plan to designate an areaas a WQMA.

C. Defining the WQMA Workand Responsibilities

1. Identify the persons and/oroffices that will undertakespecific activities such asdialogues with localgovernment units and othermajor stakeholders, watersampling and analysis,conduct of stakeholderconsultations,documentation of activities,records keeping, and the like.

2. Each major player mustcommit to theresponsibilities and whereapplicable, must havewritten authorization orinstruction from his/hermother office to enablecontinuous official

performance of work andcommit his/her office to thevarious WQMA tasks

3. The names/positions of themajor players are to beindicated in the Work andFinancial Plan, in B above.

D. Identifying the Stakeholders1. Rule 5.1.5 of the IRR of the

Clean Water Act hasidentified some of the keystakeholders in designatingthe WQMA. This is attachedas Annex III of MC 15.

2. The identified stakeholdersare

a. Regional DevelopmentCouncil

b. Local Government Units(LGU): The LGU shall meanthe provinces,municipalities and citiesthat would be covered bythe proposed WQMAdesignation

c. Non-GovernmentOrganizations (NGO): Tobe considered a key NGOstakeholder, the NGOmust possess thefollowing criteria: -currently accredited byany of the LGU where theWQMA is proposed to bedesignated; - has a trackrecord of projects onwater and theenvironment; and has anexisting office in the areawhere the WQMA isproposed to bedesignated

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d. The Water Utilities: Thefollowing will beconsidered as keystakeholders under thiscategory: Water districtsoperating under theproposed WQMAincluding MWSS; andprivately-owned waterservice providers withapproved waterconcessions with any LGUunder the proposedWQMA

e. Business Sectors: Toensure the broad-basedparticipation of thebusiness sector, thefollowing will beconsidered as keybusiness stakeholders:Any organization orassociation of businessenterprises that belong toone industry. Examples: acanning or bottlersassociation, a subdivisionowners association; andany organization,confederation, orassociation whichrepresents the differentsectors of an industry.Example: a local chamberof commerce

f. Protected AreasManagement Board: ThePAMB governs all or partof the area where theWQMA is proposed

g. Watershed Councils: Thewatershed council governsall or part of the areawhere the WQMA isproposed

h. Fisheries and AquaticResources ManagementCouncil: The FARMCgoverns all or part of thearea where the WQMA isproposed

i. Government Corporations:The GOCC are consideredkey stakeholders in thatthey may have policiesdirectly affecting theoperations of theproposed WMQA or viceversa. Examples: the LocalWater UtilitiesAdministration (LWUA),Philippine Economic ZoneAuthority (PEZA);

j. National GovernmentAgencies: The NGA, havingrelevant concerns with theproposed designation ofthe WQMA, are also keystakeholders. Examples:the Department ofAgriculture (DA),Department of Health(DOH), the Department ofPublic Works andHighways (DPWH).

3. In addition, the followingmay also be invited as keystakeholders in WQMAdesignation:

a. Academe, which mayprovide relevant studiesor researches undertakenor become a source oftechnical informationpertaining to the areasrelevant to WQMAdesignation, etc.

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b. Indigenous People’sGroup/IndigenousCommunity Organizationfound within the WQMA,which should be informedof the WQMA designation,hence is counted on tocooperate and providesupport in WQMA-relatedactivities

c. Other sectors which aredeemed relevant toWQMA designation.

4. The identified stakeholdersshall be notified in writing bythe EMB or by the proponentof their inclusion as WQMAstakeholders. They will alsobe invited to meetings andconsultations pertaining tothe WQMA.

Annex 4 of MC 15 presentspro-forma letter of invitationto the stakeholders.

E. Organizing WQMA TaskForces/Designating PointPersons

1. To ensure sustainedparticipation in the pre-WQMA work and to preparethe stakeholders for futurewater quality management, itis advisable for componentLGUs to organize WQMA TaskForces. These Task Forces willtake leadership in theirrespective LGUs and mobilizethe participation of otherstakeholders in their areas.

2. Other major stakeholderslike the water districts,

industry chambers, academeand the like may assign theirown WQMA Point Persons.These stakeholders maydecide to make theirrepresentatives join the LGUTask Force or simply informEMB that their designatedrepresentatives will attendscheduled WQMA meetingsand activities.

F. Funding the Pre-WQMADesignation Work

1. The major expenses indesignating a WQMA are:

a. Water sampling – to bedone monthly. This willentail use of vehicle(rental) and gasoline, fieldallowance of samplingteam and other incidentalexpenses like ice chestand ice for preservation ofwater samples

b. Laboratory analysis – to bedone at the EMBlaboratory. This will needchemical reagents. TheEMB Regional Chief ofLaboratory can determinethe quantity of reagents tobe used for monthlyanalysis of samples

c. Laboratory glassware

d. Stakeholder consultations– venue, meals,reproduction of hand-outs

e. Documentation ofmeetings andconsultations, includingphotography6


2. While the EMB regionaloffice may have some fundsand equipment for the abovework, they may not beadequate to sustain a 12-month work.

3. Stakeholders, notably theLGUs, the water districts, andindustry chamber may berequested to share the costof activities identified above.For example, they mayprovide vehicle, driver and

fuel for the water samplingand/or provide the neededreagents. The LGUs and waterdistricts may take turns inhosting stakeholderconsultations. An estimate ofthe cost of establishing aWQMA is in Annex D.

4. The identification of fundingrequirements and thepossible sources shall bedone during the WQMAplanning process.

Water sampling

Results of BOD Lab Analysis

Silway River Water Quality

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G.Delineating and Mappingthe Water QualityManagement Area

1. The jurisdiction of theproposed WQMA shall bedelineated by the DENRregional office incoordination with the EMBand the LGU concerned,based on survey and maps.

2. The main consideration is thehighest elevation at variouspoints from where dischargesemanate and flow to thewater body.

3. The principal units at theDENR, which may berequested for survey andmapping are the ForestManagement Sector (FMS)and the Land EvaluationParties.

4. Request shall be filed withthe DENR Regional ExecutiveDirector. After approval,coordination shall be donewith the DENR RegionalTechnical Director for FMSand the head of the LandEvaluation Parties.

5. The delineated areas shall beidentified in terms of theirlocation (longitude andlatitude) as determined byGeographic PositioningSystem equipment.

6. The maps that will be neededfor the WQMA are thefollowing:

a. Topographic map(elevation and slope)

b. Political Boundary map

c. land-use map

Political Boundary Map

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Topographic Map

Watershed Map

d. drainage map (using thetopographic map as base)

e. vegetation map

f. watershed map

7. The maps with a scale of1:50,000 should containbaseline data that provide an

accurate description of thearea. Maps that needupdating to reflect the actualdescription/condition haveto be ground-validated.

8. The maps shall be signed bythe DENR Team that preparedthem.

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H. Gathering Physical andSocio-Economic Information

1. The basic socio-economicinformation needed for theWQMA and which provide amore holistic view of thearea and will be used todetermine population andeconomic developmentgrowth trends are:

a. cities, municipalities andbarangays to be includedin the WQMA jurisdiction

b. population and number ofhouseholds

c. land-use of the areas to beincluded in the WQMA

d. list of establishments inthe proposed WQMA area

e. data on existinginfrastructure and utilitiessuch as drainage, watersupply, sanitation andsewerage facilities forbaseline information onstructures and facilities.

2. The physical information,supported by maps needed,are the following:

a. length of the river or areaof the bay or lake to becovered by WQMA

b. height of river bankrelative to the river bed,at highest and lowest

c. depth at various points;depth during dry and wetseasons

d. flow rate in case of rivers

e. siltation andsedimentation rates

3. The other information to begathered are:

a. Water quality recordsbased on previousmonitoring

b. Major pollution threatsand sources

c. Key water qualityproblems or concerns

d. Information associatedwith water qualityproblems/issues such aspublic health and publicuse (drinking watersupply, fishery production,tourism or recreation,etc.)

e. Water quality monitoringdata from EMB

f. Self monitoring reports(SMRs) of industries,academe and otherorganizations.

4. Photographs of variouspoints and location of theriver, bay or lake will helpdescribe the physicalcharacteristics of the waterbody.

I. Participation of LocalGovernment Units andOther Stakeholders

1. The Local Government Units(cities, municipalities andprovinces) are key roleplayers during the pre-designation process and inthe eventual management ofthe WQMA after it is officiallydesignated as such by theDENR Secretary.

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2. The other major stakeholdersare the Water Districts,National Water ResourcesBoard, RegionalDevelopment Council, andregional offices of theDepartments of Agriculture,Public Works and Highways,Health, Education, Scienceand Technology, Trade andIndustry; Bureau of Fisheriesand Aquatic Resources, andHousing and Land UseRegulatory Board.

3. Also included as stakeholdersare business and industry,water utilities, dulyregistered non-government/local people’s organizations/civil societies involved innatural resourcemanagement andenvironmental concerns, andacademe; Protected AreaManagement Boards andFisheries and AquaticResources ManagementCouncils that exist in thearea.

4. To elicit and ensure theparticipation of LGUs and thestakeholders, it is advisablethat the EMB Regional Office(Regional Director) writesthem officially-

a. About the plan todesignate a specific bodyof water as a WQMA;

b. To explain the rationaleand objectives of theWQMA; and

c. About the roles andresponsibilities of theLGUs and stakeholders

during the preliminaryprocesses involved indesignating a WQMA andafter the officialdesignation as a WQMA.

J. Stakeholder Consultations1. Consulting the stakeholders

is a very important processtowards the designation of aWQMA. These consultationsprovide the opportunitiesand mechanisms to:

a. Educate the stakeholdersand the LGUs on therationale, objectives,organization andoperations of a WaterQuality Management Areaand the plan to designatea specific body of water asa WQMA;

b. Identify the peculiar andcommon water pollutionproblems and possiblesolutions;

c. Prepare the LGUs andother stakeholderstowards the organizationof the WQMA GoverningBoard and TechnicalWorking Group;

d. Prepare the LGUs ascommon stakeholders ofwater body and;

e. Set the grounds for thepreparation of LGUCompliance Scheme thatthe WQMA GoverningBoard will require.

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2. The number of consultationswill depend on the adequacyof the topics that need to bediscussed and understood bythe stakeholders.

3. Whenever possible,stakeholder consultationsshould be presided by theEMB Regional Director or hisrepresentatives.

4. Consultations shall bedocumented throughminutes of discussions andphotographs.

K. Meeting the Mayors andKey LGU Officials

1. The support of the Mayors inthe LGU jurisdiction is verycritical in establishing,designating andoperationalizing a WQMA.This is important startingfrom the participation of LGU

officials in WQMA activities,involvement as member ofthe Governing Board andconsultations to thepreparation andimplementation of WQMAcompliance plans.

2. The mayor’s support may alsolead to provision of resourcesneeded in the process ofdesignating the WQMA.

3. The meeting with the Mayorwill also result in designatingthe LGU point person/s forthe WQMA work.

L. Inter-LGU Meetings andConsultations

1. In case two or more LGUs arewithin the jurisdiction of theproposed WQMA,consultations between andamong them need to beconducted.

Stakeholder Consultation

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2. Among the objectives of theinter-LGU meetings andconsultations are: being ableto recognize water pollutionproblems that are common tothem and start planningactions to address theseproblems.

3. The inter-LGU meetings andconsultations are alsoexpected to ushercooperation andcollaboration, includingsharing of resources,especially when the WQMAhas been designatedofficially and has becomeoperational.

M. Documentation of Meetings and Consultations

1. Meetings and consultationsabout the WQMA shall bedocumented throughminutes of discussions andphotographs. These will formpart of the formal proposalfor the designation of aWQMA.

2. In addition to the minutes ofdiscussions, the otherdocuments are: notices ofmeetings, programs, hand-outs and other materialspresented during theconsultation.

3. The documentation reportsshall be kept by the WQMAproponent but in all cases,the EMB Regional Officeshould be provided a copy ofthese documents.

N. Classification of theWater Body

1. Before being designated as aWQMA, the water bodyshould have been classifiedby the DENR uponrecommendation of the EMBDirector, in accordance withthe provisions of DENRDepartment AdministrativeOrder No. 34, series of 1990.

2. If the water body has notbeen classified yet but EMBalready has the necessarydata for its appropriateclassification, EMB shallconduct a public hearingamong the affectedstakeholders (LGU’s,industries, commercialestablishments, residentsrepresented by theirbarangay leaders, and otherstakeholders) to generateconsensus on the appropriateclassification.

3. The official classification ofthe water body shall formpart of the proposal for thedesignation of a WQMA.

O.Establishment of WaterQuality MonitoringStations

1. The water quality monitoringstations are to be establishedby or with the EnvironmentalManagement BureauRegional Office.

2. Locating the water qualitymonitoring stations shall bein accordance with 1 3


established considerationsand procedures adopted bythe EMB

3. A map of the water qualitymonitoring stations, aided byGeographic PositioningSystem, shall be prepared bythe proponent or EMBRegional Office, which shallform part of the final WQMAproposal.

P. Water Sampling1. In accordance with the

Manual of Procedures forDesignating a WQMA,sampling of the water bodyshall be done within a periodof 12 months prior to itsdesignation as a WQMA. Aminimum quarterlymonitoring for a continuousperiod of 12 months shall beconsidered.

Silway River Water Quality Monitoring Stations

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2. The purpose is to determinethe prevailing water qualitybased on the analysis of basicparameters: biochemicaloxygen demand (BOD), totalsuspended solids, pH andfecal coliform. In some areas,the parameters may includephosphate, nitrate and someheavy metals, subject to thedetermination of EMB.

3. The monitoring data that willbe used should not be morethan two years old.

4. Only DENR-approvedmethods of sampling andanalysis shall be considered.

5. In case the WQMA proponentis not the EMB RegionalOffice, it can secure a copy ofthe sampling protocols fromthe EMB to guide actualgathering and analysis ofsamples

6. In the event that there are nomonitoring data that pass theabovementioned criteria, anew water qualitymonitoring program shouldfirst be set up.

Q.Preparations for theOrganization of theGoverning Board

1. The stakeholderconsultations shall serve aspreparation for theorganization of the WQMAGoverning Board. This meansthat in at least one of theconsultations, the GoverningBoard, its composition andfunctions shall be presentedand discussed.

2. As early as the after planning,the WQMA Governing Boardand the LGU WQMA TaskForces, the WQMAproponent (EMB) shallalready inform in writing theGovernor/s, Mayors, nationalgovernment agencies andother stakeholders identifiedin MC 15 and reiterated inthis Guidebook about thecomposition of theGoverning Board and theneed to eventually identifyrepresentatives such as thosefor LGUs.

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2. A copy of a DENR DAOdesignating a WQMA isattached as Annex 5 of MC 15(Annex A) to guide theproponent in drafting anadministrative order.

C. Submission of Proposal1. The proposal will be

submitted by the EMBRegional Director to theDirector of theEnvironmental ManagementBureau (Central Office)through a Memorandum. Thememorandum/proposal shallinclude documents, maps,records of stakeholderconsultation, stakeholderresolution of endorsementsand other informationidentified in MC 15.

2. At least five copies of theproposal shall be submittedto the EMB Director.

3. A Power Point Presentation(in CD) shall likewiseaccompany the submission.

4. A sample of a WQMA proposalis attached as Annex C.

D.DocumentationRequirements of theProposal

1. The proposal shall includethe following documents assupport for the officialdesignation as WQMA:

a. List of barangays of theLGUs traversed by thewater body or are withinthe proposed WQMA

b. Sanggunian Resolution ofLGUs recommending thedesignation of the WQMA.A letter from the Mayorrecommending theproposal may suffice whena Sanggunian resolutioncannot be secured on time.

c. Recommendation fromother stakeholders likethe water districts

d. Maps

1) Political Boundary Map2) Topographic Map3) Drainage Map4) Land Use Map5) Watershed map6) Slope map7) Soil map

e. List and location of theWater Quality MonitoringStations

f. Analysis/Results of the 12-month water sampling andmonitoring (in values andin charts

g. List and Summary ofStakeholder Consultation

h. Documentation ofStakeholderConsultations, includingphotographs

i. Samples of WorkshopTopics and IEC MaterialsDiscussed during theStakeholder Consultations

j. Socio-Economic Profile ofthe LGUs within theproposed WQMAjurisdiction

2. A list of documentssubmitted for designating aWQMA is attached as AnnexD for reference.

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Review of the WQMA Proposal

A. Review by EMBCentral Office

1. Upon receipt of the WQMAproposal, the EMB Directorwill refer it to the WaterQuality Management Sectionof the Environmental QualityDivision for review as toconformity with MC 15 andthe adequacy of informationneeded for a WQMAdesignation.

2. In case additionalinformation or otherdocuments are needed, theoriginating regional officewill be requested to submitthem.

3. When the proposal isconsidered complete andadequate, EMB will officiallytransmit it to the DENRUndersecretary for Policy andPlanning for review by theDENR Policy TechnicalWorking Group.

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B. Review by the DENR PolicyTechnical Working Group

1. The DENR Policy TechnicalWorking Group is an inter-sectoral group within theDENR, representing variousenvironment and naturalresource concerns. It reviewsall policy proposals andproposed AdministrativeOrders before they are finallyadopted by the Department.

2. In conducting the review, onetask of the Policy TechnicalWorking Group is to ensurecoherence and consistency ofa proposed DAO and policyissuances with applicablelaws, implementing rules andregulations and otherexisting circulars and orders.

3. During the review, the EMB(Water Quality ManagementSection) shall be present toanswer questions andrequests for clarification. Tofacilitate understanding ofthe WQMA proposal, the EMBmay also be requested tomake a presentation on theproposed WQMA.1 8


4. In case the Policy TechnicalWorking Group requiresadditional information orfurther clarification, it willrequest the EMB to complywith the requirements.

5. The EMB will again submitthe revised draft DAO(incorporating the commentsof the DENR Policy TWG) tothe Undersecretary for Policyand Planning forendorsement to the DENRSecretary.

C. Review by the DENRExecutive Committee(Case-to-Case Basis)

1. After favourable review ofthe WQMA proposal and thedraft Administrative Order,the Policy Technical WorkingGroup will arrange itsinclusion in the agenda of thenext available DENRExecutive Committeemeeting.

2. The EMB will present theproposed WQMA andAdministrative Order to theExecutive Committee,chaired by the DENRSecretary, with membershipcomprised mainly ofUndersecretaries andAssistant Secretaries. EMBwill answer queries andclarify issues that may beraised during the meeting.

3. Approval of the proposal willbe recorded in the officialminutes of the ExecutiveCommittee meeting.

4. In case the ExecutiveCommittee requiresadditional information ordocuments, it may scheduleanother presentation infuture meetings or decide toapprove the proposal,subject to the submission ofthe additional requirements.

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Annex B

In accordance with Section 5 of the Clean Water Act, and Section 5.1 of itsImplementing Rules and Regulations, we respectfully recommend thedesignation of the Silway River as a Water Quality Management Area (WQMA).

This recommendation is based on the following:

1. The Silway River, stretching 20 km from Tupi down to General Santos City,covers a common physiographic unit comprising of parts of theMunicipalities of T’boli and Tupi, and the whole municipality of Polomolok,all towns belonging to South Cotabato, and parts of General Santos City.

2. A characterization and evaluation of the physical features of the river andits watershed, being a contiguous area with common physicalcharacteristics.

3. A 10-month water quality monitoring from March 2009 to December 2009in 24 stations which conclusively indicates water quality as conforming toClass C classification. This complements the earlier classification ofdownstream Silway River as a Class C water body.

4. Twenty (20) stakeholder consultations covering the period October 2008(General Santos City and other South Cotabato national governmentoffices and NGO’s) and April 2009 to January 2010. Three inter-LGUconsultations were conducted among the stakeholders of General SantosCity, LGUs Tupi, Polomolok and T’boli. Five more consultations each forGeneral Santos and Tupi, and six for Polomolok were conducted duringthe period. These consultations provided the opportunities andmechanisms to a) educate the stakeholders and the LGUs on the rationale,objectives, organization and operations of Water Quality ManagementArea; b) identify the peculiar and common water pollution problems andpossible solutions; c) prepare the LGUs and other stakeholders towardsthe organization of the WQMA Governing Board and Technical WorkingGroup; d) prepare the LGUs as common stakeholders of Silway River, ande) set the grounds for the preparation of LGU Compliance Scheme thatthe WQMA Governing Board will require.


5. Knowledge and widened understanding of the stakeholders about the SilwayRiver WQMA as a result of the 20 consultations

6. Local support as evidenced by the resolutions/letter of the four LocalGovernment Units (General Santos, Tupi, T’boli and Polomolok) and oneWater District (Polomolok) recommending the designation of the SilwayRiver WQMA

7. Submission of documentary requirements – e.g., maps, socio-economicprofile of the LGUs.

8. Consideration of the presence of other management areas such as theSarangani Bay WQMA, Sarangani Bay Protected Seascape, and the Mt.Matutum Protected Landscape.

The EMB Regional Office XII has evaluated the data and information about theSilway River and has found it more than adequate to designate it as a WaterQuality Management Area (WQMA). The area is manageable, being contiguous– covering only parts of LGU T’boli and LGU Tupi, the whole of Polomolok andparts of General Santos City. It may be relevant to point out that except forT’boli, these LGUs, including General Santos City, also belong to the sameCongressional District of South Cotabato and may be expected to get supportfrom the Congressman. These LGUs are very accessible to one another in termsof coordination. Future regular monitoring of the river water quality based onthe established monitoring stations will not be difficult because they arereachable as demonstrated by the 10-month monitoring in 2009. Consistentwith the Procedural Manual ((DENR Memorandum Circular No. 15, series of2009) the manageable size of the Silway River WQMA means greater focus,more flexibility, and better coordination of programs within the WQMAGoverning Board. In this way, the overriding vision of having improved waterquality in the WQMA for sustained economic growth and development will berealized sooner.

To support this recommendation, attached is a proposal for the designation ofthe Silway River WQMA which contains a) a write up about the Silway River andits attributes and b) annexes that include topographic, drainage, land use andpolitical boundary maps, results of the 10-month water quality monitoring,summary of the stakeholders consultations which includes the participants andfocus of discussions, recommendations of the LGUs to designate the SilwayRiver WQMA and other documents like power point presentations.

The designation of the Silway River WQMA will complement the Sarangani BayWQMA which was established by DENR Administrative Order NO. 2009-12, seriesof 2009, dated November 6, 2009. Of the 21 (out of 26) barangays of GeneralSantos that are currently included in the Sarangani Bay Water QualityManagement Area, only six (6) are to be covered by the Silway River WQMA,namely: Apopong, City Heights, Dadiangas North, Dadiangas West, Labangal,Mabuhay, and San Isidro.

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It is expected that with the designation of the Silway River WQMA, the protection ofthe water bodies in the area will be intensified with the active participation of theLocal Government Units and the various stakeholders who have demonstrated keeninterest in environmental enhancement and protection.

We have earlier submitted to EMB Central Office our recommendation to classifythe upstream and midstream of Silway River (Downstream Silway, at GeneralSantos City has been classified as Class C water body). Based on the 10-monthWater Quality Monitoring, and after conducting a public hearing on December9, 2009 at Polomolok, South Cotabato, EMB Region XII officially recommendedthe classification of the upstream and midstream Silway River as a Class C waterbody in accordance with DAO 34, series of 1990. The EMB Region XIIrecommendation to classify the mid-and upstream of Silway River is in Annex Eof the attached proposal.

A draft administrative order to designate the Silway River WQMA is also attachedfor your consideration.

Requesting your favorable consideration.

(signed)DATU TUNGKO SAIKOL Regional Director


Annex C

Annex A - List of Barangays of the Four Local Government Units (LGU)Traversed by Silway River and are Within the ProposedWQMA

Annex B-1 - Resolution of LGU T’boli Recommending the Designationof the Silway River WQMA

Annex B-2 - Resolution of LGU Tupi Recommending the Designation ofthe Silway River WQMA

Annex B-3 - Letter of the Mayor of LGU Polomolok Recommending theDesignation of the Silway River WQMA

Annex B-4 - Copy of the General Santos SP Resolution on SecondReading Recommending the Designation of the SilwayRiver WQMA

Annex B-5 - Excerpt from the Polomolok Water District BoardResolution 10-08 (January 20, 2010) Endorsing theDesignation of the Silway River WQMA

Annex C-1 - Political Boundary Map of Silway River Watershed

Annex C-2 - Topographic Map of the Silway River Watershed

Annex C-3 - Drainage Map of the Silway River Watershed

Annex C-4 - Land Use Map of the Silway River Watershed

Annex C-5 - Map of the Water Quality Monitoring Stations

Annex C-6 - Maps Provided by the Mines and GeoSciences BureauRegion XII – 1) watershed map 2) rainfall pattern, 3) roadnetwork map, 4) slope map, 5) rock types in the area, 6)soil map, 7) land use map and a landsat imagery of theproposed WQMA

Annex C-7 - Other Useful Maps

Annex D - List and Location of the Water Quality Monitoring Stationsin Silway River2 6

SAMPLE OF LIST OF DOCUMENTARYATTACHMENTS TO THE

PROPOSAL TO DESIGNATE THE SILWAY RIVER WATER QUALITY MANAGEMENT AREA


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Annex E - Recommendation of EMB Region XII to Classify the Upstreamand Midstream Silway River as Class C Water Body

Annex F - Analysis/Results of the 10-Month Water Sampling andMonitoring (In Values)

Annex G - Analysis/Results of the 10-Month Water Sampling andMonitoring (in Charts)

Annex H - List and Summary of Stakeholder Consultations

Annex I - Documentation of the Stakeholder Consultations,Including Photographs

Annex J - Samples of Workshop Topics During the Stakeholder

Consultations

Annex K - Samples of Information and Education Materials UsedDuring the Stakeholder Consultations

Annex L-1 - Socio Economic Profile of T’boli

Annex L-2 - Socio Economic Profile of Tupi

Annex L-3 - Socio Economic Profile of Polomolok

Annex L -4 - Socio Economic Profile of General Santos City

Annex M-1 - Letter of EMB Region XII Director to Mayor ValentinMariano of Tupi Requesting Designation of Tupi’sRepresentative to the Proposed Governing Board ofSilway River WQMA

Annex M-2 - Letter of EMB Region XII Director to Mayor PedroB.Acharon of General Santos City Requesting Designationof General Santos City’s Representative to the ProposedGoverning Board of Silway River WQMA

Annex M-3 - Letter of EMB Region XII Director to Mayor EduardoLumayag of Polomolok Requesting Designation ofPolomolok’s Representative to the Proposed GoverningBoard of Silway River WQMA

Note: Similar letters were sent to the Mayor of T’boli, the Governor of South Cotabatoand the Philippine Chamber of Commerce and Industry (General Santos City chapter).


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XII


established in the framework andmonitor the compliance with theaction plan.

Local Government Units - also LGUs;refer to the province/s, cities andmunicipalities that are within thejurisdiction of the proposed WQMA

Multi-sectoral Group - a groupmandated by the Clean Water Act tobe created in a WQMA with thefunction of establishing and effectingwater quality surveillance andmonitoring network includingsampling schedules and other similaractivities. The group shall submit itsreport and recommendation to thechairman of the governing board.

Non-point source - means any sourceof pollution not identifiable as pointsource to include, but not be limitedto, runoff from irrigation orrainwater which picks up pollutantsfrom farms and urban areas.

Point source - means any identifiablesource of pollution with specificpoint of discharge into a particularwater body.

Pollutant - shall refer to anysubstance, whether solid, liquid,gaseous or radioactive, whichdirectly or indirectly: 1) alters thequality of any segment of thereceiving water body so as to affector tend to affect adversely anybeneficial use thereof; 2) ishazardous or potentially hazardousto health; 3) imparts objectionableodor, temperature change, orphysical, chemical or biological

change to any segment of the waterbody; or 5) is in excess of theallowable limits or concentrationsor quality standards specified, or incontravention of the condition,limitation or restriction prescribed inthe Clean Water Act.

Regional Director - refers to the headof the EMB Regional Office

Sanitation - refers to the hygienicand proper management, collection,disposal or reuse of human excreta(feces and urine) and communityliquid wastes to safeguard the healthof individuals and communities. It isconcerned with preventing diseasesby hindering pathogens, or disease-causing organisms, found in excretaand wastewater from entering theenvironment and coming intocontact with people andcommunities. This usually involvesthe construction of adequatecollection and disposal or reusefacilities and the promotion of properhygiene behavior so that facilities areeffectively used at all times.

1

Stakeholders - the people andinstitutions whose welfare andservices are being affected orpotentially to be impacted by thequality of the water body that is beingproposed as a WQMA. They includepeople and institutions that usewater resources like water districts,water util ities, business andindustry, other government offices,academe, and civil society. The LGUs,including the barangays are majorWQMA stakeholders.

1 Philippine Sanitation Source Book and Decision Aid. World Bank, German Technical Cooperation Agency, andAustralian Agency for International Development for the Department of Environment and Natural Resourcesand the Department of Health.

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Stakeholder Consultation - is a processof meeting between and among thevarious stakeholders, usually led bythe EMB Regional Office, to discussand understand the salient provisionsof the Clean Water Act, particularlythose pertaining to water quality andwater quality management area. Tobe included or represented in thestakeholder consultation are thosewho would be affected, directly orindirectly, by the establishment of aWQMA. These are the domestic,residential, institutional, commercial,agricultural, industrial users of water,who are currently, or potentiallypolluters of water bodies, but who arenot a part of the identified keystakeholders.

Technical Secretariat - a groupmandated by the Clean Water Act tobe created in a WQMA which shallbe part of the Department and shallprovide technical support to thegoverning board. They shall becomposed of at least four (4)members who shall have thefollowing minimum qualifications:1) One (1) member shall be amember of the Philippine Bar; 2)One (1) member shall be a ChemicalEngineer, Chemist, SanitaryEngineer, Environmental Engineer orEcologist or have significant trainingand experience in chemistry; 3) One(1) member shall be a Civil Engineeror Hydrologist or have significanttraining and experience in closelyrelated fields and mainly experienceon ground water, respectively; and4) One (1) member shall be aGeologist or Biologist or havesignificant training and experience inclosely related fields.

Water body - means both natural andman-made bodies of fresh, brackish,and saline waters, and includes, butis not limited to, aquifers,groundwater, springs, creeks,streams, rivers, ponds, lagoons,water reservoirs, lakes, bays,estuarine, coastal and marinewaters. Water bodies do not refer tothose constructed, developed andused purposely as water treatmentfacilities and/or water storage forrecycling and re-use which areintegral to process industry ormanufacturing.

Water pollution - means anyalteration of the physical, chemical orbiological or radiological propertiesof a water body resulting in theimpairment of its purity or quality.

Water quality - means thecharacteristics of water which defineits use in terms of physical, chemical,biological, bacteriological orradiological characteristics by whichthe acceptability of water is evaluated.

Water quality guidelines - means thelevel for a water constituent ornumerical values of physical,chemical, biological andbacteriological or radiologicalparameters which are used to classifywater resources and their use, whichdoes not result in significant healthrisk and which are not intended fordirect enforcement but only forwater quality managementpurposes, such as determining timetrends, evaluating stages ofdeterioration or enhancement of thewater quality, and as basis for takingpositive action in preventing,controlling or abating waterpollution.


Water Quality Management Area - anarea comprising a water body and itswatershed (river, lake, bay) officiallydesignated by the DENR Secretaryusing appropriate physiographic unitssuch as watershed, river basins or waterresources regions. Said managementareas shall have similar hydrological,hydrogeological, meteorological orgeographic conditions which affect thephysio-chemical, biological andbacteriological reactions anddiffusions of pollutants in the waterbodies, or otherwise share commoninterest or face similar developmentprograms, prospects, or problems.

Water Quality Management AreaAction Plan - includes, but not belimited to, the following: 1) goalsand targets including sewerage orseptage management program; 2)schedule of compliance to meet theapplicable requirements of the CleanWater Act; 3) water pollution controlstrategies or techniques; 4) waterquality information and educationprogram; 5) resource requirementand possible sources; (f)enforcement procedures of the plan;and (g) rewards and incentives underChapter 4 of the Clean Water Act.

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