• What is a Discharge Permit?
• Requirements
• Fees & Payment
• Issuance or Disapproval
• Suspension or Revocation
• Renewal
• Validity

What is a Discharge Permit?

Owners or operators of facilities that discharge any liquid wastes or regulated effluents to the Laguna de Bay are required to secure a discharge permit.

The Discharge Permit is the legal authorization granted by the LLDA to discharge wastewater. It specifies among others, the quantity and quality of effluent that said facilities are allowed to discharge into Laguna de Bay.

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

Requirements

File an application using the prescribed forms, under oath by the Chief Executive Officer or his duly authorized representative, in two (2) copies and supported by the official receipt of the filing fee and by such documents, information and data as may be required by the LLDA, including but not limited to the following:

1. A copy of the applicant's LLDA Clearance;
2. Engineer's Report containing such information as the declaration of production capacity stating the quantity or volume and the generic name(s) of product(s), the nature and character of applicant's waste, its chemical composition, total daily volume of discharge of raw waste, treatment process and estimated treatment efficiency, if available, and the total daily volume of water consumption and discharge of finally treated waste or effluent. The engineer's report shall be signed by a licensed engineer;
3. Statement of the final cost incurred in the installation of the pollution control device, if any, and its annual maintenance costs;
4. A copy of the Pollution Control Officer's Certificate of Accreditation issued by the LLDA, or appointment/designation as such by the Chief Executive Officer;
5. Proof of payment of user fees as assessed by the LLDA;
6. Certification of safe wastewater reuse from the DA[2].
7. Other documents as may be required by the LLDA.

In case of any written opposition to the application, the LLDA may conduct a public hearing. The discharge permit may only be issued after the conduct of a public hearing, upon compliance by the proponent of the conditions of the permit and submission of a performance bond or any guarantee which will answer for any future environmental damage.

Fees & Payment

The Discharge Permit Fees shall comprise three (3) types of fees:

1. Processing Fee
2. Fixed Fee
3. Variable 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:

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, VF

VF = Ln x R

Where:

Ln = Net Waste Load, kg/yr

R = Applicable Unit Rate of Charge , PhP/kg

Formula for the Net Waste Load, Ln:

Ln (PPP) = [(Cf - Ca) (Qf x Nf)] x 0.001

R = Applicable Unit Rate of Charge , PhP/kg

Where:

Ln = Net Waste Load, kg/yr

PPP = Priority Pollutant Parameter

Cf = 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 is 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 is assumed as zero or negligible priority pollutant parameter.

Assessment of User Fees

The total annual user fees are assessed based on:

• Data provided by the applicant in the application form;
• Previous year's self-monitoring reports, if any;
• the Industrial Effluent Guide, and
• Other data available at the LLDA.

For subsequent years, surcharge or credit will be applied depending on the accuracy of previous year's assessment or actual discharge characteristics.

Surcharges and Credits on Annual User Fees

If actual discharge loadings are greater than those allowed, the LLDA shall impose surcharges upon renewal of the discharge permit equivalent to the excess loading times the applicable user fee rates plus five (5) percent of this amount per month.

If the actual discharge loadings are less than those allowed, the permit holder is entitled to a refund or credit of a portion of the variable fee corresponding to the reduced loading.

The allowable exceedance must be within 20 percent of the allowable discharge loading as specified in the permit and must not be more than two (2) consecutive periods or quarters.

If actual discharge conditions (loadings and duration) are in excess of allowed, the LLDA shall suspend or revoke the permit, and/or impose other sanctions as the case maybe.

Any surcharge or credit will be determined upon permit renewal and incorporated into the permit fee assessment for the coming year.

Payment Scheme

The variable component of the user fee maybe paid in full or in equal quarterly installments.

Full payment made within fifteen (15) days after release of assessment at the time of filing shall be entitled to a twenty (20) percent discount.

Late payment of quarterly installments shall be imposed a five (5) percent per month surcharge without prejudice to the imposition of other fines and penalties. Schedule of quarterly payments shall be specified in the discharge permit.

Issuance or Disapproval

The LLDA shall process the application within thirty (30) days from receipt of requirements in good order, including payment of all filing fees due. Within 30 days, the LLDA will issue the discharge permit upon showing of compliance to requirements OR disapprove the application in writing, stating the specific reason(s).

If the application is disapproved, the applicant may file a petition for reconsideration within ten (10) days from receipt of written notice. The LLDA will decide on the petition within fifteen (15) days from date of filing. The decision on the appeal is final and executory.

The applicant may appeal the decision to the DENR Secretary within fifteen (15) days from receipt of written notice of such decision. Said appeal shall not stay the execution of the decision of the LLDA unless ordered otherwise by the DENR Secretary.

The permit holder shall display its permit within the premises of the plant or installation or in a conspicuous place preferably at the main gate of the establishment in close proximity to the company/plant name and in such manner as to be clearly visible and accessible to the public.

The discharge permit is non-transferable. In case of sale, transfer of ownership or control of the installation and/or facilities, the transferee should notify the LLDA, provide the name and address of the transferee and documents evidencing the transfer, and file an application for transfer of the permit in his name.

Suspension or Revocation

After due notice and hearing, the LLDA may suspend or revoke a discharge permit on any of the following grounds:

a) Non-compliance with, or violation of any provisions of R.A. 4850 as amended, P.D. 984 or its implementing rules and regulations particularly the water quality standards, these Rules and Regulations, and/or permit conditions;

b) False or inaccurate information stated in the application for permit which the LLDA used as basis to issue the permit;

c) Refusal to allow lawful inspections;

d) Non-payment of user fees due in accordance with the schedule of fees and payment scheme as provided for under these rules and/or permit conditions;

e) Other lawful and valid causes as provided for in these rules and regulations.

If the applicant proceeds to discharge wastes despite disapproval of application or suspension / revocation of discharge permit, the LLDA shall:

• immediately issue an ex-parte cease and desist order directing the discharger to discontinue from further discharging its liquid waste into the lake or its tributary rivers, or
• stoppage of discharger's operations, and
• impose the fines and penalties at the existing rate applicable and provided for by law, without prejudice to criminal prosecution under RA No. 4850, PD 813, EO 927, and PD 984, and other applicable laws.

Validity

A discharge permit is valid for the period specified therein, normally one (1) year from the date of issuance, unless a limited period is stated, or suspended sooner or revoked.

A suspended or revoked permit may be re-issued during the original life of the permit only after the permit holder has fully complied with the water quality standards, permit conditions, and/or payment of fees, fines, penalties and damages to the LLDA and to the affected party. The reinstated permit expires according to its original expiry date.

RELEVANT LAWS AND REGULATIONS:

1. Board Resolution No. 322, Series of 2007 - APPROVING THE MODIFICATION OF CERTAIN PROVISIONS OF THE ENVIRONMENTAL USER FEE SYSTEM (Wastewater Charge System) IN THE LAGUNA DE BAY REGION

2. LLDA Board Resolution 1996-33 - APPROVING THE RULES AND REGULATIONS IMPLEMENTING THE ENVIRONMENTAL USER FEE SYSTEM IN THE LAGUNA DE BAY REGION (Article 2)

[1] Section 4(d) of R.A. 4850, as amended by P.D. 813 and E.O. 927 defines the authority of the Laguna Lake Development Authority (LLDA)

[2] DA Administrative Order No. 2007-26