IRR of LLDA Board Resolution No. 414, Series of 2011

2016

LLDA MEMORANDUM CIRCULAR NO. 003-16

 

WHEREAS, Board Resolution 414 "DESIGNATING THE TWENTY FOUR (24) SUB-WATERSHEDS OF THE LAGUNA DE BAY BASIN AS SUB-WATER QUALITY MANAGEMENT AREAS (SUB-WQMAs) and APPROVING THE IMPLEMENTATION OF AN INTEGRATED WATERSHED MANAGEMENT PROGRAM (IWMP) FOR THE LAGUNA DE BAY SUB-BASINS" was approved by the LLDA Board of Directors in 2011;

WHEREAS, Section 5 of RA 9275 or the Clean Water Act has designated the Laguna de Bay as a Water Quality Management Area (WQMA) on which the provisions of said Act shall be applied;

WHEREAS, Section 15 of BR 414 specifically tasked the Resource Management Department (RMDD) to craft its Implementing Rules and Regulations (IRR).

NOW, THEREFORE, in consideration of the above premises the LLDA hereby approves and adopts the following as the Implementing Rules and Regulations of BR 414.

SECTION 1. Scope. —

These rules shall apply to water quality management in the twenty-four (24) sub-basins of Laguna de Bay Basin namely 1) Muntinlupa 2) Taguig 3) San Pedro 4) Biñan 5) Sta. Rosa 6) San Cristobal 7) San Juan 8) Los Baños-Mt. Makiling 9) Calauan-Bae (including the 7 lakes) 10) Pila-Victoria 11) Sta. Cruz 12) Pagsanjan-Lumban 13) Pangil 14) Siniloan 15) Santa Maria-Mabitac 16) Jala-jala 17) Pililla 18) Baras 19) Tanay 20) Morong-Teresa 21) Angono-Binangonan 22) Cardona 23) Manggahan and 24) Marikina.

SECTION 2. Objectives. —

1. To create Watershed Management Council (WMC) for each of the 24 sub-basins that include sub WQMA Board, Multi-sectoral Group and Technical Secretariat who shall establish data base system and formulate an Integrated Watershed Management Plans for each sub-basin.

2. To develop harmonized land use and efficient water quality monitoring surveillance and evaluation plans and formulate policy guidelines based on the approved framework plan for water quality and integrated water resources management in the respective sub-basin. HSAcaE

3. To develop and establish sustainable funding mechanism and action plans for project implementation within the sub-basin.

SECTION 3. Policy Guidelines. —

a. Framework for Integrated Watershed Management Program. To ensure the institutionalization of an effective, efficient, equitable, and integrated watershed management system, the Framework for Integrated Watershed Management Program (IWMP) for the Laguna de Bay Sub-basins shall be adopted in all the twenty-four (24) sub-basins by creating geographically focused body to formulate and implement the policy, coordinate protection and remediation measures and attends a set of institutional, market based, conflict resolution, technical and engineering measures as well as community based watershed management interventions to control the rate of deterioration and ensure water security for the future in the lake region.

b. Integrated Watershed Management Planning. Comprehensive watershed characterization and development of a 10-year Integrated Watershed Management Plan for the twenty-four (24) sub-basins shall be undertaken through a participatory approach involving key stakeholders and through the technical assistance from the academic and research institutions. Appropriate strategies and approaches shall be developed for each of the 24 sub-basins in consonance with the Framework for IWMP which include:

i) Creation of a SubWQMA Board with the following composition:

a) representatives of the Mayors of concerned Local Government Units (LGUs)

b) LLDA General Manager

c) River Council and/or duly registered Non-Government Organizations (NGOs) accredited by the LGU

d) Water utility sector

e) Business sector

f) Technical Secretariat

 For purposes of this Memorandum Circular, Heads of the following Departments within the Local Government Unit such as the Municipal/City Planning and Dev't. Coordinator (MPDC/CPDC), Municipal/City Environment and Natural Resources Officer (MENRO/CENRO), Municipal/City Health Officer (MHO/CHO) and Municipal/City Engineer or those who have significant trainings and experience in closely related fields shall be part of the Technical Secretariat in the absence of 1) a member of the Philippine Bar 2) Chemical Engineer, Chemist, Sanitary Engineer, Environmental Engineer or Ecologist 3) Civil Engineer or Hydrologist 4) Geologist or Biologist as defined in the Clean Water Act.

ii) Set up goals, strategies, targets and timelines towards implementing an integrated water resources management project and develop evaluation tool to assess its impact in the overall objectives of the WMC within the sub-basin.

a. Creation of Technical Working Group within the LLDA. A Technical Working Group (TWG) of LLDA shall be created and composed of the Department Head of RMDD, Division Chiefs/OICs of the Community Development Division (CDD), Project Development, Monitoring and Evaluation Division (PDMED), Environmental Laboratory and Research Division (ELRD) or their duly designated alternates as well as representatives from the Legal and Adjudication Division and Environmental Regulations Department. The TWG has the following functions:

b. Develop tools and conduct periodic evaluation on the performance of the WMCs.

c. Establishment of the Watershed Management Council (WMC) with the following membership and tenure:

 Government Members.

i) National agencies shall be represented by the LLDA General Manager and a Department Head with Division Chief or appointed alternate representatives.

ii) The Local Government Units shall appoint their permanent and alternate members to the WMC. The appointment shall state the extent of the authority of the representative to make commitments in behalf of the agency represented. In case a local government unit belongs to more than one sub-basin, the LGU shall designate the same representative for all the sub-basin where it is a member.

 Non-government Members.

 A representative from civil society group duly accredited by the LGU, water utility and private business sectors in the sub-basin or with recognized interests in the area shall be chosen from among themselves through sectoral assemblies convened for the purpose. Such assemblies shall be open to all accredited civil society or private business organizations in the proposed area. The WMC may provide for several members from each non-government sector, to ensure that significant sub-sectors are represented, depending on the size of the SubWQMA and complexity of the problems or issues faced. In areas with existing River Councils, the RC shall assume the NGO representation in the SubWQMA Board. HESIcT

 Terms of Membership.

 Members representing national government agencies shall serve permanently unless replaced by their appointing authority. Elected officials of local government units shall serve for such time as may be permitted by their terms of office, while their representatives shall serve for as long as they are authorized by the local government unit. Non-government members shall serve for a maximum of three (3) years, unless re-nominated. The representatives of the water utility sector shall serve for as long as they are authorized by the agency. When a representative from the civil society or business sector is incapacitated or resigns, the sector or sub-sector represented shall nominate a new representative who shall serve a full term.

d. Institutional Mechanism

 Role of LLDA

i) A composite group from the LLDA that include representatives from the Environment Laboratory and Research Division (ELRD), Environment Regulatory Department (ERD) and the Legal and Adjudication Division (LAD) together with the Watershed Management Council (that include the SubWQMA Board) shall prepare a Water Quality Management Action Plan and a Compliance scheme to ensure that the lake maintains Class C level as defined in the Philippine Clean Water Act. The Water Quality Management Action Plan shall include:

(a) goals and targets including sewerage or septage program

(b) schedule of compliance to meet the applicable requirements of the Clean Water Act

(c) water pollution control strategies or techniques;

(d) water quality information and education program;

(e) resource requirement and possible sources;

(f) enforcement procedures

ii) The LLDA Board shall approve/issue other resolutions that are necessary to successfully implement the objectives and provisions of the Clean Water Act as well.

iii) The LLDA Board also functioning as Laguna de Bay WQMA Board shall grant the Sub-WQMA Board certain authority necessary to achieve its purpose such as i) monitoring of water quality within the water body ii) do emergency response iii) compliance with the framework of the Water Quality Management Action Plan iv) participation in all efforts concerning water quality protection and rehabilitation. Provided, that copy of the results of any activities and interventions relatives to IWM purpose shall be coordinated and results properly endorsed the LLDA.

 Role of Local Government Units

i) The Local Government Units within the specific sub watershed shall adopt the Institutional Arrangement specified in the Clean Water Act and LLDA Board Resolution 414 and its IRR to ensure the effective implementation of the IWM program in the Laguna de Bay Basin.

ii) The LGUs shall designate it permanent representative to the WMC and assign its counterpart technical staff (MENRO/CENRO, MPDC/CPDC, City/Municipal Engineer) to take part in monitoring the quality of the river/s. Inform the LLDA the industries/establishments and other activities that ultimately affect the condition of the rivers and watershed. caITAC

iii) Undertake immediate actions in case of urgent situations e.g., oil spill, fish kills, etc. Closely coordinate with LLDA's Quick Response Team to conduct the necessary sampling and analysis.

iv) Be involved in the formulation of Water Quality Management Action Plan as a component of the Integrated Watershed Management Plan and ensure active participation and the compliance to the agreements during the execution of the plan.

v) Participate in all efforts, activities, programs concerning water quality protection and rehabilitation including the harmonization of the Comprehensive Land Use Plans (CLUPs) of LGUs within specific sub watersheds.

 Role of Civil Society, Private and Business Sector

 In the development and implementation of IWM Program, the NGOs, civic organizations, academe, peoples organizations, the private and corporate sectors and other concerned stakeholders' groups shall be engaged in activities such as planning, community organizing, research, technology transfer, information sharing, investment and training programs. These sectors may also appropriate funds from its Corporate Social Responsibility (CSR) Program or other resources to help the WMC in the implementation of its project.

e. Creation of SubWQMA Board

 The members of the WMC shall elect a Governing Board (SubWQMA Board) from the identified members that include Chief Executive or his representative of the LGUs within a particular sub-basin, representative of a duly registered Non-Governmental Organization, water utility sector and business sector.

f. Chair of the Sub WQMA Board — The General Manager of the LLDA shall serve as the chair of the SubWQMA Board. However, the SubWQMA Governing Board may choose a co-chair or alternate chair from among the members of local chief executives to preside over regular meetings of the SubWQMA Board.

g. Functions of the SubWQMA Board

i) Prepare on a regular basis a water quality status of the sub-basin and submit a copy to LLDA for consolidation into Laguna de Bay Water Quality status report.

ii) Formulate policies for guidance, adoption and implementation of the Watershed Management Council.

iii) Formulate strategies to coordinate policies/regulations, local legislations necessary for the effective implementation of the integrated water quality management program within its jurisdiction.

iv) Together with the other members of the Watershed Management Council, prepare a draft Water Quality Action Plan for submission to LLDA and to assist in the monitoring and facilitate compliance of relevant sectors on water quality management.

v) Coordinate relevant activities among its members and other member agencies and facilitate resolution of conflicts.

vi) Identify complementary interventions for non point sources considering their greater contribution to water pollution.

h. Meetings — The Sub WQMA Board shall meet quarterly or more often whenever necessary.

i. Governing Rules — The Governing Rules shall be issued by the individual SubWQMA Board provided that such rules shall not in any way contradict nor deviate from the provisions stipulated in this IRR.

j. Compensation and Expenses — Members of WMC shall serve without compensation, except for actual and necessary expenses (i.e., meetings, travel) incurred in the performance of their duty which shall be charged to the operational budget of the SubWQMA. An amount of not more than ten percent (10%) of the total amount accruing to the SubWQMA fund shall be allocated for the operational expenses of the SubWQMA Board, its Secretariat and Multi-Sectoral water quality surveillance and monitoring network.

SECTION 4. Watershed Management Fund. —

Fund Generation and Administration

The Local Government Unit/s within a specific sub basin shall allocate funds/resources to effectively implement environmental activities. The LLDA on the other hand as the overall custodian of Laguna de Bay has made landmark policies on sharing of fees collected from industries/establishments regulated by the LLDA. Apart from the regular fishpen fee share distributed to the Lakeshore Cities and Municipalities as mandated under RA 4850, LGU also get shares on the fees collected from industries/establishments it endorsed thru execution of a Memorandum of Agreement. ICHDca

Donations, endowments and grants for the quality management of the sub basin areas shall also accrue to the fund. Disbursement and liquidation of funds shall be subject to the usual accounting and audit regulations.

A Trust fund shall be established from the annual membership fees or dues from the LGUs which shall be used for implementing watershed-wide environmental projects and interventions. The amount of dues shall not be less than P10,000.00.

Funding of SubWQMA Activities

The fund shall be used for activities of SubWQMA that are in direct support of objectives of water quality management and shall be consistent with Sec. 10 of Clean Water Act. This can mean support grant, finance or otherwise assist activities such as but not limited to: a) purchase of equipment related to water quality monitoring, reporting or management b) costs for special campaign, monitoring, enforcement or public awareness raising c) cost for special event related to water quality monitoring, enforcement, etc. d) hiring of staff for the Technical Secretariat of the SubWQMA e) operating cost of the Governing Board, the Technical Secretariat and Multi-Sectoral water quality surveillance and monitoring network which shall be not more than 10% of the total amount accruing to the SubWQMA. Ninety percent (90%) of the accruals shall be used for these activities.

The remaining 10% shall be retained for administrative purposes.

SECTION 5. Final Provisions. —

LLDA Appropriation — A minimum amount of Two Hundred Thousand (Php200,000.00) shall be appropriated by the LLDA for piloting the implementation of this rules.

SECTION 6. Effectivity. —

These rules and regulations shall take effect fifteen (15) days after publication in newspaper of general circulation and the Office of the National Administrative Register (ONAR).

 

(SGD.) J.R. NEREUS O. ACOSTA, PhDSecretary/Presidential Adviser for Environmental Protection/General Manager, LLDA

Published in The Philippine Star on April 1, 2016.