Biosphere Environment and Health Systems Series

VOLUME 1

Philippine Regulations on Water Supply Systems

(INTERNATIONAL EDITION)

Compiled by

Bonifacio B. Magtibay

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Philippine Copyright

2002

by

BONIFACIO B. MAGTIBAY

Published by

_____________________________

INTERNATIONAL EDITION Electronic Version

SECOND RELEASE

ISBN _____________

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PREFACE

This book is a compilation of Philippine Regulations on Water Supply Systems. This international edition (second release) is the improvement of the first edition (local version) entitled "Policies and Guidelines on Water Supply Systems" and first release of the international edition of the same title. Requests from agencies outside the Philippines of copies of the first edition via the internet prompted the compiler to prepare an updated version designed to cater the needs of Filipinos as well as foreign readers. In this edition (second release), comments from the readers of first edition and first release of what additional policies to be included were considered.

As mentioned in the first edition and first release, this volume is an attempt to address the

scarcity of such readily available reference materials available in one book that will guide a Civil or Sanitary Engineer in the practice of his profession in the Philippines, particularly on water supply systems. The selected documents include Republic Acts, Presidential Decrees, Board Resolutions, Administrative Orders, Implementing Rules and Regulations, and other documents which are relevant to water supply. These are packaged in chronological order to track down the sequence of policy development. To maintain emphasis on water supply systems, full text is used if the concerned policies and guidelines are directly about water supply systems while excerpts were presented if otherwise. Professions and institutions on water supply systems are included in Volume 5 of this series.

Since water supply is also the concern of other groups, this compilation is also intended

for the use of other related professionals, local government units, planning officers, researchers, policy makers, teachers, consultants (local and international), business firms, board exam reviewees, students, and the public in general who may be interested in the field of water and sanitation development, environmental health and environmental management.

Because imperfection is inevitable, the compiler welcomes any suggestion or comment

that will further improve the presentation of this book. Calling his attention for any error that may be noticed will be highly appreciated.

B.B.M.

30 November 2001

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ACKNOWLEDGMENTS

The compiler wishes to extend his gratitude to his colleagues working in several sector agencies (i.e., DOH, DILG, DENR, LWUA, MWSS, NEDA, PSSE, and ITN) who provided him copies of such materials during his involvement in various sector activities such as workshops, lectures, seminars, consultations, fora and researches. Special acknowledgment to the staff of Environmental Health Service, DOH is herein accorded who unselfishly shared with him copies of relevant policies they prepared. In addition, the compiler is thankful to the Philippine Waterworks Association (PWWA) and the Philippine Society of Sanitary Engineers, Inc. (PSSE) who allowed the display and sale of the first edition during their conventions. The National Library as well as libraries of the following agencies are also worth mentioning: UNICEF, WHO, World Bank, LWUA, EMB-DENR, Imus Municipal Library and PWU. Comments of his colleagues to improve the first edition is also acknowledged.

The compiler will not forget the efforts of his former bosses at DOH (Engr. Delfin

Gonzalez, Engr. Pablo Imperio, Dr. Lina Manapsal, and Dr. Manuel Roxas) and at UNICEF (Mr. Philippe Heffinck and Mr. Hernan Jaramillo) who provided a valuable inspiration in pursuing his career in the field of water and sanitation.

The encouragement and support of his wife and children is a motivating factor for the

completion of this edition. Finally, he would like to give his praise and thanksgiving to God Almighty who provided him strength, patience, endurance and needed resources.

B.B.M.

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DEDICATION This piece of work is sincerely dedicated:

• To my wife - Memotte

and my sons - Christian Paul and Christiel John;

• To my brothers and sisters and in remembrance of my parents;

and

• To my fellow Civil and Sanitary Engineers in the Philippines

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INTRODUCTION

"He sends the springs into the valleys, which run among the hills. They give drink to every beast of the field: the wild asses quench their thirst. By them shall the fowls of the heaven have their habitations, which sing among the branches. He waters the hills from his chambers: the earth is satisfied with the fruit of thy works." (Psalms 104:10-13)

The original design for water is to sustain life. Without water, life will be impossible. Every living thing, plants or animals, contain water in order to survive. The human body, for example, is about two-thirds water. To fill this requirement, God created water to be everywhere. It covers more than 70 per cent of the earth's surface and its domains are the oceans, rivers, lakes, ground and air.

In the history of civilization, water has a prominent role. Great civilizations have risen where water is abundant and fell when these supplies failed. As population increases and technology improves, the uses of water have expanded. With the onset of development, the demand has evolved from mere domestic use to irrigation, industry, power generation, transportation and recreation.

Although water is abundant on earth, about 97 per cent are in the oceans and only 3 per cent are freshwater. The miniscule ratio of freshwater is unevenly distributed globally causing water scarcity in some areas. This quantity problem is further exacerbated by unregulated water usage and the pollution brought by man's activities. Uncontrolled wastes have found their way of degrading the quality of water. Unclean water has been the cause of sickness and diseases that killed millions of people and victimized a large proportion of children.

This appalling situation is also true in the Philippines. Water crisis is currently experienced in some regions of the country. In addition, statistics on water-related diseases are alarming. To possibly avert such phenomena, the government has formulated policies, laws, standards and guidelines. Some of them are included in this compilation.

Concerned professionals, like civil and sanitary engineers, should be familiar with these

regulations on water supply systems to have a better grasp of necessary requirements in the practice of civil and sanitary engineering in the aim of protecting every Filipino from becoming victims of havoc brought by improper management of water resources and pollutants.

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ACRONYMS/ABBREVIATIONS

ABS- Acrylonitrile-Butadiene Styrene ACGIH - TLV's- American Conference of Governmental Industrial Hygienist Threshold

Limit Values A. O. - Administrative Order APHA - American Public Health Association ASCE- American Society of Civil Engineers ASTM- American Society for Testing and Materials AWWA- American Waterworks Association BFAD- Bureau of Food and Drugs BOD - Biochemical Oxygen Demand BTU- British Thermal Unit BWSA- Barangay Waterworks and Sanitation Association C.A.- Commonwealth Act COD - Chemical Oxygen Demand CPDW- Certificate of Potability of Drinking Water CPR- Certificate of Product Registration DBM - Department of Budget and Management DENR- Department of Environment and Natural Resources DILG - Department of Interior and Local Government DO- Dissolved Oxygen DOF - Department of Finance DOH - Department of Health DPWH - Department of Public Works and Highways EHS- Environmental Health Service EMB- Environmental Management Bureau EML- Environmental Measurements Laboratory E.O. - Executive Order EPA- Environmental Protection Agency FDC- Food Development Center FU- Fixture Unit GMP- Good Manufacturing Practice HP- Horsepower HPC- Heterotropic Plate Count IAC - Inter-Agency Committee ID- Identification IDTI- Industrial Development Technology IMVIC- INFRACOM - Infrastructure Committee IPS- Iron Pipe Size IRR - Implementing Rules and Regulations ITN - International Training Network LDWQMC- Local Drinking Water Quality Monitoring Committee LGU - Local Government Unit LLDA- Laguna Lake Development Authority LTO- License to Operate LWUA - Local Water Utilities Administration MAL- Maximum Allowable Level

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MDF - Municipal Development Fund MLSS- Mixed Liquor Suspended Solids MPN- Most Probable Number MWSS- Metropolitan Waterworks and Sewerage Systems NEDA - National Economic and Development Authority NG- National Government NGA- National Government Agency NGO- Non-government Organization NPCC - National Pollution Control Commission NPI - New/Proposed Industry NTU- Nephelometric Thermal Unit NWRB- National Water Resources Board O & M - Operation and Maintenance OEI - Old or Existing Industry P.D. - Presidential Decree PCB - Polychlorinated Byphenyl PHC- Primary Health Care PSSE - Philippine Society of Sanitary Engineers PNSDW- Philippine National Standards on Drinking Water PVC- Polyvinyl Chloride PWU - Philippine Women's University R.A. - Republic Act RBW - Receiving Body of Water RWS- Retail Water System RWSA- Rural Waterworks and Sanitation Association TCU- Thermal Color Unit TDS - Total Dissolved Solids TSS - Total Suspended Solids UNICEF - United Nations Children's Fund USEPA- United States Environmental Protection Agency UV- Ultraviolet WD- Water Districts WPFC- Water Pollution Control Federation WHO - World Health Organization

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TABLE OF CONTENTS

Page

PREFACE………………………………………………………………………… 3 ACKNOWLEDGMENTS………………………………………………………… 4 DEDICATION……………………………………………………………………. 5 INTRODUCTION…………………………………………………………………. 6 ACRONYMS/ABBREVIATIONS………………………………………………… 7 Ref. Title of Document No. 001 Ownership, Use and Easements of Waters (Civil Code of the Philippines)

-(R.A. 386 of 1949)…………………………………..………………………11 002 Sanitary Engineers and Water Systems (Sanitary Engineering Law of 1955) -(R.A. 1364 of 1955)…………………………………………………………15 003 Water Supply Provisions of Plumbing Law of 1955

-(R.A. 1378 of 1955)…………………………….. ……………………… …16 004 Fluoridation of Water Supplies of 1963 -(R.A. 3626 of 1963)..……………………………………………………….18 . 005 Water System Provisions (Local Water Utilities Act of 1973) -(P.D. 198 of 1973)…………………………………………………………..19 006 Water Supply Provisions (1974 IRR of P.D. 522)………………………..…20 007 Water Supply Provisions (Sanitation Code of the Philippines)

-(P.D. 856 of 1975)………………………………………….…….….……22 008 Water Code of the Philippines of 1976

-(P.D. 1067 of 1976)………..…………………………….……………..….. 24 009 Water Supply Provisions (National Building Code of the Philippines)

-(P.D. 1096 of 1977)…………………………………………………… …. 40 010 Basic Policies for the Water Supply Sector of 1978 -(Letter of Instructions No. 683 of 1978)……………………………………41

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011 Water Quality Management Provisions (Philippine Environment Code) -(P.D. 1152 of 1977)….……………………………………..…………… . 43

012 Accreditation of Water Analysis Laboratories of 1979

-(DOH A.O. No. 31, s. 1979)………………….……………………………. 44 013 Nationwide Construction of Water Supply Systems of 1989 -(R.A. 6716 of 1989)…………………………………………………………51 014 Revised Water Usage and Classification of 1990

-(DENR A.O. 34, s. 1990)……………………………………………..……..53 015 Water Supply Provisions (Local Government Code of 1991 )

-(R.A. 7160 of 1991)…………………………………..…………….… ……65 016 Water Supply Provisions (Local Government Code IRR of 1992) .……….66 017 Bottled Drinking Water Guidelines of 1993

-(DOH A.O. 18-A, s. 1993)..…………………………………………..……67 018 Philippine National Standards for Drinking Water of 1993

-(DOH A.O. No. 26-A, s. 1994)…………………………...………………...90 019 Water Supply Sector Reforms of 1994

-(NEDA Board Resolutions No. 4, s. 1994)………………….…………..…106 020 Water Summit Action Plan of 1994 -(Memorandum Order No. 244 of 1994)……………………………………108 021 National Water Crisis Act of 1995 -(R.A. No. 8041 of 1995)…………………………………………………...111 022 Official Definition of Water Supply Terms of 1995

-(NEDA Board Resolutions No. 12, s. 1995)….……………..……..……....116 023 Water Supply IRR (1995) of Sanitation Code ……………….….….… …..121 024 Implementation Arrangements for Water Supply Systems of 1998

-(NEDA Board Resolutions No. 5, s. 1998)……………………………….. 141 025 Water Supply Supplemental IRR (1999) of Sanitation Code ……...……....155 REFERENCES……………………………………………………………………..

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001 OWNERSHIP, USE AND EASEMENTS OF WATERS (CIVIL CODE)

EXCERPTS from the CIVIL CODE OF THE PHILIPPINES R.A. 386 (Approved, June 18, 1949)

Title IV - SOME SPECIAL PROPERTIES

CHAPTER I

WATERS

SECTION 1. - Ownership of Waters

Art. 502. The following are of public dominion:

(1) Rivers and their natural beds;

(2) Continuous or intermittent waters of springs and brooks running in their natural beds and the beds themselves;

(3) Waters rising continuously or intermittently on lands of public dominion;

(4) Lakes and lagoons formed by nature on public lands, and their beds;

(5) Rain waters running through ravines or sand beds, which are also of public dominion;

(6) Subterranean waters on public lands;

(7) Waters found within the zone of operation of public works, even if constructed by a

contractor;

(8) Waters rising continuously or intermittently on lands belonging to private persons, to the State, to a province, or to a city or municipality from the moment they leave such lands;

(9) The waste waters of fountains, sewers, and public establishments.

Art. 503. The following are of private ownership;

(1) Continuous or intermittent waters rising on lands of private ownership, while running through the same;

(2) Lakes and lagoons, and their beds, formed by Nature on such lands;

(3) Subterranean waters found on the same;

(4) Rain waters falling on said lands, as long as they remain within the boundaries; (5) The beds of flowing waters, continuous or intermittent, formed by rain water, and

those of brooks, crossing lands which are not of public dominion.

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In every drain or aqueduct, the water , bed, banks and floodgates shall be considered as an integral part of the land or building for which the waters are intended. The owners of the land, through which or along the boundaries of which the aqueduct passes, cannot claim ownership over it, or any right to the use of its bed or banks, unless the claim is based on titles of ownership specifying the right or ownership claimed.

Section 2. - The Use of Public Waters

Art. 504. The use of public waters is acquired:

(1) By administrative concession;

(2) By prescription for ten years. The extent of the rights and obligations of the use shall be that established, in the first case, by the terms of the concession, and, in the second case, by the manner and form in which the waters have been used. Art. 505. Every concession for the use of waters is understood to be without prejudice to third persons. Art. 506. The right to make use of public waters is extinguished by the lapse of the concession and by non-user for five years.

SECTION 3. - The Use of Waters of Private Ownership Art. 507. The owner of a piece of land on which a spring or brook rises, be it continuous or intermittent, may use its waters while they run through the same, but after the waters leave the land they shall become public, and their use shall be governed by the Special Law of Waters of August 3, 1866, and by the Irrigation Law. Art. 508. The private ownership of the beds of rain waters does not give a right to make works or constructions which may change their course to the damage of the third persons, or whose destruction, by the force of floods, may cause such damage. Art. 509. No one may enter private property to search waters or make use of them without permission from the owners, except as provided by the Mining Law. Art. 510. The ownership which the proprietor of a piece of land has over the waters rising thereon does not prejudice the rights which the owners of lower estates may have legally acquired to the use thereof. Art. 511. Every owner of a piece of land has the right to construct within his property, reservoirs for rain waters, provided he causes no damage to the public or to third persons.

SECTION 4 - Subterranean Waters Art. 512. Only the owner of a piece of land, or another person with his permission, may make explorations thereon for subterranean waters, except as provided by the Mining Law.

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Explorations for subterranean waters on lands of public dominion may be made only with the permission of the administrative authorities. Art. 513. Waters artificially brought forth in accordance with the Special Law of Waters of August 3, 1866, belong to the person who brought them up. Art. 514. When the owner of waters artificially brought to the surface abandons them to their natural course, they shall become of public dominion.

SECTION 5- General Provisions Art. 515. The owner of a piece of land on which there are defensive works to check waters, or on which, due to a change of their course, it may be necessary to reconstruct such works, shall be obliged, at his election, either to make the necessary repairs, or construction himself, or to permit them to be done, without damage to him, by the owners of the lands which suffer or are clearly exposed to suffer injury. Art. 516. The provisions of the preceding article are applicable to the case in which it may be necessary to clear a piece of land of matter, whose accumulation or fall may obstruct the course of the waters, to the damage or peril of third persons. Art. 517. All the owners who participate in the benefits arising from the works referred to in the two preceding articles, shall be obliged to contribute to the expenses of construction in proportion to their respective interests. Those who by their fault may have caused the damage shall be liable for the expenses. Art. 518. All matters not expressly determined by the provisions of this Chapter shall be governed by the Special Law of Waters of August 3, 1866, and by the Irrigation Law.

Title VII - EASEMENTS OR SERVITUDES

CHAPTER 2 LEGAL EASEMENTS

SECTION 2 -Easements relating to Waters

Art. 637. Lower estates are obliged to receive the waters which naturally and without the intervention of man descend from the higher estates, as well as the stones or earth which they carry with them. The owner of the lower estate cannot construct works which will impede these easements; neither can the owner of the higher estate make works which will increase the burden. Art. 638. The banks of rivers and streams, even in case they are of private ownership, are subject through out their entire length and within a zone of three meters along their margins, to the easement of public use in the general interest of navigation, floatage, fishing and salvage. Estates adjoining the banks of navigable or floatable rivers are, furthermore, subject to the easement of towpath for the exclusive service of river navigation and floatage.

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If it be necessary for such purpose to occupy lands of private ownership, the proper indemnity shall first be paid. Art. 639. Whenever for the diversion or taking of water from a river or brook, for the use of any other continuous or discontinuous stream, it should be necessary to build a dam , and the person who is to construct it is not the owner of the banks, or lands which must support it, he may establish the easement of abutment of a dam, after payment of the proper indemnity. Art. 641. Easements for drawing water and for watering animals carry with them the obligation of the owners of the servient estates to allow passage to persons and animals to the place where such easements are to be used, and the indemnity shall include this service. Art. 642. Any person who may wish to use upon his own estate any water of which he can dispose shall have the right to make it flow through the intervening estates, with the obligation to indemnify their owners, as well as the owners of the lower estates upon which the waters may filter or descend. Art. 643. One desiring to make use of the right granted in the preceding article is obliged: (1) To prove that he can dispose of the water and that it is sufficient for the use for which it is

intended. (2) To show that the proposed right of way is the most convenient and the least onerous to third

persons; (3) To indemnify the owner of the servient estate in the manner determined by the laws and

regulations. Art. 644. The easement of aqueduct for private interest cannot be imposed on buildings, courtyards, annexes, or outhouses, or on orchards or gardens already existing. Art. 645. The easement of aqueduct does not prevent the owner of the servient estate from closing or fencing it, or from building over the aqueduct in such manner as not to cause the latter any damage, or render necessary repairs and cleanings impossible. Art. 646. For legal purposes, the easement of aqueduct shall be considered as continuous and apparent, even though the flow of the water may not be continuous, or its use depends upon the needs of the dominant estate, or upon a schedule of alternate days or hours. Art. 647. One who for the purpose of irrigating or improving his estate, has to construct a stop lock or sluice gate in the bed of the stream from which the water is to be taken, may demand that the owners of the banks permits its construction, after payment of damages, including those caused by the new easement to such owners and to the other irrigators. Art. 648. The establishment, extent, form and conditions of the servitudes of waters, to which this section refers, shall be governed by the special laws relating thereto insofar as no provision therefor is made in this Code.

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002 SANITARY ENGINEERS AND WATER SYSTEMS (SANITARY ENGINEERING LAW OF 1955)

EXCERPTS FROM R.A. 1364 - SANITARY ENGINEERING LAW, (Approved, 18 June 1955) Sec. 2. Definition of terms. - The practice of sanitary engineering within the meaning and intent of this Act shall embrace the following activities: (a) Sanitary surveys, reports, design, direction, management, consultation, and investigation of:

(1) Water purification plants, water collection and distribution systems, reservoirs, drainage and sewer systems, sewage treatment plants, malaria control structures, sewage disposal tanks, and other structures for public health and welfare.

(b) Professional research and laboratory work supporting the activities listed in subsection (a). ……. (See Volume 5 - Philippine Institutions and Professions on Water, Sanitation and Environment Systems for its full text)

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003 WATER SUPPLY PROVISIONS OF PLUMBING LAW OF 1955 EXCERPTS FROM RA 1378 (THE PLUMBING LAW)- AN ACT TO REGULATE THE TRADE OF MASTER PLUMBER, (Approved, June 18, 1955) Sec. 2 . (a) The practice of plumbing within the meaning and intent of this Act shall embrace services in the form of consultations, designing, preparation of plans, specifications, estimates, erection, installation and supervision of plumbing work including the inspection and acceptance of materials used therein; extension and alteration of all pipings to fixtures, appliances, and appurtenances in connection with any of the following: storm and sanitary venting of fixtures, hot or cold water supply systems within or adjacent to any building, storm drains, sewerage system of any premises and/or in connection with any public disposal or any acceptable terminal. The enumeration in this paragraph shall not be construed as excluding any other work requiring plumbing knowledge and application. Sec. 5. The President of the Philippines is hereby authorized to issue rules and regulations to carry into effect the objectives of this Act, upon recommendation of the Board of Examiners for Master Plumbers and in consultation with a duly registered national association of master plumbers, in accordance with the following basic principles, except in cases where it may prove oppressive or exclusively burdensome to those without sufficient means and to such buildings, structures or constructions valued at five thousand pesos or less;

(a) All premises intended for human habitation, occupancy, or use shall be provided with a supply of pure and wholesome water, neither connected with unsafe water supplies nor subject to the hazards of backflow or siphonage.

(b) Plumbing fixtures, devices, and appurtenances shall be supplied with water in

sufficient volume and at pressures adequate to enable them to function satisfactorily and without undue noise under all normal conditions of use.

(c) Plumbing shall be designed and adjusted to use the minimum quantity of water

consistent with proper performance and cleaning.

(d) Devices for heating and storing water shall be so designed and installed as to prevent dangers from explosion through overheating.

(g) Plumbing fixtures shall be made of smooth, non-absorbent material, and shall be

free from concealed fouling surface.

(i) The piping of the plumbing system shall be of durable materials, free from defective workmanship and so designed and constructed as to give satisfactory service for its reasonable expected life.

(s) Plumbing system shall be maintained in a sanitary and serviceable condition.

(t) All plumbing fixtures shall be so installed with regard to spacing as to be

reasonably accessible for their intended use.

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(u) Plumbing shall be installed with due regard to the preservation of the strength of structural members and prevention of damage to walls and other surfaces through fixtures usage.

(See Volume 5 - Philippine Institutions and Professions on Water, Sanitation and Environment Systems for its full text)

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004 FLUORIDATION OF WATER SUPPLIES OF 1963 R.A. 3626 - AN ACT AUTHORIZING THE APPROPRIATION OF FUNDS AS AID TO THE NATIONAL WATERWORKS AND SEWERAGE AUTHORITY FOR FLUORIDATION OF WATER SUPPLIES IN THE PHILIPINES(Approved, June 22, 1963) SECTION 1. The sum of four hundred thousand pesos for the fiscal year nineteen hundred sixty-four and the sum of three hundred thousand pesos for every fiscal year thereafter are hereby authorized to be appropriated, out of any funds in the National Treasury not otherwise appropriated, as aid to the National Waterworks and Sewerage Authority for the fluoridation of the water supplies in the Philippines. SEC. 2. This Act shall take effect upon its approval. Approved, June 22, 1963. Published: Official Gazette, September 23, 1963

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005 WATER SYSTEM PROVISIONS (PROVINCIAL WATER UTILITIES ACT OF 1973)

(EXCERPTS FROM P.D. NO. 198, Signed by President Ferdinand E. Marcos on 25 May 1973)

TITLE II - LOCAL WATER DISTRICT LAW

Chapter VII - Powers of District Sec. 27. Acquisition of Waterworks. - A district may purchase, construct, or otherwise acquire works, water, water rights, land, rights and privileges useful or necessary to convey, supply, store, collect, treat, dispose of or make other use of water for any purpose authorized by this Title. In the acquisition of water or water rights the district shall cooperate with existing agencies of the Government of the Philippines. Sec. 28. Sale of Water. - The district shall have the power to sell water, pursuant to generally applicable rules and regulations, to any person for use within the district. As a condition of such sale, the district may require the filing of a written application for service, payment of established charges or deposits and execution of water service contract. A district may provide service to public faucets or hydrants provided that it shall first have executed an application and service contract with the government entity to establish or maintain such faucets or hydrants within the district. The district will be paid for such service in the same manner as regular domestic service and pursuant to the adopted rules and regulations of the district. Any district holding a valid Certificate of Conformance or a Conditional Certificate of Conformance from the Administration shall be exempt from regulation by the Public Service Commission or its successors. Sec. 30. Rights of Way. - The right is hereby granted to locate, construct and maintain works of the district on any land which is now, or hereafter may be, owned by the Government of the Philippines or by any of its political subdivisions, and/or instrumentalities. A district may construct any works along, under or across any street, watercourse, railway, or conduit in a manner which will afford security for life and property: Provided, That in planning any such works, the environmental aspects shall also be considered. ______________ (See Volume 5 - Philippine Institutions and Professions on Water, Sanitation and Environment Systems for its full text)

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006 WATER SUPPLY PROVISIONS (IRR of P.D. 522) EXCERPTS FROM THE IRR of P.D. 522, Issued by DOH on 5 August 1974

GENERAL PROVISIONS - WATER SUPPLY

1. Prescribed Standards and Procedures - Standards for drinking water and their bacteriological and chemical examinations, together with the evaluation of results, shall conform to the criteria set by the National Committee on Drinking Water Standards. The treatment of water to render it safe for drinking, and the disinfection of contaminated water sources together with their distribution systems shall be in accordance with procedures prescribed by the Department. The criteria adopted by the National Committee on Drinking Water Standards and Procedures recommended by the Department are parts of these rules and regulations. 2. Jurisdiction of the Department - The approval of the Secretary or that of his duly authorized representative is required in the following cases:

a. Sites of water sources before their construction;

b. Delivery of water to consumers from new or recently repaired water systems, this provision shall not apply to reservoirs and structures, the water from which is treated in accordance with prescribed procedures;

c. Operation of a water system after an order of closure was issued by the Department

because its water is found unsafe for drinking;

d. Plans and specifications of water systems of tourist resorts, bus stops, terminals, rest areas, service stations, food establishments, motels, hotels, airport and seaports and like projects prior to their construction thereat; and

e. Certification of potability of drinking water

3. Types of Water Examinations Required - The following examinations are required for drinking water:

a. Initial examination - The physical, chemical and bacteriological examinations of water from newly constructed systems or sources are required before they are operated and opened for public use.

b. Periodic examination - Water from existing sources are subject to bacteriological

examination as often as possible but the interval shall not be longer than six months, while general systematic chemical examination shall be conducted every 12 months or oftener. Any source found with water unfit for drinking shall be closed until such time when its water is rendered safe and sanitary.

4. Examining Laboratories and Submission of Water Samples - The examination of drinking water shall be performed only in private or government laboratories accredited by the Department. It is the responsibility of operators of water systems to submit to accredited

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laboratories water samples for examination in a manner and at such intervals prescribed by the Department. 5. Prescribed Type of Water Supply - Safe and adequate piped-water supply shall be provided for the sanitary operation and maintenance of service and sanitary facilities in tourist resorts, bus stops, terminals, rest areas, service stations, food establishments, motels, hotels, airports and seaports. Minimum water treatment as required shall be provided for by the operator of the water system to ensure the water quality as set forth in the National Drinking Water Standards. 6. Drinking Water System in Tourist Resorts, Bus Stops, Terminals, Rest Areas, Stations, Food Establishments, Motels, Hotels, Airports and Seaports - Whenever potable water from a public supply system is available, no other water shall be furnished for drinking purposes in any tourist resorts, bus stops, terminals, rest areas, service stations, food establishments, motels, hotels, airports and seaports. If such public supply is not available, the water for drinking shall be safe, sanitary quality approved by the Secretary or his duly authorized representative. 7. Other Protective Measures - To protect drinking water from contamination, the following measures shall be observed:

a. Washing clothes or bathing within a radius of 25 meters from any well or other source of drinking water is prohibited.

b. No artesians, deep or shallow well shall be constructed within 25 meters from any

source of pollution unless authorized by the health authority in certain exigencies.

c. No person charged with the management of a public water supply system shall permit any physical connection between its distribution system and that of any other water supply, unless the latter is regularly examined as to its quality by those in-charge of the public supply to which the connection is made and found to be safe and potable. This provisions shall apply to all water distribution systems either inside or outside any building or buildings.

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007 WATER SUPPLY PROVISIONS (SANITATION CODE) EXCERPTS FROM THE CODE ON SANITATION OF THE PHILIPPINES (P.D. 856-Signed by President Ferdinand E. Marcos, 23 December 1975)

CHAPTER II - WATER SUPPLY

Sec.9. Prescribed Standards and Procedures - Standards for drinking water and their bacteriological and chemical examinations, together with the evaluation of results, shall conform to the criteria set by the National Drinking Water Standards. The treatment of water to render it safe for drinking, and the disinfection of contaminated water sources together with their distribution systems shall be in accordance with procedures prescribed by the Department. Sec. 10. Jurisdiction of the Department - The approval of the Secretary or that of his duly authorized representative is required in the following cases:

a. Sites of water sources before their construction;

b. Delivery of water to consumers from new or recently repaired water systems;

c. Operation of a water system after an order of closure was issued by the Department;

d. Plans and specifications of water systems of subdivisions and projects prior to the construction of housing units thereat; and

e. Certification of potability of drinking water

Sec. 11. Types of Water Examinations Required - The following examinations are required for drinking water:

c. Initial examination - The physical, chemical and bacteriological examinations of water from newly constructed systems or sources are required before they are operated and opened for public use. Examination of water for possible radioactive contamination should also be done initially.

d. Periodic examination - Water from existing sources is subject to bacteriological

examination as often as possible but the interval shall not be longer than six months, while general systematic chemical examination shall be conducted every 12 months or oftener. Examination of water sources shall be conducted yearly for possible radioactive contamination.

Sec. 12. Examining Laboratories and Submission of Water Samples - The examination of drinking water shall be performed only in private or government laboratories duly accredited by the Department. It is the responsibility of operators of water systems to submit to accredited laboratories water samples for examination in a manner and at such intervals prescribed by the Department.

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Sec. 13. Other Protective Measures - To protect drinking water from contamination, the following measures shall be observed:

d. Washing clothes or bathing within a radius of 25 meters from any well or other source of drinking water is prohibited.

e. No artesians, deep or shallow well shall be constructed within 25 meters from any

source of pollution.

f. No radioactive sources or materials shall be stored within a radius of 25 meters from any well or source of drinking water unless the radioactive source is adequately and safely enclosed by proper shielding.

g. No person charged with the management of a public water supply system shall

permit any physical connection between its distribution system and that of any other water supply, unless the latter is regularly examined as to its quality by those in-charge of the public supply to which the connection is made and found to be safe and potable.

h. The installation of booster pump to boost water direct from the water distribution line

of a water supply system , where low water pressure prevails is prohibited.

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008 THE WATER CODE OF THE PHILIPPINES

P.D. 1067 - A DECREE INSTITUTING A WATER CODE, THEREBY REVISING AND CONSOLIDATING THE LAWS GOVERNING THE OWNERSHIP, APPROPRIATION, UTILIZATION, EXPLOITATION, DEVELOPMENT, CONSERVATION, AND PROTECTION OF WATER RESOURCES (Signed by President Ferdinand E. Marcos, 31 December 1976) WHEREAS, Article XIV, Section 8 of the New Constitution of the Philippines provides, inter alia, that all waters of the Philippines belong to the State; WHEREAS, existing water legislations are piece-meal and inadequate to cope with increasing scarcity of water and changing patterns of water use; WHEREAS, there is a need for a Water Code based on rational concepts of integrated and multi-purpose management of water resources and sufficiently flexible to adequately meet future developments; WHEREAS, water is vital to national development and it has increasingly necessary for government to intervene actively in improving the management of water resources; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby order and decree the enactment of the Water Code of the Philippines of 1976, as follows:

Chapter I

DECLARATION OF OBJECTIVES AND PRINCIPLES

Article 1. This Code shall be known as the Water Code of the Philippines. Art. 2. The objectives of this Code are:

a. To establish the basic principles and framework relating to the appropriation, control and

conservation of water resources to achieve the optimum development and rational utilization of these resources;

b. To define the extent of the rights and obligations of water users and owners including the

protection and regulation of such rights; c. To adopt a basic law governing the ownership, appropriation, utilization, exploitation ,

development , conservation and protection of water resources and rights to land related thereto; and

d. To identify the administrative agencies which will enforce this Code.

Art. 3. The underlying principles of this Code are:

a. All waters belong to the State. b. All waters that belong to the State can not be the subject of acquisitive prescription.

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c. The State may allow the use or development of waters by administration concession. d. The utilization, exploitation, development , conservation and protection of water

resources shall be subject to the control and regulation of the government through the National Water Resources Council, hereinafter referred to as the Council.

e. Preference in the use and development of waters shall consider current usages and be

responsive to the changing needs of the country. Art. 4. Waters, as used in this Code, refers to water under the ground, water above the ground, water in the atmosphere and waters of the sea within the territorial jurisdiction of the Philippines.

Chapter II

OWNERSHIP OF WATERS Art. 5. The following belong to the State:

a. Rivers and their natural beds; b. Continuous or intermittent waters of springs and brooks running in their natural beds and

the beds themselves; c. Natural lakes and lagoons; d. All other categories of surface waters such as water flowing over lands, water from

rainfall whether natural or artificial, and water from agriculture runoff, seepage and drainage;

e. Atmospheric water; f. Subterranean or ground waters; and g. Seawater.

Art. 6. The following waters found on private lands also belong to the State:

a. Continuous or intermittent waters rising on such lands; b. Lakes and lagoons naturally occurring on such lands; c. Rain water falling on such lands; d. Subterranean or ground waters; and e. Waters in swamps and marshes.

The owner of the land where the water is found may use the same for domestic purposes without securing a permit, provided that such use shall be registered , when required by the Council. The Council, however, may regulate such use when there is wastage, or in times of emergency.

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Art. 7. Subject to the provisions of this Code, any person who captures or collects water by means of cisterns, tanks, or pools shall have exclusive control over such water and the right to dispose of the same. Art. 8. Water legally appropriated shall be subject to the control of the appropriator from the moment it reaches the appropriator's canal or aqueduct leading to the place where the water will be used or stored and, thereafter, so long as it is being beneficially used for the purposes for which it was appropriated.

Chapter III

APPROPRIATION OF WATERS Art. 9. Waters may be appropriated and used in accordance with the provision of this Code. Appropriation of waters, as used in this Code , is the acquisition of rights over the use of waters or the taking or diverting of waters from a natural source in the manner and for any purpose allowed by law. Art. 10. Water may be appropriated for the following purposes:

a. Domestic b. Municipal c. Irrigation d. Power generation e. Fisheries f. Livestock raising g. Industrial h. Recreational, and i. Other purposes

Use of water for domestic purposes is the utilization of water for drinking, washing, bathing, cooking or other household needs, home gardens, and watering of lawns or domestic animals.

Use of water for municipal purposes is the utilization of water for supplying the water requirements of the community.

Use of water for irrigation is the utilization of water for producing agricultural crops.

Use of water for power generation is the utilization of water for producing electrical or mechanical power.

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Use of water for fisheries is the utilization of water for the propagation and culture of fish as a commercial enterprise.

Use of water for livestock raising is the utilization of water for large herds or flocks of animals raised as commercial enterprise.

Use of water for industrial purposes is the utilization of water in factories, industrial plants and mines, including the use of water as an ingredient of a finished product.

Use of water for recreational purposes is the utilization of water for swimming pools, bath houses, boating, water skiing, golf courses, and other similar facilities in resorts and other places of recreation.

Art. 11. The State, for reasons of public policy , may declare waters not previously appropriated, in whole or in part , exempt from appropriation for any or all purposes and, thereupon , such waters may not be appropriated for those purposes. Art. 12. Waters appropriated for a particular purpose may be applied for another purpose only upon prior approval of the Council and on condition that the new use does not unduly prejudice the rights of other permittees , or require an increase in the volume of water. Art. 13. Except as otherwise herein provided , no person, including government instrumentalities or government-owned or controlled corporations, shall appropriate water without a water right , which shall be evidenced by a document known as a water permit. Water right is the privilege granted by the government to appropriate and use water. Art. 14. Subject to the provision of this Code concerning the control, protection, conservation, and regulation of the appropriation and use of waters, any person may appropriate or use natural bodies of water without securing a water permit for any of the following :

a. Appropriation of water by means of handcarried receptacles; and b. Bathing or washing, watering or dipping, of domestic or farm animals, and navigation of

watercrafts or transportation of logs and other objects by floatation. Art. 15. Only citizens of the Philippines, of legal age, as well as juridical persons, who are duly qualified by law to exploit and develop water resources, may apply for water permits. Art. 16. Any person who desires to obtain a water permit shall file an application with the Council who shall make known said application to the public for any protests. In determining whether to grant or deny an application, the Council shall consider the following: protests filed, if any; prior permits granted; the availability of water; the water supply needed for beneficial use; possible adverse effects; land - use economics; and other relevant factors. Upon approval of an application, a water permit shall be issued and recorded. Art. 17. The right to the use of water is deemed acquired as of the date of filing of the application for a water permit in case of approved permits, or as of the date of actual use in a case where no permit is required.

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Art. 18. All water permits granted shall be subject to conditions of beneficial use, adequate standards of design and construction, and such other terms and conditions as may be imposed by the Council. Such permits shall specify the maximum amount of water which may be diverted or withdrawn, the maximum rate of diversion or withdrawal , the time or times during the year when water may be diverted or withdrawn , the point or points of diversion or location of wells, the place of use, the purpose for which water may be used, and such other requirements the Council deems desirable. Art. 19. Water rights may be leased or transferred in whole or in part to another person with prior approval of the Council, after due notice and hearing. Art. 20. The measure and limit of appropriation of water shall be beneficial use. Beneficial use of water is the utilization of water in the right amount during the period that the water is needed for producing the benefits for which the water is appropriated. Art. 21. Standards of beneficial use shall be prescribed by the Council for the appropriator of water for different purposes and conditions, and the use of waters which are appropriated shall be measured and controlled in accordance therewith. Excepting those for domestic use, every appropriator of water shall maintain water control and measuring devices , and keep records of water withdrawal. When required by the Council, all appropriators of water shall furnish information on water use. Art. 22. Between two or more appropriators of water from the same source of supply, priority in time of appropriation shall give the better right, except that in times of emergency the use of water for domestic and municipal purposes shall have a better right over all other uses; Provided, That where water shortage is recurrent and the appropriator for municipal use has a lower priority in time of appropriation, then it shall be his duty to find an alternative source of supply in accordance with conditions prescribed by the Council. Art. 23. Priorities may be altered on grounds of greater beneficial use, multi-purpose use, and other similar grounds after due notice and hearing, subject to payment of compensation in proper cases. Art. 24. A water right shall be exercised in such a manner that the rights of third persons or of other appropriators are not prejudiced thereby. Art. 25. A holder of a water permit may demand the establishment of easements necessary for the construction and maintenance of the works and facilities needed for the beneficial use of the waters to be appropriated, subject to the requirements of just compensation and to the following conditions;

a. That he is the owner, lessee, mortgagee or one having real right over the land upon which he proposes to use water; and

b. That the proposed easement is the most convenient and the least onerous to the servient

estate.

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Easements relating to the appropriation and use of waters may be modified by agreement of the contracting parties provided the same is not contrary to law or prejudicial to third persons. Art. 26. Where water shortage is recurrent, the use of the water pursuant to a permit may, in the interest of equitable distribution of benefits among legal appropriators, be reduced after due notice and hearing. Art. 27. Water users shall bear the diminution of any water supply to natural causes or force majeure. Art. 28. Water permits shall continue to be valid as long as water is beneficially used; however, it maybe suspended on the grounds of non-compliance with approved plans and specifications or schedules of water distribution; use of water for a purpose other than for which it was granted; non-payment of water charges; wastage; failure to keep records of water diversion, when required; and violation of any term or condition of any permit or of rules and regulations promulgated by the Council. Temporary permits may be issued for the appropriation and use of water for short periods under special circumstances . Art. 29. Water permit may be revoked after due notice and hearing on grounds of non-use; gross violation of the conditions imposed in the permit; unauthorized sale of water; willful failure or refusal to comply with rules and regulations or any lawful order; pollution, public nuisance or acts detrimental to public health and safety; when the appropriator is found to be disqualified under the law to exploit and develop natural resources of the Philippines; when in the case of irrigation, the land is converted to non-agricultural purposes; and other similar grounds. Art. 30. All water permits are subject to modification or cancellation by the Council, after due notice and hearing, in favor of a project of greater beneficial use or for multi-purpose development, and a water permitee who suffers thereby shall be duly compensated by the entity or person in whose favor the cancellation was made.

Chapter IV

UTILIZATION OF WATERS

Art. 31. Preference in the development of water resources shall consider security of the State, multiple use, beneficial effects, adverse effects and costs of development. Art. 32. The utilization of subterranean or ground water shall be coordinated with that of surface waters such as rivers, streams, springs and lakes, so that a superior right in one is not adversely affected by an inferior right in the other. For this purpose the Council shall promulgate rules and regulations and declare the existence and control areas for the coordinated development, protection, and utilization of subterranean or ground water and surface waters.

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Control area is an area of land where subterranean or ground water and surface water are so interrelated that withdrawal and use in one similarly affects the other. The boundary of a control area may be altered from time to time, as circumstances warrant. Art. 33. Water contained in open canals, aqueducts or reservoirs of private persons may be used by any person for domestic purpose or for watering plants as long as the water is withdrawn by manual methods without checking the stream or damaging the canal, aqueduct, or reservoir; Provided, That this right may be restricted by the owner should it result in loss or injury to him. Art. 34. A water permitee or appropriator may use any watercourse to convey water to another point in the watercourse for the purpose stated in a permit and such water may be diverted or recaptured at that point by said permitee in the same amount less allowance for normal losses in transit. Art. 35. Works for the storage, diversion, distribution, and utilization of water resources shall contain adequate provision for the prevention and control of disease that may be induced or spread by such works when required by the Council. Art. 36. When the reuse of waste water is feasible, it shall be limited as much as possible, to such uses other than direct human consumption. No person or agency shall distribute such water for public consumption until it is demonstrated that such consumption will not adversely affect the health and safety of the public. Art. 37. In the construction and operation of hydraulic works, due consideration shall be given to the preservation of scenic places, and historical relics and, in addition to the provisions of existing laws, no works that would require the destruction or removal of such places or relics shall be undertaken without showing that the destruction or removal is necessary and unavoidable. Art. 38. Authority for the construction of dams, bridges, and other structures across of which may interfere with the flow of navigable or floatable waterways shall first be secured from the Department of Public Works, Transportation and Communications. Art. 39. Except in cases of emergency to save life or property, the construction or repair of the following works shall be undertaken only after the plans and specifications therefor, as may be required by the Council, are approved by the proper government agency: dams for the diversion or storage of water; structures for the use of water power; installations for the utilization of subterranean or ground water and other structures for utilization of water resources. Art. 40. No excavation for the purpose of emission of a hot spring or for the enlargement of the existing opening thereof shall be made without the prior permit. Any person or agency who intends to develop a hot spring for human consumption must first obtain a permit from the Department of Health. Art. 41. No person shall develop a stream, lake, or spring for recreational purposes without first securing a permit from the Council. Art. 42. Unless otherwise ordered by the President of the Philippines and only in times of national calamity or emergency, no person shall induce or restrain rainfall by any method such as cloud seeding without a permit from the proper government agency.

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Art. 43. No person shall raise or lower the water level of a river, stream, lake, lagoon or marsh nor drain the same without a permit. Art. 44. Drainage systems shall be so constructed that their outlets are rivers, lakes, the sea, natural bodies of water, or such other water course as may be approved by the proper government agency. Art. 45. When a drainage channel is constructed by a number of persons for their common benefit, the cost of construction and maintenance of the channel shall be borne by each in proportion to the benefits derived. Art. 46. When artificial means are employed to drain water from higher to lower land, the owner of the higher land shall select the routes and methods of drainage that will cause the minimum damage to the lower lands., subject to the requirements of just compensation. Art. 47. When the use, conveyance, or storage of waters results in damage to another, the person responsible for damage shall pay the compensation. Art. 48. When a water resources project interferes with the access of a landowner to a portion of his property or with the conveyance of irrigation or drainage water, the person or agency constructing the project shall bear the cost of construction and maintenance of the bridges, flumes and other structures necessary for maintaining access, irrigation or drainage, in addition to paying compensation for land and incidental damages. Art. 49. Any person having an easement for an aqueduct may enter upon the servient land for the purpose of cleaning, repairing or replacing the aqueduct or the removal of obstructions therefrom. Art. 50. Lower estates are obliged to receive the waters which naturally and without the intervention of man flow from the higher estates as well as the stone or earth which they carry with them. The owner of the lower estate can not construct works which will impede this natural flow, unless he provides an alternative method of drainage; neither can the owner of the higher estate make works which will increase this natural flow. Art. 51. The banks of rivers and streams and the shore of the seas and lakes throughout the entire length and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins, are subject the easement of public use in the interest of recreation, navigation, floatage, fishing and salvage. No person shall be allowed to stay in this zone longer than what is necessary for recreation, navigation, floatage, fishing or salvage or to build structures of any kind. Art. 52. The establishment, extent, form, and conditions of easements of water not expressly determined in this Code shall be governed by the provisions of the Civil Code.

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Chapter V

CONTROL OF WATERS

Art. 53. To promote the best interest and the coordinated protection of flood plain lands, the Secretary of Public Works, Transportation and Communications may declare flood control areas and promulgate guidelines for governing flood plain management plans in these areas. Art. 54. In declared flood control areas, rules and regulations may be promulgated to prohibit or control activities that may damage or cause deterioration of lakes and dikes, obstruct the flow of water, change the natural flow of the river, increase flood losses or aggravate flood problems. Art. 55. The government may construct necessary flood control structures in declared flood control areas, and for this purpose it shall have a legal easement as wide as maybe needed along and adjacent to the river bank and outside the bed or channel of the river. Art. 56. River beds, sand bars and tidal flats may not be cultivated except upon prior permission from the Secretary of Public Works, Transportation and Communications and such permission shall not be granted where such cultivation obstructs the flow of water or increase flood levels so as to cause damage to other areas. Art. 57. Any person may erect levees or revetments to protect his property from floor, encroachment by the river or change in the course of the river, provided that such construction does not cause damage to the property of another. Art. 58. When a river or stream suddenly changes its course to traverse private lands, the owners of the affected lands may not compel the government to restore the river to its former bed; nor can they restrain the government from taking steps to revert the river or stream to its former course. The owners of the lands thus affected are not entitled to compensation for any damage sustained thereby. However, the former owners of the new bed shall be the owners of the abandoned bed in proportion to the area lost by each. The owners of the affected lands may undertake to return the river to its old bed at their own expense; Provided, That a permit therefor is secured from the Secretary of Public Works, Transportation and Communication and works pertaining thereto are commenced within two years from the change in the course of the river or stream. Art. 59. Rivers, lakes and lagoons may, upon the recommendation of the Philippine Coast Guard, be declared navigable either in whole or in part. Art. 60. The rafting of logs and other objects on rivers and lakes which are floatable may be controlled or prohibited during designated seasons of the year with due regard to the needs of irrigation and domestic water supply and other uses of water. Art. 61. The impounding of water in ponds or reservoirs may be prohibited by the Council upon consultation with the Department of Health if it is dangerous to public health, or it may order that such pond or reservoir be drained if such is necessary for the protection of public health. Art. 62. Waters of a stream may be stored in a reservoir by a permitee in such amount as will not prejudice the right of any permitee downstream. Whoever operates the reservoir shall, when required, release water for minimum stream flow.

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All reservoir operations shall be subject to rules and regulations issued by the Council or any proper government agency. Art. 63. The operator of a dam for the storage of water may be required to employ an engineer possessing qualifications prescribed for the proper operation, maintenance and administration of the dam. Art. 64. The Council shall approve the manner, location, depth, and spacing in which borings for subterranean or ground water may be made, determine the requirements for the registration of every boring or alteration to existing borings as well as other control measures for the exploitation of subterranean or ground water resources, and in coordination with the Professional Regulation Commission, prescribe the qualifications of those who would drill such borings. No person shall drill a well without prior permission from the Council. Art. 65. Water from one river basin may be transferred to another river basin only with the approval of the Council. In considering any request for such transfer, the Council shall take into account the full costs of the transfer, the benefits that would accrue to the receiving basin on account of the transfer, alternative schemes for supplying water to the receiving basin, and other relevant factors.

Chapter VI

CONSERVATION AND PROTECTION OF WATERS AND WATERSHEDS AND RELATED LAND RESOURCES

Art. 66. After due notice and hearing when warranted by circumstances, minimum stream flows for rivers and streams and minimum water levels for lakes may be established by the Council under such conditions as may be necessary for the protection of the environment, control of pollution, navigation, prevention of salt damage, and general public use. Art. 67. Any watershed or any area of land adjacent to any surface water or overlying any ground water may be declared by the Department of Natural Resources as a protected area. Rules and regulations may be promulgated by such Department to prohibit or control such activities by the owners or occupants thereof within the protected area which may damage or cause the deterioration of the surface water or ground water or interfere with the investigation, use, control, protection, management, or administration of such waters. Art. 68. It shall be the duty of any person in control of a well to prevent the water from flowing on the surface of the land, or into any surface water, or any porous stratum underneath the surface without being beneficially used. Art. 69. It shall be the duty of any person in control of a well containing water with minerals or other substances injurious to man, animals, agriculture, and vegetation to prevent such waters from flowing on the surface of the land, or into any surface water or into any other aquifer or porous stratum. Art. 70. No person shall utilize an existing well or pond or spread water for recharging subterranean or ground water supplies without prior permission of the Council.

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Art. 71. To promote better water conservation and usage for irrigation purposes, the merger of irrigation associations and the appropriation of water by associations instead of by individuals shall be encouraged. No water permit shall be granted to an individual when his water requirement can be supplied through an irrigation association. Art. 72. In the consideration of a proposed water resource project, due regard shall be given to ecological changes resulting from the construction of the project in order to balance the needs of development and the protection of the environment. Art. 73. The conservation of fish and wildlife shall receive proper consideration and shall be coordinated with other features of water resources development programs to insure that fish and wildlife values receive equal attention with other project purposes. Art. 74. Swamps and marshes which are owned by the State and which have primary value for waterfowl propagation or other wildlife purposes may be reserved and protected from drainage operation and development. Art. 75. No person shall, without prior permission from the National Pollution Control Commission, build any works that may produce dangerous or noxious substances or perform any act which may result in the introduction of sewage, industrial waste, or any pollutant into any source of water supply. Water pollution is the impairment of the quality of water beyond a certain standard. This standard may vary according to the use of the water and shall be set by the National Pollution Control Commission. Art. 76. The establishment of cemeteries and waste disposal areas that may affect the source of a water supply or a reservoir for domestic or municipal use shall be subject to the rules and regulations promulgated by the Department of Health. Art. 77. Tailings from mining operations and sediments from placer mining shall not be dumped into rivers and waterways without prior permission from the Council upon recommendation by the National Pollution Control Commission. Art. 78. The application of agricultural fertilizers and pesticides may be prohibited or regulated by the National Pollution Control Commission in areas where such application may cause pollution of a source of water supply.

Chapter VII

ADMINISTRATION OF WATERS AND ENFORCEMENT OF THE PROVISIONS OF THIS CODE

Art. 79. The administration and enforcement of the provisions of this Code, including the granting of permits and the imposition of penalties for administrative violations hereof, are hereby vested in the Council, and except in regard to those functions which under this Code are specifically conferred upon other agencies of the government, the Council is hereby empowered to make all decisions and determinations provided for in this Code.

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Art. 80. The Council may deputize any official or agency of the government to perform any of its specific functions or activities. Art . 81. The Council shall provide a continuing program for data collection, research and manpower development needed for the appropriation, utilization, exploitation, conservation and protection of the water resources of the country. Art. 82. In the implementation of the provisions of this Code, the Council shall promulgate the necessary rules and regulations which may provide for penalties consisting of a fine not exceeding One Thousand Pesos (P 1,000) and/or suspension or revocation of the water permit or other right to the use of water. Violations of such rules and regulations may be administratively dealt with by the Council. Such rules and regulations shall take effect fifteen (15) days after publication in newspapers of general circulation. Rules and regulations prescribed by any government agency that pertain to the utilization, exploitation, development, control, conservation, or protection of water resources shall, if the Council so requires, be subject to its approval. Art. 83. The Council is hereby authorized to impose and collect reasonable fees or charges for water resources development from water appropriators, except when it is for purely domestic purpose. Art. 84. The Council and other agencies authorized to enforce this Code are empowered to enter upon private lands, with previous notice to the owner, for the purpose of conducting surveys and hydrologic investigations, and to perform such other acts as are necessary in carrying out their functions including the power to exercise the right of eminent domain. Art. 85. No program or project involving the appropriation, utilization, exploitation, development, control, conservation or protection of water resources may be undertaken without prior approval of the Council except those which the Council may, in its discretion, exempt. The Council may require consultation with the public prior to the implementation of certain water resources development project. Art. 86. When plans and specifications of a hydraulic structure are submitted for approval, the government, agency, whose functions embrace the type of project for which the structure is intended, shall review the plans and specifications and recommend to the Council proper action thereon and the latter shall approve the same only when they are in conformity with the requirements of this Code and the rules and regulations promulgated by the Council. Notwithstanding such approval, neither the engineer who drew up the plans and specifications of the hydraulic structure, nor the constructor who built it, shall be relieved of his liability for damages in case of failure thereof by reason of defect in construction, within ten (10) years from the completion of the structure. Any action to recover such damages must be brought within five (5) years following such failure. Art. 87. The Council or its duly authorized representatives, in the exercise of its power to investigate and decide cases brought to its cognizance, shall have the power to administer oaths,

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compel the attendance of witnesses by subpoena and the production of relevant documents by subpoena duces tecum. Art. 88. The Council shall have original jurisdiction over all disputes relating to appropriation, utilization, exploitation, development, control, conservation and protection of waters within the meaning and context of the provisions of this Code. The decisions of the Council on water rights controversies shall be immediately executory and the enforcement thereof may be suspended only when a bond, in an amount fixed by the Council to answer for damages occasioned by the suspension or stay of execution, shall have been filed by the appealing party, unless the suspension is by virtue of an order of a competent court. All disputes shall be decided within sixty (60) days after the parties submit the same for decision of resolution. The Council shall have the power to issue writs of execution and enforce its decision with the assistance of local or national police agencies.

Chapter VIII

PENAL PROVISIONS Art. 90. The following acts shall be penalized by suspension or revocation of the violator's water permit or other right to the use of water and/or a fine of not exceeding One Thousand Pesos (P 1,000) , in the discretion of the Council:

a. Appropriation of subterranean or ground water for domestic use by an overlying landowner without registration required by the Council.

b. Non-observance of any standard of beneficial use of water.

c. Failure of the appropriator to keep a record of water withdrawal, when required.

d. Failure to comply with any of the terms or conditions in a water permit or a water rights

grant.

e. Unauthorized use of water for a purpose of other than that for which a right or permit was granted.

f. Construction or repair of any hydraulic work or structure without duly approved plans

and specifications, when required.

g. Failure to install a regulation and measuring device for the control of the volume of water appropriated, when required.

h. Unauthorized sale, lease, or transfer of water and/or water rights.

i. Failure to provide adequate facilities to prevent or control diseases when required by the

Council in the construction of any work for the storage, diversion, distribution, and utilization of water.

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j. Drilling of a well without permission of the Council.

k. Utilization of an existing well or pending or spreading of water for recharging subterranean or ground water supplies without permission of the Council.

l. Violation of non-compliance with any order, rules and regulations of the Council.

m. Illegal taking or diversion of water in an open canal, aqueduct or reservoir.

n. Malicious destruction of hydraulic works or structures valued at not exceeding P

5,000.00. Art. 91. A. A fine of not exceeding Three Thousand Pesos (P 3,000.00) or imprisonment of not more than three (3) years, or both such fine and imprisonment, in the discretion of the Court, shall be imposed upon any person who commits any of the following acts:

1. Appropriation of water without a water permit, unless such person is expressly exempted from securing a permit by the provisions of this Code.

2. Unauthorized obstruction of an irrigation canal. 3. Cultivation of a river bed, sand bar or tidal flat without permission. 4. Malicious destruction of hydraulic works or structure valued at not exceeding twenty-

five Thousand Pesos ( P 25,000.00).

B. A fine exceeding Three Thousand Pesos ( P 3,000.00) but not more than Six Thousand Pesos (P 6,000.00) or imprisonment exceeding three (3) years but not more than six (6) years, or both such fine and imprisonment in the discretion of the Court, shall be imposed on any person who commits any of the following acts:

1. Distribution for public consumption of water which adversely affects the health and

safety of the public. 2. Excavation or enlargement of the opening of a hot spring without permission. 3. Unauthorized obstruction of a river or waterway, or occupancy of a river bank or

seashore without permission. 4. Establishment of a cemetery or a waste disposal area near a source of water supply

or reservoir for domestic or municipal use without permission. 5. Constructing , without prior permission of the government agency concerned, works

that produce dangerous or noxious substances, or performing acts that result in the introduction of sewage, industrial waste, or any substance that pollutes a source of water supply.

6. Dumping mine tailings and sediments into rivers or waterways without permission.

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7. Malicious destruction of hydraulic works or structure valued more than Twenty-Five Thousand pesos ( P 25,000.00) but not exceeding One Hundred Thousand Pesos ( P 100,000.00).

C. A fine exceeding Six Thousand Pesos (P 6,000) but not more than Ten Thousand Pesos

( P 10,000.00) or imprisonment exceeding six (6) years but not more than twelve (12) years, or both such fine and imprisonment, in the discretion of the Court, shall be imposed upon any person who commits any of the following acts:

1. Misrepresentation of citizenship in order to qualify for water permit 2. Malicious destruction of a hydraulic work or structure, valued at more than One

Hundred Thousand Pesos ( P 100,000.00).

Art. 92. If the offense is created by a corporation, trust, firm, partnership, association or any juridical person, the penalty shall be imposed upon the President, General Manager, and other guilty officer or officers of such corporation, trust, firm, partnership, association or entity without prejudice to the filing of a civil action against said juridical person. If the offender is an alien, he shall be deported after serving his sentence, without further proceedings. Art. 93. All actions for offenses punishable under Article 91 of this Code shall be brought before the proper court. Art. 94. Actions for offenses punishable under this Code by a fine of not more than Three Thousand Pesos ( P 3,000.00) or by an imprisonment of not more than three (3) years, or both such fine and imprisonment, shall prescribe in five (5) years; those punishable by a fine exceeding Three Thousand Pesos (P 3,000.00) but not more than Six Thousand Pesos (P 6,000.00) or an imprisonment exceeding three (3) years but not more than six (6) years, or both such fine and imprisonment, shall prescribe in seven (7) years; and those punishable by a fine exceeding Six Thousand Pesos (P 6,000.00) but not more than Ten Thousand Pesos ( P10,000) or an imprisonment exceeding six (6) years but not more than twelve (12) years, or both such fine and imprisonment, shall prescribe in ten (10) years.

Chapter IX

TRANSITORY AND FINAL PROVISIONS Art. 95. Within two (2) years from the promulgation of this Code, all claims for a right to use water existing on or before December 31, 1974 shall be registered with the Council which shall confirm said rights in accordance with the provisions of this Code, and shall set their respective priorities. When a priority in time of appropriation from a certain source of supply cannot be determined, the order of preference in the use of the waters shall be as follows:

a. Domestic and municipal use b. Irrigation c. Power generation d. Fisheries e. Livestock raising f. Industrial use, and

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g. Other uses. Art. 96. No vested or acquired right to the use of water can arise from acts or omissions which are against the law or which infringe upon the rights of others. Art. 97. Acts and contracts under the regime of old laws, if they are valid in accordance therewith, shall be respected, subject to the limitations established in this Code. Any modification or extension of these acts and contracts after the promulgation of this Code, shall be subject to the provisions hereof. Art. 98. Interim rules and regulations promulgated by the Council shall continue to have binding force and effect, when not in conflict with the provisions of this Code. Art. 99. If any provision or part of this Code, or the application thereof to any person or circumstance, is declared unconstitutional or invalid for any reason, the other provisions or parts therein shall not be affected. Art. 100. The following laws, parts and/or provisions of laws are hereby repealed:

a. The provisions of the Spanish law on Waters of August 3, 1866, the Civil Code of Spain of 1889 and the Civil Code of the Philippines (R.A. 386) on ownership of waters, easements relating to waters, use of public waters and acquisitive prescription on the use of waters, which are inconsistent with the provisions of this Code;

b. The provisions of R.A. 6395, otherwise known as the Revised Charter of the National

Power Corporation, particularly section 3, paragraph (f), and section 12, insofar as they relate to the appropriation of waters and the grant thereof;

c. The provisions of Act No. 2152, as amended, otherwise known as Irrigation Act, section

3, paragraphs (k) and (m) of P.D. No. 813, R. A. 2056; Section 90, C.A. 137; and, d. All Decrees, laws, Acts, parts of Acts, rules of Court, executive orders, and

administrative regulations which are contrary to or inconsistent with the provisions of this Code.

Art. 101. This Code shall take effect upon its promulgation. Done in the City of Manila, this 31st day of December, Nineteen Hundred and Seventy-six. Date Published: May 2, 1977, Official Gazette

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009 WATER SUPPLY PROVISIONS (NATIONAL BUILDING CODE) EXCERPTS FROM THE NATIONAL BUILDING CODE (P.D. 1096 -Signed by President Ferdinand E. Marcos, 19 February 1977)

Chapter 9 - SANITATION Sec. 902. Water Supply Systems -

(a) Whenever available , the potable water requirements for a building used for human habitation shall be supplied from existing municipal or city waterworks system.

(b) The quality of drinking water from meteoric, surface or underground sources shall

conform to the criteria set in the latest approved National Standards for Drinking Water.

(c) The design, construction and operation of deep wells for the abstraction of groundwater shall be subject to the provisions of the Water Code of the Philippines.

(d) The design, construction, and operation of independent waterworks systems of private

housing subdivisions or industrial estates shall be governed by existing laws relating to local waterworks system.

(e) The water piping installations inside buildings and premises shall conform to the

provisions of the National Plumbing Code of the Philippines.

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010 BASIC POLICIES FOR THE WATER SUPPLY SECTOR OF 1978

LETTER OF INSTRUCTIONS No. 683- ESTABLISHING BASIC POLICIES FOR THE WATER SUPPLY SECTOR (Approved by President Ferdinand E. Marcos, March 30, 1978) WHEREAS, drinking water is a basic requirement to sustain life; WHEREAS, only about 40 percent of the population of the Philippines is presently served with public water supply system; WHEREAS, it is a primary concern of the government in promoting the welfare of the people to hasten the availability of water supply services in the whole country, with special attention to the rural areas; WHEREAS, the aproved Philippine Development Plan for 1978-1987, therefore, aims to increase the public water supply coverage to about 85 percent of the total Philippine population within ten years; WHEREAS, there is a need to restructure the water supply sector so that gaps and overlaps in responsibility will be eliminated; and WHEREAS, it is necessary to establish certain basic policies to attain this objectives in the most efficient manner; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order the implementation of the following basic policies for the water supply sector; (1) The attainment of complete coverage of water supply services for the whole country is a declared policy of the State shall be effected primarily through:

(a) The rationalization of the organizational structure for the water supply sector; (b) The formation of water districts, associations, cooperatives or corporations for the construction, operation and maintenance of water supply systems in preference to systems directly operated and managed by local governments; and (c) The encouragement of self-help and self-reliant water supply projects.

(2) Agencies involved in water supply shall strive to attain financial independence, thereby minimizing Government subsidy, by increasing their own internal revenue generation capabilities and by providing services within the cost repayment capabilities of the beneficiaries. (3) The levels of water supply service to be developed shall vary according to technical, economic, organizational and financial considerations. These levels of service are as follows;

Level I-Points sources (such as rain collectors, wells and springs); generally for rural areas where houses are scattered too thinly to justify a distribution system.

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Level II-Communal faucet system; generally for rural areas where houses are clustered densely enough to justify a piped distribution system with a faucet provided for a number of households.

Level III-Individual house connections; generally for urban areas.

(4) The rationalization of the water supply sector structure shall be pursued in accordance with the following strategies:

(a) The Metropolitan Waterworks and Sewerage System shall concentrate its operations in Metropolitan Manila and other contiguous areas that may later be included in its service coverage. (b) The local Water Utilities Administration shall promote water districts in cities and municipalities with a population of at least 20,000 each. It will support these water districts through institutional, technical and financial assistance. (c) The Bureau of Public Works shall be mainly responsible for the construction of wells and development of springs in rural areas. (d) The Department of Local Governments and Community Development shall be responsible for the formation of water associations and cooperatives that will operate and maintain water supply systems for communities in the provinces covered by the Provincial Development Assistance Program (PDAP). It shall provide institutional, technical and financial support to these associations and cooperatives. (e) Task Force on Rural Water Supply under the National Water Resources Council shall, until such time that a permanent institution of the Government to handle the rural water supply sector is evolved, be responsible for the formation of water associations and cooperatives that will construct, operate, and maintain water supply systems in the rural areas of non- PDAP provinces. This Task Force shall provide technical, institutional and financial assistance to these associations and cooperatives. It shall also make studies and recommendations on the appropriate institution that will eventually be responsible for the rural water supply sector on a permanent basis. The Task Force is hereby authorized to call upon any agency of the Government for assistance in accomplishing its tasks.

(5) The National Water Resources Council shall be responsible for coordinating the implementation of the above policies. It shall submit to the President of the Philippines, periodic reports on the status of the entire water supply sector and the performance of each of the above agencies in relation to the overall policy framework for water supply.

Done in the City of Manila, this 30th day of March, in the year of Our Lord, nineteen hundred and seventy-eight.

(Sgd.) FERDINAND E. MARCOS President of the Philippines

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011 WATER QUALITY MANAGEMENT PROVISIONS (ENVIRONMENT CODE) EXCERPTS FROM THE PHILIPPINE ENVIRONMENT CODE, P.D. 1152 (Approved by President Ferdinand E. Marcos, 6 June 1977)

TITLE II - WATER QUALITY MANAGEMENT

Sec. 14. Purpose. It is the purpose of this Title to prescribe management guidelines aimed to protect and improve the quality of Philippine water resources through:

a) classification of Philippine waters,

b) establishment of water quality standards; c) protection and improvement of the quality of Philippine water resources; and

d) responsibilities for surveillance and mitigation of pollution incidents.

Chapter I - Classification Standards

Sec. 15. Classification of Philippine Water. The National Pollution Control Commission, in coordination with appropriate government agencies, shall classify Philippine waters, according to their best usage. In classifying said waters, the National Pollution Control Commission shall take into account, among others, the following.

a) the existing quality of the body of water at the time of classification;

b) the size, depth, surface area covered, volume, direction, rate of flow, gradient of stream; and

c) the most beneficial uses of said bodies of water and lands bordering them residential,

agricultural, commercial, industrial, navigational, recreational, and aesthetic purposes. Sec. 16. Reclassification of Waters Based on Intended Beneficial Use. Where the public interest so requires, the National Pollution Control Commission, in coordination with appropriate government agencies, shall reclassify a body of water based on the intended beneficial use and take such steps as may be necessary to upgrade the quality of said water. Other government agencies may adopt higher standards for a particular body of water, subject to the approval of the National Pollution Control Commission. Sec. 17. Upgrading of Water Quality. Where the quality of water has deteriorated to a degree where its state will adversely affect its best usage, the government agencies concerned shall take such measures as may be necessary to upgrade the quality of such water to meet the prescribed water quality standards. Sec. 18. Water Quality Standards. The National Pollution Commission shall prescribe quality and effluent standards consistent with the guidelines set by the National Environment Protection Council and the classification of waters prescribed in the preceding sections, taking into consideration, among others, the following:

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a) the standard of water quality of purity may vary according to beneficial uses; and

b) the technology relating to water pollution control.

Chapter II - Protection and Improvement of Water Quality Sec. 19. Enforcement and Coordination. The production, utilization, storage and distribution of hazardous, toxic and other substances such as radioactive materials, heavy metals, pesticides, fertilizers, and oils, and disposal, discharge and dumping of untreated wastewater, mine-tailings and other substances that may pollute any body of water of the Philippines resulting from normal operations of industries, water-borne sources, and other human activities, as well as those resulting from accidental spills and discharges shall be regulated by appropriate government agencies pursuant to their respective charters and enabling legislations. In the performance of the above functions, the government agencies concerned shall coordinate with the National Environmental Protection Council and furnish the latter with such information as may be necessary to enable it to attain its objectives under Presidential Decree No. 1121. Sec. 20. Clean-up Operations. It shall be the responsibility of the polluter to contain, remove and clean-up water pollution incidents at his own expense. In case of his failure to do so, the government agency concern shall undertake containment, removal and clean-up operations and expenses incurred in said operations shall be charged against the persons and/or entities responsible for such pollution. Sec. 21. Water Quality Monitoring and Surveillance. The various government agencies concerned with environmental protection shall establish to the greatest extent practicable a water quality surveillance and monitoring network with sufficient stations and sampling schedules to meet the needs of the country. Said water quality surveillance network shall put to maximum use the capabilities of such government agencies. Each agency involved in such network shall report to the National Environmental Protection Council the results of these monitoring activities as the need arises.

Chapter VI - Conservation and Utilization of Surface Ground Waters Sec. 39. Management Policy. In addition to existing laws, the national government through the National Water Resources Council in coordination with other appropriate government agencies, shall prescribe measures for the conservation and improvement of quality of Philippine water resources and provide for the prevention control and abatement of water pollution.

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012 ACCREDITATION OF WATER ANALYSIS LABORATORIES OF 1979 July 20, 1979 DOH Administrative Order No. 31, series of 1979 SUBJECT: REQUIREMENTS FOR THE ACCREDITATION OF WATER

ANALYSIS LABORATORIES

The Ministry of Human Settlements and Ecology had, in January 1978, published a three-volume "Philippine Standard Methods for Air and Water Analysis", and the Ministry of Health, in September 1978, had issued a revised "National Standards for Drinking Water". The objective of the former publication is to have some assurance that accepted procedure are available for the determination of the " Standard", and that the adherence to the procedures allows comparability of results of analysis within a single laboratory and between laboratories. While laboratory procedures could be established their mere application is no guaranty that results are not erroneous. Erroneous results could mislead decision makers, e.g. in disapproving a water system even though historically the supply had always been of good quality.

Water is a commodity which one can not do without; it is one of the elements of life. For this reason alone, the water that is delivered to communities must be duly accredited as safe and potable. The safe and potability of water can be determined by the standard procedures already mentioned and the determination is undertaken by duly accredited water analysis laboratory. This laboratory must have the necessary facilities and personnel possessing the technical skill and knowledge to perform these vital examinations to assure that the results are acceptable and therefore reflect the quality of the water sampled.

Those who deal with the determination of safe and potable water must be imbued with the concept that water analysis laboratories are not set up as any commercial enterprise for profit but primarily to assist maintain the safe and potable quality of the water supply for the community through the early detection of pollution and immediate institution of remedial and corrective measures by those concerned. They therefore, assume a civic responsibility.

In view of the foregoing, and in order to implement Sec. 12, Chapter II, of P.D. 856, otherwise known as the Code of Sanitation of the Philippines, which provides that "the examination of drinking water shall be performed only in private and government laboratories duly accredited by the Department of Health (now Ministry),"the following requirements for the accreditation of water analysis laboratories are hereby promulgated: Requirements for the accreditation of a water analysis laboratory 1. Basic Requirements

Any person, firm, or corporation desiring to establish or operate and maintain a water analysis laboratory shall submit to the Ministry of Health, through the Bureau of Research and Laboratories, an application, in the form prepared and adopted therefor, and containing among others the following data:

(1) the name, citizenship and domicile of the head of the laboratory;

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(2) the municipality and place where it is to be established; (3) name of establishment;

(4) name, citizenship and domicile of owner;

(5) scope and nature of work, specifying procedures;

(6) statement that applicant has complied with all business requirements under existing

laws or ordinances that are necessary in pursuance of the activity for which an accreditation is applied for;

(7) tax clearance for preceding year.

An inspector of the Bureau of Research and Laboratories shall, upon the receipt of such

application, inspect within 60 days the establishment and verify if applicant has complied with all the requirements prescribed in these regulations. The certificate of accreditation will henceforth be issued, signed and approved by the Ministry of Health or his duly authorized representative if the application is found to be meritorious, otherwise the same shall be returned to the applicant with notations on why the application was not approved. 2. Personnel

The operation of water analysis laboratories shall be under the direction and supervision of a licensed sanitary engineer. If the water analysis laboratory is attached to a licensed clinical laboratory where the bacteriological and chemical services are licensed to operate, then the clinical pathologist licensed to supervise the laboratory concurrently supervises the water analysis laboratory. In areas where there may not be a sanitary engineer, a licensed chemist, medical technologist or pharmacist, with adequate training and experience of at least 3 years in a water analysis laboratory, may provisionally supervise operation. The sanitary engineer in charge of supervision/direction of water analysis laboratory shall be authorized to head, manage, or supervise up to three (3) water laboratories provided they are contiguously located in a particular area. Those provisionally authorized to supervise operations maybe allowed to supervise only one laboratory. All laboratory assistants involved in the technical aspect of the physical, bacteriological, chemical, biological and radiological examination of water, should be either a registered pharmacist, medical technologist or chemist. One with a baccalaureate degree in biology may undertake biological analysis of water under the supervision of a registered professional. All technical assistants must have been trained and must have at least one year experience in the procedures involved in the different aspects of water analysis. A technical assistant may supervise not more than two skilled workers. Laboratory support personnel such as laboratory aides are needed to clean glassware's, assist in the preparation of media, etc. Trained personnel for sampling as well as for clerical support should also be provided. Each service must therefore be operated by at least one registered professional, one laboratory assistant and one laboratory aide. A bacteriological service with a minimum number

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of personnel may handle at most 30 samples/day and a chemical service of at most 5 samples for routine chemistry. 3. Physical Plant

(a) Work rooms must be housed in a permanent building constructed of strong materials, preferably concrete or semi-concrete. The floor must be concrete or tiled or linoleum-finished. It must also have adequate drainage.

(b) Work rooms should be well-ventilated with adequate provisions for either natural

or artificial lighting.

(c) The working space of the laboratory must correlate with the volume and type of work it intends to do and periods of peak workload, and must consider the equipment and number of personnel involved. Working space requirements must include sufficient bench-top area for processing samples, storage space for media, glassware's and portable equipment, and an adequate appropriate area for cleaning glassware's and sterilizing materials. The bench-top working area needed for processing samples should be at least 1.20 - 1.80 m of continuous area per analyst. The working area for a specific service should be at least 20 sq. meters. A hood for chemical, radiological and bacteriological units must be provided. The analytical balance should be on a level and firm stand preferably cement-based. The work space of each unit or service must be separate and adequate.

(d) A bench height of 90 centimeters provides convenience for the worker who may

choose to stand or sit while performing various tasks. Laboratory benches 75 centimeters high should also be provided for other types of works. The laboratory table or top working areas should be level.

(e) All work rooms should have adequate running water not stored water. Shower

facilities should be available.

(f) Adequate physical provisions for the safety of laboratory personnel must be provided considering exposure to chemicals, inflammable reagents, fires, etc. All provisions of the safety and building code should be complied with.

4. Laboratory Apparatus, Materials and Reagents

All laboratory apparatuses must be of such quality as to meet levels of sensitivity, reliability and should only need minimum service repairs to correct mechanical failure or intolerable fluctuations in some critical characteristics. The apparatuses must also be such to meet an increased workload. The apparatuses must also serve efficiently and effectively the purpose for which they are procured. The highest grade of quality of media and reagents are to be used.

Applications for accreditation must specify the procedure of the examinations that the laboratories will perform so that the equipment,, materials and supplies required will be as set forth in the Philippine Standards of Air and Water Analysis, Vol. 1 and Vol. 2. The following are some of the tests that maybe done for each service. The kind of test to be undertaken by the laboratory should be specified in the application and in the certificate of accreditation.

(a) Bacteriological Analysis Service

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1. Multiple-tube fermentation technique 2. Gram-stain technique 3. IMVIC test 4. Standard plate count 5. Fecal coliform test 6. Optional - tests for fecal streptococcal group

(b) Biological Analysis Service

1. Quantitative and qualitative examination of phytoplankton samples 2. Zooplankton and bottom fauna examination

(c) Physical and Chemical Analysis Service

Tests for: 1. Color 2. Odor 3. pH value 4. Specific conductance 5. Taste 6. Temperature 7. Turbidity 8. Total solids 9. Hardness 10. Acidity 11. Alkalinity 12. Aluminum 13. Arsenic 14. Barium 15. Cadmium 16. Calcium 17. Free carbon dioxide 18. Chloride 19. Chloride (residual) 20. Chromium (hexavalent) 21. Copper 22. Cyanide 23. Fluoride 24. Iron 25. Lead

26. Magnesium 27. Manganese 28. Mercury 29. Nitrogen, ammonia 30. Nitrogen, nitrate 31. Nitrogen, nitrite 32. Oil and grease 33. Total organic carbon 34. Oxygen, dissolved 35. Oxygen, demand, biochemical 36. Pesticides 37. Phenols 38. Phosphate 39. Potassium 40. Residue 41. Selenium 42. Silica, dissolved 43. Silver 44. Sodium 45. Sulfate 46. Sulfide 47. Sulfite 48. Surfactants 49. Zinc

(e) Radiological Analysis Service

1. Gross Alpha and Gross Beta Radiology (Total, Suspended and Dissolved) 2. Total Radioactive Strontium in Water 3. Strontium-90 in water 4. Total Radium ( Precipitation Technique) 5. Radium-226 by radon (Soluble, Suspended and Total)

The minimum equipment for each service are the following:

(a) Bacteriological Analysis Service

1. Incubator 2. Waterbath, 37 °C, 44.5 °C + 0.5 ( If Escherichia coli test is to be performed) 3. Autoclave 4. ph Meter 5. Analytical balance 6. Colony counter 7. Microscope 8. Hot plate or stove 9. Oven, sterilizing 10. Bunsen burner with tank 11. Refrigerator

(b) Chemical Analysis Service

1. pH meter 2. Oven, sterilizing

3. Candle turbidimeter 4. Pipette washer 5. Spectrophometer; spectronic 20, or A.A. 6. Magnetic stirrer 7. Waterbath 8. Refrigerator 9. Gas chromatographer 10. Vacuum filter

( c) Biological Analysis Service

1. Water sampler, any of the following:

(a) Van Dorn (b) Kemerrer ( c) Nansen (d) Ruttner (e) Improvised Meyer or LLDA's Modified sampler

2. Water pump with graduated intake 3. Bottom dredge 4. Inverted microscope 5. Compound microscope

(d) Radiological Analysis Service

The apparatus, supplies, reagents and sampling as well as work room requirements shall be as provided for in the 14th edition of the Standard Methods for the Examination of Water and Wastewater, prepared and published jointly by the American Public Health Association, American Waterworks Association, and Water Pollution Control Federation.

5. Minimum Required References for Each Laboratory

(a) Philippine Standard Methods for Air and Water Analysis, Vol. 1 and Vol. 2, Human Settlements Commission, January 1978.

(b) Standard Methods for the Examination of Water and Wastewater, APHA, AWWA,

WFCF, 14th Edition

( c) National Standards for Drinking Water, Bureau of Research and Laboratories, Ministry of Health, 1978.

6. Requests and Results The laboratory must have printed requests and results of examinations forms. The sample for these forms as incorporated in reference 5 (a) may be used as guides. No results can be released to the public unless signed by the sanitary engineer or the authorized supervisor. Records of examinations must be properly filed for easy reference. 7. Quality Assurance Program

The accredited laboratory must participate in the quality assurance program to be conducted by the Bureau of Research and Laboratories. 8. Laboratory Fees The rate of laboratory fees to be charged by a water analysis laboratory for examinations shall be within the range of the usual fees prevailing at the time and particular place taking into consideration costs of production and quality control of various laboratory procedures. 9. Inspection

It shall be the duty of the Director of the Bureau of Research and Laboratories or his duly authorized representative to conduct periodical inspection of water analysis laboratories. The Director of the Bureau of Research and Laboratories or his duly authorized representative/s shall be given the opportunity at all reasonable time to inspect the premises and facilities of the laboratory. All records shall be made available to them. 10. Exhibition of Certificate of Accreditation

The Certificate of Accreditation of the water analysis laboratory must be displayed in a conspicuous place within the laboratory. 11. Expiration The accreditation of a water analysis laboratory shall expire on the last day of December of the year stated therein, including the authorization given to the head or supervisor of operation. 12. Renewal Application for renewal shall be filed on the last two months of the year. 13. Updating of requirements

The requirements for the accreditation of water analysis laboratory maybe updated from time to time as the need arises. This Administrative Order shall take effect immediately. (SGD) CLEMENTE S. GATMAITAN, M.D.,M.P.H.

Minister of Health

013 NATIONWIDE CONSTRUCTION OF WATER SUPPLY SYSTEMS OF 1989 R.A. 6716 - AN ACT PROVIDING FOR THE CONSTRUCTION OF WATER WELLS, RAINWATER COLLECTIORS, DEVELOPMENT OF SPRINGS AND REHABILITATION OF EXISTING WATER WELLS IN ALL BARANGAYS IN THE PHILIPPINES (Approved, March 17, 1989)

SECTION 1. Declaration of Policy.-It is hereby declared to be the national policy to promote the quality of life of every Filipino through the provision of adequate social services including, but not limited to, the provision of adequate potable water supply made conveniently available to every barangay in the country. SEC 2. Water Wells, Rainwater Collectors and Spring Development.-The Department of Public Works and Highways (DPWH) shall, within thirty (30) days after the approval of this Act, undertake construction of water wells, rainwater collectors, development of spring and rehabilitation of existing water wells in all barangays in the Philippines in such number as may be needed and feasible, taking into consideration the population, hydrologic conditions, costs of project development and operations, financial and economic factors and institutional arrangements: Provided, however, That the DPWH shall deduct not more than five percent (5%) for supervision, engineering, technical and other overhead expenses or fees: Provided, further, That each barangay in the country shall have at least one additional potable water source.

SEC. 3. Operation and Maintenance.- In order to ensure the proper use of the water facilities herein provided, a Barangay Waterworks and Sanitation Association, herein referred to as BWSA, shall be formed and organized for the purpose of maintaining the water facilities: Provided, That pending the organization of the BWSA, the water facilities shall be operated and maintained by the barangay council. The BWSA shall be composed of the member-consumers who shall administer, operate and maintain the completed water facility and shall be registered, with the corresponding municipal or city council. The BWSA may impose such minimal charges as may be necessary for the maintenance and normal repairs of said facility. Nothing herein shall prevent any resident of the locality from using the water facility under the same terms and conditions as the member-consumers of the BWSA. Organizing and training the recipient communities in the operation and maintenance of water system shall be conducted by the DPWH prior to the turnover of such facilities to the BWSA subject to the guidelines to be formulated by the Department.. SEC. 4. Submission of Report.-The Department of Public Works and Highways shall, within ninety (90) days after the approval of this Act and every one hundred eighty (180) days thereafter, submit periodic reports to the respective Committees on Public Works and Highways of both Houses of the Congress of the Philippines for evaluation and consideration. SEC. 5. Funding. The sum needed for the implementation of the construction, rehabilitation and repair program shall be taken from any available appropriations for the Department of Public Works and Highways in the General Appropriations Act for 1989: Provide, That funds for this purpose shall also be included in the General Appropriations Act for 1990 and 1991: Provided, further, That the total program shall be completed not later than June 30, 1991, and: Provided, finally, That there shall be equitable and proportionate appropriations of funds annually for this purpose for all provinces, cities and municipalities. In addition, a portion of financial grants and

concessional loans extended to the Philippines by foreign governments and multilateral agencies every year, the amount to be determined by the President, shall be allocated by the Department of Budget and Management to augment the appropriations of the Department of Public Works and Highways until one hundred thousand (100,000) water wells, rainwater collectors, and springs are completed as envisioned in this Act. SEC. 6. Effectivity- This Act shall take effect upon its publication in at least two (2) newspapers of general circulation. Approved, March 17, 1989

014 REVISED WATER USAGE AND CLASSIFICATION OF 1990 March 20, 1990 DENR ADMINISTRATIVE ORDER NO. 34 Series of 1990 SUBJECT: REVISED WATER USAGE AND CLASSIFICATION/WATER QUALITY

CRITERIA AMENDING SECTION NOS. 68 AND 69, CHAPTER III OF THE 1978 NPCC RULES AND REGULATIONS

Section 68. Water Usage and Classification. - The quality of Philippine waters shall be

maintained in a safe and satisfactory condition according to their best usages. For this purpose all waters shall be classified according to the following beneficial usages:

(a) Fresh Surface Waters (rivers, lakes, reservoirs, etc.)

Classification Beneficial Use1 Class AA Public Water Supply Class I. This class is

intended primarily for waters having watersheds which are uninhabited and otherwise protected and which require only approved disinfection in order to meet the National Standards for Drinking Water (NSDW) of the Philippines.

Class A Public Water Supply Class II. For sources of water supply that will require complete treatment (coagulation, sedimentation, filtration, and disinfection) in order to meet the NSDW.

Class B Recreational Water Class I. For primary contact recreation such as bathing, swimming, skin diving, etc. (particularly those designated for tourism purposes).

Class C 1) Fishery Water for the propagation and growth of fish and other aquatic resources; 2) Recreational Water Class II (Boating, etc.) 3) Industrial Water Supply Class I (For manufacturing processes after treatment)

Class D 1) For agriculture, irrigation, livestock watering, etc. 2) Industrial Water Supply Class II (e.g. cooling, etc.);

1 In general , this refers to current best beneficial use that is expected to last, at least, for the next 10 to 20 years. In special cases when dictated by political, economic, social, public health, environmental and other considerations, certain waters may be classified according to the intended or future beneficial use (e.g. Pasig River, Tullahan- Tenejeros, etc.)

3) Other inland waters, by their quality, belong to this qualification.

(b) Coastal and Marine Waters

Classification Beneficial Use Class SA 1) Waters suitable for the propagation, survival

and harvesting of shellfish for commercial purposes; 2) Tourist zones and national marine parks and reserves established under Presidential Proclamation No. 1801; existing laws and/or declared as such by appropriate government agency. 3) Coral reef parks and reserves designated by law and concerned authorities.

Class SB 1) Recreational Water Class I. (Areas regularly used by the public for bathing, swimming, skin diving, etc.); 2) Fishery Water Class I (Spawning areas for Chanos chanos or “Bangus” and similar species).

Class SC 1) Recreational Water Class II (e.g. boating, etc.) 2) Fishery Water Class II (Commercial and sustenance fishing); 3) Marshy and/or mangrove areas declared as fish and wildlife sanctuaries;

Class SD 1) Industrial Water Supply Class II (e.g. cooling, etc.); 2) Other coastal and marine waters, by their quality, belong to this classification.

( c) General Provisions on Water Classification

1. Classification of a water body according to a particular designated use or uses does not preclude use of the water for other purposes that are lower in classification provided that such use does not prejudice the quality required for such waters.

2. Water classifications are arranged in the order of the degree of protection required, with

Class AA and SA having generally the most stringent water quality, respectively, for fresh surface waters and marine/coastal water; and Class D and SD waters have the least stringent water quality for fresh surface waters and marine waters, respectively.

3. The main objective of the water quality criteria is to maintain the minimum conditions

necessary to assure the suitability of water for its designated use or classification.

4. Any person regulated under these rules or having a substantial interest in this chapter may seek reclassification of waters by filing a petition with the DENR giving all the necessary information to support the petition.

5. All reclassification of water shall be adopted, only after public notice and hearing and

upon affirmative findings by the DENR Regional Office concerned that:

i) The proposed reclassification will establish the present and future most beneficial use of the waters;

ii) Such a reclassification is clearly in the public interest, and;

(iii) The proposed designated use is attainable, upon consideration of environmental,

technological, social, economic and institutional factors.

6. For purposes of classification or reclassification the following minimum water quality parameters are to be considered:

i) Dissolved Oxygen (DO)

ii) pH

(iii) Biochemical Oxygen Demand

iv) Total Coliform Organisms

Section 69. Water Quality Criteria. (a) Minimum Criteria for Surface Waters. All surface waters of the country shall be free from:

1. Domestic, industrial, agricultural, or other man-induced non-thermal components of discharges which, alone or in combination with other components of discharges (whether thermal or non-thermal):

i) That settle to form putrescent deposits or otherwise create a nuisance; or

ii) That float as debris, scum, oil, or other matter in such amounts as to form nuisance; or

(iii) That produce color, odor, taste, turbidity, or other conditions in such degree as to create a nuisance; or

iv) That are acutely toxic; or

v) That are present in concentrations which are carcinogenic, mutagenic, or teratogenic to human beings or to significant, locally occurring, wildlife or aquatic species; or

vi) That pose a serious danger to the public health, safety, or welfare.

2. Thermal components of discharges which alone, or in combination with other

discharges or components of discharges ( whether thermal or non-thermal):

i) That produce conditions so as to create nuisance; or

ii) That increase the temperature of the receiving body of water (RBW) so as to cause substantial damage or harm to the aquatic life or vegetation therein or interfere with the beneficial use assigned to the RBW.

(b) Water Quality Criteria for Fresh Waters.

1. Conventional and Other Pollutants Affecting Aesthetics and Oxygen Demand. - Please refer to Table 1 for the parameters and limits or specifications according to classification and use of the receiving body of water (RBW).

2. Toxic and Other Deleterious Substances. - The maximum limits for these types of

pollutants according to classification or use of the receiving body of water are found in Table 2.

(c) Coastal and Marine Waters Criteria.

1. Conventional and Other Pollutants Affecting Aesthetics and Oxygen Demand. The criteria for Class SA, SB, SC and SD are found in Table 3.

2. Toxic and Other Deleterious Substances. The maximum limits for toxic and other

deleterious substances for waters classified as Class SA, SB, SC, and SD waters are found in Table 4.

(d) Methods of Analysis. For purposes of these regulations, any water sample taken for the

purpose of classification or for determining compliance with the water quality criteria shall be analyzed in accordance with the methods enumerated in Table 5. The table also applies to determine compliance to effluent regulations.

(e) Significant Parameters. - As a guide to dischargers and regulatory agencies, the significant parameters to be considered for monitoring purposes are indicated in Table 6.

This order shall take effect thirty (30) days after publication in the Official Gazette or any newspaper of general circulation. APPROVED: (SGD) FULGENCIO S. FACTORAN, JR Secretary of the Department of Environment

and Natural Resources

TABLE 1 - WATER QUALITY CRITERIA FOR CONVENTIONAL AND OTHER POLLUTANTS CONTRIBUTING TO AESTHETICS AND OXYGEN DEMAND FOR FRESH WATERS (a)

PARAMETER UNIT CLASS

AA CLASS

A CLASS

B CLASS

C CLASS

D(b) Color PCU 15 50 (c) (c) (c)

Temperature (d) (max. rise in degree Celsius)

°C rise

--

3

3

3

3

pH (range) 6.5-8.5 6.5-8.5 6.5-8.5 6.5-8.5 6.0-9.0 Dissolved Oxygen(e) (Minimum)

% satn 70 70 70 60 40

5-Day 20 °C BOD

mg/L 1 5 5 7(10) 10(15)

Total Suspended Solids

mg/L 25 50 (f) (g) (h)

Total Dissolved Solids

mg/L 500(i) 1,000 (i) -- -- 1,000 (i)

Surfactants (MBAS)

mg/L nil 0.2(0.5) 0.3(0.5) 0.5 --

Oil/Grease (Petroleum Ether Extract)

mg/L nil 1 1 2 5

Nitrate as Nitrogen

mg/L 1.0 1.0 nr 10(j) --

Phosphate as Phosphorus

mg/L nil 0.1(k) 0.2(k) 0.4 (k) --

Phenolic Substances as Phenols

mg/L nil 0.002 0.005(l) 0.02(l) --

Total Coliforms MPN/100mL

50(m) 1,000(m) 1,000(m) 5,000(m) --

or Fecal Coliforms

MPN/100mL

20(m) 100(m) 200(m) -- --

Chloride as Cl mg/L 250 250 -- 350 -- Copper mg/L 1.0 1.0 -- 0.05(o)

---------------------------- Footnotes for Tables 1,2,3 and 4. (a) Except as otherwise indicated, the numerical limits in Tables 1 and 3 are yearly average values.

Values enclosed in parentheses are maximum values. (b) For irrigation purposes, SAR should have a minimum value of 8 and a maximum value not to exceed

18. Boron should not exceed 0.75 mg/l. (c) No abnormal discoloration from unnatural causes (d) The allowable temperature increase over the ambient temperature for each month. This rise shall be

based on the average of the maximum daily temperature readings recorded at the site but upstream of the mixing zone over a period of one (1) month.

(e) Sampling taken between 9:00 AM and 4:00 PM

(f) Not more than 30% increase (g) Not more than 30 mg/L increase (h) Not more than 60 mg/L increase (i) Do not apply if natural background is higher in concentration. The latter will prevail and will be used as

baseline. (j) Applicable only to lakes, reservoirs and similarly impounded water. (k) When applied to lakes or reservoirs, the Phosphate as P concentration should not exceed an average of

0.05 mg/L nor a maximum of 0.1 mg/L (l) Not present in concentrations to affect fish flavor/taste (m) These values refer to the geometric mean of the most probable number of coliform organisms during a

3-month period and that the limit indicated shall not be exceeded in 20 percent of the samples taken during the same period.

(n) For spawning areas for Chanoschanos and other similar species (o) Limit is in terms of dissolved copper nil - Extremely low concentration and not detectable by existing equipment -- - means the standard of these substances are not considered necessary for the present time, considering the

stage of the countries development and DENR capabilities, equipment and resources. nr - means No Recommendation made

TABLE 2 - WATER QUALITY CRITERIA FOR TOXIC AND OTHER

DELETERIOUS SUBSTANCES FOR FRESH WATERS (For the Protection of Public Health)

PARAMETER UNIT CLASS AA

CLASS A

CLASS B

CLASS C

CLASS D

Arsenic (i) mg/L 0.05 0.05 0.05 0.05 0.1 Cadmium (i) mg/L 0.01 0.01 0.01 0.01 0.05 Chromium(i)

(hexavalent) mg/L 0.05 0.05 0.05 0.05 0.1

Cyanide mg/L 0.05 0.05 0.05 0.05 -- Lead (i) mg/L 0.05 0.05 0.05 0.05 0.5 Total Mercury (i) mg/L 0.002 0.002 0.002 0.002 0.002 Organophosphate mg/L nil nil nil nil nil Aldrin mg/L 0.001 0.001 -- -- -- DDT mg/L 0.05 0.05 -- -- -- Dieldrin mg/L 0.001 0.001 -- -- -- Heptachlor mg/L nil nil -- -- -- Lindane mg/L 0.004 0.004 -- -- -- Toxaphane mg/L 0.005 0.005 -- -- -- Methoxychlor mg/L 0.10 0.10 -- -- -- Chlordane mg/L 0.003 0.003 -- -- -- Endrin mg/L nil nil -- -- -- PCB mg/L 0.001 0.001 -- -- --

--------------- Note: 1. Limiting values of organophosphates and organochlorines may in the meantime serve

as guidelines in the interim period pending the procurement and availability of necessary laboratory equipment. For Barium, Cobalt, Fluoride, Iron, Lithium, Manganese, Nickel, Selenium, Silver, and Vanadium, the 1978 NPCC Rules and Regulations, Section 69 may be considered.

2. For footnotes, please refer to Table 1.

TABLE 3 - WATER QUALITY CRITERIA FOR CONVENTIONAL AND OTHER

POLLUTANTS AFFECTING AESTHETICS AND EXERTING OXYGEN DEMAND FOR COASTAL AND MARINE WATERS(a)

PARAMETER UNIT CLASS

SA CLASS

SB CLASS

SC CLASS

SD Color PCU (c) (c) (c) (c) Temperature (d) (max. rise in degree Celsius)

°C rise

3

3

3

3

pH (range) 6.5-8.5 6.0-8.5 6.0 -8.5 6.0-9.0 Dissolved Oxygen (e) (Minimum)

% satn

mg/L

70

5.0

70

5.0

70

5.0

50

2.0 5-Day 20 °C BOD mg/L 3 5 7(10) -- Total Suspended Solids

mg/L (f) (g) (g) (h)

Surfactants (MBAS) mg/L 0.2 0.3 0.5 -- Oil/Grease (Petroleum Ether Extract)

mg/L 1 2 3 5

Phenolic Substances as Phenols

mg/L nil 0.01 (1) --

Total Coliforms MPN/100mL 70 (m) 1,000(m) 5,000(m) -- Fecal Coliforms MPN/100mL nil 200(m) -- -- Copper mg/L -- 0.02 (n) (o) 0.05(o) --

------ Note: For footnotes, please refer to Table 1.

TABLE 4 - WATER QUALITY CRITERIA FOR TOXIC AND OTHER DELETERIOUS

SUBSTANCES FOR COASTAL AND MARINE WATERS (For the protection of Public Health)

PARAMETER UNIT CLASS SA

CLASS SB

CLASS SC

CLASS SD

Arsenic (i) mg/L 0.05 0.05 0.05 -- Cadmium (i) mg/L 0.01 0.01 0.01 -- Chromium(i)

(hexavalent) mg/L 0.05 0.1 0.1 --

Cyanide mg/L 0.05 0.05 0.05 -- Lead (i) mg/L 0.05 0.05 0.05 -- Total Mercury (i) mg/L 0.002 0.002 0.002 -- Organophosphate mg/L nil nil nil -- Aldrin mg/L 0.001 -- -- -- DDT mg/L 0.05 -- -- -- Dieldrin mg/L 0.001 -- -- -- Heptachlor mg/L nil -- -- -- Lindane mg/L 0.004 -- -- -- Toxaphane mg/L 0.005 -- -- -- Methoxychlor mg/L 0.10 -- -- -- Chlordane mg/L 0.003 -- -- -- Endrin mg/L nil -- -- -- PCB mg/L 0.001 -- -- --

------------- Note: 1. Limiting values of organophosphates and organochlorines may in the meantime serve

as guidelines in the interim period pending the procurement and availability of necessary laboratory equipment. For Barium, Cobalt, Fluoride, Iron, Lithium, Manganese, Nickel, Selenium, Silver, and Vanadium, the 1978 NPCC Rules and Regulations, Section 69 may be considered.

2. For footnotes, please refer to Table 1.

TABLE 5. APPROVED METHODS OF ANALYSIS

PARAMETER METHOD OF ANALYSIS ARSENIC Silver Diethydithiocarbamate Method

(Colorimetric) BOD5 Azide Modification (Dilution Technique) BORON Carmine Method (Colorimetric Method) CADMIUM Atomic Absorption Spectrophotometry (Wet

ashing with concentration HNO3 + HCL CHLORINATED HYDROCARBONS Gas Chromatography (ECD) CHROMIUM (Hexavalent) Diphenyl Carbazide Colorimetric Method COLOR Visual Comparison Method (Platinum Cobalt

Scale) CYANIDE Specific Ion Electrode Method DISSOLVED OXYGEN Azide Modification (Winkler Method),

Membrane Electrode (DO meter) FECAL COLIFORMS Multiple-Tube Fermentation Technique or

Membrane Filter LEAD Atomic Absorption Spectrophotometry NITRATE AS NITROGEN Bruccine Method for Saline Waters, specific

Ion Electrode Meter for Fresh Water OIL AND GREASE Gravimetric method (Petroleum Ether

Extraction) ORGANO PHOSPOROUS COMPOUNDS Gas Chromatography (FPD) POLYCHLORINATED BYPHENYL (PCB) Gas Chromatography (ECD) pH Glass Electrode Method PHENOLIC SUBSTANCES Chloroform Extraction Methods PHOSPHATE AS PHOSPOROUS Stannous Chloride Method SETTLEABLE SOLIDS Imhoff Cone Method SURFACTANTS (MBAS) Methylene Blue Method (Colorimetric) TEMPERATURE Use of Mercury-Filled Thermometer TOTAL COLIFORMS Multiple-Tube Fermentation Technique or

Membrane Filter TOTAL MERCURY Cold Vapor Technique, (Mercury Analyzer,

AAS) TOTAL SUSPENDED SOLIDS Gravimetric Method

__________ Note: Other methods found in the Philippine Standard Methods for Air and Water Analysis, the " Standard Methods for the Examination of Water and Waste Waters", published jointly by American Public Health Association (APHA), the American Waterworks Association and the Water Pollution Control Federation of the US or in accordance with such other method of analyses as the DENR may prescribe.

TABLE 6. SIGNIFICANT PARAMETERS FOR SELECTED TYPES OF

INDUSTRIES

TYPE OF INDUSTRY SIGNIFICANT WASTEWATER PARAMETERS A. BEVERAGE INDUSTRY BOD5, pH, Suspended Solids, Settleable Solids, Oil and

Grease B. CEMENT, CONCRETE, LIME, AND GYPSUM

pH, Suspended Solids, Dissolved Solids, Temperature

C. DAIRY PRODUCT PROCESSING BOD5 , COD, pH, Suspended Solids, Dissolved Solids, Settleable Solids

D. FERROALLOY MFG. (electric furnace with wet air pollution control)

Suspended Solids, Chromium (hexavalent), Oil and Grease, Phenols, Phosphates

E. FERTILIZER INDUSTRY Nitrogen Fertilizer Industry Phosphate Fertilizer Industry

Chloride, Chromium, Dissolved Solids, Nitrate Suspended Solids pH, Phosphorous, Suspended Solids, Temperature, Cadmium, Arsenic

F. GRAIN MILLING INDUSTRY BOD5 , Suspended Solids, Temperature G. INORGANIC CHEMICALS, ALKALIES AND CHLORINE INDUSTRY

pH, Total Suspended Solids, Total Dissolved Solids, Chlorides, Sulfates, COD, Temperature

H. LEATHER TANNING AND FINISHING INDUSTRY

BOD5, COD, Chromium, Oil and Grease, pH, Suspended Solids, Color, Dissolved Solids

I. LIVESTOCK INDUSTRY BOD5, COD, Total Suspended Solids, pH, Color, Total Coliforms

J. MEAT, FISH, AND FRUIT CANNING

BOD5, COD, Suspended Solids, Settleable Solids, Oil and Grease, Dissolved Solids

K. MEAT PRODUCTS INDUSTRY BOD5, pH, Suspended Solids, Settleable Solids, Oil and Grease, Total Coliforms, Toxic Materials

L. METAL FINISHING INDUSTRY Oil and Grease, Heavy Metals (Cr, Cd, etc.), Suspended Solids, Cyanide

M. MINERAL ORE PROCESSING (Mining Industry)

Suspended Solids, Heavy Metals (Hg, CN, Cd, etc.), Arsenic

N. ORGANIC CHEMICALS INDUSTRY

BOD5, COD, pH, Total Suspended Solids, Total Dissolved Solids, Oil (Free-Floating)

O. PETROLEUM REFINING INDUSTRY

BOD5, Heavy Metals, COD, Oil (Total), pH, Phenols, Suspended Solids, Temperature, Total Dissolved Solids

P. PLASTIC MATERIALS AND SYNTHETIC INDUSTRY

BOD5, COD, pH, Total Suspended Solids, Oil and Grease, Phenols

Q. PULP AND PAPER INDUSTRY BOD5, COD, pH, Total Suspended Solids, E. Coli, Color, Heavy Metals, Dissolved Solids, Oil and Grease, Phenols

R. STEEL INDUSTRY Oil and Grease, pH, Cyanide, Phenol, Suspended Solids, Temperature, Chromium

S. SUGAR CANE PROCESSING INDUSTRY

BOD5, pH, Suspended Solids, Oil and Grease

T. TEXTILE MILL INDUSTRY BOD5, COD, pH, Suspended Solids, Chromium, Phenols, Color, Oil and Grease

U. THERMAL POWER GENERATION BOD5, Color, Chromium, Oil and Grease, pH, Phosphate, Suspended Solids, Temperature

-------------

015 WATER SUPPLY PROVISIONS (LOCAL GOVERNMENT CODE OF 1991) EXCERPTS FROM THE LOCAL GOVERNMENT CODE (R.A. 7160) - AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991, (Approved by President Corazon Aquino, October 10, 1991)

BOOK I

GENERAL PROVISIONS

Title One

BASIC PRINCIPLES

CHAPTER 2. General Powers and Attributes of Local Government Units …. SEC. 17. Basic Services and Facilities. -

(a) Local government units shall endeavor to be self-reliant and shall continue exercising the powers and discharging the duties and functions currently vested upon them. They shall also discharge the functions and responsibilities of national agencies and offices devolved to them pursuant to this Code. Local government units shall likewise exercise such other powers and discharge other functions and responsibilities as are necessary , appropriate or incidental to efficient and effective provision of the basic services and facilities enumerated herein.

(b) Such basic services and facilities include, but are not limited to, the following:

(1) For a Barangay:

…. (v) Maintenance of … water supply systems; …

(2) For a Municipality:

… (viii). Infrastructure facilities intended primarily to service the needs of the

residents of the municipality and which are funded out of municipal funds , including, but not limited to, …communal irrigation, small water impounding projects and other similar projects ;…. artesian wells, spring development, rainwater collectors, and water supply systems; …

(3) For a Province:

… (vii). Infrastructure facilities intended to service the needs of the residents of the

province and which are funded out of provincial funds including, but not limited to, …inter-municipal waterworks, … and irrigation systems….

… (4) For a City:

All the services and facilities of the municipality and province, …..

016 WATER SUPPLY PROVISIONS (LOCAL GOVERNMENT CODE IRR)

EXCERPTS FROM THE RULES AND REGULATIONS IMPLEMENTING THE LOCAL GOVERNMENT CODE OF 1991, Approved by President Corazon Aquino, February 6, 1992)

RULE V

BASIC SERVICES AND FACILITIES Art. 25. Responsibility for Delivery of Basic Services and Facilities. - The LGUs shall, in addition to their existing functions and responsibilities, provide basic services and facilities devolved to them covering, but not limited to, the following: Barangay

…. (e) Maintenance of … water supply systems; …

Municipality …

… (g). Construction and maintenance of infrastructure facilities funded by the municipality

to serve the needs of the residents including, but not limited to: … (4) Communal irrigation, small water impounding projects and other similar

projects ; … (6) Artesian wells, spring development, rainwater collectors, and water supply

systems; …

Province … (g). Construction and maintenance of infrastructure facilities funded by the province to

serve the needs of the residents including, but not limited to: … (2) Inter-municipal waterworks, … and irrigation systems; …

City

All services and facilities provided by the municipality and the province... …

017 BOTTLED DRINKING WATER GUIDELINES OF 1993 23 July 1993 DOH Administrative Order No. 18-A, series of 1993 SUBJECT: Standards of Quality and Requirements for the Processing, Packaging and

Labeling of Bottled Drinking Water

SECTION I. AUTHORITY

This Order is issued pursuant to Articles 7, 17, 21 and 22 of R.A. 7394 known as the Consumer Act of the Philippines.

SECTION II. OBJECTIVES The Department of Health issues these rules and regulations to protect the consumers against hazards to health and safety and to promote fair trade practice.

SECTION III. DEFINITION OF TERMS For the purpose of these standards and requirements for bottled drinking water, the following definitions shall apply: 1. Approved source - means the source of the water, either spring, drilled well, public or community water system or any other source that has been inspected and the water sampled, analyzed and found safe and sanitary, with or without treatment. 2. Bottled water - means water that is placed in a sealed container or package and is offered for sale for human consumption as drinking water. 3. Drinking water - means water obtained from an approved source that has undergone minimum treatment consisting of filtration (activated carbon or particulate and ozonation or equivalent disinfection process. 4. Natural water - means water derived from an underground formation and not from a municipal system or public water supply, unmodified by blending with water from another source or by addition of dissolved solids except as it relates to ozonation or equivalent disinfection and filtration. 5. Artesian water - means water from a well tapping a confined aquifer where the water level stands above the water table. 6. Well water - means water from a hole bored, drilled, or otherwise constructed in the ground which taps the water of an aquifer. 7. Spring water - means a natural water derived from an underground formation from which water flows naturally to the surface of the earth as determined by a BFAD recognized authority. 8. Mineral water - means water characterized by its content of certain mineral salts and their relative proportions, provided that when minerals are added unto it, such water shall be referred to as "Mineralized Water"

9. Purified water - means water produced by distillation, deionization, reverse osmosis, or other suitable process complying with the requirements for purified water provided in the latest edition of the United States Pharmacopeia (USP). If distillation is the applied purification process, the product may be called "Distilled Water". 10. Carbonated water or Sparkling water - means water that has been made effervescent by the addition of carbon dioxide , provided that when the content of gas, after treatment, is the same with the source during the emergence of water taking into account the usual technical tolerance, the water may be called " naturally carbonated water". 11. Fluoridated water - means water that contains not less than 0.8 mg/L of fluoride either naturally occurring or as an added substance.

SECTION IV. LICENSING OF BOTTLED WATER PROCESSORS AND

IMPORTERS/DISTRIBUTORS 1. No person or establishment shall process bottled water for introduction to commerce or for commercial distribution unless he is a holder of a valid license to operate (LTO) a processing plant for bottled water from the Bureau of Food and Drugs. 2. A license to operate a processing plant for bottled water may be issued after the applicants capability to comply with good manufacturing practice (GMP) prescribed under Section V is verified by inspections and the documentary as well as technical requirements listed in Annex "A" are evaluated.

The said lists may be amended or revised by BFAD to conform with the regulations whenever necessary. 3. No importer/distributor shall engage in the commercial importation of bottled water unless he is a holder of valid license to operate from BFAD. 4. A license to operate shall be issued to importer/distributor after he complies with the documentary requirements listed in Annex "A". 5. The license fees shall be P 3,000 for opening LTO and P 5,000 for renewal LTO. The opening LTO shall be valid for a period of two (2) years and renewal LTO, for a period of three (3) years. 6. No licensed bottled water processors and importers/distributors shall undergo changes of ownership or operator unless the licensed owner or operator applies for an amendment of its LTO submitting therewith a true copy of the legal instrument or deed evidencing the transfer or change.

An amended LTO may be issued after the capability of the processing plant to comply with GMP prescribed under Section V hereof is verified by inspection and the authenticity and genuineness of transfer documents are determined.

SECTION V. GMP FOR PROCESSING BOTTLED DRINKING WATER 1. Approval of the Source

All bottled drinking water shall be derived from an approved source. Approval of the source, other than a public water supply, shall be based on a field inspection and a review of information prepared by a professionally qualified engineer/geologist who shall demonstrate the integrity of the said source and safety of the catchment operations. The recognized agencies who will approve the source are listed under the licensing requirements for bottled water processor. 2. Protection of the Source All possible precautions should be taken within a 60 meter radius perimeter of the source to avoid pollution of or undesirable effects on the chemical and physical qualities of the water. particular consideration should be given to the following potential pollutants: bacteria, viruses, parasites, fertilizers, pesticides, hydrocarbons, detergents, phenolic compounds, heavy metals, radioactive substances, and other soluble organic and inorganic substances. 3. Buildings and Facilities

3.1 Location

Bottled water processing plants shall be located in areas which are free from objectionable odors, smoke dust, or other contaminants and possible flood or inundation.

3.2 Plant Construction and Design

3.2.1 Buildings and facilities should be designed with partitions or other effective means separating those operations which may cause cross-contamination. Adequate working space shall be provided to allow satisfactory production and facilitate proper supervision of all operations.

3.2.2 The bottling room shall be separated from other plant operations or storage areas by tight walls, ceilings and self-closing doors to protect against contamination.

3.2.3 The physical conditions in water handling and processing areas shall be as follows:

- Floors, where appropriate, should be of water-proof, non-absorbent, washable, non-slip and non-toxic materials, without crevices, and should be easy to clean and disinfect. Where appropriate, floors should slope sufficiently for liquids to drain to trapped outlets.

- Walls, where appropriate, should be of water-proof, non-absorbent, washable and non-toxic materials and should be light coloured, easy to clean and disinfect. Where appropriate, angles between walls, between walls and floors, between walls and ceilings should be sealed and covered to facilitate cleaning.

- Ceilings, should be so designed, constructed and finished as to prevent the accumulation of dirt and minimize condensation, mold development and flaking, and should be easy to clean.

- Windows and other openings should be so constructed as to avoid accumulation of dirt and those which are open should be fitted with screens. Screens should be easily movable for cleaning and kept in good repair. Internal window sills, if present, should be sloped to prevent use as shelves.

- Doors should have smooth, non-absorbent surfaces and, where appropriate, be self-closing and close fitting.

- Piping water lines should be independent of potable and non-potable waters.

3.2.4 If processing operations are to be conducted in a place other than a sealed system under pressure, adequate protection should be provided to preclude contamination of the water and the system.

3.2.5 Adequate ventilation shall be provided to minimize condensation in processing rooms, bottling rooms, and in container washing and sanitizing areas.

3.2.6 Adequate natural or artificial lighting should be provided throughout the establishment. Where appropriate, the lighting should not alter colors. Light bulbs and fixtures suspended over water in any stage of production should be of a safety type and protected to prevent contamination of water in case of breakage.

3.2.7 The washing and sanitizing of containers for bottled drinking water shall be performed in an enclosed room. The washing and sanitizing operation shall be done in the room adjacent to the bottling room, and the final rinsing shall be positioned within the bottling room so as to minimize any possible post sanitizing contamination of the containers.

3.2.8 Room in which product water is handled, processed or held or in which containers, utensils, or equipment are washed or held shall not open directly into any room used for domestic household purposes.

4. Sanitary Facilities

Each plant shall provide adequate sanitary facilities including, but not limited to the following:

4.1 Water Supply

4.1.1 Product water. The product water supply for each plant shall be from an approved source and shall be in conformance with the standards herein prescribed.

4.1.2 Operations water. If operation of water is different from the product water supply, the operations water supply shall be obtained from an approved source properly located, protected and operated and shall be easily accessible, adequate, and of safe, sanitary quality which shall be in conformance at all times with the applicable laws and regulations of the government agency or agencies having jurisdiction over the same.

4.2 Effluent and Waste Disposal

The water bottling plant shall have an efficient effluent and waste disposal system

which should at all times be maintained in good order. All effluent lines (including sewer system) should be large enough to carry peak loads and should be so constructed as to avoid contamination of potable water supplies.

4.3 Changing Facilities

Changing facilities shall be provided and shall be separate from plant operations

and storage areas. The room shall be maintained in a clean and sanitary condition and refuse containers shall be provided.

4.4 Toilets

Adequate number of toilets shall be provided and conveniently located, designed

to ensure hygienic removal of waste matter. These shall be well lit, ventilated and shall not open directly to water handling areas. Handwashing facilities, suitable hand-cleaning preparation and suitable hygienic means of drying hands shall be provided adjacent to the toilets.

4.5 Handwashing Facilities

Adequate and conveniently located facilities for handwashing and drying shall be

provided wherever the process demands. Where appropriate, facilities for hand disinfection should also be provided. There shall be hygienic means of drying hands. Where paper towels are used, a sufficient number of dispensers and receptacles should be provided adjacent to each washing facility.

Taps of non-hand operable type are desirable. The facilities should be furnished

with properly trapped waste pipes leading to drains.

4.6 Disinfection Facilities

Where appropriate, adequate facilities for cleaning and disinfection of working implements and equipment shall be provided. These facilities should be constructed of corrosion resistant materials, capable of being easily cleaned, and should be fitted with suitable means of supplying water in sufficient quantities.

4.7 Waste Disposal

Waste materials should be handled in such a manner as to avoid contamination of

water. Care should be taken to prevent access to waste by pests. Waste shall be removed from the water handling and other working areas as often as necessary and at least daily. Immediately after disposal of the waste, receptacles used for storage and any equipment which has come into contact with the waste shall be cleaned and disinfected. The waste storage area shall also be cleaned and disinfected.

5. Sanitary Operations

5.1 The product water-contact surfaces of multi-service containers, utensils, pipe and equipment used in the transportation, processing, handling, and storage of product water shall be clean and adequately sanitized. All product water-contact surfaces shall be inspected by plant personnel as often as necessary to maintain the sanitary condition of such surfaces and to assure they are kept free of scale, evidence of oxidation, and other residue. The presence of any unsanitary condition, scale, residue, or oxidation shall be immediately remedied by adequate cleaning and sanitizing of that product water-contact surface prior to use.

5.2 A permanent cleaning and disinfection schedule should be drawn up for each

establishment to ensure that all areas are properly cleaned and that critical areas,

equipment and materials are designated for especial attention. A single individual , who should probably be a permanent member of the staff of the establishment and whose duties should be independent of production, should be appointed to be responsible for the cleanliness of the establishment. He should have a thorough understanding of the significance of contamination and the hazards involved. All cleaning personnel shall be well-trained in cleaning techniques.

5.3 After cleaning, all multi-service containers, utensils and disassembled piping and

equipment shall be transported and stored in such a manner as to assure drainage and shall be protected from contamination.

5.4 Filling, capping, closing, sealing, and packaging containers shall be done in a sanitary

manner so as to preclude contamination of the bottled drinking water.

5.5 Pest Control

5.5.1 There should be an effective and continuous program for the control of pests. Establishment and surrounding areas shall be regularly examined for evidence of infestation.

5.5.2 Pesticides should only be used if other precautionary measures cannot be used effectively. Before pesticides are applied, care should be taken to safeguard water, equipment and utensils from contamination. After application, contaminated equipment and utensils shall be thoroughly cleaned to remove residues prior to their use again.

6. Equipment and Procedures

6.1 Suitability

6.1.1 All plant equipment and utensils shall be suitable for their intended use. These include all collection and storage tanks, pipings, and fittings, connections, bottle washers, fillers, cappers and other equipment which may be used to store, handle, process, package, or transport product water.

6.1.2 All product water-contact surfaces shall be constructed of non-toxic and non-absorbent material which can be adequately cleaned and sanitized.

6.1.3 Storage tanks shall be of the type that can be closed to exclude all foreign matters and shall be adequately washed.

6.1.4 All equipment and utensils in water handling areas and which may have contact with the water shall be made of material which will not transmit toxic substances, odor or taste, will be non-absorbent, will be resistant to corrosion and will be capable of withstanding repeated cleaning and disinfection. Surface shall be smooth and free from pits and crevices. The use of wood and other materials which cannot be adequately cleaned and disinfected should be avoided except when their use would clearly not be a source of contamination. The use of different materials in such a way that contact corrosion can occur should be avoided.

7. Processes and Controls

7.1 Treatment of Product Water

All treatment of product water by distillation, ion exchanging, filtration, ultraviolet treatment, reverse osmosis, carbonation, mineral addition, or any other process shall done in a manner so as to be effective in accomplishing its intended purpose. All such processes shall be performed in and by equipment and with substances which will not adulterate the bottled product. An appropriate monitoring program for the effectiveness of water treatment system shall be established. A record of the type and date of physical inspections of the equipment, conditions found, and the performance and effectiveness of such equipment shall be maintained by the plant.

7.2 Containers

7.2.1 Single-service containers and caps or seals shall be stored and kept in a clean, dry place until used. Prior to use they shall be examined and washed, sanitized and rinsed or sterilized by dry methods approved by BFAD and shall be handled in a sanitary manner.

7.2.2 Multi-service primary containers shall be adequately cleaned, sanitized, and inspected just prior to being filled, capped, and sealed. Containers found to be unsanitary or defective by the inspector shall be reprocessed or discarded. All multi-service primary containers shall be washed, rinsed and sanitized by mechanical washers or by any other method giving adequate sanitary results. Mechanical washers shall be inspected as often as necessary to assure adequate performance. Records of physical maintenance, inspections and conditions found, and performance of the mechanical washer shall be maintained by the plant.

7.2.3 Multi-service shipping cases shall be maintained in such condition as to assure they will not contaminate the primary containers of product water. Adequate dry or cleaning procedures shall be performed as often as necessary to maintain the cases in satisfactory condition.

7. 3 Cleaning and Sanitizing Solutions

Disinfection or sanitizing solutions shall be suitable for the purpose intended and

accepted as prescribed in 21CFR 178.1010 Sanitizing Solution. Cleaning and Sanitizing Solutions shall be sampled and tested by the plant as often as necessary to assure adequate performance in the cleaning and sanitizing operations. records of these tests shall be maintained by the plant. Any residue of these sanitizing agents on surfaces which come in contact with the product shall be removed by thorough cleansing.

7.4 Sanitizing Operations

7.4.1 Sanitizing operations, including those performed by chemical means or by any other means such as circulation of live steam or hot water, shall be adequate to effect sanitization of the intended water-contact surfaces and any other critical area. The plant shall maintain a record of the intensity of the sanitizing agent and the time duration that the agent was in contact with the surface being sanitized. The following frequencies and intensities shall be considered the minimum:

(a) Steam in enclosed system: At least 77 degrees C for at least 15 minutes or at least 93 degrees C for at least 5 minutes.

(b) Hot water in enclosed system: At least 77 degrees C for at least 15 minutes or at least 93 degrees C for at least 5 minutes.

( c) 0.1 part per million (ppm) ozone water solution in an enclosed system for at least 5 minutes.

(d) Chemical sanitizers shall be equivalent in bactericidal action to a 2 - minute exposure of 50 ppm of available chlorine when used as an immersion or circulating solution. Chemical sanitizers applied as spray or fog shall have a minimum of 100 ppm of available chlorine or its equivalent in bactericidal action.

7.4.2 The effectiveness of cleaning and sanitizing procedures should be verified by microbiological monitoring of product contact surfaces.

7.5 Unit package production code

Each unit package from a batch or segment of a continuous production run of

bottled drinking water shall be identified by a production code. The production code shall identify a particular batch or segment of a continuous production run and the day produced. The plant shall record and maintain information as to the kind of product, volume produced, date produced, lot code used, and the distribution of the finished product to wholesale and retail outlets.

7.6 Filling, Capping, or Sealing

During the process of filling, capping or sealing either single-service or multi-

service containers, the performance of the filler, capper or sealer shall be monitored and the filled containers visually or electronically inspected to assure they are sound, properly capped or sealed, coded and labeled. Containers which are not satisfactory shall be reprocessed or rejected. Only non-toxic containers and closures shall be inspected to ascertain that they are free from contamination. At least once every month, a bacteriological swab and/or rinse count should be made from at least 4 containers and closures selected just prior to filling and sealing. No more than 1 of the 4 samples may exceed more than 1 bacteria per milliliter of capacity or 1 colony per square centimeter of surface area. All samples shall be free from coliform organisms. The procedure and apparatus for these bacteriological tests shall be in conformance with those recognized by the government agency or agencies having jurisdiction.

8. Product Quality Monitoring

8.1 Source Monitoring

8.1.1 The plant operator shall monitor the quality of source water for the contaminants specified in Section VII hereof. Monitoring shall be scheduled at least annually for toxic substances and at least weekly for microbiological contaminants except that microbiological analysis shall be done at start-up of bottling operations if the plant has been shut down for a period of one week or longer.

8.1.2 Monitoring for radioactive contaminants shall be done on a frequency of at least once every four years.

8.2 Finished Product Monitoring

To assure that the bottled water produced by a processing plant complies with quality standards prescribed in Section VII hereof, the following shall be performed by the plant operator:

8.2.1 Microbiological quality monitoring

(a) A representative sample from every production batch for each type of

bottled water produced by the plant shall be analyzed for coliforms.

(b) The heterotrophic plate count (HPC) should be monitored by intensive sampling to establish baseline data on the first year of operation of the plant until low counts are achieved. consistently. Sampling frequency may be reduced after the first year of operation provided that if there would be significant increase in HPC, intensive sampling shall be undertaken.

------------------------------------------------------------------------------------------------------------------- Minimum Sampling Schedule for HPC

Intensive Sampling 1 sample/product/day

Reduced Sampling (Average bottles/day

HPC samples/month*

< 2000 4 2001-3000 6 3001-4000 8 4001-9500 10 9501-15000 12 15001-25000 14 25001-35000 16 35001-50000 18

> 5000 20

* Minimum of 1 sample per week. Sampling day each week should be varied to eliminate sampling bias.

8.2.2 Physico - chemical quality monitoring

For physico-chemical properties and chemical contaminants, a representative

sample from a production batch for each type of bottled water shall be analyzed annually. Radioactive contaminants need not be monitored for the finished product if the source is monitored for such contaminants at least once every four years. Physico-chemical tests may be done in recognized government or private laboratories. For this purpose, the following are the recognized laboratories, as of date and until this particular provision is superseded/amended by a BFAD circular, to wit:

(1) Bureau of Research and Laboratories

(2) Food Development Center (FDC)

(3) Industrial Technology Development Institute (IDTI)

(4) Natural Science Research Institute - UP Diliman

(5) Philippine Institute of Pure and Applied Chemistry (PIPAC)

(6) Society Generale De Surveillance (SGS)

8.2.3 The required monitoring and analysis of samples shall be performed by qualified personnel using approved methods. Due to the frequency of microbiological tests necessary, the bottled water processing plant shall set up its own microbiological laboratory. The list of laboratory equipment and supplies for microbiological examination of water is provided in Annex "B" of this Order.

8.2.4 Records of required sampling and analysis shall be maintained at the plant for a period of not less than two (2) years and shall be available for review by officers duly designated by the BFAD Director.

9. Processing and Production Records

Permanent, legible and dated records of pertinent processing and production details should be kept concerning each lot. These records should be retained for a period of two years. Records of the initial distribution by lot should be kept. Plants shall also retain, on file at the plant, current certificates or notifications of approval issued by the government agency or agencies approving the plant's source and supply of product water and operations water. All required documents shall be available for review at reasonable times by BFAD inspectors. 10. Storage and Transport of End-Product

The end-product should be stored and transported under such conditions that will preclude contamination with and/or proliferation of microorganisms and protect against deterioration of the product or damage to the container. During storage, periodic inspection of the end product should take place to ensure that only product water which is fit for human consumption is dispatched. 11. Product Recall

The plant operator shall establish a system for product recall in any eventuality when the product presents an eminent hazard to public health or when it does not comply or meet the prescribed quality standards. The water bottler shall be responsible for public notification, if deemed necessary. 12. Personnel

12.1 Qualification of key personnel in the production and quality control

A bottled water plant shall be operated under the supervision of a competent person qualified by education and experience or training and maintain the plant's facilities.

As regards to educational background, an engineer, chemist, microbiologist, food

technologist or a graduate of any related science course is considered appropriate.

12. 2 Disease Control. Any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination by which there is reasonable possibility of product water, product-contact surfaces or product-packaging materials becoming contaminated, shall be excluded from any operations which may be expected to result in such contamination until the medical condition is corrected. All personnel shall be subjected to one physical examination each year.

12.3 Cleanliness. All persons working in direct contact with bottled water, bottled water contact surfaces, and product water packaging materials shall conform to hygienic practices while on duty to the extent necessary to protect against contamination of product water. The methods for maintaining cleanliness include, but are not limited to:

(a) Wearing outer garments suitable to the operation in a manner that protects

against the contamination of bottled water, product contact surfaces, or product packaging materials.

(b) Maintaining adequate personal cleanliness.

(c) Washing hands thoroughly (and sanitizing if necessary to protect against

contamination with undesirable microorganisms) in an adequate handwashing facility before starting work, after each absence from the work stations, and at any other time when the hands may have become soiled or contaminated.

(d) Removing all insecure jewelry and other objects that might fall into product

water, equipment or containers, and removing hand jewelry that cannot be adequately sanitized during periods when the process is manipulated by hand. If such hand jewelry cannot be removed, it may be covered by materials which can be maintained in an intact, clean and sanitary condition and which effectively protects against contamination by these objects the product water, product contact surfaces or product packaging materials.

(e) Maintaining gloves in an intact, clean and sanitary condition. The gloves

should be of an impermeable material.

(f) Wearing, where appropriate, in an effective manner, hairnets, headbands, caps, beard covers or other effective hair restraints.

(g) Storing street clothing or other personal belonging in areas other than where product water is exposed or where equipment or utensils are washed.

(h) Confining the following to areas other than where product water may be

exposed or where equipment or utensils are washed. : eating food, chewing gum, drinking beverages or using tobacco.

(i) Taking any other necessary precautions to protect against contamination of

product with microorganisms or foreign substances including, but not limited to, perspiration, hair, cosmetics, tobacco, chemicals and medicines applied to the skin.

12.4 Education and Training. Product handlers and supervisors should receive appropriate training in proper operational techniques and bottled water protection principles and should be informed of the danger of poor personal hygiene and unsanitary practices.

12.5 Supervision. A supervisor shall be assigned at all times to assure compliance with all requirements for GMP.

SECTION VI. REGISTRATION OF THE BOTTLED WATER PRODUCT 1. No bottled water product shall be distributed and sold without a certificate of registration (CPR) from BFAD. 2. A certificate of product registration for bottled water shall be issued after its compliance with the standards herein prescribed and requirements listed in Annex "C" hereof as verified by product evaluation.

Product evaluation includes determination of the authenticity and genuineness of technical documents submitted, product's compliance with the standards and validation of product's declaration by laboratory analysis. 3. Registration fees shall be P 300.00 for initial registration which shall be valid for two (2) years; and P 500.00 for renewal registration which shall be valid for five (5) years. These registration fees shall be in addition to costs of laboratory analysis. 4. No registered bottled water product shall undergo changes in specifications, packaging and labeling without BFAD's prior approval.

In cases where the changes require amendment of the certificate of registration, the holder shall apply for an amendment of the said CPR submitting therewith the supporting documents and the original CPR.

The supporting documents shall be the legal instruments/deeds evidencing the legality of the changes or statements/declaration under oath of the change of specifications with sufficient samples for validation by laboratory analysis, as the case may be.

SECTION VII. PRODUCT SPECIFICATIONS

All types of bottled drinking water shall conform with the quality standards prescribed

below.

1. Physico-chemical Properties

Guide Level Maximum Acceptable Level (MAL)

Turbidity Purified/Distilled

5 NTU 1 NTU

Color 15 TCU Odor Not objectionable Taste Not objectionable Ph

Purified/Distilled 6.5-8.5 9.0 5-7

TDS Mineral Spring Purified Distilled

500 except mineral water > 200 1000 > 100 < 10 < 10

Conductivity Distilled Mineral

< 5 uS/cm

> 200 uS/cm Calcium 100 Magnesium 30 50 Sodium 20 175 Potassium 10 12 Chloride 25 200 Sulfate 25 250

Values in mg/L (ppm) except when otherwise stated.

2. Contaminants undesirable in excessive amounts for aesthetic/organoleptic considerations and potential health significance.

Guide Level Maximum Acceptable Level (MAL)

Nitrates 25 45 Nitrites not detected 0.1 Iron 0.3 1.0 Manganese 0.05 0.1 Copper 0.1 1 Zinc 0.5 5 Aluminum 0.05 0.2 Fluoride > 0.8 (fluoridated water) 2 Organic matter (mg O2/L)

2 5

Surfactants (as lauryl sulfate) not detected 2 Values in mg/L (ppm) except when otherwise indicated

3. Toxic Contaminants

Maximum Acceptable Level (MAL) Arsenic 0.05 Cadmium 0.01 Cyanide 0.01 Chromium 0.05 Lead 0.05 Mercury 0.001 Selenium 0.01 Phenolic substance 0.001 Volatile organic compounds Carbon tetrachloride Benzene Trihalomethane

0.005 0.005 0.01

Pesticides and related substances Carbamates, organochlorines, organophosphates Herbicides, fungicides, PCB

0.1 ppb

0.5 ppb

Radionuclides gross alpha activity gross beta activity

0.1 Bq/L 1.0 Bq/L

Values in mg/L (ppm) except when otherwise indicated 4. Guide Level values represent maximum levels attainable in good quality water sources and/or indication of product's adherence to GMP except when they are indicated as the minimum required values, like the values of TDS, conductivity, and fluoride. 5. MAL values are prescribed standards, beyond which the bottled water will be considered unacceptable due to its impaired organoleptic characteristics or probable hazards to health. 6. Microbiological Specifications

6.1 The microbiological specifications of water at the source and at critical control points, shall conform with the following parameters:

a) Coliforms - from a set of samples analyzed at a given time, not more than one sample may contain coliform at the most probable number (MPN) of > 2.2 per 100 ml and no sample shall contain MPN of 9.2 per 100 ml.

b) Heterotrophic Plate Count - the water may contain heterotrophic bacteria not greater than the limits established by the bottler from a baseline data accumulated under the conditions prescribed in GMP, provided that water sampled at various points before bottling shall not have an HPC of more than 300 colony forming units (cfu) per mL.

Water samples should be analyzed within 12 hours and maintained at a

temperature not higher than 10 °C.

6.2 End Product Specifications

Bottled water shall not contain parasites and pathogenic organisms.

It shall conform with the microbiological specifications below. These

specifications shall also apply to products obtained from distribution outlets.

n c m M Coliforms 5 1 0 1* MPN/100ml Fecal streptococci 5 1 0 1** cfu/100ml Pseudomonas aeruginosa

5

0

0

HPC Purified/Distilled

5 1 104 106 cfu/100ml 5 1 103 105 cfu/ml

* Shall not be E. coli

** More samples should be analyzed; considered defective lot if another set of 5 samples yield at least one positive sample

n = number of samples tested m = guide level M = maximum acceptable level c = maximum number of samples > m but not more than M

SECTION VIII. PACKAGING

1. All bottled water shall be packed in containers made of food grade materials. They shall be free from adhesives or other substances that may interact physically or chemically with the product. 2. Closures shall be so designed as to make it tamper proof to protect the product from contamination during handling, storage, and distribution. 3. Bottles and caps shall be manufactured from virgin materials (i.e., materials which have not been recycled). 4. Pigments and colorants used in the manufacture of bottles and caps shall conform with those prescribed in PNS 1104, Plastic Materials for Food Contact Use: Colorants - Specifications. 5. Glass bottles shall conform with standard test limits for borosilicate and soda-lime glass prescribed in the latest edition of the United States Pharmacopeia . 6. Plastic bottles and caps shall conform with the tests for heavy metals and migratory/leachable substances prescribed by BFAD. 7. Bottles and caps made of polyvinyl chloride (PVC) shall be manufactured using PVC resin which contain not more than 0.1 mg/kg (ppm) of vinyl chloride monomer (VCM). 8. Users of PVC bottles shall be required to present test results from accredited laboratories indicating that the resin used in their bottles conform with the above prescribed VCM limit.

SECTION IX. LABELING REQUIREMENTS

All bottled water intended for commercial distribution shall conform with the labeling rules and regulations for prepackaged food and the following requirements:

1. In all cases, the name and address of the manufacturer shall be indicated on the label. 2. The type of water, either "spring water", "mineral water", "purified water", "distilled water", "carbonated water", or just plain "drinking water", shall be prominently printed on the principal display panel of the label and shall be in accordance with the definitions in Section III. 3. Brand names should not be misleading or in any way misrepresent the true nature of the product and shall conform with BFAD existing regulations governing brand names. The same should be cleared with BFAD before the product can be granted BFAD registration. 4. Bottled water represented as "mineral water" or "spring water" shall declare the following information on their labels:

a) the geographical location of the underground source from which the water is obtained;

b) the total dissolved solids in mg/L or ppm; and

c) the typical composition in terms of the levels of the following in mg/L or ppm:

Bicarbonates Calcium Magnesium Chloride Sulfate Sodium* Potassium* Fluoride**

* Optional ** Optional, except for fluoridated water

5. Claims relating to the absence of certain constituents or contaminants (e.g., "sodium-free", "bacteria-free", etc.) shall be prohibited unless supported by consistent laboratory test results obtained from or issued by a recognized testing institutions. 6. The ultraviolet scanning treatment shall not be referred to as a sterilization process unless the treatment actually results in a sterilized finished product as shown by appropriate sterility test. 7. Statements to the effect that the product is approved or certified by any institutions/organization shall be prohibited unless the bottled water producer/distributor presents a written authorization from the concerned institution/organization. 8. Reports of analysis issued by any government or private laboratory shall not be accepted as an authorization to declare the name of the laboratory/agency on the label unless expressly stated in said report. 9. All other label claims and declarations shall be truthful and not misleading. 10. Bottled water with labels or label claim(s) not consistent with these rules shall be deemed misbranded.

SECTION X . ADMINISTRATIVE SANCTIONS

1. The Director of BFAD shall order the processor to recall and withdraw a bottled water product or a particular batch of such product from the market upon a finding that the same fails to comply with (a) the Maximum Allowable Level (MAL) for any specified parameter herein established; or (b) when the products are found adulterated or mislabeled in accordance with RA 7394 and its implementing rules and regulations. 2. In addition to the order of recall, the Director may require the processor to notify the public of the fact of recall and the defect of the product being withdrawn. Provided that in cases of failure in complying with MAL of any of the specified parameters, the Director shall not issue an order of recall when all the following circumstances are present:

a) corrective measures have been instituted and verified, and the

b) products already in the market will not cause illness or do not present significant health risk.

3. The Director of BFAD shall suspend the license to operate a processing plant in cases of deficiencies in GMP that will likely result to adulterated or mislabeled bottled water product. The suspension of the processing operation shall be for a period of 90 days unless corrective measures are undertaken before the 90-day period. The order of suspension shall be lifted upon a report of inspection verifying the corrective measures instituted by the processor to comply with GMP. 4. The foregoing sanctions are without prejudice to other administrative sanctions and criminal actions provided for by existing laws, rules and regulations.

SECTION XI. TRANSITORY PROVISIONS

1. Except for adulterated and mislabeled bottled water products that may be hazardous to health and safety, bottled water of licensed processors shall have six (6) months from the effectivity of this Order to comply with the product's standards, specifications and labeling herein prescribed. 2. All licensed processors of bottled waters shall have six (6) months from the date of effectivity of this Order to comply with the standards and specifications for GMP. 3. Applicants for license to operate after the date of effectivity shall have to comply with the licensing and GMP standards prescribed by this Order.

SECTION XII. SEPARABILITY CLAUSE

If any reason any section or provision of this order is declared invalid, illegal or unconstitutional, the remainder of this Order shall not be affected by such decision.

SECTION XIII. EFFECTIVITY

This Order shall take effect fifteen (15) days following the date of its publication in a newspaper of general circulation.

(SGD) JUAN M. FLAVIER, M.D., M.P.H. Secretary of Health

ANNEX A

REQUIREMENTS FOR LICENSING OF BOTTLED WATER PROCESSORS AND IMPORTERS/DISTRIBUTORS

I. DOCUMENTARY REQUIREMENTS

A. GENERAL REQUIREMENTS

1. Accomplished Petition Form duly notarized. 2. ID picture of Owner/Gen. Manager 3. If Corporation, a copy of Registration with SEC and Articles of Inc. 4. If Single Proprietorship, a copy of Registration with BDT 5. Location Plan 6. Contract of Lease of building and warehouse (if not owned by the applicant) 7. List of products to be processed/imported/distributed indicating brandname/s.

B. SPECIFIC REQUIREMENTS

1. FOR PROCESSOR Floor plan of working area with complete dimension in meters.

2. FOR IMPORTER/DISTRIBUTOR

2.1 Foreign Agency Agreement duly authenticated by the Territorial

Philippine Consulate.

2.2 Certification from the appropriate Health Authority that the company is registered or duly approved manufacturer of bottled water, and the bottled water conforms with the standards and regulations in the country of origin.

II. TECHNICAL REQUIREMENTS 1. Organizational chart (if a corporation) indicating qualification of key personnel in the

production and quality control. 2. List of production equipment with specification. 3. Flow chart of manufacturing process with emphasis on identification of critical control points. 4. Description of salient points in the manufacturing procedures. 5. Quality control procedures and facilities. 6. Certification for approval of the source of water

6.1 From the City/Municipal Health Officer with a copy of the report of the Sanitary Engineer, including laboratory test results.

6.2 If the source is claimed to be a spring, certification from a qualified engineer/geologist attesting to the veracity of the claim.

7. Certification from the supplier of container indicating suitability for bottled water.* 8. Adequacy of Process Controls with current report of analysis. * In case of PVC bottles, certificate of analysis of PVC resin indicating VCM ( vinyl chloride monomer) content. ---------------------- Reviewer/Date

ANNEX B

LABORATORY EQUIPMENT AND SUPPLIES FOR THE MICROBIOLOGICAL EXAMINATION OF BOTTLED WATER

Listed below are the basic equipment required in the microbiological laboratory to be set up in bottled water processing establishments.

1. Autoclave (Temperature range: 105 to 127 °C) 2. Water Bath (Temperature range: 30 to 70 °C) 3. Incubator (Temperature range: ambient to 60 °C) 4. Sterilizing oven (Maximum temperature: 260 °C) 5. Beam Balance or Top Loading Electronic Balance 6. Bunsen Burner or Alcohol Lamp 7. Electronic or Gas Stove (for preparation of culture media) 8. pH meter 9. Microscope 10. Colony Counter

Glasswares and Supplies

-Test tubes (200 ml and 15-20 ml capacity) -Durnham fermentation tubes -Petri Dishes -Pipettes -Erlenmeyer Flasks/Beakers -Autoclavable Bottles for culture media -Graduated Cylinders -Slides and Cover Slips -Inoculating Loops -Silicon or Cotton Plugs for test tubes -Culture media and reagents needed for the test methods

The Microbiological Laboratory may or may not be equipped with a laminar flow hood.

The working table must be made of material which can be cleaned with alcohol or other disinfectants.

For the establishments that will use microfiltration methods for the microbiological examination of water, a laminar flow hood or a separate "clean" room should be provided.

ANNEX C

CHECKLIST OF REQUIREMENTS FOR THE REGISTRATION OF BOTTLED WATER

___________ 1. Letter of application from the processor/importer ___________2. Valid License to Operate (LTO) ___________3. Certificate of Brand Name Clearance from BFAD ___________4. Samples of the product in its commercial presentation, five (5) bottles of at least

500 mL. ___________5. Labels and labeling materials to be used for the product. (Artwork or facsimile) ___________6. Certificate of Analysis (indicate analytical method used). ___________7. Registration Fee RENEWAL REGISTRATION 1. Letter of application from the processor/importer. 2. Valid License to Operate 3. Previous Certificate of Product Registration (CPR). 4. Labels and labeling materials used for the product, in case of change made to previously approved label.

5. Sample of the product in its commercial presentation. 6. Registration Fee.

017 BOTTLED DRINKING WATER GUIDELINES OF 1993 23 July 1993 DOH Administrative Order No. 18-A, series of 1993 SUBJECT: Standards of Quality and Requirements for the Processing, Packaging and

Labeling of Bottled Drinking Water

SECTION I. AUTHORITY

This Order is issued pursuant to Articles 7, 17, 21 and 22 of R.A. 7394 known as the Consumer Act of the Philippines.

SECTION II. OBJECTIVES The Department of Health issues these rules and regulations to protect the consumers against hazards to health and safety and to promote fair trade practice.

SECTION III. DEFINITION OF TERMS For the purpose of these standards and requirements for bottled drinking water, the following definitions shall apply: 1. Approved source - means the source of the water, either spring, drilled well, public or community water system or any other source that has been inspected and the water sampled, analyzed and found safe and sanitary, with or without treatment. 2. Bottled water - means water that is placed in a sealed container or package and is offered for sale for human consumption as drinking water. 3. Drinking water - means water obtained from an approved source that has undergone minimum treatment consisting of filtration (activated carbon or particulate and ozonation or equivalent disinfection process. 4. Natural water - means water derived from an underground formation and not from a municipal system or public water supply, unmodified by blending with water from another source or by addition of dissolved solids except as it relates to ozonation or equivalent disinfection and filtration. 5. Artesian water - means water from a well tapping a confined aquifer where the water level stands above the water table. 6. Well water - means water from a hole bored, drilled, or otherwise constructed in the ground which taps the water of an aquifer. 7. Spring water - means a natural water derived from an underground formation from which water flows naturally to the surface of the earth as determined by a BFAD recognized authority. 8. Mineral water - means water characterized by its content of certain mineral salts and their relative proportions, provided that when minerals are added unto it, such water shall be referred to as "Mineralized Water"

9. Purified water - means water produced by distillation, deionization, reverse osmosis, or other suitable process complying with the requirements for purified water provided in the latest edition of the United States Pharmacopeia (USP). If distillation is the applied purification process, the product may be called "Distilled Water". 10. Carbonated water or Sparkling water - means water that has been made effervescent by the addition of carbon dioxide , provided that when the content of gas, after treatment, is the same with the source during the emergence of water taking into account the usual technical tolerance, the water may be called " naturally carbonated water". 11. Fluoridated water - means water that contains not less than 0.8 mg/L of fluoride either naturally occurring or as an added substance.

SECTION IV. LICENSING OF BOTTLED WATER PROCESSORS AND

IMPORTERS/DISTRIBUTORS 1. No person or establishment shall process bottled water for introduction to commerce or for commercial distribution unless he is a holder of a valid license to operate (LTO) a processing plant for bottled water from the Bureau of Food and Drugs. 2. A license to operate a processing plant for bottled water may be issued after the applicants capability to comply with good manufacturing practice (GMP) prescribed under Section V is verified by inspections and the documentary as well as technical requirements listed in Annex "A" are evaluated.

The said lists may be amended or revised by BFAD to conform with the regulations whenever necessary. 3. No importer/distributor shall engage in the commercial importation of bottled water unless he is a holder of valid license to operate from BFAD. 4. A license to operate shall be issued to importer/distributor after he complies with the documentary requirements listed in Annex "A". 5. The license fees shall be P 3,000 for opening LTO and P 5,000 for renewal LTO. The opening LTO shall be valid for a period of two (2) years and renewal LTO, for a period of three (3) years. 6. No licensed bottled water processors and importers/distributors shall undergo changes of ownership or operator unless the licensed owner or operator applies for an amendment of its LTO submitting therewith a true copy of the legal instrument or deed evidencing the transfer or change.

An amended LTO may be issued after the capability of the processing plant to comply with GMP prescribed under Section V hereof is verified by inspection and the authenticity and genuineness of transfer documents are determined.

SECTION V. GMP FOR PROCESSING BOTTLED DRINKING WATER 1. Approval of the Source

All bottled drinking water shall be derived from an approved source. Approval of the source, other than a public water supply, shall be based on a field inspection and a review of information prepared by a professionally qualified engineer/geologist who shall demonstrate the integrity of the said source and safety of the catchment operations. The recognized agencies who will approve the source are listed under the licensing requirements for bottled water processor. 2. Protection of the Source All possible precautions should be taken within a 60 meter radius perimeter of the source to avoid pollution of or undesirable effects on the chemical and physical qualities of the water. particular consideration should be given to the following potential pollutants: bacteria, viruses, parasites, fertilizers, pesticides, hydrocarbons, detergents, phenolic compounds, heavy metals, radioactive substances, and other soluble organic and inorganic substances. 3. Buildings and Facilities

3.1 Location

Bottled water processing plants shall be located in areas which are free from objectionable odors, smoke dust, or other contaminants and possible flood or inundation.

3.2 Plant Construction and Design

3.2.1 Buildings and facilities should be designed with partitions or other effective means separating those operations which may cause cross-contamination. Adequate working space shall be provided to allow satisfactory production and facilitate proper supervision of all operations.

3.2.2 The bottling room shall be separated from other plant operations or storage areas by tight walls, ceilings and self-closing doors to protect against contamination.

3.2.3 The physical conditions in water handling and processing areas shall be as follows:

- Floors, where appropriate, should be of water-proof, non-absorbent, washable, non-slip and non-toxic materials, without crevices, and should be easy to clean and disinfect. Where appropriate, floors should slope sufficiently for liquids to drain to trapped outlets.

- Walls, where appropriate, should be of water-proof, non-absorbent, washable and non-toxic materials and should be light coloured, easy to clean and disinfect. Where appropriate, angles between walls, between walls and floors, between walls and ceilings should be sealed and covered to facilitate cleaning.

- Ceilings, should be so designed, constructed and finished as to prevent the accumulation of dirt and minimize condensation, mold development and flaking, and should be easy to clean.

- Windows and other openings should be so constructed as to avoid accumulation of dirt and those which are open should be fitted with screens. Screens should be easily movable for cleaning and kept in good repair. Internal window sills, if present, should be sloped to prevent use as shelves.

- Doors should have smooth, non-absorbent surfaces and, where appropriate, be self-closing and close fitting.

- Piping water lines should be independent of potable and non-potable waters.

3.2.4 If processing operations are to be conducted in a place other than a sealed system under pressure, adequate protection should be provided to preclude contamination of the water and the system.

3.2.5 Adequate ventilation shall be provided to minimize condensation in processing rooms, bottling rooms, and in container washing and sanitizing areas.

3.2.6 Adequate natural or artificial lighting should be provided throughout the establishment. Where appropriate, the lighting should not alter colors. Light bulbs and fixtures suspended over water in any stage of production should be of a safety type and protected to prevent contamination of water in case of breakage.

3.2.7 The washing and sanitizing of containers for bottled drinking water shall be performed in an enclosed room. The washing and sanitizing operation shall be done in the room adjacent to the bottling room, and the final rinsing shall be positioned within the bottling room so as to minimize any possible post sanitizing contamination of the containers.

3.2.8 Room in which product water is handled, processed or held or in which containers, utensils, or equipment are washed or held shall not open directly into any room used for domestic household purposes.

4. Sanitary Facilities

Each plant shall provide adequate sanitary facilities including, but not limited to the following:

4.1 Water Supply

4.1.1 Product water. The product water supply for each plant shall be from an approved source and shall be in conformance with the standards herein prescribed.

4.1.2 Operations water. If operation of water is different from the product water supply, the operations water supply shall be obtained from an approved source properly located, protected and operated and shall be easily accessible, adequate, and of safe, sanitary quality which shall be in conformance at all times with the applicable laws and regulations of the government agency or agencies having jurisdiction over the same.

4.2 Effluent and Waste Disposal

The water bottling plant shall have an efficient effluent and waste disposal system

which should at all times be maintained in good order. All effluent lines (including sewer system) should be large enough to carry peak loads and should be so constructed as to avoid contamination of potable water supplies.

4.3 Changing Facilities

Changing facilities shall be provided and shall be separate from plant operations

and storage areas. The room shall be maintained in a clean and sanitary condition and refuse containers shall be provided.

4.4 Toilets

Adequate number of toilets shall be provided and conveniently located, designed

to ensure hygienic removal of waste matter. These shall be well lit, ventilated and shall not open directly to water handling areas. Handwashing facilities, suitable hand-cleaning preparation and suitable hygienic means of drying hands shall be provided adjacent to the toilets.

4.5 Handwashing Facilities

Adequate and conveniently located facilities for handwashing and drying shall be

provided wherever the process demands. Where appropriate, facilities for hand disinfection should also be provided. There shall be hygienic means of drying hands. Where paper towels are used, a sufficient number of dispensers and receptacles should be provided adjacent to each washing facility.

Taps of non-hand operable type are desirable. The facilities should be furnished

with properly trapped waste pipes leading to drains.

4.6 Disinfection Facilities

Where appropriate, adequate facilities for cleaning and disinfection of working implements and equipment shall be provided. These facilities should be constructed of corrosion resistant materials, capable of being easily cleaned, and should be fitted with suitable means of supplying water in sufficient quantities.

4.7 Waste Disposal

Waste materials should be handled in such a manner as to avoid contamination of

water. Care should be taken to prevent access to waste by pests. Waste shall be removed from the water handling and other working areas as often as necessary and at least daily. Immediately after disposal of the waste, receptacles used for storage and any equipment which has come into contact with the waste shall be cleaned and disinfected. The waste storage area shall also be cleaned and disinfected.

5. Sanitary Operations

5.1 The product water-contact surfaces of multi-service containers, utensils, pipe and equipment used in the transportation, processing, handling, and storage of product water shall be clean and adequately sanitized. All product water-contact surfaces shall be inspected by plant personnel as often as necessary to maintain the sanitary condition of such surfaces and to assure they are kept free of scale, evidence of oxidation, and other residue. The presence of any unsanitary condition, scale, residue, or oxidation shall be immediately remedied by adequate cleaning and sanitizing of that product water-contact surface prior to use.

5.2 A permanent cleaning and disinfection schedule should be drawn up for each

establishment to ensure that all areas are properly cleaned and that critical areas,

equipment and materials are designated for especial attention. A single individual , who should probably be a permanent member of the staff of the establishment and whose duties should be independent of production, should be appointed to be responsible for the cleanliness of the establishment. He should have a thorough understanding of the significance of contamination and the hazards involved. All cleaning personnel shall be well-trained in cleaning techniques.

5.3 After cleaning, all multi-service containers, utensils and disassembled piping and

equipment shall be transported and stored in such a manner as to assure drainage and shall be protected from contamination.

5.4 Filling, capping, closing, sealing, and packaging containers shall be done in a sanitary

manner so as to preclude contamination of the bottled drinking water.

5.5 Pest Control

5.5.1 There should be an effective and continuous program for the control of pests. Establishment and surrounding areas shall be regularly examined for evidence of infestation.

5.5.2 Pesticides should only be used if other precautionary measures cannot be used effectively. Before pesticides are applied, care should be taken to safeguard water, equipment and utensils from contamination. After application, contaminated equipment and utensils shall be thoroughly cleaned to remove residues prior to their use again.

6. Equipment and Procedures

6.1 Suitability

6.1.1 All plant equipment and utensils shall be suitable for their intended use. These include all collection and storage tanks, pipings, and fittings, connections, bottle washers, fillers, cappers and other equipment which may be used to store, handle, process, package, or transport product water.

6.1.2 All product water-contact surfaces shall be constructed of non-toxic and non-absorbent material which can be adequately cleaned and sanitized.

6.1.3 Storage tanks shall be of the type that can be closed to exclude all foreign matters and shall be adequately washed.

6.1.4 All equipment and utensils in water handling areas and which may have contact with the water shall be made of material which will not transmit toxic substances, odor or taste, will be non-absorbent, will be resistant to corrosion and will be capable of withstanding repeated cleaning and disinfection. Surface shall be smooth and free from pits and crevices. The use of wood and other materials which cannot be adequately cleaned and disinfected should be avoided except when their use would clearly not be a source of contamination. The use of different materials in such a way that contact corrosion can occur should be avoided.

7. Processes and Controls

7.1 Treatment of Product Water

All treatment of product water by distillation, ion exchanging, filtration, ultraviolet treatment, reverse osmosis, carbonation, mineral addition, or any other process shall done in a manner so as to be effective in accomplishing its intended purpose. All such processes shall be performed in and by equipment and with substances which will not adulterate the bottled product. An appropriate monitoring program for the effectiveness of water treatment system shall be established. A record of the type and date of physical inspections of the equipment, conditions found, and the performance and effectiveness of such equipment shall be maintained by the plant.

7.2 Containers

7.2.1 Single-service containers and caps or seals shall be stored and kept in a clean, dry place until used. Prior to use they shall be examined and washed, sanitized and rinsed or sterilized by dry methods approved by BFAD and shall be handled in a sanitary manner.

7.2.2 Multi-service primary containers shall be adequately cleaned, sanitized, and inspected just prior to being filled, capped, and sealed. Containers found to be unsanitary or defective by the inspector shall be reprocessed or discarded. All multi-service primary containers shall be washed, rinsed and sanitized by mechanical washers or by any other method giving adequate sanitary results. Mechanical washers shall be inspected as often as necessary to assure adequate performance. Records of physical maintenance, inspections and conditions found, and performance of the mechanical washer shall be maintained by the plant.

7.2.3 Multi-service shipping cases shall be maintained in such condition as to assure they will not contaminate the primary containers of product water. Adequate dry or cleaning procedures shall be performed as often as necessary to maintain the cases in satisfactory condition.

7. 3 Cleaning and Sanitizing Solutions

Disinfection or sanitizing solutions shall be suitable for the purpose intended and

accepted as prescribed in 21CFR 178.1010 Sanitizing Solution. Cleaning and Sanitizing Solutions shall be sampled and tested by the plant as often as necessary to assure adequate performance in the cleaning and sanitizing operations. records of these tests shall be maintained by the plant. Any residue of these sanitizing agents on surfaces which come in contact with the product shall be removed by thorough cleansing.

7.4 Sanitizing Operations

7.4.1 Sanitizing operations, including those performed by chemical means or by any other means such as circulation of live steam or hot water, shall be adequate to effect sanitization of the intended water-contact surfaces and any other critical area. The plant shall maintain a record of the intensity of the sanitizing agent and the time duration that the agent was in contact with the surface being sanitized. The following frequencies and intensities shall be considered the minimum:

(a) Steam in enclosed system: At least 77 degrees C for at least 15 minutes or at least 93 degrees C for at least 5 minutes.

(b) Hot water in enclosed system: At least 77 degrees C for at least 15 minutes or at least 93 degrees C for at least 5 minutes.

( c) 0.1 part per million (ppm) ozone water solution in an enclosed system for at least 5 minutes.

(d) Chemical sanitizers shall be equivalent in bactericidal action to a 2 - minute exposure of 50 ppm of available chlorine when used as an immersion or circulating solution. Chemical sanitizers applied as spray or fog shall have a minimum of 100 ppm of available chlorine or its equivalent in bactericidal action.

7.4.2 The effectiveness of cleaning and sanitizing procedures should be verified by microbiological monitoring of product contact surfaces.

7.5 Unit package production code

Each unit package from a batch or segment of a continuous production run of

bottled drinking water shall be identified by a production code. The production code shall identify a particular batch or segment of a continuous production run and the day produced. The plant shall record and maintain information as to the kind of product, volume produced, date produced, lot code used, and the distribution of the finished product to wholesale and retail outlets.

7.6 Filling, Capping, or Sealing

During the process of filling, capping or sealing either single-service or multi-

service containers, the performance of the filler, capper or sealer shall be monitored and the filled containers visually or electronically inspected to assure they are sound, properly capped or sealed, coded and labeled. Containers which are not satisfactory shall be reprocessed or rejected. Only non-toxic containers and closures shall be inspected to ascertain that they are free from contamination. At least once every month, a bacteriological swab and/or rinse count should be made from at least 4 containers and closures selected just prior to filling and sealing. No more than 1 of the 4 samples may exceed more than 1 bacteria per milliliter of capacity or 1 colony per square centimeter of surface area. All samples shall be free from coliform organisms. The procedure and apparatus for these bacteriological tests shall be in conformance with those recognized by the government agency or agencies having jurisdiction.

8. Product Quality Monitoring

8.1 Source Monitoring

8.1.1 The plant operator shall monitor the quality of source water for the contaminants specified in Section VII hereof. Monitoring shall be scheduled at least annually for toxic substances and at least weekly for microbiological contaminants except that microbiological analysis shall be done at start-up of bottling operations if the plant has been shut down for a period of one week or longer.

8.1.2 Monitoring for radioactive contaminants shall be done on a frequency of at least once every four years.

8.2 Finished Product Monitoring

To assure that the bottled water produced by a processing plant complies with quality standards prescribed in Section VII hereof, the following shall be performed by the plant operator:

8.2.1 Microbiological quality monitoring

(a) A representative sample from every production batch for each type of

bottled water produced by the plant shall be analyzed for coliforms.

(b) The heterotrophic plate count (HPC) should be monitored by intensive sampling to establish baseline data on the first year of operation of the plant until low counts are achieved. consistently. Sampling frequency may be reduced after the first year of operation provided that if there would be significant increase in HPC, intensive sampling shall be undertaken.

------------------------------------------------------------------------------------------------------------------- Minimum Sampling Schedule for HPC

Intensive Sampling 1 sample/product/day

Reduced Sampling (Average bottles/day

HPC samples/month*

< 2000 4 2001-3000 6 3001-4000 8 4001-9500 10 9501-15000 12 15001-25000 14 25001-35000 16 35001-50000 18

> 5000 20

* Minimum of 1 sample per week. Sampling day each week should be varied to eliminate sampling bias.

8.2.2 Physico - chemical quality monitoring

For physico-chemical properties and chemical contaminants, a representative

sample from a production batch for each type of bottled water shall be analyzed annually. Radioactive contaminants need not be monitored for the finished product if the source is monitored for such contaminants at least once every four years. Physico-chemical tests may be done in recognized government or private laboratories. For this purpose, the following are the recognized laboratories, as of date and until this particular provision is superseded/amended by a BFAD circular, to wit:

(1) Bureau of Research and Laboratories

(2) Food Development Center (FDC)

(3) Industrial Technology Development Institute (IDTI)

(4) Natural Science Research Institute - UP Diliman

(5) Philippine Institute of Pure and Applied Chemistry (PIPAC)

(6) Society Generale De Surveillance (SGS)

8.2.3 The required monitoring and analysis of samples shall be performed by qualified personnel using approved methods. Due to the frequency of microbiological tests necessary, the bottled water processing plant shall set up its own microbiological laboratory. The list of laboratory equipment and supplies for microbiological examination of water is provided in Annex "B" of this Order.

8.2.4 Records of required sampling and analysis shall be maintained at the plant for a period of not less than two (2) years and shall be available for review by officers duly designated by the BFAD Director.

9. Processing and Production Records

Permanent, legible and dated records of pertinent processing and production details should be kept concerning each lot. These records should be retained for a period of two years. Records of the initial distribution by lot should be kept. Plants shall also retain, on file at the plant, current certificates or notifications of approval issued by the government agency or agencies approving the plant's source and supply of product water and operations water. All required documents shall be available for review at reasonable times by BFAD inspectors. 10. Storage and Transport of End-Product

The end-product should be stored and transported under such conditions that will preclude contamination with and/or proliferation of microorganisms and protect against deterioration of the product or damage to the container. During storage, periodic inspection of the end product should take place to ensure that only product water which is fit for human consumption is dispatched. 11. Product Recall

The plant operator shall establish a system for product recall in any eventuality when the product presents an eminent hazard to public health or when it does not comply or meet the prescribed quality standards. The water bottler shall be responsible for public notification, if deemed necessary. 12. Personnel

12.1 Qualification of key personnel in the production and quality control

A bottled water plant shall be operated under the supervision of a competent person qualified by education and experience or training and maintain the plant's facilities.

As regards to educational background, an engineer, chemist, microbiologist, food

technologist or a graduate of any related science course is considered appropriate.

12. 2 Disease Control. Any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination by which there is reasonable possibility of product water, product-contact surfaces or product-packaging materials becoming contaminated, shall be excluded from any operations which may be expected to result in such contamination until the medical condition is corrected. All personnel shall be subjected to one physical examination each year.

12.3 Cleanliness. All persons working in direct contact with bottled water, bottled water contact surfaces, and product water packaging materials shall conform to hygienic practices while on duty to the extent necessary to protect against contamination of product water. The methods for maintaining cleanliness include, but are not limited to:

(a) Wearing outer garments suitable to the operation in a manner that protects

against the contamination of bottled water, product contact surfaces, or product packaging materials.

(b) Maintaining adequate personal cleanliness.

(c) Washing hands thoroughly (and sanitizing if necessary to protect against

contamination with undesirable microorganisms) in an adequate handwashing facility before starting work, after each absence from the work stations, and at any other time when the hands may have become soiled or contaminated.

(d) Removing all insecure jewelry and other objects that might fall into product

water, equipment or containers, and removing hand jewelry that cannot be adequately sanitized during periods when the process is manipulated by hand. If such hand jewelry cannot be removed, it may be covered by materials which can be maintained in an intact, clean and sanitary condition and which effectively protects against contamination by these objects the product water, product contact surfaces or product packaging materials.

(e) Maintaining gloves in an intact, clean and sanitary condition. The gloves

should be of an impermeable material.

(f) Wearing, where appropriate, in an effective manner, hairnets, headbands, caps, beard covers or other effective hair restraints.

(g) Storing street clothing or other personal belonging in areas other than where product water is exposed or where equipment or utensils are washed.

(h) Confining the following to areas other than where product water may be

exposed or where equipment or utensils are washed. : eating food, chewing gum, drinking beverages or using tobacco.

(i) Taking any other necessary precautions to protect against contamination of

product with microorganisms or foreign substances including, but not limited to, perspiration, hair, cosmetics, tobacco, chemicals and medicines applied to the skin.

12.4 Education and Training. Product handlers and supervisors should receive appropriate training in proper operational techniques and bottled water protection principles and should be informed of the danger of poor personal hygiene and unsanitary practices.

12.5 Supervision. A supervisor shall be assigned at all times to assure compliance with all requirements for GMP.

SECTION VI. REGISTRATION OF THE BOTTLED WATER PRODUCT 1. No bottled water product shall be distributed and sold without a certificate of registration (CPR) from BFAD. 2. A certificate of product registration for bottled water shall be issued after its compliance with the standards herein prescribed and requirements listed in Annex "C" hereof as verified by product evaluation.

Product evaluation includes determination of the authenticity and genuineness of technical documents submitted, product's compliance with the standards and validation of product's declaration by laboratory analysis. 3. Registration fees shall be P 300.00 for initial registration which shall be valid for two (2) years; and P 500.00 for renewal registration which shall be valid for five (5) years. These registration fees shall be in addition to costs of laboratory analysis. 4. No registered bottled water product shall undergo changes in specifications, packaging and labeling without BFAD's prior approval.

In cases where the changes require amendment of the certificate of registration, the holder shall apply for an amendment of the said CPR submitting therewith the supporting documents and the original CPR.

The supporting documents shall be the legal instruments/deeds evidencing the legality of the changes or statements/declaration under oath of the change of specifications with sufficient samples for validation by laboratory analysis, as the case may be.

SECTION VII. PRODUCT SPECIFICATIONS All types of bottled drinking water shall conform with the quality standards prescribed

below. 1. Physico-chemical Properties

Guide Level Maximum Acceptable Level (MAL)

Turbidity Purified/Distilled

5 NTU 1 NTU

Color 15 TCU Odor Not objectionable Taste Not objectionable Ph

Purified/Distilled 6.5-8.5 9.0 5-7

TDS Mineral Spring Purified Distilled

500 except mineral water > 200 1000 > 100 < 10 < 10

Conductivity Distilled Mineral

< 5 uS/cm

> 200 uS/cm Calcium 100 Magnesium 30 50 Sodium 20 175 Potassium 10 12 Chloride 25 200 Sulfate 25 250

Values in mg/L (ppm) except when otherwise stated.

2. Contaminants undesirable in excessive amounts for aesthetic/organoleptic considerations and potential health significance.

Guide Level Maximum Acceptable Level (MAL)

Nitrates 25 45 Nitrites not detected 0.1 Iron 0.3 1.0 Manganese 0.05 0.1 Copper 0.1 1 Zinc 0.5 5 Aluminum 0.05 0.2 Fluoride > 0.8 (fluoridated water) 2 Organic matter (mg O2/L)

2 5

Surfactants (as lauryl sulfate) not detected 2 Values in mg/L (ppm) except when otherwise indicated 3. Toxic Contaminants

Maximum Acceptable Level (MAL) Arsenic 0.05 Cadmium 0.01 Cyanide 0.01 Chromium 0.05 Lead 0.05 Mercury 0.001 Selenium 0.01 Phenolic substance 0.001 Volatile organic compounds Carbon tetrachloride Benzene Trihalomethane

0.005 0.005 0.01

Pesticides and related substances Carbamates, organochlorines, organophosphates Herbicides, fungicides, PCB

0.1 ppb

0.5 ppb

Radionuclides gross alpha activity gross beta activity

0.1 Bq/L 1.0 Bq/L

Values in mg/L (ppm) except when otherwise indicated 4. Guide Level values represent maximum levels attainable in good quality water sources and/or indication of product's adherence to GMP except when they are indicated as the minimum required values, like the values of TDS, conductivity, and fluoride. 5. MAL values are prescribed standards, beyond which the bottled water will be considered unacceptable due to its impaired organoleptic characteristics or probable hazards to health. 6. Microbiological Specifications

6.1 The microbiological specifications of water at the source and at critical control points, shall conform with the following parameters:

a) Coliforms - from a set of samples analyzed at a given time, not more than one sample may contain coliform at the most probable number (MPN) of > 2.2 per 100 ml and no sample shall contain MPN of 9.2 per 100 ml.

b) Heterotrophic Plate Count - the water may contain heterotrophic bacteria not greater than the limits established by the bottler from a baseline data accumulated under the conditions prescribed in GMP, provided that water sampled at various points before bottling shall not have an HPC of more than 300 colony forming units (cfu) per mL.

Water samples should be analyzed within 12 hours and maintained at a

temperature not higher than 10 °C.

6.2 End Product Specifications

Bottled water shall not contain parasites and pathogenic organisms.

It shall conform with the microbiological specifications below. These specifications shall also apply to products obtained from distribution outlets.

n c m M Coliforms 5 1 0 1* MPN/100ml Fecal streptococci 5 1 0 1** cfu/100ml Pseudomonas aeruginosa

5

0

0

HPC Purified/Distilled

5 1 104 106 cfu/100ml 5 1 103 105 cfu/ml

* Shall not be E. coli

** More samples should be analyzed; considered defective lot if another set of 5 samples yield at least one positive sample

n = number of samples tested m = guide level M = maximum acceptable level c = maximum number of samples > m but not more than M

SECTION VIII. PACKAGING

1. All bottled water shall be packed in containers made of food grade materials. They shall be free from adhesives or other substances that may interact physically or chemically with the product. 2. Closures shall be so designed as to make it tamper proof to protect the product from contamination during handling, storage, and distribution. 3. Bottles and caps shall be manufactured from virgin materials (i.e., materials which have not been recycled). 4. Pigments and colorants used in the manufacture of bottles and caps shall conform with those prescribed in PNS 1104, Plastic Materials for Food Contact Use: Colorants - Specifications. 5. Glass bottles shall conform with standard test limits for borosilicate and soda-lime glass prescribed in the latest edition of the United States Pharmacopeia . 6. Plastic bottles and caps shall conform with the tests for heavy metals and migratory/leachable substances prescribed by BFAD. 7. Bottles and caps made of polyvinyl chloride (PVC) shall be manufactured using PVC resin which contain not more than 0.1 mg/kg (ppm) of vinyl chloride monomer (VCM). 8. Users of PVC bottles shall be required to present test results from accredited laboratories indicating that the resin used in their bottles conform with the above prescribed VCM limit.

SECTION IX. LABELING REQUIREMENTS

All bottled water intended for commercial distribution shall conform with the labeling rules and regulations for prepackaged food and the following requirements: 1. In all cases, the name and address of the manufacturer shall be indicated on the label.

2. The type of water, either "spring water", "mineral water", "purified water", "distilled water", "carbonated water", or just plain "drinking water", shall be prominently printed on the principal display panel of the label and shall be in accordance with the definitions in Section III. 3. Brand names should not be misleading or in any way misrepresent the true nature of the product and shall conform with BFAD existing regulations governing brand names. The same should be cleared with BFAD before the product can be granted BFAD registration. 4. Bottled water represented as "mineral water" or "spring water" shall declare the following information on their labels:

a) the geographical location of the underground source from which the water is obtained;

b) the total dissolved solids in mg/L or ppm; and

c) the typical composition in terms of the levels of the following in mg/L or ppm:

Bicarbonates Calcium Magnesium Chloride Sulfate Sodium* Potassium* Fluoride**

* Optional ** Optional, except for fluoridated water

5. Claims relating to the absence of certain constituents or contaminants (e.g., "sodium-free", "bacteria-free", etc.) shall be prohibited unless supported by consistent laboratory test results obtained from or issued by a recognized testing institutions. 6. The ultraviolet scanning treatment shall not be referred to as a sterilization process unless the treatment actually results in a sterilized finished product as shown by appropriate sterility test. 7. Statements to the effect that the product is approved or certified by any institutions/organization shall be prohibited unless the bottled water producer/distributor presents a written authorization from the concerned institution/organization. 8. Reports of analysis issued by any government or private laboratory shall not be accepted as an authorization to declare the name of the laboratory/agency on the label unless expressly stated in said report. 9. All other label claims and declarations shall be truthful and not misleading. 10. Bottled water with labels or label claim(s) not consistent with these rules shall be deemed misbranded.

SECTION X . ADMINISTRATIVE SANCTIONS

1. The Director of BFAD shall order the processor to recall and withdraw a bottled water product or a particular batch of such product from the market upon a finding that the same fails to comply with (a) the Maximum Allowable Level (MAL) for any specified parameter herein established; or (b) when the products are found adulterated or mislabeled in accordance with RA 7394 and its implementing rules and regulations. 2. In addition to the order of recall, the Director may require the processor to notify the public of the fact of recall and the defect of the product being withdrawn. Provided that in cases of failure in complying with MAL of any of the specified parameters, the Director shall not issue an order of recall when all the following circumstances are present:

a) corrective measures have been instituted and verified, and the

b) products already in the market will not cause illness or do not present significant health risk.

3. The Director of BFAD shall suspend the license to operate a processing plant in cases of deficiencies in GMP that will likely result to adulterated or mislabeled bottled water product. The suspension of the processing operation shall be for a period of 90 days unless corrective measures are undertaken before the 90-day period. The order of suspension shall be lifted upon a report of inspection verifying the corrective measures instituted by the processor to comply with GMP. 4. The foregoing sanctions are without prejudice to other administrative sanctions and criminal actions provided for by existing laws, rules and regulations.

SECTION XI. TRANSITORY PROVISIONS

1. Except for adulterated and mislabeled bottled water products that may be hazardous to health and safety, bottled water of licensed processors shall have six (6) months from the effectivity of this Order to comply with the product's standards, specifications and labeling herein prescribed. 2. All licensed processors of bottled waters shall have six (6) months from the date of effectivity of this Order to comply with the standards and specifications for GMP. 3. Applicants for license to operate after the date of effectivity shall have to comply with the licensing and GMP standards prescribed by this Order.

SECTION XII. SEPARABILITY CLAUSE

If any reason any section or provision of this order is declared invalid, illegal or unconstitutional, the remainder of this Order shall not be affected by such decision.

SECTION XIII. EFFECTIVITY

This Order shall take effect fifteen (15) days following the date of its publication in a newspaper of general circulation.

(SGD) JUAN M. FLAVIER, M.D., M.P.H. Secretary of Health

ANNEX A

REQUIREMENTS FOR LICENSING OF BOTTLED WATER PROCESSORS AND IMPORTERS/DISTRIBUTORS

I. DOCUMENTARY REQUIREMENTS

A. GENERAL REQUIREMENTS

1. Accomplished Petition Form duly notarized. 2. ID picture of Owner/Gen. Manager 3. If Corporation, a copy of Registration with SEC and Articles of Inc. 4. If Single Proprietorship, a copy of Registration with BDT 5. Location Plan 6. Contract of Lease of building and warehouse (if not owned by the applicant) 7. List of products to be processed/imported/distributed indicating brandname/s.

B. SPECIFIC REQUIREMENTS

1. FOR PROCESSOR Floor plan of working area with complete dimension in meters.

2. FOR IMPORTER/DISTRIBUTOR

2.1 Foreign Agency Agreement duly authenticated by the Territorial

Philippine Consulate.

2.2 Certification from the appropriate Health Authority that the company is registered or duly approved manufacturer of bottled water, and the bottled water conforms with the standards and regulations in the country of origin.

II. TECHNICAL REQUIREMENTS 1. Organizational chart (if a corporation) indicating qualification of key personnel in the

production and quality control. 2. List of production equipment with specification. 3. Flow chart of manufacturing process with emphasis on identification of critical control points. 4. Description of salient points in the manufacturing procedures. 5. Quality control procedures and facilities. 6. Certification for approval of the source of water

6.1 From the City/Municipal Health Officer with a copy of the report of the Sanitary Engineer, including laboratory test results.

6.2 If the source is claimed to be a spring, certification from a qualified engineer/geologist attesting to the veracity of the claim.

7. Certification from the supplier of container indicating suitability for bottled water.* 8. Adequacy of Process Controls with current report of analysis. * In case of PVC bottles, certificate of analysis of PVC resin indicating VCM ( vinyl chloride monomer) content. ---------------------- Reviewer/Date

ANNEX B

LABORATORY EQUIPMENT AND SUPPLIES FOR THE MICROBIOLOGICAL EXAMINATION OF BOTTLED WATER

Listed below are the basic equipment required in the microbiological laboratory to be set up in bottled water processing establishments.

1. Autoclave (Temperature range: 105 to 127 °C) 2. Water Bath (Temperature range: 30 to 70 °C) 3. Incubator (Temperature range: ambient to 60 °C) 4. Sterilizing oven (Maximum temperature: 260 °C) 5. Beam Balance or Top Loading Electronic Balance 6. Bunsen Burner or Alcohol Lamp 7. Electronic or Gas Stove (for preparation of culture media) 8. pH meter 9. Microscope 10. Colony Counter

Glasswares and Supplies

-Test tubes (200 ml and 15-20 ml capacity) -Durnham fermentation tubes -Petri Dishes -Pipettes -Erlenmeyer Flasks/Beakers -Autoclavable Bottles for culture media -Graduated Cylinders -Slides and Cover Slips -Inoculating Loops -Silicon or Cotton Plugs for test tubes -Culture media and reagents needed for the test methods

The Microbiological Laboratory may or may not be equipped with a laminar flow hood.

The working table must be made of material which can be cleaned with alcohol or other disinfectants.

For the establishments that will use microfiltration methods for the microbiological examination of water, a laminar flow hood or a separate "clean" room should be provided.

ANNEX C

CHECKLIST OF REQUIREMENTS FOR THE REGISTRATION OF BOTTLED WATER

___________ 1. Letter of application from the processor/importer ___________2. Valid License to Operate (LTO) ___________3. Certificate of Brand Name Clearance from BFAD ___________4. Samples of the product in its commercial presentation, five (5) bottles of at least

500 mL. ___________5. Labels and labeling materials to be used for the product. (Artwork or facsimile) ___________6. Certificate of Analysis (indicate analytical method used). ___________7. Registration Fee RENEWAL REGISTRATION 1. Letter of application from the processor/importer. 2. Valid License to Operate 3. Previous Certificate of Product Registration (CPR). 4. Labels and labeling materials used for the product, in case of change made to previously approved label.

5. Sample of the product in its commercial presentation. 6. Registration Fee.

018 PHILIPPINE NATIONAL STANDARDS FOR DRINKING WATER of 1993 March 15, 1994 DOH Administrative Order No. 26-A, series of 1994 SUBJECT: Philippine National Standards for Drinking Water 1993 under the provision

of Chapter II, section 9 of PD 856, otherwise known as the Code on Sanitation of the Philippines

To implement the provisions of section 9, otherwise known as the Prescribed Standards

and Procedures of Chapter II of the Code on Sanitation of the Philippines, PD 856, this Philippine National Standards for Drinking Water 1993 hereby revises and updates the 1978 National Standards for Drinking Water.

The Philippine National Standards for Drinking Water 1993 (PNSDW 1993) is designed to guide the Waterworks Officials, Developers and Operators of Water Supply Systems both Government and Private entities, health and sanitation authorities and the general public and all other concerned. The new standards cover requirements for the acceptable values of the determined parameters in measuring water quality. These parameters include microbiological, physical, chemical and radiological compositions of the water. The standard also delineates values established in conforming with the medical and health implication of the parameters as opposed to values established purely to satisfy aesthetic requirements.

SECTION 1. DEFINITION OF TERMS 1. Aesthetic - aspects of drinking water quality perceived by senses, including odor, taste,

color and clarity. 2. Aerobe - An organism capable of growing in the presence of oxygen. 3. Aerobic - Description of biological or chemical processes that can occur only in the

presence of oxygen. 4. Anaerobic - Life processes or chemical reactions that occur in the absence of oxygen or a

condition in which Dissolved Oxygen (DO) is not detectable in the aquatic environment. 5. Available Residual Chlorine - Generally refers to the part of the chlorine that will react

with orthotolidine or ampero-metric tests and exhibits significant germicidal activity. 6. Bottled Water - means water that is placed in a sealed container or package and is offered

for sale human consumption as drinking-water. 7. Coliform Organisms (total coliforms) - refers to any rod-shaped, non-spore forming,

gram negative bacteria capable of growth in the presence of bile salts, or other surface-active agents with similar growth-inhibiting properties which are cytochrome-oxidase negative and able to ferment lactose at either 35 or 37 °C with the production of acid, gas, and aldehyde within 24-48 hours.

8. Composite sample - refers to a mixture of grab samples collected at the same sampling points at different times.

9. Contamination - A general term referring to the introduction of materials not normally

found in water that make the water less desirable or unfit for its intended use. 10. Disinfection - water treatment processes designed to destroy disease-causing micro-

organisms. The efficacy of disinfection is often assessed by measuring the coliform group of indicator organism.

11. Drinking-water - water intended for direct human consumption or for use in food

preparation. Where high quality waters are scarce, the quality of water used for other domestic purposes does not need to be as high as that of drinking water.

12. Facultative anaerobic - organisms that can use free oxygen or can grow in the absence of

atmospheric oxygen. 13. Facultative bacteria - Bacteria that can adapt themselves to growth and metabolism

under aerobic or anaerobic conditions. Many organisms of interest in wastewater stabilization are among this group.

14. Thermotolerant (Fecal) Coliform - A subgroup of coliform bacteria that has high

positive correlation with fecal contamination associated with all warm blooded animals. These organisms can ferment lactose at 44.5 °C and produce gas in a multiple tube procedure (EC Confirmation) or acidity with the Membrane Filter procedure (M-FC Medium)

15. Grab or Catch Sample - a sample collected at a particular time and place and can

represent only the composition of the source at the time and place. 16. Gram-negative bacteria - bacteria that decolorize and accept that safranin stain which

appears pink using the gram-stain technique. 17. Gross alpha and gross beta radioactivity - radioactivity emanating from radionuclides

belonging to the uranium, thorium, and actinium, series which are terrestrial in origin. It also includes radionuclides that occur singly and are produced by cosmic rays and are terrestrial in origin.

18. Integrated Samples - For certain purposes, the information needed is provided by

analyzing mixtures of grab samples collected from different points simultaneously, or as nearly as possible.

19. Large Water Supply System - more than 5,000 service connection. 20. Level I (Point Source) - a protected well or a developed spring with an outlet but without

a distribution system, generally adaptable for rural areas where the houses are thinly scattered. A level I facility normally serves around 15 to 25 households and its outreach must not be more than 250 meters from the farthest user. The yield or discharge is generally from 40 to 140 liters per minute.

21. Level II (Communal Faucet System or standposts) - a system composed of a source , a

reservoir, a piped distribution network and communal faucets, located at not more than 25 meters from the farthest user. The system is designed to deliver 40-80 liters of water per

capita per day to an average of 100 households. Generally suitable for rural and urban areas where houses are clustered densely to justify a simple piped system.

22. Level III (Waterworks System or Individual House Connections) - a system with a

source, a reservoir, a piped distribution network and household taps. It is generally suited for densely populated urban areas. This level of facility requires a minimum treatment of disinfection.

23. MPN (Most Probable Number) - a statistical method of determining microbial

populations. A multiple dilution tube technique is utilized with a standard medium and observations are made for specific individual tube effects. Resultant coding is translated by mathematical probability tables into population numbers.

24. Non-spore forming - not capable of producing spores, the defense mechanism of bacteria

under favorable growth conditions such as heat, drying, pH change, and disinfectants. 25. Pollutant - dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage

sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal, agricultural waste discharge into water.

26. Potable water - water suitable (from both health and aesthetic considerations) for drinking

and cooking purposes. 27. Protected well - it is a borehole well either deep or shallow well which have sanitary

protective measures such as concrete apron, grouting, safe distances to toilets and other source of pollution.

28. Radioactivity - the spontaneous emission of radiation, generally alpha or beta particles,

often accompanied by gamma ray, from the nucleus of unstable isotope. 29. Raw water - untreated, undisinfected surface or groundwater. 30. Residual Chlorine - when sufficient dosage of chlorine is applied to water,

microorganisms of sanitary significance are destroyed and all the oxidizable matter are reacted upon. After all of these reactions have taken place , at the end of a specified contact time, there remains a certain minute quantity of chlorine in the water. This is detected as residual chlorine. Its presence in the water is usually an indication of the sufficiency of the treatment or chlorination, and is therefore an assurance of protection of the bacteriological quality.

31. Small Water Supply System - less than 1,000 service connection. 32. Standard Methods - methods of analysis prescribed by a joint action of American Public

Health Association, American Waterworks Association, Water Pollution Control Federation or US Environmental Pollution Agency . Methods accepted by authority.

33. Water Quality - from the user's point of view the term "water quality" is used to define

those bacteriological, chemical, physical, biological, or radiological characteristics which evaluates the acceptability of the water. The term "quality" must be considered relative to the proposed use of the water.

34. Water Quality Guideline - a water guideline in this document is a level for a water constituent which does not result in significant health risk and which ensures aesthetically acceptable water.

35. Water Supplier - an entity, government or private responsible for source development,

water abstraction, treatment and distribution of water.

SECTION 2. EXAMINATION OF WATER

Regular examination of water will have to be carried out in order to determine its

potability. The results of this examination shall be expressed as follows (a) Bacteriological

Multiple Tube Fermentation Membrane Filter MMO-MUG(Auto-analysis Colilert)

MPN/100 mL; or presence or absence of coliform organisms Colonies/100 mL presence or absence of coliform organisms

b) Biological Counts/mL c) Chemical mg/L or unless otherwise stated d) Physical as appropriate e) Radiological Becquerel/Liter (Bq/L)

Adequate treatment will have to be made available to deal with changes in the

quality of the raw water and to consistently produce a finished product which is reliably safe.

Microbiological testing may be supplemented with the much simpler colorimetric

test for free residual chlorine (free residual chlorine of 0.2-0.5 mg/L in the distribution system to reduce the risk of microbial regrowth). Absence of the residual chlorine is indicator of the entry of oxidizable matter into the distribution system, or a malfunctioning of the treatment process.

SECTION 3. STANDARD PARAMETERS AND VALUES FOR DRINKING WATER QUALITY

Table 3.1 Standard Values for Bacteriological Quality

Source and Mode of Supply

Bacteria Standard Value (No./100 ml)

a. All drinking water supplies under all circumstances

E. Coli or Thermotolerant (fecal) coliform bacteria

0

(Level I, II, III, Bottled water and Emergency Water Supplies

b. Treated water entering the distribution system

E. Coli or Thermotolerant (fecal) coliform bacteria Total Coliforms

0 0

c. Treated water in the distribution system

E. Coli or Thermotolerant (fecal) coliform bacteria Total Coliforms

0 must not be detectable in any 100 mL sample. In case of large quantities where sufficient samples are examined, it must not be present in 95% of samples taken throughout any 12-month period

Table 3.2 Standard Value for Biological Organisms

Constituent Permissible limit Total count/mL 10

Table 3.3 Standard Values for Physical and Chemical Quality : Health Significance A. Inorganic Constituents

Constituent Maximum Level (mg/L) Antimony Arsenic Barium Boron Cadmium Chromium

0.005 0.01 0.7 0.3 0.003 0.05

Cyanide Fluoride Lead Mercury (total) Nitrate as NO3- Nitrite as NO2- Selenium

0.07 1.0 0.01 0.001 50 3

0.01

B. Organic Constituents (Pesticides)

Constituent Maximum Level (µµµµg/L) Aldrin and Dieldrin Chlordane DDT Endrin Heptachlor and Heptachlor epoxide Lindane Methoxychlor Petroleum oils and grease Toxyphane 2, 4 - D 2,4, 5 - T

0.03 0.2 2 0.2 0.03 2 20 nil 5 30 9

Table 3.4 Standard Values for Physical and Chemical Quality: Aesthetic Quality

Constituent or Characteristic Maximum level (mg/L) Taste Odor Color Turbidity Aluminum Chloride Copper Hardness Hydrogen Sulfide Iron Manganese

Unobjectionable Unobjectionable

5 TCU 5 NTU 0.2 250 1

300 (as CaCO3)* 0.05 1 0.5

PH Sodium Sulfate Total Dissolved Solids Zinc

6.5-8.5 200* 250 500 5*

* Secondary standards; compliance with the standard and analysis are not obligatory TCU - True Color Unit NTU - Nephelometric Turbidity Unit Table 3.5 Standard Values for Disinfectants and Disinfectants By-products

Disinfectants Maximum Level (mg/L) a. Disinfectant

Chlorine (residual)

b. Disinfectant by-products Bromate Chlorite 2,4,6 trichlorophenol Formaldehyde Phenolic substances Bromoform Dibromochloromethane Bromodichloromethane Chloroform

0.2-0.5

0.025 0.2 0.2 0.9 0.001 0.1 0.1 0.06 0.2

Table 3.6 Chemicals of No Health Significance at Concentrations Normally Found in

Drinking Water

Asbestos Silver Tin

In accordance with the findings of WHO, the Department of Health does not prescribe any standard values for these compounds since they are not hazardous to human health at concentrations normally found in drinking water

Table 3.7 Standard Values for Radiological Constituents

Constituents Activity Level (Bq/L) Gross alpha activity Gross beta activity

0.1 1

SECTION 4: MICROBIOLOGICAL REQUIREMENTS: Water used for drinking must be free from pathogenic organisms responsible for waterborne diseases. These pathogenic organisms include bacteria, viruses, protozoans and helminths. Elimination of all these pathogenic agents from drinking-water is essential for the protection of public health. Two approaches can be used to reduce the risk of bacterial, viral and parasitic infection to a negligible level: providing drinking-water from a source verified free of fecal contamination or adequately treating fecal contaminated water. 4.1 Bacteriological Requirements The primary objective of bacterial examination of drinking water is the detection of fecal

pollution. Although it is now possible to detect the presence of many pathogens in water, the methods of isolation and detection are often complicated and lengthy. It is therefore impossible and impractical to identify every disease-causing organism present in water. The approach is to use normal enteric organisms which are the coliform group especially E. coli as the essential indicator of fecal pollution. These organisms are easy to detect and their presence in a sample indicates that water may be contaminated with organisms that can cause disease.

4.2. Sampling and Analysis for Bacteriological Quality

In order to determine whether the water supplied is safe or acceptable for human consumption, (i.e. free from pathogenic or disease-causing organisms) samples should be collected from the water supply system for the bacteriological examination of the water (i.e. total coliforms, thermotolerant (fecal) coliform bacteria and E. coli). The samples should be representative of the whole water supply system (i.e. samples from the water source, before and after treatment if any, and from a reasonable number of points (see Table 4.1) in the distribution system). For disinfected water, free residual chlorine should be measured during sampling. 4.2.1. Frequency of Sampling The minimum number of samples to be collected and examined periodically must be based on the mode and source of water supply (see Table 4.1). The procedure, identification and location of sampling are indicated in Table 4.2. However, frequency of sampling should also take into account the past frequency of records yielding unsatisfactory results, the quality of raw water treated, the number of raw water sources, the adequacy of treatment and capacity of the treatment plant, risks of contamination at the source and in the distribution system, the size and complexity of the distribution system, the risk of an epidemic and the practice of disinfection.

Table 4.1 Minimum Frequency of Sampling for Drinking-Water Supply Systems

Source and Mode of

Supply Population Served Minimum Frequency of

Sampling a. Level I 90-150 Once in every three (3)

months b. Level II 600 Once in every two (2)

months c. Level III less than 5,000

5,000-100,000 more than 100,000

1 sample monthly 1 sample per 5,000 population monthly 20 samples plus 1 sample per 10,000 population monthly

d. Bottled Drinking Water

-- once every two months

e. Emergency Supplies of Drinking Water

-- before delivery to users

4.2.2 Methods of Sampling The sample should be representative of the water under examination. Contamination during collection and before examination shall be avoided. Step-by-step details of collecting water samples (from different sources) for microbiological analysis are given in the PNSDW 1993 Manual. Table 4.2 Methods of Sampling for Drinking-Water Supply System

SOURCE AND MODE OF SUPPLY

PROCEDURE OF SAMPLING

LOCATION OF SAMPLING

POINTS

SAMPLE VOLUME

Level I Pump water to waste for two (2) minutes to remove water in the water column. Then flame the mouth of pump before taking sample (optional)

Sample is taken directly at the mouth of the pump.

The volume of the sample should not be less than 100 mL

Level II Allow water to waste for at least one (1) minute. Flame the tap before sample is taken. (optional)

Sample is taken from the farthest standpipe and at the entering point of the distribution system.

The volume of the sample should not be less than 100 mL

Level III Remove any filters Sample is taken The volume of the

(rubber or plastic) and allow water to run to waste for at least one (1) minute. Flame the tap before the sample is taken. (optional)

from the source of the distribution system and taps at strategic sampling point within the distribution network.

sample should not be less than 100 mL

Bottled Drinking-Water

Same procedure as above for sample taken from the source

Sample is taken from manufacturer's stock and outlets.

The volume of the sample should not be less than 100 mL

Emergency Supply of Drinking-Water

Sample is taken at storage containers and mobile tankers before being served to end users.

The volume of the sample should not be less than 100 mL

Identification of samples - samples must be accompanied by a complete and accurate identification and descriptive data.

4.2.3 Examining Laboratories

Examination of samples shall be performed by the following laboratories:

a. Department of Health Laboratory b. Laboratories of water Suppliers c. Laboratories accredited by the Department of Health

4.2.4 Preservation and Storage of Samples

The bacteriological analysis of water samples collected should be initiated promptly after collection to avoid unpredictable changes.

If samples cannot be processed within six (6) hours after collection, the use of ice

coolers for storage of water samples during transport to the laboratory is recommended. The time elapsed between collection and processing should in no case exceed 24 hours. The time and temperature of storage of all samples should be considered in the interpretation of data.

When delay is likely in bringing samples to the laboratory, the sample can be

filtered through a membrane filter at the site of collection. The membrane after filtration is placed in a petri dish using an appropriate medium. This will keep the bacterial viable, and will arrest visible growth for up to 72 hours.

4.2.5 Methods for the Detection and Estimation of Coliform Organisms

a. Standard Methods

The standard laboratory methods to be used in the estimation of organisms

indicative of pollution are stated in the succeeding discussions. The procedures can be found in the PNSDW 1993 manual. The details can be obtained from the Standard Methods for the Examination of Water and Wastewater, 1989 17th Edition.

-Membrane Filter

The membrane filter technique gives a direct count of total coliforms and fecal

coliforms present in a given sample.

-Multiple Tube Fermentation

The multiple-tube fermentation technique is used to enumerate positive presumptive, confirmed and complete tests. This technique gives a Most Probable Number (MPN) of coliform present in a given sample. Determination of MPN based on the test results is explained in detail in PNSDW 1993 manual.

b. Alternative Methods The following methods can be used for rapid detection of coliform organisms.

-PHC Test

This is a simple, inexpensive and rapid screening test for the detection of coliform

organisms. However, this is not a substitute for standard testing of water. The details for the preparation of PHC test Media can be found in the PNSDW 1993 manual.

-MMO-MUG (Auto-analysis Colilert) Test

Minimal medium ONPG (O-nitrophenyl β - d galactopyranoside) and MUG (4-methylumbelliferyl β - d glucoronide

This test is designed to identify both total coliforms and E. coli in a single

container in 28 hours or less by inoculating the predispensed reagent with water sample and incubating it.

SECTION 5. EVALUATION FOR BACTERIOLOGICAL QUALITY

The bacteriological quality of drinking water supply shall be judged from the presence or

absence of E. coli or thermotolerant (fecal) coliform bacteria as shown in Table 3.1 Standard Value for Bacteriological Quality. 5.1 The detailed explanation of minimum requirements as to the bacteriological quality of drinking-water from Levels I, II, III, Bottled Water and Emergency Supplies can be found in PNSDW 1993 Manual. 5.2 Unsatisfactory bacteriological findings

When coliform colonies in a single standard sample exceed the above values, daily samples from the same sampling point shall be collected and examined until the results obtained from at least two (2) consecutive samples show the questionable water has already achieved satisfactory quality. Daily samples collected following unsatisfactory water samples shall not be included in the total number of samples examined. Neither shall such samples be used as a basis for prohibiting the use of the supply, provided that:

a. Thermotolerant (fecal) coliform bacteria are absent; b. Immediate and active efforts are made to locate the cause of pollution; c. Immediate action is taken to eliminate the cause; and d. Samples taken following such remedial action are satisfactory. The above shall be deemed the minimum bacteriological requirements for a drinking-water supply. Supplies which are intended to be maintained in conditions better than these minimum standards are desirable, but not mandatory. These supplies shall consistently contain no organisms capable of fermenting lactose broth with the production of acid and gas. It is common to examine samples submitted by private individual, owners of private water supplies from deep and shallow wells, for bacteriological quality. In this situation, it is essential that the multiple tube fermentation technique be done and the E. coli tests utilized to confirm thermotolerant (fecal) coliform bacteria.

SECTION 6. BIOLOGICAL REQUIREMENTS The biological examinations of water or, as it is sometimes called, the microscopical

examination, provides a useful tool for the control of raw water quality and treatment processes. It includes a qualitative analysis as well as quantitative estimation of the types of organisms present, generally designated as "plankton".

Biological examinations of water shall be resorted to only if it is desired to:

a. Determine the cause of objectionable tastes and odors in water; b. Aid in the interpretation of various chemical analyses;

c. Identify a specific water when it is mixed with another or different composition;

d. Determine the causes of clogging of distribution pipes and filters or other

treatment units; or e. Detect rapidly the organic pollution of water, contamination with toxic

substances, and cross-connections of distribution system with contaminated waters.

Details on the biological methods used for assessing water quality include the collection,

counting and identification of aquatic organisms can be found in PNSDW 1993 Manual.

SECTION 7. PHYSICAL AND CHEMICAL REQUIREMENTS Whereas frequent bacteriological examination is required to ascertain water potability, chemical examinations are done less frequently and are utilized to detect and estimate the chemical substances that might affect health as well as the acceptability of water for domestic use. Tables 3.3 to 3.6 show the maximum permissible levels of the constituents that affect the quality of drinking water. The methods to be followed are those included in the Standard Methods for Examination of Water and Wastewater, 1989, 17 th Edition or more current.

Initial examinations of water from newly constructed sources are required before they are opened and operated for public use. Periodic examinations of water supply sources shall be performed. At a minimum, surface water and groundwater supplies shall be examined annually. 7.1 Sampling for Chemical and Physical Analysis The actual collection of the water sample is a matter of considerable importance. It is

impossible to state unequivocally how much time may be allowed between the time of collection of a sample and its analysis. This depends on the character of the sample, the particular analyses to be made and the conditions of storage. Procedures in sampling can be found in PNSDW 1993 Manual.

7.1.1 Sample Size One (1) liter sample should suffice for most physical and chemical analyses.

NOTE: No attempt should be made to use the same sample for microbiological and

microscopic examinations because the methods of collection and handling are quite different.

7.1.2 Sample Containers In all cases, the container shall be chosen so that it will not contaminate the sample.

a. Chemically resistant glass (pyrex), polyethylene, or hard rubber are suitable materials for containers. For samples containing organics, avoid plastic containers except those made of fluorinated polymers such as polytetrafluoroethylene (PTFE). Glass containers generally are preferred for volatile organics. Sample containers must be carefully cleaned to remove all extraneous surface dirt, thoroughly rinsed with distilled water and drained before use.

b. Sample containers must be properly labeled. A gummed label, or a cardboard or tag

securely affixed to the container shall be provided with the following information:

-Date and time of sampling -Source of sample -Point of sampling (designed in sufficient detail to enable anyone to collect a second

sample from the identical spot from which the first sample was taken) -Temperature of the sample -Sampled by (name of collector)

7.1.3 Sample Handling and Storage In general, the shorter the time lapse between collection of a sample and its analysis, the

more reliable will be the analytical results. The recommended sampling, preservation and analysis of samples according to parameter

of analysis is presented in PNSDW 1993 Manual. The list is by no means all inclusive.

SECTION 8. RADIOLOGICAL REQUIREMENTS

Radioactive contaminants in drinking-water may come from naturally-occurring radionuclides present in rocks and soils from earth's formation and from man-made radionuclides arising from power generated by nuclear energy. Deep wells, groundwater and mineral springs have been known to be sources of natural radioactivity, principally radium and radon. Deposition of radioactive fall-out from nuclear weapon testing abroad or from nuclear accidents, nuclear power plant facilities or from medical use of radioactive substances may also be a source of contamination. Although the contribution of radioactivity in drinking-water from above sources are very minimal, it is still important to monitor radioactivity to protect the public from undue exposure to radiation. The World Health Organization has set radioactivity levels for gross alpha and gross beta activity as shown in Table 3.7, in radioactivity units of Becquerel per liter (Bq/L). However, these values are only screening values. This means that further analysis for specific radionuclides should be performed when the levels of these values are exceeded. The term screening value is used in the same manner as "reference level" as defined by the International Commission on Radiological Protection (ICRP). A reference level is not a dose limit requirement. It is only used to determine the course of action to be pursued when the value of a quantity is exceeded or is predicted to exceed from the reference level. The action to be initiated may range from simple recording of the information to thorough investigation for causes and consequences and intervention measures. 8.1 Sample Collection and Preparation 8.1.1 Collection of Samples

Samples of drinking-water are collected directly from the source, typically from the household faucets. Groundwater and spring water used as drinking-water are also collected directly from pump wells or deep wells.

8.1.2 Sample Size, Containers, Handling and Storage

One liter of water sample is collected and contained in a properly labeled polyethylene plastic container. After sample collection, the sample is acidified to a pH of less than 2 using minimum amounts of dilute hydrochloric acid to minimize losses caused by adsorption in the container walls as well as to preserve the sample. Radiochemical analysis is then performed in the laboratory at anytime except perhaps when short-lived radionuclides are known to be present in the sample.

8.1.3 Sampling Frequency

Initial sampling can be done on a quarterly basis and succeedingly on an annual basis, if there is no significant input of radiation from the surrounding environment. In cases of emergencies like nuclear accidents from neighboring countries, immediate sampling and analysis should be done.

8.1.4 Resampling

Resampling and reexamination of the source of drinking water shall be performed in cases where gross alpha and gross beta radioactivity levels exceed the standard values. In the event gross alpha activity is exceeded, analysis of specific alpha-emitting radionuclide, Radium-226 and 226 Ra should be conducted. If the gross

beta activity is exceeded, analysis of specific beta-emitting radionuclides , Tritium (3H) and Strontium (90Sr) should be performed. Additional advice maybe obtained from the Philippine Nuclear research Institute, Diliman, Quezon City.

8.2 Methods for Analysis The recommended methods for analyses of gross alpha and gross beta radioactivity, 226 Ra, 3H, and 90Sr (details in PNSDW 1993 Manual) are standardized procedures undertaken by the Health Physics Research Section of the Philippine Nuclear Research Institute. These procedures are based on the procedure manual of Environmental Measurements Laboratory (EML-300) and the United States Environmental Protection Agency (USEPA) Prescribed Procedures for Measurements of Radioactivity in Drinking Water (EPA 600/4-80-032). The determination of gross alpha radioactivity should be made as soon as practicable to minimize the ingrowth of radon and its daughter products in the prepared sample. if the gross alpha and gross beta activity levels are less than the standard values, no further examination is necessary except for routine surveillance as may be required in the vicinity of nuclear installations or other major sources of radionuclides pollution.

SECTION 9. OTHER DETAILS

Details of the following can be found in the PSNDW 1993 Manual.

1. Different chemical constituents and physical characteristics that may affect the aesthetics quality of drinking water.

2. Health significance of different chemicals.

3. Methods of sampling, prevention and detection and estimation of coliform organisms

for drinking water.

4. Sampling, preservation, and method of analysis of samples according to parameters.

5. Forms for request and results for analysis of drinking water.

SECTION 10. PENAL PROVISIONS

The Penal Provisions provided for in the Code on Sanitation of the Philippines shall apply in this Philippine National Standards for Drinking Water 1993.

SECTION 11. SEPARABILITY AND REPEALING CLAUSE The Separability and Repealing Clauses specified in the Code on Sanitation of the Philippines shall likewise apply in this Philippine National Standards for Drinking Water 1993.

SECTION 12. EFFECTIVITY

This order supersedes all other orders inconsistent herewith and shall take effect fifteen (15) days following the date of its publication in a newspaper of general circulation.

(SGD) JUAN M. FLAVIER, M.D., M.P.H. Secretary of Health

019 WATER SUPPLY SECTOR REFORMS OF 1994 NEDA BOARD RESOLUTION NO. 4, SERIES OF 1994- APPROVING THE RECOMMENDATIONS OF THE INFRASTRUCTURE COMMITTEE (INFRACOM) ON THE REFORMS IN THE WATER SUPPLY SECTOR, ( Approved 15 March 1994) On motion duly seconded, BE IT RESOLVED, as it is hereby resolved, to approve and confirm, as the same is hereby approved and confirmed the following recommendations of the INFRACOM: a. Registration with the National Water Resources Board (NWRB) of all well drilling and the

extraction of water therefrom, irrespective of the use of extracted water and ownership of the land where the well is to be drilled. Amendment to Article 6 of the Water Code (PD No. 1067) shall be initiated by NWRB to this effect. Subsequently, NWRB shall formulate rules and regulations for the effective enforcement of this requirement within sixty (60) days after approval of the proposed amendment.

b. Strengthening of the NWRB staff in order to effectively cope with the planning, monitoring,

and implementation activities of the water resources sector. NWRB shall submit an action plan to this effect to INFRACOM for review and endorsement to the President and the NEDA Board.

c. Reorientation of the Local Water Utilities Administration (LWUA) to its original corporate

mission as a "specialized lending institution" financing only viable water supply projects with tariff levels formulated towards full costs recovery. LWUA shall therefore upgrade its banking and finance expertise and immediately complete its financial restructuring. Further, it should radically improve its collection efficiency as well as its database and accounting systems.

d. Privatization of all existing Water Districts (WDs) should be vigorously pursued whenever

feasible and large commercially viable water services like Metro Manila, Cebu, Zamboanga, Davao should be formed or converted into SEC - style private water corporations, independent of LWUA and other government funding institutions but subject to regulation by NWRB.

e. Procurement needs of WDs should be provided based on a competitive basis and not

centrally imposed on them. f. LWUA shall submit an action plan to INFRACOM to effect the recommended reforms for

review and endorsement. g. With respect to the delineation of responsibilities in the sector, NEDA Board Resolution No.

5 (s. 1989) is proposed to be amended to allow local government units (LGUs) to implement all levels of water supply projects consistent with government's decentralization and devolution process, mandating LWUA to implement only financially viable projects and further defining the roles of agencies in the sector. The proposed amendment is as follows:

"Level I (point source system), Level II (communal faucet) and Level III (house connections) water supply projects may be implemented by the concerned LGUs within their jurisdiction. LWUA shall implement only financially viable Level III water supply projects in areas outside the MWSS jurisdiction. DILG's participation will consist of general administration

and institution building, such as assistance to the LGUs in the formation of Rural and/or Barangay Waterworks and Sanitation Associations (RWSAs/BWSAs) as well as in the identification of water supply systems. MWSS will be responsible for Level III water systems in Metro Manila and adjacent areas. DPWH, together with DILG and DOH, will provide technical assistance (within a period of about 2 years) to LGUs in the planning, implementation and operation and maintenance of water supply facilities.

UNANIMOUSLY APPROVED, 15 March 1994.

020 WATER SUMMIT ACTION PLAN OF 1994 Memorandum Order No. 244- APPROVING AND DIRECTING THE IMPLEMENTATION OF THE WATER SUMMIT ACTION PLAN ( Signed by President Fidel V. Ramos, 9 December 1994) WHEREAS, water is a basic necessity essential to human survival. WHEREAS, water is not only basic to human activities but is necessary to sustainable economic development. WHEREAS, water is precious commodity and thus must be conserved and rationally utilized. WHEREAS, in the Philippines, 2,600 people contract water-bourne diseases daily, where 30% of the household do not have access to potable water, and where 50% of potential irrigable areas still needs to be serviced. WHEREAS, there is still a need for more investments by all sectors, both government and private, on safe water and sanitation. WHEREAS, there is an urgent need to properly manage the utilization of the nation's water resources to ensure that human and economic needs are provided for in an economic way. WHEREAS, there are numerous water agencies undertaking and addressing inter-related water activities and concerns. WHEREAS, there is a need to further integrate and coordinate all these water-related efforts towards a more focused approach to water resources management. WHEREAS, all waters belong to the State and as such, its utilization, exploitation, development, conservation and protection is subject to the control and regulation of Government. NOW, THEREFORE, I FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order: Section 1. The Water Summit Action Plan hereto attached as "Annex A" is hereby approved. Section 2. Cabinet Cluster G (Water Resource Management Cluster), as constituted under Memorandum Order No. 243 dated 9 December 1994, is hereby designated as the lead coordinator for the overall implementation of the Water Summit Action Plan. Section 3. All concerned agencies shall submit their specific work plans including the timetable to implement the Water Summit Agreements to Cabinet Cluster G on or before 20 December 1994. An integrated plan of action on the agreements of the Water Summit shall be submitted by Cluster G to the Office of the President by 28 December 1994. Regular monthly reports shall also be submitted by Cabinet Cluster G to the Office of the President on the activities and actions taken thereon. Section 4. This Memorandum Order shall take effect immediately.

DONE, in the City of Manila, this 9th day of December, in the Year of Our Lord, Nineteen Hundred and Ninety Four. (SGD) FIDEL V. RAMOS President of the Philippines By the President: TEOFISTO T. GUINGONA, JR. Executive Secretary -------------------------------------- Annex A WATER SUMMIT ACTION PLAN To ensure the continued provision of adequate, safe and affordable water supply, we hereby submit the following Action Plan as agreed between and among the participants of the National Water Summit held on 9 December 1994 at the Heroes Hall, Malacanang, Manila: POLICY REFORMS 1. Department of Education, Culture and Sports shall make water resources development, utilization and management concerns an integral part of the school curricula; 2. Department of Interior and Local Government shall build the capabilities of Local Government Units to ensure the provision of adequate, safe and affordable water supply to their constituents; 3. Department of Science and Technology, in coordination with the agencies engaged in water and sanitation activities, shall initiate researches on water resources development to determine and disseminate for adoption, the most appropriate and cost effective technologies; 4. National Economic and Development Authority shall put in place the policies and mechanics for ensuring optimum cost recovery, whenever possible, of water resources development and utilization; IMPROVEMENTS IN THE IMPLEMENTATION AND ENFORCEMENT 5. National Water Resources Board shall strictly enforce the provisions of the Water Code and initiate amendments thereto, to require registration of all water well drilling and extractions and to provide for stiffer penalties for violations of the Code; 6. Department of Health shall intensify surveillance of the quality of drinking water and enforce existing rules and regulations on food hygiene and safety; 7. All water related agencies shall provide the National Water Resources Board complete and updated statistical and related information on developments in their respective areas of responsibility in aid of the Board's policy decision making; INSTITUTIONAL ARRANGEMENTS

8. National Economic and Development Authority shall initiate/pursue the setting-up and strengthening of institutional mechanisms for closer coordination among water related agencies; and 9. All water related agencies shall establish and strengthen mechanisms for policy/program consultation and collaboration between and among sectors, i.e. LGUs, NGOs, consumers and other private sector groups. We shall undertake periodic review and updating of these commitments and submit regular status reports to the Office of the President.

(SGD) CIELITO F. HABITO Secretary of Economic Planning and Chairman , Sub-Committee on Water of the Cabinet Cluster D

(SGD) GREGORIO R. VIGILAR Secretary of Public Works and Highways

and Co-Chairman, Sub-Committee on Water of the Cabinet Cluster D

021 NATIONAL WATER CRISIS ACT OF 1995 R.A. 8041-AN ACT TO ADDRESS THE NATIONAL WATER CRISIS AND FOR OTHER PURPOSES (Approved, June 7, 1995) SECTION 1. Short Title - This Act shall be known as the "National Water Crisis Act of 1995." SEC. 2. Declaration of Policy- It is hereby declared the policy of the State to adopt urgent and effective measures to address the nationwide water crisis which adversely affects the health and well-being of the population, food production and industrialization process. Pursuant thereto the government shall address the issues relevant to the water crisis including, but not limited to, supply, distribution, finance, privatization of state run water facilities, the protection and conservation of watersheds and the waste and pilferage of water, including the serious matter of graft and corruption in all the water agencies. SEC. 3. Organization of Joint Executive- Legislative Water Crisis Commission.- Within thirty (30) days after the effectivity of this Act, there shall be organized a Joint Executive-Legislative Water Crisis Commission. The Commission shall be chaired by the Executive Secretary, with the secretaries of the Department of Public Works and Highways and the Department of Environment and Natural Resources, and the chairmen of the appropriate Senate and House committees, as designated by the leaders of both Houses of Congress, as well as a representative of the minority from each house, as members. There shall be a technical staff constituted by representatives of the National Water Resources Board (NWRB), the Metropolitan Waterworks and Sewerage System (MWSS), the Local Water Utilities Administration (LWUA), the appropriate committees of the Senate and the House, and the certified workers' union in the affected water institutions. SEC. 4. Purposes and Objectives- The Commission shall have the following purposes and objectives: (a) To undertake nationwide consultations on the water crisis and in-depth and detailed study and review of the entire water supply and distribution structure; (b) To enhance and facilitate cooperation and coordination between Congress and the executive department in formulating and implementing the government's water crisis management policy and strategy; (c) To recommend measures that will ensure continuous and effective monitoring of the entire water supply and distribution system of the country; and (d) To conduct continuing studies and researches on policy options, strategies and approaches to the water crisis including experiences of other countries similarly situated, and to recommend such remedial and legislative measures as may be required to address the problem. SEC. 5. Powers and Functions - To carry out the aforementioned purposes and objectives, the Commission is hereby authorized: (a) To secure from any department, bureau, office, agency or instrumentality of the government such assistance as may be needed, such as technical information, the preparation and production of reports, and the submission of recommendations or plans, as it may require;

(b) To designate by resolution the watershed areas in which developmental undertakings are to be suspended; and (c) Generally, to exercise all the powers necessary, relevant and incidental to attain the purposes and objectives for which it is organized. SEC. 6. Negotiated Contracts.- For projects to be implemented under Build-Operate-Transfer (BOT) and/or related schemes, the President of the Republic may, for a period of one (1) year after the effectivity of this Act, enter into negotiated contracts for the financing, construction, repair, rehabilitation, improvement and operation of water facilities and projects related to increasing water supply, its treatment and its distribution to industrial and household consumers: Provided that there is no government financing or financing guarantee for the contracts, except for the requisition of right-of-away. The contract shall be awarded only to contractors with proven competence and experience in similar projects, competent key personnel, efficient and reliable equipment, and sound financial capacity. SEC. 7. Reorganization of the Metropolitan Waterworks and Sewerage System (MWSS) and the Local Waterworks and Utilities Administration (LWUA).- Within six (6) months from the approval of this Act. the President of the Republic is hereby empowered to revamp the executive leadership and reorganize the MWSS and the LWUA, including the privatization of any or all segments of these agencies, operations or facilities if necessary, to make them more effective and innovative to address the looming water crisis. For this purpose, the President may abolish or create offices, transfer functions, equipment, properties, records and personnel; institute drastic coast-cutting and other related measures to carry out the said objectives. Moreover, in the implementation of this provision, the prescriptions of Republic Act No. 7430, otherwise known as the "Attrition Law," shall not apply. Nothing in this section shall result in the diminution of the present salaries and benefits of the personnel of the MWSS and the LWUA: Provided, That any official or employee of the said agencies who may be phased out by reason of the reorganization authorized herein shall be entitled to such benefits as may be determined by existing laws. The President may upgrade the compensation of the personnel of the MWSS and the LWUA at rates commensurate to the improved and efficient revenue collection of the two agencies as determined by the Board of Trustees and the same shall be exempted from the provisions of Republic Act No. 6750, otherwise known as the "Salary Standardization Law," to take effect upon a reduction of non-revenue water to forty percent (40%) and upon approval by the respective board of trustees of the MWSS and the LWUA of their budgets. SEC. 8. Anti-Pilferage. It is hereby declared unlawful for any person to: (a) Destroy, damage or interfere with any canal, raceway, ditch, lock, pier, inlet, crib, bulkhead, dam, gate, service, reservoir, aqueduct, water mains, water distribution pipes, conduit, pipes, wire benchmark, monument, or other works, appliance, machinery, buildings, or property of any water utility entity, whether public or private; (b) Do any malicious act which shall injuriously affect the quantity or quality of the water or sewage flow of any waterworks and/or sewage system, or the supply, conveyance, measurement, or regulation thereof, including the prevention of, or interference with any authorized person engaged in the discharge of duties connected therewith;

(c) Prevent, obstruct, and interfere with the survey, works, and construction of access road and water mains and distribution network and any related works of the utility entity; (d) Tap, make, or cause to be made any connection with water lines without prior authority or consent from the water utility concerned; (e) Tamper, install or use tampered water meters, sticks, magnets, reversing water meters, shortening of vane wheels and other devices to steal water or interfere with accurate registry or metering of water usage, or otherwise result in its diversion in a manner whereby water is stolen or wasted; (f) Use or receive the direct benefit of water service with knowledge that diversion, tampering, or illegal connection existed at the time of that use, or that the use or receipt was otherwise without the authorization of the water utility; (g) Steal or pilfer water meters, main lines, pipes and related or ancillary facilities; (h) Steal water for profit or resale; (i) Knowingly possess stolen or tampered water meters; and (j) Knowingly or willfully allow the occurrence of any of the above. SEC. 9. Prima Facie Evidence - The presence of any of the following circumstances shall constitute prima facie evidence of theft, pilferage, or of any unlawful acts enumerated in Section 8 hereof: (a) The existence of illegal or unauthorized tapping to the water main or distribution pipe; (b) The existence of any illegal connection such as a reversed meter, shortened vane wheel, bypass or other connections which adversely affect the registration of the water meter; (c) The presence of a bored hole in the glass cover of the water meter, or at the back of or any part of the meter including the vertical vane; (d) The presence of tampered, or fake seals on the meters. Inspection of tampered water meters shall be done in the presence of the registered water consumer; (e) The presence of a reversed meter in the premises, insertion of rod, wire, or stick in the meter, filed or shortened vane wheel, removal or altering of any part of the meter mechanism, use of magnet and any similar illegal devices which interfere with the meter registration; (f) Destruction of the meter protection and other metering accessories; or (g) Abnormal imprints, traces or marks found in the meter assembly. The prima facie shall not apply to tenants who have occupied the house or dwelling for ninety (90) days or less. SEC. 10. Special Aggravating Circumstances. The following shall be considered as aggravating: (a) When the violation is committed in conspiracy with at least another person, or both of whom shall be considered as principals;

(b) When the offense is committed by, or in connivance with, private plumber, officer or employee of the water utility concerned, who shall all be considered as principals; or (c) When the violation is coupled with the sale from a source which is illegal, or unregistered, or unauthorized, or a source with a tampered meter. SEC. 11. Penalties- The water utility concerned shall have the right and authority to disconnect the water services, five (5) days after service of written notice to that effect, except on Sundays and holidays, without need of a court or administrative order, and deny restoration of the same when a prima facie evidence of theft or pilferage shall have been established in accordance with Section 8 hereof: Provided, That a notice shall have been issued even upon discovery for the first time of the presence of any of the circumstances herein enumerated: Provided, further, That the water service shall not be disconnected or shall be immediately restored upon deposit, by the person concerned, of the difference in the billing made by the water utility concerned: Provided, finally, That the deposit shall be credited against future billings, with legal interest thereon where the alleged theft, pilferage or current diversion has not been committed, without prejudice to being indemnified for damages in accordance with the Civil Code and other existing laws. A written notice of seventy-two(72) hours is necessary to effect water service disconnection upon the discovery for the second time of any of the circumstances enumerated in Section 8 hereof. Any person who shall violate Section 8 hereof shall be punished by imprisonment of six(6) months to two(2) years and a fine not exceeding double the amount of the value of the damaged facilities: Provided, however, That if the offender is assisted in the commission of the crime by a plumber, office or employee of the water utility concerned, the said employee, officer or plumber shall be punished by imprisonment of two(2) years to six (6) years: Provided, further, That if the water is stolen for profit or resale, the offender shall be punished imprisonment from six (6) to twelve (12) years. If the offender is a juridical person, the penalty shall be imposed on the chairman, president, general manager, administrator, and the officers thereof who shall have knowingly permitted, or are otherwise responsible for the commission of the offense. SEC. 12. Issuance of Guidelines, Implementing Rules and Regulations- Within one (1) month from its organization, the Commission shall cause the issuance of guidelines, implementing rules and regulations necessary to carry out the provisions of this Act. SEC. 13. Commission's Report.- the Commission shall submit a quarterly report to the President and to Congress on the implementation of this Act. SEC. 14. Sunset Clause - The Joint Executive-Legislative Water Crisis Commission shall complete its report and submit its recommendation to the President and to Congress within a period of six (6) months after its formal organization. After such period, it shall cease functus officio. SEC. 15. Separability Clause- If, for any reason, any provision of this Act is declared unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect. SEC. 16. Repealing Clause. - All laws, decrees, orders, rules, and regulations, or portions thereof, inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 17. Effectivity Clause- This Act shall take effect fifteen (15) days following its publication in at least two (2) national newspapers of general circulation or in the Official Gazette. Approved June 7, 1995 Published: Official Gazette, August 7, 1995

022 OFFICIAL DEFINITION OF WATER SUPPLY TERMS OF 1995 NEDA BOARD RESOLUTION NO. 12, SERIES OF 1995 - APPROVING THE COMMON DEFINITION OF TERMS RELATIVE TO WATER SUPPLY, SEWERAGE AND SANITATION, (Approved, 13 June 1995)

On motion duly seconded,

BE IT RESOLVED, as it is hereby resolved to approve as it is hereby approved, the official and common definition of terms relating to water supply , sewerage and sanitation. All government agencies/ instrumentalities, including local government units (LGUs), shall henceforth adopt the aforementioned common definition of terms as formulated by NEDA.

UNANIMOUSLY APPROVED, 13 June 1995. ------------------- Annex A DEFINITION OF TERMS in WATER SUPPLY Access to Water Supply Facilities - access to water supply is categorized as follows:

Level I - the farthest user is not more than 250 meters from the point source.

Level II - the farthest house is not more than 25 meters from communal faucet system.

Level III - the house has service connection from the system. Adequately Served - refers to those with access to safe water in accordance with the following

rate of consumption: Level I - at least 20 liters/capita/day Level II - at least 60 liters/capita/day Level III - at least 100 liters/capita/day Aquifer -water-bearing strata. Appropriate Technology - technology suited to local conditions and resources. Barangay Waterworks and Sanitation Associations (BWSAs) - non-stock, non-profit

organizations envisioned to operate and manage Level I water supply facilities. Contaminated Water - water that contains microorganisms, chemicals, industrial or other wastes

and is hence unfit for its intended use. Infiltration Galleries - horizontal conduits which intercept and collect water over the entire

length. Levels of Service

1. Level I (point source) - a protected well or a developed spring with an outlet but without a distribution system, generally adaptable for rural areas where the houses are thinly scattered. A Level I facility normally serves an average of 15 households.

2. Level II (communal faucet system or standpost) - a system composed of a source, a reservoir, a piped distribution network, and communal faucets. Usually, one faucet serves 4 to 6 households. Generally suitable for rural and urban fringe areas where houses are clustered densely to justify a simple piped system. 3. Level III (waterworks system or individual house connections) - a system with a source, a reservoir, a piped distribution network and household taps. It is generally suited for densely populated urban areas.

Non-Revenue Water/Unaccounted-For-Water/Unbilled Water - portion of the total water

production that is not billed. This goes to the following:

1. leaks

2. pilferages

a. illegal connections

b. illegal devices

i) by-pass; ii) un-authorized withdrawal from stub-outs; iii) water meter manipulations

c. illegal withdrawal from fire hydrants

3. use of unmetered fire hydrants

4. technical losses

a. under-registration of water meter due to aging

b. under-registration of water meter due to very low water pressure

c. under-registration of water meter due to mismatching of water meter to the size of connection.

5. unmetered services/fixed rate

Population Served - no. of population adequately served by a water system

Level I - no. of Level I system x 15 HH x 6/HH Level II - no of Level II facility x 5 HH x 6/HH (Rural) Level II - no. of Level II facility x 60 HH x 6/HH (MWSS Service Area)

Level III - no. of connections x no. of persons served/connection Population Underserved - population inadequately served. Population Unserved - population without access to water supply facility. Private Water System - privately-owned water supply system Public Water System - system owned by the government Rainwater Cisterns/Collectors/Catchers - reservoirs, tanks or vessels for the storage of

rainwater. Reliable Water Supply - efficient delivery of water supply in terms of quantity and quality. Revenue Water - billed water; accounted-for-water Rural Area - all areas not falling under the urban classification. Rural Waterworks and Sanitation Association (RWSAs) - non-stock, non-profit organizations

envisioned to operate and manage level II water supply facilities. Safe Drinking Water/Potable Water - water that is free of microorganisms or disease-producing

bacteria (pathogens). In addition, the water should not possess undesirable tastes, odors, color, levels of radioactivity, turbidity or chemicals and it should pass the standards of the Philippine National Standards for Drinking Water.

Saltwater Intrusion - encroachment of salt water upon fresh water. Service Area - geographic jurisdiction of water utilities. Service Coverage - the number of people a facility can serve. Urban - definition includes the criteria on the economic and social functions of barrios,

poblaciones and central districts as follows:

1. In their entirety, all municipal jurisdictions which, whether designated as chartered cities, provincial, capital or not, have a population density of at least 1,000 persons per square kilometer.

2. Poblaciones or central districts of municipalities and cities which have a population

density of at least 500 persons per square kilometer.

3. Poblaciones or central districts (not included in nos. 1 and 2) regardless of population size which have the following:

a. Street pattern, i.e., network of street in either at parallel or right angle

orientation;

b. At least six establishments (commercial, manufacturing, recreational and/or personal service); and

c. At least three of the following:

i) a town hall, church or chapel with religious services at least once a

month; ii) a public plaza or cemetery; iii) a market place or building where trading activities are carried on at

least once a week; and iv) a public building like school, hospital, puericulture and health center

or library.

4. Barrios/barangay having at least 1,000 inhabitants which meet the conditions set forth in no. 3 above, and in which the occupation of the inhabitants is predominantly non-farming/fishing.

Water permit - is a document to appropriate water rights. Water right - is the privilege granted by the government to use and appropriate water. Water Supply - the supply of water for domestic, municipal, industrial/commercial uses. Water Supply Coverage - refers to the number of people in a given community or geographical

area who have access to safe water. The extent to which the population of a geographical area is covered (expressed in terms of the number of people served compared to the total population of that community or area).

Water Sources

1. Groundwater - is that portion of the rainwater which has percolated into the earth to form underground deposits called aquifers (water-bearing soil formations). Groundwater as a source of water supply can be extracted through the following:

a. wells - groundwater can be tapped by digging a hole or sinking pipes into the

ground and installing water-drawing equipment such as pumps. Wells can be classified according to the following:

i) Deep Well - are wells with depths greater than 20 meters constructed

in areas characterized by aquifers or water-bearing formations generally located at a depth of more than 20 meters below ground surface (mbgs).

ii) Shallow Well - are wells with depth of not more than 20 meters and are

recommended for rural water supply development, particularly levels I and II services. Static water level in these areas are generally within 6 meters below ground surface.

iii) Dug Well - normally circular or rectangular in shape, with a diameter

ranging from 1 to 1.5 meters. After the well is dug, it is necessary to put a lining made of permanent materials like

masonry, brickworks or reinforced concrete which serve as protection against surface or outside contamination.

b. Springs - spring water occurs when water in water-bearing stratum reaches the

surface of the ground. Spring can be developed by enlarging the water outlet and constructing an intake structure for water catchment and storage.

2. Surface Water - is a mixture of surface run-off and groundwater. Surface sources

include rivers, lakes, streams, ponds and impounding reservoirs. ---------------------------------- (For Annex B, please refer to Volume 2- Wastewater Disposal Systems)

023 WATER SUPPLY IRR (1995) OF SANITATION CODE IMPLEMENTING RULES AND REGULATIONS OF CHAPTER II - "WATER SUPPLY"OF THE CODE ON SANITATION OF THE PHILIPPINES (P.D. 856),(Approved by the Secretary of Health, 24 November 1995)

To carry out the provisions of Chapter II - "Water Supply" of the Code on Sanitation of the Philippines, these rules and regulations are hereby formulated for implementation and strict compliance of all concerned. SECTION 1 : SCOPE

These implementing rules and regulations shall apply to all public and private water supply system project planned by any government agency or instrumentality including government-owned or controlled corporations, private organizations, firms, individuals or other entities. SECTION 2 : DEFINITION OF TERMS

As used in these rules and regulations, the terms below shall be defined as follows: 1. Artesian Well - a well where water is confined under hydrostatic pressure between two

relatively impervious layers such as rock formations. 2. Bored Well - a well constructed by manually driven augers into the ground. 3. Cistern - a water-tight tank used to store water. 4. Coliform Organisms - any rod-shaped, non-spore-forming, gram negative bacteria

capable of growth in the presence of bile salts, or other surface-active agents with similar growth-inhibiting properties which are cytochrome-oxidaze negative and able to ferment lactose at either 35oC or 37oC with the production of acid, gas and aldehyde within 24-48 hours.

5. Complete Treatment - a series or combination of water treatment processes which shall

include coagulation, adsorption, sedimentation, slow and rapid sand filtration, aeration and chlorination.

6. Contamination - a general term referring to the introduction of materials not normally

found in water that make the water less desirable or unfit for its intended use. 7. Deep Well - a well with depth greater than 20 meters constructed in areas characterized by

aquifers or water-bearing formations generally located at a depth of more than 20 meters below ground surface.

8. Department - the Department of Health

9. Disinfection - water treatment processes designed to destroy disease-causing organisms. The efficacy of disinfection is often assessed by measuring the coliform group of indicator organism.

10. Doubtful source - a water supply facility or source that is subject to re-contamination

(e.g. open dug well, unimproved spring, surface water). 11. Drilled Well - a well constructed by percussion or rotary drills. 12. Drinking water - water intended for direct human consumption or for use in food

preparation. 13. Driven Well - a well constructed by driving an iron pipe with a well point at lower end

into the ground water bearing stratum. 14. Dug Well - a well normally circular or rectangular in shape, with diameter ranging from 1

to 1.5 meters. After the well is dug, it is necessary to put a lining made of permanent materials like masonry, brickworks of reinforced concrete which serve as protection against surface or outside contamination. An open dug well shall mean a well dug manually or mechanically to draw water by use of bucket or any container attached to a rope.

15. Groundwater - that portion of the rainwater which has percolated into the earth to form

underground deposits called aquifers. 16. Level I (point source) - a protected well or a developed spring with an outlet but without

distribution system, generally adaptable for rural areas where the houses are thinly scattered. A Level I facility normally serves around 15 households.

17. Level II (communal faucet system or standposts) - a system composed of a source, a

reservoir, a piped distribution network and communal faucets, generally suitable for rural and urban fringe areas where houses are clustered densely to justify a simple piped system. Usually, one faucet serves 4 to 6 households.

18. Level III (waterworks system or individual house connections) - a system with a source,

a reservoir, a piped distribution network and household taps, generally suited for densely populated urban areas.

19. Local Health Authority - a government official or employee responsible for the

application of a prescribed health measure in a local political subdivision. It is the provincial governor, city or municipal mayor, as the case maybe.

20. Local Health Officer - provincial, city or municipal health officer. 21. MPN (Most Probable Number) - a statistical method of determining microbial

populations. A multiple dilution tube technique is utilized with a standard medium and observations are made for specific individual tube effects. Resultant coding is translated by mathematical probability tables into population numbers.

22. Pipe Lines - pipes used to transport water.

23. Polluted Water - water whose physical, chemical, bacteriological, biological and radioactive properties have been altered due to the presence of domestic sewage, industrial waste or other substances in water that are possibly objectionable or harmful to human lives.

24. Potable Water/Safe Drinking Water - water that is free of microorganisms or disease-

producing bacteria (pathogens). In addition, the water should not possess undesirable taste, odor, color, levels of radioactivity, turbidity or chemicals and it should pass the standards of the Philippine National Standards for Drinking Water.

25. Public or Private Water Supply System - a government or private owned system for the

provision of potable water for human consumption. The water system could either be of Level I (point source), Level II (communal) or Level III (waterworks) type. The system includes a) any collection, treatment, storage and distribution facilities under the control of the operator of such system and used primarily in connection thereto; and b) any collection, pre-treatment, or storage facilities not under the control of the operator of the system which are used primarily in connection with such system.

26. Reservoir - a pond, lake or basin, either natural or artificial, designed for storage,

regulation and control of water. 27. Sanitary Engineer - a person duly registered with the Board of Examiners for Sanitary

Engineers (R.A. 1364) and who heads the sanitation division or section or unit of the provincial/city/municipal health office or employed with the Department of Health or its regional field health units.

28. Sanitary Seal - a mixture of cement and water placed in the annular space of the well

casing and drill hole to seal space and about 3 meters deep to prevent the intrusion of water.

29. Sanitary Survey - an activity to inspect and investigate the existing environmental

conditions around the water source which may affect the quality of the water. 30. Sanitation Inspector - a government official or personnel employed by the national,

provincial, city or municipal government, who enforces sanitary rules, laws and regulations and implements environmental sanitation activities under the supervision of the provincial/ city/municipal health officer/sanitary engineer.

31. Secretary - the Secretary of Health 32. Shallow well - a well measured from the natural ground surface with a depth of not more

than 20 meters. 33. Springs - ground water seepage visible at the earth's surface due to hydrostatic gradient

or head. 34. Surface Water - a mixture of surface run-off and groundwater. Surface sources include

rivers, lakes, streams, ponds and impounding reservoirs. 35. Test Well - an excavation made to determine the quality and quantity of water. 36. Water Hauler - any person, firm or company who transports, stores, delivers and

operates equipment used to transport or deliver water for human consumption.

37. Water Supplier - any entity, government or private company, responsible for source

development, water abstraction, treatment and distribution of water. 38. Well - a man- made hole used for recovering ground water from the water-bearing strata

by digging, boring, drilling or by any other method. 39. Well Driller - an individual, partnership, corporation, cooperative and the like who

undertake well drilling work or activities for the purpose of extracting ground water. SECTION 3 : PRESCRIBED STANDARDS AND PROCEDURES 3.1 Standard Parameters and Values for Drinking Water

Before water is used, distributed or sold for drinking, it should pass the criteria on standard parameters and values for bacteriological, physical, chemical, biological and radiological quality set by the Philippine National Standards for Drinking Water.

3.2 Water Treatment

Treatment is necessary so as to render water supply potable. The degree and manner of treatment will depend on the quality of the raw water, however, the bacteriological quality shall be used as the main criterion. No water supplier shall be allowed to operate water system for public use unless necessary treatment has been provided.

For the purpose of classifying and evaluating raw water quality with respect to its treatment requirements, the following criteria shall be used:

1. Group I. Water Requiring Disinfection Only: Water from underground or

surface sources subject to a low degree of contamination, and having a MPN of coliform organisms not exceeding 50 per 100 ml.

2. Group II. Water Requiring Complete Treatment: Water from underground or

surface sources having a MPN of coliform organisms 50 per 100 ml. to not more than 5,000 per 100 ml.

3.3 Water Disinfection a. Disinfection of water supply facilities shall be required for the following:

1. Newly constructed water supply facilities.

2. Water supply facility that has been repaired/improved.

3. All existing water facilities that exceeded the bacteriological value set by the Philippine National Standards for Drinking Water.

4. All water facilities that require continuous disinfection.

5. Drinking water collected from a doubtful source.

b. Disinfectant

Chlorine shall be used as the main water disinfectant. Other disinfectant shall be used provided that it has residual effect to ensure disinfecting capacity in the distribution system.

c. Responsible Agencies/Persons for Disinfection

Water disinfection shall be the responsibility of the following as shown on the table: Type of Water Supply

Agencies/Persons

Responsible for Disinfection

Person Responsible

Public Level I (wells, springs) Levels II & III Private Wells

BWSA, Barangay Official and Local Health Agency Water Supplier (e.g. MWSS, LWUA or water district) Individual/Owner

Caretaker with Sanitation Inspector(SI) Waterworks Personnel Private Owner with SI technical assistance

d. Requirements for Chlorination of Level II and III Water Supplies.

1. Appropriate chlorination equipment shall be installed to ensure continuous and effective disinfection.

a. Chlorination equipment shall have a capacity of at least 50% greater than

the highest expected dosage to be applied at anytime to attain satisfactory

operation.

b. Automatic proportioning of chlorine dosage to the rate of flow of treated water shall be provided at all plants where rate of flow varies more than 50% above or below the average flow. Manual control is permissible when the rate of flow is relatively uniform or an attendant is present to effect dosage adjustments.

c. Standby units shall be provided to ensure continuous operation.

d. Solution of calcium hypochlorite shall be prepared in a separate mixing

tank, diluted and allowed to settle so that only clear supernatant liquid is withdrawn from the solution storage tank and to the chlorinator.

e. Devices and instruments for the determination of the amount of daily

chlorine dosage and chlorine residual shall be provided.

2. Suitable gas mask or self-contained type breathing apparatus and a small bottle of

fresh ammonia solution to test for chlorine leakage shall be provided and shall be accessible outside the chlorination room.

3. Safety measures for gas chlorination equipment and chlorine storage shall include

a separate building or room subject to the approval of the Department of Health.

4. Adequate floor level ventilation shall be provided for all enclosures where chlorine is being fed or stored.

5. Free residual chlorine shall be maintained between 0.20 to 0.50 ppm until the

water reaches the consumer and the farthest point in the distribution system. e. Requirements for Complete Chlorination of Level I Water Supply Facility

1. A dose of 50-100 ppm chlorine solution shall be used in disinfecting Level I water supply facility. (See Annex - Chlorine Requirement to have 50 - 100 ppm dosage)

2. The person who will conduct the chlorination shall observe personal hygiene and

must be free from communicable disease.

3. Procedures to follow on disinfection:

a. Improved Dug Well

i. Scrub interior walls of the casing or lining and splash with chlorine solution (50 - 100 ppm) to ensure thorough contact of solution to the surface.

ii. Wash the exterior surface of the pump cylinders and drop pipe

with chlorine solution as the assembly is lowered into the well.

iii. Return cover of the well and pour chlorine solution through a manhole or pipe sleeve opening before inserting the pump cylinder and drop pipe assembly. After setting the pump, draw out water from the well until strong odor of chlorine is noted.

iv. After 12 hours, flush out well water by pumping water to waste

until the drawn water is free from chlorine odors. Rinse the exterior surface and the pump cylinder with potable water.

b. Drilled, Driven and Bored Wells

i. Slowly pour chlorine solution into the well just before installing

the permanent pumping equipment. Dilution of chlorine is facilitated by alternately raising or lowering the waterhose or pipe line.

ii. Wash the exterior surface of the pump cylinder and drop pipe with chlorine solution as the assembly is lowered into the well.

iii. After the pump has been set, operate the pump until water is

discharged.

iv. Allow chlorine solution to remain in the well for 12 hours. For deep well, a special method maybe employed as follows:

Place the granulated calcium hypochlorite in a cut short pipe capped at both ends. Small holes are drilled at each cap or sides of the pipe. One cap is fitted with an eye for cable attachment. Disinfecting agent is diffused by vertical movement of the cut short pipe.

v. After 12 hours, draw out well water. The pump is to be

operational when pumped water is free from chlorine odor.

c. Spring

i. Disinfection of spring intake box is similar to the procedure used for improved dug wells.

ii. If the flow cannot be controlled, continuous supply of disinfectant

shall be provided.

d. Cistern

i. The cistern shall be thoroughly cleaned by using a stiff brush or broom to clean interior walls.

ii. Drain and cover the cistern.

iii. Fill the cistern with adequate potable water and add 50 -100 ppm

chlorine solution.

iv. Pump water from the cistern and note the presence of strong chlorine odor in the entire water distribution system.

v. Retain the disinfectant in the cistern for 24 hours then examine for

residual chlorine and drain.

vi. Flush the system with potable water to remove all traces of chlorine.

f. Requirements for Household Container Disinfection

1. Procedures to follow:

1.1 Prepare a stock solution by dissolving 1 level teaspoon of powder

Chlorine compounds ( 65 to 75% available chlorine) to one liter of water. This stock solution is effective only for one week.

1.2 Add two teaspoons of stock solution to 5 gallons (20 liters) of water. Mix

thoroughly and let it stand for at least 30 minutes before using. 3.4 Standard Construction and Operating Procedures

a. Ground Water Source

1. Well

1.1 The location of well site shall conform with the following requirements:

a. No well site shall be located within a distance of less than 25 meter radius on flat areas from sewage treatment plant, sewage wet well, sewage pumping station, or a drainage ditch which contains industrial waste discharges or wastes from sewage treatment systems, sanitary landfill or land irrigated by sewage treatment plant effluent, sanitary sewers, septic tanks, cesspools, open-jointed drain-fields, animal feed lots or livestock in pastures, dump grounds, especially in limestone areas. Storm and sanitary sewers located within specified distances shall be so constructed as to prevent leakage.

b. The drilling of water well within 50 meter distance from a

cemetery is prohibited.

1.2 During drilling operation, the following requirements shall be observed:

a. The premises, materials, tools, and drilling equipment shall be properly maintained to minimize contamination of underground

water.

b. Water used in drilling operation shall be potable.

c. Slush pit shall be constructed and maintained to minimize contamination of the drilling mud.

d. Approved type of pit privy or toilet facilities for use of drilling

personnel shall be provided. These facilities shall be located 25 meters from the well being drilled. Upon completion of the constructed well, toilet facilities if temporarily constructed shall be removed in a satisfactory manner. No temporary and permanent toilet facilities shall be maintained within 25 meters from the well being constructed unless they are of the sealed or leak proof types.

1.3 Casing materials used in the construction of public wells shall conform

with the American Standards for Testing Materials (ASTM). The casing shall extend at least to the depth of the shallowest water formation or deeper if necessary to omit undesirable water bearing strata.

1.4 The annular space between the casing and the drill hole shall be sealed with neat cement grout to the minimum depth of 3.0 meters for shallow wells and 10.0 m for deep well.

1.5 In all cases, provide a concrete apron at least 2 meters square around the

well head, sloped not less than 2% to drain away excess water.

1.6 Provide vent with # 16-mesh corrosion resistant screen, faced downward and elevated to minimize drawing of contaminants into the well. Seal well heads and pump bases using gaskets, sealing compounds and proper venting to prevent possible contamination to the well water.

1.7 A complete physical and chemical analysis of water from a new well

shall be conducted after 36 hours of pumping out water is done.

1.8 If the results show that the water is bacteriologically positive (+), appropriate water treatment facilities shall be provided otherwise the well shall be abandoned. The well shall be disinfected in accordance with the standard requirements set by these implementing rules and regulations. Collect two water samples for two week interval for bacteriological analysis.

1.9 When contamination of a well water source has been confirmed by

laboratory test and the sources of contamination is definitely known but cannot be removed, the well must be condemned. The well opening must be plugged or sealed with concrete or other similar materials. If used for other purposes like atering gardens and washing clothes a signboard marked "Water Unfit For Drinking " shall be installed.

1.10 Pump site, rapid pump room location and pump installation:

a. All completed well units shall be preferably protected by fences,

the gates provided with locks, or enclosed to prevent possible contamination or damage of facilities by trespassers.

b. The well site shall be properly graded to insure proper ground

maintenance and to draw off surface water effectively from the well. In all cases, provide a system that draws off water from the pump well, leakage from packed gravel, and floor drainage, by installing suitable drain pipes located at the edge of the concrete floor to prevent ponding around the well head. This waste water shall be properly disposed. Drains shall not be directly connected to storm or sanitary sewers.

c. In water supply installation at sub-ground level, pump rooms and

pump pits are prohibited. Pump room floor shall be at least 60 cm. above the highest known flood level and/or adequately protected from possible damage by flood waters.

2. Spring

a. Intake box or enclosure must be watertight, made of concrete, vitrified tile or other material extending to the water bearing strata down to the bed rocks or other impervious formations.

b. The intake box must be provided with a water tight cover which

extends over the top edge of the spring box at least 50 mm.

c. A drain pipe with an exterior valve is to be placed close to the spring box near the bottom. The pipe shall extend horizontally so as to clear the normal ground level at the point of discharge by at least 150 mm. The discharge end of the pipe shall be screened to prevent the entrance of rodents or insects.

d. The spring is to be provided with screened overflow pipe located

slightly below the maximum water level elevation. A drain apron is to be provided to prevent soil erosion at the point of overflow discharge.

e. The supply outlet from the developed spring is to be located about

150 mm above the drain outlet and screened.

f. Manhole opening shall have a watertight curb with edges projecting a minimum of 100 mm above the level of the surrounding surface.

The edges of the manhole cover shall overlap the curb and project

downward a minimum of 50 mm.

g. Care shall be taken in casting openings to insure watertight connection between the wall and the openings.

h. A drainage ditch located at least 25 meters away on the uphill side of the spring shall be constructed to prevent contamination and flooding of the water source.

i. The intake box shall be properly enclosed preferably constructed

of strong materials. The height of the fence shall be at least 1 1/2 meters high. The enclosed area shall be maintained clean to eliminate harborage and breeding of insects.

j. Washing and bathing within 25 meters radius of the spring is

prohibited.

k. Protection of the entire catchment area is a must. No dwellings shall be constructed within the catchment area and it shall be off-limits to people and animals.

l. Collect water samples regularly as prescribed by the Philippine

National Standards for Drinking Water. 3.5 Monitoring Scheme

The local health authority shall establish a Water Surveillance Program thru the creation of Local Drinking Water Quality Monitoring Committee to oversee the operation of the water systems and the quality of water produced and distributed by them and to monitor the implementation of the provisions of these implementing rules and regulations.

a. Composition

The Local Drinking Water Quality Monitoring Committee shall be

composed of but not limited to representatives from:

i. Municipal/City Health Authority-Chairman

ii. Rural Health Unit/City Health Department

iii. Water Districts/Private Water Suppliers

iv. Sangguniang Panlalawigan/Panlungsod/Bayan

v. Municipal/City Engineer's Office

vi. Department of Environment and Natural Resources Representative (CENRO)

vii. Non-Government Organizations and Professional Groups

Related to Health and Sanitation

viii DOH Representative to the Local Health Board

ix. Provincial Health Office (Provincial Sanitary Engineer)

b. Functions of the Committee

The committee shall be responsible for:

i. Regular collection/analysis of water samples;

ii. Evaluating laboratory results as to their compliance to standards;

iii. Conducting regular or immediate sanitary survey during the existence of a potential cause of contamination;

iv. Instituting remedial measures to correct the deficiency of the

water system ;

v. Informing the public of the latest quality of the drinking water in the locality; and

vi. Performing other functions related to water quality assurance.

SECTION 4 : APPROVAL AND PERMIT

The approval of the Secretary or that of his duly authorized representative is required under each of the following cases: a. Sites of Water Sources before their Construction.

Any person who intends to drill, construct, alter or repair water supply system, shall secure a Drinking Water Site Clearance from the local health authority prior to the start of the work. The approval of the application shall be based on the recommendations made by the local health officer after the conduct of the sanitary survey. The sanitary survey report shall contain all pertinent information concerning the water source and possible sources of contamination.

Major water supply projects particularly of surface water sources that fall under the Environmental Impact Statement System are exempted from site clearance requirements, provided an Environmental Health Impact Assessment has been conducted as part of the Environmental Impact Assessment.

If the work on the individual water supply system failed to commence within six (6) months from date of issuance, the site clearance shall automatically expire.

b. Delivery of Water to Consumers from New or Recently Repaired Water Systems.

Permit to deliver water to consumers from new or recently repaired water systems shall be granted only if:

1. Final inspection by the local health officer proves that the water supply was

constructed in accordance with the submitted plans and specifications.

2. The disinfection of water supply system conformed with Section 3.3 - Water Disinfection of these rules and regulations.

3. Results of laboratory analysis proved that the water quality meets the Philippine

National Standards for Drinking Water.

4. The water supplier or the owner of the completed water supply system shall notify the local health officer of the completed system.

c. Resumption of the Operation of Water Supply System.

1. In cases when water supply is found to be unsafe or unfit for consumption, the operator of the system, shall be ordered to:

a. Stop temporarily to make necessary corrections within a specified period.

b. Provide substantial quantity and good quality of water to the affected

consumers during the correction period. Failure to provide emergency water supply should be subject to fines and penalties. A permission to re-operate from the local health authority upon the recommendation of the local health officer shall be given only when all defects have been corrected and the water found safe for drinking and domestic use.

d. Plans and Specification of Water Systems of Subdivision and Projects prior to the

Construction of Housing Units thereat.

1. To obtain approval for the construction of any water supply system, the applicant shall submit the plans and specifications of the proposed systems, and satisfy the standard requirements of these implementing rules and regulations. Plans and specifications shall be prepared by a registered civil/sanitary engineer, the seal, signature and registration number of the engineer or the engineering firm shall be imprinted on each sheet of the plan.

2. An engineering report or feasibility study of the new system shall be submitted

with or prior to the submission of the plans and specifications.

The report coverage shall include the following items.

2.1 Statement of the problem or problems. 2.2 Present and future areas to be served, with population data.

2.3 The source, quantity and quality of water.

2.4 Present and estimated future maximum and minimum water quantity

demands.

2.5 Description of the proposed site and the immediate surroundings of the waterworks units.

2.6 The type of water treatment, equipment and capacity of units.

2.7 Basic design data, pumping capacity, water storage, and flexibility of

system operation.

2.8 Adequacy of facilities concerning volume/ quantity and pressures in the whole system.

2.9 Cost estimate of the facilities and source of funds for the project.

2.10 Sustainability and maintenance.

3. For subdivision having groundwater source, report on the estimated specific yield of the aquifer and other results of the pumping tests shall be submitted together with the borehole logs.

4. Two (2) sets of all plans and drawings shall be submitted which:

4.1 Indicate location of all facilities pertinent to the specific project.

4.2 If phase construction is anticipated, the overall plan shall be presented,

though a portion of the construction is approved.

4.3 A plan of the subdivision or other housing projects to be served. e. Certification of the Potability of Drinking Water

No public water system shall be allowed to operate without a Certificate of Potability issued by the Secretary of Health or his duly authorized representative. This certificate is issued only after the required examinations are performed and the quality of water from the system meets the requirements of the Philippine National Standards for Drinking Water.

The certificate is re-validated every after examinations based on the standard interval or frequency of sampling.

SECTION 5: TYPES OF WATER EXAMINATIONS REQUIRED The following examinations are required for drinking-water: a. Initial examination - the physical, chemical and bacteriological examinations of water

from newly constructed systems or sources are required before they are operated and opened for public use. Examination of water for possible radioactive contamination should also be done initially.

b. Periodic examination - water from existing sources is subject to bacteriological

examination as often as possible but the interval shall not be longer than six months, while the general systematic physico-chemical examination shall be conducted every 12 months or oftener. Examination of water sources shall be conducted yearly for possible radioactive contamination.

SECTION 6: SUBMISSION OF WATER SAMPLES FOR LABORATORY

EXAMINATION a. The examination of samples of drinking water shall be performed only in laboratories

(private/government) which are duly licensed and accredited by the Department of Health. It is the responsibility of operators of water systems to submit to accredited

laboratories water samples for examination in a manner and at intervals prescribed in the Philippine National Standards for Drinking Water.

b. Any person, firm or corporation desiring to establish or operate and maintain a water

analysis laboratory shall apply to the Bureau of Research and Laboratories - Department of Health through the Regional Field Health Office. Approval of the accreditation shall be based on the prescribed requirements of the Department as stated in Administrative Order No. 31 Series 1979. Water laboratories maybe accredited for separate services like bacteriological, chemical, radiological, physical, biological or for a combination of two or more or all of these services.

SECTION 7: OTHER PROTECTIVE MEASURES To protect drinking-water from contamination, the following measures shall be observed: a. Washing clothes or bathing within a radius of 25 meters from any well or other source of

drinking water is prohibited. b. No artesians, deep or shallow well, shall be constructed within 25 meters from any source

of pollution. c. No radioactive source or material shall be stored within a radius of 25 meters from any

well or source of drinking water unless the radioactive source is adequately and safely enclosed by proper shielding.

d. No person charged with the management of a public water supply system shall permit

any physical connection between its distribution system and that of any other water supply, unless the latter is regularly examined as to its quality by those in charge of the public supply to which the connection is made and found to be potable.

e. The installation of a booster pump from the water distribution line of a water supply

system is prohibited. SECTION 8. SPECIAL PROVISIONS a. Water Peddlers and Haulers

1. Sanitary Permit

Any person, firm or company engaged in water hauling and vending of water for human consumption shall secure a sanitary permit from city/municipal health officer based on the requirements of these rules and regulations.

2. Health Certificate

Water peddlers and haulers shall undergo physical and medical examination to obtain a health certificate from the local health officer which shall be renewed every year. Water haulers and peddlers without health certificate or with expired health certificate shall be prohibited from water hauling and peddling.

3. Source of Water

Water peddlers/haulers are required to obtain water from sources with valid Certificate of Potability as specified in Section 4 of these implementing rules and regulations.

4. Water Containers

Water containers shall be made of plastic or tin materials and so designed to facilitate easy cleaning. The containers shall be cleaned and disinfected before they are filled with water and shall be provided with tight-fitting covers.

5. Personal Hygiene

All water peddlers and haulers shall be required to observe proper personal hygiene especially washing of hands with soap and water before working and after using the toilet.

b. Drinking Water on Vessels

1. Vessels cruising from one point to another shall carry adequate supply of potable drinking water for the use of the crew and passengers.

2. Drinking water shall be obtained from water sources with certificate of potability

and stored in tanks specified in the next paragraph.

3. The storage tanks shall be water tight and independent of the hull of the vessel. A drain valve attached to the bottom of the tank shall discharge into the interior of the vessel. Manholes, inlets or openings of such tanks shall be securely provided with caps, flanges, covers and gaskets. Soil, waste, vent or drain pipes shall not pass through any water storage tank. The water storage shall be clearly marked "FOR DRINKING WATER ONLY".

4. A water storage tank shall be emptied, cleaned, drained and flushed every

quarter.

5. The drinking water shall be handled in accordance with the following procedures: A hose or pipe used to transport drinking water in a vessel shall not be used for any other purpose. It shall be handled and maintained in a sanitary manner. The hose end when not in use shall be plugged or capped with screw caps to prevent contamination. It shall be properly stored in a closed cabinet near filling line and clearly labeled "FOR DRINKING WATER ONLY". Pumps used for the delivery of drinking water shall not be used for any other purpose.

6. Lead pipes shall not be used in any part of the drinking water systems.

7. Communal drinking glasses shall be thoroughly cleaned and sanitized before

every use. Paper/plastic disposable individual drinking cups shall be properly disposed after each use . Drinking fountains may be provided by in accordance with the Department of Health standards and specifications.

8. A warning sign, "NOT FIT FOR DRINKING", shall be permanently posted on tap hydrant or faucet with unsafe water.

9. Non-potable water shall not be permitted in the galleys or kitchen.

10. The pipes and storage tanks of the drinking water supply system shall be painted

aqua blue and "DRINKING WATER" or "INUMING TUBIG" printed bold in contrasting colors.

11. Vessels shall maintain free residual chlorine between 0.20 ppm to 0.50 ppm in

drinking water. This shall be checked randomly by the local health officer or quarantine medical officer, as the case maybe.

12. Monitoring of storage tanks as to cleanliness shall be conducted every quarter by

the local health officer or quarantine medical officer, as the case maybe. SECTION 9 : PENAL PROVISION a. Any person who shall violate, disobey, refuse, omit or neglect to comply with any of the

provisions of these implementing rules and regulations, shall be guilty of misdemeanor and upon conviction shall be punished by imprisonment for a period of not exceeding six (6) months or by a fine of not exceeding P1,000.00 or both depending upon the discretion of the court.

b. Any person who shall interfere or hinder, or oppose any officer, agent or member of the

Department of Health or of the bureaus and offices under it, provincial, city or municipal health officers, sanitary engineers and sanitation inspectors in the performance of his duty as provided

for under these rules and regulations, or shall tear down, mutilate, deface or alter any placard, or notice, affixed to the premises in the enforcement of these rules and regulations shall be guilty of misdemeanor and punishable upon conviction by imprisonment for a period of not exceeding six (6) months or by a fine not exceeding P 1,000.00 or both depending on the discretion of the court.

SECTION 10 : SEPARABILITY CLAUSE In the event that any rule, section, paragraph, sentence, clause or words of these implementing rules and regulations is declared invalid for any reason, the other provisions thereof shall not be affected thereby. SECTION 11 : REPEALING CLAUSE All pertinent rules and regulations which are inconsistent with the provisions of these implementing rules and regulations are hereby repealed or amended accordingly. SECTION 12 : EFFECTIVITY These rules and regulations shall take effect fifteen (15) days from date of publication in the official gazette or a newspaper of general circulation. Approved on this 24th day of November nineteen hundred and ninety-five.

(SGD) HILARION J. RAMIRO, JR., M.D., M.H.A. Secretary of Health

Date of Publication: 29 January 1996, Philippine Daily Inquirer

ANNEX

DISINFECTION OF WELL AND WATER CONTAINER

The following tables give the amount of Calcium Hypochlorite (70%) available chlorine required to provide a dosage 50 ppm to 100 ppm of available chlorine.

Diameter of Casing

Capacity in gallons per foot of depth

Amount of Calcium Hypochlorite in ounces/grams per foot of depth

Column 1

Column 2

50 ppm

100 ppm

Column 3

Column 4

2 inches 4 inches 6 inches 8 inches 10 inches 12 inches

0.16 0.66 1.47 2.61 4.08 5.88

0.00152/0.0432 0.00628/0.1783 0.01397/0.3967 0.02484/0.7054 0.03884/1.10305 0.05597/1.5895

0.00305/0.0866 0.01256/0.3587 0.02799/0.7949 0.04969/1.4112 0.07768/2.2061 0.11196/3.7096

HOW TO USE THE TABLE

1. To find the volume of water in the well:

Multiply the amount of gallons specified in the table (Col. 2. opposite the given diameter) by the depth of the water in foot. Example: Given : Diameter of casing = 6 inches (Col. 1)

Depth of Water = 100 feet Therefore, Volume of Water = 1.47 (Col. 2) x 100 = 147 Gals.

2. To find the amount of calcium hypochlorite (70%) available chlorine) to disinfect a well:

Example: Given : (a) Diameter of Well = 6 inches

Depth of Water = 100 feet Dosage = 100 ppm (Col. 4)

Therefore, amount of calcium hypochlorite = 0.02799 (Col. 4) x 100 = 2.9 inches of 5 ounces/79 grams

(b) Same well as (a) Dosage = 50 ppm (Col. 3)

Therefore, amount of Calcium Hypochlorite = 0.01397 (Col. 3) x 100 = 1,397 ounces or 3.5 ounces/42.6 grams

NOTE: If a weighing scale is not available, the chemical may be measured with spoon.

1 ounce weighs approximately 3 level tablespoons 1 ounce weighs approximately 2 moderately heaping tablespoons one (1) pound = 16 ounces 1 ounce = 28.4 grams

Vol. of H2O in gallons x 8.34 x dosage required in ppm x454

Chlorine (grams) = ---------- ----------------------------------------------------------------------------- 1,000,000 x % of available Cl2

TABLE 1

CALCIUM HYPOCHLORITE FOR 50 ppm DOSAGE

DEPTH OF WATER COLUMN

(M)

WELL DIAMETER

2"

50 mm 3"

75 mm 4"

100 mm 6"

150 mm 8"

200 mm 10"

250 mm 12"

300 mm 1 2 3 4 5 6 7 8 9 10 20 30 40 50 60 70 80 90 100

- - -

1/4 tsp 1/4 tsp 1/4 tsp 1/4 tsp 1/4 tsp 1/4 tsp 1/4 tsp 1/2 tsp 3/4 tsp 1 1/4 tsp 1 1/2 tsp 1 1/2 tsp 2 tsp

2 1/4 tsp 2 1/2 tsp 2 3/4 tsp

- 1/4 tsp 1/4 tsp 1/4 tsp 1/2 tsp 1/2 tsp 1/2 tsp 1/2 tsp 1/2 tsp 1/2 tsp 1 1/4 tsp 1 3/4 tsp 2 1/2 tsp 3 1/4 tsp 3 3/4 tsp 4 1/2 tsp 5 tsp

5 1/2 tsp 6 1/2 tsp

1/4 tsp 1/4 tsp 1/2 tsp 1/2 tsp 1/2 tsp 1/2 tsp 3/4 tsp 3/4 tsp 1 tsp

1 1/4 tsp 2 1/4 tsp 3 1/2 tsp 4 1/2 tsp 5 1/2 tsp 6 3/4 tsp 7 3/4 tsp 9 tsp 5 tbsp

5 1/2 tbsp

1/4 tsp 1/2 tsp 3/4 tsp 1 tsp

1 1/4 tsp 1 1/2 tsp 1 3/4 tsp 2 tsp

2 1/4 tsp 2 1/2 tsp 5 tsp

7 1/2 tsp 5 tbsp

6 1/4 tbsp 7 1/2 tbsp 8 3/4 tbsp 10 tbsp

11 1/2 tbsp 12 1/2 tbsp

1/2 tsp 3/4 tsp 1 1/2 tsp 1 3/4 tsp 2 1/4 tsp 2 1/5 tsp 3 1/4 tsp 3 1/2 tsp 4 tsp

4 1/2 tsp 9 tsp

6 3/4 tbsp 9 tbsp

11 1/4 tbsp 13 1/2 tbsp 15 3/4 tbsp 18 tbsp

20 1/4 tbsp 22 1/2 tbsp

3/4 tsp 1 1/2 tsp 2 1/4 tsp 2 3/4 tsp 3 1/2 tsp 4 1/4 tsp 5 tsp

5 1/2 tsp 6 1/2 tsp 7 tsp 7 tbsp

10 1/2 tbsp 14 tbsp

17 1/2 tbsp 21 tbsp

24 1/2 tbsp 28 tbsp

31 1/3 tbsp 35 tbsp

1 tsp 2 tsp 3 tsp 4 tsp 5 tsp 6 tsp 7 tsp 8 tsp 9 tsp 5 tbsp 10 tbsp 15 tbsp

20 1/4 tbsp 25 1/4 tbsp 30 1/4 tbsp 35 1/4 tbsp 40 1/2 tbsp 45 1/2 tbsp 50 1/2 tbsp

TABLE 2

CALCIUM HYPOCHLORITE FOR 100 ppm DOSAGE

DEPTH OF WATER COLUMN

(M)

WELL DIAMETER

2"

50 mm 3"

75 mm 4"

100 mm 6"

150 mm 8"

200 mm 10"

250 mm 12"

300 mm 1 2 3 4 5 6 7 8 9 10 20 30 40 50 60 70 80 90 100

- 1/4 tsp 1/4 tsp 1/4 tsp 1/4 tsp 1/2 tsp 1/2 tsp 1/2 tsp 1/2 tsp 1/2 tsp 1 1/4 tsp 1 1/2 tsp 2 1/4 tsp 2 3/4 tsp 3 1/2 tsp 4 tsp

4 1/2 tsp 5 tsp

5 1/2 tsp

1/4 tsp 1/4 tsp 1/2 tsp 1/2 tsp 1/2 tsp 3/4 tsp 3/4 tsp 1 tsp

1 1/4 tsp 1 1/4 tsp 2 1/2 tsp 3 3/4 tsp 5 tsp

6 1/2 tsp 7 1/2 tsp 8 3/4 tsp 5 tbsp

5 3/4 tsp 6 1/4 tbsp

1/4 tsp 1/2 tsp 1/2 tsp 3/4 tsp 1 1/4 tsp 1 1/2 tsp 1 1/2 tsp 1 3/4 tsp 2 tsp

2 1/4 tsp 4 1/2 tsp 6 3/4 tsp 9 tsp

5 1/2 tbsp 6 3/4 tbsp 8 tbsp 9 tbsp 10 tbsp

11 1/4 tbsp

1/2 tsp 1 tsp

1 1/2 tsp 2 tsp

2 1/2 tsp 3 tsp

3 1/2 tsp 4 tsp

4 1/2 tsp 5 tsp 5 tbsp

7 1/2 tsp 10 tbsp

12 1/2 tbsp 15 tbsp

17 3/4 tbsp 20 1/4 tbsp 22 3/4 tbsp 25 1/4 tbsp

3/4 tsp 1 3/4 tsp 2 1/2 tsp 3 1/2 tsp 4 1/2 tsp 5 1/2 tsp 6 1/4 tsp 7 1/4 tsp 8 tsp 9 tsp 9 tbsp

13 1/2 tbsp 18 tbsp

22 1/2 tbsp 27 tbsp

31 1/2 tbsp 36 tbsp

40 1/2 tbsp 45 tbsp

1 1/2 tsp 2 3/4 tsp 4 1/4 tsp 5 1/2 tsp 7 tsp

8 1/2 tsp 9 3/4 tsp 5 1/2 tbsp 6 1/4 tbsp 7 tbsp 14 tbsp 21 tbsp 28 tbsp 35 tbsp 42 tbsp 49 tbsp 56 tbsp 63 tbsp 70 tbsp

2 tsp 4 tsp 6 tsp 8 tsp 5 tbsp 6 tbsp 7 tbsp 8 tbsp 9 tbsp 10 tbsp

20 1/4 tbsp 30 1/4 tbsp 40 1/2 tbsp 50 1/2 tbsp 60 1/2 tbsp 70 3/4 tbsp 80 3/4 tbsp 91 tbsp 101 tbsp

LEGEND: 1 tsp = 1 TEASPOON = 6 GRAMS 1 tbsp = 1 TABLESPOON = 10 GRAMS

024 IMPLEMENTATION ARRANGEMENTS FOR WATER SUPPLY SYSTEMS OF 1998

RULES AND REGULATION IMPLEMENTING NEDA BOARD RESOLUTION No. 4, s. 1994, CLAUSE G, (Approved thru NEDA Board Resolution No. 5, s. 1998, 17 March 1998)

RULE 1

PURPOSE AND OBJECTIVES

Article 1. Title. These rules shall be known as the Implementing Rules and Regulations of clause (g) of NEDA Board Resolution No. 4, (series of 1994). Article 2. Purpose. The purpose of these rules and regulations is to implement clause (g) of NEDA Board Resolution No. 4, (series of 1994), and is in support of NEDA Board Resolution No. 6, (series of 1996) which defines the executing agency arrangement for devolved infrastructure activities/facilities, including water supply, where national government assistance is provided. Clause (g) of NEDA Board Resolution No. 4 (series of 1994) states that: “Level I (point source system), Level II (communal faucet) and Level III (house connections) water supply projects may be implemented by the concerned LGUs within their jurisdiction. LWUA shall implement only financially viable Level III water supply projects in areas outside the MWSS jurisdiction. DILG’s participation will consist of general administration and institution building, such as assistance to LGUs in the formation of Rural and/or Barangay Waterworks and Sanitation Associations (RWSAs/BWSAs) as well as in the identification of water supply systems. MWSS will be responsible for Level III water systems in Metro Manila and adjacent areas. DPWH, together with DILG and DOH, will provide technical assistance (within a period of about two years) to LGUs in the planning, implementation, and operation and maintenance of water supply facilities.”

Annex C presents NEDA Board Resolution No.6, (series of 1996). Article 3. Objectives. The objectives of the Implementing Rules and Regulations are as follows: a. To define the role of local government units (LGUs) in the provision of water supply

services and the assistance to be made available to them by national government agencies concerned;

b. To provide guidance to the LGUs in the development and implementation of viable and

sustainable water supply projects, to the extent feasible, supporting the principles espoused by the sector of managing water as an economic good, promoting a demand-oriented approach in the provision of services and management to be made at the most appropriate level, and greater private sector participation in service delivery; and

c. To identify institutional strengthening needs of LGUs to further develop their capacity to

adequately perform their agreed functions in the sector.

RULE 2 SCOPE

Article 4. Scope. These Implementing Rules and Regulations shall apply to water supply projects to be implemented and managed by LGUs where national government assistance is provided.

RULE 3 DEFINITION OF TERMS

Article 5. Definition of Terms. For purposes of these Implementing Rules and Regulations, the following terms shall be construed to mean as follows: a. Levels of Service. Based on NEDA Board Resolution No. 12 (series of 1995),

approving the common definition of terms relative to water supply, sewerage and on-site sanitation, levels of service are defined as follows:

Level I (point source) - a protected well or a developed spring with an outlet but without a distribution system; generally adaptable for rural areas where the houses are thinly scattered. A Level I facility normally serves an average of 15 households.

Level II (communal faucet system or standposts) - a system composed of a source, a reservoir, a piped distribution network, and communal faucets. Usually, one faucet serves four to six households. It is generally suited for rural and urban fringe areas where houses are clustered densely to justify a simple piped system.

Level III (waterworks system or individual house connections) - a system with a source, a reservoir, a piped distribution network and household taps. It is generally suited for densely populated urban areas.

b. A financially viable water supply system refers to a system wherein its revenues can

cover for all costs related to capital and operation and maintenance, including providing for reasonable reserves for future expansion. For those systems managed by water districts, a financially viable system is one that is able to generate revenues directly from user payments sufficient to cover all costs1. For LGU-managed systems, capital and operations and maintenance costs shall be recovered through a combination of user fees, general municipal taxes and other incomes available to the LGUs.

RULE 4 ROLE OF LOCAL GOVERNMENT UNITS

Article 6. General. The Local Government Code of 1991 mandates the decentralization and devolution of authority to LGUs in providing for certain basic services, which include safe potable water. At the local level, the LGUs are responsible for providing reliable water supply to their constituents, whether these are in the form of Levels I, II or III systems, depending on the expressed demand by the community for these services. LGUs may both directly provide and 1 The Department of Finance is considering aligning the LWUA lending rates to local water districts toward market rates to allow for a more efficient use of scarce resources, as well as to provide for a consistent policy on lending to LGUs by government financial institutions.

finance these services, or involve the private sector to participate in both provision and financing through concession, management or service contracts. Article 7. Financing and Cost Recovery. In financing water supply investments, the LGUs may tap their Internal Revenue Allotment and/or locally generated revenues, or leverage these resources to borrow from government and private financial institutions. The amount that an LGU can borrow, including the required equity, is dependent on its current and expected revenue performance, as well as the amount of user charges and equity contributions from the community. The amount of equity contributions from the community shall be a local decision of the LGUs concerned. For any national government grant that may be provided for the development of Level I systems, the LGU and beneficiaries concerned shall be required to provide any remaining amount as equity to the investment. No subsidies from the national government shall be provided for Levels II and III systems.2 In providing for Level III service, the LGUs may opt to form a water district or an LGU company, provide a franchise to a private party or participate in a joint venture with a private party. Except in areas with water districts, LGUs shall maintain overall responsibility for ensuring consumer satisfaction through the exercise of institutional and/or contractual regulatory powers over local water utilities3, in collaboration with other national regulatory agencies, and by instituting a system of public performance audit. Cost recovery through user payments shall be encouraged for both capital and operation and maintenance costs. However, at the minimum, user payments shall be required to cover the operation and maintenance costs in all service levels. For LGU-owned, operated and/or guaranteed systems, any shortfall in revenues required for loan repayment shall be financed by the LGU from its Internal Revenue Allotment and/or locally-generated revenues, following a process of negotiation between the LGU and the beneficiaries concerned on the level of user payments.

For systems managed by local water districts, full cost recovery, through user charges, is required by LWUA. In areas where there are existing local water districts, LGUs may finance rehabilitation works and/or expansion of the existing waterworks system on the following conditions: a. The local water district concerned is not in LWUA’s current program of assistance, that

is, it is not included in any loan of LWUA with a financing institution, and b. Endorsement by the local water district concerned should have been secured. In the event that the local water district is servicing a loan from LWUA, the local water district shall seek clearance from LWUA prior to entering into an agreement with the LGU concerned on any program of system expansion.

2 This policy has been approved by the Investment Coordination Committee of the NEDA Board. 3 As per Presidential Decree No. 198 (Provincial Water Utilities Act), LWUA regulates the technical standards and the tariffs of local water districts, based on its requirement to issue a certificate of conformance on every loan disbursed to the latter. Source regulation is done by the National Water Resources Board. At the moment, there is no recourse by the LGU in case of non-performance by the local water district. This is an issue that needs to be addressed by Government.

Article 8. Management of Systems. LGUs shall adopt commercial principles in the operation and management of water utilities in order to provide cost-effective and reliable services to consumers, whether management of the system is a direct responsibility of the LGU or is contracted out by the LGU to the private sector. An LGU may also consider amalgamating or consolidating its system with that of its neighboring LGUs in order to benefit from economies of scale that could expand water supply services to consumers at the lowest possible cost. For the operation and management of Levels I and II systems, the LGUs shall initiate the formation of Barangay and Rural Waterworks and Sanitation Associations (BWSAs/RWSAs), respectively, through a participatory approach involving consultation with all stakeholders (Article 20) and assist in their registration with the appropriate authorities (Article 21). Upon request, LGUs may accredit duly registered RWSAs/BWSAs in order to enable them to avail of financial assistance from local governments. LGUs shall have overall supervision of RWSAs and BWSAs. Article 9. Project Planning and Development. Provinces and cities/municipalities shall be required to prepare, and update on an annual basis, provincial and city/municipal sector plans that are consistent with a national sector plan4. These sector plans shall be integrated into the local investment programs. Water supply projects shall be identified from the local investment program. A financing program of foreign and nationally/locally-generated resources, including private sector resources, shall support the local investment program. Article 10. Approval and Award of Contracts. The LGUs shall be required to conduct public bidding, in accordance with the provisions of Law, including Presidential Decree No. 1594, as amended, Executive Order No. 164, Executive Order No. 302 and other applicable laws, and shall have the final authority to approve and award contracts for water supply and sanitation projects within their jurisdictions. Article 11. Application for Water Rights. LGUs or the concerned water utility shall apply for water rights from the National Water Resources Board prior to implementing a project that would require extraction of water. Article 12. Public Performance Audit. The LGUs shall establish a system of public performance audit for public and private water utilities focusing on critical performance indicators. Upon request of the LGUs, DILG may provide technical assistance for this purpose, in coordination with appropriate national government agencies.5

RULE 5 ROLES OF NATIONAL GOVERNMENT AGENCIES

Article 13. Department of the Interior and Local Government (DILG). The DILG shall have the following responsibilities in the sector: a. Raise awareness of LGUs on opportunities relating to the sector, within the framework of

relevant government policies, such as financing schemes and available assistance from local and foreign financing institutions, technological breakthroughs, management and institutional arrangements, etc.;

4 ADB is assisting the preparation of a National Sector Plan for Water Supply, Sewerage and Sanitation for 1999 - 2004. 5 This system shall be pilot-tested in Metro Manila by the MWSS with World Bank financing.

b. Facilitate transactions between LGUs and communities and lending institutions by preparing water supply investment packages, assisting in the financial, economic and institutional and environmental data collection and analysis, etc., in coordination with appropriate national government agencies;

c. Build capacity of LGUs and BWSAs/RWSAs in the general areas of planning,

implementation, management, monitoring and evaluation, and regulation, upon agreement with the LGUs, and as required by financing institutions, in coordination with national government agencies such as DPWH in the case of the engineering aspects;

d. Develop and maintain a national data management system of LGU-managed water

systems to include data on extent of service coverage, cost recovery, collection efficiency, size of water systems, nature of water resources, among others, in coordination with appropriate national government agencies;

e. Establish a system for monitoring strategic performance of LGUs in relation to the sector,

including compliance with technical standards established by LWUA and DPWH; f. Upon agreement with the LGU, provide technical assistance in the establishment of a

system of public performance audit, in collaboration with appropriate national government agencies;

g. Coordinate sector activities of LGUs vis-a-vis other national government agencies

involved in the sector; h. Register RWSAs/BWSAs and maintain a record of all registration documents and issue

regular bulletins; i. Monitor the implementation of this IRR, including the formulation of monitoring and

evaluation parameters and reporting requirements; and j. Act as the coordinator for projects funded by the National Government per NEDA Board

Resolution No. 6 (series of 1996). Article 14. Local Water Utilities Administration (LWUA). The LWUA shall have the following responsibilities in the sector: a. Act as a specialized lending institution for local water districts; b. Provide technical assistance to local water districts in the areas of operation,

maintenance, personnel training and fiscal practices; c. Upon agreement with the LGU, provide technical and financial assistance in the conduct

of engineering studies; d. Approve tariffs of local water districts; e. Establish and update, as and when necessary, the technical standards for local water

utilities, including LGU-managed systems; f. Monitor and evaluate the performance of local water districts; and g. Register RWSAs and furnish all registration documents to DILG.

Article 15. Department of Public Works and Highways (DPWH). The DPWH shall have the following responsibilities in the sector: a. Set and/or update, as and when necessary, technical standards for engineering surveys,

design, construction and operation and maintenance of Level I systems; b. Upon agreement with the LGUs, assist in the conduct of engineering surveys and in the

preparation of plans, specifications and programs of work, through its District Offices; c. Upon agreement with the LGUs, assist in construction management, through its District

Offices; and d. Conduct technical researches in coordination with the LGUs. Article 16. Department of Health (DOH). The DOH shall have the following responsibilities in the sector: a. Set and/or update, as and when necessary, standards on water quality testing, treatment

and surveillance, and sanitary practices; b. Provide technical assistance to the LGUs in the conduct of periodic water quality control

and surveillance-related activities; and c. Monitor and evaluate, on a regular basis, health and hygiene education programs

implemented by local health offices, particularly in areas where waterworks systems are expected to be constructed.

Article 17. National Water Resources Board (NWRB). The NWRB shall have the following responsibilities in the sector: a. Regulate the use of water resources through the issuance of water rights; b. Regulate tariffs of privately-run water systems; and c. Establish and manage a user-friendly water resources data management system. Article 18. Metropolitan Waterworks and Sewerage System (MWSS). The MWSS shall be responsible for water systems in Metro Manila and its adjacent areas.

RULE 6 RURAL/BARANGAY WATERWORKS AND SANITATION ASSOCIATIONS

Article 19. General Provision. A Rural/Barangay Waterworks and Sanitation Association shall be formed to manage public water systems and sanitation facilities: RWSAs for Level II systems and BWSAs for Level I systems. RWSAs/BWSAs shall initiate/assist in site identification, planning, implementation and evaluation of water supply projects as well as guide the construction and/or maintenance of household and community latrines (toilets). Article 20. Organization of RWSAs/BWSAs. RWSAs and BWSAs shall be organized upon initiation of the LGU. A participatory approach shall be adopted in the formation of RWSAs/BWSAs with the LGU concerned taking the lead and non-government organizations (NGOs) providing technical assistance, as necessary. Prior to the formation of RWSAs/BWSAs,

dialogues shall be conducted with and among all stakeholders such as women’s groups, civic and religious organizations, health practitioners, NGOs and other people’s organizations. Article 21. Registration Requirements. RWSAs/BWSAs shall register with DILG. BWSAs shall be encouraged to associate with other BWSAs or with RWSAs prior to registration. DILG shall keep a record of all registration documents. Article 22. Powers. Every duly registered RWSA/BWSA shall be autonomous and shall have the power and capacity to: a. Award and enter into a contract(s) with private contractors for the delivery of necessary

services or the supply of materials, in the course of managing a public water and sanitation facility, subject to existing laws, rules and regulations;

b. Oversee the implementation of projects undertaken by private contractors; c. Own and manage the operation of the water facility in a sustainable manner, including

providing for adequate reserves for maintenance and repair, setting appropriate levels of user fees, and implementing billing and collection schemes;

d. Handle the activities required of any lawful business transaction entered into by the

Association; e. Enter into agreement with other RWSAs/BWSAs for any merger or consolidation as may

be proven advantageous to their operations; f. Convene meetings of water users for the purpose of information dissemination,

consultation, public hearing on water rates and other activities deemed important; g. Initiate improvements in operations found to be advantageous and favorable to the

communities concerned; h. Decide on matters found to be advantageous and favorable to the communities

concerned; and i. Prepare an annual report on its operations. Article 23. Capability Building of RWSAs/BWSAs. RWSAs and BWSAs may request assistance for capability building from LGUs and/or DILG, DPWH and other concerned agencies, through the LGUs.

RULE 7 PROJECT DEVELOPMENT AND IMPLEMENTATION

Article 24. Sector Planning. Planning and development of water supply investments shall be made within the framework of national policies, and shall implement specific targets in the provincial and city/municipal sector plans. These plans shall define the strategies, priorities and approaches in sector development at different levels of government. A National Sector Plan for Water Supply, Sewerage and Sanitation shall be prepared, and updated, on a regular basis, by the National Economic and Development Authority (NEDA), in coordination with the concerned oversight water agencies, and shall provide the national policy framework. At the provincial

level, the LGUs, through their respective Provincial Planning and Development Offices, shall prepare, and update, on an annual basis, the Provincial Water Supply, Sewerage and Sanitation Sector Plans. At the city/municipal level, a similar sector plan shall be prepared and updated, on an annual basis, by the LGUs, through their City/Municipal Planning and Development Offices. The respective Local Councils shall approve the provincial and city/municipal sector plans. Article 25. Project Identification. On the basis of the provincial and city/municipal sector plans, water supply investments shall be identified and developed into a local investment program that includes an appropriate financing plan. The Local Council concerned shall approve the local investment program. The proposed investments shall then be developed according to a demand-driven approach that would allow beneficiaries to select from among cost-effective technical options and from among financing options. The LGUs may avail of technical assistance from the DILG in the preparation of these project packages (Rule 5). Water supply investments shall be developed according to the principles of managing water services at the most appropriate level and providing services based on what local consumers want and are willing to pay for. This means that LGU systems shall be constructed on the basis of choosing among technical options that are affordable through the financial resources made available by users, communities and LGUs. The process of determining demand for a particular service delivery shall be concluded through a negotiated agreement between the LGU, water utility and the users, on how the costs will be shared at the town, barangay and household levels. Article 26. Technical Aspects. Technically feasible options shall be developed, particularly for a Level III service level. These options may include varying levels of operation (in terms of operating hours), which may have substantial implications on capital and operating and maintenance costs. In addition, the operation and management (O&M) cost of a technical option is strongly influenced by the management mode chosen by an LGU, economies of scale factors and the size of the service area. Thus, for any Level III service, at least two technical options shall be explored; those of an inter-LGU service delivery organization involving amalgamation of service areas and of single LGU management systems. The former option shall be explored and developed further only upon agreement with the LGU concerned. In the conduct of the engineering work (i.e., feasibility studies and detailed design), the LGUs may tap the services of the private sector, using their internal resources or may request the DILG, DPWH and/or LWUA for financial and/or technical assistance. Article 27. Financing and Management Options. A range of options is available to the LGUs on financing and management of Level III systems. They include, but are not limited to, the following options: Option 1: The LGU may finance the system from its internal resources or may borrow from a financial institution. It may then create a profit center within the LGU office with a separate cost accounting system. Under this arrangement, the LGU may directly manage the system or may enter into a management contract with a private party or a service contract with a private party to handle billing and collection and/or repair and maintenance. In these types of management arrangements, the LGU retains the responsibility for providing the service and assumes the commercial risks. Institutions such as neighboring water districts, cooperatives and other private institutions may be tapped by the LGU for these types of contracts. Option 2: The LGU may enter into a lease contract with a private party to operate and manage the system. Under this arrangement, the LGU finances the capital expenditures from its internal resources or from borrowings. The LGU then leases the facility to a private party, which assumes the commercial risks and the responsibility for operation and maintenance. The private

party is allowed to recover its costs from user fees, and may also collect, on behalf of the LGU, any other charges contributing to the repayment of a loan which the LGU may have taken on behalf of the users. Option 3: The LGU may enter into a concession contract with a private party. Under this arrangement, the private party assumes the operations and management of the assets of the LGU, and undertakes to expand and finance the services according to the terms and conditions of the contract. The private party is then allowed to operate the system, and recover its costs and earn a reasonable return on its investment from user fees. The private party also assumes the commercial risk. After the concession contract expires, the system reverts to the LGU, or may be contracted out again by the LGU. Option 4: The LGU may create a local water district, in accordance with Presidential Decree No. 198, as amended. Option 5: The LGU may form a water company to handle the provision of the service. The LGU appoints the Board of Directors to be tapped from the private sector who would manage the company along commercial principles. Option 6: The LGU may enter into contract with a private party under the Build-Operate-Transfer scheme or any of its variants, per Republic Act No. 6970, as amended, for the whole water system or a component of it (i.e. source development or distribution). Option 7: The LGU may enter into a joint venture agreement with a private party in providing the service. Under this arrangement, both parties share in the risks of the project, as well as operate the water supply system through a shared management and organizational structure. In the contracts of LGUs with private parties, performance standards shall be stipulated including remedies for non-performance that are consistent with national regulatory laws. The DILG, in its role of raising awareness of LGUs on opportunities in the sector, shall be responsible for informing the LGUs of these schemes, and in facilitating the implementation of the preferred option. Annex D provides a matrix of these various schemes.

RULE 8 COORDINATION AND COLLABORATION MECHANISMS

Article 28. Inter-LGU Collaboration. Provinces, cities, municipalities and barangays may assist, coordinate and collaborate with each other, as far as practicable, in the effort of improving the delivery of services to the Filipino people. The DILG shall take the lead in coordinating among the LGUs.

Article 29. Coordination between Local and National Governments. LGUs may avail of the technical, financial and institutional expertise of national agencies like LWUA, DPWH, DILG, NWRB, DOH and DENR. DILG, as appropriate, shall coordinate with other national agencies on behalf of the LGUs.

RULE 9 TRANSITION ARRANGEMENTS

Article 30. Ongoing Projects. The DPWH, DOH and DILG shall continue to implement ongoing foreign-assisted Level I projects until the completion of such projects. Article 31. Pipeline Projects. Projects in the pipeline shall conform to the provisions of this IRR to the extent possible.

RULE 10 MISCELLANEOUS PROVISIONS

Article 32. Applicability Clause. The application of this IRR shall be without prejudice to existing and future laws, rules, regulations and/or international agreements entered into by the Philippine Government. Article 33. Effectivity of the IRR. These Implementing Rules and Regulations shall take effect upon its approval by the NEDA Board, on recommendation by the Infrastructure Committee. It shall then be published in at least two national newspapers of general circulation.

Annex A

NEDA Board Resolution No. 5 (series of 1998)

APPROVING THE IRR ON THE DELINEATION OF RESPONSIBILITIES IN THE DEVELOPMENT AND

IMPLEMENTATION OF WATER SUPPLY PROJECTS

On motion duly seconded, BE IT RESOLVED, as it is hereby resolved, to approve as it is hereby approved, the Implementing Rules and Regulations (IRR) on the Delineation of Responsibilities in the Development and Implementation of Water Supply Projects. UNANIMOUSLY APPROVED, 17 March 1998. -------------------------------------- Annex B

NEDA Board Resolution No. 4 (series of 1994)

APPROVING THE RECOMMENDATIONS OF THE INFRASTRUCTURE COMMITTEE (INFRACOM) ON THE REFORMS IN THE WATER SUPPLY SECTOR

On motion duly seconded, BE IT RESOLVED, as it is hereby resolved, to approve and confirm, as the same is hereby approved and confirmed the following recommendations of the INFRACOM: a. Registration with the National Water Resources Board (NWRB) of all well drilling and the

extraction of water therefrom, irrespective of the use of extracted water and ownership of the land where the well is to be drilled. Amendment to Article 6 of the Water Code (PD No. 1067) shall be initiated by NWRB to this effect. Subsequently, NWRB shall formulate rules and regulations for the effective enforcement of this requirement within sixty (60) days after approval of the proposed amendment.

b. Strengthening of the NWRB staff in order to effectively cope with the planning, monitoring,

and implementation activities of the water resources sector. NWRB shall submit an action plan to this effect to INFRACOM for review and endorsement to the President and the NEDA Board.

c. Reorientation of the Local Water Utilities Administration (LWUA) to its original corporate

mission as a "specialized lending institution" financing only viable water supply projects with tariff levels formulated towards full costs recovery. LWUA shall therefore upgrade its banking and finance expertise and immediately complete its financial restructuring. Further, it should radically improve its collection efficiency as well as its database and accounting systems.

d. Privatization of all existing Water Districts (WDs) should be vigorously pursued whenever feasible and large commercially viable water services like Metro Manila, Cebu, Zamboanga, Davao should be formed or converted into SEC - style private water corporations, independent of LWUA and other government funding institutions but subject to regulation by NWRB.

e. Procurement needs of WDs should be provided based on a competitive basis and not

centrally imposed on them. f. LWUA shall submit an action plan to INFRACOM to effect the recommended reforms for

review and endorsement. g. With respect to the delineation of responsibilities in the sector, NEDA Board Resolution No.

5 (s. 1989) is proposed to be amended to allow local government units (LGUs) to implement all levels of water supply projects consistent with government's decentralization and devolution process, mandating LWUA to implement only financially viable projects and further defining the roles of agencies in the sector. The proposed amendment is as follows:

"Level I (point source system), Level II (communal faucet) and Level III (house connections) water supply projects may be implemented by the concerned LGUs within their jurisdiction. LWUA shall implement only financially viable Level III water supply projects in areas outside the MWSS jurisdiction. DILG's participation will consist of general administration and institution building, such as assistance to the LGUs in the formation of Rural and/or Barangay Waterworks and Sanitation Associations (RWSAs/BWSAs) as well as in the identification of water supply systems. MWSS will be responsible for Level III water systems in Metro Manila and adjacent areas. DPWH, together with DILG and DOH, will provide technical assistance (within a period of about 2 years) to LGUs in the planning, implementation and operation and maintenance of water supply facilities.

UNANIMOUSLY APPROVED, 15 March 1994.

--------------------------------

Annex C

NEDA Board Resolution No. 6 (series of 1996)

APPROVING THE RECOMMENDATIONS OF THE

INFRASTRUCTURE COMMITTEE (INFRACOM) ON THE EXECUTING AGENCY ARRANGEMENT FOR THE DEVOLVED

INFRASTRUCTURE ACTIVITIES/FACILITIES

On motion duly seconded,

BE IT RESOLVED as it is hereby resolved, to approve and confirm as the same is hereby approved and confirmed, the following recommendations of INFRACOM on national government (NG) assistance to Local Government Units (LGUs) in the implementation of devolved infrastructure activities/facilities under the Local Government Code in support of national priority programs in order to ensure efficiency, effectivity and more focused implementation consistent with the Government’s decentralization and devolution objectives:

a. DILG, which has administrative supervision over LGUs, shall be the lead national government agency (NGA) to oversee/administer NG assistance to LGUs in the implementation of devolved infrastructure programs/projects with the collaboration/participation of other concerned agencies. The identification and formulation of infrastructure programs/projects devolved to LGUs proposed for NG assistance shall therefore be coordinated with DILG to rationalize their development;

b. The implementation of identified devolved infrastructure programs/projects shall be

undertaken by the LGUs with DILG providing assistance in institution, capacity and capability building of the LGUs and with DPWH and other technical agencies providing and transferring technical expertise to the LGUs as necessary. The levels of capacities and capabilities of LGUs shall be determined by the DILG in coordination and collaboration with DPWH and other concerned agencies to determine, among others, the extent of support and assistance that these national agencies should provide in order to effect the successful implementation of devolved NG-assisted infrastructure programs/projects;

c. DILG, as the lead agency, shall include in its annual budget the financial requirements

necessary for the implementation of the identified and approved devolved infrastructure programs/projects. This shall be without prejudice to any future funds arrangement that the national government may adopt with regard to NG assistance to LGUs for devolved projects particularly funds sourced from foreign loans and grants;

d. For on-going and already committed devolved infrastructure programs/projects with NG

assistance, the same shall be implemented with the previously identified NGA as lead in order not to disrupt its prosecution. However, there shall be phasing in at DILG and LGUs in the implementation arrangements for these devolved infrastructure projects in accordance with the provisions of this Resolution for purposes of policy and operational consistency and thus, effect a smooth transition;

e. To efficiently and effectively implement the provisions of this Resolution, the INFRACOM

shall formulate and periodically review the guidelines, rules and regulations that will clearly define the specific roles of the various concerned agencies in the implementation of NG assistance to LGUs for devolved infrastructure activities/utilities as well as the appropriate implementing mechanisms. In addition, INFRACOM shall likewise formulate the criteria and program for phasing out NG assistance to LGUs for devolved infrastructure activities/facilities;

f. To carry out its tasks, the INFRACOM may request for financial and technical assistance

from participating government agencies as well as from multilateral and bilateral sources; and g. The provisions of this Resolution shall apply to all NG assistance for devolved infrastructure

activities/utilities unless otherwise explicitly provided for under the existing and future laws, such as the General Appropriations Act (GAA).

UNANIMOUSLY APPROVED, 12 March 1996. ---------------------

Annex D-MATRIX OF FINANCING AND MANAGEMENT OPTIONS

Option Description

LGU-financed and managed The LGU finances the investment from its income and other resources available to it (e.g. IRA, locally-generated taxes, grants) or borrows from a financial institution. It then establishes a profit center within the LGU office with a separate cost accounting system. Under this arrangement, the LGU directly manages the operations of the system. The LGU assumes the commercial risk.

Service Contract The LGU finances the investment and directly operates and manages the system. It enters into contract with a private party to undertake billing and collection and/or repair and maintenance activities for a fee. The LGU maintains a profit center within the LGU office and assumes the commercial risk.

Management Contract The LGU finances the investment and enters into contract with a private party to manage the system. The private party collects the water tariffs set by the LGU, operates and manages the system and in turn, is paid a management fee by the LGU. The LGU maintains a profit center within the LGU office and assumes the commercial risk.

Lease Contract The LGU finances the capital expenditures and leases the facility to the private sector. The private sector assumes the commercial risks and the responsibility for operation and maintenance. To recover its costs, the private party is allowed to collect user fees as well as any other charges on behalf of the LGU.

Concession Contract The LGU enters into contract with a private party to undertake the investment. The private party assumes the assets of the LGU and undertakes to expand the services according to the terms and conditions of the contract. The private party is allowed to operate the system and to collect user fees to recover its costs and earn a reasonable return on its investment. After the contract expires, the system reverts to the LGU or may be contracted out again by the LGU.

Creation of a Local Water District

The LGU may create a local water district. The local water district finances the investment from a loan from the Local Water Utilities Administration (LWUA) and operates and manages the system. The local water district is then supervised by LWUA.

LGU Company The LGU may form a water company to handle the provision of the service. The water company shall be duly registered with the Securities and Exchange Commission (SEC) and shall have share holdings which can be sold to the private sector in the future. The LGU appoints the board members to be selected from the private sector who would then manage the company along commercial principles.

Build-Operate-Transfer Under the BOT scheme, the private sector finances the investment or any of its variants (per RA6970 as amended), operates it for a certain period of time after which the asset is transferred to the LGU. The private party is allowed to collect user fees to recover its costs and earn a reasonable rate of return on its investment. The LGU and the BOT proponent negotiate on the risk sharing.

Joint Venture Agreement Under a joint venture agreement, the LGU and the private party share in the risks of the project and operate the system through a shared management and organizational structure.

025 WATER SUPPLY SUPPLEMENTAL IRR (1999) OF SANITATION CODE SUPPLEMENTAL IMPLEMENTING RULES AND REGULATIONS OF CHAPTER II —"WATER SUPPLY", OF THE CODE ON SANITATION OF THE PHILIPPINES (P.D. 856), (Approved by Secretary of Health, 25 June 1999)

To carry out the provisions of Chapter II – “Water Supply” of the Code on Sanitation of the Philippines (P.D. 856), these rules and regulations supplementing the existing rules and regulations approved by the Secretary of Health on 24th November 1995, are hereby formulated for implementation of all concerned. SECTION 1. SCOPE These supplemental implementing rules and regulations shall apply to the following:

1.1 Development of drinking water supply system; 1.2 Establishment and operation of retail water system (RWS) or refilling station;

1.3 Source and product water quality monitoring; 1.4 Drinking water in vending machines and dispensers and product water containers; 1.5 Household and commercial water purification equipment, gadgets and devices; and 1.6 Bulk water handling, storage and transportation. SECTION 2. DEFINITION OF TERMS As used in these supplemental implementing rules and regulations, the following term shall mean: 2.1 AIRGAP — a clear vertical space through the free atmosphere between the opening of

any pipe or faucet conveying water or waste to a tank, plumbing fixture receptor, or other device and the flood level rim of the receptacle. An air gap is used to prevent cross-connection between a water treatment device and a possible source of wastewater thereby preventing a reverse flow of water from the sewer into the water supply system.

2.2 APPROVED WATER LABORATORY – a Department of Health—accredited water

analysis laboratory. 2.3 APPROVED SOURCE - source of the water whether it be from a spring, artesian well,

drilled well, public or private water system, rain water reservoir, or any other source that has undergone a sanitary survey, issued site clearance, constructed, and the water sampled, analyzed, and found safe and potable, issued an operational permit and certificate of potability of drinking water.

2.4 BACKFLOW — flow of water in a pipe or line in a direction opposite to the normal

flow; often associated with back siphonage of the flow of used water into a potable water system.

2.5 BACKFLOW PREVENTER — a device or system installed in a water line to stop backflow from a non-potable source.

2.6 BACKPRESSURE — pressure which creates resistance against the flow of water. 2.7 BACK-PRESSURE BACKFLOW — backflow due to an increased pressure above the

supply pressure, which may be due to pumps, boilers, gravity or other sources of pressure.

2.8 BACKWATER VALVE — a device installed in a system to prevent reverse flow. 2.9 BULK WATER — water in container of five gallons or more in volume coming from

refilling station establishment or water intended for potable uses which is transported via tanker truck or equivalent means from one area to another for the purpose of treatment and/or packaging and human consumption.

2.10 CERTIFICATE OF POTABILITY OF DRINKING WATER — a certification

issued by the Secretary or his duly authorized representative certifying the potability and safeness of source drinking water for human consumption based on the Philippine National Standards for Drinking Water.

2.11 CROSS-CONNECTION — any connection or arrangement, physical or otherwise,

between a potable water supply system and any plumbing fixture or any tank, receptacle, equipment or device, through which it may be possible for non-potable, used, unclean, polluted and contaminated water, or other substances, to enter into any part of such potable water system under any condition.

2.12 DEIONIZATION — the removal of the ionized minerals and salts (both organic and

inorganic) from a solution by a two-phase ion-exchange procedure. First, positively charge ions are removed by a cation exchange resin in exchange for a chemically equivalent amount of hydrogen ions. Second, negatively charged ions are removed by an anion exchange resin for a chemically equivalent amount of hydroxide ion. The hydrogen and hydroxide ions introduced in this process unite to form water molecules. The term is often used interchangeably with dimineralization.

2.13 DISTILLATION — the process of separating organic and inorganic solids from water

by evaporation (vaporization) followed by cooling and condensation. 2.14 ESTABLISHMENT — a collective term construed to include buildings and premises

where retail water system product water or refilling station product water is being processed.

2.15 FILTER —device installed as part of a water treatment system through which water

flows for the purpose of removing turbidity, unpleasant taste, odor, iron or color. Filters can be loose media beds, in tanks or cartridge-type devices. Filter media may be used for mechanical, absorptive, neutralizing, or catalyst/oxidation filtration process.

2.16 FILTRATION — the process of separating solids from a liquid by means of a porous

substance such as a permeable fabric or membrane or layer of inert media. 2.17 GOOD MANUFACTURING PRACTICE (GMP) — the detail requirements

governing plant construction and design, sanitary facilities and operations, equipment

design and construction, production and process controls specific to the production and purification of water.

2.18 HORIZONTAL PIPE — any pipe or fitting which is installed in a horizontal position or

which makes an angle of less than forty-five (45) degrees with the horizontal. 2.19 HYDROSTATIC PRESSURE — a measurement of structural strength and ability to

hold water pressure. 2.20 ION EXCHANGE — the reversible process in which ions are released from an

insoluble permanent material in exchange for other ions in a surrounding solution; the direction of the exchange depends upon the affinities of the ion exchanger for the ions present and the concentration of the ions in the solution.

2.21 POINT-OF-ENTRY (POE) — a water treatment device that is installed at the main

inlet to a building or mobile vehicle and acts as centralized water treatment. 2.22 POINT-OF-USE (POU) — a water treatment system designed to connect at the actual

point-of-use for water; countertop or undersink treatment system. 2.23 PRESSURE — the normal force exerted by a homogenous liquid or gas, per unit of area,

on the wall of the container.

2.23.1 STATIC PRESSURE — the pressure existing without any flow.

2.23.2 RESIDUAL PRESSURE — the pressure available at the fixture or water outlet after allowance is made for pressure drop due to friction loss, head, meter and other losses in the system during maximum demand periods.

2.24 PRESSURE BALANCING VALVE — a mixing valve that senses incoming hot and

cold water pressures and compensates for fluctuations in either, to stabilize outlet temperature.

2.25 REFILLING STATION — another term for a retail water system (RWS) establishment. 2.26 REFILLED WATER OR PRODUCT WATER - source water that has undergone

additional processing and the product of multi-stage purification technology (filtration, ion-exchange treatment, post carbon polishing, distillation, ultraviolet sterilization, reverse osmosis, air filtration, ozonation or other DOH-approved technology) and complying with the standard parameters and values for refilled water quality of retail water system or refilling station.

2.27 REFILLED WATER CONTAINER — food-grade quality container for the

containment of processed drinking water from retail water system or refilling station establishment.

2.28 REFILLED WATER DISPENSER — an equipment used for dispensing processed

drinking water either as a coin-operated machine, a monetary-driven equipment or manually operated machine.

2.29 REGULATING EQUIPMENT — includes all valves and controls used in a plumbing

system, which are required to be accessible or readily accessible.

2.30 RESIDUAL — the amount of a specific material remaining in water following a water treatment process. It may refer to material remaining as the result of incomplete removal such as hardness leakage, or to a substance meant to remain in the treated water such as residual chlorine.

2.31 RETAIL WATER SYSTEM (RWS) - refilled water being sold and placed in the

refilled water container or in customer's containers in refilling station. 2.32 REVERSE OSMOSIS OR HYPERFILTRATION — a process for the removal of

dissolved ions from water, in which pressure is used to force the water through a semi-permeable membrane, which will transmit the water but reject most of the other suspended and dissolved materials. It is called reverse osmosis because mechanical pressure is used to force the water flow in the direction that is the reverse of natural osmosis, namely from the dilute to the concentrated solution.

2.33 SANITARY CLEARANCE — a clearance issued by the local health office to food or

water delivery vehicles, mobile water tankers and similar vehicles, including its appurtenances that they comply with the design, construction, specification and other requirements of the Department.

2.34 SANITARY PERMIT — the permission or certification in writing of the city/municipal

health officer or in his absence, the chief or head of the sanitation division/section/unit that the establishment complies with the existing minimum sanitation requirements upon evaluation or inspection conducted in accordance with Presidential Decree Nos. 522 and 856 and its implementing rules and regulations, and local ordinances.

2.35 SOURCE WATER - water from approved source that is conveyed or distributed to the

refilling station through the public or private water mains or water tankers, containers or reservoir.

2.36 ULTRAVIOLET LIGHT STERILIZATION — the process of killing active bacteria

and spores in water with the use of ultraviolet ray. 2.37 VERMIN — a group of insects such as flies, mosquitoes, cockroaches, lice, bedbugs or

small animals such as mice and rats that are vector of diseases. 2.38 VERMIN ABATEMENT PROGRAM — a series of preventive and control procedures

and activities in the control of vermin. 2.39 WATER HAMMER ARRESTOR — a device used to absorb hydraulic shock, either of

the air chamber or mechanical device design. 2.40 WATER MAIN (STREET MAIN) — a water-supply pipe for public or community use. 2.41 WATER-DISTRIBUTING PIPE — in a building or premises, a pipe which conveys

potable water from the building supply pipe to the plumbing fixtures and other water outlets.

2.42 WATER PURIFICATION DEVICE — any DOH-certified equipment, apparatus,

device or gadget whose purpose is to purify water, either for household, commercial or other uses.

SECTION 3. SANITARY REQUIREMENTS FOR THE DEVELOPMENT OF DRINKING WATER SUPPLY SYSTEM

3.1 DRINKING WATER SITE CLEARANCE

3.1.1 Requirements Persons or entities intending to develop drinking water supply system shall submit the following initial requirements to the local health office.

a. Application letter addressed to the local health officer or duly

accomplished application form b. For waterworks, a copy of the water permit issued by the National Water

Resources Board (NWRB).

3.1.2 Sanitary Survey

a. A sanitary survey shall be conducted by the local health office on all proposed water supply source location. It shall be done under the supervision of a sanitary engineer. Such sanitary survey (EHS Form No. 121) shall be a prerequisite for the issuance of the Drinking Water Site Clearance.

b. The sanitary survey shall include the evaluation of the site location, type of water supply source (well, spring, etc.), type of water use and the following: i. Ground water supply: the slope of the ground surface, depth of

the water table (maximum drawdown), nature of soil and underlying porous strata as determined from well log test, distance of the nearest well, yield of the nearest well, direction of surface run-off:

ii. Wells: distance of the well from possible sources of contamination

iii. Springs: type of spring, geologic location, free flowing or with the use of external force, possible upstream sources of pollution, characteristic of water

iv. Fresh Surface Water Supply: area of the watershed/drainage, grassland area, area greater than 3% slope, average annual rainfall, estimated annual run-off, length of main stream, drainage density, channel gradient, perimeter of river basin and rain water impounding reservoir

v. Other required technical data that may influence the development of the water source.

3.1.3 Issuance of the Drinking Water Site Clearance

After the result of the sanitary survey has been evaluated and found to be satisfactory, a Drinking Water Site Clearance (EHS Form No. 122) shall be issued by the local health authority as recommended by the local health officer. The amount of fees for the clearance shall be set through city/municipal ordinance.

3.2 INITIAL PERMIT ("Notice to Proceed")

3.2.1 Requirements

Persons or entities intending to develop drinking water supply system shall submit the following to the Regional Health Office concerned:

a. A copy of the Drinking Water Site Clearance issued by the local health

office. b. Engineering report and/or feasibility study, including assessment of

water source and system capacity and pressure to meet the water demands of intended beneficiaries or clients.

c. Plans and specifications and other required document signed and sealed

by a privately practicing licensed sanitary engineer.

3.2.2 Review and Evaluation.

The plans and specifications and other necessary documents for the construction of the water source shall be reviewed and evaluated by the Supervising Sanitary Engineer at the Regional Health Office. He shall submit his findings and recommendation to the Regional Health Director.

3.2.3 Issuance of the Initial Permit ("Notice to Proceed")

The Regional Health Director shall issue or deny the issuance of the Initial Permit to the applicant based on the findings and recommendation of the Supervising Sanitary Engineer. No construction, installation and operation of the water source shall be done without an approved Initial Permit issued by the Regional Health Director.

3.3 OPERATIONAL PERMIT

3.3.1 Requirements

After completion of construction works on the water supply system, the following shall be submitted to the Regional Health Office concerned:

a. Report of inspection of completed construction works and complete

disinfection of the system from the local health office

b. Report of inspection verifying completeness of construction works and disinfection from the regional and/or provincial sanitary engineer

c. Result of the water sampling and testing conducted by a DOH-accredited water analysis laboratory.

3.3.2 Issuance of Operational Permit

The Regional Health Director shall issue or deny the issuance of the Operational Permit to the applicant based on the findings and recommendation of the Supervising Sanitary Engineer. The applicant shall be informed on the permit status and action to be taken, in case negative findings were noted. No water supply source shall be operated for drinking purposes without an Operational Permit issued by the Regional Health Director.

3.3.3 Grounds for Revocation/Suspension of the Operational Permit

a. Errors found in the plans and specifications b. Incorrect or inaccurate data or information found in the application c. Non-compliance with terms and conditions of Permit d. Repair was not done as prescribed, rendering the water unsafe for human

consumption e. Disinfection of the water system was not done after disruption of water

service or disinfection was not done after a recent repair work in the water system. The drinking water system shall be flushed and disinfected before being placed in service after construction, repair or modification and after emergency situation such as flood, that may introduce contaminants to the system.

f. Unauthorized change, modification or alteration in the approved plans and specifications and/or in the type of construction.

g. Other causes that may be discovered during the operation of the water system, which is not in accordance with these rules and regulations and the DOH standards.

3.4 CERTIFICATE OF POTABILITY OF DRINKING WATER

3.4.1 Requirements

The issuance of the Certificate of Potability of Drinking Water shall be based on the following:

a. Results of the water sampling and testing conducted by a DOH-

accredited water analysis laboratory b. Reports and recommendation of the Local Drinking Water Quality

Monitoring Committee (LDWQMC)

3.4.2 Issuance of the Certificate of Potability of Drinking Water (CPDW)

a. The city or municipal health officer is hereby deputized by the Secretary of Health to issue Certificate of Potability of Drinking Water.

b. The frequency of the evaluation and re-validation of the CPDW shall be

in accordance with the standard interval or frequency of sampling specified in the Philippine National Standards for Drinking Water.

c. Fees for the certification shall be in such amount as set through

city/municipal ordinance.

3.4.3 Grounds for Revocation of the Certificate of Potability of Drinking Water

a. Non-compliance with maximum contaminant level set by the Philippine National Standards for Drinking Water as shown in the result of most recent water analysis

b. The result of the water analysis was not evaluated and recommended by

the Local Drinking Water Quality Monitoring Committee

c. The laboratory where the water sample was submitted and analyzed is not a DOH-accredited laboratory.

d. Other compelling reasons (e.g. false or misleading results of water analysis, etc.)

e. The Operational Permit was revoked/suspended earlier by the Department.

3.5 REQUIRED MEASURES FOR THE OPERATOR OF THE WATER SYSTEM IN

CASE WATER IS FOUND OR DECLARED UNSAFE FOR DRINKING The operator of the water supply system shall:

3.5.1 Immediately stop the operation of the part of the water distribution system that was detected to be hazardous for human consumption

3.5.2 Immediately inform the Department and the local health office of the condition of the water system. In such cases, the local health office shall immediately inform the local health authority who shall convene the Local Drinking Water Quality Monitoring Committee. The Committee shall announce to the public:

a. The status of the drinking water and the precautionary measures that

should be done by the public during the crisis

b. The limited usage of the water being supplied (e.g. for bathing, washing clothes, watering plants, washing cars, etc.)

3.5.3 Refrain from unauthorized declaration of the quality of the drinking water to the

public without any prior clearance from the Department or the Local Drinking Water Quality Monitoring Committee

3.5.4 Assume the obligation of print and media expenses in the pronouncement of the situation to the public

3.5.5 Institute immediate repair of the affected portion/s of the water supply system

3.5.6 Provide substantial quantity of drinking water to the affected consumers

3.5.7 Conduct complete disinfection of the affected portion of the water system and collect water samples for laboratory analysis

3.5.8 Wait for the clearance from the Department or the Local Drinking Water Quality Monitoring Committee and the re-issuance of the Certificate of Potability of Drinking Water by the city/municipal health officer before the full operation of the water system

3.5.9 Submit to the Department and the Local Drinking Water Quality Monitoring Committee the water supplier's contingency plans for such situation

3.6 DISTRIBUTION LINES, DELIVERY AND RETENTION

3.6.1 Water Distribution Lines

a. All openings through floors over the water distribution areas shall be provided with sleeves securely bonded to the floor construction and projecting not less than 19.1 mm (3/4 inch) above top of the finished floor with space between sleeve and pipe or duct sealed.

i. All pipes and fittings used for water conveyance shall be made

of materials acceptable to the Department

ii. All plastic pipes and fittings that are or will be exposed to ultraviolet light (UV) shall be provided with protective coating or UV protector

iii. All valves that are used in water conveyance systems shall be of food grade quality

iv. All water distribution systems shall be provided with isolation valves in branch lines or grid lines

v. Appropriate control and regulating valves shall be provided where needed.

3.6.2 Diameter

a. Fittings shall be of the same materials used for piping. For dissimilar piping materials, appropriate adaptors shall be used.

b. Floor and shower drains installed above such areas shall be equipped

with integral seepage pans.

i. For mechanical flanges and joints, food grade rubber seals shall be used

ii. For threaded joints, teflon seal shall be used.

3.6.3 Water Supply Metal Pipes and Fittings

a. Metal pipes and fittings shall be rigid, high strength and food grade.

Acceptable metal piping shall include ductile iron pipes, centrifugally cast iron pipes, stainless steel pipes, copper pipes, galvanized iron pipes

b. Other metal pipes and fittings intended to be used for potable water conveyance shall be subject to the approval of the Secretary.

3.6.4 Water Supply Plastic Pipes and Fittings

a. Plastic pipings subject to operation at temperatures that will form condensation on the exterior of the pipe shall be thermally insulated

b. Plastic pipes and fittings shall be food grade, chemically stable against

water purifying and disinfecting agents, and shall be of adequate thickness. Acceptable plastic piping and fitting materials shall include polyethylene, polyvinyl chloride, and polypropylene. The use of other plastic pipes shall be subject to the approval of the Secretary.

3.6.5 Water-Distributing Pipe

a. Where pipes are installed in ceilings above such areas, the ceiling shall

be of the removable type, or shall be provided with access panels in order to form a ready access for inspection of piping.

b. Water shall be received by the refilling station establishment from the

source through the use of the public water main or one or more of the following that shall be constructed, maintained and operated in accordance with these rules and regulations:

i. Private water system, water pumps, pipes, hoses, connection and

other appurtenances

ii. Mobile bulk water tanks

iii. Water containers

iv. Rain water catchment reservoir.

3.7 MONITORING OF DRINKING WATER SUPPLY SYSTEM

3.7.1 The city/municipal health office shall cause the monitoring of the operation of the drinking water supply system and the quality of drinking water produced and distributed within the system through the Local Drinking Water Quality Monitoring Committee.

3.7.2 Report from the water supplier of the following shall be obtained and reported to the Local Drinking Water Quality Monitoring committee:

a. Description of the vertical and horizontal extent of the source aquifer

using existing data that will be used to define the recharge area of the aquifer

b. Report on any additional improvement or constructions of the spring or

well, well installation, surface catchment and intake structures c. Watershed survey of the recharge area or zone of influence of the water

source that identifies and evaluates actual and potential sources of contamination which shall be updated every three years, including any reported discharge that may affect the source

d. A plan for special monitoring of any significant contaminant source and

the appropriate corrective measures to protect the water source e. Regular monitoring of quality of water supplies.

SECTION 4. SANITARY REQUIREMENTS FOR THE OPERATION OF RETAIL WATER SYSTEM OR REFILLING STATION

4.1 SANITARY PERMIT REQUIREMENTS

4.1.1 No person or entity shall operate a retail water system (RWS) or refilling station for commercial purposes without securing a Sanitary Permit from the city/municipal health office. The following documents shall be submitted as requirements for the issuance of the permit:

a. Operational Permit and Certificate of Potability of Drinking Water for

retail water system or refilling station where raw water is sourced from private water supply system

b. Certificate of Potability of Drinking Water for retail water system or

refilling station where raw water is sourced from public water supply system. However, validation water samples shall be required to confirm that there is no cross-connection in the main lines and/or seepage from the water main.

c. Plans and specification for the complete multi-stage water purification design of the plant prepared by a privately practicing licensed sanitary engineer (R.A.1364 and P.D. 1096) shall be submitted with each application for a sanitary permit. Such plans and specifications shall be subject for review and approval by the city/municipal health officer as recommended by a government employed licensed sanitary engineer

4.1.2 Any additional construction, alteration or renovation in the establishment or any

alteration, addition or deletion or any changes in the water treatment process, which is not indicated in the approved as-built design, shall require a new sanitary permit. Violation of this provision shall be a ground for the immediate revocation or suspension of the sanitary permit.

4.1.3 Application or Renewal of Sanitary Permit

a. The application or renewal of the sanitary permit shall be filed with the city or municipal health office having jurisdiction over the establishment. Existing establishment operating before the issuance of these rules and regulations shall be evaluated by the local health office and shall be required to conform to these rules and regulations before the renewal or issuance of the sanitary permit.

b. The sanitary permit shall be issued only upon compliance to at least a

satisfactory rating of the establishment and its product quality, utilizing the sanitary inspection form.

c. Fees shall be paid to the local government unit upon application or

renewal of sanitary permit. The amount of fees shall be set through city or municipal ordinance.

4.1.4 Noting of Permit. If there is a change in ownership of the establishment, the

new owner shall apply at the city/municipal health office within fourteen (14) working days to have such change noted in the records and sanitary permit and shall pay the corresponding fee in respect of such noting.

4.1.5 Validity. The sanitary permit shall be valid on the day of issuance until the last

day of December of the same year, unless otherwise revoked, and shall be renewed every beginning of the year, thereafter.

4.1.6 Revocation/Suspension. Upon the recommendation of the local health officer,

the sanitary permit shall be suspended or revoked by the local health authority upon violation of any sanitary rules and regulations.

4.1.7 Posting. The sanitary permit shall be posted in a conspicuous place of the

establishment for public information and shall be available for inspection by authorized health and other regulatory personnel.

4.1.8 Record of Sanitary Permit.

a. Every city or municipal health office shall keep a record of all establishments that have been issued sanitary permit and renewal thereof.

b. The record shall in every case show the following:

i. The name and address of the holder of the sanitary permit;

ii. The location of the establishment;

iii. The nature/kind of business for which the permit has been

issued;

iv. The registered business name of the establishment;

v. The date the first permit was issued and the dates of any renewal thereof;

vi. Any alteration, renovation, additional construction in the establishment;

vii. Any alteration, addition, deletion or any change in the water purification process;

viii. Every change of management of the establishment since the first permit was issued;

ix. Sanitary conditions under which the permit was issued or any renewal thereof granted; and

x. Any revocation of the sanitary permit.

c. The record shall be available at all reasonable times for inspections by any authorized officer of the Department or the local government unit concerned.

4.2 SANITARY STRUCTURAL REQUIREMENTS

4.2.1 Location.

a. The establishment shall be located in areas or zones designated by existing laws or local ordinance

b. The establishment shall be at least twenty-five (25) meters away from direct sources of pollution.

c. The site shall not be subject to flooding. In areas where frequent flooding occurs, the establishment shall be designed in such a manner that the water purification process will not be contaminated by flood water.

d. Source water and power shall be available.

4.2.2 Plans and Specifications

a. The plans and specifications of the retail water system or refilling station establishment shall be signed and sealed by a privately practicing licensed sanitary engineer and submitted to the local health office for review and approval.

b. The design, construction and specification of delivery vehicles, mobile

water tankers or bulk water tankers shall be submitted by the applicant to the local health office for approval. On-site visitation, where necessary, shall be conducted by the local health office.

4.2.3 Plant Construction and Design

a. In the design of the plant, rooms or facilities shall be provided for the refilling, selling, purification equipment (enclosed room), container washing and sanitizing, container storage (separate for filled and empty), production or source water storage facilities, toilet room and other rooms

and facilities (e.g. parking area), as may be required by the city/municipal health office. Rooms that should be under positive pressure of purified air (e.g. filling room) shall be determined by the city/municipal health office.

b. Room/Facility Area Allocation.

Refilling and Selling Room 9.50 square meters (minimum)

Water Purification Room 3.10 square meters per person (clear of all equipment)

Container Washing and Sanitizing Room

6.00 square meters (plus 3.10 square meters for every additional personnel)

Container Storage Room: 1. Filled 2. Empty

1. Sufficient area; per approved plan 2. Sufficient area; per approved plan

Production/Source Water Storage

Facilities

Sufficient space that will allow free movement during the conduct of inspection

Office Space

1.77 square meters per person (clear of all furniture and equipment)

Changeroom

2.80 square meters per person (inclusive of lockers or other facilities)

Toilet Room Per Toilet Structural Requirement

Parking Area (optional) 30 square meters plus 10 square meters for each additional car

c. All doors and partitions shall be of see-through finished materials (e.g.

glass, approved plastic materials) for the purpose of transparent product processing and satisfactory supervision.

d. All customer service openings shall be so designed and constructed as to

minimize the entrance of dust, seepage and other contaminants and to protect against entrance of insects and rodents.

e. All rooms used for processing, handling and selling shall be constructed

in accordance with the following requirements:

i. Floors. Floors shall be constructed of concrete or other impervious, non-skid and easily cleaned material and shall be adequately graded and drained. Store or selling area, if provided with floor drain, shall be of the "closed" type.

ii. Walls. The internal surface of walls shall be smooth, even, non-absorbent and easily cleaned without damaged to the surface. It shall be painted with light color or finished with light colored

materials. All angles between the floor and walls shall be rounded off to a height of 7.62 centimeters. All angles between walls and ceilings shall be sealed as to leave no spaces or cracks which would permit accumulation of dust and dirt or provide harborage for vermin. Walls of toilet, bath and other rooms/premises subject to wetting shall be constructed of impervious, non-absorbent materials to a height of not less than two (2) meters from the floor.

iii. Ceilings. Ceilings shall be constructed of smooth, non-absorbent

and easily cleaned material and painted with light color.

iv. Doors. Doors shall be self-closing and tight fitting with smooth and non-absorbent surfaces.

v. Lighting. All rooms shall be provided with a minimum

illumination intensity of 20 foot-candle (215.20 lux)

vi. Ventilation: Each personnel shall be allotted a room volume of at least twelve (12) cubic meter.

1. When only natural ventilation is provided, all rooms

shall have a window opening of at least 10% of the floor area. Windows shall be kept clean and in good condition.

2. In the absence of effective natural ventilation, mechanical ventilation with airflow from a clean area and discharged in such manner as not to create nuisance, shall be provided with the following:

a. Air-conditioning Unit — provide 1.5 HP (6,000

BTU/hr) air-conditioner for every 50 cubic meter room volume.

b. Exhaust Fans or Blower — provide 25.40-cm

diameter blower fan per 35 cubic meter room volume.

c. Toilet and Bathroom — provide a 15.24-cm

diameter exhaust fan per 10 cubic meter room volume. Mechanical exhaust systems shall be connected to the light circuits of windowless bathrooms.

3. All selling and filling and water purification rooms shall

preferably be air-conditioned. 4. All rooms shall be provided with odor absorber or with

an installed air purifier.

5. Air circulated in the room of the establishments shall be supplied through air inlets arranged, located and

equipped so that the personnel and customers are not subjected to air velocities exceeding 1.02 meter per second. Not less than three (3) changes of air per hour shall be provided.

f. No room or space shall be used in connection with the purification of

water, handling, capping, sealing, storage, sale and other related activities which is at anytime used as a sleeping quarter or directly connected to a toilet or in which animal is kept or which is or has been used for any purpose that would likely contaminate the water. Persons not directly involved in the process, including children, shall be allowed in these service areas.

g. It is strictly prohibited for RWS or refilling station establishments, particularly in the water processing, refilling and selling rooms, to conduct other business (e.g. selling grocery items, dry goods, cosmetics, etc.) or allow to display or store their items in the establishment other than the RWS materials.

4.3 SANITARY FACILITIES REQUIREMENTS

The retail water system or refilling station establishment shall provide adequate sanitary facilities including, but not limited to, the following:

4.3.1 Water Supply

a. There shall be an adequate supply of water for the operations and

maintenance of the establishment and its facilities. b. The water source shall be protected from possible contamination that will

adversely affect its potability and palatability. c. The water supply going to the water purification machines/equipment

shall be protected from backflow and backpressure from in-machine water.

d. Booster, pneumatic, pressure or other pumps shall be prohibited to be

connected directly to main water lines when water source is from public water supply system.

e. The plumbing system, water piping, connections, fittings and hoses

conveying water shall be constructed, installed and repaired with in accordance with the National Plumbing Code of the Philippines.

f. Air Gap. The air gap between the water supply inlet and the flood rim of

the plumbing fixture, equipment or non-water equipment shall be at least twice the diameter of the water supply inlet or as per the following schedule:

F i x t u r e

Minimum Air Gap (cm)

When not Affected by Near Wall

When

Affected by Near Wall

Lavatories with effective opening not greater than 1.27 cm diameter

2.54

3.81

Sink, laundry, trays and gooseneck bath faucets with effective openings not greater than 1.91 cm diameter

3.81

5.72 Over rim bath fillers with effective openings not greater than 2.54 cm diameter

5.08

7.62

Effective opening greater than 2.54 cm

2 x Effective Opening

3 x Effective Opening

g. Backflow Prevention Device. The backflow or backsiphonage

prevention device installed on a water supply system shall meet the National Plumbing Code of the Philippine's standards for construction, installation, maintenance, inspection and testing for that specific application and type of device.

h. Cross Connection.

i. No person shall install any water operated equipment or mechanism, or use any water treating chemical or substance, if it is found that such equipment, mechanism, chemical or substance may cause pollution or contamination of the domestic water supply. Such equipment or mechanism may be permitted only when equipped with an approved backflow prevention device or assembly.

ii. Approval of Devices or Assemblies. No device or assembly used for the prevention of backflow shall be installed, removed, relocated, or substituted without the approval of the local health office. Devices or assemblies shall be tested for conformity with recognized standards or other standards acceptable to the Department.

iii. The person or persons having control of such devices or

assemblies shall maintain them in good working condition. The local health office may inspect such devices or assemblies and if found to be defective or inoperative, shall require the repair or replacement thereof.

i. Conditioning Device. Water filters screens and other water-conditioning

devices installed on water lines shall be designed to facilitate disassembly for periodic servicing and clearing. Water filters shall be of the replaceable type.

j. Prohibited Connections.

i. No installation of potable water supply piping or part thereof shall be made in such a manner that it will be possible for used, unclean, polluted or contaminated water, mixtures or substances to enter any portion of such piping from any tank, receptacle, equipment or plumbing fixture by reason of back—siphonage, by suction or any other cause, either during normal use and operation thereof or when any such tank, receptacle equipment or plumbing fixture is flooded or subject to pressure in excess of the operating pressure in the hot or cold water piping.

ii. No person shall make a connection or allow one to exist between pipes or conduits carrying domestic water supplied by any public or private water service system, and any pipes, conduits or fixtures containing or carrying water from any other source or which has been used for any other purpose whatsoever, or any piping carrying chemicals, liquids, gases or substances whatsoever, unless there is provided a backflow prevention device approved for the potential hazard.

iii. No plumbing fixture, device or construction shall be installed or

maintained or shall be connected to any domestic water supply when such installation or connection may provide a possibility of polluting such water supply or may provide a cross connection between a distribution system of water for drinking and domestic purposes and water which may become contaminated by such plumbing fixture, device or construction unless there is provided a backflow prevention device approve for the potential hazard.

iv. No water piping supplied by any private water supply system

shall be connected to any other source of supply without the approval of the local health office.

k. Potable Water Piping

i. Whenever a water filter, water softener or water treating device,

or other similar device is installed in any water supply line, the pressure loss through such devices shall be included in the pressure loss calculations of the system, and the water supply pipe and meter shall be adequately sized to provide for any such pressure loss.

ii. No water filter, water softener, backflow prevention device, or

other similar device shall be installed in any potable water supply piping when the diameter of the inlet or outlet of any such device or its connecting piping is less than the diameter of such water supply piping or when the installation of such device produces an excessive pressure drop in any such water supply piping.

iii. All such devices shall be approved by the local health office and

shall be tested for flow rating and pressure loss by an approved laboratory or recognized testing agency in accordance to

standards consistent with the intent of these rules and regulations.

iv. The quantity of water required to be supplied to every plumbing fixture shall be represented by fixture units.

v. In localities where there is fluctuation of pressure in the main

throughout the day, the water piping system shall be designed on the basis of the minimum pressure available.

4.3.2 Toilet Facilities

a. Adequate and clean toilet facilities shall be provided for personnel use.

Number

of Personnel

Water Closet

Urinal

Lavatory

Male Female Male Female 5 - 29 1 1 - 1 1 30 - 49 1 2 1 2 2 50 - 99 2 2 2 3 3

For every 100 — up, one (1) fixture for each additional 50 personnel

b. The toilet shall not open directly into spaces where product water is

being purified and handled.

c. The toilet door shall be tight fitting and self-closing. d. Toilet room shall be completely enclosed, properly lighted and

ventilated. e. RWS employing less than five (5) personnel shall provide at least one (1)

water closet and one (1) handwashing lavatory.

f. Toilet room for women shall be provided with receptacle for sanitary napkins.

g. Toilet Structural Requirements:

The approval of the city/municipal health officer as recommended by the sanitary engineer shall be required on the following:

i. Plans of the toilet;

ii. Individual sewage disposal system, sub-surface absorption

system or other secondary or waste water treatment device; ii. Minimum space requirement:

Unit Sq. m./Unit Sq. ft./Unit

Water Closet 1.50 16 Lavatories 1.11 12

Urinals 1.11 12 Showers 1.11 12

1. Minimum height of ceiling = 2.5 meters 2. Lighting = not less than 10 foot-candle (107.6 lux) 3. Natural ventilation window space shall be at least 25%

of the floor area of the toilet room 4. Mechanical ventilation = use of exhaust fan

h. At least one (1) service sink or one (1) curbed cleaning facility equipped

with a floor drain shall be provided and conveniently located for the cleaning of mops or similar wet cleaning tools and for the disposal of mop water and similar liquid waste for the retail water system establishment or refilling stations.

4.3.3 Hand-Washing Facilities

a. Wash-hand basins shall be provided and installed in convenient location

and as near as practicable to where the person for whose use they are provided.

b. There shall be adequate supply of soap, nail brush, clean towels or other

suitable hand-drying facilities. c. Handwashing lavatory shall not be used for purposes other than

handwashing.

4.3.4 Liquid Waste Management

a. Waste water treatment and disposal shall be strictly enforced in accordance with the provisions of the IRR on Chapter XVII — "Sewage Collection and Disposal, Excreta Disposal and Drainage" of the Code on Sanitation of the Philippines, P.D. 856.

4.3.5 Solid Waste Management

a. Indoor Storage Area and Receptacles. If located within the

establishment, storage areas for refuse, recyclable, and returnable and refuse receptacles shall comply to the requirements of Sec. 4- "Sanitary Requirements for the Segregation and Storage of Refuse/Solid Waste" of the IRR of Chapter XVIII, "Refuse Disposal" of the Code on Sanitation of the Philippines, P.D. 856.

b. Outdoor Storage Surface. An outdoor storage surface for refuse,

recyclables, and returnables shall be constructed of non-absorbent material such as concrete or asphalt and shall be smooth, durable and sloped to drain.

c. Outdoor Enclosure. If used, outdoor enclosures for refuse, recyclables and returnables shall be constructed of durable and easy to clean materials.

d. All waste materials shall be handled in such a manner as to avoid

contamination of water. e. All other pertinent provisions of the IRR of Chapter XVIII-"Refuse

Disposal" of the Sanitation Code of the Philippines, P.D. 856 is hereby adopted and made an integral part of these rules and regulations.

4.3.6 Vermin Control

a. A vermin abatement program shall be maintained in the establishment by

the operator/owner. The methods and procedures for vermin control shall be in accordance with the implementing rules and regulations of Chapter XVI- "Vermin Control" of the Sanitation Code of the Philippines, P.D. 856.

4.3.7 Changeroom

a. RWS or refilling station establishment shall provide a changeroom and

suitable lockers or other facilities for the orderly storage of clothing and personal belonging of employees and where personnel could change from their street clothes before working and vice versa. It is prohibited to have any clothing, including gowns and aprons, in other places in the establishment except in the places abovementioned.

b. The facilities shall be so situated and arranged that there is no contamination of refilled water.

c. Where the number of persons engaged or employed is five (5) or more of either sex, there shall be provided separate changing room for each sex.

d. Changeroom shall be cleaned and disinfected at least once a week, or

more frequently as may be necessary. 4.4 SANITARY PROCESSING AND OPERATION PROCEDURES

4.4.1 Water Purification Process

a. The water treatment or purification process shall be capable of producing drinking water that is clear, colorless and free from objectionable taste and odor. The product water shall not contain any substance, organism, chemical or radioactive material at a concentration which could endanger the lives of the consuming public.

b. The design of the water treatment or purification process shall be based

on the characteristic of the source water and the availability of appropriate purification technology. The design shall be environmentally sound, ecologically safe and cost-efficient. The water purification process shall include an air filtration to minimize the recontamination of the product water.

c. The product water shall show "No Residual" of any disinfectant used.

d. An appropriate quality monitoring program for the water treatment or

purification system shall be established in accordance to manufacturers' requirements. The program shall include recording the conditions and performance of equipment.

4.4.2 Washing and Sanitizing of Water Containers, Caps and Dispensers

a. Containers, caps and dispensers for refilled water provided by the RWS shall be of non-toxic, non-corrosive and food grade quality materials.

b. Water containers or dispensers for sale or lease from the RWS or

refilling stations shall be subject to testing and certification by the Department.

c. Product water operators shall submit to the local health office the

certification by the Department indicating the acceptability of the container.

d. All water containers and caps provided by the establishment or provided by customers shall be thoroughly washed with water from approved source prior to sanitizing. Warm water with a temperature range of 46 °C to 49 °C (115 °F — 120 °F) or a strong alkaline solution with pH of 10.5 may be used to aid in the cleaning process.

e. Sanitizing solution and/or process shall be applied to all water containers

and caps after washing. It shall be the responsibility of the RWS or refilling station operator to see to it that washing and sanitizing of containers are conducted before filling it with product water. The sanitizing process may be by means of chemical, dry or moist heat agent or other approved procedures. Chemical sanitization using 60%-75% available chlorine shall be based on the standard attached as Annex 1.

f. Only DOH-approved sanitizing solution and/or process shall be

permitted. The following data regarding the sanitizing solution shall be submitted for evaluation by the Department: i. Health Hazard Data (signs and symptoms; first-aid procedures

and medical conditions generally recognized as aggravated by exposure);

ii. Reactivity Data (stability, stability-conditions to avoid,

hazardous decomposition products, hazardous polymerization, hazardous polymerization-conditions to avoid);

iii. Spill or Leak Procedures (steps to be taken in case material is

released or spilled, waste disposal information);

iv. Special Protection Information (respiratory protection, ventilation, protective gloves, eye protection, other protective measures);

v. Special Precautions (precautionary labeling); vi. Other Handling and Storage Conditions;

vii. A clear statement of the types of water purification systems

intended for sanitizer treatment is also necessary to enable the Department to estimate probable chronic human exposure to a sanitizer and its component; and

viii. The manner in which the sanitization is performed (e.g., clean-in-place, immersion, etc.) and the types of equipment intended for treatment (e.g. containers, utensils, conveyer, belt, tanks, flat work surfaces, etc).

g. Treatment of containers or surface shall not be followed by a water rinse

prior to its contact with the refilled water. Where rinsing is done, refilled water shall be used for rinsing.

h. There shall be "adequate draining" of the treated containers, equipment

or contact surfaces.

i. There shall be no residual of the sanitizer in the product water (sanitizing solutions are considered as indirect food additives).

4.4.3 Filling and Capping

a. Before being used, filling equipment (designed to be cleaned in-place)

shall be thoroughly cleansed and sanitized in-place.

i. An alkaline solution of appropriate strength shall be recirculated through the filler to provide effective cleaning of all product water contact surfaces, with a minimum recirculation time of 20 minutes at a temperature between 60°C and 76.67°C.

ii. The cleaning solution shall be drained and followed with potable

water rinse-to-drain for the removal of all residual alkalinity. The step may be supplemented by the application of an acidified rinse prior to the potable water rinse in order to neutralize any residual alkalinity on product contact surfaces.

b. Immediately following completion of filling operations, the filler shall be

thoroughly rinsed internally and externally with potable water.

c. Parts of the filler that are not designed to be cleaned in-place shall be disassembled and removed. All these parts shall be cleansed and sanitized prior to reassembly using DOH-approved cleansing and sanitizing procedure.

d. All surfaces of the filler that do not come in contact with the water shall be cleaned manually so as to render all surfaces free of residues.

e. Any other cleaning, rinsing, or sanitization operations or processes not

mentioned above shall be subject to the approval of the city/municipal health officer.

f. Filling of containers with water shall be in a manner that it will not come

in contact with hands or other surfaces that may contaminate the water. g. The rim of the container when filling shall be pointed directly to the

water-dispensing nozzle during filling. h. The container shall be properly and immediately capped after filling.

Precautions shall be observed when workers manually cap the container.

i. Sanitary Cap or equivalent cap for 5-gallons bulk water container shall be used to prevent the contamination of the neck of the container before placing it to the dispenser.

j. Five-gallon bulk water containers shall preferably be provided with handle or "ears" or a carrying strand attached to the container's groove or in the neck. Bulk water containers shall be carried only with the use of a container's grabber or handler.

4.4.4 Storage of Water

a. Storage tank/sump/reservoir design, materials, specification and location shall be reviewed and approved by local health office before its construction/ installation.

b. The design of the steel tank shall include the manhole/opening,

drainpipe, and vermin proofed vent and inlet and outlet pipes. c. Materials that are used in the construction of a steel storage tank shall be

made of non-toxic materials, durable, corrosion-resistant, and non- absorbent and finished to have a smooth, easily cleaned surface. Soldering joints materials shall be based on DOH approved materials and procedure.

d. Concrete sumps, tanks and reservoirs shall be tested for water tightness. Internal finishing construction materials shall be approved by the local health office.

e. All water storage facilities shall be cleaned and sanitized at least once a

month. f. Refilled water in containers awaiting delivery shall be stored in cool

room temperature (26°C-28°C) and relative humidity of 60%. g. Refilled water shall be stored in dry environment away from chemicals

and solvents (e.g. household cleaning products, gasoline, paint thinners) and other toxic materials and contamination.

h. Refilled water in containers shall preferably be stored in a separate

storage room. i. Refilled water containers shall be stored in slated platform with a height

of 20 cm from the floor to allow air circulation, easy cleaning and inspection of vermin infestation.

j. Holding time of stored refilled water shall not go beyond 24 hours.

4.4.5 Transporting of Refilled Water

a. All refilled water shall be transported in sanitary transporting facilities

inspected and approved by the local health office. b. All refilled water containers to be transported shall be properly arranged,

crated or boxed and the containers properly capped and protected from contamination. All vehicles shall be kept clean, and no substance capable of contaminating the product water shall be transported in such a manner as to permit contamination.

c. A Sanitary Clearance shall be required for every refilled water delivery

vehicle. Sanitary Clearance Fee shall be in such amount that the city/municipality may impose through a local ordinance. The clearance shall be posted in all delivery vehicles.

d. Delivery personnel in vehicles carrying refilled water shall see to it that

the water is maintained at room temperature (25°C-28°C). e. All deliveries of refilled water, in so far as the containers and vehicles

are concerned, shall be subject to the inspection and approval of the local health office having jurisdiction on the area of origin.

f. The local health offices concerned at the receiving point of deliveries may also conduct inspection of the containers and vehicles and findings referred to the counterpart local health office as mentioned above.

SECTION 5. SANITARY REQUIREMENTS FOR MOBILE WATER TANKS AND

BULK WATER FOR DRINKING 5.1 SANITARY CLEARANCE

5.1.1 A Sanitary Clearance shall be required for all water tankers. Fee for the clearance shall be in such amount that the city/municipality may impose through a local ordinance. The Sanitary Clearance shall be posted in each individual water tanker vehicle.

5.1.2 All deliveries of bulk water for drinking shall be subject to the inspection and

approval of the local health office having jurisdiction of the area of origin. 5.1.3 The local health offices concerned at the receiving point of deliveries may also

conduct inspection of the bulk water and findings referred to the counterpart local health office mentioned above.

5.1.4 Except during exigencies (e.g., disasters, calamities) and subject to the guidelines

issued by the Department, no mobile water purification plant (e.g., Point-Of-Entry and Point-Of-Use) shall be allowed to operate. The operation of the mobile plants shall also require a Sanitary Clearance from the local health office.

5.2 MOBILE WATER TANKS

5.2.1 Materials for Mobile Water Tanks. Materials that are used in the construction of a mobile water tank and appurtenances shall be safe, made of or finished internally with non-toxic materials, durable, corrosion-resistant, non-absorbent and finished to have a smooth, easily cleaned surface.

5.2.2 System and Drain. The mobile water tank shall be enclosed from the filling

inlet to the discharge outlet and sloped to an outlet that allows complete drainage of the tank.

5.2.3 Access Port. If a mobile water tank is designed with an access port for inspection and cleaning, the opening shall be in the top of the tank and flanged upward at least 13 mm and equipped with a port cover assembly that is provided with a gasket and a device for securing the cover in place, and flanged to overlap the opening and sloped to drain.

5.2.4 "V" Type Threads. A fitting with "V" type threads on a water tank inlet or

outlet shall be allowed only when a hose is permanently attached. 5.2.5 Tank Vent. If provided, a water tank vent shall terminate in a downward

direction and shall be covered with 16 mesh screen or equivalent when the vent is in a protected area, or a protective filter when the vent is in an area that is not protected from windblown dirt and debris.

5.2.6 Inlet and Outlet. A water tank and its inlet and outlet shall be sloped to drain.

The inlet shall be positioned so that it is protected from contamination such as grease, road dust or waste discharge.

5.2.7 Hose. A hose used for conveying drinking water shall be safe, durable, non-absorbent, resistant to pitting, chipping, crazing, scratching, scoring, distortion and decomposition and shall be finished with a smooth interior surface, and clearly and durably identified as to its use if not permanently attached.

5.2.8 Filter. A filter that does not allow passage of oil or oil vapor shall be installed in

the air supply line between the compressor and drinking water system when compressed air is used to pressurize the water tank filter.

5.2.9 Protective Device or Cover. A cap and keeper chain, closed cabinet, closed

storage tube or other approved protective cover or device shall be provided for a water inlet, outlet and hose.

5.2.10 Small Mobile Water Tank. The water tank inlet shall have a 19.1 mm inner

diameter or less and provided with a hose, with a hose connection of a size or type that will prevent its use for any other service.

5.2.11 System Flushing and Disinfection. The water tank pump and hoses shall be flushed and sanitized before being placed in service after construction, repair, modification and period of non-use.

5.2.12 Backflow Prevention. Persons operating the water tank and hoses shall prevent

that backflow and other contamination of water supply. 5.2.13 Fitting. If not in use, a water tank and hose inlet and outlet fitting shall be

protected using a cover or device.

5.2.14 Water tank pump and hoses used for conveying drinking water shall not be used for other purpose.

5.3 BULK WATER FOR DRINKING

5.3.1 Product water shall not be transported or stored in bulk tanks, or processed or placed through equipment or lines for non-food products.

5.3.2 Bulk water shall be from approved source. 5.3.3 Bulk shipment of water prior to transporting to RWS or to consumers shall be

disinfected. Free residual chlorine reading shall be maintained between 0.20 to 0.50 ppm until water reaches the plant or the household.

5.3.4 Representative samples shall be taken from shipment of the bulk water for the

analyses of coliform and Heterotrophic Plate Count (HPC). The minimum frequency of sampling shall be one sample from each tanker on a weekly basis. Record of the deliveries and laboratory results of water sample shall be available for inspection by the Department or the local health office.

SECTION 6. SANITARY REQUIREMENTS FOR WATER VENDING MACHINES AND DISPENSERS

6.1 No person shall operate a water vending machine or dispenser for commercial purposes

without securing a sanitary permit from the local health office. 6.2 The local health office may in writing, exempt establishments from securing a separate

sanitary permit for the water vending machine or dispenser when the same is located inside a food establishment. The class of vending machine shall be specified in the exemption form.

6.3 Commercial water vending machines or dispensers located in other establishments (e.g.,

drug stores, bowling alleys, billiard halls, schools, hotel lobby, cockpit arena, hospitals, theaters, service stations and other public places establishments) shall not be exempted from securing sanitary permit.

6.4 These machines shall be located only in specific places approved by the local health

office. A transfer of location shall need a new sanitary permit. 6.5 Cups used in commercial water vending machines or dispensers shall be made of

recyclable single service materials.

6.6 Water vending machines or dispensers shall be registered only in the name of the

operator. 6.7 Operators and employees of vending machines and dispensers shall secure the necessary

health certificate.

6.8 A refuse receptacle shall be located adjacent the vending machine or dispenser.

6.9 Design of Vending Machines and Dispensers. 6.9.1 Vending machines shall be so designed that practically all parts, including the

nozzles, can be cleaned and sanitized daily.

6.9.2 Drinking water dispensers shall be so designed that the nozzles are detachable for easy cleaning and sanitizing. The top most area where the bulk water container are placed, shall be provided with a sanitary protector shield or equivalent device to prevent the contamination of the drinking water from the neck and other parts of the bulk water container.

6.9.3 Vending machines and drinking water dispensers shall not contain parts that are made of lead or other toxic materials or will promote the growth of microorganisms.

6.9.4 No vending machines or drinking water dispensers shall be sold or placed for household or commercial purposes without a certification from the Department.

SECTION 7. SANITARY REQUIREMENTS FOR THE MANUFACTURE AND SALE

OF WATER PURIFICATION EQUIPMENT, GADGETS AND DEVICES

7.1 Any person or entity, firm or company involved in the manufacture and sale of

water purification equipment, gadgets and devices, including household water filters and water purifiers and similar apparatus (imported or locally made), shall submit an application to the Department through the Environmental Health Service for review, testing and certification, before they could market the said equipment, gadgets or devices.

7.2 Expenses that will be incurred by the Department on laboratory examination and

testing of the water treatment equipment, gadgets and devices shall be charged to the applicant.

7.3 Fees for the Certification shall be in such amount that the Department will

impose. SECTION 8. WATER QUALITY MONITORING

8.1 SOURCE WATER MONITORING

8.1.1 The operator and the local health office concerned shall monitor regularly the quality of the water source based on the following:

a. Bacteriological quality - at least monthly b. Physical quality - at least every six (6) months c. Chemical quality - at least every six (6) months d. Biological quality - at least once a year e. Monitoring of radioactive contaminants shall be done only if there is

significant input of radiation from the surrounding environment.

8.1.2 Samples for water analysis shall be submitted to water analysis laboratory accredited by the Department.

8.2 PRODUCT WATER MONITORING

8.2.1 The quality of product water shall conform to the requirements stipulated in these implementing rules and regulations.

8.2.2 The local health office shall monitor the product water quality at the same

frequency as the source water monitoring,.

8.2.3 The local health office may require operators of RWS or refilling station, bulk water suppliers, or operators of water vending machines to test and submit result for any substance, including organic chemical contaminants at anytime the local health office believes the substance may be present in the water source and threaten the public health.

8.3 STANDARD PARAMETERS AND VALUES FOR DRINKING WATER

8.3.1 Source water and product water for drinking purposes shall conform to the Philippine National Standards for Drinking Water.

8.3.2 Product or refilled water from RWS or refilling station shall, however,

contain no residual of any disinfectant used.

SECTION 9. REQUIREMENTS FOR PERSONNEL

9.1 HEALTH CERTIFICATE

9.1.1 No person shall be employed in any water refilling station, delivery vehicles, water tankers and bulk water tankers, and other establishments processing, dispensing or selling water without an up-to-date health certificate issued by the local health officer. The certificate shall be issued only after the required physical and medical examinations and immunizations.

9.1.2 The health certificate (EHS Form 102-A or B) shall be clipped in the upper left front portion of the employee's garment while working. This will include all the personnel and driver of delivery vehicles and mobile tankers and bulk water tankers.

9.1.3 The health certificate shall be renewed at least every year or as often as required by local ordinance.

9.1.4 Health certificates are non-transferable. 9.1.5 Regulatory fees in the processing of the health certificate shall be in accordance

with local ordinances. 9.2 PERSONAL HYGIENE AND PRACTICES

9.2.1 All personnel of the establishments including delivery and transport personnel shall observe good personal hygiene.

9.2.2 Personnel shall wear uniform or clean working garments (street clothes shall not

be considered as working garments) and hair restrain for those who are handling the refilled water.

9.2.3 Washing of hands and arms before working shall be observed. Such washing shall be repeated during working shift and after smoking, visiting the toilet, coughing or sneezing into hands, or as often as may be necessary to remove the contaminants.

9.2.4 Using, chewing or smoking tobacco in any form while processing, selling or

while in the equipment and container washing and disinfecting, is not allowed. 9.2.5 No person afflicted with a communicable disease or a carrier of such disease

which includes boils or infected wounds, infected pimples, colds or respiratory infection, diarrhea or gastrointestinal upsets and other related illnesses, shall be allowed to handle the water processing and vending activities.

9.2.6 The operator of the establishment shall notify the city/municipal health officer or

the company physician (if available) when any employee is known to have a notifiable disease.

9.3 PERSONAL PROTECTIVE EQUIPMENT

9.3.1 Personnel working in the purification of water and those that are using chemical disinfectant shall wear the approved type of respiratory protection. All other personnel handling water (filling, capping, sealing, selling, etc.) shall wear a cough mask.

9.3.2 Personnel shall wear the approved type of safety glasses where the process is using unsealed UV light.

9.3.3 All personnel working in the water purification room shall wear water- resistant shoes like rubber or plastic boots, which shall only be worn inside such room.

9.3.4 Other personal protective equipment (e.g. body, hearing, face, head, hand protection, etc.) may be required depending on the equipment, chemicals and other variations and conditions present in the establishment.

9.4 ERGONOMICS

9.4.1 The operator of the establishment shall ensure that all work procedures shall be in such a manner that it will not produce undue stresses to the musculo-skeletal system of personnel.

9.5 HUMAN RESOURCE DEVELOPMENT

9.5.1 Plant operator or persons directly involved in the management or supervision of RWS or refilling station shall undergo a 40-hour basic certification course on ecology, hydrology, microbiology and parasitology, water demand and treatment, sanitary chemistry, plumbing, public health engineering, hazard analysis critical control point, and environmental laws conducted by the Department or any DOH-accredited professional organization and institution.

9.5.2 Other employees in the establishment shall attend a 20-hour water sanitation

classes to be conducted by the local health office as a pre-requisite for the issuance of the health certificate.

9.5.3 Operators, managers, supervisors or employees who have undergone such

training course or equivalent courses in their formal academic course shall be exempted from taking the basic certification course or water sanitation classes, provided they show certification from the academic institution.

9.5.4 The plant operator and/or manager shall be responsible for the quality of product

water processed in RWS or refilling station for sale and distribution to the public. He shall be liable to any litigation that may arise as a result of negligent manufacture, storage, handling or distribution of refilled product water.

SECTION 10 INSPECTION AND EVALUATION 10.1 RESPONSIBLE OFFICER

It shall be the duty of the city or municipal health officer to cause the evaluation and inspection of every water refilling station establishment and other similar establishments, facilities or equipment processing, dispensing or selling drinking water at least once every three (3) months and to cause additional inspections and re-inspections and evaluation as deemed necessary for the enforcement of these rules and regulations. Inspection of the establishment shall be conducted within seven (7) days after payment of the inspection fee to the city or municipal treasurer concerned.

10.2 SANITATION AND INSPECTION FEE

The fees payable for every inspection shall be of such amount prescribed by local ordinance.

10.3 MISSION ORDER

10.3.1 The city or municipal health officer or the chief of sanitation division/ section/unit of the local health office, as the case may be, shall issue a mission order (EHS Form No.112) for every sanitary inspection that will be conducted by the sanitary engineer/sanitation inspector.

10.3.2 The mission order must contain the date, mission order number and series, the name of the inspector and I.D. number, the business names, addresses, categories of establishments to be inspected and the scheduled dates of inspection. This must be shown to the owner/operator of the establishment before any inspection is conducted. The immediate supervisor of the inspector shall monitor the enforcement of the mission order.

10.3.3 Sanitary inspection conducted without a mission order is prohibited.

10.3.4 The owner/operator of the establishment shall report to the local health officer or chief of sanitation division/section/unit the unauthorized inspection that was conducted.

10.4 UNIFORM OF THE INSPECTOR AND AIDS TO INSPECTION

10.4.1 The sanitary engineer or sanitation inspector shall wear the prescribed uniform of the office with the proper identification card while conducting the inspection.

10.4.2 He shall likewise bring all the equipment and supplies needed in the inspection

such as the inspection forms, clipboards, thermometers, flashlight, measuring tape, camera, light meter, water pressure gauge, sampling bottles, residual chlorine and pH comparator kits, blacklight, etc., and copy of the sanitation laws and other materials.

10.5 RECORDING OF INSPECTION

10.5.1 The sanitary engineer/sanitation inspector shall keep a record of all his inspections or evaluation reports in an inspection form (EHS Form 103-R).

10.5.2 The sanitary engineer/sanitation inspector shall furnish the original of such report

to the owner/operator. 10.5.3 Demerits entered in the appropriate column of the inspection form shall indicate

that the item does not conform with the requirements of these rules and regulations.

a. The inspection form has twenty (20) items. Non-complying items are

indicated with an (X). Every such item is weighted with a demerit 5. The rating of the establishment is therefore: 100 less (number of demerits x 5). The result is expressed as a percentage (%) rating.

10.5.4 Sanitation Standard

a. The percentage rating has an equivalent sanitation standard as follows:

Percentage Rating Sanitation Standard Color Code

90 % - 100% EXCELLENT Luminous Green 70 % - 89 % VERY

SATIFACTORY

Luminous Yellow 50 % - 69 % SATISFACTORY Red-Orange

b. The sanitation standard rating sticker (SSRS) (EHS Form No. 104 -A/C) shall be posted in a conspicuous part of the establishment, preferably at the door of the RWS or refilling station, for guidance of the customers. It shall be updated once every three- (3) months, unless revoked earlier.

10.5.5 The average sanitation standard of every refilling station shall be evaluated by

the local health officer/chief of sanitation division/section/unit every year-end to determine its improvement/ maintenance of rating.

10.6 REPORT OF INSPECTION

10.6.1 The sanitary engineer/sanitation inspector who conducted the inspection shall

complete the sanitary inspection report, and whenever an inspection form issued indicates non-complying items, he shall notify the owner/operator of the corrections to be made and indicate a reasonable period for its compliance.

a. The recommended corrective measures shall be specific in nature or easy

understanding of the owner/operator of the establishment. b. Reasonable period for compliance or grace period shall be inclusive of

Saturdays, Sundays and holidays.

10.6.2 The sanitary engineer/sanitation inspector who conducted the inspection shall likewise prepare a sanitary order (EHS Form No. 107) for approval by the city or municipal health officer or chief of the sanitation division/section/unit as the case may be.

10.6.3 Within 48 hours of the inspection or evaluation, the original copy of the

inspection report (EHS Form No. 103-R) and the sanitary order shall be furnished and acknowledged by the holder of the sanitary permit or the owner/operator of the establishment. The inspection report shall be personally delivered, or shall be sent through postal service, registered with return card.

10.7 RE-INSPECTION

10.7.1 If upon re-inspection of the establishment after the deadline, the sanitary

engineer/ sanitation inspector finds that correction has not been affected, he shall report to the local health officer who shall recommend to the local health authority the revocation of sanitary permit.

10.7.2 A copy of the inspection form and any notice served shall, in all cases be filed and kept by the local health office and be available for inspection by authorized officials.

10.8 SERVICE OF NOTICE

10.8.1 Whenever an inspection or evaluation form indicates non-complying items, the city or municipal health officer shall serve the owner or operator a sanitary order requiring him, within the grace period stated in the order, to take such remedial action as may be specified therein.

10.8.2 In the event of non-compliance of the first sanitary order by the owner/operator, the health officer may serve a second notice:

a. Second Sanitary Order

i. If the owner of the establishment needs additional time to

comply with the first sanitary order, he shall request the city or municipal health officer in writing, prior to the expiration of the sanitary order, for an extension of the grace period. The local health officer, upon the recommendation of the sanitary engineer/ sanitation inspector who conducted the inspection, will act on such request.

ii. Notice of Hearing (EHS Form No.118). The city or municipal

health officer shall call the holder of the sanitary permit to show cause, at a time and place stated in the notice, why the permit issued in respect of the establishment should not be revoked.

10.9 REVOCATION OF PERMIT

10.9.1 After prior notices and hearing as provided above, the local health officer, if satisfied that the terms of the two notices have not been complied with or failure to comply therewith is not excusable, shall recommend the revocation of the said permit, or;

10.9.2 After the second sanitary order on an extended grace period, a re-inspection was

conducted and still the owner/operator fails to comply with such order as reported by the sanitary engineer/sanitation inspector, the local health officer shall recommend to the local health authority the revocation of the sanitary permit without delay and shall inform other related agencies of the city or municipality of such revocation.

10.9.3 Lifting of suspension of permit may be recommended when the owner/operator

of the establishment complies with the notices. 10.9.4 The owner of the establishment may file a motion for reconsideration to the local

health authority if he is not satisfied with the action of the local health officer. 10.9.5 The local health authority may file court proceedings against any establishment

for continuously operating after the revocation of its permit. 10.10 SUMMARY SUSPENSION OF PERMIT

Whenever the city or municipal health officer finds unsanitary or unhealthy conditions in the operation of the establishment which constitute a substantial hazard to public health, the local health officer shall recommend the immediate suspension of the sanitary permit. Any person to whom such order is issued may file a written petition and shall be afforded a hearing within 48 hours.

10.11 APPEALS

The person or panel conducting the hearing may confirm, modify or reverse the decision appealed from which decision shall be final.

10.12 POWER OF ENTRY

Any sanitary engineer/sanitation inspector or duly authorized officer of the Department of Health or of the provincial, municipal or city health offices, upon presentation of proper credentials may at all reasonable times enter into any establishment for the purpose of inspection or any other action necessary for administration of these rules and regulations. 10.12.1 Sanitary inspections shall be conducted by officials in accordance with these

rules and regulations.

10.12.2 Sanitary inspections shall be done preferably during the time while the establishment is in operation.

10.13 HEARINGS

The local health authority may conduct hearings regarding erring establishments. The decision of the local health authority shall be deemed final and executory.

10.14 VISITORIAL POWER

10.14.1 The Local Drinking Water Quality Monitoring Committee may visit any water supplier under its jurisdiction, for the purpose of verifying the conduct of collection of water sample, interpret the result of the laboratory analysis, assist in the mitigation of water-borne outbreaks, and recommend to the local health authority the immediate stoppage of a water supply system found operating to the detriment of public health, the imposition of fines to the water supplier and the announcement to the public of the status of the drinking water of the locality in accordance with these rules and regulations.

SECTION 11. RESPONSIBILITY OF THE OPERATORS OF RETAIL WATER

SYSTEM OR REFILLING STATIONS, BULK WATER SUPPLIERS, OPERATORS OF WATER DISPENSER OR VENDING MACHINE

The operator shall: 11.1 Submit the plans, specification and other required documents of private water sources

before its construction to the DOH for review and approval. 11.2 Secure the necessary permits for the establishment, water dispenser or vending machine

and transport/delivery vehicles and health certificate from the local health office. 11.3 Submit periodically the result of the required water samples for laboratory analysis. 11.4 Secure the Certificate of Potability of Drinking Water at frequencies prescribed in these

rules and regulations. SECTION 12. RESPONSIBILITY OF MANUFACTURER/SUPPLIER OF WATER

PURIFIER The manufacturer/supplier shall:

12.1 Submit the product particulars for review and certification of the DOH before the same will be offered for sale.

12.2 Submit result of laboratory analysis of treated water passing the water purifier. SECTION 13. RESPONSIBILITY OF THE LOCAL HEALTH OFFICER The local health officer shall: 13.1 Conduct or cause the conduct of sanitary inspections and evaluation of every

refilling stations, water dispensers or vending machines, delivery vehicles and mobile water tankers and validate the water quality of RWS if complying with the standard parameter and values for refilled water.

13.2 Issue Sanitary Permit to establishments, water dispensers or vending machines and issue Sanitary Clearance to mobile water tankers and delivery vehicles complying with the minimum sanitation requirements.

13.3 Issue Health Certificates to all personnel, including drivers of delivery vehicles of the establishments.

13.4 Cause the conduct of sanitary survey for the development of a drinking water supply

source and issue Drinking Water Site Clearance to applicants.

13.5 Issue Certificate of Potability of Drinking Water in accordance with these rules and regulations

13.6 Validate from the DOH approved water purification apparatus, devices and similar

gadgets being sold or peddled to the public.

13.7 Cause the conduct of investigations of any claim on advertised product water or water purification equipment, which in his judgement, may be detrimental to public health and safety.

13.8 Enforce the provisions of these rules and regulations.

SECTION 14. RESPONSIBILITY OF THE LOCAL HEALTH AUTHORITY The local health authority shall: 14.1 Certify the passing of an ordinance consistent with these rules and regulations to

strengthen its enforcement. 14.2 Provide the necessary supplies and materials to the local health office for the enforcement

of these rules and regulations. 14.3 Issue directives upon the recommendation of the local health officer for the closure of

establishments operating without the necessary sanitary permit and/or whose operation is inconsistent to the DOH standards and these rules and regulations.

14.4 Prohibit the selling of water purifiers or equivalent apparatus if found not conforming to the DOH requirements.

14.5 Enforce the provisions of these rules and regulations. SECTION 15. RESPONSIBILITY OF THE REGIONAL HEALTH

DIRECTOR The regional health director shall: 15.1 Issue Initial and Operational Permit to water suppliers in accordance with these rules and

regulations. 15.2 Coordinate with other government agencies, NGOs, professional associations on the new

technology of drinking water purification. 15.3 Conduct surveillance of the proliferation of water refilling stations and household and

commercial water purifier operating or being sold in the market without the certification from the DOH.

15.4 Enforce the pertinent provisions of these rules and regulations. SECTION 16. PENAL PROVISION 16.1 Any person who shall violate, disobey, refuse, omit or neglect (including implementors)

to comply with any of the provisions of these rules and regulations, shall be guilty of misdemeanor and upon conviction shall be punished by imprisonment for a period of not exceeding six (6) months or by a fine of not exceeding Php 1,000.00 or both depending upon the discretion of the court.

16.2 Any person who shall interfere with or hinder, or oppose any officer, agent or member of the Department of Health or the bureaus and offices under it, or of the local government units or local health offices in the performance of his duty as such under these rules and regulations, or shall tear down, mutilate, deface or alter any placard, or notice, affixed to the promises in the enforcement of these rules and regulations, shall be guilty of a misdemeanor and punishable upon conviction by imprisonment for a period not exceeding six (6) months or by a fine of not exceeding Php 1,000.00 or both depending upon the discretion of the court.

SECTION 17. SEPARABILITY CLAUSE In the event that any rule, section, paragraph, sentence, clause or words of these implementing rules and regulations is declared invalid for any reason, the other provisions thereof shall not be affected thereby. SECTION 18. REPEALING CLAUSE All laws, orders, rules and regulations which are inconsistent with the provisions of these rules and regulations are hereby repealed or amended accordingly.

SECTION 19. EFFECTIVITY These rules and regulations shall take effect after fifteen (15) days from date of publication in the official gazette or newspaper of general circulation.

Approved on this 25th day of June nineteen hundred and ninety nine. (SGD) ALBERTO G. ROMUALDEZ, JR., M.D. Secretary of Health

Date of Publication: 16 July 1999, Philippine Daily Inquirer

REFERENCES • Civil Code of the Philippines, NBS Editorial Staff, 1985 • Environmental Health Service, Handouts of Workshop on the Review and Updating

of the Sanitation Code of the Philippines, Volume I and II, Department of Health, 8-12 August 1994

• Environmental Health Service, Published Implementing Rules and Regulations of the Sanitation Code, Environmental Health Service, Department of Health, 1995-1999

• NEDA Board Resolutions of 1994, 1995,1998 • NEDA, Highlights of the National Water Summit, 9 December 1994 • Nolledo, Jose N. (1991). The 1991 Local Government Code with Basic Features,

National Bookstore , Inc. • Presidential Decree No. 522, Official Gazette, Vol. 70, No. 34, August 26,1974 • Presidential Decree No. 856, Official Gazette, Vol. 73, No. 16, April 18, 1977 • Presidential Decree No. 1067, Official Gazette, Vol. 73, No. 18, May 2, 1977 • Presidential Decree No. 1096, Official Gazette, Vol. 73, No. 22, May 30, 1977 • Presidential Decree No. 1151, Official Gazette, Vol. 73, No. 31, August 1, 1977 • Presidential Decree No. 1152, Official Gazette, Vol. 73, No. 32, August 8, 1977 • Republic Act No. 3626, Official Gazette, Vol. 59, No. 38, September 23, 1963,

p.6416 • Republic Act No. 8041, Official Gazette, Vol. 91, No. 32, August 7, 1995, p.4991-

4994 • Philippine Engineering Laws, NBS Editorial Staff, 1980 • Philippine Environmental Laws, Vol. II, NEPC, 1983 • Philippine National Standards for Drinking Water 1993, Department of Health, 1993 • Rules and Regulation Implementing the Local Government Code of 1991

About the Compiler Engr. Bonifacio B. Magtibay is a registered civil/sanitary engineer, a freelance consultant in the field of water and environmental sanitation, a faculty member of De La Salle University-Cavite, and a technical staff of the Department of Health-Central Office-Manila. He was born in Calapan, Oriental Mindoro, Philippines where he completed his elementary (1974) and secondary (1978) education bot as Salutatorian. He obtained his B.S. Civil Engineering (1983) and B.S. Environmental and Sanitary Engineering (1985) at the Mapua Institute of Technology, Manila. He holds a Diploma in Sanitary Engineering (1988) from the International Institute of Hydraulics and Environmental Engineering, Delft, The Netherlands. He is a graduate of M.S. in Environmental Management at the Philippine Women's University in 2001. He started his career in water and environmental sanitation at the Environmental Health Service, Department of Health, Manila as Sr. Civil Engineer (1985-1987) and Sanitary Engineer (1987-1990). From 1990 to 1997, he was engaged by United Nations Children's Fund (UNICEF) as National Project Officer for Water and Sanitation. Since 1997, he has been involved in water and sanitation consulting works. He has rendered consulting services to the following agencies: World Bank, World Health Organization, UNICEF, GTZ, Department of Interior and Local Government, and Snowy Mountains Engineering Corporations. In 1999, he established the Biosphere Environmental Health Systems Consultancy Services. Engr. Magtibay's involvement in the water and environmental sanitation sector exposed him to numerous travels here and abroad. He was able to visit many provinces and cities in the Philippines as well as in other countries, such as: the Netherlands, Germany, France, Switzerland, Belgium, Luxembourg, England, Italy, United States, Barbados, Thailand, Bangladesh, Vietnam, Malaysia, and Cambodia to accomplish a combination of field work, study tour, training, conference and consultancy. As a writer, he has contributed water and sanitation - related articles in local magazines and sector newsletters. While at work, he has written technical papers which include program plans, operational plans, project proposals, rapid assessments and project evaluations. He also delivered lectures in different fora touching topics on water quality, sanitation, environmental health and environmental management. In 1999, he conceptualized a series of books highlighting environment and health systems. He is a member of the following professional organizations: Philippine Society of Sanitary Engineers, Philippine Institute of Civil Engineers, Philippine Waterworks Association and League of Public Health Engineers.

Available Books:

• Policies and Guidelines on Water Supply Systems (Local Edition-ISBN 971-92113-0-X)

• Policies and Guidelines on Wastewater Disposal Systems (Local Edition-ISBN 971-92136-0-4)

Forthcoming books (International Edition-Electronic Version):

• Philippine Regulations on Wastewater Disposal Systems • Philippine Regulations on Environmental Management Systems • Philippine Regulations on the Sanitation of Public Establishments

and Places • Legal Bases of Philippine Institutions and Professions Concerned

with Water, Sanitation and Environment • Statistics, Standards and Specifications for Philippine Water,

Sanitation, and Environment Systems • Reviewer on Philippine Water, Sanitation and Environment

Systems