Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
HouseBi||No.9353
INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TULFO,
TOCELYN P. TULFO, and ERWIN T. TULFO
AN ACT MANDATING THE ESTABLISHMENT, MANAGEMENT,
MAINTENANCE, AND REGULATION 0F A RAINWATER HARVESTING
FACILITTY IN ALL NEW INSTITUTIONAL, COMMERCIAL, INDUSTRIAL,
AND RESIDENTIAL DEVELOPMENT PROJECTS IN METRO MANILA
EXPLANATORY NOTE
The Philippines, located along the Pacific Ring of Fire and within the Typhoon
Belt, stands as a country perpetually exposed to a wide range of natural hazards. With
the  continued  aggravation  of  climate  change,  the  country  experiences  a  higher
frequency of storm surges, widespread flooding, and other series of catastrophes that
put our citizens at risk. This reality stresses the importance of inplementing a new
management strategy that turns hazardous rainwater into a valuable resource in the
face of environmental uncertainties.
Article 11, Section 16 of the 1987 Philippine Constitution provides that the State
shall protect and advance the right of the people to a balanced and healthful ecology
in accordance with the rhythm and harmony of nattire. This policy recognizes the
finiteness  of  natural  resources  vis-a-vis  mankind's  responsibility  to  utilize  these
resources more effectively to deter natural disasters and maintain healthy ecosystems
domestically as well as globally.
In  pursuit  of  this  constitutional  mandate,  there  exists  a  need  to  establish
rainwater  management  practices  and  systems  to  reduce  occurrences  of  disasters
attributable to rainwater. Supporting this development not only ensures a culture of
safety and resilience among Filipino communities but also preserves ecosystems that
withstand succeeding inevitable adversities.
This  proposed  legislative  measure  requires  new  commercial,  institutional,
industrial, and residential development projects to develop and maintain a rainwater
harvesting facility, as well as owners or developers of an ongoing development project
in Metro Manila to build a sindlar facility within three (3) years from effectivity of this


bill after passing into law. This bill also features the tax incentivization of landowners
and developers of existing structures built prior to the passing of this bill into law who
may opt to install a rainwater harvesting system or retrofit as well as those who will
invest in any innovation or technology that will recycle collected rainwater for potable
uses.
In view of the foregoing, the urgent passing of this bill is earnestly sought.
#L
RALPH rm
P.TULF0      JO
Representative
2nd District of Quezon City
ACT-CIS Partylist
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Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
HouseBil|No.9353
INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TULFO,
]OCELYN P. TULFO, and ERWIN T. TULFO
1                  AN ACT MANDATING THE ESTABLISHMENT, MANAGEMENT,
2           MAINTENANCE, AND REGULATION OF A RAINWATER HARVESTING
3           FACILITY IN ALL NEW INSTITUTIONAL, COMMERCIAL, INDUSTRIAL,
4              AND RESIDENTIAL DEVELOPMENT PROJECTS IN METRO MANILA
Be it enacted by the Senate and the House Of Representatives of the Philippines, in Congress
assembled:
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6           SECTION 1. Sftorf I..fJc. -This Act shall be known as the ``Rainwater Harvesting
7      FacilityAct''.
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9           SEC. 2. Dechar¢f{.o# a/Poll.car. -It is a declared policy of the state to protect the
10      right of the people to a balanced and healthful ecology and advance the health and
11      welfare of its citizens in accordance with the rhythm and harmony of nature. Pursuant
12      thereto, the government and all its instrumentalities shall systematically integrate the
13      concept  of  climate  change   in  the  various   phases   of  policy   formulation  and
14      development plarming, in drawing up and implementing poverty reduction strategies
15      and innovations that provide beneficial effects to the greatest number of people with
16      the least cost and negative extemalities.
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18          In this light, and given the demands of a growing population, the state shall adopt
19      measures and strategies in order to efficiently conserve water and help attain water
20      security.   Among  other  strategies  on  water  conservation,  rainwater  harvesting
21      facilities shall be established not only to conserve the supply of potable faucet water,
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1      but also to prevent flooding in communities that sometimes result into devastating
2      effects to human life and property. Both the public and private sectors are urged to
3      actively participate in flood mitigating efforts and ihitiatives of the government.
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5          The state recognizes Metro Manila as one of the densest areas in the country. To
6     mitigate  the  adverse  effects  of  continuing  growth  in  population  and  human
7      settlements,  the  State  shall  ensure  that  Metro  Manila  local  governments  are
8      capacitated to respond to threats brought by natural calamities and disasters such as
9      massive  flooding.  Towards  this  end,  the State  shall  mandate  the  construction  of
10      rainwater harvesting facilities in all new public and private commercial, institutional,
11      industrial, and residential developments in Metro Manila which will serve as a pilot
12      area from which other sirnilar areas can learn.
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14          Pursuant thereto,  owners  and  developers  of all  new public  and  private realty
15      development projects in Metro Manila requiring the issuance of building permits are
16     mandated to design and construct a rainwater harvesting facility to prevent or delay
17      the release of rainwater and runoff water into the public drainage systems, creeks, and
18      natural waterways.
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20          SEC. 3. P#nyose. -This Act seeks to establish minimum rainwater management
21      requirements and controls to protect and safeguard the general health, safety, and
22      welfare of the public against the ill effects of floods, on one hand, and water shortage
23      on the other. This Act pursues the following objectives:
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25                 (a) Reducing flooding, siltation, increases in stream temperature and stream
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bank erosion, and maintaining the integrity of stream channel by regulating
the  accumulation  of  rainwater  runoff  in  any  proposed  and  existing
commercial, institutional, industrial, and residential developments;
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(b) Preventing the degradation of water quality by averting non-point source
pollution caused by rainwater runoff developments;
(c) Regulating the annual volume of surface water runoff from any specific site
during  and  following  a  development  so  as  not  to  exceed  the  pre-
development hydrologic regime in an area; and
(d) Establishing standards for rainwater management control to ensure that
these and the facilities thus built are properly complied with and do not pose
a threat to public safety.
SEC. 4. De/I.«1.fl.o7t a/ Te7'772s. - As used in this Act:
(a)   AppZz.co7tf refers to a property owner or agent who has filed an application
for a rainwater management permit;
(b)   Bwt7d{.7tg refers to any structure built for the support, shelter, or enclosure of
person, animals, chattels, or movable property of any kind and which is
permanently affixed to the land;
(c)   B#z7d!.7tg O#ct.flz refers to a local building official as appointed or designated
pursuant  to  Presidential  Decree   (PD)  1096,   otherwise  known  as  the
`` National Building Code of Philippines'';
(d)   Ckrft¢cafe  o/ Ocoup#riey  refers  to  a  permit  issued  by  the  Zoning  Officer
indicating that the use of the building or land is in conformity with the
Zoning Ordinance or that there has been a legal variance therefrom;
(e)   Chart7.cZ refers to a natural or artificial watercourse with definite bed and
banks that conducts flowing water continuously or periodically;
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(f)    Co7tfo#r  !.7tfe777flJ  refers  to  the  vertical   distance  between  the  elevations
represented by adjacent contour lines on a map;
(g)   Co7!fo#r Zt.7zc refers to a line on a map or chart connecting all points of the
same elevation or depth in a particular area;
(h)   Defe7tfro7i refers to a rainwater management practice of temporarily storing
rainwater runoff to control the peak discharge rate and to likewise induce
settling of pollutants through gravity;
(i)    Dcz7ezaper refers to a person or entity who undertakes land disturbance or
land development activities. A developer may only be contracted to develop
and may or may not be the owner of the development, such as a building
structure being built;
0)    DezJezapmc7if refers to any man-made change to improved or unimproved
real estate, including buildings or other structures, mining, dredging, filling,
grading, paving, excavation, or drilling operation;
(k)   FZood feqwc7zey refers to a record of past flood events or occurrences that
yield flood data estimates used principally to compare expected changes in
flood damages with the economic and social costs or benefits guiding a
contemplated action;
(I)    Hydrozogr`c regr.me refers to the quantity and dynamics of water flow or the
variations in the state and characteristics of a water body depending on
location and time of the year, which may occur in regular patterns;
(in) J7tfJtrrzfro7t   refers  to   the  process  of  percolating  or  gradually  filtering
rainwater into the subsoil;
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(n)   Jri¢.Zfroztr.o" /Hct.Zi.fry  refers  to  any  structure  or  device  designed  to  infiltrate
water to the subsurface. These facilities may be above ground or below
oround;
(o)   L¢7id di.sfzirha7tce refers to any activity which changes the volume or peak
flow discharge  rate  of rainfall  from the  land  surface.  This  may  include
grading, digging, cutting, scraping, or excavating of soil, placement of fill
materials, paving, construction, substantial removal of vegetation, or any
activity which bares soil or rock or involves the diversion or piping of any
natural or man-made watercourse;
(p)   La7tdouJ7ter refers to the legal or beneficial owner of land, including those
holding the right to purchase or lease the land, or any other person holding
proprietary rights over the land;
(q)   O#-S2.£c  F¢cjJz.fy  refers  to  a  rainwater  management  installation  located
outside the subject property boundary described in the permit application
for land development activity;
(r)    07z-St.fe Faci.Zz.fy refers to a rainwater management installation located within
the subject property boundary described in the permit application for land
development activity;
(s)    R¢t.7t7{Jflfer Des!.g7'z M¢#tt¢Z refers to the Planning and Design Manual for the
Control of Erosion, Sediment, and Rainwater of the Department of Public
Works and Highways (DPWH);
(t)    Rflz.7i7{J¢£er  m¢73#grmc77£  refers  to  the  use  of  structural  or  non~structural
practices  that  are  designed  to  reduce  rainwater  runoff  pollutant  loads,
discharge volumes, and peak flow discharge rates;
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(u)   R#i.7!z{J¢£er refroff refers to a rainwater management practice designed for an
existingdevelopmentsitethathadnotimplementedrainwatermanagement
measures, or had previously implemented measures that were inadequate
to meet the rainwater management requirements of the site;
(v)   R¢t.HzlJ¢fer "rzo#refers to water flow on the surface of the ground, resulting
from precipitation;
(w)  R¢z.7t7{7¢fer  frt7¢fr7ic77£  refers  to  a  process  by  which  collected  rainwater  is
filtered  or  cleaned  through  either  structural  or  nonstructural  means  to
prevent  or  reduce  point  source  or  nonpoint  source  pollution  inputs  to
rainwater runoff and water bodies, as well as to upgrade rainwater for re-
use;
(x)   R¢I.7tftJ¢ter H¢roestr.7zg  F¢cz.Z!.fy refers  to  a  flood  control  structure  such  as  a
vertical detention tank, horizontal water tank, open retarding basin, and
multi-water catchment area, or an on-site regulation pond used to prevent
or delay the release of rainwater into the public drainage system;
(y)   Rchar# pe7i.od refers to the average length of time in years for a rain-related
natural disaster of given magnitude to be equaled or exceeded by the length
of time that a rainwater-related disaster may probably recur;
(z)   Recharge refers to the replenishment of underground water reserves;
(aa) Redee7eJap77'ze7zf   refers   to   any   constmction,   alteration,   or   improvement
exceeding one hundred square meters (100 sqm) in high density areas where
existing land use is for commercial, industrial, institutional, or multi-family
residential purposes;
(bb) Slap Work 07'der refers to an issuance by the Building Official that requires
the discontinuance or stoppage, in part or whole, of the construction activity
in a site due to a violation of the law;
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2               (cc) W¢fercoorsc refers to a permanent or intermittent stream or other body of
3                      water, either natural or man-made, which gathers or carries surface;
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5               (dd) S"r/rzce zu¢fer refers to all naturally occurring water found in estuaries, lakes,
6                       rivers, ponds, reservoirs, ponds, seas, etc.; and
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8               (ee) Wcofher ¢berr¢fro7t  refers  to  a  departure  from what  is  normal,  usual,  or
9                      expected, in the weather system typically one that is unwelcome.
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11          SEC.  5.  Rainevater  Harvesting  Facility  Requirement.  -  A  prof]ect  owner  or
12      developer of a new commercial, institutional, industrial, and residential development
13      project in Metro Manila, with a building footprint area of at least one hundred square
14      meters (100 sqm) that requires the issuance of building permit, shall reserve, develop,
15      and maintain a rainwater harvesting facility with a minimum storage tank size in
16      cubic meters calculated by dividing the building footprint area by 75.1
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18          The owner or developer of an ongoing development project in Metro Manila, that
19      has no existing provision for rainwater harvesting,  shall build a facility within a
20      period of three (3) years from the effectivity of this Act, or suffer the penalty imposed
21      insectionl3hereof.
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23          When additions, alterations, conversions, and renovations of an existing building
24     constructed after the effectivity of this Act fit within the minimum building footprint,
25      the whole building shall be subject to the applicable provisions of this Act.
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27          To conserve potable water, rainwater collected by a harvesting facility may be used
28      for non-potable and suitable purposes, such as gardening and air-cooling processes,
29      provided  through  a  distinct and  separate  piping system from  the  potable  water
1 Standard indicated in Paragraph c.i of Section 11.2.1 of the Philippine Green Building Code, 2015.
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1      supply system. The landowner or developer may opt to utilize a system or technology
2      that can recycle collected rainwater for potable uses such as bathing, dishwashing, or
3      cooking,  provided  it meets the water  quality  standard  of any  government water
4      agency or duly accredited water testing center.
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6          SEIC. 6. Requirements f or Rainwater Management plan. -Ahi project owners or
7      developers of proposed commercial, industrial, and residential development or any
8      residential multi-dwelling units of more than one thousand square meters (1,000 sqm)
9      land  area must  submit a  Rainwater  Management Plan  (RMP)  as  part  of the  site
10      development application and approval process.
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12           The RMP shall include the following information:
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14                 (a) Description of existing conditions in the location of the development site:
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i.      Topographic  map  with  1.0-meter  minimum  contours  line  or  an
appropriate contour interval of the land proposed for development
or redevelopment;
ii.      Location  of natural  waterways  including banks  and  centerline  of
streams and charmels;
iii.      Normal  shoreline,  coastlines,  outline  of lakes,  natural  depressions
and ponds, including drainage flow lines; and
iv.      Quantification  of  flows   (discharge   and  volume)   in  its  natural
condition.
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25                 (b) Proposed site  Development plan (SDP)  in an appropriate scale and  size
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showing the following:
i.      Retention/detention basins and lines of inflow and outflow;
ii.      Location, size, and slope of rainwater conduits and drainage swales;
iii.      Rain, sanitary, and combined sewer and outfalls;
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1V.
Delineation  of  upstream  and  downstream  drainage  features  and
watersheds which might be affected by the development; and
v.      Other  environmental  features  including  limits  of  wetland  areas,
green buffers, planting strips, and any designated natural areas for
rainwater management;
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7                 (c) Description of the proposed Rainwater Management system (RMS) to safely
and completely manage rainwater runoff on-site or off-site, help maintain
the natural hydrologic cycle and condition of flow in a locality, and reduce
the risk of downstream flooding.
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12           The proposed RMS shall be accompanied by hydrologic and hydraulic calculations
13      to adequately demonstrate the effectiveness of the RMP. It shall be designed to meet
14      the desired flood frequency which is designated to a particular drainage structure as
15      stated in the Design Manual of the DPWH: Proz".did, That a 25-year flood frequency
16      or higher may be required for major rivers and waterways,  subject to the design
17      criteria in section 9 of this Act.
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19          The RMP shall be accompanied by relevant information such as rainfall data in a
20      locality, maps, and other descriptive material to include the following:
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22                 (a) The extent of catchment and drainage channels on site, and direction of the
23                      flow of the channels including the final outfall of the discharge from the site;
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25                 (b) Hydrologic and hydraulic design calculations for the pre-development and
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post-development  conditions   of   a  rainwater   management   system   as
required under Section 9 hereof. The calculatious for determining peak flows
include  a  description  of  storm  frequency,  intensity,  duration,  time  of
concentration, soil curve number or runoff coefficients, peak runoff rates
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andtotalrunoffvolumes,infiltrationrates,culvertcapacities,flowvelocities,
data on the increase in rate and volume of runoff for the design storm; and
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4                 (c) Technical specifications of the proposed RMS, including a description of
5                      proposed rainwater conveyance practices on-site, existing off-site rainwater
6                      conveyance systems including receiving streams, channels, and outfall and
7                      inlet locations, and elevations of locations and high-water elevations.
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9          SEC. 7. Che`I'ndcals, Ef f haeuts, and other coutaninants. -Phor to the issoance of aL
10     building permit for their development or redevelopment, all industrial plants and
11      estates shall secure the appropriate certification from the Department of Environment
12      and  Natural  Resources  (DENR)  that  all  chemicals  used  in  their  operations,  by-
13      products,  effluents,  and  other  operational  discharges  do  not  contain  harmful
14     contaminants that can be washed by or into the rainwater.
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16          The type of roofing must also be identified and assessed if used for collecting
17      rainwater as some roofing materials may seep chemicals that can cause adverse effects
18      if ingested, used in irrigation, fishponds, groundwater recharge, among others.
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20           SEC. 8. Lm.Ji.z¢fi.o# a/Ra..#coflfer. -Rainwater shall be harvested for the following
21       uses:
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23                  (a) Rflt.7!z„¢ter/or "rha# !.7.r't.gr£!.o#. -Due to the high cost of class A water, its use
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for yard irrigation shall be minimized if not prohibited and, instead, water
for irrigation shall come from the rainwater detention system.
Rainwater  as  source  for  urban  irrigation  or  watering  of  laws  shall  be
indicated in all development plans.  Treated  grey water from effluent of
treatment facility may be a secondary source of water for urban irrigation.
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(b) R¢!.""J¢fer/or groc47tdz{J¢fer rechargr. -The RMS is intended mainly to ensure
natural balance of the hydrologic cycle by allowing rainwater to recharge
the groundwater table that sustains the yield and production of deep wells.
Groundwater  table  recharging  may  be  in  the  form  of  the  following
management systems :
i.      Lagoon  or  retention  pond  that  allows  for  natural  seepage  to  the
ground water aquifer;
ii.      Swales and depression storage;
iii.      Porous or paver blocks on some developed areas; and
iv.      Retention channels.
The  sizes  and  dimensions  of  any  of  the  above  facilities  shall  be
dependent on the rainfall intensity and the size of the development.
(c) R¢!.7t7{7¢fer  /or  freflg7ttr.7ig.   -  Rainwater  may  substitute  or  augment  the
firefighting  requirement,  subject  to  health  and  corrosion  standards.  A
separate storage tank for fire water reserve shall be constructed. Other laws
concerning the requirement of water for firefighting shall be considered.
(d) R¢i.#uJ¢fer /or co"stwctr.o7i. -Simple filtration systems and other applicable
methods to remove suspended solids and other coarse materials may be
employed to improve water quality and avert adverse effects to construction
equipment and the environment.
(e) Rainwater for other non-potable water supply. -Re[inwater shaft be subi]ected to
primary and secondary treatment to make it a viable secondary source for
the following purposes:
i.      Washing of cars and flood yards;
ii.      Flushing oftoilet; and
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iii.      Fish ponds, aquarium, and the like.
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3                  (f)  R¢i.7t7{J¢fer/or pof¢bze ttses. -To make it potable, rainwater may be collected,
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processed, subjected to filtering innovations or technological interventions,
and used for drinking, cooking, dishwashing, and bathing, subject to water
standards.
Potable water quality shall, at all times, comply with the requirements and
standards   of   the   Philippine   National   Standard   for   Drinking  Water
(PNSDW).
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12                    (g) R¢i.7zz{J¢£er/or ccozogr.coz rcqz/1.rt?mc7tts. -Seasonal fluctuation of rainfall affects
13                      the rain flora and fauna of waterways. Rainwater runoff shall, therefore, be
14                      managed  properly  to allow steady release  of water to waterways,  thus,
15                      ensuring the continued supply of water.
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17          SEC. 9. Preparation of the Rainwater Design Manual. -The DPWH shall prepaLre
18      the Rainwater Design Manual (RDM) which must provide, among others, information
19      on the following: (1) conveyance system of the rainwater harvesting facility; (2) make
20      of the rainwater retention facility; (3) management of rainwater discharge to control
21      flooding; (4) protection of the local water bodies from pollution through rainwater
22      discharge treatment; (5) dike or bank protection for water bodies receiving rainwater
23      discharge; and (6) utilization options for collected rainwater.
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25           The RDM shall contain the following guidelines:
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27                  (a) All sites shall establish a rainwater management system to control the peak
28                       flow rates of rainwater discharge and to allow the RMs facility to treat
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collected  rainwater  for  both  water  quality  and  quantity.  Peak  post-
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construction  rainwater  runoff  should  not  exceed  peak  pre{onstruction
rainwater runoff from the site to the greatest extent possible;
(b) All rainwater runoff generated from any development shall not discharge
untreated rainwater directly into a jurisdictional wetland or local water
body without adequate treatment;
(c) A structural and non-structural Rainwater Treatment System (RTS) shall be
designed to treat the first 20 millimeters of rainwater runoff. Thus, for every
one  (1)  hectare  of  new  development,  a  200{ubic  meter  detention  or
retention tank shall be constructed to minimize flooding and improve water
quality.  Sanitary  wastewater  treatment  facilities  shall  be  designed  and
installed  to  comply  with  existing  health  regulations  and  the  effluent
standard of the DENR;
(d) Untreated sanitary waste shall not be discharged to waterways and land
surface  without  proper  treatment  and  shall  not  come  in  contact  with
rainwater runoff. The discharge of treated effluent to water bodies shall be
in accordance with the river classification. For unclassified rivers and water
courses, effluents should meet the Class C water category. To be discharged
to  an urban  drainage  system,  effluents  should  meet the  Class  D  water
category.  In  all  cases,  the  prescription  provided  by  the  DENR  shall  be
followed;
(e) To protect stream channels from degradation, the velocity of runoff water
shall be limited to less than 1.0 in/s. Otherwise, bank protection shall be
provided;
(f)  Rainwater discharges to critical areas with sensitive resources (including
shellfish beds, swimming areas, water supply reservoirs, and groundwater
recharge  areas)  may  be  subject  to  additional  performance  criteria  and
management restrictions;
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1                 (g) Rainwater discharges from land uses or activities with higher potential
2                       pollutant loadings, known as ``hotspots", must be in accordance with the
3                       specific structural and pollution prevention practices;
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5                 (h) Rainwater storage and drainage systems must be secured from mosquito
6                       breeding and those of other similar insects that may endanger public health;
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8                 (i)  Prior to designing the RDM, an applicant for a building permit must consult
9                       with  the  Building  Official  to  determine  compliance  with  additional
10                       rainwater design requirements;
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12                 0.)  For existing development or developed areas, the rainwater management
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system requirement must be imposed on the following conditions:
i.      The  owners  of existing  or  old  developments  shall  submit  to  the
ii.
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concerned   building   officials   the   technical   design   of   existing
rainwater management system to demonstrate its contribution to
flood  control   and   mitigation  and   the  rainwater   management
Prooran;
The  total  required  storage  volume  of  rainwater  may  be  the
cumulative  volume  stored  from  various  sources  such  as  cistern,
lagoon on-site or off-site, and a depression storage; and
That at least 50% of the required volume shall be met within five (5)
years from the effectivity of this Act.
25
26          The   DPWH,   Department  of  Human  Settlements   and   Urban  Development
27      (DHSUD), DENR, and local government units (LGUs) shall require the incorporation
28      of a Rainwater Management system in the design of all new commercial, institutional,
29      industrial, and residential development projects in Metro Manila. The LGUs shall
30      ensure that these facilities are built during the construction phase of the projects.
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In formulating the design manual,  the  DPWH shall consult the experts  or the
Department of Science and Technology  (DcrsT)  and  DENR on requirements that
entail scientific bases or duty.
SEC. 10. Constrmction Inspection. -
(a) The applicant for a building permit must notify the concerned building
official in advance before the commencement of construction;
(b) All applicants for a building permit for commercial buildings and multi-
family residential buildings over four (4) units are required to submit actual
drawings of the rainwater management facilities located on-site after final
construction.  The  rainwater  facility  plan  must  show  the  final  design
specificationforallrainwatermanagementfacilitiesandmustbecertifiedby
a licensed engineer. A final inspection of the rainwater facility is required
before  the  release  of  any  performance  security,  performance  bond,  or
guaranty between the owner or developer and the contractor or builder;
(c) The City or Municipal Engineer shall inspect all drainage facilities while
under  construction.  When  facilities  are  not  constructed  according  to
approved plans, the LGU shall require the project owner or developer to
make the necessary corrections. All drainage facilities, whether or not these
are owned by or assigned to the LGU, located on private property, shall be
accessible at all times for inspection by the City or Municipal Engineer or
other responsible public official;
(d) The City or Municipal Engineer shall inspect all sanitary waste treatment
facilities  while  under  construction  of building  and  upon  completion  to
ensure proper installation and connection to waste water collection systems
when applicable. The City/Municipal Engineer shall ensure that sanitary
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waste  treatment  facilities  are  properly  functioning  before  issuing  the
required certificate of occupancy.
3
4          Any contracted architect or civil engineer employed by the owner or developer to
5      plan  and  supervise  the  construction  of  the  facility  shall  not  be  precluded  from
6      inspecting the construction work to check and determine compliance with the plans
7      and specifications of the building, pursuant to the provisions under Inspection and
8      Supervision of work of section 308 of the National Building code of the philippines.
9
10          SEC.  T1.  Maintenance  and  Repair  Of  Rainwater  Facilities.  -  The  owner  or
11      developer is expected to perform regular maintenance and repair of the rainwater
12      facility whenever necessary to make sure that this is in working condition, safe for
13      public use and the environment. At the minimum, the following must be undertaken:
14      (1) visual inspection and cleaning of the facility after major rain events; (2) regular
15      clearing of all sediments, silts, and debris; (3) drainage clean-up; and (4) replacement
16      of filters and insect screens as necessary.
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18          In addition, the owner or developer shall comply with the following requirements:
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20                (a) All  rainwater  management  facilities  must  undergo  a  yearly  or  regular
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inspection process at a frequency sufficient to determine the functioning
ability of the conveyance system and any repair needs. This shall include
inspection prior to the beginning of the Typhoon Season or any forecasted
major rains that may equal the design requirements, and after any major rain
events;
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27                 (b) All  drainage  and  sanitary  waste  treatment  facilities  located  on  private
28                       property, whether dedicated to the LGU or not, shall be accessible at all
29                      times for inspection by the city/Municipal Engineer or other responsible
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public officials, especially when there is reason to suspect that a malfunction
has resulted in rainwater runoff pollution by unsanitary wastes;
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4                (c) Depending  on  the  type  of  facility,  mosquito  or  insect  screens  must  be
5                      replaced as necessary to avoid infestation or breeding ground for pathogens;
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7                (d) Parties  responsible  for  the  operation  and  maintenance  of  a  rainwater
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management  facility  shall  make  and  keep  records  of  the  installation,
maintenance, and repairs, and shall retain these records for at least five (5)
years.  These records shall be made available to the city or municipality
during inspection of the facility and other reasonable times upon request;
and
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14                (e) The concerned Building official shall notify the owner of a rainwater facility
15                      in writing that maintenance work is required on it. The owner will have sixty
16                      (60) days from the receipt thereof to ensure that the facility is in proper
17                      working condition.
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19           SEC.  12.  Reporfor].¢Z  Rap#!.reif¢e#ts.  -  The  DPWII  shall  require  the  owner  or
20      developer   of   all   new   commercial,   institutional,   industrial,   and   residential
21      development projects to submit a compliance report within twelve (12) months from
22      the date of the completion of the project.
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24          The DPWH shall, henceforth, require the building owners covered under sections
25      5 and 6 of this Act to submit an annual report of the performance of such rainwater
26      retention facility which may include information on the total volume of retained
27      rainwater and its utilization.
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1          SEE.13. Erif orcement and penalties. -
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3                (a) Any person found to be in violation of any of the provisions of this Act shall
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be guilty of a misdemeanor and shall be penalized with a fine not exceeding
Fifty Thousand Pesos (Php50,000.00)  or imprisonment for not more than
ninety (90) days, or both. A continuance of a violation without reasonable
effort on the part of the violator to correct the same shall constitute a new
and separate offense each day.
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10                (b) In the case of a partnership, association, corporation, or any juridical person,
11                      the penalty shall be imposed upon the president, treasurer, or any other
12                       officer or person responsible for the violation.
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14                (c) If the offender is a foreigner, the foreigner shall be deported immediately
15                      without further proceedings after payment of fine.
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17                 (d) If the concerned Building official shall find that any provision of this Act is
18                      violated,  the  person  responsible  for  such  violation  shall  be  notified,  in
19                      writing, about the nature of the violation and the proper action necessary to
20                      correct it, such as the discontinuance of any construction on site.
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22           SEC.14. r#centr.tJcs. -Landowners or developers of existing structures built prior
23      to the implementation of this Act who may opt to install a rainwater harvesting system
24      or a rainwater retrofit in accordance with this law shall receive a realty tax incentive
25      from the local government which may be in the form of a tax discount of not less than
26      three percent (3%) per annum over and above the regular discount provided by the
27      local government. An additional two percent (20/o) tax discount per annum will be
28      granted to those who will invest in any innovation or a technology that will recycle
29      collected rainwater for potable uses within the standard prescribed by law.
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1          SEC.15.  Obligation of the Regulatory Agencies.  -The DPWH, DENR, DcrsrF,
2      LGUs, their sub-agencies, and subsidiaries are mandated to provide full assistance to
3      every project owner or developer covered in this Act in order that the requirements
4      and  standards  prescribed  herein  may  be  properly  executed  in  the  design  and
5      construction of rainwater harvesting facilities. Agency assistance shall include proper
6      advice,  technical guidance,  provision for needed data and facilitation of required
7      documents. As much as practicable, all technical and documentation requirements
8      must be at zero to minimal cost to the applicant project owner or developer who shall
9      establish, manage, and maintain a rainwater harvesting facility.
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11            SEC.16. Jowpzeurc#ft.#g R#Zcs fl#d RcgwJflf{.o#s. -Within sixty (60) days from the
12      effectivity of this Act, the secretary of public works and Highways, in coordination
13      with the secretary of the Interior and Local Government, Secretary of Environment
14      and Natural Resources, Secretary of Human Settlements and Urban Development,
15      and secretary of science and Technology, shall promulgate the rules and regulations
16      for the effective implementation of this Act. The implementing rules and regulations
17      shall include the standards and guidelines for the design, construction, installation,
18      materials, site selection and planning, site-specific considerations, and maintenance of
19      the rainwater harvesting facility.
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21           SEC.17.  Scp¢r#b..J..fry  Chawsc.  -If  any  provision  of this  Act  is  held  invalid  or
22      unconstitutional, the other provisions not affected by such declaration shall remain in
23      full force and effect.
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25           SEC.18. RqpcoJ.."g cJfl"sc. -All other laws, rules and regulations, orders, circulars,
26      and other issuances or parts thereof, which are inconsistent with the provisions of this
27      Act are hereby repealed or modified accordingly.
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29           SEC.19. £#t?cf..t7{.fry cJ¢"se.  -This Act shall take effect fifteen (15) days after its
30      complete publication in the official Gazette or a newspaper of general circulation.
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Approved,
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