Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS,
First Regular Session

House Bill No. 5022

Introduced by CIBAC Party-List Representatives
Eduardo “Bro. Eddie” C. Villanueva and Domingo C. Rivera

AN ACT ENSURING SAFE DRINKING WATER,
AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 856,
OTHERWISE KNOWN AS THE CODE ON SANITATION OF THE
PHILIPPINES AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The Philippines is blessed with copious amount of water with a total annual
renewable water resources of 479 billion cubic meters (m*) from its surface water and
groundwater sources. This translates into an annual per capita availability of about
6,100 m3, which is twice that of the rest of Asia, and six times the global scarcity
threshold of 1,000 m?-"

Ironically, however, as of 2017, around 8.5 million Filipinos still have no access
to clean drinking water, and have to rely on unimproved, unsafe and unsustainable
water sources, according to the National Water Resource Board.

Aside from access to clean water, water contamination remains a pressing
issue, with heavy inorganic pollutants present in drinking water sources. According to

* Philippines: Water Supply and Sanitation Sector Assessment, Strategy, and Road Map. Mandaluyong City, Philippines: Asian
Development Bank, 2013,


environmental organization Greenpeace, five out of 18 artesian wells in Benguet and
Bulacan were found to contain nitrate levels well above the safety limit set by the World
Health Organization.? Inorganic contaminants such as nitrate may cause serious
health problems to the population, and may even lead to death.? For example, in 2011,
11 people from Barangay Valencia, Cebu died due to typhoid fever after drinking water
from unsafe water sources.*

Thus, prolonged inaction on this issue may lead to a rise in foodborne and
waterborne diseases. According to Elizabeth Dowdeswell, the Executive Director of
the United Nations Environment Program, “an estimated one-half of people in
developing countries are suffering from diseases caused either directly by infection
through the consumption of contaminated water or food, or indirectly by disease-
carrying organisms such as mosquitoes, that breed in water.”5 In the case of the
Philippines, 50% of typhoid cases are due to water pollution, sanitation conditions and
hygiene practices. In fact, from January to April 2018 alone, the Department of Health
recorded 5,455 cases of typhoid fever that resulted in 10 reported cases of death.®

Given this, it is imperative that the State play an active role in ensuring all
Filipinos have safe and potable drinking water by implementing a comprehensive
management program on water safety planning, including water quality surveillance,
adoption of risk management strategies for the protection of water ‘supply systems,
and the use of appropriate tools and instruments to properly monitor and enforce
quality drinking water standards. This bill seeks to amend the existing provisions of
the Sanitation Code of the Philippines on water supply. Among others, it requires the
physical, bacteriological and general systematic chemical and over-all examination of
water quality every two months. The result of such testing must be submitted to the
Department of Health (DOH) for appropriate action and to the consumers so that they
will be properly apprised of the quality of the water they are consuming.

This bill also requires all water service providers to prepare a water safety plan,
and submit the same to the DOH for approval. They shall also furnish their customers

*2018, March 8. When water causes diseases and deaths. Retrieved from: hitps://businessmiror.com_ph/2018/02/08\when-
Water-causes-diseases-and-deaths/ (date last accessed: July 9, 2019),

Fi.

‘1d

Si,

‘Food and Waterborne Diseases Monthly Surveillance Report No. 4. Department of Health. J
from:



an annual consumer confidence report which must include information regarding their
current treatment techniques, monitoring procedures, and level of contaminants in the
water system, among others.

The immediate passage of this bill is earnestly sought.

2.0 CO
HON. EDUARDO “BRO. EDDIE” C. VILLANUEVA

(OMINGO


BBUBBRBNIS0@vOGAONS=

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2
House Bill No. abe

Introduced by CIBAC Party-List Representatives
Eduardo “Bro. Eddie” C. Villanueva and Domingo C. Rivera

AN ACT ENSURING SAFE DRINKING WATER,
AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 856,
OTHERWISE KNOWN AS THE CODE ON SANITATION OF THE
PHILIPPINES AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. — This Act shall be known as the "Safe Drinking Water Act.”

SECTION 2. Declaration of Policy. - The State shall pursue a policy of ensuring the
health of the Filipino people through the provision of safe drinking water. Towards this
end, the State shall promote the use of appropriate tools and instruments and control
mechanisms and adopt risk management strategies for the protection of the entire
water supply system against contamination that will adversely affect human health.
The State shall also implement a comprehensive management program on water
‘safety planning including water quality surveillance that ensures the safety of drinking
water in all settings and ensure compliance with national standards for drinking water
and other environmental laws affecting drinking water quality.

SECTION 3. Section 11 of Presidential Decree No. 856 is hereby amended to read
as follows:

Section 11. Types of Water Examinations Required

The following examinations are required for drinking water:


COVOGHRON=

(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 radio-
active contamination should also be done initially.

(b) Periodic examination. Water from existing sources is subject to PHYSICAL,
CHEMICAL, bacteriological AND OVER-ALL QUALITY examination as often as
possible but the interval shall not be longer than [six] TWO months, [while
general systematic chemical examination shall be conducted every 12 months
or oftener. Examination of water sources shall be conducted yearly for possible
fadioactive contamination,] UNLESS OTHERWISE REQUIRED BY THE
DEPARTMENT THROUGH APPROPRIATE REGULATIONS; PROVIDED,
THAT NOTHING HEREIN SHALL RESTRICT THE DEPARTMENT FROM
CONDUCTING RANDOM WATER QUALITY EXAMINATION AS OFTEN AS IT
MAY DEEM NECESSARY AND PROPER.

SECTION 4. New Section 11-A and Section 11-B of Presidential Decree No. 856 are
hereby inserted to read as follows:

SECTION 11-A. PERMITS REQUIRED

DRINKING WATER SERVICE PROVIDERS, WATER LABORATORIES AND
OTHER ESTABLISHMENTS WITH DRINKING WATER SYSTEMS CATERING
TO THE PUBLIC SHALL BE REGISTERED WITH THE DEPARTMENT. FOR
THIS PURPOSE, THE FOLLOWING PERMITS SHALL BE SECURED FROM

THE DEPARTMENT OR LOCAL HEALTH AUTHORITIES, AS THE CASE MAY
BE:

a) CERTIFICATE OF POTABILITY OF DRINKING WATER TO OBTAINED
BY DRINKING WATER SERVICE PROVIDERS;

b) CERTIFICATE OF ACCREDITATION TO BE OBTAINED BY ALL WATER
LABORATORIES AND TRAINING INSTITUTIONS THAT SHALL
PARTICIPATE IN THE DRINKING WATER SAFETY PROGRAM;

c) CERTIFICATE OF PRODUCT REGISTRATION OF WATER SUPPLY
MATERIALS, APPURTENANCES, TREATMENT TECHNOLOGIES OR
DEVICES TO BE OBTAINED BY ALL ENTITIES ENGAGED IN THE
PROVISION OF DRINKING WATER SUPPLY TO THE PUBLIC;

d) CERTIFICATE OF PROFICIENCY TO BE OBTAINED BY ALL
INDIVIDUALS WHO WILL CONDUCT CAPACITY BUILDING ACTIVITIES,
ON WATER QUALITY ANALYSIS, WATER QUALITY TREATMENT,
WATER QUALITY MONITORING AND WATER SAFETY PLANNING
FROM THE DEPARTMENT;

e) CERTIFICATE OF WATER SAFETY PLAN ACCEPTANCE;

f) DRINKING WATER SITE CLEARANCE TO BE OBTAINED BY ALL
PERSONS OR ENTITIES INTENDING TO DEVELOP A DRINKING


WATER SYSTEM FOR PUBLIC CONSUMPTION; PROVIDED, THAT NO
DRINKING WATER SYSTEM SHALL BE INSTALLED AND OPERATED
WITHOUT SUCH CLEARANCE;

g) OPERATIONAL PERMIT, WHICH MUST BE OBTAINED BEFORE
USING A DRINKING WATER SYSTEM;

h) SANITARY CLEARANCE FOR ALL WATER DELIVERY VEHICLES,
MOBILE WATER TANKERS AND SIMILAR VEHICLES, INCLUDING ITS
APPURTENANCES.

COVERED ESTABLISHMENTS SHALL ALSO REGISTER PORTABLE
WATER TEST KITS AND WATER TREATMENT TECHNOLOGY OR DEVICES
WITH THE DEPARTMENT.

SECTION 11-B. WATER SAFETY PLAN

WITHIN ONE (1) YEAR FROM THE EFFECTIVITY OF THIS ACT, ALL
DRINKING WATER SERVICE PROVIDERS SHALL DEVELOP WATER
SAFETY PLANS FOR THEIR WATER SUPPLY SYSTEMS, AND ENSURE ITS
IMPLEMENTATION AFTER ITS APPROVAL. AN APPROVED WATER
SAFETY PLAN SHALL BE VALID FOR THREE YEARS, UNLESS
SUSPENDED OR SOONER REVOKED BY THE DEPARTMENT.

FOR THIS PURPOSE, THE DEPARTMENT SHALL DEVELOP TOOLS,
STANDARDS AND GUIDELINES FOR WATER SAFETY PLAN PROCESSES
AND SUPPORT SERVICES.

SECTION 5. Section 12 of Presidential Decree No. 856 is hereby amended to read
as follows:

Section 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. THE
DEPARTMENT SHALL PRESCRIBE APPROPRIATE GUIDELINES WITH
RESPECT TO THE CONDUCT, MANNER AND MEASURES REQUIRED FOR
THE EXAMINATION OF DRINKING WATER QUALITY.

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 UNDER SECTION 11 OF THIS ACT OR by the Department
THROUGH APPROPRIATE REGULATIONS.

THE RESULTS OF SUCH MONITORING SHALL BE SUBMITTED TO THE
DEPARTMENT FOR APPROPRIATE ACTION, AND TO THE CONSUMERS
CONCERNED. THE SAME SHALL ALSO BE POSTED CONSPICUOUSLY IN
THE ESTABLISHMENT.


Nowsona

8

9
10
"1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
a1
42
43
44
45
46
47
48
49

IN THE EVENT THAT THE ESTABLISHMENT FAILS TO COMPLY WITH AN
APPLICABLE MAXIMUM CONTAMINANT LEVEL, OR FAILS TO COMPLY
WITH THE TREATMENT TECHNIQUE REQUIRED BY THE DEPARTMENT,
OR FAILS TO PERFORM SUCH MONITORING, THE DEPARTMENT SHALL
BE AUTHORIZED TO ORDER THE IMMEDIATE SUSPENSION OF THE
OPERATIONS OF THE ESTABLISHMENT OR TAKE OTHER STEPS AS MAY
BE NECESSARY TO ENSURE THE SAFETY OF DRINKING WATER.

THE DEPARTMENT SHALL PROMPTLY NOTIFY THE PUBLIC OF SUCH
OCCURRENCE, AT THE EXPENSE OF THE CONCERNED
ESTABLISHMENT. THE NOTICE SHALL CONSIST OF, BUT NOT LIMITED
TO, THE FOLLOWING:

a) NATURE OF THE VIOLATION;

b) CONTAMINANT LEVEL OF WATER SUPPLY;

¢) POTENTIAL HEALTH EFFECTS TO THE POPULATION;

d) POPULATION AT RISK;

e) STEPS BEING TAKEN TO CORRECT VIOLATION;

f) TELEPHONE NUMBER OR CONTACT NUMBER OF THE OWNER,
OPERATOR OR DESIGNEE OF THE PUBLIC WATER SYSTEM;

g) NECESSITY OF SEEKING ALTERNATIVE WATER SUPPLIES; AND

h) PREVENTIVE MEASURES THAT SHALL BE TAKEN BY CONSUMERS
UNTIL THE VIOLATION IS CORRECTED.

SECTION 6. A new Section 12-A is hereby inserted to read as follows:

SECTION 12-A. CONSUMER CONFIDENCE REPORT

A DRINKING WATER SERVICE PROVIDER SHALL FURNISH ITS
CUSTOMERS AN ANNUAL REPORT ON THE QUALITY OF THE DRINKING
WATER IT PROVIDES AND THE CONTAMINANTS, IF ANY, FOUND
THEREIN.

THE ANNUAL REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
FOLLOWING:

a) INFORMATION ON THE SOURCE OF THE WATER DISTRIBUTED;

b) ENUMERATION OF PRIMARY PARAMETERS INDICATED BY THE
PHILIPPINE NATIONAL STANDARDS FOR DRINKING WATER
(PNSDW);

¢) MAXIMUM CONTAMINANT LEVEL INDICATED BY PNSDW:


dq)

e)

9)

h)

k)

CURRENT TREATMENT TECHNIQUES UTILIZED BY THE DRINKING
WATER SERVICE PROVIDER;

MONITORING PROCEDURES UTILIZED BY THE DRINKING WATER
SERVICE PROVIDER;

LEVEL OF CONTAMINANT IN THE WATER SYSTEM WITHIN THE
YEAR;

ANY CONTAMINANT FOR WHICH THERE HAS BEEN A VIOLATION OF
THE MAXIMUM CONTAMINANT LEVEL DURING THE YEAR
CONCERNED, AND A BRIEF STATEMENT IN PLAIN LANGUAGE
REGARDING THE HEALTH CONCERNS THAT RESULTED IN THE
REGULATION OF THE CONTAMINANT, AS PROVIDED BY THE
DEPARTMENT;

INFORMATION ON THE LEVELS OF UNREGULATED CONTAMINANTS
IDENTIFIED BY THE DEPARTMENT;

A STATEMENT THAT THE PRESENCE OF CONTAMINANTS IN THE
DRINKING WATER DOES NOT NECESSARILY INDICATE THAT THE
DRINKING WATER POSES A HEALTH RISK AND THAT MORE
INFORMATION ABOUT CONTAMINANTS AND POTENTIAL HEALTH
EFFECTS CAN BE OBTAINED BY CALLING THE DEPARTMENT;

MEASURES THAT MAY BE ADOPTED BY THE CONSUMERS TO KEEP
THEIR WATER SUPPLY FREE FROM CONTAMINATION; AND

SUCH OTHER ADDITIONAL INFORMATION AS THE DEPARTMENT
DEEMS APPROPRIATE FOR PUBLIC EDUCATION.

THE ANNUAL REPORT SHALL BE PROVIDED TO CONSUMERS EVERY
TWELVE (12) MONTHS THROUGH ELECTRONIC MEDIA, HAND DELIVERY,
POSTING, OR OTHER METHODS APPROVED BY THE DEPARTMENT.

SECTION 7. Penalties. — A water service provider that fails to comply with the
provisions of this Act shall be liable for a fine of Fifty Thousand Pesos (Php50,000.00)
for every day of continuing violation, without prejudice to any other penalties that may
be imposed upon it in accordance with other relevant laws, rules and regulations.

SECTION 8. Appropriations. — The amount necessary to effectively carry out the
Provisions of this Act shall be included in the General Appropriations Act.

SECTION 9. Implementing Rules and Regulations. — The Department of Health,
in consultation with the concerned stakeholders and relevant government agencies,
shall promulgate the implementing rules and regulations for the effective
implementation of this Act within ninety (90) days from the effectivity of this Act.


SECTION 10. Repealing Clause. — Alll laws, decrees, orders, ordinances, rules and
regulations or parts thereof inconsistent with this Act are hereby repealed or modified
accordingly.

SECTION 11. Separability Clause. — If any provision of this Act is declared
unconstitutional or invalid, the remainder of the Act shall not be affected by such
declaration.

SECTION 12. Effectivity. - This Act shall take effect fifteen (15) days from the date
of its publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,