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SEVENTEENTH CONGRESS OF THE REPUBLIC 18 FEB 28 P4330
OF THE PHILIPPINES
Second Regular Session
RECENS D8
SENAT.
s.B.No. 1718

Introduced by Senator Grace Poe

AN ACT
PROVIDING FOR THE MANAGEMENT, CONTROL, REGULATION, AND
UTILIZATION OF RAINWATER RUNOFF, AND IMPROVEMENT OF ECOLOGICAL
CHARACTERISTICS OF CATCHMENTS TO ADDRESS FLOODING AND WATER
SUPPLY NEEDS IN URBAN AND RURAL CENTERS, AND CREATING THE
NECESSARY INSTITUTIONAL MECHANISMS THEREFOR

Explanatory Note

The Philippines have witnessed increasing frequency and intensity of rain causing severe
flooding, which results to unquantifiable economic losses. Although this has been primarily
attributed to climate change phenomenon, the data showed that many woes are the result of
poorly planned development with no provisions for control and regulations of runoff flows. Land
use conversion, deforestation, coupled with the lack of retention/detention system certainly are
among the reasons why flooding occur.

On the other side of the scale is the issue of the security of water supply for the growing
urban and rural centers. The problem on one side could be the solution for the other if the
necessary management, control, and regulation of such runoff volume of water are established.
Thus, the solution forwarded is to capture and store rainwater and utilize it for irrigation,
groundwater recharge, firefighting, and other water supply purposes. In this way, water is
conserved and runoff is reduced.

The quantity and quality of runoff water is directly correlated with the quality and size of
our catchment. Hence, emphasis on the protection, planning, management of catchment is at the
core of the program. This will require the participation of the agencies such as the Department of
Environment and Natural Resources (DENR), Department of Agriculture (DA), Department of
Public Works and Highways (DP WH), and the respective local government units.

fe
GRACE POE

Immediate approval of this bill is eagerly sought.



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SEVENTEENTH CONGRESS OF THE REPUBLIC 18 E828 P4330
OF THE PHILIPPINES
Second Regular Session

. . RECENCS  7
nTb1e f

Introduced by Senator Grace Poe

AN ACT
PROVIDING FOR THE MANAGEMENT, CONTROL, REGULATION, AND
UTILIZATION OF RAINWATER RUNOFF, AND IMPROVEMENT OF ECOLOGICAL
CHARACTERISTICS OF CATCHMENTS TO ADDRESS FLOODING AND WATER
SUPPLY NEEDS IN URBAN AND RURAL CENTERS, AND CREATING THE
NECESSARY INSTITUTIONAL MECHANISMS THEREFOR

Be it enacted by the Senate and the House of Representatives of the Republic of the Philippines

in Congress assembled:

SECTION 1. Purpose. - The purpose of this Act is to establish minimum rainwater
management requirements and controls to protect and safeguard the general health, safety, and

welfare of the public. This seeks to meet that purpose through the following objectives:

4) Minimize increase in rainwater runoff from any development, both existing and
Proposed, in order to reduce flooding, siltation, increases in stream temperature,
and stream bank erosion and maintain the integrity of stream channels;

b) Minimize

development which would otherwise degrade local water quality;

increase in nonpoint source pollution caused by rainwater runoff

©) — Minimize the annual volume of surface water runoff which flows from any specific
site during and following development to not exceed the pre-development
hydrologic regime to the maximum extent practicable; and

4) Reduce rainwater runoff rates and volumes, soil erosion, and nonpoint source
pollution, wherever possible, through rainwater management controls and to ensure
that these management controls are properly maintained and pose no threat to

public safety.



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SECTION 2. Definition of Terms. - As used in this Act:

a)

b)

d)

°)

8)

h)

“Applicant” - means a property owner or agent who has filed an application for a

rainwater management permit.

“Building” - any structure built for the support, shelter, or enclosure or person,
animals, chattels, or moveable property of any kind and which is permanently
affixed to the land,

“Building Official”- Local Building Official as appointed or designated pursuant to
PD 1096.

“Certificate of Occupancy” - a permit issued by the Zoning Officer indicating that
the use of the building or land in question is in conformity with the Zoning
Ordinance or that there has been a legal variance there from, as provided by

ordinance.

“Channel”- means a natural or artificial watercourse with definite bed and banks

that conducts continuously or periodically flowing water.

“Dedication” - means the deliberate appropriation of property by its owner for

general public use.

“Detention” - means the temporary storage of rainwater runoff in a rainwater
management practices with goals of controlling peak discharge rates and providing

gravity settling of pollutants.

“Developer” - means a person or entity who undertakes land disturbance or

development activities.

“Development” - means any man-made change to improve or unimprove real
estate, including but not limited to buildings or other structures, mining, dredging,

filling, grading, paving, excavation, or drilling operation.



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“Drainage Easement” - means a legal right granted by the landowner to a grantee

allowing use of private land for rainwater management purposes.

“Erosion and Sediment Control Plan” - means a plan that is designed to minimize

the accelerated erosion and sediment runoff at a site during construction activities.

“Hotspot” - is an area where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically found in

rainwater.

“Impervious Coverage” - refer to those surfaces that cannot effectively infiltrate

rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc.)

“Industrial Rainwater Permit” - refers to a National Pollutant Discharge
Elimination System permit issued to a commercial industry or group of industries
which regulates the pollutant levels associated with industrial rainwater discharges

or specifies on-site pollution control strategies.
“Infiltration” - is the process of percolating rainwater into the subsoil.

“Infiltration Facility” - is any structure or device designed to infiltrate water to the

subsurface. These facilities may be above grade or below grade.

“Land Disturbance Activity” - is 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.

“Landowner” - means 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 in the land.



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“Off-Site Facility”- means a rainwater management measure located outside the
subject property boundary described in the permit application for land development

activity.

“On-Site Facility” - means a rainwater management measure located within the
subject property boundary described in the permit application for land development

activity.
“Recharge” - means the replenishment of underground water reserves.

“Redevelopment” - means any construction, alteration or improvement exceeding
100 square meters in areas where existing land use is high density commercial,

industrial, institutional or multi-family residential.

“Stop Work Order” - means an order issued which requires that all construction
activity on a site be stopped.

“Rainwater Design Manual” - means the Planning and Design Manual for the
Control of Erosion, Sediment and Rainwater written by Department of Public
Works and Highways.

‘ainwater Management” - means the use of structural or non-structural practices

that are design to reduce rainwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.

“Rainwater Retrofit” - means a rainwater management practice designed for an
existing development site that previously had either no rainwater management
Practice in place or a practice inadequate to meet the rainwater management
requirements of the site.

“Rainwater Runoff” - means water flow on the surface of the ground, resulting

from precipitation.



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“Rainwater Treatment Practices” - mean measures, either structural or
nonstructural, that are determined to be the most effective, practical means for
preventing or reducing point source or nonpoint source pollution inputs to rainwater
runoff and water bodies.

“Watercourse” - means a permanent or intermittent stream or other body of water,

either natural or man-made, which gathers or carries surface.

SECTION 3. Requirements for Rainwater Management Plan. - All landowners or

developers of proposed commercial, industrial and residential development or any residential

multi-dwelling units of more than 1,000 sqm land area must submit a Rainwater Management

Plan (RMP) as part of the site development application and approval process.

The RMP shall include the following information:

a)

b)

Description of Existing Conditions - Description of the existing condition shall be

shown on a map. It shall include:

1) topographic map with 1.0 meter minimum contours line or an appropriate
contour interval) of the land proposed for development or redevelopment.

2) location natural waterways including banks and centerline of streams and
channels.

3) the normal shoreline, coastlines, outline of lakes, natural depressions and ponds,

including drainage flow lines.

Quantification of flows (discharge and volume) in its natural condition shall be

provided; and

Proposed Site Development Plan - The proponent shall provide Site Development
Plan (SDP) in an appropriate scale and size showing the following: i)
retention/detention basins and lines of inflow and outflow; ii) the location, size and

slope of rainwater conduits and drainage swales; iii) rain, sanitary and combined



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sewer and outfalls; iv) delineation of upstream and downstream drainage features
and watersheds which might be affected by the development; and other
environmental features including limits of wetlands areas, green buffers, planting

strips, and any designated natural areas for rainwater management.

Description of Proposed Rainwater Management System (RMS) - The proposed
RMS shall be designed to safely and completely managed rainwater runoff onsite or
offsite and provide facility to regulate the increased rainwater runoff, thus, maintain
the natural hydrologic cycle and condition of flow in a locality. The purpose of the
RMS is to reduce the risk of downstream flooding by reducing the amount of runoff.

and regulating the discharge release at a given time.

The proposed RMS shall be accompanied by hydrologic and hydraulic calculations

to adequately demonstrate the effectiveness of the plan.

The proposed RMS shall be designed to meet the desired flood frequency which is
designated to a particular drainage structure as stated in the Design Manual of the
DPWH. Higher flood frequency such as 25-year or higher may be required for
major rivers and waterways. Specific details of the design criteria are incorporated

in Section 4,

The plan shall be accompanied by relevant data (such as rainfall data in a locality),

maps and other descriptive material to include the following.

1) The extent of catchment, drainage channels on site and direction of the flow of
the channels including the final outfall of the discharge from the site;

2) Hydrologic and hydraulic design calculations for the pre-development and post-
development conditions for the design storm proposed in Section 5. The
calculations for determining peak flows are found in the Rainwater Design
Manual to include description of design storm frequency, intensity, and
duration, time of concentration, soil curve number or runoff coefficients, peak



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runoff rates and total runoff volumes, infiltration rates, culvert capacities, flow
velocities, data on the increase in rate and volume of runoff for the design
storm; and

3) Technical specifications of the Proposed SMS, providing descriptions of
proposed rainwater conveyance practices to be on-site, existing off-site
rainwater conveyance system including receiving streams, channels, and outfall

and inlet locations. Include elevations of locations and high water elevations.

SECTION 4. Utilization of Rainwater. - The following are the specific utilization of

rainwater and the recommended facility to harness its volume for the intended use:

a)

b)

Rainwater for Rural Irrigation - Agriculture in the Philippines is predominantly
rainfed. Rainwater catchments thus hold a significant potential for improvement of
rainwater use efficiency and sustainment of rainfed and upland agriculture in the

country.

Rainwater for Urban Irrigation - Most of the urban centers are currently dependent
on Class A water quality for irrigation supply which are costly and environmentally
unsustainable. Utilization of Class A water for yard irrigation shall be minimized if
not prohibited. Instead, rainwater shall be utilized for such purposes. The irrigation

water shall come from the rainwater detention system.

Rainwater as source for urban irrigation and/or watering of lawns shall be indicated
in the development plans. Secondary source of water for irrigation may also come

from treated grey water from effluent of treatment facility.

Rainwater for Groundwater Recharge - 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. The
Proposed facility to allow for recharge may be in the form of the following best
management system:



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d)

1) Lagoon or retention pond that allows for natural seepage to the ground water
aquifer.

2) Swales and depression storage

3) Porous or pavers blocks on some developed areas

4) Retention channels, etc.

The sizes and dimensions of the above facility is dependent on the rainfall intensity

and the size of the development.

Rainwater for Firefighting - Considerable amount of water is also needed for
firefighting. At present, water for firefighting comes from potable water sources
which are expensive. Rainwater is a good substitute. The quality requirement may
be upgraded to meet required standard that may not cause health issues and
abrasion to machines. A separate storage tank for fire water reserve shall be
constructed. Upgrading of the quality of water may be done using simple filtration
system to remove suspended solids and other coarse materials that will interfere
with electromechanical and pipe systems. Other laws concerning the requirement
of water for firefighting shall be considered.

Rainwater for Non-Potable Water Supply Source - Rainwater subjected to primary

and secondary treatment can be a viable secondary source for water supply in urban

and rural areas. It can be used for the following purposes:

1) Watering plants

2) Washing of cars, floor yards,

3) Flushing of toilet (water quality should meet certain standard to avoid
discoloration of fixtures)

4) Fish ponds, etc.

It is necessary to provide separate guidelines for water quality on the above

mentioned usage for various commercial and industrial purposes. For potable water



supply, strict compliance of water quality that will meet the Philippine National
Standard for Drinking Water (PNSDW) is required.

Rainwater for Ecological Requirements - Seasonal fluctuation of rainfall affects the
flora and fauna of waterways. The management of rainwater runoff provides steady

release of water to the waterways enhancing their continued supply

SECTION 5. Preparation of the Rainwater Design Manual. - The Department of Public

Works and Highways (DPWH) is hereby directed to prepare the Rainwater Design Manual

which should incorporate the following criteria:

a)

b)

4)

All sites shall establish rainwater management system to control the peak flow rates
of rainwater discharge associated with specified design storms and reduce the
generation of rainwater for the site to provide treatment for both water quality and
quantity. Peak post-construction rainwater runoff will not exceed peak pre-
construction rainwater runoff from the site to the greatest extent possible.

Alll rainwater runoff generated from any development shall not discharge untreated
rainwater directly into a jurisdictional wetland or local water body without adequate
treatment.

Structural and non-structural Rainwater Treatment System (RTS) shall be designed
to treat the first 20 mm of rainwater runoff. That means for every one (1) hectare of
new development, a 200 cubic meters of detention /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 meet the Effluent Standard of the DENR.
Untreated sanitary waste should not be discharge to waterways and land surface
without proper treatment and shall not come in contact with rainwater runoff. For
discharge of treated effluent to water bodies, it shall meet the river classification.
For unclassified rivers and water courses, Class C water shall be met. For discharge
to urban drainage system, the minimum requirement shall be Class D effluent. Any



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8)

h)

variation with the required standard set by DENR, the prescription provided by the
DENR shall be followed.

To protect stream channels from degradation, velocity of runoff water shall be
limited to less than 1.0 m/s otherwise bank protection shall be provided.

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, or may need to utilize or restrict
certain rainwater management practices.

Rainwater discharges from land uses or activities with higher potential pollutant
loadings, known as “hotspots,” may require the use of specific structural and
pollution prevention practices.

Prior to design, applicants are required to consult with the Building Official to
determine if they are subject to additional rainwater design requirements.

For existing development or develop areas, the rainwater management system
requirement may be imposed on the following conditions:

1) Existing or old development shall submit to the Building officials plans of
existing rainwater management system to demonstrate its contribution to flood
control and mitigation and rainwater management program

2) That at least 50% of the required volume shall be met within five (5) years from
the effectivity of this Act

3) The total required volume of storage may be the cumulative volume store from
various storage such as cistern, lagoon onsite or offsite, and depression storage

SECTION 6. Construction Inspection. -

a)

b)

The applicant must notify the Building Official in advance before the

commencement of construction.

All applicants for commercial and multi-family residential units over four (4) units
are required to submit actual record drawings for any rainwater management

practices located on-site after final construction is completed. The Plan must show

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the final design specification for all rainwater management facilities and must be
certified by a professional engineer. A final inspection is required before the release

of any performance security, performance bond, or guaranty.

Permanent vegetation must be seeded or planted within 30 days after the final grade
is reached. Planting guidance for permanent vegetative practices is included in the
Rainwater Design Manual. Any area of re-vegetation must exhibit a survival of a
minimum of seventy-five percent (75%) of the crop cover throughout the year
immediately following re-vegetation. Re-vegetation must be repeated in successive

years until the minimum seventy-five (75%) survival for one (1) year is achieved.

The City/Municipal Engineer shall inspect all drainage facilities while under
construction, When facilities are not constructed according to approved plans, the
local government unit (LGU) has the explicit authority to compel compliance and
have any situations corrected which are not according to the approved plans. All
drainage facilities located on private property, whether dedicated to the LGU or not,
shall be accessible at all times for inspection by the City/Municipal engineer or

other responsible public official.

The City/Municipal Engineer shall inspect all sanitary waste treatment facilities
while under construction and upon completion to insure proper installation and
connection to waste water collection systems when applicable. Proper function of
sanitary waste treatment facilities is required prior final approval and issuance of a

certificate of occupancy.

SECTION 7. Maintenance and Repair of Rainwater Facilities. -

a)

All rainwater management facilities must undergo a regular yearly inspection
process at a frequency sufficient to determine the functioning ability of the
conveyance system and any repair needs; at a minimum this should include
inspection prior to the beginning of Typhoon Season, prior to any forecast major

rains that may equal the design requirements and after any major rain events.

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b)

d)

All drainage facilities located on private property, whether dedicated to the LGU or
not, shall be accessible at all times for inspection by the City/Municipal Engineer or
other responsible public officials. All sanitary waste treatment facilities located on
Private property shall be accessible for inspection for proper function by the
City/Municipal Engineer or other responsible public officials where there is reason
to suspect that a malfunction has resulted in rainwater runoff pollution by
unsanitary waste.

Parties responsible for the operation and maintenance of a rainwater management
facility shall make records of the installation and of all, maintenance and repairs,
and shall retain these records for at least five years. These records shall be made
available to the City during inspection of the facility and other reasonable times
upon request.

The Building Official will notify the owner in writing that maintenance is required.
The owner will have 60 days from the receipt of such written notice to bring the
facility into proper working order.

SECTION 8. Enforcement and Penalties. -

a)

b)

Any person found to be in violation of any of the terms and provisions of this Act
shall be found guilty of a misdemeanor and subject to a fine not to exceed PS0,000
or imprisoned for no more than ninety (90) days or both such fine and
imprisonment. A continuance of a violation without reasonable effort on the part of
the defendant to correct same shall be and constitute a new and separate offense
each day.

Ifthe Building Official shall find that the provisions of this ordinance are violated,
the person responsible for such violation shall be notified in writing, indicating the
nature of the violation and ordering action necessary to correct it. Among those
actions which he/she may be ordered is discontinuance of any actions on site.

In case any post-construction rainwater practice is constructed, reconstructed,
altered, repaired, or converted or any person would be damaged by such violation,
in addition to other remedies, the Building Official may institute injunction,

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mandamus, or other appropriate action in proceeding to prevent violation of the
final plan or any element of this Plan.

4) Violators may be required to restore land to its undisturbed condition. In the event
that restoration is not undertaken within a reasonable time, after notice, the LGU
may take necessary corrective action, the cost of which shall become a lien upon

the property until paid.

SECTION 9. Repeal. - All laws, orders, rules, regulations, and issuances, or parts
thereof, which are inconsistent with this law are hereby repealed or modified accordingly.

SECTION 10. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of national circulation.

Approved.

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