EIGHTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES
First Regular Session
SENATE.
S.B. NO. 1 0 4 0
#M(r » ( ^cTtUrp
19 
SEP 11 
P 5 « 0
RECEIVt-D BY:
Introduced by Senator Maria Lourdes Nancy S. Binay
AN ACT
PROVIDING FOR A COMPREHENSIVE HAZARDOUS AND RADIOACTIVE 
WASTES MANAGEMENT, PROVIDING PENALTIES FOR VIOLATIONS 
THEREOF AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Article II, Section 15 of the 1987 Philippine Constitution provides:
"The State shall protect and promote the right to health of the people and 
Instill health consciousness among them."
Hazardous and radioactive waste is a major problem.
The Philippine Hazardous and Radioactive Waste Management Act aims to 
develop 
and 
implement 
programs on 
hazardous and 
radioactive waste 
management, generate and promote guidelines for proper handling of hazardous 
and radioactive wastes, and 
promulgate contingency plans for probable 
accidents.
The proposed bill seeks to protect the health and safety of our people and to 
attain a sustainable development.
In view of the foregoing, the passage of this measure is earnestly sought.
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MARIA LOURDES N A ^Y  S. BINAY 
Senator


EIGHTEENTH CONGRESS OF THE REPUBLIC 
)
OF THE PHILIPPINES 
)
First Regular Session 
)
i.i^ T  
S^eaati'
#fH(r of life ikrtnUrp
SEP 11 
P 5 « 0
SENATE
Introduced by Senator Maria Lourdes Nancy S. Binay
AN ACT
PROVIDING FOR A COMPREHENSIVE HAZARDOUS AND RADIOACTIVE 
WASTES MANAGEMENT, PROVIDING PENALTIES FOR VIOLATIONS 
THEREOF AND FOR OTHER PURPOSES
Be it enacted by the Senate and House o f Representatives o f the Phiiippines in 
Congress assembied:
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CHAPTER I
GENERAL PROVISIONS
Section 1. Short Tide. -  This Act shall be known as the "Phiiippine 
Hazardous and Radioactive Wastes Management Act."
Sec. 2. Deciaration o f Poiicy. -  It is hereby declared the policy of the State 
to advance the protection of human health and the environment from the 
potential risks of hazardous and radioactive wastes within the framework of 
sustainable development. Towards this end, the State shall:
(a) Develop 
and 
implement national 
and 
local 
integrated 
and 
comprehensive hazardous and radioactive wastes management 
programs 
focusing 
on 
pollution 
prevention 
and 
resource 
conservation recovery which shall:


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(1) Improve 
wastes 
management 
techniques, 
organizational 
arrangements, methods of collection, separation and recovery 
of wastes;
(2) Promote environmentally safe disposal of residues;
(3) Minimize the generation of hazardous and radioactive wastes 
by encouraging cleaner production, 
process substitution, 
resource recovery, recycling and reuse, and treatment; and
(4) Institutionalize public participation in the development and 
implementation of such programs;
(b) Promulgate guidelines for the generation, collection, segregation, 
transport, recovery, storage, treatment and disposal of hazardous 
and radioactive wastes including emergency and contingency plans 
for accidents involving such wastes;
(c) Prohibit the entry, even in transit, of hazardous and radioactive 
wastes into the Philippine territorial limits for whatever purpose 
consistent 
with 
multilateral 
international 
agreements 
and 
protocols;
(d) Promote a national research and development program for 
improved hazardous and radioactive wastes management and 
resource conservation techniques;
(e) Formulate and enforce a system of accountability for generators, 
including the promotion of extended producer responsibility, 
product stewardship and responsible care program;
(f) Promote 
international 
environmental 
standards 
on 
wastes 
management; and
(g) Strengthen the integration of hazardous and radioactive wastes 
management and resource conservation and recovery topics into 
the academic curricula of formal and non-formal education in 
order to promote environmental awareness and action among the 
citizenry.
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Sec. 3. Coverage o f the Act. -  This Act shall apply to the generation,
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possession, collection, recovery, reuse, storage, transport, treatment and
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disposal of hazardous and radioactive wastes in the country for whatever
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purposes; Provided, That this Act shall cover the entry of such wastes, even in
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transit, into the Philippine territorial limits.
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Sec. 4. Definition o f Terms. -  As used in this Act, the term:
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(a) "Abandoned underground mines" refer to worked out mineral
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mines with deep shafts extending to about one thousand (1,000)
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to two thousand (2,000) thousand feet below the ground surface;
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(b) "Best available techniques (BAT)" refer to any technology that
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shall take into consideration costs and benefits of a measure as
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well as precaution and prevention such as, but not limited to:
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(1) the nature, effects and mass of releases concerned;
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(2) consumption and use of raw materials in the process and its
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energy efficiency;
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(3) the need to prevent or reduce to a minimum the overall
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impact of release to the environment; and
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(4) ensure occupational health and safety at the workplaces.
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(c) "Best environmental practices (BEP)" refer to practices that are
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generally accepted as "environmentally friendly", taking into
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consideration the nature, traditions and culture of the locality. For
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this purpose, technological advances and changes in scientific
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knowledge and understanding shall likewise be considered in
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determining acceptable practices in preserving the environment;
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(d) "Borehole 
facilities" 
shall 
refer 
to 
those 
that 
entail 
the
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emplacement of solid radioactive wastes in an engineered facility
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of relatively narrow diameter bored and operated directly from the
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surface. It covers a range of design concepts with depths ranging
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from a few meters up to several hundred meters, and their 
diameters can vary from a few tens of centimeters up to more 
than one (1) meter;
(e) "Carcinogen" refers to any substance that can cause or contribute 
to the incidence of cancer;
(f) "Collection" refers to the act of removing hazardous waste from 
the source or from a storage point;
(g) "Construction" refers to the erection or building of new structures;
(h) "Contaminated sites" refer to places or spots where the soil quality 
exceeds the soil standards set pursuant to Section 17 hereof;
(i) "Corrective action" refers to the steps taken to assess; prioritize an 
clean up hazardous and radioactive wastes from the treatment, 
storage and disposal facilities (TSDFs) and/or contaminated sites 
in order to protect health and the environment;
(j) "Corrosivity" refers to a state where the waste has either of the 
following properties:
(1) it is aqueous and has a pH less than or equal to 2 or 
greater than or equal to 12.5;
(2) it is a liquid and corrodes steel (SAE 1020) at a rate greater 
than 6.35mm (0.250 inch) per year at a test temperature of 
55°C (130°F);
(k) "Degradability" refers to the ability of a compound to be reduced 
forms through a breakdown of its structure;
(l) "Deep injection well" means a well used for subsurface injection of 
waste fluids and solids derived from industries such as geothermal 
and oil and gas into an injection zone;
(m) "Department" means the Department of Environment and Natural 
Resources (DENR);
(n) "Disposal" means the discharge, deposit, injection, dumping, 
spilling, leaking or placing of any hazardous and radioactive
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wastes into or on any land or water so that such wastes, or any 
constituent thereof, may enter the environment or be emitted into 
the air or discharged into any waters, including ground waters;
(o) "Generation" refers to the act or process of producing hazardous 
and radioactive wastes;
(p) "Generator" refers to a person, natural or juridical, who producers 
hazardous and radioactive wastes;
(q) "Geological repository" refers to the isolation of high level 
radioactive waste using a system of engineered and natural 
barriers at depths up to several hundred meters in a geologically 
stable formation;
(r) "Hazardous waste" refer to substances discarded from commercial 
and industrial establishments, institutions and healthcare facilities 
which, because of the concentration, or physical, chemical or 
infectious characteristics, may cause or significantly contribute to 
increases in mortality or serious illnesses, or pose an unreasonable 
risk and potential threat to human health and the environment;
(s) "Hazardous and radioactive wastes management" means the 
systematic administration of activities which provide for the 
identification, listing, collection, segregation, storage, transport, 
recovery, reuse, processing, reprocessing, treatment and disposal 
of hazardous and radioactive wastes;
(t) "Healthcare waste" refers to waste that is generated or produced 
as a result of the following activities: diagnosis, treatment or 
immunization of human beings or animals, research pertaining to 
the above activities, production or testing of biological and waste 
originating from minor or scattered sources;
(u) "Ignitability" refers to the characteristic used to define as 
hazardous wastes that could cause a fire during transport, storage


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or disposal. A waste exhibits the characteristics of ignitability if a 
sample of the waste has any of the following properties:
(1) it is a liquid that has a flash point of less than 60°C 
(140°F);
(2) it is a liquid and is capable under standard temperature and 
pressure, of causing fire through friction, absorption of 
moisture or spontaneous chemical changes and, when 
ignited, burns so vigorously and persistently that it creates 
a hazard;
(3) it is an ignitable gas; or
(4) it is an oxidizer.
(v) "Injection zone" refers to a geological formulation, group of 
formation or a part of a formation located below the underground 
source of potable water, and which receives waste fluids or solids 
through a deep injection well;
(w) "International environmental standards" refer to the requirements 
or 
standards 
under 
existing 
international 
environmental 
agreements to which the Philippines is a party;
(x) "Landfill" refers to a waste disposal site designated, constructed, 
operated and maintained in a manner that exerts engineering 
control over significant potential environmental impacts arising 
from the development and operation of the facility;
(y) "Land disposal" refers to the placement of hazardous and 
radioactive wastes on the surface, near surface and at depths 
within the soil column;
(z) "Land treatment or land farming" refers to a managed technology 
that involves the controlled application of waste on the soil surface 
and/or the incorporation of waste or contaminated soils into the 
upper soil zone.
(aa) "Level 1 hospital" refers to an emergency hospital that provides:
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(1) initial clinical care and management to patients requiring 
immediate treatment, as weil as primary care on prevalent 
diseases in the locality;
(2) clinical services that include general medicine, pediatrics, 
obstetrics and nonsurgical gynecology and minor surgery;
(3) general administrative service and may provide ancillary 
services (primary clinical laboratory, first level radiology, 
pharmacy); and
(4) nursing care for patients who require minimal category of 
supervised care for twenty-four (24) hours or longer.
(bb) "Level 2 hospital" refers to a departmentalized hospital that 
provides:
(1) clinical care and management on prevalent diseases in the 
locality;
(2) clinical services that include general medicine, pediatrics, 
obstetrics and gynecology, surgery and anesthesia;
(3) appropriate administrative and ancillary services (secondary 
clinical laboratory, first level radiology, pharmacy); and
(4) nursing care provided in the level 1 hospital as well as 
intermediate moderate and partial category of supervised 
care for twenty-four (24) hours or longer.
(cc) "Level 3 hospital" refers to a departmentalized hospital that 
provides:
(1) clinical care and management on prevalent diseases in the 
locality as well as particular forms of treatment, surgical 
procedure and intensive care;
(2) clinical services in the level 2 hospital as well as specialty 
clinical care;
(3) appropriate administrative and ancillary services (tertiary 
clinical laboratory, second radiology, pharmacy); and
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(4) nursing care provided in the level 2 hospitals as well as 
total and intensive skilled care.
(dd) "Manifest or consignment note" refers to a form prescribed by the 
Department and the Philippine Nuclear Research Institute (PNRI) 
accompanying hazardous and radioactive wastes from the point of 
generation, through transport, to final disposition;
(ee) "Military munitions" refers to all types of both conventional and 
chemical ammunition products and their components produced by 
or for the military for national defense and security, including 
munitions produced by other parties under contract with or acting 
as agent for the Department of National Defense (DND);
(ff) "Mined cavities" refers to the emplacement of radioactive waste at 
some depths inside mines or caverns which is either man-made or 
natural;
(gg) "Mutagens" refers to any substance that can cause a change in 
genetic material;
(hh) "Near surface facilities" refer to the disposal of radioactive wastes 
with or without engineered barrier on or below ground surface 
where the final protective covering is of the order of a few meters 
thick or in caverns a few tens of meter below the earth's surface; 
(ii) 
"On-site treatment facilities" refer to the facilities of generators 
who treat their own hazardous and radioactive wastes, either by 
themselves or through a service provider, inside their facilities in 
compliance with waste acceptance criteria promulgated by the 
Department, the Department of Health (DOH) and the PNRI;
(jj) "Open burning" refers to the low temperature thermal destruction 
of wastes by means of direct exposure to fire. For this purpose, 
this shall 
apply to the traditional 
small-scale 
methods of 
community sanitation called "sigd')


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(kk) "Partial treatment" refers to any process used to modify the 
characteristics of a hazardous or radioactive waste without totally 
negating its hazardous characteristics. This may include volume 
reduction, conditioning, moisture reduction and neutralization, 
among others;
(II) 
"Persistence" refers to the substantiai length of time a compound, 
once introduced into the environment, stays there, or the property 
of a substance whose half-life in water, sediment or soil exceeds 
duration of fifty (50) days;
(mm) "Person(s)" refers to any being, natural or juridical, susceptible of 
rights and obligations, or of being the subject of legal relations; 
(nn) "People's organization (PO)" refers to a nonprofit and non-stock 
association of citizens in a locaiity, embracing a common goal to 
protect the environment and, uitimately, public health;
(oo) "Radioactive wastes" refer to the materiais that contain or are 
contaminated with radionuclides at concentrations or activities 
greater than clearance levels as established by the PNRI. This aiso 
refers to disused sealed sources for which no use is foreseen;
(pp) "Reactivity" 
refers to 
the 
state 
of waste 
material, 
or a 
representative sample of the waste material, exhibiting any of the 
foiiowing properties;
(1) It is normally unstable and readily undergoes violent 
change without detonating;
(2) It reacts violently with water;
(3) It forms potentially explosive mixtures with water;
(4) When mixed with water, it generates toxic gases, vapors or 
fumes in a quantity sufficient to present danger to human 
health or the environment;
(5) It is a cyanide- or sulfide-bearing waste which, when 
exposed to pH conditions between 2 and 
12.5, can
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generate toxic gases, vapors or fumes in a quality sufficient 
to present a danger to human health or the environment;
(6) It is capable of detonation or explosive reaction if subjected 
to 
a 
strong 
initiating 
source 
or 
if 
reacted 
under 
confinement; or
(7) It 
is 
readily 
capable 
of 
detonation 
or 
explosive 
decomposition or reaction at standard temperature and 
pressure.
(qq) "Resource recovery" refers to the collection, extraction or recovery 
of recyclable materials from the waste stream for the purpose of 
recycling, generating energy or producing a product suitable for 
beneficial use; Provided, That such resource recovery facilities 
exclude incineration;
(rr) 
"Recycling" refers to the process of minimizing the generation of 
wastes by recovering usable products that might otherwise 
become waste;
(ss) 
"Segregation" refers to a 
wastes 
management 
practice of 
separating different materials found in hazardous waste in order to 
promote recycling and reuse of resources and to reduce the 
volume of wastes for collection and disposal. This also refers to 
separating radioactive wastes according to level of activity, 
physical form and half-life;
(tt) 
"Special hazardous wastes" refer to substances discarded from 
households consisting of consumer or industrial goods or products 
which become hazardous at the end of its useful life by virtue of 
hazardous content which may be released to the environment 
upon indiscriminate disposal;
(uu) "Storage" refers to the containment of hazardous and radioactive 
wastes, either on a temporary basis or for a period of years.
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consistent with the guidelines as prescribed by the Department 
and in such a manner as not to constitute disposal of such wastes;
(w ) "Surface impoundments" refer to pits, ponds, lagoons and dike 
areas that are either natural topographic depressions or man­
made excavations that are primarily of earthen materials. They are 
designed and constructed to hold or store, treat and/or dispose 
liquid waste or waste containing free liquids through processes 
such as evaporation, cooling, aeration, photo decomposition 
and/or settling;
(ww) "Sustainable development" refers to development which meets the 
needs of the present without compromising the ability of future 
generations to meet their own needs;
(xx) "Special hazardous wastes collectors" refer to entities which 
receive or collect special hazardous wastes under a take-back 
program or similar collection mechanism for the purpose of 
consolidating 
the 
wastes 
from 
households 
or 
consumers, 
preparatory to delivery to an accredited recycling or treatment 
facility;
(yy) "Technical demonstration" refers to the initial exhibition of a new 
technology process or practice, or a significantly new combination 
or use of technologies, processes or practices, subsequent to the 
development stage, for the purpose of providing technological 
feasibility and cost effectiveness;
(zz) "Level 4 hospital" refers to a teaching and training hospital (with 
at least one (1) accredited residency training program for 
physicians) that provides:
(1) clinical care and management on prevalent diseases in the 
locality as well as specialized and sub-specialized forms of 
treatment, surgical procedure and intensive care;
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(2) clinical services provided in the level 3 hospital as well as
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sub-specialized clinical care;
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(3) appropriate administrative and ancillary services (tertiary
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clinical laboratory, third level radiology, pharmacy); and
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(4) nursing care provided in the level 3 hospital as well as
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continuous and highly specialized critical care.
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(aaa) "Thermal treatment" refers to the controlled heating which
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involves a prescribed beating rate, maximum temperature and
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cooling cycle to produce the property and grain structure required;
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(bbb) "Toxicity" refers to the degree of danger posed by a substance to
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human or animal due to its acute lethality, chronic and sub-chronic
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toxicity, carcinogenicity, teratogenicity or mutagenicity, among
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others;
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(ccc) "Treatment" refers to any method, technique or process designed
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to change the physical, chemical or biological character or
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composition of any hazardous and radioactive wastes so as to
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render such waste non-hazardous, safer for transport, amendable
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for recovery, amendable for storage or reduced in volume;
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(ddd) "Treatment, storage and disposal facility (TSDF)" refers to a site
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where a hazardous substance is treated, stored or disposed;
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(eee) "Waste acceptance criteria" refers to a list of parameters which
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describe the minimum characteristics which the waste should
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posses before it may be placed or accepted in a TSDF.
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CHAPTER I I
26 
MANAGEMENT SYSTEM
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Sec. 5. Identification and Listing o f Hazardous Wastes. -  Within six (6)
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months from the effectivity of this Act, the Department shall, after notice and
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public consultation, develop, formulate and publish criteria for identifying and
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listing the characteristics of hazardous wastes, taking into account, but not be
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limited to, toxicity, persistence, reactivity and degradability in nature, potential
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for accumulation in tissue, and other reiated factors such as ignitabiiity,
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corrosivity and other hazardous characteristics. Such criteria shaii be reviewed
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and revised every four (4) years thereafter, or as the need arises; Provided, That
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the Department, in coordination with the DOH and the PNRI, shaii also identify
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or list those hazardous and radioactive wastes that contain certain constituents
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such as identified carcinogens, mutagens or teratogens that endanger human
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health; Provided, further. That the Department, in coordination with the DND
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and appropriate government agencies, shall formulate criteria for identifying
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when military munitions become hazardous and radioactive wastes; Provided,
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finally. That within six (6) months from the effectivity of this Act, the
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Department, in coordination with the Department of Trade and Industry (DTI)
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and the Department of Interior and Local Government (DILG), after public
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consultation, shall formulate criteria for identifying and listing the categories of
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special hazardous waste products to be tracked and regulated, taking into
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account, but not be limited to, the presence of toxicity, reactivity, ignitabiiity and
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corrosivity.
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Sec. 6. Notification o f Hazardous and Radioactive Wastes Activity. -  Upon
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the effectivity of this Act, any person generating or managing hazardous or
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radioactive wastes is required to notify in writing the Department, the DOH and
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the PNRI of their hazardous or radioactive wastes is required to notify in writing
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the Department, the DOH and the PNRI of their hazardous or radioactive wastes
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activities specifying, among others, the types of wastes, quantities and
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containers used for storage, including incidents involving hazardous and
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radioactive wastes.
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Sec. 7. National Hazardous and Radioactive Wastes Status Report. -  The
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Department, in coordination with the DOH, the PNRI and other concerned
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agencies, shall, within six (6) months, publish a Wastes Management Status
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Report which shall be used as a basis in formulating the National Hazardous and
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Radioactive Wastes Management Framework provided in Section 8 of this Act.
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The said report shall include, but shall not be limited to, the following:
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(a) Inventory of existing hazardous and radioactive wastes and their
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depots and facilities;
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(b) General waste characterization, taking into account, but not be
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limited to, the source, type 
and quantity 
of hazardous and
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radioactive wastes generated;
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(c) Projection of hazardous and 
radioactive wastes generation,
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including quantity for reduction, recovery and reuse;
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(d) Listing of treatment, storage and disposal facilities, including
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transporters of hazardous and radioactive wastes; 
and
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(e) Listing of identified contaminated sites.
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Sec. 
8. 
National Hazardous and Radioactive 
Wastes Management
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Framework. -  Within eighteen (18) months from the effectivity of this Act, the
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Department, in coordination with the DOH, the PNRI and other appropriate
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agencies and entities, shall prepare and formulate a National Hazardous and
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Radioactive Wastes Management Framework, 
herein 
referred 
to as the
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"Framework", that shall embody policies established pursuant to this Act.
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Specifically, the Framework shall contain the following:
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(a) Hazardous 
and 
radioactive 
wastes 
control 
strategies 
and
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techniques;
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(b) Proper hazardous and radioactive wastes transport, treatment,
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storage and disposal systems;
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(c) Waste reduction goals and targets;
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(d) Period of compliance for waste reduction;
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(e) Information and education campaign;
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(f) Human resources development; and
(g) Roles and responsibilities of relevant government agencies;
The framework shall be adopted as the official blueprint for hazardous and 
radioactive wastes management with which all relevant government agencies 
must comply with.
Sec. 9. Use o f Best Available Technology and, Best Environmental 
Practices in Hazardous and Radioactive Wastes Management -  Generators and 
owners of treatment, storage and disposal facilities are required to use best 
available technologies and best environmental practices (BAT/BEP) in hazardous 
and radioactive wastes management. The Department, in coordination with the 
Inter-Agency Technical Advisory Council (lATAC) created herein, shall formulate 
criteria in assessing the proposed BAT/BEP to be used. In the formulation of 
these criteria, consideration shall be given, among others, to the relative 
economic feasibility of the technology. Further, such technology shall render the 
waste sufficiently low in toxicity, reactivity, corrosivity and ignitability as to 
present the least possible risk to human health and safety and to the 
environment.
Sec. 10. Requirements for Generators o f Hazardous and Radioactive 
Wastes. -  Within six (6) months after the effectivity of this Act, the Department, 
the DOH and the PNRI shall establish requirements for generators of such 
hazardous and radioactive wastes necessary to protect human health and the 
environment. These requirements shall ensure that the generators shall be 
responsible for the proper management of the wastes generated and bear the 
costs for proper storage, transport, treatment and disposal of such waste. 
Further, such requirement shall include, but not be limited to, the following:
(a) Recordkeeping practices that accurately identify the quantities of 
such hazardous and radioactive wastes generated, the constituent
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thereof which are significant in quantity or in potential harm to
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human health or the environment, and the disposition of such
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wastes;
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(b) Use of appropriate storage facilities and containers to prevent
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releases of materials to the environment;
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(c) Labeling practices for any containers used for the storage,
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transport or disposal of such hazardous and radioactive wastes
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that will identify accurately such wastes;
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(d) Use of a manifest or consignment note system and any other
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means necessary to assure that all hazardous and radioactive
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wastes generated are designated for treatment, storage or
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disposal in, and arrived at TSDFs with appropriate permit issued
13 
pursuant to this Act;
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(e) Emergency and contingency plans for effective action to minimize
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damage and contain and mitigate effects of spills and accidents in
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connection with the generation, transport, storage or disposal of
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such wastes;
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(f) When it is necessary to transport the wastes, the generators shall
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only engage the services of transporters and the TSDFs holding
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permits issued pursuant to this Act; and
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(g) In the case of radioactive wastes, the wastes generator is required
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to submit a certificate of transport from the radiological health and
23 
safety officer (RHSO) for the transport of radioactive wastes to the
24 
treatment faciiity.
25
26 
Sec. 11. Requirements Applicable to Transporters o f Hazardous and
27 
Radioactive Wastes. -  Within six (6) months after the effectivity of this Act, the
28 
Department, in coordination with the DOH, the PNRI and the Department of
29 
Transportation (DOTr), shall establish requirements applicable to transporters of
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1 
hazardous and radioactive wastes necessary to protect human health and the
2 
environment.
3 
(a) Recordkeeping concerning such wastes transported and their
4 
source and delivery points;
5 
(b) Use of carriers duly registered with the DOTr;
6 
(c) Transport of wastes only if properly labeled;
7 
(d) Transport of wastes only to the TSDF which the generator
8 
designates in the manifest form to be a facility holding appropriate
9 
permit issued pursuant to this Act;
10 
(e) Emergency and contingency plans for effective action to minimize
11 
damage and contain and mitigate of spills and accidents in
12 
connection with the transport of such wastes; and
13 
(f) Coordination with other concerned government agencies in the
14 
event that transport of such hazardous and radioactive wastes to
15 
the 
designated 
TSDF 
requires 
security 
escort 
or police
16 
protection/assistance.
17
18 
Sec. 12. Requirements Applicable to Owners o f Hazardous and Radioactive
19 
Wastes Treatment, Storage and Disposal Facilities. -  Within six (6) months after
20 
the effectivity of this Act, the Department, in coordination with the DOH and the
21 
PNRI, shall establish requirements applicable to owners of the TSDFs of
22 
hazardous and radioactive wastes necessary to protect human health and the
23 
environment; Provided, That the Department, the DOH and the PNRI shall,
24 
where applicable, distinguish requirements appropriate for new 
and existing
25 
facilities at the time of the effectivity of this Act. Such requirements shall include,
26 
but need not be limited to, the following:
27 
(a) Performance standards for the design, construction, operation,
28 
maintenance and monitoring of the facility;
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(b) Requirements and standards to ensure adequate resources,
2 
including human and financial, throughout the life cycle of the
3 
facility;
4 
(c) Requirements and standards for the closure, decommissioning and
5 
post-closure care, monitoring and maintenance 
and use of the
6 
facility;
7 
(d) Waste acceptance requirements and procedures, approved by the
8 
Department, the DOH and the PNRI, for different types of
9 
hazardous and radioactive wastes packages; and
10 
(e) Management, engineering controls and use of personnel protective
11 
equipment to minimize exposure of workers to the hazardous
12 
wastes and medical surveillance of workers directly involved in the
13 
collection, transport, storage or disposal 
of hazardous wastes.
14
15 
Sec. 13. Categories o f TSDFs for Hazardous and Radioactive Wastes. -
16 
Within six (6) months after the effectivity of this Act, the Department shall
17 
formulate 
specific, 
relevant 
and 
appropriate 
standards, 
including 
waste
18 
acceptance criteria, for the various categories of TSDFs identified hereunder;
19 
Provided, That no waste shall be accepted unless it complies with the waste
20 
acceptance criteria formulated pursuant to this Act; Provided, further. That the
21 
Department shall revise, as the need arises, the regulations, standards and
22 
guidelines applicable to the categories listed hereunder, taking into account
23 
improvements in the technology of control and measurement; Provided, finaiiy,
24 
That such regulations shall specify criteria for the acceptable location of new and
25 
existing TSDFs as necessary to protect human health and the environment.
26
27 
The categories of TSDFs are as follows:
28 
(a) Facilities that conduct on-site storage, treatment and disposal of
29 
hazardous wastes generated or produced at the premises through
30 
industrial or commercial processes and activities other than
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disposal via sewer -  The Department shall encourage on-site 
treatment of hazardous waste by, among others, providing for 
incentives; 
Provided, That generators who undertake partial 
treatment of wastes shall not be considered as on-site facility 
operators for purposes of this category; Provided, however. That 
mining operations shall fall under this category;
(b) Commercial or industrial hazardous wastes thermal treatment 
facilities;
(c) TSDFs in this category are facilities that conduct on-site and off­
site thermal treatment; Provided, That the Department shall 
promulgate regulations on hazardous wastes used as fuel and raw 
material; Provided, further. That the Department may also exempt 
from the requirements hereof facilities which burn de minimis 
quantities of hazardous wastes as fuel, as defined by the 
Department, if:
(1) the wastes are burned at the same facility at which such 
wastes are generated;
(2) the 
waste 
is 
burned 
to 
recover 
useful 
energy, 
as 
determined by the Department on the basis of the design 
and operating characteristics of the facility and the heating 
value and other characteristics of the waste; and
(3) the waste is burned in a type of device determined by the 
Department to be designed and operated at a destruction 
and removal efficiency sufficient such that the protection of 
human health and environment is assured;
(d) Landfills that accept hazardous wastes for disposals -  The 
Department shall, after due review and public consultation, 
promulgate regulation concerning the prohibition of specified 
hazardous wastes in landfills; Provided, That the placement of 
such specified hazardous wastes in landfills maybe allowed upon
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determination by the Department that the prohibition for disposal 
of such waste in landfills is not required in order to protect human 
health and the environment for as long as the waste remains 
hazardous, taking into account the following factors:
(1) The long-term till certainties associated with land disposal;
(2) The goal of managing hazardous wastes in an appropriate 
manner in the first instance; and
(3) The persistence, toxicity, mobility and propensity to bio­
accumulate such hazardous wastes and their hazardous 
constituents.
For this purpose, disposal of hazardous wastes in landfills is 
deemed to be protective of human health and the environment if it 
is determined that there will be no migration of hazardous 
constituents of the wastes from the disposal unit or injection zone; 
Provided, however, That the disposal of any liquid in landfills shall 
be prohibited; Provided, further. That the disposal in landfills of 
wastes containing hazardous solvents, pesticides and polycyclic 
hydrocarbons such as, among others, furans and dioxins, as 
determined 
by the department, after public consultation, 
is 
prohibited unless the Department determines the prohibition of the 
disposal of such waste is not required in order to protect human 
health and the environment for as long as the waste remains 
hazardous, 
taking 
into 
account the 
factors 
referred 
to 
in 
subparagraphs (1) to (3) of this category.
Within six (6) months from the preparation of the status report, the 
Department shall review, classify and rank, subject to public 
consultation, all hazardous wastes listed pursuant to this Act, other 
than those wastes which are referred to in subparagraph (3) of this
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category or deep injection wells. Within twelve (12) months 
thereafter, the Department, when necessary, shall promulgate 
regulations prohibiting disposal in landfills of such hazardous 
wastes listed and ranked; Provided, That the Department shall 
promptly publish in a newspaper of general circulation notice of 
such determination, together with an explanation of the basis for 
such 
determination; 
Provided, 
further. That the storage of 
hazardous and radioactive wastes in landfills is hereby prohibited;
(e) 
Facilities that recycle or reprocess hazardous wastes which are not 
generated or produced at the premises -  The Department, in 
coordination with the POST, shall promulgate standards for this 
category of the TSDF. Facilities in this category are those that 
receive off-site treatment of hazardous wastes and recover valuable 
materials from the hazardous wastes, use hazardous wastes as 
input material or fuel for production, or produce compost by 
biological treatment of hazardous wastes. These also include, but 
are not limited to, reclaimers of spent lead-acid batteries, precious 
metals and oil recyclers;
(f) 
Other off-site treatment facilities -  Facilities in this category are 
those facilities that receive hazardous wastes outside the premises 
and transform physical and/or chemical characteristics of the 
hazardous wastes by physicochemical or thermal treatment other 
than incineration or in order to dispose of them into landfills;
(g) 
Facilities that store hazardous and radioactive wastes which are not 
generated or produced at the premises within allowable period -  
The storage of any hazardous and radioactive waste is prohibited, 
unless such storage is solely for the purpose of the accumulation of 
such quantities of hazardous wastes as are necessary to facilitate 
proper recover, treatment or disposal but shall not be longer than 
is prescribed by the Department; and
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(h) Other land disposal facilities -  Facilities under this category shall 
include, among others, deep injection wells, borehole facilities, near 
surface facilities, mined cavities, surface impoundments, land 
treatment units/land farming and abandoned underground mines.
Sec. 14. Closure Plan. -  The owner of TSDFs shall submit a closure plan, 
including the funds and human resources necessary for the same, subject to the 
review and approval of the Department.
Sec. 15. Post-closure o f Facility. -  The owner of a TSDF must close the 
facility upon termination of its operation and shall, after such closure, provide for 
protection 
during 
a 
post-closure 
care 
period, 
in 
accordance 
with 
the 
requirements of the Department and the closure plan, including the funds and 
human resources necessary for the same. The protection shall include, but shall 
not be limited to, monitoring, repair and maintenance. The owner shall maintain 
a hazardous waste facility permit for the post-closure care period pursuant to 
Chapter VI hereof.
Sec. 16. Environmental Impact Statement (EI5) System. -  Prior to the 
establishment of TSDFs, all government agencies and private corporations, firms 
and entities which intend to set up TSDFs shall be subject to the Environmental 
Impact Statement (EIS) System pursuant to the provisions of Presidential Decree 
No. 1586 and its implementing rules and regulations.
Sec. 17. Formulation o f Soil Quality Standards for Identification o f 
Contaminated Sites. -  Within six (6) months from the effectivity of this Act, the 
Department, in coordination with other relevant government agencies, shall 
formulate soil quality standards which shall be used to determine contaminated 
sites.
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Sec. 18. Registry o f Contaminated Sites. -  The Department shall maintain 
a registry of confirmed contaminated sites in the country based on the soil 
quality standards set pursuant to Section 17 hereof; Provided, That the 
Department shall take all necessary action to ensure that the registry provides a 
complete listing of all such sites, their exact location and the types of waste 
found at each site; Provided, further. That in developing and maintain the 
registry, the Department shall assess, based upon new information received, the 
relative priority of the need for action at each site to remedy environmental and 
health problems resulting from the presence of hazardous and radioactive wastes 
at such sites; Provided, finaiiy. That any site classified as properly closed or 
remediated where no evidence of present or potential adverse impact exists shall 
be deleted from the registry.
Sec. 19. Im port and Export o f Hazardous and Radioactive Wastes. -  In 
accordance with Section 2(c) hereof, the Department and the PNRI shall 
promulgate rules and regulations on the import and export of hazardous and 
radioactive wastes consistent with relevant multilateral international agreements 
and protocols.
Sec. 20. 
Market-based Instruments, Responsibie Care and Product 
Stewardship Program. -  Within six (6) months from the effectivity of this Act, the 
Department, in coordination with the manufacturers of commercial or industrial 
products, shall identify and implement market-based, instruments, extended 
producer responsibility, responsible care, products stewardship programs that 
shall promote cleaner production, waste minimization and resource recovery; 
Provided, That the Department shall identify and list products that shall be 
covered by such programs.
CHAPTER I I I  
RADIOACTIVE WASTES
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Sec. 21. Listing o f Radioactive Wastes. -  Within six (6) months from the 
effectivity of this Act, the Department of Science and Technology (DOST) -  
PNRI, in coordination with the Department, after public consultation, shall 
formulate and publish the criteria for identifying and listing the types of 
radioactive wastes to be monitored and regulated.
Sec. 22. Ciassification o f Radioactive Wastes. -  The PNRI shall establish 
the waste classification system based on internationally-acceptable guidelines. 
The classification system shall be primarily on the safety aspects of radioactive 
wastes disposal; Provided, That other stages of radioactive wastes management 
may also be developed by the PNRI.
Sec. 23. Management o f Radioactive Wastes. -  Pursuant to Sections 10, 
11 and 12 hereof, the PNRI shall promulgate rules and regulations on radioactive 
wastes management. Said rules and regulations shall be based on the best 
available technique to limit the outflow of radioactive substances to the 
environment, taking into account the benefits as well as the cost of the 
technique. The technique shall be both technically and economically feasible; 
Provided, That said rules and regulations may be based on, but not be limited to, 
the following methods of managing radioactive wastes:
(a) Dilute and Disperse -  Radioactive waste within activity level that 
can be disposed of as ordinary waste into the sewage, municipal 
landfills, etc.;
(b) Delay and Decay -  Short-lived radionuclides by storing under well 
controlled conditions until the radioactivity has decayed to a level 
which meets the established exemption or clearance limits for such 
waste;
(c) Characterization, Segregation, Treatment, Conditioning, Transport, 
Storage, 
Disposal Methods for managing radioactive wastes
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containing 
long-lived 
radionuciides, 
including disused, sealed 
sources and other wastes that cannot be managed under 
subsections (a) and (b) of this Section; Provided, That the 
acceptable storage period for conditioned wastes prior to the 
establishment of a finai disposal repository shall be a maximum 
period of fifty (50) years.
Sec. 24. 
Guidelines for the Acceptance o f Radioactive Wastes by 
Transporters and TSDFs. -  Within six (6) months after the effectivity of this Act, 
the PNRI shall formulate specific, reievant and appropriate waste acceptance 
criteria for transporters and TSDFs of radioactive wastes; Provided, That no 
radioactive waste shali be accepted uniess it complies with the waste acceptance 
criteria formulated pursuant hereof.
Sec. 25. Site Requirement and Selection Criteria. -  The PNRI shall develop 
and promulgate generic site requirements for iocating a final repository for 
radioactive wastes.
Sec. 26. Safety Assessment and Environmental Impact Assessment (EIA). 
-  The PNRI shall develop and promulgate criteria and regulations on the 
performance requirements and safety assessment of the TSDF; Provided, That 
the safety assessment shali, among others, address both radioiogical and non- 
radiological risks; Provided, further. That non-radiological EIA shali be carried out 
in accordance with relevant environmental laws.
Sec. 
27. 
Emergency Preparedness. -  The PNRI shall 
promulgate 
requirements 
and 
guidance 
on 
the 
formulation 
of 
emergency 
plans 
commensurate to the seriousness of the accidents that couid occur at the TSDFs.
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Sec. 28. Security. -  The PNRI shall promulgate guidelines on security 
arrangements that should be in place to ensure that radioactive waste is not 
accidentally or deliberately removed from their proper location without location. 
Particular attention shall be given to materials of intrinsic value that could pose a 
serious threat to human health and the environment if control were lost.
CHAPTER IV
HAZARDOUS HEALTHCARE WASTES
Sec. 29. Listing o f Hazardous Heaithcare Wastes. -  Within six (6) months 
from the effectivity of this Act, the DOH, in coordination the Department and the 
DILG, after public consultation, shall formulate criteria for identifying and listing 
the categories of hazardous healthcare wastes to be tracked and regulated. In 
the formulation of such criteria, the DOH shall take into account, but not be 
limited to, presence of infectious agents, toxicity, reactivity, ignitability and 
corrosivity.
Sec. 30. Management o f Hazardous Heaithcare Wastes in Hospitais and 
Other Healthcare Faciiities. -  Pursuant to Section 10, 11 and 12 hereof, the DOH 
shall promulgate rules and regulations on the effective management of 
hazardous healthcare wastes in hospitals and other healthcare facilities. Such 
rules and regulations shall include, but not be limited to, the following:
(a) Hospitals and other healthcare facilities shall practice or implement 
waste minimization and segregation;
(b) Segregation at source shall be the responsibility of the waste 
generator;
(c) Appropriate storage receptacles or bins shall be provided for each 
healthcare waste category;
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(d) Labeling of receptacle per waste category shall likewise be 
implemented 
for 
identification 
of 
waste 
and 
management 
measures in case of accidents;
(e) All hazardous healthcare wastes shall be collected and stored in 
designated on-site storage areas until transported to a TSDF;
(f) Treatment of hazardous healthcare wastes on-site shall be done 
through appropriate treatment methods;
(g) Upon the approval of the Department, healthcare facilities with 
capacity of manage hazardous healthcare wastes on-site may also 
treat for a fee the hazardous healthcare wastes generated by 
other healthcare facilities; Provided, That in case of treatment of 
radioactive healthcare wastes, approval of the PNRI shall be 
secured;
(h) For hazardous healthcare liquid waste, all healthcare facilities shall 
provide wastewater treatment facilities and comply with the 
effluent standards set by the DBNR. Treatment and disposal of 
sludge shall conform to the provisions of this Act; and
(i) To ensure the proper management of hazardous healthcare
wastes, 
a 
committee 
on 
hazardous 
healthcare 
wastes
management may be created in all healthcare facilities; Provided, 
That in all level 1, level 2, level 3 and level 4 hospitals, the 
creation 
of a 
committee 
on 
hazardous 
healthcare 
wastes 
management shall be mandatory. The committee shall also 
develop 
an emergency plan to ensure 
an 
immediate and
appropriate 
action 
once 
an 
emergency 
occurs. 
For 
other 
healthcare 
establishments, 
a 
hazardous 
healthcare 
waste 
management officer shall be designated.
CHAPTER V
SPECIAL HAZARDOUS WASTES
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Sec. 31. Collection o f Special Hazardous Wastes. -  Local government units 
(LGUs) shall be responsible for the collection of special hazardous wastes, as 
listed by the Department in accordance with Section 5 hereof, from persons and 
households; Provided, That the LGUs may enter into agreement with entities 
duly accredited by the Department for the collection of special hazardous wastes.
Sec. 32. Responsible Care Program for Special Hazardous Wastes. -  The 
LGUs shall enact appropriate ordinances implementing 
responsible care, 
extended producer responsibility or product stewardship program that shall 
include, but shall not be limited to, take back or return to supplier schemes, that 
shall promote cleaner production, waste minimization and resource recovery.
Sec. 33. Transport, Treatment, Storage and Disposal o f Special Hazardous 
Wastes. -  Upon collection of hazardous special wastes by LGUs pursuant to 
Section 31 hereof, the transport, treatment, storage and disposal of special 
hazardous wastes shall be regulated in accordance with this Act.
CHAPTER V I
INSTITUTIONAL MECHANISM
Sec. 34. Lead Agency. -  The Department shall be the primary government 
agency responsible for the implementation and enforcement of this Act, including 
in Philippine Economic Zone Authority areas, special economic zones and 
freeports, unless otherwise provided herein. As such, it shall have the following 
functions, powers and responsibilities:
(a) Prepare a National Hazardous and Radioactive Wastes Report;
(b) Prepare 
a 
National 
Hazardous 
and 
Radioactive 
Wastes 
Management Framework;
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(c) Develop and promulgate criteria for identifying and listing the 
characteristics of hazardous and radioactive wastes;
(d) Establish, enforce, review and revise standards for generators of 
hazardous and radioactive wastes;
(e) Establish, enforce, review and revise standards for transporters of 
hazardous and radioactive wastes;
(f) Establish, enforce, review and revise standards applicable to 
owners and operators of facilities for the treatment, storage and 
disposal of hazardous and radioactive wastes;
(g) Exercise jurisdiction over all aspects of generation, possession, 
collection, destruction, recovery, use, storage, transportation, 
entry into, even in transit, treatment and disposal of hazardous 
and radioactive wastes;
(h) Evaluate application for and issue permits and licenses' pursuant 
to this Act;
(i) Revoke, modify or deny in accordance with the standards, rules 
and regulations, hazardous waste transporter licenses, TSDFs 
permits and other permits/licenses issued in accordance with this 
Act;
(j) Establish a cooperative effort among the national government, 
LGUs, academic institutions, civil society and the private sector to 
attain the objectives of this Act;
(k) Develop and implement programs to achieve goals and objectives 
set under this Act;
(l) Accept, receive and administer grants or other funds or gifts from 
public and private agencies, for the purpose of carrying out the 
provisions of this Act. Funds received by the Department pursuant 
to this section shall accrue to the Hazardous and Radioactive 
Wastes Management Fund;
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(m) Secure 
necessary 
scientific, 
technical, 
including 
laboratory
2 
facilities, by contract or otherwise;
3 
(n) Encourage, 
coordinate, 
participate 
in 
or 
conduct 
studies,
4 
investigations, research and technical demonstrations relating to
5 
hazardous and radioactive wastes management as it may deem
6 
advisable and necessary for the discharge of its duties pursuant to
7 
this Act;
8 
(o) Encourage waste reduction, resource recovery, exchange and
9 
energy 
conservation 
in 
hazardous 
and 
radioactive 
wastes
10 
management;
11 
(p) Oversee any corrective action work undertaken pursuant to rules
12 
and regulations issued in accordance with this Act;
13 
(q) Formulate 
and 
undertake 
appropriate 
protocol 
with 
other
14 
concerned agencies for immediate coordinated responses to
15 
hazardous and radioactive waste-related emergency incidents;
16 
(r) Issue order against any person or entity and impose fines,
17 
penalties and other administrative sanctions to compel compliance
18 
with the provisions hereof, standards, rules and regulations issued
19 
pursuant to this Act; and
20 
(s) Exercise such powers and perform such other functions as may be
21 
necessary to carry out the objectives of this Act.
22
23 
Sec. 36. Role o f the PNRI. -  The PNRI shall be primarily responsible in
24 
performing the following duties and responsibilities:
25 
(a) Develop and promulgate regulations establishing a program for
26 
the monitoring of the radioactive wastes listed pursuant to this
27 
Act;
28 
(b) Develop, promulgate and publish criteria for identifying and listing
29 
the types of radioactive wastes to be monitored and regulated;
30


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(c) Develop and promulgate rules and regulations on the radioactive
2 
wastes management pursuant to Section 23 hereof;
3 
(d) Formulate specific, relevant and appropriate waste acceptance
4 
criteria for transporters and TSDFs of radioactive wastes pursuant
5 
to Section 24 hereof;
6 
(e) Exercise jurisdiction over all aspects of generation, possession,
7 
collection, 
recovery, 
transport, 
entry, 
even 
in 
transit, 
into
8 
Philippine territory, treatment, storage 
and disposal of radioactive
9 
wastes; and
10 
(f) Exercise such powers and perform such other functions as may be
11 
necessary to carry out the provisions of this Act.
12
13 
Sec. 37. Role o f Local Government Units (LGUs). -  Local government units
14 
shall have the following duties and responsibilities:
15 
(a) Share the responsibility for the implementation, enforcement and
16 
monitoring of the provisions of this Act within their territorial
17 
jurisdictions such as the registration and compliance monitoring of
18 
generators, transports and TSDFs;
19 
(b) Prepare a compliance scheme in accordance with their special
20 
hazardous wastes management program;
21 
(c) Segregation and collection of special hazardous wastes;
22 
(d) Emergency preparedness and response;
23 
(e) Participate in all efforts concerning hazardous and radioactive
24 
wastes management; and
25 
(f) Enact appropriate ordinances to implement LCD's role in this Act.
26
27 
Sec. 38. The Interagency Technical Advisory Council (lATAC). -  For
28 
purposes of policy integration and harmonization and coordination of functions,
29 
there is hereby created an lATAC attached to the Department which shall be
30 
composed of the following officials of their duly authorized representatives:
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(a) Secretary of Environment and Natural Resources, as chairperson;
2 
(b) Secretary of Health, as co-chairperson;
3 
(c) Secretary of Science and Technology, as co-chairperson;
4 
(d) Secretary of Agriculture;
5 
(e) Secretary of Finance;
6 
(f) Secretary of Trade and Industry;
7 
(g) Secretary of National Defense;
8 
(h) Secretary of Foreign Affairs;
9 
(i) Secretary of Transportation;
10 
(j) President of League of Cities;
11 
(k) President of League of Municipalities;
12 
(I) President of League of Provinces;
13 
(m) President of League of Barangays;
14 
(n) Director General of the Philippine Export Zone Authority;
15 
(o) Representative from civil society;
16 
(p) Representative from the industry;
17 
(q) Representative from the TSDF operators; and
18 
(r) Representative from the academe as members
19
20 
The lATAC shall have the following functions, among others:
21 
(a) Develop and promulgate criteria in assessing the proposed
22 
BAT/BEP to be used accordance with Section 9 hereof; and
23 
(b) Constitute and authorize a multidisciplinary body to conduct
24 
annual audit to determine compliance of the TSDF perpetrators
25 
with the terms and conditions in the permits and licenses issued
26 
pursuant to this Act.
27
28 
Sec. 39. The lATAC Technical Working Group. -  The lATAC shall be
29 
supported by a technical working group (TWG) which shall be composed of
30 
representatives of the following:
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(a) Environmental Management Bureau (EMB) of the Department;
(b) Environmental and Occupational Health Office of the DOH;
(c) Philippine Nuclear Research Institute of the DOST;
(d) Industrial Technology Development Institute of the DOST;
(e) Bureau of Heaith Facilities and Services of the DOH;
(f) Bureau of Soil and Water Management of the Department of 
Agriculture (DA);
(g) Fertilizer and Pesticide Authority of the DA;
(h) Bureau of Customs of the Department of Finance (DOF);
(i) Bureau of International Trade Relations of the DTI;
(j) Board of Investments of the DTI;
(k) Bureau of Import Services of the DTI;
(l) 
Department of National Defense (DND);
(m) Land Transport Office of the DOTr;
(n) Occupational Health and Safety Center of the Department of Labor 
and Employment (DOLE);
(o) Philippine Coast Guard;
(p) Nongovernment organizations (NGOs);
(q) Industry; and
(r) the Academe.
The TWG shaii provide technical support to the lATAC.
Sec. 40. Linkage Mechanism. -  The Department and its concerned 
agencies may coordinate and enter into agreement with other government 
agencies, civil society, industrial sector and other concerned sectors in the 
furtherance of the poiicies of this Act; Provided, That the Department shall 
coordinate with the DILG and the Philippine National Police in the enforcement of 
the requirements for transporters issued pursuant to this Act.
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Sec. 41. Visitoria! Powers. -  The Department, the PNRI and the DOH or
2 
their duly authorized representatives shall have access to, and the right to copy
3 
therefrom, the records required to be maintained pursuant to the provisions of
4 
this Act. The Secretary of the Department and the DOH and the Director of the
5 
PNRI or their authorized representatives shall likewise have the right to enter the
6 
premises of any generator, transporter or TSDF any time to question any
7 
employee or investigate any fact, condition or matter which may be necessary to
8 
determine any violation, or which may aid in the effective enforcement of this
9 
Act and its implementing rules and regulations. This section shall not apply to
10 
private dwelling places unless the visitorial power is otherwise judicially
11 
authorized.
12
13 
CHAPTER V II
14 
PERMITS AND FEES
15
16 
Sec. 42. Permits for Treatment, Storage or Disposal o f Hazardous and
17 
Radioactive Wastes. -
18 
(a) Issuance of Permit -  Any person owning an existing or a new
19 
TSDF of hazardous or radioactive wastes identified or listed
20 
pursuant to this Act is required to secure 
a permit or license
21 
pursuant to this section. The Department and the PNRI shall
22 
prescribe reasonable fees for the issuance of said permit or
23 
license.
24 
(b) Duration of Permit -  Any permit under this section shall be issued
25 
annually during the first three (3) years of operation as a TSDF.
26 
Thereafter, the Department and the PNRI may issue a permit or
27 
license which is valid for five (5) years to a TSDF who has
28 
satisfactorily complied with the rules and regulations 
issued
29 
pursuant to this Act for three (3) consecutive years; Provided,
30 
That an annual audit shall 
be conducted by a multidisciplinary
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body constituted and authorized by the lATAC created pursuant 
hereof.
(c) Permit Modification, Suspension and Revocation -  The Department 
and the PNRI shall modify, suspend and revoke such permit upon 
a determination of noncompliance by a TSDF with the relevant 
provisions of this Act or the terms and conditions of the permit.
(d) Interim Status -  Any person who owns a TSDF in existence prior 
to this Act is required to have permit under this section shall be 
treated as having been issued such permit for a period of twelve 
(12) months after the effectivity of this Act; Provided, That this 
paragraph shall not apply to any facility which has been previously 
denied a TSDF permit or license or if authority to operate the 
facility has been previously terminated.
Sec. 43. Hazardous and Radioactive Wastes Transporter License. -
(a) Any person transporting any hazardous and radioactive waste is 
required 
to 
secure 
a 
waste 
transporter 
license 
from 
the 
Department, subject to the payment of a reasonable fee;
(b) Duration of License -  A waste transporter license issued under this 
section shall be valid for a period of one (1) year;
(c) License 
Modification, 
Suspension 
and 
Revocation 
-  
The 
Department and the PNRI shall modify, suspend and revoke such 
license upon a determination of noncompliance by a transporter 
with the relevant provisions of this Act or the terms and conditions 
of the permit. A license is not required for the transport of any 
hazardous or radioactive waste on the premise where it is 
generated or onto a property owned by the generator thereof 
located within a one (1) kilometer radius from said premises or 
within the same industrial estate; Provided, That the Department 
is notified in writing prior to the transfer and a week after the
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transfer has been completed. Nothing in this section shall be 
interpreted to preclude the Department and the PNRI from 
inspecting unlicensed hazardous waste transporting equipment 
and to require that it be adequate to provide protection for the 
health of humans and the environment.
Sec. 44. Hazardous Wastes Disposal Fee. -  All hazardous wastes disposal 
facilities shall collect, on behalf of the government, from each hazardous waste 
generator or transporter disposing such wastes at the disposal site, a fee that 
shall accrue to the hazardous wastes management fund. The fee shall be 
established by the Department, taking into consideration the following:
(a) To provide strong economic inducement for generators to modify 
their production or management processes;
(b) To cover the cost of administrative hazardous and radioactive 
wastes management;
(c) Reflect damages caused by hazardous and radioactive wastes on 
the surrounding environment, including the cost of rehabilitation;
(d) Category of wastes; and
(e) Classification of wastes.
The fee, which shall be established after due public consultation, shall be based 
on the quantity of wastes disposed.
CHAPTER V III
FINANCING HAZARDOUS WASTES MANAGEMENT
Sec. 45. Financial Liability for Environmental Rehabilitation. -  The 
Department shall 
require generators and owners of TSDFs to put up 
Environmental Guarantee Fund (EGF) as part of the Environmental Management 
Plan attached to the Environmental Compliance Certificate (ECC), pursuant to
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Presidential Decree No. 1586 and its implementing rules and regulations. The 
EGF shall finance the needs of emergency response, clean up or rehabilitation of 
areas that may be damaged during the generation, transport, treatment, storage 
or disposal of hazardous and radioactive wastes. Liability for damages shall 
continue even after termination of the project and until the lapse of a given 
period indicated in the ECC, as determined by the Department.
The EGF may be in the form of a trust fund, environmental insurance, surety 
bonds, letters of credit, self-insurance and any other instrument which may be 
identified by the Department. The choice of the guarantee instrument or 
combinations thereof shall depend, among others, on the assessment of the risks 
involved. Proponents required to put up guarantee instruments shall furnish the 
Department with evidence of availment of such instruments.
Sec. 46. Performance Bond. -  Prior to issuance of the required permit to 
operate, the Department shall require transporters, owners of treatment/storage 
facilities to post performance bond. The performance bond shall be forfeited in 
the event of abandonment of sites and/or non-performance of post-closure 
requirements issued pursuant to Section 15 hereof; Provided, That this provision 
shall not apply to State-owned treatment/storage facilities and to recyclers 
identified and listed as such, pursuant to this Act.
CHAPTER IX
INCENTIVES
Sec. 47. Rewards. -  Rewards, monetary or otherwise, shall be provided to 
individuals, private organizations and entities, including 
NGOs that have 
undertaken outstanding and innovative projects, technologies, processes and 
techniques or activities in hazardous and radioactive wastes management. Said
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rewards shall 
be sourced from the Hazardous and 
Radioactive Wastes
2 
Management Fund herein created.
3
4 
Sec. 48. Incentives Scheme. -  An incentive scheme is hereby provided for
5 
the purpose of encouraging enterprises, private entities, LCDs and NGOs to
6 
develop or 
undertake 
an 
effective 
hazardous 
and 
radioactive 
wastes
7 
management, or actively participate in any program geared towards the
8 
promotion thereof, consistent with the objectives of this Act.
9 
(a) Tax and Duty Exemption on Imported Capital Equipment and
10 
Vehicles -  Within five (5) years upon the effectivity of this Act,
11 
registered enterprises, LGUs and NGOs shall enjoy tax and duty-
12 
free importation of machinery, equipment, technology and spare
13 
parts used for the processing, storage and treatment of hazardous
14 
and radioactive wastes, including cleaner production and waste
15 
minimization technologies; Provided, That the importation of such
16 
machinery, equipment, technology and spare parts shall comply
17 
with the following conditions:
18 
(1) They are not manufactured domestically in sufficient
19 
quantity, of comparable quality and at reasonable prices;
20 
(2) They are reasonably needed and will be used actually,
21 
directly and exclusively, for the abovementioned activities;
22 
and
23 
(3) There is an approval from the Board of Investment (BOI) of
24 
the DTI for the importation of such machinery, equipment,
25 
technology and spare parts; Provided, further. That the
26 
sale, transfer or disposition of such machinery, equipment,
27 
technology and spare parts, without prior approval of the
28 
BOI within five (5) years from the date of acquisition shall
29 
be prohibited; otherwise, the registered enterprise, LGU or
30 
NGO concerned and the buyer, transferee or assignee shall
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be solitarily liable to pay twice the amount of tax and duty 
exemption given it.
(b) Tax Exemption on the Sale of Domestic Capital Equipment -  
Within five (5) years from the effectivit/ of this Act, the sale of 
domestic capital equipment, including its spare parts to registered 
enterprises, LCDs and NGOs to be used for processing, storage 
and treatment of hazardous and radioactive wastes, shall be 
exempted from any applicable taxes imposed under the National 
Internal Revenue Code of 1997, as amended; Provided, That said 
incentive shall be subject to the same conditions and prohibition 
cited in the preceding paragraph;
(c) Tax Exemption of Donations, Legacies and Gifts -  All donations, 
gifts and legacies made by any person or entity in favor of the 
registered enterprises, LGU and NGOs, for the support and 
maintenance 
of the 
program 
for 
effective 
hazardous 
and 
radioactive wastes management, shall be exempt from donor's tax 
and such amount of donations shall be deductible from the gross 
income of the donor pursuant to Section 34, paragraph (H) of the 
National Internal Revenue Code of 1997, as amended;
(d) Financial Assistance Program -  Government financial institutions 
such as the Development Bank of the Philippines (DBP), the 
Landbank of the Philippines (LBP), the Government Service 
Insurance System (GSIS) and such other government institutions 
providing financial services shall, in accordance with and to the 
extent allowed by the enabling provisions of their respective 
charters or applicable laws, accord high priority to extend financial 
services to individuals, enterprises or private entities engaged in 
hazardous, radioactive, medical and hazardous special wastes 
management;
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(e) Extension of Grants to LGUs -  Cities or municipalities whose
2 
special hazardous wastes management programs have been duly
3 
accredited by the Department or have adopted innovative wastes
4 
management programs may be entitled to receive grants for the
5 
purpose of developing their technical capacities toward actively
6 
participating in the program for effective and sustainable wastes
7 
management
8 
(f) Incentives to Host LGUs -  LGUs which host common hazardous
9 
and radioactive wastes management facilities shall be entitled to
10 
incentives as provided for under this Act;
11 
(g) Tax Exemption on Hazardous Wastes Generated Within PEZA
12 
Areas, Freeports and Other Special Ecozones -  Hazardous waste
13 
materials generated within PEZA areas, freeports and other special
14 
ecozones shall be allowed to be brought to the Philippine customs
15 
territory for the sole intention of recycling and treatment, and shall
16 
be exempted from payment of any tax due on said hazardous
17 
wastes; Provided, That said recyclable hazardous waste materials
18 
are identified and listed in accordance with Section 5 of this Act.
19
20 
CHAPTER X
21 
C IV IL LIA B ILITY  AND PENAL PROVISIONS
22
23 
Sec. 49. Generator's Liability. -  The generator is primarily responsible for
24 
the management of hazardous and radioactive wastes until said waste has been
25 
certified as properly treated or disposed by duly accredited TSDFs; Provided,
26 
That wastes that are exported outside of the country and treated and disposed in
27 
accordance with international agreements, the TSDFs in the country of
28 
destination shall issue the certificate of treatment and disposal. All other
29 
environmental service provides involved in the transport, treatment, storage and
30 
disposal of said waste shall be jointly and severally liable with the generator in
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the event of any adverse environmental impacts due to the improper
2 
management of waste.
3
4 
Sec. 50. Prohibited Acts. -  The following acts are prohibited:
5 
(a) Discarding, throwing or dumping of hazardous or radioactive
6 
wastes, as listed pursuant to this Act in public places, such as
7 
roads, 
sidewalks, canal, esteros, 
parks, 
establishments and
8 
municipal solid waste facilities, or causing or permitting the same;
9 
(b) Undertaking activities involving the collection or transport of
10 
hazardous or radioactive wastes in violation of the standards and
11 
other requirements or permits set forth in this Act;
12 
(c) Causing or permitting the collection of non-segregated or unsorted
13 
hazardous wastes;
14 
(d) Operating TSDFs without permits issued pursuant to this Act;
15 
(e) Transporting hazardous or radioactive wastes without the required
16 
permit or license pursuant to this Act;
17 
(f) The mixing of source-separated recyclable material with other
18 
hazardous wastes in any vehicle, box, container or receptacle used
19 
in hazardous or radioactive wastes collection or disposal;
20 
(g) Disposal of hazardous or radioactive wastes in open and controlled
21 
dumps as enjoined in this Act, or causing and permitting the
22 
same;
23 
(h) Establishment and operation of open and controlled dumps for
24 
hazardous and radioactive wastes;
25 
(i) Transporting and dumping of collected hazardous or radioactive
26 
wastes in areas other than facilities prescribed under this Act;
27 
(j) Open burning of hazardous or radioactive wastes;
28 
(k) Transporting any hazardous or radioactive wastes to a TSDF which
29 
is not authorized to receive such waste pursuant to this Act;
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(l) Treating, storing or disposing of any hazardous or radioactive 
waste either: (1) without permit or license to do so pursuant 
hereof; or (2) in knowing violation of any material condition or 
requirement of such permit or license; or (3) in violation of any 
standard promulgated pursuant to this Act;
(m) Making any false material statement, representation or certification 
in any application, label, permit, record, report, manifest or other 
document filed, maintained or required to be maintained under this 
Act;
(n) Falsifying, tampering with or rendering inaccurate any monitoring 
device or result therefrom used, filed, maintained or required to be 
maintained under this Act;
(o) Generating, treating, storing, transporting, disposing of or handling 
any hazardous or radioactive waste, and who, in connection 
therewith, knowingly destroying, altering or concealing any record 
required to be maintained pursuant to this Act;
(p) Owning, maintaining or operating any hazardous or radioactive 
waste disposal facility in a manner which permits any acts or 
hazardous waste management practices in violation of standards or 
rules and regulations issued pursuant to this Act;
(q) Failing to notify the Department, the DOH and the PNRI of 
hazardous or radioactive wastes activities pursuant to Section 6 
hereof;
(r) Importing or causing or permitting the entry, even in transit, into 
Philippine territory in violation of the provisions of this Act and its 
implementing rules and regulations, and relevant international 
agreements and protocols;
(s) Constructing, substantially altering or operating, including all post­
closure activities and operations specified 
in the rules and
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regulations, a hazardous or radioactive waste TSDF without first 
obtaining a permit as specified in this Act; and
(t) Site preparation, construction, expansion or operation of TSDFs 
without an ECC required pursuant to Presidential Decree No. 1586 
and this Act.
For purposes of this provision, the term "hazardous wastes" shall include special 
hazardous and healthcare wastes.
Sec. 51. Fines, Damages and Penalties. -  Unless otherwise provided 
herein, any person who commits any of the prohibited acts provided in the 
immediately preceding section or violates any of the provisions of this Act or its 
implementing rules and regulations shall be fined by the Pollution Adjudication 
Board (PAB) in the amount not less than Ten thousand pesos (P 10,000.00) but 
not more than One hundred thousand pesos (P 100,000.00) for every violation; 
Provided, That for violation of Section 52 involving prohibited acts under 
paragraphs (a), (g), (h), (i), (I), (p), (s) and (t) of the immediately preceding 
section, the fine shall be imposed for every day of violation.
For purposes of the application of fines, the PAB, within one (1) year upon the 
effectivity of this Act, shall establish a fine rating system to adjust the maximum 
fine based on the violator's ability to pay, degree of willfulness, degree of 
negligence, degree of severity of the offense, history of noncompliance and 
degree of recalcitrance.
The fines herein prescribed shall be reviewed and revised, whenever necessary, 
every three (3) years to compensate for inflation and to maintain the deterrent 
function of such fines; Provided, That the PAB may order the closure, suspension 
of development or construction, or cessation of operations until such time that 
proper environmental safeguards are put in place and/or compliance with this
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Act or its rules and regulations are undertaken. This paragraph shall be without
2 
prejudice to the issuance of an ex parte order for such closure, suspension of
3 
development or construction, or cessation of operations during the pendency of
4 
the case; Provided, further, That if the prohibited act undertaken shall require
5 
cleanup and 
rehabilitation, the offender shall also be required to restore or
6 
compensate for the restoration of the area. The PAB may also award such
7 
damages as it may deem just under the circumstances in favor of the private
8 
complainant in the case.
9
10 
In case of gross violation of this Act, the PAB shall issue a resolution
11 
recommending that the proper government agencies file criminal charges against
12 
the violators. Gross violation shall mean any of the following:
13 
(a) Deliberate disposal of hazardous or radioactive wastes without the
14 
required permit issued pursuant to this Act;
15 
(b) Three (3) or more violations revered to in paragraphs (a), (d), (g),
16 
(k), (I) and (m) of Section 50 hereof within a period of two (2)
17 
years; or
18 
(c) Blatant disregard of the orders of the PAB, such as the
19 
nonpayment of fines, breaking of seals or operation of the source
20 
of pollution despite the existence of an order for closure,
21 
discontinuance or cessation of operation, or unjustified, refusal for
22 
the entry or access to any premises of an authorized Department
23 
representative; in which case, offenders shall be punished a fine of
24 
not less than One hundred thousand pesos (P 100,000.00) but not
25 
more than Three million pesos (P 3,000,000.00) and/or with
26 
imprisonment of not less than three (3) years but not more than
27 
ten (10) years, at the discretion of the court.
28
29 
If the offender is a juridical person, the chief executive officer and the pollution
30 
control officer or its equivalent shall suffer the penalty herein provided; Provided,
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That the officers and incorporators of the TSDFs who violated the post-closure 
requirements issued pursuant to Section 15 hereof shall be banned from setting 
up TSDFs and hazardous and radioactive waste transport companies and 
engaging in the operation of the same.
If the offender is an alien, he or she shall, after service of the sentence 
prescribed above, be deported without further administrative proceedings. The 
fines herein prescribed shall be reviewed and revised, whenever necessary, every 
three (3) years to compensate for inflation and to maintain the deterrent 
functions of such fines.
Sec. 52. Administrative Sanctions. -  Local government officials and 
officials of government agencies concerned who fail to comply with and enforce 
rules and regulations promulgated relative to this Act shall be charged 
administratively in accordance with Republic Act No. 7160 and other existing 
laws, rules and regulations.
Sec. 53. Administrative Action. -  Without prejudice to the right of any 
affected person to file an administrative action, the Department, the DOH and 
the PNRI shall, on its own instances or upon verified complaint by any person, 
institute administrative and civil proceedings against any person who violates:
(a) Standards or limitations provided under this Act; or
(b) Any order, rule or regulation issued by the Department, the DOH, 
or the PNRI with respect to such standard or limitation.
Sec. 54. Citizen Suits. -  For purposes of enforcing the provisions of this 
Act or its implementing rules and regulations, any citizen may file an appropriate 
civil, criminal or administrative action in the proper courts or bodies against the 
following:
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(a) Any person who violates or fails to comply with the provisions of 
this Act or its implementing rules and regulations; or
(b) The Department or other implementing agencies with respect to 
orders, rules and regulations issued inconsistent with this Act; or
(c) Any public officer who willfully or grossly neglects the performance 
of an act specifically enjoined as a duty by this Act or its 
implementing rules and regulations; Provided, however, That no 
suit can be filed until after a thirty (30)-day notice has been given 
to the public officer and the alleged violator concerned and no 
appropriate action has been taken thereon.
The court shall exempt such action from the payment of filing fees except fees 
for action not capable of pecuniary estimations, and shall, likewise, upon prima 
facie showing of the non-enforcement or violation complained of, exempt the 
plaintiff from the filing of an injunction bond for the issuance of a preliminary 
injunction.
Within thirty (30) days, the court shall make a determination if the complaint 
herein is malicious and/or baseless and shall accordingly dismiss the action and 
award attorney's fees and damages.
Sec. 55. Suits and Strategic Legai Action Against Public Participation 
(SLAPP) and the Enforcement o f this Act. -  Where a suit is brought against a 
person who filed an action as provided for in Section 54 of this Act, or against 
any person, institution or government agency that implements this Act, it shall 
be the duty of the investigating prosecutor or the court, as the case may be, to 
immediately make a determination not exceeding thirty (30) days whether said 
legal action has been filed to harass, vex, exert undue pressure or stifle such 
legal recourses of the person complaining of or enforcing the provisions of this 
Act. Upon determination thereof, evidence warranting the same, the court shall
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dismiss the case and award attorney's fees and double damages. This provision 
shaii also apply and benefit public officer who are sued for acts committed in 
their official capacity, there being no grave abuse of authority, and done in the 
course of enforcing this Act.
CHAPTER X I
MISCELLANEOUS PROVISIONS
Sec. 56. Mandatory Public Hearings. -  Mandatory public hearings for the 
Framework shall be undertaken in accordance with the process to be formulated 
by the Department.
Sec. 57. Research on Hazardous and Radioactive Wastes Management -  
The Department, after consultations with the cooperating agencies, shall 
encourage, cooperate with and render financial and other assistance to 
appropriate government and private agencies, institutions and individuals in the 
conduct and promotion of researches, experiments and other studies on 
hazardous and radioactive wastes management, particularly those relating to:
(a) adverse health welfare effects of the release into the environment 
of hazardous and radioactive wastes, and methods to eliminate 
said effects or minimize the health risks;
(b) the operation and financing of hazardous and radioactive wastes 
disposal programs;
(c) the planning, implementation and operation of resource recovery 
and resource conservation systems;
(d) the production of usable forms of recovered resources, including 
fuel from hazardous wastes;
(e) the development and application of new and improved methods of 
collecting, separating and disposing of hazardous and radioactive
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wastes and processing and recovering materials and energy from 
hazardous and radioactive wastes;
(f) cleaner production technologies;
(g) improvements in land disposal practices for hazardous and 
radioactive wastes; and
(h) deveiopment of new uses of recovered resources and identification 
of existing or potentiai markets of recovered resources.
In carrying out hazardous and radioactive waste researches and studies, the 
Department, the DOH and the PNRI or their authorized representatives may 
award grants or enter into contracts with government agencies, NGOs and 
private persons.
Sec. 58. Public Education and Information. -  The Department, the PNRI 
and the DOH, in coordination with the Department of Education (DepEd), the 
Technical Education and Skills Development Authority (TESDA), the Commission 
on Higher Education (CHED), the DILG, the Philippine Information Agency (PIA) 
and the LGUs, shall conduct a continuing education and information campaign on 
hazardous and radioactive wastes management. Such education and information 
program shall:
(a) Aim to develop public awareness of the impacts of hazardous and 
radioactive wastes and how to prevent or minimize their adverse 
effects;
(b) Concentrate on activities which are feasible and which will have 
the 
greatest 
impact on 
hazardous 
and 
radioactive wastes 
management; and
(c) Encourage the general public, accredited NGOs and POs to publicly 
endorse and patronize environment-friendiy products.
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Sec. 59. Environment Education in the Formai and Non-Forma! Sectors. -  
The national government, through the DepEd and in coordination with concerned 
government agencies, NGOs and private institutions, shall strengthen the 
integration of environmental concerns in school curricula at all levels, with 
particular emphasis on hazardous and radioactive wastes management principles 
in order to promote environmental awareness and action among the citizenry.
Sec. 60. Business and Industry Roie. -  The Department, the DOH and the 
PNRI shall encourage commercial and 
industrial establishments, through 
appropriate incentives other than tax incentives, to initiate, participate and invest 
in integrated hazardous and radioactive wastes management projects to 
manufacture environment-friendly products; to introduce, develop and adopt 
innovated processes that shall recycle and reuse materials, conserve raw 
materials and energy, reduce waste and prevent pollution and to undertake 
community activities to promote and propagate effective hazardous and wastes 
management practices.
CHAPTER X II 
FINAL PROVISIONS
Sec. 61. Appropriations. -  The Secretaries of the DENR, the DOH and the 
DOST shall include in their programs the implementation of this Act, the funding 
of which shall be included in the annual General Appropriations Act.
In addition, the departments concerned may accept donations, contributions, 
grants, bequests or gifts, in cash or in kind, from various sources, domestic or 
foreign, for purposes relevant to hazardous and radioactive wastes management 
functions; Provided, That in case of donations from foreign governments, 
acceptance thereof shall be subject to prior clearance and approval of the
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President of the Philippines upon the recommendation of the Secretary of 
Foreign Affairs.
Receipts from donations shall be accounted for in the books of the recipient 
government agency in accordance-with pertinent accounting and auditing rules 
and regulations.
Sec. 62. Implementing Rules and Regulations. -  Within one (1) year after 
the effectivity of this Act, the Department, the DOH and the PNRI, in 
coordination with Committees on Environment and Ecology of the Senate and 
the House of Representatives, respectively, shall promulgate the implementing 
rules and regulations of this Act; Provided, That rules and regulations issued by 
other government agencies and instrumentalities relative to hazardous and 
radioactive wastes management consistent with this Act shall supplement the 
rules and regulations issued by the DENR, the PNRI and the DOH pursuant to the 
provisions of this Act.
There shall be a mandatory review of the implementing rules and regulations 
and standards set pursuant to the provisions of this Act.
Sec. 63. Joint Congressional Oversight Committee. -  There is hereby 
created 
a 
Joint 
Congressional 
Oversight 
Committee 
to 
monitor 
the 
implementation of this Act. The Committee shall be composed of five (5) 
Senators and five (5) Representatives to be appointed by the Senate President 
and the Speaker of the House of Representatives, respectively. The Oversight 
Committee shall be co-chaired by a Senator and a Representative designated by 
the Senate President and the Speaker of the House of Representatives, 
respectively.
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Sec. 64. Fines, Damages and Penalties. -  Pending the establishment of 
the 
Framework under Section 
8 
hereof and 
the 
promulgation 
of the 
implementing rules and regulations of this Act, pertinent existing laws, 
regulations, programs and projects on hazardous and radioactive wastes 
management shall be enforced; Provided, That for specific undertaking, the 
same may be revised in the interim in accordance with the intentions of this Act.
Sec. 65. Report to Congress. -  The Department shall report to Congress 
not later than March 30 of every year following the approval of this Act, detailed 
account of its accomplishments and progress on hazardous and radioactive 
wastes management during the year and make the necessary recommendations 
in areas where there is a need for legislative action.
Sec. 66. Separability Clause. -  If any provision of this Act or the 
application of such provision to any person or circumstance is declared 
unconstitutional, the remainder of this Act or the application of such provision to 
other persons of circumstances shall not be affected by such declaration.
Sec. 67. Repealing Clause. -  Republic Act No. 6969, Executive Order No. 
192, Republic Act No. 9003, Republic Act No. 7160 and Republic Act No. 2067, as 
amended, are partly modified. All laws, decrees, issuances, rules and regulations 
or parts thereof inconsistent with the provisions of this Act are hereby repealed 
or modified accordingly.
Sec. 68. Effectivity. -  This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation.
Approved,
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