>

Republic of the Philippines
House of Representatives
Quezon City, Meiro Manila

Sixteenth Congress
First Regular Session

1059

HOUSE BILL NO.

Introduced by Honorable Neptali M. Gonzales II

EXPLANATORY NOTE

This bill seeks to provide for a comprehensive hazardous and
radioactive waste management, providing penalties for violations thereof,
and for other purposes.

It is the policy of the State to advance the protection of human health
and the environment from the potential risks of hazardous and radioactive
waste within the framework of sustainable development.

Towards this end there is a need for the establishment of a systematic
administration of activities which will provide for the identification, listing,
collection, segregation, storage, transport, recovery, reuse, processing,
reprocessing, treatment and disposal of hazardous and radioactive waste.

Records show that hazardous substances discarded from our
commercial and industrial establishments cause serious illnesses and pose
danger to human lives and the environment.

To combat this prevailing problem, there is a need to develop and
implement a comprehensive hazardous and radioactive waste management
program. Hence, the approval of this bill is earnestly recommended.

NEPTALI M. ZALES IL


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

Sixteenth Congress

First Regular Session

1059

HOUSE BILL NO.

Introduced by Honorable Neptali M. Gonzales IL

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 of Representatives of the
Philippines in Congress assembled:

CHAPTER |
GENERAL PROVISIONS
SECTION 1. Title. - This Act shall be known as the “Philippine

Hazardous and Radioactive Wastes Management Act of 2013”.

SEC. 2. Declaration of Policy. - 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:


10

uw

12

13

4

15

16

7

18

19

20

i

22

23

(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:

(1) Improve waste 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;

(a) Promote a national research and development program for
improved hazardous and radioactive wastes management and resource

conservation techniques;


10

coy

12

13

4

15

16

wv

18

19

20

21

22

23

24

(e) Formulate and enforce a system of accountability for generators,
including the promotion of extended producer responsibility, product
stewardship and responsible care program;

() Promote international environmental standards on waste
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.

SEC. 3. Coverage of this Act. - This Act shall apply to the
generation, possession, collection, recovery, reuse, storage, transport,
treatment and disposal of hazardous and radioactive wastes in the country
for whatever purposes: Provided, That this Act shall cover the entry, even in

transit, into Philippine territorial limits of such wastes.

SEC. 4. Definition of Terms. - As used in this Act:

(a) Abandoned underground mines shall refer to worked out mineral
mines with deep shafts extending to about one to two thousand feet below
the ground surface,

(b) Best Available Techniques (BAT) shall refer to any technology that
shall take into consideration the costs and benefits of a measure as well as
the precaution and prevention such as, but not limited to:

(1) The nature, effects and mass of releases concerned;
(2) The consumption and use of raw materials in the process

and its energy efficiency;


10

1

12

13

14

1s

16

wv

18

19

20

2

22

23

24

(3) The need to prevent or reduce to a minimum the overall
impact of releases to the environment; and
(4) The need to ensure occupational health and safety at the

workplaces.

(c) Best Environmental Practices (BEP) shall refer to practices that are
generally accepted as “environmentally friendly”, taking into consideration
the nature, traditions and culture of the locality. For this purpose,
technological advances and changes in scientific knowledge and
understanding shall likewise be considered in determining acceptable
practices in preserving the environment.

(a) Borehole facilities shall refer to those that entail the emplacement
of solid radioactive waste in an engineered facility of relatively narrow
diameter, bored and operated directly from the surface. These cover a range
of design concepts with depths ranging from a few meters up to several
hundred meters and its diameters can vary from a few tens of centimeters
up to more than one meter.

(c) Carcinogen shall refer to any substance that can cause or
contribute to the incidence of cancer.

( Collection shall refer to the act of removing hazardous waste from
the source or from a storage point.

(g) Construction shall refer to the erection or building of new
structures.

(h) Contaminated site shall refer to a place or spot where the soil

quality exceeds the soil standards set pursuant to Section 17 hereof.


10

ct

12

13

14

15

16

v

18

19

20

a

22

23

24

25

(i) Corrective action shall refer to the steps taken to assess, prioritize
and 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.
() Corrosivity shall refer to a state where the waste has one 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; or
(2) It is liquid and corrodes steel (SAE 1020) at a rate greater
than 6.35 mm (0.250 inch) per year at a test temperature of 55°C

(130°F).

(k) Degradability shall refer to the ability of a compound to be reduced
to simpler forms through a breakdown of its structure.

()) Deep injection well shall refer to 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 shall refer to the Department of Environment and
Natural Resources (DENR);

() Disposal shall refer to the discharge, deposit, injection, dumping,
spilling, leaking or placing of any hazardous and radioactive 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.

(0) Generation shall refer to the act or process of producing hazardous

and radioactive wastes.


10

cry

2

13

4

15

16

7

18

19

20

a

22

23

24

25

(p) Generator shall refer to a person, natural or juridical, who
produces hazardous and radioactive wastes.

(q) Geological repository shall refer 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.

(t) Hazardous waste shall refer to a substance 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 waste management shall refer to 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 shall refer to waste originating from minor or
scattered sources (healthcare units) 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; and
production or testing of biologicals;

(u) Ignitability shall refer to the characteristic of hazardous wastes
that could cause a fire during transport, storage or disposal. Waste matter
exhibits the characteristics of ignitability if a sample thereof has any of the

following properties:


10

a

=)

13

14

15

16

Ww

18

19

20

21

22

23

24

25

(1) It is a liquid matter that has flash point less than 60°C
(140°R);

(2) It is not a liquid matter 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) tis an ignitable gas; or

(4) It is an oxidizer,

(¥) Injection zone shall refer to a geological formation, 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 shall refer to the
requirements or standards under existing international environmental
agreements to which the Philippines is a party.

(x) Landfill shall refer to a waste disposal site designed, 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 shall refer to the placement of hazardous and
radioactive wastes on the surface, near surface and at depths within the soil
column.

(2) Land treatment or land farming shall refer 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.

7


10

a

12

13

4

15

16

wv

18

19

20

21

2

23

24

25

(aa) Level 1 Hospital shall refer to an emergency hospital that
provides:

(1) Initial clinical care and management to patients requiring
immediate treatment, as well 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 services 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 shall refer to a non-departmentalized hospital
that provides:

(1) Clinical care and management on the 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 shall refer to a departmentalized hospital that

provides:


10

nn

2

3

14

15

16

7

18

19

20

24

22

23

24

25

(1) Clinical care and management on the prevalent diseases in
the locality as well as particular forms of treatment, surgical
procedure and intensive care;

(2) Clinical services provided in the Level 2 Hospital as well as
specialty clinical care;

(3) Appropriate administrative and ancillary services (tertiary
clinical laboratory, second level radiology, pharmacy); and

(4) Nursing care provided in the Level 2 Hospital as well as total

and intensive skilled care.

(dd) Level 4 Hospital shall refer 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 the prevalent diseases in
the locality as well as specialized and subspecialized forms of
treatment, surgical procedure and intensive care;

(2) Clinical services provided in the Level 3 Hospital as well as
subspecialty clinical care;

(3) Appropriate administrative and ancillary services (tertiary
clinical laboratory, third level radiology, pharmacy); and

(4) Nursing care provided in the Level 3 Hospital as well as

continuous and highly specialized critical care.

(ee) Manifest or consignment note shall refer 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.
9


10

a

2

13

14

15

16

a7

18

19

20

2

22

23

24

25

(ff) Military munitions shall refer 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).

(gg) Mined cavities shall refer to the emplacement of radioactive waste
at some depths inside mines or caverns which are either man-made or
natural.

(hh) Mutagens shall refer to any substances that can cause a change
in genetic material.

(ii) Near surface facilities shall refer to the disposal site of radioactive
waste 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 meters below the earth’s surface.

(i) On-site treatment facilities shall refer to 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.

(kk) Open burning shall refer 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 “siga”.

(i) Partial treatment shall refer to any process used to modify the

characteristics of a hazardous or radioactive waste without totally negating

10


10

1

12

13

14

15

16

wv

18

19

20

a

22

23

24

its hazardous characteristics. This may include volume reduction,
conditioning, moisture reduction and neutralization, among others.

(mm) Persistence shall refer to the substantial 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.

(an) Person(s) shall refer to any being, natural or juridical, susceptible
of rights and obligations, or of being the subject of legal relations.

(00) People’s organization (PO) shall refer to a nonprofit and nonstock
association of citizens in a locality embracing a common goal to protect the
environment and ultimately public health.

(pp) Radioactive wastes shall refer to materials that contain or are
contaminated with radionuclides at concentrations or activities greater than
clearance levels as established by the PNRI. These also refer to disused
sealed sources for which no use is foreseen.

(qq) Reactivity shall refer to the state of a waste, or a representative
sample of the waste, exhibiting any of the following 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;


10

avy

12

13

4

15

16

v7

18

19

20

a

22

23

24

(5) It is a cyanide- or sulfide-bearing waste which, when exposed
to pH conditions between 2 and 12.5, can generate toxic gases, vapors
or fumes in a quantity 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.

(tt) Resource recovery shall refer 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.

(ss) Recycle shall refer to the process of minimizing the generation of
waste by recovering usable products that might otherwise become waste.

(tt) Segregation shall refer to a waste 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 waste for
collection and disposal. ‘This also refers to separating radioactive wastes
according to level of activity, physical form and half-life.

(uu) Special hazardous wastes shall 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 its
hazardous content which may be released to the environment upon

indiscriminate disposal.

2


10

a

12

13

14

15

16

7

18

19

20

2a

22

23

6

radioactive wastes, either on a temporary basis or for a period of years,

) Storage shall refer to the containment of hazardous and

consistent with the guidelines as prescribed by the Department and in such
a manner as not to constitute disposal of such wastes.

(ww) Surface impoundments shall refer to pits, ponds, lagoons and
dike areas that are either natural topographic depression or man-made
excavations that are primarily of earthen materials. These 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.

(xx) Sustainable development shall refer to development which meets
the needs of the present without compromising the ability of future
generations to meet their own needs.

(yy) Special hazardous wastes collectors shall 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.

(zz) Technical demonstration shall refer 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 proving technological feasibility and cost

effectiveness.

3


10

1

12

13

14

15

16

7

18

19

20

2a

22

23

24

(aaa) Thermal treatment shall refer to the controlled heating which
involves a prescribed heating rate, maximum temperature and cooling cycle
to produce the property and grain structure required.

(bbb) Toxicity shall refer to the degree of danger posed by a substance
to human or animal due to its acute lethality, chronic and subchronic
toxicity, carcinogenicity, teratogenicity or mutagenicity, among others.

(ccc) Treatment shall refer to any method, technique or process
designed to change the physical, chemical or biological character or
composition of any hazardous and radioactive wastes so as to render such
waste nonhazardous, safer for transport, amenable for recovery, amenable
for storage or reduced in volume.

(ddd) Treatment, Storage and Disposal Facility (T'SDF) shall refer to a
site where a hazardous substance is treated, stored or disposed.

(cee) Waste acceptance criteria shall refer to a list of parameters which
describes the minimum characteristics which the waste should possess

before it may be placed or accepted in a TSDF.

CHAPTER II

MANAGEMENT SYSTEM.

SEC, 5. Identification and Listing of Hazardous Wastes. - Within
six (6) months from the effectivity of this Act, the Department shall, after
notice and public consultation, develop, formulate and publish criteria for
identifying and listing the characteristics of hazardous wastes, taking into
account, but not limited to, toxicity, persistence, reactivity and degradability

in nature, potential for accumulation in tissue and other related factors

4


10

fy

12

13

14

15

16

wv

18

19

20

2

22

23

24

such as ignitability, corrosivity and other hazardous characteristics. Such
criteria shall be reviewed and revised every four (4) yéars thereafter, or as
the need arises: Provided, That the Department, in coordination with the
DOH and the PNRI, shall also identify or list those hazardous and
radioactive wastes that contain certain constituents such as identified
carcinogens, mutagens or teratogens that endanger human health:
Provided, further, That the Department, in coordination with the DND
and appropriate government agencies, shall formulate criteria for identifying
when military munitions become hazardous and radioactive wastes. For
purposes of this Act, the term “military munitions” includes chemical and
conventional munitions: Provided, finally, ‘That within six (6) months from
the effectivity of this Act, the Department, in coordination with the
Department of Trade and Industry (DTI) and the Department of the Interior
and Local Government (DILG), after public consultation, shall formulate
criteria for identifying and listing the categories of special hazardous waste
products to be tracked and regulated, taking into account, but not limited

to, the presence of toxicity, reactivity, ignitability and corrosivity.

SEC. 6. Notification of Hazardous and Radioactive Waste
Activity. - Upon the effectivity of this Act, any person generating or
managing hazardous or radioactive waste is required to notify in writing the
Department, the DOH and the PNRI of their hazardous or radioactive waste
activities specifying, among others, the types of waste, quantities and
containers used for storage, including incidents involving hazardous and

radioactive wastes.


10

a

12

13

14

15

16

wv

18

19

20

aa

22

23

24

25

SEC. 7. National Hazardous and Radioactive Wastes Status
Report. — The Department, in coordination with the DOH, the PNRI and
other concerned agencies, shall, within six (6) months after the formulation
of the criteria for identifying and listing of hazardous and radioactive wastes
pursuant to Section 6 hereof, prepare a National Hazardous and Radioactive
Wastes Management Status Report which shall be used as a basis in
formulating the National Hazardous and Radioactive Wastes Management
Framework as provided in Section 8 of this Act. The said report shall
include, but not limited to, the following:

(a) Inventory of existing hazardous and radioactive wastes and their
depots and facilities;

(b) General waste characterization, taking into account, but not
limited to, the source, type and quantity of hazardous and radioactive
wastes generated;

(c] Projection of hazardous and radioactive wastes generation
including quantity for reduction, recovery and reuse;

(d) Listing of TSDFs including transporters of hazardous and
radioactive wastes; and

(e) Listing of identified contaminated sites.

SEC. 8. National Hazardous and Radioactive Wastes
Management Framework, - Within eighteen (18) months from the
effectivity of this Act, the Department, in coordination with the DOH, the
PNRI and other appropriate agencies and entities, shall prepare and
formulate a National Hazardous and Radioactive Wastes Management

Framework, herein referred to as the “Framework”, that shall embody

16


10

a

2

3

14

15

16

v7

18

19

20

21

22

23

24

policies established pursuant to this Act. Specifically, the Framework shall
contain the following:

(a) Hazardous and radioactive wastes control strategies and
techniques;

(b) Proper hazardous and radioactive wastes transport, treatment,
storage and disposal systems;

(c) Waste reduction goals and targets;

(a) Period of compliance for waste reduction;

(c) Information and education campaign;

() 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 of Best Available Technology and Best Environmental
Practices in Hazardous and Radioactive Wastes Management. -
Generators and owners of TSDFs 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 (IATAC) 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


10

a

12

13

14

15

16

v

18

19

20

2a

22

23

24

25

ignitability as to present the least possible risk to human health and safety

and to the environment.

SEC. 10. Requirements for Generators of 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 wastes. Further, such requirements shall include, but not
limited to, the following:

(a) Recordkeeping practices that accurately identify the quantities of
such hazardous and radioactive wastes generated, the constituent thereof
which are significant in quantity or in potential harm to human health or
the environment, and the disposition of such wastes;

(b) Use of appropriate storage facilities and containers to prevent the
release of materials to the environment;

(c) Labeling practices for any containers used for the storage,
transport or disposal of such hazardous and radioactive wastes that will
identify accurately such wastes;

(a) Use of a manifest or consignment note system and any other
means necessary to assure that all hazardous and radioactive wastes
generated are designated and/or recorded for treatment, storage or disposal
in TSDFs with appropriate permit issued pursuant to this Act. The manifest

shall also record transportation details of said wastes;

18


10

a

12

13

14

15

16

wv

18

19

20

a

22

23

24

(ec) Emergency and contingency plans for effective action to minimize
damage and contain and mitigate effects of spills and accidents in
connection with the generation, transport, storage or disposal of such
wastes;

() When it is necessary to transport the wastes, the generators shall
only engage the services of transporters and TSDFs holding permits issued
pursuant to this Act; and

(g) The waste generator of radioactive wastes shall submit a certificate
of transport from its Radiological Health and Safety Officer (RHSO) for the

transport of radioactive wastes to the treatment facility.

SEC. 11. Requirements Applicable to Transporters of Hazardous
and Radioactive Wastes. - Within six (6) months after the effectivity of
this Act, the Department, in coordination with the DOH, the PNRI and the
Department of Transportation and Communications (DOTO), shall establish
requirements applicable to transporters of hazardous and radioactive wastes
necessary to protect human health and the environment. Such
requirements shall include, but not limited to, the following:

(a) Recordkeeping of such wastes transported, and their source and
delivery points;

(b) Use of carriers duly registered with the DOTC;

(c) Transport of wastes only if properly labeled;

(d) Transport of wastes only to TSDF which the generator designates
in the manifest form to be a facility holding the appropriate permit issued

pursuant to this Act;


10

1

12

cE

14

1s

16

wv

18

19

20

aa

22

23

24

25

(e) Emergency and contingency plans for effective action to minimize
the damage and contain and mitigate effects of spills and accidents in
connection with the transport of such wastes; and

() Coordination with other concerned government agencies in the
event that the transport of such hazardous and radioactive wastes to

designated TSDFs requires security escort or police protection/assistance.

SEC. 12. Requirements Applicable to Owners of Hazardous and
Radioactive Wastes Treatment, Storage and Disposal Facilities. -
Within six (6) months after the effectivity of this Act, the Department, in
coordination with the DOH and the PNRI, shall establish requirements
applicable to owners of TSDFs of hazardous and radioactive wastes
necessary to protect human health and the environment: Provided, That the
Department, the DOH and the PNRI shall, where applicable, distinguish
requirements appropriate for new and existing facilities at the time of the
effectivity of this Act. Such requirements shall include, but not limited to,
the following:

(a) Performance standard for the design, construction, operation,
maintenance and monitoring of the facility;

(b) Requirements and standards to ensure adequate resources,
including human and financial, throughout the life cycle of the facility;

(c) Requirements and standards for the closure, decommissioning and
post-closure care, monitoring and maintenance and use of the facility;

(a) Waste acceptance requirements and procedures, approved by the
Department, the DOH and the PNRI, for different types of hazardous and

radioactive wastes packages; and

20


10

a

2

13

14

15

16

7

18

19

20

21

22

23

24

25

(c) Management, engineering controls and use of personnel protective
equipment to minimize the exposure of workers to the hazardous wastes
and medical surveillance of workers directly involved in the collection,

transport, storage or disposal of hazardous wastes.

SEC. 13. Categories of TSDFs for Hazardous and Radioactive
Wastes, - Within six (6) months after the effectivity of this Act, the
Department shall formulate specific, relevant and appropriate standards,
including waste acceptance criteria, for the various categories of TSDFs
identified hereunder: Provided, That no waste shall be accepted unless it
complies with the waste acceptance criteria formulated pursuant to this Act:
Provided, further, That the Department shall revise, as the need arises, the
regulations, standards and guidelines applicable to the categories listed
hereunder, taking into account the improvements in the technology of
control and measurement: Provided, finally, That such regulations shall
specify criteria for the acceptable location of new and existing TSDFs as
necessary to protect human health and the environment. The categories of
TSDFs are as follows:

(a) Facilities that conduct on-site storage, treatment and disposal of
hazardous wastes generated or produced at the premises through industrial
or commercial processes and activities other than disposal via sewer.

The Department shall encourage on-site treatment of hazardous

wastes by, among other things, 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;
21


10

ut

12

B

4

15

16

7

18

19

20

2

22

23

24

25

(b) Commercial or industrial hazardous waste thermal treatment
facilities.

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 materials: 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 sufficient destruction and
removal efficiency such that the protection of human health and the
environment is assured;

(c) Landfills that accept hazardous wastes for disposal.

The Department shall, after due review and public consultation,
promulgate regulations concerning the prohibition of specified hazardous
wastes in landfills: Provided, That the placement of such specified
hazardous wastes in landfills may be allowed upon determination by the
Department that the prohibition for disposal of such wastes in landfills is

not required in order to protect human health and the environment for as

2


10

a

12

13

14

1s

16

7

18

19

20

21

22

23

24

25

long as the wastes remain hazardous, taking into account the following
factors:

(1) The long-term uncertainties 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 bioaccumulate

of such hazardous wastes and their hazardous constituents.

For this purpose, the 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, are prohibited,
unless the Department determines the prohibition of the disposal of such
wastes is not required in order to protect human health and the
environment for as long as the wastes remain 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 consultations,
all hazardous wastes listed pursuant to this Act other than those wastes
which are referred to in paragraph 3 of this category or deep injection wells.
Within twelve (12) months thereafter, the Department, when necessary,

shall promulgate regulations prohibiting disposal in landfills of such

23


10

1

12

13

14

15

16

Ww

18

19

20

21

22

23

24

25

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;

(a) Facilities that recycle or reprocess hazardous wastes which are not
generated or produced at the premises.

‘The Department, in coordination with the Department of Science and
Technology (DOST), shall promulgate standards for this category of TSDFs.
Facilities in this category are those that receive off-site treatment of
hazardous wastes and recover valuable materials from hazardous wastes,
use hazardous wastes as input materials or fuel for production, or produce
compost by biological treatment of hazardous wastes. It also includes, but
not limited to, reclaimers of spent lead-acid batteries, precious metals and
oil recyclers;

(c) 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 hazardous wastes by physicochemical or thermal
treatment other than incineration in order to dispose of them into landfills;

() 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 the proper

24


10

cE

12

3

14

1s

16

wv

18

19

20

a1

22

23

24

recovery, treatment or disposal but shall not be longer than what is
prescribed by the Department; and

(g) 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 a TSDF 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 of Facility. - ‘The owner of a TSDF must
close the facility upon the termination of its operation and shall, after such
closure, provide for its 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 not limited to, monitoring, repair and
maintenance, The owner shall maintain a hazardous waste facility permit

for the post-closure care period pursuant to Chapter VII hereof.

SEC. 16. Environmental Impact Statement (EIS) 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.

25


10

wu

12

13

14

15

16

wv

18

19

20

24

22

23

24

SEC. 17. Formulation of Soil Quality Standards for Identification
of 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.

SEC, 18. Registry of 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 actions to insure that the registry
provides a complete listing of all such sites, their exact locations and the
types of waste found at each site: Provided, further, That in developing and
maintaining 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, finally, 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. Import and Export of Hazardous and Radioactive Wastes.
~ In accordance with Section 2(c) hereof, the Department and the PNRI shall
promulgate the 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, Responsible Care and Product
Stewardship Program. - Within six (6) months from the effectivity of this

26


10

co

12

13

14

15

16

wv

18

19

20

2

22

23

24

Act, the Department shall, in coordination with the manufacturers of
commercial or industrial products, identify and implement market-based
instruments, extended producer responsibility, responsible care and
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 III

RADIOACTIVE WASTES

SEC. 21. Listing of Radioactive Wastes. - Within six (6) months
from the effectivity of this Act, the DOST and the 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. Classification of Radioactive Wastes. - The PNRI shall
establish the waste classification system based on internationally acceptable
guidelines, The classification system shall be based primarily on the safety
aspects of radioactive waste disposal: Provided, That other stages of

radioactive waste management may also be developed by the PNRI.

SEC, 23. Management of Radioactive Wastes, - Pursuant to
Sections 10, 11 and 12 hereof, the PNRI shall promulgate the rules and
regulations on radioactive wastes management. The 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 measures to be undertaken. The measures shall be
27


10

cE

2

13

14

15

16

7

18

19

20

2

2

both technically and economically feasible: Provided, That said rules and
regulations may be based on, but not limited to, the following methods of

managing radioactive waste:

(a) Dilute and Disperse. ~ Radioactive waste with activity level that can
be disposed of as ordinary waste into the sewage and municipal landfills,

among other areas;

(b) Delay and Decay. ~ Storage of short-lived radionuclides under well-
controlled conditions until the radioactivity has decayed to a level which

meets the established exemption or clearance limits for such waste; and

(c] Characterization, Segregation, Treatment, Conditioning, Transport,
Storage and Disposal. ~ Management of radioactive waste containing long-
lived radionuclides, including disused sealed sources, and other wastes

that cannot be managed under subsections (a) and (b) of this section.

The acceptable storage period for conditioned wastes prior to the
establishment of a final disposal repository shall be for a maximum period of

fifty (50) years.

SEC. 24. Guidelines for the Acceptance of Radioactive Wastes by
Transporters and TSDFs, - Within six (6) months after the effectivity of
this Act, the PNRI shall formulate specific, relevant and appropriate waste
acceptance criteria for transporters and TSDFs of radioactive wastes:
Provided, That no radioactive waste shall be accepted unless it complies

with the waste acceptance criteria formulated pursuant hereof.

28


10

1

12

13

14

15

16

7

18

19

20

21

22

23

SEC. 25. Site Requirements and Selection Criteria. - The PNRI shall
develop and promulgate the generic site requirements for locating a final

repository for radioactive wastes.

SEC, 26. Safety Assessment and Environmental Impact
Assessment. - The PNRI shall develop and promulgate the criteria and
regulations on the performance requirements and safety assessment of
TSDFs: Provided, That the safety assessment shall, among others, address
both radiological and nonradiological risks: Provided, further, That
nonradiological environmental impact assessment shall be carried out in

accordance with relevant environmental laws.

SEC. 27. Emergency Preparedness. - The PNRI shall promulgate the
requirements and guidelines on the formulation of emergency plans
commensurate to the seriousness of the accidents that could occur at the

TSDFs.

SEC. 28. Security. - The PNRI shall promulgate the guidelines on
security arrangements to be put in place to ensure that radioactive waste is
not accidentally or deliberately removed from its proper 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 is lost.

CHAPTER IV

HAZARDOUS HEALTHCARE WASTES

SEC. 29. Listing of Hazardous Healthcare Wastes. - Within six (6)

months from the effectivity of this Act, the DOH, in coordination with the

29


10

uu

12

23

14

15

16

wv

18

19

20

a

22

Department and the DILG, after public consultation, shall formulate the
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 limited to, the presence of infectious

agents, toxicity, reactivity, ignitability and corrosivity.

SEC. 30. Management of Hazardous Healthcare Wastes in
Hospitals and Other Healthcare Facilities. - Pursuant to Sections 10,
11 and 12 hereof, the DOH shall promulgate the rules and regulations on
the effective management of hazardous healthcare wastes in hospitals and
other healthcare facilities. The rules and regulations shall include, but not

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;

(d) Labeling of receptacle per waste category shall likewise be
implemented for identification of waste and management measures in case

of accidents;

(ce) All hazardous healthcare wastes shall be collected and stored in

designated on-site storage areas until transported to a TSDF;

30


10

a

12

13

4

15

16

7

18

19

20

a

22

() 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 to manage hazardous healthcare wastes on-site may also treat for a
fee the hazardous healthcare wastes generated by other healthcare facilities:
Provided, That in the 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 DENR. The 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 waste 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
waste 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

SEC. 31. Collection of Special Hazardous Wastes. - The local

31


10

ul

12

13

14

15

16

v7

18

19

20

2a

22

23

24

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 not 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 of Special
Hazardous Wastes, - Upon collection of special hazardous wastes by the
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 VI
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 (PEZA) 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;

32


10

un

12

13

4

15

16

v7

18

19

20

21

22

23

ey)

25

(b) Prepare a National Hazardous and Radioactive Wastes Management
Framework;

(c) Develop and promulgate criteria for identifying and listing the
characteristics of hazardous and radioactive wastes;

(a) Establish, enforce, review and revise standards for generators of
hazardous and radioactive wastes;

(c) Establish, enforce, review and revise standards for transporters of
hazardous and radioactive wastes;

( 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 applications 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;

() 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;

33


10

a

12

13

4

15

16

7

18

19

20

a

22

23

24

25

(I) 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;

{m) Secure necessary scientific, technical, including laboratory facilities,
by contract or otherwise;

(n) Encourage, coordinate, participate in or conduct studies,
investigations, research and technical demonstrations relating to hazardous
and radioactive wastes management as it may deem advisable and
necessary for the discharge of its duties pursuant to this Act;

(0) Encourage waste reduction, resource recovery, exchange and energy
conservation in hazardous and radioactive wastes management;

(p) Oversee any corrective action work undertaken pursuant to the rules
and regulations issued in accordance with this Act;

(q) Formulate and undertake the appropriate protocol with other
concerned agencies for immediate coordinated responses to hazardous and
radioactive wastes-related emergency incidents;

(2) Issue order against any person or entity and impose fines, penalties
and other administrative sanctions to compel compliance with the
provisions hereof, standards, rules and regulations issued pursuant to this
Act; and

(s) Exercise such powers and perform such other functions as may be

necessary to carry out the objectives of this Act.

SEC. 35. Role of the DOH. - The DOH shall be primarily responsible

in performing the following duties and responsibilities:

34


10

rt

12

13

14

15

16

v7

18

19

20

a1

22

23

24

(a) Develop, promulgate and publish criteria in identifying and listing
the categories of hazardous healthcare wastes to be monitored and
regulated;

(b) Develop and promulgate the rules and regulations on the effective
management of hazardous healthcare wastes in hospitals and other
healthcare facilities; and

(c) Exercise such powers and perform such other functions as may be

necessary to carry out the provisions of this Act.

SEC. 36. Role of the PNRI. ~ The PNRI shall be primarily responsible
in performing the following duties and responsibilities:

(a) Develop and promulgate regulations establishing a program for the
monitoring of the radioactive wastes listed pursuant to this Act;

(b) Develop, promulgate and publish the criteria for identifying and
listing the types of radioactive wastes to be monitored and regulated;

(c) Develop and promulgate the rules and regulations on the radioactive
waste management pursuant to Section 23 hereof;

(d) Formulate specific, relevant and appropriate waste acceptance
criteria for transporters and TSDFs of radioactive wastes pursuant to
Section 24 hereof;

(e) Exercise jurisdiction over all aspects of generation, possession,
collection, recovery, transport, entry, even in transit, into Philippine
territory, treatment, storage and disposal of radioactive wastes; and

(f)| Exercise such powers and perform such other functions as may be

necessary to carry out the provisions of this Act.

35


10

ua

12

13

14

15

16

7

18

19

20

a

22

23

24

25

SEC. 37. Role of the LGUs. -'The LGUs shall have the following duties

and responsibilities

(a) Share the responsibility for the implementation, enforcement and
monitoring of the provisions of this Act within their territorial jurisdiction
such as the registration and compliance monitoring of generators,
transports and TSDFs;

(b) Prepare a compliance scheme in accordance with their special
hazardous waste management program;

(c) Segregation and collection of special hazardous wastes;

(d) Emergency preparedness and response;

(c) Participate in all efforts concerning hazardous and radioactive
wastes management; and

() Enact appropriate ordinances to implement the LGUs’ role in this

Act.

SEC. 38. Inter-Agency Technical Advisory Council (IATAC). —
For purposes of policy integration and harmonization and coordination of
functions, there is hereby created an inter-agency technical advisory council

(IATAC) attached to the Department which shall be composed of the

following officials or their duly authorized representatives:

{a) Secretary of Environment and Natural Resources, as Chairperson;
(b) Secretary of Health, as Co-chairperson;

(c) Secretary of Science and Technology, as Co-chairperson;

(a) Secretary of Agriculture, as member;

(c) Secretary of Finance;

() Secretary of Trade and Industry;

36


10

nu

12

23

4

4s

16

v

18

19

20

a

22

23

24

25

(g) Secretary of National Defense;

(h) Secretary of Foreign Affairs;

(i) Secretary of Transportation and Communications;
(i) League of Cities;

(k) League of Municipalities;

(1) League of Province!

(m) League of Barangays;

(n) Director General of the Philippine Export Zone Authority;

(0) Representative from civil society organizations;

(p) Representative from the industry;

(q) Representative from the TSDF operators; and

(r) Representative from the academe.

The IATAC shall have the following functions, among others:

(1) Develop and promulgate the criteria in assessing the proposed
BAT/BEP to be used in accordance with Section 9 hereof; and

(2) Constitute and authorize a multidisciplinary body to conduct an
annual audit to determine the compliance of TSDF operators with the terms
and conditions in the permits and licenses issued pursuant to this Act.

Representatives of civil society organizations, the academe, TSDF
operators and the industry shall be nominated through a process designed
by the IATAC and shall be appointed by the President for a term of three (3)

years,

SEC. 39. The IATAC Technical Working Group. - The IATAC

shall be supported by a technical working group (TWG) which shall be
composed of representatives from the following:

37


10

cry

2

13

14

15

16

v

18

19

20

aa

22

23

24

25

(a) Environmental Management Bureau (EMB) of the Department;
(b) Environmental and Occupational Health Office of the DOH;
(c) PNRI of the DOST;

(a) Industrial Technology Development Institute of the DOS’

(e) Bureau of Health Facilities and Services of the DOH;

() 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;

() Board of Investments of the DTI;

(k) Bureau of Import Services of the DT;

() DND;

(m) Land Transportation Office (LTO) of the DOTC;

(n] Occupational Health and Safety Center of the Department of Labor
and Employment (DOLE);

(0) Philippine Coast Guard;

(p) civil society organizations;

(q) industry; and

(r) academe.

‘The TWG shall provide technical support to the IATAC. Representatives
of civil society organizations, the industry and the academe shall be

nominated through a process designed by the IATAC.

SEC, 40. Linkage Mechanism. - The Department and its concerned

agencies may coordinate and enter into agreement with other government

38


10

un

2

13

14

15

16

v7

18

19

20

a

22

23

24

agencies, civil society, industrial sector and other concerned sectors in the
furtherance of the policies of this Act: Provided, That the Department shall
coordinate with the DILG and the Philippine National Police (PNP) in the
enforcement of the requirements for transporters issued pursuant to this
Act.

SEC. 41, Visitorial Powers. - The Department, the PNRI and the DOH
or their duly authorized representatives shall have access to, and the right
to copy therefrom, the records required to be maintained pursuant to the
provisions of this Act. The Secretary of the Department and the DOH and
the Director of the PNRI or their authorized representatives shall likewise
have the right to enter the premises of any generator, transporter or TSDF
any time to question any employee or investigate any fact, condition or
matter which may be necessary to determine any violation, or which may aid
in the effective enforcement of this Act and its implementing rules and

regulations. This section shall not apply to private dwelling places unless

the visitorial power is otherwise judicially authorized.

CHAPTER VII
PERMITS AND FEES
SEC. 42. Permits for Treatment, Storage or Disposal of Hazardous
and Radioactive Wastes. - (a) Any person owning an existing or a new
TSDF of hazardous or radioactive wastes identified or listed pursuant to this
Act is required to secure a permit or license pursuant to this section. The
Department and the PNRI shall prescribe reasonable fees for the issuance of

the said permit or license,

39


10

cu

12

13

14

15

16

ov

18

19

20

a1

22

23

24

28

(b) Duration of Permit. ~ Any permit under this section shall be issued
annually during the first three (3) years of operation as a TSDF. Thereafter,
the Department and the PNRI may issue a permit or license which is valid
for five (5) years to a TSDF which has satisfactorily complied with the rules
and regulations issued pursuant to this Act for the first three (3) years of
operation: Provided, ‘That an annual audit shall be conducted by a
multidisciplinary body constituted and authorized by the IATAC 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. - A permit to operate a TSDF issued prior to this
Act shall be valid and in force for a period of twelve (12) months after the
effectivity of this Act: Provided, That the required application for the TSDF
permit or license shall have been filed within the said twelve (12)-month
period: Provided, further, That this paragraph shall not apply to any facility
which has been previously denied a TSDF permit or license or if the

authority to operate the facility has been previously terminated.

SEC. 43, Hazardous and Radioactive Waste Transporter License. ~
(a) Any person transporting any hazardous and radioactive waste is required
to secure a waste transporter license from the Department, subject to

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.
40


10

a

12

13

14

15

16

v7

18

19

20

21

22

23

24

25

(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 premises 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
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 requiring that it be adequate

to provide protection for the health of humans and the environment.

SEC. 44. Hazardous Waste Disposal Fee. - All hazardous waste
disposal facilities shall collect, on behalf of the government, from each
hazardous waste generator or transporter disposing such waste at the
disposal site, a fee that shall accrue to the hazardous waste management

fund. The fee shall be established by the Department, taking into

consideration the following:

{a) Strong economic inducement for generators to modify their
production or management processes;

(b) Cost of administering hazardous and radioactive wastes
management;

(

Cost of damages caused by hazardous and radioactive wastes on the

surrounding environment, including that of rehabilitation;

al


10

at

12

13

14

15

16

wv

18

19

20

21

22

23

24

(d) Category of waste; and
(e) Classification of waste.
The fee, which shall be established after due public consultation, shall

be based on the quantity of waste disposed

CHAPTER VIII
FINANCING HAZARDOUS WASTES MANAGEMENT
SEC. 45, Financial Liability for Environmental Rehabilitation. ~
‘The Department shall require generators and owners of TSDFs to put up an
Environmental Guarantee Fund (GF) as part of the Environmental
Management Plan attached to the Environmental Compliance Certificate
(ECC) pursuant to 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 the
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.

42


10

1

2

13

ey

15

16

wv

18

19

20

aa

22

23

24

SEC. 46. Performance Bond. - Prior to the issuance of the required
permit to operate, the Department shall require transporters, owners of
treatment/storage facilities to post performance bonds. The performance
bond shall be forfeited in the event of abandonment of sites and/or
nonperformance 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
nongovernment organizations (NGOs) that have undertaken outstanding and
innovative projects, technologies, processes and techniques or activities in
hazardous and radioactive wastes management. The rewards shall be
sourced from the Hazardous and Radioactive Wastes Management Fund

herein created.

SEC. 48, Incentives Scheme. - An incentive scheme is hereby
provided for the purpose of encouraging enterprises, private entities, LGUs
and NGOs to develop or undertake an effective hazardous and radioactive
wastes management, or actively participate in any program geared towards

the promotion thereof, consistent with the objectives of this Act.

(a) Tax and Duty Exemption on Imported Capital Equipment. - Within
five (5) years upon the effectivity of this Act, registered enterprises, LGUs

4B


10

uu

12

13

14

16

vw

18

19

20

a

22

23

24

25

and NGOs shall enjoy tax- and duty-free importation of machinery,
equipment, technology, vehicles and spare parts used for transport,
processing, storage and treatment of hazardous and radioactive wastes
including cleaner production and waste minimization technologies: Provided,
That the importation of such machinery, equipment, technology and spare

parts shall comply with the following conditions:

(1) These are not manufactured domestically in sufficient quantity,
of comparable quality and at reasonable prices;

(2) ‘These are reasonably needed and will be used actually, directly
and exclusively for the abovementioned activities; and

(3) The approval of the Board of Investments (BO!) of the DTI for
the importation of such machinery, equipment, technology and spare
parts: Provided, further, That the sale, transfer or disposition of such
machinery, equipment, technology, vehicles and spare parts, without
prior approval of the BOI, within five (5) years from the date of
acquisition shall be prohibited; otherwise, the registered enterprise,
LGU or NGO concerned and the buyer, transferee or assignee shall be

solidarily liable to pay twice the amount of tax and duty exemption

given it.

(b) Exemption from Value-Added Tax (VAT) on the Sale of Domestic
Capital Equipment. - Within five (5) years from the effectivity of this Act,
the sale of domestic capital equipment, including its spare parts to
registered enterprises, LGUs and NGOs to be used for the processing,
storage and treatment of hazardous and radioactive wastes, shall be

exempted from the VAT imposed under the National Internal Revenue Code
44


10

a

12

13

14

45

16

a7

18

19

20

21

2

23

24

25

of 1997, as amended: Provided, That the said incentive shall be subject to
the same conditions and prohibitions 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, LGUs and NGOs, for the support and maintenance of the
program for effective hazardous and radioactive wastes management, shall
be exempt from the donor's tax and such amount of donation 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 Land Bank 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 extending
financial services to individuals, enterprises or private entities engaged in
hazardous, radioactive, medical and special hazardous wastes management.

(c) Extension of Grants to LGUs. ~ Cities or municipalities whose
special hazardous wastes management programs have been duly accredited
by the Department or have adopted innovative waste management programs
may be entitled to receive grants for the purpose of developing their
technical capacities toward actively participating in the program for effective
and sustainable waste management.

() Tax Exemption on Hazardous Wastes Generated Within PEZA Areas,

Freeports and Other Special Ecozones. - Hazardous waste materials

4s


10

a

2

2B

14

15

16

v7

18

19

20

generated within PEZA areas, freeports and other special ecozones shall be
allowed to be brought to the Philippine customs territory for the sole
intention of recycling and/or treatment and shall be exempted from the
payment of any tax due on said hazardous wastes: Provided, That said
recyclable hazardous waste materials are identified and listed in accordance

with Section 5 of this Act.

CHAPTER X

CIVIL LIABILITY AND PENAL PROVISIONS

SEC. 49, Generator’s Liability. - The generator is primarily
responsible for the management of hazardous and radioactive wastes until
said wastes have been certified as properly treated or disposed by duly
accredited TSDFs: Provided, That for wastes that are exported outside of the
country and treated and disposed in accordance with international
agreements, the TSDFs in the country of destination shall issue the
certificate of treatment and disposal. All other environmental service
providers involved in the transport, treatment, storage and disposal of said
wastes shall be jointly and severally liable with the generator in the event of
any adverse environmental impacts due to the improper management of the

wastes.

SEC. 50. Prohibited Acts. - The following acts are prohibited:

46


10

a

12

13

4

15

16

7

18

19

20

a1

22

23

24

(a) Discarding, throwing or dumping of hazardous or radioactive wastes
listed pursuant to this Act in public places such as roads, sidewalks, canals,
esteros, parks, establishments and municipal solid waste facilities, or
causing or permitting the same;

(b) Undertaking activiti

8 involving the collection or transport of
hazardous or radioactive wastes in violation of the standards and other
requirements or permits set forth in this Act;

{c) Causing or permitting the collection of nonsegregated or unsorted
hazardous waste;

(d) Operating TSDFs without permits issued pursuant to this Act;

(ce) Transporting hazardous or radioactive wastes without the required
permit or license pursuant to this Act;

() The mixing of source-separated recyclable material with other
hazardous waste in any vehicle, box, container or receptacle used in
hazardous or radioactive waste collection or disposal;

(g) Disposal of hazardous or radioactive wastes in open and controlled
dumps as enjoined in this Act, or causing and permitting the same;

(h) Establishment and operation of open and controlled dumps for

hazardous or radioactive wastes;

(i) Transporting and dumping of collected hazardous or radioactive

wastes in areas other than facilities prescribed under this Act;
() Open burning of hazardous or radioactive wastes;
(k) Transporting any hazardous or radioactive wastes to a TSDF which

is not authorized to receive such wastes pursuant to this Act;

47


10

a

2

13

14

15

16

wv

18

19

20

2a

22

23

24

() Treating, storing or disposing of any hazardous or radioactive waste
without permit or license to do so pursuant hereof, or in knowing violation
of any material condition or requirement of such permit or license, or 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;

(0) 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 act or hazardous
waste management practice 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 waste activities pursuant to Section 6 hereof;

(r) Importing or causing or permitting the entry, even in transit, of any
hazardous or radioactive waste into Philippine territory in violation of the
provisions of this Act and its implementing rules and regulations and

relevant international agreements and protocols;

48


10

nu

12

13

14

15

16

7

18

19

20

21

2

23

(s) Constructing, substantially altering or operating, including all
post-closure activities and operations specified in the rules and 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 waste” shall include

special hazardous and healthcare waste.

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 of not less
than Ten thousand pesos (P10,000.00) but not more than One hundred

thousand pesos (P100,000.00) for every violatior

Provided, That. for
violation of Section 50 involving prohibited acts under paragraphs (a), (g),
(h), (i), (0), (p), (s) and (t), the fine shall be imposed for every day of violation.
For purposes of the application of the 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.

49


10

un

12

13

14

15

16

wv

18

19

20

aa

2

23

‘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.

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 Act
or its rules and regulations are undertaken, without prejudice to the
issuance of an ex parte order for such closure, suspension of development or
construction, or cessation of operations during the pendency of the case:
Provided, ‘That if the prohibited act undertaken shall require clean-up and
rehabilitation, the offender shall also be required to restore or compensate
for the restoration of the area. The PAB may also award such damages as it

may deem just under the circumstances in favor of the private complainant

in the case.

In case of gross violation of this Act, the PAB shall issue a resolution
recommending that the proper government agencies file criminal charges

against the violators. Gross violation shall mean any of the following:

(a) Deliberate disposal of hazardous or radioactive wastes without the

required permit issued pursuant to this Act;

(b) Three (3) or more violations of paragraphs (a), (4), (e), (g), (I), (I) and

(m) of Section 50 hereof within a period of two (2) years; or

(c) Blatant disregard of the orders of the PAB such as the nonpayment

of fines, breaking of seals or operation of the source of pollution despite the

50


10

cE

12

13

14

15

16

7

18

19

20

aa

22

23

existence of an order for closure, discontinuance or cessation of operation or
the unjustified refusal for the entry or access to any premises of an

authorized Department representative.

In these cases, the offender shall be punished a fine of not less than
One hundred thousand pesos (P100,000.00) but not more than Three
million pesos (P3,000,000.00) and/or with imprisonment of not less than.
three (3) years but not more than ten (10) years at the discretion of the
court. If the offender is a juridical person, the chief executive officer and the
pollution control officer or its equivalent shall suffer the penalty herein
provided: Provided, That the officers and incorporators of TSDFs who
violated the post-closure requirements issued pursuant to Section 15 hereof
shall be banned from setting up TSDFs and hazardous and radioactive

wastes 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 function 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 or the

Local Government Code and other existing laws, rules and regulations.

31


10

ce

12

13

14

15

16

WV

18

19

20

aa

22

23

24

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 instance 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 standards or limitations.

SEC. 54, Citizen Suit. - 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:

(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, or abuses his authority in the performance of his duty, or,
in any manner, improperly performs his duties under 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.

32


10

it

12

13

14

15

16

7

18

19

20

a

22

23

24

The court shall exempt such action from the payment of filing fees,
except fees for actions not capable of pecuniary estimations, and shall,
likewise, upon prima facie showing of the nonenforcement 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 shali accordingly dismiss

the action and award attorney's fees and damages.

SEC, 55. Suits and Strategic Legal Action Against Public
Participation (SLAPP) and the Enforcement of this Act. - Where a suit
is brought against a person who filed an action as provided 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 the 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
dismiss the case and award attorney's fees and double damages.

This provision shall also apply and benefit public officers 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 XI
MISCELLANEOUS PROVISIONS

33


10

a

12

13

14

15

16

v

18

19

20

21

22

23

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;

() 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 waste;

(c) The development and application of new and improved methods of
collecting, separating and disposing of hazardous and radioactive wastes,
and processing and recovering materials and energy from hazardous and

radioactive wastes;

54


10

nu

12

13

4

15

16

7

18

19

20

a

22

(f) Cleaner production technologies;

{g) Improvements in land disposal practices for hazardous and

radioactive wastes; and

(h) Development of new uses of recovered resources and identification of

existing or potential markets of recovered resources.

In carrying out hazardous and radioactive wastes 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
DOH and the PNRI, in coordination with the Department of Education
(DepED), the 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;

(a) Concentrate on activities which are feasible and which will have the
greatest impact on the hazardous and radioactive wastes management; and
(b) Encourage the general public, accredited NGOs and POs to publicly

endorse and patronize environment-friendly products.


10

a

12

13

14

15

16

7

18

19

20

2

22

23

SEC. 59, Environmental Education in the Formal and Nonformal
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 Role. - ‘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 innovative 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 radioactive wastes management

practices.

CHAPTER XII

FINAL PROVISIONS

SEC. 61, Appropriations. -— The Secretaries of the Department of
Environment and Natural Resources, the DOH and the DOST shall include
in their respective programs the implementation of this Act, the funding of

which shall be included in the annual General Appropriations Act.

56


10

avy

2

123

14

15

16

wv

18

19

20

2a

2

23

24

In addition, the Departments may accept donations, contributions,
grants, requests 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 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,
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 DOH and the PNRI 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

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

37


10

a

12

3

14

15

16

7

18

19

20

a

22

23

24

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.

SEC, 64, Transitory Provision. — 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 undertakings,

these 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, giving a 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 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 or 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.
58


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,