FOURTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
Third
Regular Session
)
)
)
SENATE
S.NG. :H22
! :
Introduced by Senator Antonio "Sotiny" F. Trillanes IV
Explanatory Note .
Republic Act 6969, also known as the Toxic Substances and Hazardous and Nuclear Wastes
Control Act of 1990, has been inadequate to meet the many concerns pertaining to the
management of hazardous and nuclear wastes in'the country. The law merely provides that it
prohibits the entry, even in transit of hazardous and nuclear waste into our territory. Moreover,
Republic Act 9003 otherwise known as the Solid W"!ste Management Act does not, cover
medical waste, which, almost often than not, an: hazardous to health. Hence, many cases
involving hazardous wastes are not properly resolved since enforcement is also hampered.
,
Thus, this bill seeks to address the problems created by hazardous healthcare and radioactive
wastes through the enactment of the Hazardous and Radioactive Waste Management Act.
It is
imperative therefore that this type of waste be properly treated before it is released in the
environment in order to prevent the spread of diseases and its catastrophic effect. Furthermore,
this bill aims to provide a guideline for the proper ha.."tldling, treatment and tracIong of medical
waste. It intends 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.
In terms of penalties, this bill strengthens enforcement through additional
sanctions and higher penalties for any violation ofthe provisions ofthe law.
,~,
In view ofthe foregoing, the early passage ofthis bill is earnestly sought.
~-t~\\-
ANT6;m; "SONNY" F. TRILLANES IV
Senator
1


S.NO.
FOURTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
Third
Regular Session
)
)
)
SENATE
a422
9
Introduced by Senator Antonio "Sonny" F. Trillanes IV
AN ACT
PROVIDING
FOR
A
COMPREHENSIVE
H.AZARDOUS
AND
R<\DIOACTIVE
WASTES MANAGEMENT, PROVIDING PENALTIES FOR VIOLATIONS THEREOF,
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House ofRepresentatives ofthe Philippines in Congress
assembled:
CHAPTER I
GENERAL PROVISioNS
SECTION 1. Short Title. - This Act shall be known as the "Philippine Hazardous and
Radioactive Wastes Management Act of2009".
SEC. 2. Declaration ofPolicy. - 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 deyelopment. 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:
(1) Improve wastes management techniques, organizational arrangements, methods of
collection, separation and recovery ofwastes;
(2) Promote environmentally safe disposal ofresidues;
(3) Minimize the generation of hazardous and radioactive wastes by encouraging cleaner
production, process substitution, resource recovery, recycling and reuse, and treatment; and
1


(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 radioacti:ve 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 the 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 ofsuch wastes, even in transit, into the Philippine territorial limits,
SEC. 4. Definition ofTerms. - As used in this Act: ,
(a) "Abandoned underground mines" refer to worked out mineral mines with deep shafts
extending to about one thousand (1,000) to two thousand (2,000) thousand feet below the ground
surface,
2


(b) "Best available techniques (BAT)" refer to any technology that shall take into consideration
costs and benefits ofa measure as well as precaution and prevention such as, but not limited to:
(1) the nature, effects and mass ofreleases concerned;
(2) consumption and use ofraw materials in the process and its energy efficiency;
(3) the need to prevent or reduce to a minimum the overall impact of releases to the
environment; and
(4) ensure occupational health and safety at the workplaces.
(c) "Best environmental practices (BEP)" refer to
pra~tices that are generally accepted as
"enviromnentally 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.
(d) "Borehole facilities" shall refer to those that entail the emplacement of solid radioactive
wastes in an engineered facility of relatively narrow diameter bored ane! operated directly from
the surface. It covers a range of design concepts with depths ranging 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 (I) meter.
(e) "Carcinogen" refers to any substance that can cause or contribute to the incidence of cancer.
(f) "Collection" refers to the act ofremoving hazardous ""aste from the source or from a storage
point.
(g) "Construction" refers to the erection or building ofnew 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 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.
3


(j) "Corrosivity" refers to a state where the waste has either ofthe 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 (8AE 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" refers to the ability of a compound to .be reduced to simpler fonus through a
breakdown of its structure.
(1) "Deep injection" well means a well used for subsurface injection of waste fluids and solids
derived from industries such as geothenual and oil and gas into an injection zone.
(m) "Department" means the Department ofEnviromnent'and Natural Resources (DENR).
(n) "Disposal" means 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 enviromnent or be emitted into the air or discharged into any
waters, including ground waters.
(0) "Generation" refers to the act or process ofproducing hazardous and radioactive wastes.
(p) "Generator" refers to a person, natural or juridical, who produces hazardous and radioactive
wastes.
(q) "Geological repository" refers to the isolation ofhigh level radioactive waste using a system
of engineered and natural barriers at depths up to several hundred meters in a geologically stable
fonnation.
(r) "Hazardous wastes" 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 enviromnent.
(s) "Hazardous and radioactive wastes management" means the systematic administration of
activities which provide for the identification, listing, collection, segregation, storage, transport,
4


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 biologicals; 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 or disposal. A waste exhibits the characteristics of ignitability if a
,
sample ofthe waste has any ofthe following properties: (1) it is a liquid that has a flash point of
less than 60°C (140°F); (2) it is not 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 formation, group of formation or a part of a fonnation
located below the underground source ofpotable water, and which receives waste fluids or solids
through a deep injection well.
(w) "International enviromnental standards" refer to the requirements or standards under existing
international enviromnental agreements to which the Philippines is a party.
(x) "Landfill" refers to a waste disposal site designed, constructed, operated and maintained in a
manner that exerts engineering control over significant potential enviromnental impacts arising
from the development and operation ofthe 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.
5


(aa) "Levell hospital" refers to an emergency hospital that provides:
(I) 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 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 non-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 I hospital as well as intermediate, moderate and partial
category ofsupervised care for twenty-four (24) hours or longer.
(cc) "Level 3hospital" refers to adepartmentalized hospital that provides:
(1) clinical care and management on prevalent diseases in the locality as well as particular
forms oftreatment, 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
radiology, pharmacy); and
(4) nursing care provided in the level 2 hospital as well as total and intensive skilled care.
6


(dd) "Manifest or consignment note" refers to a fonn 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" 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 ofNational Defense (DND).
(ft) "Mined cavities" refer to the emplacement of radioactive waste at some depths inside mines
or caverns which is either man-made or natural.
(gg) "Mutagens" refer to any substance that can cause a cl:\ange 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 ofthe order
ofa few meters thick or in caverns a few tens ofmeter below the earth's surface.
(ii) "On-site treatment facilities" refer to facilities of generators who treat their own hazardous
and radioactive wastes, either by themselves or through a ~ervice provider, inside their facilities
in compliance with waste acceptance criteria promulgated by the Department, the Department of
Health (DOH) and the PNRI.
Qj) "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 "siga".
(kk) "Partial treatment" refers to any process used to modify the characteristics ofa 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 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 offifty (50) days.
7


(mm) "Person(s)" refers to any being, natural or juridical, susceptible of rights and obligations,
or ofbeing the subject oflegal relations.
(nn) "People's organization (pO)" refers to a nonprofit an~ nonstock association of citizens in a
locality, embracing a common goal to protect the environment and, ultimately, public health.
(00) "Radioactive wastes" refer to materials that contain or are contaminated with radionuclides
at concentrations or activities greater than clearance levels as established by the PNRI. This also
refers to disused sealed sources for which no use is foreseen:
(pp) "ReactiVity" refers to the state of a waste material, or a representative sample of the waste
material, exhibiting any ofthe 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;
(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 qmmtity 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.
8


(ss) "Segregation" refers to a wastes management practice ofseparating 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 ofactivity, 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 its 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, consistent with the guidelines as prescribed by the
Department and in such a manner as not to constitute disposal of such wastes.
(vv) "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 ~hich meets the needs of the present
without compromising the ability offuture 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 proving technological feasibility and
cost effectiveness.
9


(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 oftreatment, surgical procedure and intensive care;
,
(2) clinical services provided in the level 3 hospital as well as subspecialized 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.
(aaa) "Thermal treatment" refers 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" refers to the degree of danger posed by a substance to hmnan or animal due to
its
acute
lethality,
chronic
and sub-chronic toxicity,
carcinogenicity, teratogenicity or
mutagenicity, among others.
(ccc) "Treatment" refers 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 non-hazardous, safer for transport, amenable for recovery, amenable for
storage or reduced in volume.
(ddd) "Treatment, storage and disposal facility (TSDF)" refers to a site where a hazardous
substance is treated, stored or disposed.
(eee) "Waste acceptance criteria" refers to a list of parameters which describe the minimum
characteristics which the waste should possess before it may be placed or accepted in a TSDF.
CHAPTERll
'
MANAGEMENT SYSTEM
10


SEC. 5. Identification and Listing ofHazardous 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 be limited to, toxicity, persistence, reactivity and degradability in
nature, potential for accumulation in tissue, and other. related factors such as ignitability,
corrosivity and other hazardous characteristics. Such criteria shall be reviewed and revised every
four (4) years 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: Provided, finally, That within six (6)
months from the effectivity of this Act, the Department, iti coordination with the Department of
Trade and Industry (DTI) and the Department of the Interior and Local Government (DILG),
after public consultation, shall fonnulate criteria for identifying and listing the categories of
special hazardous waste products to be tracked and regulated, taking into account, but not be
limited to, the presence oftoxicity, reactivity, ignitability and corrosivity.
SEC. 6. Notification of Hazardous and Radioactive Wastes Activity. - Upon the
effectivity of this Act, any person generating or managing hazardous or radioactive wastes is
required to notify in writing the Department, the DOH and the PNRI of their hazardous or
radioactive wastes activities specifying, among others, the types of wastes, quantities and
containers used for storage, including incidents involving hazardous and radioactive wastes.
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)
11


Wastes Management Status Report which shall be used as a basis ill fonnulating the National
Hazardous and Radioactive Wastes Management Framework provided in Section 8 of this Act.
The said report shalI include, but shalI not be limited to, the following:
(a) Inventory ofexisting hazardous and radioactive wastes and their depots and facilities;
(b) General waste characterization, taking into account, but not be limited to, the source, type
and quantity ofhazardous and radioactive wastes generated;
(c) Projection of hazardous and radioactive wastes generation, including quantity for reduction,
recovery and reuse;
(d) Listing of treatment, storage and disposal facilities, including transporters of hazardous and
radioactive wastes; and
(e) Listing ofidentified 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 fonnulate
a National Hazardous and Radioactive Wastes Management Framework, herein referred to as the
Framework, that shall embody 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;
(d) Period of compliance for waste reduction;
(e) Information and education campaign;
(f) Human resources development; and
(g) Roles and responsibilities ofrelevant government agencies.
12
.,


The framework shall be adopted as the official blueprint for hazardous and radioactive
wastes management with which all relevant govermnent agencies must comply with.
SEC. 9. Use of Best Available Technology and, Best Environmental Pl'actices in
Hazardous and Radioactive Wastes Management. - Generators and owners of treatment,
storage and disposal facilities are required to use best available technologies and best
enviromnental practices (BAT/BEP) in hazardous and radioactive wastes management. The
Department, in coordination with the Inter-Agency Technical Advisory Council (IATAC)
created herein, shall fonnulate criteria in assessing the proposed BATIEEP to be used. In the
formulation ofthese 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 enviromnent.
SEC. 10. Requirementsfor Generators ofHazardo.us 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 enviromnent. 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 be 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 hann to human health or the enviromnent, and the disposition of such wastes;
(b) Use of appropriate storage facilities and containers to prevent release of materials to the
environment;
13


(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;
(d) Use of a manifest or consignment note system and any other means necessary to assure that
all hazardous and radioactive wastes generated are designated for treatment, storage or disposal
in, and arrived at TSDFs with appropriate permit issued pursuant to this Act;
(e) 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;
(f) When it is necessary to transport the wastes, the generators shall only engage the services of
transporters and the TSDFs holding pennits issued pursuan,t to this Act; and
(g) In the case of radioactive wastes, the wastes generator is required to submit a certificate of
transport from their 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 ofthis Act, the Department, in coordination
with the DOH, the PNRI and the Department of Transportation and Connnunications (DOTC),
shall establish requirements applicable to transporters of hazardous and radioactive wastes
necessary to protect human health and the enviromnent.. Such requirements shall include, but
need not be limited to, the following:
(a) Recordkeeping concerning such wastes transported, and their source and delivery points;
(b) Use ofcarriers duly registered with the DOTC;
(c) Transport ofwastes only ifproperly labeled;
(d) Transport of wastes only to the TSDF which the generator designates in the manifest fonn to
be a facility holding appropriate permit issued pursuant tothis Act;
14


(e) Emergency and contingency plans for effective action to minimize damage and contain and
mitigate effects of spills and accidents in connection with the transport of such wastes; and
(f) Coordination with other concerned government agencies in the event that transport of such
,
hazardous and radioactive wastes to the designated TSDF requires security escort or police
protection/assistance.
SEC. 12. Requirements Applicable to Owners o/,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 the 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 appropria!e for new and existing facilities at the
time ofthe effectivity ofthis Act. Such requirements shall include, but need not be limited to, the
following:
(a) Performance standards 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 ofthe facility;
(c) Requirements and standards for the closure, decommissioning and post-closure care,
monitoring and maintenance and use ofthe facility;
(d) Waste acceptance requirements and procedures, appr,oved by the Deparhnent, the DOH and
the PNRI, for different types ofhazardous and radioactive wastes packages; and
(e) Management, engineering controls and use of personnel protective equipment to minimize
exposure of workers to the hazardous wastes and medical surveillance of workers directly
involved in the collection, transport, storage or disposal ofhazardous wastes.
15


SEC. 13. Categories ofTSDFsfor 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 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 ofTSDFs 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 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 bum 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 ~uch 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 ofthe waste; and
16


(3) the waste is burned in a type of device detennined by the Department to be designed and
operated at a destruction and removal efficiency sufficient such that the protection of hwnan
health and environment is assured;
(d) 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 detennination by the Department that the prohibition for
disposal of such waste in landfills is not required in order to protect hwnan health and the
environment for as long as the waste remains hazardous, taking into account the following
factors:
(l) The long-tenn tillcertainties 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 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 enviromnent if it is detennined that there will be no migration of hazardous
constituents ofthe 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 detennined by the.bepartment, after public consultation,
is prohibited unless the Department detennines the prohibition of the disposal of such waste is
not required in order to protect hwnan 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.
17


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 subparagraph (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 hazardous wastes listed and
ranked: Provided, That the Department shall promptly publish in a newspaper of general
circulation notice of such detennination, together with an explanation of the basis for such
detennination: 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 materials 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 transfonn physical and/or chemical characteristics of
the hazardous wastes by physicochemical or thennal treatment other than incineration or in order
to dispose ofthem 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 ofthe accumulation of such quantities of
hazardous wastes as are necessary to facilitate proper recovery, treatment or disposal but shall
not be longer than is prescribed by the Department; and
18


(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 ofTSDFs 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 ofFacility. - The owner o(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 ofthe 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 (E1S) 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 ofPresidential Decree No. 1586 and its implementing rules and regulations.
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 coorclination
with other relevant government agencies, shall formulate soil quality standards which shall be
used to determine contaminated sites.
19


SEC. 18. Registry ofContaminated 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 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 shl!ll 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, Responsible 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.
CHAPTERlli
RADIOACTIVE WASTES
20


SEC. 21. Listing ofRadioactive Wastes. - Within ~ix (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. 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 wastes disposal: Provided, That
other stages of radioactive wastes 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 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 with 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 containing long~lived radio nuclides, including disused
sealed sources and other wastes that cannot be managed under subsections (a) and (b) of this
21


section: Provided, That the acceptable storage period for conditioned wastes pnor to the
establishment of a final disposal repository shall be for a maximmn period offifty (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 fonnulated pursuant hereof
SEC. 25. Site Requirements and Selection Criteria. - The PNRI shall develop and
promulgate generic site requirements for locating a final repository for radioactive wastes.
SEC. 26. Safety Assessment and Environmental Impact Assessment (ElA). - The PNRI
shall develop and promulgate criteria and regulations on the perfonnance requirements and
safety assessment of the TSDF: Provided, That the safety assessment shall, among others,
address both radiological and nouradiological risks: Provided, further, That non-radiological EIA
shall be carried out in accordance with relevant enviromnentallaws.
SEC. 27. Emergency Preparedness. - The PNRI shall promulgate requirements and
guidance on the fonnulation of emergency plans commensurate to the seriousness of the
accidents that could occur at the TSDFs.
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
22


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 ofHazardous Healthcare Wastes. - Within six (6) months from the
effectivity ofthis Act, the DOH, in coordination with the Department and the DILG, after public
consultation, shall fonnulate criteria for identifYing and listing the categories of hazardous
healthcare wastes to be tracked and regulated. In the fonnulation 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 of Hazardous Healthcare Wastes in Hospitals and Otlter
Healthcare Facilities. - Pursuant to Sections 10, 11 and.J2 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 ofthe waste generator;
(c) Appropriate storage receptacles or bins shall be provided for each healthcare waste category;
(d) Labeling ofreceptacle per waste category shall likewise be implemented for identification of
waste and management measures in case ofaccidents;
(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;
23


(g) Upon the approval ofthe Department, healthcare facilities with capaci1y 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 case of treatment of radioactive healthcare wastes,
approval ofthe PNRI shall be secured;
(h) For hazardous healthcare liquid waste, all healthcaie 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 ofthis Act; and
(i) To ensure the proper management ofhazardous healthcare wastes, a committee on hazardous
healthcare wastes management may be created in all healthcare facilities: PrOVided, That in all
levell, level 2, level 3 and level 4 hospitals, the creation ofa 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
SEC. 31. Collection ofSpecial Hazardous Wastes. - Local govermnent 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 Programfor Special Hazardous Wastes. - The LGUs shall
enact appropriate ordinances implementing responsible care, extended producer responsibili1y 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.
24


SEC. 33. Transport, Treatment, Storage and Disposal ofSpecial 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 VI
mSTITUTIONALMECHAIDSM
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;
(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;
(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 offacilities
for the treatment, storage and disposal ofhazardous 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;
25


(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;
U) Establish a cooperative effort among the national government, LGUs, academic institutions,
civil society and the private sector to attain the objectives ofthis Act;
(k) Develop and implement programs to achieve goals and objectives set under this Act;
(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 ofits duties pursuant to this Act;
(0) Encourage waste reduction, resource recovery, exchange and energy conservation III
hazardous and radioactive wastes management;
(p) Oversee any corrective action work undertaken pursuant to rules and regulations issued in
accordance with this Act;
(q) Formulate and undertake appropriate protocol with other concerned agencies for immediate
coordinated responses to hazardous and radioactive waste-related emergency incidents;
(r) 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 ofthis Act.
26


SEC. 35. Role ofthe DOH. - The DOH shall be primarily responsible in perfonning the
following duties and responsibilities:
(a) Develop, promulgate and publish criteria in identif'ying and listing the categories of
hazardous healthcare wastes to be monitored and regulated;
(b) Develop and promulgate rwes and regulations on the effective management of hazardous
healthcare wastes in hospitals and other healthcare facilities; and
(c) Exercise such powers and perfonn such other functiolfs as may be necessary to carry out the
provisions ofthis Act.
SEC. 36. Role ofthe PNRI. - The PNRl shall be primarily responsible in performing the
following duties and responsibilities:
(a) Develop and promwgate regulations establishing a program for the monitoring of the
radioactive wastes listed pursuant to this Act;
(b) Develop, promulgate and publish criteria for identifYing and listing the types of radioactive
wastes to be monitored and regulated;
(c) Develop and promulgate rcles and regulations on the radioactive wastes management
pursuant to Section 23 hereof;
,
(d) Fonnulate specific, relevant and appropriate waste acceptance criteria for transporters and
TSDFs ofradioactive wastes pursuant to Section 24 hereof;
(e) Exercise jurisdiction over all aspects of generation, possesslOn, collection, recovery,
transport, entry, even in transit, into Philippine territory, treatment, storage and disposal of
radioactive wastes; and
(1) Exercise such powers and perfolm such other functions as may be necessary to carry out the
provisions ofthis Act.
27


SEC. 37. Role ofLocal Government Units (LGUs): - Local government units shall have
the following duties and responsibilities:
(a) Share the responsibility for the implementation, enforcement and monitoring of the
provisions ofthis Act within their territorial jurisdictions such as the registration and compliance
monitoring of generators, transports and TSDFs;
(b) Prepare a compliance scheme in accordance with theirspecial hazardous wastes management
program;
(c) Segregation and collection of special hazardous wastes;
(d) Emergency preparedness and response;
(e) Participate in all efforts concerning hazardous and radioactive wastes management; and
(f) Enact appropriate ordinances to implement LGU's role in this Act.
SEC. 38. The Interagency Technical Advisory Council (MTAC). - For purposes of
policy integration and hannonization and coordination of functions, there is hereby created an
JATAC attached to the Department which shall be composed of the following officials or their
duly authorized representatives:
Secretaly ofEnviromnent and Natural Resources, as chairperson;
Secretary ofHealth, as co-chairperson;
Secretary of Science and Technology, as co-chairperson;
Secretary ofAgriculture;
Secretary ofFinance;
Secretary ofTrade and Industry;
Secretary ofNational Defense;
Secretary ofForeign Affairs;
Secretary ofTransportation and Communications;
President ofleague ofcities;
28


President of league ofmunicipalities;
President ofleague ofprovinces;
President ofleague ofbarangays;
Director General ofthe Philippine Export Zone Authority; .
Representative from civil society;
Representative from the industry;
Representative from the TS]?F operators; and
.,.,'
Representative from the academe, as members.
The IATAC shall have the following functions, among others:
(a) Develop and promulgate criteria m assessing the proposed BATIBEP to be used m
accordance with Section 9 hereof; and
(b) Constitute and authorize a multidisciplinary body to conduct annual audit to determine
compliance of the TSDF '~perators with the terms and conditions in the permits and licenses
issued pursuant to this Act.
SEC. 39. The IATAC Technical Working Group.·- The IATAC shall be supported by a
technical working group (TWG) which shall be composed ofrepresentatives of the following:
Environmental Management Bureau (EMB) ofthe Department;
Environmental and Occupational Health Office ofthe DOH;
Philippine Nuclear Research Iustitute ofthe DOST;
Industrial Technology Development Institute ofthe DOST;
•
Bureau ofHealth Facilities and Services ofthe DOH;
Bureau of Soil and Water Management ofthe DepartmentbfAgriculture (DA);
Fertilizer and Pesticide Authority ofthe DA;
Bureau of Customs ofthe Department ofFinance;
Bureau ofInternational Trade Relations ofthe DTI;
29


Board ofInvestments ofthe DTI;
Bureau ofImport Services ofthe DTI;
Department ofNational Defense;
Land Transportation Office ofthe DOTC;
Occupational Health and Safety Center ofthe Department ofLabor and Employment;
Philippine Coast Guard;
Nongovernmental organizations (NGOs);
Industry; and
the Academe.
The TWG shall provide technical support to the IATAC.
SEC. 40. Linkage Mechanism. - The Department and its concerned agencies may
coordinate and enter into agreement with other govermpent 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 in the
enforcement ofthe 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 ofthis Act. The Secretary ofthe Department
and the DOH and the Director ofthe 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.
30


CHAPTERVll
PERMITS AND FEES
SEC. 42. Permits for Treatment, Storage or Disposal of Hazardous and Radioactive
Wastes.-
(a) Issuance of Pennit - Any person owning an existing or a new TSDP of hazardous or
radioactive wastes identified or listed pursuant to this A;ct is required to secure a pennit or
license pursuant to this section. The Department and the PNRI shall prescribe reasonable fees for
the issuance of said pennit or license.
(b) Duration of Pennit - Any permit under this section shall be issued aunually during the first
three (3) years of operation as a TSDF. Thereafter, the Department and the PNRI may issue a
pennit or license which is valid for five (5) years to a TSDF who has satisfactorily complied with
the rules and regulations issued pursuant to this Act for three (3) consecutive years: Provided,
That an annual audit shall be conducted by a multidisciplinary body constituted and authorized
by the IATAC created pursuant hereof.
(c) Pennit Modification, Suspension and Revocation - The Department and the PNRI shall
modify, suspend and revoke such pennit upon a detennination of noncompliance by a TSDF
with the relevant provisions ofthis Act or the tenns and conditions ofthe pennit.
(d) Interim Status - Any person who owns a TSDF in existence prior to this Act which is
required to have a pennit 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 the required
application for a TSDP pennit 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 pennit or license or if authority to operate the facility has been
previously terminated.
,
SEC. 43. Hazardous and Radioactive Wastes Transporter License. -
31


(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 tmder this section shall be valid for
a period ofone (1) year.
(c) License Modification, Suspension and Revocation - The Department and the PNRl 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 topreclude 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 ofhumans 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 ofadministering hazardous and radioactive wastes management;
(c) Reflect damages caused by hazardous and radioactive wastes on the surrounding
environment, including the cost ofrehabilitation;
(d) Category ofwastes; and
32


(e) Classification ofwastes.
The fee, which shall be established after due public consultation, shall be based on the
quantity ofwastes disposed.
CHAPTERVllI
FINANCING HAZARDOUS WASTES l\'1ANAGEMENT
SEC. 45. Financial Liabilityfor 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 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 tennination 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 fonn of a trust fund, enviromnental 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 ofavailment of such instruments.
SEC. 46. Petformance Bond. - Prior to issuance of the required pennit to operate, the
Department shall require transporters, owners of treatment/storage facilities to post perfonnance
bond. The performance bond shall be forfeited in the ,event of abandonment of sites and/or
nonperfonnance 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.
33


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 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 ofthis Act.
(a) Tax and Duty Exemption on Imported Capital Equipment and Vehicles - Within five (5)
years upon the effectivity of this Act, registered enterprises, LGUs and NGOs shall enjoy tax-
and duty-free importation of machinery, equipment, technology and spare parts used for the
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) They are not manufactured domestically in sufficiel1t quantity, of comparable quality and
at reasonable prices;
(2) They are reasonably needed and will be used actually, directly and exclusively, for the
abovementioned activities; and
(3) There is an approval from the Board of Investment (BOI) 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 and spare parts, without
34


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) Tax Exemption on the Sale of Domestic Capital Equipment - Within five (5) years from
the effectivity ofthis 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 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 ofDonations, Legacies and Gifts - All'donations, gifts and legacies made by
any person or entity in favor of the registered enterprises, LGUsand NGOs, for the support and
maintenance ofthe program for effective hazardous and r\ldioactive 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 ofthe 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.
(e) 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
35


wastes management programs may be entitled to receive grants for the purpose of developing
their technical capacities toward actively participatin$ in the program for effective and
sustainable wastes management.
,
(f) Incentives to Host LGUs - LGUs which host common hazardous and radioactive wastes
management facilities shall be entitled to incentives as provided for under this Act.
(g) Tax Exemption on Hazardous Wastes Generated Within PEZA Areas, Freeports and Other
Special Ecozones - Hazardous waste materials generated v:ithin 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 treatment, and shall be exempted from 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 ofthis 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 waste has been certified as properly
treated or disposed by duly accredited TSDFs: Provided, That 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
waste shall be jointly and severally liable with the generator in the event of any adverse
environmental impacts due to the improper management ofthe waste.
SEC. 50. Prohibited Acts. - The following acts are prohibited:
(a) Discarding, throwing or dumping ofhazardous or radioactive wastes, as listed pursuant to this
Act in public places, such as roads, sidewalks,
canal~, esteros, parks, establislunents and
municipal solid waste facilities, or causing or permitting the same;
36


(b) Undertaking activities involving the collection or transport ofhazardous or radioactive wastes
in violation ofthe standards and other requirements or permits set forth in this Act;
(c) Causing or permitting the collection ofnon-segregated or unsorted hazardous wastes;
(d) Operating TSDFs without permits issued pursuant to t:h:ts Act;
(e) Transporting hazardous or radioactive wastes without the required permit or license pursuant
to this Act;
(f) The mixing of source-separated recyclable material with other hazardous wastes in any
vehicle, box, container or receptacle used in hazardous or radioactive wastes 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 and radioactive
wastes;
(i) Transporting and dumping of collected hazardous or radioactive wastes in areas other than
. '
facilities prescribed under this Act;
G) Open burning ofhazardous or radioactive wastes;
(k) Transporting any hazardous or radioactive wastes to a TSDF which is not authorized to
receive such waste pursuant to this Act;
(I) Treating, storing or disposing of any hazardous or radioactive waste either: (1) without pennit
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;
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(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 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 postclosure activities and
operations specified in the rules and regulations, a hazard<;us 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 andPenalties. - Unless otherwise provided herein, any person
who cOlmnits any of the prohibited acts provided in the immediately preceding section or
violates any of the provisions of this Act or its impleme~ting rules and regulations shall be fined
by the Pollution Adjudication Board (PAB) in the arnoilllt not less than Ten thousand pesos
(PlO,OOO.OO) but not more than One hundred thousand p~sos (PIOO,OOO.OO) for every violation:
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Provided, That for violation of Section 52 involving prohibited acts under paragraphs (a), (g),
(h), (i), (1), (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 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 ofwillfulness, degree ofnegligence, degree of severity ofthe
offense, history ofnoncompliance and degree ofrecalcitrance.
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 enviromnental safeguards are put in place
and/or compliance with this Act or its rules and regulations are undertaken. This paragraph shall
be without prejudice to the issuance of an ex parte o.rder for such closure, suspension of
development or construction, or cessation of operations during the pendency of the case:
Provided, further, That if the prohibited act undertaken shall require cleanup 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 ofthis Act, the PAB shall issue a resolution recommending that
the proper govermnent agencies file criminal charges against the violators. Gross violation shall
mean any ofthe following:
(a) Deliberate disposal of hazardous or radioactive wastes without the required permit issued
pursuant to this Act;
(b) Three (3) or more violations referred to in paragraphs (a), (d), (g), (k), (1) and (m) of Section
50 hereofwithin a period oftwo (2) years; or
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(c) Blatant disregard ofthe orders ofthe PAB, such as the nonpayment offines, breaking of seals
or operation of the source of pollution despite the. existence of an order for closure,
discontinuance or cessation of operation, or unjustified, refusal for the entry or access to any
premises of an authorized Department representative,
In which case, offenders 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 ofnot less than three (3) years but not more than ten (10) years, at the discretion of
the court. Ifthe offender is a juridical person, the chief executive officer and the pollution control
officer or its equivalent shall suffer the penalty herein pro;vided: Provided, 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 ofthe same.
If the offender is an alien, he or she shall, after serVice ofthe 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 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 [>OR 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:
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(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:
(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.
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 non-enforcement or violation complained of, exempt the plaintiff from the filing of an
injunction bond for the issuance ofa 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.
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SEC. 55. Suits and Strategic Legal Action Against Public Participation (SLAPP) and
tile Enforcement ofthis 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 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
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 enviromnent of hazardous and
radioactive wastes, and methods to eliminate said effects or minimize the health risks;
(b) the operation and financing ofhazardous and radioactive wastes disposal programs;
42


(c) the planning, implementation and operation of resource recovery and resource conservation
systems;
(d) the production ofusable forms ofrecovered 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 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) development of new uses of recovered resources and identification of existing or potentia!
markets ofrecovered resources.
In carrying out hazardous and radioactive waste ~esearches 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 (CRED), 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 ofthe impacts ofhazardous 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-friendly products,
43


SEC. 59. Environmental Education in the Formal and Non-formal 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 enviromnental 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 enviromnent-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.
CHAPTERXll
FINAL PROVISIONS
SEC. 61. Appropriations. - The Secretaries of the DENR, the DOH and the DOST shall
include in their programs the implementation ofthis 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 President of the Philippines upon the recOlmnendation of the Secretary of
Foreign Affairs.
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Receipts from donations shall be accoWlted for in the books of the recipient government
agency in accordance with pertinent accoWlting 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 anq the PNRI, in coordination with the
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 govermnent 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 tpe 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 ofthis 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 ofthe House ofRepresentatives, 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 Wldertaking, the same may be revised
in the interim in accordance with the intentions ofthis Act. '
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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 ofthis 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. 2067, as amended, are
partly modified. All laws, decrees, issuances, rules and regulations or parts thereof inconsistent
with the provisions ofthis 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 ofgeneral circulation.
Approved,
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