EIGHTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES)
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. peed

Introduced by Representative Victor A. Yap

EXPLANATORY NOTE

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 wastes within the framework
of sustainable development. Further, as a state party to the Basel Convention, the Philippines is
committed to minimize generation of toxic waste, and to ensure the environmentally sound
management of hazardous materials.

However, our current legal framework has significant gaps particularly in the
management of hazardous and nuclear wastes in the country. Republic Act 6969, also known as
the Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990, merely provides
that it prohibits the entry of hazardous waste into our country. On the other hand, Republic Act
9003, or the Solid Waste Management Act, fails to cover medical wastes which are equally
hazardous to our health.

This bill seeks to develop and implement national and local integrated and
comprehensive hazardous and radioactive wastes management programs focusing on pollution
prevention and resource conservation and recovery. It mandates the establishment of
requirements which shall ensure that the generators, transporters and owners of hazardous and
radioactive wastes shall be responsible for the proper storage, transport, treatment and disposal
of such wastes. The measure also provides for rules and regulations on the effective management
of hazardous healthcare wastes in hospitals and other healthcare facilities.

Rewards and incentives shall be provided to individuals and organizations that have
undertaken outstanding and innovative projects and techniques for the management of hazardous
and radioactive wastes. Meanwhile, the bill seeks to strengthen enforcement by imposing
additional sanctions and higher penalties.

In view of the foregoing, the early passage of this bill is sought

VI¢TOR A. VAP
Representative, 2nd District of Tarlac


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EIGHTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES _ )
First Regular Session )

HOUSE OF REPRESENTATIVES
o. 294

House Bill

Introduced by Representative Victor A. Yap

AN ACT
PROVIDING FOR A COMPREHENSIVE HAZARDOUS AND RADIOACTIVE
WASTES MANAGEMENT AND PROVIDING PENALTIES FOR VIOLATIONS
‘THEREOF

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

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Title. - This Act shall be known as the “Hazardous and Radioactive
Wastes Management Act”

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

(a) Develop and implement national and local integrated and comprehensive hazardous
and radioactive wastes management programs focusing on pollution prevention and
resource conservation and 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 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
hazardous and radioactive wastes management 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 these wastes;


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(c) Prohibit and/or restrict the entry, even in transit, of hazardous and radioactive wastes
and waste electrical equipment into Philippine territorial limits for whatever purpose,
consistent with multilateral international agreements and protocols;

@) 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;

(£) Promote international environmental standards on waste management; and

(g) Strengthen the integration of the management of hazardous and radioactive wastes,
and waste electrical and electronic equipment, 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 purpose: Provided, that this Act shall cover the
entry, even in transit, into Philippine territory of such wastes.

SEC. 4. Defis

ion of Terms. — As used in this Act:

(a) Abandoned underground mines refer to worked out mineral mines with deep shafts
below the ground surface;

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

(1) The nature, effects and mass of releases concerned;

(2) The consumption and use of raw 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) The need to ensure occupational health and safety at the workplaces;

(©) Best Environmental Practices (BEP) refer to practices that are generally accepted as
“environmentally friendly”, taking into consideration the nature, traditions, and culture of
the locality and the technological advances and changes in scientific knowledge and
understanding;

(d) Borehole facilities refer to those that entail the emplacement of solid radioactive
waste in an engineered facility of relatively narrow diameter, bored and operated direct
from the surface. These cover a range of design concepts with depths ranging from a few


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meters up to several hundred meters and its diameters can vary from a few tens of
centimeters up to more than one meter;

(c) Contaminated site refers to a place or spot where the soil quality exceeds the soil
standards set pursuant to Section 16 hereof,

(® Corrective action refers to the steps taken to assess, prioritize and clean up hazardous
and radioactive wastes from treatment, storage and disposal facilities (TSDFs) and/or
contaminated sites in order to protect health and the environment;

(g) Corrosivity refers to a state where the waste has one of the following characteristics
and 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);

(h) Deep injection well refers 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;

(i) Disposal refers to the discharge, deposit, injection, dumping, spilling, leaking or
placing of any hazardous and radioactive wastes into or on any land or water without the
intention of retrieval so that these wastes or any constituent thereof may enter the
environment or be emitted into the air or discharged into any waters, including ground
waters;

(i) End-of-Life refers to the condition when a product reaches the end of its supported
usefill cycle because the period for the supply of the support system and services for the
product provided by its manufacturer or distributor/seller has terminated or ended;

(k) Waste electrical and electronic equipment refers to discarded electronic equipment,
unit, device, or any part thereof, whether for reuse, resale, salvage, recycling, or disposal;

(I) Gener:

ion refers to the act or process of producing hazardous and radioactive wastes;

(m) Generator refers to a person, natural or juridical, who produces hazardous and
radioactive wastes;

(n) Hazardous waste refers to a substance, or electrical and electronic equipment, or any
part thereof, discarded from households, commercial and industrial establishments,
institutions and healthcare facilities, or from any person, which, because of its
concentration or its 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;

(0) Hazardous and radioactive wastes management refers to the systematic administration
of activities which provide for the identification, listing, collection, segregation, storage,
transport, recovery, reuse, processing, reprocessing, treatment and disposal of these;

(p) Healthcare waste refers to total waste stream originating from minor or scattered
sources or 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;


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(q) Ignitability refers to the characteristic of hazardous wastes that could cause a fire
during transport, storage or disposal. Waste matter exhibits the characteristic of
ignitability if a sample thereof has any of the following properties:

(1) Itis a liquid matter that has a flash point less than 60°C (140°F);

(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) It is an ignitable gas; or
(4) Itis an oxidizer,

(8) Injection zone refers to a geological formation, group of formations 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;

(s) International environmental standards refer to the requirements or standards under
existing international environmental agreements to which the Philippines is a party;

(®) Sanitary landfill refers 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;

(u) Land disposal refers to the placement of hazardous and radioactive wastes on the
surface, near surface and at depths within the soil column;

(v) 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;

(w) Level 1 hospital refers 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 that may provide certain ancillary services,
including primary clinical laboratory, first level radiology services and pharmacy
services; and

(4) Nursing care for patients who require minimal category of supervised care for
twenty-four (24) hours or longer;

(x) Level 2 hospital refers 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;


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(3) Appropriate administrative and certain ancillary services, including secondary
clinical laboratory, first level radiology services and pharmacy services; 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;

(y) Level 3 hospital refers to a departmentalized hospital that provides:

(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 certain ancillary services, including tertiary
clinical laboratory, second level radiology services and pharmacy services; and

(4) Nursing care provided in the Level 2 hospital as well as total and intensive
skilled care;

(2) 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 the prevalent diseases in the locality as well as
specialized and sub-specialized 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 certain ancillary services, including tertiary
clinical laboratory, third level radiology services and pharmacy services, and

(4) Nursing care provided in the Level 3 hospital as well as continuous and highly
specialized critical care; ;

(aa) Manifest or consignment note refers to a form prescribed by the Department of
Environment and Natural Resources (DENR) and the Philippine Nuclear Research
Institute (PNRI) accompanying hazardous and radioactive wastes from the point of
generation, through transport, to final disposition;

(bb) 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 of National Defense (DND);

(cc) Near surface facilities 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;

(dd) On-site treatment facilities 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
DENR, the Department of Health (DOH) and the PNRI;


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(ce) Open burning refers to the destruction of wastes by means of direct exposure to fire;

(ff) Person(s) refers to any being, natural or juridical, susceptible of rights and
obligations, or of being the subject of legal relations;

(gg) Radioactive wastes refer to waste materials that contain or are contaminated with
radionuclides at concentrations or activities greater than clearance levels as established
by the PNRI and for which no use is foreseen;

(hh) Reactivity refers to the state of a waste, or a representative sample of the waste,
exhibiting any of the following properties:

(1) Its 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 quantity
sufficient to present a danger to human health or the environment;

(6) Itis 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;

(ii) 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;

(ji) Segregation refers to a waste management practice of separating different materials
found in hazardous waste in order to promote recycling and reuse of resources and 10
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;

(kk) Special hazardous wastes refer to substances discarded from households consisting
of consumer or industrial goods or products which become hazardous at the end of their
useful life by virtue of their hazardous content which may be released to the environment
upon indiscriminate disposal;

(ll) 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 DENR and in such a manner as not to constitute the disposal of such wastes;

(mm) Surface impoundments 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 and treat liquid waste or
waste containing free liquids through processes such as evaporation, cooling, aeration,
photo decomposition, and settling;


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(nn) Toxicity refers to the degree of danger posed by a substance to humans or animals
due to its acute lethality, chronic and subchronic toxicity, carcinogenicity, teratogenicity
or mutagenicity, among others;

(00) 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 nonhazardous, safer for transport, amenable
for recovery, amenable for storage, or reduced in volume; and

(pp) Waste acceptance criteria refers to a list of parameters which describes the minimum
characteristics which the waste should possess before it is 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 DENR 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. The criteria shall be
reviewed and revised every four (4) years thereafter, or as the need arises: Provided, That within
six (6) months from the effectivity of this Act, the DENR, in coordination with the Department
of the Interior and Local Government (DILG), after public consultation, shall formulate criteria
for identifying and listing the categories of hazardous wastes to be regulated, taking into account,
but not limited to, the presence of toxicity, 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 DENR, 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 DENR, 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 this Act, 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 report
shail 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;


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

(d) Listing of treatment, storage, and disposal facilities (TSDFs) , including transporters
of hazardous and radioactive wastes; and

(©) 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 DENR, 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 policies established pursuant to this Act. Specifically, the
Framework shall contain the following.

(a) Strategies and techniques for hazardous and radioactive wastes control;

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

(©) Goals and targets for waste reduction;

(d) Period of compliance for waste reduction;

(€) 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.

SEC. 9. Use of BAT and BEP in Hazardous and Radioactive Wastes Management. —
Generators and owners of TSDFs are required to use BAT/BEP in hazardous and radioactive
wastes management. The DENR, 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.

SEC. 10. Requirements for Generators of Hazardous and Radioactive Wastes. —
Within six (6) months after the effectivity of this Act, the DENR, the DOH, and the PNRI shall
establish requirements for generators of hazardous and radioactive wastes. 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.
The 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 of which are significant in quantity or are


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potentially harmful 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;

(©) 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 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;

(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 TSDFs holding permits issued pursuant to this Act; and

(g) The waste generator of radioactive wastes shall secure an authority from the PNRI 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 DENR, in coordination with
the DOH, the PNRI, and the Department of Transportation and Communications (DOTC), shall
establish requirements applicable to transporters of hazardous and radioactive wastes necessary
to protect human health and the environment, These requirements shall include, but not limited
to, the following

(a) Recordkeeping of such wastes transported, 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 the TSDF which the generator designates in the manifest
form to be a facility holding the appropriate permit issued pursuant to this Act;

(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
TSDFs. ~ Within six (6) months after the effectivity of this Act, the DENR, in coordination with
the DOH and the PNRI, shall establish requirements applicable to owners of TSDFs of


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hazardous and radioactive wastes: Provided, That the DENR, 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. These 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;

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

(@) Waste acceptance requirements and procedures, approved by the DENR, the DOH
and the PNRI, for different types of hazardous and radioactive wastes packages; and

(e) Management, engineering controls, medical surveillance, and use of personnel
protective equipment to minimize the exposure of workers to the hazards associated with
the collection, transport, storage, treatment and/or disposal of hazardous and radioactive
wastes.

SEC. 13. Categories of TSDFs for Hazardous and Radioactive Wastes. ~ Within six
(6) months after the effectivity of this Act, the DENR shall formulate specific, relevant and
appropriate criteria for waste acceptance and standards for TSDFs identified hereunder:
Provided, however, That the DENR 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. The categories of TSDFs are as follows:

(a) Facilities that conduct on-site treatment and disposal of hazardous wastes generated or
produced at the premises for non-commercial purposes. The DENR 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;

(b) Hazardous waste thermal treatment facilities. TSDFs in this category are facilities that
conduct treatment of hazardous wastes employing thermal technologies;

(c) Landfills that accept hazardous wastes for disposal. The DENR shall, after due review
and public consultation, promulgate criteria and regulations on the disposal of hazardous
wastes in landfills 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 bio-accumulate of such
hazardous wastes and their hazardous constituents.

For this purpose, the disposal of hazardous wastes in landfills shall ensure no migration
of hazardous constituents of the wastes. The disposal in landfills of wastes containing
hazardous solvents, pesticides and polycyclic hydrocarbons as determined by the DENR,
after public consultation, are prohibited.


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Within six (6) months from the preparation of the status report, the DENR 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 DENR, when necessary,
shall promulgate regulations prohibiting disposal in landfills of such hazardous wastes
listed and ranked: Provided, That the DENR 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;

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

The DENR, 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, recyclers of used lead-acid batteries, precious and non-precious metals and oil
recyclers;

(e) 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 in
order to dispose of them into landfills;

(f) 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 consolidation prior to proper recovery, treatment or disposal but
shall not be longer than what is prescribed by the DENR; and

(g) Other land disposal facilities

Engineered facilities under this category shall include deep injection wells, borehole
facilities, near surface facilities, surface impoundments, and 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
DENR

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 the
post-closure care period, in accordance with the requirements of the DENR and the closure plan
and shall provide the funds and human resources necessary for the monitoring, repair or


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maintenance of the facility during the period. The owner shall maintain a hazardous waste
facility permit for the post-closure care period pursuant to Chapter VII hereof.

SEC. 16. Formulation of Soil and Sediment Quality Guidelines for Identification of
Contaminated Sites. — Within six (6) months from the effectivity of this Act, the DENR, in
coordination with other relevant government agencies, shall formulate soil and sediment quality
guidelines which shall be used to determine contaminated sites.

SEC. 17. Registry of Contaminated Sites. — The DENR shall maintain a registry of
contaminated sites in the country: Provided, That the DENR shall take all necessary actions to
ensure that the registry provides a complete listing of the exact locations of all sites and the types
of contamination found thereat: Provided, further, That in developing and maintaining the
registry, the DENR shall assess, based upon new information received, the relative priority of the
need for action at each site to institute remedial environmental activities and mitigate adverse
health impacts resulting from the presence of hazardous and radioactive wastes at such sites.

SEC. 18. Import of Hazardous and Radioactive Wastes. — The DENR and the PNRI
shall promulgate the rules and regulations on the import of hazardous and radioactive wastes
consistent with relevant multilateral international agreements and protocols,

SEC. 19. Market-Based Instruments. ~ Within six (6) months from the effectivity of
this Act, the DENR shall, in coordination with the manufacturers of commercial or industrial
products, identify and implement market-based instruments including extended producer
responsibility, buy-back program, responsible care and products stewardship programs that shall
promote cleaner production, waste minimization and resource recovery: Provided, That the
DENR shall identify and list products that shall be covered by such programs.

CHAPTER I
RADIOACTIVE WASTES,

SEC. 20. Listing of Radioactive Wastes. — Within six (6) months from the effectivity of
this Act, the DOST and the PNRI, in coordination with the DENR, after public consultation,
shall formulate and publish the criteria for identifying and listing the types of radioactive wastes
to be monitored and regulated

SEC. 21. 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.


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SEC. 22. 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 BAT 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 both technically and economically feasible:
Provided, That the rules and regulations may be based on, but not limited to, the following
methods of radioactive wastes management:

(a) Dilute and Disperse — Radioactive waste with activity level that may be disposed of as
ordinary waste into the sewer sanitary landfills;

(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

(©) 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 a maximum period of fifty (50) years.

SEC. 23. 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.

SEC. 24. Site Requirements and Selection Criteria. - The PNRI shall develop and
promulgate the generic site requirements for locating a final repository for radioactive wastes.

SEC. 25. Safety 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 non-radiological risks
Provided, further, That non-radiological environmental impact assessment shall be carried out in
accordance with relevant environmental laws.

SEC. 26, Emergency Preparedness. — The PNRI shall promulgate the requirements and
guidelines on the formulation of emergency plans commensurate to the seriousness of the
accidents that may occur at the TSDFs.

SEC. 27. 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


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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. 28. Listing of Hazardous Healthcare Wastes. — Within six (6) months from the
effectivity of this Act, the DOH, in coordination with the DENR 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. 29. 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 at source;

(b) Appropriate storage receptacles or bins shall be provided for each healthcare waste
category;

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

(d) All hazardous healthcare wastes shall be collected and stored in designated on-site
storage areas until transported to a TSDF; *

(€) Treatment of hazardous healthcare wastes on-site shall be done through appropriate
treatment methods;

() Upon the approval of the DENR, 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 for the off-site treatment
requirements of storage and disposal of such wastes, guidelines for facilities under
paragraphs (b) to (f) of Section 13 of this Act shall apply: Provided, finally, That in the
case of treatment of radioactive healthcare wastes, approval of the PNRI shall be secured;

(g) For hazardous healthcare liquid wastes, 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

(h) 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 this
committee shall be mandatory. The committee shall also develop an emergency plan to


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ensure 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, 30. Collection of Special Hazardous Wastes. — The local government units
(LGUs) shall be responsible for the collection of special hazardous wastes, as listed by the
DENR in accordance with Section 5 hereof, from persons and households: Provided, That the
LGUs may enter into agreement with entities duly accredited by the DENR for the collection of
special hazardous wastes.

SEC, 31. Market-Based Instruments (MBIs) for Special Hazardous Wastes. — The
LGUs shall enact appropriate ordinances implementing MBIs such as 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 waste minimization and resource
recovery.

SEC. 32. Transport, Treatment, Storage and Disposal of Special Hazardous Wastes
— Upon collection of special hazardous wastes by the LGUs pursuant to Section 30 hereof, the
transport, treatment, storage and disposal of special hazardous wastes shall be regulated in
accordance with this Act.

CHAPTER VI
INSTITUTIONAL MECHANISM

SEC. 33. Lead Agency. — The DENR 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 and freeport zone areas, and Board of
Investments (BOI) areas 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,

(©) 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;


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(f) Establish, enforce, review and revise standards applicable to owners and operators of
facilities for the treatment, storage and disposal of hazardous and radioactive wastes;

(g) Exercise jurisdiction over all aspects of generation, possession, collection,
destruction, recovery, use, storage, transportation, entry into, even in transit, treatment
and disposal of hazardous and radioactive wastes;

(h) Evaluate applications for and issue permits and licenses pursuant to this Act;

(@) 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;

(D 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;

(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;

(®) 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. 34. Role of the DOH. — The DOH shall be primarily responsible in performing the

following duties and responsibilities:

(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


1 (c) Exercise such powers and perform such other functions as may be necessary to carry
2 out the provisions of this Act.

3

4 SEC. 35. Role of the PNRI. — The PNRI shall be primarily responsible in performing the
5 following duties and responsibilities:

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

(b) Develop, promulgate, and publish the criteria for identifying and listing the types of

9 radioactive wastes to be monitored and regulated;

10 (c) Develop and promulgate the rules and regulations on the radioactive wastes
a management pursuant to Section 22 hereof,

R (@) Formulate specific, relevant and appropriate waste acceptance criteria for transporters
B and TSDFs of radioactive wastes pursuant to Section 23 hereof;

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

v7 (f) Exercise such powers and perform such other functions as may be necessary to carry
18 out the provisions of this Act.

19

20 SEC. 36. Role of LGUs. — The LGUs shall perform the following duties and
21 responsibilities:
22 (a) Share the responsibility for the implementation, enforcement and monitoring of the
23 provisions of this Act within their territorial jurisdiction such as the registration and
24 compliance monitoring of generators, transports and TSDFs;
25 (b) Prepare a compliance scheme in accordance with their special hazardous wastes
26 management program;
27 (c) Ensure the proper segregation and collection of special hazardous wastes,
28 (d) Develop government and community preparedness and responsiveness for
29 emergencies arising from hazardous and radioactive wastes;
30 (e) Participate in all efforts concerning hazardous and radioactive wastes management;
31 and
32 () Enact appropriate ordinances to implement the LGUs’ role in this Act
33
34 SEC. 37. Inter-Agency Technical Advisory Council (IATAC). — For purposes of

35 policy integration and harmonization and coordination of functions, there is hereby created an
36 Inter-Agency Technical Advisory Council (IATAC) which shall be attached to the DENR and
37 which shall be composed of the following officials or their duly authorized representatives:

38 (a) Secretary of Environment and Natural Resources, as Chairperson;


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(b) Secretary of Health, as Co-chairperson;

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

(©) Secretary of Finance;

(f Secretary of Trade and Industry;

(g) Secretary of National Defense;

(h) Secretary of Foreign Affairs;

(i) Secretary of Transportation;

(j) President of the League of Cities;

(k) President of the League of Municipalities;

(D President of the League of Provinces;

(m) President of the League of Barangays;

(n) Director General of the PEZA;

(0) Representative from Civil Society Organizations;

(p) Representative from the Industry;

(q) Representative from TSDF operators; and

(8) Representative from the Academe.

‘The IATAC shall perform 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. 38, 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 agencies and institutions:

(a) Environmental Management Bureau (EMB) of the DENR;
(b) Environmental and Occupational Health Office of the DOH;

(c) PNRI of the DOST;


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(d) Industrial Technology Development Institute of the DOST;

(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,

() BOL of the DTI;

(k) Bureau of Import Services of the DTI;

() 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

(0) Academe.

The TWG shall provide technical support to the IATAC. Representatives of civil society
organizations, industry and the academe shall be nominated through a process designed by the
IATAC.

SEC. 39. Linkage Mechanism. — The DENR and its concerned agencies may coordinate
and enter into agreement with other government agencies, civil society, industrial sector and
other concerned sectors in the furtherance of the policies of this Act: Provided, That the DENR
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. 40. Visitorial Powers. — The DENR, 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 Secretaries of the DENR
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.


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CHAPTER VIL
PERMITS AND FEES

SEC. 41. Permits for Treatment, Storage or Disposal of Hazardous and Radioactive

Wastes. —

(a) Any person owning an existing or a new TSDF for hazardous or radioactive wastes
identified or listed pursuant to this Act is required to secure a permit or license pursuant
to this section. The DENR and the PNRI shall prescribe reasonable fees for the issuance
of the said permit or license.

(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 DENR and the PNRI may
issue a permit or license with a validity of 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.

(©) Permit Modification, Suspension and Revocation ~ The DENR 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. 42. Hazardous and Radioactive Wastes Transporter License. —

(a) Any person transporting any hazardous and radioactive waste is required to secure a
waste transporter license from the DENR, subject to payment of a reasonable fee.

(b) Duration of License — A waste transporter license shall be valid for a period of one (1)
year.

(©) License Modification, Suspension and Revocation — The DENR 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 DENR 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
DENR and the PNRI from inspecting unlicensed hazardous waste transporting equipment
and requiring that it be adequate to provide protection to human health and the
environment.

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SEC. 43. Hazardous and Radioactive Waste Disposal Fee. — All hazardous and
radioactive 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 general fund. The fee shall be established by the DENR, 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;

(c) Cost of damages caused by hazardous and radioactive wastes on the surrounding
environment, including that of rehabilitation;

(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 VII
FINANCING HAZARDOUS WASTES MANAGEMENT

SEC. 44. Financial Liability for Environmental Rehabilitation. - The DENR shall
require generators and owners of TSDFs to put up an Environmental Guarantee Fund (EGF) as
part of the Environmental Management Plan attached to the Environmental Compliance
Certificate (ECC) required pursuant to Presidential Decree No. 1586 and its implementing rules
and regulations. The EGF shall finance the needs of emergency response, cleanup 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 DENR.

‘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 DENR.
‘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 DENR with evidence of availment of such instruments.

SEC. 45. Performance Bond. — Prior to the issuance of the required permit to operate,
the DENR shall require a transporter, owner of treatment/storage facility to post a performance
bond. The performance bond shall be forfeited in the event of abandonment of sites and/or non-
performance of post-closure requirements issued pursuant to Section 15 hereof: Provided, That
this provision shall not apply to state-owned treatment/storage facilities and to recyclers
identified and listed pursuant to this Act.

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1 CHAPTER IX
2 INCENTIVES

3 SEC. 46. Rewards. — Rewards, monetary or otherwise, shall be provided to individuals,
4 private organizations and entities, including nongovernment organizations (NGOs) that have
5 undertaken outstanding and innovative projects, technologies, processes, and techniques, or
6 activities for the management of hazardous and radioactive wastes.

7

8 SEC. 47. Incentives Scheme. — An incentive scheme is hereby provided for the purpose
9 — of encouraging enterprises, private entities, LGUs and NGOs to develop or undertake effective
10 hazardous and radioactive wastes management, or actively participate in any program geared
11 __ towards the promotion thereof, consistent with the objectives of this Act.

R (a) Tax and Duty Exemption on Imported Capital Equipment — Within five (5) years after
3 the effectivity of this Act, registered enterprises, LGUs and NGOs shall enjoy tax- and
14 duty-free importation of machinery, equipment, technology, spare parts and specialized
15 types of vehicles used for the transport, processing, storage, and treatment of hazardous
16 and radioactive wastes, including cleaner production and waste minimization
v7 technologies: Provided, That the importation of such machinery, equipment, technology,
18 vehicles, and spare parts shall comply with the following conditions:

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

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

23 (3) The importation of such machinery, equipment, technology, vehicles, and
24 spare parts should be approved by the BOI of the DTI: Provided, further, That the
25 sale, transfer or disposition of such machinery, equipment, technology, vehicles,
26 and spare parts, without prior approval of the BOI, within five (5) years from the
7 date of acquisition, shall be prohibited; otherwise, the registered enterprise, LGU
28 or NGO concerned and the buyer, transferee or assignee shall be solidarily liable
29 to pay twice the amount of tax and duty exemption given it.

30 (b) Exemption from Value-Added Tax (VAT) on the Sale of Domestic Capital
31 Equipment — Within five (5) years from the effectivity of this Act, the sale of domestic
32 capital equipment, including its spare parts, to registered enterprises, LGUs and NGOs to
33 be used for the processing, storage and treatment of hazardous and radioactive wastes
34 shall be exempted from the VAT imposed under the National Internal Revenue Code of
35 1997, as amended: Provided, That the said incentive shall be subject to the same
36 conditions and prohibitions cited in the preceding paragraph.

37 (c) Tax Exemption of Donations, Legacies and Gifts — All donations, legacies and gifts
38 made by any person or entity in favor of the registered enterprises, LGUs and NGOs, for
39 the support and maintenance of the program for effective hazardous and radioactive
40 wastes management, shall be exempt from the donor’s tax and such amount of donation
41 shall be deductible from the gross income of the donor pursuant to Section 34, paragraph
a2 (h) of the National Internal Revenue Code of 1997, as amended.

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(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.

(e) Extension of Grants to LGUs. — Cities or municipalities whose special hazardous
wastes management programs have been duly accredited by the DENR 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 Economic Zones — Hazardous waste materials generated within PEZA
areas, freeports and other special economic zones 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. 48. Generator’s Liability. — A 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 impact due to the improper management of the wastes.

SEC. 49. Prohibited Acts. — The following acts are prohibited:

(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 activities 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 unsegregated or unsorted hazardous wastes;

(d) Operating a TSDF without permit issued pursuant to this Act;

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

(®) 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;

() 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 the facilities prescribed under this Act;

(i) 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;

(l) 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) Generating, treating, storing, transporting, disposing of or handling any hazardous or
radioactive waste and, in connection therewith, knowingly destroying, altering or
concealing any record required to be maintained pursuant to this Act;

(0) 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;

(p) Failing to notify the DENR, the DOH and the PNRI of hazardous or radioactive waste
activities pursuant to Section 6 hereof,

(q) 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;

(F) 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

(s) 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.

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SEC. 50. 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 fifty thousand pesos
(50,000.00) but not more than one million pesos (1,000,000. 00) for every violation: Provided,
That for violation of Section 49 involving prohibited acts under paragraphs (a), (g), (h), (i), (0,
(p), (6) and (0), the fine shall be imposed for every day of violation,

For purposes of the application of the fines, the PAB shall, within one (1) year after the
effectivity of this Act, establish a fine rating system to adjust the maximum fine based on the
violator’s ability to pay, degree of willfulness, degree of negligence, degree of severity of the
offense, history of noncompliance and degree of recalcitrance.

‘The fines herein prescribed shall be reviewed and revised, whenever necessary, every
three (3) years to compensate for inflation and to maintain the deterrent function of such fines.

‘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 cleanup and rehabilitation, the offender shall also be required to restore
the area or compensate for the restoration thereof. The PAB may also award such damages as it
may deem just under the circumstances in favor of a private complainant

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), (X), () and (m) of Section
49 hereof within a period of two (2) years; or

(c) Blatant disregard of the orders of the PAB such as the non-payment of fines, breaking
of seals or operation of the source of pollution despite the 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 DENR representative.

(4) Falsifying , tampering with or rendering inaccurate any monitoring device or result
therefrom used, filed, maintained or required to be maintained under this Act.

In cases under the immediately preceding paragraph, the offender shall pay a fine of not
less than five hundred thousand pesos (P500,000.00) but not more than five million pesos
(P5,000,000.00) and/or punished 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

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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. 51. 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 of 1991” and Executive Order No. 292 or the
“Administrative Code of 1987” and other existing laws, rules and regulations.

SEC. 52. Administrative Action. — Without prejudice to the right of any affected person
to file an administrative action, the DENR, the DOH and the PNRI shall, at their 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 DENR, the DOH or the PNRI with respect
to such standards or limitations.

SEC. 53. 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 DENR or other implementing agencies with respect to orders, rules and
regulations issued inconsistent with this Act; or

(©) 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 of a preliminary injunction.

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Within thirty (30) days, the court shall make a determination if a complaint is malicious
and/or baseless and shall accordingly dismiss the action and award attorney’s fees and damages.

SEC. 54. 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 53 of this Act, or against any person, institution or government agency
tasked to implement 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
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. 55. Mandatory Public Hearings. ~ Mandatory public hearings for the formulation
of the Framework mandated under Section 8 hereof shall be undertaken in accordance with the
process to be determined by the DENR.

SEC. 56. Research on Hazardous and Radioactive Wastes Management. — The
DENR shall, after consultations with the concerned agencies, encourage 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 effects on health as a result 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;

(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;

(Cleaner production technologies;

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(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 DENR, the
DOH and the DOST or their authorized representatives may award grants or enter into contracts
with government agencies, NGOs and private persons.

SEC. 57. Public Education and Information. — The DENR, the DOH and the PNRI, in
coordination with the Department of Education (DepEd), the Technical Education and Skills
Development Authority (TESDA), the Commission on Higher Education (CHED), the DILG, the
Philippine Information Agency (PIA) and the LGUs, shall conduct a continuing education and
information campaign on hazardous and radioactive wastes management. Such education and
information program shall:

(a) Aim to develop public awareness of the impacts of hazardous and radioactive wastes
and how to prevent or minimize their adverse effects;

(b) Focus on activities which are feasible and which will have the greatest impact on the
hazardous and radioactive wastes management; and

(c) Encourage the general public, accredited NGOs and POs to publicly endorse and
patronize environment-friendly products.

SEC. 58. Environmental Education in the Formal and Nonformal Sectors. — The
National Government shall, through the DepEd and in coordination with concerned government
agencies, NGOs and private institutions, strengthen the integration of environmental concerns in
school curricula at all levels, with particular emphasis on the principles underlying hazardous
and radioactive wastes management in order to promote environmental awareness and
affirmative action among the citizenry.

SEC. 59. Role of the Business and Industry. - The DENR, 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. 60. Appropriations. ~ The Secretaries of the DENR, the DOH and the DOST shall
include in their respective programs the implementation of this Act, the fiinding of which shall
be included in the annual General Appropriations Act.

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In addition, the Departments 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 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. 61. Implementing Rules and Regulations. — Within one (1) year after the
effectivity of this Act, the DENR, 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 the
standards set pursuant to the provisions of this Act.

SEC. 62. Joint Congressional Oversight Committee. — In addition to its mandated
functions, the Joint Congressional Oversight Committee created under Republic Act No. 9003 or
the “Ecological Solid Waste Management Act of 2000” shall also monitor the implementation of
this Act.

SEC. 63. Transitory Provision. — Pending the establishment of the Framework
mandated 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. 64. Report to Congress. - The DENR shall render to Congress not later than
March 30 of every year following the approval of this Act, a detailed report of its
accomplishments and progress on hazardous and radioactive wastes management during the year
and shall submit the necessary recommendations in areas requiring legislative action

SEC. 65. 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. 66. 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

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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. 67. Effectivity. This Act shall take effect fifteen (15) days after its publication in
at least two (2) newspapers of general circulation.

Approved,

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