Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILLNO._97

Introduced by Representative Maria Lourdes Acosta-Alba

EXPLANATORY NOTE

Republic Act No. 6969, also known as the "Toxic Substances and Hazardous and Nuclear
Wastes Control Act of 1990," has been inadequate to meet the many concems pertaining to the
management of hazardous and radioactive wastes in the country. This law merely regulates the
entry and transit of hazardous and radioactive wastes into our territory, and nothing more.

‘The proposed measure seeks to legislate a comprehensive policy framework for hazardous,
radioactive, and healthcare wastes. The measure shall cover the generation, possession, collection,
recovery, reuse, storage, transport, treatment, disposal, and entry/transit of hazardous and
radioactive wastes into Philippine territory, with the end view of protecting human health and the
environment from potential risks of hazardous and radioactive wastes.

‘The measure adopts substitute bill to House Bill No. 142, principally authored by this
Representation, which this House has already passed in Third and Final Reading during the
Seventeenth Congress.

Considering that this measure consolidates Electronic waste (e-waste) recycling and
amendments to RA 6969, both of which are part of the President's Legislative Agenda for the
Climate Change Adaptation and Mitigation Cluster, and has already passed twice through the House
of Representatives, pursuant to our House Rules on bills already approved in Third and Final
Reading from the immediately preceding Congress, the swift and urgent approval of this measure
is earnestly requested.

ho btexd we cake

First District, Bukidnon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No.9?

Introduced by Representative Maria Lourdes Acosta-Alba

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.

4.

Improve waste management techniques, organizational
arrangements, methods of collection, separation and recovery of
wastes;

. Promote environmentally safe disposal of residues;
. Minimize the generation of wastes by encouraging cleaner

production, process substitution, resource recovery, recycling
and reuse, and treatment; and

Institutionalize public participation in the development and
implementation of hazardous and radioactive 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;


ow pene

o

10

1
12

17
18
19
20
2

22

23
24

25
26
27

29
30

31
32
33

35
36

(c) Prohibit and/or restrict the entry, even in transit, of hazardous and
radioactive wastes 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;

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

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

(g) Strengthen the integration of hazardous and radioactive wastes
management and resource conservation and recovery topics into the
academic curricula of formal and non-formal education in order to
promote environmental awareness and action among the citizenry.

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

SEC. 4. Definition 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:

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;

(c) Best Environmental Practices (BEP) refer to practices that are
generally accepted as ‘environmentally friendly", taking into

2


wn

waraus

consideration the nature, traditions, and culture of the locality and
the technological advances and changes in scientific knowledge and
understanding;

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

(e) 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°R);

(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 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) Generation refers to the act or process of producing hazardous and
radioactive wastes;

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

(I) Geological repository refers to the isolation of high level radioactive
waste using a system of engineered and natural barriers at depths
up to several hundred meters in a geologically stable formation;


auawne

12
13
4
15
16

7
18
19
20

21
22
23
24
25
26
27
28

30
31
32

(m)Hazardous waste refers to a substance discarded from commercial
and industrial establishments, institutions and healthcare facilities
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;

(n) 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
hazardous and radioactive wastes;

(0) 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;

(p) 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:

. It is 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. Itis an ignitable gas; or

4. Itis an oxidizer;

(q) 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;

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

(s) 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;


wn

Nous

35
36
37
38
39

®

(@)

(vy)

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

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;

Level 1 hospital refers to an emergency hospital that provides:
L. 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;

(w) 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;

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 I hospital as well as

intermediate, moderate and partial category of supervised care for
twenty-four (24) hours or longer;

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;

(y) 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 subspecialized forms of
treatment, surgical procedure, and intensive care;

2. Clinical services provided in the Level 3 hospital as well as
subspecialty clinical care;

3. Appropriate administrative and 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;

(2) 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;

(aa) 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);

(bb) 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;

(cc) 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,

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

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


2a
22
23
24

25
26
27

29
31
32
33
34
35

36
37

39

41

(ff) 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;

(gg) Reactivity refers to the state of a waste, or a representative sample

of the waste, exhibiting any of the following properties:

1. It is normally unstable and readily undergoes violent change
without detonating;

2. It reacts violently with water;

3. It forms potentially explosive mixtures with water;

4. When mixed with water, it generates toxic gases, vapors or fumes
in a quantity sufficient to present danger to human health or the
environment;

5. It is a cyanide- or sulfide-bearing waste which, when exposed to
PH conditions between 2 and 12.5, can generate toxic gases,
vapors or fumes in a quantity sufficient to present a danger to
human health or the environment;

6. It is capable of detonation or explosive reaction if subjected to a
strong initiating source or if reacted under confinement; or

7. It is readily capable of detonation or explosive decomposition or
reaction at standard temperature and pressure;

(hh) Resource recovery refers to. the collection, extraction or recovery of

(ii)

@

recyclable materials from the waste stream for the purpose of
recycling, generating energy or producing a product suitable for
beneficial use;

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 to reduce the volume of waste
for collection and disposal. This also refers to separating radioactive
wastes according to level of activity, physical form and half-life;

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;

(kk)Storage refers to the containment of hazardous and radioactive

ay

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;

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

7


ene

Nous

©

10
1
12

13
14
15

16
7

18
19
20
2

23
24
73
26
27
28
29
30

31
32
33
34
35
36
37

38
39

41
42

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;

(mm) 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;

(nn) 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

(00) 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

8


eone

10
n

12
13

14

26

27

28

29

31
32

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 shall include, but not limited
to, the following:

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

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

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

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

(©) 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;

(c) Goals and targets for waste reduction;
(d) Period of compliance for waste reduction;
() Information and education campaign;
(f) Human resources development; and
(g) Roles and responsibilities of relevant government agencies.
The Framework shall be adopted as the official blueprint for hazardous and

radioactive wastes management with which all relevant government
agencies must comply.


Nouswne

9
10

22
13
14
15

17
18
19

20
2a

22
23
24

25
26
27

29

31
32
33
34

35

36
37

39

SEC. 9. Use of BAT and 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 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;

(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 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;

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

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

(g) The waste generator of radioactive wastes shall secure an authority
from the PNRI for the transport of radioactive wastes to the treatment
facility.

10


Nousune

32
33

35
36
37

38
39

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 (DOT), shall establish requirements
applicable to transporters of hazardous and radioactive wastes necessary
to protect human health and the environment. These requirements shail
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 DOT;

() Transport of wastes only if properly labeled,

(4) 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;

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

(f) 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.

fe

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 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;

(d) Waste acceptance requirements and procedures, approved by the

DENR, the DOH and the PNRI, for different types of hazardous and
radioactive wastes packages; and

etl


Pers

13
14
15

16
7
18
19

24
25
26

27

28
29

31
32

33

35
36
37

(c) 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 noncommercial

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
bioaccumulate 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.

12


25
26
27
28

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 nonprecious metals and oil
recyclers;

(c) Other off-site treatment facilities.

Facilities in this category are those facilities that receive hazardous
wastes outside the premises and transform physical and/or chemical
characteristics of hazardous wastes in order to dispose of them into
landfills;

(t) 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.

13


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 iér 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
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 III
RADIOACTIVE WASTES

14


wewne

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.

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.

15


on

woruaue

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 nonradiological 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 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 10
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;

16


(©) 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;

(f) 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 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-

17


20
21

22
23

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;

(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;

(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;

18


1
12
13
14
15

16
7

() 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;

() 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

19


10
1
12
13
14
15
16

17
18

19
20

2a

23
24

25
26

29

31

32
33

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

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

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

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

(©) Develop and promulgate the rules and regulations on the radioactive
wastes management pursuant to Section 22 hereof;

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

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

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

SEC. 36. Role of LGUs. — The LGUs shall perform the following duties
and responsibilities:

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

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

(c) Ensure the proper segregation and collection of special hazardous
wastes;

(@) Develop government and community preparedness and
responsiveness for emergencies arising from hazardous and
radioactive wastes;

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

20


Nousw wn

10
uw
12
13
14
15
16
7
18
19

2
22
23
24

(f) Enact appropriate ordinances to implement the LGUs' role in this
Act.

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

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

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

(e) 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;

(1) 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

(r) 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.

2a


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;

(©) PNRI of the DOST;

(@ Industrial Technology Development Institute of the DOS T;

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

(f) Bureau of Soil and Water Management of the Department of

Agriculture (DA);

(g) Fertilizer and Pesticide Authority of the DA;

(h) Bureau of Customs of the Department of Finance (DOE);

() Bureau of International Trade Relations of the DTI

(j) BOI of the DTI;

(k) Bureau of Import Services of the DTI;

() DND;

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

(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

(x) 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

22


37
38

the effective enforcement of this Act and its implementing rules and
regulations. This section shall not apply to private dwelling places unless
the visitorial power is otherwise judicially authorized.

CHAPTER VII
PERMITS AND FEES

SEC. 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.

23


22
23

24
25

26

27

28
29

31

32

34
35
36
37

(©) 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.

SEC. 43. Hazardous Waste Disposal Fee. — All hazardous waste disposal
facilities shall collect, on behalf of the government, from each hazardous
waste generator or transporter disposing such waste at the disposal site, a
fee that shall accrue to the 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;

(©) 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 which shall be established after due public consultation, shall be
based on the quantity of waste disposed.

CHAPTER VIII
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

24


13
14
15
16
7
18
19
20

21
22

23
24
25
26
27

29

31
32

34
35

37
39

40
41

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.

CHAPTER Ix
INCENTIVES

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

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

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

25


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

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

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

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

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

(d) Financial Assistance Program — Government financial institutions
such as the Development Bank of the Philippines (DBP), the Land
Bank of the Philippines (LBP), the Government Service Insurance
System (GSIS) and such other government institutions providing
financial services shall, in accordance with and to the extent allowed
by the enabling provisions of their respective charters or applicable
laws, accord high priority to extending financial services to
individuals, enterprises or private entities engaged in hazardous,
radioactive, medical and special hazardous wastes management.

(©) 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

26


35

36
37

purpose of developing their technical capacities toward actively
participating in the program for effective and sustainable waste
management.

(f) 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;

(©) Causing or permitting the collection of unsegregated or unsorted
hazardous wastes;

(4) Operating a TSDF without permit issued pursuant to this Act;
(e) Transporting hazardous or radioactive wastes without the required

permit or license pursuant to this Act;

27


v

wo

a

10

ee
12

2B
14
15
16
7

18
19
20
2
22
23
24

25
26

28

29

32

33
34

35
36

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

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

(h) Establishment and operation of open and controlled dumps for
hazardous or radioactive wastes;

(i) Transporting and dumping of collected hazardous or radioactive
wastes in areas other than the facilities prescribed under this Act,

(j) 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;

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

(m)Making any false material statement, representation or certification
in any application, label, permit, record, report, manifest or other
document filed, maintained or required to be maintained under this
Act;

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

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

(p) Owning, maintaining or operating any hazardous or radioactive
waste disposal facility in a manner which permits any act or
hazardous waste management practice in violation of standards or
rules and regulations issued pursuant to this Act;

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

() Importing or causing or permitting the entry, even in transit, of any
hazardous or radioactive waste into Philippine territory in violation


auaw n

wan

of the provisions of this Act and its implementing rules and
regulations and relevant international agreements and protocols;

(s) Constructing, substantially altering or operating, including all post-
closure activities and operations specified in the rules and
regulations, a hazardous or radioactive waste TSDF without first
obtaining a permit as specified in this Act; and

() Site preparation, construction, expansion or operation of TSDFs
without an ECC required pursuant to Presidential Decree No. 1586
and this Act.

For purposes of this provision, the term "hazardous waste" shall include
special hazardous and healthcare waste.

SEC. 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 (P50,000.00) but not more than one million pesos (P1,000,000.00)
for every violation: Provided, That for violation of Section 49 involving
prohibited acts under paragraphs (a), (g), (h), (i), (1), (p), (s) and (t), 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 deteiTent 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.

29


w

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), (d), (e), (g), (k), (I) 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 nonpayment
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.

In these cases, 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 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:


1

Nous

(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.

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.

EC. 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.

31


ws v

wars

20
24

22
23

24
25

26
27
28
29

31
32

33

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;

(©) 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;

(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.

32


ewNne

2
13
14

15
16
17

18
19

20
21
22
23
24
25
26

27
28
29
30
31
32
33
34
35
36
37

39

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

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

SEC. 58. Environmental Education in the Formal and Non-formal
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

33


ne

warvauaw

10

12

13
14
15
16

18
19
20

21
22

23
24
25
26
27

29

31
32
33

35
36
37
38
39

this Act, the funding of which shall be included in the annual General
Appropriations Act.

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 (I) year
after the effectivity of this Act, the DENR, the DOH, and the PNRI 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 ofthe
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 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,

35