FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES) 
First Regular Sessiou 
) 
SENATE 
S. 'NO. 402 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
Republic Act 6969, also known as the Toxic Substances and Hazardous and Nuclear Wastes 
Control Act of 1990, has been inadequate to meet the many concerns pertaining to the 
management of hazardous and nuclear wastes in the country. The law merely provides that it 
prohibits the entry, even in transit of hazardous and nuclear waste into our territory. Moreover, 
Republic Act 9003 otherwise known as the Solid Waste Management Act does not, cover 
medical waste, which, almost often than not, an: hazardous to health. Hence, many cases 
involving hazardous wastes are not properly resolved since enforcement is also hampered. 
Thus, this bill seeks to address the problems created by hazardous healthcare and radioactive 
wastes through the enactment of the Hazardous and Radioactive Waste Management Act. It is 
imperative therefore that this type of waste be properly treated before it is released in the 
environment in order to prevent the spread of diseases and its catastrophic effect. Furthermore, 
this bill aims to provide a guideline for the proper handling, treatment and tracking of medical 
waste. It intends to advance the protection of human health and the environment from the 
potential risks of hazardous and radioactive wastes within the framework of sustainable 
development. In terms of penalties, this bi\1 strengthens enforcement through additional 
sanctions and higher penalties for any violation of the provisions of the law. 
In view of the foregoing, the early passage of this bi\1 is earnestly sought. 
~so~J;.~LANES 
W 
Senator 
1 


\ 
FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES) 
First Regular Session 
) 
SENATE 
S. ~o. 402 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
AN ACT 
PROVIDING FOR A COMPREHENSIVE HAZARDOUS AND RADIOACTIVE 
WASTES MANAGEMENT, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, 
AND FOR OTHER PURPOSES 
Be it enacted in the Senate and House ~f Representatives of the Philippines in Congress 
assembled 
CHAPTER I 
GENERAL PROVISIONS 
I 
SECTION 1. Short Title. - This Act shall be known as the "Philippine Hazardous and 
2 
Radioactive Wastes Management Act". 
3 
4 
SEC 2. Declaration of Policy. - It is hereby declared the policy of the State to advance 
5 
the protection of human health and the environment from the potential risks of hazardous and 
6 
radioactive wastes within the framework of sustainable development. Towards this end, the State 
7 
shall: 
8 
(a) Develop and implement national and local integrated and comprehensive hazardous and 
9 
radioactive wastes management programs focusing on pollution prevention and resource 
10 
conservation recovery, which shall: 
11 
(1) Improve wastes management techniques, organizational arrangements, methods of collection, 
12 
separation and recovery of wastes; 
13 
(2) Promote environmentally safe disposal of residues; 
14 
(3) Minimize the generation of hazardous and radioactive wastes by encouraging cleaner 
15 
production, process substitution, resource recovery, recycling and reuse, and treatment; and 
16 
(4) Institutionalize public participation in the development and implementation of such 
17 
programs; 
18 
(b) Promulgate guidelines for the generation, collection, segregation, transport, recovery, storage, 
19 
treatment and disposal of hazardous and radioactive wastes including emergency and 
20 
contingency plans for accidents involving such wastes; 
1 


) 
1 
(c) Prohibit the entry, even in transit, of hazardous and. radioactive wastes into the Philippine 
2 
territorial limits for whatever purpose consistent with multilateral international agreements and 
3 
protocols; 
4 
(d) Promote a national research and development program for improved hazardous and 
5 
radioactive wastes management and resource conservation techniques; 
6 
(e) Formulate and enforce a system of accountability for generators, induding the promotion of 
7 
extended producer responsibility, product stewardship and responsible care program; 
8 
(t) Promote international environmental standards on wastes management; and 
9 
(g) Strengthen the integration of hazardous and radioactive wastes management and resource 
10 
conservation and recovery topics into the academic curricula of formal and non-formal education 
11 
in order to promote environmental awareness and action among the citizenry, 
12 
13 
SEC. 3. Coverage of the Act. - This Act shall apply to the generation, possession, 
14 
collection, recovery, reuse, storage, transport, treatment and disposal of hazardous and 
15 
radioactive wastes in the country for whatever purposes: PrOVided, That this Act shall cover the 
16 
entry of such wastes, even in transit, into the Philippine territorial limits, 
17 
SEC. 4. Definition ~r Terms. - As used in this Act, 
18 
(a) "Abandoned underground mines" refer to worked out mineral mmes with deep shafts 
19 
extending to about one thousand (1,000) to two thousand (2,000) thousand feet below the ground 
20 
surface, 
21 
(b) "Best available techniques (BAT)" refer to any technology that shall take into consideration 
22 
costs and beI\efits of a measure as well as precaution and prevention such as, but not limited to: 
23 
(1) the nature, effects and mass of releases concerned; 
24 
(2) consumption and use of raw materials in the process and its energy efficiency; 
25 
(3) the need to prevent or reduce to a minimum the overall impact of releases to the environment; 
26 
and 
27 
(4) ensure occupational heaJth and safety at the workplaces. 
28 
(c) "Best environmentaJ practices (BEP)" refer to practices that are generally accepted as 
29 
"environmentally friendly", taking into consideration the nature, traditions and culture of the 
2 


) 
1 
locality. For this purpose, technological advances and changes in scientific knowledge and 
2 
understanding shaII likewise be considered in determining acceptable practices in preserving the 
3 
environment. 
4 
(d) "Borehole facilities" shall refer to those that entail the emplacement of solid radioactive 
5 
wastes in an engineered facility of relatively narrow diameter bored and operated directly from 
6 
the surface. It covers a range of design concepts with depths ranging from a few meters up to 
7 
several hundred meters, and their diameters can vary from a few tens of centimeters up to more 
8 
than one (I) meter. 
9 
(e) "Carcinogen" refers to any substance that can cause or contribute to the incidence of cancer; 
10 
(f) "Collection" refers to the act of removing hazardous waste from the source or from a storage 
II 
point. 
12 
(g) "Constru'ction" refers to the erection or building of new structures. 
13 
(h) "Contaminated sites" refer to places or spots where the soil quality exceeds the soil standards 
14 
set pursuant to Section 17 hereof. 
15 
(i) "Corrective action" refers to the steps taken to assess; prioritize and clean up hazardous and 
16 
radioactive wastes from the treatment, storage and, disposal facilities (TSDFs) and/or 
17 
contaminated sites in order to protect health and the environment. 
18 
(j) "Corrosivity" refers to a state where the waste has either of the foIIowing properties: (1) it is 
19 
aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5; (2) it is a liquid and 
20 
corrodes steel (SAE 1020) at a rate greater than 6.35 mm. (0.250 inch) per year at a test 
21 
temperature of 55°C (130°F). 
22 
(k) "Degradability" refers to the ability of a compound to .be reduced to simpler fonus through a 
23 
breakdown of its structure. 
24 
(I) "Deep injection" well means a weII used for subsurface injection of waste fluids and solids 
25 
derived from industries such as geothermal and oil and gas into an injection zone. 
26 
(m) "Department" means the Department of Environment and Natural Resources (DENR). 
27 
(n) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of 
28 
any hazardous and radioactive wastes into or on any land or water so that such wastes, or any 
3 


1 
constituent. thereof, may enter the environment or be emitted into the air or discharged into any 
2 
waters, including ground waters. 
3 
(0) "Generation" refers to the act or process of producing hazardous and radioactive wastes. 
4 
(p) "Generator" refers to a person, natural or juridical, who produces hazardous and radioactive 
5 
wastes. 
6 
(q) "Geological repository" refers to the isolation of high level radioactive waste using a system 
7 
of engineered and natural barriers at depths up to several hundred meters in a geologically stable 
8 
formation. 
9 
(r) "Hazardous wastes" refer to substances discarded from commercial and industrial 
10 
establishments, institutions and healthcare facilities which, because of the concentration, or 
11 
physical, chemical or infectious characteristics, may cause or significantly contribute to increases 
i 2 
in mortality or serious illnesses, or pose an unreasonable risk and potential threat to human 
13 
health and the environment. 
14 
(s) "Hazardous and radioactive wastes management" means the systematic administration of 
15 
activities which provide for the identification, listing, collection, segregation, storage, transport, 
16 
recovery, reuse, processing, reprocessing, treatment and disposal of hazardous and radioactive 
17 
wastes. 
18 
(t) "Healthcare waste" refers to waste that is generated or produced as a result of the following 
19 
activities: diagnosis, treatment or immunization of human beings or animals; research pertaining 
20 
to the above· activities; production or testing of biological and waste originating from minor or 
21 
scattered sources. 
22 
(u) "Ignitability" refers to the characteristic used to define as hazardous wastes that could cause a 
23 
fire during transport, storage or disposal. A waste exhibits the characteristics of ignitability if a 
24 
sample of the waste has any of the following properties: (1) it is a liquid that has a flash point of 
25 
less than 60°C (140°F); (2) it is not a liquid and is capable, under standard temperature and 
26 
pressure, of causing fire through friction, absorption of moisture or spontaneous chemical 
27 
changes and, when ignited, burns so vigorously and persistently that it creates a hazard; (3) it is 
28 
an ignitable gas; or (4) it is an oxidizer. 
4 


1 
(v) "Injection zone" refers to a geological formation, group offormation or a part ofa formation 
2 
located below the underground source of potable water, and which receives waste fluids or solids 
3 
through a deep injection well. 
4 
(w) "International environmental standards" refer to the requirements or standards under existing 
5 
international environmental agreements to which the Philippines is a party. 
6 
(x) "LandfiJI" refers to a waste disposal site designed, constructed, operated and maintained in a 
7 
manner that exerts engineering control over significant potential environmental impacts arising 
8 
from the development and operation of the facility. 
9 
(y) "Land disposal" refers to the placement of hazardous 'and radioactive wastes on the surface, 
10 
near surface and at depths within the soil column. 
t I 
(z) "Land treatment or land farming" refers to a managed technology that involves the controlled 
12 
application of waste on the soil surface and/or the incorporation of waste or contaminated soils 
13 
into the upper soil zone. 
14 
(aa) "Levell hospital" refers to an emergency hospital that provides: 
15 
(1) initial clinical care and management to patients requiring immediate treatment, as well as 
16 
primary care on prevalent diseases in the locality; 
17 
(2) clinical services that include general medicine, pediatrics, obstetrics and nonsurgical 
18 
gynecology and minor surgery; 
19 
(3) general administrative service and may provide ancillary services (primary clinical 
20 
laboratory, first level radiology, pharmacy); and 
21 
(4) nursing care for patients who require minimal category of supervised care for twenty-four 
22 
(24) hours or longer. 
23 
(bb) "Level 2 hospital" refers to a non-departmentalized hospital that provides: 
24 
(1 ) clinical care and management on prevalent diseases in the locality; 
25 
(2) clinical services that include general medicine, pediatrics, obstetrics and gynecology, 
26 
surgery and anesthesia; 
27 
(3) appropriate administrative and ancillary services (secondary clinical laboratory, first level 
28 
radiology, pharmacy); and 
5 


1 
(4) nursing care provided in the level I hospital as well as intermediate, moderate and partial 
2 
category of supervised care for twenty-four (24) hours or longer. 
3 
(cc) "Level 3 hospital" refers to a departmentalized hospital that provides: 
4 
(1) clinical care and management on prevalent diseases in the locality as well as particular forms 
5 
oftreatment, surgical procedure and intensive care; 
6 
(2) clinical services provided in the level 2 hospital as well as specialty clinical care; 
7 
(3) appropriate administrative and ancillary services (tertiary clinical laboratory, second 
8 
radiology, pharmacy); and 
9 
(4) nursing care provided in the level 2 hospital as well as total and intensive skilled care 
10 
(dd) "Manifest or consignment note" refers to a form prescribed by the Department and the 
11 
Philippine Nuclear Research Institute (PNRI) accompanying hazardous and radioactive wastes 
12 
from the point of generation, through transport, to final disposition. 
13 
(ee) "Military munitions" refer to all types of both conventional and chemical ammunition 
14 
products and their components produced by or for the military for national defense and security, 
15 
including munitions produced by other parties under contract with or acting as agent for the 
16 
Department of National Defense (DND). 
, 
17 
(ft) "Mined cavities" refer to the emplacement of radioactive waste at some depths inside mines 
18 
or caverns which is either man-made or natural. 
19 
(gg) "Mutagens" refer to any substance that can cause a change in genetic material. 
20 
(hh) "Near surface facilities" refer to the disposal of radioactive wastes with or without 
21 
engineered barrier on or below ground surface where the final protective covering is of the order 
22 
of a few meters thick or in caverns a few tens of meter below the earth's surface. 
23 
(ii) "On-site treatment facilities" refer to facilities of generators who treat their own hazardous 
24 
and radioactive wastes, either by themselves or through a service provider, inside their facilities 
25 
in compliance with waste acceptance criteria promulgated by the Department, the Department of 
26 
Health (DOH) and the PNRI. 
27 
jj) "Open burning" refers to the low temperature thermal destruction of wastes by means of direct 
28 
exposure to fire. For this purpose, this shall apply to the traditional small-scale methods of 
29 
community sanitation called "siga". 
6 


I 
(kk) "Partial treatment" refers to any process used to modify the characteristics of a hazardous or 
2 
radioactive waste without totally negating its hazardous characteristics. This may include volume 
3 
reduction, conditioning, moisture reduction and neutralization, among others. 
4 
(II) "Persistence" refers to the substantial length of time a compound, once introduced into the 
5 
environment, stays there, or the property of a substance whose half-life in water, sediment or soil 
6 
exceeds duration of fifty (50) days. 
7 
(mm) "Person(s)" refers to any being, natural or juridical, susceptible of rights and obligations, 
8 
or of being the subject of legal relations. 
9 
(nn) "People's organization (PO)" refers to a nonprofit and non-stock association of citizens in a 
10 
locality, embracing a common goal to protect the environment and, ultimately, public health. 
11 
(00) "Radioactive wastes" refer to materials that contain or are contaminated with radionuclides 
12 
at concentrations or activities greater than clearance levels as established by the PNRI. This also 
13 
refers to disused sealed sources for which no use is foreseen: 
14 
(pp) "Reactivity" refers to the state of a waste material, or a representative sample of the waste 
15 
material, exhibiting any of the following properties: 
16 
(I) It is normally unstable and readily undergoes violent change without detonating; 
17 
(2) It reacts violently with water; 
18 
(3) It forms potentially explosive mixtures with water; 
19 
(4) When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to 
20 
present danger to human health or the environment; 
21 
(5) It is a cyanide- or sulfide-bearing waste which, when exposed to pH conditions between 2 
22 
and 12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to 
23 
human health or the environment; 
24 
(6) It is capable of detonation or explosive reaction if subjected to a strong initiating source or if 
25 
reacted under confinement; or 
26 
(7) It is .readily capable of detonation or explosive decomposition or reaction at standard 
27 
temperature and pressure. 
7 


1 
(qq) "Resource recovery" refers to the collection, extraction or recovery of recyclable materials 
2 
from the waste stream for the purpose of recycling, generating energy or producing a product 
3 
suitable for beneficial use: Provided, That such resource recovery facilities exclude incineration. 
4 
(rr) "Recycling" refers to the process of minimizing the 'generation of wastes by recovering 
5 
usable products that might otherwise become waste. 
6 
(ss) "Segregation" refers to a wastes management practice of separating different materials found 
7 
in hazardous waste in order to promote recycling and reuse of resources and to reduce the 
8 
volume of wastes for collection and disposal. This also refers to separating radioactive wastes 
9 
according to level of activity, physical form and half-life. 
10 
(tt) "Special hazardous wastes" refer to substances discarded from households consisting of 
11 
consumer or industrial goods or products which become hazardous at the end of its useful life by 
12 
virtue of its hazardous content which may be released to the environment upon indiscriminate 
13 
disposal. 
14 
(uu) " Storage" refers to the containment of hazardous and radioactive wastes, either on a 
15 
temporary· basis or for a period of years, consistent with the guidelines as prescribed by the 
16 
Department and in such a manner as not to constitute disposal of such wastes. 
17 
(vv) "Surface impoundments" refer to pits, ponds, lagoons and dike areas that are either natural 
18 
topographic depressions or man-made excavations that are primarily of earthen materials. They 
19 
are designed and constructed to hold or store, treat an,d/or dispose liquid waste or waste 
20 
containing free liquids through processes such as evaporation, cooling, aeration, photo 
21 
decomposition and/or settling. 
22 
(ww) "Sustainable development" refers to development which meets the needs of the present 
23 
without compromising the ability of future generations to meet their own needs. 
24 
(xx) "Special hazardous wastes collectors" refer to entities which receive or collect special 
25 
hazardous wastes under a take-back program or similar collection mechanism for the purpose of 
26 
consolidating the wastes from households or consumers, preparatory to delivery to an accredited 
27 
recycling or treatment facility. 
28 
(yy) "Technical demonstration" refers to the initial exhibition of a new technology process or 
29 
practice, or a significantly new combination or use of technologies, processes or practices, 
8 


1 
subsequent to the development stage, for the purpose of proving technological feasibility and 
2 
cost effectiveness. 
, 
3 
(zz) "Level 4, hospital" refers to a teaching and training hospital (with at least one (1) accredited 
4 
residency fraining program for physicians) that provides: 
5 
(1) clinical care and management on prevalent diseases in the locality as well as specialized and 
6 
sub-specialized forms of treatment, surgical procedure and intensive care; 
7 
(2) clinical services provided in the level 3 hospital as well as sub-specialized clinical care; 
8 
(3) appropriate administrative and ancillary services (tertiary clinical laboratory, third level 
9 
radiology, pharmacy); and 
10 
(4) nursing care provided in the level 3 hospital as well as continuous and highly specialized 
11 
critical care. 
12 
(aaa) "Thermal treatment" refers to the controlled heating which involves a prescribed beating 
13 
rate, maximum temperature and cooling cycle to produce the property and grain structure 
14 
required. 
15 
(bbb) "Toxicity" refers to the degree of danger posed by a substance to human or animal due to 
16 
its acute lethality, chronic and sub-chronic toxicity, carcinogenicity, teratogenicity or 
17 
mutagenicity, among others. 
18 
(ccc) "Treatment" refers to any method, technique or process designed to change the physical, 
19 
chemical or biological character or composition of any hazardous and radioactive wastes so as to 
20 
render such waste non-hazardous, safer for transport, amenable for recovery, amenable for 
21 
storage or reduced in volume. 
22 
(ddd) "TreatJ;nent, storage and disposal facility (TSDF)" refers to a site where a hazardous 
23 
substance is 'treated, stored or disposed. 
24 
(eee) "Waste acceptance criteria" refers to a list of parameters which describe the minimum 
25 
characteristics which the waste should possess before it may be placed or accepted in a TSDF. 
26 
27 
28 
29 
CHAPTER 
MANAGEMENT SYSTEM 
9 


1 
SEC. 5. Identification and Listing of Hazardous Wastes. - Within six (6) months from 
2 
the effectivity of this Act, the Department shall, after notice and public consultation, develop, 
3 
formulate and publish criteria for identifying and listing the characteristics of hazardous wastes, 
4 
taking into account, but not be limited to, toxicity, persistence, reactivity and degradability in 
5 
nature, potential for accumulation in tissue, and other related factors such as ignitability, 
6 
corrosivity and other hazardous characteristics. Such criteria shall be reviewed and revised every 
7 
four (4) years thereafter, or as the need arises: Provided, That the Department, in coordination 
8 
with the DOH and the PNRI, shall also identify or list those hazardous and radioactive wastes 
9 
that contain certain constituents such as identified carcinogens, mutagens or teratogens that 
10 
endanger human health: Provided, further, That the Department, in coordination with the DND 
11 
and appropriate government agencies, shall formulate criteria for identifying when military 
12 
munitions. become hazardous and radioactive wastes: Provided, finally, That within six (6) 
13 
months from the effectivity of this Act, the Department, in coordination with the Department of 
14 
Trade and Industry (DTI) and the Department of the Interior and Local Government (DILG), 
15 
after public consultation, shall formulate criteria for identifying and listing the categories of 
16 
special hazardous waste products to be tracked and regulated, taking into account, but not be 
17 
limited to, the presence oftoxicity, reactivity, ignitability and corrosivity. 
18 
19 
SEC. 6. Notification of Hazardous and Radioactive Wastes Activity. - Upon the 
20 
effectivity of this Act, any person generating or managing hazardous or radioactive wastes is 
21 
required to notify in writing the Department, the DOH and the PNRI of their hazardous or 
22 
radioactive wastes activities specifying, among others, the types of wastes, quantities and 
23 
containers used for storage, including incidents involving hazardous and radioactive wastes. 
24 
25 
SEC. 7. National Hazarllous and Radioactive Wastes Status Report. - The Department, 
26 
in coordination with the DOH, the PNRI and other concerned agencies, shall, within six (6) 
27 
months, publish a Wastes Management Status Report which shall be used as a basis ill 
28 
formulating the National Hazardous and Radioactive Wastes Management Framework provided 
29 
in Section 8 of this Act. 
10 


The said report shall include, but shall not be limited to, the following: 
2 
(a) Inventory of existing hazardous and radioactive wastes and their depots and facilities; 
3 
(b) General waste characterization, taking into account, but not be limited to, the source, type 
4 
and quantity of hazardous and radioactive wastes generated; 
5 
(c) Projection of hazardous and radioactive wastes generation, including quantity for reduction, 
6 
recovery and reuse; 
7 
(d) Listing oftreatment, storage and disposal facilities, including transporters of hazardous and 
8 
radioactive wastes; and 
9 
(e) Listing of identified contaminated sites. 
10 
SEC. 8. National Hazartlous ancl Radioactive Wastes Management Framework. Within 
11 
eighteen (18) months from the effectivity of this Act, the Department, in coordination with the 
12 
DOH, the PNRl and other appropriate agencies and entities, shall prepare and formulate a 
13 
National Hazardous and Radioactive Wastes Management Framework, herein referred to as the 
14 
Framework, that shall embody policies established pursuant to this Act. Specifically, the 
15 
Framework shall contain the following: 
16 
(a) Hazardous and radioactive wastes control strategies and techniques; 
17 
(b) Proper hazardous and radioactive wastes transport, treatment, storage and disposal systems; 
18 
(c) Waste reduction goals and· targets; 
19 
(d) Period of compliance for waste reduction; 
, 
20 
(e) Information and education campaign; 
21 
(f) Human resources development; and 
22 
(g) Roles and responsibilities of relevant government agencies. 
23 
The framework shall be adopted as the official blueprint for hazardous and radioactive wastes 
24 
management with which all relevant government agencies must comply with. 
25 
26 
SEC. 9. Use of Best Available Technology ancl, Best Environmental Practices in 
27 
Hazarclous anti Radioactive Wastes Management - Generators and owners of treatment, 
28 
storage and disposal facilities are required to use best available technologies and best 
29 
environmental practices (BATIBEPj in hazardous and radioactive wastes management. The 
11 


1 
Department, in coordination with the Inter-Agency Technical Advisory Council (IAT AC) 
2 
created herein, shall formulate criteria in assessing the proposed BATIBEP to be used. In the 
3 
formulation of these criteria, consideration shall be given, among others, to the relative economic 
4 
feasibility of the technology. Further, such technology shall render the waste sufficiently low in 
5 
toxicity, reactivity, corrosivity and ignitability as to present the least possible risk to human 
6 
health and safety and to the environment. 
7 
8 
SEC.,tO. Requirements for Generators of Hazarllous ami Radioactive Wastes. - Within 
9 
six (6) months after the effectivity of this Act, the Department, the DOH and the PNRI shall 
10 
establish requirements for generators of such hazardous and radioactive wastes necessary to 
11 
protect human health and the environment. These requirements shall ensure that the generators 
12 
shall be responsible for the proper management of the wastes generated and bear the costs for 
13 
proper storage, transport, treatment and disposal of such wastes. Further, such requirements shall 
14 
include, but not be limited to, the following: 
15 
(a) Recordkeeping practices that accurately identifY the quantities of such hazardous and 
16 
radioactive wastes generated, the constituent thereof which are significant in quantity or in 
17 
potential harm to human health or the environment, and the disposition of such wastes; 
18 
(b) Use of appropriate storage facilities and containers to prevent release of materials to the 
19 
environment; 
20 
(c) Labeling practices for any containers used for the storage, transport or disposal of such 
21 
hazardous and radioactive wastes that will identifY accurately such wastes; 
22 
(d) Use of a manifest or consignment note system and any other means necessary to assure that 
23 
all hazardous and radioactive wastes generated are designated for treatment, storage or disposal 
24 
in, and arrived at TSDFs with appropriate permit issued pursuant to this Act; 
25 
( e) Emergency and contingency plans for effective action to minimize damage and contain and 
26 
mitigate effects of spills and accidents in connection with the generation, transport, storage or 
27 
disposal of such wastes; 
, 
28 
(f) When it is necessary to transport the wastes, the generators shall only engage the services of 
29 
transporters and the TSDFs holding permits issued pursuant to this Act; and 
12 


1 
(g) In the case of radioactive wastes, the wastes generator is required to submit a certificate of 
2 
transport from their radiological health and safety officer (RHSO) for the transport of radioactive 
3 
wastes to the treatment facility. 
4 
5 
SEC. 11. Requirements Applicable to Transporters of Hazardous and Ratlioactive 
6 
Wastes. - Within six (6) months after the effectivity of this Act, the Department, in coordination 
7 
with the DOH, the PNRI and the Department of Transportation and Communications (DOTC), 
8 
shall establish requirements applicable to transporters of hazardous and radioactive wastes 
9 
necessary to protect human health and the environment.. Such requirements shall include, but 
10 
need not be limited to, the following: 
11 
(a) Recordkeeping concerning such wastes transported, and their source and delivery points; 
12 
(b) Use of carriers duly registered with the DOTC; 
13 
(c) Transport of wastes only ifproperJy labeled; 
14 
(d) Transport of wastes only to the TSDF which the generator designates in the manifest form to 
15 
be a facility holding appropriate permit issued pursuant to this Act; 
16 
(e) Emergency and contingency plans for effective action to minimize damage and contain and 
17 
mitigate eff~cts of spills and accidents in connection with the transport of such wastes; and 
18 
(f) Coordination with other concerned government agencies in the event that transport of such 
19 
hazardous and radioactive wastes to the designated TSDF requires security escort or police 
20 
protection/assistance. 
21 
22 
SEC. 12. Requirements Applicable to Owners of Hazardous and Radioactive Wastes 
23 
Treatment, Storage and Disposal Facilities. - Within six (6) months after the effectivity of this 
24 
Act, the Department, in coordination with the DOH and the PNRI, shall establish requirements 
25 
applicable to owners of the TSDFs of hazardous and radioactive wastes necessary to protect 
26 
human health and the environment: Provided, That the 'Department, the DOH and the PNRI 
27 
shall, where applicable, distinguish requirements appropriate for new and existing facilities at the 
28 
time of the effectivity of this Act. Such requirements shall include, but need not be limited to, the 
29 
following: 
13 


I 
(a) Performance standards for the design, construction, operation, maintenance and monitoring of 
2 
the facility; 
3 
(b) Requirements and standards to ensure adequate resources, including human and financial, 
4 
throughout the life cycle of the facility; 
5 
(c) Requirements and standards for the closure, decommissioning and post-closure care, 
6 
monitoring and maintenance and use of the facility; 
7 
(d) Waste 'acceptance requirements and procedures, approved by the Department, the DOH and 
8 
the PNRI, for different types of hazardous and radioactive wastes packages; and 
9 
( e) Management, engineering controls and use of personnel protective equipment to minimize 
10 
exposure of workers to the hazardous wastes and medical surveillance of workers directly 
11 
involved in the collection, transport, storage or disposal of hazardous wastes, 
12 
SEC. 13. Categories of TSDFs for Hazardous and Radioactive Wastes. - Within 
13 
six (6) months after the effectivity of this Act, the Department shall formulate specific, relevant 
14 
and appropriate standards, including waste acceptance criteria, for the various categories of 
15 
TSDFs identified hereunder: Provided, That no waste shall be accepted unless it complies with 
16 
the waste acceptance criteria formulated pursuant to this Act: Provided, further, That the 
17 
Department shall revise, as the need arises, the regulations, standards and guidelines applicable 
18 
to the categories listed hereunder, taking into account improvements in the technology of control 
19 
and measurement: Provided, finally, That such regulations shall specify criteria for the 
20 
acceptable location of new and existing TSDFs as necessary to protect human health and the 
21 
environment. 
22 
The categories of TSDFs are as follows: 
23 
(a) Facilities that conduct on-site storage, treatment and disposal of hazardous wastes generated 
24 
or produced at the premises through industrial or commercial processes and activities other than 
25 
disposal via sewer - The Department shall encourage on-site treatment of hazardous wastes by, 
26 
among others, providing for incentives: Provided, That generators who undertake partial 
27 
treatment of wastes shall not be considered as on-site facility operators for purposes of this 
28 
category: Provided, however, That mining operations shall fall under this category; 
29 
(b) Commercial or industrial hazardous wastes thermal treatment facilities; 
14 


1 
(c) TSDFs in this category are facilities that conduct on-site and off-site thermal treatment: 
2 
Provided, That the Department shall promulgate regulations on hazardous wastes used as fuel 
3 
and raw material: Provided, forther, That the Department may also exempt from the 
4 
requirements hereof facilities which bum de minimis quantities of hazardous wastes as fuel, as 
5 
defined by the Department, if: 
6 
(1) the wastes are burned at the same facility at which such wastes are generated; 
7 
(2) the waste is burned to recover useful energy, as determined by the Department on the basis of 
8 
the design and operating characteristics of the facility and the heating value and other 
9 
characteristics of the waste; and 
10 
(3) the waste is burned in a type of device determined by the Department to be designed and 
11 
operated at a destruction and removal efficiency sufficient such that the protection of human 
12 
health and environment is assured; 
13 
(d) Landfills that accept hazardous wastes for disposal- The Department shall, after due review 
14 
and public consultation, promulgate regulations concerning the prohibition of specified 
15 
hazardous. wastes in landfills: Provided, That the placement of such specified hazardous wastes in 
16 
landfills may be allowed upon determination by the Department that the prohibition for disposal 
17 
of such waste in landfills is not required in order to protect human health and the environment 
18 
for as long as the waste remains hazardous, taking into account the following factors: 
19 
(I) The long-term till certainties associated with land disposal; 
20 
(2) The goal of managing hazardous wastes in an appropriate manner in the first instance; and 
21 
(3) The persistence, .toxicity, mobility and propensity to bio-accumulate such hazardous wastes 
22 
and their hazardous constituents. 
23 
For this purpose, disposal of hazardous wastes in landfills is deemed to be protective of human 
24 
health and the environment if it is determined that there will be no migration of hazardous 
25 
constituents of the wastes from the disposal unit or injection zone: Provided, however, That the 
26 
disposal of any liquid in landfills shall be prohibited: Provided, forther, That the disposal in 
27 
landfills of wastes containing hazardous solvents, pesticides and polycyclic hydrocarbons such 
28 
as, among others, furans and dioxins, as determined by the department, after public consultation, 
29 
is prohibited unless the Department determines the prohibition of the disposal of such waste is 
15 


, 
I 
not required in order to protect human health and the environment for as long as the waste 
2 
remains hazardous, taking into account the factors referred to in subparagraphs (I) to (3) of this 
3 
category. 
4 
Within six (6) months from the preparation of the status report, the Department shall review, 
5 
classi/)' and rank, subject to public consultations, all hazardous wastes listed pursuant to this Act, 
6 
other than those wastes which are referred to in subparagraph (3) of this category or deep injection 
7 
wells. Within twelve (12) months thereafter, the Department, when necessary, shall promulgate 
8 
regulations prohibiting disposal in landfills of such hazardous wastes listed and ranked: Provided, 
9 
That the Department shall promptly publish in a newspaper of general circulation notice of such 
10 
determination, together with an explanation of the basis for such determination: Provided, further, 
11 
That the storage of hazardous and radioactive wastes in landfills is hereby prohibited; 
12 
(e) Facilities that recycle or reprocess hazardous wastes which are not generated or produced at the 
I3 
premises - The Department, in coordination with the POST, shall promulgate standards for this 
14 
category of the TSDF. Facilities in this category are those that receive off-site treatment of hazardous 
15 
wastes and recover valuable materials from the hazardous wastes, use hazardous wastes as input 
16 
materials or fuel for production, or produce compost by biological treatment of hazardous wastes. 
17 
These also include, but are not limited to, reclaimers of spent lead-acid batteries, precious metals and 
18 
oil recyclers; 
19 
(f) Other off-site treatment facilities - Facilities in this category are those facilities that receive 
20 
hazardous wastes outside the premises and transform physical and/or chemical characteristics of the 
21 
hazardous wastes by physicochemical or thermal treatment other than incineration or in order to 
22 
dispose of them into landfills; 
23 
(g) Facilities that store hazardous and radioactive wastes which are not generated or produced at the 
24 
premises within allowable period - The storage of any hazardous and radioactive waste is prohibited, 
25 
unless such storage is solely for the purpose of the accumulation of such quantities of hazardous 
26 
wastes as are necessary to facilitate proper recovery, treatment Dr disposal but shall not be longer 
27 
than is prescribed by the Department; and 
28 
(h) Other land disposal facilities - Facilities under this category shall include, among others, deep 
29 
injection wells, borehole facilities, near surface facilities, mined cavities, surface impoundments, 
30 
land treatment units/land farming and abandoned underground mines. 
16 


I 
2 
SEC. 14. Closure Plan. - The owner of TSDFs shall submit a closure plan, including the 
3 
funds and human resources necessary for the same, subject to the review and approval of the 
4 
Department. 
5 
6 
SEC. 15. Post-closure of Facility. - The owner o(a TSDF must close the facility upon 
7 
termination of its operation and shall, after such closure, provide for protection during a post-
8 
closure care period, in accordance with the requirements of the Department and the closure plan, 
9 
including the funds and human resources necessary for the same. The protection shall include, 
10 
but shall not be limited to, monitoring, repair and maintenance. The owner shall maintain a 
11 
hazardous waste facility permit for the post-closure care period pursuant to Chapter VI hereof. 
12 
13 
SEC. 16. Environmental Impact Statement (EIS) System - Prior to the establishment of 
14 
TSDFs, all government agencies and private corporations, firms and entities which intend to set 
15 
up TSDFs shall be subject to the Environmental Impact Statement (ElS) System pursuant to the 
16 
provisions of Presidential Decree No. 1586 and its implementing rules and regulations. 
17 
18 
SEC. 17. Formulation of Soil Quality Standards for Identification of Contaminated 
19 
Sites. - Within six (6) months from the effectivity of this Act, the Department, in coordination 
20 
with other relevant government agencies, shall formulate soil quality standards which shall be 
21 
used to determine contaminated sites. 
22 
23 
SEC. 18. Registry of Contaminated Site~: - The Department shall maintain a registry of 
24 
confirmed contaminated sites in the country based on the soil quality standards set pursuant to 
25 
Section 17 hereof: Provided, That the Department shall take all necessary action to ensure that 
26 
the registry provides a complete listing of all such sites, their exact location and the types of 
27 
waste found at each site: Provided, jilrther, That in developing and maintaining the registry, the 
28 
Department shall assess, based upon new information received, the relative priority of the need 
17 


1 
for action at each site to remedy environmental and health problems resulting from the presence 
2 
of hazardous and radioactive wastes at such sites: Provided, finally, That any site classified as 
3 
properly closed or remediated where no evidence of present or potential adverse impact exists 
4 
shall be deleted from the registry. 
5 
6 
SEC. 19. Import and Export of Hazardous and Radioactive Wastes. - In accordance 
7 
with Section 2( c) hereof, the Department and the PNRI shall promulgate rules and regulations on 
8 
the import and export of hazardous and radioactive wastes consistent with relevant multilateral 
9 
international agreements and protocols. 
10 
SEC. 20. Market-based Instruments, Responsible Care and Product Stewardship 
11 
Program. - Within six (6) months from the effectivity of this Act, the Department, in 
12 
coordination with the manufacturers of commercial or industrial products, shall identify and 
13 
implement market-based, instruments, extended producer responsibility, responsible care, 
14 
products stewardship programs that shall promote cleaner production, waste minimization and 
15 
resource recovery: Provided, That the Department shall identify and list products that shall be 
16 
covered by such programs. 
17 
18 
CHAPTER III 
19 
RADIOACTIVE WASTES 
20 
SEC. 21. Listing of Radioactive Wastes. - Within six (6) months from the effectivity of 
21 
this Act, the Department of Science and Technology (DOST) - PNRI, in coordination with the 
22 
Department, after public consultation, shall formulate and publish the criteria for identifying and 
23 
listing the types of radioactive wastes to be monitored and regulated. 
24 
25 
SEC. 22. Classification of Radioactive Wastes. - The PNRI shall establish the waste 
26 
classification system based on internationally-acceptable guidelines. The classification system 
27 
shall be based primarily on the safety aspects of radioactive wastes disposal: PrOVided, That other 
28 
stages of radioactive wastes management may also be developed by the PNRI. 
29 
18 


1 
SEC. 23. Management of Radioactive Wastes. - Pursuant to Sections 10, 11 and 12 
2 
hereof, the PNRI shall promulgate rules and regulations on radioactive wastes management. Said 
3 
rules and regulations shaH be based on the best available technique to limit the outflow of 
4 
radioactive substances to the environment, taking into account the benefits as well as the cost of 
5 
the technique. The technique shaH be both technically and economically feasible: Provided, That 
6 
said rules and regulations may be based on, but not be limited to, the following methods of 
7 
managing radioactive wastes: 
8 
(a) Dilute and Disperse - Radioactive waste with activity level that can be disposed of as 
, 
9 
ordinary waste into the sewage, municipal landfills, etc. 
10 
(b) Delay and Decay - Short-lived radionuclides by storing under well controlled conditions until 
11 
the radioactivity has decayed to a level which meets the established exemption or clearance 
12 
limits for such waste. 
13 
( c) Characterization, Segregation, Treatment, Conditioning, Transport, Storage, Disposal 
14 
Methods for managing radioactive wastes containing long-lived radio nuclides, including 
15 
disused, sealed sources and other wastes that cannot be managed under subsections (a) and (b) of 
16 
this section: Provided, That the acceptable storage period for conditioned wastes prior to the 
17 
establishment of a final disposal repository shaH be for a maximum period offifty (50) years. 
18 
19 
SEC. 24. Guidelines for the Acceptance of Radioactive Wastes by Transporters and 
20 
TSDFs. - Within six (6) months after the effectivity of this Act, the PNRI shall formulate 
21 
specific, relevant and appropriate waste acceptance criteria for transporters and TSDF s of 
22 
radioactive wastes: Provided, That no radioactive waste shaH be accepted unless it complies with 
23 
the waste acceptance criteria formulated pursuant hereof 
24 
25 
SEC. 25. Site Requirements and Selection Criteria. - The PNRI shaH develop and 
26 
promulgate generic site requirements for locating a final repository for radioactive wastes. 
27 
SEC. 26. Safety Assessment and Environmental Impact Assessment (EIA). - The 
28 
PNRI shall develop and promulgate criteria and regulations on the performance requirements and 
19 


1 
safety assessment of the TSDF: Provided, That the safety assessment shall, among others, address 
2 
both radiological and non-radiological risks: Provided, jilrther, That non-radiological EIA shall be 
3 
carried out in accordance with relevant environmental laws. 
4 
5 
SEC. 27. Emergency Preparedness. - The PNRI shall promulgate requirements and 
6 
guidance on the formulation of emergency plans commensurate to the seriousness of the 
7 
accidents that could occur at the TSDFs. 
8 
9 
SEC. 28. Security. - The PNRI shall promulgate guidelines on security arrangements 
10 
that should be in place to ensure that radioactive waste is not accidentally or deliberately 
11 
removed from their proper location without location. Particular attention shall be given to 
12 
materials of intrinsic value that could pose a serious threat to human health and the environment 
13 
if control were lost. 
14 
15 
CHAPTER IV 
16 
HAZARDOUS HEALTHCARE WASTES 
17 
18 
SEC 29. Listing of Hazardous Healthcare Wastes. - Within six (6) months from the 
19 
effectivity of this Act, the DOH, in coordination with the Department and the DILG, after public 
20 
consultation, shall formulate criteria for identifying and listing the categories of hazardous 
21 
healthcare wastes to be tracked and regulated. In the formulation of such criteria, the DOH shall 
22 
take into account, but not be limited to, presence of infectious agents, toxicity, reactivity, 
23 
ignitability and corrosivity. 
24 
25 
SEC. 30. Management of Hazardous Healthcare Wastes in Hospitalf and Other 
26 
Healthcare Facilities. - Pursuant to Sections 10, 11 and 12 hereof, the DOH shall promulgate 
27 
rules and regulations on the effective management of hazardous healthcare wastes in hospitals 
28 
and other healthcare facilities. Such rules and regulations shall include, but not be limited to, the 
29 
following: 
20 


1 
(a) Hospitals and other healthcare facilities shall practice or implement waste minimization and 
2 
segregation; 
3 
(b) Segregation at source shall be the responsibility of the waste generator; 
4 
( c) Appropriate storage receptacles or bins shall be provided for each healthcare waste category; 
5 
(d) Labeling of receptacle per waste category shall likewise be implemented for identification of 
6 
waste and management measures in case of accidents; 
7 
(e) All hazardous healthcare wastes shall be collected and stored in designated on-site storage 
8 
areas until transported to a TSDF; 
9 
(f) Treatment of hazardous healthcare wastes on-site shall be done through appropriate treatment 
10 
methods; 
1l 
(g) Upon the approval of the Department, healthcare facilities with capaci 1 y to manage 
12 
hazardous healthcare wastes on-site may also treat for a fee the hazardous healthcare wastes 
13 
generated by other healthcare facilities: Provided. That in case of treatment of radioactive 
14 
healthcare wastes, approval ofthe PNRI shall be secured; 
15 
(h) For hazardous healthcare liquid waste, all healthcare facilities shall provide wastewater 
16 
treatment facilities and comply with the effluent standards set by the DBNR. Treatment and 
17 
disposal of sludge shall conform to the provisions of this Act; and 
18 
(i) To ensure the proper management of hazardous healthcare wastes, a committee on hazardous 
19 
healthcare wastes management may be created in all healthcare facilities: Provided. That in all 
20 
levell, level 2, level 3 and level 4 hospitals, the creation ofa committee on hazardous healthcare 
21 
wastes management shall be mandatory, The committee shall also develop an emergency plan to 
22 
ensure an immediate and appropriate action once an emergency occurs, For other healthcare 
23 
establishments, a hazardous healthcare waste management officer shall be designated, 
24 
25 
CHAPTER V 
26 
SPECIALHAZARDOUS WASTES 
27 
28 
SEC. 31. Collection of Special Hazardous Wastes. - Local government units (LGUs) 
29 
shall be responsible for the collection of special hazardous wastes, as listed by the Department in 
30 
accordance with Section 5 hereof, from persons and households: Provided. That the LGUs may 
21 


I 
enter into agreement with entities duly accredited by the Department for the collection of special 
2 
hazardous wastes. 
3 
4 
SEC. 32. Responsible Care Program for Special Hazardous Wastes. - The LGUs shall 
5 
enact appropriate ordinances implementing responsible care, extended producer responsibili I y or 
6 
product stewardship program that shall include, but shall not be limited to, take back or return to 
7 
supplier schemes, that shall promote cleaner production, waste minimization and resource 
8 
recovery. 
9 
SEC. 33. Transport, Treatment, Storage and Disposal of Special Hazardous Wastes. -
10 
Upon collection of hazardous special wastes by LGUs pursuant to Section 31 hereof, the 
11 
transport, treatment, storage and disposal of special hazardous wastes shall be regulated in 
12 
accordance with this Act. 
13 
CHAPTER VI 
14 
INSTITUTIONAL MECHANSM 
15 
16 
SEe 34. Lead Agency. - The Department shall be the primary government agency 
17 
responsible for the implementation and enforcement of this Act, including in Philippine 
18 
Economic Zone Authority (PEZA) areas, special economic zones and freeports, unless otherwise 
19 
provided herein. As such, it shall have the following functions, powers and responsibilities: 
20 
(a) Prepare a National Hazardous and Radioactive Wastes Report; 
21 
(b) Prepare a National Hazardous and Radioactive Wastes Management Framework; 
22 
(c) Develop and promulgate criteria for identifying and listing the characteristics of hazardous 
23 
and radioactive wastes; 
24 
(d) Establish, enforce, review and revise standards for generators of hazardous and radioactive 
25 
wastes; 
26 
(e) Establish, enforce, review and revise standards for transporters of hazardous and radioactive 
27 
wastes; 
28 
(f) Establish, enforce, review and revise standards applicable to owners and operators offacilities 
29 
for the treatment, storage and disposal of hazardous and radioactive wastes; 
22 


1 
(g) Exercise jurisdiction over all aspects of generation, possession, collection, destruction, 
2 
recovery, use, storage, transportation, entry into, even in transit, treatment and disposal of 
, 
3 
hazardous and radioactive wastes; 
4 
(h) Evaluate applications for and issue permits and licenses' pursuant to this Act; 
5 
(i) Revoke, modify or deny in accordance with the standards, rules and regulations, hazardous 
6 
waste transporter licenses, TSDFs permits and other permits/licenses issued in accordance with 
7 
this Act; 
8 
U) Establish a cooperative effort among the national government, LGUs, academic institutions, 
9 
civil society and the private sector to attain the objectives of this Act; 
10 
(k) Develop and implement programs to achieve goals and objectives set under this Act; 
11 
(I) Accept, receive and administer grants or other funds or gifts from public and private agencies, 
12 
for the purpose of carrying out the provisions of this Act. Funds received by the Department 
13 
pursuant to this section shall accrue to the Hazardous and Radioactive Wastes Management 
14 
Fund; 
15 
(m) Secure necessary scientific, technical, including laboratory facilities, by contract or 
16 
otherwise; 
17 
(n) Encourage, coordinate, participate In or conduct studies, investigations, research and 
18 
technical demonstrations relating to hazardous and radioactive wastes management as it may 
19 
deem advisable and necessary for the discharge of its duties pursuant to this Act; 
20 
(0) Encourage waste reduction, resource recovery, exchange and energy conservation In 
21 
hazardous and radioactive wastes management; 
22 
(p) Oversee any corrective action work undertaken pursuant to rules and regulations issued in 
23 
accordance with this Act; 
24 
(q) Formulate and undertake appropriate protocol with other concerned agencies for immediate 
25 
coordinated responses to hazardous and radioactive waste-related emergency incidents; 
26 
(r) Issue order against any person or entity and impose fines, penalties and other administrative 
27 
sanctions to compel compliance with the provisions hereof, standards, rules and regulations 
28 
issued pursuant to this Act; and 


I 
(s) Exercise such powers and perform such other functions as may be necessary to carry out the 
2 
objectives of this Act. 
3 
4 
SEC. 35. Role of the DOH. - The DOH shall be primarily responsible in performing the 
5 
following duties and responsibilities: 
6 
(a) Develop, promulgate and publish criteria III identifying and listing the categories of 
7 
hazardous healthcare wastes to be monitored and regulated; 
8 
(b) Develop and promulgate rules and regulations on the effective management of hazardous 
9 
healthcare wastes in hospitals and other healthcare facilities; and 
10 
( c) Exercise such powers and perform such other functions as may be necessary to carry out the 
11 
provisions of'this Act. 
12 
13 
SEC. 36. Role of the PNRL - The PNRI shall be primarily responsible in performing the 
14 
following duties and responsibilities: 
15 
(a) Develop and promulgate regulations establishing a program for the monitoring of the 
16 
radioactive wastes listed pursuant to this Act; 
17 
(b) Develop, promulgate and publish criteria for identifying and listing the types of radioactive 
18 
wastes to be monitored and regulated; 
19 
( c) Develop and promulgate rules and regulations on the radioactive wastes management 
20 
pursuant to Section 23 hereof; 
21 
(d) Formulate specific, relevant and appropriate waste acceptance criteria for transporters and 
22 
TSDFs of radioactive wastes pursuant to Section 24 hereof; 
23 
(e) Exercise jurisdiction over all aspects of generation, possesslOn, collection, recovery, 
24 
transport, entry, even in transit, into Philippine territory, treatment, storage and disposal of 
25 
radioactive wastes; and 
26 
(1) Exercise such powers and perform such other functions as may be necessary to carry out the 
27 
provisions of this Act. 
28 
24 


SEC. 37. Role of Local Government Units (LGUs): - Local government units shall have 
2 
the following duties and responsibilities: 
3 
(a) Share the responsibility for the implementation, enforcement and monitoring of the 
4 
provisions of this Act within their territorial jurisdictions such as the registration and compliance 
5 
monitoring of generators, transports and TSDFs; 
6 
(b) Prepare a compliance scheme in accordance with their special hazardous wastes management 
7 
program; 
8 
(c) Segregation and collection of special hazardous wastes; 
9 
(d) Emergency preparedness and response; 
10 
( e) Participate in all efforts concerning hazardous and radioactive wastes management; and 
11 
(1) Enact appropriate ordinances to implement LGU's role in this Act. 
12 
13 
SEC. 38. The Interagency Technical Advisory Council (MTAC). - For purposes of 
14 
policy integration and harmonization and coordination of functions, there is hereby created an 
15 
J AT AC attached to the Department which shall be composed of the following officials or their 
16 
duly authorized representatives: 
17 
Secretary of Environment and Natural Resources, as chairperson; 
18 
Secretary of Health, as co-chairperson; 
19 
Secretary of Science and Technology, as co-chairperson; 
, 
20 
Secretary of Agriculture; 
21 
Secretary of Finance; 
22 
Secretary of Trade and Industry; 
23 
Secretary of National Defense; 
24 
Secretary of Foreign Affairs; 
25 
Secretary of Transportation and Communications; 
26 
President of league of cities; 
27 
President ofleague of municipalities; 
28 
President of league of provinces; 
29 
President ofleague of barangays; 
25 


1 
Director General of the Philippine Export Zone Authority; 
2 
Representative from civil society; 
3 
Representative from the industry; 
4 
Representative from the TSDF operators; and 
5 
Representative from the academe as members, 
6 
7 
The IAT AC shall have the following functions, among others: 
8 
(a) Develop llnd promulgate criteria m assessing the proposed BAT/BEP to be used accordance 
9 
with Section' 9 hereof; and 
10 
(b) Constitute and authorize a multidisciplinary body to conduct annual audit to determine 
11 
compliance of the TSDF perpetrators with the terms and conditions in the permits and licenses 
12 
issued pursuant to this Act. 
13 
14 
SEC. 39. The IATAC Technical Working Group.- The IATAC shall be supported by a 
15 
technical working group (TWG) which shall be composed of representatives of the following: 
16 
Environmental Management Bureau (EMB) of the Department; 
17 
Environmental and Occupational Health Office of the DOH; 
18 
Philippine Nuclear Research Institute of the DOST; 
19 
Industrial Technology Development Institute of the DOST; 
20 
Bureau of Health Facilities and Services of the DOH; 
21 
Bureau of Soil and Water Management of the Department of Agriculture (DA); 
22 
Fertilizer and Pesticide Authority of the DA; 
23 
Bureau of Customs of the Department of Finance; 
24 
Bureau ofInternational Trade Relations of the DTI; 
25 
Board ofInvestments of the DTI; 
26 
Bureau ofImport Services of the DTI; 
27 
Department of National Defense; 
28 
Land Transll0rtation Office of the DOTC; 
29 
Occupational Health and Safety Center of the Department of Labor and Employment; 
26 


I 
Philippine Coast Guard; 
2 
Nongovernmental organizations (NGOs); 
3 
Industry; and 
4 
the Academe. 
5 
The TWG shall provide technical support to the IATAC. 
6 
7 
SEC. 40. Linkage Mechanism - The Department and its concerned agencIes may 
8 
coordinate and enter into agreement with other government agencies, civil society, industrial 
9 
sector and other concerned sectors in the furtherance of the policies of this Act: Provided, That 
10 
the Department shall coordinate with the DILG and the Philippine National Police in the 
11 
enforcement of the requirements for transporters issued pursuant to this Act. 
12 
13 
SEC. 41. Visitorial Powers. - The Department, the PNRI and the DOH or their duly 
14 
authorized representatives shall have access to, and the right to copy therefrom, the records 
15 
required to be maintained pursuant to the provisions of this Act. The Secretary ofthe Department 
16 
and the DOH and the Director of the PNRI or their authorized representatives shalIlikewise have 
17 
the right to .enter the premises of any generator, transporter or TSDF any time to question any 
18 
employee or investigate any fact, condition or matter which may be necessary to detennine any 
19 
violation, or which may aid in the effective enforcement of this Act and its implementing rules 
20 
and regulations. This section shall not apply to private dwelling places unless the visitorial power 
21 
is otherwise judicially authorized. 
22 
23 
24 
25 
CHAPTER vn 
26 
PERMITS AND FEES 
27 
SEC. 42. Permits for Treatment, Storage or Disposal of Hazardous and Radioactive 
28 
Wastes.-
27 


1 
(a) Issuance of Permit - Any person owning an existing or a new TSDP of hazardous or 
2 
radioactive wastes identified or listed pursuant to this Act is required to secure a permit or 
3 
license pursuant to this section. The Department and the PNRI shall prescribe reasonable fees for 
4 
the issuance of said permit or license. 
5 
(b) Duration of Permit - Any permit under this section shall be issued annually during the first 
6 
three (3) years of operation as a TSDF. Thereafter, the Department and the PNRI may issue a 
7 
permit or license which is valid for five (5) years to a TSDF who has satisfactorily complied with 
8 
the rules and regulations issued pursuant to this Act for three (3) consecutive years: Provided, 
9 
That an annual audit shall be conducted by a multidisciplinary body constituted and authorized 
10 
by the IATAC created pursuant hereof 
11 
( c) Permit Modification, Suspension and Revocation - The Department and the PNRI shall 
12 
modify, suspend and revoke such permit upon a determination of noncompliance by a TSDF 
13 
with the relevant provisions of this Act or the terms and conditions of the permit. 
14 
(d) Interim Status - Any person who owns a TSDF in existence prior to this Act which is 
15 
required to have a permit under this section shall be treated as having been issued such permit for 
16 
a period of twelve (12) months after the effectivity of this Act: Provided, That the required 
17 
application for a TSDP permit or license shall have been filed within the said twelve (12)-month 
18 
period: Provided, further, That this paragraph shall not apply to any facility which has been 
19 
previously denied a TSDF permit or license or if authority to operate the facility has been 
20 
previously terminated. 
21 
SEC. 43. Hazardous and Radioactive Wastes Transporter License. -
22 
(a) Any person transporting any hazardous and radioactive waste is required to secure a waste 
23 
transporter license from the Department, subject to the payment of a reasonable fee. 
24 
(b) Duration of License - A waste transporter license issued under this section shall be valid for a 
25 
period of one' (1) year. 
26 
(c) License Modification, Suspension and Revocation - The Department and the PNRI shall 
27 
modify, suspend and revoke such license upon a determination of noncompliance by a 
28 
transporter with the relevant provisions of this Act or the terms and conditions of the permit. A 
29 
license is not required for the transport of any hazardous or radioactive waste on the premises 
28 


where it is generated or onto a property owned by the generator thereof located within a one (1) 
2 
kilometer radius from said premises or within the same industrial estate: Provided, That the 
3 
Department is notified in writing prior to the transfer and a week after the transfer has been 
4 
completed, Nothing in this section shall be interpreted to preclude the Department and the PNRI 
5 
from inspecting unlicensed hazardous waste transporting equipment and to require that it be 
6 
adequate to provide protection for the health of humans and the environment. 
7 
8 
SEC. 44. Hazardous Wastes Disposal Fee. - All hazardous wastes disposal facilities 
9 
shall collect, on behalf of the government, from each hazardous waste generator or transporter 
10 
disposing such wastes at the disposal site, a fee that shall accrue to the hazardous wastes 
11 
management fund, The fee shall be established by the Department, taking into consideration the 
12 
following: 
13 
(a) To provide strong economIC inducement for generators to modify their production or 
14 
management, processes; 
15 
(b) To cover the cost of administering hazardous and radioactive wastes management; 
16 
( c) Reflect damages caused by hazardous and radioactive wastes on the surrounding 
17 
environment, including the cost of rehabilitation; 
18 
(d) Category of wastes; and 
19 
(e) Classification of wastes, 
20 
The fee, which shall be established after due public consultation, shall be based on the quantity 
21 
of wastes disposed, 
22 
CHAPTER VIn 
23 
FINANCING HAZARDOUSWASTES 1\'lANAGEMENT 
24 
25 
SEC. 45. Financial Liability for Environmental Rehabilitation. - The Department shall 
26 
require generators and owners of TSDFs to put up Environmental Guarantee Fund (EGF) as part 
27 
of the Environmental Management Plan attached to the Environmental Compliance Certificate 
28 
(ECC), pursuant to Presidential Decree No. 1586 and its implementing rules and regulations. The 
29 
EGF shall finance the needs of emergency response, clean up or rehabilitation of areas that may 
30 
be damaged during the generation, transport, treatment, storage or disposal of hazardous and 
29 


I 
radioactive wastes. Liability for damages shall continue even after the termination of the project 
2 
and until the lapse of a given period indicated in the ECC, as determined by the Department. 
3 
The EGF may be in the form of a trust fund, environmental insurance, surety bonds, 
4 
letters of' credit, self-insurance and any other instrument which may be identified by the 
5 
Department. The choice of the guarantee instrument or combinations thereof shall depend, 
6 
among others, on the assessment of the risks involved. Proponents required to put up guarantee 
7 
instruments shall furnish the Department with evidence of availment of such instruments. 
8 
9 
SEC. 46. Peiformance Bond - Prior to issuance of the required permit to operate, the 
10 
Department shall require transporters, owners of treatment/storage facilities to post performance 
11 
bond. The performance bond shall be forfeited in the ,event of abandonment of sites and/or non-
12 
performance of post-closure requirements issued pursuant to Section 15 hereof: PrOVided, That 
13 
this provision shall not apply to State-owned treatment/storage facilities and to recyclers 
14 
identified and listed as such, pursuant to this Act. 
15 
16 
CHAPTER IX 
17 
INCENTIVES 
18 
19 
SEC. 47. Rewards. - Rewards, monetary or otherwise, shall be provided to individuals, 
20 
private organizations and entities, including NGOs that have undertaken outstanding and 
21 
innovative projects, technologies, processes and techniques or activities in hazardous and 
22 
radioactive wastes management. Said rewards shall be sourced from the Hazardous and 
23 
Radioactive Wastes Management Fund herein created. 
24 
25 
SEC. 48. Incentives Scheme. - An incentive scheme is hereby provided for the purpose 
26 
of encouraging enterprises, private entities, LGUs and NGOs to develop or undertake an 
27 
effective hazardous and radioactive wastes management, or actively participate in any program 
28 
geared towards the promotion thereof, consistent with the objectives of this Act. 
29 
(a) Tax and Duty Exemption on Imported Capital Equipment and Vehicles - Within five (5) 
30 
years upon the effectivity of this Act, registered enterprises, LGUs and NGOs shall enjoy tax and 
30 


I 
duty-free importation of machinery, equipment, technology and spare parts used for the 
2 
processing, storage and treatment of hazardous and radioactive wastes, including cleaner 
3 
production and waste minimization technologies: Provided, That the importation of such 
4 
machinery, equipment, technology and spare parts shall comply with the following conditions: 
5 
(l) They are not manufactured domestically in sufficiell t quantity, of comparable quality and at 
6 
reasonable prices; 
7 
(2) They are reasonably needed and will be used actually, directly and exclusively, for the 
8 
abovementioned activities; and 
9 
(3) There is an approval from the Board of Investment (BOI) of the DTI for the importation of 
10 
such machinery, equipment, technology and spare parts: Provided, further, That the sale, transfer 
11 
or dispositiort of such machinery, equipment, technology and spare parts, without prior approval 
12 
of the BOl, within five (5) years from the date of acquisition shall be prohibited; otherwise, the 
13 
registered enterprise, LGU or NGO concerned and the buyer, transferee or assignee shall be 
14 
solitarily liable to pay twice the amount of tax and duty exemption given it. 
15 
(b) Tax Exemption on the Sale of Domestic Capital Equipment - Within five (5) years from the 
16 
effectivity of this Act, the sale of domestic capital' equipment, including its spare parts to 
17 
registered enterprises, LGUs and NGOs to be used for the processing, storage and treatment of 
18 
hazardous and radioactive wastes, shall be exempted from any applicable taxes imposed 
19 
under the National Internal Revenue Code of 1997, as amended: Provided, That said incentive 
20 
shall be subject to the same conditions and prohibition cited in the preceding paragraph, 
21 
(c) Tax Exemption of Donations, Legacies and Gifts - All donations, gifts and legacies made by 
22 
any person or entity in favor of the registered enterprises, LGU sand NGOs, for the support and 
23 
maintenance of the program for effective hazardous and radioactive wastes management, shall be 
24 
exempt from donor's tax and such amount of donations shall be deductible from the gross income 
25 
of the donor pursuant to Section 34, paragraph (H) of the National Internal Revenue Code of 
26 
1997, as amended. 
27 
(d) Financial Assistance Program - Government financial institutions such as the Development 
28 
Bank of the Philippines (DBP), the Landbank of the Philippines (LBP), the Government Service 
29 
Insurance System (GSIS) and such other government institutions providing financial services 
31 


I 
shall, in accordance with and to the extent allowed by the enabling provisions of their respective 
2 
charters or applicable laws, accord high priority to extend financial services to individuals, 
3 
enterprises or private entities engaged in hazardous, radioactive, medical and hazardous special 
4 
wastes management. 
5 
(e) Extension of Grants to LGUs - Cities or municipalities whose special hazardous wastes 
6 
management programs have been duly accredited by the Department or have adopted innovative 
7 
wastes management programs may be entitled to receive grants for the purpose of developing 
8 
their technical capacities toward actively participating in the program for effective and 
9 
sustainable wastes management. 
10 
(1) Incentives to Host LGUs - LGUs which host common hazardous and radioactive wastes 
11 
management facilities shall he entitled to incentives as provided for under this Act. 
12 
(g) Tax Exemption on Hazardous Wastes Generated Within PEZA Areas, Freeports and Other 
13 
Special Ecozones - Hazardous waste materials generated within PEZA areas, freeports and other 
14 
special ecozones shall be allowed to be brought to the Philippine customs territory for the sole 
15 
intention of recycling and treatment, and shall be exempted from payment of any tax due on said 
16 
hazardous wastes: Provided, That said recyclable hazardous waste materials are identified and 
17 
listed in accordance with Section S ofthis Act. 
18 
19 
CHAPTER X 
20 
CIVIL LIABILITY AND PENAL PROVISIONS 
21 
22 
SEC. 49, Generator's Liability. - The generator is primarily responsible for the 
23 
management of hazardous and radioactive wastes until said waste has been certified as properly 
24 
treated or disposed by duly accredited TSDFs: Provided, That wastes that are exported outside of 
2S 
the country and treated and disposed in accordance with international agreements, the TSDFs in 
26 
the country of destination shall issue the certificate of treatment and disposal. All other 
27 
environmental service providers involved in the transport, treatment, storage and disposal of said 
28 
waste shall be jointly and severally liable with the generator in the event of any adverse 
29 
environmental impacts due to the improper management of the waste. 
30 
32 


1 
SEC. 50. Prohibited Acts. - The following acts are prohibited: 
2 
(a) Discarding, throwing or dumping of hazardous or radioactive wastes, as listed pursuant to this 
3 
Act in public places, such as roads, sidewalks, canal, esteros, parks, establishments and 
4 
municipal solid waste facilities, or causing or permitting the same; (b) Undertaking activities 
5 
involving the collection or transport of hazardous or radioactive wastes in violation of the 
6 
standards and other requirements or permits set forth in this Act; 
7 
(c) Causing or permitting the collection of non-segregated or unsorted hazardous wastes; 
8 
(d) Operating, TSDFs without permits issued pursuant to this Act; 
9 
(e) Transporiing hazardous or radioactive wastes without the required permit or license pursuant 
10 
to this Act; 
11 
(f) The mixing of source-separated recyclable material with other hazardous wastes in any 
12 
vehicle, box, container or receptacle used in hazardous or radioactive wastes collection or 
13 
disposal; 
14 
(g) Disposal of hazardous or radioactive wastes in open and controlled dumps as enjoined in this 
15 
Act, or causing and permitting the same; 
16 
(h) Establishment and operation of open and controlled dumps for hazardous and radioactive 
17 
wastes; 
18 
(i) Transporting and dumping of collected hazardous or radioactive wastes in areas other than 
19 
facilities prescribed under this Act; 
20 
G) Open burning of hazardous or radioactive wastes; 
21 
(k) Transporting any hazardous or radioactive wastes to a TSDF which is not authorized to 
22 
receive such waste pursuant to this Act; 
23 
(I) Treating, storing or disposing of any hazardous or radioactive waste either: (1) without permit 
24 
or license to do so pursuant hereof; or (2) in knowing violation of any material condition or 
25 
requirement of such permit or license; or (3) in violation of any standard promulgated pursuant 
26 
to this Act; 
27 
(m) Making any false materiaJ statement, representation or certification in any application, label, 
28 
permit, record, report, manifest or other document filed, maintained or required to be maintained 
29 
under this' Act; 
33 


I 
(n) Falsifying, tampering with or rendering inaccurate any monitoring device or result therefrom 
2 
used, filed, maintained or required to be maintained under this Act; 
3 
(0) Generating, treating, storing, transporting, disposing of or handling any hazardous or 
4 
radioactive waste, and who, in connection therewith, knowingly destroying, altering or 
5 
concealing any record required to be maintained pursuant to this Act; 
6 
(p) Owning, maintaining or operating any hazardous or radioactive waste disposal facility in a 
7 
manner which permits any acts or hazardous waste management practices in violation of 
8 
standards or rules and regulations issued pursuant to this Act; 
9 
(q) Failing to notifY the Department, the DOH and the PNRI of hazardous or radioactive wastes 
10 
activities pursuant to Section 6 hereof; 
II 
(r) Importing or causing or permitting the entry, even in transit, into Philippine territory in 
12 
violation of the provisions of this Act and its implementing rules and regulations, and relevant 
13 
international agreements and protocols; 
14 
(s) Constructing, substantially altering or operating, including all post-closure activities and 
IS 
operations specified in the rules and regulations, a hazard<;us or radioactive waste TSDF without 
16 
first obtaining a permit as specified in this Act; and 
17 
(t) Site preparation, construction, expansion or operation of TSDFs without an ECC required 
18 
pursuant to Presidential Decree No. 1586 and this Act. 
19 
For purposes of this provision, the term "hazardous wastes" shall include special hazardous and 
20 
healthcare wastes. 
21 
22 
SEC. 51. Fines, Damages and Penalties. - Unless otherwise provided herein, any person 
23 
who commits any of the prohibited acts provided in the immediately preceding section or 
24 
violates any of the provisions of this Act or its implementing rules and regulations shall be fined 
25 
by the Pollution Adjudication Board (P AB) in the amount not less than Ten thousand pesos 
26 
(PI,OOO.OO) but not more than One hundred thousand pesos (PlOO,OOO.OO) for every violation: 
27 
Provided, That for violation of Section 52 involving prohibited acts under paragraphs (a), (g), 
28 
(h), (i), (I), (p), (s) and (t) of the immediately preceding section, the fine shall be imposed for 
29 
every day of violation. 
34 


· 
. 
J 
For purposes of the application of the fines, the PAB, within one (J) year upon the effectivity of 
2 
this Act, shall establish a fine rating system to adjust the maximum fine based on the violator's 
3 
ability to pay, degree of wiIlfulness, degree of negligence, degree of severity of the offense, 
4 
history of noncompliance and degree of recalcitrance. 
5 
The fines herein prescribed shall be reviewed and revised, whenever necessary, every 
6 
three (3) years to compensate for inflation and to maintain the deterrent function of such fines: 
7 
Provided, That the P AB may order the closure, suspension of development or construction, or 
8 
cessation of operations until such time that proper environmental safeguards are put in place 
9 
and/or compliance with this Act or its rules and regulations are undertaken. This paragraph shall 
lObe without prejudice to the issuance of an ex parte order for such closure, suspension of 
11 
development or construction, or cessation of operations during the pendency of the case' 
12 
Provided, further, That if the prohibited act undertaken shall require cleanup and rehabilitation, 
13 
the offender shall also be required to restore or compensate for the restoration of the area. The 
14 
P AB may also award such damages as it may deem just under the circumstances in favor of the 
15 
private complainant in the case. 
16 
In case of gross violation of this Act, the P AB shall issue a resolution recommending that 
17 
the proper government agencies file criminal charges against the violators. Gross violation shall 
18 
mean any of the following: 
19 
(a) Deliberate disposal of hazardous or radioactive wastes without the required permit issued 
20 
pursuant to this Act; 
21 
(b) Three (3) or more violations referred to in paragraphs (a), (d), (g), (k), (1) and (m) of Section 
22 
50 hereof within a period oftwo (2) years; or (c) Blatant disregard of the orders ofthe PAB, such 
23 
as the nonpayment of fines, breaking of seals or operation of the source of pollution despite the. 
24 
existence of an order for closure, discontinuance or cessation of operation, or unjustified, refusal 
25 
for the entry' or access to any premises of an authorized Department representative, In which 
26 
case, offenders shall be punished a fine of not less than One hundred thousand pesos 
27 
(PI 00,000,00) but not more than Three million pesos (P3,000,000.00) andJor with imprisonment 
28 
of not less than three (3) years but not more than ten (10) years, at the discretion of the court. If 
29 
the offender is a juridical person, the chief executive officer and the pollution control officer or 
35 


I 
its equivalent shall suffer the penalty herein provided: Provided, That the officers and 
2 
incorporators of the TSDFs who violated the post-closure requirements issued pursuant to 
3 
Section IS hereof shall be banned from setting up TSDFs and hazardous and radioactive waste 
4 
transport companies and engaging in the operation of the same. 
5 
If the offender is an alien, he or she shall, after service of the sentence prescribed above, be 
6 
deported without further administrative proceedings. The fines herein prescribed shall be 
7 
reviewed and revised, whenever necessary, every three (3) years to compensate for inflation and 
8 
to maintain the deterrent function of such fines. 
9 
10 
SEC. 52. Administrative Sanctions. - Local government officials and officials of 
II 
government agencies concerned who fail to comply with and enforce rules and regulations 
12 
promulgated relative to this Act shall be charged administratively in accordance with Republic 
13 
Act No. 7160 and other existing laws, rules and regulations. 
14 
IS 
SEC. 53. Administrative Action. - Without prejudice to the right of any affected person 
16 
to file an administrative action, the Department, the [>OR and the PNRI shall, on its own 
17 
instance or upon verified complaint by any person, institute administrative and civil proceedings 
18 
against any person who violates: 
19 
(a) Standards or limitations provided under this Act; or 
20 
(b) Any order, rule or regulation issued by the Department: the DOH or the PNRI with respect to 
21 
such standard or limitation. 
22 
23 
SEC. 54. Citizen Suits. - For purposes of enforcing the provisions of this Act or its 
24 
implementing rules and regulations, any citizen may file an appropriate civil, criminal or 
25 
administrative action in the proper courts or bodies against the following: 
26 
(a) Any person who violates or fails to comply with the provisions of this Act or its 
27 
implementing rules and regulations; or 
28 
(b) The Department or other implementing agencies with respect to orders, rules and regulations 
29 
issued inconsistent with this Act; or 
36 


• 
1 
(c) Any public officer who willfully or grossly neglects the performance of an act specifically 
2 
enjoined as a duty by this Act or its implementing rules and regulations; or abuses his authority 
3 
in the performance of his duty; or, in any manner, improperly performs his duties under this Act 
4 
or its implementing rules and regulations: Provided, however, That no suit can be filed until after 
5 
a thirty (30)-day notice has been given to the public officer and the alleged violator concerned 
6 
and no appropriate action has been taken thereon. 
7 
The court shall exempt such action from the payment of filing fees, except fees for actions not 
8 
capable of pecuniary estimations, and shall, 'likewise, upon prima facie showing of the non-
9 
enforcement or violation complained of, exempt the plaintiff from the filing of an injunction 
10 
bond for the issuance of a preliminary injunction. 
11 
Within thirty (30) days, the court shall make a determination if the complaint herein is malicious 
12 
and/or baseless and shall accordingly dismiss the action and award attorney's fees and damages. 
13 
14 
SEC. 55. Suits ami Strategic Legal Action Against Public Participation (SLAPP) anti 
15 
the Enforcement of this Act. - Where a suit is brought against a person who filed an action as 
16 
provided for in Section 54 of this Act, or against any person, institution or government agency 
17 
hat implements this Act, it shall be the duty of the investigating prosecutor or the court, as the 
18 
case may be, to immediately make a determination not exceeding thirty (30) days whether said 
19 
legal action has been filed to harass, vex, exert undue pressure or stifle such legal recourses of 
20 
the person complaining of or enforcing the provisions of this Act. Upon determination thereof, 
21 
evidence warranting the same, the court shall dismiss the case and award attorney's fees and 
22 
double damages. This provision shall also apply and benefit public officers who are sued for acts 
23 
committe" in their official capacity, there being no grave abuse of authority, and done in the 
24 
course of enforcing this Act. 
25 
26 
27 
28 
29 
30 
CHAPTER XI 
MISCELLANEOUS PROVISIONS 
37 


• 
. ' 
SEC. 56. Mam/atory Public Hearings. - Mandatory public hearings for the Framework 
2 
shall be undertaken in accordance with the process to be formulated by the Department. 
3 
4 
SEC. 57. Research on Hazart/ous and Radioactive Wastes Management. -
The 
5 
Department, after consultations with the cooperating agencies, shall encourage, cooperate with 
6 
and render financial and other assistance to appropriate government and private agencies, 
7 
institutions and individuals in the conduct and promotion of researches, experiments and other 
8 
studies on hazardous and radioactive wastes management, particularly those relating to: 
9 
(a) adverse health welfare effects of the release into the environment of hazardous and 
10 
radioactive wastes, and methods to eliminate said effects or minimize the health risks; 
11 
(b) the operation and financing of hazardous and radioactive wastes disposal programs; 
12 
(c) the planning, implementation and operation of resource recovery and resource conservation 
13 
systems; 
14 
(d) the production of usable forms of recovered resources, including fuel from hazardous wastes; 
15 
(e) the development and application of new and improved methods of collecting, separating and 
16 
disposing of hazardous and radioactive wastes and processing and recovering materials and 
17 
energy from hazardous and radioactive wastes; 
18 
(f) cleaner production technologies; 
19 
(g) improvements in land disposal practices for hazardous and radioactive wastes; and 
20 
(h) development of new uses of recovered resources and identification of existing or potential 
21 
markets of recovered resources. 
22 
In carrying out hazardous and radioactive waste researches and studies, the Department, the 
23 
DOH and the PNRI or their authorized representatives may award grants or enter into 
24 
contracts with government agencies, NGOs and private persons. 
25 
26 
SEC. 58. Public Education and Information. - The Department, the PNRI and the 
27 
DOH, in coordination with the Department of Education (DepEd), the Technical Education and 
28 
Skills Development Authority (TESDA), the Commission on Higher Education (CRED), the 
29 
DILG, the Philippine Information Agency (PIA) and the LGUs, shall conduct a continuing 
38 


• 
• 
1 
education and information campaign on hazardous and radioactive wastes management. Such 
2 
education and information program shall: 
3 
(a) Aim to develop public awareness of the impacts of hazardous and radioactive wastes and how 
4 
to prevent or minimize their adverse effects; 
5 
(b) Concentrate on activities which are feasible and which will have the greatest impact on 
6 
hazardous and radioactive wastes management; and 
7 
(c) Encourage the general public, accredited NGOs and POs to publicly endorse and patronize 
8 
environment-friendly products, 
9 
10 
SEC. 59. Environmental Ellucation in the Formal anti Non-formal Sectors. - The 
11 
national government, through the DepEd and in coordination with concerned government 
12 
agencies, NGOs and private institutions, shall strengthen the integration of environmental 
13 
concerns in school curricula at all levels, with particular emphasis on hazardous and radioactive 
14 
wastes management principles in order to promote environmental awareness and action among 
15 
the citizenry. 
16 
SEC. 60. Business anti Intlustry Role. - The Department, the DOH and the PNRI shall 
17 
encourage commercial and industrial establishments, through appropriate incentives other than 
18 
tax incentives, to initiate, participate and invest in integrated hazardous and radioactive wastes 
19 
management .projects; to manufacture environment-friendly products; to introduce, develop and 
20 
adopt innovative processes that shall recycle and reuse materials, conserve raw materials and 
21 
energy, reduce waste and prevent pollution; and to undertake community activities to promote 
22 
and propagate effective hazardous and radioactive wastes management practices. 
23 
24 
CHAPTER XII 
25 
FINAL PROVISIONS 
26 
27 
SEC. 61. Appropriations. - The Secretaries of the DENR, the DOH and the DOST shall 
28 
include in their programs the implementation of this Act, the funding of which shall be included 
29 
in the annual General Appropriations Act. 
39 


• 
. ' 
I 
In addition, the departments concerned may accept donations, contributions, grants, 
2 
bequests or gifts, in cash or in kind, from various sources, domestic or foreign, for purposes 
3 
relevant to hazardous and radioactive wastes management functions: Provided, That in case of 
4 
donations from foreign governments, acceptance thereof shall be subject to prior clearance and 
5 
approval of the President of the Philippines upon the recommendation of the Secretary of 
6 
Foreign Affairs. 
7 
Receipts from donations shall be accounted for in the books of the recipient government agency 
8 
in accordance-with pertinent accounting and auditing rules and regulations. 
9 
10 
SEC. 62. Implementing Rules and Regulations. - Within one (1) year after the 
11 
effectivity of this Act, the Department, the DOH and the PNRI, in coordination with the 
12 
Committees on Environment and Ecology of the Senate and the House of Representatives, 
13 
respectively, shall promulgate the implementing rules and regulations of this Act: Provided, That 
14 
rules and regulations issued by other government agencies and instrumentalities relative to 
15 
hazardous and radioactive wastes management consistent with this Act shall supplement the 
16 
rules and regulations issued by the DENR, the PNRI and tpe DOH pursuant to the provisions of 
17 
this Act. 
18 
There shall be a mandatory review of the implementing rules and regulations and 
19 
standards set pursuant to the provisions of this Act. 
20 
21 
SEC. 63. Joint Congressional Oversight Committee. - There is hereby created a Joint 
22 
Congressional Oversight Committee to monitor the implementation of this Act. The Committee 
23 
shall be composed of five (5) Senators and five (5) Representatives, to be appointed by the 
24 
Senate President and the Speaker of the House of Representatives, respectively. The Oversight 
25 
Committee shall be co-chaired by a Senator and a Representative designated by the Senate 
26 
President and the Speaker of the House of Representatives, respectively. 
27 
28 
SEC, 64. Transitory ProvisiolL - Pending the establishment of the Framework under 
29 
Section 8 hereof and the promulgation of the implementing rules and regulations of this Act, 
40 


• 
1 
pertinent existing laws, regulations, programs and projects on hazardous and radioactive wastes 
2 
management shall be enforced: Provided, That for specific undertaking, the same may be revised 
3 
in the interim in accordance with the intentions of this Act. 
4 
5 
SEC. 65. Report to Congress. - The Department 'shall report to Congress not later than 
6 
March 30 of every year following the approval of this Act, detailed account of its 
7 
accomplishments and progress on hazardous and radioactive wastes management during the year 
8 
and make the necessary recommendations in areas where there is a need for legislative action. 
9 
10 
SEC. 66. Separability Clause. - If any provision of this Act or the application of such 
11 
provision to any person or circumstance is declared unconstitutional, the remainder of this Act or 
12 
the application of such provision to other persons or circumstances shall not be affected by such 
13 
declaration. 
14 
15 
SEC. 67. Repealing. Clause. - Republic Act No. 6969, Executive Order No. 192, 
16 
Republic Act No. 9003, Republic Act No. 7160 and Republic Act No. 2067, as amended, are 
, 
17 
partly modified. All laws, decrees, issuances, rules and regulations or parts thereof inconsistent 
18 
with the provisions of this Act are hereby repealed or modified accordingly. 
19 
20 
SEC. 68. Effectivity. - This Act shall take effect fifteen (IS) days after its publication in 
21 
at least two (2) newspapers of general circulation. 
Approved, 
41