Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGR!
Third Regular Sessi

HOUSE BILL NO. 6032

INTRODUCED BY: REPRESENTATIVE JOSE L. ATIENZA, JR.

EXPLANATORY NOTE

This Bill sceks a total ban on the importation of all kinds of wastes from other countries.
‘The country is still facing the problem of disposal of all our domestic wastes, and there is
absolutely no reason to allow the importation of any kind of waste from other countries.

The Ecological Solid Waste Management Act of 2001 is still not being effectively and
thoroughly enforced. Because of this, we continue to face the burden of disposing of our
country’s waste.

At present, there are about 900 open dumpsites operating in the country. These open
dumpsites, while providing a temporary solution to the problem of disposal, greatly contribute to
the release of greenhouse gases into the atmosphere and aggravate the environmental problems
we are currently facing, A total ban on the importation of all kinds of wastes from othfr countries
will not only protect the health of our people, but more importantly, protect our cquntry from
becoming the dumping ground of the world.

In light of the aforementioned, the immediate passage of this Bill is highly squght.

HAY Party-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGRESS:
Third Regular Session

HOUSE BILL NO.

6032

INTRODUCED BY REPRESENTATIVE JOSE L. ATIENZA, JR.

AN ACT
PROHIBITING IMPORT OF ALL KINDS OF WASTE, AMENDING CERTAIN
PROVISIONS OF REPUBLIC ACT 6969, OTHERWISE KNOWN AS “TOXIC
SUBSTANCES AND HAZARDOUS AND NUCLEAR WA‘ “ONTROL ACT OF 1990”

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

Seetion 1. This Act shall be known as the "Total Ban on Imported Waste Act of 2015",

See. 2. Section 3 of Republic Act 6969, otherwise known as “An Act to Control Toxic Substances

and Hazardous and Nuclear Wastes, Providing Penalties for Violations Thereof, and for Other

Purposes,” is hereby amended to read as follows:
“Section 3. Scope. - This Act shall cover the importation, manufacture,
processing, handling, storage, transportation, sale, distribution, use and
disposal of all unregulated chemical substances and mixtures, AND ALL,
RECYCLABLE AND NON-RECYCLABLE HAZARDOUS WASTES in
the Philippines, including the entry even in transit, as well as the keeping or
storage and disposal of hazardous and nuclear wastes into the country for

whatever purposes.”


Sec. 3. Paragraph (g), Section 5 of the aforementioned Republic Act is hereby amended to read as

follows:

“Section 5. Definition — As used in this Act:
a) xxx
b) xxx
©) xxx
d) xxx
©) xxx
f) xxx
2) Hazardous wastes are hereby defined as RECYCLABLE AND
NON-RECYCLABLE. substances. AND MATERIALS that are
without any safe commercial, industrial, agricultural or economic
usage and are shipped, transported or brought from the country of
origin for dumping or disposal into, FOR RECYCLING AND
TREATMENT IN, or in transit through any part of the territory of the
Philippines.
h) xxx
i) xxx
i) xxx”
See. 4. Paragraph (h), Section 6 of the aforementioned Republic Act is hereby amended to read as
follows:
“Section 6. Functions, Powers and Responsibilities of the Department of
Environment and Natural Resources, - The Department of Environment and
Natural Resources shall be the implementing agency tasked with the
following functions, powers, and responsibilities:
a) xxx
b) xxx
c) xxx
d) xxx
e) xxx

f) xxx


g) xxx

h) To monitor and prevent the entry, even in transit, OF ALL KINDS OF
HAZARDOUS AND NUCLEAR WASTES, AND THEIR
DISPOSAL AND PLANNED TREATMENT into the country;

i) xxx

Section 8 of the aforementioned Republic Act is hereby amended to read as follows:

“Section 8. Pre-Manufacturing and Pre-lmportation Requirements, ~
Before any new chemical substances or mixture can be manufactured,
processed or imported for the first time as determined by the
Department of Environment and Natural Resources, the manufacturer,
processor or importer shall submit the following information: the
name of the chemical substances; its chemical identity and molecular

structure; proposed categories of use; an estimate of the amount to be

manufactured, processed or imported; processing and disposal thereof;
and any test data related to health and environmental effects which the

manufacturer, processor or importer has.
THE SAID REQUIRMENTS SHALL NOT APPLY TO ANY
MANUFACTURER, PROCESSOR, OR IMPORTER WISHING TO.
BRING IN HAZARDOUS WASTE, RECYCLABLE OR
OTHERWIS!

See. 6. Section 8 of the aforementioned Republic Act is hereby amended to read as follows:

“Section 12. Public Access to Records, Reports or Notification, - The
public shall have access to records, reports or information concerning
chemical substances and mixtures, AND HAZARDOUS WASTES,
including safety data submitted, data on emission or discharge into the
environment, and such documents shall be available for inspection or
reproduction during normal business hours except that the information
or particular person thereof confidential and may not be made public
when such would divulge trade secrets, production or sales figures or
methods, production or processes unique to such manufacturer,

processor, or distributor or would otherwise tend to affect adversely


the competitive position of such manufacturer, processor or distributor.
The Department of Environment and Natural Resources, however,
may release information subject to claim of confidentiality to a
medical research or scientific institution where the information is
needed for the purpose of medical diagnosis or treatment of a person
exposed to the chemical substance or mixture.”

See, 7. Items (i) and (ii), Paragraph (b), and Paragraph (c) of Section 14 of the aforementioned

Republic Act is hereby amended to read as follows:

“Section 14. Criminal Offenses and Penalties —

a)

b

°)

i) xxx
ii) xxx
iii) xxx

i) The penalty of imprisonment of TWENTY-FIVE (25) YEARS and one day to
FIFTY (50) YEARS shall be imposed upon any person who shall violate section 13
(d) of this Act. If the offender is a foreigner, he or she shall be deported and barred
from any subsequent entry into the Philippines after serving his or her sentenee;”

ii) In the case of corporations or other associations, the above penalty shall be
imposed upon the managing partner, president or chief executive in addition to an
exemplary damage of at least TWO MILLION pesos (PhP 2,000,000.00). If it is a
foreign firm, the director and all officers of such foreign firm shall be barred ftom
entry into the Philippines, in addition to the cancellation of its license to do business

in the Philippines;

iii) xxx

Every penalty imposed for the unlawful importation, entry, transport, manufacture,
processing, sale or distribution of chemical substances or mixtures, AND ALL
HAZARDOUSE WASTES into or within the Philippines shall carry with it the

confiscation and forfeiture in favor of the Government of the proceeds of the

unlawful act and instruments, tools or other improvements including vehicles, sea


d) vessels and aircraft used in or with which the offense was committed. CHEMICAL
SUBSTANCES AND MIXTURES, AND ALL HAZARDOUS WASTES SO
CONFISCATED AND FORFEITED BY THE GOVERNMENT WILL BE SENT
BACK TO ITS COUNTRY OF ORIGIN FOR PROPER DISPOSAL.

e) xxx
See. 8, Section 15 of the aforementioned Republic Act is hereby amended to read as follows:
“Section 15. Administrative Fines. - In all cases of violations of this
Act, including violations of implementing rules and regulations which
have been duly promulgated and published in accordance with Section
16 of this Act, the Secretary of Environment and Natural Resources is
hereby authorized to impose a fine of not less than FIFTY thousand
pesos (Php 50,000.00), but not more than ONE HUNDRED thousand
pesos (PhP 100,000.00) upon any person or entity found guilty thereof.
The administrative fines imposed and collected by the Department of
Environment and Natural Resources shall accrue to a special fund to
be administered by the Department exclusively for projects and
research activities relative to toxic substances and mixtures”

Sec. 9, If any provision of this Act is declared unconstitutional or invalid, the other provisions not
affected by such declaration shall remain in full foree and effect.

See. 10. Any law, decree, ordinance or administrative circular not consistent with any provision of
this Act is hereby amended, repealed or modified accordingly.

See. 11. This Act shall take effect fifteen (15) days after its complete publication in the Official
Gazette or in two (2) newspapers of general circulation.

Approved,