Republie of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City i

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 32 13

Introduced by HON. LINABELLE RUTH R. VILLARICA
4™ DISTRICT, BULACAN

EXPLANATORY NOTE

‘The 1987 Constitution mandates the State to provide a balanced and healthful ecology
and promote the right of the people and instill health consciousness among them.

Although there are existing laws that protect human health and the environment from
potential risks of hazardous waste, there is an increasing need for new ways to sustain a good
quality of life as population increases in the information age. Healthcare waste, E-waste, and
special household hazardous waste pile up as upgrades of new products and gadgets become
available for use by the population.

This proposed bill seeks to provide for a rational and comprehensive policy for
hazardous waste management that promotes cleaner production, waste minimization and
resource recovery, and proper treatment and disposal of hazardous waste, within the framework
of sustainable development.

To achieve this goal, the bill, among others: 1.) Provides for a system of identifying
and managing hazardous waste, including the formulation of the National Hazardous waste
Management Framework; 2.) Requires the application of best available techniques and best
environmental practices for the management of hazardous waste in treatment, storage and
disposal (TSD); 3.) Creates the Interagency Technical Advisory Council of government and
civil society representatives, for purposes of ensuring policy integration, and harmonization
and coordination of functions pertaining to hazardous waste management; and 4.) Tasks the
Department of Environment and Natural Resources (DENR) to establish guidelines for
manufacturers, importers of products and recyclable materials containing hazardous
substances; and for generators, transporters, and owners of hazardous waste TSD facilities.

This bill was filed during the 17" and 18° Congresses. Due to time constraints,
however, no further action was taken on it. This bill is re-filed for the consideration of the 19"
Congress.

Support for the enactment of his measure is yeti
J tlarres-
REP. LINABELLE RUTH R VILLARICA



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

3219

HOUSE BILL NO.

Introduced by REP. LINABELLE RUTH R. VILLARICA
4™ DISTRICT. BULACAN

AN ACT
PROVIDING FOR THE COMP! IENSIVE MANAGEMENT
OF HAZARDOUS WASTE

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

CHAPTER
GENERAL PROVISIONS

SECTION 1, Short Title. - This Act shall be known as the “Hazardous Waste
Management Act”,

SEC. 2, Declaration of Policy. — It is hereby declared the policy of the State to advance
the protection of human health and the environment from the potential risks of hazardous waste
within the framework of sustainable development, which includes healthcare waste. E-waste.
and special household hazardous waste. Towards this end, the State shall

(a) Develop and implement an integrated and comprehensive national and local
hazardous waste management program, focusing on pollution prevention, control
and resource conservation and recovery. that shall:

1, Improve waste management techniques, organizational arrangements, and
methods of collection. separation, and recovery of hazardous waste:

Minimize the generation of waste by encouraging cleaner production, process
‘substitution, resource recovery, recycling. and treatment:

3. Promote environmentally safe disposal of residue: and,

4. Raise public awareness and integrate public participation on the development
and implementation of hazardous waste programs;


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(b) Promulgate guidelines for the generation, collection. segregation, transport,
recovery. storage, treatment, and disposal of hazardous waste, including
safeguards, emergency, and contingency plans for accidents involving such waste;

(c) Establish measures to determine if imported reusable raw materials are hazardous
or contain hazardous substances;

(@) Promote a national research and development program for improved hazardous
‘waste management, resource conservation, and cleaner production techniques;

(c) Formulate and enforce a system of accountability for generators, including the
promotion of cleaner production techniques. extended producer responsibility
product stewardship, and social responsibility program:

(f) Strengthen the integration of hazardous waste management and resource
conservation and recovery topics into the formal and non-formal education
academic curricula, in order to promote environmental awareness and action
among the citizenry; and,

(g) Regulate the entry and transit of hazardous waste for whatever purpose, consistent
with international law, including multilateral or bilateral international agreements.

SEC. 3. Definition of Terms. — As used in this Act:

(a) Best available technique refers to any state-of-the-art technology or technological
method, which is attainable, accessible, and necessary to meet the standards
promulgated pursuant to this Act, and other relevant environmental laws:

(b) Best environmental practice refers to application of the most appropriate
combination of environmental control measures and strategies;

(c) Contaminated site refers to an area where the presence of soil contamination
presents a potential risk to humans, water, ecosystems, or other receptors based on
the standards to be set pursuant to Section 17 hereof;

(@) Disposal refers to the discharge, deposit, injection, dumping, spilling, leaking or
placing of any hazardous waste into the environment;

(e) E-waste refers to discarded electrical and electronic equipment, units, devices, or
any part thereof destined for recovery. recycling, treatment, or disposal;

(8) Hazardous waste refers to any equipment, device. material, or substance, discarded
from any household, commercial or industrial establishment, institution, or
healthcare facility, which waste may significantly contribute or pose an unreasonable
risk or potential threat to human health and the environment due to its concentration
or physical, chemical, or infectious characteristic, including its toxicity, reactivity,
ignitability. and corrosivity;


1 (g) Hazardous waste management refers to the systematic administration of activities
3 which provide for the identification, listing, collection, segregation at source,
4 storage, transport, recovery, processing, reprocessing, treatment, and disposal of
4 hazardous waste:
5 (h) Healthcare waste refers to the pathological and non-pathological infectious waste
6 generated from any healthcare facility. including those generated from any
7 household, commercial, or industrial establishment;
8 (i) Manifest or consignment note refers to a record prescribed by the Department of
9 Environment and Natural Resources (DENR) accompanying the hazardous waste
10 from the point of generation to final disposition thereof:
i () Open burning refers to the destruction of waste by means of direct exposure to fire;
12 (k) Resource recovery refers to the collection, extraction or recovery of recyclable
3 materials from the waste stream for the purpose of recycling, generating energy or
4 producing a product suitable for beneficial use, provided that the recovery excludes
is incineration as defined under Republic Act No. 8749, otherwise known as the “Clean
16 Air Act of 1999";
7 () Segregation refers to a waste management practice of separating different materials
18 found in hazardous waste, in order to promote recycling of resources and to reduce
19 the volume of waste for more efficient collection and disposal;
20 (m) Special household hazardous waste refers to consumer or industrial goods or
21 products discarded from households, including E-waste and healthcare waste which,
22 by their hazardous content or substance can, at the end of their shelf life, become
23 hazardous when indiscriminately disposed and released to the environment;
24 (n) Storage refers to the containment of hazardous waste, either on a temporary basis or
25 for a period of years, consistent with the guidelines prescribed by the DENR and in
26 such a manner as not to constitute disposal of the waste;
27 (0) Surface impoundments refer to pits, ponds, lagoons, and dike areas that are cither
28 natural topographic depression or man-made excavations that are primarily of
29 earthen materials. These are designed and constructed to hold or store and treat liquid
30 waste or waste containing free liquids through processes such as evaporation,
31 cooling, aeration, photo decomposition. and settling: and,
32 (p) Treatment refers to any method, technique. or process designed to change the
3 physical, chemical or biological character or composition of any hazardous waste so
34 as to render such waste nonhazardous, safe for transport, feasible for recovery and
35 storage, or reduced in volume.
36 SEC. 4. Coverage of this Act. - This Act shall apply to the generation, possession.

37 collection, recycling, recovery, storage, transport, treatment, and disposal of hazardous waste
38 inthe country.


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For the purposes of this Act. hazardous waste shall cover the following:

(a) hazardous waste, in general:

(b) special household hazardous waste:
(c) healthcare waste: and,

(d) E-waste,

This Act shall likewise cover the entry into or transit through Philippine territory of
hazardous waste.

CHAPTER
MANAGEMENT SYSTEM

Article One
General Provisions

SEC. 5. Identification and Listing of Hazardous Waste. — Within six (6) months from
the effectivity of this Act. the DENR shall, after notice and public consultation. develop.
formulate and publish the criteria for identifying and listing the characteristics of hazardous
waste. taking into account relevant factors such as toxici y. ignitability, corrosivi
degradability in nature, and potential for accumulation in tissue. The eriteria shall be reviewed
and revised every five (5) years thereafter, or as the need arises.

SEC. 6, Notification of Hazardous Waste Activity. — Upon the effectivity of this Act.
any person generating or managing hazardous waste is required to notify, in writing, the DENR
the Department of Health (DOH) and Philippine Nuclear Research Institute (PNRI). of their
hazardous waste activities. and register the same therewith. specifying the types of waste.
quantities, and incidents involving hazardous waste, among others.

SEC. 7. National Hazardous Waste Status Report. - Within six (6) months after the
formulation of the criteria for the identification and listing of hazardous waste pursuant to this
Act, the DENR. in coordination with the DOH and other concerned agencies. shall prepare an
annual National Hazardous Waste Management Status Report. hereinafter referred to as the
Status Report, which shall be used as a basis in formulating the National Hazardous Waste
Management Framework as mandated in Section 8 of this Act. The Status Report shall include
the following:

(a) Inventory of existing hazardous waste and their depots and facilities:

(b) General waste characterization, taking into account the source. type. and quantity of
hazardous waste generated and other factors:

(©) Projection of hazardous waste generation, including quantity for reduction, and
recovery;


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(4) Listing of treatment, storage, disposal (TSD) facilities, including transporters of
hazardous waste; and,

(e) Listing of identified contaminated sites.

SEC. 8, National Hazardous Waste Management Framework. - Within eighteen (18)
months from the effectivity of this Act, the DENR, in coordination with the DOH and other
appropriate agencies and entities, shall prepare and formulate a National Hazardous Waste
Management Framework, herein referred to as the “Framework”, which shall be updated every
five (5) years thereafter. It shall embody policies established pursuant to this Act, and shall
specifically contain the following:

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Goals and targets for waste reduction;

Strategies and techniques for hazardous waste control;

Systems for the proper transport, treatment, storage, and disposal of hazardous
waste;

(c

(d) Period of compliance for waste reduction;
(a) Monitoring and evaluation;

(b) Information and education campaign:

(©) Human resource welfare and development; and,

(d) Roles and responsibilities of relevant government agencies.

The Framework shall be adopted as the official blueprint for hazardous waste
management and shall be complied with by all relevant government agencies.

SEC. 9. Use of Best Available Technique and Best Environmental Practice in
Hazardous Waste Management. ~ Generators and owners of TSD facilities shall be required
to use the best available technique and best environmental practice (BAT/BEP) in hazardous
waste management, The Industrial Technology Development Institute of the Department of
Science and Technology (DOST), in coordination with the Inter-Agency Technical Advisory
Couneil created herein, shall formulate the criteria in assessing the proposed BAT/BEP to be
used. In the formulation and imposition of these criteria, the relative economic feasibility of
the technology shall also be considered.

SEC, 10. Market-Based Instruments. — Within six (6) months from the effectivity of
this Act, the DENR, in coordination with the manufacturers and importers of commercial and
industrial products containing regulated hazardous substances, and other relevant stakeholders,
shall establish the guidelines for the implementation of market-based instruments that promote
cleaner production, waste minimization and resource recovery, and proper treatment and
disposal of hazardous waste, which may include extended producer responsibility, buy-back
programs, social responsibility, and product stewardship programs.


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SEC. 11. Importation of Recyclable Materials Containing Hazardous Substances -
The DENR shall promulgate the rules and regulations on the importation of recyclable
materials containing hazardous substances. and shall ensure that these are consistent with
international law and agreements and applicable standards for the protection of the
environment.

Article Two:
Responsibilities of Waste Generators, Transporters, and Owners
of Waste Treatment, Storage, and Disposal Facilities

SEC. 12. Responsibilities of Generators of Hazardous Waste. — Within six (6) months
after the effectivity of this Act. the DENR. in consultation with other relevant agencies and
stakeholders, shall establish the responsibilities of generators of hazardous waste to ensure the
proper management of the generated hazardous waste. Waste generators shall bear the cost for
the proper storage, transport, treatment. and disposal of waste. Among other responsibilities.
hazardous waste generators shall perform the following:

(a) Keep arecord of the nature, composition, quantities, and disposition of the hazardous
waste generated at their facility. and of the trainings undergone by their personnel in
waste handling and emergency procedures:

(b) Use appropriate storage facilities and containers to prevent the release of hazardous
substances to the environment:

(c) Allocate funds for the treatment, storage, and disposal of hazardous waste, taking
into account the “Polluter Pays” principle and other relevant standards;

(d)_ Properly label all containers used for the storage. transport. or disposal of hazardous
waste:

(e) Use a manifest or consignment note system and any other means necessary to assure
that all hazardous waste generated are designated and recorded for treatment,
storage, or disposal in registered TSD facilities. The manifest shall also record
transportation details of said waste;

(#) Establish emergency and contingency plans to minimize damage in case of
accidents. and to contain and mitigate the effects of spills and accidents that may
occur in connection with the generation, transport. storage or disposal of such waste:

(g) Employ the services of transporters and TSD facilities that have been issued permits
pursuant to this Act; and.

(h) Submit relevant data to the DENR and other relevant agencies. as may be required.

SEC. 13. Responsibilities of Transporters of Hazardous Waste. — Within six (6)
months afier the effectivity of this Act. the DENR. in coordination with the DOH and the
Department of Transportation (DOT®). shall establish the responsibilities of waste transporters
and prescribe guidelines for the transport of hazardous waste to protect human health and the

environment. The responsibilities of hazardous waste transporters shall include the following:
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Keep a record of waste transportation activities, indicating therein the sources of
transported waste and the points where the same were delivered;

(a)

Register cartiers following safety standards that prioritize public health and
protection of the environment.

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Transport waste only if properly labeled, consistent with international standards:
(a) Transport waste to the TSD facility designated by the generator;

Establish emergency and contingency plans to minimize damage in case of
accidents, and to contain and mitigate the effects of spills and accidents that may
occur in connection with the transport of such waste; and,

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(® Coordinate with other concerned government agencies in connection with the
transport of hazardous waste to designated TSD facilities.

SEC. 14. Responsibilities and Standards of Performance for Owners of Hazardous
Waste TSD Facilities. — Within six (6) months after the effectivity of this Act, the DENR, in
coordination with the DOH, shall establish the responsibilities of the owners of TSD facilities
for hazardous waste: Provided, That the DENR, and the DOH where applicable, shall
distinguish the respective standards to be observed by new and existing facilities at the time of
the effectivity of this Act. These standards shall include the following:

(a) Performance standards for the design, construction, operation, maintenance, and
monitoring of the facility;

(b) Financial and personnel requirements and standards to ensure adequate resources
throughout the life cycle of the facility;

(c) Requirements, standards, procedures, and permits necessary for the closure,
decommissioning and post-closure care, monitoring and maintenance and use of the
facility;

(d) Waste acceptance requirements and procedures for different types of hazardous
waste packages; and,

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

SEC. 15. Categories of TSD Facilities. — Within six (6) months from the effectivity of
this Act, the DENR shall formulate specific, relevant, and appropriate criteria for waste
acceptance and standards for the different categories of TSD facilities as follows:

(a) Facilities hat employ fixed or mobile equipment to conduct on-site treatment and
disposal of hazardous waste generated or produced at the premises for
noncommercial purposes. - The DENR shall encourage on-site treatment of
hazardous waste by, providing for incentives pursuant to Chapter V of this Act,

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among other things: Provided, Thar generators that undertake partial treatment of
waste shall not be placed under this category:

Facilities that conduct treatment of hazardous waste;

Landfills that accept hazardous waste for disposal. - The DENR. after due review
and public consultation, shall promulgate criteria and regulations on the disposal of
hazardous waste in landfills. taking into account the following factors:

1. Long-term environmental uncertainties associated with land disposal of
hazardous waste;

Prioritization of appropriate management of hazardous waste; and,

3. Persistence. toxicity, mobility of hazardous waste and its hazardous
components. and their propensity to bioaccumulate.

For this purpose. utmost care shall be exercised to ensure that the hazardous
constituents of waste disposed in landfills do not migrate to the environment. The
disposal in waste landfills containing hazardous solvents. pesticides, and polycyclic
hydrocarbons as determined by the DENR after public consultation. is prohibited.

Facilities that recycle or reprocess hazardous waste that is not generated or
produced at the premises. -. These are facilities that receive and undertake off-site
treatment of hazardous waste. including the recovery of valuable materials from it,
use of it as input material or as fuel for production, or its production into compost
through biological treatment. This category includes facilities for recycling of used
lead-acid batteries. precious and non-precious metals, and oil. The DENR. in
coordination with the DOST. shall promulgate standards for this category:

Facilities that receive hazardous waste off-site or outside of the premises where the
waste is generaed or produced, and transforms the physical or chemical
characteristics of the hazardous waste, for disposal into landfills and other disposal
sites:

Facilities that store, within an allowable period, hazardous waste that is not
generated or produced within its premises. ~ In these facilities, the storage of any
hazardous waste is prohibited unless such storage is undertaken solely for the
purpose of consolidation prior to proper recovery. treaiment or disposal. but which
consolidation shall not take longer than the period prescribed by the DENR; and.

Other tand disposal facilities. - Engineered facilities under this category include
deep injection wells. borehole facilities. near surface facilities. surface
impoundments, land farming, and abandoned underground mines.


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(h) TSD and reception facilities in ports — These facilities shall be organized and
managed by the Philippine Ports Authority (PPA). Furthermore, no port shall be
established or allowed to operate without an accompanying port reception facility."

The DENR shall. as the need arises. revise the regulations. standards, guidelines, and
categories of TSD facilities, taking into account improvements in the technology of control and
measurement.

SEC, 16. Closure Plan and Post-Closure of Facility. - The owner of a TSD facility
shall submit a closure plan to address the potential environmental impact and health risk arising
from the facility. The plan shall include rehabilitation, remediation, and monitoring measures
and processes, as well as the budgetary. resource, and personnel requirements necessary to
implement the closure. Submission of the plan shall be required prior to the operation of new
facilities. For existing facilities, the plan shall be submitied within six (6) months after the
effectivity of this Act. The plan shall be reviewed and approved by the DENR.

Prior to the closure or termination of the TSD operation, the owner of the facility shall
secure a hazardous waste post-closure permit from the DENR. The permit shall be maintained
during the period of strict implementation of the approved post-closure plan,

SEC. 17. Guidelines for the Management of Contaminated Sites. — Within six (6)
months from the effectivity of this Act, the DENR. in coordination with other relevant
government agencies, shall formulate the identification, characterization, remediation, clean
up, and site control guidelines for the determination and management of contaminated sites.
The DENR shall update these guidelines as the need arises.

The DENR shall maintain a Registry of contaminated sites and make this information
accessible to the public.

Article Three
Registration Certificate and Fees

SEC, 18, Registration Certificate for Treatment, Storage, or Disposal of Hazardous
Waste. — Any person or entity who is operating or intends to operate a TSD facility for
hazardous waste pursuant to this Act. shall secure a registration certificate as prescribed under
this section, The DENR shall prescribe reasonable fees for the issuance of the said registration
certificate.

The registration certificate shall be issued annually during the first three (3) years of
operation of a TSD facility. Thereafter. the DENR may issue a registration certificate with a
validity of five (5) years to a TSD facility that has satisfactorily complied with the rules and
regulations issued pursuant to this Act for the first three (3) years of its operation: Provided.


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That the TSD facility shall undergo an annual audit to be conducted by a multidisciplinary
body constituted and authorized by the IATAC.

The DENR shall modify, suspend, or revoke such registration for noncompliance by a
TSD facility with the relevant provisions of this Act, or with the terms and conditions of such
registration.

SEC. 19. Registration Certificate for Hazardous Waste Transporter. — The
hazardous waste transporter that has a service agreement with a TSD facility shall be required
to secure a hazardous waste transport registration certificate from the DENR. The validity of a
transport registration certificate shall coincide with the validity of the registration certificate
issued to the TSD facility

The DENR shall modify, suspend, and revoke the registration for noncompliance by a
transporter with the provisions of this Act or with the terms and conditions of such registration.

Article Four
Hazardous Healthcare Waste

SEC. 20. Listing of Hazardous Healthcare Waste Categories. — Within six (6) months
from the effectivity of this Act, the DOH, in coordination with the DENR and the Department
of Interior and Local Government (DILG), and after public consultation, shall formulate the
criteria for identifying and listing the categories of hazardous healthcare waste to be tracked
and regulated. In the formulation of the criteria, tie DOH shall take into account relevant
factors such as the presence of infectious agents, toxicity, reactivity, ignitability, and
corrosivity. For radioactive healthcare waste, the rules and regulations issued by the Philippine
Nuclear Research Institute shall apply.

SEC. 21. Management of Hazardous Healtheare Waste in Hospitals and Other
Healthcare Facilities, — For the safe and environmentally sound management of hazardous
healthcare waste in hospitals and other healthcare facilities, the DOI! shall promulgate rules
and regulations applicable to generators. transporiers, and owners of TSD facilities established
pursuant to Sections 12, 13, and 14 hereof. These shall include the effective and proper
handling, collection, transport, treatment, storage, and disposal of such waste. The rules and
regulations shall include guidelines that will prevent significant adverse impacts on health and
the environment. For this purpose, the rules and regulations shall include the following:

(a) Waste minimization and segregation at source practices in hospitals and other
healthcare facilities;

(b) Provision of appropriately labeled storage, receptacle, or bin for each healthcare
waste category:

(c) Collection and storage of all hazardous healthcare waste in designated on-site
storage areas until transported to a TSD facility:

(4) On-site treatment of hazardous healtheare waste through appropriate treatment
methods;

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{e) On-site treatment by healthcare facilities with the capacity to manage the hazardous
healthcare waste of other healthcare facilities. Services to other healtheare facilities
shall be approved by the DENR. For the off-site treatment. storage, and disposal
requirements of the hazardous waste, the standards established for facilities under
paragraphs (b) to (f) of Section 15 of this Act shall apply:

(f) Treatment of hazardous liquid waste by all healthcare facilities in compliance with
the provisions of Republic Act No. 9275, otherwise known as the “Philippine Clean
Water Act of 2004", and disposal of treated sludge in conformity with this Act; and,

Creation of a committee on hazardous healthcare waste management in all healthcare
facilities that shall develop and implement an action plan for the proper management
of healthcare waste. The plan shall include strategies to ensure immediate and
appropriate action in emergencies arising from hazardous waste. The creation of this
committee shall be mandatory in all hospitals. For other healthcare establishments,
a hazardous waste management officer shall be designated.

(g

Article Five
Special Houschold Hazardous Waste

SEC. 22. Collection of Special Household Hazardous Waste, — The local government
units (LGUs) shall be responsible for the collection of special household hazardous waste
characterized as such pursuant to Section 5 hereof. The LGUs may enter into agreements with
entities duly accredited by the DENR for the collection of special household hazardous waste.

‘The owners of material recovery facilities (MREs) that are duly authorized to collect
special household hazardous waste, and transporting services that transport such waste from
houscholds to MREs. shall register their facilities or services with the concemed LGU,

SEC. 23, Management of Special Household Hazardous Waste. ~The management of
special household hazardous waste shall be undertaken by the LGUs pursuant to Section 26
hereof, This shall include the segregation, collection. transport, treatment, storage. and disposal
of special hazardous waste, which shall be regulated in accordance with this Act.

CHAPTER IIE
INSTITUTIONAL MECHANISM

SEC. 24. Lead Agency. ~ The DENR shall be the primary government agency
responsible for the implementation and enforcement of this Act, including in special economic
and freeport zone areas, unless otherwise provided herein. As such. it shall have the following
functions. powers, and responsibilities:

(a) Develop and implement programs to achieve the goals and objectives set under this
Act;

(b) Prepare an annual National Hazardous Waste Status Report:
(©) Prepare a National Hazardous Waste Management Framework every five (5) years;

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Develop and promulgate the criteria for identifying and listing the characteristics of
hazardous waste:

Establish, enforce, review, and revise standards for generators, transporters, owners,
and operators of hazardous waste TSD facilities;

Exercise jurisdiction over all aspects of hazardous waste including its generation,
possession, collection, destruction, recovery, use, storage, transportation, treatment,
disposal and entry, even in transit, into Philippine territor

Evaiuate applications and issue permits and licenses pursuant to this Act;

Revoke. modify, or deny, in accordance with standards, rules, and regulations. the
hazardous waste transporter licenses, TSD facility permits, or other licenses issued
in accordance with this Act:

Collaborate with other national government agencies, LGUs, academic institutions,
civil society, and the private sector to attain the objectives of this Act;

Accept, receive, and administer grants, funds, or gifts from public and private
agencies, for the purpose of carrying out government programs for hazardous waste
management;

Encourage, coordinate, participate in, or conduct studies, investigations, research,
and technical demonstrations relating to hazardous waste management as it may
deem advisable and necessary for the discharge of its duties pursuant to this Act;

Encourage waste reduction, resource recovery and exchange. and energy
conservation in hazardous waste management;

(m) Oversee any corrective action undertaken pursuant to the rules and regulations issued

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in accordance with this Act;

Formulate and undertake the appropriate protocol with other concemed agencies for
an immediate and coordinated response to hazardous waste-related emergency
incidents;

Formulate and implement rules and regulations that will enable the country to
comply with international agreements on hazardous waste management;

Issue an order against any person or entity, and impose fines or other administrative
penalties under this Act:

Recommend to the Department of Justice (DOJ) the filing of appropriate criminal
charges for violation of this Act; and.

Exercise such powers and perform such other functions, as may be necessary to carry
out the objectives of this Act.


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SEC. 25. Role of the DOH. ~ The DOH shall be primarily responsible in performing the
following duties and responsibilities:

(a) Develop, promulgate, and publish criteria in identifying and listing the categories of
hazardous healthcare waste to be monitored and regulated;

(b) Develop and promulgate the rules and regulations for the effective management of
hazardous healthcare waste in hospitals and other healthcare facilities; and,

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

SEC. 26. Role of LGUs. - The LGUs shall perform the following duties and
responsibilities:

(a) Share the responsibility for the implementation, enforcement, and monitoring of the
provisions of this Act within their territorial jurisdiction, such as the registration and
compliance monitoring of hazardous waste generators, transporters, and TSD
facilities;

(b)

Develop and implement a special household hazardous waste management program
as part of their Ten-Year Solid Waste Management Plan under Republic Act No.
9003 otherwise known as the “Ecological Solid Waste Management Act of 2000”;

(c) Prepare a compliance scheme in accordance with their special household hazardous
waste management program;

(d) Ensure the proper segregation and collection of special household hazardous waste;

(e) Develop and enhance the plans and programs of local governments on community
preparedness and response to hazardous waste emergencies;

(f) Participate in all efforts concerning hazardous waste management; and,
(g) Enact appropriate ordinances to implement their role in pursuance of this Act.

SEC. 27. The Inter-Agency Technical Advisory Council. ~ For purposes of policy
integration and harmonization and coordination of functions, there is hereby created an Inter-
Agency Technical Advisory Council (IATAC), to be composed of the following officials or
their duly authorized representatives:

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

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

(@) Secretary of Agriculture;

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(f) Secretary of Trade and Industry;

(g) Secretary of National Defense;

(h) Secretary of Foreign Affairs;

(i) Secretary of Transportation;

(i) Secretary of Interior and Local Government;
(k) Secretary of Labor and Employment;

()) Secretary of Energy;

(m) Director General of the Philippine Economic Zone Authority, in representation of
and in consultation with other economic and freeport zones;

(n) Representative of civil society;

(0) Representative of business and industry:

(p) Representative of TSD facility operators: and,
(q) Representative of the academe.

‘The representatives of civil society organizations, the academe, TSD facility operators,
and the industry shall be nominated through a process designed by the IATAC and shall be
appointed by the President for a term of three (3) years.

The [ATAC shall constitute and authorize a multidisciplinary body to conduct an annual
audit and to determine the compliance of TSD facility operators with the terms and conditions
stipulated in the permits and licenses issued pursuant to this Act.

SEC. 28. The [ATAC Technical Working Group. — The IATAC shall be supported by
a technical working group, which shall be composed of representatives from the following
agencies and institutions:

(a) Environmental Management Bureau of the DENR;
(b) Disease Prevention and Control Bureau of the DOH;

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Industrial Technology Development Institute of the DOST;

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Philippine Nuclear Research Institute of DOST:

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Bureau of Soil and Water Management of the Department of Agriculture (DA);
(f) Fertilizer and Pesticide Authority of the DA;
(g) Bureau of Customs of the Department of Finance;

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(h) Bureau of International Trade Relations of the Department of Trade and Industry
(DTD:

(i) Board of Investments of the DTI:

(i) Bureau of Import Services of the DTI:
(k) Department of National Defense:

() Land Transportation Office of the DOT:

(m) Occupational Health and Safety Center of the Department of Labor and
Employment;

(n) Philippine Coast Guard:

(0) Civil society organizations;

(p) Business and Industry:

(q) Academe; and.

(x) Other agencies and sectors as may be necessary.

Representatives of civil society organizations, industry, and the academe shall be
nominated through a process designed by the [ATAC.

SEC. 29. Linkage Mechanism. - The DENR and its concerned agencies may coordinate
and enter into formal agreements with other government agencies, civil society. industrial
sector and other concerned sectors in the furtherance of the policies of this Act: Provided, That
the DENR shall coordinate with the DILG and the Philippine National Police (PNP) and the
DOTr and PCG in the case of ship transporters, in the enforcement of the guidelines. rules, and
regulations on the transport of hazardous waste pursuant to this Act.

SEC. 30, Visitorial Powers. —The Secretaries of the DENR, and the DOH insofar as
healthcare facilities and healthcare TSD providers are concerned. or their authorized
representatives, or with the PCG insofar as ships and ports are concemed, shall have the right
to visit the premises and inspect the documents of any generator, transporter, or TSD facility
or port reception facility”, to determine any violation or to aid in the effective enforcement of
this Act and its implementing rules and regulations. Likewise, these authorities shall have
access and right to copy therefrom, the records required. pursuant to the provisions of this Act.
This section shall not apply to private dwellings, unless the visitorial power is otherwise
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CHAPTER IV
FINANCING HAZARDOUS WASTE MANAGEMENT

SEC. 31. Financial Liability for Environmental Rehabilitation. — The DENR shall
require the generators and owners of TSD facilities to establish an Environmental Guarantee
Fund (EGF) or Marine Environmental Monetary Fund (MEME) in the case of vessels as part
of the Environmental Management Plan submitted, in line with the application for an
Environmental Compliance Certificate (ECC) required under Presidential Decree No. 1586 and
its implementing rules and regulations. The EGF or MEMF shall be used for emergency
response, cleanup, rehabilitation, and remediation of areas that may be damaged during the
generation, transport. treatment, storage, or disposal of hazardous waste, and post-closure
activities of the facility. The liability for damages shall continue even after the termination of
the project and until the lapse of a given period indicated in the ECC, as determined by the
DENR.

The EGF and MEMF may be in the form of a trust fund, environmental insurance, surety
bonds, letters of credit, self-insurance, and any other instrument as may be identified by the
DENR. Consideration of the guarantee instrument or combinations thereof shall include an
assessment of the risks involved. Generators and owners of TSD facilities required to put up
guarantee instruments shall furnish the DENR with evidence of availment of such instruments.

CHAPTER V
INCENTIVES

SEC. 32. Rewards. ~ Rewards. monetary or otherwise, shall be granted to individuals,
private organizations and entities. including non-government organizations (NGOs) that have
undertaken outstanding and innovative projects, technologies, processes, and techniques, or
activities for the management of hazardous waste.

SEC. 33, Incentives Scheme. An incentive scheme is hereby provided for the purpose
of encouraging enterprises, private entities, LGUs, and NGOs, to develop or undertake
effective hazardous waste management, or actively participate in any program geared towards
the promotion thereof, consistent with the objectives of this Act.

(a) Tax, Duty Exemption, and other incentives under Republic Act No. 11534,
otherwise known as the “Corporate Recovery and Tax Incentives for Enterprises
Act” or the “CREATE” Law. ~ Upon the effectivity of this Act, registered business
enterprises that use, acquire, and import machinery, equipment, technology, spare
paris and specialized types of vehicles used for the transport, processing, storage,
and treatment of hazardous waste, including cleaner production and waste
minimization technologies, may avail of the incentives of at least Tier II provided
under Title XII of the National Internal Revenue Code, as amended;

(b)

Exemption from Value-Added Tax (VAT) on the Sale of Domestic Capital
Equipment — Within five (5) years from the effectivity of this Act, the sale of
domestic capital equipment, including its spare parts, to registered enterprises,
LGUs, and NGOs, to be used for the processing, storage, and treatment of hazardous

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waste, shall be exempted from the VAT imposed under the National Internal
Revenue Code of 1997, as amended: Provided. That the said incentive shall be
subject to the same conditions and prohibitions cited in the preceding paragraph.

(c) Tax Exemption of Donations. Legacies. and Gifts — All donations, legacies, and gifis
made by any person or entity in favor of LGUs and NGOs for the support and
maintenance of programs for the effective hazardous waste management, shall be
exempt from donor's tax pursuant to the Nationa! Internal Revenue Code of 1997,
as amended.

(d) Financial Assistance Program ~ Government and private financial institutions. in
accordance with, and to the extent allowed by the enabling provisions of their
respective charters or applicable laws, may accord high priority to individuals,
enterprises. or private entities engaged in hazardous. medical, and special hazardous
waste management by providing special financial services, including the grant of
preferential rates; and,

(e) Extension of Grants to LGUs. - Cities or municipalities that opt to develop special
household hazardous waste management plans, ot have adopted innovative waste
management programs, may be entitled to receive grants in order to develop their
technical capacities and efficiently implement their plans,

CHAPTER VI
CIVIL LIABILITY AND PENAL PROVISIONS

SEC. 34. Generator’s Liability. — A generator is primarily responsible for the
management of hazardous waste until said waste has been certified as properly treated or
disposed by a duly accredited TSD facility: Provided, That for exported waste that is treated
and disposed of in accordance with international agreements and their amendments, the TSD
facilities in the country of destination shall issue the certificate of treatment and disposal. All
other environmental service providers involved in the transport, treatment, storage, and
disposal of said waste shall be jointly and severally liable with the generator for any adverse
environmental impact that results from the improper management of the waste.

SEC. 35. Prohibited Acts. - The following acts are prohibited:

(a) Discarding, throwing, dumping, or storing of hazardous waste listed pursuant to this
Act, or causing or permitting the commission of same acts, in public places, in
municipal solid waste facilities. or in other areas or facilities not designed therefor:

(b) Undertaking activities involving the collection or transport of hazardous waste in
violation of the standards and other requirements or permits set forth in this Act;

ing the collection of unsegregated or unsorted hazardous waste:

(c) Causing ot permi

(d) Operating a TSD facility without the permit required under this Act:

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Transporting hazardous waste without the permit or license required under this Act:

Mixing of source-separated recyclable material with other hazardous waste in any
vehicle, container, or receptacle used in hazardous waste collection, transportation
or disposal;

Disposing of hazardous waste in open and controlled dumps as enjoined in this Act,
or causing and permitting the same;

Establishing and operating of open and controlled dumps for hazardous waste:

Transporting and dumping of collected hazardous waste in areas other than the
facilities prescribed under this Act:

Open burning of hazardous waste;

Transporting any hazardous waste to a TSD facility that is not authorized to receive
such waste pursuant to this Act;

Treating. storing, or disposing of any hazardous waste without proper permit or
license. or in knowing violation of any material condition or requirement of such
permit or license. or in violation of any standard promulgated pursuant to this Act;

(m) Making any false material statement, representation, or certification in any

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application, label. permit, record, report, manifest, or other document filed, or
required to be maintained under this Act:

Falsifying. tampering with, or rendering inaccurate, any monitoring device or data
required under this Act;

Generating, treating. storing, transporting, disposing, or handling of any hazardous
waste, and in connection therewith. willfully destroying, altering or concealing any
record required to be maintained under this Act:

Owning, maintaining, or operating any hazardous waste disposal facility in violation
of the hazardous waste management standards or the rules and regulations issued
pursuant to this Act;

Failing to notify the DENR, DOH and PNR! of hazardous waste activities pursuant
to Section 6 hereof;

Importing, causing, or permitting the entry, even in transit, of any hazardous waste
into Philippine territory in violation of the provisions of this Act, its implementing
rules and regulations, and relevant international agreements and protocols;

Constructing, substantially altering, or operating a hazardous waste TSD facility.

including all post-closure activities and operations specified in the rules and
regulations, without first obtaining a permit as specified in this Act; [and,]

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(t) Site preparation, construction, expansion, or operation of TSD facilities without an
Environmental Compliance Certificate (ECC) required under Presidential Decree
No. 1586 and this Act; and

(u) Discharging and dumping of hazardous or radioactive wastes from ships, and deep-
sea injection.

SEC. 36. Fines, Damages, and Penalties. —

(a) Unless otherwise provided herein, any person who commits any of the prohibited
acts described under Section 35, or violates any of the provisions of this Act, the
standards established pursuant to this Act, or its implementing rules and regulations,
shall be fined by the Pollution Adjudication Board (PAB), after due hearing
conducted thereon, in the amount of not less than Fifty thousand pesos (P 50,000.00)
but not more than One million pesos (P 1,000,000.00) for every violation: Provided,
That for violation of Section 35 involving the prohibited acts under paragraphs (a).
(g), (h), (i), (), (p), (5) and (t) thereof, the fine shall be imposed for cach day of
violation.

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

(b) The PAB may order the suspension of development or construction, cessation of
operations, or closure of the facility, until such time that proper environmental
safeguards are in place, or are in compliance with this Act, or its rules and regulations
are undertaken by the offender, without prejudice to the issuance of an ex parte order
for such closure, suspension of development or construction, or cessation of
operations during the pendency of the case: Provided, That if the prohibited act shall
require a cleanup and rehabilitation of the environment, the offender shall also be
required to restore the area or pay for the restoration thereof. The PAB may also
award such damages as it may deem just and fair under the circumstances in favor
of a private complainant.

The PAB shall issue a resolution recommending that the proper government agencies
file criminal charges against any person who commits a gross violation of this Act.
Gross violation shall mean any of the following:

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1. Deliberate disposal of hazardous waste without the required permit issued
pursuant to this A

2. Three (3) or more violations of paragraphs (a), (4). (€), (g)s (K)s () and (m) of
Section 35 hereof within a period of two (2) years: or.

3. Blatant disregard of the orders of the PAB such as the nonpayment of fines,

breaking of seals, or operation of the source of pollution. despite the existence
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of an order for closure. discontinuance or cessation of operation, or the
unjustified refusal for the entry or access to any premises of an authorized
DENR represeniative.

(d) In case of gross violation of this Act. the offender shall pay a fine of not less than
Five hundred thousand pesos (P. $00,000.00) but not more than Five million pesos
(P-5.000.000.00), or be punished with imprisonment of not Jess than three (3) years
but not more than ten (10) years. or both. at the discretion of the court. If the offender
is a juridical person. the chief executive officer and the pollution control officer or
its equivalent, shall suffer the penalty herein provided: Provided, That the officers
and incorporators of TSD facilities who violated the post-closure requirements
issued pursuant to Section 16 hereof. shall be banned from setting up any TSD
facility and hazardous waste transport company. and engaging in the operation of
the same.

Ifthe offender is an alien, the offender shall. after service of the sentence prescribed
above. be deported without further administrative proceedings.

‘e) To compensate for inflation and to maintain its deterrent function, the fines
Ips
prescribed herein shall be reviewed and revised every three (3) years. or whenever

necessary

SEC. 37. Administrative Sanctions. — Local government officials and officials of
concerned government agencies who fail to comply with and enforce the rules and regulations
promulgated relative to this Act, shall be charged administratively in accordance with Republic
Act No. 7160 or the “Local Government Code of 1991” and Executive Order No. 292 or the
~Administrative Code of 1987” and other existing laws. rules. and regulations.

SEC. 38. Adm Action. ~ Without prejudice to the right of any affected person
to file an administrative complaint against a violator of this Act, the DENR and the DOH shall
at their instance or upon a verified complaint by any person, institute administrative and ci
proceedings against a person who violates the standards or limitations set under this Act, or
any order, rule. or regulation issued by the DENR and the DOH with respect to such standards
and limitations.

SEC. 39. Citizen's Suit. — For purposes of enforcing the provisions of this Act or the
rules and regulations issued to implement it, any citizen may file an appropriate civil, criminal,
or administrative action in the proper courts or bodies against the following:

(a) Any person who violates or fails to comply with the provisions of this Act or its

implementing rules and regulations:

(b) The DENR or other implementing agencies with respect to orders. rules, and
regulations issued that are inconsistent with this Act; or

(c) Any public officer who willfully or grossly neglects the performance of an act

ifically enjoined as a duty under this Act or the rules and regulations issued to

implement it, or abuses the authority vested in them in the performance of duty, or
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improperly conducts the duties under this Act or the rules and regulations issued to
implement it: Provided, however, That a suit can be filed only after a thirty (30)-day
notice had been given to the public officer and the alleged violator concerned. and
when no appropriate action had been taken thereon.

The court shall exempt such action filed from the payment of filing fees, and upon prime
facie evidence showing the non-enforcement or violation complained of. The plaintiff shall
also be exempt from the filing of an injunction bond for the issuance of a preliminary
injunction.

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

SEC. 40. Suits and Strategic Legal Action Against Public Participation (SLAPP)
and the Enforcement of this Act. ~ Where a suit is brought against a person who filed an
action as provided for in Section 39 of this Act, or against any person. institution or government
agency tasked to implement this Act. it shall be the duty of the investigating prosecutor or the
court, as the case may be, to immediately make a determination within a period not exceeding
thirty (30) days whether the legal action has been filed to harass. vex, exert undue pressure, or
stifle such legal recourses of the person complaining of a violation or enforcing the provisions
of this Act. Lipon determination thereof. evidence warranting the same, the court shall dismiss
the case and award attorney's fees and double damages to the respondent.

This provision shall also apply and benefit public officers who are sued for acts
committed in their official capacity, there being no grave abuse of authority, and done in the
course of enforcing this Act.

CHAPTER VIL
MISCELLANEOUS PROVISIONS

SEC. 41, Mandatory Public Hearings. — The DENR shall determine the process by
which the public hearings relative to the formulation of the Framework mandated under Section
8 hereof shall be undertaken.

SEC. 42. Research on Hazardous Waste Management. ~ The DENR after
consultations with the concerned agencies, shall encourage and render financial and other
assistance to appropriate government and private agencies, institutions, and individuals in the
promotion and conduct of researches. experiments. and other studies on hazardous waste
management, particularly those relating to the

(a) Adverse effects on health as a result of the release into the environment of hazardous
waste, and methods to eliminate said effects or mitigate the health risks related
thereto:

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(c) Planning. implementation. and operation of resource recovery and resource
conservation systems;

(d) Production of usable forms of recovered resources. including fuel from hazardous
waste:

(e) Development and application of new and improved methods of collecting.
separating, and disposing of hazardous waste, and processing and recovery of
materials and energy from hazardous waste:

(Cleaner production technologies:
(g) Improvements in land disposal practices for hazardous waste; and,

(h) Development of new uses of recovered resources and identification of existing or
potential markets of recovered resources.

‘The DENR. the DOH. and the DOST or their authorized representatives. may award
grants or enter into contracts with government agencies. NGOs, and private persons to conduct
hazardous waste research and studies.

SEC. 43. Public Education and Information, — The DENR and the DOH. i
coordination with the Department of Education (DepEd). the Technical Education and Skills
Development Authority (TESDA), the Commission on Higher Education (CHED). the DILG.
the Philippine Information Agency (PIA). and the LGUs, shall conduct a continuing education
and information campaign on hazardous waste management. Such education and information
program shall:

(a) Aim to create public awareness on the impacts of hazardous waste and methods to
prevent or minimize its adverse effects;

(b) Focus on activities that are feasible and offer the greatest impact on hazardous waste
management: and,

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

SEC. 44. Environmental Education in the Formal and Non-formal Sectors. — The
National Government. through the DepEd and in coordination with concerned government
agencies, NGOs. and private institutions. shall strengthen the integration of environmental
concerns in school curricula at all levels. with particular emphasis on the principles underlying
hazardous waste management. in order to promote environmental awareness and affirmative
action among the citizenry.

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SEC. 45. Role of Business and Industry. - The DENR, DTI, and the DOH shall
encourage commercial and industrial establishments, through appropriate incentives other than
tax incentives, to initiate, participate. and invest in integrated hazardous waste management
projects; to manufacture environment-friendly products: to introduce, develop and adopt
innovative processes that result in recycling of materials, conservation of raw materials and
energy, and reduction of waste and prevention of pollution; and to undertake community
activities to promote and propagate effective hazardous waste management practices.

CHAPTER VIII
FINAL PROVISIONS

SEC. 46. Appropriations. — The amount necessary for the implementation of this Act
shall be included in the respective budgets of the DOTr-PCG in the annual General
Appropriations Act.

SEC. 47. Joint Congressional Oversight Committee. - In addition to its mandated
functions, the Joint Congressional Oversight Committee created under Republic Act No. 9003
shall also monitor the implementation of this Act.

SEC. 48. Report to Congress. ~ The DENR shall render @ detailed report to Congress,
not later than March 30 of every year, following the approval of this Act, of its
accomplishments and progress on hazardous waste management during the previous year, and
shall submit the necessary recommendations in areas requiring legislative action

SEC, 49. Transitory Provision, — Pending the establishment of the Framework
mandated under Section 8 hereof and the promulgation of the implementing rules and
regulations of this Act, pertinent existing laws, regulations, programs and projects on hazardous
waste management shall continue to be enforced: Provided. That for specific undertakings.
these may be revised in the interim in accordance with the intentions of this Act.

SEC. 50. Implementing Rules and Regulations. — Within one (1) year from the
effectivity of this Act, the DENR and the DOH shall promulgate the rules and regulations for
the effective implementation of this Act: Provided, Thar rules and regulations issued by other
government agencies and instrumentalities relative to hazardous waste management consistent
with this Act, shall supplement the rules and regulations issued by the DENR and the DOH.
pursuant to the provisions of this Act.

There shall be a regular mandatory review of the rules and regulations issued to
implement this Act, including the standards set pursuant to the provisions of this Act.

SEC. 51. Separability Clause. - If any provision of this Act or the application of such
provision to any person or circumstance is declared unconstitutional, the remainder of this Act
or the application of such provision to other persons or circumstances shall not be affected by
such declaration.

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SEC. 52. Repealing Clause. — Republic Act No, 6969 otherwise known as the “Toxic
Substances and Hazardous and Nuclear Wastes Control Act of 1990”, Republic Act No. 9003.
and Republic Act No. 7160, as amended, are modified accordingly. All laws, decrees,
issuances, rules and regulations or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 53. Effectivity. — This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,