EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
2nd Regular Session 
)
SENATE
■' 
*.ir.
10 AUG 25 P3 ;29
COMMITTEE REPORT NO.
106
Submitted jointly by the Committees on Energy, Environment, Natural Re^uttes'and" (
Climate Change, and Ways and Means on AUG 2 5 2020 
Re: Senate Bill No. 1789
D
Recommending its approval in substitution of Senate Bill Nos. 363 and 401. 
Sponsor: Senator Sherwin T. Gatchalian
The Committees on Energy, Environment, Natural Resources and Climate Change, and 
Ways and Means, to which were referred Senate Bill No. 363, introduced by Senator 
Sherwin T. Gatchalian, entitled:
"AN ACT ESTABLISHING A NATIONAL ENERGY POLICY AND 
REGULATORY FRAMEWORK FOR FACILITIES UTILIZING WASTE-TO- 
ENERGY TECHNOLOGIES"
and Senate Bill No. 401, introduced by Senator Francis "To!" N. Tolentino, entitled:
"AN ACT ALLOWING THE USE OF WASTE TO ENERGY TECHNOLOGY IN 
ELECTRICITY, FUEL AND HEAT GENERATION, AND FOR OTHER PURPOSES"
have considered the same and have the honor to report them back to the Senate with 
the recommendation that the attached bill. Senate Bill No. 1789 entitled:


"AN ACT ESTABLISHING A NATIONAL ENERGY POLICY AND 
REGULATORY FRAMEWORK FOR FACILITIES UTILIZING WASTE-TO- 
ENERGY TECHNOLOGIES"
be approved in substitution of Senate Bill Nos. 363, and 401, with Senators 
Gatchaiian, Tolentino, and Binay as authors thereof.


Respectfully submitted:
CHAIRPERSONS:
SEN. CYNTHIA A. VILLAR
Committee on Environment, 
Naturai Resources and Ciimate 
Change
IN GATCH LTAN
Committee on Energy; 
Memper, Committee on 
Environment, Natural 
Resources and Climate 
Change; Committee on Ways 
and Means
/«/ 
^ w Uti 
f
SENATOR PIA alCAYETANO vnU
Committee on Ways and Means 
*
Vice Chairperson, Committee on Environment,
Natural Resources and Climate Change
VICE CHAIRPERSONS:
SEN. FRANCrS "To!" N. TOLENTINO 
SEN. SONNY ANGARA
Committee on Environment, Natural Resources Committee on Ways and 
and Climate Change; Member, Committee on Energy Means; Member, Committee
on Energy
MEMBERS:
SEN. RICHARD 3. GORDON
Committee on Energy
Committee on Environment, Natural Resources 
and Climate Change; Committee on Ways and 
Means
"may Interpallate^
SEN. JOEyyiLLANUEVA
Committed in Environment, 
Natural R^ources and 
Climate Change


SEN. IMEE R. MARCOS
Committee on Energy
Committee on Environment, Naturai Resources 
and Ciimate Change; Committee^ on Ways and 
Means
SEN. MARIA L0URDB5 NANCY S. BINAY
Committee on Energy 
Committee on Environment, Natural Resources 
and Climate Change
SEN. CHRWwrOPHER BONG GO
Committee on Environment, 
Natural Resources and Climate 
Change; Committee on Ways and 
Means
SEN^GRACE POE
Cornmittee on Energy 
Committee on Ways and Means
sena:CO^anfilo m. lacson
Committee on Energy 
Committee on Ways and Means
SEN. RONALDV"Batis"'DELA ROSA
Committee on 
Committee on Environment, Natural 
Resources and Climate Change 
Committee on Ways and Mea^
SEN. E
D. PACQUAIO
Committee on Energy
Committee on Environment, Natural Resources 
and Climate Change; Committee on Ways and 
Means
SEN.MAtUJiEL "LITO'
Committee on Energy 
Committee on Environment, 
Natural Resource and Climate 
Change; Committee on Ways and 
Means
SEN. AQUILINO "Koko"
Committee on Energy
IMENTEL III
(ONG REVILLA JR.
on Ways and Means
SEN. RISA HONTIVEROS
Committee on Energy 
Committee on Environment, Natural 
Resources and Climate Change 
Committee on Ways and Means
SEN. FRANCIS "Kiko" PANGILINAN
Committee on Energy 
Committee on Environment, Natural 
Resources and Climate Change 
Committee on Ways and Means


/j,
SEN. LEILA M. DE LIMA
Committee on Energy 
Committee on Environment, 
Naturai Resources and Ciimate Change 
Committee on Ways and Means
-OFFICIO MEMBERS:
RECTO
President ^-Tempore
'may amend;
SEN. FRANKLIN M. DRILON
MinOr/ty Leader
pi^IGUEL F. ZUBIRI
Majority Leader
HON. VICENTE C. SOTTO III
Senate President


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHIUPPINES 
)
Second Regular Session 
)
f-iT
20 
W)G25 P3 29
SENATE
Senate Bill No. 1*789
Rh*. ■:
(In substitution of Senate Bill Nos. 363 and 401)
Prepared by the Committees on Energy; Environment, Natural Resources and 
Climate Change; and Ways and Means with Senators Sherwin T. Gatchalian, Francis 
"Torn. Tolentino, and Maria Lourdes Nancy S. Binay as authors thereof
AN ACT
ESTABLISHING A NATIONAL ENERGY POLICY AND REGULATORY 
FRAMEWORK FOR FACILITIES UTILIZING WASTE-TO-ENERGY
TECHNOLOGIES
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
I
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Act".
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(a)
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(b)
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(c)
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SECTION 1. Short Title. - This Act shall be referred to as the "Waste-to-Energy
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to: 
Ensure protection of the public's health and the environment through a 
systematic and comprehensive ecological solid waste management program; 
Strengthen its commitment to solid waste avoidance and volume reduction 
by supplementing the latter with other solid waste management treatment 
technologies to include waste-to-energy;
Encourage the development and utilization of environmentally sustainable 
new and alternative technologies in resource recovery, resource conservation, 
processing, treatment, and disposal of solid waste, such as waste-to-energy 
facilities;


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(d) Support the utilization of waste-to-energy facilities in order to attain
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sustainable energy and energy security;
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(e) Strengthen the integration of solid waste management, waste-to-energy
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promotion, and environmental protection towards healthful cities amidst
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economic growth and development; and
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(f) Promote collaboration, cooperation, and participation of various sectors in
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coordinated approaches to solid waste management and waste treatment
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technology towards national development and jobs creation.
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Sec. 3. Scope and Application. - This Act shall apply to all local government
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units and waste-to-energy facilities.
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Sec. 4. Definition of Terms. - For purposes of this Act, the following terms
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shall be defined as stated below:
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(a) Agricultural waste refers to waste generated from planting or harvesting of
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crops, trimming or pruning of plants, and wastes or run-off materials from
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farms or fields;
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(b) Biomedical waste or hazardous healthcare waste refers to waste from
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healthcare facilities that may pose a variety of environmental and health risks.
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It can be further classified into sharps waste, infectious waste, pathological
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and anatomical waste, pharmaceutical waste, genotoxic waste, chemical
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waste, radioactive waste, and pressurized containers as defined by the
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Department of Health (DOH);
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(c) City or Municipal Solid Waste Management Board refers to the entity
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established by each city or municipality pursuant to Section 12 of Republic
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Act No. 9003, otherwise known as the Ecological Solid Waste Management
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Act of 2000;
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(d) Chemical and industrial waste refers to discarded solid, liquid, or gaseous
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chemicals from laboratories, industrial establishments, or other sources such
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as diagnostic and experimental work, environmental work, cleaning,
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housekeeping, and disinfecting procedures;


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(e) 
Clustering is a strategy of pooling available resources of local government 
units (LCDs) for the establishment of a common solid waste management 
treatment facility or service;
(f) 
Collection refers to the act of removing solid waste from the source or from 
a communal storage point;
(g) Disposal refers to the deposit, or placing of any solid waste into an approved 
disposal site pursuant to Republic Act No. 9003;
(h) Disposal site refers to a facility where solid waste is finally deposited and 
placed pursuant to Republic Act No. 9003;
(i) 
Emission means any air contaminant, pollutant, gas stream, or unwanted 
sound from a known source which is passed into the atmosphere;
(j) 
Hazardous waste refers to substances 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 or in transit 
through any part of the Philippines. It shall also refer to by-products, side- 
products, process residues, spent reaction media, contaminated plant or 
equipment, or other substances from manufacturing operations and as a 
customer discards of manufactured products, or a combination of solid waste 
which, because of its quantity, concentration, physical, chemical, or infectious 
characteristics, may:
(i) Cause or significantly contribute to an increase In mortality or an increase 
in a serious irreversible or incapacitating reversible illness, or
(ii) Pose a substantial present or potential hazard to human health or the 
environment when improperly treated, stored, transported, or disposed 
of, or otherwise managed;
(k) Incineration in a WTE facility refers to a waste treatment and resource 
recovery technology that involves the controlled combustion of waste 
materials for the purpose of recovering energy from it, and whose emissions 
and effluents are compliant with the guidelines pursuant to this Act and other 
relevant laws, rules, and regulations;
(l) 
Local Government Solid Waste Management Plan refers to the ten (10) year 
solid waste management plan, consistent with the National Solid Waste


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Management Framework, prepared by the LGUs pursuant to Section 16 of 
Republic Act No. 9003;
(m) Municipal waste refers to waste produced from activities within LGUs which 
include a combination of domestic, commercial, institutional, and industrial 
wastes and street litters pursuant to Republic Act No. 9003;
(n) National Solid Waste Management Commission (NSWMC) refers to the body 
created and primarily tasked with overseeing the implementation of solid 
waste management plans and prescribing policies to achieve the objectives 
of Republic Act No. 9003;
(o) Nationai Solid Waste Management Framework refers to a document prepared 
by the NSWMC based on the National Solid Waste Management Status Report 
pursuant to Section 15 of Republic Act No. 9003;
(p) Nationai Soiid Waste Management Status Report refers to a document 
prepared by the Department of Environment and Natural Resources (DENR), 
which is used as a basis in formulating the National Solid Waste Management 
Framework pursuant to Section 14 of Republic Act No. 9003;
(q) Poisonous and toxic fumes refer to any emissions and fumes which are 
beyond internationally accepted standards, including but not limited to the 
World Health Organization (WHO) air quality guidelines, as provided in 
Republic Act No. 8749, otherwise known as the Philippine Clean Air Act of 
1999;
(r) 
Processing fee refers to the amount paid to avail of the services of a waste- 
to-energy facility as defined herein;
(s) 
Provinciai Soiid Waste Management Board refers to the entity established by 
each province pursuant to Section 11 of Republic Act No. 9003;
(t) 
Residue refers to substances that remain after a process in a waste-to-energy 
facility such as preparation, separation, purification, evaporation, combustion, 
distillation, or filtration;
(u) Resource recovery refers to the collection, extraction, or recovery of 
recyclable materials from the waste stream for the purpose of recycling, 
generating energy, or producing a product suitable for beneficial use;


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(v) Sanitary landfill refers to a waste disposal site designed, constructed,
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operated, and maintained in a manner that exerts engineering control over
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significant potential environment impacts arising from the development and
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operation of the facility pursuant to Republic Act No. 9003;
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(w) Segregation refers to a solid waste management practice of separating
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different materials found in solid waste in order to promote recycling and re-
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use of resources, facilitate waste treatment processes, and to reduce the
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volume of waste for collection and disposal pursuant to Republic Act No.
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9003;
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(x) Solid waste refers to all discarded household waste, commercial waste, non-
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hazardous institutional and industrial waste, street sweepings, construction
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debris, agricultural waste, and other non-hazardous or non-toxic solid waste.
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It shall not include:
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(i) Waste identified or listed as hazardous waste of a solid, liquid, contained
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gaseous, or semisolid form, which may cause or contribute to an
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increase in mortality or in serious or incapacitating reversible illness, or
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acute or chronic effect on the health of persons and other organisms,
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(ii) Infectious waste from hospitals such as equipment, instruments,
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utensils, and fomites of a disposable nature from patients who are
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suspected to have or have been diagnosed as having communicable
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diseases and must therefore be isolated as required by public health
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agencies, laboratory wastes as pathological specimens, and disposable
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fomites that may harbor or transmit pathogenic organisms, and surgical
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operating room pathologic materials from outpatient areas and
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emergency rooms, and
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(iii) Waste resulting from mining activities, including contaminated soil and
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debris;
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(y) Solid waste management treatment facility refers to any resource recovery
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system or component thereof; any system, program or facility for resource
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conservation; or any facility for the collection, source separation, storage,
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transportation, transfer, processing, treatment, or disposal of solid waste;


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(z) Solid waste management refers to the discipline associated with the control
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of generation, storage, collection, transfer and transport, processing, and
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disposal of solid wastes in a manner that is in accord with the best principal
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of public health, economics, engineering, conservation, aesthetics, and other
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environmental considerations, and that is also responsive to the public
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attitudes;
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(aa) Waste refers to any material misplaced, unused or rejected by persons as
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worthless or unwanted. It includes, among others, agricultural, biomedical,
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chemical and industrial, hazardous, municipal, and solid wastes;
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(bb) Waste-to-Energy (WTE) refers to an energy system with a process of
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converting WTE feedstock with various technologies, usually the conversion
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of non-recyclable waste materials Into usable heat, electricity, or fuel through
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a variety of processes;
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(cc) WTE facility refers to the facility where the WTE operations are conducted;
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(dd) WTE feedstock refe rs to the waste materials with calorific-value that are taken
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In for WTE processing in a WTE facility;
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(ee) Waste generation refers to the act or process of producing solid waste; and
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(ff) WTE strategy refers to a plan of action with measurable targets for the
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utilization of WTE facilities for solid waste management treatment and energy
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production.
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Sec. 5. Waste-to-Energy and Waste-to-Energy Facility. - WTE shall be classified
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as another kind of renewable energy resource. A WTE facility shall:
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(a) Be both a solid waste management treatment facility and an energy
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production facility;
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(b) Comply with establishment and operation guidelines for WTE facilities
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pursuant to Sections 6(c), 8(c), and 9(b) of this Act;
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(c) Ensure the proper management of its residue which should conform to
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relevant laws, rules, and regulations and should include making
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arrangements with a sanitary landfill, or developing its own, prior to its
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operations, as a disposal site for any residue generated from its operations


1 
in accordance with NSWMC, DENR, and DOH guidelines issued pursuant to
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this Act; and
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(d) Comply with relevant laws, rules, and regulations including but not limited
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to Presidential Decree No. 1586 Establishing an Environmental Impact
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Statement System, Republic Act No. 6969 otherwise known as the Toxic
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Substances and Hazardous and Nuclear Waste Act, Republic Act No. 7638
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otherwise known as the Department of Energy Act of 1992 as amended,
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Republic Act No. 8749, Republic Act No. 9003, Republic Act No. 9136
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otherwise known as the Electric Power Industry Reform Act of 2001,
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Republic Act No. 9275 otherwise known as the Philippine Clean Water Act
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of 2004, Republic Act No. 9367 otherwise known as the Biofuels Act of
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2006, Republic Act No. 9513 otherwise known as the Renewable Energy
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Act of 2008, Republic Act No. 11223 otherwise known as the Universal
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Health Care Act, and WHO Guidelines on Air Quality.
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All waste treatment technologies in a WTE facility shall be allowed including
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incineration: Provided, that these technologies shall not emit toxic and poisonous
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fumes into the environment and shall comply with all the laws mentioned hereof and
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other relevant laws, rules, and regulations.
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In addition to the provisions of this Act, the segregation, collection, transfer,
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storage, and transport of solid waste as WTE feedstock for a WTE facility, and the
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waste treatment process of the WTE facility shall be governed by Republic Act No.
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9003 and Republic Act No. 8749, while the energy production aspect of the WTE
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facility shall be governed by Republic Act No. 7638, Republic Act No. 9136, Republic
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Act No. 9367, Republic Act No. 9513, and other relevant laws, rules, and regulations.
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Sec. 6. The National Solid Waste Management Commission. - The Secretary of
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the Department of Energy shall serve in ex officio capacity as member of the National
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Solid Waste Management Commission (NSWMC), which shall now have fifteen (15)
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members from the government sector. In addition to its powers and functions under
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Republic Act No. 9003, the NSWMC shall:
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(a) Include a WTE strategy in the National Solid Waste Management Framework;


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(b) Act as the lead agency in ensuring streamlined standards, criteria, and
guideiines for WTE facilities to avoid inconsistent and conflicting issuances;
(c) Regularly determine, review, and publish the following:
(i) 
Standards, criteria, and guidelines for:
1. Characterization and composition of solid waste utilized as WTE 
feedstock for WTE faciiities to ensure emissions are compiiant 
with Republic Act No. 8749 and other relevant laws, rules, and 
regulations,
2. Transport, storage, and pre-processing of WTE feedstock,
3. Pre-operation, siting, design, operation, and maintenance of 
WTE faciiities,
4. Quaiity controi and operational control of WTE facilities,
5. Management of residue from WTE facilities, if any;
6. Pollution abatement, emissions monitoring, environmental 
monitoring, and public health and safety monitoring in relation 
to WTE facilities,
7. Decommissioning, closure, and abandonment of WTE facilities, 
and
8. Other guidelines pursuant to relevant laws, rules, and 
regulations, and
(ii) 
Minimum standards, criteria, and guidelines, in determining a fair, 
equitable, and reasonable processing fee for WTE facilities taking Into 
consideration, among others, the cost of construction, operation, and 
maintenance of the facility as well as the potential revenue from the 
sale of energy output, in consultation with relevant government 
agencies, experts, and stakeholders;
(d) Consolidate and make available to the public, through its website, the
following:
(i) 
Current and potential uses of WTE facilities in relation to solid waste 
management;
(ii) 
Inventory of existing WTE facilities;
(Hi) 
General feedstock characterization;


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(iv) Status and projection of feedstock generation;
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(v) Specific locations of potential feedstock and WTE facilities; and
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(vi) Other relevant information;
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(e) Provide policy guidelines to assist LCDs in the development of WTE facilities to
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include the determination of the potential of WTE facilities in their respective
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localities;
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(f) Ensure LGUs incorporate a WTE strategy, if feasible, in their respective Local
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Government Solid Waste Management Plans;
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(g) Identify and recommend potential clustering of LGUs for a common WTE
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facility;
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(h) Coordinate with the Provincial, City, and Municipal Solid Waste Management
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Boards especially for clustered LGUs employing a common WTE facility; and
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(i) Perform all other acts that are analogous to the foregoing, which are necessary
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and incidental to accomplish the policy objectives of this Act.
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Sec. 7. Role of the Department of Energy. - In addition to its powers and
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functions under Republic Act No. 7638, the Department of Energy (DOE) shall:
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(a) Issue permits to WTE facilities based on the energy output, and determine the
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standards, criteria, and requirements applicable for each kind of WTE facility
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pursuant to Republic Act No. 7638, Republic Act No. 9136, Republic Act No.
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9367, Republic Act No. 9513, and other relevant laws, rules, and regulations;
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(b) Include a WTE strategy in the Philippine Energy Plan, taking into consideration
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the National Solid Waste Management Framework;
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(c) Regularly submit to the NSWMC and make available to the public, especially to
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potential WTE investors, national and local information on the following:
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(i) Current and potential uses of WTE facilities in relation to solid waste
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management,
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(ii) Inventory of existing WTE facilities, and
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(iii)Other relevant information; and
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(d) Perform all other acts that are analogous to the foregoing, which are necessary
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and incidental to accomplish the policy objectives of this Act.
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Sec. 8. Role of the Department of Environment and Natural Resources. - In
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addition to its powers and functions under Republic Act No. 9003 and Republic Act
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No. 8749, the DENR shall:
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(a) Include a WTE strategy, if feasible, in the National Solid Waste Management
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Status Report;
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(b) Provide technical and other capacity building assistance and support to LGUs
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based on the policy guidelines created by the NSWMC pursuant to Section 6(e)
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of this Act;
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(c) Implement and revise, when necessary, together with the DOH, existing
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guidelines issued pursuant to Republic Act No. 9003 on waste transport, pre-
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operation, waste acceptance, waste storage, pre-processing of waste, quality
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control, operational control, pollution abatement, management of residue,
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emissions monitoring, environmental monitoring, public health and safety
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monitoring, decommissioning, closure, and abandonment, among others,
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taking into account the NSWMC's standards, criteria, and guidelines under
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Section 6(c) of this Act and other relevant laws, rules, and regulations, and in
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consultation with relevant stakeholders;
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(d) Ensure compliance with Section 8(c) of this Act to include continuous
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monitoring and testing of by-products of WTE facilities;
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(e) Make available to the public, through its website, the emissions, effluents and
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other by-products of WTE facilities;
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(f) Investigate, motu proprio or upon complaint, reports of non-compliance of WTE
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facilities with the provisions of this Act and other relevant laws, rules, and
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regulations;
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(g) Exercise visitorial and enforcement powers to ensure strict compliance of WTE
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facilities with this Act, Republic Act No. 9003, Republic Act No. 8749, and other
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relevant laws, rules, and regulations;
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(h) Recommend to the NSWMC policies to address challenges of WTE facilities from
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a solid waste management perspective; and
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(i) Perform all other acts that are analogous to the foregoing, which are necessary
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and incidental to accomplish the policy objectives of this Act.
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Sec. 9. Role of the Department of Health. - In addition to its existing powers and
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functions, the DOH shali:
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(a) Ensure all WTE facilities undergo a Health Impact Assessment, pursuant to
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Republic Act No. 11223 and Presidential Decree No. 1586, as part of the
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Environmental Impact Assessment System, to be jointly reviewed and approved
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by the DOH and DENR prior to construction and operation;
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(b) Implement and revise, when necessary, together with DENR, existing
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guidelines Issued pursuant to Republic Act No. 9003 on waste transport, pre-
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operation, waste acceptance, waste storage, pre-processing of waste, quality
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control, operational control, pollution abatement, management of residue,
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emissions monitoring, environmental monitoring, public health and safety
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monitoring, decommissioning, closure, and abandonment, among others,
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taking into account the NSWMC's standards, criteria, and guidelines under
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Section 6(c) of this Act and other relevant laws, rules, and regulations, and in
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consultation with relevant stakeholders;
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(c) Regularly conduct an analysis of the effects of WTE facilities and disposal sites
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on public health and submit the same to the NSWMC for consolidation, and
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DENR for proper action, if applicable;
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(d) Undertake research on the public health Impact of WTE facilities together with
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government agencies, the academe, and private stakeholders;
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(e) Make available to the public, through its website, studies and analyses of the
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effects of WTE facilities and disposal sites on public health; and
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(f) Perform all other acts that are analogous to the foregoing, which are necessary
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and incidental to accomplish the policy objectives of this Act.
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Sec. 10. Role of Local Government Units. - In addition to their powers, functions, and
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responsibilities under Republic Act No. 7160 otherwise known as the Local
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Government Code of 1991, and Republic Act No. 9003, LGUs shall:
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(a) In the case of a city or municipality and if applicable, be responsible for the
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hauling of WTE feedstock to a WTE facility;
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(b) In the case of a province and if applicable, provide necessary logistical and
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operational support for the processing of WTE feedstock in a WTE facility;
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(c) Include a WTE strategy, if feasible, in their respective Local Government Solid
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Waste Management Plans;
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(d) Comply with the standards, criteria, and guidelines on WTE feedstock and WTE
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facilities pursuant to Sections 6(c), 8(c), and 9(b) of this Act, if applicable; and
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(e) Be authorized to enter into and shall comply with all obligations under the
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following:
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(i) Clustering arrangements with other LGUs for a common WTE facility, on
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their own or upon recommendation of the Provincial Solid Waste
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Management Board or the NSWMC: Provided, That the province shall
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have the power to cluster component cities and municipalities based on
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the NSWMC approved provincial and local solid waste management
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plans and the recommendation of the NSWMC pursuant to Section 6(g)
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of this Act,
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(ii) Long term contracts with WTE facilities, on their own or with clustered
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LGUs, and
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(iii) Public private partnerships pursuant to Republic Act No. 6957 otherwise
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known as An Act Authorizing the Financing, Construction, Operation and
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Maintenance of Infrastructure Projects by the Private Sector, and For
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Other Purposes as amended, cooperative undertakings under Section 33
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of Republic Act No. 7160, and other contractual arrangements provided
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for under existing laws, rules, regulations as well as the LGUs' respective
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charters for the establishment of WTE facilities: Provided, That WTE
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projects submitted to the Investment Coordinating Committee pursuant
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to Republic Act No. 6957, as amended, shall be acted upon within thirty
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(30) working days from submission: Provided further. That failure to act
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within the prescribed time frame shall deem such projects approved.
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The national government shall provide support to all LGUs towards the effective
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implementation and the achievement of the policy objectives of this Act.
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Sec. 11. Roie of the Provinciai Soiid Waste Management Board. - In addition to
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its powers and functions under Republic Act No. 9003, the Provincial Solid Waste
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Management Board shall:
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(a) Integrate a WTE strategy, if feasible, in the Provincial Solid Waste Management 
Plan taking into consideration the Local Government Solid Waste Management 
Plans of all its component cities and municipalities;
(b) Recommend potential locations for WTE facilities in the Provincial Solid Waste 
Management Plan;
(c) Identify and recommend, or direct pursuant to Section 10 of this Act, clustering 
of component cities and municipalities for a common WTE facility, based on 
the Local Government Solid Waste Management Plans of all its component 
cities and municipalities;
(d) Provide the necessary logistical and operational support to component cities 
and municipalities who have the potential to be clustered, have decided to be 
clustered, or have been directed to be clustered pursuant to Section 10 of this 
Act, for a common WTE facility;
(e) Coordinate the efforts and oversee the implementation of the clustering of 
component cities and municipalities for a common WTE facility; and
(f) Coordinate with other Provincial, City, and Municipal Solid Waste Management 
Boards In Identifying possible Inter- and intra- province clustering for a common 
WTE facility.
Sec. 12. Role of the City or Municipal Solid Waste Management Board. - In 
addition to its powers and functions under Republic Act No. 9003, the City or Municipal 
Solid Waste Management Board shall Integrate a WTE strategy, if feasible, in its Local 
Government Solid Waste Management Plan, and shall submit a copy thereof to the 
Provincial Solid Waste Management Board.
Sec. 13. Permits and Licenses. - The procedure for the issuance of permits and 
licenses for all kinds of WTE facilities shall be governed by Republic Act No. 11234, 
otherwise known as the Energy Virtual One-Stop Shop Act.
Sec. 14. Prohibited Acts. - The following acts are prohibited:
(a) For LGUs:
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(i) Failure to include, if feasible, and implement, if applicable, the WTE
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strategy in their respective Local Government Solid Waste Management
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Plans, and
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(ii) Failure to perform the responsibilities in Section 10 on the Role of Local
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Government Units, Section 11 on the Role of the Provincial Solid Waste
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Management Board, and Section 12 on the Role of the City or Municipal
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Solid Waste Management Board;
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(b) For government agencies, failure to perform the powers and functions
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indicated under Section 6 on the National Solid Waste Management
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Commission, Section 7 on the Role of the Department of Energy, Section 8 on
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the Role of the Department of Environment and Natural Resources, and Section
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9 on the Role of the Department of Health; and
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(c) For WTE facilities;
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(i) Failure to comply with the responsibilities in Section 5 on Waste-to-
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Energy and Waste-to-Energy Facility, and
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(ii) Use of imported municipal solid waste as WTE feedstock for a WTE
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facility.
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Sec. 15. Penalties. - Without prejudice to civil and criminal liability, the
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following persons found to have violated the Sections mentioned below shall be meted
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with the following penalties:
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(a) Officials of LGUs and government agencies who violate Section 14(a):
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(i) First offense: six (6) months suspension,
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(ii) Second offense: Dismissal from service, perpetual disqualification from
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holding public office, and forfeiture of retirement benefits;
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(b) Officials of LGUs and government agencies who violate Section 14(b) shall be
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suffer dismissal from service, perpetual disqualification from holding public
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office, forfeiture of retirement benefits, and imprisonment for one (1) to six
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(6) years with a fine of not less than Five hundred thousand pesos
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(P500,000.00) but not more than Two million pesos (P2,000,000.00);
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(c) Any person who violates Section 14(c)(i):
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(i) First offense: Fine of One million pesos (Pl/000,000.00) and an amount
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not less than ten percent (10%) but not more than fifteen percent
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(15%) of the net annual Income during the previous year,
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(ii) Second offense: The same penalties as with the first offense including
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an additional penalty of imprisonment of a minimum period of one (1)
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year but not to exceed three (3) years,
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(iii) Third offense: The same penalties as with the second offense and
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permanent revocation of the license of the WTE facility;
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(d) Any person who vioiates Section 14(c)(ii) shall pay a fine of One miilion pesos
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(P1,000,000.00) and an amount not less than ten percent (10%) but not more
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than fifteen percent (15%) of the net annual income during the previous year,
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and shall suffer imprisonment of a minimum period of one (1) year but not to
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exceed three (3) years and permanent revocation of the license of the WTE
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facility. The same person shall repatriate the imported municipal solid waste
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to its country of origin.
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For Section 14, if the violation is committed by a corporation, partnership, or
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other juridical entity duly recognized in accordance with the law, the chief executive
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officer, president, general manager, managing partner, or such other officer-ln-charge
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shall be liable for the commission of the offense penalized under this Act.
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Sec. 16. Incentives. - WTE facilities, depending on their output, shall be entitled
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to avail of the incentives under Republic Act No. 9367 otherwise known as the Biofuels
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Act of 2006 and Republic Act No. 9513 otherwise known as the Renewable Energy Act
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of 2008.
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Sec. 17. Establishment of Dedicated Offices. - The DOE, DENR, DOH and
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NSWMC shall establish dedicated offices for the effective implementation of this Act.
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The organizational structure and staffing complement shall be determined by the
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Secretaries of DENR, DOE, and DOH, in consultation with the Department of Budget
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and Management, and in accordance with existing civil service rules and regulations.
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The budgetary requirements necessary for the establishment of the dedicated offices
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shall be taken from the current appropriations of DOE, DENR, DOH and NSWMC.
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Thereafter, the funding for the dedicated offices shall be included in the annual 
General Appropriations Act.
Sec. 18. Appropriations. - The amount of Fifteen million pesos 
(P15,000,000.00) for DOE, Three hundred million pesos (P300,000,000.00) for DENR, 
Forty five million pesos (P45,000,000.00) for DOH, and Twenty seven million 
(P27,000,000.00) for NSWMC for the initial implementation of this Act shall be charged 
against the current year's appropriations of the DOE, DENR, DOH, and NSWMC 
respectively. Thereafter, such amounts necessary for the sustainable Implementation 
of this Act shall be Included in the Annual General Appropriations Act.
Sec. 19. Congressionai Oversight - The Joint Congressional Energy 
Commission (JCEC), created under Republic Act No. 9136 and renamed under Republic 
Act No. 11285, shall exercise oversight powers over the implementation of this Act. 
The Chairpersons of the Committee on Environment and Natural Resources of the 
Senate and the House of Representatives shall be automatic members of the JCEC.
Sec. 20. Impiementing Ruies and Reguiations. - The DOE together with the 
DENR, in consultation with DOH, NSWMC, Department of Interior and Local 
Government, and public and private stakeholders, shall issue the implementing rules 
and regulations of this Act within ninety (90) calendar days upon its effectivity.
Sec. 21. Amendatory Ciause. - All laws, decrees, orders, rules, regulations, 
and other issuances inconsistent with the provisions of this Act are hereby deemed 
amended and modified accordingly.
Sec. 22. Separabiiity Ciause. - If any portion or provision of this Act is declared 
unconstitutional, the remainder of this Act or any provisions not affected thereby shall 
remain in force and effect.
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Sec. 23. Repealing Clause. - Any law, presidential decree or issuance, executive
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order, letter of instruction, rule or regulation inconsistent with the provisions of this
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Act is hereby repealed or modified accordingly.
Sec. 24. Effectivity Clause. - This Act shall take effect fifteen (15) days following 
Its complete publication in the Official Gazette or a newspaper of general circulation.
Approved,
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