Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
15 Congress
1* Regular Session

COMMITTEE REPORT NO. 149}

Submitted by the Commigs op giolony. Appropriations and Ways and Means on OFIUN 2011

Re: House Bill No.

Recommending its approval/adoption in substitution of House Bill Nos, 7, 211,353 and 1203

Sponsors Representatives Dan $. Fernandez, Irvin M. Alcala, Neptali M. Gonzales Il, Susan A
Yap and Marcelino R. Teodoro

Mr. Speaker

The Committee on Ecology, Appropriations and Ways and Means, to which were referred House
Bill No.7 introduced by Rep. Irvin M. Alcala, entitled:

“AN ACT PROVIDING FOR A COMPREHENSIVE HAZARDOUS AND
RADIOACTIVE WASTES MANAGEMENT, PROVIDING PENALTIES FOR
VIOLATION THEREOF, AND FOR OTHER PURPOSES ;”

House Bill/Resolution No.211 introduced by Rep. Neptali M. Gonzales II, entitled

“AN ACT PROVIDING FOR A COMPREHENSIVE HAZARDOUS AND
RADIOACTIVE WASTES MANAGEMENT, PROVIDING PENALTIES FOR
VIOLATION THEREOF, AND FOR OTHER PURPOSES; ”

House Bill/Resolution No.353 introduced by Rep Susan A, Yap, entitled

“AN ACT PROVIDING FOR A COMPREHENSIVE HAZARDOUS AND
RADIOACTIVE WASTES MANAGEMENT, PROVIDING PENALTIES FOR
VIOLATION THEREOF, AND FOR OTHER PURPOSES;”

and House Bill/Resolution No. 1203 introduced by Rep. Marcelino “MARCY” R. Teodoro, entitled:

“AN ACT PROVIDING FOR A COMPREHENSIVE HAZARDOUS AND
RADIOACTIVE WASTES MANAGEMENT, PROVIDING PENALTIES FOR
VIOLATIONS THEREOF, AND FOR OTHER PURPOSES,” 812

have considered the same and recommend that the attached House Bill No. ___, entitled
“AN ACT PROVIDING FOR A COMPREHENSIVE HAZARDOUS AND

RADIOACTIVE WASTES MANAGEMENT, PROVIDING PENALTIES FOR
VIOLATION THEREOF, AND FOR OTHER PURPOSES ;”


and 1203 with Reps. Irvin M, Alcala, Patricio

be approved in substitution of House Bill Nos. 7, 211

T. Antonio, Neptali M. Gonzales II, Jose Carlos L. Cari, Susan A. Yap, Marcelino R. Teodoro, Bernardo
M. Vergara, Bernadette R. Herrera-Dy, Paulo S. Javier, Dan S. Fernandez, Mary Mitzi L.Cajayon,
Jonathan Cabilao-Yambao, Mel Senen Sarmiento, Jerry P. Trefias, Amel Cerafica, Rodel M. Batocabe,
Roger G. Mercado, Mariano U. Piamonte, Teddy Brawner Baguilat, Jr., and Fatima Aliah Q. Dimaporo,
as authors thereof.

HON. DAN S. FERNANDEZ
Chairman
Committee on Ecology

HOY. HERMILANDO I. MANDANAS
Chairman
Committee on Ways and Means

THE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES
QUEZON CITY


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House BilNo, 4822

Introduced by Reps. Alcala, Antonio, Gonzales (N), Cari, Yap (S), Teodoro, Vergara,
Herrera-Dy, Javier, Fernandez, Cajayon, Cabilao-Yambao, Sarmiento (M), Treiias,
Cerafica, Batocabe, Mercado (R), Piamonte, Baguilat, and Dimaporo (F).

AN ACT
PROVIDING FOR A COMPREHENSIVE HAZARDOUS AND RADIOACTIV
WASTES MANAGEMENT, PROVIDING PENALTIES FOR VIOLATIONS
THEREOF, AND FOR OTHER PURPOSES.

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
CHAPTER I — General Provisions

SEC 1. Short Title ~ This Act shall be known as the “Philippine Hazardous and
Radioactive Wastes Management Act of 2011”.

SEC. 2. Declaration of Policy ~ 1k is hereby declared the policy of the State to
advance the protection of human health and the environment from the potential risks of
hazardous and radioactive wastes within the framework of sustainable development
‘Towards this end, the State shall

a) Develop and implement national and local integrated and comprehensive
hazardous and radioactive waste management programs focusing on pollution prevention and
resource conservation recovery, which shall

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

2. Promote environmentally safe disposal of residues;

3. Minimize the generation of hazardous and radioactive wastes by encouraging
cleaner production, process substitution, resource recovery, recycling and reuse, and
treatment; and

4. Institutionalize public participation in the development and implementation of

such programs


b) Promulgate guidelines for the generation, collection, segregation, transport,
Tecovery, storage, treatment and disposal of hazardous and radioactive wastes including
emergency and contingency plans for accidents involving such wastes;

c) Prohibit the entry, even in transit, of hazardous and radioactive wastes into the
Philippine territorial limits for whatever purpose consistent with multilateral international
agreements and protocols;

d) Promote a national research and development program for improved hazardous
and radioactive waste management and resource conservation techniques;

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

f) Promote international environmental standards on waste management; and

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

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

SEC. 4, Definition of terms — As used in this Act:

a) Abandoned underground mines shall refer to worked out mineral mines with deep
shafts extending to about one to two thousand feet below the ground surface;

b) Best Available Techniques (BAT) shall refer to any technology that shall take

consideration costs and benefits of a measure as well as precaution and prevention, such as
but not limited to:
1. the nature, effects and mass of releases concerned;
2. consumption and use of raw materials in the process and its energy efficiency;
3. the need to prevent or reduce to a minimum the overall impact of releases to
the environment; and

4. ensure occupational health and safety at the workplaces.


1 ©) Best Environmental Practices (BEP) shall refer to practices that are generally
2 accepted as “environmentally friendly” taking into consideration the nature, traditions and
3 culture of the locality. For this purpose, technological advances and changes in scientific
4 knowledge and understanding shall likewise be considered in determining acceptable
5 practices in preserving the environment;

d) Borehole facilities shall refer to those that entail the emplacement of solid
radioactive waste in an engineered facility of relatively narrow diameter, bored and operated
directly from the surface, These covers a range of design concepts with depths ranging from
a few meters up to several hundred meters and its diameters can vary from a few tens of

Secxra

centimeters up to more than one meter,
u ) Carcinogen shall refer to any substance that can cause or contribute to the
12 incidence of cancer;

13 f) Collection shall refer to the act of removing hazardous waste from the source
14 __ or from a storage point;

15 2) Construction shall refer to the erection or building of new structures;

16 h) Contaminated sites shall refer to a place or spot where the soil quality exceeds

17 _ the soil standards set pursuant to Sec. 17 hereof,

18 i) Corrective action shall refer to the steps taken to assess, prioritize and clean
19 up hazardous and radioactive wastes from Treatment, Storage and Disposal Facilities
20 (TSDFs) and/or contaminated sites in order to protect health and the environment,

21 i) Corrosivity shall refer to a state where the waste has one of the following
22 properties: (1) it is aqueous and has a pH less than or equal to 2 or greater than or equal to
23 12.5; (2) it is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35mm (0.250
24 inch) per year at a test temperature of 55°C (130°F);

28 k) — Degradability shall refer to the ability of a compound to be reduced to simpler
26 forms through a break down of its structure;

27 1) Deep injection well shall refer to a well used for subsurface injection of waste
28 fluids and solids derived from industries such as Geothermal and Oil and Gas into an
29 injection zone;

30 m) Department shall refer to the Department of Environment and Natural
31 Resources;

32 n) Disposal shall refer to the discharge, deposit, injection, dumping, spilling,
33 leaking, or placing of any hazardous and radioactive wastes into or on any land or water so

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that such wastes or any constituent thereof may enter the environment or be emitted into the
air or discharged into any waters, including ground waters;

©) Generation shall refer to the act or process of producing hazardous and
radioactive waste;

P) Generator shall refer to 2 person, natural or juridical, who produces hazardous
and radioactive waste;

@) Geological repository shall refer to the isolation of high level radioactive
waste using a system of engineered and natural barriers at depths up to several hundred meter
in a geologically stable formation;

1) Hazardous waste refers to a substance discarded from commercial and
industrial establishments, institutions and healthcare facilities which, because of the
concentration, or physical, chemical, or infectious characteristics, may cause or significantly
contribute to increases in mortality or serious illnesses, or pose an unreasonable risk and
potential threat to human health and the environment;

8) Hazardous and radioactive waste management shall refer to the systematic

administration of activities which provide for the identification, listing, collection,
segregation, storage, transport, recovery, reuse, processing, reprocessing, treatment, and
disposal of hazardous and radioactive wastes;

t) Healthcare waste shall refer to waste originating from minor or scattered
sources (healthcare units) that is generated or produced as a result of the following activities:
diagnosis, treatment, or immunization of human beings or animals; research pertaining to the
above activities; production or testing of biological;

u) —_Ignitability shall refer to the characteristic of hazardous wastes that could
cause a fire during transport, storage, or disposal. Waste matter exhibits the characteristics of
ignitability if a sample thereof has any of the following properties: 1) it is a liquid matter that
has flash point less than 60°C (140°F); 2) it is not a liquid matter and is capable, under
standard temperature and pressure, of causing fire through friction, absorption of moisture, or
spontaneous chemical changes and when ignited, burns so vigorously and persistently that it
creates a hazard; 3) it is an ignitable gas; or, 4) it is an oxidizer;

¥) __Injection zone shall refer to a geological formation, group of formation, or a
part of a formation located below the underground source of potable water, and which

receives waste fluids or solids through a deep injection well;


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

x) Landfill shall refer to a waste disposal site designed, constructed, operated
and maintained in a manner that exerts engineering control over significant potential
environmental impacts arising from the development and operation of the facility;

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

2) Land treatment or land farming shall refer to a managed technology that
involves the controlled application of waste on the soil surface and/or the incorporation of
waste or contaminated soils into the upper soil zone;

aa) Level I Hospital shall refer to an emergency hospital that provides (a) initial
clinical care and management to patients requiring immediate treatment, as well as primary
care on prevalent diseases in the locality; (b) clinical services that include general medicine,
pediatrics, obstetrics and non-surgical gynecology and minor surgery; (c) general
administrative service and may provide ancillary services (primary clinical laboratory, first
level radiology, pharmacy); (d) nursing care for patients who require minimal category of
supervised care for 24 hours or longer;

bb) Level 2 Hospital shall refer to a non-departmentalized hospital that provides
(@ clinical care and management on the prevalent diseases in the locality; (b) clinical services
that include general medicine, pediatrics, obstetrics and gynecology, surgery and anesthesia;
(© appropriate administrative and ancillary services (secondary clinical laboratory, first level
radiology, pharmacy); (d) nursing care provided in the Level 1 Hospital as well as
intermediate, moderate and partial category of supervised care for 24 hours or longer,

ce) Level 3 Hospital shall refer to a departmentalized hospital that provides (a)
clinical care and management on the prevalent diseases in the locality as well as particular
forms of treatment, surgical procedure and intensive care; (b) clinical services provided in the

Level 2 Hospital as well as specialty clinical care; (c) appropriate administrative and ancillary


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services (tertiary clinical laboratory, second radiology, pharmacy); and (d) nursing Care
provided in a Level 2 Hospital as well as total and intensive skilled care;

dd) Level 4 Hospital shall refer to a teaching and training hospital (with at least
one Accredited Residency Training Program for Physicians) that provides: (a) clinical care
and management on the prevalent diseases in the locality as well as specialized and sub-
specialized forms of treatment, surgical procedure and intensive care; (b) clinical services
provided in the Level 3 Hospital as well as sub-specially clinical care; (c) appropriate
administrative and ancillary services (tertiary clinical laboratory, third level radiology,
pharmacy); and, (4) nursing care provided in a Level 3 Hospital as well as continuous and
highly specialized critical care;

ec) — Manifest or Consignment Note shall refer to a form prescribed by the
Department and Philippine Nuclear Research Institute (PNRI) accompanying hazardous and
radioactive wastes from point of generation, through transport, to final disposition;

ff) Military munitions shall refer to all types of both conventional and chemical
ammunition products and their components produced by or for the military for national
defense and security, including munitions produced by other parties under contract with or
acting as agent for the Department of National Defense;

gg) Mined cavities shall refer to the emplacement of radioactive waste at some
depths inside mines or caverns which are either man-made or natural;

hh) —-Mutagens shall refer to any substances that can cause a change in genetic

material;

ii) Near surface facilities shall refer to the disposal site of radioactive waste with
or without engineered barrier on or below ground surface where the final protective covering
is of the order of a few meters thick or in caverns a few tens of meter below the earths
surface;

ii) Onsite treatment facilities shall refer to facilities of generators who treat their
own hazardous and radioactive wastes either by themselves or through a service provider
inside their facilities in compliance with waste acceptance criteria promulgated by the

Department, Department of Health (DOH) and PNRT,


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kk) Open burning shall refer to the low temperature thermal destruction of wastes
by means of direct exposure to fire. For this purpose, this shall apply to the traditional small-
scale methods of community sanitation called “siga”;

11) Partial treatment shall refer to any process used to modify the characteristics
of a hazardous or radioactive waste without totally negating its hazardous characteristics,
‘This may include volume reduction, conditioning, moisture reduction, neutralization, among
others;

mm) Persistence shall refer to the substantial length of time a compound, once
introduced into the environment, stays there; or the property of a substance whose half-life in

‘water, sediment or soil exceeds duration of 50 days;

nn) Person(s) shall refer to any being, natural or juridical, susceptible of rights
and obligations, or of being the subject of legal relations,

00) People’s Organization (PO) shall refer to non-profit and non-stock association of
citizens in a locality embracing a common goal to protect the environment and ultimately public
health;

pp) Radioactive wastes shall refer to materials that contain or are contaminated
with radionuclides at concentrations or activities greater than clearance levels as established
by the PNRI. This also refers to disused sealed sources for which no use is foreseen;

qq) Reactivity shall refer to the state of a waste, or a representative sample of the
waste, exhibiting any of the following properties: (1) it is normally unstable and readily
undergoes violent change without detonating; (2) it reacts violently with water; (3) it forms
potentially explosive mixtures with water; (4) when mixed with water, it generates toxic
gases, vapors, or fumes in a quantity sufficient to present danger to human health or the
environment; (5) it is a cyanide- or sulfide- bearing waste which, when exposed to ph
conditions between 2 and 12.5, can generate toxic gases, vapors, or fumes in a quantity

sufficient to present a danger to human health or the environment; (6) it is capable of


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detonation or explosive reaction if subjected to a strong initiating source or if reacted under
confinement; or, (7) it is readily capable of detonation or explosive decomposition or reaction
at standard temperature and pressure;

1) Resource recovery shall refer 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: Provided, That such resource recovery
facilities exclude incineration;

ss) Recycle shall refer to the process of minimizing the generation of waste by
recovering usable products that might otherwise become waste;

tt) Segregation shall refer to a waste management practice of separating different
materials found in hazardous waste in order to promote recycling and re-use of resources and
to reduce the volume of waste for collection and disposal. This also refers to separating
radioactive wastes according to level of activity, physical form and half-life;

uu) — Special hazardous wastes shall refer to substances discarded from households
consisting of consumer or industrial goods or products which become hazardous at the end of
its useful life by virtue of its hazardous content which may be released to the environment
upon indiscriminate disposal;

wv) Storage shall refer to the containment of hazardous and radioactive wastes,
either on a temporary basis or for a period of years, consistent with the guidelines as
prescribed by the Department and in such a manner as not to constitute disposal of such
wastes;

ww) Surface impoundments shall refer to pits, ponds, lagoons and dike areas that
are either natural topographic depression or man-made excavations that are primarily of
earthen materials. They are designed and constructed to hold or store, treat and/or dispose
liquid waste or waste containing free liquids through processes such as evaporation, cooling,

aeration, photo decomposition, and/or settling;


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xx) Sustainable development shall refer to development which meets the needs of
the present without compromising the ability of future generations to meet their own needs;

yy) Special hazardous wastes collectors shall refer to entities which receive or
collect special hazardous wastes under a take back program or similar collection mechanism
for the purpose of consolidating the wastes from households or consumers preparatory to
delivery to an accredited recycling or treatment facility;

zz) ‘Technical demonstration shall refer to the initial exhibition of a new
technology process or practice or a significantly new combination or use of technologies,
processes or practices, subsequent to the development stage, for the purpose of proving
technological feasibility and cost effectiveness;

aaa) Thermal treatment shall refer to the controlled heating which involves a
prescribed heating rate, maximum temperature, and cooling cycle to produce the property and
grain structure required;

bbb) Toxicity shall refer to the degree of danger posed by a substance to human or
animal due to its acute lethality, chronic and sub-chronic toxicity, carcinogenicity,
teratogenicity, or mutagenicity among others;

ccc) Treatment shall refer to any method, technique, or process designed to change
the physical, chemical, or biological character or composition of any hazardous and
radioactive wastes so as to render such waste non-hazardous, safer for transport, amenable for
recovery, amenable for storage, or reduced in volume;

ddd) Treatment, Storage and Disposal Facility (TSDF) shall refer to a site where a
hazardous substance is treated, stored or disposed; and

eee) Waste acceptance criteria shall refer to a list of parameters which describes
the minimum characteristics which the waste should possess before it may be placed or

accepted in a TSDF


CHAPTER II- Management System

SEC. 5. Identification and Listing of Hazardous Wastes — Within six (6) months from
the effectivity of this Act, the Department shall, after notice and public consultation, develop,
formulate and publish criteria for identifying and listing the characteristics of hazardous
wastes taking into account, but not limited to, toxicity, persistence, reactivity and
degradability in nature, potential for accumulation in tissue, and other related factors such as
ignitability, corrosivity, and other hazardous characteristics. Such criteria shall be reviewed
and revised every four (4) years thereafter, or as the need arises: Provided, That the
Department, in coordination with the Department of Health (DOH) and Philippine Nuclear
Research Institute (PNRD, shall also identify or list those hazardous and radioactive wastes
that contain certain constituents such as identified carcinogens, mutagens, or teratogens that
endanger human health: Provided, further, That the Department, in coordination with the
Department of National Defense (DND) and appropriate government agencies, shall
formulate criteria for identifying when military munitions become hazardous and radioactive
wastes. For purposes of this Act, the term "military munitions" includes chemical and
conventional munitions: Provided, finally, That within six (6) months from the effectivity of
this Act, the Department in coordination with the Department of Trade and Industry (DTI)
and the Department of Interior and Local Government (DILG), after public consultation, shall
formulate criteria for identifying and listing the categories of special hazardous wastes
products to be tracked and regulated taking into account, but not limited to, the presence of
toxicity, reactivity, ignitability and corrosivity.

SEC. 6. Notification of Hazardous and Radioactive Waste Activity — Upon the
effectivity of this Act, any person generating or managing hazardous or radioactive waste is
required to notify in writing the Department, DOH and PNRI of their hazardous or
radioactive waste activities specifying, among others, the types of waste, quantities and
containers used for storage, including incidents involving hazardous and radioactive wastes.

SEC. 7. National Hazardous and Radioactive Waste Status Report — The Department
in coordination with the DOH, PNRI, and other concerned agencies, shall within six (6)
months after the formulation of the criteria for identifying and listing of hazardous and
radioactive wastes pursuant to Section 6 hereof, prepare a National Hazardous and
Radioactive Waste Management Status Report which shall be used as a basis in formulating
the National Hazardous and Radioactive waste Management Framework provided in Sec. 8
of this Act. The said shall report include, but not limited to, the following:

10


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

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

) projection of hazardous and radioactive wastes generation including quantity for
reduction, recovery and reuse;

4) listing of treatment, storage and disposal facilities including transporters of
hazardous and radioactive wastes; and,

©) listing of identified contaminated sites.

SEC. 8. National Hazardous and Radioactive Waste Management Framework —
Within eighteen (18) months from the effectivity of this Act, the Department, in coordination
with the DOH, PNRI and other appropriate agencies and entities, shall prepare and formulate
a National Hazardous and Radioactive Waste Management Framework, herein referred to as.
the Framework, that shall embody policies established pursuant to this Act. Specifically, the
Framework shall contain the following:

a) _ hazardous and radioactive waste control strategies and techniques;

b) proper hazardous and radioactive waste transport, treatment, storage and

disposal systems;

©) waste reduction goals and targets,

4) _ period of compliance for waste reduction;

e) _ information and education campaign;

f) human resources development; and

g) roles and responsibilities of relevant government agencies.

The framework shall be adopted as the official blueprint for hazardous and radioactive
waste management with which all relevant government agencies must comply with,

SEC. 9. Use of best available technology and best environmental practices in
hazardous and radioactive waste management. - Generators and owners of treatment,
storage and disposal facilities are required to use best available technologies and best
environmental practices (BAT/BEP) in hazardous and radioactive waste management. The
Department, in coordination with the Inter-Agency Technical Advisory Council (IATAC)
created hereof, shall formulate criteria in assessing the proposed BAT/BEP to be used. In the
formulation of these criteria, consideration shall be given, among others, to the relative

economic feasibility of the technology. Further, such technology shall render the waste

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sufficiently low in toxicity, reactivity corrosivity and ignitability as to present the least
possible risk to human health and safety and to the environment.

SEC. 10. Requirements for Generators of Hazardous and Radioactive Wastes -
Within six (6) months after effectivity of this Act, the Department, DOH and PNRI shall.
establish requirements for generators of such hazardous and radioactive wastes necessary to
protect human health and the environment. These requirements shall ensure that the
generators shall be responsible for the proper management of the wastes generated and bear
the costs for proper storage, transport, treatment and disposal of such waste. Further, such
requirements shall include, but not limited to, the following:

a) Recordkeeping practices that accurately identify the quantities of such
hazardous and radioactive wastes generated, the constituent thereof which are significant in
quantity or in potential harm to human health or the environment, and the disposition of such
wastes;

b) Use of appropriate storage facilities and containers to prevent release of
materials to the environment;

©) _ Labeling practices for any containers used for the storage, transport, or disposal
of such hazardous and radioactive wastes that will identify accurately such waste,

d) Use ofa manifest or consignment note system and any other means necessary to
assure that all hazardous and radioactive wastes generated are designated and/or recorded for
treatment, storage, or disposal in TSDFs with appropriate permit issued pursuant to this Act.
The manifest shall also record transportation details of said wastes;

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

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

g) The waste generator of radioactive wastes shall submit a certificate of transport
from its Radiological Health and Safety Officer (RHSO) for the transport of radioactive
wastes to the treatment facility.

SEC. 11. Requirements Applicable to Transporters of Hazardous and Radioactive
Wastes — Within six (6) months after the effectivity of this Act, the Department, in
coordination with the DOH, PNRI, the Department of Transportation and Communication
(DOTC) shall establish requirements applicable to transporters of hazardous and radioactive


wastes necessary to protect human health and the environment. Such requirements shall
include, but not limited to, the following:

a) recordkeeping of such waste transported, and their source and delivery points;

b) use of carriers duly registered with the Department of Transportation and
Communication (DOTC);

c) _ transport of waste only if properly labeled;

d) transport of waste only to TSDF which the generator designates in the manifest
form to be a facility holding appropriate permit issued pursuant to this Act,

e) emergency and contingency plans for effective action to minimize damage and
contain and mitigate effects of spills and accidents in connection with the transport of such
wastes; and

f) coordination with other concerned government agencies in the event that
transport of such hazardous and radioactive wastes to designated TSDF requires security
escort or police protection/assistance.

SEC. 12. Requirements Applicable to Owners of Hazardous, and Radioactive Waste
Treatment, Storage, and Disposal Facilities — Within six (6) months after the effectivity of
this Act, the Department, in coordination with the DOH and PNRI, shall establish
requirements applicable to owners of TSDFs of hazardous and radioactive wastes necessary
to protect human health and the environment: Provided, That the Department, DOH and
PNRI shall, where applicable, distinguish requirements appropriate for new and existing
facilities at the time of effectivity of this Act. Such requirements shall include, but not limited
to, the following:

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

b) Requirements and Standards to ensure adequate resources, including human and
financial, throughout the life cycle of the facility,

c) Requirements and Standards for the closure, decommissioning and post closure
care, monitoring and maintenance and use of the facility;

d) Waste acceptance requirements and procedures, approved by the Department,
DOH and PNRI, for different types of hazardous and radioactive waste packages; and

e) Management, engineering controls and use of personnel protective equipment to
minimize exposure of workers to the hazardous wastes and medical surveillance of workers

directly involve in the collection, transport, storage or disposal of hazardous wastes


SEC. 13. Categories of TSDFs for Hazardous Wastes and Radioactive Wastes -
Within six (6) months after the effectivity of this Act, the Department shall formulate
specific, relevant and appropriate standards, including waste acceptance criteria, for the
various categories of TSDFs identified hereunder: Provided, That no waste shall be accepted
unless it complies with the waste acceptance criteria formulated pursuant to this Act:
Provided, further, That the Department shall revise, as the need arises, the regulations,
standards and guidelines applicable to the categories listed hereunder taking into account
improvements in the technology of control and measurement: Provided, finally, That such
regulations shall specify criteria for the acceptable location of new and existing TSDFs as
necessary to protect human health and the environment. The categories of TSDFs are as
follows:

(A) Facilities that conduct on-site storage, treatment and disposal of hazardous waste
generated or produced at the premises through industrial or commercial processes and
activities other than disposal via sewer.

The Department shall encourage on-site treatment of hazardous wastes by, among
other things, providing for incentives: Provided, That generators who undertake partial
treatment of waste shall not be considered as on-site facility operators for purposes of this
category: Provided, however, That mining operations shall fall under this category.

(B) Commercial or industrial hazardous waste thermal treatment facilities.

TSDFs in this category are facilities that conduct on-site and off-site thermal
treatment: Provided, That the Department shall promulgate regulations on hazardous wastes
used as fuel and raw material: Provided, further, That the Department may also exempt from
the requirements hereof facilities which burn de minimis quantities of hazardous wastes as
fuel, as defined by the Department, if:

1, the wastes are burned at the same facility at which such wastes are generated;

2. the waste is burned to recover useful energy, as determined by the Department on
the basis of the design and operating characteristics of the facility and the heating value and
other characteristics of the waste; and

3. the waste is burned in a type of device determined by the Department to be
designed and operated at a destruction and removal efficiency sufficient such that protection
of human health and environment is assured.

(C) Landfills that accept hazardous waste for disposal.

The Department shall, after due review and public consultation, promulgate
regulations concerning the prohibition of specified hazardous wastes in landfills: Provided,

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That the placement of such specified hazardous wastes in landfills may be allowed upon
determination by the Department that the prohibition for disposal of such waste in landfills is
not required in order to protect human health and the environment for as long as the waste
remains hazardous, taking into account the following factors:

1. the long-term uncertainties associated with land disposal;

2. the goal of managing hazardous waste in an appropriate manner in the first
instance; and

3, the persistence, toxicity, mobility, and propensity to bioaccumulate of such
hazardous wastes and their hazardous constituents.

For this purpose, disposal of hazardous waste in landfills is deemed to be protective of
human health and the environment if it is determined that there will be no migration of
hazardous constituents of the waste from the disposal unit or injection zone: Provided,
however, That the disposal of any liquids in landfills shall be prohibited: Provided, further,
That the disposal in landfills of wastes containing hazardous solvents, pesticides and
polycyclic hydrocarbons such as, among others, furans and dioxins, as determined by the
Department, after public consultation, are prohibited unless the Department determines the
prohibition of the disposal of such waste is not required in order to protect human health and
the environment for as long as the waste remains hazardous, taking into account the factors
referred to in subparagraphs (1) to (3) of ‘this category.

Within six (6) months from the preparation of the status report, the Department shall
review, classify and rank, subject to public consultations, all hazardous wastes listed pursuant
to this Act other than those wastes which are referred to in paragraph 3 of this category or
deep injection wells. Within twelve months (12) thereafter, the Department, when necessary,
shall promulgate regulations prohibiting disposal in landfills of such hazardous wastes listed
and ranked: Provided, That the Department shall promptly publish in a newspaper of general
circulation notice of such determination, together with an explanation of the basis for such
determination: Provided, further, That the storage of hazardous and radioactive waste in
landfills is hereby prohibited.

(D) Facilities that recycle or reprocess hazardous waste which are not generated or
produced at the premises

The Department, in coordination with DOST, shall promulgate standards for this
category of TSDF. Facilities in this category are those that receive off-site treatment of
hazardous waste and recover valuable materials from the hazardous wastes, use hazardous

‘waste as input materials or fuel for production, or produce compost by biological treatment of

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hazardous waste. It also includes, but not limited to, reclaimers of spent lead-acid batteries,
precious metals, and oil recyclers.

(E) Other off-site treatment facilities.

Facilities in this category are those facilities that receive hazardous waste outside the
premises and transform physical and/or chemical characteristics of the hazardous waste by
physicochemical or thermal treatment other than incineration in order to dispose of them into
landfills,

(F) Facilities that store hazardous and radioactive wastes which are not generated or
produced at the premises within allowable period.

The storage of any hazardous and radioactive waste is prohibited, unless such storage
is solely for the purpose of the accumulation of such quantities of hazardous wastes as are
necessary to facilitate proper recovery, treatment or disposal but shall not be longer than is
prescribed by the Department.

(G) Other land disposal facilities.

Facilities under this category shall include, among others, deep injection wells,
borehole facilities, near surface facilities, mined cavities, surface impoundments, land
treatment units/land farming and abandoned underground mines.

SEC. 14. Closure plan. - The owner of TSDFs shall submit a closure plan, including
the funds and human resources necessary for the same, subject to the review and approval of
the Department.

SEC. 15. Post-closure of facility. - The owner of a TSDF must close the facility upon
termination of its operation, and shall, after such closure, provide for protection during a
post-closure care period, in accordance with the requirements of the Department and the
closure plan, including the funds and human resources necessary for same. The protection
shall include, but not limited to, monitoring, repair and maintenance. The owner shall
maintain a hazardous waste facility permit for the post-closure care period pursuant to
Chapter VII hereof,

SEC. 16. Environmental Impact Statement (EIS) System - Prior to the establishment
of TSDFs, all government agencies and private corporations, firms and entities who intend to
set up TSDFs shall be subject to environmental impact statement (EIS) system pursuant to the
provisions of P-D. 1586 and its implementing rules and regulations.

SEC. 17. Formulation of Soil Quality Standards for Identification of Contaminated
Sites. - Within six (6) months from the effectivity of this Act, the Department, in coordination


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with other relevant government agencies, shall formulate soil quality standards which shall be
used to determine contaminated sites.

SEC. 18. Registry of Contaminated Sites. - The Department shall maintain a registry
of confirmed contaminated sites in the country based on the soil quality standards set
pursuant to Section 17 hereof: Provided, That the Department shall take all necessary action
to insure that the registry provides a complete listing of all such sites, their exact location, and
the types of waste found at each site: Provided, further, That in developing and maintaining
the registry, the Department shall assess, based upon new information received, the relative
priority of the need for action at each site to remedy environmental and health problems
resulting from the presence of hazardous and radioactive wastes at such sites: Provided,
finally, That any site classified as properly closed or remediated where no evidence of present
or potential adverse impact exists shall be deleted from the registry

SEC. 19. Import and Export of Hazardous and Radioactive Wastes. - In accordance
with Sec. 2 (c) hereof, the Department and PNRI shall promulgate rules and regulations on
the import and export of hazardous and radioactive wastes consistent with relevant
‘multilateral international agreements and protocols

SEC. 20. Market-Based Instruments, Responsible Care and Product Stewardship
Program. ~ Within six (6) months from the effectivity of this Act, the Department in
coordination with the manufacturers of commercial or industrial products shall identify and
implement market-based instruments, extended producer responsibility, responsible care,
products stewardship programs that shall promote cleaner production, waste minimization
and resource recovery: Provided, That the Department shall identify and list products that
shall be covered by such programs.

CHAPTER IIl- Radioactive Wastes

SEC. 21. Listing of Radioactive Wastes - Within six (6) months from the effectivity
of this Act, the Department of Science and Technology ~ Philippine Nuclear Research
Institute (DOST/PNRD, in coordination with the Department, after public consultation, shall
formulate and publish the criteria for identifying and listing the types of radioactive wastes to
be monitored and regulated.

SEC. 22. Classification of Radioactive Wastes. - The PNRI shall establish the waste
classification system based on internationally acceptable guidelines. The classification system
shall be based primarily on the safety aspects of radioactive waste disposal: Provided, That
other stages of radioactive waste management may also be developed by PNR.

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SEC. 23. Management of Radioactive Wastes. - Pursuant to Sections 10, 11, and 12
hereof, the PNRI shall promulgate rules and regulations on radioactive waste management.
The rules and regulations shall be based on the best available technique to limit the outflow
of radioactive substances to the environment, taking into account the benefits as well as the
cost of the measures to be undertaken. The measures shall be both technically and
economically feasible: Provided, That said rules and regulations may be based on, but not
limited to, the following methods of managing radioactive waste:

a) Dilute and disperse — radioactive waste with activity level that can be disposed
of as ordinary waste into the sewage, municipal landfills, among other areas;

b) Delay and decay — storage of short lived radionuclides under well controlled
conditions until the radioactivity has decayed to a level which meets the established
‘exemption or clearance limits for such waste; and

c) Characterization, segregation, treatment, conditioning, transport, storage,
disposal - management of radioactive waste containing long lived radio nuclides, including
disused sealed sources, and other wastes that cannot be managed under subsections (a) and
(b) of this section,

The acceptable storage period for conditioned wastes prior to the establishment of a
final disposal repository shall be for a maximum period of fifty (50) years.

SEC. 24. Guidelines for the Acceptance of Radioactive Wastes by Transporters and
TSDFs. - Within six (6) months after the effectivity of this Act, the PNRI shall formulate
specific, relevant and appropriate waste acceptance criteria for transporters and TSDFs of
radioactive wastes: Provided, That no radioactive waste shall be accepted unless it complies
with the waste acceptance criteria formulated pursuant hereof.

SEC. 25. Site Requirements and Selection Criteria. - The PNRI shall develop and
promulgate generic site requirements for locating a final repository for radioactive wastes.

SEC. 26. Safety Assessment and Environmental Impact Assessment, - The PNRI shall
develop and promulgate criteria and regulations on the performance requirements and safety
assessment of TSDF: Provided, That the safety assessment shall, among others, address both
radiological and non-radiological risks: Provided, further, That non-radiological
environmental impact assessment shall be carried out in accordance with relevant
environmental laws.

SEC. 27. Emergency Preparedness. - The PNRI shall promulgate requirements and
guidance on the formulation of emergency plan commensurate to the seriousness of the

accidents that could occur at the TSDFs.


SEC. 28. Security. - The PNRI shall promulgate guidelines on security arrangements
to be put in place to ensure that radioactive waste is not accidentally or deliberately removed
from their proper location, Particular attention shall be given to materials of intrinsic value
that could pose a serious threat to human health and the environment if control were lost.

CHAPTER IV -— Hazardous Healthcare Waste

SEC. 29. Listing of Hazardous Healthcare Waste - Within six (6) months from the
effectivity of this Act, the DOH in coordination with the Department and the Department of
Interior and Local Government (DILG), after public consultation, shall formulate criteria for
identifying and listing the categories of hazardous healthcare waste to be tracked and
regulated. In the formulation of such criteria, the DOH shall take into account, but not
limited to, the presence of infectious agents, toxicity, reactivity, ignitability and corrosivity.

SEC. 30. Management of Hazardous Healthcare Wastes in Hospitals and other
Healthcare Facilities. - Pursuant to Sections. 10, 11 & 12 hereof, the DOH shall promulgate
rules and regulations on the effective management of hazardous healthcare wastes in
hospitals and other health care facilities. The rules and regulations shall include, but not

limited to, the following:

a) Hospitals and other health care facil

ies shall practice or implement waste
minimization and segregation;

b) Segregation at source shall be the responsibility of the waste generator,

©) Appropriate storage receptacles or bins shall be provided for each healthcare
waste category;

4) Labeling of receptacle per waste category shall likewise be implemented for
identification of waste and management measures in case of accidents;

) All hazardous healthcare wastes shall be collected and stored in designated on-site
storage area until transported to a TSDF;

£) Treatment of hazardous healthcare waste on-site shall be done through appropriate
treatment methods;

g) Upon the approval of the Department, health care facilities with capacity to
manage hazardous healthcare waste on-site may also treat for a fee the hazardous healthcare

‘waste generated by other healthcare facilities: Provided, That the in the case of treatment of
radioactive healthcare waste, approval of the PNRI shall be secured;

h) For hazardous healthcare liquid waste, all healthcare facilities shall provide
wastewater treatment facilities and comply with the effluent standards set by DENR.

Treatment and disposal of sludge shall conform to the provisions of this Act; and

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i) To ensure proper management of hazardous healthcare waste, a committee on
hazardous healthcare waste management may be created in all healthcare facilities: Provided,
‘That in all Level 1, Level 2, Level 3 and Level 4 Hospitals the creation of a committee on
hazardous healthcare waste management shall be mandatory. The committee shall also
develop an emergency plan to ensure an immediate and appropriate action once an
emergency occurs. For other health care establishments, a hazardous healthcare waste
management officer shall be designated.

CHAPTER V — Special Hazardous Wastes

SEC. 31. Collection of Special Hazardous Wastes. - Local Government Units (LGUs)
shall be responsible for the collection of special hazardous wastes, as listed by the
Department in accordance with Sec. 5 hereof, from persons and households: Provided, That
the LGUs may enter into agreement with entities duly accredited by the Department for the
collection of special hazardous wastes.

SEC. 32. Responsible Care Program for Special Hazardous Wastes. - The LGUs shall
enact appropriate ordinances implementing responsible care, extended producer
responsibility or product stewardship program, that shall include, but not limited to, take-
back or return-to-supplier schemes, that shall promote cleaner production, waste
minimization and resource recovery.

SEC. 33. Transport, Treatment, Storage and Disposal of Special Hazardous Wastes. -
Upon collection of hazardous special wastes by LGUs pursuant to Sec. 31 hereof, the
transport, treatment, storage and disposal of special hazardous waste shall be regulated in
accordance with this Act.

CHAPTER VI - Institutional Mechanism

SEC. 34. Lead Agency. - The Department shall be the primary government agency
responsible for the implementation and enforcement of this Act, including in PEZA areas,
special economic zones and free ports, unless otherwise provided herein. As such, it shall
have the following functions, powers and responsibilities:

a) prepare a National Hazardous and Radioactive Wastes Report,

b) prepare a National Hazardous and Radioactive Wastes Management
Framework;

) develop and promulgate criteria for identifying and listing the characteristics of
hazardous and radioactive wastes;

d) — establish, enforce, review and revise standards for generators of hazardous and

radioactive wastes;

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e) establish, enforce, review and revise standards for transporters of hazardous and
radioactive wastes;

f) establish, enforce, review and revise standards applicable to owners and
operators of facilities for the treatment, storage and disposal of hazardous and radioactive
wastes,

8) exercise jurisdiction over all aspects of generation, possession, collection,
destruction, recovery, use, storage, transportation, entry into, even in transit, treatment and
disposal of hazardous and wastes;

h) evaluate applications for and issue permits and licenses pursuant to this Act;

i) revoke, modify or deny in accordance with the standards, rules and regulations,
hazardous waste transporter licenses, TSDFs permits and other permits/licenses issued in
accordance with this Act;

j) establish a cooperative effort among the national government, LGUs, academic
institutions, civil society and the private sector to attain the objectives of this Act;

k) develop and implement programs to achieve goals and objectives set under this
Act;

1) accept, receive and administer grants or other funds or gifts from public and
private agencies for the purpose of carrying out the provisions of this Act. Funds received by
the Department pursuant to this section shall accrue to the Hazardous and Radioactive Waste
Management Fund;

m) secure necessary scientific, technical, including laboratory facilities, by contract
or otherwise;

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

0) encourage waste reduction, resource recovery, exchange and energy
conservation in hazardous and radioactive waste management,

Pp) _ oversee any corrective action work undertaken pursuant to rules and regulations
issued in accordance with this Act;

q) formulate and undertake appropriate protocol with other concerned agencies for
immediate coordinated responses to hazardous and radioactive waste-related emergency

incidents;

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1) _ issue order against any person or entity and impose fines, penalties and other
administrative sanctions to compel compliance with the provisions hereof, standards, rules
and regulations issued pursuant to this Act; and

s) _ exercise such powers and perform such other functions as may be necessary to
carry out the objectives of this Act.

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

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

b) Develop and promulgate rules and regulations on the effective management of
hazardous healthcare wastes in hospitals and other health care facilities; and

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

SEC. 36. Role of the PNRI. — The PNRI shall be primarily responsible in performing
the following duties and responsibilities:

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

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

©) Develop and promulgate rules and regulations on the radioactive waste
management pursuant to section 23 hereof,

d) Formulate specific, relevant and appropriate waste acceptance criteria for
transporters and TSDFs of radioactive wastes pursuant to section 24 hereof;

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

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

SEC. 37. Role of Local Government Units. - Local government units shall have the
following duties and responsibilities:

a) Share the responsibility for the implementation, enforcement and monitoring of
the provisions of this Act within their territorial jurisdictions such as registration and

compliance monitoring of generators, transports and TSDFs;


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

©) Segregation and collection of special hazardous waste;

4) Emergency preparedness and response;

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

) Enact appropriate ordinances to implement LGU’s role in this Act.

SEC. 38. Interagency Technical Advisory Council (IATAC). - For purposes of policy
integration and harmonization and coordination of functions, there is hereby created an inter-
agency technical advisory council attached to the Department which shall be composed of the
following officials or their duly authorized representatives:

a) Secretary of Environment and Natural Resources, as Chairperson;

b) Secretary of Health, as Co-Chairperson;

©) _ Secretary of Science and Technology, as Co-Chairperson;

d) Secretary of Agriculture, as Member,

©) Secretary of Finance;

f) Secretary of Trade and Industry;

g) Secretary of National Defense;

h) Secretary of Foreign Affairs;
i) Secretary of Transportation and Communication;

i) League of Cities;

k) League of Municipalities;

1) League of Provinces;

m) League of Barangays;

n) Director General of the Philippine Export Zone Authority;

0) _ Representative from Civil Society Organizations;

p) Representative from the Industry;

q) Representative from TSDF operators; and

1) _ Representative from the Academe.

The IATAC shall be the have the following functions, among others:

a) Develop and promulgate criteria in assessing the proposed BAT/BEP to be used

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b) Constitute and authorize a multidisciplinary body to conduct annual audit to
determine compliance of TSDF operators with the terms and conditions in the permits and
licenses issued pursuant to this Act.

Representatives of civil society organizations, academe, TSDF operators and 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.

SEC. 39. JATAC Technical Working Group. - The IATAC shall be supported by a
Technical Working Group (TWG) which shall be composed of representatives of the
following:

a) Environmental Management Bureau (EMB) of the Department;

b) Environmental and Occupational Health Office of the DOH;

©) Philippine Nuclear Research Institute of the DOST;

4) Industrial Technology Development Institute of the DOST;

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

) Bureau of Soil and Water Management of the Department of Agriculture

(A);

g) Fertilizer and Pesticide Authority of the DA;

bh) —_ Bureau of Customs of the Department of Finance;

i) _ Bureau of International Trade Relations of DTI;

i) Board of Investments of the DTI;

k) Bureau of Import Services of the DTI;

1) Department of National Defense;

m) __ Land Transportation Office of the DOTC;

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

©) Philippine Coast Guard;

Pp) Civil Society Organizations;

@) Industry; and

1) Academe.

The TWG shall provide technical support to the IATAC.

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

SEC. 40. Linkage Mechanism. - The Department and its concemed agencies may

coordinate and enter into agreement with other government agencies, civil society, industrial

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sector and other concerned sectors in the furtherance of the policies of this Act: Provided,
That the Department shall coordinate with the Department of Interior and Local Government
and the Philippine National Police in the enforcement of the requirements for transporters
issued pursuant to this Act.

SEC. 41. Visitorial Powers — The Department, PNRI and DOH or their duly
authorized representatives shall have access to, and the right to copy therefrom, the records
required to be maintained pursuant to the provisions of this Act. The Secretary of the
Department and DOH and director of PNRI or their authorized representatives shall likewise
have the right to enter the premises of any generator, transporter, or TSDF any time to
question any employee or investigate any fact, condition or matter which may be necessary to
determine any violation, or which may aid in the effective enforcement of this Act and its
implementing rules and regulations. This section shall not apply to private dwelling places
unless the visitorial power is otherwise judicially authorized.

CHAPTER VII - Permits and Fees

SEC. 42. Permits for Treatment, Storage, or Disposal of Hazardous and Radioactive
Wastes - (A) Any person owning an existing or a new TSDF of hazardous or radioactive
wastes identified or listed pursuant to this Act is required to secure a permit or license
pursuant to this section. The Department and PNRI shall prescribe reasonable fees for the
issuance of said permit or license.

(B) Duration of permit — Any permit under this section shall be issued annually during
the first three (3) years of operation as TSDF. Thereafter, the Department and PNRI may
issue a permit license which is valid for five (5) years to TSDF who has satisfactorily
complied with the rules and regulations issued pursuant to this Act for the first three (3) years
of operations: Provided, That an annual audit shall be conducted by a multidisciplinary body
constituted and authorized by the IATAC created pursuant hereof.

(C) Permit modification, suspension and revocation - The Department and PNRI shall
modify, suspend and revoke such permit upon a determination of noncompliance by a TSDF
with the relevant provisions of this Act or the terms and conditions of the permit.

(D) Interim status — A permit to operate a TSDF issued prior to this Act shall be valid
and in force for a period of twelve (12) months after the effectivity of this Act: Provided,
That the required application for TSDF permit or license shall have been filed within the said
twelve (12) month period: Provided, further That this paragraph shall not apply to any
facility which has been previously denied a TSDF permit or license or if the authority to

operate the facility has been previously terminated.

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SEC. 43. Hazardous and Radioactive Waste Transporter License. ~ (A) Any person
transporting any hazardous and radioactive waste is required to secure a waste transporter
license from the Department subject to payment of reasonable fee

(B) Duration of license ~ A waste transporter license issued under this section shall
be valid for a period of one (1) year.

(© License modification, suspension and revocation — The Department and PNRI
shall modify, suspend and revoke such license upon a determination of noncompliance by a
transporter with the relevant provisions of this Act or the terms and conditions of the permit.

A license is not required for the transport of any hazardous or radioactive waste on the
premises where it is generated or onto a property owned by the generator thereof located
within a one (1) km. radius from said premises or within the same industrial estate: Provided,
That the Department is notified in writing prior to the transfer and a week after the transfer
has been completed. Nothing in this section shall be interpreted to preclude the Department
and the PNRI from inspecting unlicensed hazardous waste transporting equipment and
requiring that it be adequate to provide protection for the health of humans and the

environment.

SEC. 44. Hazardous Waste disposal Fee. - All hazardous waste disposal facilities
shall collect, on behalf of the government, from each hazardous waste generator or
transporter disposing such waste at the disposal site, a fee that shall accrue to the hazardous
waste management fund. The fee shall be established by the Department taking into

consideration the following:

a) Strong economic inducement for generators to modify their production or

management processes;
b) Cost of administering hazardous and radioactive waste management;

©) Cost of damages caused by hazardous and radioactive waste on the surrounding

environment, including that of rehabilitation;
d) Category of waste; and
€) Classification of waste

‘The fee, which shall be established after due public consultation, shall be based on the

quantity of waste disposed.

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CHAPTER VII Financing Hazardous Waste Management

SEC. 45. Financial Liability for Environmemal Rehabilitation. ~ The Department
shall require generators and owners of TSDFs to put up an Environmental Guarantee Fund
(EGF) as part of the Environmental Management Plan attached to the Environmental
Compliance Certificate (ECC) pursuant to Presidential Decree No. 1586 and. its
Implementing Rules and Regulations. The EGF shall finance the needs of emergency
response, clean up or rehabilitation of areas that may be damaged during the generation,
transport, treatment, storage or disposal of hazardous and radioactive wastes. Liability for
damages shall continue even after the termination of the project and, until the lapse of a given
period indicated in the ECC, as determined by the Department.

‘The EGF may be in the form of a trust fund, environmental insurance, surety bonds,

letters of credit, self-insurance, and any other instrument which may be identified by the
Department. ‘The choice of the guarantee instrument or combinations thereof shall depend,
among others, on the assessment of the risks involved. Proponents required to put up
guarantee instruments shall furnish the Department with evidence of availment of such

instruments.

>. 46. Performance Bond, - Prior to issuance of the required permit to operate, the
Department shall require transporters, owners of treatment/storage facilities to post
performance bond. ‘The performance bond shall be forfeited in the event of abandonment of
sites and/or non-performance of post-closure requirements issued pursuant to Sec. 15 hereof:
Provided, That this provision shall not apply to State-owned treatment/storage facilities and
to recyclers identified and listed as such pursuant to this Act.

CHAPTER X — INCENTIVES

SEC. 47. Rewards. — Rewards, monetary or otherwise, shall be provided to
individuals, private organizations and @ntities, including non-government organizations that
have undertaken outstanding and innovative projects, technologies, processes and techniques
or activities in hazardous and radioactive wastes managemeht. The rewards shall be sourced
from the Hazardous and Radioactive Wastes Management Fund herein created.

SEC. 48. Incentives Scheme. - An incentive scheme is hereby provided for the
purpose of encouraging enterprises, private entities, LGUs and NGOs to develop or undertake
an effective hazardous and radioactive waste management, or actively participate in any
program geared towards the promotion thereof, consistent with the objectives of this Act

(A) Tax and Duty Exemption on Imported Capital Equipment — Within five (5) years
upon the effectivity of this Act, registered enterprises, LGUs, and NGOs shall enjoy tax and

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duty-free importation of machinery, equipment, technology, vehicles and spare parts used for

transport, processing, storage and treatment of hazardous and radioactive wastes including

cleaner production and waste minimization technologies: Provided, That the importation of
such machinery, equipment, technology, and spare parts shall comply with the following
conditions

1, They are not manufactured domestically in sufficient quantity, of comparable
quality and at reasonable prices,

2. They are reasonably needed and will be used actually, directly and exclusively

for the above mentioned activities; and,

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

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

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

(D)Financial Assistance Program - Government financial institutions such as the
Development Bank of the Philippines (DBP), Landbank of the Philippines (LBP),
Government Service Insurance System (GSIS), and such other government institutions
providing financial services shall, in accordance with and to the extent allowed by the

enabling provisions of their respective charters or applicable laws, accord high priority to

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extending financial services to individuals, enterprises, or private entities engaged in
hazardous, radioactive, medical and hazardous special waste management

() Extension of Grants to LGUs. ~ Cities or municipalities whose special hazardous
waste management programs have been duly accredited by the Department or have adopted
innovative waste management programs may be entitled to receive grants for the purpose of
developing their technical capacities toward actively participating in the program for

effective and sustainable waste manage

(F) Tax Exemption on Hazardous Wastes Generated Within PEZA Areas, Free Ports
and other Special Ecozones. - Hazardous waste materials generated within PEZA areas, free
ports and other special Ecozones shall be allowed to be brought to the Philippine customs
territory for the sole intention of recycling and/or treatment shall be exempted from payment
of any tax due on said hazardous wastes: Provided, That said recyclable hazardous waste
materials are identified and listed in accordance with Section 5 of this Act

CHAPTER XI - Civil Liability and Penal Provisions
SEC. 49. Genera hi

bility. - The generator is primarily responsible for the

management of hazardous and radioactive waste until said waste has been certified as

properly treated or disposed by duly accredited TSDFs: Provided, That for wastes that are

exported outside of the country and treated and disposed in accordance with international

agreements, the TSDF: ue the certificate of treatment

he country of destination shall

and disposal. All other environmental service providers involved in the transport, treatment,

storage and disposal of said waste shall be jointly an

severally liable with the generator in
the event of any adverse environmental impacts due to the improper management of the
waste.

Seo. 50. Prohibited Acts. - The following acts are prohibited:

a) Discarding, throwi

Juinping of hazardous or radioactive wastes, listed
pursuant to this Act in public places, such as roads, sidewalks, canals, esteros, parks,
establishments and municipal solid waste facilities, or causing or permitting the same;

b) Undertaking acti

ties involving the collection or transport of hazardous or
radioactive waste in violation of the standards aiid other requirements or permits set forth in
this Act;

c) Causing or pen

ig the collection of non-segregated or unsorted hazardous
waste,

4) Operating TSDFs without permits issued pursuant to this Act;


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

t) Site preparation, construction, expansion or operation of TSDFs without an

onmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and
this Act

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

SEC. 51. Fines, Damages and Penalties. ~ Unless otherwise provided herein, any
person who commits any of the prohibited acts provided in the immediately preceding
Section or violates any of the provision of this Act or its implementing rules and regulations,
shall be fined by the Pollution Adjudication Board (PAB) in the amount not less than Ten
‘Thousand Pesos (P10,000.00) but not more than One Hundred Thousand Pesos
(P100,000.00) for every violation: Provided, That for violation of Section 50 involving
prohibited acts under paragraphs (a), (g), (h), (2), (1), (p), (8) and (0), the fine shall be imposed
for every day of violation.

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

. The fines herein prescribed shall be reviewed and revised, whenever necessary, every
three (3) years to compensate for inflation and to maintain the deterrent function of such
fines,

The PAB may order the closure, suspension of development or construction, or
cessation of operations until such time-that proper environmental safeguards are put in place
and/or compliance with the Act or its rules and regulations are undertaken, without prejudice
to the issuance of an ex parte order for such closure,y suspension of development or
construction, or cessation of operations during the pendency of the case: Provided, ‘That if
the prohibited act undertaken shall require clean-up and rehabilitation, the offender shall also
be required to restore or compensate for the restoration of the area. The PAB may also award
such damages as it may deem just under the circumstances in favor of the private

complainant in the case

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In case of gross violation of this Act, the PAB shail issue a resolution recommending

that the proper government agencies file cri

al charges against the violators. Gross
violation shail mean any of the following.

a) Deliberate disposal of hazardous or radioactive waste without the required permit
issued pursuant to this Act,

b). Three (3) or more violations of paragraphs (a), (d), (¢), (g). (k), (1) and (m) of Sec.
50 hereof within a period of two (2) years; or

¢) Blatant disregard of the orders of the PAB, such as the non-payment of fines,
breaking of seals, or operation of the source of pollution despite the existence of an order for
closure, discontinuance or cessation of operation, or unjustified refusal for the entry or access
to any premises of an authorized Department representative.

In these cases, the offender shall be punished a fine of not less than One Hundred
Thousand Pesos (P100,000.00) but not more than Three Million Pesos (P3,000,000.00)
and/or with imprisonment of not less than three (3) years but not more than ten (10) years at
the discretion of the court. If the offender is a juridical person, the chief executive officer and
the pollution control officer or its equivalent shall suffer the penalty herein provided
Provided, That the officers and incorporators of TSDFs who violated the post-closure
requirements issued pursuant to Sec. 15 hereof shall be banned from setting up ‘TSDFs and
hazardous and radioactive waste transport companies, and engaging in the operation of the
same.

.If the offender is an alien, he or she shall, after service of the sentence prescribed

above, be deported without further administrative proceeding:

‘The fines herein prescribed shall be reviewed and revised, whenever necessary, every
three (3) years to compensate for inflation and to maintain the deterrent function of such
fines.

SEC. 52. Administrative Sanctions. - Local government officials and officials of
government agencies concerned who fail to comply with and enforce rules and regulations
promulgated relative to this Act shall be charged administratively in accordance with R.A.
7160 or the Local Government Code and other existing laws, rules and regulations,

SEC. 53. Administrative Action. ~ Without prejudice to the right of any affected
person to file an administrative action, the Department, DOH and PNRI shali, on its own
instance or upon verified complaint by any person, institute administrative and civil
proceedings against any person who violates:

a) Standards or limitation provided under this Act; or


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b) Any order, rule or regulation issued by the Department, DOH or PNRI with
respect to such standard or limitation.
SEC. 54. Citizen Suit. - For purposes of enforcing the provisions of this Act or its

implementing rules and regulations, any citizen may file an appropriate civil, criminal or

administrative action in the proper courts or bodies against the following,

a) Any person who violates or fails to comply with the provisions of this Act or its
implementing rules and regulations, or

b) The Department or other implementing agencies with respect to orders, rules
and regulations issued inconsistent with this Act; or

©) Any public officer who willfully or grossly neglects the performance of an act
specifically enjoined as a duty by this Act or its implementing rules and regulations, or
abuses his authority in the performance of his duty, of, in any manner, improperly performs
his duties under this Act or its implementing rules and regulations: Provided, however, That
no suit can be filed until after a thirty-day (30) notice has been given to the public officer and
the alleged violator concerned and no appropriate action has been taken thereon

‘The court shall exempt such action from the payment of filing fees, except fees for
actions not capable of pecuniary estimations, and shall, likewise, upon prima facie showing
of the non-enforcement or violation complained of, exempt the plaintiff from the filing of an
injunction bond for the issuance of @ preliminary injunction,

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

SEC. 55. Suits And Strategic Legal Action Against Public Participation (SLAPP) And
The Enforcement Of This Act. - Where‘ suit is brought against a person who filed an action
as provided in Sec. 54 of this Act, or against any person, institution or government agency
that implements this Act, it shall be the duty of the investigating prosecutor or the court, as
the case may be, to immediately make a determination not exceeding thirty (30) days whether
said legal action has been filed to harass, vex, exert undue pressure or stifle such legal
recourses of the person complaining of or enforcing the provisions of this Act. Upon
determination thereof, evidence warranting the same, the court shall dismiss the case and
award attomey’s fees and double damages

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 XII — Miscellanceus Provisions
SEC. 56. Mandatory Public Hearings. - Mandatory public hearings for the

Framework shall cordance with the process to be formulated by the
Department

SEC. 57. Research

dous and Radioactive Waste Management - The
Department, after consultations with the cooperating agencies, shall encourage, cooperate
with, and cender financial and other assistance to appropriate government and private
agencies, institutions and individuals in the conduct and promotion of researches,
experiments, and other studies on hazardous and radioactive waste management, particularly
those relating to

a) Adverse health welfare effects of the release into the environment of hazardous

and radioactive wastes, and methods to eliminate said effects or minimize the health risks,

b) The oper:

and financing of hazardous and radioactive waste disposal
programs;

©) ‘The planning, implementation and operation of resource recovery and resource
conservation systems;

3’

hazardous waste;

he production of usable forr

s of recovered resources, including fuel from

2) The development and application of new and improve methods of collecting,
separating and disposing of hazardous and radioactive wastes and processing and recovering
materials and energy from hazardous and radioactive wastes;

Cleaner production technologies;

g) Improvements in land disposal practices for hazardous and radioactive wastes,
and

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

In carrying out hazardous and radioactive waste researches and studies, the
Department, DOH and PNRI or their authorized representatives may award grants or enter
into contracts with government agencies, non-government organizations and private persons

SEC. 58. Public Education and Information. - The Department, PNRI and DOH, in
coordination with Department of Education (DepEd), T
Education (CHED), DILG and Philippine Information Agency (PIA) and LGUs, shall

DA, Commission on Higher

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conduct a continuing education and is nation camp: hazardous and radioactive

ign on
waste management. Such education and information program shall:

a) Aim to develop public awareness of the impacts of hazardous and radioactive
wastes and how to prevent or minimize their adverse effects;

b) Concentrate on activities which are feasible and which will have the greatest
impact on the hazardous and radioactive waste management; and

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

SEC. 59, Environmemal Education in the Formal and Non-format 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 hazardous and
radioactive waste management principles in order to promote environmental awareness and
action among the citizenry.

SEC. 60, Business and Industry Role. - The Department, DOH and PNRI shall
encourage. commercial and industrial establishments, through appropriate incentives other
than tax incentives, to initiate, participate and invest in integrated hazardous and radioactive
waste management projects, to manufacture environment-friendly products, to introduce,
develop and adopt innovative processes that shall recycle and re-use materials, conserve raw
materials and energy, reduce waste, and prevent pollution, and to undertake community
activities to promote and propagate effective hazardous and radioactive waste management
practices.

CHAPTER XIi - Final Provisions

SEC. 61. Appropriations- The- Secretaries of the Department of Environment and
Natural Resources, Department of Health and the Department of Science and ‘Technology
shall include in their respective programs the implementation of this Act, the funding of
which shall be included in the annual General Appropriations Act.

In addition, the Departments may accept donations, contributions, grants, requests or
gifts, in cash or in kind, from various sources, domestic or foreiga, for purposes relevant to
hazardous and radioactive wastes management functions: Provided, That in case of donations
from foreign governments, acceptance thereof shall be subject to prior clearance and approval

of the President of the Philippines upon recommendation of the Secretary of Foreign Affairs.


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Receipts from donati

shall be accounted for in the books of the recipient
government agency in accordance with pertinent accounting and auditing rules and
regulations.

SEC. 62. Implementing Rules and Regulations. — Within one (1) year after the
effectivity of this Act, the Department, DOH and PNRI, respectively, shall promulgate the
implementing rules and regulations of this Act: Provided, That rules and regulations issued
by other government agencies and instrumentalities relative to hazardous and radioactive
waste management consistent with this Act shall supplement the rules and regulations issued
by the DENR, P’

There shall be a mandatory review of the implementing rules and regulations and

1 and DOH pursuant to the provisions of this Act.

standards set pursuant to the provisions of this Act.

SEC. 63. Joint Congressional Oversight Committee. - There is hereby created a Joint
Congressional Oversight Committee to monitor the implementation of this Act, The
Committee shall be composed of five (5) Senators and five (5) Representatives to be
appointed by the Senate President and the Speaker of the House of Representatives,
respectively, The Oversight Committee shall be co-chaired by a Senator and a Representative
designated by the Senate President and the Speaker of the House of Representatives,
respectively.

SEC. 64. Transitory Provision. - Pending the establishment of the Framework under
Sec. 8 hereof, and promulgation of implementing rules and regulations of this Act, pertinent
existing laws, regulations, programs and projects on hazardous and radioactive waste
management shall be enforced: Provided, That, for specific undertakings, these may be
revised in the interim in accordance with the intentions of this Act

SEC. 65. Report to Congress. - Fhe Department shall report to Congress not later than
March 30 of every year following the-approval of this Act, giving a detailed account of its
accomplishments and progress on hazardous and radioactive waste management during the
year and make the necessary recommendations in areas where there is need for legislative
action.

SEC. 66. Separability Clause. - ¥f any provision of this Act or the application of such
provision to any person or circumstances is declared unconstitutional, the remainder of the
Act or the application of such provision to other persons or circumstances shal! not be
affected by such declaration.

SEC. 67. Repeating Clause. — Republic Act No. 6969, Executive Order No. 192,
Republic Act No. 9003, Republic Act No. 7160, and Republic Act No. 2067, as amended, are

36


1 partly modified AH laws, decrees, issuances, rules and regulations, or parts thereof

2 inconsistent with the provisions of this Act are hereby repealed or modified accordingly

SEC. 68. Effectivity. - This Act shall take effect fifteen (15) days after its publication
4 in at least two (2) newspapers of general circulation

5 Approved,

sa}


FACT SHEET
House Bill Nos. 7, 211, 353 and 1203)

AN ACT PROVIDING FOR A COMPREHENSIVE HAZARDOUS AND RADIOACTIVE
WASTES MANAGEMENT, PROVIDING PENALTIES FOR VIOLATIONS THEREOF
AND FOR OTHER PURPOSES

Introduced by: REPS. ALCALA, GONZALEZ (N), YAP AND TEODORO

Committee Referral: COMMITTEE ON ECOLOGY
Committee Chairperson: HON. DANILO RAMON S. FERNANDEZ

OBJECTIVES:

To facilitate compliance by clearly defining responsibilities, requirements and other
protocols in hazardous, healthcare and radioactive wastes management.

To provide clear guidelines and specifications of treatment, storage and disposal
facilities including criteria of hazardous waste for disposal

To create a strong database by requiring generators to regularly submit self-
monitoring reports.

To provide a combination of strong “command and control” approach and market-
based instruments, such as the provision of instruments of self-regulation and of
higher fines and penalties to deter violations, respectively.

To strengthen enforcement capacity of agencies concerned by providing them the
necessary authority, powers and resources.

KEY PROVISIONS:

Provides for the formulation and enforcement of a system of accountability for
generators, including the promotion of extended producer responsibility, product
stewardship and responsible care program.

Requires generators and owners of treatment, storage and disposal facilities to use
best available technologies and best environmental practices (BAT/BEP) in
hazardous and radioactive waste management.

Provides for the promulgation of guidelines for the generation, collection,
segregation, transport, recovery, storage, treatment and disposal of hazardous and
radioactive wastes including emergency and contingency plans for accidents
involving such wastes.

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

Covers the generation, possession, collection, recovery, reuse, storage, transport,
treatment and disposal of hazardous, radioactive and health wastes in the country
for whatever purposes

Provides for the management and regulation of the generation, collection, separation
and recovery of wastes.


Provides for the formulation and publication of criteria for identifying and listing the
characteristics or types of hazardous and radioactive wastes that will be monitored
and regulated.

Sets standards or regulations for the operation of Treatment, Storage, and
Disposal Facilities.

Identifies and prescribes market-based instruments, extended producer
responsibility, responsible care, products stewardship programs that shall promote
cleaner production, waste minimization and resource recovery.

Identifies the specific functions, powers, responsibilities, roles of the Department of
Environment and Natural Resources, Department of Health, Philippine Nuclear
Research Institute and Local Government Units, for the implementation and
enforcement of this Act.

Creates an Inter-agency Technical Advisory Council for purposes of policy
integration, harmonization and coordination of functions.

Establishes an Environmental Guarantee Fund that will finance the needs of
emergency response, clean up or rehabilitation of areas that may be damaged
during the generation, transport, treatment, storage or disposal of hazardous and
radioactive wastes.

Provides rewards and incentive schemes geared towards the promotion and
consistence of this Act.

Provides liabilities, prohibitions, fines, damages and penalties.

Provides administrative sanctions, citizen suits and Strategic Legal Action Against
Public Participation.

RELATED LAWS:

ee eee

R.A. 6969 — Toxic Substances and Hazardous and Nuclear Wastes Control Act of
1990

R.A. 7160- Local Government Code

R.A. 8749- Philippine Clean Air Act of 1990.

R.A.2067- Science Act of 1958

P.D. 856 — Sanitation Code of the Philippines

E.O. 192 — Reorganization Act of the Department of Environment and Natural
Resources

Basel Convention on the Control of Transboundary Movement of Hazardous Wastes
and Their Disposal *