Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

40%

HOUSE BILL

Introduced by Representative JESUS R. MARQUEZ

EXPLANATORY NOTE

This bill seeks to amend and/or repeal pertinent provisions of Republic Act 8749 or the
Philippine Clean Air Act of 1999 and Republic Act 9003 or the Ecological Solid Waste
Management Act of 2000 with respect to the ban on incineration as a waste management option.

‘As one of the priority measures identified by the Legislative Executive Development
Advisory Council (LEDAC), this measure has already been approved on Third and Final Reading
by the House of Representatives in the 17th, 18th, and 19th Congresses, principally authored and
sponsored by the former Congressman, Engr. Carlito S. Marquez. In the 19th Congress, it
garnered support from 239 members, reflecting a strong consensus on the urgency of this
legislative reform.

The Philippines prides itself to be one of the most beautiful countries in the world, one
that is rich in biodiversity, natural resources and cultural heritage. Unfortunately, this richness is
increasingly threatened by a growing environmental crisis brought about by human activity. The
scale and urgency of the problem continue to compel the government to take decisive action. A
major and recurring concern is the country’s ineffective waste management system, which has
contributed to widespread environmental degradation such as flooding, soil erosion, landslides,
and health hazards arising from overfilled landfills and uncontrolled dumpsites.

‘As mandated by Republic Act No. 9003, barangays are responsible for the collection of
segregated waste, which they deliver to Materials Recovery Facilities (MRFs) for the segregation
of recyclables and composting of biodegradable materials. Meanwhile, local government units
(LGUs) are tasked with the collection and disposal of residual waste.

Although these mandates are clearly outlined in law, implementation at the local level
remains severely inadequate, particularly in densely populated areas such as Metro Manila. With
limited human capital, technical capacity, and funding, barangays struggle to meet the demands
of efficient waste collection. Moreover, the number of functional MRFs remains insufficient,
making full compliance with the law difficult across the 17 LGUs in the National Capital Region.

In terms of waste generation, data from the DENR-Environmental Management Bureau
(DENR-EMB) shows that Metro Manila alone has produced between 6,018.67 to 10,437 tons of
waste daily since 2020', with an average population density of 21,765 persons per square

' Environmental Management Bureau (2024), Regional State Of Brown [vironment Report. Retrieved from
butps://ncr.emb gov. ph/rsober!


kilometer. On a national scale, the country’s waste generation has steadily increased—from 9.07
million metric tons in 2000 to 16.63 million metric tons in 2020%. This waste is generated from
various sources, including households, commercial establishments, institutions, and industrial
activities.

Plastics also are a problem in the country. The Philippines generates about 1.7 million
metric tons of post-consumer plastic waste every year. According to the World Bank, roughly 33,
percent of this ends up in landfills or dumpsites, around 35 percent is dumped in open areas—
often burned illegally—and a significant portion leak into rivers, seas, and oceans. This not only
exacerbates marine pollution but also threatens public health and food security.1 These
compounding impacts highlight the urgent need to rethink and modernize the country’s approach
to waste treatment and disposal.

Given the scale and persistence of the garbage problem, waste management must now be
elevated as a national priority. While the Philippine government recognizes that various
technological and policy solutions are available, it also acknowledges that longstanding
institutional, financial, and logistical constraints have hindered full implementation.

In response, we push for the adoption of Waste-to-Energy (WTE) solutions as a practical
and science-based strategy to significantly reduce municipal solid waste. Rather than viewing
waste solely as a liability, WIE technologies allow us to transform it into a valuable resource. The
generated wastes shall serve as feedstock for the generation of energy and other beneficial
byproducts.

However, a major legal obstacle remains. Section 20 of the Clean Air Act of 1999 explicitly
prohibits incineration. Similarly, RA 9003 promotes systematic and ecological approach to solid
waste management that excludes incineration. Nonetheless, the Supreme Court, in MMDA
vs. JANCOM Environmental Corporation (G.R. No. 147465, January 30, 2002),
clarified that the Clean Air Act does not impose an absolute ban on incineration. What it prohibits
are burning processes that release poisonous and toxic fumes into the environment.

By the same token, several local government units have passed resolutions calling for the
review and repeal of these outdated provisions. These LGUs recognize the need for a sustainable
and long-term solution that includes the establishment of in-city, state-of-the-art Waste-to-
Energy (WTE) facilities—technologies that are already widely adopted in countries such as the
United States, Japan, South Korea, and across Europe.

Contrary to persistent myths, modern WTE technologies are equipped with stringent
pollution controls and meet global safety and environmental standards. Scientific evidence does
not support the claim that such facilities release over 200 toxic substances, including dioxins and
furans. 5 When properly designed and regulated, WTE systems can drastically reduce waste

ine Statistics Authority (2021).Highlights of the National Capital Region (NCR) Population - 2020 Census of Population
and Housing (2020 CPH) Retrieved from hiips:/ssoncr.psa.gos,ph content RSS Mhighlights-nat onal-capital-/egion-ner-

4).

reports/2023-2/solid-waste-management-program/
“World Bank (2024). Guidance on the Development of a Roadmap for Managing Plastic Waste and Reduction of Non-Recyclable
Single-use Plastics in the Philippines. Retrieved from https:/openknowledge.worldbank. org/entities/publication/78 ladBdb-f496-
4ef0-b84e-42c0460651262utm_source-chatgpt.com

‘Waste Management Program. Retrieved from

5 Traven, L. (2023). Busting the myth: waste-to-energy plants and public health. National Library of Medicine. doi: 10.2478/aibt-


volume, extend landfill life, generate clean electricity, and help offset the country’s dependence
on fossil fuels.

Waste Treatment Technology or WTE is an innovation that should be embraced and could
form a critical part of an integrated solid waste management strategy. When all other waste
reduction and diversion measures have been exhausted, WTE offers a viable, scientifically sound,
and environmentally responsible solution.

By allowing the responsible use of WTE technologies, we can address long-standing waste
management failures, improve public health, attract green investments, and pave the way for a
cleaner, more resilient future.

In view of the foregoing, the immediate passage of this bill is earnestly sought.
a

QQ Beles
H US “Jess?R. MARQUEZ.

2023-74-3733


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

4
HOUSE BILL NO. 404 _

Introduced by Representative JESUS R. MARQUEZ

AN ACT
REGULATING THE USE OF TREATMENT TECHNOLOGY FOR MUNICIPAL
AND HAZARDOUS WASTES, REPEALING FOR THE PURPOSE SECTION 20
OF REPUBLIC ACT NO. 8749, ENTITLED "THE PHILIPPINE CLEAN AIR
ACT OF 1999”

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

SECTION 1. Title. — This Act shall be known and referred to as the “Waste
Treatment Technology Act”.

Sec. 2. Regulation of Waste Treatment Technology. - Thermal and other
treatment technologies for the disposal of municipal and hazardous wastes, or for the
processing of any waste material for fuel, whether for commercial use or not, shall be
designed and operated to meet the standards established pursuant to this Act and its
implementing rules and regulations. These technologies shall be fitted with equipment
that will continuously monitor, record, and make publicly available the reported data on
their emissions or air pollutant concentrations. Proposed facilities that generate energy
or waste-to-energy facilities shall be given priority over other treatment technologies.
Entities utilizing such technologies shall incorporate in their facilities and operations the
appropriate material recovery program. Thermal treatment units shall treat wastes at a
temperature of not less than eight hundred fifty degrees centigrade (850°C).

Sec. 3. Lead Agencies. — The Department of Environment and Natural Resources
(DENR) shall be primarily responsible for the implementation and enforcement of this
Act, while the Department of Energy is primarily responsible over relevant regulations
pertaining to waste-to-energy facilities. Both agencies shall promote the use of state-of-
the-art, environmentally-sound and safe technologies for the handling, treatment,
thermal or non-thermal destruction, utilization, and disposal of residual wastes.

Pursuant to Sec. 15 of R.A No. 8749, otherwise known as the “Clean Air Act of
1999”, the Pollution Research and Development Program shall likewise include the
continuous monitoring, evaluation, and development of more appropriate air quality
guideline values and standards for the treatment of municipal and hazardous wastes, or
for the processing of any waste material for fuel.

Sec. 4. Role of Local Government Units (LGUs) in Setting Up Treatment

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Facilities.- The LGUs are hereby mandated to promote, encourage and implement in
their respective jurisdictions a comprehensive solid waste management plan that
includes waste reduction, segregation, recycling, composting, and recovery. The
establishment of treatment facilities shall be facilitated by LGUs within a region,
province, or strategically clustered LGUs, in consonance with their respective ten-year
solid waste management plans: Provided, That these are consistent with the national
solid waste management framework established pursuant to R.A. No. 9003, otherwise
known as the “Ecological Solid Waste Management Act of 2000”.

See. 5. Role of the National Solid Waste Management Commission (NSWMC). —
The solid waste management plans and supplemental disposal plans of all LGUs,
including those which may carry out treatment projects, shall be submitted to the
NSWMC which shall render a decision within ten (10) working days from submission
thereof. The NSWMC shall put in writing the reasons for either approving or denying
such plans.

Sec. 6. Role of the Department of Science and Technology (DOST). — The DOST
shall undertake the necessary verification of the technology that will be used for the
treatment or waste processing projects. The verification shall be completed and reported
in writing within ten (10) working days from receipt of the application, or twenty (20)
working days if the application is for a new technology.

See. 7. Role of the Department of Energy (DOE). ~ The DOE, in addition to its
powers and functions under R.A. No. 7638, otherwise known as “The Department of
Energy Act of 1992,” shall, insofar as the establishment and operation of facilities that
recover energy:

(a) Accredit and classify facilities that recover energy based on the energy output,
and determine the standards, criteria and requirements applicable therefor pursuant to
R.A. No. 9136, otherwise known as the “Electric Power Industry Reform Act (EPIRA) of
2001,”R.A. No. 9367, otherwise known as the “Biofuels Act of 2006,” and R.A. No. 9513,
otherwise known as the “Renewable Energy Act of 2008,” whichever is applicable:
Provided, That the energy generated from the facilities shall be regulated by the Energy
Regulatory Commission in as far as the rates and pricing thereof;

(b) Include a waste-to-energy implementation strategy in the Philippines Energy
Plan, which takes into consideration the National Solid Waste Management Framework;
(c) Make available to the public, especially to potential investors for these facilities,
local and national information on the following:
(i) current and potential uses of facilities in relation to solid waste
management;
(ii) inventory of existing facilities; and,
(iii) other relevant information.
Sec. 8. Responsibility of Owner and Operator. — Responsibility for compliance
with the standards promulgated for the establishment and operation of waste treatment

facilities shall rest with the owner and/or operator thereof. If, by virtue of a contract, the
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operator is primarily and solely responsible for compliance with the standards, the same
shall not relieve the owner of the requirement to exercise due diligence to ensure the
operator's compliance. In the event that the ownership of the facility is transferred to
another person, the previous owner shall notify the new owner of the standards and the
conditions set for the operation of said facility, and the laws and regulations that the new
owner or operator has to comply with.

These standards for operation of waste treatment or processing facility may be
made more stringent by not more than five percent (5%): Provided, That the more
stringent standards shall be effected ten (10) years following the commencement of the
operation of the facility that is established after the effectivity of this Act.

Sec. 9. Grant of Incentives. — The following fiscal and non-fiscal incentives shall
be granted to registered investors and hosts of waste treatment programs:

(a) Fiscal and Non-Fiscal Incentives. - Upon certification by the DOE, waste-to-
energy projects, as defined in this Act, may be granted the incentives provided under
Title XIII of Republic Act No. 8424, otherwise known as the “National Internal Revenue
Code of 1997”, as amended, and any other applicable laws: Provided, That the inclusion
of waste-to-energy projects in the strategic investment priorities plan shall be reviewed
and may be extended by the BOI.

(b) Financial Assistance Program — Government financial institutions such as the
Landbank of the Philippines, Development Bank of the Philippines, Government Service
Insurance System, and such other government institutions providing financial service
shall, in accordance with and to the extent allowed by the enabling provisions of their
respective charters or applicable laws, accord high priority in the extension of financial
services to individuals, enterprises, or private entities engaged in putting up treatment
faci : Provided, That these institutions shall allocate five percent (5%) of their loan
portfolio to waste treatment projects.

(c) Extension of Grants and Incentives to LGUs — Provinces, cities, and
municipalities, the treatment facilities plans of which have been duly approved by the
NSWMC for adopting innovative waste treatment programs, may be entitled to receive
grants for the purpose of developing their technical capacities toward actively
participating in the waste treatment projects. The LGUs that host common treatment
facilities shall be entitled to incentives as may be determined by the NSWMC.

Sec. 10. Permits and Licenses. — The procedure for the issuance of permits and
licenses for all kinds of waste-to-energy facilities shall be governed by R.A No. 11234,
otherwise known as the "Energy Virtual One-Stop Shop Act", and R.A. No.11032,
otherwise known as the “Ease of Doing Business and Efficient Government Service
Delivery Act of 2018”.

Sec. 11. Fines and Penalties. — Violations of the provisions of this Act, or the
standards or rules and regulations promulgated for treatment facilities shall be fined or
penalized under the provisions of P.D. 1586, otherwise known as the Environmental

Impact Statement System; R.A. No. 6969, otherwise known as the “Toxic Substances and
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Hazardous and Nuclear Waste Control Act of 1990”; R.A. No. 8749; R.A. No. 9003; and
R.A. No. 9275, otherwise known as the “Philippine Clean Water Act of 2004”. For waste-
to-energy facilities, the penal schemes established under the Philippine Grid Code and
Philippine Distribution Code pursuant to R.A. No. 9136, shall likewise apply.

Sec. 12. Congressional Oversight Committee. — Upon the effectivity of this Act, a
Joint Congressional Oversight Committee shall be constituted to monitor its
implementation by the concerned agencies and LGUs. The Oversight Committee shall be
composed of fourteen (14) members, with the Chairpersons of the Committee on Ecology
and Committee on Energy of the House of Representatives and the Chairpersons of the
Committee on Environment and Natural Resources and Committee on Energy of the
Senate as co-chairpersons and an additional four members from each House, to be
designated by the Speaker of the House of Representatives and the Senate President,
respectively.

Sec. 13. Implementing Rules and Regulations. - The DENR and DOE shall
promulgate the rules and regulations for the effective implementation of this Act, within
three (3) months after its approval.

Sec. 14. Report to Congress. - The DENR and the DOE shall submit to the
President of the Philippines and to Congress an annual report not later than March 30
of every year following the approval of this Act, which shall include an evaluation of the
implementation of this Act, and the appropriate recommendations thereon, and for any
improvements or modifications to the policies enunciated herein.

Sec. 15. Separability Clause. — If any part or section of this Act is declared
unconstitutional, such declaration shall not affect the other parts or sections of this Act.

Sec. 16. Repealing Clause. - Section 20 of R.A. No. 8749 otherwise known as the
“Philippine Clean Air Act of 1999” is hereby repealed. The pertinent provision of R.A. No.
9003 otherwise known as the “Ecological Solid Waste Management Act of 2000”, as
amended, and other laws, presidential decrees executive orders, rules and regulations
inconsistent with any provisions of this Act shall be deemed repealed or modified
accordingly.

Sec. 17. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,