SEVENTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES )
Third Regular Session )

SENAT| . .
S.B. NO. ‘F902 18 AUG -1 A936

Introduced by Senator Maria Lourdes Nancy S. Bina§éC:~:

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

EXPLANATORY NOTE

Article II, Section 15 of the 1987 Philippine Constitution provides:
“The State shall protect and promote the right to health of the people and
instill health consciousness among them.”
Hazardous and radioactive waste is a major problem.
The Philippine Hazardous and Radioactive Waste Management Act aims to
develop and implement programs on hazardous and radioactive waste
management, generate and promote guidelines for proper handling of hazardous

and radioactive wastes, and promulgate contingency plans for probable
accidents.

The proposed bill seeks to protect the health and safety of our people and to

attain a sustainable development.
MARIA LOURDES Caner S. BINAY

Senator



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Senate
SEVENTEENTH CONGRESS OF THE REPUBLIC) (Ofte af the Moceretarp
OF THE PHILIPPINES )
Third Regular Session ) “9 HB-1 A936

pe

SENATE

s.B.no._ 1902 receiv

Introduced by Senator Maria Lourdes Nancy S. Binay

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

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

CHAPTER I
GENERAL PROVISIONS.

Section 1. Short Title. - This Act shall be known as the “Philippine
Hazardous and Radioactive Wastes Management Act.”

Sec. 2. Declaration of Policy. ~ It is hereby declared the policy of the State
to advance the protection of human health and the environment from the
Potential risks of hazardous 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 wastes management
Programs focusing on pollution prevention and resource
conservation recovery which shall:

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


1 (2) Promote environmentally safe disposal of residues;
2 (3) Minimize the generation of hazardous and radioactive wastes
3 by encouraging cleaner production, process substitution,
4 resource recovery, recycling and reuse, and treatment; and
5 (4) Institutionalize public participation in the development and
6 implementation of such programs;
7 (b) Promulgate guidelines for the generation, collection, segregation,
8 transport, recovery, storage, treatment and disposal of hazardous
9 and radioactive wastes including emergency and contingency plans
10 for accidents involving such wastes;
eel (c) Prohibit the entry, even in transit, of hazardous and radioactive
12 wastes into the Philippine territorial limits for whatever purpose
13 consistent with multilateral international agreements and
14 protocols;
15 (d) Promote a national research and development program for
16 improved hazardous and radioactive wastes management and
7 resource conservation techniques;
18 (e) Formulate and enforce a system of accountability for generators,
19 including the promotion of extended producer responsibility,
20 product stewardship and responsible care program;
21 (f) Promote international environmental standards on wastes
22 management; and
23 (g) Strengthen the integration of hazardous and radioactive wastes
24 management and resource conservation and recovery topics into
25 the academic curricula of formal and non-formal education in
26 order to promote environmental awareness and action among the
27 citizenry.
28
29 Sec. 3. Coverage of the Act. - This Act shall apply to the generation,

30 possession, collection, recovery, reuse, storage, transport, treatment and
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disposal of hazardous and radioactive wastes in the country for whatever
Purposes; Provided, That this Act shall cover the entry of such wastes, even in
transit, into the Philippine territorial limits.

Sec. 4.
(a)

(b)

(c

(d)

Definition of Terms. ~ As used in this Act, the term:
“Abandoned underground mines” refer to worked out mineral
mines with deep shafts extending to about one thousand (1,000)
to two thousand (2,000) thousand feet below the ground surface;
“Best available techniques (BAT)" refer to any technology that
shall take into 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 release to the environment; and

(4) ensure occupational health and safety at the workplaces.
“Best environmental practices (BEP)” refer to practices that are
generally accepted as “environmentally friendly”, taking into
consideration the nature, traditions and culture of the locality. For
this purpose, technological advances and changes in scientific
knowledge and understanding shall likewise be considered in
determining acceptable practices in preserving the environment;
“Borehole facilities” shall refer to those that entail the
emplacement of solid radioactive wastes in an engineered facility
of relatively narrow diameter bored and operated directly from the
surface. It covers a range of design concepts with depths ranging
from a few meters up to several hundred meters, and their
diameters can vary from a few tens of centimeters up to more
than one (1) meter;



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“Carcinogen” refers to any substance that can cause or contribute
to the incidence of cancer;

“Collection” refers to the act of removing hazardous waste from
the source or from a storage point;

“Construction” refers to the erection or building of new structures;
“Contaminated sites” refer to places or spots where the soil quality
exceeds the soil standards set pursuant to Section 17 hereof;
“Corrective action” refers to the steps taken to assess; prioritize an
clean up hazardous and radioactive wastes from the treatment,
storage and disposal facilities (TSDFs) and/or contaminated sites
in order to protect health and the environment;

“Corrosivity” refers to a state where the waste has either of the
following properties:

(1) it is aqueous and has a pH less than or equal to 2 or
greater than or equal to 12.5;

(2) it is a liquid and corrodes steel (SAE 1020) at a rate greater
than 6.35mm (0.250 inch) per year at a test temperature of
55°C (130°F);

“Degradability” refers to the ability of a compound to be reduced
forms through a breakdown of its structure;

“Deep injection well” means a well used for subsurface injection of
waste fluids and solids derived from industries such as geothermal
and oil and gas into an injection zone;

(m) “Department” means the Department of Environment and Natural

(n)

Resources (DENR);

“Disposal” means the discharge, deposit, injection, dumping,
spilling, leaking or placing of any hazardous and radioactive
wastes into or on any land or water so 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;

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(0) “Generation” refers to the act or process of producing hazardous
and radioactive wastes;

(p) “Generator” refers to a person, natural or juridical, who producers
hazardous and radioactive wastes;

(q) “Geological repository” refers to the isolation of high level
radioactive waste using a system of engineered and natural
barriers at depths up to several hundred meters in a geologically
stable formation;

(r) “Hazardous waste” refer to substances 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;

(s) “Hazardous and radioactive wastes management” means the
systematic administration of activities which provide for the
identification, listing, collection, segregation, storage, transport,
Tecovery, reuse, processing, reprocessing, treatment and disposal
of hazardous and radioactive wastes;

(t

“Healthcare waste” refers to waste 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 and waste
originating from minor or scattered sources;
“Ignitability” refers to the characteristic used to define as
hazardous wastes that could cause a fire during transport, storage
or disposal. A waste exhibits the characteristics of ignitability if a
sample of the waste has any of the following properties:

(1) it is a liquid that has a flash point of less than 60°C

(140°F);

wu



1 (2) itis a liquid and is capable under standard temperature and
2 Pressure, of causing fire through friction, absorption of
3 moisture or spontaneous chemical changes and, when
4 ignited, burns so vigorously and persistently that it creates
5 a hazard;

6 (3) itis an ignitable gas; or

7 (4) it is an oxidizer,

8 (v) “Injection zone” refers to a geological formulation, group of
9 formation or a part of a formation located below the underground

10 source of potable water, and which receives waste fluids or solids

M1 through a deep injection well;

12 (w) “International environmental standards” refer to the requirements

13 or standards under existing international environmental

14 agreements to which the Philippines is a party;

15 (x) “Landfill” refers to a waste disposal site designated, constructed,

16 operated and maintained in a manner that exerts engineering

17 control over significant potential environmental impacts arising

18 from the development and operation of the facility;

19 (y) “Land disposal” refers to the placement of hazardous and

20 radioactive wastes on the surface, near surface and at depths

21 within the soil column;

22 (2) “Land treatment or land farming” refers to a managed technology

23 that involves the controlled application of waste on the soil surface

24 and/or the incorporation of waste or contaminated soils into the

25 upper soil zone.

26 (aa) “Level 1 hospital” refers to an emergency hospital that provides:

27 (1) initial clinical care and management to patients requiring

28 immediate treatment, as well as primary care on prevalent

29 diseases in the locality;


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(2) clinical services that include general medicine, pediatrics,
obstetrics and nonsurgical gynecology and minor surgery;

(3) general administrative service and may provide ancillary
services (primary clinical laboratory, first level radiology,
pharmacy); and

(4) nursing care for patients who require minimal category of
supervised care for twenty-four (24) hours or longer.

(Ind) “Level 2 hospital” refers to a departmentalized hospital that
provides:

(1) clinical care and management on prevalent diseases in the
locality;

(2) clinical services that include general medicine, pediatrics,
obstetrics and gynecology, surgery and anesthesia;

(3) appropriate administrative and ancillary services (secondary
clinical laboratory, first level radiology, pharmacy); and

(4) nursing care provided in the level 1 hospital as well as
intermediate moderate and partial category of supervised
care for twenty-four (24) hours or longer.

(cc) “Level 3 hospital” refers to a departmentalized hospital that
provides:

(1) clinical care and management on prevalent diseases in the
locality as well as particular forms of treatment, surgical
procedure and intensive care;

(2) clinical services in the level 2 hospital as well as specialty
clinical care;

(3) appropriate administrative and ancillary services (tertiary
clinical laboratory, second radiology, pharmacy); and

(4) nursing care provided in the level 2 hospitals as well as
total and intensive skilled care.



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(dd) “Manifest or consignment note” refers to a form prescribed by the
Department and the Philippine Nuclear Research Institute (PNRI)
accompanying hazardous and radioactive wastes from the point of
generation, through transport, to final disposition;

(ee) “Military munitions” refers 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 (DND);

(ff) “Mined cavities” refers to the emplacement of radioactive waste at
some depths inside mines or caverns which is either man-made or
natural;

(gg) “Mutagens” refers to any substance that can cause a change in
genetic material;

(hh) “Near surface facilities” refer to the disposal of radioactive wastes
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 earth’s surface;

(ii) “On-site treatment facilities” refer to the 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, the Department of Health (DOH) and the PNRI;

Gj) “Open burning” refers 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’;

(kk) “Partial treatment” refers to any process used to modify the
characteristics of a hazardous or radioactive waste without totally
negating its hazardous characteristics. This may include volume

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(ll)

(mm)

(nn)

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(pp)

reduction, conditioning, moisture reduction and neutralization,
among others;

“Persistence” refers 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 fifty (50) days;

“Person(s)” refers to any being, natural or juridical, susceptible of
rights and obligations, or of being the subject of legal relations;
“People’s organization (PO)” refers to a nonprofit and non-stock
association of citizens in a locality, embracing a common goal to
protect the environment and, ultimately, public health;
“Radioactive wastes” refer to the 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;
“Reactivity” refers to the state of waste material, or a
representative sample of the waste material, 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 quality sufficient

to present a danger to human health or the environment;



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(6) It is capable of 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.

“Resource recovery” refers to the collection, extraction or recovery
of recyclable materials from the waste stream for the purpose of
recycling, generating energy or producing a product suitable for
beneficial use; Provided, That such resource recovery facilities
exclude incineration;

“Recycling” refers to the process of minimizing the generation of
wastes by recovering usable products that might otherwise
become waste;

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

“Special hazardous wastes” 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
hazardous content which may be released to the environment
upon indiscriminate disposal;

“Storage” refers 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;

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(w)

“Surface impoundments” refer to pits, ponds, lagoons and dike
areas that are either natural topographic depressions 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;

(ww) “Sustainable development” refers to development which meets the

(x)

(yy)

(zz)

needs of the present without compromising the ability of future
generations to meet their own needs;

“Special hazardous wastes collectors” 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;

“Technical demonstration” refers 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 providing technological
feasibility and cost effectiveness;

“Level 4 hospital” refers to a teaching and training hospital (with
at least one (1) accredited residency training program for
physicians) that provides:

(1) clinical care and management on prevalent diseases in the
locality as well as specialized and sub-specialized forms of
treatment, surgical procedure and intensive care;

(2) clinical services provided in the level 3 hospital as well as
sub-specialized clinical care;



(3) appropriate administrative and ancillary services (tertiary
Clinical laboratory, third level radiology, pharmacy); and

(4) nursing care provided in the level 3 hospital as well as
continuous and highly specialized critical care.

(aaa) “Thermal treatment” refers to the controlled heating which
involves a prescribed beating rate, maximum temperature and
cooling cycle to produce the property and grain structure required;

(bbb) “Toxicity” refers 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

Sears Heone

1 others;

12 (ccc) “Treatment” refers to any method, technique or process designed
13 to change the physical, chemical or biological character or
14 composition of any hazardous and radioactive wastes so as to
15 render such waste non-hazardous, safer for transport, amendable
16 for recovery, amendable for storage or reduced in volume;

17 (ddd) “Treatment, storage and disposal facility (TSDF)” refers to a site
18 where a hazardous substance is treated, stored or disposed;

19 (eee) “Waste acceptance criteria” refers to a list of parameters which
20 describe the minimum characteristics which the waste should
21 posses before it may be placed or accepted in a TSDF.

22

23 CHAPTER II

24 MANAGEMENT SYSTEM.

25

26 Sec. 5. Identification and Listing of Hazardous Wastes. - Within six (6)

27 months from the effectivity of this Act, the Department shall, after notice and |
28 public consultation, develop, formulate and publish criteria for identifying and
29 listing the characteristics of hazardous wastes, taking into account, but not be
30 limited to, toxicity, persistence, reactivity and degradability in nature, potential

12



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 DOH and the PNRI, 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 DND
and appropriate government agencies, shall formulate criteria for identifying
when military munitions become hazardous and radioactive wastes; 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 waste products to be tracked and regulated, taking into
account, but not be limited to, the presence of toxicity, reactivity, ignitability and
corrosivity.

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

Sec. 7. National Hazardous and Radioactive Wastes Status Report. - The
Department, in coordination with the DOH, the PNRI and other concerned
agencies, shall, within six (6) months, publish a Wastes Management Status


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Report which shall be used as a basis in formulating the National Hazardous and
Radioactive Wastes Management Framework provided in Section 8 of this Act.

The said report shall include, but shall not be limited to, the following:

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

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

(c) Projection of hazardous and radioactive wastes generation,
including quantity for reduction, recovery and reuse;

(d) Listing of treatment, storage and disposal facilities, including
transporters of hazardous and radioactive wastes; and

(e) Listing of identified contaminated sites.

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

@

Hazardous and radioactive wastes control strategies and

techniques;

(b) Proper hazardous and radioactive wastes transport, treatment,
storage and disposal systems;

(c

(d) Period of compliance for waste reduction;

(e)

Waste reduction goals and targets;

Information and education campaign;

(f) Human resources development; and

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(g) Roles and responsibilities of relevant government agencies;

The framework shall be adopted as the official blueprint for hazardous and
radioactive wastes 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 Wastes 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 wastes management. The Department, in coordination with the
Inter-Agency Technical Advisory Council (IATAC) created herein, 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 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 the effectivity of this Act, the Department,
the DOH and the 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 requirement shall include, but not be 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

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human health or the environment, and the disposition of such

wastes;

(b) Use of appropriate storage facilities and containers to prevent
releases 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 wastes;

(d) Use of a manifest or consignment note system and any other
means necessary to assure that all hazardous and radioactive
wastes generated are designated for treatment, storage or
disposal in, and arrived at TSDFs with appropriate permit issued
pursuant to this Act;

()

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 wastes, the generators shall
only engage the services of transporters and the TSDFs holding
permits issued pursuant to this Act; and

(g) In the case of radioactive wastes, the wastes generator is required

to submit a certificate of transport from the 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, the PNRI and the Department of
Transportation (DOTr), shall establish requirements applicable to transporters of
hazardous and radioactive wastes necessary to protect human health and the
environment.

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(a) Recordkeeping concerning such wastes transported and their
source and delivery points;

(b) Use of carriers duly registered with the DOTr;

(c

(d) Transport of wastes only to the TSDF which the generator
designates in the manifest form to be a facility holding appropriate
permit issued pursuant to this Act;

Transport of wastes only if properly labeled;

(e) Emergency and contingency plans for effective action to minimize
damage and contain and mitigate 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
the designated TSDF requires security escort or police
protection/assistance.

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

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(©) 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, the DOH and the PNRI, for different types of
hazardous and radioactive wastes packages; and

1

Management, engineering controls and use of personnel protective
equipment to minimize exposure of workers to the hazardous
wastes and medical surveillance of workers directly involved in the
collection, transport, storage or disposal of hazardous wastes.

Sec. 13. Categories of TSDFs for Hazardous 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 wastes 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 waste by, among others, providing for

incentives; Provided, That generators who undertake partial
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(©)

@

)

treatment of wastes shall not be considered as on-site facility
operators for purposes of this category; Provided, however, That
mining operations shall fall under this category;

Commercial or industrial hazardous wastes 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
the waste is burned in a type of device determined by the
Department to be designed and operated at a destruction

e)

and removal efficiency sufficient such that the protection of

human health and environment is assured;
Landfills that accept hazardous wastes for disposals - The
Department shall, after due review and public consultation,
promulgate regulation concerning the prohibition of specified
hazardous wastes in landfills; Provided, That the placement of
such specified hazardous wastes in landfills maybe allowed upon
determination by the Department that the prohibition for disposal
of such waste in landfills is not required in order to protect human

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health and the environment for as long as the waste remains
hazardous, taking into account the following factors:
(1) The long-term till certainties associated with land disposal;
(2) The goal of managing hazardous wastes in an appropriate
manner in the first instance; and
(3) The persistence, toxicity, mobility and propensity to bio-
accumulate such hazardous wastes and their hazardous
constituents.

For this purpose, disposal of hazardous wastes 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 wastes from the disposal unit or injection zone;
Provided, however, That the disposal of any liquid 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, is
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

consultation, all hazardous wastes listed pursuant to this Act, other

than those wastes which are referred to in subparagraph (3) of this

category or deep injection wells. Within twelve (12) months

thereafter, the Department, when necessary, shall promulgate
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(h)

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 wastes in landfills is hereby prohibited;
Facilities that recycle or reprocess hazardous wastes which are not
generated or produced at the premises ~ The Department, in
coordination with the POST, shall promulgate standards for this
category of the TSDF. Facilities in this category are those that
receive off-site treatment of hazardous wastes and recover valuable
materials from the hazardous wastes, use hazardous wastes as
input material or fuel for production, or produce compost by
biological treatment of hazardous wastes. These also include, but
are not limited to, reclaimers of spent lead-acid batteries, precious
metals and oil recyclers;

Other off-site treatment facilities - Facilities in this category are
those facilities that receive hazardous wastes outside the premises
and transform physical and/or chemical characteristics of the
hazardous wastes by physicochemical or thermal treatment other
than incineration or in order to dispose of them into landfils;
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 recover, treatment or disposal but shall not be longer than
is prescribed by the Department; and

Other land disposal facilities - Facilities under this category shall
include, among others, deep injection wells, borehole facilities, near

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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 the same. The protection shall include, but shall
not be limited to, monitoring, repair and maintenance. The owner shall maintain
a hazardous waste facility permit for the post-closure care period pursuant to
Chapter VI hereof.

Sec. 16. Environmental Impact Statement (EIS) System. ~ Prior to the
establishment of TSDFs, all government agencies and private corporations, firms
and entities which intend to set up TSDFs shall be subject to the Environmental
Impact Statement (EIS) System pursuant to the provisions of Presidential Decree
No. 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 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

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quality standards set pursuant to Section 17 hereof; Provided, That the
Department shall take all necessary action to ensure 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 maintain 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 Section 2(c) hereof, the Department and the 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 III
RADIOACTIVE WASTES

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Sec. 21. Listing of Radioactive Wastes. - Within six (6) months from the
effectivity of this Act, the Department of Science and Techonology (DOST) -
PNRI, 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 primarily on the safety aspects of radioactive
wastes disposal; Provided, That other stages of radioactive wastes management
may also be developed by the PNRI.

Sec. 23. Management of Radioactive Wastes. - Pursuant to Sections 10,
11 and 12 hereof, the PNRI shall promulgate rules and regulations on radioactive
wastes management. Said 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
technique. The technique shall be both technically and economically feasible;
Provided, That said rules and regulations may be based on, but not be limited to,
the following methods of managing radioactive wastes:

(a) Dilute and Disperse ~ Radioactive waste within activity level that
can be disposed of as ordinary waste into the sewage, municipal
landfills, etc.;

(b) Delay and Decay ~ Short-lived radionuclides by storing under well
controlled conditions until the radioactivity has decayed to a level
which meets the established exemption or clearance limits for such
waste;

(©

Characterization, Segregation, Treatment, Conditioning, Transport,
Storage, Disposal Methods for managing radioactive wastes
containing long-lived radionuclides, including disused, sealed

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sources and other wastes that cannot be managed under
subsections (a) and (b) of this Section; Provided, That the
acceptable storage period for conditioned wastes prior to the
establishment of a final disposal repository shall be 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 Requirement 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 (EIA).
- The PNRI shall develop and promulgate criteria and regulations on the
performance requirements and safety assessment of the TSDF; Provided, That
the safety assessment shall, among others, address both radiological and non-
radiological risks; Provided, further, That non-radiological EIA 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 plans
commensurate to the seriousness of the accidents that could occur at the TSDFs.

Sec. 28. Security. - The PNRI shall promulgate guidelines on security
arrangements that should be in place to ensure that radioactive waste is not

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accidentally or deliberately removed from their proper location without 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 WASTES

Sec. 29. Listing of Hazardous Healthcare Wastes. - Within six (6) months
from the effectivity of this Act, the DOH, in coordination the Department and the
DILG, after public consultation, shall formulate criteria for identifying and listing
the categories of hazardous healthcare wastes to be tracked and regulated. In
the formulation of such criteria, the DOH shall take into account, but not be

limited to, presence of infectious agents, toxicity, reactivity, ignitability and
corrosivity.

Sec. 30. Management of Hazardous Healthcare Wastes in Hospitals and
Other Healthcare Facilities, ~ Pursuant to Section 10, 11 and 12 hereof, the DOH
shall promulgate rules and regulations on the effective management of
hazardous healthcare wastes in hospitals and other healthcare facilities, Such
rules and regulations shall include, but not be limited to, the following:
(a) Hospitals and other healthcare facilities 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;
() Labeling of receptacle per waste category shall likewise be
implemented for identification of waste and management
measures in case of accidents;

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(e)

(

(9)

(h

(i)

All hazardous healthcare wastes shall be collected and stored in
designated on-site storage areas until transported to a TSDF;
Treatment of hazardous healthcare wastes on-site shall be done
through appropriate treatment methods;

Upon the approval of the Department, healthcare facilities with
capacity of manage hazardous healthcare wastes on-site may also
treat for a fee the hazardous healthcare wastes generated by
other healthcare facilities; Provided, That in case of treatment of
radioactive healthcare wastes, approval of the PNRI shall be
secured;

For hazardous healthcare liquid waste, all healthcare facilities shall
provide wastewater treatment facilities and comply with the
effluent standards set by the DBNR. Treatment and disposal of
sludge shall conform to the provisions of this Act; and

To ensure the proper management of hazardous healthcare
wastes, a committee on hazardous healthcare wastes
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 wastes
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
healthcare 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

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listed by the Department in accordance with Section 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 shall not be 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
Section 31 hereof, the transport, treatment, storage and disposal of special
hazardous wastes 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 Philippine Economic Zone Authority areas, special economic zones and
freeports, 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;

(c) 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;

(g) 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 radioactive wastes;

(h)

Evaluate application 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;

i}

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;

(I) 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
Wastes 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 wastes management as it may deem

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(0)

()

(a)

(r

(s)

advisable and necessary for the discharge of its duties pursuant to
this Act;

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

Oversee any corrective action work undertaken pursuant to rules
and regulations issued in accordance with this Act;

Formulate and undertake appropriate protocol with other
concerned agencies for immediate coordinated responses to
hazardous and radioactive waste-related emergency incidents;
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

Exercise such powers and perform such other functions as may be
necessary to carry out the objectives 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 wastes 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

wastes management pursuant to Section 23 hereof;

(4) Formulate specific, relevant and appropriate waste acceptance

criteria for transporters and TSDFs of radioactive wastes pursuant
to Section 24 hereof;

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(e)

(f)

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

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 (LGUs). ~ Local government units
shall have the following duties and responsibilities:

(a)

(b)

(¢
(4)
(e)

)

Share the responsibility for the implementation, enforcement and
monitoring of the provisions of this Act within their territorial
jurisdictions such as the registration and compliance monitoring of
generators, transports and TSDFs;

Prepare a compliance scheme in accordance with their special
hazardous wastes management program;

Segregation and collection of special hazardous wastes;
Emergency preparedness and response;

Participate in all efforts concerning hazardous and radioactive
wastes management; and

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

Sec, 38. The Interagency Technical Advisory Council (IATAC). ~ For
Purposes of policy integration and harmonization and coordination of functions,
there is hereby created an IATAC attached to the Department which shall be
composed of the following officials of their duly authorized representatives:

(a)
(b)
()
(d)
(e)

Secretary of Environment and Natural Resources, as chairperson;
Secretary of Health, as co-chairperson;

Secretary of Science and Technology, as co-chairperson;
Secretary of Agriculture;

Secretary of Finance;

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1 (f) Secretary of Trade and Industry;

2 (g) Secretary of National Defense;

3 (h) Secretary of Foreign Affairs;

4 (i) Secretary of Transportation;

5 ()_ President of League of Cities;

6 (k) President of League of Municipalities;

7 (I) President of League of Provinces;

8 (m) President of League of Barangays;

9 (n) Director General of the Philippine Export Zone Authority;

10 (0) Representative from civil society;

u (p) Representative from the industry;

12 (q) Representative from the TSDF operators; and
13 (r) Representative from the academe as members
14
15 The IATAC shall have the following functions, among others:

16 (a) Develop and promulgate criteria in assessing the proposed
17 BAT/BEP to be used accordance with Section 9 hereof; and

18 (b) Constitute and authorize a multidisciplinary body to conduct
19 annual audit to determine compliance of the TSDF perpetrators
20 with the terms and conditions in the permits and licenses issued
21 Pursuant to this Act.
22
23 Sec. 39. The IATAC Technical Working Group. - The IATAC shall be
24 supported by a technical working group (TWG) which shall be composed of

25 representatives of the following:

26 (a) Environmental Management Bureau (EMB) of the Department;
27 (b) Environmental and Occupational Health Office of the DOH;

28 (c) Philippine Nuclear Research Institute of the DOST;

29 (d) Industrial Technology Development Institute of the DOST;

30 (e) Bureau of Health Facilities and Services of the DOH;

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

g

(h) Bureau of Customs of the Department of Finance (DOF);

(i) Bureau of International Trade Relations of the DTI;

(i) Board of Investments of the DTI;

(k) Bureau of Import Services of the DTI;

(I) Department of National Defense (DND);

(m) Land Transport Office of the DOTr;

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

(0) Philippine Coast Guard;

(p) Nongovernment organizations (NGOs);
(q) Industry; and
(1) the Academe.

The TWG shall provide technical support to the IATAC.

Sec. 40. Linkage Mechanism. - The Department and its concerned
agencies may coordinate and enter into agreement with other government
agencies, civil society, industrial sector and other concerned sectors in the
furtherance of the policies of this Act; Provided, That the Department shall
coordinate with the DILG and the Philippine National Police in the enforcement of
the requirements for transporters issued pursuant to this Act.

Sec. 41. Visitorial Powers. - The Department, the PNRI and the 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 the DOH and the Director of the

PNRI or their authorized representatives shall likewise have the right to enter the

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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) Issuance of Permit - 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 the 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 a TSDF.
Thereafter, the Department and the PNRI may issue a permit or
license which is valid for five (5) years to a TSDF who has
satisfactorily complied with the rules and regulations issued
pursuant to this Act for three (3) consecutive years; 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 the PNRI shall modify, suspend and revoke such permit upon

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C)

a determination of noncompliance by a TSDF with the relevant
provisions of this Act or the terms and conditions of the permit.
Interim Status — Any person who owns a TSDF in existence prior
to this Act is required to have permit under this section shall be
treated as having been issued such permit for a period of twelve
(12) months after the effectivity of this Act; Provided, That this
paragraph shall not apply to any facility which has been previously
denied a TSDF permit or license or if authority to operate the
facility has been previously terminated.

Sec, 43. Hazardous and Radioactive Wastes Transporter License. -
(a) Any person transporting any hazardous and radioactive waste is

(©

(c

required to secure a waste transporter license from the
Department, subject to the payment of a reasonable fee;

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 the 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 premise where it is
generated or onto a property owned by the generator thereof
located within a one (1) kilometer 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

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and to require that it be adequate to provide protection for the
health of humans and the environment.

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

(a

To provide strong economic inducement for generators to modify

their production or management processes;

(b) To cover the cost of administrative hazardous and radioactive
wastes management;

©

Reflect damages caused by hazardous and radioactive wastes on
the surrounding environment, including the cost of rehabilitation;
(d) Category of wastes; and

©)

Classification of wastes.

The fee, which shall be established after due public consultation, shall be based
‘on the quantity of wastes disposed.

CHAPTER VIII
FINANCING HAZARDOUS WASTES MANAGEMENT

Sec. 45. Financial Liability for Environmental Rehabilitation, — The
Department shall require generators and owners of TSDFs to put up
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

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or disposal of hazardous and radioactive wastes. Liability for damages shall
continue even after 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.

Sec. 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 Section 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 IX
INCENTIVES

Sec. 47. Rewards. - Rewards, monetary or otherwise, shall be provided to
individuals, private organizations and entities, including NGOs that have
undertaken outstanding and innovative projects, technologies, processes and
techniques or activities in hazardous and radioactive wastes management. Said
rewards shall be sourced from the Hazardous and Radioactive Wastes
Management Fund herein created.

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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 wastes
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 and
Vehicles — Within five (5) years upon the effectivity of this Act,
registered enterprises, LGUs and NGOs shall enjoy tax and duty-
free importation of machinery, equipment, technology and spare
parts used for the 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 abovementioned activities;
and
(3) There is an approval from 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 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 solitarily liable to pay twice the amount of tax and duty
‘exemption given it.

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(b) Tax Exemption on the Sale of Domestic Capital Equipment -

i

@)

(e

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 any applicable taxes 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 Gifts - All donations,
gifts and legacies made by any person or entity in favor of the
registered enterprises, LGU and NGOs, for the support and
maintenance of the program for effective hazardous and
radioactive wastes management, shall be exempt from donor's tax
and such amount of donations shall be deductible from the gross
income of the donor pursuant to Section 34, paragraph (H) of the
National Internal Revenue Code of 1997, as amended;

Financial Assistance Program — Government financial institutions
such as the Development Bank of the Philippines (DBP), the
Landbank of the Philippines (LBP), the 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 extend financial
services to individuals, enterprises or private entities engaged in
hazardous, radioactive, medical and hazardous special wastes
management;

Extension of Grants to LGUs — Cities or municipalities whose
special hazardous wastes management programs have been duly
accredited by the Department or have adopted innovative wastes

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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 wastes
management

(f) Incentives to Host LGUs — LGUs which host common hazardous
and radioactive wastes management facilities shall be entitled to
incentives as provided for under this Act;

(g) Tax Exemption on Hazardous Wastes Generated Within PEZA
Areas, Freeports and Other Special Ecozones - Hazardous waste
materials generated within PEZA areas, freeports and other special
ecozones shall be allowed to be brought to the Philippine customs
territory for the sole intention of recycling and treatment, and 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 X
CIVIL LIABILITY AND PENAL PROVISIONS

Sec. 49. Generator’s Liability. — The generator is primarily responsible for
the management of hazardous and radioactive wastes until said waste has been
certified as properly treated or disposed by duly accredited TSDFs; Provided,
That wastes that are exported outside of the country and treated and disposed in
accordance with international agreements, the TSDFs in the country of
destination shall issue the certificate of treatment and disposal. All other
environmental service provides involved in the transport, treatment, storage and
disposal of said waste shall be jointly and severally liable with the generator in
the event of any adverse environmental impacts due to the improper
management of waste.

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Sec. 50. Prohibited Acts. — The following acts are prohibited:

(a) Discarding, throwing or dumping of hazardous or radioactive

wastes, as listed pursuant to this Act in public places, such as
roads, sidewalks, canal, esteros, parks, establishments and
municipal solid waste facilities, or causing or permitting the same;
Undertaking activities involving the collection or transport of
hazardous or radioactive wastes in violation of the standards and
other requirements or permits set forth in this Act;

Causing or permitting the collection of non-segregated or unsorted
hazardous wastes;

Operating TSDFs without permits issued pursuant to this Act;
Transporting hazardous or radioactive wastes without the required
permit or license pursuant to this Act;

(f) The mixing of source-separated recyclable material with other

hazardous wastes in any vehicle, box, container or receptacle used
in hazardous or radioactive wastes collection or disposal;

Disposal of hazardous or radioactive wastes in open and controlled
dumps as enjoined in this Act, or causing and permitting the
same;

Establishment and operation of open and controlled dumps for
hazardous and radioactive wastes;

(i) Transporting and dumping of collected hazardous or radioactive

wastes in areas other than facilities prescribed under this Act;
Open burning of hazardous or radioactive wastes;

Transporting any hazardous or radioactive wastes to a TSDF which
is not authorized to receive such waste pursuant to this Act;

(|) Treating, storing or disposing of any hazardous or radioactive
waste either: (1) without permit or license to do so pursuant

hereof; or (2) in knowing violation of any material condition or

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requirement of such permit or license; or (3) in violation of any
standard promulgated pursuant to this Act;

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

in any application, label, permit, record, report, manifest or other

document filed, maintained or required to be maintained under this

Act;

Falsifying, tampering with or rendering inaccurate any monitoring

(n)

device or result therefrom used, filed, maintained or required to be
maintained under this Act;
©

Generating, treating, storing, transporting, disposing of or handling
any hazardous or radioactive waste, and who, in connection
therewith, knowingly destroying, altering or concealing any record
required to be maintained pursuant to this Act;

(p) Owning, maintaining or operating any hazardous or radioactive
waste disposal facility in a manner which permits any acts or
hazardous waste management practices in violation of standards or
rules and regulations issued pursuant to this Act;

Failing to notify the Department, the DOH and the PNRI of
hazardous or radioactive wastes activities pursuant to Section 6

@

hereof;

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

(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

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(t) Site preparation, construction, expansion or operation of TSDFs
without an ECC required pursuant to Presidential Decree No. 1586
and this Act.

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

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 provisions 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 (P 10,000.00) but
not more than One hundred thousand pesos (P 100,000.00) for every violation;
Provided, That for violation of Section 52 involving prohibited acts under
paragraphs (a), (9), (h), (i), (I), (p), (S) and (t) of the immediately preceding
section, the fine shall be imposed for every day of violation.

For purposes of the application of 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 noncompliance 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; Provided, That 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 this
Act or its rules and regulations are undertaken. This paragraph shall be without
Prejudice to the issuance of an ex parte order for such closure, suspension of

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development or construction, or cessation of operations during the pendency of
the case; Provided, further, That if the prohibited act undertaken shall require
cleanup 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.

In case of gross violation of this Act, the PAB shall issue a resolution
recommending that the proper government agencies file criminal charges against
the violators. Gross violation shall mean any of the following:
(a) Deliberate disposal of hazardous or radioactive wastes without the
required permit issued pursuant to this Act;
(b) Three (3) or more violations revered to in paragraphs (a), (d), (a),
(K), (I) and (m) of Section 50 hereof within a period of two (2)
years; or

(©

Blatant disregard of the orders of the PAB, such as the
nonpayment of fines, breaking of seals or operation of the source
of pollution despite the existence 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 which case, offenders shall be punished a fine of
not less than One hundred thousand pesos (P 100,000.00) but not
more than Three million pesos (P 3,000,000.00) 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 the TSDFs who violated the post-closure
requirements issued pursuant to Section 15 hereof shall be banned from setting

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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 proceedings. The
fines herein prescribed shall be reviewed and revised, whenever necessary, every

three (3) years to compensate for inflation and to maintain the deterrent
functions 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 Republic Act No. 7160 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, the DOH and
the PNRI shall, on its own instances or upon verified complaint by any person,
institute administrative and civil proceedings against any person who violates:

(a) Standards or limitations provided under this Act; or
(b) Any order, rule or regulation issued by the Department, the DOH,
or the PNRI with respect to such standard or limitation.

Sec. 54. Citizen Suits. - 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

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(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; Provided, however, That no
suit can be filed until after a thirty (30)-day 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 action 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 a 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 a suit is brought against a
person who filed an action as provided for in Section 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 attorney's fees and double damages. This provision
shall also apply and benefit public officer who are sued for acts committed in

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their official capacity, there being no grave abuse of authority, and done in the
course of enforcing this Act.

CHAPTER XI
MISCELLANEOUS PROVISIONS

Sec, 56. Mandatory Public Hearings. - Mandatory public hearings for the
Framework shall be undertaken in accordance with the process to be formulated
by the Department.

Sec. 57. Research on Hazardous and Radioactive Wastes Management. ~
The Department, after consultations with the cooperating agencies, shall
encourage, cooperate with and render 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 wastes 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;

(0)

the operation and financing of hazardous and radioactive wastes
disposal programs;
©)

the planning, implementation and operation of resource recovery
and resource conservation systems;
()

the production of usable forms of recovered resources, including
fuel from hazardous wastes;
1

the development and application of new and improved methods of
collecting, separating and disposing of hazardous and radioactive
wastes and processing and recovering materials and energy from
hazardous and radioactive wastes;

(f)_ cleaner production technologies;

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(g) improvements in land disposal practices for hazardous and
radioactive wastes; and

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

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

Sec. 58. Public Education and Information. - The Department, the PNRI
and the DOH, in coordination with the Department of Education (DepEd), the
Technical Education and Skills Development Authority (TESDA), the Commission
on Higher Education (CHED), the DILG, the Philippine Information Agency (PIA)
and the LGUs, shall conduct a continuing education and information campaign on
hazardous and radioactive wastes 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 hazardous and radioactive wastes
management; and

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

Sec. 59. Environment Education in the Formal and Non-Formal Sectors. —
The national government, through the DepEd and in coordination with concerned
government agencies, NGOs and private institutions, shall strengthen the

integration of environmental concerns in school curricula at all levels, with

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particular emphasis on hazardous and radioactive wastes management principles
in order to promote environmental awareness and action among the citizenry.

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

CHAPTER XII
FINAL PROVISIONS

Sec. 61. Appropriations. - The Secretaries of the DENR, the DOH and the
DOST shall include in their programs the implementation of this Act, the funding
of which shall be included in the annual General Appropriations Act.

In addition, the departments concerned may accept donations, contributions,
grants, bequests or gifts, in cash or in kind, from various sources, domestic or
foreign, 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 the recommendation of the Secretary of
Foreign Affairs.

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Receipts from donations 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, the DOH and the PNRI, in
coordination with Committees on Environment and Ecology of the Senate and
the House of Representatives, 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 wastes management consistent with this Act shall supplement the
rules and regulations issued by the DENR, the PNRI and the DOH pursuant to the
provisions of this Act.

There shall be a mandatory review of the implementing rules and regulations
and 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. Fines, Damages and Penalties. - Pending the establishment of
the Framework under Section 8 hereof and the promulgation of the
implementing rules and regulations of this Act, pertinent existing laws,

regulations, programs and projects on hazardous and radioactive wastes

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Management shall be enforced; Provided, That for specific undertaking, the
same may be revised in the interim in accordance with the intentions of this Act.

Sec. 65. Report to Congress. - The Department shall report to Congress
ot later than March 30 of every year following the approval of this Act, detailed
account of its accomplishments and progress on hazardous and radioactive
wastes management during the year and make the necessary recommendations
in areas where there is a need for legislative action.

Sec. 66. Separability Clause. - If any provision of this Act or the
application of such provision to any person or circumstance is declared
unconstitutional, the remainder of this Act or the application of such provision to
other persons of circumstances shall not be affected by such declaration.

Sec. 67. Repealing 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 partly modified. All laws, decrees, issuances, rules and regulations
Or parts thereof 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 in at least two (2) newspapers of general circulation.

Approved,

$1