HeUst. OF ATIV
RECEINVID

SEVENTEENTH CONGRESS J
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

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House BillNo.__ 940 | 51

Introduced by Representative Victor A. Yap

EXPLANATORY NOTE

It is the policy of the 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. Further, as a state party to the Basel Convention, the Philippines is fully
committed to:

(a) Ensure that the generation of hazardous wastes and other wastes within it is
reduced to a minimum, taking into account social, technological and economic
aspects; and to .

(b) Ensure the availability of adequate disposal facilities, for the environmentally
sound management of hazardous wastes and other wastes, that shall be located, to
the extent possible, within it, whatever the place of their disposal.

Our existing legal framework has significant legal gaps in it that require redress. Presently,
under Republic Act 6969, also known as the “Toxic Substances and Hazardous and Nuclear Wastes
Control Act of 1990”- the law fails to cover the gamut of issues beyond prohibition of entry. Likewise,
Republic Act 9003, the “Solid Waste Management Act” fails to adequately cover “Medical Waste”
which is generally hazardous to humans. Resultantly, cases involving the aforementioned hazardous
wastes cannot properly be prosecuted.

In the most recent incident, a Canadian company, in conspiracy with a Filipino one brought
Canadian garbage in the guise of recyclables to our shores. The situation highlighted the vulnerabilities
in our legal policies as well as raising issues on implementation.

‘This Bill seeks to close the gaps to make sure that waste is subject to proper treatment to avoid
dangers to the public at large. Further, this bill will provide the necessary guidelines for the proper
handling, treatment and tracking of waste. Finally, it will provide additional sanctions and penalties for
violators.

In view of the foregoing, the early passage of this bill is sought.

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VICTO!
Representative, 24! District of Tarlac


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SEVENTEENTH CONGRESS )

OF THE REPUBLIC OF THE PHILIPPINES )

First Regular Session )
HOUSE OF REPRESENTATIVES

House BillNo,__ 940

Introduced by Representative Victor A. Yap

AN ACT
PROVIDING FOR A COMPREHENSIVE HAZARDOUS AND RADIOACTIVE WASTES
MANAGEMENT AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I

GENERAL PROVISIONS

SECTION 1. Title. — This Act shall be known as the “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:

(@) Develop and implement national and local integrated and comprehensive hazardous and
radioactive wastes management programs focusing on pollution prevention and resource
conservation and recovery, which shall:

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

2) Promote environmentally safe disposal of residues;

G) Minimize the generation of wastes by encouraging cleaner production, process substitution,
resource recovery, recycling and reuse, and treatment; and

(4) Institutionalize public participation in the development and implementation of hazardous and
radioactive programs;

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

(© Prohibit and/or restrict the entry, even in transit, of hazardous and radioactive wastes into
Philippine territorial limits for whatever purpose, consistent with multilateral international
agreements and protocols;

(@) Promote a national research and development program for imptoved hazardous and radioactive
wastes management and resource conservation techniques;


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

( Promote international environmental standards on waste management; and

(@) Strengthen the integration of hazardous and radioactive wastes management and resource
conservation and recovery topics into the academic curricula of formal and nonformal education in
order to promote environmental awareness and action among the citizenry.

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

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

(a) Abandoned underground mines refer to worked out mineral mines with deep shafts below the
ground surface;

(©) Best Available Techniques (BAT) refer to any technology that shall take into consideration the
costs and benefits of a measure as well as the precaution and prevention including, but not limited
to:

(1) The nature, effects and mass of releases concerned;
2) The consumption and use of raw materials in the process and its energy efficiency;

@) The need to prevent or reduce to a minimum the overall impact of releases to the environment;
and

(4) The need to 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 and the technological advances and changes in scientific knowledge and understanding;

@ Borehole facilities refer to those that entail the emplacement of solid radioactive waste in an
engineered facility of relatively narrow diameter, bored and operated direct from the surface. These
cover a range of design concepts with depths ranging from a few metets up to several hundred
meters and its diameters can vary from a few tens of centimeters up to more than one meter;

(© Contaminated site refers to a place or spot where the soil quality exceeds the soil standards set
pursuant to Section 16 hereof

(D Corrective action refers to the steps taken to assess, prioritize and clean up hazardous and
radioactive wastes from treatment, storage and disposal facilities (TSDFs) and/or contaminated sites
in order to protect health and the environment;

@ Cottosivity refers to a state where the waste has one of the following characteristics and
properties:

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

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


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(b) Deep injection well refers to 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;

@ Disposal refers to the discharge, deposit, injection, dumping, spilling, leaking or placing of any
hazardous and radioactive wastes into or on any land or water so that these wastes or any
constituent thereof may enter the environment or be emitted into the air or discharged into any
waters, including ground waters;

@ Generation refers to the act or process of producing hazardous and radioactive wastes;

Generator refers to a person, natural or juridical, who produces hazardous and radioactive
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wastes;

@ Geological repository refers to the isolation of high level radioactive waste using a system of
engineered and natural bastiers at depths up to several hundred meters in a geologically stable
formation;

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

(n) Hazardous and radioactive wastes management refers to the systematic administration of
activities which provide for the identification, listing, collection, segregation, storage, transport,
recovery, reuse, processing, reprocessing, treatment and disposal of hazardous and radioactive
wastes;

(©) Healthcare waste refers to total waste stream originating from minot or scattered sources ot
healthcare units that is generated or produced as a result of the following activities: diagnosis,
treatment or immunization of human beings or animals; research pertaining to the above activities;
and production or testing of biologicals;

(®) Ignitability refers to the characteristic of hazardous wastes that could cause a fire during
transport, storage or disposal. Waste matter exhibits the characteristic of ignitability if a sample
thereof has any of the following properties:

(1) Itis a liquid matter that has a flash point less than 60°C (140°F);

2) Itis not a liquid matter and is capable, under standard temperature and pressure, of causing fire
through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns
so vigorously and persistently that it creates a hazards

(3) Itis an ignitable gas; or
(4) Itis an oxidizer;

@ Injection zone refers to a geological formation, group of formations ot a part of a formation
located below the underground source of potable water, and which receives waste fluids or solids
through a deep injection well;

@ International environmental standards refer to the requirements or standards under existing
international environmental agreements to which the Philippines is a party;

(9 Sanitary landfill refers to a waste disposal site designed, constructed, operated and maintained in a
manner that exerts engineering control over significant potential environmental impacts arising from
the development and operation of the facility;


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

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

(*) Level 1 hospital refers to an emergency hospital that provides:

(1) Initial clinical care and management to patients requiring immediate treatment as well as primary
care on prevalent diseases in the locality;

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

3) General administrative services that may provide certain ancillary services, including primary
clinical laboratory, first level radiology services and pharmacy services; and

(4) Nursing cate for patients who require minimal category of supervised cate for twenty-four (24)
hours or longer;

(w) Level 2 hospital refers to a nondepartmentalized hospital that provides:

(1) Clinical care and management on the prevalent diseases in the locali

2 Clinical services that include general medicine, pediatrics, obstetrics and gynecology, surgery and
anesthesia;

@) Appropriate administrative and certain ancillary services, including secondary clinical laboratory,
first level radiology services and pharmacy services; 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;

(®) Level 3 hospital refers to a departmentalized hospital that provides:

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

(2) Clinical services provided in the Level 2 hospital as well as specialty clinical care;

(3) Appropriate administrative and certain ancillary services, including tertiary clinical laboratory,
second level radiology services and pharmacy services; and

(4) Nursing care provided in the Level 2 hospital as well as total and intensive skilled care;

(9) 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 the prevalent diseases in the locality as well as specialized and
subspecialized forms of treatment, surgical procedure, and intensive care;

(2) Clinical services provided in the Level 3 hospital as well as subspecialty clinical care;

@) Appropriate administrative and certain ancillary services, including tertiaty clinical laboratory,
third level radiology services and pharmacy services; and


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(4) Nursing care provided in the Level 3 hospital as well as continuous and highly specialized critical
care;

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

(2a) Military munitions refer to all types of both conventional and chemical ammunition products
and their components produced by or fot 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);

(bb) Near surface facilities refer to the disposal site of radioactive waste with or without engineered
barrier on or below ground surface where the final protective covering is of the order of a few
meters thick or in caverns a few tens of meters below the earth’s surface;

(cc) On-site treatment facilities refer to facilities of generators who treat their own hazardous and
radioactive wastes, either by themselves or through a service provider, inside their facilities in
compliance with waste acceptance criteria promulgated by the DENR, the Department of Health
(DOH) and the PNRI;

(dd) Open burning refers to the destruction of wastes by means of direct exposure to fire;

(ce) Person(s) refers to any being, natural or juridical, susceptible of rights and obligations, or of
being the subject of legal relations;

(@ Radioactive wastes refer to waste materials that contain or are contaminated with radionuclides
at concentrations or activities greater than clearance levels as established by the PNRI;

(gg) Reactivity refers to the state of a waste, or a representative sample of the waste, exhibiting any
of the following properties:

(1) Itis 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;

@) It is a cyanide- or sulfide-bearing waste which, when exposed to pH conditions between 2 and
12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human
health or the environment,

(©) It is capable of detonation or explosive reaction if subjected to a strong initiating source or if
reacted under confinement; or

( It is readily capable of detonation or explosive decomposition ot reaction at standard
temperature and pressure;

(hh) Resource recovery refers to the collection, extraction or recovery of recyclable materials from
the waste stream for the purpose of recycling, generating energy or producing a product suitable for
beneficial use;


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Gi) Segregation refers to a waste 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
waste for collection and disposal. This also refers to separating radioactive wastes according to level
of activity, physical form and half-life;

i) Special hazardous wastes refer to substances discarded from households consisting of consumer
or industrial goods or products which become hazardous at the end of their useful life by virtue of
their hazardous content which may be released to the environment upon indiscriminate disposals

(Kk) Storage refers to the containment of hazatdous and radioactive wastes, either on a temporary
basis o for a period of years, consistent with the guidelines as prescribed by the DENR and in such
a manner as not to constitute the disposal of such wastes;

() Surface impoundments refer to pits, ponds, lagoons and dike areas that are either natural
topographic depression or man-made excavations that are primatily of earthen materials, These are
designed and constructed to hold or store and treat liquid waste or waste containing free liquids
through processes such as evaporation, cooling, aeration, photo decomposition, and settling;

(mm) Toxicity refers to the degree of danger posed by a substance to humans or animals due to its
acute lethality, chronic and subchronic toxicity, carcinogenicity, teratogenicity or mutagenicity,
among others;

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

(00) Waste acceptance criteria refers to a list of parameters which describes the minimum
characteristics which the waste should possess before it is accepted in a TSDF.

CHAPTER II
MANAGEMENT SYSTEM

SEC. 5. Identification and Listing of Hazardous Wastes. — Within six (6) months from the
effectivity of this Act, the DENR shall, after notice and public consultation, develop, formulate and
publish criteria for identifying and listing the characteristics of hazardous wastes, taking into
account, but not limited to, toxicity, persistence, reactivity and degradability in nature, potential for
accumulation in tissue and other related factors. The criteria shall be reviewed and revised every four
(A) years thereafter, ot as the need atises: Provided, That within six (6) months from the effectivity
of this Act, the DENR, in coordination with the Department of the Interior and Local Government
(DILG), after public consultation, shall formulate criteria for identifying and listing the categories of
hazardous wastes to be regulated, taking into account, but not 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 DENR, 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 DENR, in
coordination with the DOH, the PNRI, and other concerned agencies, shall, within six (6) months
after the formulation of the criteria for identifying and listing of hazardous and radioactive wastes
Pursuant to this Act, prepare a National Hazardous and Radioactive 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 as provided in Section 8 of this Act. The report shall include, but not
limited to, the following:

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

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

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

(@ Listing of TSDFs, including transporters of hazardous and radioactive wastes; and
(© 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 DENR, 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:

(@) Strategies and techniques for hazardous and radioactive wastes control;
(©) Proper transport, treatment, storage and disposal systems of hazardous and radioactive wastes;
(© Goals and targets for waste reduction;

@ Period of compliance for waste reduction;

(© Information and education campaign;

() Human resources development; and

@ 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.

SEC. 9. Use of BAT and BEP in Hazardous and Radioactive Wastes Management, —
Generators and owners of TSDFs are required to use BAT/BEP in hazardous and radioactive
wastes management. The DENR, in coordination with the Inter-Agency Technical Advisory Council
(ATAC) 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.

SEC. 10. Requirements for Generators of Hazardous and Radioactive Wastes. — Within six (6)
months after the effectivity of this Act, the DENR, the DOH, and the PNRI shall establish
requirements for generators of hazardous and radioactive wastes. 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 wastes. The requirements
shall include, but not limited to, the following:

(@) Recordkeeping practices that accurately identify the quantities of such hazardous and radioactive
wastes generated, the constituent of which are significant in quantity ot are potentially harmful to
human health or the environment, and the disposition of such wastes;


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

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

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

(©) 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 ot
disposal of such wastes;

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

(@ The waste generator of radioactive wastes shall secure an authority from the PNRI 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 DENR, in coordination with the DOH,
the PNRI, and the Department of Transportation and Communications (DOTC), shall establish
requirements applicable to transporters of hazardous and radioactive wastes necessary to protect
human health and the environment. These requirements shall include, but not limited to, the
following:

(@) Recordkeeping of such wastes transported, their source and delivery points;
(©) Use of carriers duly registered with the DOTC;
(© Transport of wastes only if properly labeled;

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

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

( Coordination with other concerned government agencies in the event that the transport of such
hazardous and radioactive wastes to designated TSDFs requires security escort or police
protection /assistance.

SEC. 12, Requirements Applicable to Owners of Hazardous and Radioactive Wastes TSDFs.
— Within six (6) months after the effectivity of this Act, the DENR, in coordination with the DOH
and the PNRI, shall establish requirements applicable to owners of TSDFs of hazardous and
radioactive wastes: Provided, That the DENR, 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. These requirements shall include, but not limited to, the following:

(@) Performance standard for the design, construction, operation, maintenance and monitoring of
the facility;

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


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(©) Requirements and standards for the closure, decommissioning and post-closure cate, monitoring
and maintenance and use of the facility;

(@) Waste acceptance requirements and procedures, approved by the DENR, the DOH and the
PNRI, for different types of hazardous and radioactive wastes packages; and

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

SEC. 13. Categories of TSDFs for Hazardous and Radioactive Wastes. — Within six (6)
months after the effectivity of this Act, the DENR shall formulate specific, relevant and appropriate
ctiteria for waste acceptance and standards for TSDFs identified hereunder: Provided, however,
That the DENR shall revise, as the need arises, the regulations, standards and guidelines applicable
to the categories listed hereunder, taking into account the improvements in the technology of
control and measurement. ‘The categories of TSDFs are as follows:

(@) Facilities that conduct on-site treatment and disposal of hazardous wastes generated or produced
at the premises for noncommercial purposes. The DENR shall encourage on-site treatment of
hazardous wastes by, among other things, providing for incentives: Provided, That generators who
undertake partial treatment of wastes shall not be considered as on-site facility;

(b) Hazardous waste thermal treatment facilities. TSDFs in this category are facilities that conduct
treatment of hazardous wastes employing thermal technologies;

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

(1) The long-term uncertainties associated with land disposal;
(2) The goal of managing hazardous wastes in an appropriate manner in the first instance; and

@) The persistence, toxicity, mobility and propensity to bioaccumulate of such hazardous wastes and
their hazardous constituents.

For this purpose, the disposal of hazardous wastes in landfills shall ensure no migration of
hazardous constituents of the wastes. The disposal in landfills of wastes containing hazardous
solvents, pesticides and polycyclic hydrocarbons as determined by the DENR, after public
consultation, are prohibited.

Within six (6) months from the preparation of the status report, the DENR shall review, classify and
rank, subject to public consultations, all hazardous wastes listed pursuant to this Act other than
those wastes which are referred to in paragraph 3 of this category or deep injection wells, Within
twelve (12) months thereafter, the DENR, when necessary, shall promulgate regulations prohibiting
disposal in landfills of such hazardous wastes listed and ranked: Provided, That the DENR 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;

(d) Facilities that recycle or reprocess hazardous wastes which are not generated or produced at the
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premises.

The DENR, in coordination with the Department of Science and Technology (DOST), shall
promulgate standards for this category of TSDFs. Facilities in this category ate those that receive


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off-site treatment of hazardous wastes and recover valuable materials from hazardous wastes, use
hazardous wastes as input materials or fuel for production, or produce compost by biological
treatment of hazardous wastes. It also includes, but not limited to, recyclers of used lead-acid
batteries, precious and non-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
hazardous wastes in order to dispose of them into landfills;

( Facilities that store hazardous and radioactive wastes which are not generated or produced at the
premises within allowable petiod. The storage of any hazardous and radioactive waste is prohibited,
unless such storage is solely for the purpose of consolidation prior to proper recovery, treatment or
disposal but shall not be longer than what is prescribed by the DENR; and

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

SEC. 14, Closure Plan. — ‘The owner of 2 TSDF shall submit a closure plan, including the funds
and human resources necessary for the same, subject to the review and approval of the DENR.

SEC. 15. Post-Closure of Facility. — The owner of a TSDF must close the facility upon the
termination of its operation and shall, after such closure, provide for its protection during the post-
closure care period, in accordance with the requirements of the DENR and the closure plan and
shall provide the funds and human resources necessary for the monitoring, repair or maintenance of
the facility during the period. The owner shall maintain a hazardous waste facility permit for the
post-closure care period pursuant to Chapter VII hereof.

SEC. 16. Formulation of Soil and Sediment Quality Guidelines for Identification of
Contaminated Sites. — Within six (6) months from the effectivity of this Act, the DENR, in
coordination with other relevant government agencies, shall formulate soil and sediment quality
guidelines which shall be used to determine contaminated sites.

SEC. 17. Registry of Contaminated Sites. — ‘The DENR shall maintain a registry of contaminated
sites in the country: Provided, That the DENR shall take all necessary actions to ensure that the
registry provides a complete listing of the exact locations of all sites and the types of contamination
found thereat: Provided, further, That in developing and maintaining the registry, the DENR shall
assess, based upon new information received, the relative priority of the need for action at each site
to institute remedial environmental activities and mitigate adverse health impacts resulting from the
presence of hazardous and radioactive wastes at such sites.

SEC. 18. Import of Hazardous and Radioactive Wastes. - The DENR and the PNRI shall
promulgate the rules and regulations on the import of hazardous and radioactive wastes consistent
with relevant multilateral international agreements and protocols.

SEC. 19. Market-Based Instruments, — Within six (6) months from the effectivity of this Act, the
DENR shall, in coordination with the manufacturers of commercial or industrial products, identify
and implement market-based instruments including extended producer responsibility, buy-back
program, responsible care and products stewardship programs that shall promote cleaner
production, waste minimization and resource recovery: Provided, That the DENR shall identify and
list products that shall be covered by such programs.

CHAPTER IIL
RADIOACTIVE WASTES

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SEC. 20. Listing of Radioactive Wastes. — Within six (6) months from the effectivity of this Act,
the DOST and the PNRI, in coordination with the DENR, after public consultation, shall formulate
and publish the criteria for identifying and listing the types of radioactive wastes to be monitored
and regulated.

SEC. 21. Classification of Radioactive Wastes. ~The PNRI shall establish the waste classification
system based on internationally acceptable guidelines. The classification system shall be based
primarily on the safety aspects of radioactive wastes disposal: Provided, That other stages of
radioactive wastes management may also be developed by the PNRI.

SEC. 22. Management of Radioactive Wastes. ~ Pursuant to Sections 10, 11 and 12 hereof, the
PNRI shall promulgate the rules and regulations on radioactive wastes management. The rules and
regulations shall be based on the BAT to limit the outflow of radioactive substances to the
environment, taking into account the benefits as well as the cost of the measures to be undertaken.
The measures shall be both technically and economically feasible: Provided, That the rules and
regulations may be based on, but not limited to, the following methods of radioactive wastes
management:

(@) Dilute and Disperse — Radioactive waste with activity level that may be disposed of as ordinary
waste into the sewer sanitary landfills;

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

(©) Characterization, Segregation, Treatment, Conditioning, Transport, Storage and Disposal —
Management of radioactive waste containing long-lived radionuclides, including disused sealed
sources, and other wastes that cannot be managed under subsections (a) and (b) of this section.

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

SEC. 23. 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. 24. Site Requirements and Selection Criteria. — The PNRI shall develop and promulgate
the genetic site requirements for locating a final repository for radioactive wastes.

SEC. 25. Safety Assessment. — The PNRI shall develop and promulgate the ctiteria and
regulations on the performance requirements and safety assessment of TSDFs: Provided, That the
safety assessment shall, among others, address both radiological and nonradiological risks: Provided,
farther, That nonradiological environmental impact assessment shall be carried out in accordance
with relevant environmental laws.

SEC. 26, Emergency Preparedness. - The PNRI shall promulgate the requirements and
guidelines on the formulation of emergency plans commensurate to the seriousness of the accidents
that may occur at the TSDFs.

SEC. 27. Security. — The PNRI shall promulgate the guidelines on security arrangements to be put
in place to ensure that radioactive waste is not accidentally or deliberately removed from its proper
location. Particular attention shall be given to materials of intrinsic value that could pose a serious
threat to human health and the environment if control is lost.

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CHAPTER IV
HAZARDOUS HEALTHCARE WASTES

SEC. 28. Listing of Hazardous Healthcare Wastes. — Within six (6) months from the effectivity
of this Act, the DOH, in coordination with the DENR and the DILG, after public consultation,
shall formulate the 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 limited to, the presence of infectious agents, toxicity, reactivity, ignitability and corrosivity.

SEC. 29. Management of Hazardous Healthcare Wastes in Hospitals and Other Healthcare
Facilities. — Pursuant to Sections 10, 11 and 12 hereof, the DOH shall promulgate the rules and
regulations on the effective management of hazardous healthcare wastes in hospitals and other
healthcare facilities. The rules and regulations shall include, but not limited to, the following:

(@) Hospitals and other healthcare facilities shall practice ot implement waste minimization and
segregation at source;

(©) 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;

(@ 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 DENR, healthcare facilities with capacity to manage hazardous
healthcare wastes on-site may also treat for a fee the hazardous healthcare wastes generated by other
healthcare facilities: Provided, That for the off-site treatment requirements of storage and disposal
of such wastes, guidelines for facilities under paragraphs (b) to (f) of Section 13 of this Act shall
apply: Provided, finally, That in the case of treatment of radioactive healthcare wastes, approval of
the PNRI shall be secured;

(@ For hazardous healthcare liquid wastes, all healthcare facilities shall provide wastewater treatment,
facilities and comply with the effluent standards set by the DENR. The treatment and disposal of
sludge shall conform to the provisions of this Act; and

(h) To ensure the proper management of hazardous healthcare wastes, a Committee on Hazardous
Healthcare Waste Management may be created in all healthcare facilities: Provided, That in all Level
1, Level 2, Level 3 and Level 4 hospitals, the creation of this committee shall be mandatory. The
committee shall also develop an emergency plan to ensure 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. 30. Collection of Special Hazardous Wastes. ~ The local government units (LGUs) shall
be responsible for the collection of special hazardous wastes, as listed by the DENR in accordance
with Section 5 hereof, from persons and households: Provided, That the LGUs may enter into
agreement with entities duly accredited by the DENR for the collection of special hazardous wastes.

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SEC. 31. Market-Based Instruments (MBIs) for Special Hazardous Wastes. — ‘The LGUs shall
enact appropriate ordinances implementing MBIs such as responsible care, extended producer
responsibility or product stewardship program that shall include, but not limited to, take-back or
return-to-supplier schemes that shall promote waste minimization and resource recovery.

SEC. 32. Transport, Treatment, Storage and Disposal of Special Hazardous Wastes. — Upon
collection of special hazardous wastes by the LGUs pursuant to Section 30 hereof, the transport,
treatment, storage and disposal of special hazardous wastes shall be regulated in accordance with this
Act.

CHAPTER VI
INSTITUTIONAL MECHANISM

SEC. 33. Lead Agency. ~ The DENR shall be the primary government agency responsible for the
implementation and enforcement of this Act, including in Philippine Economic Zone Authority
(PEZA) areas, special economic and freeport zone areas, and Board of Investments (BOD) areas
unless otherwise provided herein. As such, it shall have the following functions, powers and
responsibilities:

(@) Prepare a National Hazardous and Radioactive Wastes Report;
(b) Prepare a National Hazardous and Radioactive Wastes Management Framework;

(©) Develop and promulgate criteria for identifying and listing the characteristics of hazardous and
radioactive wastes;

(@ Establish, enforce, review and revise standards for generators of hazardous and radioactive
wastes;

(© Establish, enforce, review and revise standards for transporters of hazardous and radioactive

wastes;

(© Establish, enforce, review and revise standards applicable to owners and operators of facilities for
the treatment, storage and disposal of hazardous and radioactive wastes;

(2) 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 applications for and issue permits and licenses pursuant to this Act;

@ 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;

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

(W) Develop and implement programs to achieve goals and objectives set under this A.

@ 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;

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

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

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

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

(@ Formulate and undertake the appropriate protocol with other concerned agencies for immediate
coordinated responses to hazardous and radioactive wastes-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

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

SEC. 34, Role of the DOH. — The DOH shall be primarily responsible in performing the following
duties and responsibilities:

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

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

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

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

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

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

(Q) Develop and promulgate the rules and regulations on the radioactive wastes management
pursuant to Section 22 hereof,

@ Formulate specific, relevant and appropriate waste acceptance ctiteria for transporters and
‘TSDF of radioactive wastes pursuant to Section 23 hereof,

(©) 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. 36. Role of LGUs. — The LGUs shall perform the following duties and responsibilities:

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(@) Shate the responsibility for the implementation, enforcement and monitoring of the provisions
of this Act within their territorial jurisdiction such as the registration and compliance monitoring of
generators, transports and TSDFs;

(b) Prepare a compliance scheme in accordance with their special hazardous wastes management
program;
(©) Ensure the proper segregation and collection of special hazardous wastes;

(@ Develop government and community preparedness and responsiveness for emergencies arising
from hazardous and radioactive wastes;

(©) Participate in all efforts concerning hazardous and radioactive wastes management; and
( Enact appropriate ordinances to implement the LGUs’ role in this Act.

SEC. 37. Inter-Agency Technical Advisory Council (IATAC). ~ For purposes of policy
integration and harmonization and coordination of functions, there is hereby created an Inter-
Agency Technical Advisory Council ([ATAC) which shall be attached to the DENR and which shall
be composed of the following officials or their duly authorized representatives:

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

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

(@ Secretary of Agriculture;

(©) Secretary of Finance;

(f Secretary of Trade and Industry;

(® Sectetary of National Defense;

(h) Secretary of Foreign Affairs;

(@ Secretary of Transportation and Communications;

@) President of the League of Cities;

(President of the League of Municipalities
() President of the League of Provinces;
(m) President of the League of Barangays;
(a) Director General of the PEZA;

(0) Representative from civil society organizations;
(p) Representative from the industry;

(@ Representative from TSDF operators; and

(© Representative from the academe.

The IATAC shall perform the following functions, among others:

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

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

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

SEC. 38. The IATAC Technical Working Group. — The IATAC shall be supported by a
technical working group ([WG) which shall be composed of representatives from the following
agencies and institutions:

(@) Environmental Management Bureau (EMB) of the DENR;
(b) Environmental and Occupational Health Office of the DOH;
(© PNRI of the DOST;

(@ Industrial Technology Development Institute of the DOST;
(© Bureau of Health Facilities and Services of the DOH;

( Bureau of Soil and Water Management of the Department of
Agriculture (DA);

(@ Fertilizer and Pesticide Authority of the DA;

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

@ Bureau of International Trade Relations of the DTI;

() BOI of the DTI;

(& Bureau of Import Services of the DTI;

@ DND;

(m) Land Transportation Office (LTO) of the DOTC;

(a) Occupational Health and Safety Center of the Department of Labor and Employment (DOLE);
(©) Philippine Coast Guard;

(p) Civil society organizations;

@ Industry; and

(® Academe.

The TWG shall provide technical support to the IATAC. Representatives of civil society
organizations, industry and the academe shall be nominated through a process designed by the
IATAC.

SEC. 39. Linkage Mechanism. - The DENR and its concerned agencies may coordinate and enter
into agreement with other government agencies, civil society, industrial sector and other concerned

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sectors in the furtherance of the policies of this Act: Provided, That the DENR shall coordinate
with the DILG and the Philippine National Police (PNP) in the enforcement of the requirements
for transporters issued pursuant to this Act.

SEC. 40. Visitorial Powers. — The DENR, 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 Secretaries of the DENR and the DOH and
the Director of the PNRI or their authorized representatives shall likewise have the right to enter the
premises of any generator, transporter or TSDF any time to question any employee ot 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 VIL
PERMITS AND FEES

SEC. 41. Permits for Treatment, Storage or Disposal of Hazardous and Radioactive Wastes.

@) Any person owning an existing or a new TSDF for hazardous or radioactive wastes identified or
listed pursuant to this Act is required to secure a permit or license pursuant to this section. The
DENR and the PNRI shall prescribe reasonable fees for the issuance of the said permit ot 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 DENR and the PNRI may issue a permit of license
with a validity of five (5) years to a TSDF which has satisfactorily complied with the rules and
regulations issued pursuant to this Act for the first three (3) years of operation: Provided, That an
annual audit shall be conducted by a multidisciplinary body constituted and authorized by the
IATAC created pursuant hereof.

(©) Permit Modification, Suspension and Revocation - The DENR and the PNRI shall modify,
suspend and revoke such permit upon a determination of noncompliance by a TSDF with the
relevant provisions of this Act or the terms and conditions of the permit.

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

SEC. 42, Hazardous and Radioactive Wastes Transporter License. —

(@) Any person transporting any hazardous and radioactive waste is required to secure a waste
transporter license from the DENR, subject to payment of a reasonable fee.

(b) Duration of License — A waste transporter license shall be valid for a period of one (1) year.

(©) License Modification, Suspension and Revocation - The DENR 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.

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A license is not required for the transport of any hazardous or radioactive waste on the premises
where it is generated or onto a property owned by the generator thereof located within a one (1)
kilometer radius from said premises or within the same industrial estate: Provided, That the DENR
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 DENR and the PNRI from inspecting unlicensed
hazardous waste transporting equipment and requiring that it be adequate to provide protection to
human health and the environment.

SEC. 43. Hazardous Waste Disposal Fee. — All hazardous waste disposal facilities shall collect,
on behalf of the government, from each hazardous waste generator or transporter disposing such
waste at the disposal site, a fee that shall accrue to the general fund. The fee shall be established by
the DENR, taking into consideration the followin;

(@ Strong economic inducement for generators to modify their production or management
processes;

(©) Cost of administering hazardous and radioactive wastes management;

(©) Cost of damages caused by hazardous and radioactive wastes on the surrounding environment,
including that of rehabilitation;

(@ Category of waste; and
(© Classification of waste.

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

CHAPTER VIII
FINANCING HAZARDOUS WASTES MANAGEMENT

SEC. 44. Financial Liability for Environmental Rehabilitation. — The DENR shall require
generators and owners of TSDFs to put up an Environmental Guarantee Fund (EGF) as part of the
Environmental Management Plan attached to the Environmental Compliance Certificate (ECC)
required pursuant to Presidential Decree No. 1586 and its implementing rules and regulations. The
EGF shall finance the needs of emergency response, cleanup or rehabilitation of areas that may be
damaged during the generation, transport, treatment, storage or disposal of hazardous and
radioactive wastes. Liability for damages shall continue even after the termination of the project and
until the lapse of a given period indicated in the ECC, as determined by the DENR.

‘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 DENR. 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 DENR
with evidence of availment of such instruments.

SEC. 45. Performance Bond. ~ Prior to the issuance of the required permit to operate, the DENR
shall require a transporter, owner of treatment/storage facility to post a performance bond. The
performance bond shall be forfeited in the event of abandonment of sites and/or nonperformance
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
pursuant to this Act.

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CHAPTER IX
INCENTIVES

SEC. 46. Rewards. — Rewards, monetary or otherwise, shall be provided to individuals, private
organizations and entities, including nongovernment organizations (NGOs) that have undertaken
outstanding and innovative projects, technologies, processes, and techniques, or activities for the
‘management of hazardous and radioactive wastes

SEC. 47. Incentives Scheme. — An incentive scheme is hereby provided for the purpose of
encouraging enterprises, private entities, LGUs and NGOs to develop ot undertake effective
hazardous and radioactive wastes management, or actively participate in any program geared towards
the promotion thereof, consistent with the objectives of this Act.

(@) Tax and Duty Exemption on Imported Capital Equipment — Within five (5) years after the
effectivity of this Act, registered enterprises, LGUs and NGOs shall enjoy tax- and duty-free
importation of machinery, equipment, technology, spate parts and specialized types of vehicles used
for the transport, processing, storage, and treatment of hazardous and radioactive wastes, including
cleaner production and waste minimization technologies: Provided, That the importation of such
machinery, equipment, technology, vehicles, and spare parts shall comply with the following
conditior

(1) These are not manufactured domestically in sufficient quantity, of comparable quality and at
reasonable prices;

(2) These are reasonably needed and will be used actually, directly and exclusively for the
abovementioned activities; and

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

(b) Exemption from Value-Added ‘Tax (VAT) on the Sale of Domestic Capital Equipment — Within
five (6) years from the effectivity of this Act, the sale of domestic capital equipment, including its
spare parts, to registered enterprises, LGUs and NGOs to be used for the processing, storage and
treatment of hazardous and radioactive wastes shall be exempted from the VAT imposed under the
National Internal Revenue Code of 1997, as amended: Provided, That the said incentive shall be
subject to the same conditions and prohibitions cited in the preceding paragraph.

(© Tax Exemption of Donations, Legacies and Gifts — All donations, legacies and gifts made by any
person or entity in favor of the registered enterprises, LGUs and NGOs, for the support and
maintenance of the program for effective hazardous and radioactive wastes management, shall be
exempt from the donor’s tax and such amount of donation shall be deductible ftom 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 Land Bank 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 extending financial services to individuals, enterprises ot

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private entities engaged in hazardous, radioactive, medical and special hazardous wastes
management.

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

( Tax Exemption on Hazardous Wastes Generated Within PEZA Areas, Freeports, and Other
Special Economic Zones — Hazardous waste materials generated within PEZA areas, freeports and
other special economic zones shall be allowed to be brought to the Philippine customs territory for
the sole intention of recycling and/or treatment and shall be exempted from the 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. 48. Generator’s Liability. — A generator is primarily responsible for the management of
hazardous and radioactive wastes until said wastes have been certified as properly treated ot
disposed by duly accredited TSDFs: Provided, That for wastes that are exported outside of the
country and treated and disposed in accordance with international agreements, the TSDFs in the
country of destination shall issue the certificate of treatment and disposal. All other environmental
service providers involved in the transport, treatment, storage and disposal of said wastes shall be
jointly and severally liable with the generator in the event of any adver
to the improper management of the wastes.

‘nvironmental impact due

SEC. 49. Prohibited Acts. — The following acts are prohibited:

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

(b) Undertaking 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 unsegregated or unsorted hazardous wastes;
(@ Operating a TSDF without permit issued pursuant to this Act;

(©) Transporting hazardous or radioactive wastes without the required permit ot license pursuant to
this Act;

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

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

(b) Establishment and operation of open and controlled dumps for hazardous ot radioactive wastes;

@ Transporting and dumping of collected hazardous or radioactive wastes in areas other than the
facilities prescribed under this Act;

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() Open burning of hazardous or radioactive wastes;

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

() Treating, storing or disposing of any hazardous or radioactive waste without permit or license to
do so pursuant hereof, or in knowing violation of any material condition or requirement of such
permit or license, or in violation of any standard promulgated pursuant to this Act;

(m) Making any false material statement, representation or certification in any 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 device or result therefrom
used, filed, maintained or required to be maintained under this Act;

(0) Generating, treating, storing, transporting, disposing of or handling any hazardous ot radioactive
waste and, 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 act or hazardous waste management practice in violation of standards or
rules and regulations issued pursuant to this Act;

@ Failing to notify the DENR, the DOH and the PNRI of hazardous or radioactive waste activities
pursuant to Section 6 hereof,

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

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

(® 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 waste” shall include special hazardous and
healthcare waste.

SEC. 50. Fines, Damages and Penalties. — Unless otherwise provided herein, any petson who
commits any of the prohibited acts provided in the immediately preceding section ot 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 of not less than fifty thousand pesos (P50,000.00) but not
more than one million pesos (P1,000,000.00) for every violation: Provided, That for violation of
Section 49 involving prohibited acts under paragraphs (a), (g), (h), (, @, (p), (6) and (1), the fine shall
be imposed for every day of violation.

For purposes of the application of the fines, the PAB shall, within one (1) year after the effectivity of
this Act, 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 teviewed and revised, whenever necessary, every three (3) years
to compensate for inflation and to maintain the deterrent function of such fines.

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

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:

@) Deliberate disposal of hazardous or radioactive wastes without the required permit issued
pursuant to this Act;

(b) Three (3) or more violations of paragraphs (2), (4), (€), (2), (K), @) and (m) of Section 49 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 ot
operation of the source of pollution despite the existence of an order for closure, discontinuance or
cessation of operation or the unjustified refusal for the entry or access to any premises of an
authorized DENR representative.

In these cases, the offender shall pay a fine of not less than five hundred thousand pesos
(P500,000.00) but not more than five million pesos (P5,000,000.00) and/or punished with
imprisonment of not less than three (3) years but not more than ten (10) years at the discretion of
the court. If the offender is a juridical person, the chief executive officer and the pollution control
officer or its equivalent shall suffer the penalty herein provided: Provided, That the officers and
incorporators of TSDFs who violated the post-closure requirements issued pursuant to Section 15
hereof shall be banned from setting up TSDFs and hazardous and radioactive wastes 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 function of such fines.

SEC. 51, 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 ot the “Local
Government Code of 1991” and Executive Order No. 292 or the “Administrative Code of 1987”
and other existing laws, rules and regulations.

SEC. 52. Administrative Action. — Without prejudice to the right of any affected person to file an
administrative action, the DENR, the DOH and the PNRI shall, at their instance or upon verified
complaint by any person, institute administrative and civil proceedings against any person who
violates:

(@) Standards or limitations provided under this Act; or

(b) Any order, rule or regulation issued by the DENR, the DOH or the PNRI with respect to such
standards or limitations.

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SEC. 53. Citizen Suit. — For purposes of enforcing the provisions of this Act or its implementing
rules and regulations, any citizen may file an appropriate civil, criminal or administrative action in the
proper courts or bodies against the following:

@ Any person who violates or fails to comply with the provisions of this Act ot its implementing
rrules and regulations; or

(b) The DENR 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, ot abuses his authority in
the performance of his duty, or, in any manner, improperly performs his duties under this Act or its
implementing rules and regulations: Provided, however, That no suit can be filed until after a thirty
(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 actions not
capable of pecuniary estimations, and shall, likewise, upon prima facie showing of the
nonenforcement 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 a complaint is malicious and/or
baseless and shall accordingly dismiss the action and award attorney’s fees and damages.

SEC. 54. 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 in Section 53 of this Act, or against any person, institution or government agency tasked to
implement this Act, it shall be the duty of the investigating prosecutor or the court, as the case may
be, to immediately make a determination not exceeding thirty (30) days whether the legal action has
been filed to harass, vex, exert undue pressure or stifle such legal recourses of the person
complaining of 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 officers who are sued for acts committed in theit
official capacity, there being no grave abuse of authority, and done in the course of enforcing this
Act.

CHAPTER XI
MISCELLANEOUS PROVISIONS

SEC. 55. Mandatory Public Hearings. - Mandatory public hearings for the formulation of the
Framework mandated under Section 8 hereof shall be undertaken in accordance with the process to
be determined by the DENR.

SEC. 56. Research on Hazardous and Radioactive Wastes Management. - The DENR shall,
after consultations with the concerned agencies, encourage 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:

@) Adverse effects on health as a result of the release into the environment of hazardous and
radioactive wastes, and methods to eliminate said effects or minimize the health risks;

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(b) The operation and financing of hazardous and radioactive wastes disposal programs;

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

(d) The production of usable forms of recovered resources, including fuel from hazardous waste;

(©) 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;

(® Cleaner production technologies;
(@ Improvements in land disposal practices for hazardous and radioactive wastes; and

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

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

SEC. 57. Public Education and Information. - The DENR, the DOH and the PNRI, in
coordination with the Department of Education (DepED), the Technical Education and Skills
Development Authority ([ESDA), 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:

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

(b) Focus on activities which are feasible and which will have the greatest impact on the hazardous
and radioactive wastes management; and

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

SEC. 58. Environmental Education in the Formal and Nonformal Sectors. — The national
government shall, through the DepED and in coordination with concerned government agencies,
NGOs and private institutions, strengthen the integration of environmental concerns in school
curricula at all levels, with particular emphasis on the principles underlying hazardous and
radioactive wastes management in order to promote environmental awareness and affirmative action
among the citizenry.

SEC. 59. Role of the Business and Industry. - The DENR, 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 innovative 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 radioactive wastes management practices

CHAPTER XII

FINAL PROVISIONS

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SEC. 60. Appropriations. — The Secretaries of the DENR, the DOH and the DOST shall include
in their respective programs the implementation of this Act, the funding of which shall be included
in the annual General Appropriations Act.

In addition, the Departments may accept donations, contributions, grants, bequests ot gifts, in cash
ot 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.

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

‘There shall be a mandatory review of the implementing rules and regulations and the standards set
pursuant to the provisions of this Act.

SEC. 62. Joint Congressional Oversight Committee. ~ In addition to its mandated functions, the
Joint Congressional Oversight Committee created under Republic Act No. 9003 or the “Ecological
Solid Waste Management Act of 2000” shall also monitor the implementation of this Act.

SEC. 63. Transitory Provision. — Pending the establishment of the Framework mandated under
Section 8 hereof and the promulgation of the implementing rules and regulations of this Act,
pertinent existing laws, regulations, programs and projects on hazardous and radioactive wastes
management shall be enforced: Provided, That for specific undertakings, these may be revised in the
interim in accordance with the intentions of this Act.

SEC. 64. Report to Congress. ~ ‘The DENR shall render to Congress not later than March 30 of
every year following the approval of this Act, a detailed report of its accomplishments and progress
on hazardous and radioactive wastes management during the year and shall submit the necessary
recommendations in areas requiring legislative action.

SEC. 65. Separability Clause. ~ If any provision of this Act or the application of such provision to
any person or circumstance is declared unconstitutional, the remainder of this Act or the application
of such provision to other persons or circumstances shall not be affected by such declaration.

SEC. 66. 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. 67. Effectivity. — This Act shall take effect fifteen (15) days after its publication in at least two
(2) newspapers of general circulation,

Approved,

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