HOUSC OF REPRESENT ATIES

RECE:
Republic of the Philippines Sai: 13: JUL 20;
HOUSE OF REPRESENTATIVE:
Quezon City, Metro Manila aiwe:__ 9-0
BY:
Seventeenth Congress
First Regular Session RECISTRATION UNIT

1528 BILLS AND INDEX SERVICE
HOUSE BILL NO.

Introduced by Honorable Alexandria P. Gonzales

EXPLANATORY NOTE

This bill seeks to provide for a comprehensive hazardous and radioactive waste
management, providing penalties for violations thereof, and for other purposes.

Ics the policy of the State to advance the protection of human health and the
environment from the potential risks of hazardous and radioactive waste within the
framework of sustainable development.

Towards this end there is a need for the establishment of a systematic administration
of activities which will provide for the identification, listing, collection, segregation, storage,
transport, recovery, reuse, processing, reprocessing, treatment and disposal of hazardous and
radioactive waste,

Records show that hazardous substances discarded from our commercial and
industrial establishments cause serious illnesses and pose danger to human lives and the
environment.

To combat this prevailing problem, there is a need to develop and implement a
comprehensive hazardous and radioactive waste management program. Hence, the approval
of this bill is earnestly recommended.

ALEXAND! P. GONZALES



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

Seventeenth Congress
First Regular Session

5298
House BILNO. 1928

Introduced by Honorable Alexandria P. Gonzales

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 1
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:

(a) 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 0

wastes;


(b)

(c)

(d)

(c)

(f)

(g)

(2) Promote environmentally safe disposal of residues;

(3) 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,

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 improved

hazardous and radioactive wastes management and resource

conservation techniques;

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)

(b)

(c)

(d)

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;

(3) 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, tradi

ions, 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 meters up to
several hundred meters and its diameters can vary from a few tens of

centimeters up to more than one meter


(e)

(g)

(h)

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

Corrosivity refers to a state where the waste has one of the following

characteristics and properties:

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

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

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 ait 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 wastes;


(m)

(n)

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;

Hazardous waste refers to-a substance discarded from commercial and
industrial establishments, institutions and healtheare facilities which,
because of its concentration or its 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 ro human health and the environment;

Hazardous and radioactive wastes management refers to the systematic
administration of activities which provide for the identification,

listing, collection, se;

regation, storage, transport, recovery, reuse,
processing, reprocessing, treatment and disposal of hazardous and
radioactive wastes;

Healthcare waste refers to total waste stream originating from minor or
scattered sources or 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) [tis liquid matter that has a flash point less than 60°C
(140°F);

(2) Itis nota liquid matter and is capable, under standard

temperature and pressure, of causing fire through friction,


(q)

(s)

(r)

(u)

absorption of moisture or spontaneous chemical changes and,
when ignited, burns so vigorously and persistently that it
creates a hazard;
G) —_ Ieis an ignitable gas; or
(4) Iv is an oxidizer;
Injection zone refers to a geological formation, group of formations or a
part of a formation located below the underground source of potable
water, and which receives waste fluids or solids through a deep
injection well;
Intemational environmental standards refer to the requirements or
standards under existing international environmental agreements to
which the Philippines is a party;
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;

Land disposal refers to the placement of hazardous and radioactive

wastes on the surface, near surface and at depths within the soil
column;

Land treatment or land farming refers vo 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 I 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;


(w)

(2)

QB)

Level 2

()

@)

(4)

Level 3

(1)

(2)

(3)

Clinical services that include general medicine, pediatrics,

obstetrics and nonsurgical gynecology, and minor surgery;
General administrative services that may provide certain

ancillary services, including primary clinical laboratory, fi

level radiology services and pharmacy services; and

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

hospital refers to a non-departmentalized hospital that provides:

Clinical care and management on the prevalent diseases in the

locali
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

Nursing care provided in the Level | hospital as well as
intermediate, moderate and partial category of supervised care
for twenty-four (24) hours or longer;

hospital refers to a departmentalized hospital that provides:
Clinical care and management on the prevalent diseases in the
locality as well as particular forms of treatment, surgical
procedure, and intensive care;

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

Appropriate administrative and certain ancillary services,
including tertiary clinical laboratory, second level radiology

services and pharmacy services; and


(y)

(aa)

(bb)

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

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

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;

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

(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 Natutal Resources (DENR) and the

Philippine Nuclear Research Institute (PNRI) accompanying

hazardous and radioactive wastes from the point of generation,

through transport, to final disposition;

Military munitions refer to all types of both conventional and chemical

ammunition products and their components produced by or for the

military for national defense and security, including munitions
produced by other parties under contract with, or acting as agent for,
the Department of National Defense (DND);

Near surface facilities refer to the disposal site of radioactive waste with

or without engineered barrier on or below ground surface where the


(ce)

(dd)

(ee)

(fo),

(gg)

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;

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;

Open burning refers to the destruction of wastes by means of direct

exposure to fire;

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;

Reactivity refers to the state of a waste, or a representative sample of

the waste, exhibiting any of the following properties:

(1) Ivisnormally unstable and readily undergoes violent change
without detonating;

(2) Iereacts violently with water;

(3) Ie forms potentially explosive mixtures with water;

(4) | When mixed with water, it generates toxic g

$8, vapors or
fumes in a quantity sufficient to present danger to human
health or the environment;

(5) Iisa 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;


(hh)

(ii)

Gi)

(kk)

(6) Teis capable of detonation or explosive reaction if subjected to

a strong initiating source or if reacted under confinement; or
(7) Ieis readily capable of detonation or explosive decomposition

or reaction at standard temperature and pressur

Resource recovery refers to the collection, extraction ot recovery of

recyclable materials from the waste stream for the purpose of recycling,

generating energy or producing a product suitable for beneficial use;
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;
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 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 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 primarily 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 sertling;


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

(nn) 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 hefore 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 characteristies of
hazardous wastes, raking 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 he reviewed and revised every four (4) years thereafter, or as the need arises:
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


.d to notify in writing the DENR, the DOH, and the PNRI of their hazardous or

req

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 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:

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

(b) General waste characterization, taking into account, but not limited

to, the source, type, and quantity of hazardous and radioactive wastes

generated;
(c) Projection of hazardous and radioactive wastes generation, including
quantity for reduction, recovery and reuse;
(d) Listing of TSDFs, 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 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:



(a) Strategies and techniques for hazardous and radioactive wastes

control;

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

(ec) Goals and targets for waste reduction;

(d) Period of compliance for waste reduction;

(e) Information and education campaign;

(f) Human resources development; and

(g) Roles and responsibilities of relevant government agencies.
The Framework shall be adopted as the official blueprint for hazardous and

radioactive 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 ro, the following:
(a) Recordkeeping practices that accurately identify the quantities of such
hazardous and radioactive wastes generated, the constituent of which

are significant in quantity or are potentially harmful to human health

or the environment, and the disposition of such wastes;


(d)

(e)

(f)

(g)

Use of appropriate storage facilities and containers to prevent rhe

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 0 assure that all hazardous and radioactive wastes generated
are designated and/or recorded for treatment, storage or disposal in
TSDFs with appropriate permit issued pursuant to this Act. The
manifest shall also record transportation details of said wastes;
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;

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:


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

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

(c) Transport of wastes only if properly labeled;

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

(e) 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

(f) 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

ith the DOH and the PNRI, shall establish requirements applicable to owners

coordination

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:
(a) Performance standard for the design, construction, operation,
maintenance and monitoring of the facility;
(b) Requirements and standards ro ensure adequate resources, including
human and financial, throughout the life cycle of the facility;

(c) Requirements and standards for the closure, decommissioning and

post-closure care, monitoring and maintenance and use of the facility;


(d)

(e)

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 criteria 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:

(a)

(b)

(c)

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;

Hazardous waste thermal treatment facilities

TSDFs in this category are facilities that conduct treatment of
hazardous wastes employing thermal technologies;

Landfill 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



(d)

(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
(3) 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
necessaty, 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;
Facilities that recycle or reprocess hazardous wastes which are not generated
or produced at the premises.
The DENR, in coordination with the Department of Science and

Technology (DOST), shall promulgate standards for this category of

TSDEs. Facilities in this category are those that receive off


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;

(e) 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;

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

(zg) 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 a 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
progeams 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 III
RADIOACTIVE WASTES

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:

(a) Diluce 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

(c) 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 generic site requirements for locating a final repository for radioactive wastes.

SEC. 25. Safety Assessment. — The PNRI shall develop and promulgate the criteria
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, further, That nonradiological environmental impact
assessment shalll 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 shalll be given to materials
of intrinsic value that could pose a serious threat to human health and the environment if

control is lost.



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:

(a)

(c)

Hospitals and other healthcare facilities shall practice or implement
waste minimization and segregation at source;

Approptiate 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:


(h)

Js) shall be responsible for the collection of special hazardous wast

Provided, That for the off-site treatment requirements of storage and
disposal of such wastes, guidelines for facilities under paragraphs (b) to
(£) 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

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

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

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.

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

limired to, take-back or retutn-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 (BOI) areas unless otherwise provided herein. As such, it shall have
the following functions, powers and responsibilities:
(a) Prepare a National Hazardous and Radioactive Wastes Reports
(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;
(a) Establish, enforce, review and revise standards for generators of
hazardous and radioactive wastes;
(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;


(i)

(i)

10)

(m)

(n)

(o)

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;

E

valuate 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 permitsjlicenses 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;

Develop and implement programs to achieve goals and objectives set
under this Act;

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;

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

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;

Encourage waste reduction, resource recovery, exchange and energy

conservation in hazardous and radioactive wastes management;


(p)

(q)

(r)

(s)

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

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:

(a)

(b)

(c)

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

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 carry 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

(a)

(b)

Develop and promulgate regulations establishing a program for the
monitoring of the radioactive wastes listed pursuant to this Act;
Develop, promulgate, and publish the criteria for identifying and

listing the types of radioactive wastes to be monitored and regulated;



(c)

(d)

(e)

(f)

Develop and promulgate the rules and regulations on the radioactive
wastes management pursuant to Section 22 hereof;

Formulate specific, relevant and appropriate waste acceptance criteria
for transporters and TSDFs 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:

(a)

(b)

(d)

Share 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,

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

rdous

Ensure the proper segregation and collection of special bi
wastes;
Develop government and community preparedness and responsiveness

rdous and radioactive wastes;

for emergencies arising from h:
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 (IATAC) which shall be attached to the
DENKR and which shall be composed of the following officials or their duly authorized
representatives:

(a) Secretary of Environment and Natural Resources, as C.

airperson;
(b) Secretary of Health, as Co-chairperson;

(c)_ Secretary of Science and Technology, as Co-chairperson;

(a) Secretary of Agriculture;

(e) Secretary of Finance;

ecretary of Trade and Industry;

(g) Secretary of National Defense;

(h) Secretary of Foreign Affairs;

(i) Secretary of Transportation and Communications;
(j) President of the League of Cities;

(k) President of the League of Municipalities;

() President of the League of Provinces;

(m) President of the League of Barangays
(n) Director General of the PEZAs
(0) Representative from civil society organizations;
(p) Representative from the industry;
(q) Representative from TSDF operators; and
() Representative from the academe.
The IATAC shall perform the following functions, among others:
(1) Develop and promulgate the criteria in assessing the proposed

B

T/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 [ATAC and shalll be

appointed by the President for a term of three (3) years.

SEC. 38. The IATAC Technical Working Group. — The IATAC shall be supported

bya technical working group (TWG) which shall be composed of representatives from the

following agencies and institutions:

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

(n)

(0)

Environmental Management Bureau (EMB) of the DENR;
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;

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;

Land Transportation Office (LTO) of the DOTC;
Occupational Health and Safety Center of the Department of Labor
and Employment (DOLE);

Philippine Coast Guard;


(p) Civil society organizations;
(q)_— Industry; and
(1) Academe

The TWG shall provide technical support to the [ATAC. 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 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 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. 41. Permits for Treatment, Storage or Disposal of Hazardous and
Radioactive Wastes. — (a) 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 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 DENR and the PNRI may issue a permit or 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.

(c) 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

(4) 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
ot license or if the authority to operate the facility has been previously
terminated.

SEC. 42. Hazardous and Radioactive Wastes Transporter License. ~

(a) 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.

ion — The DENR and the

(c) License Modification, Suspension and Revoca

PNRI shall modify, suspend and revoke such license upon a

determination of noncompliance by a transporter with the relevant
provisions of this Act or the terms and conditions of the permit
A license is not required for the transport of any hazardous or radioactive waste on
the premises where it is generated or onto a property owned by the generator thereof located

ate:

within a one (1) kilometer radius from said premises or within the same industrial es
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 thar it be adequate to provide protection to human health and the
environment

SEC. 43. Hazardous Waste Disposal Fee. — Alll 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 fée that shall accrue to the general
fund. The fee shall be established by the DENR, taking into consideration the following:

(a) Strong economic inducement for generators to modify their

production or management processes;

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

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

(4) Category of waste; and

(e) 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.


CHAPTER IX
INCENTIVES

SEC. 46. Rewards. — Rewar.

monetary or otherwise, shall be provided wo

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 ws

1s,

SEC. 47. Incentives Scheme. — An incentive

heme is hereby provided for the
purpose of encouraging enterprises, private entities, LGUs and NGOs to develop or
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.
(a) 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, spare 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 conditions

(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 spare parts should be approved by the BOI of the

DTI: Provided, further, That the sale, transfer or disposition of


(b)

(c)

(d)

such machinery, equipment, technology, vehicles, and spare
parts, without prior approval of the BOI, within five (5) years
from the date of acquisition, shall be prohibited; otherwise, the
registered enterprise, LGU or NGO concerned and the buyer,
transferee or assignee shall be solidarily liable to pay twice the
amount of tax and duty exemption given it.
Exemption from Value-Added Tax (VAT) on the Sale of Domestic
Capital Equipment ~ Within five (5) years from the effectivity of this
Act, the sale of domestic capital equipment, including its spare parts,
to registered enterprises, LGUs and NGOs to be used for 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 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 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 or private entities engaged in hazardous,
radioactive, medical and special hazardous wastes management

(e) Extension of Grants to LGUs. ~ Cities ot 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

(f) 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 s
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 or disposed by duly aceredited 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 adverse environmental impact due to the improper management of the

wastes

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

(a)

(b)

(c)

(d)

(e)

(f)

(h)

(i)

Discarding, throwing or dumping of hazardous or radioactive wastes

listed pursuant to this Act in public places such as roads, sidewalks
canals, estetos, parks, establishments and municipal solid waste
facilities, or causing or permitting the same;

Undertaking activities involving the collection or transport of
hazardous of radioactive wastes in violation of the standards and other
requirements or permits set forth in this Act;

Causing or petmitting 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 o 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 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 or radioactive wastes;

Transporting and dumping of collected hazardous or radioactive wastes

in areas other than the facilities prescribed under this Ac


(i)

(k)

(0)

(m)

(n)

{o)

(p)

(q)

(r)

Open burning of hazardous or radioactive wastes;
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, ot in knowing
violation of any material condition or requirement of such permit ot
license, or in violation of any standard promulgated pursuant to this
Act;

Making any false material statement, representation or certification in

any application, label, permit, record, report, manifest ot other
document filed, maintained or required to be maintained under this
Act;

Falsifying, tampering with ot rendering inaccurate any monitoring
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 o radioactive waste and, in connection therewith,
knowingly destroying, altering or concealing any record required to be

maintained pursuant to this Act;

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 or 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;
(s)_ Constructing, substantially altering or operating, including all post-

closure activities and operations specified in the rules and regulations,

a hazardous or radioactive waste TSDF without first obtaining a permit
as specified in this Act; and
(t) Site preparation, construction, expansion or operation of TSDFs
without an 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
person who commits any of the prohibited acts provided in che 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 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), (bh), (i), (1), (p), (s) and (t), 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 reviewed and revised, whenever necessary, every
three (3) years to compensate for inflation and to maintain the deterrent function of such

fines.


The PAB may order the closure, suspension of development or construction, or
cessation of operations until such time that proper environmental safeguards are put in place
and/or compliance with 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 shalll require cleanup and rehabilitation, the offender shall
also he required to restore the area or 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
thar 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 of paragraphs (a), (d), (e), (g), (k), (D)
and (m) of Section 49 hereof within a period of two (2) years; or
(c) 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 the unjustified refusal for the entry or access to any
premises of an authorized DENR representative.
In these cases, the offender shalll 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 TSDEs

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 or 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:

(a) 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.

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:

(a) Any person who violates or fails to comply with the provisions of this
Act or its implementing rules and regulations; or
(b) The DENR or other implementing agencies with respect to orders,

rules and regulations issued inconsistent with this Act; or



(c) Any public officer who willfully or grossly neglects the performance of
an act specifically enjoined as a duty by this Act or its implementing
rules and regulations, or abuses his authority in the performance of his
duty, 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 their 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:

(a)

(b)

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;

The operation and financing of hazardous and radioactive wastes

disposal programs

(c) The planning, implementation and operation of resource recovery and

(d)

(e)

resource conservation systems;

The production of usable forms of recovered resources, including fuel

from hazardous wast
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 waste:

Cleanet production technologies
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 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 privare 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 (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 wé

stes 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
(c) 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 concemed
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 XIL
FINAL PROVISIONS

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
or gifts, in cash of 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,