Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City
EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3174

Introduced by Honarable ABRAHAM “BAMBOL” N. TOLENTINO

EXPLANATORY NOTE

The improper disposal and management of waste is one of the major
environment problems in the country. All municipal solid waste are currently being
disposed in sanitary landfills, usually unsegregated and untreated.

According to a study conducted by the National Solid Waste Management
Commission Secretariat and the Environmental Management Bureau, it is estimated
that the per capita waste production daily is 0.5 kg. This means that for every person
living in the capital generate half a kilo of waste a day. With an estimated population of
10.5 million, the total waste generated in Metro Manila alone, could run up to 5,250
metric tons per day, 162,750 metric tons per month, and 1.95 million metric tons per
year.

The same study shows that, only about 73% of the 5,250 metric tons of waste
generated daily are collected by dump trucks hired by their respective local authorities.
The remaining 27% of their daily waste or about 1,417.5 metric tons end up in canals,
vacant spaces, street corners, market places, rivers and other places where proper
‘waste management and disposal is clearly not observed.


Also, a study conducted by the Japan International Cooperation Agency, less
than 10% of local government units fully follow the sanitary landfill method as mandated
by Republic Act No. 9003 or the Ecological Solid Waste Management Act. Furthermore,
around 80% to 90% of sanitary landfills have already been utilized and is projected to
be at full capacity within the next five years.

Along with the problem of garbage disposal, the Philippines also faces a
forthcoming crisis regarding energy supply. As of now, more rotational brownouts are
being implemented by electric suppliers all over the country due to low power reserves.
Additionally, this shortage is intensified during the hot and dry seasons as most of the
electric supply in the country comes from hydroelectric power plants.

This bill proposes to full allow the utilization of waste to energy technologies, in
harmony with the Supreme Court ruling in the case of Metropolitan Manila Development
Authority vs. Jancom Environmental Corporation, et al., where it was ruled that Republic
Act No. 8749, or otherwise known as the Clean Air Act of 1999, does not absolutely
prohibit incineration as a mode of waste disposal, rather, only those burning processes
which emit poisonous and toxic fumes are banned.

Republic Act No. 9513, or otherwise known as the Renewable Energy Act of
2008, already allows the use of waste to energy technology, but only in a limited sense.
This bill proposes to allow the use of any waste to energy technology, using any
process given that is environmentally sound and operationally efficient.

This bill aims to provide a system for waste to energy technologies and waste to
energy conversion to further improve the solid waste management in the Philippines,

ensuring and improving the welfare of the public.

In light of the foregoing, the passage of this bill is earnestly sought.


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS

First Regular Session
3174

HOUSE BILL NO.

Introduced by Honorable ABRAHAM N. TOLENTINO

AN ACT ALLOWING THE USE OF WASTE TO ENERGY
TECHNOLOGY IN ELECTRICITY, FUEL AND HEAT GENERATION,
AND FOR OTHER PURPOSES

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

Section 1. Short Title. - This Act shall be known as the “Waste to Energy Act
of 2019.”

Sec. 2. Declaration of Policy. — It is hereby declared the policy of the State to
adopt a systematic and comprehensive solid waste management program which
ensures the protection of public health and environment, and encourage the
development of environmentally sustainable waste to energy facilities to address the
solid waste disposal and energy shortage.

It is also the policy of the State to allow the process of incineration in waste
to energy facilities provided that the burning process does not emit poisonous and
toxic fumes.

Sec. 3. Objectives. - The objectives of this Act are:

(a) To allow the operation of waste to energy facilities to aid in the reduction of
solid waste disposal and in the increase of energy production;

(b) To provide guidelines on the evaluation, establishment, and operation of
waste to energy facilities for the integrated management of municipal solid
wastes which ensure the protection of public health and environment;


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(©) To increase the efficiency of collection and transport of solid wastes;

(d)To ensure the proper segregation, collection, transport, storage, treatment
and disposal of solid waste through the formulation and adoption of the best
environmental practices in ecological waste management, including
incineration in a waste to energy facility;

(e)To encourage private sector participation in solid waste management and
waste to energy conversion;

(f) To strengthen the cooperation of local government units in solid waste
management and materials recovery facilities to make an efficient collection
and transport of municipal solid wastes from source and until it reaches the
waste to energy facilities;

(g) To strengthen the integration of solid waste management into the academic
curricula in order to promote environmental awareness and action among the
citizenry and to minimize the disposal of solid wastes and expedite the
segregation process;

(h) To encourage the development and use of local technology; and

(i) To improve, ensure and protect the health of the public by reducing the
wastes that are to be thrown directly to the sanitary landfills through proper
operation of the materials recovery facilities and the operation of waste to
energy facilities.

Sec 3. Definition of Terms. - For purposes of this Act, the following terms
shall mean:

(a) Clustering is a strategy of pooling available resources of neighborhood cities,
municipalities or barangays for the establishment of a common solid waste
management facility or service;

(b) Emission shall refer to any air contaminant, pollutant, gas or unwanted sound
from a known source which is passed into the atmosphere;

(c) Hazardous Wastes shall refer to by-products, side-products, process residues,
spent reaction media, contaminated plant or equipment or other substances
from manufacturing operations and as customer discards of manufactured
products which present unreasonable risk and/or injury to health and safety
and to the environment;


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(d) Host LGU shall refer to the local government unit where the waste to energy
facility is located;

(e) Materials Recovery Facility (MRF) shall include solid waste transfer station or
sorting station, drop off center, a composting facility and a recycling facility;

(f) Municipal Solid Waste shall refer to wastes produced from activities which
include a combination of domestic wastes from residential, commercial,
institutional and industrial wastes;

(g) Recyclable Materials shall refer to any waste material that can be converted
into suitable beneficial use or for other purposes;

(h) Sanitary Landfill shall refer to 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;

(i) Segregation shall refer to solid waste management practice of separating
different materials found in solid waste in order to promote recycling and re-
use of resources and to reduce the volume of waste for collection and
disposal;

(j) Waste to Energy shall refer to the process of converting wastes with various
‘technologies, usually the conversion of non-recyclable waste materials into
usable heat, electricity, or fuel through a variety of processes; and

(k) Waste to Energy Facility shall refer to the facility where the waste to energy
operations are conducted.

Sec. 4. Waste to Energy Technology, allowed. — The use of waste to energy
technologies which converts non-recyclable solid waste materials, through any mode
or process, including incineration, into usable heat, electricity, or fuel shall be
allowed.

Sec. 5. Guidelines. - The Department of Science and Technology, in
coordination with the Department of Energy and the Department of Environment
and Natural Resources shall provide guidelines regarding the operation of waste to
energy technology which must include:


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(1)Compliance of environmental permits, clearances and other legal
requirements from concerned agencies prior to construction, set-up and
operation of a waste to energy facility;

(2)Solid waste management plan of the host Local Government Unit
consistent with Republic Act No. 9003;

(3) Clustering of Local Government Units and/or forming partnerships with the
private sector in the establishment, construction and operation of waste to
energy facility;

(4) Compliance with the Euro Emission Standards;

(5) Operational guidelines for waste to energy facility, such as, but not limited
to:

(a) kind of waste that may be accepted by the facility for processing;

(b) implementation of MRFs, Residual Containment Areas, Sanitary landfills
and other disposal facilities;

(c) quality and sustainability of wastes; and

(d) documentation indicating the quantity in weight, source and type of
source-segregated wastes to be processed including the date and time
received.

(6)Guidelines for appropriate storage facilities for segregated wastes,
materials and by-product from the operation, providing proper measures
to address risks of explosion, combustion, corrosion, contamination,
infection, and odor emission;

(7)Manual of operation and quality assurance and control and standards for
quality control/assurance system;

(8)A detailed emergency response plan to ensure effective and rapid
containment and clean-up in the event of an emergency incident;

(9)Personal protective equipment and medical care in compliance with
existing laws, rules, and regulations to all personnel of the facility directly
handling or exposed to waste materials, in-process materials and finished
products;

(10) Pollution control and abatement facilities to ensure that all emissions
and effluents comply with environmental standards;

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(11) Requirements for treatment, storage and disposal facilities for any
hazardous waste resulting from the operations of the waste to energy
facility;

(12) Allowable locations for waste to energy facilities, which must be far
from urban areas;

(13) And such other guidelines as may be necessary for the furtherance of
the purpose and objectives of this Act.

Sec. 6. Environmental Monitoring. — The Environmental Management Bureau
of the Department of Environment and Natural Resources shall regularly and
Periodically monitor the environmental compliance of the waste to energy facility,
including its emissions, and shall promulgate guidelines on the periodic reports and
documentations required to be submitted to the Bureau.

The Bureau shall have the power to issue a cease and desist order or
temporary closure orders for non-compliant facilities.

Sec. 7. Acceptable Waste Materials. — the Department of Environment and
Natural Resources shall provide a list of acceptable waste that may be processed in
the waste to energy facility. It shall ensure that only materials that pass the
international environmental standards with high calorific values are allowed to be
processed in waste to energy facilities.

The following shalll not be acceptable materials:

Recyclable wastes;

. Health care wastes;

Explosives;

Batteries;

Radioactive wastes;

Electronic wastes;

'. Cyanide wastes;

|. Unsegregated municipal solid wastes; and

). Other wastes that are not safe or efficient for processing in the waste
to energy facility, as determined by the DENR.

Sec. 8. Prohibition on Importation of Wastes; exception. — Importation of
waste materials that are to be used by waste to energy facilities shall not be

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allowed, unless, the EMB certifies that the supply of acceptable wastes in the
Philippines are insufficient to meet the demands for the efficient production of the
waste to energy facilities, and unless the other requirements on importation of waste
under Republic Act No. 6969 and the Basel Convention are also complied with.

Sec. 9. Clustering. — Neighboring Local Government Units are mandated to
establish a common solid waste management and materials recovery facility, in
accordance with Section 33 of the Local Government Code, and shall jointly develop
an efficient collection and transport operation of municipal solid wastes.

Local Government Units are authorized to sell segregated municipal solid
wastes to privately-owned or operated waste to energy facilities.

Sec. 10. Tax Incentives. - Operators of waste to energy facilities shall enjoy a
five (5) year tax holiday from the start of its commercial operations, tax and duty
free importation of raw materials, capital equipment, machineries, and spare parts
subject to the conditions under Section 8 of this Act, and VAT zero-rating of all local
purchases of raw materials.

Sec. 11. Implementing Rules and Regulations. — The Department of Science
and Technology, in coordination with the Department of Energy and the Department
of Environment and Natural Resources shall collectively craft, and issue, within thirty
(30) days from the date of the effectivity of this Act, the Implementing Rules and
Regulations for the effective implementation of this Act.

Sec. 12. Fines and Penalties. — Any person who violates any of the provisions
of this Act, including the rules and regulations thereof, shall be imposed with a
penalty of imprisonment of six (6) months and one day to six (6) years or a fine of
at least one hundred thousand pesos (Php100,000) but not more than one million
pesos (Php1,000,000), or both.

If the offender is a juridical person, the president, manager, directors,
trustees, or the officials directly in charge of the operations shall suffer the penalty
provided. Permits and licenses issued to such juridical entities shall automatically be
revoked and canceled.

If the offender is a public official, the penalties imposed by this Act shall be in
addition to and without prejudice to Republic Act No. 3019 or the Anti-Graft and
Corrupt Practices Act.


Sec. 13. Separability Cause. - If any provision of this Act shall be held
unconstitutional or invalid, the other provisions not otherwise affected shall remain
in full force and effect.

Sec. 14. Repealing Clause. - Provisions of Republic Act No. 8749, Republic Act
No. 9003, Republic Act No. 6969, Republic Act No. 9513 and all other laws, decrees,
executive orders, proclamations and other executive issuances which are
inconsistent with or contrary to the provisions of this Act are hereby amended
accordingly.

Sec. 15. Fffectivity Clause. - This Act shall take effect fifteen (15) days
following its complete publication in the Official Gazette or in two (2) national
newspapers of general circulation.

Approved,