FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

fine 853.

House Bill No.

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE
As a state party to the Basel Convention, the Philippines is obliged to, among others:

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

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

Congress passed RA 9003 or the Ecological Solid Waste Management Act in 2000, and it was
lauded as landmark legislation on proper handling of solid wastes. However, it only went as far as
defining hazardous waste and labeling it under “special waste” and leaving its management to the
LGUs.

However, and unfortunately, hazardous and radioactive waste management require inter
agency coordination coming from the national government to oversee and make inventory of
hazardous waste creators and repository. Take for example what happened on the biggest industrial
disaster in our country’s history — the Marcopper mine tailings in Marinduque in 1996 which instantly
killed the 27-kilometer long Boac river and the livelihood of the tens of thousands of people
surrounding the river. That tragedy could have been prevented should there have been a proper law on
the proper standard of mine waste management and force on the monitoring of the DENR.

In the NCR, hazardous and infectious healthcare wastes amount to 27 tons a day in 2003,
according to an Asian Development Bank (ADB) report. WHO has estimated that, based on
population projections, local healthcare waste could reach as much as 69.5 tons per day by 2050,
EcoWaste Coalition, an environmental NGO, raised the alarm on the presence of hazardous wastes
dumped at Pier 18 of Manila coming feom disposed hardware of computers, chip boards, and cellular
phones which contain heavy metal which are toxic to humans. In 2009, Greenpeace panicked over the
report that about 1.8 tons of radiotoxic plutonium in Mixed-Oxide (MOX) fuel intended for nuclear
power plants is traveling to Japan via the Cape of Good Hope and the south-west Pacific Ocean and
might cross the exclusive economic zones of the Philippines. Luckily, the shipment did not take the
Philippine territory route

‘These are but examples of actual incidents of continued neglect, mishandling, and disregard to
the low standards of hazardous waste management in our country. Unfortunately for us, the
environment is not the only thing at stake here but also our own health and lives, More unfortunately,
this is a concern that, if deserted because of procrastination, will cost us for decades to come. As such,
immediate passage of this bill is earnestly sought.

SUSAN

Representative, 24D ytrivt of Tarlac


16

SENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINE:

Pies! Rogurlar Session )

HOUSE OF REPRESENTATIVE
nen .
House Bill No. 353

Introduced by Representative Susan A. Yap

AN ACT

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

PURPOSES,

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

CHAPTER |
GENERAL PROVISIONS.

SECTION 1. Short title - This Act shall be known as the “Philippine Hazardous and
Radioactive Wastes Management Act of 2010.

SEC. 2. Declaration of Policy. ~ I is hereby declared the policy of the State to advance the
protection of human h of hazardous and
tadioactive wastes within the framework of sustamable development. Towards this end, the State
shall:

h and the environment from the potential tis!

{a) Develop and implement national and local integrated and comprehensive hazardous and
tadionctive wastes. management programs focusing on. pallution prevention and resource
conservation recovery, which shall:
(1) Improve wastes management techniques, organizational arvangements, methods of
collection, separation and recovery of
(2) Promote environmenualy si
(3) Minimize the gene
production, process
(A) Institutionalize public particip
programs;
(b) Promulgate guidelines for the gene

aStes;

disposal of residues;
ion of hazi

nus and radioactive wastes by encouraging cleaner
© recovery; reeycling and reuse, and weatment; and
tion in the development and implementation of such

on, collection, segregation. tntasport, recovery,

storage, treatment and disposal of hazardous and radioactive wastes including emergency. and
contingency plans for accidents involving such wastes:
(©) Prohibit the entry, even in wansit, of hazardous and radioactive wastes into the Philippine

territorial limits for whatever purpose consistent with muhtlateral international agreements and
protocols

@ Promote a national research and development program for improved hazardous and
radioactive wastes management and resource conservation techniques;
and enforce a system of accountability fc
of estended producer responsibility, product stewardship and resp

(c) Formulat

nerators, including the promotion
rasible care program:



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( Promote international environmental standards on wastes management, and

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

SEC. 3, Coverage of the Act. - This Act shall apply to the generation, possession, collection,
recovery, reuse, storage, transport, (reatment and disposal of hazardous and radioactive wastes in the
counuy for whatever purposes: Provided, That this Act shall cover the entry of such wastes, even in
tvansit, into the Philippine territorial limits.

SEC. 4, Definition of Terms. -As used in this Act

Abandoned underground mines refer to worked out mineral mines with deep shatts
extending to about one thousand (1,000) to vo thousand (2,000) thousand feet below the ground
surface

rel

(b) Best available techniques (BAT) refer to any technology that shall cake into consideration
costs and benefits of a measure as well as precaution and prevention such as, but not limited to:

(1) the nature, effects and mass of releases concerned;

2) consumption and use of raw materials in the process and its energy efficiency ;

(3) the reed to prevent or reduce to a minimum the overall impact of releases to the
and

(A) ensure occupational health and safety at the workplaces

(©) Best environmental practices (BEP) refer to practices that are generally accepted as
“environmentally friendly”, taking into consideration the nature, traditions and culture of the locality.

environment

For this purpose, technological advances and changes in scientific knowledge and
understanding shall likewise be considered in determining acceptable practices in preserving the
environment

(@) Borehole facilities shall refer co those that entail the emplacement of solid radioactive
wastes in an engineered facility of relatively narrow diameter bored and operated directly from the
surface. It covers a range of design concepts with depths ranging from a few meters up to several
hundred meters, and their diameters can vary from a few tens of centimeters up to more than one
(1) meter.

(© Carcinogen sefers to any substance that can cause or contribute 10 the incidence of
cancer
from the source or from a

( Collection refers to the act of removing hazardous w
storage point

(@) Construction refers to the erection or building of new structures.

(b) Contaminated sites refer to places or spots where the soil quality exceeds the soil
standards set pursuant to Section 17 hereof.

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

() Corrosivity refers to a state where the waste has either of the following properties: (1) it is
aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5; (2) it is a liquid and
corrodes steel (SAE 1020) at a rate greater than 6.35 mm. (0.250 inch) per year at a test temperature
of 55°C (130'F).

(k) Degradability refers to the ability of a compound to he reduced to simpler forms through
a breakdown of its structure.

(1) Deep injection well means a well used for subsurface injection of waste fluids and solids
derived from industries such as geothermal and oil and gas into an injection zone.

(oy) Department means the Department of Environment and Natural Resources (DENR).

{n) Disposal means the discharge, deposit, injection, dumping, spilling, leaking or placing of
any hazardous and radioactive wastes into or on any land or water so that such wastes, or any



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constituent thereof, may enter the environment or be emitted into the air or discharged into any
waters, including ground waters.

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

(p) Generator refers to a person, natural or juridical, who produces hazardous ancl
radioactive wastes,

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

() Hazardous wastes refer co substances discarded from commercial and industrial
establishments, institutions and healthcare facilities which, because of, the concentration, or physical,
chemical or infectious characteristics, may cause or significantly contribute to increases in mortality
or setious illnesses, or pose an unreasonable risk and potential threat to buman health and the
environment.

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

(0) Healthcare waste refers co waste that is generated or produced as a result of the following
activities: diagnosis, treatment or immunization of buman beings or animals; research pertaining to
the above acuvities; production or testing of biologicals; and. waste originating from minor or
seattered sources.

(u) Ignitability refers to the characteristic used to define as hazardous wastes that could cause
4 fire during transport, storage or disposal. A waste exhibits the characteristics of ignitability if a
sample of the waste has any of the following properties: (1) itis a liquid chat has a flash point of less
than 60° ( (140'T); (2) it is not a liquid and is capable, under standard temperature and pressure, of
causing fire through friction, absorption of moisture or spontaneous chemical changes and, when
ignited, bums so vigorously and persistently that it creates a hazard; (3) it is an ignitable gas; or (4) it
is an oxidizer.

(©) Injection zone refers to a geological formation, group of formation 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.

() International environmental standards refer to the requirements or standards under
existing international environmental agecements to which the Philippines is a party

(js) Landfill refers to a waste disposal site designed, constructed, operated and maintained in
4 manner that exerts engineering control over significant potential environmental impacts arising
from the development and operation of the facility:

{s) Land disposal refers to the placement of hazardous and radioactive wastes on the surface,
ear surface and at depths within the soil column.

7) Land treatment or land farming refers 10 4 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

(aa) Level 1 hospital refers to an emergency hospital that

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

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

(3) penceal administrative service and may provide ancillary
laboratory, first level radiology, pharmacy); and

(4) nursing care for patients who require
(24) hours or longer.

(bb) Level 2 hospital refers to a non-departmentalized hospital that provides:

(1) climeal care and management on prevalent diseases in the localitys

2) clinical services that include general medicine, pediatrics, obstete
surgery and anesthesia;

rovides:

services (primary clinics:

minimal category of supervised care for twenty-four

and gynecology,


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

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

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

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

2) clinical services provided in the level 2 hosp:

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

(A) nursing care provided in the level 2 hospital as well as cotal and intensive skilled care

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

(ce) 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 (OND).

(f Mined cavities refer to the emplacement of radio:
mines or caverns which is either man-made or natural

(gg) Mutagens refer to any substance that can cause a change in genetic material.

(bh) Near surface facilities refer to the disposal of radioactive wastes with or without
engineered barrier on or below ground surface where the formal protective covering is of the order
ofa few meters thick or in cavers a few cens of meter below the earth’s surface.

(ii) 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 Department, the Department of
Health (DOH) and the PNRI.

(j) Open burning refers to the low temperature thermal destruction of wastes by means of
direct exposure to fire. For this purpose, this shall apply to the traditional small-scale methods of
community sanitation called “siga”.

(kk) Partial treatment refers to any process used to modify the characteristics of a hazardous
or radioactive waste without totally negating its hazardous characteristics. This may include yolume
reduction, conditioning, moisture reduction and neutralization, among others.

() Persistence refers to the substantial length of time a compound, once introduced into the
covironment, stays there, or the property of a substance whose half-life in water, sediment or soil
exceeds duration of fifty (50) days.

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

(nn) People’s organization (PO) refers to a nonprofit and nonstick association of ci
a locality, embracing a common goal to protect the environment and, ultimately, public health,

(00) Radioactive wastes refer to materials that contain or are contaminated with
radionuclides at concentrations or activities greater than clearance levels as established by the PNRL
This also refers to disused sealed sources for which no use is foreseen.

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

(1) Itis normally unstable and readily undergoes violent change without detonating,

(2) Ic reacts violently with water;

(3) It forms potentially explosive mixtures with water;

(4) When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient
to present danger to human health or the environment;

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

al as well as specialty clinical cares

ctive waste at some depths inside

ens in



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(G) It is capable of detonation or explosive reaction if subjected co a strong initiating source
or if reacted uncler confinement; or

(7) Iv is readily capable of detonation or explosive decomposition or reaction at standard
temperature and pressure.

(qq) Resource recovery refers co the collection, extraction or recovery of secyclable materials
from the waste stream for the purpose of recycling, generating energy or producing a product
suitable for beneficial use: Provided, That such resource recovery facilities exclude incineration,

(@8) Recycling refers to the process of minimizing the generation of wastes by recovering
usable products that might otherwise become waste,

(ss) Segregation refers to a wastes management practice of separating different materials
found in hazardous waste in order to promote recycling and reuse of resources and 10 reduce the
volume of wastes for collection and disposal. This also refers 10 separating radioactive wastes
according to level of activity, physical form and half-life.

(#) Special hazardous wastes refer to substances discarded from houscholds consisting of
consumer or industrial goods or products which become hazardous at the end of its useful life by
vintue of its hazardous content which may be released to the environment upon indiscriminate
disposal

(ou) Storage refers to the containment of hazardous and radioactive wastes, either on a
temporary basis or for a period of years, consistent with the guidelines as prescribed by the
Department and in such a manner as not to constitute disposal of such wast

(Wv) Surface impoundments refer to pits, ponds, lagoons and dike areas that ate either
natural topographic depressions or man-made excavations that are primarily of earthen materials
They are designed and constructed to hold or store, treat and/or dispose liquid waste or waste
containing free liquids through processes such as evaporation, cooling, aeration, photo
decomposition and/or settling,
stainable development refers to development which meets the needs of the present
without compromising the ability of furure generations to meet their own needs.

(xx) Special hazardous wastes collectors refer to entities which receive or collect special
hazardous wastes and/or a take-back program or similar collection mechanism for the purpose of
consolidating the wastes from households or consumers, preparatory to delivery to an accredited
reeyeling or treatment facility

(vy) Technical demonstration refers to the initial exhibition of a new technology process of
practice, or a significantly new combination or use of technologies, processes or practices,
subsequent to the development stage, for the purpose of proving technological feasibility and cost
effectiveness.

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

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

2) clinical services provided in the level 3 hospital as well as subspecialized clinical care;

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

(4) nursing care provided in the level 3 hospital as well
critical care

(aaa) ‘Thermal treatment refers to the controlled heating which involves a prescribed heating
ate, maximum temperature and cooling eycle to produce the property and grain structure required,

(bbb) Toxicity refers to the degree of danger posed by a substance to human or animal due
to its acute lethality, chronic and sub-chronic toxicity, carcinogenicity, teratogenicity or mutagenicity,
among others.

(ccc) 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 10
render such waste non-hazardous, safer for transport, amenable for eecovery, amenable for storage
or reduced in volume.

(ddd) Treatment, storage and disposal facility (TSDF) refers to a site where a hazardous
substance is treated, stored or disposed.

(ww) §

continuous and highly specialized



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(eee) Waste acceptance criteria refers 10 a list of parameters which describe the minimum

characteristics which the waste should possess before it may be placed or accepted in a TSDF.

CHAPTER IL
MANAGEMENT SYSTEM

SEC. 5. Idemtjication and Listing of Mazardons Wastes, - Wichin six (6) months from the
effectivity of this Act, the Department shall, after notice and public consultation, develop, formulate
and publish criteria for identifying and listing the characteristics of hazardous wastes, taking into
account, but not be limited to, toxicity, persistence, reactivity and degradability in nature, potential
for accumulation in tissue, and other related factors such as igaitability, corrosivity and other
hazardous characteristics, Such criteria shall be reviewed and revised every four (4) years thereafter,
or as the need arises: Provided That the Department, in coordination with the DOH and the PNRI,
shall also identify or list those hazardous and radioactive wastes that contain certain constituents
such as identified carcinogens, mutagens or teratc nger human health: Prowided, furtber,
That the Department, in coordination with the DND and appropriate government agencies, shall
formulate criteria for identifying when military munitions become hazardous and radioactive wastes:
Provided, finally, that within six (6) months from the effectivity of this Act, the Department, in
coordination with the Department of Trade and Industry (DTI) and the Department of the Interior
and Local Government (DILG), after public consultation, shall formulate criteria for identifying and
listing the categories of special hazardous wastes products to be tracked and regulated, taking into
account, but not be limited to, the presence of toxicity, reactivity, ignitability and corrosivity

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

SEG, 7. National Harardous and Radioactive Wastes Status Report, - ‘The Department, 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 Section 6 hereof, 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 provided in Section § of this Act. The said report shall include, but
shall not be limited to, the following:

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

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

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

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

(¢) Listing of identified contaminated s

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

(@) Hazardous and radioactive wastes control strategies and techniques;

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

(c) Waste reduction goals and targets;

the Framework, that shall
umework shall contain the



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(@) Period of compliance for waste reduction;

(©) Information and education campaign;

(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 with,

SEC. 9. Use of Best Available Technology and Best Environmental Practices in Hazardous and
Radioastine Wastes Management. ~ Generators and owners of treatment, storage and disposal facilities
are required to use best available technologies and best environmental practices (BATBEP) in
hazardous and radioactive wastes management. The Department, in coordination with the Inter:
Agency Technical Advisory Couneil (IA TAC) created herein, shall formulate criteria in assessing the
proposed BATBEP to be used. In the formulation of these criteria, consideration shall be given,
among others, to the relative economic feasibility of the technology. Further, such technology shall
render the waste sufficiently low in toxicity, reactivity, corrosivity and ignitability as to present the
least possible risk to human health and safety and to the environment.

SEG. 10, Requirements for Generators of Hazardous and Radioactive Wastes, - Within six (6) months
after the effectivity of this Act, the Department, the DOH and the PNRI shall establish
requirements for generators of such hazardous and radioactive wastes necessary to protect human
health and the environment. These requirements shall ensure that the generators shall be responsible
for the proper management of the wastes generated and bear the costs for proper storage, transport,
treatment and disposal of such wastes.

Further, such requircments shall include, but not be limited to, the following:

{@) Recordkeeping practices that accurately identify the quantities of such hazardous and
radioactive wastes generated, the constituent thereof which are significant in quantity or in potential
harm to human health or the environment, and the disposition of such wastes;

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

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

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

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

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

(g) In the case of radioactive wastes, the wastes generator is required to submit a certificate
of wansport from their radiological health and safety officer (RHSO) for the transport of radioactive
wastes to the treatment facility.

SEC. 11. Requirements Applicable to Transporters of Hazardous and Radioactive Wastes. - Within six
(6) months after the effectivity of this Act, the Department, in coordination with the DOH, the
PNRI and the Department of Transportation and Communications (DOTC), shall establish
requirements applicable to transporters of hazardous and radioactive wastes necessary to profeit
human health and the environment. Such requirements shall include, but need not be limited to, the
following:

{a) Recordkeeping concerning such wastes transported, and their Source and delivery points:

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

(6) Transport of wastes only if properly labeled;



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

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

() Coordination with other concerned government agencies in the event that transport of
such hazardous and radioactive wastes 10 the designated TSDF requires security escort or police
protection and assistance.

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

{@) Performance standards for the design, construction, operation, maintenance and
monitoring of the facility

(b) Requirements and standards to ©
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

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

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

sure adequate resources, including human and

SEC. 13. Caegories of TSDEs for Hazardous and Radioactive Wastes, - Within six (6) months after
the effectivity of this Act, the Department shall formulate specific, relevant and appropriate
standards, including waste acceptance criteria, for the various categories of TSDFs identified
hereunder: Provided, That no waste shall be accepted unless it complies with the waste acceptance
criteria formulated pursuant to this Act: Provided. finther, That the Department shall revise, as the
need arises, the regulations, standards and guidelines applicable to the categories listed hereunder,
taking into account improvements in the technology of control and measurement: Provided finally
That such regulations shall specify criteria for the acceptable location of new and existing ‘TSDFs as
necessary to protect human health and the environment. The categories of TSDFs ate as follows

(a) Facilities that conduct on-site storage, ueatment and disposal of hazardous wastes
generated or produced at the premises through industrial or commercial processes and activities
other than disposal via sewer ~ ‘The Department shall encourage on-site treatment of hazardous
wastes by, among others, providing for incentives: Provided. That generators who undertake partial
treatment of wastes shall not be considered as on-site facility operators for purposes of this category:
Prowided, however, That mining operations shall fall under this category;

(b) Commercial o industrial hazardous wastes ' thermal treatment facilities;

() TSDEs in this category are facilities that conduct on-site and off-site thermal treatment:
Provided. Vhat the Department shall promulgate regulations on hazardous wastes used as fuel and
raw material: Provided further, That the Department may also exempt from the requirements hereof
facilities which burn de mininris quantities of hazardous wastes as fucl, as defined by the Department,

(1) the wastes are burned at the same facility at which such wastes are generated;

(2) the waste is burned to recover useful energy, as determined by the Department on the
basis of the design and operating characteristics of the facility and the heating value and other
characteristics of the waste; and

(3) che waste is burned in a type of device determined by the Department to be designed and
operated at a destruction and removal efficiency sufficient such that the protection of buman health
and environment is assured;



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(a) Landfills chat accept hazardous wastes for disposal ~ The Department shall, after due
review and public consultation, promulgate regulations concerning the prohibition of specified
hazardous wastes in landfills: Pronided, ‘Uhat the placement of such specified hazardous wastes in
landfills may be allowed upon determination by the Department that the prohibition for disposal of
such waste in landfills is not required in order to protect human health and the environment for as
long as the waste remains hazardous, taking into account the following factors:

(1) The long-term uncertainties associated with land disposal;

(2) The goal of managing hazardous wastes in an appropriate manner in the first instance;

and

(3) The persistence, toxicity, mobili
wastes and their hazardous constituents

umulate such hazardous

and propensity. 10 bioa

For this purpose, disposal of hazardous wastes in landfills is deemed to be protective of
human health and the environment if it is determined that there will be no migration of hazardous
constituents of the wastes from the disposal unit or injection zone: Provided, however, That the
disposal of any liquid in landfills shall be prohibited Provided, further, That the disposal in landfills of
wastes containing hazardous solvents, pesticides and polyeyclic hydrocarbons such as, among others,
forans and dioxins, as determined by the Department, after public consultation, is prohibited unless
the Department determines the prohibition of the disposal of such not required in order to
protect human health and the environment for as long as the waste remains hazardous, taking into
account the factors referred to in subparagraphs (1) to (3) of this category.

te

Within six (6) months from the preparation of the status report, the Department 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 subparagraph (3) of this category or deep
injection wells. Within twelve (12) months thereafter, the Department, when necessary, shall
promulgate regulations prohibiting disposal in landiills of such hazardous wastes listed and ranked
Provided, ‘That the Department shall prompdy publish in a newspaper of general circulation notice of
such determination, together with an explanation of the basis for such determination: Provided, ferther,
“That the storage of hazardous and radioactive wastes in landfills is hereby prohibited;

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

() Other off-site treatment facilities - Facilities in this category are those facilities that receive
hazardous wastes outside the premises and transform physical and /or chemical characteristics of the
hazardous wastes by physicochemical or thermal treatment other than incineration or in order to
dispose of them into landfills;

(g) Facilities that store hazardous and radioactive wastes which are not generated or
produced at the premises within allowable period. The storage of any hazardous and radioactive
waste is prohibited, unless such storage is solely for the purpose of the accumulation of such
quantities of hazardous wastes as are necessary t0 facilitate proper recovery, treatment ot disposal
but shall not be longer than is prescribed by the Department; and

(h) Other land disposal facilities - Facilities under this category
deep injection wells, borchole facilities, near susface facili
land treatment units /land farming and

hall include, among others,
, mined cavities, surface impoundments,
doned underground mines

SEC, 14. Closure Plan, - The owner of TSDFs shall submit a closure plan, including the funds
and human resources necessary for the same, subject to the review and approval of the Department.


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SEC. 15. Postelosure of Faiility. - Tae owner of a YSDF must close the facility upon
termination of its operation and shall, after such closure, provide for protection during a post-
closure care period, in accordance with the requirements of che Department and the closure plan,
including the fnds and human resources necessary for the same. The protection shall include, but
shall not be limited to, monitoring, repair and maintenance. The owner shall maintain a hazardous
waste facility permit for the post-closure care period pursuant to Chapter VI hereof.

SEC. 16, Environmental Impact Statement (EIS) System. - Prior to the establishment of TSDFs,
all government agencies and private corporations, firms and entities which intend to set up TSDFs
shall be subject to the Environmental Impact Statement (EIS) System pursuant to the provisions of
Presidential Decree No. 1586 and its implementing rules and regulations

SEC, 17. Formulation of Soil Qualify Standard jor Udentification of Contaminated Sites, - Within six (6)
months from the effectivity of this Act, the Department in coordination with other relevant
government agencies, shall formulate soil quality standards which shall be used to determine
contaminated sites.

SEC. 18. Registry of Contaminated Sites. - Ve Department shall maintain a registry of
confirmed contaminated sites in the country based on the soil quality standards set pursuant to
Section 17 hereof: Provided. ‘That the Department shall take all necessary action to ensure that the
registry provides a complete listing of all such sites, their exact location and the types of waste found
at each site: Provided, further, ‘That in developing and maintaining the registry, the Department shall
assess, based upon new information received, the relative priority of the need for action at each site
to remedy environmental and health problems resulting from the presence of hazardous and
radioactive wastes at such sites: Provided, finally, That any site classified as properly closed or
remediated where no evidence of present or potential adverse impact exists shall he deleted from the
registry

SEC. 19. Import and Export of Hazardous and Radioactive Wastes. - In accordance with Section
2(0 hereof, the Department and the PNRI shall promulgate rules and regulations on the import and
export of hazardous and radioactive wastes consistent with relevant multilateral international
agreements and protocols.

SEC. 20. Market-based Instruments, Responsible Care and Product Stewardship Program. - Within six
(6) months from the effectivity of this Act, the Department, in coordination with the manufacturers
of commercial or industrial products, shall identify and implement market-based instruments,
extended producer responsibility, responsible care, products stewardship programs that shall
promote cleaner production, waste minimization and resource recovery: Prowided, That the
Department shall identify and lise products that shall be covered by such programs.

CHAPTER IL
RADIOACTIVE W.

SEC. 21. Listing of Radioactive Wastes. - Within six (6) months from the effectivity of this Act,
the Department of Science and Technology (DOST) - PNRI, in coordination with the Department,
after public consultation, shall formulate and publish the criteria for identifying and listing the types
of radioactive wastes to be monitored and regulated,

SEC. 22. Classification of Radioactive Wastes. ‘The PNRI shall establish the waste classification
system based on internationally-acceptable guidelines. The classification system shall be 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



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SEC. 23. Management of Radioactive Wastes. - Pursuant to Sections 10,11 and 12 hereof, the
PNRI shall promulgate rules and regulations on radioactive wastes management. Said rules and
regulations shall be based on the best available technique to limit the outflow of radioactive
substances to the environment, taking into account the benefits as well as the cost of the technique
The technique shall be both technically and economically feasible: Provided, ‘That said rules and
regulations may be based on, but not be limited to, the following methods of managing radioactive
wastes:

{a) Dilute and Disperse - Radioactive waste with activity level that can be disposed of as
ordinary waste into the sewage, municipal landiills, ete.

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

(c) Characterization, Segregation, Treatment, Conditioning, Transport,Storage, Disposal
Methods for managing radioactive wastes containing longlived radio nuclides, including disused
sealed sources and other wastes that cannot be managed under subsections (a) and (b) of this
section: Provided, That the acceptable storage period for conditioned wastes prior to the
establishment of a final disposal repository shall be for a maximum period of fifty (50) years

SEC Guidelines for the Acceptance of Radioactive Wastes by Transporters and TSDEs, - Within six
(6) months after the effectivity of this Act, the PNRI shall formulate specific, relevant and
appropriate waste acceptance criteria for transporters and TSDFs of radioactive wastes: Provided,
That no radioactive waste shall be accepted unless it complies with the waste acceptance criteria
formulated pursuant hereof.

SEC. 25. Site Requirements and Selection Criteria. - The PNRI shall develop and promulgate
genetic site requirements for locating a final repository for radioactive wastes.

SEC. 26. Safety Arsessment and Environmental Impact Assessment (ELA) ~The PNRI shall develop
and promulgate ctiteria and regulations on the performance requirements and safety assessment of
the TSDF: Provided, That the safety assessment shall, among others, address both radiological and
nontadiological risks: Provided, further, That non-radiological ELA shall be carried out in accordance
with relevant environmental laws.

Exmergeney Prparedness. - The PNRI shall promulgate requirements and guidance on
the formulation of emergency plans commensurate to the seriousness of the accidents that could
oceur at the TSDEs.

SEC. 28. Seunity. The PNRI s!
should be in place to ensure that radioactis

IL promulgate gs

waste is not

idelines on security arrangements that
iccidentally or deliberately removed from
ther proper location without location. Particular attention shall be given to materials of intrinsic
value that could pose a serious threat to human health and the environment if control were lost.

CHAPTER IV
HAZARDOUS HEALTHCARE WASTES

SEC. 29. Listing of Hazardous Healthcare Wastes - Within six (0) months from the effectivity of
this Act, the DOH, in coordination with the Department and the DILG, after public consultation,
shall formulate criteria for identifying and listing the categories of hazardous healthcare wastes to be
tracked and regulated. In the formulation of such criteria, the DOH shall take into account, but not
he limited to, presence of infectious agents, toxicity, reactivity, ignitability and corrosivity

SEC. 30. Management of Hazardous Healthcare Wastes in Hospitals and Other Healtheare Facilities, -
Pursuant to Sections 10, 11 and 12 hereof, the DOH shall promulgate rules and regulations on the
effective management of hazardous healthcare wastes in hospitals and other healthcare facilities
Such rules and regulations shall include, but not be limited to, the following:



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(a) Hospitals and other healthcare facilities shall practice or implement waste minimization
and segregation;

) Segregation at ‘source shall be the responsibility of the waste generator;

(©) Appropriate storage receptacles or bins shall be provided for each healthcare waste
category;

(q)) Labeling of receptacle per waste category shall likewise be implemented for identification
of waste and management me: se of accidents:

fe) All hazardous healthcare wastes shall be colle
areas until transported to a TSDF;

(lrcatment of hazardous healthcare wastes on-site shall be done through appropriate
treatment methods;

(g) Upon the approval of the Department, 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: Promded, That in case of treatment of radioactive healthcare
wastes, approval

of the PNRI shall be secured;

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

(i) Yo ensure the proper management of hazardous healthcare wastes, a committee on
hazardous healtheare wastes management may be created in all healthcare facilities: Provided, That in
all level 1, level 2, level 3 and level 4 hospitals, the creation of a committee on hazardous healthcare
wastes inanagement shall be mandatory. ‘The committee shall also develop an emergency plan 10
ensure an immediate and appropriate action once an emergency occurs, For other healthcare
establishments, a hazardous healtheare waste management officer shall he designated.

sures int

d and stored in designated on-site storage

CHAPTER V
SPECIAL HAZARDOUS WASTES

SKC. M1. Collection of Special Nazardous Wastes. - Local government units (LGUs) shall be
responsible for the collection of special hazardous wastes, as listed by the Department in accordance
with Section 5 hereof, from persons and households: Provided, That the LGUs may enter into
sagecement with entities duly accredited by the Department for the collection of special hazardous
wastes,

SEC. 32. Responsible Cure Program for Special Haardons Wastes. - ‘The LGUs shall enact
appropriate ordinances implementing responsible care, extended producer responsibility or product
stewardship program that shall include, but shall not be limited to, take back or r e m to supplier
schemes, that shall promote cleaner production, waste minimization and resource recovery.

SEC. 33. Transport, Treatment, Storage and Disposal of Special Hazardous Wastes, - Upon collection
of hazardous special wastes by LGUs pursuant to Section 3 1 hereof, de tansport, treatment,
storage and disposal of special hazardous wastes shall be regulated in accordance with this Act.

CHAPTER V1
INSTITUTIONAL MECHANISM

SEC.34. Lead Agen. -‘Vhe Department shall be the lead government agency responsible for
the implementation and enforcement of this Acr, including in Philippine Economic Zone Authority
(PEZ.A) areas, special economic zones and freeports, unless otherwise provided herein. As such, it
shall have the following functions, powers and responsibilities:
{@) Prepare a National Hazardous and Radioactive Wast
(b) Prepare a National Hazardous and Radioactive Wast

Report;

Management Framework;

(© Develop and promulgare criteria for identifying and lsung the characteristics of
hazardous and radioactive wastes;


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

(©) Establish, enforce, review and revise standards for tra

hazardous and radioactive wastes;

(j Vstablish, enforce, review and revise standards applicable 10 owners and operators of
{ucilities for the weatment, storage and disposal of hazardous and radioactive wastes;

(g) Exercise jurisdiction over all aspects of generation, possession, collection, destruction,
recovery, use, storage, transportation, entry into, even in transit, txeatment and disposal of hazardous
and radioactive wastes;

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

() Revoke, modify or deny in accordance with the standards, rules and regulations,
hazardous waste transporter licenses, TSDFs permits and other permits/licenses issued in
accordance with this Act;

() Establish a cooperative effort among the national government, L
institutions, civil society and the private sector to attain the objectives of this Aet;

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

(1) Accept, receive and administer grants or other funds or gifts from public and private
agencies for the purpose of carrying out the provisions of this Act, Funds received by the
Department pursuant to this section shall accrue to the Hazardous and Radioactive Wastes
Management Funds

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

(n) Encourage, coordinate, participate
technical demonstrations relating to hazardo.
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) Oversee any corrective action work undertaken pursuant to rules and regulations issued
in accordance with this Act;

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

(®) Issue order against any person or entity and impose fines, penalties and other
administrative sanctions to compel compliance with the provisions hereof, standards, rules and
regulations issued pursuant to this Act; and

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

sporters of

academic

n oF conduct studies, investigations, research and
and radioactive wastes management as it may deem

SHC. 35. Rol of the DOH. - ‘The DOH shall be primarily responsible in performing the
following duties and responsibilities:

(@) Develop, promulgate and publish criteria in identifying and listing the categories of
hazardous healthcare wastes to he monitored and regulated

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

(©) Exercise such powers and perform such other functions as m:
the provisions of this Act.

yy be necessary to carry out

SEC. 36. Role of the PNRI - ‘The PNRI shall be primarily responsible in performing the
following duties and responsibilities:

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

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

(©) Develop and promulgate rules and regulations on the radioactive wastes management
pursuant to Section 23 hereof



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(d) Formulate specific, relevant and appropriate waste acceptance criteria for transporters
and TSDFs of radioactive wastes pursuant to Section 24 hereof

(©) Exercise jurisdiction over all aspects of gencration, 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 he necessary to catty out
the provisions of this Act

ment units shall have the

SEC. 37. Role of local Government Unite (LGUs. ~ Local gove
following duties and responsibilities:

(a) Share the responsibility for the implementation, enforcement and monitoring of the
provisions of this Act within their certitorial jurisdictions such as the registration and compliance
monitoring of generators, transports and TST

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

(¢) Segregation and collection of special hazardous wastes;

{d) Emergency preparedness and response;

(c) Participate in all efforts concerning hazardous and radioactive wastes management; and

(0 Enact appropriate ordinances to implement LGU’s role in this Act.

SEC. 38. The Interagency Technical Advicory Count (ATAC). ~ For purposes of policy
integration and harmonization and coordination of functions, there is hereby created an [ATAC
attached to the Department which shall he composed of the following officials or their duly
authorized representatives:

Secretary of Environment and Natural Resources, as chairperson;

Secretary of Health, as co-chairperson;

Secretary of Science and Technology, as co-chairperson;

Secretary of Agriculture;

Secretary of Finance;

Secretary of Trade and Industry
of National Defense;
of Foreign Affairs;
Secretary of Transportation and Communications;
President of league of cities;

President of league of municipalities;

President of league of province:

President of league of barangs
Director General of the Philippine Export Zone Authorit
Representative from civil society;

Representative from the industry;

Representative from the TSDF operators; and
Representative from the a

Secreta

cademe, as members.

‘The IATAC shall have the following functions, among others:

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

(b) Constitute and authorize a multidisciplinary body to conduct annual audit to determine
compliance of the 'ISDF operators with the terms and conditions in the permits and licenses issued
pursuant to this Act.

SEC. 39. The LALAC Technical Working Groxp. - The IATAC shall be supported by a technical
working group (TWG) which shall be composed of representatives of the following:

Environmental Management Bureau (EMB) of the Department;

Environmental and Occupational Health Office of the DOH;

Philippine Nuclear Research Institute of the DOST;


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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 ofthe Department of Finance;

Burcau of International Trade Relations of the DTI;

Board of Investments of the UTIs

Bureau of Import Services of the DTI;

Department of National Defense;

Land ‘Transportation Office of the DOTC;

Occupational Health and Safety Center of the Department of Labor and Employment;
Philippine Coast Guards

Nongovernmental organizations (NGOs);

Industry; and the Academe.

The TWG shall provide technical support to fhe IATAC

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

SEG. 41. Visitorial Powers. “The Department, the PNN and the DOH or their duly authorized
representatives shall have access to, and the right to copy therefrom, the records required to be
maintained pursuant to the provisions of this Act. The Secretary of the Department and the DOH
and the Director of the PNRI or their authorized representatives shall likewise have the right to
enter the premises of any generator, transporter or ISDF any time to question any employee or
investigate any fact, condition or matter which may be necessary to determine any violation, of
which may aid in the effective enforcement of this Act and its implementing rules and regulations,
This section shall not apply to private dwelling places unless the visitorial power is otherwise
judicially authorized.

CHAPTER VII
PERMITS AND FEES

SEC. 42. Permits for Treatment, Storage or Disposal of Ha
issuance of Permit - Any person owning

sardons and Radioactive Wastes. - (a)
n existing or a new ‘TSDF of hazardous or radioactive
' identified or listed pursuant to this Act is required to secure a permit or license pursuant t
this section. The Department and the PNRI shall prescribe reasonable fees for the issuance of said
permit or license.

(b) Duration of Permit -Any permit under this section shall be issued annually during the
first three (3) years of operation as a TSDF. Thereafter, the Department and the PNRI may issue a
permit or license which is valid for five (5) years to a TSDF who has satisfactorily complied with the
tules and regulations issued pursuant to this Act for three (3) consecutive years: Provided, ‘That an
annual audit shall he conducted by a multidisciplinary body constituted and authorized by the
LATAC created pursuant hereof

(c) Permit Modification, Suspension and Revocation - The Department 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,

(d) Interim Status - Any person who owns a TSDF in existence prior to this Act which is
required to have a permit under this section shall he ueated as having been issued such permit for a
petiod of twelve (12) months after the effectivity of this Act: Provided, That the requited application
for a TSDF permit or license shall have been tiled within the said twelve (12)-month period: Provided,



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further, Voat this paragraph shall not apply to any facility which has been previously denied a TSDF
permit or license or if authority to operate the facility has been previously terminated,

SEC. 43, Hazardous and Radioactive Wastes Transporter License.

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

(b) Duration of License - A waste transporter license issued under this section shall be valid
for a period of one (1) year

(©) License Modification, Suspension and Revocation — The Department and the PNRI shall
modify, suspend and revoke such license upon a determination of noncompliance by a transporter
with the relevant provisions of this Act or the terms and conditions of the permit. A license is not
required for the transport of any hazardous or radioactive waste on the premises where it is
generated or onto a property owned by the generator thereof located within a one (1)-kilometer
radius from said premises or within the same industrial estate: Provided, That the Department is
notified in writing prior to the transfer and a week after the transfer has been completed, Nothing in
this section shall be interpreted to preclude the Department and the PNRI from inspecting
unlicensed hazardous waste transporting equipment and to require that it be adequate to provide
protection for the health of humans and the environment

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

(@) To provide strong economic inducement for generators to modify their production or
management processes;

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

(©) Reflect damages caused by hazardous and radioactive wastes on the surrounding
environment, including the cost of rehabilitation:

(o) Category of wastes; and

(¢) Classification of wastes.

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

CHAPTER VIL
FINANCING HAZARDOUS WASTES

MANAGEMENT

SEC. 45. Financial Liability jor Environmental Rebabilitation, —
generators and owners of TSDPs to put up Environmental Guarantee Fund (EGP) as part of the
Environmental Management Plan attached to the Environmental Compliance Certificate (ECC),
pursuant to Presidential Decree No. 1586 and its implementing rules and regulations. The EGF shall
finance the needs of emergency response, clean up or rehabilitation of areas that may be damaged
during the generation, transport, treatment, storage 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 Department. The EGF may be in the form
of a trust fund, environmental insurance, surety bonds, letters of credit, self-insurance and any other
instrument which may be identified by the Department. The choice of the guarantee instrument or
combinations thereof shall depend, among others, on the assessment of the risks involved.
Proponents required to put up guarantee instruments shall furnish the Department with evidence of
availment of such instruments.

he Department shall require

SEC. 46. Performance Bond. -Prior to issuance of the required permit to operate, the
Department shall require transporters, owners of treatment and storage facilities to post
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:


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Provided, That this provision shall not apply to State-owned ueatment and storage facilities and 10
recyclers identified and listed as such, pursuant to this Act.

CHAPTER IX

INCENTIV

17. Rewunds. - Rewards, mone herwise, shall be provided to individuals, private
organizations and entities, including NGOs that have undertaken outstanding and innovative
projects, technologies, processes and techniques or activities in hazardous and radioactive wastes
management, Said rewards shall be sourced &om the Hazardous and Radioacuve Wastes
Management Fund herein created.

SEC. 48. Inventives Scheme. An scheme is hereby provided for the purpose of
encouraging enterprises, private entities, LGUs and NGOs to develop or undertake an effective
hazardous and radioactive wastes management, or actively participate in any program geared towards
the promotion thereof, consistent with the objectives of this Act.

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

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

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

(3) There is an approval from the Board of Investment BOD of the DTI for the
importation of such machinery, equipment, technology and spare parts: Provided, further, That the
sale, transfer or disposition of such machinery, equipment, technology and spate parts, without prior
approval of the BOI, within five (5) years rom the date af acquisition shall be prohibited; otherwise,
the registered enterprise, LGU or NGO concerned and the buyer, tansferee or assignee shall be
solidarily liable to pay twice the amount of tax and duty exemption given it,

(b) Tax Exemption 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 he used for the processing, storage and treatment of
hazardous and radioactive wastes, shall be exempted from any applicable taxes imposed under the
National Internal Revenue Code of 1997, as amended Pronided, That said incentive shall he subject to
the same conditions and prohibition cited in the preceding paragraph,

(©) Tax Exemption of Donations, Legacies and Gifts - All do gifts and legacies made
Ly 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 he
exempt from donor's tax and such amount of donations shall be deductible from the gross income
of the donor pursuant to Section 34, paragraph (H) of the National Internal Revenue Code of 1997,
sas amended.

(@) Financial Assistance Program - Government financial institutions such as the
Development Bank of the Philippines (DBP), the Landbank of the Philippines (LBP), the
Government Service Insurance System (GSIS) and such other government institutions providing
financial services shall, in accordance with and to the extent allowed by the enabling provisions of
their respective charters or applicable laws, accord high priority to extend financial services 10
individuals, enterprises or private entities engaged in hazardous, radioactive, medical and hazardous
special wastes management.

(©) Extension of Grants to LGUs - Cities or municipalities whose special hazardous wastes
management programs have been duly accredited by the Department or have adopted innovative
wastes management programs may be entitled to receive grants for the purpose of developing theit



technical capacities toward actively participating in the program for effective and sustainable wastes
management

( \ncentives to Host LGUs - LGUs which host common hazardous and radioactive wastes
management facilities shall be entitled to incentives as provided for under this Act.

(@) ‘Tax Exemption on Hazardous Wastes Generated Within PEZA Areas, Freeports and
Other Special Ecozones - Hazardous waste materials generated within PEZ areas, Freeports and
other special ecozones shall be allowed to be brought to the Philippine customs territory for the sole
intention of recycling and treatment, and shall be exempted from payment of any tax due on said
hazardous wastes: Provided, ‘That said recyclable hazardous waste materials are identified and listed
in accordance with Section 5 of this Act.

CHAPTER
CIVIL LIABILITY AND PENAL PROVISIONS

SEC. 49. Generator’s Liability. - The generator is. Primarily responsible for the management
of hazardous and radioactive wastes until said waste has been certified as properly treated ot
disposed by duly accredited TSDFs: Provided. That wastes that are exported outside of the county
and treated aid disclosed in accordance with international agreements, the TSDFs in the counuy 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 waste shall be jointly and
severally liable with the generator in the event of any adverse environmental impacts due to the
improper management of the waste.

SEC. 50. Prohibited Acts. -The following act
dumping of hazardous or radioactive wastes,
ronds, sidewalks, canals, esteros, parks, ¢
or permitting the same;

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

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

(a) Operating TSDFs without permits issued pursuant /9 this Act;

(6) Transporting hazardous or radioactive wastes without the required permit ot license
pursuant to this Ae

are prohibited (a) Discarding, throwing or
as listed pursuant to this Act in public places, such as
ablishments and municipal solid waste facilities, or causing

(lhe mixing of source-separated te: with other hazardous wastes in any
vehicle, box, container or receptacle used in hazardous or radioactive wastes collection or disposal;

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

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

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

(@ Open burning of hazardous or radioactive wastes;

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

() Treating, storing or disposing of any hazardous or radioactive waste cither: (1) without
permit or license to do so pursuant hereof; oF 2) in knowing violation of any material condition ot
requirement of such permit or license; or (3) in violation of any standard promulgated pursuant to
this Act;

(m) Making any false material statement, representation or certification in any application,
label, permit, record, report, manifest or other document filed, maintained or requited to be
maintained under this Act;

(a) Falsifying, tampering with or rendering inaccurate any monitoring device of result
therefrom used, filed, maintained or required to be maintained under this Act;



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

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

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

(®) Imporung or causing or permitung the entry, even in trans
violation of the provisions of this Act and its implementing ru
international agreements and protocols;

(9) Constructing, substantially altering or operating, including all postclosure 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

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

into Philippine territory in
and regulations, and relevant

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

SEC. 51. Fines, Damages and Penattes. - Unless otherwise provided herein, any person who
commits any of the prohibited acts provided in the immediately preceding section or violates an
the provisions of this Act or its implementing rules and regulations shall be fined by the Pollution
Adjudication Board (PAB) in the amount not less than Ten thousand pesos (P10,000.00) but not
more than One hundred thousand pesos (P100,000.00) for every violation: Provided, ‘That for
violation of Section 52 involving prohibited acts under paragraphs (a), (@), (h), @, @, (p). () and (0)
of the immediately preceding section, the fine shall be imposed for every day of violation.

For purposes of the application of the fines, the PAB, within one (1) year upon the
effectivity of this Act, shall establish a fine rating svstem to adjust the maximum fine based on the
violator’s ability to pay, degree of willfulness, degree of neglige:
history of noncompliance and degree of recaleitrance.

oF
of

., degree of severity of the offense.

The fines herein prescribed shall be reviewed and revised, whenever necessary, every three
(3) years to compensate for inflation and to maintain the deterrent function of such fines: Provided,
That the PAB may order the closure, suspension of development or construction, ot cessation of
operations until such time that proper environmental safeguards are put in place and/or compliance
with this Act or its rules and regulations are undertaken. This paragraph shall be without prejudice to
the issuance of an ex parte order for such closure, suspension of development or construction, or
cessation of operations during the pendency of the case: Pronided, further, That if the prohibited act
undertaken shall require cleanup and rehabilication, the offender shall also be required to restore or
compensate for the restoration of the area.

‘The PAB may also award such damages as it may deem just under the circumstances in favor
of the private complainant in the ease.

In case of gross violation of this Act, the PAB shall issue a resolution recommending that
the proper government agencies file criminal charges against the violators. Gross violation shall
mean any of the following:

@) Deliberate disposal of hazardous ot radioactive wa
pursuant to thi

(b) Three @) or mote violations referred to in paragraphs (a), (d), (g), (k), () and (m)o fF
Section 50 heteof within a period of two (2) years; or {c) Blatant disregard of the orders of the PAB,
such as the nonpayment of tines, breaking of seals or operation of the source of pollution despite
the existence of an order for closure, discontinuance or cessation of operation, or unjustified refus
for the entry or access to any premises of an authorized Department representative. In which case,

without th

quired permit issued



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offenders shall be punished a fine of not less than Onc hundred thousand pesos (P100,000.00) but
not more than Three million pesos (P3,000,000.00) and /or with imprisonment of not less than three
3) yeats but not more than ten (IO) years, at the discretion of the corn. If the offender is a juridical
person, the chief executive officer and the pollution control officer or its equivalent shall suffer the
penalty herein provided Provided, That the officers and incorporators of the TSDFs who violated the
post-closure requirements issued pursuant to Section 15 hereof shall be banned from setting up
TSDES and hazardous and radioactive waste transport companies and engaging in the operation of
the same.

If the offender is an alien, he or she shall, after service of the sentence prescribed above, be
deported without farther administrative proceedings.

The fines herein prescribed shall be reviewed and revise
(3) yeats to compensate for inflation and to maints

whenever necessary, every three
ain the deterrent function of such fines

SEC. 52, Administrative Sanctioas. - Local government officials and officials of government
agencies concerned who fail to comply with and enforce rules and regulations promulgated relative
to this Act shall be charged administratively in accordance with Republic Act No. 7160 and other
existing laws, rules and regulations.

SEC. 53. Administrative Adion, - Without prejudice to the right of any affected person to file
an administrative action, the Department, the DOH and the PNRI shall, on its own instance or
upon verified complaint by any person, institute administrative and civil proceedings against any
person who violate:

@) Standards of limitations provided under this Act; or

(b) Any order, rule or regulation issued by the Department, the DOH or the PNRI with
tespect to such standard or limitation.

SEC, 54. Citizen suits. ~ For purposes of enforcing the provisions of this Act or its
implementing rules and regulations, any citizen may file an appropriate civil, criminal or
administrative action in the proper courts ot bodies against the following:

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

(6) 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, bower. That no svit can be filed until after a thirty (30)
lay 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 fade showing of the non-
enforcement or violation complained of, exempt the plaintiff from the filing of an injunction bond
for the issuance of a preliminary injunction

Within thirty (30) days, the court shall make a determination if the complaint hercin is
malicious and/or baseless and shall accordingly dismiss the action and award atromey’s fees and
da

es.

SEC. 55. Suits and Strategic Legal Action Against Public Participation (SLAP) and the Finforvement
of this Act, - Where a suit is brought against a person who filed an action as provided for in Section
54 of this Act, or against any person, institution or government agency that implements this Act, it
shall be the duty of the investigating prosecutor or the court, as the case may be, to immediately
make a determination not exceeding thirty (30) days whether said legal action has been filed to



Secon auavon—

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

SEC. 51. Researh on Hazardous and Radioactive Wastes Management ~The Department, after
consultations with the cooperating agencies, shall encourage, cooperate with and render financial
and other assistance to appropriate government and private agencies, institutions and individuals in
the conduct and promotion of researches, experiments and other studies on hazardous and
radioactive wastes management, particularly those relating to:

@ adverse health welfare effects of the release into the envionment of hazardous and
tadionctive wastes, and methods to eliminate said effects or minimize the health risks;

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

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

(@) the production of usable forms of recovered resources, including fuel from hazardous
wastes;

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

() cleaner production technologies;

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

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

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

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

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

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

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

SEC, 59. Environmental Education in the Formal and Nonformal Sectors. - The national
government, through the DepEd and in coordination with concerned government agencies, NGOs
and private institutions, shall strengthen the integration of cavironmental concerns in school
curricula at all levels, with particular emphasis on hazardous and radioactive wastes management
principles in order co promote environmental awareness and action among the citizenry.


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SEC. 60. Business and Industry Rol. ~ The Department, the DOH and the PNR} shall
encourage commercial and indusuial establishments, through appropriate incentives other than tax
incentives, to initiate, participate and invest in integrated hazardous and radioactive wastes
management projects; (0 manufacture environment friendly products; to introduce, develop and
adopt innovative processes that shall recycle and reuse matcrials, 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 XI
FINAL PROVISIONS

SEC. 61. Appropriations. “he Secretaries of the DENR, the DOH and the DOST shall
include in their progeams the implementation of this Act, the funding of which shall be included in
the annual General Appropriations Act. In addition, the departments concerned may accept
donations, contributions, grants, bequests or gifts, in cash or in kind, Gom various sources, domestic
or foreign, for purposes relevant to hazardous and radioactive wastes management function
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 mules and
regulations.

SEC. 62. Implementing Rules and Regulations, - Within one (1) year after the effectivity of this
Act, the Department, the DOH and the PNRI, in coordination with the Committees on
Environment and Ecology of the Senate and the House of Representatives, respectively, shall
promulgate the implementing rules and regulations of this Act: Pryrided, hat rules and regulations
issued by other government agencies and instrumentalities selative to hazardous and radioactive
wastes management consistent with this Act shall supplement the rules and regulations issued by the
DENR, the PNRI and the DOH pursuant to the provisions of this Act. There shall be a mandatory
review of the implementing rules and regulations and standards set pursuant to the provisions of this
Act

SEC. 63. Joint Congressional Oversight Committe. - There is hereby created a Joint Congressional
Oversight Committee to monitor the implementadon of this Act. The Committee shall be
composed of five (5) Senators and five (5) Representatives, to he appointed by the Senate President
and the Speaker of the House of Representatives, respectively. The Oversight Committee shall be
co-chaired by a Senator and a Representative designated by the Senate President and the Speaker of
the House of Representatives, respectively.

SEC, 64. ‘Transitory Prowision. - Pending the establishment of the Framework under Section 8
hereof and the promulgation of the implementing rules and regulations of this Act, pertinent
existing laws, regulations, programs and projects on hazardous and radioactive wastes management
shall be enforced: Provided. ‘That for specific undertaking; the same may be revised in the interim in
accordance with the intentions of this Act.

SEC. 65. Report to Congress. - The Deps

went shall report to Congress not later than March
30 of every year following the approval of this Act, detailed account of its accomplishments and
progress on hazardous and radioactive wastes management during the yeat and make the necessary
recommendations in areas where there is a need for legislative action.

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



Sey AauEune

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SEC. 67. Repeating Clanse. - Republic Act No. 6969, 4
No. 9003, Republic Act No. 7160 and Republic Act No. 206 ded, are duly modified. All
laws, decrees, issuances, rules and regulations or parts thereof inconsistent with the provisions of
this Act are hereby repealed or modified accordingly

SEC. 68. B ‘This Act shall take effect fifteen (15) days after its publication in at least
nwo (2) newspapers of general circulation.

Approved,