NINETEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES _)
First Regular Sessi )

HOUSE OF REPRESENTATIVES

No. 1347

House

Introduced by Representative Christian Tell A. Yap

EXPLANATORY NOTE

Hazardous wastes are substances, or electrical and electronic equipment, discarded from
households, commercial and industrial establishments, institutions and healthcare facilities, or from
any person, which, because of its concentration or its physical, chemical, or infectious characteristics,
may cause or significantly contribute to increase in mortality or serious illnesses, or pose an
unreasonable risk and potential threat to human health and the environment. Radioactive wastes are
waste materials that contain or are contaminated with radio nuclides at concentrations or activities
greater than clearance levels as established by the Philippine Nuclear Research Institute (PNRI) and

for which no use is foreseen.

Hazardous and radioactive wastes can harm humans, animals, and plants if they encounter
these toxins buried in the ground, in groundwater that supplies drinking water, in other bodies of water,
or in floodwaters, Some toxins, such as mercury, persist in the environment and accumulate, Humans
or animals often absorb them when they eat fish. They can cause death, injury or birth defects to living

creatures. They spread quite easily and can contaminate lakes, rivers, and the atmosphere.

Although there are already laws dealing with the proper treatment, storage, and disposal of
radioactive and hazardous wastes, they are not comprehensive enough and are scattered in different
republic acts and presidential decrees. The different government agencies tasked in implementing
these laws are not coordinated with each other.

The bill seeks to institute a framework of safe, proper and comprehensive management of
hazardous and radioactive wastes including effective inter-agency coordination from the national

government that would serve as guidance for the local government and the private sector.
y



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NINETEENTH CONGRESS

REPUBLI

)
OF THE PHILIPPINES —)

First Regular Session )

HOUSE OF REPRESENTATIVES
* House Bill No. 134 7

Introduced by Representative CHRISTIAN TELL A. YAP

AN ACT

PROVIDING FOR THE COMPREHENSIVE MANAGEMENT OF HAZARDOUS

Be it enact
assembled:

WASTE

d by the Senate and House of Representatives of the Philippines in Congress

CHAPTERI
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Hazardous Waste
Management Act”.

SEG. 2. Declaration of Policy. — It is hereby declared the policy of the State to advance
the in ee of human health and the environment from the potential risks of hazardous waste

within the f
special hou:

(a

©

©

imework of sustainable development, which includes healthcare waste, E-waste, and
hold hazardous waste. Towards this end, the State shall:

Develop and implement an integrated and comprehensive national and local hazardous

aste management program, focusing on pollution prevention, control and resource

fonservation and recovery, that shall:

Improve waste management techniques, organizational arrangements, and
methods of collection, separation, and recovery of hazardous waste;

Minimize the generation of waste by encouraging cleaner production, process
substitution, resource recovery, recycling, and treatment;

Promote environmentally safe disposal of residue: and,

Raise public awareness and integrate public participation on the development and
implementation of hazardous waste programs:

romulgate guidelines for the generation, collection, segregation, transport, recovery,
torage, treatment, and disposal of hazardous waste, including safeguards, emergency,
\d contingency plans for accidents involving such waste;

‘stablish measures to determine if imported reusable raw materials are hazardous or
-ontain hazardous substances;


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(@)

©)

(0)

romote a national research and development program for improved hazardous waste
Yanagement, resource conservation, and cleaner production techniques;

formulate and enforce a system of accountability for generators, including the
omotion of cleaner production techniques, extended producer responsibility, product
-wardship, and social responsibility program:

trengthen the integration of hazardous waste management and resource conservation
ind recovery topics into the formal and non-formal education academic curricula, in
der to promote environmental awareness and action among the citizenry; and,

(g) Regulate the entry and transit of hazardous waste for whatever purpose, consistent with

international law, including multilateral or bilateral international agreements.

SEC. 3. Definition of Terms. — As used in this Act:

(a)

()

(©)

@

©

(0)

(g)

(h)

@

Best available technique refers to any state-of-the-art technology or technological
method, which is attainable, accessible, and necessary to meet the standards
promulgated pursuant to this Act, and other relevant environmental laws;

Best environmental practice refers to application of the most appropriate combination
of environmental control measures and strategies;

Contaminated site refers to an area where the presence of soil contamination presents a
potential risk to humans, water, ecosystems, or other receptors based on the standards
to be set pursuant to Section 17 hereof;

Disposal refers to the discharge, deposit, injection, dumping, spilling, leaking or placing
of any hazardous waste into the environment;

E-waste refers to discarded electrical and electronic equipment, units, devices, or any
part thereof destined for recovery, recycling, treatment, or disposal;

Hazardous waste refers to any equipment, device, material, or substance, discarded
from any household, commercial or industrial establishment, institution, or healthcare
facility, which waste may significantly contribute or pose an unreasonable risk or
potential threat to human health and the environment due to its concentration or
physical, chemical, or infectious characteristic, including its toxicity, reactivity,
ignitability, and corrosivity;

which provide for the identification, listing, collection, segregation at source, storage,
transport, recovery, processing, reprocessing, treatment, and disposal of hazardous
waste;

wr waste management refers to the systematic administration of activities
hicl

Hetlthcare waste refers to the pathological and non-pathological infectious waste
gerlerated from any healthcare facility, including those generated from any household,
commercial, or industrial establishment;

Manifest or consignment note refers to a record prescribed by the Department of
Enyironment and Natural Resources (DENR) accompanying the hazardous waste from
the point of generation to final disposition thereof;

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Open burning refers to the destruction of waste by means of direct exposure to fire;



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4B

(k)_ Resource recovery refers to the collection, extraction or recovery of recyclable materials
from the waste stream for the purpose of recycling, generating energy or producing a

0)

(m)

(n)
al
m

luct suitable for beneficial use, provided that the recovery excludes incineration as
fined under Republic Act No. 8749, otherwise known as the “Clean Air Act of 1999"

*gregation refers to a waste management practice of separating different materials
und in hazardous waste, in order to promote recycling of resources and to reduce the
lume of waste for more efficient collection and disposal;

ecial household hazardous waste refers to consumer or industrial goods or products
scarded from households, including E-waste and healthcare waste which, by their
ardous content or substance can, at the end of their shelf life, become hazardous
hen indiscriminately disposed and released to the environment;

forage refers to the containment of hazardous waste, either on a temporary basis or for
;period of years, consistent with the guidelines prescribed by the DENR and in such a
janner as not to constitute disposal of the waste:

(0) Surface impoundments refer to pits, ponds, lagoons, and dike areas that are either

ny
™

dl
st
r

SEC.
collection,
the country.

For tht

(@) hi

tural topographic depression or man-made excavations that are primarily of earthen
terials, These are designed and constructed to hold or store and treat liquid waste or
faste containing free liquids through processes such as evaporation, cooling, aeration,
joto decomposition, and settling; and,

pl
() sresinent refers to any method, technique, or process designed to change the physical,

emical or biological character or composition of any hazardous waste so as to render
ich waste nonhazardous, safe for transport, feasible for recovery and storage, or
duced in volume.

4. Coverage of this Act. — This Act shall apply to the generation, possession,
ecycling, recovery, storage, transport, treatment, and disposal of hazardous waste in
ie purposes of this Act, hazardous waste shall cover the following:

yardous waste, in general;

(b) special household hazardous waste;

© h
(@ E

falthcare waste; and,
‘waste.

This Act shall likewise cover the entry into or transit through Philippine territory of

hazardous

jaste.

CHAPTER II
MANAGEMENT SYSTEM

Article One
General Provisions

Identification and Listing of Hazardous Waste. — Within six (6) months from the

effectivity of this Act, the DENR shall, after notice and public consultation, develop, formulate

and publish

the criteria for identifying and listing the characteristics of hazardous waste, taking

into account relevant factors such as toxicity, reactivity, ignitability, corrosivity, degradability in



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nature, and potential for accumulation in tissue. The criteria shall be reviewed and revised every
five (5) years thereafter, or as the need arises.

SEC. 6. Notification of Hazardous Waste Activity. — Upon the effectivity of this Act, any
person genetating or managing hazardous waste is required to notify, in writing, the DENR and
jent of Health (DOH) of their hazardous waste activities, and register the same
fying the types of waste, quantities, and incidents involving hazardous waste,

SEC. 7. National Hazardous Waste Status Report. - Within six (6) months after the
formulation of the criteria for the identification and listing of hazardous waste pursuant to this Act,
the DENR, in coordination with the DOH and other concerned agencies, shall prepare an annual
National Hazardous Waste Management Status Report, hereinafter referred to as the Status Report,
which shall |be used as a basis in formulating the National Hazardous Waste Management
Framework as mandated in Section 8 of this Act. The Status Report shall include the following:

fies;

(a) Inyentory of existing hazardous waste and their depots and faci

(b) General waste characterization, taking into account the source, type, and quantity of
hazardous waste generated and other factors;

(©) Projection of hazardous waste generation, including quantity for reduction, and
recovery:

(d) Listing of treatment, storage, disposal (TSD) facilities, including transporters of
hazardous waste; and,

(e) Listing of identified contaminated sites.

SEC. 8, National Hazardous Waste Management Framework. — Within eighteen (18)
months from) the effectivity of this Act, the DENR, in coordination with the DOH and other
appropriate agencies and entities, shall prepare and formulate a National Hazardous Waste
Management Framework, herein referred to as the “Framework”, which shall be updated every
five (5) years thereafter. It shall embody policies established pursuant to this Act, and shall
specifically contain the following:

(a) Goals and targets for waste reduction;
(b) Strategies and techniques for hazardous waste control;

(©) Systems for the proper transport, treatment, storage, and disposal of hazardous waste;
(@) Period of compliance for waste reduction;

(e) Monitoring and evaluation;

(8) Information and education campaign;

(g) Human resource welfare and development; and,
l

(h) Roles and responsibilities of relevant government agencies.

The Framework shall be adopted as the official blueprint for hazardous waste management
and shall be complied with by all relevant government agencies.



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SEC. 9. Use of Best Available Technique and Best Environmental Practice in
Hazardous Waste Management. — Generators and owners of TSD facilities shall be required to
use the best available technique and best environmental practice (BAT/BEP) in hazardous waste
management. The Industrial Technology Development Institute of the Department of Science and
Technology (DOST), in coordination with the Inter-Agency Technical Advisory Council created
herein, shall formulate the criteria in assessing the proposed BAT/BEP to be used. In the
formulation and imposition of these criteria, the relative economic feasibility of the technology

shall also

Act, the DI

be|considered.

ee Market-Based Instruments, ~ Within six (6) months from the effectivity of this

R, in coordination with the manufacturers and importers of commercial and industrial

products containing regulated hazardous substances, and other relevant stakeholders, shall
establish the guidelines for the implementation of market-based instruments that promote cleaner
production, Waste minimization and resource recovery, and proper treatment and disposal of

hazardous
responsibil

waste, which may include extended producer responsibility, buy-back programs, social
lity, and product stewardship programs.

SEC. 11. Importation of Recyclable Materials Containing Hazardous Substances - The

DENR shi

all promulgate the rules and regulations on the importation of recyclable materials

containing hazardous substances, and shall ensure that these are consistent with international law
and agreements and applicable standards for the protection of the environment.

SEC. 12. Responsibi
after the eff

Article Two
Responsibilities of Waste Generators, Transporters, and Owners
of Waste Treatment, Storage, and Disposal Facilities

ies of Generators of Hazardous Waste. — Within six (6) months
tivity of this Act, the DENR, in consultation with other relevant agencies and

stakeholders, shall establish the responsibilities of generators of hazardous waste to ensure the
proper management of the generated hazardous waste. Waste generators shall bear the cost for the
proper storage, transport, treatment, and disposal of waste. Among other responsibilities,

hazardous

(a)

(b)

©

@)

(3)

Wabte generators shall perform the following:

Keep a record of the nature, composition, quantities, and disposition of the hazardous
waste generated at their facility, and of the trainings undergone by their personnel in
waste handling and emergency procedures;

Use appropriate storage facilities and containers to prevent the release of hazardous
substances to the environment;

Allocate funds for the treatment, storage, and disposal of hazardous waste, taking into
account the “Polluter Pays” principle and other relevant standards;

Properly label all containers used for the storage, transport, or disposal of hazardous
was

Use|a manifest or consignment note system and any other means necessary to assure
that|all hazardous waste generated are designated and recorded for treatment, storage,
or disposal in registered TSD facilities. The manifest shall also record transportation
details of said waste;

Establish emergency and contingency plans to minimize damage in case of accidents,
and|to contain and mitigate the effects of spills and accidents that may occur in
connection with the generation, transport, storage or disposal of such waste;



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SaRES

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(g) Employ the services of transporters and TSD facilities that have been issued permits

(h)

pursuant to this Act; and,

Submit relevant data to the DENR and other relevant agencies, as may be required.

SEC. 13. Responsibilities of Transporters of Hazardous Waste. — Within six (6) months
after the effectivity of this Act, the DENR, in coordi
Transportatipn (DOTr), shall establish the responsi
guidelines

(b)

©)
(a)
(e)

()

SEC. [4. Responsi

tion with the DOH and the Department of
ies of waste transporters and prescribe
Ay the transport of hazardous waste to protect human health and the environment. The
ies of hazardous waste transporters shall include the following:

Keep a record of waste transportation activities, indicating therein the sources of
transported waste and the points where the same were delivered;

Register carriers following safety standards that prioritize public health and protection
off the environment.

Transport waste only if properly labeled, consistent with international standards;
Transport waste to the TSD facility designated by the generator;

Establish emergency and contingency plans to minimize damage in case of accidents,
and to contain and mitigate the effects of spills and accidents that may occur in
connection with the transport of such waste; and,

Coordinate with other concerned government agencies in connection with the transport
offhazardous waste to designated TSD facilities.

and Standards of Performance for Owners of Hazardous

Waste TSD) Facilities. - Within six (6) months after the effectivity of this Act, the DENR, in
coordination| with the DOH, shall establish the responsibilities of the owners of TSD facilities for

hazardous
respective

aste: Provided, That the DENR, and the DOH where applicable, shall distinguish the
standards to be observed by new and existing facilities at the time of the effectivity of

this Act. These standards shall include the following:

(a)

(b)

©)

@

@)

Performance standards for the design, construction, operation, maintenance, and
monitoring of the facility;

Fihancial and personnel requirements and standards to ensure adequate resources
throughout the life cycle of the facility;

Requirements, standards, procedures, and permits necessary for the closure,
decommissioning and post-closure care, monitoring and maintenance and use of the
facility;

Waste acceptance requirements and procedures for different types of hazardous waste

packages: and,

Management, engineering controls, medical surveillance, and use of personnel
protective equipment to minimize the exposure of workers to the hazards associated
with the collection, transport, storage, treatment, and disposal of hazardous waste.

SEC. 15. Categories of TSD Facilities. — Within six (6) months from the effectivity of this
Act, the DENR shall formulate specific, relevant, and appropriate criteria for waste acceptance and
standards for the different categories of TSD facilities as follows:



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(@)

(b)
©

@

©

1)

@)

Facilities that employ fixed or mobile equipment to conduct on-site treatment and
lisposal of hazardous waste generated or produced at the premises for noncommercial
purposes. - The DENR shall encourage on-site treatment of hazardous waste by,
providing for incentives pursuant to Chapter V of this Act, among other things:
Pi
u

&

‘ovided, That generators that undertake partial treatment of waste shall not be placed
\der this category;

Facilities that conduct treatment of hazardous waste;

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

Long-term environmental uncertainties associated with land disposal of hazardous
waste;

2.) Prioritization of appropriate management of hazardous waste; and,

3.| Persistence, toxicity, mobility of hazardous waste and its hazardous components,
and their propensity to bioaccumulate.

For this purpose, utmost care shall be exercised to ensure that the hazardous constituents
of waste disposed in landfills do not migrate to the environment. The disposal in waste
landfills containing hazardous solvents, pesticides, and polycyclic hydrocarbons as
determined by the DENR after public consultation, is prohibited.

Facilities that recycle or reprocess hazardous waste that is not generated or produced
at the premises. - These are facilities that receive and undertake off-site treatment of
lous waste, including the recovery of valuable materials from it, use of it as input
{terial or as fuel for production, or its production into compost through biological
reatment. This category includes facilities for recycling of used lead-acid batteries,
precious and non-precious metals, and oil. The DENR, in coordination with the DOST,
shall promulgate standards for this category;

saz

Facilities that receive hazardous waste off-site or outside of the premises where the
waste is generated or produced, and transforms the physical or chemical characteristics
of the hazardous waste, for disposal into landfills and other disposal sites;

Facilities that store, within an allowable period, hazardous waste that is not generated
or produced within its premises. — In these facilities, the storage of any hazardous waste
is prohibited unless such storage is undertaken solely for the purpose of consolidation
prior to proper recovery, treatment or disposal, but which consolidation shall not take
longer than the period prescribed by the DENR; and,

Other land disposal facilities. - Engineered facilities under this category include deep
injéction wells, borehole facilities, near surface facilities, surface impoundments, land
farming, and abandoned underground mines.

The DENR shall, as the need arises, revise the regulations, standards, guidelines, and

categories of TSD facilities, taking into account improvements in the technology of control and
measurement.

SEC. 16. Closure Plan and Post-Closure of Facility. — The owner of a TSD facility shall

submit a closhire plan to address the potential environmental impact and health risk arising from

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the facility. The plan shall include rehabilitation, remediation, and monitoring measures and

processes, as|
the closure.

existing facil
The plan shal

Prior

well as the budgetary, resource, and personnel requirements necessary to implement

Submission of the plan shall be required prior to the operation of new facilities, For

ties, the plan shall be submitted within six (6) months after the effectivity of this Act.
I be reviewed and approved by the DENR.

the closure or termination of the TSD operation, the owner of the facility shall secure

a hazardous waste post-closure permit from the DENR. The permit shall be maintained during the

period of stri

SEC. 1

implementation of the approved post-closure plan.

Guidelines for the Management of Contaminated Sites. — Within six (6) months
tivity of this Act, the DENR, in coordination with other relevant government

from the ore
agencies, shall formulate the identification, characterization, remediation, clean up, and site

control guide

‘lines for the determination and management of contaminated sites. The DENR shall

update these guidelines as the need arises.

The DENR shall maintain a Registry of contaminated sites and make this information

accessible to

SEC.
Waste. — Anj
waste purs

tthe public.
Article Three
Registration Certificate and Fees
8. Registration Certificate for Treatment, Storage, or Disposal of Hazardous

person or entity who is operating or intends to operate a TSD facility for hazardous
it to this Act, shall secure a registration certificate as prescribed under this section.

The DENR shall prescribe reasonable fees for the issuance of the said registration certificate.

The registration certificate shall be issued annually during the first three (3) years of

operation of
validity of fi
regulations i
the TSD faci

‘a TSD facility. Thereafter, the DENR may issue a registration certificate with a

e (5) years to a TSD facility that has satisfactorily complied with the rules and

sued pursuant to this Act for the first three (3) years of its operation: Provided, That

lity shall undergo an annual audit to be conducted by a multidisciplinary body

constituted and authorized by the IATAC.

The DE
facility with
registration.

SEC. 1!
waste trans
hazardous
registration c|
TSD facility.

The DI
transporter wi

SEC.
from the effe
Interior and

INR shall modify, suspend, or revoke such registration for noncompliance by a TSD
the relevant provisions of this Act, or with the terms and conditions of such

. Registration Certificate for Hazardous Waste Transporter. - The hazardous
yrter that has a service agreement with a TSD facility shall be required to secure a
ste transport registration certificate from the DENR. The validity of a transport
‘rtificate shall coincide with the validity of the registration certificate issued to the

INR shall modify, suspend, and revoke the registration for noncompliance by a
ith the provisions of this Act or with the terms and conditions of such registration.

Article Four
Hazardous Healthcare Waste

Listing of Hazardous Healthcare Waste Categories. — Within six (6) months
tivity of this Act, the DOH, in coordination with the DENR and the Department of
ocal Government (DILG), and after public consultation, shall formulate the criteria

for identifying and listing the categories of hazardous healthcare waste to be tracked and regulated.

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B

In the formulation of the criteria, the DOH shall take into account relevant factors such as the
presence of infectious agents, toxicity, reactivity, ignitability, and corrosivity.

For

lioactive healthcare waste, the rules and regulations issued by the Philippine Nuclear

Research Institute shall apply.

SEC. 21. Management of Hazardous Healthcare Waste in Hospitals and Other

Healtheai

ies. — For the safe and environmentally sound management of hazardous

Faci
takers pas in hospitals and other healthcare facilities, the DOH shall promulgate rules and
regulations | applicable to generators, transporters, and owners of TSD facilities established
pursuant to Sections 12, 13, and 14 hereof. These shall include the effective and proper handling,

collection,

|, transport, treatment, storage, and disposal of such waste. The rules and regulations shall

include guidelines that will prevent significant adverse impacts on health and the environment. For
this purpose, the rules and regulations shall include the following:

@

(b)

(©)

@
()

(g)

faste minimization and segregation at source practices in hospitals and other healthcare
facilities;

Provision of appropriately labeled storage, receptacle, or bin for each healthcare waste
itegory;

2

Collection and storage of all hazardous healthcare waste in designated on-site storage
arpas until transported to a TSD facility;

On-site treatment of hazardous healthcare waste through appropriate treatment methods;

On-site treatment by healthcare facilities with the capacity to manage the hazardous
henlthcare waste of other healthcare facilities. Services to other healthcare facilities shall
belapproved by the DENR. For the off-site treatment, storage, and disposal requirements
ofthe hazardous waste, the standards established for facilities under paragraphs (b) to
of Section 15 of this Act shall apply:

Treatment of hazardous liquid waste by all healthcare facilities in compliance with the
visions of Republic Act No. 9275, otherwise known as the “Philippine Clean Water
of 2004”, and disposal of treated sludge in conformity with this Act; and,

ation of a committee on hazardous healthcare waste management in all healthcare
ities that shall develop and implement an action plan for the proper management of
Ithcare waste. The plan shalll include strategies to ensure immediate and appropriate
jon in emergencies arising from hazardous waste. The creation of this committee
Il be mandatory in all hospitals. For other healthcare establishments, a hazardous
management officer shall be designated.

pr
A
ce
fe
he

Article Five
Special Household Hazardous Waste

SEC. 22. Collection of Special Household Hazardous Waste. — The local government
units (LGUs) shall be responsible for the collection of special household hazardous waste
characterized |as such pursuant to Section 5 hereof. The LGUs may enter into agreements with
entities duly accredited by the DENR for the collection of special household hazardous waste.

The

household hi

to MRFs,

owners of material recovery facilities (MRFs) that are duly authorized to collect special
easins waste, and transporting services that transport such waste from households
shall register their facilities or services with the concerned LGU.



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SEC. 23. Management of Special Household Hazardous Waste. —The management of
special hous¢hold hazardous waste shall be undertaken by the LGUs pursuant to Section 26 hereof.
This shall inglude the segregation, collection, transport, treatment, storage, and disposal of special
hazardous waste, which shall be regulated in accordance with this Act.

CHAPTER IIT
INSTITUTIONAL MECHANISM

SEC. 24. Lead Agency. - The DENR shall be the primary government agency responsible
for the implementation and enforcement of this Act, including in special economic and freeport
zone areas, unless otherwise provided herein, As such, it shall have the following functions,
powers, and fesponsibilities:

@

(b) Prepare an annual National Hazardous Waste Status Report;

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

(©) Prépare a National Hazardous Waste Management Framework every five (5) years;

(d) Develop and promulgate the criteria for identifying and listing the characteristics of

(e) Establish, enforce, review, and revise standards for generators, transporters, owners, and

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

(h) Reyoke, modify, or deny, in accordance with standards, rules, and regulations, the
lous waste transporter licenses, TSD facility permits, or other licenses issued in

accordance with this Act;

(Collaborate with other national government agencies, LGUs, academic institutions, civil
society, and the private sector to attain the objectives of this Act:

()_Acgept, receive, and administer grants, fuunds, or gifts from public and private agencies,
for the purpose of carrying out government programs for hazardous waste management:

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

(1) Endourage waste reduction, resource recovery and exchange, and energy conservation
in hazardous waste management;

(m) Oversee any corrective action undertaken pursuant to the rules and regulations issued in
aceprdance with this Act;

(n) Formulate and undertake the appropriate protocol with other concerned agencies for an
immediate and coordinated response to hazardous waste-related emergency incidents;

(0) Formulate and implement rules and regulations that will enable the country to comply
chi

with international agreements on hazardous waste management;
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(P)

@

©

SEC.
following di

(a)

Issue an order against any person or entity, and impose fines or other administrative
pehalties under this Act;

Recommend to the Department of Justice (DOJ) the filing of appropriate criminal
charges for violation of this Act; and,

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

5. Role of the DOH. — The DOH shall be primarily responsible in performing the
ies and responsibi

Develop, promulgate, and publish criteria in identifying and listing the categories of
hayardous healthcare waste to be monitored and regulated:

(b) Develop and promulgate the rules and regulations for the effective management of

hazardous healthcare waste in hospitals and other healthcare facilities; and,

(©) Exercise such powers and perform such other functions as may be necessary to carry

(a)

out the provisions of this Act.

SEC. tr Role of LGUs. — The LGUs shall perform the following duties and responsibilities:

Share the responsibility for the implementation, enforcement, and monitoring of the
provisions of this Act within their territorial jurisdiction, such as the registration and
-ompliance monitoring of hazardous waste generators, transporters, and TSD facilities;

(b) Dgvelop and implement a special household hazardous waste management program as

©

paft of their Ten-Year Solid Waste Management Plan under Republic Act No. 9003
otherwise known as the “Ecological Solid Waste Management Act of 2000”;

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

(@) Ensure the proper segregation and collection of special household hazardous waste;

©

1)

velop and enhance the plans and programs of local governments on community
preparedness and response to hazardous waste emergencies:

icipate in all efforts concerning hazardous waste management; and,

a
(g) Enact appropriate ordinances to implement their role in pursuance of this Act.

SEC. 27. The Inter-Agency Technical Advisory Council. — For purposes of policy
integration ahd harmonization and coordination of functions, there is hereby created an Inter-
Agency Techinical Advisory Council (IATAC), to be composed of the following officials or their
duly authorized representatives:

(a)

Secretary of Environment and Natural Resources, as Chairperson;

(b) Setretary of Health, as Co-chairperson;

©

Sefretary of Science and Technology, as Co-chairperson;

(@) Sefretary of Agriculture;

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retary of Finance;

(0) Secretary of Trade and Industry;

(g) Secretary of National Defense;

(h) Secretary of Foreign Affairs;

@ s

@ nu of Transportation;
c

retary of Interior and Local Government;

(k) Secretary of Labor and Employment;

()) Secretary of Energy;

(m) Director General of the Philippine Economic Zone Authority, in representation of and

in|consultation with other economic and freeport zones;

(n) Representative of civil society;

(p) Re

(0) 5 Ee of business and industry;

resentative of TSD facility operators; and,

(q) Répresentative of the academe.

The rey

resentatives of civil society organizations, the academe, TSD facility operators, and

the industry $hall be nominated through a process designed by the IATAC and shall be appointed

by the Presi

it for a term of three (3) years.

The IATAC shall constitute and authorize a multidisciplinary body to conduct an annual

audit and to
stipulated in

letermine the compliance of TSD facility operators with the terms and conditions
the permits and licenses issued pursuant to this Act.

SEC. 28. The IATAC Technical Working Group. ~ The IATAC shall be supported by a

technical worl
and institutio}

(@) En

(b) Di

ing group, which shall be composed of representatives from the following agencies
s:

/ironmental Management Bureau of the DENR;

jease Prevention and Control Bureau of the DOH;

(c) Industrial Technology Development Institute of the DOST;

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

(©) Fertilizer and Pesticide Authority of the DA;

() Bur

eau of Customs of the Department of Finance;

(g) Bureau of International Trade Relations of the Department of Trade and Industry (DT);

(h) Bos

'd of Investments of the DTI;

(i) Bureau of Import Services of the DTI;

) Dey

jartment of National Defense:
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(k) Land Transportation Office of the DOTr;

(1) Odcupational Health and Safety Center of the Department of Labor and Employment;

(m) Philippine Coast Guard;

() Ci
(0) Bi

vil society organizations;

jiness and Industry;

(p) Adademe; and,

(Q) Other agencies and sectors as may be necessary.

Repre

nntatives of civil society organizations, industry, and the academe shall be nominated

through a process designed by the IATAC.

SEC.
and enter int
and other cor
shall coordini
guidelines,

SEC.
healthcare

representativ
generator, tré

19. Linkage Mechanism. — The DENR and its concerned agencies may coordinate
formal agreements with other government agencies, civil society, industrial sector
cerned sectors in the furtherance of the policies of this Act: Provided, That the DENR
ite with the DILG and the Philippine National Police (PNP) in the enforcement of the
les, and regulations on the transport of hazardous waste pursuant to this Act.

0. Visitorial Powers. ~The Secretaries of the DENR, and the DOH insofar as
cilities and healthcare TSD providers are concerned, or their authorized
s, shall have the right to visit the premises and inspect the documents of any
mnsporter, or TSD facility, to determine any violation or to aid in the effective

enforcement lof this Act and its implementing rules and regulations. Likewise, these authorities

shall have act
this Act. This
judicially aur

SEC. 31. Financial Liability for Environmental Rehabi

require the g:
(EGF) as par

ess and right to copy therefrom, the records required, pursuant to the provisions of
section shall not apply to private dwellings, unless the visitorial power is otherwise
rized.

CHAPTER IV
FINANCING HAZARDOUS WASTE MANAGEMENT

ition, — The DENR shall
inerators and owners of TSD facilities to establish an Environmental Guarantee Fund
of the Environmental Management Plan submitted, in line with the application for

an Environmental Compliance Certificate (ECC) required under Presidential Decree No. 1586 and

its implement
rehabilitation,
‘treatment, star
liability for d
a given perio

The Et
of credit, s
Consideration
the risks im
instruments s|

ing rules and regulations. The EGF shall be used for emergency response, cleanup,
and remediation of areas that may be damaged during the generation, transport,
rage, or disposal of hazardous waste, and post-closure activities of the facility. The
smages shall continue even after the termination of the project and until the lapse of
indicated in the ECC, as determined by the DENR.

F may be in the form of a trust fund, environmental insurance, surety bonds, letters
Ifinsurance, and any other instrument as may be identified by the DENR.
of the guarantee instrument or combinations thereof shall include an assessment of

ved. Generators and owners of TSD facilities required to put up guarantee
all furnish the DENR with evidence of availment of such instruments.

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CHAPTER V
INCENTIVES

SEC. 32. Rewards. — Rewards, monetary or otherwise, shall be granted to individuals,

private or;

‘ganizations and entities, including non-government organizations (NGOs) that have

undertaken putstanding and innovative projects, technologies, processes, and techniques, or
activities for the management of hazardous waste.

SEC. 83. Incentives Scheme. An incentive scheme is hereby provided for the purpose of
encouraging| enterprises, private entities, LGUs, and NGOs, to develop or undertake effective

hazardous

jaste management, or actively participate in any program geared towards the promotion

thereof, consistent with the objectives of this Act.

(@)

(b)

©

(d)

0)

SEC. 34, Generator’s Liz

Tax, Duty Exemption, and other incentives under Republic Act No. 11534, otherwise
known as the “Corporate Recovery and Tax Incentives for Enterprises Act” or the
'REATE” Law. — Upon the effectivity of this Act, registered business enterprises that
. acquire, and import machinery, equipment, technology, spare parts and specialized
s of vehicles used for the transport, processing, storage, and treatment of hazardous
iste, including cleaner production and waste minimization technologies, may avail of
incentives of at least Tier II provided under Title XIII of the National Internal
venue Code, as amended;

PeEige

Exemption from Value-Added Tax (VAT) on the Sale of Domestic Capital Equipment
ithin five (5) years from the effectivity of this Act, the sale of domestic capital
uipment, including its spare parts, to registered enterprises, LGUs, and NGOs, to be
cd for the processing, storage, and treatment of hazardous waste, shall be exempted
1m the VAT imposed under the National Internal Revenue Code of 1997, as amended:
Prpwided That the said incentive shall be subject to the same conditions and prohibitions
cited in the preceding paragraph.

g

PE

made by any person or entity in favor of LGUs and NGOs for the support and
jintenance of programs for the effective hazardous waste management, shall be
exempt from donor’s tax pursuant to the National Internal Revenue Code of 1997, as
amended.

mae of Donations, Legacies, and Gifts — All donations, legacies, and gifts

Financial Assistance Program — Government and private financial institutions, in
actordance with, and to the extent allowed by the enabling provisions of their respective
charters or applicable laws, may accord high priority to individuals, enterprises, or
private entities engaged in hazardous, medical, and special hazardous waste
management by providing special financial services, including the grant of preferential
rates; and,

Extension of Grants to LGUs. - Cities or municipalities that opt to develop special
holisehold hazardous waste management plans, or have adopted innovative waste
management programs, may be entitled to receive grants in order to develop their
technical capacities and efficiently implement their plans.

CHAPTER VI
CIVIL LIABILITY AND PENAL PROVISIONS.

ity.— A generator is primarily responsible for the management

of hazardous] waste until said waste has been certified as properly treated or disposed by a duly

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accredited TISD facility: Provided, That for exported waste that is treated and disposed of in
accordance With international agreements, the TSD facilities in the country of destination shall
issue the cerfificate of treatment and disposal. All other environmental service providers involved
in the transpprt, treatment, storage, and disposal of said waste shall be jointly and severally liable

with the

generator for any adverse environmental impact that results from the improper

management of the waste.

SEC. 35. Prohibited Acts. — The following acts are prohibited:

(a)

(b)

(©)

(d)

©

(0)

(g)

(h)

@
&)

0)

Discarding, throwing, dumping, or storing of hazardous waste listed pursuant to this
dt, or causing or permitting the commission of same acts, in public places, in municipal
solid waste facilities, or in other areas or facilities not designed therefor;

Undertaking activities involving the collection or transport of hazardous waste in
viglation of the standards and other requirements or permits set forth in this Act:

Causing or permitting the collection of unsegregated or unsorted hazardous waste;
Operating a TSD facility without the permit required under this Act;
‘Transporting hazardous waste without the permit or license required under this Act;

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

Disposing of hazardous waste in open and controlled dumps as enjoined in this Act, or
caijsing and permitting the same;

Establishing and operating of open and controlled dumps for hazardous waste;

Transporting and dumping of collected hazardous waste in areas other than the facilities
cribed under this Act;

ole burning of hazardous waste;

Transporting any hazardous waste to a TSD facility that is not authorized to receive such

‘wagte pursuant to this Act;

Treating, storing, or disposing of any hazardous waste without proper permit or license,
or jn knowing violation of any material condition or requirement of such permit or
license, or in violation of any standard promulgated pursuant to this Act;

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

(n)

(©

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

Falsifying, tampering with, or rendering inaccurate, any monitoring device or data
reqhired under this Act;

Generating, treating, storing, transporting, disposing, or handling of any hazardous
waste, and in connection therewith, willfully destroying, altering or concealing any
record required to be maintained under this A‘

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(s)

(0)

Constructing, substantially altering, or operating a hazardous waste TSD facility,
uding all post-closure activities and operations specified in the rules and regulations,
without first obtaining a permit as specified in this Act; and,

=

Site preparation, construction, expansion, or operation of TSD facilities without an
Enwironmental Compliance Certificate (ECC) required under Presidential Decree No.
1586 and this Act.

SEC. 36. Fines, Damages, and Penalties. —

(b)

©

Unlless otherwise provided herein, any person who commits any of the prohibited acts
degcribed under Section 35, or violates any of the provisions of this Act, the standards
esthblished pursuant to this Act, or its implementing rules and regulations, shall be fined
by the Pollution Adjudication Board (PAB), after due hearing conducted thereon, in the

pet of not less than Fifty thousand pesos (P 50,000.00) but not more than One

illion pesos (P 1,000,000.00) for every violation: Provided, That for violation of
Segtion 35 involving the prohibited acts under paragraphs (a). (g). (h). (i), (1), (P). (8)
and (t) thereof, the fine shall be imposed for each day of violation.

For purposes of the application of the fines, the PAB shall, within one (1) year from the
eftlatviy of this Act, establish a fine rating system to allow for the adjustment of the
makimum fine, based on the violator’s ability to pay, degree of willfulness, degree of
negligence, degree of severity of the offense, history of non-compliance, and degree of
recplcitrance,

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

re PAB may order the suspension of development or construction, cessation of

The PAB shall issue a resolution recommending that the proper government agencies
file\criminal charges against any person who commits a gross violation of this Act. Gross
violation shall mean any of the following:

1, | Deliberate disposal of hazardous waste without the required permit issued pursuant
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Three (3) or more violations of paragraphs (a), (d), (e), (g). (k), (1) and (m) of
Section 35 hereof within a period of two (2) years; or,

Blatant disregard of the orders of the PAB such as the nonpayment of fines,
breaking of seals, or operation of the source of pollution, despite the existence of
an order for closure, discontinuance or cessation of operation, or the unjustified
refusal for the entry or access to any premises of an authorized DENR
representative.

Incase of gross violation of this Act, the offender shall pay a fine of not less than Five
wuhdred thousand pesos (P 500,000.00) but not more than Five million pesos (P
100,000.00), or be punished with imprisonment of not less than three (3) years but not
re than ten (10) years, or both, at the discretion of the court, If the offender is a
jufidical person, the chief executive officer and the pollution control officer or its
eqhivalent, shall suffer the penalty herein provided: Provided, That the officers and
ingorporators of TSD facilities who violated the post-closure requirements issued
pufsuant to Section 16 hereof, shall be banned from setting up any TSD facility and
hagardous waste transport company, and engaging in the operation of the same.

“ge

ff the offender is an alien, the offender shall, after service of the sentence prescribed
abpve, be deported without further administrative proceedings.

To| compensate for inflation and to maintain its deterrent function, the fines prescribed
hetein shall be reviewed and revised every three (3) years, or whenever necessary.

SEC. $7. Administrative Sanctions. — Local government officials and officials of

concemed government agencies who fail to comply with and enforce the rules and regulations

promulgated
Act No. 716

irelative to this Act, shall be charged administratively in accordance with Republic

or the “Local Government Code of 1991” and Executive Order No. 292 or the

“Administrative Code of 1987” and other existing laws, rules, and regulations.

SEC.

Administrative Action. — Without prejudice to the right of any affected person to

file an administrative complaint against a violator of this Act, the DENR and the DOH shall, at

their instance:
proceedings
order, rule,
limitations.

or upon a verified complaint by any person, institute administrative and civil
ygainst a person who violates the standards or limitations set under this Act, or any
regulation issued by the DENR and the DOH with respect to such standards and

SEC. 39. Citizen’s Suit. — For purposes of enforcing the provisions of this Act or the rules
and regulatigns issued to implement it, any citizen may file an appropriate civil, criminal, or

administrative

(a) An}

action in the proper courts or bodies against the following:

person who violates or fails to comply with the provisions of this Act or its

implementing rules and regulations;

(6) Th
iss

DENR or other implementing agencies with respect to orders, rules, and regulations
ed that are inconsistent with this Act; or

(©) Any public officer who willfully or grossly neglects the performance of an act

ifically enjoined as a duty under this Act or the rules and regulations issued to
ement it, or abuses the authority vested in them in the performance of duty, or
operly conducts the duties under this Act or the rules and regulations issued to
ement it: Provided, however, That a suit can be filed only after a thirty (30)-day

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nofice had been given to the public officer and the alleged violator concerned, and when
no|appropriate action had been taken thereon.

The colirt shall exempt such action filed from the payment of filing fees, and upon prima
facie evidende showing the non-enforcement or violation complained of. The plaintiff shall also
be exempt from the filing of an injunction bond for the issuance of a preliminary injunction.

Within|thirty (30) days, the court shall determine if a complaint is malicious or baseless, and
shall accordingly dismiss the action and award attorney’s fees and damages.

SEC. 40. Suits and Strategic Legal Action Against Public Particiy

tion (SLAPP) and

the Enforcement of this Act. — Where a suit is brought against a person who filed an action as
provided for |in Section 39 of this Act, or against any person, institution or government agency
tasked to fm this Act, it shall be the duty of the investigating prosecutor or the court, as the

case may be,
whether the

|to immediately make a determination within a period not exceeding thirty (30) days
gal action has been filed to harass, vex, exert undue pressure, of stifle such legal

recourses of {he person complaining of a violation or enforcing the provisions of this Act. Upon
deteminatiog thereof, evidence warranting the same, the court shall dismiss the case and award

attorney's fe

s and double damages to the respondent.

This provision shall also apply and benefit public officers who are sued for acts committed
in their officjal capacity, there being no grave abuse of authority, and done in the course of
enforcing thig Act.

CHAPTER VIL
MISCELLANEOUS PROVISIONS

SEC. 4}. Mandatory Public Hearings. - The DENR shall determine the process by which
the public hedrings relative to the formulation of the Framework mandated under Section 8 hereof
shall be undeftaken.

SEC. 42. Research on Hazardous Waste Management. — The DENR after consultations

with the

concerned agencies, shall encourage and render financial and other assistance to

appropriate gbvernment and private agencies, institutions, and individuals in the promotion and
conduct of fesearches, experiments, and other studies on hazardous waste management,
particularly tHose relating to the:

(a)

(b)
©

(d)
©

(g)

Adverse effects on health as a result of the release into the environment of hazardous
waste, and methods to eliminate said effects or mitigate the health risks related thereto;

Opfration and financing of hazardous waste disposal programs;

Plahning, implementation, and operation of resource recovery and resource
conkervation systems;

Prodluction of usable forms of recovered resources, including fuel from hazardous waste;

Deyelopment and application of new and improved methods of collecting, separating,
and] disposing of hazardous waste, and processing and recovery of materials and energy
from hazardous waste:

Clepner production technologies;

Improvements in land disposal practices for hazardous waste; and,

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(h) De

avelopment of new uses of recovered resources and identification of existing or

potential markets of recovered resources.

The DENR, the DOH, and the DOST or their authorized representatives, may award grants

or enter into
waste rese:

SEC.
with the Di
Authority (
Information

ontracts with government agencies, NGOs, and private persons to conduct hazardous
th and studies.

. Public Education and Information. — The DENR and the DOH, in coordination
artment of Education (DepEd), the Technical Education and Skills Development
SDA), the Commission on Higher Education (CHED), the DILG, the Philippine
Agency (PIA), and the LGUs, shall conduct a continuing education and information

campaign on|hazardous waste management. Such education and information program shall:

(a) Ai

im to create public awareness on the impacts of hazardous waste and methods to

prgvent or minimize its adverse effects;

(6) Foeus on activities that are feasible and offer the greatest impact on hazardous waste
management; and,

(©) ee the general public, accredited NGOs, and POs to publicly endorse and

pat

SEC.

ronize environment-friendly products.

|. Environmental Education in the Formal and Non-formal Sectors. — The

National Government, through the DepEd and in coordination with concerned government
agencies, NGOs, and private institutions, shall strengthen the integration of environmental

concerns in

{chool curricula at all levels, with particular emphasis on the principles underlying

hazardous waste management, in order to promote environmental awareness and affirmative action

among the ci

commercial
to initiate,

ifizenry.

\d industrial establishments, through appropriate incentives other than tax incentives,
icipate, and invest in integrated hazardous waste management projects; to

SEC. bint of Business and Industry. — The DENR, DTI, and the DOH shall encourage

manufacture fnvironment-friendly products; to introduce, develop and adopt innovative processes
that result in|recycling of materials, conservation of raw materials and energy, and reduction of

waste and pfevention of pollution; and to undertake community activ’

propagate effective hazardous waste management practices.

SEC.

CHAPTER VIII
FINAL PROVISIONS

Joint Congressional Oversight Committee. — In addition to its mandated

functions, wd Joint Congressional Oversight Committee created under Republic Act No. 9003
shall also monitor the implementation of this Act.

SEC. 47. Report to Congress. — The DENR shall render a detailed report to Congress, not

later than M:

progress on hy

h 30 of every year, following the approval of this Act, of its accomplishments and
Ne waste management during the previous year, and shall submit the necessary

recommendations in areas requiring legislative action.

SEC.

. Transitory Provision.

Pending the establishment of the Framework mandated

under Section 8 hereof and the promulgation of the implementing rules and regulations of this Act,
pertinent existing laws, regulations, programs and projects on hazardous waste management shall

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continue to fe enforced: Provided, That for specific undertakings, these may be revised in the
rc

interim in ac

of this Act,
implementati
agencies and|
shall suppl

provisions o'

There
this Act, incl

ordance with the intentions of this Act.

¢ DENR and the DOH shall promulgate the rules and regulations for the effective
mn of this Act: Provided, That rules and regulations issued by other government
jinstrumentalities relative to hazardous waste management consistent with this Act,
rent the rules and regulations issued by the DENR and the DOH, pursuant to the
this Act.

SEC. ' Implementing Rules and Regulations. — Within one (1) year from the effectivity

all be a regular mandatory review of the rules and regulations issued to implement
ding the standards set pursuant to the provisions of this Act.

Separability Clause. — If any provision of this Act or the application of such

SEC.
provision wi person or circumstance is declared unconstitutional, the remainder of this Act or

the applicati
declaration.

of such provision to other persons or circumstances shall not be affected by such

SEC. 51. Repealing Clause. — Republic Act No. 6969 otherwise known as the “Toxic

‘Substances
Republic Act

d Hazardous and Nuclear Wastes Control Act of 1990”, Republic Act No. 9003, and
lo. 7160, as amended, are modified accordingly. All laws, decrees, issuances, rules

and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accdrdingly.

SEC. 53, Effectivity.— This Act shall take effect fifteen (15) days after its publication in the
Official Gazeye or in a newspaper of general circulation.

Approve

id,

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