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Republic of the Philipines
House of Representatives
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No 826

iTRODUCED BY: HON. MARCELINO “MARCY” R. TEODORO.

EXPLANATORY NOTE

Hazardous materials and radioactive wastes pose threats to lives, health and properties. Due to
many issues involving said harmful wastes, strong state intervention should take place to regulate their
existence in the country. Such policies should be made in order to achieve this goal.

The harmful wastes require sophisticated treatment and management in order to successfully
isolate them from interacting with the biosphere. This bill, to be known as “Philippine Hazardous and
Radioactive Wastes Management Act” is being proposed to ensure the safety and security of the
communities. The proposed measure prohibits the entry and the transit of hazardous and radioactive
wastes into the Philippine territorial boundaries. It also provides guidelines for the appropriate
generation, collection, storage, transport and disposal of hazardous and radioactive wastes including
emergency plans for accidents involving such wastes.

Furthermore, the bill shall empower the Department of Environment and Natural Resources to
formulate a “National Hazardous and Radioactive Waste Management Framework” as the official
scheme for regulating and controlling such harmful wastes through all government agencies
Particularly, Section 9 of the proposed bill requires that the owners of treatment, storage and disposal
facilities shall use the best available technology and best environmental practices (BAT & BEP) in
managing hazardous and radioactive wastes.

It should be recognized, however, that it is not the sole responsibility of the government entities
to deal with the problem. Participation of private individuals, NGOs and corporations who invest and
develop new technologies and innovative concepts to address the predicament on hazardous wastes
shall be provided with monetary and non-monetary incentives.

Given the enormity of the harmful effects that hazardous materials and radioactive wastes bring
to lives and communities, the immediate passage of this bill is earnestly sought.

MARCELINO “MARCY” R. TEODORO

Representative, Ist District
Marikina City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILLNO 826

Introduced by REP. MARCELINO “MARCY” R. TEODORO

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 House of Representatives of the Philippines in Congress assembled:
CHAPTER I

GeneraL Provisions

Secrox 1. Title, — This Act shall be known as the “Philippine Hazardous and Radioactive
Wastes Management Act of 2013”

Src. 2. Declaration of Policy. — It is hereby declared the policy of the State to advance the
protection of human health and the environment from the potential risks of hazardous and radioactive
wastes within the framework of sustainable development. Towards this end, the State shall:

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

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

(2) Promote environmentally safe disposal of residues;

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

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

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

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

(@) Promote a national research and development program for improved hazardous and

radioactive wastes management and resource conservation techniques;


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

(£) Promote international environmental standards on waste management; and

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

Sec. 3. Coverage of this Act. — This Act shall apply to the generation, possession, collection,
recovery, reuse, storage, transport, treatment and disposal of hazardous and radioactive wastes in the
country for whatever purposes: Provided, That this Act shall cover the entry, even in transit, into
Philippine territorial limits of such wastes.

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

(a) Abandoned underground mines shall refer to worked out mineral mines with deep shafts
extending to about one to two thousand feet below the ground surface.

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

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

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

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

(4) The need to ensure occupational health and safety at the workplaces.

(©) Best Environmental Practices (BEP) shall refer to practices that are generally accepted as
“environmentally friendly”, taking into consideration the nature, traditions and culture of the locality.
For this purpose, technological advances and changes in scientific knowledge and understanding shall
likewise be considered in determining acceptable practices in preserving the environment.

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

(e) Carcinogen shall refer to any substance that can cause or contribute to the incidence of
cancer.

(£) Collection shall refer to the act of removing hazardous waste from the source or from a
storage point.

(g) Construction shall refer to the erection or building of new structures.

(h) Contaminated site shall refer to a place or spot where the soil quality exceeds the soil
standards set pursuant to Section 17 hereof.

(i) Corrective action shall refer 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 shall refer to a state where the waste has one 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; or

(2) It is 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 shall refer to the ability of a compound to be reduced to simpler forms
through a breakdown of its structure.

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

(m) Department shall refer to the Department of Environment and Natural Resources (DENR);

(n) Disposal shall refer to the discharge, deposit, injection, dumping, spilling, leaking or placing
of any hazardous and radioactive wastes into or on any land or water so that such wastes or any
constituent thereof may enter the environment or be emitted into the air or discharged into any waters,
including ground waters

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

(p) Generator shall refer to a person, natural or juridical, who produces hazardous and
radioactive wastes

(q) Geological repository shall refer 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.

(8) Hazardous waste shall refer to a substance 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 serious illnesses, or pose an unreasonable risk and potential threat to human health and the
environment.

(8) Hazardous and radioactive waste management shall refer to the systematic administration
of activities which provide for the identification, listing, collection, segregation, storage, transport,
recovery, reuse, processing, reprocessing, treatment and disposal of hazardous and radioactive wastes.

(t) Healthcare waste shall refer to waste originating from minor or scattered sources
(healthcare units) that is generated or produced as a result of the following activities: diagnosis,
treatment or immunization of human beings or animals; research pertaining to the above activities;
and production or testing of biologicals;

(a) /gnitability shall refer to the characteristic of hazardous wastes that could cause a fire during
transport, storage or disposal. Waste matter exhibits the characteristics of ignitability if a sample
thereof has any of the following properties

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

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

(3) It is an ignitable gas; or

(4) It is an oxidizer.

(¥) Injection zone shall refer 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

(w)/mternational environmental standards shall refer to the requirements or standards under
existing international environmental agreements to which the Philippines is a party.

(x) Landfill shall refer toa waste disposal site designed, constructed, operated and maintained
in a manner that exerts engineering control over significant potential environmental impacts arising
from the development and operation of the facility.

(y) Land disposal shall refer to the placement of hazardous and radioactive wastes on the
surface, near surface and at depths within the soil column.

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

(aa) Level J Hospital shall refer to an emergency hospital that provides:

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

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

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

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

(bb) Level 2 Hospital shall refer to a nondepartmentalized hospital that provides:

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

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

(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 twenty-four (24) hours or longer.

cc) Level 3 Hospital shall refer to a departmentalized hospital that provides

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

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

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

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

(dd) Level 4 Hospital shall refer to a teaching and training hospital (with at least one (1)
Accredited Residency Training Program for Physicians) that provides:

(1) Clinical care and management on the prevalent diseases in the locality as well as specialized

and subspecialized forms of treatment, surgical procedure and intensive care;


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

(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 as continuous and highly specialized
critical care.

(ee) Manifest or consignment note shall refer 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.

(£) Military munitions shall refer to all types of both conventional and chemical ammunition
products and their components produced by or for the military for national defense and security,
including munitions produced by other parties under contract with, or acting as agent for, the
Department of National Defense (DND).

(gg) Mined cavities shall refer to the emplacement of radioactive waste at some depths inside
mines or caverns which are either man-made or natural.

(hh) Mutagens shall refer to any substances that can cause a change in genetic material

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

(jj) On-site treatment facilities shall 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.

(kk) Open burning shall refer 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”

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

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

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

(00) People's organization (PO) shall refer to a nonprofit and nonstock association of citizens in
alocality embracing a common goal to protect the environment and ultimately public health

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

(aq) Reactivity shall refer to the state of a waste, or a representative sample of the waste,

ing any of the following properties:


(1) It is normally unstable and readily undergoes violent change without detonating;

(2) It reacts violently with water;

(3) It forms potentially explosive mixtures with water;

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

(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;

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

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

(t) Resource recovery shall refer to the collection, extraction or recovery of recyclable
materials from the waste stream for the purpose of recycling, generating energy or producing a
product suitable for beneficial use: Provided, That such resource recovery facilities exclude
incineration

(ss) Recycle shall refer to the process of minimizing the generation of waste by recovering
usable products that might otherwise become waste.

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

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

(vv) Storage shall refer 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 wastes.

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

(xx) Sustainable development shall refer to development which meets the needs of the present
without compromising the ability of future generations to meet their own needs

(yy) Special hazardous wastes collectors shall refer to entities which receive or collect special
hazardous wastes under 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
recycling or treatment facility.


(zz) Technical demonstration shall refer to the initial exhibition of a new technology process or
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.

(aaa) Thermal treatment shall refer to the controlled heating which involves a prescribed heating
rate, maximum temperature and cooling cycle to produce the property and grain structure required.

(bbb) Zoxicity shall refer to the degree of danger posed by a substance to human or animal due to
its acute lethality, chronic and subchronic toxicity, carcinogenicity, teratogenicity or mutagenicity,
among others.

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

(ddd) Treatment, Storage and Disposal Facility (TSDF) shall refer to a site where a hazardous
substance is treated, stored or disposed.

(eee) Waste acceptance criteria shall refer to a list of parameters which describes the minimum
characteristics which the waste should possess before it may be placed or accepted in a TSDF.

CHAPTER II
Manacemenr System

See. 5. Identification and Listing of Hazardous Wastes. — Within 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 limited to, toxicity, persistence, reactivity and degradability in nature, potential for
accumulation in tissue and other related factors such as ignitability, 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 teratogens that endanger human health: Provided, further, 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. For
purposes of this Act, the term “military munitions” includes chemical and conventional munitions:
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 waste products to be tracked and regulated, taking into
account, but not limited to, the presence of toxicity, reactivity, ignitability and corrosivity.

Sve. 6. Notification of Hazardous and Radioactive Waste Activity. ~ Upon the effectivity of this
Act, any person generating or managing hazardous or radioactive waste is required to notify in
writing the Department, the DOH and the PNRI of their hazardous or radioactive waste activities
specifying, among others, the types of waste, quantities and containers used for storage, including

incidents involving hazardous and radioactive wastes.


Svc. 7. National Hazardous 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 as provided in Section 8 of this Act. The said report shall include, but not
limited to, the following

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

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

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

(d) Listing of TSDFs including transporters of hazardous and radioactive wastes; and

(e) Listing of identified contaminated sites.

Sve. 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 as the “Framework”,
that shall embody policies established pursuant to this Act. Specifically, the Framework shall contain
the following:

(a) 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;

(@) Period of compliance for waste reduction;

(e) Information and education campai

(f) Human resources development; and

(g) Roles and responsibilities of relevant government agencies.

The Framework shall be adopted as the official blueprint for hazardous and radioactive wastes
management with which all relevant government agencies must comply with

Sec. 9. Use of Best Available Technology and Best Environmental Practices in Hazardous and
Radioactive Wastes Management. Generators and owners of TSDFs are required to use best
available technologies and best environmental practices (BAT/BEP) in hazardous and radioactive
wastes management. The Department, in coordination with the Inter-Agency Technical Advisory
Council ([ATAC) created herein, shall formulate criteria in assessing the proposed BAT/BEP to be
used. In the formulation of these criteria, consideration shall be given, among others, to the relative
economic feasibility of the technology. 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

Sve. 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 requirements shall include, but not limited to,
the following:

(a) 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;

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

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

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

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

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

(g) The waste generator of radioactive wastes shall submit a certificate of transport from its

Radiological Health and Safety Officer (RHSO) for the transport of radioactive wastes to the

treatment facility.

Svc. 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 protect
human health and the environment. Such requirements shall include, but not limited to, the
following.

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

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

(c) Transport of wastes only if properly labeled;

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

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

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

protection/assistance,


Sec. 12. Requirements Applicable to Owners of Hazardous and Radioactive Wastes 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 TSDFs of hazardous and radioactive wastes necessary to protect human health and the
environment: Provided, That the Department, the DOH and the PNRI shall, where applicable,
distinguish requirements appropriate for new and existing facilities at the time of the effectivity of this
Act. Such requirements shall include, but not limited to, the following:

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

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

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

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

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

See. 13. Categories of TSDFs 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, further, That the Department shall revise, as the
need arises, the regulations, standards and guidelines applicable to the categories listed hereunder,
taking into account the improvements in the technology of control and measurement: 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 are as
follows:

(a) Facilities that conduct on-site storage, treatment 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 other things,
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: Provided, however, That
mining operations shall fall under this category:

(b) Commercial or industrial hazardous waste thermal treatment facilities.

TSDFs in this category are facilities that conduct on-site and off-site thermal treatment:
Provided, That the Department shall promulgate regulations on hazardous wastes used as fuel and raw
materials: Provided, further, That the Department may also exempt from the requirements hereof

facilities which burn de minimis quantities of hazardous wastes as fuel, 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 usefill 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) The waste is burned in a type of device determined by the Department to be designed and
operated at a sufficient destruction and removal efficiency such that the protection of human health
and the environment is assured;

(c) Landfills that 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: Provided, That the placement
of such specified hazardous wastes in landfills may be allowed upon determination by the Department
that the prohibition for disposal of such wastes in landfills is not required in order to protect human
health and the environment for as long as the wastes remain 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, mobility and propensity to bioaccumulate of such hazardous
wastes and their hazardous constituents.

For this purpose, the 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 polycyclic hydrocarbons such as, among
others, furans and dioxins, as determined by the Department, after public consultation, are prohibited,
unless the Department determines the prohibition of the disposal of such wastes is not required in
order to protect human health and the environment for as long as the wastes remain hazardous, taking
into account the factors referred to in subparagraphs (1) to (3) of this category.

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 paragraph 3 of this category or deep injection wells. Within
twelve (12) months thereafter, the Department, when necessary, shall promulgate regulations
prohibiting disposal in landfills of such hazardous wastes listed and ranked: Provided, That the
Department shall promptly publish in a newspaper of general circulation notice of such determination,
together with an explanation of the basis for such determination: Provided, further, That the storage
of hazardous and radioactive wastes in landfills is hereby prohibited;

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

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


site treatment of hazardous wastes and recover valuable materials from hazardous wastes, use
hazardous wastes as input materials or fuel for production, or produce compost by biological
treatment of hazardous wastes. It also includes, but not limited to, reclaimers of spent lead-acid
batteries, precious metals and oil recyclers;

(e) Other off-site treatment facilities.

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

(f) Facilities that store hazardous and radioactive wastes which are not generated or produced at
the premises within allowable period

The storage of any hazardous and radioactive waste is prohibited, unless such storage is solely
for the purpose of the accumulation of such quantities of hazardous wastes as are necessary to
facilitate the proper recovery, treatment or disposal but shall not be longer than what is prescribed by
the Department; and

(g) Other land disposal facilities.

Facilities under this category shall include, among others, deep injection wells, borehole
facilities, near surface facilities, mined cavities, surface impoundments, land treatment units/land
farming and abandoned underground mines.

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

Sec. 15. Post-Closure of Facility. — The owner of a TSDF must close the facility upon the termination of its
operation and shall, after such closure, provide for its protection during a post-closure care period, in accordance with the
requirements of the Department and the closure plan, including the funds and human resources necessary for the same.
The protection shall include, but not limited to, monitoring, repair and maintenance. The owner shall maintain a
hazardous waste facility permit for the post-closure care period pursuant to Chapter VII hereof.

See. 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 Quality Standards for Idemification 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.

Src. 18. Registry of Contaminated Sites. — The 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 actions to insure that the registry
provides a complete listing of all such sites, their exact locations 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 be deleted from the registry.

Sec. 19. Import and Export of Hazardous and Radioactive Wastes. — 1n accordance with
Section 2(c) hereof, the Department and the PNRI shall promulgate the rules and regulations on the
import and export of hazardous and radioactive wastes consistent with relevant multilateral
international agreements and protocols.

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

Department shall identify and list products that shall be covered by such programs

CHAPTER III
Rapioactive Wastes

Sve. 21. Listing of Radioactive Wastes. — Within six (6) months from the effectivity of this
Act, the DOST and the 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

Ste. 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 waste disposal: Provided, That other stages of
radioactive waste management may also be developed by the PNRL

Ste. 23. Management of Radioactive Wastes. — Pursuant to Sections 10, 11 and 12 hereof, the
PNRI shall promulgate the rules and regulations on radioactive wastes management. The rules and
regulations shall be based on the 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 measures to
be undertaken. The measures shall be both technically and economically feasible: Provided, That said
rules and regulations may be based on, but not limited to, the following methods of managing
radioactive waste:

(a) Dilute and Disperse. ~ Radioactive waste with activity level that can be disposed of as
ordinary waste into the sewage and municipal landfills, among other areas;

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

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

The acceptable storage period for conditioned wastes prior to the establishment of a final


disposal repository shall be for a maximum period of fifty (50) years.

Sec. 24. Guidelines for the Acceptance of Radioactive Wastes by Transporters and TSDFs. —
Within six (6) months after the effectivity of this Act, the PNRI shall formulate specific, relevant and
appropriate waste acceptance criteria for transporters and TSDFs of radioactive wastes: Provided,
That no radioactive waste shall be accepted unless it complies with the waste acceptance criteria
formulated pursuant hereof.

Stc. 25. Site Requirements and Selection Criteria. — The PNRI shall develop and promulgate
the generic site requirements for locating a final repository for radioactive wastes.

Ste. 26. Safety Assessment and Environmental Impact Assessment. — The PNRI shall develop
and promulgate the criteria and regulations on the performance requirements and safety assessment of
TSDFs: Provided, That the safety assessment shall, among others, address both radiological and
nonradiological risks: Provided, further, That nonradiological environmental impact assessment shall
be carried out in accordance with relevant environmental laws.

Svc. 27. Emergency Preparedness. — The PNRI shall promulgate the requirements and
guidelines on the formulation of emergency plans commensurate to the seriousness of the accidents
that could occur at the TSDFs,

Sec. 28. Security. — The PNRI shall promulgate the guidelines on security arrangements to be
put in place to ensure that radioactive waste is not accidentally or deliberately removed from its
proper location. Particular attention shall be given to materials of intrinsic value that could pose a
serious threat to human health and the environment if control is lost.

CHAPTER IV
Hazarvous Hearticare Wastes

See. 29, Listing of Hazardous Healthcare Wastes. — Within six (6) months from the effectivity
of this Act, the DOH, in coordination with the Department and the DILG, after public consultation,
shall formulate the criteria for identifying and listing the categories of hazardous healthcare wastes to
be tracked and regulated. In the formulation of such criteria, the DOH shall take into account, but
not limited to, the presence of infectious agents, toxicity, reactivity, ignitability and corrosivity,

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

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

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

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

(A) Labeling of receptacle per waste category shall likewise be implemented for identification of
waste and management measures in case of accidents;

(e) All hazardous healthcare wastes shall be collected and stored in designated on-site storage
areas until transported to a TSDF;

(f) Treatment 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: Provided, That in the case of treatment of radioactive healthcare
wastes, approval of the PNRI shalll be secured;

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

() To ensure the proper management of hazardous healthcare wastes, a committee on
hazardous healthcare waste management may be created in all healthcare facilities: Provided, That in
all Level 1, Level 2, Level 3 and Level 4 Hospitals, the creation of a committee on hazardous
healthcare waste management shall be mandatory. The committee shall also develop an emergency
plan to ensure an immediate and appropriate action once an emergency occurs. For other healthcare
establishments, a hazardous healthcare waste management officer shall be designated

CHAPTER V
Spectat. Hazarvous Wastes
Ste. 31. Collection of Special Hazardous Wastes. ~

responsible for the collection of special hazardous wastes, as listed by the Department in accordance

he local government units (LGUs) shall be

with Section 5 hereof, from persons and households: Provided, That the LGUs may enter into
agreement with entities duly accredited by the Department for the collection of special hazardous
wastes

Sec. 32. Responsible Care Program for Special Hazardous Wastes. — The LGUs shall enact
appropriate ordinances implementing responsible care, extended producer responsibility or product
stewardship program that shall include, but not limited to, take-back or return-to-supplier schemes
that shall promote cleaner production, waste minimization and resource recovery.

Ste. 33. Transport, Treatment, Storage and Disposal of Special Hazardous Wastes. — Upon
collection of special hazardous wastes by the LGUs pursuant to Section 31 hereof, the transport,
treatment, storage and disposal of special hazardous wastes shall be regulated in accordance with this
Act

CHAPTER VI
INstrruttonal. Mecitaism

Sec. 34. Lead Agency. — The Department shall be the primary government agency responsible
for the implementation and enforcement of this Act, including in Philippine Economic Zone Authority
(PEZA) areas, special economic zones and freeports, unless otherwise provided herein. As such, it
shall have the following functions, powers and responsibilities:

(a) Prepare a National Hazardous and Radioactive Wastes Report;

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

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

(d) Establish, enforce, review and revise standards for generators of hazardous and radioactive


wastes;

(e) Establish, enforce, review and revise standards for transporters of hazardous and radioactive
wastes;

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

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

(i) 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;

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

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

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

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

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

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

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

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

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

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

See. 35, Role of the DOH. — The DOH shall be primarily responsible in performing the
following duties and responsibilities:

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

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


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

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

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

(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 generation, possession, collection, recovery,
transport, entry, even in transit, into Philippine territory, treatment, storage and disposal of
radioactive wastes; and

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

Src. 37. Role of the LGUs. ~ The LGUs shall have the following duties and responsi

ties:

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

(b) Prepare a compliance scheme in accordance with their special hazardous waste management
program,

(©) Segregation and collection of special hazardous wastes;

(d) Emergency preparedness and response;

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

(f) Enact appropriate ordinances to implement the LGUs’ role in this Act

Sec. 38. Inter-Agency Technical Advisory Council (IATAC). — For purposes of policy
integration and harmonization and coordination of functions, there is hereby created an inter-agency
technical advisory council (IATAC) attached to the Department which shall be composed of the
following officials or their duly authorized representatives:

(a) Secretary of Environment and Natural Resources, as Chairperson;

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

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

(d) Secretary of Agriculture, as member;

(e) Secretary of Finance;

(f) Secretary of Trade and Industry;

(g) Secretary of National Defense;

(h) Secretary of Foreign Affairs;

(i) Secretary of Transportation and Communications;


(i) League of Cities;

(k) League of Municipalities,

() League of Provinces;

(m)League of Barangays;

(n) Director General of the Philippine Export Zone Authority;

(0) Representative from civil society organizations,

(p) Representative from the industry;

(q) Representative from the TSDF operators; and

(0) Representative from the academe.

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

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

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

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

See. 39. The IATAC Technical Working Group. — The 1ATAC shall be supported by a technical
working group (TWG) which shall be composed of representatives from the following:

(a) Environmental Management Bureau (EMB) of the Department;

(b) Environmental and Occupational Health Office of the DOH;

(c) PNRI of the DOST;

(d) Industrial Technology Development Institute of the DOST;

(e) Bureau of Health Facilities and Services of the DOH;

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

(g) Fertilizer and Pesticide Authority of the DA;

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

(i) Bureau of Intemational Trade Relations of the DTI;

(i) Board of Investments of the DTI;

(k) Bureau of Import Services of the DTI;

()) DND;

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

(n) Occupational Health and Safety Center of the Department of Labor and Employment
(DOLE);

(0) Philippine Coast Guard;

(p) civil society organizations;

(q) industry; and

(r) academe.

The TWG shall provide technical support to the IATAC. Representatives of civil society


organizations, the industry and the academe shall be nominated through a process designed by the
IATAC.

Src. 40. Linkage Mechanism. — The Department and its concemed agencies may coordinate
and enter into agreement with other government agencies, civil society, industrial sector and other
concerned sectors in the furtherance of the policies of this Act: Provided, That the Department shall
coordinate with the DILG and the Philippine National Police (PNP) in the enforcement of the
requirements for transporters issued pursuant to this Act.

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

CHAPTER VII
Prraits AND Fees

Ste. 42. Permits for Treatment, Storage or Disposal of Hazardous and Radioactive Wastes. —
(a) Any person owning an existing or a new TSDF of hazardous or radioactive wastes identified or
listed pursuant to this Act is required to secure a permit or license pursuant to this section. The
Department and the PNRI shall prescribe reasonable fees for the issuance of the said permit or
license.

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

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

Sve. 43. Hazardous and Radioactive Waste Transporter License. ~ (a) Any person
transporting any hazardous and radioactive waste is required to secure a waste transporter license

from the Department, subject to 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.

(c) 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 requiring that it be adequate

to provide protection for the health of humans and the environment.

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

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

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

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

(@) Category of waste; and

(©) Classification of waste.

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

CHAPTER VII
Financine Hazarpous Wastes MANAGEMENT

Ste. 45. Financial Liability for Environmental Rehabilitation. — The Department shall require
generators and owners of TSDFs to put up an Environmental Guarantee Fund (EGF) as part of the
Environmental Management Plan attached to the Environmental Compliance Certificate (ECC)
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.

Ste. 46. Performance Bond. — Prior to the issuance of the required permit to operate, the
Department shall require transporters, owners of treatment/storage facilities to post performance
bonds. The performance bond shall be forfeited in the event of abandonment of sites and/or


nonperformance of post-closure requirements issued pursuant to Section 15 hereof. Provided, That
this provision shall not apply to state-owned treatment/storage facilities and to recyclers identified
and listed as such pursuant to this Act
CHAPTER IX
Incentives

Src. 47. Rewards. — Rewards, monetary or otherwise, shall be provided to individuals, private
organizations and entities, including nongovernment organizations (NGOs) that have undertaken
outstanding and innovative projects, technologies, processes and techniques or activities in hazardous
and radioactive wastes management. The rewards shall be sourced from the Hazardous and
Radioactive Wastes Management Fund herein created.

Svc. 48. Incentives Scheme. ~ An incentive 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

(a) Tax and Duty Exemption on Imported Capital Equipment. — 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, vehicles and spare parts used for transport,
processing, storage and treatment of hazardous and radioactive wastes including cleaner production
and waste minimization technologies: Provided, That the importation of such machinery, equipment,
technology and spare parts shall comply with the following conditions:

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

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

(3) The approval of the Board of Investments (BOI) 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, vehicles and spare parts, without prior
approval of the BOI, within five (5) years from the date of acquisition shall be prohibited; otherwise,
the registered enterprise, LGU or NGO concerned and the buyer, transferee or assignee shall be
solidarily liable to pay twice the amount of tax and duty exemption given it.

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

(c) Tax Exemption of Donations, Legacies and Gifts. — All donations, gifts and legacies made
by any person or entity in favor of the registered enterprises, LGUs and NGOs, for the support and
maintenance of the program for effective hazardous and radioactive wastes management, shall be
exempt from the donor’s tax and such amount of donation shall be deductible from the gross income
of the donor pursuant to Section 34, paragraph (h) of the National Internal Revenue Code of 1997, as
amended

(@) Financial Assistance Program. - Government financial institutions such as the
Development Bank of the Philippines (DBP), the Land Bank of the Philippines (LBP), the
Government Service Insurance System (GSIS) and such other government institutions providing
financial services shall, in accordance with and to the extent allowed by the enabling provisions of
their respective charters or applicable laws, accord high priority to extending financial services to


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

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

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

CHAPTER X
Civi. Liasiuity AND PENAL Provisions

See. 49. Generator s Liability. - The generator is primarily responsible for the management of
hazardous and radioactive wastes until said wastes have been certified as properly treated or disposed
by duly accredited TSDFs: Provided, That for wastes that are exported outside of the country and
treated and disposed in accordance with international agreements, the TSDFs in the country of
destination shall issue the certificate of treatment and disposal. All other environmental service
providers involved in the transport, treatment, storage and disposal of said wastes shall be jointly and
severally liable with the generator in the event of any adverse environmental impacts due to the
improper management of the wastes.

Svc. 50. Prohibited Acts. — The following acts are prohibited

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

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

(c) Causing or permitting the collection of nonsegregated or unsorted hazardous waste;

(d) Operating TSDFs without permits issued pursuant to this Act;

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

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

(g) 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 or radioactive
wastes;

(i) 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 TSDF which is not authorized to


receive such wastes pursuant to this Act;

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

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

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

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

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

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

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

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

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

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

See. 51. Fines, Damages and Penalties. ~ Unless otherwise provided herein, any person who
commits any of the prohibited acts provided in the immediately preceding section or violates any of,
the provisions of this Act or its implementing rules and regulations shall be fined by the Pollution
Adjudication Board (PAB) in the amount of not less than Ten thousand pesos (P.10,000.00) but not
more than One hundred thousand pesos (P100,000.00) for every violation: Provided, That for
violation of Section 50 involving prohibited acts under paragraphs (a), (g), (h), (i), (I), (p), (8) and (t),
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 system to adjust the maximum fine based on the violator’s ability
to pay, degree of willfulness, degree of negligence, degree of severity of the offense, history of
noncompliance and degree of recalcitrance.

The fines herein prescribed shall be reviewed and revised, whenever necessary, every three (3)

years to compensate for inflation and to maintain the deterrent function of such fines.


‘The PAB may order the closure, suspension of development or construction, or cessation of
operations until such time that proper environmental safeguards are put in place and/or compliance
with this Act or its rules and regulations are undertaken, without prejudice to the issuance of an ex
parte order for such closure, suspension of development or construction, or cessation of operations
during the pendency of the case: Provided, That if the prohibited act undertaken shall require clean-
up and rehabilitation, 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 case.

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:

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

(b) Three (3) or more violations of paragraphs (a), (4), (€), (g), (k), (1) and (m) of Section 50
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 Department representative.

In these cases, the offender shall be punished a fine of not less than One 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) years but not more than ten (10) years at the discretion of the court. If the
offender is a juridical person, the chief executive officer and the pollution control officer or its
equivalent shall suffer the penalty herein provided: Provided, That the officers and incorporators of
TSDEs who violated the post-closure requirements issued pursuant to Section 15 hereof shall be
banned from setting up TSDFs and hazardous and radioactive wastes transport companies, and
engaging in the operation of the same.

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

The fines herein prescribed shall be reviewed and revised, whenever necessary, every three (3)
years to compensate for inflation and to maintain the deterrent function of such fines.

Sec. $2. Administrative Sanctions. ~ Local government officials and officials of government
agencies concerned who fail to comply with and enforce rules and regulations promulgated relative to
this Act shall be charged administratively in accordance with Republic Act No. 7160 or the Local
Government Code and other existing laws, rules and regulations.

Ste. 53. Administrative Action. ~ 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 violates:

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

(b) Any order, rule or regulation issued by the Department, the DOH or the PNRI with respect


to such standards or limitations.

Sne. $4. Citizen Suit — For purposes of enforcing the provisions of this Act of its
implementing rules and regulations, any citizen may file an appropriate civil, criminal or
administrative action in the proper courts or bodies against the following,

(a) Any person who violates or fails to comply with the provisions of this Act or its
implementing rules and regulations; or

() The Department or other implementing agencies with respect to orders, rules and regulations
issued inconsistent with this Act; or

(©) Any public officer who willfully or grossly neglects the performance of an act specifically
enjoined as a duty by this Act or its implementing rules and regulations, or abuses his authority in the
performance of his duty, or, in any manner, improperly performs his duties under this Act or its
implementing rules and regulations: Provided, however, That no suit can be filed until after a thirty
(30)-day notice has been given to the public officer and the alleged violator concerned and no
appropriate action has been taken thereon,

The court shall exempt such action from the payment of filing fees, except fees for actions not
capable of pecuniary estimations, and shall, likewise, upon prima facie showing of the
nonenforcement or violation complained of, exempt the plaintiff from the filing of an injunction bond
for the issuance of a preliminary injunction.

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

Sec. 55. Suits and Strategic Legal Action Against Public Participation (SLAPP) and the
Enforcement of this Act. — Where a suit is brought against a person who filed an action as provided
in Section 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 the said legal action has
been filed to harass, vex, exert undue pressure or stifle such legal recourses of the person complaining
of or enforcing the provisions of this Act. Upon determination thereof, evidence warranting the same,
the court shall dismiss the case and award attorney's fees and double damages

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

CHAPTER XI
Miscetiaxzous Provisions

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

Sno. 57. Research 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.


(a) Adverse health welfare effects of the release into the environment of hazardous and
radioactive 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;

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

(e) 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;

(f) 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 wastes researches and studies, the Department, the
DOH and the PNRI or 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 DOH and the PNRI, in
coordination with the Department of Education (DepED), the 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 or minimize their adverse effects;

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

(b) 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 Secto — 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 school curricula
at all levels, with particular emphasis on hazardous and radioactive wastes management principles in
order to promote environmental awareness and action among the citizenry.

Sec. 60. Business and Industry Role. — The Department, the DOH and the PNRI shall
encourage commercial and industrial establishments, through appropriate incentives other than tax
incentives, to initiate, participate and invest in integrated hazardous and radioactive wastes
management projects; to manufacture environment-friendly products; to introduce, develop and adopt
innovative processes that shall recycle and reuse materials, conserve raw materials and energy, reduce
waste and prevent pollution; and to undertake community activities to promote and propagate

effective hazardous and radioactive wastes management practices.


CHAPTER XII
Fivat. Provistoxs

Sec. 61. Appropriations. — ‘The Secretaries of the Department of Environment and Natural
Resources, the DOH and the DOST shall include in their respective programs the implementation of
this Act, the funding of which shall be included in the annual General Appropriations Act.

In addition, the Departments may accept donations, contributions, grants, requests or gifts, in
cash or in kind, from various sources, domestic or foreign, for purposes relevant to hazardous and
radioactive wastes management functions: Provided, That, in case of donations from foreign
governments, acceptance thereof shall be subject to prior clearance and approval of the President of
the Philippines upon the recommendation of the Secretary of Foreign Affairs

Receipts from donations shall be accounted for in the books of the recipient government agency
in accordance with pertinent accounting and auditing rules and regulations

Src. 62. Implementing Rules and Regulations. — Within one (1) year after the effectivity of
this Act, the Department, the DOH and the PNRI, respectively, shall promulgate the implementing
rules and regulations of this Act: Provided, That rules and regulations issued by other government
agencies and instrumentalities relative to hazardous and radioactive wastes management consistent
with this Act shall supplement the rules and regulations issued by the DENR, the DOH and the PNRI
pursuant to the provisions of this Act

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

Sec. 63. Joint Congressional Oversight Committee. — There is hereby created a Joint
Congressional Oversight Committee to monitor the implementation of this Act. The Committee shall
be composed of five (5) Senators and five (5) Representatives to be 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.

The oversight committee created under this act shall exist for a period not exceeding five (5)
years from the effectivity of this Act, after which the oversight functions shall be performed by the
Committee on Health and Demography of the Senate and the Committee on Health of the House of
Representatives.

Src. 64. Transitory Provision. — 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 undertakings, these may be revised in the interim in accordance
with the intentions of this Act.

Ste. 65. Report to Congress. — The Department shall report to Congress not later than March
30 of every year following the approval of this Act, giving a detailed account of its accomplishments
and progress on hazardous and radioactive wastes management during the year and make the

necessary recommendations in areas where there is need for legislative action.


Ste. 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 or the
application of such provision to other persons or circumstances shall not be affected by such
declaration.

Sec. 67. Repealing Clause. — Republic Act No. 6969, Executive Order No. 192, Republic Act
No. 9003, Republic Act No. 7160 and Republic Act No. 2067, as amended, are partly modified. All
laws, decrees, issuances, rules and regulations or parts thereof inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.

Ste. 68. Effectivity. — This Act shall take effect fifteen (15) days after its publication in at least
two (2) newspapers of general circulation.

Approved,