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

TWENTIETH CONGRESS
First Regular Session

1257

HOUSE BILL

Introduced by Representative MARCELINO R. TEODORO
EXPLANATORY NOTE

This bill seeks to amend or repeal relevant provisions of Republic Act No. 8749, or the
Philippine Clean Air Act of 1999, and Republic Act No. 9003, or the Ecological Solid Waste
Management Act of 2000, specifically with regard to the ban on waste incineration. Section 20 of the
Clean Air Act prohibits incineration, while R.A. 9003 promotes ecological solid waste management
practices that expressly exclude such methods.

However, advancements in technology have challenged the notion that all forms of incineration
are environmentally harmful. Waste-to-Energy (WTE) technologies now allow for the safe and
efficient conversion of waste into electricity or heat, offering both environmental and energy benefits.
Notably, the Supreme Court in MMDA vs. Jancom Environmental Corporation (G.R. No. 147465,
January 30, 2002) clarified that the Clean Air Act does not impose an absolute ban on incinerators, but
only prohibits burning processes that emit toxic and poisonous fumes.

This bill establishes standards for waste treatment technologies used in the disposal of
municipal and hazardous waste, or in converting waste into fuel. It empowers the Department of
Environment and Natural Resources (DENR) to enforce regulations and promote the use of modern,
environment-friendly, and safe technologies for the treatment, utilization, and disposal of residual
wastes.

Local government units (LGUs) will be mandated to establish waste treatment facilities
consistent with their approved ten-year solid waste management plans. The Department of Science
and Technology (DOST) will conduct technology verification for waste treatment projects, while the
Department of Energy (DOE) will accredit energy recovery facilities and integrate these into the
Philippine Energy Plan in alignment with the National Solid Waste Management Framework.

The bill also provides fiscal and non-fiscal incentives to registered investors and program
implementers, and imposes penalties for violations of environmental, energy, and science and

technology regulations.

MARCELINO R. TEODORO
Representative
First District, Marikina City

Its immediate passage is earnestly sought.


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

1257

HOUSE BILL NO.

Introduced by REP. MARCELINO R. TEODORO

AN ACT
REGULATING THE USE OF TREATMENT TECHNOLOGY FOR MUNICIPAL AND
HAZARDOUS WASTES, REPEALING FOR THE PURPOSE SECTION 20 OF
REPUBLIC ACT NO. 8749, ENTITLED “THE PHILIPPINE CLEAN AIR ACT OF 1999”

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

SECTION 1. Title. - This Act shall be known and referred to as the “Waste
Treatment Technology Act”.

Sec. 2. Regulation of Waste Treatment Technology. — Thermal and other treatment
technologies for the disposal of municipal and hazardous wastes, or for the processing
of any waste material for fuel, whether for commercial use or not, shall be designed and
operated to meet the standards established pursuant to this Act and its
implementing rules and regulations. These technologies shall be fitted with equipment
that will continuously monitor, record, and make publicly available the reported data
on their emissions or air pollutant concentrations. Proposed facilities that generate
energy or waste-to-energy facilities shall be given priority over other treatment
technologies. Entities utilizing such technologies shall incorporate in their facilities
and operations the appropriate material recovery program.

Thermal treatment units shall treat wastes at a temperature of not less than eight hundred
fifty degrees centigrade (850°C).

Sec. 3. Lead Agencies. - The Department of Environment and Natural Resources
(DENR) shall be primarily responsible for the implementation and enforcement of this

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Act, while the Department of Energy is primarily responsible over relevant regulations
pertaining to waste-to-energy facilities. Both agencies shall promote the use of
‘state-of-the-art, environmentally-sound and safe technologies for the handling,
treatment, thermal or non- thermal destruction, utilization, and disposal of residual
wastes. Pursuant to Sec. 15 of R.A No. 8749, otherwise known as the “Clean Air
Act of 1999”, the Pollution Research and Development Program shall likewise
include the continuous monitoring, evaluation, and development of more appropriate air
quality guideline values and standards for the treatment of municipal and hazardous
wastes, or for the processing of any waste material for fuel.

Sec. 4. Role of Local Government Units (LGUs) in Setting Up Treatment Facilities.
-The LGUs are hereby mandated to promote, encourage and implement in their
respective jurisdictions a comprehensive solid waste management plan that includes
waste reduction, segregation, recycling, composting, and recovery. The establishment
of treatment facilities shall be facilitated by LGUs within a region, province, or
strategically clustered LGUs, in consonance with their respective ten-year solid waste
management plans: Provided, That these are consistent with the national solid
waste management framework established pursuant to R.A. No. 9003, otherwise known
as the “Ecological Solid Waste Management Act of 2000".

Sec. 5. Role of the National Solid Waste Management Commission (NSWMC). —
The solid waste management plans and supplemental disposal plans of all LGUs,
including those which may carry out treatment projects, shall be submitted to the
NSWWC which shall render a decision within ten (10) working days from submission
thereof. The NSWMC shall put in writing the reasons for either approving or denying such
plans.

Sec. 6. Role of the Department of Science and Technology (DOST). - The DOST
‘shall undertake the necessary verification of the technology that will be used for the
treatment or waste processing projects. The verification shall be completed and reported
in writing within ten (10) working days from receipt of the application, or twenty (20)
working days if the application is for a new technology.

Sec. 7. Role of the Department of Energy (DOE). - The DOE, in addition to its
powers and functions under R.A. No. 7638, otherwise known as “The Department of
Energy Act of 1992,” shall, insofar as the establishment and operation of facilities
that recover energy:

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(a) Accredit and classify facilities that recover energy based on the energy output,
and determine the standards, criteria and requirements applicable therefor pursuant to
R.A. No. 9136, otherwise known as the “Electric Power Industry Reform Act (EPIRA) of
2001," R.A. No. 9367, otherwise known as the “Biofuels Act of 2006,” and R.A.
No. 9513, otherwise known as the “Renewable Energy Act of 2008,” whichever is
applicable: Provided, That the energy generated from the facilities shall be regulated
by the Energy Regulatory Commission in as far as the rates and pricing thereof,

(b) Include a waste-to-energy implementation strategy in the Philippines Energy
Plan, which takes into consideration the National Solid Waste Management Framework;

(c) Make available to the public, especially to potential investors for these facilities,
local and national information on the following:
(i) current and potential uses of facilities in relation to solid waste management;
(ii)inventory of existing facilities; and,

(ii) other relevant information.

Sec. 8. Responsibility of Owner and Operator. — Responsibility for compliance with
the standards promulgated for the establishment and operation of waste treatment
facilities shall rest with the owner and/or operator thereof. If, by virtue of a contract, the
operator is primarily and solely responsible for compliance with the standards, the same
shall not relieve the owner of the requirement to exercise due diligence to ensure the
operator’s compliance.

In the event that the ownership of the facility is transferred to another person, the
previous owner shall notify the new owner of the standards and the conditions set for
the operation of said facility, and the laws and regulations that the new owner or operator
has to comply with. These standards for operation of waste treatment or processing
facility may be made more stringent by not more than five percent (5%): Provided,
That the more stringent standards shall be effected ten (10) years following the
commencement of the operation of the facility that is established after the effectivity of
this Act.

Sec. 9. Grant of Incentives. — The following fiscal and non-fiscal incentives shall be
granted to registered investors and hosts of waste treatment programs:

(a) Fiscal and Non-Fiscal Incentives. - Upon certification by the DOE, waste-to-
energy projects, as defined in this Act, may be granted the incentives provided

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under Title XIII of Republic Act No. 8424, otherwise known as the “National Internal
Revenue Code of 1997", as amended, and any other applicable laws: Provided, That
the inclusion of waste-to- energy projects in the strategic investment priorities plan
shall be reviewed and may be extended by the BOI.

Financial Assistance Program — Government financial institutions such as the
Landbank of the Philippines, Development Bank of the Philippines, Government
Service Insurance System, and such other government institutions providing financial
service shall, in accordance with and to the extent allowed by the enabling
provisions of their respective charters or applicable laws, accord high priority in
the extension of financial services to individuals, enterprises, or private entities
engaged in putting up treatment facilities: Provided, That these institutions shall
allocate five percent (5%) of their loan portfolio to waste treatment projects.

Extension of Grants and Incentives to LGUs — Provinces, cities, and municipalities,
the treatment facilities plans of which have been duly approved by the NSWMC
for adopting innovative waste treatment programs, may be entitled to receive grants
for the purpose of developing their technical capacities toward actively participating
in the waste treatment projects. The LGUs that host common treatment facilities shall
be entitled to incentives as may be determined by the NSWWC.

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Sec. 10. Permits and Licenses. - The procedure for the issuance of permits and
licenses for all kinds of waste-to-energy facilities shall be governed by R.A No.
11234, otherwise known as the "Energy Virtual One-Stop Shop Act", and R.A. No.11032,
otherwise known as the “Ease of Doing Business and Efficient Government Service
Delivery Act of 2018”.

Sec. 11. Fines and Penalties. — Violations of the provisions of this Act, or the
standards or rules and regulations promulgated for treatment facilities shall be fined
or penalized under the provisions of P.D. 1586, otherwise known as the Environmental
Impact Statement System; R.A. No. 6969, otherwise known as the “Toxic Substances and
Hazardous and Nuclear Waste Control Act of 1990”, R.A. No. 8749; R.A. No. 9003; and
R.A. No. 9275, otherwise known as the “Philippine Clean Water Act of 2004”. For
waste-to-energy facilities, the penal schemes established under the Philippine Grid
Code and Philippine Distribution Code pursuant to R.A. No. 9136, shall likewise apply.

Sec. 12. Congressional Oversight Committee. - Upon the effectivity of this Act, a
Joint Congressional Oversight Committee shall be constituted to monitor its
implementation by the concerned agencies and LGUs. The Oversight Committee

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shall be composed of fourteen (14) members, with the Chairpersons of the Committee
on Ecology and Committee on Energy of the House of Representatives and the
Chairpersons of the Committee on Environment and Natural Resources and
Committee on Energy of the Senate as co- chairpersons and an additional four
members from each House, to be designated by the Speaker of the House of
Representatives and the Senate President, respectively.

Sec. 13. Implementing Rules and Regulations. - The DENR and DOE shall
promulgate the rules and regulations for the effective implementation of this Act, within
three (3) months after its approval.

Sec. 14. Report to Congress. - The DENR and the DOE shall submit to the President
of the Philippines and to Congress an annual report not later than March 30 of every
year following the approval of this Act, which shall include an evaluation of the
implementation of this Act, and the appropriate recommendations thereon, and for
any improvements or modifications to the policies enunciated herein.

Sec. 15. Separability Clause.- \f any part or section of this Act is declared
unconstitutional, such declaration shall not affect the other parts or sections of this Act.

Sec. 16. Repealing Clause. — Section 20 of R.A. No. 8749 otherwise known as the
“Philippine Clean Air Act of 1999" is hereby repealed. The pertinent provision of R.A.
No. 9003 otherwise known as the “Ecological Solid Waste Management Act of
2000", as amended, and other laws, presidential decrees, executive orders, rules
and regulations inconsistent with any provisions of this Act shall be deemed
repealed or modified accordingly.

Sec. 17. Effectivity. — This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation

Approved,

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