,:Stnufr 
SIXTEENTH CONGRESS OF THE REPUBLIC) 
("u" •• f I~.,,;iorrt'ta •• 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 13 6 G 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
'13 
AUG 28 P 2 :14 
The State's responsibility to protect both, the health of its people and the 
environment are enshrined under Article II of the Constitution: 
"Section 15. The State shall protect and promote the right to health 
of the people and instill health consciousness among them. 
Section 16. The State shall protect and advance the right of the 
people to a balanced and healthful ecology in accord with the 
rhythm and harmony of nature." 
The Philippine Hazardous and Radioaotive Wastes Management Aot seeks to, 
among others, develop and implement programs on hazardous and radioactive 
wastes management both in the local and national levels; promulgate guidelines 
for the handling of such wastes which will Indude emergency and contingency 
plans for accidents; and formulate a system of accountability and responsibility 
for generators and producers of hazardous and radioactive wastes. It also seeks 
to protect our territorial limits by prohibiting the entry to and transit through it of 
such wastes. 
This measure defines "hazardous and radioactive wastes managemenf' as "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". 
THe Department of EnVirtHimeHt aHa' Ni:itUri:i1 Resources (DENR), together Witli 
other concerned agencies, is mandated under this bill to publish a Wastes 
fylal)agelTlen,( . Statu~ • Report anq to formulate a National Hazardous and 
Radioactive Wastes Management Framework. 
With the end in view of protecting our people's safety and health and of achieving 
a sustainable development, the immediate passage of this bill is earnestly 
sought. 
Senator 
I", 1'1'1.[ i.", 1'1'1 i. 
I' 
I" 
I,,~II 'I' 


SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHII;;IPPINES 
) 
First Regular Session 
) 
'13 
AUG 28 P2 :14 
SENATE 
Senate aiii 1110. 1366 
RECEIVED BY:~ k . 
LJ \. 
INTRODUCED BY SEN. JINGGOYEJERCITO ESTRADA 
. AN ACT 
PROVIDING FOR A COMPREHENSIVE HAZARDOUS AND RADIOACTIVE 
WASTES MANAGEMENT, PROVIDING PENALTIES FOR VIOLATIONS 
THEREOF AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
1 
CHAPTER I 
2 
3 
GENERAL PROVISIONS 
4 
S 
6 
SECTION 1. 
Short Title. -
This Act shall be known as the "Philippine 
7 
Hazardous and Radioactive Wastes Management Act'. 
8 
9 
10 
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to 
11 
advance the protection of human health and the environment from the potential 
12 
risks of hazardous and radioactive wastes within the framework of sustainable 
13 
development. Towards this end, the State shall: 
14 
IS 
(a) Develop and implement national and local integrated and comprehensive 
16 
hazardous and radioactive wastes management programs focusing on 
17 
!loliUtion prevention al1d resdUrce edHsel'Vatldl1 rel::dvery, WHII::H sHall: 
18 
19 
(1) Improve 
wastes 
management 
techniques, 
organizational 
20 
arrangements, methods of coiiection, separation and recovery of 
21 
wastes; 
22 
23 
(2) Promote environmentally safe disposal of residues; 
24 
25 
(3) Minimize the generation of hazardous and radioactive wastes by 
26 
encouraging cleaner .production, process substitution, resource 
27 
recovery, recycling and reuse, and treatment; and, 
28 
29 
(4) Institutionalize public participation 
in the development and 
30 
implementation of such programs; 
31 
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(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; 
(c) Pmhibit the entry, even in transit, of hazardous and. radioactive wast~s 
into the Philippine territorial limits for whatever purpose consistent with 
multilateral international agreements and pmtocols; 
(d) Promote a national research and development pmgram for 
hazardous 
and 
radioactive 
wastes 
management 
and 
conservation techniques; 
improved 
resource 
(e) Formulate and enforce a system of accountability for generators, including 
the promotion of extended producer responsibility, pmduct stewardship 
and responsible care program; 
(f) Promote international enVitOnmen{al sfaMafas 6n wastes 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 non-formal education in order to promote 
environmental awareness and action among the citizenry, 
SEC. 3. 
Coverage of the Act. -
This Act shall apply to the generation, 
possession, collection, recovery, reuse, storage, transport, treatment and 
di~posal of hazardous and radioactive wastes in the country for whatever 
purposes; Provided, That this Act shall cover the entry of such wastes, even in 
transit, into the Philippine territorial limits. 
SEC. 4. Definition of Terms. - As used in this Act, the term: 
(a) 
"Abandoned underground fJ7ines" refer to worked out mineral mines 
with deep shafts extending to about one thousand (1,000) to two 
thousand (2,000) thousand feet below the ground surface; 
(b) 
"Best available techniques (BA T)" refer to any technology that shall 
take into consideration costs and benefits of a measure as well as 
precaution and prevention such as, but not limited to: 
(1) the nature, effects and mass of releases concerned; 
(2) consumption and use of raw materials in the process and its energy 
efficiency; 
(3) the need to prevent or reduce to a minimum the overall impact of 
releases to the environment; and, 
(4) ensure occupational health and safety at the workplaces. 
(c) 
"Best environmental practices (BEP)" refer to practices that are 
generally 
accepted 
as 
"envimnmentally 
friendly",' taking 
into 
consideration the nature, traditions and cultUre of the locality. For this 
pyrpose, technological advances and changes in scientific KnOwledge 
and understanding shall likewise be considered in determining 
acceptable practices in preserving the environment; 
2 


1 
2 
(d) 
"Borehole facilities" shall refer to those that entail the emplacement of 
3 
solid radioactive wastes in an engineered facility of relatively narrow 
4 
diameter bored and operated directly from the surface. It covers a 
5 
range of design concepts with depths ranging from a few matem lip to 
6 
several hundred meters, and their diameters can vary from a few tens 
7 
of centimeters up to more than one (1) meter; 
8 
9 
(e) 
"Carcinogen" refers to any substance that can cause or contribute to 
10 
the incidence of cancer; 
11 
12 
(f) 
"Col/ection" refers to the act of removing hazardous waste from the 
13 
source or from a storage point; 
14 
15 
(g) 
"Constroction" refers to the erection or building of new structures; 
16 
17 
(h) 
"Contaminated sites" refer to places or spots where the soil quality 
18 
exceeds the soil standards set pursuant to Section 17 hereof. 
19 
20 
(i) 
"Corrective action" refers to the steps taken to assess; prioritize and 
21 
clean up haZardous. lind Jadi~ctiv~ wastes from the treatment, 
22 
storage and, disposal facilities (TSDFs) andlor contaminated sites in 
23 
order to protect health and the environment; 
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(j) 
"Corrosivity" refers to a state where the waste has either of the 
26 
following properties: (1) it is aqueous and has a pH less than or equal 
27 
to ~ or greater than or equal to 12,5; (2) it is a liquid and cQrrodes steel 
28 
(SAE 1020) at a rate greater than 6.35 mm. (0.250 inch) per year at a 
29 
test temperature of 55°C (130°F); 
30 
31 
(k) 
"Degradability" refers to the abilitY of a compound to .be reduced to 
32 
simpler fonus through a breakdown of its structure; 
33 
34 
(I) 
"Deep injection welf' means a well used for subsurface injection of 
35 
waste fluids and solids derived from industries such as geothermal and 
36 
oil and gas into an injection zone; 
37 
38 
(m) 
"Department' means the Department of Environment and Natural 
39 
Resources (DENR); 
40 
41 
(n) 
"Disposar means the discharge, deposit, injection, dumping, spilling, 
42 
leaking or placing of any hazardous and radioactive wastes into or on 
43 
any land or water so that such wastes, or any constituent thereof, may 
44 
enter the eniiironment or tie emitted into the air or dischatged into ariy 
45 
waters, including ground waters; 
46 
47 
(0) 
i'Generaiiod' refers to the ad or process of producing hazardous and 
48 
radioactive wastes; 
49 
50 
(p) 
"Generator' refers to a person, natural or juridical, who produces 
51 
hazardous and radioactive wastes; 
S2 
53 
(q) 
"Geological repository" refers to the isolation of high level radioactive 
54 
waste using a system of engineered and natural barriers at depths up 
55 
to several hundred meters in a geologically stable formation; 
56 
3 


1 
(r) 
"Hazardous wastes" refer to substances discarded from commercial 
2 
and industrial establishments, institutions and healthcare facilities 
3 
which, because of the concentration, or physical, chemical or infectious 
4 
characteristics, may cause or significantly contribute to increases in 
5 
mortality or serious illnesses, or pose an unreasonable risk ahd 
6 
potential threat to human health and the environment; 
7 
8 
(s) 
"Hazardous and radioactive wastes management'. means the 
9 
systematic administration 
of activities 
which 
provide for the 
10 
identification, 
listing, collection, segregation, 
storage, transport, 
11 
recovery, reuse, processing, reprocessing, treatment and disposal of 
12 
hazardous and radioactive wastes; 
13 
14 
(t) 
"Healthcare waste" refers to waste that is generated or produced as a 
15 
result of the following activities: diagnosis, treatment or immunization 
16 
of human beings or animals; research pertaining to the above' 
17 
activities; production or testing of biological and waste originating from 
18 
minor or scattered sources; 
19 
20 
(u) 
"Ignitability" refers to the characteristic used to define as hazardous 
21 
wastes that could cause a firedurir)g transport. ,storage or disposal. A 
22 
waste exhibits the characteristics of ignitability if a sample of the waste 
23 
has any of the following properties: (1) it is a liquid that has a flash 
24 
point of less than 60°C (140°F); (2) it is not a liquid and is capable, 
25 
under standard temperature and pressure, of causing fire through 
26 
friction, absorption of moisture or spontaneous chemical changes and, 
27 
when ignited; burns so vigorously and perSistently that it creates a 
28 
hazard; (3) it is an ignitable gas; or (4) it is an oxidizer; 
29 
30 
(v) 
"Injeotion zone" refers to a geological formation, group of formation or 
31 
a part of a formation located below the underground source of potable 
32 
water, and which Teceives waste fluids' or' solids throUgh a deep 
33 
injection well; 
34 
35 
(w) 
"International environmental standards" refer to the requirements or 
36 
standards under existing international environmental agreements to 
37 
which the Philippines is a party; 
38 
39 
(x) 
"Landfilf' refers to a waste disposal site designed, constructed, 
40 
operated and maintained in a manner that exerts engineering control 
41 
over significant potential environmental impacts arising from the 
42 
development and operation of the facility; 
43 
44 
(Y) 
'Uii'id disposal' refers to ttie placement of tiazai'doUs and radioactiiie 
45 
wastes on the surface, near surface and at depths within the soil 
4§ 
column; 
47 
48 
(z) 
"Land treatment or land farming" refers to a managed technology that 
49 
involves the controlled application of waste on the soil surface and/or 
50 
the incorporation of waste or contaminated soils into the upper soil 
51 
zone. 
sa 
53 
(aa) 
"Level 1 hospitaf' refers to an emergency hospital that provides: 
54 
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(1) initial clinical care and management to patients requiring immediate 
56 
treatment, as well as primary care on prevalent diseases in the 
57 
locality; 
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S6 
(bb) 
(cc) 
(dd) 
(ee) 
(ff) 
(gg) 
(hh) 
(ii) 
(2) clinical services that include general medicine, pediatrics, obstetrics 
and nonsurgical gynecology and minor surgery; 
(3) general administrative service and may provide ancillary services 
(primary clinical laboratory, first level radiology, pharmacy); and, 
(4) nUtsing care fcir patients Whci reqUire itiinirnal category of 
supervised care for twenty-four (24) hours or longer. 
"Levei 2 hospital" refers to a non-departmentaiized hospitai that 
provides: 
(1) clinical care and management on prevalent diseases in the locality; 
(2) clinical services that include general mediCine, pediatrics, obstetrics 
and gynecology, surgery and anesthesiaj 
(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. 
"Level 3 hospital' refers to a departmentalized hospital that provides: 
, . ,,, 
. 
. 
(1) clinical care and management on prevalent diseases in the locality 
as well as particular forms of treatment, surgical procedure and 
intensive care; 
(2) clinical services provided in the level 2 hospital as well as specialty 
clinical care; 
(3) appropriate administrative and ancillary services (tertiary clinical 
laboratory, second radiology, pharmacy); and, 
(4) nursing care provided in the level 2 hospital as well as total and 
intE!nsive skilled care . 
"Manifest or consignment note" refers to a form prescribed by the 
Department and the Philippine Nuclear Research Institute (PNRi) 
accompanying hazardous and radioactive wastes from the point of 
generation, through transport, to final disposition; 
"Military munitions" refer to all types of both conventional and chemical 
ammunition products and their components produced by or for the 
military for national defense and security, including munitions produced 
by other parties under contract with or acting as agent for the 
Department of National Defense (DND); 
"Mined cavities" refer to the emplacement of radioactive waste at some 
depths inside mines or caverns which is either man-made or natural; 
"Mutagens" refer to any SUbstance that can cause a change in genetic 
material; 
"Near surface facilities" refer to the disposal of radioactive wastes 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 meter below the earth's surface; 
"On-site treatment facilities" refer to facilities of generators who treat 
their own hazardous and radioactive wastes, either by themselves or 
through a service provider, inside fheir facUlties In compilance with 
5 


1 
waste acceptance criteria promulgated by the Department, the 
2 
Department of Health (DOH) and the PNRI; 
3 
4 
(jj) 
"Open burning" refers to the low temperature thermal destruction of 
5 
wastes by means of direct exposure to fire. For this purpose, this shall 
6 
apply to the traditional small-scale methods of community sanitation 
7 
called "siga"; 
8 
9 
(kk) 
"Partial treatment' refers to any process used to modify the 
10 
chara~teri~ti~ of a hazardous or radioaQtive waste with put totally 
11 
negating its hazardous characteristics. 
This may include volume 
12 
reduction, conditioning, moisture reduction and neutralization, among 
13 
others; 
14 
15 
(II) 
"Persistence" refers to the substantial length of time a compound, once 
16 
introduced inte the environment; stays there; er the property of a 
17 
substance whose half-life in water, sediment or soil exceeds duration 
18 
of fifty (50) days; 
19 
20 
(mm) "Person(s)" refers to any being, natUral or juridical, susceptible of rights 
21 
and obligations, or of being the subject of legal relations; 
22 
23 
(nn) 
"People's organization (PO)" refers to a nonprofit and non-stock 
24 
association of citizens in a locality, embracing a common goal to 
25 
proted the environment and, ultlmateiy, public heaith; 
26 
27 
(00) 
"Radioactive 
wastes" 
refer to materials that contain 
or are 
28 
contaminated with radionuclides at concentrations or activities greater 
29 
than clearance levels as established by the PNRI. This also refers to 
30 
disused sealed sources for which no use is foreseen; 
31 
32 
(pp) 
"Reactivity" refers to the 'state of a waste material, or a representative 
33 
sample of the waste material; exhibiting any of the following properties: 
34 
35 
(1) It is normally unstable and readily undergoes violent change 
36 
without detonating; 
37 
(2) It reacts violently with water; 
38 
(3) It forms potentially explosive mixtures with water; 
39 
(4) When iiiixed With water, it generates toxic gases, vapors or fumes 
40 
in a quantity sufficient to present danger to human health or the 
41 
environment; 
. 
42 
(5) it is a cyanide- or sulfide-bearing waste which, when exposed to pH 
43 
conditions between 2 and 12.5, can generate toxic gases, vapors or 
44 
fumes in a quantity sufficient to present a danger to human health 
45 
or the environment; 
46 
(6) It is capable of detonation or explosive reaction if subjected to a 
47 
streng initiating source or if reacted under c,mfinementi ar 
48 
(7) It is .readily capable of detonation or explosive decomposition or 
49 
reaction at standard temperature and pressure. 
50 
51 
(qq) 
"Resource recovery" refers to the collection, extraction or recovery of 
52 
recyclable materials from the waste stream for the purpose of 
53 
recycllt1g, get1etatlhg ehergy ot ptoducing a ptdduct suitable fot 
54 
beneficial use; 
Provided, That such resource recovery facilities 
55 
exclude incineration; 
56 
6 


1 
(rr) 
"Recycling" refers to the process of minimizing the generation of 
2 
wastes by reoovering usable products that might otherwise beoome 
3 
waste; 
4 
5 
(ss) 
"Segregation" refers to a wastes management practice of separating 
6 
different materials found in hazardous waste in order to promote 
7 
recycling and reuse of resources and to reduce the volume of wastes 
8 
for collection and disposaL This also refers to separating radioactive 
9 
wastes aocording to level of aotivity, physioal form and half-life; 
10 
11 
(tt) 
"Special hazardous wastes" refer to sUbstanoes discarded from 
12 
households consisting of consumer or industrial goods or products 
13 
which become hazardous at the end of its useful life by virtue of its 
14 
hazardous content which may be released to the environment upon 
15 
indiscriminate disposal; 
16 
17 
(uu) 
"Storage" refers to the containment of hazardous and radioactive 
18 
wastes, either on a temporary· basis or for a period of years, 
19 
cdnsistent with the guidelines as prescribi!!d by the Department and in 
20 
such a manner as not to constitute disposal of such wastes; 
21 
22 
(vv) 
"Surface impoundments" refer to pits, ponds, lagoons and dike areas 
23 
that are either natural topographic depressions or man-made 
24 
excavations that are primarily of earthen materials. They are designed 
25 
and constructed to hold or store, treat and/or dispose liquid waste or 
26 
waste containing free liquids through processes such as evaporation, 
27 
cooling. aeration, photo decomposition and/or settling; 
28 
29 
(ww)" Sustainable development' refers to development which meets the 
30 
needs of the present without compromising the ability of future 
31 
generations to meet their own needs; 
32 
33 
(xx) 
"Special hazardous wastes collectors" refer to entities which receive or 
34 
collect special hazardous wastes under a take-back program or similar 
35 
collection mechanism for the purpose of consolidating the wastes from 
36 
households or consumers, preparatory to delivery to an accredited 
37 
recycling or treatment facility; 
38 
39 
(yy) 
"Technical demonstration"· refers to the initial exhibition of a new 
40 
teohnology prooess or practice, or a signifioantly new combination or 
41 
use of technologies, processes or practices, subsequent to the 
42 
development stage, for the purpose of proving technological feasibility 
43 
and cost effectiveness; 
44 
45 
(zz) 
"Level 4 hospital' refers to a teaching and training hospital (with at 
46 
least one (1) accredited residency training program for physicians) that 
47 
ptdvldes: 
48 
49 
(1) clinical care and management on prevalent diseases in the locality 
50 
as weii as specialized and sub-specialized forms of treatment, 
51 
surgical procedure and intensive care; 
52 
(2) clinical services provided in the level 3 hospital as well as sub-
53 
specialized clinical care; 
54 
(3) appropriate administrative and ancillary services (tertiary clinical 
SS 
laboratory, third level radiology, pharmacy); and, 
56 
(4) nursing care provided in the level 3 hospital as well as continuous 
57 
and highly specialized critical care. 
7 


1 
2 
(aaa) "Thermal treatment refers to the controlled heating which involves a 
3 
prescribed beating rate, maximum temperature and cooling cycle to 
4 
produce the property and grain structure required; 
5 
6 
(bbb) "Toxicity" refers to the degree of danger posed by a sUbstance to 
7 
human or animal due to its acute lethality, chronic and sub-chronic 
8 
tOXicity, carcinogenicity, teratogenicity or mutagenicity, among others; 
9 
10 
(ccc) "Treatmenf' refers to any method, technique or process designed to 
11 
change the physical, chemical or biological character or composition of 
12 
any hazardous and radioactive wastes so as to render such waste 
13 
non-hazardous, safer for transport, amenable for recovery, amenable 
14 
for storage or reduced in volume; 
15 
16 
(ddd) "Treatment; storage and disposal facility (TSDF)" refers to a site where 
17 
a hazardous substance is 'treated, stored or disposed; 
18 
19 
(eee) "Waste aoceptance criteria" refers to a list of parameters which 
20 
describe the minimum characteristics which the waste should possess 
21 
before it may be placed or accepted in a TSDF. 
22 
23 
24 
CHAPTER II 
25 
26 
MANAGEMENT SYSTEM 
27 
28 
29 
SEC. 5. Identification and Listing of Hazardous Wastes. - Within six (6) months 
30 
from the effectivity of this Act, the Department shall, after notice and public 
31 
consultation, develop, formulate and publish criteria for identifying and listing the 
32 
characteristics of hazardous wastes, taking into account, but not be limited to, 
33 
toxicity, persistence, reactivity and degradability in nature, potential fcir 
34 
accumUlation in tissue, and other related factors such as ignitability, corrosivity 
35 
and other hazardous characteristics. Such criteria shall be reviewed and revised 
36 
every four (4) years thereafter, or as the need arises; 
Provided, that the 
37 
Department, in coordination with the DOH and the PNRI, shall also identify or list 
38 
those hazardous and radioactive wastes that contain certain constituents such as 
39 
identified carcinogens, mutagens or teratogens that endanger human health; 
40 
Provided, furlher, That the Department, in coordination with the DND and 
41 
appropriate government agencies; shall fermulate criteria for identifying when 
42 
military munitions become hazardous and radioactive wastes; Provided, finally, 
43 
That within six (6) months from the effectivity of this Act, the Department, in 
44 
coordination with the Department of Trade and Industry (DTI) and the 
45 
Department of the Interior and Local Government (DILG), after public 
46 
consultation, shall formulate criteria for identifying and listing the categories of 
47 
special hazardous waste products to be tracked and regulated, taking Into 
48 
account, but not be limited to, the presence of toxicity, reactivity, ignitability and 
49 
corrosivity. 
50 
51 
52 
SEC. 6. Notification of Hazardous and Radioactive Wastes Activity. - Upon the 
53 
effectivity of this Act, any person generating or managing hazardous or 
54 
radioactive wastes is required to notify in writing the Department, the DOH and 
55 
the PNRI of their hazardous or radioactive wastes activities specifying, among 
56 
others, the types of wastes, quantities and containers used for storage, including 
57 
incidents involving hazardous and radioactive wastes. 
8 


1 
2 
3 
SEC. 7. 
National Hazardous and Radioactive Wastes Status Report. - The 
4 
Department, in coordination with the DOH, the PNRI and other concerned 
5 
agehCies, SMII, Withih Six (6) mohthS, publiSh a Wastes Mahagemeht Status 
6 
Report which shall be used as a basis in formulating the National Hazardous and 
7 
Radioactive Wastes Management Framework provided in Section 8 of this Act. 
S 
9 
The said report shall include, but shall not be limited to, the following: 
10 
11 
(a) Inventory of existing hazardous and radioactive wastes and their depots 
12 
and facilities; 
13 
14 
(b) General waste characterization, taking into account, but not be limited to, 
15 
the source, type and quantity of hazardous and radioactive wastes 
16 
generated; 
17 
18 
(c) Projection of hazardous and radioactive wastes generation, including 
19 
quantity for reduction, recovery and reuse; 
20 
21 
(d) Listing of treatment, storage and disposal facilities, including transporters 
22 
of hazardous and radioactive wastes; and, 
23 
24 
(e) Listing of identified contaminated sites. 
25 
26 
27 
SEC. 8. National Hazardous an.d Radioactive Wastes Management Framework. 
28 
- Within eighteen (18) months from the effectivity of this Act; the Department; in 
29 
coordination with the DOH, the PNRI and other appropriate agencies and 
30 
entities, shall prepare and formulate a National Hazardous and Radioactive 
31 
Wastes Maliagement Framework, herelh referred to as the "FrameWOrk", that 
32 
shall embody poliCies established pursuant to this Act. 
Specifically, the 
33 
Framework shall contain the following: 
34 
35 
(a) Hazardous and radioactive wastes control strategies and techniques; 
36 
37 
(b) Proper hazardous and radioactive wastes transport, treatment, storage 
38 
and disposal systems; 
39 
40 
(c) Waste reduction goals and·targets; 
41 
42 
(d) Period of compliance fer waste reel:letien; 
43 
44 
(e) Information and education campaign; 
45 
46 
(f) Human resources development; and, 
47 
48 
(g) RoleS ahd respoHslbllities of relevalit go\lerHrHeht ageHt:ies. 
49 
50 
The framework shall be adopted as the official blueprint for hazardous and 
.5 i 
radioadive wastes management with which aU relevant government agencies 
52 
must comply with. 
53 
54 
55 
SEC. 9. Use of Best Available Technology and, Best Environmental Practices in 
56 
Hazardous and Radioactive Wastes Management, - Generators and owners of 
57 
treatment, storage and disposal facilities are required to use best available 
9 


1 
technologies and best environmental practices (BAT I BEP) in hazardous and 
2 
radioaotive wastes management. The Department, in coordination with the Inter-
3 
Agency Technical Advisory Council (IATAC) created herein, shall formulate 
4 
criteria in assessing the proposed BAT I BEP to be used. In the formulation of 
5 
these criteria, consideration shall be given, among others, to the relative 
6 
economic feasibility of the technology. Further, such technology shall render the 
7 
waste sufficiently low in toxicity, reactivity, corrosivity and ignitability as to present 
8 
the ieast possibie risk to human heaith and safety and to the environment. 
9 
10 
11 
SEC. 10. Requirements for Generators of Hazardous and Radioactive Wastes. -
12 
Within six (6) months after the effectivity of this Act, the Department, the DOH 
13 
and the PNRI shall establish requirements for generators of such hazardous and 
14 
radioactive wastes necessary to protect human health and the environment. 
15 
These requirements shall ensure that the generators shall be responsible for the 
16 
proper management of the wastes generated and bear the costs for proper 
17 
storage, transport, treatment and disposal of such wastes. 
Further, such 
18 
requirements shall include, but not be limited to, the following: 
19 
20 
(a) Recordkeeping practices that accurately identify the quantities of such 
21 
hl!l~ardous ,ant!. radioactive wast~s generat~d, the ,constitl,lent ,ther~of 
22 
which are significant in quantity or in potential harm to human health or the 
23 
environment, and the disposition of such wastes; 
24 
25 
(b) Use of appropriate storage facilities and containers to prevent release of 
26 
materials to the environment; 
27 
28 
(c) Labeling practices for any containers used for the storage, transport or 
29 
disposal of such hazardous and radioactive wastes that will identify 
30 
accurately Such wastes; 
31 
32 
(d) Use of a manifest or consignment note system and any other means 
33 
necessary to assure that all hazardous and radioactive wastes generated 
34 
are designated for treatment, storage or disposal in, and arrived at TSDFs 
35 
with appropriate permit issued pursuant to this Act; 
36 
37 
(e) Emergency and contingency plans for effective action to minimize 
38 
damage and contain and mitigate effects of spills and accidents in 
39 
connection with the generation, transport, storage or disposal of such 
40 
wastes; 
41 
42 
(f) When it is necessary to transport the wastes, the generators shall only 
43 
engage the services of transporters and the TSDFs holding permits issued 
44 
pUrsUant to tHis ACt; arid, 
45 
46 
(g) In the, case <?f radio~ctive wastes, thj3 wastes ,generator is required to 
47 
submit a certificate of transport from their radiological health and safety 
48 
officer (RHSO) for the transport of radioactive wastes to the treatment 
49 
facility. 
50 
51 
52 
SEC. 11. 
Requirements Applicable to Transporters of Hazardous and 
53 
Radioactive Wastes. - Within six (6) months after the effectivity of this Act, the 
54 
Department, in coordination with the DOH, the PNRI' and the Department of 
55 
Transportation and Communications (DOTC); shall establish requirements 
56 
applicable to transporters of hazardous and radioactive wastes necessary to 
10 


1 
protect human health and the environment. Such requirements shall include, but 
2 
need not be limited to, the following: 
3 
4 
(a) Recordkeeping concerning such wastes transported, and their source and 
5 
delivery points; 
6 
7 
(b) Use of carriers duly registered with the DOTC; 
8 
9 
(c) Transport of wastes only if properly labeled; 
10 
11 
(d) Transport of wastes orilY to the TSDF Which the generator designates in 
12 
the manifest form to be a facility holding appropriate permit issued 
13 
pursuant to this Act; 
i4 
15 
(e) Emergency and contingency plans for effective action to minimize damage 
16 
and contain and mitigate of spills and accidents in connection with the 
17 
transport of such wastes; and, 
18 
19 
(f) Coordination with other concerned government agencies in the event that 
20 
transport of such hazardous and radioactive wastes to the deSignated 
21 
TSDF requires security escort or police protection/assistance. 
22 
23 
24 
SEC. 12. Requirements Applicable to Owners of Hazardous and Radioactive 
25 
Wastes Treatment, Storage and Disposal Facilities. - Within six (6) months after 
26 
the effectivity of this Act, the Department, in coordination with the DOH and the 
27 
PNRI, shall establish requirements applicable to owners of the TSDFs of 
28 
haiaitloiJs aM raclioactilie Wastes necessaiY to protect hUman health and the 
29 
environment; 
Provided, That the Department, the DOH and the PNRI shall, 
~O 
YihE!r.e app!i,cable, di~tingui~hrequirer:nent~aPeropriate for new and, existing 
31 
facilities at the time of the effectivity of this Act. Such requirements shall include, 
32 
but need not be limited to, the' following: ' 
' 
33 
34 
(a) Performance 
standards 
for 
the 
design, 
construction, 
operation, 
35 
maintenance and monitoring of the facility; 
36 
37 
(b) Requirements and standards to ensure adequate resources, including 
38 
human and financial, throughout the life cycle of the facility; 
39 
40 
(c) Requirements and standards for the closure, decommissioning and post-
41 
closure care, monitoring and maintenance and use of the facility; 
42 
43 
(d) Waste acceptance requirements and procedures, approved by the 
44 
Department, the DOH and the PNRI, for different types of hazardous and 
45 
radioadive wastes packages; and, 
46 
47 
(e) Management, engineering controls, and use of personnel protective 
48 
equipment to minimize exposure of workers to the hazardous wastes and 
49 
medical surveillance of workers directly involved in the collection, 
50 
transport, storage or disposal of hazardous wastes. 
51 
52 
53 
SEC. 13. Gategaries af TSDFs far Hazardous and Radioactive Wastes. - Within 
54 
six (6) months after the effectivity of this Act, the Department shall formulate 
55 
specific, relevant and appropriate standards, including waste acceptance criteria, 
56 
for the various categories of TSDFs identified hereunder; Provided, That no 
57 
waste shall be accepted unless it complies with the waste acceptance criteria 
11 


1 
formulated pursuant to this Act; 
Provided, further, That the Department shall 
2 
revise, as the need arises, the regulations, standards and guidelines applicable 
3 
to the categories listed hereunder, taking into account improvements in the 
4 
technology of control and measurement; Provided, finally, That such regulations 
5 
shall specify criteria for the acceptable location of new and existing TSDFs as 
6 
necessary to protect human health and the environment. 
7 
8 
The categories of TSDFs are as follows: 
9 
10 
(a) Facilities that conduct on-site' storage, treatment and disposal of 
11 
hazardous wastes generated or produced at the premises through 
12 
industrial or commercial processes and activities other than disposal via 
13 
sewer - The Department shall encourage on-site treatment of hazardous 
14 
wastes by, among others, providing for incentives; 
Provided, That 
15 
generators who undertake partial treatment of wastes shall not be 
16 
considered as on-site facility operators for purposes of this category; 
17 
Provided, however, That mining operations shall fall under this category; 
18 
19 
(5) Commercial of indUstrial hazardous wastes thermal treatment facilities; 
20 
21 
(c) TSDFs. in this category ,,!ra facilities .that.conduct on-site. and off-site 
22 
thermal treatment; 
Provided, That the Department shall promulgate 
23 
regulations on hazardous wastes used as fuel and raw material; 
24 
Provided, further, That the Department may also exempt from the 
25 
requirements hereof facilities which burn de minimis· quantities of 
26 
hazardous wastes as fuel, as defined by the Department, if: 
27 
28 
(1) the wastes are burned at the same facility at which such wastes are 
29 
generated; 
30 
31 
(2) the waste is burned to recover useful energy, as determined by the 
32 
Department on the basis of the design and operating characteristics 
33 
of the facility and the heating value and other characteristics of the 
34 
waste; and, 
35 
36 
(3) the waste is burned in a type of device determined by the 
37 
Department to be deSigned and operated at a destruction and 
38 
removal efficiency sufficient such that the protection of human 
39 
health and environment is assured; 
40 
41 
(d) Landfills that accept hazardous wastes for disposal - The Department 
42 
shall, after due review and public consultation, promulgate regulations 
43 
concerning the prohibition of specified hazardous wastes in landfills; 
44 
ProvTded, That the plaooment of sUch speCified hazardoUs wastes in 
45 
landfills may be allowed upon determination by the Department that the 
4~ 
prohib!tion for dispo~.al of such waste in landfill~ is not ,required in order to 
47 
protect human health and the environment for as long as the waste 
48 
remains hazardous, taking into .account the following factors: 
49 
50 
(1) The long-term till certainties associated with land disposal; 
51 
52 
(2) The geal ef managing hazardeus wastes in an apprel'lriate manner 
53 
in the first instance; and, 
54 
55 
(3) The persistence; toxicity; mobility and propensity to bio-accumulate 
56 
such hazardous wastes and their hazardous constituents. 
57 
12 


1 
For this purpose, disposal of hazardous wastes in landfills is deemed to be 
2 
protective of human health and the environment if it is dE)termined that 
3 
there will be no migration of hazardous constituents of the wastes from the 
4 
disposal unit or injection zone; Provided, however, That the disposal of 
5 
ahY liquid ih landfills shall be prohibited; 
PreMded, further, That the 
6 
disposal in landfills of wastes containing hazardous solvents, pesticides 
7 
and polycyclic hydrocarbons such as, among others, furans and dioxins, 
8 
as determined by the department, after public consultation, is prohibited 
9 
unless the Department determines the prohibition of the disposal of such 
10 
waste is not required in order to protect human health and the 
11 
environment for as long as the waste remains hazardous, taking into 
12 
accountthe factors referred to in subparagraphs (1) to (3) ofthis category. 
13 
14 
Within six (6) months from the preparation of the status report, the 
15 
Department shall review, classify and rank, subject to public consultations, 
16 
all hazardous wastes listed pursuant to this Act, other than those wastes 
17 
which are referred to in subparagraph (3) of this category or deep injection 
18 
wells. 
Within twelve (12) months thereafter, the Department, when 
19 
necessary, sf@1 promulgate regUlations pfofii6iUng disposal in landfills of 
20 
such hazardous wastes listed and ranked; Provided, That the Department 
21 
I'!hall p~omptly publish in a llE)wspaper of gen.eral circulation n9tic~ of such 
22 
determination, together with an explanation of the basis for such 
23 
determination; 
Provided, further, That the storage of hazardous and 
24 
radioactive wastes in landfills is hereby prohibited; 
25 
26 
(e) Facilities that recycle. or reprocess hazardous. wastes which are not 
27 
generated or produced at the premises - The Department; in coordination 
28 
with the POST, shall promulgate standards for this category of the TSDF. 
29 
Facilities in this category are those that receive off-site treatment of 
30 
hazardous wastes and recOVer valuable materials from the hazardous 
31 
wastes, use hazardous wastes as input materials or fuel for production, or 
32 
produce compost by biological treatment of hazardous wastes. These 
jj 
also include, but are not limited to, reclaimers of spent lead-acid batteries, 
34 
precious metals and oil recyclers; 
35 
36 
(f) Other off-site treatment facilities - Facilities in this category are those 
37 
facilities that receive hazardous wastes outside the premises and 
38 
transform physical and/or chemical characteristics of the hazardOUS 
39 
wastes by physicochemical or thermal treatment other than incineration or 
40 
in order to dispose of them into landfills; 
41 
42 
(g) Facilities that store hazardous and' radioactive wastes which are not 
43 
generated or produced at the premises within allowable period - The 
44 
storage of any haiaitlolis and radioactiile Waste is prohibited, Uliless slich 
45 
storage is solely for the purpose of the accumulation of such quantities of 
4~ 
hazardous wastes as are Ilecessary to facilitate proper recovery, 
47 
treatment or disposal but shall not be longer than is prescribed by the 
48 
Department; and, 
49 
50 
(h) Other land disposal facilities - Facilities under this category shall include, 
51 
among others, deep injection wells, borehole facilities, near surface 
52 
facilities; mined cavities; surface impoundments, land treatment unitslland 
53 
farming and abandoned underground mines. 
54 
55 
56 
13 


1 
SEC. 14. Closure Plan. - The owner of TSDFs shall submit a closure plan, 
2 
inoluding the funds and human resources necessary for the same, subjeot to the 
3 
review and approval of the Department. 
4 
5 
6 
SEC. 15. Post-closure of Facility. - The owner of a TSDF must close the facility 
7 
upon termination of its operation and shall, after such closure, provide for 
8 
protection during a post-closure care period, in accordance with the requirements 
9 
of the Department and the clos.ure plan, including the funds and human 
10 
resources necessary for the same. The protection shall include, but shall not be 
11 
limited to, monitoring, repair and maintenance. 
The owner shall maintain a 
12 
hazardous waste facility permit for the post-closure care period pursuant to 
13 
Chapter VI hereof. 
14 
15 
16 
SEC, 16, 
Environmental Impact Statement (E/S) System. -
Prior to the 
17 
establishment of TSDFs, all government agencies and private corporations, firms 
18 
and entities which intend to set up TSDFs shall be subject to the Environmental 
19 
Impact Statement (EIS) System purSuant to the prOViSions of PreSidential Decree 
20 
No. 1586 and its implementing rules and regulations. 
21 
22 
23 
SEC. 17. 
Formulation of Soil Quality Standards for Identification of 
24 
Contaminated Sites. - Within six (6) months from the effectivity of this Act, the 
25 
Department, in coordination with other relevant government agencies, shall 
26 
formulate soil quality standards which shall be used to determine contaminated 
27 
sites. 
28 
29 
30 
SEQ; 18; Registry of Contaminated Sites. - The Department shall maintain a 
31 
registry of confirmed contaminated sites in the country based on the soil quality 
32 
standards set pursuant to Section 17 hereof; Provided, That the Department 
33 
shEill take all necessary action to ensure tliat the registry provides a complete 
34 
listing of all such sites, their exact location and the types of waste found at each 
35 
site; 
Provided, further, That in developing and maintaining the registry, the 
36 
Department shaii assess, based upon new information received, the relative 
37 
priority of the need for action at each site to remedy environmental and health 
38 
problems resulting from the presence of hazardous and radioactive wastes at 
39 
such sites; 
Provided, finally, That any site classified as properly closed or 
40 
remediated where no evidence of present or potential adverse impact exists shall 
41 
be deleted from the registry. 
42 
43 
44 
SEC. 19; 
Import and Export of Hazardous and Radioactive Wastes; -
In 
45 
accordance with Section 2 (c) hereof, the Department and the PNRI shall 
46 
promUlgate rules and regulations on the import and export of hazardous and 
47 
radioactive wastes consistent with relevant mUltilateral international agreements 
48 
and protocols. 
49 
50 
51 
SEC. 20. 
Market-based Instruments, 
Responsible Care and Product 
52 
Stewardship Program. - Within six (6) months from the effectivity of this Act, the 
53 
Department, in coordination with the manufacturers of commercial or industrial 
54 
products, shall identify and implement market-based, instruments, extended 
55 
producer responsibility, responsible care, products stewardship programs that 
56 
shall promote cleaner production, waste minimization and resource recovery; 
14 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
~O 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
55 
56 
Provided, That the Department shall identify and list products that shall be 
covered by such programs. 
CHAPTER III 
RADIOACTIVE WASTES 
SEC. 21. 
Listing of Radioactive Wastes. - Within six (6) months from the 
effectivity of this Act, the Department of Science and Technology (DOST) - PNRI, 
in coordination with the Department, after public consultation, shall formulate and 
publish the criteria for identifying and listing the types of radioactive wastes to be 
monitored and regulated. 
, 
,,~ " 
"'-
>. 
,-" 
' 
, 
-
--~" 
SEC. 22. Classification of Radioactive Wastes. - The PNRI shall establish the 
waste classification system based on internationally-acceptable guidelines. The 
classification system shall be based primarily on the safety aspects of radioactive 
wastes disposal; Provided, That other stages of radioactive wastes management 
may also be developed by the PNRI.· . 
.. 
SEC. 23. Management of Radioactive Wastes. - Pursuant to Sections 10, 11 
and 12 hereof, the PNRI shall promulgate rules and regulations on radioactive 
wastes management. Said rules and regulations shall be based on the best 
available technique to limit the outflow of radioactive substances to the 
eniiironment, taking ilito account the benefits as well as the cost of the technique. 
The technique shall be both technically and economically feasible; 
Provided, 
"[h.at said rules .am~ regulations '!lay .be based on, but not be limited to, the 
following methods of managing radioactive wastes: 
(a) Dilute and Disperse - Radioactive waste with activity level that can be 
disposed of as ordinary waste into the sewage, municipal landfills, etc.; 
(b) Delay and Decay -
Short-lived raaionucliaes by storin9 unaer well 
controlled conditions until the radioactivity has decayed to a level which 
meets the established exemption or clearance limits for such waste; 
(c) Characterization, 
Segregation, 
Treatment, 
Conditioning, 
Transport, 
Storage, Disposal Methods for managing radioactive wastes containing 
long-lived radii:) nuclides, including disused, sealed sl::lUrces and other 
wastes that cannot be managed under subsections (a) and (b) of this 
Section; 
Provided, That the acceptable storage period for conditioned 
wastes prior to the establishment of a finai disposal repository shali 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. 
15 


1 
SEC. 25. Site Requirement and Selection Criteria. - The PNRI shall develop and 
2 
promulgate generic site requirements for locating a final repository for radioactive 
3 
wastes. 
4 
5 
6 
SEC. 26. Safety Assessment and Environmental Impact Assessment (EIA). -
7 
The PNRI shall develop and promulgate criteria and regulations on the 
8 
performance requirements and safety assessment of the TSDF; Provided, That 
9 
the safety assessment shall, among others, address both radiological and non-
10 
radiological risks; Provided, further, That non-radiological EIA shall be carried 
11 
out in accordance with relevant environmental laws. 
12 
13 
14 
SEC. 27. Emergency Preparedness. - The PNRI shall promulgate requirements 
15 
and guidance on the formulation of emergency plans commensurate to the 
16 
seriousness of the accidents that could occur at the TSDFs. 
17 
18 
19 
SEC; 28; 
Security. -
The PNRI shall promulgate guidelines on security 
20 
arrangements that should be in place to ensure that radioactive waste is not 
21 
accidentally or deliberately removed from their proper location without location. 
22 
PartlciJlar attention shall be given to materials of iiitrinsic value that could pose a 
23 
serious threat to human health and the environment if control were lost. 
24 
25 
26 
CHAPTER IV 
27 
28 
HAZARDOUS HEAL THCARE WASTES 
29 
30 
31 
SEC. 29. Listing of Hazardous Healthcare Wastes. - Within six (6) months from 
32 
the effectivity of this Act, the DOH, in coordination with the Department and the 
33 
01l6; after public consultation; shall formulate criteria for identifying and listing 
34 
the categories of hazardous healthcare wastes to be tracked and regulated. In 
35 
the formulation of such criteria, the DOH shall take into account, but not be 
36 
limited tb, presenCE! bf InfE!ctious agents, toxiCity, rE!actlvlty, It:jnitability and 
37 
corrosivity. 
38 
39 
40 
SEC. 30. Management of Hazardous Healthcare Wastes in Hospitals and Other 
41 
Healthcare Facilities. - Pursuant to Sections 10, 11 and 12 hereof, the DOH shall 
42 
promulgate rules and regulations. on the effective management of hazardous 
43 
healthcare wastes in hospitals and other healthcare facilities. Such rules and 
44 
regulations shall include, but not be limited to, the following: 
45 
46 
(a) Hospitals and other healthcare facilities shall practice or implement waste 
47 
minimization and segregation; 
48 
49 
(b) Segregation at source shall be the responsibility of the waste generator; 
50 
51 
(c) Appropriate storage receptacles or bins shall be provided for each 
52 
healthcare waste category; 
53 
54 
(d) Labeling of receptacle per waste category shall likewise be implemented 
55 
for identification of waste and management measures in case of 
56 
accidents; 
57 
16 


1 
(e) All hazardous healthcare wastes shall be collected and stored in 
2 
designated on-site storage areas until transported to a TSDF; 
3 
4 
(f) Treatment of hazardous healthcare wastes on-site shall be done through 
5 
appropriate treatment methods; 
6 
7 
(g) Upon the approval of the Department, healthcare facilities with capacity to 
8 
manage hazardous health care wastes on-site may also treat for a fee the 
9 
hazardous healthcare wastes generated by other healthcare facilities; 
10 
Provided. That in case of treatment of radioactive healthcare wastes, 
11 
approval of the PNRI shall be secllred; 
12 
13 
(h) For hazardous healthcare liquid waste, all healthcarefacilities shall 
14 
provide wastewater treatment facilities and comply with the effluent 
15 
standards set by the DBNR. 
Treatment and disposal of sludge shall 
16 
conform to the provisions of this Act; and, 
17 
18 
(i) To ensure the proper management of hazardous healthcare wastes, a 
19 
committee on hazardous healthcare wastes management may be created 
20 
in all healthcare facilities; Provided, That in all level 1, level 2, level 3 and 
21 
level 4 hospitals, the creation of a committee on hazardous healthcare 
22 
wastes management shall be mandatory; 
The committee shall also 
23 
develop an emergency plan to ensure an immediate and appropriate 
24 
action once an emergency occurs. For other healthcare establishments, a 
25 
hazardous hE!althcarE! waste management officer shall be designated. 
26 
27 
2S 
cHAptER V 
29 
30 
SPECIAL HAZARDOUS WASTES 
31 
32 
33 
SEC. 31. Col/ection of Special Hazardous Wastes. - Local government units 
34 
(LGUs) shall be responsible for the collection of special hazardous wastes, as 
35 
listed by the Department in accordance with Section 5 hereof, from persons and 
36 
households; Provided, That the LGUs may enter into agreement with entities 
37 
duly accredited by the Department for the collection of special hazardous wastes. 
38 
39 
40 
SEC. 32. Responsible Care Program for Special Hazardous Wastes. - The 
41 
LGUs. shall enact 
appropriat~ ordinanqes. implementing responsii:>le. care, 
42 
extended producer responsibility or product stewardship program that shall 
43 
include, but shall not be limited to, take back or return to supplier schemes, that 
44 
shall promote cleaner production, waste minimization and resource recovery. 
45 
46 
47 
SEC. 33. 
Transport) Treatment) Storage and Disposal of Special Hazardous 
48 
Wastes. - Upon collection of hazardous special wastes by LGUs pursuant to 
49 
Section 31 hereof, the transport, treatment, storage and disposal of special 
50 
hazardous wastes shall be regulated in accordance with this Act. 
51 
52 
53 
CHAPTER VI 
54 
55 
INSTITUTIONAL MECHANISM 
56 
57 
17 


1 
SEC. 34. Lead Agency. - The Department shall be the primary government 
2 
agency responsible for the implementation and enforcement of this Act, including 
3 
in Philippine Economic Zone Authority (PEZA) areas, special economic zones 
4 
and freeports, unless otherwise provided herein. As such, it shall have the 
5 
following functions, poWers and responsibilities: 
6 
7 
(a) Prepare a National Hazardous and Radioactive Wastes Report; 
8 
9 
(b) Prepare a National Hazardous and Radioactive Wastes Management 
10 
Framework; 
11 
12 
(c) Develop 
and 
promulgate 
criteria for identifying and 
listing 
the 
13 
characteristics of hazardous and radioactive wastes; 
14 
15 
(d) Establish, enforce, review and revise standards for generators of 
16 
hazardous and radioactive wastes; 
17 
18 
(e) Establish, enforce, review and revise standards for transporters of 
19 
hazardous and radioactive wastes; 
20 
21 
(f) Establish, enforce, review and revise standards applicable to owners and 
22 
operators of facilities for the treatment; storage and disposal of hazardous 
23 
and radioactive wastes; 
24 
25 
(g) Exercise jurisdiction over all aspects of generation, possession, collection, 
26 
destruction, recovery, use, storage, transportation, entry into, even in 
27 
transit, treatment and disposal of hazardous and radioactive wastes; 
28 
29 
(h) Evaluate applications for and issue permits and licenses' pursuant to this 
~O 
Act; 
31 
32 
(i) Revoke, modify or deny in accordance with the standards, rules and 
33 
regulations, hazardous waste transporter licenses, TSDFs permits and 
34 
other permitsllicenses issued in accordance with this Act; 
35 
36 
0) Establish a cooperative effert ameng the national gevernment; lGlJs; 
37 
academic institutions, civil society and the private sector to attain the 
38 
objectives of this Act; 
39 
40 
(k) Develop and implement programs to achieve goals and objectives set 
41 
under this Act; 
42 
43 
(I) Accept, receive and administer grants or other funds or gifts from public 
44 
and private agencies, for the purpose of carrying out the provisions of this 
45 
Act. Funds received by ihe Department pursuant to this section shall 
46 
accrue to the Hazardous and Radioactive Wastes Management Fund; 
47 
48 
(m)Secure necessary scientific, technical, including laboratory facilities, by 
49 
contract or otherwise; 
50 
51 
(n) Encourage, coordinate, partiCipate In or conduct studies, investigations, 
52 
research and technical demonstrations relating to hazardous and 
53 
radioactive wastes management as it may deem advisable and necessary 
54 
for the discharge of its duties pursuant to this Act; 
55 
56 
(0) Ehcourage Waste reduction, reSi:iurce recovery, exchange and energy 
57 
conservation in hazardous and radioactive wastes management; 
18 


1 
2 
(p) Oversee any oorreotive action work undertaken pursuant to rules and 
3 
regulations issued in accordance with this Act; 
4 
5 
(q) Formlilate and Undertake appropriate protocol with other cOhcerned 
6 
agencies for immediate coordinated responses to hazardous and 
7 
radioactive waste-related emergency incidents; 
8 
9 
(r) Issue order against any person or entity and impose fines, penalties and 
10 
other administrative sanctions to compel compliance with the provisions 
11 
hereof, standards, rules and regulations issued pursuant to this Act; and, 
12 
13 
(s) Exercise such powers and perform such other functions as may be 
14 
necessary to carry out the objectives of this Act. 
15 
16 
17 
SEC. 36. 
Role of the PNRI. - The PNRI shall be primarily responsible in 
18 
performing the following duties and responsibilities: 
19 
20 
(a) Develop and promulgate regulations establishing a program for the 
21 
monitoring of the radioactive wastes listed pursuant to this Act; 
22 
23 
(b) Develop, promUlgate and publish criteria for identifying and listing the 
24 
types of radioactive wastes to be monitored and regulated; 
25 
26 
(c) Develop and promulgate rules and regulations on the radioactive wastes 
27 
management pursuant to Section 23 hereof; 
28 
29 
(d) Formulate specific, relevant and appropriate waste acceptance criteria for 
30 
transporters and TSDFs of radioactive wastes pursuant to Section 24 
31 
hereof; 
32 
33 
(e) Exeh::ise jUrisdiction over all aspeCts of generation, pOSsession, collection, 
34 
recovery, transport, entry, even in transit, into Philippine territory, 
35 
treatment, storage and disposal of radioactive wastes; and, 
36 
37 
(f) Exercise such powers and perform such other functions as may be 
38 
necessary to carry out the provisions of this Act. 
39 
40 
41 
SEC. 37. Role of Local Government Units (LGUs). - Local government units 
42 
shall have the following duties and responsibilities: 
43 
44 
(a) Share the responsibility for the implementation; enforcement and 
45 
monitoring of the provisions of this Act within their territorial jurisdictions 
46 
such as the registration and compliance monitoring of generators, 
47 
transports and TSDFs; 
48 
49 
(b) Prepare a compliance scheme in accordance with their special hazardous 
50 
wastes management program; 
51 
52 
(c) Segregation and collection of special hazardous wastes; 
53 
54 
(d) Emergency preparedness arid response; 
55 
56 
(e) Participate in all efforts concerning hazardous and radioactive wastes 
57 
management; and, 
19 


1 
2 
(f) Enact appropriate ordinances to implement LGU's role in this Act. 
3 
4 
5 
SEC. 38. The Interagency Technical Advisory Council (IATAC). - For purposes 
6 
of policy integration and harmonization and coordination of functions, there is 
7 
hereby created an IAT AC attached to the Department which shall be composed 
8 
of the fOllowing officials or their duly authorized representatives: 
9 
10 
(a) Secretary of Environment and Natural Resources, as chairperson; 
11 
(b) Secretary of Health, as co-chairperson; 
12 
(c) Secretary of Science and Technology, as co-chairperson; 
13 
(d) Secretary of Agriculture; 
14 
(e) Secretary of Finance; 
15 
(f) Secretary of Trade and Industry; 
16 
(9) Secretary of National Defense; 
17 
(h) Secretary of Foreign Affairs; 
18 
(i) Secretary of Transportation and Communications; 
19 
0) President of League of Cities; 
20 
(k) President of League of Municipalities; 
21 
(I) President of League of Provinces; 
22 
(iii)Pri;isideiit bf LeagUe bf Baraiigays; 
23 
(n) Director General of the Philippine Export Zone Authority; 
~4 
(0) Representat!ve from <;ivil, soch:~ty; 
25 
(p) Representative from the Industry; 
26 
(q) Representative from the TSDF operators; and, 
27 
(r) Representative from the academe as members, 
28 
29 
The IATAC shall have the following functions, among others: 
30 
31 
(a) Develop and promulgate criteria in assessing the proposed BAT/BEP to 
32 
be used accordance with Section 9 hereof; and, 
33 
34 
(b) Constitute and authorize a multidisciplinary body to conduct annual audit 
35 
to determine compliance of the TSDF perpetrators with the terms and 
36 
conditions in the permits and licenses issued pursuant to this Act. 
37 
38 
39 
$Ee.39. the IATAC Technical Working Group. - The iATAC shall be supported 
40 
by a technical working group (TWG) which shall be composed of representatives 
41 
of the following: 
42 
43 
(a) Environmental Management Bureau (EMB) of the Department; 
44 
(b) Environmental and Occupational Health Office of the DOH; 
45 
(c) Philippine Nuclear Research Institute of the DOST; 
46 
(d) Industrial Technology Development Institute of the DOST; 
47 
(e) Bureau of Health Facilities and Services of the DOH; 
48 
(f) Bureau of Soil and Water Management of the Department of Agriculture 
49 
(DA); 
50 
(9) Fertilizer ahd Pesticide AutHOrity of the DA; 
51 
(h) Bureau of Customs of the Department of Finance; 
~7 
(I) !3.ureau 9f International :rrad~I~elations of the DTI; 
53 
0) Board of Investments of the DTI; 
54 
(k) Bureau of Import Services of the DTI; 
55 
(I) Department of National Defense; 
56 
(m)Land Transportation Office of the DOTC; 
20 


1 
(n) Occupational Health and Safety Center of the Department of Labor and 
2 
Employment; 
3 
(0) Philippine Coast Guard; 
4 
(p) Nongovernmental organizations (I'iIGOs); 
5 
(q) Industry; and, 
6 
(r) the Academe. 
7 
8 
The lWG shail provide technical support to the IATAt. 
9 
10 
11 
SEC. 40. Linkage Mechanism. - The Department and its concerned agencies 
12 
may coordinate and enter into agreement with other government agencies, civil 
13 
society, industrial sector and other concerned sectors in the furtherance of the 
14 
policies of this Act; 
Provided, That the Department shall coordinate with the 
15 
DILG and the Philippine National Police in the enforcement of the requirements 
16 
for transporters issued pursuant to this Act. 
17 
18 
19 
SEC; 41; Visitorial Powers. - The Department, the PNRI and the DOH or their 
20 
duly authorized representatives shall have access to, and the right to copy 
21 
therefrom, the records required to be maintained pursuant to the provisions of 
22 
this Act. The Secretary of the Department and the DOA and the Director of the 
23 
PNRI or their authorized representatives shall likewise have the right to enter the 
?4 
premises of any .generator,. transp0rt,,;r or TSQF any time to question al')y 
25 
employee or investigate any fact, condition or matter which may be necessary to 
26 
determine any violation, or which may aid in the effective enforcement of this Act 
27 
and its implementing rules and regulations. This section shall not apply to private 
28 
dwelling places unless the visitorial power is otherwise judicially authorized. 
29 
30 
31 
CHAPTER VII 
32 
33 
PERMITS AND FEES 
34 
35 
36 
SEC. 42. 
Permits for Treatment, Storage or DisfXJsal of Hazardous and 
37 
Radioactive Wastes. -
38 
39 
(a) Issuance of Permit - Any person owning an existing or a new TSDP of 
40 
hazardous or radioactive wastes identified or listed pursuant to this Act is 
41 
required to secure a permit or license pursuant to this section. 
The 
42 
Department and the PNRI shall. prescribe reasonable fees. fOr t.he ISsuance 
43 
of said permit or license. 
44 
45 
tb) Duration of Permit - Any permit under this section shall be issued annuaily 
46 
during the first three (3) years of operation as a TSDF. Thereafter, the 
47 
Department and the PNRI may issue a permit or license which is valid for 
48 
five (5) years to a TSDF who has satisfactorily complied with the rules and 
49 
regulations issued pursuant to this Act for three (3) consecutive years; 
50 
Provided, That an annual audit shall be conducted by a multidisciplinary 
51 
body constituted and authorized by the IATAC created pursuant hereof. 
52 
53 
(c) Permit Medificatieni Suspension and Revocation - The Department and 
54 
the PNRI shall modify, suspend and revoke such permit upon a 
55 
determination of noncompliance by a TSDF with the relevant provisions of 
56 
this Act or the terms and conditions of the permit. 
57 
21 


1 
(d) Interim Status - Any person who owns a TSDF in existence prior to this 
2 
Act which is required to have a permit under this section shall be treated 
3 
as having been issued such permit for a period of twelve (12) months after 
4 
the effectivity of this Act; Provided, That the required application for a 
5 
TSDP peliiiit or license shall have been filed within the said twelve (12)-
6 
month period; Provided, further, That this paragraph shall not apply to any 
7 
facility which has been previously denied a TSDF permit or license or if 
8 
authority to operate the facility has been previously terminated. 
9 
10 
11 
SEC. 43. Hazardous and Radioactive Wastes Transporter License. -
12 
13 
(a) Any person transporting any hazardous and radioactive waste is required 
14 
to secure a waste transporter license from the Department, subject to the 
15 
payment of a reasonable fee; 
16 
17 
(b) Duration of License - A waste transporter license issued under this 
18 
section shall be valid for a period of one (1) year; 
19 
20 
(c) License Modification, Suspension and Revocation - The Department and 
21 
t~e PI\iRI. shall, modify, sl!spend and revoke such license upon a 
22 
determination of noncompliance by a transporter with the relevant 
23 
provisions of this Act or the terms and conditions of the permit. A license 
24 
is not required for the transport of any hazardous or radioactive waste on 
25 
the premises where it is generated or onto a property owned by the 
26 
generator thereof located within a one (1) kilometer radius from said 
27 
premises or within the same industrial estate: 
Provided, That the 
28 
Department is notified in writing prior to the transfer and a week after the 
29 
transfer has been completed. Nothing in this section shall be interpreted 
30 
to prl!icludE'i the Di"lpartmi!!nt and the PNRI from inspecting UnlicenSetl 
31 
hazardous waste transporting equipment and to require that it be 
32 
adequate to provide protection for the health of humans and the 
jj 
environment. 
34 
35 
36 
SEC. 44. Hazardous Wastes Disposal Fee. - All hazardous wastes disposal 
37 
facilities shall collect, on behalf of the government, from each hazardous waste 
38 
generator or transporter disposing such wastes at the disposal site, a fee that 
39 
shall accrue to the hazardous wastes management fund. 
The fee shall be 
40 
established by the Department, taking into consideration the following: 
41 
42 
(a) To provide strong economic inducement for generators to modify their 
43 
production or management, processes; 
44 
45 
(b) To cover the cost of administering hazardous and radioactive wastes 
46 
management; 
47 
48 
(c) Reflect damages caused by hazardous and radioactive wastes on the 
49 
surrounding environment, including the cost of rehabilitation; 
50 
51 
(d) Category of wastes; and, 
52 
53 
(e) Classification of wastes. 
54 
55 
The fee, which shall be established after due public consultation; shall be based 
56 
on the quantity of wastes disposed. 
57 
22 


1 
2 
CHAPTER VIII 
3 
4 
FINANCING HAZARDOUS WASTES MANAGEMENT 
5 
6 
7 
SEC. 45. Finanoial Liability for Environmental Rehabilitation. - The Department 
8 
shall require generators and owners of TSDFs to put up Environmental 
9 
Guarantee Fund (EGF) as part of the Environmental Management Plan attaohed 
10 
to the Environmental Compliance Certificate (ECC), pursuant to Presidential 
11 
Decree No. 1586 and its implementing rUles and regUlations. The EGF shall 
12 
finance the needs of emergency response, clean up or rehabilitation of areas that 
13 
IT!ay be damaged during the gene~ation! trl,ln,sport, treatment, storage or disposal 
14 
of hazardous and radioactive wastes. Liability for damages shall continue even 
15 
after the termination of the project and until the lapse of a given period indicated 
16 
in the ECC, as determined by the Department. 
17 
18 
The EGF may be in the form of a trust fund, environmental insurance, surety 
19 
bonds, letters of credit, self-insurance and any other instrument which may be 
20 
identified by the Department. 
The choice of the guarantee instrument or 
21 
combinations thereof shall depend, among others, on the assessment of the risks 
22 
involved. Proponents required to put up guarantee instruments shall furnish the 
23 
Department with evidence of availment of such instruments. 
24 
25 
26 
SEC. 46. 
Petformance Bond. -
Prior to issuance of the required permit to 
27 
operate, the Department shall require transporters, owners of treatment / storage 
28 
facilities to post performance bond. the performance bond shall be forfeited in 
29 
the event of abandonment of sites and/or non-performance of post-closure 
30 
requirements issued pursuant to Section 15 hereof; Provided, That this provision 
31 
shall not apply to State-owned treatment / storage facilities and to recyclers 
32 
identified and listed as such, pursuant to this Act. 
33 
34 
35 
CHAPTER IX 
36 
37 
INCENTIVES 
38 
39 
40 
SEC. 47. Rewards. - Rewards, monetary or otherwise, shall be provided to 
41 
individuals, private organizations and entities, including NGOs that have 
42 
undertaken outstanding and hindl/atll/e prbjects, tachndlb!;Jies, prdcesses and 
43 
techniques or activities in hazardous and radioactive wastes management. Said 
44 
rewards shall be sourced from the Hazardous and Radioactive Wastes 
45 
Management Fund herein created. 
46 
47 
48 
SEC. 48. Incentives Scheme. - An incentive scheme is hereby provided for the 
49 
purpose of encouraging enterprises, private entities, LGUs and NGOs to develop 
50 
or undertake an effective hazardous and radioactive wastes management, or 
51 
actively partiCipate in any program geared towards the promotion thereof, 
52 
consistent with the objectives of this Act. 
53 
54 
(a) Tax and Duty Exemption on Imported Capital Equipment and Vehicles -
55 
Within five (5) years upon the effectivity of this Act, registered enterprises, 
56 
LGUs and NGOs sliall enjoy taX and duty-free Importation of machinery, 
57 
equipment, technology and spare parts used for the processing, storage 
23 


1 
and treatment of hazardous and radioactive wastes, including cleaner 
2 
production and waste minimization technologies; 
Provided, That the 
3 
importation of such machinery, equipment, technology and spare parts 
4 
shall comply with the following conditions: 
5 
6 
(1) They are not manufactured domestically in sufficient quantity, of 
7 
comparable quality and at reasonable prices; 
8 
9 
(2) They are reasonably needed and will be used actually, directly and 
10 
exclusively, for the abovementioned activities; and, 
11 
12 
(3) There is an approval from the Board of Investment (BOI) of the DTI 
13 
for the importation of such machinery, equipment, technology and 
14 
spare parts; Provided, further, That the sale, transfer or disposition 
15 
of such machinery, equipment, technology and spare parts, without 
16 
prior approval of the BOI within five (5) years from the date of 
17 
acquisition shall be prohibited; otherwise, the registered enterprise, 
18 
LGU or NGO concerned and the buyer, transferee or assignee shall 
19 
be sOlitarily liaole to pay tWice {he amount of fax and dutY 
20 
exemption given it. 
21 
22 
(b) Tax Exemption on the Sale of Domestic Capital Equipment - Within five 
23 
(5) years from the effectivity of this Act, the sale of domestic capital 
24 
equipment, including its spare parts to registered enterprises, LGUs and 
25 
NGOs to be used for the processing, storage and treatment of hazardous 
26 
and radioactive wastes, shall be exempted from any applicable taxes 
27 
imposed under the National Internal Revenue Gode of 1997; as amended; 
28 
Provided, That said incentive shall be subject to the same conditions and 
29 
prohibition cited in the preceding paragraph; 
30 
31 
(c) Tax Exemption of Donations, Legacies and Gifts - All donations, gifts and 
32 
legacies made by any person or entity in favor of the registered 
33 
enterprises, LGU sand NGOs, for the support and maintenance of the 
34 
program for effective hazardous and radioactive wastes management, 
35 
shall be exempt from donor's tax and such amount of donations shall be 
36 
deductible from the gross income of the donor pursuant to Section 34, 
37 
paragraph (H) of the National Internal Revenue Code of 1997, as 
38 
amended; 
39 
40 
(d) Financial Assistance Program - Government financial institutions such as 
41 
the Development Bank of the Philippines (DBP), the Landbank of the 
42 
Philippines (LBP), the Government Service Insurance System (GSIS) and 
43 
such other government institutions providing financial services shall, in 
44 
accordance With and to the eXtent alloWed by the enabling provisions of 
45 
their respective charters or applicable laws, accord high priority to extend 
4§ 
financi~1 services, to illdividuals, enterprises or priv~te entities ,engaged in 
47 
hazardous, 
radioactive, 
medical 
and 
hazardous 
special 
wastes 
48 
management; 
49 
50 
(e) Extension of Grants to LGUs -
Cities or municipalities whose special 
51 
hazardous wastes management programs have been duly accredited by 
52 
the Department er have adopted innovative wastes management 
53 
programs may be entitled to receive grants for the purpose of developing 
54 
their technical capaCities toward actively participating in the program for 
55 
effective and sustainable wastes management 
56 
57 
24 
<-"-


1 
2 
(f) Incentives to Host LGUs -
LGUs which host common hazardous and 
3 
radioactive wastes management facilities shall he entitled to incentives as 
4 
provided for under this Act; 
5 
6 
(g) Tax Exemption on Hazardous Wastes Generated Within PEZA Areas, 
7 
Freeports and Other Special Ecozones -
Hazardous waste materials 
8 
generated within PEiA areas, freeports and other speciai ecozones shail 
9 
be allowed to be brought to the Philippine customs territory for the sole 
10 
intention of recycling and treatment, and shall be exempted from payment 
11 
of any tax due on said hazardous wastes; Provided, That said recyclable 
12 
hazardous waste materials are identified and listed in accordance with 
13 
Section 5 ofthis Act. 
14 
15 
16 
CHAPTER X 
17 
18 
CIVIL LIABILITY AND PENAL PROVISIONS 
19 
20 
21 
SEC. 49. Generator's Liability. - The generator is primarily responsible for the 
22 
management of hazardous and radioactive wastes until said waste has been 
23 
certified as properly treated or disposed by duly accredited TSDFs; Provided, 
24 
That wastes that are exported outside of the country and treated and disposed in 
25 
accordance With international agreements, the TSDFs Iii the country of 
26 
destination shall issue the certificate of treatment and disposal. 
All other 
27 
environmental service providers i!]Volved in the transport, treatmi:)nt, storage and 
28 
disposal of said waste shaU be jointly and severally liable with the generator in 
29 
the event of any adverse environmental impacts due to the improper 
30 
management of the waste. 
31 
32 
33 
SEC. 50. Prohibited Acts. - The following acts are prohibited: 
34 
35 
(a) Discarding, throwing or dumping of hazardous or radioactive wastes, as 
36 
listed pursuant to this Act in public places, such as roads, sidewalks, 
37 
canal, esteros, parks, estabiishments and municipal solid waste facilities, 
38 
or causing or permitting the same; 
39 
40 
(b) Undertaking activities involving the collection or transport of hazardous or 
41 
radioactive wastes in violation of the standards and other requirements or 
42 
permits set forth in this Act; 
43 
44 
(c) Causing or permitting the collection of non-segregated or unsorted 
45 
hazardous wastes; 
46 
47 
(d) 0peratingi TSDFs without permits issued pursuant to this Act; 
48 
49 
(e) Transporting hazardous or radioactive wastes without the required permit 
50 
or license pursuant to this Act; 
51 
52 
(f) The mixing of source-separated recyclable material with other hazardous 
53 
wastes in any vehicle, box, container or receptacle used in hazardous or 
54 
radioactive wastes collection or disposal; 
55 
56 
(9) Disposal of haiardous or radioactiVe wastes In open ahd cohtrolled dillnps 
57 
as enjoined in this Act, or causing and permitting the same; 
25 


1 
2 
(h) Establishment and operation of open and controlled dumps for hazardous 
3 
and radioactive wastes; 
4 
5 
(i) Transporting and dumping of collected hazardous or radioactive wastes in 
6 
areas other than facilities prescribed under this Act; 
7 
8 
0) Open burning of hazardous or radioactive wastes; 
9 
10 
(k) Transporting any hazardous or radioactive wastes to a TSDF which is not 
11 
authorized to receive such waste pursuant to this Act; 
12 
13 
(I) Treating, storing or disposing of any hazardous or radioactive waste 
14 
either: (1) without permit Or license to do so pursuant hereof; or (2) in 
15 
knowing violation of any material condition or requirement of such permit 
16 
or license; or (3) in violation of any standard promulgated pursuant to this 
17 
Act; 
18 
19 
(m)Making any false material statement, represenU:iti6n or certification in any 
20 
application, label, permit, record, report, manifest or other document filed, 
21 
maintained or required to be maintained under this Act; 
22 
23 
(n) Falsifying, tampering with or rendering inaccurate any monitoring device 
24 
or result therefrom used, filed, maintained or required to be maintained 
25 
under this Act; 
26 
27 
(0) Generating; treating; storing; transporting; disposing of or handling any 
28 
hazardous or radioactive waste, and who, in connection therewith, 
29 
knowingly destroying, altering or concealing any record required to be 
30 
maintained pursuant to this Act; 
31 
32 
(p) Owning, maintaining or operating any hazardous or radioactive waste 
33 
disposal facility in a manner which permits any acts or hazardous waste 
34 
management practices in violation of standards or rules and regulations 
35 
issued pursuant to this Act; 
36 
37 
(q) Failing to notify the Department, the DOH and the PNRI of hazardous or 
38 
radioactive wastes activities pursuant to Section 6 hereof; 
39 
40 
(r) Importing or causing or permitting the entry, even in transit, into Philippine 
41 
territory in violation of the provisions of this Act and its implementing rules 
42 
and regulations, and relevant international agreements and protocols; 
43 
44 
(s) Constructing, substantially altering or operating. including all post-closure 
45 
activities and operations specified in the rules and regulations, a 
46 
hazardous or radioactive waste TSDF without first obtaining a permit as 
47 
specified in this Act; and, 
48 
49 
(t) Site preparation, construction, expansion or operation of TSDFs without 
50 
an ECG required pursuant to Presidential Decree No. 1586 and this Act. 
51 
52 
For purposes of this provision, the term "hazardous wastes" shall include special 
53 
hazardous and healthcare wastes. . 
54 
55 
56 
SEC; 51; Fines, Damages and Penalties. - Unless otherwise provided herein, 
57 
any person who commits any of the prohibited acts provided in the immediately 
26 


1 
preceding section or violates any of the provisions of this Act or its implementing 
2 
rules and regulations shall be fined by the Pollution Adjudication Board (P AB) in 
3 
the amount not less than Ten thousand pesos (P10,000.00) but not more than 
4 
One hundred thousand pesos (P100,000.00) for every violation; Provided, That 
5 
for violation of Section 52 involving prohibited acts under paragraphs (a), (g), (h), 
6 
(i), (I), (p), (s) and (t) of the immediately preceding section, the fine shall be 
7 
imposed for every day of violation. 
8 
9 
For purposes of the application of the fines, the PAB, within one (1) year upon 
10 
the effectivity of this Act, shall establish a fine rating system to adjust the 
11 
maximum fine based on the violator's ability to pay, degree of willfulness, degree 
12 
of negligence, degree of severity of the offense, history of noncompliance and 
13 
degree of recalcitrance. 
14 
15 
The fines herein prescribed shall be reviewed and revised, whenever necessary, 
16 
every three (3) years to compensate for inflation and to maintain the deterrent 
17 
function of such fines; 
Provided, That the PAB may order the closure, 
18 
suspension of development or construction, or cessation of operations until such 
19 
tiine tKat proper environmental safeguards are pUt in place ana/or compliance 
20 
with this Act or its rules and regulations are undertaken. This paragraph shall be 
21 
without prejudice to the issuance of an ex parte orqer for such closure, 
22 
suspension of development or construction, or cessation of operations during the 
23 
pendency of the case; Provided, further, That if the prohibited act undertaken 
24 
shall require cleanup and rehabilitation, the offender shall also be required to 
25 
restore or compensate for the restoration of the area. The PAB may also award 
26 
such damages as it may deem just' under the circumstances in favor of the 
27 
private complainant in the case .. 
28 
29 
In case of gross violation of this Act, the PAB shall issue a resolution 
30 
recommending that the proper government agencies file criminal charges against 
31 
the violators. Gross violation shall mean any of the following: 
32 
33 
(a) Deliberate· disposal of hazah::lous or radioactive wastes without the 
34 
required permit issued pursuant to this Act; 
~5 
36 
(bj Three (3) or more violations referred to in paragraphs (a), (d), (g), (k), (;) 
37 
and (m) of Section 50 hereof within a period of two (2) years; or 
38 
39 
(c) Blatant disregard of the orders of the PAB, such as the nonpayment of 
40 
fines, breaking of seals or operation of the source of pollution despite the 
41 
existence of an order for clasure, disoontinuance ar' cessatian af 
42 
operation, or unjustified, refusal for the entry or access to any premises of 
43 
an authorized Department representative; in which case, offenders shall 
44 
be punished a fine of not less than One hundred thousand pesos 
45 
(P100,000.00) but not more than Three million pesos (P3,000,000.00) 
46 
andlor with imprisonment of not less than three (3) years but not more 
47 
than ten (10) years, at the discretion of the court. 
48 
49 
If the offender is.a juridical persoll, the c~ief executive officer and the pollution 
50 
control officer or its equivalent shall suffer the penalty herein provided; Provided, 
51 
That the officers and incorporators of the TSDFs who violated the post-closure 
52 
requirements issued pursuant to Section 15 hereof shall be banned from setting 
53 
up TSDFs and hazardous and radioactive waste transport companies and 
54 
engaging in the operation of the same. 
55 
56 
If the offender is an alien, he or she shall, after service of the sentence 
57 
prescribed above, be deported without further administrative proceedings. The 
27 


1 
fines herein prescribed shall be reviewed and revised, whenever necessary, 
2 
every three (3) years to compensate for inflation and to maintain the deterrent 
3 
function of such fines. 
4 
5 
6 
SEC. 52. Administrative Sanctions. - Local government officials and officials of 
7 
government agencies concerned who fail to comply with and enforce rules and 
8 
regulations promulgated relatilll'i to this Act shall be chargl'ld administratively iii 
9 
accordance with Republic Act No. 7160 and other existing laws, rules and 
10 
regulations. 
11 
12 
13 
SEC. 53. Administrative Action. - Without prejudice to the right of any affected 
14 
person to file an administrative action, the Department, the DOH and the PNRI 
15 
shall, on its own Instance or upon verified complaint by any person, institute 
16 
administrative and civil proceedings against any person who violates: 
17 
18 
(a) Standards or limitations provided under this Act; or 
19 
(b) Any order, rule or regulation issued by the Department: the DOH or the 
20 
PNRI with respect to such standard or limitation. 
21 
22 
23 
SEC. 54. Citizen Suits. - For purposes of enforcing the provisions of this Act or 
~4 
its impl~menting. wles and regulations, any citizen may file an a.ppropriate. civil, 
25 
criminal or administrative action in the proper courts or bodies against the 
26 
following: 
27 
28 
(a) Any person who violates or fails to comply with the provisions of this Act or 
29 
its implementing rules and regulations; or 
30 
31 
(b) The Department or other implementing agencies with respect to orders, 
32 
rules and regulations issued inconsistent with this Act; or 
33 
34 
(c) Any public officer who willfully or grossly neglects the performance of an 
35 
act specifically enjoined as a duty by this Act or its implementing rules and 
36 
regulations; or abuses his authority in the perfdrmance of hiS dUty; dr, in 
37 
any manner, improperly performs his duties under this Act or its 
38 
implementing rules and regulations; Provided, however, That no suit can 
39 
be filed until after a thirty (3(J)-day notice has been given to the public 
40 
officer and the alleged violator concerned and no appropriate action has 
41 
been taken thereon. 
42 
43 
The court shall exempt such action from the payment of filing fees, except fees 
44 
for actions not capable of pecuniary estimations, and shall, likewise, upon prima 
45 
facie showing of the non-enforcement or violation complained of, exempt the 
46 
plaintiff from the filing of an injunction bond for the issuance of a preliminary 
47 
injunction. 
48 
49 
Within thirty (30) days, the court shall make a determination if the complaint 
50 
herein is malicious andlor baseless and shall accordingly dismiss the action and 
51 
award attorney's fees and damages. . 
52 
53 
54 
SEC. 55. Suits and StrategiC Legal Action Against Public Participation (SLAPP) 
55 
and the Enforcement of this Act. - Where a suit is brought against a person who 
56 
filed an aolion as provided for in Section 54 of this Act, or against any person, 
57 
institution or government agency that implements this Act, it shall be the duty of 
28 


1 
the investigating prosecutor or the court, as the case may be, to immediately 
2 
make a determination not exceeding thirty (80) days whether said legal action 
3 
has been filed to harass, vex, exert undue pressure or stifle such legal recourses 
4 
of the person complaining of or enforcing the provisions of this Act. 
Upon 
5 
determination thereof, evidence Warranting the same, the court shall dismiss the 
6 
case and award attorney's fees and double damages. This provision shall also 
7 
apply and benefit public officers who are sued for acts committed in their official 
Ii 
capacity, there being no grave abuse of authority, and done in the course of 
9 
enforcing this Act. 
10 
11 
12 
CHAPTER XI 
13 
14 
MISCELLANEOUS PROVISIONS 
15 
16 
17 
SEC. 56. 
Mandatory Public Hearings. -
Mandatory public hearings for the 
18 
Framework shall be undertaken in accordance with the process to be formulated 
19 
by the Department. 
20 
21 ii SEt:. 57. Research on Hazardous and Radioactive Wastes Management. - the 
23 
Department, after consultations with the cooperating agencies, shall encourage, 
24 
cooperate with and render financial and other assistance to appropriate 
25 
government and private agencies, institutions and individuals in the conduct and 
26 
promotion of researches, experiments and other studies on hazardous and 
27 
radioactive wastes management, particularly those relating to: 
28 
29 
(a) adverse health welfare effects of the release into the environment of 
30 
hazardous and radioactive wastes, and methods to eliminate said effects 
31 
or minimize the health risks; 
32 
33 
(b) the operation and finanCing of hazardOUS and radioactive wastes disposed 
34 
programs; 
~5 
36 
(c) the pianning, impiemeniatlon and operation of resource recovery and 
37 
resource conservation systems; 
38 
39 
(d) the production of usable forms of recovered resources, including fuel from 
40 
hazardous wastes; 
41 
42 
(e) the development and application of new and improved methods of 
43 
collecting, separating and disposing of hazardous and radioactive wastes 
44 
and processing and recovering materials and energy from hazardous and 
45 
radioactive wastes; 
46 
47 
(f) cleaner production techndlogies; 
48 
49 
(g) improvements in land disposal practices for hazardous and radioactive 
56 
wastes; and, 
51 
52 
(h) development of new uses of recovered resources and identification of 
53 
existing or potential markets of recovered resources. 
54 
55 
In carrying out hazardous and radioactive waste researches and studies, the 
56 
Department, the DOH and the PNRI or their authorized representatives may 
29 


1 
award grants or enter into contracts with government agencies, NGOs and 
2 
private persons. 
3 
4 
5 
SEC, 58, Public Education and Information. - The Department, the PNRI and 
6 
the DOH, in coordination with the Department of Education (DepEd), the 
7 
Technical Education and Skills Development Authority (TESDA), the Commission 
8 
on Higher Education (CHED), the DILG, thE! Philippine Information Agency (PIA) 
9 
and the LGUs, shall conduct a continuing education and information campaign 
10 
on hazardous and radioactive wastes management. 
Such education and 
11 
information program shall: 
12 
13 
(a) Aim to develop public awareness of the impacts of hazardous and 
14 
radioactive wastes and how to prevent or minimize their adverse effects; 
15 
16 
(b) Concentrate on activities which are feasible and which will have the 
17 
greatest impact on hazardous and radioactive wastes management; and, 
18 
19 
(c) Encourage the general public, accredited NGOs and POs to publicly 
20 
endorse and patronize environment-friendly products. 
21 
22 
23 
SEC. 59. Environment Education in the Formal and Non-Formal Sectors. - The 
24 
national government, through the DepEd and in coordination with concerned 
25 
government agencies, NGOs and private institutions, shall strengthen the 
26 
integration of environmental concerns in school curricula at all levels, with 
27 
particular emphasis on hazardous and radioactive wastes management 
28 
principles in order to promote environmental awareness and action among the 
29 
citizenry. 
30 
31 
32 
SEC. 60. Business and Industry Role. - The Department, the DOH and the 
33 
PNRI shall encourage commercial and industrial establishments; through 
34 
appropriate incentives other than tax incentives, to initiate, participate and invest 
35 
in integrated hazardous and radioactive wastes management .projects; to 
36 
manufacture environment-ftiendly prodUcts; to introduce, develop ahd adopt 
37 
innovative processes that shall recycle and reuse materials, conserve raW 
38 
materials and energy, reduce waste and prevent pollution; and to undertake 
39 
community activities to promote and propagate effective hazardous and 
40 
radioactive wastes management practices. 
41 
42 
43 
CHAPTER XII 
44 
45 
FINAL PROVISIONS 
46 
47 
48 
SEC. 61. Appropriations. - The Secretaries of the DENR, the DOH and the 
49 
DOST shall include in their programs the implementation of this Act, the funding 
50 
of which shall be included in the annual General Appropriations Act. 
51 
S2 
In addition, the departments concerned may accept donations,' contributions, 
53 
grants, bequests or gifts, in cash or in kind, from various sources, domestic or 
S4 
foreign, for purposes relevant to hazardous and radioactive wastes management 
S5 
functions; 
Provided, That in case of donations from foreign governments, 
56 
acceptance thereof shall be sUbject to prior clearance arid approval of the 
30 


1 
President of the Philippines upon the recommendation of the Secretary of 
2 
Foreign Affairs. 
3 
4 
Receipts from donations shall be accounted for in the books of the recipient 
5 
government agency in accordance-with pertinent accounting and auditing rules 
6 
and regulations. 
7 
8 
9 
SEC. 62. Implementing Rules and Regulations. - Within one (1) year after the 
10 
effectivity of this Act, the Department, the .. DOH and the PNRI, in coordination 
11 
with the Committees on Environment and Ecology of the Senate and the House 
12 
of Representatives·, respectively, shall promulgate the implementing rules and 
13 
regulations of this Act; Provided, That rules and regulations issued by other 
14 
government agencies and instrumentalities relative to hazardous and radioactive 
15 
wastes management consistent with this Act shall supplement the rules and 
16 
regulations issued by the DENR, the PNRI and the DOH pursuant to the 
17 
provisions of this Act. 
18 
19 
There shall be a mandatory review cif the implementing rules and reguh~tions and 
20 
standards set pursuant to the provisions of this Act. 
21 
22 
23 
SEC. 63. Joint Congressional Oversight Committee. - There is hereby created a 
24 
Joint Congressional Oversight Committee to monitor the implementation of this 
25 
Act. 
The Committee shall be composed of five (5) Senators and five (5) 
26 
Representatives, to be appOinted by the Senate President and the Speaker of 
27 
the House of Representatives, respectively. The Oversight Committee shall be 
28 
co-chaired by a Senator and a Representative designated by the Senate 
29 
President and the Speaker of the House of Representatives, respectively. 
30 
31 
32 
SEC. 64. Fines, Damages and Penalties. - Pending the establishment of the 
33 
Framework under Section 8 hereof and the promulgation of the implementing 
34 
rules and regulations of this Act, pertinent existing laws, regulations, programs 
35 
and projects on hazardous and radioactive wastes management shall be 
36 
ElnforcE!d; Proliided, That fOr specific undertaking, the saine inay be revised iii 
37 
the interim in accordance with the intentions of this Act 
38 
39 
40 
SEC. 65. Report to Congress. - The Department shall report to Congress not 
41 
later than March 30 of every year following the approval of this Act, detailed 
42 
account of its accomplishments and progress on hazardous and radioactive 
43 
wastes management during the year and make the necessary recommendations 
44 
in areas where there is a need for legislative action. 
45 
46 
47 
SEC. 66. Separability Clause. - If any provision of this Act ar the application af 
48 
such provision to any person or circumstance is declared unconstitutional, the 
49 
remainder of this Act or the application of such provision to other persons or 
50 
circumstances shall not be affected by such declaration. 
51 
52 
53 
SEC. 67. Repealing Clause, - Republic Act No, 6969; Executive Order No: 192, 
54 
Republic Act No. 9003, Republic Act No. 7160 and Republic Act No. 2067, as 
55 
amended, are partly modified. 
All laws, decrees, issuances, rules and 
56 
regulations or parts thereof inconsistent with the provisions of this Act are hereby 
57 
repealed or modified accordingly. 
31 


1 
2 
SEC. 68. 
Effeotivity. - This Act shall take effect fifteen (15) days after its 
3 
publication in at least two (2) newspapers of general circulation. 
4 
5 
6 
7 
B 
9 
Approved, 
32