Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" Congress
First Regular Session

_ 2585

House Bill No.

INTRODUCED BY HON. DOUGLAS S. HAGEDORN

EXPLANATORY NOTE

The proposed “Philippine Hazardous and Radioactive Wastes Management Act of 2013”
primarily intends to facilitate compliance with the Act by clearly defining responsibilities,
requirements and other protocols in hazardous, healthcare and radioactive wastes
management. It provides clear guidelines and specifications of treatment, storage and
disposal facilities, including the criteria for hazardous waste for disposal. The bill also
creates a strong database that will ensure the effective monitoring of hazardous and
radioactive waste disposal by requiring generators to regularly submit self-monitoring
reports.

The measure adopts a combination of strong “command and control” approach and market-
based instruments, such as the provision of instruments of self-regulation and of higher
fines and penalties to deter violations, respectively, and it strengthens the enforcement
capacity of agencies concerned by providing them the necessary authority, powers and
fesources.

Aiming to address the relevant and comprehensive environmental intervention, the bill
provides for the management and regulation of the generation, possession, collection,
separation, recovery, reuse, storage, transport, treatment and disposal of hazardous,
radioactive and health wastes in the country for whatever purposes. Some of the important
provision of the measure are as follows:

a) Provides for the promulgation of guidelines for the generation, collection, segregation,
transport, recovery, storage, treatment and disposal of hazardous and radioa
wastes including emergency and contingency plans for accidents involving such wastes;

b) Requires generators and owners of treatment, storage and disposal facilities to use best
available technologies and best environmental practices (BAT/BEP) in hazardous and
radioactive waste management;

©) Provides for the formulation and enforcement of a system of accountability for
generators, including the promotion of extended producer responsibility, product
stewardship and responsible care program;

d) Strengthens 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;

e) Provides for the formulation and publication of criteria for identifying and listing the
characteristics or types of hazardous and radioactive wastes that will be monitored and
regulated;

f) Sets standards or regulations for the operation of Treatment, Storage, and Disposal
Facilities;

8) Identifies and prescribes market-based instruments, extended producer responsibility,
responsible care, products stewardship programs that shall promote cleaner production,
waste minimization and resource recovery;

h) Identifies the specific functions, powers, responsibilities, roles of the Department of
Environment and Natural Resources, Department of Health, Philippine Nuclear Research
Institute and Local Government Units, for the implementation and enforcement of this
Act;

i) Creates an inter-agency Technical Advisory Council for purposes of policy integration,
harmonization and coordination of functions;

j) Establishes an Environmental Guarantee Fund that will finance the needs for emergency
response, clean up or rehabilitation of areas that may be damaged during the
generation, transport, treatment, storage or disposal of hazardous and radioactive
wastes;

k) Provides rewards and incentive schemes geared towards the promotion and consistent
implementation of this Act;

|) Provides liabilities, prohibitions, fines, damages and penalties; and

m) Provides administrative sanctions, citizen suits and Strategic Legal Action Against Public
Participation (SLAPP).

It is an understatement to say that this proposed “Philippine Hazardous and Radioactive
Wastes Management Act of 2013” is essential to the protection of our environment. Hence,
the approval of this bill is earnestly sought.

DOUGLAS S. HAGEDORN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

Sixteenth Congress
First Regular Session

HOUSE BILL NO. _ 25 85

INTRODUCED BY HON. DOUGLAS S. HAGEDORN

AN ACT

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

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

CHAPTER |
GENERAL PROVISIONS

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

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

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

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

(2) Promote environmentally safe disposal of residues;

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

(4) institutionalize public participation in the development and implementation of


such programs;

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

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

(d) Promote a national research and development program for improved hazardous
and radioactive wastes management and resource conservation techniques;

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

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

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

SEC. 3. Coverage of this Act.

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

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

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

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

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

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

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

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


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

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

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

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

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

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

(i) Corrective action shall refer to the steps taken to assess, prioritize and clean up
hazardous and radioactive wastes from the Treatment, Storage and Disposal Facilities
(TSDFs) and/or contaminated sites in order to protect health and the environment.

() Corrosivity shall refer to a state where the waste has one of the following
properties:

(1) It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5;
or

(2) It is liquid and corrodes steel! (SAE 1020) at a rate greater than 6.35 mm (0.250
inch) per year at a test temperature of S52C (1302F).

(k) Degradability shall refer to the ability of a compound to be reduced to simpler
forms through a breakdown of its structure.

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

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


(DENR);

(n) Disposal shall refer to the discharge, deposit, injection, dumping, spilling, leaking

or placing of any hazardous and radioactive wastes into or on any land or water so that
such wastes or any constituent thereof may enter the environment or be emitted into the
air or discharged into any waters, including ground waters.

{o) Generation shall refer to the act or process of producing hazardous and
radioactive wastes.

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

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

(r) Hazardous waste shall refer to a substance discarded from commercial and
industrial establishments, institutions and healthcare facilities which, because of the
concentration, or physical, chemical or infectious characteristics, may cause or significantly
contribute to increases in mortality or serious illnesses, or pose an unreasonable risk and
potential threat to human health and the environment.

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

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

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

(1) Itis a liquid matter that has flash point less than 602C (140°F);

(2) It is not a liquid matter and is capable, under standard temperature and pressure,
‘of causing fire through friction, absorption of moisture or spontaneous chemical changes

and, when ignited, burns so vigorously and persistently that it creates a hazard;

4


(3) Itis an ignitable gas; or

(4) Itis an oxidizer.

(W) Injection zone shall refer to a geological formation, group of formation or a part of
a formation located below the underground source of potable water, and which receives
waste fluids or solids through a deep injection well.

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

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

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

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

(aa) Level 1 Hospital shall refer to an emergency hospital that provides:

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

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

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

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

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

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

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

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

(4) Nursing care provided in the Level 1 Hospital as well as intermediate, moderate

and partial category of supervised care for twenty-four (24) hours or longer.

Ss


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

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

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

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

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

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

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

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

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

(4) Nursing care provided in the Level 3 Hospital as well as continuous and highly
specialized critical care.

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

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

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

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

(ii) Near surface facilities shall refer to the disposal site of radioactive waste with or

without engineered barrier on or below ground surface where the final protective covering


is of the order of a few meters thick or in caverns a few tens of meters below the earth’s
surface.

(i) On-site treatment facilities shall refer to facilities of generators who treat their
‘own hazardous and radioactive wastes, either by themselves or through a service provider,
inside their facilities in compliance with waste acceptance criteria promulgated by the
Department, the Department of Health (DOH) and the PNRI.

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

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

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

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

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

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

(qq) Reactivity shall refer to the state of a waste, or a representative sample of the
waste, exhibiting any of the following properties:

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

(2) It reacts violently with water;

(3) It forms potentially explosive mixtures with water;

(4) When mixed with water, it generates toxic gases, vapors or fumes in a quantity

sufficient to present danger to human health or the environment;


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

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

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

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

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

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

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

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

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

evaporation, cooling, aeration, photo decomposition and/or settling.


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

(yy) Special hazardous wastes collectors shall refer to entities which receive or collect
special hazardous wastes under a take-back program or similar collection mechanism for
the purpose of consolidating the wastes from households or consumers preparatory to
delivery to an accredited recycling or treatment facility.

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

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

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

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

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

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

accepted in a TSDF.

CHAPTER II
MANAGEMENT SYSTEM
SEC. 5. Identification and Listing of Hazardous Wastes. — Within six (6) months from
the effectivity of this Act, the Department shall, after notice and public consultation,

develop, formulate and publish criteria for identifying and listing the characteristics of

9


hazardous wastes, taking into account, but not limited to, toxicity, persistence, reactivity
and degradability in nature, potential for accumulation in tissue and other related factors
such as ignitability, corrosivity and other hazardous characteristics. Such criteria shall be
reviewed and revised every four (4) years thereafter, or as the need arises: Provided, That
the Department, in coordination with the DOH and the PNRI, shall also identify or list those
hazardous and radioactive wastes that contain certain constituents such as identified
carcinogens, mutagens or teratogens that endanger human health: Provided, further, That
the Department, in coordination with the DND and appropriate government agencies, shall
formulate criteria for identifying when military munitions become hazardous and
radioactive wastes. For purposes of this Act, the term “military munitions” includes
chemical and conventional munitions: Provided, finally, That within six (6) months from the
effectivity of this Act, the Department, in coordination with the Department of Trade and
Industry (DTI) and the Department of the Interior and Local Government (DILG), after public
consultation, shall formulate criteria for identifying and listing the categories of special
hazardous waste products to be tracked and regulated, taking into account, but not limited
to, the presence of toxicity, reactivity, ignitability and corrosivity.

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

SEC. 7. National Hazardous and Radioactive Wastes Status Report. - The Department,
in coordination with the DOH, the PNRI and other concerned agencies, shall, within six (6)
months after the formulation of the criteria for identifying and listing of hazardous and
radioactive wastes pursuant to Section 6 hereof, prepare a National Hazardous and
Radioactive Wastes Management Status Report which shall be used as a basis in

formulating the National Hazardous and Radioactive Wastes Management Framework as

provided in Section 8 of this Act. The said report shall include, but not ted to, the
following:

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

(b) General waste characterization, taking into account, but not limited to, the source,

10


type and quantity of hazardous and radioactive wastes generated;
(c) Projection of hazardous and radioactive wastes generation including quantity for
reduction, recovery and reuse;
(d) Listing of TSDFs including transporters of hazardous and radioactive wastes; and
(e) Listing of identified contaminated sites.

SEC. 8. National Hazardous and Radioactive Wastes Management Framework. —

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

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

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

(c) Waste reduction goals and targets;

(d) Period of compliance for waste reduction;

(e) Information and education campaign;

(f) Human resources development; and

(g) Roles and responsibilities of relevant government agencies.

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

SEC.9. Use of Best Available Technology and Best Environmental Practices in
Hazardous and Radioactive Wastes Management. — Generators and owners of TSDFs are
required to use best available technologies and best environmental practices (BAT/BEP) in
hazardous and radioactive wastes management. The Department, in coordination with the
Inter-Agency Technical Advisory Council (IATAC) created herein, shall formulate criteria in
assessing the proposed BAT/BEP to be used. In the formulation of these criteria,
consideration shall be given, among others, to the relative economic feasibility of the
technology. Further, such technology shall render the waste sufficiently low in toxicity,
reactivity, corrosivity and ignitability as to present the least possible risk to human health

and safety and to the environment.

i


SEC. 10. Requirements for Generators of Hazardous and Radioactive Wastes. — Within
six (6) months after the effectivity of this Act, the Department, the DOH and the PNRI shall
establish requirements for generators of such hazardous and radioactive wastes necessary
to protect human health and the environment. These requirements shall ensure that the
generators shall be responsible for the proper management of the wastes generated and
bear the costs for proper storage, transport, treatment and disposal of such wastes.
Further, such requirements shalll include, but not limited to, the following:

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

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

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

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

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

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

(g) The waste generator of radioactive wastes shall submit a certificate of transport
from its Radiological Health and Safety Officer (RHSO) for the transport of radioactive
wastes to the treatment facility.

SEC. 11. Requirements Applicable to Transporters of Hazardous and Radioactive
Wastes. — Within six (6) months after the effectivity of this Act, the Department, in
coordination with the DOH, the PNRI and the Department of Transportation and
Communications (DOTC), shall establish requirements applicable to transporters of

hazardous and radioactive wastes necessary to protect human health and the environment.

2


Such requirements shall include, but not limited to, the following:

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

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

(c) Transport of wastes only if properly labeled;

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

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

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

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

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

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

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

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

(e) Management, engineering controls and use of personnel protective equipment to

minimize the exposure of workers to the hazardous wastes and medical surveillance of


workers directly involved in the collection, transport, storage or disposal of hazardous
wastes.

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

(a) Facilities that conduct on-site storage, treatment and disposal of hazardous wastes
generated or produced at the premises through industrial or commercial processes and
activities other than disposal via sewer.

The Department shall encourage on-site treatment of hazardous wastes by, among
other things, providing for incentives: Provided, That generators who undertake partial
treatment of wastes shall not be considered as on-site facility operators for purposes of this
category: Provided, however, That mining operations shall fall under this category;

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

TSDFs in this category are facilities that conduct on-site and off-site thermal
treatment: Provided, That the Department shall promulgate regulations on hazardous
wastes used as fuel and raw materials: Provided, further, That the Department may also
‘exempt from the requirements hereof facilities which burn de minimis quantities of
hazardous wastes as fuel, as defined by the Department, if:

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

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

(3) The waste is burned in a type of device determined by the Department to be
designed and operated at a sufficient destruction and removal efficiency such that the

protection of human health and the environment is assured;

4


(c) Landfills that accept hazardous wastes for disposal.

The Department shall, after due review and public consultation, promulgate
regulations concerning the prohibition of specified hazardous wastes in landfills: Provided,
That the placement of such specified hazardous wastes in landfills may be allowed upon
determination by the Department that the prohibition for disposal of such wastes in
landfills is not required in order to protect human health and the environment for as long
as the wastes remain hazardous, taking into account the following factors:

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

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

(3) The persistence, toxicity, mobility and propensity to bioaccumulate of such
hazardous wastes and their hazardous constituents.

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

Within six (6) months from the preparation of the status report, the Department shall
review, classify and rank, subject to public consultations, all hazardous wastes listed
pursuant to this Act other than those wastes which are referred to in paragraph 3 of this
category or deep injection wells. Within twelve (12) months thereafter, the Department,
when necessary, shall promulgate regulations prohibiting disposal in landfills of such
hazardous wastes listed and ranked: Provided, That the Department shall promptly publish
in a newspaper of general circulation notice of such determination, together with an
explanation of the basis for such determination: Provided, further, That the storage of

hazardous and radioactive wastes in landfills is hereby prohibited;


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

The Department, in coordination with the Department of Science and Technology
(DOST), shall promulgate standards for this category of TSDFs, Facilities in this category are
those that receive off-site treatment of hazardous wastes and recover valuable materials
from hazardous wastes, use hazardous wastes as input materials or fuel for production, or
produce compost by biological treatment of hazardous wastes. It also includes, but not
limited to, reclaimers of spent lead-acid batteries, precious metals and oil recyclers;

(e) Other off-site treatment facilities.

Facilities in this category are those facilities that receive hazardous wastes outside the

premises and transform physical and/or chemical characteristics of hazardous wastes by
physicochemical or thermal treatment other than incineration in order to dispose of them
into landfills;

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

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

(g) Other land disposal facilities.

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

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

SEC. 15. Post-Closure of Facility. — The owner of a TSDF must close the facility upon
the termination of its operation and shall, after such closure, provide for its protection
during a post-closure care period, in accordance with the requirements of the Department
and the closure plan, including the funds and human resources necessary for the same. The

protection shall include, but not limited to, monitoring, repair and maintenance. The


owner shall maintain 2 hazardous waste facility permit for the post-closure care period
pursuant to Chapter VII hereof.

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

regulations.

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

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

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

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

products that shall be covered by such programs.

i


CHAPTER Ill
RADIOACTIVE WASTES

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

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 waste disposal:
Provided, That other stages of radioactive waste 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 the rules and regulations on radioactive wastes
management. The rules and regulations shall be based on the Best Available Technique to
limit the outflow of radioactive substances to the environment, taking into account the
benefits as well as the cost of the measures to be undertaken. The measures shall be both
technically and economically feasible: Provided, That said rules and regulations may be
based on, but not limited to, the following methods of managing radioactive waste:

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

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

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

The acceptable storage period for conditioned wastes prior to the establishment of a
final disposal repository shall be for a maximum period of fifty (50) years.

SEC. 24. Guidelines for the Acceptance of Radioactive Wastes by Transporters and
TSDFs. — Within six (6) months after the effectivity of this Act, the PNRI shall formulate

specific, relevant and appropriate waste acceptance criteria for transporters and TSDFs of

18


radioactive wastes: Provided, That no radioactive waste shall be accepted unless it
complies with the waste acceptance criteria formulated pursuant hereof.

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

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

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

SEC. 28.Security. — The PNRI shall promulgate the guidelines on security
arrangements to be put in place to ensure that radioactive waste is not accidentally or

deliberately removed from its proper location. Pai

ular attention shall be given to
materials of intrinsic value that could pose a serious threat to human health and the
environment if control is lost.
CHAPTER IV
HAZARDOUS HEALTHCARE WASTES

SEC. 29, Listing of Hazardous Healthcare Wastes. - Within six (6) months from the
effectivity of this Act, the DOH, in coordination with the Department and the DILG, after
public consultation, shall formulate the criteria for identifying and listing the categories of
hazardous healthcare wastes to be tracked and regulated. In the formulation of such

criteria, the DOH shall take into account, but not limited to, the presence of infectious

agents, toxicity, reactivity, ignitability and corrosivity.

SEC. 30. Management of Hazardous Healthcare Wastes in Hospitals and Other
Healthcare Facilities. - Pursuant to Sections 10, 11 and 12 hereof, the DOH shall
promulgate the rules and regulations on the effective management of hazardous
healthcare wastes in hospitals and other healthcare facilities. The rules and regulations

shall include, but not limited to, the following:

19


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

minimization and segregation;

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

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

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

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

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

(g) Upon the approval of the Department, healthcare facilities with capacity to
manage hazardous healthcare wastes on-site may also treat for a fee the hazardous
healthcare wastes generated by other healthcare facilities: Provided, That in the case of
treatment of radioactive healthcare wastes, approval of the PNRI shall be secured;

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

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

CHAPTER V
SPECIAL HAZARDOUS WASTES

SEC. 31. Collection of Special Hazardous Wastes. - The local government units (LGUs)
shall be responsible for the collection of special hazardous wastes, as listed by the
Department in accordance with Section 5 hereof, from persons and households: Provided,
That the LGUs may enter into agreement with entities duly accredited by the Department

for the collection of special hazardous wastes.

20


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

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

CHAPTER VI
INSTITUTIONAL MECHANISM

SEC. 34, Lead Agency. - The Department shall be the primary government agency
responsible for the implementation and enforcement of this Act, including in Philippine
Economic Zone Authority (PEZA) areas, special economic zones and freeports, unless

otherwise provided herein. As such, it shall have the following functions, powers and

responsibilities:

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

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

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

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

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

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

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

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

2


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

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

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

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

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

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

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

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

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

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

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

SEC. 35. Role of the DOH. - The DOH shall be primarily responsible in performing the
following duties and responsibilities:

(a) Develop, promulgate and publish criteria in identifying and listing the categories of

hazardous healthcare wastes to be monitored and regulated;

2


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

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

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

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

(b) Develop, promulgate and publish the criteria for ide

ing and listing the types of
radioactive wastes to be monitored and regulated;

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

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

(e) Exercise jurisdiction over all aspects of generation, possession, collection,
recovery, transport, entry, even in transit, into Philippine territory, treatment, storage and
disposal of radioactive wastes; and

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

carry out the provisions of this Act.


SEC. 37.Role of the LGUs. - The LGUs shall have the following duties and
responsibilities:

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

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

(c) Segregation and collection of special hazardous wastes;

(d) Emergency preparedness and response;

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

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

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

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

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

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

(d) Secretary of Agriculture, as member;

(e) Secretary of Finance;

(f) Secretary of Trade and Industry;

(g) Secretary of National Defense;

(h) Secretary of Foreign Affairs;

(i), Secretary of Transportation and Communications;

(i) League of Cities;

(k) League of Municipalities;

(I) League of Provinces;

(m) League of Barangays;

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

(0) Representative from civil society organizations;

(p) Representative from the industry;


(q) Representative from the TSDF operators; and

(r) Representative from the academe.

The IATAC shall have the following functions, among others:

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

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

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

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

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

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

(c) PNRI of the DOST;

(d) Industrial Technology Development institute of the DOST;

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

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

(g) Fertilizer and Pesticide Authority of the DA;

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

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

(j) Board of Investments of the DTI;

(k) Bureau of Import Services of the DTI;

(1) OND;

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

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

(0) Philippine Coast Guard;

(p) civil society organizations;

(q) industry; and


(r) academe.

The TWG shall provide technical support to the IATAC. Representatives of civil society
organizations, the industry and the academe shall be nominated through a process
designed by the IATAC.

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

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

CHAPTER VIL
PERMITS AND FEES

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

(b) Duration of Permit. — Any permit under this section shall be issued annually
during the first three (3) years of operation as a TSDF. Thereafter, the Department and the
PNRI may issue a permit or license which is valid for five (5) years to a TSDF which has

satisfactorily complied with the rules and regulations issued pursuant to this Act for the first


three (3) years of operation: Provided, That an annual audit shall be conducted by a
‘multidisciplinary body constituted and authorized by the IATAC created pursuant hereof.

(c) Permit Modification, Suspension and Revocation. ~The Department and the PNRI
shall modify, suspend and revoke such permit upon a determination of noncompliance by a
TSDF with the relevant provisions of this Act or the terms and conditions of the permit.

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

SEC. 43. Hazardous and Radioactive Waste Transporter License. ~ (a) Any
person transporting any hazardous and radioactive waste is required to secure a waste
transporter license from the Department, subject to payment of a reasonable fee.

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

(c) License Modification, Suspension and Revocation. ~ The Department and the PNRI
shall modify, suspend and revoke such license upon a determination of noncompliance by a
transporter with the relevant provisions of this Act or the terms and conditions of the
permit.

A license is not required for the transport of any hazardous or radioactive waste on
the premises where it is generated or onto a property owned by the generator thereof
located within a one (1) kilometer radius from said premises or within the same industrial
estate: Provided, That the Department is notified in writing prior to the transfer and a week
after the transfer has been completed. Nothing in this section shall be interpreted to
preclude the Department and the PNRI from inspecting unlicensed hazardous waste
transporting equipment and requiring that it be adequate to provide protection for the
health of humans and the environment.

SEC. 44. Hazardous Waste Disposal Fee. — All hazardous waste disposal facilities shall
collect, on behalf of the government, from each hazardous waste generator or transporter

disposing such waste at the disposal site, a fee that shall accrue to the hazardous waste


management fund. The fee shall be established by the Department, taking into
consideration the following:

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

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

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

(d) Category of waste; and

(e) Classification of waste.

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

CHAPTER Vill
FINANCING HAZARDOUS WASTES MANAGEMENT

SEC. 45. Financial Liability for Environmental Rehabilitation. - The Department shall
require generators and owners of TSDFs to put up an Environmental Guarantee Fund (EGF)
as part of the Environmental Management Plan attached to the Environmental Compliance
Certificate (ECC) pursuant to Presidential Decree No. 1586 and its implementing rules and
regulations. The EGF shall finance the needs of emergency response, clean up or
rehabilitation of areas that may be damaged during the generation, transport, treatment,
storage or disposal of hazardous and radioactive wastes. Liability for damages shall
continue even after the termination of the project and until the lapse of a given period
indicated in the ECC, as determined by the Department.

The EGF may be in the form of a trust fund, environmental insurance, surety bonds,
letters of credit, self-insurance and any other instrument which may be identified by the
Department. The choice of the guarantee instrument or combinations thereof shall
depend, among others, on the assessment of the risks involved. Proponents required to
put up guarantee instruments shall furnish the Department with evidence of availment of
such instruments.

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

of sites and/or nonperformance of post-closure requirements issued pursuant to Section 15

28


hereof: Provided, That this provision shall not apply to state-owned treatment/storage
facilities and to recyclers identified and listed as such pursuant to this Act.

CHAPTER IX

INCENTIVES

SEC. 47. Rewards. - Rewards, monetary or otherwise, shall be provided to individuals,

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

SEC. 48. Incentives Scheme. — Ar

centive scheme is hereby provided for the purpose
of encouraging enterprises, private entities, LGUs and NGOs to develop or undertake an
effective hazardous and radioactive wastes management, or actively participate in any
program geared towards the promotion thereof, consistent with the objectives of this Act.
(a) Tax and Duty Exemption on Imported Capital Equipment. — Within five (5) years
upon the effectivity of this Act, registered enterprises, LGUs and NGOs shall enjoy tax- and
duty-free importation of machinery, equipment, technology, vehicles and spare parts used
for transport, processing, storage and treatment of hazardous and radioactive wastes
including cleaner production and waste minimization technologies: Provided, That the

importation of such machinery, equipment, technology and spare parts shall comply with

the following conditions:

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

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

(3) The approval of the Board of Investments (BO!) of the DTI for the importation of
such machinery, equipment, technology and spare parts: Provided, further, That the sale,
transfer or disposition of such machinery, equipment, technology, vehicles and spare parts,
without prior approval of the BOI, within five (5) years from the date of acquisition shall be
prohibited; otherwise, the registered enterprise, LGU or NGO concerned and the buyer,
transferee or assignee shall be solidarily liable to pay twice the amount of tax and duty

‘exemption given it.


{b) Exemption from Value-Added Tax (VAT) on the Sale of Domestic Capital

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

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

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

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

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

of this Act.


CHAPTER X
CIVIL LIABILITY AND PENAL PROVISIONS.

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

SEC. 50. Prohibited Acts. — The following acts are prohibited:

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

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

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

(d) Operating TSDFs without permits issued pursuant to this A‘

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

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

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

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

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


(i) Open burning of hazardous or radioactive wastes;

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

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

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

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

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

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

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

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

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

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

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

SEC. 51.Fines, Damages and Penalties. — Unless otherwise provided herein, any

person who commits any of the prohibited acts provided in the immediately preceding


section or violates any of the provisions of this Act or its implementing rules and regulations
shall be fined by the Pollution Adjudication Board (PAB) in the amount of not less than Ten
thousand pesos (P10,000.00) but not more than One hundred thousand pesos
(P:100,000.00) for every violation: Provided, That for violation of Section 50 involving
prohibited acts under paragraphs (a), (g), (h), (i), (), (p), (s) and (t), the fine shall be imposed
for every day of violation.

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

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

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

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

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

(b) Three (3) or more violations of paragraphs (a), (d), (e), (g), (k), (I) and (m) of
Section 50 hereof within a period of two (2) years; or

(c) Blatant disregard of the orders of the PAB such as the nonpayment of fines,

breaking of seals or operation of the source of pollution despite the existence of an order


for closure, discontinuance or cessation of operation or the unjustified refusal for the entry
or access to any premises of an authorized Department representative.

In these cases, the offender shall be punished a fine of not less than One hundred
thousand pesos (#100,000.00) but not more than Three million pesos (P3,000,000.00)
and/or with imprisonment of not less than three (3) years but not more than ten (10) years
at the discretion of the court. If the offender is a juridical person, the chief executive officer
and the pollution control officer or its equivalent shall suffer the penalty herein provided
Provided, That the officers and incorporators of TSDFs who violated the post-closure
requirements issued pursuant to Section 15 hereof shall be banned from setting up TSDFs
and hazardous and radioactive wastes transport companies, and engaging in the operation
of the same

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

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

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

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

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

(b) Any order, rule or regulation issued by the Department, the DOH or the PNRI with
respect to such standards or limitations.

SEC. 54. Citizen Suit. — For purposes of enforcing the provisions of this Act or its
implementing rules and regulations, any citizen may file an appropriate civil, criminal or

administrative action in the proper courts or bodies against the following:


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

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

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

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

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

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

whether the said legal action has been filed to harass, vex, exert undue pressure or stifle

such legal recourses of the person complaining of or enforcing the provisions of this Act.
Upon determination thereof, evidence warranting the same, the court shall dismiss the
case and award attorney's fees and double damages.

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

the course of enforcing this Act.


CHAPTER XI
MISCELLANEOUS PROVISIONS

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

SEC. 57.Research on Hazardous and Radioactive Wastes Management. - The
Department, after consultations with the cooperating agencies, shall encourage, cooperate
with and render financial and other assistance to appropriate government and private
agencies, institutions and individuals in the conduct and promotion of researches,
experiments and other studies on hazardous and radioactive wastes management,
particularly those relating to:

(a) Adverse health welfare effects of the release into the environment of hazardous
and radioactive wastes, and methods to eliminate said effects or minimize the health risks;

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

(c) The planning, implementation and operation of resource recovery and resource
conservation systems;

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

(e) The development and application of new and improved methods of collecting,
separating and disposing of hazardous and radioactive wastes, and processing and
recovering materials and energy from hazardous and radioactive wastes;

(f) Cleaner production technologies;

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

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

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

SEC. 58. Public Education and Information. — The Department, the DOH and the
PNRI, in coordination with the Department of Education (DepED), the TESDA, the
Commission on Higher Education (CHED), the DILG, the Philippine Information Agency (PIA)

36


hazardous and radioactive wastes management. Such education and information program
shall:

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

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

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

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

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

management practices.

CHAPTER Xi

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

Appropriations Act.


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

Receipts from donations shall be accounted for in the books of the recipient

government agency in accordance pertinent accounting and auditing rules and
regulations.

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

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

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

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

SEC. 65. Report to Congress. — The Department shall report to Congress not later than

March 30 of every year following the approval of this Act, giving a detailed account of its

38


accomplishments and progress on hazardous and radioactive wastes management during
the year and make the necessary recommendations in areas where there is need for
legislative action.

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

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

SEC. 68. Effectivity. - This Act shall take effect fifteen (15) days after its publication

in at least two (2) newspapers of general circulation.

Approved,