EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHIUPPINES 
First Regular Session
)
)
S E N A T E  
S. No. 401
> V
 THE
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Introduced by Senator Francis 'T o l" N. Tolentino
AN ACT
ALLOWING THE USE OF WASTE TO ENERGY TECHNOLOGY IN  ELECTRICITY, 
FUEL AND HEAT GENERATION, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
One o f the m ajor environm ental problems o f the Philippines is the im proper 
disposal o f waste. Currently, all municipal solid waste o f local governm ent units are 
disposed to a sanitary landfill, usually unsegregated and untreated.
According to a study conducted by the Japan International Cooperation Agency, 
the percentage o f local governm ent units tha t fully followed the sanitary landfill 
method, as mandated by Republic Act No. 9003 or the Ecological Solid Waste 
Management Act, did not reach ten percent (10% ). Furthermore, around eighty 
percent (80% ) to ninety percent (90% ) o f the capacity o f the constructed sanitary 
landfills has been utilized and is projected to be at full capacity within the next five (5) 
years.
Concurrent w ith the garbage disposal problem, the Philippines is also facing a 
forthcom ing crisis in the field o f energy supply. As o f now, rotational brow nout is being 
implemented by electric suppliers in some areas o f the country. During the dry season, 
the production o f energy supply drastically drops since we rely on several hydroelectric 
power plants. The price o f electricity is also increasing due to the shortage o f supply 
and the increasing demand, coupled w ith the rising prices o f petroleum  products in


the world m arket which is the prim ary raw material for the operation o f our fossil fuel 
power plants.
To address both the disposal o f solid waste and shortage o f energy supply, this 
bill proposes to fully allow the use o f waste to energy technologies, in harm ony w ith 
the Supreme Court ruling in the case o f Metropolitan Manila Developm ent A uthority 
vs. Jancom Environmental Corporation, et al., where it was ruled tha t the Republic Act 
No. 8749, or otherwise known as the Clean Air Act o f 1999, does not absolutely 
prohibit incineration as a mode o f waste disposal; rather, only those burning processes 
which em it poisonous and toxic fum es are banned.
There have been several attem pts to establish waste to energy facilities and 
even backed by the national governm ent and local governm ent units. However, 
because o f legal impossibilities, these proposed projects never pushed through.
Republic Act No. 9513, or otherwise known as the Renewable Energy Act o f 
2008, already allows the use o f waste to energy technology, but only in a limited 
sense. This bill proposes to  allow the use o f waste to energy technology, using any 
process; provided, that it is environm entally sound and operationally efficient.
In the light o f the foregoing, the passage o f this bill is earnestly sought.
TOL" N. TOLENTINO
Senator


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
F irst Regular Session 
)
S E N A T E
S. No. 401
of ilif -  ■'
*19 
JUL11 
P4 ;16
received:..
Introduced by Senator Francis "T o l" N. Tolentino
AN ACT
ALLOWING THE USE OF WASTE TO ENERGY TECHNOLOGY IN  ELECTRICITY, 
FUEL AND HEAT GENERATION, AND FOR OTHER PURPOSES
Be it  enacted b y  the Senate and House o f  Representatives o f  the Philippines in 
Congress assembled:
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Section 1. S hort Title. -  This Act shall be known as the "W aste to Energy Act
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o f 2019."
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Sec. 2. Declaration o f  Policy. -  I t  is hereby declared the policy o f the State to
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adopt a system atic and comprehensive solid waste m anagement program  which
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ensures the protection o f public health and environm ent, and encourage the
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developm ent o f environm entally sustainable waste to energy facilities to address the
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solid waste disposal and energy shortage.
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I t  is also the policy o f the State to allow the process o f incineration in waste to
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energy facilities provided that the burning process does not em it poisonous and toxic
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fumes.
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Sec. 3. Objectives. -T he objectives o f this Act are:
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(a) To allow the operation o f waste to energy facilities to aid in the reduction o f
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solid waste disposal and in the increase o f energy production;
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(b) To provide guidelines on the evaluation, establishm ent, and operation o f waste
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to  energy facilities fo r the integrated m anagem ent o f municipal solid wastes
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which ensure the protection o f public health and environm ent;


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(c) To increase the efficiency o f collection and transport o f solid wastes;
(d ) To ensure the proper segregation, collection, transport, storage, treatm ent and 
disposal o f solid waste through the form ulation and adoption o f the best 
environm ental 
practices 
in 
ecological 
waste 
management, 
including 
incineration in a waste to energy facility;
(e ) To encourage private sector participation in solid waste management and 
waste to energy conversion;
(f) To strengthen the cooperation o f local governm ent units in solid waste 
m anagem ent and m aterials recovery facilities to make an efficient collection 
and transport o f municipal solid wastes from  source and until it reaches the 
waste to energy facilities;
(g) To strengthen the integration o f solid waste m anagement into the academic 
curricula in order to prom ote environmental awareness and action among the 
citizenry and to  minimize the disposal o f solid wastes and expedite the 
segregation process;
(h) To encourage the developm ent and use o f local technology; and
(i) To improve, ensure and protect the health o f the public by reducing the wastes 
tha t are to be throw n directly to the sanitary landfills through proper operation 
o f the m aterials recovery facilities and the operation o f waste to energy 
facilities.
Sec 3. D efinition o f  Terms. - For purposes o f this Act, the following term s shall
mean:
(a) Clustering is a strategy o f pooling available resources o f neighborhood cities, 
m unicipalities or barangays fo r the establishm ent o f a common solid waste 
m anagem ent facility or service;
(b) Emission shall refer to any air contam inant, pollutant, gas or unwanted sound 
from  a known source which is passed into the atmosphere;
(c) Hazardous Wastes shall refer to by-products, side-products, process residues, 
spent reaction media, contaminated plant or equipm ent or other substances 
from  manufacturing operations and as custom er discards o f m anufactured 
products which present unreasonable risk and/or injury to  health and safety 
and to the environm ent;


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(d) Host LGU shall refer to the local governm ent unit where the waste to energy 
facility is located;
(e) Materials Recovery Facility (MRF) shall include solid waste transfer station or 
sorting station, drop o ff center, a composting facility and a recycling facility;
(f) Municipal Solid Waste shall refer to wastes produced from  activities which 
include a com bination o f domestic wastes from  residential, commercial, 
institutional and industrial wastes;
(g) Recyclable Materials shall refer to any waste material tha t can be converted 
into suitable beneficial use or for other purposes;
(h) Sanitary Landfill shall refer to waste disposal site designed, constructed, 
operated and maintained in a m anner that exerts engineering control over 
significant potential environm ental impacts arising from  the developm ent and 
operation o f the facility;
(i) Segregation shall refer to solid waste m anagement practice o f separating 
different materials found in solid waste in order to prom ote recycling and re­
use o f resources and to reduce the volume o f waste fo r collection and disposal;
(j) Waste to Energy shall refer to the process o f converting wastes w ith various 
technologies, usually the conversion o f non-recyclable waste m aterials into 
usable heat, electricity, or fuel through a variety o f processes; and
(k) Waste to  Energy Facility shall refer to the facility where the waste to energy 
operations are conducted.
Sec. 4. l^<3ste to Energy Technology, allowed. -  The use o f waste to energy 
technologies which converts non-recyclable solid waste materials, through any mode 
or process, including incineration, into usable heat, electricity, or fuel shall be allowed.
Sec. 5. 
Guidelines. 
-  The Departm ent o f Science and Technology, in 
coordination w ith the Departm ent o f Energy and the Departm ent o f Environment and 
Natural Resources shall provide guidelines regarding the operation o f waste to energy 
technology which m ust include:
(1) Compliance 
o f 
environm ental 
permits, 
clearances 
and 
other 
legal 
requirem ents from  concerned agencies prior to construction, set-up and 
operation o f a waste to energy facility;


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(2) Solid waste management plan o f the host Local Government Unit consistent 
w ith Republic Act No. 9003;
(3) Clustering o f Local Governm ent Units and/or form ing partnerships w ith the 
private sector in the establishment, construction and operation o f waste to 
energy facility;
(4) Compliance w ith the Euro Emission Standards;
(5) Operational guidelines fo r waste to energy facility, such as, but not lim ited 
to:
(a) kind o f waste that may be accepted by the facility fo r processing;
(b) im plem entation o f MRFs, Residual Containm ent Areas, Sanitary landfills 
and other disposal facilities;
(c) quality and sustainability o f wastes; and
(d) docum entation indicating the quantity in weight, source and type o f 
source-segregated wastes to be processed including the date and tim e 
received.
(6) Guidelines fo r appropriate storage facilities for segregated wastes, materials 
and by-product from  the operation, providing proper measures to address 
risks o f explosion, com bustion, corrosion, contam ination, infection, and odor 
emission;
(7) Manual o f operation and quality assurance and control and standards fo r 
quality control/assurance system;
(8) A detailed em ergency response plan to ensure effective and rapid 
containm ent and clean-up in the event o f an em ergency incident;
(9) Personal protective equipm ent and medical care in compliance w ith existing 
laws, rules, and regulations to all personnel o f the facility directly handling 
or exposed to  waste materials, in-process materials and finished products;
(10) 
Pollution control and abatem ent facilities to ensure tha t all emissions and 
effluents comply w ith environm ental standards;
(11) 
Requirements fo r treatm ent, storage and disposal facilities fo r any 
hazardous waste resulting from  the operations o f the waste to energy 
facility;


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(12) 
Allowable locations for waste to energy facilities, which m ust be fa r from
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urban areas;
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(13) 
And such other guidelines as may be necessary fo r the furtherance o f
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the purpose and objectives o f this Act.
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Sec. 6. Environm ental M onitoring. -T h e  Environmental Management Bureau o f
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the Departm ent o f Environment and Natural Resources shall regularly and periodically
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m onitor the environm ental compliance o f the waste to energy facility, including its
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emissions, 
and 
shall 
prom ulgate 
guidelines 
on 
the 
periodic 
reports 
and
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docum entations required to be subm itted to the Bureau.
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The Bureau shall have the power to issue a cease and desist order or tem porary
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closure orders fo r non-com pliant facilities.
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Sec. 7. Acceptable Waste Materials. -  the Departm ent o f Environment and
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Natural Resources shall provide a list o f acceptable waste tha t may be processed in
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the waste to energy facility. It shall ensure that only materials that pass the
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international environm ental standards with high calorific values are allowed to be
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processed in waste to energy facilities.
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The follow ing shall not be acceptable materials:
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1. Recyclable wastes;
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2. Health care wastes;
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3. Explosives;
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4. Batteries;
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5. Radioactive wastes;
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6. Electronic wastes;
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7. Cyanide wastes;
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8. Unsegregated municipal solid wastes; and
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9. Other wastes tha t are not safe or efficient fo r processing in the waste to
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energy facility, as determ ined by the DENR.
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Sec. 8. Prohibition on Im portation o f  Wastes/ exception. -  Im portation o f waste
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materials that are to be used by waste to energy facilities shall not be allowed, unless,
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the EMB certifies that the supply o f acceptable wastes in the Philippines are insufficient
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to  m eet the demands fo r the efficient production o f the waste to  energy facilities, and


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unless the other requirem ents on im portation o f waste under Republic Act No. 6969 
and the Basel Convention are also complied with.
Sec. 9. Clustering. -  Neighboring Local Governm ent Units are mandated to 
establish a common solid waste m anagement and materials recovery facility, in 
accordance w ith Section 33 o f the Local Government Code, and shall jo in tly develop 
an efficient collection and transport operation o f municipal solid wastes.
Local Governm ent Units are authorized to sell segregated municipal solid 
wastes to privately-owned or operated waste to energy facilities.
Sec. 10. Tax Incentives. -  Operators o f waste to energy facilities shall enjoy a 
five (5) year tax holiday from  the start o f its commercial operations, tax and duty free 
im portation o f raw materials, capital equipm ent, machineries, and spare parts subject 
to the conditions under Section 8 o f this Act, and VAT zero-rating o f all local purchases 
o f raw materials.
Sec. 11. Im plem enting Rules and Regulations. - T h e  Departm ent o f Science 
and Technology, in coordination w ith the Departm ent o f Energy and the Departm ent 
o f Environment and Natural Resources shall collectively craft, and issue, w ithin th irty 
(30) days from  the date o f the effectivity o f this Act, the Im plem enting Rules and 
Regulations fo r the effective implem entation o f this Act.
Sec. 12. Fines and Penalties. -  Any person who violates any o f the provisions 
o f this Act, including the rules and regulations thereof, shall be imposed w ith a penalty 
o f im prisonm ent o f six (6) months and one day to six (6) years or a fine o f at least 
one hundred thousand pesos (P hpl00,000) but not more than one million pesos 
(P h p l,000,000), or both.
I f  the offender is a juridical person, the president, manager, directors, trustees, 
or the officials directly in charge o f the operations shall suffer the penalty provided. 
Permits and licenses issued to such juridical entities shall autom atically be revoked 
and canceled.
I f  the offender is a public official, the penalties imposed by this Act shall be in 
addition to and w ithout prejudice to Republic Act No. 3019 or the Anti-G raft and 
Corrupt Practices Act.


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Sec. 13. Separability Clause. - I f  any provision o f this Act shall be held 
unconstitutional or invalid, the other provisions not otherwise affected shall remain in 
full force and effect.
Sec. 14. Repealing Clause. - Provisions o f Republic Act No. 8749, Republic Act 
No. 9003, Republic Act No. 6969, Republic Act No. 9513 and all other laws, decrees, 
executive orders, proclamations and other executive issuances which are inconsistent 
w ith or contrary to the provisions o f this Act are hereby amended accordingly.
Sec. 15. E ffectivity Clause. - This Act shall take effect fifteen (15) days following 
its com plete publication in the Official Gazette or in tw o (2) national newspapers o f 
general circulation.
Approved,