Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House BiLLNo. 3161

Introduced by Representative EDGAR R. ERICE

EXPLANATORY NOTE

As one of the developing countries, Philippines is incessantly plagued for the
past decades by a major problem involving waste management. The rapid
population growth, urbanization and modernization in the country have resulted in
the significant increase of waste generated especially in urban cities. This condition
has created both environmental and health problems due o the inability of both and
national governments to implement proper waste management primarily because of
scarce financial, human and technical resources.’

Before the enactment of Republic Act No. 8749, otherwise known as the
Clean Air Act of 1999 (CCA), and Republic Act No. 9003, otherwise known as the
Ecological Solid Waste Management Act of 2000 (ESWA), the primary methods of
waste disposal in the country are incineration and, dumping of solid wastes in open
dumpsites and sanitary landfills. Incineration, however, was theoretically banned in
1999 by virtue of the passage of CCA due to the commonly held opinion that it is one
of the leading sources of dioxin and furan, which are significant environmental
pollutants. On 26 January 2001, ESWA was passed which essentially prohibited the
operation of open dumpsites.

As of third quarter of 2010, only 33 landfills were established for the disposal
of solid wastes of the whole country*. Needless to state, it is undoubtedly insufficient
to dispose of estimated 28,875 tons of garbage generated in the Philippines per
day.

It is high time, therefore, for the government to consider other viable
alternatives for effective and sufficient system of waste disposal other than landfills.

' Kojima and Michida ed., Economic Integration and Recycling in Asia: An Interim Report,
Chosakenkyu Hokokusho, Institute of Developing Economies, 2011, page 66.

* Kojima and Michida ed., Economic Integration and Recycling in Asia: An Interim Report,
Chosakenkyu Hokokusho, Institute of Developing Economies, 2011, page 78

* Kojima and Michida ed., Economic Integration and Recycling in Asia: An Interim Report,
Chosakenkyu Hokokusho, Institute of Developing Economies, 2011, page 70.

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Incinerators have undergone vast improvements in recent years and burning
municipal waste now produces only minimal amounts of air pollution.* According to a
study conducted by the World Health Organization regarding the best practices to
ensure substantial reductions in the formation, emission and exposure to toxic
substances from waste incineration, proper design and operation of incinerators
should achieve desired temperatures, residence times, and other conditions
necessary to destroy pathogens, minimize emissions, avoid clinker formation and
slagging of the ash, avoid refractory damage destruction, and minimize fuel
consumption. Good combustion practice elements should also be followed to control
dioxin and furan emissions.

The reasons behind the banning of incineration in 1999 no longer applies
today in light of the recent technological advancements with regard thereto. This bill,
therefore, seeks for the utilization of incineration as a means to effectively and
efficiently manage municipal, biomedical and hazardous wastes, amending for the
purpose, Section 20 of the CCA. It cannot be overemphasized, however, that the
incineration process to be adopted should comply with the minimum standards
based on the average value of dioxins and furans emissions prescribed under
Section 19 of CCA

In view of the foregoing, the passage of this sought

Ses AR R. ERICE
/ Representative
(2bistrict Caloocan City

“incineration. Retrieved 30 September 2013 from
htp://www.swissworld.org/en/environment/waste_management/.

* 3 Best Practices for Incineration, Retrieved 30 September 2013 from
httpi//www.whoInt/water sanitation health/medicalwaste/en/smincinerators3.pdf.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House BILL No. 8161

Introduced by Representative EDGAR R. ERICE

AN ACT
ALLOWING THE USE OF INCINERATORS IN BURNING MUNICIPAL, BIO-
MEDICAL AND HAZARDOUS WASTES AMENDING FOR THE PURPOSE
SECTION 20 OF REPUBLIC ACT NO. 8749 ENTITLED “AN ACT PROVIDING
FOR A COMPREHENSIVE AIR POLLUTION CONTROL AND FOR OTHER
PURPOSES.”

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

SECTION 1. Section 20 of Republic Act No. 8749 is hereby amended to read
as follows:

SECTION 20. [Ban on incineration] PROMOTION OF OTHER
VIABLE ECOLOGICAL WASTE MANAGEMENT SYSTEM —
[Incineration, hereby defined as the burning of municipal, biomedical
and hazardous waste, which process emits poisonous and toxic fumes
is hereby prohibited; Provided, however, That the prohibition shall not
apply to traditional small-scale method of community/neighborhood
sanitation "siga", traditional, agricultural, cultural, health, and food
preparation and crematoria; Provided, Further, That existing
incinerators dealing with a biomedical wastes shall be out within three
(3) years after the effectivity of this Act;Provided, Finally, that in the
interim, such units shall be limited to the burning of pathological and
infectious wastes, and subject to close monitoring by the Department]

Local government units INCLUDING PRIVATE CONTRACTORS OR
ENTITIES WHO ARE AWARDED MANAGEMENT CONTRACTS OR
CONCESSIONS FOR THE PROVISIONS OF SOLID MANAGEMENT
are hereby mandated to promote, encourage and implement in their
respective jurisdiction a comprehensive ecological waste management
that includes waste segregation, recycling and composting[.,
INCLUDING INCINERATION: PROVIDED, THAT — THE
INCINERATION PROCESS MEETS THE PRESCRIBED MINIMUM
STANDARDS BASED ON THE AVERAGE VALUE OF DIOXINS
AND FURANS EMISSIONS PRESCRIBED UNDER THIS ACT.


With due concern on the effects of climate change, the Department
shall promote the use of state-of-the-art, environmentally-sound and
safe [non-burn] technologies for the handling, treatment, thermal
destruction, utilization, and disposal of sorted, unrecycled,
uncomposted, biomedical and hazardous wastes.

SEC. 2. Repealing Clause. — All laws, decrees, executive disorders, rules and
regulations inconsistent with this Act are hereby repealed and modified accordingly.

SEC. 3. Effectivity. - This Act shall take effect after fifteen (15) days following
the completion of its publication in the Official Gazette or in at least two (2) national
newspapers of general circulation,

Approved,

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