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

TWENTIETH CONGRESS
First Regular Session

no. 2000

House

Introduced by Representative Midy N. Cua
Lone District, Quirino

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

EXPLANATORY NOTE

The lack of planning and efficient waste treatment had led to landfills in Metro Manila reaching their
maximum capacity. As a result, these landfills can no longer accommodate the expected volume of
trash in the next coming years.

A proven effective and sustainable waste treatment method is the Waste-to-Energy (WTE) incineration
method, which is the process of generating energy in the form of electricity and/or heat from the
incineration of waste. However, the country cannot adhere to the WTE system because of the ban on
incineration imposed by Section 20 of Republic Act No. 8749. Thus, this bill proposes the repeal of
the said law to allow regulated thermal and other treatment technologies for the disposal of municipal
and hazardous wastes, or for the processing of any material for fuel.

The passage of this bill on third reading in the 19% Congress further attests to the importance and
urgency of the matter.

In view of the foreg mediate approval of this bill is requested.

Loneistrict, Quiri



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

TWENTIETH CONGRESS
First Regular Session

House Bill No. 2000

Introduced by Representative Midy N. Cua
Lone District, Quirino

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

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION I. Title. ~ This Act shall be known as the “Waste Treatment Technology Act.”

SEC. 2, Regulation of Waste Treatment Technology. ~ Thermal and other treatment technologies for
the disposal of municipal and hazardous wastes, or for the processing of any waste material for fuel,
whether for commercial use or not, shall be designed and operated to meet the standards established
pursuant to this Act and its implementing rules and regulations. These technologies shall be fitted with
equipment that will continuously monitor, record, and make publicly available the reported data on their
emissions or air pollutant concentrations. Proposed facilites that generate energy or waste-to-energy
facilities shall be given priority over other treatment technologies. Entities utilizing such technologies
shall incorporate in their facilities and operations the appropriate material recovery program. Thermal
treatment units shall treat wastes at a temperature of not less than eight hundred fifty degrees centigrade
(850°C).

SEC. 3. Lead Agencies, — The Department of Environment and Natural Resources (DENR) shall be
primarily responsible for the implementation and enforcement of this Act, while the Department of
Energy (DOE) is primarily responsible over relevant regulations pertaining to waste-to-energy facilities.
Both agencies shall promote the use of state-of-the-art, environmentally sound, and safe technologies
for the handling, treatment, thermal or non-thermal destruction, utilization, and disposal of residual
wastes.

Pursuant to Sec. 15 of R.A No. 8749, otherwise known as the “Clean Air Act of 1999,” the Pollution
Research and Development Program shall likewise include the continuous monitoring, evaluation, and
development of more appropriate air quality guideline values and standards for the treatment of
‘municipal and hazardous wastes, or for the processing of any waste material for fuel.

SEC. 4. Role of Local Government Units (LGUs) in Setting Up Treatment Facilities. — The LGUs
are hereby mandated to promote, encourage, and implement in their respective jurisdictions a
comprehensive solid waste management plan that includes waste reduction, segregation, recycling,
‘composting, and recovery. The establishment of treatment facilities shall be facilitated by LGUs within
a region, province, or strategically clustered LGUs, in consonance with their respective ten-year solid
waste management plans: Provided, That these are consistent with the national solid waste management


framework established pursuant to R.A. No. 9003, otherwise known as the “Ecological Solid Waste
Management Act of 2000."

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

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

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

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

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

(©) Make available to the public, especially to potential investors for these facilities, local and national
information on the following:

1. current and potential uses of facilities in relation to solid waste management,
2. inventory of existing facilities; and
3. other relevant information.

SEC. 8. Responsibility of Owner and Operator. ~ Responsibility for compliance with the standards
promulgated for the establishment and operation of waste treatment facilities shall rest with the owner
and/or operator thereof, If, by virtue of a contract, the operator is primarily and solely responsible for
compliance with the standards, the same shall not relieve the owner of the requirement to exercise due
diligence to ensure the operator's compliance. In the event that the ownership of the facility is transferred
to another person, the previous owner shall notify the new owner of the standards and the conditions
set for the operation of said facility, and the laws and regulations that the new owner or operator has to
comply with

These standards for operation of waste treatment or processing facility may be made more stringent by
not more than five percent (5%): Provided, That the more stringent standards shall be effected ten (10)
years following the commencement of the operation of the facility that is established after the effectivity
of this Act.

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


(@) Fiscal and Non-Fiscal Incentives. - Upon certification by the DOE, waste-to- energy projects, as
defined in this Act, may be granted the incentives provided under Title XIII of Republic Act No.
8424, otherwise known as the “National Internal Revenue Code of 1997," as amended, and any
other applicable laws: Provided, That the inclusion of waste-to-energy projects in the strategic
investment priorities plan shall be reviewed and may be extended by the BOI

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

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

SEC. 10, Permits and Licenses, ~ The procedure for the issuance of permits and licenses for all kinds
of waste-to-energy facilities shall be governed by R.A No. 11234, otherwise known as the “Energy
Virtual One-Stop Shop Act,” and R.A. No.1 1032, otherwise known as the “Ease of Doing Business and
Efficient Government Service Delivery Act of 2018.”

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

SEC. 12. Congressional Oversight Committee. — Upon the effectivity of this Act, a Joint
Congressional Oversight Committee shall be constituted to monitor its implementation by the
concerned agencies and LGUs. The Oversight Committee shall be composed of fourteen (14) members,
with the Chairpersons of the Committee on Ecology and Committee on Energy of the House of
Representatives and the Chairpersons of the Committee on Environment and Natural Resources and
Committee on Energy of the Senate as co-chairpersons and an additional five members from each
House, to be designated by the Speaker of the House of Representatives and the Senate President,
respectively.

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

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

SEC. 15, Repealing Clause. ~ Section 20 of R.A. No. 8749 otherwise known as the “Philippine Clean
Air Act of 1999" is hereby repealed. The pertinent provision of R.A. No. 9003 otherwise known as the
“Ecological Solid Waste Management Act of 2000,” as amended, and other laws, presidential decrees,


SewmyaAneaene

executive orders, rules and regulations inconsistent with any provisions of this Act shall be deemed
repealed or modified accordingly.

SEC. 16. Separability Clause. — If any provision of this Act shall be held unconstitutional or invs
the other provisions not otherwise affected shall remain in full force and effect.

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

Approved,