Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. Av

Introduced by Hon. Kenneth T. Gatchalian

EXPLANATORY NOTE

The bill submitted proposes to amend and/or repeal relevant provisions of
Republic Act 8749 or “The Philippine Clean Air Act of 1999” and Republic Act 9003
or The Ecological Solid Waste Management Act of 2000” in relation to the ban on
incineration of municipal and hazardous wastes.

Section 20 of Republic Act No. 8749, otherwise known as the “Philippine
Clean Air Act of 1999” prohibits the incineration of municipal, biomedical, and
hazardous waste, which process emits poisonous and toxic fumes. Consistent with
R.A. No. 8749, R.A. No. 9003, or “Ecological Solid Waste Management Act of 2000”
excludes "incineration". However, new technologies have emerged that made it
feasible to convert waste into usable forms of energy including heat, fuel and
electricity. This conversion can occur through several processes such as incineration,
gasification, pyrolysis, anaerobic digestion, and landfill gas recovery.

Unfortunately, the Philippines cannot adhere to this available technology of
converting waste to energy because of the express prohibition on incineration in
Section 20 of R.A. No. 8749. Thus, this bill seeks to repeal Section 20 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 fuel material. Moreover,
this bill imposes specific standards of thermal treatment units and levies responsibility
to the owners and operators of such

Last 19” Congress, a similar bill was filed by Speaker Ferdinand Martin G
Romualdez and Representatives Yedda Marie Romualdez, Jude Acidre, Jurdin Jesus
M. Romualdo, Carlito S. Marquez Michael L. Romero, Ph.D., Luis Raymund “Lray”
Villafuerte, and Gerville "Jinky Bitrics" Luistro.


In view of the foregoing, the immediate passage of this bill is most earnestly
sought

NNE . GATCHALIAN
Representative
District, Valenzuela City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quejon City

TWENTIETH CONGRESS
First Regular Session

House sitno, 171

Introduced by HON. KENNETH T. GATCHALIAN

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 14. Title. - This Act shall be known and referred to 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
facilities 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 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
NSWWC 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;

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

(i) current and potential uses of facilities in relation to solid waste
management;
(i

(iii) other relevant information.

inventory of existing facilities; and,


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:

(a) 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


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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 govemed by R.A No.
11234, otherwise known as the “Energy Virtual One-Stop Shop Act”, and R.A.
No.11032, 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 concemed 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 four
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. Separability Clause. — \f any part or section of this Act is declared
unconstitutional, such declaration shall not affect the other parts or sections of this
Act.

Sec. 16. 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, executive orders, rules
and regulations inconsistent with any provisions of this Act shall be deemed repealed
or modified accordingly.

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,