Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO. _________ 
Introduced by Representative Paolo Henry M. Marcoleta 
EXPLANATORY NOTE 
Solid waste generation in the Philippines has been steadily increasing over 
the years. This is despite the enactment of the Ecological Solid Waste 
Management Act of 2000 (Republic Act no. 9003) and our government’s efforts 
to achieve the law’s goal of reducing the same.1 
In 2020, reports show the generation of at least 16.63 million metric tons 
of solid waste, with daily average amounts reaching 61,000 metric tons of solid 
waste. 24% of said daily average is said to be plastic wastes.2 
This level and rate of waste generation is placing our existing landfills at 
the risk of exceeding capacities. To address this waste management problem 
effectively and immediately, the country needs a paradigm and policy 
enhancement, supported by a national commitment both by the government and 
its people, with adherence to the highest standard form of discipline possible. 
Incineration, a method involving burning waste in specially designed 
furnaces at temperatures exceeding 850℃, is known to efficiently convert waste 
into thermal energy. It reduces landfill dependency while recovering usable 
energy for consumption.3 
1 COA, Solid Waste Management Program, April 2023, available at 
https://www.coa.gov.ph/reports/performance-audit-reports/2023-2/solid-waste-management-program/# (last 
accessed on July 07, 2025). 
2 Dennis Subbotnitskiy, NUTEC Plastics: The Philippines Forges Ahead with Radiation Technology for Plastic 
Recycling, available at https://www.iaea.org/newscenter/news/nutec-plastics-the-philippines-forges-ahead-with-
radiation-technology-for-plastic-recycling (last accessed on July 07, 2025). 
3 Aishu S, Incineration of Municipal Solid Waste: Exploring Processes, Benefits, and Future Trends, May 24, 
2025, available at https://prezi.com/p/9dvvej1u4zos/incineration-of-municipal-solid-waste/ (last accessed on 
July 07, 2025). 
August 5, 2025
11:54 am
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Despite the serious environmental concerns about incineration, advances 
in emission control designs, along with strict standards and monitoring systems 
have address the said concerns and reduce the pollution in the atmosphere. In fact, 
both Singapore and Sweden, as well as other countries, have successfully resorted 
to incineration in addressing their waste management problems. Singapore’s Tuas 
Incineration Plant, with a capacity of 3,200 tons/day, has not only generated 80 
MW of electricity but has also integrated advanced fuel gas cleaning and ash 
recycling systems, representing a holistic approach to waste management and 
energy recovery. While for Sweden, more than 50% of its municipal solid waste 
goes through incineration. The Okhla Waste-to-Energy (WTE) Plant, in Delhi, 
India, incinerates approximately 1,500 tons of municipal solid waste per day, 
generating around 16 MW of electricity.4 
The use by these countries of incineration prove that it is imbued with more 
benefits and solutions than problems. The incineration process involves four vital 
stages: drying, pyrolysis, combustion, and post-combustion. Each stage plays a 
critical role in ensuring that waste is transformed efficiently with minimal 
emissions.  
The post-combustion stage is the most essential stage for meeting emission 
regulations and protecting air quality. Modern incineration plants utilize emission 
control systems, like electrostatic precipitators and scrubbers to remove 
particulates, dioxins, and sulfur oxides, ensuring compliance with current 
environmental standards. Recent developments in resource recovery from WTE 
residues allow recycling of metals and, in the case of sewage sludge, even 
phosphorus by thermal recycling. Combined with carbon capture and storage 
technology, WTE stands for a quantifiable contribution to greenhouse gas 
reduction. This is indispensable to reach the goals of circular economy, namely 
recycling of energy and materials, supplying safe final sinks for persistent organic 
substances and minimizing the need for sinks for hazardous inorganic 
substances.5 
Our administration’s ban on incineration was premised on the need to 
reduce the release of greenhouse gases like carbon dioxide (CO2), methane, 
sulfur dioxide (SO2) and nitrous oxide (NO2) – in our effort to lessen our 
contributions to global warming and climate change. 
4 Aishu S, Incineration of Municipal Solid Waste: Exploring Processes, Benefits, and Future Trends, May 24, 
2025, available at https://prezi.com/p/9dvvej1u4zos/incineration-of-municipal-solid-waste/ (last accessed on 
July 07, 2025). 
5 Paul H. Brunner, Leo S. Morf, Waste to Energy, Indispensable Cornerstone for Circular Economy: a Mini-
Review, Volume 43, Issue 1, WASTE MANAGEMENT & RESEARCH: THE JOURNAL FOR A 
SUSTAINABLE CIRCULAR ECONOMY, 26-38 (2024), available at 
https://pmc.ncbi.nlm.nih.gov/articles/PMC11690026/ (last accessed on July 07, 2025). 


However, both landfill and the combustion of untreated mixed waste will 
release carbon into the atmosphere, in different amounts. Landfill produces 
roughly equal amounts of carbon dioxide and methane, whereas energy from 
waste only produces carbon dioxide. As methane is around 25 times more 
damaging to the atmosphere, it is considered that WTE has a less detrimental 
impact on the environment overall.6 
The Philippine Clean Air Act of 1999 (Republic Act No. 8749) dismisses 
the option to safely and neatly dispose of municipal solid wastes by incineration, 
disregarding the option to generate electricity while targeting overflow of waste. 
With the latest technology and updates in the process of incineration, it can now 
be argued that it is the more feasible solution to the looming problem of waste 
management while providing an additional solution to our energy crisis. 
The Supreme Court even pronounced in the case of Metro Manila 
Development Authority v. JANCOM Environmental Corporation7 that the 
Philippine Clean Air Act of 1999 does not absolutely prohibit incinerators as a 
mode of waste disposal “rather only those burning processes which emit 
poisonous toxic fumes are banned.” 
This measure seeks to repeal RA 8749 and lift the blanket prohibition on 
the use of incinerators in the disposal of solid wastes in the country. The proposed 
measure also aims to promote the use of recent advances in WTE technology, 
providing for the safe disposal of wastes without the harmful emissions to the 
atmosphere. Finally, the bill sustains the primacy of using non-burn technologies 
or Zero Waste paths in waste disposal, such as recycling and waste segregation, 
as mandated by RA 9003. 
In light of the foregoing, the immediate passage of this bill is earnestly 
sought. 
PAOLO HENRY M. MARCOLETA 
Representative, SAGIP Partylist 
6 University of Birmingham, The Future of Waste-to-Energy - is it as Good as We are Led to Believe? , April 
01, 2021, available at https://hub.birmingham.ac.uk/resources/article/llm-future-of-waste-to-energy/ (last 
accessed on July 07, 2025). 
7 G.R. No. 147465, January 30, 2002. 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO. _________ 
Introduced by Representative Paolo Henry M. Marcoleta 
AN ACT 
REGULATING THE USE OF TREATMENT TECHNOLOGY FOR 
MUNICIPAL AND HAZARDOUS WASTES, REPEALING FOR THE 
PURPOSE SECTION 20 OF REPUBLIC ACT NO. 8749, OTHERWISE 
KNOWN AS PHILIPPINE CLEAN AIR ACT OF 1999 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Waste 
1 
Treatment Technology Act.” 
2 
3 
SEC. 2. Incineration. -  Section 20 of Republic Act No. 8749 (RA 8749) 
4 
or the Philippine Clean Air Act of 1999 is hereby repealed and shall read as 
5 
follows: 
6 
“Sec. 20. [Ban on Incineration. - Incineration, hereby defined as the 
7 
burning of municipal, bio-medical, and hazardous waste, which process 
8 
emits poisonous and toxic fumes is hereby prohibited, Provided however, 
9 
That the prohibition shall not apply to traditional small- scale method of 
10 
community/neighborhood sanitation “siga”, traditional, agricultural, 
11 
cultural, health, and food preparation and crematoria:, Provided, further, 
12 
That existing incinerators dealing with a bio-medical wastes shall be 
13 
phased out within three (3) years after the effectivity of this Act, Provided, 
14 
finally, that in the interim, such units shall be limited to the burning of 
15 
pathological and infectious wastes, and subject to close monitoring by the 
16 
Department.  
17 
18 
Local government units are hereby mandated to promote, encourage and 
19 
implement in their respective jurisdiction a comprehensive ecological 
20 
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waste management that includes waste segregation, recycling and 
1 
composting.]  
2 
 
3 
INCINERATION SHALL BE ALLOWED FOR THE TREATMENT 
4 
OF WASTE FOR THE PURPOSE OF ENERGY CONVERSION. 
5 
ADVANCED AIR EMISSION CONTROL AND STRINGENT 
6 
REGULATIONS SHALL BE PUT IN PLACE TO ENSURE THAT 
7 
WASTES ARE DISPOSED OF WITHOUT DETRIMENTAL 
8 
IMPACT 
TO 
THE 
ENVIRONMENT. 
PRODUCTS 
OF 
9 
COMBUSTION 
FROM 
THE 
INCINERATORS 
MUST 
BE 
10 
PROPERLY TREATED BEFORE GASES ARE RELEASED INTO 
11 
THE ATMOSPHERE. 
12 
 
13 
TRADITIONAL 
AND/OR 
SMALL-SCALE 
METHODS 
OF 
14 
COMMUNITY INCINERATION FOR SANITATION PURPOSES 
15 
OR “SIGA”, AGRICULTURAL, CULTURAL, HEALTH, FOOD 
16 
PREPARATION, AND CREMATORIA INCINERATION SHALL 
17 
CONTINUE TO BE ALLOWED, SUBJECT TO EXISTING RULES 
18 
AND REGULATIONS. 
19 
 
20 
With due concern on the effects of climate change, the Department shall 
21 
promote the use of the state-of-the-art, environmentally sound and safe 
22 
non-burn technologies for the handling, treatment, thermal destruction, 
23 
utilization, and disposal of sorted, unrecycled, uncomposted municipal, 
24 
bio-medical and hazardous wastes.” 
25 
 
26 
 
27 
SEC. 3. Regulation of Waste Treatment Technology. - Thermal and other 
28 
treatment technologies for the disposal of municipal and hazardous wastes, or for 
29 
the processing of any waste material for fuel, whether for commercial use or not, 
30 
shall be designed and operated to meet the standards established pursuant to this 
31 
Act and its implementing rules and regulations. These technologies shall be fitted 
32 
with equipment that will continuously monitor, record, and make publicly 
33 
available the reported data on their emissions or air pollutant concentrations. 
34 
Proposed facilities that generate energy or waste-to-energy facilities shall be 
35 
given priority over other treatment technologies. Entities utilizing such 
36 
technologies shall incorporate in their facilities and operations the appropriate 
37 
material recovery program. Thermal treatment units shall treat wastes at a 
38 
temperature of not less than eight hundred fifty degrees centigrade (850°C). 
39 
 
40 
 
41 
SEC. 4. Lead Agencies. – The Department of Environment and Natural 
42 
Resources (DENR) shall be primarily responsible for the implementation and 
43 


enforcement of this Act, while the Department of Energy (DOE) is primarily 
1 
responsible over relevant regulations pertaining to waste-to-energy facilities. 
2 
Both agencies shall promote the use of state-of-the-art, environmentally-sound 
3 
and safe technologies for the handling, treatment, thermal or non-thermal 
4 
destruction, utilization, and disposal of residual wastes. 
5 
 
6 
Pursuant to Sec. 15 of RA 8749, the Pollution Research and Development 
7 
Program shall likewise include the continuous monitoring, evaluation, and 
8 
development of more appropriate air quality guideline values and standards for 
9 
the treatment of municipal and hazardous wastes, or for the processing of any 
10 
waste material for fuel. 
11 
 
12 
 
13 
SEC. 5. Role of Local Government Units (LGUs) in Setting Up Treatment 
14 
Facilities. – The LGUs are hereby mandated to promote, encourage and 
15 
implement in their respective jurisdictions a comprehensive solid waste 
16 
management plan that includes waste reduction, segregation, recycling, 
17 
composting, and recovery. The establishment of treatment facilities shall be 
18 
facilitated by LGUs within a region, province, or strategically clustered LGUs, in 
19 
consonance with their respective ten (10)- year solid waste management plans: 
20 
Provided, That these are consistent with the national solid waste management 
21 
framework established pursuant to Republic Act No. 9003 (RA 9003), otherwise 
22 
known as the Ecological Solid Waste Management Act of 2000. 
23 
 
24 
 
25 
SEC. 6. Role of the National Solid Waste Management Commission 
26 
(NSWMC). –  The solid waste management plans and supplemental disposal plans 
27 
of all LGUs, including those which may carry out treatment projects, shall be 
28 
submitted to the NSWMC which shall render a decision within ten (10) working 
29 
days from submission thereof. The NSWMC shall put in writing the reasons for 
30 
either approving or denying such plans. 
31 
 
32 
 
33 
 
SEC. 7. Role of the Department of Science and Technology (DOST). – The 
34 
DOST shall undertake the necessary verification of the technology that will be 
35 
used for the treatment or waste processing projects. The verification shall be 
36 
completed and reported in writing within ten (10) working days from receipt of 
37 
the application, or twenty (20) working days if the application is for a new 
38 
technology. 
39 
 
40 
 
41 
SEC. 8. Role of the Department of Energy (DOE) – The DOE, in addition 
42 
to its powers and functions under Republic Act No. 7638, otherwise known as 
43 


Department of Energy Act of 1992, shall, insofar as the establishment and 
1 
operation of facilities that recover energy: 
2 
 
3 
a. Accredit and classify facilities that recover energy based on the energy 
4 
output, and determine the standards, criteria and requirements 
5 
applicable therefor pursuant to Republic Act No. 9136 (RA 9136), 
6 
otherwise known as the Electric Power Industry Reform Act of 2001, 
7 
Republic Act No. 9367, otherwise known as the Biofuels Act of 2006, 
8 
and Republic Act No. 9513, otherwise known as the Renewable Energy 
9 
Act of 2008, whichever is applicable: Provided, That the energy 
10 
generated from the facilities shall be regulated by the Energy 
11 
Regulatory Commission insofar as the rates and pricing thereof; 
12 
 
13 
b. Include a waste-to-energy implementation strategy in the Philippines 
14 
energy plan, which takes into consideration the national solid waste 
15 
management framework; 
16 
 
17 
c. Make available to the public, especially to potential investors for these 
18 
facilities, local and national information on the following: 
19 
 
20 
i. 
current and potential uses of facilities in relation to solid waste 
21 
management; 
22 
ii. 
inventory of existing facilities; and 
23 
iii. 
other relevant information. 
24 
 
25 
 
26 
SEC. 9. Responsibility of Owner and Operator. – Responsibility for 
27 
compliance with the standards promulgated for the establishment and operation 
28 
of waste treatment facilities shall rest with the owner and/or operator thereof. If, 
29 
by virtue of a contract, the operator is primarily and solely responsible for 
30 
compliance with the standards, the same shall not relieve the owner of the 
31 
requirement to exercise due diligence to ensure the operator’s compliance. 
32 
 
33 
In the event that the ownership of the facility is transferred to another 
34 
person, the previous owner shall notify the new owner of the standards and the 
35 
conditions set for the operation of said facility, and the laws and regulations that 
36 
the new owner or operator has to comply with. These standards for operation of 
37 
waste treatment or processing facility may be made more stringent by not more 
38 
than five percent (5%): 
39 
 
40 
Provided, That the more stringent standards shall be effected ten (10) years 
41 
following the commencement of the operation of the facility that is established 
42 
after the effectivity of this Act. 
43 


 
1 
SEC. 10. Grant of Incentives. – The following fiscal and non-fiscal 
2 
incentives shall be granted to registered investors and hosts of waste treatment 
3 
programs: 
4 
 
5 
a. Fiscal and Non-Fiscal Incentives. – Upon certification by the DOE, 
6 
waste-to-energy projects may be granted the incentives provided under 
7 
Title XIII of Republic Act No. 8424, otherwise known as the National 
8 
Internal Revenue Code of 1997, as amended, and any other applicable 
9 
laws: Provided, That the inclusion of waste-to-energy projects in the 
10 
strategic investment priorities plan shall be reviewed and may be 
11 
extended by the BOI. 
12 
 
13 
b. Financial Assistance Program – Government financial institutions such 
14 
as the Landbank of the Philippines, Development Bank of the 
15 
Philippines, Government Service Insurance System, and such other 
16 
government institutions providing financial service shall, in accordance 
17 
with and to the extent allowed by the enabling provisions of their 
18 
respective charters or applicable laws, accord high priority in the 
19 
extension of financial services to individuals, enterprises, or private 
20 
entities engaged in putting up treatment facilities: Provided, That these 
21 
institutions shall allocate five percent (5%) of their loan portfolio to 
22 
waste treatment projects. 
23 
 
24 
c. Extension of Grants and Incentives to LGUs – Provinces, cities, and 
25 
municipalities, the treatment facilities plan of which have been duly 
26 
approved by the NSWMC for adopting innovative waste treatment 
27 
programs, may be entitled to receive grants for the purpose of 
28 
developing their technical capacities toward actively participating in the 
29 
waste treatment projects. The LGUs that host common treatment 
30 
facilities shall be entitled to incentives as may be determined by the 
31 
NSWMC. 
32 
 
33 
 
34 
SEC. 11. Permits and License. – The procedure for the issuance of permits 
35 
and licenses for all kinds of waste-to-energy facilities shall be governed by 
36 
Republic Act No. 11234, otherwise known as the Energy Virtual One-Stop Shop 
37 
Act, and Republic Act No. 11032, otherwise known as the Ease of Doing 
38 
Business and Efficient Government Service Delivery Act of 2018. 
39 
 
40 
 
41 
SEC. 12. Fines and Penalties. – Violations of the provisions of this Act, 
42 
or the standards or rules and regulations promulgated for treatment facilities shall 
43 


be fined or penalized under the provisions of Presidential Decree No. 1586, 
1 
otherwise known as the Philippine Environmental Impact Statement System; 
2 
Republic Act No. 6969, otherwise known as the Toxic Substances and Hazardous 
3 
and Nuclear Waste Control Act of 1990; Republic Act No. 8749; Republic Act 
4 
No. 9003; and Republic Act No. 9275, otherwise known as the Philippine Clean 
5 
Water Act of 2004. For waste-to-energy facilities, the penal schemes established 
6 
under the Philippine Grid Code and Philippine Distribution Code pursuant to RA 
7 
9136, shall likewise apply. 
8 
 
9 
 
10 
 
SEC. 13. Congressional Oversight Committee. – Upon the effectivity of 
11 
this Act, a Joint Congressional Oversight Committee shall be constituted to 
12 
monitor its implementation by the concerned agencies and LGUs. The Oversight 
13 
Committee shall be composed of the following: the Chairpersons of the 
14 
Committee on Ecology and Committee on Energy of the House of 
15 
Representatives and the Chairpersons of the Committee on Environment and 
16 
Natural Resources and Committee on Energy of the Senate as co-chairpersons 
17 
and an additional four (4) members from each House, to be designated by the 
18 
Speaker of the House of Representatives and the Senate President, respectively. 
19 
 
20 
 
21 
SEC. 14. Implementing Rules and Regulations. – Within ninety (90) days 
22 
from its effectivity, the DENR and DOE shall jointly promulgate the rules and 
23 
regulations for the effective implementation of this Act. 
24 
 
25 
 
26 
SEC. 15. Report to Congress. – The DENR and the DOE shall submit to 
27 
the President of the Philippines and to Congress an annual report not later than 
28 
March 30 of every year following the approval of this Act, which shall include 
29 
an evaluation of the implementation of this Act, and the appropriate 
30 
recommendations thereon, and for any improvements or modifications to the 
31 
policies enunciated herein. 
32 
 
33 
 
34 
SEC. 16. Separability Clause. –  If any provision or part of this Act is 
35 
declared invalid or unconstitutional, the remainder thereof not otherwise affected 
36 
shall remain in full force and effect. 
37 
 
38 
 
39 
SEC. 17. Repealing Clause. – Section 20 of RA 8749 is hereby repealed. 
40 
The pertinent provision of RA 9003, as amended, and all laws, presidential 
41 
decrees, executive orders, letters of instructions, proclamations or administrative 
42 


regulations that are inconsistent with the provisions of this Act are hereby 
1 
repealed, amended, or modified accordingly. 
2 
 
3 
 
4 
SEC. 18. Effectivity. – This Act shall take effect fifteen (15) days after its 
5 
publication in the Official Gazette or in a newspaper of general circulation. 
6 
 
7 
 
8 
Approved, 
9