Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No._ 1203

INTRODUCED BY: HON. MARCELINO “MARCY” R. TEODORO,

EXPLANATORY NOTE

Hazardous materials and radioactive wastes pose threats to lives, health
and properties. Due to this substantial experience with issues involving these
harmful wastes, state intervention should take place by controlling their existence
in the country. Hence, such policies should be made in order to materialize this
goal.

The abovementioned wastes require sophisticated treatment and
management in order to successfully isolate it from interacting with the
biosphere. This bill to be known as “Philippine Hazardous and Radioactive
Wastes Management Act of 2010" is proposed in order to ensure the safety and
security of the communities. It prohibits the entry, even in transit, of hazardous
and radioactive wastes into the Philippine territorial boundaries. Moreover, it
provides guidelines for the appropriate generation, collection, storage, transport
and disposal of hazardous and radioactive wastes including emergency plans for
accidents involving such wastes.

Furthermore, the bill will empower the Department of Environment and
Natural Resources to formulate a “National Hazardous and Radioactive Waste
Management Framework” as the official scheme for regulating and controlling
such harmful wastes through all government agencies. Particularly the Section 9
of this proposition, it is required that owners treatment, storage and disposal
facilities to use the best available technology and best environmental practices
(BAT & BEP) in managing hazardous and radioactive wastes.

However, it should be recognized that it is not only the responsibility of the
government entities to deal with the dilemma. Thus, it is prescribed under this bill
that those individuals, NGOs and private corporations who took step in handling
the problem through developing new technologies and innovative concepts shall
be provided with monetary and non-monetary incentives because through this,
the state is boosting its encouragement to continue the purposive actions and aid
in the objective of this legislation.

Much has been said of the harmful effects that hazardous materials and
radioactive wastes yield to lives and communities. Therefore, the approval of this

bill is highly recommended.
) Ay

MARCELINO “MARCY” R. TEODORO.
Representative, 1* District
Marikina City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

INTRODUCED BY: HON. MARCELINO “MARCY” R. TEODORO

AN ACT
PROVIDING FOR A COMPREHENSIVE HAZARDOUS AND RADIOACTIVE
WASTES MANAGEMENT, PROVIDING PENALTIES FOR VIOLATIONS
THEREOF, AND FOR OTHER PURPOSES

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

CHAPTER | - General Provisions

SECTION 1. Short Title - This Act shall be known as the “Philippine
Hazardous and Radioactive Wastes Management Act of 2010.”

SEC. 2. Declaration of Policy — It is hereby declared the policy of the State
to advance the protection of human health and the environment from the
potential risks of hazardous and radioactive wastes within the framework of
sustainable development. Towards this end, the State shall:

a) Develop and implement national and local integrated and
comprehensive hazardous and radioactive waste management programs
focusing on pollution prevention and resource conservation recovery,
which shall:

i) Improve waste management techniques, organizational
arrangements, methods of collection, separation and recovery of
wastes;

ii) Promote environmentally safe disposal of residues;

iii) Minimize the generation of hazardous and radioactive
wastes by encouraging cleaner production, process substitution,
resource recovery, recycling and reuse, and treatment; and

iv) Institutionalize public participation in the development and
implementation of such programs.

b) Promulgate guidelines for the generation, collection, segregation,
transport, recovery, storage, treatment and disposal of hazardous and
radioactive wastes including emergency and contingency plans - for
accidents involving such wastes;

c) Prohibit the entry, even in transit, of hazardous and radioactive
wastes into the Philippine territorial limits for whatever purpose consistent
with international agreements and protocols;

d) Promote a national research and development program for
improved hazardous and radioactive waste management and resource
conservation techniques;

e) Formulate and enforce a system of accountability for generators,
including the promotion of extended producer responsibility, product
stewardship and responsible care program.


f) Promote international environmental standards on waste
management; and,

g) Strengthen the integration of hazardous and radioactive waste
management and resource conservation and recovery topics into the
academic curricula of formal and non-formal education in order to promote
environmental awareness and action among the citizenry.

SEC. 3. Coverage of the Act - This act shall apply to the generation,
possession, collection, recovery, reuse, storage, transport, treatment and
disposal of hazardous and radioactive wastes in the country for whatever
purposes. Provided, also, that this Act shall cover the entry, even in transit, into
the Philippine territorial limits of such wastes.

SEC. 4. Definition of terms — As used in this Act:

a) Abandoned underground mines shall refer to worked out mineral
mines with deep shafts extending to about one to two thousand feet below
the ground surface.

b) Best Available Techniques (BAT) shall refer to any technology
that shall take consideration costs and benefits of a measure as well as
precaution and prevention, such as but not limited to:

1) the nature, effects and mass of releases concerned;
2) consumption and use of raw materials in the process and
its energy efficiency;

3) the need to prevent or reduce to a minimum the overall

impact of releases to the environment; and s

4) ensure occupational health and safety at the workplaces.

c) Best Environmental Practices (BEP) shall refer to practices that
are generally accepted as “environmentally friendly” taking ‘into
consideration the nature, traditions and culture of the locality. For this
purpose, technological advances and changes in scientific knowledge and
understanding shall likewise be considered in determining acceptable
practices in preserving the environment.

d) Borehole facilities shall refer to those that entail the
emplacement of solid radioactive waste in an engineered facility of
relatively narrow diameter bored and operated directly from the surface. It
covers a range of design concepts with depths ranging from a few meters
up to several hundred meters and their diameters can vary from a few
tens of centimeters up to more than one meter.

e) Carcinogen means any substance that can cause or contribute
to the incidence of cancer;

f) Collection refers to the act of removing hazardous waste from the
source or from a storage point.

g) Construction means the erection or building of new structures:

h) Contaminated sites shall refer to a place or spot where the soil
quality exceeds the soil standards set pursuant to Sec. 17 hereof;

i) Corrective action refers to the steps taken to assess, prioritize
and clean up hazardous and radioactive wastes from Treatment, Storage
and Disposal Facilities (TSDFs) and/or contaminated sites in order to
protect health and the environment;

i) Corrosivity refers to a state where the waste has either of the
following properties: (1) it is aqueous and has a pH less than or equal to 2
or greater than or equal to 12.5; (2) it is a liquid and corrodes steel (SAE
1020) at a rate greater than 6.35mm (0.250 inch) per year at a test
temperature of 55°C (130°F);

k) Degradability refers to the ability of a compound to be reduced to
simpler forms through a break down of its structure;


1) Deep injection well means a well used for the underground
injection of excess brine and geothermal sludge from geothermal
operations;

m) Department means the Department of Environment and Natural
Resources;

n) Disposal means the discharge, deposit, injection, dumping,
spilling, leaking, or placing of any hazardous and radioactive wastes into
or on any land or water so that such wastes or any constituent thereof
may enter the environment or be emitted into the air or discharged into
any waters, including ground waters;

0) Generation refers to the act or process of producing hazardous
and radioactive waste;

p) Generator refers to a person, natural or juridical, who produces
hazardous and radioactive waste;

q) Geological repository refers to the isolation of high level
radioactive waste using a system of engineered and natural barriers at
depths up to several hundred meter in a geologically stable formation;

') Hazardous wastes refers to a substance discarded from
commercial and industrial establishments, institutions and healthcare
ilities which, because of the concentration, or physical, chemical, or
infectious characteristics, may cause or significantly contribute to
increases in mortality or serious illnesses, or pose an unreasonable risk
and potential threat to human health, and the environment;

s) Hazardous and radioactive waste management means the
systematic administration of activities which provide for the identification,
listing, collection, segregation, storage, transport, recovery, reuse,
processing, reprocessing, treatment, and disposal of hazardous and
radioactive wastes.

t) Healthcare waste shall refer to waste that is generated or
produced as a result of the following activities: diagnosis, treatment, or
immunization of human beings or animals; research pertaining to the
above activities; production or testing of biologicals; and waste originating
from minor or scattered sources.

u) /gnitability means the characteristic used to define as hazardous
wastes that could cause a fire during transport, storage, or disposal. A
waste exhibits the characteristics of ignitability if a sample of the waste
has any of the following properties: 1) it is a liquid that has flash point less
than 60° c (140° f); 2) it is not a liquid and is capable, under standard
temperature and pressure, of causing fire through friction, absorption of
moisture, or spontaneous chemical changes and when ignited, burns so
vigorously and persistently that it creates a hazard; 3) it is an ignitable
gas; or, 4) it is an oxidizer.

V) Injection zone means a geological formation, group of formation,
or a part of a formation receiving fluids through a well or orifice;

w) International environmental standards shall refer to the
requirements or standards under existing international environmental
agreements to which the Philippines is a party;

x) Landfill means a waste disposal site designed, constructed,
operated and maintained in a manner that exerts engineering control over
significant potential environmental impacts arising from the development
and operation of the facility

y) Land disposal refers to the placement of hazardous and
radioactive wastes on the surface, near surface and at depths within the
soil column;

z) Land treatment or land farming refers to a managed technology
that involves the controlled application of waste on the soil surface and/or
the incorporation of waste or contaminated soils into the upper soil zone.



aa) Manifest or Consignment Note refers to a form prescribed by
the Department and PNRI accompanying hazardous and radioactive
wastes from point of generation, through transport, to final disposition.

bb) Military munitions shall refer to all types of both conventional
and chemical ammunition products and their components produced by or
for the military for national defense and security, including munitions
produced by other parties under contract with or acting as agent for the
Department of National Defense.

cc) Mined cavities shall refer to the emplacement of radioactive
waste at some depths inside mines or caverns which is either man-made
or natural.

dd) Mutagens means any substance that can cause a change in
genetic material.

ee) Near surface facilities shall refer to the disposal of radioactive
waste with or without engineered barrier on or below ground surface
where the final protective covering is of the order of a few meters thick or
in caverns a few tens of meter below the earths surface.

ff) On-site treatment facilities refers to facilities of generators who
treat their own hazardous and radioactive wastes either by themselves or
through a service provider inside their facilities in compliance with waste
acceptance criteria promulgated by the Department, DOH and PNRI.

gg) Open burning shall refer to shall refer to the low temperature
thermal destruction of wastes by means of direct exposure to fire. For this
purpose, this shall apply to the traditional small-scale methods of
community sanitation called “siga”.

hh) Partial treatment refers to any process used to modify the
characteristics of a hazardous or radioactive waste without totally negating
its hazardous characteristics. This may include, volume reduction,
conditioning, moisture reduction, neutralization among others.

li) Persistence shall refer to the substantial length of time a
compound, once introduced into the environment, stays there; or the
property of a substance whose half-life in water, sediment or soil exceeds
duration of 50 days.

ji) Person(s) refers to any being, natural or juridical, susceptible of
rights and obligations, or of being the subject of legal relations.

kk) People’s Organization (PO) shall refer to non-profit and non-
stock association of citizens in a locality embracing a common goal to
protect the environment and ultimately public health.

ll) Primary Care Hospital refers to a non-departmentalized hospital
that provides (a) Clinical care and management on the prevalent diseases
in the locality; (b) Clinical services like general medicine, pediatrics,
obstetrics and gynecology, surgery and anesthesia; (c) Administrative and
ancillary services (clinical laboratory, radiology, pharmacy); and (d)
Nursing care for patients who require intermediate, moderate and partial
category of supervised care for 24 hours or longer.

mm) Radioactive wastes refer to materials that contain or are
contaminated with radionuclides at concentrations or activities greater
than clearance levels as established by the PNRI. This also refers to
disused sealed sources for which no use is foreseen.

nn) Reactivity shall refer to the state of a waste, or a representative
sample of the waste, exhibiting any of the following properties: (1) it is
normally unstable and readily undergoes violent change without
detonating; (2) it reacts violently with water; (3) it forms potentially
explosive mixtures with water; (4) when mixed with water, it generates
toxic gases, vapors, or fumes in a quantity sufficient to present danger to
human health or the environment; (5) it is a cyanide- or sulfide- bearing
waste which, when exposed to ph conditions between 2 and 12.5, can


generate toxic gases, vapors, or fumes in a quantity sufficient to present a
danger to human health or the environment; (6) it is capable of detonation
or explosive reaction if subjected to a strong initiating source or if reacted
under confinement; or, (7) it is readily capable of detonation or explosive
decomposition or reaction at standard temperature and pressure.

00) Resource recovery shall refer to the collection, extraction or
recovery of recyclable materials from the waste stream for the purpose of
recycling, generating energy or producing a product suitable for beneficial
use: Provided, that such resource recovery facilities exclude incineration

pp) Recycle means the process of minimizing the generation of
waste by recovering usable products that might otherwise become waste.

qq) Secondary Care Hospital refers to a departmental hospital that
provides (a) Clinical care and management of diseases in the locality as
well as particular forms of treatment, surgical procedure and intensive
care; (b) Clinical services provided in the Primary Care Hospital as well as
specially clinical care; (c) Appropriate administrative and ancillary services
(clinical laboratory, radiology, pharmacy); and (d) Nursing Care provided
in the First Level Referral Hospital as well as total and intensive skilled
care

tr) Segregation shall refer to a waste management practice of
separating different materials found in hazardous waste in order to
promote recycling and re-use of resources and to reduce the volume of
waste for collection and disposal. This also refers to separating radioactive
wastes according to level of activity, physical form and half-life.

ss) Special hazardous wastes shall refer to substances discarded
from households and consumer or industrial goods or products which
become hazardous at the end of its useful life by virtue of its toxic or
hazardous content which may be released to the environment upon
indiscriminate disposal.

tt) Storage means the containment of hazardous and radioactive
wastes, either on a temporary basis or for a period of years, consistent
with the guidelines as prescribed by the Department and in such a manner
as not to constitute disposal of such wastes.

uu) Surface impoundments shall refer to pits, ponds, lagoons and
dike areas that are either natural topographic depression or man-made
excavations that are primarily of earthen materials. They are designed and
constructed to hold or store, treat and/or dispose liquid waste or waste
containing free liquids through processes such as evaporation, cooling,
aeration, photo decomposition, and/or settling.

wy) Sustainable development refers to development which meets
the needs of the present without compromising the ability of future
generations to meet their own needs.

ww) Special hazardous wastes collectors refer to entities which
receive or collect special hazardous wastes under a take back program or
similar collection mechanism for the purpose of consolidating the wastes
from households or consumers preparatory to delivery to an accredited
recycling or treatment facility.

xx) Technical demonstration means the initial exhibition of a new
technology process or practice or a significantly new combination or use of
technologies, processes or practices, subsequent to the development
stage, for the purpose of proving technological feasibility and cost
effectiveness.

yy) Tertiary Care Hospital refers to a teaching and training hospital
that provides: (a) Clinical care and management of diseases in the locality
as well as specialized and sub-specialized forms of treatment, surgical
procedure and intensive care; (b) Clinical services provided in the Second
Level Referral Hospital as well as sub-specially clinical care; (c)



Appropriate administrative and ancillary services (clinical laboratory,
radiology, pharmacy); and, (d) Nursing Care provided in the Secondary
Care Hospital as well as continuous and highly specialized critical care.

zz) Thermal treatment refers to the controlled heating which
involves a prescribed heating rate, maximum temperature, and cooling
cycle to produce the property and grain structure required.

aaa) Toxicity means the degree of danger posed by a substance to
human or animal due to its acute lethality, chronic and sub-chronic toxicity,
carcinogenicity, teratogenicity, or mutagenicity among others.

bbb) Treatment means any method, technique, or process
designed to change the physical, chemical, or biological character or
composition of any hazardous and radioactive wastes so as to render
such waste non-hazardous, safer for transport, amenable for recovery,
amenable for storage, or reduced in volume.

ccc) Treatment, Storage and Disposal Facility (TSDF) refers to a
site where a hazardous substance is treated, stored or disposed.

ddd) Waste acceptance criteria shall refer to a list of parameters
which describes the minimum characteristics which the waste should
possess before it may be placed or accepted in a TSDF.

CHAPTER II - Management System

SEC. 5. Identification and Listing of Hazardous Wastes — Within six (6)
months from the effectivity of this Act, the Department shall, after notice and
public consultation, develop, formulate and publish criteria for identifying and
listing the characteristics of hazardous wastes taking into account, but not be
limited to, toxicity, persistence, reactivity and degradability in nature, potential for
accumulation in tissue, and other related factors such as ignitability, corrosivity,
and other hazardous characteristics. Such criteria shall be reviewed and revised
every four (4) years thereafter, or as the need arises.

Provided, that the Department, in coordination with the Department of
Health (DOH) and Philippine Nuclear Research Institute (PNRI), shall also
identify or list those hazardous and radioactive wastes that contain certain
constituents such as identified carcinogens, mutagens, or teratogens that
endanger human health.

Provided, further, that the Department, in coordination with the
Department of National Defense (DND) and appropriate government agencies,
shall formulate criteria for identifying when military munitions become hazardous
and radioactive wastes. For purposes of this act, the term "military munitions"
includes chemical and conventional munitions.

Provided, finally, that within six (6) months from the effectivity of this Act,
the Department in coordination with the Department of Trade and Industry (DTI)
and the Department of Interior and Local Government (DILG), after public
consultation, shall formulate criteria for identifying and’ listing the categories of
special hazardous wastes products to be tracked and regulated taking into
account, but not be limited to, the presence of toxicity, reactivity, ignitability and
corrosivity.

SEC. 6. Notification of Hazardous and Radioactive Waste Activity — upon
the effectivity of this Act, any person generating or managing hazardous or
radioactive waste is required to notify in writing the Department, DOH and PNRI
of their hazardous or radioactive waste activities specifying, among others, the
types of waste, quantities and containers used for storage, including incidents
involving hazardous and radioactive wastes.

SEC. 7. National Hazardous and Radioactive waste Status Report - The
Department in coordination with the DOH, PNRI, and other concerned agencies,


shall within six (6) months after the formulation of the criteria for identifying and
listing of hazardous and radioactive wastes pursuant to section 6 hereof, prepare
a National Hazardous and Radioactive Waste Management Status Report which
shall be used as a basis in formulating the National Hazardous and Radioactive
waste Management Framework provided in Sec. 8 of this Act. The said report
shall include, but shall not be limited to, the following:

a) inventory of existing hazardous and radioactive wastes and their
depots and facilities;

b) general waste characterization, taking into account, but not be
limited to, the source, type and quantity of hazardous and radioactive
wastes generated;

¢) projection of hazardous and radioactive wastes generation
including quantity for reduction, recovery and reuse;

d) listing of treatment, storage and disposal facilities including
transporters of hazardous and radioactive wastes; and,

e) listing of identified contaminated sites.

SEC. 8. National Hazardous and Radioactive Waste Management
Framework — Within eighteen (18) months from the effectivity of this Act, the
Department, in coordination with the DOH, PNRI and other appropriate agencies
and entities, shall prepare and formulate a National Hazardous and Radioactive
Waste Management Framework, herein referred to as the Framework, that shall
embody policies established pursuant to this Act. Specifically, the Framework
shall contain the following:

a) hazardous and radioactive waste control strategies and
techniques;

b) proper hazardous and radioactive waste transport, treatment,
storage and disposal systems;

¢) waste reduction goals and targets;

d) period of compliance for waste reduction;

e) information and education campaign;

f) human resources development; and,

g) roles and responsibilities of relevant government agencies.

The framework shall be adopted as the official blueprint for hazardous and
radioactive waste management with which all relevant government agencies
must comply with.

SEC. 9. Use of best available technology and best environmental
practices in hazardous and radioactive waste management. - Generators and
owners of treatment, storage and disposal facilities are required to use best
available technologies and best environmental practices (BAT/BEP) in hazardous
and radioactive waste management. The Department, in coordination with the
Inter-Agency Technical Advisory Council (IATAC) created hereof, shall formulate
criteria in assessing the proposed BAT/BEP to be used. In the formulation of
these criteria, consideration shall be given, among others, to the relative
economic feasibility of the technology. Further, such technology shall render the
waste sufficiently low in toxicity, reactivity corrosivity and ignitability as to present
the least possible risk to human health and safety and to the environment.

SEC. 10. Requirements for Generators of Hazardous and Radioactive
Wastes - Within six (6) months after effectivity of this Act, the Department, DOH
and PNRI shall establish requirements for generators of such hazardous and
radioactive wastes necessary to protect human health and the environment.
These requirements shall ensure that the generators shall be responsible for the
proper management of the wastes generated and bear the costs for proper
storage, transport, treatment and disposal of such waste. Further, such
requirements shall include, but not be limited to, the following:


a. recordkeeping practices that accurately identify the quantities of
such hazardous and radioactive wastes generated, the constituent thereof
which are significant in quantity or in potential harm to human health or the
environment, and the disposition of such wastes;

b. use of appropriate storage facilities and containers to prevent
release of materials to the environment;

c. labeling practices for any containers used for the storage,
transport, or disposal of such hazardous and radioactive wastes as will
identify accurately such waste;

d. use of a manifest or consignment note system and any other
means necessary to assure that all hazardous and radioactive wastes
generated are designated for treatment, storage, or disposal in, and
arrived at TSDFs with appropriate permit issued pursuant to this Act;

e. Emergency and contingency. plans for effective action to
minimize damage and contain and mitigate effects of spills and accidents
in connection with the generation, transport, storage or disposal of such
wastes;

f. When it is necessary to transport the waste, the generators shall
only engage services of transporters and TSDFs holding permits issued
pursuant to this Act; and,

g. In the case of radioactive waste, the waste generator is required
to submit a certificate of transport from their Radiological Health and
Safety Officer (RHSO) for the transport of radioactive waste to the
treatment facility.

SEC. 11. Requirements Applicable to Transporters of Hazardous and
Radioactive Wastes — Within six (6) months after the effectivity of this Act, the
Department, in coordination with the DOH, PNRI, the Department Of
Transportation and Communication (DOTC) shall establish requirements
applicable to transporters of hazardous and radioactive wastes necessary to
protect human health and the environment. Such requirements shall include, but
need not be limited to the following:

a. recordkeeping concerning such waste transported, and their
source and delivery points;

b. use of carriers duly registered with the Department of
Transportation and Communication (DOTC);

c. transport of waste only if properly labeled;

d. transport of waste only to TSDF which the generator designates
in the manifest form to be a facility holding appropriate permit issued
pursuant to this Act;

@. emergency and contingency plans for effective action to
minimize damage and contain and mitigate effects of spills and accidents
in connection with the transport of such wastes;

f. coordination with other concerned government agencies in the
event that transport of such hazardous and radioactive wastes to
designated TSDF requires security escort or police protection/assistance.

SEC. 12. Requirements Applicable to Owners of Hazardous, and
Radioactive Waste Treatment, Storage, and Disposal Facilities — Within six (6)
months after the effectivity of this Act, the Department, in coordination with the
DOH and PNRI, shall establish requirements applicable to owners of TSDFs of
hazardous and radioactive wastes necessary to protect human health and the
environment: Provided, that the Department, DOH and PNRI shall, where
applicable, distinguish requirements appropriate for new and existing facilities at
the time of effectivity of this Act. Such requirements shalll include, but need not
be limited to the following:


a. Performance Standard for the design, construction, operation,
maintenance and monitoring of the facility.

b. Requirements and Standard to ensure adequate resources,
including human and financial, throughout the life cycle of the facility.

c. Requirements and Standards for the closure, decommissioning
and post closure care, monitoring and maintenance and use of the facility

d. Waste acceptance requirements and procedures, approved by
the Department, DOH and PNRI, for different types of hazardous and
radioactive waste packages.

e. Management, engineering controls and use of personnel
protective equipment to minimize exposure of workers to the hazardous
wastes and medical surveillance of workers directly involve in the
collection, transport, storage or disposal of hazardous wastes.

SEC. 13. Categories of TSDFs for Hazardous Wastes and Radioactive
Wastes - Within six (6) months after the effectivity of this Act, the Department
shall formulate specific, relevant and appropriate standards, including waste
acceptance criteria, for the various categories of TSDFs identified hereunder:
Provided, that no waste shall be accepted unless it complies with the waste
acceptance criteria formulated pursuant to this act: Provided, further that the
Department shall revise, as the need arises, the regulations, standards and
guidelines applicable to the categories listed hereunder taking into account
improvements in the technology of control and measurement: Provided, also that
such regulations shall specify criteria for the acceptable location of new and
existing TSDFs as necessary to protect human health and the environment.

The categories of TSDFs are as follows:

(A) Facilities that conduct on-site storage, treatment and disposal of
hazardous waste generated or produced at the premises through
industrial or commercial processes and activities other than disposal via
sewer.

The Department shall encourage on-site treatment of hazardous
wastes by, among others, providing for incentives: Provided, that,
generators who undertake partial treatment of waste shall not be
considered as on-site facility operators for purposes of this category:
Provided, however, that mining operations shall fall under this category.

(B) Commercial or industrial hazardous waste thermal treatment
facilities. TSDFs in this category are facilities that conduct on-site and off-
site thermal. treatment: Provided, also, that the Department shall
promulgate regulations on hazardous wastes used as fuel and raw
material: Provided, further, that the Department may also exempt from the
requirements hereof facilities which burn de minimis quantities of
hazardous wastes as fuel, as defined by the Department, if (i) the wastes
are burned at the same facility at which such wastes are generated; (ii) the
waste is burned to recover useful energy, as determined by the
Department on the basis of the design and operating characteristics of the
facility and the heating value and other characteristics of the waste; and (iii
) the waste is burned in a type of device determined by the Department to
be designed and operated at a destruction and removal efficiency
sufficient such that protection of human health and environment is
assured.

(C) Landfills that accept hazardous waste for disposal.

The Department shall, after due review and public consultation,
promulgate regulations concerning the prohibition of specified hazardous
wastes in landfills: Provided, That the placement of such specified
hazardous wastes in landfills may be allowed upon determination by the
Department that the prohibition for disposal of such waste in landfills is not


required in order to protect human health and the environment for as long
as the waste remains hazardous, taking into account the following factors:

(1) the long-term uncertainties associated with land disposal;

(2) the goal of managing hazardous waste in an appropriate
manner in the first instance; and,

(3) the persistence, toxicity, mobility, and propensity to
bioaccumulate of such hazardous wastes and their hazardous
constituents.

For this purpose, disposal of hazardous waste in landfills is deemed
to be protective of human health and the environment if it is determined
that there will be no migration of hazardous constituents of the waste from
the disposal unit or injection zone. Provided, however, that the disposal of
any liquids in landfills shall be prohibited.

Provided, also that the disposal in landfills of wastes containing
hazardous solvents, pesticides and polycyclic hydrocarbons such as,
among others, furans and dioxins, as determined by the Department, after
public consultation, are prohibited unless the Department determines the
prohibition of the disposal of such waste is not required in order to protect
human health and the environment for as long as the waste remains
hazardous, taking into account the factors referred to in subparagraphs (1)
to (3) of this category.

Within six (6) months from the preparation of the status report, the
Department shall review, classify and rank, subject to public consultations,
all hazardous wastes listed pursuant to this act other than those wastes
which are referred to in paragraph 3 of this category or deep injection
wells. Within twelve months (12) thereafter, the Department, when
necessary, shall promulgate regulations prohibiting disposal in landfills of
such hazardous wastes listed and ranked: Provided, that the Department
shall promptly publish in a newspaper of general circulation notice of such
determination, together with an explanation of the basis for such
determination.

Provided, finally, that the storage of waste in landfills is hereby
prohibited.

(D) Facilities that recycle or reprocess hazardous waste which are
not generated or produced at the premises.

The Department, in coordination with DOST, shall promulgate
standards for this category of TSDF. Facilities in this category are those
that receive off-site treatment of hazardous waste and recover valuable
materials from the hazardous wastes, use hazardous waste as input
materials or fuel for production, or produce compost by biological
treatment of hazardous waste. It also includes, but are not limited to,
reclaimers of spent lead-acid batteries, precious metals, and oil recyclers.

(E) Other off-site treatment facilities. Facilities in this category are
those facilities that receive hazardous waste outside the premises and
transform physical and/or chemical characteristics of the hazardous waste
by physicochemical or thermal treatment other than incineration or in order
to dispose of them into iandfills.

(F) Facilities that store hazardous wastes which are not generated
or produced at the premises within allowable period.

The storage of any hazardous waste is prohibited, unless such
storage is solely for the purpose of the accumulation of such quantities of
hazardous wastes as are necessary to facilitate proper recovery,
treatment or disposal but shall not be longer than is prescribed by the
Department.

(G) Other land disposal facilities. Facilities under this category shall
include, among others, deep injection wells, borehole facilities, near



surface facilities, mined cavities, surface impoundments, land treatment
units/land farming and abandoned underground mines.

SEC. 14. Closure plan. — The owner of TSDFs shall submit a closure plan,
including the funds necessary for the same, subject to the review and approval of
the Department.

SEC. 15. Post-closure of facility. - The owner of a TSDF must close the
facility upon termination of its operation, and shall, after such closure, provide for
protection during a post-closure care period, in accordance with the requirements
of the Department and the closure plan, including the funds necessary for same.
The protection shall include, but not be limited to, monitoring and maintenance.
The owner shall maintain a hazardous waste facility permit for the post-closure
care period pursuant to chapter VI hereof.

SEC. 16. Environmental Impact Statement (EIS) System - Prior to the
establishment of TSDFs, all government agencies and private corporations, firms
and entities who intend to set up TSDFs shall be subject to environmental impact
statement (EIS) system pursuant to the provisions of P.D. 1586 and its
implementing rules and regulations.

SEC. 17. Formulation of Soil Quality Standards for Identification of
Contaminated Sites. - Within six [6] months from the effectivity of this act, the
Department, in coordination with other relevant government agencies, shall
formulate soil quality standards which shall be used to determine contaminated
sites.

SEC. 18. Registry of Contaminated Sites. - The Department shall maintain
a registry of confirmed contaminated sites in the country based on the soil quality
standards set pursuant to Section 17 hereof: Provided, that the Department shall
take all necessary action to insure that the registry provides a complete listing of
all such sites, their exact location, and the types of waste found at each site:
Provided, further, that in developing and maintaining the registry, the Department
shall assess, based upon new information received, the relative priority of the
need for action at each site to remedy environmental and health problems
resulting from the presence of hazardous and radioactive wastes at such sites:
Provided, finally, that any site classified as properly closed or remediated where
no evidence of present or potential adverse impact exists shall be deleted from
the registry.

SEC. 19. Import and Export of Hazardous and Radioactive Wastes. - The
Department and PNRI shall promulgate rules and regulations on the import and
export of hazardous and radioactive wastes in accordance with relevant
international treaties and agreements.

SEC. 20. Market-Based Instruments, Responsible Care and Product
Stewardship Program. — Within six [6] months from the effectivity of this Act, the
Department in coordination with the manufacturers of commercial or industrial
products shall identify and implement market-based instruments, extended
producer responsibility, responsible care, products stewardship programs that
shall promote cleaner production, waste minimization and resource recovery.
Provided, that, the Department shall identify and list products that shall be
covered by such programs.

CHAPTER III - Radioactive Wastes


SEC. 21. Listing of Radioactive Wastes - Within six (6) months from the
effectivity of this Act, the DOST/PNRI, in coordination with the Department, after
public consultation, shall formulate and publish the criteria for identifying and
listing the types of radioactive wastes to be monitored and regulated.

SEC. 22. Classification of Radioactive Wastes. - For purposes of this Act,
radioactive wastes are classified as follows:

(A) Exempt wastes (EW) are radioactive wastes with activity level
at or below clearance levels set by the PNRI which are based on an
annual dose to members of the public set by the PNRI;

(B) Low and intermediate wastes (LILW) are radioactive waste with
activity or concentration level above the clearance levels set by the PNRI.
LLIW may be a short lived waste or a long lived waste. A short lived waste
(LILW-SL) is a waste containing radionuclides with half-lives below or
equal to the limits set by the PNRI. It may contain long lived radionuclides
but with activity level not exceeding the limit set by the PNRI. Long lived
wastes (LILW-LL) are wastes containing radionuclides with long half-lives
and with activity exceeding the short lived waste limits set by the PNRI;
and,

(C) High level waste (HLW) is radioactive waste with activity or
concentration level exceeding the limits for low and intermediate waste set
by the PNRI.

SEC. 23. Management of Radioactive Wastes. - Pursuant to Sections 10,
14, and 12 hereof, the PNRI shall promulgate rules and regulations on
radioactive waste management. Said rules and regulations shall be based on the
best available technique to limit the outflow of radioactive substances to the
environment, taking into account the benefits as well as the cost of the
measures. The measures shall be both technically and economically feasible.
Provided, also, that said rules and regulations may be based on, but not be
limited to, the following methods of managing radioactive waste:

(A) Dilute and disperse — radioactive waste with activity level that
can be disposed of as ordinary waste into the sewage, municipal landfills
etc.

(B) Delay and decay — short lived radionuclides by storing under
well controlled conditions until the radioactivity has decayed to a level
which meets the established exemption or clearance limits for such waste.

(C) Characterization, segregation, treatment, conditioning,
transport, storage, disposal — Methods for managing radioactive waste
containing long lived radio nuclides, including disused sealed sources, and
other wastes that cannot be managed under subsections (a) and (b) of
this section.

Provided, that the acceptable storage period for conditioned wastes
prior to the establishment of a final disposal repository shall be for a
maximum period of fifty (50) years.

SEC. 24. Guidelines for the Acceptance of Radioactive Wastes by
Transporters and TSDFs. - Within six (6) months after the effectivity of this act,
the PNRI shall formulate specific, relevant and appropriate waste acceptance
criteria for transporters and TSDFs of radioactive wastes: Provided, that no
radioactive waste shall be accepted unless it complies with the waste acceptance
criteria formulated pursuant hereof.

SEC. 25. Site Requirements and Selection Criteria. - The PNRI shall
develop and promulgate generic site requirements for locating a final repository
for radioactive wastes.


SEC. 26. Safety Assessment and Environmental Impact Assessment. -
The PNRI shall develop and promulgate criteria and regulations on the
performance requirements and safety assessment of TSDF. Provided, that the
safety assessment shall, among others, address both radiological and non-
radiological risks. Provided, also, that non-radiological environmental impact
assessment shalll be carried out in accordance with relevant environmental laws.

SEC. 27. Emergency Preparedness. - The PNRI shall promulgate
requirements and guidance on the formulation of emergency plan commensurate
to the seriousness of the accidents that could occur at the TSDFs.

SEC. 28. Security. - The PNRI shall promulgate guidelines on security
arrangements that should be in place to ensure that radioactive waste is not
accidentally or deliberately removed from their proper location without location.
Particular attention shall be given to materials of intrinsic value that could pose a
serious threat to human health and the environment if control were lost.

CHAPTER IV — Hazardous Healthcare Waste

SEC. 29. Listing of Hazardous Healthcare Waste - Within six (6) months
from the effectivity of this Act, the DOH in coordination with the Department and
the Department of Interior and Local Government (DILG), after public
consultation, shall formulate criteria for identifying and listing the categories of
hazardous healthcare waste to be tracked and regulated. In the formulation of
‘such criteria, the DOH shall take into account, but not be limited to, presence of
infectious agents, toxicity, reactivity, ignitability and corrosivity.

SEC. 30. Management of Hazardous Healthcare Wastes in Hospitals and
other Healthcare Facilities. - Pursuant to Sections. 10, 11 & 12 hereof, the DOH
shall promulgate rules and regulations on the effective management of
hazardous healthcare wastes in hospitals and other health care facilities. Such
rules and regulations shall include, but not be limited to, the following:

A) Hospitals and other health care facilities shall practice or
implement waste minimization and segregation.

B) Segregation at source shall be the responsibility of the waste
generator.

C) Appropriate storage receptacles or bins shall be provided for
each healthcare waste category.

D) Labeling of receptacle per waste category shall likewise be
implemented for identification of waste and management measures in
case of accidents.

E) All hazardous healthcare wastes shall be collected and stored in
designated on-site storage area until transported to a TSDF.

F) Treatment of hazardous healthcare waste on-site shall be done
through appropriate treatment methods.

G) Upon the approval of the Department, health care facilities with
capacity to manage hazardous healthcare waste on-site may also treat for
a fee the hazardous healthcare waste generated by other healthcare
facilities. Provided, that in case of treatment of radioactive healthcare
waste, approval of the PNRI shall be secured.

H) For hazardous healthcare liquid waste, all healthcare facilities
shall provide wastewater treatment facilities and comply with the effluent
standards set by DENR. Treatment and disposal of sludge shall conform
to the provisions of this Act.

1) To ensure proper management of hazardous healthcare waste, a
committee on hazardous healthcare waste management may be created
in all healthcare facilities: Provided, that in all Primary Care Hospitals,


Secondary Care Hospitals and Tertiary Care Hospitals the creation of a
committee on hazardous healthcare waste management shall be
mandatory. The committee shall also develop an emergency plan to
ensure an immediate and appropriate action once an emergency occurs.
For other health care establishments, a hazardous healthcare waste
management officer shall be designated.

CHAPTER V - Special Hazardous Wastes

SEC. 31. Collection of Special Hazardous Wastes. - Local Government
Units (LGUs) shall be responsible for the collection of special hazardous wastes
from persons, households and commercial establishment in accordance with
Republic Act No. 9003. Provided, that the LGUs may enter into agreement with
entities duly accredited by the Department for the collection of special hazardous
wastes.

SEC. 32. Responsible Care Program for Special Hazardous Wastes. - The
LGUs shall enact appropriate ordinances implementing responsible care,
extended producer responsibility or product stewardship program, that shall
include, but not be limited to, take back or return to supplier schemes, that shall
promote cleaner production, waste minimization and resource recovery.

SEC. 33. Transport, Treatment, Storage and Disposal of Special
Hazardous Wastes. - Upon collection of hazardous special wastes by LGUs
pursuant to Sec. 31 hereof, the transport, treatment, storage and disposal of
special hazardous waste shall be regulated in accordance with this Act.

CHAPTER VI - Institutional Mechanism

SEC. 34. Lead Agency. - The Department shall be the primary
government agency responsible for the implementation and enforcement of this
Act, including in PEZA areas, special economic zones and free ports, unless
otherwise provided herein. As such, it shall have the following functions, powers
and responsibilities:

(A) prepare a National Hazardous and Radioactive Wastes Report;

(B) prepare a National Hazardous and Radioactive Wastes
Management Framework;

(C) develop and promulgate criteria for identifying and listing the
characteristics of hazardous and radioactive wastes;

(D) establish, enforce, review and revise standards for generators
of hazardous and radioactive wastes;

(E) establish, enforce, review and revise standards for transporters
of hazardous and radioactive wastes;

(F) establish, enforce, review and revise standards applicable to
owners and operators of facilities for the treatment, storage and disposal
of hazardous and radioactive wastes ;

(G) exercise jurisdiction over all aspects of generation, possession,
collection, destruction, recovery, use, storage, transportation, entry into,
even in transit, treatment and disposal of hazardous and wastes;

(H) evaluate applications for and issue permits and licenses
pursuant to this Act:

(I) revoke, modify or deny in accordance with the standards, rules
and regulations, hazardous waste transporter licenses, TSDFs permits
and other permits/licenses issued in accordance with this Act;

(J) establish a cooperative effort among the national government,
LGUs, academic institutions, civil society and the private sector to attain
the objectives of this Act;


(K) develop and implement programs to achieve goals and
objectives set under this Act;

(L) accept, receive and administer grants or other funds or gifts
from public and private agencies for the purpose of carrying out the
provisions of this Act. Funds received by the Department pursuant to this
section shall accrue to the Hazardous and Radioactive Waste
Management Fund;

(M) secure necessary scientific, technical, including laboratory
facilities, by contract or otherwise;

(N) encourage, coordinate, participate in or conduct studies,
investigations, research and technical demonstrations relating to
hazardous and radioactive waste management as it may deem advisable
and necessary for the discharge of its duties pursuant to this Act;

(O) encourage waste reduction, resource recovery, exchange and
energy conservation in hazardous and radioactive waste management;

(P) oversee any corrective action work undertaken pursuant to
rules and regulations issued in accordance with this Act;

(Q) formulate and undertake appropriate protocol with other
concerned agencies for immediate coordinated responses to hazardous
and radioactive waste-related emergency incidents;

(R) issue order against any person or entity and impose fines,
penalties and other administrative sanctions to compel compliance with
the provisions hereof, standards, rules and regulations issued pursuant to
this Act; and,

(S) exercise such powers and perform such other functions as may
be necessary to carry out the objectives of this Act.

SEC. 35. Role of the DOH. - The DOH shall be primarily responsible in
performing the following duties and responsibilities:

(A) Develop, promulgate and publish criteria in identifying and
listing the categories of hazardous healthcare wastes to be monitored and
regulated;

(B) Develop and promulgate rules and regulations on the effective
management of hazardous healthcare wastes in hospitals and other
health care facilities; and,

(C) Exercise such powers and perform such other functions as may
be necessary to carry out the provisions of this Act.

SEC. 36. Role of the PNRI. — The PNRI shall be primarily responsible in
performing the following duties and responsibilities:

(A) Develop and promulgate regulations establishing a program for
the monitoring of the radioactive waste listed pursuant to this Act;

(B) Develop, promulgate and publish criteria for identifying and
listing the types of radioactive wastes to be monitored and regulated;

(C) Develop and promulgate rules and regulations on the
radioactive waste management pursuant to section 23 hereof;

(D) Formulate specific, relevant and appropriate waste acceptance
criteria for transporters and TSDFs of radioactive wastes pursuant to
section 24 hereof;

(E) exercise jurisdiction over all aspects of generation, possession,
collection, recovery, transport, entry, even in transit, into Philippine
territory, treatment, storage and disposal of radioactive wastes; and

(F) Exercise such powers and perform such other functions as may
be necessary to carry out the provisions of this Act.

SEC. 37. Role of Local Government Units. - Local government units shall
have the following duties and responsibilities:


(A) Share the responsibility for the implementation, enforcement
and monitoring of the provisions of this Act within their territorial
jurisdictions such as registration and compliance monitoring of generators,
transports and TSDFs.;

(B) Prepare a compliance scheme in accordance with their special
hazardous waste management program;

(C) Segregation and collection of special hazardous waste;

(D) Emergency preparedness and response; and,

(E) Participate in all efforts concerning hazardous and radioactive
wastes management.

SEC. 38. Interagency Technical Advisory Council (IATAC). - For purposes
of policy integration and harmonization and coordination of functions, there is
hereby created an inter-agency technical advisory council attached to the
Department which shall be composed of the following officials or their duly
authorized representatives:

Secretary of Environment and Natural Resources, as Chairperson

Secretary of Health, as Co-Chairperson

Secretary of Science and Technology, as Co-Chairperson

Secretary of Agriculture, as Member

Secretary of Finance

Secretary of Trade and Industry

Secretary of National Defense

Secretary of Foreign Affairs

Secretary of Transportation and Communication

League of Cities

League of Municipalities

League of Provinces

League of Barangays

Director General of the Philippine Export Zone Authority

Representative from Civil Society

Representative from the Industry

Representative from TSDF operators

Representative from the Academe

The IATAC shall be the have the following functions, among others:

(A) Formulate criteria in assessing the proposed BAT/BEP to be
used in accordance with section 9 hereof; and,

(B) Constitute and authorize a multidisciplinary body to conduct
annual audit to determine compliance of TSDF operators with the terms
and conditions in the permits and licenses issued pursuant to this Act.

SEC. 39. IATAC Technical Working Group. - The IATAC shall be
supported by a Technical Working Group (TWG) which shall be composed of
representatives of the following:

Environmental Management Bureau (EMB) of the Department

Environmental and Occupational Health Office of the DOH

Philippine Nuclear Research Institute of the DOST

Industrial Technology Development Institute of the DOST

Bureau of Soil and Water Management of the Department of

Agriculture (DA)

Food and Pesticide Authority of the DA

Bureau of Customs of the Department of Finance

Bureau of International Trade Relations of DTI

Board of Investments of the DTI

Bureau of Import Services of the DTI

Department of National Defense

Land Transportation Office of the DOTC


Occupational Health and Safety Center of the Department of Labor
and Employment

Philippine Coast Guard

NGOs

Industry

Academe

The TWG shall provide technical support to the IATAC.

SEC. 40. Linkage Mechanism. - The Department and its concerned
agencies may coordinate and enter into agreement with other government
agencies, civil society, industrial sector and other concerned sectors in the
furtherance of the policies of this Act. Provided, that the Department shall
coordinate with the Department of Interior and Local Government and the
Philippine National Police in the enforcement of the requirements for transporters
issued pursuant to this Act

SEC. 41. Visitorial Powers — The Department, PNRI and DOH or its duly
authorized representative shall have access to, and the right to copy therefrom,
the records required to be maintained pursuant to the provisions of this Act. The
Secretary of the Department and DOH and director of PNRI or their authorized
representatives shall likewise have the right to enter the premises of any
generator, transporter, or TSDF any time to question any employee or investigate
any fact, condition or matter which may be necessary to determine any violation,
or which may aid in the effective enforcement of this Act and its implementing
rules and regulations. This section shall not apply to private dwelling places
unless the visitorial power is otherwise judicially authorized.

CHAPTER VII - Permits and Fees

SEC. 42. Permits for Treatment, Storage, or Disposal of Hazardous and
Radioactive Wastes — (A) Any person owning an existing or a new TSDF of
hazardous or radioactive wastes identified or listed pursuant to this Act is
required to secure a permit or license pursuant to this section. The Department
and PNRI shall prescribe reasonable fees for the issuance of said permit or
license.

(B) Duration of permit - Any permit under this section shall be
issued annually during the first three (3) years of operation as TSDF.
Thereafter, the Department and PNRI may issue a permit license which is
valid for five (5) years to TSDF who has satisfactorily complied with the
tules and regulations issued pursuant to this Act for the three (3)
consecutive years: Provided, that an annual audit shall be conducted by a
multidisciplinary body constituted and authorized by the IATAC created
pursuant hereof.

(C) Permit modification, suspension and revocation — The
Department and PNRI shall modify, suspend and revoke such permit upon
a determination of noncompliance by a TSDF with the relevant provisions
of this Act or the terms and conditions of the permit.

(D) Interim status — Any person who owns a TSDF in existence
prior to this Act which is required to have a permit under this section shall
be treated as having been issued such permit for a period of twelve (12)
months after the effectivity of this Act. Provided, that the required
application for TSDF permit or license shall have been filed within the said
twelve (12) month period. Provided, further that this paragraph shall not
apply to any facility which has been previously denied a TSDF permit or
license or if authority to operate the facility has been previously
terminated.


SEC. 43. Hazardous and Radioactive Waste Transporter License. — (A)
Any person transporting any hazardous and radioactive waste is required to
secure a waste transporter license from the Department subject to payment of
reasonable fee.

(B) Duration of license — A waste transporter license issued under
this section shall be valid for a period of one (1) year.

(C) License modification, suspension and revocation — The
Department and PNRI shall modify, suspend and revoke such license
upon a determination of noncompliance by a transporter with the relevant
provisions of this Act or the terms and conditions of the permit.

A license is not required for the transport of any hazardous or
radioactive waste on the premises where it is generated or onto a property
owned by the generator thereof located within a one (1) km. radius from
said premises or within the same industrial estate. Provided, that the
Department is notified in writing prior to the transfer and a week after the
transfer has been completed. Nothing in this section shall be interpreted to
preclude the Department and the PNRI from inspecting unlicensed
hazardous waste transporting equipment and to require that it be
adequate to provide protection for the health of humans and the
environment.

SEC. 44. Hazardous Waste Disposal Fee. - All hazardous waste disposal
facility shall collect, on behalf of the government, from each hazardous waste
generator or transporter disposing such waste at the disposal site, a fee that shall
accrue to the hazardous waste management fund. The fee shall be established
by the Department taking into consideration the following:

i. To provide strong economic inducement for generators to modify
their production or management processes;

li.To cover the .cost of administering hazardous and radioactive
waste management;

iii Reflect damages caused by hazardous and radioactive waste on
the surrounding environment, including the cost of rehabilitation;

iv Category of waste; and,

v. Classification of waste.

The fee, which shall be established after due public consultation,
shall be based on the quantity of waste disposed.

SEC. 45. Prohibition against the Use of Open and Controlled Dumps for
Hazardous, Special Hazardous and Radioactive Wastes. - No open and
controlled dumps shall be established and operated nor any practice or disposal
of hazardous, special hazardous and radioactive wastes by any person, including
LGUs, which constitutes the use of open and controlled dumps for such wastes,
be allowed after the effectivity of this Act.

SEC. 46. Performance Bond. - Prior to issuance of the required permit to
operate, the Department shall require transporters, owners of treatment/storage
facilities to post performance bond. The performance bond shall be forfeited in
the event of abandonment of sites and/or non-performance of post-closure
requirements issued pursuant to Sec. 15 hereof. Provided, that this provision
shall not apply to State-owned treatment/storage facilities and to recyclers
identified and listed as such pursuant to this Act.

CHAPTER VIII-- Financing Hazardous Waste Management
Sec. 47. Hazardous and Radioactive Waste Management Fund. - There is

hereby created a Hazardous and radioactive Waste Management Fund which
shall be constituted from the following sources:


(A) Fifty million pesos (P50,000,000.00) from the net income of the
Philippine Amusement and Gaming Corporation (PAGCOR) after
deducting the taxes and income share of the national government, which
shall be remitted by PAGCOR directly to the Department in two (2) equal
tranches for a period of two (2) years from effectivity of this Act;

(B) Fines and penalties imposed, fees, proceeds of permits ,
licenses issued by the Department, DOH and PNRI under this Act,
donations, endowments, grants and contributions from domestic and
foreign sources; and

(C) Amounts specifically appropriated for the Hazardous and
radioactive Waste Management Fund under the annual General
Appropriations Act.

The Fund shall be used to finance the following:

(A) products, facilities, technologies and processes to enhance
proper hazardous and radioactive waste management;

(B) awards and incentives;

(C) research program;

(D) information, education, communication and monitoring
activities;

(E) technical assistance; and

(F) capacity and capability building activities.

The DOH and the PNRI shall have a share in the Fund in
connection with the management of hazardous healthcare and radioactive
wastes in accordance with this Act. Specific criteria for the availment of
the Fund shall be prepared by the Department.

In no case, however, shall the Fund be used for the creation of
positions or payment of salaries and wages.

SEC. 48. Financial Liability for Environmental Rehabilitation. - the
Department shall require generators and owners of TSDFs to put up
Environmental Guarantee Fund (EGF) as part of the Environmental Management
Plan attached to the Environmental Compliance Certificate (ECC) pursuant to
Presidential Decree No. 1586 and its Implementing Rules and Regulations. The
EGF shall finance the needs of emergency response, clean up or rehabilitation of
areas that may be damaged during the generation, transport, treatment, storage
or disposal of hazardous and radioactive wastes. Liability for damages shall
continue even after the termination of the project and, until the lapse of a given
period indicated in the ECC, as determined by the Department.

The EGF may be in the form of a trust fund, environmental insurance,
surety bonds, letters of credit, self-insurance, and any other instrument which
may be identified by the Department. The choice of the guarantee instrument or
combinations thereof shall depend, among others, on the assessment of the risks
involved. Proponents required to put up guarantee instruments shall furnish the
Department with evidence of availment of such instruments.

CHAPTER IX —- INCENTIVES

SEC. 49 Rewards. - Rewards, monetary or otherwise, shall be provided to
individuals, private organizations and entities, including non-government
organizations that have undertaken outstanding and innovative projects,
technologies, processes and techniques or activities in hazardous and
radioactive wastes management. Said rewards shall be sourced from the
Hazardous and Radioactive Wastes Management Fund herein created.

SEC. 50. Incentives Scheme. - An incentive scheme is hereby provided
for the purpose of encouraging enterprises, private entities, LGUs and NGOs to


develop or undertake an effective hazardous and radioactive waste
management, or actively participate in any program geared towards the
promotion thereof, consistent with the objectives of this Act.

(A) Tax and Duty Exemption on Imported Capital Equipment and
Vehicles — Within ten (10) years upon the effectivity of this Act,
enterprises, private entities, LGUs, and NGOs shall enjoy tax and duty-
free importation of machinery, equipment, vehicles and spare parts used
for transport, processing, storage and treatment of hazardous and
radioactive wastes including cleaner production and waste minimization
technologies: Provided, that the importation of such machinery,
equipment, technology, vehicle and spare parts shall comply with the
following conditions:

(i) They are not manufactured domestically in sufficient
quantity, of comparable quality and at reasonable prices;

(ii) They are reasonably needed and will be used actually,
directly and exclusively for the above mentioned activities; and,

(iii) The approval of the Board of Investment (BOI) of the DTI
for the importation of such machinery, equipment, vehicle and
spare parts.

Provided, further, that the sale, transfer or disposition of such
machinery, equipment, technology, vehicle and spare parts, without prior
approval of the BOI, within five (5) years from the date of acquisition shall
be prohibited, otherwise, the enterprise, private entity, LGU or NGO
concerned and the buyer, transferee or assignee shall be solidarily liable
to pay twice the amount of tax and duty exemption given it.

(B) Tax Credit on Domestic Capital Equipment - Within ten (10)
years from the effectivity of this Act, a tax credit equivalent to 50% of the
value of the national nternal revenue taxes and customs duties that would
have been waived on the machinery, equipment, technology, vehicle and
spare parts, had these items been imported shall be given to enterprises,
private entities, LGUs and NGOs subject to the same conditions and
prohibition cited in the preceding paragraph.

(C) Tax Exemption of Donations, Legacies and Gilt - All legacies,
gifts and donations to enterprises or private entities, LGUs, and NGOs, for
the support and maintenance of the program for effective hazardous and
radioactive waste management shall be exempt from donor's tax and shall
be deductible in full from the gross income of the donor for income tax
purposes.

(D) Financial Assistance Program - Government financial
institutions such as the Development Bank of the Philippines (DBP),
Landbank of the Philippines (LBP), Government Service Insurance
System (GSIS), and such other government institutions providing financial
services shall, in accordance with and to the extent allowed by the
enabling provisions of their respective charters or applicable laws, accord
high priority to extend financial services to individuals, enterprises, or
private entities engaged in hazardous, radioactive, medical and hazardous
special waste management.

(E) Extension of Grants to LGUs. — Cities or municipalities whose
special hazardous waste management programs have been duly
accredited by the Department or have adopted innovative waste
management programs may be entitled to receive grants for the purpose
of developing their technical capacities toward actively participating in the
program for effective and sustainable waste management.

(F) Incentives to Host LGUs. — Local government units who host
common hazardous and radioactive waste management facilities shall be
entitled to incentives.


(G) Tax Exemption on Hazardous waste materials generated within
and exiting from PEZA areas and other special Ecozones. - Hazardous
waste materials generated within and exiting from PEZA areas, free ports
and other special Ecozones intended solely for recycling or treatment and
disposal shall enjoy tax and duty-free importation. Provided, that said
recyclable waste materials are identified and listed in accordance with
Section 20 of this Act.

CHAPTER X - Civil Liability and Penal Provisions

SEC. 51 Generator’s liabi - The generator is primarily responsible for
the management of hazardous and radioactive waste until said waste has been
certified as properly treated or disposed by duly accredited TSDFs. Provided,
that wastes that are xported outside of the country and treated and disposed in
accordance with international agreements, the TSDFs ii the country of
destination shall issue the certificate of treatment and disposal. All other
environmental service providers involved in the transport, treatment, storage and
disposal of said waste shall be jointly and severally liable with the generator in
the event of any adverse environmental impacts due to the improper
management of the waste.

Sec. 52. Prohibited Acts. - The following acts are prohibited:

1) Discarding, throwing or dumping of hazardous or radioactive wastes,
listed pursuant to this Act in public places, such as roads, sidewalks, canals,
esteros, parks, establishments and municipal solid waste facilities, or causing or
permitting the same;

2)Undertaking activities involving the collection or transport of hazardous
or radioactive waste in violation of the standards and other requirements or
permits set forth in this Act;

3) Causing or permitting the collection of non-segregated or unsorted
hazardous waste;

4) Operating TSDFs without permits issued pursuant to this Act;

5) Transporting hazardous or radioactive waste without the required
permit or license pursuant to this Act;

6) The mixing of source-separated recyclable material with other
hazardous waste in any vehicle, box, container or receptacle used in hazardous
or radioactive waste collection or disposal;

7) Disposal of hazardous or radioactive wastes in open and controlled
dumps as enjoined in this Act, or causing and permitting the same;

8) Transporting and dumping of collected hazardous or radioactive wastes
in areas other than facilities prescribed under this Act;

9) Open burning of hazardous or radioactive hazardous wastes;

10) Transporting any hazardous or radioactive wastes to a TSDF which is
not authorized to receive such waste pursuant to this Act;

11) Treating, storing of disposing of any hazardous or radioactive waste
either: (a) without permit or license to do so pursuant hereof; or (b) in knowing
violation of any material condition or requirement of such permit or license; or (c)
in violation of any standards promulgated pursuant to this Act;

12) Making any false material statement, representation or certification in
any application, label, permit, record, report, manifest or other document filed,
maintained, or required to be maintained under this Act;

13) Falsifying, tampering with, or rendering inaccurate any monitoring
device or result therefrom used, filed, maintained, or required to be maintained
under this Act;

14) Generating, treating, storing, transporting, disposing of or handling any
hazardous or radioactive wastes, and who in connection therewith knowingly


destroying, altering or concealing any record required to be maintained pursuant
to this Act;

45) Owning, maintaining or operating any hazardous or radioactive waste
disposal facility in a manner which permits any acts or hazardous waste
management practices in violation of standards or rules and regulations issued
pursuant to this Act;

16) Failing to notify the Department, DOH and PNRI of hazardous or
radioactive waste activities pursuant to section 6 hereof;

17) Importing or causing or permitting the entry, even in transit, into
Philippine territory in violation of the provisions of this act and its implementing
rules and regulations and relevant international agreements and protocols;

18) Constructing, substantially altering or operating, including all post-
closure activities and operations specified in the rules and regulations, a
hazardous or radioactive waste TSDF without first obtaining a permit as specified
in this Act; and,

149) Site preparation, construction, expansion or operation of TSDFs
without an Environmental Compliance Certificate required pursuant to
Presidential Decree No. 1586 and this Act.

For purposes of this provision, the term “hazardous waste” shall include
special hazardous and healthcare waste.

SEC. 53. Fines, Damages and Penalties. - Unless otherwise provided
herein, any person who commits any of the prohibited acts provided in the
immediately preceding Section or violates any of the provision of this Act or its
implementing rules and regulations, shall be fined by the Pollution Adjudication
Board (PAB) in the amount not less than ten thousand (P10,000.00) but not more
than one hundred thousand pesos (P100,000.00) for every violation. Provided,
that for violation of Section 52 involving prohibited act no. 1, 7, 8, 11, 15, 18 and
19, the fine shall be imposed for every day of violation.

For purposes of the application of the fines, the PAB, within one (1) year
upon the effectivity of this Act, shall establish a fine rating system to adjust the
maximum fine based on the violator’s ability to pay, degree of willfulness, degree
of negligence, degree of severity of the offense, history of non-compliance and
degree of recalcitrance.

The fines herein prescribed shall be reviewed and revised, whenever necessary,
every three (3) years to compensate for inflation and to maintain the deterrent
function of such fines.

Provided, that the PAB may order the closure, suspension of development
or construction, or cessation of operations until such time that proper
environmental safeguards are put in place and/or compliance with the Act or its
rules and regulations are undertaken. This paragraph shall be without prejudice
to the issuance of an ex parte order for such closure, suspension of development
or construction, or cessation of operations during the pendency of the case.

Provided, further, that if the prohibited act undertaken shall require clean-
up and rehabilitation, the offender shall also be required to restore or
compensate for the restoration of the area. The PAB may also award such
damages as it may deem just under the circumstances in favor of the private
complainant in the case.

In case of gross violation of this Act, the PAB shall issue a resolution
recommending that the proper government agencies file criminal charges against
the violators. Gross violation shall mean any of the following:

a) Deliberate disposal of hazardous or radioactive waste without
the required permit issued pursuant to this Act;

b) three (3) or more violations referred to in items 1, 4, 5, 7, 11, 12
and 13 of sec. 52 hereof within a period of two (2) years; or

c) blatant disregard of the orders of the PAB, such as the non-
payment of fines, breaking of seals, or operation of the source of pollution


despite the existence of an order for closure, discontinuance or cessation
of operation, or unjustified refusal for the entry or access to any premises
of an authorized Department representative.

In which case, offenders shall be punished a fine of not less than
one hundred thousand pesos (P100,000.00) but not more than three
million pesos (P3,000,000.00) and/or with imprisonment of not less than
three (3) years but not more than ten (10) years at the discretion of the
court. If the offender is a juridical person, the chief executive officer and
the pollution control officer or its equivalent shall suffer the penalty herein
provided. Provided, also, that the officers and incorporators of TSDFs who
violated the post-closure requirements issued pursuant to Sec. 15 hereof
shall be banned from setting up TSDFs and hazardous and radioactive
waste transport companies, and engaging in the operation of the same.

If the offender is an alien, he or she shall, after service of the
sentence prescribed above, be deported without further administrative
proceedings.

The fines herein prescribed shall be reviewed and revised,
whenever necessary, every three (3) years to compensate for inflation and
to maintain the deterrent function of such fines.

SEC. 54. Administrative Sanctions. - Local government officials and
officials of government agencies concerned who fail to comply with and enforce
rules and regulations promulgated relative to this Act shall be charged
administratively in accordance with R. A. 7160 and other existing laws, rules and
regulations.

SEC. 55. Administrative Action. — Without prejudice to the right of any
affected person to file an administrative action, the Department, DOH and PNRI
shall, on its own instance or upon verified complaint by any person, institute
administrative and civil proceedings against any person who violates:

a) Standards or limitation provided under this Act; or
b) Any order, rule or regulation issued by the Department, DOH or
PNRI with respect to such standard or limitation.

SEC. 56. Citizen Suits. - For purposes of enforcing the provisions of this
Act or its implementing rules and regulations, any citizen may file an appropriate
civil, criminal or administrative action in the proper courts or bodies against the
following:
(a) Any person who violates or fails to comply with the provisions of
this Act or its implementing rules and regulations; or
(b) The Department or other implementing agencies with respect to
orders, rules and regulations issued inconsistent with this Act; or
(c) Any public officer who willfully or grossly neglects the
performance of an act specifically enjoined as a duty by this Act or its
implementing rules and regulations; or abuses his authority in the
performance of his duty; or, in any manner, improperly performs his duties
under this Act or its implementing rules and regulations: Provided,
however, That no suit can be filed until after a thirty-day (30) notice has
been given to the public officer and the alleged violator concerned and no
appropriate action has been taken thereon.

The court shall exempt such action from the payment of filing fees, except
fees for actions not capable of pecuniary estimations, and shall, likewise, upon
prima facie showing of the non-enforcement or violation complained of, exempt
the plaintiff from the filing of an injunction bond for the issuance of a preliminary
injunction.


Within thirty (80) days, the court shall make a determination if the
complaint herein is malicious and/or baseless and shall accordingly dismiss the
action and award attorney's fees and damages.

SEC. 57. Suits And Strategic Legal Action Against Public Participation
(SLAPP) And The Enforcement Of This Act. - Where a suit is brought against a
person who filed an action as provided in Sec. 56 of this Act, or against any
person, institution or government agency that implements this Act, it shall be the
duty of the investigating prosecutor or the court, as the case may be, to
immediately make a determination not exceeding thirty (30) days whether said
legal action has been filed to harass, vex, exert undue pressure or stifle such
legal recourses of the person complaining of or enforcing the provisions of this
act. Upon determination thereof, evidence warranting the same, the court shall
dismiss the case and award attorney's fees and double damages.

This provision shall also apply and benefit public officers who are sued for
acts committed in their official capacity, there being no grave abuse of authority,
and done in the course of enforcing this act.

CHAPTER XI —- Miscellaneous Provisions

SEC. 58. Mandatory Public Hearings. - Mandatory public hearings for the
Framework shall be undertaken in accordance with the process to be formulated
by the Department.

SEC. 59. Research on Hazardous and Radioactive Waste Management -
The Department, after consultations with the cooperating agencies, shall
encourage, cooperate with, and render financial and other assistance to
appropriate government and private agencies, institutions and individuals in the
conduct and promotion of researches, experiments, and other studies on
hazardous and radioactive waste management, particularly those relating to:

(a) adverse health welfare effects of the release into the
environment of hazardous and radioactive wastes, and methods to
eliminate said effects or minimize the health risks;

(b) the operation and financing of hazardous and radioactive waste
disposal programs;

(c) the planning, implementation and operation of resource
recovery and resource conservation systems;

(d) the production of usable forms of recovered resources, including
fuel from hazardous waste;

(e) the development and application of new and improve methods
of collecting, separating and disposing of hazardous and radioactive
wastes and processing and recovering materials and energy from
hazardous and radioactive wastes;

(f) cleaner production technologies;

(g) improvements in land disposal practices for hazardous and
radioactive wastes; and

(h) development of new uses of recovered resources and
identification of existing or potential markets of recovered resources.

In carrying out hazardous and radioactive waste researches and studies,
the Department, DOH and PNRI or their authorized representatives may award
grants or enter into contracts with government agencies, non-government
organizations and private persons.

SEC. 60. Public Education and Information. - The Department, PNRI and
DOH, in coordination with Department of Education (DepEd), TESDA,
Commission on Higher Education (CHED), DILG and Philippine Information


Authority (PIA) and LGUs, shall conduct a continuing education and information
campaign on hazardous and radioactive waste management. Such education
and information program shall:

(a) Aim to develop public awareness of the impacts of hazardous and
radioactive wastes and how to prevent or minimize their adverse effects;

(b) Concentrate on activities which are feasible and which will have the
greatest impact on the hazardous and radioactive waste management; and

(c) Encourage the general public, accredited NGOs and POs to publicly
endorse and patronize environment friendly products.

SEC. 61. Environmental Education in the Formal and Non-formal Sectors.
-The national government, through the DepEd and in coordination with
concerned government agencies, NGOs and private institutions, shall strengthen
the integration of environmental concems in school curricula at all levels, with
particular emphasis on hazardous and radioactive waste management principles
in order to promote environmental awareness and action among the citizenry.

SEC. 62. Business and Industry Role. - The Department, DOH and PNRI
shall encourage commercial and industrial establishments, through appropriate
incentives other than tax incentives, to te, participate and invest in integrated
hazardous and radioactive waste management projects, to manufacture
environment-friendly products, to introduce, develop and adopt innovative
processes that shall recycle and re-use materials, conserve raw materials and
energy, reduce waste, and prevent pollution, and to undertake community
activities to promote and propagate effective hazardous and radioactive waste
management practices.

CHAPTER XIl - Final Provisions

SEC. 63. Appropriations- An Amount of One hundred million pesos
(P100,000,000.00) shall be appropriated from the savings of the National
Government for the initial implementation of this Act, of which, the amount of
Sixty million pesos (P 60,000,000.00) shall be appropriated to the EMB of the
Department; Twenty million pesos (P20,000,000.00) to the DOH; and Twenty
million pesos (P20,000,000.00) to the PNRI.

Thereafter, the amount necessary to effectively carry out the provisions of
this Act shall be included in the General Appropriations Act of the year following
its enactment into law and thereafter.

SEC. 64. Implementing Rules and Regulations. - Within one (1) year after
the effectivity of this Act, the Department, DOH and PNRI, in coordination with
the Committees on, Environment and Ecology of the Senate and House of
Representatives, respectively, shall promulgate the implementing rules and
regulations of this Act: Provided, That rules and regulations issued by other
government agencies and instrumentalities relative to hazardous and radioactive
waste management consistent with this act shall supplement the rules and
regulations issued by the DENR, PNRI and DOH pursuant to the provisions of
this Act.

There shall be a mandatory review of the implementing rules and
regulations and standards set pursuant to the provisions of this Act.

SEC. 65. Joint Congressional Oversight Committee. - There is hereby
created a Joint Congressional Oversight Committee to monitor the
implementation of this Act. The Committee shall be composed of five (5)
Senators and five (5) Representatives to be appointed by the Senate President
and the Speaker of the House of Representatives, respectively. The Oversight
Committee shall be co-chaired by a Senator and a Representative designated by


the Senate President and the Speaker of the House of Representatives,
respectively.

SEC. 66. Transitory Provision. - Pending the establishment of the
Framework under Sec. 8 hereof, and promulgation of implementing rules and
regulations of this Act, pertinent existing laws, regulations, programs and projects
on hazardous and radioactive waste management shall be enforced. Provided,
That for specific undertaking, the same may be revised in the interim in
accordance with the intentions of this Act.

SEC. 67. Report to Congress. - The Department shall report to Congress,
not later than March 30 of every year following the approval of this Act, giving a
detailed account of its accomplishments and progress on hazardous and
radioactive waste management during the year and make the necessary
recommendations in areas where there is need for legislative action.

SEC. 68. Separability Clause. - If any provision of this Act or the
application of such provision to any person or circumstances is declared
unconstitutional, the remainder of the Act or the application of such provision to
other persons or circumstances shall not be affected by such declaration.

SEC. 69. Repealing Clause. - Republic Act No. 6969, Executive Order
No. 192, Republic Act No. 9003, Republic Act No. 7160, and Republic Act No.
2067, as amended, are partly modified. All laws, decrees, issuances, rules and
regulations, or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly:

SEC. 70. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation

Approved,