QuestionsQuestions (DENR RULES AND REGULATIONS OF Republic ACT 6969)
DENR issued these Implementing Rules and Regulations pursuant to Section 16 of Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990).
It states the policy to regulate, restrict, or prohibit the importation, manufacture, processing, sale, distribution, use, and disposal of chemical substances that present unreasonable risk/injury; to prohibit entry—even in transit—of hazardous and nuclear wastes and their disposal in Philippine territorial limits for any purpose; and to advance research and studies on toxic chemicals and hazardous/nuclear wastes.
They cover importation, manufacture, processing, handling, storage, transportation, sale, distribution, use, and disposal of all unregulated chemical substances and mixtures in the Philippines, including entry even in transit; and the keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever purpose.
Any combination of two or more chemical substances (not occurring in nature and not the result of a chemical reaction) where the combination could have been manufactured for commercial purposes without a chemical reaction at the time the substances were combined; includes nonbiodegradable mixtures.
They are substances without any safe commercial/industrial/agricultural/economic usage and are shipped/transported/brought for dumping or disposal into or in transit through any part of Philippine territory; they also include by-products, residues, spent reaction media, contaminated equipment/plant substances, and consumer discards that present unreasonable risk/injury to health and the environment.
Among others: maintain an updated chemical inventory; require testing of chemicals that may pose unreasonable risk; evaluate tested chemicals; conduct inspection; confiscate/impound non-complying chemicals (with certain limits); monitor and prevent entry of hazardous/nuclear wastes even in transit; subpoena witnesses and documents; seek inter-agency assistance; disseminate information and conduct awareness campaigns; and perform other necessary functions.
The Secretary may delegate: inspection functions; inspection of premises for hazardous waste; stopping/detaining/inspecting and removing vehicles/boats believed likely to be used for transport; monitoring and preventing entry of hazardous/nuclear wastes; and subpoena-related functions.
The EPO may examine/inquire for compliance; enter premises to conduct examination/inquiry, require documents, inspect/examine/copy/extract/remove documents, and take photographs/audio/visual recordings; stop/detain/inspect/examine and remove vehicles/boats used or likely to be used for transport without the needed permit; require a person committing an offense to state full name and address; and perform other authorized duties.
DENR (Secretary or representative) orders an investigation/inquiry based on a report from an authorized inspector or a verified complaint. If a violation appears, DENR issues summons informing respondent/s of the charges and requiring appearance for a conference to determine whether an order for confiscation/impoundment/fine should issue.
It is composed of DENR (Chairman), and Secretaries of Health, Trade and Industry, Science and Technology, National Defense, Foreign Affairs, Labor and Employment, Finance, and Agriculture; a Director of PNRI; and a representative from a non-governmental organization on health and safety (appointed by the President for a three-year term).
DENR compiles and may amend a list of priority chemicals that may be included/deleted/excluded based on assessment, publishes it, and may require information from persons to assess public and environmental risk.
If a chemical poses unreasonable risk/hazard, DENR may prohibit or limit specified activities (use, manufacture, import/export, transport, process, storage, possession, sale) or impose controls/conditions to abate/minimize risks.
Applicants must submit detailed chemical identity, physical characteristics, chemical properties, toxicological data (as applicable), exposure averages (if known), flash point, explosive limits (if applicable), stability/incompatibilities, carcinogenic/teratogenic/mutagenic properties (if applicable), nominating person details, and anticipated volume per annum (and other information listed in the section).
Existing chemicals are nominated for inclusion in the Philippine inventory until Dec. 31, 1993. After that date, any chemical not in the inventory is a “new chemical” and cannot be used/stored/imported/sold/manufactured/processed/transported unless permitted by DENR under the conditions (including 180-day prior notification and provision of Section 15 information).
Waste generator must notify DENR of type and quantity (with required form and fee) and provide quarterly reports; remains responsible until hazardous waste is certified by a waste treater as treated/recycled/reprocessed/disposed; must prepare comprehensive emergency contingency plans (following DENR guidelines) and train personnel on plan implementation and hazards of improper handling/storage/transport/use.
Testing is required when there is reason to believe the chemical may present unreasonable risk; insufficient data/experience exists to determine/predict effects; and testing is necessary to develop such data. The manufacturers/processors/importers shoulder testing costs.
Section 41 lists administrative violations such as failure/refusal to submit for required testing; obstructing inspections; failure/refusal to notify and provide quarterly hazardous waste reports; failure/refusal to secure required permits for transport/storage/disposal; failure/refusal to secure approval for import/export of hazardous substances; failure/refusal to provide proper labeling; and failure/refusal to comply with subpoenas. Under Section 43, DENR may impose a fine of not less than PHP 10,000 and not more than PHP 50,000.