Question & AnswerQ&A (DENR MEMORANDUM CIRCULAR NO. 2002-05)
Section 20 of Republic Act No. 8749 prohibits incineration for treating municipal, bio-medical, and hazardous wastes if the process emits poisonous and toxic fumes.
Section 5t of Republic Act No. 8749 defines poisonous and toxic fumes as emissions and fumes which are beyond internationally accepted standards, including but not limited to WHO guideline values.
No, according to the Supreme Court ruling in MMDA vs. Jancom Environmental Corporation, Section 20 does not absolutely prohibit incineration but only bans burning processes that emit poisonous and toxic fumes.
The Supreme Court agreed with the Court of Appeals that Section 20 bans only burning processes emitting poisonous and toxic fumes and does not absolutely prohibit incineration as a waste disposal method.
Any thermal treatment technology, whether burn or non-burn as defined in DAO 2000-81, that meets emission standards for stationary sources under Section 19 of RA 8749 and complies with all relevant laws is allowed.
Because the Department of Environment and Natural Resources currently lacks sufficient capability for monitoring emissions from municipal solid waste incineration (personnel, equipment, infrastructure).
Toxic and hazardous wastes are those defined under Republic Act No. 6969.
Medical and bio-medical wastes are defined in Republic Act No. 8749 and its Implementing Rules and Regulations (DENR Administrative Order No. 2000-81, Series of 2000).
Incineration of these wastes is allowed only in state-of-the-art facilities that emit minimal air pollutants and whose emissions meet standards provided in RA 8749 and its Implementing Rules and Regulations.
The Environmental Management Bureau (EMB) is responsible for issuing appropriate technical and procedural guidelines to facilitate the implementation of this Circular.