QuestionsQuestions (Republic Act No. 6969)
RA 6969 is titled the “Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990.” Its purpose is to regulate toxic substances and control the importation and entry (including in transit) and disposal of hazardous and nuclear wastes, with corresponding penalties.
The State shall regulate/restrict/prohibit importation, manufacture, processing, sale, distribution, use and disposal of chemical substances and mixtures presenting unreasonable risk and/or injury to health or the environment; prohibit entry (even in transit) and disposal of hazardous/nuclear wastes into Philippine territorial limits; and facilitate research and studies on toxic chemicals.
It covers the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use and disposal of all unregulated chemical substances and mixtures in the Philippines, including keeping/storing and disposal of hazardous/nuclear wastes into the country for whatever purpose, and entry even in transit.
A “chemical substance” is any organic or inorganic substance of particular molecular identity, including combinations occurring by reaction or in nature and any element or uncombined chemical. A “chemical mixture” is a combination of two or more chemical substances not occurring in nature and not the result of a chemical reaction, where none of the substances is a new chemical substance, and the combination could have been manufactured commercially without a reaction; it includes non-biodegradable mixtures.
It is the expected frequency of undesirable effects or adverse responses arising from a given exposure to a substance.
Hazardous substances present either short-term acute hazards (e.g., acute toxicity by ingestion/inhalation/skin absorption, corrosivity/contact hazard, or risk of fire/explosion) or long-term environmental hazards (e.g., chronic toxicity, carcinogenicity, resistance to detoxification like biodegradation, potential to pollute waters, or offensive odors). Hazardous wastes are substances without any safe commercial/industrial/agricultural/economic usage shipped/transported for dumping or disposal into or in transit through Philippine territory, and include by-products/residues/spent media/contaminated equipment and consumer discards.
Nuclear wastes are hazardous wastes made radioactive by exposure to radiation incidental to production or utilization of nuclear fuels, but do not include nuclear fuel or radioisotopes that have reached the final state of fabrication so as to be usable for scientific, medical, agricultural, commercial, or industrial purposes.
DENR maintains an inventory of chemicals; requires testing for first-time manufacture/import and for chemicals possibly posing unreasonable risk; evaluates toxicity/effects; enters research/monitoring contracts; inspects establishments; confiscates/impounds non-compliant chemicals (subject to rules); monitors and prevents entry of hazardous/nuclear wastes even in transit; subpoenas witnesses/documents; requests assistance from agencies; disseminates safety/environment education; and performs other necessary functions.
It is attached to DENR and includes representatives from multiple departments/agencies and an NGO representative. Its functions include assisting DENR in formulating rules; helping prepare/update the inventory; conducting preliminary evaluation of toxicity/effects and recommending actions; and performing other functions required by the DENR Secretary.
The submitter must provide: name of chemical; chemical identity and molecular structure; proposed categories of use; estimate of amount to be manufactured/processed/imported; processing and disposal thereof; and any available test data related to health/environmental effects.
Testing is required when: (1) there is reason to believe the substance/mixture may present unreasonable risk or there is substantial exposure; (2) there are insufficient data/experience to determine/predict health/environmental effects; and (3) testing is necessary to develop such data. Costs are borne by the manufacturers/processors/importers.
DENR must decide within ninety (90) days from filing whether to regulate or prohibit. The DENR Secretary may extend the 90-day period for justifiable reasons within a reasonable time.
Exempt are: (1) those already listed in the inventory of existing chemicals; (2) those produced in small quantities solely for experimental/research and development; (3) substances/mixtures that will not present unreasonable risk; and (4) those existing temporarily with no human/environment exposure (e.g., present only as a result of chemical reactions in making another mixture).
The public can access records/reports/information including safety data and documents on emissions/discharges during normal business hours. DENR may withhold confidential portions if disclosure would divulge trade secrets, production/sales figures or unique processes, or otherwise harm competitive position. DENR may still release confidentiality-covered information to medical/scientific institutions for diagnosis/treatment of exposed persons.
Prohibited acts include: knowingly using chemicals imported/manufactured/processed/distributed in violation; failing/refusing to submit required reports/permit inspection; failing/refusing to comply with pre-manufacture and pre-importation requirements; and causing/aid/facilitating storage, importation, bringing into the Philippines (including maritime economic zones) even in transit, or keeping in storage of any amount of hazardous/nuclear wastes. The waste-in-transit rule is Section 13(d).
Violators of 13(a)-(c) face imprisonment of six (6) months and one day to six (6) years and one day, plus a fine of P600 to P4,000, and if foreigner, deportation and barred entry after serving sentence. If committed by a partnership/corporation, responsible corporate officers/partner who consented or knowingly tolerated are liable as co-principals. If offender is a government official/employee, he/she is automatically dismissed and permanently disqualified from holding elective/appointive positions.
Violating 13(d) carries imprisonment of twelve (12) years and one day to twenty (20) years; foreigners are deported and barred from subsequent entry. For corporations/associations, the managing partner/president/chief executive is penalized plus an exemplary damage of at least P500,000; if foreign firm, directors and all officers are barred from entry and its license canceled.
DENR may impose an administrative fine of not less than P10,000 and not more than P50,000 for violations, including implementing rules properly promulgated and published. The collected fines accrue to a special fund administered exclusively for projects and research relative to toxic substances and mixtures.
Penalties for unlawful importation/entry/transport/manufacture/processing/sale/distribution carry confiscation and forfeiture to government of proceeds and instruments/tools/improvements including vehicles, sea vessels, and aircraft used. Hazardous/nuclear substances may be turned over to DENR for safekeeping and proper disposal; responsible parties must transport/send back prohibited wastes; transportation/storage means may be forfeited at government option.
Rules must be prepared and published within six months from effectivity (Section 16). The Act takes effect after fifteen (15) days following publication in the Official Gazette or in a newspaper of general circulation (Section 20).