Incineration Ban Clarification under RA 8749

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DENR MEMORANDUM CIRCULAR NO. 2002-05: Incineration Ban Clarification under RA 8749

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Title Source: Supreme Court: Incineration Ban Clarification under RA 8749

Law: Denr Memorandum Circular No. 2002-05

Decision Date: Jul 12, 2002

The DENR Memorandum Circular clarifies that while incineration of municipal, biomedical, and hazardous wastes is generally prohibited under the Philippine Clean Air Act, it is permissible in state-of-the-art facilities that meet strict emission standards, following a Supreme Court ruling that allows non-toxic incineration processes.

Definition of Poisonous and Toxic Fumes

Section 5t of RA 8749 defines poisonous and toxic fumes as emissions exceeding internationally accepted standards including WHO guideline values.

Supreme Court Clarification on Incineration Ban

The Supreme Court decision in Metro Manila Development Authority (MMDA) vs. Jancom Environmental Corporation clarified that Section 20 does not absolutely ban incineration.
Only burning processes that emit poisonous and toxic fumes are prohibited.

Conditions for Permitted Thermal Treatment Technologies

Thermal treatment technologies, whether burn or non-burn (as defined in DENR Administrative Order 2000-81), may be operated if they meet emission standards for stationary sources under Section 19 of RA 8749.
Compliance with all relevant provisions of RA 8749 and other applicable Philippine laws is mandatory.

Interim Coverage and Monitoring Limitations

Due to limited capabilities for monitoring emissions from municipal solid waste incineration, the current circular focuses on incineration of toxic, hazardous, medical, and bio-medical wastes.
Toxic and hazardous wastes are defined under RA 6969.
Medical and bio-medical wastes are defined under RA 8749 and its implementing rules (DENR Administrative Order No. 2000-81).

Requirements for Incineration Facilities

Incineration of toxic, hazardous, medical, and bio-medical wastes is permitted only in state-of-the-art facilities.
Facilities must demonstrate minimal air pollutant emissions compliant with the standards in RA 8749 and its implementing rules.

Role of the Environmental Management Bureau (EMB)

The EMB is tasked with issuing technical and procedural guidelines to facilitate the implementation of the circular.

Adoption and Authority

The Memorandum Circular was adopted on July 12, 2002, by Secretary Heherson T. Alvarez.

END