Law Summary

Overview

This Memorandum Circular informs stakeholders that DENR Administrative Order (DAO) No. 36 Series of 2004 is now in effect, revising DAO No. 29 Series of 1992, which implements the Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 (Republic Act No. 6969). The update aims to enhance the management of hazardous wastes.

Revision of Hazardous Waste Classification

• Legal Principle: The new DAO prescribes a Procedural Manual for managing hazardous wastes, replacing the previous classification system.
• Key Definitions:
  • Hazardous Wastes: Defined by the new classifications outlined in Table 1-1 of the Procedural Manual.
• Important Requirements:
  • Delisting of Wastes: Certain wastes (e.g., resins, waste tallow, vegetable oils) are no longer classified as hazardous unless contaminated.
  • Change in Coverage: Specific hazardous wastes are now limited by concentration, acidity/alkalinity, and quantity.
  • Inclusion of New Hazardous Wastes: New entries to the classification include selenium compounds, barium compounds, ozone-depleting substances, and Persistent Organic Pollutants (POPs).

Management and Permitting Procedures

• Legal Principle: The DENR-EMB will continue to govern the permitting process for hazardous waste transport.
• Key Requirements:
  • Transport Permits: The DENR-EMB shall issue permits for the transport of hazardous wastes from economic zones.
  • Manifest Submission: No payment is required for the submission of DENR Hazardous Waste manifests until further notice.
  • Post-Production Responsibility: Economic zone enterprises must manage and dispose of hazardous substances if they cease operations.
• Cross-Reference: Compliance with the requirements for special wastes under Republic Act 9003 (Ecological Solid Waste Management Act of 2000) is necessary for wastes reclassified from hazardous status.

Transport and Handling Regulations

• Legal Principle: Regulations for the transport of hazardous wastes have been established to ensure compliance and safety.
• Key Requirements:
  • Transport Guidelines: Transport of scrap materials with hazardous components must adhere to PEZA Memorandum Circular 2005-020.
  • Permit Use: Permits to Transport (PTT) are non-transferable and can only be used by the designated transporter.

Conclusion

This memorandum outlines significant updates to hazardous waste management in the Philippines, mandating compliance with the new classifications and procedural requirements established by the DENR. Stakeholders must take note of their responsibilities under the revised guidelines.

Key Takeaways

• DAO No. 36 Series of 2004 is now in effect, revising previous regulations on hazardous waste.
• Key changes include the delisting of certain wastes and the introduction of new hazardous waste classifications.
• The DENR-EMB continues to manage transport permits, with no fees required for manifest submissions at this time.
• Economic zone enterprises must ensure proper disposal of hazardous materials after ceasing operations.
• Permits to Transport are strictly non-transferable, ensuring accountability in hazardous waste management.