Legal basis and prior issuances revised
- The Order is issued pursuant to Republic Act No. 6969 (the Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990).
- It is also issued pursuant to Executive Order No. 192 (Series of 1987).
- It revises DENR Administrative Order No. 2004-36.
- It states that it revises the Procedural Manual for Hazardous Waste Management previously used under DENR Administrative Order No. 2004-36.
- It references DENR Administrative Order No. 2004-36, which itself is described as revising DENR Administrative Order No. 29 (Series of 1992) to strengthen implementation of RA 6969 and to prescribe the procedural manual.
Basic policy and objectives
- The State’s policy is to regulate, restrict, or prohibit the importation, manufacture, processing, sale, distribution, use, and disposal of chemical substances and mixtures that present unreasonable risk and/or injury to health or the environment.
- The State’s policy prohibits the entry—even in transit—of hazardous and nuclear wastes and their disposal within the Philippine territorial limits, for whatever purpose.
- The State’s policy also advances and facilitates research and studies on toxic chemicals and hazardous and nuclear wastes.
- The Order’s objective is to ensure that important aspects of Title III of DENR Administrative Order 92-29 (Implementing Rules and Regulations of RA 6969)—covering hazardous waste generators, transporters, and treaters—are developed into a useful information/reference document for stakeholders.
- The Order’s objective is to further streamline procedures for generation and compliance with legal and technical requirements for hazardous waste management in light of recent developments.
Scope: what this Order revises
- The Order revises provisions of DENR Administrative Order 2002-36.
- It revises the definition of terms under Chapter 1.
- It revises classification of hazardous wastes under Chapter 2.
- It revises waste generators under Chapter 3.
- It revises waste transporters under Chapter 4.
- It revises treatment, storage and disposal facilities under Chapter 5.
- It revises storage and labeling under Chapter 6.
- It revises waste transport record under Chapter 7.
- It revises contingency program under Chapter 8.
- It revises personnel training under Chapter 9.
- It revises provisions on import of recyclable materials containing hazardous substances and export of hazardous wastes under Chapter 10.
- It revises prohibited acts and penalties under Chapter 11.
- It revises monitoring under Chapter 12.
- It revises the schedule of fees under Chapter 13.
- The Revised Procedural Manual appended to the Order provides the detailed requirements and procedures for hazardous waste management.
Procedural manual as integral component
- The Revised Procedural Manual is appended to the Order.
- The Revised Procedural Manual prescribes detailed requirements and procedures for hazardous waste management.
- The Revised Procedural Manual forms an integral part of the Order.
- References to covered topics (generator, transporter, treater, transport records, contingency program, training, import/export rules, prohibited acts and penalties, monitoring, and fees) are implemented through the Revised Procedural Manual and the revised chapters it updates.
Separability and repealing rules
- Section 4 provides that if any section or provision of the Rules and Regulations or the Revised Procedural Manual is held unconstitutional or invalid by a competent court, the remaining provisions continue in force as though the annulled or voided provisions had never been incorporated.
- Section 5 provides that all inconsistent rules and regulations and/or parts of rules and regulations, and/or pertinent laws are revised, amended, modified, and/or superseded by this Order.
Amendments and ongoing updates
- Section 6 authorizes that the Rules and Regulations and the Revised Procedural Manual may be amended and/or modified from time to time by the DENR.