Title
Supreme Court
Revised Priority Chemical List Regulations
Law
Denr Administrative Order No. 2005-27
Decision Date
Dec 19, 2005
The Department of Environment and Natural Resources establishes a revised Priority Chemical List, mandating compliance from users, importers, and manufacturers with reporting and registration requirements, while imposing fines for non-compliance to enhance the management of toxic substances and hazardous wastes.

Law Summary

Priority Chemical List Composition

  • The PCL enumerates specific hazardous chemicals by their Chemical Abstract Service (CAS) numbers, Philippine Inventory of Chemicals and Chemical Substances (PICCS) names, and chemical names.
  • It includes a wide range of chemicals such as chlorinated benzenes, heavy metal compounds (arsenic, cadmium, mercury, lead), solvents (benzene, chloroform, methylene chloride), pesticides (mirex), and other toxic substances.
  • Certain chemicals like asbestos, cyanide, and mercury compounds are now regulated under separate Chemical Control Orders (CCO).
  • Some chemicals identified as ozone-depleting substances (e.g., trichloroethane, chlorofluorocarbons, halons) are also regulated under specific CCOs.

Obligations of Chemical Users, Importers, and Manufacturers

  • Mandatory annual submission of reports to the DENR-Environmental Management Bureau (EMB-Central Office) by January 31 each year.
  • Requirement to file a Hazardous Wastes Registration Form with the appropriate EMB Regional Office.
  • Registration and reporting must be done using forms prescribed by the Department and be accompanied by the payment of prescribed fees.

Penalties for Non-Compliance

  • Non-registration under the provisions of DAO 29, Title II related to the PCL incurs an administrative fine of PHP 50,000.
  • Failure to submit the required annual report results in a PHP 10,000 fine.
  • Non-compliance with permit or clearance conditions is subject to graduated fines based on the number of violated conditions:
    • PHP 10,000 for one or two conditions.
    • PHP 20,000 for three or four conditions.
    • PHP 30,000 for more than four conditions.
    • PHP 40,000 for extensive non-compliance, including other DENR environmental requirements.

Incentives and Implementation

  • The Department of Environment and Natural Resources (DENR) may adopt incentives for compliant sectors as per existing rules and regulations.
  • The Order took effect fifteen (15) days after publication in two newspapers of general circulation and after submission to the National Administrative Register.

Key Legal Concepts

  • Emphasizes regulation of toxic and hazardous substances to protect environmental and public health.
  • Ensures traceability and accountability of chemical use through mandatory registration and reporting.
  • Promotes compliance through a system of administrative fines and potential incentives.
  • Aligns with broader environmental laws regulating hazardous substances and ozone-depleting chemicals to fulfill international and national obligations.

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