Toxic Substances and Hazardous Wastes Act

Policy and governing aims

Section 2 declares State policy 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.
Section 2 prohibits the entry, even in transit, of hazardous and nuclear wastes and their disposal into the Philippine territorial limits for whatever purpose.
Section 2 directs advancement and facilitation of research and studies on toxic chemicals.

Scope of coverage and covered activities

Section 3 covers the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use, and disposal of all unregulated chemical substances and mixtures in the Philippines.
Section 3 covers entry into the Philippines, even in transit, and the keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever purpose.
Section 5 defines “Importation” to mean entry into the Philippines through seaports or airports of entry after being properly cleared through or still remaining under customs control, for direct consumption, merchandising, warehousing, or further processing.
Section 5 defines “Process” to include preparation for commercial distribution in the same or different physical state and also preparation as part of an article containing a chemical substance or mixture.

Core definitions and key terms

Section 5 defines Chemical substance as any organic or inorganic substance with a particular molecular identity, including combinations resulting from chemical reaction or occurring in nature, and any element or uncombined chemical.
Section 5 defines Chemical mixture as a combination of two or more chemical substances that does not occur in nature and is not wholly or partly the result of a chemical reaction, where none of the substances is a new chemical substance and the combination could have been manufactured for commercial purposes without a chemical reaction at the time the substances were combined; it includes non-biodegradable mixtures.
Section 5 defines Unreasonable risk as the expected frequency of undesirable effects or adverse responses arising from a given exposure to a substance.
Section 5 defines Hazardous substances as presenting either:
- short-term acute hazards, including acute toxicity by ingestion, inhalation, or skin absorption; corrosivity or skin/eye contact hazard; or the risk of fire or explosion; or
- long-term environmental hazards, including chronic toxicity from repeated exposure; carcinogenicity (with potentially long latent periods); resistance to detoxification such as biodegradation; potential to pollute underground or surface waters; or aesthetically objectionable properties such as offensive odors.
Section 5 defines Hazardous wastes as substances without any safe commercial, industrial, agricultural, or economic usage, shipped or transported for dumping or disposal into, or in transit through, any part of the territory of the Philippines; it also includes by-products, sideproducts, process residues, spent reaction media, contaminated plant or equipment, other manufacturing-operation substances, and consumer discards of manufactured products.
Section 5 defines Nuclear wastes as hazardous wastes made radioactive by exposure to radiation incidental to production or utilization of nuclear fuels, excluding nuclear fuel and radioisotopes that have reached final fabrication state and are usable for scientific, medical, agricultural, commercial, or industrial purpose.
Section 5 defines Manufacture as the mechanical or chemical transformation of substances into new products, by power-driven machines or by hand, whether in a factory or a worker’s home, and whether sold wholesale or retail.

Government functions and advisory council

Section 6 designates the Department of Environment and Natural Resources (DENR) as the implementing agency with the authority and responsibility to:
- keep an updated inventory of chemicals manufactured or used;
- require testing before first manufacture or importation for chemicals presenting unreasonable risk or injury;
- require testing of chemicals already being manufactured or processed when there is reason to believe they pose unreasonable risk or injury;
- evaluate tested chemicals’ toxicity and extent of effects;
- enter into contracts and make grants for research, development, and monitoring;
- conduct inspections of establishments manufacturing, processing, storing, or holding chemicals, and make recommendations;
- confiscate or impound chemicals found not falling within standards, and provide that the acts cannot be enjoined except after chemicals have been impounded;
- monitor and prevent entry even in transit of hazardous and nuclear wastes and their disposal into the country;
- subpoena witnesses, documents, and other information necessary to carry out the Act;
- request assistance from government departments, bureaus, offices, agencies, and state universities or colleges as needed;
- disseminate information and conduct educational awareness campaigns on effects of toxic substances, mixtures, and wastes.
Section 7 creates an Inter-Agency Technical Advisory Council attached to DENR.
Section 7 provides the Council’s composition, including as members the Secretary of Environment and Natural Resources (Chairman); Secretary of Health; Director of the Philippine Nuclear Research Institute; Secretary of Trade and Industry; Secretary of Science and Technology; Secretary of Foreign Affairs; Secretary of Labor and Employment; Secretary of Finance; Secretary of Agriculture; a non-governmental organization representative on health and safety.
Section 7 provides that the non-governmental organization representative is appointed by the President for a term of three (3) years.
Section 7 assigns the Council functions to assist DENR in formulation of rules, preparation and updating of inventory, preliminary evaluation of toxicity and effects with recommendations, and other functions required by the Secretary.

Pre-manufacture and pre-import controls

Section 8 requires submission of specific information before any new chemical substance or mixture can be manufactured, processed, or imported for the first time as determined by DENR.
Section 8 requires the submitted information to include: the name; chemical identity and molecular structure; proposed categories of use; an estimate of the amount to be manufactured, processed, or imported; processing and disposal thereof; and any test data related to health and environmental effects.
Section 9 requires testing where: there is reason to believe the substance may present unreasonable risk or there may be substantial human or environmental exposure; there are insufficient data and experience to determine or predict effects; and testing is necessary to develop such data.
Section 9 makes manufacturers, processors, or importers responsible for the costs of testing.
Section 10 requires the Secretary of DENR (or duly authorized representative) to decide within ninety (90) days from filing the notice of manufacture, processing, or importation whether to regulate or prohibit importation, manufacture, processing, sale, distribution, use, or disposal.
Section 10 allows extension of the ninety-day pre-manufacture period by the Secretary for justifiable reasons within a reasonable time.
Section 11 exempts certain manufacture from pre-manufacture notification, including:
- substances/mixtures already listed in the inventory of existing chemicals;
- those produced in small quantities solely for experimental or research and developmental purposes;
- substances/mixtures that will not present unreasonable risk to health and the environment;
- substances/mixtures that exist temporarily with no human or environmental exposure, including those resulting from chemical reactions in the manufacture or processing of another mixture.

Public access to information

Section 12 provides public access to records, reports, or information concerning chemical substances and mixtures, including safety data and data on emission or discharge into the environment.
Section 12 requires that these records, reports, or information be available for inspection or reproduction during normal business hours.
Section 12 allows DENR to consider records, reports, information, or particular portions confidential and not made public when disclosure would divulge trade secrets, production or sales figures, methods, production or processes unique to the manufacturer/processor/distributor, or would otherwise adversely affect competitive position.
Section 12 allows DENR to release confidential information if it is needed for medical diagnosis or treatment by a medical research or scientific institution for a person exposed to the chemical substance or mixture.

Prohibited acts and unlawful omissions

Section 13 makes unlawful the knowing use of a chemical substance or mixture imported, manufactured, processed, or distributed in violation of the Act, implementing rules and regulations, or orders.
Section 13 makes unlawful failure or refusal to submit reports, notices, or other required information, where access to records is required, or failure or refusal to permit inspection of establishments manufacturing, processing, storing, or otherwise holding chemicals.
Section 13 makes unlawful failure or refusal to comply with pre-manufacture and pre-importation requirements.
Section 13 makes unlawful causing, aiding, or facilitating, directly or indirectly, the storage, importation, or bringing into Philippine territory (including maritime economic zones) even in transit, by land, air, sea transportation, or otherwise keeping in storage any amount of hazardous and nuclear wastes in any part of the Philippines.

Criminal liability and penalties

Section 14 provides that imprisonment of six (6) months and one day to six (6) years and one day and a fine ranging from PHP 600.00 to PHP 4,000.00 applies to any person who violates Section 13 (a) to (c) and is not covered by the Probation Law.
Section 14 requires that if the offender is a foreigner who violates Section 13 (a) to (c), the foreigner be deported and barred from any subsequent entry into the Philippines after serving the sentence.
Section 14 provides that for violations committed by a partnership, corporation, association, or any juridical person, the partner, president, director, or manager who consents to or knowingly tolerates the violation is directly liable and criminally liable as a co-principal.
Section 14 mandates that if the offender is a government official or employee, the offender is automatically dismissed from office and permanently disqualified from holding any elective or appointive position, in addition to the penalties.
Section 14 provides that imprisonment of twelve (12) years and one day to twenty (20) years applies to any person who violates Section 13 (d).
Section 14 requires that for violation of Section 13 (d), if the offender is a foreigner, deportation and a bar from subsequent entry apply after serving the sentence.
Section 14 provides that for corporations or other associations violating Section 13 (d), the penalty applies to the managing partner, president, or chief executive and includes an exemplary damage of at least PHP 500,000.00.
Section 14 provides that for violation of Section 13 (d) by a foreign firm, the director and all officers are barred from entry into the Philippines, and the firm’s license to do business in the Philippines is cancelled.
Section 14 mandates that if the offender is a government official or employee for violations under Section 13 (d), the offender is automatically dismissed and permanently disqualified, in addition to the penalties.
Section 14 requires that every penalty imposed for unlawful importation, entry, transport, manufacture, processing, sale, or distribution of chemical substances or mixtures into or within the Philippines includes confiscation and forfeiture in favor of the Government of the proceeds of the unlawful act and instruments, tools, or other improvements, including vehicles, sea vessels, and aircrafts used in or with which the offense was committed.
Section 14 requires that confiscated and forfeited chemical substances, at the Government’s option, be turned over to DENR for safekeeping and proper disposal.
Section 14 imposes on the person or firm responsible or connected with bringing or importation of hazardous or nuclear wastes the obligation to transport or send back those prohibited wastes.
Section 14 provides that means of transportation, including facilities and appurtenances used to transport to or store in the Philippines any significant amount of hazardous or nuclear wastes, may be forfeited to the Government at the Government’s option.

Administrative fines and special fund use

Section 15 authorizes the Secretary of DENR to impose an administrative fine of not less than PHP 10,000.00 and not more than PHP 50,000.00 on any person or entity found guilty of violations of the Act, including violations of implementing rules duly promulgated and published under Section 16.
Section 15 requires that administrative fines collected by DENR accrue to a special fund administered by DENR exclusively for projects and research activities relative to toxic substances and mixtures.

Implementing rules, appropriations, separability, repeal

Section 16 requires DENR, in coordination with member agencies of the Inter-Agency Technical Advisory Council, to prepare and publish implementing rules within six months from the Act’s effectivity.
Section 17 provides that such amount as may be necessary to implement the Act is annually appropriated and included in the budget of DENR.
Section 18 provides a separability rule: if a provision is declared void or unconstitutional, the remaining provisions not affected remain in full force and effect.
Section 19 provides that all laws, presidential decrees, executive orders, issuances, and rules and regulations inconsistent with the Act are repealed or modified accordingly.