Republic Act 6969

Toxic Substances and Hazardous and

Nuclear Waste Control Act of 1990
Engr. MA. CRISTINA ZAMORA
Chief, Chemicals & Hazardous Waste Management Section
Environmental Monitoring & Enforcement Division (EMED)

WATER ENVIRONMENT ASSOCIATION OF THE PHILIPPINES (WEAP(, INC. DENR – ENVIRONMENTAL MANAGEMENT BUREAU (DENR – EMB)
 OUTLINE

⚫ RA 6969 as a Policy

⚫ Chemical Management

⚫ Hazardous Wastes Management

⚫ Penal Provisions
 Background
▪ Toxic Substances and Hazardous & Nuclear Wastes Control Act of 1990
(Republic Act 6969)

▪ RA 6969 was enacted on October 26, 1990.

▪ Executing Agency: Department of Environment and Natural Resources

(DENR) through the Environmental Management Bureau (EMB)

▪ Inter-Agency Technical Advisory Council: DENR, DOH, PNRI, DTI, DOST,

DND, DFA, DOLE, DOF, DA, NGO on Health & Safety

▪ “Implementing Rules and Regulations of Republic Act 6969” Department

Administrative Order 29 (DAO 29) was signed in June, 1992.
 POLICY
⚫ To regulate, restrict, or prohibit the importation,
manufacture, processing, sale, distribution, use,
and disposal of chemical substances and mixtures
that potentially pose unreasonable risk to public
health, workplace & the environment

⚫ To prohibit the entry, even in transit, of hazardous

and nuclear wastes and their disposal into
Philippine territorial limits for whatever purpose.
 Coverage of RA 6969

➢Chemical Management (Title II)

“raw/new/virgin materials”

➢Hazardous Waste Management (Title III)

“used/waste/non-virgin materials”
 Title II
CHEMICAL MANAGEMENT
WATER ENVIRONMENT ASSOCIATION OF THE PHILIPPINES (WEAP(, INC. DENR – ENVIRONMENTAL MANAGEMENT BUREAU (DENR – EMB)
 Provisions of Title II of RA 6969
TOXIC CHEMICAL SUBSTANCES

1) Compile, maintain and update the inventory of chemical

substances that are, imported, manufactured and used in the
country.
Philippine Inventory of Chemicals and Chemical Substances
(PICCS).

PICCS – a list of all existing chemicals & chemical

substances used, sold, distributed, imported, processed,
manufactured, stored, exported, treated or transported in
the Philippines.
WATER ENVIRONMENT ASSOCIATION OF THE PHILIPPINES (WEAP(, INC. DENR – ENVIRONMENTAL MANAGEMENT BUREAU (DENR – EMB)
 Provisions of Title II of RA 6969
TOXIC CHEMICAL SUBSTANCES

2) Require screening of new chemical substances by seeking all

available information to assess the risk posed by new
chemical substances to public health and to the
environment through a process known as Pre-
Manufacturing & Pre-Importation Notification (PMPIN)

PMPIN - Notification procedure for chemicals or substances which are not listed in the
PICCS.

Small Quantity Importation (SQI) - is the amount of New Chemical Substance (not listed
in the PICCS) as defined in RA 6969 which shall not exceed 1,000 kg/year as:
1. Pure Chemical Substance (PCS) or
2. Component in percentage (%) by weight of a product, mixture, etc.
 Provisions of Title II of RA 6969
TOXIC CHEMICAL SUBSTANCES
3) Establish the Philippine Priority Chemicals List (PCL).

PCL - a list of existing and new chemicals that the DENR-EMB has
determined to potentially pose unreasonable risk to public health,
workplace and the environment.

Criteria for PCL:

**persistence
**toxicity
**Bio-accumulation potential
2005 Priority Chemical List
 Provisions of Title II of RA 6969
TOXIC CHEMICAL SUBSTANCES

4) Regulate, limit, gradually phase-out, and ban those

chemical substances that are determined to pose
unreasonable risk to public health and environment
through the issuance of Chemical Control Order (CCO).

CCO – an order issued by the DENR-EMB to chemicals

and chemical substances listed in the PCL after due
consideration to industrial needs, health and environment
risks and the Philippine commitment to international and
regional treaties & conventions.
 Chemicals with CCO
Mercury and Mercury Compounds DAO 1997-38 12/23/1997
DAO 2019-20 11/20/2019
Cyanide and Cyanide Compounds DAO 1997-39 12/23/1997
EMB MC 2019-002 03/26/2019
Asbestos DAO 2000-02 01/06/2000
Ozone Depleting Substances (ODS) DAO 2000-18 02/23/2000
DAO 2004-08 01/25/2005
DAO 2013-25 12/26/2013
Polychlorinated Biphenyls (PCBs) DAO 2004-01 02/16/2004
EMB MC 2015-004 01/30/2015

Lead and Lead Compounds DAO 2013-24 12/23/2013

Arsenic and Arsenic Compounds DAO 2019-17 11/08/2019
Cadmium and Cadmium Compounds DAO 2021-08 05/06/2021
Chromium VI Compounds DAO 2021-09 05/06/2021
 WHY DO WE NEED TO MANAGE AND
REGULATE CHEMICALS?
⚫ Reduce the effects of Chemicals to the Environment
 WHY DO WE NEED TO MANAGE AND REGULATE CHEMICALS?
⚫ Reduce the effects of Chemicals on Humans & Living Creatures
 SECTORS COVERED

⚫ Importers
⚫ Distributors
⚫ Manufacturers
⚫ Industrial Users
⚫ Recyclers
⚫ Waste Service Providers
 REGULATORY MEASURES
1. Registration / Permitting Requirements
Online Permitting at opms.emb.gov.ph CCO
registration
2. Limitations of Use CCO
Importation
clearance
3. Gradual Phase-Out
4. Substitution
PCL
clearance
CCO

PICCS Tool
PCL
Document
Small Quantity
Importation
PICCS
clearance
NEW
CHEMICALS
PMPIN
SQI PMPIN certificate
 PROCESSING TIME
F R O N T L I N E S E R V I C E S (P E R M I T S) FEE
(Days)
1 Small Quantity Importation Clearance P600/new chemical component 20

2 Registration for chemicals under CCO P2,800/chemical 20

3 Importation Clearance (IC) for chemicals under CCO P1,700/chemical 20

Registration for Importers, Dealers, Retailers &

4 P2,800 10
Re-Sellers of Ozone Depleting Substances (ODS)
Renewal of Registration for Dealers, Retailers & Re-
5 P2,000 10
Sellers of ODS
Service Provider under (CCO) Asbestos
6 P2,800 20
& PCBs
7 Priority Chemical List Certificate P1,000/chemical 25

8 PMPIN (abbreviated) P2,600/chemical 90

9 PMPIN (detailed) P4,500/chemical 180

10 Registration for the Importation of ODS P2,800/chemical 25

11 Pre-Shipment IC for ODS P1,700/chemical 25

EMB Central Office EMB Regional Offices

 Title III
HAZARDOUS WASTE MANAGEMENT
WATER ENVIRONMENT ASSOCIATION OF THE PHILIPPINES (WEAP(, INC. DENR – ENVIRONMENTAL MANAGEMENT BUREAU (DENR – EMB)
 Provisions of Title III of RA 6969
HAZARDOUS WASTES MANAGEMENT
1. Proper management of hazardous wastes in a manner not to cause
pollution to the environment and harm to public health and natural
resources through reduction, recycling & re-use, treatment and
landfilling of inert hazardous waste residues.
 Provisions of Title III of RA 6969
HAZARDOUS WASTES MANAGEMENT

2. Prohibit the entry, even in transit of hazardous wastes and their

disposal into the Philippine territorial limits.
 Provisions of Title III of RA 6969
HAZARDOUS WASTES MANAGEMENT

3. Make waste generators responsible for the management and disposal of

hazardous wastes and financially responsible for the cost of proper storage,
treatment, and disposal of hazardous wastes they generate.
 DAO 2013-22: REVISED PROCEDURES AND STANDARDS FOR THE
MANAGEMENT OF HAZARDOUS WASTES
(REVISING DAO 2004-36)

EMB

Manifest system

Generator Transporter Treater

WATER ENVIRONMENT ASSOCIATION OF THE PHILIPPINES (WEAP(, INC. DENR – ENVIRONMENTAL MANAGEMENT BUREAU (DENR – EMB)
 Manual for DAO 2013-22
Chapter Title
1 Definition of Terms
2 Classification of HW
3 Hazardous Waste Generators + Categories
4 Hazardous Waste Transporters
5 Treatment, Storage & Disposal Facilities
6 Storage & Labeling
7 Waste Transport Record
8 Contingency Program
9 Personnel Training
10 Import of Recyclable Materials
11 Prohibited Acts & Penalties
12 Monitoring
13 Schedule of Fees
What are Hazardous Wastes?

Substances/Materials that are without any safe

commercial, industrial, agricultural or economic
usage

By-products, side-products, process residues,

spent reaction media, contaminated plant or
equipment or other substances from
manufacturing operations and as consumer
discards of manufactured products which present
unreasonable risk and/or injury to health and
safety and to environment
 Characteristics of Hazardous Waste
Corrosive
Poisonous
Carcinogenic Acidic or Basic
Mutagenic Corrodes Metals
Teratogenic

Toxic Any waste material that exhibits one or more of these

characteristics is considered hazardous.
- Unstable under
normal conditions
- Reacts violently with
water & creates
explosive reaction Catches fire
easily
Ignitable
Reactive
Classification of Hazardous Wastes

Ta b l e 2 - 1 P r o c e d u r a l M a n u a l
D AO 2 0 1 3 - 2 2

13 Classes
Waste Numbers A101 to M507
 Classification of Hazardous Wastes
CLASS WASTE NUMBER
A Waste with Cyanide A101

B Acid Waste B201 – B299

C Alkali Waste C301 – C399

D Waste with Inorganic Chemicals D401 – D499

E Reactive Chemical Waste E501 – E599

F Inks/Dyes/Pigments/Paints/Latex/Adhesives/Organic Sludge F601 – F699

G Waste Organic Solvent G703 – G704

H Organic Waste H802

I Waste Oil I101 - I104

J Containers previously containing toxic chemical substances J201

K Stabilized Waste K301 – K303

L Waste Organic Chemicals L401 – L404

M Miscellaneous Waste M501 – M507
 HW from Food Preparation

⚫ Used Cooking Oil

⚫ Waste Class : Waste Oil
⚫ Waste No. : I102

 Grease Trap Waste

 Waste Class :Organic Waste
 Waste No. : H802
HW from the Maintenance of Generator Sets

⚫ Used Oil
⚫ Waste Class : ⚫ Used Lead Acid
Waste Oil Batteries
⚫ Waste No. : I101 ⚫ Waste Class :Lead
Compounds
⚫ Waste No. : D406
 Oil Contaminated
Materials (rags, oil
filters, sand)
 Waste Class : Waste Oil
 Waste No. : I104
 HW from Lightning Fixtures
⚫ Busted Mercury
containing Lamps
⚫ Waste Class : Waste
with Inorganic
Chemicals (Mercury)
⚫ Waste No. : D407

⚫ Busted Light Emitting Diode (LED) Lamps

⚫ Waste Class :Miscellaneous Waste (Waste
Electrical & electronic Equipment)
⚫ Waste No. : M506
⚫ Waste Class : Arsenic and its
Compounds
⚫ Waste No. : D402
 HW from busted Batteries
Alkaline Cell
Zinc-Carbon Cell
(Zn & MgO2)
(D499)
(D499)

Lithium Cell Mercury Cell

(D499) (D407)

Nickel-
Silver Oxide Cadmium Cell
Cell (D499) (D404)

Nickel Metal Lithium Ion

Hydride Cell Cell (D499)
(D499)
 HW from busted Electrical Equipment
Miscellaneous Waste
 Waste Class : Waste
Electrical & Electronic
Equipment (WEEE)
 Waste No. : M506
 HW from Health Care Facilities
⚫ Waste Class
:Pathogenic or
Infectious Waste
⚫ Description: Tissues,
Organs, Fetuses,
Blood &
Body Fluids
⚫ Waste No. : M501
⚫ Example: Syringe,
Blood Lines
 HW from Used Containers
⚫ Waste Class
:Containers
⚫ Description:
Containers
previously
containing chemical
substances
⚫ Waste No. : J201
 Sectors Covered
1) Hazardous Waste Generators
2) Hazardous Waste Transporters
3) Hazardous Waste Treatment, Storage &
Disposal (TSD) Facility
4) Hazardous Waste Importers and Exporters
 Requirements for HW Generators
1. Determine if generated wastes are hazardous
2. Designate a full-time Pollution Control Officer (PCO)
3. Registration of the hazardous wastes generated from the
operations of the establishment
4. Implement an Emergency/Contingency Plan
5. Communicate to your employees the hazards posed by improper
handling, storage, transport, use and disposal of hazardous
wastes
6. Notify EMB and provide info on the type and quantity of HW
generated in prescribed form
➢ Self Monitoring Report (SMR)
 Requirements for HW Generators, cont.

7.Continue to OWN and be RESPONSIBLE for Hazardous Wastes

generated or produced until such wastes have been certified by
waste treaters as adequately treated, recycled, reprocessed or
disposed.
➢Observe proper storage of wastes
➢Observe proper labeling of containers and storage area of
wastes

8. Comply with the Manifest System for disposal of hazardous

wastes.
 STORAGE REQUIREMENTS
✓ Storage area must be:
- Accessible
- Enclosed but have adequate ventilation
- Properly secured and not easily accessed by unauthorized persons
- Have provision for proper waste segregation
- Have floorings that are impermeable to liquids, resistant to chemical
attacks and not slippery
- Have containment for spillages
- With emergency response equipment
✓ Containers should be:
- Appropriate for the type of waste
- Raised from the floor to allow passage and circulation of air
- Should be labeled of its contents
- Regular check of leaks
WATER ENVIRONMENT ASSOCIATION OF THE PHILIPPINES (WEAP(, INC. DENR – ENVIRONMENTAL MANAGEMENT BUREAU (DENR – EMB)
 LABELING REQUIREMENTS
⚫ Minimum size of 20 cm x 30 cm or readable 5 meters away
⚫ Color of the label is yellow for the background and black for letters
conspicuously marked in paint or other permanent forms of marking
⚫ Material of label should be scratch-proof and resistant to tampering
and weathering
⚫ Label is accompanied by a placard corresponding to characteristics
of the hazardous waste contained in the vessel, container, tank or
containment building as specified in Sec. 6.2 of DAO 2013-22

❖ Labeling must be done at the generator’s facility

❖ Additional label for waste export (international standard)
Placards Accompanying the Label

• Class 1 - Explosives
• Class 2 – Flammable Gases
• Class 3 – Flammable/Combustible Liquids
• Class 4 – Flam. Solids/Dangerous When
Wet
• Class 5 – Oxidizers and Organic Peroxides
• Class 6 – Toxic Materials/Infectious
Substance
• Class 7 – Radioactive Materials
• Class 8 – Corrosive Materials
• Class 9 - Miscellaneous
 Specifications of Placard

1. Minimum size of the placard is 10cm x 10cm

for vessels, containers, and tanks or
readable from 5 meters afar
2. For waste transporting vehicles, readable
from 10 meters afar and a minimum size of
30cm x 30cm
3. Basic shape of the placard is a square
rotated 45 degrees to form a diamond
4. At each of the four sides, a parallel line shall
be drawn to form an inner diamond 95 % of
the outer diamond.
5. The color should follow the colors specified
in Section 6.3 of DAO 2013-22
HAZARDOUS WASTE
TRANSPORTER
 Responsibilities of Waste Transporters
✓ Register and be accredited by DENR EMB
✓ Transport only after issuance of Transport Permit and upon approval of
Manifest of Transport
✓ Duly authorized driver keeps the following in the vehicle at all times:
• Print out of the approved manifest
• Emergency response plan specific to the wastes
• Emergency response equipment
• Communication equipment
• Approved route (avoid densely populated areas, watershed..)
✓ Provide adequate trained helpers
✓ Ensure that its vehicle have warning signs, markings and other DOTC
requirements
 Responsibilities of Waste Transporters, cont.
✓ Attached placards on conveyances as specified in Labeling Requirements
✓ Receive wastes that are properly packaged and labeled and transport the
entire quantity to the Treatment, Storage & Disposal facility indicated in the
manifest.
✓ Immediately inform the waste generator (who shall in turn inform the EMB
Regional Office) in extreme cases where wastes cannot be delivered to the
destination indicated in the manifest form. The waste generator shall instruct
the waste transporter to return the waste to the waste generator.
✓ Ensure that wastes of different subcategories or different waste generators are
not mixed during transport, trans-shipment & storage.
✓ Immediately notify EMB Regional Office(s) having jurisdiction over the
generator and transporter, the DOTC, the local police, and other parties listed in
the emergency contingency plan in case of accidents or spills and clean-up
contamination according to the spill response plan, and file within 5 days
detailed Incident Report.
✓ Include the shipping vessel in the manifest in case of inter-island shipment
Treatment, Storage & Disposal (TSD)
FACILITY
 Categories of TSD facilities
Category Description
A Facilities that conduct onsite treatment and disposal of HWs
generated within the facility

B Facilities that conduct treatment of HWs using thermal

technologies (burn or non-burn)

C Landfills that accept HWs for final disposal

D Facilities that recycle or reprocess HWs which are not produced
at the facility

E Facilities that accept and treat HWs which are not generated at
the facility using immobilization, encapsulation, polymerization or
physico-chemical processes.

F Facilities that store HWs that are not generated from the facility
and awaiting transport for treatment, disposal or export.
 Requirements for HW TSD Facilities

1. Register and be a DENR EMB-accredited HW Treatment,

Storage and Disposal Facility
2. Properly treat the HW within forty-five (45) days from
receipt of the waste
3. Proper maintenance of its equipment and facility
4. Comply with the Manifest System
▪ Signify acceptance of HW brought to their facility
▪ Issue a Certificate of Treatment (COT) of the waste
that underwent treatment.
Hazardous Wastes Importers
and Exporters
 Responsibilities of HW Importers/Exporters

✓Comply with the requirements of the Basel Convention on the

Control of Transboundary Movements of Hazardous Wastes
and their Disposal.
✓ Secure Import / Export Clearance
✓Comply with the storage and labeling requirements.
✓Comply with the Manifest System or waste transport record.
✓Secure a TSD facility permit if the storage of imported
materials exceeds thirty days or if the importer will be doing
the treatment of the imported materials.
DENR Administrative Order No. 28, Series of 1994: The Interim Guidelines
On The Importation Of Recyclable Materials Containing Hazardous
Substances

 Allows the importation of the following recyclable

materials:
scrap metals (lead acid batteries & metal bearing sludge)
solid plastic materials
electronic assemblies and scraps
 All importation must follow the requirements and
procedures of the Basel Convention
Notification/Consent between Parties
Wastes to be Imported must have a definite receiving facility
with the essential environmental permits and clearance
 HAZARDOUS WASTE (HW) MANAGEMENT CYCLE

Transporter
Registration

HW Transporter
(5) Memorandum of Agreement
with Transporter & TSD Facility (9) (9)
(9)
Permit to Transport
(4) SMR

(7)
Manifest of Transport
(3) Storage & Labeling

(13)
(2) HWID TSD Registration
(6) (10)

(1) PCO EMB Regional Office

(8)

(12) (12) (11)

Certificate Of
Treatment HW Treatment, Storage &
HW generator Disposal (TSD) Facility

HAZARDOUS WASTE MANIFEST SYSTEM

(Online)
Online Hazardous Waste Manifest System
⚫ 1. Appoint Pollution Control Officer (PCO) and apply for
accreditation.
⚫ 2. PCO secures Hazardous Waste Generator (HWG)
Registration
⚫ 3. HWG observes proper storage and labelling of
hazardous wastes.
⚫ 4. PCO prepares and submits Self Monitoring Report
(SMR).
⚫ 5. Establishment enters into a Memorandum of
Agreement (MOA) between DENR accredited Hazardous
Waste Transporter and Hazardous Waste TSD facility
prior to hauling/disposal and treatment of wastes.
⚫ 6. HWG applies for Permit to Transport (PTT) hazardous
wastes.
⚫ 7. EMB issues PTT.
Online Hazardous Waste Manifest System
⚫ 8. HWG PCO secures Manifest of Transport for every
hauling of wastes.
⚫ 9. HW Transporter accepts Manifest of Transport and
thereafter hauls and transports wastes to the TSD facility.
⚫ 10. PCO of the TSD facility signifies acceptance of Manifest of
Transport and begins the treatment of the wastes.
⚫ 11. TSD facility issues a Certificate of Treatment (COT) for the
treated wastes.
⚫ 12. COT is uploaded to the online system and HWG gets a copy.
⚫ 13. The Manifest of Transport and COT forms part of the
attachments/supporting documents in the next submission of the
SMR.
 PROCESSING
FRONTLINE SERVICES (PERMITS) FEE
TIME (Days)

1 Registration of Hazardous Waste Generators P1,000 20

2 Permit to Transport Hazardous Wastes (HW) P1,000/HW 20

3 Annual Registration of a TSD Facility P15,000 30

P1,000/
4 Annual Registration of a HW Transporter vehicle
30

5 Import Clearance for materials containing HW P3,000 20

6 Export Clearance for materials containing HW P3,000 20

7 Registration of Importer of HW P 7,000 20

EMB Regional Office EMB Central Office

 PENAL PROVISIONS

WATER ENVIRONMENT ASSOCIATION OF THE PHILIPPINES (WEAP(, INC. DENR – ENVIRONMENTAL MANAGEMENT BUREAU (DENR – EMB)
 CHEMICAL MANAGEMENT VIOLATION* FINES (PhP)
1 Non-registration pursuant to the provisions of PCL, 50,000
PMPIN and CCO

2 Operating with an expired Permit/Clearance 40,000

3 Non-compliance with the conditions of the 10,000 – 40,000

Permit/Clearance

4 Misrepresentation, inaccurate or inconsistent 50,000

information of data/information submitted during
registration and securing of permits

5 Environmental damages 50,000

*EMB Memorandum Circular 2005-003

 HAZARDOUS WASTES MANAGEMENT VIOLATION FINES (PhP)

1 Failure to provide information upon registration as HWG 50,000

2 Failure to comply with reporting requirements 50,000

3 Failure to comply with the conditions of the permit 50,000

4 Failure to comply with labeling requirements 50,000

5 Failure to submit a completed copy of the Hazardous Wastes Manifest Form 50,000
(attachment to the SMR)

6 Performs the functions of a TSD without a Permit 50,000

7 Conveys HW without the required permits & manifest form 50,000

8 Conveys HW without proper labels and placards 50,000

9 Accepts HW without the proper manifest 50,000

10 Stores, recycles, treats or disposes HW without a TSD facility permit 50,000

11 Imports recyclable materials containing hazardous substances without an 50,000

import clearance

12 Exports materials containing hazardous wastes without an export clearance 50,000

Generators Transporters TSD Facilities Importers/Exporters

WATER ENVIRONMENT ASSOCIATION OF THE PHILIPPINES (WEAP(, INC. DENR – ENVIRONMENTAL MANAGEMENT BUREAU (DENR – EMB)