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REPUBLIC ACT 6969

(Toxic Substances and Hazardous


and Nuclear Waste Control act of
1990)

PERMITTING
PROCEDURES &
REQUIREMENTS
Presented by:

AGNES L. AZUL
OIC, Toxic Chemical & Hazardous Waste Management
Section
DENR-EMB ROV
Rawis, Legazpi City
R.A. 6969

 Title: Toxic Substances and Hazardous and Nuclear


Wastes Control Act of 1990

 Scope: Import/export, manufacture, sale, transport,


usage of chemicals/substances, including generation,
import/export, transport, treatment, storage and
disposal of hazardous wastes
RA 6969: POLICIES

1. Regulate, limit, and prohibit the importation, manufacture,


processing, sale, distribution, and use, and disposal of
chemical substances and mixtures that present unreasonable
risks to public health and environment.
2. Prohibit the entry, even in transit, of hazardous and nuclear
wastes and their disposal into Philippine territory.
3. Facilitate the conduct of information and research of
chemical substances.
Implementing Rules and Regulations of
R.A. 6969

 DAO 92-29: The Implementing Rules and Regulations


› Title II- Toxic Substances (Chemicals) Management [PICCS, PMPIN, PCL,
CCO-Hg, CN, Asbestos, ODSs, PCB]
› Title III- Hazardous Waste Management

 DAO 2013-22: Revised Procedures and Standards for the


Management of Hazardous Wastes (Revising DAO 2004-36) -
12.4.13
› Registration of Hazardous Waste Generator
› Registration of Hazardous Waste Transporters
› Hazardous Waste Manifest System
› Registration of Treatment, Storage and Disposal (TSD) Facilities
Implementing Rules and Regulations of
R.A. 6969
 DAO 97-38: CCO for Mercury and Mercury Compounds;
 DAO 97-39: CCO for Cyanide and Cyanide Compounds;
 DAO 2000-02: CCO for Asbestos;
 DAO 2004-01: CCO for PolyChlorinated Biphenyls (PCBs);
 DAO 2013-25: Revised Regulations on the Chemical Control Order for
Ozone Depleting Substances (ODS) 12.26.13
 DAO 2004-08: amending DAO 2000-18 and 2002-22, CCO for Ozone
Depleting Substances (ODS);
 DAO 2013-24: CCO for Lead and Lead Compounds 12.23.13;
 DAO 2005-27: Revised Priority Chemical List
 JOINT DENR-DOH AO 2005-02: Policies & Guidelines on effective &
proper handling, collection, transport, treatment, storage & disposal of
Health Care Wastes
 JOINT DENR-DOE AO 2013-09-0001 – Lighting Industry Waste
Management Guidelines 9.24.13 (notarized)
Health
TOXIC CHEMICALS
MANAGEMENT
(Title II: Permitting Requirements)
DEPARTMENT ADMINISTRATIVE ORDER 1992-29
Implementing Rules and Regulation of RA 6969
TITLE II-Toxic Chemical Substances

CCO (6)

PCL (48)

Sec. 14: PICCS (46, 989)

New Chemicals

SQI PMPIN
Section 14: Inventory of Chemicals and Chemical Substances
(PICCS)

• Compile, maintain and update the inventory of chemical


substances that are stored, imported, exported, used,
processed, manufactured and transported in the country

*International Union of Pure and Applied Chemistry

(MC 2014-001: 1.10.14)


Requirements (PICCS Certification):
Timeframe: 15 working days (EMB CO)
 Application Form including reason for the request
 Material Safety Data Sheet (MSDS)/ Safety Data Sheet (SDS)
 Chemical Name (IUPAC Nomenclature); Common and other
names or Trade Name
 If a component of a product, to include:
Product name
Other components of the product
 Claims for confidentiality can be included
 Registration Fee (Php 450.00/ chemical)
Section 15: Pre-Manufacture and Pre-Importation Notification
(PMPIN)

 To be secured by importers and manufacturers of new chemicals (not


listed in the PICCS)

 screen toxic chemicals and chemical substances prior to its use, sale, and
distribution in the Philippine commerce

 ensure that chemicals and substances found to be toxic or hazardous be


denied of being manufactured, imported and placed under strict control,
restriction, and limitation in its use including its possible release to the
environment
Requirements (PMPIN):

Timeframe: Maximum of 180 working days (EMB CO)


 Duly accomplished and notarized PMPIN Form (Abbreviated
or Detailed as appropriate)
 Official Receipt of the Processing Fee
 Material Safety Data Sheet (MSDS)/Safety Data Sheet
(SDS)
 Certification/ Relevant Studies as attachments to the PMPIN
Form
 Registration Fee
 Abbreviated Form – Php 2,150.00/chemical
 Detailed Form – Php 3,750.00/ chemical
Priority Chemical List (PCL)

 List of chemicals that are determined to pose significant or


unreasonable risk to human health and the environment

 Chemicals and its compounds considered to be strictly regulated

 Requires special reporting due to its significant toxic effects either


acute or chronic
 carcinogenic
 mutagenic
 teratogenic
 persistency
 bio-accumulation
Requirements (PCL) Registration:

 users, manufacturers, distributors, and importers are required to:


 register as hazardous waste generator at the EMB RO’s
 submit Biennial Report
Requirements (PCL) Registration:

EMB CO
1. Annual Report Form (Notarized)
2. Letter of Application
3. Summary of Chemical Importation (for Importers /
Distributors only)
4. List of Customer / Clients (Importer only)
5. DENR ID
6. ECC/ Certificate of Non-Coverage (CNC)
7. Management Operations Flow Chart
Requirements (PCL) Registration:

8.Chemical Management Plan


9.Contingency Plan
10.Photos of the Storage Facility/Warehouse
11.Annual Monitoring Result (for manufacturers/ users
only)
12.Registration Fee
• Certification for PCL biennial report
- Php 500.00/
company
CHEMICAL CONTROL ORDER (CCO)

Registration of importers, manufacturers,


sellers, and users of regulated chemicals under
the Chemical Control Order (CCO):
1.Asbestos,
2.Cyanide and Cyanide compounds,
3.Mercury and Mercury compounds,
4.Ozone Depleting Substances (ODS), and
5.Polychlorinated Biphenyls (PCB)
6.Lead and Lead Compounds
Requirements (CCO):
(for importer, user, manufacturer of regulated chemicals e.g.
cyanide, mercury and asbestos)
Timeframe: Maximum of 30 working days (EMB RO)
• Duly accomplished and notarized CCO Registration Form
• Copy of SEC or DTI Registration & Business Permits
• Copy of valid Mineral Processing Permit for gold processing/
mining (Memo dated 11 Nov. 2011)
• Process/ production flow chart for manufacturing operation
• Chemical Management Plan
• List of prospective buyers and allocations for each (for CN and Hg
distributors only)
• Hazardous Waste Management Plan
Requirements (CCO):
(for importer, user, manufacturer of regulated chemicals e.g.
cyanide, mercury and asbestos)

• Results of air monitoring data at the workplace for


manufacturing operation (for Asbestos only)
• Certification of liabilities of parties to compensate for damage
to life and properties in case of emergencies and accidents
• Photo documentation of storage facility & operations
• Copy of environmental permits
•  Registration Fee:
• New – Php 2,250.00/ chemical
• Renewal –Php 1,450.00/ chemical
NAME OF COMPANY
Address
CHEMICAL MANAGEMENT PLAN

Objective:
To ensure that the chemical is
being managed in a manner that
will eliminate or minimize its
risks to people and
environment.
CHEMICAL MANAGEMENT PLAN OUTLINE
(for cyanide and mercury per Section 13.5 of DAO 97-39 and 97-38)

1. General Description
(a) Location, owner, operator
(b) Industrial activities at the premises
(c) Number of employees
(d) Other relevant information
2. Uses of the chemical at the Premises
(a) Description of the processes that use cyanide or mercury
(b) Listing of raw materials used containing cyanide or mercury
CHEMICAL MANAGEMENT PLAN OUTLINE
(for cyanide and mercury per Section 13.5 of DAO 97-39 and 97-38)

(c) Listing of wastes generated containing cyanide or mercury


– wastewater
– air
– solid wastes
(f) Mass balance of cyanide or mercury
(g) Description of pollution control devices in use
(h) Description of compliance with the Department’s rules and regulations
(i) Description of emergency procedures and contingency plans in case of
accidents
CHEMICAL MANAGEMENT PLAN OUTLINE
(for cyanide and mercury per Section 13.5 of DAO 97-39 and 97-38)

3. Wastes Minimization Program and Pollution Prevention Program

4. Training Program
(a) Workers in contact with the chemical
(b) Workers managing wastes
Importation Clearance (IC) of Chemicals under CCO

•For the importation of chemicals under CCO;

•Valid for six months or until the volume of import


indicated in the clearance has been done;
NAME OF COMPANY
Address
Requirements (IC):
(Cyanide, Mercury and Asbestos)

Timeframe: 20 days (EMB RO)


• Duly accomplished application form, notarized (form
A, B, C, D)
• Copy of CCO Registration
• Copy of Bill of Lading and other post-conditional
requirements of previous shipment/s
• Copy of Import Entry & Internal Revenue
Declaration (IERD) of previous shipment/s
Requirements (IC):
(Cyanide, Mercury and Asbestos)

• BFAR endorsement (for cyanide users only)


• MGB endorsement (for mercury)
• List of registered users (for cyanide and mercury
distributors only)
• Accountability Statement (notarized)
• Latest Inventory Report
• Clearance Fee : Php700.00/ chemical
HAZARDOUS WASTES
MANAGEMENT
(TITLE III: PERMITTING REQUIREMENTS)
CHARACTERISTICS OF
HAZARDOUS
WASTE
 Exhibits any of the characteristics of HW:
 TOXICITY: poisonous (acute) and have carcinogenic, teratogenic, or
mutagenic effect on human and/or other organisms
 IGNITABILITY: can create fire under certain conditions; friction
sensitive substances like solvents
 CORROSIVITY: acidic or basic capable of corroding metals; by
chemical action, can cause severe damage when in contact with living
tissue e.g. HCl,HNO3
 REACTIVITY: unstable under normal conditions and readily undergo
violent changes without detonating; reacts violently with water and create
spontaneously explosive mixtures like toxic gases, vapors, and fumes and
are capable of detonating e.g. cyanide or sulfur bearing substances
DENR Administrative Order No. 2013-22
REVISED PROCEDURES AND STANDARDS FOR
THE MANAGEMENT OF HAZARDOUS WASTES
(Revising DAO 2004-36)

issued 04 December 2013


Categories of Hazardous Waste Generators
Hazardous Waste Type Large Medium Small Generator
Waste Generator Generator kg/yr
Number kg/yr kg/yr
   
A101 Wastes with Cyanide  
L403 ODS  
L404 PCB Wastes
M502 Asbestos Wastes >10,000a 10,000-5,000 <5,000
M501 Pathological or Infectious  
  Wastes
M503 Pharmaceuticals and Drugs
   
D401-D499 Waste with Inorganic  
Chemicals
E501-E599 Reactive Chemical Waste  
F601-F699 Inks/Dyes/Pigments/  
Paint/Resins/Latex/
Adhesives/ Organic
Sludge >20,000b <10,000
G703-G704 Waste Organic Solvents 20,000-10,000
K301-K303 Stabilized Waste  
L401-L402 Other Organic Chemicals  
M504- Miscellaneous Waste  
M506
   
Categories of Hazardous Waste Generators
Hazardous Waste Type Large Medium Generator Small Generator
Waste Generato kg/yr kg/yr
Number r
kg/yr
B201-B299 Acid Wastes    
   
C301-C399 Alkali wastes    
I101-I104 Used or Waste Oil 36,000-18,000
>36,000c <18,000
 

J201 Empty Chemical Containers    


     
H802 Grease wastes >500,000d 500,000-250,000 <250,000

     
M507 Busted lamps >100 100-50 pcs/yr <50 pcs/yr
pcs/yr  
 
Categories of Hazardous Waste Generators
Notes:
a. Based on less than 50 kg/day hence round off to 10,000 kg/yr
b. Based on 20,000 kg/yr, roughly equivalent to 100 drums per year (~200 L capacity)
or less than 10 drums per month or less than 0.3 drum per day.
c. Based on 36,000 kg/yr, roughly equivalent to 180 drums per year (~200 L capacity)
or 15 drums per month or 0.5 drum per day.
d. Based on 500,000 kg per year of organic wastes that can fill a lagoon or dumpsite of
around 50 square meters with a depth of one meter.

In case of establishments generating two types of waste, the establishment


is classified as a large generator. The Bureau may from time to time update
the categories of waste generators, once data becomes available.
Compliance Requirements of Waste Generators
Compliance Requirements

Category Designa- Storage Storage Continge


Regis- Repor- Manifest
tion of and Time ncy Training
tration ting System
PCO Labeling Limit Planning

Large
Quarter- 6
quantity Yes Full time Yes Yes Yes Yes
ly months
generators

 
 
Medium              
 
quantity Yes Full time Yes 1 year Yes Yes Yes
Semi-
generators              
Annual
               
 
               
 
Small Yes Full-time Yes 1 year Yes Yes Yes
Annual
quantity              
 
generators
Requirements for Waste Generators

Waste generators are required to register


online and pay the
registration fee to the EMB Regional Office
having jurisdiction over the
location of the waste generator. A DENR I.D.
Number shall be issued by the
EMB Regional Office upon registration of the
waste generator
Requirements for Waste Generators
Duly registered waste generators shall perform the following
activities:

a.Designate a full-time Pollution Control Officer (PCO)

b. Register online and disclose to the Department the type and


quantity of waste generated, submit all the required documentary
requirements, and pay the prescribed fee to the EMB Regional
Office having jurisdiction over the waste generator

c. Until such time that an integrated environmental database is


developed, submit online the Hazardous Waste Management
portion of the company's Self-Monitoring Report, which shall
include the type and quantity of waste generated and transported
offsite for treatment or storage
Requirements for Waste Generators
Unless specified, all requirements in this Procedural
Manual apply to both large and small quantity
generators.

The provisions of this procedural manual shall be


applied to hazardous waste generators one (1) year
from issuance hereof. Provided, however, that
compliance may further be deferred until such time as
may be deemed necessary by the Secretary of the
Department of Environment and Natural Resources.
Requirements for Waste Generators

d. Implement proper waste management from the time the


wastes are generated until they are rendered non-hazardous by
complying to the Hazardous Waste Storage and Transport
Requirements (Chapters 6 and 7 of this Procedural Manual)

e. Continue to own and be responsible for the wastes generated


in the premises until the wastes have been certified by an
accredited waste treater as adequately treated, recycled,
reprocessed, or disposed off

f. Adhere to the hazardous waste transport manifest system


when transporting hazardous wastes for offsite treatment,
storage, and/ or disposal (Chapter 7 of this Procedural Manual)
Requirements for Waste Generators

g. Prepare and submit to the Department comprehensive


emergency preparedness and response program to mitigate
spills and accidents involving chemicals and hazardous wastes
(Chapter 8 of this Procedural Manual)

h. Communicate to its employees the hazards posed by the


improper handling, storage, transport, use and disposal of
hazardous wastes and their containers

i. Develop capability to implement the emergency preparedness


and response programs and continually train core personnel on
the effective implementation of such programs
Management Responsibility & Structure
Waste generator is responsible for the proper management. of
hazardous wastes from the time they are generated until they
are rendered non-hazardous as certified by EMB-registered
hazardous waste treater or recycler.

Top management of waste generator shall designate a full-time


PC0 that will be responsible for the day-to-day management of
wastes generated in the facility. The designated PC0 shall have
the appropriate competency to manage wastes, be in the form of
education, experience, and training

Similarly, personnel working directly with hazardous wastes shall


have appropriate competency to handle wastes, be in the form of
education, experience, and training.
Requirements for Proper Waste Management
1. Waste Storage Requirements

2. Pre-Transport Requirements

3. Use of Registered Waste Transporters and TSD Facilities

4. Use of the Online Hazardous Waste Manifest System in


Transporting

 comply with the Hazardous Waste Manifest System as described in


Chapter 7 of this Procedural Manual

5. Confirmation of Treatment or Disposal Completion

 Certificate of Treatment within 45 days after the wastes are


received for treatment
Pre-Transport Requirements

Before wastes are transported waste


generators shall ensure that the risk of
untoward incident during transport is
minimized
Emergency Contingency Program

shall follow the Guideline for Preparing


Emergency Contingency Plan as
discussed in Chapter- 8 of this
Procedural Manual
Personnel Training

Waste generator must ensure that their personnel


working directly with hazardous wastes are
properly trained in accordance with Chapter 9 of
this Procedural Manual.
REQUIREMENTS FOR WASTE
TRANSPORTERS
1. Official Letter of Request
2. Duly notarized affidavit attesting to the truth, accuracy and
genuineness of all information, documents and records
contained and attached in the application
3. Accomplished Registration Form for HW Transporter (Form C)
4. Business Permit and SEC Registration Certificate
5. Description and Specification of Conveyance, Details of
Transport Service
6. Photographs of conveyance (inside and outside parts of
vehicle)
7. Proof of ownership of the vehicle (Official Receipt and
Certificate of Registration)
8. Registration from Land Transportation Office, including the
result of air emission testing
REQUIREMENTS FOR WASTE
TRANSPORTERS

9. Provision of an appropriate facility that will be used as


garage for the vehicles (include sketch
map and photographs)
10. Certification from the Department of Transportation and
Communication (DOTC) signifying that the vehicle(s) is
(are) fit to transport hazardous materials
11. Name of Drivers and other personnel including proof of
competency:
Certified true copies of Professional Driver’s License,
indicating that the proposed drivers have the appropriate
licenses to drive the vehicles for waste transport
REQUIREMENTS FOR WASTE
TRANSPORTERS
 Certificate of Training from duly recognized trainings on waste
management and emergency preparedness and response. The
training certificate must have been issued within the last three (3)
years. The training shall cover the following topics and must be at
the minimum of eight (8) hours:
o Waste identification and classification
o Hazard Categorization and Operability
o Separation and segregation
o Placards and Label
o Personal Protective Equipment
o Safety Data Sheet
o Emergency and Contingency Planning
o Applicable Government Regulations
REQUIREMENTS FOR WASTE
TRANSPORTERS
12. Contingency and Emergency Plan based on Risk
Assessment Studies
13. Financial guarantee (commercial insurance, surety bond,
trust fund, or a combination thereof, whose amount is
commensurate to the identified risks and callable upon demand
by the Department during spill or emergency)
14. Valid contract with a registered TSD facility (ies)
15. Duly notarized accountability Statement on liabilities and
responsibilities in case of spill or emergency
16. Duly notarized affidavit of undertaking [vehicle(s) is (are) to
be solely used in transporting HW]
17. Summary of Transport Permits issued (for renewal)
GOVERNING RULES AND REGULATIONS
FOR
HAZARDOUS WASTE TRANSPORTERS
 Responsibilities of Waste Transporters
oWaste transporter caught transporting waste not included in the
Hazardous Waste Manifest Acknowledgment Letter shall
automatically be removed from the Hazardous Waste Manifest
System until such time that the case is resolved by the EMB
Waste Transport Vehicles
omust comply with regulations regarding labeling, inspection, use,
pressure devices, puncture resistance, and thermal protection
Requirements for Waste Vehicle Holding Facility (Garage)
osecured and designated facility for parking when not in use
Change of Information In the Waste Transporter Registration
Data
Renewal Of Registration
oOne month before expiration
REQUIREMENTS FOR
HAZARDOUS WASTE TREATMENT, STORAGE
AND DISPOSAL (TSD) FACILITIES
1. Official Letter of Request
2. Duly notarized Affidavit attesting to the truth, accuracy and genuineness of all
information, documents and records contained and attached in the application
3. Accomplished Registration Form for HW Treater (Form B)
4. Copy of Environmental Compliance Certificate (ECC) (if amendment/renewal)
5 . Valid Permit to Operate
6. Valid Discharge Permit
7. Environmental Guarantee Fund (as per DAO 2000-05)
8. Initial Environmental Examination (IEE) or Environmental Impact Statement
(EIS) submitted to EMB Regional Offices (if amendment/renewal)
REQUIREMENTS FOR
HAZARDOUS WASTE TREATMENT, STORAGE
AND DISPOSAL (TSD) FACILITIES
9. Process Flow Diagram and detailed description of each treatment/recycling
process identifying all/by products and residues (if amendment/renewal)
10. Pollution Control Officer accreditation certificate (if new PCO is designated)
11. Storage Management plan for raw materials, residues, by-products and end-
products (if amendment/renewal)
12. Long term plan for the recycled/processed/recovered/end-product (if
amendment/renewal)
13. Photograph(s) of the facilities showing processing areas, storage areas (if
amendment/renewal)
14. Contingency and Emergency Plan based on Hazard Identification and Risk
Assessment Studies; and
15. Valid contract with a registered Transporter(s)
GOVERNING RULES AND REGULATIONS FOR
HAZARDOUS WASTE TREATMENT, STORAGE
AND DISPOSAL (TSD) FACILITIES
 Minimum Considerations for Siting TSD Facilities
 Requirements for Siting TSD Facilities
 Requirements for Renewal of a TSD Facility Registration
 Conditions to Amend a TSD Facility Registration
 Cancellation of a TSD Facility Registration
 Waste Acceptance Criteria
 Minimum Considerations for Post-Closure of TSD Facilities
GOVERNING RULES AND REGULATIONS FOR
HAZARDOUS WASTE TREATMENT, STORAGE
AND DISPOSAL (TSD) FACILITIES

No wastes shall be stored, recycled, reprocessed,


treated facilities prescribed in Section 5.1 and
disposed of in facilities other than those
permitted by the Department.
HAZARDOUS WASTE STORAGE AND LABELING

Storage Facilities

 Storage Time Limits


o maximum hazardous waste accumulation time is one (1) year, except for wastes
that have no existing infrastructure for proper treatment and disposal
 Types of Vessels, Containers, Tanks, and Containment Buildings
 Appropriate Containers per Type of Wastes
HAZARDOUS WASTE STORAGE AND LABELING

Labeling Requirements
 Form of Labels Attached to Vessels, Containers, Tanks, and Containment
Buildings
 Basic Form of the Label Attached to Vessels, Containers, Tanks, and
Containment Buildings containing Hazardous Waste
 Position of the Label Attached to Vessels, Containers, Tanks, and
Containment Buildings
 Placards Accompanying the Label
 Specifications of the Placard
 Position of the Placard Attached to Vessels, Containers, Tanks, and
Containment Building
HAZARDOUS WASTE STORAGE AND LABELING

Packaging Requirements

 Requirements for Vessels, Containers, Tanks, and Containment Buildings


 Packaging Procedures
HAZARDOUS WASTE TRANSPORT RECORD
(MANIFEST SYSTEM)
 Waste Generator Initiating the Process
 Transporter Continuing the Manifest Application
 TSD Facility Continuing the Manifest Application
Emergency Contingency Program

Objective:

The Contingency Program is developed and designed


to mitigate and combat spills involving chemical
substances and/of hazardous wastes.
Emergency Contingency Program
Content of Contingency Program:
- Emergency Response Organizational
Structure
- List of Potential Emergencies and Scenario
- Specific Procedure for Responding to Spills
or Chemical Releases
- Schedule and Conduct of drills
Emergency Contingency Program
Content of Contingency Program:

- Training and Awareness Plan


- Reporting and Record Keeping
- Updating of contingency Program
Emergency Contingency Plan
- Types of potential emergencies arising
from waste handling, storage and
treatment and disposal
- Emergency preparedness and response
including response to fire, explosion, etc.
- Health and safety plans
- Personnel protective equipment
- Decontamination procedures
- Incident command system
PERSONNEL TRAINING

 Hazardous Waste Management


 Contingency Plan
 Compliance Monitoring Procedures
IMPORT OF RECYCLABLE MATERIALS CONTAINING
HAZARDOUS SUBSTANCES AND EXPORT OF
HAZARDOUS WASTES

 Hazardous Waste are allowed to be exported for recovery, treatment and final disposal
and to countries which are Pa-ties to the Basel Convention on the Transboundary
Movement of Hazardous Wastes and their Disposal or to countries with existing
bilateral, multilateral and regional agreements as provided for in Article 1 1 of the
Convention.

 Import of recyclable materials containing hazardous substances or export of hazardous


waste, are approved by the DENR through the EMB Central Office when all the
requirements indicated in this Chapter are met. The import or export clearance shall be
issued after the consent from the Competent Authority of the importing and exporting
countries have been received by the EMB. An import or export clearance shall have
the validity of six (G) months, unless otherwise specified by the approval of the
importing country.
Thank you for listening!

World Wide Web: http://www.emb.gov.ph


Email : mis_emb_r5@yahoo.com
Fax : (052) 482-0197 local 117
Telephone : (052) 482-0326
Mail : DENR-Environmental
Management Bureau 5
Regional Center Site, Rawis,
Legazpi City

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