Read untitled text version

TABLE OF CONTENTS

I.

Overview of the Project

....................................... .......................................

1 1

II. Methodology of the Report III. General Policy on Waste Management and Recycling A. Constitutional Provisions on Environment Protection B. Philippine Environmental Policy (P.D. 1151) IV. Legal Framework on Responsible Waste Management and Recycling A. Laws on Air Quality 1. Philippine Clean Air Act of 1999 2. Philippine Environment Code (PD 1152) B. Laws on Quality 1. Philippine Clean Water Act of 2004 (Republic Act 9275) 2. Presidential Decree No. 979 3. Laguna Lake Development Authority (Republic Act 4850) 4. Commonwealth Act 383 C. Laws on Solid Waste Management 1. Philippine Environment Code (PD 1152) 2. Presidential Decree No. 825 3. Toxic Substances and Hazardous and Nuclear Wastes Control Act (Republic Act 6969) 4. Ecological Solid Wastes Management Act of 2000 (RA 9003) 5. Code on Sanitation of the Philippines (PD 856) 6. Environmental Impact Statement System

......................................... .........................................

2 3

......................................... .........................................

3 6

......................................... ......................................... ......................................... .........................................

7 11 12 15

......................................... .........................................

16 17

.........................................

18

......................................... ......................................... .........................................

21 33 36

V. Pending Bills in Congress VI. Government Campaigns and Programs that Promote and Advocate Responsible Waste Management and Recycling VII. Government Authorities and Departments Responsible for Environmental Law Enforcement 1. Department of Environment and Natural Resources (DENR) 2. National Solid Waste Management Commission 3. Project Management Office (PMO) on Solid Waste Management 4. Philippine Atmospheric, Geophysical and Astronomical Service Administration (PAGASA) 5. Environment and Natural Resources Office VIII. Role of Local Governments in the Enforcement of Environmental Laws Particularly on Waste Management and Recycling IX. Non-Government Organizations (NGOs), Associations and Foundations that Advocate Responsible Industrial Waste Management and Recycling Government Regulatory Framework in Waste Management Government Regulatory Framework a. Overview of government agencies and their divisions tasked to implement waste management-related laws

.........................................

37

.........................................

42

......................................... .........................................

43 45

.........................................

47

......................................... .........................................

48 48

.........................................

49

.........................................

53

X.

a.1. Department of Environmental and Natural Resources (DENR) a.2. Other government agencies concerned b. Hazardous Wastes Management b.1. Government policy on hazardous wastes b.2. Definition of hazardous wastes b.3. Classification of hazardous wastes b.4. Parties involved in the hazardous waste management b.5. Duties and Responsibilities of the Parties b.6. Pollution Control Officer b.7. Registration Requirements for the Parties b.8. International Waste Transactions (Exports and Imports) b.9. Waste Transport Record or Manifest System b.10. Hazardous Waste Storage and Labeling Requirements b.11. Penalties and Prohibited Acts c. Air Quality Management c.1. National Ambient Air Quality Guidelines Values

....................................... .........................................

64 67

......................................... ......................................... .........................................

74 75 75

.........................................

81

......................................... .........................................

82 89

.........................................

94

.........................................

107

.........................................

118

.........................................

122

.........................................

128

.........................................

130

c.2. Management of Attainment and NonAttainment Areas c.3. Air Pollution Clearances and Permits for Stationary Sources c.4. Emission Averaging c.5. Emission Trading c.6. System of Incentives c.7. Record-Keeping, Inspection, Monitoring and Entry c.8. Right of Entry, Inspection, and Testing c.9. Records Available to the Public c.10. Source Specific Ambient Air Quality Standards c.11. Motor Vehicle c.12. Fuel and Additives c.13. Incineration c.14. Substances and Pollutants d. Water Quality Management d.1. Integrated Water Quality Management Framework d.2. Water Quality Management System d.3. Water Pollution Permits and Charges d.4. Incentives and Rewards e. Environmental Impact Statement System f. Solid Waste Management f.1. Definition of Solid Waste

.........................................

130

......................................... ......................................... ......................................... .........................................

134 142 142 143

.........................................

144

......................................... .........................................

144 144

......................................... ......................................... ......................................... ......................................... .........................................

145 145 146 147 147

......................................... ........................................ ......................................... .........................................

148 148 151 159

.........................................

161

.........................................

166

f.2. Party responsible for Solid Waste Management Implementation f.3. Mechanism of the Local Solid Waste Management Plan f.4. Solid Waste Management Incentives f.5. Prohibited Acts and Penalties related to Solid Waste Management g. Chemical Management h. Monitoring and Auditing h.1. Self-Monitoring Report (SMR) System Design h.2. Ocular Inspection XI. Current Practices and Issues on Waste Management

.........................................

167

.........................................

167

.........................................

170

......................................... ......................................... .........................................

174 175 175

......................................... .........................................

176 176

..........................................

180

XII. Governmental Problems and Issues a. National Government b. Local Government XIII. Annexes A. Registration Form for HW Generator B. Registration Form for HW Transporter C. Registration Form for HW Treater D. Uniform Hazardous Waste Manifest Form E. Basic Form of the label attached to vessels, containers, and tanks containing hazardous waste ......................................... ......................................... 190 190

F. National Ambient Quality Guidelines Values G. National Emission Standards for Source Specific Air Pollutants (NESSAP) H. National Ambient Air Quality Standards for Source Specific Air Pollutants from Industrial Sources/Operations I. Categories of Projects or Undertakings under Environmental Impact Statement System J. Minimum Requirements for Segregation and Volume Reduction on the Container Requirements, Label Requirements and others K. Minimum standards for the collection, transport and handling of Solid Wastes L. Minimum Requirements for Establishing and Operating Transfer Stations M. Minimum Considerations for Siting and Designing Sanitary Landfills and Minimum Considerations for Operating Sanitary Landfills N. General Guidelines/Procedures in Conducting Waste Characterization Survey/Study O. DENR ­ EMB General Information Sheet (Self Monitoring Report) XIV. List of Acronyms XV. Sources/Reference Materials

I . OVERVIEW OF THE PROJECT

The rapid pace of technological advancement throughout the world has brought about an increased awareness of its impact on the environment giving rise to legitimate concerns about its negative effects and the concomitant necessity to preserve and protect the earth. In response to this growing concern, most if not all countries have set up their own policies and laws geared towards responsible waste management and proper recycling of industrial wastes. Surveys have revealed, however, that most Japanese manufacturers and/or investors lack the necessary information about such laws and regulations in other Asian countries particularly in the Philippines. The aim of this study then is to collate, analyze and integrate related laws, regulations and general policies of the Philippines relative to responsible waste management and recycling including practical issues and problems encountered in this area. The ultimate and practical objective is to guide and assist Japanese investors in complying with Philippine policies, laws and regulations and to ensure that their business decisions will be in accord with the said legal framework. II. METHODOLOGY OF THE REPORT

To gather the data for this project, legal research, ocular visits, site inspections and interviews of key resource personnel of both the government and non-government organizations were done by the team. The private establishments that were covered by our ocular visits were the 1) O.M. Metal Manufacturing Philippines located in Rosario Cavite, and 2) Hazardous Chemical Inc. (HazChem) located in Calamba, Laguna. A visit to the Environmental Management Bureau (EMB) of the Department of Environment and Natural Resources (DENR) was also done to interview several government officials. Persons interviewed were the following: Name 1. Agnes Vallejo 2. Engineer Mary Ann Pedroso 3. Eljohn Punongbayan 4. Elizabeth Carino Position Sales Adviser Pollution Control Officer Production Supervisor Science Research Specialist of the Hazardous Waste Management Section Plant Engineer/Safety Officer Inspection Officer Office O.M. Metal O.M. Metal O.M. Metal Environmental Management Bureau of the Department of Environment and Natural Resources Hazardous Chemical Inc. City Environmental and Natural Resources Office (Calamba, Laguna) Third Party Service Provider of the Philippines

5. Engineer Aldin Barrion 6. Nicanor Samson

7. Cesar Pacheco

President

JETRO IDE ­ Final Report February 20, 2006 Page 2

Research was also done in the Philippine Senate to secure the latest measures pending in the Philippine Congress relative to industrial waste management and recycling. A virtual visit to relevant websites was also conducted to gather information on various nongovernment organizations (NGOs) as well as various government campaigns and programs which advocate responsible waste management and recycling. A documentary review of the existing legal literature relevant to environmental law consisting of the Philippine constitution, statutes, orders, regulations and memoranda issued by various government agencies was also done by the team. The materials were collated and analyzed to form an integral part of the report under the title "Legal Framework". III. GENERAL POLICY ON WASTE MANAGEMENT AND RECYCLING The legal landscape on environmental law is based primarily on the prevailing 1987 Philippine Constitution which dictates the general policy of the government in the creation of laws. The supremacy of the Constitution is innate in a democratic society, thus, it becomes the fertile ground from which all laws should spring forth. The 1987 Philippine Constitution contains numerous provisions on the protection of the environment but this remains secondary to the primary responsibility of the State to protect the rights of its citizens particularly to health and to a healthy environment. The following relevant provisions embodied in the Constitution serve as the guiding policies for all branches of government in the enactment of laws (Philippine Congress), their execution (Executive Department) and adjudication of issues with respect to these laws (Judicial Branch). A. Constitutional Provision on Environmental Protection The 1987 Philippine Constitution embodies the following provisions on environment protection. Section 15, Article II

"The State shall protect and promote the right to health of the people and instill health consciousness among them."

Section 16, Article II

"The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature."

JETRO IDE ­ Final Report February 20, 2006 Page 3

Section 2, Article XII

"xxx The State shall protect the nation's marine wealth in its archipelagic water, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens xxx." "The Congress, may by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fish workers in rivers, lakes, bays and lagoons xxx."

B. Philippine Environmental Policy (PD 1151) Prior to the aforequoted 1987 Constitution, Presidential Decree PD No. 1151 was issued in 1977 by then President Ferdinand Marcos which laid the groundwork for future enactments of environmental laws stating therein the following general policy:

"Section 1. ­ Policy. It is hereby declared a continuing policy of the State a) to create, develop, maintain and improve work conditions under which man and nature can thrive in productive and enjoyable harmony with each other, b) to fulfill the social, economic and other requirements of present and future generations of Filipinos, and (c) to ensure the attainment of an environment quality that is conducive to a life of dignity and well-being."

PD 1151 has not been repealed and remains to be a guiding force for legislators in formulating environmental laws including those that deal with responsible waste management which we will now discuss in detail. IV. LEGAL FRAMEWORK ON RESPONSIBLE WASTE MANAGEMENT AND RECYCLING The Philippine environmental law, although relatively young, boasts of several provisions dealing with responsible waste management and recycling which can be neatly categorized into three (3) types. For purposes of clarity, we divide the discussion into laws that deal with responsible waste management relating to air, water and solid waste. A. Laws on Air Quality 1. Philippine Clear Air Act of 1999 Due to the insistent lobbying of both public and private, international groups as well as the intensive campaign conducted by local non-governmental organizations, the Philippine Congress enacted the first Philippine Clean Air Act of 1999 formally known as Republic Act (RA) No. 8749 entitled "An Act Providing for a Comprehensive Air Pollution Control Policy

JETRO IDE ­ Final Report February 20, 2006 Page 4

and For Other Purposes". An important and distinctive feature of this law is the ban on land-based incinerators found in Section 20 which provides as follows:

"Section 20. Ban on Incineration. ­ Incineration, hereby defined as the burning of municipal, bio-medical and hazardous wastes, which emits poisonous and toxic fumes, is hereby prohibited: Provided however, That the prohibition shall not apply to traditional small-scale method of community/neighborhood sanitation "siga", traditional, agricultural, cultural, health and food preparation and crematoria: Provided, finally that in the interim, such units shall be limited to the burning of pathological and infectious wastes, and subject to the close monitoring by DENR. Local government units are hereby mandated to promote, encourage and implement in their respective jurisdictions a comprehensive ecological waste management that includes waste segregation, recycling and composting. With due concern on the effects of climate change, the Department shall promote the use of the state of the art, environmentally sound and safe non-burn technologies for the handling, treatment, thermal destruction, utilization and disposal of sorted, unrecycled, uncomposted, municipal, biomedical and hazardous wastes."

In accord with the policy embodied in this law which focuses more on pollution prevention rather than on control, many in RA 8749 provides management programs on air pollution. Hence, Department of Environment and Natural Resources (DENR) is required to prepare an annual National Air Quality Status Report to be used as the basis in formulating the Integrated Air Quality Improvement Framework. This is provided in Section 7 of the law (Section 6) and mandates the same office (DENR) to formulate and implement the Integrated Air Quality Improvement Framework in coordination with the local government units (LGUs), non-government organizations (NGOs), the academe and other concerned entities from the private sector (Section 7). The other important features of this law are as follows: · Establishes emission standards specifically provided in the law. In line with this, the law requires the Department of Transportation and Communication (DOTC) to implement these emission standards for motor vehicles and to require all owners/operators to subject said motor vehicles for emission testing for the purpose of determining the concentration and/or rate of emission of pollutants discharged by them (Section 21). No motor vehicles shall be registered with the DOTC unless it meets the emission standards set by the DENR (Section 46). Prohibits smoking in public places/buildings and other means of transport or in any enclosed areas outside of one's private residence or private place of work.

·

JETRO IDE ­ Final Report February 20, 2006 Page 5

· · ·

Requires prior registration of the manufacture, sale and importation of any fuel or additives with the Department of Energy (DOE) (Section 27). Prohibits the manufacture, sale and importation of leaded gasoline and of engines and/or components requiring the use of leaded gasoline (Section 29). Requires the DENR to establish an inventory list of all sources of Persistent Organic Pollutants (POPs) in the country and to develop short and long term programs to reduce and eliminate POPs such as dioxins and furans (Section 32). Mandates the regulation of all projects that will involve the use of atomic and/or nuclear energy and will release and emit radioactive substances into the environment. Such regulation shall be done by the Philippine Nuclear Research Institute (PNRI) in coordination with the DENR and other appropriate government agencies. Requires the DENR within two years from the effectivity of this law and every two years thereafter, to review, or as the need arises, revise and publish emission standards to further improve the emission standards for stationary sources of air pollution (Section 19). Directs the Philippine Atmospheric, Geophysical and Astronomical Service Administration (PAGASA) to monitor metereological factors affecting the environmental conditions including ozone depletion and greenhouse gases. The said office is required to coordinate with the DENR to effectively guide air pollution monitoring and standard setting activities (Section 31).

·

·

·

Violation of any of the provisions of the Clean Air Act of 1999 will expose any natural or juridical person to any of the following penalties: · A fine of not more than P100,000.00 shall be imposed for every day of violation against the owner or operator of a stationary source, who will actually exceed any pollution or air quality standards provided under the Clean Air Act of 1999. The penalties shall be imposed through the Pollution Adjudication Board (PAB) (Section 45). In addition to the fines, the PAB shall order the closure, suspension of development, construction or operations of the stationary sources until such time that proper environmental safeguards are put in place. An establishment found liable for a third offense shall suffer permanent closure immediately. The penalty shall be without prejudice to the immediate issuance of an ex parte order for such closure,

·

JETRO IDE ­ Final Report February 20, 2006 Page 6

suspension of development or construction or cessation of operations during the pendency of the case upon prima facie evidence that there is imminent threat to life, public health, safety or general welfare, or to plant and animal life, or whenever there is exceedance of the emission standards set by the Department and/or the Board and/or the appropriate local government unit (LGU) (Section 45). · For violations of all other provisions of the Clean Air Act of 1999, a fine of not less than P10,000.00 but not more than P100,000.00 or a six (6) month imprisonment or both shall be imposed . If the offender is a corporation, the president, manager, directors, trustees, the pollution control officer or the officials directly in charge of the operations shall suffer the penalty. (Section 47). In case of gross violation of the provisions of the Clean Air Act of 1999, the PAB shall recommend to the proper government agencies the filing of criminal charges against the violators. The offenders shall be punished with imprisonment of not less than six (6) years but not more than ten (10) years at the discretion of the court. If the offender is a corporation, the president, manager, directors, trustees, the pollution control officer or the officials directly in charge of the operations shall suffer the penalty therein provided (Section 48). Any affected person may file an administrative case against any alleged violator. The DENR, may on its own instance institute administrative actions against alleged violators. In fact, any citizen may file an appropriate civil, criminal or administrative action in the proper courts against the following: a. Any person who violates or fails to comply with the provisions of this Act or its implementing regulations. b. The DENR or other implementing agencies with respect to orders, rules and regulations issued inconsistent with this law. 2. Philippine Environmental Code (PD 1152) An earlier law entitled "Philippine Environment Code" or Presidential Decree (PD) No. 1152 also provided for the following specific standards for air quality management and guideline for the establishment thereof: 1. 2. 3. 4. ambient air quality standards; national emission standards; community noise standards; and standards for noise-producing equipment.

·

·

JETRO IDE ­ Final Report February 20, 2006 Page 7

Furthermore, the research on the harmful effects of aircraft emission and sonic booms and their mitigation and/or minimization is encouraged. To implement the provisions of the Clean Air Act of 1999, the DENR has issued several Department Orders which are enumerated below and which will be discussed in detail in a later portion of this report: A. Department of Environment and Natural Resources (DENR) Administrative Order No. 2000-81 Subject: Implementing Rules and Regulations for RA 8749 otherwise known as the Philippine Clean Air Act of 1999 B. Department Administrative Order No. 2004-53 Subject: Guidelines to Implement the Tax Incentives Provision Under Section 13 of Republic Act No. 8749 Otherwise Known as the Philippine Clean Air Act of 1999 Date of Issuance August 31, 2004 C. DENR Administrative Order No. 98-47 Subject: Implementing Rules and Regulations (IRR) for Mandating the Phase-Out of Leaded Gasoline as One of the Means of Solving Air Pollution B. Laws on Water Quality 1. Philippine Clear Water Act of 2004 (Republic Act 9275) Several years after the enactment of the Philippine Clean Air Act of 1999, the Philippine Legislature then enacted Republic Act (RA) No. 9275 entitled "An Act Providing for a Comprehensive Water Quality Management and For Other Purposes". This aims to provide for a comprehensive management program for water pollution focusing on pollution prevention with the end in view of preventing, controlling and abating the pollution of the Philippine's water resources. With the effectivity of this law, earlier laws dealing with water pollution such as Presidential Decree No. 984 were repealed. Described below are the important features of the Clean Water Act of 2004: · · Designates certain areas as water quality management areas classifying them as watersheds, river basins or water resources regions (Section 5). Implements a waste water charge system through the collection of wastewater charges/fees for the following purposes:

JETRO IDE ­ Final Report February 20, 2006 Page 8

a. To provide economic inducement for polluters to modify their production or management processes; b. To cover the cost of administering water quality management and improvement programs; and c. Reflect damages caused by water pollution. The fees shall be based on the net waste load in accordance with the wastewater charge formula. · Requires owners to discharge regulated effluents to secure a discharge permit with the DENR. The discharge permit shall specify among others, the quantity and quality of effluent that said facilities are allowed to discharge into a particular water body (Section 14). Requires any person who causes water pollution or pollutes water in excess of the applicable and prevailing standards, to remove, contain and cleanup any pollution incident at his own expense (Section 16). Provides for rewards, monetary or otherwise for any organization, individual who have undertaken outstanding innovative projects and activities in water quality management (Section 25). Provides for fiscal incentives such as tax and duty exemption on importation and tax credit on domestic capital equipment as well as tax and duty exemption of donations, legacies and gifts (Section 26). Specifies prohibited acts that will result in fines, damages and penalties including imprisonment (Section 27).

·

·

·

·

A distinguishing feature of this law is the designation of certain areas in the Philippines as "water quality management areas " explained in Sections 5 and 6 of RA 9275, thus:

"Section 5. Water Quality Management Area. ­ The Department, in coordination with National Water Resources Board (NWRB), shall designate certain areas as water quality management area using appropriate physiographic units such as watershed, river basins or water resources regions. Said management areas shall have similar hydrological, hydrogeological, meterological or geographic conditions which affect the physicochemical, biological and bacteriological reactions and diffusions of pollutants in the water bodies, or otherwise share common interest or face similar development programs, prospects or problems.

JETRO IDE ­ Final Report February 20, 2006 Page 9

Said management area shall be governed by a governing board composed of representatives of mayors and governors of member local government units (LGUs), and representatives of relevant national government agencies, duly registered nongovernmental organization, water utility sector, and business sector. The Department representative shall chair the governing board. In case of the LGUs withmemberships on more than one (1) management board, the LGU shall designate only one (1) single representative for all the management areas where it is a member. The governing board shall formulate strategies to coordinate policies necessary for the effective implementation of this Act in accordance with those established in the framework and monitor compliance with the action plan. Each management area shall create a multi-sectoral group to establish and effect water quality surveillance and monitoring network including sampling schedules and other similar activities. The group shall submit its report and recommendation to the chairman of the governing board. A technical secretariat for each management area is hereby created which shall be part of the Department and shall provide technical support to the governing board. They shall be composed of at least four (4) members who shall have the following minimum qualifications: a) One (1) member shall be a member of the Philippine Bar; b) One (1) member shall be a Chemical engineer, Chemist, Sanitary Engineer, Environmental Engineer or Ecologist or have significant training and experience in Chemistry; c) One (1) member shall be a Civil Engineer or Hydrologist or have significant training and experience in closely related fields and mainly experience on ground water, respectively; and d) One (1) member shall be a geologist or biologist or have significant training and experience in closely related fields. The areas within the jurisdiction of the Laguna Lake Development Authority (LLDA) shall be designated as one management area under the administration of the LLDA in accordance with Republic Act No. 4850, as amended: Provided however, that the standards promulgated pursuant to the Act and wastewater charge system established pursuant hereof shall be enforced in said area. Section 6. Management of Non-Attainment of Areas - The Department shall designate water bodies, or portions thereof, where specific pollutants from either natural or manmade source have already exceeded water quality guidelines as non-attainment areas for the exceeded pollutants. It shall prepare and implement a program that will not allow new sources of exceeded water pollutant in non-attainment areas without a corresponding reduction in discharges from existing sources: Provided, That if the

JETRO IDE ­ Final Report February 20, 2006 Page 10

pollutant is naturally occurring, e.g. naturally high boron and other elements in geothermal areas, discharge of such pollutant may be allowed: Provided further That the effluent concentration of discharge shall not exceed the naturally occurring level of such pollutant in the area" Provided finally, That the effluent concentration and volume of discharge shall not adversely affect water supply, public health and ecological protection."

This law also concerns itself with the domestic sewage collection, treatment and disposal as elaborated in Section 8 of this law, thus:

"Section 8. ­ Domestic Sewage Collection, Treatment and Disposal. ­ Within five (5) years following the effectivity of this Act, the agency vested to provide water supply and sewerage facilities and/or concessionaires in Metro Manila and other highly urbanized cities (HUCs) as defined in Republic Act No. 7160, in coordination with LGUs, shall be required to connect the existing sewage line found in all subdivisions, condominiums, commercial centers, hotels, sports and recreational facilities, hospital, market places, public buildings, industrial complex and other similar establishments including households to available sewerage system: Provided, That the said connection shall be subject to sewerage services charge/fees in accordance with existing laws, rules or regulations unless the sources had already utilized their own sewerage system: Provided, further, That all the sources of sewage and septage shall comply with the requirements herein."

To implement the Philippine Clean Water Act, the DENR has issued DENR Administrative Order No. 2005-10 which took effect on June 10, 2005. The contents of this order will be discussed thoroughly in the second part of this report. Similar to the Philippine Clear Air Act of 1999, this law also provides penalties for the violation of its pertinent provisions. Any person who commits any of the prohibited acts specified in Section 27 shall be made liable for fines, damages and penalties according to the following schedule: a) A fine in the amount of not less than P10,000.00 nor more than P200,000.00 for every day of violation. The fines shall be increased by 10% every two (2) years to compensate for inflation and to maintain the deterrent function of such fines; and b) The Secretary of the DENR may order the closure, suspension or cessation of operations of entities who commit such prohibited acts. c) Failure to undertake cleanup operations wilfully or through gross negligence shall be punished by imprisonment of not less than two (2) years and not more than four (4) years and a fine of not less than P50,000.00 and not more than P100,000.00 for each day of violation. Failure or refusal to undertake cleanup operations which results in

JETRO IDE ­ Final Report February 20, 2006 Page 11

serious injury or loss of life and/or irreversible water contamination shall expose the violator to imprisonment of not less than six (6) years and one (1) day and not more than twelve (12) years and a fine of Five Hundred Thousand Pesos (P500,000.00) per day for each day during which the omission and/or contamination continues. (Section 28) d) Individuals who commit gross violations shall be punished with a fine of not less than P500,000.00 but not more than 3 million pesos per day for each day of violation or imprisonment of not less than six (6) years but not more than ten (10) years, or both at the discretion of the court. Gross violation shall mean any of the following: deliberate discharge of toxic pollutants identified pursuant to Republic Act 6969 in toxic amounts; five (5) or more violations within a period of two (2) years; and blatant disregard of the orders of the PAB such as non-payment of fine, breaking of seals or operating despite an order for closure, discontinuance or cessation of operation.

2. Presidential Decree No. 979 Presidential Decree (PD) No. 979 entitled "Providing for the Revision of Presidential Decree No. 600 Governing Marine Pollution" also provides certain prohibited acts when it comes to marine areas, thus:

"Section 4. Prohibited Acts. ­ Except in cases of emergency imperiling life or property, or unavoidable accident, collision, or stranding or in any cases which constitute danger to human life and property or a real threat to vessels, aircraft, platforms or other man-made structures, or if dumping appears to be the only way of averting the threat and of there is probability that the damage consequent upon such dumping will be less than would otherwise be permitted by regulations prescribed by the National Pollution Control Commission or the Philippine Coast Guard, it shall be unlawful for any person to ­ a. Discharge, dump, suffer, permit the discharge of oil, noxious gaseous and liquid substances and other harmful substances from or out of any ship, barge, or any other harmful substances from or out of any ship, barge, or other floating craft or other man-made structures at sea, by any method, means or manner, into or upon the territorial and inland navigable waters of the Philippines. b. Throw, discharge or deposit, dump, or cause, suffer or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft or vessel of any kind, or from the shore, wharf or manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state into tributary of any navigable water from which the same shall float or be washed into such navigable water; and

JETRO IDE ­ Final Report February 20, 2006 Page 12

c.

Deposit or cause, suffer or procure to be deposited material of any kind in any place on the bank of any navigable water or on the bank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary or high tides or by storms or floods, or otherwise whereby navigation shall or may be impeded or obstructed or increase the level of pollution of such water."

The commission of any of the acts enumerated above will result in the imposition of the following penalties prescribed under PD 979:

"Section 7. Penalties for Violations. ­ Any person who violates Section 4 of this Decree or any regulations prescribed in pursuance thereof, shall be liable for a fine of not less than P200.00 nor more than P10,000.00 or by imprisonment of not less than thirty (30) days nor more than one year or both such fine and imprisonment, for each offense, without prejudice to the civil liability of the offender in accordance with existing laws. Any vessel from which oil or other harmful substances are discharged in violation of Section 4 or any regulation prescribed in pursuance thereof, shall be liable for the penalty of fine specified in this section, and clearance of such vessel from any part of the Philippines maybe withheld until the fine is paid. In addition to the penalties above-prescribed, the Philippine Coast Guard shall provide in its rules and regulations such reasonable administrative penalties as may be necessary for the effective implementation of this Decree."

3. Laguna Lake Development Authority (Republic Act 4850) Another concern of the Philippine government as regards water pollution is the protection of the vast expanse of the Laguna Lake and its surrounding provinces, cities and towns. To address this concern, Republic Act 4850 (RA 4850) creating the Laguna Lake Development Authority (LLDA) was enacted which prescribes the functions and powers of said office. The LLDA was created primarily to conserve the physical and natural resources of the Laguna lake region and to regulate and monitor activities in Laguna de Bay. The special powers and functions of the LLDA are numerous but the functions which specifically relate to waste management are described as follows:

"Section 4. Special Powers and Functions. ­ The Authority shall exercise and perform the following powers and functions: d. To pass upon and approve or disapprove all plans, programs, and projects proposed by local government offices and agencies within the region, public corporations, and private persons or enterprises where such plans, programs and/or projects are related to those of the Authority for the development of the region as envisioned in the Act. The Authority shall issue the necessary clearance for approved proposed plans, programs and projects within thirty days from submission thereof unless the

JETRO IDE ­ Final Report February 20, 2006 Page 13

proposals are not in consonance with those of the Authority or that those will contribute to the unmanageable pollution of the Laguna lake waters or will bring about the ecological imbalance of the region: Provided, further, That the Authority is hereby empowered to institute necessary legal proceeding against any person who shall commence to implement or continue implementation of any project, plan or program within the Laguna de Bay region without previous clearance from the Authority: Provided, furthermore, That any local government office, agency, public corporation, private person, or enterprise whose plans and programs and/or projects have been disapproved by the Authority may appeal the decision of the Authority to the NEDA within fifteen (15) days from receipt of such disapproval whose decision on the matter shall be final. k. For the purpose of effectively regulating and monitoring activities in Laguna de Bay, the Authority shall have exclusive jurisdiction to issue new permit for the use of the lake waters for any projects or activities in/or affecting the said lake including navigation, construction, and operation of fishpens, fish enclosures, fish corrals and the like, and to impose necessary safeguards for lake quality control and management and to collect necessary fees for said activities and projects:

n. To act in coordination with existing governmental agencies in establishing water quality standards for industrial, agricultural and municipal waste discharges into the lake and to cooperate with said existing agencies of the government of the Philippines in enforcing such standards, or to separately pursue enforcement and penalty actions as provided for in Section 4 (d) and Section 39-A of this Act: Provided, That in case of conflict on the appropriate water quality standard to be enforced, such conflict shall be resolved thru the NEDA Board. Section 4-B. The Authority is hereby empowered to collect annual fees as provided for in Section 4-J herein, for the use of the lake waters and its tributaries for all beneficial purposes including recreation, municipal, industrial, agricultural, fisheries, navigation and waste disposal purposes. All the fees so collected shall be used for the management and development of the lake and its watershed areas: provided, That the rates of the fees to be collected shall be subject to the approval of the President of the Philippines."

The requirements of RA 4850 should be strictly followed, otherwise, the following penalties shall be imposed:

"Section 39-A - Any person, natural or juridical, who shall violate any of the provisions of this Act or any rule or regulation promulgated by the Authority pursuant thereto shall be liable for imprisonment of not exceeding three (3) years or to a fine not exceeding five thousand pesos or both at the discretion of the court. If the violator be a corporation, partnership or association, the officer of officers of the organization concerned shall be liable therefore.

JETRO IDE ­ Final Report February 20, 2006 Page 14

The Authority is hereby authorized to pursue separate civil actions for damages resulting from infractions of the provisions of this Act, rules or regulations issued pursuant thereto and/or conditions embodied in the clearances or permits issued by the Authority."

An earlier issuance also touches on the conservation and protection of water resources and this is known as the "Water Code of the Philippines" or Presidential Decree (PD) No. 1067. This code is guided by the following principles: 1. 2. 3. 4. All waters belong to the State. All waters that belong to the State cannot be subjected to acquisitive prescription. The State may allow the use or development of waters by administrative concession. The utilization, exploitation, development, conservation and protection of water resources shall be subject to the control and regulation of the government through the National Water Resources Council, hereinafter referred to as the Council. 5. Preference in the use and development of waters shall consider current usage and be responsive to the changing needs of the country. Hereunder are the relevant provisions of the Water Code of the Philippines: 1. Swamps and marshes which have primary value for waterfowl propagation or other wildlife purposes may be reserved and protected from drainage operation and development. 2. The construction of any work that produce dangerous or noxious substances or perform any act which may result in the introduction of sewage, industrial waste, or any pollutant into any source of water supply shall have prior permission from the National Pollution Control Commission. Water pollution is the impairment of the quality of water beyond a certain standard. This standard may vary according to the use of the water and shall be set by the National Pollution Control Commission. 3. The establishment of cemeteries and waste disposal areas that may affect the source of a water supply or a reservoir for domestic or municipal use shall be subject to the rules and regulations promulgated by the Department of Health. 4. Tailings from mining operations and sediments from placer mining shall not be dumped into rivers and waterways without prior permission from the Council upon recommendation by the National Pollution Control Commission.

JETRO IDE ­ Final Report February 20, 2006 Page 15

5. The application of agricultural fertilizers and pesticides may be prohibited or regulated by the National Pollution Control Commission in areas where such application may cause pollution of a source of water supply. The Water Code of the Philippines provides a list of prohibited acts and their corresponding penalties/sanctions of either a suspension or revocation of water permit or other right to use of water and/or a fine not exceeding P1,000.00, in the discretion of the Council: 1. Appropriation of subterranean or ground water for domestic use by an overlying landowner without registration required by the Council. 2. Non-observance of any standard of beneficial use of water. 3. Failure of the appropriator to keep a record of water withdrawal, when required. 4. Failure to comply with any of the terms or conditions in a water permit or a water rights grant. 5. Unauthorized use of water for a purpose other than that for which a right or permit was granted. 6. Construction or repair of any hydraulic work or structure without duly approved plans and specifications, when required. 7. Failure to install a regulating and measuring device for the control of the volume of water appropriated, when required. 8. Unauthorized sale, lease, or transfer of water and/or water rights. 9. Failure to provide adequate facilities to prevent or control diseases when required by the Council in the construction of any work for the storage, diversion, distribution and utilization of water. 10. Drilling of a well without permission of the Council. 11. Utilization of an existing well or ponding or spreading of water for recharging subterranean or ground water supplies without permission of the Council. 12. Violation of or non-compliance with any order, rules, or regulations of the Council. 13. Illegal taking or diversion of water in an open canal, aqueduct or reservoir. 14. Malicious destruction of hydraulic works or structures valued at not exceeding. 3. Commonwealth Act No. 383 Commonwealth Act No. 383 or "An act to punish the dumping into any river of refuse, waste matter or substances of any kind whatsoever that may bring about the rise or filling in of river beds or cause of artificial alluvial formations" is another law concerned with the conservation of the Philippines' water resources. This is expressed in two (2) provisions, thus:

JETRO IDE ­ Final Report February 20, 2006 Page 16

"Section 1. The dumping into any river of refuse, waste matter or substances of any kind whatsoever that may cause an elevation in the level of river beds, or block the course of a stream, is prohibited. Section 2. To cause alluvial formations by whatever means or device that may give rise for river banks to expand or by any similar process to reclaim a strip of land through accession, except with the authority of the Secretary of Public Works and Highways, which shall be granted if and when any such works were absolutely necessary for the protection of private property against the destructive action of water and not otherwise harmful to other parties, is likewise prohibited. Section 3. Any person who shall be found transgressing the provisions hereof shall be punished by imprisonment of not more than six (6) months, or by a fine not to exceed two hundred pesos (P200.00), or by both such fine and imprisonment, at the discretion of the court."

C. Laws on Solid Waste Management 1. Philippine Environment Code There are several environmental laws on solid waste management, foremost among which is the "Philippine Environment Code" or Presidential Decree (PD) No. 1152. Under the Philippine Environment Code, specific standards are set for air quality management, water quality management and waste management. This Code provides for the enforcement and guidelines relative to waste management. It gives the Department of Local Government and Community Development the task of promulgating guidelines for the formation and establishment of waste management programs. Further, it mandates each local government unit to provide measures to facilitate the collection, transportation, processing and disposal of waste within its jurisdiction in coordination with other government agencies concerned. The methods of solid and liquid waste disposal are likewise provided:

"CHAPTER II Methods of Solid Waste Disposal SECTION 45. Solid Waste Disposal. -- Solid Waste disposal shall be by sanitary landfill, incineration, composting, and other methods as may be approved by competent government authority. SECTION 46. Sanitary Landfills. -- Local governments, including private individuals, corporations or organizations may operate one or more sanitary landfills. Any entity proposing to operate a sanitary landfill shall submit to the appropriate government agency an operational work plan showing, among other things, a map of the proposed work location, disposal areas for rubbish, garbage, refuse and other waste matter; and the equipment or machinery needed to accomplish its operations. In no case shall landfill or work locations under this Section be located along any shore or coastline, or along the

JETRO IDE ­ Final Report February 20, 2006 Page 17

banks of rivers and streams, lakes, throughout their entire length, in violation of any existing rules and regulations. SECTION 48. Disposal Sites. -- The location of solid waste disposal sites shall conform with existing zoning; land use standards, and pollution control regulations. SECTION 49. Dumping into the Sea and Other Navigable Waters. -- The dumping or disposal of solid wastes into the sea and any body of water in the Philippines, including shorelines and river banks, where these wastes are likely to be washed into the water is prohibited. However, dumping of solid wastes or other materials into the sea or any navigable waters shall be permitted in case of immediate or imminent danger to life and property, subject to the rules and regulations of the Philippine Coast Guard and the National Pollution Control Commission. Government agencies and private entities which are undertaking solid waste management programs shall make consultations with the government agencies concerned with respect to the effects of such dumping to the marine environment and navigation. CHAPTER III Methods of Liquid Waste Disposal SECTION 50. Liquid Waste Disposal. -- Wastewater from manufacturing plants, industries, community, or domestic sources shall be treated either physically, biologically or chemically prior to disposal in accordance with the rules and regulations promulgated by proper government authority. SECTION 51. Applicability of Sec. 8. -- The provisions of Sec. 8 hereof shall likewise apply to the dumping or disposal of liquid waste into the sea and other bodies of water."

As regards incineration as a method of solid waste disposal, this has already been modified by the Clean Air Act of 1999. 2. Presidential Decree No. 825 Disposal of garbage is also one concern of the State that was properly addressed by Presidential Decree No. 825 or "Providing Penalty for Improper Waste Disposal of Garbage and other Forms of uncleanliness and for other purposes" when it provided penalties for the improper disposal thereof. In PD 825, all citizens and residents of the Philippines, all universities, colleges and schools and other similar institutions, private as well as public, all commercial and industrial establishments such as hotels, restaurants, hospitals, cinemahouses, public markets, department stores, groceries and the like all public conveyances, all residential houses, and all other establishments of any kind, are

JETRO IDE ­ Final Report February 20, 2006 Page 18

enjoined to undertake the cleaning of their own surroundings, their yards and gardens, as well as the canals, roads or streets in their immediate premises.

Under PD 825, owners of idle lots in Greater Manila are required to keep their idle lots clean to prevent them from becoming the breeding places of mosquitos, flies, mice, rats and other scavengers. In the event of their failure or inability to comply with this obligation, the government shall undertake the cleaning of said lots at the expense of the owners. The government may, through the Barangay Council, further utilize the land for its food production program. PD 825 directs the Secretary of Public Works, Transportation and Communications, with the assistance of health officials and local governments concerned, to supervise its implementation. The penalties for violation of the provisions of PD 825 are described, thus:

"Section 2. Any person, who shall litter or throw-garbage, filth, or other waste matters in public places, such as roads, canals, esteros or parks, shall suffer an imprisonment of not less than 5 days nor more than one year or a fine of not less than P100 nor more than P2,000.00 or both such fine and imprisonment at the discretion of the Court or tribunal, without prejudice to the imposition of a higher penalty under any other law or decree. If the violator is a corporation, firm, or other corporate entities, the maximum penalty shall be imposed upon the president, manager, director or persons responsible for its operation."

3. Toxic Substances and Hazardous and Nuclear Wastes Control Act (Rep. Act 6969) From the description of the foregoing laws, one can see that the evolution of environmental laws on solid waste management finds congruence with the needs of the present situation. (Thus, we can see that earlier laws deal mostly with simple problems such as disposal of garbage and providing penalties for the improper disposal thereof). As technology advances, there comes a need to enact laws that would meet the demands of the present milieu. One such law is Republic Act (RA) 6969 otherwise known as the "Toxic Substances and Hazardous and Nuclear Wastes Control Act." This law covers the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use and disposal of all unregulated chemical substances and mixtures in the Philippines, including the entry, even in transit, as well as the keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever purpose. It designates the DENR as the implementing agency and clothes the same with specific functions, powers, and responsibilities. The Implementing Rules and Regulations of RA 6969 were issued under DENR Administrative Order No 29 Series of 1992. Thereafter, the Procedural Manual of Title III of said Implementing Rules was issued under DENR Administrative Order No. 36 Series of 2004.

JETRO IDE ­ Final Report February 20, 2006 Page 19

It also created the Inter-Agency Technical Advisory Council which serves: a) to assist the DENR in the formulation of the pertinent rules and regulations and in the preparation and updating of the inventory of chemical substances and mixtures that fall within the coverage of RA 6969; b) to conduct preliminary evaluation of the characteristics of chemical substances and mixtures to determine their toxicity and effects on health and the environment and make the necessary recommendations to the DENR; and c) to perform such other functions as the DENR Secretary may, from time to time, require. It provides for pre-manufacture and pre-importation requirements of any new chemical substance or mixture and for standards in the determination of whether or not a chemical substance or mixture is exempt from pre-manufacture notification. Furthermore, chemicals are required to be subjected to testing under stated conditions. Finally, it enumerates prohibited acts and omissions and prescribes penalties therefor. Under this law, hazardous and nuclear wastes were defined as follows:

"SECTION 5. Definition. -- As used in this Act: x x x h) Hazardous wastes are hereby defined as substances that are without any safe commercial, industrial, agricultural or economic usage and are shipped, transported or brought from the country of origin for dumping or disposal into or in transit through any part of the territory of the Philippines. Hazardous wastes shall also refer to 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.

i)

Nuclear wastes are hazardous wastes made radioactive by exposure to the radiation incidental to the production or utilization of nuclear fuels but does not include nuclear fuel, or radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific, medical, agricultural, commercial, or industrial purpose."

To implement the provisions of RA 6969, the DENR has already issued several orders, the latest among which is DENR Administrative Order (DAO) No. 36, Series of 2004. DAO 36 provides a table for the classification of hazardous waste and lays down the requirements for proper hazardous waste management which will all be discussed thoroughly in a later portion of this report. The harsh penalties provided under this law is reflective only of the concern of the authorities in protecting the environment against the effects of these hazardous wastes not only on the environment but on the people's health as well. The following are the penalties to be imposed upon violators of the pertinent provisions of RA 6969:

JETRO IDE ­ Final Report February 20, 2006 Page 20

"SECTION 14. Criminal Offenses and Penalties. -- a) (i) The penalty of imprisonment of six (6) months and one (1) day to six (6) years and one (1) day and a fine ranging from Six hundred pesos (P600.00) to Four thousand pesos (P4,000.00) shall be imposed upon any person who shall violate Section 13(a) to (c) of this Act and shall not be covered by the Probation Law. If the offender is a foreigner, he or she shall be deported and barred from any subsequent entry into the Philippines after serving his or her sentence; ii) In case any violation of this Act is committed by a partnership, corporation, association or any juridical person, the partner, president, director or manager who shall consent to or shall knowingly tolerate such violation shall be directly liable and responsible for the act of the employees and shall be criminally liable as a coprincipal; (iii) In case the offender is a government official or employee, he or she shall, in addition to the above penalties, be deemed automatically dismissed from office and permanently disqualified from holding any elective or appointive position. b) (i) The penalty of imprisonment of twelve (12) years and one (1) day to twenty (20) years, shall be imposed upon any person who shall violate Section 13(d) of this Act. If the offender is a foreigner, he or she shall be deported and barred from any subsequent entry into the Philippines after serving his or her sentence; (ii) In the case of corporations or other associations, the above penalty shall be imposed upon the managing partner, president or chief executive in addition to an exemplary damage of at least Five hundred thousand pesos (P500,000.00). If it is a foreign firm, the director and all the officers of such foreign firm shall be barred from entry into the Philippines, in addition to the cancellation of its license to do business in the Philippines; (iii) In case the offender is a government official or employee, he or she shall in addition to the above penalties be deemed automatically dismissed from office and permanently disqualified from holding any elective or appointive position. c) Every penalty imposed for the unlawful importation, entry, transport, manufacture, processing, sale or distribution of chemical substances or mixtures into or within the Philippines shall carry with it the 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. Chemical substances so confiscated and forfeited by the Government at its option shall be turned over to the Department of Environment and Natural Resources for safekeeping and proper disposal. d) The person or firm responsible or connected with the bringing or importation into the country of hazardous or nuclear wastes shall be under obligation to transport or send back said prohibited wastes.

JETRO IDE ­ Final Report February 20, 2006 Page 21

Any and all means of transportation, including all facilities and appurtenances that may have been used in transporting to or in the storage in the Philippines of any significant amount of hazardous or nuclear wastes shall at the option of the government be forfeited in its favor. SECTION 15. Administrative Fines. -- In all cases of violations of this Act, including violations of implementing rules and regulations which have been duly promulgated and published in accordance with Section 16 of this Act, the Secretary of Environment and Natural Resources is hereby authorized to impose a fine of not less than Ten thousand pesos (P10,000.00), but not more than Fifty thousand pesos (P50,000.00) upon any person or entity found guilty thereof. The administrative fines imposed and collected by the Department of Environment and Natural Resources shall accrue to a special fund to be administered by the Department exclusively for projects and research activities relative to toxic substances and mixtures."

A. Ecological Solid Wastes Management Act of 2000 (RA 9003) For the management of non-hazardous or non-toxic waste, the Philippine Congress has enacted the "Ecological Solid Waste Management Act of 2000" or Republic Act (RA) No. 9003. This law seeks to adopt a systematic, comprehensive and ecological solid waste management program which shall: 1. Ensure the protection of public health and environment; 2. Utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage resource conservation and recovery;

3. Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste minimization measures, including composting, recycling, reuse, recovery, green charcoal process, and others, before collection, treatment and disposal in appropriate and environmentally sound solid waste management facilities in accordance with ecologically sustainable development principles; 4. Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste through the formulation and adoption of the best environmental practice in ecological waste management excluding incineration; 5. Promote national research and development programs for improved solid waste management and resource conservation techniques, more effective institutional arrangement and indigenous and improved methods of waste reduction, collection, separation and recovery; 6. Encourage greater private sector participation in solid waste management;

JETRO IDE ­ Final Report February 20, 2006 Page 22

7. Retain primary enforcement and responsibility of solid waste management with local government units while establishing a cooperative effort among the national government, other local government units, non-government organizations, and the private sector; 8. Encourage cooperation and self-regulation among waste generators through the application of market-based instruments; 9. Institutionalize public participation in the development and implementation of national and local integrated, comprehensive and ecological waste management programs; and 10. Strengthen the integration of ecological solid waste management and resource conservation and recovery topics into the academic curricula of formal and non-formal education in order to promote environmental awareness and action among the citizenry. The Ecological Solid Waste Management Act of 2000 (RA 9003) establishes the National Solid Waste Management Commission (NSWMC) which is composed of the following members: · · · · · · · · · · · · · · · · · Department of Environment and Natural Resources (DENR) as Chair of the NSWMC; Department of the Interior and Local Government (DILG); Department of Science and Technology (DOST); Department of Public Works and Highways (DPWH); Department of Health (DOH); Department of Trade and Industry (DTI); Department of Agriculture (DA); Metro Manila Development Authority (MMDA); League of provincial governors; League of city mayors; League of municipal mayors; Association of barangay councils; Technical Education and Skills Development Authority (TESDA); Philippine Information Agency; A representative from non-government organizations (NGOs) whose principal purpose is to promote recycling and the protection of air and water quality; A representative from the recycling industry; and A representative from the manufacturing or packaging industry;

JETRO IDE ­ Final Report February 20, 2006 Page 23

The NSWMC is tasked to oversee the implementation of solid waste management plans and prescribe policies to achieve the objectives of RA 9003. For this matter, it shall: 1. Prepare the national solid waste management framework; 2. Approve local solid waste management plans in accordance with its rules and regulations; 3. Review and monitor the implementation of local solid waste management plans; 4. Coordinate the operation of local solid waste management boards in the provincial and city/municipal levels; 5. To the maximum extent feasible, utilizing existing resources, assist provincial, city and municipal solid waste management boards in the preparation, modification, and implementation of waste management plans; 6. Develop a model provincial, city and municipal solid waste management plan that will establish prototypes of the content and format which provinces, cities and municipalities may use in meeting the requirements of the National Solid Waste Management Framework; 7. Adopt a program to provide technical and other capability building assistance and support to local government units in the development and implementation of source reduction programs; 8. Develop and implement a program to assist local government units in the identification of markets for materials that are diverted from disposal facilities through re-use, recycling, and composting, and other environment-friendly methods; 9. Develop a mechanism for the imposition of sanctions for the violation of environmental rules and regulations; 10. Manage the Solid Waste Management Fund; 11. Develop and prescribe procedures for the issuance of appropriate permits and clearances; 12. Review the incentives scheme for effective solid waste management, for purposes of ensuring relevance and efficiency in achieving the objectives of RA 9003;

JETRO IDE ­ Final Report February 20, 2006 Page 24

13. Formulate the necessary education promotion and information campaign strategies; 14. Establish, after notice and hearing of the parties concerned, standards, criteria, guidelines and formula that are fair, equitable and reasonable, in establishing tipping charges and rates that the proponent will charge in the operation and management of solid waste management facilities and technologies; 15. Develop safety nets and alternative livelihood programs for small recyclers and other sectors that will be affected as a result of the construction and/or operation of a solid waste management recycling plant or facility; 16. Formulate and update a list of non-environmentally acceptable materials in accordance with the provisions of RA 9003. For this purpose, it shall be necessary that proper consultation be conducted by the NSWMC with all concerned industries to ensure a list that is based on technological and economic viability; 17. Encourage private sector initiatives, community participation and investments resource recovery-based livelihood programs for local communities; 18. Encourage all local government agencies and all local government units to patronize products manufactured using recycled and recyclable materials; 19. Propose and adopt regulations requiring the source separation and post separation collection, segregated collection, processing, marketing and sale of organic and designated recyclable material generated in each local government unit; and 20. Study and review the following: a. Standards, criteria and guidelines for the promulgation and implementation of an integrated national solid waste management framework; and b. Criteria and guidelines for siting, design, operation and maintenance of solid waste management facilities. Under this law, the DENR shall prepare a National Waste Management Status Report ("Report") which shall be the basis for formulating the National Solid Waste Management Framework ("Framework"). The LGUs, i.e. provinces, cities or municipalities, shall prepare ten-year Solid Waste Management Plans consistent with the Framework and inclusive of the following components: 1. Profile; 2. Waste characterization; 3. Collection and transfer;

JETRO IDE ­ Final Report February 20, 2006 Page 25

4. Processing; 5. Source reduction; 6. Recycling; 7. Composting; 8. Solid waste facility capacity and final disposal; 9. Education and public information; 10. Special waste; 11. Resource requirement and funding; 12. Privatization of solid waste management projects; and 13. Incentive programs. RA 9003 also prescribes for the proper segregation of wastes. Segregation of wastes shall primarily be conducted at the source, to include household, institutional, industrial, commercial and agricultural sources. Segregation and storage must comply with the following minimum standards and requirements: 1. There shall be a separate container for each type of waste from all sources: Provided, That in the case of bulky waste, it will suffice that the same be collected and placed in a separate and designated area; and 2. The solid waste container depending on its use shall be properly marked or identified for on-site collection as "compostable", "non-recyclable", "recyclable" or "special waste", or any other classification as may be determined by the NSWMC. RA 9003 further provides for minimum standards and requirements for the collection of solid waste, namely: 1. All collectors and personnel directly dealing with collection of solid waste shall be equipped with personal protective equipment to protect them from the hazards of handling solid wastes; 2. Necessary training shall be given to the collectors and personnel to ensure that the solid wastes are handled properly and in accordance with the guidelines in RA 9003; and 3. Collection of solid waste shall be done in a manner which prevents damage to the container, and spillage or scattering of solid waste within the collection vicinity.

JETRO IDE ­ Final Report February 20, 2006 Page 26

The requirements for the transport of solid waste are as follows: 1. The use of separate collection schedules and/or separate trucks or haulers shall be required for specific types of wastes. Otherwise, vehicles used for the collection and transport of solid wastes shall have the appropriate compartments to facilitate efficient storing of sorted wastes while in transit. 2. Vehicles shall be designed to consider road size, condition and capacity to ensure the safe and efficient collection and transport of solid wastes. 3. The waste compartment shall have a cover to ensure the containment of solid wastes while in transit. For the purpose of identification, vehicles shall bear the body number, the name, and telephone number of the contractor/agency collecting solid waste. Lastly, RA 9003 provides the guidelines for transfer stations which shall be designed and operated for efficient waste handling capacity and in compliance with environmental standards and guidelines provided that no waste shall be stored in such station beyond twenty-four (24) hours. The sitting of the transfer station shall consider the land use plan, proximity to collection area, and accessibility of haul routes to disposal facility. The design shall give primary consideration to size and space sufficiency in order to accommodate the waste for storage and vehicles for loading and unloading of wastes. The law also requires the DTI to formulate and implement a coding system for packaging materials and products to facilitate waste recycling and re-use. The National Ecology Center shall assist LGUs in establishing and implementing deposit or reclamation programs in coordination with manufacturers, recyclers and generators to provide separate collection systems or convenient drop-off locations for recyclable materials and particularly for separated toxic components of the waste stream like dry cell batteries and tires to ensure that they are not incinerated or disposed of in a landfill. Toxic materials present in the waste stream should be separated at source, collected separately, and further screened and sent to appropriate hazardous waste treatment and disposal plants, consistent with the provisions of the Toxic Substances and Hazardous and Nuclear Wastes Control Act or RA 6969. The NSWMC shall, after public notice and hearing, prepare a list of non-environmentally acceptable products as defined in RA 9003 that shall be prohibited according to a schedule that shall be prepared by the NSWMC. However, non-environmentally acceptable products

JETRO IDE ­ Final Report February 20, 2006 Page 27

shall not be prohibited unless the NSWMC finds that there are alternatives available to consumers at no more than ten percent (10%) greater cost than the disposable product. The NSWMC together with the National Ecology Center, the DTI and the Department of Finance shall establish procedures, standards and strategies to market recyclable materials and develop the local market for recycled goods. RA 9003 provides for the establishment of an LGU Materials Recovery Facility (MRF) as well as the corresponding guidelines for such establishment. The MRF shall receive mixed waste for final sorting, segregation, composting, and recycling. The resulting residual wastes shall be transferred to a long-term storage or disposal facility or sanitary landfill. The DA is directed to publish an inventory of existing markets and demands for composts. This inventory shall subsequently be updated and published annually: Compost products intended to be distributed commercially shall conform with standards for organic fertilizers set by the DA. The DA shall assist the compost producers to ensure that the compost products conform to such standards. RA 9003 also provides for the minimum criteria for the siting of sanitary landfills, namely: 1. The site selected must be consistent with the overall land use plan of the LGU; 2. The site must be accessible from major roadways or thoroughfares; 3. The site should have an adequate quantity of earth cover material that is easily handled and compacted; 4. The site must be chosen with a regard for the sensitivities of the community's residents; 5. The site must be located in an area where the landfill's operation will not detrimentally affect environmentally sensitive resources such as aquifer, groundwater reservoir or watershed area; 6. The site should be large enough to accommodate the community's wastes for a period of five (5) years during which people must internalize the value of environmentally sound and sustainable solid waste disposal; 7. The site chosen should facilitate developing a landfill that will satisfy budgetary constraints, including site development, operation for many years, closure, post-closure care and possible remediation costs;

JETRO IDE ­ Final Report February 20, 2006 Page 28

8. Operating plans must include provisions for coordinating with recycling and resource recovery projects; and 9. Designation of a separate containment area for household hazardous wastes. It further provides for the minimum criteria in the establishment of sanitary landfills: 1. Liners -- a system of clay layers and/or geosynthetic membranes used to contain leachate and reduce or prevent contaminant flow to groundwater; 2. Leachate collection and treatment system -- installation of pipes at the low areas of the liner to collect leachate for storage and eventual treatment and discharge; 3. Gas control and recovery system -- a series of vertical wells or horizontal trenches containing permeable materials and perforated piping placed in the landfill to collect gas for treatment or productive use as an energy source; 4. Groundwater monitoring well system -- wells placed at an appropriate location and depth for taking water samples that are representative of groundwater quality; 5. Cover -- two (2) forms of cover consisting of soil and geosynthetic materials to protect the waste from long-term contact with the environment; 6. Closure procedure -- with the objectives of establishing low maintenance cover systems and final cover that minimizes the infiltration of precipitation into the waste. Installation of the final cover must be completed within six (6) months of the last receipt of wastes; and a. a daily cover placed over the waste at the close of each day's operations, and b. a final cover, or cap, which is the material placed over the completed landfill to control infiltration of water, gas emission to the atmosphere, and erosion. 7. Post-closure care procedure -- During this period, the landfill owner shall be responsible for providing for the general upkeep of the landfill, maintaining all of the landfill's environmental protection features, operating monitoring equipment, remediating groundwater should it become contaminated and controlling landfill gas migration or emission. In the operation of a sanitary landfill, each site operator shall maintain the following minimum operating requirements: 1. Disposal site records;

JETRO IDE ­ Final Report February 20, 2006 Page 29

2. Water quality monitoring of surface and ground waters and effluent, and gas emissions; 3. Documentation of approvals, determinations and other requirements by the Department; 4. Signs; 5. Monitoring of quality of surface, ground and effluent waters, and gas emissions; 6. The site shall be designed to discourage unauthorized access by persons and vehicles by using a perimeter barrier or topographic constraints. Areas within the site where open storage or pounding of hazardous materials occurs shall be separately fenced or otherwise secured as determined by the DENR. The DENR may also require that other areas of the site be fenced to create an appropriate level of security; 7. Roads within the permitted facility boundary shall be designed to minimize the generation of dust and the tracking of material onto adjacent public roads. Roads shall be kept in safe condition and maintained such that vehicle access and unloading can be conducted during inclement weather; 8. Sanitary facilities consisting of adequate number of toilets and handwashing facilities shall be available to personnel at or in the immediate vicinity of the site; 9. Safe and adequate drinking water supply for the site personnel shall be available; 10. The site shall have communication facilities available to site personnel to allow quick response to emergencies; 11. Where operations are conducted during hours of darkness, the site and/or equipment shall be equipped with adequate lighting as approved by the DENR to ensure safety and to monitor the effectiveness of operations; 12. Operating and maintenance personnel shall wear and use appropriate safety equipment as required by the DENR; 13. Personnel assigned to operate the site shall be adequately trained in subject pertinent to the site operation and maintenance, hazardous materials recognition and screening, and heavy equipment operations, with emphasis on safety, health, environmental controls and emergency procedures. A record of such training shall be placed in the operating record;

JETRO IDE ­ Final Report February 20, 2006 Page 30

14. The site operator shall provide adequate supervision of a sufficient number of qualified personnel to ensure proper operation of the site in compliance with all applicable laws, regulations, permit conditions and other requirements. The operator shall notify the DENR and local health agency in writing of the names, addresses, and telephone number of the operator or responsible party. A copy of the written notification shall be placed in the operating record; 15. Any disposal site open to the public shall have an attendant present during public operating hours or the site shall be inspected by the operator on a regularly scheduled basis, as determined by the DENR; 16. Unloading of solid wastes shall be confined to a small area as possible to accommodate the number of vehicles using the area without resulting in traffic, personnel, or public safety hazards. Waste materials shall normally be deposited at the toe of the fill, or as otherwise approved by the DENR; 17. Solid waste shall be spread and compacted in layers with repeated passages of the landfill equipment to minimize voids within the cell and maximize compaction. The loose layer shall not exceed a depth approximately two feet before compaction. Spreading and compacting shall be accomplished as rapidly as practicable, unless otherwise approved by the DENR; 18. Covered surfaces of the disposal area shall be graded to promote lateral runoff of precipitation and to prevent pounding. Grades shall be established of sufficient slopes to account for future settlement of the fill surface. Other effective maintenance methods may be allowed by the DENR; and 19. Cover material or native material unsuitable for cover, stockpiled on the site for use or removal, shall be placed so as not to cause problems or interfere with unloading, spreading, compacting, access, safety, drainage, or other operations. Under RA 9003, the following acts are prohibited: 1. Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros or parks, and establishment, or causing or permitting the same; 2. Undertaking activities or operating, collecting or transporting equipment in violation of sanitation operation and other requirements or permits set forth in or established pursuant to RA 9003; 3. The open burning of solid waste;

JETRO IDE ­ Final Report February 20, 2006 Page 31

4. Causing or permitting the collection of non-segregated or unsorted waste; 5. Squatting in open dumps and landfills; 6. Open dumping, burying of biodegradable or non-biodegradable materials in flood-prone areas; 7. Unauthorized removal of recyclable materials intended for collection by authorized persons; 8. The mixing of source-separated recyclable materials with other solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal; 9. Establishment or operation of open dumps as enjoined in RA 9003, or closure of said dumps in violation of Section 37 of RA 9003; 10. The manufacture, distribution or use of non-environmentally acceptable packaging materials; 11. Importation of consumer products packaged in non-environmentally acceptable materials; 12. Importation of toxic wastes misrepresented as "recyclable" or "with recyclable content"; 13. Transport and dumping in bulk of collected domestic, industrial, commercial and institutional wastes in areas other than centers or facilities prescribed under RA 9003; 14. Site preparation, construction, expansion or operation of waste management facilities without an Environmental Compliance Certificate required under Presidential Decree No. 1586 and RA 9003 and not conforming with the land use plan of the LGU; 15. The construction of any establishment within two hundred (200) meters from open dumps or controlled dumps, or sanitary landfills; and 16. The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir or watershed area and/or any portions thereof.

JETRO IDE ­ Final Report February 20, 2006 Page 32

The penalties for violating pertinent provisions of RA 9003 are as follows: · Any person who violates Section 48, paragraph (1) of RA 9003 shall, upon conviction, be punished with a fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or render community service for not less than one (1) day to not more than fifteen (15)days to an LGU where such prohibited acts are committed, or both; Any person who violates Section 48, pars. (2) and (3) of RA 9003, shall, upon conviction, be punished with a fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or imprisonment of not less than one (1) day to not more than fifteen (15) days, or both; Any person who violates Section 48, pars. (4), (5), (6), and (7) of RA 9003 shall, upon conviction, be punished with a fine of not less than One thousand pesos (P1,000.00) but not more than Three thousand pesos (P3,000.00) or imprisonment of not less than fifteen (15) days but not more than six (6) months, or both; Any person who violates Section 48, pars. (8), (9), (10) and (11) of RA 9003 for the first time shall, upon conviction, pay a fine of Five hundred thousand pesos (P500,000.00) plus an amount not less than five percent (5%) but not more than ten percent (10%) of his net annual income during the previous year. The additional penalty of imprisonment of a minimum period of one (1) year, but not to exceed three (3) years at the discretion of the court, shall be imposed for second or subsequent violations of Section 48, paragraphs (9) and (10). · Any person who violates Section 48, pars. (12) and (13) of RA 9003, shall, upon conviction, be punished with a fine of not less than Ten thousand pesos (P10,000.00) but not more than Two hundred thousand pesos (P200,000.00) or imprisonment of not less than thirty (30) days but not more than three (3) years, or both; Any person who violates Section 48, pars. (14), (15) and (16) of RA 9003 shall, upon conviction, be punished with a fine not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00), or imprisonment not less than one (1) year but not more than six (6) years, or both. If the offense is committed by a corporation, partnership, or other juridical entity duly organized in accordance with law, the chief executive officer, president, general manager, managing partner or such other officer-in-charge shall be liable for the commission of the offense penalized under RA 9003.

·

·

·

·

JETRO IDE ­ Final Report February 20, 2006 Page 33

If the offender is an alien, he shall, after service of the sentence prescribed above, be deported without further administrative proceedings. The fines herein prescribed shall be increased by at least ten percent (10%) every three (3) years to compensate for inflation and to maintain the deterrent function of such fines. Administrative Sanctions Local government officials and officials of government agencies concerned who fail to comply with and enforce rules and regulations promulgated relative to RA 9003 shall be charged administratively in accordance with RA 7160 and other existing laws, rules and regulations. 5. Code on Sanitation of the Philippines (PD 856) Another law worth mentioning in the area of solid waste management is the "Code on Sanitation of the Philippines" or Presidential Decree No. 856 which prescribes guidelines, requirements and restrictions to ensure cleanliness in various establishments such as restaurants, hospitals, hotels, funeral parlors etc. The purpose of this enactment is to promote the health of the people and to codify and integrate the scattered sanitary laws to ensure that they are in keeping with modern standards of sanitation. The following are the salient features of the law: · · · · · · · Prescribed standards for drinking water to render it safe for drinking; Requires the disinfection of contaminated water sources together with their distribution systems (Section 9); Requires food establishments to secure a sanitary permit from the local health office before they can start operations (Section 14); Prescribes structural requirements on food establishments such as ventilation and lighting requirements (Section 17). Prescribes sanitary requirements for operating an industrial establishment (Section 45). Provides for the proper disposal of waste, sewage collection etc. (Section 71). Provides for additional requirements for disposal of refuse or waste (Section 83).

JETRO IDE ­ Final Report February 20, 2006 Page 34

In Section 45 of PD 856, all wastes incident to the operations of an industrial plant shall be collected, stored, or disposed of in a manner to prevent health hazards, nuisances and pollution. Section 48 of the same PD contain certain industrial provisions for the protection of workers and we quote:

"Section 48. Environmental Provisions. ­ The environmental provisions enumerated hereunder for the protection of the health of workers are applicable to all industrial establishments: a. Control of atmospheric contaminants ­ 1. Workers shall not be exposed to atmospheric contaminants hazardous to health. 2. Control of atmospheric contaminants shall be accomplished by methods approved by the Secretary or his duly authorized representatives or other government authority. b. Control of infectious agents ­ 1. Control measures shall be provided to eliminate or control the transmission of infectious diseases through processing or handling of industrial products or wastes. c. Control of possible sources of radiation hazards should be carried out under the supervision of the Radiation Health Officer

d. NoiseControl measures shall be provided to reduce intensity of noise sufficiently to render it harmless to workers and to eliminate it at its source as a nuisance by following the recommendations of the local health or other government authority. e. Illumination1. Adequate lighting shall be provided and distributed in all work areas in amount required for the type of work or seeing tasks measured by a light meter with a minimum of glare and contrasting intensities between work and work room. 2. Where the specific task requires more light than provided by general illumination, supplementary lighting shall be supplied. f. Ventilation ­ 1. Natural or artificial ventilation shall be provided in all work areas at a rate to insure a safe and healthful working atmosphere, free from injurious amounts of toxic materials and reasonably free from offensive odors and dust throughout the establishment.

JETRO IDE ­ Final Report February 20, 2006 Page 35

2. Proper control measures shall be used to reduce concentration of toxic contaminants to allowable limits. 3. Air inlets shall be arranged, located and equipped to insure safety air velocity and an exhaust system which shall be located so that discharged materials shall not re-enter places of employment or habitations nor create any hazard of nuisance."

Section 74 of the same PD prescribes the requirements in the operation of sewerage works and sewage treatment plants, thus:

"a. All houses covered by the system shall be connected to the sewer in areas where a sewerage system is available. b. Outfalls discharging effluent from a treatment plant shall be carried to the channel of the stream or to deep water where the outlet is discharged. c. Storm water shall be discharged to a storm sewer. Sanitary sewage shall be discharged to a sewerage system carrying sanitary sewage only; but this should not prevent the installation of a combined system.

d. Properly designed grease traps shall be provided for sewers from restaurants or other establishments where the sewage carries a large amount of grease."

The following are some of the implementing rules and regulations of PD 856: 1. Implementing Rules and Regulations of Chapter XIV of the Code on Sanitation ­ "Hotels, Motels and Apartments, Lodging, Boarding or Tenement Houses and Condominiums" Date of Issuance ­ April 15, 1997 2. Implementing Rules and Regulations of Chapter XVI "Vermin Control" of the Code on Sanitation Date of Issuance ­ September 22, 1997 3. Implementing Rules and Regulations of Chapter XVIII "Refuse Disposal" of the Code on Sanitation Date of Issuance ­ May 15, 1998 4. Implementing Rules and Regulations of Chapter XX "Pollution of the Environment" of the Code on Sanitation 5. Implementing Rules and Regulations of Chapter II "Water supply" of the Code on Sanitation Date of Issuance ­ June 25, 1999

JETRO IDE ­ Final Report February 20, 2006 Page 36

6. Implementing Rules and Regulations of Chapter XVII "Sewage Collection and Disposal, Excreta Disposal and Drainage" of the Code on Sanitation Date of Issuance - 2003 As in all other laws, PD 856 provides penalties for the violation of its pertinent provisions, thus:

"Section 103. Penal Provision. ­ a. Unless otherwise provided in this Chapter or section in this Code, any person who shall violate, disobey or refuse, omit or neglect to comply with any of the rules and regulations promulgated under this Code shall be guilty of misdemeanor and upon conviction shall be punished by imprisonment for a period not exceeding six (6) months or by a fine of not exceeding one thousand pesos or both depending upon the discretion of the court. Any person who shall interfere with or hinder, or oppose any office, agent or member of the Department or of the bureau or offices under it, in the performance of his duty as such under this Code, or shall tear down, mutilate, deface or alter any placard, or notice, affixed to the premises in the enforcement of the Code, shall be guilty of a misdemeanor and punishable upon conviction by imprisonment for a period not exceeding six (6) months or by a fine of not exceeding one thousand pesos or both depending upon the discretion of the Court."

6. Environmental Impact Statement Systems Equally important in the discussion on laws on said waste management is Presidential Decree No. 1586 or "Environmental Impact Statement System". PD 1586 was promulgated in June 11, 1978 pursuant to Section 4 of Presidential Decree No. 1151 which requires an environmental impact statement from any government agency and instrumentality, including government-owned or controlled corporations, private corporations, firms, individuals and other entities relative to proposed or planned projects or undertakings significantly affecting the quality of the environment. The Environmental Impact Statement refers to the documentation of the studies of environment impact of a project including a discussion of the direct and indirect consequences upon human welfare and ecological and environmental integrity. The President, motu proprio or upon the recommendation of the National Environmental Protection Council, may declare certain projects, undertakings or areas in the country as environmentally critical. Accordingly, no person, partnership or corporation shall undertake or operate any such declared environmentally critical project or area without securing an

JETRO IDE ­ Final Report February 20, 2006 Page 37

Environmental Compliance Certificate (ECC) from the President or his duly authorized representative. Environmentally Non-Critical Projects Projects, undertakings and areas not declared as environmentally critical shall be considered as non-critical and shall not be required to submit an ECC. V. PENDING BILLS IN CONGRESS Over and above the current laws previously discussed, the following table shows proposed environmental statutes which will further regulate waste management and recycling.

Bill No.

Title

Date Filed

Author/s

Status

Senate Bill Number (SBN) 683

"An Act Creating the Philippine Environmental Protection Authority, Defining its Powers and Functions and for Other Purposes."

June 30, 2004

Senators Juan Flavier and Edgardo Angara

Pending in the Environmental and Natural Resources Committee in the Senate (hereinafter referred to as the "Committee")

SBN 36

"An Act to Prevent and Control Marine Pollution From Ships and Fixed and Floating Drilling Rigs and Other Flatforms, Provide Penalties Therefor, And For Other Purposes."

June 30, 2004

Senators Juan Flavier and Edgardo Angara

Pending in the Committee

JETRO IDE ­ Final Report February 20, 2006 Page 38

SBN 47

June 30, " An Act Providing for the Implementation of 2004 the Provisions of the 1992 International Convention on Civil Liability for Oil Pollution Damage and the 1992 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, Providing Penalties for Violations Thereof, And For Other Purposes"

Senator Juan Pending in the Committee Flavier

SBN 137

"An Act Creating the Oil Spill Liability Fund"

June 30, 2004

Senators Luisa Ejercito and Miriam Defensor Santiago

Pending in the Committee

SBN 287

"An Act Increasing the Penalties Imposed Against Failure to Secure an Environmental Clearance Certificate For Undertakings in Environmentally Critical Areas or Violations of the Terms and Conditions Thereof, Thereby

June 2004

30, Senator Serge Osmena

Pending in the Committee

JETRO IDE ­ Final Report February 20, 2006 Page 39

Amending Presidential Decree No. 1586 and For Other Purposes"

SBN 288

June 30, "An Act Establishing 2004 the Coastal Environment Program, Appropriating Funds Therefor And For Other Purposes" "An Act Declaring and Establishing Rivers, River Systems, Beaches, Shores and Waterways as Ecological Zone, And For Other Purposes." "An Act Mandating the Use of Recyclable or Biodegradable Materials For the Packaging of Consumer Products." June 30, 2004

Senator Serge Osmena

Pending in the Committee

SBN 291

Senator Serge Osmena

Pending in the Committee

SBN 713

June 30, 2004

Senator Manuel Villar

Pending in the Committee

SBN 714

"An Act Declaring as Unlawful the Use of Polycarbon Plastics, Styrofoam and Other Synthetic Materials Harmful to the Environment and Establishing a Criterion for the Endorsement of Environment Friendly Consumer Products."

June 30, 2004

Senator Manuel Villar

Pending in the Committee

JETRO IDE ­ Final Report February 20, 2006 Page 40

SBN 715

"An Act Requiring the Recycling and the Utilization of Recycled Materials by Educational Institutions"

June 30, 2004

Senator Manuel Villar

Pending in the Committee

SBN 739

"An Act to Require Industries , Factories, Companies or Any Institution, Firm or Establishment Using Chemicals and Their By-Products for Production, To Develop and Promote a Community Information Program."

June 30, 2004

Senator Manuel Villar

June 30, 2004

SBN 1704

"An Act to Require the Designation of the Safest Routes for the Transportation of Hazardous and Nuclear Wastes."

August 10, 2004

Senator Miriam Defensor Santiago

Pending in the Committee

SBN 1802

"An Act Increasing the Penalty Imposed Against Polluters Of Our Navigable Waters By Amending Section 7 of Presidential Decree No. 600 Governing Marine Pollution."

September 23, 2004

Senator Pia Cayetano

Pending in the Committee

JETRO IDE ­ Final Report February 20, 2006 Page 41

SBN 1998

"An Act Providing for a Senator Pia Cayetano Comprehensive Hazardous and Radioactive Wastes Management, Providing Penalties Therefor, and For Other Purposes."

May 5, 2005

Pending in the Committee

SBN 2074

"An Act Providing Mechanisms for the Reduction of the Distribution of Mercury-Added Products and the Proper Disposal Thereof in Order to Reduce the Introduction of Mercury into the Environment"

August 3, 2005

Senator Edgardo Angara

Pending in the Committee

SBN 2091

"An Act to Establish a Grant and Fee Program to Encourage and Promote the Development of a National Infrastructure for the Recycling of Used Computers."

August 23, 2005

Senator Miriam Defensor Santiago

Pending in the Committee

JETRO IDE ­ Final Report February 20, 2006 Page 42

VI.

GOVERNMENT CAMPAIGNS AND PROGRAMS THAT PROMOTE ADVOCATE RESPONSIBLE WASTE MANAGEMENT AND RECYCLING

AND

1. Establishment of the Philippine Council for Sustainable Development (PCSD) as initiated by the DENR in 1987. PCSD was established specifically to address the adverse impact of growth and development such as but not limited to pollution from factories and pesticide buildup from agriculture. The goal of the PCSD is to achieve economic growth with adequate protection of the country's biological resources and diversity, vital ecosystems functions and overall environmental quality. One of its main objective is environmental education to enable citizens to understand and appreciate the complex nature of the environment. 2. The Designation of the period November 1 to 30, 2005 as the "Clean Air Month" 3. Natural Resources Secretary Michael Defensor reminds dealers, retailers and re-sellers of ozone depleting substances (ODS) specifically hydrochloroflouro carbons (HCFC) and chlorofluorocarbons (CFCs) to register with the DENR's Environmental Management Bureau (EMB) in accordance with Department Administrative Order No. 2004-08. Only those registered with the DENR-EMB and the DTI will be allowed to purchase, re-sell, distribute and utilize for allowable uses of ODS. 4. The DENR, The Department of Local Government (DILG) and US Agency for International Development (US AID) signed a Memorandum of Agreement (MOA) last June 9, 2005. The MOA establishes the roles and responsibilities for the implementation of programs that will strengthen the governance of forest, water and coastal resources and the management of the urban environment. 5. The Philippine Export Processing Zone (PEZA) recently forged a partnership with the German Technical Corporation (GTZ) (December 2005) to implement a project on EcoIndustrial Development (EID) strategy that can be adopted by the economic zones to counter the negative impacts of industrialization on the local environment and community. This is done to ensure that the condition of the environment and the conservation of resources are not compromised in the process of intensified business operations. This project is supported by the Environment Unit of the United Nations Development Programme (UNDP) through a cooperation agreement between GTZ Philippines and UNDP-Philippines. 6. On November 14 to 18, 2005, the PEZA in cooperation with the GTZ and Solid Waste Management Association of the Philippines (SWAPP) conducted a training session on solid waste management at Bella Vista Hotel in Cebu.

JETRO IDE ­ Final Report February 20, 2006 Page 43

7. On October 21 to 22, 2005, the PEZA, the GTC, the Mactan Export Processing Zone Chamber of Exporter and Manufacturers, the DENR and the EMB carried out the "EcoIndustrial Expo 2005 on Environmental Management Services" at the Mactan Export Processing Zone in Lapu-Lapu, Cebu City. VII. GOVERNMENT AUTHORITIES AND DEPARTMENTS ENVIRONMENTAL LAW ENFORCEMENT RESPONSIBLE FOR

1. Department of Environment and Natural Resources (DENR) · · By virtue of Executive Order (EO) No. 192, the Department of Energy and Natural Resources was reorganized and renamed as the Department of Environment and Natural Resources (DENR). This reorganization resulted in the creation of the following offices and bureaus under the DENR: Department Proper: 1. 2. 3. 4. 5. 6. Office of the Secretary Office of the Undersecretaries Office of the Assistant Secretaries Public Affairs Office Special Concerns Office Pollution Adjudication Board

Staff Sectoral Bureaus: 1. 2. 3. 4. 5. 6. Forest Management Bureau Lands Management Bureau Mines and Geo-Sciences Bureau Environmental Management Bureau (EMB) Ecosystems Research and Development Bureau Protected Areas and Wildlife Bureau

Powers and Functions of DENR (Section 5 of Executive Order No. 192): a. Advise the President of the Philippines on the enactment of laws relative to the development, use, regulation, and conservation of the country's natural resources and the control of pollution;

JETRO IDE ­ Final Report February 20, 2006 Page 44

b. Formulate, implement and supervise the government's policies, plans and programs pertaining to the management, conservation, development, use and replenishment of the country's natural resources; c. Promulgate rules and regulations in accordance with law governing the exploration, extraction, disposition, use and such other commercial activities tending to cause the depletion and the degradation of our natural resources; d. Exercise supervision and control over forest lands, alienable and disposable lands, and mineral resources and in the process of exercising such control the DENR shall impose appropriate payments, fees and charges, rentals and any such form of levy and collect such revenues for the exploration, development and utilization or gathering of such revenues; e. Undertake exploration, assessment, classification and inventory of the country's natural resources using ground survey, remote sensing and complementary technologies; f. Promote proper and mutual consultation with the private sector involving natural resources development, use and conservation;

g. Undertake geological surveys of the whole country including its territorial waters; h. Establish policies and implement programs in the areas specified in Section 5 of EO 192; i. Promulgate rules and regulations necessary to: 1. Accelerate cadastral and emancipation patent surveys, land use planning and public land titling; 2. Harness forest resources in a sustainable manner, to assist rural development, support forest based industries and provide raw materials to met increasing demands, at the same time keeping adequate reserves for experimental stability; 3. Expedite mineral resources surveys, promote the production of metallic and nonmetallic minerals and encourage mineral marketing. j. Regulate the development, disposition, extraction, exploration and use of the country's forest, land and mineral resources.

JETRO IDE ­ Final Report February 20, 2006 Page 45

Assume responsibility for the assessment, development, protection, conservation, licensing and regulation as provided by law, where applicable, of all natural resources; the regulation and monitoring of service contractors, licensees, lessees and permittees for the extraction, exploration, development and utilization of natural resources products; the implementation of programs and measures with the end in view of promoting close collaboration between the government and the private sector; the effective and efficient classification and sub-classification of lands of the public domain; and the enforcement of natural resources laws; k. Promulgate rules and regulations for the control of water, air and land pollution; l. Promulgate ambient and effluent standards for water and air quality including the allowable levels of other pollutants and radiations;

m. Promulgate policies, rules and regulations for the conservation of the country's genetic resources and biological diversity and endangered habitats; n. Formulate an integrated multi-sectoral and multi-disciplinary National Conservation Strategy which will be presented to the Cabinet for the President's approval; and o. Exercise other powers and functions and perform such other acts as may be necessary, proper or incidental to the attainment of its mandates and objectives. 2. National Solid Waste Management Commission (NSWMC) This Commission was created by RA No. 9003 (Section 4) or the Ecological Waste Management Act. Powers and Functions: a. Prepare the national solid waste management framework; b. Approve local solid waste management plans in accordance with its rules and regulations; c. Review and monitor the implementation of local solid waste management plans; d. Coordinate the operation of local solid waste management boards in the provincial and city/municipal levels.

JETRO IDE ­ Final Report February 20, 2006 Page 46

e. To the maximum extent feasible, utilizing existing resources, assist provincial, city and municipal solid waste management boards in the preparation, modification and implementation of waste management plans; f. Develop a model provincial, city and municipal solid waste management plan that will establish the prototype of the content and format which the provinces, cities and municipalities may use in meeting the requirements of the National Solid Waste Management Framework; g. Adopt a program to provide technical and other capability building assistance and support to local government units in the development and implementation of source reduction programs; h. Develop and implement a program to assist local government units in the identification of markets for materials that are diverted from disposal facilities through re-use, recycling and composting and other environment friendly methods; i. Develop a mechanism for the imposition of sanctions for the violation of environmental rules and regulations; Manage the Solid Waste Management Fund;

j.

k. Develop and prescribe the procedures for the issuance of appropriate permits and clearances; l. Review the incentives scheme for effective solid waste management for purposes of ensuring relevance and efficiency in achieving the objectives of this RA 9003;

m. Formulate the necessary education promotion and information campaign strategies; n. Establish, after notice and hearing of the parties concerned, standards, criteria, guidelines and formula that are fair, equitable and reasonable, in establishing tipping charges and rates that the proponent will charge in the operation and management of solid waste management facilities and technologies; o. Develop safety nets and alternative livelihood programs for small recyclers and other sectors that will be affected as a result of the construction and/or operation of a solid waste management recycling plant or facility; p. Formulate and update a list on non-environmentally acceptable materials in accordance with the provisions of this RA 9003;

JETRO IDE ­ Final Report February 20, 2006 Page 47

q. Encourage private sector initiatives, community participation and investments resource recovery-based livelihood programs for local communities; r. Encourage all local government agencies and all local government units to patronize products manufactured using recycled and recyclable materials; and s. Propose and adopt regulations requiring the source separation and post separation collection, segregated collection, processing, marketing and sale of organic and designated recyclable material generated in each local government unit. 3. Project Management Office (PMO) on Solid Waste Management

Historically, the PMO was created by virtue of Administrative Order 93-90 under the Office of the President of the Philippines with the following duties and functions:

a. Formulate an integrated national system's framework on solid waste management as well as the criteria/guidelines in the preparation of local waste management plans; b. Formulate specific strategies and plans for the efficient, effective and economic implementation of the Solid Waste Management Framework; c. Formulate standards, systems and procedures for the management and operation of transfer stations and sanitary landfills; d. Provide technical assistance in the construction and site development of transfer stations and sanitary landfills; e. Collect, manage and maintain relevant technical information and database pertaining to all aspects of solid waste generation, collection, re-use and disposal; f. Formulate and implement an information, education and communication plan to increase public awareness, understanding, appreciation and acceptance of new solid waste disposal facilities thereby improving the solid waste management system;

g. Formulate and conduct appropriate community relation programs in the vicinity of the sanitary landfills and transfer stations to inform and educate the communities on the benefits and the environment safety features of the facilities and to allay fears of the perceived hazards and negative effects of the facilities;

JETRO IDE ­ Final Report February 20, 2006 Page 48

h. Identify community needs which may be addressed as part of the development of sites such as infrastructure, utilities and other services which can improve the communities and foster support for the solid waste disposal facilities; i. Facilitate site acquisition process by encouraging community consultations and participation;

j.

Formulate an appropriate cost recovery system for disposal facilities to ensure that these facilities shall be financially viable; k. Develop and prescribe procedures for the issuance of the appropriate permits and clearances on the operation and maintenance of solid waste facilities.

However, with the advent of RA 9003 specifically Section 61 thereof, all solid waste management activities and functions of the government, including that of the Presidential Task Force on Waste Management, were transferred to just one office, i.e. the National Solid Waste Management Commission ­ Secretariat under Environmental Management Bureau (EMB) of the DENR. It is currently headed by Atty. Zoilo Andin. The telephone number of the secretariat is 920-22-79 and it is located in the DENR Office in Quezon City.

4. Philippine Atmospheric, Geophysical and Astronomical Service Administration (PAGASA) Section 31 of RA 8749 or the Philippine Clean Air Act of 1999 mandates PAGASA to regularly monitor meteorological factors affecting environmental conditions including ozone depletion and greenhouse gases and coordinate with the DENR to effectively guide air pollution monitoring and standard setting activities. 5. Environment and Natural Resources Office Section 37 of the Philippine Clean Air Act mandates that every province, city and municipality shall establish an Environment and Natural Resources Office which shall be headed by the environment and natural resources officer to be appointed by the Chief Executive. Its powers and functions are: a. To prepare comprehensive air quality management programs, plans and strategies within the limits set forth in RA 7160 and this Act which shall be implemented within its territorial jurisdiction upon the approval of the sanggunian;

JETRO IDE ­ Final Report February 20, 2006 Page 49

b. To provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of basic services and the provision of adequate facilities relative to air quality; c. To take the lead in all efforts concerning air quality protection and rehabilitation; d. To recommend to the National Statistical Coordination Board (NSCB) air quality standards which shall not exceed the maximum permissible standards set by national laws; e. To coordinate with other government agencies and non-governmental organizations in the implementation of measures to prevent and control air pollution; and f. Exercise such other powers and perform such duties and functions as may be prescribed by law or ordinance; Provided, however, That in provinces/cities/municipalities where there are no environment and natural resources officers, the local executive concerned may designate any of his official and/or chief of office preferably the provincial, city or municipal agriculturist or any of his employees: Provided, finally, That in case an employee is designated as such, he must have a sufficient experience in environmental and natural resources management, conservation and utilization.

VIII. ROLE OF LOCAL GOVERNMENTS IN THE ENFORCEMENT OF ENVIRONMENTAL LAWS PARTICULARLY ON WASTE MANAGEMENT AND RECYCLING The Local Government Code mandates the local government units LGUs to actively participate in the implementation of national programs and projects, to provide services that would promote health and safety and to enhance the people's right to a balanced ecology. The role of the LGUs in the field of waste management and recycling are defined not only in the Local Government Code but in other laws as well. Under RA 9003 or the Ecological Solid Waste Management Act, it is provided that every province should establish a Provincial Solid Waste Management Board which shall have the following functions and duties: a. Develop a provincial solid waste management plan from the submitted solid waste management plans of the respective city and municipal solid waste management boards herein created. It shall review and integrate the submitted plans of all its component cities and municipalities and ensure that the various plans complement each other, and have the requisite components. The Provincial Solid Waste Management Plan shall be submitted to the Commission for approval. The Provincial Plan shall reflect the general

JETRO IDE ­ Final Report February 20, 2006 Page 50

program of action and initiatives of the provincial government in implementing a solid waste management program that would support the various initiatives of its component cities and municipalities; b. Provide the necessary logistical and operational support to its component cities and municipalities in consonance with subsection (f) of Section 17 of the Local Government Code; c. Recommend measures and safeguards against pollution and for the preservation of the natural ecosystem; d. Recommend measures to generate resources, funding and implementation of projects and activities as specified in the duly approved solid waste management plans; e. Identify areas within its jurisdiction which have common solid waste management problems and are appropriate units for planning local solid waste management services in accordance with Section 41 hereof; f. Coordinate the efforts of the component cities and municipalities in the implementation of the Provincial Solid Waste Management Plan;

g. Develop an appropriate incentive scheme as an integral component of the Provincial Solid Waste Management Plan; h. Convene joint meetings of the provincial, city and municipal solid waste management boards at least every quarter for purposes of integrating, synchronizing, monitoring and evaluating the development and implementation of its Provincial Solid Waste Management Plans; i. Represent any of its component city or municipality in coordinating its resource and operational requirements with agencies of the national government; Oversee the implementation of the Provincial Solid Waste Management Plan;

j.

k. Review every two (2) years or as the need arises by the Provincial Solid Waste Management Plan for purposes of ensuring its sustainability, viability, effectiveness and relevance in relation to local and international developments in the field of solid waste management; and l. Allow the clustering of LGUs for the solution of common solid waste management.

JETRO IDE ­ Final Report February 20, 2006 Page 51

With regard to cities and municipalities, Section 12 of RA 9003 provides for their following duties and responsibilities: a. Develop the City or Municipal Solid Waste Management Plan that shall ensure the long term management of solid waste, as well as integrate the various solid waste management plans and strategies of barangays in its area of jurisdiction. In the development of the Solid Waste Management Plan, it shall conduct consultations with the various sectors of the community; b. Adopt measures to promote and ensure the viability and effective implementation of solid waste management programs in its component barangays; c. Monitor the implementation of the City or Municipal Solid Waste Management Plan through its various political subdivisions and in cooperation with the private sector and the NGOs; d. Adopt specific revenue-generating measures to promote the viability of its Solid Waste Management Plan; e. Convene regular meetings for purposes of planning and coordinating the implementation of the solid waste management plans of the respective component barangays; f. Oversee the implementation of the City of Municipal Solid Waste Management Plan; g. Review every two (2) years or as the need arises the City or Municipal Solid Waste Management Plan for purposes of ensuring its sustainability, viability, effectiveness and relevance in relation to local and international developments in the field of solid waste management; h. Develop the specific mechanics and guidelines for the implementation of the City or Municipal Solid Waste Management Plan; i. Recommend to appropriate local government authorities specific measures or proposals for franchise or build-operate-transfer agreements with duly recognized institutions, pursuant to RA 6957, to provide either exclusive or non-exclusive authority for the collection, transfer, storage, processing, recycling or disposal of municipal solid waste. The proposals shall take into consideration appropriate government rules and regulations on contracts, franchises and build-operate-transfer agreements; Provide the necessary logistical and operational support to its component cities and municipalities in consonance with sub-section (f) of the Local Government Code;

j.

JETRO IDE ­ Final Report February 20, 2006 Page 52

k. Recommend measures and safeguards against pollution and for the preservation of the natural ecosystem; and l. Coordinate the efforts of its component barangays in the implementation of the City or Municipal Solid Waste Management Plan.

RA 9003 also requires the establishment of a Materials Recovery Facility (MRF) in every local government unit (LGU). Section 32 of RA 9003 states:

"Section 32 .- There shall be established a Materials Recovery Facility (MRF) in every barangay or cluster of barangays. The facility shall be established in a barangay-owned or leased land or any suitable open space to be determined by the barangay through the Sanggunian. For this purpose, the barangay or cluster of barangays shall allocate a certain parcel of land for the MRF. The determination of site and actual establishment of the facility shall likewise be subject to the guidelines and criteria set pursuant to this Act. The MRF shall receive mixed waste for final sorting, segregation, composting and recycling. The resulting residual wastes shall be transferred to a long-term storage or disposal facility or sanitary landfill."

Presidential Decree No. 1160 which took effect on June 8, 1977 deputized the barangay captain, barangay councilman and barangay zone chairman as peace officers, for purposes of enforcing and implementing national and local laws, ordinances and rules and regulations governing pollution control and other activities which create imbalance in the ecology or disturbance in environmental conditions. For purposes of this study, the research team chose one pilot city in Calamba, Laguna to determine the actual application of the aforementioned laws to a particular local government unit. The city government of Calamba, Laguna established the City Environment and Natural Resources Office (CENRO) as the central office for environmental concerns. This office administers all waste management and recycling programs and campaigns and serves as the coordinating body between the provincial and city governments with regard to environmental protection. According to the CENRO inspector of the City of Calamba, Mr. Nicanor Samson, the city government requires all business establishments to secure a discharge permit with the LLDA and a sanitary permit from the city government. For establishments that generate or accumulate waste material and/or garbage more than the household quantity, the city government requires them to rent an accredited private hauler. Failure of these business establishments to secure the aforementioned permits and rent a private hauler to collect their garbage would result in the denial of their applications for business permits. An added requirement for business establishments operating within Calamba City including PEZA firms is a certification from the CENRO that said business is in compliance with all local ordinances relating to responsible waste management and

JETRO IDE ­ Final Report February 20, 2006 Page 53

recycling. Without this certification, the city government may reject their applications for a business permit. It was observed that the local officials of the city government of Calamba has been adopting a proactive stance when it comes to environmental issues and have passed several city ordinances on proper segregation of wastes, recycling and providing penalties for violations thereof. Listed below is a sample of the ordinances and resolutions passed by the city government of Calamba City: 1. An ordinance providing for the process of proper segregation and disposal of wastes in all hospitals, clinics and funeral parlors located within the city (Ordinance No. 752); 2. A resolution reiterating the implementation of garbage ordinances, provision of garbage receptacles in every public utility vehicle plying the Calamba route (Resolution No. 323); 3. An order authorizing local officials to issue "sanitation citation tickets" to violators of environmental laws and ordinances (Order No. 97-217); and 4. An ordinance providing guidelines for the care and maintenance of the surroundings and providing penalties for violations thereof (Ordinance No. 122). It was observed that the Philippines does not suffer from a lack of laws on responsible solid waste management particularly in the local government level. Regulations and other issuances are more than sufficient to guide each local government unit in the proper segregation and disposal of waste. The problem lies in the proper enforcement of said laws and regulations and the discipline in following the same. IX. NON-GOVERNMENT ORGANIZATIONS (NGOs), ASSOCIATIONS, AND FOUNDATIONS THAT ADVOCATE RESPONSIBLE INDUSTRIAL WASTE MANAGEMENT AND RECYCLING

1. Haribon Foundation for the Conservation of Natural Resources Nature/Purpose: It is a membership organization established in 1972 dedicated to the conservation of Philippine biodiversity. It aims to build a constituency for environmental issues that will call for prioritizing conservation actions or habitats and sites based on solid scientific and socio-economic research. Website: www.haribon.org.

JETRO IDE ­ Final Report February 20, 2006 Page 54

2. Partnership for Clean Air Philippines Nature/Purpose: This is a non-stock, non-profit organization established in November 2003 Email address: [email protected] 3. Ecological Waste Coalition Nature/Purpose: It is a broad alliance of communities, civil society organizations and concerned kindred individuals which includes the Archdiocese of Manila-Ecology Desk, Cavite Green Coalition, Greenpeace, Global Alliance for Incinerator Alternative, Mother Earth Foundation and Zero Waste Recycling Movement of the Philippines. It aims for the strict implementation of the provisions of the Clean Air Act or Republic Act No. 8749 which clearly bans the incineration of infectious and pathological wastes. Email address:[email protected] 4. People's Task Force for Bases Clean-Up Nature/Purpose: It was established in 1994 and advocates the clean-up of former US military facilities in the Philippines. It aims to bring awareness on toxic and hazardous wastes in the country as well as to campaign against its production and dumping by industries. Its mission statement reads as follows: "To seek US responsibility in the comprehensive investigation and clean-up of toxic and hazardous wastes left behind by US military forces in its former bases in the Philippines." Email Address: [email protected] 5. Philippine Watershed Management Coalition Nature/Purpose: To build and strengthen a responsive body of individuals and groups working for the protection and rehabilitation of watersheds across the country. Website: www.philwatershed.org 6. University of the Philippines (UP) Green League Nature/Purpose: This is a non-sectarian, non-partisan environmental movement based in the University of the Philippines which aims to protect, restore and conserve the natural environment through information dissemination campaigns.

JETRO IDE ­ Final Report February 20, 2006 Page 55

Website: www.upgreenleague.org 7. Mother Earth Unlimited Nature/Purpose: This is a non-government organization that seeks to raise public awareness on environmental issues and mobilize people to act positively on the resolution of these issues. It also aims to educate the people on environment protection and proper waste management, reduction, waste segregation at source, composting and recycling towards a zero waste society Email: [email protected] 8. Sagip-Pasig Movement Nature/Purpose: This movement envisions a society that works as one for a balanced ecosystem towards the improvement of life for the succeeding generations. To promote and project various alternative ways of rehabilitating the Pasig river by undertaking comprehensive advocacy and information campaigns addressing both the policy makers and the general public at large. 9. Bantay Kalikasan Nature/Purpose: This is the environmental arm of the ABS-CBN foundation, a media based project supported by a multi-sectoral network of government agencies, private organizations and non-government organizations. It envisions a responsibly protected and preserved Philippine environment where future generations can lead a better quality of life. Its programs are largely focused on the revitalization of the 2,700 hectares, largely denuded La Mesa watershed. 10. Solid Waste Management Association of the Philippines (SWAPP) Nature/Purpose: It is a non-profit organization composed mainly of local government units, academe, private sectors and students. This was organized in November of 1999 during the National Solid Waste Conference. Its website provides the following objectives: Consolidate the efforts of the solid waste management practitioners like the national government agencies, local government units (LGUs), NGOs and other entities in the management of solid waste. Establish and strengthen the partnership between and among national government agencies, LGUs, funding agencies and international associations and organizations.

-

JETRO IDE ­ Final Report February 20, 2006 Page 56

-

Provide advisory services to local chief executives and decision makers on solid waste management; and advocate policy reforms for improved localized solid waste management.

Website:www.swapp.org 11. Center for Environmental Concerns Nature/Purpose: It is a non-government organization established in 1989 to promote awareness, knowledge and use of environmental protection and rehabilitation concepts and technologies as well as conduct research and develop protection and rehabilitation models. Email address: [email protected] 12. Pacific Basin Consortium for Hazardous Waste Research and Management Nature/Purpose: This is a consortium composed of scientists and engineers which was established in 1986. Their aim is to identify and assess, prioritize waste management problems common to Pacific Basin nations. Their objective is to promote research engineering and demonstration of hazardous waste management technologies to solve identified problems. Website: www.pbchw.com.ph 13. Philippine Business for the Environment (PBE) Nature/Purpose: This is a non-stock, non-profit organization which was incorporated in 1992 to assist Philippine business to address its environmental issues and concerns in the belief that the business community has a unique and important role in improvising solutions to environmental problems. PBE publishes a quarterly issue of the "Business and Environment Magazine" which touches on environment issues and environment-related development of special interests to Philippine business. It features companies' and industries' environmental initiatives, classified advertisements for environmental service providers and the Industry Wastes Exchange Program (IWEP)'s partial database. One of the main campaigns of PBE is the IWEP which encourages the exchange of waste of one industry by another industry for re-use or recycling. In its website, the goals of the IWEP are as follows:

JETRO IDE ­ Final Report February 20, 2006 Page 57

· ·

Reduce environmental impacts from industrial waste disposal Generate economic returns through the promotion of resource recycling from industrial wastes.

For those interested in joining the IWEP, it maintains a database (www.im.net.ph) of waste generators and waste buyers/recyclers that can be potentially matched. The participants can either be featured in the quarterly publication of the PBE (Philippine Business and Environment Magazine) and in the aforementioned IEM database. To be included in the list, any waste generator, waste recycler or waste buyer may just fill up the listing form available in the PBE office or may request the PBE to send them an electronic copy (via email) and submit the same to the PBE. The PBE will in turn match waste generators with waste buyers or waste recyclers. The PBE shall serve as a classified ads provider for companies who would like to know where they can sell or buy certain waste products. The information indicated in the listing forms will be strictly confidential and will only be made available upon consent of the concerned companies. Office Address: 2nd Floor, Development Academy of the Philippines Building, San Miguel Avenue, Pasig City. Telephone Number: 6352650 to 51 Website: http://www.pbe.org.ph Contact Person: Ms. Nancy Pilien 14. Pollution Control Association of the Philippines (PCAPI) Nature/Purpose: This is a non-stock, non-government organization formed in June 1980 to work hand in hand with the government for the protection of the environment and the prevention, abatement and control of land, air and water pollution. Its vision is to be the leading resource in Environmental Management System by 2007. The objectives of this association are as follows: · · · · · To foster among its members high ideals of responsibility and deep concern for preserving and maintaining a clean environment. To promote pollution prevention awareness among top managers, decision and policy makers, industrial workers and the general public. To serve as an effective communication link between industry and government regulatory agencies on pollution and environmental protection, and thereby facilitate and accelerate compliance with the requirements of these agencies. To serve as a forum for the ventilation of ideas and discussion of pollution and environmental issues. To assist its members in complying with environmental laws.

JETRO IDE ­ Final Report February 20, 2006 Page 58

·

To coordinate and environmental issues.

cooperate

with

other

non-government

organizations

on

PCAPI has several chapters in various parts of the country. Its Cebu chapter is headed by Ms. Connie Sumalinog who advised that among the functions of the association is to give monthly seminars on various fields of environmental protection. For 2006, hereunder is a list of its monthly seminars:

February - Pollution Control Officers' Orientation and Training Seminar March ­ Seminar on Environmental Management System April ­ Seminar on Water and Waste Water Management May ­ Seminar on Air Impact assessment Preparation June ­ Inter-Regional Convention for all PCAPI members July ­ Seminar on Air Quality Management and Air Pollution Control August ­ Seminar on Chemicals and Hazardous Waste Management September ­ Pollution Control Officers Orientation (Second Batch) October - Seminar on Occupational Health and Safety November ­ Seminar on Solid Waste Management December ­ General Assembly of all PCAPI members

Address of the Cebu Chapter of PCAPI ­ Tesda Compound, Archbishop Reyes Avenue, Banilad, Cebu City Email address of Cebu Chapter ­ [email protected] The Baguio chapter of PCAPI is headed by Ms. Rosemarie Gonzales and the activities of this chapter consist mostly of organizing training seminars for pollution control officers (PCOs) and the subsequent accreditation of these PCOs plus community service. In the month of February 2006, PCAPI Baguio chapter is scheduled to conduct a training seminar for PCOs in partnership with the DENR and in March of 2006 it will conduct a seminar on Environmental Management Systems based on ISO1401. The Baguio chapter of PCAPI is located at the Texas Instruments Building, PEZA, Loakan Road, Baguio City and its telephone number is 447-11-00. Website: http://www.pcapi.org/profile.html 15. Clean and Green Foundation, Inc. Nature/Purpose: The Clean and Green Foundation, Inc. was established primarily to advocate environmentally-sound policies, practices, norms and behavior among all segments of Philippine society. It gathers and disseminates information related to the environment and its effects on the people's quality of life, creatively mobilizing human, financial and technological resources in pursuit of these goals. One of its earliest campaigns was its popular drive for the cleanest and greenest province, city, municipality and inland

JETRO IDE ­ Final Report February 20, 2006 Page 59

bodies of water. Recently, the Clean and Green Foundation, Inc. (CGFI), in coordination with the DTI and the EMB of DENR, established the ecolabelling program of the Philippines based on the ISO 14024 standard. ISO 14024 is the International Organization for Standardization which prescribes international standards or parameters on environmental matters to determine whether a product or a process is considered "environment friendly". The CGFI acts as the secretariat or the administrator of the ecolabelling program of the government formed by Executive Order (EO) No. 301 entitled "Establishing a Green Procurement Program for all Departments, Bureaus, Offices and Agencies of the Executive Branch of Government", which, among others, establishes the criteria from which products shall be evaluated as to whether or not they are safe for the environment. The groups formed by CGFI are composed mainly of scientists, representatives from various industries and members of the academe. The development of a fixed criteria for a certain product is normally a tedious process which sometimes takes years to establish because it entails an intensive study of all aspects of the production including the source of the raw materials, the chemicals used in manufacturing and other major stages of production. Upon the establishment of the criteria, all products which will pass the criteria will be given a stamp or the so-called environmental seal or label which will certify that the same is "eco-friendly". Recently, the detergents "Pride" and "Surf" were given the environmental seal which both products display in all their packaging. Right now, it is the CGFI that has the authority to issue such labels or seal and it is also the foundation that is given the authority to fix the criteria or standards upon which the products shall be judged. Email address: [email protected] Contact Person: Jun Alvarez Contact Number: 0917-890-5118

16. The Association of Environmental 3RD Party Service Providers of the Philippines, Inc. (AE3SP) Association's Profile and Primary Purpose The Association of Environmental 3RD Party Service Providers of the Philippines, Inc. (AE3SP) is organized to serve as the center of professional environmental 3rd party service providers for mutual growth, sustainability and professionalism in waste management industry. With approximately 78 registered members and still growing, it is so far the only association in the Philippines which is dedicated to the furtherance and welfare of those who are physically, directly involved in the management, and handling of waste. This particular sector in the environmental or waste cycle are the waste processors or treaters, the waste collectors and transporters, the traders and dealers of scrap materials and the environmental professionals. Its membership is open to all

JETRO IDE ­ Final Report February 20, 2006 Page 60

parties providing services to waste generators and other parties involved in waste management. Programs/Projects of AE3SP The following are the current major programs/projects of the AE3SP to promote enforcement and compliance with the environmental laws and regulations, and to assist its members in professionalizing its organization and structure to ensure a delivery of high quality service, compliant and align with the legal standards. 1. Unification of all waste treaters and waste transporters to form a single, unified body and strong voice in addressing not only their individual concerns but more importantly, the need of the regulated business, industrial companies (waste generators) including the appropriate government body/ies, legislative body and local government; 2. Upgrade or maintenance of service and safety standards and measures for all its members and other parties involved in waste management to ensure compliance with the laws and regulations; and 3. Discourage the existence and operation of non bonafide enterprises involved in waste management such as waste treaters and waste transporters through dialogues and persistent reminders that such activities may have deleterious effects on the environmental health of the Philippines. Activities and undertakings of AE3SP The activities and undertaking of AE3SP shall be discussed below in line with the aforementioned current programs/ projects of AE3SP. a. Unification of all waste treaters and waste transporters It is the belief of the members of AE3SP that they need to organize to: 1) survive and to hurdle the numerous threats confronting the environmental industry; 2) create a venue where their individual experiences can be shared for the benefit of many; 3) set standards for a uniform quality of services provided for the welfare and assurance of the waste generators (clients);

JETRO IDE ­ Final Report February 20, 2006 Page 61

4) form a single, unified and strong voice to be able to convey their concerns and grievances in the proper forum concerning the industry; and 5) up-grade their awareness on latest technological development and to broaden their horizon through interactions. For this purpose, AE3SP has conducted series of seminars, meetings and other technical forum to up-date and increase their know-how on the local and international trends. Several meetings and interaction were also conducted to reach out to other waste treaters, waste transporters and other potential members to discuss any issues affecting their operation and to develop strategies leading to the solution of the same. Social activities were organized to encourage everyone to speak out their concerns and identify the areas where it may be ventilated through AE3SP. According to its President. Mr. Cezar E. Pacheco, AE3SP has been actively involved in airing its concerns and positions to the Technical Working Group Committee on Ecology in the Philippine House of Representatives. In several occasions, Mr. Pacheco and other members of the Association have attended the hearings before this Committee to be able to convey to the legislative body the real and actual environmental situation in the Philippines and presented several position papers to address the legitimate concerns of waste treaters, waste transporters and other parties involved in waste management. b. Upgrading or maintenance of quality standards and measures To achieve its program of maintaining or upgrading the quality standards and measures for waste treaters, waste transporters and other parties involved in waste management, AE3SP has conducted series of technical workshops and training to intensify its information campaign and people's awareness on the minimum health and safety standards set forth in the laws and regulations. AE3SP maintains a regular and open communication with the regulator to keep up with the changes and improvements on any laws, regulations and rules which are relevant to its members. The up-dates are disseminated through meeting and other modes of communication to ensure that members are aware of the latest regulations which will guide their performance. The Association aligns itself with the various government agencies in ensuring the proper compliance with and enforcement of the environmental laws and regulations in order to ensure the overall protection of the health and welfare of the general public.

JETRO IDE ­ Final Report February 20, 2006 Page 62

c. Eliminations of non bonafide enterprises To properly protect the public from the potential dangers and risks posed by industrial wastes and to have a legitimate and healthy competition among the players in waste management, AE3SP has committed to eliminate the non-bonafide or illegitimate waste treaters and waste transporters by patiently encouraging them to legitimize, thus, avoid the penalties and other sanction provided by law. The non-bonafide or illegitimate waste treaters and waste transporters refer to those who are either not registered with the DENR or those registered with DENR through illegal means (e.g. submitting falsified supporting documents for registration). In this aspect, AE3SP admitted that it is facing a tough problem because in its opinion, the regulators are deficient in apprehending violators or in monitoring every activities in the industry due to lack of resources and logistical support. Further, many regulations can have several interpretations resulting to leniency or even confusion in strictly enforcing the intent of the laws and regulations to be able to stop the unlawful activities of these waste treaters and waste transporters. Likewise, the companies or waste generators sometimes do not verify the facilities or the documents presented to them by these waste treaters and waste transporters to be able to accurately determine their capability and legitimate existence and full compliance with the laws and regulations. d. Competitive service fees for healthy competition AE3SP has also endorsed a program that there should be competitive fees among the players in the waste management (e.g waste treaters and waste transporters) to have a healthy competition for better quality of services. Collaboration with other members or consolidation of services is among the effective measure to provide cost-effective services. Adversely, however, the cut-throat competition in fees has resulted to poor quality of services rendered by these players because they need to cut their cost to cover for their low fees. Current problems and issues of AE3SP As much as AE3SP is dedicated and committed to fully implement its programs in the immediate future, they are, however, constrained to do so by some other major factors. AE3SP is primarily faced with the following two major problems (a) lack of financial resources; and (b) lack of necessary facilities to ensure compliance with the laws and regulations by its members and other stakeholders.

JETRO IDE ­ Final Report February 20, 2006 Page 63

With enormous endeavors of its members, AE3SP is hoping to obtain the necessary funding from local and foreign sources to be able to concretely and completely realize their programs. Current problems in waste management as perceived by AE3SP In addition to the problems in waste management as previously presented, AE3SP has also emphasized some other serious problems which call for immediate attention. First, Mr. Pacheco has noticed that there is an increasing volume and types or classifications of industrial wastes without the corresponding appropriate waste treaters and waste transporters to transport, treat, store and dispose these industrial wastes as required by new laws. The lack of proper waste treaters and waste transporters should be everyone's big concern to be able to guarantee a clean and green environment". Secondly, Mr. Pacheco pointed out that there is not enough volume of recyclable materials in the Philippines to be able to motivate the development of a cost-effective program or produce recycled products in commercial quantity, except used oils which are good recycled products. Third, on the area of garbage or municipal solid waste, the LGUs continuously fail to disregard the law prohibiting open dumpsites in the Philippines. Lack of money, lack of awareness, lack of space, are probably some of the reasons. Finally, there is a very low compliance rate among the regulated parties in the area of proper waste management due to lack of concrete motivators and financial incentives which urgently and seriously need to be addressed by the Philippine government.1

All the information about the Association of Environmental 3RD Party Service Providers of the Philippines, Inc. (AE3SP) are based on interview with Mr. Cesar Pacheco, President of AE3SP, as well as materials from AE3SP.

1

JETRO IDE ­ Final Report February 20, 2006 Page 64

A comprehensive coverage and understanding on Philippine industrial waste management and recycling will be incomplete without a discussion of the practical application of these laws and theories. The second part of this report will contain a discourse on the regulatory and current practices relative to industrial waste management and recycling in the Philippine setting plus the problems encountered by sample companies which try to comply with these laws and regulations.

X. Government Regulatory Framework in Waste Management

A. Government Regulatory Framework a. Overview of government agencies and their divisions tasked to implement waste management-related laws The implementing details of the laws enacted by the Philippine Congress are generally left to the executive department of the Philippine Government which issues rules and regulations to finally carry out the legislative intent of enacting the laws. a.1. Department of Environmental and Natural Resources (DENR) The Department of Environment and Natural Resources (DENR), as part of the executive department of the Philippine government, is the primary government agency responsible to oversee, regulate and monitor the use, development, management, renewal and conservation of the country's natural resources with the end view primarily of protecting and enhancing the quality of the Philippine environment.2 To effectively perform its main responsibilities and duties, the DENR has six (6) staff sectoral bureaus namely: (a) Environmental Management Bureau (EMB); (b) Forest Management Bureau; (c) Lands Management Bureau; (d) Mines and Geo-Sciences Bureau; (e) Ecosystems Research and Development Bureau; and (f) Protected Areas and Wildlife Bureau. Environmental Management Bureau-DENR The Environmental Management Bureau (EMB) is tasked to address concerns on environment and pollution control such as, among others, formulate and/or recommend policies, legislation and government programs for environmental management and pollution control; coordinate and assist the DENR regional offices for proper implementation of the

2

Reorganization Act of the Department of Environment and Natural Resources (Executive Order No. 192, dated 10 June 1987).

JETRO IDE ­ Final Report February 20, 2006 Page 65

laws, rules and regulations and government programs; advise the Secretary of the DENR on the legal aspect of the environmental management and pollution control, and assist in the conduct of public hearings in pollution cases; coordinate and assist the DENR regional office in the formulation and dissemination of information drive for environmental and pollution matters to the general public3. Under EMB there are six (6) divisions specializing in different areas of environmental concerns/issues addressed by specialized laws and rules and regulations, namely: (a) Environmental Impact Assessment Section; (b) Toxic and Hazardous Waste Management Section; (c) Solid Waste Management Section; (d) Air Quality Management Section; (e) Water Quality Management Section; (f) Chemical Management Section. (i) Environmental Impact Assessment Section The Environmental Impact Assessment Section is a specialized Section of the EMB responsible for identifying and evaluating important environmental consequences including social factors that may occur if a project will be undertaken. 4 In evaluating these environmental consequences, the Environmental Impact Assessment Division is dictated by the provisions of Presidential Decree No. 1586 (PD 1586) (partly modified by RA 8749), dated 11 June 1987, creating the Environmental Impact Statement System. Likewise, the Environmental Impact Assessment Division is tasked to implement and monitor the compliance with DAO 2003-30, the implementing rules and regulations of P.D. 1586. (ii) Toxic and Hazardous Waste Management Section The Toxic and Hazardous Waste Management Section is primarily responsible for ensuring the implementation and compliance with the laws affecting the waste management with the view of encouraging, promoting and stimulating technological, educational, economic and social efforts to prevent environmental damage and unnecessary loss of valuable resources of the Philippine through recovery, recycling and reuse of waste and waste products. 5 Specifically, this division is tasked to implement the provisions of Philippine Environmental Code (PD 1152), dated 06 June 1977, the Toxic Substances, Hazardous and Nuclear Wastes Control Act, commonly known as Republic Act 6969, dated 26 October 1990 and its implementing regulations DENR Administrative Order No. 36, series of 2004, and other relevant laws and regulations.

3

Section 16 Reorganization Act of the Department of Environment and Natural Resources (Executive Order No. 192, dated 10 June 1987). 4 www.denr.gov.ph. 5 Section 42 of the Philippine Environmental Code (Presidential Decree No. 1152, dated 06 June 1977).

JETRO IDE ­ Final Report February 20, 2006 Page 66

(iii) Air Quality Management Section The Air Quality Management Section is responsible for the implementation and strict compliance with the provision of Republic Act No. 8749, otherwise known as "Philippine Clean Air Act of 1999, dated June 23, 199 (RA 8749) and DENR Administrative Order No. 2000-81, otherwise know as the "Implementing Rules and Regulations of the Philippine Clean Air Act of 1999". Significantly, the Air Quality Management Section is tasked to monitor and regularly assess the ambient air quality in accordance with ambient air quality guideline values to protect public health and promote the social and economic development of the Philippines. The Director of the Air Quality Management Section is also responsible for issuing valid permits to operate for those identified as sources of air pollution. However, those identified, as new or modified sources, must first obtain an Authority to Construct issued by the Director of Air Quality Management Section. (iv) Water Quality Management Section The Water Quality Management Section, among others, is responsible for the implementation and enforcement of the provisions of RA 9275, otherwise known as the Philippine Clean Water Act of 2004, dated 22 March 2004 and DENR Administrative Order No. 2005-10, otherwise known as the "Implementing Rules and Regulations of the Philippine Clean Water Act of 2004". (v) Solid Waste Management Section To further implement the objectives of the Ecological Solid Waste Management Act (RA 9003), DENR, through its Solid Waste Management Section, has been tasked to provide secretariat support to the NSWMC to ensure the enforcement and strict compliance of the provisions of RA 9003 and its implementing regulations, DENR Administrative Order No. 2001-34, Series of 2001, otherwise known as "Implementing Rules and Regulations of the Philippine Ecological Solid Waste Management Act of 2000". Furthermore, the Solid Waste Management Section is also responsible, among others, to prepare an annual National Solid Waste Management Status Report, provide technical and other assistance and support to the local government units in the development and implementation of solid waste plans and programs, and to recommend policies to eliminate barriers to waste reduction programs and other waste solid related policies. 6

6

Section 3 Rule V of DENR Administrative Order No. 20001-34.

JETRO IDE ­ Final Report February 20, 2006 Page 67

(vi) Chemical Management Section The Chemical Management Section, among others, is responsible for identifying, screening, and evaluating new chemicals before they become commercially available in the Philippines in compliance with the requirements and mechanism established under RA 6969 and DENR Administrative Order No. 29, Series of 1992, as amended. a.2 . Other government agencies concerned 1. Department of Trade and Industry and Local Government Units The DENR coordinated and cooperated with LGU's for proper implementation of the solid waste management plan of the LGUs. Likewise, in recycling program, DTI with the cooperation of the DENR, DILG and the LGU's shall undertake study of existing markets for the processing and purchasing of recyclable materials and undertake potential steps necessary to expand these markets.7 By virtue of EO No. 301 issued on March 29, 2004, DTI is mandated to establish a National Ecolabelling Programme Board (ELP Board) where all government departments and agencies shall submit their respective green procurement programs. The green procurement program is a project of the government that is geared towards encouraging the industry sector to produce environmentally sound products. The purposes of the program are as follows: · · · · To promote the culture of making environmentally-informed decisions in government, especially the purchase and use of different products; To include environmental criteria in public tenders, whenever possible and practicable; To establish the specifications and requirements for products or services to be considered environmentally advantageous; and To develop incentive programs for suppliers of environmentally sound products and services.

As of this date, the EPLB has not yet been created pending the formulation of the implementing guidelines for EO 301. The DTI has, however tasked the CGFI, an NGO earlier described, to administer this ecolabelling program of the government. Within DTI, the Bureau of Product Standards coordinates with CGFI in implementing the ecolabelling program of the government. The role of the DTI and the DENR is mainly to issue the policies and to supervise the CGFI in the implementation of the said program. The DTI and

7

Rule XII of the DENR Administrative Order No. 34, Series of 2004.

JETRO IDE ­ Final Report February 20, 2006 Page 68

the DENR also send representatives to become members of the various groups formed by the CGFI in formulating the criteria for environmentally sound products. Prior to the issuance of EO 301 in 2004, the Green Choice Philippines campaign was launched by DTI in response to the provisions of RA 9003. Part of the campaign was to direct government agencies to choose or purchase supplies that were environmentally sound. The DTI then chose the procurement process of the Board of Investments (BOI) as the forerunner or pilot project of the campaign. In line with this, the BOI issued Office Order No. 4, Series of 2003 which outlined the Green Procurement Policy of said office and subsequently issued several guidelines in the purchase of office supplies and other office materials in conformance with the green choice policy of the government. Shortly after the implementation of Office Order No. 4 of the BOI, the President of the Philippines issued EO 301. 2. Department of Labor and Employment (DOLE) Likewise, the DOLE, in compliance with rules on occupational health and safety has adopted Occupational Safety and Health Standards to protect and ensure the safety of the workers and prevent damage to property. Among the safety net provisions, it requires the employer at his own expense, to furnish his workers with protective equipment for the eyes, face, hands and hazardous nature of the process or environment, chemical or radiological or other mechanical irritants or hazards capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact. 8 It also requires the employer to provide their employees with occupational health services such as physical examination prior and during the employment and to adopt a responsive occupational health program.9 3. Department of Transportation and Communication (DOTC) For transporting hazardous wastes, the transporter shall also comply with the warning signs, markings, and other requirements by the DOTC.

8 9

Rule 1080 of Occupational Safety and Health Occupational Safety and Health Standards. Rule 1960 of of Occupational Safety and Health Occupational Safety and Health Standards.

JETRO IDE ­ Final Report February 20, 2006 Page 69

4. Department of Health (DOH)10 Health Care Waste Management Manual The Health Care Waste Management Manual was conceived and produced in close collaboration with other government agencies, civil society, the academe, and various professional groups in order to disseminate the proper use of existing technology and knowledge on reforms in the management of health care waste. The manual provides practical information regarding safe, efficient, and environment-friendly waste management options. Furthermore, it contains details on safety procedures attendant to the collection, handling, storage, transport, treatment, and disposal of health care waste. This is in line with the DOH's role in (1) addressing the issue of proper health care waste disposal; (2) guiding the planning, implementation, monitoring, and evaluation of the Health Care Waste Management Programs of hospitals, health centers, laboratories, pharmaceutical companies, blood banks, and other health-related establishments; and (3) promoting the health and welfare of Filipinos while protecting them from the risks and hazards of exposure to health care waste. Below are the salient features of the Health Care Waste Management Manual: Waste Minimization The waste management hierarchy consists of source reduction, recycling, treatment, and residuals disposal. To address waste management, waste minimization utilizes the first two elements that could help reduce the bulk of health care wastes for disposal. Measures in Achieving Waste Minimization a. Reduction at Source b. Re-use c. Recycling d. Segregation of waste e. Composting Implementing Waste Minimization Strategies a. Applying health care waste minimization strategies to specific areas of the facility;

10

DOH, "Health Care Waste Management Manual."

JETRO IDE ­ Final Report February 20, 2006 Page 70

b. Tracking the waste minimization efforts and comparing the results with the waste date gathered during the assessment phase of the program; c. Documenting the results and studying the system for continuous improvement; d. Evaluating the waste minimization process to document success and determine training efficiency and needs; e. Instituting policy directives incorporating improved health care waste minimization processes; and f. Planning new health care waste minimization pilot projects for further waste reduction. Basic Steps in the Development of a Waste Minimization Program a. Planning and Organization ­ entails getting top management to be committed to waste minimization and setting overall goals. b. Assessment ­ begins with establishing a baseline of how much is being produced and by whom. c. Feasibility Analysis ­ a technical and economic evaluation of possible waste minimization options are conducted. d. Implementation ­ entails obtaining top management approval, launching educational and communication programs, installing new equipment, or initiating new procedures and evaluating performance. e. Periodic inspection ­ involves regular monitoring and evaluation to uncover problems, identify areas that need improvement, and reveal new issues that may arise in managing waste. Waste Handling, Collection, Storage, and Transport The effective management of health care waste considers the basic elements of waste minimization, segregation, and proper identification of waste. Color Coding Scheme for Health Care Waste Bag Color Black Green Yellow Yellow with Black band Orange Red Type of Waste Non-infectious dry waste Non-infectious wet waste (kitchen, dietary, etc.) Infectious and pathological waste Chemical waste including those w/ heavy metals Radioactive waste Sharps and pressurized containers

JETRO IDE ­ Final Report February 20, 2006 Page 71

Storage All health care wastes should be collected and stored in waste storage until transported to a designated off-site treatment facility. This area shall be marked with a warning sign: "CAUTION: BIOHAZARDOUS WASTE STORAGE AREA ­ UNAUTHORIZED PERSONS KEEP OUT." There are certain requirements for the maintenance of storage facilities. Among others, there should be water supply for cleaning purposes. Furthermore, the storage area should allow easy access for staff in charge of handling the waste and for waste collection vehicle. Collection and Transport of Health Care Waste Health care waste collection practices should be designed to achieve an efficient movement of waste from points of generation to storage or treatment while minimizing the risk to personnel. Waste Treatment And Disposal System Waste Treatment The purpose of treating health care waste is to change the biological and chemical character of the waste to minimize its potential to harm to individuals. The most common technologies employed in health care waste system treatment are (1) thermal, (2) chemical, (3) irradiation, (4) biological processes, (5) encapsulation, and (6) inertization.

Waste Disposal System

Processes in this regard include sanitary landfill (an engineered method designed to keep the waste isolated from the environment), safe burial on hospital premises, septic/concrete vault (especially for the disposal of sharps and syringes). 5. Department of Science and Technology (DOST)11 The Environmental Division (EnD) does the following functions: 1. assists industries and other concerned sectors to reduce their pollution load with corresponding decrease in operating costs and comply with environmental standards

11

"Environmental Division," taken from http://mis.dost.gov.ph/itdi/r&d/end/profile.htm.

JETRO IDE ­ Final Report February 20, 2006 Page 72

through the conduct of research and development, technical services, and environmental training. 2. conducts research and development studies in the field of water and wastewater treatment, air pollution control, toxic and hazardous waste management, solid waste management, and environmental and ecological risk assessment. 3. provides technical services on cleaner production assessment, environmental management systems, air and water sampling and analyses, treatability studies, training, technology verification, and policy advice on environmental legislation and standards. The activities of the EnD staff are divided into three major areas, namely: (1) Research and Development (R&D), (2) Technical Services, and (3) Information, Education and Communication. The following programs that belong to R&D activities: Water Resource Management This management program involves research and development study on different technologies concerning water and wastewater, with primary focus on reducing organic load, nutrient content, color and recycling of wastewater. Air Pollution Control The industry's concerns are to comply with air quality standards and to protect public health and welfare. This program aims to assist industry through the development of low cost and effective technologies from indigenous materials and establishment of air quality management control strategies. Toxic Substances and Hazardous Waste Management Industries have problems on handling, disposal, and treatment of toxic and hazardous waste. This program aims to conduct R&D studies on hazardous waste management techniques and the development and implementation of training modules both for industry and DOST agencies. Environmental Assessment There is a need to identify the effect of industries to physical and biological environment. Thus, this program aims to identify, predict, and evaluate industrial activities on the immediate environs and to recommend measures to mitigate adverse impact. Furthermore,

JETRO IDE ­ Final Report February 20, 2006 Page 73

the assessment program intends to identify risks/hazards associated with the operation of such industrial plants and evaluate/assess the adverse effects these may produce to the environment and to the industrial workers who are potentially exposed. Lastly, the program would assess/evaluate the environmental soundness of technologies by looking at the industries waste control and minimization practices and pollution prevention initiatives in order to increase the efficiency of the companies' manufacturing cost while minimizing environmental impact. Solid Waste Management This program aims to showcase proper solid waste management techniques, solve problems on solid waste disposal, raise environmental awareness and upgrade manpower capabilities on Integrated Solid Waste Management. Programs under the Information, Education and Communication are as follow: i. Environmental Training

The EnD shall conduct and organize workshops/seminars/trainings for the industry and other concerned sectors. The workshops/seminars/trainings comprise environmental pollution prevention, treatment, techno-transfer, and other environmental issues. ii. Asia-Pacific Economic Cooperation (APEC) - Virtual Center This project is a strong and growing force in the Asia-Pacific region working to address the issues like global warming, ozone depletion, and air and water pollution. This project helps APEC economies, municipalities, corporations and environment-related institutions share, via Internet, information on environmental technologies. It disseminates a wide range of information related to protecting the earth. It is approved as a formal APEC joint research project at Osaka APEC meeting in November 1995. 6. Philippine Coast Guard It shall enforce water quality standards in marine waters specifically from offshore sources.12

12

DENR Administrative Order No. 2005-10.

JETRO IDE ­ Final Report February 20, 2006 Page 74

7. Department of Public Works and Highways It shall provide sewerage and sanitation facilities and the efficient and safe collection, treatment, and disposal of sewage within their area of jurisdiction.13 8. Department of Agriculture It shall formulate guidelines for the re-use of wastewater for irrigation and other agricultural uses and for the prevention, control, and abatement of pollution from agricultural and aquaculture activities.14 9. Bureau of Fisheries and Aquatic Resources (BFAR) It shall be responsible for the prevention and control of water pollution for the development, management, and conservation of the fisheries and aquatic resources.15 10. Department of Education (DepEd), Commission on Higher Education (CHED), Department of Interior and Local Government (DILG), and Philippine Information Agency (PIA).16 They shall assist and coordinate with the DENR in the preparation and implementation of a comprehensive and continuing public education and information program.17 b. Hazardous Wastes Management The DENR Administrative Order No. 29, Series of 1992 as amended by DENR Administrative Order No. 36, Series of 2004 and the Procedural Manual Title III of DENR Administrative Order No 29. Series of 1992 provides for the regulation, monitoring of hazardous wastes, enforcement of safety nets to protect the public health and the environment against potential hazard from such kind of wastes. b.1. Government policy on hazardous wastes The Philippine government adopted a policy to prohibit the entry even in transit of hazardous wastes and their disposal into the Philippine territorial limits for whatever purpose. With respect to the hazardous waste generated within the country, the DENR

13 14

DENR Administrative Order No. 2005-10. DENR Administrative Order No. 2005-10. 15 DENR Administrative Order No. 2005-10. 16 DENR Administrative Order No. 2005-10. 17 DENR Administrative Order No. 2005-10.

JETRO IDE ­ Final Report February 20, 2006 Page 75

encourages and monitor proper management of hazardous waste by (a) minimization of the generation of hazardous wastes; (b) recycling and re-use of hazardous waste; (c) treatment of hazardous waste to render it harmless; and (d) landfill of inert hazardous waste residues.18 b.2. Definition of hazardous wastes The definition of hazardous wastes as provided for in the RA 6969 was clarified under the regulations and provides that: "Hazardous wastes are (a) substances that are without any safe commercial, industrial, agricultural or economic usage and are shipped, transported or brought from the country of origin for dumping or disposal into or in transit through any part of the territory of the Philippines; and (b) 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 the environment."19 Hazardous substances are substances which present either: (a) short-term acute hazards such as acute toxicity by ingestion, inhalation or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire or explosion; (b) long-term environmental hazards, including chronic toxicity upon repeated exposure, carcinogenicity (which may in some cases result from acute exposure but with a long latent period), resistance to detoxification process such as biodegradation, the potential to pollute underground or surface waters, or aesthetically objectionable properties such as offensive odors.20 b.3. Classification of hazardous wastes Wastes are considered hazardous if they are listed under the Classification of Prescribed Hazardous Wastes (HW) under Table 1-1, shown below, or they exhibit any of the four characteristics, namely: ignitable, corrosive, reactive or toxic based on Toxicity Characteristic Leaching Procedure (TCLP) 21. Table 1-2 on page 81 enumerates the wastes exempted from the requirements of RA 6969.

18 19

Section 24 of the Rules and Regulations of the Republic Act No. 6969. DENR Administrative Order No. 36, Series of 2004. 20 DENR Administrative Order No. 36, Series of 2004. 21 DENR Administrative Order No. 36, Series of 2004.

JETRO IDE ­ Final Report February 20, 2006 Page 76

Table 1-1 Classification of Hazardous Wastes Class Description Waste Number A101 B201 B202 B203 B204 B205 B206 B207 B208 B299 C301 C302 C303 C304 C305 C399

A: Wastes with cyanide Wastes with Waste containing cyanide with a concentration >200 ppm in liquid cyanide waste B: Acid wastes Sulfuric acid Sulfuric acid with pH =< 2.0 Hydrochloric acid Hydrochloric acid with pH =< 2.0 Nitric acid Nitric acid with pH =< 2.0 Phosphoric acid Phosphoric acid with pH =< 2.0 Hydrofluoric acid Hydrofluoric acid with pH =< 2.0 Mixture of sulfuric and hydrochloric Mixture of sulfuric and hydrochloric acid with pH =< 2.0 acid Other inorganic Other inorganic acid with pH =< 2.0 acid Organic acid Organic acid with pH =< 2.0 Other acid wastes Acid wastes other than B201 to B208 with pH =< 2.0 C: Alkali wastes Caustic soda Caustic soda with pH >= 12.5 Potash Potash with pH >= 12.5 Alkaline cleaners Alkaline cleaners with pH >= 12.5 Ammonium Ammonium hydroxide with pH >= 12.5 hydroxide Lime slurries Lime slurries with pH >= 12.5 Other alkali Alkali wastes other than C301 to C306 pH >=12.5 wastes D: Wastes with inorganic chemicals Selenium and its Includes all wastes with a total Se concentration > 1.0 mg/L based compounds on analysis of an extract Arsenic and its Includes all wastes with a total As concentration > 5 mg/L based on compounds analysis of an extract Barium and its Includes all wastes with a total Ba concentration > 100 mg/L based compounds on analysis of an extract Cadmium and its Includes all wastes with a total Cd concentration > 5 mg/l based on compounds analysis of an extract Chromium Includes all wastes with a total Cr concentration > 5 mg/l based on compounds analysis of an extract

D401 D402 D403 D404 D405

JETRO IDE ­ Final Report February 20, 2006 Page 77

Lead compounds Mercury and mercury compounds

Other wastes with inorganic chemicals

Includes all wastes with a total Pb concentration > 5 mg/l based on analysis of an extract Includes all wastes with a total Hg concentration > 0.2 mg/l based on analysis of an extract. These also includes organomercury compounds. Refer to CCO. Wastes containing the following chemicals: - antimony and its compounds; - beryllium and its compounds; - metal carbonyls ; - copper compounds; - zinc compounds; - tellurium and its compounds; - thallium and its compounds;

D406 D407

D499

- inorganic fluorine compounds excluding calcium fluoride E: Reactive chemical wastes Oxidizing agents Includes all wastes that are known to contain oxidizing agents in concentration that cause the waste to exhibit any of the following properties: 1. It is normally unstable and readily undergoes violent change without detonating; 2. It reacts violently with water; 3. It forms potentially explosive mixtures with water; and 4. When mixed with water, it generates toxic gases, vapor or fumes in a quantity sufficient to present a danger to human health; It is a cyanide (CN) or sulfide (S) bearing wastes, which when exposed to pH conditions between 2 and 12.5 can generate toxic gases, vapors and fumes in a quantity that poses a danger to human health Reducing agents Includes all wastes that are known to contain reducing agents in concentration that cause the waste to exhibit any of the following properties: 1. It is normally unstable and readily undergoes violent change without detonating; 2. It reacts violently with water; 3. It forms potentially explosive mixtures with water; 4. When mixed with water, it generates toxic gases, vapors, or

E501

E502

JETRO IDE ­ Final Report February 20, 2006 Page 78

fumes in a quantity sufficient to present a danger to human health; It is a cyanide (CN) or sulfide (S) bearing wastes, which when exposed to pH conditions between 2 and 12.5 can generate toxic gases, vapors and fumes in a quantity that poses a danger to human health Includes all wastes that are 1) capable of detonation or explosive reaction when subject to a strong initiating source or when heated under confinement, or 2) capable of detonation or explosive o decomposition at a temperature of 20 Celsius and Pressure of 1 atm. Includes all other wastes that exhibit any of the properties described for D501, D502, and D503.

Explosive and unstable chemicals

E503

Highly reactive chemicals

E599

F: Inks/Dyes/Pigments/Paint/Latex/Adhesives/Organic Sludge Includes all aqueous based wastes that also meet one or more Aqueous based of the sub-categories Includes all solvent based wastes that also meet one or more Solvent based of the sub-categories Includes all wastewater treatment sludge from the production of Inorganic pigments inorganic pigments Ink formulation Includes all solvent washings and sludge, caustic washings and sludge or wastewater and sludge from cleaning of tubs and equipment used in the formulation of ink from pigments, driers, soaps, and stabilizers containing Chromium and Lead.

F601 F602 F603

F610

Includes all aqueous-based wastes that also meet one or more of the subcategories. G: Waste organic solvent Halogenated Includes the ff. spent halogenated solvents: organic solvents Tetrachloroethylene, tricholorethylene, methylene chloride, 1,1,1, Trichloroethane, carbon tetrachloride, chlorobenzene, 1,2,2 Trichloroethane, chlorinated flouro-carbons if they contain a total of 10% or more (by volume) of one or more of the above before use; it also includes all still bottoms from recovery of these solvents and solvent mixtures. Other mixed

F699 G703

JETRO IDE ­ Final Report February 20, 2006 Page 79

Non-halogenated organic solvents

Includes the ff. non-halogenated solvents: Xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclo-hexanol, methanol, cresole, cresylic acid, nitro-benzene, toluene, Carbon disulfide, iso-butanol, pyridine, benzene, 2-ethoxy ethanol and 2 nitropropane and other non-halogenated organic solvents if they contain a total of 10% or more (by volume) of one or more of these solvents before use; it also includes all still bottoms from recovery of these solvents and solvent mixtures. H: Putrescible/Organic Wastes Animal/abattoir Includes all wastes from animal feed lots containing an average waste of 100 or more animals; All wastes from commercial slaughter houses that slaughter an average of 500 or more animals per year; all waste from poultry farms with an average of 5,000 fowls or more; all waste from facilities that process an average of 2500 fowls or more. Grease trap wastes from industrial or commercial premises I: Oil Waste oils

G704

H801

Includes all establishments that generate an average of 50 kg H802 per day

Includes all wastes from establishments that generate, transport or treat more than 200 L of waste oil per day except vegetable oil and waste tallow

I101

J: Containers Containers previously containing toxic chemical substances

Waste containers that used to hold the toxic chemical substances listed in Classes A, D, E, and L, sub-categories M504 and M505, and the chemicals listed in the Priority Chemical List. Containers that used to contain Polychlorinated biphenyl (PCB) are categorized as L406 and excluded from this sub-category. K: Immobilized Wastes Wastes whose hazardous substances are physically Solidified wastes and immobilized by consolidation to reduce the surface area polymerized wastes of the wastes in order to meet the waste acceptance criteria

J201

K301

JETRO IDE ­ Final Report February 20, 2006 Page 80

Chemically fixed wastes

Encapsulated wastes

Wastes whose hazardous substances are chemically immobilized through chemical bonds to an immobile matrix or chemical conversion to meet the waste acceptance criteria Wastes whose hazardous substances are physically immobilized by enveloping the waste in a non-porous, impermeable material in order to store hazardous wastes until such time that a proper disposal facility is available.

K302

K303

L: Organic Chemicals Wastes with specific nonhalogenated toxic organic chemicals

Non-liquid waste containing the following: - Tri-butylin - 1,2-diphenylhydrazine - benzene Waste chlorofluoro carbons (CFCs) and halons. Recovered coolant containing chlorofluoro carbons (CFCs) or halons Wastes contaminated with PCB and waste products containing PCB. Refer to CCO. Includes pathological wastes (tissues, organs, fetuses, bloods and body fluids), infectious wastes and sharps Wastes containing friable asbestos. Waste blue and brown asbestos fibers. Refer to CCO. Expired pharmaceuticals and drugs stocked at producers and retailers' facilities. Waste pesticides other than M505. Includes all wastewater sludge from production of pesticides other than those listed in M505. Waste pesticides listed in the Stockholm Convention (POPs Convention) such as aldrin, chlordane, dieldrin, endrin, heptachlor, hexachlorobenzene, mirex, toxaphene, and DDT.

L401

Ozone depleting substances PCB wastes M: Miscellaneous Wastes Pathogenic or infectious wastes Friable asbestos wastes Pharmaceuticals and drugs Pesticides

L402 L406

M501 M502 M503 M504

POPs (Persistent Organic Pollutants) pesticides

M505

The types of wastes listed in Table 1-2 shall be exempted from the requirements of RA 6969.

JETRO IDE ­ Final Report February 20, 2006 Page 81

Table 1-2 Exempted Wastes Description Garbage from domestic premises and households Industrial and commercial wastewaters which are disposed of on-site through the sewerage system Industrial and commercial solid wastes which do not contain hazardous wastes as identified in Table 1-1 Materials from building demolition except asbestos Septic tank effluents and associated sullage wastewaters Untreated spoils from mining, quarrying and excavation works but not materials in the nature of tailings, commercially treated materials and mine facility consumables b.4. Parties involved in the hazardous waste management Generally, under the existing structure of waste management there are three (3) major parties involved, namely: (a) waste generators; (b) waste transporters; and (c) waste treater/operator of treatment, storage and disposal (TSD) facilities who are defined and whose operations are regulated, among others, under DENR Administrative Order No. 36, Series of 2004. Another important party in waste management is a pollution control officer whose roles and duties will be discussed in a separate topic. To determine the proper classification/kind of the parties, below are the definitions for each party:22 (a) The term "waste generators" means a person (natural or juridical) who generates or produces hazardous wastes, through any commercial, industrial or trade activities. (b) The term "waste transporter" means a person (natural or juridical) who is licensed to transport hazardous wastes. (c) The term "waste treater" means a person (natural and juridical) who is licensed to treat, store, recycle or dispose of hazardous wastes. For purposes of determining what constitute TSD facilities, they are facilities where hazardous wastes are stored, treated, recycled, reprocessed, or disposed of.23

22 23

DENR Administrative Order 36, Series of 2004. DENR Administrative Order 36, Series of 2004.

JETRO IDE ­ Final Report February 20, 2006 Page 82

b.5. Duties and Responsibilities of the Parties As the law regulates the waste management to protect the public health and environment from potential danger and risks posed by toxic and hazardous substances in the Philippines, the laws and regulations correspondingly impose duties and responsibilities to each party. (i) Duties and responsibilities of waste generator All waste generators are required to undertake the following duties and responsibilities:24 1. Notification of the type and quantity of wastes Waste generators shall notify the DENR of the type and quantity of wastes generated in accordance with the form and in a manner approved by the DENR and pay the prescribed fee. 2. Quarterly Report Waste generators shall provide the DENR, on a quarterly basis, with information to include the type and quantity of the hazardous waste generated, produced or transported. Please refer to Self Monitoring System Report (SMSR) on page 153 for a detailed discussion of these quarterly reports. 3. Responsibility pending issuance of certificate of treatment Waste generators shall continue to own and be responsible for the hazardous waste generated or produced in the premises until the hazardous waste has been certified by the waste treater as adequately treated, recycled, reprocessed or disposed of. 4. Compliance with storage requirements Hazardous waste generators shall comply with the packaging and labeling requirements as provided for in RA 6969. Please refer to page 1 for a detailed discussion of these requirements.

24

Chapter 2 of DENR Administrative Order 36, Series of 2004.

JETRO IDE ­ Final Report February 20, 2006 Page 83

5. Designation of a Pollution Control Officer Waste generators shall designate a pollution control officer who is responsible for the management of storage facilities.

6. Compliance with pre-transport requirements

Waste generators whose hazardous wastes are transported outside the generator's premises shall comply with the packaging and labeling requirements and prepare a spill response plan to be handed to the designated waste transporter. The spill response plan includes the following instructions to the waste transporter in the event of an accident: a. immediate reporting to the EMB-DENR; b. securing or containing the affected area; and c. cleaning up spilled or leaked hazardous waste.

7. Use of authorized transporters

Waste generators are required to avail of the services of waste transporters who meet the following criteria: a. waste transporter who is registered with the DENR; and b. transporter who has an approved Manifest Form to convey the hazardous waste from the waste generator's premises to the designated TSD facility. For discussion of Manifest Form, please refer to page 99.

8. Compliance with Waste Transport or Manifest System

Waste generators whose hazardous wastes are transported outside the waste generator's premises are required to comply with the Manifest system.

9. Use of recognized treaters

Waste generators are required to avail of the services of a waste treater who has a valid Facility Permit from the EMB Central Office to recycle, reprocess, treat, or dispose of the hazardous waste generated or produced at the generator's premises.

10. Certificate of Treatment

Waste generators, who designate a waste treater to recycle, reprocess, treat, or dispose of the hazardous wastes, shall require the said waste treater to issue a Certificate of

JETRO IDE ­ Final Report February 20, 2006 Page 84

Treatment. The certification shall be accompanied by a photocopy of the last page of the waste transport record signed by all the parties involved.

11. Comprehensive Emergency Contingency plan

Upon registration, the waste generators shall prepare and submit a comprehensive emergency contingency plan to the DENR-EMB Regional Office having jurisdiction over the location of the waste generator to lessen the spills and accidents involving hazardous wastes. The plans should conform with the prescribed guidelines of the DENR and should at least include the following items:

a. name and responsibility of an emergency response coordinator b. name and responsibility of an emergency response team c. communication or information network among the c.1 emergency response team c.2 fire brigade c.3 police c.4 ambulance and medical service c.5 school, hospital and local population (Barangay captain) c.6 LGU officials c.7 national government d. evacuation procedure for all personnel on site e. emergency response equipment f. protective clothes and equipment for all emergency response team members relevant to the type of hazardous waste being handled g. emergency transport procedures h. temporary closure procedures i. training program for all personnel on site to respond to emergency situations

12. Training of personnel and staff In training personnel and staff, the laws and regulations focus, among others, on the following aspects of the waste management to ensure proper protection and safety of its employees and facilities:

a. b. c. d.

waste identification (types and characteristics); potential hazards of the wastes managed on the premises; proper labeling and storage of hazardous wastes including inspection procedures; roles and responsibilities for implementing the emergency contingency plan including response to emergencies (fire, explosion, spill, loss of electricity, evacuation, natural catastrophes, civil disturbance, war, other cases of force majeure, etc.);

JETRO IDE ­ Final Report February 20, 2006 Page 85

e. proper use of emergency equipment (including personnel protective equipment, etc.); f. first aid and safety procedures; and g. laws and regulations concerning hazardous waste management.

(ii) Duties and responsibilities of transporters Transporting of hazardous wastes likewise impose potential hazards to the general public; thus transporters are required to undertake the following duties and responsibilities: 25 a. Type of waste authorized to transport The waste transporters are allowed to transport only the type of hazardous wastes identified in their Registration from registered generators to registered TSD facilities. b. Proper manifest form for received hazardous wastes Transporters shall receive hazardous wastes from a generator with proper manifest form. c. Wastes transport manifest form for transported hazardous wastes Each type of hazardous wastes to be transported should have a wastes manifest record. d. Spill Response Plan The manifest form shall be accompanied by a Spill Response Plan. e. Proper packaging and label Transporters shall receive only hazardous wastes which are properly packaged and labeled and shall deliver the same only to a recognized TSD facility allowed to treat or dispose said specific type of hazardous wastes. f. Environment sensitive areas

In the selection of transport route, the waste transporter must avoid densely populated areas, watershed or catchment areas, and other environmentally sensitive areas.

25

Chapter 3 of DENR Administrative Order 36, Series of 2004.

JETRO IDE ­ Final Report February 20, 2006 Page 86

g. Proper warning signs and markings The transport vehicles shall have warning signs, markings, and other requirements by the DOTC regarding shipment of hazardous goods. h. Proper symbols of conveyances The waste transporter must attach the symbols on the conveyances. Please refer to page 125 for the discussion of the proper symbols. i. Proper delivery of waste

The waste transporter is required to deliver the entire quantity of waste accepted from either the waste generator or another waste transporter (if applicable) to the designated TSD facilities listed on the manifest form. j. Non-delivery of waste

If the waste cannot be delivered to the destination indicated on the manifest form, the transporter must inform the waste generator. The waste generator will instruct the waste transporter either to return it to the generator or transport it to another TSD facility to which the generator has a previous agreement. k. Proper segregation of hazardous wastes The waste transporter shall ensure that the hazardous waste of different sub-categories or different waste generator should not be mixed during the transport, transshipment, and/or storage of the waste. l. Notification to Authorities

The transporter shall immediately notify the DENR through the EMB Regional Office having jurisdiction over the Region in which the waste transporter conveys hazardous waste, the DOTC, the local police, and other parties listed on the emergency contingency plan in case of accidents or spills and clean up the contamination according to the spill response plan provided by the waste generator. The waste transporter must file within ten (10) days a detailed report to the DENR through the EMB Regional Office, describing the accident, spill, and containment or cleanup measures taken.

JETRO IDE ­ Final Report February 20, 2006 Page 87

m. Storage of hazardous waste The waste transporter may store hazardous waste received from a waste generator at a transfer station for a period not exceeding thirty (30) days. In this case, the transfer station shall meet the technical requirements for a TSD facility. n. Affidavit of Undertaking An Affidavit of Undertaking specifying responsibilities and liabilities of waste generator, transporter, and treater for clean up operations and compensation for damages to properties and life in case of spill and other accidents/emergencies is required and should be submitted to the EMB Regional Offices concerned prior to transport. o. Inter-island shipment In case of inter-island shipment, the shipping vessel firm should be a party to the required affidavit of undertaking. (iii) Duties and responsibilities of waste treaters/ operator of TSD facility As the operations of the waste treaters are regulated by the law, they are required to undertake the following duties and responsibilities:26

a. b. c. d. e. f. g. h. i.

secure a TSD Facility Permit from the EMB Central Office; designate a Pollution Control Officer/Environmental Officer; comply with the waste acceptance requirements and the Manifest System; provide initial wastes acceptance procedure to ensure that the TSD facility shall not accept wastes beyond its capacity (including quantity and quality); submit residuals management plan including results of analysis of all hazardous wastes treated, recycled and recovered; conduct periodical (quarterly) inspection of the TSD facility in order to maintain proper function of the TSD facility; prepare and implement an emergency contingency plan; train its personnel and staff on the implementation of the emergency contingency plan and the hazard posed by improper handling, transport, and use of chemical substances and their containers; and submit a quarterly report on the operation practices of the TSD facility to the EMB Central Office.

26

Chapter 6 of the of the DENR Administrative Order No. 36, Series of 2004.

JETRO IDE ­ Final Report February 20, 2006 Page 88

Compliance with categories of facilities The waste treater should also seek the approval of the DENR for its facilities based on the specifications in Table 1-3 below: 27 Category A Description Facilities that conduct on-site disposal of hazardous wastes generated within the facility through industrial or commercial processes and activities other than disposal via sewer Commercial or industrial hazardous waste thermal treatment facilities. Facilities include those that conduct off-site thermal treatment (i.e. pyrolysis) Landfills that accept hazardous waste for disposal. Facilities that accept only inert hazardous waste residues for final disposal and not located on the waste generator's facilities. Facilities that recycle or reprocess hazardous waste which are not generated or produced at the facility. Facilities include those that receive offsite of hazardous waste and recover valuable materials from the hazardous wastes, use hazardous waste as input materials or fuel for production, or produce compost by biological treatment of hazardous waste. It also includes, but are not limited to, facilities that regenerate oil and solvents and recover metals from hazardous wastes. Facilities that immobilize, encapsulate, polymerize or treat hazardous wastes off-site. Facilities include those that receive hazardous waste outside the premises and transform physical and/or chemical characteristics of the hazardous waste by physicochemical or thermal treatment in order to dispose of them into the facilities in Category C: E-1 Facilities to solidify sludge, ashes, and other hazardous wastes E-2 Facilities to melt and solidify inorganic sludge, ash, and other inorganic hazardous wastes E-3 Physicochemical treatment facilities including neutralization, oxidation, and reduction of waste acid, waste alkali, or waste solution containing cyanide or chromium E-4 Facilities to thermally decompose waste containing cyanide E-5 Facilities to decompose PCB E-6 Facilities to chemically treat infectious waste E-7 Facilities to rinse containers that used to contain hazardous waste

B

C

D

E

27

Chapter 6 of the DENR Administrative Order No. 36, Series of 2004.

JETRO IDE ­ Final Report February 20, 2006 Page 89

F

Facilities that store hazardous wastes, which were not generated at that facility. Facilities include those that store hazardous waste generated offsite awaiting treatment, disposal or export F-1 Open space to place containers, vessels, or tanks containing hazardous waste F-2 Buildings to store containers, vessels, or tanks containing hazardous waste F-3 Built tanks to store liquid hazardous waste

Waste acceptance requirements The waste treater should ensure that the following requirements are placed at the time of arrival of the hazardous wastes at the TSD facility, otherwise the waste are not considered acceptable and received by the TSD facility: 28 a. Proper manifest(s) must accompany the shipment (written and certified documents from generator to transporter and to TSD facility). b. The containers are properly labeled as to the type of wastes and any of its potential hazards. c. An independent random analysis undertaken by the TSD facility to verify the type of hazardous waste indicated in its manifest. d. The waste is transported by a licensed and registered hazardous waste transporter. e. The waste type (class and description) and mode of treatment has been approved by the DENR-EMB Central Office as indicated in the permit. If there is any question on the waste acceptance requirement or if the requirements are not in place, the waste should be rejected and return the waste load to the generator named on the manifest. Interim storage at the TSD facility (that is, storage until the issue is resolved) is not permitted. 29 b.6. Pollution Control Officer A Pollution Control Officer is a key officer in waste management required by law to be appointed by industrial, commercial and manufacturing establishments and private entities whose activities are potential and actual sources of water, air and land pollution. Likewise, LGUs are mandated by law to appoint a pollution control officer.30 A pollution control officer, who is required to be accredited with DENR, is generally responsible for the management and operation of pollution control facilities.

28 29

Chapter 6 of the DENR Administrative Order No. 36, Series of 2004. Chapter 6 of the DENR Administrative Order No. 36, Series of 2004. 30 Section 3 of DENR Administrative Order No. 26, dated 29 June 1992.

JETRO IDE ­ Final Report February 20, 2006 Page 90

Qualifications of Pollution Control Officer a. Basic qualifications: A pollution control officer must be a Filipino citizen, of good moral character, mentally and physically healthy, of legal age and must have a professional qualification corresponding to the type of treatment system being handled as described in paragraph b below.31 b. Professional requirement 1. Water pollution control systems: For the operation of Wastewater Treatment Plant treating highly concentrated or toxic or voluminous wastewater and requiring the supervision or management of highly technical person, the officer must preferably be registered Chemical, Mechanical, Mining or Sanitary Engineer or any registered engineer with master's degree in Environmental Engineering or related field. 2. Air pollution control systems: For the operation of air pollution facilities consisting of complex devices to control air pollutants from toxic, hazardous and/or highly pollutive plants, the officer must preferably be a registered Chemicals or Mechanical Engineer. 3. Treatment for toxic and hazardous wastes: For the operation of treatment systems for toxic and hazardous solid waste, the officer must preferably be registered Chemical Engineer or Chemist. 4. Small or simple works: For the operation of small or simple works, facilities or mechanical control devices such as septic tanks, or simple works to treat domestic sewage (for water pollution control), expansion chambers, impingement tanks, etc. (for air pollution control), or facilities for non-toxic solid waste, the officer could be any knowledgeable technical person with basic training in pollution control.32 Duties and Responsibilities of an Accredited Pollution Control Officer a. The accredited Pollution Control Officer shall have the following duties and responsibilities: 1. Attend to the requirements of the establishment or agency prior to the construction or installation of pollution control facilities including the application and securing of necessary pollution permits and renewal thereof.

31 32

Section 4 of DENR Administrative Order No. 26, dated 29 June 1992. Section 4 of DENR Administrative Order No. 26, dated 29 June 1992.

JETRO IDE ­ Final Report February 20, 2006 Page 91

2. Monitor activities pertaining to the installation or construction of pollution source and control facilities with the end in view of ensuring their compliance with the air, noise and water quality standards. 3. Supervise the proper operation and maintenance of pollution control facilities of the establishment or agency. 4. Promptly submit validated/certified as correct by the General Manager the required periodic reports (otherwise, said reports shall not be accepted as evidence in a pollution case). 5. As a liaison officer with the DENR, he shall keep himself abreast with the requirements of the DENR and the latest available technology on the prevention, control and abatement of pollution. 6. Maintain liaison with the city/provincial/municipal or local pollution control officers. 7. Attend the meetings for Pollution Control Officers which may from time to time be called by the DENR. 8. Facilitate compliance of the establishment he represents with the requirements that may from time to time be prescribed by the DENR. 9. Recommend to the management the installation and operation of additional equipment for the pollution abatement facilities. 10. Handle other matters of environmental concern as required by his employer;33 11. Keep a record of operational data and control test indicating the operational efficiency of installations covered by a permit to operate under Philippine Clean Air Act of 1999.34 12. Report within reasonable time to the DENR a breakdown of any pollution control. 13. To notify the DENR within 24 hours from the occurrence of a breakdown of the installation covered by permit to operate under the Philippine Clean Air Act of 1999 with the following information: (a) cause/s of such breakdown; (b) steps taken to solve the problem and prevent its recurrence; (c) the estimated duration of the breakdown; (d) the intent toward reconstruction or repair of such installation; (e) and such other relevant information or data as

33 34

Section 4 of DENR Administrative Order No. 26, dated 29 June 1992. Section 14, Rule XIX of Implementing Regulations of Clean Air Act of 1999.

JETRO IDE ­ Final Report February 20, 2006 Page 92

may be required by the DENR. To notify the DENR when the condition causing the failure or breakdown has been corrected and such source equipment or facility is again in operation.35 b. The accredited Pollution Control Officer of the local government shall have the following duties and responsibilities: 1. Implement devolved function to LGU and/or coordinate the pollution and control and prevention activities within the city, municipality or province, including environmental protection activities such as solid waste management construction and maintenance of sewerage systems, and other pollution control activities. Consistent with the provisions of the Local Government Code the officer can seek assistance from the field offices of DENR regarding the violations or non-compliance with the pollution control requirements and rules and regulations. 2. Upon verification that pollution control requirements are complied with, recommend the filing of all applications for building and/or business permit in coordination with municipal, city or provincial development staff or engineering office for pollution permit applications and application for location and zoning clearance, particularly on manufacturing, industrial and commercial establishments. 3. Cooperate with national/regional officials of the DENR in the enforcement/implementation of environmental protection and pollution control laws, rules and regulations.36 For accreditation purposes, the Pollution Control Officer is required to attend trainings conducted by the Pollution Control Association of the Philippines. Employment Status Pollution Control Officers shall be employed on a full time basis except in firms not meeting certain categories or having lower capacities and/or discharge volume from the mandatory threshold of discharge.

35 36

Section 13, Rule XIX of Implementing Regulations of Clean Air Act of 1999. Section 5 of DENR Administrative Order No. 26, dated 29 June 1992.

JETRO IDE ­ Final Report February 20, 2006 Page 93

Periodic Reporting All accredited private Pollution Control Officers shall submit a periodic report (known as the Self-Monitoring Report) to the respective Regional Officer of the DENR every quarter, or as often as may be required, based on the operation and maintenance of pollution source and control facilities concerned.37 Accreditation of Pollution Control Officer All Pollution Control Officer shall be accredited by the DENR. The accreditation shall be based on the aforementioned professional qualifications and shall observe the following procedures: a. The company/LGU shall apply for the accreditation of its appointed or designated Pollution Control Officer at the respective Regional Offices of the DENR within thirty (30) days from the date of designation and /or appointment, or any date prescribed by the DENR. The application shall be accompanied by the curriculum vitae and/or other supporting documents showing proof of appointee's qualification (e.g. training on environment, copy of the appointment letter, academic diplomas, certificate of employment, etc.); b. The Secretary of DENR or a duly designated official of DENR shall approve/disapprove the accreditation of the appointed/designated Pollution Control Officer within thirty (30) days from the receipt of application; c. As proof of approval, a "Certificate of Accreditation" shall be sent to the firm and the Pollution Control Officer. The said Pollution Control Officer, however, shall be required to attend an orientation program; d. For disapproved applications, the DENR shall officially inform the firm of the reason(s) and direct said firm to submit deficiencies and/or appoint another Pollution Control Officer; and e. The DENR Regional Office shall furnish the EMB a copy of the approved "Certificates of Accreditation" and disapproved applications. EMB shall be the main repository of accreditation records and may develop a Pollution Control Officer database for the purpose. EMB shall be responsible for periodic reporting to the Office of the Secretary of DENR.38

37 38

Section 8 of DENR Administrative Order No. 26, dated 29 June 1992. Section 8 of DENR Administrative Order No. 26, dated 29 June 1992.

JETRO IDE ­ Final Report February 20, 2006 Page 94

Violations of Pollution Control Officers The following shall be considered as violations of Pollution Control Officer:39 a. Submission of false documents and/or reports; b. Failure to perform their legally mandated duties and responsibilities; c. Verifiable negligence of the Pollution Control Officer (such as failure to submit the necessary report/recommendations to the management to address their company's pollution problem) resulting to the application of penalty to the firm such as closure and/or fine due to violation of pollution control laws, rules and regulations; and d. Suspension of the Pollution Control Officer more than once. The following actions shall be taken with regards to the abovementioned violations by Pollution Control Officer: a. First violation: Strict warning b. Second violation: revocation of accreditation An accreditation is suspended due to the following circumstances: a. the establishment has a pending pollution case due to the negligence on the part of the Pollution Control Officer; and b. uncooperative attitude of the Pollution Control Officer. In the event that the Pollution Control Officer is under suspension, the firm is held responsible for designating a temporary substitute within one (1) week from receipt of suspension notice. b.7. Registration Requirements for the parties (i) Waste generator registration Hazardous waste generators are required to notify or register with the EMB Regional Office having jurisdiction over the location of the waste generator on the type and quantity of wastes generated and pay the corresponding registration fees.40

39 40

Section 13 of DENR Administrative Order No. 26, dated 29 June 1992. www.denr.gov.ph

JETRO IDE ­ Final Report February 20, 2006 Page 95

A DENR ID number shall be issued to the hazardous waste generator by the EMB Regional Office upon registration of the waste generator.41 Documentary requirements for waste generator registration The following are the documentary requirements supporting the waste generator registration.42 a. Duly accomplished Hazardous Waste Registration Form A. (Please see Annex A). b. Process Flow Diagram of all waste streams; c. Material Balance of manufacturing process; d. Analysis of wastes; and e. Other relevant information e.g. planned changes in production processes or output.

41 42

Chapter 6 of the DENR Administrative Order 36, Series of 2004. Procedural Flowchart of Toxic and hazardous Waste. www.denr.gov.ph

JETRO IDE ­ Final Report February 20, 2006 Page 96

Procedural Flowchart of waste generator registration43 Below is the procedural flow from the application for registration of a waste generator until the final decision of the DENR:

PROPONENT

SCREENING OFFICER

Requirements Complete? Yes

No

RECORDS SECTION 1day HAZARDOUS WASTE MANAGEMENT SECTION 15 days Evaluation & Site Inspection

Yes With Additional Requirements?

No POLUTION CONTROL DIVISION CHIEF 2 days Comments/Revision OFFICE OF THE REGIONAL DIRECTOR (Approval/Disapproval) 2 days RECORDS SECTION

43

Appendix A-1 of the DENR Administrative Order No. 36, Series of 2004.

JETRO IDE ­ Final Report February 20, 2006 Page 97

Based on the foregoing, the following are the procedural steps for registration of a waste generator:44 a. Applicant/Generator submits duly accomplished Hazardous Waste Generators (HWG) Form A together with the complete requirements. b. The Screening Officer shall determine the completeness of the documents. - If the documents are complete, pay the required fees. - If not complete, the documents will be returned to the applicant. c. EMB Records Section receives the complete documents and forwards to the Office of the Hazardous Waste Management Section (HWMS). d. HWMS evaluates/processes the application, conduct sites inspection, prepares evaluation report and assigns HWG DENR ID No. and forwards to Chief, Pollution Control Division (PCD). e. The PCD Chief reviews and recommends approval/denial of the application. f. Office of the Regional Director-DENR approves or denies the application. A maximum of twenty (20) working days processing time is allotted for application of registration of hazardous waste transporter.

(ii) Waste Transporters Registration

Registration of hazardous waste transporter The transport of hazardous waste requires the transporters to register with the EMD-DENR Central Office and pay the corresponding fees. A DENR Transporter I.D. Number shall be issued the to waste transporter upon its registration, stating the type of hazardous waste authorized to be transported. The registration shall only be valid for one (1) year subject to renewal.45 Documentary Requirements for Registration of Waste Transporter: The following are the documentary requirements supporting the waste transporter registration:46 a. Official Letter of Request;

44 45

Procedural Flowchart of Toxic and Hazardous Waste (www.denr.gov.ph.) Chapter 3 of the DENR Administrative Order No. 36, Series of 2004. 46 Procedural Flowchart of Toxic and Hazardous Waste (www.denr.gov.ph.)

JETRO IDE ­ Final Report February 20, 2006 Page 98

b. Duly accomplished Registration Form for Hazardous Waste Transporter. Please see Annex B for the form; c. Business Permit/SEC Registration Certificate; d. Description/Specification of Conveyance. Details of Transport Service; e. Photographs of conveyance (inside and outside shots of vehicle); f. Sketch/Provision of a garage; g. Proof of ownership of vehicle (Certificate of Registration and Contract of Lease and/or Deed of Sale, if applicable); h. Certification from the Bureau of Fire Protection, in case of tank lorry; i. Contingency/Emergency Preparedness Plan and Certificate of Training from EMB; j. Accountability Statement (duly notarized); and k. Copy of the Certificate of Registration and Official Receipt ( LTO). A maximum of twenty (20) working days processing time is allotted for application for Registration of Hazardous Waste Transporter.

JETRO IDE ­ Final Report February 20, 2006 Page 99

Procedural Flowchart for the Registration of Waste Transporter47 Below is the procedural flow from the application for the waste transporter registration until the final decision of the DENR:

PROPONENT

SCREENING OFFICER

No

Requirements Complete?

Yes RECORDS SECTION

1day HAZARDOUS WASTE MANAGEMENT SECTION 15 days Evaluation & Site

Yes With Additional Requirements? No

ENVIRONMENTAL QUALITY DIVISION CHIEF 2 days Comments/Revisio OFFICE OF THE REGIONAL DIRECTOR (Approval/Disapproval)

2 days (Releasing)

47

Appendix C-1of the DENR Administrative Order No. 36, Series of 2004

JETRO IDE ­ Final Report February 20, 2006 Page 100

Based on the foregoing, the following are the procedural steps for the waste transporter registration:48

a. Applicant/Transporter submits official letter of request together with duly accomplished Registration Form and the complete requirements. b. The Screening Officer shall determine the completeness of the documents. - If the documents are complete, pay the required fees. - If not complete, the documents will be returned to the applicant. c. EMB Records Section of the Central Office receives the complete documents and forwards to the EQD-Hazardous Wastes Management Section (HWMS). d. HWMS evaluates/processes the application and the submitted documents; conducts site inspection (if necessary) and prepares evaluation report and indorse the report to the Chief Environmental Quality Division (EQD). e. The EQD Chief reviews and recommends approval/denial of the application. f. EMB Director approves/denies application.

Permit to Transport Permit to transport from the Regional Office- DENR shall be secured by the waste transporter or treater to be able to the transport the wastes. The permit indicates the type and quantity of the wastes which the transporter is authorized to transport and also contains a validity period. Upon meeting the maximum quantity of the wastes to be transported, the waste transporter should again secure a permit to transport to be able to transport such kind of wastes. Documentary requirements for permit to transport The following are the supporting documents for the application of permit to transport hazardous wastes:49 1. Official Letter of Request from the transporter (Pro-forma); 2. Duly accomplished Application Form (Generator or Treater); and 3. Memorandum of Agreement or Affidavit of Joint Undertaking between the transporter, generator and treater/recycler/disposal facility indicating responsibilities and liabilities of each party (Pro-forma, to include the responsibility of Waste Generator to submit duly accomplished Manifest Form).

48 49

Procedural Flowchart of Toxic and Hazardous Waste (www.denr.gov.ph.). Procedural Flowchart of Toxic and Hazardous Waste (www.denr.gov.ph.).

JETRO IDE ­ Final Report February 20, 2006 Page 101

Procedural Flowchart for Application for Permit to Transport Hazardous Wastes Below is the procedural flow from the application of permit to transport hazardous wastes until the final decision of the DENR:

PROPONENT

SCREENING OFFICER

No Requiremen ts Yes RECORDS SECTION

1day HAZARDOUS WASTE MANAGEMENT SECTION 15 days Evaluation & Site

Yes With Additional Requirements? No

POLUTION CONTROL DIVISION CHIEF 2 days Comments/Revisio OFFICE OF THE REGIONAL DIRECTOR (Approval/Disapproval)

2 days (Releasing)

JETRO IDE ­ Final Report February 20, 2006 Page 102

Based on the forgoing, the following are the procedural steps for the application of permit to transport:50 a. The Applicant/Transporter submits letter of request enclosed with duly accomplished Application Form and the complete requirements. b. The Screening Officer shall determine the completeness of the documents. - If the documents are complete, pay the required fees. - If not complete, the documents will be returned to the applicant. c. Records Section of EMB Regional Office receives the complete documents and forwards to the Hazardous Waste Management Section (HWMS). d. Hazardous Waste Management Section (HWMS) processes/evaluates the application, conducts field inspection, prepares report and indorse the evaluation report to the Chief Pollution Control Division (PCD). e. The PCD Chief reviews and recommends approval/denial of the application. f. Office of the Regional Director approves/denies application. The maximum processing time for issuance of Permit to Transport Hazardous Wastes is Twenty (20) working days. Note: If the application will be submitted to the provincial office, five (5) days will be given to that office to transmit the application to the regional office after which the timeframe of 20 working days will start. Other related-registration requirements 1. Notification of change in the registration information form The waste transporter shall notify the EMB Central Office immediately in writing if there is any change in the registration information. 51 2. Renewal of registration A waste transporter shall renew its DENR Transporter I.D. No. one (1) month prior to the expiration date. Renewal procedure shall follow the initial registration procedure. In addition to the documents required during the initial registration, the waste transporter shall submit a summary of transported hazardous wastes within the previous year.52

50 51

Procedural Flowchart of Toxic and Hazardous Waste (www.denr.gov.ph.) Chapter 3 of the DENR Administrative Order No. 36, Series of 2004. 52 Chapter 3 of the DENR Administrative Order No. 36, Series of 2004

JETRO IDE ­ Final Report February 20, 2006 Page 103

(iii) Requirements for establishing a TSD Facility by waste treaters A waste treaters who wishes to establish a TSD facility shall submit the following requirements: 1. Environmental Compliance Certificate (ECC) or Initial Environmental (IEE) for the TSD facility; and Examination

2. Financial documents showing financial resources of a prospective waste treater (i.e. letter of credit, surety bond, trust fund) to conduct proper hazardous waste treatment continuously and to cover liability for accidents.53 Registration of TSD facilities A waste treater who wishes to operate a TSD facility is required to obtain a TSD Facility Permit prior to commencement of operation in conjunction with an Environmental Compliance Certificate issued under DAO 96-37. The TSD Facility Permit shall be valid for one (1) year.54 The TSD facility permit will show the TSD Registration No. and the kinds of waste for which the treater is authorized to treat, store and dispose. Documentary requirements for the Issuance of TSD Facility Permits The following are the documentary requirements supporting the application for the TSD facility permit:55 a. Duly accomplished Application for Registration (Please see Annex C); b. Copy of Environmental Compliance Certificate (ECC); c. Copy of Permit to Operate for Water Pollution Control Facilities and/or for Air Pollution Source/Control Device; d. Copy of Environmental Impact Statement (EIS) or Initial Environmental Examination (IEE); e. Emergency/Contingency Plans including Abandonment Plan; f. Process flow and detailed description of each treatment/recycling/disposal process technologies including overall material balance identifying all by products, and endproducts and residues; g. Pollution Control Officer Accreditation Certificate;

53 54

Chapter 6 of DENR Administrative Order 36, Series 0f 2004. Chapter 6 of DENR Administrative Order 36, Series 0f 2004. 55 Procedural Flowchart of Toxic and Hazardous Waste (www.denr.gov.ph)

JETRO IDE ­ Final Report February 20, 2006 Page 104

h. i. j. k.

Storage Management Plan for raw materials, residues, by products and end products; Long-term plan for the recycled/processed/end-product; Photographs of the facilities showing processing areas, storage areas; and Accountability statement, duly notarized.

JETRO IDE ­ Final Report February 20, 2006 Page 105

Procedural Flowchart for Registration of TSD Facility Below is the procedural flow from the application of TSD facility registration until the final decision of the DENR 56

APPLICANT Complete Hazardous Waste TSD Facility Application Form : 1. Accomplish form for registration 2. Environmental Compliance Certificate 3. Permit to Operate (PO) Wastewater Treatment Facility (WTF) and Air Pollution Control Device (APCD) (if applicable) Issued by the EMB Regional Office 4. Copy of Environmental Impact Statement or Initial Environmental Examination and 5. Emergency/Contingency Plans including Abandonment Plan Process flow for all treatment/recycling/disposal technologies including overall material balance Complet EMB RECORDS SECTION 1 day ENVIRONMENTAL QUALITY DIVISION 1 day HAZAEDOUS WASTES MANAGEMENT SECTION Additional Requirements 10 days ­ Evaluation and Site Inspection ENVIRONMENTAL QUALITY DIVISION 2 days OFFICE OF THE DIRECTOR

Not

Comments/Inquiries/Revisio

HW DENR ID NO. -----------------------

5 days

56

Procedural Flowchart of Toxic and Hazardous Waste (www.denr.gov.ph)

JETRO IDE ­ Final Report February 20, 2006 Page 106

Based on the foregoing, the following are the procedural steps for TSD facility registration:57 a. The treater submits duly accomplished Registration Form together with the complete requirements; b. The Screening Officer shall determine the completeness of the documents. - If the documents are complete, pay the required fees - If not complete, the documents will be returned to the applicant. c. The Record Section receives application and the requirements and forwards to the EQD of the HWMS. d. EQD-HWMS processes/evaluates Application, conducts site inspection and prepares report and forwards to Chief, Quality Division (EQD); e. The Chief EQD reviews and recommends approval of registration with the corresponding TSD Facility DENR ID No.; and f. EMB Director approves/the application. Requirements for Renewal of a TSD Facility Permit A waste treater who wishes to renew the Facility Permit shall submit the accomplished application form together with a receipt of payment.58 Conditions to Amend a TSD Facility Permit A waste treater shall apply for amendment of a TSD Facility Permit with the EMB Central Office when the waste treater wishes to change any of the following: 59 a. Hazardous waste types that the TSD facility will accept without changes in treatment processes; b. Capacity of the facilities to treat, store, recycle, or dispose of hazardous waste at the permitted TSD facility in Category D, E and F other than those required at the test run; and c. Operation plan (length of operation, closure plan, or post-closure plan). The waste treater shall apply in writing and submit the above-mentioned information to the EMB Central Office. 60

57 58

Procedural Flowchart of toxic and Hazardous Waste. (www.denr.gov.ph) Chapter 6 of the DENR Administrative Order No. 36 , Series of 2004 59 Chapter 6 of the DENR Administrative Order No. 36 , Series of 2004. 60 Chapter 6 of the DENR Administrative Order No. 36 , Series of 2004.

JETRO IDE ­ Final Report February 20, 2006 Page 107

Cancellation of a TSD Facility Permit The following shall be grounds for the TSD Facility Permit cancellation: a. Failure to comply with the permit conditions; and b. Failure to pay the penalties and fines imposed for violation of RA 6969 and its Implementing Rules and Regulations. 61 b.8. International Waste Transactions (Exports and Imports) Recyclable materials containing hazardous substances, which are allowed for importation, are scrap metals, solid plastic materials, electronic assemblies and scrap, and used oil. Hazardous wastes are allowed to be exported for treatment/disposal only to countries which are parties to the Basel Convention on the Transboundary Movement of Hazardous Wastes unless otherwise a bilateral agreement between the Philippines and concerned countries have been established.62 The import and export of hazardous substances should be approved by the DENR through the EMB Central Office. For the importers, they need to register with the DENR and secure an import clearance from the DENR. The importer can simultaneously obtain the registration and import clearance. The import clearance shall indicate the type and quantity of the materials, and the validity period for not more than one (1) year. For exporters, they should submit an export-notification through the DENR-EMB for transmittal to the importer's competent authorities. After getting the consent of the importer's competent authority, the exporter should secure an export clearance from the DENR-EMB. The export clearance shall indicate the type and quantity of the hazardous wastes and the validity period.

61 62

Chapter 6 of the DENR Administrative Order No. 36 , Series of 2004. Chapter 7 of the DENR Administrative Order 36, Series of 2004.

JETRO IDE ­ Final Report February 20, 2006 Page 108

(i) Importation of recyclable materials containing hazardous substances and export of hazardous wastes Responsibilities of the importers of recyclable materials containing hazardous substances Importer of recyclable materials containing hazardous materials are required to do the following:63 a. b. c. d. e. register with the DENR through the EMB as importer of hazardous substances; prepare the emergency contingency plan; designate a Pollution Control Officer; secure an Importation Clearance (IC) prior to actual importation; comply with the transport record or manifest system to convey the imported recyclable materials from the port to the importer's premises after securing an Importation Clearance; f. comply with the labeling and packaging requirements; g. make hazardous wastes and recyclable materials containing hazardous substances accompanied by the movement document from the point at which a transboundary movement commences to the point of disposal; h. secure a TSD facility Permit (Category F: Storage Facilities) prior to importation in case the importer holds the imported recyclable materials containing hazardous substances for periods exceeding thirty (30) days; and i. require exporter from the country of origin to notify the EMB as per Basel Convention Notification Form through the Competent Authority of the exporting countries. Registration as importer of recyclable materials with hazardous materials For the purpose of registration with the DENR-EMB, the importer of recyclable materials containing hazardous substances should comply with the requirements mentioned below: Documentary requirements for registration of importer of recyclable materials with hazardous materials The following are the documentary requirements supporting the application for registration as importer of recyclable materials with hazardous materials:64

63 64

Chapter 7 of the DENR Administrative Order 36, Series of 2004. Procedural Flowchart of Toxic and Hazardous Waste (www.denr.gov.ph).

JETRO IDE ­ Final Report February 20, 2006 Page 109

a. b. c. d.

Official Letter of Request; Duly accomplished Importer Registry Sheet; Copy of Environmental compliance Certificate (ECC); and Copy of Permits to Operate - Air Pollution Source/Control Facility - Wastewater Treatment Facilities.

JETRO IDE ­ Final Report February 20, 2006 Page 110

Procedural flowchart for registration of importer of recyclable materials with hazardous substance Below is the procedural flow from the application of registration as importer of recyclable materials with hazardous substance until the final decision of the DENR 65

APPLICANT

Importer Registry Sheet Application · Importer Information · Waste Generator/Shipper Information · Recycling Facility Information · Attach all Environmental Permits of Recycling Facility · Recyclable Material Information · Transportation Information · Physical Characteristics of Recyclable Material · Importer Certification Complete EMB RECORDS SECTION 1 day Environmental Management Bureau HAZARDOUS WASTE MANAGEMENT SECTION Additional Requirements 15 days ­ Evaluation ENVIRONMENTAL QUALITY DIVISION 2 days Not Complete

OFFICE OF THE DIRECTOR Comments/Inquiries/Revision 5 days

Importer's Registry Certificate

65

Procedural Flowchart of Toxic and Hazardous Waste (www.denr.gov.ph)

JETRO IDE ­ Final Report February 20, 2006 Page 111

Based on the foregoing, the following are the procedural steps for importer registration with the DENR:66 a. The Importer submits Official Letter of Request and duly accomplished Importer Registry Sheet. b. The Screening Officer shall determine the completeness of the documents. - If the documents are complete, pay the required fees. - If not complete, the documents will be returned to the applicant. c. The Record Section receives the application and the complete requirements and forwards to the EQD-HWMS. d. EQD/HWMS evaluates application and conducts inspection of Recycling Facility, prepares report and recommendations for the approval of Registry Certificate to the Chief of EQD. e. The Chief of the EQD reviews and recommends the approval to the Director EMD Director approves/disapproved the registration. Import Clearance As previously mentioned, the importer must also secure a clearance for importation of recyclable materials containing hazardous substances prior to their importations. Below are the requirements and process flow for the application of import clearance. Documentary requirements for application of import clearance The following documents should be submitted by the importer to support his application for an import clearance: a. Official Letter of Request; b. Duly accomplished Importation Clearance for Recyclable Materials Form; c. Copy of "Permits to Operate" - Air Pollution Source/Control Facility (latest renewal) - Wastewater Treatment Facilities d. Notification from the Country of Export; e. Copy of Insurance Coverage for the shipment; f. Purchase Order; g. Last Bill of Lading;

66

Procedural Flowchart of Toxic and Hazardous Waste (www.denr.gov.ph).

JETRO IDE ­ Final Report February 20, 2006 Page 112

h. Affidavit of Joint Undertaking of Exporter/Importer specifying the following: - liabilities for clean up operations in case of spill and emergencies - responsibility of the exporter to retrieve/return the waste when denied entry by the Government of the Philippines - liabilities of parties to compensate for damage to properties and life in case of emergencies and accidents.

JETRO IDE ­ Final Report February 20, 2006 Page 113

Procedural Flowchart for Application of Import Clearance Below is the procedural process for the application of import clearance.67

APPLICANT

COUNTRY OF EXPORT

NOTIFICATION

EMB RECORD SECTION

1 day

ENVIRONMENTAL QUALITY DIVISION

1 day

HAZARDOUS WASTES MANAGEMENT SECTION

10 days Evaluation

ENVIRONMENTAL QUALITY DIVISION

2 days

OFFICE OF THE DIRECTOR

Additional Requirements

5 days

Import Clearance

67

Appendix F of the DENR Administrative Order 36, Series of 2004.

JETRO IDE ­ Final Report February 20, 2006 Page 114

Based on the forgoing, the following are the procedural steps for application of import clearance with the DENR:68 a. The Importer submits Official Letter of Request together with the complete requirements. - if still not yet registered as importer, duly accomplished Hazardous Waste Registration Form and Importer Registry Sheet - if already registered, at least sixty (60) days prior to importation, the applicant submits the Importation Clearance for Recyclable Materials Form and copy of the Basel Convention Notification form submitted by the competent authority of the exporting country. b. The Screening Officer shall determine the completeness of the documents. - If the documents are complete, pay the required fees. - If not complete, the documents will be returned to the applicant. c. Record Section receives the application for Importation Clearance and the complete requirements, forwards to the EQD-HWMS. d. EQD/HWMS evaluates application and conducts inspection of Recycling Facility; prepares report and recommendations for the approval of Importation Clearance and forwards to Chief, Environmental Quality Division (EQD). e. The EQD Chief reviews and recommends the approval of Clearance to the Director. f. EMB Director approves/disapproves Importation Clearance. (ii) Export of hazardous waste Responsibilities of exporters of hazardous waste Exporters of hazardous waste or recyclable materials containing hazardous substances are required to do the following:69 a. Submit notification through the EMB for transmittal to the Competent Authority of the importing and transit countries; b. designate a Pollution Control Officer; c. comply with all the requirements of the Basel Convention on the Transboundary Movement of hazardous Wastes; d. comply with the transport record or manifest system to convey the exporting hazardous waste and recyclable materials containing hazardous substances from

68 69

Procedural Flowchart of Toxic and Hazardous Waste (www.denr.gov.ph) Chapter 7 of the DENR Administrative Order No. 36, Series of 2004.

JETRO IDE ­ Final Report February 20, 2006 Page 115

e. f. g.

h.

i.

the generator to the port of embarkation after securing an Exportation Clearance and Permit; comply with the labeling and packaging requirements; require that the shipment be accompanied by the movement document from the point at which a transboundary movement commences to the point of disposal; written consent on the transboundary movement of hazardous waste and/or recyclable materials containing hazardous substances from each State of transit, if applicable; written confirmation of the existence of a contract between the exporter and the disposer specifying environmentally sound management of the wastes in question from the State of import; and written confirmation of the existence of financial guarantee to cover cost for re-import or other measures that may be needed.

Documentary requirements for the Application of Export Clearance-Transmittal Notification The following are the documentary requirements to support the application for export clearance transmittal notification: Official Letter of Request addressed to the EMB Director Duly accomplished Notification Form Notification/Consent of Importing Country and/or Transit Country if applicable Hazardous Waste Registration of the Generators' DENR ID No. and Latest Quarterly Report e. Insurance Certificate of Cover for the shipment f. Purchase Order/Contract g. Last Bill of Lading, for renewals h. Movement Document/Manifest Form for previous export (If applicable) i. Affidavit of Joint Undertaking of Exporter/Importer specifying the following: 1. liabilities for clean up operations in case of spill and emergencies; 2. responsibility of the exporter to retrieve/return the waste when denied entry by the Country of Export; and 3. liabilities of parties to compensate for damage to properties and life in case of emergencies and accidents. a. b. c. d.

JETRO IDE ­ Final Report February 20, 2006 Page 116

Procedural Flowchart for Application of Export Clearance-Transmittal Notification Below is the procedural process for the application of the export-clearance-transmittal notification. 70

APPLICANT

Not Complete

Complete EMB RECORDS SECTION

1 day ENVIRONMENTAL QUALITY DIVISION

1 day HAZARDOUS WASTE MANAGEMENT SECTION

Additional

10 days ­ Evaluation and Site ENVIRONMENTAL QUALITY DIVISION

2 days OFFICE OF THE DIRECTOR Transit Country

Comments/Inquiries/Revision 5 days Exporter's Notification

Country Destination

70 Appendix F of the DENR Administrative Order 36, Series of 2004 and Procedural Flowchart of Toxic and Hazardous Waste (www.denr.gov.ph.).

JETRO IDE ­ Final Report February 20, 2006 Page 117

And finally, shown below is the procedural process of the application for export clearance:

TRANSIT COUNTRY

COUNTRY OF DESTINATION

OFFICIAL CONSENT

OFFICIAL CONSENT

EMB RECORD SENCTION 1 day ENVIRONMENTAL QUALITY DIVISION

1 day HAZARDOUS WASTES MANAGEMENT SECTION

10 days ENVIRONMENTAL QUALITY DIVISION

2 days OFFICE OF THE DIRECTOR 5 days Export Clearance

JETRO IDE ­ Final Report February 20, 2006 Page 118

Based on the foregoing, the following are the procedural steps for the application of export clearance transmittal notification and/or export clearance with the DENR:71 a. The Exporter submits Official Letter of Request for Transmittal Notification to the EMB Director with the complete requirements and payment of corresponding fee. b. The Screening Officer shall determine the completeness of the documents. - If the documents are complete, pay the required fees. - If not complete, the documents will be returned to the applicants c. EMB Records Section receives the complete documents from the exporter; forwards to the Environmental Quality Division-HWMS. d. EQD/HWMS processes/evaluates request/application, conducts site inspection, prepares report and recommends issuance of Transmittal Notification Certificate and/or export Clearance, whichever is applicable, and forwards to Chief Environmental Quality Division (EQD). e. The EQD Chief reviews and recommends the approval. f. EMB Director approves/disapproves Exporters Notification. g. The competent authority of the country of import/transit countries sends consent to the transboundary movement of hazardous wastes. h. After getting consent from transit country and country of destinations, the exporter shall secure export clearance from EMB-DENR. b.9. Waste Transport Record or Manifest System The waste transport record enables the government to track the movement of the hazardous wastes and ensure the safety of the general public. (i) Required information on the manifest system A waste manifest accompanying the hazardous waste while the waste is being transported shall contain the following information and in a form as provided for in Annex D.

71

Procedural Flowchart of Toxic and Hazardous Waste (www.denr.gov.ph)

JETRO IDE ­ Final Report February 20, 2006 Page 119

Section A: Waste Generator Information a. Name, address, DENR ID No., and telephone and fax numbers of the waste generator; b. Class, sub-classification, and quantity of each hazardous waste; c. Type of container used during transport; d. Intended methods of hazardous wastes treatment, storage, recycling, reprocessing, or disposal at TSD facilities; and e. Special Instructions Section B: Waste Transporter Information a. Name, address. DENR Transporter ID number and telephone, fax numbers of wastes transporter; and b. Name/signature, designation of Authorized Representative and date when wastes were received and shipped by wastes transporter. Section C: TSD Information a. Name/address, DENR ID No., and telephone and fax numbers of wastes treater (TSD facility); and b. Name/signature, designation of Authorized Representative, signature, and date waste were received (or shipped) by treater (TSD facility). (ii) Manifest system requirements for waste generators A waste generator who wishes to store, recycle, reprocess, treat or dispose of hazardous waste at a facility outside of the generator's premises is required to: 72 a. Obtain a manifest form from the EMB Regional Office having jurisdiction over the location of the waste generator; b. Complete portions referring to the waste generator in the manifest form; c. Hand the hazardous waste to the Recognized Waste Transporter with a copy of the Spill Response Plan and 2nd through 6th copies of the manifest;

72

Chapter 4 of DENR Administrative Order No. 36, Series of 2004.

JETRO IDE ­ Final Report February 20, 2006 Page 120

d. Retain and store the 1st copy of the manifest for twenty four (24) months from the date of receipt of the copy of the manifest by the Regional Office having jurisdiction over the location of the wastes generator; e. Confirm the designated waste treater's acceptance of the hazardous waste by receiving the 4th copy of the manifest from the designated waste treater. If the waste generator does not receive the copy within thirty (30) days from the date on which the waste was received by the first waste transporter, the generator must contact the waste transporter and the designated waste treater to determine the whereabouts of the hazardous waste and make either the waste transporter convey the waste to the designated waste treater or the waste treater send the signed manifest; and f. Confirm the designated waste treater's completion of recycling, reprocessing, treatment, or disposal of the hazardous waste by receiving a certification of completion issued by the designated waste treater with a photocopy of the 6th copy of the manifest attached. (iii) Manifest system requirements for waste transporters A waste transporter who conveys hazardous waste from a waste generator to the designated waste treater is required to: 73 a. Compare the label on the containers of hazardous waste against the manifest; b. Affix signature and date on the six copies of the manifest prepared by the generator; c. Receive the 2nd through 6th copies of the manifest, hazardous waste, and the spill response plan from the waste generator; d. Place the manifest in the driver's cabin of the vehicle; e. Respond properly to the Spill Response Plan and the Emergency Contingency Plan in case of accident; immediately contain the spillage and notify the EMB Regional Office having jurisdiction over the location where the accident occurred if the accident results in the spillage or release of the hazardous waste to the environment; f. Make the designated waste treater sign and date the 3rd though 6th copies of the manifest; g. take the 2nd copy of the manifest; and h. hand the hazardous waste and the 3rd through 6th copies of the manifest to the designated waste treater.

73

Chapter 4 of DENR Administrative Order No. 36 , Series of 2004.

JETRO IDE ­ Final Report February 20, 2006 Page 121

If a waste transporter hands the hazardous waste to another waste transporter, the first waste transporter is required to: a. make the other transporter affix the signature and date on the 2nd through 6th copies of the manifest; b. take the 2nd copy of the manifest, and c. hand the hazardous waste, the 3rd through 6th copies of the manifest, the spill response plan to the other transporter. If the waste transporter receives the hazardous waste from another waste transporter and hands the waste to the designated waste treater, the second waste transporter is required to: a. Check the label on the containers of hazardous waste against the manifest; b. Affix signature and date on the 3rd through 6th copies of the manifest; c. receive the hazardous waste, the 3rd through 6th copies of the manifest, and the spill response plan; d. Place the manifest in the driver's cabin of the vehicle; e. Respond properly to the Spill Response Plan and the Emergency Contingency Plan in case of accident; immediately contain the spillage and notify the EMB Regional Office having jurisdiction over the location where the accident occurred if the accident results in the spillage or release of the hazardous waste to the environment; f. Make the designated waste treater affix signature and date on 3rd through 6th copies of the manifest; g. Take 3rd copy of the manifest; and h. Hand the hazardous waste and the 4th through 6th copies of the manifest to the designated waste treater. (iv) Manifest system requirements for waste treaters A waste treater or TSD Facility who receives hazardous waste from a waste generator through a waste transporter is required to: 74

74

Chapter 4 of DENR Administrative Order No. 36, Series of 2004.

JETRO IDE ­ Final Report February 20, 2006 Page 122

a. Verify the accuracy of the waste description (If the hazardous waste data are inaccurate, immediately inform the generator. The waste treater has the right to deny the acceptance of the hazardous waste); b. Affix signature and date on the 4th to 6th copies of the manifest; c. Send the 5th copy of the manifest to the EMB Region Office having jurisdiction over the location of the waste generator and the 4th copy to the waste generator within five (5) days after the acceptance of the hazardous waste; d. Take the 6th copy of the manifest and keep it for twenty-four (24) months after the receipt of the hazardous waste; and e. Treat the wastes within six (6) months upon receipt. (v) Certification of completion of treatment/disposal A waste treater shall issue a certification of completion of recycling, reprocessing, treatment, or disposal of hazardous waste with an attached photocopy of the last page of the manifest signed by all the parties involved. The wastes should be treated within six months after receipt of hazardous wastes. Issuance of certificate of treatment shall not be later than six (6) months after receipt of wastes. (vi) Manifest Fee A manifest form shall be secured from the EMB Regional Office having jurisdiction over the location of the wastes generator after payment of the prescribed fee. b.10. Hazardous waste storage and labeling requirements The hazardous waste generator, the TSD facility, the waste transporter, the duly designated pollution control/environmental officer are required to comply with the storage and labeling requirements pursuant to DENR Administrative Order No. 36, Series of 2004. (i) Minimum Requirements for Hazardous Waste Storage Facilities The hazardous waste storage facilities should comply at least, with the following requirements to ensure that proper storage facilities are in place: a. It must be accessible in cases of emergency and for purposes of inspection and monitoring; b. The facility should be enclosed but adequately ventilated;

JETRO IDE ­ Final Report February 20, 2006 Page 123

c. The floors should be impermeable to liquids and resistant to attack by chemicals, not slippery and should be constructed so as to retain spillages; d. The facility should be properly secured and not easily accessed by unauthorized persons; e. Drums should preferably be stored upright on pallets and stacked no more than four (4) drums high; f. Drums should be raised on pallets or similar structures to allow passage of water and circulation of air; g. All containers should be checked regularly for leaks; h. There should be segregation of acids from bases and other hazardous wastes; and i. There should also be segregation of non-treated from treated hazardous wastes.75 (ii) Labeling Requirements All storage facilities of waste generators should be labeled as specified below: 1. The size of the label is minimum 20cm x 30cm. 2. The color of the label is yellow for background and black for letters conspicuously marked in paint or other permanent form of marking. 3. The material of the label should be scratch proof and resistant to tampering and weathering. 4. The basic form as provided in the table for the basic form of labels attached as Annex E . 5. The label is accompanied by a symbol corresponding to characteristics of the hazardous waste contained in the vessel, container, or tank.76 Proper labeling should be done at the waste generator's facility and should be retained up to the TSD facility. In case of export, additional label as required by international standards should be attached. 77 (iii) Position of the label attached to vessels, containers, and tanks The label shall be attached to the side of the vessel, container, and tank. If the vessel, container, or tank is used repeatedly, the label can be a plate and hung on the side of the vessel, container or tank that stores hazardous wastes. In case of a containment

75 76

Chapter 5 of the DENR Administrative Order No. 36, Series of 2004. Chapter 5 of the DENR Administrative Order No. 36, Series of 2004. 77 Chapter 5 of the DENR Administrative Order No. 36, Series of 2004.

JETRO IDE ­ Final Report February 20, 2006 Page 124

building, all the types of hazardous wastes contained in the building should be included in the plate. 78 (iv) Symbols accompanying the label The following symbols should accompany the label representing the types of hazardous wastes: 79 a. Explosive Any substance or article which is designed to function by explosion, or which, by chemical reaction within itself, is able to function in a similar manner even if not designed to function by explosion. See Figure 1 below. b. Flammable (Ignitable)

o o

Liquid: any liquid having a flash point of not more than 60 C, closed-cup test, or 65.6 C, open-cup test. See Figure 2a below. Solid: any of the following three types of materials: wetted explosives that when dry are explosives; self-reactive materials that are liable to undergo, at normal or elevated temperatures, a strongly exothermal decomposition caused by excessively high transport temperatures or contamination; or readily combustible solids that may cause a fire through friction, show a burning rate faster than 2.2 mm per second, or be ignited and react over the whole length of a sample in 10 minutes or less. See Figure 2b below. *Pyrophoric materials (solid or liquid) that, even in small quantities and without an external ignition source, can ignite within five minutes after coming in contact with air; or self-heating materials that, when in contact with air and without an energy supply, are liable to combustion. c. Reactive or Oxidizing A material that may, generally by yielding oxygen, cause or enhance the combustion of other materials.

78 79

Chapter 5 of the DENR Administrative Order No. 36, Series of 2004. Chapter 5 of the DENR Administrative Order No. 36, Series of 2004.

JETRO IDE ­ Final Report February 20, 2006 Page 125

Any organic compound containing the bivalent -0-0- structure, that is thermally unstable and can undergo exothermic self-accelerating decomposition. See Figure 3 below. d. Toxic A substance which, if inhaled or ingested or penetrates the skin, may involve serious acute or chronic health risks including carcinogenicity, teratogenicity, and mutagenicity on human and other life forms. See Figure 4 below. e. Corrosive A liquid or solid that causes visible destruction or irreversible alterations in human skin tissue at the site of contact, or a liquid that has a severe corrosion rate on steel or aluminum. See Figure 5 below. f. Infectious or pathogenic Containing a viable microorganism (or its toxin) which is known or suspected to cause disease in humans or animals. See Figure 6 below. Below are illustrative symbols for the above-mentioned signals:

Figure 1. Explosive

JETRO IDE ­ Final Report February 20, 2006 Page 126

Figure 2a. Flammable Liquid

Figure 2b. Flammable Solid

Figure 3. Reactive

JETRO IDE ­ Final Report February 20, 2006 Page 127

Figure 4. Toxic

Figure 5. Corrosive

Figure 6. Infecious

JETRO IDE ­ Final Report February 20, 2006 Page 128

Specifications of Symbols The following specifications of symbols should be observed: 1. The minimum size of the symbol is 25 cm x 25cm for vessels, containers, and tanks and 30cm x 30cm for conveyances carrying vessels, containers, and tanks. 2. Basic shape of the symbols is a square rotated 45 degrees to form a diamond. 3. At each of the four sides, a parallel line shall be drawn to form an inner diamond 95 % of the outer diamond. 4. The color should follow the colors specified in the figures below. 80 b.11. Penalties and Prohibited Acts The following are the lists of administrative violations in relation to waste management of hazardous wastes with the corresponding penalty fees:81

a) failure to provide appropriate information to the DENR upon registration; b) submission of documents containing false information; c) failure to comply with reporting requirements under the law; d) failure to comply with the conditions of a permit, except those specified herein. e) failure to comply with labeling requirements; f) failure to place placards on the conveyance/vehicle g) failure to comply with the subpoena or subpoena duces tecum issued by the Secretary of the DENR or his duly authorized representative.82

PhP 10,000.00 PhP 50,000.00 PhP 10,000.00 PhP 50,000.00/ condition violated PhP 50,000.00 PhP 50,000.00 PhP 50,000.00

In addition to the aforementioned sanctions, the following penalties shall likewise apply to each of the parties on the basis of their respective violations:83

80 81

Chapter 5 of DENR Administrative Order No. 36, Series of 2004. Chapter 7 of DENR Administrative Order No. 36, Series of 2004. 82 Chapter 8 of the DENR Administrative Order No. 36, Series of 2004.

83

Chapter 8 of the DENR Administrative Order No. 36, Series of 2004.

JETRO IDE ­ Final Report February 20, 2006 Page 129

Waste generators: a) failure to submit a completed copy of the Hazardous Waste Manifest Form to the DENR; b) performs the functions of a TSD Facility without the appropriate TSD Facility Permit 84 Waste transporters: a) conveys or transports hazardous wastes without the proper manifest forms; b) conveys or transports hazardous wastes without the proper labels and placards 85 TSD Facilities: a) accepts hazardous wastes without the proper manifest; b) stores, recycles, reprocesses, treats or disposes of hazardous wastes at a TSD facility without the appropriate TSD facility permit; c) failure to notify the DENR of the residuals generated as a consequence of its recycling, reprocessing or treatment activities 86 Importers and Exporters: a) importing recyclable materials containing hazardous substances without securing import clearance from the DENR; b) exporting hazardous wastes or materials containing hazardous substances without securing an export clearance from the DENR. 87 c. Air Quality Management

PhP 50,000.00

PhP 50,000.00

PhP 50,000.00 PhP 50,000.00

PhP 50,000.00 PhP 50,000.00

PhP 10,000.00

PhP 50,000.00 PhP 50,000.00

With the view of providing guidelines on the operationalization of RA No. 8749, otherwise know as the "Philippine Clean Air Act of 1999", the DENR issued DENR

84 85

Chapter 8 of the DENR Administrative Order No. 36, Series of 2004. Chapter 8 of the DENR Administrative Order No. 36, Series of 2004. 86 Chapter 8 of the DENR Administrative Order No. 36, Series of 2004. 87 Chapter 8 of the DENR Administrative Order No. 36, Series of 2004.

JETRO IDE ­ Final Report February 20, 2006 Page 130

Administrative Order No. 2000-81, Series of 2000. One of the most important thrust of this regulation is to formulate a comprehensive national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities. 88 c.1 National Ambient Air Quality Guideline Values To protect the health, safety, and general welfare of the public population, the National Ambient Air Quality Guidelines Values are established with the list of hazardous air pollutants with the corresponding ambient guidelines values. Please see Annex F for the National Ambient Air Quality Guidelines Values. c.2 Management of Attainment and Non-Attainment Areas The EMB-DENR shall delineate attainment and non-attainment areas for proper monitoring of the air quality based on the National Ambient Quality Guidelines Values. The delineation of such areas shall be reviewed and revised from time to time as relevant data becomes available. a. Attainment Areas Attainment areas are those areas where the existing ambient air quality is at or below the National Ambient Air Quality Guidelines Values. For existing89 and new/modified sources90, they must comply with the National Emission Standards for Source Specific Air Pollution (NESSAP) and National Ambient Air Quality

Rule IV of DENR Administrative Order No. 2000-81, Series of 2000. "Existing Source" means any source already erected, installed, and in operation; or any source for which construction has been offered for bidding or actual construction has commenced prior to the date of effectivity of these Implementing Rules and Regulation (November 25, 2000). Any existing source which in the opinion of the Department has undergone a modification after the date of adoption of an applicable rule and regulation, shall be reclassified and considered a new source (Rule VI of DENR Administrative Order No.2000-81, Series of 2000.)

89 90 "New Source" means any plant, equipment, or installation in any trade, business or establishment which generates, emits or disposes air emissions into the atmosphere and constructed after the date of effectivity of these Implementing Rules and Regulations (November 25, 2000). This includes any existing stationary source transferred or moved to a different location or site for the purpose of installation, operation or use after such date source (Rule VI of DENR Administrative Order No.2000-81, Series of 2000.) 88

"Modified sources" for purposes of attainment areas refers to any existing source in an attainment area making a change or modification to its process or production, which results in an increase of potential emissions equal to or greater than the following, shall be considered significant and subject to the rules under the New / Modified Sources in Attainment Areas section.

JETRO IDE ­ Final Report February 20, 2006 Page 131

Standards (NAAQS) pertaining to the source. Please see Annex G for NESSAP and Annex H for NAAQS. For new sources, they are required to operate and install Available Control Technology for each regulated pollutant with the potential to be emitted in quantities equal to or greater than 100 tons per year.91 If the existing sources do not comply with both the NESSAP and NAAQS, a Compliance Plan should be submitted to the EMB for approval, which details how the source will be brought into compliance. The owner of the facility must submit the plan within two (2) months of notification of non-compliance by the EMB. The plan must include a schedule that will provide for as long as eighteen (18) months to meet the applicable standards after notice of noncompliance by the EMB. The EMB may grant an extension of up to twelve (12) months for good-faith actions from the source owner.92 Compliance plans may include the use of emission averaging and emission trading as approved by the EMB and described below. 1. Emission Averaging is a technique whereby a facility, having more than one source of a given pollutant, may, under certain circumstances and with the approval of EMB, reduce emissions from one or more sources sufficiently so that the average of all the facility's source emissions is equal to or below the applicable standard for a particular pollutant. Emission averaging is computed on an annual potential ton per year basis.93 2. Emission trading refers to a market-based approach to air pollution control, which allows for transferring emission credits between different facilities for use as a form of regulatory compliance.94

Carbon Monoxide Nitrogen Oxides Sulfur Dioxide TSP PM10 Volatile Organic Compounds Hydrogen Sulfide

91 92

100 tons per year 40 tons per year 40 tons per year 25 tons per year 15 tons per year 40 tons per year 10 tons per year

Rule X of DENR Administrative Order No. 2000-81, Series of 2000. Rule IX of DENR Administrative Order No. 2000-81, Series of 2000. 93 Rule VI of DENR Administrative Order No. 2000-81, Series of 2000. 94 Rule VI of DENR Administrative Order No. 2000-81, Series of 2000.

JETRO IDE ­ Final Report February 20, 2006 Page 132

b. Non-attainment areas Non-attainment areas refers to those delineated areas where the existing ambient air quality is not in conformance with the National Ambient Air Quality Guideline Values.95 For existing and new/modified sources, they must comply with the NESSAP and NAAQS pertaining to the source.96 Existing Sources For existing sources not in compliance with the standards above, a Compliance Plan should be submitted to the EMB for approval, which details how the source will be brought into compliance. The owner of the facility must submit the plan within two (2) months of notification of non-compliance by the EMB. The plan must include a schedule that will provide for as long as eighteen (18) months to meet the applicable standards after notice of noncompliance by the EMB. Extensions or grace periods will not be allowed in non-attainment areas.97 Should the source failed to comply with its commitment within the specified period in the compliance plan, the EMB shall impose penalties and fines to be computed retroactive from the time the notification of non-compliance was served.98 Emission Averaging and Emission Trading Existing sources located in non-attainment areas will be allowed to use emission averaging for compliance purposes. However, they will not be allowed to participate in emission trading for the pollutant or pollutants for which the area is designated as a non-attainment area, except as a generator (not user) of emission reduction credits.99 Emission Fee Surcharge Sources subject to the non-attainment provisions will be assessed a 50% surcharge on the annual emission fees for the pollutant(s) for which the area is designated as nonattainment.100

95 96

Rule XI of DENR Administrative Order No. 2000-81, Series of 2000. Rule XII of DENR Administrative Order No. 2000-81, Series of 2000. 97 Rule XII of DENR Administrative Order No. 2000-81, Series of 2000. 98 Rule XII of DENR Administrative Order No. 2000-81, Series of 2000 99 Rule XII of DENR Administrative Order No. 2000-81, Series of 2000. 100 Rule XII of DENR Administrative Order No.2000-81, Series of 2000.

JETRO IDE ­ Final Report February 20, 2006 Page 133

Penalty and Fine Surcharge Sources subject to the non-attainment provisions will be subject to a 100% surcharge for any penalties or fines relating to a violation of the non-attainment provisions.101 Air Pollution Control Technology New and modified sources102 shall install and operate air pollution control technology which will provide the lowest achievable emission rate (LAER) of the pollutant for which the area is designated non-attainment. The affected firm will propose technologies it believes will meet the intent of this regulation. The EMB will approve the use of lowest achievable emission rate control technologies on a case-by-case basis.103 Emissions offsets New and modified sources must provide offsets in existing actual emission within the non-attainment area in a ratio of 1:1.2 to the potential emission level of the proposed new or modified source. The offsets may be made from any existing source in the nonattainment area but must be actual, demonstrable, enforceable, and permanent. The proposed offsets are subject to approval by the EMB.104 Emission Averaging and Emission Trading New and modified sources subject to the non-attainment provisions may not use emission trading or emission averaging for compliance purposes.105 Continuous Emission Monitoring New and modified sources must install and operate, according to manufacturer specifications, continuous emission monitoring devices for each pollutant for which the area is in non-attainment and which the source emits. Application, installation, and

101 102

Rule XII of DENR Administrative Order No. 2000-81, Series of 2000. For purposes of non-attainment areas modified sources refer to any existing source, located in a non-attainment area, making a change in the process or production, which increase potential emissions from the source of the pollutant for which the area is designated non-attainment. Equipment overhaul, refurbishment, or upgrade to extend the life of the equipment beyond its normal useful life is considered to be a modification if it results in the increase of potential emissions. (Rule XII of DENR Administrative Order No. 2000-81, Series of 2000.). 103 Rule XIII of DENR Administrative Order No. 2000-81, Series of 2000. 104 Rule XII of DENR Administrative Order No. 2000-81, Series of 2000. 105 Rule XII of DENR Administrative Order No. 2000-81, Series of 2000.

JETRO IDE ­ Final Report February 20, 2006 Page 134

operation of the Continuous Emission Monitoring System (CEMS) shall meet the same criteria provided under the Attainment Areas section.106 Emission Fee, Penalty, and Fine Surcharge The same emission fee, penalty, and fine surcharge under the Existing Sources in NonAttainment Areas section shall apply to new/modified sources in non-attainment areas.107 It is worthy to note that the DENR is still in the studying phase and gathering information to establish attainment and non-attainment areas. c.3 Air Pollution Clearances And Permits For Stationary Sources a. Permits Required All sources of air pollution subject to these Implementing Rules and Regulations must have a valid Permit to Operate issued by the Director of the EMB. New or modified sources must first obtain an Authority to Construct issued by the Director.108 Filing Fees for Applications ­ A fee to be determined by the DENR, through the EMB, shall be paid upon filing of any of the following applications: 1. Authority to Construct 2. Permit to Operate 3. Transfer of an existing and valid Permit to Operate by reason of transfer of location of the installation or change of permittee or both 4. Revision of any existing and valid Authority to Construct or Permit to Operate involving alteration or replacement of the installation 5. Renewal of an expired Authority to Construct or Permit to Operate 6. Any other application for a permit not otherwise enumerated above

106 107

Rule XII of DENR Administrative Order No. 2000-81, Series of 2000. Rule XII of DENR Administrative Order No. 2000-81, Series of 2000. 108 Rule XIX of DENR Administrative Order No. 2000-81, Series of 2000.

JETRO IDE ­ Final Report February 20, 2006 Page 135

Filing fees for applications, which have been denied, shall not be refunded nor applied to subsequent applications. 1. Authority to Construct109 All proposed or planned construction or modification of sources that has the potential to emit 100 tons per year or more of any of the regulated pollutants are hereby required an Authority to Construct approved by the EMB before construction or modification activities can take place. Applications shall be filed in four (4) copies and supported by the official receipt of the filing fees and by such documents, information, and data as may be required by the EMB, including the following: a. Engineering report An engineering report covering the plant description and operations, the estimated types, concentrations and quantities of all emissions to the atmosphere, the proposed control facilities, the emission rate and annual mass emission objectives, the design criteria for air pollution control equipment to be used, and other relevant information. The design criteria, if warranted, shall be based on the results of laboratory and pilot plant scale studies. The design efficiencies of the proposed air control equipment and the quantities and types of pollutants in the final emissions shall be indicated. Where confidential records are involved, the EMB may limit the full disclosure of the same after discussions with the applicant. b. Plans and specification of installation and control facilities The plans and specifications of the installation and its control facilities (in standard size of 50 cm by 90 cm) duly certified by a registered professional mechanical engineer, sanitary engineer, chemical engineer, or a combination of any two or all of them as may be required by the EMB depending upon the nature of the construction, operation or activity sought to be covered by the Authority to Construct. The plans shall clearly show in adequate detail the proposed arrangement, location and size of the pollution control equipment or facilities, including their accessories, cross-sections, and construction details. The specifications shall be in sufficient detail so that, when read in conjunction

109

Rule XIX of DENR Administrative Order No. 2000-81, Series of 2000.

JETRO IDE ­ Final Report February 20, 2006 Page 136

with the plans, they clearly reveal the proposed means and methods for the control of pollution and their expected performance efficiency. c. Air Quality Analysis The project proponent shall conduct an air quality impact analysis using EMB-approved computer dispersion models and techniques. The impact analysis shall estimate the resulting ambient air concentrations for all significant pollutants from the facility, and shall include the existing ambient air concentrations as a baseline. The impact analysis will be used by the EMB, together with other relevant information, to determine if the proposed construction or modification will result in a violation of an applicable air quality standard. d. Vicinity Map A vicinity map adequately identifying the street address, if any, of the location or premises of the installation. The EMB shall, within a reasonable time, act on the application for Authority to Construct either by issuing the corresponding Authority to Construct or by denying the application in writing by stating the reason or reasons thereof. The Authority to Construct shall be issued subject to such conditions as the DENR, through the EMB, may deem reasonable to impose and upon payment of the fees in accordance with the schedule to be prepared by the EMB. In case the application is denied, the applicant, within ten (10) days from notice of such denial, may file only one written petition for reconsideration. The decision on said petition shall become final after ten (10) days from receipt thereof. Conversion of Authority to Construct to Permit to Operate110 Once new source construction or modification is completed the source owner shall, within sixty (60) days of startup, request the authorizing agency (generally the DENR through the EMB) to convert the Authority to Construct to a Permit to Operate. A valid Permit to Operate will be issued once the owner has demonstrated to the satisfaction of the authorizing agency that all permit conditions have been or will be met and that no air quality standards or guidelines will be exceeded. The owner shall conduct source

110

Rule XIX of DENR Administrative Order No. 2000-81, Series of 2000.

JETRO IDE ­ Final Report February 20, 2006 Page 137

testing using methods and techniques approved by the EMB as part of the demonstration. Application for Permit to Operate111 An application for a Permit to Operate shall be filed for each source emitting regulated air pollutants. Facilities having more than one source may group the sources under a single permit application, provided the requirements below are met for each individual source. Applications shall be made in a format prescribed by the DENR, through the EMB, filed in triplicate copies, together with a copy of the official receipt of the filing fees and including the following: a. The information mentioned under the Authority to Construct section of this rule. b. A statement of compliance or non-compliance with the NESSAP (a statement of compliance or non-compliance with the Emission Standards for Treatment Facilities Using Non-Burn Technologies on the handling, treatment, disposal and utilization of un-recycle, un-composted bimedical and hazardous wastes 112 ). The statement of compliance shall be supported with actual test data (such as stack sampling test data) or data gathering techniques acceptable to the EMB. c. A statement of compliance or non-compliance with the Ambient Air Quality Standards. The statement of compliance shall be supported by dispersion modeling data that uses modeling techniques and sampling approved by the EMB. For cases in which source sampling and analysis are not practical, the EMB may approve the use of actual ambient air test data to demonstrate compliance with the Ambient Air Quality Standards, so long as the location and conditions of the testing conform to a "worst case" scenario as demonstrated by air dispersion modeling. d. A compliance action plan for sources not meeting regulatory requirements. The Compliance Plan may include provision for use of emission averaging and/or trading as allowed under the Attainment and Non-Attainment Areas sections. e. A certification signed by the applicant attesting to the accuracy and completeness of the application.

111 112

Rule XIX of DENR Administrative Order No. 2000-81, Series of 2000. Rule XXVII of DENR Administrative Order No. 2000-81, Series of 2000.

JETRO IDE ­ Final Report February 20, 2006 Page 138

f. A signed copy of the appointment or designation of the pollution control officer of the applicant. g. Other documents, information and data as may be required by the DENR through the EMB. Requirements in the Permit to Operate Requirements in the Permit to Operate will be based on operating conditions at the time of the test. For example, if the facility passes the stack sampling test at 50% operating capacity, then the Permit to Operate will require the facility to operate at or below 50% operating capacity.113 Action on the Application for Permit to Operate114 Within thirty (30) days from the submission of the complete requirements, the DENR, through the EMB, shall act on the application for Permit to Operate by approving or denying the same in writing. The DENR, through the EMB, may deny an application having incomplete requirements when the applicant fails or refuses to complete the same despite being given reasonable time to do so.115 The Permit to Operate shall be issued or renewed every year subject to such conditions as the DENR, through the EMB, may deem reasonable to impose and upon payment of the permit fees for air pollution source and control facilities.116 In case the application is denied, the applicant may, within ten (10) days from notice of such denial, file only one written petition for reconsideration. The decision on said petition shall become final after ten (10) days from receipt thereof. Applications for a Permit to Operate shall be available for public review at the Department Regional Office for the Region in which the applicant's facility is located. Any interested person may oppose the application for a Permit to Operate in writing before its approval. In such a case, the EMB may conduct a public hearing on the application.

113 114

Rule XIX of DENR Administrative Order No. 2000-81, Rule XIX of DENR Administrative Order No. 2000-81, 115 Rule XIX of DENR Administrative Order No. 2000-81, 116 Rule XIX of DENR Administrative Order No. 2000-81,

Series of 2000. Series of 2000. Series of 2000. Series of 2000.

JETRO IDE ­ Final Report February 20, 2006 Page 139

Temporary Permit to Operate For purposes of sampling, planning, research, and other similar purposes, the DENR, through the EMB (upon submission of satisfactory proof) may issue a Temporary Permit to Operate for a maximum of ninety (90) days, provided that the applicant has a pending application for a Permit to Operate. 117 Life and General Conditions of Permit A permit duly issued by the DENR, through the EMB, shall be valid for the period specified therein but not beyond one (1) year from the date of issuance unless sooner suspended or revoked. It may be renewed by filing an application for renewal at least thirty (30) days before its expiration date and upon payment of the required fees and compliance with requirements. 118 Issuance of the permit shall not relieve the permittee from complying with the requirements of RA 8749 and these rules. Furthermore, the commencement of the work or operation under such permit shall be deemed acceptance of all the conditions therein specified. Grounds for Modification of Permit Conditions After due notice and public hearing, the DENR, through the EMB, may modify any existing and valid permit by imposing new or additional conditions, provided that the permittee is given reasonable time to comply with such new or additional conditions upon showing:119 a. That an improvement in emission quality or quantity can be accomplished because of technological advances without unreasonable hardship; b. That a higher degree of treatment is necessary to effect the intents and purposes of the applicable provisions of these rules and regulations; c. That a change in the environment or surrounding conditions requires a modification of the installation covered by a permit to conform to applicable air quality standards, as the case may be;

117 118

Rule XIX of DENR Administrative Order No. 2000-81, Series of 2000. Rule XIX of DENR Administrative Order No. 2000-81, Series of 2000. 119 Rule XIX of DENR Administrative Order No. 2000-81, Series of 2000.

JETRO IDE ­ Final Report February 20, 2006 Page 140

d. That the area in which the permitted facility is located has been changed from an undesignated area or an attainment area to a non-attainment area for one or more criteria pollutants; or e. That RA 8749 or these rules and regulations require the modification of the permit conditions. Grounds for Suspension or Revocation of Permits After due notice and hearing, the DENR may suspend or revoke any existing and valid permit on any of the following grounds:120 1. Non-compliance with, or violation of any provision of RA 8749, these rules and regulations, and/or permit conditions 2. False or inaccurate information in the application for permit that led to the issuance of the permit 3. False or inaccurate information in the monitoring data or in reports required by the Permit to Operate 4. Refusal to allow lawful inspection conducted by duly authorized personnel of the DENR through the EMB 5. Non-payment of the appropriate fees 6. Other valid purposes Posting of Permit The permittee shall display the permit upon the installation itself in such manner as to be clearly visible and accessible at all times. In the event that the permit cannot be so placed, it shall be mounted in an accessible and visible place near the installation covered by the permit. 121 No person shall willfully deface, alter, forge, counterfeit, or falsify any permit. Transfer of Permits In case of sale or legal transfer of a facility covered by a permit, the permittee shall notify the DENR, through the EMB, of such and the name and address of the transferee within thirty (30) days from the date of sale or transfer. In case of failure to do so, the permittee shall be liable for any violation of the rules and regulations that the transferee

120 121

Rule XIX of DENR Administrative Order No. 2000-81, Series of 2000. Rule XIX of DENR Administrative Order No. 2000-81, Series of 2000.

JETRO IDE ­ Final Report February 20, 2006 Page 141

may commit by reason of such transfer. It shall be the duty of the transferee to file an application for transfer of the permit in his name within ten (10) days from notification of the DENR through the EMB. 122 Plant Operational Problems In the event that the permittee is temporarily unable to comply with any of the conditions of the Permit to Operate due to a breakdown of the installation covered by the permit for any cause, he or his pollution control officer shall immediately notify the DENR, through the EMB, within 24 hours from occurrence of such breakdown of such cause(s) and the steps being taken to solve the problem and prevent its recurrence, including the estimated duration of the breakdown, the intent toward reconstruction or repair of such installation and such other relevant information or data as may be required by the DENR through the EMB. The DENR, through the EMB, shall be immediately notified when the condition causing the failure or breakdown has been corrected and such source equipment or facility is again in operation. 123 In such a case, the permittee may be subject to the payment of fines or penalties as provided under the fines and penalties section of these rules. Monitoring and Reporting The owner or the pollution control officer in charge of the installation shall keep a record of its operational data and control test indicating its operational efficiency, and shall furnish a copy of the same to the DENR, through the EMB, quarterly in accordance with the procedures and/or programs approved by the DENR, through the EMB, for this purpose. 124 A permit issued by the DENR, through the EMB, will generally contain source-specific monitoring and reporting requirements for air pollutant concentrations at the point of emission, for determination of compliance with the requirements of the NESSAP. These requirements may include, where applicable, a provision that sample results for particular matter shall be corrected to standard operating (or combustion) conditions such as 12% carbon dioxide.

122 123

Rule XIX of DENR Administrative Order No. 2000-81, Series of 2000. Rule XIX of DENR Administrative Order No. 2000-81, Series of 2000. 124 Rule XIX of DENR Administrative Order No. 2000-81, Series of 2000.

JETRO IDE ­ Final Report February 20, 2006 Page 142

c.4. Emission Averaging Application of Emission Average Facilities having multiple sources within a contiguous property and owned by the same entity may use emission averaging for compliance purposes if provided for in either the Attainment or Non-Attainment Areas sections.125 Approach of Emission Averaging Facility owners wishing to use emission averaging for compliance purposes must do so through an enforceable Compliance Plan submitted as a part of the operating permit application. The EMB must approve the Compliance Plan and application of emission averaging for it to be effective.126 Requirements for Emission Averaging Facilities must install Continuous Emission Monitoring Systems (CEMS) approved by the EMB for the pollutant(s) to which emission averaging is being applied. The CEMS must be installed on each source subject to emission averaging. Application, installation, and operation of the CEMS shall meet the Continuous Emission Monitoring section.127 c.5. Emission Trading Application of Emission Trading Emissions trading may be allowed among pollution sources within an airshed as provided in the Attainment and Non-Attainment Areas sections. Facilities located in different airsheds may use trading as approved by the EMB.128 Approach of Emission Trading Facility owners wishing to use emission trading for compliance purposes must do so through an enforceable Compliance Plan submitted as a part of the operating permit

125 126

Rule XXI of DENR Administrative Order No. 2000-81, Series of 2000. Rule XXI of DENR Administrative Order No. 2000-81, Series of 2000. 127 Rule XXI of DENR Administrative Order No. 2000-81, Series of 2000. 128 Rule XXII of DENR Administrative Order No .2000-81, Series of 2000.

JETRO IDE ­ Final Report February 20, 2006 Page 143

application of each facility. The EMB must approve the Compliance Plan and application of emission trading for it to be effective.129 Requirements for Emission Trading Facilities must install a CEMS approved by the EMB for the pollutant(s) to which emission trading is being applied. The continuous emission monitoring system must be installed on each source that is being used to generate the emission reduction credits. Like in emission averaging, application, installation, and operation of the CEMS shall meet criteria provided under Continuous Emission Monitoring section.130 c.6. System of Incentives Industries, which shall install pollution control devices or retrofit their existing facilities with mechanisms that reduce pollution, shall be entitled to tax incentives such as but not limited, to tax credits and/or accelerated depreciation deductions.131 The following are the tax incentives granted to the qualified industries:132 1. Accelerated depreciation A qualified enterprise can avail of the following methods of depreciation: a. Straight-line method; b. Declining-balance method, using a rate not exceeding twice the rate which would have been used had the annual allowance been computer under the method described in Section 34 (F)(1) of the Tax Code c. Sum-of-the-years digits method; d. Any other method prescribed by the Secretary of Finance upon recommendation of the Bureau of Internal Revenue Commissioner. 2. Deductibility of Research and Development Expenditures; 3. Tax Credits; and 4. Exemption of Real Property Tax under the Local Government Code of 1991.

129 130

Rule XXII of DENR Administrative Order No. 2000-81, Series of 2000. Rule XXI of DENR Administrative Order No. 2000-81, Series of 2000. 131 Rule XXIII of DENR Administrative Order No. 2000-81, Series of 2000. 132 Section 4 of DENR Administrative Order No. 2004-53, Series of 2004.

JETRO IDE ­ Final Report February 20, 2006 Page 144

c.7. Record-Keeping, Inspection, Monitoring and Entry Required Relevant Reports and Records The EMB or its duly accredited entity shall, after proper consultation and notice, require any person who owns or operates any emission source or who is subject to any requirement of RA 8749 to:133 1. 2. 3. 4. establish and maintain relevant records; make relevant reports; install, use, and maintain monitoring equipment or methods; sample emission, in accordance with the methods, locations, intervals, and manner prescribed by the EMB; 5. keep records on control equipment parameters, production variables, or other indirect data when direct monitoring of emissions is impractical; and 6. provide such other information as the EMB may reasonably require. c.8. Right of Entry, Inspection, and Testing Pursuant to RA 8749, the EMB, through its authorized representatives, shall have the right of:134 a. entry or access to any premises including documents and relevant materials as referred to in the herein preceding paragraph; b. inspect any pollution or waste source, control device, monitoring equipment or method required; and c. test any emission. c.9. Records Available to the Public Any record, report, or information obtained under this section shall be made available to the public, except upon a satisfactory showing to the EMB by the entity concerned that the record, report or information, or parts thereof, if made public, would divulge secret methods or processes entitled to protection as intellectual property. Such record, report, or information shall likewise be incorporated in the EMB's industrial rating system.135

133 134

Rule XXIII of DENR Administrative Order No. 2000-81, Series of 2000. Rule XXIII of DENR Administrative Order No. 2000-81, Series of 2000. 135 Rule XXIII of DENR Administrative Order No. 2000-81, Series of 2000.

JETRO IDE ­ Final Report February 20, 2006 Page 145

c.10. Source Specific Ambient Air Quality Standards National Ambient Air Quality Standards For any industrial establishment or operation, the discharge of air pollutants that result in airborne concentration in excess NAAQS shall not be permitted. c.11. Motor Vehicle Pollution from Motor Vehicle The provisions under this section shall cover the issuance of a Certificate of Conformity (COC) to manufacture, assemble locally, and import into the country of new motor vehicles; enforcement of permissible emission levels of motor vehicles to be manufactured, marketed, and/or operated in the country; implementation of the National Motor Vehicle Inspection and Maintenance Program including accreditation and authorization of private emission testing centers and certification of inspectors and mechanics; and roadside inspection of motor vehicles.136 General Requirements Every motor vehicle manufacturer, assembler, or importer shall provide all new motor vehicles with a service manual or written instructions for the proper use and maintenance of the motor vehicle, including all relevant service information or specifications to ensure proper functioning of the emission control system and compliance with emission standards.137 All newly-manufactured or imported gasoline-fuelled motor vehicles, including motorcycles and mopeds, to be introduced into the market or imported into the Philippines shall be designed to operate on unleaded gasoline.138 Application for Certificate of Conformity (COC) The application for a COC shall be submitted to the EMB by the motor vehicle manufacturer, assembler, importer or their duly authorized representatives. It shall be accompanied by the following particulars in triplicate copies:139

136 137

Part IX of DENR Administrative Order No. 2000-81, Series of 2000. Part IX of DENR Administrative Order No. 2000-81, Series of 2000. 138 Part IX of DENR Administrative Order No.2000-81, Series of 2000.

JETRO IDE ­ Final Report February 20, 2006 Page 146

a. b. c. d.

Complete and detailed descriptions of motor vehicle and the engine; Description of the emission control system installed in the motor vehicle; Details of the fuel feed system; Vehicle Type Approval System test result by DOTC/LTO (while the DOTC/LTO is developing inspection capability of the motor vehicle type approval system test, the previous emission test results of pre-production engine vehicle type duly authenticated by the Philippine Embassy/Consulate of the country of origin or manufacture of subject motor vehicle shall be valid and sufficient); and e. Other particulars which may be required by the DENR. Filing Fees for Application for COC A fee to be determined by the DENR through the EMB shall be paid upon the filing of the COC application. Filing fees for applications that have been denied shall not be refundable, nor applicable to subsequent applications.140 Approval of Application Upon a determination that the vehicle type meets the general requirements and upon payment of the corresponding application fees, the EMB shall issue a COC within a reasonable time. The COC shall be valid for six (6) years from date of issuance.141 Roadside Inspection of Motor Vehicles Vehicles found emitting excessive smoke while operating in any public highway shall be subjected to an emission test by properly-equipped DOTC through LTO and/or DOTCdesignated enforcement unit(s) and/or its deputized agents.142 c.12. Fuel and Additives In consonant with the protection of public health and environment, the law also regulates use of fuel and additives. It requires the registration with the Department of Energy (DOE) fuel and additives before it can be imported, sold, offered for sale, or introduced into commerce. 143 Likewise, the sale, manufacture, and disposal of, in any

139 140

Part IX of DENR Administrative Order No.2000-81, Series of 2000. Part IX of DENR Administrative Order No.2000-81, Series of 2000. 141 Part IX of DENR Administrative Order No.2000-81, Series of 2000. 142 Part IX of DENR Administrative Order No.2000-81, Series of 2000. 143 Rule XXXVII of DENR Administrative Order No. 2000-81, Series of 2000.

JETRO IDE ­ Final Report February 20, 2006 Page 147

manner of leaded gasoline and engines and components requiring the use of leaded gasoline is now prohibited.144 c.13. Incineration Incineration, defined as the burning of municipal, bio-medical, and hazardous wastes, which process emits toxic and poisonous fumes is prohibited.145 c.14. Substances and Pollutants Ozone-Depleting Substances Consistent with the terms and conditions of the Montreal Protocol on Substances that Deplete the Ozone Layer and other international agreements and protocols to which the Philippines is a signatory, the DENR through the EMB shall enforce the Philippine Ozone Depleting Substances (ODS) Phase Out Schedule.146 Greenhouse Gases The DENR, through the EMB, together with concerned agencies and local government units, shall prepare and implement a national plan consistent with the United Nations Framework Convention on Climate Change and other international agreements, conventions and protocols on the reduction of greenhouse gas emissions.147 Hazardous Air Pollutants The DENR, through the EMB, shall issue and maintain a list of hazardous air pollutants and required control measures. The list and control measures shall be source-specific by industry and shall be designed to protect Filipinos from unnecessary risk to health or welfare. Compounds shall be considered for inclusion on the list as reasonable data or information becomes' available.148

144 145

Rule XXXVIII of DENR Administrative Order No. 2000-81, Series of 2000. Rule XXVIII of DENR Administrative Order No. 2000-81, Series of 2000. 146 Rule XXXIX of DENR Administrative Order No. 2000-81, Series of 2000. 147 Rule XL of DENR Administrative Order No. 2000-81, Series of 2000. 148 Rule XLIII of DENR Administrative Order No. 2000-81, Series of 2000.

JETRO IDE ­ Final Report February 20, 2006 Page 148

d. Water Quality Management Water Quality Management The DENR issued Administrative Order No. 2005-10, Series of 2005 to implement the intent of legislature in enacting RA No. 9275, otherwise known as the "Philippine Clean Water Act of 2004. It importantly provides for detailed regulatory measures such as securing water pollution permits and charges, and institutional mechanism to fully implement the aim of the state to streamline processes and procedures in the prevention, control, and abatement of pollution of the country's water resources.149 d.1. Integrated Water Quality Management Framework This framework refers to the policy guideline integrating all the existing frameworks prepared by all government agencies on water quality involving pollution from all sources. It shall contain (1) water quality goals and targets, (2) period of compliance, (3) water pollution control strategies and techniques, (4) water quality information and education program, and (5) human resources development program.150 d.2. Water Quality Management System Water Quality Management Area (WQMA) The DENR, in coordination with the National Water Resources Board (NWRB), shall designate certain areas as water quality management areas. These areas shall have similar hydrological, hydrogeological, meteorological, or meteorological conditions and shall share common interest or face similar development programs, prospects, or problems.151 Non-Attainment Areas As opposed to WQMA, the DENR shall also designate water bodies (or portions thereof) called non-attainment areas, where specific pollutants from either natural or man-made source have already exceeded water quality guidelines. Its tasks are to prepare and implement programs that will not allow new sources of exceeded water pollutant without a corresponding reduction in discharges from existing sources.

149

DENR Administrative Order No. 20005-10. DENR Administrative Order No. 20005-10. 151 DENR Administrative Order No. 20005-10.

150

JETRO IDE ­ Final Report February 20, 2006 Page 149

a. Identification of existing sources ­ The EMB of the DENR shall identify existing sources of water pollutants in designated non-attainment areas. b. Non-compliance ­ Pollution sources that are not in compliance with effluent standards for the non-attainment area shall be subject to strict monitoring, without prejudice to the penalties and administrative remedies provided herein. c. Naturally Occurring Pollutants ­ In areas where the concentration of specific naturally occurring pollutants is higher than the relevant water quality guideline, the discharge of such specific pollutant by existing point sources may be allowed only if the resultant total pollution load shall not adversely affect water supply, public health, and ecological protection. d. Limitation on new sources ­ No new sources of pollution for the specific pollutants for which the area is designated as non-attainment shall be allowed, unless there is a corresponding reduction in discharges from existing sources and the total pollution from all sources including the new source will not exceed the targets in the plan to upgrade water quality. e. Lowest Achievable Effluent Rate (LAER) ­ New sources shall install and operate water pollution control technology that will provide the LAER of the pollutant for which the area is designated non-attainment. The affected firm shall propose technologies it believes will meet the intent of this regulation. f. Effluent Averaging and Effluent trading ­ New sources subject to the non-attainment provisions may not use effluent trading or effluent averaging for compliance purposes.152 National Sewerage and Septage Management Program The Department of Public Works and Highways (DPWH), together with the DENR, LGUs, and other concerned agencies, shall prepare a national program on sewerage and septage (the sludge produced on individual onsite wastewater­disposal system, principally septic tanks and cesspools) management. The program shall include a priority listing of sewerage, septage, and combined sewerage­septage projects for LGUs based on population density and growth, degradation of water resources, topography, geology, vegetation, programs/projects for the rehabilitation of existing facilities and such other factors. It is a framework plan to address various national issues on sanitation and treatment and disposal of wastewater. It focuses on objectives, strategies, targets, institutional mechanism, financing mechanism, technology implementation, programming, monitoring and evaluation, and other key national concerns.153

152 153

DENR Administrative Order No. 20005-10. DENR Administrative Order No. 20005-10.

JETRO IDE ­ Final Report February 20, 2006 Page 150

Several entities/agencies are involved in this program. These are:154 1. DENR ­ The DENR shall coordinate with the DPWH and LGUs in complying with the aforementioned program. Furthermore, the DENR shall contribute specific environmental criteria and data for the prioritization of sanitation, sewerage, septage, management and combination of different systems and projects. Lastly, it shall present to LGUs and other pertinent entities, sustainable options such as community-based natural treatment systems, ecological sanitation concepts, water recycling, and conservation systems. 2. DOH ­ The DOH shall provide specific health criteria and data. 3. Metropolitan Waterworks and Sewerage System (MWSS) and Local Water Utilities Administration (LWUA) ­ The two shall contribute inputs relative to the responsibilities of concessionaires and water districts in sewerage, septage, and sanitation management. 4. LGU ­ Each LGU shall appropriate the necessary land for the construction of the sewage and/or septage treatment facilities in accordance with the Local Government Code. It may enact ordinances adjusting local property taxes or imposing a service fee system to meet necessary expenses for the operation and maintenance of sewerage treatment or septage management facility servicing their area of jurisdiction. In addition, it shall submit to DPWH a priority listing of its projects based on realistic assessment of resources, including proposals for counterpart contributions. Domestic Sewage Management All projects/activities involving the collection, transport, treatment, and disposal of sewage shall be in accordance with the guidelines on sanitation set by the DOH. In case sewage, septage, or sludge (any solid, semi-solid, or liquid waste or residue generated from a wastewater treatment plant, water supply treatment plant, or water control pollution facility, or any other such waste having similar characteristics and effects) is collected, transported, treated, and disposed by a third party, the final disposal of the treated sewage, septage, or sludge shall comply with the relevant standards issued by the DOH.155 Moreover, the DPWH shall coordinate with the water service providers and concessionaires in Metro Manila and other highly urbanized cities (HUCs) in preparing a compliance plan for mandatory connection of the identified establishments and

154 155

DENR Administrative Order No. 20005-10. DENR Administrative Order No. 20005-10.

JETRO IDE ­ Final Report February 20, 2006 Page 151

households to the existing sewerage system. Mandatory connection shall take into consideration the capacity of the sewerage system to accommodate the total wastewater load. However, for industries with domestic wastewater, a one-year phasein period is given to restructure the drainage system to connect to existing wastewater treatment facility.156 The DENR, on the other hand, shall withhold an establishment's permits or refuse issuance of ECC in case the establishment fails to connect its sewerage lines to available sewerage system. Furthermore, the DENR shall request the LGUs, water districts, and other appropriate agencies in writing to sanction persons who refuse connection of sewage lines to available sewerage systems, including non-issuance of Environmental Sanitation Clearance by DOH. In relation to this, the water district shall deprive the property owner of any and all services provided by the water district should the property owner persist in refusing to connect with the water district's sewerage system.157 In the case of HUCs, non-HUCs, and LGUs where water districts, water utilities, and LGU water works have already been constituted and operational, the water supply utility provider shall be responsible for the sewerage facilities and the main lines. In areas, on the other hand, where there are no existing facilities, the LGUs, water districts, or water utilities may adopt septage management program or other sanitation alternatives. Where water districts and water corporations have not yet been constituted and operational, the concerned LGU shall employ septage management system or other sanitation programs.158 d.3. Water Pollution Permits and Charges Wastewater Charge System The wastewater charge system is instituted with the consideration of the following: 1. Inducement for polluters to modify their production of management processes or to invest in pollution control technology in order to reduce the amount of water pollutants generated; 2. Cost of administering water quality management or improvement programs;

156 157

DENR Administrative Order No. 20005-10. DENR Administrative Order No. 20005-10. 158 DENR Administrative Order No. 20005-10.

JETRO IDE ­ Final Report February 20, 2006 Page 152

3. Damages caused by water pollution on the surrounding environment, including the cost of rehabilitation; 4. Type of pollutant; 5. Classification of the receiving water body; and 6. Other special attributes of the water body.159 Furthermore, the fee shall be based on the net waste load (difference of the initial waste load of the abstracted water and the waste load of the final effluent discharge of an industry) depending on the wastewater charge formula which shall be established with due public consultations within six (6) months from the effectivity of RA 9275. In connection with this, no net waste load shall be lower than the initial waste load and that the wastewater charge system shall not apply to wastewater from geothermal exploration.160 Industries, whose water effluent are within standards promulgated pursuant to RA 9275, shall only be charged with minimal reasonable amount which shall be determined by the DENR after due public consultation, giving account to volumetric rate of discharge and the effluent concentration.161 The waste water discharge fee shall be computed based on the net waste load following the formula:162 WDF = Ln x R Where: R is the rate per kilogram (PhP/kg), which is initially fixed at P5.00 per kilogram for priority pollutant parameter (e.g. BOD or TSS) Ln refers to the net waste load (kg/year), computed further as follows: Ln (BOD5/TSS) = [ (Cf ­ Ca) (Qf x Nf) ] x 0.001 Where: Cf is the average daily effluent concentration limit (mg/l) for priority pollutant parameter (BOD or TSS); Qf is the average daily volumetric flowrate measurement or final discharge effluent (m3/day); Nf is the total number of discharge days in a year (days/year);

159 160

DENR Administrative Order No. 20005-10. DENR Administrative Order No. 20005-10. 161 DENR Administrative Order No. 20005-10. 162 DENR Administrative Order No. 20005-10.

JETRO IDE ­ Final Report February 20, 2006 Page 153

Ca is the average water quality concentration limit for priority pollutant parameter (BOD or TSS) of abstracted or intake water (mg/l). BOD concentration shall be used in the formula for wastewaters that have high organic or biodegradable materials. The TSS concentration shall be used for high inorganic or non-biodegradable materials. P5.00 per kilogram BOD or TSS shall be charged.163 In addition, the formula shall be applied to all industrial and commercial wastewaters. However, the model shall be reviewed, revised, and evaluated by the EMB/DENR as the need arises and subject to public consultations.164 Fees for discharge of effluent for agricultural purposes shall be assessed fixed fee, provided that the wastewater shall not drain into any water bodies. Once the standards for land discharge have been developed, the wastewater discharge fee shall be applied. Discharge on land other than for agricultural purposes shall be outright charged a wastewater discharge fee based on the above formula.165 New sources of pollution subject to the non-attainment provisions will be assessed with a twenty percent (20%) surcharge on the annual discharge fee for the pollutant(s) for which the area is designated non-attainment. These new sources include existing sources of pollution that expand their operations resulting in an increase in effluent volume, or in concentration of the pollutant(s) for which the area is designated as nonattainment.166 Industries, on the other hand, that recycle their wastewater without discharge into any water body or land shall pay only the permit fee, which would be expounded in the following section.167 The wastewater discharge fee shall be paid by the operator of the wastewater treatment plant located within ecozones provided that the industries within ecozones that are not connected to the WTP shall be liable for the wastewater charges individually.168 The operator of sewerage treatment plant shall pay the wastewater charges for effluents from the treatment facilities provided that the operator may claim contributions or

163 164

DENR Administrative Order No. 20005-10. DENR Administrative Order No. 20005-10. 165 DENR Administrative Order No. 20005-10. 166 DENR Administrative Order No. 20005-10. 167 DENR Administrative Order No. 20005-10. 168 DENR Administrative Order No. 20005-10.

JETRO IDE ­ Final Report February 20, 2006 Page 154

sewerage fees from residences, establishments, or industries that use the facilities. However, establishments and industries discharging and contributing to the maintenance of the sewerage system and treatment facilities shall be exempt from paying the wastewater discharge fee.169 Discharge Permits The DENR shall require owners or operators of facilities that discharge regulated effluents pursuant to RA 9275 to secure a permit to discharge. The discharge permit shall be the legal authorization granted by the DENR to discharge wastewater. The discharge permit shall specify the quantity and quality of effluent that said facilities are allowed to discharge into a particular water body, compliance schedule, and monitoring requirement. The quantity and quality shall be based on the installed capacity of the facility. As part of the procedure, the DENR shall encourage the adoption of waste minimization and waste treatment technologies when such technologies are deemed cost effective.170 The DENR shall also develop procedures to relate the current water quality guideline or the projected water quality guideline of the receiving water body/ies with total pollution loadings from various sources, so that effluent quotas can be properly allocated in the discharge permits. 171 Any person that shall discharge in any manner wastewater into Philippine waters and/or land shall secure a wastewater discharge permit from the Regional Office of the Bureau. As such, a person shall file an application in two (2) copies using prescribed forms. 172 First time application would require the following information and data to be contained in a verified Engineer's Report prepared by a registered chemical or sanitary engineer or pollution control officer:173 a. b. c. d.

169 170

vicinity map identifying the street address, location or plant premise; the nature of the project or business; production capacity quantity or volume and the generic name(s) of product(s); the nature and character of the applicant's wastewater and its physical and chemical composition;

DENR Administrative Order No. 20005-10. DENR Administrative Order No. 20005-10. 171 DENR Administrative Order No. 20005-10. 172 DENR Administrative Order No. 20005-10. 173 DENR Administrative Order No. 20005-10.

JETRO IDE ­ Final Report February 20, 2006 Page 155

e. total daily volume of discharge of raw wastewater; f. treatment process and estimated treatment efficiency; g. the total daily volume of water consumption and discharge of final treated wastewater or effluent; h. the name of receiving body of water and its official water classification and in case of land discharge, the nearest receiving body of water and its official water classification; i. information on flow measurement equipment and procedure; j. pollution prevention/Environmental Management System plan or program; k. DENR ID No. as hazardous waste generator (if applicable); l. statement of the cost incurred in the installation and maintenance of wastewater treatment facility, if any; m. quality and quantity of abstracted water; and n. copy of the Environment Compliance Certificate (ECC) from the DENR or Certificate of Non-Coverage (CNC), as applicable. Renewal of discharge permits, on the other hand, would only require copies of the following documents:174 a. Quarterly self-monitoring reports for the immediately preceding year; b. Certificate of Accreditation of the Pollution Control Officer duly issued by the DENR, or appointment/designation as such by the Managing Head; c. Official receipts for the payment of the applicable Permit Fee and the Wastewater Discharge Fee; and d. Other documents that may be required related to land application. With regard to the processing of the application for the wastewater discharge permit, the Regional Office shall act on the application for a wastewater discharge permit within thirty (30) working days from receipt of all the requirements.175 As regards the permit fee, a schedule is presented below.176

174 175

DENR Administrative Order No. 20005-10. DENR Administrative Order No. 20005-10. 176 DENR Administrative Order No. 20005-10.

JETRO IDE ­ Final Report February 20, 2006 Page 156

Volumetric Rate of Discharge Zero Discharge 2,000.00

Amount Annual Fee (pesos)

Without Heavy Metals Below 10 m3/day > 10 m3/day ­ 30 m3/day > 30 m /day ­ 100 m3/day > 100 m3/day ­ 150 m3/day > 150 m3/day

3

With Heavy Metals 2,600.00 2,800.00 3,100.00 3,300.00 3,900.00

2,000.00 2,200.00 2,500.00 2,700.00 3,300.00

Aside from the above requirements, the following conditions should be met before a permit is issued:177 a. Certified true copy of land ownership or notarized copy of agreement between the owner of the land where the effluent is to be applied and the discharger/permittee; b. The wastewater that shall be used for land application shall not contain toxic or hazardous substances (as defined in RA 6969); c. No wastewater applied for agricultural purposes shall directly or indirectly seep or drain into groundwater or nearby surface waters which will affect the quality of such ground and/or surface water; d. A certificate from the Department of Agriculture (DA) stating that "the quantity, quality and distribution methodology of application are suited for agricultural purposes" shall be submitted; e. Land application shall be used only during periods of low surface water flow to enhance loading limits compliance; f. Submission of a baseline groundwater quality data and self-monitoring report within the discharge areas, and installation of at least one groundwater monitoring well which shall be drilled in each dominant direction of groundwater movement; g. Submission of an emergency plan­which shall respond to emergencies that can prevent or minimize damage to equipment, land, groundwater, etc., and/or public health; and

177

DENR Administrative Order No. 20005-10.

JETRO IDE ­ Final Report February 20, 2006 Page 157

h. The plan shall highlight the design considerations, systems operation, treatment/monitoring of soil, crops, effluent and groundwater before/after irrigation. Motion for reconsideration In case the application is denied, a motion for reconsideration may be filed at the Regional Office within fifteen (15) working days from the date of receipt of a written notice of such disapproval. The Regional Office shall decide upon the petition within thirty (30) working days from the date of receipt of the motion.178 Appeal The decision of the Regional Office may be appealed to the Secretary of the DENR within fifteen (15) working days from receipt of written notice of such decision. The decision of the Secretary is final and executory.179 Effectivity of the Discharge Permit The discharge permit shall be valid for a maximum period of five (5) years from the date of its issuance, renewable for 5-year periods. The DENR may renew the discharge permit valid for a longer period if the applicant has adopted waste minimization and waste treatment technologies, consistent with incentives currently provided and has been paying the permit fees on time.180 Grounds for suspension or revocation of permits The DENR, through the EMB, may suspend or revoke any existing and valid permit on the following grounds:181 a. Non-compliance with or gross violation of any provision of RA 9275, its Implementing Rules and Regulations, and/or permit conditions; b. Deliberate or negligent submission of false information in the application for permit that led to the issuance of the permit; c. Deliberate or negligent submission of false monitoring data or report required in the discharge permit;

178 179

DENR Administrative Order No. 20005-10. DENR Administrative Order No. 20005-10. 180 DENR Administrative Order No. 20005-10. 181 DENR Administrative Order No. 20005-10.

JETRO IDE ­ Final Report February 20, 2006 Page 158

d. Refusal to allow lawful inspection conducted by the DENR through the EMB of duly authorized personnel; e. Non-payment of the appropriate wastewater discharge fees within a 30-day cure period from the date such payment is due; and f. Other grounds provided by law. Disapproved applications or suspended or revoked wastewater discharge permits shall not grant any right or privilege to the applicant or former permit holder to discharge its wastewater into any water body/ies and/or land. Any discharge shall be a ground for the immediate issuance of a cease and desist order. The permit shall then be displayed on the facility or installation in such manner as to be clearly visible and accessible at all times. In the event that the permit cannot be so placed, it shall be mounted in an accessible and visible place near the installation covered by the permit. Any person who shall willfully deface, alter, forge, counterfeit, or falsify any permit shall be punished in accordance with the law.182 In case of sale or legal transfer of a facility covered by a permit, the permittee shall notify the DENR through the EMB of such and the name and address of the transferee within thirty (30) days from the date of sale or transfer. In case of failure to do so, he shall be liable for any violation of these rules and regulations that the transferee may commit by reason of such transfer. It shall be the duty of the transferee to file an application for transfer of the permit in his name within ten (10) days from notifications of the DENR through the EMB.183 Pollution sources connected to sewerage systems Pollution sources currently discharging to existing sewerage systems with operational wastewater treatment facilities shall be exempt from the permit requirement. In the absence of or pending the establishment of a sewerage system, however, pollution sources shall be covered by the permit requirement.184 Clean-Up Operations Any person who causes pollution in or pollutes water bodies in excess of the applicable and prevailing standards shall be responsible to contain, remove, and clean up any

182 183

DENR Administrative Order No. 20005-10. DENR Administrative Order No. 20005-10. 184 DENR Administrative Order No. 20005-10.

JETRO IDE ­ Final Report February 20, 2006 Page 159

pollution incident at his own expense. However, in the event that emergency clean-up operations are necessary and the polluter fails to immediately undertake the same, the DENR, in coordination with other government agencies concerned, shall conduct containment, removal, and clean-up operations. Expenses incurred in the said operations shall be reimbursed by the persons found to have caused such pollution upon proper administrative determination.185 d.4. Incentives And Rewards Rewards, monetary or otherwise, shall be provided to individuals, private organization and entities, including civil society, that have undertaken outstanding and innovative projects, technologies, processes, and techniques or activities in water quality management.186 Incentive Scheme An incentive scheme is provided for the purpose of encouraging LGUs, water districts (WDs), enterprises or private entities, and individuals to develop or undertake an effective water quality management, or actively participate in any program geared towards the promotion thereof.187 A. Non-fiscal and Fiscal Incentives Non-fiscal Incentive Subject to the rules and regulations of the Board of Investment (BOI), industrial wastewater treatment and/or adoption of water pollution control technology, cleaner production and waste minimization technology shall be classified as preferred areas of investment under its annual priority plan and shall enjoy the applicable fiscal and nonfiscal incentives as may be provided for under the Omnibus Investment Code, as amended.188

185 186

DENR Administrative Order No. 20005-10. DENR Administrative Order No. 20005-10. 187 DENR Administrative Order No. 20005-10. 188 DENR Administrative Order No. 20005-10.

JETRO IDE ­ Final Report February 20, 2006 Page 160

Fiscal Incentives 1. Tax and Duty Exemption on Imported Capital Equipment Within ten (10) years upon the effectivity of RA 9275, LGUs, WDs, enterprises or private entities shall enjoy tax-and-duty-free importation of machinery, equipment, and spare parts used for industrial wastewater treatment/collection and treatment facilities. The importation, however, of such machinery, equipment, and spare parts shall comply with the following conditions: a. They are not manufactured domestically in sufficient quantity, of comparable quality, and at reasonable prices; b. They are reasonably needed and will be used actually, directly, and exclusively for the above mentioned activities; and c. Written endorsement by the DENR that the importations of such machinery, equipment, and spare parts would be beneficial to environmental protection and management. The sale, transfer or disposition of such machinery, equipment, and spare parts without prior approval of the BOI within five (5) years from the date of acquisition, however, shall be prohibited. Otherwise, the LGU concerned, WD, enterprise, or private entity and the concerned vendee, transferee, or assignee shall be solidarily liable to pay twice the amount of tax and duty exemption given it.189 2. Tax Credit on Domestic Capital Equipment Within ten (10) years from the effectivity of RA 9275, a tax credit that is equivalent to one hundred percent (100%) of the value of the national internal revenue taxes and custom duties that would have been waived on the machinery, equipment, and spare parts, had these items been imported, shall be given to enterprises or private entities and individuals, subject to the same conditions and prohibition.190 3. Tax and Duty Exemption of Donations, Legacies, and Gifts All legacies, gifts, and donations to LGUs, WDs, enterprises, or private entities and individuals for the support and maintenance of the program for effective water quality management shall be exempt from donor's tax and shall be deductible from the gross income of the donor for income tax purposes.191

189 190

DENR Administrative Order No. 20005-10. DENR Administrative Order No. 20005-10. 191 DENR Administrative Order No. 20005-10.

JETRO IDE ­ Final Report February 20, 2006 Page 161

Imported articles donated to, or for the account of any LGUs, WDs, local water utilities, enterprises, or private entities and individuals to be exclusively used for water quality management programs shall be exempt from the payment of customs duties and applicable internal revenue taxes.192 4. Financial Assistance Program Government financial institutions such as the Development Bank of the Philippines (DBP), Land Bank of the Philippines (LB), Government Service Insurance System, and such other government institutions providing financial services shall, in accordance with and to the extent allowed by the enabling provisions of their respective charters or applicable laws, accord high priority to extend financial services to LGUs, WDs, enterprises, private entities engaged in sewage collection and treatment facilities.193 5. Extension of Grants to LGUs Cities and municipalities, which shall establish or operate sewerage facilities, may be entitled to receive grants for the purpose of developing technical capabilities.194 e. Environmental Impact Statement System In continuing efforts of the DENR to strengthen the implementation of the Philippine Environmental Impact Statement (EIS) System, it has issued DENR Administrative Order No. 2003- 30 (DAO 2003-30). The objective of DAO 2003-30 is to rationalize and streamline the EIS System to make it more effective as a project planning and management tool by (a) making the EIS System more responsive to needs of the projects and stakeholders; (b) clarifying and updating the EIS System; (c) standardizing the requirements; (d) simplifying the EIC applications; (e) ensuring adherence to the ECC conditions (f) ensuring that critical environmental concerns are addressed during the development and implementation of the project. 195 In coordination with DTI other concerned government agencies, the DENR-EMB is authorized to update or make appropriate revisions to the technical guidelines for EIS System Implementation. 196

192 193

DENR Administrative Order No. 20005-10. DENR Administrative Order No. 20005-10. 194 DENR Administrative Order No. 20005-10. 195 Section 2 of DENR Administrative Order No. 2003- 30. 196 Section 4 of the of DENR Administrative Order No. 2003- 30.

JETRO IDE ­ Final Report February 20, 2006 Page 162

(i) Determinative Factors for ECC coverage To this end, it is generally required that ECC should be secured with respect to all projects which would have negative impact on the environment. For proper determination of project to be covered by EIS, the following factors are considered: a. The nature of the project and its potential to cause significant negative environmental impacts; and b. The sensitivity or vulnerability of environmental resources in the project area.197 (ii) Criteria and Categories of Projects In applying these factors, there are three (3) sets of criteria to determine if the project is covered by EIS System or not, namely: (a) characteristics of the project or undertaking; (b) location of the project; (c) nature of the potential impact.198 Once the undertaking and project is determined to be covered by EIS system, it will be classified according to the following major categories: Category A. Environmentally Critical Projects (ECPs) with significant potential to cause negative environmental impacts Category B. Projects that are not categorized as ECPs, but which may cause negative environmental impacts because they are located in Environmentally Critical Areas (ECAs). Category C. Projects intended to directly enhance environmental quality or address existing environmental problems not falling under Category A or B. Category D. Projects unlikely to cause adverse environmental impacts.

197 198

Section 4.2 of DENR Administrative Order No. 2003- 30. Section 4.3 of DENR Administrative Order No. 2003- 30.

JETRO IDE ­ Final Report February 20, 2006 Page 163

(iii) Waste management projects requiring ECC The following waste management projects with required specifications fall under category B: 1. Sanitary landfill for domestic wastes only 2. Landfill for industrial and other wastes 3. Material recovery facilities 4. Hazardous waste treatment, recycle, and/or disposal facilities (for recycling of lead) 5. Industrial and hospital waste (non-hazardous) materials treatment facilities 6. Domestic wastewater treatment facility 7. Receiving facilities, paper and plastic recycle 8. Compost/fertilizer making199 For the listing and limits to identify the category of the project, 200 please see Annex I. Generally, the ECC applications for projects under Category A or Category B shall be based on an Environmental Impact Statement 201 and an Initial Environmental Examination (IEE) Report202, respectively. However, in cases where the IEE Report fails to address all environmental issues or concerns, the application may be upgraded to an EIS Report. Meanwhile, proponents for projects classified as Category C are required to submit Project description for issuance of Certificate of Non-Coverage (CNC).203

199 200 201

202

203

Section 2.4 of the Procedural Manual for DENR Administrative Order No. 2003-30. Section 2.4 of the Procedural Manual for DENR Administrative Order No. 2003-30. Environmental Impact Statement (EIS) refers to the document, prepared and submitted by the project proponent and/or EIA Consultant that serves as an application for an ECC. It is a comprehensive study of the significant impacts of a project on the environment. It includes an Environmental Management Plan/Program that the project proponent will fund and implement to protect the environment (Section 3 of DENR Administrative Order No. 2003-30). Initial Environmental Examination (IEE) Report refers to document similar to an EIS, but with reduced details and depth of assessment and discussion Section 3 of DENR Administrative Order No. 2003- 30). Section 2 of the Procedural Manual for DENR Administrative Order No. 2003- 30.

JETRO IDE ­ Final Report February 20, 2006 Page 164

It is also significant to note that a Category D undertaking is considered as outside the purview of the Philippine EIS System, and shall be issued a Certificate of Non-Coverage or CNC upon request by the proponent. However, DENR-EMB may require such projects or undertakings to provide additional environmental safeguards as it may deem necessary. (iv) Documentary requirements and process procedures for issuance of ECC and CNC The processing requirements for the issuance of ECC and CNC are customized based on the nature of the projects to accurately determine the environmental impacts of the project. However, there are general requirements imposed and below is a summary of the required documents, the processing, endorsing and deciding authorities for the issuance of the ECC or CNC and timeframe for each project category.204

204

Section 5.1 of the DENR Administrative Order No. 2003-30.

APPLIED TO

JETRO IDE ­ Final Report February 20, 2006 A. Environmentally A-1: New Page 165 Critical Projects

DOCUMENTS REQUIRED FOR ECC/CNC APPLICATION

PROCESSING RESPONSIBILITY Endorsing Official

DECIDING AUTHORITY

MAXIMUM TIME TO GRANT OR DENY ECC APPLICATION (working days)

Colocatedprojects Single Project Project EIS

EMB Central Office (CO) Director EMB CO Director

DENR Secretary

180 days

DENR Secretary EMB Central Office Director DENR Secretary

120 days

EMB CO/EIA Division Chief

120 days

A-2 Existing and to be expanded including undertakings that have stopped operations for more than 5 years and plan to re-start with or without expansion) A-3 Operating without ECC

Colocatedprojects

Programmatic Environmental Performance Report and Management Plan (PEPRMP) Environmental Performance Report and Management Plan (EPRMP) Project IEE Checklist if available (IEE) may be followed up by full EIA if required by EMB after its review of the IEE) Environmental Performance Report and Management Plan (based on a checklist if available)

EB Central Office Director

120 days

Single Project

EMB CO/EIA Division Chief

EMB Central Office Director

90 days

B-1: New

Single Project

EMB EIA Division Chief

EMB Central Office Director

60 days

EMB Region/EIA Division Chief

EMB Regional Director EMB Regional Director

60 days

B. NonEnvironmentally Critical But located in an ECA

B-2: Existing and to be expanded (including undertakings that have stopped operations for more than 5 years and plan to restart, with or without expansion) B-3: Operating without ECC

Single Project

EMB Region/EIA Division Chief

30 days

Colocated Projects

PEPRMP

EMB CO/EIA Division Chief

EMB Central Office Director

60 days

C. Environmental Enhancement or Director Mitigaion

Colocated Projects

Project Description

EMB RO/EIA Division Chief

EMB Regional Office Director EMB CO or RO Director

15 days

D: Not Covered

Project Description or Proof of Project Implementation Start prior to 1982 (if applying for CNC)

EMB CO or RO EIA Division Chief

15 days

JETRO IDE ­ Final Report February 20, 2006 Page 166

f. Solid Waste Management The Ecological Solid Waste Management Program by the Philippine Government was launched by virtue of RA No. 9003, otherwise known as the "Ecological Solid Waste Management Act of 2000". The implementing details of this law, which were embodied in DENR Administrative Order No. 2001-34, Series of 2001 (DAO 2001-34) fundamentally take into account the management of solid waste in the following hierarchy: a) b) c) d) Source reduction and minimization of wastes generated at source; Resource recovery, recycling and reuse of wastes at the barangay; Efficient collection, proper transfer and transport of wastes by city/municipality; and Efficient management of residuals and of final disposal sites and/or any other related technologies for the destruction/reuse of residuals.205

f.1 Definition of Solid Waste As defined in DAO 2001-34, solid waste shall refer to all discarded household and commercial waste, non-hazardous institutional, ports/harbour and industrial waste, street sweepings, construction debris, agriculture waste, and other non-hazardous/nontoxic solid waste. Unless specifically noted otherwise, the term "solid waste" as used in the RA No. 9003 shall not include: a) waste identified or listed as hazardous waste of a solid, liquid, contained gaseous or semisolid form which may cause or contribute to an increase in mortality or in serious situations, incapacitate or cause irreversible bodily damage or acute/chronic effect on the health of persons and other organisms; b) infectious waste from hospitals such as equipment, instruments, utensils, and fomites of a disposable nature from patients who are suspected to have or have been diagnosed as having communicable diseases and must therefore be isolated as required by public health agencies, laboratory wastes such as pathological specimens (i.e., all tissues, specimens of blood elements, excreta, and secretions obtained from patients or laboratory animals), and disposable fomites that may harbor or transmit pathogenic organisms, and surgical operating room pathologic specimens and disposable fomites attendant thereto, and similar disposable materials from outpatient areas and emergency rooms; and

205

Section 1, Rule VIII of DENR Administrative Order no. 2001-34, Series of 2001.

JETRO IDE ­ Final Report February 20, 2006 Page 167

c) waste resulting from mining activities, including contaminated soil and debris. f.2. Party responsible for Solid Waste Management Implementation The LGUs are the primary responsible body for the implementation and enforcement of the ecological solid waste management systems within their respective jurisdictions.206 Waste collection shall be conducted at the barangay, and further sorting and segregation at the Materials Recovery Facility.207 f.3. Mechanism of the Local Solid Waste Management Plan The local government solid waste management plan required by law for each local government unit shall, among others, include mechanisms and programs for the following: i. ii. iii. iv. v. vi. waste segregation and volume reduction at source; collection, transport and handling of solid wastes; materials recovery facilities and composting; recycling of wastes; dumpsites and sanitary landfill; and other aspects of waste management that need to be addressed.

(i) Waste Segregation and Volume Resource at Source Volume reduction at the source shall be the first priority of the ecological SWM system. All LGUs shall actively promote among its constituencies the reduction and minimization of wastes generated at source; responsibility for sorting and segregation of biodegradable and non-biodegradable wastes shall be at the household level, business, commercial, industrial and institutional centers, and in all other point sources of solid wastes. 208 For the detailed minimum requirements for the segregation and volume reduction on the container requirements, label requirements, and other, please see Annex J209.

206 207

Section 2, Rule VIII of DENR Administrative Order No. 2001-34, Series of 2001. Section 2, Rul VIII of DENR Administrative Order No. 2001-34, Series of 2001. 208 Section 1, Rule IX of DENR Administrative Order No. 2001-34, Series of 2001. 209 Section 2, Rule IX of DENR Administrative Order No. 2001-34, Series of 2001.

JETRO IDE ­ Final Report February 20, 2006 Page 168

(ii) Collection, transport and handling of solid wastes Likewise for the minimum standards for the collection, transport and handling of Solid Wastes, please see Annex K210. Finally, there shall be a transfer station designed and operated for efficient waste handling capacity and in compliance with the required environmental standards and guidelines. Please see Annex L for the minimum requirements for establishing and operating transfer stations.211 (iii) Materials Recovery Facilities and Composting Barangays shall be responsible for the collection, segregation, recycling of biodegradable, recyclable, compostable and reusable wastes. Material Recovery Facitlity (MRF) will be established in every barangay or cluster of barangays. The MRF shall receive biodegradable wastes for composting and mixed non-biodegradable wastes for final segregation, re-use and recycling. Provided, that each type of mixed waste is collected from the source and transported to the MRF in separate containers. The resulting residual wastes shall then be transferred to a long-term storage or disposal facility or sanitary landfill.212 (iv) Recycling Program For the purpose of the recycling program of the Philippine government, the DTI in cooperation with the DENR, LGUs, sectors practicing recycling and other concerned agencies, shall undertake a study of existing markets for processing and purchasing recyclable materials, and the potential steps necessary to expand these markets. An investigation of markets should be conducted in developing the market for recycled goods. All information from the investigation of markets, including a list of prospective buyers of recycled products, and a list of procedures, standards and strategies to market recyclable materials and develop local markets, shall be easily accessible by the public, through the solid waste management information database, formulated by the National Ecology Center (NEC).213

210 211

Section 1, of Rule X of DENR Administrative Order No. 2001-34, Series of 2001. Section 2, of Rule X of DENR Administrative Order No. 2001-34, Series of 2001. 212 Section 1 of Rule XI of DENR Administrative Order No. 2001-34, Series of 2001. 213 Section 1 of Rule XII of DENR Administrative Order No. 2001-34, Series of 2001.

JETRO IDE ­ Final Report February 20, 2006 Page 169

The following are some of the important recyclable-related programs of the Philippine government: 1. Eco-labeling The Department of Trade and Industry ­ Bureau of Product Standards (DTI-BPS) shall formulate and implement a coding system for packaging materials and products to facilitate waste recycling and re-use. The coding system shall initially be based on ISO 14020 series standards, particularly, ISO standard 14024, "Environmental Labeling ­ Practitioner Programs ­ Guiding Principles, Practices and Certification Procedures of Multiple Criteria (type 1) Programs", with criteria to be determined on the basis of life cycle assessment of the product group.214 The criteria shall be regularly reviewed to ensure their appropriateness and currency in light of scientific and technical progress, and of the experience gained in this area, and to ensure consistency with relevant, internationally recognized standards.215 2. Reclamation programs and buy back center The NEC shall assist LGUs in establishing and implementing deposit or reclamation programs in coordination with manufacturers, recyclers and generators to provide separate collection systems or convenient drop-off locations for recyclable materials and particularly for separated toxic components of the waste stream like dry cell batteries and tires to ensure that they are not incinerated or disposed of in landfills.216 (v) Operation of Dumpsite and Sanitary Landfills As mandated by the law, all the open dumpsites should have been closed as early as 2003 and all controlled dumpsites shall be closed as of 16 February 2006. Thereafter, only sanitary landfills are allowed as disposal sites. 217 However, until now there are still open and controlled dumpsites operating in the Philippines.

214 215

Section 4 of Rule XII of DENR Administrative Order No. 2001-34, Series of 2001. Section 4 of Rule XII of DENR Administrative Order No. 2001-34, Series of 2001. 216 Section 6, Rule XII of DENR Administrative Order No. 2001-34, Series of 2001. 217 Section 1, Rule XIII of DENR Administrative Order No. 2001-34, Series of 2001.

JETRO IDE ­ Final Report February 20, 2006 Page 170

The classification of the controlled dumpsite shall be made according to the following considerations: a) Volume of wastes received; b) Types and character of wastes received; and c) Cost requirements for operating the facilities.218 For the minimum considerations for operating sanitary landfills, please see Annex M. Any person, entity or corporation who want to construct or operate a Solid Waste Management (SWM) facility or entity should apply for and obtain valid permits and licenses to operate from the DENR. 219 The EMB-DENR is now in the process of finalizing the regulations for specific permitting and licensing requirements under its existing regulatory functions for each of the corresponding phases of the SWM. f.4. Solid Waste Management Incentives Both fiscal and non-fiscal incentives are granted under the law and regulations to encourage LGUs, enterprises, private sector and civil society to develop or undertake socially acceptable, effective and efficient solid waste management, and/or to actively participate in any program for the promotion thereof. 220 The following are the incentives:221 a. Fiscal Incentives 1. Tax and Duty Exemption on Imported Capital Equipment and Vehicles Within ten (10) years from effectivity of RA 9003 (15 February 2001), LGUs, enterprises or private entities shall enjoy tax and duty-free importation of machinery, equipment, vehicles and spare parts used for collection and processing of solid wastes. Provided, that the importation of such machinery, equipment, vehicle and spare parts shall comply with the following conditions:

218 219

Section 1, Rule XIII of DENR Administrative Order No. 2001-34, Series of 2001. Section 5, Rule V of DENR Administrative Order No. 2001-34, Series of 2001. 220 Section 1, Rule XVI of DENR Administrative Order No. 2001-34, Series of 2001. 221 Section 1, Rule XVI of DENR Administrative Order No. 2001-34, Series of 2001.

JETRO IDE ­ Final Report February 20, 2006 Page 171

i. They are not manufactured domestically in sufficient quantity, of comparable quality and at reasonable prices; ii. They are reasonably needed and will be used actually, directly and exclusively for the above mentioned activities; and iii. The approval of the BOI of the DTI for the importation of such machinery, equipment, vehicle and spare parts. Provided further that, the sale, transfer or disposition of such machinery, equipment, vehicle and spare parts, without prior approval of the BOI, within five (5) years from the date of acquisition shall be prohibited, otherwise, the LGU concerned, enterprises or private entities and the vendee, transferee or assignee shall be liable to pay twice the amount of tax and duty exemption given it. 2. Tax Credit on Domestic Capital Equipment Within ten (10) years from effectivity of RA 9003 (15 February 2001), a tax credit equivalent to 50% of the value of the national internal revenue taxes and customs duties that would have been waived on the machinery, equipment, private entities, including NGOs, subject to the same conditions and prohibition. 3. Tax and Duty Exemption of Donations, Legacies and Gift. All legacies, gifts and donations to LGUs, enterprises or private entities, including NGOs, for the support and maintenance of the program for socially acceptable, effective and efficient solid waste management shall be exempt from all internal revenue taxes and customs duties, and shall be deductible in full from the gross income of the donor for income tax purposes. The standard procedures for such exemptions are contained in the Tariff and Customs Code, Sections 105 to106. 4. Financial Assistance Program Government financial institutions such as the DBP, LBP, PNB, GSIS, and such other government institutions providing financial services shall, in accordance with and to the extent allowed by the enabling provisions of their respective charters or applicable laws, accord high priority to extend financial services to individuals, enterprises, or private entities engaged in solid waste management. These services may be in the form of, but are not limited to the list as below:

JETRO IDE ­ Final Report February 20, 2006 Page 172

i. ii. iii. iv.

Provision of technical assistance to prospective SWM project proponents Special interest rates Collateral for loans Grace period of loans

5. Rewards Rewards shall be provided to LGUs, individuals, private organizations and entities, including NGOs, that have undertaken outstanding and innovative projects, technologies, processes and techniques or activities in re-use, recycling and reduction. The rewards may be monetized or non-monetized depending on the valuation of the awarding body, in this case, the NSWMC and Local SWM Boards. b. Non-Fiscal Incentives 1. Enhanced Procedure for Importation The Commission shall define a simplified and more efficient process for the importation of equipment, spare parts, new materials and supplies; provided the process is in accordance with the existing custom standards. 2. Enhanced Procedure for Exportation An enhanced procedure to export locally processed products from SWM projects shall be established by the Commission. Similarly, the NSWMC shall develop export standards for SWM processed products. 3. Enhanced Certification, Permitting and Licensing Processes The NSWMC through the DENR shall provide support to SWM projects requiring an ECC. It shall thereby hasten the EIA process by formulating a guideline for the specific procedure of EIA for SWM projects. Similarly, the Local SWM Boards/Local SWM Cluster Boards shall establish simplified and efficient procedure for permitting and licensing functions.

JETRO IDE ­ Final Report February 20, 2006 Page 173

4. Knowledge and Skills Exchange The NSWMC, Local SWM Boards and Local SWM Cluster Boards shall provide cross study visits in-country and outside the country, in order to model SWM projects. The travel requirements and process shall be established by the Commission in accordance with existing governmental procedures. 5. Employment of Foreign Nationals Pursuant to the relevant provisions of Executive Order No. 226, procedures for an enhanced processing of the employment of foreign nationals shall be hereafter followed. 6. Private Sector Participation Essentially, contractual arrangement is envisaged to be entered into by a Local SWM Board/Local SWM Cluster Board. This provides authority for the private sector to finance, construct, operate and maintain a facility and, in the process, to charge user fees or receive compensation. The NSWMC shall further define the guidelines for the private sector engagement. The choice of the participation mode may vary from any of the scheme authorized under the Build-Operate-Transfer Law, RA 6957, as amended by RA 7718 and its Implementing Rules and Regulations or joint venture arrangement allowed under the Local Government Code, RA 7160, as well as other private sector funded arrangements. The following rights may be bestowed on the private sector proponent: 1. To operate the facility over a fixed period, not to exceed 50 years; 2. To charge facility user fees, tolls, rentals or share in the revenue of the project; and 3. To recover capital, operating and maintenance expenses and earn a reasonable return on investment.

JETRO IDE ­ Final Report February 20, 2006 Page 174

f.5. Prohibited Acts and Penalties related to solid waste management The following are the prohibited acts in relation to solid waste management:222 a) Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros or parks, and establishments, or causing or permitting the same; b) Undertaking activities or operating, collecting or transporting equipment in violation of sanitation operation and other requirements or permits set forth in or established pursuant to the RA 9003; c) The open burning of solid waste; d) Causing or permitting the collection of non-segregated or unsorted waste; e) Squatting in open dumps and landfills; f) Open dumping, burying of biodegradable or non-biodegradable materials in floodprone areas; g) Unauthorized removal of recyclable material intended for collection by authorized persons; h) The mixing of source-separated recyclable material with other solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal; i) Establishment or operation of open dumps as enjoined in the RA 9003, or closure of said dumps in violation of Section 37 of the RA 9003; j) The manufacture, distribution or use of non-environmentally acceptable packaging materials; k) Importation of consumer products packaged in non-environmentally acceptable materials; l) Importation of toxic wastes misrepresented as "recyclable" or "with recyclable content"; m) Transport and dumping in bulk of collected domestic, industrial, commercial and institutional wastes in areas other than centers of facilities prescribed under the RA 9003; n) Site preparation, construction, expansion or operation of waste management facilities without an Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and the RA 9003 and not conforming with the Comprehensive Land Use Plan of the LGU; o) The construction of any establishment within two hundred (200) meters from open dump or controlled dumps or sanitary landfills; and p) The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir or watershed area and/or any portion thereof.

222

Section 1, Rule XVIII of the DENR Administrative Order No. 2001-34, Series of 2001.

JETRO IDE ­ Final Report February 20, 2006 Page 175

For the guidelines in conducting waste characterization study, please see Annex N223. g. Chemical Management The DENR-Chemical Management section shall be responsible for keeping, updating, compiling and maintaining of inventory of chemical substance which are stored, exported, used, processed, manufactured or transported.224 All chemical substances not included in the chemical inventory are considered as new chemical substance. 225 Permit is required for the use, storage, transport, manufactures or process of new chemicals which shall be granted under the following conditions:226 1. Prior to notification to the DENR 180 days before commencing such activity; 2. Provide the DENR with the pre-manufacturing or pre-importation information under section 15 of the Implementing Regulations of RA 6969; 3. Compliance with the notification prescribed form and payment of the required fees; 4. DENR has the discretion not to include the new chemical substance in its chemical inventory if the person fails to comply with the requirements under section 15 of the Implementing Regulations of RA 6969 or if DENR suspects the data of dubious character. Any person who falsified information on a chemical substance while nominating an existing or new chemical substance shall be criminally liable.227 In compliance with this requirement, any firm which stores, transports, process wastes containing new chemical substance must secure a permit from the DENR. h. Monitoring and Auditing To ensure proper compliance with the law and regulations, the government has established monitoring and auditing mechanisms. These are vital tools to detect and correct violations, to provide evidentiary sources for enforcement actions and significant basis for evaluating the enforcement progress of the government.

223 224

Appendix A of DENR Administrative Order No. 2001-34. Section 14 of the Implementing Regulations of R.A. 6969. 225 Section 17 of the Implementing Regulations of R.A. 6969. 226 Section 17 of the Implementing Regulations of R.A. 6969. 227 Section 17 of the Implementing Regulations of RA 6969.

JETRO IDE ­ Final Report February 20, 2006 Page 176

As with other countries, the Philippines has four primary sources of compliance information: inspections conducted by government inspectors; self-monitoring, selfrecordkeeping, and self-reporting by the regulated community; citizen complaints, and monitoring environmental conditions near a facility.228 The Philippine government recognized that self-monitoring, self-recordkeeping, and self-reporting are three ways in which firms can be required to track their own compliance and record or report the results for government review. Increasingly, these monitoring systems provide essential data to supplement and support inspections. They are the source of more extensive compliance information than can be obtained with periodic inspections.229 In self-monitoring, facilities measure an emission, discharge, or performance parameter that provides information on the nature of the pollutant discharges or the operation of control technologies. For example, facilities may monitor groundwater quality by periodically sampling and analyzing effluent for the presence and concentration of particular pollutants. Facilities may also be asked to monitor operating parameters of pollution control equipment (such as line voltage) that indicate how well the equipment itself is operating. Operating parameters are generally inexpensive to monitor and provide data that give a more accurate and representative picture of emissions than occasional sampling and analysis of the emissions. This monitoring scheme has proven to be a cost-effective way for enforcement programs and facilities to assure themselves that controls are operating correctly.230 Self-recordkeeping means that facilities are responsible for maintaining their own records of certain regulated activities (e.g., shipment of hazardous waste).231 93 Self-reporting requires that facilities provide the enforcement program with selfmonitoring or recordkeeping data periodically and/or upon request.232 h.1. Self-Monitoring Report (SMR) System Design Recognizing these aforementioned monitoring systems, the DENR has adopted a SelfMonitoring Report (SMR) System Design as part of its compliance monitoring system.

228 229

Procedural and Reference Manual for DENR Administrative Order 2003-27, August 2003, at p.2. Procedural and Reference Manual for DENR Administrative Order No. 2003-27, August 2003, at p.2. 230 Procedural and Reference Manual for DENR Administrative Order No. 2003-27, August 2003, at p.2. 231 Procedural and Reference Manual for DENR Administrative Order No. 2003-27, August 2003, at p.2. 232 Procedural and Reference Manual for DENR Administrative Order No. 2003-27, August 2003, at p.2.

JETRO IDE ­ Final Report February 20, 2006 Page 177

The SMR has two basic objectives, namely: 1. It allows firms or establishments to demonstrate their compliance with environmental regulations (e.g., PD 984, PD 1586, RA 6969, RA 8749); and 2. It allows EMB to confirm or validate that firms or establishments comply with environmental regulations or requirements. 233 The SMR system shall be implemented nationwide including areas under the jurisdiction of the LLDA.234 All firms satisfying the criteria for Industry Classification Requiring the Services of Accredited Pollution Control Officers and firms that should have full-time pollution control officer (e.g. waste treater and waste generators) are required to submit the SMR. (i) Modules of SMR The SMR consist of seven modules as follows: (a) MODULE 0. General Information Sheet The purpose of this module is to provide basic information about the facility. The module needs only to be completed and submitted once. Subsequent updates (e.g. revisions) may be done during the regular SMR submissions.235 (b) Module 1. General Information This module is intended to provide background information about the establishment, firm or facility including changes or modifications of General Information Sheet (Module 0), if any. This module must be included in ALL submissions of the SMR.236 (c) Module 2. RA 6969 This module provides information on compliance with the requirements of RA 6969. This module is composed of three sub-modules: A) Compliance with Chemical Control Order (CCO) Report, B) for hazardous wastes treater and recycler, and C) for hazardous wastes generator.237

233 234

Procedural and Reference Manual for DENR Administrative Order No. 2003-27, August 2003, at p.3. Procedural and Reference Manual for DENR Administrative Order No. 2003-27, August 2003, at p.3. 235 Section 4.2 of the Procedural and Reference Manual for DENR Administrative Order No. 2003-27, August 2003. 236 Section 4.3 of the Procedural and Reference Manual for DENR Administrative Order No. 2003-27, August 2003. 237 Procedural and Reference Manual for DENR Administrative Order No. 2003-27, August 2003 at p. 4.

JETRO IDE ­ Final Report February 20, 2006 Page 178

(i) Module 2A. CCO Report This module is intended to provide information related to regulations on chemical substance specifically on the CCO Report. Unless provided otherwise in the appropriate license/permit/clearance, this module shall be included in the quarterly SMR submission/s. One complete set of this sub-module must be prepared for each of the CCO-listed chemical or substance. 238 (ii) Module 2B. Hazardous Wastes Generator This module is intended to provide information related to compliance with RA 6969. This section is applicable only for hazardous wastes generator. Unless provided otherwise in the appropriate license/permit/clearance, this module shall be included in the quarterly SMR submission/s. 239 (iii) Module 2C. Hazardous Wastes Treater or Recycler This section is applicable only for hazardous wastes treater or recycler. Unless provided otherwise in the appropriate license/permit/clearance, this module shall be included in quarterly SMR submission/s. 240 (d) Module 3. PD 984 (Water Pollution) This module is intended to provide information related to compliance on RA 9275. This section is applicable only for facility or establishment with discharges. Unless provided otherwise in the appropriate license/permit/clearance, this module shall be included in quarterly SMR submission/s. 241 (e) Module 4. RA 8749 (Air Pollution) This module is intended to provide information related to compliance with RA 8749. This section is applicable only for facility or establishment with emissions from process equipment or fuel burning equipment. Unless provided otherwise in the appropriate

238 239

Section 4.4 of the Procedural and Reference Manual for DENR Administrative Order No. 2003-27, August 2003. Section 4.5 of the Procedural and Reference Manual for DENR Administrative Order No. 2003-27, August 2003. 240 Section 4.6 of the Procedural and Reference Manual for DENR Administrative Order No. 2003-27, August 2003. 241 Section 4.7 of the Procedural and Reference Manual for DENR Administrative Order No. 2003-27, August 2003.

JETRO IDE ­ Final Report February 20, 2006 Page 179

license/permit/clearance, submission/s.242

this

module

shall

be

included

in

quarterly

SMR

(f) Module 5. PD 1586 (Environmental Impact Statement System) This module is intended to provide information related to compliance on PD 1586. This section is applicable only for facility or establishment with ECC/s. Unless provided otherwise, this module shall be included in the SMR submission/s on an annual basis only (during the last quarter). Furthermore, the module/report should be integrated for facilities or establishments covered by multiple ECCs. 243 (g) Module 6. Others This module is intended to provide information that are not exclusive to any of the other module/s. This module must be included in ALL submissions of the SMR. The module includes also the notary portion of the SMR. In case of electronic submission, this module must be faxed or delivered to the DENR Regional Office concerned. For a complete sample of the SMR, please see Annex O.244 (ii) Submission of SMR Unless provided otherwise, all covered firms shall submit the SMR on a quarterly basis. SMR covering activities in a quarter shall be submitted within fifteen (15) calendar days after the end of the said quarter as may be determined by the DENR Regional Office concerned. The submission of the SMR may be done through: (a) Printed or hard copies ­ Submission of the required number of (completed, signed, and notarized) copies to the EMB Regional Office concerned. (b) Electronic submission. (c) E-mail the completed report to the EMB Regional Office concerned. (d) Fax or deliver printed/hard one (1) copy of the completed, signed and notarized Module 6 (NOT the entire report) to the EMB Regional Office concerned.245

242 243

Section 4.8 of the Procedural and Reference Manual for DENR Administrative Order No. 2003-27, August 2003. Section 4.9 of the Procedural and Reference Manual for DENR Administrative Order No. 2003-27, August 2003. 244 Procedural and Reference Manual for DENR Administrative Order No. 2003-27, Series of 2003.

JETRO IDE ­ Final Report February 20, 2006 Page 180

(iii) Evaluation of SMR The EMB shall complete the procedural, technical and/or substantive review of the submitted SMR within fifteen (15) working days. Absence of actions/communication from the DENR Regional Office concerned within the prescribed period shall be deemed as acceptance of the SMR submitted.246 (iv) Confidentiality of SMR Upon completion of the EMB's evaluation, the SMRs are considered as public documents. As such, access to these documents by written request of the general public shall be allowed in accordance with applicable rules and regulations especially, but not limited to the guarantee of the confidentiality of specific business information under RA 6969 and its Implementing Rules and Regulations.247 h.2. Ocular Inspection In addition to the SMR, the DENR-Central office and the regional office concurrently monitored the legal compliance of the parties. There is the regular ocular inspection conducted before the certification of registration is issued to the applicant and the on-thespot inspection during the business operations.

XI. Current Practices and Issues on Waste Management Based on our interviews and gathering of information, below are illustrations of several current practices of and issues encountered by the parties in their waste management. There is also a discussion of the current major concern of the parties in waste management industry.

Illustration No. 1 O.M. Manufacturing Philippines, Inc. O.M. Manufacturing Philippines Inc., a domestic corporation registered enterprise in Cavite Economic Zone under Philippine Economic Zone Authority (PEZA), is a waste generator, waste treater and, waste transporter duly accredited with the DENR.248

245 246

Section 3.1 of the Procedural and Reference Manual for DENR Administrative Order No. 2003-27, August 2003. Section 3.2 of the Procedural and Reference Manual for DENR Administrative Order No. 2003-27, August 2003. 247 Section 3.2 of the Procedural and Reference Manual for DENR Administrative Order No. 2003-27, August 2003. 248 Facts gathered from interviews and materials from O.M. Manufacturing Philippines.

JETRO IDE ­ Final Report February 20, 2006 Page 181

a. Company's profile and classes of the industrial waste The corporation is engaged in producing highest quality of recycled ground metal through cultivated technology. The processed goods produced from tin and lead are used in the fields of electronics, casting, jewelry and fashion accessories, radiators, and others. The company is an accredited treater of solder waste that has a high level of lead concentration. Solder dross is the oxide of Tin (Sn) and Lead (Pb) alloy compound with other elements such as copper, silver, bismuth, antimony, etc. This mixture of solder and oxides looks like a sherbet wherein the oxides float and accumulate on the surface of molten solder. Considering that it has a total lead concentration greater than 5mg/L based on analysis of an extract from representative sample of the waste, it was classified as hazardous waste under Inorganic Compound-Lead Compound (D406). Please refer to the Table of Hazardous Waste on page 76. b. Treatment/recycling process In recycling solder waste, the company has been using the following major recycling processes: 1. Smelting ­ which refers to the process of recycling and refining leaded solder from other impurities through melting; and 2. Electrolytic ­ treating and refining lead free solder to extract pure Tin.

The treatment and production process for solder is shown in the next page.

JETRO IDE ­ Final Report February 20, 2006 Page 182

1) SOURCING OF RAW MATERIALS

O.M. MANUFACTURING PHILIPPINES, INC. PRODUCTION FLOW CHART SOLDER

2) WARE HOUSING

CL;ASSIFICATION AND STORAGE OF RAW MATERIALS ACCORDING TO LEAD CONTENT AND IMPURITIES

3) FIRST STAGE OF PRODUCTION

OBJECTIVE: TO SEPARATE LEAD FROM IMPURITIES

A. RAW MATERIALS IS PLACED INSIDE THE 1ST POT B. DIESEL OIL BURNED IS INTRODUCED TO RAISE TEMP C. MIXER IS INTRODUCED TO AGITATE MOLTEN MATERIAL D. REMOVAL OF OIL DROSS E. REMOVAL OF CUTWIRES F. POURING OF MOLTEN LIAD INTO INGOT CASES G. COOLING PERIOD Furnace (New Process) Pot 4 A. RESIDUE FROM ALL STAGES IS PLACED IN THE 4TH POT B. DIESEL OIL BURNER IS INTRODUCED TO RAISE TEMP. 4) SECOND STAGE OF PRODUCTION C. POURING OF MOLTEN LEAD INTO INGOT CASES D. COOLING PERIOD Residue % 2-5% Residue % 10-20%

OBJECTIVE: TO REMOVE COPPER FROM THE PRODUCTS

A. INGOTS FORM INITIAL STAGE IS PLACED IN THE 2ND POT B. DIESEL OIL BURNER IS INTRODUCED TO RAISE TEMP. C. MIXER IS INTRODUCED TO AGITATE MOLTEN MATERIAL D. COPPER DROSS IS REMOVED E. POURING OF MOLTEN LEAD INTO INGOT CASES F. COOLING PERIOD Residue % 5-10%

BASEL EXPORT

5) THIRD STAGE OF PRODUCTION

OBJECTIVE: TO REMOVE OTHER IMPURITIES SUCH AS Ag, Bi etc. if necessary

A. INGOTS FORM 2ND STAGE IS PLACED IN THE 3RD POT B. DIESEL OIL BURNER IS INTRODUCED TO RAISE TEMP C. MIXED IS INTRODUCED TO AGITATE MOLTEN MATERIAL D. REMOVAL OF OTHER IMPURITIES E. POURING OF MOLTEN LEAD INTO INGOT CASES F. COOLING PERIOD Residue% 2-5%

6) PACKING AND SHIPPING

c. Legal Compliance (i) Registration and Licensing Requirements In compliance with the government regulatory measures for waste management, the corporation has, among others, secured the following certificates: TSD Registration Certificate issued by the DENR ­ EMB Transporter Registration Certificate issued by the DENR ­ EMB Environmental Compliance Certificate for each of the covered project by the EIA System issued by the DENR ­ EMBPermit to operate required for air quality monitoring issued by the DENR ­ EMB Registration as waste generator issued by the DENR-EMB Permit to transport issued by the DENR-EMB

The company has also made the required quarterly self-monitoring system report in compliance with the government regulation. (ii) Additional Safety and Control Measures To completely protect the health and ensure safety of their employees considering the potential hazards of lead exposure and in compliance with other government regulatory measures, the corporation has adopted several engineering and administrative controls for its employees and facilities. 1. Engineering Controls The following are the engineering controls adopted by the company: cyclone type ventilation ventilation fans dust collector isolated solder drilling room full protection equipment such work clothing and equipment for the hazards such as respirator, goggles, gloves, safety shoes, ear plugs

2. Administrative controls For administrative controls, the company has provided the following Lead testing prior to the hiring Annual medical check-up for all the employees as required by the law Quarterly lead blood testing for those directly exposed to hazardous substance and twice a year for office personnel

JETRO IDE ­ Final Report February 20, 2006 Page 184

-

-

Daily supply of milk to strengthen the calcium intake of its employees. This is in line with the study that that a person who has calcium insufficiency absorbs higher lead than those who have no calcium deficiency Daily supply of mouthwash for smelters to eliminate possible bacteria caused by the powdery dust of the substance.

3. Other internal safety measures of the Company The company is conducting an annual air emission test. d. Current Issues/Problems on waste management The company has confronted the issue of the proper classification of waste of whether it is hazardous or non-hazardous. Specifically, the classification of hazardous wastes appears to be too general and would probably encompass almost all of kinds of wastes. For instance, waste with copper compounds, without any specific limitation, is considered as hazardous waste. Copper compounds appear to almost all kinds of electronic products and other products with metal components and commonly associated with copper metal or elemental copper. Clearly, under this interpretation almost all wastes from electronic products are hazardous. The company also registered as a waste transporter to protect the quality of the solder waste they get from their suppliers. There are some reports that in some instances there is somehow dilution of wastes while in the possession of the transporter affecting the desired quality for treatment and recycling of the wastes for viable commercial products. As preventive measure, OM Manufacturing Philippines, Inc. decided not to avail the services of third party service provider (i.e. waste transporter). Illustration No. 2 Caltex Philippines, Inc. Caltex Philippines, Inc., an energy corporation, is registered as waste generator with the DENR. 249 a. Company's profile and classes of the industrial wastes Caltex Philippines Inc. an energy corporation refines crude oil and markets petroleum products, LNG and gas products. In the process of refining oil to produce other oilrelated products such as gasoline, diesel gasoline and others, the company has

249

Facts are based on the interviews from Caltex

JETRO IDE ­ Final Report February 20, 2006 Page 185

generated several waste which, among others, include off-specs and used oil, effluence or oily water, spent filters, brake fluids which are corrosive, coolant for radiators, used cans, oil-laden rugs from their gasoline dealer stations, contaminated/impacted oil-laden soil, oil sludges from black fuel. For asbestos and sulfur waste, they still under go dismantling process under the company's refinery processing facilities/units. b. Waste disposal process For proper disposal of these wastes, the company maintains its own oil and water separator facilities in its depot and terminals so as to avoid contaminated water from being dumped into the sewage system. The company also engaged the services of thee (3) independent and duly licensed waste treaters/transporter to meet the company's needs for proper waste management. The first treater is located inside a cement plant and used the sludge or used oil, which has heating capacity, as fuel to run the cement manufacturing facilities. The waste transporter company is responsible for transporting both the sludges and oil-contaminated soil. Another company, pre-treats the wastes and ties up with another company for the final disposal of the waste products. Initially, when the company did not yet have these contracts with third party waste treaters, it used to bury underground its waste materials, put landmarks or labels on the spot where such waste products were buried. However, due to the possibility that the toxic substance of these materials will mixed with the ground water and they decided to stop such practice. The company does not support re-cycling of its used oil commercially to avoid any issue of liability, risk management and unfair competition. Its waste treaters use these waste products for their own use but not to sell them commercially as new products, which some recylers do when they sell the used oil after treatment especially to tricycle drivers and other low-end consumers. c. Legal compliance For legal compliance, among others, in addition to the registration as waste generator, there is a quarterly reporting by its PCOs (Pollution Control Officers) who are stationed/obliged to be present per site (i.e. gasoline station regardless of classificationCOCO (company-owned co-operated), CORO (co-owned retailer-operated) and RORO (retailer-owned retailer-operated. The company is also faced with the payment of annual renewal fees not just for the permit to operate the oil/water separator facilities but also for the permit to operate its company-owned generators which have impact on Greenhouse effect.

JETRO IDE ­ Final Report February 20, 2006 Page 186

d. Safety and control measures In addition to the safety and precautionary measures required under the laws and regulations, the Company has also adopted stringent safety standards to ensure the safety, health, and protection of its employees and facilities. Specifically, the company adopts the Australia or New Zealand standards as to the acceptable level of exposure of its workers on-site to potential hazardous substance, so as to minimize health risks on the part of its workers. The company has its own set of stringent standards to pre-qualify the waste treaters because it is aware that some licensed DENR waste treaters/transporters are not bona fide or legitimate since they were able to get these permits thru illegal means. e. Current issues and problems on waste management As to the main problems encountered by the company, it has noted that DENR does not have risk-based standards for contaminants, i.e. total petroleum hydro-carbon chemical substance present in gasoline, which are hazardous to receptors (those exposed to such hazardous substance). In response to this, as previously mentioned, the company adopted instead the Australia or New Zealand standards. Illustration no. 3 HAZCHEM INC. Hazchem Inc. is a transporter and treater of hazardous waste duly accredited with the DENR.250 a. Company's profile and classes of industrial wastes Hazchem Inc. is engaged in transporting and treating the industrial wastes such as wastewater, sludges, waste oil, solvents, acid wastes, alkali wastes, contaminated rags, and contaminated containers. Likewise, it provides services for destruction and treatment of expired products (non-hazardous). In other related services, it provides trucking and tank cleaning services and environmental consultancy. b. Waste treatment process In the process of treating the aforementioned industrial wastes, the company produced several products for commercial use including used oil and solvents. As part of its waste

250

Facts based on the interviews and materials from Hazchem Inc.

JETRO IDE ­ Final Report February 20, 2006 Page 187

treatment facilities, the company has installed, among others, following facilities: (a) waste water treatment facility; (b) oil treatment and recycling facility; (c) solvent treatment and recovery facility; and (c) sludge treatment facility. For those wastes that can no longer recycle such as sludge, they undergo encapsulation process by usually mixing those wastes with cement to produce bricks. However, those bricks are not for commercial sale but usually used as tools or decoration in the business premises. c. Fees for transporting and treatment The fees for transporting and treatment of industrial waste depend on the kind of wastes, contamination and volume. d. Legal compliance and safety measures As part of the legal compliance, the company has, among others, obtained the following permits and licenses related to waste management: Environmental compliance certificate for the covered undertaking from DENR TSD Registration Certificate DENR Transporter Registration Certificate from DENR Permit to transport from the DENR Discharge permit for water from the Laguna Lake Development Authority Sanitary permit to operate from the LGU Fire Safety Clearance Barangay Clearance Location clearance from the LGU Permit to operate for air pollution source and control installations Permit to Operate from DOLE for the Boiler

As part of the requirements on air emission quality control, the company also regularly conducts the quarterly air emission test. In compliance with the regulatory measures from the Department of Labor and Employment, the company also provides complete personal protective equipment and requires annual medical check-up for all its employees for their proper protection and safety, Registered in Social Security System and Philhealth. The company also designated a pollution control officer duly accredited with the DENR and a chemist for their laboratory compliance.

JETRO IDE ­ Final Report February 20, 2006 Page 188

As part of the company's policy to minimize exposure to potential hazardous substance, the company usually rotates its personnel to different stages of the treatment process and other related work. In connection with these workers will know all aspects of what the company is doing and thus obtaining the missions and visions of the company. Major Current Concern of the Parties in Waste Management Industry The DENR is recently requiring Mandatory Environmental Insurance Coverage (MEIC) for all ongoing activities/projects and application for ECC and/or Certificate of NonCoverage under DENR Administrative Order No. 2005-06, dated 06 April 2005. The MEIC shall encompass payment of damages to health and property, environmental rehabilitation, remediation and/or clean- up costs and expenses, and provide a facility for the alleviation and recompense for any kind of environmental impairment or damage by reason of the project.251 Various sectors in the business industry including those involve in waste management are strongly opposing the MEIC imposition based on the following grounds, among others:252 1. Lack of public consultation The DENR formulated the policy without prior consultation with other key parties and players such as the government agencies (e.g. DTI, BOI, and PEZA), Foreign Chamber of Commerce in the Philippines, Employers Confederation of the Philippines, and Philippine Chamber of Commerce and Industry. It took about five (5) months from the effectivity of DENR Administrative Order No. 2005-06 (May 03, 2005), before information campaigns and dissemination on MEIC were undertaken. 2. MEIC duplicates and complicates only the existing, sufficient protective mechanisms on environment. Prior to the MEIC, among the protective mechanisms adopted to properly monitor the activities are establishment of the Multipartite Monitoring Team and Environmental Guarantee Fund.253

251 252

Section 2 of DENR Administrative Order No. 2005-06 Enumerated grounds are based on the Position Paper filed by the Foreign Chamber of Commerce in the Philippines on the DENR Guidelines for the Institution of a System of Mandatory Environmental Insurance Coverage as outlined in DENR Administrative Order No. 2005-06. 253 Section 9 of DENR Administrative Order No. 2003-30.

JETRO IDE ­ Final Report February 20, 2006 Page 189

a. Multipartite Monitoring Team For projects under Category A for the purpose of Environmental Impact Statement System, a multi-partite monitoring team (MMT) shall be formed immediately after the issuance of an ECC. Proponents required to establish an MMT shall put up an Environmental Monitoring Fund (EMF) not later than the initial construction phase of the project.254 For projects whose significant environmental impacts do not persist after the construction phase or whose impacts could be addressed through other regulatory means or through the mandates of other government agencies, the operations of MMT may be terminated immediately after construction or after a reasonable period during implementation.255 b. Environmental Guarantee Fund An Environmental Guarantee Fund (EGF) shall be established for all co-located or single projects that have been determined by DENR to pose a significant public risk or where the project requires rehabilitation or restoration. An EGF Committee shall be formed to manage the fund. It shall be composed of representatives from the EMB Central Office, EMB Regional Office, affected communities, concerned LGUs, and relevant government agencies identified by EMB.256 The aforementioned protective mechanisms are believed to be sufficient to address the concerns on the environmental protection. Likewise, there has been no sufficient explanation on the rationale and imperative need to replace the MMT and EGF. Thus, the MEIC duplicates only these existing protective mechanisms and put additional unnecessary business cost. 3. Legislate a new law for better transparency Considering that the issue raised is of national concern, it is but appropriate for a better and transparent framework to have a law not just a regulation on this issue. 4. Monopoly of MEIC Stronghold Insurance Company, Inc., appears to be the only underwriter for MEIC out of the 41 existing accredited insurance companies and the rest are simply agents of

254 255

Section 9 of DENR Administrative Order No. 2003-30. Section 9 of DENR Administrative Order No. 2003-30.

256

Section 9 of DENR Administrative Order No. 2003-30.

JETRO IDE ­ Final Report February 20, 2006 Page 190

applications. Monopoly by just one company to deliver the service of insurance coverage may lead to lack of transparency and gross inefficiency in assessment and payment of claims. XII. Governmental problems and issues a. National Government Problem in registration In the past years there is quite a considerable increase of registration of the parties due to the increasing information and dissemination campaigns by the government on the proper waste management. However, there are still a significant number of firms engaged in waste activities or operations which are still not regulated or registered with the DENR. Problem in Monitoring Despite the mechanism in place for effective monitoring of legal compliance, there is still a lack of proper monitoring due to insufficient manpower resources to effectively do the work. b. Local Government Although LGUs have had significant progress in adopting the required solid waste management plan, there is still a need to exert enormous efforts to fully implement the law. One of the major concerns is the lack of appropriate site for sanitary landfills. There is a strong resistance from constituents of LGUs against proposal to establish sanitary landfills in their community. Many people are associating the effects of the sanitary landfills with the social stigma of unpleasant odor and surrounding. Despite the mandatory requirement for the closure of the open dumpsites, there are still open dumpsites in the Philippines. Likewise, there are still controlled dumpsites that will operate beyond the mandatory deadline for its closure on February 2006. The main reasons are lack of alternative site and financial resources to support the full implementation of the law.

Information

untitled

196 pages

Find more like this

Report File (DMCA)

Our content is added by our users. We aim to remove reported files within 1 working day. Please use this link to notify us:

Report this file as copyright or inappropriate

27926


You might also be interested in

BETA
Missouri Revised Statutes
Microsoft Word - aguasenglish.doc
A
Microsoft Word - Role of Municipal Government in Protecting Water Quality TMDL Litigation, NAFTA NAAEC and US Mexico Border 201