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This web
page
contains the full text of
Republic
Act No. 6969
[AN ACT TO CONTROL TOXIC
SUBSTANCES
AND HAZARDOUS AND NUCLEAR WASTES PROVIDING PENALTIES FOR VIOLATIONS
THEREOF,
AND FOR OTHER PURPOSES]
REPUBLIC ACT NO.
6969
[AN ACT TO
CONTROL TOXIC
SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTES PROVIDING PENALTIES FOR
VIOLATIONS
THEREOF,
AND FOR OTHER
PURPOSES]
Be it enacted by the Senate
and House of Representatives of the Philippines in Congress assembled:
Section 1
Short
Title
This Act shall be known
as the "Toxic Substances and Hazardous and Nuclear Wastes Control
Act
of 1990."
Section 2
Declaration
of
Policy
It is the policy of the
State to regulate, restrict or prohibit the importation, manufacture,
processing,
sale, distribution, use and disposal of chemical substances and
mixtures
that present unreasonable risk and/or injury to health or the
environment;
to prohibit the entry, even in transit, of hazardous and nuclear wastes
and their disposal into the Philippine territorial limits for whatever
purpose; and to provide advancement and facilitate research and studies
on toxic chemicals.
Section 3
Scope
This Act shall cover
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.
Section 4
Objectives
The objectives of this
Act
are:
a. To
keep an
inventory
of chemicals that are presently being imported, manufactured, or used,
indicating among others, their existing and possible uses, test data,
names
of firms manufacturing or using them, and such other information as may
be considered relevant to the protection of health and the environment;
b. To monitor
and
regulate the importation, manufacture, processing, handling, storage,
transportation,
sale, distribution, use and disposal of chemical substances and
mixtures
that present unreasonable risk or injury to health or to the
environment
in accordance with national policies and international commitments;
c. To inform
and
educate
the populace regarding the hazards and risks attendant to the
manufacture,
handling, storage, transportation, processing, distribution, use and
disposal
of toxic chemicals and other substances and mixtures; and
d. To prevent
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.
Section 5
Definition
As used in this Act:
a.
Chemical
substance
means any organic or inorganic substance of a particular molecular
identity,
including:
1.
Any
combination
of such substances occurring in whole or in part as a result of
chemical
reaction or occurring in nature; and
2. Any element of
uncombined
chemical.
b. Chemical
mixture
means any combination of two or more chemical substances if the
combination
does not occur in nature and is not, in whole or in part, the result of
a chemical reaction, if none of the chemical substances compromising
the
combination is a new chemical substance and if the combination could
have
been manufactured for commercial purposes without a chemical reaction
at
the time the chemical substances compromising the combination were
combined.
This shall include nonbiodegradable mixtures.
c. Process
means
the
preparation of a chemical substance or mixture after its manufacture
for
commercial distribution:
1.
In the
same form or physical state or in a different form or physical state
from
that which it was received by the person so preparing such substance or
mixture; or
2. As part of
an
article
containing a chemical substance or mixture.
d. Importation
means
the entry of a product or substance into the Philippines (through the
seaports
or airports of entry) after having been properly cleared through or
still
remaining under customs control, the product or substance of which is
intended
for direct consumption, merchandising, warehousing, or for further
processing.
e. Manufacture
means
the mechanical or chemical transformation of substances into new
products
whether work is performed by power-driven machines or by hand, whether
it is done in a factory or in the worker’s home and whether the
products
are sold at wholesale or retail.
f. Unreasonable
risk
means expected frequency of undesirable effects or adverse responses
arising
from a given exposure to a substance.
g. Hazardous
substances
are substances which present either:
1.
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; or
2. 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.
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.
Section 6
Functions,
Powers
and
Responsibilities of the Department of Environment and Natural Resources
The Department of
Environment
and Natural Resources shall be the implementing agency tasked with the
following functions, powers, and responsibilities.
a. To
keep an
updated
inventory of chemicals that are presently being manufactured or used,
indicating
among others, their existing and possible uses, quantity, test data,
names
of firms manufacturing or using them, and such other information as the
Secretary may consider relevant to the protection of health and the
environment;
b. To require
chemical
substances and mixtures that present unreasonable risk or injury to
health
or to the environment to be tested before they are manufactured or
imported
for the first time;
c. To require
chemical
substances and mixtures which are presently being manufactured or
processed
to be tested if there is a reason to believe that they pose
unreasonable
risk or injury to health or the environment;
d. To evaluate
the
characteristics of chemicals that have been tested to determine their
toxicity
and the extent of their effects on health and the environment;
e. To enter
into
contracts
and make grants for research, development, and monitoring of chemical
substances
and mixtures;
f. To conduct
inspection
of any establishment in which chemicals are manufactured, processed,
stored
or held before or after the commercial distribution and to make
recommendations
to the proper authorities concerned,
g. To
confiscate
or
impound chemicals found not falling within the standard set by the
rules
and regulations and the said acts cannot be enjoined except after the
chemicals
have been impounded;
h. To monitor
and
prevent the entry, even in transit, of hazardous and nuclear wastes and
their disposal into the country;
i. To subpoena
witnesses
and documents and to require other information if necessary to carry
out
the provisions of this Act;
j. To call on
any
department, bureau, office, agency, state university or college, and
other
instrumentalities of the Government for assistance in the form of
personnel,
facilities, and other resources as the need arises in the discharge of
its functions;
k. To
disseminate
information and conduct educational awareness campaign on the effects
of
chemical substances, mixtures and wastes on health and environment; and
l. To exercise
such
powers and perform such other functions as may be necessary to carry
out
its duties and responsibilities under this Act.
Section 7
Inter-Agency
Technical
Advisory Council
There is hereby created
an Inter-Agency Technical Advisory Council attached to the Department
of
Environment and Natural Resources which shall be composed of the
following
officials or their duly authorized representatives:
| Secretary of
Environment
and Natural Resources |
Chairman |
| Secretary of
Health |
Member |
| Director of the
Philippine
Nuclear Research and Institute |
Member |
| Secretary of
Trade and Industry |
Member |
| Secretary of
Science and
Technology |
Member |
| Secretary of
National Defense |
Member |
| Secretary of
Foreign Affairs |
Member |
| Secretary of
Labor and Employment |
Member |
| Secretary of
Finance |
Member |
| Secretary of
Agriculture |
Member |
| Representative
from a non-governmental
organization on health and safety |
Member |
The representative from
the non-governmental organization shall be appointed by the President
for
a term of three (3) years.
The Council shall have the
following functions:
a. To
assist the
Department
of Environment and Natural Resources in the formulation of the
pertinent
rules and regulations for the effective implementation of this Act;
b. To assist
the
Department
of Environment and Natural Resources in the preparation and updating of
the inventory of chemical substances and mixtures that fall within the
coverage of this Act;
c. 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 Department of Environment and
Natural Resources; and
d. To perform
such
other functions as the Secretary of Environment and Natural Resources
may,
from time to time, require.
Section 8
Pre-Manufacture
and
Pre-Importation Requirements
Before any new chemical
substance or mixture can be manufactured, processed or imported for the
first time as determined by the Department of Environment and Natural
Resources,
the manufacturer, processor or importer shall submit the following
information:
the name of the chemical substance or mixture; its chemical identity
and
molecular structure; proposed categories of use; an estimate of the
amount
to be manufactured, processed or imported; processing and disposal
thereof;
and any test data related to health and environmental effects which the
manufacturer, processor or importer has.
Section 9
Chemicals
Subject
to
Testing
Testing shall be
required
in all cases where:
a.
There is a
reason
to believe that the chemical substance or mixture may present an
unreasonable
risk to health or the environment or there may be substantial human or
environmental exposure thereto;
b. There are
insufficient
data and experience for determining or predicting the health and
environmental
effects of the chemical substance or mixture; and
c. The testing
of
the chemical substance or mixture is necessary to develop such data.
The manufacturers, processors
or importers shall shoulder the costs of testing the chemical substance
or mixture that will be manufactured, processed or imported.
Section
10
Action
by the
Secretary
of Environment
and
Natural
Resources
or His
Duly
Authorized
Representative
The Secretary of
Environment
and Natural Resources or his duly authorized representatives shall,
within
ninety (90) days from the date of filing of the notice of manufacture,
processing or importation of a chemical substance or mixture, decide
whether
or not to regulate or prohibit its importation, manufacture,
processing,
sale, distribution, use or disposal. The Secretary may, for justifiable
reasons, extend the ninety-day pre-manufacture period within a
reasonable
time.
Section
11
Chemical
Substances
Exempt
from
Pre-Manufacture
Notification
The manufacture of the
following
chemical substances or mixtures shall be exempt from pre -manufacture
notification:
a.
Those included
in the categories of chemical substances and mixtures already listed in
the inventory of existing chemicals,
b. Those to be
produced
in small quantities solely for experimental or research and
developmental
purposes;
c. Chemical
substances
and mixtures that will not present an unreasonable risk to health and
the
environment;
d. Chemical
substances
and mixtures that exist temporarily and which have no human or
environmental
exposure such as those which exist as a result of chemical reactions in
the manufacture or processing of a mixture of another chemical
substance.
Section
12
Public
Access to
Records,
Reports or Notification
The public shall have
access
to records, reports or information concerning chemical substances and
mixtures
including safety data submitted, data on emission or discharge into the
environment, and such documents shall be available for inspection or
reproduction
during normal business hours except that the Department of Environment
and Natural Resources may consider a record, report or information or
particular
portions thereof confidential and may not be made public when such
would
divulge trade secrets, production or sales figures or methods,
production
or processes unique to such manufacturer, processor or distributor, or
would otherwise tend to affect adversely the competitive position of
such
manufacturer, processor or distributor. The Department of Environment
and
Natural Resources, however, may release information subject to claim of
confidentiality to a medical research or scientific institution where
the
information is needed for the purpose of medical diagnosis or treatment
of a person exposed to the chemical substance or mixture.
Section
13
Prohibited
Acts
The following acts and
omissions
shall be considered unlawful:
a.
Knowingly use a
chemical substance or mixture which is imported, manufactured,
processed
or distributed in violation of this Act or implementing rules and
regulations
or orders;
b. Failure or
refusal
to submit reports, notices or other information, access to records as
required
by this Act, or permit inspection of establishment where chemicals are
manufactured, processed, stored or otherwise held;
c. Failure or
refusal
to comply with the pre-manufacture and pre-importation requirements; and
d. Cause, aid
or
facilitate,
directly or indirectly, in the storage, importation, or bringing into
Philippine
territory, including its maritime economic zones, even in transit,
either
by means of land, air or sea transportation or otherwise keeping in
storage
any amount of hazardous and nuclear wastes in any part of the
Philippines.
Section
14
Criminal
Offenses
and
Penalties
a.
1.
The penalty of imprisonment of six (6) months and one day to six (6)
years
and one 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;
2. 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 co-principal;
3. 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.
1.
The penalty of imprisonment of twelve (12) years and one 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;
2. In 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 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;
3. 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;
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.
Section
16
Promulgation
of
Rules
and Regulations
The Department of
Environment
and Natural Resources, in coordination with the member agencies of the
Inter-Agency Technical Advisory Council, shall prepare and publish the
rules and regulations implementing this Act within six months from the
date of its effectivity.
Section
17
Appropriations
Such amounts as may be
necessary
to implement the provisions of this Act is hereby annually appropriated
and included in the budget of the Department of Environment and Natural
Resources.
Section
18
Separability
Clause
If any provision of
this
Act is declared void or unconstitutional, the remaining provisions
thereof
not affected thereby shall remain in full force and effect.
Section
19
Repealing
Clause
All laws, presidential
decrees,
executive orders and issuances, and rules and regulations which are
inconsistent
with this Act are hereby repealed or modified accordingly.
Section
20
Effectivity
This Act shall take
effect
after fifteen (15) days following its publication in the Official
Gazette
or in any newspaper of general circulation.
Approved: October 26, 1990
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