Waste Treatment Technology Act

CONGRESS OF THE PHILIPPINES TWENTIETH CONGRESS First Regular Session HOUSE OF REPRESENTATIVES H. No. 6685 BY REPRESENTATIVES ROMUALDO, GATCHALIAN, MARQUEZ, RODRIGUEZ (R.), RODRIGUEZ (M.), TEODORO, VILLAYUERTE (M.L.), VILLAFUERTE (V.R.L.), HORIBATA, RIDON, CUA, MARCOLETA, FRESNEDI, ROMUALDEZ (F'.M.), ROMUALDEZ (Y .M.), ROMUALDEZ (A.J.), ACIDRE, ZUBIRI, PLEYTO, RODRIGUEZ (E.), TOLENTINO, LEGARDA, MERCADO-REVILIA, REVILLA (B.), REVILIA (R.J.), ESCUDERO, SUNTAY, YAP (EDVIC), MASTURA, DY (F.), MARCOS, ALMARIO (C.M.), ALVAREZ (J.) AUMENTADO, QUIMBO, RIVERA, LORIA, NAZAL, AIMONTE, ALVAREZ (M.), BERNOS (C.), CHUNGALAO, DAZA, DE VENECIA, GALEOS, MARAÑON, MATUGAS, ODUCADO, PANALIGAN, PASCUAL, SALCEDA, SALI, UY (D.C.), BONDOC, SUANSING (B.V.), 'TANJUATCO, POE, RAMA, TARRIELA, ALBANO, GALANG, CORVERA, SUAN, BULUT-BEGTANG, AGYAO, BANCORO, BAUTISTA (C.), BELTRAN, CAOAGDAN, CO-PILAR, CRUZADO, DAGOOC, DALOG, DIMAPORO (I.), ESPARES, ESPINA, GARBIN, GARCIA (D.), GONZALES (C.S.), GORRICETA, GUINTU, HERNANDEZ (P.), KHO (W.), LOYOLA, MACASAET, MADRONA, PANOTES, SAGARBARRIA, SANTOS (M.A.), SINGSON (R.), SOLON, TAN (S.J.), TERENG, TUAN, TUPAS, VALERIANO, SALVAME, BARBA, FERRER (A.), KHONGHUN, LACSON, LAGDAMEO (M.Y.M.), MACAPAGAI-ARROYO, MANIQUIZ, MERCADO, SAN FERNANDO, VELOSO-TUAZON, YU (J.K.), ZAMORA (Y.M.), ANGELES, ALBA, ATAYDE, CALIXTO, ENVERGA, FUENTEBELLA, GONZALES (A.), GUICO, LUMAYAG, MATIBAG, MIRAFLORES, SALVADOR, VILLARICA, EMANO, DEL MAR, GLEPA, AGARAO, OLIVAREZ, DY (F.M.C.), CHUA, ABALOS, BAÑAS-NOGRALES, BENITEZ (J.M.), CRUZ (R.), DY (I.P.), GULLAS, LAZATIN, LOPEZ, MANGUDADATU, OAMINAL (H.), SUAREZ, TAN (K.M.), VELOSO, SHIMURA, ANG, FERRER (J.), GARCIA (J.A.), ROMAN, DEGAMO, CARI, DE JESUS, ACOSTA, ARENAS, ROBES, YAP (A.), LAGON (S.), COLLANTES, PADIERNOS, ORETA, GATO, DIMAGUILA, AMANTE, NAVA, LAGBAS, VILLA, BAUTISTA-LIM, DE LIMA, HERNANDEZ (D.), BIRON, GARIN, KHO (A.), CENIZA, AQUINO-MAGSAYSAY, HERNANDEZ (C.A.), PUNO, DOMINGO AND FLORES AN ACT REGULATING THE USE OF TREATMENT TECHNOLOGY FOR MUNICIPAL AND HAZARDOUS WASTES, REPEALING FOR THE PURPOSE SECTION 20 OF REPUBLIC ACT NO. 8749, ENTITLED "THE PHILIPPINE CLEAN AIR ACT OF 1999" Be it enacted by the Senate and House of Representalives of the Philippines in Congress assembled:

SECTION 1. Title. - This Act shall be known and referred to as the "Waste

2 Treatment Technology Act".

SEC. 2. Regulation of Waste Treatment Technology. - Thermal and

4 other treatment technologies for the disposal of municipal and hazardous wastes, 5 or for the processing of any waste material for fuel, whether for commercial use or 6 not, shall be designed and operated to meet the standards established pursuant to 7 this Act and its implementing rules and regulations. These technologies shall be 8 fitted with equipment that will continuously monitor, record, and make publicly 9 available the reported data on their emissions or air pollutant concentrations. 10 Proposed facilities that generate energy or waste-to-energy facilities shall be given

1 shall incorporate in their facilities and operations the appropriate material recovery 2 program. Thermal treatment units shall treat wastes at a temperature of not less 3 than eight hundred fifty degrees centigrade (850° C).

SEC. 3. Lead Agencies. - The Department of Environment and Natural

5 Resources (DENR) shall be primarily responsible for the implementation and 6 enforcement of this Act, while the Department of Energy (DOE) is primarily 7 responsible over relevant regulations pertaining to waste-to-energy facilities. Both 8 agencies shall promote the use of state-of-the-art, environmentally-sound and safe 9 technologies for the handling, treatment, thermal or non-thermal destruction, 10 utilization, and disposal of residual wastes. Pursuant to Section 15 of Republic Act No. 8749, or the "Philippine Clean 12 Air Act of 1999", the Pollution Research and Development Program shall likewise include the continuous monitoring, evaluation, and development of more appropriate air quality guideline values and standards for the treatment of municipal and hazardous wastes, of for the processing of any waste material for fuel.

SEC. 1. Role of Local Government Unite (LGUs) in Setting Up

Treatment Facilities. - The LGUs are hereby mandated to promote, encourage and implement in their respective jurisdictions a comprehensive solid waste management plan that includes waste reduction, segregation, recycling composting, and recovery. The establishment of treatment facilities shall be facilitated by LGUs within a region, province, or strategically clustered LGUs, in consonance with their respective ten-year solid waste management plans: Provided, That these are consistent with the national solid waste management framework established pursuant to Republic Act No. 9003, or the "Ecological Solid Waste Management Act of 2000".

SEC. 5. Role of the National Solid Waste Management Commission

(INSWMC). - The solid waste management plans and supplemental disposal plans of all IGUs, including those which may carry out treatment projects, shall be

submitted to the NSWMC which shall render a decision within ten (10) working days from submission thereof The NSWMC shall put in writing the reasons for either approving or denying such plans.

SEC. 6. Role of the Department of Science and Technology (DOST). -

The DOST shall undertake the necessary verification of the technology that will be used for the treatment or waste processing projects. The verification shall be completed and reported in writing within ten (10) working days from receipt of the application, or twenty (20) working days if the application is for a new technology.

SEC. 7. Role of the DOE. - The DOE, in addition to its powers and functions

under Republic Act No. 7638, or the "Department of Energy Act of 1992," shall, insofar as the establishment and operation of facilities that recover energy: (a) Accredit and classify facilities that recover energy based on the energy output, and determine the standards, criteria and requirements applicable therefor pursuant to Republic Act No. 9186, or the "Electric Power Industry Reform Act (EPIRA) of 2001", Republic Act No. 9367, or the "Biofuels Act of 2006", and Republic Act No. 9513, or the "Renewable Energy Act of 2008° °, whichever is applicable: Provided, That the energy generated from the facilities shall be regulated by the Energy Regulatory Commission in as far as the rates and pricing thereaf; (b) Include a waste-to-energy implementation strategy in the Philippines Energy Plau, which takes into consideration the National Solid Waste Management Framework; (c) Make available to the public, especially to potential investors for these facilities, local and national information on the following: (i) current and potential uses of facilities in relation to solid waste management; (ii) inventory of existing facilities; and (111) other relevant information.

SEC. 8. Responsibility of Owner and Operator. - Responsibility for

compliance with the standards promulgated for the establishment and operation

1 of waste treatment facilities shall rest with the owner and/or operator thereof. If, 2, by virtue of a contract, the operator is primarily and solely responsible for 3 compliance with the standards, the same shall not relieve the owner of the 4 requirement to exercise due diligence to ensure the operator's compliance. In the event that the ownership of the facility is transferred to another 6 person, the previous owner shall notify the new owner of the standards and the 7 conditions set for the operation of said facility, and the laws and regulations that 8 the new owner or operator has to comply with. These standards for operation of waste treatment or processing facility may be made more stringent by not more than five percent (5%): Provided, That the more stringent standarde shall be effected ten (10) gears following the commencement 12 of the operation of the facility that is established after the effectivity of this Act.

SEC. 9. Grant of Incentives - The following fiscal and non-fiscal incentives

shall be granted to registered investors and hosts of waste treatment programs: (a) Fiscal and Non-Fiscal Incentives. * Upon certification by the DOE, waste-to-energy projects, as defined in this Act, may be granted the incentives provided under Title XIII of Republic Act No. 8424, or the "National Internal Revenue Code of 1997", as amended, and any otber applicable laws: Provided, That the inclusion of waste-to-energy projects in the strategic investment priorities plan shall be reviewed and may be extended by the Board of Investments. (b) Finoncial Assistance Program - Government financial institutions such Development Bank of the as the Landbank of the Philippines, Philippines, Government Service Insurance System, and such other 2,5 government institutions providing financial service shall, in accordance with and to the extent allowed by the enabling provisions of their respective charters or applicable laws, accord high priority in the extension of financial services to individuals, enterprises, or private entities engaged in putting up treatment facilities: Provided, That these

.. institutions shall allocate five percent (5%) of their loan portfolio to waste treatinent projects. (c) Exlension of Grants and Incenlives lo LGUs - Provinces, cities, and municipalities, the treatment facilities plans of which have been duly approved by the NSWMC for adopting innovative waste treatment programs, may be entitled to receive grants for the purpose of developing their technical capacities toward actively participating in the waste treatment projects. The LGUs that host common treatment facilities shall be entitled to incentives as may be determined by the NSWMC.

SEC. 10. Permits and Licenses. - The procedure for the issuance of permits

and licenses for all kinds of waste-to energy facilities shall be governed by Republic Act No. 11234, or the "Energy Virtual One-Stop Shop Act", and Republic 13 Act No. 11032, or the "Ease of Doing Business and Efficient Government Service 14 Delivery Act of 2018".

SEC. 11. Fines and Penalties. - Violations of the provisions of this Act, or

the standards or rules and regulations promulgated for treatment facilities shall be fined or penalized under the provisions of Presidential Decree No. 1586, entitled: "Establishing an Environmental Impact Statement System, Including Other Environmental Management Related Measures and For Other Purposes"; Republic Act No. 6969, or the "Toxie Substances and Hazardous and Nuclear Waste Control Act of 1990"; Republic Act No. 8749; Republic Act No. 9003; and Republic 22 Act No. 9275, or the "Philippine Clean Water Act of 2004". For waste-to-energy facilities, the penal schemes established under the Philippine Grid Code and the 24 Philippine Distribution Code pursuant to Republic Act No. 9136, shall likewise apply.

SEC. 12. Congressional Oversight Committee. - Upon the eflectivity of

this Act, a Joint Congressional Oversight Committee shall be constituted to monitor its implementation by the concerned agencies and LGUs. The Oversight Committee shall be composed of fourteen (14) membexs, with the Chairpersons of the Committee Ecology and Committee on Energy of the House of

1 Representatives and the Chairpersons of the Committee on Environment and 2 Natural Resources and Committee on Energy of the Senate as co-chairpersons and 3 an additional four members from each House, to be designated by the Speaker 4 of the House of Representatives and the Senate President, respectively.

SEC. 13. Implementing Rules and Regulations - The DENR and

6 DOE shall promulgate the rules and regulations for the effective implementation of 7 this Act, within three (3) months after its approval.

SEC. 14. Report to Congress. - The DENR and the DOE shall submit to the

9 President of the Philippines and to Congress an annual report not later than 10 March 30 of every year following the approval of thie Act, which shall include an evaluation of the implementation of this Act, and the appropriate recommendations thereox, and for any improvements or modificatione to the policies enunciated herein.

SEC. 16. Separability Clause. - If any part or section of this Act is

declared unconstitutional, such declaration shall not aflect the other parts or sections of this Act.

SEC. 16. Repealing Clause. - Section 20 of Republic Act No. 8749 is hereby

repealed. The pertinent provision of Republic Act No. 9003, as amended, and other laws, presidential decrees, executive orders, rules and regulations inconsistent with any provisions of this Act shall be deemed repealed or modified accordingly.

SEC. 17. Effectivity, - This Act shall take effect fifteen (15) days after its

publication in the Official Gazelle or in a newspaper of general circulation. Approved,