Total Ban of Waste Importation Act

Senate Office of the Secretary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES FEB 11 P1:44 First Regular Session SENAT 83*7 RECEIVED BY: S.B. No. Introduced by SENATOR IMEE R. MARCOS AN ACT IMPOSING A TOTAL BAN ON THE IMPORTATION OF WASTE AND ITS BY-PRODUCTS OR RESIDUES, AND PROVIDING PENALTIES THEREFOR EXPLANATORY NOTE Article II, Section 16 of the 1987 Constitution mandates "the State to protect and protect public health and promote the general welfare. These constitutional principles demand firm and decisive action against practices that threaten the country's environmental integrity and the well-being of its people. In recent years, the Philippines has repeatedly been identified as a recipient of foreign waste shipments, often declared as recyclable materials, scrap products, or industrial inputs. While certain categories of imports are permitted under existing environmental and customs regulations, regulatory loopholes and misdeclarations have allowed hazardous and residual waste to enter the country. Several incidents have revealed shipments containing mixed municipal waste, contaminated plastics, electronic waste, and other toxic materials that pose serious environmental and health risks. The continued entry of such waste places undue burden on local governments, strains already limited waste management systems, and exposes Filipino communities to pollution, contamination of soil and water resources, and other long-term ecological harm. Moreover, the practice undermines the country's sovereignty by allowing it to serve as a disposal site for waste generated abroad. Although laws such as RA No. 6969 and RA No. 9003 regulate hazardous and solid waste management, the persistence of foreign waste shipments demonstrates the need for clearer, more definitive legislative policy. This measure seeks to eliminate ambiguity by imposing a total ban on the importation of all waste and its by-products or

residues, regardless of intended use or classification. By establishing a categorical prohibition, the bill strengthens enforcement, closes regulatory gaps, and removes opportunities for misdeclaration and circumvention. This proposed measure affirms that the Philippines will not tolerate practices that compromise environmental safety, public health, and national dignity. It reinforces the State's commitment to sustainable development and ensures that responsibility for waste management remains with the countries that generate such waste. In view of the foregoing, the immediate passage of this bill is earnestly sought. Imee h. Marta EMEE R. MARCOS

Senate Office of the secretary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES FEB 11 P1:44 First Regular Session SENATE RECEIVED BY: S.B. No. 1837 Introduced by SENATOR IMEE R. MARCOS AN ACT IMPOSING A TOTAL BAN ON THE IMPORTATION OF WASTE AND ITS BY-PRODUCTS OR RESIDUES, AND PROVIDING PENALTIES THEREFOR 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, " Total Ban of Waste

Importation Act."

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to

impose a total ban on the importation of waste and its by-products or residues for the protection of the environment, preservation of the peoples' right to a balanced and healthful ecology, and the promotion of health and general welfare of the people.

SEC. 3. Total Ban on the Importation of Waste and its By-Products or Residues.

10 - The importation of all kinds of waste, as defined in Sec. 4 (b) of this Act, is hereby declared unlawful. Importer registration and importation clearances issued by government agencies under existing laws and regulations shall be cancelled and no new applications shall be accepted.

SEC. 4. Definition of Terms. - The following are defined in the Act, as:

a. Importation. - Refers to the act of bringing in of waste, as defined in Sec. 4. (a) of this Act, from a foreign territory into Philippine territory and includes the entry, in transit, as well as the keeping or storage, and disposal of waste into the country, for whatever purpose. b. Recycling Factory. - Refers to buildings and/or premises wherein or within an area of which, steam, water, or any mechanical power is used to move or work any machinery in preparing and converting waste into new products in such a manner that the original product may lose their identity, and which may be used as raw materials for the production of other goods or services. c. Waste. - Refers to the following: i. Scrap metals; ii. Metal tailings and other corrosive or toxic residue; ill. Plastic materials; iv. Electronic assemblies and scrap, including used or second-hand electrical and electronic equipment, and electronic components containing hazardous substances; V. Solid plastic waste materials, including homogenous and sorted plastic materials; vi. Infectious wastes; vii. Used oil, including waste oil or oil residues; viii. Nuclear and radioactive wastes; IX. Fly ash from coal-fired power plants; X. Incinerator ash or slag; XI. Municipal wastes/processed engineered fuel (PEF); XII. Refuse derived fuel (RDF); xill. Solid recovered fuel (SRF); XIV. Neutralized phosphogypsum; XV. Other hazardous, toxic and hazardous wastes as defined under Republic Act No. 6969 otherwise known as Toxic Substances and Hazardous and Nuclear Waste Control Act; xVi. Other solid waste, as defined under FRA 9003 or Ecological Solid Waste Management Act; and xvii. Other similar waste, as may be defined by the Department of Environment (DENR).

The DENR shall release a list of banned materials within thirty (30) days from the effectivity of this Act, which may be updated periodically. Provided that, the failure of the Secretary of DENR to promulgate the said list shall not prevent the implementation of this Act.

SEC. 5. Fines and Penalties. - Any person, natural or juridical, including

recycling factories, who imports, brings into the Philippines, or misdeclares any waste covered by this Act, or assists in so doing, or shall receive, conceal, buy, 9 sell, or in any manner facilitate the transportation, concealment, or sale of such after importation, or violates any other provision of this Act or the rules and regulations issued pursuant thereto, shall be penalized by imprisonment of not less than eight (8) years and one (1) day but not more than twelve (12) years, or a fine of not less than one million five hundred thousand pesos (P 1,500,000.00) but not more than fifteen million pesos (P15,000,000.00), or both. If the offender is a foreigner, the offender shall be immediately deported after serving the sentence. The maximum penalty shall be imposed if the offender is a public official or employee. Further, the offender shall be dismissed from service and disqualified from public office and from exercising the right to vote and to. participate in any public election for ten (10) years. The relevant penal provisions of environmental and customs law, including but not limited to Republic Act No. 6969 or the "Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990", Republic Act No. 10863 or the "Customs Modernization and Tariff Act", and Republic Act No. 8749 or the "Philippine Clean Air Act of 1999", shall also apply as penalties to violations of this Act.

SEC. 6. Additional Liabilities. - The imported waste shall be shipped back

to the port of origin, at the expense of the parties liable for such importation, within thirty (30) calendar days. In addition, the penalty shall include confiscation and forfeiture, in favor of the government, of factory, including improvements thereon, equipment, as well as, proceeds from the commission of the offense. The shipper of the imported illegal waste cargo shall be permanently banned from shipping or causing the transport of any cargo into the Philippines.

SEC. 7. Strict Enforcement and Implementation. - The DENR, together

with the Bureau of Customs (BOC), shall ensure the enforcement and implementation of the provisions of this Act and a strict monitoring system of all importation shall be conducted to ensure that no waste is brought in the Philippine territory under misdeclarations or otherwise, in violation of this Act and R.A. No. 10648, otherwise known as the "Customs Modernization and Tariff Act".

SEC. 8. Appropriations. - The amount necessary to carry out the

10 provisions of this Act shall be included in the annual General Appropriations Act (GAA).

SEC. 9. Implementing Rules and Regulations. - Within sixty (60) days from

the effectivity of this Act, the DENR, Department of Foreign Affairs (DFA), BOC, and Bureau of Immigration (BI) shall formulate and promulgate the necessary implementing rules and regulations of this Act.

SEC. 10. Repealing Clause. - All laws, decrees, orders, rules and

regulations or other issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 11. Separability Clause. - If any portion or provision of this Act is

declared unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in force and effect.

SEC. 12. Effectivity. - This Act shall take effect after fifteen (15) days

following the completion of its publication either in the Official Gazette or in a newspaper of general circulation in the Philippines. Approved,