Hazardous Waste Disposal in the Philippines: Rules Under RA 6969

Hazardous waste disposal in the Philippines is governed by Republic Act No. 6969, the Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990, and its DENR Implementing Rules and Regulations. Under the rules, the waste generator — the person who produces hazardous waste through commercial, industrial or trade activities — is responsible for its proper management and disposal and must bear the costs of storage, treatment and disposal. Hazardous waste must be handled so it does not cause pollution, endanger public health and safety, harm wildlife or plants, or limit the beneficial use of any part of the environment.

What counts as hazardous waste

The DENR rules define hazardous wastes in two ways. First, they are substances that have no safe commercial, industrial, agricultural or economic use and are shipped, transported or brought from a country of origin for dumping or disposal into, or in transit through, any part of Philippine territory.

Second, and more relevant to local businesses, hazardous wastes also refer to by-products, side-product process residues, spent reaction media, contaminated plant or equipment, or other substances from manufacturing operations, as well as consumer discards of manufactured products, which present unreasonable risk or injury to health, safety and the environment.

The rules classify prescribed hazardous wastes by class and sub-category, each with a waste number. Plating wastes, for example, include discarded plating solutions and salts with a cyanide concentration of less than 200 ppm (A101), plating solutions and salts containing cyanides exceeding 200 ppm (A103), and complexed cyanide solutions and salts (A105). Acid wastes include sulfuric acid (B201), hydrochloric acid (B202), nitric acid (B203) and hydrofluoric acid (B205). Alkali wastes include caustic soda (C301), potash (C302) and alkaline cleaners (C303). These listings are not inclusive and are subject to periodic review.

The order of preference for managing hazardous waste

The Department of Environment and Natural Resources encourages proper management of hazardous wastes generated within the country by promoting, in order of preference:

1. Minimization of the generation of hazardous waste;
2. Recycling and reuse of hazardous waste;
3. Treatment of hazardous waste to render it harmless; and
4. Landfill or inert hazardous waste residues.

This hierarchy matters for compliance planning. A generator that can show waste minimization or recycling is aligned with the policy sequence; disposal is the last option, not the first.

Who may store, transport, treat or dispose of hazardous waste

The rules use licensing to control the chain of custody. An occupier is one who must have a license to accept, produce, generate, store, treat, recycle, reprocess, process, manufacture or dispose of hazardous waste. A waste transporter is a person licensed to transport hazardous wastes, while a waste treater is a person licensed to treat, store, recycle or dispose of hazardous wastes.

A permit is the legal authorization to engage in hazardous waste activities covering storage, treatment, transport, export, processing, reprocessing, recycling and disposal. In practice, a generator should engage only duly licensed transporters and treaters, because the generator remains responsible for proper management and disposal and bears the corresponding costs.

Importation and transit of hazardous waste are prohibited

It is the policy of the Department to prohibit the entry, even in transit, of hazardous wastes and their disposal into Philippine territorial limits for whatever purpose. This prohibition is echoed in the law's declaration of policy, which prohibits the entry, even in transit, of hazardous and nuclear wastes and their disposal into Philippine territorial limits for whatever purpose. The DENR is tasked with monitoring and preventing such entry and disposal.

Enforcement: inspections, confiscation and fines

The DENR administers and enforces these rules through the Secretary or a duly authorized representative, including deputized Environmental Protection Officers. An Environmental Protection Officer may examine or inquire into compliance, enter premises where hazardous waste is reasonably believed to be used, stored, processed, generated, treated, transported or disposed of, require production of documents, and take photographs or recordings. The officer may also stop, detain, inspect and remove any vehicle or boat believed to be used to transport chemical substances or hazardous wastes without the necessary permit.

Upon a report from an authorized inspector or a verified complaint, the Secretary or a duly authorized representative orders an investigation. If a violation appears, a summons is issued requiring the respondent to appear at a conference to determine whether an order for confiscation, impoundment or fine should be issued. Where there is prima facie evidence that the violation presents unreasonable risk or injury to health or the environment, an ex-parte order of confiscation or impoundment may be issued; the respondent may file a Motion for Reconsideration within ten (10) days from the date of confiscation or impoundment, which must be resolved within fifteen (15) days from receipt.

Frequently asked questions

Who is responsible for hazardous waste disposal in the Philippines? The waste generator. Under the DENR rules, the waste generator is responsible for the proper management and disposal of hazardous waste and bears the costs for its proper storage, treatment and disposal.

Can hazardous waste be imported into the Philippines? No. The rules prohibit the entry, even in transit, of hazardous wastes and their disposal into Philippine territorial limits for whatever purpose.

What happens if a company violates the hazardous waste rules? The DENR may investigate upon an inspector's report or a verified complaint, issue a summons, and impose confiscation, impoundment or administrative fines. An ex-parte order of confiscation or impoundment may issue where there is prima facie evidence of unreasonable risk or injury to health or the environment.

Practical takeaways

• Identify whether your by-products, process residues, spent reaction media and contaminated equipment fall under the prescribed hazardous waste classes and waste numbers.
• Follow the order of preference: minimize generation first, then recycle or reuse, then treat, and use landfill only for inert residues.
• Engage only licensed waste transporters and treaters, and keep records showing proper storage, treatment and disposal.
• Remember that the generator, not the contractor, remains responsible for proper management and disposal and for the costs involved.
• Expect inspections: Environmental Protection Officers may enter premises, require documents, and stop and inspect vehicles or boats transporting waste without a permit.

Primary sources

The rules discussed above are drawn from the following primary sources, as published in the Official Gazette and the national statute book.

• DENR ADMINISTRATIVE ORDER NO. 96-40, S. 1996, December 20, 1996

• DENR RULES AND REGULATIONS OF REPUBLIC ACT 6969, July 06, 1992 (REPUBLIC ACT No. 6969)

• REPUBLIC ACT NO. 9275 - AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR OTHER PURPOSES

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.