AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTES

Case Overview and Summary

Summary of Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990)

Declaration of Policy (Section 2):
• Regulate, restrict or prohibit importation, manufacture, processing, sale, distribution, use and disposal of chemical substances and mixtures that present unreasonable risk to health or environment.
• Prohibit the entry, even in transit, and disposal of hazardous and nuclear wastes into the Philippine territory.
• Provide advancement and facilitate research on toxic chemicals.

Scope and Objectives (Sections 3 and 4):
• Covers importation, manufacture, processing, handling, storage, transportation, sale, distribution, use and disposal of unregulated chemical substances and mixtures in the Philippines.
• Covers the entry, transit, keeping, storage and disposal of hazardous and nuclear wastes.
• Keep an inventory of chemicals being imported, manufactured or used, including their uses, test data, manufacturers, etc. (Section 4a)
• Monitor and regulate importation, manufacture, processing, handling, storage, transportation, sale, distribution, use and disposal of chemical substances and mixtures that present unreasonable risk. (Section 4b)
• Inform and educate the public about hazards and risks of toxic chemicals. (Section 4c)
• Prevent the entry, transit, keeping, storage and disposal of hazardous and nuclear wastes. (Section 4d)

Definitions (Section 5):
• Chemical substance, chemical mixture, process, importation, manufacture, unreasonable risk, hazardous substances, hazardous wastes, and nuclear wastes are defined.

Functions, Powers and Responsibilities of DENR (Section 6):
• Keep an updated inventory of chemicals being manufactured or used. (Section 6a)
• Require testing of new chemical substances and mixtures before manufacture or importation. (Section 6b)
• Require testing of existing chemical substances and mixtures if they pose unreasonable risk. (Section 6c)
• Evaluate toxicity and effects of tested chemicals on health and environment. (Section 6d)
• Enter into contracts and make grants for research, development, and monitoring of chemicals. (Section 6e)
• Conduct inspections of establishments handling chemicals and make recommendations. (Section 6f)
• Confiscate or impound non-compliant chemicals. (Section 6g)
• Monitor and prevent the entry and disposal of hazardous and nuclear wastes. (Section 6h)
• Subpoena witnesses, documents and information as necessary. (Section 6i)
• Call for assistance from other government agencies. (Section 6j)
• Disseminate information and conduct educational campaigns. (Section 6k)
• Exercise other necessary powers and functions. (Section 6l)

Inter-Agency Technical Advisory Council (Section 7):
• Composed of representatives from various government agencies and a non-governmental organization.
• Functions include assisting DENR in formulating rules and regulations, preparing and updating the chemical inventory, conducting preliminary evaluation of chemical characteristics, and performing other required functions.

Pre-Manufacture and Pre-Importation Requirements (Section 8):
• Manufacturers, processors or importers of new chemical substances or mixtures must submit information such as name, chemical identity, proposed uses, estimated amount, processing and disposal, and test data related to health and environmental effects.

Chemicals Subject to Testing (Section 9):
• Testing is required if there is reason to believe the chemical may present unreasonable risk, there is insufficient data on health and environmental effects, and testing is necessary to develop such data.
• Manufacturers, processors or importers shall shoulder the costs of testing.

Action by DENR Secretary (Section 10):
• The DENR Secretary shall decide within 90 days (extendable for justifiable reasons) whether to regulate or prohibit the importation, manufacture, processing, sale, distribution, use or disposal of a chemical substance or mixture.

Exemptions from Pre-Manufacture Notification (Section 11):
• Chemicals already listed in the inventory of existing chemicals.
• Chemicals produced in small quantities solely for experimental or research and development purposes.
• Chemicals that will not present an unreasonable risk to health and environment.
• Chemicals that exist temporarily with no human or environmental exposure.

Public Access to Records (Section 12):
• The public shall have access to records, reports or information concerning chemical substances and mixtures, except for confidential information that may divulge trade secrets or affect competitive position.
• DENR may release confidential information to medical or scientific institutions for diagnosis or treatment purposes.

Prohibited Acts (Section 13):
• Knowingly using non-compliant chemical substances or mixtures. (Section 13a)
• Failure or refusal to submit reports, notices, information, access to records, or permit inspections. (Section 13b)
• Failure or refusal to comply with pre-manufacture and pre-importation requirements. (Section 13c)
• Causing, aiding or facilitating the storage, importation, transit, keeping or disposal of hazardous and nuclear wastes in the Philippines. (Section 13d)

Criminal Offenses and Penalties (Section 14):
• Violations of Sections 13(a) to (c): Imprisonment of 6 months and 1 day to 6 years and 1 day, and fine of P600 to P4,000. Foreigners shall be deported after serving sentence. Corporate officers shall be liable as co-principals. Government officials shall be dismissed and disqualified from office. (Section 14a)
• Violation of Section 13(d): Imprisonment of 12 years and 1 day to 20 years. Foreigners shall be deported after serving sentence. Corporations shall pay exemplary damages of at least P500,000. Foreign firms shall have their business license canceled and directors barred from entry. Government officials shall be dismissed and disqualified from office. (Section 14b)
• Confiscation and forfeiture of proceeds, instruments, tools, vehicles, vessels and aircraft used in the offense. (Section 14c)
• Obligation to transport prohibited wastes back to the country of origin. Forfeiture of transportation means used. (Section 14d)

Administrative Fines (Section 15):
• DENR Secretary is authorized to impose a fine of not less than P10,000 but not more than P50,000 for violations of the Act and its implementing rules and regulations.
• Fines collected shall accrue to a special fund for projects and research activities on toxic substances and mixtures.

Promulgation of Rules and Regulations (Section 16):
• DENR, in coordination with the Inter-Agency Technical Advisory Council, shall prepare and publish the implementing rules and regulations within 6 months from the effectivity of the Act.

Appropriations (Section 17):
• Such amount as may be necessary to implement the provisions of the Act is annually appropriated and included in the budget of DENR.

Separability Clause (Section 18):
• If any provision is declared void or unconstitutional, the remaining provisions shall remain in full force and effect.

Repealing Clause (Section 19):
• All laws, presidential decrees, executive orders, issuances, rules and regulations inconsistent with the Act are repealed or modified accordingly.

Effectivity (Section 20):
• The Act shall take effect 15 days after its publication in the Official Gazette or a newspaper of general circulation.