Академический Документы
Профессиональный Документы
Культура Документы
This guidance document was produced by the POPs Project Management Office of the
Environmental Management Bureau exclusively for EMB Regional Offices under the Philippine
Enabling Activity Project on Persistent Organic Pollutants.
The information on this Guidance Document may be used only for the purpose for which it was
provided by the POPs Project Management Office. This document contains information intended
only for the implementation of Chemical Control Order for Polychlorinated Biphenyls (PCBs).
IMGM/JRV 20
05
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-1- 1
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-2- 2
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
8. Hospitals
9. Schools / Universities
10. Mass transportation system (e.g.
MRT,LRT)
11. Marine tankers / vessels (Private
and Government- owned)
-3- 3
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-4- 4
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-5- 5
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-6- 6
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-7- 7
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
PCB PCB
Oil Density of Density of average
Concentration concentration
concentration Mineral Oil PCB density
(mg/kg - ppm ) ppm
150,000 15.00% 85.00% 0.9 1.45 0.9825
152,000 15.20% 84.80% 0.9 1.45 0.9836
154,000 15.40% 84.60% 0.9 1.45 0.9847
156,000 15.60% 84.40% 0.9 1.45 0.9858
158,000 15.80% 84.20% 0.9 1.45 0.9869
160,000 16.00% 84.00% 0.9 1.45 0.988
162,000 16.20% 83.80% 0.9 1.45 0.9891
164,000 16.40% 83.60% 0.9 1.45 0.9902
166,000 16.60% 83.40% 0.9 1.45 0.9913
168,000 16.80% 83.20% 0.9 1.45 0.9924
170,000 17.00% 83.00% 0.9 1.45 0.9935
172,000 17.20% 82.80% 0.9 1.45 0.9946
174,000 17.40% 82.60% 0.9 1.45 0.9957
176,000 17.60% 82.40% 0.9 1.45 0.9968
178,000 17.80% 82.20% 0.9 1.45 0.9979
180,000 18.00% 82.00% 0.9 1.45 0.9999
182,000 18.20% 81.80% 0.9 1.45 1.0001
184,000 18.40% 81.60% 0.9 1.45 1.0012
186,000 18.60% 81.40% 0.9 1.45 1.0023
188,000 18.80% 81.20% 0.9 1.45 1.0034
190,000 19.00% 81.00% 0.9 1.45 1.0045
192,000 19.20% 80.80% 0.9 1.45 1.0056
194,000 19.40% 80.60% 0.9 1.45 1.0067
196,000 19.60% 80.40% 0.9 1.45 1.0078
198,000 19.80% 80.20% 0.9 1.45 1.0089
-8- 8
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Applicant EMB
no Properly filled-up
reg. form /
Notarized?
yes
Acceptance of payment of
CMS to issue Order of Payment fee at EMB Cashier
1 working day
7 working days
no for yes
Environmental Quality Division
approval?
Chief
2 working days
5 working days
-9- 9
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-10- 10
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-11- 11
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Does the
Sworn statement is
Manufacturers required
Certificate Re-
No available?
No start
No
Does the
Yes Retro- Yes laboratory
filled? analysis
available? Yes
-12- 12
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-13- 13
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Section XIII. Procedure for the by the user as long as its contents
Evaluation of Inventory conform to the required information
Reports of the Chemical Control Order.
3. EMB reserve the right to require the 4. Selected information from the PCB
registrant to submit an electronic Management Plan shall be encoded
copy of the inventory report. A in a data base to establish statistical
suggested Annual Inventory format data.
is attached on this guidance
document. 5. PCB Management Plan of firms with
more than one facility shall be a
4. Non-submission of Inventory Report consolidation of management plans
of any registrant within the of all the facilities, to be submitted to
prescribed period shall cause the EMB as a single document
issuance of notice of violation by supported by a letter of transmittal.
regional office.
-14- 14
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-15- 15
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
5.3 Copy of insurance coverage for 10. The validity of importation clearance
the shipment. shall not exceed one (1) year from
the date of issuance.
6. Importation clearance shall be
applied at the Environmental
Management Bureau (Central Office) Section XVI. Protocol on validation
at least thirty (30) working days prior inspection of PCB
to the date of arrival. Registrants
7. The prescribed fee for the Facility entry The EMB Inspection
importation clearance shall be seven
Team shall coordinate with the
(7) hundred pesos (PhP 700.00) to
officer-In-charge of the facility (e.g.
cover the cost of processing and
Plant Manager) and to the Pollution
other expenses incurred by the
Control Officer (PCO) / Environment
Environmental Management Bureau.
Officer.
8. Importation clearance shall be Pre-inspection meeting The
issued on a per shipment basis. It objective and expected output of the
contains special conditions (e.g. validation inspection shall be
submission of photocopy of bill of discussed clearly to the officer-In-
lading) which must be complied by charge and to the PCO of the facility.
the importer to prevent revocation / The inspection team shall request for
cancellation of importation clearance a short briefing on the applicable
or institution of applicable safety policies of the facility to
administrative and criminal sanctions guarantee safety during the conduct
as provided for under Republic Act of actual site inspection. Prior to the
6969 and other applicable laws and conduct of actual site inspection, the
regulations. necessary personal protective
equipment (PPE) should be secured
and used properly.
-16- 16
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-17- 17
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-18- 18
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-19- 19
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Rule 35 of the IRR, Fines and o risks appearing at the end of the
Penalties Pursuant to working life of the equipment,
Section 46 of the Act, the when it has to be reclassified.
following are the fines and
penalties: The fines and Maintenance in this context means,
penalties that shall be imposed
by the ERC for any violation of o Firstly, the regular on-going
or non-compliance with the Act examinations and tests that could
or these Rules shall range from lead to the detection of an
a minimum of Fifty Thousand insufficiency in any aspect of the
pesos (PhP 50,000.00) to a transformer performance.
maximum of Fifty Million pesos
(PhP 50,000,000.00). o Secondly, maintenance is the
taking of appropriate steps to
remedy the defects identified.
-20- 20
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-21- 21
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-22- 22
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-23- 23
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
RETROFILLING OF TRANSFORMERS
Retrofilling of a transformer
means emptying the equipment of its
dielectric fluid, and replacing this with a
new non-PCB oil.
-24- 24
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-25- 25
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-26- 26
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-27- 27
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-28- 28
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
The work benches of the dirty o a dirty side, where PPE may be
area need to be covered with a smooth put on; and,
impervious material and be fitted with lip
edges to retain any spill. The floor of the o an exit to the work area.
dirty area need to be constructed of, or
covered by, a smooth impervious There may need to be an area
material, and have a low retaining wall set aside for mid-shift and other breaks.
(bund) to contain spillage. This area would have restricted access.
-29- 29
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
welding process should be avoided if it there is 10 per cent retention in the core
is reasonably practicable to do so. The and coils, and that the PCB contamination
heat from the flame will not only reaches equilibrium with the new oil
vaporize PCBs on the surface of the after a period of 90 days on load cycles.
piece being cut, but will spread to
adjacent parts and increase the Thus, if the original oil was found
volatilization of nearby PCBs. to be contaminated to a level of 500
ppm, a retrofill of new oil will stabilize at
Capacitors need to be punctured 50 ppm of PCB after 90 days.
and drained (if they contain liquids) in a
way that minimizes the production of
aerosols or vapor. If this is an PRECAUTIONS NEEDED FOR
automated process, testing will confirm FLUSHING EQUIPMENT TO
that any aerosol or vapor is confined to REMOVE PCBs
areas around the process where there
are unlikely to be any personnel. If this If the transformers have been
process is performed manually then washed through with solvent, possible
local exhaust ventilation may be exposure to these solvents must be
required. considered and appropriate measures
taken. Reduction of exposure may be
Mechanical cutting of equipment accomplished by increased ventilation at
is the preferred option, but it should be the work station or by a system of work
remembered that it can generate which reduces the need for operator
localized heat or cause aerosol presence when the flushing takes place.
formation. These effects are most The use of PPE should be regarded as
pronounced when cutting speeds are the method of last resort, to protect
high. It is therefore recommended that against residual risk only.
when mechanical cutting is used, cutting
speeds are reduced to as low as
possible consistent with effective use. HANDLING PCB-CONTAINING
CAPACITORS
-30- 30
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
spills or spills in confined spaces may o a full face mask with Type "CC'
require respiratory protection, as well as replacement canister can be
skin protection measures. used for low lever exposure.
-31- 31
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-32- 32
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-33- 33
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
difficult process, having to be carried out Loading areas should have adequate
in two steps: sampling, followed by spill response materials, spill prevention
analysis in an appropriately equipped measures should be taken, and spill
laboratory. control and clean-up materials should
be available, should they be needed.
Any subsequent movement of the
LEAKS AND SPILLS EMERGENCIES contaminated wastes shall be made in
strict accordance with the provisions of
In the unlikely event of an the Basel Convention on hazardous
accident, spill or leakage during waste movements.
shipment, certain emergency response
measures must be taken immediately.
Steps must be taken first of all to avoid LEAKS FROM TRANSFORMERS
unauthorized persons from approaching
the area. In the event of a PCB liquid spill
from a transformer or capacitor, the
If liquid PCBs are leaking from a following steps are to be taken.
vehicle or from damaged or spilled
containers, the drivers and/or safety 1. A crew should respond
personnel should attempt to control the immediately upon notification that
spread of liquids. Spilled material should a PCB spill has occurred.
be prevented from entering sewers,
streams or other bodies of water if at all 2. All clean-up personnel handling
possible. As soon as it is practical to do PCBs and/or engaged in the
so, the driver's supervisor or responsible actual clean-up are to wear
official at the utility should be notified. personal protective clothing and
The vehicle should not be left equipment to prevent PCB
unattended until the spill is cleaned up. contamination of clothing on skin.
-34- 34
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-35- 35
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
13. The vehicle carrying the drums to protect it from the possibility of fire
must also be labeled in from the outside;
accordance with transportation
procedures. Inform fire and emergency services
of the presence of PCB-containing
14. The containers are to be taken equipment, so that their emergency
directly to a licensed PCB storage procedures can be adapted
area for subsequent shipment to accordingly;
a disposal point.
Check (or have checked by an
15. At large spills in densely approved organization) that the
populated areas, the spill area will PCB-containing appliances are not
be continuously manned until the operating on electrical overload;
spilled PCB oil and all clean-up
materials have been removed Check that the electrical equipment
from the site, secured in drums, has protection ensuring it switches
or otherwise neutralized. off automatically in the event of any
internal malfunction, and issue
16. If contact occurs between the instructions banning the manual
skin and PCBs, a waterless hand restarting of the equipment before
cleaner should be used on the oil, the cause of the original malfunction
the cleaner being disposed of in can be determined;
an appropriate container. If eye
contact occurs, the eye should be Ensure that the gas is kept properly
thoroughly washed with water sealed. The sites where PCBs are
and specialize advice sought. handled and where PCB-containing
appliances are kept must be
17. Spills into water require special partitioned off from sites where other
consideration. activities are carried out. It is
particularly advisable to take steps to
ensure that any smoke and vapor
Measures to be taken to avert hot resulting from an accident should be
accidents prevented from reaching neighboring
sites or offices (by way of technical
To avoid the possibility of thermal shafts, ventilation pipes, waste
decomposition of the dielectric, which disposal pipes, etc.).
can occur when toxic vapors reach
300, the following steps must be taken:
-36- 36
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-37- 37
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
This fact sheet answers the most PCBs have been used as
frequently asked health questions about coolants and lubricants in transformers,
polychlorinated biphenyls (PCBs). capacitors, and other electrical equipment
because they do not burn easily and are
This fact sheet is one in a series good insulators. The manufacture of
of summaries about hazardous PCBs was stopped in the U.S. in 1977
substances and their health effects. This because of evidence that they build up
information is important because this in the environment and can cause
substance may harm you. The effects of harmful health effects. Products made
exposure to any hazardous substance before 1977 that may contain PCBs
depend on the dose, the duration, how include old fluorescent lighting fixtures
you are exposed, personal traits and and electrical devices containing PCB
habits, and whether other chemicals are capacitors, and old microscope and
present. hydraulic oils.
-38- 38
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-39- 39
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
exposures. Babies born to women who putting dirty hands, toys or other
ate PCB-contaminated fish also showed objects in their mouths, and should
abnormal responses in tests of infant wash hands frequently.
behavior. Some of these behaviors,
such as problems with motor skills and a - If a person is exposed to PCBs in
decrease in short-term memory, lasted the workplace, it is possible to carry
for several years. Other studies suggest them home on his/her clothes,
that the immune system was affected in body, or tools. If this is the case,
children born to and nursed by mothers that person should take a shower
exposed to increased levels of PCBs. and change clothing before leaving
There are no reports of structural birth work, and his/her work clothes
defects caused by exposure to PCBs or should be kept separate from other
of health effects of PCBs in older clothes and laundered separately.
children. The most likely way infants will
be exposed to PCBs is from breast milk. Is there a medical test to show whether
Transplacental transfers of PCBs were a person have been exposed to
also reported. In most cases, the benefits polychlorinated biphenyls (PCBs)?
of breast-feeding outweigh any risk from
exposure to PCBs in mother's milk. Tests exist to measure levels of
PCBs in a persons blood, body fat, and
How can families reduce the risk of breast milk, but these are not routinely
exposure to polychlorinated biphenyls conducted. Most people normally have
(PCBs)? low levels of PCBs in their body
because nearly everyone has been
- Adults and their children may be environmentally exposed to PCBs. The
exposed to PCBs by eating fish or tests can show if your PCB levels are
wildlife caught from contaminated elevated, which would indicate past
locations. Certain states have exposure to above-normal levels of
issued advisories to warn people PCBs, but cannot determine when or
about PCB-contaminated fish and how long you were exposed or whether
fish-eating wildlife. An adult can you will develop health effects.
reduce his/her family's exposure to
PCBs by obeying these advisories. The EPA has set a limit of 0.0005
milligrams of PCBs per liter of drinking
- Children should be told not to play water (0.0005 mg/L). Discharges, spills
with old appliances, electrical or accidental releases of 1 pound or
equipment, or transformers, since more of PCBs into the environment
they may contain PCBs. must be reported to the EPA. The Food
and Drug Administration (FDA) requires
- Children should be discouraged from that infant foods, eggs, milk and other
playing in the dirt near hazardous dairy products, fish and shellfish, poultry
waste sites and in areas where and red meat contain no more than 0.2-3
there was a transformer fire. parts of PCBs per million parts (0.2-3 ppm)
Children should also be of food. Many states have established
discouraged from eating dirt and fish and wildlife consumption advisories
-40- 40
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
e.g. capacitors,
EQUIPMENT electrical
transformers
Y Name N
Plated
PCB Y Known to
Useful Guide on classifying PCB
Based equipment: use PCB
Y Gas Y
Positive
e.g. Certificate of PCB Chromatography
Analysis (2 ppm PCB), PCB Free
Manufacturers Note: indicate N
Certificate PCB-Free: material
exact value of
0 or 2 ppm PCB concentration in
Concentration) Non-PCB
the inventory
Equipment
<50ppm PCB
PCB conc. Concentration
>500 ppm
Note: indicate <50
ppm concentration
N Y in the inventory
-41- 41
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-42- 42
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Annex-A
DATE :
A. Background Information
-43- 43
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Prepared by:
_____________________
Approved:
_____________________
Regional Director
-44- 44
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Annex-B
VALIDATION INSPECTION FORM
Compliance Monitoring based on the requirements of DENR Administrative Order No. 01,
Series of 2004 (DAO 2004-01)
I. GENERAL INFORMATION
1. Date of Inspection: 3. Firm:
_____________________________ _______________________________________________
2. Time: 4. Address:
5. Name of Managing Head:
6. Name of PCO: 7. Contact Number(s):
________________________________________
6.1 PCO Accreditation No.: ________________ 7.1 Tel. No. : ______________
6.2 Issuing EMB Regional Office: ____________ 7.2 Mobile No.: ______________
Remarks: 7.3 Fax No. : ______________
_____________________________________ 7.4 E-mail Address: ___________
Note: DAO 26-92 (Annex-A) requires an Accredited Remarks: ____________________
Pollution Control Officer for Electricity Generation and
Distribution firms
8. ECC No.: _________ 9. Conditions stated in ECC related to RA 6969 and DAO 2004-01:
Remarks: _________ 9.1
______________________________________________________
__________________ 9.2
______________________________________________________
__________________ 9.3
______________________________________________________
__________________ (Use separate sheet if necessary)
10. List of Environmental Permits secured by the firm: 11. Nature of Business:
______________________
_______________________________________________ 11.1 SEC/ Business Permit No.:
_____________________
_______________________________________________ Electric Cooperative? Yes __ No __
If Yes, Registration No.: ________
_______________________________________________
_______________________________________________
-45- 45
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
_________________________________________________________________________________
(Use separate sheet if necessary)
II. FOR COVERED FIRMS / ENTITIES, CCO REQUIREMENTS AND PROCEDURES:
15. Firms Compliance to Section IV of DAO 2004-01:
____ 2. Copy of Annual Report (Annex C) [For submission 6 months after the registration.
Subsequent Annual Reports shall be submitted at the end of December of every calendar year.]
-46- 46
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
4.1 Volume
4.2 Concentration of PCB
4.3 Weight and volume of PCB packaging
4.4 Detailed identification
4.4.1 Model
4.4.2 Type of equipment
4.4.3 Serial number
4.4.4 Name of manufacturer
4.4.5 Date of Manufacture
4.4.6 Electrical/Industrial rating
4.4.7 Projected retirement period
4.4.8 Capacity
4.4.9 Dimensions
4.5 Historical movement
4.6 Activities conducted (e.g. retro-filling, repair, etc.)
4.7 Quantity of PCB wastes generated per unit time
4.8 Total Quantity of PCB wastes at the time of the inventory
4.9 Dates of inventory
4.10 Testing label codes and types of materials and methods used
4.11 Certificate of Analysis attached to the Inventory Report
5.1 Volume
5.2 Concentration of PCB
5.3 Weight and volume of PCB packaging
5.4 Detailed identification
5.4.1 Model
5.4.2 Type of equipment
5.4.3 Serial number
5.4.4 Name of manufacturer
5.4.5 Date of Manufacture
5.4.6 Electrical/Industrial rating
5.4.7 Projected retirement period
5.4.8 Capacity
5.4.9 Dimensions
4.5 Historical movement
-47- 47
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Compliance with the requirements for transport, storage and disposal specified under Title III of the IRR
for transportation, storage and disposal of PCB wastes.
Remarks:
_______________________________________________________
_______________________________________________________
-48- 48
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Remarks:
_________________________________________________
__________________________________________________
__________________________________________________
Remarks: ___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
1. Storage facility for PCBs, PCB wastes, PCB articles and PCB packaging,
must meet the following minimum conditions:
-49- 49
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
___________________________________________________________________________
Remarks: __________________________________________________
__________________________________________________
-50- 50
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Remarks: __________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
PCB Storage Facility Closure Plan (For Owners and Operators of PCB Storage
facility)
Remarks: __________________________________________________
__________________________________________________
-51- 51
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Note: Each owner and operator of a PCB storage facility must prepare
and retain in an accessible location at the premises the plan stated above
and a copy of which must be submitted to the EMB along with the PCB
Management Plan.
Remarks: ___________________________________________________________________
-52- 52
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Remarks:
__________________________________________________
__________________________________________________
__________________________________________________
Remarks: __________________________________________________
__________________________________________________
__________________________________________________
-53- 53
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Equip. Serial No. Equipment description Oil Qty. Method of Testing Result of screening test
(Type/Capacity) (Test Kit or Density Test)
Note: Use separate sheet if necessary. Secure Certificates of Analysis or other similar documents if available.
-54- 54
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
RECOMMENDATIONS:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
-55- 55
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Annex-C
PRESCRIBED EQUIPMENT LABEL:
This equipment label was based on the requirements prescribed under Section IV
(4.1 and 4.2) of DENR Administrative Order No. 01, Series of 2004 (Chemical
Control Order for Polychlorinated Biphenyls).
-56- 56
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Annex-D
PRESCRIBED LABEL (PCB WASTE):
Minimum size of the symbol is 25 cm. X 25 cm. for vessels, containers, and
tanks and 30 cm. X 30 cm. for conveyances carrying vessels, containers, and
tanks. Refer to Chapter 5-3 (Symbols accompanying the label) of Procedural
Manual under DENR Administrative Order No. 36, Series of 2004.
-57- 57
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Annex-E
This equipment label was based on the requirements prescribed under Section IV (4.3)
of DENR Administrative Order No. 01, Series of 2004 (Chemical Control Order for
Polychlorinated Biphenyls).
-58- 58
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Annex-F
PCB MANAGEMENT PLAN
This PCB Management Plan was submitted in compliance with the provisions of
Republic Act No. 6969, its Implementing Rules and Regulations, and DENR Administrative
Order No. 01, Series of 2004 otherwise known as Chemical Control Order for Polychlorinated
Biphenyls.
I. General Description
-59- 59
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-60- 60
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
This PCB Spill Prevention and Clean-up Plan was submitted in compliance with the
provisions of Republic Act No. 6969, its Implementing Rules and Regulations, and DENR
Administrative Order No. 01, Series of 2004 otherwise known as Chemical Control Order for
Polychlorinated Biphenyls.
-61- 61
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
-62- 62
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
V. Decontamination Procedures
-63- 63
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
_______________________ ________________________
Pollution Control Officer President / CEO
Date: ___________________
-64- 64
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
This PCB Storage Facility Closure Plan was submitted in compliance with the provisions
of Republic Act No. 6969, its Implementing Rules and Regulations, and DENR Administrative
Order No. 01, Series of 2004 otherwise known as Chemical Control Order for Polychlorinated
Biphenyls.
-65- 65
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
_______________________ ________________________
Pollution Control Officer President / CEO
Date: ____________
-66- 66
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Annex -G
PCB Storage Facility
- 67 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
- 68 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
12. PCB wastes means discarded materials that electric utilities and suppliers, in accordance with the terms
contain PCBs or have been contaminated with hereof. For this CCO, use includes those for enclosed
PCBs that are without any safe commercial, applications, partially enclosed applications, and open-
industrial, agricultural or economic usage. ended applications. This CCO also applies to the
generation, storage, transport, treatment and disposal of
13. PCB article means any material, other than PCB PCB wastes, including those done by contractors,
wastes, whose surface has been in direct contact transporters and disposers.
with PCBs.
14. PCB packaging means any container or 1. The following Enclosed Applications are
pressurized receptacle such as can, bottle, bag, covered:
barrel, drum, tank, or other device that contains
a. Transformers
and secures PCB articles and PCB wastes,
respectively. b. Capacitors
- 69 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Section IV. Requirements and Procedures Report Form (Annex C) provided by the Bureau,
which must contain the following information:
1. Registration
a. General Information
1.1 The following persons/entities shall register with
the Bureau by submitting a duly accomplished i. Type of business activity (manufacturer,
Registration Form (Annex B) within three months industrial user, importer, exporter, waste
after the effective date of this order: treater, waste transporter);
a. Owners or operators of industrial facilities/ ii. Name, address and location of
installations, electric utilities and suppliers commercial building, industrial facility,
who are in possession or involved in the use storage facility or location of treatment
of any PCB equipment, PCB-contaminated and/or disposal activity; and,
equipment, non-PCB equipment, PCB
iii. Name, address and telephone number of
wastes, PCB article or PCB packaging.
contact person.
b. Owners of commercial buildings installed with
b. Management Information
or containing any PCB equipment, PCB-
contaminated equipment, non-PCB
i. Number and category of employees
equipment, PCB wastes, PCB article, or PCB
directly and indirectly responsible for the
packaging.
management of PCBs, PCB equipment,
PCB-contaminated equipment, non-PCB
c. Electric utilities, suppliers and waste service
equipment and PCB articles in service,
providers involved in the treatment and
and PCB wastes, PCB articles and PCB
disposal of PCB wastes.
packaging in storage, and their
respective qualifications and
d. Owners of industrial facilities and commercial
training for the job;
buildings containing suspected PCB
equipment, PCB-contaminated equipment,
non-PCB equipment, PCB wastes, PCB ii. Number of persons with potential risk of
article, or PCB packaging. exposure to PCBs, and exposure
duration;
e. Owners or possessors of storage facilities
containing PCBs, PCB wastes, PCB articles, iii. Program for storage, if any, including
or PCB packaging. operators and location of storage
facilities; and,
1.2 The PCB registration certificate(s) and all iv. Program for treatment and disposal,
permit(s) issued by the Bureau, along with including schedule, contractor, disposal
applications and attachments, shall be retained at method and facilities, their premises and
the premises of the registrant for at least five (5) locations, and such other information,
years and be available for inspection at any time which the Bureau may require.
by proper officials of the Department and/or the
Bureau.
c. The first Annual Report shall be submitted
1.3 The Department may generate listings of lands or within six months after registration, and
buildings containing PCB articles, PCB wastes or subsequent Annual Reports shall be
PCB packaging, as may be established through submitted at the end of December of every
proper inspection, whether or not said PCB calendar year.
articles, PCB wastes or PCB packaging are being
properly managed, including those lands or d. The registrant must also retain records of
buildings which had history of containing PCB manufacture, distribution, and use, in
articles, PCB wastes or PCB packaging, in order accordance with this CCO.
to safeguard human health and the environment.
2.2 All registrants shall submit an Inventory Report of
all PCB equipment, PCB-contaminated
2. Annual Reports and Inventory Reports equipment, non-PCB equipment, PCB articles
and PCB packaging stored and used, and PCB
2.1 All persons/entities required to be registered must wastes generated and/or stored, in their buildings/
submit to the Bureau a duly accomplished Annual facilities/possession, in accordance with the
following:
- 70 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
- 71 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
4.3 Installations and storage facilities for PCBs, PCB h. There should be no cracks or openings of any
equipment, PCB-contaminated equipment, non- kind in the containment floor or walls that
PCB equipment, PCB wastes, PCB articles, PCB could allow the flow of PCBs or PCB wastes
packaging, must have a signage with the following outside the area;
information:
i. Adequate ventilation must be provided to
a. Contains PCBs in large letters including total safeguard the health of workers and handlers;
volume and total weight of PCBs, total volume and,
and total weight of PCB waste, total volume
and total number of PCB packaging, the j. The storage facility must be located far from
number and type of PCB equipment, PCB- residential communities, storm drains, bodies
contaminated equipment, non-PCB of water, flood-prone areas and other
equipment and PCB articles; environmentally critical areas.
- 72 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
e. Decontamination Procedures;
- 73 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
ii. Inspection schedule and checklist; and, d. All existing PCBs, PCB equipment, PCB-
contaminated equipment, non-PCB
iii. Equipment and/or materials to be used equipment, PCB packaging, PCB articles and
during spills and/or emergencies. PCB wastes other than in a totally enclosed,
intact, non-leaking and serviceable system
d. Training Program shall be considered as hazardous wastes and
shall be handled, stored and treated in
i. Scope or coverage of training or a copy accordance with Title III of the IRR.
of the Training Manual.
e. A PCB equipment, PCB-contaminated
ii. List of personnel trained, particularly equipment or non-PCB equipment may only
those workers in contact with PCBs, PCB be replaced with equipment that contains and
equipment, PCB-contaminated uses only, PCB-Free materials, as certified by
equipment, non-PCB equipment, PCB the manufacturer.
wastes, PCB articles or PCB packaging.
2. Three (3) years after the effective date of this
e. A copy of the PCB Spill Prevention and Order, the importation, sale, transfer or
Clean-up Plan as described in Section IV 7. distribution of non-PCB equipment as defined
under this CCO shall no longer be permitted.
f. A copy of the PCB Storage Facility Closure
Plan as described in Section IV 8. 3. Ten (10) years after the effective date of this
Order, the use or storage for reuse of any PCBs,
10. Insurance and Surety Bond Requirements PCB equipment, PCBcontaminated equipment,
or PCB article, including those in totally enclosed
All entities required to be registered under the applications, shall no longer be allowed. Likewise,
provisions of this CCO are required to provide on the same date, the storage of PCB packaging
pollution liability insurance coverage separate and PCB wastes shall no longer be allowed.
from any existing general or public liability
insurance to guarantee payment for clean-up, 4. Notwithstanding the foregoing, however, PCBs
damage claims and other environmental liabilities may, for an indefinite period, be imported, sold,
that may arise in case of accidents (i.e. PCB spills, transferred or used in small quantities, for
- 74 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
research and development, in a manner other Section XII. Effectivity. This CCO shall take effect
than totally enclosed, provided proper one (1) month after publication in the Official Gazette
authorization is obtained from the Department. or two (2) newspapers of general circulation.
Authorized research and development activities
include, but are not limited to: the chemical
analysis of PCBs; determination of the physical
properties of PCBs; studies of environmental
transport properties; studies of biochemical (SGD) ELISEA G. GOZUN
transport processes; studies of the effects of Secretary
PCBs on the environment; and studies on the
effects of PCBs on human health.
________________
Section VI. Information, Education, Communication This CCO was approved on 16 February 2004
and Training Requirements. The Department, Published in Malaya and Today last 19 March 2004
through the Bureau, in collaboration with the industry, Deposited at UP Law Center on 02 March 2004
concerned government agencies, the academe, and Took effect on 19 March 2004
the non-government organizations, will promote
industry and public awareness of the CCO
requirements and its compliance and the hazards
posed by the use and release of PCBs in the DENR ADMINISTRATIVE ORDER
workplace and into the environment.
No. 29
Section VII. Public Access to Records. The Public Series 1992
shall have access to records, reports or information
obtained by the Department pursuant to this CCO, in Subject: IMPLEMENTING RULES AND
accordance with Section 12 of RA 6969.
REGULATIONS OF
Section VIII. Compliance Monitoring Procedure. REPUBLIC ACT 6969
Compliance with the requirements established in this
CCO will be monitored by the Department, through the Pursuant to provisions of Section 16, Republic Act 6969,
Bureau, through review of reports and registration otherwise known as Toxic Substances and Hazardous and
information submitted, as required by this CCO, and Nuclear Wastes Control Act of 1990, the Department of
on-site inspection by authorized personnel of the Environment and Natural Resources hereby adopts and
Bureau. promulgates the following Rules and Regulations:
- 75 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
of all unregulated chemical substances and mixtures in the Regulations subject to conditions, limitations or
Philippines including the entry, even in transit, as well as restrictions as prescribed by the Secretary.
the keeping or storage and disposal of hazardous and
nuclear wastes into the country for whatever purpose. 6. Hazardous substances are substances which
present either:
Section 4. Construction. These Rules and Regulations
shall be liberally construed to carry out the national policy a) short-term acute hazards such as acute
to regulate, restrict or prohibit the importation, manufacture, toxicity by ingestion, inhalation or skin
processing, sale, distribution, use and disposal of chemical absorption, corrosivity or other skin or eye
substances and mixtures that present unreasonable risk contact hazard or the risk of fire or explosion;
and/or injury to health or the environment; to prohibit the
entry, even in transit, of hazardous and nuclear wastes and b) long-term environmental hazards, including
their disposal into the Philippine territorial limits for chronic toxicity upon repeated exposure,
whatever purpose, and to provide advancement and carcinogenicity (which may in some case
facilitate research and studies on toxic chemicals and result from acute exposure but with a long
hazardous and nuclear wastes. latent period, resistance to detoxification
process such as biodegradation, the potential
Section 5. Administrative and Enforcement. These to pollute underground or surface waters, or
Rules and Regulations shall be administered by the aesthetically objectionable properties such as
Secretary or his duly authorized representative or through offensive odors).
any other department, bureau, office, agency, state
university or college and other instrumentalities of the 7. Hazardous wastes are substances that are
government for assistance in the form of personnel, without any safe commercial, industrial,
facilities and other resources as the need arises in the agricultural or economic usage and are shipped,
discharge of its functions. transported or brought from the country of origin
for dumping or disposal into or in transit through
Section 6. Definitions. The following words and any part of the territory of the Philippines.
phrases when used in these Rules and Regulations shall,
unless the context clearly indicates otherwise, have the Hazardous wastes shall also refer to by-
following meanings: products, side-products, process residues, spent
reaction media, contaminated plant or equipment
1. CAS means Chemical Abstracts Service, a or other substances from manufacturing
uniquely identifying number adopted internationally operations and as consumer discards of
which permits one to generate toxicological manufactured products which present
information from a computer base. unreasonable risk and/or injury to health and
safety and to the environment.
2. Chemical Substance means any organic or
inorganic substance of a particular molecular 8. "Importation" means the entry of a product or
identity excluding radioactive materials and substance into the Philippines (through the
includes any element or uncombined chemical; seaports or airports of entry) after having been
any combination of such substances; or any properly cleared through or still remaining under
mixture of two or more chemical substances. customs control, the product or substance of
which is intended for direct consumption,
3. "Chemical mixture" means any combination of merchandising, warehousing, for further
two or more chemical substances if the processing.
combination does not occur in nature and is not, in
whole or in the past, the result of chemical 9. Inert waste means any waste that, when
reaction, if none of the chemical substances and if placed in a landfill is reasonably expected not to
the combination could have been manufactured undergo any physical, chemical, and/or biological
for commercial purposes without a chemical changes to such an extent as to cause pollution or
reaction at the time the chemical substances hazard to public health and safety.
comprising the combination were combined. This
shall include nonbiodegradable mixtures. 10. New Chemicals means any chemical
substance imported into or manufactured in the
4. Department means the Department of country after December 31, 1993, and which are
Environment and Natural Resources. not included in the Philippine Inventory of
Chemicals and Chemical Substances as
5. Environmental Protection Officer means an published by the Department.
officer appointed or deputized by the Secretary to
execute the provisions of these Rules and
- 76 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
13. Occupier is one who must have a license to ii) As part of an article containing a chemical
accept, produce, generate, store, treat, recycle, substance or mixture.
reprocess, process, manufacture or dispose of
hazardous waste. 19. Secretary means the Secretary of the
Department of Environment and Natural
14. Permit means a legal authorization to engage Resources.
in or conduct any or all of the following activities
for: 20. Transport includes conveyance by air, water
and land.
a. Toxic chemicals importation, storage,
manufacture, processing, selling, transport 21. Waste generator means a person who
and disposal generates or produces, through any commercial,
industrial or trade activities, hazardous wastes.
b. Hazardous wastes storage, treatment,
transport, export, processing, reprocessing, 22. Waste transporter means a person who is
recycling and disposal licensed to treat, store, recycle, or dispose of
hazardous wastes.
c. Hazardous materials importation or
exportation 23. Waste treater means a person who is licensed
to treat, store, recycle, or dispose of hazardous
15. Person or persons includes any being, wastes.
natural or juridical, susceptible of rights and
obligations or of being the subject of legal 24. Unreasonable risk means expected high
relations. frequency of undesirable effects or adverse
responses arising from a given exposure to a
16. Pollution means any alteration of the physical, substance.
chemical, biological properties of any water, air
and/or and resource of the Philippines, or any
discharge thereto of any liquid, gaseous or solid Chapter II
waste, or any production of unnecessary noise, or Administrative Provision
any emission of objectionable odor, as will or is
likely to create or to render such water, air and/or
land resources harmful, detrimental or injurious to Section 7. Powers and Functions of the Department
public health, safety or welfare, or which will of Environment and Natural Resources. The
adversely affect their utilization for domestic, Department of Environment and Natural Resources shall
industrial, agricultural, recreational or other be tasked with the following functions, powers and
legitimate purposes. responsibilities:
17. Premises shall include but not limited to: 1. To keep an updated inventory of chemicals that
are presently being manufactured or used,
a) building or part of a building; indicating among others, their existing and
possible uses, quantity, test data, names of firms
b) a tent, stall or other structure whether manufacturing or using them, and such other
permanent or temporary; information as the Secretary may consider
- 77 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
relevant to the protection of health and the Section 8. Delegation of Powers and Functions of the
environment; Secretary
2. To require chemical substances and mixtures that 1. The Secretary may appoint and/or deputize
present unreasonable risk or injury to health or to officers subject to conditions, limitations or
the environment to be tested before they are restrictions as may be prescribed by him.
manufactured or imported for the first time;
2. The Secretary may delegate his powers to:
3. To require chemical substances and mixtures
which are presently being manufactured or a. conduct inspection of any establishment in
processed to be tested if there is reason to believe which chemicals are manufactured,
that they pose unreasonable risk or injury to processed, stored or held before or after their
health and the environment; commercial distribution and to make
recommendations to the proper authorities
4. To evaluate the characteristics of chemicals that concerned;
have been tested to determine their toxicity and
the extent of their effects on health and the b. conduct inspection of any premises in which
environment; hazardous wastes are being generated,
stored, processed, reprocessed, recycled,
5. To enter into contracts and make grants for treated and/or disposed of and to make
research, development and monitoring of recommendations to the proper authorities;
chemical substances and mixtures;
c. stop, detain, inspect, examine and remove to
6. To conduct inspection of any establishment in some suitable place for inspection and
which chemicals are manufactured, processed, examination any vehicle or boat that is
stored or held before or after their commercial believed to being or likely to be used for the
distribution and to make recommendations to the transport of chemical substances and
proper authorities concerned; hazardous and nuclear wastes subject to
pertinent provisions of these Rules and
7. To confiscate or impound chemicals found not Regulations;
falling within the standards set by these Rules and
Regulations and the said acts cannot be enjoined d. monitor and prevent the entry, even in transit,
except after the chemicals have been impounded; of hazardous and nuclear wastes and their
disposal into the country;
8. To monitor and prevent the entry, even in transit,
of hazardous and nuclear wastes and their e. subpoena witnesses and documents and to
disposal into the country; require other information if necessary to carry
out the provisions of these Rules and
9. To subpoena witnesses and documents and to Regulations.
require other information if necessary to carry out
the provisions of this Act; 3. The Secretary may, by notice, amend or revoke
the:
10. To call on any department, bureau, office, agency,
state university or college, and other a. delegated authorities previously granted
instrumentalities of the Government for under Section 8(2) of these Rules and
assistance in the form of personnel, facilities and Regulations; and
other resources as the need arises in the
discharge of its functions; b. appointed of an Environmental Protection
Officer.
11. To disseminate information and conduct
educational awareness campaign on the effects of Section 9. Duties and Responsibilities of an
chemical substances, mixtures and wastes on Environmental Protection Officer. An Environmental
health and environment; and, Protection Officer shall have the following duties and
responsibilities:
12. To exercise such powers and perform such other
functions as may be necessary to carry out its 1. To make such examination or inquiry as is
duties and responsibilities under RA 6969. necessary to determine whether these Rules and
Regulations are being complied with.
- 78 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
2. To enter any premises in which he reasonably authorized representative may issue an Ex-Parte Order of
believes that chemical substance or hazardous confiscation or impoundment, provided that the respondent
waste are being used, manufactured, stored, files his Motion for Reconsideration within ten (10) days
processed, reprocessed, generated, treated, from date of confiscation or impoundment which Motion for
transported or disposed of and may Reconsideration shall be resolved within fifteen (15) days
from receipt of the same.
a. without payment take or require the occupier
or person in charge of the premises or person
in possession of any chemical substance to Chapter III
give the Environmental Protection Officer Inter-Agency Technical Advisory Council
samples of the chemical substance for
examination and testing subject to pertinent
provisions of these Rules and Regulations. Section 12. Composition of the Inter-Agency
Technical Advisory Council. The Interagency Technical
b. require the production of any relevant Advisory Council shall be composed of the following
documents and inspect, examine and make officials or their duly authorized representatives:
copies of or extracts from them or remove
them to make a copy of extract; and Secretary of Environment and Natural Resources
Chairman
c. take such photographs or audio or visual
recordings as he considers necessary. Secretary of Health
Member
3. To stop, detain, inspect, examine and remove to
some suitable place for inspection and Secretary of Trade and Industry
examination any vehicle or boat that he believes is Member
being or likely to be used for the transport of
chemical substances and hazardous wastes Secretary of Science and Technology
without the necessary permit from the Member
Department.
Secretary of National Defense
4. To require a person found committing an offense Member
under these Rules and Regulations to state the
persons full name and address. Secretary of Foreign Affairs
Member
5. To exercise such other duties and responsibilities
as may be authorized by the Secretary. Secretary of Labor and Employment
Member
Section 10. Confiscation, Impoundment and
Imposition of Administrative Fines. Upon receipt of a Secretary of Finance
report from a duly authorized inspector or upon a verified Member
complaint from a private person, the Secretary or his duly
authorized representative shall order an investigation or Secretary of Agriculture
inquiry in such a manner as he may determine on the Member
alleged violation of any of the provision of RA 6969 and
these Rules and Regulations. If after investigation there Secretary of Philippine Nuclear Research Institute
appears to be a violation of any of the provisions of RA Member
6969 or these Rules and Regulations, the Secretary or his
duly authorized representative shall issue summons Representative from non-governmental organizations
informing respondent/s of nature of charges against him on health and safety
and requiring the said respondent or respondents to appear Member
before him or his duly designated representative for a
conference for the purpose of determining whether an The representative from the non-governmental
Order for confiscation or impoundment or fine should be organization shall be appointed by the President for a term
issued. of three (3) years.
- 79 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Section 13. Functions of the Council. The Council b. its trade name or names;
shall have the following functions:
c. its chemical and molecular structure;
1. To assist the Department in the formulation of
these rules and regulations for the effective d. its CAS number;
implementation of RA 6969;
e. its RTECS number (if available);
2. To assist the Department in the preparation and
updating of the inventory of chemical substances f. its United Nations number (if applicable);
and mixtures that fall within the coverage of RA
6969; g. its United Nations class and subsidiary risk
category (if applicable);
3. To conduct preliminary evaluation of the
characteristics of chemical substances and h. the following physical characteristics (if
mixtures to determine their toxicity and effects on applicable)
health and the environment and make the
necessary recommendations to the Department; i. boiling point;
and,
ii. melting point;
4. To perform such other functions as the Secretary
may, from time to time, require. iii. specific gravity;
- 80 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
m. its upper and lower explosive limits (if 4. The Department shall not accept any further
applicable); nominations of chemical substances under this
section after 31 December 1993.
n. its known stability and incompatibilities;
o. its carcinogenic, teratogenic and mutagenic Section 17. Notification of New Chemicals
properties;
1. After 31 December 1993, a chemical substance
p. the name and address of the nominating which is not included in the chemical inventory
person; and, shall be considered as new chemical substance.
q. the anticipated volume in cubic meters or Unless exempted, any person who uses, stores,
weight in tones, per annum of the chemical imports, manufactures, transports or processes a
substance being used, stored, manufactured, chemical substance after 31 December 1993
processed, offered for sale or sold, which is not listed in the chemical inventory shall
transported, imported and exported by the be liable for violation of Section 16 of these Rules
nominating person. and Regulations and shall be dealt with subject to
the provisions of Section 15 of RA 6969.
2. The documents containing the above information
shall be considered as public document. 2. No person shall use, store, transport, import, sell,
distribute, manufacture, or process a new
chemical substance unless permitted by the
Section 16. Nomination of Existing Chemicals Department. Permit shall be granted under the
following conditions:
1. Until 31 December 1993, a person shall submit to
the Department for inclusion in the Philippine a. The Department must be notified of the
Inventory of Chemicals and Chemical Substances, intention to do so at least one hundred and
a list of chemical substances which are currently eighty (180) days before commencing such
used, sold, distributed, imported, processed, activity; and,
manufactured, stored, exported or transported in
the Philippines in a form as may be provided by b. The Department shall be provided with such
the Department. information as outlined in Section 15.
2. The person who nominates a chemical substance 3. The notification must be made in accordance with
shall provide as much information as outlined in a form and in a manner prescribed by the
Section 15 of these Rules and Regulations and Department and accompanied with the payment of
that such nomination shall contain the following the prescribed fee.
minimum data:
4. The notification which does not comply with the
a. chemical names; requirement of Section 17(3) will not be acted
upon and/or accepted.
b. trade name or names;
5. The Department shall have the discretion not to
c. chemical structure; include the new chemical substance in the
chemical inventory if the information provided to
d. CAS number; the Department by the person does not fully
comply with the requirements of Section 15 or the
e. anticipated volume in cubic meters, or weight Department suspects that the data are of dubious
in tones per annum of chemicals being quality.
nominated; and,
6. Any person who falsifies information on a
f. name and address of nominating person. chemical substance while nominating an existing
or new chemical substance shall be criminally
3. Chemical substances in the chemical inventory liable.
shall be regarded by the Department as existing
chemical substances and, therefore, exempted
from the provisions of Section 17.
- 81 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Section 18. Assessment of Chemicals a. prohibit the use, manufacture, import, export,
transport, process, storage, possession or
1. Upon notification of a new chemical substance sale of the chemical substance;
under Section 17 of these Rules and Regulations,
the Department shall within ninety (90) days b. limit the use, manufacture, import, export,
determine whether transport, process, storage, possession or
sale of the chemical substances; or,
a. to add the chemical substance to the
chemical inventory; c. place such controls or conditions on the use,
manufacture, import, export, transport,
b. to seek further information from any person process, storage, possession or sale of the
for the purpose of assessing public health chemical substance to abate or minimize risks
and environmental risk posed by the use, or hazards posed by the chemical substances
storage, manufacture, import, process or on public health and environment.
transport of the chemical substance; or,
2. An order issued by the Department under Section
c. to issue Chemical Control Order in 20(1) shall be known as Chemical Control Order.
accordance to Section 20 of these Rules and
Regulations.
Chapter V
2. The Department shall notify the applicant in Testing Requirements
writing of its decision.
Section 21. Chemicals Subject to Testing
Section 19. Priority Chemical List 1. Testing shall be required in all cases where:
1. The Department shall compile and may amend a. There is reason to believe that the chemical
from time to time a list to be known as the Priority substances or mixture may present an
Chemicals List. unreasonable risk to health or environment;
2. The Department may determine which chemical b. There is insufficient data and experience for
substance from the chemical inventory should be determining or predicting the health and
included, deleted, or excluded from the Priority environmental effects of the chemical
Chemicals List. substance or mixture; and,
3. The Department shall publish in the Official c. The testing of the chemical substance or
Gazette or newspaper of general circulation the mixture is necessary to develop such data.
Priority Chemicals List and any amendments and
deletions to the List. 2. The manufacturers, processors or importers of
such chemicals subjected to testing shall shoulder
4. The Department may require information from any the costs of testing the chemical substance or
person for the purpose of assessing the public mixture.
and environmental risk posed by the use, storage,
manufacture, import, process or transport of the
priority chemicals. Chapter VI
Exemptions
Section 20. Chemical Control Orders Section 22. Exemptions. The following substances
and mixtures shall be exempted from the requirements of
1. If the Department has determined that the use, Section 17, 18 and 21 of these Rules and Regulations:
storage, transport, process, manufacture, import
or export of any new substance or a priority 1. Those chemicals already included in the
chemical poses an unreasonable risk or hazard to Philippine Inventory of Chemicals and Chemical
public health or the environment, the Department Substances;
may, by order, published in the Official Gazette or
any newspaper or general circulation: 2. Those to be produced or used in small quantities
solely for experimental or research and
development purposes;
- 82 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
3. Those that are reaction intermediates which do d. landfill of inert hazardous waste residues.
not leave the closed production system or
undergo intermediate storage during the reaction 3. Hazardous waste shall be managed in such a
process; manner as not to cause or potentially cause
b. the sale, storage, possession, use, 5. The waste generator shall bear the costs for the
manufacture, transport, import or export of proper storage, treatment and disposal of their
chemical substance poses an immediate hazardous waste.
threat or hazard to public health and safety or
the environment.
Section 25. Classification of Hazardous Waste
2. Any costs incurred by the Department under
Section 23(1) shall be reimbursed by the occupier 1. The classes and subcategories of wastes listed in
of the premises from which the Environmental Table 1 shall be prescribed as hazardous waste
Protection Officer impounded or confiscated the for the purposes of these Rules and Regulations.
chemical substance.
2. The types of wastes listed in Table 2 shall be
exempted from the requirements of these Rules
and Regulations.
Title III. Hazardous and Nuclear Wastes
3. The listings provided for Tables 1 and 2 are not
Chapter VII inclusive and shall be subject to periodic review.
Hazardous Waste
- 83 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
- 84 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
- 85 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
- 86 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
4. A waste generator shall be responsible for training i. the intended method of hazardous waste
its personnel and staff on- treatment, storage, export, recycling,
processing, reprocessing or disposal at the
a. the implementation of the plan required under destination.
Section 26(3); and,
- 87 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
2. Prior to the transport of hazardous wastes, the Section 29. Hazardous Waste Storage and Labeling
waste generator shall complete, in duplicate,
portions that refer to the waste generator in the 1. Vessels, containers and tanks for the storage of
prescribed form and shall submit the same to the hazardous waste shall be clearly labeled and this
Department accompanied by payment of the labeling shall comprise the following particulars
prescribed fee.
a. the class of the hazardous waste as specified
3. The waste generator shall retain and store a copy in Table 1;
of the waste transport record for a period of
twenty-four (24) months from the date of receipt of b. the sub-category of the hazardous waste as
the Department. specified in Table 1;
4. Prior to the transport of the hazardous waste, the c. the waste number as specified in Table 1;
waste transporter shall complete, in duplicate,
portions referring to the waste transporter in the d. the name and address of the waste
prescribed form. generator; and,
5. The waste transporter shall place a copy of the e. the maximum capacity of volume.
waste transport record in the drivers cabin of the
waste transport vehicle. 2. The labeling of the vessels, containers and tanks
specified in Section 29(1) shall be conspicuously
6. Upon arrival at the waste treatment, storage, marked in paint, decals or other permanent form
recycling, reprocessing, processing or disposal of markings.
premises, the waste transporter shall give a copy
of the waste transport record to the waste treater.
Section 30. Waste Treatment and Disposal Premises
7. Upon receiving a waste transport record, the
waste treater shall:
1. No waste treater shall accept, store, treat, recycle,
a. verify the accuracy of the waste description of reprocess or dispose of hazardous wastes unless
the hazardous waste; done in the premises as prescribed in Table 3 and
b. complete portions of the waste treater on the permitted by the Department.
waste transport record; and,
c. retain and store the complete waste transport
record for a period of twenty-four months after Table 3. Prescribed Wastes Treatment Premises
receipt of the hazardous waste.
Category Description
8. If the hazardous waste data is inaccurate, the
waste treater shall immediately inform the waste A Premises that conduct on-site disposal of
generator of such inaccuracy within a reasonable hazardous wastes generated or produced at
period of time. The waste treater shall have the the premises through industrial or commercial
right to deny acceptance of such hazardous waste processes and activities other than disposal
if such acceptance may cause any danger of via sewer.
hazard in the operation of its premises;
B Commercial or industrial hazardous waste
9. If the hazardous waste is accepted by the waste incinerators.
treater for treatment, storage, export, recycling,
reprocessing, processing or disposal, the waste C Landfills, dumps or tips that accept hazardous
treater shall certify in writing, the acceptance of waste for disposal
the hazardous waste to the waste generator.
D Premises that recycle or reprocess hazardous
10. The waste treater shall send to the Department waste which were not generated or produced
within five (5) days, the certification required under at that premise.
Section 28(9) copy furnished the waste generator.
E Premises that immobilize, encapsulate,
11. Any waste transporter while transporting polymerize or treat hazardous wastes which
hazardous waste is involved in an accident which were not generated or produced at that
results in the spillage or release of the hazardous premise.
waste to the environment shall immediately
contain the spillage and notify the Department.
- 88 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
F Premises that store hazardous wastes, which Section 33. Specific Exemption
were not generated or produced at that
premise for periods exceeding thirty (30) days. 1. The following are exempt from the requirements of
these regulations:
2. An application for issuance or amendment of a a. Any holder of a valid PNRI license authorized
permit under this section shall be made in to operate a nuclear power plant or atomic
accordance with a form and in a manner energy facility, who, in the course of operating
approved by the Department accompanied with his licensed facility, transports spent nuclear
the payment of the prescribed fee and fuel for reprocessing in a foreign country and
accompanied by such plans, specifications and re-acquires the by-products of reprocessing,
other information and a summary thereof as may including its nuclear wastes for storage in his
be required by the Department. facility.
3. The Department shall maintain a register of waste b. States which are signatories to the Basel
treaters. Convention and countries with bilateral
agreements with the Philippines that would
allow the passage or transit shipment of
Section 31. Import and Export of Hazardous nuclear waste over Philippine territorial limit.
Substances Prior informed arrangements and notification
schedules shall have been made through
1. Any person who wishes to import into the proper Philippine authorities including the
Philippines or export hazardous substances must DENR and the PNRI.
seek and obtain prior written approval from the
Department. 2. The DENR and the PNRI shall exercise their rights
to monitor and inspect such shipments for the
2. An application made under Section 31(1) shall be protection of the public and the national interest.
made in the form and manner approved by the
Department and accompanied by payment of the Section 34. Abandoned or Unclaimed Nuclear Waste.
prescribed fee. Nuclear wastes which are unclaimed or abandoned, and
whose legal ownership cannot be ascertained, shall be
3. The Department shall cause the seizure of the subject to the regulations of the PNRI on the management
imported hazardous substances which does not and disposal of nuclear wastes.
comply with the approved permit, return the
hazardous substance to their point of origin and
initiate proceedings to recover cost incurred. Section 35. Scrap Metal That May Contain Radioactive
Materials
- 89 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Title IV. Common Provisions may submit together with the information, a
request that such information be treated as
Chapter IX confidential.
Permitting Regulations
2. The Department of Environment and Natural
Section 37. Prescribed Fees for Toxic Chemical Resources may consider a record, report of
Substances information or particular person thereof
confidential and may not be made public when
such would divulge trade secrets, or sales figures
1. The Department shall prescribe fees for the
or methods production or processes unique to
notification and assessment of new chemicals
such manufacturer, processor or distributor or
under Section 17 and Section 18.
would otherwise tend to affect adversely the
competitive position of such manufacturer,
2. The Department shall publish the scale of fees
processor or distributor, information other than its
and amendments to the scale of fees in the
chemical name and CAS Number (if applicable),
Official Gazette or any newspaper of general
be treated as confidential.
circulation which shall take effect fifteen (15) days
after its publication.
3. No disclosure of any information shall be done
subject to Sections 40(1) and 40(2) except
Section 38. Prescribed Fees for Hazardous and a. where there is written consent provided by the
Nuclear Wastes person who requested confidentiality under
Section 40(1);
1. The Department shall prescribe reasonable fees for
b. under an agreement, convention or treaty
a. registration of a waste generator; between the government of the Philippines
b. permitting of a waste transporter; and other foreign nations provided that the
c. permitting of a waste treater; foreign nation undertakes to keep the
d. authority to import or export hazardous information confidential;
material; and,
e. waste transport record. c. under an agreement between the Department
and other statutory bodies and local
2. The Department shall publish the scale of fees authorities provided that the information is
and amendments to the scale of fees in the required to fulfill their obligations and
Official Gazette or any newspaper of general provided that they agree to keep the
circulation which shall take effect fifteen (15) days information confidential;
after its publication.
d. under formal instruction of a competent court
of law;
Chapter X
Public Access to Records, Reports and Notification e. to a physician or prescribed medical
and Confidentiality of Information professional who request the information for
the purpose of making a medical diagnosis of,
Section 39. Public Access to Assessment Reports or rendering medical treatment to, a person in
an emergency and who agrees, in writing to
1. The general public shall have access to the keep the information confidential; or
chemical inventory and to the priority chemical list.
f. where the Department certifies that the
2. The general public shall have access to the disclosure of the information is in the interest
documents prepared by the Department regarding of public health and safety or protection of the
chemical control orders excepting confidential environment.
portions contained in these documents.
4. Where practical, the person who takes the request
for confidentiality under Section 40(1) shall be
notified in writing prior or as soon as possible to
Section 40. Confidentiality of Information
the intention of disclosure of information under
Section 40(3).
1. Any person who is requested to provide
information to the Department under Section 16,
17, 18 and 21 of these Rules and Regulations
- 90 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
- 91 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
manager who shall consent to or knowingly facilities and appurtenances that may have been
tolerate such violation shall be directly liable used in transporting to or in the storage in the
and responsible for the act of the employees Philippines of any significant amount of hazardous
and shall be criminally liable as a co-principal; or nuclear wastes shall at the option of the
government be forfeited in its favor.
iii. In case the offender is a government official
or employee, he or she shall in addition to the
above penalties be deemed automatically Title VI. Final Provisions
dismissed from office and permanently
disqualified from holding any elective or Chapter XIII
appointive position;
2. i. The penalty of imprisonment of twelve (12) Section 45. Separability Clause. If any section or
years and one day to twenty (20) years shall provision of these Rules and Regulations is held or
be imposed upon any person who shall declared unconstitutional or invalid by a competent court,
violate Section 13(d) of R.A. 6969. If the the other sections or provisions hereof shall continue to be
offender is a foreigner, he or she shall be in force as if the sections or provisions so annulled or
deported and banned from any subsequent voided had never been incorporated herein.
entry into the Philippines after serving his or
her sentence. Section 46. Repealing Clause. All Rules and
Regulations or parts of said rules and regulations of
ii. In the case of corporations or other pertinent laws inconsistent with these Rules and
associations, the above penalty shall be Regulations are hereby revised, amended, modified and/or
imposed upon the managing partner, superseded as the case may be by these Rules and
president or chief executive in addition to an Regulations.
exemplary damage of at least Five Hundred
Thousand Pesos (PhP500,000.00). If it is a Section 47. Amendments. These Rules and
foreign firm, the director and all officers of Regulations may be amended and/or modified from time to
such foreign firm shall be banned from entry time by the Department of Environment and Natural
into the Philippines in addition to the Resources.
cancellation of its license to do business in
the Philippines. Section 48. Effectivity. These Rules and Regulations
shall take effect thirty (30) days after completion of
iii. In the case the offender is a government publication in the Official Gazette or in a newspaper of
official or employee, he or she shall in general circulation.
addition to the above penalties be deemed
automatically dismissed from office and
permanently disqualified from holding any
elective or appointive positions.
(Sgd.) FULGENCIO S. FACTORAN, JR.
3. Every penalty imposed for the unlawful
importation, entry, transport, manufacture, Secretary
processing, sale or distribution of chemical
substances or mixtures into or within the Department of Environment and
Philippines shall carry with it the confiscation and
forfeiture in favor of the Government of the Natural Resources
proceeds of the unlawful act and instruments,
tools or other implements including vehicles, sea
vessels and aircraft used in or with which the
offense was committed, chemical substances so Note: Title III was revised through DENR Administrative
confiscated and forfeited by the Government at its Order No. 36, Series of 2004. For complete text, log on at
option shall be turned over to the Department of www.emb.gov.ph or visit the Environmental Management
Environment and Natural Resources for Bureau at DENR Compound, Visayas Avenue, Diliman,
safekeeping and proper disposal. Quezon City for a copy of the Procedural Manual for Title III
under that Administrative Order.
4. The person or firm responsible or connected with
the bringing into the country of hazardous and
nuclear wastes shall be under obligation to
transport or send back said prohibited wastes.
Any and all means of transportation, including all
- 92 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
Subject: AN ACT TO CONTROL TOXIC d) To prevent the entry, even in transit, as well as the
SUBSTANCES AND HAZARDOUS keeping or storage and disposal of hazardous and
AND NUCLEAR WASTES, nuclear wastes into the country for whatever
PROVIDING PENALTIES FOR purpose.
VIOLATIONS THEREOF, AND FOR
OTHER PURPOSES Section 5. Definition. - As used in this Act:
- 93 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
factory or in the worker's home, and whether the to the environment to be tested before they are
products are sold at wholesale or retail. manufactured or imported for the first time;
f) Hazardous substances are substances which c) To require chemical substances and mixtures
present either: which are presently being manufactured or
processed to be tested if there is a reason to
i) short-term acute hazards such as acute believe that they pose unreasonable risk or injury
toxicity by ingestion, inhalation or skin to health and the environment;
absorption, corrosivity or other skin or eye
contact hazard or the risk of fire or explosion; d) To evaluate the characteristics of chemicals that
or, have been tested to determine their toxicity and
the extent to their effects on health and the
ii) long-term environmental hazards, including environment;
chronic toxicity upon repeated exposure,
carcinogenicity (which may in some cases e) To enter into contracts and make grants for
result from acute exposure but with a long research, development, and monitoring of
latent period), resistance to detoxification chemical substances and mixtures;
process such as biodegradation, the potential
to pollute underground or surface waters, or f) To conduct inspection of any establishment in
aesthetically objectionable properties such as which chemicals are manufactured, processed,
offensive odors. stored or held before or after their commercial
distribution and to make recommendations to the
g) Hazardous wastes are hereby defined as proper authorities concerned;
substances that are without any safe commercial,
industrial, agricultural or economic usage and are g) To confiscate or impound chemicals found not
shipped, transported or brought from the country falling within the standard set by the rules and
of origin for dumping or disposal into or in transit regulations and the said acts cannot be enjoined
through any part of the territory of the Philippines. except after the chemicals have been impounded;
Hazardous wastes shall also refer to by-products, h) To monitor and prevent the entry, even in transit,
side-products, process residues, spent reaction of hazardous and nuclear wastes and their
media, contaminated plant or equipment or other disposal into the country;
substances from manufacturing operations, and
as consumer discards of manufactured products. i) To subpoena witnesses and documents and to
require other information if necessary to carry out
h) Nuclear wastes are hazardous wastes made the provisions of this Act;
radioactive by exposure to the radiation incidental
to the production or utilization of nuclear fuels but j) To call on any department, bureau, office, agency,
do not include nuclear fuel, or radioisotopes which state university or college, and other
have reached the final stage of fabrication so as to instrumentalities of the Government for assistance
be usable for any scientific, medical, agricultural, in the form of personnel, facilities, and other
commercial, or industrial purpose. resources as the need arises in the discharge of
its functions;
Section 6. Functions, Powers and Responsibilities of
the Department of Environment and Natural Resources. k) To disseminate information and conduct
- The Department of Environment and Natural Resources educational awareness campaign on the effects of
shall be the implementing agency tasked with the following chemical substances, mixtures and wastes on
functions, powers, and responsibilities: health and environment; and,
a) To keep an updated, inventory of chemicals that l) To exercise such powers and perform such other
are presently being manufactured or used, functions as may be necessary to carry out its
indicating, among others, their existing and duties and responsibilities under this Act.
possible uses, quantity, test data, names of firms
manufacturing or using them, and such other Section 7. Inter-agency Technical Advisory Council. -
information as the Secretary may consider There is hereby created an Inter-agency Technical
relevant to the protection of health and the Advisory Council attached to the Department of
environment; Environment and Natural Resources which shall be
composed of the following officials or their duly authorized
b) To require chemical substances and mixtures that representatives:
present unreasonable risk or injury to health or
- 94 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
b) To assist the Department of Environment and Section 11. Chemical Substance Exempt from the Pre-
Natural Resources in the preparation and updating Manufacture Notification. - The manufacture of the
of the inventory of chemical substances and following chemical substances or mixtures shall be exempt
mixtures that fall within the coverage of this Act; from pre-manufacture notification:
- 95 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
c) Chemical substances and mixtures that will not Section 14. Criminal Offenses and Penalties. -
present an unreasonable risk to health and the
environment; and, a) (i) The penalty of imprisonment of six (6) months
and one day to six (6) years and one day and
d) Chemical substances and mixtures that exist a fine ranging from Six hundred pesos
temporarily and which have no human or (Php600.00) to Four thousand pesos
environmental exposure such as those which exist (PhP4,000.00) shall be imposed upon any
as a result of chemical reactions in the person who shall violate section 13(a) to (c) of
manufacture or processing of a mixture of another this Act and shall not be covered by the
chemical substance. Probation Law. If the offender is a foreigner,
he or she shall be deported and barred from
Section 12. Public Access to Records, Reports or any subsequent entry into the Philippines
Notification. - The public shall have access to records, after serving his or her sentence;
reports or information concerning chemical substances and
mixtures including safety data submitted, data on emission (ii) In case any violation of this Act is committed
or discharge into the environment, and such documents by a partnership, corporation, association or
shall be available for inspection or reproduction during any juridical person, the partner, president,
normal business hours except that the information or director or manager who shall consent to or
particular person thereof are confidential and may not be shall knowingly tolerate such violation shall
made public when such would divulge trade secrets, be directly liable and responsible for the act of
production or sales figures or methods, production or the employees and shall be criminally liable
processes unique to such manufacturer, processor, or as a co-principal;
distributor, or would otherwise tend to affect adversely the
competitive position of such manufacturer, processor or (iii) In case the offender is a government official
distributor. The Department of Environment and Natural or employee, he or she shall, in addition to
Resources, however, may release information subject to the above penalties, be deemed automatically
claim of confidentiality to a medical research or scientific dismissed from office and permanently
institution where the information is needed for the purpose disqualified from holding any elective or
of medical diagnosis or treatment of a person exposed to appointive position.
the chemical substance or mixture.
b) (i) The penalty of imprisonment of twelve (12)
Section 13. Prohibited Acts. - The following acts and years and one day to twenty (20) years, shall
omissions shall be considered unlawful: be imposed upon any person who shall
violate section 13 (d) of this Act. If the
a) Knowingly use of chemical substance or mixture offender is a foreigner, he or she shall be
which is imported, manufactured, processed or deported and barred from any subsequent
distributed in violation of this Act or implementing entry into the Philippines after serving his or
rules and regulations or orders; her sentence;
b) Failure or refusal to submit reports, notices or on (ii) In the case of corporations or other
the information, access to records as required by associations, the above penalty shall be
this Act, or permit inspection of establishment imposed upon the managing partner,
where chemicals are manufactured, processed, president or chief executive, in addition to an
stored or otherwise held; exemplary damage of at least Five hundred
thousand pesos (PhP500,000.00). If it is a
c) Failure or refusal to comply with the pre- foreign firm, the director and all officers of
manufacture and pre-importation requirements; such foreign firm shall be barred from entry
and, into the Philippines, in addition to the
cancellation of its license to do business in
d) Cause, aid or facilitate, directly or indirectly, in the the Philippines;
storage, importation or bringing into Philippine
territory, including its maritime economic zones, (iii) In case the offender is a government official
even in transit, either by means of land, air or sea or employee, he or she shall in addition to the
transportation or otherwise keeping in storage any above penalties be deemed automatically
amount of hazardous and nuclear wastes in any dismissed from office and permanently be
part of the Philippines. disqualified from holding any elective or
appointive position.
- 96 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
processing, sale or distribution of chemical regulations which are inconsistent with this Act are hereby
substances or mixtures into or within the repealed or modified accordingly.
Philippines shall carry with it the confiscation and
forfeiture in favor of the Government of the Section 20. Effectivity. - This Act shall take effect
proceeds of the unlawful act and instruments, after fifteen (15) days following its publication in the Official
tools or other improvements including vehicles, Gazette or in any newspaper of general circulation.
sea vessels and aircraft used in or with which the
offense was committed. Chemical substances so
confiscated and forfeited by the Government at its Approved:
option shall be turned over to the Department of
Environment and Natural Resources for
safekeeping and proper disposal. (Sgd.) RAMON V. MITRA
Speaker of the House of Representatives
d) The person or firm responsible or connected with
the bringing or importation into the country of (Sgd.) JOVITO R. SALONGA
hazardous or nuclear wastes shall be under President of the Senate
obligation to transport or send back said
prohibited wastes;
This Act which is a consolidation of Senate Bill No.
Any and all means of transportation, including all 255 and House Bill No. 25194 was finally passed by both
facilities and appurtenances that may have been the Senate and the House of Representatives on
used in transporting to or in the storage in the September 6, 1990.
Philippines of any significant amount of hazardous
or nuclear wastes shall at the option of the
government be forfeited in its favor. (Sgd.) QUIRINO D. ABAD SANTOS, JR.
Secretary of the House of Representatives
Section 15. Administrative Fines. - In all cases of
violations of this Act, including violations of implementing (Sgd.) EDWIN P. ACOBA
rules and regulations which have been duly promulgated Secretary of Senate
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 (Php10,000.00), but not more than Fifty Approved: OCTOBER 26, 1990
thousand pesos (PhP50,000.00) upon any person or entity
found guilty thereof. The administrative fines imposed and
collected by the Department of Environment and Natural (Sgd.) CORAZON C. AQUINO
Resources shall accrue to a special fund to be President of the Philippines
administered by the Department exclusively for projects
and research activities relative to toxic substances and
mixtures.
Section 18. Separability Clause. - If any provision of acts are hereby prohibited:
this Act is declared void or unconstitutional, the remaining
provisions thereof not affected thereby shall remain in full
force and effect. f) Transport, dumping or discharge of
Section 19. Repealing Clause. - All laws, presidential prohibited chemicals, substances or
decrees, executive orders and issuances, and rules and
- 97 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
pollutants listed under Republic Act No. suspension of development or construction, or cessation of
allow to seep, willfully or through gross or through gross negligence, shall be punished by
negligence, prohibited chemicals, substances imprisonment of not less than two (2) years and not more
or pollutants listed under R. A. No. 6969, into than four (4) years and a fine not less than Fifty thousand
water bodies or wherein the same shall be liable pesos (P50,000.00) and not more than One hundred
to be washed into such surface, ground, coastal, thousand pesos (P100,000.00) per day for each day of
and marine water; violation. Such failure or refusal which results in serious
SEC. 28. Fines, Damages and Penalties. - of surface, ground, coastal and marine water shall be
Unless otherwise provided herein, any person who punished with imprisonment of not less than six (6) years
commits any of the prohibited acts provided in the and one (1) day and not more than twelve (12) years, and a
immediately preceding section or violates any of the fine of Five hundred thousand pesos (P500,000.00) per
provision of this Act or its implementing rules and day for each day during which the omission and/or
recommendation of the PAB in the amount of not less than In case of gross violation of this
Ten thousand pesos (P10,000.00) nor more than Two Act, the PAB shall issue a resolution
hundred thousand pesos (P200,000.00) for every day of recommending that the proper
violation. The fines herein prescribed shall be increased by government agencies file criminal
ten percent (10%) every two (2) years to compensate for charges against the violators. Gross
inflation and to maintain the deterrent function of such violation shall mean any of the following:
fines: Provided, That the Secretary, upon recommendation (a) deliberate discharge of toxic
of the PAB may order the closure, suspension of pollutants identified pursuant to Republic
development or construction, or cessation of operations or, Act No. 6969 in toxic amounts;
where appropriate disconnection of water supply, until such (b) five (5) or more violations within a period of
time that proper environmental safeguards are put in place two (2) years; or
and/or compliance with this Act or its rules and regulations (c) blatant disregard of the orders of the PAB,
are undertaken. This paragraph shall be without prejudice such as the non-payment of fines, breaking of seals or
to the issuance of an ex parte order for such closure, operating despite the existence of an order for closure,
- 98 -
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)
imprisonment of not less than six (6) years but not more
- 99 -