Environmental Law – Atty.

Jeffrey Coronel Toxic Substances and Hazardous Waste (RA 6969)

REPUBLIC ACT NO. 6969 hazardous and nuclear wastes into the
country for whatever purpose.
AN ACT TO CONTROL TOXIC SUBSTANCES
AND HAZARDOUS AND NUCLEAR WASTES, Sec. 5. Definition. - As used in this Act:
PROVIDING PENALTIES FOR VIOLATIONS a) Chemical substance means any organic or
THEREOF, AND FOR OTHER PURPOSES. inorganic substance of a particular molecular
identity, including: i) Any combination of such
Sec. 1. Short title. - This Act shall be known as substances occuring in whole or in part as a
the "Toxic Substances and Hazardous and result of chemical reaction or occurring in nature;
Nuclear Wastes Control Act of 1990." and ii) Any element or uncombined chemical.
b) Chemical mixture means any combination of
Sec. 2. Declaration of Policy. - It is the policy of two or more chemical substances if the
the State to regulate, restrict or prohibit the combination does not occur in nature and is not,
importation, manufacture, processing, sale, in whole or in part, the result of a chemical
distribution, use and disposal of chemical reaction, if none of the chemical substances
substances and mixtures that present comprising the combination is a new chemical
unreasonable risk and/or injury to health or the substance and if the combination could have
environment; to prohibit the entry, even in been manufactured for commercial purposes
transit, of hazardous and nuclear wastes and without a chemical reaction at the time the
their disposal into the Philippine territorial limits chemical substances comprising the combination
for whatever purpose; and to provide were combined. This shall include
advancement and facilitate research and studies nonbiodegradable mixtures.
on toxic chemicals. c) Process means the preparation of a chemical
substance or mixture after its manufacture for
Sec. 3. Scope. - This Act shall cover the commercial distribution:
importation, manufacture, processing, handling, i) In the same form or physical state or in a
storage, transportation, sale, distribution, use and different form or physical state from that
disposal of all unregulated chemical substances which it was received by the person so
and mixtures in the Philippines, including the preparing such substance or mixture; or
entry, even in transit as well as the keeping or ii) As part of an article containing a chemical
storage and disposal of hazardous and nuclear substance or mixture.
wastes into the country for whatever purpose. d) Importation means the entry of a products or
substances into the Philippines (through the
Sec. 4. Objectives. - The objectives of this Act seaports or airports of entry) after having been
are: properly cleared through or still remaining under
a) To keep an inventory of chemicals that are customs control, the product or substance of
presently being imported, manufactured, or which is intended for direct consumption,
used, indicating, among others, their existing merchandising, warehousing, or for further
and possible uses, test data, names of firms processing.
manufacturing or using them, and such other e) Manufacture means the mechanical or
information as may be considered relevant to chemical transformation of substances into new
the protection of health and the environment; products whether work is performed by power-
b) To monitor and regulate the importation, driven machines or by hand, whether it is done in
manufacture, processing, handling, storage, a factory or in the worker's home, and whether
transportation, sale, distribution, use and the products are sold at wholesale or retail.
disposal of chemical substances and mixtures f) Unreasonable risk means expected frequency
that present unreasonable risk or injury to of undesirable effects or adverse responses
health or to the environment in accordance arising from a given exposure to a substance.
with national policies and international g) Hazardous substances are substances which
commitments; present either:
c) To inform and educate the populace 1) short-term acute hazards, such as acute
regarding the hazards and risks attendant to toxicity by ingestion, inhalation or skin
the manufacture, handling, storage, absorption, corrosivity or other skin or eye
transportation, processing, distribution, use contact hazards or the risk of fire or
and disposal of toxic chemicals and other explosion; or
substances and mixture; and 2) long-term environmental hazards, including
d) To prevent the entry, even in transit, as chronic toxicity upon repeated exposure,
well as the keeping or storage and disposal of carcinogenicity (which may in some cases
result from acute exposure but with a long

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Environmental Law – Atty. Jeffrey Coronel Toxic Substances and Hazardous Waste (RA 6969)
latent period), resistance to detoxification f) To conduct inspection of any establishment
process such a biodegradation, the potential in which chemicals are manufactured,
to pollute underground or surface waters, or processed, stored or held before or after their
aesthetically objectionable properties such as commercial distribution and to make
offensive odors. recommendations to the proper authorities
h) Hazardous wastes are hereby defined as concerned;
substances that are without any safe commercial, g) To confiscate or impound chemicals found
industrial, agricultural or economic usage and are not falling within said acts cannot be enjoined
shipped, transported or brought from the country except after the chemicals have been
of origin for dumping or disposal into or in transit impounded;
through any part of the territory of the h) To monitor and prevent the entry, even in
Philippines. Hazardous wastes shall also refer to transit, of hazardous and nuclear wastes and
by-products, side-products, process residues, their disposal into the country;
spent reaction media, contaminated plant or i) To subpoena witnesses and documents and
equipment or other substances from to require other information if necessary to
manufacturing operations, and as consumer carry out the provisions of this Act;
discards of manufacture products. j) To call on any department, bureau, office,
i) Nuclear wastes are hazardous wastes made agency, state university or college, and other
radioactive by exposure to the radiation instrumentalities of the Government for
incidental to the production or utilization of assistance in the form of personnel, facilities,
nuclear fuels but does not include nuclear fuel, or and other resources as the need arises in the
radioisotopes which have reached the final stage discharge of its functions;
of fabrication so as to be usable for any scientific, k) To disseminate information and conduct
medical, agricultural, commercial, or industrial educational awareness campaigns on the
purpose. effects of chemical substances, mixtures and
wastes on health and environment; and
Sec. 6. Function, Powers and Responsibilities of l) To exercise such powers and perform such
the Department of Environment and Natural other functions as may be necessary to carry
Resources. - The Department of Environment and out its duties and responsibilities under this
Natural Resources shall be the implementing Act.
agency tasked with the following functions,
powers, and responsibilities: Sec. 7. Inter-Agency Technical Advisory Council.
a) To keep an updated inventory of chemicals - There is hereby created an Inter-Agency
that are presently being manufactured or Technical Advisory Council attached to the
used, indicating, among others, their existing Department of Environment and Natural
and possible uses, quality, test data, names of Resources which shall be composed of the
firms manufacturing or using them, and such following officials or their duly authorized
other information as the Secretary may representatives:
consider relevant to the protection of health Secretary of Environment
and the environment; and Natural Resources …
b) To require chemical substances and Chairman
mixtures that present unreasonable risk or Secretary of Health ...
injury to health or to the environment to be Member
tested before they are manufactured or Director of the Philippine
imported for the first time; Nuclear Research Institute ... Member
c) To require chemical substances and Secretary of Trade and Industry ...
mixtures which are presently being Member
manufactured or processed to be tested if Secretary of Science and Technology ...
there is a reason to believe that they pose Member
unreasonable risk or injury to health or the Secretary of National Defense ... Member
environment; Secretary of Foreign Affairs ...
d) To evaluate the characteristics of Member
chemicals that have been tested to determine Secretary of Labor and Employment ...
their toxicity and the extent of their effects on Member
health and the environment; Secretary of Finance ...
e) To enter into contracts and make grants for Member
research, development, and monitoring of Secretary of Agriculture ... Member
chemical substances and mixtures; Representative from a non-governmental

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Environmental Law – Atty. Jeffrey Coronel Toxic Substances and Hazardous Waste (RA 6969)
organization on health and safety ...
Member Sec. 10. Action by the Secretary of Environment
The representative from the non-governmental and Natural Resources of his Duly Authorized
organization shall be appointed by the President Representative. - The Secretary of Environment
for a term of three (3) years. and Natural Resources or his duly authorized
The Council shall have the following functions: representative shall, within ninety (90) days from
a) To assist the Department of Environment the date of filing of the notice of manufacture,
and Natural Resources in the formulation of processing or importation of a chemical
the pertinent rules and regulations for the substance or mixture, decide whether or not to
effective implementation of this Act; regulate or prohibit its importation, manufacture,
b) To assist the Department of Environment processing, sale, distribution, use or disposal. The
and Natural Resources in the preparation and Secretary may, for justifiable reasons, extend the
updating of the inventory of chemical ninety-day pre-manufacture period within a
substances and mixtures that fall within the reasonable time.
coverage of this Act;
c) To conduct preliminary evaluation of the Sec. 11. Chemical Substances Exempt from Pre-
characteristics of chemical substances and Manufacture Notification. - The manufacture of
mixtures to determine their toxicity and the following chemical substances or mixtures
effects on health and the environment and shall be exempt from pre-manufacture
make the necessary recommendations to the notification:
Department of Environment and Natural a) Those included in the categories of
Resources; and chemical substances and mixtures already
d) To perform such other functions as the listed in the inventory of existing chemicals;
Secretary of Environment and Natural b) Those to be produced in small quantities
Resources may, from time to time, require. solely for experimental or research and
developmental purposes;
Sec. 8. Pre-Manufacture and Pre-Importation c) Chemical substances and mixtures that will
Requirements. - Before any new chemical not present an unreasonable risk to health
substance or mixture can be manufactured, and the environment; and
processed or imported for the first time as d) Chemical substances and mixtures that
determined by the Department of Environment exist temporarily and which have no human
and Natural Resources, the manufacturer, or environmental exposure such as those
processor or importer shall submit the following which exist as a result of chemical reaction in
information: the name of the chemical substance the manufacture or processing of a mixture of
or mixture; its chemical identity and molecular another chemical substance.
structure; proposed categories of use; an
estimate of the amount to be manufactured, Sec. 12. Public Access to Records, Reports or
processed or imported; processing and disposal Notification. - The public shall have access to
thereof; and any test data related to health and records, reports, or information concerning
environmental effects which the manufacturer, chemical substances and mixtures including
processor or importer has. safety data submitted, data on emission or
discharge into the environment, and such
Sec. 9. Chemicals Subject to Testing. - Testing documents shall be available for inspection or
shall be required in all cases where: reproduction during normal business hours
a) There is a reason to believe that the except that the Department of Environment and
chemical substances or mixture may present Natural resources may consider a record, report
an unreasonable risk to health or the or information or particular portions thereof
environment or there may be substantial confidential and may not be made public when
human or environmental exposure thereto; such would divulge trade secrets, production or
b) There are insufficient data and experience sales figures or methods, production or processes
for determining or predicting the health and unique to such manufacturer, processor or
environmental effects of the chemical distributor, or would otherwise tend to affect
substance or mixture; and adversely the competitive position of such
c) The testing of the chemical substance or manufacturer, processor or distributor. The
mixture is necessary to develop such data Department of Environment and Natural
The manufacturers, processors or importers shall Resources, however, may release information
shoulder the costs of testing the chemical subject to claim of confidentiality to a medical
substance or mixture that will be manufactured, research or scientific institution where the infor
processed, or imported. mation is needed for the purpose of medical

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Environmental Law – Atty. Jeffrey Coronel Toxic Substances and Hazardous Waste (RA 6969)
diagnosis or treatment of a person exposed to barred from any subsequent entry into the
the chemical substance or mixture. Philippines after serving his or her sentence;
(ii) In the case of corporations or other
Sec. 13. Prohibited Acts. - The following acts and associations, the above penalty shall be
omissions shall be considered unlawful: imposed upon the managing partner,
a) Knowingly use a chemical substance or president or chief executive in addition to an
mixture which is imported, manufactured, exemplary damage of at least Five hundred
processed or distributed in violation of this Act thousand pesos (P500,000.00). If it is a
or implementing rules and regulations or foreign firm, the director and all officers of
orders; such foreign firm shall be barred from entry
b) Failure or refusal to submit reports, notices into the Philippines, in addition to the
or other information, access to records, as cancellation of its license to do business in the
required by this Act, or permit inspection of Philippines;
establishment where chemicals are (iii) In case the offender is a government
manufactured, processed, stored or otherwise official or employee, he or she in addition to
held; the above penalties be deemed automatically
c) Failure or refusal to comply with the pre- dismissed from office and permanently
manufacture and pre-importation disqualified from holding any elective or
requirements; and appointive position.
d) Cause, aid or facilitate, directly or c) Every penalty imposed for the unlawful
indirectly, in the storage, importation, or importation, entry, transport, manufacture,
bringing into Philippines territory, including its processing, sale or distribution of chemical
maritime economic zones, even in transit, substances or mixtures into or within the
either by means of land, air or sea Philippines shall carry with it the confiscation and
transportation or otherwise keeping in storage forfeiture in favor of the Government of the
any amount of hazardous and nuclear wastes proceeds of the unlawful act and instruments,
in any part of the Philippines. tools or other improvements including vehicles,
sea vessels, and aircrafts used in or with which
Sec. 14. Criminal Offenses and Penalties. - the offense was committed. Chemical substances
a) (i) The penalty of imprisonment of six (6) so confiscated and forfeited by the Government
months and one day to six (6) years and one at its option shall be turned over to the
day and a fine ranging from Six hundred Department of Environment and Natural
pesos (P600.00) to Four thousand pesos resources for safekeeping and proper disposal.
(P4,000.00) shall be imposed upon any person d) The person or firm responsible or connected
who shall violate section 13 (a) to (c) of this with the bringing or importation into the country
Act and shall not be covered by the Probation of hazardous or nuclear wastes shall be under
Law. If the offender is a foreigner, he or she obligation to transport or send back said
shall be deported and barred from any prohibited wastes; Any and all means of
subsequent entry into the Philippines after transportation, including all facilities and
serving his or her sentence; appurtenances that may have been used in
ii) In case any violation of this Act is transporting to or in the storage in the Philippines
committed by a partnership, corporation, of any significant amount of hazardous or nuclear
association or any juridical person, the wastes shall at the option of the government be
partner, president, director or manager who forfeited in its favor.
shall consent to or shall knowingly tolerate
such violation shall be directly liable and Sec. 15. Administrative Fines. - In all cases of
responsible for the act of the employee and violations of this Act, including violations of
shall be criminally liable as a co-principal; implementing rules and regulations which have
(iii) In case the offender is a government been duly promulgated and published in
official or employee, he or she shall, in accordance with Section 16 of this Act, the
addition to the above penalties, be deemed Secretary of Environment and Natural Resources
automatically dismissed from office and is hereby authorized to impose a fine of not less
permanently disqualified from holding any than Ten thousand pesos (P10,000.00), but not
elective or appointive position. more than Fifty thousand pesos (P50,000.00)
b) (i) The penalty of imprisonment of twelve (12) upon any person or entity found guilty thereof.
years and one day to twenty (20) years, shall The administrative fines imposed and collected
be imposed upon any person who shall violate by the Department of Environment and Natural
section 13 (d) of this Act. If the offender is a Resources shall accrue to a special fund to be
foreigner, he or she shall be deported and administered by the Department exclusively for

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Environmental Law – Atty. Jeffrey Coronel Toxic Substances and Hazardous Waste (RA 6969)
projects and research activities relative to toxic
substances and mixtures.

Sec. 16. Promulgation of Rules and Regulations.

- The Department of Environment and Natural
Resources, in coordination with the member
agencies of the Inter-Agency Technical Advisory
Council, shall prepare and publish the rules and
regulations implementing this Act within six
months from the date of its effectivity.

Sec. 17. Appropriations. - Such amount as may

be necessary to implement the provisions of this
Act is hereby annually appropriated and included
in the budget of the Department of Environment
and Natural Resources.

Sec. 18. Separability Clause. - If any provision of

this Act is declared void or unconstitutional, the
remaining provisions thereof not affected thereby
shall remain in full force and effect.

Sec. 19. Repealing Clause. - All laws, presidential

decrees, executive orders and issuances, and
rules and regulations which are inconsistent with
this Act are hereby repealed or modified
accordingly.

Sec. 20. Effectivity. - This Act shall take effect

after fifteen (15) days following its publication in
the Official Gazette or in any newspaper of
general circulation. Approved, October 26, 1990.