RA 6969; Features, Implications to Industry and Challenges in Implementation

8/18/2019 RA 6969; Features, Implications to Industry and Challenges in Implementation

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RA 6969

Features, Implications toIndustry and Challenges

in Implementation

VICTOR G. A!"A#IO, $C$A%%CAT&'una(an, Agusan del %ur

!$"&$C$ ), *%e"


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Repu+lic Act 6969

Features

&&&&&&&&&&&&&&&&&&&&&&&Implications to Industry

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

Challenges in Implementations


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Repu+lic Act 6969 - %ections/

%ection

%ection

%ection

%ection

%ection

%ection

).

-.

0.

1.

2.

6.

%hort Title

#eclaration o3 "olicy

%cope

O+4ecti5es

#e3inition

Functions, "o(ers and Responsi+ilities o3 the#$R.

%ection

%ection

%ection%ection

7. Inter&agency Technical Ad5isory Council.

8. "re&!anu3acturing and "re&Importation

Reuirements.

9. Chemicals %u+4ect to Testing.). Action +y the %ecretary o3 $n5ironment

and atural Resources or his #uly

Authori:ed Representati5e.


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Repu+lic Act 6969 - %ections/

%ection )). Chemical %u+stance $;empt 3rom the

"re&!anu3acture oti3ication.

%ection )-. "u+lic Access to Records, Reports or

oti3ication.

%ection )0. "rohi+ited Acts.

%ection )1. Criminal O33enses and "enalties.%ection )2. Administrati5e Fines.

%ection )6. "romulgation o3 Rules and Regulations.

%ection )7. Appropriation.

%ection )8. %epara+ility Clause.

%ection )9. Repealing Clause. %ection-. $33ecti5ity.

%ignatories


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A ACT TO COTRO TO


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%ection ).

%hort Title

This Act shall +e @no(n as theToxic Substances and Hazardous

and Nuclear Wastes Control Act

of 1990 .


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%ection -

#eclaration o3 "olicy

It is the policy o3 the %tate to regulate, restrict

or prohi+it the importation, manu3acture,

processing, sale, distri+ution, use and disposal o3

chemical su+stances and mi;tures that present

unreasona+le ris@ andBor in4ury to health or the

en5ironment to prohi+it the entry, e5en in transit,

o3 ha:ardous and nuclear (astes and their disposal

into the "hilippine territorial limits 3or (hate5erpurpose and to pro5ide ad5ancement and 3acilitate

research and studies on to;ic chemicals.


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%ection 0

%cope

This Act shall co5er the importation,

manu3acture, processing, handling, storage,

transportation, sale, distri+ution, use and disposal

o3 all unregulated chemical su+stances and mi;tures

in the "hilippines, including the entry e5en in

transit, as (ell as the @eeping or storage and

disposal o3 ha:ardous and

nuclear (astes into the country 3or (hate5er"urposes.


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%ection 1

O+4ecti5es

The O+4ecti5es o3 this Act areD

a/ To @eep an in5entory o3 chemicals that are presently

+eing imported, manu3actured, or used indicating,among others, their e;isting and

possi+le uses, test data, names o3 3irms

manu3acturing or using them, and such other

in3ormation as may +e considered rele5ant to the

protection o3 health and the en5ironment


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%ection 1

O+4ecti5es


+/ To monitor and regulate the importation,

manu3acture, processing, handling, storage,transportation, sale, distri+ution, use and

disposal o3 chemical su+stances and mi;tures that

present unreasona+le ris@ or in4ury to health or to

the en5ironment in accordance (ith national

policies and international commitments


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%ection 1

O+4ecti5es


c/ To in3orm and educate the populace regarding the

ha:ards and ris@s attendant to the manu3acture,handling, storage, transportation, processing,

distri+ution, use and disposal o3 to;ic chemicals

and other su+stances and mi;tures and

d/ To pre5ent the entry, e5en in transit, as (ell as the@eeping or storage and disposal o3 ha:ardous and nuclear

(astes into the country 3or (hate5er purpose.


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%ection 2

#e3initionAs used in this ActD

a/ Chemical su+stance means any organic orinorganic su+stance o3 a particular molecular

identity, includingD

i/ Any com+ination o3 such su+stances occurring in

(hole or in part as a result o3 chemical

reaction or occurring in natureD and

ii/ Any element or uncom+ined chemical.


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%ection 2


+/ Chemical mi;ture means any com+ination o3 t(o or

more chemical su+stances i3 the com+ination does not

occur in nature and is not, in (hole or in part, the resulto3 a chemical reaction, i3 none o3

the chemical su+stances comprising the com+ination

is a ne( chemical su+stance and i3 the com+ination

could ha5e +een manu3actured 3or commercial

purposes (ithout a chemical reaction at the time thechemical su+stances comprising the com+ination (ere

com+ined. This shall include non&+iodegrada+le mi;tures.


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%ection 2


c/ "rocess means the preparation o3 a chemicalsu+stance or mi;ture a3ter its manu3acture 3or

commercial distri+utionD

i/ In the same 3orm or physical state or in a di33erent

3orm or physical state 3rom that (hich it (as recei5ed +y

the person so preparing such

su+stance or mi;ture or

ii/ As part o3 an article containing a chemical su+stance

or mi;ture.


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%ection 2


d/ Importation means the entry o3 a product orsu+stance into the "hilippines through the

seaports or airports o3 entry/ a3ter ha5ing +een properlycleared through or still remaining under

customs control, the product or su+stance o3 (hich

is intended 3or direct consumption, merchandising,

(arehousing, 3or 3urther processing.


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%ection 2


e/ !anu3acture means the mechanical or chemicaltrans3ormation o3 su+stances into ne( products (hether

(or@ is per3ormed +y po(er&dri5en machines or +y hand,(hether it is done in a 3actory or in

the (or@erEs home, and (hether the products are

sold at (holesale or retail.


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%ection 2


3/ =a:ardous su+stances are su+stances (hichpresent eitherD

)/ short&term acute ha:ards such as acute to;icity

+y ingestion, inhalation or s@in a+sorption,

corrosi5ity or other s@in or eye contact ha:ard

or the ris@ o3 3ire or e;plosion or


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%ection 2

#e3inition

As used in this ActD

-/ long&term en5ironmental ha:ards, including

chronic to;icity upon repeated e;posure,carcinogenicity (hich may in some cases result 3rom

acute e;posure +ut (ith a long latent period, resistance

to deto;i3ication process such as

+iodegradation, the potential to pollute

underground or sur3ace (aters, or aestheticallyo+4ectiona+le properties such as o33ensi5e odors.


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%ection 2

#e3inition


g/ =a:ardous (astes are here+y de3ined assu+stances that are (ithout any sa3e commercial,

industrial, agricultural or economic usage and areshipped, transported or +rought 3rom the country o3

origin 3or dumping or disposal into or in transit

through any part o3 the territory o3 the "hilippines.

=a:ardous (astes shall also re3er to +y&products, side&

products, process residues, spent reaction media,contaminated plant or euipment or other su+stances

3rom manu3acturing operations, and as consumer discards

o3 manu3actured products.


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%ection 2

#e3inition


h/ uclear (astes are ha:ardous (astes maderadioacti5e +y e;posure to the radiation incidental to the

production or utili:ation o3 nuclear 3uels +ut does notinclude nuclear 3uel, or radioisotopes (hich ha5e

reached the 3inal stage o3 3a+rication so as to +e usa+le

3or any scienti3ic, medical,

agricultural, commercial, or industrial purpose.


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%ection 6

Functions, "o(ers and Responsi+ilities o3 the#epartment o3 $n5ironment

and atural Resources

The #epartment o3 $n5ironment and atural Resources

shall +e the implementing agency tas@ed (ith the3ollo(ing 3unctions, po(ers, and responsi+ilitiesD

a/ To @eep an updated, in5entory o3 chemicals thatare presently +eing manu3actured or used,

indicating, among others, their e;isting and possi+le

uses, uantity, test data, names o3 3irms manu3acturing

or using them, and such other in3ormation as the

%ecretary may consider rele5ant

to the protection o3 health and the en5ironment


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%ection 6


and atural Resources.

+/ To reuire chemical su+stances and mi;tures that

present unreasona+le ris@ or in4ury to health or to theen5ironment to +e tested +e3ore they are

manu3actured or imported 3or the 3irst time

c/ To reuire chemical su+stances and mi;tures

(hich are presently +eing

manu3actured or processed to +e tested i3 there is

a reason to +elie5e that they pose

unreasona+le ris@ or in4ury to health and the

en5ironment


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%ection 6



d/ To e5aluate the characteristics o3 chemicals that ha5e

+een tested to determine their to;icity and the e;tent totheir e33ects on health and the

en5ironment

e/ To enter into contracts and ma@e grants 3or research,

de5elopment, and monitoring o3 chemical

su+stances and mi;tures


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%ection 6



3/ To conduct inspection o3 any esta+lishment in (hich

chemicals are manu3actured, processed, storedor held +e3ore or a3ter their commercial

distri+ution and to ma@e recommendations to the

proper authorities concerned

g/ To con3iscate or impound chemicals 3ound not

3alling (ithin the standard set +y the

rules and regulations and the said acts cannot +e

en4oined e;cept a3ter the chemicals ha5e +een

impounded


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%ection 6



h/ To monitor and pre5ent the entry, e5en in transit, o3

ha:ardous and nuclear (astes and theirdisposal into the country

i/ To su+poena (itnesses and documents and to reuire

other in3ormation i3 necessary to carry out

the pro5isions o3 this Act


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%ection 6



4/ To call on any department, +ureau, o33ice, agency,

state uni5ersity or college, and other instrumentalities o3the Go5ernment 3or assistance in the 3orm o3 personnel,

3acilities, and other resources as the need arises in the

discharge o3

its 3unctions

@/ To disseminate in3ormation and conducteducational a(areness campaign on the e33ects o3

chemical su+stances, mi;tures and (astes on health

and en5ironment and


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%ection 6



l/ To e;ercise such po(ers and per3orm such other3unctions as may +e necessary to carry out its duties

and responsi+ilities under this Act.


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%ection 7

Inter&agency Technical Ad5isory Council

There is here+y created an Inter&agency Technical Ad5isory Council

attached to the #epartment o3 $n5ironment and atural Resources

(hich shall +e composed o3 the 3ollo(ing o33icials or

their duly authori:ed representati5esD

%ecretary o3 #$R & Chairman

%ecretary o3 #O= & !em+er

#irector o3 "RI & !em+er

%ecretary o3 #TI & !em+er

%ecretary o3 #O%T & !em+er

%ecretary o3 ational #e3ense & !em+er

%ecretary o3 Foreign A33airs & !em+er

%ecretary o3 a+or and $mployment & !em+er

%ecretary o3 Finance & !em+er

%ecretary o3 Agriculture & !em+er

Representati5e 3rom the non&go5ernmental

Organi:ation on health and sa3ety & !em+er


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%ection 7


The representati5e 3rom the non&go5ernmentalorgani:ation shall +e appointed +y the

"resident 3or a term o3 three 0/ years.

The council shall ha5e the 3ollo(ing 3unctionsD

a/ To assist the #epartment o3 $n5ironment and

atural Resources in the 3ormulation o3 thepertinent rules and regulations 3or the

e33ecti5e implementation o3 this Act


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%ection 7


+/ To assist the #epartment o3 $n5ironment and

atural Resources in the preparation and

updating o3 the in5entory o3 chemical

su+stances and mi;tures that 3all (ithin theco5erage o3 this Act

c/ To conduct preliminary e5aluation o3 the

characteristics o3 chemical su+stances andmi;tures to determine their to;icity and e33ects on

health and the en5ironment and ma@e the necessary

recommendations to the #epartment

o3 $n5ironment and atural Resources and


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%ection 7


d/ To per3orm such other 3unctions as the %ecretary

o3 $n5ironment and atural Resources may 3rom

time to time, reuire.


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%ection 8

"re&!anu3acturing and "re&Importation Reuirements.

'e3ore any ne( chemical su+stances or mi;ture can +e

manu3actured, processed or imported 3or the 3irst time

as determined +y the #epartment o3

$n5ironment and atural Resources, themanu3acturer, processor or importer shall su+mit the

3ollo(ing in3ormationD the name o3 the chemical

su+stances its chemical identity and molecular

structure proposed categories o3 use an estimate o3 the

amount to +e manu3actured, processed or importedprocessing and disposal thereo3 and any test data

related to health and en5ironmental e33ects (hich the

manu3acturer, processor or importer has.


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%ection 9

Chemicals %u+4ect to Testing

Testing shall +e reuired in all cases (hereD

a/ There is a reason to +elie5e that the chemical su+stances or

mi;ture may present an unreasona+le ris@ to

health or en5ironmental e;posure thereto+/ There are insu33icient data and e;perience 3or determining or

predicting the health and en5ironmental

e33ects o3 the chemical su+stance or mi;ture and

c/ The testing o3 the chemical su+stance or mi;ture is necessary

to de5elop such data.

The manu3acturers, processors or importers shall shoulder the

costs o3 testing the chemical su+stance or mi;ture that (ill +e

manu3actured, processed or imported.


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%ection )

Action +y the %ecretary o3 $n5ironment and

atural Resources or his #uly Authori:ed

Representati5e

The %ecretary o3 $n5ironment and atural

Resources or his duly authori:ed representati5e shall,(ithin ninety 9/ days 3rom the date o3 3iling o3 the

notice o3 manu3acture, processing or importation o3 a

chemical su+stance or mi;ture, decide (hether or not

to regulate or

prohi+it its importation, manu3acture,processing, sale, distri+ution, use or disposal. The

%ecretary may, 3or 4usti3ia+le reasons, e;tend the

ninety&day pre&manu3acture period (ithin a reasona+le

time.


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%ection ))

Chemical %u+stance $;empt 3rom the "re&

!anu3acture oti3ication

The manu3acture o3 the 3ollo(ing chemical su+stances mi;tures

shall +e e;empt 3rom pre&manu3acture noti3icationDor

a/ Those included in the categories o3 chemical su+stances andmi;tures already listed in the in5entory o3 e;isting chemicals +/

Those to +e produced in small uantities solely 3or

e;perimental or research and de5elopment purposes

c/ Chemical su+stances and mi;tures that (ill not present an

unreasona+le ris@ to health and the en5ironment and

d/ Chemical su+stances and mi;tures that e;ist temporarily and (hichha5e no human or en5ironmental e;posure such as those (hich e;ist

as a result o3 chemical reactions in the manu3acture or processing o3

a mi;ture o3 another chemical su+stance.


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%ection )-

"u+lic Access to Records, Reports or oti3ication

The pu+lic shall ha5e access to records, reports or in3ormation

concerning chemical su+stances and mi;tures including sa3ety data

su+mitted, data on emission or discharge into the en5ironment, and

such documents shall +e a5aila+le 3or inspection or reproduction

during normal +usiness hours e;cept that the in3ormation or particular

person thereo3 con3idential and may not +e made pu+lic (hen such(ould di5ulge trade

secrets, production or sales 3igures or methods, production or

processes uniue to such manu3acturer, processor, or

distri+utor or (ould other(ise tend to a33ect ad5ersely the

competiti5e position o3 such manu3acturer, processor or distri+utor.

The #epartment o3 $n5ironment and atural Resources, ho(e5er, may

release in3ormation su+4ect to claim o3 con3identiality to a medical

research or scienti3ic institution (here the in3ormation is needed 3or

the purpose o3 medical diagnosis or treatment o3 a person e;posed to

the chemical su+stance or mi;ture.


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%ection )0

"rohi+ited Acts

The 3ollo(ing acts and omissions shall +e

considered unla(3ulD

a/ no(ingly use in chemical su+stance ormi;ture (hich is imported, manu3actured,

processed or distri+uted in 5iolation o3 this Act or

implementing rules and regulations or

orders


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%ection )0

"rohi+ited Acts



+/ Failure or re3usal to su+mit reports, notices oron the in3ormation, access to records as reuired

+y this Act, or permit inspection o3 esta+lishment

(here chemicals are manu3actured, processed,

stored or other(iseheld


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%ection )0

"rohi+ited Acts



c/ Failure or re3usal to comply (ith the pre&manu3acture and pre&importation reuirements

and


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%ection )0

"rohi+ited Acts



d/ Cause, aid or 3acilitate, directly or indirectly, inthe storage, importation or +ringing into "hilippine

territory, including its maritime economic :ones,

e5en in transit,

either +y means o3 land, air or seatransportation or other(ise @eeping in storage any

amount o3 ha:ardous and nuclear (astes in any part

o3 the "hilippines.


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%ection )1

Criminal O33enses and "enalties

a/ i/ The penalty o3 imprisonment o3 si; 6/ months

and one day to si; 6/ years and one day and a 3ine

ranging 3rom %i; hundred pesos

"hp6./ to Four thousand pesos"h"1,./ shall +e imposed upon any person (ho

shall 5iolate section )0a/ to c/ o3 this Act and shall

not +e co5ered +y the "ro+ation a(. I3 the o33ender

is a 3oreigner, he or she

shall +e deported and +arred 3rom any

su+seuent entry into the "hilippines a3ter

ser5ing his or her sentence


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%ection )1


a/ iii/ In case the o33ender is a go5ernment o33icial

or employee, he or she shall, in addition to the

a+o5e penalties, +e deemed

automatically dismissed 3rom o33ice andpermanently disuali3ied 3rom holding any electi5e

or appointi5e position.


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%ection )1


+/ i/ The penalty o3 imprisonment o3 t(el5e )-/

years and one day to t(enty -/ years, shall +e

imposed upon any person (ho shall 5iolate section

)0 d/ o3 this Act. I3 the o33ender is a 3oreigner, he or she shall +e deported and +arred 3rom any

su+seuent entry into the "hilippines a3ter ser5ing

his or her

sentence


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%ection )1


+/ ii/ In the case o3 corporations or other

associations, the a+o5e penalty shall +e imposed

upon the managing partner, president or chie3

e;ecuti5e in addition to an e;emplary damage o3 atleast Fi5e hundred thousand pesos "h"2,./.

I3 it is a 3oreign 3irm, the director and all o33icers o3

such 3oreign 3irm

shall +e +arred 3rom entry into the

"hilippines, in addition to the cancellation o3

its license to do +usiness in the "hilippines


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%ection )1


+/ iii/ In case the o33ender is a go5ernment o33icial

or employee, he or she shall in addition to the

a+o5e penalties +e deemed

automatically dismissed 3rom o33ice andpermanently +e disuali3ied 3rom holding any

electi5e or appointi5e position.


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%ection )1


c/ $5ery penalty imposed 3or the unla(3ul importation, entry,

transport, manu3acture, processing, sale or distri+ution o3

chemical su+stances or mi;tures into or (ithin the "hilippines

shall carry (ith it the con3iscation and 3or3eiture in 3a5or o3 the

Go5ernment o3 the proceeds o3 the unla(3ul act andinstruments, tools or other impro5ements including 5ehicles, sea

5essels and aircra3t used in or (ith (hich the o33ense (as

committed.

Chemical su+stances so con3iscated and 3or3eited +y the

Go5ernment at its option shall +e turned o5er to the #epartmento3 $n5ironment and atural Resources 3or sa3e@eeping and

proper disposal.


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%ection )1


d/ The person or 3irm responsi+le or connected (ith

the +ringing or importation into the country o3

ha:ardous or nuclear (astes shall +e under

o+ligation to transport or send +ac@ saidprohi+ited (astes

Any and all means o3 transportation, including all

3acilities and appurtenances that may ha5e +een

used in transporting to or in the storage in the

"hilippines o3 any signi3icant amount o3 ha:ardous

or nuclear (astes shall at the option o3 the

go5ernment +e 3or3eited in its 3a5or.


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%ection )2

Administrati5e Fines

In all cases o3 5iolations o3 this Act, including 5iolations o3

implementing rules and regulations (hich ha5e +een duly

promulgated and pu+lished in accordance (ith %ection )6 o3 this

Act, the %ecretary o3 $n5ironment an atural Resources is

here+y authori:ed to impose a 3ine o3 not less than Ten thousandpesos "hp),./, +ut not more than Fi3ty thousand pesos

"h"2,./ upon any person or entity 3ound guilty thereo3.

The administrati5e 3ines imposed and collected +y the

#epartment o3 $n5ironment and atural Resources shall accrue

to a special 3und to +e administered +y the#epartment e;clusi5ely 3or pro4ects and research

acti5ities relati5e to to;ic su+stances and mi;tures.


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%ection )6

"romulgation o3 Rules and Regulations

The #epartment o3 $n5ironment and atural Resources, in

coordination (ith the mem+er agencies o3 the Inter&Agency

Technical Ad5isory Council, shall prepare and pu+lish the rules

and regulations implementing this Act (ithin si; months 3rom

the date o3 its e33ecti5ity.

%ection )7

Appropriation

%uch amount as may +e necessary to implement the pro5isions

o3 this Act is here+y annually appropriated and included in the

+udget o3 the #epartment o3 $n5ironment and atural Resources.


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%ection )8

%epara+ility Clause

I3 any pro5ision o3 this Act is declared 5oid or

unconstitutional, the remaining pro5isions thereo3 not a33ected

there+y shall remain in 3ull 3orce and e33ect.

%ection )9

Repealing Clause

All la(s, presidential decrees, e;ecuti5e orders and issuances,

and rules and regulations (hich are inconsistent (ith this Act are

here+y repealed or modi3ied accordingly.

%ection -

$33ecti5ity

This Act shall ta@e e33ect a3ter 3i3teen )2/ days 3ollo(ing

its pu+lication in the O33icial Ga:ette or in any ne(spaper o3 general

circulation.


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Ch ll i I l t ti


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Challenges in Implementation

). Improper #isposal =ospitals, Industrial/

-. ot pulling out o3 e;pired products

0. "eople a(areness a+out RA 6969

1. Corruption in the "hilippine Customs

2. Imposed 3ines and penalties o3 RA 6969


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C


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CStricter toxic waste law eyedBy Mikas Matsuzawa, CNN Philippines

Updated 13:1 PM P!" Sun, #u$ust %, %&1'

C "hilippines/ ( Me)*ers o+ the !ouse *elon$in$ to theMaka*ayan *loc want stricter toxic and hazardous wastes law in

the country with this )essa$e in )ind: "he Philippines is not

other countries $ar*a$e can- ./ur laws are $ood and well

intentioned *ut we ha0e pro*le)s in i)ple)entation,. ep- 2uz

la$an o+ 4a*riela 5o)ens Party 645P7 said Monday 6#pril 137-

la$an ar$ued that the a)end)ents seek to i)pro0e an

.anti8uated law-. !e called P9,&&& as a measly sum that could

encoura$e a .culture o+ i)punity-. ."hey can $o on and continue

th i l ti . h id

http://cnnphilippines.com/tags/author/Mikas_Matsuzawahttp://cnnphilippines.com/tags/author/Mikas_Matsuzawa


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the 0iolation,. she said-

Implications to Industry


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Implications to Industry

). *pdated in5entory o3 chemicals that are presently +eing

imported, manu3actured, or used

-. monitored and regulated the importation, manu3acture,processing, handling, storage, transportation, sale,

distri+ution, use and disposal o3 chemical su+stances and

mi;tures that present unreasona+le ris@ or in4ury to health or to the

en5ironment in accordance (ith national policiesand international commitments

0. a(are and educated populaceBinha+itants regarding the

ha:ards and ris@s attendant to the manu3acture, handling, storage,

transportation, processing, distri+ution, use and disposal o3 to;ic

chemicals and other su+stances andmi;tures and

1. pre5ented entry, @eeping or storage and disposal o3

ha:ardous and nuclear (astes into the country 3or (hate5er

purpose.


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T=A

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Documents

RA 6969; Features, Implications to Industry and Challenges in Implementation