O O <' Rw i OF the Phi Depantncat ot nvionent and wal Resouces — Visayas Avni, Dinan. ura Ci =— Toi ths 3) 920 8020 tw P= MS en Be 7 fo 098 66.90 22H onset MEMORANDUM CIRCULAR NO. 2402-0, ‘ye Series of 2002 o sme 12 ae suaJEcT CLARIFICATION ON ‘HE INCINERATOR BAN IN THE PHILIPPINE CLEAN AIR ACT OF 1999 (REPUBLIC ACT NO. 8749) pa uant to Section 20 of Republic Act No. 8749 otherwise known as lhe “Philippine Cloan Ai fet of 1999," incineration for treating municipal, bio-medical arid hazardous’ wastes whe paces ents poisonous and toxic fumes is prohibited. Further, Section St of the seme Rec Selves polgonous and toxic fumes as emissiovs and fumes which are beyond intemationaly dgahled standarels, including but not lined wo World Health Organization (WHO) guidele values. tet la, decision of the Supreme Couit in the case of the Metto Maria Developmer Authority (MMDA) versus Jaricom Environinental Corporation G.R. No. 147465 dated so january 2002, it held in agreement with the ruling of the Court of Appeals on 12 November 20ct pc eeeeton 29 of RA 0749 does nt prohibit inciteration of wastes oxcopt those busing seesgeses which emit poisonous and toxic fumes. Quoted hereunder is an excerpt of sant decision, “Section 20 does nol absolutely prohibit inemeration as a mode of waste disposal; rather only those buming processes whicl emit poisonous and tore Funes are bamed.” treaty of he Supreme Court decision, this Memorandum Circular hereby clarifies that any Nermal treatment technology, whether burn or non-burn as defined in DAO 2000-81. they nests the emission standard for stationary sources as listed in Section 19 of RA 8749 and Complies with all other relevant provisions of RA 6749 and other applicable laws of the Republic, 's allowed to be operated in the country. However, in the meantine that this office has insullcient capabities with respect to the ‘monitoring of emission from municipal solid waste incineration, Le. personnel, equipment, infrastructure, etc,, this Memorandum Circular covers only the incineration of toate and hazardous 8 well as medical and bio-mecical wastes, in’ view of the limlled appropriate disposal techniques and procedures for said wastes, Toxic and hazardous wastes are ines defined in RA 6969 while medical and bio-medical wastes are those indicated in RA 8749 ond iis Implementing Rules and Regulations (DENK, Administrative Order No. 2000-81, Series of 2000). Moreover, incineration of said wastes shall only be allowed in state-of-the-art faciities which are proven to emit minimal air pollutants, the concentrations of which shall meet the standards as brovided for in RA 8749 and its Iniplementing Rules and Regulations. The Environmental Management Gureau (EMB) shall issue the appropriale technical and procedural guidelines necessary to facilitate implementation of this Circular, Let's Go Green