DEPARTMENT OF CIVIL ENGINEERING

College of Engineering and Design

Silliman University

ES25R-C Environmental Science and Engineering Final Group Research Paper

DAO No. 1992-29: IRR for RA6969 – Toxic Substances,

Hazardous, and Nuclear Waste Control Act of 1990

Submitted to:
Engr. Francis Robert Demetri C. Quingco, MEng.

College of Engineering & Design

Silliman University
Dumaguete City, Philippines 6200

Submitted by:
Cunanan, Christiana M. - BSCE
Tumpag, Chloe Roecia F. - BSCE
Guimbarda, Kient M. - BSCE
Regis, Angelie L. - BSCE
Erasmo, Kyle Tracy S. - BSCpE
Ortega, Ghyn Carlo M. - BSCpE
Zamora, Sam Tristan - BSEE

December 1, 2022

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 Research Outline

I. Introduction

II. Republic Act 6969, otherwise known as "Toxic Substances and

Hazardous and Nuclear Wastes Control Act of 1990"
➢ What is this Law all about?

➢ The Importance of the Law

➢ Compliance Requirement

➢ The Penalties

➢ Incident(s) Report

III. Conclusion

IV. References

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I. Introduction

With the recent progress in industrialization, industrial waste generation has been
increasing in the Republic of the Philippines. Due to the limited capacity for recycling and
treatment of the hazardous wastes generated within the Republic of the Philippines, industries
handling waste acid, waste alkaline, waste oils, and sludge containing heavy metals, in particular,
are facing difficulty in managing their hazardous wastes. It has been recognized that the public
and the environment are at risk in the use or exposure to chemicals as well as the long term damage
brought about by careless handling or disposal of hazardous wastes. Therefore, the Republic of
the Philippines enacted the RA6969, otherwise known as “Toxic Substances, Hazardous and
Nuclear Waste Act” in 1990 to control, supervise and regulate activities on toxic chemicals and
hazardous waste nationwide. Under this act, importation, manufacture, processing, handling,
storage, transportation, sale, distribution, use and disposal of all unregulated chemical substances
and mixtures in the Philippines, as well as the entry even in transit, or storage and disposal of
hazardous and nuclear wastes are regulated.
In 1992, implementing Rules and Regulation (IRR), DAO92-29 (Department
Administrative Order 29) of the Department of Environment and Natural Resources (DENR), was
issued for enforcing the RA6969. It provides for the regulation of all chemical substances that may
pose threat to public health and the environment through import, manufacture, sale, use,
distribution, and disposal as well as the regulation of all hazardous wastes from generation,
transport, storage, reuse/recycling, treatment and disposal. In addition, violators shall be subject to
fines, imprisonment, dismissal from office, confiscation and forfeiture of chemical substances and
mixtures in favor of the government, deportation and barred from entry into the Philippines in case
of foreigners.

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II. Republic Act 6969

What is this Law all about?

Republic Act 6969, also known as "Toxic Substances and Hazardous and Nuclear Wastes
Control Act of 1990" is all about maintaining track of all chemicals that are currently imported,
made, or used, including their current and potential uses, test results, names of companies that
make or use them, and any other information that may be deemed important for the protection of
human health and the environment. This Act will regulate all unregulated chemical substances and
mixtures in the Philippines, including their manufacture, processing, handling, storage,
transportation, sale, distribution, use, and disposal. It will also prohibit the entry of hazardous and
nuclear waste into the nation for any reason, even while it is in transit.
The Act also monitors, informs the populace, and educates the people in regard with the
hazards and risks to the manufactured toxic substances that requires prevention and control for the
nation to subside any illegal procedure considering the Republic Act 6969. The functions,
responsibilities and powers by all means for the Act to be mandated by the Department of
Environment and Natural Resources (DENR) which can be found in the Section 6 of this Republic
Act. Furthermore, there is an Inter-agency technical Advisory Council attached to the Department
of Environment and Natural Resources (DENR) which shall be composed of one (1) chairman and
ten (10) members; Secretary of DENR as chairman, and Secretary of DOH, Director of PNRI,
Secretary of DTI, Secretary of DOST, Secretary of DND, Secretary of DFA, Secretary of DOLE,
Secretary of DOF, Secretary of DA, Representative from NGO on Health and Safety as members.
The said council’s core function is to assist the Department of Environment and Natural Resources
(DENR).
Registration of the following is required to ensure that industrial economic growth is
achieved in an environmentally sound manner to effectively manage hazardous wastes in order to
minimize human and environmental impacts cause by industrial activities:
○ Hazardous wastes generators
○ Hazardous wastes treater
○ Hazardous wastes transporter
Control and Management is the key to subside any hazardous activities that require the
right rules and regulation in order to process and proceed with precautionary measures in handling
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toxic waste as the Republic Act 6969 jurisdiction over by the DENR.

The Importance of the Law

The following key terms are defined according to the Republic Act 6969:
1. Hazardous substances are substances which present either:
i) Short-term acute hazards, such as acute toxicity by ingestion, inhalation or skin
absorption, corrosivity or other skin or eye contact hazards or the risk of fire or explosion;
or
ii) Long-term environmental hazards, including chronic toxicity upon repeated exposure,
carcinogenicity (which may in some cases result from acute exposure but with a long latent
period), resistance to detoxification process such as biodegradation, the potential to pollute
underground or surface waters, or aesthetically objectionable properties such as offensive
odors.
2. Hazardous wastes are defined as substances that are without any safe commercial,
industrial, agricultural or economic usage and are shipped, transported or brought from the
country of origin for dumping or disposal into or in transit through any part of the territory
of the Philippines. Hazardous wastes shall also refer to by-products, side-products, process
residues, spent reaction media, contaminated plant or equipment or other substances from
manufacturing operations, and as consumer discards of manufactured products.
3. Nuclear wastes are hazardous wastes made radioactive by exposure to the radiation
incidental to the production or utilization of nuclear fuels but does not include nuclear fuel,
or radioisotopes which have reached the final stage of fabrication so as to be usable for any
scientific, medical, agricultural, commercial, or industrial purpose.

The above mentioned are substances or wastes that are capable of causing harm to a living
organism or to the environment. Given the increase in the production, importation and use of such
harmful substances, it is inevitable that the public exposure to hazardous waste also increases,
giving rise to greater risk to human health and the environment. This risk is more prominent for
the vulnerable populations which are the children and the elderly. This law is necessary to combat
these issues of concern to the natural environment and to protect human health. This law provides
a guideline so that we can protect human health as well as the environment in an effective manner.

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It is to make sure that the process of waste management does not impact the environment or human
health badly and also that waste materials are disposed of according to the set standards and
procedures. And so, we have the Department of Environment and Natural Resources (DENR) to
implement the rules and regulations and an Inter-agency technical Advisory Council to assist
DENR. Moreover, it is also required to ensure that the law is followed and any negligence may
result in various punishments or penalties.

Compliance Requirement
A pre-manufacturing or pre-importation notice must be sent to the Environmental
Management Bureau of the Department of Environment and Natural Resources (EMB-DENR) by
all makers and importers of new chemicals or existing chemicals with new uses in accordance with
RA 6969 and DAO 29. Identification, screening, and evaluation of the substance to be notified are
required. Chemical Control Orders (CCO) intended to ensure that substances that represent an
unjustified risk to the environment or to human health are properly managed. They should be
limited, replaced, or prohibited based on their inherent qualities.
The inventory must include any information that the Secretary or his lawfully authorized
agent deems important for the environment and human health's protection.
The Secretary or his/her legally appointed representative shall issue the filing, maintaining,
and keeping track of a list of chemicals that are stored, imported, exported, produced and
transported. Necessary details for the chemicals are required in order for them to be used as such.
A representative must submit a list of chemical substances that are currently used, sold, distributed,
imported, processed, manufactured, stored, exported, or transported in the Philippines to the
Department in a form that the Department may provide in order for the list to be included in the
Philippine Inventory of Chemicals and Chemical Substances. A chemical that was not listed will
be considered as a new chemical.
Chemicals that are listed in the inventory will never be used unless the Department permits
the representative. They also have to notify the Department of all the chemicals listed and have to
pay for the prescribed amount, if the notification does not comply with the requirements will be
ignored. The representative in charge who falsely lists down the information can be subjected to
legal action. They also strictly implement a priority checklist, in which chemicals or substances
have a priority over the other.

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Section 15. Pre-manufacturing And Pre-Importation Data Requirements
1. The desired information for a nomination of a chemical substance under Section 16 and the
required information for a notification of a chemical substance under Section 17 shall comprise
the following:
a. its proper chemical name;
b. its trade name or names;
c. its chemical and molecular structure;
d. its CAS number;
e. its RTECS number (if available)
f. its United Nations number (if applicable)
g. its United Nations class and subsidiary risk category (if applicable);
h. the following physical characteristics (if applicable) –
i. boiling point;
ii. melting point;
iii. specific gravity;
iv. vapor pressure;
v. appearance;
vi. odor;
vii. purity; and
viii. water/octanol partition coefficient;
i. the following chemical properties (if applicable)
i. solubility in water; and
ii. solubility in an organic solvent;
j. the following toxicological data (if applicable) –
i. measured lethal dose (median) in two species;
ii. measured lethal concentration (median) in two species;
iii. results of an irritation test on the skin and eyes of species;
iv. results of a short-term sub-lethal toxicity test on one species
k. any recommended time weighted exposure average (eight hour working day);
l. its flash point measured under close cup conditions;
m. its upper and lower explosive limits (if applicable);
n. its known stability and incompatibilities;
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 o. its carcinogenic, teratogenic and mutagenic properties;
p. the name and address of the nominating person; and
q. the anticipated volume in cubic meters or weight in tones, per annum of the
chemical substance being used, stored, manufactured, processed, offered for
sale or sold, transported, imported and exported by the nominating person.
2. The documents containing the above information shall be considered as public documents.

The Penalties
Section 13. Prohibited Acts. – The following acts and omissions shall be considered unlawful:
a) Knowingly use in chemical substance or mixture which is imported, manufactured,
processed or distributed in violation of this Act or implementing rules and regulations or orders;
b) Failure or refusal to submit reports, notices or on the information, access to records as
required by this Act, or permit inspection of establishment where chemicals are manufactured,
processed, stored or otherwise held;
c) Failure or refusal to comply with the pre-manufacture and pre-importation requirements;
and
d) Cause, aid or facilitate, directly or indirectly, in the storage, importation or bringing into
Philippine territory, including its maritime economic zones, even in transit, either by means of land,
air or sea transportation or otherwise keeping in storage any amount of hazardous and nuclear
wastes in any part of the Philippines.
Section 14. Criminal Offenses and Penalties.
a) i. The penalty of imprisonment of six (6) months and one day to six (6) years and one day
and a fine ranging from Six hundred pesos (Php600.00) to Four thousand pesos (PhP4,000.00)
shall be imposed upon any person who shall violate section 13(a) to (c) of this Act and shall not
be covered by the Probation Law. If the offender is a foreigner, he or she shall be deported and
barred from any subsequent entry into the Philippines after serving his or her sentence;
ii. In case any violation of this Act is committed by a partnership, corporation, association
or any juridical person, the partner, president, director or manager who shall consent to or shall
knowingly tolerate such violation shall be directly liable and responsible for the act of the
employees and shall be criminally liable as a co-principal; i. The penalty of imprisonment of twelve
(12) years and one day to twenty (20) years, shall be imposed upon any person who shall violate

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section 13 (d) of this Act. If the offender is a foreigner, he or she shall be deported and barred from
any subsequent entry into the Philippines after serving his or her sentence;
iii. In case the offender is a government official or employee, he or she shall in addition to
the above penalties be deemed automatically dismissed from office and permanently be
disqualified from holding any elective or appointive position.
b) i. The penalty of imprisonment of twelve (12) years and one day to twenty (20) years, shall
be imposed upon any person who shall violate section 13 (d) of this Act. If the offender is a
foreigner, he or she shall be deported and barred from any subsequent entry into the Philippines
after serving his or her sentence;
ii. In the case of corporations or other associations, the above penalty shall be imposed
upon the managing partner, president or chief executive in addition to an exemplary damage of at
least Five hundred thousand pesos (PhP500,000.00). If it is a foreign firm, the director and all
officers of such foreign firm shall be barred from entry into the Philippines, in addition to the
cancellation of its license to do business in the Philippines;
iii. In case the offender is a government official or employee, he or she shall in addition to
the above penalties be deemed automatically dismissed from office and permanently be
disqualified from holding any elective or appointive position.
c) Every penalty imposed for the unlawful importation, entry, transport, manufacture,
processing, sale or distribution of chemical substances or mixtures into or within the Philippines
shall carry with it the confiscation and forfeiture in favor of the Government of the proceeds of the
unlawful act and instruments, tools or other improvements including vehicles, sea vessels and
aircraft used in or with which the offense was committed. Chemical substances confiscated and
forfeited by the Government at its option shall be turned over to the Department of Environment
and Natural Resources for safekeeping and proper disposal.
d) The person or firm responsible or connected with the bringing or importation into the
country of hazardous or nuclear wastes shall be under obligation to transport or send back said
prohibited wastes;
Any and all means of transportation, including all facilities and appurtenances that may have been
used in transporting to or in the storage in the Philippines of any significant amount of hazardous
or nuclear wastes shall at the option of the government be forfeited in its favor.
Section 15. Administrative Fines. – In all cases of violations of this Act, including violations of
implementing rules and regulations which have been duly promulgated and published in
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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 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
Resources shall accrue to a special fund to be administered by the Department exclusively for
projects and research activities relative to toxic substances and mixtures.

Incident(s) Report
A man caught in Batangas for illegal discharge of hazardous waste
A man in Batangas was arrested because of illegal discharge of hazardous waste from used
drums allegedly containing chemicals. The man, identified as Romano Cabrera, was said to be
facing multiple charges filed against him by the Department of Environment and Natural
Resources (DENR) which include the violation of the Republic Act 6969 otherwise known as the
Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990.
The suspect was said to be the owner of the lot located in Barangay Bayudbod, Tuy,
Batangas, where drums containing chemicals used for making soap are being washed. The police
officer said that the illegal discharge of hazardous waste caused great damage to the nearby stream
resulting in a fish kill. The suspect then was detained at Tuy, Batangas Police Station facing
multiple charges. The DENR’s Environmental Management Bureau was reported on-site to check
the water quality in the area and to determine what kind of chemicals were dumped by the suspect.
Importers, brokers charged for smuggling of chemicals
Some criminal complaints were filed by the Bureau of Customs against 2 importers and 2
customs brokers last May 28, 2021. The first complaint is against P63 Construction Supplies
Trading and its customs broker. 180 drums of sodium cyanide (98%) worth P1.45 million were
illegally imported into the Philippines. The goods arrived without the necessary import permit or
clearance from the Environmental Management Bureau of the Department of Environment and
Natural Resources (EMB-DENR).
The respondents violated pertinent provisions of the CMTA, Republic Act No. 6969. As of
press time, there are 38 criminal complaints filed before the Department of Justice (DOJ) against
unscrupulous importers and customs brokers, and 23 administrative complaints filed against errant
customs brokers. The complaints were filed by the Bureau's Action Team Against Smugglers

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(BATAS), Law Division and Office of the District Collector of the MICP.

III. Conclusion

Republic Act 6969 makes provisions in order to regulate, restrict and/or prohibit the
importation, manufacture, processing, sale, distribution, use and disposal of chemical substances
and mixtures presenting risk and/or injury to human and animal health or to the environment; it
provides for the prohibition of entry and transit of hazardous and nuclear wastes and their disposal
into the Philippine while encouraging research and studies on toxic chemicals. The provisions of
this Act shall cover the importation, manufacture, processing, handling, storage, transportation,
sale, distribution, use and disposal of all unregulated chemical substances and mixtures, including
entry, transit, storage and disposal of hazardous and nuclear wastes into the country for whatever
purpose.
Toxic waste can harm people, animals, and plants which could lead to environmental,
economic and societal problems. An inefficient waste management system may create serious
negative environmental impacts like infectious diseases, land and water pollution, obstruction of
drains and loss of biodiversity. It doesn’t only affect the environment, the air we breathe, the water
we drink, the food we eat, when these things get contaminated, it can also affect us, humans. Hence,
proper methods of waste disposal have to be undertaken to ensure that it does not affect the
environment around the area or cause health hazards to the people living there. For this reason, it
is only essential to have a law that will set guidelines for the people to protect themselves as well
as the environment in an effective manner.

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IV. References

Republic Act No. 6969 | GOVPH. (1990, October 26). Retrieved November 30, 2022, from
https://www.officialgazette.gov.ph/1990/10/26/republic-act-no-6969/
Republic Act No. 6969. (n.d.). Retrieved November 30, 2022, from http://www.wepa-
db.net/policies/law/philippines/ra6969.htm
Importers, Brokers Charged for Smuggling of Chemicals, Medical Equipment Worth P2.4-
M | Bureau of Customs. (2021, June 1). Retrieved November 30, 2022, from
https://customs.gov.ph/importers-brokers-charged-for-smuggling-of-chemicals-medical-
equipment-worth-p2-4-m/
Health impacts of solid waste. (n.d.). Retrieved November 30, 2022, from
http://edugreen.teri.res.in/explore/solwaste/health.htm
Man nabbed in Batangas for illegal discharge of hazardous waste | News and Information
Bureau (NIB). (2020, August 20). Retrieved November 30, 2022, from
https://www.pna.gov.ph/articles/1112944

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