320195085 Republic Act 6969 Summary

REPUBLIC ACT 6969 Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990

Approved by the President at October 26, 1990 Objectives To keep an inventory of chemicals that are presently being imported, manufactured, or used, indicating, among others, their existing and possible uses, test data, names of firms manufacturing or using them, and such other information as may be considered relevant to the protection of health and the environment;

Chemical substance means any organic or inorganic substance of a particular molecular identity, including: a)Any combination of such substances occurring in whole or in part as a result of chemical reaction or occurring in nature; and b)Any element or uncombined chemical.

Chemical mixture means any combination of two or more chemical substances if the combination does not occur in nature and is not, in whole or in part, the result of a chemical reaction, if none.

Objectives

*To inform and educate regarding the hazards and risks Manufacture, handling, storage, transportation, processing, distribution, use and disposal *To prevent the entry, even in transit, as well as the keeping or storage and disposal of hazardous and nuclear wastes into the country Functions, Power and Responsibilities *To require chemical substances and mixtures presently being manufactured or processed to be tested if they pose unreasonable risk or injury

*To evaluate the characteristics of chemicals that have been tested to determine their toxicity and the extent of their effects *To enter into contracts and make grants for research, development, and monitoring of chemical substances and mixtures *To conduct inspection of any establishment in which chemicals are manufactured, processed, stored or held *To confiscate or impound chemicals found not falling within said acts *To monitor and prevent the entry, even in transit, of hazardous and nuclear wastes and their disposal into the country

Chemicals Subject to Testing

-There is a reason to believe that the chemical substances or mixture may present an unreasonable risk to health or the environment -There are insufficient data and experience for determining or predicting the health and environmental effects

-The testing of the chemical substance or mixture is necessary to develop such data

Section 12. Public Access to Records, Reports or Notification

DENR may release information subject to claim of confidentiality to a medical research or scientific institution where the information is needed for the purpose of medical diagnosis or treatment of a person

Section 13. Prohibited Acts

a.) Knowingly use a chemical substance or mixture which is imported, manufactured, processed or distributed in violation of the Act b.) Failure or refusal to submit reports, notices or other information, access to records, as required by this Act c.) Failure or refusal to comply with the pre-manufacture and pre-importation requirements d.) Cause, aid or facilitate, directly or indirectly, in the storage, importation, or bringing into Philippines territory any amount of hazardous and nuclear wastes in any part of the Philippines

Section 14. Criminal Offenses and Penalties

-Confiscated and forfeited chemical substances shall turn over to DENR for safekeeping or proper disposal

-Person or firm responsible or connected with bringing or importation into the country of hazardous or nuclear wastes shall be obligated to transport or send it back

Section 15. Administrative Fines The Secretary of Environment and Natural Resources is authorized to impose a fine of not less than 10,000.00, but not morethan 50,000.00 upon any person or entity found guilty

* Violators shall be subject to fines, imprisonment, dismissal from office, confiscation and forfeiture chemical substances and mixtures in favor of the government * Deportation and banned from entry into the Philippines in case of foreigner violators

Section 20. Effectivity

The Act shall take effect after 15 days following its publication or in any newspaper of general circulation

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Republic Act No. 6969 or the Tox ic Substances and Hazardous and Nuclear Waste Control Act of 1990 Year of Enactment and Implementation

Enacted and Implemented in 1990

Purpose

Control of Toxic Substances and Hazardous and Nuclear Waste

Control Area

Nationwide

Overview

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Features

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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 To control, supervise and regulate activities on toxic chemicals and hazardous waste. 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. The Department of Environment and Natural Resources shall be the implementing agency and shall be assisted by the InterAgency Advisory Council 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, re-use/recycling, treatment and disposal 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: o Hazardous wastes generators o Hazardous wastes treater Hazardous wastes transporter o Violators shall be subject to fines, imprisonment, dismissal from office, confiscation and forfeiture chemical substances and mixtures in favor of the government, deportation and barred from entry into the Philippines in case of foreigner

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Source : https://prezi.com/f7hy_7gu9t3l/the-republic-act-6969/ Scope This Act shall cover the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use and disposal of all unregulated chemical substances and mixtures in the Philippines Policy It is the policy of the State to regulate, restrict or prohibit the importation, manufacture, processing, sale, distribution, use and disposal of chemical substances and mixtures that present unreasonable risk and/or injury to health or the environment The Role of the Department of Environment and Natural Resources The DENR is tasked to keep an inventory of chemicals, test potential hazardous substances, evaluate, monitor, subpoena witnesses and disseminate information The Inter-Agency Technical Advocacy Council There is hereby created an Inter-Agency Technical Advisory Council attached to the Department of Environment and Natural Resources; it shall assist the DENR to create pertinent rules and regulations related to this act. Prohibition Penalties 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 (P600.00) to Four thousand pesos (P4,000.00) 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. Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTES, PROVIDING VIOLATIONS THEREOF, AND FOR OTHER PURPOSES a) To keep anPENALTIES inventory ofFOR chemicals as may be considered relevant to the protection of health and the environment; b) To monitor and regulate the use and disposal of chemical substances and mixtures that present unreasonable risk or injury to health or to the environment in accordance with national policies and international commitments; c) To inform and educate the populace regarding the hazards and risks attendant to the manufacture, handling, storage, transportation, processing, distribution, use and disposal of toxic chemicals and other substances and mixture; and d) To prevent the entry, even in transit, as well as the keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever purpose. Objectives This act aims to... Knowingly use a chemical substance or mixture which is imported, manufactured, processed or

distributed in violation of this Act Failure or refusal to submit reports, notices or other information, access to records, as required by this Act, Cause, aid or facilitate, directly or indirectly, in the storage, importation, or bringing into Philippines 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. In all cases of violations of this Act, and including violations of implementing rules and which have been duly promulgated published in accordance with Section 16 ofregulations this Act, the Secretary of Environment and Natural Resources is hereby authorized to impose a fine of not less than Ten thousand pesos (P10,000.00), but not more than Fifty thousand pesos (P50,000.00) upon any person or entity found guilty thereof. Administrative Fines 2008 Roxas Amendment "The penalties and fines provided for under the present RA 6969 are not commensurate to the gravity and seriousness of the dangers that toxic substances and hazardous and nuclear wastes bring to health and environment.. It is, therefore, imperative that RA 6969 be amended to impose stricter and stiffer penalties and fines in order to give more teeth to the said law