Republic Act No 6969 Toxic Substances and Hazardous and Nuclear Wastes Control Act

April 20, 2018 | Author: Jesselle Celestial | Category: Waste Management, Radioactive Waste, Toxicity, Chemical Substances, Chemistry
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Republic Act No. 6969 Toxic Substances and Hazardous and Nuclear Wastes Control Act. Te, Vance Aaron C. SEMFILA EA2. Types of Hazard Symbols. General Caution sign. Types of Hazard Symbols. Warning sign. Types of Hazard Symbols. Toxic sign. Types of Hazard Symbols.

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Republic Act No. 6969Toxic Substances and Hazardous and Nuclear Wastes Control Act Te, Vance A aron C. SEMFILA EA2

Types of Hazard Symbols General Caution sign

Types of Hazard Symbols Warning sign

Types of Hazard Symbols Toxic sign

Types of Hazard Symbols Ionizing Radiation sign

Types of Hazard Symbols Non-ionizing Radiation sign

Types of Hazard Symbols Radiation danger – high level sources sign

Types of Hazard Symbols Biohazard sign

Types of Hazard Symbols High Voltage sign

Types of Hazard Symbols Chemical Weapon sign

Types of Hazard Symbols Lazard Hazard sign

Types of Hazard Symbols Chemical Hazard sign

NFPA 704 (National Fire Protection Association) Standard System for the Identification of the Hazards of Materials for Emergency Response

Republic Act No. 6969 Enacted by the Senate and House of Representatives of the Philippines in Congress Approved October 26, 1990 Ramon V. Mitra – Speaker of the House of Representatives  Jovito R. Salongs – President of the Senate Corazon C. Aquino – P resident of the Philippines

Republic Act No. 6969 Department of Environment and Natural Resources The implementing agency and assisted b y the Inter-Agency Advisory Council Provides for the regulation of all chemical substances that may pos e threat to public health and the environment

Subject An Act to Control Toxic Substances and Hazardous and Nuclear Wastes Providing Penalties for Violatio ns Thereof, and for other Purposes

Purpose Control of Toxic Substances and Hazardous Nuclear Waste

Section 1. Short Title Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990

Section 2. Declaration of Policy Policy of the State to regulate, restrict or prohibit The importation, manufacture, processing, sale, distribution, use and disposal o f  chemical substances and mixtures that present unreasonable risk and/or injury to health or the environment To prohibit entry (even transit) of hazardous and nuclear wastes and their disp osal into Philippine territorial limits

Section 2. Declaration of Policy To provide advancement and facilitate research and studies o n toxic chemicals

Section 3. Scope Cover the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use and dispo sal of all unregulated chemical substances and mixtures in the Philippines

Section 4. Objectives To keep an inventory of chemicals that are presently being imported, manufactured, or used Their existing and possible uses, test data, names of firms manufacturing or using them To monitor or regulate the importation, manufacture, processing, handling, storage, transportation, sale, d istribution, use and disposal of chemical substances and mixtures

Section 4. Objectives To inform and educate regarding the hazards and r isks 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

Section 5. Definition Chemical Substances Any organic or inorganic substance of a particular molecular identity Any combination of such substances occurring in whole or in part as a result of chemical reaction or occurring in nature

Any element or uncombined chemical

Section 5. Definition Chemical Mixtures Any combination of two or more chemical substances if the combination does not occur in nature Include non-biodegradable mixtures Process Preparation of a chemical substance or mixture after its manufacture for commercial distribution

Section 5. Definition Importation The entry of a products or substances into the Philippines (seaports o r airports) after having been properly cleared through or still remaining under customs control Manufacture Mechanical or chemical transformation of substances into new products By power-driven machines, by hand Done in factory or home

Section 5. Definition Unreasonable risk Expected frequency of undesirable effects or adverse arising from a given exposure to a substance

Section 5. Definition Hazardous substances are substances which present either Short-term hazards Acute toxicity by ingestion, inhalation or skin absorp tion, corrosivity or other skin or eye contact hazard, risk of fire or explosion Long-term hazards Chronic toxicity, carcinogenicity, resistance to detoxification process, potential to pollute underground or surface waters

Section 5. Definition Hazardous wastes substances that are without any safe commercial, industrial, a gricultural or economic usage and are shipped, transported or brought from the country of  origin for dumping or disposal also refer to by-products, side-products, process residues, spent reaction media, contaminated plant or equipment or other substances

Section 5. Definition Nuclear Wastes Hazardous wastes made radioactive by exposure to the radiation incidental to the production or utilization of nuclear fuels

Section 6. Functions, Power and Responsibilities The Department of Environment and Natural Resources – implementing agency To keep an updated inventory of chemicals that are presently being manufactured or used To require chemical substances and mixtures that present unreasonable risk or injury to health or to the environment to be tested before they are manufactured or imported for the first time

Section 6. 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 a nd make grants for research, development, and monitoring of  chemical substances and mixtures

Section 6. Functions, Power and Responsibilities 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

Section 6. Functions, Power and Responsibilities To document and to require other information if necessary to carry out the provisions To call on any department, bureau, office, agency, state university or college, and other instrumentalities of the Government for assistance To disseminate information and conduct educational awareness campaigns

Section 7. Inter-agency Technical Advisory Council

Section 7. Inter-agency Technical Advisory Council Ramon J.P. Paje Secretary of Environment and Natural Re sources Chairman

Section 7. Inter-agency Technical Advisory Council Dr. Enrique T. Ona Secretary of Health Member

Section 7. Inter-agency Technical Advisory Council Gregory L. Domingo Secretary of Trade and Industry Member

Section 7. Inter-agency Technical Advisory Council Mario G. Montejo Secretary of Science and Technology Member

Section 7. Inter-agency Technical Advisory Council Voltaire Gazmin Secretary of National Defense Member

Section 7. Inter-agency Technical Advisory Council Albert del Rosario Secretary of Foreign Affairs Member

Section 7. Inter-agency Technical Advisory Council Rosalinda Dimapilis-Baldoz Secretary of Labor and Employment Member

Section 7. Inter-agency Technical Advisory Council Cesar V . Purisima Secretary of Finance Member

Section 7. Inter-agency Technical Advisory Council ProcesoAlcala Secretary of Agriculture Member

Section 8. Pre-Manufacture and Pre-Importation Requirements Submit the following Information to DENR The name of the chemical substance or mixture Its chemical identity and molecular structure Proposed categories of use Estimate of the amount to be manufactured, processed or imported Processing and disposal Test data related to health and environmental effects

Section 9. 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 9. Chemicals Subject to Testing  The manufacturers, processors or importers shall shoulder the costs of testing

Section 10. Action by the Secretary of Environment and Natural Resources of his Duly Authorized Representative The Secretary or his duly authorized representative Within 90 days from the date of filing of the notice of manufacture, processing or importation To decide whether or not to regulate or prohibit its importation, manufacture, processing, sale, distribution, use or disposal May extend the 90 days for justifiable reasons within a reasonable time

Section 11. Chemical Substances Exempt from Pre-Manufacture Notification Those included in the categories already listed in the inventory of existing chemicals Those to be produced in small quantities solely for experimental or research and developmental purposes Chemical substances and mixtures that will not present an unreasonable risk Chemical substances and mixtures that exist temporarily and which have no human or environmental exposure Result of chemical reaction in the manufacture or processing of a mixture of  another chemical substance

Section 12. Public Access to Records, Reports or Notification The public shall have access to records, reports, or information including safety data submitted, d ata on emission or discharge into the environment, and documents available for inspection or reproduction DENR reserve the right for confidential information not to made public trade secrets, production or sales figures or methods, production or processes unique to such manufacturer, processor or distributor

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 Violation of Section 13 (A-C) Penalty of imprisonment of 6 months and 1 day to 6 six years and 1 day. Fine Ranging from ₱ 600.00 to ₱4,000.00 If foreigner, he or she shall be deported after serving his or her sentence Violation of Section 13 (A-C) is committed by partnership, corporation, ass ociation The partner, president, director o r manager that did the violation shall be directly liable and responsible for the employees and shall be criminally liable as coprincipal.

Section 14. Criminal Offenses and Penalties Violation of Section 13 (A-C) is done by government official or employee Aside from penalties, automatically dismissed from office and permanently disqualified from holding any elective or a ppointive position

Section 14. Criminal Offenses and Penalties Violation of Section 13 (D) Penalty of imprisonment of 12 years to one day to 20 years If foreigner, he or she shall be deported after serving his or her sentence

Violation of Section 13 (D) is done by corporations or other associations Penalty shall be imposed upon the managing partner, president or chief executive in addition to the exemplary damage of at least ₱500,000.00 If foreign firm, directors and officers shall be barred from entry to the Philippines and cancellation of its license

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 oblig ated 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 more than ₱ 50,000.00 upon any person or entity found guilty

Summary Regarding Violators 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 16. Promulgation of Rules an Regulations DENR in coordination with the member agencies of the Inter-Agency Technical Advisory Council Prepare and publish the rules and regulations implementing this Act within six months from the date of its effectivity

Section 17. Appropriations Such amount as may be necessary to implement the provisions of this Act Annually appropriated Included in the budget of the Department of Environment and Natural Resources

Section 18. Separability Clause If any provision of this A ct is declared void or unconstitutional, the remaining provisions not affected shall remain in full force and effect

Section 19. Repealing Clause All laws, presidential decrees, executive orders and issuances, and rules and regulations which are inconsistent with this Act will be repealed or modified accordingly

Section 20. Effectivity The Act shall take effect after 15 days following its publication or in any newspaper of  general circulation

Implications and Summary Benefit the health of the people and the preservation of the environment for future generations To ensure that industrial economic growth is achieved in an environmentally sound way To effectively manage hazardous wastes in order to minimize human and environmental impacts cause by industrial activities

References http://www.ehow.com/facts_4929030_facts-toxic-waste.html http://environment.nationalgeographic.com/environment/global-warming/toxic-wasteoverview/ http://www.osha.gov/SLTC/hazardoustoxicsubstances/index.html http://ieprime.tripod.com/ra6969.htm http://www.emb.gov.ph/laws/toxic%20substances%20and%20hazardous%20wastes/ra 6969.PDF http://www.wepa-db.net/policies/law/philippines/ra6969.htm http://en.wikipedia.org/wiki/Hazard_symbol

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