Please be informed that the DENR Administrative Order (DAO) No. 36 Series of 2004 is now finally in effect.

DAO No. 36 Series of 2004, which revises DAO No. 29 Series of 1992: (Implementing Rules and Regulations of Republic Act No. 6969, otherwise known as the "Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990") for the purpose of further strengthening the implementation of Republic Act No. 6969, prescribes the use of a Procedural Manual for Title III of DAO No. 29, Series of 1992 (Hazardous Waste Management).

A very significant change effected by DAO No. 36 Series of 2004 is the replacement of Table 1: List of Hazardous Wastes in DAO No. 29 Series of 1992 with Table 1-1 Classification of Hazardous Wastes contained in the Procedural Manual, with the following important modifications:

1. Delisting of the following types of wastes, which shall no longer be reported as hazardous wastes unless contaminated with other hazardous components.

 

- Resins (e.g. mould runners, moulding compound and printed circuit/wiring boards without components);
- Waste tallow; and
- Vegetable oils.

2. Limiting the coverage of certain hazardous wastes provided in Table 1-1, based on concentration, acidity/alkalinity and quantity.

3. Inclusion in the list of hazardous wastes of the following wastes.

 

- Selenium and its compounds;
- Barium and its compounds;
- Antimony and its compounds;
- Beryllium and its compounds
- Metal carbonyls;
- Copper compounds;
- Zinc compounds
- Tellurium and its compounds;
- Thallium and its compound;
- Inorganic flourine compounds excluding calcium flouride;
- Ozone depleting substances; and
- Persistent Organic Pollutants (POPs) pesticides.

 

(Note: henceforth, handling, storage, transport, treatment and disposal of the above-listed wastes shall be in accordance with requirements for the management of hazardous wastes).

Table 1-1 Classification of Hazardous Wastes is, herewith, attached as Annex A.

Please be further informed that the Consultation Meeting of the PEZA-Environmental Safety Group and the DENR-EMB held on 04 may 2005, agreed on the following:

1. DENR-EMB shall continue to issue Permits to Transport, which PEZA requires for withdrawal of hazardous wastes from economic zones;

2. DENR-EMB shall, until further notice, not yet require any payment for the submission of DENR Hazardous Waste manifests.

3. Economic zone enterprises, which cease production operations, shall be responsible for the treatment and final disposal of accumulated hazardous substances remaining in their facilities.

4. Handling and disposal of wastes, which have been removed from the classification for the coverage of the hazardous wastes (Examples: moulding compound, acid wastes with pH > 2.0, etc), shall be in accordance with requirements for special wastes under Republic Act 9003, otherwise known as the "Ecological Solid Waste Management Act of 2000".

5. Transport of scrap materials with hazardous components (Examples: solder dross, used oils, etc) from an economic zone enterprise to an enterprise in another economic zone shall be undertaken in compliance with the Guidelines on Transport of Hazardous Wastes from Economic Zones (PEZA Memorandum Circular 2005-020).

6. A Permit Transport (PTT) shall be used only by the Transporter to which it was issued. A Transporter shall not allow or contract another transporter to haul hazardous wastes using a Permit to Transport it has secured, even if the total amount of hazardous wastes to be transported is within the limits provided in the PTT.

For the guidance and strict compliance of all concerned.

Adopted: 13 Sept. 2005

(SGD.) LILIA B. DE LIMA
Director General