MATRIX OF COMPARISON

DENR Administrative Order 36, Series of 2004

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Proposed DAO
Revised Procedures and Standards for the Management of Hazardous
Wastes (Revising DAO 2004-36)
1.0 Definition of Terms
Added Terminologies

Chemical Control Order

Corrosive
Department
EMB
Encapsulation
Hazardous Substances
Hazardous Wastes
Ignitable
Immobilization
Importation
Infectious waste
Inert waste
New TSD Facilities
Nuclear wastes
Permit
Persistent Organic Pollutants (POPs)
Person or persons
Pollution
Pollution Control Officer (PCO)/Environmental Officer
Priority Chemicals List (PCL)
Process
Reactive
Secretary
Solidification
Stabilization
Toxicity Characteristics Leaching Procedure (TCLP)
Toxic
Transport
TSD (Treatment, Storage, and Disposal) facilities
Waste Generator

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Combustible Liquid
Drills
Emergency
Emergency Coordinator
Emergency response Team
Evacuation Route
Flammable Gas
Flammable Liquids
Flammable Solids
Hazardous Waste Manifest
Ignitable Liquid
Ignitable Solid
Infectious Substance
Online Hazardous Waste Manifest System
Oxidizer
Personal Protective Equipment
Poison Gas
Poisonous Substances
Pyrophoric Materials
Recyclable Material
Registration
Regulation/Regulations
Response Organization
Spill Response Procedures
Special Wastes

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31. Waste Transporter

32. Waste Treater
33. Unreasonable Risk
2.0 Classification of Hazardous Waste
DENR Administrative Order 36, Series of 2004
A. Waste with cyanide
A101. Waste containing cyanide with a concentration >200 ppm in
liquid waste

Proposed DAO

- Waste containing cyanide with a concentration >70 mg/L in liquid

waste. Refer to CCO

D. Wastes with inorganic chemicals

Arsenic and its compounds
D402. Includes all waste with a total As concentration >5 mg/L
based on analysis of an extract.

- Includes all waste with a total As concentration >1 mg/L based on

analysis of an extract.

Barium and its compounds

D403. Includes all waste with a total Ba concentration >100 mg/L
based on analysis of an extract.

- Includes all waste with a total Ba concentration > 70 mg/L based on

analysis of an extract.

Cadmium and its compounds

D404. Includes all wastes with a total Cd concentration>5 mg/L
based on analysis of an extract

- Includes al wastes with a total Cd concentration > 0.3 mg/L based on

analysis of an extract.

Lead compounds
D406. Includes al wastes with a total Pb concentration > 5 mg/L
based on analysis of an extract.

- Includes al wastes with a total Pb concentration > 1 mg/L based on

analysis of an extract.

Mercury and mercury compounds

D407. Includes all waste with a total Hg concentration > 0.2 mg/L
based on analysis of an extract. These also include
organomercury compounds. Refer to CCO.

- Includes all waste with a total Hg concentration > 0.1 mg/L based on
analysis of an extract. These also include organomercury compounds.
Refer to CCO
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Fluoride and its compounds

D408. Includes all wastes with a total F concentration > 100 mg/L
based on analysis of an extract
Other wastes with inorganic chemicals
Wastes containing the following chemicals:
-Antimony and its compounds
-Beryllium and its compounds
-Metal carbonyls ;
-Copper compounds
-Zinc compounds
-Tellurium and its compounds
-Thallium and its compounds
-Inorganic fluorine compounds excluding calcium fluoride

F. Inks/Dyes/Pigments/Paint/Latex/Adhesives/Organic Sludge

Wastes having as constituents or contaminants any of the following:

-Antimony; antimony compounds
-Beryllium; beryllium compounds
-Selenium; selenium compounds
-Tellurium; tellurium compounds
-Thallium; thallium compounds
-Metal carbonyls
-Hexavalent chromium compounds
-Copper compounds
-Zinc compounds

F. Inks/Dyes/Pigments/Paint/Resins/Latex/Adhesives/Organic Sludge

Classes

Classes

-Aqueous based
-Solvent based
-Inorganic pigments
-Ink formulation
-Other mixed

-Solvent based
-Inorganic pigments
-Ink formulation
-Resinous materials
-Other mixed

H. Putrescible/Organic wastes

H. Organic wastes
Classes

-Animal/abattoir waste
-Grease trap wastes from industrial or commercial premises

Class

-Includes all grease wastes generated from establishments such as

industrial, commercial and institutional facilities
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I. Oil
Waste oils
-Include all wastes from establishments that generate, transport or
treat more than 200 L of waste oil per day except vegetable oil and
waste tallow

Used or waste oils

-Includes all used or waste oils generated from establishments such as
industrial, commercial and institutional facilities including transport
facilities either land, air or water including vegetable oil and waste
tallow

J. Containers
Containers previously containing toxic chemical substances

Containers previously containing toxic chemical substances

-Waste containers that used to hold the toxic chemical substances

listed in Classes A, D, E and L, sub-categories M504 and M505, and the
chemicals listed in the Priority Chemical List.

-Containers that used to hold hazardous wastes and toxic chemical

substances.

L. Organic Chemicals

L. Organic Chemicals

Classes
-Waste with specific non-halogenated toxic organic chemicals
-Ozone depleting substances
-PCB wastes

Classes
-Waste with specific halogenated toxic organic chemicals
-Waste with specific non-halogenated toxic organic chemicals
-Ozone depleting substances
-PCB wastes

M. Miscellaneous Wastes
Classes
-Pathogenic or infectious wastes
-Friable asbestos wastes
-Pharmaceuticals and drugs
-Pesticides
-POPs (Persistent Organic Pollutants) pesticides

Classes
-Pathological or infectious wastes
-Asbestos wastes
-Pharmaceuticals and drugs
-Pesticides
-POPs (Persistent Organic Pollutants) wastes
-Waste electrical and electronic equipment (WEEE)
-Special Wastes

Exempted Wastes
-Household wastes such as garbage under RA 9003 except special
wastes
3.0 Governing Rules and Regulations for Hazardous Waste Generators

-Garbage from domestic premises and households

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-Categories of Hazardous Waste Generators

Waste generators are classified into large, medium and small
generators depending on the volume and type of wastes
generated
Compliance requirements of large, medium and small
generators
-Requirements for Waste Generators
Online Registration
4.0 Governing Rules and Regulations for Hazardous Waste Transporters
-Requirements for Waste Transporters
Online Registration
Certification from the DOTC
Proof of competency of drivers and other personnel (certified
true copies of professional drivers license, certificate of
training)
Environmental Guarantee Fund as per DAO 2000-05 in the
form of commercial insurance, surety bond, trust fund
Valid contract with a registered TSD Facility (ies)
-Waste transport vehicles
Waste transport vehicles must comply with regulations
regarding labeling, inspection, use, pressure devices, puncture
resistance, and thermal protection
-Requirements for waste vehicle holding facility (garage)
5.0 Governing Rules and Regulations for Hazardous Waste Treatment, Storage and Disposal (TSD) Facilities
Categories of TSD Facilities

Category A
Facilities that conduct on-site disposal of hazardous wastes
generated within the facility through industrial or commercial
processes and activities other than disposal via sewer

Category B
Commercial or industrial hazardous waste thermal treatment
facilities
Facilities include those that conduct off-site thermal treatment
(i.e. pyrolysis, autoclave, microwave and sterilization)

Category A
Facilities that conduct on-site treatment and disposal of
hazardous wastes generated within the facility that employs or
utilizes technologies from Categories B to E
Category B
Facilities that commercially treat industrial hazardous wastes
using thermal technologies either burn or non-burn
B.1 Burn technologies such as plasma arc, pyrolysis,
gasification, rotary or fluidized bed incinerator, cement kiln,
etc.
B.2 Non-burn technologies such as autoclave, microwave,
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sterilization, hydroclave, irradiation, etc.

Category C
Landfills that accept hazardous waste for disposal
Facilities that accept only inert hazardous waste residues for
final disposal and not located on the waste generators
facilities

Category C
Landfills that only accept hazardous wastes for final disposal
C.1 Facilities that accept only inert or treated hazardous wastes
for final disposal in a dedicated cell
C.2 Facilities that accept hazardous wastes for final disposal
such as solidified, encapsulated wastes, etc. under Class K

Category D
Facilities that recycle or reprocess hazardous waste which are
not generated or produced at the facility.
Facilities include those that receive offsite of hazardous waste
and recover valuable materials from hazardous wastes, use
hazardous waste as input materials or fuel for production, or
produce compost by biological treatment of hazardous waste.
It also includes, but are not limited to, facilities that regenerate
oil and solvents and recover metals from hazardous wastes.

Category D
Facilities that recycle or reprocess hazardous waste, which are
not generated or produced at the facility
D.1 Facilities include those that recover valuable materials, i.e.
used or waste oil, solvents, acids, alkalis, metals, etc.
D.2 Facilities include those that use hazardous wastes as input
materials or alternative fuel for industrial processes
D.3 Facilities include those that remediate or landfarm
contaminated soil thru physical, chemical or biological
treatment.

Category E
Facilities that immobilize, encapsulate, polymerize or treat
hazardous wastes off-site.

Category E
Facilities that accept and treat hazardous wastes, which are
not generated or produced at the facility using immobilization,
encapsulation, polymerization, or similar processes.

Facilities include those that receive hazardous waste outside

the premises and transform physical and/or chemical
characteristics of the hazardous waste by physicochemical or
thermal treatment in order to dispose of them into the
facilities in Category C.

Facilities include those that receive hazardous wastes outside

the premises and transform physical or chemical
characteristics of the hazardous wastes by physico-chemical or
thermal treatment to dispose them into facilities in Category C

E-1 Facilities to solidify sludge, ashes, and other hazardous

wastes
E-2 Facilities to melt and solidify inorganic sludge, ash, and
other inorganic hazardous wastes
E-3 Physicochemical treatment facilities including
neutralization, oxidation, and reduction of waste acid, waste
alkali, or waste solution containing cyanide or chromium

E-1 Facilities to solidify organic sludge, ashes, and other

hazardous wastes
E-2 Facilities to solidify inorganic sludge, ash, and other
inorganic hazardous wastes
E-3 Physico-chemical treatment facilities including
neutralization, oxidation, and reduction of waste acid, waste
alkali, or waste solution containing cyanide or chromium
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E-4 Facilities to thermally decompose waste containing cyanide

E-5 Facilities to decompose PCB
E-6 Facilities to chemically treat infectious waste
E-7 Facilities to rinse containers that used to contain
hazardous waste

E-4 Facilities that chemically treat PCB

E-5 Facilities that chemically treat infectious or pathogenic
wastes
E-6 Facilities that decontaminate containers that used to
contain chemicals and hazardous wastes

Category F

Category F

Facilities that store hazardous wastes, which were not

generated at that facility
Facilities include those that store hazardous waste generated
offsite awaiting treatment, disposal or export.

Facilities that store hazardous wastes, which were not

generated from the facility awaiting treatment, disposal, or
export such as:

F-1 Open space to place containers, vessels, or tanks

containing hazardous waste
F-2 Buildings to store containers, vessels, or tanks containing
hazardous waste
F-3 Built tanks to store liquid hazardous waste

F.1 Material Recovery Facilities

F.2 Buildings to store containers, vessels, or tanks containing
hazardous wastes
F.3 Built tanks to store liquid hazardous wastes

-Requirements for TSD Facilities

Valid contract with a registered Transporter(s)
-Minimum Considerations for Siting TSD Facilities
-Minimum Considerations for Post-Closure of TSD Facilities
6.0 Hazardous Waste Storage and Labeling
-Storage Time Limits
-changes in Placards Accompanying the Label (based on Title 49 Code
of Federal Regulations part 172.504, Department of Transportation )
The following symbols should accompany the label representing the
types of hazardous wastes:
a. Explosives
b. Flammable
c. Reactive or Oxidizing
d. Toxic
e. Corrosive
f. Infectious or Pathogenic

Class 1 Explosives
Class 2 Gases
Division 2.1 Flammable Gases
Division 2.2 Non- Flammable Gases
Division 2.3 Poison Gas
Class 3 Flammable Liquids and Combustible Liquids
Class 4 Flammable Solids; Spontaneously Combustible Materials;
Dangerous when Wet Materials
Division 4.1 Flammable Solids
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 Division 4.2 - Spontaneously Combustible Materials

Division 4.3 - Dangerous when Wet Materials
Class 5 Oxidizers and Organic Peroxides
Division 5.1 Oxidizers
Division 5.2 - Organic Peroxides
Class 6 Poisons
Division 6.1 Poisonous Materials
Division 6.2 Infectious Substances
Class 7 Radioactive Materials
Class 8 Corrosive Materials
Class 9 Miscellaneous Dangerous Goods
Specifications of Symbols

-changes in Specifications of the Placard

1. The minimum size of the symbol is 25 cm x 25 cm for

vessels, containers, and tanks and 30 cm x 30 cm for
conveyances carrying vessels, containers, and tanks.
2. Basic shape of the symbols is a square rotated 45 degrees
to form a diamond.
3. At each of the four sides, a parallel line shall be drawn to
form an inner diamond 95% of the outer diamond.
4. The color should follow the colors specified.

All waste generators, transporters, and TSD facilities that store

hazardous wastes shall ensure that wastes have placards as specified
below:

a. Minimum size of the placard is 10 cm x 10 cm for vessels,

containers, and tanks or readable from five (5) meters afar
b. For waste transporting vehicles, readable from 10 meters afar
and a minimum size of 30cm x 30 cm
c. Basic shape of the placard is a square rotated 45 degrees to
form a diamond
d. At each of the four sides, a parallel line shall be drawn to form
an inner diamond 95% of the outer diamond
e. Color should follow the colors specified in section 6.3
7.0 Hazardous Waste Transport Record (Manifest System)
-use of the Online Hazardous Waste Manifest System

-Additional Chapters on Contingency Program (8.0) and Personnel

Training (9.0)
10.0 Import of Recyclable Materials Containing Hazardous Substances and Export of Hazardous Wastes
-Incorporation of DAO 28 and its amendments
11.0 Prohibited Acts and Penalties
Administrative Violations
Administrative Violations
a) Failure to provide appropriate information to the DENR upon

a) Failure to provide appropriate information to the DENR upon

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b)
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registration PhP 10,000

Submission of documents containing false information - PhP
50,000
Failure to comply with reporting requirements under the law PhP
10,000
Failure to comply with the conditions of a permit, except those
specified herein PhP 50,000/condition violated
Failure to comply with labeling requirements PhP 50,000
Failure to place placards on the conveyance/vehicle PhP 50,000
Failure to comply with the subpoena or subpoena duces tecum
issued by the Secretary or his duly authorized representative PhP
50,000

registration PhP 50,000

b) Submission of documents containing false information - PhP
50,000
c) Failure to comply with reporting requirements under the law PhP
50,000
d) Failure to comply with the conditions of a permit, except those
specified herein PhP 50,000/condition violated
e) Failure to comply with labeling requirements PhP 50,000
f) Failure to place placards on the conveyance/vehicle PhP 50,000
g) Failure to comply with the subpoena or subpoena duces tecum
issued by the Secretary or his duly authorized representative PhP
50,000
h) Failure to provide required information within the period
mandated by these regulations PhP 50,000
i) Violation of any of the provisions on the Governing Rules and
Regulations PhP 10,000
j) In addition to the above stated penalties, violation of any of the
provisions on any of the Governing Rules and the rules covering
the Contingency Program shall result in the immediate suspension
of the Permit issued to said violator

Waste Generators

Waste Generators

a) Failure to submit a completed copy of the Hazardous Waste

Manifest Form to the DENR PhP 50,000
b) Performs the functions of a TSD Facility without the appropriate
TSD Facility Permit PhP 50,000

a) Failure to submit a completed copy of the Hazardous Waste

Manifest Form to the DENR PhP 50,000
b) Performs the functions of a TSD Facility without the appropriate
TSD Facility Permit PhP 50,000

Waste Transporters

Waste Transporters

a) Conveys or transports hazardous wastes without the proper

manifest forms PhP 50,000
b) Conveys or transports hazardous wastes without the proper labels
and placards PhP 50,000

a) Conveys or transports hazardous wastes without the proper

manifest forms PhP 50,000
b) Conveys or transports hazardous wastes without the proper labels
and placards PhP 50,000
c) Conveys or transports hazardous wastes in transports not suitable
for the hazardous waste being transported PhP 50,000

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TSD Facilities

TSD Facilities

a) Accepts hazardous wastes without the proper manifest PhP

50,000
b) Stores, recycles, reprocesses, treats or disposes of hazardous
wastes at a TSD facility without the appropriate TSD facility permit
- PhP 50,000
c) Failure to notify the DENR of the residuals generated as a
consequence of its recycling, reprocessing or treatment activities
PhP 10,000

a) Accepts hazardous wastes without the proper manifest PhP

50,000
b) Stores, recycles, reprocesses, treats or disposes of hazardous
wastes at a TSD facility without the appropriate TSD facility permit
PhP 50,000
c) Failure to notify the DENR of the residuals generated as a
consequence of its recycling, reprocessing or treatment activities
PhP 50,000

Importers and Exporters

Importers and Exporters

a) Importing recyclable materials containing hazardous substances

without securing import clearance from the DENR PhP 50,000
b) Exporting hazardous wastes or materials containing hazardous
substances without securing an export clearance from the DENR
PhP 50,000

a) Importing recyclable materials containing hazardous substances

without securing import clearance from the DENR PhP 50,000
b) Exporting hazardous wastes or materials containing hazardous
substances without securing an export clearance from the DENR
PhP 50,000

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-Additional Chapter on Monitoring

13.0 Schedule of Fees
Registration of hazardous waste generators PhP 600
1. Registration of hazardous waste generators PhP 600/generator
Annual Registration of Transporters PhP 500/vehicle
2. Annual Registration of Transporters PhP 500/vehicle
Application fee for Notification of the Export of Hazardous Wastes 3. Issuance of Manifest Form PhP 600/hazardous waste/manifest
PhP 500/notification
4. Permit to Transport PhP 500/hazardous waste
Registration Fee PhP 15,000/facility
5. Annual Registration of TSD Facility PhP 15,000/facility
Registration of TSD Facility PhP 15,000
6. Annual Registration of Co-Processing Facility (Non-Hazardous
Issuance of an Export Clearance PhP 2,000
Waste) PhP 5,500/facility
Issuance of an Importation Clearance PhP 2,000
Registration of Importer of HW PhP 5,000
EXPORT AND IMPORT OF HAZARDOUS WASTES
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Application Fee for Notification PhP 500/notification

Issuance of an Export Clearance PhP 2,000/clearance
Issuance of an Importation Clearance PhP 2,000/clearance
Registration of Importer of HW PhP 5,000/importer

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