REPUBLIC ACT 9003 January 26, 2001

AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE

MANAGEMENT PROGRAM, CREATING THE NECESSARY
INSTITUTIONAL MECHANISMS AND INCENTIVES,
DECLARING CERTAIN ACTS PROHIBITED AND PROVIDING
PENALTIES, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representative of the
Philippines in Congress assembled:
CHAPTER IBASIC POLICIES
Article 1General Provisions
Section 1. Short Title - This Act shall be known as the "Ecological
Solid Waste Management Act of 2000."
Section 2. Declaration of Policies - It is hereby declared the
policy of the State to adopt a systematic, comprehensive and
ecological solid waste management program which shall:
(a) Ensure the protection of the public health and environment;
(b) Utilize environmentally-sound methods that maximize the
utilization of valuable resources and encourage resource
conservation and recovery;
(c) Set guidelines and targets for solid waste avoidance and
volume reduction through source reduction and waste
minimization measures, including composting, recycling, re-use,
recovery, green charcoal process, and others, before collection,
treatment and disposal in appropriate and environmentally sound
solid waste management facilities in accordance with ecologically
sustainable development principles;
(d) Ensure the proper segregation, collection, transport, storage,
treatment and disposal of solid waste through the formulation and
adoption of the best environmental practice in ecological waste
management excluding incineration;
(e) Promote national research and development programs for
improved solid waste management and resource conservation
techniques, more effective institutional arrangement and
indigenous and improved methods of waste reduction, collection,
separation and recovery;
(f) Encourage greater private sector participation in solid waste
management;
(g) Retain primary enforcement and responsibility of solid waste
management with local government units while establishing a
cooperative effort among the national government, other local
government units, non- government organizations, and the
private sector;
(h) Encourage cooperation and self-regulation among waste
generators through the application of market-based instruments;
(i) Institutionalize public participation in the development and
implementation of national and local integrated, comprehensive,
and ecological waste management programs; and
(j) Strength the integration of ecological solid waste management
and resource conservation and recovery topics into the academic
curricula of formal and non-formal education in order to promote
environmental awareness and action among the citizenry.
Article 2Definition of Terms
Section 3. Definition of Terms - For the purposes of this Act:
(a) Agricultural waste shall refer to waste generated from planting
or harvesting of crops, trimming or pruning of plants and wastes
or run-off materials from farms or fields;
(b) Bulky wastes shall refer to waste materials which cannot be
appropriately placed in separate containers because of either its
bulky size, shape or other physical attributes. These include large
worn-out or broken household, commercial, and industrial items
such as furniture, lamps, bookcases, filing cabinets, and other
similar items;
(c) Bureau shall refer to the Environmental Management Bureau;
(d) Buy-back center shall refer to a recycling center that
purchases of otherwise accepts recyclable materials from the
public for the purpose of recycling such materials;
(e) Collection shall refer to the act of removing solid waste from
the source or from a communal storage point;
(f) Composting shall refer to the controlled decomposition of
organic matter by micro-organisms, mainly bacteria and fungi,
into a humus-like product;
(g) Consumer electronics shall refer to special waste that includes
worn-out, broken, and other discarded items such as radios,
stereos, and TV sets;
(h) Controlled dump shall refer to a disposal site at which solid
waste is deposited in accordance with the minimum prescribed
standards of site operation;
(i) Department shall refer to the Department of Environment and
Natural Resources;
(j) Disposal shall refer to the discharge, deposit, dumping, spilling,
leaking or placing of any solid waste into or in an land;
(k) Disposal site shall refer to a site where solid waste is finally
discharged and deposited;
(l) Ecological solid waste management shall refer to the
systematic administration of activities which provide for
segregation at source, segregated transportation, storage,
transfer, processing, treatment, and disposal of solid waste and
all other waste management activities which do not harm the
environment;
(m) Environmentally acceptable shall refer to the quality of being
re-usable, biodegradable or compostable, recyclable and not toxic
or hazardous to the environment;
(n) Generation shall refer to the act or process of producing solid
waste;
(o) Generator shall refer to a person, natural or juridical, who last
uses a material and makes it available for disposal or recycling;
(p) Hazardous waste shall refer to solid waste management or
combination of solid waste which because of its quantity,
concentration or physical, chemical or infectious characteristics
may:
(1) cause, or significantly contribute to an increase in mortality or
an increase in serious irreversible, or incapacitating reversible,
illness; or
(2) pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored,
transported, or disposed of, or otherwise managed;
(q) Leachate shall refer to the liquid produced when waste
undergo decomposition, and when water percolate through solid
waste undergoing decomposition. It is contaminated liquid that
contains dissolved and suspended materials;
(r) Materials recovery facility - includes a solid waste transfer
station or sorting station, drop-off center, a composting facility,
and a recycling facility;
(s) Municipal waste shall refer to wastes produced from activities
within local government units which include a combination of
domestic, commercial, institutional and industrial wastes and
street litters;
(t) Open dump shall refer to a disposal area wherein the solid
wastes are indiscriminately thrown or disposed of without due
planning and consideration for environmental and Health
standards;
(u) Opportunity to recycle shall refer to the act of providing a
place for collecting source-separated recyclable material, located
either at a disposal site or at another location more convenient to
the population being served, and collection at least once a month
of source-separated recyclable material from collection service
customers and to providing a public education and promotion
program that gives notice to each person of the opportunity to
recycle and encourage source separation of recyclable material;
(v) Person(s) shall refer to any being, natural or judicial,
susceptible of rights and obligations, or of being the subject of
legal relations;
(w) Post-consumer material shall refer only to those materials or
products generated by a business or consumer which have served
their intended end use, and which have been separated or
diverted from solid waste for the purpose of being collected,
processed and used as a raw material in the manufacturing of
recycled product, excluding materials and by-products generated
from, and by-products generated from, and commonly used
within an original manufacturing process, such as mill scrap;
(x) Receptacles shall refer to individual containers used for the
source separation and the collection of recyclable materials;
(y) Recovered material shall refer to material and by products
that have been recovered or diverted from solid waste for the
purpose of being collected, processed and used as a raw material
in the manufacture of a recycled product;
(z) Recyclable material shall refer to any waste material retrieved
from the waste stream and free from contamination that can still
be converted into suitable beneficial use or for other purposes,
including, but not limited to, newspaper, ferrous scrap metal, non-
ferrous scrap metal, used oil, corrugated cardboard, aluminum,
glass, office paper, tin cans and other materials as may be
determined by the Commission;
(aa) Recycled material shall refer to post-consumer material that
has been recycled and returned to the economy;
(bb) Recycling shall refer to the treating of used or waste
materials through a process of making them suitable for
beneficial use and for other purposes, and includes any process
by which solid waste materials are transformed into new products
in such a manner that the original product may lose their identity,
and which maybe used as raw materials for the production of
other goods or services: Provided, That the collection, segregation
and re-use of previously used packaging material shall be
deemed recycling under this Act;
(cc) Resource conversation shall refer to the reduction of the
amount of solid waste that are generated or the reduction of
overall resource consumption, and utilization of recovered
resources;
(dd) Resources recovery shall refer to the collection, extraction or
recovery of recyclable materials from the waste stream for the
purpose of recycling, generating energy or producing a product
suitable for beneficial use: Provided, That such resource recovery
facilities exclude incineration;
(ee) Re-use shall refer to the process of recovering materials
intended for the same or different purpose without the alteration
of physical and chemical characteristics;
(ff) Sanitary landfill shall refer to a waste disposal site designed,
constructed, operated and maintained in a manner that exerts
engineering control over significant potential environment
impacts arising from the development and operation of the
facility;
(gg) Schedule of Compliance shall refer to an enforceable
sequence of actions or operations to be accomplished within a
stipulated time frame leading to compliance with a limitation,
prohibition or standard set forth in this Act or any rule of
regulation issued pursuant thereto;
(hh) Secretary landfill shall refer to the Secretary of the
Department of Environment and Natural Resources;
(ii) Segregation shall refer to a solid waste management practice
of separating different materials found in solid waste in order to
promote recycling and re-use of resources and to reduce the
volume of waste for collection and disposal;
(jj) Segregation at source shall refer to a solid waste management
practice of separating, at the point of origin, different materials
found in solid waste in order to promote recycling and re-use of
resources and to reduce the volume of waste for collection and
disposal;
(kk) Solid waste shall refer to all discarded household, commercial
waste, non-hazardous institutional and industrial waste, street
sweepings, construction debris, agricultural waste, and other non-
hazardous/non-toxic solid waste.
Unless specifically noted otherwise, the term "solid waste" as
used in this Act shall not include:
(1) Waste identified or listed as hazardous waste of a solid, liquid,
contained gaseous or semisolid form which may cause or
contribute to an increase in mortality or in serious or
incapacitating reversible illness, or acute/chronic effect on the
health of persons and other organisms;
(2) Infectious waste from hospitals such as equipment,
instruments, utensils, and fomites of a disposable nature from
patients who are suspected to have or have been diagnosed as
having communicable diseases and must therefore be isolated as
required by public health agencies, laboratory wastes such as
pathological specimens (i.e. all tissues, specimens of blood
elements, excreta, and secretions obtained from patients or
laboratory animals) and disposable fomites that may harbor or
transmit pathogenic organisms, and surgical operating room
pathologic materials from outpatient areas and emergency
rooms; and
(3) Waste resulting from mining activities, including contaminated
soil and debris.
(ll) Solid waste management shall refer to the discipline
associated with the control of generation, storage, collection,
transfer and transport, processing, and disposal of solid wastes in
a manner that is in accord with the best principles of public
health, economics, engineering, conservation, aesthetics, and
other environmental considerations, and that is also responsive to
public attitudes;
(mm) Solid waste management facility shall refer to any resource
recovery system or component thereof; any system, program, or
facility for resource conservation; any facility for the collection,
source separation, storage, transportation, transfer, processing,
treatment, or disposal of solid waste;
(nn) Source reduction shall refer to the reduction of solid waste
before it enters the solid waste stream by methods such as
product design, materials substitution, materials re-use and
packaging restrictions;
(oo) Source separation shall refer to the sorting of solid waste into
some or all of its component parts at the point of generation;
(pp) Special wastes shall refer to household hazardous wastes
such as paints, thinners, household batteries, lead-acid batteries,
spray canisters and the like. These include wastes from
residential and commercial sources that comprise of bulky
wastes, consumer electronics, white goods, yard wastes that are
collected separately, batteries, oil, and tires. These wastes are
usually handled separately from other residential and commercial
wastes;
(qq) Storage shall refer to the interim containment of solid wastes
after generation and prior to collection for ultimate recovery or
disposal;
(rr) Transfer stations shall refer to those facilities utilized to
receive solid wastes, temporarily store, separate, convert, or
otherwise process the materials in the solid wastes, or to transfer
the solid wastes directly from smaller to larger vehicles for
transport. This term does not include any of the following:
(1) a facility whose principal function is to receive, store,
separate, convert or otherwise process in accordance with
national minimum standards, manure;
(2) a facility, whose principal function is to receive, store, convert,
or otherwise process wastes which have already been separated
for re-use and are intended for disposals, and
(3) the operations premises of a duly licensed solid waste
handling operator who is receives, stores, transfers, or otherwise
processes wastes as an activity incidental to the conduct of a
refuse collection and disposal business.
(ss) Waste diversion shall refer to activities which reduce or
eliminate the amount of solid waste from waste disposal facilities;
(tt) White goods shall refer to large worn-out or broken household,
commercial, and industrial appliances such as stoves,
refrigerators, dishwashers, and clothes washers and dryers
collected separately. White goods ate usually dismantled for the
recovery of specific materials (e.g., copper, aluminum, etc.);
(uu) Yard waste shall refer to wood, small or chipped branches,
leaves, grass clippings, garden debris, vegetable residue that is
recognized as part of a plant or vegetable and other materials
identified by the Commission.
CHAPTER IIINSTITUTIONAL MECHANISM
Section 4. National Solid Waste Management Commission -
There is hereby established a National Solid Waste Management
Commission, hereinafter referred to as the Commission, under the
Office of the President. The Commissioner shall be composed of
fourteen (14) members from the government sector and three
members from the private sector. The government sector shall be
represented by the heads of the following agencies in their ex
officio capacity:
(1) Department of Environment and Natural Resources (DENR);
(2) Department of the Interior and Local Government (DILG);
(3) Department of Science and Technology (DOST);
(4) Department of Public Works and Highways (DPWH);
(5) Department of Health (DOH);
(6) Department of Trade and Industry (DTI);
(7) Department of Agriculture (DA);
(8) Metro Manila Development Authority (MMDA);
(9) League of provincial governors;
(10) League of city mayors;
(11) League of municipal mayors;
(12) Association of barangay councils;
(13) Technical Education and Skills Development Authority
(TESDA); and
(14) Philippine Information Agency.
The private sector shall be represented by the following:
(a) A representative from nongovernment organizations (NGOs)
whose principal purpose is to promote recycling and the
protection of air and water quality;
(b) A representative from the recycling industry; and
(c) A representative from the manufacturing or packaging
industry;
The Commission may, from time to time, call on any other
concerned agencies or sectors as it may deem necessary.
Provided, That representatives from the NGOs, recycling and
manufacturing or packaging industries shall be nominated
through a process designed by themselves and shall be appointed
by the President for a term of three (3) years.
Provided, further, That the Secretaries of the member agencies of
the Commission shall formulate action plans for their respective
agencies to complement the National Solid Waste Management
Framework.
The Department Secretary and a private sector representative of
the Commission shall serve as chairman and vice chairman,
respectively. The private sector representatives of the
Commission shall be appointed on the basis of their integrity, high
decree of professionalism and having distinguished themselves in
environmental and resource management. The members of the
Commission shall serve and continue to hold office until their
successors shall have been appointed and qualified. Should a
member of the Commission fail to complete his/her term, the
unexpired portion of the term. Finally, the members shall be
entitled to reasonable traveling expenses and honoraria.
The Department, through the Environmental Management
Bureau, shall provide secretariat support to the Commission. The
Secretariat shall be headed by an executive director who shall be
nominated by the members of the Commission and appointed by
the chairman.
Section 5. Powers and Functions of the Commission - The
Commission shall oversee the implementation of solid waste
management plans and prescribe policies to achieve the
objectives of this Act. The Commission shall undertake the
following activities.
(a) Prepare the national solid waste management framework;
(b) Approve local solid waste management plans in accordance
with its rules and regulations;
(c) Review and monitor the implementation of local solid waste
management plans;
(d) Coordinate the operation of local solid waste management
boards in the provincial and city/municipal levels;
(e) To the maximum extent feasible, utilizing existing resources,
assist provincial, city and municipal solid waste management
plans;
(f) Develop a model provincial, city and municipal solid waste
management plan that will establish prototypes of the content
and format which provinces, cities and municipalities may use in
meeting the requirements of the National Solid Waste
Management Framework;
(g) Adopt a program to provide technical and other capability
building assistance and support to local government units in the
development and implementation of source reduction programs;
(h) Develop and implement a program to assist local government
units in the identification of markets for materials that are
diverted from disposal facilities through re-use, recycling, and
composting, and other environment-friendly methods;
(i) Develop a mechanism for the imposition of sanctions for the
violations environmental rules and regulations;
(j) Manage the Solid Waste Management Fund;
(k) Develop and prescribe procedures for the issuance of
appropriate permits and clearances.
(l) Review the incentives scheme for effective solid waste
management, for purpose of ensuring relevance and efficiency in
achieving the objectives of this Act;
(m) Formulate the necessary education promotion and
information campaign strategies;
(n) Establish, after notice and hearing of the parties concerned,
standards, criteria, guidelines, and formula that are fair, equitable
and reasonable, in establishing tipping charges and rates that the
proponent will charge in the operation and management of solid
waste management facilities and technologies.
(o) Develop safety nets and alternative livelihood programs for
small recyclers and other sectors that will be affected as a result
of the construction and/or operation of solid waste management
recycling plant or facility.
(p) Formulate and update a list of non-environmentally acceptable
materials in accordance with the provisions of this Act. For this
purpose, it shall be necessary that proper consultation be
conducted by the Commission with all concerned industries to
ensure a list that is based on technological and economic viability.
(q) Encourage private sector initiatives, community participation
and investments resource recovery-based livelihood programs for
local communities.
(r) Encourage all local government agencies and all local
government units to patronize products manufactured using
recycled and recyclable materials;
(s) Propose and adopt regulations requiring the source separation
and post separation collection, segregated collection, processing,
marketing and sale of organic and designated recyclable material
generated in each local government unit; and
(t) Study and review of the following:
(i) Standards, criteria and guidelines for promulgation and
implementation of an integrated national solid waste
management framework; and
(ii) Criteria and guidelines for siting, design, operation and
maintenance of solid waste management facilities.
Section 6. Meetings - The Commission shall meet at least once a
month. The presence of at least a majority of the members shall
constitute a quorum. The chairman, or in his absence the vice-
chairman, shall be the presiding officer. In the absence of the
heads of the agencies mentioned in Sec. 4 of this Act, they may
designate permanent representatives to attend the meetings.
Section 7. The National Ecology Center - There shall be
established a National Ecology Center under the Commission
which shall provide consulting, information, training, and
networking services for the implementation of the provisions of
this Act.
In this regard, it shall perform the following functions:
(a) Facilitate training and education in integrated ecological solid
waste management;
(b) Establish and manage a solid waste management information
data base, in coordination with the DTI and other concerned
agencies:
(1) on solid waste generation and management techniques as
well as the management, technical and operational approaches to
resource recovery; and
(2) of processors/recyclers, the list of materials being recycled or
bought by them and their respective prices;
(c) Promote the development of a recycling market through the
establishment of a national recycling network that will enhance
the opportunity to recycle;
(d) Provide or facilitate expert assistance in pilot modeling of solid
waste management facilities; and
(e) Develop, test, and disseminate model waste minimization and
reduction auditing procedures for evaluating options.
The National Ecology Center shall be headed by the director of
the Bureau in his ex officio capacity. It shall maintain a multi-
sectoral, multi-disciplinary pool of experts including those from
the academe, inventors, practicing professionals, business and
industry, youth , women and other concerned sectors, who shall
be screened according to qualifications set by the Commission.
Section 8. Role of the Departmen. - For the furtherance of the
objectives of this Act, the Department shall have the following
functions:
(a) Chair the Commission created pursuant to this Act;
(b) Prepare an annual National Solid Waste Management Status
Report;
(c) Prepare and distribute information, education and
communication materials on solid waste management;
(d) Establish methods and other parameters for the measurement
of waste reduction, collection and disposal;
(e) Provide technical and other capability building assistance and
support to the LGUs in the development and implementation of
local solid waste management plans and programs;
(f) Recommend policies to eliminate barriers to waste reduction
programs;
(g) Exercise visitorial and enforcement powers to ensure strict
compliance with this Act;
(h) Perform such other powers and functions necessary to achieve
the objectives of this Act; and
(i) Issue rules and regulations to effectively implement the
provisions of this Act.
Section 9. Visitorial Powers of the Department. - The Department
or its duly authorized representative shall have access to, and the
right to copy therefrom, the records required to be maintained
pursuant to the provisions of this Act. The Secretary or the duly
authorized representative shall likewise have the right to enter
the premises of any generator, recycler or manufacturer, or other
facilities any time to question any employee or investigate any
fact, condition or matter which may be necessary to determine
any violation, or which may aid in the effective enforcement of
this Act and its implementing rules and regulations. This Section
shall not apply to private dwelling places unless the visitorial
power is otherwise judicially authorized.
Section 10. Role of LGUs in Solid Waste Management - Pursuant
to the relevant provisions of R.A. No. 7160, otherwise known as
the Local government code, the LGUs shall be primarily
responsible for the implementation and enforcement of the
provisions of this Act within their respective jurisdictions.
Segregation and collection of solid waste shall be conducted at
the barangay level specifically for biodegradable, compostable
and reusable wastes: Provided, That the collection of non-
recyclable materials and special wastes shall be the responsibility
of the municipality or city.
Section 11. Provincial Solid Waste Management Board - A
Provincial Solid Waste Management board shall be established in
every province, to be chaired by the governor. Its members shall
include:
(a) All the mayors of its component cities and municipalities;
(b) One (1) representative from the Sangguniang Panlalawigan to
be represented by the chairperson of either the Committees on
Environment or Health or their equivalent committees, to be
nominated by the presiding officer;
(c) The provincial health and/or general services officers,
whichever may be recommended by the governor;
(d) The provincial environment and natural resources officer;
(e) The provincial engineer;
(f) Congressional representatives from each congressional district
within the province;
(g) A representative from the NGO sector whose principal purpose
is to promote recycling and the protection of air and water
quality;
(h) A representative from the recycling industry;
(i) A representative from the manufacturing or packaging
industry; and
(j) A representative of each concerned government agency
possessing relevant technical and marketing expertise as may be
determined by the board.
The Provincial Solid Waste Management Board may, from time to
time, call on any other concerned agencies or sectors as it may
deem necessary.
Provided, That representatives from the NGOs, recycling and
manufacturing or packaging industries shall be selected through a
process designed by themselves and shall be endorsed by the
government agency of representatives of the Board: Provided,
further, that in the Province of Palawan, the Board shall be
chaired by the chairman of the Palawan Council for Sustainable
Development, pursuant to Republic Act No. 7611.
In the case of Metro Manila, the Board shall be chaired by the
chairperson of the MMDA and its members shall include:
(i) all mayors of its component cities and municipalities;
(ii) a representative from the NGO sector whose principal purpose
is to promote recycling and the protection of air and water
quality;
(iii) a representative from the recycling industry; and
(iv) a representative from the manufacturing or packaging
industry.
The Board may, from time to time, call on any other concerned
agencies or sectors as it may deem necessary.
Provided, That representatives from the NGOs, recycling and
manufacturing or packaging industries shall be selected through a
process designed by themselves and shall be endorsed by the
government agency representatives of the Board.
The Provincial Solid Waste Management Board shall have the
following functions and responsibilities:
(1) Develop a provincial solid waste management plan from the
submitted solid waste management plans of the respective city
and municipal solid waste management boards herein created. It
shall review and integrate the submitted plans of all its
component cities and municipalities and ensure that the various
plan complement each other, and have the requisite components.
The Provincial Solid Waste Management Plan shall be submitted
to the Commission for approval.
The Provincial Plans shall reflect the general program of action
and initiatives of the provincial government and implementing a
solid waste management program that would support the various
initiatives of its component cities and municipalities.
(2) Provide the necessary logistical and operational support to its
component cities and municipalities in consonance with
subsection (f) of Sec.17 of the Local Government Code;
(3) Recommend measures and safeguards against pollution and
for the preservation of the natural ecosystem;
(4) Recommend measures to generate resources, funding and
implementation of project and activities as specified in the duly
approved solid waste management plans;
(5) Identify areas within its jurisdiction which have common solid
waste management problems and are appropriate units are
planning local solid waste management services in accordance
with Section 41 hereof;
(6) Coordinate the efforts of the component cities and
municipalities in the implementation of the Provincial Solid Waste
Management Plan;
(7) Develop an appropriate incentive scheme as an integral
component of the Provincial Solid Waste Management Plan;
(8) Convene joint meetings of the provincial, city and municipal
solid waste management boards at least every quarter for
purposes of integrating, synchronizing, monitoring and evaluating
the development and implementation of its provincial solid waste
management plan;
(9) Represent any of its component city or municipality in
coordinating its resource and operational requirements with
agencies of the national government;
(10) Oversee the implementation of the Provincial Solid Waste
Management Plant;
(11) Review every two (2) years or as the need arises the
Provincial Solid Waste Management Plan for purposes of ensuring
its sustainability, viability, effectiveness and relevance in relation
to local and international development in the field of solid waste
management; and
(12) Allow for the clustering of LGUs for the solution of common
solid waste management problems.
Section 12. City and Municipal Solid Waste Management Board -
Each city or municipality shall form a City or Municipal Waste
Management Board that shall prepare, submit and implement a
plan for the safe and sanitary management of solid waste
generated in areas under in geographic and political coverage.
The City or Municipal Solid Waste Management Board shall be
composed of the city or municipal mayor as head with the
following as members:
a) One (1) representative of Sangguniang Panlungsod or the
Sangguniang Bayan, preferably chairpersons of either the
Committees on Environment or Health, who will be designated by
the presiding officer;
b) President of the Association of Barangay Councils in the
municipality or city;
c) Chairperson of the Sangguniang Kabataan Federation;
d) A representative from NGOs whose principal purpose is to
promote recycling and the protection of air and water quality;
e) A representative from the recycling industry;
f) A representative from the manufacturing or packaging industry;
and
g) A representative of each concerned government agency
possessing relevant technical and marketing expertise as may be
determined by the Board.
The City or Municipal Solid Waste Management Board may, from
time to time, call on any concerned agencies or sectors as it may
deem necessary.
Provided, That representatives from NGOs, recycling and
manufacturing or packaging industries shall be selected through a
process designed by themselves and shall be endorsed by the
government agency representatives of the Board.
The City and Municipal Solid Waste Management Boards shall
have the following duties and responsibilities:
(1) Develop the City or Municipal Solid Waste Management Plan
that shall ensure the long-term management of solid waste, as
well as integrate the various solid waste management plans and
strategies of the barangays in its area of jurisdiction. In the
development of the Solid Waste Management Plan, it shall
conduct consultations with the various sectors of the community;
(2) Adopt measures to promote and ensure the viability and
effective implementation of solid waste management programs in
its component barangays;
(3) Monitor the implementation of the City or Municipal Solid
Waste Management Plan through its various political subdivisions
and in cooperation with the private sector and the NGOs;
(4) Adopt specific revenue-generating measures to promote the
viability of its Solid Waste Management Plan;
(5) Convene regular meetings for purposes of planning and
coordinating the implementation of the solid waste management
plans of the respective component barangays;
(6) Oversee the implementation of the City or Municipal Solid
Waste Management Plan;
(7) Review every two (2) years or as the need arises the City or
Municipal Solid Waste Management Plan for purposes of ensuring
its sustainability, viability, effectiveness and relevance in relation
to local and international developments in the field of solid waste
management;
(8) Develop the specific mechanics and guidelines for the
implementation of the City or Municipal Solid Waste Management
Plan;
(9) Recommended to appropriate local government authorities
specific measures or proposals for franchise or build-operate-
transfer agreements with duly recognized institutions, pursuant to
R.A.6957, to provide either exclusive or non-exclusive authority
for the collection, transfer, storage, processing, recycling or
disposal of municipal solid waste. The proposals shall take into
consideration appropriate government rules and regulations on
contracts, franchise and build-operate-transfer agreements;
(10) Provide the necessary logistical and operational support to its
component cities and municipalities in consonance with
subsection (f) of Sec. 17 of the Local Government Code;
(11) Recommended measures and safeguards against pollution
and for the preservation of the natural ecosystem; and
(12) Coordinates the efforts of its components barangays in the
implementation of the city or municipal Solid Waste Management
Plan.
Section13. Establishment of Multi-Purpose Environment
Cooperatives or Association in Every LGU - Multi-purpose
cooperatives and associations that shall undertake activities to
promote the implementation and/ or directly undertake projects in
compliance with the provisions of this Act shall be encouraged
and promoted in every LGU.
CHAPTER IIICOMPREHENSIVE SOLID WASTE MANAGEMENT
Article 1General Provisions
Section 14. National Solid Waste Management Status Report -
The Department, in coordination with the DOH and other
concerned agencies, shall within six (6) months after the
effectivity of this Act, prepare a National Solid Waste
Management Status Report which shall be used as a basis in
formulating the National Solid Waste Management Framework
provided in Sec. 15 of this Act. The concerned agencies shall
submit to the Department relevant data necessary for the
completion of the said report within three (3) months following
the effectivity of this Act. The said report shall include, but shall
not be limited to, the following:
(a) Inventory of existing solid waste facilities;
(b) General waste characterization, taking into account the type,
quantity of waste generated and estimation of volume and type of
waste for reduction and recycling;
(c) Projection of waste generation;
(d) The varying regional geologic, hydrologic, climatic, and other
factors vital in the implementation of solid waste practices to
ensure the reasonable protection of:
(1) the quality of surface and groundwater from leachate
contamination;
(2) the quality of surface waters from surface run-off
contamination; and
(3) ambient air quality.
(e) Population density, distribution and projected growth;
(f) The political, economic, organizational, financial and
management problems affecting comprehensive solid waste
management;
(g) Systems and techniques of waste reduction, re-use and
recycling;
(h) Available markets for recyclable materials;
(i) Estimated cost of collecting, storing, transporting, marketing
and disposal of wastes and recyclable materials; and
(j) Pertinent qualitative and quantitative information concerning
the extent of solid waste management problems and solid waste
management activities undertaken by local government units and
the waste generators.
Provided, That the Department, in consultation with concerned
agencies, shall review, update and publish a National Solid Waste
Management Status Report every two (2) years or as the need
arises.
Section 15. National Solid Waste Management Framework -
Within six (6) months from the completion of the national solid
waste management status report under Sec. 14 of this Act, the
Commission created under Sec. 4 of this Act shall, with public
participation, formulate and implement a National Solid Waste
Management Framework. Such framework shall consider and
include:
(a) Analysis and evaluation of the current state, trends,
projections of solid waste management on the national, provincial
and municipal levels;
(b) Identification of critical solid waste facilities and local
government units which will need closer monitoring and/or
regulation;
(c) Characteristics and conditions of collection, storage,
processing, disposal, operating methods, techniques and
practices, location of facilities where such operating methods,
techniques and practices are conducted, taking into account the
nature of the waste;
(d) Waste diversion goal pursuant to Sec. 20 of this Act;
(e) Schedule for the closure and/or upgrading of open and
controlled dumps pursuant to Sec. 37 of this Act;
(f) Methods of closing or upgrading open dumps for purposes of
eliminating potential health hazards;
(g) The profile of sources, including industrial, commercial,
domestic, and other sources;
(h) Practical applications of environmentally sound techniques of
water minimization such as, but not limited to, resource
conservation, segregation at source, recycling, resource recovery,
including waste-to-energy generation, re-use and composting;
(i) A technical and economic description of the level of
performance that can be attained by various available solid waste
management practices which provide for the protection of public
health and the environment;
(j) Appropriate solid waste facilities and conservation systems;
(k) Recycling programs for the recyclable materials, such as but
not limited to glass, paper, plastic and metal;
(l) Venues for public participation from all sectors at all
phases/stages of the waste management program/project;
(m) Information and education campaign strategies;
(n) A description of levels of performance and appropriate
methods and degrees of control that provide, at the minimum, for
protection of public health and welfare through:
(1) Protection of the quality of groundwater and surface waters
from leachate and run-off contamination;
(2) Disease and epidemic prevention and control;
(3) Prevention and control of offensive odor; and
(4) Safety and aesthetics.
(o) Minimum criteria to be used by the local government units to
define ecological solid waste management practices. As much as
practicable, such guidelines shall also include minimum
information for use in deciding the adequate location, design and
construction of facilities associated with solid waste management
practices, including the consideration of regional, geographic,
demographic and climatic factors; and
(p) The method and procedure for the phaseout and the eventual
closure within eighteen (18) months from the effectivity of this
Act in case of existing open dumps and/or sanitary landfills
located within an aquifer, groundwater reservoir or watershed
area.
Section 16. Local Government Solid Waste Management Plans -
The province, city or municipality, through its local solid waste
management boards, shall prepare its respective 10-year solid
waste management plans consistent with the national solid waste
management framework: Provided, That the waste management
plan shall be for the re-use, recycling and composting of wastes
generated in their respective jurisdictions: Provided, further, That
the solid waste management plan of the LGU shall ensure the
efficient management of solid waste generated within its
jurisdiction. The plan shall place primary emphasis on
implementation of all feasible re-use, recycling, and composting
programs while identifying the amount of landfill and
transformation capacity that will be needed for solid waste which
cannot be re-used, recycled, or composted. The plan shall contain
all the components provided in Sec. 17 of this Act and a timetable
for the implementation of the solid waste management program
in accordance with the National Framework and pursuant to the
provisions of this Act: Provided, finally, That it shall be reviewed
and updated every year by the provincial, city or municipal solid
waste management board.
For LGUs which have considered solid waste management
alternatives to comply with Sec. 37 of this Act, but are unable to
utilize such alternatives, a timetable or schedule of compliance
specifying the remedial measure and eventual compliance shall
be included in the plan.
All local government solid waste management plans shall be
subjected to the approval of the Commission. The plan shall be
consistent with the national framework and in accordance with
the provisions of this Act and of the policies set by the
Commission; Provided, That in the province of Palawan, the local
government solid waste management plan shall be approved by
the Palawan Council for Sustainable Development, pursuant to
R.A. No. 7611.
Section 17. The Components of the Local Government Solid
Waste Management Plan - The solid waste management plan shall
include, but not limited to, the following components:
(a) City or Municipal Profile - The plan shall indicate the following
background information on the city or municipality and its
component barangays, covering important highlights of the
distinct geographic and other conditions:
(1) Estimated population of each barangay within the city or
municipality and population project for a 10-year period;
(2) Illustration or map of the city/municipality, indicating locations
of residential, commercial, and industrial centers, and agricultural
area, as well as dump, landfills and other solid waste facilities.
The illustration shall indicate as well, the proposed sites for
disposal and other solid waste facilities;
(3) Estimated solid waste generation and projection by source,
such as residential, market, commercial, industrial, construction/
demolition, street waste,agricultural, agro-industrial, institutional,
other waste; and
(4) Inventory of existing waste disposal and other solid waste
facilities and capacities.
(b) Waste characterization - For the initial source reduction and
recycling element of a local waste management plan, the LGU
waste characterization component shall identify the constituent
materials which comprise the solid waste generated within the
jurisdiction of the LGU. The information shall be representative of
the solid waste generated and disposed of within the area. The
constituent materials shall be identified by volume, percentage in
weight or its volumetric equivalent, material type, and source of
generation which includes residential, commercial, industrial,
governmental, or other materials. Future revisions of waste
characterization studies shall identify the constituent materials
which comprise the solid waste disposed of at permitted disposal
facilities.
(c) Collection and Transfer - The plan shall take into account the
geographic subdivisions to define the coverage of the solid waste
collection area in every barangay. The barangay shall be
responsible for ensuring that a 100% collection efficiency from
residential, commercial, industrial and agricultural sources, where
necessary within its area of coverage, is achieved. Toward this
end, the plan shall define and identify the specific strategies and
activities to be undertaken by its component barangays, taking
into account the following concerns:
(1) Availability and provision of properly designed containers or
receptacles in selected collection points for the temporary storage
of solid waste while awaiting collection and transfer to processing
sites or to final disposal sites;
(2) Segregation of different types of solid waste for re-use,
recycling and composting;
(3) Hauling and transfer of solid waste from source or collection
points to processing sites or final disposal sites;
(4) Issuance and enforcement of ordinances to effectively
implement a collection system in the barangay; and
(5) Provision of properly trained officers and workers to handle
solid waste disposal.
The plan shall define and specify the methods and systems for
the transfer of solid waste from specific collection points to solid
waste management facilities.
(d) Processing - The Plan shall define the methods and the
facilities required to process the solid waste, including the use of
intermediate treatment facilities for composting, recycling,
conversion and other waste processing systems. Other
appropriate waste processing technologies may also be
considered provided that such technologies conform with
internationally-acceptable and other standards set in other
standards set in other laws and regulations.
(e) Source reduction - The source reduction component shall
include a program and implementation schedule which shows the
methods by which the LGU will, in combination with the recycling
and composting components, reduce a sufficient amount of solid
waste disposed of in accordance with the diversion requirements
of Sec. 20.
The source reduction component shall describe the following:
(1) strategies in reducing the volume of solid waste generated at
source;
(2) measures for implementing such strategies and the resources
necessary to carry out such activities;
(3) other appropriate waste reduction technologies that may also
be considered, provided that such technologies conform with the
standards set pursuant to this Act;
(4) the types of wastes to be reduced pursuant to Sec. 15 of this
Act;
(5) the methods that the LGU will use to determine the categories
of solid wastes to be diverted from disposal at a disposal facility
through re-use, recycling and composting; and
(6) new facilities and expansion of existing facilities which will be
needed to implement re-use, recycling and composting.
The LGU source reduction component shall include the evaluation
and identification of rate structures and fees for the purpose of
reducing the amount of waste generated, an other source
reduction strategies, including but not limited to, programs and
economic incentives provided under Sec. 46 of this Act to reduce
the use of non-recyclable materials, replace disposable materials
and products with reusable materials and products, reduce
packaging, and increase the efficiency of the use of paper,
cardboard, glass, metal, and other materials. The waste reduction
activities of the community shall also take into account, among
others, local capability, economic viability, technical
requirements, social concerns' disposition of residual waste and
environmental impact: Provided, That, projection of future
facilities needed and estimated cost shall be incorporated in the
plan.
(f) Recycling - The recycling component shall include a program
and implementation schedule which shows the methods by which
the LGU shall, in combination with source reduction and
composting components, reduce a sufficient amount of solid
waste disposed of in accordance with the diversion requirements
set in Sec .20.
The LGU recycling component shall describe the following:
(1) The types of materials to be recycled under the programs;
(2) The methods for determining the categories of solid wastes to
be diverted from disposal at a disposal facility through recycling;
and
(3) New facilities and expansion of existing facilities needed to
implement the recycling component.
The LGU recycling component shall described methods for
developing the markets for recycled materials, including, but not
limited to, an evaluation of the feasibility of procurement
preferences for the purchase of recycled products. Each LGU may
determine and grant a price preference to encourage the
purchase of recycled products.
The five-year strategy for collecting, processing, marketing and
selling the designated recyclable materials shall take into account
persons engaged in the business of recycling or persons
otherwise providing recycling services before the effectivity of
this Act. Such strategy may be base upon the results of the waste
composition analysis performed pursuant to this Section or
information obtained in the course of past collection of solid
waste by the local government unit, and may include
recommendations with respect to increasing the number of
materials designated for recycling pursuant to this Act.
The LGU recycling component shall evaluate industrial,
commercial, residential, agricultural, governmental and other
curbside, mobile, drop-off and buy-back recycling programs,
manual and automated materials recovery facilities, zoning,
building code changes and rate structures which encourage
recycling of materials. The Solid Waste Management Plan shall
indicate the specific measures to be undertaken to meet the
waste diversion specified under Sec. 20 of this Act.
Recommended revisions to the building ordinances, requiring
newly-constructed buildings and buildings undergoing specified
alterations to contain storage space, devices or mechanisms that
facilitate source separation and storage of designated recyclable
materials to enable the local government unit to efficiently
collect, process, market and sell the designated materials. Such
recommendations shall include, but shall not be limited to
separate chutes to facilitate source separation in multi-family
dwellings, storage areas that conform to fire and safety code
regulations, and specialized storage containers.
The Solid Waste Management Plan shall indicate the specific
measures to be undertaken to meet the recycling goals pursuant
to the objectives of this Act.
(g) Composting - The composting component shall include a
program and implementation schedule which shows the methods
by which the LGU shall, in combination with the source reduction
and recycling components, reduce a sufficient amount of solid
waste disposed of within its jurisdiction to comply with the
diversion requirements of Sec. 20 hereof.
The LGU composting component shall describe the following:
(1) The types of materials which will be composted under the
programs;
(2) The methods for determining the categories of solid wastes to
be diverted from disposal at a disposal facility through
composting; and
(3) New facilities, and expansion of existing facilities needed to
implement the composting component.
The LGU composting component shall describe methods for
developing the markets for composted materials, including, but
not limited to, an evaluation of the feasibility of procurement
preferences for the purchase of composted products. Each LGU
may determine and grant a price preference to encourage the
purchase of composted products.
(h) Solid waste facility capacity and final disposal - The solid
waste facility component shall include, but shall not be limited to,
a projection of the amount of disposal capacity needed to
accommodate the solid waste generated, reduced by the
following:
(1) Implementation of source reduction, recycling and composting
programs required in this Section or through implementation of
other waste diversion activities pursuant to Sec. 20 of this Act;
(2) Any permitted disposal facility which will be available during
the 10-year planning period; and
(3) All disposal capacity which has been secured through an
agreement with another LGU, or through an agreement with a
solid waste enterprise.
The plan shall identify existing and proposed disposal sites and
waste management facilities in the city or municipality or in other
areas. The plan shall specify the strategies for the efficient
disposal of waste through existing disposal facilities and the
identification of prospective sites for future use. The selection and
development of disposal sites shall be made on the basis of
internationally accepted standards and on the guidelines set in
Sec. 41 and 42 of this Act.
Strategies shall be included to improve said existing sites to
reduce adverse impact on health and the environment, and to
extent life span and capacity. The plan shall clearly define
projections for future disposal site requirements and the
estimated cost for these efforts.
Open dump sites shall not be allowed as final disposal sites. If an
open dump site is existing within the city or municipality, the plan
shall make provisions for its closure or eventual phase out within
the period specified under the framework and pursuant to the
provisions under Sec. 37 of this Act. As an alternative, sanitary
landfill sites shall be developed and operated as a final disposal
site for solid and, eventually, residual wastes of a municipality or
city or a cluster of municipality and/or cities. Sanitary landfills
shall be designed and operated in accordance with the guidelines
set under Secs. 40 and 41 of this Act.
(i) Education and public information - The education and public
information component shall describe how the LGU will educate
and inform its citizens about the source reduction, recycling and
composting programs.
The plan shall make provisions to ensure that information on
waste collection services, solid waste management and related
health and environmental concerns are widely disseminated
among the public. This shall be undertaken through the print and
broadcast media and other government agencies in the
municipality. The DECS and the Commission on Higher Education
shall ensure that waste management shall be incorporated in the
curriculum of primary, secondary and college students.
(j) Special Waste - The special waste component shall include
existing waste handling and disposal practices for special wastes
or household hazardous wastes, and the identification of current
and proposed programs to ensure the proper handling, re-use,
and long-term disposal of special wastes;
(k) Resource requirement and funding - The funding component
includes identification and description of project costs, revenues,
and revenue sources the LGU will use to implement all
components of the LGU solid waste management plan;
The plan shall likewise indicate specific projects, activities,
equipment and technological requirements for which outside
sourcing of funds or materials may be necessary to carry out the
specific components of the plan. It shall define the specific uses
for its resource requirement s and indicate its costs. The plan
shall likewise indicate how the province, city or municipality
intends to generate the funds for the acquisition of its resource
requirements. It shall also indicate if certain resource
requirements are being or will be sourced from fees, grants,
donations, local funding and other means. This will serve as basis
for the determination and assessment of incentives which may be
extended to the province, city or municipality as provided for in
Sec. 45 of this Act.
(l) Privatization of solid waste management projects - The plan
shall likewise indicate specific measures to promote the
participation of the private sector in the management of solid
wastes, particularly in the generation and development of the
essential technologies for solid waste management. Specific
projects or component activities of the plan which may be offered
as private sector investment activity shall be identified and
promoted as such. Appropriate incentives for private sector
involvement in solid waste management shall likewise be
established and provided for in the plan, in consonance with Sec.
45 hereof and other existing laws, policies and regulations; and
(m) Incentive programs - A program providing for incentives, cash
or otherwise, which shall encourage the participation of
concerned sectors shall likewise be included in the plan.
Section 18. Owner and Operator - Responsibility for compliance
with the standards in this Act shall rest with the owner and/or
operator. If specifically designated, the operator is considered to
have primary responsibility for compliance; however, this does
not relieve the owner of the duty to take all reasonable steps to
assure compliance with these standards and any assigned
conditions. When the title to a disposal is transferred to another
person, the new owner shall be notified by the previous owner of
the existence of these standards and of the conditions assigned
to assure compliance.
Section 19. Waste characterization - The Department in
coordination with the LGUs, shall be responsible for the
establishment of the guidelines for the accurate characterization
of wastes including determination of whether or not wastes will be
compatible with containment features and other wastes, and
whether or not wastes are required to be managed as hazardous
wastes under R.A. 6969, otherwise known as the Toxic Substance
and Hazardous and Nuclear Wastes Control Act.
Section 20. Establishing Mandatory Solid Waste Diversion - Each
LGU plan shall include an implementation schedule which shows
that within five (5) years after the effectivity of this Act, the LGU
shall divert at least 25% of all solid waste from waste disposal
facilities through re-use, recycling and composting activities and
other resource recovery activities; Provided, That the waste
diversion goals shall be increased every three (3) years
thereafter; Provided, further, That nothing in this Section prohibits
a local government unit from implementing re-use, recycling, and
composting activities designed to exceed the goal.
Article 2Segregation of Wastes
Section 21. Mandatory Segregation of Solid Wastes - The LGUs
shall evaluate alternative roles for the public and private sectors
in providing collection services, type of collection system, or
combination of systems, that best meet their needs: Provided,
That segregation of wastes shall primarily be conducted at the
source, to include household, institutional, industrial, commercial
and agricultural sources: Provided, further; That wastes shall be
segregated into the categories provided in Sec. 22 of this Act.
For premises containing six (6) or more residential units, the local
government unit shall promulgate regulations requiring the owner
or person in charge of such premises to:
(a) provide for the residents a designated area and containers in
which to accumulate source separated recyclable materials to be
collected by the municipality or private center; and
(b) notify the occupants of each buildings of the requirements of
this Act and the regulations promulgated pursuant thereto.
Section 22. Requirements for the Segregation and Storage of
Solid Waste - The following shall be the minimum standards and
requirements for segregation and storage of solid waste pending
collection:
(a) There shall be a separate container for each type of waste
from all sources: Provided, That in the case of bulky waste, it will
suffice that the same be collected and placed in a separate
designated area; and
(b) The solid waste container depending on its use shall be
properly marked or identified for on-site collection as
"compostable", "non-recyclable", "recyclable" or "special waste",
or any other classification as may be determined by the
Commission.
Article 3Collection and Transport of Solid Wastes
Section 23. Requirements for Collection of Solid Wastes - The
following shall be the minimum standards and requirements for
the collection of solid waste:
(a) All collectors and other personnel directly dealing with
collection of solid waste shall be equipped with personal
protective equipment to protect them from the hazards of
handling wastes;
(b) Necessary training shall be given to the collectors and
personnel to ensure that the solid wastes are handled properly
and in accordance with the guidelines pursuant to this Act; and
(c) Collection of solid waste shall be done in a manner which
prevents damage to the container and spillage or scattering of
solid waste within the collection vicinity.
Section 24. Requirements for the Transport of Solid Waste - The
use of separate collection schedules and/or separate trucks or
haulers shall be required for specific types of wastes. Otherwise,
vehicles used for the collection and transport of solid wastes shall
have the appropriate compartments to facilitate efficient storing
of sorted wastes while in transit.
Vehicles shall be designed to consider road size, condition and
capacity to ensure the sage and efficient collection and transport
of solid wastes.
The waste compartment shall have a cover to ensure the
containment of solid wastes while in transit.
For the purpose of identification, vehicles shall bear the body
number, the name, and the telephone number of the
contractor/agency collecting solid waste.
Section 25. Guidelines for Transfer Stations - Transfer stations
shall be designed and operated for efficient waste handling
capacity and in compliance with environmental standards and
guidelines set pursuant to this Act and other regulations:
Provided, That no waste shall be stored in such station beyond
twenty-four (24) hours.
The siting of the transfer station shall consider the land use plan,
proximity to collection area, and accessibility of haul routes to
disposal facility. The design shall give primary consideration to
size and space sufficiency in order to accommodate the waste for
storage and vehicles for loading and unloading of wastes.
Article 4Recycling Program
Section 26. Inventory of Existing Markets for Recyclable
Materials - The DTI shall within six (6) months from the effectivity
of this Act and in cooperation with the Department, the DILG and
other concerned agencies and sectors, publish a study of existing
markets for processing and purchasing recyclable materials and
the potential steps necessary to expand these markets. Such
study shall include, but not be limited to, an inventory of existing
markets for recyclable materials, product standards for recyclable
and recycled materials, and a proposal, developed in conjunction
with the appropriate agencies, to stimulate the demand for the
production of products containing post consumer and recovered
materials.
Section 27. Requirement for Eco-Labeling - The DTI shall
formulate and implement a coding system for packaging
materials and products to facilitate waste and recycling and re-
use.
Section 28. Reclamation Programs and Buy-back Centers for
Recyclables and Toxics - The National Ecology Center shall assist
LGUs in establishing and implementing deposit or reclamation
programs in coordination with manufacturers, recyclers and
generators to provide separate collection systems or convenient
drop-off locations for recyclable materials and particularly for
separated toxic components of the waste stream like dry cell
batteries and tires to ensure that they are not incinerated or
disposed of in a landfill. Upon effectivity of this Act, toxic
materials present in the waste stream should be separated at
source, collected separately and further screened and sent to
appropriate hazardous waste treatment and disposal plants,
consistent with the provisions of R.A. No. 6969.
Section 29. Non-Environmentally Acceptable Products - Within
one (1) year from the effectivity of this Act, the Commission shall,
after public notice and hearing, prepare a list of
nonenvironmentally acceptable products as defined in this Act
that shall be prohibited according to a schedule that shall be
prepared by the Commission: Provided, however, That non-
environmentally acceptable products shall not be prohibited
unless the Commission first finds that there are alternatives
available which are available to consumers at no more than ten
percent (10%) greater cost than the disposable product.
Notwithstanding any other provisions to the contrary, this section
shall not apply to:
(a) Packaging used at hospitals, nursing homes or other medical
facilities; and
(b) Any packaging which is not environmentally acceptable, but
for which there is no commercially available alternatives as
determined by the Commission.
The Commission shall annually review and update the list of
prohibited non-environmentally acceptable products.
Section 30. Prohibition on the Use of Non-Environmentally
Acceptable Packaging - No person owning, operating or
conducting a commercial establishment in the country shall sell or
convey at retail or possess with the intent to sell or convey at
retail any products that are placed, wrapped or packaged in or on
packaging which is not environmentally acceptable packaging:
Provided, That the Commission shall determine a phaseout period
after proper consultation and hearing with the stakeholders or
with the sectors concerned. The presence in the commercial
establishment of non-environmentally acceptable packaging shall
constitute a rebuttable presumption of intent to sell or convey the
same at retail to customers.
Any person who is a manufacturer, broker or warehouse operator
engaging in the distribution or transportation of commercial
products within the country shall file a report with the concerned
local government within one (1) year from the effectivity of this
Act, and annually thereafter, a listing of any products in
packaging which is not environmentally acceptable. The
Commission shall prescribe the form of such report in its
regulations.
A violation of this Section shall be sufficient grounds for the
revocation, suspension, denial or non-renewal of any license for
the establishment in which the violation occurs.
Section 31. Recycling Market Development - The Commission
together with the National Ecology Center, the DTI and the
Department of Finance shall establish procedures, standards and
strategies to market recyclable materials and develop the local
market for recycle goods, including but not limited to:
(a) measures providing economic incentives and assistance
including loans and grants for the establishment of privately-
owned facilities to manufacture finished products from post-
consumer materials;
(b) guarantees by the national and local governments to purchase
a percentage of the output of the facility; and
(c) maintaining a list of prospective buyers, establishing contact
with prospective buyers and reviewing and making any necessary
changes in collecting or processing the materials to improve their
marketability.
In order to encourage establishments of new facilities to produce
goods from post-consumer and recovered materials generated
within local government units, and to conserve energy by
reducing materials transportation, whenever appropriate, each
local government unit may arranged for long-term contracts to
purchase a substantial share of the product output of a proposed
facility which will be based in the jurisdiction of the local
government unit if such facility will manufacture such finished
products form post-consumer and recovered materials.
Section 32. Establishment of LGU Materials Recovery Facility. -
There shall be established a Materials Recovery Facility (MRF) in
every barangay or cluster of barangays. The facility shall be
established in a barangay-owned or -leased land or any suitable
open space to be determined by the barangay through its
Sanggunian. For this purpose, the barangay or cluster of
barangays shall allocate a certain parcel of land for the MRF. The
MRF shall receive mixed waste for final sorting, segregation,
composting, and recycling. The resulting residual wastes shall be
transferred to a long term storage or disposal facility or sanitary
landfill.
Section 33. Guidelines for Establishment of Materials Recovery
Facility - Materials recovery facilities shall be designed to receive,
sort, process and store compostable and recyclable material
efficiently and in an environmentally sound manner. The facility
shall address the following considerations:
(a) The building and/or land layout and equipment must be
designed to accommodate efficient and safe materials processing,
movement, and storage; and
(b) The building must be designed to allow efficient and safe
external access and to accommodate internal flow.
Article 5Composting
Section 34. Inventory of Markets of Composts - Within six (6)
months after the effectivity of this Act, the DA shall publish an
inventory of existing markets and demands for composts. Said
inventory shall thereafter be updated and published annually:
Provided, That the composting of agricultural wastes and other
compostable materials, including but not limited to garden
wastes, shall be encouraged.
Section 35. Guidelines for Compost Quality - Compost products
intended to be distributed commercially shall conform with the
standards for organic fertilizers set by the DA. The DA shall assist
the compost producers to ensure that the compost products
conform to such standards.
Article 6Waste Management Facilities
Section 36. Inventory of Waste Disposal Facilities - Within six (6)
months from the effectivity of this Act, the Department, in
cooperation with the DOH, DILG and other concerned agencies,
shall publish an inventory of all solid waste disposal facilities or
sites in the country.
Section 37. Prohibition Against the Use of Open Dumps for Solid
Waste - No open dumps shall be established and operated, nor
any practice or disposal of solid waste by any person, including
LGUs, which constitutes the use of open dumps for solid wastes,
be allowed after the effectivity of this Acts: Provided, That within
three (3) years after the effectivity of this Act, every LGU shall
convert its open dumps into controlled dumps, in accordance with
the guidelines set in Sec. 41 of this Act: Provided, further, That no
controlled dumps shall be allowed five (5) years following the
effectivity of this Act.
Section 38. Permit for Solid Waste Management Facility
Construction and Expansion - No person shall commence
operation, including site preparation and construction of a new
solid waste management facility or the expansion of an existing
facility until said person obtains an Environment Compliance
Certificate (ECC) from the Department pursuant to P.D. 1586 and
other permits and clearances form concerned agencies.
Section 39. Guidelines for Controlled Dumps - The following shall
be the minimum considerations for the establishments of
controlled dumps:
(a) Regular inert cover;
(b) Surface water and peripheral site drainage control;
(c) Provision for aerobic and anaerobic decomposition;
(d) Restriction of waste deposition to small working areas;
(e) Fence, including provisions for litter control;
(f) Basic record-keeping;
(g) Provision of maintained access road;
(h) Controlled waste picking and trading;
(i) Post-closure site cover and vegetation; and
(j) Hydro geological siting.
Section 40. Criteria for Siting a Sanitary Landfill - The following
shall be the minimum criteria for the siting of sanitary landfills:
(a) The site selected must be consistent with the overall land use
plan of the LGU;
(b) The site must be accessible from major roadways or
thoroughfares;
(c) The site should have an adequate quantity of earth cover
material that is easily handled and compacted;
(d) The site must be chosen with regard for the sensitivities of the
community's residents;
(e) The site must be located in an area where the landfill's
operation will not detrimentally affect environmentally sensitive
resources such as aquifer, groundwater reservoir or watershed
area;
(f) The site should be large enough to accommodate the
community's wastes for a period of five (5) years during which
people must internalize the value of environmentally sound and
sustainable solid waste disposal;
(g) The site chosen should facilitate developing a landfill that will
satisfy budgetary constraints, including site development,
operation for many years, closure, post-closure care and possible
remediation costs;
(h) Operating plans must include provisions for coordinating with
recycling and resource recovery projects; and
(i) Designation of a separate containment area for household
hazardous wastes.
Section 41. Criteria for Establishment of Sanitary Landfill - The
following shall be the minimum criteria for the establishment of
sanitary landfills:
(a) Liners - a system of clay layers and/or geosynthethic
membranes used to contain leachate and reduce or prevent
contaminant flow to groundwater;
(b) Leachate collection and treatment system - installation of
pipes at the low areas of the liner to collect leachate for storage
and eventual treatment and discharge;
(c) Gas control and recovery system - a series of vertical wells or
horizontal trenches containing permeable materials and
perforated piping placed in the landfill to collect gas for treatment
or productive use as an energy source;
(d) Groundwater monitoring well system - wells placed at an
appropriate location and depth for taking water that are
representative of ground water quality;
(e) Cover - two (2) forms of cover consisting of soil and
geosynthetic materials to protect the waste from long-term
contact with the environment:
(i) a daily cover placed over the waste at the close of each day's
operations, and;
(ii) a final cover, or cap, which is the material placed over the
completed landfill to control infiltration of water, gas emission to
the atmosphere, and erosion.
(f) Closure procedure with the objectives of establishing low
maintenance cover systems and final cover that minimizes the
infiltration of precipitation into the waste. Installation of the final
cover must be completed within six (6) months of the last receipt
of waste;
(g) Post-closure care procedure - During this period, the landfill
owner shall be responsible for providing for the general upkeep of
the landfill, maintaining all of the landfill's environmental
protection features, operating monitoring equipment, remediating
groundwater should it become contaminated and controlling
landfill gas migration or emission.
Section 42. Operating Criteria for Sanitary Landfills - In the
operation of a sanitary land fill, each site operator shall maintain
the following minimum operating equipments:
(a) Disposal site records of, but not limited to:
(1) Records of weights or volumes accepted in a form and manner
approved by the Department. Such records shall be submitted to
the Department upon request, accurate to within ten percent
(10%) and adequate for overall planning purposes and forecasting
the rate of site filling;
(2) Records of excavations which may affect the safe and proper
operation of the site or cause damage to adjoining properties;
(3) Daily log book or file of the following information: fires,
landslides, earthquake damage, unusual and sudden settlement,
injury and property damage, accidents, explosions, receipts or
rejection of unpermitted wastes, flooding and other unusual
occurrences;
(4) Record of personnel training; and
(5) Copy of written notification to the Department, local health
agency, and fire authority of names, addresses and telephone
numbers of the operator or responsible party of the site;
(b) Water quality monitoring of surface and ground waters and
effluent, and gas emissions;
(c) Documentation of approvals, determinations and other
requirements by the Department;
(d) Signs:
(1) Each point of access from a public road shall be posted with
an easily visible sigh indicating the facility name and other
pertinent information as required by the Department;
(2) If the site is open to the public, there shall be an easily visible
sign at the primary entrance of the site indicating the name of the
site operator, the operator's telephone number, and hours of
operation; an easily visible sign at an appropriate point shall
indicate the schedule of changes and the general types of
materials which will either be accepted or not;
(3) If the site is open to the public, there shall be an easily visible
road sign and/or traffic control measures which direct traffic to
the active face and other areas where wastes or recyclable
materials will be deposited; and
(4) Additional signs and/or measures may be required at a
disposal site by the Department to protect personnel and public
health and safety;
(e) Monitoring of quality of surface, ground and effluent waters,
and gas emissions;
(f) The site shall be designed to discourage unauthorized access
by persons and vehicles by using a perimeter barrier or
topographic constraints. Areas within the site where open
storage, or pounding of hazardous materials occurs shall be
separately fenced or otherwise secured as determined by the
Department. The Department may also require that other areas of
the site be fenced to create an appropriate level of security;
(g) Roads within the permitted facility boundary shall be designed
to minimize the generation of dust and the tracking of material
onto adjacent public roads. Such roads shall be kept in safe
condition and maintained such that vehicle access and unloading
can be conducted during inclement weather;
(h) Sanitary facilities consisting of adequate number of toilets and
handwashing facilities, shall be available to personnel at or in the
immediate vicinity of the site;
(i) Safe and adequate drinking water supply for the site personnel
shall be available;
(j) The site shall have communication facilities available to site
personnel to allow quick response to emergencies;
(k) Where operations are conducted during hours of darkness, the
site and/or equipment shall be equipped with adequate lighting as
approved by the Department to ensure safety and to monitor the
effectiveness of operations;
(l) Operating and maintenance personnel shall wear and use
appropriate safety equipment as required by the Department;
(m) Personnel assigned to operate the site shall be adequately
trained in subject pertinent to the site operation and
maintenance, hazardous materials recognition and screening, and
heavy equipment operations, with emphasis on safety, health,
environmental controls and emergency procedures. A record of
such training shall be placed in the operating record;
(n) The site operator shall provide adequate supervision of a
sufficient number of qualified personnel to ensure proper
operation of the site in compliance with all applicable laws,
regulations, permit conditions and other requirements. The
operator shall notify the Department and local health agency in
writing of the names, addresses, and telephone number of the
operator or responsible party. A copy of the written notification
shall be placed in the operation record;
(o) Any disposal site open to the public shall have an attendant
present during public operating hours or the site shall be
inspected by the operator on a regularly scheduled basis, as
determined by the Department;
(p) Unloading of solid wastes shall be confined to a small area as
possible to accommodate the number of vehicles using the area
without resulting in traffic, personnel, or public safety hazards.
Waste materials shall normally be deposited at the toe of the fill,
or as otherwise approved by the Department;
(q) Solid waste shall be spread and compacted in layers with
repeated passages of the landfill equipment to minimize voids
within the cell and maximize compaction. The loose layer shall
not exceed a depth approximately two feet before compaction.
Spreading and compacting shall be accomplished as rapidly as
practicable, unless otherwise approved by the Department;
(r) Covered surfaces of the disposal area shall be graded to
promote lateral runoff of precipitation and to prevent pounding.
Grades shall be established of sufficient slopes to account for
future settlement of the fill surface. Other effective maintenance
methods may be allowed by the Department; and
(s) Cover material or native material unsuitable for cover,
stockpiled on the site for use or removal, shall be placed so as not
to cause problems or interfere with unloading, spreading,
compacting, access, safety drainage, or other operations.
Article 7Local Government Solid Waste Management
Section 43. Guidelines for Identification of Common Solid Waste
Management Problems - For purposes of encouraging and
facilitating the development of local government plans for solid
waste management, the Commission shall, as soon as practicable
but not later than six (6) months from the effectivity of this Act,
publish guidelines for the identification of those areas which have
common solid waste management problems and are appropriate
units for clustered solid waste management services. The
guidelines shall be based on the following:
(a) the size and location of areas which should be included;
(b) the volume of solid waste which would be generated;
(c) the available means of coordinating local government planning
between and among the LGUs and for the integration of such with
the national plan; and
(d) possible lifespan of the disposal facilities.
Section 44. Establishment of Common Waste Treatment and
Disposal Facilities - Pursuant to Sec. 33 of R.A.7160, otherwise
known as the Local Government Code, all provinces, cities,
municipalities and barangays, through appropriate ordinances,
are hereby mandated to consolidate, or coordinate their efforts,
services, and resources for purposes of jointly addressing
common solid waste management problems and/or establishing
common waste disposal facilities.
The Department, the Commission and local solid waste
management boards shall provide technical and marketing
assistance to the LGUs.
CHAPTER IVINCENTIVES
Section 45. Incentives. -
(a) Rewards, monetary or otherwise, shall be provided to
individuals, private organizations and entitles, including non-
government organizations, that have undertaken outstanding and
innovative projects, technologies, processes and techniques or
activities in re-use, recycling and reduction. Said rewards shall be
sourced from the Fund herein created.
(b) An incentive scheme is hereby provided for the purpose of
encouraging LGUs, enterprises, or private entities, including
NGOs, to develop or undertake an effective solid waste
management, or actively participate in any program geared
towards the promotion thereof as provided for in this Act.
(1) Fiscal Incentives. - Consistent with the provisions of E.O. 226,
otherwise known as the Omnibus Investments Code, the following
tax incentives shall be granted:
(a) Tax and Duty Exemption on Imported Capital Equipment and
Vehicles - Within ten (10) years upon effectively of this Act, LGUs,
enterprises or private entities shall enjoy tax and duty free
importation of machinery, equipment, vehicles and spare parts
used for collection, transportation, segregation, recycling, re-use
and composing of solid wastes: Provided, That the importation of
such machinery, equipment, vehicle and spare parts shall comply
with the following conditions:
(i) They are not manufactured domestically in sufficient quantity,
of comparable quality and at reasonable prices;
(ii) They are reasonably needed and will be used actually, directly
and exclusively for the above mentioned activities;
(iii) The approval of the Board of Investment (BOI) of the DTI for
the importation of such machinery, equipment, vehicle and spare
parts.
Provided, further, That the sale, transfer or disposition of such
machinery, equipment, vehicle and spare parts, without prior
approval of the (BOI), within five (5) years from the date of
acquisition shall be prohibited, otherwise, the LGU concerned,
enterprise or private entities and the vendee, transferee, or
assignee shall be solidarily liable to pay twice the amount of tax
and duty exemption given it.
(b) Tax Credit on Domestic Equipment - Within ten (10) years
from the effectivity of this Act, a tax credit equivalent to 50% of
the value of the national internal revenue taxes and customs
duties that would have been waived on the machinery,
equipment, vehicle and spare parts, had these items been
imported shall be given to enterprises, private entities, including
NGOs, subject to the same conditions and prohibition cited in the
preceding paragraph.
(c) Tax and Duty Exemption of Donations, Legacies and Gift - All
legacies, gifts and donations to LGUs, enterprises or private
entities, including NGOs, for the support and maintenance of the
program for effective solid waste management shall be exempt
from all internal revenue taxes and customs duties, and shall be
deductible in full from the gross income of the donor for income
tax purposes.
(2) Non-Fiscal Incentives. - LGUs, enterprises or private entities
availing of tax incentives under this Act shall also be entitled to
applicable non-fiscal incentives provided for under E.O. 226,
otherwise known as the Omnibus Investments Code.
The Commission shall provide incentives to businesses and
industries that are engaged in the recycling of wastes and which
are registered with the Commission and have been issued ECCs in
accordance with the guidelines established by the Commission.
Such incentives shall include simplified procedures for the
importation of equipment, spare parts, new materials, and
supplies, and for the export of processed products.
(3) Financial Assistance Program. - Government financial
institutions such as the Development Bank of the Philippines
(DBP), Landbank of the Philippines (LBP), Government Service
Insurance System (GSIS), and such other government institutions
providing financial services shall, in accordance with and to the
extent allowed by the enabling provisions of their respective
charters or applicable laws, accord high priority to extend
financial services to individuals, enterprises, or private entities
engaged in solid waste management.
(4) Extension of Grants to LGUs. - Provinces, cities and
municipalities whose solid waste management plans have been
duly approved by the Commission or who have been commended
by the Commission for adopting innovative solid waste
management programs may be entitled to receive grants for the
purpose of developing their technical capacities toward actively
participating in the program for effectively and sustainable solid
waste management.
(5) Incentives to Host LGUs. - Local government units who host
common waste management facilities shall be entitled to
incentives.
CHAPTER VFINANCING SOLID WASTE MANAGEMENT
Section 46. Solid Waste Management Fund - There is hereby
created, as a special account in the National Treasury, a Solid
Waste Management Fund to be administered by the Commission.
Such fund shall be sourced from the following:
(a) Fines and penalties imposed, proceeds of permits and licenses
issued by the Department under this Act, donations, endowments,
grants and contributions from domestic and foreign sources; and
(b) Amounts specifically appropriated for the Fund under the
annual General Appropriations Act;
The Fund shall be used to finance the following:
(1) products, facilities, technologies and processes to enhance
proper solid waste management;
(2) awards and incentives;
(3) research programs;
(4) information, education, communication and monitoring
activities;
(5) technical assistance; and
(6) capability building activities.
LGUs are entitled to avail of the Fund on the basis of their
approved solid waste management plan. Specific criteria for the
availment of the Fund shall be prepared by the Commission.
The fines collected under Sec. 49 shall be allocated to the LGU
where the fined prohibited acts are committed in order to finance
the solid waste management of said LGU. Such allocation shall be
based on a sharing scheme between the Fund and the LGU
concerned.
In no case, however, shall the Fund be used for the creation of
positions or payment of salaries and wages.
Section 47. Authority to Collect Solid Waste Management Fees -
The local government unit shall impose fees in amounts sufficient
to pay the costs of preparing, adopting, and implementing a solid
waste management plan prepared pursuant to this Act. The fees
shall be based on the following minimum factors:
(a) types of solid waste;
(b) amount/volume of waste; and
(c) distance of the transfer station to the waste management
facility.
The fees shall be used to pay the actual costs incurred by the LGU
in collecting the local fees. In determining the amounts of the
fees, an LGU shall include only those costs directly related to the
adoption and implementation of the plan and the setting and
collection of the local fees.
CHAPTER VIPENAL PROVISIONS
Section 48. Prohibited Acts - The following acts are prohibited:
(1) Littering, throwing, dumping of waste matters in public places,
such as roads, sidewalks, canals, esteros or parks, and
establishment, or causing or permitting the same;
(2) Undertaking activities or operating, collecting or transporting
equipment in violation of sanitation operation and other
requirements or permits set forth in established pursuant;
(3) The open burning of solid waste;
(4) Causing or permitting the collection of non-segregated or
unsorted wastes;
(5) Squatting in open dumps and landfills;
(6) Open dumping, burying of biodegradable or non-
biodegradable materials in flood prone areas;
(7) Unauthorized removal of recyclable material intended for
collection by authorized persons;
(8) The mixing of source-separated recyclable material with other
solid waste in any vehicle, box, container or receptacle used in
solid waste collection or disposal;
(9) Establishment or operation of open dumps as enjoined in this
Act, or closure of said dumps in violation of Sec. 37;
(10) The manufacture, distribution or use of non-environmentally
acceptable packaging materials;
(11) Importation of consumer products packaged in non-
environmentally acceptable materials;
(12) Importation of toxic wastes misrepresented as "recyclable" or
"with recyclable content";
(13) Transport and dumplog in bulk of collected domestic,
industrial, commercial, and institutional wastes in areas other
than centers or facilities prescribe under this Act;
(14) Site preparation, construction, expansion or operation of
waste management facilities without an Environmental
Compliance Certificate required pursuant to Presidential Decree
No. 1586 and this Act and not conforming with the land use plan
of the LGU;
(15) The construction of any establishment within two hundred
(200) meters from open dumps or controlled dumps, or sanitary
landfill; and
(16) The construction or operation of landfills or any waste
disposal facility on any aquifer, groundwater reservoir, or
watershed area and or any portions thereof.
Section 49. Fines and Penalties -
(a) Any person who violates Sec. 48 paragraph (1) shall, upon
conviction, be punished with a fine of not less than Three hundred
pesos (P300.00) but not more than One thousand pesos
(P1,000.00) or render community service for not less than one (1)
day to not more than fifteen (15) days to an LGU where such
prohibited acts are committed, or both;
(b) Any person who violates Sec. 48, pars. (2) and (3), shall, upon
conviction be punished with a fine of not less than Three hundred
pesos (P300.00) but not more than One thousand pesos
(P1,000.00) or imprisonment of not less than one (1) day but to
not more than fifteen (15) days, or both;
(c) Any person who violates Sec. 48, pars. (4), (5), (6) and (7)
shall, upon conviction, be punished with a fine of not less than
One thousand pesos (P1,000.00) but not more than Three
thousand pesos (P3,000.00) or imprisonment of not less than
fifteen (15) day but to not more than six (6) months, or both;
(d) Any person who violates Sec. 48, pars (8), (9), (10) and (11)
for the first time shall, upon conviction, pay a fine of Five hundred
thousand pesos (P500,000.00) plus and amount not less than five
percent (5%) but not more than ten percent (10%) of his net
annual income during the previous year.
The additional penalty of imprisonment of a minimum period of
one (1) year but not to exceed three (3) years at the discretion of
the court, shall be imposed for second or subsequent violations of
Sec. 48, pars. (9) and (10).
(e) Any person who violates Sec. 48, pars. (12) and (13) shall,
upon conviction, be punished with a fine not less than Ten
thousand pesos (P10,000.00) but not more than Two hundred
thousand pesos (P200,000.00) or imprisonment of not less than
thirty (30) days but not more than three (3) years, or both;
(f) Any person who violates Sec. 48, pars. (14), (15) and (16)
shall, upon conviction, be punished with a fine not less than One
hundred thousand pesos (P100,000.00) but not more than One
million pesos (P1,000,000.00), or imprisonment not less than one
(1) year but not more than six (6) years, or both.
If the offense is committed by a corporation, partnership, or other
juridical identity duly recognized in accordance with the law, the
chief executive officer, president, general manager, managing
partner or such other officer-in-charge shall be liable for the
commission of the offense penalized under this Act.
If the offender is an alien, he shall, after service of the sentence
prescribed above, be deported without further administrative
proceedings.
The fines herein prescribed shall be increased by at lest ten (10%)
percent every three (3) years to compensate for inflation and to
maintain the deterrent functions of such fines.
Section 50. Administrative Sanctions - Local government officials
and officials of government agencies concerned who fail to
comply with and enforce rules and regulations promulgated
relative to this Act shall be charged administratively in
accordance with R.A. 7160 and other existing laws, rules and
regulations
CHAPTER VIIMISCELLANEOUS PROVISIONS
Section 51. Mandatory Public Hearings - Mandatory public
hearings for national framework and local government solid waste
management plans shall be undertaken by the Commission and
the respective Boards in accordance with process to be
formulated in the implementing rules and regulations.
Section 52. Citizens Suits - For the purposes of enforcing the
provisions of this Act or its implementing rules and regulations,
any citizen may file an appropriate civil, criminal or administrative
action in the proper courts/bodies against:
(a) Any person who violates or fails to comply with the provisions
of this Act its implementing rules and regulations; or
(b) The Department or other implementing agencies with respect
to orders, rules and regulations issued inconsistent with this Act;
and/or
(c) Any public officer who willfully or grossly neglects the
performance of an act specifically enjoined as a duty by this Act
or its implementing rules and regulations; or abuses his authority
in the performance of his duty; or, in any many improperly
performs his duties under this Act or its implementing rules and
regulations; Provided, however, That no suit can be filed until
after thirty-day (30) notice has been given to the public officer
and the alleged violator concerned and no appropriate action has
been taken thereon.
The Court shall exempt such action from the payment of filing
fees and statements likewise, upon prima facie showing of the
non-enforcement or violation complained of, exempt the plaintiff
from the filing of an injunction bond for the issuance of
preliminary injunction.
In the event that the citizen should prevail, the Court shall award
reasonable attorney's fees, moral damages and litigation costs as
appropriate.
Section 53. Suits and Strategic Legal Action Against Public
Participation (SLAPP) and the Enforcement of this Act - Where a
suit is brought against a person who filed an action as provided in
Sec. 52 of this Act, or against any person, institution or
government agency that implements this Act, it shall be the duty
of the investigating prosecutor or the Court, as the case may be,
to immediately make a determination not exceeding thirty (30)
days whether said legal action has been filed to harass, vex, exert
undue pressure or stifle such legal recourses of the person
complaining of or enforcing the provisions of this Act. Upon
determination thereof, evidence warranting the same, the Court
shall dismiss the complaint and award the attorney's fees and
double damages.
This provision shall also apply and benefit public officers who are
sued for acts committed in their official capacity, there being no
grave abuse of authority, and done in the course of enforcing this
Act.
Section 54. Research on Solid Waste Management - The
Department after consultations with the cooperating agencies,
shall encourage, cooperate with, and render financial and other
assistance to appropriate government agencies and private
agencies, institutions and individuals in the conduct and
promotion researches, experiments, and other studies on solid
waste management, particularly those relating to:
>
(a) adverse health effects of the release into the environment of
materials present in solid wastes, and methods to eliminate said
effects;
(b) the operation and financing of solid waste disposal programs;
(c) the planning, implementing and operation of resource
recovery and resource conservation systems;
(d) the production of usable forms of recovered resources,
including fuel from solid waste;
(e) the development and application of new and improved
methods of collecting and disposing of solid waste and processing
and recovering materials and energy from solid waste;
(f) improvements in land disposal practices for solid waste
(including sludge); and
(g) development of new uses of recovered resources and
identification of existing or potential markets of recovered
resources.
In carrying out solid waste researches and studies, the Secretary
of the Department or the authorized representative may make
grants or enter into contracts with government agencies,
nongovernment organizations and private persons.
Section 55. Public Education and Information - The Commission
shall, in coordination with DECS, TESDA, CHED, DILG and PIA,
conduct a continuing education and information campaign on
solid waste management, such education and information
program shall:
(a) Aim to develop public awareness of the ill-effects of and the
community based solutions to the solid waste problem;
(b) Concentrate on activities which are feasible and which will
have the greatest impact on the solid waste problem of the
country, like resource conservation and recovery, recycling,
segregation at source, re-use, reduction, and composing of solid
waste; and
(c) Encourage the general public, accredited NGOs and people's
organizations to publicity endorse and patronize environmentally
acceptable products and packaging materials.
Section 56. Environmental Education in the Formal and
Nonformal Sectors - The national government, through the DECS
and in coordination with concerned government agencies, NGOs
and private institutions, shall strengthen the integration of
environmental concerns in school curricula at all levels, with
particular emphasis on the theory and practice of waste
management principles like waste minimization, specifically
resource conservation and recovery, segregation at source,
reduction, recycling, re-use,and composing, in order to promote
environmental awareness and action among the citizenry.
Section 57. Business and Industry Role - The Commission shall
encourage commercial and industrial establishments, through
appropriate incentives other than tax incentives to initiate,
participate and invest in integrated ecological solid waste
management projects to manufacture environment-friendly
products, to introduce develop and adopt innovative processes
that shall recycle and re-use materials, conserve raw materials
and energy, reduce waste, and prevent pollution and to
undertake community activities to promote and propagate
effective solid waste management practices.
Section 58. Appropriations - For the initial operating expenses of
the Commission and the National Ecology Center as well as the
expensed of the local government units to carry out the mandate
of this Act, the amount of Twenty million pesos (P20,000,000.00)
is hereby appropriated from the Organizational Adjustment Fund
on the year this Act is approved. Thereafter, it shall submit to the
Department of Budget and Management its proposed budget for
inclusion in the General Appropriations Act.
Section 59. Implementing Rules and Regulations (IRR) - The
Department, in coordination with the Committees on Environment
and Ecology of the Senate and House of Representative,
respectively, the representatives of the Leagues of Provinces,
Cities, Municipalities and Barangay Councils, the MMDA and other
concerned agencies, shall promulgate the implementing rules and
regulations of this Act, within one (1) year after its enactment:
Provided, That rules and regulations issued by other government
agencies and instrumentalities for the prevention and/or
abatement of the solid waste management problem not
inconsistent with this Act shall supplement the rules and
regulations issued by the Department, pursuant to the provisions
of this Act.
The draft of the IRR shall be published and be the subject of
public consultation with affected sectors. It shall be submitted to
the Committee on Environment Ecology of the Senate and House
of Representatives, respectively, for review before approved by
the Secretary.
Section 60. Joint Congressional Oversight Committee - There is
hereby created a Joint Congressional Oversight Committee to
monitor the implementation of the Act and to oversee the
functions of the Commission. The Committee shall be composed
of five (5) Senators and five (5) Representatives to be appointed
by the Senate President and Speaker of the House of
Representatives, respectively. The Oversight Committee shall be
co-chaired by a Senator and a Representative designated by the
Senate President and the Speaker of the House of
Representatives, respectively.
Section 61. Abolition of the Presidential Task Force On Waste
Management and the Project Management Office on Solid Waste
Management - The Presidential Task Force on Waste Management
which was created by virtue of Memorandum Circular No. 39
dated November 2, 1987, as amended by Memorandum Circular
No. 39A and 88 is hereby abolished.
Further, pursuant to Administrative Order No. 90 dated October
19, 1992, the Project Management Office on Solid Waste
Management is likewise hereby abolished. Consequently their
powers and functions shall be absorbed by the Commission
pursuant to the provisions of this Act.
Section 62. Transitory Provision - Pending the establishment of
the framework under Sec. 15 hereof, plans under Sec. 16 and
promulgation of the IRR under Sec. 59 of this Act, existing laws,
regulations, programs and projects on solid waste management
shall
be enforced: Provided, That for specific undertaking, the same
may be revised in the interim in accordance with the intentions of
this Act.
Section 63. Report to Congress - The Commission shall report to
Congress not later than March 30 of every year following the
approval of this Act, giving a detailed account of its
accomplishments and progress on solid waste management
during the year and make the necessary recommendations in
areas where there is need for legislative action.
Section 64. Separability Clause - If any provision of this Act or
the application of such provision to any person or circumstances
is declared unconstitutional, the remainder of the Act or the
application of such provision to other persons or circumstances
shall not be affected by such declaration.
Section 65. Repealing Clause - All laws, decrees, issuances, rules
and regulations or parts thereof inconsistent with the provisions
of this Act are hereby repealed or modified accordingly.
Section 66. Effectivity - This Act shall take effect fifteen (15)
days after its publication in at least two (2) newspapers of general
circulation.
Approved: January 26, 2001

(Sgd.)
GLORIA MACAPAGAL-ARROYO
President of the Philippines