REPUBLIC ACT NO.

9003
(ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000)

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.

CHAPTER I
BASIC POLICIES

Article 1
General Provisions

SECTION 1. Short Title. - This Act shall be known as the

"Ecological Solid Waste Management Act of 2000."

Sec. 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 2
Definition of Terms

Sec. 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 II
INSTITUTIONAL MECHANISM

Sec. 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 non-government 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 8. Role of the Department. - 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 13. 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 III
COMPREHENSIVE SOLID WASTE MANAGEMENT

Article 1
General Provisions

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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 2
Segregation of Wastes

Sec. 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.

Sec. 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 3
Collection and Transport of Solid Wastes

Sec. 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.

Sec. 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.
Sec. 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 4
Recycling Program

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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 non-
environmentally 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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 5
Composting

Sec. 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.

Sec. 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 6
Waste Management Facilities

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 42. Operating Criteria for Sanitary Landfills. - In the

operation of a sanitary land fill, each site operator shall
maintain the following minimum operating equipment:
(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 7
Local Government Solid Waste Management

Sec. 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.

Sec. 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 IV
INCENTIVES

Sec. 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 V
FINANCING SOLID WASTE MANAGEMENT

Sec. 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 Section 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.

Sec. 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 VI
PENAL PROVISIONS

Sec. 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.

Sec. 49. Fines and Penalties. - (a) Any person who violates
Section 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 Section 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 Section 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 Section 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 Section 48, pars. (9) and (10).

(e) Any person who violates Section 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 Section 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 years to compensate for inflation
and to maintain the deterrent functions of such fines.

Sec. 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 VII
MISCELLANEOUS PROVISIONS

Sec. 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.

Sec. 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.

Sec. 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 Section 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.
Sec. 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, non-government organizations and
private persons.
Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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