Ra 9003

Download as pdf or txt
Download as pdf or txt
You are on page 1of 38

SOLID WASTE

MANAGEMENT
LAW
REPUBLIC ACT NO.9003
“ ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000 “
REPUBLIC ACT NO.9003

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:
DECLARATION OF POLICIES GENERAL PROVISIONS
a) Ensure the protection of 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
(j) Strengthen 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.
SECTION 3 : DEFINITION OF TERMS
(a) Agricultural waste shall refer to waste generated from planting or harvesting of crops, trimming of prunning
of plants and wastes or run-off materials from forms or fields

(b) Bulky wastes shall refer in 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 or 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 pecomposition of organic matter by micro organisms, mainly
bacteria and fungi, into a humus like product
(g) Consumer electronics shall refer to special westes that include 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 Emironment and Natural Resources

(j) Disposal shall refer to the discharge, deposit, dumping spilling, leaking or placing of any solid waste into or
in any land.

(k) Disposal site shall refer to a site where solid waste is finally discharged and deposited
SECTION 3: DEFINITION OF TERMS
(l) Ecological solid waste management shall refer to the systematic administration of activities
which provide for segregation at source, segregated transportation, storage, transfor processing,
treatment, and disposal of solid waste and all other waste management activities which do not
harm the environment

(m) Environmentally scceptable shall refer to the quality of being reusabile, biodegradable o
compostable, recyclable and not toxic or hazardous to the environment

(n) Generation shall refer in 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 or combination of solid waste which because of
Its quantity, concentration, or physical, chemical or infectious characteristics

(1) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible,


or Incapacitating reversible, illness

(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
CHAPTER II
INSTITUTIONAL
MECHANISM
Section 4: National Solid Waste Management Commission. --There is
hereby established a National Solid Waste Management Commission, hereinafter
referred to as the Commission, under the Office of the President. The Commission shall
be composed of fourteen (14) members from the government sector and three (3)
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 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 Department Secretary and a private sector representative of
the
The Commission may, from time to time, call on any Commission shall serve as chairman and vice chairman,
other concerned agencies or respectively. The private sector
sectors as it may deem necessary. That representatives of the Commission shall be appointed on the basis
representatives from the NGOs, recycling and of their integrity, high
manufacturing or degree of professionalism and having distinguished themselves in
packaging industries shall be nominated through a environmental and
process designed by themselves and resource management. The members of the Commission shall
shall be appointed by the President for a term of serve and continue to
three (3) years. hold office until their successors shall have been appointed and
qualified.
Section 5. Powers and Functions of the Commission. -- The Commission
shall oversee the implementation of solid waste management plans and prescribe
policies to achieve the objectives of this Act.

Section 6. Meetings. -- The Commission shall meet at least once a month.


The presence of at least a majority of the members shall constitute a quorum. The
chairman, or in his absence the vice-chairman, shall be presiding officer. In the absence
of the heads of the agencies mentioned in Section 4 of this Act, they may designate
permanent representatives to attend the meetings.

Section 7. The National Ecology Center. -- There shall be established a


National Ecology Center under the Commission which shall provide consulting,
information, training, and networking services for the implementation of the provisions of
this Act

The National Ecology Center shall be headed by the director of the Bureau in his
ex officio capacity. It shall maintain a multi-sectoral, multi-disciplinary pool of experts
including those from the academe, inventors, practicing professionals, business and
industry, youth, women and other concerned sectors, who shall be screened according
to qualifications set by the Commission.
Section 8. Role of the 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; Section 11. Provincial Solid Waste Management Board. -- A
(b) Prepare an annual National Solid Waste Management Status Report; Provincial Solid
(c) Prepare and distribute information, education and communication materials Waste Management Board shall be established in every province, to
on solid waste management; be chaired by the
(d) Establish methods and other parameters for the measurement of waste governor.
reduction, collection and disposal;
(e) Provide technical and other capability building assistance and support to the
Section 12. City and Municipal Solid Waste Management Board. -
LGUs in the development and implementation of local solid waste
management plans and programs; - Each
(f) Recommend policies to eliminate barriers to waste reduction programs; city or municipality shall form a City or Municipal Waste
(g) Exercise visitorial and enforcement powers to ensure strict compliance with Management Board that shall
this Act; prepare, submit and implement a plan for the safe and sanitary
(h) Perform such other powers and functions necessary to achieve the objectives management of solid
to this Act; and waste generated in areas under its geographic and political
(i) Issue rules and regulations to effectively implement the provisions of this Act coverage.

Section 9. Visitorial Powers of the Department. -- The Department or its Section 13. Establishment of Multi-Purpose Environment
duly authorized representative shall have access to, and the right to copy Cooperatives or
therefrom, the Associations in Every LGU. -- Multi-purpose cooperatives and
records required to be maintained pursuant to the provisions of this Act
associations that shall
undertake activities to promote the implementation and/or
Section 10. Role of LGUs in Solid Waste Management. -- Pursuant to the directly undertake projects in compliance with the provisions
relevant provisions of R.A. No. 7160, otherwise known as the Local Government of this Act shall be encouraged and promoted in every
Code,
LGU.
the LGUs shall be primarily responsible for the implementation and enforcement
of the
provisions of this Act within their respective jurisdictions.
CHAPTER III.
COMPREHENSIVE SOLID WASTE MANAGEMENT
ARTICLE 1: GENERAL PROVISIONS
Section 14. National Solid Waste Management Status Report

The said report shall include, but shall not be limited, to the following:

(a) Inventory of existing solid waste facilities;


(b) General waste characterization;
(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) Estimation; 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 waste operators.

Section 15. National Solid Waste Management Framework

Such framework shall consider and include:

(a) Analysis and evaluation;


(b) Identification of critical solid waste facilities and local government units;
(c) Characteristics and conditions of collection, storage, processing, disposal, operating
methods, techniques and practices, location of facilities;
(d) Waste diversion goal pursuant to Section 20 of this Act;
(e) Schedule for the closure and/or upgrading of open and controlled dumps pursuant to
Section 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 waste minimization;
(i) A technical and economic description of the level of performance;
(j) Appropriate solid waste facilities and conservation systems;
(k) Recycling programs for the recyclable materials;
(l) Venues for public participation;
(m) Information and education campaign strategies;
(n) A description of levels of performance and appropriate methods and degrees of
control;
(1) Protection of the quality of groundwater and surface waters from leachate and run-
off contamination;
(2) Disease and epidemic prevention and control;
(3) Safety and aesthetics.
(o) Minimum criteria to be used by the local government units;
(p) The method and procedure for the phaseout and the eventual closure;

Section 16. Local Government Solid Waste Management Plans

Section 17. The Components of the Local Government Solid Waste Management Plan

The solid waste management plan shall include, but not limited to, the following
components:

(a) City or Municipal Profile


(1) Estimated population of each barangay;
(2) Illustration or map of the city/municipality;
(3) Estimated solid waste generation and projection by source;
(4) Inventory of existing waste disposal and other solid waste facilities and capacities;
(b) Waste characterization
(c) Collection and Transfer
(1) Availability and provision of properly designed containers or receptacles;
(2) Segregation;
(3) Hauling and transfer of solid waste from source or collection;
(4) Issuance and enforcement of ordinances;
(5) Provision of properly trained officers and workers.
(b) Waste characterization
(c) Collection and Transfer
(d) Processing
(e) Source reduction
(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 activities;
(4) The types of wastes to be reduced pursuant to Section 15 of this Act;
(5) The methods that the LGU will use to determine the categories of solid wastes;
(6) New facilities and of expansion of existing facilities.
(f) Recycling
(1) The types of materials to be recycled under the programs;
(2) The methods for determining the categories of solid wastes;
(3)New facilities and expansion of existing facilities needed to implement the recycling
component.
(g) Composting
(h) Solid waste facility capacity and final disposal
(1) Implementation of source reduction, recycling, and composting programs required
in this Section
(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.
(i) Education and public information
(j) Special waste
(k) Resource requirement and funding
(l) Privatization of solid waste management projects
(m) Incentive programs

Section 18. Owner and Operator

Section 19. Waste Characterization

Section 20. Establishing Mandatory Solid Waste Diversion


ARTICLE II
Segregation of Wastes
Section 21 Section 22
Mandatory Segregation of Solid Wastes. Requirements for the Segregation
LGUs are responsible for deciding how to and Storage of Solid Waste.
collect waste, considering both public and Shall be the minimum standards and requirements for
private sector involvement. Waste sorting segregation and storage of solid waste pending
should happen at the source, including collection:
homes, businesses, and farms, and should be
categorized as provided in Section 22. (a) There shall be a separate container for each type of
waste from all sources.
(a). Designated area and containers
(b) The solid waste container depending on its use shall
be properly marked or
(b). Notify the occupants of such buildings 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 III
Collection and Transport of Solid Waste
Section 23 Section 24
Requirements for Collection of Solid Requirements for the Transport of Solid Waste.
Waste.
The use of separate collection schedules and/or separate
(a). Protective Gear: Waste collectors trucks or haulers shall be required for specific types of wastes.
and personnel must wear personal Otherwise, vehicles used for the collection and transport of
protective equipment (PPE) to protect solid wastes shall have the appropriate compartments to
themselves from hazards associated facilitate efficient storing of sorted wastes while in transit.
with handling waste.
Section 25
(b). Proper Training: Collectors and Guidelines for Transfer Stations.
personnel need training to ensure
they handle solid waste properly, Transfer stations shall be
following guidelines outlined in the designed and operated for efficient waste handling capacity
law. and in compliance with
environmental standards and guidelines set pursuant to this
(c). Careful Collection: Waste
Act and other regulations:
collection must be done in a way that
Provided, That no waste shall be stored in such station
prevents damage to containers and
beyond twenty-four (24) hours.
avoids spilling or scattering waste.
ARTICLE IV
Recycling Program
Section 26: Inventory of Existing
Markets for Recyclable Materials.
Section 29: Non-Environmentally Acceptable
Section 27: Requirement for Eco- Products.
Labeling. The Commission will create a list of non-environmentally
acceptable products, but only those for which affordable
Section 28: Reclamation Programs and Buy-back alternatives exist (no more than 10% more expensive). This
Centers for Recyclables and Toxics. list will be created within one year of the law taking effect,
Assisting LGUs: The Center will help LGUs establish after public hearings.
deposit or reclamation programs for recyclable
materials, especially hazardous ones like batteries Exceptions to the Prohibition: The ban on non-
and tires. environmentally acceptable products doesn't apply to:
Collaboration: This will involve working with (a). Medical packaging used in hospitals and healthcare
manufacturers, recyclers, and waste generators. facilities.
Safe Disposal: The goal is to ensure these hazardous (b). Packaging for which no commercially available
materials are not incinerated or landfilled, but alternatives exist.
instead are collected separately, screened, and sent
to appropriate hazardous waste treatment facilities,
following existing laws (RA 6969).
Section 30: Prohibitation on the Use of Non- Section 31: Recycling Market Development.
Environmentally Acceptable
Packaging. The Commission, working with the National Ecology Center,
Retail Restrictions: Commercial establishments DTI, and Department of Finance, will create procedures,
cannot sell products packaged in non- standards, and strategies to promote the market for recycled
environmentally acceptable packaging. The materials and develop the local market for recycled goods.
Commission will set a phase-out period for
these products. (a). Financial Incentives: The government will provide loans
Presumption of Intent: Having non- and grants to encourage private companies to build facilities
environmentally acceptable packaging in a store that manufacture products from recycled materials.
is considered a presumption of intent to sell it.
Manufacturer Reporting: Distributors, (b). Government Purchase Guarantees: Local and national
governments will guarantee purchases of a certain percentage
manufacturers, and warehouse operators must
of the output from these recycling facilities.
report products in non-environmentally
acceptable packaging annually to the local
(c). Market Development: The government will assist in finding
government.
buyers for recycled materials, improve their marketability, and
License Revocation: Violation of these
potentially modify collection or processing methods to
regulations could lead to license revocation, improve their quality.
suspension, denial, or non-renewal for the
establishment.
Section 32 Section 33
Establishment of LGU Materials Recovery Guidelines for Establishment of Materials
Facility. Recovery Facility.
Facility Design: MRFs must be designed to
The establishment of a Materials Recovery
facilitate efficient and safe materials
Facility (MRF) in every barangay or a group of
handling, processing, and storage. This
barangays. These facilities will be located on
includes:
land owned or leased by the barangay, chosen
by the barangay council. The specific location
(a). Layout and Equipment: The building and
and implementation of the MRF must follow
land layout, along with the equipment, must be
the guidelines outlined in the law. The MRF
designed for efficient and safe materials
will serve as a central point for collecting
movement and storage.
mixed waste, where materials will be sorted,
segregated, composted, and recycled. Any
(b). Access and Flow: The building must be
remaining waste that cannot be processed will
designed for efficient and safe external access,
be transported to a long-term storage or
as well as accommodating internal flow of
disposal facility, such as a sanitary landfill. This
materials.
comprehensive approach aims to manage
waste more effectively at the local level,
promoting recycling and reducing the amount
of waste sent to landfills.
ARTICLE V
Section 34 Composting
Inventory of Markets for
Composts. Within six (6) months after the effectivity of this Act, the
DA shall publish an inventory of existing markets and
demands for composts. Said inventory shall thereafter be
updated and published annually: Provided, that the
composting of agricultural wastes, and other compostable
materials, including but not limited to garden wastes, shall
be encouraged.
Section 35
Compost products intended
Guidelines for Compost to be distributed commercially shall conform with the
standards for organic fertilizers set
Quality. by the DA. The DA shall assist the compost producers
to ensure that the compost
products conform to such standards.
ARTICLE Vl
Waste Management Facilities
Section 36
Inventory of Waste Disposal
Facilities Within six (6) months from the effectivity of this Act, the
Department, in cooperation with the DOH, DILG and other
concerned agencies, shall publish an inventory of all solid
waste disposal facilitiesor sites in the country.
Section 37
Prohibition Against the Use of No open dumps shall be established and
operated, nor any practice or disposal of solid
Open Dumps for Solid Waste. waste by any person, including LGUs, which
constitutes the use of open dumps for solid
waste, be allowed after the effectivity of this Act:
Provided,That within three (3) years after the
effectivity of this Act, every LGU shall convert its
open dumps into controlled dumps.
Section 38 Section 39
Permit for Solid Waste Management Guidelines for Controlled Dumps.
Facility Construction and (a) Regular inert cover;
Expansion. (b) Surface water and peripheral site
No person shall commence drainage control;
operation, including site (c) Restriction of waste deposition to
preparation and 30 small working areas;
construction of a new solid waste (d) Fence, including provision for litter
management facility or the control;
expansion of an existing (e) Basic record-keeping;
facility until said person obtains an (f) Provision of maintained access road;
Environmental Compliance (g) Controlled waste picking and trading;
Certificate (ECC) from the (h) Post-closure site cover and
Department pursuant to P.D. 1586 vegetation;
and other permits and clearances (i) Hydrogeological siting.
from concerned
agencies.
Section 40
Criteria for Siting a Sanitary
Landfill.
(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 size must be located in an area where the landfill’s operation will not
detrimentally affect environmentally sensitive resources such as aquifer, 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;
Section 41: Criteria for Establisment of Sanitary Landfill.
a.) Liners
b.) Gas control recovery system
c.) Ground water monitoring well system
d.) Cover
e.) Closure procedure
f.) Post-closure care procedure

Section 42: Operating a Criteria for Landfills Sanitary


a.) Disposal site records of, but not limited to;
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
e.) Monitoring of quality of surface, ground and effluent waters, and gas emissions;

Article 7 :Local Government Solid Waste Management


Section 43 - Guidelines for Identification of Common Solid Waste Management Problems.
Section 44. Establishment of Common Waste Treatment and Disposal Facilities.
CHAPTER IV
INCENTIVES
Section 45. Incentives. – (a) Rewards, monetary or otherwise, shall be provided
to individuals, private organizations and entities, including non-government
organizations, that have undertaken outstanding and innovative projects,
technologies,processes and techniques or activities in re-use, recycling and
reduction. Said reward shall be sourced from the Fund herein created.
Fiscal Incentives
a.) Tax and Duty Exemption on Imported Capital Equipment and Vehicles
b.) Tax Credit on Domestic Capital Equipment
c.) Tax Credit on Domestic Capital Equipment
Non-Fiscal Incentives
Financial Assistance Program
Extension of Grants to LGUs.
Incentives to Host LGUs.
Chapter V: Financing Solid Waste Management
Section 46: Solid Waste Management Fund
Creation of Fund: Special account in the National Treasury, administered by the Commission.

Sources of the Fund:


Fines, penalties, permits, and licenses under this Act.
Donations, endowments, grants, and contributions (domestic and foreign).
Appropriations under the annual General Appropriations Act.

Uses of the Fund:


1. Products, facilities, technologies, and processes for solid waste management.
2. Awards and incentives.
3. Research programs.
4. Information, education, communication, and monitoring activities.
5. Technical assistance.
6. Capability-building activities.
LGU Access:
LGUs can access the Fund based on their approved solid waste management plans.
Allocation of fines collected under Section 49 goes to the LGU where the violation occurred.
Sharing Scheme: Allocation is shared between the Fund and the concerned LGU.

Restrictions: Fund cannot be used to create positions or pay salaries and wages.

Section 47: Authority to Collect Solid Waste Management Fees


LGU Authority: LGUs can impose fees to cover costs for preparing, adopting, and implementing
solid waste management plans.

Basis for Fees:


Types of solid waste.
Amount/volume of waste.
Distance from transfer station to waste facility.

Use of Collected Fees:


Fees cover actual costs of collection and plan implementation.
Only costs directly related to plan adoption, implementation, and fee collection are included.
Chapter VI: Penal Provisions
Section 48: Prohibited Acts
List of prohibited acts:

Littering: Throwing or dumping waste in public areas (roads, sidewalks, canals, parks).
Sanitation Violations: Operating or transporting equipment without necessary sanitation
permits.
Open Burning: Prohibited burning of solid waste.
Waste Collection: Collection of non-segregated or unsorted waste is not allowed.
Squatting: Squatting in open dumps or landfills is prohibited.
Open Dumping: Burying waste in flood-prone areas is forbidden.
Unauthorized Removal: Taking recyclable materials meant for authorized collection is not
allowed.
Mixing Recyclables: Mixing recyclable materials with solid waste in collection containers is
prohibited.
Open Dumps: Establishing or operating open dumps against this Act is not allowed.
Non-Eco Packaging: Manufacturing or using non-environmentally acceptable packaging is
prohibited.
Unauthorized Waste Transport: Transporting and dumping waste outside designated facilities is
forbidden.
Site Preparation: Construction of waste management facilities without proper environmental
compliance is prohibited.
Proximity Violations: Building within 200 meters of dumps or landfills is not allowed.
Landfill Restrictions: Constructing or operating landfills on aquifers or watersheds is prohibited

Section 49. Fines and Penalties


General Violations: Individuals who litter or violate sanitation standards may face fines ranging
from P300 to P1,000 or be required to perform community service for up to 15 days. This
approach aims to encourage compliance and awareness.

Sanitation and Burning Violations: Violating sanitation or open burning laws can result in fines
between P300 and P1,000 or imprisonment for up to 15 days. This deters individuals from
engaging in harmful practices.
Waste Collection Violations: Those who engage in non-segregated waste collection can be fined
between P1,000 and P3,000 or face imprisonment for 15 days to 6 months. This reinforces the
importance of proper waste segregation.

Severe Violations: For serious offenses, such as improper mixing of recyclables, the fines can
reach P500,000, along with a percentage of the offender's annual income. This penalty reflects
the significant impact of such violations.

Repeat Offenses: Repeat violations of severe offenses can result in imprisonment ranging from
one to three years. This aims to address persistent non-compliance.

High-Level Violations: Importing hazardous materials or violating strict waste transport


regulations can lead to fines between P10,000 and P200,000 or imprisonment for up to three
years. This addresses serious threats to public health and safety.

Facility Violations: Violating construction and operational regulations related to waste facilities
can result in fines from P100,000 to P1,000,000 or imprisonment for up to six years. These
severe penalties reflect the gravity of non-compliance.
Corporate Liability: If a corporation commits an offense, the top officials (such as the CEO or
managing partner) will be held responsible, ensuring accountability within organizations.

Deportation for Aliens: Foreign nationals found guilty of violations will face deportation after
serving their sentences, emphasizing strict enforcement of the law.

Inflation-Adjusted Fines: To maintain their effectiveness as deterrents, fines will be adjusted


upward by at least 10% every three years to account for inflation.

Section 50. Administrative Sanctions


Failure to Enforce: Local government officials and agency heads who fail to comply with or enforce
the rules and regulations of this Act may face administrative charges under R.A. 7160 and other
related laws. This ensures that public officials are held accountable for their roles in waste
management enforcement.
CHAPTER VII
MISCELLANEOUS PROVISIONS
Section 51 Mandatory Public hearings on solid waste management
Mandatory Public plans shall be undertaken by the Commission and
Hearings respective Boards as part of the implementation process.

Section 52 Any citizen may file a case to enforce this Act against:

Citizen Suits (a) Violators of this Act;


(b) Departments or agencies with inconsistent rules;
(c) Public officers neglecting duties or abusing authority.

Suits require a 30-day notice. The Court may waive fees and an
injunction bond if non-enforcement is proven and may award
attorney’s fees and damages to the plaintiff if successful.
CHAPTER VII
MISCELLANEOUS PROVISIONS
Section 53 If a case is filed against those enforcing this Act or citizens
Suits and Strategic Legal under Sec. 52, the prosecutor or Court must determine within
Action Against 30 days if it is meant to harass or hinder enforcement. If so,
Public Participation the Court will dismiss it and award attorney's fees and double
(SLAPP) and the damages. This also protects public officers acting within their
Enforcement of this authority.
Act.
Section 54 The Department funds research on waste management
Research on Solid Waste impacts, recovery methods, and disposal improvements,
Management collaborating with various agencies and institutions.

Section 55 An educational campaign, led by the Commission and


Public Education and government bodies, promotes awareness and practical
solutions to the waste problem among the public.
Information
CHAPTER VII
MISCELLANEOUS PROVISIONS
Section 56 The national government, through DECS and with other agencies,
Environmental NGOs, and private institutions, will strengthen environmental
education in school curricula to emphasize waste management
Education in the Formal principles like minimization, conservation, segregation, recycling,
and Non-formal Sectors and composting, fostering awareness and action.

The Commission shall encourage commercial and industrial


Section 57 establishments, through non-tax incentives, to engage in
Business and Industry ecological solid waste management projects, including
Role producing eco-friendly products, recycling, conserving resources,
reducing waste, preventing pollution, and promoting community
solid waste management.

Section 58 An initial budget of 20 million pesos is allocated for the


Commission's operations and local government units expenses
Appropriations related to this Act's mandates.
CHAPTER VII
MISCELLANEOUS PROVISIONS
Section 59 The Department, in coordination with various government
Implementing Rules bodies, will issue IRRs within one year, including public
consultations for feedback.
and Regulations (IRR)
A Joint Congressional Oversight Committee, composed of five
Section 60 Senators and five Representatives appointed by the Senate
Joint Congressional President and House Speaker, is created to monitor the Act's
Oversight Committee implementation and oversee the Commission. The Committee is
co-chaired by a Senator and a Representative.

Section 61
Abolition of the The Presidential Task Force on Waste Management created by
Presidential Task Force on Memorandum Circular No. 39 dated November 2, 1987, and
Waste Management and amended by Memorandum Circular Nos. 39A and 88, are
the Project Management abolished, with their powers and functions are absorbed by
Office on Solid Waste the Commission.

Management
CHAPTER VII
MISCELLANEOUS PROVISIONS
Until the framework under Sec. 15, plans under Sec. 16, and IRR
Section 62 under Sec. 59 are established, existing solid waste management
Transitory Provision laws and programs shall be enforced, with revisions as needed to
align with this Act.

Section 63 The Commission report to Congress by March 30 of each year on


waste management progress, with recommendations for further
Report to Congress legislative action.

Section 64 If any provision of this Act is declared unconstitutional, the


Separability Clause remainder of the Act shall not be affected.

Section 65 All laws, decrees, issuances, rules and regulations, or parts thereof
inconsistent with the provisions of this Act are hereby repealed or
Repealing Clause modified accordingly.

Section 66 This Act shall take effect fifteen (15) days after its publication in at least
Effectivity two (2) newspapers of general circulation.
End of
Presentation

You might also like