republic act (ra) 9003

7/28/2019 Republic Act (RA) 9003

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Philippine Environmental Laws Pollution

200 Helping Communities Defend the Earth

REPUBLIC ACT NO. 9003

AN ACT PROVIDING FOR ANECOLOGICAL SOLID WASTEMANAGEMENT PROGRAM,

CREATING

THE NECESSARYINSTITUTIONAL MECHANISMS

AND INCENTIVES,DECLARING

CERTAIN ACTS PROHIBITED ANDPROVIDING PENALTIES,APPROPRIATING FUNDS

THEREFOR,AND FOR OTHER PURPOSES

Be it enacted by the Senate and House ofRepresentative of the Philippines in Congressassembled:

CHAPTER IBASIC POLICIES

Article 1General Provisions

Section 1. Short Title. - This Act shall beknown as the "Ecological Solid WasteManagement Act of 2000."

Section 2. Declaration of Policies. - It is herebydeclared the policy of the State to adopt asystematic, comprehensive and ecologicalsolid waste management program whichshall:(a) Ensure the protection of the public

health and environment;(b) Utilize environmentally-sound methods

that maximize the utilization of valuableresources and encourage resourceconservation and recovery;

(c) Set guidelines and targets for solid wasteavoidance and volume reductionthrough source reduction and wasteminimization measures, includingcomposting, recycling, re-use, recovery,green charcoal process, and others,before collection, treatment anddisposal in appropriate and

environmentally sound solid wastemanagement facilities in accordancewith ecologically sustainabledevelopment principles;

(d) Ensure the proper segregation,collection, transport, storage, treatment

and disposal of solid waste through theformulation and adoption of the bestenvironmental practice in ecologicalwaste management excludingincineration;

(e) Promote national research anddevelopment programs for improvedsolid waste management and resourceconservation techniques, more effectiveinstitutional arrangement andindigenous and improved methods ofwaste reduction, collection, separationand recovery;

(f) Encourage greater private sectorparticipation in solid wastemanagement;

(g) Retain primary enforcement andresponsibility of solid wastemanagement with local governmentunits while establishing a cooperativeeffort among the national government,other local government units, non-government organizations, and the

private sector;(h) Encourage cooperation and self-regulation among waste generatorsthrough the application of market-basedinstruments;

(i) Institutionalize public participation inthe development and implementation ofnational and local integrated,comprehensive, and ecological wastemanagement programs; and

(j) Strength the integration of ecologicalsolid waste management and resource

conservation and recovery topics intothe academic curricula of formal andnon-formal education in order topromote environmental awareness andaction among the citizenry.


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Helping Communities Defend the Earth 201

Article 2Definition of Terms

Section 3. Definition of Terms. - For thepurposes of this Act:

(a) Agricultural waste shall refer to wastegenerated from planting or harvestingof crops, trimming or pruning of plantsand wastes or run-off materials fromfarms or fields;

(b) Bulky wastesshall refer to waste materialswhich cannot be appropriately placed inseparate containers because of either itsbulky size, shape or other physicalattributes. These include large worn-outor broken household, commercial, andindustrial items such as furniture, lamps,bookcases, filing cabinets, and othersimilar items;

(c) Bureaushall refer to the EnvironmentalManagement Bureau;

(d) Buy-back center shall refer to a recyclingcenter that purchases of otherwiseaccepts recyclable materials from thepublic for the purpose of recycling suchmaterials;

(e) Collection shall refer to the act ofremoving solid waste from the source

or from a communal storage point;(f) Composting shall refer to the controlleddecomposition of organic matter bymicro-organisms, mainly bacteria andfungi, into a humus-like product;

(g) Consumer electronics shall refer to specialwaste that includes worn-out, broken,and other discarded items such asradios, stereos, and TV sets;

(h) Controlled dump shall refer to a disposalsite at which solid waste is deposited inaccordance with the minimum

prescribed standards of site operation;(i) Departmentshall refer to the Department

of Environment and Natural Resources;(j) Disposal shall refer to the discharge,

deposit, dumping, spilling, leaking orplacing of any solid waste into or in anland;

(k) Disposal site shall refer to a site wheresolid waste is finally discharged anddeposited;

(l) Ecological solid waste managementshall referto the systematic administration ofactivities which provide for segregation

at source, segregated transportation,storage, transfer, processing, treatment,and disposal of solid waste and all otherwaste management activities which donot harm the environment;

(m)Environmentally acceptableshall refer to thequality of being re-usable, biodegradableor compostable, recyclable and nottoxic or hazardous to the environment;

(n) Generation shall refer to the act orprocess of producing solid waste;

(o) Generatorshall refer to a person, naturalor juridical, who last uses a material andmakes it available for disposal orrecycling;

(p) Hazardous wasteshall refer to solid wastemanagement or combination of solidwaste which because of its quantity,concentration or physical, chemical orinfectious characteristics may:(1) cause, or significantly contribute to

an increase in mortality or an increasein serious irreversible, or

incapacitating reversible, illness; or(2) pose a substantial present orpotential hazard to human health orthe environment when improperlytreated, stored, transported, ordisposed of, or otherwise managed;

(q) Leachateshall refer to the liquid producedwhen waste undergo decomposition,and when water percolate through solidwaste undergoing decomposition. It iscontaminated liquid that containsdissolved and suspended materials;

(r) Materials recovery facility includes a solidwaste transfer station or sorting station,drop-off center, a composting facility,and a recycling facility;

(s) Municipal waste shall refer to wastesproduced from activities within localgovernment units which include acombination of domestic, commercial,


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institutional and industrial wastes andstreet litters;

(t) Open dump shall refer to a disposal areawherein the solid wastes areindiscriminately thrown or disposed ofwithout due planning and consideration

for environmental and Healthstandards;

(u) Opportunity to recycleshall refer to the actof providing a place for collectingsource-separated recyclable material,located either at a disposal site or atanother location more convenient tothe population being served, andcollection at least once a month ofsource-separated recyclable materialfrom collection service customers andto providing a public education andpromotion program that gives notice toeach person of the opportunity torecycle and encourage source separationof recyclable material;

(v) Person(s) shall refer to any being, naturalor judicial, susceptible of rights andobligations, or of being the subject oflegal relations;

(w) Post-consumer materialshall refer only tothose materials or products generatedby a business or consumer which have

served their intended end use, andwhich have been separated or divertedfrom solid waste for the purpose ofbeing collected, processed and used as araw material in the manufacturing ofrecycled product, excluding materialsand by-products generated from, andby-products generated from, andcommonly used within an originalmanufacturing process, such as millscrap;

(x) Receptacles shall refer to individual

containers used for the sourceseparation and the collection ofrecyclable materials;

(y) Recovered material shall refer to materialand by products that have beenrecovered or diverted from solid wastefor the purpose of being collected,

processed and used as a raw material inthe manufacture of a recycled product;

(z) Recyclable materialshall refer to any wastematerial retrieved from the waste streamand free from contamination that canstill be converted into suitable beneficial

use or for other purposes, including, butnot limited to, newspaper, ferrous scrapmetal, non-ferrous scrap metal, used oil,corrugated cardboard, aluminum, glass,office paper, tin cans and othermaterials as may be determined by theCommission;

(aa) Recycled material shall refer to post-consumer material that has beenrecycled and returned to the economy;

(bb) Recycling shall refer to the treating ofused or waste materials through aprocess of making them suitable forbeneficial use and for other purposes,and includes any process by which solidwaste materials are transformed intonew products in such a manner that theoriginal product may lose their identity,and which maybe used as raw materialsfor the production of other goods orservices: Provided, That the collection,segregation and re-use of previouslyused packaging material shall be deemed

recycling under this Act;(cc) Resource conversation shall refer to thereduction of the amount of solid wastethat are generated or the reduction ofoverall resource consumption, andutilization of recovered resources;

(dd) Resources recovery shall refer to thecollection, extraction or recovery ofrecyclable materials from the wastestream for the purpose of recycling,generating energy or producing aproduct suitable for beneficial use:

Provided, That such resource recoveryfacilities exclude incineration;

(ee) Re-use shall refer to the process ofrecovering materials intended for thesame or different purpose without thealteration of physical and chemicalcharacteristics;


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(ff) Sanitary landfill shall refer to a wastedisposal site designed, constructed,operated and maintained in a mannerthat exerts engineering control oversignificant potential environmentimpacts arising from the development

and operation of the facility;(gg) Schedule of Compliance shall refer to an

enforceable sequence of actions oroperations to be accomplished within astipulated time frame leading tocompliance with a limitation,prohibition or standard set forth in thisAct or any rule of regulation issuedpursuant thereto;

(hh) Secretary shall refer to the Secretary ofthe Department of Environment andNatural Resources;

(ii) Segregation shall refer to a solid wastemanagement practice of separatingdifferent materials found in solid wastein order to promote recycling and re-useof resources and to reduce the volumeof waste for collection and disposal;

(jj) Segregation at sourceshall refer to a solidwaste management practice ofseparating, at the point of origin,different materials found in solid wastein order to promote recycling and re-use

of resources and to reduce the volumeof waste for collection and disposal;(kk) Solid waste shall refer to all discarded

household, commercial waste, non-hazardous institutional and industrialwaste, street sweepings, constructiondebris, agricultural waste, and othernon-hazardous/non-toxic solid waste.Unless specifically noted otherwise, theterm solid waste as used in this Actshall not include:(1) Waste identified or listed as

hazardous waste of a solid, liquid,contained gaseous or semisolid formwhich may cause or contribute to anincrease in mortality or in serious orincapacitating reversible illness, oracute/chronic effect on the health ofpersons and other organisms;

(2) Infectious waste from hospitals suchas equipment, instruments, utensils,

and fomites of a disposable naturefrom patients who are suspected tohave or have been diagnosed ashaving communicable diseases andmust therefore be isolated as requiredby public health agencies, laboratory

wastes such as pathological specimens(i.e. all tissues, specimens of bloodelements, excreta, and secretionsobtained from patients or laboratoryanimals) and disposable fomites thatmay harbor or transmit pathogenicorganisms, and surgical operatingroom pathologic materials fromoutpatient areas and emergencyrooms; and

(3) Waste resulting from miningactivities, including contaminated soiland debris.

(ll) Solid waste management shall refer to thediscipline associated with the control ofgeneration, storage, collection, transferand transport, processing, and disposalof solid wastes in a manner that is inaccord with the best principles of publichealth, economics, engineering,conservation, aesthetics, and otherenvironmental considerations, and thatis also responsive to public attitudes;

(mm) Solid waste management facilityshall referto any resource recovery system orcomponent thereof; any system,program, or facility for resourceconservation; any facility for thecollection, source separation, storage,transportation, transfer, processing,treatment, or disposal of solid waste;

(nn) Source reduction shall refer to thereduction of solid waste before it entersthe solid waste stream by methods suchas product design, materials

substitution, materials re-use andpackaging restrictions;

(oo) Source separationshall refer to the sortingof solid waste into some or all of itscomponent parts at the point ofgeneration;

(pp) Special wastes shall refer to householdhazardous wastes such as paints,thinners, household batteries, lead-acid


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batteries, spray canisters and the like.These include wastes from residentialand commercial sources that compriseof bulky wastes, consumer electronics,white goods, yard wastes that arecollected separately, batteries, oil, and

tires. These wastes are usually handledseparately from other residential andcommercial wastes;

(qq) Storage shall refer to the interimcontainment of solid wastes aftergeneration and prior to collection forultimate recovery or disposal;

(rr) Transfer stations shall refer to thosefacilities utilized to receive solid wastes,temporarily store, separate, convert, orotherwise process the materials in thesolid wastes, or to transfer the solidwastes directly from smaller to largervehicles for transport. This term doesnot include any of the following:(1) a facility whose principal function is

to receive, store, separate, convert orotherwise process in accordance withnational minimum standards, manure;

(2) a facility, whose principal function isto receive, store, convert, or otherwiseprocess wastes which have alreadybeen separated for re-use and are

intended for disposals, and(3) the operations premises of a dulylicensed solid waste handling operatorwho receives, stores, transfers, orotherwise processes wastes as anactivity incidental to the conduct of arefuse collection and disposalbusiness.

(ss) Waste diversion shall refer to activitieswhich reduce or eliminate the amountof solid waste from waste disposalfacilities;

(tt) White goodsshall refer to large worn-outor broken household, commercial, andindustrial appliances such as stoves,refrigerators, dishwashers, and clotheswashers and dryers collected separately.White goods ate usually dismantled forthe recovery of specific materials (e.g.,copper, aluminum, etc.);

(uu) Yard wasteshall refer to wood, small orchipped branches, leaves, grassclippings, garden debris, vegetableresidue that is recognized as part of aplant or vegetable and other materialsidentified by the Commission.

CHAPTER IIINSTITUTIONAL MECHANISM

Section 4.National Solid Waste ManagementCommission. - There is hereby established aNational Solid Waste ManagementCommission, hereinafter referred to as theCommission, under the Office of thePresident. The Commissioner shall becomposed of fourteen (14) members fromthe government sector and three membersfrom the private sector. The governmentsector shall be represented by the heads ofthe following agencies in their ex officiocapacity:(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 bythe following:(a) A representative from nongovernment

organizations (NGOs) whose principal


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purpose is to promote recycling and theprotection of air and water quality;

(b) A representative from the recyclingindustry; and

(c) A representative from the manufacturingor packaging industry;

The Commission may, from time to time,call on any other concerned agencies orsectors as it may deem necessary.

Provided, That representatives from theNGOs, recycling and manufacturing orpackaging industries shall be nominatedthrough a process designed by themselvesand shall be appointed by the President fora term of three (3) years.

Provided, further, That the Secretaries of themember agencies of the Commission shallformulate action plans for their respectiveagencies to complement the National SolidWaste Management Framework.

The Department Secretary and a privatesector representative of the Commissionshall serve as chairman and vice chairman,respectively. The private sectorrepresentatives of the Commission shall be

appointed on the basis of their integrity,high decree of professionalism and havingdistinguished themselves in environmentaland resource management. The members ofthe Commission shall serve and continue tohold office until their successors shall havebeen appointed and qualified. Should amember of the Commission fail to completehis/her term, the unexpired portion of theterm. Finally, the members shall be entitledto reasonable traveling expenses andhonoraria.

The Department, through theEnvironmental Management Bureau, shallprovide secretariat support to theCommission. The Secretariat shall beheaded by an executive director who shallbe nominated by the members of theCommission and appointed by thechairman.

Section 5. Powers and Functions of theCommission. - The Commission shall overseethe implementation of solid wastemanagement plans and prescribe policies toachieve the objectives of this Act. The

Commission shall undertake the followingactivities.(a) Prepare the national solid waste

management framework;(b) Approve local solid waste management

plans in accordance with its rules andregulations;

(c) Review and monitor the implementationof local solid waste management plans;

(d) Coordinate the operation of local solidwaste management boards in theprovincial and city/municipal levels;

(e) To the maximum extent feasible,utilizing existing resources, assistprovincial, city and municipal solidwaste management plans;

(f) Develop a model provincial, city andmunicipal solid waste management planthat will establish prototypes of thecontent and format which provinces,cities and municipalities may use inmeeting the requirements of theNational Solid Waste Management

Framework;(g) Adopt a program to provide technicaland other capability building assistanceand support to local government unitsin the development and implementationof source reduction programs;

(h) Develop and implement a program toassist local government units in theidentification of markets for materialsthat are diverted from disposal facilitiesthrough re-use, recycling, andcomposting, and other environment-

friendly methods;(i) Develop a mechanism for the imposition

of sanctions for the violationsenvironmental rules and regulations;

(j) Manage the Solid Waste ManagementFund;

(k) Develop and prescribe procedures forthe issuance of appropriate permits andclearances.


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(l) Review the incentives scheme foreffective solid waste management, forpurpose of ensuring relevance andefficiency in achieving the objectives ofthis Act;

(m) Formulate the necessary education

promotion and information campaignstrategies;

(n) Establish, after notice and hearing of theparties concerned, standards, criteria,guidelines, and formula that are fair,equitable and reasonable, in establishingtipping charges and rates that theproponent will charge in the operationand management of solid wastemanagement facilities and technologies.

(o) Develop safety nets and alternativelivelihood programs for small recyclersand other sectors that will be affected asa result of the construction and/oroperation of solid waste managementrecycling plant or facility.

(p) Formulate and update a list of non-environmentally acceptable materials inaccordance with the provisions of thisAct. For this purpose, it shall benecessary that proper consultation beconducted by the Commission with allconcerned industries to ensure a list that

is based on technological and economicviability.(q) Encourage private sector initiatives,

community participation andinvestments resource recovery-basedlivelihood programs for localcommunities.

(r) Encourage all local government agenciesand all local government units topatronize products manufactured usingrecycled and recyclable materials;

(s) Propose and adopt regulations requiring

the source separation and postseparation collection, segregatedcollection, processing, marketing andsale of organic and designated recyclablematerial generated in each localgovernment unit; and

(t) Study and review of the following:(i) Standards, criteria and guidelines for

promulgation and implementation ofan integrated national solid wastemanagement framework; and

(ii) Criteria and guidelines for siting,

design, operation and maintenance ofsolid waste management facilities.

Section 6.Meetings. - The Commission shallmeet at least once a month. The presence ofat least a majority of the members shallconstitute a quorum. The chairman, or inhis absence the vice-chairman, shall be thepresiding officer. In the absence of theheads of the agencies mentioned in Sec. 4 ofthis Act, they may designate permanentrepresentatives to attend the meetings.

Section 7. The National Ecology Center. -There shall be established a NationalEcology Center under the Commissionwhich shall provide consulting, information,training, and networking services for theimplementation of the provisions of thisAct.

In this regard, it shall perform the followingfunctions:

(a) Facilitate training and education inintegrated ecological solid wastemanagement;

(b) Establish and manage a solid wastemanagement information data base, incoordination with the DTI and otherconcerned agencies:(1) on solid waste generation and

management techniques as well as themanagement, technical andoperational approaches to resourcerecovery; and

(2) of processors/recyclers, the list ofmaterials being recycled or bought bythem and their respective prices;

(c) Promote the development of a recyclingmarket through the establishment of anational recycling network that willenhance the opportunity to recycle;


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(d) Provide or facilitate expert assistance inpilot modeling of solid wastemanagement facilities; and

(e) Develop, test, and disseminate modelwaste minimization and reductionauditing procedures for evaluating

options.

The National Ecology Center shall beheaded by the director of the Bureau in hisex officio capacity. It shall maintain a multi-sectoral, multi-disciplinary pool of expertsincluding those from the academe,inventors, practicing professionals, businessand industry, youth, women and otherconcerned sectors, who shall be screenedaccording to qualifications set by theCommission.

Section 8. Role of the Department. - For thefurtherance of the objectives of this Act, theDepartment shall have the followingfunctions:(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 parametersfor the measurement of wastereduction, collection and disposal;

(e) Provide technical and other capabilitybuilding assistance and support to theLGUs in the development andimplementation of local solid wastemanagement plans and programs;

(f) Recommend policies to eliminatebarriers to waste reduction programs;

(g) Exercise visitorial and enforcement

powers to ensure strict compliance withthis Act;

(h) Perform such other powers andfunctions necessary to achieve theobjectives of this Act; and

(i) Issue rules and regulations to effectivelyimplement the provisions of this Act.

Section 9.Visitorial Powers of the Department.- The Department or its duly authorizedrepresentative shall have access to, and theright to copy therefrom, the recordsrequired to be maintained pursuant to theprovisions of this Act. The Secretary or the

duly authorized representative shall likewisehave the right to enter the premises of anygenerator, recycler or manufacturer, orother facilities any time to question anyemployee or investigate any fact, conditionor matter which may be necessary todetermine any violation, or which may aid inthe effective enforcement of this Act and itsimplementing rules and regulations. ThisSection shall not apply to private dwellingplaces unless the visitorial power isotherwise judicially authorized.

Section 10. Role of LGUs in Solid WasteManagement. - Pursuant to the relevantprovisions of R.A. No. 7160, otherwiseknown as the Local government code, theLGUs shall be primarily responsible for theimplementation and enforcement of theprovisions of this Act within theirrespective jurisdictions.Segregation and collection of solid wasteshall be conducted at the barangay level

specifically for biodegradable, compostableand reusable wastes: Provided, That thecollection of non-recyclable materials andspecial wastes shall be the responsibility ofthe municipality or city.

Section 11.Provincial Solid Waste ManagementBoard. - A Provincial Solid WasteManagement board shall be established inevery province, to be chaired by thegovernor. Its members shall include:(a) All the mayors of its component cities

and municipalities;(b) One (1) representative from the

Sangguniang Panlalawigan to berepresented by the chairperson of eitherthe Committees on Environment orHealth or their equivalent committees,to be nominated by the presidingofficer;


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(c) The provincial health and/or generalservices officers, whichever may berecommended by the governor;

(d) The provincial environment and naturalresources officer;

(e) The provincial engineer;

(f) Congressional representatives from eachcongressional district within theprovince;

(g) A representative from the NGO sectorwhose principal purpose is to promoterecycling and the protection of air andwater quality;

(h) A representative from the recyclingindustry;

(i) A representative from the manufacturingor packaging industry; and

(j) A representative of each concernedgovernment agency possessing relevanttechnical and marketing expertise asmay be determined by the board.

The Provincial Solid Waste ManagementBoard may, from time to time, call on anyother concerned agencies or sectors as itmay deem necessary.

Provided, That representatives from theNGOs, recycling and manufacturing or

packaging industries shall be selectedthrough a process designed by themselvesand shall be endorsed by the governmentagency of representatives of the Board:

Provided, further, that in the Province ofPalawan, the Board shall be chaired by thechairman of the Palawan Council forSustainable Development, pursuant toRepublic Act No. 7611.

In the case of Metro Manila, the Board shall

be chaired by the chairperson of theMMDA and its members shall include:

(i) all mayors of its component citiesand municipalities;

(ii) a representative from the NGOsector whose principal purpose is topromote recycling and theprotection of air and water quality;

(iii) a representative from the recyclingindustry; and

(iv) a representative from themanufacturing or packagingindustry.

The Board may, from time to time, call onany other concerned agencies or sectors as itmay deem necessary.

Provided, That representatives from theNGOs, recycling and manufacturing orpackaging industries shall be selectedthrough a process designed by themselvesand shall be endorsed by the governmentagency representatives of the Board.

The Provincial Solid Waste ManagementBoard shall have the following functionsand responsibilities:(1) Develop a provincial solid waste

management plan from the submittedsolid waste management plans of therespective city and municipal solidwaste management boards hereincreated. It shall review and integrate thesubmitted plans of all its componentcities and municipalities and ensure thatthe various plan complement each

other, and have the requisitecomponents. The Provincial SolidWaste Management Plan shall besubmitted to the Commission forapproval.

The Provincial Plans shall reflect thegeneral program of action and initiativesof the provincial government andimplementing a solid wastemanagement program that wouldsupport the various initiatives of its

component cities and municipalities.(2) Provide the necessary logistical and

operational support to its componentcities and municipalities in consonancewith subsection (f) of Sec.17 of theLocal Government Code;


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(3) Recommend measures and safeguardsagainst pollution and for thepreservation of the natural ecosystem;

(4) Recommend measures to generateresources, funding and implementationof project and activities as specified in

the duly approved solid wastemanagement plans;

(5) Identify areas within its jurisdictionwhich have common solid wastemanagement problems and areappropriate units are planning localsolid waste management services inaccordance with Section 41 hereof;

(6) Coordinate the efforts of the componentcities and municipalities in theimplementation of the Provincial SolidWaste Management Plan;

(7) Develop an appropriate incentivescheme as an integral component of theProvincial Solid Waste ManagementPlan;

(8) Convene joint meetings of theprovincial, city and municipal solidwaste management boards at least everyquarter for purposes of integrating,synchronizing, monitoring andevaluating the development andimplementation of its provincial solid

waste management plan;(9) Represent any of its component city ormunicipality in coordinating its resourceand operational requirements withagencies of the national government;

(10) Oversee the implementation of theProvincial Solid Waste ManagementPlant;

(11) Review every two (2) years or as theneed arises the Provincial Solid WasteManagement Plan for purposes ofensuring its sustainability, viability,

effectiveness and relevance in relationto local and international developmentin the field of solid waste management;and

(12) Allow for the clustering of LGUs forthe solution of common solid wastemanagement problems.

Section 12. City and Municipal Solid WasteManagement Board. - Each city ormunicipality shall form a City or MunicipalWaste Management Board that shallprepare, submit and implement a plan forthe safe and sanitary management of solid

waste generated in areas under ingeographic and political coverage.

The City or Municipal Solid WasteManagement Board shall be composed ofthe city or municipal mayor as head with thefollowing as members:a) One (1) representative of Sangguniang

Panlungsod or the Sangguniang Bayan,preferably chairpersons of either theCommittees on Environment or Health,who will be designated by the presidingofficer;

b) President of the Association of BarangayCouncils in the municipality or city;

c) Chairperson of the SangguniangKabataan Federation;

d) A representative from NGOs whoseprincipal purpose is to promoterecycling and the protection of air andwater quality;

e) A representative from the recyclingindustry;

f) A representative from the manufacturingor packaging industry; andg) A representative of each concerned

government agency possessing relevanttechnical and marketing expertise asmay be determined by the Board.

The City or Municipal Solid WasteManagement Board may, from time to time,call on any concerned agencies or sectors asit may deem necessary.

Provided, That representatives from NGOs,recycling and manufacturing or packagingindustries shall be selected through aprocess designed by themselves and shall beendorsed by the government agencyrepresentatives of the Board.


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The City and Municipal Solid WasteManagement Boards shall have thefollowing duties and responsibilities:(1) Develop the City or Municipal Solid

Waste Management Plan that shallensure the long-term management of

solid waste, as well as integrate thevarious solid waste management plansand strategies of the barangays in itsarea of jurisdiction. In the developmentof the Solid Waste Management Plan, itshall conduct consultations with thevarious sectors of the community;

(2) Adopt measures to promote and ensurethe viability and effectiveimplementation of solid wastemanagement programs in itscomponent barangays;

(3) Monitor the implementation of the Cityor Municipal Solid Waste ManagementPlan through its various politicalsubdivisions and in cooperation withthe private sector and the NGOs;

(4) Adopt specific revenue-generatingmeasures to promote the viability of itsSolid Waste Management Plan;

(5) Convene regular meetings for purposesof planning and coordinating theimplementation of the solid waste

management plans of the respectivecomponent barangays;(6) Oversee the implementation of the City

or Municipal Solid Waste ManagementPlan;

(7) Review every two (2) years or as theneed arises the City or Municipal SolidWaste Management Plan for purposesof ensuring its sustainability, viability,effectiveness and relevance in relationto local and international developmentsin the field of solid waste management;

(8) Develop the specific mechanics andguidelines for the implementation of theCity or Municipal Solid WasteManagement Plan;

(9) Recommended to appropriate localgovernment authorities specificmeasures or proposals for franchise orbuild-operate-transfer agreements with

duly recognized institutions, pursuant toR.A.6957, to provide either exclusive ornon-exclusive authority for thecollection, transfer, storage, processing,recycling or disposal of municipal solidwaste. The proposals shall take into

consideration appropriate governmentrules and regulations on contracts,franchise and build-operate-transferagreements;

(10) Provide the necessary logistical andoperational support to its componentcities and municipalities in consonancewith subsection (f) of Sec. 17 of theLocal Government Code;

(11) Recommended measures andsafeguards against pollution and for thepreservation of the natural ecosystem;and

(12) Coordinates the efforts of itscomponents barangays in theimplementation of the city or municipalSolid Waste Management Plan.

Section 13. Establishment of Multi-PurposeEnvironment Cooperatives or Association in EveryLGU. - Multi-purpose cooperatives andassociations that shall undertake activities topromote the implementation and/ or

directly undertake projects in compliancewith the provisions of this Act shall beencouraged and promoted in every LGU.

CHAPTER IIICOMPREHENSIVE

SOLID WASTE MANAGEMENT

Article 1General Provisions

Section 14.National Solid Waste Management

Status Report. - The Department, incoordination with the DOH and otherconcerned agencies, shall within six (6)months after the effectivity of this Act,prepare a National Solid WasteManagement Status Report which shall beused as a basis in formulating the NationalSolid Waste Management Framework


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provided in Sec. 15 of this Act. Theconcerned agencies shall submit to theDepartment relevant data necessary for thecompletion of the said report within three(3) months following the effectivity of thisAct. 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 wastegenerated and estimation of volume andtype of waste for reduction andrecycling;

(c) Projection of waste generation;(d) The varying regional geologic,

hydrologic, climatic, and other factorsvital in the implementation of solidwaste practices to ensure the reasonableprotection of:

(1) the quality of surface and groundwaterfrom leachate contamination;

(2) the quality of surface waters fromsurface 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 wastemanagement;(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 ofwastes and recyclable materials; and

(j) Pertinent qualitative and quantitativeinformation concerning the extent ofsolid waste management problems and

solid waste management activitiesundertaken by local government unitsand the waste generators.

Provided, That the Department, inconsultation with concerned agencies, shallreview, update and publish a National SolidWaste Management Status Report every two(2) years or as the need arises.

Section 15.National Solid Waste ManagementFramework. - Within six (6) months from thecompletion of the national solid wastemanagement status report under Sec. 14 ofthis Act, the Commission created under Sec.4 of this Act shall, with public participation,

formulate and implement a National SolidWaste Management Framework. Suchframework shall consider and include:(a) Analysis and evaluation of the current

state, trends, projections of solid wastemanagement on the national, provincialand municipal levels;

(b) Identification of critical solid wastefacilities and local government unitswhich will need closer monitoringand/or regulation;

(c) Characteristics and conditions ofcollection, storage, processing, disposal,operating methods, techniques andpractices, location of facilities wheresuch operating methods, techniques andpractices are conducted, taking intoaccount the nature of the waste;

(d) Waste diversion goal pursuant to Sec. 20of this Act;

(e) Schedule for the closure and/orupgrading of open and controlleddumps pursuant to Sec. 37 of this Act;

(f) Methods of closing or upgrading opendumps for purposes of eliminatingpotential health hazards;

(g) The profile of sources, includingindustrial, commercial, domestic, andother sources;

(h) Practical applications of environmentallysound techniques of water minimizationsuch as, but not limited to, resourceconservation, segregation at source,recycling, resource recovery, includingwaste-to-energy generation, re-use and

composting;(i) A technical and economic description of

the level of performance that can beattained by various available solid wastemanagement practices which providefor the protection of public health andthe environment;

(j) Appropriate solid waste facilities andconservation systems;


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(k) Recycling programs for the recyclablematerials, such as but not limited toglass, paper, plastic and metal;

(l) Venues for public participation from allsectors at all phases/stages of the wastemanagement program/project;

(m) Information and education campaignstrategies;

(n) A description of levels of performanceand appropriate methods and degrees ofcontrol that provide, at the minimum,for protection of public health andwelfare through:(1) Protection of the quality of

groundwater and surface watersfrom leachate and run-offcontamination;

(2) Disease and epidemic preventionand control;

(3) Prevention and control of offensiveodor; and

(4) Safety and aesthetics.(o) Minimum criteria to be used by the local

government units to define ecologicalsolid waste management practices. Asmuch as practicable, such guidelinesshall also include minimum informationfor use in deciding the adequatelocation, design and construction of

facilities associated with solid wastemanagement practices, including theconsideration of regional, geographic,demographic and climatic factors; and

(p) The method and procedure for thephaseout and the eventual closurewithin eighteen (18) months from theeffectivity of this Act in case of existingopen dumps and/or sanitary landfillslocated within an aquifer, groundwaterreservoir or watershed area.

Section 16. Local Government Solid WasteManagement Plans. - The province, city ormunicipality, through its local solid wastemanagement boards, shall prepare itsrespective 10-year solid waste managementplans consistent with the national solidwaste management framework: Provided,That the waste management plan shall be

for the re-use, recycling and composting ofwastes generated in their respectivejurisdictions: Provided, further, That the solidwaste management plan of the LGU shallensure the efficient management of solidwaste generated within its jurisdiction. The

plan shall place primary emphasis onimplementation of all feasible re-use,recycling, and composting programs whileidentifying the amount of landfill andtransformation capacity that will be neededfor solid waste which cannot be re-used,recycled, or composted. The plan shallcontain all the components provided in Sec.17 of this Act and a timetable for theimplementation of the solid wastemanagement program in accordance withthe National Framework and pursuant tothe provisions of this Act: Provided, finally,That it shall be reviewed and updated everyyear by the provincial, city or municipalsolid waste management board.

For LGUs which have considered solidwaste management alternatives to complywith Sec. 37 of this Act, but are unable toutilize such alternatives, a timetable orschedule of compliance specifying theremedial measure and eventual compliance

shall be included in the plan.

All local government solid wastemanagement plans shall be subjected to theapproval of the Commission. The plan shallbe consistent with the national frameworkand in accordance with the provisions ofthis Act and of the policies set by theCommission; Provided, That in the provinceof Palawan, the local government solidwaste management plan shall be approvedby the Palawan Council for Sustainable

Development, pursuant to R.A. No. 7611.

Section 17. The Components of the LocalGovernment Solid Waste Management Plan. -The solid waste management plan shallinclude, but not limited to, the followingcomponents:


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(a) City or Municipal Profile - The plan shallindicate the following backgroundinformation on the city or municipalityand its component barangays, coveringimportant highlights of the distinctgeographic and other conditions:

(1) Estimated population of eachbarangay within the city ormunicipality and population projectfor a 10-year period;

(2) Illustration or map of thecity/municipality, indicatinglocations of residential, commercial,and industrial centers, andagricultural area, as well as dump,landfills and other solid wastefacilities. The illustration shallindicate as well, the proposed sitesfor disposal and other solid wastefacilities;

(3) Estimated solid waste generationand projection by source, such asresidential, market, commercial,industrial, construction/demolition, street waste,agricultural,agro-industrial, institutional, otherwaste; and

(4) Inventory of existing waste disposaland other solid waste facilities and

capacities.(b) Waste characterization - For the initialsource reduction and recycling elementof a local waste management plan, theLGU waste characterization componentshall identify the constituent materialswhich comprise the solid wastegenerated within the jurisdiction of theLGU. The information shall berepresentative of the solid wastegenerated and disposed of within thearea. The constituent materials shall be

identified by volume, percentage inweight or its volumetric equivalent,material type, and source of generationwhich includes residential, commercial,industrial, governmental, or othermaterials. Future revisions of wastecharacterization studies shall identifythe constituent materials which

comprise the solid waste disposed of atpermitted disposal facilities.

(c) Collection and Transfer - The plan shalltake into account the geographicsubdivisions to define the coverage ofthe solid waste collection area in every

barangay. The barangay shall beresponsible for ensuring that a 100%collection efficiency from residential,commercial, industrial and agriculturalsources, where necessary within its areaof coverage, is achieved. Toward thisend, the plan shall define and identifythe specific strategies and activities tobe undertaken by its componentbarangays, taking into account thefollowing concerns:(1) Availability and provision of

properly designed containers orreceptacles in selected collectionpoints for the temporary storage ofsolid waste while awaiting collectionand transfer to processing sites orto final disposal sites;

(2) Segregation of different types ofsolid waste for re-use, recycling andcomposting;

(3) Hauling and transfer of solid wastefrom source or collection points to

processing sites or final disposalsites;(4) Issuance and enforcement of

ordinances to effectively implementa collection system in the barangay;and

(5) Provision of properly trainedofficers and workers to handle solidwaste disposal.

The plan shall define and specify themethods and systems for thetransfer of solid waste from specific

collection points to solid wastemanagement facilities.

(d) Processing - The Plan shall define themethods and the facilities required toprocess the solid waste, including theuse of intermediate treatment facilitiesfor composting, recycling, conversionand other waste processing systems.Other appropriate waste processing


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technologies may also be consideredprovided that such technologiesconform with internationally-acceptableand other standards set in otherstandards set in other laws andregulations.

(e) Source reduction - The source reductioncomponent shall include a program andimplementation schedule which showsthe methods by which the LGU will, incombination with the recycling andcomposting components, reduce asufficient amount of solid wastedisposed of in accordance with thediversion requirements of Sec. 20.The source reduction component shalldescribe the following:(1) strategies in reducing the volume of

solid waste generated at source;(2) measures for implementing such

strategies and the resourcesnecessary to carry out suchactivities;

(3) other appropriate waste reductiontechnologies that may also beconsidered, provided that suchtechnologies conform with thestandards 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 useto determine the categories of solidwastes to be diverted from disposalat a disposal facility through re-use,recycling and composting; and

(6) new facilities and expansion ofexisting facilities which will beneeded to implement re-use,recycling and composting.

The LGU source reduction component

shall include the evaluation andidentification of rate structures and feesfor the purpose of reducing the amountof waste generated, an other sourcereduction strategies, including but notlimited to, programs and economicincentives provided under Sec. 46 ofthis Act to reduce the use of non-

recyclable materials, replace disposablematerials and products with reusablematerials and products, reducepackaging, and increase the efficiency ofthe use of paper, cardboard, glass,metal, and other materials. The waste

reduction activities of the communityshall also take into account, amongothers, local capability, economicviability, technical requirements, socialconcerns disposition of residual wasteand environmental impact: Provided,That, projection of future facilitiesneeded and estimated cost shall beincorporated in the plan.

(f) Recycling - The recycling componentshall include a program andimplementation schedule which showsthe methods by which the LGU shall, incombination with source reduction andcomposting components, reduce asufficient amount of solid wastedisposed of in accordance with thediversion requirements set in Sec .20.

The LGU recycling component shalldescribe the following:(1) The types of materials to be recycled

under the programs;

(2) The methods for determining thecategories of solid wastes to bediverted from disposal at a disposalfacility through recycling; and

(3) New facilities and expansion ofexisting facilities needed toimplement the recyclingcomponent.

The LGU recycling component shalldescribed methods for developing themarkets for recycled materials,

including, but not limited to, anevaluation of the feasibility ofprocurement preferences for thepurchase of recycled products. EachLGU may determine and grant a pricepreference to encourage the purchase ofrecycled products.


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The five-year strategy for collecting,processing, marketing and selling thedesignated recyclable materials shall takeinto account persons engaged in thebusiness of recycling or personsotherwise providing recycling services

before the effectivity of this Act. Suchstrategy may be base upon the results ofthe waste composition analysisperformed pursuant to this Section orinformation obtained in the course ofpast collection of solid waste by thelocal government unit, and may includerecommendations with respect toincreasing the number of materialsdesignated for recycling pursuant to thisAct.

The LGU recycling component shallevaluate industrial, commercial,residential, agricultural, governmentaland other curbside, mobile, drop-offand buy-back recycling programs,manual and automated materialsrecovery facilities, zoning, building codechanges and rate structures whichencourage recycling of materials. TheSolid Waste Management Plan shallindicate the specific measures to be

undertaken to meet the waste diversionspecified under Sec. 20 of this Act.

Recommended revisions to the buildingordinances, requiring newly-constructedbuildings and buildings undergoingspecified alterations to contain storagespace, devices or mechanisms thatfacilitate source separation and storageof designated recyclable materials toenable the local government unit toefficiently collect, process, market and

sell the designated materials. Suchrecommendations shall include, butshall not be limited to separate chutes tofacilitate source separation in multi-family dwellings, storage areas thatconform to fire and safety coderegulations, and specialized storagecontainers.

The Solid Waste Management Plan shallindicate the specific measures to beundertaken to meet the recycling goalspursuant to the objectives of this Act.

(g) Composting - The compostingcomponent shall include a program and

implementation schedule which showsthe methods by which the LGU shall, incombination with the source reductionand recycling components, reduce asufficient amount of solid wastedisposed of within its jurisdiction tocomply with the diversion requirementsof Sec. 20 hereof.The LGU composting component shalldescribe 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 bediverted from disposal at a disposalfacility through composting; and

(3) New facilities, and expansion ofexisting facilities needed toimplement the compostingcomponent.

The LGU composting component shalldescribe methods for developing the

markets for composted materials,including, but not limited to, anevaluation of the feasibility ofprocurement preferences for thepurchase of composted products. EachLGU may determine and grant a pricepreference to encourage the purchase ofcomposted products.

(h) Solid waste facility capacity and finaldisposal - The solid waste facilitycomponent shall include, but shall not

be limited to, a projection of theamount of disposal capacity needed toaccommodate the solid waste generated,reduced by the following:(1) Implementation of source reduction,

recycling and composting programsrequired in this Section or throughimplementation of other waste


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diversion activities pursuant to Sec.20 of this Act;

(2) Any permitted disposal facilitywhich will be available during the10-year planning period; and

(3) All disposal capacity which has been

secured through an agreement withanother LGU, or through anagreement with a solid wasteenterprise.

The plan shall identify existing andproposed disposal sites and wastemanagement facilities in the city ormunicipality or in other areas. The planshall specify the strategies for theefficient disposal of waste throughexisting disposal facilities and theidentification of prospective sites forfuture use. The selection anddevelopment of disposal sites shall bemade on the basis of internationallyaccepted standards and on theguidelines set in Sec. 41 and 42 of thisAct.Strategies shall be included to improvesaid existing sites to reduce adverseimpact on health and the environment,and to extent life span and capacity. The

plan shall clearly define projections forfuture disposal site requirements andthe estimated cost for these efforts.Open dump sites shall not be allowed asfinal disposal sites. If an open dump siteis existing within the city ormunicipality, the plan shall makeprovisions for its closure or eventualphase out within the period specifiedunder the framework and pursuant tothe provisions under Sec. 37 of this Act.As an alternative, sanitary landfill sites

shall be developed and operated as afinal disposal site for solid and,eventually, residual wastes of amunicipality or city or a cluster ofmunicipality and/or cities. Sanitarylandfills shall be designed and operatedin accordance with the guidelines setunder Secs. 40 and 41 of this Act.

(i) Education and public information - Theeducation and public informationcomponent shall describe how the LGUwill educate and inform its citizensabout the source reduction, recyclingand composting programs.

The plan shall make provisions toensure that information on wastecollection services, solid wastemanagement and related health andenvironmental concerns are widelydisseminated among the public. Thisshall be undertaken through the printand broadcast media and othergovernment agencies in themunicipality. The DECS and theCommission on Higher Education shallensure that waste management shall beincorporated in the curriculum ofprimary, secondary and college students.

(j) Special Waste - The special wastecomponent shall include existing wastehandling and disposal practices forspecial wastes or household hazardouswastes, and the identification of currentand proposed programs to ensure theproper handling, re-use, and long-term

disposal of special wastes;(k) Resource requirement and funding - Thefunding component includesidentification and description of projectcosts, revenues, and revenue sources theLGU will use to implement allcomponents of the LGU solid wastemanagement plan;

The plan shall likewise indicate specificprojects, activities, equipment andtechnological requirements for which

outside sourcing of funds or materialsmay be necessary to carry out thespecific components of the plan. It shalldefine the specific uses for its resourcerequirement s and indicate its costs. Theplan shall likewise indicate how theprovince, city or municipality intends togenerate the funds for the acquisition of


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its resource requirements. It shall alsoindicate if certain resource requirementsare being or will be sourced from fees,grants, donations, local funding andother means. This will serve as basis forthe determination and assessment of

incentives which may be extended tothe province, city or municipality asprovided for in Sec. 45 of this Act.

(l) Privatization of solid waste managementprojects - The plan shall likewiseindicate specific measures to promotethe participation of the private sector inthe management of solid wastes,particularly in the generation anddevelopment of the essentialtechnologies for solid wastemanagement. Specific projects orcomponent activities of the plan whichmay be offered as private sectorinvestment activity shall be identifiedand promoted as such. Appropriateincentives for private sectorinvolvement in solid waste managementshall likewise be established andprovided for in the plan, in consonancewith Sec. 45 hereof and other existinglaws, policies and regulations; and

(m) Incentive programs - A programproviding for incentives, cash orotherwise, which shall encourage theparticipation of concerned sectors shalllikewise be included in the plan.

Section 18. Owner and Operator. -Responsibility for compliance with thestandards in this Act shall rest with theowner and/or operator. If specificallydesignated, the operator is considered tohave primary responsibility for compliance;

however, this does not relieve the owner ofthe duty to take all reasonable steps toassure compliance with these standards andany assigned conditions. When the title to adisposal is transferred to another person,the new owner shall be notified by theprevious owner of the existence of thesestandards and of the conditions assigned toassure compliance.

Section 19. Waste characterization. - TheDepartment in coordination with the LGUs,shall be responsible for the establishment ofthe guidelines for the accuratecharacterization of wastes includingdetermination of whether or not wastes will

be compatible with containment featuresand other wastes, and whether or not wastesare required to be managed as hazardouswastes under R.A. 6969, otherwise knownas the Toxic Substance and Hazardous andNuclear Wastes Control Act.

Section 20. Establishing Mandatory SolidWaste Diversion. - Each LGU plan shallinclude an implementation schedule whichshows that within five (5) years after theeffectivity of this Act, the LGU shall divertat least 25% of all solid waste from wastedisposal facilities through re-use, recyclingand composting activities and otherresource recovery activities; Provided, Thatthe waste diversion goals shall be increasedevery three (3) years thereafter; Provided,further, That nothing in this Sectionprohibits a local government unit fromimplementing re-use, recycling, andcomposting activities designed to exceed thegoal.

Article 2Segregation of Wastes

Section 21. Mandatory Segregation of SolidWastes. - The LGUs shall evaluatealternative roles for the public and privatesectors in providing collection services, typeof collection system, or combination ofsystems, that best meet their needs: Provided,That segregation of wastes shall primarily beconducted at the source, to include

household, institutional, industrial,commercial and agricultural sources:Provided, further; That wastes shall besegregated into the categories provided inSec. 22 of this Act.

For premises containing six (6) or moreresidential units, the local government unitshall promulgate regulations requiring the


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owner or person in charge of such premisesto:(a) provide for the residents a designated

area and containers in which toaccumulate source separated recyclablematerials to be collected by the

municipality or private center; and(b) notify the occupants of each buildings of

the requirements of this Act and theregulations promulgated pursuantthereto.

Section 22.Requirements for the Segregation andStorage of Solid Waste. - The following shallbe the minimum standards andrequirements for segregation and storage ofsolid 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 collectedand placed in a separate designated area;and

(b) The solid waste container depending onits use shall be properly marked oridentified for on-site collection ascompostable, non-recyclable,recyclable or special waste, or anyother classification as may be

determined by the Commission.

Article 3Collection and Transport

of Solid Wastes

Section 23.Requirements for Collection of SolidWastes. - The following shall be theminimum standards and requirements forthe collection of solid waste:(a) All collectors and other personnel

directly dealing with collection of solid

waste shall be equipped with personalprotective equipment to protect themfrom the hazards of handling wastes;

(b) Necessary training shall be given to thecollectors and personnel to ensure thatthe solid wastes are handled properlyand in accordance with the guidelinespursuant to this Act; and

(c) Collection of solid waste shall be done ina manner which prevents damage to thecontainer and spillage or scattering ofsolid waste within the collection vicinity.

Section 24. Requirements for the Transport of

Solid Waste. - The use of separate collectionschedules and/or separate trucks or haulersshall be required for specific types ofwastes. Otherwise, vehicles used for thecollection and transport of solid wastes shallhave the appropriate compartments tofacilitate efficient storing of sorted wasteswhile in transit.

Vehicles shall be designed to consider roadsize, condition and capacity to ensure thesage and efficient collection and transportof solid wastes.

The waste compartment shall have a coverto ensure the containment of solid wasteswhile in transit.

For the purpose of identification, vehiclesshall bear the body number, the name, andthe telephone number of thecontractor/agency collecting solid waste.

Section 25. Guidelines for Transfer Stations. -Transfer stations shall be designed andoperated for efficient waste handlingcapacity and in compliance withenvironmental standards and guidelines setpursuant to this Act and other regulations:Provided, That no waste shall be stored insuch station beyond twenty-four (24) hours.The siting of the transfer station shallconsider the land use plan, proximity tocollection area, and accessibility of haulroutes to disposal facility. The design shall

give primary consideration to size and spacesufficiency in order to accommodate thewaste for storage and vehicles for loadingand unloading of wastes.


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Article 4Recycling Program

Section 26. Inventory of Existing Markets forRecyclable Materials. - The DTI shall withinsix (6) months from the effectivity of this

Act and in cooperation with theDepartment, the DILG and otherconcerned agencies and sectors, publish astudy of existing markets for processing andpurchasing recyclable materials and thepotential steps necessary to expand thesemarkets. Such study shall include, but notbe limited to, an inventory of existingmarkets for recyclable materials, productstandards for recyclable and recycledmaterials, and a proposal, developed inconjunction with the appropriate agencies,to stimulate the demand for the productionof products containing post consumer andrecovered materials.

Section 27. Requirement for Eco-Labeling. -The DTI shall formulate and implement acoding system for packaging materials andproducts to facilitate waste and recyclingand re-use.

Section 28. Reclamation Programs and Buy-

back Centers for Recyclables and Toxics. - TheNational Ecology Center shall assist LGUsin establishing and implementing deposit orreclamation programs in coordination withmanufacturers, recyclers and generators toprovide separate collection systems orconvenient drop-off locations for recyclablematerials and particularly for separated toxiccomponents of the waste stream like drycell batteries and tires to ensure that theyare not incinerated or disposed of in alandfill. Upon effectivity of this Act, toxic

materials present in the waste stream shouldbe separated at source, collected separatelyand further screened and sent toappropriate hazardous waste treatment anddisposal plants, consistent with theprovisions of R.A. No. 6969.

Section 29. Non-Environmentally AcceptableProducts. - Within one (1) year from the

effectivity of this Act, the Commissionshall, after public notice and hearing,prepare a list of nonenvironmentallyacceptable products as defined in this Actthat shall be prohibited according to aschedule that shall be prepared by the

Commission: Provided, however, That non-environmentally acceptable products shallnot be prohibited unless the Commissionfirst finds that there are alternativesavailable which are available to consumersat no more than ten percent (10%) greatercost than the disposable product.

Notwithstanding any other provisions tothe 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 forwhich there is no commercially availablealternatives as determined by theCommission.

The Commission shall annually review andupdate the list of prohibited non-environmentally acceptable products.

Section 30. Prohibition on the Use of Non-

Environmentally Acceptable Packaging. - Noperson owning, operating or conducting acommercial establishment in the countryshall sell or convey at retail or possess withthe intent to sell or convey at retail anyproducts that are placed, wrapped orpackaged in or on packaging which is notenvironmentally acceptable packaging:

Provided, That the Commission shalldetermine a phaseout period after properconsultation and hearing with the

stakeholders or with the sectors concerned.

The presence in the commercialestablishment of non-environmentallyacceptable packaging shall constitute arebuttable presumption of intent to sell orconvey the same at retail to customers.


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Any person who is a manufacturer, brokeror warehouse operator engaging in thedistribution or transportation of commercialproducts within the country shall file areport with the concerned local governmentwithin one (1) year from the effectivity of

this Act, and annually thereafter, a listing ofany products in packaging which is notenvironmentally acceptable. TheCommission shall prescribe the form ofsuch report in its regulations.

A violation of this Section shall be sufficientgrounds for the revocation, suspension,denial or non-renewal of any license for theestablishment in which the violation occurs.

Section 31. Recycling Market Development. -The Commission together with the NationalEcology Center, the DTI and theDepartment of Finance shall establishprocedures, standards and strategies tomarket recyclable materials and develop thelocal market for recycle goods, including butnot limited to:(a) measures providing economic incentives

and assistance including loans andgrants for the establishment ofprivately-owned facilities to

manufacture finished products frompost-consumer materials;(b) guarantees by the national and local

governments to purchase a percentageof the output of the facility; and

(c) maintaining a list of prospective buyers,establishing contact with prospectivebuyers and reviewing and making anynecessary changes in collecting orprocessing the materials to improvetheir marketability.

In order to encourage establishments ofnew facilities to produce goods from post-consumer and recovered materialsgenerated within local government units,and to conserve energy by reducingmaterials transportation, wheneverappropriate, each local government unitmay arranged for long-term contracts to

purchase a substantial share of the productoutput of a proposed facility which will bebased in the jurisdiction of the localgovernment unit if such facility willmanufacture such finished products formpost-consumer and recovered materials.

Section 32.Establishment of LGU MaterialsRecovery Facility. - There shall be established aMaterials Recovery Facility (MRF) in everybarangay or cluster of barangays. Thefacility shall be established in a barangay-owned or -leased land or any suitable openspace to be determined by the barangaythrough its Sanggunian. For this purpose,the barangay or cluster of barangays shallallocate a certain parcel of land for theMRF. The MRF shall receive mixed wastefor final sorting, segregation, composting,and recycling. The resulting residual wastesshall be transferred to a long term storageor disposal facility or sanitary landfill.

Section 33. Guidelines for Establishment ofMaterials Recovery Facility. - Materials recoveryfacilities shall be designed to receive, sort,process and store compostable andrecyclable material efficiently and in anenvironmentally sound manner. The facility

shall address the following considerations:(a) The building and/or land layout andequipment must be designed toaccommodate efficient and safematerials processing, movement, andstorage; and

(b) The building must be designed to allowefficient and safe external access and toaccommodate internal flow.

Article 5Composting

Section 34.Inventory of Markets of Composts. -Within six (6) months after the effectivity ofthis Act, the DA shall publish an inventoryof existing markets and demands forcomposts. Said inventory shall thereafter beupdated and published annually: Provided,That the composting of agricultural wastes


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and other compostable materials, includingbut not limited to garden wastes, shall beencouraged.

Section 35. Guidelines for Compost Quality. -Compost products intended to be

distributed commercially shall conform withthe standards for organic fertilizers set bythe DA. The DA shall assist the compostproducers to ensure that the compostproducts conform to such standards.

Article 6Waste Management Facilities

Section 36. Inventory of Waste DisposalFacilities. - Within six (6) months from theeffectivity of this Act, the Department, incooperation with the DOH, DILG andother concerned agencies, shall publish aninventory of all solid waste disposal facilitiesor sites in the country.

Section 37.Prohibition Against the Use of OpenDumps for Solid Waste. - No open dumpsshall be established and operated, nor anypractice or disposal of solid waste by anyperson, including LGUs, which constitutesthe use of open dumps for solid wastes, be

allowed after the effectivity of this Acts:Provided, That within three (3) years after theeffectivity of this Act, every LGU shallconvert its open dumps into controlleddumps, in accordance with the guidelinesset in Sec. 41 of this Act: Provided, further,That no controlled dumps shall be allowedfive (5) years following the effectivity of thisAct.

Section 38.Permit for Solid Waste ManagementFacility Construction and Expansion. - No

person shall commence operation, includingsite preparation and construction of a newsolid waste management facility or theexpansion of an existing facility until saidperson obtains an EnvironmentCompliance Certificate (ECC) from theDepartment pursuant to P.D. 1586 andother permits and clearances formconcerned agencies.

Section 39.Guidelines for Controlled Dumps. -The following shall be the minimumconsiderations for the establishments ofcontrolled dumps:(a) Regular inert cover;(b) Surface water and peripheral site

drainage control;(c) Provision for aerobic and anaerobic

decomposition;(d) Restriction of waste deposition to small

working areas;(e) Fence, including provisions for litter

control;(f) Basic record-keeping;(g) Provision of maintained access road;(h) Controlled waste picking and trading;(i) Post-closure site cover and vegetation;

and(j) Hydro geological siting.

Section 40. Criteria for Siting a SanitaryLandfill. - The following shall be theminimum criteria for the siting of sanitarylandfills:(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 iseasily handled and compacted;(d) The site must be chosen with regard for

the sensitivities of the communitysresidents;

(e) The site must be located in an areawhere the landfills operation will notdetrimentally affect environmentallysensitive resources such as aquifer,groundwater reservoir or watershedarea;

(f) The site should be large enough to

accommodate the communitys wastesfor a period of five (5) years duringwhich people must internalize the valueof environmentally sound andsustainable solid waste disposal;

(g) The site chosen should facilitatedeveloping a landfill that will satisfybudgetary constraints, including sitedevelopment, operation for many years,


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closure, post-closure care and possibleremediation costs;

(h) Operating plans must include provisionsfor coordinating with recycling andresource recovery projects; and

(i) Designation of a separate containment

area for household hazardous wastes.

Section 41. Criteria for Establishment ofSanitary Landfill. - The following shall be theminimum criteria for the establishment ofsanitary landfills:(a) Liners - a system of clay layers and/or

geosynthethic membranes used tocontain leachate and reduce or preventcontaminant flow to groundwater;

(b) Leachate collection and treatmentsystem - installation of pipes at the lowareas of the liner to collect leachate forstorage and eventual treatment anddischarge;

(c) Gas control and recovery system - aseries of vertical wells or horizontaltrenches containing permeable materialsand perforated piping placed in thelandfill to collect gas for treatment orproductive use as an energy source;

(d) Groundwater monitoring well system -wells placed at an appropriate location

and depth for taking water that arerepresentative of ground water quality;(e) Cover - two (2) forms of cover

consisting of soil and geosyntheticmaterials to protect the waste fromlong-term contact with theenvironment:(i) a daily cover placed over the waste at

the close of each days operations,and;

(ii) a final cover, or cap, which is thematerial placed over the completed

landfill to control infiltration ofwater, gas emission to theatmosphere, and erosion.

(f) Closure procedure with the objectives ofestablishing low maintenance coversystems and final cover that minimizesthe infiltration of precipitation into thewaste. Installation of the final cover

must be completed within six (6)months of the last receipt of waste;

(g) Post-closure care procedure - Duringthis period, the landfill owner shall beresponsible for providing for thegeneral upkeep of the landfill,

maintaining all of the landfillsenvironmental protection features,operating monitoring equipment,remediating groundwater should itbecome contaminated and controllinglandfill gas migration or emission.

Section 42. Operating Criteria for SanitaryLandfills. - In the operation of a sanitaryland fill, each site operator shall maintainthe following minimum operatingequipments:(a) Disposal site records of, but not limited

to:(1) Records of weights or volumes

accepted in a form and mannerapproved by the Department. Suchrecords shall be submitted to theDepartment upon request, accurateto within ten percent (10%) andadequate for overall planningpurposes and forecasting the rate ofsite filling;

(2) Records of excavations which mayaffect the safe and proper operationof the site or cause damage toadjoining properties;

(3) Daily log book or file of thefollowing information: fires,landslides, earthquake damage,unusual and sudden settlement,injury and property damage,accidents, explosions, receipts orrejection 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 numbersof the operator or responsible partyof the site;


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(b) Water quality monitoring of surface andground waters and effluent, and gasemissions;

(c) Documentation of approvals,determinations and other requirementsby the Department;

(d) Signs:(1) Each point of access from a public

road shall be posted with an easilyvisible sigh indicating the facilityname and other pertinentinformation as required by theDepartment;

(2) If the site is open to the public, thereshall be an easily visible sign at theprimary entrance of the siteindicating the name of the siteoperator, the operators telephonenumber, and hours of operation; aneasily visible sign at an appropriatepoint shall indicate the schedule ofchanges and the general types ofmaterials which will either beaccepted or not;

(3) If the site is open to the public, thereshall be an easily visible road signand/or traffic control measureswhich direct traffic to the activeface and other areas where wastes

or recyclable materials will bedeposited; and(4) Additional signs and/or measures

may be required at a disposal site bythe Department to protectpersonnel and public health andsafety;

(e) Monitoring of quality of surface, groundand effluent waters, and gas emissions;

(f) The site shall be designed to discourageunauthorized access by persons andvehicles by using a perimeter barrier or

topographic constraints. Areas withinthe site where open storage, orpounding of hazardous materials occursshall be separately fenced or otherwisesecured as determined by theDepartment. The Department may alsorequire that other areas of the site befenced to create an appropriate level ofsecurity;

(g) Roads within the permitted facilityboundary shall be designed to minimizethe generation of dust and the trackingof material onto adjacent public roads.Such roads shall be kept in safecondition and maintained such that

vehicle access and unloading can beconducted during inclement weather;

(h) Sanitary facilities consisting of adequatenumber of toilets and handwashingfacilities, shall be available to personnelat or in the immediate vicinity of thesite;

(i) Safe and adequate drinking water supplyfor the site personnel shall be available;

(j) The site shall have communicationfacilities available to site personnel toallow quick response to emergencies;

(k) Where operations are conducted duringhours of darkness, the site and/orequipment shall be equipped withadequate lighting as approved by theDepartment to ensure safety and tomonitor the effectiveness of operations;

(l) Operating and maintenance personnelshall wear and use appropriate safetyequipment as required by theDepartment;

(m) Personnel assigned to operate the site

shall be adequately trained in subjectpertinent to the site operation andmaintenance, hazardous materialsrecognition and screening, and heavyequipment operations, with emphasison safety, health, environmentalcontrols and emergency procedures. Arecord of such training shall be placedin the operating record;

(n) The site operator shall provide adequatesupervision of a sufficient number ofqualified personnel to ensure proper

operation of the site in compliance withall applicable laws, regulations, permitconditions and other requirements. Theoperator shall notify the Departmentand local health agency in writing of thenames, addresses, and telephonenumber of the operator or responsibleparty. A copy of the written notificationshall be placed in the operation record;


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(o) Any disposal site open to the public shallhave an attendant present during publicoperating hours or the site shall beinspected by the operator on a regularlyscheduled basis, as determined by theDepartment;

(p) Unloading of solid wastes shall beconfined to a small area as possible toaccommodate the number of vehiclesusing the area without resulting intraffic, personnel, or public safetyhazards. Waste materials shall normallybe deposited at the toe of the fill, or asotherwise approved by the Department;

(q) Solid waste shall be spread andcompacted in layers with repeatedpassages of the landfill equipment tominimize voids within the cell andmaximize compaction. The loose layershall not exceed a depth approximatelytwo feet before compaction. Spreadingand compacting shall be accomplishedas rapidly as practicable, unlessotherwise approved by the Department;

(r) Covered surfaces of the disposal areashall be graded to promote lateralrunoff of precipitation and to preventpounding. Grades shall be establishedof sufficient slopes to account for

future settlement of the fill surface.Other effective maintenance methodsmay be allowed by the Department; and

(s) Cover material or native materialunsuitable for cover, stockpiled on thesite for use or removal, shall be placedso as not to cause problems or interferewith unloading, spreading, compacting,access, safety drainage, or otheroperations.

Article 7

Local GovernmentSolid Waste Management

Section 43. Guidelines for Identification ofCommon Solid Waste Management Problems. -For purposes of encouraging and facilitatingthe development of local government plansfor solid waste management, the

Commission shall, as soon as practicablebut not later than six (6) months from theeffectivity of this Act, publish guidelines forthe identification of those areas which havecommon solid waste management problemsand are appropriate units for clustered solid

waste management services. The guidelinesshall 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 andamong the LGUs and for theintegration of such with the nationalplan; and

(d) possible lifespan of the disposalfacilities.

Section 44.Establishment of Common WasteTreatment and Disposal Facilities. - Pursuant toSec. 33 of R.A.7160, otherwise known asthe Local Government Code, all provinces,cities, municipalities and barangays, throughappropriate ordinances, are herebymandated to consolidate, or coordinate theirefforts, services, and resources for purposesof jointly addressing common solid waste

management problems and/or establishingcommon waste disposal facilities.

The Department, the Commission and localsolid waste management boards shallprovide technical and marketing assistanceto the LGUs.

CHAPTER IVINCENTIVES

Section 45.Incentives.

(a) Rewards, monetary or otherwise, shall beprovided to individuals, privateorganizations and entitles, includingnon-government organizations, thathave undertaken outstanding andinnovative projects, technologies,processes and techniques or activities inre-use, recycling and reduction. Said


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rewards shall be sourced from the Fundherein created.

(b) An incentive scheme is hereby providedfor the purpose of encouraging LGUs,enterprises, or private entities, includingNGOs, to develop or undertake an

effective solid waste management, oractively participate in any programgeared towards the promotion thereofas provided for in this Act.

(1) Fiscal Incentives. - Consistent with theprovisions of E.O. 226, otherwiseknown as the Omnibus InvestmentsCode, the following tax incentives shallbe granted:(a) Tax and Duty Exemption on

Imported Capital Equipment andVehicles - Within ten (10) yearsupon effectively of this Act, LGUs,enterprises or private entities shallenjoy tax and duty free importationof machinery, equipment, vehiclesand spare parts used for collection,transportation, segregation,recycling, re-use and composing ofsolid wastes: Provided, That theimportation of such machinery,equipment, vehicle and spare parts

shall comply with the followingconditions:(i) They are not manufactured

domestically in sufficientquantity, of comparable qualityand at reasonable prices;

(ii) They are reasonably needed andwill be used actually, directlyand exclusively for the abovementioned activities;

(iii) The approval of the Board ofInvestment (BOI) of the DTI

republic act (ra) 9003

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