Implementing Rules and Regulations

implementing rules and regulation
IMPLEMENTING RULES AND REGULATIONS
OF REPUBLIC ACT 9003
Pursuant to the provisions of Section 59 of Republic Act No. 9003 , otherwise known as the "Philippine Ecological Solid Waste Management Act of 2000," and by virtue of
Executive Order No. 192, Serie s of 1987, the Department of Environment and Natural
Resources hereby adopts and promulgates the following rules and regulations
PART I
.
GENERAL PROVISIONS
Rule I. Preliminary Provisions
Section 1. Title
These Rules shall be known and cited as the "Im plementing Rules and Regulations of the
Philippine Ecological Solid Waste Management Act of 2000."
Section 2. Purpose
These Rules are promulgated to prescribe the procedures and guidelines for the implementation of the Philippine Solid Waste Management A ct of 9003 in order to facilitate compliance therewith and achieve the objectives thereof.
Section 3. Scope
These Rules shall lay down the powers and functions of the Department of Environment and Natural Resources, the Department of Trade and Industry, all other concerned agencies and local government units, the rights and obligations of stakeholders and the rights and duties of the people with respect to the implementation of the Ecological Solid
Waste Management.
Section 4. Construction
These Impleme nting Rules and Regulations shall be liberally construed to carry out the national policy of adopting a systematic, comprehensive and ecological solid waste management program consistent with the pursuit of sustainable development. The Rules also cover su pport actions such as research and studies on solid wastes, providing technical standards and guidelines for effective waste management systems.
Section 5. Administrative and Enforcement
These Rules and Regulations shall be administered by the Secretary or his duly authorized representative or thorough any other department, bureau, office, agency, local government units, state university or college and other instrumentalities of the government for assistance in the form of personnel, facilities and other resources as the need arises in the discharge of its functions.
Rule II. Declaration of State Policy
Section 1. Declaration of Policies
It is the policy of the State to adopt a systematic, comprehensive and ecological solid waste management program whic h shall:
a) Ensure the protection of public health and environment;
b) Utilize environmentally
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sound methods that maximize the utilization of valuable resources and encourage resources conservation and recovery;
c) Set guidelines and targets for solid w aste avoidance and volume reduction through source reduction and waste minimization measures, including compos t ing, recycling, re
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use, recovery, green charcoal process, and others, before collection, treatment and disposal in appropriate and environmentall y - 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 t he best environmental practices 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 loc al government units while establishing a cooperative effort among the national government, other local government units, non
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government organizations, and the private sector;
h) Encourage cooperation and self
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regulation among waste generators through the application of market
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based instruments;
i) Institutionalize public participation in the development and implementation of national and local integrated, comprehensive and ecological waste management programs; and
j)
Strengthen the integration of ecologi cal solid waste management and resource conservation and recovery topics into the academic curricula of formal and non
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formal education in order to promote environmental awareness and action among the citizenry.
Rule III. Definition of Terms
Section 1.
Definitions
For the purpose of these Implementing Rules and Regulations, the following words and phrases shall have the following meanings:
"Agricultural waste" shall refer to waste generated from planting or harvesting of crops, trimming or pruning of p lants and wastes or run
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off materials from farms or fields.
"Bulky wastes" shall refer to waste materials which cannot be appropriately placed in separate containers because of either its bulky size, shape or other physical attributes.
These include larg e worn
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out or broken household, commercial, and industrial items such as furniture, lamps, bookcases, filing cabinets, and other similar items.
"Bureau" shall refer to the Environmental Management Bureau.
"Buy
- back center" shall refer to a recycling cent er that purchases or otherwise accepts recyclable materials from the public for the purpose of recycling such materials.
"Collection" shall refer to the act of removing solid waste from the source or from a communal storage point.
"Composting" shall refe r to the controlled decomposition of organic matter by micro
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organisms, mainly bacteria and fungi, into a humus
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like product.
"Consumer electronics" shall refer to special wastes that include worn
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out, broken, and other discarded items such as radios, ste reos, and TV sets.
"Controlled dump" shall refer to a disposal site at which solid waste is deposited in accordance with the minimum prescribed standards of site operation.
"Department" shall refer to the Department of Environment and Natural Resources.
"Disposal" shall refer to the discharge, deposit, dumping, spilling, leaking or placing of any solid waste into or in any land.
"Disposal site" shall refer to a site where solid waste is finally discharged and deposited.
"Ecological solid waste manageme nt" shall refer to the systematic administration of activities which provide for segregation at source, segregated transportation, storage, transfer, processing, treatment, and disposal of solid waste and all other waste management activities which do not harm the environment.
"Environmentally acceptable" shall refer to the quality of being re
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usable, biodegradable or compostable, recyclable and not toxic or hazardous to the environment.
"Environmentally preferable" shall refer to products or services tha t have a lesser or reduced effect on human health and the environment when compared with competing