Solid Waste Management Law

REPUBLIC ACT 9003 January 26, 2001AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE MANAGEMENT PROGRAM, CREATING THENECESSARY INSTITUTIONAL MECHANISMS AND INCENTIVES, DECLARING CERTAIN ACTS PROHIBITEDAND PROVIDING PENALTIES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:CHAPTER I BASIC POLICIESArticle 1 General ProvisionsSection 1.Short Title- This Act shall be known as the "Ecological Solid Waste Management Act of 2000."Section 2.Declaration of Policies- It is hereby declared the policy of the State to adopt a systematic, comprehensive and ecological solidwaste management program which shall: (a) Ensure the protection of the public health andenvironment; (b) Utilize environmentally-sound methods that maximize the utilization of valuableresources and encourage resource conservation and recovery; (c) Set guidelines and targets for solidwaste avoidance and volume reduction through source reduction and waste minimization measures,including composting, recycling, re-use, recovery, green charcoal process, and others, before collection,treatment and disposal in appropriate and environmentally sound solid waste management facilities inaccordance with ecologically sustainable development principles; (d) Ensure the proper segregation,collection, transport, storage, treatment and disposal of solid waste through the formulation andadoption of the best environmental practice in ecological waste management excluding incineration; (e)Promote national research and development programs for improved solid waste management andresource conservation techniques, more effective institutional arrangement and indigenous and improved methods of waste reduction, collection, separation and recovery;
(f) Encourage greaterprivate sector participation in solid waste management;
(g) Retain primary enforcement andresponsibility of solid waste management with local government units 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 generators throughthe application of market-based instruments;
(i) Institutionalize public participation in the development and implementation of national and local integrated, comprehensive, and ecological waste management programs; and
(j) Strength the integration of ecological solid waste management and resource conservation and recovery topics into the academic curricula of formal and non-formal education inorder to promote environmental awareness and action among the citizenry. Article 2 Definition of Terms Section 3.Definition of Terms- For the purposes of this Act: (a) Agricultural waste shall refer to waste generated from planting orharvesting of crops, trimming or pruning of plants and wastes or run-off materials from farms or fields;(b) Bulky wastes shall refer to waste materials which cannot be appropriately placed in separatecontainers because of either its bulky size, shape or other physical attributes. These include large worn-out or broken household, commercial, and industrial items such as furniture, lamps, bookcases, filingcabinets, and other similar items; (c) Bureau shall refer to the Environmental Management Bureau; (d)Buy-back center shall refer to a recycling center that purchases of otherwise accepts recyclablematerials from the public for the purpose of recycling such materials; (e) Collection shall refer to the actof removing solid waste from the source or from a communal storage point; (f) Composting shall refer tothe controlled decomposition of organic matter by micro-organisms, mainly bacteria and fungi, into ahumus-like product; (g) Consumer electronics shall refer to special waste that includes worn-out,broken, and other discarded items such as radios, stereos, and TV sets; (h) Controlled dump shall referto a disposal site at which solid waste is deposited in accordance with the minimum prescribedstandards of site operation; (i) Department shall refer to the Department of Environment and NaturalResources; (j) Disposal shall refer to the discharge, deposit, dumping, spilling, leaking or placing of anysolid waste into or in an land; (k) Disposal site shall refer to a site where solid waste is finally dischargedand deposited; (l) Ecological solid waste management shall refer to the systematic administration of activities which provide for segregation at source, segregated transportation, storage, transfer,processing, treatment, and disposal of solid waste and all other waste management activities which donot harm the environment; (m) Environmentally acceptable shall refer to the quality of being re-usable,biodegradable or compostable, recyclable and not toxic or hazardous to the environment; (n)Generation shall refer to the act or process of producing solid waste; (o) Generator shall refer to aperson, natural or juridical, who last uses a material and makes it available for disposal or recycling; (p) Hazardous waste shall refer to solid waste management or combination of solid waste which because of its quantity, concentration or physical, chemical or infectious characteristics may: (1) cause, orsignificantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitatingreversible, illness; or (2) pose a substantial present or potential hazard to human health or theenvironment when improperly treated, stored, transported, or disposed of, or otherwise managed; (q)Leachate shall refer to the liquid produced when waste undergo decomposition, and when waterpercolate through solid waste undergoing decomposition. It is contaminated liquid that containsdissolved and suspended materials; (r) Materials recovery facility - includes a solid waste transfer stationor sorting station, drop-off center, a composting facility, and a recycling facility; (s) Municipal waste shallrefer to wastes produced from activities within local government units which include a combination of domestic, commercial, institutional and industrial wastes and street litters; (t) Open dump shall refer toa disposal area wherein the solid wastes are indiscriminately thrown or disposed of without dueplanning and consideration for environmental and Health standards; (u) Opportunity to recycle shallrefer to the act of providing a place for collecting source-separated recyclable material, located either ata disposal site or at another location more convenient to the population being served, and collection atleast once a month of source-separated recyclable material from collection service customers and toproviding a public education and promotion program that gives notice to each person of the opportunityto recycle and encourage source separation of recyclable material; (v) Person(s) shall refer to any being,natural or judicial, susceptible of rights and obligations, or of being the subject of legal relations; (w)Post-consumer material shall refer only to those materials or products generated by a business orconsumer which have served their intended end use, and which have been separated or diverted fromsolid waste for the purpose of being collected, processed and used as a raw material in themanufacturing of recycled product, excluding materials and by-products generated from, and by-products generated from, and commonly used within an original manufacturing process, such as millscrap; (x) Receptacles shall refer to individual containers used for the source separation and thecollection of recyclable materials; (y) Recovered material shall refer to material and by products thathave been recovered or diverted from solid waste for the purpose of being collected, processed andused as a raw material in the manufacture of a recycled product; (z) Recyclable material shall refer toany waste material retrieved from the waste stream and free from contamination that can still beconverted into suitable beneficial use or for other purposes, including, but not limited to, newspaper,ferrous scrap metal, non-ferrous scrap metal, used oil, corrugated cardboard, aluminum, glass, officepaper, tin cans and other materials as may be determined by the Commission; (aa) Recycled materialshall refer to post-consumer material that has been recycled and returned to the economy; (bb)Recycling shall refer to the treating of used or waste materials through a process of making themsuitable for beneficial use and for other purposes, and includes any process by which solid wastematerials are transformed into new products in such a manner that the original product may lose theiridentity, and which maybe used as raw materials for the production of other goods or services:Provided, That the collection, segregation and re-use of previously used packaging material shall be deemedrecycling under this Act; (cc) Resource conversation shall refer to the reduction of the amount of solid waste that are generated or the reduction of overall resource consumption, and utilization of recoveredresources; (dd) Resources recovery shall refer to the collection, extraction or recovery of recyclablematerials from the waste stream for the purpose of recycling, generating energy or producing a productsuitable for beneficial use:Provided, That such resource recovery facilities exclude incineration; (ee) Re-use shall refer to the process of recovering materials intended for the same or different purpose without the alteration of physical andchemical characteristics; (ff) Sanitary landfill shall refer to a waste disposal site designed, constructed,operated and maintained in a manner that exerts engineering control over significant potentialenvironment impacts arising from the development and operation of the facility; (gg) Schedule of Compliance shall refer to an enforceable sequence of actions or operations to be accomplished within astipulated time frame leading to compliance with a limitation, prohibition or standard set forth in thisAct or any rule of regulation issued pursuant thereto; (hh) Secretary landfill shall refer to the Secretaryof the Department of Environment and Natural Resources; (ii) Segregation shall refer to a solid wastemanagement practice of separating different materials found in solid waste in order to promoterecycling and re-use of resources and to reduce the volume of waste for collection and disposal; (jj)Segregation at source shall refer to a solid waste management practice of separating, at the point of origin, different materials found in solid waste in order to promote recycling and re-use of resources andto reduce the volume of waste for collection and disposal; (kk) Solid waste shall refer to all discardedhousehold, commercial waste, non-hazardous institutional and industrial waste, street sweepings,construction debris, agricultural waste, and other non-hazardous/non-toxic solid waste. Unlessspecifically noted otherwise, the term "solid waste" as used in this Act shall not include: (1) Wasteidentified or listed as hazardous waste of a solid, liquid, contained gaseous or semisolid form which maycause or contribute to an increase in mortality or in serious or incapacitating reversible illness, oracute/chronic effect on the health of persons and other organisms; (2) Infectious waste from hospitalssuch as equipment, instruments, utensils, and fomites of a disposable nature from patients who aresuspected to have or have been diagnosed as having communicable diseases and must therefore beisolated as required by public health agencies, laboratory wastes such as pathological specimens (i.e. alltissues, specimens of blood elements, excreta, and secretions obtained from patients or laboratoryanimals) and disposable fomites that may harbor or transmit pathogenic organisms, and surgicaloperating room pathologic materials from outpatient areas and emergency rooms; and (3) Wasteresulting from mining activities, including contaminated soil and debris. (ll) Solid waste managementshall refer to the discipline associated with the control of generation, storage, collection, transfer andtransport, processing, and disposal of solid wastes in a manner that is in accord with the best principlesof public health, economics, engineering, conservation, aesthetics, and other environmentalconsiderations, and that is also responsive to public attitudes; (mm) Solid waste management facilityshall refer to any resource recovery system or component thereof; any system, program, or facility forresource conservation; any facility for the collection, source separation, storage, transportation,transfer, processing, treatment, or disposal of solid waste; (nn) Source reduction shall refer to thereduction of solid waste before it enters the solid waste stream by methods such as product design, materials substitution, materials re-use and packaging restrictions; (oo) Source separation shall refer tothe sorting of solid waste into some or all of its component parts at the point of generation; (pp) Specialwastes shall refer to household hazardous wastes such as paints, thinners, household batteries, lead-acid batteries, spray canisters and the like. These include wastes from residential and commercialsources that comprise of bulky wastes, consumer electronics, white goods, yard wastes that arecollected separately, batteries, oil, and tires. These wastes are usually handled separately from otherresidential and commercial wastes; (qq) Storage shall refer to the interim containment of solid wastesafter generation and prior to collection for ultimate recovery or disposal; (rr) Transfer stations shall referto those facilities utilized to receive solid wastes, temporarily store, separate, convert, or otherwiseprocess the materials in the solid wastes, or to transfer the solid wastes directly from smaller to largervehicles for transport. This term does not include any of the following: (1) a facility whose principalfunction is to receive, store, separate, convert or otherwise process in accordance with nationalminimum standards, manure; (2) a facility, whose principal function is to receive, store, convert, orotherwise process wastes which have already been separated for re-use and are intended for disposals,and (3) the operations premises of a duly licensed solid waste handling operator who is receives, stores,transfers, or otherwise processes wastes as an activity incidental to the conduct of a refuse collectionand disposal business. (ss) Waste diversion shall refer to activities which reduce or eliminate the amountof solid waste from waste disposal facilities; (tt) White goods shall refer to large worn-out or brokenhousehold, commercial, and industrial appliances such as stoves, refrigerators, dishwashers, and clotheswashers and dryers collected separately. White goods ate usually dismantled for the recovery of specificmaterials (e.g., copper, aluminum, etc.); (uu) Yard waste shall refer to wood, small or chipped branches,leaves, grass clippings, garden debris, vegetable residue that is recognized as part of a plant or vegetableand other materials identified by the Commission.CHAPTER II INSTITUTIONAL MECHANISMSection 4.National Solid Waste Management Commission- There is hereby established a National Solid Waste Management Commission, hereinafter referred toas the Commission, under the Office of the President. The Commissioner shall be composed of fourteen(14) members from the government sector and three members from the private sector. The governmentsector shall be represented by the heads of the following agencies in theirex officiocapacity: (1) Department of Environment and Natural Resources (DENR); (2) Department of the Interiorand Local Government (DILG); (3) Department of Science and Technology (DOST); (4) Department of Public Works and Highways (DPWH); (5) Department of Health (DOH); (6) Department of Trade and
Industry (DTI); (7) Department of Agriculture (DA); (8) Metro Manila Development Authority (MMDA);(9) League of provincial governors; (10) League of city mayors; (11) League of municipal mayors; (12)Association of barangay councils; (13) Technical Education and Skills Development Authority (TESDA);and (14) Philippine Information Agency. The private sector shall be represented by the following: (a) Arepresentative from nongovernment organizations (NGOs) whose principal purpose is to promoterecycling and the protection of air and water quality; (b) A representative from the recycling industry;and (c) A representative from the manufacturing or packaging industry; The Commission may, from timeto time, call on any other concerned agencies or sectors as it may deem necessary.Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall benominated through a process designed by themselves and shall be appointed by the President for aterm of three (3) years.Provided,further,That the Secretaries of the member agencies of the Commission shall formulate action plans for theirrespective agencies to complement the National Solid Waste Management Framework. The DepartmentSecretary and a private sector representative of the Commission shall serve as chairman and vicechairman, respectively. The private sector representatives of the Commission shall be appointed on thebasis of their integrity, high decree of professionalism and having distinguished themselves inenvironmental and resource management. The members of the Commission shall serve and continue tohold office until their successors shall have been appointed and qualified. Should a member of theCommission fail to complete his/her term, the unexpired portion of the term. Finally, the members shallbe entitled to reasonable traveling expenses and honoraria. The Department, through theEnvironmental Management Bureau, shall provide secretariat support to the Commission. TheSecretariat shall be headed by an executive director who shall be nominated by the members of theCommission and appointed by the chairman.Section 5.Powers and Functions of the Commission- The Commission shall oversee the implementation of solid waste management plans and prescribepolicies to achieve the objectives of this Act. The Commission shall undertake the following activities. (a)Prepare the national solid waste management framework; (b) Approve local solid waste managementplans in accordance with its rules and regulations; (c) Review and monitor the implementation of localsolid waste management plans; (d) Coordinate the operation of local solid waste management boards in the provincial and city/municipal levels; (e) To the maximum extent feasible, utilizing existing resources,assist provincial, city and municipal solid waste management plans; (f) Develop a model provincial, cityand municipal solid waste management plan that will establish prototypes of the content and formatwhich provinces, cities and municipalities may use in meeting the requirements of the National SolidWaste Management Framework; (g) Adopt a program to provide technical and other capability buildingassistance and support to local government units in the development and implementation of sourcereduction programs; (h) Develop and implement a program to assist local government units in theidentification of markets for materials that are diverted from disposal facilities through re-use, recycling,and composting, and other environment-friendly methods; (i) Develop a mechanism for the impositionof sanctions for the violations environmental rules and regulations; (j) Manage the Solid WasteManagement Fund; (k) Develop and prescribe procedures for the issuance of appropriate permits andclearances. (l) Review the incentives scheme for effective solid waste management, for purpose of ensuring relevance and efficiency in achieving the objectives of this Act; (m) Formulate the necessaryeducation promotion and information campaign strategies; (n) Establish, after notice and hearing of theparties concerned, standards, criteria, guidelines, and formula that are fair, equitable and reasonable, inestablishing tipping charges and rates that the proponent will charge in the operation and managementof solid waste management facilities and technologies. (o) Develop safety nets and alternative livelihoodprograms for small recyclers and other sectors that will be affected as a result of the constructionand/or operation of solid waste management recycling plant or facility. (p) Formulate and update a listof non-environmentally acceptable materials in accordance with the provisions of this Act. For thispurpose, it shall be necessary that proper consultation be conducted by the Commission with allconcerned industries to ensure a list that is based on technological and economic viability. (q) Encourageprivate sector initiatives, community participation and investments resource recovery-based livelihoodprograms for local communities. (r) Encourage all local government agencies and all local governmentunits to patronize products manufactured using recycled and recyclable materials; (s) Propose and adoptregulations requiring the source separation and post separation collection, segregated collection,processing, marketing and sale of organic and designated recyclable material generated in each localgovernment unit; and (t) Study and review of the following: (i) Standards, criteria and guidelines forpromulgation and implementation of an integrated national solid waste management framework; and(ii) Criteria and guidelines for siting, design, operation and maintenance of solid waste managementfacilities.Section 6.Meetings- The Commission shall meet at least once a month. The presence of at least a majority of the membersshall constitute a quorum. The chairman, or in his absence the vice-chairman, shall be the presidingofficer. In the absence of the heads of the agencies mentioned in Sec. 4 of this Act, they may designatepermanent representatives to attend the meetings.
Section 7.The National Ecology Center- There shall be established a National Ecology Center under the Commission which shall provideconsulting, information, training, and networking services for the implementation of the provisions of this Act. In this regard, it shall perform the following functions: (a) Facilitate training and education inintegrated ecological solid waste management; (b) Establish and manage a solid waste managementinformation data base, in coordination with the DTI and other concerned agencies: (1) on solid wastegeneration and management techniques as well as the management, technical and operationalapproaches to resource recovery; and (2) of processors/recyclers, the list of materials being recycled orbought by them and their respective prices; (c) Promote the development of a recycling market throughthe establishment of a national recycling network that will enhance the opportunity to recycle; (d)Provide or facilitate expert assistance in pilot modeling of solid waste management facilities; and (e)Develop, test, and disseminate model waste minimization and reduction auditing procedures forevaluating options. The National Ecology Center shall be headed by the director of the Bureau in hisex officiocapacity. It shall maintain a multi-sectoral, multi-disciplinary pool of experts including those from theacademe, inventors, practicing professionals, business and industry, youth , women and otherconcerned sectors, who shall be screened according to qualifications set by the Commission.Section 8.Role of the Departmen.- For the furtherance of the objectives of this Act, the Department shall have the following functions: (a)Chair the Commission created pursuant to this Act; (b) Prepare an annual National Solid WasteManagement Status Report; (c) Prepare and distribute information, education and communicationmaterials on solid waste management; (d) Establish methods and other parameters for themeasurement of waste reduction, collection and disposal; (e) Provide technical and other capabilitybuilding assistance and support to the LGUs in the development and implementation of local solid wastemanagement plans and programs; (f) Recommend policies to eliminate barriers to waste reductionprograms; (g) Exercise visitorial and enforcement powers to ensure strict compliance with this Act; (h)Perform such other powers and functions necessary to achieve the objectives of this Act; and (i) Issuerules and regulations to effectively implement the provisions of this Act.Section 9.
Visitorial Powers of the Department.- The Department or its duly authorized representative shall have access to, and the right to copytherefrom, the records required to be maintained pursuant to the provisions of this Act. The Secretaryor the duly authorized representative shall likewise have the right to enter the premises of anygenerator, recycler or manufacturer, or other facilities any time to question any employee or investigateany fact,