Republic of the Philippines

EULOGIO “AMANG” RODRIGUEZ

INSTITUTE OF SCIENCE AND TECHNOLOGY
Nagtahan, Sampaloc Manila

CODE NSTP – CWTS 1 3 Units

SUBJECT TITLE CIVIC WELFARE TRAINING SERVICE 3 hrs / week
LEARNING ELEMENT 5

I. LEARNING TITLE : ENVIRONMENTAL PROTECTION

Environmental protection is the practice of protecting the natural environment
by individuals, organizations and governments.[1] Its objectives are to conserve natural
resources and the existing natural environment and, where possible, to repair damage
and reverse trends.
Due to the pressures of overconsumption, population growth and technology, the
biophysical environment is being degraded, sometimes permanently. This has been
recognized, and governments have begun placing restraints on activities that cause
environmental degradation.
Environmental management refers to those activities which enhance beneficial
links and minimize adverse links among resources systems and their environments, and
which seek to attain desirable environmental system states, in response to community
perceptions and desires, under prevailing socioeconomic and technological conditions.

II. INTENDED LEARNING OUTCOME

At the end of the lesson, the learners should be able to;
1. discuss briefly Republic Act 9003
2. state the role of the youth in protecting our environment
3. participate actively in a general discussion

III. LEARNING CONTENT

[REPUBLIC ACT NO. 9003] AN ACT PROVIDING FOR AN ECOLOGICAL
SOLID WASTE MANAGEMENT PROGRAM, CREATING THE NECESSARY
INSTITUTIONAL MECHANISMS AND INCENTIVES, DECLARING CERTAIN ACTS
PROHIBITED AND PROVIDING PENALTIES, APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES. Be it enacted by the Senate and House of
Representatives of the Philippines in Congress assembled:

CHAPTER I BASIC POLICIES

Article 1 General Provisions
Section 1. Short Title. -- This Act shall be known as the “Ecological Solid Waste
Management Act of 2000”.

Section 2. Declaration of Policies. -- It is hereby declared the policy of the State

to adopt a systematic, comprehensive and ecological solid waste management program
which shall: (a) Ensure the protection of public health and environment; (b) Utilize
environmentally-sound methods that maximize the utilization of valuable resources and
encourage resources conservation and recovery; (c) Set guidelines and targets for solid
waste avoidance and volume reduction through source reduction and waste
minimization measures, including composing, recycling, re-use, recovery, green
charcoal process, and others, before collection, treatment and disposal in appropriate
and environmentally sound solid waste management facilities in accordance with
ecologically sustainable development principles; 2 (d) Ensure the proper segregation,
collection, transport, storage, treatment and disposal of solid waste through the
formulation and adoption of the 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 local government units while establishing
a cooperative effort among the national government, other local government units, non-
government organizations, and the private sector; (h) Encourage cooperation and self-
regulation among waste generators through the application of market-based
instruments; (i) Institutionalize public participation in the development and
implementation of national and local integrated, comprehensive and ecological waste
management programs; and (j) Strengthen the integration of ecological solid waste
management and resource conservation and recovery topics into the academic
curricula of formal and non-formal education in order to promote environmental
awareness and action among the citizenry.

Article 2 Definitions of Terms

Section 3. Definition of Terms. – For the purpose of this Act: (a) Agricultural
waste shall refer to waste generated from planting or harvesting of crops, trimming or
pruning of plants and wastes or run-off materials from farms or fields; (b) Bulky wastes
shall refer to waste materials which cannot be appropriately placed in separate
containers because of either its bulky size, shape or other physical attributes. These
include large worn-out or broken household, commercial, and industrial items such as
furniture, lamps, bookcases, filing cabinets, and other similar items; (c) Bureau shall
refer to the Environmental Management Bureau; (d) Buy-back center shall refer to a
recycling center that purchases or otherwise accepts recyclable materials from the
public for the purpose of recycling such materials; 3 (e) Collection shall refer to the act
of removing solid waste from the source or from a communal storage point; (f)
Composting

shall refer to the controlled decomposition of organic matter by micro-organisms, mainly

bacteria and fungi, into a humus-like product; (g) Consumer electronics shall refer to
special wastes that include worn-out, broken, and other discarded items such as radios,
stereos, and TV sets; (h) Controlled dump shall refer to a disposal site at which solid
waste is deposited in accordance with the minimum prescribed standards of site
operation; (i) Department shall refer to the Department of Environment and Natural
Resources; (j) Disposal shall refer to the discharge, deposit, dumping, spilling, leaking
or placing of any solid waste into or in any land; (k) Disposal site shall refer to a site
where solid waste is finally discharged and deposited; (l)
Ecological solid waste management shall refer to the systematic administration of
activities which provide for segregation at source, segregated transportation, storage,
transfer, processing, treatment, and disposal of solid waste and all other waste
management activities which do not harm the environment; (m) Environmentally
acceptable shall refer to the quality of being re-usable, biodegradable or compostable,
recyclable and not toxic or hazardous to the environment; (n) Generation shall refer to
the act or process of producing solid waste; (o) Generator shall refer to a person,
natural or juridical, who last uses a material and makes it available for disposal or
recycling; (p) Hazardous waste shall refer to solid waste or combination of solid waste
which because of its quantity, concentration, or physical, chemical or infectious
characteristics may: (1) cause, or significantly contribute to an increase in mortality or
an increase in serious irreversible, or incapacitating reversible, illness; or (2) pose a
substantial present or potential hazard to human health or the environment when
improperly treated, stored, transported, or disposed of, or otherwise managed; (q)
Leachate shall refer to the liquid produced when waste undergo decomposition, and
when water percolate through solid waste undergoing 4 decomposition. It is a
contaminated liquid that contains dissolved and suspended materials; (r) Materials
recovery facility – includes a solid waste transfer station or sorting station, drop-off
center, a composting facility, and a recycling facility; (s) Municipal waste shall refer to
wastes produced from activities within local government units which include a
combination of domestic, commercial, institutional and industrial wastes and street
litters; (t)
Open dump shall refer to a disposal area wherein the solid wastes are
indiscriminately thrown or disposed of without due planning and consideration for
environmental and health standards; (u) Opportunity to recycle shall refer to the act of
providing a place for collecting source-separated recyclable material, located either at a
disposal site or at another location more convenient to the population being served, and
collection at least once a month of source-separated recyclable material from collection
service customers and to providing a public education and promotion program that
gives notice to each person of the opportunity to recycle and encourage source
separation of recyclable material; (v) Person(s) shall refer to any being, natural or
juridical, susceptible of rights and obligations, or of being the subject of legal relations;
(w) Post-consumer material shall refer only to those materials or products generated
by a business or consumer which have served their intended end use, and which have
been separated or diverted from solid waste for the purpose of being collected,
processed and used as a raw material in the manufacturing of recycled product,
excluding materials and by-products generated from, and commonly used within an
original manufacturing process, such as mill scrap; (x) Receptacles shall refer to
individual containers used for the source separation and the collection of recyclable
materials; (y) Recovered material shall refer to material and by-products that have been
recovered or diverted from solid waste for the purpose of being collected, processed
and used as a raw material in the manufacture of a recycled product; (z)
Recyclable material shall refer to any waste material retrieved from the waste
stream and free from contamination that can still be converted into suitable beneficial
use or for other purposes, including, but not limited to, newspaper, ferrous scrap metal,
non-ferrous scrap metal, used oil, corrugated cardboard, aluminum, glass, office paper,
tin cans and other materials as may be determined by the Commission; (aa) Recycled
material shall refer to post-consumer material that has been recycled and returned to
the economy; 5 (bb) Recycling shall refer to the treating of used or waste materials
through a process of making them suitable for beneficial use and for other purposes,
and includes any process by which solid waste materials are transformed into new
products in such a manner that the original products may lose their identity, and which
may be used as raw materials for the production of other goods or services:
Provided, That the collection, segregation and re-use of previously used
packaging material shall be deemed recycling under this Act; (cc) Resource
conservation shall refer to the reduction of the amount of solid waste that are generated
or the reduction of overall resource consumption, and utilization of recovered resources;
(dd) Resource recovery shall refer to the collection, extraction or recovery of recyclable
materials from the waste stream for the purpose of recycling, generating energy or
producing a product suitable for beneficial use: Provided,
That, such resource recovery facilities exclude incineration; (ee) Re-use shall
refer to the process of recovering materials intended for the same or different purpose
without the alteration of physical and chemical characteristics; (ff) Sanitary landfill shall
refer to a waste disposal site designed, constructed, operated and maintained in a
manner that exerts engineering control over significant potential environmental impacts
arising from the development and operation of the facility; (gg) Schedule of Compliance
shall refer to an enforceable sequence of actions or operations to be accomplished
within a stipulated time frame leading to compliance with a limitation, prohibition, or
standard set forth in this Act or any rule or regulation issued pursuant thereto; (hh)
Secretary shall refer to the Secretary of the Department of Environment and Natural
Resources; (ii) Segregation shall refer to a solid waste management practice of
separating different materials found in solid waste in order to promote recycling and
reuse of resources and to reduce the volume of waste for collection and disposal; (jj)
Segregation at source shall refer to a solid waste management practice of separating, at

the point of origin, different materials found in solid waste in order to promote recycling
and re-use of resources and to reduce the volume of waste for collection and disposal;
(kk) Solid waste shall refer to all discarded household, commercial waste,
nonhazardous institutional and industrial waste, street sweepings, construction debris,
agriculture waste, and other non-hazardous/non-toxic solid waste. Unless specifically
noted otherwise, the term “solid waste” as used in this Act shall not include: 6 (1) waste
identified or listed as hazardous waste of a solid, liquid, contained gaseous or semisolid
form which may cause or contribute to an increase in mortality or in serious or
incapacitating reversible illness, or acute/chronic effect on the health of persons and
other organisms; (2) infectious waste from hospitals such as equipment, instruments,
utensils, and fomites of a disposable nature from patients who are suspected to have or
have been diagnosed as having communicable diseases and must therefore be isolated
as required by public health agencies, laboratory wastes such as pathological
specimens (i.e., all tissues, specimens of blood elements, excreta, and secretions
obtained from patients or laboratory animals), and disposable fomites that may harbor
or transmit pathogenic organisms, and surgical operating room pathologic specimens
and disposable fomites attendant thereto, and similar disposable materials from
outpatient areas and emergency rooms; and (3) waste resulting from mining activities,
including contaminated soil and debris. (ll) Solid waste management shall refer to the
discipline associated with the control of generation, storage, collection, transfer and
transport, processing, and disposal of solid wastes in a manner that is in accord with the
best principles of public health, economics, engineering, conservation, aesthetics, and
other environmental considerations, and that is also responsive to public attitudes; (mm)
Solid waste management facility shall refer to any resource recovery system or
component thereof; any system, program, or facility for resource conservation; any
facility for the collection, source separation, storage, transportation, transfer,
processing, treatment, or disposal of solid waste; (nn) Source reduction shall refer to the
reduction of solid waste before it enters the solid waste stream by methods such as
product design, materials substitution, materials re-use and packaging restrictions; (oo)
Source separation shall refer to the sorting of solid waste into some or all of its
component parts at the point of generation; (pp) Special wastes shall refer to household
hazardous wastes such as paints, thinners, household batteries, lead-acid batteries,
spray canisters and the like. These include wastes from residential and commercial
sources that comprise of bulky wastes, consumer electronics, white goods, yard wastes
that are collected separately, batteries, oil, and tires. These wastes are usually handled
separately from other residential and commercial wastes; (qq) Storage shall refer to the
interim containment of solid waste after generation and prior to collection for ultimate
recovery or disposal; (rr) Transfer stations shall refer to those facilities utilized to receive
solid wastes, temporarily store, separate, convert, or otherwise process the materials in
the 7 solid wastes, or to transfer the solid wastes directly from smaller

to larger vehicles for transport. This term does not include any of the following: (1) a
facility whose principal function is to receive, store, separate, convert, or otherwise
process in accordance with national minimum standards, manure; (2) a facility, whose
principal function is to receive, store, convert, or otherwise process wastes which have
already been separated for re-use and are not intended for disposal; and (3) the
operations premises of a duly licensed solid waste handling operator who receives,
stores, transfers, or otherwise processes wastes as an activity incidental to the conduct
of a refuse collection and disposal business. (ss) Waste diversion shall refer to activities
which reduce or eliminate the amount of solid wastes from waste disposal facilities; (tt)
White goods shall refer to large worn-out or broken household, commercial, and
industrial appliances such as stoves, refrigerators, dishwaters, and clothes washers and
dryers collected separately. White goods are usually dismantled for the recovery of
specific materials (e.g., copper, aluminum, etc.); and (uu) Yard waste shall refer to
wood, small or chipped branches, leaves, grass clippings, garden debris, vegetables
residue that is recognizable as part of a plant or vegetable and other materials identified
by the Commission.

CHAPTER II INSTITUTIONAL MECHANISM

Section 4. National Solid Waste Management Commission. --There is hereby
established a National Solid Waste Management Commission, hereinafter referred to as
the Commission, under the Office of the President. The Commission shall be composed
of fourteen (14) members from the government sector and three (3) members from the
private sector. The government sector shall be represented by the heads of the
following agencies in their ex officio capacity: (1) Department of Environment and
Natural Resources (DENR); (2) Department of Interior and Local Government (DILG);
(3) Department of Science and Technology (DOST); (4) Department of Public Works
and Highways (DPWH); (5) Department of Health (DOH); (6) Department of Trade and
Industry (DTI); 8 (7) Department of Agriculture (DA); (8) Metro Manila Development
Authority (MMDA); (9) League of provincial governors; (10) League of city mayors; (11)
League of municipal mayors; (12) Association of barangay councils; (13) Technical
Education and Skills Development Authority (TESDA); and (14) Philippine Information
Agency. The private sector shall be represented by the following: (a) A representative
from nongovernment organizations (NGOs) whose principal purpose is to promote
recycling and the protection of air and water quality; (b) A representative from the
recycling industry; and (c) A representative from the manufacturing or packaging
industry; The Commission may, from time to time, call on any other concerned agencies
or sectors as it may deem necessary. Provided, That representatives from the NGOs,
recycling and manufacturing or packaging industries shall be nominated through a
process designed by themselves and shall be appointed by the President for a term of
three (3) years. Provided, further, That the Secretaries of the member agencies of the
Commission shall formulate action plans for their
respective agencies to complement the National Solid Waste Management Framework.
The Department Secretary and a private sector representative of the Commission shall
serve as chairman and vice chairman, respectively. The private sector representatives
of the Commission shall be appointed on the basis of their integrity, high degree of
professionalism and having distinguished themselves in environmental and resource
management. The members of the Commission shall serve and continue to hold office
until their successors shall have been appointed and qualified. Should a member of the
Commission fail to complete his/her term, the successor shall be appointed by the
President of the Philippines but only for the unexpired portion of the term. Finally, the
members shall be entitled to reasonable traveling expenses and honoraria. The
Department, through the Environmental Management Bureau, shall provide secretariat
support to the Commission. The Secretariat shall be headed by an executive 9 director
who shall be nominated by the members of the Commission 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 prescribe policies to
achieve the objectives of this Act. The Commission shall undertake the following
activities: (a) Prepare the National Solid Waste Management Framework; (b) Approve
local solid waste management plans in accordance with its rules and regulations; (c)
Review and monitor the implementation of local solid waste management plans; (d)
Coordinate the operation of local solid waste management boards in the provincial and
city/municipal levels; (e) To the maximum extent feasible, utilizing existing resources,
assist provincial, city and municipal solid waste management boards in the preparation,
modification, and implementation of waste management plans; (f) Develop a model
provincial, city and municipal solid waste management plan that will establish
prototypes of the content and format which provinces, cities and municipalities may use
in meeting the requirements of the National Solid Waste Management Framework; (g)
Adopt a program to provide technical and other capability building assistance and
support to local government units in the development and implementation of source
reduction programs; (h) Develop and implement a program to assist local government
units in the identification of markets for materials that are diverted from disposal facilities
through re-use, recycling, and composting, and other environment-friendly methods; (i)
Develop a mechanism for the imposition of sanctions for the violation of environmental
rules and regulations; (j) Manage the Solid Waste Management Fund; (k) Develop and
prescribe procedures for the issuance of appropriate permits and clearances; (l) Review
the incentives scheme for effective solid waste management, for purposes of ensuring
relevance and efficiency in achieving the objectives of this Act; (m) Formulate the
necessary education promotion and information campaign strategies; 10 (n) Establish,
after notice and hearing of the parties concerned, standards, criteria, guidelines and
formula that are fair, equitable and

reasonable in establishing tipping charges and rates that the proponent will charge in
the operation and management of solid waste management facilities and technologies;
(o) Develop safety nets and alternative livelihood programs for small recyclers and other
sectors that will be affected as a result of the construction and/or operation of a solid
waste management recycling plant or facility; (p) Formulate and update a list of non-
environmentally acceptable materials in accordance with the provisions of this Act. For
this purpose, it shall be necessary that proper consultation be conducted by the
Commission with all concerned industries to ensure a list that is based on technological
and economic viability; (q) Encourage private sector initiatives, community participation
and investments resource recovery-based livelihood programs for local communities; (r)
Encourage all local government agencies and all local government units to patronize
products manufactured using recycled and recyclable materials; (s) Propose and adopt
regulations requiring the source separation and post separation collection, segregated
collection, processing, marketing and sale of organic and designated recyclable material
generated in each local government unit; and (t) Study and review the following: (i)
Standards, criteria and guidelines for the promulgation and implementation of an
integrated national solid waste management framework; and (ii) Criteria and guidelines
for siting, design, operation and maintenance of solid waste management facilities.
Section 6. Meetings. -- The Commission shall meet at least once a month. The
presence of at least a majority of the members shall constitute a quorum. The chairman,
or in his absence the vice-chairman, shall be presiding officer. In the absence of the
heads of the agencies mentioned in
Section 4 of this Act, they may designate permanent representatives to attend the
meetings.
Section 7. The National Ecology Center. -- There shall be established a National
Ecology Center under the Commission which shall provide consulting, information,
training, and networking services for the implementation of the provisions of this Act. In
this regard, its shall perform the following functions: 11 (a) Facilitate training and
education in integrated ecological solid waste management; (b) Establish and manage a
solid waste management information data base, in coordination with the DTI and other
concerned agencies: (1) on solid waste generation and management techniques as well
as the management, technical and operational approaches to resource recovery; and
(2) of processors/recyclers, the list of materials being recycled or bought by them and
their respective prices; (c) Promote the development of a recycling market through the
establishment of a national recycling network that will enhance the opportunity to
recycle; (d) Provide or facilitate expert assistance in pilot modeling of solid waste
management facilities; and (e) Develop, test, and disseminate model waste
minimization and reduction auditing procedures for evaluating options. The National
Ecology Center shall be headed by the director of the Bureau in his ex officio capacity. It
shall maintain a multi-sectoral, multi-disciplinary pool of experts including those from the
academe,

inventors, practicing professionals, business and industry, youth, women and other
concerned sectors, who shall be screened according to qualifications set by the
Commission.
Section 8. Role of the Department. -- For the furtherance of the objectives of this
Act, the Department shall have the following functions: (a) Chair the Commission
created pursuant to this Act; (b) Prepare an annual National Solid Waste Management
Status Report; (c) Prepare and distribute information, education and communication
materials on solid waste management; (d) Establish methods and other parameters for
the measurement of waste reduction, collection and disposal; (e) Provide technical and
other capability building assistance and support to the LGUs in the development and
implementation of local solid waste management plans and programs; (f) Recommend
policies to eliminate barriers to waste reduction programs; (g) Exercise visitorial and
enforcement powers to ensure strict compliance with this Act; (h) Perform such other
powers and functions necessary to achieve the objectives to this Act; and 12 (i) Issue
rules 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 copy therefrom, the
records required to be maintained pursuant to the provisions of this Act. The Secretary
or the duly authorized representative shall likewise have the right to enter the premises
of any generator, recycler or manufacturer, or other facilities any time to question any
employee or investigate any fact, condition or matter which may be necessary to
determine any violation, or which may aid in the effective enforcement of this Act and its
implementing rules and regulations. This Section shall not apply to private dwelling
places unless the visitorial power is otherwise judicially authorized.
Section 10. Role of LGUs in Solid Waste Management. -- Pursuant to the
relevant provisions of R.A. No. 7160, otherwise known as the Local Government Code,
the LGUs shall be primarily responsible for the implementation and enforcement of the
provisions of this Act within their respective jurisdictions. Segregation and collection of
solid waste shall be conducted at the barangay level specifically for biodegradable,
compostable and reusable wastes: Provided, That the collection of non-recyclable
materials and special wastes shall be the responsibility of the municipality or city.
Section 11. Provincial Solid Waste Management Board. -- A Provincial Solid
Waste Management Board shall be established in every province, to be chaired by the
governor. Its members shall include: (a) All the mayors of its component cities and
municipalities; (b) One (1) representative from the Sangguniang Panlalawigan to be
represented by the chairperson of either the Committees on Environment or Health or
their equivalent committees, to be nominated by the presiding officer; (c) The provincial
health and/or general services officers, whichever may be recommended by the
governor; (d) The provincial environment and natural resources officer; (e) The
provincial engineer; (f) Congressional representative/s from each
congressional district within the province; (g) A representative from the NGO sector
whose principal purpose is to promote recycling and the protection of air and water
quality; (h) A representative from the recycling industry; (i) A representative from the
manufacturing or packaging industry; and 13 (j) A representative of each concerned
government agency possessing relevant technical and marketing expertise as may be
determined by the Board. The Provincial Solid Waste Management Board may, from
time to time, call on any other concerned agencies or sectors as it may deem
necessary. Provided, That representatives from the NGOs, recycling and manufacturing
or packaging industries shall be selected through a process designed by themselves
and shall be endorsed by the government agency representatives of the Board:
Provided, further, That in the Province of Palawan, the Board shall be chaired by the
chairman of the Palawan Council for Sustainable Development, pursuant to Republic
Act No. 7611. In the case of Metro Manila, the Board shall be chaired by the
chairperson of the MMDA and its members shall include: (i) all mayors of its component
cities and municipalities; (ii) A representative from the NGO sector whose principal
purpose is to promote recycling and the protection of air and water quality; (iii) A
representative from the recycling industry; and (iv) A representative from the
manufacturing or packaging industry. The Board may, from time to time, call on any
other concerned agencies or sectors as it may deem necessary. Provided, That
representatives from the NGOs, recycling and manufacturing or packaging industries
shall be selected through a process designed by themselves and shall be endorsed by
the government agency representatives of the Board. The Provincial Solid Waste
Management Board shall have the following functions and responsibilities: (1) Develop
a provincial solid waste management plan from the submitted solid waste management
plans of the respective city and municipal solid waste management boards herein
created. It shall review and integrate the submitted plans of all its component cities and
municipalities and ensure that the various plans complement each other, and have the
requisite components. The Provincial Solid Waste Management Plan shall be submitted
to the Commission for approval. The Provincial Plan shall reflect the general program of
action and initiatives of the provincial government in implementing a solid waste
management program that would support the various initiatives of its component cities
and municipalities. (2) Provide the necessary logistical and operational support to its
component cities and municipalities in consonance with subsection (f) of Section 17 of
the Local Government Code; 14 (3) Recommend measures and safeguards against
pollution and for the preservation of the natural ecosystem; (4) Recommend measures
to generate resources, funding and implementation of projects and activities as
specified in the duly approved solid waste management plans; (5) Identify areas within
its jurisdiction which have common solid waste management problems and are
appropriate units for planning local solid waste management services in accordance
with Section 41 hereof; (6) Coordinate the efforts of the component cities and
municipalities in the implementation of the

Provincial Solid Waste Management Plan; (7) Develop an appropriate incentive scheme
as an integral component of the Provincial Solid Waste Management Plan; (8) Convene
joint meetings of the provincial, city and municipal solid waste management boards at
least every quarter for purposes of integrating, synchronizing, monitoring and evaluating
the development and implementation of its provincial solid waste management plan; (9)
Represent any of its component city or municipality in coordinating its resource and
operational requirements with agencies of the national government; (10) Oversee the
implementation of the Provincial Solid Waste Management Plan; (11) Review every two
(2) years or as the need arises the Provincial Solid Waste Management Plan for
purposes of ensuring its sustainability, viability, effectiveness and relevance in relation
to local and international developments in the field of solid waste management; and (12)
Allow for the clustering of LGUs for the solution of common solid waste management
problems.
Section 12. City and Municipal Solid Waste Management Board. -- Each city or
municipality shall form a City or Municipal Waste Management Board that shall prepare,
submit and implement a plan for the safe and sanitary management of solid waste
generated in areas under its geographic and political coverage. The City or Municipal
Solid Waste Management Board shall be composed of the city or municipal mayor as
head with the following as members: (a) One (1) representative of the Sangguniang
Panlungsod or the Sangguniang Bayan, preferably chairpersons of either the
Committees on Environment or Health, who will be designated by the presiding officer;
(b) President of the Association of Barangay Councils in the municipality or city; (c)
Chairperson of the Sangguniang Kabataan Federation; 15 (d) A representative from
NGOs whose principal purpose is to promote recycling and the protection of air and
water quality; (e) A representative from the recycling industry; (f) A representative from
the manufacturing or packaging industry; and (g) A representative of each concerned
government agency possessing relevant technical and marketing expertise as may be
determined by the Board. The City or Municipal Solid Waste Management Board may,
from time to time, call on any concerned agencies or sectors as it may deem necessary.
Provided, That representatives from the NGOs, recycling and manufacturing or
packaging industries shall be selected through a process designed by themselves and
shall be endorsed by the government agency representatives of the Board. The City
and Municipal Solid Waste Boards shall have the following duties and responsibilities:
(1) Develop the City or Municipal Solid Waste Management Plan that shall ensure the
long-term management of solid waste, as well as integrate the various solid waste
management plans and strategies of the barangays in its area of jurisdiction. In the
development of the Solid Waste Management Plan, it shall conduct consultations with
the various sectors of the community; (2) Adopt measures to promote and ensure the
viability and effective implementation of solid waste management programs in its
component barangays; (3) Monitor the implementation of the City or Municipal Solid
Waste

Management Plan through its various political subdivisions and in cooperation with the
private sector and the NGOs; (4) Adopt specific revenue-generating measures to
promote the viability of its Solid Waste Management Plan; (5) Convene regular
meetings for purposes of planning and coordinating the implementation of the solid
waste management plans of the respective component barangays; (6) Oversee the
implementation of the City or Municipal Solid Waste Management Plan; (7) Review
every two (2) years or as the need arises the City or Municipal Solid Waste
Management Plan for purposes of ensuring its sustainability, viability, effectiveness and
relevance in relation to local and international developments in the field of solid waste
management; (8) Develop the specific mechanics and guidelines for the implementation
of the City or Municipal Solid Waste Management Plan; 16 (9) Recommend to
appropriate local government authorities specific measures or proposals for franchise or
build-operate-transfer agreements with duly recognized institutions, pursuant to R.A.
6957, to provide either exclusive or non-exclusive authority for the collection, transfer,
storage, processing, recycling or disposal of municipal solid waste. The proposals shall
take into consideration appropriate government rules and regulations on contracts,
franchises and build-operate-transfer agreements; (10) Provide the necessary logistical
and operational support to its component cities and municipalities in consonance with
subsection (f) of Section 17 of the Local Government Code; (11) Recommend measures
and safeguards against pollution and for the preservation of the natural ecosystem; and
(12) Coordinate the efforts of its component barangays in the implementation of the city
or municipal Solid Waste Management Plan.
Section 13. Establishment of Multi-Purpose Environment Cooperatives or
Associations in Every LGU. -- Multi-purpose cooperatives and associations that shall
undertake activities to promote the implementation and/or directly undertake projects in
compliance with the provisions of this Act shall be encouraged and promoted in every
LGU.
CHAPTER III COMPREHENSIVE SOLID WASTE MANAGEMENT
Article 1 General Provisions Section 14. National Solid Waste Management
Status Report. -- The Department, in coordination with the DOH and other concerned
agencies, shall within six (6) months after the effectivity of this Act, prepare a National
Solid Waste Management Status Report which shall be used as a basis in formulating
the National Solid Waste Management Framework provided in Section 15 of this Act.
The concerned agencies shall submit to the Department relevant data necessary for the
completion of the said report within three (3) months following the effectivity of this Act.
The said report shall include, but shall not be limited to, the following: (a) Inventory of
existing solid waste facilities; (b) General waste characterization, taking into account the
type, quantity of waste generated and estimation of volume and type of waste for
reduction and recycling; (c) Projection of waste generation; (d) The varying regional
geologic, hydrologic, climatic, and other factors vital in the implementation of solid waste
practices to ensure the reasonable protection of: 17 (1) the

quality of surface and groundwater from leachate contamination; (2) the quality of
surface waters from surface run-off contamination; and (3) ambient air quality. (e)
Population density, distribution and projected growth; (f) The political, economic,
organizational, financial and management problems affecting comprehensive solid
waste management; (g) Systems and techniques of waste reduction, re-use and
recycling; (h) Available markets for recyclable materials; (i) Estimated cost of collecting,
storing, transporting, marketing and disposal of wastes and recyclable materials; and (j)
Pertinent qualitative and quantitative information concerning the extent of solid waste
management problems and solid waste management activities undertaken by local
government units and waste operators. Provided, That the Department, in consultation
with concerned agencies, shall review, update and publish a National Solid Waste
Management Status Report every two (2) years or as the need arises.
Section 15. National Solid Waste Management Framework. -- Within six (6)
months from the completion of the National Solid Waste Management Status Report
under Section 14 of this Act, the Commission created under Section 4 of this Act shall,
with public participation, formulate and implement a National Solid Waste Management
Framework. Such framework shall consider and include: (a) Analysis and evaluation of
the current state, trends projections of solid waste management on the national,
provincial and municipal levels; (b) Identification of critical solid waste facilities and local
government units which will need closer monitoring and/or regulation; (c) Characteristics
and conditions of collection, storage, processing, disposal, operating methods,
techniques and practices, location of facilities where such operating methods,
techniques and practices are conducted, taking into account the nature of the waste; (d)
Waste diversion goal pursuant to Section 20 of this Act; (e) Schedule for the closure
and/or upgrading of open and controlled dumps pursuant to Section 37 of this Act; (f)
Methods of closing or upgrading open dumps for purposes of eliminating potential
health hazards; 18 (g) The profile of sources, including industrial, commercial, domestic
and other sources; (h) Practical applications of environmentally sound techniques of
waste minimization such as, but not limited to, resource conservation, segregation at
source, recycling, resource recovery, including waste-to-energy generation, re-use and
composting; (i) A technical and economic description of the level of performance that
can be attained by various available solid waste management practices which provide
for the protection of public health and the environment; (j) Appropriate solid waste
facilities and conservation systems; (k) Recycling programs for the recyclable materials,
such as but not limited to glass, paper, plastic and metal; (l) Venues for public
participation from all sectors at all phases/stages of the waste management
program/project; (m) Information and education campaign strategies; (n) A description
of levels of performance and appropriate methods and degrees of control that provide,
at the minimum, for protection of public health and welfare through: (1) Protection of the
quality of groundwater and surface waters from leachate and run-off contamination; (2)

Disease and epidemic prevention and control; (3) Prevention and control of offensive
odor; and (4) Safety and aesthetics. (o) Minimum criteria to be used by the local
government units to define ecological solid waste management practices. As much as
practicable, such guidelines shall also include minimum information for use in deciding
the adequate location, design, and construction of facilities associated with solid waste
management practices, including the consideration of regional, geographic,
demographic, and climatic factors; and (p) The method and procedure for the phaseout
and the eventual closure within eighteen (18) months from effectivity of this Act in case
of existing open dumps and/or sanitary landfills located within an aquifer, groundwater
reservoir or watershed area.
Section 16. Local Government Solid Waste Management Plans. -- The province,
city or municipality, through its local solid waste management boards, shall prepare its
respective 10-year solid waste management plans consistent with the 19 National Solid
Waste Management Framework: Provided, That the waste management plan shall be
for the re-use, recycling and composting of wastes generated in their respective
jurisdictions: Provided, further, That the solid waste management plan of the LGU shall
ensure the efficient management of solid waste generated within its jurisdiction. The
plan shall place primary emphasis on implementation of all feasible reuse, recycling,
and composting programs while identifying the amount of landfill and transformation
capacity that will be needed for solid waste which cannot be re-used, recycled, or
composted. The plan shall contain all the components provided in Section 17 of this Act
and a timetable for the implementation of the solid waste management program in
accordance with the National Framework and pursuant to the provisions of this Act:
Provided, finally, That it shall be reviewed and updated every year by the provincial, city
or municipal solid waste management board. For LGUs which have considered solid
waste management alternatives to comply with Section 37 of this Act, but are unable to
utilize such alternatives, a timetable or schedule of compliance specifying the remedial
measures and eventual compliance shall be included in the plan. All local government
solid waste management plans shall be subjected to the approval of the Commission.
The plan shall be consistent with the national framework and in accordance with the
provisions of this Act and of the policies set by the Commission: Provided, That in the
Province of Palawan, the local government solid waste management plan shall be
approved by the Palawan Council for Sustainable Development, pursuant to R.A. No.
7611.
Section 17. The Components of the Local Government Solid Waste
Management Plan. – The solid waste management plan shall include, but not limited to,
the following components: (a) City or Municipal Profile – The plan shall indicate the
following background information on the city or municipality and following background
information on the city or municipality and its component barangays, covering important
highlights of the distinct geographic and other conditions: (1) Estimated population of
each barangay within the city or municipality and

population projection for a 10-year period; (2) Illustration or map of the city/municipality,
indicating locations of residential, commercial, and industrial centers, and agricultural
area, as well as dump sites, landfills and other solid waste facilities. The illustration shall
indicate as well, the proposed sites for disposal and other solid waste facilities; (3)
Estimated solid waste generation and projection by source, such as residential, market,
commercial, industrial, construction/demolition, street waste, agricultural, agro-
industrial, institutional, other wastes; and (4) Inventory of existing waste disposal and
other solid waste facilities and capacities. 20 (b) Waste characterization – For the initial
source reduction and recycling element of a local waste management plan, the LGU
waste characterization component shall identify the constituent materials which
comprise the solid waste generated within the jurisdiction of the LGU. The information
shall be representative of the solid waste generated and disposed of within that area.
The constituent materials shall be identified by volume, percentage in weight or its
volumetric equivalent, material type, and source of generation which includes
residential, commercial, industrial governmental, or other sources. Future revisions of
waste characterization studies shall identify the constituent materials which comprise
the solid waste disposed of at permitted disposal facilities. (c) Collection and Transfer –
The plan shall take into account the geographic subdivisions to define the coverage of
the solid waste collection area in every barangay. The barangay shall be responsible for
ensuring that a 100% collection efficiency from residential, commercial, industrial and
agricultural sources, where necessary within its area of coverage, is achieved. Toward
this end, the plan shall define and identify the specific strategies and activities to be
undertaken by its component barangays, taking into account the following concerns: (1)
Availability and provision of properly designed containers or receptacles in selected
collection points for the temporary storage of solid waste while awaiting collection and
transfer to processing sites or to final disposal sites; (2) Segregation of different types of
solid waste for re-use, recycling and composting; (3) Hauling and transfer of solid waste
from source or collection points to processing sites or final disposal sites; (4) Issuance
and enforcement of ordinances to effectively implement a collection system in the
barangay; and (5) Provision of properly trained officers and workers to handle solid
waste disposal. The plan shall define and specify the methods and systems for the
transfer of solid waste from specific collection points to solid waste management
facilities. (d) Processing – The plan shall define the methods and the facilities required
to process the solid waste, including the use of intermediate treatment facilities for
composting, recycling, conversion and other waste processing systems. Other
appropriate waste processing technologies may also be considered provided that such
technologies conform with internationally acceptable and other standards set in other
laws and regulations. (e) Source reduction – The source reduction component shall
include a program and implementation schedule which shows the methods by which the
LGU 21 will, in combination with the recycling and composting components,

reduce a sufficient amount of solid waste disposed of in accordance with the diversion
requirements of Section 20. The source reduction component shall describe the
following: (1) strategies in reducing the volume of solid waste generated at source; (2)
measures for implementing such strategies and the resources necessary to carry out
such activities; (3) other appropriate waste reduction technologies that may also be
considered, provided that such technologies conform with the standards set pursuant to
this Act; (4) the types of wastes to be reduced pursuant to Section 15 of this Act; (5) the
methods that the LGU will use to determine the categories of solid wastes to be diverted
from disposal at a disposal facility through re-use, recycling and composting; and (6)
new facilities and of expansion of existing facilities which will be needed to implement
re-use, recycling and composting. The LGU source reduction component shall include
the evaluation and identification of rate structures and fees for the purpose of reducing
the amount of waste generated, and other source reduction strategies, including but not
limited to, programs and economic incentives provided under Section 45 of this Act to
reduce and use of non-recyclable materials, replace disposable materials and products
with reusable materials and products, reduce packaging, and increase the efficiency of
the use of paper, cardboard, glass, metal, and other materials. The waste reduction
activities of the community shall also take into account, among others, local capability,
economic viability, technical requirements, social concerns, disposition of residual waste
and environmental impact: Provided, That, projection of future facilities needed and
estimated cost shall be incorporated in the plan. (f) Recycling – The recycling
component shall include a program and implementation schedule which shows the
methods by which the LGU shall, in combination with the source reduction and
composting components, reduce a sufficient amount of solid waste disposed of in
accordance with the diversion requirements set in Section 20. The LGU recycling
component shall describe the following: (1) The types of materials to be recycled under
the programs; (2) The methods for determining the categories of solid wastes to be
diverted from disposal at a disposal facility through recycling; and 22 (3) New facilities
and expansion of existing facilities needed to implement the recycling component. The
LGU recycling component shall describe methods for developing the markets for
recycled materials, including, but not limited to, an evaluation of the feasibility of
procurement preferences for the purchase of recycled products. Each LGU may
determine and grant a price preference to encourage the purchase of recycled products.
The five-year strategy for collecting, processing, marketing and selling the designated
recyclable materials shall take into account persons engaged in the business of
recycling or persons otherwise providing recycling services before the effectivity of this
Act. Such strategy may be based upon the results of the waste composition analysis
performed pursuant to this Section or information obtained in the course of past
collection of solid waste by the local government unit, and may include
recommendations with respect to increasing the number of materials designated for
recycling pursuant to this Act. The

LGU recycling component shall evaluate industrial, commercial, residential, agricultural,

governmental, and other curbside, mobile, drop-off, and buy-back recycling programs,
manual and automated materials recovery facilities, zoning, building code changes and
rate structures which encourage recycling of materials. The Solid Waste Management
Plan shall indicate the specific measures to be undertaken to meet the waste diversion
specified under Section 20 of this Act. Recommended revisions to the building
ordinances, requiring newlyconstructed buildings and buildings undergoing specified
alterations to contain storage space, devices or mechanisms that facilitate source
separation and storage of designated recyclable materials to enable the local
government unit to efficiently collect, process, market and sell the designated materials.
Such recommendations shall include, but shall not be limited to separate chutes to
facilitate source separation in multi-family dwellings, storage areas that conform to fire
and safety code regulations, and specialized storage containers. The Solid Waste
Management Plan shall indicate the specific measures to be undertaken to meet the
recycling goals pursuant to the objectives of this Act. (g) Composting -- The composting
component shall include a program and implementation schedule which shows the
methods by which the LGU shall, in combination with the source reduction and recycling
components, reduce a sufficient amount of solid waste disposed of within its jurisdiction
to comply with the diversion requirements of Section 20 hereof. The LGU composting
components shall describe the following: (1) The types of materials which will be
composted under the programs; 23 (2) The methods for determining the categories of
solid wastes to be diverted from disposal at a disposal facility through composting; and
(3) New facilities, and expansion of existing facilities needed to implement the
composting component. The LGU composting component shall describe methods for
developing the markets for composted materials, including, but not limited to, an
evaluation of the feasibility of procurement preferences for purchase of composted
products. Each LGU may determine and grant a price preference to encourage the
purchase of composted products. (h) Solid waste facility capacity and final disposal --
The solid waste facility component shall include, but shall not be limited to, a projection
of the amount of disposal capacity needed to accommodate the solid waste generated,
reduced by the following: (1) Implementation of source reduction, recycling, and
composting programs required in this Section or through implementation of other waste
diversion activities pursuant to Section 20 of this Act; (2) Any permitted disposal facility
which will be available during the 10-year planning period; and (3) All disposal capacity
which has been secured through an agreement with another LGU, or through an
agreement with a solid waste enterprise. The plan shall identify existing and proposed
disposal sites and waste management facilities in the city or municipality or in other
areas. The plan shall specify the strategies for the efficient disposal of waste through
existing disposal facilities and the identification of prospective sites for future use. The
selection and development of disposal sites shall be made on the basis of
internationally accepted

standards and on the guidelines set in Sections 41 and 42 of this Act. Strategies shall
be included to improve said existing sites to reduce adverse impact on health and the
environment, and to extend life span and capacity. The plan shall clearly define
projections for future disposal site requirements and the estimated cost for these efforts.
Open dump sites shall not be allowed as final disposal sites. If an open dump site is
existing within the city or municipality, the plan shall make provisions for its closure or
eventual phase out within the period specified under the framework and pursuant to the
provisions under Section 37 of this Act. As an alternative, sanitary landfill sites shall be
developed and operated as a final disposal site for solid and, eventually, residual
wastes of a municipality or city or a cluster of municipalities and/or cities. Sanitary
landfills shall be designed and operated in accordance with the guidelines set under
Sections 40 and 41 of this Act. 24 (i) Education and public information -- The education
and public information component shall describe how the LGU will educate and inform
its citizens about the source reduction, recycling, and composting programs. The plan
shall make provisions to ensure that information on waste collection services, solid
waste management and related health and environmental concerns are widely
disseminated among the public. This shall undertaken through the print and broadcast
media and other government agencies in the municipality. The DECS and the
Commission on Higher Education shall ensure that waste management shall be
incorporated in the curriculum of primary, secondary and college students. (j) Special
waste -- The special waste component shall include existing waste handling and
disposal practices for special waste or household hazardous wastes, and the
identification of current and proposed programs to ensure the proper handling, re-use,
and long-term disposal of special wastes. (k) Resource requirement and funding -- The
funding component includes identification and description of project costs, revenues,
and revenue sources the LGU will use to implement all components of the LGU solid
waste management plan. The plan shall likewise indicate specific projects, activities,
equipment and technological requirements for which outside sourcing of funds or
materials may be necessary to carry out the specific components of the plan. It shall
define the specific uses for its resource requirements and indicate its costs. The plan
shall likewise indicate how the province, city or municipality intends to generate the
funds for the acquisition of its resource requirements. It shall also indicate if certain
resource requirements are being or will be sourced from fees, grants, donations, local
funding and other means. This will serve as basis for the determination and assessment
of incentives which may be extended to the province, city or municipality as provided for
in Section 45 of this Act. (l) Privatization of solid waste management projects -- The plan
shall likewise indicate specific measures to promote the participation of the private
sector in the management of solid wastes, particularly in the generation and
development of the essential technologies for solid waste management. Specific
projects or component activities of the plan which may be offered as private sector
investment activity shall be

identified and promoted as such. Appropriate incentives for private sector involvement
in solid waste management shall likewise be established and provided for in the plan, in
consonance with Section 45 hereof and other existing laws, policies and regulations;
and (m) Incentive programs -- A program providing for incentives, cash or otherwise,
which shall encourage the participation of concerned sectors shall likewise be included
in the plan.
Section 18. Owner and Operator. -- Responsibility for compliance with the
standards in this Act shall rest with the owner and/or operator. If specifically designated,
25 the operator is considered to have primary responsibility for compliance; however,
this does not relieve the owner of the duty to take all reasonable steps to assure
compliance with these standards and any assigned conditions. When the title to a
disposal is transferred to another person, the new owner shall be notified by the
previous owner of the existence of these standards and of the conditions assigned to
assure compliance.
Section 19. Waste Characterization. -- The Department, in coordination with the
LGUs, shall be responsible for the establishment of the guidelines for the accurate
characterization of wastes including determination of whether or not wastes will be
compatible with containment features and other wastes, and whether or not wastes are
required to be managed as hazardous wastes under R.A. 6969, otherwise known as the
Toxic Substances and Hazardous and Nuclear Waste Control Act.
Section 20. Establishing Mandatory Solid Waste Diversion. -- Each LGU plan
shall include an implementation schedule which shows that within five (5) years after the
effectivity of this Act; the LGU shall divert at least 25% of all solid waste from waste
disposal facilities through re-use, recycling, and composting activities and other
resource recovery activities: Provided, That the waste diversion goals shall be
increased every three (3) years thereafter: Provided, further, That nothing in this Section
prohibits a local government unit from implementing re-use, recycling, and composting
activities designed to exceed the goal.
Article 2 Segregation of Wastes Section 21. Mandatory Segregation of Solid
Wastes. -- The LGUs shall evaluate alternative roles for the public and private sectors
in providing collection services, type of collection system, or combination of systems,
that best meet their needs: Provided, That segregation of wastes shall primarily be
conducted at the source, to include household, institutional, industrial, commercial and
agricultural sources: Provided, further, That wastes shall be segregated into the
categories provided in Section 22 of this Act. For premises containing six (6) or more
residential units, the local government unit shall promulgate regulations requiring the
owner or person in charge of such premises to: (a) provide for the residents a
designated area and containers in which to accumulate source separated recyclable
materials to be collected by the municipality or private center; and (b) notify the
occupants of such buildings of the requirements of this Act and the regulations
promulgated pursuant thereto.

Section 22. Requirements for the Segregation and Storage of Solid Waste. --
The following shall be the minimum standards and requirements for segregation and
storage of solid waste pending collection: 26 (a) There shall be a separate container for
each type of waste from all sources: Provided, That in the case of bulky waste, it will
suffice that the same be collected and placed in a separate and designated area; and
(b) The solid waste container depending on its use shall be properly marked or
identified for on-site collection as "compostable", "non-recyclable", "recyclable" or
"special waste", or any other classification as may be determined by the Commission.
Article 3 Collection and Transport of Solid Waste
Section 23. Requirements for Collection of Solid Waste. -- The following shall be
the minimum standards and requirements for the collection of solid waste: (a) All
collectors and other personnel directly dealing with collection of solid waste shall be
equipped with personal protective equipment to protect them from the hazards of
handling solid wastes; (b) Necessary training shall be given to the collectors and
personnel to ensure that the solid wastes are handled properly and in accordance with
the guidelines pursuant to this Act; and (c) Collection of solid waste shall be done in a
manner which prevents damage to the container, and spillage or scattering of solid
waste within the collection vicinity.
Section 24. Requirements for the Transport of Solid Waste. -- The use of
separate collection schedules and/or separate trucks or haulers shall be required for
specific types of wastes. Otherwise, vehicles used for the collection and transport of
solid wastes shall have the appropriate compartments to facilitate efficient storing of
sorted wastes while in transit. Vehicles shall be designed to consider road size,
condition and capacity to ensure the safe and efficient collection and transport of solid
wastes. The waste compartment shall have a cover to ensure the containment of solid
wastes while in transit. For the purpose of identification, vehicles shall bear the body
number, the name, and telephone number of the contractor/agency collecting solid
waste.
Section 25. Guidelines for Transfer Stations. - Transfer stations shall be
designed and operated for efficient waste handling capacity and in compliance with
environmental standards and guidelines set pursuant to this Act and other regulations:
Provided, that no waste shall be stored in such station beyond twenty-four (24) hours.
The siting of the transfer station shall consider the land use plan, proximity to collection
area, and accessibility of haul routes to disposal facility. The design shall give 27
primary consideration to size and space sufficiency in order to accommodate the waste
for storage and vehicles for loading and unloading of wastes. Article 4 Recycling
Program Section 26. Inventory of Existing Markets for Recyclable Materials. - The DTI
shall, within six (6) months from the effectivity of this Act and in cooperation with the
Department, the DILG and other concerned agencies and sectors, publish a study of
existing markets for processing and purchasing recyclable materials and the potential
steps

necessary to expand these markets. Such study shall include, but not be limited to, an
inventory of existing markets for recyclable materials, product standards for recyclable
and recycled materials, and a proposal, developed in conjunction with the appropriate
agencies, to stimulate the demand for the production of products containing post-
consumer and recovered materials.
Section 27. Requirement for Eco-Labeling. - The DTI shall formulate and
implement a coding system for packaging materials and products to facilitate waste
recycling and re-use.
Section 28. Reclamation Programs and Buy-back Centers for Recyclables and
Toxics. - The National Ecology Center shall assist LGUs in establishing and
implementing deposit or reclamation programs in coordination with manufacturers,
recyclers and generators to provide separate collection systems or convenient drop-off
locations for recyclable materials and particularly for separated toxic components of the
waste stream like dry cell batteries and tires to ensure that they are not incinerated or
disposed of in landfill. Upon effectivity of this Act, toxic materials present in the waste
stream should be separated at source, collected separately, and further screened and
sent to appropriate hazardous waste treatment and disposal plants, consistent with the
provisions of R.A. No. 6969.
Section 29. Non-Environmentally Acceptable Products. -- Within one (1) year
from the effectivity of this Act, the Commission shall, after public notice and hearing,
prepare a list of non-environmentally acceptable products as defined in this Act that
shall be prohibited according to a schedule that shall be prepared by the Commission:
Provided, however, That non-environmentally acceptable products shall not be
prohibited unless the Commission first finds that there are alternatives available which
are available to consumers at no more than ten percent (10%) greater cost than the
disposable product. Notwithstanding any other provision to the contrary, this section
shall not apply to: (a) Packaging used at hospitals, nursing homes or other medical
facilities; and (b) Any packaging which is not environmentally acceptable, but for which
there is no commercially available alternative as determined by the Commission. The
Commission shall annually review and update the list of prohibited non environmentally
acceptable products.
Section 30. Prohibitation on the Use of Non-Environmentally Acceptable
Packaging. - No person owning, operating or conducting a commercial establishment in
the country shall sell or convey at retail or possess with the intent to sell or convey at
retail any products that are placed, wrapped or packaged in on packaging which is not
environmentally acceptable packaging: Provided, That the Commission shall determine
a phaseout period after proper consultation and hearing with the stakeholders or with
the sectors concerned. The presence in the commercial establishment of
nonenvironmentally acceptable packing shall constitute a rebuttable presumption of
intent to sell or convey the same at retail to customers. Any person who is a
manufacturer, broker or warehouse operator engaging in the distribution or
transportation of commercial products within the country shall file a report with the
concerned

local government unit within one (1) year from the effectivity of this Act, and annually
thereafter, a listing of any products in packaging which is not environmentally
acceptable. The Commission shall prescribe the form of such report in its regulations. A
violation of this Section shall be sufficient grounds for the revocation, suspension, denial
or non-renewal of any license for the establishment in which the violation occurs.
Section 31. Recycling Market Development. - The Commission together with the
National Ecology Center, the DTI and the Department of Finance shall establish
procedures, standards and strategies to market recyclable materials and develop the
local marker for recycled goods, including but not limited to: (a) measures providing
economic incentives and assistance including loans and grants for the establishment of
privately-owned facilities to manufacture finished products from post-consumer
materials; (b) guarantees by the national and local governments to purchase a
percentage of the output of the facility; and (c) maintaining a list of prospective buyers,
establishing contact with prospective buyers and reviewing and making any necessary
changes in collecting or processing the materials to improve their marketability. In order
to encourage establishment of new facilities to produce goods from postconsumer and
recovered materials generated within local government units, and to conserve energy
by reducing materials transportation, whenever appropriate, each local government unit
may arrange for long-term contracts to purchase a substantial share of the product
output of a proposed facility which will be based in the jurisdiction of the local
government unit if such facility will manufacture such finished products from
postconsumer and recovered materials.
Section 32. Establishment of LGU Materials Recovery Facility. - There shall be
established a Materials Recovery Facility (MRF) in every barangay or cluster of
barangays. The facility shall be established in a barangay-owned or leased land or any
suitable open space to be determined by the barangay through its Sanggunian. For this
purpose, the barangay or cluster of barangays shall allocate a certain parcel of land for
29 the MRF. The determination of site and actual establishment of the facility shall
likewise be subject to the guidelines and criteria set pursuant to this Act. The MRF shall
receive mixed waste for final sorting, segregation, composting, and recycling. The
resulting residual wastes shall be transferred to a long-term storage or disposal facility
or sanitary landfill.
Section 33. Guidelines for Establishment of Materials Recovery Facility. -
Materials recovery facilities shall be designed to receive, sort, process, and store
compostable and recyclable material efficiently and in an environmentally sound
manner. The facility shall address the following considerations: (a) The building and/or
land layout and equipment must be designed to accommodate efficient and safe
materials processing, movement, and storage; and (b) The building must be designed to
allow efficient and safe external access and to accommodate internal flow.

Article 5 Composting Section 34. Inventory of Markets for Composts. - Within

six (6) months after the effectivity of this Act, the DA shall publish an inventory of
existing markets and demands for composts. Said inventory shall thereafter be updated
and published annually: Provided, that the composting of agricultural wastes, and other
compostable materials, including but not limited to garden wastes, shall be encouraged.
Section 35. Guidelines for Compost Quality. - Compost products intended to be
distributed commercially shall conform with the standards for organic fertilizers set by
the DA. The DA shall assist the compost producers to ensure that the compost products
conform to such standards.
Article 6 Waste Management Facilities Section 36. Inventory of Waste
Disposal Facilities. -- Within six (6) months from the effectivity of this Act, the
Department, in cooperation with the DOH, DILG and other concerned agencies, shall
publish an inventory of all solid waste disposal facilities or sites in the country.
Section 37. Prohibition Against the Use of Open Dumps for Solid Waste. -- No
open dumps shall be established and operated, nor any practice or disposal of solid
waste by any person, including LGUs, which constitutes the use of open dumps for solid
waste, be allowed after the effectivity of this Act: Provided, That within three (3) years
after the effectivity of this Act, every LGU shall convert its open dumps into controlled
dumps, in accordance with the guidelines set in Section 41 of this Act: Provided, further,
That no controlled dumps shall be allowed five (5) years following effectivity of this Act.
Section 38. Permit for Solid Waste Management Facility Construction and
Expansion. -- No person shall commence operation, including site preparation and 30
construction of a new solid waste management facility or the expansion of an existing
facility until said person obtains an Environmental Compliance Certificate (ECC) from
the Department pursuant to P.D. 1586 and other permits and clearances from
concerned agencies.
Section 39. Guidelines for Controlled Dumps. -- The following shall be the
minimum considerations for the establishment of controlled dumps: (a) Regular inert
cover; (b) Surface water and peripheral site drainage control; (c) Provision for aerobic
and anaerobic decomposition; (d) Restriction of waste deposition to small working
areas; (e) Fence, including provision 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) Hydrogeological siting.
Section 40. Criteria for Siting a Sanitary Landfill. -- The following shall be the
minimum criteria for the siting of sanitary landfills: (a) The site selected must be
consistent with the overall land use plan of the LGU; (b) The site must be accessible
from major roadways or thoroughfares; (c) The site should have an adequate quantity of
earth cover material that is easily handled and compacted; (d) The site must be chosen
with regard for the sensitivities of the community's residents; (e) The size must be
located in an area where the landfill’s operation
will not detrimentally affect environmentally sensitive resources such as aquifer,
groundwater reservoir or watershed area; (f) The site should be large enough to
accommodate the community’s wastes for a period of five (5) years during which people
must internalize the value of environmentally sound and sustainable solid waste
disposal; 31 (g) The site chosen should facilitate developing a landfill that will satisfy
budgetary constraints, including site development, operation for many years, closure,
post-closure care and possible remediation costs; (h) Operating plans must include
provisions for coordinating with recycling and resource recovery projects; and (i)
Designation of a separate containment area for household hazardous wastes.
Section 41. Criteria for Establishment of Sanitary Landfill. – The following shall
be the minimum criteria for the establishment of sanitary landfills: (a) Liners – a system
of clay layers and/or geosynthetic membranes used to contain leachate and reduce or
prevent contaminant flow to groundwater; (b) Leachate collection and treatment system
– Installation of pipes at the low areas of the liner to collect leachate for storage and
eventual treatment and discharge; (c) Gas control recovery system – a series of vertical
wells or horizontal trenches containing permeable materials and perforated piping
placed in the landfill to collect gas for treatment or productive use as an energy source;
(d) Ground water monitoring well system – wells placed at an appropriate location and
depth for taking water samples that are representative of groundwater quality; (e) Cover
– two (2) forms of cover consisting of soil and geosynthetic materials to protect the
waste from long-term contact with the environment: (i) a daily cover place over the
waste at the close of each day’s operations, and; (ii) a final cover, or cap, which is the
material placed over the completed landfill to control infiltration of water, gas emission to
the atmosphere, and erosion. (f) Closure procedure – with the objectives of establishing
low maintenance cover systems and final cover that minimizes the infiltration of
precipitation into the waste. Installation of the final cover must be completed within six
(6) months of the least receipt of wastes; and (g) Post-closure care procedure – During
this period, the landfill owner shall be responsible for providing for the general upkeep of
the landfill, maintaining all of the landfill’s environmental protection features, operating
monitoring equipment, remediating groundwater should it become contaminated and
controlling landfill gas migration or emission.
 Section 42. Operating Criteria for Sanitary Landfills. – In the operation of a
sanitary landfill, each site operator shall maintain the following minimum operating
requirements: (a) Disposal site records of, but not limited to: (1) Records of weights or
volumes accepted in a form and manner approved by the Department. Such records
shall be submitted to the Department upon request, accurate to within ten percent (10
%) and adequate for overall planning purposes and forecasting the rate of site filling; (2)
Records of excavations which may affect the safe and proper operation of the site or
cause damage to adjoining properties; (3) Daily log book or file of the following
information: fires, landslides, earthquake damage, unusual and sudden settlement,
injury and property damage, accidents, explosions, receipt or rejection

of unpermitted wastes, flooding, and other unusual occurrences; (4) Record of

personnel training; and (5) copy of written notification to the Department, local health
agency, and fire authority of names, addresses and telephone numbers of the operator
or responsible party of the site: (b) Water quality monitoring of surface and ground
waters and effluent, and gas emissions; (c) Documentation of approvals, determinations
and other requirements by the Department; (d) Signs – (1) Each point of access from a
public road shall be posted with an easily visible sign indicating the facility name and
other pertinent information as required by the Department; (2) If the site is open to the
public, there shall be an easily visible sign at the primary entrance of the site indicating
the name of the site operator, the operator’s telephone number, and hours of operation;
an easily visible sign at an appropriate point shall indicate the schedule of charges and
the general types of materials which will be accepted or not; (3) If the site is open to the
public, there shall be an easily visible road sign and/or traffic control measures which
direct traffic to the active face and other areas where wastes or recyclable materials will
be deposited; and (4) Additional signs and/or measures may be required at a disposal
site by the Department to protect personnel and public health and safety; 33 (e)
Monitoring of quality of surface, ground and effluent waters, and gas emissions; (f) The
site shall be designed to discourage unauthorized access by persons and vehicles by
using a perimeter barrier or topographic constraints. Areas within the site where open
storage or ponding of hazardous materials occurs shall be separately fenced or
otherwise secured as determined by the Department. The Department may also require
that other areas of the site be fenced to create an appropriate level of security; (g)
Roads within the permitted facility boundary shall be designed to minimize the
generation of dust and the tracking of materials onto adjacent public roads. Such roads
shall be kept in safe condition and maintained such that vehicle access and unloading
can be conducted during inclement weather; (h) Sanitary facilities consisting of
adequate number of toilets and handwashing facilities, shall be available to personnel at
or in the immediate vicinity of the site; (i) Safe and adequate drinking water supply for
the site personnel shall be available; (j) The site shall have communication facilities
available to site personnel to allow quick response to emergencies; (k) Where
operations are conducted during hours of darkness, the site and/or equipment shall be
equipped with adequate lighting as approved by the Department to ensure safety and to
monitor the effectiveness of operations; (l) Operating and maintenance personnel shall
wear and use appropriate safety equipment as required by the Department; (m)
Personnel assigned to operate the site shall be adequately trained in subject pertinent
to the site operation and maintenance, hazardous materials recognition and screening
and heavy equipment operations, with emphasis on safety, health, environmental
controls and emergency procedures. A record of such training shall be placed in the
operating record; (n) The site operator shall provide adequate supervision of a sufficient
number of qualified personnel to

ensure proper operation of the site in compliance with all applicable laws, regulations,
permit conditions and other requirements. The operator shall notify the Department and
local health agency in writing of the names, addresses, and telephone number of the
operator or responsible party. A copy of the written notification shall be placed in the
operating record; (o) Any disposal site open to the public shall have an attendant
present during public operating hours or the site shall be inspected by the operator on a
regularly scheduled basis, as determined by the Department; 34 (p) Unloading of solid
wastes shall be confined to a small area as possible to accommodate the number of
vehicles using the area without resulting in traffic, personnel, or public safety hazards.
Waste materials shall normally be deposited at the toe of the fill, or as otherwise
approved by the Department; (q) Solid waste shall be spread and compacted in layers
with repeated passages of the landfill equipment to minimize voids within the cell and
maximize compaction. The loose layer shall not exceed a depth approximately two feet
before compaction. Spreading and compacting shall be accomplished as rapidly as
practicable, unless otherwise approved by the Department; (r) Covered surfaces of the
disposal area shall be graded to promote lateral runoff of precipitation and to prevent
ponding. Grades shall be established of sufficient slopes to account for future
settlement of the fill surface. Other effective maintenance methods may be allowed by
the Department; and (s) Cover material or native material unsuitable for cover,
stockpiled on the site for use or removal, shall be placed so as not to cause problems or
interfere with unloading, spreading, compacting, access, safety, drainage, or other
operations.
Article 7 Local Government Solid Waste Management Section 43. Guidelines
for Identification of Common Solid Waste Management Problems. – For purposes of
encouraging and facilitating the development of local government plans for solid waste
management, the Commission shall, as soon as practicable but no later than six (6)
moths from the effectivity of this Act, publish guidelines for the identification of those
areas which have common solid waste management problems and are appropriate
units for clustered solid waste management services. The guidelines shall be based on
the following: (a) the size and location of areas which should be included; (b) the
volume of solid waste which would be generated; (c) the available means of
coordinating local government planning between and among the LGUs and for the
integration of such with the national plan; and (d) possible lifespan of the disposal
facilities.
Section 44. Establishment of Common Waste Treatment and Disposal Facilities.
– Pursuant to Sec. 33 of R.A. 7160, otherwise known as the Local Government Code,
all provinces cities, municipalities and barangays, through appropriate ordinances, are
hereby mandated to consolidate, or coordinate their efforts, services, and resources for
purposes of jointly addressing common solid waste management problems and/or
establishing common
waste disposal facilities. 35 The Department, the Commission and local solid waste
management boards shall provide technical and marketing assistance to the LGUs.
CHAPTER IV Incentives Section 45. Incentives. – (a) Rewards, monetary or
otherwise, shall be provided to individuals, private organizations and entities, including
non-government organizations, that have undertaken outstanding and innovative
projects, technologies, processes and techniques or activities in re-use, recycling and
reduction. Said reward shall be sourced from the Fund herein created. (b) An incentive
scheme is hereby provided for the purpose of encouraging LGUs, enterprises, or private
entities, including NGOs, to develop or undertake an effective solid waste management,
or actively participate in any program geared towards the promotion thereof as provided
for in this Act. (1) Fiscal Incentives – Consistent with the provisions of E.O. 226
otherwise known as the Omnibus Investments Code, the following tax incentives shall
be granted: (a) Tax and Duty Exemption on Imported Capital Equipment and Vehicles –
Within ten (10) years upon effectivity of this Act, LGUs, enterprises or private entities
shall enjoy tax and duty-free importation of machinery, equipment, vehicles and spare
parts used for collection of solid wastes; Provided, that the importation of such
machinery, equipment, vehicle and spare parts shall comply with the following
conditions: (i) They are not manufactured domestically in sufficient quantity, of
comparable quality and at reasonable prices; (ii) They are reasonably needed and will
be used actually, directly and exclusively for the above mentioned activities; (iii) The
approval of the Board of Investment (BOI) of the DTI for the importation of such
machinery, equipment, vehicle and spare parts: Provided, further, That the sale, transfer
or disposition of such machinery, equipment, vehicle and spare parts, without prior
approval of the BOI, within five (5) years from the date of acquisition shall be prohibited,
otherwise, the LGU concerned, enterprises or private entities and the vendee,
transferee or assignee shall be solidarily liable to pay twice the amount of tax and duty
exemption given it. (b) Tax Credit on Domestic Capital Equipment – Within ten (10)
years from the effectivity of this Act, a tax credit equivalent to 50% of the value of the
national internal revenue taxes and customs duties that would have been waived on the
machinery, equipment, vehicle and 36 spare parts, had these items been imported shall
be given to enterprises, private entities, including NGOs, subject to the same conditions
and prohibition cited in the preceding paragraph. (c) Tax and Duty Exemption of
Donations, Legacies and Gift – All legacies, gifts and donations to LGUs, enterprises or
private entities, including NGOs, for the support and maintenance of the program for
effective solid wastes management shall be exempt from all internal revenue taxes and
customs duties, and shall be deductible in full from the gross income of the donor for
income tax purposes. (2) Non-Fiscal Incentives – LGUS, enterprises or private entities
availing of tax incentives under this Act shall also be entitled to applicable non-fiscal
incentives provided for under E.O. 226, otherwise known as the Omnibus Investments
Code. The Commission shall provide incentives to

businesses and industries that are engaged in the recycling of wastes and which are
registered with the Commission and have been issued ECCs in accordance with the
guidelines established by the Commission. Such incentives shall include simplified
procedures for the importation of equipment, spare parts, new materials, and supplies,
and for the export of processed products. (3) Financial Assistance Program –
Government financial institutions such as the Development Bank of the Philippines
(DBP), Landbank of the Philippines (LBP), Government Service Insurance System
(GSIS), and such other government institutions providing financial services shall, in
accordance with and to the extent allowed by the enabling provisions of their respective
charters or applicable laws, accord high priority to extend financial services to
individuals, enterprises, or private entities engaged in solid waste management. (4)
Extension of Grants to LGUs. – Provinces, cities and municipalities whose solid waste
management plans have been duly approved by the Commission or who have been
commended by the Commission for adopting innovative solid waste management
programs may be entitled to received grants for the purpose of developing their
technical capacities toward actively participating in the program for effective and
sustainable solid waste management. (5) Incentives to Host LGUs. – Local government
units who host common waste management facilities shall be entitled to incentives.
CHAPTER V Financing Solid Waste Management Section 46. Solid Waste
Management Fund. – There is hereby created, as a special account in the National
Treasury, a Solid Waste Management Fund to be administered by the Commission.
Such fund shall be sourced from the following: 37 (a) Fines and penalties imposed,
proceeds of permits and licenses issued by the Department under this Act, donations,
endowments, grants and contributions from domestic and foreign sources; and (b)
Amounts specifically appropriated for the Fund under the annual General Appropriations
Act. The Fund shall be used to finance the following: (1) products, facilities,
technologies and processes to enhance proper solid waste management; (2) awards
and incentives; (3) research programs; (4) information, education, communication and
monitoring activities; (5) technical assistance; and (6) capability building activities. LGUs
are entitled to avail of the Fund on the basis of their approved solid waste management
plan. Specific criteria for the availment of the Fund shall be prepared by the
Commission. The fines collected under Sec. 49 shall be allocated to the LGU where the
fined prohibited acts are committed in order to finance the solid waste management of
said LGU. Such allocation shall be based on a sharing scheme between the Fund and
the LGU concerned. In no case, however, shall the Fund be used for the creation of
positions or payment of salaries and wages.
Section 47. Authority to Collect Solid Waste Management Fees. – The local
government unit shall impose fees in amounts sufficient to pay the costs of preparing,
adopting, and implementing a solid waste management plan prepared pursuant to this
Act. The fees shall be

based on the following minimum factors: (a) types of solid waste; (b) amount/volume of
waste; and (c) distance of the transfer station to the waste management facility. The
fees shall be used to pay the actual costs incurred by the LGU in collecting the local
fees. In determining the amounts of the fees, an LGU shall include only those costs
directly related to the adoption and implementation of the plan and the setting and
collection of the local fees.
CHAPTER VI Penal Provisions Section 48. Prohibited Acts. – The following
acts are prohibited: (1) Littering, throwing, dumping of waste matters in public places,
such as roads, sidewalks, canals, esteros or parks, and establishment, or causing or
permitting the same; (2) Undertaking activities or operating, collecting or transporting
equipment in violation of sanitation operation and other requirements or permits set
forth in or established pursuant to this Act; (3) The open burning of solid waste; (4)
Causing or permitting the collection of non-segregated or unsorted waste; (5) Squatting
in open dumps and landfills; (6) Open dumping, burying of biodegradable or non-
biodegradable materials in flood-prone areas; (7) Unauthorized removal of recyclable
material intended for collection by authorized persons; (8) The mixing of source-
separated recyclable material with other solid waste in any vehicle, box, container or
receptacle used in solid waste collection or disposal; (9) Establishment or operation of
open dumps as enjoined in this Act, or closure of said dumps in violation of Sec. 37;
(10) The manufacture, distribution or use of non-environmentally acceptable packaging
materials; (11) Importation of consumer products packaged in non-environmentally
acceptable materials; (12) Importation of toxic wastes misrepresented as “recyclable” or
“with recyclable content”; (13) Transport and dumping in bulk of collected domestic,
industrial, commercial and institutional wastes in areas other than centers of facilities
prescribed under this Act; (14) Site preparation, construction, expansion or operation of
waste management facilities without an Environmental Compliance Certificate required
pursuant to Presidential Decree No. 1586 and this Act and not conforming with the land
use plan of the LGU; 39 (15) The construction of any establishment within two hundred
(200) meters from open dumps or controlled dumps or sanitary landfills; and (16) The
construction or operation of landfills or any waste disposal facility on any aquifer,
groundwater reservoir or watershed area and or any portions thereof;
Section 49. Fines and Penalties – (a) Any person who violates Sec. 48,
paragraph (1) shall, upon conviction, be punished with a fine of not less than Three
hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or render
community service for not less than one (1) day to not more than fifteen (15) days to an
LGU where such prohibited acts are committed, or both; (b) Any person who violates
Sec. 48, pars. (2) and (3), shall, upon conviction, be punished with a fine of not less
than Three hundred pesos (P300.00) but not more than One thousand pesos
(P1,000.00) or imprisonment of not less than one (1) day to not more than fifteen (15)
days, or both; (b) Any person who violates Sec. 48 pars. (4), (5), (6), and (7) shall, upon
conviction, be punished with a fine of not less than One thousand pesos
(P1,000.00) but not more than Three thousand pesos (P3,000.00) or imprisonment of
not less than fifteen (15) days but not more than six (6) months, or both; (c) Any person
who violates Sec. 48 pars. (8), (9), (10) and (11) for the first time shall, upon conviction,
pay a fine of Five hundred thousand pesos (P500,000.00) plus an amount not less than
five percent (5%) but not more than ten percent (10%) of his net annual income during
the previous year. (d) The additional penalty of imprisonment of a minimum period of
one (1) year, but not to exceed three (3) years at the discretion of the court, shall be
imposed for second or subsequent violations of Sec. 48, paragraphs (9) and (10). (e)
Any person who violates Sec. 48, pars. (12) and (13), shall, upon conviction, be
punished with a fine of not less than Ten thousand pesos (P10,000.00) but not more
than Two hundred thousand pesos (P200,000.00) or imprisonment of not less than thirty
(30) days but not more than three(3) years, or both; (f) Any person who violates Sec.
48, pars. (14), (15) and (16) shall, upon conviction, be punished with a fine not less than
One hundred thousand pesos (P100,000.00) but not more than One million pesos
(P1,000,000.00), or imprisonment not less than one (1) year but not more than six (6)
years, or both. If the offense is committed by a corporation, partnership, or other
juridical entity duly organized in accordance with law, the chief executive officer,
president, general manager, managing partner or such other officer-in-charge shall be
liable for the commission of the offense penalized under this Act. 40 If the offender is an
alien, he shall, after service of the sentence prescribed above, be deported without
further administrative proceedings. The fines herein prescribed shall be increased by at
least ten percent (10%) every three (3) years to compensate for inflation and to maintain
the deterrent function of such fines.
Section 50. Administrative Sanctions. – Local government officials and officials
of government agencies concerned who fail to comply with and enforce rules and
regulations promulgated relative to this Act shall be charged administratively in
accordance with R.A. 7160 and other existing laws, rules and regulations.
CHAPTER VII Miscellaneous Provisions Section 51. Mandatory Public
Hearings. – Mandatory public hearings for the national framework and local government
solid waste management plans shall be undertaken by the Commission and the
respective Boards in accordance with the process to be formulated in the implementing
rules and regulations.
Section 52. Citizen Suits. – For purposes of enforcing the provisions of this Act
or its implementing rules and regulations, any citizen may file an appropriate civil,
criminal or administrative action in the proper courts/bodies against: (a) Any person who
violates or fails to comply with the provisions of this Act or its implementing rules and
regulations; or (b) The Department or other implementing agencies with respect to
orders, rules and regulations issued inconsistent with this Act; and/or (c) Any public
officer who willfully or grossly neglects the performance of an act specifically enjoined
as a duty by this Act or its implementing rules and regulations; or abuse his authority in
the performance of his duty; or, in any manner,

improperly performs his duties under this Act or its implementing rules and regulations:
Provided, however, That no suit can be filed until after thirty-day (30) notice has been
given to the public officer and the alleged violator concerned and no appropriate action
has been taken thereon. The Court shall exempt such action from the payment of filing
fees and shall, likewise, upon prima facie showing of the non-enforcement or violation
complained of, exempt the plaintiff from the filing of an injunction bond for the issuance
of a preliminary injunction. In the event that the citizen should prevail, the Court shall
award reasonable attorney’s fees, moral damages and litigation costs as appropriate.
Section 53. Suits and Strategic Legal Action Against Public Participation
(SLAPP) and the Enforcement of this Act. – Where a suit is brought against a person
who filed an action as provided in Sec. 52 of this Act, or against any person, institution
or government agency that implements this Act, it shall be the duty of the investigating
41 prosecutor or the Court, as the case may be, to immediately make a determination
not exceeding thirty (30) days whether said legal action has been filed to harass, vex,
exert undue pressure or stifle such legal recourses of the person complaining of or
enforcing the provisions of this Act. Upon determination thereof, evidence warranting
the same, the Court shall dismiss the case and award attorney’s fees and double
damages. This provision shall also apply and benefit public officers who are sued for
acts committed in their official capacity, there being no grave abuse of authority, and
done in the course of enforcing this Act.
Section 54. Research on Solid Waste Management. – The Department, after
consultations with the cooperating agencies, shall encourage, cooperate with and
render financial and other assistance to appropriate government agencies and private
agencies, institutions and individuals in the conduct and promotion of researches,
experiments, and other studies on solid waste management; particularly those relating
to: (a) adverse health effects of the release into the environment of materials present in
solid wastes, and methods to eliminate said effects; (b) the operation and financing of
solid waste disposal programs; (c) the planning, implementation and operation of
resource recovery and resource conservation systems; (d) the production of usable
forms of recovered resources, including fuel from solid waste; (e) the development and
application of new and improved methods of collecting and disposing of solid waste and
processing and recovering materials and energy from solid waste; (f) improvements in
land disposal practices for solid waste (including sludge); and (g) development of new
uses of recovered resources and identification of existing or potential markets of
recovered resources. In carrying out solid waste researches and studies, the Secretary
of the Department or the authorized representative may make grants or enter into
contracts with government agencies, non-government organizations and private
persons.
Section 55. Public Education and Information - The Commission shall, in
coordination with DECS, TESDA, CHED, DILG and PIA, conduct a continuing education
and information

campaign on solid waste management. Such education and information program shall:
(a) Aim to develop public awareness of the ill-effects of and the community based
solutions to the solid waste problem; (b) Concentrate on activities which are feasible
and which will have the greatest impact on the solid waste problem of the country, like
resource conservation 42 and recovery, recycling, segregation at source, re-use,
reduction and composting of solid waste; and (c) Encourage the general public,
accredited NGOs and people's organizations to publicly endorse and patronize
environmentally acceptable products and packaging materials.
Section 56. Environmental Education in the Formal and Non-formal Sectors. -
The national government, through the DECS and in coordination with concerned
government agencies, NGOs and private institutions, shall strengthen the integration of
environmental concerns in school curricula at all levels, with particular emphasis on the
theory and practice of waste management principles like waste minimization,
specifically resource conservation and recovery, segregation at source, reduction,
recycling, re-use and composting, in order to promote environmental awareness and
action among the citizenry.
Section 57. Business and Industry Role. - The Commission shall encourage
commercial and industrial establishments, through appropriate incentives other than tax
incentives, to initiate, participate and invest in integrated ecological solid waste
management projects, to manufacture environment-friendly products, to introduce,
develop and adopt innovative processes that shall recycle and re-use materials,
conserve raw materials and energy, reduce waste, and prevent pollution, and to
undertake community activities to promote and propagate effective solid waste
management practices.
Section 58. Appropriations. - For the initial operating expenses of the
Commission and the National Ecology Center as well as the expenses of the local
government units to carry out the mandate of this Act, the amount of Twenty million
pesos (P20,000,000.00) is hereby appropriated from the Organizational Adjustment
Fund on the year this Act is approved. Thereafter, it shall submit to the Department of
Budget and Management its proposed budget for inclusion in the General
Appropriations Act.
Section 59. Implementing Rules and Regulations (IRR). - The Department, in
coordination with the Committees on Environment and Ecology of the Senate and
House of Representatives, respectively, the representatives of the Leagues of
Provinces, Cities, Municipalities and Barangay Councils, the MMDA and other
concerned agencies, shall promulgate the implementing rules and regulations of this
Act, within one (1) year after its enactment: Provided, That rules and regulations issued
by other government agencies and instrumentalities for the prevention and/or
abatement of the solid waste management problem not inconsistent with this Act shall
supplement the rules and regulations issued by the Department, pursuant to the
provisions of this Act. The draft of the IRR shall be published and be the subject of
public consultations with affected sectors. It shall be submitted to the

Committees on Environment and Ecology of the Senate and House of Representatives,

respectively, for review before approval by the Secretary.
Section 60. Joint Congressional Oversight Committee. - There is hereby created
a Joint Congressional Oversight Committee to monitor the implementation of the Act
and to oversee the function of the Commission. The Committee shall be composed 43
of five (5) Senators and five (5) Representatives to be appointed by the Senate
President and the Speaker of the House of Representatives, respectively. The
Oversight Committee shall be co-chaired by a Senator and a Representative designated
by the Senate President and the Speaker of the House of Representatives, respectively.
Section 61. Abolition of the Presidential Task Force on Waste Management and
the Project Management Office on Solid Waste Management. - The Presidential Task
Force on Waste Management which was created by virtue of Memorandum Circular No.
39 dated November 2, 1987, as amended by Memorandum Circular No. 39A and 88 is
hereby abolished. Further, pursuant to Administrative Order No. 90 dated October 19,
1992, the Project Management Office on Solid Waste Management is likewise hereby
abolished. Consequently, their powers and functions shall be absorbed by the
Commission pursuant to the provisions of this Act.
Section 62. Transitory Provision. - Pending the establishment of the framework
under Sec. 15 hereof, plans under Sec. 16 and promulgation of the IRR under Sec. 59
of this Act, existing laws, regulations, programs and projects on solid waste
management shall be enforced: Provided, That for specific undertaking, the same may
be revised in the interim in accordance with the intentions of this Act.
Section 63. Report to Congress. - The Commission shall report to Congress, not
later then March 30 of every year following the approval of this Act, giving a detailed
account of its accomplishment and progress on solid waste management during the
year and make the necessary recommendations in areas where there is need for
legislative action.
Section 64. Separability Clause. - If any provision of this Act or the application of
such provision to any person or circumstances is declared unconstitutional, the
remainder of the Act or the application of such provision to other persons or
circumstances shall not be affected by such declaration.
Section 65. Repealing Clause. - All laws, decrees, issuances, rules and
regulations, or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
Section 66. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.
Approved, (Sgd.) AQUILINO Q. PIMENTEL, JR. (Sgd.) ARNULFO P.
FUENTEBELLA President of the Senate Speaker of the House of Representatives 44

This Act which is a consolidation of House Bill No. 10651 and Senate Bill No.
1595 was finally passed by the House of Representatives and the Senate on December
20, 2000 and December 12, 2000, respectively. (Sgd.) LUTGARDO B. BARBO (Sgd.)
ROBERTO P. NAZARENO Secretary of the Senate Secretary General House of
Representatives Approved: January 26, 2001 (Sgd) GLORIA MACAPAGAL-ARROYO
President of the Philippines