The Ecological Solid Waste Management Act of 2000
The Ecological Solid Waste Management Act of 2000
The Ecological Solid Waste Management Act of 2000
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 therefore, and for other purposes.
Was passed by the Congress and Senate on 2000 and signed by the President on January 26, 2001.
Basic Policies
Section 2. Role of the State
Protection of public health and environment
Utilization, conservation and recovery of valuable resources
Waste avoidance and volume reduction at source
Adoption of environmental management practices
Conduct of national research & development on improved solid waste management and resource
conservation techniques
Encouragement of private and public sector participation in solid waste management
Enforcement and responsibility for solid waste management with LGUs, NGOs and the private sector
Integration of ecological waste management into the academic curricula to promote environmental
protection awareness.
Institutional Mechanism
Section 4. National Solid Waste Management Commission
COMPREHENSIVE SOLID WASTE MANAGEMENT
Section 14. National Solid Waste Management Status Report.
-- The Department, in coordination with the DOH and other concerned agencies, shall within 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.
What is Solid Waste? (Section 3)
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.
Except:
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;
infectious waste from hospitals
waste resulting from mining activities, including contaminated soil and debris
Composition
Background
There is hereby established a National Solid Waste Management Commission, hereinafter referred to as
the Commission, under the Office of the President. The Commissioner shall be composed of fourteen
(14) members from the government sector and three (3) members from the private sector.
Government Sector
Dept. of Environment and Natural Resources
Dept. of Interior and Local Government
Dept. of Science and Technology
Dept. of Public Works and Highways
Dept. of Health
Dept. of Trade and Industry
Dept. of Agriculture
Metro Manila Development Authority
League of provincial governors
League of city mayors
League of municipal mayors
Association of barangay councils;
Technical Education and Skills Development Authority
Philippine Information Agency
Private Sector
A representative from non government organizations (NGOs) whose principal purpose is to promote
recycling and the protection of air and water quality
A representative from the recycling industry
A representative from the manufacturing or packaging industry
Section 7. 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.
A Provincial Solid Waste Management Board shall be established in every province, to be chaired by the
governor.
PSWM Board
Provincial Engineer
Congressional Representatives
NGO Representatives
Recycling Industry Rep.
Manufacturing
Industry
Rep.
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 province, city or municipality, through its local solid waste management boards, shall prepare its
respective 10-year solid waste management plans consistent with the 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
Section 17. The Components of the Local Government Solid Waste
Management 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, 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 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.
Section 45. Incentives
(a) Rewards, monetary or otherwise, shall be provided to individuals, private organizations and entitles,
including non-government organizations, that have undertaken outstanding and innovative projects,
technologies, processes and techniques or activities in re-use, recycling and reduction.
(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.
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.
RULE IV. Section 3. Selection Process and Tenure of Office for the Private Sector Representatives
1. Develop the city/municipal SWM plan that shall ensure the long-term management of solid waste as
well as integrate the SWM plans and strategies of the barangays;
2. Adopt specific revenue-generating measures to promote the
viability of its SWM plan;
3. Develop the specific mechanics and guidelines for the implementation of the city/municipal SWM
plan;
4. Oversee the implementation of the city/municipal SWM plan;
5. Monitor the implementation of the city/municipal SWM plan
through its various political subdivisions and in cooperation with the private sector and the NGOs;
6. Coordinate the efforts of its component barangays in the
implementation of the city/municipal SWM plan;
7. Recommend to appropriate local government authorities specific measures/proposals for franchise or
build-operate transfer
agreements with duly recognized institutions, pursuant to RA 6957, to provide either exclusive or
nonexclusive authority for the collection, transfer, storage, processing, recycling or disposal of solid
waste;
8. Review every two years or as needed the city/municipal SWM
plan to ensure its sustainability, viability, effectiveness and
relevance in relation to local and international developments
in the field of SWM.
The Board shall:
1. Adopt measures to promote and ensure the viability and effective implementation of SWM programs
in its component
barangays;
2. Convene regular meetings for purposes of planning and
coordinating the implementation of the SWM plans of the
respective component barangays;
3. Provide the necessary logistical/operational support to its
component barangays in consonance with the Local
Government Code;
4. Assist barangays in their SWM activities, where the barangay cannot financially or adequately manage
all waste
segregation, sorting, recovery, recycling and composting
conducted at the materials recovery facility; and
5. Ensure LGU assistance to the barangay either financially,
technically or in any other manner deemed necessary to
achieve RA 9003’s waste diversion goal (see Solid Waste
Diversion Component, Page 26, for related information).
Rule IV. Section 6. Creation of a Barangay Solid Waste Management Committee
(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:
(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.
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
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, agricultural areas as well as dump sites, landfills and other solid waste facilities. The
illustration shall also indicate 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, including an
inventory of existing equipment used for collection and the number of people involved in SWM to be
able to calculate the budget required to implement the plan.
“Waste Analysis and Characterization Study (WACS)”, or
“Waste Characterization”
as referred to in the IRR of RA 9003, is a methodology used to identify the constituent materials which
comprise the municipal solid waste stream within the LGU’s jurisdiction.
WACS information also includes waste generation rates (weight per capita, or per establishment, per
day), sources of waste (residential, commercial, industrial, institutional, etc.), 10-year waste projection
data (waste generation, diversion and net residual wastes), and other information crucial in formulating
realistic local SWM plans and programs.
Different initiatives are now being practiced by various sectors
1. Green Procurement
Policy established by virtue of Executive Order No. 301 issued in 2004
refers to patronizing goods and services that have less environmental impact, aside from considering
their price and quality. The project is also seen to form part of government’s long-term solutions in
adopting and mitigating the destructive effects of climate change.
2. Private Sector (UNILEVER)
- PROJECT ELIMINATE
Reduce / Avoid – Through Total Productive Maintenance (TPM), they improved their process and
reduced their waste by 80%. Furthermore, as plastic is made from oil, they developed a process to use
the residual packaging waste as a co-fuel for cement manufacture.
Reuse– Sort all recyclable which cannot be avoided and develop processes to treat the waste that
cannot be recycled.
Recycle- A lot of our landfill can be recycled directly. Teams were put in place to improve sorting in the
production lines. Now, they sell carton and plastic to recyclers and as a result, their garbage was
reduced by 50%. (Source: e-copy file of Uniliver Philippines)
“Source Reduction” -
refers 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;
Storage
Urban
Commercial
Rural
LGU
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:
(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.
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.
Mandated by law, collection refers to the act of removing solid
waste from the source or from a communal storage point.
Collection
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.
“Transfer stations” shall refer to those facilities utilized to receive solid wastes, temporarily store,
separate, convert, or otherwise process the materials in the 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:
a) a facility whose principal function is to receive, store, separate, convert, or otherwise process in
accordance with national minimum standards;
b) 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
c) 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.
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 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.
(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.
Materials Recovery Facility (MRF)
Materials Recovery Facility (MRF) includes a solid waste transfer station or sorting station, drop-off
center, a composting facility and a recycling facility.
The law requires the establishment of an MRF in every barangay or cluster of barangays. (Section 32)
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.