Republic Act No. 9003: Ecological Solid Waste Management Act of 2000

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Republic Act No.

9003: 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 THEREFOR, AND FOR OTHER PURPOSES.

 Passed by the Congress and Senate on 2000 and signed by the President on January 26,
2001.

CHAPTER I: BASIC POLICIES


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.

 Encourage cooperation and self-regulation among waste generators through the


application of market-based instruments
 Encourage greater private sector participation in solid waste management
 Ensure the proper segregation, collection, transport, storage, treatment, and disposal of
solid waste through the formulation and adoption of the best environmental practice in
ecological waste management excluding incineration
 Ensure the protection of the public health and environment

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 Commissioner shall be
composed of fourteen (14) members from the government sector and three members from the
private sector.

Government Sector Private Sector


 Department of Environment and Natural  A representative from non-government
Resources (DENR) organizations (NGOs)
 Department of the Interior and Local
Government (DILG)  A representative from the recycling
 Department of Science and Technology industry
(DOST)
 Department of Public Works and
Highways (DPWH)  A representative from the manufacturing
 Department of Health (DOH) or packaging industry
 Department of Trade and Industry (DTI)
 Department of Agriculture (DA)
 Metro Manila Development Authority
(MMDA)
 League of provincial governors
 League of city mayors
 League of municipal mayors
 Association of barangay councils
 Technical Education and Skills
Development Authority (TESDA)
 Philippine Information Agency.

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, it shall perform the following functions:
a. Facilitate training and education in integrated ecological solid waste management.
b. Promote the development of a recycling market through the establishment of a national
recycling network that will enhance the opportunity to recycle.
c. Provide or facilitate expert assistance in pilot modeling of solid waste management
facilities

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.

CHAPTER III: COMPREHENSIVE SOLID WASTE MANAGEMENT


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 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.
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

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 wastes, be
allowed after the effectivity of this Acts:

 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
Sec. 41 of this Act:
 Provided, further, that no controlled dumps shall be allowed five (5) years following the
effectivity of this Act.

CHAPTER IV: INCENTIVES


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. Said rewards 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.

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:
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
b. Amounts specifically appropriated for the Fund under the annual General Appropriations
Act

CHAPTER VI: PENAL PROVISIONS


Section 48: Prohibited Acts Section 49: Fines and Penalties
1) Littering, throwing, dumping of waste
matters in public places, such as roads,
sidewalks, canals, esteros or parks, and Php 300.00 - Php 1,000.00 / Community
establishment, or causing or permitting service for 1-15 days
the same
2) Undertaking activities or operating,
collecting, or transporting equipment in
violation of sanitation operation and other
requirements or permits set forth in Php 300.00 - Php 1,000.00 / Imprisonment of
established pursuant 1-15 days

3) The open burning of solid waste


4) Causing or permitting the collection of
non-segregated or unsorted wastes

5) Squatting in open dumps and landfills

6) Open dumping, burying of biodegradable Php 1,000.00 – Php 3,000.00 / Imprisonment


or non-biodegradable materials in flood of 15 days-6 months
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 Php 500,000.00 plus 5-10% of net annual
dumps as enjoined in this Act, or closure income
of said dumps in violation of Sec. 37 Additional for Paragraphs 9 & 10:
10) The manufacture, distribution or use of Imprisonment of 1-3 years
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 dumplog in bulk of Php 10,000.00 – Php 200,000.00 /


collected domestic, industrial, Imprisonment of 30 days-3 years
commercial, and institutional wastes in
areas other than centers or facilities
prescribe 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

15) The construction of any establishment Php 100,000.00 – Php 1,000,000.00 /


within two hundred (200) meters from Imprisonment of 1-6 years
open dumps or controlled dumps, or
sanitary landfill

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.

CHAPTER VII: MISCELLANEOUS PROVISIONS


Section 51: Mandatory Public Hearings
-Mandatory public hearings for national framework and local government solid waste
management plans shall be undertaken by the Commission and the respective Boards in
accordance with process to be formulated in the implementing rules and regulations.

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:

 Aim to develop public awareness of the ill-effects of and the community-based solutions
to the solid waste problem
 Concentrate on activities which are feasible, and which will have the greatest impact on
the solid waste problem of the country, like resource conservation and recovery,
recycling, segregation at source, re-use, reduction, and composing of solid waste
 Encourage the general public, accredited NGOs and people’s organizations to publicity
endorse and patronize environmentally acceptable products and packaging materials.

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.

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