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ENVIRONMENTAL LAW – FINALS critical habitats, all aquatic resources including but not
limited to all fishes, aquatic plants, invertebrates and all
REPUBLIC ACT NO. 9147 - Wildlife Resources
marine mammals, except dugong. The secretaries of
Conservation and Protection Act
the DENR and the DA shall review, and by joint
AN ACT PROVIDING FOR THE CONSERVATION AND administrative order, revise and regularly update the
PROTECTION OF WILDLIFE RESOURCES AND THEIR list of species under their respective jurisdiction. In the
HABITATS, APPROPRIATINGFUNDS THEREFOR AND Province of Palawan, jurisdiction herein conferred is
FOR OTHER PURPOSES vested to the Palawan Council for Sustainable
Development pursuant to Republic Act No. 7611.
APPROVED: July 30, 2001
CHAPTER II
CHAPTER I DEFINITION OF TERMS
GENERAL PROVISIONS
Section 5. Definition of Terms. As used in the Act, the
Section 1. Title. This act shall be known as the "Wildlife term:
Resources Conservation and Protection Act."
(a) "Bioprospecting" means the research, collection and
Section 2. Declaration of Policy. It shall be the policy of utilization of biological and genetic resources for
the State to conserve the country's wildlife resources purposes of applying the knowledge derived there from
and their habitats for sustainability. In the pursuit of this solely for commercial purposes;
policy, this Act shall have the following objectives:
(b) "By-product or derivatives" means any part taken or
(a) to conserve and protect wildlife species and their substance extracted from wildlife, in raw or in
habitats to promote ecological balance and enhance processed form. This includes stuffed animals and
biological diversity; herbarium specimens;
(b) to regulate the collection and trade of wildlife; (c) "Captive-breeding/culture or propagation" means
(c) to pursue, with due regard to the national interest, the process of producing individuals under controlled
the Philippine commitment to international conditions or with human interventions;
conventions, protection of wildlife and their habitats; (d) "Collection or collecting" means the act of gathering
and or harvesting wildlife, its by-products or derivatives;
(d) to initiate or support scientific studies on the (e) "Conservation" means preservation and sustainable
conservation of biological diversity. utilization of wildlife, and/or maintenance, restoration
Section 3. Scope of Application. The provisions of this and enhancement of the habitat;
Act shall be enforceable for all wildlife species found in (f) "Critically endangered species" refers to a species or
all areas of the country, including protected areas under subspecies that is facing extremely high risk of
Republic Act No. 7586, otherwise known as the National extinction in the wild in the immediate future;
Integrated Protected Areas System (NIPAS) Act, and
critical habitats. This Act shall also apply to exotic (g) "Economically important species" means species or
species which are subject to trade, are cultured, subspecies which have actual or potential value in trade
maintained and/or bred in captivity or propagated in or utilization for commercial purpose;
the country.
(h) "Endangered species" refers to species or
Section 4. Jurisdiction of the Department of subspecies that is not critically endangered but whose
Environment and Natural Resources and the survival in the wild is unlikely if the causal factors
Department of Agriculture. The Department of continue operating;
Environment and Natural Resources (DENR) shall have
(i) "Endemic species" Means species or subspecies
jurisdiction over all terrestrial plant and animal species,
which is naturally occurring and found only within
all turtles and tortoises and wetland species, including
specific areas in the country;
but not limited to crocodiles, waterbirds and all
amphibians and dugong. The Department of Agriculture (j) "Exotic species" means species or subspecies which
(DA) shall have jurisdiction over all declared aquatic do not naturally occur in the country;
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(k) "Export permit" refers to a permit authorizing an range and is likely to move to the endangered category
individual to bring out wildlife from the Philippines to in the near future;
any other country;
(x) "Wildlife" means wild forms and varieties of flora and
(l) "Gratuitous permit" means permit issued to any fauna, in all developmental stages, including those
individual or entity engaged in noncommercial which are in captivity or are being bred or propagated;
scientific, or educational undertaking to collect wildlife;
(y) "Wildlife collector's permit" means a permit to take
(m) "Habitat" means place or environment where or collect from the wild certain species and quantities
species or subspecies naturally occur or has naturally of wildlife for commercial purposes; and
established its population;
(z) "Wildlife farm/culture permit" means a permit to
(n) "Import permit" refers to a permit authorizing an develop, operate and maintain a wildlife breeding farm
individual to bring in wildlife from another country; for conservation, trade and/or scientific purposes.

(o) "Indigenous wildlife" means species or subspecies of CHAPTER III

wildlife naturally occurring or has naturally established CONSERVATION AND PROTECTION OF WILDLIFE
population in the country; RESOURCES

(p) "Introduction" means bringing species into the wild ARTICLE ONE
that is outside its natural habitat; General Provision

(q) "Reexport permit" refers to a permit authorizing an Section 6. Wildlife Information. All activities, as
individual to bring out of the country a previous subsequently manifested under this Chapter, shall be
imported wildlife; authorized by the Secretary upon proper evaluation of
best available information or scientific data showing
(r) "Secretary" means either or both the Secretary of the
that the activity is, or for a purpose, not detrimental to
Department of Environment and Natural Resources and
the survival of the species or subspecies involved and/or
the Secretary of the Department of Agriculture;
their habitat. For this purpose, the Secretary shall
(s) "Threatened species" a general term to denote regularly update wildlife information through research.
species or subspecies considered as critically
Section 7. Collection of Wildlife. Collection of wildlife
endangered, endangered, vulnerable or other accepted
may be allowed in accordance with Section 6 of this
categories of wildlife whose population is at risk of
Act: Provided, That in the collection of wildlife,
extinction;
appropriate and acceptable wildlife collection
(t) "Trade" means the act of engaging in the exchange, techniques with least or no detrimental effects to the
exportation or importation, purchase or sale of wildlife, existing wildlife populations and their habitats shall,
their derivatives or by-products, locally or likewise, be required: Provided, further, That collection
internationally; of wildlife by indigenous people may be allowed for
traditional use and not primarily for trade: Provided,
(u) "Traditional use" means utilization of wildlife by furthermore, That collection and utilization for said
indigenous people in accordance with written or purpose shall not cover threatened species: Provided,
unwritten rules, usage, customs and practices finally, That Section 23 of this Act shall govern the
traditionally observed, accepted and recognized by collection of threatened species.
them;
Section 8. Possession of Wildlife. - No person or entity
(v) "Transport permit" means a permit issued shall be allowed possession of wildlife unless such
authorizing an individual to bring wildlife from one person or entity can prove financial and technical
place to another within the territorial jurisdiction of the capability and facility to maintain said wildlife: Provided,
Philippines;
That the source was not obtained in violation of this Act.
(w) "Vulnerable species" refers to species or subspecies
that is not critically endangered nor endangered but is Section 9. Collection and/or Possession of By-Products
under threat from adverse factors throughout their and Derivatives. By-products and derivatives may be
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collected and/or possessed: Provided, That the source granting the necessary permit, shall require that prior
was not obtained in violation of this Act. informed consent be obtained by the applicant from the
concerned indigenous cultural communities, local
Section 10. Local Transport of Wildlife, By-Products and
communities, management board under Republic Act
Derivatives. - Local transport of wildlife, by-products
No. 7586 or private individual or entity. The applicant
and derivatives collected or possessed through any
shall disclose fully the intent and scope of the
other means shall be authorized unless the same is
bioprospecting activity in a language and process
prejudicial to the wildlife and public health.
understandable to the community. The prior informed
Section 11. Exportation and/or Importation of Wildlife. consent from the indigenous peoples shall be obtained
Wildlife species may be exported to or imported from in accordance with existing laws. The action on the
another country as may be authorized by the Secretary bioprospecting proposal by concerned bodies shall be
or the designated representative, subject to strict made within a reasonable period.
compliance with the provisions of this Act and rules and
Upon submission of the complete requirements, the
regulations promulgated pursuant thereto: Provided,
Secretary shall act on the research proposal within a
That the recipient of the wildlife is technically and
reasonable period.
financially capable to maintain it.
If the applicant is a foreign entity or individual, a local
Section 12. Introduction, Reintroduction or Restocking
institution should be actively involved in the research,
of Endemic or Indigenous Wildlife. - The introduction,
collection and, whenever applicable and appropriate in
reintroduction or restocking of endemic and indigenous
the technological development of the products derived
wildlife shall be allowed only for population
from the biological and genetic resources.
enhancement of recovery purposes subject to prior
clearance from the Secretary of the authorized Section 15. Scientific Researches on Wildlife. Collection
representative pursuant to Section 6 of this Act. Any and utilization of biological resources for scientific
proposed introduction shall be subject to a scientific research and not for commercial purposes shall be
study which shall focus on the bioecology. The allowed upon execution of an undertaking/agreement
proponent shall also conduct public consultations with with and issuance of a gratuitous permit by the
concerned individuals or entities. Secretary or the authorized representative: Provided,
That prior clearance from concerned bodies shall be
Section 13. Introduction of Exotic Wildlife. - No exotic
secured before the issuance of the gratuitous
species shall be introduced into the country, unless a
permit: Provided, further, That the last paragraph of
clearance from the Secretary or the authorized
Section 14 shall likewise apply.
representative is first obtained. In no case shall exotic
species be introduced into protected areas covered by Section 16. Biosafety - All activities dealing on genetic
Republic Act No. 7586 and to critical habitats under engineering and pathogenic organisms in the
Section 25 hereof. Philippines, as well as activities requiring the
importation, introduction, field release and breeding of
In cases where introduction is allowed, it shall be
organisms that are potentially harmful to man and the
subject to environmental impact study which shall focus
environment shall be reviewed in accordance with the
on the bioecology, socioeconomic and related aspects
biosafety guidelines ensuring public welfare and the
of the area where the species will be introduced. The
protection and conservation of wildlife and their
proponent shall also be required to secure the prior
habitats.
informed consent from the local stakeholders.
Section 17. Commercial Breeding or Propagation of
Section 14. Bioprospecting. - Bioprospecting shall be
Wildlife Resources. - Breeding or propagation of wildlife
allowed upon execution of an undertaking by any
for commercial purposes shall be allowed by the
proponent, stipulating therein its compliance with and
Secretary or the authorized representative pursuant to
commitment(s) to reasonable terms and conditions
Section 6 through the issuance of wildlife farm culture
that may be imposed by the Secretary which are
permit: Provided, That only progenies of wildlife raised,
necessary to protect biological diversity.
as well as unproductive parent stock shall be utilized for
The Secretary or the authorized representative, in trade: Provided, further: That commercial breeding
consultation with the concerned agencies, before
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operations for wildlife, whenever appropriate, shall be Section 20. Authority of the Secretary to Issue Permits.
subject to an environmental impact study. - The Secretary or the duly authorized representative, in
order to effectively implement this Act, shall issue
Section 18. Economically Important Species. The
permits/certifications/clearances with corresponding
Secretary, within one (1) year after the effectivity of this
period of validity, whenever appropriate, which shall
Act, shall establish a list of economically-important
include but not limited to the following:
species. A population assessment of such species shall
be conducted within a reasonable period and shall be (1) Wildlife farm or culture permit 3 to 5 years;
regularly reviewed and updated by the Secretary.

The Collection of certain species shall only be allowed (2) Wildlife collector's permit 1 to 3 years;
when the results of the assessment show that, despite
certain extent of collection, the population of such (3) Gratuitous permit 1 year;
species can still remain viable and capable of recovering
its numbers. For this purpose, the Secretary shall (4) Local transport permit 1 to 3 months; an
establish a schedule and volume of allowable harvests.

Whenever an economically important species become (5) Export/Import/Reexport permit 1 to 6 months.

threatened, any form of collection shall be prohibited
These permits may be renewed subject to the
except for scientific, educational or
guidelines issued by the appropriate agency and upon
breeding/propagation purposes, pursuant to the
consultation with concerned groups.
provisions of this Act.
Section 21. Fees and Charges. - Reasonable fees and
Section 19. Designation of Management and Scientific
charges as may be determined upon consultation with
Authorities for International Trade in Endangered
the concerned groups, and in the amount fixed by the
Species of Wild Fauna and Flora. For the
Secretary shall be imposed for the issuances of permits
implementation of International agreement on
enumerated in the preceding section.
international trade in endangered species of wild fauna
and fora, the management authorities for terrestrial For the export of wildlife species, an export permit fee
and aquatic resources shall be the Protected Areas and of not greater than three percentum (3%) of the export
Wildlife Bureau (PAWB) of the DENR and the Bureau of value, excluding transport costs, shall be
Fisheries and Aquatic Resources (BFAR) of the DA, charged: Provided, however, That in the determination
respectively and that in the Province of Palawan the of aforesaid fee, the production costs shall be given due
implementation hereof is vested to the Palawan Council consideration. Cutflowers, leaves and the like,
for Sustainable Development pursuant to Republic Act produced from farms shall be exempted from the said
No. 7611. export fee: Provided, further, That fees and charges
shall be reviewed by the Secretary every two (2) years
To provide advice to the management authorities, there
or as the need arises and revise the same accordingly,
shall be designated scientific authorities for terrestrial
subject to consultation with concerned sectors.
and aquatic/marine species. For the terrestrial species,
the scientific authorities shall be the Ecosystems ARTICLE TWO
Research and Development Bureau (ERDB) of the DENR, Protection of Threatened Species
the U.P. Institute of Biological Sciences and the National
Museum and other agencies as may be designated by Section 22. Determination of Threatened Species. - The
the Secretary. For the marine and aquatic species, the Secretary shall determine whether any wildlife species
scientific authorities shall be the BFAR, the U.P. Marine or subspecies is threatened, and classify the same as
Science Institute, U.P. Visayas, Siliman University and critically endangered, endangered, vulnerable or other
the National Museum and other agencies as may be accepted categories based on the best scientific data
designated by the Secretary: Provided, That in the case and with due regard to internationally accepted criteria,
of terrestrial species, the ERDB shall chair the scientific including but not limited to the following:
authorities, and in the case of marine and aquatic (a) present or threatened destruction, modification or
species, the U.P. Marine Science Institute shall chair the curtailment of its habitat or range;
scientific authorities.
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(b) over-utilization for commercial, recreational, (a) Proven effective breeding and captive management
scientific or educational purposes; techniques of the species; and

(c) inadequacy of existing regulatory mechanisms; and (b) Commitment to undertake commercial breeding in
accordance with Section 17 of this Act, simultaneous
(d) other natural or man-made factors affecting the
with conservation breeding.
existence of wildlife.
The Secretary shall prepare a list of threatened species
The Secretary shall review, revise and publish the list of
for commercial breeding and shall regularly revise or
categorized threatened wildlife within one (1) year after
update such list or as the need arises.
effectivity of this Act. Thereafter, the list shall be
updated regularly or as the need arises: Provided, That Section 25. Establishment of Critical Habitats. - Within
a species listed as threatened shall not be removed two (2) years following the effectivity of this Act, The
there from within three (3) years following its initial Secretary shall designate critical habitats outside
listing. protected areas under Republic Act No. 7586, where
threatened species are found. Such designation shall be
Upon filing of a petition based on substantial scientific
made on the basis of the best scientific data taking into
information of any person seeking for the addition or
consideration species endemicity and/or richness,
deletion of a species from the list, the Secretary shall
presence of man-made pressures/threats to the
evaluate in accordance with the relevant factors stated
survival of wildlife living in the area, among others.
in the first paragraph of this section, the status of the
species concerned and act on said petition within a All designated, critical habitats shall be protected, in
reasonable period. coordination with the local government units and other
concerned groups, from any form of exploitation or
The Secretary shall also prepare and publish a list of
destruction which may be detrimental to the survival of
wildlife which resembles so closely in appearance with
the threatened species dependent therein. For such
listed threatened wildlife, which species shall likewise
purpose, the Secretary may acquire, by purchase,
be categorized as threatened.
donation or expropriation, lands, or interests therein,
Section 23. Collection of Threatened Wildlife, By- including the acquisition of usufruct, establishment of
products and Derivatives The collection of threatened easements or other undertakings appropriate in
wildlife, as determined and listed pursuant to this Act, protecting the critical habitat.
including its by-products and derivatives, shall be
ARTICLE THREE
allowed only for scientific, or breeding or propagation
Registration of Threatened and Exotic Species
purposes in accordance with Section 6 of this
Act: Provided, That only the accredited individuals, Section 26. Registration of Threatened and Exotic
business, research, educational or scientific entities Wildlife in the Possession of Private Persons. - No
shall be allowed to collect for conservation breeding or person or entity shall be allowed possession of wildlife
propagation purposes. unless such person or entity can prove financial and
technical capability and facility to maintain said wildlife.
Section 24. Conservation Breeding or Propagation of
Twelve (12) months after the effectivity of this Act, the
Threatened Species Conservation breeding or
Secretary shall set a period, within which
propagation of threatened species shall be encouraged
persons/entities shall register all threatened species
in order to enhance its population in its natural habitat.
collected and exotic species imported prior to the
It shall be done simultaneously with the rehabilitation
effectivity of this Act. However, when the threatened
and/or protection of the habitat where the captive-bred
species is needed for breeding/propagation or research
or propagated species shall be released, reintroduced
purposes, the State may acquire the wildlife through a
or restocked.
mutually acceptable arrangement.
Commercial breeding or propagation of threatened
After the period set has elapsed, threatened wildlife
species may be allowed provided that the following
possessed without certificate of registration shall be
minimum requirements are met by the applicant, to
confiscated in favor of the government, subject to the
wit:
penalties herein provided.
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All Philippine wildlife which are not listed as threatened (f) collecting, hunting or possessing wildlife, their by-
prior to the effectivity of this Act but which may later products and derivatives;
become so, shall likewise be registered during the
(g) gathering or destroying of active nests, nest trees,
period set after the publication of the updated list of
host plants and the like;
threatened species.
(h) maltreating and/or inflicting other injuries not
CHAPTER IV
covered by the preceding paragraph; and
ILLEGAL ACTS
(i) transporting of wildlife.
Section 27. Illegal Acts. - Unless otherwise allowed in
accordance with this Act, it shall be unlawful for any CHAPTER V
person to willfully and knowingly exploit wildlife FINES AND PENALTIES
resources and their habitats, or undertake the following
acts; Section 28. Penalties for Violations of this Act. For any
person who undertakes illegal acts under paragraph (a)
(a) killing and destroying wildlife species, except in the of the immediately preceding section to any species as
following instances; may be categorized pursuant to this Act, the following
penalties and/or fines shall be imposed;
(i) when it is done as part of the religious rituals of
established tribal groups or indigenous cultural (a) imprisonment of a minimum of six (6) years and one
communities; (1) day to twelve (12) years and/or a fine of One
hundred thousand pesos (P100,000.00) to One million
(ii) when the wildlife is afflicted with an incurable
pesos (P1,000,000.00), if inflicted or undertaken against
communicable disease;
species listed as critical;
(iii) when it is deemed necessary to put an end to the
(b) imprisonment of four (4) and one (1) day to six (6)
misery suffered by the wildlife;
years and/or a fine of Fifty thousand pesos (P50,000.00)
(iv) when it is done to prevent an imminent danger to to Five hundred thousand pesos (P500,000.00) if
the life or limb of a human being; and inflicted or undertaken against endangered species;

(v) when the wildlife is killed or destroyed after it has (c) imprisonment of two (2) years and one (1) day to
been used in authorized research or experiments. four (4) years and/or a fine of Thirty thousand pesos
(P30,000.00) to Three hundred thousand pesos
(b) inflicting injury which cripples and/or impairs the
(P300,000.00), if inflicted or undertaken against
reproductive system of wildlife species;
vulnerable species;
(c) effecting any of the following acts in critical
(d) imprisonment of one (1) year and one (1) day to two
habitat(s)
(2) years and/or a fine of Twenty thousand pesos
(i) dumping of waste products detrimental to wildlife; (P20,000.00) to Two hundred thousand pesos
(P200,000.00) if inflicted or undertaken against other
(ii) squatting or otherwise occupying any portion of the threatened species; and
critical habitat;
(e) imprisonment of six (6) months and one (1) day to
(iii) mineral exploration and/or extraction; one (1) year and/or a fine of Ten thousand pesos
(iv) burning; (P10,000.00) to One hundred thousand pesos
(P100,000.00), if inflicted or undertaken against other
(v) logging; and wildlife species.
(vi) quarrying For illegal acts under paragraph (b) of the immediately
(d) introduction, reintroduction or restocking of wildlife preceding section, the following penalties and/or fines
resources; shall be imposed;

(e) trading of wildlife; (a) imprisonment of minimum of four (4) years and one
(1) day to six (6) years and/or a fine of Fifty thousand
pesos (P50,000.00) to Five hundred thousand pesos
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(P500,000.00), if inflicted or undertaken against species (P500.00) to Fifty thousand pesos (P50,000.00), if
listed as critical; inflicted or undertaken against species listed as
threatened species; and
(b) imprisonment of two (2) years and one (1) day to
four (4) years and/or a fine of Thirty thousand pesos (e) imprisonment of ten (10) days to one (1) month
(P30,000.00) to Two hundred thousand pesos and/or a fine of Two hundred pesos (P200.00) to
(P200,000.00), if inflicted or undertaken against Twenty thousand pesos (P20,000.00), if inflicted or
endangered species; undertaken against other wildlife species.

(c) imprisonment of one (1) year and one (1) day to two For illegal acts under paragraphs (f) and (g) of the
(2) years and/or a fine of Twenty thousand pesos immediately preceding section, the following penalties
(P20,000.00) to Two hundred thousand pesos and/or fines shall be imposed:
(P200,000.00), if inflicted or undertaken against
(a) imprisonment of two (2) years and one (1) day to
vulnerable species;
four (4) years and a fine of Thirty thousand pesos
(d) imprisonment of six (6) months and one (1) day to (P30,000.00) to Three hundred thousand pesos
one (1) year and/or fine of Ten thousand pesos (P300,000.00), if inflicted or undertaken against species
(P10,000.00) to Fifty thousand pesos (P50,000.00), if listed as critical;
inflicted or undertaken against other threatened
(b) imprisonment of one (1) year and one (1) day to two
species; and
(2) years and a fine of Twenty thousand pesos
(e) imprisonment of one (1) month to six (6) months (P20,000.00) to Two hundred thousand pesos
and/or a fine of Five thousand pesos (P5,000.00) to (P200,000.00), if inflicted or undertaken against
Twenty thousand pesos (P20,000.00), if inflicted or endangered species;
undertaken against other wildlife species.
(c) imprisonment of six (6) months and one (1) day to
For illegal acts under paragraphs (c) and (d) of the one (1) year and a fine of Ten thousand pesos
immediately preceding section, an imprisonment of one (P10,000.00) to One hundred thousand pesos
(1) month to eight (8) years and/or a fine of Five (P100,000.00), if inflicted or undertaken against
thousand pesos (P5,000.00) to Five million pesos vulnerable species;
(P5,000,000.00) shall be imposed.
(d) imprisonment of one (1) month and one (1) day to
For illegal acts under paragraph (e), the following six (6) months and a fine of Five thousand pesos
penalties and/or fines shall be imposed: (P5,000.00) to Fifty thousand pesos (P50,000.00), if
inflicted or undertaken against species as other
(a) imprisonment of two (2) years and one (1) day to
threatened species; and
four (4) years and/or a fine of Five thousand pesos
(P5,000.00) to Three hundred thousand pesos (e) imprisonment of ten (10) days to one (1) month and
(P300,000.00), if inflicted or undertaken against species a fine of One thousand pesos (P1,000.00) to Five
listed as critical; thousand pesos (P5,000.00), if inflicted or undertaken
against other wildlife species: Provided, That in case of
(b) imprisonment of one (1) year and one (1) day to two
paragraph (f), where the acts were perpetuated
(2) years and/or a fine of Two thousand pesos
through the means of inappropriate techniques and
(P2,000.00) to Two hundred thousand pesos
devices, the maximum penalty herein provided shall be
(P200,000.00), if inflicted or undertaken against
imposed.
endangered species;
For illegal acts under paragraph (h) and (i) of the
(c) imprisonment of six (6) months and one (1) day to
immediately preceding section, the following penalties
one (1) year and/or a fine of One thousand pesos
and/or fines shall be imposed:
(P1,000.00) to One hundred thousand pesos
(P100,000.00), if inflicted or undertaken against (a) imprisonment of six (6) months and one (1) day to
vulnerable species; one (1) year and a fine of Fifty thousand pesos
(P50,000.00) to One hundred thousand pesos
(d) imprisonment of one (1) month and one (1) day to
(P100,000.00) if inflicted or undertaken against species
six (6) months and/or a fine of Five hundred pesos
listed as critical species;
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(b) imprisonment of three (3) months and one (1) day administrative fees or grants in the form of
to six (6) months and a fine of Twenty thousand pesos contributions. Contributions to the Fund shall be
(P20,000.00) to Fifty thousand pesos (P50,000.00), if exempted from donor taxes and all other tax charges or
inflicted or undertaken against endangered species; fees imposed by the government.

(c) imprisonment of one (1) month and one (1) day to Section 30. Deputation of Wildlife Enforcement
three (3) months and a fine of Five thousand pesos Officers. - The Secretary shall deputize wildlife
(P5,000.00) to Twenty thousand pesos (P20,000.00), if enforcement officers from non-government
inflicted or undertaken against vulnerable species; organizations, citizens groups, community
organizations and other volunteers who have
(d) imprisonment of ten (10) days to one (1) month and
undergone necessary training for this purpose. The
a fine of One thousand pesos (P1,000.00) to Five
Philippine National Police (PNP), the Armed Forces of
thousand pesos (P5,000.00), if inflicted or undertaken
the Philippines (AFP), the National Bureau of
against species listed as other threatened species;
Investigation (NBI) and other law enforcement agencies
(e) imprisonment of five (5) days to ten (10) days and a shall designate wildlife enforcement officers. As such,
fine of Two hundred pesos (P200.00) to One thousand the wild enforcement officers shall have the full
pesos (P1,000.00), if inflicted or undertaken against authority to seize illegally traded wildlife and to arrest
other wildlife species. violators of this Act subject to existing laws, rules and
regulations on arrest and detention.
All wildlife, its derivatives or by-products, and all
paraphernalia, tools and conveyances used in Section 31. Establishment of National Wildlife Research
connection with violations of this Act, shall be ipso Centers. The Secretary shall establish national wildlife
facto forfeited in favor of the government; Provided, research centers for terrestrial and aquatic species to
That where the ownership of the aforesaid conveyances lead in the conduct of scientific researches on the
belong to third persons who has no participation in or proper strategies for the conservation and protection of
knowledge of the illegal acts, the same may be released wildlife, including captive breeding or propagation. In
to said owner. The apprehending agency shall this regard, the Secretary shall encourage the
immediately cause the transfer of all wildlife that have participation of experts from academic/research
been seized or recovered to the nearest Wildlife Rescue institutions and wildlife industry.
Center of the Department in the area.
Section 32. Wildlife Rescue Center. - The Secretary shall
If the offender is an alien, he shall be deported after establish or designate wildlife rescue centers to take
service and payment of fines, without any further temporary custody and care of all confiscated,
proceedings. abandoned and/or donated wildlife to ensure their
welfare and well-being. The Secretary shall formulate
The fines herein prescribed shall be increased by at least guidelines for the disposition of wildlife from the rescue
ten percent (10%) every three (3) years to compensate centers.
for inflation and to maintain the deterrent function of
such fines. Section 33. Creation of Wildlife Traffic Monitoring
Units. - The Secretary shall create wildlife traffic
CHAPTER VI monitoring units in strategic air and seaports all over
MISCELLANEOUS PROVISIONS the country to ensure the strict compliance and
Section 29. Wildlife Management Fund. There is hereby effective implementation of all existing wildlife laws,
established a Wildlife Management Fund to be rules and regulations, including pertinent international
administered by the Department as a special account in agreements.
the National Treasury which shall finance rehabilitation Customs officers and/or other authorized government
or restoration of habitats affected by acts committed in representatives assigned at air or seaports who may
violation of this Act and support scientific research, have intercepted wildlife commodities in the discharge
enforcement and monitoring activities, as well as of their official functions shall, prior to further
enhancement of capabilities of relevant agencies. disposition thereof, secure a clearance from the wildlife
The Fund shall derive from fines imposed and damages traffic monitoring unit assigned in the area.
awarded, fees, charges, donations, endowments,
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Section 34. Exemption from taxes - Any donation,

contribution, bequest, subsidy or financial aid which
REPUBLIC ACT No. 6969 -Toxic Substances and
may be made to the Department of Environment and
Hazardous and Nuclear Wastes Control Act of 1990
Natural Resources or to the Department of Agriculture
and to NGOs engaged in wildlife conservation duly AN ACT TO CONTROL TOXIC SUBSTANCES AND
registered with the Securities and Exchange HAZARDOUS AND NUCLEAR WASTES, PROVIDING
Commission as certified by the local government unit, PENALTIES FOR VIOLATIONS THEREOF, AND FOR
the Department of Environment and Natural Resources OTHER PURPOSES
or the Department of Agriculture, for the conservation
and protection of wildlife resources and their habitats October 26, 1990
shall constitute as an allowable deduction from the
taxable income of the donor and shall be exempt from Section 1. Short title. – This Act shall be known as
the "Toxic Substances and Hazardous and Nuclear
donor's tax.
Wastes Control Act of 1990."
Section 35. Flagship Species. Local government units
shall initiate conservation measures for endemic Section 2. Declaration of Policy. – It is the policy of the
species in their areas. For this purpose, they may adopt State to regulate, restrict or prohibit the importation,
flagship species such as the Cebu black shama manufacture, processing, sale, distribution, use and
disposal of chemical substances and mixtures that
(copsychus cebuensis), tamaraw (bubalus mindorensis),
present unreasonable risk and/or injury to health or
Philippine tarsier (tarsius syrichta), Philippine teak
the environment; to prohibit the entry, even in transit,
(tectona philippinensis), which shall serve as emblems of hazardous and nuclear wastes and their disposal
of conservation for the local government concerned. into the Philippine territorial limits for whatever
Section 36. Botanical Gardens, Zoological Parks and purpose; and to provide advancement and facilitate
research and studies on toxic chemicals.
Other Similar Establishments. The Secretary shall
regulate the establishment, operation and maintenance
Section 3. Scope. – This Act shall cover the
of botanical gardens, zoological parks and other similar
importation, manufacture, processing, handling,
establishments for recreation, education and storage, transportation, sale, distribution, use and
conservation. disposal of all unregulated chemical substances and
Section 37. Implementing Rules and Regulations. - mixtures in the Philippines, including the entry, even in
transit as well as the keeping or storage and disposal of
Within twelve (12) months following the effectivity of
hazardous and nuclear wastes into the country for
this Act, secretaries of the Department of Environment
whatever purpose.
and Natural Resources and the Department of
Agriculture, in coordination with the Committees on Section 4. Objectives. – The objectives of this Act are:
Environment and Ecology of the Senate and the House
of Representatives, respectively, shall promulgate a) To keep an inventory of chemicals that are
respective rules and regulations for the effective presently being imported, manufactured, or
implementation of this Act. Whenever appropriate, used, indicating, among others, their existing
coordination in the preparation and implementation of and possible uses, test data, names of firms
rules and regulations on joint and inseparable issues manufacturing or using them, and such other
shall be done by both Departments. The commitments information as may be considered relevant to
of the State to international agreements and protocols the protection of health and the environment;
shall likewise be a consideration in the implementation
of this Act. b) To monitor and regulate the importation,
manufacture, processing, handling, storage,
transportation, sale, distribution, use and
disposal of chemical substances and mixtures
that present unreasonable risk or injury to
health or to the environment in accordance
with national policies and international
commitments;
 10

c) To inform and educate the populace seaports or airports of entry) after having been
regarding the hazards and risks attendant to properly cleared through or still remaining
the manufacture, handling, storage, under customs control, the product or
transportation, processing, distribution, use substance of which is intended for direct
and disposal of toxic chemicals and other consumption, merchandising, warehousing, or
substances and mixture; and for further processing.

d) To prevent the entry, even in transit, as well e) Manufacture means the mechanical or
as the keeping or storage and disposal of chemical transformation of substances into
hazardous and nuclear wastes into the country new products whether work is performed by
for whatever purpose. power-driven machines or by hand, whether it
is done in a factory or in the worker's home,
Section 5. Definition. – As used in this Act: and whether the products are sold at
wholesale or retail.
a) Chemical substance means any organic or
inorganic substance of a particular molecular f) Unreasonable risk means expected
identity, including: frequency of undesirable effects or adverse
responses arising from a given exposure to a
i) Any combination of such substances substance.
occurring in whole or in part as a
result of chemical reaction or g) Hazardous substances are substances which
occurring in nature; and present either:

ii) Any element or uncombined 1) short-term acute hazards, such as

chemical. acute toxicity by ingestion, inhalation
or skin absorption, corrosivity or other
b) Chemical mixture means any combination skin or eye contact hazards or the risk
of two or more chemical substances if the of fire or explosion; or
combination does not occur in nature and is
not, in whole or in part, the result of a 2) long-term environmental hazards,
chemical reaction, if none of the chemical including chronic toxicity upon
substances comprising the combination is a repeated exposure, carcinogenicity
new chemical substance and if the (which may in some cases result from
combination could have been manufactured acute exposure but with a long latent
for commercial purposes without a chemical period), resistance to detoxification
reaction at the time the chemical substances process such as biodegradation, the
comprising the combination were combined. potential to pollute underground or
This shall include nonbiodegradable mixtures. surface waters, or aesthetically
objectionable properties such as
c) Process means the preparation of a offensive odors.
chemical substance or mixture after its
manufacture for commercial distribution: h) Hazardous wastes are hereby defined as
substances that are without any safe
i) In the same form or physical state or commercial, industrial, agricultural or
in a different form or physical state economic usage and are shipped, transported
from that which it was received by the or brought from the country of origin for
person so preparing such substance or dumping or disposal into or in transit through
mixture; or any part of the territory of the Philippines.

ii) As part of an article containing a Hazardous wastes shall also refer to by-
chemical substance or mixture. products, side-products, process residues,
spent reaction media, contaminated plant or
d) Importation means the entry of a products equipment or other substances from
or substances into the Philippines (through the manufacturing operations, and as consumer
discards of manufacture products.
 11

i) Nuclear wastes are hazardous wastes made g) To confiscate or impound chemicals found
radioactive by exposure to the radiation not falling within said acts cannot be enjoined
incidental to the production or utilization of except after the chemicals have been
nuclear fuels but does not include nuclear fuel, impounded;
or radioisotopes which have reached the final
stage of fabrication so as to be usable for any h) To monitor and prevent the entry, even in
scientific, medical, agricultural, commercial, or transit, of hazardous and nuclear wastes and
industrial purpose. their disposal into the country;

Section 6. Function, Powers and Responsibilities of the i) To subpoena witnesses and documents and
Department of Environment and Natural Resources. – to require other information if necessary to
The Department of Environment and Natural carry out the provisions of this Act;
Resources shall be the implementing agency tasked
with the following functions, powers, and j) To call on any department, bureau, office,
responsibilities: agency, state university or college, and other
instrumentalities of the Government for
a) To keep an updated inventory of chemicals assistance in the form of personnel, facilities,
that are presently being manufactured or and other resources as the need arises in the
used, indicating, among others, their existing discharge of its functions;
and possible uses, quality, test data, names of
firms manufacturing or using them, and such k) To disseminate information and conduct
other information as the Secretary may educational awareness campaigns on the
consider relevant to the protection of health effects of chemical substances, mixtures and
and the environment; wastes on health and environment; and

b) To require chemical substances and l) To exercise such powers and perform such
mixtures that present unreasonable risk or other functions as may be necessary to carry
injury to health or to the environment to be out its duties and responsibilities under this
tested before they are manufactured or Act.
imported for the first time;
Section 7. Inter-Agency Technical Advisory Council. –
c) To require chemical substances and There is hereby created an Inter-Agency Technical
mixtures which are presently being Advisory Council attached to the Department of
manufactured or processed to be tested if Environment and Natural Resources which shall be
there is a reason to believe that they pose composed of the following officials or their duly
unreasonable risk or injury to health or the authorized representatives:
environment;
Secretary of Environment and Natural Resources
d) To evaluate the characteristics of chemicals
Secretary of Health
that have been tested to determine their
toxicity and the extent of their effects on Director of the Philippine Nuclear Research Institute
health and the environment; Secretary of Trade and Industry
Secretary of Science and Technology
e) To enter into contracts and make grants for
Secretary of National Defense
research, development, and monitoring of
chemical substances and mixtures; Secretary of Foreign Affairs
Secretary of Labor and Employment
f) To conduct inspection of any establishment Secretary of Finance
in which chemicals are manufactured,
Secretary of Agriculture
processed, stored or held before or after their
commercial distribution and to make Representative from a non-governmental organization
recommendations to the proper authorities and safety
concerned;
 12

The representative from the non-governmental b) There are insufficient data and experience
organization shall be appointed by the President for a for determining or predicting the health and
term of three (3) years. environmental effects of the chemical
substance or mixture; and
The Council shall have the following functions:
c) The testing of the chemical substance or
a) To assist the Department of Environment mixture is necessary to develop such data.
and Natural Resources in the formulation of
the pertinent rules and regulations for the The manufacturers, processors or importers shall
effective implementation of this Act; shoulder the costs of testing the chemical substance or
mixture that will be manufactured, processed, or
b) To assist the Department of Environment imported.
and Natural Resources in the preparation and
updating of the inventory of chemical Section 10. Action by the Secretary of Environment
substances and mixtures that fall within the and Natural Resources of his Duly Authorized
coverage of this Act; Representative. – The Secretary of Environment and
Natural Resources or his duly authorized
c) To conduct preliminary evaluation of the representative shall, within ninety (90) days from the
characteristics of chemical substances and date of filing of the notice of manufacture, processing
mixtures to determine their toxicity and or importation of a chemical substance or mixture,
effects on health and the environment and decide whether or not to regulate or prohibit its
make the necessary recommendations to the importation, manufacture, processing, sale,
Department of Environment and Natural distribution, use or disposal. The Secretary may, for
Resources; and justifiable reasons, extend the ninety-day pre-
manufacture period within a reasonable time.
d) To perform such other functions as the
Secretary of Environment and Natural Section 11. Chemical Substances Exempt from Pre-
Resources may, from time to time, require. Manufacture Notification. – The manufacture of the
following chemical substances or mixtures shall be
Section 8. Pre-Manufacture and Pre-Importation exempt from pre-manufacture notification:
Requirements. – Before any new chemical substance
or mixture can be manufactured, processed or a) Those included in the categories of chemical
imported for the first time as determined by the substances and mixtures already listed in the
Department of Environment and Natural Resources, inventory of existing chemicals;
the manufacturer, processor or importer shall submit
the following information: the name of the chemical b) Those to be produced in small quantities
substance or mixture; its chemical identity and solely for experimental or research and
molecular structure; proposed categories of use; an developmental purposes;
estimate of the amount to be manufactured,
processed or imported; processing and disposal c) Chemical substances and mixtures that will
thereof; and any test data related to health and not present an unreasonable risk to health and
environmental effects which the manufacturer, the environment; and
processor or importer has.
d) Chemical substances and mixtures that exist
Section 9. Chemicals Subject to Testing. – Testing shall temporarily and which have no human or
be required in all cases where: environmental exposure such as those which
exist as a result of chemical reaction in the
a) There is a reason to believe that the manufacture or processing of a mixture of
chemical substances or mixture may present another chemical substance.
an unreasonable risk to health or the
environment or there may be substantial Section 12. Public Access to Records, Reports or
human or environmental exposure thereto; Notification. – The public shall have access to records,
reports, or information concerning chemical
substances and mixtures including safety data
 13

submitted, data on emission or discharge into the violate section 13 (a) to (c) of this Act and shall
environment, and such documents shall be available not be covered by the Probation Law.f the
for inspection or reproduction during normal business offender is a foreigner, he or she shall be
hours except that the Department of Environment and deported and barred from any subsequent
Natural resources may consider a record, report or entry into the Philippines after serving his or
information or particular portions thereof confidential her sentence;
and may not be made public when such would divulge
trade secrets, production or sales figures or methods, ii) In case any violation of this Act is committed
production or processes unique to such manufacturer, by a partnership, corporation, association or
processor or distributor, or would otherwise tend to any juridical person, the partner, president,
affect adversely the competitive position of such director or manager who shall consent to or
manufacturer, processor or distributor. The shall knowingly tolerate such violation shall be
Department of Environment and Natural Resources, directly liable and responsible for the act of
however, may release information subject to claim of the employee and shall be criminally liable as a
confidentiality to a medical research or scientific co-principal;
institution where the information is needed for the
purpose of medical diagnosis or treatment of a person (iii) In case the offender is a government
exposed to the chemical substance or mixture. official or employee, he or she shall, in
addition to the above penalties, be deemed
Section 13. Prohibited Acts. – The following acts and automatically dismissed from office and
omissions shall be considered unlawful: permanently disqualified from holding any
elective or appointive position.
a) Knowingly use a chemical substance or
mixture which is imported, manufactured, b) (i) The penalty of imprisonment of twelve
processed or distributed in violation of this Act (12) years and one day to twenty (20) years,
or implementing rules and regulations or shall be imposed upon any person who shall
orders; violate section 13 (d) of this Act.f the offender
is a foreigner, he or she shall be deported and
b) Failure or refusal to submit reports, notices barred from any subsequent entry into the
or other information, access to records, as Philippines after serving his or her sentence;
required by this Act, or permit inspection of
establishment where chemicals are (ii) In the case of corporations or other
manufactured, processed, stored or otherwise associations, the above penalty shall be
held; imposed upon the managing partner,
president or chief executive in addition to an
c) Failure or refusal to comply with the pre- exemplary damage of at least Five hundred
manufacture and pre-importation thousand pesos (P500,000.00).f it is a foreign
requirements; and firm, the director and all officers of such
foreign firm shall be barred from entry into the
d) Cause, aid or facilitate, directly or indirectly, Philippines, in addition to the cancellation of
in the storage, importation, or bringing into its license to do business in the Philippines;
Philippines territory, including its maritime
economic zones, even in transit, either by (iii) In case the offender is a government
means of land, air or sea transportation or official or employee, he or she in addition to
otherwise keeping in storage any amount of the above penalties be deemed automatically
hazardous and nuclear wastes in any part of dismissed from office and permanently
the Philippines. disqualified from holding any elective or
appointive position.
Section 14. Criminal Offenses and Penalties. –
c) Every penalty imposed for the unlawful
a) (i) The penalty of imprisonment of six (6) importation, entry, transport, manufacture,
months and one day to six (6) years and one processing, sale or distribution of chemical
day and a fine ranging from Six hundred pesos substances or mixtures into or within the
(P600.00) to Four thousand pesos (P4,000.00) Philippines shall carry with it the confiscation
shall be imposed upon any person who shall and forfeiture in favor of the Government of
 14

the proceeds of the unlawful act and To achieve this end, the framework for sustainable
instruments, tools or other improvements development shall be pursued. As such, it shall be the
including vehicles, sea vessels, and aircrafts policy of the State:
used in or with which the offense was
committed. Chemical substances so a) To streamline processes and procedures in
confiscated and forfeited by the Government the prevention, control and abatement of
at its option shall be turned over to the pollution of the country's water resources;
Department of Environment and Natural
resources for safekeeping and proper disposal. b) To promote environmental strategies, use of
appropriate economic instruments and of
d) The person or firm responsible or control mechanisms for the protection of water
connected with the bringing or importation resources;
into the country of hazardous or nuclear
wastes shall be under obligation to transport c) To formulate a holistic national program of
or send back said prohibited wastes; water quality management that recognizes that
water quality management issues cannot be
Any and all means of transportation, including separated from concerns about water sources
all facilities and appurtenances that may have and ecological protection, water supply, public
been used in transporting to or in the storage health and quality of life;
in the Philippines of any significant amount of
hazardous or nuclear wastes shall at the d) To formulate an integrated water quality
option of the government be forfeited in its management framework through proper
favor. delegation and effective coordination of
functions and activities;
Section 15. Administrative Fines. – In all cases of
violations of this Act, including violations of e) promote commercial and industrial
implementing rules and regulations which have been processes and products that are environment
duly promulgated and published in accordance with friendly and energy efficient;
Section 16 of this Act, the Secretary of Environment
and Natural Resources is hereby authorized to impose f) To encourage cooperation and self-
a fine of not less than Ten thousand pesos regulation among citizens and industries
(P10,000.00), but not more than Fifty thousand pesos through the application of incentives and
(P50,000.00) upon any person or entity found guilty market-based instruments and to promote the
thereof. The administrative fines imposed and role of private industrial enterprises in shaping
collected by the Department of Environment and its regulatory profile within the acceptable
Natural Resources shall accrue to a special fund to be boundaries of public health and environment;
administered by the Department exclusively for
projects and research activities relative to toxic g) To provide for a comprehensive
substances and mixtures. management program for water pollution
focusing on pollution prevention;

h) To promote public information and

Republic Act No. 9275 - Philippine Clean Water Act of
education and to encourage the participation
2004 of an informed and active public in water
AN ACT PROVIDING FOR A COMPREHENSIVE WATER quality management and monitoring;
QUALITY MANAGEMENT AND FOR OTHER PURPOSES
i) To formulate and enforce a system of
SECTION 1. Short Title. - This Act shall be known as the accountability for short and long-term adverse
"Philippine Clean Water Act of 2004." environmental impact of a project, program or
activity; and
SECTION 2. Declaration of Policy. - The State shall
j) To encourage civil society and other sectors,
pursue a policy of economic growth in a manner
particularly labor, the academe and business
consistent with the protection, preservation and revival
undertaking environment-related activities in
of the quality of our fresh, brackish and marine waters.
 15

their efforts to organize, educate and motivate producing electrical or mechanical

the people in addressing pertinent power;
environmental issues and problems at the local
and national levels. 5. Use of water for fisheries - means the
utilization of water for the propagation
SECTION 3. Coverage of the Act. - This Act shall apply to of culture of fish as a commercial
water quality management in all water bodies: enterprise;
Provided, That it shall primarily apply to the abatement
and control of pollution from land based sources: 6. Use of water for livestock raising -
Provided, further, That the water quality standards and means the utilization of water for large
regulations and the civil liability and penal provisions herds or flocks of animals raised as a
under this Act shall be enforced irrespective of sources commercial enterprise;
of pollution.
7. Use of water for industrial purposes
ARTICLE 2 - means the utilization of water in
DEFINITION OF TERMS factories, industrial plants and mines,
including the use of water as an
SECTION 4. Definition of Terms. - As used in this Act: ingredient of a finished product; and

a) Aquifer - means a layer of water-bearing rock 8. Use of water for recreational

located underground that transmits water in purposes - means the utilization of
sufficient quantity to supply pumping wells or water for swimming pools, bath
natural springs. houses, boating, water skiing, golf
courses and other similar facilities in
b) Aquatic life - means all organisms living in resorts and other places of recreation.
freshwater, brackish and marine environment.
d) Classification/Reclassification of Philippine
c) Beneficial use - means the use of the Waters - means the categorization of all water
environment or any element or segment bodies taking into account, among others, the
thereof conducive to public or private welfare, following: (1) existing quality of the body of
safety and health; and shall include, but not be water; (2) size, depth, surface area covered,
limited to, the use of water for domestic, volume, direction, rate of flow and gradient of
municipal, irrigation, power generation, stream; (3) most beneficial existing and future
fisheries, livestock raising, industrial, use of said bodies of water and lands bordering
recreational and other purposes. them, such as for residential, agricultural,
aquacultural, commercial, industrial,
1. Use of water for domestic purposes navigational, recreational, wildlife conservation
- means the utilization of water for and aesthetic purposes; and (4) vulnerability of
drinking, washing, bathing, cooking or surface and groundwater to contamination
other household needs, home gardens from pollutive and hazardous wastes,
and watering of lawns or domestic agricultural chemicals and underground
animals; storage tanks of petroleum products.

2. Use of water for municipal purposes e) Civil Society - means non-government

- means the utilization of water for organizations (NGOs) and people's
supplying water requirements of the organizations (POs).
community;
f) Cleaner Production - means the application of
3. Use of water for irrigation - means an integrated, preventive environmental
the utilization of water for producing strategy to processes, products, services to
agricultural crops; increase efficiency and reduce risk to humans
and the environment;
4. Use of water for power generation -
means the utilization of water for g) Clean-up operations - means activities
involving the removal of pollutants discharged
 16

or spilled into a water body and its surrounding impacts of human activity, and environmental
areas, and the restoration of the affected areas research.
to their former physical, chemical and
biological state or conditions. p) Environmental management system - means
the part of the overall management system that
h) Contamination - means the production of includes organizational structure, planning
substances not found in the natural activities, responsibilities, practices,
composition of water that make the water less procedures, processes and resources for
desirable or unfit desirable or unfit for intended developing, implementing, achieving,
use. reviewing and maintaining the environment
policy.
i) Department - means the Department of
Environment and Natural Resources. q) Freshwater - means water containing less
than 500 ppm dissolved common salt, sodium
j) Discharge includes, but is not limited to, the chloride, such as that in groundwater, rivers,
act of spilling, leaking, pumping, pouring, ponds and lakes.
emitting, emptying, releasing or dumping of
any material into a water body or onto land r) Groundwater - means a subsurface water
from which it might flow or drain into said that occurs beneath a water table in soils and
water. rocks, or in geological formations.

k) Drinking water- means water intended for s) Groundwater vulnerability - means relative
human consumption or for use in food ease with which a contaminant located at or
preparation. near the land surface can migrate to the aquifer
or deep well.
l) Dumping - means any unauthorized or illegal
disposal into any body of water or land of t) Groundwater vulnerability map - means the
wastes or toxic or hazardous material: identified areas of the land surface where
Provided, That it does not mean a release of groundwater quality is most at risk from human
effluent coming from commercial, industrial, activities and shall reflect the different degrees
and domestic sources which are within the of groundwater vulnerability based on a range
effluent standards. of soil properties and hydro geological criteria
to serve as guide in the protection of the
m) Effluent - means discharge from known groundwater from contamination.
sources which is passed into a body of water or
land, or wastewater flowing out of a u) Hazardous waste - means any waste or
manufacturing plant, industrial plant including combination of wastes of solid liquid, contained
domestic, commercial and recreational gaseous, or semi-solid form which cause, of
facilities. contribute to, an increase in mortality or an
increase in serious irreversible, or
n) Effluent standard - means any legal incapacitating reversible illness, taking into
restriction or limitation on quantities, rates, account toxicity of such waste, its persistence
and/or concentrations or any combination and degradability in nature, its potential for
thereof, of physical, chemical or biological accumulation or concentration in tissue, and
parameters of effluent which a person or point other factors that may otherwise cause or
source is allowed to discharge into a body of contribute to adverse acute or chronic effects
water or land. on the health of persons or organism.

o) Environmental management - means the v) Industrial waste - means any solid, semi-solid
entire system which includes, but is not limited or liquid waste material with no commercial
to, conservation, regulation and minimization value released by a manufacturing or
of pollution, clean production, waste processing plant other than excluded material.
management, environmental law and policy,
environmental education and information, w) Integrated Water Quality Management
study and mitigation of the environmental Framework - means the policy guideline
 17

integrating all the existing frameworks condition, limitation or restriction

prepared by all government agencies contain prescribed in this Act.
the following; water quality goals and targets;
(b) period of compliance; (c) water pollution cc) Pollution control technology- means
control strategies and techniques; (d) water pollution control devices or apparatus,
quality information and education program; (e) processes, or other means that effectively
human resources development program. prevent control or reduce pollution of water
caused by effluents and other discharges, from
x) Margin - means a landward and outer limiting any point source at levels within the water
edge adjacent to the border of any water pollution standards.
bodies or a limit beyond where beyond where
saturation zone ceases to exist. dd) Potentially infectious medical waste-
include isolation wastes, infectious agents,
y) National Water Quality Status Report - means human blood and blood products, pathological
a report to be prepared by the Department wastes, sharps, body parts, contaminated
indicating: a) the location of water bodies, their bedding, surgical wastes, and other disposable
quality, taking into account seasonal, tidal and medical equipment and material that may pose
others variations, existing and potential uses a risk to the public health, welfare or the marine
and sources of pollution per specific pollutant environment.
and pollution load assessment; b) water quality
management areas pursuant to Section 5 of ee) Secretary - means the Secretary of the
this Act; c) and water classification. Department of Environmental and Natural
Resources (DENR).
z) Non-point source - means any source of
pollution not identifiable as point source to ff) Septage - means the sludge produced on
include, but not be limited to, runoff from individual onsite wastewater disposal systems,
irrigation or rainwater, which picks up principally septic tanks and cesspools.
pollutants from farms and urban areas.
gg) Sewage - means water-borne human or
aa) Point source - means any identifiable source animal wastes, excluding oil or oil wastes,
of pollution with specific point of discharge into removed from residences, building,
a particular water body. institutions, industrial and commercial
establishments together with such
bb) Pollutant- shall refer to any substance, groundwater, surface water and storm water as
whether solid, liquid, gaseous or radioactive, maybe present including such waste from
which directly or indirectly: vessels, offshore structures, other receptacles
intended to receive or retain waste or other
(i) alters the quality of any segment of places or the combination thereof.
the receiving water body to affect or
tend to affect adversely any beneficial hh) Sewerage - includes, but is not limited to,
use thereof; any system or network of pipelines, ditches,
channels, or conduits including pumping
(ii) is hazardous or potential hazardous stations, lift stations and force mains, service
to health; connections including other constructions,
devices, and appliances appurtenant thereto,
(iii) imparts objectionable odor, which includes the collection, transport,
temperature change, or physical, pumping and treatment of sewage to a point of
chemical or biological change to any disposal.
segment of the water body; or
ii) Sludge - means any solid, semi-solid or liquid
(iv) is in excess of the allowable limits, waste or residue generated from a wastewater
concentrations, or quality standards treatment plant, water supply treatment plant,
specified, or in contravention of the or water control pollution facility, or any other
such waste having similar characteristics and
effects.
 18

jj) Surface water - means all water, which is bacteriological or radiological parameters
open to the atmosphere and subject to surface which are used to classify water resources and
runoff. their use, which does not result in significant
health risk and which are not intended for
kk) Treatment - means any method, technique, direct enforcement but only for water quality
or process designed to alter the physical, management purposes, such as determining
chemical or biological and radiological time trends, evaluating stages of deterioration
character or composition of any waste or or enhancement of the water quality, and as
wastewater to reduce or prevent pollution. basis for taking positive action in preventing,
controlling or abating water pollution.
ll) Toxic amount - means the lowest amount of
concentration of toxic pollutants, which may ss) Water Quality Management Area Action
cause chronic or long-term acute or lethal Plan - includes, but not be limited to, the
conditions or effects to the aquatic life, or following: (a) goals and targets including
health of persons or which may adversely affect sewerage or septage program, (b) schedule of
designated water uses. compliance to meet the applicable
requirements of this Act; (c) water pollution
mm) Waste - means any material either solid, control strategies or techniques; (d) water
liquid, semisolid, contained gas or other forms quality information and education program; e)
resulting industrial, commercial, mining or resource requirement and possible sources; f)
agricultural operations, or from community and enforcement procedures of the plan and (g)
household activities that is devoid of usage and rewards and incentives under Chapter 4 of this
discarded. Act.

nn) Wastewater - means waste in liquid state CHAPTER 2

containing pollutants. WATER QUALITY MANAGEMENT SYSTEM

oo) Water body - means both natural and man- ARTICLE 1

made bodies of fresh, brackish, and saline GENERAL PROVISIONS
waters, and includes, but is not limited to,
aquifers, groundwater, springs, creeks, SECTION 5. Water Quality Management Area. - The
streams, rivers, ponds, lagoons, water Department, in coordination with National Water
reservoirs, lakes, bays, estuarine, coastal and Resources Board (NWRB), shall designate certain areas
marine waters. Water bodies do not refer to as water quality management areas using appropriate
those constructed, developed and used physiographic units such as watershed, river basins or
purposely as water treatment facilities and / or water resources regions. Said management areas shall
water storage for recycling and re-use which have similar hydrological, hydrogeological,
are integral to process industry or meteorological or geographic conditions which affect
manufacturing. the physicochemical, biological and bacteriological
reactions and diffusions of pollutants in the water
pp) Water Pollution - means any alteration of bodies, or otherwise share common interest or face
the physical, chemical, biological, or similar development programs, prospects or problems.
radiological properties of a water body
resulting in the impairment of its purity or Said management area shall be governed by a
quality. governing board composed of representatives of
mayors and governors of member local government
qq) Water Quality - means the characteristics of units (LGUs), and representatives of relevant national
water, which define its use in characteristics by government agencies, duly registered non-
terms of physical, chemical, biological, governmental organization, water utility sector, and
bacteriological or radiological characteristics by business sector. The Department representative shall
which the acceptability of water is evaluated. chair the governing board. In the case of the LGUs with
memberships on more than one (1) management
rr) Water quality guidelines - means the level board, the LGU shall designate only one (1) single
for a water constituent or numerical values of representative for all the management areas wherein is
physical, chemical, biological and a member.
 19

The governing board shall formulate strategies to corresponding reduction in discharges from existing
coordinate policies necessary for the effective sources; Provided, That if the pollutant is naturally
implementation of this Act in accordance with those occurring, e.g. naturally high boron and other elements
established in the framework and monitor the in geothermal areas, discharge of such pollutant may be
compliance with the action plan. allowed: Provided, further, That the effluent
concentration of discharge shall not exceed the
Each management area shall create a multi-sectoral naturally occurring level of such pollutant in the area:
group to establish and affect water quality surveillance Provided, Finally, That the effluent concentration and
and monitoring network including sampling schedules volume of discharge shall not adversely affect water
and other similar activities. The group shall submit its supply, public health and ecological protection.
report and recommendation to the chairman of the
governing board. The Department shall, in coordination with NWRB,
Department of Health (DOH), Department of
A technical secretariat for each management area is Agriculture (DA), governing board and other concerned
hereby created which shall be part of the department government agencies and private sectors shall take
and shall provide technical support to the governing such measures as may be necessary to upgrade the
board. They shall be composed of at least four (4) quality of such water in non-attainment areas to meet
members who shall have the following minimum the standards under which it has been classified.
qualifications:
Upgrading of water quality shall likewise include
a) One (1) member shall be a member of the undertakings, which shall improve the water quality of
Philippines Bar; a water body to a classification that will meet its
projected or potential use.
b) One (1) member shall be a Chemical
Engineer, Chemist, Sanitary Engineer, The LGUs shall prepare and implement contingency
Environmental Engineer or Ecologist or plans and other measures including relocation,
significant training and experience in whenever necessary, for the protection of health and
chemistry; welfare of the residents within potentially affected
areas.
c) One (1) member shall be a Civil Engineer or
Hydrologist or Significant training and SECTION 7. National Sewerage and Septage
experience in closely related fields and Management Program. - The Department of Public
experience on ground water, respectively; and Works and Highways (DPWH), through its relevant
attached agencies, in coordination with the
d) One (1) member shall be a Geologist, Department, local government units (LGUs) and other
Biologist, or significant training and experience concerned agencies, shall, as soon as possible, but in no
in closely related fields. case exceeding a period of twelve (12) months from the
affectivity of this Act, prepare a national program on
The areas within the jurisdiction of the Laguna Lake sewerage and septage management in connection with
Development Authority (LLDA) shall be designated as Section 8 hereof.
one management area under the administration of
LLDA in accordance with R.A. No. 4850, as amended: Such program shall include a priority listing of sewerage,
Provided, However, That the standards promulgated septage and combined sewerage-septage projects for
pursuant to this Act and wastewater charge system LGUs based on population density and growth,
established pursuant hereof shall be enforced in said degradation of water resources, topography, geology,
area. vegetation, program/projects for the rehabilitation of
existing facilities and such other factors that the
SECTION 6. Management of Non-attainment Areas. - Secretary may deem relevant to the protection of water
The Department shall designate water bodies, or quality. On the basis of such national listing, the national
portions thereof, where specific pollutants from either government may allot, on an annual basis, funds for the
natural or man-made source have already exceeded construction and rehabilitation of required facilities.
water quality guidelines as non-attainment areas for
the exceeded pollutants. It shall prepare and implement Each LGU shall appropriate the necessary land,
a program that will not allow new sources of exceeded including the required rights-of-way/road access to the
water pollutant in non-attainment areas without a
 20

land for the construction of the sewage and/or septage c) Support research, enforcement and
treatment facilities. monitoring activities;

Each LGU may raise funds to subsidize necessary d) Provide technical assistance to the
expenses for the operation and maintenance of implementing agencies;
sewerage treatment or septage facility servicing their
area of jurisdiction through local property taxes and e) Grant rewards and incentives;
enforcement of a service fee system.
f) Support information and educational
SECTION 8. Domestic Sewage Collection, Treatment and campaign; and
Disposal. - Within five (5) years following the effectivity
of this Act, the Agency vested to provide water supply g) Such other disbursements made solely for
and sewerage facilities and/or concessionaires in Metro the prevention, control or abatement of water
Manila and other highly urbanized cities (HUCs) as pollution and management and administration
defined in Republic Act No. 7160, in coordination with of the management areas in the amounts
LGUs, shall be required to connect the existing sewage authorized by the Department.
line found in all subdivisions, condominiums,
commercial centers, hotels, sports and recreational The fines imposed and damages awarded to the
facilities, hospitals, market places, public buildings, government by the Pollution Adjudication Board (PAB),
industrial complex and other similar establishments proceeds of permits issued by the Department under
including households to available sewerage system. this Act, donations, endowments and grants in the form
Provided, That the said connection shall be subject to of contributions to the national government under this
sewerage services charge/fees in accordance with Act shall form part of the fund. Such donations,
existing laws, rules or regulations unless the sources endowments and grants shall be exempt from donor's
had already utilized their own sewerage system: taxes and all other taxes, charges or fees imposed by
Provided, further, That all sources of sewage and the government and shall be deductible from the gross
septage shall comply with the requirements herein. income of the donor for income tax purposes.

In areas not considered as HUCs, the DPWH in Disbursements from the fund shall be subject to the
coordination with the Department, DOH and other usual accounting and budgeting rules and regulations.
concerned agencies, shall employ septage or combined
sewerage-septage management system. SECTION 10. The Area Water Quality Management
Fund. - The area water quality management fund is
For the purpose of this section, the DOH, coordination hereby established for the maintenance and upkeep of
with other government agencies, shall formulate the water bodies in a water quality management area.
guidelines and standards for the collection, treatment The fund shall be utilized for the grant of rewards and
and disposal of sewage including guidelines for the incentives for entities whose effluent discharges are
establishment and operation of centralized sewage better than the water quality criteria of the target
treatment system. classification of the receiving body of water, loans for
acquisitions and repairs of facilities to reduce quantity
SECTION 9. National Water Quality Management Fund. and improve quality of wastewater discharges, and
- A water quality management fund, to be administered regular maintenance of the water bodies within the
by the Department, in coordination with other management area.
concerned agencies, as a special account in the National
Treasury is hereby established. The fund shall be used An amount of not more than ten percent (10%) of the
to finance the following: total amount accruing to the funds annually shall be
allocated for the operational expenses of the governing
a) Finance containment and clean-up board, its secretariat and multi-sectoral water quality
operations of the government in water surveillance and monitoring network.
pollution cases;
This fund shall initially be sourced from the fines
b) Guarantee restoration of ecosystems and incurred by the establishments located in rural areas
rehabilitation of affected areas; before the effectivity of this Act. Thereafter, the fees
collected under the wastewater charge system
 21

established under Section 13 of this Act, donations, c) Reflect damages caused by water pollution
endowments and grants for water quality management on the surrounding environment, including the
of the area shall accrue to the fund. cost of rehabilitation;

Disbursements from the fund shall be subject to the d) Type of pollutant;

usual accounting and budgeting rules and regulations.
This fund shall be managed by the Board of the e) Classification of the receiving water body;
corresponding management area. and

SECTION 11. Water Quality Variance for Geothermal f) Other special attributes of the water body.
and Oil and Gas Exploration. - The Department may
provide variance in water quality criteria and standards The fee shall be based on the net waste load depending
for geothermal exploration that encounters re-injection on the wastewater, charge formula which shall be
constraints: Provided, That there shall be provision for established with due public consultation within six (6)
adequate protection of beneficial use of water bodies, months from the effectivity of this Act: Provided, That
downstream of the geothermal project: Provided, net waste load shall refer to the difference of the initial
further, That this provision may be applied to oil and gas waste load of the abstracted water and the waste load
exploration as determined by the Department. of the final effluent discharge of an industry: Provided,
further, That no net waste load shall be lower than the
SECTION 12. Categories of Industry Sector. - Within initial waste load: Provided, finally, That wastewater
twenty-four (24) months from the effectivity of this Act, charge system shall not apply to wastewater from
and every two (2) years thereafter, the Department geothermal exploration.
shall, through due public consultation, revise and
publish a list of categories of industry sector for which Industries whose water effluent are within standards
effluent standards will be provided for each significant promulgated pursuant to this Act, shall only be charged
wastewater parameter per industry sector. with minimal reasonable amount which shall be
determined by the Department after due public
The Department shall provide additional classification consultation, giving account to volumetric rate of
based on other parameters specifically associated to discharge and effluent concentration.
discharge of a particular industry which shall be
included in the listing of categories prescribed in the SECTION 14. Discharge Pemits. - The Department shall
preceding paragraph. require owners or operators of facilities that discharge
regulated effluents pursuant to this Act to secure a
ARTICLE 2 permit to discharge. The discharge permit shall be the
WATER POLLUTION PERMITS AND CHARGES legal authorization granted by the Department to
discharge wastewater: Provided, That the discharge
SECTION 13. Wastewater Charge System. - The permit shall specify among others, the quantity and
Department shall implement a wastewater charge quality of effluent that said facilities are allowed to
system in all management areas including the Laguna discharge into a particular water body, compliance
Lake Region and Regional Industrial Centers through the schedule and monitoring requirement.
collection of wastewater charges/fees. The system shall
be established on the basis of payment to the As part of the permitting procedure, the Department
government for discharging wastewater into the water shall encourage the adoption of waste minimization and
bodies. Wastewater charges shall be established taking waste treatment technologies when such technologies
into consideration the following: are deemed cost effective. The Department shall also
develop procedures to relate the current water quality
a) To provide strong economic inducement for guideline or the projected water quality guideline of the
polluters to modify their production or receiving water body/ies with total pollution loadings
management processes or to invest in pollution from various sources, so that effluent quotas can be
control technology in order to reduce the properly allocated in the discharge permits. For
amount of water pollutants generated; industries without any discharge permit, they may be
given a period of twelve {12) months after the
b) To cover the cost of administering water effectivity of the implementing rules and regulations
quality management or improvement promulgated pursuant to this Act, to secure a discharge
programs; permit.
 22

Effluent trading may be allowed per management area. SECTION 17. Programmatic Environmental Impact
Assessment. - The Department shall implement
ARTICLE 3 programmatic compliance with the environmental
FINANCIAL LIABILITY MECHANISM impact assessment system, as in the following types of
development:
SECTION 15. Financial Liability for Environmental
Rehabilitation. - The Department shall require program a) development consisting of a series of similar
and project proponents to put up environmental projects, or a project subdivided into several
guarantee fund {EGF) as part of the environmental phases and/or stages whether situated in a
management plan attached to the environmental contiguous area or geographically dispersed;
compliance certificate pursuant to Presidential Decree and
No.1586 and its implementing rules and regulations.
The EGF shall finance the maintenance of the health of b) development consisting of several
the ecosystems and specially the conservation of components or a cluster of projects co-located
watersheds and aquifers affected by the development, in an area such as an industrial estate, an export
and the needs of emergency response, clean-up or processing zone, or a development zone
rehabilitation of areas that may be damaged during the identified in a local land use plan.
program's or project's actual implementation. Liability
for damages shall continue even after the termination Programmatic compliance with the environmental
of a program or project and, until the lapse of a given impact assessment system shall be guided by carrying
period indicated in the environmental compliance capacity assessments determined from ecological
certificate, as determined by the Department. The EGF profiles. Ecological profiles shall Identify environmental
may be in the form of a trust fund, environmental constraints and opportunities in programmatic areas.
insurance, surety bonds, letters of credit, self-insurance Programmatic assessment shall also take into account
and any other instruments which may be identified by cumulative impacts and risks.
the Department. The choice of the guarantee
instrument or combinations thereof shall depend, Consistent with the provisions of the Local Government
among others, on the assessment of the risks involved Code, the Department may enter into agreement with
and financial test mechanisms devised by the LGUs to incorporate programmatic environmental
Department. Proponents required to put up guarantee impact assessment into the preparation, updating or
instruments shall furnish the Department with evidence revision of local land use plans and area development
of availment of such instruments from accredited plans.
financial instrument providers.
SECTION 18. Environmental Impact Assessment System
SECTION 16. Clean-Up Operations. - Notwithstanding Programmatic Compliance with Water Quality
the provisions of Sections 15 and 26 hereof, any person Standards. - The. Department may allow each regional
who causes pollution in or pollutes water bodies in industrial center established pursuant to Republic Act
excess of the applicable and prevailing standards shall No.7916 (PEZA law) to allocate effluent quotas to
be responsible to contain, remove and clean-up any pollution sources within its jurisdiction that qualify
pollution incident at his own expense to the extent that under an environmental impact assessment system
the same water bodies have been rendered unfit for programmatic compliance program in accordance with
utilization and beneficial use: Provided, That in the Presidential Decree No. 15867 and its implementing
event emergency clean-up operations are necessary rules and regulations.
and the polluter fails to immediately undertake the
same, the Department, in coordination with other CHAPTER 3
government agencies concerned, shall conduct INSTITUTIONAL MECHANISM
containment, removal and clean-up operations.
Expenses incurred in said operations shall be SECTION 19. Lead Agency. - The Department shall be
reimbursed by the persons found to have caused such the primary government agency responsible for the
pollution upon proper administrative determination in implementation and enforcement of this Act unless
accordance with this Act. Reimbursements of the cost otherwise provided herein. As such, it shall have the
incurred shall be made to the Water Quality following functions, powers and responsibilities:
Management Fund or to such other funds where said
disbursements were sourced. a) Prepare a National Water Quality Status
Report within twenty-four (24) months from
 23

the effectivity of this Act: Provided, That the procedures for sampling and analysis of
Department shall thereafter review or revise pollutants and in coordination with other
and publish annually, or as the need arises, said concerned agencies, formulate testing
report; procedures and establish an accreditation
system for laboratories;
b) Prepare an Integrated Water Quality
Management Framework within twelve (12) h) Within eighteen (18) months from the
months following the completion of the status effectivity of this Act and every two (2) years
report; thereafter, categorize point and non-point
sources of water pollution;
c) Prepare a ten (10) year Water Quality
Management Area Action Plan within twelve i) Classify groundwater sources within twelve
(12) months following the completion of the (12) months from the effectivity of this Act;
framework for each designated water
management area. Such action plan shall be j) Classify or reclassify all water bodies
reviewed by the water quality management according to their beneficial usages: Provided,
area governing board every five (5) years or as that in the interim, the provisions of DENR
need arises; Administrative Order No.34 shall
apply: Provided, further, that such classification
d) Prepare and publish a national a national or reclassification shall take into consideration
groundwater vulnerability map incorporating the operation of businesses or facilities that are
the prevailing standards and methodologies, existing prior to the effectivity of the
within twenty four (24) months after the Act: Provided, furthermore, that the
effectivity of this Act; Department may authorize the use of the water
for other purposes that are more restrictive in
e) Enforce, review and revise within twelve (12) classification: Provided, finally, That discharges
months from the effectivity of this Act water resulting from such use shall meet the effluent
quality guidelines after due consultation with standards set by the Department;
the concerned stakeholder sectors: Provided,
That the Department, in coordination with k) Exercise jurisdiction over all aspects of water
appropriate agencies shall review said pollution, determine its location, magnitude,
guidelines every five (5) years or as need arises; extent, severity, causes, effects and other
pertinent information on pollution, and to take
f) Review and set effluent standards every five measures, using available methods and
(5) years from the effectivity of this Act or technologies to prevent and abate such
sooner as determined by the pollution;
Department: Provided, That in the interim, the
provisions of DENR Administrative Order No. 35 l) Exercise supervision and control over all
of the Department shall aspects of water quality management;
apply: Provided, further, That when new and
more stringent standards are set in accordance m) Establish a cooperative effort in partnership
with this section, the Department may establish with the government, LGUs, academic
a grace period with a maximum of five (5) institutions, civil society and the private sector
years: Provided, finally, That such grace period to attain the objectives of this Act;
shall be limited to the moratorium on the
issuance of cease and desist and/or closure n) Disseminate information and conduct
order against the industry's operations except educational awareness and value formation
in the event such operation poses serious and programs and campaigns on the effects of
grave threat to the environment, or the water pollution on health and environment,
industry fails to institute retooling, upgrading or water quality management, and resource
establishing an environmental management conservation and recovery to encourage an
system (EMS). environmentally action-oriented society in
coordination with government agencies
g) Establish within twelve (12) months from the identified in Section 22 (f);
effectivity of this Act, internationally-accepted
 24

o) Promote. and encourage private and Each local government unit shall, through its
business sectors especially manufacturing and Environment and Natural Resources Office (ENRO)
processing plants the use of water quality established in Republic Act No.7160, have the following
management systems equipment, including but powers and functions:
not limited to, industrial wastewater treatment
collection and treatment facilities; a) Monitoring of water quality;

p) Report, on an annual basis, to Congress the, b) Emergency response;

quality status of water bodies and other
pertinent information and recommend possible c) Compliance with the framework of the Water
legislation, policies and programs for Quality Management Action Plan;
environmental management and water
pollution control; d) To take active participation in all efforts
concerning water quality protection and
q) Issue rules and regulations for the effective rehabilitation; and
implementation of the provisions of this Act;
e) To coordinate with other government
r) Issue orders against any person or entity and agencies and civil society and the concerned
impose fines, penalties and other sectors in the implementation of measures to
administrative sanctions to compel compliance prevent and control water pollution: Provided,
with water quality the provisions of this Act; however, That in
provinces/cities/municipalities where there are
s) Undertake appropriate protocol with other no environment and natural resources officers,
concerned agencies for immediate coordinated the local executive concerned may, with the
responses to water related emergency approval of the Secretary of the DENR
incidents; designate any of his official and/or chief of
office preferably the provincial, city or
t) Issue permits, clearances and similar municipal agriculturist, or any of his
instruments pursuant to this Act; and employee: Provided, finally, That in case an
employee is designated as such, he must have
u) Exercise such powers and perform such sufficient experience in environmental and
other functions as may be necessary to carry natural resources management, conservation
out the objectives of this Act and utilization.

The Department shall gradually devolve to the LGUs, SECTION 21. Business and Industry Role in
and to the governing boards the authority to administer Environmental Management. - The Department and the
some aspects of water quality management and LGUs, in coordination with the appropriate government
regulation, including, but not to be limited to, permit agencies. and in consultation with the business and
issuance, monitoring and imposition of administrative industrial sectors including commerce, shall formulate
penalties, when, upon the Department's determination, appropriate incentives for the adoption procedures that
the LGU or the governing board has demonstrated will preserve and protect our water bodies through the
readiness and technical capability to undertake such introduction of innovative equipment and processes
functions. that reduce if totally eliminate discharge of pollutants
into our water bodies.
SECTION 20. Role of Local Government Units. - Local
government units shall share the responsibility in the SECTION 22. Linkage Mechanism. - The Department
management and improvement of water quality within and its concerned attached agencies including LLDA
their territorial jurisdictions. shall coordinate and enter into agreement with other
government agencies, industrial sector and other
Each local government unit shall within six (6) months concerned sectors in the furtherance of the objectives
after the establishment of the water quality of this Act- The following agencies shall perform tile
management area action plan prepare a compliance functions specified hereunder:
scheme in, accordance thereof, subject to review and
approval of the governing board. a) Philippine Coast Guard in coordination with
DA and the Department shall enforce for the
 25

enforcement of water quality standards in Any record, report or information obtained under this
marine waters, set pursuant to this Act, section shall be made available to the public, except
specifically from offshore sources; upon a satisfactory showing to the Department by the,
entity concerned that the record, report, or information
b) DPWH through its attached agencies, such as or parts thereof, if made public, would divulge secret
the MWSS, LWUA, and including other urban methods or processes entitled to protection as
water utilities for the provision or sewerage and intellectual property. Such record, report or
sanitation facilities and the efficient and safe information shall likewise be incorporated in the
collection, treatment and disposal of sewage Department's industrial rating system. Pursuant to this
within their area of jurisdiction; Act, the Department, through it's authorized
representatives, shall have the right to: (a) enter any
c) DA, shall coordinate with the Department, in premises or to have access to documents and relevant
the formulation of guidelines for the re-use of materials as referred to in the herein preceding
wastewater for irrigation and other agricultural paragraph; (b) inspect any pollution or waste source,
uses and for the prevention, control and control device, monitoring equipment or method
abatement of pollution from agricultural and required; and (c) test any discharge.
aquaculture activities: Provided, That
discharges coming from non-point sources be In cases of fish kill incidence, the Bureau of Fisheries of
categorized and further defined pursuant to the DA, in the course of its investigation, may enter the
this Act: Provided, further, That the Bureau of premises of an establishment reported to have caused
Fisheries and Aquatic Resources (BFAR) of the said incident.
DA shall be primarily responsible for the
prevention and control of water pollution for SECTION 24. Pollution Research and Development
the development, management and Programs. - The Department, in coordination with the
conservation of the fisheries and aquatic Department of Science and Technology (DOST), other
resources; concerned agencies and academic research institutions,
shall establish a national research and development
d) DOH shall be primarily responsible for the program for the prevention and control of water
promulgation, revision and enforcement of pollution. As part of said program, the DOST shall
drinking water quality standards; conduct and promote the coordination and
acceleration of research, investigation, experiments,
e) DOST, in coordination with the Department training, survey and studies relating to the causes,
and other concerned agencies, shall prepare a extent, prevention and control of pollution among
program for the evaluation, verification, concerned government agencies and research
development and public dissemination of institutions.
pollution prevention and cleaner production
technologies; and CHAPTER 4
INCENTIVES AND REWARDS
f) Department of Education (DepEd),
Commission Higher Education (CHED), SECTION 25. Rewards. - Rewards, monetary or
Department of the Interior and Local otherwise, shall be provided to individuals, private
Government (DILG) and Philippine Information organization and entities, including civil society, that
Agency (PIA) shall assist and coordinate with have undertaken outstanding and innovative projects,
the Department in, the preparation and technologies, processes and techniques or activities in
implementation of a comprehensive program water quality management. Said rewards shall be
pursuant to the objectives of this Act. sourced from the Water Quality Management Fund
herein created.
SECTION 23. Requirement of Record-keeping, Authority
for Entry to Premises and Access to Documents. - The SECTION 26. Incentives Scheme. - An incentive scheme
Department or its duly authorized representative shall, is hereby provided for the purpose of encouraging
after proper consultation and notice, require any LGUs, water districts (WDs), enterprises, or private
person who owns or operates any pollution source or entities, and individuals, to develop or undertake an
who is subject to. any requirement of this Act to submit effective water quality management, or actively
reports and other written information as may be participate in any program geared towards the
required by the department. promotion thereof as provided in this Act.
 26

A. Non-fiscal incentive 2. Tax Credit on Domestic Capital Equipment. -

Within ten (10) years from the effectivity of this
1. Inclusion in the Investments Priority Plan Act, a tax credit equivalent to one hundred
(IPP). - Subject to the rules and regulations of percent (100%) of the value of the national
the Board of Investments (BOI), industrial internal revenue taxes and customs duties that
wastewater treatment and/or adoption of would have been waived on the machinery,
water pollution control technology, cleaner equipment, and spare parts, had these items
production and waste minimization technology been imported shall be given to enterprises or
shall be classified as preferred areas of private entities and individuals, subject to the
investment under its annual priority plan and same conditions and prohibition cited in the
shall enjoy the applicable fiscal and non-fiscal preceding paragraph.
incentives as may be provided for under the
Omnibus Investment Code, as amended. 3. Tax and Duty Exemption of Donations,
Legacies and Gifts. - All legacies, gifts and
Fiscal Incentives donations to LGUs, WDs, enterprises, or private
entities and individuals, for the support and
1. Tax and Duty Exemption on Imported Capital maintenance of the program for effective water
Equipment. - Within ten 10) years upon the quality management shall be exempt from
effectivity of this Act, LGUs, WDs, enterprises or donor's tax and shall be deductible from the
private entities shall enjoy tax-and-duty-free gross income of the donor for income tax
importation of machinery, equipment and purposes.
spare parts used for industrial wastewater
treatment/collection and treatment facilities: Imported articles donated to, or for the account
Provided, That the importation of such of any LGUs, WDs, local water utilities,
machinery, equipment and spare parts shall enterprises, or private entities and individuals
comply with the following conditions: to be exclusively used for water quality
management programs shall be exempted from
a) They are not manufactured the payment of customs duties and applicable
domestically in sufficient quantity, of internal revenue taxes.
comparable quality and at reasonable
prices; Industrial wastewater treatment and/or
installation of water pollution control devices
b) They are reasonably needed and will shall be classified as pioneer and preferred
be used actually, directly and areas of investment under the BOI's annual
exclusively for the above mentioned priority plan and shall enjoy- the applicable
activities; and fiscal and non-fiscal incentives as may be
provided for under the Omnibus Investment
c) Written endorsement by the Code, as amended.
Department that the importation of
such machinery, equipment and spare B. Financial Assistance Program
parts would be beneficial to
environmental protection and Government financial institutions such as the
management: Provided, further, That Development Bank of the Philippines, Land
the sale, transfer or disposition of such Bank of the Philippines, Government Service
machinery, equipment and spare parts Insurance System, and such other government
without prior approval of the BOI institutions providing financial services shall, in
within five (5) years from the date of accordance with and to the extent allowed by
acquisition shall be prohibited, the enabling provisions of their respective
otherwise the LGU concerned, WD, charters or applicable laws, accord high priority
enterprise or private entity and the to extend financial services to LGUs, WDs,
concerned vendee, transferee or enterprises, or private entities engaged in
assignee shall be solidarity liable to pay sewage collection and treatment facilities.
twice the amount of tax and duty
exemption given it. C. Extension or Grants to LGUs
 27

Cities and municipalities which shall establish or prohibited chemicals, substances or pollutants
operate sewerage facilities may be entitled to receive listed under R. A. No. 6969 into water bodies or
grants for the purpose of developing technical wherein the same shall be liable to be washed
capabilities. into such surface, ground, coastal, and marine
water;
CHAPTER 5
CIVIL LIABILITY/PENAL PROVISIONS h) Undertaking activities or development and
expansion of projects, or operating
SECTION 27. Prohibited Acts. - The following acts are wastewater/sewerage facilities in violation of
hereby prohibited: Presidential Decree. No.1586 and its
implementing rules, and regulations;
a) Discharging, depositing or causing to be
deposited material of any kind directly or i) Discharging regulated water pollutants
indirectly into the water bodies or along the without the valid required discharge permit
margins of any surface water, where, the same pursuant to this Act or after the permit was
shall be liable to be washed into such surface revoked for any violation of condition therein;
water, either by tide action or by storm, floods
or otherwise, which could cause water j) Non-compliance of the LGU with the Water
pollution or impede natural flow in the water Quality Framework and Management Area
body; Action Plan. In such a case, sanctions shall be
imposed on the local government officials
b) Discharging, injecting or allowing to seep into concerned;
the soil or sub-soil any substance in any form
that would pollute groundwater. In the case of k) Refusal to allow entry, inspection and
geothermal projects, and subject to the monitoring by the Department in accordance
approval of the Department, regulated with this Act;
discharge for short- term activities (e.g. well
testing, flushing, commissioning, venting) and l) Refusal to allow access by the Department to
deep re-injection of geothermal liquids may be relevant reports and records in accordance
allowed: Provided, That safety measures are with this Act;
adopted to prevent the contamination of the
groundwater; m) Refusal or failure to submit reports
whenever required by the Department in
c) Operating facilities that discharge regulated accordance with this Act;
water pollutants without the valid required
permits or after the permit was revoked for any n) Refusal or failure to designate pollution
violation of any condition therein; control officers whenever required by, the
Department in accordance with this Act; and
d) Disposal of potentially infectious medical
waste into sea water by vessels unless the o) Directly using booster pumps in the
health or safety of individuals on board the distribution system or tampering with the
vessel is threatened by a great and imminent water supply in such a way as to alter or impair
peril; the water quality.

e) Unauthorized transport or dumping into sea SECTION 28. Fines, Damages and Penalties. - Unless
waters of sewage sludge or solid waste as otherwise provided herein, any person who commits
defined under Republic Act No.9003; any of the prohibited acts provided in the immediately
preceding section or violates any of the provision of this
f) Transport, dumping or discharge of Act or its implementing rules and regulations, shall be
prohibited chemicals, substances or pollutants fined by the Secretary, upon the recommendation of
listed under Republic Act No.6969; the PAB in the amount of not less than Ten thousand
pesos (P10,000.00) nor more than Two hundred
g) Operate facilities that discharge or allow to thousand pesos (P200,000.00) for every day of
seep, willfully or through gross negligence, violation. The fines herein prescribed shall be increased
 28

by ten percent (10%) every two (2) years to compensate than ten {10) years, or both, at the discretion of the
for inflation and to maintain the deterrent function of court. If the offender is a juridical person, the president,
such fines: Provided, That the Secretary, upon manager and the pollution control officer or the official
recommendation of the PAB may order the closure, in charge of the operation shall suffer the penalty
suspension of development or construction, or herein provided.
cessation of operations or, where appropriate
disconnection of water supply, until such time that For violations falling under Section 4 of Presidential
proper environmental safeguards are put in place Decree No.979 or any regulations prescribed in
and/or compliance with this Act or its rules and pursuance thereof, such person shall be liable for a fine
regulations are undertaken. This paragraph shall be of no1 less than Fifty thousand pesos {P50,000.00) nor
without prejudice to the issuance of an ex parte order more than One million pesos (P1,000,000.00) or by
for such closure, suspension of development or imprisonment of not less than one {1) year nor more
construction, or cessation of operations during the than six (6) years or both, for each offense, without
pendency of the case. prejudice to the civil liability of the offender in
accordance with existing laws. If the offender is a
Failure to undertake clean-up operations, willfully, or juridical entity, then its officers, directors, agents or any
through gross negligence, shall be punished by person primarily responsible shall be held
imprisonment of not less than two (2) years and not liable: Provided, That any vessel from which oil or other
more than four (4) years and a fine not less than Fifty harmful substances are discharged in violation of
thousand pesos (P50,000.00) and not more than One Section 4 of Presidential Decree No.979 shall be liable
hundred thousand pesos (P100,000.00) per day for for penalty of fine specified in the immediately
each day of violation. Such failure or refusal which preceding paragraph and clearance of such vessel from
results in serious injury or loss of life and/or irreversible the port of the Philippines may be withheld until the
water contamination of surface, ground, coastal and fine is paid and such penalty shall constitute a lien on
marine water shall be punished with imprisonment of such vessel which may be recovered in proceedings by
not less than six (6) years and one day and not more libel in rem in the proper court which the vessel may be.
than twelve (12) years, and a fine of Five Hundred The owner or operator of a vessel or facility which
Thousand Pesos (P500,000.00) per day for each day discharged the oil or other harmful substances will be
during which the omission and/or contamination liable to pay for any clean-up costs.
continues.
Provided, finally, That water pollution cases involving
In case of gross violation of this Act, the PAB shall issue acts or omissions --- committed within the Laguna Lake
a resolution recommending that the proper Region shall be dealt with in accordance with the
government agencies file criminal charges against the procedure under R. A. No.4850 as amended.
violators. Gross violation shall mean any of the
following: SECTION 29. Administrative Sanctions Against Non-
compliance with the Water Quality Management Area
a) deliberate discharge of toxic pollutants Action Plan. - Local government officials concerned shall
identified pursuant to Republic Act No.6969 in be subject to Administrative sanctions incase of failure
toxic amounts; to comply with their action plan accordance with the
relevant provisions of R.A. No. 7160.
b) five {5) or more violations within a period of
two (2) years; or CHAPTER 6
ACTIONS
c) blatant disregard of the orders of the PAB,
such as the non-payment of fines, breaking of SECTION 30. Administrative Action. - Without prejudice
seals or operating despite the existence of an to the right of any affected person to file an
order for closure, discontinuance or cessation administrative action, the Department shall, on its own
of operation. instance or upon verified complaint by any person,
institute administrative proceedings in the proper
In which case, offenders shall be punished with a fine of forum against any person who violates:
not less than Five hundred thousand pesos
(P500,000.00) but not more than Three million pesos a) Standards or limitations provided by this
(P3,000,000.00} per day for each day of violation or Act; or
imprisonment of not less than six {6) years but not more
 29

b) By any such order, rule or regulation issued techniques, more effective institutional
by the Department with respect to such arrangement and indigenous and improved
standard or limitation. methods of waste reduction, collection,
separation and recovery;
REPUBLIC ACT 9003 - Ecological Solid Waste
Management Act of 2000 (f) Encourage greater private sector
participation in solid waste management;
January 26, 2001
(g) Retain primary enforcement and
AN ACT PROVIDING FOR AN ECOLOGICAL responsibility of solid waste management with
SOLID WASTE MANAGEMENT PROGRAM, local government units while establishing a
CREATING THE NECESSARY INSTITUTIONAL cooperative effort among the national
MECHANISMS AND INCENTIVES, DECLARING government, other local government units,
CERTAIN ACTS PROHIBITED AND PROVIDING non- government organizations, and the
PENALTIES, APPROPRIATING FUNDS private sector;
THEREFOR, AND FOR OTHER PURPOSES
(h) Encourage cooperation and self-regulation
Section 1. Short Title - This Act shall be known as the among waste generators through the
"Ecological Solid Waste Management Act of 2000." application of market-based instruments;

Section 2. Declaration of Policies - It is hereby declared (i) Institutionalize public participation in the
the policy of the State to adopt a systematic, development and implementation of national
comprehensive and ecological solid waste and local integrated, comprehensive, and
management program which shall: ecological waste management programs; and

(a) Ensure the protection of the public health (j) Strength the integration of ecological solid
and environment; waste management and resource conservation
and recovery topics into the academic
(b) Utilize environmentally-sound methods curricula of formal and non-formal education
that maximize the utilization of valuable in order to promote environmental awareness
resources and encourage resource and action among the citizenry.
conservation and recovery;
Article 2
(c) Set guidelines and targets for solid waste Definition of Terms
avoidance and volume reduction through
source reduction and waste minimization Section 3. Definition of Terms - For the purposes of this
measures, including composting, recycling, re- Act:
use, recovery, green charcoal process, and
others, before collection, treatment and (a) Agricultural waste shall refer to waste
disposal in appropriate and environmentally generated from planting or harvesting of
sound solid waste management facilities in crops, trimming or pruning of plants and
accordance with ecologically sustainable wastes or run-off materials from farms or
development principles; fields;

(d) Ensure the proper segregation, collection, (b) Bulky wastes shall refer to waste materials
transport, storage, treatment and disposal of which cannot be appropriately placed in
solid waste through the formulation and separate containers because of either its bulky
adoption of the best environmental practice in size, shape or other physical attributes. These
ecological waste management excluding include large worn-out or broken household,
incineration; commercial, and industrial items such as
furniture, lamps, bookcases, filing cabinets,
(e) Promote national research and and other similar items;
development programs for improved solid
waste management and resource conservation
 30

(c) Bureau shall refer to the Environmental (o) Generator shall refer to a person, natural
Management Bureau; or juridical, who last uses a material and
makes it available for disposal or recycling;
(d) Buy-back center shall refer to a recycling
center that purchases of otherwise accepts (p) Hazardous waste shall refer to solid waste
recyclable materials from the public for the management or combination of solid waste
purpose of recycling such materials; which because of its quantity, concentration
or physical, chemical or infectious
(e) Collection shall refer to the act of removing characteristics may:
solid waste from the source or from a
communal storage point; (1) cause, or significantly contribute to
an increase in mortality or an increase
(f) Composting shall refer to the controlled in serious irreversible, or
decomposition of organic matter by micro- incapacitating reversible, illness; or
organisms, mainly bacteria and fungi, into a
humus-like product; (2) pose a substantial present or
potential hazard to human health or
(g) Consumer electronics shall refer to special the environment when improperly
waste that includes worn-out, broken, and treated, stored, transported, or
other discarded items such as radios, stereos, disposed of, or otherwise managed;
and TV sets;
(q) Leachate shall refer to the liquid produced
(h) Controlled dump shall refer to a disposal when waste undergo decomposition, and
site at which solid waste is deposited in when water percolate through solid waste
accordance with the minimum prescribed undergoing decomposition. It is contaminated
standards of site operation; liquid that contains dissolved and suspended
materials;
(i) Department shall refer to the Department
of Environment and Natural Resources; (r) Materials recovery facility - includes a solid
waste transfer station or sorting station, drop-
(j) Disposal shall refer to the discharge, off center, a composting facility, and a
deposit, dumping, spilling, leaking or placing of recycling facility;
any solid waste into or in an land;
(s) Municipal waste shall refer to wastes
(k) Disposal site shall refer to a site where solid produced from activities within local
waste is finally discharged and deposited; government units which include a combination
of domestic, commercial, institutional and
(l) Ecological solid waste management shall industrial wastes and street litters;
refer to the systematic administration of
activities which provide for segregation at (t) Open dump shall refer to a disposal area
source, segregated transportation, storage, wherein the solid wastes are indiscriminately
transfer, processing, treatment, and disposal thrown or disposed of without due planning
of solid waste and all other waste and consideration for environmental and
management activities which do not harm the Health standards;
environment;
(u) Opportunity to recycle shall refer to the act
(m) Environmentally acceptable shall refer to of providing a place for collecting source-
the quality of being re-usable, biodegradable separated recyclable material, located either
or compostable, recyclable and not toxic or at a disposal site or at another location more
hazardous to the environment; convenient to the population being served,
and collection at least once a month of source-
(n) Generation shall refer to the act or process separated recyclable material from collection
of producing solid waste; service customers and to providing a public
education and promotion program that gives
notice to each person of the opportunity to
 31

recycle and encourage source separation of services: Provided, That the collection,
recyclable material; segregation and re-use of previously used
packaging material shall be deemed recycling
(v) Person(s) shall refer to any being, natural or under this Act;
judicial, susceptible of rights and obligations,
or of being the subject of legal relations; (cc) Resource conversation shall refer to the
reduction of the amount of solid waste that
(w) Post-consumer material shall refer only to are generated or the reduction of overall
those materials or products generated by a resource consumption, and utilization of
business or consumer which have served their recovered resources;
intended end use, and which have been
separated or diverted from solid waste for the (dd) Resources recovery shall refer to the
purpose of being collected, processed and collection, extraction or recovery of recyclable
used as a raw material in the manufacturing of materials from the waste stream for the
recycled product, excluding materials and by- purpose of recycling, generating energy or
products generated from, and by-products producing a product suitable for beneficial
generated from, and commonly used within an use: Provided, That such resource recovery
original manufacturing process, such as mill facilities exclude incineration;
scrap;
(ee) Re-use shall refer to the process of
(x) Receptacles shall refer to individual recovering materials intended for the same or
containers used for the source separation and different purpose without the alteration of
the collection of recyclable materials; physical and chemical characteristics;

(y) Recovered material shall refer to material (ff) Sanitary landfill shall refer to a waste
and by products that have been recovered or disposal site designed, constructed, operated
diverted from solid waste for the purpose of and maintained in a manner that exerts
being collected, processed and used as a raw engineering control over significant potential
material in the manufacture of a recycled environment impacts arising from the
product; development and operation of the facility;

(z) Recyclable material shall refer to any waste (gg) Schedule of Compliance shall refer to an
material retrieved from the waste stream and enforceable sequence of actions or operations
free from contamination that can still be to be accomplished within a stipulated time
converted into suitable beneficial use or for frame leading to compliance with a limitation,
other purposes, including, but not limited to, prohibition or standard set forth in this Act or
newspaper, ferrous scrap metal, non-ferrous any rule of regulation issued pursuant thereto;
scrap metal, used oil, corrugated cardboard,
aluminum, glass, office paper, tin cans and (hh) Secretary landfill shall refer to the
other materials as may be determined by the Secretary of the Department of Environment
Commission; and Natural Resources;

(aa) Recycled material shall refer to post- (ii) Segregation shall refer to a solid waste
consumer material that has been recycled and management practice of separating different
returned to the economy; materials found in solid waste in order to
promote recycling and re-use of resources and
(bb) Recycling shall refer to the treating of to reduce the volume of waste for collection
used or waste materials through a process of and disposal;
making them suitable for beneficial use and
for other purposes, and includes any process (jj) Segregation at source shall refer to a solid
by which solid waste materials are waste management practice of separating, at
transformed into new products in such a the point of origin, different materials found in
manner that the original product may lose solid waste in order to promote recycling and
their identity, and which maybe used as raw re-use of resources and to reduce the volume
materials for the production of other goods or of waste for collection and disposal;
 32

(kk) Solid waste shall refer to all discarded component thereof; any system, program, or
household, commercial waste, non-hazardous facility for resource conservation; any facility
institutional and industrial waste, street for the collection, source separation, storage,
sweepings, construction debris, agricultural transportation, transfer, processing,
waste, and other non-hazardous/non-toxic treatment, or disposal of solid waste;
solid waste.
(nn) Source reduction shall refer to the
Unless specifically noted otherwise, the term reduction of solid waste before it enters the
"solid waste" as used in this Act shall not solid waste stream by methods such as
include: product design, materials substitution,
materials re-use and packaging restrictions;
(1) Waste identified or listed as
hazardous waste of a solid, liquid, (oo) Source separation shall refer to the
contained gaseous or semisolid form sorting of solid waste into some or all of its
which may cause or contribute to an component parts at the point of generation;
increase in mortality or in serious or
incapacitating reversible illness, or (pp) Special wastes shall refer to household
acute/chronic effect on the health of hazardous wastes such as paints, thinners,
persons and other organisms; household batteries, lead-acid batteries, spray
canisters and the like. These include wastes
(2) Infectious waste from hospitals from residential and commercial sources that
such as equipment, instruments, comprise of bulky wastes, consumer
utensils, and fomites of a disposable electronics, white goods, yard wastes that are
nature from patients who are collected separately, batteries, oil, and tires.
suspected to have or have been These wastes are usually handled separately
diagnosed as having communicable from other residential and commercial wastes;
diseases and must therefore be
isolated as required by public health (qq) Storage shall refer to the interim
agencies, laboratory wastes such as containment of solid wastes after generation
pathological specimens (i.e. all tissues, and prior to collection for ultimate recovery or
specimens of blood elements, excreta, disposal;
and secretions obtained from patients
or laboratory animals) and disposable (rr) Transfer stations shall refer to those
fomites that may harbor or transmit facilities utilized to receive solid wastes,
pathogenic organisms, and surgical temporarily store, separate, convert, or
operating room pathologic materials otherwise process the materials in the solid
from outpatient areas and emergency wastes, or to transfer the solid wastes directly
rooms; and from smaller to larger vehicles for transport.
This term does not include any of the
(3) Waste resulting from mining following:
activities, including contaminated soil
and debris. (1) a facility whose principal function is
to receive, store, separate, convert or
(ll) Solid waste management shall refer to the otherwise process in accordance with
discipline associated with the control of national minimum standards, manure;
generation, storage, collection, transfer and
transport, processing, and disposal of solid (2) a facility, whose principal function
wastes in a manner that is in accord with the is to receive, store, convert, or
best principles of public health, economics, otherwise process wastes which have
engineering, conservation, aesthetics, and already been separated for re-use and
other environmental considerations, and that are intended for disposals, and
is also responsive to public attitudes;
(3) the operations premises of a duly
(mm) Solid waste management facility shall licensed solid waste handling operator
refer to any resource recovery system or who is receives, stores, transfers, or
 33

otherwise processes wastes as an (8) Metro Manila Development Authority

activity incidental to the conduct of a (MMDA);
refuse collection and disposal
business. (9) League of provincial governors;

(ss) Waste diversion shall refer to activities (10) League of city mayors;
which reduce or eliminate the amount of solid
waste from waste disposal facilities; (11) League of municipal mayors;

(tt) White goods shall refer to large worn-out (12) Association of barangay councils;
or broken household, commercial, and
industrial appliances such as stoves, (13) Technical Education and Skills
refrigerators, dishwashers, and clothes Development Authority (TESDA); and
washers and dryers collected separately.
White goods ate usually dismantled for the (14) Philippine Information Agency.
recovery of specific materials (e.g., copper,
aluminum, etc.); The private sector shall be represented by the
following:
(uu) Yard waste shall refer to wood, small or
chipped branches, leaves, grass clippings, (a) A representative from nongovernment
garden debris, vegetable residue that is organizations (NGOs) whose principal purpose
recognized as part of a plant or vegetable and is to promote recycling and the protection of
other materials identified by the Commission. air and water quality;

CHAPTER II (b) A representative from the recycling

INSTITUTIONAL MECHANISM industry; and

Section 4. National Solid Waste Management (c) A representative from the manufacturing or
Commission - There is hereby established a National packaging industry;
Solid Waste Management Commission, hereinafter
referred to as the Commission, under the Office of the The Commission may, from time to time, call on any
President. The Commissioner shall be composed of other concerned agencies or sectors as it may deem
fourteen (14) members from the government sector necessary.
and three members from the private sector. The
government sector shall be represented by the heads Provided, That representatives from the NGOs,
of the following agencies in their ex officio capacity: recycling and manufacturing or packaging industries
shall be nominated through a process designed by
(1) Department of Environment and Natural themselves and shall be appointed by the President for
Resources (DENR); a term of three (3) years.

(2) Department of the Interior and Local Provided, further, That the Secretaries of the member
Government (DILG); agencies of the Commission shall formulate action
plans for their respective agencies to complement the
(3) Department of Science and Technology National Solid Waste Management Framework.
(DOST);
The Department Secretary and a private sector
(4) Department of Public Works and Highways representative of the Commission shall serve as
(DPWH); chairman and vice chairman, respectively. The private
sector representatives of the Commission shall be
(5) Department of Health (DOH); appointed on the basis of their integrity, high decree of
professionalism and having distinguished themselves
(6) Department of Trade and Industry (DTI); in environmental and resource management. The
members of the Commission shall serve and continue
(7) Department of Agriculture (DA); to hold office until their successors shall have been
 34

appointed and qualified. Should a member of the disposal facilities through re-use, recycling,
Commission fail to complete his/her term, the and composting, and other environment-
unexpired portion of the term. Finally, the members friendly methods;
shall be entitled to reasonable traveling expenses and
honoraria. (i) Develop a mechanism for the imposition of
sanctions for the violations environmental
The Department, through the Environmental rules and regulations;
Management Bureau, shall provide secretariat support
to the Commission. The Secretariat shall be headed by (j) Manage the Solid Waste Management
an executive director who shall be nominated by the Fund;
members of the Commission and appointed by the
chairman. (k) Develop and prescribe procedures for the
issuance of appropriate permits and
Section 5. Powers and Functions of the Commission - clearances.
The Commission shall oversee the implementation of
solid waste management plans and prescribe policies (l) Review the incentives scheme for effective
to achieve the objectives of this Act. The Commission solid waste management, for purpose of
shall undertake the following activities. ensuring relevance and efficiency in achieving
the objectives of this Act;
(a) Prepare the national solid waste
management framework; (m) Formulate the necessary education
promotion and information campaign
(b) Approve local solid waste management strategies;
plans in accordance with its rules and
regulations; (n) Establish, after notice and hearing of the
parties concerned, standards, criteria,
(c) Review and monitor the implementation of guidelines, and formula that are fair, equitable
local solid waste management plans; and reasonable, in establishing tipping charges
and rates that the proponent will charge in the
(d) Coordinate the operation of local solid operation and management of solid waste
waste management boards in the provincial management facilities and technologies.
and city/municipal levels;
(o) Develop safety nets and alternative
(e) To the maximum extent feasible, utilizing livelihood programs for small recyclers and
existing resources, assist provincial, city and other sectors that will be affected as a result
municipal solid waste management plans; of the construction and/or operation of solid
waste management recycling plant or facility.
(f) Develop a model provincial, city and
municipal solid waste management plan that (p) Formulate and update a list of non-
will establish prototypes of the content and environmentally acceptable materials in
format which provinces, cities and accordance with the provisions of this Act. For
municipalities may use in meeting the this purpose, it shall be necessary that proper
requirements of the National Solid Waste consultation be conducted by the Commission
Management Framework; with all concerned industries to ensure a list
that is based on technological and economic
(g) Adopt a program to provide technical and viability.
other capability building assistance and
support to local government units in the (q) Encourage private sector initiatives,
development and implementation of source community participation and investments
reduction programs; resource recovery-based livelihood programs
for local communities.
(h) Develop and implement a program to assist
local government units in the identification of (r) Encourage all local government agencies
markets for materials that are diverted from and all local government units to patronize
 35

products manufactured using recycled and (2) of processors/recyclers, the list of

recyclable materials; materials being recycled or bought by
them and their respective prices;
(s) Propose and adopt regulations requiring
the source separation and post separation (c) Promote the development of a recycling
collection, segregated collection, processing, market through the establishment of a
marketing and sale of organic and designated national recycling network that will enhance
recyclable material generated in each local the opportunity to recycle;
government unit; and
(d) Provide or facilitate expert assistance in
(t) Study and review of the following: pilot modeling of solid waste management
facilities; and
(i) Standards, criteria and guidelines
for promulgation and implementation (e) Develop, test, and disseminate model
of an integrated national solid waste waste minimization and reduction auditing
management framework; and procedures for evaluating options.

(ii) Criteria and guidelines for siting, The National Ecology Center shall be headed by the
design, operation and maintenance of director of the Bureau in his ex officio capacity. It shall
solid waste management facilities. maintain a multi-sectoral, multi-disciplinary pool of
experts including those from the academe, inventors,
Section 6. Meetings - The Commission shall meet at practicing professionals, business and industry, youth ,
least once a month. The presence of at least a majority women and other concerned sectors, who shall be
of the members shall constitute a quorum. The screened according to qualifications set by the
chairman, or in his absence the vice-chairman, shall be Commission.
the presiding officer. In the absence of the heads of
the agencies mentioned in Sec. 4 of this Act, they may Section 8. Role of the Departmen. - For the furtherance
designate permanent representatives to attend the of the objectives of this Act, the Department shall have
meetings. the following functions:

Section 7. The National Ecology Center - There shall be (a) Chair the Commission created pursuant to
established a National Ecology Center under the this Act;
Commission which shall provide consulting,
information, training, and networking services for the (b) Prepare an annual National Solid Waste
implementation of the provisions of this Act. Management Status Report;

In this regard, it shall perform the following functions: (c) Prepare and distribute information,
education and communication materials on
(a) Facilitate training and education in solid waste management;
integrated ecological solid waste
management; (d) Establish methods and other parameters
for the measurement of waste reduction,
(b) Establish and manage a solid waste collection and disposal;
management information data base, in
coordination with the DTI and other (e) Provide technical and other capability
concerned agencies: building assistance and support to the LGUs in
the development and implementation of local
(1) on solid waste generation and solid waste management plans and programs;
management techniques as well as the
management, technical and (f) Recommend policies to eliminate barriers
operational approaches to resource to waste reduction programs;
recovery; and
(g) Exercise visitorial and enforcement powers
to ensure strict compliance with this Act;
 36

(h) Perform such other powers and functions (d) The provincial environment and natural
necessary to achieve the objectives of this Act; resources officer;
and
(e) The provincial engineer;
(i) Issue rules and regulations to effectively
implement the provisions of this Act. (f) Congressional representatives from each
congressional district within the province;
Section 9. Visitorial Powers of the Department. - The
Department or its duly authorized representative shall (g) A representative from the NGO sector
have access to, and the right to copy therefrom, the whose principal purpose is to promote
records required to be maintained pursuant to the recycling and the protection of air and water
provisions of this Act. The Secretary or the duly quality;
authorized representative shall likewise have the right
to enter the premises of any generator, recycler or (h) A representative from the recycling
manufacturer, or other facilities any time to question industry;
any employee or investigate any fact, condition or
matter which may be necessary to determine any (i) A representative from the manufacturing or
violation, or which may aid in the effective packaging industry; and
enforcement of this Act and its implementing rules and
regulations. This Section shall not apply to private (j) A representative of each concerned
dwelling places unless the visitorial power is otherwise government agency possessing relevant
judicially authorized. technical and marketing expertise as may be
determined by the board.
Section 10. Role of LGUs in Solid Waste Management -
Pursuant to the relevant provisions of R.A. No. 7160, The Provincial Solid Waste Management Board may,
otherwise known as the Local government code, the from time to time, call on any other concerned
LGUs shall be primarily responsible for the agencies or sectors as it may deem necessary.
implementation and enforcement of the provisions of
this Act within their respective jurisdictions. Provided, That representatives from the NGOs,
recycling and manufacturing or packaging industries
Segregation and collection of solid waste shall be shall be selected through a process designed by
conducted at the barangay level specifically for themselves and shall be endorsed by the government
biodegradable, compostable and reusable agency of representatives of the
wastes: Provided, That the collection of non-recyclable Board: Provided, further, that in the Province of
materials and special wastes shall be the responsibility Palawan, the Board shall be chaired by the chairman of
of the municipality or city. the Palawan Council for Sustainable Development,
pursuant to Republic Act No. 7611.
Section 11. Provincial Solid Waste Management
Board - A Provincial Solid Waste Management board In the case of Metro Manila, the Board shall be chaired
shall be established in every province, to be chaired by by the chairperson of the MMDA and its members
the governor. Its members shall include: shall include:

(a) All the mayors of its component cities and (i) all mayors of its component cities and
municipalities; municipalities;

(b) One (1) representative from the (ii) a representative from the NGO sector
Sangguniang Panlalawigan to be represented whose principal purpose is to promote
by the chairperson of either the Committees recycling and the protection of air and water
on Environment or Health or their equivalent quality;
committees, to be nominated by the presiding
officer; (iii) a representative from the recycling
industry; and
(c) The provincial health and/or general
services officers, whichever may be
recommended by the governor;
 37

(iv) a representative from the manufacturing planning local solid waste management
or packaging industry. services in accordance with Section 41 hereof;

The Board may, from time to time, call on any other (6) Coordinate the efforts of the component
concerned agencies or sectors as it may deem cities and municipalities in the implementation
necessary. of the Provincial Solid Waste Management
Plan;
Provided, That representatives from the NGOs,
recycling and manufacturing or packaging industries (7) Develop an appropriate incentive scheme
shall be selected through a process designed by as an integral component of the Provincial
themselves and shall be endorsed by the government Solid Waste Management Plan;
agency representatives of the Board.
(8) Convene joint meetings of the provincial,
The Provincial Solid Waste Management Board shall city and municipal solid waste management
have the following functions and responsibilities: boards at least every quarter for purposes of
integrating, synchronizing, monitoring and
(1) Develop a provincial solid waste evaluating the development and
management plan from the submitted solid implementation of its provincial solid waste
waste management plans of the respective management plan;
city and municipal solid waste management
boards herein created. It shall review and (9) Represent any of its component city or
integrate the submitted plans of all its municipality in coordinating its resource and
component cities and municipalities and operational requirements with agencies of the
ensure that the various plan complement each national government;
other, and have the requisite components. The
Provincial Solid Waste Management Plan shall (10) Oversee the implementation of the
be submitted to the Commission for approval. Provincial Solid Waste Management Plant;

The Provincial Plans shall reflect the general (11) Review every two (2) years or as the need
program of action and initiatives of the arises the Provincial Solid Waste Management
provincial government and implementing a Plan for purposes of ensuring its sustainability,
solid waste management program that would viability, effectiveness and relevance in
support the various initiatives of its relation to local and international
component cities and municipalities. development in the field of solid waste
management; and
(2) Provide the necessary logistical and
operational support to its component cities (12) Allow for the clustering of LGUs for the
and municipalities in consonance with solution of common solid waste management
subsection (f) of Sec.17 of the Local problems.
Government Code;
Section 12. City and Municipal Solid Waste
(3) Recommend measures and safeguards Management Board - Each city or municipality shall
against pollution and for the preservation of form a City or Municipal Waste Management Board
the natural ecosystem; that shall prepare, submit and implement a plan for
the safe and sanitary management of solid waste
(4) Recommend measures to generate generated in areas under in geographic and political
resources, funding and implementation of coverage.
project and activities as specified in the duly
approved solid waste management plans; The City or Municipal Solid Waste Management Board
shall be composed of the city or municipal mayor as
(5) Identify areas within its jurisdiction which head with the following as members:
have common solid waste management
problems and are appropriate units are a) One (1) representative of Sangguniang
Panlungsod or the Sangguniang Bayan,
 38

preferably chairpersons of either the (3) Monitor the implementation of the City or
Committees on Environment or Health, who Municipal Solid Waste Management Plan
will be designated by the presiding officer; through its various political subdivisions and in
cooperation with the private sector and the
b) President of the Association of Barangay NGOs;
Councils in the municipality or city;
(4) Adopt specific revenue-generating
c) Chairperson of the Sangguniang Kabataan measures to promote the viability of its Solid
Federation; Waste Management Plan;

d) A representative from NGOs whose (5) Convene regular meetings for purposes of
principal purpose is to promote recycling and planning and coordinating the implementation
the protection of air and water quality; of the solid waste management plans of the
respective component barangays;
e) A representative from the recycling
industry; (6) Oversee the implementation of the City or
Municipal Solid Waste Management Plan;
f) A representative from the manufacturing or
packaging industry; and (7) Review every two (2) years or as the need
arises the City or Municipal Solid Waste
g) A representative of each concerned Management Plan for purposes of ensuring its
government agency possessing relevant sustainability, viability, effectiveness and
technical and marketing expertise as may be relevance in relation to local and international
determined by the Board. developments in the field of solid waste
management;
The City or Municipal Solid Waste Management Board
may, from time to time, call on any concerned (8) Develop the specific mechanics and
agencies or sectors as it may deem necessary. guidelines for the implementation of the City
or Municipal Solid Waste Management Plan;
Provided, That representatives from NGOs, recycling
and manufacturing or packaging industries shall be (9) Recommended to appropriate local
selected through a process designed by themselves government authorities specific measures or
and shall be endorsed by the government agency proposals for franchise or build-operate-
representatives of the Board. transfer agreements with duly recognized
institutions, pursuant to R.A.6957, to provide
The City and Municipal Solid Waste Management either exclusive or non-exclusive authority for
Boards shall have the following duties and the collection, transfer, storage, processing,
responsibilities: recycling or disposal of municipal solid waste.
The proposals shall take into consideration
(1) Develop the City or Municipal Solid Waste appropriate government rules and regulations
Management Plan that shall ensure the long- on contracts, franchise and build-operate-
term management of solid waste, as well as transfer agreements;
integrate the various solid waste management
plans and strategies of the barangays in its (10) Provide the necessary logistical and
area of jurisdiction. In the development of the operational support to its component cities
Solid Waste Management Plan, it shall conduct and municipalities in consonance with
consultations with the various sectors of the subsection (f) of Sec. 17 of the Local
community; Government Code;

(2) Adopt measures to promote and ensure (11) Recommended measures and safeguards
the viability and effective implementation of against pollution and for the preservation of
solid waste management programs in its the natural ecosystem; and
component barangays;
 39

(12) Coordinates the efforts of its components (e) Population density, distribution and
barangays in the implementation of the city or projected growth;
municipal Solid Waste Management Plan.
(f) The political, economic, organizational,
Section13. Establishment of Multi-Purpose financial and management problems affecting
Environment Cooperatives or Association in Every LGU - comprehensive solid waste management;
Multi-purpose cooperatives and associations that shall
undertake activities to promote the implementation (g) Systems and techniques of waste
and/ or directly undertake projects in compliance with reduction, re-use and recycling;
the provisions of this Act shall be encouraged and
promoted in every LGU. (h) Available markets for recyclable materials;

CHAPTER III (i) Estimated cost of collecting, storing,

COMPREHENSIVE SOLID WASTE MANAGEMENT transporting, marketing and disposal of wastes
and recyclable materials; and
Article 1
General Provisions (j) Pertinent qualitative and quantitative
information concerning the extent of solid
Section 14. National Solid Waste Management Status waste management problems and solid waste
Report - The Department, in coordination with the management activities undertaken by local
DOH and other concerned agencies, shall within six (6) government units and the waste generators.
months after the effectivity of this Act, prepare a
National Solid Waste Management Status Report Provided, That the Department, in consultation with
which shall be used as a basis in formulating the concerned agencies, shall review, update and publish a
National Solid Waste Management Framework National Solid Waste Management Status Report every
provided in Sec. 15 of this Act. The concerned agencies two (2) years or as the need arises.
shall submit to the Department relevant data
necessary for the completion of the said report within Section 15. National Solid Waste Management
three (3) months following the effectivity of this Act. Framework - Within six (6) months from the
The said report shall include, but shall not be limited completion of the national solid waste management
to, the following: status report under Sec. 14 of this Act, the Commission
created under Sec. 4 of this Act shall, with public
(a) Inventory of existing solid waste facilities; participation, formulate and implement a National
Solid Waste Management Framework. Such framework
(b) General waste characterization, taking into shall consider and include:
account the type, quantity of waste generated
and estimation of volume and type of waste (a) Analysis and evaluation of the current
for reduction and recycling; state, trends, projections of solid waste
management on the national, provincial and
(c) Projection of waste generation; municipal levels;

(d) The varying regional geologic, hydrologic, (b) Identification of critical solid waste facilities
climatic, and other factors vital in the and local government units which will need
implementation of solid waste practices to closer monitoring and/or regulation;
ensure the reasonable protection of:
(c) Characteristics and conditions of collection,
(1) the quality of surface and storage, processing, disposal, operating
groundwater from leachate methods, techniques and practices, location of
contamination; facilities where such operating methods,
techniques and practices are conducted,
(2) the quality of surface waters from taking into account the nature of the waste;
surface run-off contamination; and
(d) Waste diversion goal pursuant to Sec. 20 of
(3) ambient air quality. this Act;
 40

(e) Schedule for the closure and/or upgrading (o) Minimum criteria to be used by the local
of open and controlled dumps pursuant to Sec. government units to define ecological solid
37 of this Act; waste management practices. As much as
practicable, such guidelines shall also include
(f) Methods of closing or upgrading open minimum information for use in deciding the
dumps for purposes of eliminating potential adequate location, design and construction of
health hazards; facilities associated with solid waste
management practices, including the
(g) The profile of sources, including industrial, consideration of regional, geographic,
commercial, domestic, and other sources; demographic and climatic factors; and

(h) Practical applications of environmentally (p) The method and procedure for the
sound techniques of water minimization such phaseout and the eventual closure within
as, but not limited to, resource conservation, eighteen (18) months from the effectivity of
segregation at source, recycling, resource this Act in case of existing open dumps and/or
recovery, including waste-to-energy sanitary landfills located within an aquifer,
generation, re-use and composting; groundwater reservoir or watershed area.

(i) A technical and economic description of the Section 16. Local Government Solid Waste
level of performance that can be attained by Management Plans - The province, city or municipality,
various available solid waste management through its local solid waste management boards, shall
practices which provide for the protection of prepare its respective 10-year solid waste
public health and the environment; management plans consistent with the national solid
waste management framework: Provided, That the
(j) Appropriate solid waste facilities and waste management plan shall be for the re-use,
conservation systems; recycling and composting of wastes generated in their
respective jurisdictions: Provided, further, That the
(k) Recycling programs for the recyclable solid waste management plan of the LGU shall ensure
materials, such as but not limited to glass, the efficient management of solid waste generated
paper, plastic and metal; within its jurisdiction. The plan shall place primary
emphasis on implementation of all feasible re-use,
(l) Venues for public participation from all recycling, and composting programs while identifying
sectors at all phases/stages of the waste the amount of landfill and transformation capacity that
management program/project; will be needed for solid waste which cannot be re-
used, recycled, or composted. The plan shall contain all
(m) Information and education campaign the components provided in Sec. 17 of this Act and a
strategies; timetable for the implementation of the solid waste
management program in accordance with the National
(n) A description of levels of performance and Framework and pursuant to the provisions of this
appropriate methods and degrees of control Act: Provided, finally, That it shall be reviewed and
that provide, at the minimum, for protection updated every year by the provincial, city or municipal
of public health and welfare through: solid waste management board.

(1) Protection of the quality of For LGUs which have considered solid waste
groundwater and surface waters from management alternatives to comply with Sec. 37 of
leachate and run-off contamination; this Act, but are unable to utilize such alternatives, a
timetable or schedule of compliance specifying the
(2) Disease and epidemic prevention remedial measure and eventual compliance shall be
and control; included in the plan.

(3) Prevention and control of offensive All local government solid waste management plans
odor; and shall be subjected to the approval of the Commission.
The plan shall be consistent with the national
(4) Safety and aesthetics. framework and in accordance with the provisions of
this Act and of the policies set by the
 41

Commission; Provided, That in the province of source of generation which includes

Palawan, the local government solid waste residential, commercial, industrial,
management plan shall be approved by the Palawan governmental, or other materials. Future
Council for Sustainable Development, pursuant to R.A. revisions of waste characterization studies
No. 7611. shall identify the constituent materials which
comprise the solid waste disposed of at
Section 17. The Components of the Local Government permitted disposal facilities.
Solid Waste Management Plan - The solid waste
management plan shall include, but not limited to, the (c) Collection and Transfer - The plan shall take
following components: into account the geographic subdivisions to
define the coverage of the solid waste
(a) City or Municipal Profile - The plan shall collection area in every barangay. The
indicate the following background information barangay shall be responsible for ensuring that
on the city or municipality and its component a 100% collection efficiency from residential,
barangays, covering important highlights of commercial, industrial and agricultural
the distinct geographic and other conditions: sources, where necessary within its area of
coverage, is achieved. Toward this end, the
(1) Estimated population of each plan shall define and identify the specific
barangay within the city or strategies and activities to be undertaken by
municipality and population project its component barangays, taking into account
for a 10-year period; the following concerns:

(2) Illustration or map of the (1) Availability and provision of

city/municipality, indicating locations properly designed containers or
of residential, commercial, and receptacles in selected collection
industrial centers, and agricultural points for the temporary storage of
area, as well as dump, landfills and solid waste while awaiting collection
other solid waste facilities. The and transfer to processing sites or to
illustration shall indicate as well, the final disposal sites;
proposed sites for disposal and other
solid waste facilities; (2) Segregation of different types of
solid waste for re-use, recycling and
(3) Estimated solid waste generation composting;
and projection by source, such as
residential, market, commercial, (3) Hauling and transfer of solid waste
industrial, construction/ demolition, from source or collection points to
street waste,agricultural, agro- processing sites or final disposal sites;
industrial, institutional, other waste;
and (4) Issuance and enforcement of
ordinances to effectively implement a
(4) Inventory of existing waste disposal collection system in the barangay; and
and other solid waste facilities and
capacities. (5) Provision of properly trained
officers and workers to handle solid
(b) Waste characterization - For the initial waste disposal.
source reduction and recycling element of a
local waste management plan, the LGU waste The plan shall define and specify the methods
characterization component shall identify the and systems for the transfer of solid waste
constituent materials which comprise the solid from specific collection points to solid waste
waste generated within the jurisdiction of the management facilities.
LGU. The information shall be representative
of the solid waste generated and disposed of (d) Processing - The Plan shall define the
within the area. The constituent materials shall methods and the facilities required to process
be identified by volume, percentage in weight the solid waste, including the use of
or its volumetric equivalent, material type, and intermediate treatment facilities for
 42

composting, recycling, conversion and other incentives provided under Sec. 46 of this Act
waste processing systems. Other appropriate to reduce the use of non-recyclable materials,
waste processing technologies may also be replace disposable materials and products
considered provided that such technologies with reusable materials and products, reduce
conform with internationally-acceptable and packaging, and increase the efficiency of the
other standards set in other standards set in use of paper, cardboard, glass, metal, and
other laws and regulations. other materials. The waste reduction activities
of the community shall also take into account,
(e) Source reduction - The source reduction among others, local capability, economic
component shall include a program and viability, technical requirements, social
implementation schedule which shows the concerns' disposition of residual waste and
methods by which the LGU will, in environmental impact: Provided, That,
combination with the recycling and projection of future facilities needed and
composting components, reduce a sufficient estimated cost shall be incorporated in the
amount of solid waste disposed of in plan.
accordance with the diversion requirements of
Sec. 20. (f) Recycling - The recycling component shall
include a program and implementation
The source reduction component shall schedule which shows the methods by which
describe the following: the LGU shall, in combination with source
reduction and composting components,
(1) strategies in reducing the volume reduce a sufficient amount of solid waste
of solid waste generated at source; disposed of in accordance with the diversion
requirements set in Sec .20.
(2) measures for implementing such
strategies and the resources necessary The LGU recycling component shall describe
to carry out such activities; the following:

(3) other appropriate waste reduction (1) The types of materials to be

technologies that may also be recycled under the programs;
considered, provided that such
technologies conform with the (2) The methods for determining the
standards set pursuant to this Act; categories of solid wastes to be
diverted from disposal at a disposal
(4) the types of wastes to be reduced facility through recycling; and
pursuant to Sec. 15 of this Act;
(3) New facilities and expansion of
(5) the methods that the LGU will use existing facilities needed to implement
to determine the categories of solid the recycling component.
wastes to be diverted from disposal at
a disposal facility through re-use, The LGU recycling component shall described
recycling and composting; and methods for developing the markets for
recycled materials, including, but not limited
(6) new facilities and expansion of to, an evaluation of the feasibility of
existing facilities which will be needed procurement preferences for the purchase of
to implement re-use, recycling and recycled products. Each LGU may determine
composting. and grant a price preference to encourage the
purchase of recycled products.
The LGU source reduction component shall
include the evaluation and identification of The five-year strategy for collecting,
rate structures and fees for the purpose of processing, marketing and selling the
reducing the amount of waste generated, an designated recyclable materials shall take into
other source reduction strategies, including account persons engaged in the business of
but not limited to, programs and economic recycling or persons otherwise providing
recycling services before the effectivity of this
 43

Act. Such strategy may be base upon the (1) The types of materials which will
results of the waste composition analysis be composted under the programs;
performed pursuant to this Section or
information obtained in the course of past (2) The methods for determining the
collection of solid waste by the local categories of solid wastes to be
government unit, and may include diverted from disposal at a disposal
recommendations with respect to increasing facility through composting; and
the number of materials designated for
recycling pursuant to this Act. (3) New facilities, and expansion of
existing facilities needed to implement
The LGU recycling component shall evaluate the composting component.
industrial, commercial, residential, agricultural,
governmental and other curbside, mobile, The LGU composting component shall describe
drop-off and buy-back recycling programs, methods for developing the markets for
manual and automated materials recovery composted materials, including, but not
facilities, zoning, building code changes and limited to, an evaluation of the feasibility of
rate structures which encourage recycling of procurement preferences for the purchase of
materials. The Solid Waste Management Plan composted products. Each LGU may
shall indicate the specific measures to be determine and grant a price preference to
undertaken to meet the waste diversion encourage the purchase of composted
specified under Sec. 20 of this Act. products.

Recommended revisions to the building (h) Solid waste facility capacity and final
ordinances, requiring newly-constructed disposal - The solid waste facility component
buildings and buildings undergoing specified shall include, but shall not be limited to, a
alterations to contain storage space, devices projection of the amount of disposal capacity
or mechanisms that facilitate source needed to accommodate the solid waste
separation and storage of designated generated, reduced by the following:
recyclable materials to enable the local
government unit to efficiently collect, process, (1) Implementation of source
market and sell the designated materials. Such reduction, recycling and composting
recommendations shall include, but shall not programs required in this Section or
be limited to separate chutes to facilitate through implementation of other
source separation in multi-family dwellings, waste diversion activities pursuant to
storage areas that conform to fire and safety Sec. 20 of this Act;
code regulations, and specialized storage
containers. (2) Any permitted disposal facility
which will be available during the 10-
The Solid Waste Management Plan shall year planning period; and
indicate the specific measures to be
undertaken to meet the recycling goals (3) All disposal capacity which has
pursuant to the objectives of this Act. been secured through an agreement
with another LGU, or through an
(g) Composting - The composting component agreement with a solid waste
shall include a program and implementation enterprise.
schedule which shows the methods by which
the LGU shall, in combination with the source The plan shall identify existing and proposed
reduction and recycling components, reduce a disposal sites and waste management facilities
sufficient amount of solid waste disposed of in the city or municipality or in other areas.
within its jurisdiction to comply with the The plan shall specify the strategies for the
diversion requirements of Sec. 20 hereof. efficient disposal of waste through existing
disposal facilities and the identification of
The LGU composting component shall describe prospective sites for future use. The selection
the following: and development of disposal sites shall be
made on the basis of internationally accepted
 44

standards and on the guidelines set in Sec. 41 description of project costs, revenues, and
and 42 of this Act. revenue sources the LGU will use to
implement all components of the LGU solid
Strategies shall be included to improve said waste management plan;
existing sites to reduce adverse impact on
health and the environment, and to extent life The plan shall likewise indicate specific
span and capacity. The plan shall clearly define projects, activities, equipment and
projections for future disposal site technological requirements for which outside
requirements and the estimated cost for these sourcing of funds or materials may be
efforts. necessary to carry out the specific
components of the plan. It shall define the
Open dump sites shall not be allowed as final specific uses for its resource requirement s
disposal sites. If an open dump site is existing and indicate its costs. The plan shall likewise
within the city or municipality, the plan shall indicate how the province, city or municipality
make provisions for its closure or eventual intends to generate the funds for the
phase out within the period specified under acquisition of its resource requirements. It
the framework and pursuant to the provisions shall also indicate if certain resource
under Sec. 37 of this Act. As an alternative, requirements are being or will be sourced
sanitary landfill sites shall be developed and from fees, grants, donations, local funding and
operated as a final disposal site for solid and, other means. This will serve as basis for the
eventually, residual wastes of a municipality or determination and assessment of incentives
city or a cluster of municipality and/or cities. which may be extended to the province, city or
Sanitary landfills shall be designed and municipality as provided for in Sec. 45 of this
operated in accordance with the guidelines set Act.
under Secs. 40 and 41 of this Act.
(l) Privatization of solid waste management
(i) Education and public information - The projects - The plan shall likewise indicate
education and public information component specific measures to promote the participation
shall describe how the LGU will educate and of the private sector in the management of
inform its citizens about the source reduction, solid wastes, particularly in the generation and
recycling and composting programs. development of the essential technologies for
solid waste management. Specific projects or
The plan shall make provisions to ensure that component activities of the plan which may be
information on waste collection services, solid offered as private sector investment activity
waste management and related health and shall be identified and promoted as such.
environmental concerns are widely Appropriate incentives for private sector
disseminated among the public. This shall be involvement in solid waste management shall
undertaken through the print and broadcast likewise be established and provided for in the
media and other government agencies in the plan, in consonance with Sec. 45 hereof and
municipality. The DECS and the Commission on other existing laws, policies and regulations;
Higher Education shall ensure that waste and
management shall be incorporated in the
curriculum of primary, secondary and college (m) Incentive programs - A program providing
students. for incentives, cash or otherwise, which shall
encourage the participation of concerned
(j) Special Waste - The special waste sectors shall likewise be included in the plan.
component shall include existing waste
handling and disposal practices for special Section 18. Owner and Operator - Responsibility for
wastes or household hazardous wastes, and compliance with the standards in this Act shall rest
the identification of current and proposed with the owner and/or operator. If specifically
programs to ensure the proper handling, re- designated, the operator is considered to have primary
use, and long-term disposal of special wastes; responsibility for compliance; however, this does not
relieve the owner of the duty to take all reasonable
(k) Resource requirement and funding - The steps to assure compliance with these standards and
funding component includes identification and any assigned conditions. When the title to a disposal is
 45

transferred to another person, the new owner shall be (b) notify the occupants of each buildings of
notified by the previous owner of the existence of the requirements of this Act and the
these standards and of the conditions assigned to regulations promulgated pursuant thereto.
assure compliance.
Section 22. Requirements for the Segregation and
Section 19. Waste characterization - The Department Storage of Solid Waste - The following shall be the
in coordination with the LGUs, shall be responsible for minimum standards and requirements for segregation
the establishment of the guidelines for the accurate and storage of solid waste pending collection:
characterization of wastes including determination of
whether or not wastes will be compatible with (a) There shall be a separate container for
containment features and other wastes, and whether each type of waste from all sources: Provided,
or not wastes are required to be managed as That in the case of bulky waste, it will suffice
hazardous wastes under R.A. 6969, otherwise known that the same be collected and placed in a
as the Toxic Substance and Hazardous and Nuclear separate designated area; and
Wastes Control Act.
(b) The solid waste container depending on its
Section 20. Establishing Mandatory Solid Waste use shall be properly marked or identified for
Diversion - Each LGU plan shall include an on-site collection as "compostable", "non-
implementation schedule which shows that within five recyclable", "recyclable" or "special waste", or
(5) years after the effectivity of this Act, the LGU shall any other classification as may be determined
divert at least 25% of all solid waste from waste by the Commission.
disposal facilities through re-use, recycling and
composting activities and other resource recovery Article 3
activities; Provided, That the waste diversion goals Collection and Transport of Solid Wastes
shall be increased every three (3) years
thereafter; Provided, further, That nothing in this Section 23. Requirements for Collection of Solid
Section prohibits a local government unit from Wastes - The following shall be the minimum
implementing re-use, recycling, and composting standards and requirements for the collection of solid
activities designed to exceed the goal. waste:

Article 2 (a) All collectors and other personnel directly

Segregation of Wastes dealing with collection of solid waste shall be
equipped with personal protective equipment
Section 21. Mandatory Segregation of Solid Wastes - to protect them from the hazards of handling
The LGUs shall evaluate alternative roles for the public wastes;
and private sectors in providing collection services,
type of collection system, or combination of systems, (b) Necessary training shall be given to the
that best meet their needs: Provided, That segregation collectors and personnel to ensure that the
of wastes shall primarily be conducted at the source, solid wastes are handled properly and in
to include household, institutional, industrial, accordance with the guidelines pursuant to
commercial and agricultural sources: Provided, further; this Act; and
That wastes shall be segregated into the categories
provided in Sec. 22 of this Act. (c) Collection of solid waste shall be done in a
manner which prevents damage to the
For premises containing six (6) or more residential container and spillage or scattering of solid
units, the local government unit shall promulgate waste within the collection vicinity.
regulations requiring the owner or person in charge of
such premises to: Section 24. Requirements for the Transport of Solid
Waste - The use of separate collection schedules
(a) provide for the residents a designated area and/or separate trucks or haulers shall be required for
and containers in which to accumulate source specific types of wastes. Otherwise, vehicles used for
separated recyclable materials to be collected the collection and transport of solid wastes shall have
by the municipality or private center; and the appropriate compartments to facilitate efficient
storing of sorted wastes while in transit.
 46

Vehicles shall be designed to consider road size, generators to provide separate collection systems or
condition and capacity to ensure the sage and efficient convenient drop-off locations for recyclable materials
collection and transport of solid wastes. and particularly for separated toxic components of the
waste stream like dry cell batteries and tires to ensure
The waste compartment shall have a cover to ensure that they are not incinerated or disposed of in a
the containment of solid wastes while in transit. landfill. Upon effectivity of this Act, toxic materials
present in the waste stream should be separated at
For the purpose of identification, vehicles shall bear source, collected separately and further screened and
the body number, the name, and the telephone sent to appropriate hazardous waste treatment and
number of the contractor/agency collecting solid disposal plants, consistent with the provisions of R.A.
waste. No. 6969.

Section 25. Guidelines for Transfer Stations - Transfer Section 29. Non-Environmentally Acceptable Products -
stations shall be designed and operated for efficient Within one (1) year from the effectivity of this Act, the
waste handling capacity and in compliance with Commission shall, after public notice and hearing,
environmental standards and guidelines set pursuant prepare a list of nonenvironmentally acceptable
to this Act and other regulations: Provided, That no products as defined in this Act that shall be prohibited
waste shall be stored in such station beyond twenty- according to a schedule that shall be prepared by the
four (24) hours. Commission: Provided, however, That non-
environmentally acceptable products shall not be
The siting of the transfer station shall consider the land prohibited unless the Commission first finds that there
use plan, proximity to collection area, and accessibility are alternatives available which are available to
of haul routes to disposal facility. The design shall give consumers at no more than ten percent (10%) greater
primary consideration to size and space sufficiency in cost than the disposable product.
order to accommodate the waste for storage and
vehicles for loading and unloading of wastes. Notwithstanding any other provisions to the contrary,
this section shall not apply to:
Article 4
Recycling Program (a) Packaging used at hospitals, nursing homes
or other medical facilities; and
Section 26. Inventory of Existing Markets for Recyclable
Materials - The DTI shall within six (6) months from the (b) Any packaging which is not
effectivity of this Act and in cooperation with the environmentally acceptable, but for which
Department, the DILG and other concerned agencies there is no commercially available alternatives
and sectors, publish a study of existing markets for as determined by the Commission.
processing and purchasing recyclable materials and
the potential steps necessary to expand these markets. The Commission shall annually review and update the
Such study shall include, but not be limited to, an list of prohibited non-environmentally acceptable
inventory of existing markets for recyclable materials, products.
product standards for recyclable and recycled
materials, and a proposal, developed in conjunction Section 30. Prohibition on the Use of Non-
with the appropriate agencies, to stimulate the Environmentally Acceptable Packaging - No person
demand for the production of products containing owning, operating or conducting a commercial
post consumer and recovered materials. establishment in the country shall sell or convey at
retail or possess with the intent to sell or convey at
Section 27. Requirement for Eco-Labeling - The DTI retail any products that are placed, wrapped or
shall formulate and implement a coding system for packaged in or on packaging which is not
packaging materials and products to facilitate waste environmentally acceptable packaging: Provided, That
and recycling and re-use. the Commission shall determine a phaseout period
after proper consultation and hearing with the
Section 28. Reclamation Programs and Buy-back stakeholders or with the sectors concerned. The
Centers for Recyclables and Toxics - The National presence in the commercial establishment of non-
Ecology Center shall assist LGUs in establishing and environmentally acceptable packaging shall constitute
implementing deposit or reclamation programs in a rebuttable presumption of intent to sell or convey
coordination with manufacturers, recyclers and the same at retail to customers.
 47

Any person who is a manufacturer, broker or space to be determined by the barangay through its
warehouse operator engaging in the distribution or Sanggunian. For this purpose, the barangay or cluster
transportation of commercial products within the of barangays shall allocate a certain parcel of land for
country shall file a report with the concerned local the MRF. The MRF shall receive mixed waste for final
government within one (1) year from the effectivity of sorting, segregation, composting, and recycling. The
this Act, and annually thereafter, a listing of any resulting residual wastes shall be transferred to a long
products in packaging which is not environmentally term storage or disposal facility or sanitary landfill.
acceptable. The Commission shall prescribe the form
of such report in its regulations. Section 33. Guidelines for Establishment of Materials
Recovery Facility - Materials recovery facilities shall be
A violation of this Section shall be sufficient grounds designed to receive, sort, process and store
for the revocation, suspension, denial or non-renewal compostable and recyclable material efficiently and in
of any license for the establishment in which the an environmentally sound manner. The facility shall
violation occurs. address the following considerations:

Section 31. Recycling Market Development - The (a) The building and/or land layout and
Commission together with the National Ecology equipment must be designed to accommodate
Center, the DTI and the Department of Finance shall efficient and safe materials processing,
establish procedures, standards and strategies to movement, and storage; and
market recyclable materials and develop the local
market for recycle goods, including but not limited to: (b) The building must be designed to allow
efficient and safe external access and to
(a) measures providing economic incentives accommodate internal flow.
and assistance including loans and grants for
the establishment of privately-owned facilities Article 5
to manufacture finished products from post- Composting
consumer materials;
Section 34. Inventory of Markets of Composts - Within
(b) guarantees by the national and local six (6) months after the effectivity of this Act, the DA
governments to purchase a percentage of the shall publish an inventory of existing markets and
output of the facility; and demands for composts. Said inventory shall thereafter
be updated and published annually: Provided, That the
(c) maintaining a list of prospective buyers, composting of agricultural wastes and other
establishing contact with prospective buyers compostable materials, including but not limited to
and reviewing and making any necessary garden wastes, shall be encouraged.
changes in collecting or processing the
materials to improve their marketability. Section 35. Guidelines for Compost Quality - Compost
products intended to be distributed commercially shall
In order to encourage establishments of new facilities conform with the standards for organic fertilizers set
to produce goods from post-consumer and recovered by the DA. The DA shall assist the compost producers
materials generated within local government units, to ensure that the compost products conform to such
and to conserve energy by reducing materials standards.
transportation, whenever appropriate, each local
government unit may arranged for long-term contracts Article 6
to purchase a substantial share of the product output Waste Management Facilities
of a proposed facility which will be based in the
jurisdiction of the local government unit if such facility Section 36. Inventory of Waste Disposal Facilities -
will manufacture such finished products form post- Within six (6) months from the effectivity of this Act,
consumer and recovered materials. the Department, in cooperation with the DOH, DILG
and other concerned agencies, shall publish an
Section 32. Establishment of LGU Materials Recovery inventory of all solid waste disposal facilities or sites in
Facility. - There shall be established a Materials the country.
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
 48

Section 37. Prohibition Against the Use of Open Dumps (a) The site selected must be consistent with
for Solid Waste - No open dumps shall be established the overall land use plan of the LGU;
and operated, nor any practice or disposal of solid
waste by any person, including LGUs, which constitutes (b) The site must be accessible from major
the use of open dumps for solid wastes, be allowed roadways or thoroughfares;
after the effectivity of this Acts: Provided, That within
three (3) years after the effectivity of this Act, every (c) The site should have an adequate quantity
LGU shall convert its open dumps into controlled of earth cover material that is easily handled
dumps, in accordance with the guidelines set in Sec. 41 and compacted;
of this Act: Provided, further, That no controlled dumps
shall be allowed five (5) years following the effectivity (d) The site must be chosen with regard for the
of this Act. sensitivities of the community's residents;

Section 38. Permit for Solid Waste Management (e) The site must be located in an area where
Facility Construction and Expansion - No person shall the landfill's operation will not detrimentally
commence operation, including site preparation and affect environmentally sensitive resources
construction of a new solid waste management facility such as aquifer, groundwater reservoir or
or the expansion of an existing facility until said person watershed area;
obtains an Environment Compliance Certificate (ECC)
from the Department pursuant to P.D. 1586 and other (f) The site should be large enough to
permits and clearances form concerned agencies. accommodate the community's wastes for a
period of five (5) years during which people
Section 39. Guidelines for Controlled Dumps - The must internalize the value of environmentally
following shall be the minimum considerations for the sound and sustainable solid waste disposal;
establishments of controlled dumps:
(g) The site chosen should facilitate developing
(a) Regular inert cover; a landfill that will satisfy budgetary constraints,
including site development, operation for
(b) Surface water and peripheral site drainage many years, closure, post-closure care and
control; possible remediation costs;

(c) Provision for aerobic and anaerobic (h) Operating plans must include provisions for
decomposition; coordinating with recycling and resource
recovery projects; and
(d) Restriction of waste deposition to small
working areas; (i) Designation of a separate containment area
for household hazardous wastes.
(e) Fence, including provisions for litter
control; Section 41. Criteria for Establishment of Sanitary
Landfill - The following shall be the minimum criteria
(f) Basic record-keeping; for the establishment of sanitary landfills:

(g) Provision of maintained access road; (a) Liners - a system of clay layers and/or
geosynthethic membranes used to contain
(h) Controlled waste picking and trading; leachate and reduce or prevent contaminant
flow to groundwater;
(i) Post-closure site cover and vegetation; and
(b) Leachate collection and treatment system -
(j) Hydro geological siting. installation of pipes at the low areas of the
liner to collect leachate for storage and
Section 40. Criteria for Siting a Sanitary Landfill - The eventual treatment and discharge;
following shall be the minimum criteria for the siting of
sanitary landfills: (c) Gas control and recovery system - a series
of vertical wells or horizontal trenches
 49

containing permeable materials and within ten percent (10%) and

perforated piping placed in the landfill to adequate for overall planning
collect gas for treatment or productive use as purposes and forecasting the rate of
an energy source; site filling;

(d) Groundwater monitoring well system - (2) Records of excavations which may
wells placed at an appropriate location and affect the safe and proper operation
depth for taking water that are representative of the site or cause damage to
of ground water quality; adjoining properties;

(e) Cover - two (2) forms of cover consisting of (3) Daily log book or file of the
soil and geosynthetic materials to protect the following information: fires, landslides,
waste from long-term contact with the earthquake damage, unusual and
environment: sudden settlement, injury and
property damage, accidents,
(i) a daily cover placed over the waste explosions, receipts or rejection of
at the close of each day's operations, unpermitted wastes, flooding and
and; other unusual occurrences;

(ii) a final cover, or cap, which is the (4) Record of personnel training; and
material placed over the completed
landfill to control infiltration of water, (5) Copy of written notification to the
gas emission to the atmosphere, and Department, local health agency, and
erosion. fire authority of names, addresses and
telephone numbers of the operator or
(f) Closure procedure with the objectives of responsible party of the site;
establishing low maintenance cover systems
and final cover that minimizes the infiltration (b) Water quality monitoring of surface and
of precipitation into the waste. Installation of ground waters and effluent, and gas
the final cover must be completed within six emissions;
(6) months of the last receipt of waste;
(c) Documentation of approvals,
(g) Post-closure care procedure - During this determinations and other requirements by the
period, the landfill owner shall be responsible Department;
for providing for the general upkeep of the
landfill, maintaining all of the landfill's (d) Signs:
environmental protection features, operating
monitoring equipment, remediating (1) Each point of access from a public
groundwater should it become contaminated road shall be posted with an easily
and controlling landfill gas migration or visible sigh indicating the facility name
emission. and other pertinent information as
required by the Department;
Section 42. Operating Criteria for Sanitary Landfills - In
the operation of a sanitary land fill, each site operator (2) If the site is open to the public,
shall maintain the following minimum operating there shall be an easily visible sign at
equipments: the primary entrance of the site
indicating the name of the site
(a) Disposal site records of, but not limited to: operator, the operator's telephone
number, and hours of operation; an
(1) Records of weights or volumes easily visible sign at an appropriate
accepted in a form and manner point shall indicate the schedule of
approved by the Department. Such changes and the general types of
records shall be submitted to the materials which will either be
Department upon request, accurate to accepted or not;
 50

(3) If the site is open to the public, (l) Operating and maintenance personnel shall
there shall be an easily visible road wear and use appropriate safety equipment as
sign and/or traffic control measures required by the Department;
which direct traffic to the active face
and other areas where wastes or (m) Personnel assigned to operate the site
recyclable materials will be deposited; shall be adequately trained in subject
and pertinent to the site operation and
maintenance, hazardous materials recognition
(4) Additional signs and/or measures and screening, and heavy equipment
may be required at a disposal site by operations, with emphasis on safety, health,
the Department to protect personnel environmental controls and emergency
and public health and safety; procedures. A record of such training shall be
placed in the operating record;
(e) Monitoring of quality of surface, ground
and effluent waters, and gas emissions; (n) The site operator shall provide adequate
supervision of a sufficient number of qualified
(f) The site shall be designed to discourage personnel to ensure proper operation of the
unauthorized access by persons and vehicles site in compliance with all applicable laws,
by using a perimeter barrier or topographic regulations, permit conditions and other
constraints. Areas within the site where open requirements. The operator shall notify the
storage, or pounding of hazardous materials Department and local health agency in writing
occurs shall be separately fenced or otherwise of the names, addresses, and telephone
secured as determined by the Department. number of the operator or responsible party. A
The Department may also require that other copy of the written notification shall be placed
areas of the site be fenced to create an in the operation record;
appropriate level of security;
(o) Any disposal site open to the public shall
(g) Roads within the permitted facility have an attendant present during public
boundary shall be designed to minimize the operating hours or the site shall be inspected
generation of dust and the tracking of material by the operator on a regularly scheduled basis,
onto adjacent public roads. Such roads shall be as determined by the Department;
kept in safe condition and maintained such
that vehicle access and unloading can be (p) Unloading of solid wastes shall be confined
conducted during inclement weather; to a small area as possible to accommodate
the number of vehicles using the area without
(h) Sanitary facilities consisting of adequate resulting in traffic, personnel, or public safety
number of toilets and handwashing facilities, hazards. Waste materials shall normally be
shall be available to personnel at or in the deposited at the toe of the fill, or as otherwise
immediate vicinity of the site; approved by the Department;

(i) Safe and adequate drinking water supply for (q) Solid waste shall be spread and compacted
the site personnel shall be available; in layers with repeated passages of the landfill
equipment to minimize voids within the cell
(j) The site shall have communication facilities and maximize compaction. The loose layer
available to site personnel to allow quick shall not exceed a depth approximately two
response to emergencies; feet before compaction. Spreading and
compacting shall be accomplished as rapidly as
(k) Where operations are conducted during practicable, unless otherwise approved by the
hours of darkness, the site and/or equipment Department;
shall be equipped with adequate lighting as
approved by the Department to ensure safety (r) Covered surfaces of the disposal area shall
and to monitor the effectiveness of be graded to promote lateral runoff of
operations; precipitation and to prevent pounding. Grades
shall be established of sufficient slopes to
account for future settlement of the fill
 51

surface. Other effective maintenance methods CHAPTER IV

may be allowed by the Department; and INCENTIVES

(s) Cover material or native material unsuitable Section 45. Incentives. -

for cover, stockpiled on the site for use or
removal, shall be placed so as not to cause (a) Rewards, monetary or otherwise, shall be
problems or interfere with unloading, provided to individuals, private organizations
spreading, compacting, access, safety and entitles, including non-government
drainage, or other operations. organizations, that have undertaken
outstanding and innovative projects,
Article 7 technologies, processes and techniques or
Local Government Solid Waste Management activities in re-use, recycling and reduction.
Said rewards shall be sourced from the Fund
Section 43. Guidelines for Identification of Common herein created.
Solid Waste Management Problems - For purposes of
encouraging and facilitating the development of local (b) An incentive scheme is hereby provided for
government plans for solid waste management, the the purpose of encouraging LGUs, enterprises,
Commission shall, as soon as practicable but not later or private entities, including NGOs, to develop
than six (6) months from the effectivity of this Act, or undertake an effective solid waste
publish guidelines for the identification of those areas management, or actively participate in any
which have common solid waste management program geared towards the promotion
problems and are appropriate units for clustered solid thereof as provided for in this Act.
waste management services. The guidelines shall be
based on the following: (1) Fiscal Incentives. - Consistent with the provisions of
E.O. 226, otherwise known as the Omnibus
(a) the size and location of areas which should Investments Code, the following tax incentives shall be
be included; granted:

(b) the volume of solid waste which would be (a) Tax and Duty Exemption on Imported
generated; Capital Equipment and Vehicles - Within ten
(10) years upon effectively of this Act, LGUs,
(c) the available means of coordinating local enterprises or private entities shall enjoy tax
government planning between and among the and duty free importation of machinery,
LGUs and for the integration of such with the equipment, vehicles and spare parts used for
national plan; and collection, transportation, segregation,
recycling, re-use and composing of solid
(d) possible lifespan of the disposal facilities. wastes: Provided, That the importation of such
machinery, equipment, vehicle and spare parts
Section 44. Establishment of Common Waste shall comply with the following conditions:
Treatment and Disposal Facilities - Pursuant to Sec. 33
of R.A.7160, otherwise known as the Local (i) They are not manufactured
Government Code, all provinces, cities, municipalities domestically in sufficient quantity, of
and barangays, through appropriate ordinances, are comparable quality and at reasonable
hereby mandated to consolidate, or coordinate their prices;
efforts, services, and resources for purposes of jointly
addressing common solid waste management (ii) They are reasonably needed and
problems and/or establishing common waste disposal will be used actually, directly and
facilities. exclusively for the above mentioned
activities;
The Department, the Commission and local solid waste
management boards shall provide technical and (iii) The approval of the Board of
marketing assistance to the LGUs. Investment (BOI) of the DTI for the
importation of such machinery,
equipment, vehicle and spare parts.
 52

Provided, further, That the sale, transfer or priority to extend financial services to individuals,
disposition of such machinery, equipment, enterprises, or private entities engaged in solid waste
vehicle and spare parts, without prior approval management.
of the (BOI), within five (5) years from the date
of acquisition shall be prohibited, otherwise, (4) Extension of Grants to LGUs. - Provinces, cities and
the LGU concerned, enterprise or private municipalities whose solid waste management plans
entities and the vendee, transferee, or have been duly approved by the Commission or who
assignee shall be solidarily liable to pay twice have been commended by the Commission for
the amount of tax and duty exemption given it. adopting innovative solid waste management
programs may be entitled to receive grants for the
(b) Tax Credit on Domestic Equipment - Within purpose of developing their technical capacities
ten (10) years from the effectivity of this Act, a toward actively participating in the program for
tax credit equivalent to 50% of the value of the effectively and sustainable solid waste management.
national internal revenue taxes and customs
duties that would have been waived on the (5) Incentives to Host LGUs. - Local government units
machinery, equipment, vehicle and spare who host common waste management facilities shall
parts, had these items been imported shall be be entitled to incentives.
given to enterprises, private entities, including
NGOs, subject to the same conditions and CHAPTER V
prohibition cited in the preceding paragraph. FINANCING SOLID WASTE MANAGEMENT

(c) Tax and Duty Exemption of Donations, Section 46. Solid Waste Management Fund - There is
Legacies and Gift - All legacies, gifts and hereby created, as a special account in the National
donations to LGUs, enterprises or private Treasury, a Solid Waste Management Fund to be
entities, including NGOs, for the support and administered by the Commission. Such fund shall be
maintenance of the program for effective solid sourced from the following:
waste management shall be exempt from all
internal revenue taxes and customs duties, (a) Fines and penalties imposed, proceeds of
and shall be deductible in full from the gross permits and licenses issued by the Department
income of the donor for income tax purposes. under this Act, donations, endowments, grants
and contributions from domestic and foreign
(2) Non-Fiscal Incentives. - LGUs, enterprises or private sources; and
entities availing of tax incentives under this Act shall
also be entitled to applicable non-fiscal incentives (b) Amounts specifically appropriated for the
provided for under E.O. 226, otherwise known as the Fund under the annual General Appropriations
Omnibus Investments Code. Act;

The Commission shall provide incentives to businesses The Fund shall be used to finance the
and industries that are engaged in the recycling of following:
wastes and which are registered with the Commission
and have been issued ECCs in accordance with the (1) products, facilities, technologies
guidelines established by the Commission. Such and processes to enhance proper solid
incentives shall include simplified procedures for the waste management;
importation of equipment, spare parts, new materials,
and supplies, and for the export of processed (2) awards and incentives;
products.
(3) research programs;
(3) Financial Assistance Program. - Government
financial institutions such as the Development Bank of (4) information, education,
the Philippines (DBP), Landbank of the Philippines communication and monitoring
(LBP), Government Service Insurance System (GSIS), activities;
and such other government institutions providing
financial services shall, in accordance with and to the (5) technical assistance; and
extent allowed by the enabling provisions of their
respective charters or applicable laws, accord high
 53

(6) capability building activities. requirements or permits set forth in

established pursuant;
LGUs are entitled to avail of the Fund on the basis of
their approved solid waste management plan. Specific (3) The open burning of solid waste;
criteria for the availment of the Fund shall be prepared
by the Commission. (4) Causing or permitting the collection of non-
segregated or unsorted wastes;
The fines collected under Sec. 49 shall be allocated to
the LGU where the fined prohibited acts are (5) Squatting in open dumps and landfills;
committed in order to finance the solid waste
management of said LGU. Such allocation shall be (6) Open dumping, burying of biodegradable
based on a sharing scheme between the Fund and the or non-biodegradable materials in flood prone
LGU concerned. areas;

In no case, however, shall the Fund be used for the (7) Unauthorized removal of recyclable
creation of positions or payment of salaries and wages. material intended for collection by authorized
persons;
Section 47. Authority to Collect Solid Waste
Management Fees - The local government unit shall (8) The mixing of source-separated recyclable
impose fees in amounts sufficient to pay the costs of material with other solid waste in any vehicle,
preparing, adopting, and implementing a solid waste box, container or receptacle used in solid
management plan prepared pursuant to this Act. The waste collection or disposal;
fees shall be based on the following minimum factors:
(9) Establishment or operation of open dumps
(a) types of solid waste; as enjoined in this Act, or closure of said
dumps in violation of Sec. 37;
(b) amount/volume of waste; and
(10) The manufacture, distribution or use of
(c) distance of the transfer station to the waste non-environmentally acceptable packaging
management facility. materials;

The fees shall be used to pay the actual costs incurred (11) Importation of consumer products
by the LGU in collecting the local fees. In determining packaged in non-environmentally acceptable
the amounts of the fees, an LGU shall include only materials;
those costs directly related to the adoption and
implementation of the plan and the setting and (12) Importation of toxic wastes
collection of the local fees. misrepresented as "recyclable" or "with
recyclable content";
CHAPTER VI
PENAL PROVISIONS (13) Transport and dumplog in bulk of
collected domestic, industrial, commercial,
Section 48. Prohibited Acts - The following acts are and institutional wastes in areas other than
prohibited: centers or facilities prescribe under this Act;

(1) Littering, throwing, dumping of waste (14) Site preparation, construction, expansion
matters in public places, such as roads, or operation of waste management facilities
sidewalks, canals, esteros or parks, and without an Environmental Compliance
establishment, or causing or permitting the Certificate required pursuant to Presidential
same; Decree No. 1586 and this Act and not
conforming with the land use plan of the LGU;
(2) Undertaking activities or operating,
collecting or transporting equipment in (15) The construction of any establishment
violation of sanitation operation and other within two hundred (200) meters from open
 54

dumps or controlled dumps, or sanitary imprisonment of not less than thirty (30) days
landfill; and but not more than three (3) years, or both;

(16) The construction or operation of landfills (f) Any person who violates Sec. 48, pars. (14),
or any waste disposal facility on any aquifer, (15) and (16) shall, upon conviction, be
groundwater reservoir, or watershed area and punished with a fine not less than One
or any portions thereof. hundred thousand pesos (P100,000.00) but
not more than One million pesos
Section 49. Fines and Penalties - (P1,000,000.00), or imprisonment not less
than one (1) year but not more than six (6)
(a) Any person who violates Sec. 48 paragraph years, or both.
(1) shall, upon conviction, be punished with a
fine of not less than Three hundred pesos If the offense is committed by a corporation,
(P300.00) but not more than One thousand partnership, or other juridical identity duly recognized
pesos (P1,000.00) or render community in accordance with the law, the chief executive officer,
service for not less than one (1) day to not president, general manager, managing partner or such
more than fifteen (15) days to an LGU where other officer-in-charge shall be liable for the
such prohibited acts are committed, or both; commission of the offense penalized under this Act.

(b) Any person who violates Sec. 48, pars. (2) If the offender is an alien, he shall, after service of the
and (3), shall, upon conviction be punished sentence prescribed above, be deported without
with a fine of not less than Three hundred further administrative proceedings.
pesos (P300.00) but not more than One
thousand pesos (P1,000.00) or imprisonment The fines herein prescribed shall be increased by at
of not less than one (1) day but to not more lest ten (10%) percent every three (3) years to
than fifteen (15) days, or both; compensate for inflation and to maintain the deterrent
functions of such fines.
(c) Any person who violates Sec. 48, pars. (4),
(5), (6) and (7) shall, upon conviction, be Section 50. Administrative Sanctions - Local
punished with a fine of not less than One government officials and officials of government
thousand pesos (P1,000.00) but not more than agencies concerned who fail to comply with and
Three thousand pesos (P3,000.00) or enforce rules and regulations promulgated relative to
imprisonment of not less than fifteen (15) day this Act shall be charged administratively in
but to not more than six (6) months, or both; accordance with R.A. 7160 and other existing laws,
rules and regulations
(d) Any person who violates Sec. 48, pars (8),
(9), (10) and (11) for the first time shall, upon CHAPTER VII
conviction, pay a fine of Five hundred MISCELLANEOUS PROVISIONS
thousand pesos (P500,000.00) plus and
amount not less than five percent (5%) but not Section 51. Mandatory Public Hearings - Mandatory
more than ten percent (10%) of his net annual public hearings for national framework and local
income during the previous year. government solid waste management plans shall be
undertaken by the Commission and the respective
The additional penalty of imprisonment of a Boards in accordance with process to be formulated in
minimum period of one (1) year but not to the implementing rules and regulations.
exceed three (3) years at the discretion of the
court, shall be imposed for second or Section 52. Citizens Suits - For the purposes of
subsequent violations of Sec. 48, pars. (9) and enforcing the provisions of this Act or its implementing
(10). rules and regulations, any citizen may file an
appropriate civil, criminal or administrative action in
(e) Any person who violates Sec. 48, pars. (12) the proper courts/bodies against:
and (13) shall, upon conviction, be punished
with a fine not less than Ten thousand pesos
(P10,000.00) but not more than Two hundred
thousand pesos (P200,000.00) or
 55

(a) Any person who violates or fails to comply Section 54. Research on Solid Waste Management -
with the provisions of this Act its implementing The Department after consultations with the
rules and regulations; or cooperating agencies, shall encourage, cooperate with,
and render financial and other assistance to
(b) The Department or other implementing appropriate government agencies and private
agencies with respect to orders, rules and agencies, institutions and individuals in the conduct
regulations issued inconsistent with this Act; and promotion researches, experiments, and other
and/or studies on solid waste management, particularly those
relating to:
(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 abuses (a) adverse health effects of the release into
his authority in the performance of his duty; the environment of materials present in solid
or, in any many improperly performs his duties wastes, and methods to eliminate said effects;
under this Act or its implementing rules and
regulations; Provided, however, That no suit (b) the operation and financing of solid waste
can be filed until after thirty-day (30) notice disposal programs;
has been given to the public officer and the
alleged violator concerned and no appropriate (c) the planning, implementing and operation
action has been taken thereon. of resource recovery and resource
conservation systems;
The Court shall exempt such action from the payment
of filing fees and statements likewise, (d) the production of usable forms of
upon prima facie showing of the non-enforcement or recovered resources, including fuel from solid
violation complained of, exempt the plaintiff from the waste;
filing of an injunction bond for the issuance of
preliminary injunction. (e) the development and application of new
and improved methods of collecting and
In the event that the citizen should prevail, the Court disposing of solid waste and processing and
shall award reasonable attorney's fees, moral damages recovering materials and energy from solid
and litigation costs as appropriate. waste;

Section 53. Suits and Strategic Legal Action Against (f) improvements in land disposal practices for
Public Participation (SLAPP) and the Enforcement of solid waste (including sludge); and
this Act - Where a suit is brought against a person who
filed an action as provided in Sec. 52 of this Act, or (g) development of new uses of recovered
against any person, institution or government agency resources and identification of existing or
that implements this Act, it shall be the duty of the potential markets of recovered resources.
investigating prosecutor or the Court, as the case may
be, to immediately make a determination not In carrying out solid waste researches and studies, the
exceeding thirty (30) days whether said legal action Secretary of the Department or the authorized
has been filed to harass, vex, exert undue pressure or representative may make grants or enter into
stifle such legal recourses of the person complaining of contracts with government agencies, nongovernment
or enforcing the provisions of this Act. Upon organizations and private persons.
determination thereof, evidence warranting the same,
the Court shall dismiss the complaint and award the Section 55. Public Education and Information - The
attorney's fees and double damages. Commission shall, in coordination with DECS, TESDA,
CHED, DILG and PIA, conduct a continuing education
This provision shall also apply and benefit public and information campaign on solid waste
officers who are sued for acts committed in their management, such education and information
official capacity, there being no grave abuse of program shall:
authority, and done in the course of enforcing this Act.
 56

(a) Aim to develop public awareness of the ill- on Environment and Ecology of the Senate and House
effects of and the community based solutions of Representative, respectively, the representatives of
to the solid waste problem; the Leagues of Provinces, Cities, Municipalities and
Barangay Councils, the MMDA and other concerned
(b) Concentrate on activities which are feasible agencies, shall promulgate the implementing rules and
and which will have the greatest impact on the regulations of this Act, within one (1) year after its
solid waste problem of the country, like enactment: Provided, That rules and regulations issued
resource conservation and recovery, recycling, by other government agencies and instrumentalities
segregation at source, re-use, reduction, and for the prevention and/or abatement of the solid
composing of solid waste; and waste management problem not inconsistent with this
Act shall supplement the rules and regulations issued
(c) Encourage the general public, accredited by the Department, pursuant to the provisions of this
NGOs and people's organizations to publicity Act.
endorse and patronize environmentally
acceptable products and packaging materials. The draft of the IRR shall be published and be the
subject of public consultation with affected sectors. It
Section 56. Environmental Education in the Formal and shall be submitted to the Committee on Environment
Nonformal Sectors - The national government, through Ecology of the Senate and House of Representatives,
the DECS and in coordination with concerned respectively, for review before approved by the
government agencies, NGOs and private institutions, Secretary.
shall strengthen the integration of environmental
concerns in school curricula at all levels, with particular Section 60. Joint Congressional Oversight Committee -
emphasis on the theory and practice of waste There is hereby created a Joint Congressional
management principles like waste minimization, Oversight Committee to monitor the implementation
specifically resource conservation and recovery, of the Act and to oversee the functions of the
segregation at source, reduction, recycling, re-use,and Commission. The Committee shall be composed of five
composing, in order to promote environmental (5) Senators and five (5) Representatives to be
awareness and action among the citizenry. appointed by the Senate President and Speaker of the
House of Representatives, respectively. The Oversight
Section 57. Business and Industry Role - The Committee shall be co-chaired by a Senator and a
Commission shall encourage commercial and industrial Representative designated by the Senate President
establishments, through appropriate incentives other and the Speaker of the House of Representatives,
than tax incentives to initiate, participate and invest in respectively.
integrated ecological solid waste management projects
to manufacture environment-friendly products, to Section 61. Abolition of the Presidential Task Force On
introduce develop and adopt innovative processes that Waste Management and the Project Management
shall recycle and re-use materials, conserve raw Office on Solid Waste Management - The Presidential
materials and energy, reduce waste, and prevent Task Force on Waste Management which was created
pollution and to undertake community activities to by virtue of Memorandum Circular No. 39 dated
promote and propagate effective solid waste November 2, 1987, as amended by Memorandum
management practices. Circular No. 39A and 88 is hereby abolished.

Section 58. Appropriations - For the initial operating Further, pursuant to Administrative Order No. 90
expenses of the Commission and the National Ecology dated October 19, 1992, the Project Management
Center as well as the expensed of the local Office on Solid Waste Management is likewise hereby
government units to carry out the mandate of this Act, abolished. Consequently their powers and functions
the amount of Twenty million pesos (P20,000,000.00) shall be absorbed by the Commission pursuant to the
is hereby appropriated from the Organizational provisions of this Act.
Adjustment Fund on the year this Act is approved.
Thereafter, it shall submit to the Department of Section 62. Transitory Provision - Pending the
Budget and Management its proposed budget for establishment of the framework under Sec. 15 hereof,
inclusion in the General Appropriations Act. plans under Sec. 16 and promulgation of the IRR under
Sec. 59 of this Act, existing laws, regulations, programs
Section 59. Implementing Rules and Regulations (IRR) - and projects on solid waste management shall
The Department, in coordination with the Committees
 57

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 than March 30 of every
year following the approval of this Act, giving a
detailed account of its accomplishments and progress
on solid waste management during the year and make
the necessary recommendations in areas where there
is need for legislative action.