ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000

(REPUBLIC ACT 9003)

WHAT IS SOLID WASTE MANAGEMENT (SWM)?

INCLUDES ALL ACTIVITIES PERTAINING TO THE CONTROL, TRANSFER, & TRANSPORTATION, PROCESSING, & DISPOSAL OF SOLID WASTE IN ACCORDANCE WITH THE BEST PRINCIPLES OF PUBLIC HEALTH, ECONOMICS, ENGINEERING, CONSERVATION, AESTHITIC AND OTHER ENVIRONMENTAL CONSIDERATION.

THE SITUATION IN THE PHILIPPINES

RAPID POPULATION GROWTH AND INDUSTRIALIZATION HAVE TURNED THE PHILIPPINES WASTE SITUATION INTO A HUGE PROBLEM.

LEGAL FRAMEWORK

The most comprehensive piece of legislation is the Republic Act (RA) 9003, known as the Ecological Solid Waste Management Act of 2000, which assigns the primary task of implementation and enforcement to LGUs. It emphasizes the importance of minimizing waste by using techniques such as recycling, resource recovery, reuse, and composting.

REPUBLIC ACT NO. 9003

AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE MANAGEMENT PROGRAM, CREATING THE NECESSARY INSTITUTIONAL MECHANISMS AND INCENTIVES, DECLARING CERTAIN ACTS PROHIBITED AND PROVIDING PENALTIES,APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.

OVERVIEW

o February 2004 deadline for shifting from open to controlled dumping

o February 2006 the law states that controlled dumpsites will be deemed closed & phase out o The law contains minimum requirements for designing SLFs as well as minimum considerations for operating SLFs

OVERVIEW

o Only about 126 LGUs had implemented the conversion of open dumps into controlled disposal facilities
o There are still 734 open dumpsites nationwide

o There are only four SLFs; Clark Ecozone in Tarlac, Cebu City in the Visayas, Negros Oriental & Puerto Princesa City ,Palawan o About 215 sites have been identified as potential SLFs

OVERVIEW

o Signed into law in JANUARY 2000 to address the gargantuan solid waste problem of the Philippines
o It espouses the reuse, recovery and recycling of MSW, w/ special emphasis on composting, as opposed to outright disposal

SALIENT FEATURES OF THE ACT

 Ensures the protection of public health and environment Utilize environmentally-sounds methods that maximize the utilization of valuable resource reduction & encourage resources conservation and recovery Set guidelines and targets for solid waste avoidance and volume reduction Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste

 Promote national research and development programs for improved solid waste management

Encourage greater private sector participation is solid waste management

Retain primary enforcement & responsibility of solid waste management w/ local government units Encourage cooperation & self-regulation among waste generators

 Institutionalize public participation in the development & implementation of national and local integrated, comprehensive and ecological waste management programs Strengthen the integration of ecological solid waste management and resource conservation and recovery topics into the academic curricula of formal and non-formal education

INSTITUTIONAL MECHANISM
CHAPTER II

Section 4. National Solid Waste Management Commission

There is hereby established a National Solid Waste Management Commission, hereinafter referred to as the Commission, under the Office of the President. The Commission shall be composed of fourteen (14), members from the government sector and three (3) members from the private sector. The government sector shall be represented by the heads of the following agencies in their ex officio capacity:

(1) Department of Environment and Natural Resources (DENR) (2) Department of Interior and Local Government (DILG) (3) Department of Science and Technology (DOST) (4) Department of Public Works and Highways (DOWH)

(5) Department of Health (DOH)

(6) Department of Trade and Industry (DTI) (7) Department of Agriculture (DA) (8) Metro Manila Development Authority (MMDA)

(9) League of Provincial Governors (10) League of City Mayors (11) League of Municipal Mayors (12) Association of Barangay Councils

(13) Technical Education and Skills Development Authority (TESDA)

(14) Philippine Information Agency

DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES

- act as overall of the Commission to be created; prepare a National Solid Waste Management Status Report
- provide technical & capacity building assistance to local government units - issue rules & regulations in the implementation of the Act

DEPARTMENT OF HEALTH

- in coordination w/ the DENR & other concerned agencies prepare the National Solid Waste Management Status Report w/c shall be the basis for the National Solid Waste Management Framework
- together w/ the DENR & DILG shall publish the inventory of all solid waste disposal facilities

DEPARTMENT OF TRADE AND INDUSTRY

- Shall formulate & implement a coding system packaging materials and products to facilitate waste recycling and reuse. - With DENR establish and mage a solid waste management information database and publish a study of existing markets for processing and purchasing recyclable materials and the potential steps necessary to expand these markets.

DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENTS

- Together with the DENR and DOH shall publish the inventory of all solid waste disposal facilities.

DEPARTMENT OF EDUCATION, COMMISSION ON HIGHER EDUCATION TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY AND PHILIPPINE INFORMATION AGENCY with the DENR

- Shall conduct continuing education and information campaign on solid waste management.

DepED and CHED

- The national government through DepED and in coordination with concerned agencies, non-government organizations and private institutions, shall strengthen the integral of environmental concerns in school curricula at all levels

Section 7. THE NATIONAL ECOLOGY CENTER

THERE SHALL BE ESTABLISHED A NATIONAL ECOLOGY CENTER UNDER THE COMMISSION WHICH SHALL PROVIDE CONSULTING, INFORMATION, TRAINING, AND NETWORKING SERVICES FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS ACT.

Section 10. ROLE OF LGUs IN SOLID WASTE MANAGEMENT

PURSUANT TO THE RELEVANT PROVISIONS OF R.A. NO. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE, THE LGUS SHALL BE PRIMARILY RESPONSIBLE FOR THE IMPLEMENTATION AND ENFORCEMENT OF THE PROVISIONS OF THIS ACT WITHIN THEIR RESPECTIVE JURISDICTIONS.

COMPREHENSIVE SOLID WASTE MANAGEMENT

CHAPTER III

National Solid Waste Management Status Report National Solid Waste Management Framework Segregation of Wastes Collection and Transport of Solid Waste Recycling Program Composting Waste Management Facilities Local Government Solid Waste Management

FINANCING SOLID WASTE MANAGEMENT

CHAPTER V

Solid Waste Management Fund Authority to Collect Solid Waste Management Fees

PENAL PROVISIONS
CHAPTER VI

Section 48. Prohibited Acts

(1) Littering, throwing, dumping of waste matters in public places (2) Open burning of solid waste (3) Permitting the collection of non-segregated or unsorted waste (4) Squatting in open dumps & landfills (5) Open dumping, burying of biodegradable / non-biodegradable In flood-prone areas (6) The manufacture, distribution or use of non-environmentally Acceptable packaging materials (7) Site preparation, construction, expansion or operation of waste management facilities w/o an Environmental Compliance Certificate

LITTERING, THROWING, DUMPING OF WASTE MATTERS IN PUBLIC PLACES

OPEN BURNING OF SOLID WASTE

PERMITTING THE COLLECTION OF NON-SEGREGATED OR UNSORTED WASTE

SQUATTING IN OPEN DUMPS & LANDFILLS

OPEN DUMPING, BURYING OF BIODEGRADABLE / NON-BIODEGRADABLE IN FLOOD-PRONE AREAS

THE MANUFACTURE, DISTRIBUTION OR USE OF NONENVIRONMENTALLY ACCEPTABLE PACKAGING MATERIALS

SITE PREPARATION, CONSTRUCTION, EXPANSION OR OPERATION OF WASTE MANAGEMENT FACILITIES W/O AN ENVIRONMENTAL COMPLIANCE CERTIFICATE

Section 49. Fine and Penalties

(a) Any person who violates Sec. 48 (paragraph 1):

Punishable by any/all of the following: Fine: 300 < x < 1000 / render community service not less than 1 day to not more than 15 days

Section 49. Fine and Penalties

(b) Any person who violates Sec. 48 (par 2 & 3):

Punishable by any/all of the following: Fine: 300 < x < 1000 Imprisonment: 1 day < x < 15 days

Section 49. Fine and Penalties

(c) Any person who violates Sec. 48 (par 4,5,6 & 7):
Punishable by any/all of the following: Fine: 1000 < x < 3000 Imprisonment: 15 day < x < 6 months

Section 49. Fine and Penalties

(d) Any person who violates Sec. 48 (par 8,9,10 & 11):
Punishable by any/all of the following: Fine: 500,000 + ( 5% < x < 10%) of net annual income

Section 49. Fine and Penalties

(e) the additional penalty of imprisonment of a minimum period of one year, but not to exceed 3 years at the discretion of the court, shall be imposed for second or subsequent violations of Sec. 48 (par. 9 & 10)

Section 49. Fine and Penalties

(f) Any person who violates Sec. 48 (par 12 & 13), shall upon conviction, be punished w/ a fined of not less than 10000 but not more than 200000 or imprisonment of not less than 30 days but not more than 3 years

Section 49. Fine and Penalties

(g) Any person who violates Sec. 48 (par 14,15 & 16), shall upon conviction, be punished w/ a fined of not less than 100000 but not more than 1000000 or imprisonment of not less than 1 year but not more than 6 years

GOOD SOLID WASTE MANAGEMENT PRACTICES OF IN PHILIPPINES

(1) THE BUSTOS SOLID WASTE MANAGEMENT PROGRAM (2) THE DALAW KALINISAN PROGRAM (3) MANILA ECOLOGICAL WASTE MANAGEMENT PROJECT (4) GUIMARAS WASTE MANAGEMENT PROJECT (5) METRO DUMAGUETE SWM PROGRAM (6) SIBULAN SOLID WASTE MANAGEMENT PROGRAM (7) OPLAN DALUS TASK FORCE

(8) CALOOCAN CITY MATERIALS RECOVERY FACILITY

CONSTRUCTION OF COMPOST PITS

CONSTRUCTION OF STORAGE BINS FOR RECYCLABLE WASTES

MAINTAINING CLEANLINESS IN YARDS AND STREETS

PLANTING VEGETABLES, TREES, AND FLOWERS IN GARDENS

FORA, SEMINARS & TRAINING

SCHOOLS, SUBDIVISIONS, BARANGAYS, PEOPLES ORGANIZATIONS, INSTITUTIONS, AND BIG BUSINESS ESTABLISHMENTS.

THE END...

SEVEN GUIDING PRINCIPLES OF SOLID WASTE MANAGEMENT (SWM)

1. WASTE IS A RESOURCE. 2. WASTE PREVENTION IS BETTER THAN WASTE REGULATION. 3. THERE IS NO SINGLE MANAGEMENT AND TECHNOLOGICAL APPROACH TO SOLID WASTE.

4. ALL ELEMENTS OF SOCIETY ARE FUNDAMENTALLY RESPONSIBLE FOR SOLID WASTE MANAGEMENT.
5. THOSE WHO GENERATE WASTE MUST BEAR THE COST OF ITS MANAGEMENT AND DISPOSAL

6. SOLID WASTE MANAGEMENT SHOULD BE APPROACHED WITHIN THE CONTEXT OF RESOURCE CONSERVATION, ENVIRONMENTAL PROTECTION AND HEALTH, AND SUSTAINABLE DEVELOPMENT. 7. SWM PROGRAMS SHOULD CONSIDER THE PHYSICAL AND SOCIO-ECONOMIC CONDITIONS OF THE CONCERNED COMMUNITIES AND SHOULD BE DESIGNED ACCORDING TO COMMUNITIES SPECIFIC NEEDS.

BEST PRACTICES IN SOLID WASTE MANAGEMENT OUTSIDE THE PHILIPPINES

 RECYCLABLE MATERIAL IS SOURCE-SEPARATED INDIVIDUAL TRASH CANS ARE REMOVED AND REPLACED WITH SMALL, DESK-TOP RECEPTACLES AND A LARGE CENTRALIZED TRASH BIN FOOD DISCARD COLLECTION IS ESTABLISHED EDUCATIONAL PROGRAM FOR GUESTS, EMPLOYEES, AND VENDORS TO MAKE SURE THAT EVERYONE IS INVOLVED IN WASTE REDUCTION EFFORTS

 IN THEIR RESOURCE CONSERVATION PROGRAM, THE HOTELS ALSO BUY FROM LOCAL PRODUCERS AND BUY RECYCLED MATERIALS WHEN POSSIBLE COMPOSTING PROJECT THE COMPANY ENGAGES IN DIVERSE REDUCTION, REUSE, REMANUFACTURE, AND RECYCLING EFFORTS.