REPUBLIC ACT 9003 January 26, 2001

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

Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:

CHAPTER I BASIC POLICIES

Article 1 General Provisions

Section 1. Short Title - This Act shall be known as the "Ecological Solid Waste Management Act of 2000."

Section 2. Declaration of Policies - It is hereby declared the policy of the State to adopt a systematic, comprehensive
and ecological solid waste management program which shall:

(a) Ensure the protection of the public health and environment;

(b) Utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage resource
conservation and recovery;

(c) Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste
minimization measures, including composting, recycling, re-use, recovery, green charcoal process, and others, before
collection, treatment and disposal in appropriate and environmentally sound solid waste management facilities in
accordance with ecologically sustainable development principles;

(d) Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste through the
formulation and adoption of the best environmental practice in ecological waste management excluding incineration;

(e) Promote national research and development programs for improved solid waste management and resource
conservation techniques, more effective institutional arrangement and indigenous and improved methods of waste
reduction, collection, separation and recovery;

(f) Encourage greater private sector participation in solid waste management;

(g) Retain primary enforcement and responsibility of solid waste management with local government units while
establishing a cooperative effort among the national government, other local government units, non- government
organizations, and the private sector;

(h) Encourage cooperation and self-regulation among waste generators through the application of market-based
instruments;

(i) Institutionalize public participation in the development and implementation of national and local integrated,
comprehensive, and ecological waste management programs; and

(j) Strength the integration of ecological solid waste management and resource conservation and recovery topics into
the academic curricula of formal and non-formal education in order to promote environmental awareness and action
among the citizenry.

Article 2 Definition of Terms

Section 3. Definition of Terms - For the purposes of this Act:

(a) Agricultural waste shall refer to waste generated from planting or harvesting of crops, trimming or pruning of plants
and wastes or run-off materials from farms or fields;

(b) Bulky wastes shall refer to waste materials which cannot be appropriately placed in separate containers because of
either its bulky size, shape or other physical attributes. These include large worn-out or broken household, commercial,
and industrial items such as furniture, lamps, bookcases, filing cabinets, and other similar items;
(c) Bureau shall refer to the Environmental Management Bureau;

(d) Buy-back center shall refer to a recycling center that purchases of otherwise accepts recyclable materials from the
public for the purpose of recycling such materials;

(e) Collection shall refer to the act of removing solid waste from the source or from a communal storage point;

(f) Composting shall refer to the controlled decomposition of organic matter by micro-organisms, mainly bacteria and
fungi, into a humus-like product;

(g) Consumer electronics shall refer to special waste that includes worn-out, broken, and other discarded items such as
radios, stereos, and TV sets;

(h) Controlled dump shall refer to a disposal site at which solid waste is deposited in accordance with the minimum
prescribed standards of site operation;

(i) Department shall refer to the Department of Environment and Natural Resources;

(j) Disposal shall refer to the discharge, deposit, dumping, spilling, leaking or placing of any solid waste into or in an land;

(k) Disposal site shall refer to a site where solid waste is finally discharged and deposited;

(l) Ecological solid waste management shall refer to the systematic administration of activities which provide for
segregation at source, segregated transportation, storage, transfer, processing, treatment, and disposal of solid waste
and all other waste management activities which do not harm the environment;

(m) Environmentally acceptable shall refer to the quality of being re-usable, biodegradable or compostable, recyclable
and not toxic or hazardous to the environment;

(n) Generation shall refer to the act or process of producing solid waste;

(o) Generator shall refer to a person, natural or juridical, who last uses a material and makes it available for disposal or
recycling;

(p) Hazardous waste shall refer to solid waste management or combination of solid waste which because of its quantity,
concentration or physical, chemical or infectious characteristics may:

(1) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating
reversible, illness; or

(2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored,
transported, or disposed of, or otherwise managed;

(q) Leachate shall refer to the liquid produced when waste undergo decomposition, and when water percolate through
solid waste undergoing decomposition. It is contaminated liquid that contains dissolved and suspended materials;

(r) Materials recovery facility - includes a solid waste transfer station or sorting station, drop-off center, a composting
facility, and a recycling facility;

(s) Municipal waste shall refer to wastes produced from activities within local government units which include a
combination of domestic, commercial, institutional and industrial wastes and street litters;

(t) Open dump shall refer to a disposal area wherein the solid wastes are indiscriminately thrown or disposed of without
due planning and consideration for environmental and Health standards;

(u) Opportunity to recycle shall refer to the act of providing a place for collecting source-separated recyclable material,
located either at a disposal site or at another location more convenient to the population being served, and collection at
least once a month of source-separated recyclable material from collection service customers and to providing a public
education and promotion program that gives notice to each person of the opportunity to recycle and encourage source
separation of recyclable material;

(v) Person(s) shall refer to any being, natural or judicial, susceptible of rights and obligations, or of being the subject of
legal relations;
(w) Post-consumer material shall refer only to those materials or products generated by a business or consumer which
have served their intended end use, and which have been separated or diverted from solid waste for the purpose of
being collected, processed and used as a raw material in the manufacturing of recycled product, excluding materials and
by-products generated from, and by-products generated from, and commonly used within an original manufacturing
process, such as mill scrap;

(x) Receptacles shall refer to individual containers used for the source separation and the collection of recyclable
materials;

(y) Recovered material shall refer to material and by products that have been recovered or diverted from solid waste for
the purpose of being collected, processed and used as a raw material in the manufacture of a recycled product;

(z) Recyclable material shall refer to any waste material retrieved from the waste stream and free from contamination
that can still be converted into suitable beneficial use or for other purposes, including, but not limited to, newspaper,
ferrous scrap metal, non-ferrous scrap metal, used oil, corrugated cardboard, aluminum, glass, office paper, tin cans and
other materials as may be determined by the Commission;

(aa) Recycled material shall refer to post-consumer material that has been recycled and returned to the economy;

(bb) Recycling shall refer to the treating of used or waste materials through a process of making them suitable for
beneficial use and for other purposes, and includes any process by which solid waste materials are transformed into new
products in such a manner that the original product may lose their identity, and which maybe used as raw materials for
the production of other goods or services: Provided, That the collection, segregation and re-use of previously used
packaging material shall be deemed recycling under this Act;

(cc) Resource conversation shall refer to the reduction of the amount of solid waste that are generated or the reduction
of overall resource consumption, and utilization of recovered resources;

(dd) Resources recovery shall refer to the collection, extraction or recovery of recyclable materials from the waste
stream for the purpose of recycling, generating energy or producing a product suitable for beneficial use: Provided, That
such resource recovery facilities exclude incineration;

(ee) Re-use shall refer to the process of recovering materials intended for the same or different purpose without the
alteration of physical and chemical characteristics;

(ff) Sanitary landfill shall refer to a waste disposal site designed, constructed, operated and maintained in a manner that
exerts engineering control over significant potential environment impacts arising from the development and operation
of the facility;

(g) Schedule of Compliance shall refer to an enforceable sequence of actions or operations to be accomplished within a
stipulated time frame leading to compliance with a limitation, prohibition or standard set forth in this Act or any rule of
regulation issued pursuant thereto;

(hh) Secretary landfill shall refer to the Secretary of the Department of Environment and Natural Resources;

(ii) Segregation shall refer to a solid waste management practice of separating different materials found in solid waste in
order to promote recycling and re-use of resources and to reduce the volume of waste for collection and disposal;

(jj) Segregation at source shall refer to a solid waste management practice of separating, at the point of origin, different
materials found in solid waste in order to promote recycling and re-use of resources and to reduce the volume of waste
for collection and disposal;

(kk) Solid waste shall refer to all discarded household, commercial waste, non-hazardous institutional and industrial
waste, street sweepings, construction debris, agricultural waste, and other non-hazardous/non-toxic solid waste.

Unless specifically noted otherwise, the term "solid waste" as used in this Act shall not include:

(1) Waste identified or listed as hazardous waste of a solid, liquid, contained gaseous or semisolid form which may cause
or contribute to an increase in mortality or in serious or incapacitating reversible illness, or acute/chronic effect on the
health of persons and other organisms;
(2) Infectious waste from hospitals such as equipment, instruments, utensils, and fomites of a disposable nature from
patients who are suspected to have or have been diagnosed as having communicable diseases and must therefore be
isolated as required by public health agencies, laboratory wastes such as pathological specimens (i.e. all tissues,
specimens of blood elements, excreta, and secretions obtained from patients or laboratory animals) and disposable
fomites that may harbor or transmit pathogenic organisms, and surgical operating room pathologic materials from
outpatient areas and emergency rooms; and

(3) Waste resulting from mining activities, including contaminated soil and debris.

(ll) Solid waste management shall refer to the discipline associated with the control of generation, storage, collection,
transfer and transport, processing, and disposal of solid wastes in a manner that is in accord with the best principles of
public health, economics, engineering, conservation, aesthetics, and other environmental considerations, and that is
also responsive to public attitudes;

(mm) Solid waste management facility shall refer to any resource recovery system or component thereof; any system,
program, or facility for resource conservation; any facility for the collection, source separation, storage, transportation,
transfer, processing, treatment, or disposal of solid waste;

(nn) Source reduction shall refer to the reduction of solid waste before it enters the solid waste stream by methods such
as product design, materials substitution, materials re-use and packaging restrictions;

(oo) Source separation shall refer to the sorting of solid waste into some or all of its component parts at the point of
generation;

(pp) Special wastes shall refer to household hazardous wastes such as paints, thinners, household batteries, lead-acid
batteries, spray canisters and the like. These include wastes from residential and commercial sources that comprise of
bulky wastes, consumer electronics, white goods, yard wastes that are collected separately, batteries, oil, and tires.
These wastes are usually handled separately from other residential and commercial wastes;

(qq) Storage shall refer to the interim containment of solid wastes after generation and prior to collection for ultimate
recovery or disposal;

(rr) Transfer stations shall refer to those facilities utilized to receive solid wastes, temporarily store, separate, convert, or
otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger
vehicles for transport. This term does not include any of the following:

(1) a facility whose principal function is to receive, store, separate, convert or otherwise process in accordance with
national minimum standards, manure;

(2) a facility, whose principal function is to receive, store, convert, or otherwise process wastes which have already been
separated for re-use and are intended for disposals, and

(3) the operations premises of a duly licensed solid waste handling operator who is receives, stores, transfers, or
otherwise processes wastes as an activity incidental to the conduct of a refuse collection and disposal business.

(ss) Waste diversion shall refer to activities which reduce or eliminate the amount of solid waste from waste disposal
facilities;

(tt) White goods shall refer to large worn-out or broken household, commercial, and industrial appliances such as
stoves, refrigerators, dishwashers, and clothes washers and dryers collected separately. White goods ate usually
dismantled for the recovery of specific materials (e.g., copper, aluminum, etc.);

(uu) Yard waste shall refer to wood, small or chipped branches, leaves, grass clippings, garden debris, vegetable residue
that is recognized as part of a plant or vegetable and other materials identified by the Commission.

CHAPTER II INSTITUTIONAL MECHANISM

Section 4. National Solid Waste Management Commission - There is hereby established a National Solid Waste
Management Commission, hereinafter referred to as the Commission, under the Office of the President. The
Commissioner shall be composed of fourteen (14) members from the government sector and three 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 the Interior and Local Government (DILG);

(3) Department of Science and Technology (DOST);

(4) Department of Public Works and Highways (DPWH);

(5) Department of Health (DOH);

(6) Department of Trade and Industry (DTI);

(7) Department of Agriculture (DA);

(8) Metro Manila Development Authority (MMDA);

(9) League of provincial governors;

(10) League of city mayors;

(11) League of municipal mayors;

(12) Association of barangay councils;

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

(14) Philippine Information Agency.

The private sector shall be represented by the following:

(a) A representative from nongovernment organizations (NGOs) whose principal purpose is to promote recycling and the
protection of air and water quality;

(b) A representative from the recycling industry; and

(c) A representative from the manufacturing or packaging industry;

The Commission may, from time to time, call on any other concerned agencies or sectors as it may deem necessary.

Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall be nominated
through a process designed by themselves and shall be appointed by the President for a term of three (3) years.

Provided, further, That the Secretaries of the member agencies of the Commission shall formulate action plans for their
respective agencies to complement the National Solid Waste Management Framework.

The Department Secretary and a private sector representative of the Commission shall serve as chairman and vice
chairman, respectively. The private sector representatives of the Commission shall be appointed on the basis of their
integrity, high decree of professionalism and having distinguished themselves in environmental and resource
management. The members of the Commission shall serve and continue to hold office until their successors shall have
been appointed and qualified. Should a member of the Commission fail to complete his/her term, the unexpired portion
of the term. Finally, the members shall be entitled to reasonable traveling expenses and honoraria.

The Department, through the Environmental Management Bureau, shall provide secretariat support to the Commission.
The Secretariat shall be headed by an executive director who shall be nominated by the members of the Commission
and appointed by the chairman.

Section 5. Powers and Functions of the Commission - The Commission shall oversee the implementation of solid waste
management plans and prescribe policies to achieve the objectives of this Act. The Commission shall undertake the
following activities.

(a) Prepare the national solid waste management framework;

(b) Approve local solid waste management plans in accordance with its rules and regulations;

(c) Review and monitor the implementation of local solid waste management plans;

(d) Coordinate the operation of local solid waste management boards in the provincial and city/municipal levels;

(e) To the maximum extent feasible, utilizing existing resources, assist provincial, city and municipal solid waste
management plans;

(f) Develop a model provincial, city and municipal solid waste management plan that will establish prototypes of the
content and format which provinces, cities and municipalities may use in meeting the requirements of the National Solid
Waste Management Framework;

(g) Adopt a program to provide technical and other capability building assistance and support to local government units
in the development and implementation of source reduction programs;

(h) Develop and implement a program to assist local government units in the identification of markets for materials that
are diverted from disposal facilities through re-use, recycling, and composting, and other environment-friendly methods;

(i) Develop a mechanism for the imposition of sanctions for the violations environmental rules and regulations;

(j) Manage the Solid Waste Management Fund;

(k) Develop and prescribe procedures for the issuance of appropriate permits and clearances.

(l) Review the incentives scheme for effective solid waste management, for purpose of ensuring relevance and efficiency
in achieving the objectives of this Act;

(m) Formulate the necessary education promotion and information campaign strategies;

(n) Establish, after notice and hearing of the parties concerned, standards, criteria, guidelines, and formula that are fair,
equitable and reasonable, in establishing tipping charges and rates that the proponent will charge in the operation and
management of solid waste management facilities and technologies.

(o) Develop safety nets and alternative livelihood programs for small recyclers and other sectors that will be affected as
a result of the construction and/or operation of solid waste management recycling plant or facility.

(p) Formulate and update a list of non-environmentally acceptable materials in accordance with the provisions of this
Act. For this purpose, it shall be necessary that proper consultation be conducted by the Commission with all concerned
industries to ensure a list that is based on technological and economic viability.

(q) Encourage private sector initiatives, community participation and investments resource recovery-based livelihood
programs for local communities.

(r) Encourage all local government agencies and all local government units to patronize products manufactured using
recycled and recyclable materials;

(s) Propose and adopt regulations requiring the source separation and post separation collection, segregated collection,
processing, marketing and sale of organic and designated recyclable material generated in each local government unit;
and

(t) Study and review of the following:

(i) Standards, criteria and guidelines for promulgation and implementation of an integrated national solid waste
management framework; and

(ii) Criteria and guidelines for siting, design, operation and maintenance of solid waste management facilities.

Section 6. Meetings - The Commission shall meet at least once a month. The presence of at least a majority of the
members shall constitute a quorum. The chairman, or in his absence the vice-chairman, shall be the presiding officer. In
the absence of the heads of the agencies mentioned in Sec. 4 of this Act, they may designate permanent representatives
to attend the meetings.
Section 7. The National Ecology Center - There shall be established a National Ecology Center under the Commission
which shall provide consulting, information, training, and networking services for the implementation of the provisions
of this Act.

In this regard, it shall perform the following functions:

(a) Facilitate training and education in integrated ecological solid waste management;

(b) Establish and manage a solid waste management information data base, in coordination with the DTI and other
concerned agencies:

(1) on solid waste generation and management techniques as well as the management, technical and operational
approaches to resource recovery; and

(2) of processors/recyclers, the list of materials being recycled or bought by them and their respective prices;

(c) Promote the development of a recycling market through the establishment of a national recycling network that will
enhance the opportunity to recycle;

(d) Provide or facilitate expert assistance in pilot modeling of solid waste management facilities; and

(e) Develop, test, and disseminate model waste minimization and reduction auditing procedures for evaluating options.

The National Ecology Center shall be headed by the director of the Bureau in his ex officio capacity. It shall maintain a
multi-sectoral, multi-disciplinary pool of experts including those from the academe, inventors, practicing professionals,
business and industry, youth , women and other concerned sectors, who shall be screened according to qualifications
set by the Commission.

Section 8. Role of the Departmen. - For the furtherance of the objectives of this Act, the Department shall have the
following functions:

(a) Chair the Commission created pursuant to this Act;

(b) Prepare an annual National Solid Waste Management Status Report;

(c) Prepare and distribute information, education and communication materials on solid waste management;

(d) Establish methods and other parameters for the measurement of waste reduction, collection and disposal;

(e) Provide technical and other capability building assistance and support to the LGUs in the development and
implementation of local solid waste management plans and programs;

(f) Recommend policies to eliminate barriers to waste reduction programs;

(g) Exercise visitorial and enforcement powers to ensure strict compliance with this Act;

(h) Perform such other powers and functions necessary to achieve the objectives of this Act; and

(i) Issue rules and regulations to effectively implement the provisions of this Act.

Section 9. Visitorial Powers of the Department. - The Department or its duly authorized representative shall have
access to, and the right to copy therefrom, the records required to be maintained pursuant to the provisions of this Act.
The Secretary or the duly authorized representative shall likewise have the right to enter the premises of any generator,
recycler or manufacturer, or other facilities any time to question any employee or investigate any fact, condition or
matter which may be necessary to determine any violation, or which may aid in the effective enforcement of this Act
and its implementing rules and regulations. This Section shall not apply to private dwelling places unless the visitorial
power is otherwise judicially authorized.

Section 10. Role of LGUs in Solid Waste Management - Pursuant to the relevant provisions of R.A. No. 7160, otherwise
known as the Local government code, the LGUs shall be primarily responsible for the implementation and enforcement
of the provisions of this Act within their respective jurisdictions.
Segregation and collection of solid waste shall be conducted at the barangay level specifically for biodegradable,
compostable and reusable wastes: Provided, That the collection of non-recyclable materials and special wastes shall be
the responsibility of the municipality or city.

Section 11. Provincial Solid Waste Management Board - A Provincial Solid Waste Management board shall be
established in every province, to be chaired by the governor. Its members shall include:

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

(b) One (1) representative from the Sangguniang Panlalawigan to be represented by the chairperson of either the
Committees on Environment or Health or their equivalent committees, to be nominated by the presiding officer;

(c) The provincial health and/or general services officers, whichever may be recommended by the governor;

(d) The provincial environment and natural resources officer;

(e) The provincial engineer;

(f) Congressional representatives from each congressional district within the province;

(g) A representative from the NGO sector whose principal purpose is to promote recycling and the protection of air and
water quality;

(h) A representative from the recycling industry;

(i) A representative from the manufacturing or packaging industry; and

(j) A representative of each concerned government agency possessing relevant technical and marketing expertise as may
be determined by the board.

The Provincial Solid Waste Management Board may, from time to time, call on any other concerned agencies or sectors
as it may deem necessary.

Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall be selected
through a process designed by themselves and shall be endorsed by the government agency of representatives of the
Board: Provided, further, that in the Province of Palawan, the Board shall be chaired by the chairman of the Palawan
Council for Sustainable Development, pursuant to Republic Act No. 7611.

In the case of Metro Manila, the Board shall be chaired by the chairperson of the MMDA and its members shall include:

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

(ii) a representative from the NGO sector whose principal purpose is to promote recycling and the protection of air and
water quality;

(iii) a representative from the recycling industry; and

(iv) a representative from the manufacturing or packaging industry.

The Board may, from time to time, call on any other concerned agencies or sectors as it may deem necessary.

Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall be selected
through a process designed by themselves and shall be endorsed by the government agency representatives of the
Board.

The Provincial Solid Waste Management Board shall have the following functions and responsibilities:

(1) Develop a provincial solid waste management plan from the submitted solid waste management plans of the
respective city and municipal solid waste management boards herein created. It shall review and integrate the
submitted plans of all its component cities and municipalities and ensure that the various plan complement each other,
and have the requisite components. The Provincial Solid Waste Management Plan shall be submitted to the Commission
for approval.
The Provincial Plans shall reflect the general program of action and initiatives of the provincial government and
implementing a solid waste management program that would support the various initiatives of its component cities and
municipalities.

(2) Provide the necessary logistical and operational support to its component cities and municipalities in consonance
with subsection (f) of Sec.17 of the Local Government Code;

(3) Recommend measures and safeguards against pollution and for the preservation of the natural ecosystem;

(4) Recommend measures to generate resources, funding and implementation of project and activities as specified in
the duly approved solid waste management plans;

(5) Identify areas within its jurisdiction which have common solid waste management problems and are appropriate
units are planning local solid waste management services in accordance with Section 41 hereof;

(6) Coordinate the efforts of the component cities and municipalities in the implementation of the Provincial Solid Waste
Management Plan;

(7) Develop an appropriate incentive scheme as an integral component of the Provincial Solid Waste Management Plan;

(8) Convene joint meetings of the provincial, city and municipal solid waste management boards at least every quarter
for purposes of integrating, synchronizing, monitoring and evaluating the development and implementation of its
provincial solid waste management plan;

(9) Represent any of its component city or municipality in coordinating its resource and operational requirements with
agencies of the national government;

(10) Oversee the implementation of the Provincial Solid Waste Management Plant;

(11) Review every two (2) years or as the need arises the Provincial Solid Waste Management Plan for purposes of
ensuring its sustainability, viability, effectiveness and relevance in relation to local and international development in the
field of solid waste management; and

(12) Allow for the clustering of LGUs for the solution of common solid waste management problems.

Section 12. City and Municipal Solid Waste Management Board - Each city or municipality shall form a City or Municipal
Waste Management Board that shall prepare, submit and implement a plan for the safe and sanitary management of
solid waste generated in areas under in geographic and political coverage.

The City or Municipal Solid Waste Management Board shall be composed of the city or municipal mayor as head with
the following as members:

a) One (1) representative of Sangguniang Panlungsod or the Sangguniang Bayan, preferably chairpersons of either the
Committees on Environment or Health, who will be designated by the presiding officer;

b) President of the Association of Barangay Councils in the municipality or city;

c) Chairperson of the Sangguniang Kabataan Federation;

d) A representative from NGOs whose principal purpose is to promote recycling and the protection of air and water
quality;

e) A representative from the recycling industry;

f) A representative from the manufacturing or packaging industry; and

g) A representative of each concerned government agency possessing relevant technical and marketing expertise as may
be determined by the Board.

The City or Municipal Solid Waste Management Board may, from time to time, call on any concerned agencies or sectors
as it may deem necessary.
Provided, That representatives from NGOs, recycling and manufacturing or packaging industries shall be selected
through a process designed by themselves and shall be endorsed by the government agency representatives of the
Board.

The City and Municipal Solid Waste Management Boards shall have the following duties and responsibilities:

(1) Develop the City or Municipal Solid Waste Management Plan that shall ensure the long-term management of solid
waste, as well as integrate the various solid waste management plans and strategies of the barangays in its area of
jurisdiction. In the development of the Solid Waste Management Plan, it shall conduct consultations with the various
sectors of the community;

(2) Adopt measures to promote and ensure the viability and effective implementation of solid waste management
programs in its component barangays;

(3) Monitor the implementation of the City or Municipal Solid Waste Management Plan through its various political
subdivisions and in cooperation with the private sector and the NGOs;

(4) Adopt specific revenue-generating measures to promote the viability of its Solid Waste Management Plan;

(5) Convene regular meetings for purposes of planning and coordinating the implementation of the solid waste
management plans of the respective component barangays;

(6) Oversee the implementation of the City or Municipal Solid Waste Management Plan;

(7) Review every two (2) years or as the need arises the City or Municipal Solid Waste Management Plan for purposes of
ensuring its sustainability, viability, effectiveness and relevance in relation to local and international developments in
the field of solid waste management;

(8) Develop the specific mechanics and guidelines for the implementation of the City or Municipal Solid Waste
Management Plan;

(9) Recommended to appropriate local government authorities specific measures or proposals for franchise or build-
operate-transfer agreements with duly recognized institutions, pursuant to R.A.6957, to provide either exclusive or non-
exclusive authority for the collection, transfer, storage, processing, recycling or disposal of municipal solid waste. The
proposals shall take into consideration appropriate government rules and regulations on contracts, franchise and build-
operate-transfer agreements;

(10) Provide the necessary logistical and operational support to its component cities and municipalities in consonance
with subsection (f) of Sec. 17 of the Local Government Code;

(11) Recommended measures and safeguards against pollution and for the preservation of the natural ecosystem; and

(12) Coordinates the efforts of its components barangays in the implementation of the city or municipal Solid Waste
Management Plan.

Section13. Establishment of Multi-Purpose Environment Cooperatives or Association in Every LGU - Multi-purpose

cooperatives and associations that shall undertake activities to promote the implementation and/ or directly undertake
projects in compliance with the provisions of this Act shall be encouraged and promoted in every LGU.

CHAPTER III COMPREHENSIVE SOLID WASTE MANAGEMENT

Article 1 General Provisions

Section 14. National Solid Waste Management Status Report - The Department, in coordination with the DOH and
other concerned agencies, shall within six (6) months after the effectivity of this Act, prepare a National Solid Waste
Management Status Report which shall be used as a basis in formulating the National Solid Waste Management
Framework provided in Sec. 15 of this Act. The concerned agencies shall submit to the Department relevant data
necessary for the completion of the said report within three (3) months following the effectivity of this Act. The said
report shall include, but shall not be limited t0, the following:

(a) Inventory of existing solid waste facilities;

(b) General waste characterization, taking into account the type, quantity of waste generated and estimation of volume
and type of waste for reduction and recycling;

(c) Projection of waste generation;

(d) The varying regional geologic, hydrologic, climatic, and other factors vital in the implementation of solid waste
practices to ensure the reasonable protection of:

(1) the quality of surface and groundwater from leachate contamination;

(2) the quality of surface waters from surface run-off contamination; and

(3) ambient air quality.

(e) Population density, distribution and projected growth;

(f) The political, economic, organizational, financial and management problems affecting comprehensive solid waste
management;

(g) Systems and techniques of waste reduction, re-use and recycling;

(h) Available markets for recyclable materials;

(i) Estimated cost of collecting, storing, transporting, marketing and disposal of wastes and recyclable materials; and

(j) Pertinent qualitative and quantitative information concerning the extent of solid waste management problems and
solid waste management activities undertaken by local government units and the waste generators.

Provided, That the Department, in consultation with concerned agencies, shall review, update and publish a National
Solid Waste Management Status Report every two (2) years or as the need arises.

Section 15. National Solid Waste Management Framework - Within six (6) months from the completion of the national
solid waste management status report under Sec. 14 of this Act, the Commission created under Sec. 4 of this Act shall,
with public participation, formulate and implement a National Solid Waste Management Framework. Such framework
shall consider and include:

(a) Analysis and evaluation of the current state, trends, projections of solid waste management on the national,
provincial and municipal levels;

(b) Identification of critical solid waste facilities and local government units which will need closer monitoring and/or
regulation;

(c) Characteristics and conditions of collection, storage, processing, disposal, operating methods, techniques and
practices, location of facilities where such operating methods, techniques and practices are conducted, taking into
account the nature of the waste;

(d) Waste diversion goal pursuant to Sec. 20 of this Act;

(e) Schedule for the closure and/or upgrading of open and controlled dumps pursuant to Sec. 37 of this Act;

(f) Methods of closing or upgrading open dumps for purposes of eliminating potential health hazards;

(g) The profile of sources, including industrial, commercial, domestic, and other sources;

(h) Practical applications of environmentally sound techniques of water minimization such as, but not limited to,
resource conservation, segregation at source, recycling, resource recovery, including waste-to-energy generation, re-use
and composting;

(i) A technical and economic description of the level of performance that can be attained by various available solid waste
management practices which provide for the protection of public health and the environment;

(j) Appropriate solid waste facilities and conservation systems;

(k) Recycling programs for the recyclable materials, such as but not limited to glass, paper, plastic and metal;
(l) Venues for public participation from all sectors at all phases/stages of the waste management program/project;

(m) Information and education campaign strategies;

(n) A description of levels of performance and appropriate methods and degrees of control that provide, at the
minimum, for protection of public health and welfare through:

(1) Protection of the quality of groundwater and surface waters from leachate and run-off contamination;

(2) Disease and epidemic prevention and control;

(3) Prevention and control of offensive odor; and

(4) Safety and aesthetics.

(o) Minimum criteria to be used by the local government units to define ecological solid waste management practices.
As much as practicable, such guidelines shall also include minimum information for use in deciding the adequate
location, design and construction of facilities associated with solid waste management practices, including the
consideration of regional, geographic, demographic and climatic factors; and

(p) The method and procedure for the phaseout and the eventual closure within eighteen (18) months from the
effectivity of this Act in case of existing open dumps and/or sanitary landfills located within an aquifer, groundwater
reservoir or watershed area.

Section 16. Local Government Solid Waste Management Plans - The province, city or municipality, through its local
solid waste management boards, shall prepare its respective 10-year solid waste management plans consistent with the
national solid waste management framework: Provided, That the waste management plan shall be for the re-use,
recycling and composting of wastes generated in their respective jurisdictions: Provided, further, That the solid waste
management plan of the LGU shall ensure the efficient management of solid waste generated within its jurisdiction. The
plan shall place primary emphasis on implementation of all feasible re-use, recycling, and composting programs while
identifying the amount of landfill and transformation capacity that will be needed for solid waste which cannot be re-
used, recycled, or composted. The plan shall contain all the components provided in Sec. 17 of this Act and a timetable
for the implementation of the solid waste management program in accordance with the National Framework and
pursuant to the provisions of this Act: Provided, finally, That it shall be reviewed and updated every year by the
provincial, city or municipal solid waste management board.

For LGUs which have considered solid waste management alternatives to comply with Sec. 37 of this Act, but are unable
to utilize such alternatives, a timetable or schedule of compliance specifying the remedial measure and eventual
compliance shall be included in the plan.

All local government solid waste management plans shall be subjected to the approval of the Commission. The plan shall
be consistent with the national framework and in accordance with the provisions of this Act and of the policies set by
the Commission; Provided, That in the province of Palawan, the local government solid waste management plan shall be
approved by the Palawan Council for Sustainable Development, pursuant to R.A. No. 7611.

Section 17. The Components of the Local Government Solid Waste Management Plan - The solid waste management
plan shall include, but not limited to, the following components:

(a) City or Municipal Profile - The plan shall indicate the following background information on the city or municipality
and its component barangays, covering important highlights of the distinct geographic and other conditions:

(1) Estimated population of each barangay within the city or municipality and population project for a 10-year period;

(2) Illustration or map of the city/municipality, indicating locations of residential, commercial, and industrial centers, and
agricultural area, as well as dump, landfills and other solid waste facilities. The illustration shall indicate as well, the
proposed sites for disposal and other solid waste facilities;

(3) Estimated solid waste generation and projection by source, such as residential, market, commercial, industrial,
construction/ demolition, street waste,agricultural, agro-industrial, institutional, other waste; and

(4) Inventory of existing waste disposal and other solid waste facilities and capacities.
(b) Waste characterization - For the initial source reduction and recycling element of a local waste management plan,
the LGU waste characterization component shall identify the constituent materials which comprise the solid waste
generated within the jurisdiction of the LGU. The information shall be representative of the solid waste generated and
disposed of within the area. The constituent materials shall be identified by volume, percentage in weight or its
volumetric equivalent, material type, and source of generation which includes residential, commercial, industrial,
governmental, or other materials. Future revisions of waste characterization studies shall identify the constituent
materials which comprise the solid waste disposed of at permitted disposal facilities.

(c) Collection and Transfer - The plan shall take into account the geographic subdivisions to define the coverage of the
solid waste collection area in every barangay. The barangay shall be responsible for ensuring that a 100% collection
efficiency from residential, commercial, industrial and agricultural sources, where necessary within its area of coverage,
is achieved. Toward this end, the plan shall define and identify the specific strategies and activities to be undertaken by
its component barangays, taking into account the following concerns:

(1) Availability and provision of properly designed containers or receptacles in selected collection points for the
temporary storage of solid waste while awaiting collection and transfer to processing sites or to final disposal sites;

(2) Segregation of different types of solid waste for re-use, recycling and composting;

(3) Hauling and transfer of solid waste from source or collection points to processing sites or final disposal sites;

(4) Issuance and enforcement of ordinances to effectively implement a collection system in the barngay; and

(5) Provision of properly trained officers and workers to handle solid waste disposal.

The plan shall define and specify the methods and systems for the transfer of solid waste from specific collection points
to solid waste management facilities.

(d) Processing - The Plan shall define the methods and the facilities required to process the solid waste, including the use
of intermediate treatment facilities for composting, recycling, conversion and other waste processing systems. Other
appropriate waste processing technologies may also be considered provided that such technologies conform with
internationally-acceptable and other standards set in other standards set in other laws and regulations.

(e) Source reduction - The source reduction component shall include a program and implementation schedule which
shows the methods by which the LGU will, in combination with the recycling and composting components, reduce a
sufficient amount of solid waste disposed of in accordance with the diversion requirements of Sec. 20.

The source reduction component shall describe the following:

(1) strategies in reducing the volume of solid waste generated at source;

(2) measures for implementing such strategies and the resources necessary to carry out such activities;

(3) other appropriate waste reduction technologies that may also be considered, provided that such technologies
conform with the standards set pursuant to this Act;

(4) the types of wastes to be reduced pursuant to Sec. 15 of this Act;

(5) the methods that the LGU will use to determine the categories of solid wastes to be diverted from disposal at a
disposal facility through re-use, recycling and composting; and

(6) new facilities and expansion of existing facilities which will be needed to implement re-use, recycling and
composting.

The LGU source reduction component shall include the evaluation and identification of rate structures and fees for the
purpose of reducing the amount of waste generated, an other source reduction strategies, including but not limited to,
programs and economic incentives provided under Sec. 46 of this Act to reduce the use of non-recyclable materials,
replace disposable materials and products with reusable materials and products, reduce packaging, and increase the
efficiency of the use of paper, cardboard, glass, metal, and other materials. The waste reduction activities of the
community shall also take into account, among others, local capability, economic viability, technical requirements, social
concerns' disposition of residual waste and environmental impact: Provided, That, projection of future facilities needed
and estimated cost shall be incorporated in the plan.
(f) Recycling - The recycling component shall include a program and implementation schedule which shows the methods
by which the LGU shall, in combination with source reduction and composting components, reduce a sufficient amount
of solid waste disposed of in accordance with the diversion requirements set in Sec .20.

The LGU recycling component shall describe the following:

(1) The types of materials to be recycled under the programs;

(2) The methods for determining the categories of solid wastes to be diverted from disposal at a disposal facility through
recycling; and

(3) New facilities and expansion of existing facilities needed to implement the recycling component.

The LGU recycling component shall described methods for developing the markets for recycled materials, including, but
not limited to, an evaluation of the feasibility of procurement preferences for the purchase of recycled products. Each
LGU may determine and grant a price preference to encourage the purchase of recycled products.

The five-year strategy for collecting, processing, marketing and selling the designated recyclable materials shall take into
account persons engaged in the business of recycling or persons otherwise providing recycling services before the
effectivity of this Act. Such strategy may be base upon the results of the waste composition analysis performed pursuant
to this Section or information obtained in the course of past collection of solid waste by the local government unit, and
may include recommendations with respect to increasing the number of materials designated for recycling pursuant to
this Act.

The LGU recycling component shall evaluate industrial, commercial, residential, agricultural, governmental and other
curbside, mobile, drop-off and buy-back recycling programs, manual and automated materials recovery facilities, zoning,
building code changes and rate structures which encourage recycling of materials. The Solid Waste Management Plan
shall indicate the specific measures to be undertaken to meet the waste diversion specified under Sec. 20 of this Act.

Recommended revisions to the building ordinances, requiring newly-constructed buildings and buildings undergoing
specified alterations to contain storage space, devices or mechanisms that facilitate source separation and storage of
designated recyclable materials to enable the local government unit to efficiently collect, process, market and sell the
designated materials. Such recommendations shall include, but shall not be limited to separate chutes to facilitate
source separation in multi-family dwellings, storage areas that conform to fire and safety code regulations, and
specialized storage containers.

The Solid Waste Management Plan shall indicate the specific measures to be undertaken to meet the recycling goals
pursuant to the objectives of this Act.

(g) Composting - The composting component shall include a program and implementation schedule which shows the
methods by which the LGU shall, in combination with the source reduction and recycling components, reduce a
sufficient amount of solid waste disposed of within its jurisdiction to comply with the diversion requirements of Sec. 20
hereof.

The LGU composting component shall describe the following:

(1) The types of materials which will be composted under the programs;

(2) The methods for determining the categories of solid wastes to be diverted from disposal at a disposal facility through
composting; and

(3) New facilities, and expansion of existing facilities needed to implement the composting component.

The LGU composting component shall describe methods for developing the markets for composted materials, including,
but not limited to, an evaluation of the feasibility of procurement preferences for the purchase of composted products.
Each LGU may determine and grant a price preference to encourage the purchase of composted products.

(h) Solid waste facility capacity and final disposal - The solid waste facility component shall include, but shall not be
limited to, a projection of the amount of disposal capacity needed to accommodate the solid waste generated, reduced
by the following:
(1) Implementation of source reduction, recycling and composting programs required in this Section or through
implementation of other waste diversion activities pursuant to Sec. 20 of this Act;

(2) Any permitted disposal facility which will be available during the 10-year planning period; and

(3) All disposal capacity which has been secured through an agreement with another LGU, or through an agreement with
a solid waste enterprise.

The plan shall identify existing and proposed disposal sites and waste management facilities in the city or municipality or
in other areas. The plan shall specify the strategies for the efficient disposal of waste through existing disposal facilities
and the identification of prospective sites for future use. The selection and development of disposal sites shall be made
on the basis of internationally accepted standards and on the guidelines set in Sec. 41 and 42 of this Act.

Strategies shall be included to improve said existing sites to reduce adverse impact on health and the environment, and
to extent life span and capacity. The plan shall clearly define projections for future disposal site requirements and the
estimated cost for these efforts.

Open dump sites shall not be allowed as final disposal sites. If an open dump site is existing within the city or
municipality, the plan shall make provisions for its closure or eventual phase out within the period specified under the
framework and pursuant to the provisions under Sec. 37 of this Act. As an alternative, sanitary landfill sites shall be
developed and operated as a final disposal site for solid and, eventually, residual wastes of a municipality or city or a
cluster of municipality and/or cities. Sanitary landfills shall be designed and operated in accordance with the guidelines
set under Secs. 40 and 41 of this Act.

(i) Education and public information - The education and public information component shall describe how the LGU will
educate and inform its citizens about the source reduction, recycling and composting programs.

The plan shall make provisions to ensure that information on waste collection services, solid waste management and
related health and environmental concerns are widely disseminated among the public. This shall be undertaken through
the print and broadcast media and other government agencies in the municipality. The DECS and the Commission on
Higher Education shall ensure that waste management shall be incorporated in the curriculum of primary, secondary
and college students.

(j) Special Waste - The special waste component shall include existing waste handling and disposal practices for special
wastes or household hazardous wastes, and the identification of current and proposed programs to ensure the proper
handling, re-use, and long-term disposal of special wastes;

(k) Resource requirement and funding - The funding component includes identification and description of project costs,
revenues, and revenue sources the LGU will use to implement all components of the LGU solid waste management plan;

The plan shall likewise indicate specific projects, activities, equipment and technological requirements for which outside
sourcing of funds or materials may be necessary to carry out the specific components of the plan. It shall define the
specific uses for its resource requirement s and indicate its costs. The plan shall likewise indicate how the province, city
or municipality intends to generate the funds for the acquisition of its resource requirements. It shall also indicate if
certain resource requirements are being or will be sourced from fees, grants, donations, local funding and other means.
This will serve as basis for the determination and assessment of incentives which may be extended to the province, city
or municipality as provided for in Sec. 45 of this Act.

(l) Privatization of solid waste management projects - The plan shall likewise indicate specific measures to promote the
participation of the private sector in the management of solid wastes, particularly in the generation and development of
the essential technologies for solid waste management. Specific projects or component activities of the plan which may
be offered as private sector investment activity shall be identified and promoted as such. Appropriate incentives for
private sector involvement in solid waste management shall likewise be established and provided for in the plan, in
consonance with Sec. 45 hereof and other existing laws, policies and regulations; and

(m) Incentive programs - A program providing for incentives, cash or otherwise, which shall encourage the participation
of concerned sectors shall likewise be included in the plan.

Section 18. Owner and Operator - Responsibility for compliance with the standards in this Act shall rest with the owner
and/or operator. If specifically designated, the operator is considered to have primary responsibility for compliance;
however, this does not relieve the owner of the duty to take all reasonable steps to assure compliance with these
standards and any assigned conditions. When the title to a disposal is transferred to another person, the new owner
shall be notified by the previous owner of the existence of these standards and of the conditions assigned to assure
compliance.

Section 19. Waste characterization - The Department in coordination with the LGUs, shall be responsible for the
establishment of the guidelines for the accurate characterization of wastes including determination of whether or not
wastes will be compatible with containment features and other wastes, and whether or not wastes are required to be
managed as hazardous wastes under R.A. 6969, otherwise known as the Toxic Substance and Hazardous and Nuclear
Wastes Control Act.

Section 20. Establishing Mandatory Solid Waste Diversion - Each LGU plan shall include an implementation schedule
which shows that within five (5) years after the effectivity of this Act, the LGU shall divert at least 25% of all solid waste
from waste disposal facilities through re-use, recycling and composting activities and other resource recovery activities;
Provided, That the waste diversion goals shall be increased every three (3) years thereafter; Provided, further, That
nothing in this Section prohibits a local government unit from implementing re-use, recycling, and composting activities
designed to exceed the goal.

Article 2 Segregation of Wastes

Section 21. Mandatory Segregation of Solid Wastes - The LGUs shall evaluate alternative roles for the public and private
sectors in providing collection services, type of collection system, or combination of systems, that best meet their needs:
Provided, That segregation of wastes shall primarily be conducted at the source, to include household, institutional,
industrial, commercial and agricultural sources: Provided, further; That wastes shall be segregated into the categories
provided in Sec. 22 of this Act.

For premises containing six (6) or more residential units, the local government unit shall promulgate regulations
requiring the owner or person in charge of such premises to

(a) provide for the residents a designated area and containers in which to accumulate source separated recyclable
materials to be collected by the municipality or private center; and

(b) notify the occupants of each buildings of the requirements of this Act and the regulations promulgated pursuant
thereto.

Section 22. Requirements for the Segregation and Storage of Solid Waste - The following shall be the minimum
standards and requirements for segregation and storage of solid waste pending collection:

(a) There shall be a separate container for each type of waste from all sources: Provided, That in the case of bulky waste,
it will suffice that the same be collected and placed in a separate designated area; and

(b) The solid waste container depending on its use shall be properly marked or identified for on-site collection as
"compostable", "non-recyclable", "recyclable" or "special waste", or any other classification as may be determined by
the Commission.

Article 3 Collection and Transport of Solid Wastes

Section 23. Requirements for Collection of Solid Wastes - The following shall be the minimum standards and
requirements for the collection of solid waste:

(a) All collectors and other personnel directly dealing with collection of solid waste shall be equipped with personal
protective equipment to protect them from the hazards of handling wastes;

(b) Necessary training shall be given to the collectors and personnel to ensure that the solid wastes are handled properly
and in accordance with the guidelines pursuant to this Act; and

(c) Collection of solid waste shall be done in a manner which prevents damage to the container and spillage or scattering
of solid waste within the collection vicinity.
Section 24. Requirements for the Transport of Solid Waste - The use of separate collection schedules and/or separate
trucks or haulers shall be required for specific types of wastes. Otherwise, vehicles used for the collection and transport
of solid wastes shall have the appropriate compartments to facilitate efficient storing of sorted wastes while in transit.

Vehicles shall be designed to consider road size, condition and capacity to ensure the sage and efficient collection and
transport of solid wastes.

The waste compartment shall have a cover to ensure the containment of solid wastes while in transit.

For the purpose of identification, vehicles shall bear the body number, the name, and the telephone number of the
contractor/agency collecting solid waste.

Section 25. Guidelines for Transfer Stations - Transfer stations shall be designed and operated for efficient waste
handling capacity and in compliance with environmental standards and guidelines set pursuant to this Act and other
regulations: Provided, That no waste shall be stored in such station beyond twenty-four (24) hours.

The siting of the transfer station shall consider the land use plan, proximity to collection area, and accessibility of haul
routes to disposal facility. The design shall give primary consideration to size and space sufficiency in order to
accommodate the waste for storage and vehicles for loading and unloading of wastes.

Article 4 Recycling Program

Section 26. Inventory of Existing Markets for Recyclable Materials - The DTI shall within six (6) months from the
effectivity of this Act and in cooperation with the Department, the DILG and other concerned agencies and sectors,
publish a study of existing markets for processing and purchasing recyclable materials and the potential steps necessary
to expand these markets. Such study shall include, but not be limited to, an inventory of existing markets for recyclable
materials, product standards for recyclable and recycled materials, and a proposal, developed in conjunction with the
appropriate agencies, to stimulate the demand for the production of products containing post consumer and recovered
materials.

Section 27. Requirement for Eco-Labeling - The DTI shall formulate and implement a coding system for packaging
materials and products to facilitate waste and recycling and re-use.

Section 28. Reclamation Programs and Buy-back Centers for Recyclables and Toxics - The National Ecology Center shall
assist LGUs in establishing and implementing deposit or reclamation programs in coordination with manufacturers,
recyclers and generators to provide separate collection systems or convenient drop-off locations for recyclable materials
and particularly for separated toxic components of the waste stream like dry cell batteries and tires to ensure that they
are not incinerated or disposed of in a landfill. Upon effectivity of this Act, toxic materials present in the waste stream
should be separated at source, collected separately and further screened and sent to appropriate hazardous waste
treatment and disposal plants, consistent with the provisions of R.A. No. 6969.

Section 29. Non-Environmentally Acceptable Products - Within one (1) year from the effectivity of this Act, the
Commission shall, after public notice and hearing, prepare a list of nonenvironmentally acceptable products as defined
in this Act that shall be prohibited according to a schedule that shall be prepared by the Commission: Provided,
however, That non-environmentally acceptable products shall not be prohibited unless the Commission first finds that
there are alternatives available which are available to consumers at no more than ten percent (10%) greater cost than
the disposable product.

Notwithstanding any other provisions to the contrary, this section shall not apply to:

(a) Packaging used at hospitals, nursing homes or other medical facilities; and

(b) Any packaging which is not environmentally acceptable, but for which there is no commercially available alternatives
as determined by the Commission.

The Commission shall annually review and update the list of prohibited non-environmentally acceptable products.

Section 30. Prohibition on the Use of Non-Environmentally Acceptable Packaging - No person owning, operating or
conducting a commercial establishment in the country shall sell or convey at retail or possess with the intent to sell or
convey at retail any products that are placed, wrapped or packaged in or on packaging which is not environmentally
acceptable packaging: Provided, That the Commission shall determine a phaseout period after proper consultation and
hearing with the stakeholders or with the sectors concerned. The presence in the commercial establishment of non-
environmentally acceptable packaging shall constitute a rebuttable presumption of intent to sell or convey the same at
retail to customers.

Any person who is a manufacturer, broker or warehouse operator engaging in the distribution or transportation of
commercial products within the country shall file a report with the concerned local government within one (1) year from
the effectivity of this Act, and annually thereafter, a listing of any products in packaging which is not environmentally
acceptable. The Commission shall prescribe the form of such report in its regulations.

A violation of this Section shall be sufficient grounds for the revocation, suspension, denial or non-renewal of any license
for the establishment in which the violation occurs.

Section 31. Recycling Market Development - The Commission together with the National Ecology Center, the DTI and
the Department of Finance shall establish procedures, standards and strategies to market recyclable materials and
develop the local market for recycle goods, including but not limited to:

(a) measures providing economic incentives and assistance including loans and grants for the establishment of privately-
owned facilities to manufacture finished products from post-consumer materials;

(b) guarantees by the national and local governments to purchase a percentage of the output of the facility; and

(c) maintaining a list of prospective buyers, establishing contact with prospective buyers and reviewing and making any
necessary changes in collecting or processing the materials to improve their marketability.

In order to encourage establishments of new facilities to produce goods from post-consumer and recovered materials
generated within local government units, and to conserve energy by reducing materials transportation, whenever
appropriate, each local government unit may arranged for long-term contracts to purchase a substantial share of the
product output of a proposed facility which will be based in the jurisdiction of the local government unit if such facility
will manufacture such finished proucts form post-consumer and recovered materials.

Section 32. Establishment of LGU Materials Recovery Facility. - There shall be established a Materials Recovery Facility
(MRF) in every barangay or cluster of barangays. The facility shall be established in a barangay-owned or -leased land or
any suitable open space to be determined by the barangay through its Sanggunian. For this purpose, the barangay or
cluster of barangays shall allocate a certain parcel of land for the MRF. The MRF shall receive mixed waste for final
sorting, segregation, composting, and recycling. The resulting residual wastes shall be transferred to a long term storage
or disposal facility or sanitary landfill.

Section 33. Guidelines for Establishment of Materials Recovery Facility - Materials recovery facilities shall be designed
to receive, sort, process and store compostable and recyclable material efficiently and in an environmentally sound
manner. The facility shall address the following considerations:

(a) The building and/or land layout and equipment must be designed to accommodate efficient and safe materials
processing, movement, and storage; and

(b) The building must be designed to allow efficient and safe external access and to accommodate internal flow.

Article 5 Composting

Section34. Inventory of Markets of Composts - Within six (6) months after the effectivity of this Act, the DA shall
publish an inventory of existing markets and demands for composts. Said inventory shall thereafter be updated and
published annually: Provided, That the composting of agricultural wastes and other compostable materials, including but
not limited to garden wastes, shall be encouraged.

Section 35. Guidelines for Compost Quality - Compost products intended to be distributed commercially shall conform
with the standards for organic fertilizers set by the DA. The DA shall assist the compost producers to ensure that the
compost products conform to such standards.

Article 6 Waste Management Facilities

Section 36. Inventory of Waste Disposal Facilities - Within six (6) months from the effectivity of this Act, the
Department, in cooperation with the DOH, DILG and other concerned agencies, shall publish an inventory of all solid
waste disposal facilities or sites in the country.

Section 37. Prohibition Against the Use of Open Dumps for Solid Waste - No open dumps shall be established and
operated, nor any practice or disposal of solid waste by any person, including LGUs, which constitutes the use of open
dumps for solid wastes, be allowed after the effectivity of this Acts: Provided, That within three (3) years after the
effectivity of this Act, every LGU shall convert its open dumps into controlled dumps, in accordance with the guidelines
set in Sec. 41 of this Act: Provided, further, That no controlled dumps shall be allowed five (5) years following the
effectivity of this Act.

Section 38. Permit for Solid Waste Management Facility Construction and Expansion - No person shall commence
operation, including site preparation and construction of a new solid waste management facility or the expansion of an
existing facility until said person obtains an Environment Compliance Certificate (ECC) from the Department pursuant to
P.D. 1586 and other permits and clearances form concerned agencies.

Section 39. Guidelines for Controlled Dumps - The following shall be the minimum considerations for the
establishments of controlled dumps:

(a) Regular inert cover;

(b) Surface water and peripheral site drainage control;

(c) Provision for aerobic and anaerobic decomposition;

(d) Restriction of waste deposition to small working areas;

(e) Fence, including provisions for litter control;

(f) Basic record-keeping;

(g) Provision of maintained access road;

(h) Controlled waste picking and trading;

(i) Post-closure site cover and vegetation; and

(j) Hydro geological siting.

Section 40. Criteria for Siting a Sanitary Landfill - The following shall be the minimum criteria for the siting of sanitary
landfills:

(a) The site selected must be consistent with the overall land use plan of the LGU;

(b) The site must be accessible from major roadways or thoroughfares;

(c) The site should have an adequate quantity of earth cover material that is easily handled and compacted;

(d) The site must be chosen with regard for the sensitivities of the community's residents;

(e) The site must be located in an area where the landfill's operation will not detrimentally affect environmentally
sensitive resources such as aquifer, groundwater reservoir or watershed area;

(f) The site should be large enough to accommodate the community's wastes for a period of five (5) years during which
people must internalize the value of environmentally sound and sustainable solid waste disposal;

(g) The site chosen should facilitate developing a landfill that will satisfy budgetary constraints, including site
development, operation for many years, closure, post-closure care and possible remediation costs;

(h) 0perating plans must include provisions for coordinating with recycling and resource recovery projects; and

(i) Designation of a separate containment area for household hazardous wastes.

Section 41. Criteria for Establishment of Sanitary Landfill - The following shall be the minimum criteria for the
establishment of sanitary landfills:

(a) Liners - a system of clay layers and/or geosynthethic membranes used to contain leachate and reduce or prevent
contaminant flow to groundwater;

(b) Leachate collection and treatment system - installation of pipes at the low areas of the liner to collect leachate for
storage and eventual treatment and discharge;

(c) Gas control and recovery system - a series of vertical wells or horizontal trenches containing permeable materials and
perforated piping placed in the landfill to collect gas for treatment or productive use as an energy source

(d) Groundwater monitoring well system - wells placed at an appropriate location and depth for taking water that are
representative of ground water quality;

(e) Cover - two (2) forms of cover consisting of soil and geosynthetic materials to protect the waste from long-term
contact with the environment:

(i) a daily cover placed over the waste at the close of each day's operations, and;

(ii) a final cover, or cap, which is the material placed over the completed landfill to control infiltration of water, gas
emission to the atmosphere, and erosion.

(f) Closure procedure with the objectives of establishing low maintenance cover systems and final cover that minimizes
the infiltration of precipitation into the waste. Installation of the final cover must be completed within six (6) months of
the last receipt of waste;

(g) Post-closure care procedure - During this period, the landfill owner shall be responsible for providing for the general
upkeep of the landfill, maintaining all of the landfill's environmental protection features, operating monitoring
equipment, remediating groundwater should it become contaminated and controlling landfill gas migration or emission.

Section 42. Operating Criteria for Sanitary Landfills - In the operation of a sanitary land fill, each site operator shall
maintain the following minimum operating equipments:

(a) Disposal site records of, but not limited to:

(1) Records of weights or volumes accepted in a form and manner approved by the Department. Such records shall be
submitted to the Department upon request, accurate to within ten percent (10%) and adequate for overall planning
purposes and forecasting the rate of site filling;

(2) Records of excavations which may affect the safe and proper operation of the site or cause damage to adjoining
properties;

(3) Daily log book or file of the following information: fires, landslides, earthquake damage, unusual and sudden
settlement, injury and property damage, accidents, explosions, receipts or rejection of unpermitted wastes, flooding and
other unusual occurrences;

(4) Record of personnel training; and

(5) Copy of written notification to the Department, local health agency, and fire authority of names, addresses and
telephone numbers of the operator or responsible party of the site;

(b) Water quality monitoring of surface and ground waters and effluent, and gas emissions;

(c) Documentation of approvals, determinations and other requirements by the Department;

(d) Signs:

(1) Each point of access from a public road shall be posted with an easily visible sigh indicating the facility name and
other pertinent information as required by the Department;

(2) If the site is open to the public, there shall be an easily visible sign at the primary entrance of the site indicating the
name of the site operator, the operator's telephone number, and hours of operation; an easily visible sign at an
appropriate point shall indicate the schedule of changes and the general types of materials which will either be accepted
or not;

(3) If the site is open to the public, there shall be an easily visible road sign and/or traffic control measures which direct
traffic to the active face and other areas where wastes or recyclable materials will be deposited; and

(4) Additional signs and/or measures may be required at a disposal site by the Department to protect personnel and
public health and safety;

(e) Monitoring of quality of surface, ground and effluent waters, and gas emissions;

(f) The site shall be designed to discourage unauthorized access by persons and vehicles by using a perimeter barrier or
topographic constraints. Areas within the site where open storage, or pounding of hazardous materials occurs shall be
separately fenced or otherwise secured as determined by the Department. The Department may also require that other
areas of the site be fenced to create an appropriate level of security;

(g) Roads within the permitted facility boundary shall be designed to minimize the generation of dust and the tracking of
material onto adjacent public roads. Such roads shall be kept in safe condition and maintained such that vehicle access
and unloading can be conducted during inclement weather;

(h) Sanitary facilities consisting of adequate number of toilets and handwashing facilities, shall be available to personnel
at or in the immediate vicinity of the site;

(i) Safe and adequate drinking water supply for the site personnel shall be available;

(j) The site shall have communication facilities available to site personnel to allow quick response to emergencies;

(k) Where operations are conducted during hours of darkness, the site and/or equipment shall be equipped with
adequate lighting as approved by the Department to ensure safety and to monitor the effectiveness of operations;

(l) Operating and maintenance personnel shall wear and use appropriate safety equipment as required by the
Department;

(m) Personnel assigned to operate the site shall be adequately trained in subject pertinent to the site operation and
maintenance, hazardous materials recognition and screening, and heavy equipment operations, with emphasis on
safety, health, environmental controls and emergency procedures. A record of such training shall be placed in the
operating record;

(n) The site operator shall provide adequate supervision of a sufficient number of qualified personnel to ensure proper
operation of the site in compliance with all applicable laws, regulations, permit conditions and other requirements. The
operator shall notify the Department and local health agency in writing of the names, addresses, and telephone number
of the operator or responsible party. A copy of the written notification shall be placed in the operation record;

(o) Any disposal site open to the public shall have an attendant present during public operating hours or the site shall be
inspected by the operator on a regularly scheduled basis, as determined by the Department;

(p) Unloading of solid wastes shall be confined to a small area as possible to accommodate the number of vehicles using
the area without resulting in traffic, personnel, or public safety hazards. Waste materials shall normally be deposited at
the toe of the fill, or as otherwise approved by the Department;

(q) Solid waste shall be spread and compacted in layers with repeated passages of the landfill equipment to minimize
voids within the cell and maximize compaction. The loose layer shall not exceed a depth approximately two feet before
compaction. Spreading and compacting shall be accomplished as rapidly as practicable, unless otherwise approved by
the Department;

(r) Covered surfaces of the disposal area shall be graded to promote lateral runoff of precipitation and to prevent
pounding. Grades shall be established of sufficient slopes to account for future settlement of the fill surface. Other
effective maintenance methods may be allowed by the Department; and

(s) Cover material or native material unsuitable for cover, stockpiled on the site for use or removal, shall be placed so as
not to cause problems or interfere with unloading, spreading, compacting, access, safety drainage, or other operations.
Article 7 Local Government Solid Waste Management

Section 43. Guidelines for Identification of Common Solid Waste Management Problems - For purposes of encouraging
and facilitating the development of local government plans for solid waste management, the Commission shall, as soon
as practicable but not later than six (6) months from the effectivity of this Act, publish guidelines for the identification of
those areas which have common solid waste management problems and are appropriate units for clustered solid waste
management services. The guidelines shall be based on the following:

(a) the size and location of areas which should be included;

(b) the volume of solid waste which would be generated;

(c) the available means of coordinating local government planning between and among the LGUs and for the integration
of such with the national plan; and

(d) possible lifespan of the disposal facilities.

Section 44. Establishment of Common Waste Treatment and Disposal Facilities - Pursuant to Sec. 33 of R.A.7160,
otherwise known as the Local Government Code, all provinces, cities, municipalities and barangays, through appropriate
ordinances, are hereby mandated to consolidate, or coordinate their efforts, services, and resources for purposes of
jointly addressing common solid waste management problems and/or establishing common waste disposal facilities.

The Department, the Commission and local solid waste management boards shall provide technical and marketing
assistance to the LGUs.

CHAPTER IV INCENTIVES

Section 45. Incentives.

(a) Rewards, monetary or otherwise, shall be provided to individuals, private organizations and entitles, including non-
government organizations, that have undertaken outstanding and innovative projects, technologies, processes and
techniques or activities in re-use, recycling and reduction. Said rewards shall be sourced from the Fund herein created.

(b) An incentive scheme is hereby provided for the purpose of encouraging LGUs, enterprises, or private entities,
including NGOs, to develop or undertake an effective solid waste management, or actively participate in any program
geared towards the promotion thereof as provided for in this Act.

(1) Fiscal Incentives. - Consistent with the provisions of E.O. 226, otherwise known as the Omnibus Investments Code,
the following tax incentives shall be granted:

(a) Tax and Duty Exemption on Imported Capital Equipment and Vehicles - Within ten (10) years upon effectively of this
Act, LGUs, enterprises or private entities shall enjoy tax and duty free importation of machinery, equipment, vehicles
and spare parts used for collection, transportation, segregation, recycling, re-use and composing of solid wastes:
Provided, That the importation of such machinery, equipment, vehicle and spare parts shall comply with the following
conditions:

(i) They are not manufactured domestically in sufficient quantity, of comparable quality and at reasonable prices;

(ii) They are reasonably needed and will be used actually, directly and exclusively for the above mentioned activities;

(iii) The approval of the Board of Investment (BOI) of the DTI for the importation of such machinery, equipment, vehicle
and spare parts.

Provided, further, That the sale, transfer or disposition of such machinery, equipment, vehicle and spare parts, without
prior approval of the (BOI), within five (5) years from the date of acquisition shall be prohibited, otherwise, the LGU
concerned, enterprise or private entities and the vendee, transferee, or assignee shall be solidarily liable to pay twice
the amount of tax and duty exemption given it.

(b) Tax Credit on Domestic Equipment - Within ten (10) years from the effectivity of this Act, a tax credit equivalent to
50% of the value of the national internal revenue taxes and customs duties that would have been waived on the
machinery, equipment, vehicle and spare parts, had these items been imported shall be given to enterprises, private
entities, including NGOs, subject to the same conditions and prohibition cited in the preceding paragraph.

(c) Tax and Duty Exemption of Donations, Legacies and Gift - All legacies, gifts and donations to LGUs, enterprises or
private entities, including NGOs, for the support and maintenance of the program for effective solid waste management
shall be exempt from all internal revenue taxes and customs duties, and shall be deductible in full from the gross income
of the donor for income tax purposes.

(2) Non-Fiscal Incentives. - LGUs, enterprises or private entities availing of tax incentives under this Act shall also be
entitled to applicable non-fiscal incentives provided for under E.O. 226, otherwise known as the Omnibus Investments
Code.

The Commission shall provide incentives to businesses and industries that are engaged in the recycling of wastes and
which are registered with the Commission and have been issued ECCs in accordance with the guidelines established by
the Commission. Such incentives shall include simplified procedures for the importation of equipment, spare parts, new
materials, and supplies, and for the export of processed products.

(3) Financial Assistance Program. - Government financial institutions such as the Development Bank of the Philippines
(DBP), Landbank of the Philippines (LBP), Government Service Insurance System (GSIS), and such other government
institutions providing financial services shall, in accordance with and to the extent allowed by the enabling provisions of
their respective charters or applicable laws, accord high priority to extend financial services to individuals, enterprises,
or private entities engaged in solid waste mangement.

(4) Extension of Grants to LGUs. - Provinces, cities and municipalities whose solid waste management plans have been
duly approved by the Commission or who have been commended by the Commission for adopting innovative solid
waste management programs may be entitled to receive grants for the purpose of developing their technical capacities
toward actively participating in the program for effectively and sustainable solid waste management.

(5) Incentives to Host LGUs. - Local government units who host common waste management facilities shall be entitled to
incentives.

CHAPTER V FINANCING SOLID WASTE MANAGEMENT

Section 46. Solid Waste Management Fund - There is hereby created, as a special account in the National Treasury, a
Solid Waste Management Fund to be administered by the Commission. Such fund shall be sourced from the following:

(a) Fines and penalties imposed, proceeds of permits and licenses issued by the Department under this Act, donations,
endowments, grants and contributions from domestic and foreign sources; and

(b) Amounts specifically appropriated for the Fund under the annual General Appropriations Act;

The Fund shall be used to finance the following:

(1) products, facilities, technologies and processes to enhance proper solid waste management;

(2) awards and incentives;

(3) research programs;

(4) information, education, communication and monitoring activities;

(5) technical assistance; and

(6) capability building activities.

LGUs are entitled to avail of the Fund on the basis of their approved solid waste management plan. Specific criteria for
the availment of the Fund shall be prepared by the Commission.

The fines collected under Sec. 49 shall be allocated to the LGU where the fined prohibited acts are committed in order to
finance the solid waste management of said LGU. Such allocation shall be based on a sharing scheme between the Fund
and the LGU concerned.

In no case, however, shall the Fund be used for the creation of positions or payment of salaries and wages.
Section 47. Authority to Collect Solid Waste Management Fees - The local government unit shall impose fees in
amounts sufficient to pay the costs of preparing, adopting, and implementing a solid waste management plan prepared
pursuant to this Act. The fees shall be based on the following minimum factors:

(a) types of solid waste;

(b) amount/volume of waste; and

(c) distance of the transfer station to the waste management facility.

The fees shall be used to pay the actual costs incurred by the LGU in collecting the local fees. In determining the
amounts of the fees, an LGU shall include only those costs directly related to the adoption and implementation of the
plan and the setting and collection of the local fees.

CHAPTER VI PENAL PROVISIONS

Section 48. Prohibited Acts - The following acts are prohibited:

(1) Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros or parks, and
establishment, or causing or permitting the same;

(2) Undertaking activities or operating, collecting or transporting equipment in violation of sanitation operation and
other requirements or permits set forth in established pursuant;

(3) The open burning of solid waste;

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

(5) Squatting in open dumps and landfills;

(6) Open dumping, burying of biodegradable or non-biodegradable materials in flood prone areas;

(7) Unauthorized removal of recyclable material intended for collection by authorized persons;

(8) The mixing of source-separated recyclable material with other solid waste in any vehicle, box, container or receptacle
used in solid waste collection or disposal;

(9) Establishment or operation of open dumps as enjoined in this Act, or closure of said dumps in violation of Sec. 37;

(10) The manufacture, distribution or use of non-environmentally acceptable packaging materials;

(11) Importation of consumer products packaged in non-environmentally acceptable materials;

(12) Importation of toxic wastes misrepresented as "recyclable" or "with recyclable content";

(13) Transport and dumplog in bulk of collected domestic, industrial, commercial, and institutional wastes in areas other
than centers or facilities prescribe under this Act;

(14) Site preparation, construction, expansion or operation of waste management facilities without an Environmental
Compliance Certificate required pursuant to Presidential Decree No. 1586 and this Act and not conforming with the land
use plan of the LGU;

(15) The construction of any establishment within two hundred (200) meters from open dumps or controlled dumps, or
sanitary landfill; and

(16) The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir, or
watershed area and or any portions thereof.

Section 49. Fines and Penalties -

(a) Any person who violates Sec. 48 paragraph (1) shall, upon conviction, be punished with a fine of not less than Three
hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or render community service for not less
than one (1) day to not more than fifteen (15) days to an LGU where such prohibited acts are committed, or both;
(b) Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction be punished with a fine of not less than
Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or imprisonment of not less than
one (1) day but to not more than fifteen (15) days, or both;

(c) Any person who violates Sec. 48, pars. (4), (5), (6) and (7) shall, upon conviction, be punished with a fine of not less
than One thousand pesos (P1,000.00) but not more than Three thousand pesos (P3,000.00) or imprisonment of not less
than fifteen (15) day but to not more than six (6) months, or both;

(d) Any person who violates Sec. 48, pars (8), (9), (10) and (11) for the first time shall, upon conviction, pay a fine of Five
hundred thousand pesos (P500,000.00) plus and amount not less than five percent (5%) but not more than ten percent
(10%) of his net annual income during the previous year.

The additional penalty of imprisonment of a minimum period of one (1) year but not to exceed three (3) years at the
discretion of the court, shall be imposed for second or subsequent violations of Sec. 48, pars. (9) and (10).

(e) Any person who violates Sec. 48, pars. (12) 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 imprisonment of not
less than thirty (30) days but not more than three (3) years, or both;

(f) Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon conviction, be punished with a fine not less than
One hundred thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00), or imprisonment not
less than one (1) year but not more than six (6) years, or both.

If the offense is committed by a corporation, partnership, or other juridical identity duly recognized in accordance with
the law, the chief executive officer, president, general manager, managing partner or such other officer-in-charge shall
be liable for the commission of the offense penalized under this Act.

If the offender is an alien, he shall, after service of the sentence prescribed above, be deported without further
administrative proceedings.

The fines herein prescribed shall be increased by at lest ten (10%) percent every three (3) years to compensate for
inflation and to maintain the deterrent functions of such fines.

Section 50. Administrative Sanctions - Local government officials and officials of government agencies concerned who
fail to comply with and enforce rules and regulations promulgated relative to this Act shall be charged administratively
in accordance with R.A. 7160 and other existing laws, rules and regulations

CHAPTER VII MISCELLANEOUS PROVISIONS

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

Section 52. Citizens Suits - For the purposes of enforcing the provisions of this Act or its implementing rules and
regulations, any citizen may file an appropriate civil, criminal or administrative action in the proper courts/bodies
against:

(a) Any person who violates or fails to comply with the provisions of this Act its implementing rules and regulations; or

(b) The Department or other implementing agencies with respect to orders, rules and regulations issued inconsistent
with this Act; and/or

(c) Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty by this Act
or its implementing rules and regulations; or abuses his authority in the performance of his duty; or, in any many
improperly performs his duties under this Act or its implementing rules and regulations; Provided, however, That no suit
can be filed until after thirty-day (30) notice has been given to the public officer and the alleged violator concerned and
no appropriate action has been taken thereon.

The Court shall exempt such action from the payment of filing fees and statements likewise, upon prima facie showing
of the non-enforcement or violation complained of, exempt the plaintiff from the filing of an injunction bond for the
issuance of preliminary injunction.
In the event that the citizen should prevail, the Court shall award reasonable attorney's fees, moral damages and
litigation costs as appropriate.

Section 53. Suits and Strategic Legal Action Against Public Participation (SLAPP) and the Enforcement of this Act -
Where a suit is brought against a person who filed an action as provided in Sec. 52 of this Act, or against any person,
institution or government agency that implements this Act, it shall be the duty of the investigating prosecutor or the
Court, as the case may be, to immediately make a determination not exceeding thirty (30) days whether said legal action
has been filed to harass, vex, exert undue pressure or stifle such legal recourses of the person complaining of or
enforcing the provisions of this Act. Upon determination thereof, evidence warranting the same, the Court shall dismiss
the complaint and award the attorney's fees and double damages.

This provision shall also apply and benefit public officers who are sued for acts committed in their official capacity, there
being no grave abuse of authority, and done in the course of enforcing this Act.

Section 54. Research on Solid Waste Management - The Department after consultations with the cooperating agencies,
shall encourage, cooperate with, and render financial and other assistance to appropriate government agencies and
private agencies, institutions and individuals in the conduct and promotion researches, experiments, and other studies
on solid waste management, particularly those relating to

(a) adverse health effects of the release into the environment of materials present in solid wastes, and methods to
eliminate said effects;

(b) the operation and financing of solid waste disposal program

(c) the planning, implementing and operation of resource recovery and resource conservation systems;

(d) the production of usable forms of recovered resources, including fuel from solid waste;

(e) the development and application of new and improved methods of collecting and disposing of solid waste and
processing and recovering materials and energy from solid waste;

(f) improvements in land disposal practices for solid waste (including sludge); and

(g) development of new uses of recovered resources and identification of existing or potential markets of recovered
resources.

In carrying out solid waste researches and studies, the Secretary of the Department or the authorized representative
may make grants or enter into contracts with government agencies, nongovernment organizations and private persons.

Section 55. Public Education and Information - The Commission shall, in coordination with DECS, TESDA, CHED, DILG
and PIA, conduct a continuing education and information campaign on solid waste management, such education and
information program shall:

(a) Aim to develop public awareness of the ill-effects of and the community based solutions to the solid waste problem;

(b) Concentrate on activities which are feasible and which will have the greatest impact on the solid waste problem of
the country, like resource conservation and recovery, recycling, segregation at source, re-use, reduction, and composing
of solid waste; and

(c) Encourage the general public, accredited NGOs and people's organizations to publicity endorse and patronize
environmentally acceptable products and packaging materials.

Section 56. Environmental Education in the Formal and Nonformal Sectors - The national government, through the
DECS and in coordination with concerned government agencies, NGOs and private institutions, shall strengthen the
integration of environmental concerns in school curricula at all levels, with particular emphasis on the theory and
practice of waste management principles like waste minimization, specifically resource conservation and recovery,
segregation at source, reduction, recycling, re-use,and composing, in order to promote environmental awareness and
action among the citizenry.

Section 57. Business and Industry Role - The Commission shall encourage commercial and industrial establishments,
through appropriate incentives other than tax incentives to initiate, participate and invest in integrated ecological solid
waste management projects to manufacture environment-friendly products, to introduce develop and adopt innovative
processes that shall recycle and re-use materials, conserve raw materials and energy, reduce waste, and prevent
pollution and to undertake community activities to promote and propagate effective solid waste management practices.

Section 58. Appropriations - For the initial operating expenses of the Commission and the National Ecology Center as
well as the expensed of the local government units to carry out the mandate of this Act, the amount of Twenty million
pesos (P20,000,000.00) is hereby appropriated from the Organizational Adjustment Fund on the year this Act is
approved. Thereafter, it shall submit to the Department of Budget and Management its proposed budget for inclusion in
the General Appropriations Act.

Section 59. Implementing Rules and Regulations (IRR) - The Department, in coordination with the Committees on
Environment and Ecology of the Senate and House of Representative, respectively, the representatives of the Leagues of
Provinces, Cities, Municipalities and Barangay Councils, the MMDA and other concerned agencies, shall promulgate the
implementing rules and regulations of this Act, within one (1) year after its enactment: Provided, That rules and
regulations issued by other government agencies and instrumentalities for the prevention and/or abatement of the solid
waste management problem not inconsistent with this Act shall supplement the rules and regulations issued by the
Department, pursuant to the provisions of this Act.

The draft of the IRR shall be published and be the subject of public consultation with affected sectors. It shall be
submitted to the Committee on Environment Ecology of the Senate and House of Representatives, respectively, for
review before approved by the Secretary.

Section 60. Joint Congressional Oversight Committee - There is hereby created a Joint Congressional Oversight
Committee to monitor the implementation of the Act and to oversee the functions of the Commission. The Committee
shall be composed of five (5) Senators and five (5) Representatives to be appointed by the Senate President and Speaker
of the House of Representatives, respectively. The Oversight Committee shall be co-chaired by a Senator and a
Representative designated by the Senate President and the Speaker of the House of Representatives, respectively.

Section 61. Abolition of the Presidential Task Force On Waste Management and the Project Management Office on
Solid Waste Management - The Presidential Task Force on Waste Management which was created by virtue of
Memorandum Circular No. 39 dated November 2, 1987, as amended by Memorandum Circular No. 39A and 88 is hereby
abolished.

Further, pursuant to Administrative Order No. 90 dated October 19, 1992, the Project Management Office on Solid
Waste Management is likewise hereby abolished. Consequently their powers and functions shall be absorbed by the
Commission pursuant to the provisions of this Act.

Section 62. Transitory Provision - Pending the establishment of the framework under Sec. 15 hereof, plans under Sec.
16 and promulgation of the IRR under Sec. 59 of this Act, existing laws, regulations, programs and projects on solid
waste management shall

be enforced: Provided, That for specific undertaking, the same may be revised in the interim in accordance with the
intentions of this Act.

Section 63. Report to Congress - The Commission shall report to Congress not later 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.

Section 64. Separability Clause - If any provision of this Act or the application of such provision to any person or
circumstances is declared unconstitutional, the remainder of the Act or the application of such provision to other
persons or circumstances shall not be affected by such declaration.

Section 65. Repealing Clause - All laws, decrees, issuances, rules and regulations or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

Section 66. Effectivity - This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of
general circulation.

Approved: January 26, 2001

 SIXTEENTH CONGRESS OF THE

REPUBLIC OF THE PHILIPPINES

Section 16, Article II of the 1987 Constitution explicitly provides:

Sec. 16. The State shall protect and advance the right of the people

to a balanced and healthful ecology in accord with the rhythm and

harmony of nature.

The afore mentioned provision of the 1987 Constitution was espoused by the Supreme Court as enunciated in Oposa, et
al. vs. Factoran, et al. (G.R. No. 101083, 30 July 1993) articulating the responsibility of each generation as trustee and
guardian of the environment for succeeding generations. In fact, such responsibility pertains to us not only for being
citizens of the Philippines but ascitizens of the world. Though the factual backdrop of the said case involved timber
license agreements, the protection and conservation of the Republic's marine and aquatic resources is no less
important. The said right need not even be written into our Constitution or our laws for they are said to have been in
existence from the inception of mankind. Since the right to a balanced and healthful ecology carries with it the
correlative duty to refrain from impairing the environment, it is a paramount obligation of the State to safeguard such
right lest such day will come when' all else would be lost and the generations to come shall inherit nothing but a parched
earth incapable of sustaining life. Republic Act 8550, otherwise known as The Philippine Fisheries Code of1998, was thus
enacted into law for the purpose of achieving food security as the overriding consideration in the utilization,
management, development, conservation and protection of fishery resources in order to provide the food needs of the
population and the improvement of the productivity of aquaculture within ecological limits, among others. However, the
same yielded marginal results and proved to be quite ineffective as a deterrent for persons, both natural and juridical, in
pursuing the unlawful acts as defined in the R.A. 8550. Circumvention of the aforesaid law, or

even its direct violation, is still prevalent for the reason that the penalties therein

provided are merely nominal.

The imposition of stiffer penalties by increasing the fines and

imprisonment to be imposed upon persons found guilty of violating R.A. 8550 is

intended to remedy such loophole in the law.

 Republic of the Philippines

Republic Act No. 9275

AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

CHAPTER 1 GENERAL PROVISIONS

ARTICLE 1 DECLARATION OF PRINCIPLES AND POLICIES

SECTION 1. Short Title. - This Act shall be known as the "Philippine Clean Water Act of 2004."

SECTION 2. Declaration of Policy. - The State shall pursue a policy of economic growth in a manner consistent with the
protection, preservation and revival of the quality of our fresh, brackish and marine waters. To achieve this end, the
framework for sustainable development shall be pursued. As such, it shall be the policy of the State:

a) To streamline processes and procedures in the prevention, control and abatement of pollution of the country's water
resources;

b) To promote environmental strategies, use of appropriate economic instruments and of control mechanisms for the
protection of water resources;

c) To formulate a holistic national program of water quality management that recognizes that water quality
management issues cannot be separated from concerns about water sources and ecological protection, water supply,
public health and quality of life;

d) To formulate an integrated water quality management framework through proper delegation and effective
coordination of functions and activities;

e) promote commercial and industrial processes and products that are environment friendly and energy efficient;

f) To encourage cooperation and self-regulation among citizens and industries through the application of incentives and
market-based instruments and to promote the role of private industrial enterprises in shaping its regulatory profile
within the acceptable boundaries of public health and environment;

g) To provide for a comprehensive management program for water pollution focusing on pollution prevention;

h) To promote public information and education and to encourage the participation of an informed and active public in
water quality management and monitoring;

i) To formulate and enforce a system of accountability for short and long-term adverse environmental impact of a
project, program or activity; and

j) To encourage civil society and other sectors, particularly labor, the academe and business undertaking environment-
related activities in their efforts to organize, educate and motivate the people in addressing pertinent environmental
issues and problems at the local and national levels.

SECTION 3. Coverage of the Act. - This Act shall apply to water quality management in all water bodies: Provided, That it
shall primarily apply to the abatement and control of pollution from land based sources: Provided, further, That the
water quality standards and regulations and the civil liability and penal provisions under this Act shall be enforced
irrespective of sources of pollution.

ARTICLE 2 DEFINITION OF TERMS

SECTION 4. Definition of Terms. - As used in this Act:

a) Aquifer - means a layer of water-bearing rock located underground that transmits water in sufficient quantity to
supply pumping wells or natural springs.

b) Aquatic life - means all organisms living in freshwater, brackish and marine environment.
c) Beneficial use - means the use of the environment or any element or segment thereof conducive to public or private
welfare, safety and health; and shall include, but not be limited to, the use of water for domestic, municipal, irrigation,
power generation, fisheries, livestock raising, industrial, recreational and other purposes.

1. Use of water for domestic purposes - means the utilization of water for drinking, washing, bathing, cooking or other
household needs, home gardens and watering of lawns or domestic animals;

2. Use of water for municipal purposes - means the utilization of water for supplying water requirements of the
community;

3. Use of water for irrigation - means the utilization of water for producing agricultural crops;

4. Use of water for power generation - means the utilization of water for producing electrical or mechanical power;

5. Use of water for fisheries - means the utilization of water for the propagation of culture of fish as a commercial
enterprise;

6. Use of water for livestock raising - means the utilization of water for large herds or flocks of animals raised as a
commercial enterprise;

7. Use of water for industrial purposes - means the utilization of water in factories, industrial plants and mines, including
the use of water as an ingredient of a finished product; and

8. Use of water for recreational purposes - means the utilization of water for swimming pools, bath houses, boating,
water skiing, golf courses and other similar facilities in resorts and other places of recreation.

d) Classification/Reclassification of Philippine Waters - means the categorization of all water bodies taking into account,
among others, the following: (1) existing quality of the body of water; (2) size, depth, surface area covered, volume,
direction, rate of flow and gradient of stream; (3) most beneficial existing and future use of said bodies of water and
lands bordering them, such as for residential, agricultural, aquacultural, commercial, industrial, navigational,
recreational, wildlife conservation and aesthetic purposes; and (4) vulnerability of surface and groundwater to
contamination from pollutive and hazardous wastes, agricultural chemicals and underground storage tanks of petroleum
products.

e) Civil Society - means non-government organizations (NGOs) and people's organizations (POs).

f) Cleaner Production - means the application of an integrated, preventive environmental strategy to processes,
products, services to increase efficiency and reduce risk to humans and the environment;

g) Clean-up operations - means activities involving the removal of pollutants discharged or spilled into a water body and
its surrounding areas, and the restoration of the affected areas to their former physical, chemical and biological state or
conditions.

h) Contamination - means the production of substances not found in the natural composition of water that make the
water less desirable or unfit desirable or unfit for intended use.

i) Department - means the Department of Environment and Natural Resources.

j) Discharge includes, but is not limited to, the act of spilling, leaking, pumping, pouring, emitting, emptying, releasing or
dumping of any material into a water body or onto land from which it might flow or drain into said water.

k) Drinking water- means water intended for human consumption or for use in food preparation.

l) Dumping - means any unauthorized or illegal disposal into any body of water or land of wastes or toxic or hazardous
material: Provided, That it does not mean a release of effluent coming from commercial, industrial, and domestic
sources which are within the effluent standards.

m) Effluent - means discharge from known sources which is passed into a body of water or land, or wastewater flowing
out of a manufacturing plant, industrial plant including domestic, commercial and recreational facilities.
n) Effluent standard - means any legal restriction or limitation on quantities, rates, and/or concentrations or any
combination thereof, of physical, chemical or biological parameters of effluent which a person or point source is allowed
to discharge into a body of water or land.

o) Environmental management - means the entire system which includes, but is not limited to, conservation, regulation
and minimization of pollution, clean production, waste management, environmental law and policy, environmental
education and information, study and mitigation of the environmental impacts of human activity, and environmental
research.

p) Environmental management system - means the part of the overall management system that includes organizational
structure, planning activities, responsibilities, practices, procedures, processes and resources for developing,
implementing, achieving, reviewing and maintaining the environment policy.

q) Freshwater - means water containing less than 500 ppm dissolved common salt, sodium chloride, such as that in
groundwater, rivers, ponds and lakes.

r) Groundwater - means a subsurface water that occurs beneath a water table in soils and rocks, or in geological
formations.

s) Groundwater vulnerability - means relative ease with which a contaminant located at or near the land surface can
migrate to the aquifer or deep well.

t) Groundwater vulnerability map - means the identified areas of the land surface where groundwater quality is most at
risk from human activities and shall reflect the different degrees of groundwater vulnerability based on a range of soil
properties and hydro geological criteria to serve as guide in the protection of the groundwater from contamination.

u) Hazardous waste - means any waste or combination of wastes of solid liquid, contained gaseous, or semi-solid form
which cause, of contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible
illness, taking into account toxicity of such waste, its persistence and degradability in nature, its potential for
accumulation or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or
chronic effects on the health of persons or organism.

v) Industrial waste - means any solid, semi-solid or liquid waste material with no commercial value released by a
manufacturing or processing plant other than excluded material.

w) Integrated Water Quality Management Framework - means the policy guideline integrating all the existing
frameworks prepared by all government agencies contain the following; water quality goals and targets; (b) period of
compliance; (c) water pollution control strategies and techniques; (d) water quality information and education program;
(e) human resources development program.

x) Margin - means a landward and outer limiting edge adjacent to the border of any water bodies or a limit beyond
where beyond where saturation zone ceases to exist.

y) National Water Quality Status Report - means a report to be prepared by the Department indicating: a) the location of
water bodies, their quality, taking into account seasonal, tidal and others variations, existing and potential uses and
sources of pollution per specific pollutant and pollution load assessment; b) water quality management areas pursuant
to Section 5 of this Act; c) and water classification.

z) Non-point source - means any source of pollution not identifiable as point source to include, but not be limited to,
runoff from irrigation or rainwater, which picks up pollutants from farms and urban areas.

aa) Point source - means any identifiable source of pollution with specific point of discharge into a particular water body.

bb) Pollutant- shall refer to any substance, whether solid, liquid, gaseous or radioactive, which directly or indirectly:

(i) alters the quality of any segment of the receiving water body to affect or tend to affect adversely any beneficial use
thereof;

(ii) is hazardous or potential hazardous to health;

(iii) imparts objectionable odor, temperature change, or physical, chemical or biological change to any segment of the
water body; or
(iv) is in excess of the allowable limits, concentrations, or quality standards specified, or in contravention of the
condition, limitation or restriction prescribed in this Act.

cc) Pollution control technology- means pollution control devices or apparatus, processes, or other means that
effectively prevent control or reduce pollution of water caused by effluents and other discharges, from any point source
at levels within the water pollution standards.

dd) Potentially infectious medical waste- include isolation wastes, infectious agents, human blood and blood products,
pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, and other disposable medical
equipment and material that may pose a risk to the public health, welfare or the marine environment.

ee) Secretary - means the Secretary of the Department of Environmental and Natural Resources (DENR).

ff) Septage - means the sludge produced on individual onsite wastewater disposal systems, principally septic tanks and
cesspools.

gg) Sewage - means water-borne human or animal wastes, excluding oil or oil wastes, removed from residences,
building, institutions, industrial and commercial establishments together with such groundwater, surface water and
storm water as maybe present including such waste from vessels, offshore structures, other receptacles intended to
receive or retain waste or other places or the combination thereof.

hh) Sewerage - includes, but is not limited to, any system or network of pipelines, ditches, channels, or conduits
including pumping stations, lift stations and force mains, service connections including other constructions, devices, and
appliances appurtenant thereto, which includes the collection, transport, pumping and treatment of sewage to a point
of disposal.

ii) Sludge - means any solid, semi-solid or liquid waste or residue generated from a wastewater treatment plant, water
supply treatment plant, or water control pollution facility, or any other such waste having similar characteristics and
effects.

jj) Surface water - means all water, which is open to the atmosphere and subject to surface runoff.

kk) Treatment - means any method, technique, or process designed to alter the physical, chemical or biological and
radiological character or composition of any waste or wastewater to reduce or prevent pollution.

ll) Toxic amount - means the lowest amount of concentration of toxic pollutants, which may cause chronic or long-term
acute or lethal conditions or effects to the aquatic life, or health of persons or which may adversely affect designated
water uses.

mm) Waste - means any material either solid, liquid, semisolid, contained gas or other forms resulting industrial,
commercial, mining or agricultural operations, or from community and household activities that is devoid of usage and
discarded.

nn) Wastewater - means waste in liquid state containing pollutants.

oo) Water body - means both natural and man-made bodies of fresh, brackish, and saline waters, and includes, but is
not limited to, aquifers, groundwater, springs, creeks, streams, rivers, ponds, lagoons, water reservoirs, lakes, bays,
estuarine, coastal and marine waters. Water bodies do not refer to those constructed, developed and used purposely as
water treatment facilities and / or water storage for recycling and re-use which are integral to process industry or
manufacturing.

pp) Water Pollution - means any alteration of the physical, chemical, biological, or radiological properties of a water
body resulting in the impairment of its purity or quality.

qq) Water Quality - means the characteristics of water, which define its use in characteristics by terms of physical,
chemical, biological, bacteriological or radiological characteristics by which the acceptability of water is evaluated.

rr) Water quality guidelines - means the level for a water constituent or numerical values of physical, chemical, biological
and bacteriological or radiological parameters which are used to classify water resources and their use, which does not
result in significant health risk and which are not intended for direct enforcement but only for water quality
management purposes, such as determining time trends, evaluating stages of deterioration or enhancement of the
water quality, and as basis for taking positive action in preventing, controlling or abating water pollution.

ss) Water Quality Management Area Action Plan - includes, but not be limited to, the following: (a) goals and targets
including sewerage or septage program, (b) schedule of compliance to meet the applicable requirements of this Act; (c)
water pollution control strategies or techniques; (d) water quality information and education program; e) resource
requirement and possible sources; f) enforcement procedures of the plan and (g) rewards and incentives under Chapter
4 of this Act.

CHAPTER 2 WATER QUALITY MANAGEMENT SYSTEM

ARTICLE 1 GENERAL PROVISIONS

SECTION 5. Water Quality Management Area. - The Department, in coordination with National Water Resources Board
(NWRB), shall designate certain areas as water quality management areas using appropriate physiographic units such as
watershed, river basins or water resources regions. Said management areas shall have similar hydrological,
hydrogeological, meteorological or geographic conditions which affect the physicochemical, biological and
bacteriological reactions and diffusions of pollutants in the water bodies, or otherwise share common interest or face
similar development programs, prospects or problems.

Said management area shall be governed by a governing board composed of representatives of mayors and governors of
member local government units (LGUs), and representatives of relevant national government agencies, duly registered
non-governmental organization, water utility sector, and business sector. The Department representative shall chair the
governing board. In the case of the LGUs with memberships on more than one (1) management board, the LGU shall
designate only one (1) single representative for all the management areas wherein is a member.

The governing board shall formulate strategies to coordinate policies necessary for the effective implementation of this
Act in accordance with those established in the framework and monitor the compliance with the action plan.

Each management area shall create a multi-sectoral group to establish and affect water quality surveillance and
monitoring network including sampling schedules and other similar activities. The group shall submit its report and
recommendation to the chairman of the governing board.

A technical secretariat for each management area is hereby created which shall be part of the department and shall
provide technical support to the governing board. They shall be composed of at least four (4) members who shall have
the following minimum qualifications:

a) One (1) member shall be a member of the Philippines Bar;

b) One (1) member shall be a Chemical Engineer, Chemist, Sanitary Engineer, Environmental Engineer or Ecologist or
significant training and experience in chemistry;

c) One (1) member shall be a Civil Engineer or Hydrologist or Significant training and experience in closely related fields
and experience on ground water, respectively; and

d) One (1) member shall be a Geologist, Biologist, or significant training and experience in closely related fields.

The areas within the jurisdiction of the Laguna Lake Development Authority (LLDA) shall be designated as one
management area under the administration of LLDA in accordance with R.A. No. 4850, as amended: Provided, However,
That the standards promulgated pursuant to this Act and wastewater charge system established pursuant hereof shall
be enforced in said area.

SECTION 6. Management of Non-attainment Areas. - The Department shall designate water bodies, or portions thereof,
where specific pollutants from either natural or man-made source have already exceeded water quality guidelines as
non-attainment areas for the exceeded pollutants. It shall prepare and implement a program that will not allow new
sources of exceeded water pollutant in non-attainment areas without a corresponding reduction in discharges from
existing sources; Provided, That if the pollutant is naturally occurring, e.g. naturally high boron and other elements in
geothermal areas, discharge of such pollutant may be allowed: Provided, further, That the effluent concentration of
discharge shall not exceed the naturally occurring level of such pollutant in the area: Provided, Finally, That the effluent
concentration and volume of discharge shall not adversely affect water supply, public health and ecological protection.
The Department shall, in coordination with NWRB, Department of Health (DOH), Department of Agriculture (DA),
governing board and other concerned government agencies and private sectors shall take such measures as may be
necessary to upgrade the quality of such water in non-attainment areas to meet the standards under which it has been
classified.

Upgrading of water quality shall likewise include undertakings, which shall improve the water quality of a water body to
a classification that will meet its projected or potential use.

The LGUs shall prepare and implement contingency plans and other measures including relocation, whenever necessary,
for the protection of health and welfare of the residents within potentially affected areas.

SECTION 7. National Sewerage and Septage Management Program. - The Department of Public Works and Highways
(DPWH), through its relevant attached agencies, in coordination with the Department, local government units (LGUs)
and other concerned agencies, shall, as soon as possible, but in no case exceeding a period of twelve (12) months from
the affectivity of this Act, prepare a national program on sewerage and septage management in connection with Section
8 hereof.

Such program shall include a priority listing of sewerage, septage and combined sewerage-septage projects for LGUs
based on population density and growth, degradation of water resources, topography, geology, vegetation,
program/projects for the rehabilitation of existing facilities and such other factors that the Secretary may deem relevant
to the protection of water quality. On the basis of such national listing, the national government may allot, on an annual
basis, funds for the construction and rehabilitation of required facilities.

Each LGU shall appropriate the necessary land, including the required rights-of-way/road access to the land for the
construction of the sewage and/or septage treatment facilities.

Each LGU may raise funds to subsidize necessary expenses for the operation and maintenance of sewerage treatment or
septage facility servicing their area of jurisdiction through local property taxes and enforcement of a service fee system.

SECTION 8. Domestic Sewage Collection, Treatment and Disposal. - Within five (5) years following the effectivity of this
Act, the Agency vested to provide water supply and sewerage facilities and/or concessionaires in Metro Manila and
other highly urbanized cities (HUCs) as defined in Republic Act No. 7160, in coordination with LGUs, shall be required to
connect the existing sewage line found in all subdivisions, condominiums, commercial centers, hotels, sports and
recreational facilities, hospitals, market places, public buildings, industrial complex and other similar establishments
including households to available sewerage system. Provided, That the said connection shall be subject to sewerage
services charge/fees in accordance with existing laws, rules or regulations unless the sources had already utilized their
own sewerage system: Provided, further, That all sources of sewage and septage shall comply with the requirements
herein.

In areas not considered as HUCs, the DPWH in coordination with the Department, DOH and other concerned agencies,
shall employ septage or combined sewerage-septage management system.

For the purpose of this section, the DOH, coordination with other government agencies, shall formulate guidelines and
standards for the collection, treatment and disposal of sewage including guidelines for the establishment and operation
of centralized sewage treatment system.

SECTION 9. National Water Quality Management Fund. - A water quality management fund, to be administered by the
Department, in coordination with other concerned agencies, as a special account in the National Treasury is hereby
established. The fund shall be used to finance the following:

a) Finance containment and clean-up operations of the government in water pollution cases;

b) Guarantee restoration of ecosystems and rehabilitation of affected areas;

c) Support research, enforcement and monitoring activities;

d) Provide technical assistance to the implementing agencies;

e) Grant rewards and incentives;

f) Support information and educational campaign; and

g) Such other disbursements made solely for the prevention, control or abatement of water pollution and management
and administration of the management areas in the amounts authorized by the Department.

The fines imposed and damages awarded to the government by the Pollution Adjudication Board (PAB), proceeds of
permits issued by the Department under this Act, donations, endowments and grants in the form of contributions to the
national government under this Act shall form part of the fund. Such donations, endowments and grants shall be
exempt from donor's taxes and all other taxes, charges or fees imposed by the government and shall be deductible from
the gross income of the donor for income tax purposes.

Disbursements from the fund shall be subject to the usual accounting and budgeting rules and regulations.

SECTION 10. The Area Water Quality Management Fund. - The area water quality management fund is hereby
established for the maintenance and upkeep of the water bodies in a water quality management area. The fund shall be
utilized for the grant of rewards and incentives for entities whose effluent discharges are better than the water quality
criteria of the target classification of the receiving body of water, loans for acquisitions and repairs of facilities to reduce
quantity and improve quality of wastewater discharges, and regular maintenance of the water bodies within the
management area.

An amount of not more than ten percent (10%) of the total amount accruing to the funds annually shall be allocated for
the operational expenses of the governing board, its secretariat and multi-sectoral water quality surveillance and
monitoring network.

This fund shall initially be sourced from the fines incurred by the establishments located in rural areas before the
effectivity of this Act. Thereafter, the fees collected under the wastewater charge system established under Section 13
of this Act, donations, endowments and grants for water quality management of the area shall accrue to the fund.

Disbursements from the fund shall be subject to the usual accounting and budgeting rules and regulations. This fund
shall be managed by the Board of the corresponding management area.

SECTION 11. Water Quality Variance for Geothermal and Oil and Gas Exploration. - The Department may provide
variance in water quality criteria and standards for geothermal exploration that encounters re-injection constraints:
Provided, That there shall be provision for adequate protection of beneficial use of water bodies, downstream of the
geothermal project: Provided, further, That this provision may be applied to oil and gas exploration as determined by
the Department.

SECTION 12. Categories of Industry Sector. - Within twenty-four (24) months from the effectivity of this Act, and every
two (2) years thereafter, the Department shall, through due public consultation, revise and publish a list of categories of
industry sector for which effluent standards will be provided for each significant wastewater parameter per industry
sector.

The Department shall provide additional classification based on other parameters specifically associated to discharge of
a particular industry which shall be included in the listing of categories prescribed in the preceding paragraph.

ARTICLE 2 WATER POLLUTION PERMITS AND CHARGES

SECTION 13. Wastewater Charge System. - The Department shall implement a wastewater charge system in all
management areas including the Laguna Lake Region and Regional Industrial Centers through the collection of
wastewater charges/fees. The system shall be established on the basis of payment to the government for discharging
wastewater into the water bodies. Wastewater charges shall be established taking into consideration the following:

a) To provide strong economic inducement for polluters to modify their production or management processes or to
invest in pollution control technology in order to reduce the amount of water pollutants generated;

b) To cover the cost of administering water quality management or improvement programs;

c) Reflect damages caused by water pollution on the surrounding environment, including the cost of rehabilitation;

d) Type of pollutant;

e) Classification of the receiving water body; and

f) Other special attributes of the water body.

The fee shall be based on the net waste load depending on the wastewater, charge formula which shall be established
with due public consultation within six (6) months from the effectivity of this Act: Provided, That net waste load shall
refer to the difference of the initial waste load of the abstracted water and the waste load of the final effluent discharge
of an industry: Provided, further, That no net waste load shall be lower than the initial waste load: Provided, finally, That
wastewater charge system shall not apply to wastewater from geothermal exploration.

Industries whose water effluent are within standards promulgated pursuant to this Act, shall only be charged with
minimal reasonable amount which shall be determined by the Department after due public consultation, giving account
to volumetric rate of discharge and effluent concentration.

SECTION 14. Discharge Permits. - The Department shall require owners or operators of facilities that discharge
regulated effluents pursuant to this Act to secure a permit to discharge. The discharge permit shall be the legal
authorization granted by the Department to discharge wastewater: Provided, That the discharge permit shall specify
among others, the quantity and quality of effluent that said facilities are allowed to discharge into a particular water
body, compliance schedule and monitoring requirement.

As part of the permitting procedure, the Department shall encourage the adoption of waste minimization and waste
treatment technologies when such technologies are deemed cost effective. The Department shall also develop
procedures to relate the current water quality guideline or the projected water quality guideline of the receiving water
body/ies with total pollution loadings from various sources, so that effluent quotas can be properly allocated in the
discharge permits. For industries without any discharge permit, they may be given a period of twelve {12) months after
the effectivity of the implementing rules and regulations promulgated pursuant to this Act, to secure a discharge permit.

Effluent trading may be allowed per management area.

ARTICLE 3 FINANCIAL LIABILITY MECHANISM

SECTION 15. Financial Liability for Environmental Rehabilitation. - The Department shall require program and project
proponents to put up environmental guarantee fund {EGF) as part of the environmental management plan attached to
the environmental compliance certificate pursuant to Presidential Decree No.1586 and its implementing rules and
regulations. The EGF shall finance the maintenance of the health of the ecosystems and specially the conservation of
watersheds and aquifers affected by the development, and the needs of emergency response, clean-up or rehabilitation
of areas that may be damaged during the program's or project's actual implementation. Liability for damages shall
continue even after the termination of a program or project and, until the lapse of a given period indicated in the
environmental compliance certificate, as determined by the Department. The EGF may be in the form of a trust fund,
environmental insurance, surety bonds, letters of credit, self-insurance and any other instruments which may be
identified by the Department. The choice of the guarantee instrument or combinations thereof shall depend, among
others, on the assessment of the risks involved and financial test mechanisms devised by the Department. Proponents
required to put up guarantee instruments shall furnish the Department with evidence of availment of such instruments
from accredited financial instrument providers.

SECTION 16. Clean-Up Operations. - Notwithstanding the provisions of Sections 15 and 26 hereof, any person who
causes pollution in or pollutes water bodies in excess of the applicable and prevailing standards shall be responsible to
contain, remove and clean-up any pollution incident at his own expense to the extent that the same water bodies have
been rendered unfit for utilization and beneficial use: Provided, That in the event emergency clean-up operations are
necessary and the polluter fails to immediately undertake the same, the Department, in coordination with other
government agencies concerned, shall conduct containment, removal and clean-up operations. Expenses incurred in
said operations shall be reimbursed by the persons found to have caused such pollution upon proper administrative
determination in accordance with this Act. Reimbursements of the cost incurred shall be made to the Water Quality
Management Fund or to such other funds where said disbursements were sourced.

SECTION 17. Programmatic Environmental Impact Assessment. - The Department shall implement programmatic
compliance with the environmental impact assessment system, as in the following types of development:

a) development consisting of a series of similar projects, or a project subdivided into several phases and/or stages
wether situated in a contiguous area or geographically dispersed; and

b) development consisting of several components or a cluster of projects co-located in an area such as an industrial
estate, an export processing zone, or a development zone identified in a local land use plan.
Programmatic compliance with the environmental impact assessment system shall be guided by carrying capacity
assessments determined from ecological profiles. Ecological profiles shall Identify environmental constraints and
opportunities in programmatic areas. Programmatic assessment shall also take into account cumulative impacts and
risks.

Consistent with the provisions of the Local Government Code, the Department may enter into agreement with LGUs to
incorporate programmatic environmental impact assessment into the preparation, updating or revision of local land use
plans and area development plans.

SECTION 18. Environmental Impact Assessment System Programmatic Compliance with Water Quality Standards. -
The. Department may allow each regional industrial center established pursuant to Republic Act No.7916 (PEZA law) to
allocate effluent quotas to pollution sources within its jurisdiction that qualify under an environmental impact
assessment system programmatic compliance program in accordance with Presidential Decree No. 15867 and its
implementing rules and regulations.

CHAPTER 3 INSTITUTIONAL MECHANISM

SECTION 19. Lead Agency. - The Department shall be the primary government agency responsible for the
implementation and enforcement of this Act unless otherwise provided herein. As such, it shall have the following
functions, powers and responsibilities:

a) Prepare a National Water Quality Status Report within twenty-four (24) months from the effectivity of this Act:
Provided, That the Department shall thereafter review or revise and publish annually, or as the need arises, said report;

b) Prepare an Integrated Water Quality Management Framework within twelve (12) months following the completion of
the status report;

c) Prepare a ten (10) year Water Quality Management Area Action Plan within twelve (12) months following the
completion of the framework for each designated water management area. Such action plan shall be reviewed by the
water quality management area governing board every five (5) years or as need arises;

d) Prepare and publish a national a national groundwater vulnerability map incorporating the prevailing standards and
methodologies, within twenty four (24) months after the effectivity of this Act;

e) Enforce, review and revise within twelve (12) months from the effectivity of this Act water quality guidelines after due
consultation with the concerned stakeholder sectors: Provided, That the Department, in coordination with appropriate
agencies shall review said guidelines every five (5) years or as need arises;

f) Review and set effluent standards every five (5) years from the effectivity of this Act or sooner as determined by the
Department: Provided, That in the interim, the provisions of DENR Administrative Order No. 35 of the Department shall
apply: Provided, further, That when new and more stringent standards are set in accordance with this section, the
Department may establish a grace period with a maximum of five (5) years: Provided, finally, That such grace period
shall be limited to the moratorium on the issuance of cease and desist and/or closure order against the industry's
operations except in the event such operation poses serious and grave threat to the environment, or the industry fails to
institute retooling, upgrading or establishing an environmental management system (EMS).

g) Establish within twelve (12) months from the effectivity of this Act, internationally-accepted procedures for sampling
and analysis of pollutants and in coordination with other concerned agencies, formulate testing procedures and
establish an accreditation system for laboratories;

h) Within eighteen (18) months from the effectivity of this Act and every two (2) years thereafter, categorize point and
non-point sources of water pollution;

i) Classify groundwater sources within twelve (12) months from the effectivity of this Act;

j) Classify or reclassify all water bodies according to their beneficial usages: Provided, that in the interim, the provisions
of DENR Administrative Order No.34 shall apply: Provided, further, that such classification or reclassification shall take
into consideration the operation of businesses or facilities that are existing prior to the effectivity of the Act: Provided,
furthermore, that the Department may authorize the use of the water for other purposes that are more restrictive in
classification: Provided, finally, That discharges resulting from such use shall meet the effluent standards set by the
Department;
k) Exercise jurisdiction over all aspects of water pollution, determine its location, magnitude, extent, severity, causes,
effects and other pertinent information on pollution, and to take measures, using available methods and technologies to
prevent and abate such pollution;

l) Exercise supervision and control over all aspects of water quality management;

m) Establish a cooperative effort in partnership with the government, LGUs, academic institutions, civil society and the
private sector to attain the objectives of this Act;

n) Disseminate information and conduct educational awareness and value formation programs and campaigns on the
effects of water pollution on health and environment, water quality management, and resource conservation and
recovery to encourage an environmentally action-oriented society in coordination with government agencies identified
in Section 22 (f);

o) Promote. and encourage private and business sectors especially manufacturing and processing plants the use of
water quality management systems equipment, including but not limited to, industrial wastewater treatment collection
and treatment facilities;

p) Report, on an annual basis, to Congress the, quality status of water bodies and other pertinent information and
recommend possible legislation, policies and programs for environmental management and water pollution control;

q) Issue rules and regulations for the effective implementation of the provisions of this Act;

r) Issue orders against any person or entity and impose fines, penalties and other administrative sanctions to compel
compliance with water quality the provisions of this Act;

s) Undertake appropriate protocol with other concerned agencies for immediate coordinated responses to water related
emergency incidents;

t) Issue permits, clearances and similar instruments pursuant to this Act; and

u) Exercise such powers and perform such other functions as may be necessary to carry out the objectives of this Act

The Department shall gradually devolve to the LGUs, and to the governing boards the authority to administer some
aspects of water quality management and regulation, including, but not to be limited to, permit issuance, monitoring
and imposition of administrative penalties, when, upon the Department's determination, the LGU or the governing
board has demonstrated readiness and technical capability to undertake such functions.

SECTION 20. Role of Local Government Units. - Local government units shall share the responsibility in the management
and improvement of water quality within their territorial jurisdictions.

Each local government unit shall within six (6) months after the establishment of the water quality management area
action plan prepare a compliance scheme in, accordance thereof, subject to review and approval of the governing board.

Each local government unit shall, through its Environment and Natural Resources Office (ENRO) established in Republic
Act No.7160, have the following powers and functions:

a) Monitoring of water quality;

b) Emergency response;

c) Compliance with the framework of the Water Quality Management Action Plan;

d) To take active participation in all efforts concerning water quality protection and rehabilitation; and

e) To coordinate with other government agencies and civil society and the concerned sectors in the implementation of
measures to prevent and control water pollution: Provided, however, That in provinces/cities/municipalities where
there are no environment and natural resources officers, the local executive concerned may, with the approval of the
Secretary of the DENR designate any of his official and/or chief of office preferably the provincial, city or municipal
agriculturist, or any of his employee: Provided, finally, That in case an employee is designated as such, he must have
sufficient experience in environmental and natural resources management, conservation and utilization.
SECTION 21. Business and Industry Role in Environmental Management. - The Department and the LGUs, in
coordination with the appropriate government agencies. and in consultation with the business and industrial sectors
including commerce, shall formulate appropriate incentives for the adoption procedures that will preserve and protect
our water bodies through the introduction of innovative equipment and processes that reduce if totally eliminate
discharge of pollutants into our water bodies.

SECTION 22. Linkage Mechanism. - The Department and its concerned attached agencies including LLDA shall
coordinate and enter into agreement with other government agencies, industrial sector and other concerned sectors in
the furtherance of the objectives of this Act- The following agencies shall perform tile functions specified hereunder:

a) Philippine Coast Guard in coordination with DA and the Department shall enforce for the enforcement of water
quality standards in marine waters, set pursuant to this Act, specifically from offshore sources;

b) DPWH through its attached agencies, such as the MWSS, LWUA, and including other urban water utilities for the
provision or sewerage and sanitation facilities and the efficient and safe collection, treatment and disposal of sewage
within their area of jurisdiction;

c) DA, shall coordinate with the Department, in the formulation of guidelines for the re-use of wastewater for irrigation
and other agricultural uses and for the prevention, control and abatement of pollution from agricultural and aquaculture
activities: Provided, That discharges coming from non-point sources be categorized and further defined pursuant to this
Act: Provided, further, That the Bureau of Fisheries and Aquatic Resources (BFAR) of the DA shall be primarily
responsible for the prevention and control of water pollution for the development, management and conservation of
the fisheries and aquatic resources;

d) DOH shall be primarily responsible for the promulgation, revision and enforcement of drinking water quality
standards;

e) DOST, in coordination with the Department and other concerned agencies, shall prepare a program for the
evaluation, verification, development and public dissemination of pollution prevention and cleaner production
technologies; and

f) Department of Education (DepEd), Commission Higher Education (CHED), Department of the Interior and Local
Government (DILG) and Philippine Information Agency (PIA) shall assist and coordinate with the Department in, the
preparation and implementation of a comprehensive program pursuant to the objectives of this Act.

SECTION 23. Requirement of Record-keeping, Authority for Entry to Premises and Access to Documents. - The
Department or its duly authorized representative shall, after proper consultation and notice, require any person who
owns or operates any pollution source or who is subject to. any requirement of this Act to submit reports and other
written information as may be required by the department.

Any record, report or information obtained under this section shall be made available to the public, except upon a
satisfactory showing to the Department by the, entity concerned that the record, report, or information or parts thereof,
if made public, would divulge secret methods or processes entitled to protection as intellectual property. Such record,
report or information shall likewise be incorporated in the Department's industrial rating system. Pursuant to this Act,
the Department, through it's authorized representatives, shall have the right to: (a) enter any premises or to have access
to documents and relevant materials as referred to in the herein preceding paragraph; (b) inspect any pollution or waste
source, control device, monitoring equipment or method required; and (c) test any discharge.

In cases of fish kill incidence, the Bureau of Fisheries of the DA, in the course of its investigation, may enter the premises
of an establishment reported to have caused said incident.

SECTION 24. Pollution Research and Development Programs. - The Department, in coordination with the Department
of Science and Technology (DOST), other concerned agencies and academic research institutions, shall establish a
national research and development program for the prevention and control of water pollution. As part of said program,
the DOST shall conduct and promote the coordination and acceleration of research, investigation, experiments, training,
survey and studies relating to the causes, extent, prevention and control of pollution among concerned government
agencies and research institutions.

CHAPTER 4 INCENTIVES AND REWARDS

SECTION 25. Rewards. - Rewards, monetary or otherwise, shall be provided to individuals, private organization and
entities, including civil society, that have undertaken outstanding and innovative projects, technologies, processes and
techniques or activities in water quality management. Said rewards shall be sourced from the Water Quality
Management Fund herein created.

SECTION 26. Incentives Scheme. - An incentive scheme is hereby provided for the purpose of encouraging LGUs, water
districts (WDs), enterprises, or private entities, and individuals, to develop or undertake an effective water quality
management, or actively participate in any program geared towards the promotion thereof as provided in this Act.

A. Non-fiscal incentive

1. Inclusion in the Investments Priority Plan (IPP). - Subject to the rules and regulations of the Board of Investments
(BOI), industrial wastewater treatment and/or adoption of water pollution control technology, cleaner production and
waste minimization technology shall be classified as preferred areas of investment under its annual priority plan and
shall enjoy the applicable fiscal and non-fiscal incentives as may be provided for under the Omnibus Investment Code, as
amended.

Fiscal Incentives

1. Tax and Duty Exemption on Imported Capital Equipment. - Within ten 10) years upon the effectivity of this Act, LGUs,
WDs, enterprises or private entities shall enjoy tax-and-duty-free importation of machinery, equipment and spare parts
used for industrial wastewater treatment/collection and treatment facilities: Provided, That the importation of such
machinery, equipment and spare parts shall comply with the following conditions:

a) They are not manufactured domestically in sufficient quantity, of comparable quality and at reasonable prices;

b) They are reasonably needed and will be used actually, directly and exclusively for the above mentioned activities; and

c) Written endorsement by the Department that the importation of such machinery, equipment and spare parts would
be beneficial to environmental protection and management: Provided, further, That the sale, transfer or disposition of
such machinery, equipment and spare parts without prior approval of the BOI within five (5) years from the date of
acquisition shall be prohibited, otherwise the LGU concerned, WD, enterprise or private entity and the concerned
vendee, transferee or assignee shall be solidarity liable to pay twice the amount of tax and duty exemption given it.

2. Tax Credit on Domestic Capital Equipment. - Within ten (10) years from the effectivity of this Act, a tax credit
equivalent to one hundred percent (100%) of the value of the national internal revenue taxes and customs duties that
would have been waived on the machinery, equipment, and spare parts, had these items been imported shall be given
to nterprises or private entities and individuals, subject to the same conditions and prohibition cited in the preceding
paragraph.

3. Tax and Duty Exemption of Donations, Legacies and Gifts. - All legacies, gifts and donations to LGUs, WDs, enterprises,
or private entities and individuals, for the support and maintenance of the program for effective water quality
management shall be exempt from donor's tax and shall be deductible from the gross income of the donor for income
tax purposes.

Imported articles donated to, or for the account of any LGUs, WDs, local water utilities, enterprises, or private entities
and individuals to be exclusively used for water quality management programs shall be exempted from the payment of
customs duties and applicable internal revenue taxes.

Industrial wastewater treatment and/or installation of water pollution control devices shall be classified as pioneer and
preferred areas of investment under the BOI's annual priority plan and shall enjoy- the applicable fiscal and non-fiscal
incentives as may be provided for under the Omnibus Investment Code, as amended.

B. Financial Assistance Program

Government financial institutions such as the Development Bank of the Philippines, Land Bank of the Philippines,
Government Service Insurance System, and such other government institutions providing financial services shall, in
accordance with and to the extent allowed by the enabling provisions of their respective charters or applicable laws,
accord high priority to extend financial services to LGUs, WDs, enterprises, or private entities engaged in sewage
collection and treatment facilities.
C. Extension or Grants to LGUs

Cities and municipalities which shall establish or operate sewerage facilities may be entitled to receive grants for the
purpose of developing technical capabilities.

CHAPTER 5 CIVIL LIABILITY/PENAL PROVISIONS

SECTION 27. Prohibited Acts. - The following acts are hereby prohibited:

a) Discharging, depositing or causing to be deposited material of any kind directly or indirectly into the water bodies or
along the margins of any surface water, where, the same shall be liable to be washed into such surface water, either by
tide action or by storm, floods or otherwise, which could cause water pollution or impede natural flow in the water
body;

b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form that would pollute
groundwater. In the case of geothermal projects, and subject to the approval of the Department, regulated discharge for
short- term activities (e.g. well testing, flushing, commissioning, venting) and deep re-injection of geothermal liquids
may be allowed: Provided, That safety measures are adopted to prevent the contamination of the groundwater;

c) Operating facilities that discharge regulated water pollutants without the valid required permits or after the permit
was revoked for any violation of any condition therein;

d) Disposal of potentially infectious medical waste into sea water by vessels unless the health or safety of individuals on
board the vessel is threatened by a great and imminent peril;

e) Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as defined under Republic Act
No.9003;

f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Republic Act No.6969;

g) Operate facilities that discharge or allow to seep, willfully or through gross negligence, prohibited chemicals,
substances or pollutants listed under R. A. No. 6969 into water bodies or wherein the same shall be liable to be washed
into such surface, ground, coastal, and marine water;

h) Undertaking activities or development and expansion of projects, or operating wastewater/sewerage facilities in

violation of Presidential Decree. No.1586 and its implementing rules, and regulations;

i) Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act or after the
permit was revoked for any violation of condition therein;

j) Non-compliance of the LGU with the Water Quality Framework and Management Area Action Plan. In such a case,
sanctions shall be imposed on the local government officials concerned;

k) Refusal to allow entry, inspection and monitoring by the Department in accordance with this Act;

l) Refusal to allow access by the Department to relevant reports and records in accordance with this Act;

m) Refusal or failure to submit reports whenever required by the Department in accordance with this Act;

n) Refusal or failure to designate pollution control officers whenever required by, the Department in accordance with
this Act; and

o) Directly using booster pumps in the distribution system or tampering with the water supply in such a way as to alter
or impair the water quality.

SECTION 28. Fines, Damages and Penalties. - Unless otherwise provided herein, any person who commits any of the
prohibited acts provided in the immediately preceding section or violates any of the provision of this Act or its
implementing rules and regulations, shall be fined by the Secretary, upon the recommendation of the PAB in the amount
of not less than Ten thousand pesos (P10,000.00) nor more than Two hundred thousand pesos (P200,000.00) for every
day of violation. The fines herein prescribed shall be increased by ten percent (10%) every two (2) years to compensate
for inflation and to maintain the deterrent function of such fines: Provided, That the Secretary, upon recommendation
of the PAB may order the closure, suspension of development or construction, or cessation of operations or, where
appropriate disconnection of water supply, until such time that proper environmental safeguards are put in place and/or
compliance with this Act or its rules and regulations are undertaken. This paragraph shall be without prejudice to the
issuance of an ex parte order for such closure, suspension of development or construction, or cessation of operations
during the pendency of the case.

Failure to undertake clean-up operations, willfully, or through gross negligence, shall be punished by imprisonment of
not less than two (2) years and not more than four (4) years and a fine not less than Fifty thousand pesos (P50,000.00)
and not more than One hundred thousand pesos (P100,000.00) per day for each day of violation. Such failure or refusal
which results in serious injury or loss of life and/or irreversible water contamination of surface, ground, coastal and
marine water shall be punished with imprisonment of not less than six (6) years and one day and not more than twelve
(12) years, and a fine of Five Hundred Thousand Pesos (P500,000.00) per day for each day during which the omission
and/or contamination continues.

In case of gross violation of this Act, the PAB shall issue a resolution recommending that the proper government
agencies file criminal charges against the violators. Gross violation shall mean any of the following:

a) deliberate discharge of toxic pollutants identified pursuant to Republic Act No.6969 in toxic amounts;

b) five {5) or more violations within a period of two (2) years; or

c) blatant disregard of the orders of the PAB, such as the non-payment of fines, breaking of seals or operating despite
the existence of an order for closure, discontinuance or cessation of operation.

In which case, offenders shall be punished with a fine of not less than Five hundred thousand pesos (P500,000.00) but
not more than Three million pesos (P3,000,000.00} per day for each day of violation or imprisonment of not less than six
{6) years but not more than ten {10) years, or both, at the discretion of the court. If the offender is a juridical person, the
president, manager and the pollution control officer or the official in charge of the operation shall suffer the penalty
herein provided.

For violations falling under Section 4 of Presidential Decree No.979 or any regulations prescribed in pursuance thereof,
such person shall be liable for a fine of no1 less than Fifty thousand pesos {P50,000.00) nor more than One million pesos
(P1,000,000.00) or by imprisonment of not less than one {1) year nor more than six (6) years or both, for each offense,
without prejudice to the civil liability of the offender in accordance with existing laws. If the offender is a juridical entity,
then its officers, directors, agents or any person primarily responsible shall be held liable: Provided, That any vessel from
which oil or other harmful substances are discharged in violation of Section 4 of Presidential Decree No.979 shall be
liable for penalty of fine specified in the immediately preceding paragraph and clearance of such vessel from the port of
the Philippines may be withheld until the fine is paid and such penalty shall constitute a lien on such vessel which may
be recovered in proceedings by libel in rem in the proper court which the vessel may be. The owner or operator of a
vessel or facility which discharged the oil or other harmful substances will be liable to pay for any clean-up costs.

Provided, finally, That water pollution cases involving acts or omissions --- committed within the Laguna Lake Region
shall be dealt with in accordance with the procedure under R. A. No.4850 as amended.

SECTION 29. Administrative Sanctions Against Non-compliance with the Water Quality Management Area Action Plan.
- Local government officials concerned shall be subject to Administrative sanctions incase of failure to comply with their
action plan accordance with the relevant provisions of R.A. No. 7160.

CHAPTER 6 ACTIONS

SECTION 30. Administrative Action. - Without prejudice to the right of any affected person to file an administrative
action, the Department shall, on its own instance or upon verified complaint by any person, institute administrative
proceedings in the proper forum against any person who violates:

a) Standards or limitations provided by this Act; or

b) By any such order, rule or regulation issued by the Department with respect to such standard or limitation.

CHAPTER 7 FINAL PROVISIONS

SECTION 31. Appropriations.- An amount of One hundred million pesos (P100,000,000.00) shall be appropriated from
the savings of the National Government to the Department for the initial implementation of this Act. Thereafter, the
amount necessary to effectively carry out the provision of this Act shall be included in the General Appropriations Act of
the year following its enactment into law and thereafter.

SECTION 32. Implementing Rules and Regulations. - The Department, in coordination with the Committees on
Environment and Ecology of the Senate and the House of Representatives, respectively and other concerned agencies
shall promulgate the implementing rules and regulations for this Act, within one (1) year after the enactment of this Act:
Provided. That rules and regulations issued by other government agencies and instrumentalities for the prevention
and/or abatement of water pollution not inconsistent with this Act shall supplement the rules and regulations issued by
the Department, pursuant to the provisions of this Act.

The draft of the implementing rules and regulations shall be published and be the subject of public consultations with
affected sectors.

There shall be a mandatory review of the implementing rules and regulations and standards set pursuant to the
provisions of this Act.

SECTION 33. Joint Congressional Oversight Committee. - There is hereby created a Joint Congressional Oversight
Committee to monitor the implementation of this Act and to review the implementing rules and regulations
promulgated by the Department. The Committee shall be composed of five (5) Senators and five; (5) Representatives to
be appointed by the Senate President and the Speaker of the House of Representatives, respectively. The Oversight
Committee shall be co-chaired by the Chairpersons of the Committee on Environment of the Senate and the Committee
on Ecology of the House of Representatives.

SECTION 34. Repealing Clause. - Presidential Decree No.984 is hereby repealed. Republic Act Nos. 6969 and 4850 as
amended, Presidential Decree Nos. 1586, 1152, 979 and 856 are hereby amended and modified accordingly. All other
laws, orders, issuance, rules and regulations inconsistent herewith are hereby repealed or modified accordingly.

SECTION 35. Separability Clause. - If any provision of this Act or the application such provision to any person or
circumstances is declared unconstitutional, the remainder of the Act or the application of such provision to other person
or circumstances shall not be affected by such declaration.

SECTION 36. Effectivity. - This Act shall take effect fifteen (15) days from the date of its publication in the Official
Gazette or in at least two (2) newspapers of general circulation.

Approved,
 MALACAÑANG

PRESIDENTIAL DECREE No. 1152

PHILIPPINE ENVIRONMENTAL CODE

WHEREAS, the broad spectrum of environment has become a matter of vital concern to the government;

WHEREAS, the national leadership has taken a step towards this direction by creating the National Environmental

Protection Council under Presidential Decree No. 1121;

WHEREAS, it is necessary that the creation of the Council be implemented with the launching of a comprehensive

program of environmental protection and management;

WHEREAS, such a program can assume tangible and meaningful significance only by establishing specific

environment management policies and prescribing environment quality standards in a Philippine Environment Code:

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the

powers vested in me by the Constitution, do hereby order and decree:

Section 1. Short Title. This Decree shall be known and cited as the "Philippine Environment Code."

TITLE I AIR QUALITY MANAGEMENT

Section 2. Purposes. The purposes of this Title are:

(a) to achieve and maintain such levels of air quality as to protect public health; and

(b) to prevent to the greatest extent practicable, injury and/or damage to plant and animal life and property,

and promote the social and economic development of the country.

Chapter I Standards

Section 3. Ambient Air Quality Standards. There shall be established ambient air quality standards which shall

prescribe the maximum concentration of air pollutants permissible in the atmosphere consistent with public health,

safety and general welfare.

In the establishment of ambient air quality standards, factors such as local atmospheric conditions, location and land

use, and available technology, shall be considered among others.

Section 4. National Emission Standards. There shall be established national emission standards for new and

existing stationary and mobile sources of pollution which shall consider among others such factors as type of

industry, practicable control technology available, location and land use, and the nature of pollutants emitted.

Section 5. Community Noise Standards. Appropriate standards for community noise levels shall be established

considering, among others, location, zoning and land use classification.

Section 6. Standards for Noise-Producing Equipment. There shall be established a standard for noise producing

equipment such as construction equipment, transportation equipment, stationary engines, and electrical or

electronic equipment and such similar equipment or contrivances. The standards shall set a limit on the acceptable

level of noise emitted from a given equipment for the protection of public health and welfare, considering among

others, the magnitude and condition of use, the degree of noise reduction achievable through the application of best
available technology and the cost of compliance.

The Installation of any noise-producing equipment shall conform with the requirements of Presidential Decree No.

1096 and other applicable laws as well as their implementing rules and regulations.

Section 7. Aircraft Emission and Sonic Booms. Appropriate government agencies shall encourage research studies

on the harmful effects of aircraft emissions in the environment in order to establish permissible emission standards.

Research and studies shall also be undertaken to mitigate and/or minimize the effects of sonic booms in the

environment.

Chapter II Regulation and Enforcement

Section 8. Air Quality and Noise Standards. The National Pollution Control Commission in coordination with

appropriate government agencies shall be responsible for the enforcement of ambient air quality emission and noise

standards, including the monitoring and surveillance of air pollutants, licensing and permitting of air pollution control

facilities, and the promulgation of appropriate rules and regulations.

Existing air quality emission and noise standards may be revised and/or modified consistent with new development

and technology.

Section 9. Aircraft Noise. Community noise standards around airports shall be implemented by the Civil Aeronautics

Administration in coordination with the National Pollution Control Commission.

Section 10. Vehicular Emissions. The Land Transportation Commission, in coordination with the National Pollution

Control Commission, shall implement emission standards for motor vehicles and may deputize other appropriate law

enforcement agencies for the purpose.

Section 11. Radioactive Emissions. The release and emission of radioactivity into the environment incident to the

establishment or possession of nuclear energy facilities and radioactive materials, handling, transport, production,

storage, use and disposal of radioactive materials shall be regulated by the Philippine Atomic Energy Commission in

coordination with other appropriate government agencies.

Chapter III Monitoring

Section 12. Air Quality Monitoring. The National Pollution Control Commission, in coordination with appropriate

government agencies, shall establish to the greatest extent practicable an air quality monitoring network. Such air

quality monitoring network shall put to maximum use the capabilities of these agencies.

The National Environmental Protection Council shall be furnished with the results of air quality monitoring activities.

Section 13. Weather Modification. The Philippine Atmospheric, Geophysical and Astronomical Services

Administration shall monitor regularly meteorological factors affecting environmental conditions in order to effectively

guide air pollution monitoring activities.

Activities relating to weather modification such as rainfall stimulation and storm seeding experiments shall be

undertaken in consultation and/or in coordination with the Philippine Atmospheric, Geophysical and Astronomical

Service Administration.
TITLE II WATER QUALITY MANAGEMENT

Section 14. Purpose. It is the purpose of this Title to prescribe management guidelines aimed to protect and

improve the quality of Philippine water resources through:

(a) classification of Philippine waters;

(b) establishment of water quality standards;

(c) protection and improvement of the quality of the Philippine water resources, and

(d) responsibilities for surveillance and mitigation of pollution incidents.

Chapter I Classification and Standards

Section 15. Classification of Philippine Waters. The National Pollution Control Commission, in coordination with

appropriate government agencies, shall classify Philippine waters, according to their best usage. In classifying said

waters, the National Pollution Control Commission shall take into account, among others, the following:

(a) the existing quality of the body of water at the time of classification;

(b) the size, depth, surface area covered, volume, direction, rate of flow, gradient of stream; and

(c) the most beneficial uses of said bodies of water and lands bordering them for residential, agricultural,

commercial, industrial, navigational, recreational, and aesthetic purposes.

Section 16. Reclassification of Waters Based on Intended Beneficial Use. Where the public interest so requires, the

National Pollution Control Commission, in coordination with appropriate government agencies, shall reclassify a

body of water based on the intended beneficial use and take such steps as may be necessary to upgrade the quality

of said water. Other government agencies may adopt higher standards for a particular body of water, subject to the

approval of the National Pollution Control Commission.

Section 17. Upgrading of Water Quality. Where the quality of water has deteriorated to a degree where its state will

adversely affect its best usage, the government agencies concerned shall take such measures as may be

necessary to upgrade the quality of such water to meet the prescribed water quality standards.

Section 18. Water Quality Standards. The National Pollution Control Commission shall prescribe quality and

effluent standards consistent with the guidelines set by the National Environmental Protection Council and the

classification of waters prescribed in the preceding sections, taking into consideration, among others, the following:

(a) the standard of water quality or purity may vary according to beneficial uses; and

(b) the technology relating to water pollution control.

Chapter II Protection and Improvement of Water Quality

Section 19. Enforcement and Coordination. The production, utilization, storage and distribution of hazardous, toxic

and other substances such as radioactive materials, heavy metals, pesticides, fertilizers, and oils, and the disposal,

discharge and dumping of untreated wastewater, mine tailings and other substances that may pollute any body of

water of the Philippines resulting from normal operations of industries, water-borne sources, and other human

activities as well as those resulting from accidental spills and discharge shall be regulated by appropriate
government agencies pursuant to their respective charters and enabling legislations. In the performance of the

above functions, the government agencies concern shall coordinate with the National Environmental Protection

Council and furnish the latter with such information as may be necessary to enable it to attain its objectives under

Presidential Decree No. 1121.

Section 20. Clean-up Operations. It shall be the responsibility of the polluter to contain, remove and clean up water

pollution incidents at his own expense. In case of his failure to do so, the government agencies concerned shall

undertake containment, removal and clean-up operations and expenses incurred in said operations shall be charged

against the persons and/or entities responsible for such pollution.

Section 21. Water Quality Monitoring and Surveillance. The various government agencies concerned with

environmental protection shall establish to the greatest extent practicable a water quality surveillance and

monitoring network with sufficient stations and sampling schedules to meet the needs of the country. Said water

quality surveillance network shall put to maximum use the capabilities of such government agencies. Each agency

involved in such network shall report to the National Environmental Protection Council the results of these

monitoring activities as the need arises.

TITLE III LAND USE MANAGEMENT

Section 22. Purpose. The purposes of this Title are:

(a) to provide a rational, orderly and efficient acquisition, utilization and disposition of land and its resources in

order to derive therefrom maximum benefits; and

(b) to encourage the prudent use and conservation of land resources in order to prevent and imbalance

between the nation's needs and such resources.

Section 23. National Land Use Scheme. The Human Settlements Commission, in coordination with the appropriate

agencies of the government, shall formulate and recommend to the National Environmental Protection Council a

land use scheme consistent with the purpose of this Title.

The Land Use Scheme shall include among others, the following:

(a) a science-based and technology-oriented land inventory and classification system;

(b) a determination of present land uses, the extent to which they are utilized, underutilized, rendered idle or

abandoned;

(c) a comprehensive and accurate determination of the adaptability of the land for community development,

agriculture, industry, commerce and other fields of endeavor;

(d) a method of identification of areas where uncontrolled development could result in irreparable damage to

important historic, cultural, or aesthetic values, or natural systems or processes of national significance;

(e) a method for exercising control by the appropriate government agencies over the use of land in areas of

critical environmental concern and areas impacted by public facilities including, but not limited to, airports,

highways, bridges, ports and wharves, buildings and other infrastructure projects;
(f) a method to ensure the consideration of regional development and land use in local regulations;

(g) policy for influencing the location of new communities and methods for assuring appropriate controls over

the use of land around new communities;

(h) a system of controls and regulations pertaining to areas and development activities designed to ensure

that any source of pollution will not be located where it would result in a violation of any applicable

environmental pollution control regulations; and

(i) a recommended method for the periodic revisions and updating of the national land use scheme to meet

changing conditions.

Section 24. Location of Industries. In the location of industries, factories, plants, depots and similar industrial

establishments, the regulating or enforcing agencies of the government shall take into consideration the social,

economic, geographic and significant environmental impact of said establishments.

TITLE IV NATURAL RESOURCES MANAGEMENT AND CONSERVATION

Section 25. Purposes. The purposes of this Title are:

(a) to provide the basic policy on the management and conservation of the country's natural resources to

obtain the optimum benefits therefrom and to preserve the same for the future generations; and

(b) to provide general measures through which the aforesaid policy may be carried out effectively.

Chapter I Fisheries and Aquatic Resources

Section 26. Management Policy. The National government, through the Department of Natural Resources, shall

establish a system of rational exploitation of fisheries and aquatic resources within the Philippine territory and shall

encourage citizen participation therein to maintain and/or enhance the optimum and continuous productivity of the

same.

Section 27. Measures for National Exploitation. Measures for the national exploitation of fisheries and other aquatic

resources may include, but shall not be limited to, the following:

(a) undertaking manpower and expertise development;

(b) acquiring the necessary facilities and equipment;

(c) regulating the marketing of threatened species of fish or other aquatic resources;

(d) reviewing all existing rules and regulations on the exploitation of fisheries and aquatic resources with a

view of formulating guidelines for the systematic and effective enforcement thereof; and

(e) conserving the vanishing species of fish and aquatic resources such as turtles, sea snakes, crocodiles,

corals, as well as maintaining the mangrove areas, marshes and inland waters, coral reef-areas and islands

serving as sanctuaries for fish and other aquatic life.

Chapter II Wildlife

Section 28. Management Policy. The national government through the Department of Natural Resources, shall

establish a system of rational exploitation and conservation of wildlife resources and shall encourage citizen
participation in the maintenance and/or enhancement of their continuous productivity.

Section 29. Measures for Rational Exploitation. Measures for rational exploitation of wildlife resources may include,

but shall not be limited to, the following:

(a) regulating the marketing of threatened wildlife resources.

(b) reviewing all existing rules and regulations on the exploitation of wildlife resources with a view of

formulating guidelines for the systematic and effective enforcement thereof; and

(c) conserving the threatened species of fauna, increasing their rate of reproduction, maintaining their original

habitat, habitat manipulation, determining bag/creel limits, population control in relation to the carrying

capacity of any given area, banning of indiscriminate and/or destructive means of catching or hunting them.

Chapter III Forestry and Soil Conservation

Section 30. Management Policy for Forestry. The national government, through the Department of Natural

Resources, shall undertake a system of rational exploitation of forest resources and shall encourage citizen

participation therein to keep the country's forest resources at maximum productivity at all time.

Section 31. Measures for Rational Exploitation of Forest Resources. Measures for the rational exploitation of forest

resources may include, but shall not be limited to, the following:

(a) regulating the marketing of threatened forest resources;

(b) reviewing all existing rules and regulations on the exploitation of forest resources with a view of

formulating guidelines for the systematic and efficient enforcement thereof;

(c) conserving threatened species of flora as well as increasing their rate of propagation; the banning of

destructive modes of exploitation, kaingin making or shifting cultivation, indiscriminate harvesting of minor

forest products the recycling methods of waste materials, and

(d) carrying out a continuing effect on reforestation; timber stand improvement; forest protection; land

classification; forest occupancy management; agri-silviculture; range management; agri-silvicultural/kaingin

management; industrial tree plantation; parks and wildlife management; multiple use forest; timber

management and forest research.

Section 32. Use of Fertilizers and Pesticides. The use of fertilizers and pesticides in agriculture shall be regulated

prescribing therefor a tolerance level in their use. Their use shall be monitored by appropriate government agencies

to provide empirical data for effective regulation.

Section 33. Management Policy on Soil Conservation. The national government, through the Department of Natural

Resources and the Department of Agriculture, shall likewise undertake a soil conservation program including therein

the identification and protection of critical watershed areas, encouragement of scientific farming techniques, physical

and biological means of soil conservation, and short-term and long-term researches and technology for effective soil

conservation.

Chapter IV Flood Control and Natural Calamities

Section 34. Measures in Flood Control Program. In addition to the pertinent provisions of existing laws, the

following shall be included in a soil erosion, sediment and flood control program;

(a) the control of soil erosion on the banks of rivers, the shores of lakes, and the seashores;

(b) the control of flow and flooding in and from rivers and lakes;

(c) the conservation of water which, for purposes of this Section shall mean forms of water, but shall not

include captive water;

(d) the needs of fisheries and wildlife and all other recreational uses of natural water;

(e) measures to control the damming, diversion, taking, and use of natural water, so far as any such act may

affect the quality and availability of natural water for other purposes; and

(f) measures to stimulate research in matters relating to natural water and soil conservation and the

application of knowledge thereby acquired.

Section 35. Measures to Mitigate Destructive Effects of Calamities. The national government, through the Philippine

Atmospheric, Geophysical and Astronomical Services Administration, shall promote intensified and concerted

research efforts on weather modification, typhoon, earthquake, tsunami, storm surge, and other tropical natural

phenomena in order to bring about any significant effect to mitigate or prevent their destructive effects.

Chapter V Energy Development

Section 36. Policy. Consistent with the environmental protection policies, the national government, through the

Energy Development Board, shall undertake an energy development program encouraging the utilization of invariant

sources such as solar, wind and tidal energy.

Section 37. Measures for Energy Development. Measures for energy development program may include, but shall

not be limited to, the following:

(a) setting up of pilot plants utilizing invariant sources of energy;

(b) training of technical personnel for purposes of energy development; and

(c) conducting researches aimed at developing technology for energy development.

Section 38. Safety Measures on Energy Development. Rules and regulations shall be promulgated to prevent or

mitigate the adverse effects of energy development on the environment. For this purpose, all nuclear powered

plants exploring and utilizing geothermal energy, whether owned or controlled by private or government entities shall:

(a) observe internationally accepted standards of safety; and

(b) provide safety devices to ensure the health and welfare of their personnel as well as the surrounding community.

Chapter VI Conservation and Utilization of Surface and Ground Waters

Section 39. Management Policy. In addition to existing laws, the national government through the National Water

Resources Council in coordination with other appropriate government agencies, shall prescribe measures for the

conservation and improvement of the quality of Philippine water resources and provide for the prevention, control

and abatement of water pollution.

Chapter VII Mineral Resources

Section 40. Management Policy. - The national government, through the Department of Natural Resources, shall

undertake a system of gainful exploitation and rational and efficient utilization of mineral resources and shall

encourage citizen participation in this endeavor.

Section 41. Measures for Exploitation and Utilization of Mineral Resources. Measures for the gainful exploitation

and rational and efficient utilization of such mineral resources may include, but shall not be limited to the following:

(a) increasing research and development in mineral resources technology;

(b) training of additional technical manpower needed in geology, geophysics, mining engineering, and related

fields;

(c) regulating the exploitation of identified mineral reserves;

(d) accelerating the exploration of undiscovered mineral deposits; and

(e) encouraging the establishment of processing plants for refined metals.

TITLE V WASTE MANAGEMENT

Section 42. Purpose. The purposes of this Title are:

(a) to set guidelines for waste management with a view to ensuring its effectiveness;

(b) to encourage, promote and stimulate technological, educational economic and social efforts to prevent

environmental damage and unnecessary loss of valuable resources of the nation through recovery, recycling

and re-use of wastes and waste products; and

(c) to provide measures to guide and encourage appropriate government agencies in establishing sound,

efficient, comprehensive and effective waste management.

Chapter I Enforcement and Guidelines

Section 43. Waste Management Programs. Preparation and implementation of waste management program shall

be required of all provinces, cities and municipalities. The Department of Local Government and Community

Development shall promulgate guidelines for the formulation and establishment of waste management programs.

Every waste management program shall include the following:

(a) an orderly system of operation consistent with the needs of the area concerned;

(b) a provision that the operation will not create pollution of any kind or will constitute public nuisance;

(c) a system for a safe and sanitary disposal of waste;

(d) a provision that existing plans affecting the development, use and protection of air, water or natural

resources shall be considered;

(e) schedules and methods of implementing the development, construction and operation of the plan together

with the estimated costs; and

(f) a provision for the periodic revision of the program to ensure its effective implementation.

Section 44. Responsibility of Local Governments. Each province, city or municipality shall provide measures to
facilitate the collection, transportation, processing and disposal of waste within its jurisdiction in coordination with

other government agencies concerned. For this purpose, the national government shall provide the necessary

subsidy, to local governments upon request made through the National Environmental Protection Council and

subject to such terms and conditions as the latter may provide.

Chapter II Methods of Solid Waste Disposal

Section 45. Solid Waste Disposal. Solid Waste disposal shall be by sanitary landfill, incineration, composing, and

other methods as may be approved by competent government authority.

Section 46. Sanitary Landfills. Local governments, including private individuals, corporations or organizations may

operate one or more sanitary landfills. Any entity proposing to operate a sanitary landfill shall submit to the

appropriate government agency an operational work plan showing, among other things, a map of the proposed work

location, disposal areas for rubbish, garbage, refuse and other waste matter; and the equipment or machinery

needed to accomplish its operations. In no case shall landfill or work locations under this Section be located along

any shore or coastline, or along the banks of rivers and streams. lakes throughout their entire length, in violation of

any existing rules and regulations.

Section 47. Incineration and Composting Plants. The installation and establishment of incineration or composting

plants, or the alteration/modification of any part thereof shall be regulated by the local governments concerned in

coordination with the National Pollution Control Commission.

Section 48. Disposal Sites. The location of solid waste disposal sites shall conform with existing zoning; land use

standards, and pollution control regulations.

Section 49. Dumping into the Sea and Other Navigable Waters. The dumping or disposal of solid wastes into the

sea and any body of water in the Philippines, including shorelines and river banks, where these wastes are likely to

be washed into the water is prohibited. However, dumping of solid wastes or other materials into the sea or any

navigable waters shall be permitted in case of immediate or imminent danger to life and property, subject to the

rules and regulations of the Philippine Coast Guard and the National Pollution Control Commission.

Government agencies and private entities which are undertaking solid waste management programs shall make

consultations with the government agencies concerned with respect to the effects of such dumping to the marine

environment and navigation.

Chapter III Methods of Liquid Waste Disposal

Section 50. Liquid Waste Disposal. Wastewater from manufacturing plants, industries, community, or domestic

sources shall be treated either physically, biologically or chemically prior to disposal in accordance with the rules

and regulations promulgated by proper government authority.

Section 51. Applicability of Sec. 8. The provisions of Sec. 8 hereof shall likewise apply to the dumping or disposal of

liquid waste into the sea and other bodies of water.

TITLE VI MISCELLANEOUS PROVISIONS

Section 52. Population-Environment Balance. In the assessment of development projects, the National

Environmental Protection Council, hereinafter referred to in this Title as the "Council" shall take into consideration

their effect on population with a view to achieving a rational and orderly balance between man and his environment.

Section 53. Environmental Education. The Department of Education and Culture shall integrate subjects on

environmental education in its school curricula at all levels. It shall also endeavor to conduct special community

education emphasizing the relationship of man and nature as well as environmental sanitation and practices.

The Council and other government agencies implementing environmental protection laws in coordination with public

information agencies of the government shall undertake public information activities for the purpose of stimulating

awareness and encouraging involvement in environmental protection.

Section 54. Environmental Research. The Council shall undertake and/or promote continuing studies and research

programs on environmental management and shall, from time to time, determine priority areas of environmental

research.

Section 55. Monitoring and Dissemination of Environmental Information of Foreign Origin. The Council shall keep

itself informed of current environmental developments by obtaining information and literature from foreign sources

through the Department of Foreign Affairs, government agencies and other entities, both domestic and foreign. Such

information and literature shall be given the widest dissemination possible.

Section 56. Incentives. To operate the installation and the utilization of pollution control facilities, the following

incentives are hereby granted:

(a) exemption to the extent of fifty (50) per cent of tariff duties and compensating tax for the importation of

pollution control equipment, devices, spare parts and accessories for a period of five (5) years from the

effectivity of this Decree subject to the conditions that will be imposed by the Council.

(b) a tax credit equivalent to fifty (50) per cent of the value of the compensating tax and tariff duties that would

have been paid on the pollution control equipment, devices, spare parts and accessories had these items

been imported shall, within a period of seven (7) years from the effectivity of this Decree be given to the

person or firm who or which purchases them from a domestic manufacturer, and another tax credit equivalent

to twenty-five (25) per cent thereof shall be given to the said manufacturer subject to such conditions as may

be imposed by the Council; and

(c) deductions equivalent to fifty (50) per cent of the expenses actually incurred on research projects

undertaken to develop technologies for the manufacture of pollution control equipment which have been

proven effective and commercially reproducible, from the taxable income of the person or firm actually

undertaking such projects subject to the conditions that may be imposed by the Council.

The pollution control equipment, devices, spare parts and accessories acquired under this Section shall not be sold,

transferred or disposed of within five (5) years from the date of acquisition without the prior approval of the Council

otherwise the importer or purchaser shall pay twice the amount of the tax exemption or tax credit granted.
Section 57. Financial Assistance/Grant. Financial assistance/grant for the study, design and construction of

environmental protection facilities especially for waste disposal in favor of cities, municipalities, small and mediumscale

industries may be granted on a case to case basis subject to such conditions as may be imposed by the

Council.

Section 58. Participation of Local Government Units and Private Individuals. It shall be the responsibility of local

government units as well as private individuals to actively participate in the environmental management and

protection programs of the government.

Section 59. Preservation of Historic and Cultural Resources and Heritage. It shall be the duty of every person to

help preserve the historic and cultural resources of the country such as sites, structures, artifacts, documents,

objects, memorials and priceless trees.

Section 60. Government Offices Performing Environmental Protection Functions. Government agencies vested by

law to exercise environmental management powers, shall continue to function as such within their respective

jurisdictions. The Council may, however, in the exercise of its powers and functions under Presidential Decree No.

1121, inquire into any action or issue of environmental significance.

Section 61. Public Hearings. The Council may, whenever it deems necessary, conduct public hearings on issues of

environmental significance.

Section 62. Definition of Terms. As used in this Code:

(a) "Ambient Air Quality" means the average atmospheric purity as distinguished from discharge

measurements taken at the source of pollution. It is the general amount of pollution present in a broad area.

(b) "Emission" means the act of passing into the atmosphere an air contaminant, pollutant, gas stream and

unwanted sound from a known source.

(c) "Water Quality" means the characteristics of water which define its use in terms of physical, chemical and

biological contents; hence the quality of water for domestic use is different from industrial use.

(d) "Water Quality Surveillance" means a close and continuous supervision of the water quality to detect

development movements or changes in the characteristics of the water.

(e) "Water Quality Standard" means a plan that is established by governmental authority as a program for

water pollution prevention and abatement. Such a standard may include water use classification and the

criteria to support the uses of the water.

(f) "Effluent Standards" means restrictions established to limit levels of concentration of physical, chemical

and biological constituents which are discharged from point sources.

(g) "Clean-up Operations" refers to activities conducted in removing the pollutants discharged or spilled in

water to restore it to pre-spill condition.

(h) "Accidental Spills" refers to spills of oil or other hazardous substances in water that result from accidents

involving the carriers of such substance such as collisions and grounding.

(i) "Areas of Critical Environmental Concern" are areas where uncontrolled development could result in

irreparable damage to important historic, cultural, or aesthetic values or natural systems or processes of

national significance.

(j) "Hazardous Substances" means elements or compounds which when discharged in any quantity present

imminent or substantial danger to public health and welfare.

(k) "Areas Impacted by Public Facilities" refers to areas where the introduction of public facilities may tend to

induce development and urbanization of more than local significance or impact.

(l) "Environmental Impact" is the alteration, to any degree, of environmental conditions or the creation of a

new set of environmental conditions, adverse or beneficial, to be induced or caused by a proposed project.

(m) "Government Agencies" refers to national, local and regional agencies and instrumentalities including

government-owned and controlled corporations.

TITLE VII FINAL PROVISIONS

Section 63. Separability of Provisions. If any provision of this Code, or the application of such provisions to any

person or circumstance, is declared unconstitutional, the remainder of the Code or the application of such provision

to other persons or circumstances shall not be affected by such declaration.

Section 64. Effectivity. This Code shall take effect upon its approval.

Done in the City of Manila, this 6th day of June in the year of Our Lord, nineteen hundred and seventy-seven.

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