Republic Act No. 9003, An Act Providing for an Ecological Solid Waste Management Program, Creating the Necessary Institutional Mechanisms and Incentives, Declaring Certain Acts Prohibited and Providing Penalties, Appropriating Funds therefor, and for other Purposes, otherwise known as the “Philippine Ecological Solid Waste Management Act of 2000” is the country’s legislation to address solid waste issues. It was approved on January 26, 2001 while its Implementing Rules and Regulations (IRR) was published on December 20, 2001 through the Department Administrative Order (DAO) No. 2001-34. The law aims to enforce a systematic, comprehensive, and ecological solid waste management program to ensure the protection of public health and the environment. It also encourages the participation of the private sector in solid waste management.
The Ecological Solid Waste Management provides for the guidelines in segregating, collecting, transporting, storing, treating, and disposing of solid waste by applying the best environmental practice in ecological waste management, excluding incineration. Along with these are regulations and penalties set by the DENR. Among the department’s priority activities for solid waste management are the closure of dumpsites and the establishment of material recovery facilities (MRFs).
Institutional Structures and Mechanisms
R.A. 9003 provides for the establishment of a National Solid Waste Management Commission (NSWMC) which is tasked to oversee the implementation of the solid waste management plans and prescribes policies so that the objectives of the Act may be achieved. Fourteen (14) of its members come from the government sector while three (3) members come from the private sector. To further decentralize the execution of the plan, Provincial, City, and Municipal Solid Waste Management Boards are set up to develop location-specific plans and to directly implement them.
National and Regional Ecology Centers are expected to provide technical expertise, information, training, and networking services to Local Government Units (LGUs) in their implementation of the plan. Licenses and permits to construct or operate any Solid Waste Management (SWM) facility should be obtained from the Department of Environment and Natural Resources.
Comprehensive Solid Waste Management System
As briefly stated, the LGUs are primarily responsible for the implementation and enforcement of the provisions of the SWM system within their respective jurisdictions. Further, the barangay is tasked with waste segregation and collection of biodegradable or compostable and reusable or recyclable wastes. Meanwhile, the city or municipality is in charge of collecting and disposing of the non-recyclable or non-recoverable materials and special wastes.
Table 1. Minimum requirements and guidelines for different areas covered by SWM
|Area||Minimum requirements and guidelines|
|Segregation at source and Volume Reduction||
|Collection, Transport, and Handling of Solid Wastes||
|Establishing and Operating Transfer Stations||
|Materials Recovery Facility||
|Operating Composting Facilities||
|Recycling Program (Eco-labelling)||
|Operation of Controlled Dumpsites||
Solid Waste Management Financing
A National and Local SWM Fund is established to aid LGUs in financing their SWM related projects and activities. Examples would be products, facilities, technologies and processes to enhance proper solid waste management; awards; incentives; research programs; information, education, communication and monitoring activities; technical assistance; and capability building activities. The fund is sourced from donations, grants, and contributions, from amounts appropriated from the General Appropriations Act, and from fines and fees collected. Among the activities that the fund can be used for are
To encourage LGUs, enterprises, private sector, and civil society to actively participate in the efficient and effective implementation of SWM, incentives are provided. These incentives may be in the form of rewards, grants, fiscal incentives (i.e. tax exemptions), non-fiscal incentives (i.e. simplified bureaucratic procedures and reduced paper requirements), and contractual arrangements with the private sector.
Prohibited Acts, Fines, and Penalties
|#1 Littering, throwing, dumping of waste matters in public places (e.g. roads, sidewalks, canals, esteros, or parks) and causing or permitting the same||Payment in the amounts not less than Three hundred pesos (P300.000) but not more than One thousand pesos (P1,000.00) or||Rendering of community service for not less than one (1) day to not more than fifteen (15) days in the LGU where such prohibited acts are committed or both|
|#2 Undertaking activities or operating, collecting or transporting equipment in violation of sanitation operation and other requirements or permits
#3 The open burning of solid waste
|Payment in the amounts not less than Three hundred pesos (P300.000) but not more than One thousand pesos (P1,000.00) or||Imprisonment of not less than one (1) day to not more than fifteen (15) days or both|
|#4 Causing or permitting the collection of nonsegregated or unsorted waste
#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
|Payment in the amounts 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) days to not more than six (6) months or both|
|#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
#10 The manufacture, distribution or use of non-environmentally acceptable packaging materials
#11 Importation of consumer products packaged in non-environmentally acceptable materials
|For the first time, shall pay a fine of Five hundred thousand pesos (P500,000.00) plus an 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 for #9 and #10|
|#12 Importation of toxic wastes misrepresented as “recyclable” or “with recyclable content”
#13 Transport and dumping in bulk of collected domestic, industrial, commercial and institutional wastes in areas other than centers of facilities
|Payment in the amounts 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|
|#14 Site preparation, construction, expansion or operation of waste management facilities without an Environmental Compliance Certificate and not conforming with the land use plan of the LGU
#15 The construction of any establishment within two hundred (200) meters from open dump or controlled dumps or sanitary landfills
#16 The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir or watershed area and/or any portion thereof.
|Payment in the amounts not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00) or||Imprisonment of not less than one (1) year but not more than six (6) years, or both|
Contributor: Marivic Arago
Brown & Green Environmental Services, Inc.