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ECOLOGICAL SOLID WASTEMANAGEMENT ACT OF 2001


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AN ACT OF PROVIDING FOR ANECOLOGICAL SOLID WASTEMANAGEMENT PROGRAM, CREATING

THE NECESSARY INSTITUTIONALMECHANISMS AND INCENTIVES,DECLARING CERTAIN ACTS PROHIBITEDAND PROVIDING PENALTIES,

APPROPRIATING FUNDS THEREFOR, ANDFOR OTHER PURPOSES.


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Chapter 1. GENERAL PROVISIONS

Chapter 2. INSTITUTIONAL MECHANISMS

Chapter 3. COMPREHENSIVE SOLID WASTEMANAGEMENT

Chapter 4. INCENTIVES

Chapter 5. FINANCING SOLID WASTE

MANAGEMENT Chapter 6. PENAL PROVISIONS

Chapter 7. MISCELLANEOUS PROVISIONS


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- Has 2 articles and 3 sections

SECTION 1. Short Title. This Act shall beknown as the Ecological Solid WasteManagement Act of 2000.

SECTION 2. Declaration Policies.-

It is herebydeclared the policy of the state to adopt asystematic, comprehensive and ecological solidwaste management program


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a. Ensure the protection of the public healthand environment;

b. Utilize environmentally-sound methods;

c. Set guidelines and targets for solid waste

avoidance and volume reductionthrough source reduction and wasteminimization measures.


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d. Ensure the proper segregation, collection,transport, storage, treatment and disposal ofsolid;

e. Promote national research and developmentprograms for improved solid wastemanagement and resource conservationtechniques;

f. Encourage greater private sectorparticipation in solid waste management;


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g. Retain primary enforcement andresponsibility of solid waste management withlocal government units while establishing a

cooperative effort among the nationalgovernment, other local government units,non-government organizations, and the privatesector.

h. Encourage cooperation and self-regulation

among waste generators through theapplication of market-based instruments;


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i. Institutionalize public participation in thedevelopment and implementation ecologicalwaste management programs; and

J. Strengthen the integration of ecological solidwaste management and resource conservation

and recovery topics into the academiccurricula to promote environmentalawareness and action among citizenry.


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Article 2. section 3. Definition of Terms


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Establishes the National Solid WasteManagement Commission to oversea solidwaste management plans and prescribe

policies to achieve the objectives of the act.

Commission is composed of 17 members: 14

from relevant government agencies and 3 fromthe private sector.


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Identifies parties responsible for implementation of the act.

Sec. 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 LGUsshall be primarily responsible for the implementation andenforcement of the provisions of this Act within theirrespective jurisdictions.

Segregation and collection of solid waste shall be conducted

at the barangay level specifically for biodegradable,compostable and reusable wastes: Provided, That thecollection of non-recyclable materials and special wastesshall be the responsibility of the municipality or city.


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Sec. 11. Provincial Solid Waste Management Board. -A provincial Solid Waste Management board shallbe established in every province, to be chaired by

the governor. Its members shall include:Sec. 12. City and Municipal Solid Waste Management

Board. Each city or municipality shall form a Cityor Municipal Waste Management Board that shall

prepare, submit and implement a plan for the safeand sanitary management of solid waste generatedin areas under in geographic and politicalcoverage.


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Provincial and Municipal boards provide:

Solid waste management plan

Monitor implementation

Develop mechanisms and guidelines forimplementation

Provide logistic support


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Sec. 13. Establishment of Multi-PurposeEnvironment Cooperatives or Association inEvery LGU. Multi-purpose cooperatives and

associations that shall undertake activities topromote the implementation and/or directlyundertake projects in compliance with theprovisions of this Act shall be encouraged and

promoted in every LGU.


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Provides the timetable for the preparation ofguidelines. This includes:

6months for the National Solid Waste ManagementStatus Report; and

Formulation and implementation of the NationalSolid Waste Management Framework 6 months after

the completion of the National Solid WasteManagement Status report.


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Art. 2. Sec. 21.Mandatory Segregation of SolidWastes. LGUs shall evaluate alternative rolesfor the public and private sectors in providing

collection services, type of collection system, orcombination of systems, that best meet theirneeds: Provided, That segregation of wastesshall primarily be conducted at the source, toinclude household, institutional, industrial,commercial and agricultural sources: Provided,further; That wastes shall be segregated into thecategories provided in Sec. 22 of this Act.


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Art. 3. Collection and Transport of Solid Wastes Sets the requirements for the collection and transport of

solid waste.

Sets the guidelines for the creation of solid waste transfer

stations.

Art. 4. Recycling program. Sec. 27 . Requirement for Eco-labeling

Sec. 30. Prohibition on the Use of Non-Environmentally

Acceptable Packaging. Sec. 31. Recycling Market Development.

Sec. 32. Establishment of LGU Materials RecoveryFacility.


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Art. 6. Waste Management Facilities

Sec. 37. Prohibition Against the Use of Open Dumpsfor Solid Waste.

Sec. 41. Criteria for Establishment of SanitaryLandfill.

Sec. 42. Operating Criteria for Sanitary Landfills.


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Art. 7. Sec 44. Establishment of Common WasteTreatment and Disposal Facilities. Pursuantto Sec. 33 of R.A 7160, otherwise known as the

Local government Code, all provinces, cities,municipalities, and barangays, throughappropriate ordinances, are hereby mandatedto consolidate, or coordinate their efforts,services, and resources for purposes of jointlyaddressing common solid waste managementproblems and/or establishing common wastedisposal facilities.


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Provides the incentives for implementation ofprovisions of the Act. Includes:

Fiscal incentives such as tax exceptions and taxcredits to LGUs and private operators.

Non-fiscal objectives outlined in E.O 226, otherwise

known as the Omnibus Investments Code.

Financial Assistance Program


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Chapter 5. Establishes a fund accessible to theLGUs. To be used as capitals, awards, funding for

R&D. Chapter 6. Penal Provisions.

For individuals and for Lgus failing to implement the Act.

Sec. 50. Administrative Sanctions. Local government

officials and officials of government agencies concernedwho fail to comply with and enforce rules and regulationspromulgated relative to this Act shall be chargedadministratively in accordance with R.A 7160 and otherexisting laws, rules and regulations.

Chapter 7. MISCELLANEOUS PROVISIONS Public hearings, educations, and research, initial funding,

and implementing rules and regulations.


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20 million pesos has been set aside for thepreparation of all the initial reports.

Amount is insufficient considering that there are 136cities, 1495 municipalities, and 81 provinces in thecountry.

Only 272 LGUs have submitted the required 10 yearplans


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RA 9003 makes implementation of theresponsibility of the LGU.

Contains weak provisions/lacks enforcement

with regards to forcing the LGUs to take action.

Does not take into account the politicians thatare supposed to be implementing the rules.

Garbage collection at low density localgovernments not taken into account.


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Cost of implementation may be out of reach formunicipalities classified as class 2 (below35,000,000 in revenue) or lower.

Sanitary landfills are expensive

MRF facilities needs to be staffed.

Government funding is inappropriate.


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Interested LGUs are forced to obtain fundingfrom foreign sources.

ECOGOV (USAID) US

German Development Service (DED)-

Germany Swedish International Development Cooperation

Agency(SIDA) Sweden

Japan International Cooperation Agency(JICA)

Japan Indicative Of the problems in funding from the

national government.


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Much needed law but implementation is weak.

In EMB 7 only 1 person is assigned to thissection(Out of about 40 employees). Most of his time

spend on public consultations. Provisions on packaging and segregation not

widely implemented.

Trash generation per person must be reduced.

Garbage collectors themselves do notsegregate, even then garbage is sorted.

Fines must be imposed.


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Education of the public is neglected

Education representative to commision

Jagna case

High profile arrest/convictions to spurimplementation.

Majority of the commission is from department

level agencies. LGUs and private parties areunderrepresented.


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Thank you!

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