Philippine Ecological Solid Waste Management Act of 2000.Presentation

7/29/2019 Philippine Ecological Solid Waste Management Act of 2000.Presentation

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RA 9003


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Signed into law by President Gloria Macapagal

Arroyo on January 26, 2001

provides the legal framework for the countrys

systematic, comprehensive and ecological solidwaste management program that shall ensureprotection of public health and the environment.It underscores, among other things, the need to

create the necessary institutional mechanismsand incentives, as well as imposes penalties foracts in violation of any of its provisions


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Regular updating and publication of a NationalSolid Waste Management Status

Makes local governments primarily responsiblefor its implementation and enforcement

Segregation at source is mandatory

Segregation and collection of biodegradable,compostable and reusable wastes shall be done in

the barangays

Segregation and collection of biodegradable,compostable and reusable wastes shall be done inthe barangays


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Establishment of Material Recovery Facility inevery Barangay

Collection of non-recyclables and special wastesshall be the responsibility of the municipalitiesand cities

Any residual waste shall betransferred to a long-term storageor disposal facility

New open dumps are prohibited

Existing open dumps shall be converted tocontrolled dumps by 2004 and No controlleddumps will be allowed by 2006


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Functional Elements of Ecological Solid Waste Management


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Risk to public health arising from thebreedingof disease vectors; breeding of diseasevectors;

Adverse effect on the environment from thepoint of view of aesthetics; from the point ofview of aesthetics;

Hazards from toxic industrial

Danger due to the accumulation of heavymetals


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Reduce is the practice of creating lessmunicipal solid waste or decreasing thetoxicity of the municipal solid waste whichneeds disposing

Reuse is the process of using acertainmaterial over again for the same purpose forwhich it was originally designed, or utilizing itfor a different purpose.

Recycle is where used materials are collected

and utilized in the manufacturing of newmaterials, thereby saving on the quantity ofvirgin materials required to make these newproducts


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Littering in public places Open burning

Collection of non-segregated waste

Squatting in open dumps

Open dumping and burying of waste in flood-prone areas

Establishing open dumps

Manufacture, distribution or use of non-

environmentally acceptable packaging materials Importation of consumer products packaged in

non-environmentally acceptable materials


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Importation of toxic wastes misrepresentedas recyclable or with recyclable materials

Transport and dumping in bulk of collecteddomestic, industrial, commercial andinstitutional wastes

Construction or operation of any wastedisposal facility on any aquifer, groundwaterreservoir or watershed area


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National Institutions :

National Solid Waste ManagementCommission;

National Ecology Center ; and

DENR/Environmental Management Bureau(EMB)


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Local Institutions :

Local Government Units (LGUs);

Provincial Waste Management Board;

City/Municipal Solid Waste ManagementBoard; and

Barangay Solid Waste Management

Committee.


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Solid waste refers to all discarded householdwaste, commercial waste, non-hazardousinstitutional and industrial waste, streetsweepings, construction debris, agriculturalwaste, and other non-hazardous/non-toxic

solid waste.


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The Commission shall oversee theimplementation of Solid Waste ManagementPlan and prescribe policies to achieve the

RA 9003 objectives.


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They are centers mandated to be established at the

regional level and headed by the correspondingEMB Regional Directors in their ex officio capacity.

It is a Center mandated by RA 9003 to be

established under the National Solid WasteManagement Commission and headed by

the Director of the EMB in his/her ex officiocapacity.


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1. Facilitate training/education in integrated ecologicalSWM;

2. Establish and manage a comprehensive SWMinformation

database and dissemination system, in coordinationwith the DTI and other concerned agencies;

3. Promote the development of a recycling marketthrough the establishment of a national recyclingnetwork that will enhance the opportunity forrecycling;

4. Act as the hub for networking of LGUs, NGOs andindustry on voluntary compliance of RA 9003spertinent provisions;


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5. Provide/facilitate expert assistance in pilotmodeling of SWM facilities including

technologies and techniques for effectivemanagement of solid waste;

6. Develop/test/disseminate model waste

minimization and reduction auditingprocedures for evaluation options; and

7. Act as the clearinghouse for cleaner

production/cleaner technologies on SWM.


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Among others, the DENR is tasked to:1. Prepare an annual National SWM Status Report;

2. Prepare/distribute SWM information, educationand communication (IEC) materials;

3. Establish methods and other parameters for themeasurement of waste reduction, collection anddisposal;

4. Provide technical and other capability buildingassistance to LGUs in developing/implementinglocal SWM plans and programs.


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5. Recommend policies to eliminate barriers towaste reduction programs; and

6. Issue rules and regulations to effectivelyimplement the provisions of RA 9003.

Yes. The DENR has visitorial and enforcement powers to ensurestrict compliance with RA 9003.However, the visitorial power of the DENR shall not apply to private

dwelling places unless authorized by the appropriate court. DENR shallalso have access to and the right to copy such reports and records in theexercise of its visitorial powers


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The LGUs shall be primarily responsiblefor the implementation and enforcement ofthe provisions of RA 9003 within theirrespective jurisdictions.

RA 9003 mandates that each city ormunicipality form a City or SWM Board that shallprepare, submit and implement a plan for thesafe and sanitary management of solid wastegenerated in areas under its geographic andpolitical coverage


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The Board shall:

1. Develop the city/municipal SWM plan that shall ensure the long-term managementof solid waste as well as integrate the SWM plans and strategies of the barangays;

2. Adopt specific revenue-generating measures to promote the viability of its SWMplan;

3. Develop the specific mechanics and guidelines for the implementation of thecity/municipal SWM plan;

4. Oversee the implementation of the city/municipal SWM plan;5. Monitor the implementation of the city/municipal SWM plan through its various

political subdivisions and in cooperation with the private sector and the NGOs;6. Coordinate the efforts of its component barangays in the implementation of the

city/municipal SWM plan;7. Recommend to appropriate local government authorities specific

measures/proposals for franchise or build-operate transfer agreements with dulyrecognized institutions,pursuant to RA 6957, to provide either exclusive ornonexclusive authority for the collection, transfer, storage,processing, recycling ordisposal of solid waste;

8. Review every two years or as needed the city/municipal SWM plan to ensure itssustainability, viability, effectiveness and relevance in relation to local andinternational developments in the field of SWM.


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The law requires that the plan shall:

1. Be a 10-year plan;2. Be consistent with the National SWM Framework;3. Be for the re-use, recycling and composting of wastes

generated in the respective jurisdictions of LGUs;

4. Ensure the efficient management of solid waste generatedwithin the jurisdiction of the LGU;

5. Place primary emphasis on implementation of all feasible reuse,recycling and composting programs while identifying theamount of landfill and transformation capacity needed for solidwaste which cannot be re-used, recycled or composted;

6. Contain all the components provided in RA 9003; and7. Contain a timetable for the implementation of the SWM

program.


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All local government SWM plans have to be approved bythe National Solid Waste Management Commission.

The components of the SWM plan are:

1. Background information;2. Waste characterization;3. Source reduction;4. Recycling;

5. Composting;6. Collection and transfer;7. Processing;8. Solid waste facility capacity and final disposal;9. Education and public information;

10. Special wastes;11. Resource requirement and funding; and12. Privatization of SWM projects.


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Disposal refers to the discharge, deposit,dumping, spilling , leaking or placing of anysolid waste into or in any land.

There are three types of disposal. They are:

1. Open dump;

2. Controlled dump; and3. Sanitary landfill.


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OPEN DUMP is a disposal area where solid wastes areindiscriminately thrown or disposed of without dueplanning and consideration for environmental and

health standards.

CONTROLLED DUMP controlled dump is a disposal sitein which solid waste is deposited in accordance withthe minimum prescribed standards of site operation to

minimize possible adverse impacts on theenvironment.

No open dumps or any disposal of solid waste, whichconstitutes the use of open dumps for solid waste,

shall be allowed after the effectivity of RA 9003.Every LGU shall convert its open dumps into controlleddumps within three years after the effectivity of RA9003 (or by Year 2005


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PROHIBITED ACTS FINES PENALTIES1. Littering, throwing,dumping of waste mattersin public places such asroads, sidewalks,canals,esteros or parks andestablishment or causing or

permitting the same

Payment in the amount ofnot less than three hundredpesos (P300.00) but notmore than one thousandpesos (P1,000.00) OR

Render community servicefor not less than one dayto not more than 15 daysto an LGU where suchprohibited acts arecommitted, OR BOTH

FINE AND PENALTY2. Undertaking activities oroperating, collecting ortransporting equipment inviolation of sanitationoperationand other requirements or

permits set forth in orestablishedpursuant to RA 9003

3. The open burning ofsolid waste

Payment in the amount ofnot less than three hundredpesos (P300.00) but notmore than one thousandpesos (P1,000.00) OR

Imprisonment of not lessthan one day to not morethan 15 days, OR BOTHFINE AND PENALTY


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PROHIBITED ACTS FINES PENALTIES4. Causing or permittingthe collection of non-segregated or unsortedwaste

5. Squatting in open dumps

and landfills

6. Open dumping, buryingof biodegradable or non biodegradable materials infloodprone areas

7. Unauthorized removal of

recyclable materialintended forcollection by authorizedpersons

Payment in the amount ofnot less than one thousandpesos (P1,000.00) but notmore than three thousandpesos (P3,000.00) OR

Imprisonment of not lessthan 15 days but not morethan six months, ORBOTH FINE ANDPENALTY


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PROHIBITED ACTS FINES PENALTIES8. The mixing of source-

separated recyclablematerial with other solidwaste in any vehicle, box,container or receptacleused in solid wastecollection or disposal

9. Establishment oroperation of open dumpsas enjoined in RA 9003, orclosure of said dumps inviolation of Sec. 37, RA9003

10. The manufacture,

distribution or use of non-environmentally acceptablepackaging materials

11. Importation ofconsumerproducts packaged in non

environmentally acceptablepackaging materials

For the first violation,

payment in the amount offive hundred thousandpesos (P500,000.00) plusan amount not less thanfive percent (5%) but notmore than ten percent(10%) of his/her net annual

income during the previousyear.

For the second or

subsequent violations ofparagraphs 9 and 10, theadditional penalty ofimprisonment of aminimum period of oneyear but not to exceedthree years, at the

discretion of the court,shall be imposed


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PROHIBITED ACTS FINES PENALTIES12. Importation of toxic

wastes misrepresented asrecyclable or withrecyclable content

13. Transport and dumpingin bulk of collecteddomestic, industrial,

commercial andinstitutional wastes in areasother than centers orfacilities prescribedunder RA 9003

Payment in the amount of

not less than ten thousandpesos (P10,000.00) but notmore than two hundredthousand pesos(P200,000.00) OR

Imprisonment of not less

than 30 days but not morethan three years, ORBOTH FINE ANDPENALTY

14. Site preparation,construction, expansion or

operation of wastemanagement facilitieswithout an EnvironmentalCompliance Certificaterequired pursuant toPresidential Decree No.1586 and RA 9003 and notconforming with the land

use plan of the LGU

Payment in the amount ofnot less than one hundred

thousand pesos(P100,000.00) but notmorethan one million pesos(P1,000,000.00) OR

Imprisonment of not lessthan one year but not more

than six years, OR BOTHFINE AND PENALTY


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PROHIBITED ACTS FINES PENALTIES15. The construction of any

establishment within 200meters from open dumpsor controlled dumps orsanitary landfills

16. The construction oroperation of landfills or any

waste disposal facility onany aquifer, groundwaterreservoir or watershed areaand/or any portionsthereof

Payment in the amount of

not less than one hundredthousand pesos(P100,000.00) but notmore than one millionpesos (P1,000,000.00) OR

Imprisonment of not less

than one year but not morethan six years, OR BOTHFINE AND PENALTY


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Civil

Criminal Administrative

Any Filipino citizen may file a case or cases in the proper courts/bodies depending on the kind or nature of the case


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The appropriate case/s may be filed against:

1. Any person who violates or fails to comply with the provisions

of RA 9003 or its IRR; or

2. The DENR or other implementing agencies with respect toorders, rules and regulations issued inconsistent with RA9003; and/or

3. Any public officer who:

a. Willfully or grossly neglects the performance of an actspecifically enjoined as a duty by RA 9003 or its IRR; or

b. Abuses his authority in the performance of his duty; orc. In any manner, improperly performs his duties under RA

9003 or its IRR.


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RA 9003 provides that no case or suit can befiled until after a public officer or allegedviolator has been given a 30-day notice

during which no appropriate action has beentaken by the alleged offender.


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The fines prescribed under RA 9003 shall beincreased by at least 10 percent every threeyears to compensate for inflation and to

maintain the deterrent function of such fines.

Documents

Philippine Ecological Solid Waste Management Act of 2000.Presentation