Republic Act No. 9003

REPUBLIC ACT 9003 January 26, 2001 (h) Encourage cooperation and self-regulation among
waste generators through the application of market-

AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE based instruments;
MANAGEMENT PROGRAM, CREATING THE NECESSARY
INSTITUTIONAL MECHANISMS AND INCENTIVES, (i) Institutionalize public participation in the
DECLARING CERTAIN ACTS PROHIBITED AND development and implementation of national and local
PROVIDING PENALTIES, APPROPRIATING FUNDS integrated, comprehensive, and ecological waste
THEREFOR, AND FOR OTHER PURPOSES management programs; and
Be it enacted by the Senate and House of Representative of the (j) Strength the integration of ecological solid waste
Philippines in Congress assembled: management and resource conservation and recovery
topics into the academic curricula of formal and non-
CHAPTER I formal education in order to promote environmental
BASIC POLICIES awareness and action among the citizenry.
Article 1 Article 2
General Provisions Definition of Terms
Section 1. Short Title - This Act shall be known as the Section 3. Definition of Terms - For the purposes of this Act:
"Ecological Solid Waste Management Act of 2000."
(a) Agricultural waste shall refer to waste generated
Section 2. Declaration of Policies - It is hereby declared the from planting or harvesting of crops, trimming or
policy of the State to adopt a systematic, comprehensive and pruning of plants and wastes or run-off materials from
ecological solid waste management program which shall: farms or fields;
(a) Ensure the protection of the public health and (b) Bulky wastes shall refer to waste materials which
environment; 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
(b) Utilize environmentally-sound methods that household, commercial, and industrial items such as
maximize the utilization of valuable resources and furniture, lamps, bookcases, filing cabinets, and other
encourage resource conservation and recovery; similar items;
(c) Set guidelines and targets for solid waste avoidance (c) Bureau shall refer to the Environmental
and volume reduction through source reduction and Management Bureau;
waste minimization measures, including composting,
recycling, re-use, recovery, green charcoal process,
and others, before collection, treatment and disposal in (d) Buy-back center shall refer to a recycling center that
appropriate and environmentally sound solid waste purchases of otherwise accepts recyclable materials
management facilities in accordance with ecologically from the public for the purpose of recycling such
sustainable development principles; materials;
(d) Ensure the proper segregation, collection, (e) Collection shall refer to the act of removing solid
transport, storage, treatment and disposal of solid waste from the source or from a communal storage
waste through the formulation and adoption of the best point;
environmental practice in ecological waste
management excluding incineration; (f) Composting shall refer to the controlled
decomposition of organic matter by micro-organisms,
(e) Promote national research and development mainly bacteria and fungi, into a humus-like product;
programs for improved solid waste management and
resource conservation techniques, more effective (g) Consumer electronics shall refer to special waste
institutional arrangement and indigenous and that includes worn-out, broken, and other discarded
improved methods of waste reduction, collection, items such as radios, stereos, and TV sets;
separation and recovery;
(h) Controlled dump shall refer to a disposal site at
(f) Encourage greater private sector participation in which solid waste is deposited in accordance with the
solid waste management; minimum prescribed standards of site operation;
(g) Retain primary enforcement and responsibility of (i) Department shall refer to the Department of
solid waste management with local government units Environment and Natural Resources;
while establishing a cooperative effort among the
national government, other local government units,
nongovernment organizations, and the private sector;
ENVIRONMENTAL LAW | ATTY. FELONGCO | |1 | P a g e

(j) Disposal shall refer to the discharge, deposit, (u) Opportunity to recycle shall refer to the act of
dumping, spilling, leaking or placing of any solid waste providing a place for collecting source-separated
into or in an land; recyclable material, located either at a disposal site or
at another location more convenient to the population
(k) Disposal site shall refer to a site where solid waste being served, and collection at least once a month of
is finally discharged and deposited; source-separated recyclable material from collection
service customers and to providing a public education
and promotion program that gives notice to each
(l) Ecological solid waste management shall refer to the person of the opportunity to recycle and encourage
systematic administration of activities which provide for source separation of recyclable material;
segregation at source, segregated transportation,
storage, transfer, processing, treatment, and disposal
of solid waste and all other waste management (v) Person(s) shall refer to any being, natural or judicial,
activities which do not harm the environment; susceptible of rights and obligations, or of being the
subject of legal relations;
(m) Environmentally acceptable shall refer to the
quality of being re-usable, biodegradable or (w) Post-consumer material shall refer only to those
compostable, recyclable and not toxic or hazardous to materials or products generated by a business or
the environment; 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
(n) Generation shall refer to the act or process of and used as a raw material in the manufacturing of
producing solid waste; recycled product, excluding materials and by-products
generated from, and by-products generated from, and
(o) Generator shall refer to a person, natural or commonly used within an original manufacturing
juridical, who last uses a material and makes it process, such as mill scrap;
available for disposal or recycling;
(x) Receptacles shall refer to individual containers
(p) Hazardous waste shall refer to solid waste used for the source separation and the collection of
management or combination of solid waste which recyclable materials;
because of its quantity, concentration or physical,
chemical or infectious characteristics may: (y) Recovered material shall refer to material and by
products that have been recovered or diverted from
(1) cause, or significantly contribute to an solid waste for the purpose of being collected,
increase in mortality or an increase in serious processed and used as a raw material in the
irreversible, or incapacitating reversible, manufacture of a recycled product;
illness; or
(z) Recyclable material shall refer to any waste
(2) pose a substantial present or potential material retrieved from the waste stream and free from
hazard to human health or the environment contamination that can still be converted into suitable
when improperly treated, stored, transported, beneficial use or for other purposes, including, but not
or disposed of, or otherwise managed; limited to, newspaper, ferrous scrap metal, non-ferrous
scrap metal, used oil, corrugated cardboard,
(q) Leachate shall refer to the liquid produced when aluminum, glass, office paper, tin cans and other
waste undergo decomposition, and when water materials as may be determined by the Commission;
percolate through solid waste undergoing
decomposition. It is contaminated liquid that contains (aa) Recycled material shall refer to post-consumer
dissolved and suspended materials; material that has been recycled and returned to the
economy;
(r) Materials recovery facility - includes a solid waste
transfer station or sorting station, drop-off center, a (bb) Recycling shall refer to the treating of used or
composting facility, and a recycling facility; waste materials through a process of making them
suitable for beneficial use and for other purposes, and
(s) Municipal waste shall refer to wastes produced from includes any process by which solid waste materials
activities within local government units which include a are transformed into new products in such a manner
combination of domestic, commercial, institutional and that the original product may lose their identity, and
industrial wastes and street litters; 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
(t) Open dump shall refer to a disposal area wherein packaging material shall be deemed recycling under
the solid wastes are indiscriminately thrown or this Act;
disposed of without due planning and consideration for
environmental and Health standards;
(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 suspected to have or have been diagnosed as
utilization of recovered resources; having communicable diseases and must
therefore be isolated as required by public
(dd) Resources recovery shall refer to the collection, health agencies, laboratory wastes such as
extraction or recovery of recyclable materials from the pathological specimens (i.e. all tissues,
waste stream for the purpose of recycling, generating specimens of blood elements, excreta, and
energy or producing a product suitable for beneficial secretions obtained from patients or
use: Provided, That such resource recovery facilities laboratory animals) and disposable fomites
exclude incineration; that may harbor or transmit pathogenic
organisms, and surgical operating room
pathologic materials from outpatient areas
(ee) Re-use shall refer to the process of recovering and emergency rooms; and
materials intended for the same or different purpose
without the alteration of physical and chemical
characteristics; (3) Waste resulting from mining activities,
including contaminated soil and debris.
(ff) Sanitary landfill shall refer to a waste disposal site
designed, constructed, operated and maintained in a (ll) Solid waste management shall refer to the discipline
manner that exerts engineering control over significant associated with the control of generation, storage,
potential environment impacts arising from the collection, transfer and transport, processing, and
development and operation of the facility; disposal of solid wastes in a manner that is in accord
with the best principles of public health, economics,
engineering, conservation, aesthetics, and other
(gg) Schedule of Compliance shall refer to an environmental considerations, and that is also
enforceable sequence of actions or operations to be responsive to public attitudes;
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 (mm) Solid waste management facility shall refer to
pursuant thereto; any resource recovery system or component thereof;
any system, program, or facility for resource
conservation; any facility for the collection, source
(hh) Secretary landfill shall refer to the Secretary of the separation, storage, transportation, transfer,
Department of Environment and Natural Resources; processing, treatment, or disposal of solid waste;
(ii) Segregation shall refer to a solid waste (nn) Source reduction shall refer to the reduction of
management practice of separating different materials solid waste before it enters the solid waste stream by
found in solid waste in order to promote recycling and methods such as product design, materials
re-use of resources and to reduce the volume of waste substitution, materials re-use and packaging
for collection and disposal; restrictions;
(jj) Segregation at source shall refer to a solid waste (oo) Source separation shall refer to the sorting of solid
management practice of separating, at the point of waste into some or all of its component parts at the
origin, different materials found in solid waste in order point of generation;
to promote recycling and re-use of resources and to
reduce the volume of waste for collection and disposal;
(pp) Special wastes shall refer to household hazardous
wastes such as paints, thinners, household batteries,
(kk) Solid waste shall refer to all discarded household, lead-acid batteries, spray canisters and the like. These
commercial waste, non-hazardous institutional and include wastes from residential and commercial
industrial waste, street sweepings, construction debris, sources that comprise of bulky wastes, consumer
agricultural waste, and other non-hazardous/non-toxic electronics, white goods, yard wastes that are collected
solid waste. separately, batteries, oil, and tires. These wastes are
usually handled separately from other residential and
Unless specifically noted otherwise, the term "solid commercial wastes;
waste" as used in this Act shall not include:
(qq) Storage shall refer to the interim containment of
(1) Waste identified or listed as hazardous solid wastes after generation and prior to collection for
waste of a solid, liquid, contained gaseous or ultimate recovery or disposal;
semisolid form which may cause or contribute
to an increase in mortality or in serious or (rr) Transfer stations shall refer to those facilities
incapacitating reversible illness, or utilized to receive solid wastes, temporarily store,
acute/chronic effect on the health of persons separate, convert, or otherwise process the materials
and other organisms; in the solid wastes, or to transfer the solid wastes
directly from smaller to larger vehicles for transport.
(2) Infectious waste from hospitals such as This term does not include any of the following:
equipment, instruments, utensils, and fomites
of a disposable nature from patients who are
(1) a facility whose principal function is to (8) Metro Manila Development Authority (MMDA);
receive, store, separate, convert or otherwise
process in accordance with national minimum (9) League of provincial governors;
standards, manure;
(10) League of city mayors;
(2) a facility, whose principal function is to
receive, store, convert, or otherwise process
wastes which have already been separated (11) League of municipal mayors;
for re-use and are intended for disposals, and
(12) Association of barangay councils;
(3) the operations premises of a duly licensed
solid waste handling operator who is receives, (13) Technical Education and Skills Development
stores, transfers, or otherwise processes Authority (TESDA); and
wastes as an activity incidental to the conduct
of a refuse collection and disposal business. (14) Philippine Information Agency.
(ss) Waste diversion shall refer to activities which The private sector shall be represented by the following:
reduce or eliminate the amount of solid waste from
waste disposal facilities;
(a) A representative from nongovernment
organizations (NGOs) whose principal purpose is to
(tt) White goods shall refer to large worn-out or broken promote recycling and the protection of air and water
household, commercial, and industrial appliances such quality;
as stoves, refrigerators, dishwashers, and clothes
washers and dryers collected separately. White goods
ate usually dismantled for the recovery of specific (b) A representative from the recycling industry; and
materials (e.g., copper, aluminum, etc.);
(c) A representative from the manufacturing or
(uu) Yard waste shall refer to wood, small or chipped packaging industry;
branches, leaves, grass clippings, garden debris,
vegetable residue that is recognized as part of a plant The Commission may, from time to time, call on any other
or vegetable and other materials identified by the concerned agencies or sectors as it may deem necessary.
Commission.
Provided, That representatives from the NGOs, recycling and
CHAPTER II manufacturing or packaging industries shall be nominated
INSTITUTIONAL MECHANISM through a process designed by themselves and shall be
appointed by the President for a term of three (3) years.
Section 4. National Solid Waste Management Commission -
There is hereby established a National Solid Waste Provided, further, That the Secretaries of the member agencies
Management Commission, hereinafter referred to as the of the Commission shall formulate action plans for their
Commission, under the Office of the President. The respective agencies to complement the National Solid Waste
Commissioner shall be composed of fourteen (14) members Management Framework.
from the government sector and three members from the private
sector. The government sector shall be represented by the
The Department Secretary and a private sector representative
heads of the following agencies in their ex officio capacity:
of the Commission shall serve as chairman and vice chairman,
respectively. The private sector representatives of the
(1) Department of Environment and Natural Resources Commission shall be appointed on the basis of their integrity,
(DENR); high decree of professionalism and having distinguished
themselves in environmental and resource management. The
(2) Department of the Interior and Local Government members of the Commission shall serve and continue to hold
(DILG); 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
(3) Department of Science and Technology (DOST); members shall be entitled to reasonable traveling expenses and
honoraria.
(4) Department of Public Works and Highways
(DPWH); The Department, through the Environmental Management
Bureau, shall provide secretariat support to the Commission.
(5) Department of Health (DOH); The Secretariat shall be headed by an executive director who
shall be nominated by the members of the Commission and
(6) Department of Trade and Industry (DTI); appointed by the chairman.
(7) Department of Agriculture (DA); 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 (o) Develop safety nets and alternative livelihood
objectives of this Act. The Commission shall undertake the programs for small recyclers and other sectors that will
following activities. be affected as a result of the construction and/or
operation of solid waste management recycling plant
(a) Prepare the national solid waste management or facility.
framework;
(p) Formulate and update a list of non-environmentally
(b) Approve local solid waste management plans in acceptable materials in accordance with the provisions
accordance with its rules and regulations; 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
(c) Review and monitor the implementation of local based on technological and economic viability.
solid waste management plans;
(q) Encourage private sector initiatives, community
(d) Coordinate the operation of local solid waste participation and investments resource recovery-
management boards in the provincial and based livelihood programs for local communities.
city/municipal levels;
(r) Encourage all local government agencies and all
(e) To the maximum extent feasible, utilizing existing local government units to patronize products
resources, assist provincial, city and municipal solid manufactured using recycled and recyclable materials;
waste management plans;
(s) Propose and adopt regulations requiring the source
(f) Develop a model provincial, city and municipal solid separation and post separation collection, segregated
waste management plan that will establish prototypes collection, processing, marketing and sale of organic
of the content and format which provinces, cities and and designated recyclable material generated in each
municipalities may use in meeting the requirements of local government unit; and
the National Solid Waste Management Framework;
(t) Study and review of the following:
(g) Adopt a program to provide technical and other
capability building assistance and support to local
government units in the development and (i) Standards, criteria and guidelines for
implementation of source reduction programs; promulgation and implementation of an
integrated national solid waste management
framework; and
(h) Develop and implement a program to assist local
government units in the identification of markets for
materials that are diverted from disposal facilities (ii) Criteria and guidelines for siting, design,
through re-use, recycling, and composting, and other operation and maintenance of solid waste
environment-friendly methods; management facilities.
(i) Develop a mechanism for the imposition of Section 6. Meetings - The Commission shall meet at least once
sanctions for the violations environmental rules and a month. The presence of at least a majority of the members
regulations; 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
(j) Manage the Solid Waste Management Fund; may designate permanent representatives to attend the
meetings.
(k) Develop and prescribe procedures for the issuance
of appropriate permits and clearances. Section 7. The National Ecology Center - There shall be
established a National Ecology Center under the Commission
(l) Review the incentives scheme for effective solid which shall provide consulting, information, training, and
waste management, for purpose of ensuring relevance networking services for the implementation of the provisions of
and efficiency in achieving the objectives of this Act; this Act.
(m) Formulate the necessary education promotion and In this regard, it shall perform the following functions:
information campaign strategies;
(a) Facilitate training and education in integrated
(n) Establish, after notice and hearing of the parties ecological solid waste management;
concerned, standards, criteria, guidelines, and formula
that are fair, equitable and reasonable, in establishing (b) Establish and manage a solid waste management
tipping charges and rates that the proponent will information data base, in coordination with the DTI and
charge in the operation and management of solid other concerned agencies:
waste management facilities and technologies.

(1) on solid waste generation and Section 9. Visitorial Powers of the Department. - The
management techniques as well as the Department or its duly authorized representative shall have
management, technical and operational access to, and the right to copy therefrom, the records required
approaches to resource recovery; and to be maintained pursuant to the provisions of this Act. The
Secretary or the duly authorized representative shall likewise
(2) of processors/recyclers, the list of have the right to enter the premises of any generator, recycler
materials being recycled or bought by them or manufacturer, or other facilities any time to question any
and their respective prices; 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
(c) Promote the development of a recycling market regulations. This Section shall not apply to private dwelling
through the establishment of a national recycling places unless the visitorial power is otherwise judicially
network that will enhance the opportunity to recycle; authorized.
(d) Provide or facilitate expert assistance in pilot Section 10. Role of LGUs in Solid Waste Management -
modeling of solid waste management facilities; and Pursuant to the relevant provisions of R.A. No. 7160, otherwise
known as the Local government code, the LGUs shall be
(e) Develop, test, and disseminate model waste primarily responsible for the implementation and enforcement of
minimization and reduction auditing procedures for the provisions of this Act within their respective jurisdictions.
evaluating options.
Segregation and collection of solid waste shall be conducted at
The National Ecology Center shall be headed by the director of the barangay level specifically for biodegradable, compostable
the Bureau in his ex officio capacity. It shall maintain a multi- and reusable wastes: Provided, That the collection of non-
sectoral, multi-disciplinary pool of experts including those from recyclable materials and special wastes shall be the
the academe, inventors, practicing professionals, business and responsibility of the municipality or city.
industry, youth , women and other concerned sectors, who shall
be screened according to qualifications set by the Commission. Section 11. Provincial Solid Waste Management Board - A
Provincial Solid Waste Management board shall be established
Section 8. Role of the Departmen. - For the furtherance of the in every province, to be chaired by the governor. Its members
objectives of this Act, the Department shall have the following shall include:
functions:
(a) All the mayors of its component cities and
(a) Chair the Commission created pursuant to this Act; municipalities;
(b) Prepare an annual National Solid Waste (b) One (1) representative from the Sangguniang
Management Status Report; Panlalawigan to be represented by the chairperson of
either the Committees on Environment or Health or
(c) Prepare and distribute information, education and their equivalent committees, to be nominated by the
communication materials on solid waste management; presiding officer;
(d) Establish methods and other parameters for the (c) The provincial health and/or general services
measurement of waste reduction, collection and officers, whichever may be recommended by the
disposal; governor;
(e) Provide technical and other capability building (d) The provincial environment and natural resources
assistance and support to the LGUs in the officer;
development and implementation of local solid waste
management plans and programs; (e) The provincial engineer;
(f) Recommend policies to eliminate barriers to waste (f) Congressional representatives from each
reduction programs; congressional district within the province;
(g) Exercise visitorial and enforcement powers to (g) A representative from the NGO sector whose
ensure strict compliance with this Act; principal purpose is to promote recycling and the
protection of air and water quality;
(h) Perform such other powers and functions
necessary to achieve the objectives of this Act; and (h) A representative from the recycling industry;
(i) Issue rules and regulations to effectively implement (i) A representative from the manufacturing or
the provisions of this Act. packaging industry; and

(j) A representative of each concerned government consonance with subsection (f) of Sec.17 of the Local
agency possessing relevant technical and marketing Government Code;
expertise as may be determined by the board.
(3) Recommend measures and safeguards against
The Provincial Solid Waste Management Board may, from time pollution and for the preservation of the natural
to time, call on any other concerned agencies or sectors as it ecosystem;
may deem necessary.
(4) Recommend measures to generate resources,
Provided, That representatives from the NGOs, recycling and funding and implementation of project and activities as
manufacturing or packaging industries shall be selected through specified in the duly approved solid waste
a process designed by themselves and shall be endorsed by the management plans;
government agency of representatives of the
Board: Provided, further, that in the Province of Palawan, the (5) Identify areas within its jurisdiction which have
Board shall be chaired by the chairman of the Palawan Council common solid waste management problems and are
for Sustainable Development, pursuant to Republic Act No. appropriate units are planning local solid waste
7611. management services in accordance with Section 41
hereof;
In the case of Metro Manila, the Board shall be chaired by the
chairperson of the MMDA and its members shall include: (6) Coordinate the efforts of the component cities and
municipalities in the implementation of the Provincial
(i) all mayors of its component cities and municipalities; Solid Waste Management Plan;
(ii) a representative from the NGO sector whose (7) Develop an appropriate incentive scheme as an
principal purpose is to promote recycling and the integral component of the Provincial Solid Waste
protection of air and water quality; Management Plan;
(iii) a representative from the recycling industry; and (8) Convene joint meetings of the provincial, city and
municipal solid waste management boards at least
(iv) a representative from the manufacturing or every quarter for purposes of integrating,
packaging industry. synchronizing, monitoring and evaluating the
development and implementation of its provincial solid
waste management plan;
The Board may, from time to time, call on any other concerned
agencies or sectors as it may deem necessary.
(9) Represent any of its component city or municipality
in coordinating its resource and operational
Provided, That representatives from the NGOs, recycling and requirements with agencies of the national
manufacturing or packaging industries shall be selected through government;
a process designed by themselves and shall be endorsed by the
government agency representatives of the Board.
(10) Oversee the implementation of the Provincial Solid
Waste Management Plant;
The Provincial Solid Waste Management Board shall have the
following functions and responsibilities:
(11) Review every two (2) years or as the need arises
the Provincial Solid Waste Management Plan for
(1) Develop a provincial solid waste management plan purposes of ensuring its sustainability, viability,
from the submitted solid waste management plans of effectiveness and relevance in relation to local and
the respective city and municipal solid waste international development in the field of solid waste
management boards herein created. It shall review and management; 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 (12) Allow for the clustering of LGUs for the solution of
components. The Provincial Solid Waste Management common solid waste management problems.
Plan shall be submitted to the Commission for
approval. Section 12. City and Municipal Solid Waste Management
Board - Each city or municipality shall form a City or Municipal
The Provincial Plans shall reflect the general program Waste Management Board that shall prepare, submit and
of action and initiatives of the provincial government implement a plan for the safe and sanitary management of solid
and implementing a solid waste management program waste generated in areas under in geographic and political
that would support the various initiatives of its coverage.
component cities and municipalities.
The City or Municipal Solid Waste Management Board shall be
(2) Provide the necessary logistical and operational composed of the city or municipal mayor as head with the
support to its component cities and municipalities in following as members:

a) One (1) representative of Sangguniang Panlungsod (6) Oversee the implementation of the City or Municipal
or the Sangguniang Bayan, preferably chairpersons of Solid Waste Management Plan;
either the Committees on Environment or Health, who
will be designated by the presiding officer; (7) Review every two (2) years or as the need arises
the City or Municipal Solid Waste Management Plan for
b) President of the Association of Barangay Councils purposes of ensuring its sustainability, viability,
in the municipality or city; effectiveness and relevance in relation to local and
international developments in the field of solid waste
c) Chairperson of the Sangguniang Kabataan management;
Federation;
(8) Develop the specific mechanics and guidelines for
d) A representative from NGOs whose principal the implementation of the City or Municipal Solid Waste
purpose is to promote recycling and the protection of Management Plan;
air and water quality;
(9) Recommended to appropriate local government
e) A representative from the recycling industry; authorities specific measures or proposals for
franchise or build-operate-transfer agreements with
duly recognized institutions, pursuant to R.A.6957, to
f) A representative from the manufacturing or provide either exclusive or non-exclusive authority for
packaging industry; and the collection, transfer, storage, processing, recycling
or disposal of municipal solid waste. The proposals
g) A representative of each concerned government shall take into consideration appropriate government
agency possessing relevant technical and marketing rules and regulations on contracts, franchise and build-
expertise as may be determined by the Board. operate-transfer agreements;
The City or Municipal Solid Waste Management Board may, (10) Provide the necessary logistical and operational
from time to time, call on any concerned agencies or sectors as support to its component cities and municipalities in
it may deem necessary. consonance with subsection (f) of Sec. 17 of the Local
Government Code;
Provided, That representatives from NGOs, recycling and
manufacturing or packaging industries shall be selected through (11) Recommended measures and safeguards against
a process designed by themselves and shall be endorsed by the pollution and for the preservation of the natural
government agency representatives of the Board. ecosystem; and
The City and Municipal Solid Waste Management Boards shall (12) Coordinates the efforts of its components
have the following duties and responsibilities: barangays in the implementation of the city or
municipal Solid Waste Management Plan.
(1) Develop the City or Municipal Solid Waste
Management Plan that shall ensure the long-term Section13. Establishment of Multi-Purpose Environment
management of solid waste, as well as integrate the Cooperatives or Association in Every LGU - Multi-purpose
various solid waste management plans and strategies cooperatives and associations that shall undertake activities to
of the barangays in its area of jurisdiction. In the promote the implementation and/ or directly undertake projects
development of the Solid Waste Management Plan, it in compliance with the provisions of this Act shall be encouraged
shall conduct consultations with the various sectors of and promoted in every LGU.
the community;
CHAPTER III
(2) Adopt measures to promote and ensure the viability COMPREHENSIVE SOLID WASTE MANAGEMENT
and effective implementation of solid waste
management programs in its component barangays; Article 1
General Provisions
(3) Monitor the implementation of the City or Municipal
Solid Waste Management Plan through its various Section 14. National Solid Waste Management Status Report -
political subdivisions and in cooperation with the The Department, in coordination with the DOH and other
private sector and the NGOs; concerned agencies, shall within six (6) months after the
effectivity of this Act, prepare a National Solid Waste
(4) Adopt specific revenue-generating measures to Management Status Report which shall be used as a basis in
promote the viability of its Solid Waste Management formulating the National Solid Waste Management Framework
Plan; provided in Sec. 15 of this Act. The concerned agencies shall
submit to the Department relevant data necessary for the
(5) Convene regular meetings for purposes of planning completion of the said report within three (3) months following
and coordinating the implementation of the solid waste the effectivity of this Act. The said report shall include, but shall
management plans of the respective component not be limited to, the following:
barangays;
(a) Inventory of existing solid waste facilities; (b) Identification of critical solid waste facilities and
local government units which will need closer
(b) General waste characterization, taking into account monitoring and/or regulation;
the type, quantity of waste generated and estimation of
volume and type of waste for reduction and recycling; (c) Characteristics and conditions of collection,
storage, processing, disposal, operating methods,
(c) Projection of waste generation; techniques and practices, location of facilities where
such operating methods, techniques and practices are
conducted, taking into account the nature of the waste;
(d) The varying regional geologic, hydrologic, climatic,
and other factors vital in the implementation of solid
waste practices to ensure the reasonable protection of: (d) Waste diversion goal pursuant to Sec. 20 of this Act;
(1) the quality of surface and groundwater (e) Schedule for the closure and/or upgrading of open
from leachate contamination; and controlled dumps pursuant to Sec. 37 of this Act;
(2) the quality of surface waters from surface (f) Methods of closing or upgrading open dumps for
run-off contamination; and purposes of eliminating potential health hazards;
(3) ambient air quality. (g) The profile of sources, including industrial,
commercial, domestic, and other sources;
(e) Population density, distribution and projected
growth; (h) Practical applications of environmentally sound
techniques of water minimization such as, but not
limited to, resource conservation, segregation at
(f) The political, economic, organizational, financial and source, recycling, resource recovery, including waste-
management problems affecting comprehensive solid to-energy generation, re-use and composting;
waste management;
(i) A technical and economic description of the level of
(g) Systems and techniques of waste reduction, re-use performance that can be attained by various available
and recycling; solid waste management practices which provide for
the protection of public health and the environment;
(h) Available markets for recyclable materials;
(j) Appropriate solid waste facilities and conservation
(i) Estimated cost of collecting, storing, transporting, systems;
marketing and disposal of wastes and recyclable
materials; and (k) Recycling programs for the recyclable materials,
such as but not limited to glass, paper, plastic and
(j) Pertinent qualitative and quantitative information metal;
concerning the extent of solid waste management
problems and solid waste management activities (l) Venues for public participation from all sectors at all
undertaken by local government units and the waste phases/stages of the waste management
generators. program/project;
Provided, That the Department, in consultation with concerned (m) Information and education campaign strategies;
agencies, shall review, update and publish a National Solid
Waste Management Status Report every two (2) years or as the
need arises. (n) A description of levels of performance and
appropriate methods and degrees of control that
provide, at the minimum, for protection of public health
Section 15. National Solid Waste Management Framework - and welfare through:
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 (1) Protection of the quality of groundwater
participation, formulate and implement a National Solid Waste and surface waters from leachate and run-off
Management Framework. Such framework shall consider and contamination;
include:
(2) Disease and epidemic prevention and
(a) Analysis and evaluation of the current state, trends, control;
projections of solid waste management on the national,
provincial and municipal levels; (3) Prevention and control of offensive odor;
and
(4) Safety and aesthetics.

(o) Minimum criteria to be used by the local (1) Estimated population of each barangay
government units to define ecological solid waste within the city or municipality and population
management practices. As much as practicable, such project for a 10-year period;
guidelines shall also include minimum information for
use in deciding the adequate location, design and (2) Illustration or map of the city/municipality,
construction of facilities associated with solid waste indicating locations of residential,
management practices, including the consideration of commercial, and industrial centers, and
regional, geographic, demographic and climatic agricultural area, as well as dump, landfills
factors; and and other solid waste facilities. The illustration
shall indicate as well, the proposed sites for
(p) The method and procedure for the phaseout and disposal and other solid waste facilities;
the eventual closure within eighteen (18) months from
the effectivity of this Act in case of existing open dumps (3) Estimated solid waste generation and
and/or sanitary landfills located within an aquifer, projection by source, such as residential,
groundwater reservoir or watershed area. market, commercial, industrial, construction/
demolition, street waste,agricultural, agro-
Section 16. Local Government Solid Waste Management industrial, institutional, other waste; and
Plans - The province, city or municipality, through its local solid
waste management boards, shall prepare its respective 10-year (4) Inventory of existing waste disposal and
solid waste management plans consistent with the national solid other solid waste facilities and capacities.
waste management framework: Provided, That the waste
management plan shall be for the re-use, recycling and
composting of wastes generated in their respective (b) Waste characterization - For the initial source
jurisdictions: Provided, further, That the solid waste reduction and recycling element of a local waste
management plan of the LGU shall ensure the efficient management plan, the LGU waste characterization
management of solid waste generated within its jurisdiction. The component shall identify the constituent materials
plan shall place primary emphasis on implementation of all which comprise the solid waste generated within the
feasible re-use, recycling, and composting programs while jurisdiction of the LGU. The information shall be
identifying the amount of landfill and transformation capacity that representative of the solid waste generated and
will be needed for solid waste which cannot be re-used, disposed of within the area. The constituent materials
recycled, or composted. The plan shall contain all the shall be identified by volume, percentage in weight or
components provided in Sec. 17 of this Act and a timetable for its volumetric equivalent, material type, and source of
the implementation of the solid waste management program in generation which includes residential, commercial,
accordance with the National Framework and pursuant to the industrial, governmental, or other materials. Future
provisions of this Act: Provided, finally, That it shall be reviewed revisions of waste characterization studies shall
and updated every year by the provincial, city or municipal solid identify the constituent materials which comprise the
waste management board. solid waste disposed of at permitted disposal facilities.
For LGUs which have considered solid waste management (c) Collection and Transfer - The plan shall take into
alternatives to comply with Sec. 37 of this Act, but are unable to account the geographic subdivisions to define the
utilize such alternatives, a timetable or schedule of compliance coverage of the solid waste collection area in every
specifying the remedial measure and eventual compliance shall barangay. The barangay shall be responsible for
be included in the plan. ensuring that a 100% collection efficiency from
residential, commercial, industrial and agricultural
sources, where necessary within its area of coverage,
All local government solid waste management plans shall be is achieved. Toward this end, the plan shall define and
subjected to the approval of the Commission. The plan shall be identify the specific strategies and activities to be
consistent with the national framework and in accordance with undertaken by its component barangays, taking into
the provisions of this Act and of the policies set by the account the following concerns:
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, (1) Availability and provision of properly
pursuant to R.A. No. 7611. designed containers or receptacles in
selected collection points for the temporary
storage of solid waste while awaiting
Section 17. The Components of the Local Government Solid collection and transfer to processing sites or
Waste Management Plan - The solid waste management plan to final disposal sites;
shall include, but not limited to, the following components:
(2) Segregation of different types of solid
(a) City or Municipal Profile - The plan shall indicate the waste for re-use, recycling and composting;
following background information on the city or
municipality and its component barangays, covering
important highlights of the distinct geographic and (3) Hauling and transfer of solid waste from
other conditions: source or collection points to processing sites
or final disposal sites;

(4) Issuance and enforcement of ordinances incentives provided under Sec. 46 of this Act to reduce
to effectively implement a collection system in the use of non-recyclable materials, replace disposable
the barangay; and materials and products with reusable materials and
products, reduce packaging, and increase the
(5) Provision of properly trained officers and efficiency of the use of paper, cardboard, glass, metal,
workers to handle solid waste disposal. and other materials. The waste reduction activities of
the community shall also take into account, among
others, local capability, economic viability, technical
The plan shall define and specify the methods and requirements, social concerns' disposition of residual
systems for the transfer of solid waste from specific waste and environmental impact: Provided, That,
collection points to solid waste management facilities. projection of future facilities needed and estimated cost
shall be incorporated in the plan.
(d) Processing - The Plan shall define the methods and
the facilities required to process the solid waste, (f) Recycling - The recycling component shall include a
including the use of intermediate treatment facilities for program and implementation schedule which shows
composting, recycling, conversion and other waste the methods by which the LGU shall, in combination
processing systems. Other appropriate waste with source reduction and composting components,
processing technologies may also be considered reduce a sufficient amount of solid waste disposed of
provided that such technologies conform with in accordance with the diversion requirements set in
internationally-acceptable and other standards set in Sec .20.
other standards set in other laws and regulations.
The LGU recycling component shall describe the
(e) Source reduction - The source reduction following:
component shall include a program and
implementation schedule which shows the methods by
which the LGU will, in combination with the recycling (1) The types of materials to be recycled
and composting components, reduce a sufficient under the programs;
amount of solid waste disposed of in accordance with
the diversion requirements of Sec. 20. (2) The methods for determining the
categories of solid wastes to be diverted from
The source reduction component shall describe the disposal at a disposal facility through
following: recycling; and
(1) strategies in reducing the volume of solid (3) New facilities and expansion of existing
waste generated at source; facilities needed to implement the recycling
component.
(2) measures for implementing such
strategies and the resources necessary to The LGU recycling component shall described
carry out such activities; methods for developing the markets for recycled
materials, including, but not limited to, an evaluation of
the feasibility of procurement preferences for the
(3) other appropriate waste reduction purchase of recycled products. Each LGU may
technologies that may also be considered, determine and grant a price preference to encourage
provided that such technologies conform with the purchase of recycled products.
the standards set pursuant to this Act;
The five-year strategy for collecting, processing,
(4) the types of wastes to be reduced marketing and selling the designated recyclable
pursuant to Sec. 15 of this Act; materials shall take into account persons engaged in
the business of recycling or persons otherwise
(5) the methods that the LGU will use to providing recycling services before the effectivity of this
determine the categories of solid wastes to be Act. Such strategy may be base upon the results of the
diverted from disposal at a disposal facility waste composition analysis performed pursuant to this
through re-use, recycling and composting; Section or information obtained in the course of past
and collection of solid waste by the local government unit,
and may include recommendations with respect to
(6) new facilities and expansion of existing increasing the number of materials designated for
facilities which will be needed to implement recycling pursuant to this Act.
re-use, recycling and composting.
The LGU recycling component shall evaluate
The LGU source reduction component shall include the industrial, commercial, residential, agricultural,
evaluation and identification of rate structures and fees governmental and other curbside, mobile, drop-off and
for the purpose of reducing the amount of waste buy-back recycling programs, manual and automated
generated, an other source reduction strategies, materials recovery facilities, zoning, building code
including but not limited to, programs and economic changes and rate structures which encourage
recycling of materials. The Solid Waste Management
Plan shall indicate the specific measures to be (2) Any permitted disposal facility which will
undertaken to meet the waste diversion specified be available during the 10-year planning
under Sec. 20 of this Act. period; and
Recommended revisions to the building ordinances, (3) All disposal capacity which has been
requiring newly-constructed buildings and buildings secured through an agreement with another
undergoing specified alterations to contain storage LGU, or through an agreement with a solid
space, devices or mechanisms that facilitate source waste enterprise.
separation and storage of designated recyclable
materials to enable the local government unit to The plan shall identify existing and proposed disposal
efficiently collect, process, market and sell the sites and waste management facilities in the city or
designated materials. Such recommendations shall municipality or in other areas. The plan shall specify
include, but shall not be limited to separate chutes to the strategies for the efficient disposal of waste through
facilitate source separation in multi-family dwellings, existing disposal facilities and the identification of
storage areas that conform to fire and safety code prospective sites for future use. The selection and
regulations, and specialized storage containers. development of disposal sites shall be made on the
basis of internationally accepted standards and on the
The Solid Waste Management Plan shall indicate the guidelines set in Sec. 41 and 42 of this Act.
specific measures to be undertaken to meet the
recycling goals pursuant to the objectives of this Act. Strategies shall be included to improve said existing
sites to reduce adverse impact on health and the
(g) Composting - The composting component shall environment, and to extent life span and capacity. The
include a program and implementation schedule which plan shall clearly define projections for future disposal
shows the methods by which the LGU shall, in site requirements and the estimated cost for these
combination with the source reduction and recycling efforts.
components, reduce a sufficient amount of solid waste
disposed of within its jurisdiction to comply with the Open dump sites shall not be allowed as final disposal
diversion requirements of Sec. 20 hereof. sites. If an open dump site is existing within the city or
municipality, the plan shall make provisions for its
The LGU composting component shall describe the closure or eventual phase out within the period
following: specified under the framework and pursuant to the
provisions under Sec. 37 of this Act. As an alternative,
(1) The types of materials which will be sanitary landfill sites shall be developed and operated
composted under the programs; 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
(2) The methods for determining the designed and operated in accordance with the
categories of solid wastes to be diverted from guidelines set under Secs. 40 and 41 of this Act.
disposal at a disposal facility through
composting; and
(i) Education and public information - The education
and public information component shall describe how
(3) New facilities, and expansion of existing the LGU will educate and inform its citizens about the
facilities needed to implement the composting source reduction, recycling and composting programs.
component.
The plan shall make provisions to ensure that
The LGU composting component shall describe information on waste collection services, solid waste
methods for developing the markets for composted management and related health and environmental
materials, including, but not limited to, an evaluation of concerns are widely disseminated among the public.
the feasibility of procurement preferences for the This shall be undertaken through the print and
purchase of composted products. Each LGU may broadcast media and other government agencies in the
determine and grant a price preference to encourage municipality. The DECS and the Commission on
the purchase of composted products. Higher Education shall ensure that waste management
shall be incorporated in the curriculum of primary,
(h) Solid waste facility capacity and final disposal - The secondary and college students.
solid waste facility component shall include, but shall
not be limited to, a projection of the amount of disposal (j) Special Waste - The special waste component shall
capacity needed to accommodate the solid waste include existing waste handling and disposal practices
generated, reduced by the following: for special wastes or household hazardous wastes,
and the identification of current and proposed
(1) Implementation of source reduction, programs to ensure the proper handling, re-use, and
recycling and composting programs required long-term disposal of special wastes;
in this Section or through implementation of
other waste diversion activities pursuant to (k) Resource requirement and funding - The funding
Sec. 20 of this Act; component includes identification and description of
project costs, revenues, and revenue sources the LGU activities and other resource recovery activities; Provided, That
will use to implement all components of the LGU solid the waste diversion goals shall be increased every three (3)
waste management plan; years thereafter; Provided, further, That nothing in this Section
prohibits a local government unit from implementing re-use,
The plan shall likewise indicate specific projects, recycling, and composting activities designed to exceed the
activities, equipment and technological requirements goal.
for which outside sourcing of funds or materials may be
necessary to carry out the specific components of the Article 2
plan. It shall define the specific uses for its resource Segregation of Wastes
requirement s and indicate its costs. The plan shall
likewise indicate how the province, city or municipality Section 21. Mandatory Segregation of Solid Wastes - The
intends to generate the funds for the acquisition of its LGUs shall evaluate alternative roles for the public and private
resource requirements. It shall also indicate if certain sectors in providing collection services, type of collection
resource requirements are being or will be sourced system, or combination of systems, that best meet their
from fees, grants, donations, local funding and other needs: Provided, That segregation of wastes shall primarily be
means. This will serve as basis for the determination conducted at the source, to include household, institutional,
and assessment of incentives which may be extended industrial, commercial and agricultural
to the province, city or municipality as provided for in sources: Provided, further; That wastes shall be segregated into
Sec. 45 of this Act. the categories provided in Sec. 22 of this Act.
(l) Privatization of solid waste management projects - For premises containing six (6) or more residential units, the
The plan shall likewise indicate specific measures to local government unit shall promulgate regulations requiring the
promote the participation of the private sector in the owner or person in charge of such premises to:
management of solid wastes, particularly in the
generation and development of the essential
technologies for solid waste management. Specific (a) provide for the residents a designated area and
projects or component activities of the plan which may containers in which to accumulate source separated
be offered as private sector investment activity shall be recyclable materials to be collected by the municipality
identified and promoted as such. Appropriate or private center; and
incentives for private sector involvement in solid waste
management shall likewise be established and (b) notify the occupants of each buildings of the
provided for in the plan, in consonance with Sec. 45 requirements of this Act and the regulations
hereof and other existing laws, policies and promulgated pursuant thereto.
regulations; and
Section 22. Requirements for the Segregation and Storage of
(m) Incentive programs - A program providing for Solid Waste - The following shall be the minimum standards and
incentives, cash or otherwise, which shall encourage requirements for segregation and storage of solid waste pending
the participation of concerned sectors shall likewise be collection:
included in the plan.
(a) There shall be a separate container for each type
Section 18. Owner and Operator - Responsibility for of waste from all sources: Provided, That in the case of
compliance with the standards in this Act shall rest with the bulky waste, it will suffice that the same be collected
owner and/or operator. If specifically designated, the operator is and placed in a separate designated area; and
considered to have primary responsibility for compliance;
however, this does not relieve the owner of the duty to take all (b) The solid waste container depending on its use
reasonable steps to assure compliance with these standards shall be properly marked or identified for on-site
and any assigned conditions. When the title to a disposal is collection as "compostable", "non-recyclable",
transferred to another person, the new owner shall be notified "recyclable" or "special waste", or any other
by the previous owner of the existence of these standards and classification as may be determined by the
of the conditions assigned to assure compliance. Commission.
Section 19. Waste characterization - The Department in Article 3

coordination with the LGUs, shall be responsible for the Collection and Transport of Solid Wastes
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 Section 23. Requirements for Collection of Solid Wastes - The
whether or not wastes are required to be managed as hazardous following shall be the minimum standards and requirements for
wastes under R.A. 6969, otherwise known as the Toxic the collection of solid waste:
Substance and Hazardous and Nuclear Wastes Control Act.
(a) All collectors and other personnel directly dealing
Section 20. Establishing Mandatory Solid Waste Diversion - with collection of solid waste shall be equipped with
Each LGU plan shall include an implementation schedule which personal protective equipment to protect them from the
shows that within five (5) years after the effectivity of this Act, hazards of handling wastes;
the LGU shall divert at least 25% of all solid waste from waste
disposal facilities through re-use, recycling and composting
(b) Necessary training shall be given to the collectors assist LGUs in establishing and implementing deposit or
and personnel to ensure that the solid wastes are reclamation programs in coordination with manufacturers,
handled properly and in accordance with the guidelines recyclers and generators to provide separate collection systems
pursuant to this Act; and or convenient drop-off locations for recyclable materials and
particularly for separated toxic components of the waste stream
(c) Collection of solid waste shall be done in a manner like dry cell batteries and tires to ensure that they are not
which prevents damage to the container and spillage incinerated or disposed of in a landfill. Upon effectivity of this
or scattering of solid waste within the collection vicinity. 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
Section 24. Requirements for the Transport of Solid Waste - plants, consistent with the provisions of R.A. No. 6969.
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 Section 29. Non-Environmentally Acceptable Products - Within
wastes shall have the appropriate compartments to facilitate one (1) year from the effectivity of this Act, the Commission
efficient storing of sorted wastes while in transit. 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
Vehicles shall be designed to consider road size, condition and prepared by the Commission: Provided, however, That non-
capacity to ensure the sage and efficient collection and transport environmentally acceptable products shall not be prohibited
of solid wastes. unless the Commission first finds that there are alternatives
available which are available to consumers at no more than ten
The waste compartment shall have a cover to ensure the percent (10%) greater cost than the disposable product.
containment of solid wastes while in transit.
Notwithstanding any other provisions to the contrary, this
For the purpose of identification, vehicles shall bear the body section shall not apply to:
number, the name, and the telephone number of the
contractor/agency collecting solid waste. (a) Packaging used at hospitals, nursing homes or
other medical facilities; and
Section 25. Guidelines for Transfer Stations - Transfer stations
shall be designed and operated for efficient waste handling (b) Any packaging which is not environmentally
capacity and in compliance with environmental standards and acceptable, but for which there is no commercially
guidelines set pursuant to this Act and other available alternatives as determined by the
regulations: Provided, That no waste shall be stored in such Commission.
station beyond twenty-four (24) hours.
The Commission shall annually review and update the list of
The siting of the transfer station shall consider the land use plan, prohibited non-environmentally acceptable products.
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 Section 30. Prohibition on the Use of Non-Environmentally
for storage and vehicles for loading and unloading of wastes. 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
Article 4 retail any products that are placed, wrapped or packaged in or
Recycling Program on packaging which is not environmentally acceptable
packaging: Provided, That the Commission shall determine a
Section 26. Inventory of Existing Markets for Recyclable phaseout period after proper consultation and hearing with the
Materials - The DTI shall within six (6) months from the effectivity stakeholders or with the sectors concerned. The presence in the
of this Act and in cooperation with the Department, the DILG and commercial establishment of non-environmentally acceptable
other concerned agencies and sectors, publish a study of packaging shall constitute a rebuttable presumption of intent to
existing markets for processing and purchasing recyclable sell or convey the same at retail to customers.
materials and the potential steps necessary to expand these
markets. Such study shall include, but not be limited to, an Any person who is a manufacturer, broker or warehouse
inventory of existing markets for recyclable materials, product operator engaging in the distribution or transportation of
standards for recyclable and recycled materials, and a proposal, commercial products within the country shall file a report with
developed in conjunction with the appropriate agencies, to the concerned local government within one (1) year from the
stimulate the demand for the production of products containing effectivity of this Act, and annually thereafter, a listing of any
post consumer and recovered materials. products in packaging which is not environmentally acceptable.
The Commission shall prescribe the form of such report in its
Section 27. Requirement for Eco-Labeling - The DTI shall regulations.
formulate and implement a coding system for packaging
materials and products to facilitate waste and recycling and re- A violation of this Section shall be sufficient grounds for the
use. revocation, suspension, denial or non-renewal of any license for
the establishment in which the violation occurs.
Section 28. Reclamation Programs and Buy-back Centers for
Recyclables and Toxics - The National Ecology Center shall
Section 31. Recycling Market Development - The Commission inventory of existing markets and demands for composts. Said
together with the National Ecology Center, the DTI and the inventory shall thereafter be updated and published
Department of Finance shall establish procedures, standards annually: Provided, That the composting of agricultural wastes
and strategies to market recyclable materials and develop the and other compostable materials, including but not limited to
local market for recycle goods, including but not limited to: garden wastes, shall be encouraged.
(a) measures providing economic incentives and Section 35. Guidelines for Compost Quality - Compost products
assistance including loans and grants for the intended to be distributed commercially shall conform with the
establishment of privately-owned facilities to standards for organic fertilizers set by the DA. The DA shall
manufacture finished products from post-consumer assist the compost producers to ensure that the compost
materials; products conform to such standards.
(b) guarantees by the national and local governments Article 6

to purchase a percentage of the output of the facility; Waste Management Facilities
and
Section 36. Inventory of Waste Disposal Facilities - Within six
(c) maintaining a list of prospective buyers, (6) months from the effectivity of this Act, the Department, in
establishing contact with prospective buyers and cooperation with the DOH, DILG and other concerned agencies,
reviewing and making any necessary changes in shall publish an inventory of all solid waste disposal facilities or
collecting or processing the materials to improve their sites in the country.
marketability.
Section 37. Prohibition Against the Use of Open Dumps for
In order to encourage establishments of new facilities to produce Solid Waste - No open dumps shall be established and
goods from post-consumer and recovered materials generated operated, nor any practice or disposal of solid waste by any
within local government units, and to conserve energy by person, including LGUs, which constitutes the use of open
reducing materials transportation, whenever appropriate, each dumps for solid wastes, be allowed after the effectivity of this
local government unit may arranged for long-term contracts to Acts: Provided, That within three (3) years after the effectivity of
purchase a substantial share of the product output of a proposed this Act, every LGU shall convert its open dumps into controlled
facility which will be based in the jurisdiction of the local dumps, in accordance with the guidelines set in Sec. 41 of this
government unit if such facility will manufacture such finished Act: Provided, further, That no controlled dumps shall be
products form post-consumer and recovered materials. allowed five (5) years following the effectivity of this Act.
Section 32. Establishment of LGU Materials Recovery Facility. - Section 38. Permit for Solid Waste Management Facility
There shall be established a Materials Recovery Facility (MRF) Construction and Expansion - No person shall commence
in every barangay or cluster of barangays. The facility shall be operation, including site preparation and construction of a new
established in a barangay-owned or -leased land or any suitable solid waste management facility or the expansion of an existing
open space to be determined by the barangay through its facility until said person obtains an Environment Compliance
Sanggunian. For this purpose, the barangay or cluster of Certificate (ECC) from the Department pursuant to P.D. 1586
barangays shall allocate a certain parcel of land for the MRF. and other permits and clearances form concerned agencies.
The MRF shall receive mixed waste for final sorting,
segregation, composting, and recycling. The resulting residual Section 39. Guidelines for Controlled Dumps - The following
wastes shall be transferred to a long term storage or disposal shall be the minimum considerations for the establishments of
facility or sanitary landfill. controlled dumps:
Section 33. Guidelines for Establishment of Materials Recovery (a) Regular inert cover;
Facility - Materials recovery facilities shall be designed to
receive, sort, process and store compostable and recyclable
material efficiently and in an environmentally sound manner. (b) Surface water and peripheral site drainage control;
The facility shall address the following considerations:
(c) Provision for aerobic and anaerobic decomposition;
(a) The building and/or land layout and equipment must
be designed to accommodate efficient and safe (d) Restriction of waste deposition to small working
materials processing, movement, and storage; and areas;
(b) The building must be designed to allow efficient and (e) Fence, including provisions for litter control;
safe external access and to accommodate internal
flow. (f) Basic record-keeping;
Article 5 (g) Provision of maintained access road;

Composting
(h) Controlled waste picking and trading;

Section 34. Inventory of Markets of Composts - Within six (6)
months after the effectivity of this Act, the DA shall publish an

(i) Post-closure site cover and vegetation; and (d) Groundwater monitoring well system - wells placed
at an appropriate location and depth for taking water
(j) Hydro geological siting. that are representative of ground water quality;
Section 40. Criteria for Siting a Sanitary Landfill - The following (e) Cover - two (2) forms of cover consisting of soil and
shall be the minimum criteria for the siting of sanitary landfills: geosynthetic materials to protect the waste from long-
term contact with the environment:
(a) The site selected must be consistent with the overall
land use plan of the LGU; (i) a daily cover placed over the waste at the
close of each day's operations, and;
(b) The site must be accessible from major roadways
or thoroughfares; (ii) a final cover, or cap, which is the material
placed over the completed landfill to control
infiltration of water, gas emission to the
(c) The site should have an adequate quantity of earth atmosphere, and erosion.
cover material that is easily handled and compacted;
(f) Closure procedure with the objectives of
(d) The site must be chosen with regard for the establishing low maintenance cover systems and final
sensitivities of the community's residents; cover that minimizes the infiltration of precipitation into
the waste. Installation of the final cover must be
(e) The site must be located in an area where the completed within six (6) months of the last receipt of
landfill's operation will not detrimentally affect waste;
environmentally sensitive resources such as aquifer,
groundwater reservoir or watershed area; (g) Post-closure care procedure - During this period,
the landfill owner shall be responsible for providing for
(f) The site should be large enough to accommodate the general upkeep of the landfill, maintaining all of the
the community's wastes for a period of five (5) years landfill's environmental protection features, operating
during which people must internalize the value of monitoring equipment, remediating groundwater
environmentally sound and sustainable solid waste should it become contaminated and controlling landfill
disposal; gas migration or emission.
(g) The site chosen should facilitate developing a Section 42. Operating Criteria for Sanitary Landfills - In the
landfill that will satisfy budgetary constraints, including operation of a sanitary land fill, each site operator shall maintain
site development, operation for many years, closure, the following minimum operating equipments:
post-closure care and possible remediation costs;
(a) Disposal site records of, but not limited to:
(h) Operating plans must include provisions for
coordinating with recycling and resource recovery (1) Records of weights or volumes accepted
projects; and in a form and manner approved by the
Department. Such records shall be submitted
(i) Designation of a separate containment area for to the Department upon request, accurate to
household hazardous wastes. within ten percent (10%) and adequate for
overall planning purposes and forecasting the
Section 41. Criteria for Establishment of Sanitary Landfill - The rate of site filling;
following shall be the minimum criteria for the establishment of
sanitary landfills: (2) Records of excavations which may affect
the safe and proper operation of the site or
(a) Liners - a system of clay layers and/or cause damage to adjoining properties;
geosynthethic membranes used to contain leachate
and reduce or prevent contaminant flow to (3) Daily log book or file of the following
groundwater; information: fires, landslides, earthquake
damage, unusual and sudden settlement,
(b) Leachate collection and treatment system - injury and property damage, accidents,
installation of pipes at the low areas of the liner to explosions, receipts or rejection of
collect leachate for storage and eventual treatment and unpermitted wastes, flooding and other
discharge; unusual occurrences;
(c) Gas control and recovery system - a series of (4) Record of personnel training; and
vertical wells or horizontal trenches containing
permeable materials and perforated piping placed in (5) Copy of written notification to the
the landfill to collect gas for treatment or productive use Department, local health agency, and fire
as an energy source; authority of names, addresses and telephone

numbers of the operator or responsible party (i) Safe and adequate drinking water supply for the site
of the site; personnel shall be available;
(b) Water quality monitoring of surface and ground (j) The site shall have communication facilities
waters and effluent, and gas emissions; available to site personnel to allow quick response to
emergencies;
(c) Documentation of approvals, determinations and
other requirements by the Department; (k) Where operations are conducted during hours of
darkness, the site and/or equipment shall be equipped
(d) Signs: with adequate lighting as approved by the Department
to ensure safety and to monitor the effectiveness of
operations;
(1) Each point of access from a public road
shall be posted with an easily visible sigh
indicating the facility name and other pertinent (l) Operating and maintenance personnel shall wear
information as required by the Department; and use appropriate safety equipment as required by
the Department;
(2) If the site is open to the public, there shall
be an easily visible sign at the primary (m) Personnel assigned to operate the site shall be
entrance of the site indicating the name of the adequately trained in subject pertinent to the site
site operator, the operator's telephone operation and maintenance, hazardous materials
number, and hours of operation; an easily recognition and screening, and heavy equipment
visible sign at an appropriate point shall operations, with emphasis on safety, health,
indicate the schedule of changes and the environmental controls and emergency procedures. A
general types of materials which will either be record of such training shall be placed in the operating
accepted or not; record;
(3) If the site is open to the public, there shall (n) The site operator shall provide adequate
be an easily visible road sign and/or traffic supervision of a sufficient number of qualified
control measures which direct traffic to the personnel to ensure proper operation of the site in
active face and other areas where wastes or compliance with all applicable laws, regulations, permit
recyclable materials will be deposited; and conditions and other requirements. The operator shall
notify the Department and local health agency in
writing of the names, addresses, and telephone
(4) Additional signs and/or measures may be number of the operator or responsible party. A copy of
required at a disposal site by the Department the written notification shall be placed in the operation
to protect personnel and public health and record;
safety;
(o) Any disposal site open to the public shall have an
(e) Monitoring of quality of surface, ground and effluent attendant present during public operating hours or the
waters, and gas emissions; site shall be inspected by the operator on a regularly
scheduled basis, as determined by the Department;
(f) The site shall be designed to discourage
unauthorized access by persons and vehicles by using (p) Unloading of solid wastes shall be confined to a
a perimeter barrier or topographic constraints. Areas small area as possible to accommodate the number of
within the site where open storage, or pounding of vehicles using the area without resulting in traffic,
hazardous materials occurs shall be separately fenced personnel, or public safety hazards. Waste materials
or otherwise secured as determined by the shall normally be deposited at the toe of the fill, or as
Department. The Department may also require that otherwise approved by the Department;
other areas of the site be fenced to create an
appropriate level of security;
(q) Solid waste shall be spread and compacted in
layers with repeated passages of the landfill equipment
(g) Roads within the permitted facility boundary shall to minimize voids within the cell and maximize
be designed to minimize the generation of dust and the compaction. The loose layer shall not exceed a depth
tracking of material onto adjacent public roads. Such approximately two feet before compaction. Spreading
roads shall be kept in safe condition and maintained and compacting shall be accomplished as rapidly as
such that vehicle access and unloading can be practicable, unless otherwise approved by the
conducted during inclement weather; Department;
(h) Sanitary facilities consisting of adequate number of (r) Covered surfaces of the disposal area shall be
toilets and handwashing facilities, shall be available to graded to promote lateral runoff of precipitation and to
personnel at or in the immediate vicinity of the site; 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 participate in any program geared towards the
cover, stockpiled on the site for use or removal, shall promotion thereof as provided for in this Act.
be placed so as not to cause problems or interfere with
unloading, spreading, compacting, access, safety (1) Fiscal Incentives. - Consistent with the provisions of E.O.
drainage, or other operations. 226, otherwise known as the Omnibus Investments Code, the
following tax incentives shall be granted:
Article 7
Local Government Solid Waste Management (a) Tax and Duty Exemption on Imported Capital
Equipment and Vehicles - Within ten (10) years upon
Section 43. Guidelines for Identification of Common Solid effectively of this Act, LGUs, enterprises or private
Waste Management Problems - For purposes of encouraging entities shall enjoy tax and duty free importation of
and facilitating the development of local government plans for machinery, equipment, vehicles and spare parts used
solid waste management, the Commission shall, as soon as for collection, transportation, segregation, recycling, re-
practicable but not later than six (6) months from the effectivity use and composing of solid wastes: Provided, That the
of this Act, publish guidelines for the identification of those areas importation of such machinery, equipment, vehicle and
which have common solid waste management problems and are spare parts shall comply with the following conditions:
appropriate units for clustered solid waste management
services. The guidelines shall be based on the following: (i) They are not manufactured domestically in
sufficient quantity, of comparable quality and
(a) the size and location of areas which should be at reasonable prices;
included;
(ii) They are reasonably needed and will be
(b) the volume of solid waste which would be used actually, directly and exclusively for the
generated; above mentioned activities;
(c) the available means of coordinating local (iii) The approval of the Board of Investment
government planning between and among the LGUs (BOI) of the DTI for the importation of such
and for the integration of such with the national plan; machinery, equipment, vehicle and spare
and parts.
(d) possible lifespan of the disposal facilities. Provided, further, That the sale, transfer or disposition
of such machinery, equipment, vehicle and spare
Section 44. Establishment of Common Waste Treatment and parts, without prior approval of the (BOI), within five (5)
Disposal Facilities - Pursuant to Sec. 33 of R.A.7160, otherwise years from the date of acquisition shall be prohibited,
known as the Local Government Code, all provinces, cities, otherwise, the LGU concerned, enterprise or private
municipalities and barangays, through appropriate ordinances, entities and the vendee, transferee, or assignee shall
are hereby mandated to consolidate, or coordinate their efforts, be solidarily liable to pay twice the amount of tax and
services, and resources for purposes of jointly addressing duty exemption given it.
common solid waste management problems and/or establishing
common waste disposal facilities. (b) Tax Credit on Domestic Equipment - Within ten (10)
years from the effectivity of this Act, a tax credit
The Department, the Commission and local solid waste equivalent to 50% of the value of the national internal
management boards shall provide technical and marketing revenue taxes and customs duties that would have
assistance to the LGUs. been waived on the machinery, equipment, vehicle and
spare parts, had these items been imported shall be
given to enterprises, private entities, including NGOs,
CHAPTER IV subject to the same conditions and prohibition cited in
INCENTIVES the preceding paragraph.
Section 45. Incentives. - (c) Tax and Duty Exemption of Donations, Legacies
and Gift - All legacies, gifts and donations to LGUs,
(a) Rewards, monetary or otherwise, shall be provided enterprises or private entities, including NGOs, for the
to individuals, private organizations and entitles, support and maintenance of the program for effective
including non-government organizations, that have solid waste management shall be exempt from all
undertaken outstanding and innovative projects, internal revenue taxes and customs duties, and shall
technologies, processes and techniques or activities in be deductible in full from the gross income of the donor
re-use, recycling and reduction. Said rewards shall be for income tax purposes.
sourced from the Fund herein created.
(2) Non-Fiscal Incentives. - LGUs, enterprises or private entities
(b) An incentive scheme is hereby provided for the availing of tax incentives under this Act shall also be entitled to
purpose of encouraging LGUs, enterprises, or private applicable non-fiscal incentives provided for under E.O. 226,
entities, including NGOs, to develop or undertake an otherwise known as the Omnibus Investments Code.
effective solid waste management, or actively

The Commission shall provide incentives to businesses and (6) capability building activities.
industries that are engaged in the recycling of wastes and which
are registered with the Commission and have been issued LGUs are entitled to avail of the Fund on the basis of their
ECCs in accordance with the guidelines established by the approved solid waste management plan. Specific criteria for the
Commission. Such incentives shall include simplified availment of the Fund shall be prepared by the Commission.
procedures for the importation of equipment, spare parts, new
materials, and supplies, and for the export of processed
products. 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
(3) Financial Assistance Program. - Government financial be based on a sharing scheme between the Fund and the LGU
institutions such as the Development Bank of the Philippines concerned.
(DBP), Landbank of the Philippines (LBP), Government Service
Insurance System (GSIS), and such other government
institutions providing financial services shall, in accordance with In no case, however, shall the Fund be used for the creation of
and to the extent allowed by the enabling provisions of their positions or payment of salaries and wages.
respective charters or applicable laws, accord high priority to
extend financial services to individuals, enterprises, or private Section 47. Authority to Collect Solid Waste Management
entities engaged in solid waste management. Fees - The local government unit shall impose fees in amounts
sufficient to pay the costs of preparing, adopting, and
(4) Extension of Grants to LGUs. - Provinces, cities and implementing a solid waste management plan prepared
municipalities whose solid waste management plans have been pursuant to this Act. The fees shall be based on the following
duly approved by the Commission or who have been minimum factors:
commended by the Commission for adopting innovative solid
waste management programs may be entitled to receive grants (a) types of solid waste;
for the purpose of developing their technical capacities toward
actively participating in the program for effectively and (b) amount/volume of waste; and
sustainable solid waste management.
(c) distance of the transfer station to the waste

(5) Incentives to Host LGUs. - Local government units who host management facility.
common waste management facilities shall be entitled to
incentives.
The fees shall be used to pay the actual costs incurred by the
LGU in collecting the local fees. In determining the amounts of
CHAPTER V the fees, an LGU shall include only those costs directly related
FINANCING SOLID WASTE MANAGEMENT to the adoption and implementation of the plan and the setting
and collection of the local fees.
Section 46. Solid Waste Management Fund - There is hereby
created, as a special account in the National Treasury, a Solid CHAPTER VI
Waste Management Fund to be administered by the PENAL PROVISIONS
Commission. Such fund shall be sourced from the following:
Section 48. Prohibited Acts - The following acts are prohibited:

(a) Fines and penalties imposed, proceeds of permits
and licenses issued by the Department under this Act,
donations, endowments, grants and contributions from (1) Littering, throwing, dumping of waste matters in
domestic and foreign sources; and public places, such as roads, sidewalks, canals,
esteros or parks, and establishment, or causing or
permitting the same;
(b) Amounts specifically appropriated for the Fund
under the annual General Appropriations Act;
(2) Undertaking activities or operating, collecting or
transporting equipment in violation of sanitation
The Fund shall be used to finance the following: operation and other requirements or permits set forth
in established pursuant;
(1) products, facilities, technologies and
processes to enhance proper solid waste (3) The open burning of solid waste;
management;
(4) Causing or permitting the collection of non-

(2) awards and incentives; segregated or unsorted wastes;
(3) research programs; (5) Squatting in open dumps and landfills;
(4) information, education, communication (6) Open dumping, burying of biodegradable or non-
and monitoring activities; biodegradable materials in flood prone areas;
(5) technical assistance; and

(7) Unauthorized removal of recyclable material imprisonment of not less than fifteen (15) day but to not
intended for collection by authorized persons; more than six (6) months, or both;
(8) The mixing of source-separated recyclable material (d) Any person who violates Sec. 48, pars (8), (9), (10)
with other solid waste in any vehicle, box, container or and (11) for the first time shall, upon conviction, pay a
receptacle used in solid waste collection or disposal; fine of Five hundred thousand pesos (P500,000.00)
plus and amount not less than five percent (5%) but not
(9) Establishment or operation of open dumps as more than ten percent (10%) of his net annual income
enjoined in this Act, or closure of said dumps in during the previous year.
violation of Sec. 37;
The additional penalty of imprisonment of a minimum
(10) The manufacture, distribution or use of non- period of one (1) year but not to exceed three (3) years
environmentally acceptable packaging materials; at the discretion of the court, shall be imposed for
second or subsequent violations of Sec. 48, pars. (9)
and (10).
(11) Importation of consumer products packaged in
non-environmentally acceptable materials;
(e) Any person who violates Sec. 48, pars. (12) and
(13) shall, upon conviction, be punished with a fine not
(12) Importation of toxic wastes misrepresented as less than Ten thousand pesos (P10,000.00) but not
"recyclable" or "with recyclable content"; more than Two hundred thousand pesos
(P200,000.00) or imprisonment of not less than thirty
(13) Transport and dumplog in bulk of collected (30) days but not more than three (3) years, or both;
domestic, industrial, commercial, and institutional
wastes in areas other than centers or facilities (f) Any person who violates Sec. 48, pars. (14), (15)
prescribe under this Act; and (16) shall, upon conviction, be punished with a fine
not less than One hundred thousand pesos
(14) Site preparation, construction, expansion or (P100,000.00) but not more than One million pesos
operation of waste management facilities without an (P1,000,000.00), or imprisonment not less than one (1)
Environmental Compliance Certificate required year but not more than six (6) years, or both.
pursuant to Presidential Decree No. 1586 and this Act
and not conforming with the land use plan of the LGU; If the offense is committed by a corporation, partnership, or other
juridical identity duly recognized in accordance with the law, the
(15) The construction of any establishment within two chief executive officer, president, general manager, managing
hundred (200) meters from open dumps or controlled partner or such other officer-in-charge shall be liable for the
dumps, or sanitary landfill; and commission of the offense penalized under this Act.
(16) The construction or operation of landfills or any If the offender is an alien, he shall, after service of the sentence
waste disposal facility on any aquifer, groundwater prescribed above, be deported without further administrative
reservoir, or watershed area and or any portions proceedings.
thereof.
The fines herein prescribed shall be increased by at lest ten
Section 49. Fines and Penalties - (10%) percent every three (3) years to compensate for inflation
and to maintain the deterrent functions of such fines.
(a) Any person who violates Sec. 48 paragraph (1)
shall, upon conviction, be punished with a fine of not Section 50. Administrative Sanctions - Local government
less than Three hundred pesos (P300.00) but not more officials and officials of government agencies concerned who fail
than One thousand pesos (P1,000.00) or render to comply with and enforce rules and regulations promulgated
community service for not less than one (1) day to not relative to this Act shall be charged administratively in
more than fifteen (15) days to an LGU where such accordance with R.A. 7160 and other existing laws, rules and
prohibited acts are committed, or both; regulations
(b) Any person who violates Sec. 48, pars. (2) and (3), CHAPTER VII
shall, upon conviction be punished with a fine of not MISCELLANEOUS PROVISIONS
less than Three hundred pesos (P300.00) but not more
than One thousand pesos (P1,000.00) or imprisonment Section 51. Mandatory Public Hearings - Mandatory public
of not less than one (1) day but to not more than fifteen hearings for national framework and local government solid
(15) days, or both; waste management plans shall be undertaken by the
Commission and the respective Boards in accordance with
(c) Any person who violates Sec. 48, pars. (4), (5), (6) process to be formulated in the implementing rules and
and (7) shall, upon conviction, be punished with a fine regulations.
of not less than One thousand pesos (P1,000.00) but
not more than Three thousand pesos (P3,000.00) or 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 (a) adverse health effects of the release into the
administrative action in the proper courts/bodies against: environment of materials present in solid wastes, and
methods to eliminate said effects;
(a) Any person who violates or fails to comply with the
provisions of this Act its implementing rules and (b) the operation and financing of solid waste disposal
regulations; or programs;
(b) The Department or other implementing agencies (c) the planning, implementing and operation of
with respect to orders, rules and regulations issued resource recovery and resource conservation systems;
inconsistent with this Act; and/or
(d) the production of usable forms of recovered
(c) Any public officer who willfully or grossly neglects resources, including fuel from solid waste;
the performance of an act specifically enjoined as a
duty by this Act or its implementing rules and (e) the development and application of new and
regulations; or abuses his authority in the performance improved methods of collecting and disposing of solid
of his duty; or, in any many improperly performs his waste and processing and recovering materials and
duties under this Act or its implementing rules and energy from solid waste;
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 (f) improvements in land disposal practices for solid
and no appropriate action has been taken thereon. waste (including sludge); and
The Court shall exempt such action from the payment of filing (g) development of new uses of recovered resources
fees and statements likewise, upon prima facieshowing of the and identification of existing or potential markets of
non-enforcement or violation complained of, exempt the plaintiff recovered resources.
from the filing of an injunction bond for the issuance of
preliminary injunction. In carrying out solid waste researches and studies, the
Secretary of the Department or the authorized representative
In the event that the citizen should prevail, the Court shall award may make grants or enter into contracts with government
reasonable attorney's fees, moral damages and litigation costs agencies, nongovernment organizations and private persons.
as appropriate.
Section 55. Public Education and Information - The
Section 53. Suits and Strategic Legal Action Against Public Commission shall, in coordination with DECS, TESDA, CHED,
Participation (SLAPP) and the Enforcement of this Act - Where DILG and PIA, conduct a continuing education and information
a suit is brought against a person who filed an action as provided campaign on solid waste management, such education and
in Sec. 52 of this Act, or against any person, institution or information program shall:
government agency that implements this Act, it shall be the duty
of the investigating prosecutor or the Court, as the case may be, (a) Aim to develop public awareness of the ill-effects of
to immediately make a determination not exceeding thirty (30) and the community based solutions to the solid waste
days whether said legal action has been filed to harass, vex, problem;
exert undue pressure or stifle such legal recourses of the person
complaining of or enforcing the provisions of this Act. Upon (b) Concentrate on activities which are feasible and
determination thereof, evidence warranting the same, the Court which will have the greatest impact on the solid waste
shall dismiss the complaint and award the attorney's fees and problem of the country, like resource conservation and
double damages. recovery, recycling, segregation at source, re-use,
reduction, and composing of solid waste; and
This provision shall also apply and benefit public officers who
are sued for acts committed in their official capacity, there being (c) Encourage the general public, accredited NGOs
no grave abuse of authority, and done in the course of enforcing and people's organizations to publicity endorse and
this Act. patronize environmentally acceptable products and
packaging materials.
Section 54. Research on Solid Waste Management - The
Department after consultations with the cooperating agencies, Section 56. Environmental Education in the Formal and
shall encourage, cooperate with, and render financial and other Nonformal Sectors - The national government, through the
assistance to appropriate government agencies and private DECS and in coordination with concerned government
agencies, institutions and individuals in the conduct and agencies, NGOs and private institutions, shall strengthen the
promotion researches, experiments, and other studies on solid integration of environmental concerns in school curricula at all
waste management, particularly those relating to: 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 Section 62. Transitory Provision - Pending the establishment of
encourage commercial and industrial establishments, through the framework under Sec. 15 hereof, plans under Sec. 16 and
appropriate incentives other than tax incentives to initiate, promulgation of the IRR under Sec. 59 of this Act, existing laws,
participate and invest in integrated ecological solid waste regulations, programs and projects on solid waste management
management projects to manufacture environment-friendly shall
products, to introduce develop and adopt innovative processes
that shall recycle and re-use materials, conserve raw materials be enforced: Provided, That for specific undertaking, the same
and energy, reduce waste, and prevent pollution and to may be revised in the interim in accordance with the intentions
undertake community activities to promote and propagate of this Act.
effective solid waste management practices.
Section 63. Report to Congress - The Commission shall report
Section 58. Appropriations - For the initial operating expenses to Congress not later than March 30 of every year following the
of the Commission and the National Ecology Center as well as approval of this Act, giving a detailed account of its
the expensed of the local government units to carry out the accomplishments and progress on solid waste management
mandate of this Act, the amount of Twenty million pesos during the year and make the necessary recommendations in
(P20,000,000.00) is hereby appropriated from the areas where there is need for legislative action.
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 Section 64. Separability Clause - If any provision of this Act or
the General Appropriations Act. 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
Section 59. Implementing Rules and Regulations (IRR) - The shall not be affected by such declaration.
Department, in coordination with the Committees on
Environment and Ecology of the Senate and House of
Representative, respectively, the representatives of the Section 65. Repealing Clause - All laws, decrees, issuances,
Leagues of Provinces, Cities, Municipalities and Barangay rules and regulations or parts thereof inconsistent with the
Councils, the MMDA and other concerned agencies, shall provisions of this Act are hereby repealed or modified
promulgate the implementing rules and regulations of this Act, accordingly.
within one (1) year after its enactment: Provided, That rules and
regulations issued by other government agencies and Section 66. Effectivity - This Act shall take effect fifteen (15)
instrumentalities for the prevention and/or abatement of the solid days after its publication in at least two (2) newspapers of
waste management problem not inconsistent with this Act shall general circulation.
supplement the rules and regulations issued by the Department,
pursuant to the provisions of this Act. Approved: January 26, 2001
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.

Republic Act No. 9003

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REPUBLIC ACT 9003 January 26, 2001 (h) Encourage cooperation and self-regulation among

waste generators through the application of market-

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(4) Safety and aesthetics.

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Section 19. Waste characterization - The Department in Article 3

(b) guarantees by the national and local governments Article 6

Article 5 (g) Provision of maintained access road;

(h) Controlled waste picking and trading;

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(c) distance of the transfer station to the waste

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

(4) Causing or permitting the collection of non-

(3) research programs; (5) Squatting in open dumps and landfills;

(5) technical assistance; and

ENVIRONMENTAL LAW | ATTY. FELONGCO | |19 | P a g e

ENVIRONMENTAL LAW | ATTY. FELONGCO | |21 | P a g e

The draft of the IRR shall be published and be the subject of

Section 60. Joint Congressional Oversight Committee - There

Section 61. Abolition of the Presidential Task Force On Waste

Further, pursuant to Administrative Order No. 90 dated October

ENVIRONMENTAL LAW | ATTY. FELONGCO | |22 | P a g e

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