Activity 2: Research Study on RA 9003

AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE MANAGEMENT

PROGRAM, CREATING THE NECESSARY INSTITUTIONAL MECHANISMS AND
INCENTIVES, DECLARING CERTAIN ACTS PROHIBITED AND PROVIDING PENALTIES,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
Republic Act No. 9003, commonly known as the Ecological Solid Waste Management
Act of 2000, is a landmark legislation in the Philippines that was created to address the
increasing issues caused by improper waste disposal. This study analyzes the main
elements of RA 9003, including its legislative background, objectives, definitions, acts that
are prohibited, penalties, and the functions that the Department of Environment and Natural
Resources, local government entities, and the private sector are assigned. It also thoroughly
examines the incentives offered to promote environmental sustainability and compliance.

A. What is the title of Republic Act No. 9003?

Title: Republic Act No. 9003 of the Philippines is commonly known as the “Ecological Solid
Waste Management Act of 2000”.

B. When was Republic Act No. 9003 enacted?

Enactment Date: Republic Act No. 9003 was enacted on January 26, 2001, marking a
significant milestone in the country's efforts to establish a comprehensive waste
management framework.

C. What is the primary objective of Republic Act No. 9003?

Primary Objective: The primary objective of Republic Act No. 9003 is to provide a
comprehensive and ecological solid waste management program to ensure the protection of
public health and the environment. This section will delve into the specific goals outlined in
the legislation and their significance. The State is implementing a comprehensive and
ecological solid waste management program to protect public health and the environment.
The program will use environmentally-sound methods to maximize resource utilization and
encourage conservation and recovery. It will set guidelines for waste avoidance and volume
reduction through methods like composting, recycling, and green charcoal. The program will
ensure proper waste segregation, collection, transport, storage, treatment, and disposal. It
will promote national research and development programs for improved waste management
techniques and institutional arrangements. The program will encourage private sector
participation in waste management, maintain primary enforcement with local government
units, encourage cooperation among waste generators, institutionalize public participation in
waste management programs, and strengthen the integration of ecological waste
management and resource conservation topics into education.

D. What is the definition of solid waste under Republic Act No. 9003?
Definition: Solid waste under Republic Act No. 9003 is broadly defined as any discarded
material that is not liquid or gas, encompassing garbage, trash, refuse, and other disposable
materials. The study will explore how this definition lays the foundation for the law's
implementation. Solid waste includes discarded household, commercial, institutional, and
industrial waste, street sweepings, construction debris, agricultural waste, and other non-
hazardous/non-toxic waste. It excludes hazardous waste that may cause increased mortality
or serious illness, infectious waste from hospitals, laboratory wastes, and waste resulting
from mining activities. Hazardous waste includes infectious equipment, instruments, utensils,
and fomites from patients suspected of communicable diseases, pathological specimens,
and surgical operating room materials. Laboratory wastes include pathological specimens
and fomites from surgical operating rooms. Solid waste must be isolated as required by
public health agencies.

E. What are the prohibited acts under Republic Act No. 9003?
Prohibited Acts: The law outlines various prohibited acts, including littering, open burning of
solid waste, and the operation of open dumps. The prohibited acts are: Littering or dumping
waste in public places; Violating sanitation laws and permits; Open burning of solid waste;
Collecting non-segregated waste; Squatting in dumps; Dumping waste in flood-prone areas;
Unauthorized removal of recyclable material; Mixing recyclables with other waste; Operating
or closing illegal dumps; Using non-environmentally friendly packaging; Importing products
with non-environmentally friendly packaging; Importing toxic waste disguised as recyclables;
Dumping waste in unauthorized areas; Constructing waste facilities without proper
certification. 1586 and this Act and not conform with the land use plan of the LGU;
Construction within 200 meters of dumps or landfills; and landfill or waste disposal facility on
aquifer, groundwater reservoir, or watershed area.

F. What are the penalties for violating Republic Act No. 9003?
Fines and Penalties: This section will detail the penalties associated with different offenses,
emphasizing the importance of strict enforcement. Violations can result in fines, community
service, imprisonment, or both. Republic Act No. 9003, imposes penalties on individuals and
entities for violating waste management and environmental protection practices. Penalties
range from fines to community service for 15 days or both. Businesses violating provisions
face fines ranging from 5,000 to 100,000 pesos, or closure, suspension, or revocation of
their permits or licenses. Local government officials and employees may face administrative
sanctions, while Local Government Units (LGUs) failing to implement solid waste
management plans may face fines ranging from 10,000 to 100,000 pesos. Unauthorized
waste collection services may result in fines ranging from 1,000 to 50,000 pesos or
imprisonment of one to six months. Fines are increased by 10% every three years to
compensate for inflation and maintain deterrent function. These penalties are meant to
ensure compliance and promote responsible waste management practices. Local
government units and law enforcement agencies are responsible for implementing and
enforcing these penalties, conducting inspections, investigations, and imposing sanctions on
those found violating the law.
G. What is the role of local government units under Republic Act No. 9003?
Local Government Units (LGUs): LGUs play a pivotal role in the implementation of RA
9003. This section will explore how they are responsible for formulating and implementing
solid waste management plans, establishing materials recovery facilities, and promoting
waste segregation at the source. This act empowers Local Government Units (LGUs) to lead
in managing solid waste within their jurisdictions. LGUs are responsible for formulating and
implementing comprehensive solid waste management plans, establishing Materials
Recovery Facilities (MRFs), promoting source segregation, enforcing waste segregation and
collection, closing and rehabilitating open dumpsites, prohibiting open burning of solid waste,
and integrating the informal waste sector into the formal system. LGUs are also authorized
to impose fees and charges for solid waste management services, including collection,
disposal, and other related services. They are also responsible for conducting public
awareness and education campaigns to inform residents and stakeholders about proper
waste management practices. Regular monitoring and reporting is required for LGUs to
demonstrate compliance with RA 9003. This includes coordinating with barangays and
communities to ensure proper waste collection and transportation. LGUs are also
encouraged to integrate the informal waste sector into the formal solid waste management
system, providing support and recognition for their recycling and recovery efforts. LGUs are
primarily responsible for implementing and enforcing R.A. No. 7160 within their jurisdictions.
Solid waste segregation and collection are conducted at the barangay level for
biodegradable, compostable, and reusable wastes, with non-recyclable materials and
special wastes being the responsibility of the municipality or city.

H. What is the role of the Department of Environment and Natural Resources under
Republic Act No. 9003?
Department of Environment and Natural Resources (DENR): The DENR is tasked with
implementing and enforcing the provisions of the law at the national level. The study will
elaborate on the technical assistance provided by DENR and its oversight role. The DENR is
responsible for implementing Republic Act No. 9003, which outlines the Ecological Solid
Waste Management Act. The department formulates national policies and guidelines for the
law, providing technical assistance to local government units (LGUs) to develop their own
solid waste management programs. The department also monitors and evaluates the law's
implementation, ensuring compliance with provisions and taking appropriate measures. The
department enforces standards related to solid waste management, such as proper waste
segregation and the prohibition of open dumps. The department collaborates with other
agencies, NGOs, and stakeholders to create a holistic approach to environmental
challenges. The department issues rules and regulations for the law's effective
implementation, oversees compliance, and engages in capacity building and training
programs. The department also promotes public awareness and education campaigns on
proper solid waste management, aiming to engage the community in waste reduction,
recycling, and responsible disposal practices.

I. What is the role of the private sector under Republic Act No. 9003?
Private Sector: The private sector is encouraged to participate in solid waste management
through partnerships with LGUs and by establishing materials recovery facilities. This
section will delve into the specific roles assigned to the private sector and the incentives for
their involvement. The Ecological Solid Waste Management Act of 2000 mandates the
private sector to actively participate in solid waste management initiatives. This includes
establishing Materials Recovery Facilities (MRFs) for segregation, recycling, and recovery of
valuable materials from solid waste, engaging in waste recycling and processing activities,
forming partnerships with Local Government Units (LGUs), promoting Extended Producer
Responsibility (EPR) principles, investing in research and development related to solid waste
management technologies and practices, adhering to environmental standards, promoting
green practices, providing financial and technical support to LGUs and community-based
organizations involved in waste management initiatives, and participating in public
awareness campaigns related to proper waste management. The private sector is expected
to adopt and promote environmentally friendly and sustainable business practices, such as
reducing single-use plastics and adopting eco-friendly packaging. Financial and technical
support can be provided to LGUs and community-based organizations involved in waste
management initiatives, facilitating the implementation of effective waste management
programs at the local level.

J. What are the incentives provided under Republic Act No. 9003?
Incentives: RA 9003 provides incentives to businesses engaged in the collection, recycling,
and processing of solid waste. This section will explore the tax incentives and the
establishment of eco-industrial zones to promote environmentally sound practices. Rewards
shall be given to individuals, organizations, including NGOs, for outstanding projects in re-
use, recycling, and reduction. Funds will be sourced from the created Fund. An incentive
scheme is provided to encourage LGUs, enterprises, private entities, and NGOs to develop
or participate in effective solid waste management programs as stated in this Act. Fiscal
incentives are included. Under the Omnibus Investments Code, tax incentives are granted
for the tax and duty exemption on imported capital equipment and vehicles. Within 10 years
of this Act's enactment, LGUs, enterprises, or private entities will have tax and duty-free
importation of machinery, equipment, vehicles, and spare parts used for solid waste
management. However, certain conditions must be met, such as the absence of sufficient
domestic production, the direct and exclusive use of the imported items for waste
management, and approval from the Board of Investment (BOI) of the DTI. The sale,
transfer, or disposal of the mentioned machinery, equipment, vehicle, and spare parts within
5 years of acquisition without prior approval from the BOI is prohibited. If done so, the LGU,
enterprises, private entities, and the buyer will be jointly liable to pay double the amount of
tax and duty exemption given. Additionally, a tax credit equivalent to 50% of the waived
national internal revenue taxes and customs duties can be given to enterprises, private
entities, and NGOs within 10 years, subject to the same conditions and prohibitions
mentioned before. Tax and Duty Exemption: Legacies, gifts, and donations to LGUs,
enterprises, and private entities, including NGOs, for effective solid waste management, are
exempt from all internal revenue taxes and customs duties. They can also be deducted from
the donor's gross income for income tax purposes. Non-Fiscal Incentives: LGUs,
enterprises, and private entities availing of tax incentives under this Act are entitled to
applicable non-fiscal incentives under E. O. 226, AKA the Omnibus Investments Code. The
Commission will offer incentives to registered businesses that recycle wastes, including
simplified import/export procedures for equipment, materials, and products. Financial
institutions such as DBP, LBP, GSIS, and other government institutions must prioritize
providing financial services for individuals and entities involved in waste management. LGUs
with approved waste management plans or commendable programs may receive grants to
improve their technical capacities for sustainable waste management. Local government
units hosting waste management facilities receive incentives.
Reference:
https://www.officialgazette.gov.ph/2001/01/26/republic-act-no-9003-s-2001/