RA 9003 Ecological Solid Waste Management Act of 2000

REPUBLIC ACT 9003 h) Encourage cooperation and

Ecological Solid Waste Management self-regulation among waste
generators through the
Act of 2000 application of market-based
instruments;
i) Institutionalize public
REPORTERS: participation in the development
CARIAGA, Clive Hendelson F. and implementation of national
VALUIS, Vanessa Grace Y. and local integrated,
comprehensive, and ecological
waste management programs;
BASIC POLICIES and
j) Strengthen the integration of
Declaration of Policies ecological solid waste
- It is has been declared that it is the management and resource
policy of the State to adopt a systematic, conservation and recovery
comprehensive and ecological solid topics into the academic
waste management program which curricula of formal and non-
shall: formal education.

a) Ensure the protection of the

public health and environment; DEFINITION OF TERMS
b) Utilize environmentally-sound (a) Agricultural waste shall refer to waste
methods in the utilization of generated from planting or harvesting of crops,
valuable resources and trimming or pruning of plants and wastes or run-
encourage resource off materials from farms or fields;
conservation and recovery;
c) Set guidelines and targets for (b) Collection shall refer to the act of removing
solid waste avoidance and solid waste from the source or from a communal
volume reduction through storage point;
source reduction and waste
minimization measures; (c) Composting shall refer to the controlled
d) Ensure the proper segregation, decomposition of organic matter by micro-
collection, transport, storage, organisms, mainly bacteria and fungi, into a
treatment and disposal of solid humus-like product;
waste through the formulation
and adoption of the best (d) Controlled dump shall refer to a disposal
environmental practice in site at which solid waste is deposited in
ecological waste management; accordance with the minimum prescribed
e) Promote national research and standards of site operation;
development programs for
improved solid waste (e) Disposal shall refer to the discharge,
management and resource deposit, dumping, spilling, leaking or placing of
conservation techniques; any solid waste into or in an land;
f) Encourage greater private
sector participation in solid (f) Disposal site shall refer to a site where solid
waste management; waste is finally discharged and deposited;
g) Retain primary enforcement and
responsibility of solid waste (g) Materials recovery facility includes a solid
management with local waste transfer station or sorting station, drop-off
government units while center, a composting facility, and a recycling
establishing a cooperative effort facility;
among the national government,
other local government units, (h) Open dump shall refer to a disposal area
non-government organizations, wherein the solid wastes are indiscriminately
and the private sector; thrown or disposed of without due planning and

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RA 9003 Ecological Solid Waste Management Act of 2000

consideration for environmental and Health solid waste in order to promote recycling and re-
standards; use of resources and to reduce the volume of
waste for collection and disposal;
(i) Recyclable material shall refer to any waste
material retrieved from the waste stream and (q) Solid waste shall refer to all discarded
free from contamination that can still be household, commercial waste, non-hazardous
converted into suitable beneficial use or for other institutional and industrial waste, street
purposes (newspaper, ferrous scrap metal, non- sweepings, construction debris, agricultural
ferrous scrap metal, used oil, corrugated waste, and other non-hazardous/non-toxic solid
cardboard, aluminum, glass, office paper, tin waste.
cans);
Unless specifically noted otherwise, the term
(j) Recycled material shall refer to post- "solid waste" shall not include:
consumer material that has been recycled and (1) Waste identified or listed as
returned to the economy; hazardous waste of a solid, liquid,
contained gaseous or semisolid form;
(k) Recycling shall refer to the treating of used (2) Infectious waste from hospitals such
or waste materials through a process of making as equipment, instruments, utensils, and
them suitable for beneficial use and for other fomites of a disposable nature from
purposes, and includes any process by which patients; and
solid waste materials are transformed into new (3) Waste resulting from mining
products in such a manner that the original activities, including contaminated soil
product may lose their identity, and which and debris.
maybe used as raw materials for the production
of other goods or services; (r) Special wastes shall refer to household
hazardous wastes (paints, thinners, household
(l) Resources recovery shall refer to the batteries, lead-acid batteries, spray canisters).
collection, extraction or recovery of recyclable
materials from the waste stream for the purpose
of recycling, generating energy or producing a INSTITUTIONAL MECHANISM
product suitable for beneficial use: Provided,
That such resource recovery facilities exclude National Solid Waste Management
incineration; Commission
- The Commission shall be composed of
(m) Re-use shall refer to the process of fourteen (14) members from the
recovering materials intended for the same or government sector and three (3)
different purpose without the alteration of members from the private sector. The
physical and chemical characteristics; government sector shall be represented
by the heads of agencies in their ex
(n) Sanitary landfill shall refer to a waste officio capacity. And the private sector
disposal site designed, constructed, operated shall be represented by a representative
and maintained in a manner that exerts from nongovernment organizations,
engineering control over significant potential recycling industry and manufacturing or
environment impacts arising from the packaging industry.
development and operation of the facility;
Role of LGUs in Solid Waste Management
(o) Segregation shall refer to a solid waste - Pursuant to the relevant provisions of
management practice of separating different the Local government code, the LGUs
materials found in solid waste in order to shall be primarily responsible for the
promote recycling and re-use of resources and implementation and enforcement of the
to reduce the volume of waste for collection and provisions of this Act within their
disposal; respective jurisdictions.
- Segregation and collection of solid
(p) Segregation at source shall refer to a solid waste shall be conducted at the
waste management practice of separating, at barangay level specifically for
the point of origin, different materials found in biodegradable, compostable and

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RA 9003 Ecological Solid Waste Management Act of 2000

reusable wastes: Provided, That the collection of solid waste shall be

collection of non-recyclable materials equipped with personal
and special wastes shall be the protective equipment to protect
responsibility of the municipality or city. them from the hazards of
handling wastes;
b) Necessary training shall be
COMPREHENSIVE SOLID WASTE given to the collectors and
MANAGEMENT personnel to ensure that the
solid wastes are handled
Segregation of Wastes properly and in accordance with
the guidelines pursuant to this
Mandatory Segregation of Solid Wastes Act; and
- The LGUs shall evaluate alternative c) Collection of solid waste shall
roles for the public and private sectors in be done in a manner which
providing collection services, type of prevents damage to the
collection system, or combination of container and spillage or
systems, that best meet their scattering of solid waste within
needs: Provided, That segregation of the collection vicinity.
wastes shall primarily be conducted at
the source, to include household, Requirements for the Transport of Solid
institutional, industrial, commercial and Waste
agricultural sources: Provided, further; - The use of separate collection
That wastes shall be segregated into the schedules and/or separate trucks or
categories provided in Sec. 22 of this haulers shall be required for specific
Act. types of wastes. Otherwise, vehicles
used for the collection and transport of
Requirements for the Segregation and solid wastes shall have the appropriate
Storage of Solid Waste compartments to facilitate efficient
- The following shall be the minimum storing of sorted wastes while in transit.
standards and requirements for - Vehicles shall be designed to consider
segregation and storage of solid waste road size, condition and capacity to
pending collection: ensure the sage and efficient collection
a) There shall be a separate and transport of solid wastes.
container for each type of waste - The waste compartment shall have a
from all sources: Provided, That cover to ensure the containment of solid
in the case of bulky waste, it will wastes while in transit.
suffice that the same be
collected and placed in a Guidelines for Transfer Stations
separate designated area; and - Transfer stations shall be designed and
b) The solid waste container operated for efficient waste handling
depending on its use shall be capacity and in compliance with
properly marked or identified for environmental standards and guidelines
on-site collection as set pursuant to this Act and other
"compostable", "non- regulations: Provided, That no waste
recyclable", "recyclable" or shall be stored in such station beyond
"special waste” or any other twenty-four (24) hours.
classification. - The siting of the transfer station shall
consider the land use plan, proximity to
Collection and Transport of Solid Wastes collection area, and accessibility of haul
routes to disposal facility. The design
Requirements for Collection of Solid Wastes shall give primary consideration to size
- The following shall be the minimum and space sufficiency in order to
standards and requirements for the accommodate the waste for storage and
collection of solid waste: vehicles for loading and unloading of
a) All collectors and other wastes.
personnel directly dealing with

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RA 9003 Ecological Solid Waste Management Act of 2000

solid waste by any person, including LGUs,

RECYCLING PROGRAM which constitutes the use of open dumps
for solid wastes.
Reclamation Programs and Buy-back - Every LGU shall convert its open dumps
Centers for Recyclables and Toxics into controlled dumps, in accordance with
- The National Ecology Center shall assist the guidelines set in Sec. 41 of this Act.
LGUs in establishing and implementing
deposit or reclamation programs in Guidelines for Controlled Dumps
coordination with manufacturers, recyclers The following shall be the minimum
and generators to provide separate considerations for the establishments of
collection systems or convenient drop-off controlled dumps:
locations for recyclable materials and (a) Regular inert cover;
particularly for separated toxic components (b) Surface water and peripheral site
of the waste stream like dry cell batteries drainage control;
and tires to ensure that they are not (c) Provision for aerobic and anaerobic
incinerated or disposed of in a landfill. decomposition;
- Toxic materials present in the waste stream (d) Restriction of waste deposition to
should be separated at source, collected small working areas;
separately and further screened and sent to (e) Fence, including provisions for litter
appropriate hazardous waste treatment and control;
disposal plants, consistent with the (f) Basic record-keeping;
provisions of R.A. No. 6969. (g) Provision of maintained access road;
(h) Controlled waste picking and trading;
Prohibition on the Use of Non- (i) Post-closure site cover and
Environmentally Acceptable Packaging vegetation; and
- No person owning, operating or conducting (j) Hydro geological siting.
a commercial establishment in the country
shall sell or convey at retail or possess with Criteria for Siting a Sanitary Landfill
the intent to sell or convey at retail any The following shall be the minimum criteria for
products that are placed, wrapped or the siting of sanitary landfills:
packaged in or on packaging which is not (a) The site selected must be consistent
environmentally acceptable packaging. with the overall land use plan of the
o The National Solid Waste LGU;
Management Commission shall (b) The site must be accessible from
determine a phaseout period after major roadways or thoroughfares;
proper consultation and hearing (c) The site should have an adequate
with the stakeholders or with the quantity of earth cover material that is
sectors concerned. easily handled and compacted;
- The presence in the commercial (d) The site must be chosen with regard
establishment of non-environmentally for the sensitivities of the community's
acceptable packaging shall constitute a residents;
rebuttable presumption of intent to sell or (e) The site must be located in an area
convey the same at retail to customers. where the landfill's operation will not
- A violation of this prohibition shall be detrimentally affect environmentally
sufficient grounds for the revocation, sensitive resources such as aquifer,
suspension, denial or non-renewal of any groundwater reservoir or watershed
license for the establishment in which the area;
violation occurs. (f) The site should be large enough to
accommodate the community's wastes
for a period of five (5) years during
WASTE MANAGEMENT FACILITIES which people must internalize the value
of environmentally sound and
Prohibition Against the Use of Open Dumps sustainable solid waste disposal;
for Solid Waste (g) The site chosen should facilitate
- No open dumps shall be established and developing a landfill that will satisfy
operated, nor any practice or disposal of budgetary constraints, including site

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development, operation for many years, (g) Post-closure care procedure -

closure, post-closure care and possible During this period, the landfill owner
remediation costs; shall be responsible for providing for the
(h) Operating plans must include general upkeep of the landfill,
provisions for coordinating with recycling maintaining all of the landfill's
and resource recovery projects; and environmental protection features,
(i) Designation of a separate operating monitoring equipment,
containment area for household remediating groundwater should it
hazardous wastes. become contaminated and controlling
landfill gas migration or emission.
Criteria for Establishment of Sanitary Landfill
The following shall be the minimum criteria for
the establishment of sanitary landfills: PENAL PROVISIONS
(a) Liners - a system of clay layers
and/or geosynthethic membranes used Prohibited Acts
to contain leachate and reduce or (1) Littering, throwing, dumping of waste
prevent contaminant flow to matters in public places, such as roads,
groundwater; sidewalks, canals, esteros or parks, and
(b) Leachate collection and treatment establishment, or causing or permitting the
system - installation of pipes at the low same;
areas of the liner to collect leachate for a. Any person who violates (1) shall,
storage and eventual treatment and upon conviction, be punished with:
discharge; i. a fine of not less than
(c) Gas control and recovery system - P300.00 but not more than
a series of vertical wells or horizontal P1,000.00 or render
trenches containing permeable community service for not
materials and perforated piping placed less than 1 day to not more
in the landfill to collect gas for treatment than 15 days to an LGU
or productive use as an energy source; where such prohibited acts
(d) Groundwater monitoring well are committed, or both.
system - wells placed at an appropriate (2) Undertaking activities or operating,
location and depth for taking water that collecting or transporting equipment in
are representative of ground water violation of sanitation operation and other
quality; requirements or permits set forth in
(e) Cover - two (2) forms of cover established pursuant;
consisting of soil and geosynthetic (3) The open burning of solid waste;
materials to protect the waste from long- a. Any person who violates (2-3) shall,
term contact with the environment: upon conviction, be punished with:
(i) a daily cover placed over the i. a fine of not less than
waste at the close of each day's P300.00 but not more than
operations, and; P1,000.00 or imprisonment
(ii) a final cover, or cap, which is of not less than 1 day but to
the material placed over the not more than 15 days, or
completed landfill to control both.
infiltration of water, gas (4) Causing or permitting the collection of non-
emission to the atmosphere, segregated or unsorted wastes;
and erosion. (5) Squatting in open dumps and landfills;
(f) Closure procedure with the (6) Open dumping, burying of biodegradable or
objectives of establishing low non-biodegradable materials in flood prone
maintenance cover systems and final areas;
cover that minimizes the infiltration of (7) Unauthorized removal of recyclable
precipitation into the waste. Installation material intended for collection by
of the final cover must be completed authorized persons;
within six (6) months of the last receipt a. Any person who violates (4-7) shall,
of waste; upon conviction, be punished with:

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i. a fine of not less than conforming with the land use plan of the
P1,000.00 but not more LGU;
than P3,000.00 or (15) The construction of any establishment
imprisonment of not less within two hundred (200) meters from open
than 15days but to not dumps or controlled dumps, or sanitary
more than 6 months, or landfill; and
both. (16) The construction or operation of landfills or
(8) The mixing of source-separated recyclable any waste disposal facility on any aquifer,
material with other solid waste in any groundwater reservoir, or watershed area
vehicle, box, container or receptacle used and or any portions thereof.
in solid waste collection or disposal; a. Any person who violates (14-16)
(9) Establishment or operation of open dumps shall, upon conviction, be punished
as enjoined in this Act, or closure of said with:
dumps in violation of Sec. 37; i. a fine not less than
(10) The manufacture, distribution or use of non- P100,000.00 but not more
environmentally acceptable packaging than P1,000,000.00, or
materials; imprisonment not less than
(11) Importation of consumer products 1 year but not more than 6
packaged in non-environmentally years, or both.
acceptable materials;
a. Any person who violates (8-11) for - If the offense is committed by a corporation,
the first time, upon conviction, shall: partnership, or other juridical identity duly
i. pay a fine of P500,000.00 recognized in accordance with the law, the
plus and amount not less chief executive officer, president, general
than 5%but not more than manager, managing partner or such other
10% of his net annual officer-in-charge shall be liable for the
income during the previous commission of the offense penalized under
year. this Act.
ii. The additional penalty of - If the offender is an alien, he shall, after
imprisonment of a minimum service of the sentence prescribed above,
period of 1 year but not to be deported without further administrative
exceed 3 years at the proceedings.
discretion of the court, shall - The fines herein prescribed shall be
be imposed for second or increased by at least ten (10%) percent
subsequent violations of every three (3) years to compensate for
Sec. 48, pars. (9) and (10). inflation and to maintain the deterrent
(12) Importation of toxic wastes misrepresented functions of such fines.
as "recyclable" or "with recyclable content";
(13) Transport and dumplog in bulk of collected Administrative Sanctions
domestic, industrial, commercial, and - Local government officials and officials of
institutional wastes in areas other than government agencies concerned who fail to
centers or facilities prescribe under this Act; comply with and enforce rules and
a. Any person who violates (12-13) regulations promulgated relative to this Act
shall, upon conviction, be punished shall be charged administratively in
with: accordance with R.A. 7160 and other
i. a fine not less than existing laws, rules and regulations.
P10,000.00 but not more
than P200,000.00 or
imprisonment of not less
than 30 days but not more
than 3 years, or both.
(14) Site preparation, construction, expansion or
operation of waste management facilities
without an Environmental Compliance
Certificate required pursuant to Presidential
Decree No. 1586 and this Act and not