REPUBLIC ACT 9003 January 26, 2001 (e) Promote national research and development programs for

improved solid waste management and resource conservation

AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE techniques, more effective institutional arrangement and indigenous
MANAGEMENT PROGRAM, CREATING THE NECESSARY and improved methods of waste reduction, collection, separation and
INSTITUTIONAL MECHANISMS AND INCENTIVES, DECLARING recovery;
CERTAIN ACTS PROHIBITED AND PROVIDING PENALTIES,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES (f) Encourage greater private sector participation in solid waste
management;
Be it enacted by the Senate and House of Representative of the Philippines
in Congress assembled: (g) Retain primary enforcement and responsibility of solid waste
management with local government units while establishing a
CHAPTER I cooperative effort among the national government, other local
BASIC POLICIES government units, non- government organizations, and the private
sector;
Article 1
General Provisions (h) Encourage cooperation and self-regulation among waste
generators through the application of market-based instruments;
Section 1. Short Title - This Act shall be known as the "Ecological Solid
Waste Management Act of 2000." (i) Institutionalize public participation in the development and
implementation of national and local integrated, comprehensive, and
ecological waste management programs; and
Section 2. Declaration of Policies - It is hereby declared the policy of the
State to adopt a systematic, comprehensive and ecological solid waste
management program which shall: (j) Strength the integration of ecological solid waste management
and resource conservation and recovery topics into the academic
curricula of formal and non-formal education in order to promote
(a) Ensure the protection of the public health and environment;
environmental awareness and action among the citizenry.
(b) Utilize environmentally-sound methods that maximize the
Article 2
utilization of valuable resources and encourage resource
Definition of Terms
conservation and recovery;

Section 3. Definition of Terms - For the purposes of this Act:

(c) Set guidelines and targets for solid waste avoidance and volume
reduction through source reduction and waste minimization
measures, including composting, recycling, re-use, recovery, green (a) Agricultural waste shall refer to waste generated from planting or
charcoal process, and others, before collection, treatment and harvesting of crops, trimming or pruning of plants and wastes or run-
disposal in appropriate and environmentally sound solid waste off materials from farms or fields;
management facilities in accordance with ecologically sustainable
development principles; (b) Bulky wastes shall refer to waste materials which cannot be
appropriately placed in separate containers because of either its
(d) Ensure the proper segregation, collection, transport, storage, bulky size, shape or other physical attributes. These include large
treatment and disposal of solid waste through the formulation and worn-out or broken household, commercial, and industrial items such
adoption of the best environmental practice in ecological waste as furniture, lamps, bookcases, filing cabinets, and other similar
management excluding incineration; items;

(c) Bureau shall refer to the Environmental Management Bureau;

(d) Buy-back center shall refer to a recycling center that purchases of (p) Hazardous waste shall refer to solid waste management or
otherwise accepts recyclable materials from the public for the combination of solid waste which because of its quantity,
purpose of recycling such materials; concentration or physical, chemical or infectious characteristics may:

(e) Collection shall refer to the act of removing solid waste from the (1) cause, or significantly contribute to an increase in
source or from a communal storage point; mortality or an increase in serious irreversible, or
incapacitating reversible, illness; or
(f) Composting shall refer to the controlled decomposition of organic
matter by micro-organisms, mainly bacteria and fungi, into a humus- (2) pose a substantial present or potential hazard to human
like product; health or the environment when improperly treated, stored,
transported, or disposed of, or otherwise managed;
(g) Consumer electronics shall refer to special waste that includes
worn-out, broken, and other discarded items such as radios, stereos, (q) Leachate shall refer to the liquid produced when waste undergo
and TV sets; decomposition, and when water percolate through solid waste
undergoing decomposition. It is contaminated liquid that contains
(h) Controlled dump shall refer to a disposal site at which solid waste dissolved and suspended materials;
is deposited in accordance with the minimum prescribed standards of
site operation; (r) Materials recovery facility - includes a solid waste transfer station
or sorting station, drop-off center, a composting facility, and a
(i) Department shall refer to the Department of Environment and recycling facility;
Natural Resources;
(s) Municipal waste shall refer to wastes produced from activities
(j) Disposal shall refer to the discharge, deposit, dumping, spilling, within local government units which include a combination of
leaking or placing of any solid waste into or in an land; domestic, commercial, institutional and industrial wastes and street
litters;
(k) Disposal site shall refer to a site where solid waste is finally
discharged and deposited; (t) Open dump shall refer to a disposal area wherein the solid wastes
are indiscriminately thrown or disposed of without due planning and
consideration for environmental and Health standards;
(l) Ecological solid waste management shall refer to the systematic
administration of activities which provide for segregation at source,
segregated transportation, storage, transfer, processing, treatment, (u) Opportunity to recycle shall refer to the act of providing a place
and disposal of solid waste and all other waste management for collecting source-separated recyclable material, located either at
activities which do not harm the environment; a disposal site or at another location more convenient to the
population being served, and collection at least once a month of
source-separated recyclable material from collection service
(m) Environmentally acceptable shall refer to the quality of being re-
customers and to providing a public education and promotion
usable, biodegradable or compostable, recyclable and not toxic or
program that gives notice to each person of the opportunity to
hazardous to the environment;
recycle and encourage source separation of recyclable material;
(n) Generation shall refer to the act or process of producing solid
(v) Person(s) shall refer to any being, natural or judicial, susceptible
waste;
of rights and obligations, or of being the subject of legal relations;
(o) Generator shall refer to a person, natural or juridical, who last
(w) Post-consumer material shall refer only to those materials or
uses a material and makes it available for disposal or recycling;
products generated by a business or 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 and (ee) Re-use shall refer to the process of recovering materials
used as a raw material in the manufacturing of recycled product, intended for the same or different purpose without the alteration of
excluding materials and by-products generated from, and by- physical and chemical characteristics;
products generated from, and commonly used within an original
manufacturing process, such as mill scrap; (ff) Sanitary landfill shall refer to a waste disposal site designed,
constructed, operated and maintained in a manner that exerts
(x) Receptacles shall refer to individual containers used for the engineering control over significant potential environment impacts
source separation and the collection of recyclable materials; arising from the development and operation of the facility;

(y) Recovered material shall refer to material and by products that (gg) Schedule of Compliance shall refer to an enforceable sequence
have been recovered or diverted from solid waste for the purpose of of actions or operations to be accomplished within a stipulated time
being collected, processed and used as a raw material in the frame leading to compliance with a limitation, prohibition or standard
manufacture of a recycled product; set forth in this Act or any rule of regulation issued pursuant thereto;

(z) Recyclable material shall refer to any waste material retrieved (hh) Secretary landfill shall refer to the Secretary of the Department
from the waste stream and free from contamination that can still be of Environment and Natural Resources;
converted into suitable beneficial use or for other purposes,
including, but not limited to, newspaper, ferrous scrap metal, non- (ii) Segregation shall refer to a solid waste management practice of
ferrous scrap metal, used oil, corrugated cardboard, aluminum, separating different materials found in solid waste in order to
glass, office paper, tin cans and other materials as may be promote recycling and re-use of resources and to reduce the volume
determined by the Commission; of waste for collection and disposal;

(aa) Recycled material shall refer to post-consumer material that has (jj) Segregation at source shall refer to a solid waste management
been recycled and returned to the economy; practice of separating, at the point of origin, different materials found
in solid waste in order to promote recycling and re-use of resources
(bb) Recycling shall refer to the treating of used or waste materials and to reduce the volume of waste for collection and disposal;
through a process of making them suitable for beneficial use and for
other purposes, and includes any process by which solid waste (kk) Solid waste shall refer to all discarded household, commercial
materials are transformed into new products in such a manner that waste, non-hazardous institutional and industrial waste, street
the original product may lose their identity, and which maybe used as sweepings, construction debris, agricultural waste, and other non-
raw materials for the production of other goods or services: Provided, hazardous/non-toxic solid waste.
That the collection, segregation and re-use of previously used
packaging material shall be deemed recycling under this Act; Unless specifically noted otherwise, the term "solid waste" as used in
this Act shall not include:
(cc) Resource conversation shall refer to the reduction of the amount
of solid waste that are generated or the reduction of overall resource (1) Waste identified or listed as hazardous waste of a solid,
consumption, and utilization of recovered resources; liquid, contained gaseous or semisolid form which may
cause or contribute to an increase in mortality or in serious
(dd) Resources recovery shall refer to the collection, extraction or or incapacitating reversible illness, or acute/chronic effect on
recovery of recyclable materials from the waste stream for the the health of persons and other organisms;
purpose of recycling, generating energy or producing a product
suitable for beneficial use: Provided, That such resource recovery (2) Infectious waste from hospitals such as equipment,
facilities exclude incineration; instruments, utensils, and fomites of a disposable nature
from patients who are suspected to have or have been
diagnosed as having communicable diseases and must
 therefore be isolated as required by public health agencies, (rr) Transfer stations shall refer to those facilities utilized to receive
laboratory wastes such as pathological specimens (i.e. all solid wastes, temporarily store, separate, convert, or otherwise
tissues, specimens of blood elements, excreta, and process the materials in the solid wastes, or to transfer the solid
secretions obtained from patients or laboratory animals) and wastes directly from smaller to larger vehicles for transport. This term
disposable fomites that may harbor or transmit pathogenic does not include any of the following:
organisms, and surgical operating room pathologic materials
from outpatient areas and emergency rooms; and (1) a facility whose principal function is to receive, store,
separate, convert or otherwise process in accordance with
(3) Waste resulting from mining activities, including national minimum standards, manure;
contaminated soil and debris.
(2) a facility, whose principal function is to receive, store,
(ll) Solid waste management shall refer to the discipline associated convert, or otherwise process wastes which have already
with the control of generation, storage, collection, transfer and been separated for re-use and are intended for disposals,
transport, processing, and disposal of solid wastes in a manner that and
is in accord with the best principles of public health, economics,
engineering, conservation, aesthetics, and other environmental (3) the operations premises of a duly licensed solid waste
considerations, and that is also responsive to public attitudes; handling operator who is receives, stores, transfers, or
otherwise processes wastes as an activity incidental to the
(mm) Solid waste management facility shall refer to any resource conduct of a refuse collection and disposal business.
recovery system or component thereof; any system, program, or
facility for resource conservation; any facility for the collection, (ss) Waste diversion shall refer to activities which reduce or eliminate
source separation, storage, transportation, transfer, processing, the amount of solid waste from waste disposal facilities;
treatment, or disposal of solid waste;
(tt) White goods shall refer to large worn-out or broken household,
(nn) Source reduction shall refer to the reduction of solid waste commercial, and industrial appliances such as stoves, refrigerators,
before it enters the solid waste stream by methods such as product dishwashers, and clothes washers and dryers collected separately.
design, materials substitution, materials re-use and packaging White goods ate usually dismantled for the recovery of specific
restrictions; materials (e.g., copper, aluminum, etc.);

(oo) Source separation shall refer to the sorting of solid waste into (uu) Yard waste shall refer to wood, small or chipped branches,
some or all of its component parts at the point of generation; leaves, grass clippings, garden debris, vegetable residue that is
recognized as part of a plant or vegetable and other materials
(pp) Special wastes shall refer to household hazardous wastes such identified by the Commission.
as paints, thinners, household batteries, lead-acid batteries, spray
canisters and the like. These include wastes from residential and CHAPTER II
commercial sources that comprise of bulky wastes, consumer INSTITUTIONAL MECHANISM
electronics, white goods, yard wastes that are collected separately,
batteries, oil, and tires. These wastes are usually handled separately Section 4. National Solid Waste Management Commission - There is hereby
from other residential and commercial wastes; established a National Solid Waste Management Commission, hereinafter
referred to as the Commission, under the Office of the President. The
(qq) Storage shall refer to the interim containment of solid wastes Commissioner shall be composed of fourteen (14) members from the
after generation and prior to collection for ultimate recovery or government sector and three members from the private sector. The
disposal; government sector shall be represented by the heads of the following
agencies in their ex officio capacity:
 (1) Department of Environment and Natural Resources (DENR); Provided, That representatives from the NGOs, recycling and manufacturing
or packaging industries shall be nominated through a process designed by
(2) Department of the Interior and Local Government (DILG); themselves and shall be appointed by the President for a term of three (3)
years.
(3) Department of Science and Technology (DOST);
Provided, further, That the Secretaries of the member agencies of the
Commission shall formulate action plans for their respective agencies to
(4) Department of Public Works and Highways (DPWH);
complement the National Solid Waste Management Framework.
(5) Department of Health (DOH);
The Department Secretary and a private sector representative of the
Commission shall serve as chairman and vice chairman, respectively. The
(6) Department of Trade and Industry (DTI); private sector representatives of the Commission shall be appointed on the
basis of their integrity, high decree of professionalism and having
(7) Department of Agriculture (DA); distinguished themselves in environmental and resource management. The
members of the Commission shall serve and continue to hold office until their
(8) Metro Manila Development Authority (MMDA); 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.
(9) League of provincial governors; Finally, the members shall be entitled to reasonable traveling expenses and
honoraria.
(10) League of city mayors;
The Department, through the Environmental Management Bureau, shall
provide secretariat support to the Commission. The Secretariat shall be
(11) League of municipal mayors;
headed by an executive director who shall be nominated by the members of
the Commission and appointed by the chairman.
(12) Association of barangay councils;
Section 5. Powers and Functions of the Commission - The Commission shall
(13) Technical Education and Skills Development Authority (TESDA); oversee the implementation of solid waste management plans and prescribe
and policies to achieve the objectives of this Act. The Commission shall
undertake the following activities.
(14) Philippine Information Agency.
(a) Prepare the national solid waste management framework;
The private sector shall be represented by the following:
(b) Approve local solid waste management plans in accordance with
(a) A representative from nongovernment organizations (NGOs) its rules and regulations;
whose principal purpose is to promote recycling and the protection of
air and water quality; (c) Review and monitor the implementation of local solid waste
management plans;
(b) A representative from the recycling industry; and
(d) Coordinate the operation of local solid waste management boards
(c) A representative from the manufacturing or packaging industry; in the provincial and city/municipal levels;

The Commission may, from time to time, call on any other concerned (e) To the maximum extent feasible, utilizing existing resources,
agencies or sectors as it may deem necessary. assist provincial, city and municipal solid waste management plans;
(f) Develop a model provincial, city and municipal solid waste by the Commission with all concerned industries to ensure a list that
management plan that will establish prototypes of the content and is based on technological and economic viability.
format which provinces, cities and municipalities may use in meeting
the requirements of the National Solid Waste Management (q) Encourage private sector initiatives, community participation and
Framework; investments resource recovery-based livelihood programs for local
communities.
(g) Adopt a program to provide technical and other capability building
assistance and support to local government units in the development (r) Encourage all local government agencies and all local
and implementation of source reduction programs; government units to patronize products manufactured using recycled
and recyclable materials;
(h) Develop and implement a program to assist local government
units in the identification of markets for materials that are diverted (s) Propose and adopt regulations requiring the source separation
from disposal facilities through re-use, recycling, and composting, and post separation collection, segregated collection, processing,
and other environment-friendly methods; marketing and sale of organic and designated recyclable material
generated in each local government unit; and
(i) Develop a mechanism for the imposition of sanctions for the
violations environmental rules and regulations; (t) Study and review of the following:

(j) Manage the Solid Waste Management Fund; (i) Standards, criteria and guidelines for promulgation and
implementation of an integrated national solid waste
(k) Develop and prescribe procedures for the issuance of appropriate management framework; and
permits and clearances.
(ii) Criteria and guidelines for siting, design, operation and
(l) Review the incentives scheme for effective solid waste maintenance of solid waste management facilities.
management, for purpose of ensuring relevance and efficiency in
achieving the objectives of this Act; Section 6. Meetings - The Commission shall meet at least once a month.
The presence of at least a majority of the members shall constitute a quorum.
(m) Formulate the necessary education promotion and information The chairman, or in his absence the vice-chairman, shall be the presiding
campaign strategies; officer. In the absence of the heads of the agencies mentioned in Sec. 4 of
this Act, they may designate permanent representatives to attend the
(n) Establish, after notice and hearing of the parties concerned, meetings.
standards, criteria, guidelines, and formula that are fair, equitable
and reasonable, in establishing tipping charges and rates that the Section 7. The National Ecology Center - There shall be established a
proponent will charge in the operation and management of solid National Ecology Center under the Commission which shall provide
waste management facilities and technologies. consulting, information, training, and networking services for the
implementation of the provisions of this Act.
(o) Develop safety nets and alternative livelihood programs for small
recyclers and other sectors that will be affected as a result of the In this regard, it shall perform the following functions:
construction and/or operation of solid waste management recycling
plant or facility. (a) Facilitate training and education in integrated ecological solid
waste management;
(p) Formulate and update a list of non-environmentally acceptable
materials in accordance with the provisions of this Act. For this
purpose, it shall be necessary that proper consultation be conducted
 (b) Establish and manage a solid waste management information (e) Provide technical and other capability building assistance and
data base, in coordination with the DTI and other concerned support to the LGUs in the development and implementation of local
agencies: solid waste management plans and programs;

(1) on solid waste generation and management techniques (f) Recommend policies to eliminate barriers to waste reduction
as well as the management, technical and operational programs;
approaches to resource recovery; and
(g) Exercise visitorial and enforcement powers to ensure strict
(2) of processors/recyclers, the list of materials being compliance with this Act;
recycled or bought by them and their respective prices;
(h) Perform such other powers and functions necessary to achieve
(c) Promote the development of a recycling market through the the objectives of this Act; and
establishment of a national recycling network that will enhance the
opportunity to recycle; (i) Issue rules and regulations to effectively implement the provisions
of this Act.
(d) Provide or facilitate expert assistance in pilot modeling of solid
waste management facilities; and Section 9. Visitorial Powers of the Department. - The Department or its duly
authorized representative shall have access to, and the right to copy
(e) Develop, test, and disseminate model waste minimization and therefrom, the records required to be maintained pursuant to the provisions
reduction auditing procedures for evaluating options. of this Act. The Secretary or the duly authorized representative shall likewise
have the right to enter the premises of any generator, recycler or
The National Ecology Center shall be headed by the director of the Bureau in manufacturer, or other facilities any time to question any employee or
his ex officio capacity. It shall maintain a multi-sectoral, multi-disciplinary pool investigate any fact, condition or matter which may be necessary to
of experts including those from the academe, inventors, practicing determine any violation, or which may aid in the effective enforcement of this
professionals, business and industry, youth , women and other concerned Act and its implementing rules and regulations. This Section shall not apply
sectors, who shall be screened according to qualifications set by the to private dwelling places unless the visitorial power is otherwise judicially
Commission. authorized.

Section 8. Role of the Department. - For the furtherance of the objectives of Section 10. Role of LGUs in Solid Waste Management - Pursuant to the
this Act, the Department shall have the following functions: relevant provisions of R.A. No. 7160, otherwise known as the Local
government code, the LGUs shall be primarily responsible for the
implementation and enforcement of the provisions of this Act within their
(a) Chair the Commission created pursuant to this Act;
respective jurisdictions.
(b) Prepare an annual National Solid Waste Management Status
Segregation and collection of solid waste shall be conducted at the barangay
Report;
level specifically for biodegradable, compostable and reusable
wastes: Provided, That the collection of non-recyclable materials and special
(c) Prepare and distribute information, education and communication wastes shall be the responsibility of the municipality or city.
materials on solid waste management;
Section 11. Provincial Solid Waste Management Board - A Provincial Solid
(d) Establish methods and other parameters for the measurement of Waste Management board shall be established in every province, to be
waste reduction, collection and disposal; chaired by the governor. Its members shall include:

(a) All the mayors of its component cities and municipalities;

 (b) One (1) representative from the Sangguniang Panlalawigan to be (iii) a representative from the recycling industry; and
represented by the chairperson of either the Committees on
Environment or Health or their equivalent committees, to be (iv) a representative from the manufacturing or packaging industry.
nominated by the presiding officer;
The Board may, from time to time, call on any other concerned agencies or
(c) The provincial health and/or general services officers, whichever sectors as it may deem necessary.
may be recommended by the governor;
Provided, That representatives from the NGOs, recycling and manufacturing
(d) The provincial environment and natural resources officer; or packaging industries shall be selected through a process designed by
themselves and shall be endorsed by the government agency
(e) The provincial engineer; representatives of the Board.

(f) Congressional representatives from each congressional district The Provincial Solid Waste Management Board shall have the following
within the province; functions and responsibilities:

(g) A representative from the NGO sector whose principal purpose is (1) Develop a provincial solid waste management plan from the
to promote recycling and the protection of air and water quality; submitted solid waste management plans of the respective city and
municipal solid waste management boards herein created. It shall
(h) A representative from the recycling industry; review 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 components. The Provincial Solid
(i) A representative from the manufacturing or packaging industry;
Waste Management Plan shall be submitted to the Commission for
and
approval.
(j) A representative of each concerned government agency
The Provincial Plans shall reflect the general program of action and
possessing relevant technical and marketing expertise as may be
initiatives of the provincial government and implementing a solid
determined by the board.
waste management program that would support the various
initiatives of its component cities and municipalities.
The Provincial Solid Waste Management Board may, from time to time, call
on any other concerned agencies or sectors as it may deem necessary.
(2) Provide the necessary logistical and operational support to its
component cities and municipalities in consonance with subsection
Provided, That representatives from the NGOs, recycling and manufacturing (f) of Sec.17 of the Local Government Code;
or packaging industries shall be selected through a process designed by
themselves and shall be endorsed by the government agency of
(3) Recommend measures and safeguards against pollution and for
representatives of the Board: Provided, further, that in the Province of
the preservation of the natural ecosystem;
Palawan, the Board shall be chaired by the chairman of the Palawan Council
for Sustainable Development, pursuant to Republic Act No. 7611.
(4) Recommend measures to generate resources, funding and
implementation of project and activities as specified in the duly
In the case of Metro Manila, the Board shall be chaired by the chairperson of
approved solid waste management plans;
the MMDA and its members shall include:

(5) Identify areas within its jurisdiction which have common solid
(i) all mayors of its component cities and municipalities;
waste management problems and are appropriate units are planning
local solid waste management services in accordance with Section
(ii) a representative from the NGO sector whose principal purpose is 41 hereof;
to promote recycling and the protection of air and water quality;
 (6) Coordinate the efforts of the component cities and municipalities b) President of the Association of Barangay Councils in the
in the implementation of the Provincial Solid Waste Management municipality or city;
Plan;
c) Chairperson of the Sangguniang Kabataan Federation;
(7) Develop an appropriate incentive scheme as an integral
component of the Provincial Solid Waste Management Plan; d) A representative from NGOs whose principal purpose is to
promote recycling and the protection of air and water quality;
(8) Convene joint meetings of the provincial, city and municipal solid
waste management boards at least every quarter for purposes of e) A representative from the recycling industry;
integrating, synchronizing, monitoring and evaluating the
development and implementation of its provincial solid waste f) A representative from the manufacturing or packaging industry;
management plan; and

(9) Represent any of its component city or municipality in g) A representative of each concerned government agency
coordinating its resource and operational requirements with agencies possessing relevant technical and marketing expertise as may be
of the national government; determined by the Board.

(10) Oversee the implementation of the Provincial Solid Waste The City or Municipal Solid Waste Management Board may, from time to
Management Plant; time, call on any concerned agencies or sectors as it may deem necessary.

(11) Review every two (2) years or as the need arises the Provincial Provided, That representatives from NGOs, recycling and manufacturing or
Solid Waste Management Plan for purposes of ensuring its packaging industries shall be selected through a process designed by
sustainability, viability, effectiveness and relevance in relation to local themselves and shall be endorsed by the government agency
and international development in the field of solid waste representatives of the Board.
management; and
The City and Municipal Solid Waste Management Boards shall have the
(12) Allow for the clustering of LGUs for the solution of common solid following duties and responsibilities:
waste management problems.
(1) Develop the City or Municipal Solid Waste Management Plan that
Section 12. City and Municipal Solid Waste Management Board - Each city shall ensure the long-term management of solid waste, as well as
or municipality shall form a City or Municipal Waste Management Board that integrate the various solid waste management plans and strategies
shall prepare, submit and implement a plan for the safe and sanitary of the barangays in its area of jurisdiction. In the development of the
management of solid waste generated in areas under in geographic and Solid Waste Management Plan, it shall conduct consultations with
political coverage. the various sectors of the community;

The City or Municipal Solid Waste Management Board shall be composed of (2) Adopt measures to promote and ensure the viability and effective
the city or municipal mayor as head with the following as members: implementation of solid waste management programs in its
component barangays;
a) One (1) representative of Sangguniang Panlungsod or the
Sangguniang Bayan, preferably chairpersons of either the (3) Monitor the implementation of the City or Municipal Solid Waste
Committees on Environment or Health, who will be designated by the Management Plan through its various political subdivisions and in
presiding officer; cooperation with the private sector and the NGOs;
 (4) Adopt specific revenue-generating measures to promote the CHAPTER III
viability of its Solid Waste Management Plan; COMPREHENSIVE SOLID WASTE MANAGEMENT

(5) Convene regular meetings for purposes of planning and Article 1

coordinating the implementation of the solid waste management General Provisions
plans of the respective component barangays;
Section 14. National Solid Waste Management Status Report - The
(6) Oversee the implementation of the City or Municipal Solid Waste Department, in coordination with the DOH and other concerned agencies,
Management Plan; shall within six (6) months after the effectivity of this Act, prepare a National
Solid Waste Management Status Report which shall be used as a basis in
(7) Review every two (2) years or as the need arises the City or formulating the National Solid Waste Management Framework provided in
Municipal Solid Waste Management Plan for purposes of ensuring its Sec. 15 of this Act. The concerned agencies shall submit to the Department
sustainability, viability, effectiveness and relevance in relation to local relevant data necessary for the completion of the said report within three (3)
and international developments in the field of solid waste months following the effectivity of this Act. The said report shall include, but
management; shall not be limited to, the following:

(8) Develop the specific mechanics and guidelines for the (a) Inventory of existing solid waste facilities;
implementation of the City or Municipal Solid Waste Management
Plan; (b) General waste characterization, taking into account the type,
quantity of waste generated and estimation of volume and type of
(9) Recommended to appropriate local government authorities waste for reduction and recycling;
specific measures or proposals for franchise or build-operate-transfer
agreements with duly recognized institutions, pursuant to R.A.6957, (c) Projection of waste generation;
to provide either exclusive or non-exclusive authority for the
collection, transfer, storage, processing, recycling or disposal of (d) The varying regional geologic, hydrologic, climatic, and other
municipal solid waste. The proposals shall take into consideration factors vital in the implementation of solid waste practices to ensure
appropriate government rules and regulations on contracts, franchise the reasonable protection of:
and build-operate-transfer agreements;
(1) the quality of surface and groundwater from leachate
(10) Provide the necessary logistical and operational support to its contamination;
component cities and municipalities in consonance with subsection
(f) of Sec. 17 of the Local Government Code; (2) the quality of surface waters from surface run-off
contamination; and
(11) Recommended measures and safeguards against pollution and
for the preservation of the natural ecosystem; and (3) ambient air quality.

(12) Coordinates the efforts of its components barangays in the (e) Population density, distribution and projected growth;
implementation of the city or municipal Solid Waste Management
Plan.
(f) The political, economic, organizational, financial and management
problems affecting comprehensive solid waste management;
Section13. Establishment of Multi-Purpose Environment Cooperatives or
Association in Every LGU - Multi-purpose cooperatives and associations that
shall undertake activities to promote the implementation and/ or directly (g) Systems and techniques of waste reduction, re-use and recycling;
undertake projects in compliance with the provisions of this Act shall be
encouraged and promoted in every LGU. (h) Available markets for recyclable materials;
 (i) Estimated cost of collecting, storing, transporting, marketing and segregation at source, recycling, resource recovery, including waste-
disposal of wastes and recyclable materials; and to-energy generation, re-use and composting;

(j) Pertinent qualitative and quantitative information concerning the (i) A technical and economic description of the level of performance
extent of solid waste management problems and solid waste that can be attained by various available solid waste management
management activities undertaken by local government units and the practices which provide for the protection of public health and the
waste generators. environment;

Provided, That the Department, in consultation with concerned agencies, (j) Appropriate solid waste facilities and conservation systems;
shall review, update and publish a National Solid Waste Management Status
Report every two (2) years or as the need arises. (k) Recycling programs for the recyclable materials, such as but not
limited to glass, paper, plastic and metal;
Section 15. National Solid Waste Management Framework - Within six (6)
months from the completion of the national solid waste management status (l) Venues for public participation from all sectors at all
report under Sec. 14 of this Act, the Commission created under Sec. 4 of this phases/stages of the waste management program/project;
Act shall, with public participation, formulate and implement a National Solid
Waste Management Framework. Such framework shall consider and include: (m) Information and education campaign strategies;

(a) Analysis and evaluation of the current state, trends, projections of (n) A description of levels of performance and appropriate methods
solid waste management on the national, provincial and municipal and degrees of control that provide, at the minimum, for protection of
levels; public health and welfare through:

(b) Identification of critical solid waste facilities and local government (1) Protection of the quality of groundwater and surface
units which will need closer monitoring and/or regulation; waters from leachate and run-off contamination;

(c) Characteristics and conditions of collection, storage, processing, (2) Disease and epidemic prevention and control;
disposal, operating methods, techniques and practices, location of
facilities where such operating methods, techniques and practices
are conducted, taking into account the nature of the waste; (3) Prevention and control of offensive odor; and

(d) Waste diversion goal pursuant to Sec. 20 of this Act; (4) Safety and aesthetics.

(e) Schedule for the closure and/or upgrading of open and controlled (o) Minimum criteria to be used by the local government units to
dumps pursuant to Sec. 37 of this Act; define ecological solid waste management practices. As much as
practicable, such guidelines shall also include minimum information
for use in deciding the adequate location, design and construction of
(f) Methods of closing or upgrading open dumps for purposes of facilities associated with solid waste management practices,
eliminating potential health hazards; including the consideration of regional, geographic, demographic and
climatic factors; and
(g) The profile of sources, including industrial, commercial, domestic,
and other sources; (p) The method and procedure for the phaseout and the eventual
closure within eighteen (18) months from the effectivity of this Act in
(h) Practical applications of environmentally sound techniques of case of existing open dumps and/or sanitary landfills located within
water minimization such as, but not limited to, resource conservation, an aquifer, groundwater reservoir or watershed area.
Section 16. Local Government Solid Waste Management Plans - The solid waste facilities. The illustration shall indicate as well,
province, city or municipality, through its local solid waste management the proposed sites for disposal and other solid waste
boards, shall prepare its respective 10-year solid waste management plans facilities;
consistent with the national solid waste management framework: Provided,
That the waste management plan shall be for the re-use, recycling and (3) Estimated solid waste generation and projection by
composting of wastes generated in their respective source, such as residential, market, commercial, industrial,
jurisdictions: Provided, further, That the solid waste management plan of the construction/ demolition, street waste,agricultural, agro-
LGU shall ensure the efficient management of solid waste generated within industrial, institutional, other waste; and
its jurisdiction. The plan shall place primary emphasis on implementation of
all feasible re-use, recycling, and composting programs while identifying the (4) Inventory of existing waste disposal and other solid waste
amount of landfill and transformation capacity that will be needed for solid facilities and capacities.
waste which cannot be re-used, recycled, or composted. The plan shall
contain all the components provided in Sec. 17 of this Act and a timetable for
the implementation of the solid waste management program in accordance (b) Waste characterization - For the initial source reduction and
with the National Framework and pursuant to the provisions of this recycling element of a local waste management plan, the LGU waste
Act: Provided, finally, That it shall be reviewed and updated every year by the characterization component shall identify the constituent materials
provincial, city or municipal solid waste management board. which comprise the solid waste generated within the jurisdiction of
the LGU. The information shall be representative of the solid waste
generated and disposed of within the area. The constituent materials
For LGUs which have considered solid waste management alternatives to shall be identified by volume, percentage in weight or its volumetric
comply with Sec. 37 of this Act, but are unable to utilize such alternatives, a equivalent, material type, and source of generation which includes
timetable or schedule of compliance specifying the remedial measure and residential, commercial, industrial, governmental, or other materials.
eventual compliance shall be included in the plan. Future revisions of waste characterization studies shall identify the
constituent materials which comprise the solid waste disposed of at
All local government solid waste management plans shall be subjected to the permitted disposal facilities.
approval of the Commission. The plan shall be consistent with the national
framework and in accordance with the provisions of this Act and of the (c) Collection and Transfer - The plan shall take into account the
policies set by the Commission; Provided, That in the province of Palawan, geographic subdivisions to define the coverage of the solid waste
the local government solid waste management plan shall be approved by the collection area in every barangay. The barangay shall be responsible
Palawan Council for Sustainable Development, pursuant to R.A. No. 7611. for ensuring that a 100% collection efficiency from residential,
commercial, industrial and agricultural sources, where necessary
Section 17. The Components of the Local Government Solid Waste within its area of coverage, is achieved. Toward this end, the plan
Management Plan - The solid waste management plan shall include, but not shall define and identify the specific strategies and activities to be
limited to, the following components: undertaken by its component barangays, taking into account the
following concerns:
(a) City or Municipal Profile - The plan shall indicate the following
background information on the city or municipality and its component (1) Availability and provision of properly designed containers
barangays, covering important highlights of the distinct geographic or receptacles in selected collection points for the temporary
and other conditions: storage of solid waste while awaiting collection and transfer
to processing sites or to final disposal sites;
(1) Estimated population of each barangay within the city or
municipality and population project for a 10-year period; (2) Segregation of different types of solid waste for re-use,
recycling and composting;
(2) Illustration or map of the city/municipality, indicating
locations of residential, commercial, and industrial centers, (3) Hauling and transfer of solid waste from source or
and agricultural area, as well as dump, landfills and other collection points to processing sites or final disposal sites;
 (4) Issuance and enforcement of ordinances to effectively (6) new facilities and expansion of existing facilities which
implement a collection system in the barangay; and will be needed to implement re-use, recycling and
composting.
(5) Provision of properly trained officers and workers to
handle solid waste disposal. The LGU source reduction component shall include the evaluation
and identification of rate structures and fees for the purpose of
The plan shall define and specify the methods and systems for the reducing the amount of waste generated, an other source reduction
transfer of solid waste from specific collection points to solid waste strategies, including but not limited to, programs and economic
management facilities. incentives provided under Sec. 46 of this Act to reduce the use of
non-recyclable materials, replace disposable materials and products
with reusable materials and products, reduce packaging, and
(d) Processing - The Plan shall define the methods and the facilities
increase the efficiency of the use of paper, cardboard, glass, metal,
required to process the solid waste, including the use of intermediate
and other materials. The waste reduction activities of the community
treatment facilities for composting, recycling, conversion and other
shall also take into account, among others, local capability, economic
waste processing systems. Other appropriate waste processing
viability, technical requirements, social concerns' disposition of
technologies may also be considered provided that such
residual waste and environmental impact: Provided, That, projection
technologies conform with internationally-acceptable and other
of future facilities needed and estimated cost shall be incorporated in
standards set in other standards set in other laws and regulations.
the plan.
(e) Source reduction - The source reduction component shall include
(f) Recycling - The recycling component shall include a program and
a program and implementation schedule which shows the methods
implementation schedule which shows the methods by which the
by which the LGU will, in combination with the recycling and
LGU shall, in combination with source reduction and composting
composting components, reduce a sufficient amount of solid waste
components, reduce a sufficient amount of solid waste disposed of in
disposed of in accordance with the diversion requirements of Sec.
accordance with the diversion requirements set in Sec .20.
20.

The LGU recycling component shall describe the following:

The source reduction component shall describe the following:

(1) The types of materials to be recycled under the

(1) strategies in reducing the volume of solid waste
programs;
generated at source;

(2) The methods for determining the categories of solid

(2) measures for implementing such strategies and the
wastes to be diverted from disposal at a disposal facility
resources necessary to carry out such activities;
through recycling; and
(3) other appropriate waste reduction technologies that may
(3) New facilities and expansion of existing facilities needed
also be considered, provided that such technologies conform
to implement the recycling component.
with the standards set pursuant to this Act;

The LGU recycling component shall described methods for

(4) the types of wastes to be reduced pursuant to Sec. 15 of
developing the markets for recycled materials, including, but not
this Act;
limited to, an evaluation of the feasibility of procurement preferences
for the purchase of recycled products. Each LGU may determine and
(5) the methods that the LGU will use to determine the grant a price preference to encourage the purchase of recycled
categories of solid wastes to be diverted from disposal at a products.
disposal facility through re-use, recycling and composting;
and
The five-year strategy for collecting, processing, marketing and (1) The types of materials which will be composted under the
selling the designated recyclable materials shall take into account programs;
persons engaged in the business of recycling or persons otherwise
providing recycling services before the effectivity of this Act. Such (2) The methods for determining the categories of solid
strategy may be base upon the results of the waste composition wastes to be diverted from disposal at a disposal facility
analysis performed pursuant to this Section or information obtained through composting; and
in the course of past collection of solid waste by the local
government unit, and may include recommendations with respect to (3) New facilities, and expansion of existing facilities needed
increasing the number of materials designated for recycling pursuant to implement the composting component.
to this Act.
The LGU composting component shall describe methods for
The LGU recycling component shall evaluate industrial, commercial, developing the markets for composted materials, including, but not
residential, agricultural, governmental and other curbside, mobile, limited to, an evaluation of the feasibility of procurement preferences
drop-off and buy-back recycling programs, manual and automated for the purchase of composted products. Each LGU may determine
materials recovery facilities, zoning, building code changes and rate and grant a price preference to encourage the purchase of
structures which encourage recycling of materials. The Solid Waste composted products.
Management Plan shall indicate the specific measures to be
undertaken to meet the waste diversion specified under Sec. 20 of
this Act. (h) Solid waste facility capacity and final disposal - The solid waste
facility component shall include, but shall not be limited to, a
projection of the amount of disposal capacity needed to
Recommended revisions to the building ordinances, requiring newly- accommodate the solid waste generated, reduced by the following:
constructed buildings and buildings undergoing specified alterations
to contain storage space, devices or mechanisms that facilitate
source separation and storage of designated recyclable materials to (1) Implementation of source reduction, recycling and
enable the local government unit to efficiently collect, process, composting programs required in this Section or through
market and sell the designated materials. Such recommendations implementation of other waste diversion activities pursuant to
shall include, but shall not be limited to separate chutes to facilitate Sec. 20 of this Act;
source separation in multi-family dwellings, storage areas that
conform to fire and safety code regulations, and specialized storage (2) Any permitted disposal facility which will be available
containers. during the 10-year planning period; and

The Solid Waste Management Plan shall indicate the specific (3) All disposal capacity which has been secured through an
measures to be undertaken to meet the recycling goals pursuant to agreement with another LGU, or through an agreement with
the objectives of this Act. a solid waste enterprise.

(g) Composting - The composting component shall include a The plan shall identify existing and proposed disposal sites and
program and implementation schedule which shows the methods by waste management facilities in the city or municipality or in other
which the LGU shall, in combination with the source reduction and areas. The plan shall specify the strategies for the efficient disposal
recycling components, reduce a sufficient amount of solid waste of waste through existing disposal facilities and the identification of
disposed of within its jurisdiction to comply with the diversion prospective sites for future use. The selection and development of
requirements of Sec. 20 hereof. disposal sites shall be made on the basis of internationally accepted
standards and on the guidelines set in Sec. 41 and 42 of this Act.
The LGU composting component shall describe the following:
Strategies shall be included to improve said existing sites to reduce
adverse impact on health and the environment, and to extent life
span and capacity. The plan shall clearly define projections for future generate the funds for the acquisition of its resource requirements. It
disposal site requirements and the estimated cost for these efforts. shall also indicate if certain resource requirements are being or will
be sourced from fees, grants, donations, local funding and other
Open dump sites shall not be allowed as final disposal sites. If an means. This will serve as basis for the determination and
open dump site is existing within the city or municipality, the plan assessment of incentives which may be extended to the province,
shall make provisions for its closure or eventual phase out within the city or municipality as provided for in Sec. 45 of this Act.
period specified under the framework and pursuant to the provisions
under Sec. 37 of this Act. As an alternative, sanitary landfill sites (l) Privatization of solid waste management projects - The plan shall
shall be developed and operated as a final disposal site for solid and, likewise indicate specific measures to promote the participation of
eventually, residual wastes of a municipality or city or a cluster of the private sector in the management of solid wastes, particularly in
municipality and/or cities. Sanitary landfills shall be designed and the generation and development of the essential technologies for
operated in accordance with the guidelines set under Secs. 40 and solid waste management. Specific projects or component activities of
41 of this Act. the plan which may be offered as private sector investment activity
shall be identified and promoted as such. Appropriate incentives for
(i) Education and public information - The education and public private sector involvement in solid waste management shall likewise
information component shall describe how the LGU will educate and be established and provided for in the plan, in consonance with Sec.
inform its citizens about the source reduction, recycling and 45 hereof and other existing laws, policies and regulations; and
composting programs.
(m) Incentive programs - A program providing for incentives, cash or
The plan shall make provisions to ensure that information on waste otherwise, which shall encourage the participation of concerned
collection services, solid waste management and related health and sectors shall likewise be included in the plan.
environmental concerns are widely disseminated among the public.
This shall be undertaken through the print and broadcast media and Section 18. Owner and Operator - Responsibility for compliance with the
other government agencies in the municipality. The DECS and the standards in this Act shall rest with the owner and/or operator. If specifically
Commission on Higher Education shall ensure that waste designated, the operator is considered to have primary responsibility for
management shall be incorporated in the curriculum of primary, compliance; however, this does not relieve the owner of the duty to take all
secondary and college students. reasonable steps to assure compliance with these standards and any
assigned conditions. When the title to a disposal is transferred to another
(j) Special Waste - The special waste component shall include person, the new owner shall be notified by the previous owner of the
existing waste handling and disposal practices for special wastes or existence of these standards and of the conditions assigned to assure
household hazardous wastes, and the identification of current and compliance.
proposed programs to ensure the proper handling, re-use, and long-
term disposal of special wastes; Section 19. Waste characterization - The Department in coordination with
the LGUs, shall be responsible for the establishment of the guidelines for the
(k) Resource requirement and funding - The funding component accurate characterization of wastes including determination of whether or not
includes identification and description of project costs, revenues, and wastes will be compatible with containment features and other wastes, and
revenue sources the LGU will use to implement all components of whether or not wastes are required to be managed as hazardous wastes
the LGU solid waste management plan; under R.A. 6969, otherwise known as the Toxic Substance and Hazardous
and Nuclear Wastes Control Act.
The plan shall likewise indicate specific projects, activities,
equipment and technological requirements for which outside Section 20. Establishing Mandatory Solid Waste Diversion - Each LGU plan
sourcing of funds or materials may be necessary to carry out the shall include an implementation schedule which shows that within five (5)
specific components of the plan. It shall define the specific uses for years after the effectivity of this Act, the LGU shall divert at least 25% of all
its resource requirement s and indicate its costs. The plan shall solid waste from waste disposal facilities through re-use, recycling and
likewise indicate how the province, city or municipality intends to composting activities and other resource recovery activities; Provided, That
the waste diversion goals shall be increased every three (3) years Article 3
thereafter; Provided, further, That nothing in this Section prohibits a local Collection and Transport of Solid Wastes
government unit from implementing re-use, recycling, and composting
activities designed to exceed the goal. Section 23. Requirements for Collection of Solid Wastes - The following
shall be the minimum standards and requirements for the collection of solid
Article 2 waste:
Segregation of Wastes
(a) All collectors and other personnel directly dealing with collection
Section 21. Mandatory Segregation of Solid Wastes - The LGUs shall of solid waste shall be equipped with personal protective equipment
evaluate alternative roles for the public and private sectors in providing to protect them from the hazards of handling wastes;
collection services, type of collection system, or combination of systems, that
best meet their needs: Provided, That segregation of wastes shall primarily (b) Necessary training shall be given to the collectors and personnel
be conducted at the source, to include household, institutional, industrial, to ensure that the solid wastes are handled properly and in
commercial and agricultural sources: Provided, further; That wastes shall be accordance with the guidelines pursuant to this Act; and
segregated into the categories provided in Sec. 22 of this Act.
(c) Collection of solid waste shall be done in a manner which
For premises containing six (6) or more residential units, the local prevents damage to the container and spillage or scattering of solid
government unit shall promulgate regulations requiring the owner or person waste within the collection vicinity.
in charge of such premises to:
Section 24. Requirements for the Transport of Solid Waste - The use of
(a) provide for the residents a designated area and containers in separate collection schedules and/or separate trucks or haulers shall be
which to accumulate source separated recyclable materials to be required for specific types of wastes. Otherwise, vehicles used for the
collected by the municipality or private center; and collection and transport of solid wastes shall have the appropriate
compartments to facilitate efficient storing of sorted wastes while in transit.
(b) notify the occupants of each buildings of the requirements of this
Act and the regulations promulgated pursuant thereto. Vehicles shall be designed to consider road size, condition and capacity to
ensure the sage and efficient collection and transport of solid wastes.
Section 22. Requirements for the Segregation and Storage of Solid Waste -
The following shall be the minimum standards and requirements for The waste compartment shall have a cover to ensure the containment of
segregation and storage of solid waste pending collection: solid wastes while in transit.

(a) There shall be a separate container for each type of waste from For the purpose of identification, vehicles shall bear the body number, the
all sources: Provided, That in the case of bulky waste, it will suffice name, and the telephone number of the contractor/agency collecting solid
that the same be collected and placed in a separate designated area; waste.
and
Section 25. Guidelines for Transfer Stations - Transfer stations shall be
(b) The solid waste container depending on its use shall be properly designed and operated for efficient waste handling capacity and in
marked or identified for on-site collection as "compostable", "non- compliance with environmental standards and guidelines set pursuant to this
recyclable", "recyclable" or "special waste", or any other classification Act and other regulations: Provided, That no waste shall be stored in such
as may be determined by the Commission. station beyond twenty-four (24) hours.

The siting of the transfer station shall consider the land use plan, 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 for storage and vehicles for loading and unloading (a) Packaging used at hospitals, nursing homes or other medical
of wastes. facilities; and

Article 4 (b) Any packaging which is not environmentally acceptable, but for
Recycling Program which there is no commercially available alternatives as determined
by the Commission.
Section 26. Inventory of Existing Markets for Recyclable Materials - The DTI
shall within six (6) months from the effectivity of this Act and in cooperation The Commission shall annually review and update the list of prohibited non-
with the Department, the DILG and other concerned agencies and sectors, environmentally acceptable products.
publish a study of existing markets for processing and purchasing recyclable
materials and the potential steps necessary to expand these markets. Such Section 30. Prohibition on the Use of Non-Environmentally Acceptable
study shall include, but not be limited to, an inventory of existing markets for Packaging - No person owning, operating or conducting a commercial
recyclable materials, product standards for recyclable and recycled materials, establishment in the country shall sell or convey at retail or possess with the
and a proposal, developed in conjunction with the appropriate agencies, to intent to sell or convey at retail any products that are placed, wrapped or
stimulate the demand for the production of products containing post packaged in or on packaging which is not environmentally acceptable
consumer and recovered materials. packaging: Provided, That the Commission shall determine a phaseout
period after proper consultation and hearing with the stakeholders or with the
Section 27. Requirement for Eco-Labeling - The DTI shall formulate and sectors concerned. The presence in the commercial establishment of non-
implement a coding system for packaging materials and products to facilitate environmentally acceptable packaging shall constitute a rebuttable
waste and recycling and re-use. presumption of intent to sell or convey the same at retail to customers.

Section 28. Reclamation Programs and Buy-back Centers for Recyclables Any person who is a manufacturer, broker or warehouse operator engaging
and Toxics - The National Ecology Center shall assist LGUs in establishing in the distribution or transportation of commercial products within the country
and implementing deposit or reclamation programs in coordination with shall file a report with the concerned local government within one (1) year
manufacturers, recyclers and generators to provide separate collection from the effectivity of this Act, and annually thereafter, a listing of any
systems or convenient drop-off locations for recyclable materials and products in packaging which is not environmentally acceptable. The
particularly for separated toxic components of the waste stream like dry cell Commission shall prescribe the form of such report in its regulations.
batteries and tires to ensure that they are not incinerated or disposed of in a
landfill. Upon effectivity of this Act, toxic materials present in the waste A violation of this Section shall be sufficient grounds for the revocation,
stream should be separated at source, collected separately and further suspension, denial or non-renewal of any license for the establishment in
screened and sent to appropriate hazardous waste treatment and disposal which the violation occurs.
plants, consistent with the provisions of R.A. No. 6969.
Section 31. Recycling Market Development - The Commission together with
Section 29. Non-Environmentally Acceptable Products - Within one (1) year the National Ecology Center, the DTI and the Department of Finance shall
from the effectivity of this Act, the Commission shall, after public notice and establish procedures, standards and strategies to market recyclable
hearing, prepare a list of nonenvironmentally acceptable products as defined materials and develop the local market for recycle goods, including but not
in this Act that shall be prohibited according to a schedule that shall be limited to:
prepared by the Commission: Provided, however, That non-environmentally
acceptable products shall not be prohibited unless the Commission first finds (a) measures providing economic incentives and assistance
that there are alternatives available which are available to consumers at no including loans and grants for the establishment of privately-owned
more than ten percent (10%) greater cost than the disposable product. facilities to manufacture finished products from post-consumer
materials;
Notwithstanding any other provisions to the contrary, this section shall not
apply to: (b) guarantees by the national and local governments to purchase a
percentage of the output of the facility; and
 (c) maintaining a list of prospective buyers, establishing contact with other compostable materials, including but not limited to garden wastes, shall
prospective buyers and reviewing and making any necessary be encouraged.
changes in collecting or processing the materials to improve their
marketability. Section 35. Guidelines for Compost Quality - Compost products intended to
be distributed commercially shall conform with the standards for organic
In order to encourage establishments of new facilities to produce goods from fertilizers set by the DA. The DA shall assist the compost producers to
post-consumer and recovered materials generated within local government ensure that the compost products conform to such standards.
units, and to conserve energy by reducing materials transportation, whenever
appropriate, each local government unit may arranged for long-term Article 6
contracts to purchase a substantial share of the product output of a proposed Waste Management Facilities
facility which will be based in the jurisdiction of the local government unit if
such facility will manufacture such finished products form post-consumer and Section 36. Inventory of Waste Disposal Facilities - Within six (6) months
recovered materials. from the effectivity of this Act, the Department, in cooperation with the DOH,
DILG and other concerned agencies, shall publish an inventory of all solid
Section 32. Establishment of LGU Materials Recovery Facility. - There shall waste disposal facilities or sites in the country.
be established a Materials Recovery Facility (MRF) in every barangay or
cluster of barangays. The facility shall be established in a barangay-owned or Section 37. Prohibition Against the Use of Open Dumps for Solid Waste - No
-leased land or any suitable open space to be determined by the barangay open dumps shall be established and operated, nor any practice or disposal
through its Sanggunian. For this purpose, the barangay or cluster of of solid waste by any person, including LGUs, which constitutes the use of
barangays shall allocate a certain parcel of land for the MRF. The MRF shall open dumps for solid wastes, be allowed after the effectivity of this
receive mixed waste for final sorting, segregation, composting, and recycling. Acts: Provided, That within three (3) years after the effectivity of this Act,
The resulting residual wastes shall be transferred to a long term storage or every LGU shall convert its open dumps into controlled dumps, in
disposal facility or sanitary landfill. accordance with the guidelines set in Sec. 41 of this Act: Provided, further,
That no controlled dumps shall be allowed five (5) years following the
Section 33. Guidelines for Establishment of Materials Recovery Facility - effectivity of this Act.
Materials recovery facilities shall be designed to receive, sort, process and
store compostable and recyclable material efficiently and in an Section 38. Permit for Solid Waste Management Facility Construction and
environmentally sound manner. The facility shall address the following Expansion - No person shall commence operation, including site preparation
considerations: and construction of a new solid waste management facility or the expansion
of an existing facility until said person obtains an Environment Compliance
(a) The building and/or land layout and equipment must be designed Certificate (ECC) from the Department pursuant to P.D. 1586 and other
to accommodate efficient and safe materials processing, movement, permits and clearances form concerned agencies.
and storage; and
Section 39. Guidelines for Controlled Dumps - The following shall be the
(b) The building must be designed to allow efficient and safe external minimum considerations for the establishments of controlled dumps:
access and to accommodate internal flow.
(a) Regular inert cover;
Article 5
Composting (b) Surface water and peripheral site drainage control;

Section 34. Inventory of Markets of Composts - Within six (6) months after (c) Provision for aerobic and anaerobic decomposition;
the effectivity of this Act, the DA shall publish an inventory of existing markets
and demands for composts. Said inventory shall thereafter be updated and
published annually: Provided, That the composting of agricultural wastes and (d) Restriction of waste deposition to small working areas;
 (e) Fence, including provisions for litter control; (i) Designation of a separate containment area for household
hazardous wastes.
(f) Basic record-keeping;
Section 41. Criteria for Establishment of Sanitary Landfill - The following
(g) Provision of maintained access road; shall be the minimum criteria for the establishment of sanitary landfills:

(h) Controlled waste picking and trading; (a) Liners - a system of clay layers and/or geosynthethic membranes
used to contain leachate and reduce or prevent contaminant flow to
groundwater;
(i) Post-closure site cover and vegetation; and

(b) Leachate collection and treatment system - installation of pipes at

(j) Hydro geological siting.
the low areas of the liner to collect leachate for storage and eventual
treatment and discharge;
Section 40. Criteria for Siting a Sanitary Landfill - The following shall be the
minimum criteria for the siting of sanitary landfills:
(c) Gas control and recovery system - a series of vertical wells or
horizontal trenches containing permeable materials and perforated
(a) The site selected must be consistent with the overall land use piping placed in the landfill to collect gas for treatment or productive
plan of the LGU; use as an energy source;

(b) The site must be accessible from major roadways or (d) Groundwater monitoring well system - wells placed at an
thoroughfares; appropriate location and depth for taking water that are
representative of ground water quality;
(c) The site should have an adequate quantity of earth cover material
that is easily handled and compacted; (e) Cover - two (2) forms of cover consisting of soil and geosynthetic
materials to protect the waste from long-term contact with the
(d) The site must be chosen with regard for the sensitivities of the environment:
community's residents;
(i) a daily cover placed over the waste at the close of each
(e) The site must be located in an area where the landfill's operation day's operations, and;
will not detrimentally affect environmentally sensitive resources such
as aquifer, groundwater reservoir or watershed area; (ii) a final cover, or cap, which is the material placed over the
completed landfill to control infiltration of water, gas emission
(f) The site should be large enough to accommodate the to the atmosphere, and erosion.
community's wastes for a period of five (5) years during which people
must internalize the value of environmentally sound and sustainable (f) Closure procedure with the objectives of establishing low
solid waste disposal; maintenance cover systems and final cover that minimizes the
infiltration of precipitation into the waste. Installation of the final cover
(g) The site chosen should facilitate developing a landfill that will must be completed within six (6) months of the last receipt of waste;
satisfy budgetary constraints, including site development, operation
for many years, closure, post-closure care and possible remediation (g) Post-closure care procedure - During this period, the landfill
costs; owner shall be responsible for providing for the general upkeep of
the landfill, maintaining all of the landfill's environmental protection
(h) Operating plans must include provisions for coordinating with features, operating monitoring equipment, remediating groundwater
recycling and resource recovery projects; and
 should it become contaminated and controlling landfill gas migration (2) If the site is open to the public, there shall be an easily
or emission. visible sign at the primary entrance of the site indicating the
name of the site operator, the operator's telephone number,
Section 42. Operating Criteria for Sanitary Landfills - In the operation of a and hours of operation; an easily visible sign at an
sanitary land fill, each site operator shall maintain the following minimum appropriate point shall indicate the schedule of changes and
operating equipments: the general types of materials which will either be accepted
or not;
(a) Disposal site records of, but not limited to:
(3) If the site is open to the public, there shall be an easily
visible road sign and/or traffic control measures which direct
(1) Records of weights or volumes accepted in a form and
traffic to the active face and other areas where wastes or
manner approved by the Department. Such records shall be
recyclable materials will be deposited; and
submitted to the Department upon request, accurate to
within ten percent (10%) and adequate for overall planning
purposes and forecasting the rate of site filling; (4) Additional signs and/or measures may be required at a
disposal site by the Department to protect personnel and
public health and safety;
(2) Records of excavations which may affect the safe and
proper operation of the site or cause damage to adjoining
properties; (e) Monitoring of quality of surface, ground and effluent waters, and
gas emissions;
(3) Daily log book or file of the following information: fires,
landslides, earthquake damage, unusual and sudden (f) The site shall be designed to discourage unauthorized access by
settlement, injury and property damage, accidents, persons and vehicles by using a perimeter barrier or topographic
explosions, receipts or rejection of unpermitted wastes, constraints. Areas within the site where open storage, or pounding of
flooding and other unusual occurrences; hazardous materials occurs shall be separately fenced or otherwise
secured as determined by the Department. The Department may
also require that other areas of the site be fenced to create an
(4) Record of personnel training; and
appropriate level of security;
(5) Copy of written notification to the Department, local
(g) Roads within the permitted facility boundary shall be designed to
health agency, and fire authority of names, addresses and
minimize the generation of dust and the tracking of material onto
telephone numbers of the operator or responsible party of
adjacent public roads. Such roads shall be kept in safe condition and
the site;
maintained such that vehicle access and unloading can be
conducted during inclement weather;
(b) Water quality monitoring of surface and ground waters and
effluent, and gas emissions;
(h) Sanitary facilities consisting of adequate number of toilets and
handwashing facilities, shall be available to personnel at or in the
(c) Documentation of approvals, determinations and other immediate vicinity of the site;
requirements by the Department;
(i) Safe and adequate drinking water supply for the site personnel
(d) Signs: shall be available;

(1) Each point of access from a public road shall be posted (j) The site shall have communication facilities available to site
with an easily visible sigh indicating the facility name and personnel to allow quick response to emergencies;
other pertinent information as required by the Department;
(k) Where operations are conducted during hours of darkness, the the fill surface. Other effective maintenance methods may be allowed
site and/or equipment shall be equipped with adequate lighting as by the Department; and
approved by the Department to ensure safety and to monitor the
effectiveness of operations; (s) Cover material or native material unsuitable for cover, stockpiled
on the site for use or removal, shall be placed so as not to cause
(l) Operating and maintenance personnel shall wear and use problems or interfere with unloading, spreading, compacting, access,
appropriate safety equipment as required by the Department; safety drainage, or other operations.

(m) Personnel assigned to operate the site shall be adequately Article 7

trained in subject pertinent to the site operation and maintenance, Local Government Solid Waste Management
hazardous materials recognition and screening, and heavy
equipment operations, with emphasis on safety, health, Section 43. Guidelines for Identification of Common Solid Waste
environmental controls and emergency procedures. A record of such Management Problems - For purposes of encouraging and facilitating the
training shall be placed in the operating record; development of local government plans for solid waste management, the
Commission shall, as soon as practicable but not later than six (6) months
(n) The site operator shall provide adequate supervision of a from the effectivity of this Act, publish guidelines for the identification of those
sufficient number of qualified personnel to ensure proper operation of areas which have common solid waste management problems and are
the site in compliance with all applicable laws, regulations, permit appropriate units for clustered solid waste management services. The
conditions and other requirements. The operator shall notify the guidelines shall be based on the following:
Department and local health agency in writing of the names,
addresses, and telephone number of the operator or responsible (a) the size and location of areas which should be included;
party. A copy of the written notification shall be placed in the
operation record; (b) the volume of solid waste which would be generated;

(o) Any disposal site open to the public shall have an attendant (c) the available means of coordinating local government planning
present during public operating hours or the site shall be inspected between and among the LGUs and for the integration of such with
by the operator on a regularly scheduled basis, as determined by the the national plan; and
Department;
(d) possible lifespan of the disposal facilities.
(p) Unloading of solid wastes shall be confined to a small area as
possible to accommodate the number of vehicles using the area
without resulting in traffic, personnel, or public safety hazards. Waste Section 44. Establishment of Common Waste Treatment and Disposal
materials shall normally be deposited at the toe of the fill, or as Facilities - Pursuant to Sec. 33 of R.A.7160, otherwise known as the Local
otherwise approved by the Department; Government Code, all provinces, cities, municipalities and barangays,
through appropriate ordinances, are hereby mandated to consolidate, or
coordinate their efforts, services, and resources for purposes of jointly
(q) Solid waste shall be spread and compacted in layers with addressing common solid waste management problems and/or establishing
repeated passages of the landfill equipment to minimize voids within common waste disposal facilities.
the cell and maximize compaction. The loose layer shall not exceed
a depth approximately two feet before compaction. Spreading and
compacting shall be accomplished as rapidly as practicable, unless The Department, the Commission and local solid waste management boards
otherwise approved by the Department; shall provide technical and marketing assistance to the LGUs.

(r) Covered surfaces of the disposal area shall be graded to promote

lateral runoff of precipitation and to prevent pounding. Grades shall
be established of sufficient slopes to account for future settlement of
CHAPTER IV enterprise or private entities and the vendee, transferee, or assignee
INCENTIVES shall be solidarily liable to pay twice the amount of tax and duty
exemption given it.
Section 45. Incentives. -
(b) Tax Credit on Domestic Equipment - Within ten (10) years from
(a) Rewards, monetary or otherwise, shall be provided to individuals, the effectivity of this Act, a tax credit equivalent to 50% of the value
private organizations and entitles, including non-government of the national internal revenue taxes and customs duties that would
organizations, that have undertaken outstanding and innovative have been waived on the machinery, equipment, vehicle and spare
projects, technologies, processes and techniques or activities in re- parts, had these items been imported shall be given to enterprises,
use, recycling and reduction. Said rewards shall be sourced from the private entities, including NGOs, subject to the same conditions and
Fund herein created. prohibition cited in the preceding paragraph.

(b) An incentive scheme is hereby provided for the purpose of (c) Tax and Duty Exemption of Donations, Legacies and Gift - All
encouraging LGUs, enterprises, or private entities, including NGOs, legacies, gifts and donations to LGUs, enterprises or private entities,
to develop or undertake an effective solid waste management, or including NGOs, for the support and maintenance of the program for
actively participate in any program geared towards the promotion effective solid waste management shall be exempt from all internal
thereof as provided for in this Act. revenue taxes and customs duties, and shall be deductible in full
from the gross income of the donor for income tax purposes.
(1) Fiscal Incentives. - Consistent with the provisions of E.O. 226, otherwise
known as the Omnibus Investments Code, the following tax incentives shall (2) Non-Fiscal Incentives. - LGUs, enterprises or private entities availing of
be granted: tax incentives under this Act shall also be entitled to applicable non-fiscal
incentives provided for under E.O. 226, otherwise known as the Omnibus
Investments Code.
(a) Tax and Duty Exemption on Imported Capital Equipment and
Vehicles - Within ten (10) years upon effectively of this Act, LGUs,
enterprises or private entities shall enjoy tax and duty free The Commission shall provide incentives to businesses and industries that
importation of machinery, equipment, vehicles and spare parts used are engaged in the recycling of wastes and which are registered with the
for collection, transportation, segregation, recycling, re-use and Commission and have been issued ECCs in accordance with the guidelines
composing of solid wastes: Provided, That the importation of such established by the Commission. Such incentives shall include simplified
machinery, equipment, vehicle and spare parts shall comply with the procedures for the importation of equipment, spare parts, new materials, and
following conditions: supplies, and for the export of processed products.

(i) They are not manufactured domestically in sufficient (3) Financial Assistance Program. - Government financial institutions such as
quantity, of comparable quality and at reasonable prices; the Development Bank of the Philippines (DBP), Landbank of the Philippines
(LBP), Government Service Insurance System (GSIS), and such other
government institutions providing financial services shall, in accordance with
(ii) They are reasonably needed and will be used actually,
and to the extent allowed by the enabling provisions of their respective
directly and exclusively for the above mentioned activities;
charters or applicable laws, accord high priority to extend financial services to
individuals, enterprises, or private entities engaged in solid waste
(iii) The approval of the Board of Investment (BOI) of the DTI management.
for the importation of such machinery, equipment, vehicle
and spare parts.
(4) Extension of Grants to LGUs. - Provinces, cities and municipalities whose
solid waste management plans have been duly approved by the Commission
Provided, further, That the sale, transfer or disposition of such or who have been commended by the Commission for adopting innovative
machinery, equipment, vehicle and spare parts, without prior solid waste management programs may be entitled to receive grants for the
approval of the (BOI), within five (5) years from the date of
acquisition shall be prohibited, otherwise, the LGU concerned,
purpose of developing their technical capacities toward actively participating waste management of said LGU. Such allocation shall be based on a
in the program for effectively and sustainable solid waste management. sharing scheme between the Fund and the LGU concerned.

(5) Incentives to Host LGUs. - Local government units who host common In no case, however, shall the Fund be used for the creation of positions or
waste management facilities shall be entitled to incentives. payment of salaries and wages.

CHAPTER V Section 47. Authority to Collect Solid Waste Management Fees - The local
FINANCING SOLID WASTE MANAGEMENT government unit shall impose fees in amounts sufficient to pay the costs of
preparing, adopting, and implementing a solid waste management plan
Section 46. Solid Waste Management Fund - There is hereby created, as a prepared pursuant to this Act. The fees shall be based on the following
special account in the National Treasury, a Solid Waste Management Fund minimum factors:
to be administered by the Commission. Such fund shall be sourced from the
following: (a) types of solid waste;

(a) Fines and penalties imposed, proceeds of permits and licenses (b) amount/volume of waste; and
issued by the Department under this Act, donations, endowments,
grants and contributions from domestic and foreign sources; and (c) distance of the transfer station to the waste management facility.

(b) Amounts specifically appropriated for the Fund under the annual The fees shall be used to pay the actual costs incurred by the LGU in
General Appropriations Act; collecting the local fees. In determining the amounts of the fees, an LGU
shall include only those costs directly related to the adoption and
The Fund shall be used to finance the following: implementation of the plan and the setting and collection of the local fees.

(1) products, facilities, technologies and processes to CHAPTER VI

enhance proper solid waste management; PENAL PROVISIONS

(2) awards and incentives; Section 48. Prohibited Acts - The following acts are prohibited:

(3) research programs; (1) Littering, throwing, dumping of waste matters in public places,
such as roads, sidewalks, canals, esteros or parks, and
(4) information, education, communication and monitoring establishment, or causing or permitting the same;
activities;
(2) Undertaking activities or operating, collecting or transporting
(5) technical assistance; and equipment in violation of sanitation operation and other requirements
or permits set forth in established pursuant;
(6) capability building activities.
(3) The open burning of solid waste;
LGUs are entitled to avail of the Fund on the basis of their approved
solid waste management plan. Specific criteria for the availment of the (4) Causing or permitting the collection of non-segregated or
Fund shall be prepared by the Commission. unsorted wastes;

The fines collected under Sec. 49 shall be allocated to the LGU where (5) Squatting in open dumps and landfills;
the fined prohibited acts are committed in order to finance the solid
 (6) Open dumping, burying of biodegradable or non-biodegradable or render community service for not less than one (1) day to not
materials in flood prone areas; more than fifteen (15) days to an LGU where such prohibited acts
are committed, or both;
(7) Unauthorized removal of recyclable material intended for
collection by authorized persons; (b) Any person who violates Sec. 48, pars. (2) and (3), shall, upon
conviction be punished with a fine of not less than Three hundred
(8) The mixing of source-separated recyclable material with other pesos (P300.00) but not more than One thousand pesos (P1,000.00)
solid waste in any vehicle, box, container or receptacle used in solid or imprisonment of not less than one (1) day but to not more than
waste collection or disposal; fifteen (15) days, or both;

(9) Establishment or operation of open dumps as enjoined in this Act, (c) Any person who violates Sec. 48, pars. (4), (5), (6) and (7) shall,
or closure of said dumps in violation of Sec. 37; upon conviction, be punished with a fine of not less than One
thousand pesos (P1,000.00) but not more than Three thousand
pesos (P3,000.00) or imprisonment of not less than fifteen (15) day
(10) The manufacture, distribution or use of non-environmentally
but to not more than six (6) months, or both;
acceptable packaging materials;

(d) Any person who violates Sec. 48, pars (8), (9), (10) and (11) for
(11) Importation of consumer products packaged in non-
the first time shall, upon conviction, pay a fine of Five hundred
environmentally acceptable materials;
thousand pesos (P500,000.00) plus and amount not less than five
percent (5%) but not more than ten percent (10%) of his net annual
(12) Importation of toxic wastes misrepresented as "recyclable" or income during the previous year.
"with recyclable content";
The additional penalty of imprisonment of a minimum period of one
(13) Transport and dumplog in bulk of collected domestic, industrial, (1) year but not to exceed three (3) years at the discretion of the
commercial, and institutional wastes in areas other than centers or court, shall be imposed for second or subsequent violations of Sec.
facilities prescribe under this Act; 48, pars. (9) and (10).

(14) Site preparation, construction, expansion or operation of waste (e) Any person who violates Sec. 48, pars. (12) and (13) shall, upon
management facilities without an Environmental Compliance conviction, be punished with a fine not less than Ten thousand pesos
Certificate required pursuant to Presidential Decree No. 1586 and (P10,000.00) but not more than Two hundred thousand pesos
this Act and not conforming with the land use plan of the LGU; (P200,000.00) or imprisonment of not less than thirty (30) days but
not more than three (3) years, or both;
(15) The construction of any establishment within two hundred (200)
meters from open dumps or controlled dumps, or sanitary landfill; (f) Any person who violates Sec. 48, pars. (14), (15) and (16) shall,
and upon conviction, be punished with a fine not less than One hundred
thousand pesos (P100,000.00) but not more than One million pesos
(16) The construction or operation of landfills or any waste disposal (P1,000,000.00), or imprisonment not less than one (1) year but not
facility on any aquifer, groundwater reservoir, or watershed area and more than six (6) years, or both.
or any portions thereof.
If the offense is committed by a corporation, partnership, or other juridical
Section 49. Fines and Penalties - identity duly recognized in accordance with the law, the chief executive
officer, president, general manager, managing partner or such other officer-
(a) Any person who violates Sec. 48 paragraph (1) shall, upon in-charge shall be liable for the commission of the offense penalized under
conviction, be punished with a fine of not less than Three hundred this Act.
pesos (P300.00) but not more than One thousand pesos (P1,000.00)
If the offender is an alien, he shall, after service of the sentence prescribed violation complained of, exempt the plaintiff from the filing of an injunction
above, be deported without further administrative proceedings. bond for the issuance of preliminary injunction.

The fines herein prescribed shall be increased by at lest ten (10%) percent In the event that the citizen should prevail, the Court shall award reasonable
every three (3) years to compensate for inflation and to maintain the attorney's fees, moral damages and litigation costs as appropriate.
deterrent functions of such fines.
Section 53. Suits and Strategic Legal Action Against Public Participation
Section 50. Administrative Sanctions - Local government officials and (SLAPP) and the Enforcement of this Act - Where a suit is brought against a
officials of government agencies concerned who fail to comply with and person who filed an action as provided in Sec. 52 of this Act, or against any
enforce rules and regulations promulgated relative to this Act shall be person, institution or government agency that implements this Act, it shall be
charged administratively in accordance with R.A. 7160 and other existing the duty of the investigating prosecutor or the Court, as the case may be, to
laws, rules and regulations immediately make a determination not exceeding thirty (30) days whether
said legal action has been filed to harass, vex, exert undue pressure or stifle
CHAPTER VII such legal recourses of the person complaining of or enforcing the provisions
MISCELLANEOUS PROVISIONS of this Act. Upon determination thereof, evidence warranting the same, the
Court shall dismiss the complaint and award the attorney's fees and double
damages.
Section 51. Mandatory Public Hearings - Mandatory public hearings for
national framework and local government solid waste management plans
shall be undertaken by the Commission and the respective Boards in This provision shall also apply and benefit public officers who are sued for
accordance with process to be formulated in the implementing rules and acts committed in their official capacity, there being no grave abuse of
regulations. authority, and done in the course of enforcing this Act.

Section 52. Citizens Suits - For the purposes of enforcing the provisions of Section 54. Research on Solid Waste Management - The Department after
this Act or its implementing rules and regulations, any citizen may file an consultations with the cooperating agencies, shall encourage, cooperate
appropriate civil, criminal or administrative action in the proper courts/bodies with, and render financial and other assistance to appropriate government
against: agencies and private agencies, institutions and individuals in the conduct and
promotion researches, experiments, and other studies on solid waste
management, particularly those relating to:
(a) Any person who violates or fails to comply with the provisions of
this Act its implementing rules and regulations; or
>
(b) The Department or other implementing agencies with respect to
orders, rules and regulations issued inconsistent with this Act; and/or (a) adverse health effects of the release into the environment of
materials present in solid wastes, and methods to eliminate said
effects;
(c) Any public officer who willfully or grossly neglects the
performance of an act specifically enjoined as a duty by this Act or its
implementing rules and regulations; or abuses his authority in the (b) the operation and financing of solid waste disposal programs;
performance of his duty; or, in any many improperly performs his
duties under this Act or its implementing rules and (c) the planning, implementing and operation of resource recovery
regulations; Provided, however, That no suit can be filed until after and resource conservation systems;
thirty-day (30) notice has been given to the public officer and the
alleged violator concerned and no appropriate action has been taken (d) the production of usable forms of recovered resources, including
thereon. fuel from solid waste;

The Court shall exempt such action from the payment of filing fees and
statements likewise, upon prima facie showing of the non-enforcement or
 (e) the development and application of new and improved methods ecological solid waste management projects to manufacture environment-
of collecting and disposing of solid waste and processing and friendly products, to introduce develop and adopt innovative processes that
recovering materials and energy from solid waste; shall recycle and re-use materials, conserve raw materials and energy,
reduce waste, and prevent pollution and to undertake community activities to
(f) improvements in land disposal practices for solid waste (including promote and propagate effective solid waste management practices.
sludge); and
Section 58. Appropriations - For the initial operating expenses of the
(g) development of new uses of recovered resources and Commission and the National Ecology Center as well as the expensed of the
identification of existing or potential markets of recovered resources. local government units to carry out the mandate of this Act, the amount of
Twenty million pesos (P20,000,000.00) is hereby appropriated from the
Organizational Adjustment Fund on the year this Act is approved. Thereafter,
In carrying out solid waste researches and studies, the Secretary of the
it shall submit to the Department of Budget and Management its proposed
Department or the authorized representative may make grants or enter into
budget for inclusion in the General Appropriations Act.
contracts with government agencies, nongovernment organizations and
private persons.
Section 59. Implementing Rules and Regulations (IRR) - The Department, in
coordination with the Committees on Environment and Ecology of the Senate
Section 55. Public Education and Information - The Commission shall, in
and House of Representative, respectively, the representatives of the
coordination with DECS, TESDA, CHED, DILG and PIA, conduct a
Leagues of Provinces, Cities, Municipalities and Barangay Councils, the
continuing education and information campaign on solid waste management,
MMDA and other concerned agencies, shall promulgate the implementing
such education and information program shall:
rules and regulations of this Act, within one (1) year after its
enactment: Provided, That rules and regulations issued by other government
(a) Aim to develop public awareness of the ill-effects of and the agencies and instrumentalities for the prevention and/or abatement of the
community based solutions to the solid waste problem; solid waste management problem not inconsistent with this Act shall
supplement the rules and regulations issued by the Department, pursuant to
(b) Concentrate on activities which are feasible and which will have the provisions of this Act.
the greatest impact on the solid waste problem of the country, like
resource conservation and recovery, recycling, segregation at The draft of the IRR shall be published and be the subject of public
source, re-use, reduction, and composing of solid waste; and consultation with affected sectors. It shall be submitted to the Committee on
Environment Ecology of the Senate and House of Representatives,
(c) Encourage the general public, accredited NGOs and people's respectively, for review before approved by the Secretary.
organizations to publicity endorse and patronize environmentally
acceptable products and packaging materials. Section 60. Joint Congressional Oversight Committee - There is hereby
created a Joint Congressional Oversight Committee to monitor the
Section 56. Environmental Education in the Formal and Nonformal Sectors - implementation of the Act and to oversee the functions of the Commission.
The national government, through the DECS and in coordination with The Committee shall be composed of five (5) Senators and five (5)
concerned government agencies, NGOs and private institutions, shall Representatives to be appointed by the Senate President and Speaker of the
strengthen the integration of environmental concerns in school curricula at all House of Representatives, respectively. The Oversight Committee shall be
levels, with particular emphasis on the theory and practice of waste co-chaired by a Senator and a Representative designated by the Senate
management principles like waste minimization, specifically resource President and the Speaker of the House of Representatives, respectively.
conservation and recovery, segregation at source, reduction, recycling, re-
use,and composing, in order to promote environmental awareness and action Section 61. Abolition of the Presidential Task Force On Waste Management
among the citizenry. and the Project Management Office on Solid Waste Management - The
Presidential Task Force on Waste Management which was created by virtue
Section 57. Business and Industry Role - The Commission shall encourage of Memorandum Circular No. 39 dated November 2, 1987, as amended by
commercial and industrial establishments, through appropriate incentives Memorandum Circular No. 39A and 88 is hereby abolished.
other than tax incentives to initiate, participate and invest in integrated
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.

Section 62. Transitory Provision - Pending the establishment of the

framework under Sec. 15 hereof, plans under Sec. 16 and promulgation of
the IRR under Sec. 59 of this Act, existing laws, regulations, programs and
projects on solid waste management shall

be enforced: Provided, That for specific undertaking, the same may be

revised in the interim in accordance with the intentions of this Act.

Section 63. Report to Congress - The Commission shall report to Congress

not later than March 30 of every year following the approval of this Act, giving
a detailed account of its accomplishments and progress on solid waste
management during the year and make the necessary recommendations in
areas where there is need for legislative action.

Section 64. Separability Clause - If any provision of this Act or 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 shall not be affected by such declaration.

Section 65. Repealing Clause - All laws, decrees, issuances, rules and
regulations or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

Section 66. Effectivity - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.