Ecological Solid Waste Management Act of 2000 RA 9003

1. Ecological Solid Waste Management Act of 2000RA 9003 Pauline Sy

2. Background • Passed by the Congress and Senate on 2000, and approved by President Gloria Macapagal-Arroyo 0n January 26,2001 • Provides an ecological solid waste management program, and lists prohibited acts and penalties for the perpetrator

3. General Provisions • Ensure protection of public health and environment • Encourage minimization of solid waste generation, and the recycle and re-use of recyclable wastes • Encourage proper segregation, transport, storage, treatment and disposal of solid wastes • Promote national research and development programs to improve waste management, conservation, reduction, collection, separation, and recovery • Encourage participation in, and implementation of, solid waste management • Promote environmental awareness

4. Definition of terms Controlled dump • Disposal site at which solid waste is deposited in accordance with the minimum prescribed standards. Leachate • Liquid produced when waste undergo decomposition, and when water percolates through solid waste decomposition. It is a contaminated liquid that contains dissolved and suspended materials. Open dump • Disposal area wherein the solid wastes are indiscriminately thrown/disposed of without consideration for environmental and health standards. Ecological solid waste management • Systematic administration of segregation at source, transportation, storage, transfer, processing, treatment, and disposal of solid wastes.

5. Solid waste management facility • Any facility for the collection, source separation, storage, transportation, transfer, processing, treatment, or disposal of solid wastes Solid wastes • Includes agricultural wastes (from planting or harvesting of crops), bulky wastes (broken furniture), white goods (broken appliances), and yard wastes (wood, branches, leaves, etc) • Does not include hospital or laboratory wastes, or hazardous wastes Recyclable material • Collected wastes that are free from contamination and can be reused as raw materials (such as newspaper and scrap metal) Sanitary landfill • Waste disposal site designed, constructed, operated, and maintained in a manner that exerts engineering control over significant potential environmental impacts arising from the development and operation of the facility

6. National Solid Waste Management Commission (NSWMC) • Composes of 14 members from the government and 3 members from private sector • Holds meetings at least once a month • Functions and power of the Commission: • Formulate and plan the National Solid Waste Management Framework • Develop standards and guidelines for solid waste management, as well as penalty for the violation of rules and regulations • Review and monitor the implementation of the solid waste management plans • Prescribe procedures for issuance of appropriate permits and clearances • Develop programs in marketing the recycled materials

7. Members (Government): • Department of Environment and Natural Resources (DENR) • Department of Interior and Local Government (DILG) • Department of Science and Technology (DOST) • Department of Public Works and Highways (DPWH) • Department of Health (DOH) • Department of Trade and Industry (DTI) • Department of Agriculture (DA) • Metro Manila Development Authority (MMDA) • League of provincial governors • League of city mayors • League of municipal mayors • Association of barangay councils • Technical Education and Skills Development Authority (TESDA) • Philippine Information Agency

8. Members (Private Sector): • A representative from non-government organizations (NGOs) whose purpose is to promote recycling and the protection of air and water quality • A representative from the recycling industry • A representative from the manufacturing or packaging industry

9. National Ecology Center (NEC) • Provides consulting, information training, and networking services for the implementation of the provisions of RA 9003 • Headed by the Environmental Management Bureau • Functions: • Facilitate training and education on ecological solid waste management • Establish and manage a solid waste management information data base with DTI and other concerned agencies (manufacturers, recyclers, etc) • Promote development of recycling market • Facilitate assistance in solid waste management facilities • Develop, test, and disseminate model waste minimization and reduction

10. Roles of the Department of Environment and Natural Resources (DENR) • Chair of the National Solid Waste Management Commission • Prepare an annual national solid waste management status report • Prepare and distribute information on solid waste management • Establish methods and guidelines on waste reduction, collection, and disposal • Visitorial powers (on any solid waste generator, recycler, facilities, etc)

11. Solid waste management boards • Provincial Solid Waste Management Board • Established in every province and is chaired by the governor, with the exception of Metro Manila (chaired by the chairperson of MMDA) • City and Municipal Solid Waste Management Board • Established in every city or municipality and is chaired by the city or municipal mayor

12. Functions and powers of the solid waste management boards • May call concerned agencies or sectors when necessary • Prepare, develop, and implement long-term solid waste management • Develop specific mechanics and guidelines for the implementation of the management plan • Monitor the implementation of the management plan • Recommend measures against pollution for the preservation of the natural ecosystem • Review the management plan every 2 years or as needed

13. Provincial Solid Waste Management Board • Members: • All mayors of its component cities and municipalities • 1 representative from SangguniangPanlalawigan • The provincial health and/or general services officers • The provincial environment and natural resources officer • The provincial engineer • Congressional representative/s from each congressional district • A representative from an NGO whose purpose is to promote recycling and protection of air and water quality • A representative from the recycling industry • A representative from a manufacturing or packaging industry

14. City or Municipal Solid Waste Management Board Members: • 1 representative of SangguniangPanlungsod or the SangguniangBayan • President of the association of baranggay councils in the municipality or city • Charperson of the SangguniangKabataan Federation • A representative from NGOs whose purpose is to promote recycling and protection of air and water quality • A representative from the recycling industry • A representative from the manufacturing or packing industry • A representative of each concerned gov’t agency

15. National Solid Waste Management Status Report • Prepared by the Commission and submitted to DENR • Updated every 2 years or if needed • Must include, but not limited to: • Inventory of existing solid waste facilities • General waste characterization (type of waste for reduction and recycling, quantity generated and estimated volume) • Projection of waste generation • Varying regional geologic, hydrologic, climatic, and other factors vital in implementation of solid waste practices

16. Population density • Political, economic, organizational, financial and management problems affecting solid waste management • Systems and techniques of waste reduction, re-use and recycling • Available markets for recyclable materials • Estimated cost of collecting, storing, transporting, marketing, and disposal of wastes and recyclable materials • Qualitative and quantitative information concerning the extent of solid waste management problems and activities

17. National Solid Waste Management Framework Includes: • Analysis and evaluation of current state of solid waste management • Identification of critical solid waste facilities and local gov’t units that need closer monitoring • Practical applications of environmentally sound techniques of waste minimization • Appropriate solid waste facilities and conservation systems • Recycling programs

18. Local Gov’t Solid Waste Management Plans • Shall be for the re-use, recycling, and composting of wastes • Reviewed and updated every year by the board • Must be approved by the Commission • Components: • City or Municipal Profile • Estimated population • Map indicating locations of residential, commercial, and industrial centers, dumpsites, landfills, and other solid waste facilities, and the proposed sites for disposal • Estimated solid waste generation and projection • Inventory of existing waste disposal facilities and capacities

19. Waste characterization • Volume, material type, source of generation (residential, commercial, industrial, etc) • Collection and Transfer • Availability and provision of containers for disposal • Segregation of solid wastes • Compostable, non-recyclable, recyclable, special wastes • Provision of properly-trained officers/workers for disposal • Processing • Source reduction

20. Recycling • Composting • Solid waste facility capacity and final disposal • Education and public information • Special Waste • Resource requirement and funding • Privatization of solid waste management projects • Incentive programs

21. Requirements for collection and transport of solid wastes • Collection: • Collectors must be equipped with protective equipment • Collectors must be trained for proper handling of solid wastes • Transport: • Vehicles must be covered and must bear the number and name of the solid waste agency • Transfer stations • Site of station must consider the land, proximity to collection area, and accessibility of haul routes to disposal facility

22. Waste Management Facilities • Inventory of Waste Disposal Facilities –by DENR, DOH, DILG, and other concerned agencies • Prohibition against the use of open dumps for solid waste • Permit for solid waste management facility construction and expansion • Guidelines for controlled dumps • Surface water and peripheral site drainage control • Provision for decomposition • Restriction of waste deposition to small working areas • Controlled waste picking • Post-closure site cover and vegetation

23. Sanitary Landfills • Siting of sanitary landfills: • Must be consistent with the land use plan of the LGUs • Should have adequate quantity of earth cover material that is easily handled and compacted • Must not be located near aquifers, grounwater reservoirs, or watershed areas • Must large enough to be able to accommodate the community’s waste for 5 years • Must have a separate containment area for hazardous wastes

24. Criteria for establishment of Sanitary Landfills: • Liners –system of clay layers and/or geosynthetic membranes to contain leachate and reduce or prevent contaminant flow to groundwater • Leachate collection and treatment system • Gas control recovery system –to collect gas for treatment or for use as an energy source • Groundwater monitoring well system –to take water samples for groundwater quality • Cover –soil and geosynthetic materials placed over the waste each day to control the infiltration of water, gas emission to the atmosphere • Closure procedure • Post-closure care procedure –owner must maintain the landfill ‘s environment

25. Criteria for operating sanitary landfills: • Disposal site records • Records of weights/volumes accepted, accurate to within 10% and must be adequate for overall planning and forecasting the rate of site filling • Records of excavations • Daily logbook/file of fires, landslides, earthquake damages, injury and property damages, accidents, etc • Record of personnel training • Water quality monitoring –surface/ground waters and effluent, and gas emissions • Documents –approvals and other requirements by DEnR • Signs –in public roads, primary entrance, and disposal site • Proper and sanitary facilities –fencing or barriers to keep unauthorized access; accessible communication facilities for emergencies; proper lighting; washrooms and safe drinking water for personnel

26. Personnel must be trained, and must wear proper safety equipment • Proper handling of wastes • Solid wastes must be spread and compacted in layers, which must be done as rapidly as possible • Cover material must be placed so as not to cause interference with unloading, spreading, etc

27. Incentives • Monetary rewards that are sourced from the commission fund • Types of Incentives: • Fiscal incentives (Tax Incentives) • Tax-free or duty-free importation of equipment used for collection of solid wastes (must not be sold 5 years from date of acquisition) • Tax credit on domestic capital equipment- 50% of the value will be waived • Tax and duty exemption of donations legacies and gift to LGUs, NGOs, or private entities • Non-fiscal incentives • The Commission will provide services and assistance

28. Financial assistance program • Gov’t financial institutions (banks, etc) will provide financial services according to the provisions • Extension of grants to LGUs • Extension of operation • Incentives to host LGUs • LGUs will be granted this incentive when they host waste management facilities

29. Solid Waste Management Fund • Registered as a special account in the National Treasury • The fund is sourced from: • Fines and penalties imposed • Proceeds of permits and licenses issued by DENR • Donations, endowments, and grants • Allowance given by the gov’t • The fund is used on: • Products, facilities, technologies to develop proper solid waste management • Awards and incentives • Research programs • Operations of the Commission

30. Prohibited acts • Littering • Open burning of solid waste • Not segregating waste • Squatting in open dumps/landfills • Open dumping, or burying of wastes in flood-prone areas • Importation/manufacturing/distributing of non-environmentally acceptable materials • Operating without an Environmental Compliance Certificate, or not conforming with the land use plan of the LGU (for solid waste disposal facilities)

31. References • http://www.emb.gov.ph/laws/solid%20waste%20management/ra9003.pdf • Video source: http://www.youtube.com/watch?v=s-ps_0UFmfI