Article 11 of the Constitution provides that the State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
◗ REPUBLIC ACT 9003 (2000) AND DENR ADMINISTRATIVE ORDER NO. 2001-34
Ecological Solid Waste Management Act of 2000 and its Implementing Rules and Regulations This Act empowers local government units to actively pursue their respective solid waste management systems by providing them the needed policy and technical support. The salient features of RA 9003 that apply to LGUs include:
Preparation of 10-year solid waste management plans by all LGUs (province, city, and municipality). Such plans should: (a) place primary emphasis on the implementation of feasible and environmentally sound techniques of minimizing waste (such as re-use, recycling, and composting programs); and (b) identify the amount of landfill and transformation capacity needed for solid waste that cannot be re-used, recycled, or composted. The content of solid waste management plans is outlined in Section 17, Article 1, Chapter III. The law mandates that 25 percent of all solid waste must be diverted from disposal facilities, within a period of five years from the time RA 9003 takes effect.
Creation of a Solid Waste Management Board in every city and municipality to prepare and implement a plan for the safe and sanitary management of solid waste. A provincial Solid Waste Management Board will likewise be formed by each province to develop a comprehensive provincial SWM plan, taking off from the municipal/city SWM plans.
LGU MANDATES ON SOLID WASTE MANAGEMENT
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Mandatory segregation of waste. LGUs are to evaluate alternative roles for the public and private sectors in providing collection services, types of collection services, or a combination of systems that best meet their needs. The collection and transport of solid waste must conform to the minimum standards and requirements for collection of solid waste (e.g., use of protective equipment by collectors, non-spillage of waste within collection vicinity, separate collection schedules for specific types of waste, separate trucks/haulers or compartmentalized collection vehicles).
Implementation of recycling programs, with support from the Departments of Trade and Industry (DTI), Agriculture (DA), and Interior and Local Governments (DILG). The DTI is to prepare an inventory of existing markets for processing and purchasing of recyclable materials and implement a coding system for packaging materials and products to facilitate waste recycling and re-use. The DA is to publish an inventory of existing markets and demand for compost.
Setting up of a materials recovery facility (MRF) in every barangay or cluster of barangays.
MRFs will receive mixed waste for final sorting, segregation, composting, and recycling before non-recyclable wastes are transferred to a storage or disposal facility.
Prohibition of open dumpsites as final disposal facility. Existing open dumpsites are to be converted into controlled dumpsites within three years from the effectivity date of the law.
Sanitary landfills shall be developed and operated as final disposal sites for a municipality or cluster of municipalities. The law provides guidelines for controlled dumps and criteria for the location and establishment of sanitary landfills. The law encourages LGUs to consider the setting up of common solid waste management facilities.
Promoting the establishment of multipurpose environmental cooperatives and associations that will undertake SWM activities or projects.
Provision of monetary and other rewards and incentives to entities that have undertaken outstanding and innovative SWM programs (e.g., tax credit and duty exemption to individuals and private organizations; and grants to LGUs).
Encouragement of LGUs to impose fees sufficient to pay the cost of preparing and implementing their solid waste management plans. LGUs are also to adopt specific revenue-generating measures to ensure the viability of their plans.
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S E R V I C E D E L I V E R Y W I T H I M P A C T : R E S O U R C E B O O K s F O R L O C A L G O V E R N M E N T
21 LGU MANDATES ON SOLID WASTE MANAGEMENT 2
S E R V I C E D E L I V E R Y W I T H I M P A C T : R E S O U R C E B O O K s F O R L O C A L G O V E R N M E N T
Creation of a local SWM fund from donations, collection of fines and fees, and allocation from the development fund. This fund is to be used for activities to enhance the SWM program: research, information, education and communications, and capability building.
Definition of prohibited acts, penalties, suits and other legal actions concerning RA 9003.
◗ REPUBLIC ACT NO. 7160
Local Government Code of the Philippines (1991)
This Act enjoins LGUs to enforce sanitation laws, prepare a solid waste management program, and other environmental functions. Section 17 mandates barangays and municipalities to provide services for solid waste collection and management. Section 3, Article 1 encourages the participation of the private sector in local governance.
◗ DENR ADMINISTRATIVE ORDER NO. 98-50
Adopting the Landfill Site Identification and Screening Criteria for Municipal Solid Waste Disposal Facilities
This order defines the site selection criteria for sanitary landfill facilities, including screening methodology.
◗ DENR ADMINISTRATIVE ORDER NO. 98-49
Technical Guidelines for Municipal Solid Waste Management
This Order provides the guidelines for the development of new municipal solid waste disposal sites, and a phased schedule for the conversion and upgrading of existing dumpsites into more sanitary and environmentally acceptable sites. The AO includes technical norms, environmental quality requirements and operational standards, and timeframe for implementation.
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◗ DENR ADMINISTRATIVE ORDER NO. 97-28
Amending Annex A of DAO 94-28
This Act includes used oil (spent oil such as waste oil or oil residues) as a separate category. It further provides that no importation of tanker sludge will be allowed.
◗ DENR ADMINISTRATIVE ORDER NO. 94-28
Interim Guidelines for the Importation of Recyclable Materials Containing Hazardous Substances
This AO requires all importers of recyclable materials containing hazardous substances to register with the DENR. This also sets the registration and importation requirements, as well as the right of the DENR to require the testing and sampling of the imported recyclable materials.