Question & AnswerQ&A (MEMORANDUM CIRCULAR NO. 2018-112)
The primary legal basis is Republic Act No. 9003 or the Ecological Solid Waste Management Act of 2000, particularly its implementing rules and regulations, along with Section 389 (b)(9) of the Local Government Code of 1991.
The Punong Barangay is responsible for issuing an Executive Order organizing the BESWMC within 60 days upon assumption to office.
The BESWMC is chaired by the Punong Barangay and includes one Sangguniang Barangay Member, the SK Chairperson, President of Home Owners Association, Public/private school principal or representatives, one Parents and Teachers Association president or representative, one religious organization representative, one bus community representative, one environmental NGO representative, the President of Market Vendors Association, and one representative from junkshop owners association.
Key functions include formulating a community solid waste management program, overseeing segregation and collection of waste, establishing a Material Recovery Facility (MRF), allocating barangay funds for waste management, organizing area coordinators, conducting trainings, integrating the program into development plans, finding alternative funding sources, submitting monthly reports to the city/municipal ESWMC, and implementing education, engineering, enforcement, and entrepreneurial policies related to solid waste management.
The MRF is established within the barangay or cluster of barangays on barangay-owned or leased land to serve as a facility for segregated waste collection, redemption centers, or eco-centers for non-biodegradable or recyclable materials before selling in bulk to junk shops.
The Punong Barangay is to strictly observe the provisions of R.A. 9003, establish the MRF, allocate land for the MRF, initiate public consultations and information campaigns, implement a solid waste management system through an ordinance, and coordinate with concerned government offices for technical support.
Penalties are provided under Section 50 and Section 52 of R.A. 9003, which include administrative sanctions against officials who fail to comply and enforce rules, and allow citizens to file civil, criminal, or administrative actions against public officers who neglect their duties under the law.
The BESWMC must develop and disseminate information, education, and communication (IEC) materials on solid waste management, conduct community trainings and seminars on segregation, composting, waste reduction and recycling, and issue community policies promoting ecologically friendly products and packaging.
The BESWMC is tasked with enacting barangay ordinances establishing an awards system, incentives and sanctions, and other rules and regulations to implement the ecological solid waste management program effectively.
Citizens may file appropriate civil, criminal, or administrative actions in proper courts or bodies against public officers who neglect or abuse their duties under R.A. 9003, but only after giving a 30-day notice and if no appropriate action has been taken. Additionally, citizens may file actions with the DILG or Ombudsman as applicable.