Question & AnswerQ&A (Republic Act No. 9003)
Republic Act No. 9003 shall be known as the 'Ecological Solid Waste Management Act of 2000.'
The policies include adopting a systematic and ecological solid waste management program, protecting public health and the environment, maximizing resource conservation and recovery, ensuring proper segregation and disposal, promoting research and private sector participation, and institutionalizing public participation and environmental education.
Solid waste refers to all discarded household, commercial waste, non-hazardous institutional and industrial waste, street litter excluding hazardous wastes, infectious wastes from hospitals, and mining wastes as specified by the law.
LGUs are primarily responsible for implementing and enforcing solid waste management within their jurisdictions, including segregation and collection at the barangay level and collection of non-recyclable and special wastes at the city or municipal level.
It is a commission under the Office of the President overseeing solid waste management plans and policies, composed of 14 government agency heads and 3 private sector representatives from NGOs, recycling industry, and manufacturing or packaging industry.
Any person convicted of littering or dumping waste in public places shall be fined between Three hundred pesos (P300) and One thousand pesos (P1,000), or perform community service for one to fifteen days, or both.
All waste must be segregated at the source into compostable, recyclable, non-recyclable, and special wastes. Owners or persons in charge of premises with six or more residential units must provide designated containers and areas for separation.
RA 9003 prohibits the manufacture, distribution, or use of packaging materials that are not environmentally acceptable. Commercial establishments cannot sell or possess products packaged in such materials, subject to a phase-out period determined by the Commission.
MRFs are to be established in every barangay or cluster of barangays to receive, sort, segregate, compost, and recycle mixed wastes. Residual wastes are then transferred to disposal or sanitary landfill facilities.
Within 3 years from the effectivity of the Act, all LGUs must convert open dumps to controlled dumps, and no controlled dumps shall be allowed five years following the effectivity of the Act.
The Act provides fiscal incentives such as tax and duty exemptions on imported capital equipment and vehicles, tax credits on domestic capital equipment, and tax exemption on donations. Non-fiscal incentives include simplified procedures and government financial assistance to entities engaged in solid waste management.
DENR chairs the Commission, prepares reports, provides technical assistance, issues rules and regulations, and exercises visitorial and enforcement powers to ensure compliance with the Act.
Components include city/municipal profile, waste characterization, collection and transfer strategies, processing methods, source reduction and recycling programs, composting plans, facility capacity and disposal, public education, special waste handling, funding requirements, and privatization measures.
Officials who fail to comply with and enforce rules relative to the Act shall be charged administratively in accordance with the Local Government Code and other applicable laws.
Any citizen may file civil, criminal, or administrative action against violators of the Act or public officers neglecting their duties after giving a 30-day notice to the concerned parties. Courts shall exempt filing fees and allow injunction bonds to be waived under certain circumstances.