Legal basis and policy framework
- Republic Act No. 9003 (the “Ecological Solid Waste Management Act of 2000”) provides the State policy for a “systematic, comprehensive, and sound ecological solid waste management program.”
- The proclamation anchors the joint disposal-facility approach on Section 44 of RA 9003.
- The proclamation also relies on Section 33 of Republic Act No. 7160 (the Local Government Code), which mandates LGUs to coordinate for common solid waste disposal facilities.
- Proclamation No. 1655 requires compliance, where applicable, with the cited provisions of RA 9003 governing policies, institutional powers, siting and operating criteria, planning, and establishment of common facilities.
- The proclamation reflects the State intent that the facility can help address inadequate suitable sanitary landfills and can attract investors for recycling and waste-to-energy technologies.
Covered facility and alternative disposal role
- The sanitary landfill disposal facility of WACUMAN located at Sitio Tiyakad, Barangay San Mateo, Norzagaray, Bulacan is declared an alternate disposal site.
- The alternate disposal site is for the proper disposal of waste coming from Local Government Units and the private sector in the cities and towns of the Province of Bulacan, Metro Manila and nearby areas.
- The declaration applies subject to applicable provisions of RA 9003, including its provisions on policies, institutional powers, visitorial powers, planning, siting and operating criteria, and common waste treatment and disposal facilities.
Compliance monitoring and oversight duties
- The Department of Environment and Natural Resources (DENR) and the National Solid Waste Management Commission are tasked to regularly monitor the WACUMAN sanitary landfill to ensure safe and proper waste handling and management.
- Monitoring must be conducted pursuant to the agencies’ established guidelines and policies.
- The proclamation links oversight to the applicable visitorial powers of the Department under Section 9 of RA 9003 where relevant.
Roads and local enabling support
- The Department of Public Works and Highways is directed to supervise the maintenance of public roads in the vicinity of the sanitary landfill.
- Road maintenance is meant to facilitate smooth operation and delivery of waste disposal services to the designated alternate disposal site.
Investor encouragement for recycling and waste-to-energy
- The Provincial Government of Bulacan, the Metro Manila Development Authority (MMDA), and the Local Government of Norzagaray, Bulacan are enjoined to encourage local and foreign investors.
- Investor encouragement must focus on businesses and technology related to recycling and waste-to-energy processes.
- Encouragement must be done pursuant to the relevant provisions of RA 9003, including Section 2 (f), Article 1, Chapter I and Section 17 (I), Article 1, Chapter III of RA 9003.
Parties and statutory provisions referenced for application
- The proclamation expressly subjects the alternate disposal role to applicable RA 9003 provisions, including:
- Section 2 (Declaration of Policies),
- Section 5 (Powers and Functions of the Commission),
- Section 9 (Visitorial Powers of the Department),
- Section 11 (Provincial Solid Waste Management Board),
- Section 16 (Local Government Solid Waste Management Plans),
- Section 17 (Components of the Local Government Solid Waste Management Plan),
- Section 40 (Criteria for Siting a Sanitary Landfill),
- Section 42 (Operating Criteria for Sanitary Landfills),
- Section 44 (Establishment of Common Waste Treatment and Disposal Facilities).
- The proclamation references the facility’s Environmental Compliance Certificate (ECC) with Category 4 to Waste Custodian Management (WACUMAN) and treats this as a basis for the declaration.
- Endorsements are cited from: the League of Municipalities of the Philippines, Bulacan Chapter; the Office of the Mayor of Norzagaray, Bulacan; the Sangguniang Bayan of Norzagaray, Bulacan; and the Office of Barangay Captain of San Mateo, Norzagaray, Bulacan.