Law Summary
Definitions of Key Terms
- Detailed definitions provided for terms such as agricultural waste, bulky wastes, composting, hazardous waste, recyclable materials, sanitary landfill, segregation, and special wastes.
- Specifies exclusions from "solid waste," such as hazardous wastes, infectious hospital waste, and mining wastes.
- Clarifies institutional terms like Bureau (Environmental Management Bureau), Department (DENR), and various facilities (materials recovery facility, transfer stations).
Institutional Mechanism: National Solid Waste Management Commission
- Established under the Office of the President.
- Composed of fourteen government officials from key agencies and three private sector representatives.
- Private representatives nominated by their sectors and appointed by the President for 3-year terms.
- The Commission chairs the secretariat, creates action plans, and oversees implementation of solid waste management.
Powers and Functions of the Commission
- Prepares the national solid waste management framework.
- Approves and monitors local solid waste plans.
- Coordinates with local solid waste management boards.
- Provides technical assistance to LGUs.
- Adopts policies, sanctions, incentive schemes, and conducts public information campaigns.
- Establishes standards for tipping fees and environmental safety.
- Encourages private sector and public participation.
Operational Provisions for the Commission
- Meets at least monthly with quorum defined.
- Can call on other agencies as necessary.
National Ecology Center
- Established under the Commission to provide consulting, training, and information services.
- Maintains databases, promotes recycling markets, assists LGUs with pilot modeling and auditing.
- Led by the director of the Environmental Management Bureau.
Role and Visitorial Powers of the Department of Environment and Natural Resources (DENR)
- Chairs the Commission.
- Prepares annual status reports.
- Provides educational materials, technical support, and enforcement.
- Exercises visitorial power to inspect facilities, records, and ensure compliance.
Local Government Units (LGUs) Responsibilities
- LGUs are primarily responsible for implementation and enforcement within their jurisdictions.
- Segregation and collection conducted at barangay level for biodegradable, compostable, and reusable wastes.
- Non-recyclable and special wastes handled by municipalities or cities.
Provincial Solid Waste Management Board
- Chaired by the provincial governor with participation of mayors, provincial officials, Congressional representatives, and sectoral representatives.
- Functions include developing provincial waste plans, coordinating among LGUs, providing support and incentives, and reviewing plans for sustainability.
City and Municipal Solid Waste Management Boards
- Chaired by the city or municipal mayor.
- Members include local council representatives, barangay councils, NGOs, recycling and manufacturing industry representatives, and government agencies.
- Duties include preparing and implementing local waste plans, monitoring, revenue raising, coordinating barangay activities, and promoting private sector involvement.
Multi-Purpose Environmental Cooperatives
- Encouraged in every LGU to support and implement projects aligned with solid waste management.
National and Local Solid Waste Management Plans
- National status report prepared within 6 months after effectivity.
- National framework formulated with public participation, addressing waste trends, facilities, protective measures, diversion goals, and phase-out of open dumps.
- LGUs prepare 10-year solid waste management plans consistent with the national framework.
- Plans emphasize reuse, recycling, composting, and proper disposal.
- Annual review and updating required.
Components of Solid Waste Management Plan
- City/Municipality profile including population, land use, and waste characterization.
- Collection and transfer systems with 100% collection efficiency goal.
- Waste processing methods including composting, recycling, and other environmentally accepted technologies.
- Source reduction strategies including economic incentives.
- Recycling plans with facility needs and market development.
- Composting descriptions with market considerations.
- Solid waste facility capacity with projections for landfill and disposal needs.
- Education and public information campaigns.
- Special waste management.
- Resource and funding requirements including outside funding and revenue sources.
- Promotion of private sector participation and incentives.
Ownership and Compliance
- Owners and operators are responsible for compliance with the Act's standards.
Waste Characterization
- DENR and LGUs establish guidelines to determine waste compatibility and hazardous classifications.
Mandatory Waste Diversion
- LGUs must divert at least 25% of solid waste within 5 years through reuse, recycling, composting.
- Diversion goals increase every 3 years thereafter.
- Exceeding goals is permitted.
Segregation of Wastes
- Mandatory waste segregation at the source for all sectors.
- Separate containers required and proper labeling for types of waste.
- Regulations for multi-residential units to provide designated areas and containers.
Collection and Transport of Waste
- Personnel must have protective equipment and training.
- Collection must prevent spillage and damage.
- Transport vehicles must separate waste types or have compartments and covers.
- Vehicles labeled with contractor details.
Transfer Stations
- Designed for efficient handling complying with environmental standards.
- No waste stored over 24 hours.
- Location considers land use and accessibility.
Recycling Programs
- DTI to publish market studies for recyclable materials.
- Eco-labeling coding system for packaging.
- Deposit/reclamation programs for recyclables and toxic materials.
- Toxic materials must be separated and treated per hazardous waste regulations.
- Non-environmentally acceptable products to be phased out after public hearing and availability of cheaper alternatives.
- Prohibition on sale and use of non-environmentally acceptable packaging with sanctions.
- Recycling market development involving economic incentives and long-term contracts handled by Commission and related agencies.
Materials Recovery Facilities (MRF)
- To be established in every barangay or cluster.
- Located on barangay-owned or leased land.
- For final sorting, segregation, composting, recycling.
- Residual waste transferred to disposal facilities.
Composting
- DA to publish compost market inventory.
- Compost from agricultural and garden wastes encouraged.
- Compost products must meet DA organic fertilizer standards.
Waste Management Facilities
- DENR, DOH and others to publish inventory of disposal facilities within 6 months.
- Open dumps banned; open dumps must be converted to controlled dumps in 3 years, controlled dumps banned after 5 years.
- Permits and Environmental Compliance Certificates required for facility operations.
- Criteria and standards set for controlled dumps, sanitary landfill siting, establishment, and operations including liners, leachate treatment, gas control, groundwater monitoring.
- Operating criteria include record keeping, signage, water and air quality monitoring, site security, road maintenance, sanitation facilities, communication, personnel training, and public safety.
Local Government Cooperation
- LGUs mandated to consolidate and coordinate efforts for common waste management problems and facilities.
- Technical assistance provided by the Department and Commission.
Incentives
- Rewards for outstanding projects.
- Fiscal incentives include import tax and duty exemptions on capital equipment and vehicles, tax credits, and exemption of donations.
- Non-fiscal incentives include simplified procedures.
- Financial assistance prioritized from government banks and institutions.
- Grants for LGUs with approved or innovative plans.
- Incentives for LGUs hosting common waste facilities.
Financing
- Solid Waste Management Fund created, sourced from fines, permits, donations, and appropriations.
- Fund used for technology, awards, research, education, technical assistance.
- LGUs with approved plans may access funding.
- Fund not to be used for salaries or positions.
- LGUs authorized to impose fees based on waste type, volume, and distance.
Prohibited Acts
- Includes littering, open burning, collecting unsorted waste, squatting in dumps, unauthorized removal of recyclables, operating open dumps, manufacturing or use of non-environmentally acceptable packaging, improper facility operations.
Penalties
- Fines range from Php300 to Php1,000,000 and imprisonment from days to six years depending on violation severity.
- Increased penalties for repeat offenses.
- Corporate officers held liable.
- Alien offenders subject to deportation after serving sentence.
- Fines adjusted every three years for inflation.
Administrative Sanctions
- Officials failing to enforce the Act may be charged administratively.
Public Participation and Citizen Suits
- Mandatory public hearings for plans.
- Citizens may file suits against violators, departments or public officers upon prior notice.
- Suits exempt from filing fees and injunction bonds.
- Prevailing citizen litigants awarded attorney fees and damages.
SLAPP Protection
- Courts to dismiss suits intended to harass persons enforcing this Act.
- Award attorney fees and double damages in such cases.
Research and Education
- Government and private entities encouraged and assisted in solid waste management research.
- Public education campaigns conducted by the Commission and partner agencies.
- Integration of environmental education in formal and non-formal education.
Role of Business and Industry
- Encouraged to initiate and participate in ecological solid waste projects.
- Manufacture environmentally friendly products and innovate processes.
Appropriations and Implementing Rules
- Initial 20 million pesos appropriated for Commission and LGUs.
- Annual budget to be proposed thereafter.
- Department to promulgate impleme