Ecological Solid Waste certain acts prohibited, and providing

penalties.
Management Act of 2000
RA 9003: CHAPTER TWO
REPUBLIC ACT NO. 9003 (INSTITUTIONAL MECHANISM)
 Policy of the state in adopting a  The establishment of a National
systematic, comprehensive and Solid Waste Management
ecological solid waste management Commission (NSWMC) and Solid
program that ensures the protection Waste Management Board (SWMB)
of public health and the environment in each local government unit (LGU)
and the proper segregation, is mandated by RA 9003
collection, transport, storage, represented by public officials, in
treatment and disposal of solid their ex-officio capacity, and the
waste through the formulation and private sector.
adoption of best environmental
 National Solid Waste Management
practices.
Commission - serve as the
 Passed by the Philippine Congress coordinating body and likewise
on December 20, 2000 develop and implement the National
 Approved by Pres. Gloria Solid Waste Management
Macapagal-Arroyo on January 26, Framework.
2001  Solid Waste Management Board-
 Contains seven (7) chapters sub- formulate a 10-year local Ecological
divided into 66 sections setting out Solid Waste Management Plans
policy direction for an effective solid instituting an effective and
waste management program in the sustainable solid waste
country. management plan with primary
RA 9003: CHAPTER ONE emphasis on implementation of all
(BASIC POLICIES) feasible re-use, recycling and
composting programs.
 Describes solid waste management  National Ecology Center-provide
as a discipline associated with the consulting, information, training, and
control of generation, storage, networking services for the
collection, transfer and transport, implementation of the provisions
processing, and disposal of solid o shall maintain a multi-
wastes. sectoral, multi-disciplinary
 accord with the best principles of pool of experts including
public health, economics, those from the academe,
engineering, conservation, inventors, practicing
aesthetics, other environmental professionals, business and
considerations, and public attitudes. industry, youth, women and
 The Act provides for a other concerned sectors,
comprehensive ecological solid who shall be screened
waste management program by according to qualifications
creating the necessary institutional set by the Commission.
mechanisms and incentives,
appropriating funds, declaring
RA 9003: CHAPTER THREE containers in selected collection
(COMPREHENSIVE SOLID WASTE points
MANAGEMENT)  All personnel directly dealing with
collection of solid waste must be
Waste Characterization and Segregation
equipped with personal protective
 The solid waste generated within the gears for their protection.
area of jurisdiction shall be
Recycling Program
characterized for initial source
reduction and recycling element of  The Department of Trade and
the local waste management plan. Industry (DTI), in coordination with
 A separate container is required for other concerned agencies, is
each type of waste for on-site directed to publish an inventory of
collection that are properly marked existing markets for recyclable
o Biodegradable materials, product standards for
o Non-Biodegradable recyclable and recycled materials,
o Recyclable and a proposal to stimulate demand
o Special Waste for the production of recycled
 Waste segregation shall primarily be materials and products.
conducted at the source including  Non-environmentally acceptable
household, commercial, industrial products shall be allowed within one
and agricultural sources. (1) year after public notice as
alternatives available to consumers
but at cost not exceeding ten (10)
percent of the disposable product.
Source Reduction
The use of non-environmentally
 Methods by which the LGUs can acceptable packaging is strictly
reduce a sufficient amount of solid prohibited by the Act.
waste disposed within five (5) years.  LGUs are mandated to establish
 LGUs are expected to divert at least Materials Recovery Facility (MRF) in
25% of all solid waste from waste each barangay or cluster of
disposal facilities through re-use, barangays designed to receive, sort,
recycling and composting activities. process and store compostable and
The rate of waste diversion is set to recyclable materials efficiently.
increase every three (3) years.  residual wastes shall then be
transferred to a long-term storage or
Collection and Transport of Solid Waste disposal facility or sanitary landfill.
 The geographic subdivisions are  All solid waste disposal facilities or
taken into account in the coverage of sites in the country shall be
the solid waste collection area in published by the Department of
every barangay ensuring 100% Natural Environment and Natural
collection efficiency within 24 hours Resources (DENR).
from all sources.  No open dumps nor any practice or
 The plan shall define and identify disposal of solid waste that
specific strategies and activities constitutes open dumps for solid
taking into account the availability waste shall be allowed.
and provision of properly designed
  The Act further provides for participation of individuals, private
conversion of existing open dumps organizations and entities, including
to controlled dumps within three (3) non-government organizations
years.   I. FISCAL INCENTIVES
 10-year tax and duty
Composting
exemption on imported
 The Department of Agriculture (DA) capital equipment,
shall publish an inventory of existing vehicles, legacies, gifts
markets and demands for composts and donations used for
that is updated annually. collection of solid waste
 These composts intended for  Tax credit equivalent to
commercial distribution should 50% of the national
conform to the standards set by the internal revenue taxes
DA for organic fertilizers. and custom duties.

Local Government Solid Waste II. NON-FISCAL INCENTIVES

Management  granted to businesses and industries
engaged in recycling of waste in the
 NSWMC is mandated to publish
form of simplified procedures for
guidelines for identification of areas
importation of equipment, spare
with common waste management
parts, new materials and supplies,
problems and appropriate units for
and for the export of processed
clustering solid waste management
products.
services.
o Such incentives shall include
 This is to reinforce provisions of the
simplified procedures for the
Local Government Code for all
provinces, cities, municipalities and importation of equipment,
spare parts, new materials,
barangays to consolidate or
coordinate efforts, services and and supplies, and for the
export of processed
resources to establish common
waste treatment and disposal products.
facilities.
III. OTHER INCENTIVES
RA 9003: CHAPTER FOUR  include extension of financial
(INCENTIVES) services to individuals, enterprises
or private entities engaged in solid
 Rewards, monetary or otherwise,
waste management and grant
shall be provided to individuals,
entitlement to outstanding LGUs.
private organizations and entities,
Those LGUs who host common
including non-government
waste management facilities can
organizations, that have undertaken
likewise receive incentives.
outstanding and innovative projects,
technologies, processes and RA 9003: CHAPTER FIVE
techniques or activities in re-use, (FINANCIAL SOLID WASTE
recycling and reduction. MANAGEMENT)
 An incentive scheme, pursuant to
Omnibus Investment Code, is
provided by the Act to encourage
  The Act provided a special account (7) Unauthorized removal of recyclable
in the National Treasury called the material intended for collection by
Solid Waste Management Fund. authorized persons;
 This will be sourced from fines and
(8) The mixing of source-separated
penalties imposed, proceeds of
recyclable material with other solid waste in
permits and licenses, donations,
any vehicle, box, container or receptacle
endowments, grants and
used in solid waste collection or disposal;
contributions and amount allocated
under the annual General (9) Establishment or operation of open
Appropriations Act. dumps as enjoined in this Act, or closure of
 The Fund will be utilized to finance said dumps in violation of Sec. 37;
products, facilities, technologies, and
(10) The manufacture, distribution or use of
processes that would enhance
non-environmentally acceptable packaging
proper solid waste management;
materials;
awards and incentives; research
programs; information, education, (11) Importation of consumer products
communication and monitoring packaged in non-environmentally
activities; technical assistance; and acceptable materials;
capability building activities.
(12) Importation of toxic wastes
RA 9003: CHAPTER SIX misrepresented as “recyclable” or “with
(PENAL PROVISIONS) recyclable content”;
PROHIBITED ACTS (13) Transport and dumping in bulk of
collected domestic, industrial, commercial
(1) Littering, throwing, dumping of waste
and institutional wastes in areas other than
matters in public places, such as roads,
centers of facilities prescribed under this
sidewalks, canals, esteros or parks, and
Act;
establishment, or causing or permitting the
same; (14) Site preparation, construction,
expansion or operation of waste
(2) Undertaking activities or operating,
management facilities without an
collecting or transporting equipment in
Environmental Compliance Certificate
violation of sanitation operation and other
required pursuant to Presidential Decree
requirements or permits set forth in or
No. 1586 and this Act and not conforming
established pursuant to this Act;
with the land use plan of the LGU;
(3) The open burning of solid waste;
(15) The construction of any establishment
within two hundred (200) meters from open
dumps or controlled dumps or sanitary
(4) Causing or permitting the collection of landfills; and
non-segregated or unsorted waste;
(16) The construction or operation of
(5) Squatting in open dumps and landfills; landfills or any waste disposal facility on any
(6) Open dumping, burying of biodegradable aquifer, groundwater reservoir or watershed
or non-biodegradable materials in flood- area and or any portions thereof;
prone areas; FINES AND PENALTIES
(a) Any person who violates Sec. 48, (P200,000.00) or imprisonment of not less
paragraph (1) shall, upon conviction, be than thirty (30) days but not more than
punished with a fine of not less than Three three(3) years, or both;
hundred pesos (P300.00) but not more than
(f) Any person who violates Sec. 48, pars.
One thousand pesos (P1,000.00) or render
(14), (15) and (16) shall, upon conviction, be
community service for not less than one (1)
punished with a fine not less than One
day to not more than fifteen (15) days to an
hundred thousand pesos (P100,000.00) but
LGU where such prohibited acts are
not more than One million pesos
committed, or both;
(P1,000,000.00), or imprisonment not less
(b) Any person who violates Sec. 48, pars. than one (1) year but not more than six (6)
(2) and (3), shall, upon conviction, be years, or both.
punished with a fine of not less than Three
If the offense is committed by a
hundred pesos (P300.00) but not more than
corporation, partnership, or other juridical
One thousand pesos (P1,000.00) or
entity duly organized in accordance with
imprisonment of not less than one (1) day to
law, the chief executive officer, president,
not more than fifteen (15) days, or both;
general manager, managing partner or such
(b) Any person who violates Sec. 48 pars. other officer-in-charge shall be liable for the
(4), (5), (6), and (7) shall, upon conviction, commission of the offense penalized under
be punished with a fine of not less than One this Act.
thousand pesos (P1,000.00) but not more
PREPARED BY:
than Three thousand pesos (P3,000.00) or
imprisonment of not less than fifteen (15) BAUTISTA, STEFFANY JOY
days but not more than six (6) months, or CRUZ, RICA MAY
both; DIVINAGRACIA, ANNA MARIE
JIMENEZ, ANALYN
MACALANDA, ERICKA JAENNE
(c) Any person who violates Sec. 48 pars. SERRANO, CHARLENE JOY
(8), (9), (10) and (11) for the first time shall,
BSA 1E
upon conviction, pay a fine of Five hundred
thousand pesos (P500,000.00) plus an
amount not less than five percent (5%) but
not more than ten percent (10%) of his net SUBMITTED TO:
annual income during the previous year. MS. MIZRACH USACDIN
(d) The additional penalty of imprisonment NSTP-CWTS INSTRUCTOR
of a minimum period of one (1) year, but not
to exceed three (3) years at the discretion of
the court, shall be imposed for second or
subsequent violations of Sec. 48,
-
paragraphs (9) and (10).
(e) Any person who violates Sec. 48, pars.
(12) and (13), shall, upon conviction, be
punished with a fine of not less than Ten
thousand pesos (P10,000.00) but not more
than Two hundred thousand pesos