ECOLOGICAL SOLID
WASTE MANAGEMENT
ACT OF 2000
(Republic Act No. 9003)
City Prosecutor Joy Marie Frances C. Cortes
City of Dasmarinas, Cavite
At the end of this PPT, the participants
will be able to:
(a) discuss key features and salient provisions
of Republic Act No. 9003 or the Ecological
Solid Waste Management Act of 2000;
(b)explain the prohibited acts and
corresponding penalties; and
(c) apply the principles discussed in
prosecution of cases for violation of RA 9003
Solid Waste Management (SWM) is considered
to be one of the most serious environmental
issues in the Philippines. The annual waste
generation was estimated at 10 million tons in
2010 and was expected to rise by 40% in 2020.
The Republic Act (RA) 9003, otherwise known as
the Ecological Solid Waste Management Act of
2000, provides the necessary in policy
framework, institutional mechanisms and
mandate to the local government units (LGUs) to
achieve 25% waste reduction through
establishing an integrated solid waste
management plans based on 3Rs (reduce, reuse
and recycle). While the efforts of the LGUs are
still very limited with a mix of results in
implementing the national mandate.
Policy Implementation of the Republic Act (RA) 9003 in the Philippines: A Ca
se Study of Cebu City | IGES
/ Author:Premakumara Jagath Dickella GAMARALALAGE, Alloysius Mairae
L. Canete, Masaya Nagaishi/Publication March 2013
OBJECTIVES OF RA 9003:
(a) Ensure the protection of public health
and environment;
(b) Utilize environmentally-sound methods
that maximize the utilization of valuable
resources and encourage resource
conservation and recovery;
(c) Set guidelines and targets for solid waste
avoidance and volume reduction through source
reduction and waste minimization measures,
including composting, recycling, re-use,
recovery, green charcoal process, and others,
before collection, treatment and disposal in
appropriate and environmentally sound solid
waste management facilities in accordance with
ecologically sustainable development principles;
(d) Ensure the proper segregation, collection,
transport, storage, treatment and disposal of solid
waste through the formulation and adoption of the
best environmental practice in ecological waste
management excluding incineration;
(e) Promote national research and development
programs for improved solid waste management
and resource conservation techniques, more
effective institutional arrangement and indigenous
and improved methods of waste reduction,
collection, separation and recovery;
(f) Encourage greater private sector
participation in solid waste management;
(g)Retain primary enforcement and
responsibility of solid waste management
with local government units while
establishing a cooperative effort among
the national government, other local
government units, non-government
organizations, and the private sector;
(h) Encourage cooperation and self-regulation
among waste generators through the
application of market-based instruments;
(i) Institutionalize public participation in the
development and implementation of national
and local integrated, comprehensive and
ecological waste management programs; and
(j) Strengthen the integration of ecological
solid waste management and resource
conservation and recovery topics into the
academic curricula of formal and non-formal
education in order to promote environmental
awareness and action among the citizenry.
REPUBLIC ACT 9003: THE
ECOLOGICAL SOLID WASTE
MANAGEMENT ACT OF 2000
• Institutes measures to promote a more acceptable system which
corresponds to the vision of sustainable development.
• Aims to merge environmental protection with economic
pursuits, recognizing the re-orientation of the community’s view
on solid waste, thereby providing schemes for waste
minimization, volume reduction, resource recovery utilization
and disposal
ECOLOGICAL SOLID WASTE
MANAGEMENT ACT (RA 9003)
1. Reduction of wastes being generated
2. Reduction of wastes to be disposed, via:
a. recycling
b. composting undertaken through materials recovery
facilities (MRF)
3. Safe disposal of residual wastes (e.g. sanitary landfill or
eco-center)
Objective: “Zero Basura”
ECOLOGICAL SOLID WASTE MANAGEMENT
ACT OF 2000
• Mandatory segregation at source
(Section 21 RA9003)
• Mandatory segregated collection;
section 1 Rule X, IRR)
• Establishment of materials recovery
facilities; (Section 32 RA 9003)
• Closure/conversion of open dumps to
CDF (Sec.37) final disposal systems
NSWMC Members
National Ecology Center and Regional Ecology
Centers
•Training and education
••Data base
• •National Recycling Network
••Models
Role of the LGU
primarily responsible for the implementation and enforcement of
the provisions of this Act within their respective jurisdictions
barangay level shall conduct segregation and collection of solid
waste for biodegradable, compostable and reusable wastes
municipality or city shall be responsible for the collection of non-
recyclable materials and special wastes
Creation of the SWM Boards/Committee the Local
Government Level
Comprehensive SWM
MANDATORY SEGREGATION AT SOURCE (SECTION 21-22)
•Collection and transport of Solid Wastes (Section 23-25)
•Recycling Program (section 26-33)
*Eco-Labelling
*Reclamation and buy-back centers for recyclables
*Non-Environmentally Acceptable Products
*Recycling Market Development
*Establishment of LGU MRF
•Waste Management Facilities (Section 36-42)
*Prohibition against the use of open dumps for solid waste
*Siting, establishment and operating a sanitary landfill
Comprehensive SWM
National solid waste
management status report
•National solid waste
management framework
•Local government solid
waste management plans
•Waste diversion
Recycling Program
1. Eco-Labelling
• Coding system for packaging materials and products to facilitate waste
recycling and reuse.
2. Reclamation and buy-back centers for recyclables
• to provide separate collection system or convenient drop-off locations for
recyclable materials.
3. Prohibition on the Use of Non-Environmentally Acceptable Products
4. Recycling Market Development
• Establishment of procedures, standards and strategies to market recyclable
materials and develop local market.
5. Establishment of LGU MRF
• to receive mixed waste for final sorting, segregation, composting and recycling
SWM Facilities
• Section 37. Prohibition Against the use of Open Dumps for
Solid Waste
• No open dumps shall be established and operated, nor any
practice or disposal of solid waste by any person, including
LGUs, which constitutes the use of open dumps for solid
waste, be allowed after the effectivity of this Act: Provided
that within three (3) years after the effectivity of this Act,
every LGU shall convert its open dumps into controlled
dumps, in accordance with the guidelines set in Section 41 of
this Act: Provided, further, That no controlled dumps shall be
allowed five (5) years following the effectivity of this Act.
Solid Waste Management Financing Incentives and
Cost Recovery
1. Incentives Fiscal incentives Non-fiscal incentives
2. National Solid Waste Management Fund Special
account in the National treasury to finance: products,
facilities technologies and processes to enhance proper
SWM; awards and incentives; research programs;
IEC; technical assistance; capability building activities
3. Local solid waste management fund 4. Authority to
collect SWM fees
•
Citizen’s Suit ( Section 52)
• Any citizen may file an appropriate civil, criminal or
administrative action against:
Any person who violates or fails to comply with the
provisions of the Act or its IRR; or
• The DENR or other implementing agencies with respect to
orders, rules and regulations issued; or
• Any public officer who willfully or grossly neglects the
performance of an act.
Executive Order 774 and 785
provides for 50% reduction of waste
generation within 6 months.
development of a National Framework on
Climate Change.
Key Features of the Solid Waste
Management Act
1. Creation of the following:
National Solid Waste Management
Commission ( NSWMC);
National Ecology Center (NEC); and the
Solid Waste Management Board (NSWB)
in every Province, City and Municipality in
the country.
The NSWC shall be responsible in the
formulation of the Solid Waste Frameworks (NSWF)
and other policies on solid waste (SW), in overseeing
the implementation of solid waste management plans
of the solid waste management fund.
The NEC, on the other hand, shall be
responsible for constituting information, training
and networking services relative to the
implementation of RA No. 9003.
The NSWB of provinces, cities and
municipalities shall be responsible for the
development of their respective solid waste
management plans.
SALIENT PROVISIONS of
Republic Act No. 9003
The Ecological Solid Waste Management Act of
2000 provides the legal framework for systematic,
comprehensive and ecological solid waste
management program of the Philippines, which
shall ensure protection of public health and the
environment. It emphasizes the need to create the
necessary institutional mechanisms and incentives,
and imposes penalties for acts in violation of any
of its provisions.
Promote national research and development
programs for improved solid waste
management; encourage greater sector
participation; retain primary enforcement and
responsibility of SWM with local government
units; encourage cooperation and self-
regulation among waste generators;
institutionalize public participation; and
strengthen the integration of ecological solid
waste management, resourced conservation and
recovery topics into the academic curricula.
Specifically mandates all, especially the
local government units, to adopt a
systematic, comprehensive and ecological
solid waste management program which
shall ensure protection of public health and
environmentally sound methods; set targets
and guidelines for solid waste avoidance
and reduction; ensure proper segregation,
collection, transport and storage of solid
waste.
PENAL PROVISIONS
Company X entered into an agreement with the US Coal Company to build and operate a coal-
fired power plant in Batangas City. The US Coal Company surveyed the area and found in
particular, a suitable site to build the project, thus issuing an Environmental Impact Statement
for the project (EIS) to secure the Environmental Compliance Certificate (ECC) from the
DENR. Eventually, the DENR agreed to pursue the project, granting them an ECC on the basis
of that EIS.
Later on, changes were made to the project. DENR granted these changes, and issued an
amended ECC.
Janine Santos, a concerned citizen, filed before the Supreme Court a petition for the writ of
Kalikasan against Company X and US Coal Company, as well as the Secretary of the DENR.
Janina alleges that the power plant project would cause grave environmental damage and that it
would adversely affect the health and residents of the municipalities concerned. Not only that,
but he also claims that the Environmental Compliance Certificate had significant irregularities,
particularly, that it was secured without prior approval of the Sangguniang involved and that it
did not get a prior certification from the NCIP. Significantly, the DENR issues a new ECC based
on the amendments to the project, even without Company X and US Coal Company securing a
new EIS.
Source: Paje v. Casino)
Question:
1. Can the Writ of Kalikasan be a remedy to question defects in ECCs?
1. Yes, the Writ of Kalikasan can be a remedy to question defects in ECCs.
In Environmental law, The purpose of securing an Environmental clearance
certificate in a proposed project is to make sure that the project will not cause a
significant or negative impact on the environment.
A Writ of Kalikasan is issued when:
•1. there is an actual or threatened violation of the constitutional right to a
balanced and healthful ecology.
•2. the actual or threatened violation arises from an unlawful act or omission of a
public official or employee, or private individual or entity;
•3. the actual or threatened violation involves or will lead to an environmental
damage of such magnitude as to prejudice the life, health or property of
inhabitants in two or more cities or provinces.
• In this case, The establishment of the proposed power plant
without/defective issuance of an ECC arise an actual or
threatened violation on the constitutional right to a healthful
ecology , that the actual or threatened violation arises due to the
unlawful act or omission of a public official(DENR), that this
violation involves or will lead to an environmental damage of
such magnitude as to prejudice the life, health or property of
inhabitants in two or more cities.
• Hence, all the requisites for a valid issuance of a writ of
kalikasan is present if there is a defect in the issuance of an ECC.
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