Ecological Solid Waste Management Act: Environmental Protection Through

Proper Solid Waste Practice(R.A 9003)

Ecological Solid Waste Management Act: Environmental Protection

Through Proper Solid Waste Practices[1]

Introduction

Waste mismanagement has serious environmental effects making the passage of the
Republic Act (RA) 9003 or the Ecological Solid Waste Management Act of 2000 a
landmark environmental legislation in the Philippines. The law was crafted in response
to the looming garbage problems in the country. RA 9003 declares the policy of the
state in adopting a systematic, comprehensive and ecological solid waste management
program that ensures the protection of public health and the environment and the
proper segregation, collection, transport, storage, treatment and disposal of solid waste
through the formulation and adoption of best environmental practices. Moreover, it
illustrates the potentials and benefits of recycling not only in addressing waste
management problems but also in alleviating poverty.

RA 9003 was passed by the Philippine Congress on December 20, 2000 and was
subsequently approved by the Office of the President on January 26, 2001. It contains
seven (7) chapters sub-divided into 66 sections setting out policy direction for an
effective solid waste management program in the country.

Ecological Solid Waste Management Act of 2000

RA 9003 describes solid waste management as a discipline associated with the control
of generation, storage, collection, transfer and transport, processing, and disposal of
solid wastes. The manner by which these activities are conducted shall be in accord
with the best principles of public health, economics, engineering, conservation,
aesthetics, other environmental considerations, and public attitudes. The Act provides
for a comprehensive ecological solid waste management program by creating the
necessary institutional mechanisms and incentives, appropriating funds, declaring
certain acts prohibited, and providing penalties.

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Institutional Mechanism

The establishment of a National Solid Waste Management Commission (NSWMC) and

Solid Waste Management Board (SWMB) in each local government unit (LGU) is
mandated by RA 9003 to be represented by public officials, in their ex-officio capacity,
and the private sector. The Commission shall serve as the coordinating body and
likewise develop and implement the National Solid Waste Management Framework. The
SWMB, on the other hand, is directed to formulate a 10-year local Ecological Solid
Waste Management Plans instituting an effective and sustainable solid waste
management plan with primary emphasis on implementation of all feasible re-use,
recycling and composting programs. This is pursuant to relevant provisions under RA
7160 or the Local Government Code.

Comprehensive Solid Waste Management

Waste Characterization and Segregation. The solid waste generated within the area
of jurisdiction shall be characterized for initial source reduction and recycling element of
the local waste management plan. A separate container is required for each type of
waste for on-site collection properly marked as compostable, non-recyclable,
recyclable or special waste. Waste segregation shall primarily be conducted at the
source including household, commercial, industrial and agricultural sources.

Source Reduction. This refers to the methods by which the LGUs can reduce a
sufficient amount of solid waste disposed within five (5) years. LGUs are expected to
divert at least 25% of all solid waste from waste disposal facilities through re-use,
recycling and composting activities. The rate of waste diversion is set to increase every
three (3) years.

Collection and Transport of Solid Waste. The geographic subdivisions are taken into
account in the coverage of the solid waste collection area in every barangay ensuring
100% collection efficiency within 24 hours from all sources. The plan shall define and
identify specific strategies and activities taking into account the availability and provision
of properly designed containers in selected collection points while awaiting collection
and transfer, segregation of different types of waste, hauling and transfer of solid waste
from collection points to final disposal sites, issuance and enforcement of ordinances for

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effective implementation, and provision of properly trained officers and workers. All
personnel directly dealing with collection of solid waste must be equipped with personal
protective gears for their protection.

Recycling Program. The Department of Trade and Industry (DTI), in coordination with
other concerned agencies, is directed to publish an inventory of existing markets for
recyclable materials, product standards for recyclable and recycled materials, and a
proposal to stimulate demand for the production of recycled materials and products.
Moreover, a coding system for eco-labeling is expected from DTI. Non-environmentally
acceptable products shall be allowed within one (1) year after public notice as
alternatives available to consumers but at cost not exceeding ten (10) percent of the
disposable product. The use of non-environmentally acceptable packaging is strictly
prohibited by the Act.

LGUs are mandated to establish Materials Recovery Facility (MRF) in each barangay or
cluster of barangays designed to receive, sort, process and store compostable and
recyclable materials efficiently. The residual wastes shall then be transferred to a long-
term storage or disposal facility or sanitary landfill. All solid waste disposal facilities or
sites in the country shall be published by the Department of Natural Environment and
Natural Resources (DENR). No open dumps nor any practice or disposal of solid waste
that constitutes open dumps for solid waste shall be allowed. The Act further provides
for conversion of existing open dumps to controlled dumps within three (3) years.

Composting. The Department of Agriculture (DA) shall publish an inventory of existing

markets and demands for composts that is updated annually. These composts intended
for commercial distribution should conform to the standards set by the DA for organic
fertilizers.

Local Government Solid Waste Management

To encourage and facilitate the development of local plans, NSWMC is mandated to

publish guidelines for identification of areas with common waste management problems
and appropriate units for clustering solid waste management services. This is to
reinforce provisions of the Local Government Code for all provinces, cities,
municipalities and barangays to consolidate or coordinate efforts, services and
resources to establish common waste treatment and disposal facilities.

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Incentive Scheme

An incentive scheme, pursuant to Omnibus Investment Code, is provided by the Act to

encourage participation of individuals, private organizations and entities, including non-
government organizations,in developing outstanding and innovative projects,
technologies, processes and techniques or activities in re-use, recycling and reduction.
This includes 10-year tax and duty exemption on imported capital equipment, vehicles,
legacies, gifts and donations used for collection of solid waste and tax credit equivalent
to 50% of the national internal revenue taxes and custom duties. Non-fiscal incentives
are granted to businesses and industries engaged in recycling of waste in the form of
simplified procedures for importation of equipment, spare parts, new materials and
supplies, and for the export of processed products.

Other forms of incentives include extension of financial services to individuals,

enterprises or private entities engaged in solid waste management and grant
entitlement to outstanding LGUs. Those LGUs who host common waste management
facilities can likewise receive incentives.

Penal Provisions

Chapter 6 provides a comprehensive list of prohibited acts including: (1) littering,

throwing, dumping of waste matters in public places; (2) undertaking activities in
violation of sanitation operation; (3) open burning of solid waste; (4) causing non-
segregated waste; (5) squatting in open dumps and landfills; (6) open dumping, burying
of biodegradable materials in flood-prone areas; (7) unauthorized removal of recyclable
material; (8) mixing of source-separated recyclable material with other solid waste; (9)
establishment or operation of open-dumps; (10) manufacturing, distributing, using, and
importing consumer products that are non-environmentally-friendly materials; (11)
importing toxic wastes misrepresented as recyclable or with recyclable content; (12)
transporting and dumping in bulk in areas other than facility centers; (13) site
preparation, construction, expansion or operation of waste management facilities
without an Environmental Compliance Certificate and not conforming with the land use
plan of LGUs; (14) construction of establishment within 200 meters from dump sites or
sanitary landfills; and (15) operation of waste disposal facility on any aquifer,
groundwater reservoir or watershed area.

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Financing Solid Waste Management

The Act provided a special account in the National Treasury called the Solid Waste
Management Fund. This will be sourced from fines and penalties imposed, proceeds of
permits and licenses, donations, endowments, grants and contributions and amount
allocated under the annual General Appropriations Act. The Fund will be utilized to
finance products, facilities, technologies, and processes that would enhance proper
solid waste management; awards and incentives; research programs; information,
education, communication and monitoring activities; technical assistance; and capability
building activities.

Conclusion

Human activities contribute significantly in waste management. Recognizing the effects

of improper management, garbage crisis can be prevented by practicing waste
characterization and segregation at source, proper collection and transfer, recycling,
and composting as mandated by the law.

[1] A short policy paper submitted to the Food and Fertilizer Technology Center (FFTC)
for the project titled Asia-Pacific Information Platform in Agricultural Policy. Short policy
papers, as corollary outputs of the project, describe pertinent Philippine laws and
regulations on agriculture, aquatic and natural resources.

[2] Philippine Point Person to the FFTC Project on Asia-Pacific Information Platform in
Agricultural Policy and Director, Science Research Specialist, and Science Research
Analyst, respectively of the Socio-Economics Research Division-Philippine Council for
Agriculture, Aquatic and Natural Resources Research and Development (SERD-
PCAARRD) of the Department of Science and Technology (DOST), Los Baos, Laguna,
the Philippines.

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PROHIBITED ACTS FINES AND PENALTIES

PROHIBITED ACTS | FINES AND PENALTIES | REPUBLIC ACT 6969 TOXIC

SUBSTANCES, HAZARDOUS AND NUCLEAR WASTE CONTROL ACT OF 1990

Section 13. Prohibited Acts. The following acts and omissions shall be considered
unlawful:

a. Knowingly use in chemical substance or mixture which is imported, manufactured,

processed or distributed in violation of this Act or implementing rules and regulations or
orders;

b. Failure or refusal to submit reports, notices or on the information, access to records

as required by this Act, or permit inspection of establishment where chemicals are
manufactured, processed, stored or otherwise held;

c. Failure or refusal to comply with the pre-manufacture and pre-importation

requirements; and

d. Cause, aid or facilitate, directly or indirectly, in the storage, importation or bringing

into Philippine territory, including its maritime economic zones, even in transit, either by
means of land, air or sea transportation or otherwise keeping in storage any amount of
hazardous and nuclear wastes in any part of the Philippines.

Section 14. Criminal Offenses and Penalties.

a)

i. The penalty of imprisonment of six (6) months and one day to six (6) years and one
day and a fine ranging from Six hundred pesos (Php600.00) to Four thousand pesos
(PhP4,000.00) shall be imposed upon any person who shall violate section 13(a) to (c)
of this Act and shall not be covered by the Probation Law. If the offender is a foreigner,
he or she shall be deported and barred from any subsequent entry into the Philippines
after serving his or her sentence;

ii. In case any violation of this Act is committed by a partnership, corporation,

association or any juridical person, the partner, president, director or manager who shall
consent to or shall knowingly tolerate such violation shall be directly liable and
responsible for the act of the employees and shall be criminally liable as a co-principal;

iii. In case the offender is a government official or employee, he or she shall, in addition
to the above penalties, be deemed automatically dismissed from office and permanently
disqualified from holding any elective or appointive position.

b)

i. The penalty of imprisonment of twelve (12) years and one day to twenty (20) years,
shall be imposed upon any person who shall violate section 13 (d) of this Act. If the
offender is a foreigner, he or she shall be deported and barred from any subsequent
entry into the Philippines after serving his or her sentence;
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ii. In the case of corporations or other associations, the above penalty shall be imposed
upon the managing partner, president or chief executive in addition to an exemplary
damage of at least Five hundred thousand pesos (PhP500,000.00). If it is a foreign firm,
the director and all officers of such foreign firm shall be barred from entry into the
Philippines, in addition to the cancellation of its license to do business in the Philippines;

iii. In case the offender is a government official or employee, he or she shall in addition
to the above penalties be deemed automatically dismissed from office and permanently
be disqualified from holding any elective or appointive position.

c) Every penalty imposed for the unlawful importation, entry, transport, manufacture,
processing, sale or distribution of chemical substances or mixtures into or within the
Philippines shall carry with it the confiscation and forfeiture in favor of the Government
of the proceeds of the unlawful act and instruments, tools or other improvements
including vehicles, sea vessels and aircraft used in or with which the offense was
committed. Chemical substances so confiscated and forfeited by the Government at its
option shall be turned over to the Department of Environment and Natural Resources
for safekeeping and proper disposal.

d) The person or firm responsible or connected with the bringing or importation into the
country of hazardous or nuclear wastes shall be under obligation to transport or send
back said prohibited wastes;

Any and all means of transportation, including all facilities and appurtenances that may
have been used in transporting to or in the storage in the Philippines of any significant
amount of hazardous or nuclear wastes shall at the option of the government be
forfeited in its favor.

Section 15. Administrative Fines. In all cases of violations of this Act, including
violations of implementing rules and regulations which have been duly promulgated and
published in accordance with Section 16 of this Act, the Secretary of Environment an
Natural Resources is hereby authorized to impose a fine of not less than Ten thousand
pesos (Php10,000.00), but not more than Fifty thousand pesos (PhP50,000.00) upon
any person or entity found guilty thereof. The administrative fines imposed and collected
by the Department of Environment and Natural Resources shall accrue to a special fund
to be administered by the Department exclusively for projects and research activities
relative to toxic substances and mixtures.

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PROHIBITED ACTS | FINES AND PENALTIES | REPUBLIC ACT 9003
ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000
Section 48. Prohibited Acts The following acts are prohibited:

1. Littering, throwing, dumping of waste matters in public places, such as roads,

sidewalks, canals, esteros or parks, and establishment, or causing or permitting the
same;

2. Undertaking activities or operating, collecting or transporting equipment in violation of

sanitation operation and other requirements or permits set forth in established pursuant;

3.The open burning of solid waste;

4. Causing or permitting the collection of non-segregated or unsorted wastes;

5. Squatting in open dumps and landfills;

6. Open dumping, burying of biodegradable or non-biodegradable materials in flood

prone areas;

7. Unauthorized removal of recyclable material intended for collection by authorized

persons;

8. The mixing of source-separated recyclable material with other solid waste in any
vehicle, box, container or receptacle used in solid waste collection or disposal;

9. Establishment or operation of open dumps as enjoined in this Act, or closure of said

dumps in violation of Sec. 37;

10. The manufacture, distribution or use of non-environmentally acceptable packaging

materials;

11. Importation of consumer products packaged in non-environmentally acceptable

materials;

12. Importation of toxic wastes misrepresented as "recyclable" or "with recyclable

content";

13. Transport and dumplog in bulk of collected domestic, industrial, commercial, and
institutional wastes in areas other than centers or facilities prescribe under this Act;

14. Site preparation, construction, expansion or operation of waste management

facilities without an Environmental Compliance Certificate required pursuant to
Presidential Decree No. 1586 and this Act and not conforming with the land use plan of
the LGU;

15. The construction of any establishment within two hundred (200) meters from open
dumps or controlled dumps, or sanitary landfill; and

16. The construction or operation of landfills or any waste disposal facility on any
aquifer, groundwater reservoir, or watershed area and or any portions thereof.

Section 49. Fines and Penalties

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1. Any person who violates Sec. 48 paragraph (1) shall, upon conviction, be punished
with a fine of not less than Three hundred pesos (P300.00) but not more than One
thousand pesos (P1,000.00) or render community service for not less than one (1) day
to not more than fifteen (15) days to an LGU where such prohibited acts are committed,
or both;

2. Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction be
punished with a fine of not less than Three hundred pesos (P300.00) but not more than
One thousand pesos (P1,000.00) or imprisonment of not less than one (1) day but to
not more than fifteen (15) days, or both;

3. Any person who violates Sec. 48, pars. (4), (5), (6) and (7) shall, upon conviction, be
punished with a fine of not less than One thousand pesos (P1,000.00) but not more
than Three thousand pesos (P3,000.00) or imprisonment of not less than fifteen (15)
day but to not more than six (6) months, or both;

4. Any person who violates Sec. 48, pars (8), (9), (10) and (11) for the first time shall,
upon conviction, pay a fine of Five hundred thousand pesos (P500,000.00) plus and
amount not less than five percent (5%) but not more than ten percent (10%) of his net
annual income during the previous year.

5. The additional penalty of imprisonment 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, pars. (9) and (10).

6. Any person who violates Sec. 48, pars. (12) and (13) shall, upon conviction, be
punished with a fine not less than Ten thousand pesos (P10,000.00) but not more than
Two hundred thousand pesos (P200,000.00) or imprisonment of not less than thirty (30)
days but not more than three (3) years, or both;

7. Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon conviction, be
punished with a fine not less than One hundred thousand pesos (P100,000.00) but not
more than One million pesos (P1,000,000.00), or imprisonment not less than one (1)
year but not more than six (6) years, or both.

8. If the offense is committed by a corporation, partnership, or other juridical identity

duly recognized in accordance with the law, the chief executive officer, president,
general manager, managing partner or such other officer-in-charge shall be liable for the
commission of the offense penalized under this Act.

9. If the offender is an alien, he shall, after service of the sentence prescribed above, be
deported without further administrative proceedings.

10. The fines herein prescribed shall be increased by at lest ten (10%) percent every
three (3) years to compensate for inflation and to maintain the deterrent functions of
such fines.

Section 50. Administrative Sanctions Local government officials and officials of

government agencies concerned who fail to comply with and enforce rules and
regulations promulgated relative to this Act shall be charged administratively in
accordance with R.A. 7160 and other existing laws, rules and regulations.

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Republic Act No. 9175 November 7, 2002

AN ACT REGULATING THE OWNERSHIP, POSSESSION, SALE, IMPORTATION

AND USE OF CHAIN SAWS, PENALIZING VIOLATIONS THEREOF AND FOR
OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in

Congress assembled:

Section 1. Title. - This Act shall be known as the "Chain Saw Act of 2002".

Section 2. Declaration Policy. It is the policy of the State consistent with the
Constitution, to conserve, develop and protect the forest resources under sustainable
management. Toward this end, the State shall pursue an aggressive forest protection
program geared towards eliminating illegal logging and other forms of forest destruction
which are being facilitated with the use of chain saws. The State shall therefore regulate
the ownership, possession, sale, transfer, importation and/or use of chain saws to
prevent them from being used in illegal logging or unauthorized clearing of forests.

Section 3. Definition of Terms. - As used in this Act, the term:

(a) "Chain saw" shall refer to any portable power saw or similar cutting
implement, rendered operative by an electric or internal combustion engine or
similar means, that may be used for, but is not limited to, the felling of trees or the
cutting of timber;

(b) "Chain saw dealer" shall refer to a person, natural or juridical, engaged in the
manufacture, importation, distribution, purchase and/or sale of chain saws;

(c) "Department" shall refer to the Department of Environment and Natural

Resources; and

(d) "Secretary" shall refer to the Secretary of the Department of Environment and
Natural Resources.

Section 4. Persons Authorized to Manufacturer, Sell and Import Chain Saws. - Chain
saws shall only be sold and/or imported by manufacturers, dealers and/or private
owners who are duly authorized by the Department.

Section 5. Persons Authorized to Possess and Use a Chain Saw. - The Department is
hereby authorized to issue permits to possess and/or use a chain saw for the felling
land/or cutting of trees, timber and other forest or agro-forest products to any applicant
who:

(a) has a subsisting timber license agreement, production sharing agreement, or

similar agreements, or a private land timber permit;

(b) is an orchard and fruit tree farmer;

(c) is an industrial tree farmer;

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 (d) is a licensed wood processor and the chain saw shall be used for the cutting
of timber that has been legally sold to said applicant; or

(e) shall use the chain saw for a legal purpose.

Agencies of the government that use chain saws in some aspects of their functions
must likewise secure the necessary permit from the Department before operating the
same.

Section 6. Registration of Chain Saws. - Within a period of three (3) months from the
effectivity hereof, all persons who own or are otherwise in possession of chain saws
must register the same with the Department, through any of its Community Environment
and Natural Resources Office, which shall issue the corresponding registration
certificate or permit if it finds such persons to be qualified hereunder.

Every permit to possess and/or use a chain saw for legitimate purpose shall be valid for
two (2) years upon issuance: Provided, That permits to possess and use chainsaw
issued to non-commercial orchard and fruit tree farmers shall be valid for a period of five
(5) years upon issuance. For this purpose, the Department shall be allowed to collect
reasonable registration fees for the effective implementation of this Act.

Section 7. Penal Provisions. -

(a) Selling, Purchasing, Re-selling, Transferring, Distributing or Possessing a

Chain Saw Without a Proper Permit. - Any person who sells, purchases, transfer
the ownership, distributes or otherwise disposes or possesses a chain saw
without first securing the necessary permit from the Department shall be
punished with imprisonment of four (4) years, two (2) months and one (1) day to
six (6) years or a fine of not less than Fifteen thousand pesos (P15,000.00) but
not more Thirty thousand pesos (30,000.00) or both at the discretion of the court,
and the chain saw/s confiscated in favor of the government.

(2) Unlawful Importation or Manufacturing of Chain Saw. - Any person who

imports or manufactures a chain saw without obtaining prior authorization from
the Department shall be punished by imprisonment of not less than one (1)
month nor more than six (6) months and a fine of not less than One thousand
pesos (P1,000.00) for more than Four thousand pesos (P4,000.00).

(3) Tampering of Engine Serial Number. - Any person who is found to have
defaced or tampered with the original registered engine serial number of any
chain saw unit shall be punished by imprisonment of not less than one (1) month
nor more than six (6) months and a fine of not less than One thousand pesos
(P1,000.00) nor more than Four thousand pesos (P4,000.00).

(4) Actual Unlawful Use of Chain Saw. - Any person who is found to be in
possession of a chain saw and uses the same to cut trees and timber in forest
land or elsewhere except as authorized by the Department shall be penalized
with imprisonment of six (6) years and one (1) day to eight (8) years or a fine of
not less that Thirty thousand pesos (P30,000.00) but not more than Fifty
thousand pesos (P50,000.00) or both at the discretion of the court without
prejudice to being prosecuted for a separate offense that may have been

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 simultaneously committed. The chain saw unlawfully used shall be likewise
confiscated in favor of the government.

If the violation under this Section is committed by or through the command or order of
another person, partnership or corporation, the penalties herein provided shall likewise
be imposed on such other person, or the responsible officer(s) in such partnership or
corporation.

If the offender is a public official or employee, in addition to the above penalties, he shall
be removed from office and perpetually disqualified from holding any public office.

The chain saws confiscated under this Section shall be sold at public auction to
qualified buyers and the proceeds thereof shall go to the Department.

Section 8. Reward. - Any person who voluntarily gives information leading to the
recovery or confiscation of an unregistered chain saw and the conviction of persons
charged thereof shall be entitled to a reward equivalent to twenty person (20%) of the
value of the chain saw unit(s). The Department is authorized to include in its budget the
amount necessary to carry out the purpose of this Section.

Section 9. Authority of the Secretary. - To effectively implement the provisions of this

Act, the Secretary shall issue the implementing rules and regulations within ninety (90)
days upon approval of this Act. He shall likewise organize an office within the
Department to ensure that requirements imposed by this Act may be complied with by
qualified persons, within the shortest possible time, at the least possible expense.

In the Province of Palawan, the provisions of this Act shall be implemented by the
Palawan Council for Sustainable Development pursuant to Republic Act No. 7611 or the
Strategic Environmental Plan for Palawan.

Section 10. Revocation of Registration and Permit. - The Secretary may revoke any
Certificate of Registration or permit previously issued to a person found violating the
provisions of this Act, or the rules and regulations issued pursuant thereto.

Section 11. Joint Congressional Oversight Committee. - To monitor and oversee the
implementation of this Act, including the approval of the rules and regulations issued
pursuant hereto, there is hereby created a Joint Congressional Oversight Committee to
be composed of the Chairpersons of the Senate Committee on Environment and
Natural Resources and the House Committee on Natural Resources as Chairperson
and Co-Chairperson, five (5) members of each of the Senate and the House of
Representatives who shall be designated by the Senate President and the Speaker of
the House of Representatives as members: Provided, That the two (2) of the five (5)
senators and two (2) of the five (5) House members shall be nominated by the
respective Minority Leaders of the Senate and the House of Representatives.

Section 12. Transitory Provision. - In the interim while the Department is formulating the
implementing rules and regulations to effectively carry out the provisions of this Act, the
Bureau of Customs is prohibited from approving any chain saw importation without
clearance from said Department.

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Section 13. Separability Clause. - If, for any reason, any part or provision of this act
shall be declared as unconstitutional or invalid, such parts or provisions not affected
thereby shall remain in full force and effect.

Section 14. Repealing Clause. - all laws, executive orders, presidential decrees, letters
of instruction, rules and regulations, or parts thereof which are inconsistent with any of
the provisions of this Act are hereby repealed and/or amended accordingly.

Section 15. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) national newspapers of general
circulation, whichever comes earlier.

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