AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE MANAGEMENT PROGRAM

REPUBLIC ACT 9003 January 26, 2001

AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE MANAGEMENT PROGRAM, CREATING THE NECESSARY INSTITUTIONAL MECHANISMS AND INCENTIVES, DECLARING CERTAIN ACTS PROHIBITED AND PROVIDING PENALTIES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:

CHAPTER I
BASIC POLICIES

Article 1
General Provisions

Section 1. Short Title - This Act shall be known as the "Ecological Solid Waste Management Act of 2000."

Section 2. Declaration of Policies - It is hereby declared the policy of the State to adopt a systematic, comprehensive and ecological solid waste management program which shall:

(a) Ensure the protection of the 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...

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Summary of Republic Act 9003 (Ecological Solid Waste Management Act of 2000)

Basic Policies and General Provisions (Sections 1-3)
- Declares the policy of adopting a systematic, comprehensive and ecological solid waste management program.
- Defines key terms used in the law, including "solid waste", "segregation", "recycling", "composting", and others.

Institutional Mechanism (Sections 4-13)
- Establishes the National Solid Waste Management Commission under the Office of the President.
- Outlines the powers and functions of the Commission, including preparing the national solid waste management framework, approving local plans, and managing the Solid Waste Management Fund.
- Mandates the establishment of Provincial, City, and Municipal Solid Waste Management Boards.
- Requires the establishment of a National Ecology Center and outlines its functions.
- Defines the roles of the Department of Environment and Natural Resources (DENR) and Local Government Units (LGUs).

Comprehensive Solid Waste Management (Sections 14-42)
- Requires the preparation of a National Solid Waste Management Status Report and a National Solid Waste Management Framework.
- Mandates LGUs to prepare 10-year solid waste management plans consistent with the national framework.
- Outlines the components of the local government solid waste management plan, including waste characterization, collection, processing, source reduction, recycling, composting, disposal, and financing.
- Prohibits the use of open dumps and requires the conversion of open dumps into controlled dumps within three (3) years, and the eventual closure of controlled dumps within five (5) years.
- Establishes criteria for siting and establishing sanitary landfills and operating criteria for sanitary landfills.
- Requires the establishment of Materials Recovery Facilities in every barangay or cluster of barangays.
- Mandates the segregation of solid waste at source and outlines requirements for collection and transport.
- Requires the inventory of existing markets for recyclable materials and compost.
- Prohibits the use of non-environmentally acceptable packaging and products, with a phase-out period.
- Encourages the establishment of multi-purpose environment cooperatives or associations in every LGU.

Incentives (Section 45)
- Provides fiscal incentives, including tax and duty exemptions on imported capital equipment and vehicles, tax credits on domestic equipment, and tax and duty exemptions on donations and gifts.
- Offers non-fiscal incentives, financial assistance programs, grants to LGUs, and incentives to host LGUs.

Financing Solid Waste Management (Sections 46-47)
- Creates the Solid Waste Management Fund to finance various solid waste management activities.
- Authorizes LGUs to impose fees sufficient to cover the costs of implementing their solid waste management plans.

Penal Provisions (Sections 48-50)
- Lists prohibited acts related to solid waste management, including littering, open burning, open dumping, and violating permits and regulations.
- Imposes fines and penalties for violations, ranging from P300 to P1,000,000 and/or imprisonment, depending on the offense.
- Provides for administrative sanctions against local government officials and agency officials who fail to comply with and enforce the law.

Miscellaneous Provisions (Sections 51-65)
- Requires mandatory public hearings for national and local solid waste management plans.
- Allows citizens to file civil, criminal, or administrative actions against violators or non-compliant government agencies.
- Provides protection against Strategic Lawsuits Against Public Participation (SLAPP).
- Encourages research on solid waste management and public education and information campaigns.
- Requires the integration of environmental education in formal and non-formal sectors.
- Encourages the role of business and industry in solid waste management.
- Appropriates P20,000,000 for initial operating expenses and requires the promulgation of implementing rules and regulations within one (1) year.
- Establishes a Joint Congressional Oversight Committee to monitor the implementation of the law.
- Abolishes the Presidential Task Force on Waste Management and the Project Management Office on Solid Waste Management.
- Includes transitory, separability, and repealing provisions.
- Sets the effectivity date fifteen (15) days after publication in at least two (2) newspapers of general circulation.