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Introduction To Environmental Law & Advocacy

Ecology

The sub-discipline of biology that concentrates on the

relationships between organisms and their environments;

Concerned with patterns of distribution (where organisms occur)

and with patterns of abundance (how many organisms occur) in

space and time;

Emphasizes functional interactions between co-occurring

organisms.

Ecosystem

A natural unit consisting of all plants, animals and micro-

organisms (biotic factors) in an area functioning together with all

of the non-living physical (abiotic) factors of the environment.

Deconstruction of the human/nature dichotomy and the premise

that all species are ecologically integrated with each other, as well

as with the abiotic constituents of their biotope.

Environment

All living and non-living things occurring naturally on Earth or

some region thereof.

Its all about the sources of life: land, air, water.

Distinguish from Natural Resources: Material sources of wealth,

such as timber, fresh water, or a mineral deposit, that occurs in a

natural state and has economic value.

Environmental Law

Complex and interlocking body of statutes, common law, treaties,

conventions, regulations and policies which, very broadly, operate

to regulate the interaction of humanity and the rest of thebiophysical or natural environment;

Its object is to reduce or minimize impacts of human activity,

both on the natural environment for its own sake, and on

humanity itself.

Environmental law draws from and is influenced by principles of

environmentalism, including ecology, conservation, stewardship,

responsibility and sustainability.

Environmental Ethics

That part of environmental philosophy which considers extending

the traditional boundaries of ethics from solely including humans

to including the non-human world.

It exerts influence on a large range of disciplines including law,

sociology, theology, economics, ecology and geography.

Ethical considerations re the Environment

Should we continue to clear cut forests for the sake of human

consumption?

Should we continue to propagate?

Should we continue to make gasoline powered vehicles?

What environmental obligations do we need to keep for future

generations?

Is it right for humans to knowingly cause the extinction of a

species for the convenience of humanity?

Should we go for coal-fired power plants despite the fact that

they consist the highest sources of greenhouse gases?

Traditional Christian Attitude to Nature

Humans are apart from nature, and have dominion over it.

According to Lynn White: “Despite Darwin, we are not, in our

hearts, part of the natural process. We are superior to nature,

contemptuous of it, willing to use it for our slightest whim.”

Land Ethic [Aldo Leopold]

“A thing is right when it tends to preserve the integri ty, stability,

and beauty of the biotic community. It is wrong when it tends

otherwise.”

The Land Ethic is a holistic ethic that considers the sum of the

whole (i.e., an ecosystem) as greater than its parts (the organisms

and their physical environment).

Biotic Rights of Species [James A. Nash]

The right to participate in the natural dynamics for existence.

The right to healthy and whole habitats.

The right to reproduce their own kind without humanly induced

chemical, radioactive, hybridized, or bio-engineered aberrations.

The right to fulfill their evolutionary potential with freedom from

human-induced extinctions.

The right to freedom from human cruelty, flagrant abuse or

profligate use.

The right to reparations or restitution through managerial

interventions to restore a semblance of natural conditions

disrupted by human abuse.

The right to a "fair share" of the goods necessary for individuals

and species.

Instrumental vs. Intrinsic Value

Instrumental value of an Organism, Species or Ecosystem is due to

the utility of an object for human purposes; while

Their intrinsic value is independent of the needs and desires of

humans.

Services Provided by Nature

[Robert Constanza]

Pollination

Waste assimilation



Nutrient recycling

Flood control

Note: These services are used by or given to industries for free.

But if quantified, the value is about 33 trillion US dollars!

Our Species is in Trouble!

World facing a backlog of unresolved social and environmental

problems

Rapid population growth, rampant poverty, hunger and disease in

many countries

Water tables falling and rivers running dry

Forests shrinking

Soils eroding, grasslands turning to desert

Species disappearing, fisheries collapsing

Lessons from China

If China’s per capita income reaches U.S. levels by 2030 and

consumption patterns follow, China would need:

2 times current world paper production

> 1 billion cars, compared to the current world fleet of 860 million

Paved area equal to its rice-growing area

More oil than the world currently produces

Lessons from China

Western economic model – fossil fuel-based, automobile-

centered, throwaway economy – will not work for China

If it will not work for China, it will not work for India, nor for the

other 3 billion people in developing countries

In integrated global economy, it will no longer work for industrial

countries either

Three New Stresses

Peak Oil

Rising Food Insecurity

Climate Change

Peak Oil

Top 20 oil fields were all discovered between 1917 and 1979

Since 1981, oil extraction has exceeded new discoveries by a

widening margin

World conventional oil reserves drop each year, with most of the

easily-recovered oil already pumped

Peak production of conventional oil is on our doorstep, if not

already here. In a world where oil production is no longer

expanding, one country can get more oil only if another gets less.

Rising Food Insecurity

Supply Tightening

Little unused arable land

Irrigation potential p lateaued

Slowing growth in crop yields

Demand Growing

Adding > 70 million to world population annually

4 billion people desire to move up the food chain and eat more

grain-intensive livestock products

Food vs. Fuel: Expanding biofuel production means that cars and

people compete for crops

The number of hungry people in the world fell between 1970 and

the 1990s. Now this number is growing and will continue to rise

unless these trends are reversed.

Climate Change

Since start of Industrial Revolution, carbon dioxide (CO2) in the

atmosphere has risen from 277 parts per million to 387 parts per

million

Burning fossil fuels – coal, oil, and natural gas – emits 7.5 billion

tons of carbon each year

Deforestation emits 1.5 billion tons each year

Electricity generation and transportation are the largest sources

of CO2 emissions, with coal-fired power plants the biggest culprit

As CO2 accumulates, global temperature rises

Average Global Temperature and Atmospheric Carbon Dioxide

Concentrations, 1880-2007

Climate Change

The earth has warmed an average 0.6°C (1.0°F) since 1970

Rising temperatures fuel stronger storms and increase crop-

withering heat waves

The Intergovernmental Panel on Climate Change (IPCC) projects

earth’s average temperature will rise 1.1 - 6.4°C

(2.0 - 11.5°F) during this century



Ice Melting

Losing our Reservoirs in the Sky

Mountain glaciers rapidly disappearing worldwide

Himalayan and Tibetan-Qinghai Plateau glaciers feed the major

rivers of Asia during the dry season, providing critical irrigation

water for agriculture

If melting continues at current rates, rivers like the Yellow,

Yangtze, Ganges, and Indus could become seasonal, devastating

wheat and rice harvests

Mactan Channel @ 1-Meter Sea Level Rise

Mactan Channel @ 4-Meter Sea Level Rise

Mactan Channel @ 7-Meter Sea-Level Rise

Again…

7-meter Rise

Pressues mounting

The backlog of unresolved problems is growing as the world fails

to solve existing problems even as new ones are added to the list

The risk is that these accumulating problems and their

consequences will overwhelm more and more governments,

leading to widespread state failure

Failing States

States fail when governments lose control of part or all of their

territory, and can no longer ensure their people’s security

Rapidly growing populations, resource depletion, and political

stresses are pushing more countries such as Afghanistan, Haiti,

and Sudan toward state failure each year, increasing instability

around the world

How many failing states will it take before c ivilization

itself fails?

Tipping Points

Can we address the root causes of state failure in time to avoid

global political instability?

Can we halt deforestation before the Amazon rainforest dries out,

becoming vulnerable to fire?

Can we close coal-fired power plants fast enough to avoid losing

the Greenland and West Antarctic ice sheets?

Can we cut carbon emissions quickly enough to keep temperature

from spiraling out of control?

Business as usual is not working – It’s time for Plan B.

Plan B: Four Main Goals

Stabilizing Population

Eradicating Poverty

Restoring the Earth’s Natural Support Systems

Stabilizing Climate

Stabilizing Population and Eradicating Poverty

Universal primary education

Eradication of adult illiteracy

School lunch programs for 44 poorest countries

Assistance to preschool children and pregnant women in 44

poorest countries

Reproductive health care and family planning services

Total Additional Annual Cost = $77 billion

Restoring the Earth

Protecting and restoring forests

Conserving and rebuilding soils

Protecting biodiversity

Restoring fisheries

Stabilizing water tables

Planting trees to sequester carbon

Total Additional Annual Cost = $113 billion

Plan B Budget

Additional Global Annual Expenditure Needed:

Basic Social Goals $77 billion

Restoring the Earth $113

billion

Total Budget $190 billion



It’s Possible!

Countries and cities around the world give a sense of what is

possible:

In Copenhagen 36% of commuters bike to work

Iran cut its rapid population growth rate from 4.2% in the early

1980s to 1.3% in 2006 through national literacy, health, and

family planning programs

China has 40 million rooftop solar water heaters harnessing

energy equal to the output of 54 coal-fired power plants

Japan’s high-speed rail system moves hundreds of thousands of

passengers each day, measuring delays in seconds

Once almost treeless, South Korea has reforested 65% of its land

In the Philippines 19 million people get electricity from

geothermal power plants

In Germany a systematic shift of taxes from labor to energy

reduced annual CO2 emissions by 20 million tons and created

250,000 jobs between 1999 and 2003

Denmark gets 20% of its electricity from wind and is aiming for

50%

Proposals for 90 coal-fired power plants in the United States have

been shelved since 2007

Let’s Get to Work

Saving civilization is not a spectator sport.

– Lester R. Brown

What You Can Do

Educate yourself on environmental issues

Spread the word: letters to the editor, op-eds, internet

Get politically involved: let elected officials know what’s

important

Take action in an area that is important to you, such as closing

coal-fired power plants, tax restructuring, or ending net

deforestation

The Choice is Ours

Will we stay with business as usual and preside over an economy

that continues to destroy its natural support systems until it

destroys itself?

or

Will we adopt Plan B and be the generation that changes

direction, moving the world onto a path of sustained progress?

The choice is ours. It will be made by our generation, but it will

affect life on earth for all generations to come.

Biological Wealth:

Galapagos Islands …

Vanishing Treasures

Mt. Makiling viz. USA

MT Makiling: 4,000

USA: 1 B ha

Real Wealth of the Philippine Islands…

Richest Marine Biodiversity Region in the World

Wealth of the Philippines Seas

CORAL REEFS-underwater forests

ENOUGH PROTEIN for 0.6- 1.0 Million FILIPINOS for 1 sq km

FISH – 2,500 SPECIES, 25% of the world’s marine fish species

Marine Turtles – 6 of 7

Mangroves

30 sp. ; 500,000 ha. –

60 yrs ago

Food: Breeding, shelter, spawning,

Ecological services: wave protection, pollution control

Barracudas, rays, sharks

Abundance Breeds

Waste ….

Topography of Phil archipelago: 50-50

Satellite Photograph

Forest cover: 1900

Forest Cover 1999

Coral Reefs: from 3 M ha. to …

35 TONS PER SQ KM.

ENOUGH FOR PROTEIN NEEDS OF 1,000,000 FILIPINOS FOR ONEDAY.

Blast

Fishing

Cyanide Fishing

Other Destructive Fishing Practices

Muro-ami



Comm. Fishing in Municipal Waters

Super-lights

Fine mesh nets

Closed season

Destruction of corals

Aquatic pollution

In the Laws of Nature,

There is no right nor wrong,

There are no rewards nor punishments;

FISH PRODUCTION – 90 to 95%

in some, facing total collapse

Garbage: 6-7000 tons

per day for MM alone

A Call to Action

We only have 1 earth

We must preserve our resources for the next 7 generations!

The Seventh Generation Principle

Great Law of the Iroquois Indians: "In every deliberation, we must

consider the impact on the seventh generation... even if it

requires having skin as thick as the bark of a pine."

Otherwise stated: All of our political, social, economic, cultural,

and ecological decisions are made with a responsibility for, and a

mindfulness of, the impact of those decisions on the next seven

generations.

The Ecological Solid Waste Management Act of 2000

BACKGROUND OF THE LAW

First piece of legislation signed by President Gloria Macapagal-

Arroyo

Seeks to prevent a garbage crisis by instituting mechanisms of:

a) Waste minimization;

b) Resource recovery;

c) Appropriate collection and transport

services; and

d) Environmentally sound treatment and

disposal of garbage.

Prompted by the

Payatas dumpsite

tragedy in July 2000

HIGHLIGHTS OF THE LAW

Phasing out of open dumping in favor of sanitary landfills and

banning of open burning of solid wastes.

Non-segregation of wastes is made illegal.

Phasing out of non-recyclable consumer packaging materials and

non-biodegradable packaging materials such as plastic bags,

styrofoam, and aluminum foil.

Mandates the establishment of recycling centers (MRFs) at every

barangay nationwide.

Calls for the integration of solid waste management concerns in

the school curriculum starting in the elementary level.

Requires the preparation of 10-year solid waste managementplans by all local government units.

WHAT IS ECOLOGICAL SOLID WASTE MANAGEMENT?

The systematic administration of activities which provide for:

Segregation at source;

Segregated transportation, storage, transfer, processing,

treatment, and disposal of solid waste; and

All other waste management activities which do not harm the

environment.

EMBRACED IN THE TERM

“SOLID WASTE”

Household wastes

Commercial wastes

Non-hazardous institutional wastes

Non-hazardous

industrial wastes

Street sweepings,

Construction

debris

Agriculture waste

Other non-hazardous/

non-toxic solid waste

“SOLID WASTE” EXCLUDES



Hazardous waste

Infectious waste from hospitals

Fomites of a disposable

nature from patients

diagnosed as having

communicable

diseases

Laboratory wastes;

Disposable fomites that

may harbor or transmit

pathogenic organisms;

Surgical operating room

pathologic specimens

Waste resulting from mining activities

IMPORTANT LEGAL TERMS

Agricultural wastes – Those generated from planting or harvesting

of crops, trimming or pruning of plants and wastes or run-off

materials from farms or fields

Bulky wastes - Those waste materials which cannot be

appropriately placed in separate containers because of either its

bulky size, shape or other physical attributes.

Municipal wastes - Refers to wastes produced from activities

within local government units which include a combination of

domestic, commercial, institutional and industrial wastes and

street litters.

Yard waste - Refers to wood, small or chipped branches, leaves,

grass clippings, garden debris, vegetables residue that is

recognizable as part of a plant or vegetable and other materials

identified by the Commission.

Special wastes

Refer to household hazardous wastes such as paints, thinners,

household batteries, lead-acid batteries, spray canisters and the

like. Include:

(a) wastes from residential and commercial sourcesthat comprise of bulky wastes;

(b) consumer electronics;

(c) white goods;

(d) yard wastes that are collected separately; and

(e) batteries, oil, and tires.

To be handled separately from other residential and commercial

wastes.

Hazardous waste

Refers to solid waste or combination of solid waste which because

of its quantity, concentration, or physical, chemical or infectious

characteristics may:

(a) cause, or significantly contribute to an increase in

mortality or an increase in serious irreversible, or incapacitating

reversible, illness; or

(b) pose a substantial present or potential hazard to

human health or the environment when improperly treated,

stored, transported, or disposed of, or otherwise managed.

White goods

Refer to large worn-out or broken household, commercial, and

industrial appliances.

Include:

Stoves;

Refrigerators; and

Dishwaters, and clothes washers and dryers collected separately.

White goods are usually dismantled for the recovery of specific

materials (e.g., copper, aluminum, etc.).

Controlled dump - A disposal site at which solid waste is

deposited in accordance with the minimum prescribed standards

of site operation.

Open dump - A disposal area wherein the solid wastes are

indiscriminately thrown or disposed of without due planning and

consideration for environmental and health standards.

Sanitary landfill - A waste disposal site designed, constructed,

operated and maintained in a manner that exerts engineering

control over significant potential environmental impacts arising

from the development and operation of the facility.

Leachate - The liquid produced when waste undergo

decomposition, and when water percolate through solid waste

undergoing decomposition. It is a contaminated liquid that

contains dissolved and suspended materials

Segregation - Refers to a solid waste management practice of

separating different materials found in solid waste in order to

promote recycling and re-use of resources and to reduce the

volume of waste for collection and disposal.

Re-use - Refers to the process of recovering materials intended

for the same or different purpose without the alteration of

physical and chemical characteristics.

Segregation at source - Refers to a solid waste management

practice of separating, at the point of origin, different materials

found in solid waste in order to promote recycling and re-use of

resources and to reduce the volume of waste for collection and

disposal.



Source reduction - Refers to the reduction of solid waste before it

enters the solid waste stream by methods such as product design,

materials substitution, materials re-use and packaging

restrictions.

Source separation - Refers to the sorting of solid waste into some

or all of its component parts at the point of generation.

Materials recovery facility – Includes a solid waste transfer stationor sorting station, drop-off center, a composting facility, and a

recycling facility.

Waste diversion - Refers to activities which reduce or eliminate

the amount of solid wastes from waste disposal facilities.

Composting - Refers to the controlled decomposition of organic

matter by micro-organisms, mainly bacteria and fungi, into a

humus-like product.

Resource conservation - Refers to the reduction of the amount of

solid waste that are generated or the reduction of overall

resource consumption, and utilization of recovered resources.

Resource recovery - Refers to the collection, extraction orrecovery of recyclable materials from the waste stream for the

purpose of recycling, generating energy or producing a product

suitable for beneficial use/

Provided, That, such resource recovery facilities exclude

incineration.

CREATION OF NSWMC (Sec. 4)

14 members coming from the government represented by the

heads of agencies of: DENR, DILG, DOST, DPWH, DOH, DTI, DA,

MMDA, LPGs, LCMs, LMMs, ABCs, TESDA, and PIA

3 members from the private sector (1 rep from NGO promoting

recycling and the protection of air and water quality, 1 rep from

the recycling industry, and 1 from manufacturing or packagingindustry)

Term of private sector members: 3 years

PRIMARY FUNCTIONS OF NSWC

Prepare the National Solid Waste Management Framework.

Approve local solid waste management plans in accordance with

its rules and regulations

Review and monitor the implementation of local solid waste

management plan.

Develop a model provincial, city and municipal solid wastemanagement plan.

Adopt a program to provide technical and other capability

building assistance.

Develop a mechanism for the imposition of sanctions for the

violation of environmental rules and regulations.

Coordinate the operation of local solid waste management boards

in the provincial and city/municipal levels.

Manage the Solid Waste Management Fund

Develop and prescribe procedures for the issuance of appropriate

permits and clearances.

Formulate the necessary education promotion and information

campaign strategies.

Formulate and update a list of non-environmentally acceptable

materials.

CREATION & MEMBERSHIP OF PSWMB (Sec. 11)

Chairman: Governor

MEMBERS:

All mayors

One (1) rep from SP

Provincial health and/or General services officer

PENRO

Provincial engineer

Congressmen

Rep NGO whose principal purpose is to promote recycling and the

protection of air and water quality

Rep recycling industry

Rep manufacturing or packaging industry

Rep concerned government agency possessing relevant technical

and marketing expertise as may be determined by the board.

CREATION & MEMBERSHIP OF MSWMB

Chairman: Mayor

MEMBERS:

One (1) rep SP/SB

ABC President

SK Chair

Rep NGO whose principal purpose is to promote recycling and the

protection of air and water quality

Rep recycling industry

Rep manufacturing or packaging industry

Rep concerned government agency possessing relevant technical

and marketing expertise as may be determined by the board.

BARANGAY SOLID WASTE

MANAGEMENT COMMITTEE



• BARANGAY HEAD

• KAGAWAD

• SK CHAIR

• PRESIDENT –

• HOMEOWNERS ASS.

• SCHOOL

• PRINCIPAL OR

• REP

• PTA PRES. OR REP

• RELIGIOUS ORG.

• BUSINESS

• SECTOR REP

• ENVIRONEMNTAL

• NGO REP

• MARKET VENDORS

• / JUNK SHOP REP

Functions of the BSWMC

Formulate solid waste management program consistent with

city/municipality SWM plan

Segregate and collect of biodegradable, compostable, reusable

wastes

Establish MRF

Allocate barangay funds;

Look for sources of funds

Organize core coordinators

Submit monthly report to city or municipality

VISITORIAL POWERS OF DENR

Access to and copy records required under RA 9003.

Right to enter the premises of any generator, recycler or

manufacturer, or other facilities any time.

Right to question any employee or investigate any fact

Exception: private dwelling.

ROLE OF LGUs IN SWM

Primarily responsible for the implementation and enforcement of

the provisions of this Act within their respective jurisdictions.

RESPONSIBILITY OF BRGYS

Segregation and collection

of biodegradable,

compostable and

reusable wastes

RESPONSIBILITY OF MUNICIPALITIES/CITIES

Collection of non-recyclable materials and special wastes

Local Government Solid Waste Management Plans (SWMP)

It must be a 10-year solid waste management plans consistent

with the National Solid Waste Management Framework.

For the re-use, recycling and composting of wastes generated in

their respective jurisdictions.

Primary emphasis on implementation of all feasible re-use,

recycling, and composting programs while identifying the amount

of landfill and transformation capacity that will be needed for

solid waste which cannot be re-used, recycled, or composted.

Reviewed and updated every year.

COMPONENTS OF SWMP

(1) City or Municipal Profile

Estimated population of each barangay within the city or

municipality and population projection for a 10-year period;

Map of the city/municipality, indicating locations of residential,

commercial, and industrial centers, and agricultural area, as well

as dump sites, landfills and other solid waste facilities, proposed

sites for disposal and other solid waste facilities;

Estimated solid waste generation and projection by source, such

as residential, market, commercial, industrial,

construction/demolition, street waste, agricultural, agro-

industrial, institutional, other wastes; and

Inventory of existing waste disposal and other solid waste

facilities and capacities.

(2) Waste characterization

representative of the solid waste generated and disposed of within that area;

identified by volume, percentage in weight or its volumetric

equivalent, material type, and source of generation.

(3) Collection and Transfer

geographic subdivisions should define the coverage of the solid

waste collection area in every barangay;



Barangay shall be responsible for ensuring a 100% collection

efficiency from residential, commercial, industrial and agricultural

sources within its area of coverage, is achieved.

(4) Processing

To define the methods and the facilities required to process the

solid waste, i.e. use of intermediate treatment facilities for

composting, recycling, conversion and other waste processing;

Technologies conform with internationally acceptable and other

standards set in other laws and regulations

(5) Source reduction

strategies in reducing the volume of solid waste generated at

source;

measures for implementing such strategies and the resources

necessary to carry out such activities;

methods that the LGU will use to determine the categories of

solid wastes to be diverted from disposal at a disposal facility

through re-use, recycling and composting

6. Recycling Component describing:

- 1) The types of materials to be recycled under the programs;

(2) The methods for determining the categories of solid wastes to

be diverted from disposal at a disposal facility through recycling;

and

(3) New facilities and expansion of existing facilities needed to

implement the recycling component.

7. Composting component to describe:

(1) The types of materials which will be composted under the

programs;

(2) The methods for determining the categories of solid wastes to

be diverted from disposal at a disposal facility through

composting; and

(3) New facilities, and expansion of existing facilities needed to

implement the composting component

8. SW Capacity Facility & Final Disposal Component:

A projection of the amount of disposal capacity needed to

accommodate the solid waste generated, reduced by source

reduction and other waste diversion;

Strategies to reduce adverse impact on health & environment.

9. Education & Information component:

Provisions to ensure that information on waste collection services,

solid waste management and related health and environmental

concerns are widely disseminated among the public.

Through the print and broadcast media and other government

agencies in the municipality.

DECS and CHED shall ensure that waste management shall be

incorporated in the curriculum of primary, secondary and college

students.

10. Special Waste Component:

To include existing waste handling and disposal practices for

special wastes or household hazardous wastes.

Identification of current and proposed programs to ensure the

proper handling, re-use, and long-term disposal of special wastes.

11. Resource requirement and funding –

Project costs, revenues, and revenue sources the LGU will use to

implement all components of the LGU solid waste management

plan;

Specific projects, activities, equipment and technological

requirements for which outside sourcing of funds or materials

may be necessary to carry out the specific components of the

plan.

Must define the specific uses for its resource requirement s andindicate its costs.

Must indicate how the LGU intends to generate the funds for the

acquisition of its resource requirements and if certain resource

requirements are being or will be sourced from fees, grants,

donations, local funding and other means.

12. Privatization of solid waste management projects –

To indicate specific measures to promote the participation of the

private sector in the management of solid wastes, particularly in

the generation and development of the essential technologies for

solid waste management.

Specific projects or component activities of the plan which may be

offered as private sector investment activity shall be identifiedand promoted as such.

Appropriate incentives for private sector involvement in solid

waste management shall likewise be established and provided for

in the plan, in consonance with Sec. 45 (on incentives) and other

existing laws, policies and regulations;

Liability of Owner/Operator

Responsibility for compliance with the standards shall rest with

the owner and/or operator.

If specifically designated, the operator is considered to have

primary responsibility for compliance;

However, this does not relieve the owner of the duty to take all

reasonable steps to assure compliance with these standards and

any assigned conditions.

When the title to a disposal is transferred to another person, the

new owner shall be notified by the previous owner of the

existence of these standards and of the conditions assigned to

assure compliance.

Waste Characterization



DENR in coordination with the LGUs responsible for the

establishment of the guidelines for the accurate characterization

of wastes including determination of whether or not wastes will

be compatible with containment features and other wastes, and

whether or not wastes are required to be managed as hazardous

wastes under R. A. 6969, otherwise known as the Toxic Substance

and Hazardous and Nuclear Wastes Control Act.

Mandatory Solid Waste Diversion

Within five (5) years after the effectivity the LGU shall divert at

least 25% of all solid waste from waste disposal facilities through

re-use, recycling and composting activities and other resource

recovery activities.

Provided , That the waste diversion goals shall be increased every

three (3) years thereafter;

Implementation on re-use, recycling, and composting activities

designed to exceed the goal is encouraged.

Mandatory Segregation At Source

Segregation of wastes shall primarily be conducted at the source,to include household, institutional, industrial, commercial and

agricultural sources: Provided , further ; That wastes shall be

segregated into the categories provided in Sec. 22 of this Act.

For premises containing six (6) or more residential units, LGU to

promulgate regulations requiring the owner or person in charge

of such premises to:

provide for the residents a designated area and containers in

which to accumulate source separated recyclable materials to be

collected by the municipality or private center; and

notify the occupants of each buildings of the requirements of this

Act and the regulations promulgated pursuant thereto.

Minimum Standards for Segregation and Storage pendingcollections

Separate container for each type of waste from all sources:

Provided , That in the case of bulky waste, it will suffice that the

same be collected and placed in a separate designated area; and

Properly marked or identified for on-site collection as

“compostable”, “non-recyclable”, “recyclable” or “special waste”,

or any other classification as may be determined by the

Commission.

Minimum Standards in Collecting Solid Wastes

All collectors and other personnel directly dealing with collection

of solid waste must be equipped with personal protectiveequipment to protect them from the hazards of handling wastes;

Necessary training shall be given to the collectors and personnel

to ensure that the solid wastes are handled properly and in

accordance with the guidelines; and

Collection of solid waste shall be done in a manner which

prevents damage to the container and spillage or scattering of

solid waste within the collection vicinity.

Minimum Standards in Transporting SWs

Use of separate collection schedules and/or separate trucks or

haulers shall be required for specific types of wastes.

If not, vehicles used for the collection and transport of solid

wastes shall have the appropriate compartments to facilitate

efficient storing of sorted wastes while in transit.

Vehicles should be designed to consider road size, condition and

capacity to ensure the sage and efficient collection and transport

of solid wastes.

The waste compartment should have a cover to ensure the

containment of solid wastes while in transit.

For purposes of identification, vehicles should bear the body

number, the name, and the telephone number of the

contractor/agency collecting solid waste.

Guidelines for Transfer Stations

To be designed and operated for efficient waste handling capacity

and in compliance with environmental standards and guidelines.

No waste shall be stored in such station beyond twenty-four (24)

hours.

The siting of the transfer station shall consider the land use plan,

proximity to collection area, and accessibility of haul routes to

disposal facility.

The design shall give primary consideration to size and space

sufficiency in order to accommodate the waste for storage and

vehicles for loading and unloading of wastes.

Inventory of Existing Markets for Recyclable Materials

Within six (6) months from the effectivity, DILG and other

concerned agencies and sectors, shall publish a study of existingmarkets for processing and purchasing recyclable materials and

the potential steps necessary to expand these markets.

Such study shall include, but not be limited to, an inventory of

existing markets for recyclable materials, product standards for

recyclable and recycled materials, and a proposal, developed in

conjunction with the appropriate agencies, to stimulate the

demand for the production of products containing post consumer

and recovered materials.

Requirement for Eco-Labeling

DTI to formulate and implement a coding system for packaging

materials and products to facilitate waste and recycling and re-

use.

Reclamation Programs and Buy-back Centers for Recyclables and

Toxics

National Ecology Center to assist LGUs in establishing and

implementing deposit or reclamation programs in coordination

with manufacturers, recyclers and generators to provide separate

collection systems or convenient drop-off locations for recyclable

materials and particularly for separated toxic components of the



waste stream like dry cell batteries and tires to ensure that they

are not incinerated or disposed of in a landfill.

Toxic materials present in the waste stream should be separated

at source, collected separately and further screened and sent to

appropriate hazardous waste treatment and disposal plants,

consistent with the provisions of R. A. No. 6969.

Non-Environmentally Acceptable Products

- Within one (1) year from effectivity, NSWC Commission shall

prepare a list of non-environmentally acceptable products which

will be prohibited according to a schedule that it will prepare

Non-environmentally acceptable products shall not be prohibited

unless the Commission first finds that there are alternatives

available which are available to consumers at no more than ten

percent (10%) greater cost than the disposable product.

Exceptions:

Packaging used at hospitals, nursing homes or other medical

facilities; and

Any packaging which is not environmentally acceptable, but for

which there is no commercially available alternatives as

determined by the Commission.

Prohibition on the Use of Non-Environmentally Acceptable

Packaging

No person owning, operating or conducting a commercial

establishment in the country shall sell or convey at retail or

possess with the intent to sell or convey at retail any products

that are placed, wrapped or packaged in or on packaging which is

not environmentally acceptable packaging.

NSWC shall determine a phaseout period after proper

consultation and hearing with the stakeholders or with the

sectors concerned.

The presence in the commercial establishment of non-

environmentally acceptable packaging shall constitute a

rebuttable presumption of intent to sell or convey the same at

retail to customers.

Any person who is a manufacturer, broker or warehouse operator

engaging in the distribution or transportation of commercial

products within the country shall file a report with the concerned

local government within one (1) year from the effectivity of this

Act, and annually thereafter, a listing of any products in packaging

which is not environmentally acceptable. The Commission shall

prescribe the form of such report in its regulations.

A violation of this Section shall be sufficient grounds for therevocation, suspension, denial or non-renewal of any license for

the establishment in which the violation occurs

Establishment of LGU Materials Recovery Facility

Materials Recovery Facility (MRF) to be established in every

barangay or cluster of barangays.

The facility shall be established in a barangay-owned or -leased

land or any suitable open space to be determined by the barangay

through its Sanggunian.

The MRF shall receive mixed waste for final sorting, segregation,

composting, and recycling.

The resulting residual wastes shall be transferred to a long term

storage or disposal facility or sanitary landfill.

Guidelines for Establishment of Materials Recovery Facility

Must be designed to receive, sort, process and store compostable

and recyclable material efficiently and in an environmentally

sound manner.

The facility shall address the following considerations:

(a) The building and/or land layout and equipment

must be designed to accommodate efficient and safe materials

processing, movement, and storage; and

(b) The building must be designed to allow efficient

and safe external access and to accommodate internal flow.

Guidelines for Compost Quality

Compost products intended to be distributed commercially shall

conform with the standards for organic fertilizers set by the DA.

The DA shall assist the compost producers to ensure that the

compost products conform to such standards.

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 wastes, be

allowed after the effectivity

Within three (3) years after the effectivity, every LGU shall

convert its open dumps into controlled dumps.

No controlled dumps shall be allowed five (5) years following the

effectivity.

Guidelines for Controlled Dumps

Regular inert cover;

Surface water and peripheral site drainage control;

Provision for aerobic and anaerobic decomposition;

Restriction of waste deposition to small working areas;

Fence, including provisions for litter control;

Basic record-keeping;

Provision of maintained access road;

Controlled waste picking and trading;

Post-closure site cover and vegetation; and



Hydro geological siting.

Criteria for Siting a Sanitary Landfill

Site selected must be consistent with the overall land use plan of

the LGU;

Must be accessible from major roadways or thoroughfares;

Adequate quantity of earth cover material that is easily handled

and compacted;

Must be chosen with regard for the sensitivities of the

community’s residents;

Located in an area where the landfill’s operation will not

detrimentally affect environmentally sensitive resources such as

aquifer, groundwater reservoir or watershed area;

Large enough to accommodate the community’s wastes for a

period of five (5) years during which people must internalize the

value of environmentally sound and sustainable solid waste

disposal;

Should facilitate developing a landfill that will satisfy budgetary

constraints, including site development, operation for many years,

closure, post-closure care and possible remediation costs;

Operating plans must include provisions for coordinating with

recycling and resource recovery projects; and

Designation of a separate containment area for household

hazardous wastes.

Minimum Criteria for Establishment of Sanitary Landfill

Liners - a system of clay layers and/or geosynthethic membranes

used to contain leachate and reduce or prevent contaminant flow

to groundwater;

Leachate collection and treatment system - installation of pipes at

the low areas of the liner to collect leachate for storage and

eventual treatment and discharge;

Gas control and recovery system - a series of vertical wells or

horizontal trenches containing permeable materials and

perforated piping placed in the landfill to collect gas for treatment

or productive use as an energy source;

Groundwater monitoring well system - wells placed at an

appropriate location and depth for taking water that are

representative of ground water quality;

Cover - two (2) forms of cover consisting of soil and geosynthetic

materials to protect the waste from long-term contact with theenvironment:

(i) a daily cover placed over the waste at the close of

each day’s operations, and;

(ii) a final cover, or cap, which is the material placed

over the completed landfill to control infiltration of water, gas

emission to the atmosphere, and erosion.

(Closure procedure with the objectives of establishing low

maintenance cover systems and final cover that minimizes the

infiltration of precipitation into the waste. Installation of the final

cover must be completed within six (6) months of the last receipt

of waste;

Post-closure care procedure - During this period, the landfill

owner shall be responsible for providing for the general upkeep of

the landfill, maintaining all of the landfill’s environmentalprotection features, operating monitoring equipment,

remediating groundwater should it become contaminated and

controlling landfill gas migration or emission.

Criteria for Operating Sanitary Landfill

Disposal site records of, but not limited to:

a. Records of weights or volumes accepted in a form

and manner approved by the Department. Such records shall be

submitted to the Department upon request, accurate to within

ten percent (10%) and adequate for overall planning purposes and

forecasting the rate of site filling;

b. Records of excavations which may affect the safeand proper operation of the site or cause damage to adjoining

properties;

c. Daily log book or file of the following information:

fires, landslides, earthquake damage, unusual and sudden

settlement, injury and property damage, accidents, explosions,

receipts or rejection of unpermitted wastes, flooding and other

unusual occurrences;

d. Record of personnel training; and

e. Copy of written notification to the Department, local

health agency, and fire authority of names, addresses and

telephone numbers of the operator or responsible party of the

site;

Water quality monitoring of surface and ground waters and

effluent, and gas emissions;

Documentation of approvals, determinations and other

requirements by the Department;

Signs:

(1) Each point of access from a public road shall be

posted with an easily visible sigh indicating the facility name and

other pertinent information as required by the Department;

(2) If the site is open to the public, there shall be an easily visible

sign at the primary entrance of the site indicating the name of the

site operator, the operator’s telephone number, and hours of operation; an easily visible sign at an appropriate point shall

indicate the schedule of changes and the general types of

materials which will either be accepted or not;

(3) If the site is open to the public, there shall be an easily visible

road sign and/or traffic control measures which direct traffic to

the active face and other areas where wastes or recyclable

materials will be deposited; and



(4) Additional signs and/or measures may be required at a

disposal site by the Department to protect personnel and public

health and safety;

Monitoring of quality of surface, ground and effluent waters, and

gas emissions;

The site shall be designed to discourage unauthorized access by

persons and vehicles by using a perimeter barrier or topographicconstraints. Areas within the site where open storage, or

pounding of hazardous materials occurs shall be separately

fenced or otherwise secured as determined by the Department.

The Department may also require that other areas of the site be

fenced to create an appropriate level of security;

Roads within the permitted facility boundary shall be designed to

minimize the generation of dust and the tracking of material onto

adjacent public roads. Such roads shall be kept in safe condition

and maintained such that vehicle access and unloading can be

conducted during inclement weather;

Sanitary facilities consisting of adequate number of toilets and

handwashing facilities, shall be available to personnel at or in the

immediate vicinity of the site;

Safe and adequate drinking water supply for the site personnel

shall be available;

The site shall have communication facilities available to site

personnel to allow quick response to emergencies;

Where operations are conducted during hours of darkness, the

site and/or equipment shall be equipped with adequate lighting

as approved by the Department to ensure safety and to monitor

the effectiveness of operations;

Operating and maintenance personnel shall wear and use

appropriate safety equipment as required by the Department;

Personnel assigned to operate the site shall be adequately trainedin subject pertinent to the s ite operation and maintenance,

hazardous materials recognition and screening, and heavy

equipment operations, with emphasis on safety, health,

environmental controls and emergency procedures. A record of

such training shall be placed in the operating record;

The site operator shall provide adequate supervision of a

sufficient number of qualified personnel to ensure proper

operation of the site in compliance with all applicable laws,

regulations, permit conditions and other requirements. The

operator shall notify the Department and local health agency in

writing of the names, addresses, and telephone number of the

operator or responsible party. A copy of the written notification

shall be placed in the operation record;

Any disposal site open to the public shall have an attendant

present during public operating hours or the site shall be

inspected by the operator on a regularly scheduled basis, as

determined by the Department;

Unloading of solid wastes shall be confined to a small area as

possible to accommodate the number of vehicles using the area

without resulting in traffic, personnel, or public safety hazards.

Waste materials shall normally be deposited at the toe of the fill,

or as otherwise approved by the Department;

Solid waste shall be spread and compacted in layers with

repeated passages of the landfill equipment to minimize voids

within the cell and maximize compaction. The loose layer shall not

exceed a depth approximately two feet before compaction.

Spreading and compacting shall be accomplished as rapidly as

practicable, unless otherwise approved by the Department;

Covered surfaces of the disposal area shall be graded to promote

lateral runoff of precipitation and to prevent pounding. Gradesshall be established of sufficient slopes to account for future

settlement of the fill surface. Other effective maintenance

methods may be allowed by the Department; and

Cover material or native material unsuitable for cover, stockpiled

on the site for use or removal, shall be placed so as not to cause

problems or interfere with unloading, spreading, compacting,

access, safety drainage, or other operations.

CONCEPT OF CITIZEN SUIT

Affirms the right of the citizens to file the appropriate civil,

criminal or administrative action, not just against individuals, but

also against the government agencies and public officials who fail

or refuse to perform the duties mandated by the laws.

No Filing Fees.

Exemption from payment of injunction Bond.

Jurisdictional Requirement:

Citizen’s Suit

1. Notice to sue served on the public officer.

2. Within thirty-day (30) days from receipt of notice, the

public officer fails to take appropriate action.

3. File administrative, criminal and civil complaint with

Environmental Ombudsman and/or agencies/courts

Prohibited Acts

Littering, throwing, dumping of waste matters in public places.

Undertaking activities or operating, collecting or transporting

equipment in violation of sanitation operation and other

requirements or permits set forth in or established pursuant to

the Act.

Open burning of solid waste.

Causing or permitting the collection of non-segregated or

unsorted waste.

Squatting in open dumps and landfills.

Open dumping, burying of biodegradable or non-biodegradable

materials in flood-prone areas.

Unauthorized removal of recyclable material intended for

collection by authorized persons

Mixing of source-separated recyclable material with other solid

waste in any vehicle, box, container or receptacle used in solid

waste collection or disposal



Establishment or operation of open dumps as enjoined in the Act,

or closure of said dumps in violation of Sec. 37 of the Act

Manufacture, distribution or use of non-environmentally

acceptable packaging materials

Any Violator is Liable

The Department or other implementing agencies with respect to

orders, rules and regulations issued inconsistent with R.A. 9003,

and

Any person who violates or fails to comply with the provisions of

this Act or its implementing rules and regulations

3. Any public official who willfully or grossly neglects the

performance of an act specifically enjoined as a duty by this Act or

its implementing rules and regulations or abuse his authority in

the performance of his duty; or, in any manner, improperly

performs his duties under this Act or its implementing rules and

regulations.

Benefits of Waste Mgt. Program

Reduced operating costReduced risk liability

Improved institutional image

Reduced ecological damage

Improved employee and public health

Improved compliance to environmental legislation

Fines & Penalties

Par. 1. Littering,

throwing,

dumping of waste

matters in public

places, such as

roads, sidewalks,

canals, esteros or

parks, andestablishment, or

causing or

permitting the

same

Payment in the

amounts not less

than Three

hundred pesos

(P300.000) but

not more than

One thousand

pesos(P1,000.00) or

Rendering of

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

Par. 3. The open

burning of solid

waste

Payment in the

amounts 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)

days to not more than

six (6) months or both

Par. 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

For the first

time, shall 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

annual income

during theprevious year

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 of the Act,

paragraphs (9) and (10)

envi exam review

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