eswm report

8/21/2019 ESWM Report

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Republic Act 9003 - Ecological

Solid Waste Management Act of

2000.

Art IISegregation of Solid

Wastes

Sec. 21 Mandatory Segregation

of Solid Wastes.

LGUs will manage collection

services, type of collection

system, or combination of

systems, that best meet the

needs of the public and private

sectors.

For premises with six or more

residential units, LGUs shall

promulgate regulations requiring

owners or persons in charge of

such premises to:

Provide designated areas and

containers to accumulate

recyclable materials to be

collected by the municipalityor private center.

Notify occupants of the

requirements of this Act and

its regulations.

Sec. 22 Requirements for the

Segregation and Storage of

Solid Waste.

Minimum standards andrequirements for segregation and

storage of solid waste pending

collection:

There shall be separate

containers from all sources.

In case of bulky waste, it will

suffice to collect and place

them in a separate area.

The solid waste containers

should be markedcompostable,non-

recyclable, recyclable, or

special waste, or other

classification determined by

the Commission.

Art III Collection and

Transport of Solid Wastes

Sec. 23 - Requirements for

Collection of Solid Waste.

Minimum standards and

requirements for collection:

Collectors should be

equipped with personal

protective equipment for the

hazards of handling wastes.

Collectors and other

personnel should be trained

to ensure proper handling inaccordance to the guidelines

of this Act.

Collection shall be done in

prevention of damage to

containers and spillage or

scattering of waste within the

vicinity of collection.

Sec. 24 Requirements for the

Transport of Solid Waste.

Use of separate collection

schedules and/or trucks or

haulers shall be required for

specific types of wastes.

Otherwise, vehicles used for

collection and transport of the

same shall have appropriate

compartments for efficient

storage of wastes while in

transit.

Vehicles should consider road

size, condition and capacity

to ensure safe transport of

solid waste.

Waste compartments shall

have covers to ensure

containment while in transit.

For identification: vehicles

should have the name, body

and telephone number of the

contractor/agency collecting

solid waste.

Sec. 25 Guidelines for

Transfer Stations.

Shall be designed in

compliance with

environmental standards and

shall store no waste for more

than 24 hours.

The transfer site shall

consider land use plan,proximity to collection area

and accessibility of haul

routes to disposal facility. It

should be designed in

consideration of

accommodation of the waste

and the trucks.

Article 4 Recycling

Program

Sec. 26 - Inventory of

Existing Markets for

Recyclable Materials.

The DTI, DENR and DILG and

other concerned agencies and

sectors shall conduct studies


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to stimulate the demand for

the production of products

containing post-consumer

and recovered materials.

Sec. 27 - Requirement for

Eco-Labeling

The DTI shall implement a

coding system for packaging

materials to facilitate, recycle

and re-use waste.

Sec. 28 - Reclamation Programs

and Buy-back Centers for

Recyclables and Toxics.

The National Ecology Center

and LGUs shall implement

deposit and reclamation

programs to provide

collective systems or

convenient drop-off

locations.

toxic materials present in the

waste stream should be

separated at source, collectedseparately and further

screened and sent to

appropriate hazardous waste

treatment and disposal

plants, consistent with the

provisions of R.A. No. 6969

(Toxic Substances and

Hazardous and Nuclear

Wastes Control Act of 1990)

Sec. 29 - Non-

Environmentally AcceptableProducts

The National Solid Waste

Management Commission

(NSWMC) shall create a list of

prohibited non-

environmentally acceptable

products annually. However,

the alternatives of such

products must not be 10%

more expensive than thedisposable product.

Should not apply to

packaging used at nursing

homes, hospitals or other

medical facilities and those

packaging not

environmentally acceptable

but without available

alternatives determined by

the NSWMC.

Sec. 30 - Prohibition on the

Use of Non-Environmentally

Acceptable Packaging

No person owning, operating

or conducting a commercial

establishment shall sell or

convey at retail any products

in non-environmental

packaging.

The presence of non-

environmental packagingshall constitute a rebuttable

presumption of intent to sell

or convey the same to

costumers.

Any manufacturer, broker or

warehouse operator engaged

in distribution or

transportation of commercial

products should annually

submit a report to their LGU

containing the list ofproducts in non-

environmental packaging.

The NSWMC will prescribe the

form of the reports in its

regulations.

Violations of this section is

grounds for revocation,

suspension, denial or non-

renewal of any license for the

establishment where the

violation occurs.

Sec. 31 - Recycling Market

Development.

The NSWMC, DTI and NEC will

establish standards to

develop market recyclable

materials and local market for

recycle goods including:

Measures for economic

incentives, including loansand grants for establishment

of facilities to manufacture

finished products from post-

consumer materials.

Guarantees by the

government to purchase a

percentage of the outputs of

such facilities.

Maintaining and establishing

a contact with prospective

buyers and making necessarychanges in collection and

process of the materials to

improve their marketability.

LGUs may arrange long-term

contracts to purchase

product outputs of a

proposed facility based on its

jurisdiction in order to

conserve energy and

encourage establishments of

new facilities.

Sec. 32 - Establishment of LGU

Materials Recovery Facility.

Materials Recovery Facilities

shall be allocated in every

barangay or clusters of


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barangays. It shall be in an

open space determined by

the Sangguniang Barangay.

The MRF shall receive mixed

waste for final sorting,segregation, composting and

recycling. The resulting

residue will be transferred

into a long-term storage or

disposal facility or sanitary

landfill.

Sec. 33 - Guidelines for

Establishment of Materials

Recovery Facility

MRFs shall address the ff:

Land layout and

equipment must

accommodate safe and

efficient materials for

movement, processing

and storage.

The building design must

allow efficient external

access to accommodate

internal flow.

Article 5 Composting

Sec. 34 - Inventory of Markets

of Composts

The Department of

Agriculture (DA) will publish

and annually update an

inventory of existing markets

for compost.

Sec. 35 - Guidelines for

Compost Quality

Compost products for

distribution shall conform to

the standards for organic

fertilizers set by the DA, and

to ensure conformity, they

shall assist the producers in

doing so.

Article 6 - Waste Management

Facilities

Sec. 36 - Inventory of Waste

Disposal Facilities

Within 6 mos. from the

effectivity of this Act, the

DENR, DOH, DILG and other

concerned agencies shallpublish an inventory of all

solid waste disposal facilities

and sites in the country.

Sec. 37 - Prohibition Against the

Use of Open Dumps for Solid

Waste.

There shall be no

establishment and operation

of open dumps for solid

waste after the effectivity of

this act. After three years from the

same, every LGU shall convert

its open dumps into

controlled dumps in

accordance to Sec. 41 and no

controlled dumps shall be

allowed 5 years following the

effectivity of this act.

Sec 38 - Permit for Solid Waste

Management FacilityConstruction and Expansion

No person shall operate,

prepare sites and construct

new solid waste management

facilities or expansions of the

same until said person has an

Environment Compliance

Certificate from the DENR

pursuant to P.D. 1586 and

other permits and clearancesfrom concerned agencies.

Sec. 39 - Guidelines forControlled Dumps

The following shall be theminimum considerations for the

establishments of controlleddumps:

(a) Regular inert cover.(b) Surface water and peripheralsite drainage control;(c) Provision for aerobic andanaerobic decomposition;(d) Restriction of wastedeposition to small workingareas;(e) Fence, including provisionsfor litter control;(f) Basic record-keeping;(g) Provision of maintainedaccess road;(h) Controlled waste picking and

trading;(i) Post-closure site cover andvegetation; and(j) Hydro geological siting.

Sec. 40 - Criteria for Siting aSanitary Landfill

The following shall be theminimum criteria for the sitingof sanitary landfills, the sitemust be: (1-7)

Consistent with the overallland use plan of the LGU;

Accessible from majorroadways or thoroughfares;

Having an adequate quantityof earth cover material that is


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easily handled andcompacted;

Chosen with regard for thesensitivities of the

community's residents;

Located in an area where thelandfill's operation will notdetrimentally affectenvironmentally sensitiveresources such as aquifer,groundwater reservoir orwatershed area;

Large enough toaccommodate the

community's wastes for aperiod of five (5) years duringwhich people mustinternalize the value ofenvironmentally sound andsustainable solid wastedisposal;

Able to facilitate developing alandfill that will satisfybudgetary constraints,including site development,operation for many years,

closure, post-closure care andpossible remediation costs;

Operating plans must includeprovisions for coordinatingwith recycling and resourcerecovery projects; and

Designation of a separatecontainment area forhousehold hazardous wastes.

Sec. 41 - Criteria for

Establishment of SanitaryLandfill

The following shall be theminimum criteria for theestablishment of sanitarylandfills:

Liners - a system of claylayers and/or geosynthethicmembranes used to containleachate and reduce orprevent contaminant flow to

groundwater;

Leachate collection andtreatment system -installation of pipes at thelow areas of the liner tocollect leachate for storageand eventual treatment anddischarge;

Gas control and recoverysystem - a series of verticalwells or horizontal trenches

containing permeablematerials and perforatedpiping placed in the landfillto collect gas for treatment orproductive use as an energysource;

Groundwater monitoring wellsystem - wells placed at an

appropriate location anddepth for taking water thatare representative of groundwater quality;

Cover - two (2) forms of coverconsisting of soil andgeosynthetic materials toprotect the waste from long-term contact with theenvironment:

a daily cover placed overthe waste at the close ofeach day's operations,and;

a final cover, or cap,which is the materialplaced over the completedlandfill to controlinfiltration of water, gasemission to theatmosphere, and erosion.

Closure procedure with theobjectives of establishing lowmaintenance cover systemsand final cover thatminimizes the infiltration of

precipitation into the waste.Installation of the final covermust be completed within six(6) months of the last receiptof waste;

Post-closure care procedure -During this period, thelandfill owner shall be

responsible for providing forthe general upkeep of thelandfill, maintaining all of thelandfill's environmentalprotection features, operating

monitoring equipment,remediating groundwatershould it becomecontaminated and controllinglandfill gas migration oremission.

Sec. 42. Operating Criteria forSanitary Landfills

In the operation of a sanitaryland fill, each site operator shall

maintain the following minimumoperating equipment:(a) Disposal site records of, butnot limited to:

(1) Weights or volumes approvedby the DENR submitted byrequest.(2) Excavations which may affectthe safe and proper operation ofthe site or cause damage toadjoining properties;(3) Daily log book or file of the

following information: fires,landslides, earthquake damage,unusual and sudden settlement,injury and property damage,accidents, explosions, receipts orrejection of unpermitted wastes,flooding and other unusualoccurrences;


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(4) Record of personnel training;and

(5) Copy of written notificationto the Department, local health

agency, and fire authority ofnames, addresses and telephonenumbers of the operator orresponsible party of the site;

(b) Water quality monitoring ofsurface and ground waters andeffluent, and gas emissions;

(c) Documentation of approvals,determinations and otherrequirements by the Department;

(d) Signs:

(1) Each point of access from apublic road shall be posted withan easily visible sigh indicatingthe facility name and otherpertinent information as requiredby the Department;

(2) If the site is open to thepublic, there shall be an easilyvisible sign at the primary

entrance of the site indicatingthe name of the site operator, theoperator's telephone number,and hours of operation; an easilyvisible sign at an appropriatepoint shall indicate the scheduleof changes and the general typesof materials which will either beaccepted or not;

(3) If the site is open to thepublic, there shall be an easilyvisible road sign and/or trafficcontrol measures which direct

traffic to the active face andother areas where wastes orrecyclable materials will bedeposited; and

(4) Additional signs and/ormeasures may be required at adisposal site by the Departmentto protect personnel and publichealth and safety;

(e) Monitoring of quality of

surface, ground and effluentwaters, and gas emissions;

(f) The site shall be designed todiscourage unauthorized accessby persons and vehicles by usinga perimeter barrier ortopographic constraints. Areaswithin the site where openstorage, or pounding ofhazardous materials occurs shallbe separately fenced orotherwise secured as determined

by the Department. TheDepartment may also requirethat other areas of the site befenced to create an appropriatelevel of security;

(g) Roads within the permittedfacility boundary shall bedesigned to minimize the

generation of dust and thetracking of material ontoadjacent public roads. Suchroads shall be kept in safecondition and maintained such

that vehicle access andunloading can be conductedduring inclement weather;

(h) Sanitary facilities consistingof adequate number of toiletsand handwashing facilities, shallbe available to personnel at or inthe immediate vicinity of thesite;

(i) Safe and adequate drinking

water supply for the sitepersonnel shall be available;

(j) The site shall havecommunication facilitiesavailable to site personnel toallow quick response toemergencies;

(k) Where operations areconducted during hours ofdarkness, the site and/orequipment shall be equipped

with adequate lighting asapproved by the Department toensure safety and to monitor theeffectiveness of operations;

(l) Operating and maintenancepersonnel shall wear and useappropriate safety equipment asrequired by the Department;

(m) Personnel assigned tooperate the site shall beadequately trained in subjectpertinent to the site operation

and maintenance, hazardousmaterials recognition andscreening, and heavy equipmentoperations, with emphasis onsafety, health, environmentalcontrols and emergencyprocedures. A record of suchtraining shall be placed in theoperating record;

(n) The site operator shallprovide adequate supervision of

a sufficient number of qualifiedpersonnel to ensure properoperation of the site incompliance with all applicablelaws, regulations, permitconditions and otherrequirements. The operator shallnotify the Department and localhealth agency in writing of thenames, addresses, and telephonenumber of the operator orresponsible party. A copy of thewritten notification shall be

placed in the operation record;

(o) Any disposal site open to thepublic shall have an attendantpresent during public operatinghours or the site shall beinspected by the operator on aregularly scheduled basis, asdetermined by the Department;


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(p) Unloading of solid wastesshall be confined to a small areaas possible to accommodate thenumber of vehicles using the

area without resulting in traffic,personnel, or public safetyhazards. Waste materials shallnormally be deposited at the toeof the fill, or as otherwiseapproved by the Department;

(q) Solid waste shall be spreadand compacted in layers withrepeated passages of the landfillequipment to minimize voidswithin the cell and maximize

compaction. The loose layer shallnot exceed a depthapproximately two feet beforecompaction. Spreading andcompacting shall beaccomplished as rapidly aspracticable, unless otherwiseapproved by the Department;

(r) Covered surfaces of thedisposal area shall be graded topromote lateral runoff ofprecipitation and to prevent

pounding. Grades shall beestablished of sufficient slopesto account for future settlementof the fill surface. Other effectivemaintenance methods may beallowed by the Department; and

(s) Cover material or nativematerial unsuitable for cover,

stockpiled on the site for use orremoval, shall be placed so asnot to cause problems orinterfere with unloading,spreading, compacting, access,

safety drainage, or otheroperations.

Article 7Local Government Solid Waste

Management

Sec. 43 - Guidelines forIdentification of Common SolidWaste Management Problems

To encourage and facilitate

development of local governmentplans for SW management, theCommission shall publishidentification guidelines forareas having common wastemanagement problems. Suchguidelines shall be based on theff:

the size and location ofincluded areas

the volume of solid wastewhich would be generated;

(c) the available means ofcoordinating local governmentplanning between and among theLGUs and for the integration ofsuch with the national plan; and

(d) possible lifespan of thedisposal facilities.

Section 44 - Establishment ofCommon Waste Treatment and

Disposal Facilities

Pursuant to Sec. 33 of R.A.7160,all provinces, cities,municipalities and barangays, aremandated to consolidate, orcoordinate their efforts, services,and resources for purposes of

jointly addressing common solidwaste management problemsand/or establishing commonwaste disposal facilities.

Sec. 45 Incentives

Rewards from the created fundare given to those undertakingoutstanding and innovativeactivities involving re-use,reduce and recycle of solidwaste.

1. a. Consistent with E.O. 226,these tax incentives shall begranted within ten (10) yearsupon effectivity. LGUs andenterprises shall enjoy tax and

duty free importation ofmachinery and equipment forcollection transportation,segregation, recycling, re-use andcomposing of solid wastes aslong as they are:

- not manufactured domesticallyin sufficient quantity, of

comparable quality and atreasonable prices;

- reasonably needed and will beused actually, directly and

exclusively for the abovementioned activities;

- approved by the Board ofInvestment (BOI) of the DTI forthe importation of suchmachinery, equipment, vehicleand spare parts.

b. Tax Credit on DomesticEquipmentc. Tax and Duty Exemption of

Donations, Legacies and Gifts

2. Non-Fiscal Incentives3. Financial Assistance Program.4. Extension of Grants to LGUs.5. Incentives to Host LGUs.

CHAPTER VFINANCING SOLID WASTE

MANAGEMENT

Sec. 46 - Solid WasteManagement Fund

As a special account in theNational Treasury, a Solid Waste


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Management fund will be createdand administered by theCommission.

Sources:

- Fines and penalties imposed,proceeds of permits and licensesissued by the Department underthis Act, donations, endowments,grants and contributions fromdomestic and foreign sources;

- Amounts specificallyappropriated for the Fund underthe annual GeneralAppropriations Act

Uses:- products, facilities,technologies and processes toenhance proper solid wastemanagement;- awards and incentives;- research programs;- information, education,communication and monitoringactivities;- technical assistance; and- capability building activities.

CHAPTER VIPENAL PROVISIONS

1. Littering, throwing, dumpingof waste matters in public places,

such as roads, sidewalks, canals,esteros or parks, andestablishment, or causing orpermitting the same (300-1000Php/1-15 days of

community service to an LGU orboth.)

2. Undertaking activities oroperating, collecting ortransporting equipment inviolation of sanitation operationand other requirements orpermits set forth in establishedpursuant; (300-1000Php/1-15days imprisonment or both.)

3.The open burning of solidwaste; (same as number 2)

4. Causing or permitting thecollection of non-segregated orunsorted wastes; (1000-3000Php/15 days-6 monthsimprisonment or both.)

5. Squatting in open dumps andlandfills; (same)

6. Open dumping, burying of

biodegradable or non-biodegradable materials in floodprone areas; (same)

7. Unauthorized removal ofrecyclable material intended forcollection by authorized persons(same)

8. The mixing of source-separated recyclable materialwith other solid waste in anyvehicle, box, container orreceptacle used in solid waste

collection or disposal;(500,000 + 5%-10% of its annualnet income in the previous year.

9. Establishment or operation ofopen dumps as enjoined in thisAct, or closure of said dumps inviolation of Sec. 37; (same + 1-3years imprisonment.)

10. The manufacture,distribution or use of non-

environmentally acceptablepackaging materials;(same + 1-3 years imprisonment)

11. Importation of consumerproducts packaged in non-environmentally acceptablematerials;(same as number 8)

12. Importation of toxic wastesmisrepresented as "recyclable" or"with recyclable content" (10,000-

200,000Php + 30 days - 3 yearsimprisonment or both)

13. Transport and dump in bulkof collected domestic, industrial,commercial, and institutionalwastes in areas other thancenters or facilities prescribeunder this Act. (same)

14. Site preparation,construction, expansion oroperation of waste managementfacilities without an

Environmental ComplianceCertificate required pursuant toPresidential Decree No. 1586 andthis Act and not conforming withthe land use plan of the LGU;(100,000-1,000,000Php/1-6 yearsimprisonment or both.)

15. The construction of anyestablishment within twohundred (200) meters from opendumps or controlled dumps, or

sanitary landfill. (same)

16. The construction oroperation of landfills or anywaste disposal facility on anyaquifer, groundwater reservoir,or watershed area and or anyportions thereof. (same)

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