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
sound solid waste management facilities in accordance with ecologically sustainable development
principles;

(d) Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste
through the formulation and adoption of the best environmental practice in ecological waste
management excluding incineration;

(e) Promote national research and development programs for improved solid waste management and
resource conservation techniques, more effective institutional arrangement and indigenous and
improved methods of waste reduction, collection, separation and recovery;

(f) Encourage greater private sector participation in solid waste management;

(g) Retain primary enforcement and responsibility of solid waste management with local government
units while establishing a cooperative effort among the national government, other local government
units, non- government organizations, and the private sector;

(h) Encourage cooperation and self-regulation among waste generators through the application of
market-based instruments;

(i) Institutionalize public participation in the development and implementation of national and local
integrated, comprehensive, and ecological waste management programs; and
(j) Strength the integration of ecological solid waste management and resource conservation and
recovery topics into the academic curricula of formal and non-formal education in order to promote
environmental awareness and action among the citizenry.

CHAPTER II
INSTITUTIONAL MECHANISM

Section 4. National Solid Waste Management Commission - There is hereby established a National Solid
Waste Management Commission, hereinafter referred to as the Commission, under the Office of the
President. The Commissioner shall be composed of fourteen (14) members from the government sector
and three members from the private sector. The government sector shall be represented by the heads
of the following agencies in their ex officio capacity:

(1) Department of Environment and Natural Resources (DENR);

(2) Department of the Interior and Local Government (DILG);

(3) Department of Science and Technology (DOST);

(4) Department of Public Works and Highways (DPWH);

(5) Department of Health (DOH);

(6) Department of Trade and Industry (DTI);

(7) Department of Agriculture (DA);

(8) Metro Manila Development Authority (MMDA);

(9) League of provincial governors;

(10) League of city mayors;

(11) League of municipal mayors;

(12) Association of barangay councils;

(13) Technical Education and Skills Development Authority (TESDA); and

(14) Philippine Information Agency.

The private sector shall be represented by the following:

(a) A representative from nongovernment organizations (NGOs) whose principal purpose is to promote
recycling and the protection of air and water quality;

(b) A representative from the recycling industry; and

(c) A representative from the manufacturing or packaging industry;

The Commission may, from time to time, call on any other concerned agencies or sectors as it may deem
necessary.
Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall
be nominated through a process designed by themselves and shall be appointed by the President for a
term of three (3) years.

Provided, further, That the Secretaries of the member agencies of the Commission shall formulate action
plans for their respective agencies to complement the National Solid Waste Management Framework.

The Department Secretary and a private sector representative of the Commission shall serve as
chairman and vice chairman, respectively. The private sector representatives of the Commission shall be
appointed on the basis of their integrity, high decree of professionalism and having distinguished
themselves in environmental and resource management. The members of the Commission shall serve
and continue to hold office until their successors shall have been appointed and qualified. Should a
member of the Commission fail to complete his/her term, the unexpired portion of the term. Finally, the
members shall be entitled to reasonable traveling expenses and honoraria.

The Department, through the Environmental Management Bureau, shall provide secretariat support to
the Commission. The Secretariat shall be headed by an executive director who shall be nominated by
the members of the Commission and appointed by the chairman.

Section 5. Powers and Functions of the Commission - The Commission shall oversee the implementation
of solid waste management plans and prescribe policies to achieve the objectives of this Act. The
Commission shall undertake the following activities.

(a) Prepare the national solid waste management framework;

(b) Approve local solid waste management plans in accordance with its rules and regulations;

(c) Review and monitor the implementation of local solid waste management plans;

(d) Coordinate the operation of local solid waste management boards in the provincial and
city/municipal levels;

(e) To the maximum extent feasible, utilizing existing resources, assist provincial, city and municipal solid
waste management plans;

(f) Develop a model provincial, city and municipal solid waste management plan that will establish
prototypes of the content and format which provinces, cities and municipalities may use in meeting the
requirements of the National Solid Waste Management Framework;

(g) Adopt a program to provide technical and other capability building assistance and support to local
government units in the development and implementation of source reduction programs;

(h) Develop and implement a program to assist local government units in the identification of markets
for materials that are diverted from disposal facilities through re-use, recycling, and composting, and
other environment-friendly methods;

(i) Develop a mechanism for the imposition of sanctions for the violations environmental rules and
regulations;

(j) Manage the Solid Waste Management Fund;

(k) Develop and prescribe procedures for the issuance of appropriate permits and clearances.

(l) Review the incentives scheme for effective solid waste management, for purpose of ensuring
relevance and efficiency in achieving the objectives of this Act;

(m) Formulate the necessary education promotion and information campaign strategies;

(n) Establish, after notice and hearing of the parties concerned, standards, criteria, guidelines, and
formula that are fair, equitable and reasonable, in establishing tipping charges and rates that the
proponent will charge in the operation and management of solid waste management facilities and
technologies.

(o) Develop safety nets and alternative livelihood programs for small recyclers and other sectors that
will be affected as a result of the construction and/or operation of solid waste management recycling
plant or facility.

(p) Formulate and update a list of non-environmentally acceptable materials in accordance with the
provisions of this Act. For this purpose, it shall be necessary that proper consultation be conducted by
the Commission with all concerned industries to ensure a list that is based on technological and
economic viability.

(q) Encourage private sector initiatives, community participation and investments resource recovery-
based livelihood programs for local communities.

(r) Encourage all local government agencies and all local government units to patronize products
manufactured using recycled and recyclable materials;

(s) Propose and adopt regulations requiring the source separation and post separation collection,
segregated collection, processing, marketing and sale of organic and designated recyclable material
generated in each local government unit; and

(t) Study and review of the following:

(i) Standards, criteria and guidelines for promulgation and implementation of an integrated national
solid waste management framework; and

(ii) Criteria and guidelines for siting, design, operation and maintenance of solid waste management
facilities.

Section 7. The National Ecology Center - There shall be established a National Ecology Center under the
Commission which shall provide consulting, information, training, and networking services for the
implementation of the provisions of this Act.

In this regard, it shall perform the following functions:

(a) Facilitate training and education in integrated ecological solid waste management;

(b) Establish and manage a solid waste management information data base, in coordination with the DTI
and other concerned agencies:
(1) on solid waste generation and management techniques as well as the management, technical and
operational approaches to resource recovery; and

(2) of processors/recyclers, the list of materials being recycled or bought by them and their respective
prices;

(c) Promote the development of a recycling market through the establishment of a national recycling
network that will enhance the opportunity to recycle;

(d) Provide or facilitate expert assistance in pilot modeling of solid waste management facilities; and

(e) Develop, test, and disseminate model waste minimization and reduction auditing procedures for
evaluating options.

The National Ecology Center shall be headed by the director of the Bureau in his ex officio capacity. It
shall maintain a multi-sectoral, multi-disciplinary pool of experts including those from the academe,
inventors, practicing professionals, business and industry, youth , women and other concerned sectors,
who shall be screened according to qualifications set by the Commission.

Section 8. Role of the Department. - For the furtherance of the objectives of this Act, the Department
shall have the following functions:

(a) Chair the Commission created pursuant to this Act;

(b) Prepare an annual National Solid Waste Management Status Report;

(c) Prepare and distribute information, education and communication materials on solid waste
management;

(d) Establish methods and other parameters for the measurement of waste reduction, collection and
disposal;

(e) Provide technical and other capability building assistance and support to the LGUs in the
development and implementation of local solid waste management plans and programs;

(f) Recommend policies to eliminate barriers to waste reduction programs;

(g) Exercise visitorial and enforcement powers to ensure strict compliance with this Act;

(h) Perform such other powers and functions necessary to achieve the objectives of this Act; and

(i) Issue rules and regulations to effectively implement the provisions of this Act.

Section 9. Visitorial Powers of the Department. - The Department or its duly authorized representative
shall have access to, and the right to copy therefrom, the records required to be maintained pursuant to
the provisions of this Act. The Secretary or the duly authorized representative shall likewise have the
right to enter the premises of any generator, recycler or manufacturer, or other facilities any time to
question any employee or investigate any fact, condition or matter which may be necessary to
determine any violation, or which may aid in the effective enforcement of this Act and its implementing
rules and regulations. This Section shall not apply to private dwelling places unless the visitorial power is
otherwise judicially authorized.
Section 10. Role of LGUs in Solid Waste Management - Pursuant to the relevant provisions of R.A. No.
7160, otherwise known as the Local government code, the LGUs shall be primarily responsible for the
implementation and enforcement of the provisions of this Act within their respective jurisdictions.

Segregation and collection of solid waste shall be conducted at the barangay level specifically for
biodegradable, compostable and reusable wastes: Provided, That the collection of non-recyclable
materials and special wastes shall be the responsibility of the municipality or city.

Section 11. Provincial Solid Waste Management Board - A Provincial Solid Waste Management board
shall be established in every province, to be chaired by the governor. Its members shall include:

(a) All the mayors of its component cities and municipalities;

(b) One (1) representative from the Sangguniang Panlalawigan to be represented by the chairperson of
either the Committees on Environment or Health or their equivalent committees, to be nominated by
the presiding officer;

(c) The provincial health and/or general services officers, whichever may be recommended by the
governor;

(d) The provincial environment and natural resources officer;

(e) The provincial engineer;

(f) Congressional representatives from each congressional district within the province;

(g) A representative from the NGO sector whose principal purpose is to promote recycling and the
protection of air and water quality;

(h) A representative from the recycling industry;

(i) A representative from the manufacturing or packaging industry; and

(j) A representative of each concerned government agency possessing relevant technical and marketing
expertise as may be determined by the board.

The Provincial Solid Waste Management Board may, from time to time, call on any other concerned
agencies or sectors as it may deem necessary.

Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall
be selected through a process designed by themselves and shall be endorsed by the government agency
of representatives of the Board: Provided, further, that in the Province of Palawan, the Board shall be
chaired by the chairman of the Palawan Council for Sustainable Development, pursuant to Republic Act
No. 7611.

In the case of Metro Manila, the Board shall be chaired by the chairperson of the MMDA and its
members shall include:

(i) all mayors of its component cities and municipalities;

(ii) a representative from the NGO sector whose principal purpose is to promote recycling and the
protection of air and water quality;
(iii) a representative from the recycling industry; and

(iv) a representative from the manufacturing or packaging industry.

The Board may, from time to time, call on any other concerned agencies or sectors as it may deem
necessary.

Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall
be selected through a process designed by themselves and shall be endorsed by the government agency
representatives of the Board.

The Provincial Solid Waste Management Board shall have the following functions and responsibilities:

(1) Develop a provincial solid waste management plan from the submitted solid waste management
plans of the respective city and municipal solid waste management boards herein created. It shall
review and integrate the submitted plans of all its component cities and municipalities and ensure that
the various plan complement each other, and have the requisite components. The Provincial Solid
Waste Management Plan shall be submitted to the Commission for approval.

The Provincial Plans shall reflect the general program of action and initiatives of the provincial
government and implementing a solid waste management program that would support the various
initiatives of its component cities and municipalities.

(2) Provide the necessary logistical and operational support to its component cities and municipalities in
consonance with subsection (f) of Sec.17 of the Local Government Code;

(3) Recommend measures and safeguards against pollution and for the preservation of the natural
ecosystem;

(4) Recommend measures to generate resources, funding and implementation of project and activities
as specified in the duly approved solid waste management plans;

(5) Identify areas within its jurisdiction which have common solid waste management problems and are
appropriate units are planning local solid waste management services in accordance with Section 41
hereof;

(6) Coordinate the efforts of the component cities and municipalities in the implementation of the
Provincial Solid Waste Management Plan;

(7) Develop an appropriate incentive scheme as an integral component of the Provincial Solid Waste
Management Plan;

(8) Convene joint meetings of the provincial, city and municipal solid waste management boards at least
every quarter for purposes of integrating, synchronizing, monitoring and evaluating the development
and implementation of its provincial solid waste management plan;

(9) Represent any of its component city or municipality in coordinating its resource and operational
requirements with agencies of the national government;

(10) Oversee the implementation of the Provincial Solid Waste Management Plant;
(11) Review every two (2) years or as the need arises the Provincial Solid Waste Management Plan for
purposes of ensuring its sustainability, viability, effectiveness and relevance in relation to local and
international development in the field of solid waste management; and

(12) Allow for the clustering of LGUs for the solution of common solid waste management problems.

Section 12. City and Municipal Solid Waste Management Board - Each city or municipality shall form a
City or Municipal Waste Management Board that shall prepare, submit and implement a plan for the
safe and sanitary management of solid waste generated in areas under in geographic and political
coverage.

The City or Municipal Solid Waste Management Board shall be composed of the city or municipal mayor
as head with the following as members:

a) One (1) representative of Sangguniang Panlungsod or the Sangguniang Bayan, preferably chairpersons
of either the Committees on Environment or Health, who will be designated by the presiding officer;

b) President of the Association of Barangay Councils in the municipality or city;

c) Chairperson of the Sangguniang Kabataan Federation;

d) A representative from NGOs whose principal purpose is to promote recycling and the protection of air
and water quality;

e) A representative from the recycling industry;

f) A representative from the manufacturing or packaging industry; and

g) A representative of each concerned government agency possessing relevant technical and marketing
expertise as may be determined by the Board.

The City or Municipal Solid Waste Management Board may, from time to time, call on any concerned
agencies or sectors as it may deem necessary.

Provided, That representatives from NGOs, recycling and manufacturing or packaging industries shall be
selected through a process designed by themselves and shall be endorsed by the government agency
representatives of the Board.

The City and Municipal Solid Waste Management Boards shall have the following duties and
responsibilities:

(1) Develop the City or Municipal Solid Waste Management Plan that shall ensure the long-term
management of solid waste, as well as integrate the various solid waste management plans and
strategies of the barangays in its area of jurisdiction. In the development of the Solid Waste
Management Plan, it shall conduct consultations with the various sectors of the community;

(2) Adopt measures to promote and ensure the viability and effective implementation of solid waste
management programs in its component barangays;

(3) Monitor the implementation of the City or Municipal Solid Waste Management Plan through its
various political subdivisions and in cooperation with the private sector and the NGOs;
(4) Adopt specific revenue-generating measures to promote the viability of its Solid Waste Management
Plan;

(5) Convene regular meetings for purposes of planning and coordinating the implementation of the solid
waste management plans of the respective component barangays;

(6) Oversee the implementation of the City or Municipal Solid Waste Management Plan;

(7) Review every two (2) years or as the need arises the City or Municipal Solid Waste Management Plan
for purposes of ensuring its sustainability, viability, effectiveness and relevance in relation to local and
international developments in the field of solid waste management;

(8) Develop the specific mechanics and guidelines for the implementation of the City or Municipal Solid
Waste Management Plan;

(9) Recommended to appropriate local government authorities specific measures or proposals for
franchise or build-operate-transfer agreements with duly recognized institutions, pursuant to R.A.6957,
to provide either exclusive or non-exclusive authority for the collection, transfer, storage, processing,
recycling or disposal of municipal solid waste. The proposals shall take into consideration appropriate
government rules and regulations on contracts, franchise and build-operate-transfer agreements;

(10) Provide the necessary logistical and operational support to its component cities and municipalities
in consonance with subsection (f) of Sec. 17 of the Local Government Code;

(11) Recommended measures and safeguards against pollution and for the preservation of the natural
ecosystem; and

(12) Coordinates the efforts of its components barangays in the implementation of the city or municipal
Solid Waste Management Plan.

Section13. Establishment of Multi-Purpose Environment Cooperatives or Association in Every LGU -

Multi-purpose cooperatives and associations that shall undertake activities to promote the
implementation and/ or directly undertake projects in compliance with the provisions of this Act shall be
encouraged and promoted in every LGU.

Article 2
Segregation of Wastes

Section 21. Mandatory Segregation of Solid Wastes - The LGUs shall evaluate alternative roles for the
public and private sectors in providing collection services, type of collection system, or combination of
systems, that best meet their needs: Provided, That 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, the local government unit shall promulgate
regulations requiring the owner or person in charge of such premises to:

(a) 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
(b) notify the occupants of each buildings of the requirements of this Act and the regulations
promulgated pursuant thereto.

Section 22. Requirements for the Segregation and Storage of Solid Waste - The following shall be the
minimum standards and requirements for segregation and storage of solid waste pending collection:

(a) There shall be a 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

(b) The solid waste container depending on its use shall be 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.

Article 4
Recycling Program

Section 26. Inventory of Existing Markets for Recyclable Materials - The DTI shall within six (6) months
from the effectivity of this Act and in cooperation with the Department, the DILG and other concerned
agencies and sectors, publish a study of existing markets 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.

Section 27. Requirement for Eco-Labeling - The DTI shall formulate and implement a coding system for
packaging materials and products to facilitate waste and recycling and re-use.

Section 28. Reclamation Programs and Buy-back Centers for Recyclables and Toxics - The National
Ecology Center shall 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. Upon effectivity of this Act, 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.

Section 29. Non-Environmentally Acceptable Products - Within one (1) year from the effectivity of this
Act, the Commission shall, after public notice and hearing, prepare a list of nonenvironmentally
acceptable products as defined in this Act that shall be prohibited according to a schedule that shall be
prepared by the Commission: Provided, however, That 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.

Notwithstanding any other provisions to the contrary, this section shall not apply to:

(a) Packaging used at hospitals, nursing homes or other medical facilities; and
(b) Any packaging which is not environmentally acceptable, but for which there is no commercially
available alternatives as determined by the Commission.

The Commission shall annually review and update the list of prohibited non-environmentally acceptable
products.

Section 30. 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: Provided, That the Commission 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 the revocation, suspension, denial or non-
renewal of any license for the establishment in which the violation occurs.

Section 31. Recycling Market Development - The Commission together with the National Ecology Center,
the DTI and the Department of Finance shall establish procedures, standards and strategies to market
recyclable materials and develop the local market for recycle goods, including but not limited to:

(a) measures providing economic incentives and assistance including loans and grants for the
establishment of privately-owned facilities to manufacture finished products from post-consumer
materials;

(b) guarantees by the national and local governments to purchase a percentage of the output of the
facility; and

(c) maintaining a list of prospective buyers, establishing contact with prospective buyers and reviewing
and making any necessary changes in collecting or processing the materials to improve their
marketability.

In order to encourage establishments of new facilities to produce goods from post-consumer and
recovered materials generated within local government units, and to conserve energy by reducing
materials transportation, whenever appropriate, each local government unit may arranged for long-
term contracts to purchase a substantial share of the product output of a proposed facility which will be
based in the jurisdiction of the local government unit if such facility will manufacture such finished
products form post-consumer and recovered materials.

Section 32. Establishment of LGU Materials Recovery Facility. - There shall be established a Materials
Recovery Facility (MRF) 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. For this purpose, the barangay or cluster of barangays shall allocate a certain parcel of
land for the MRF. 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.

Section 33. Guidelines for Establishment of Materials Recovery Facility - Materials recovery facilities shall
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.

Article 5
Composting

Section 34. Inventory of Markets of Composts - Within six (6) months after the effectivity of this Act, the
DA shall publish an inventory of existing markets and demands for composts. Said inventory shall
thereafter be updated and published annually: Provided, That the composting of agricultural wastes and
other compostable materials, including but not limited to garden wastes, shall be encouraged.

Section 35. 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.

Article 6
Waste Management Facilities

Section 37. Prohibition Against the Use of Open Dumps for Solid Waste - No open dumps shall be
established and operated, nor any practice or disposal of solid waste by any person, including LGUs,
which constitutes the use of open dumps for solid wastes, be allowed after the effectivity of this
Acts: Provided, That within three (3) years after the effectivity of this Act, every LGU shall convert its
open dumps into controlled dumps, in accordance with the guidelines set in Sec. 41 of this
Act: Provided, further, That no controlled dumps shall be allowed five (5) years following the effectivity
of this Act.

Section 38. Permit for Solid Waste Management Facility Construction and Expansion - No person shall
commence operation, including site preparation and construction of a new solid waste management
facility or the expansion of an existing facility until said person obtains an Environment Compliance
Certificate (ECC) from the Department pursuant to P.D. 1586 and other permits and clearances form
concerned agencies.

Section 39. Guidelines for Controlled Dumps - The following shall be the minimum considerations for the
establishments of controlled dumps:

(a) Regular inert cover;

(b) Surface water and peripheral site drainage control;

(c) Provision for aerobic and anaerobic decomposition;

(d) Restriction of waste deposition to small working areas;

(e) Fence, including provisions for litter control;

(f) Basic record-keeping;

(g) Provision of maintained access road;

(h) Controlled waste picking and trading;

(i) Post-closure site cover and vegetation; and

(j) Hydro geological siting.

Section 40. Criteria for Siting a Sanitary Landfill - The following shall be the minimum criteria for the
siting of sanitary landfills:

(a) The site selected must be consistent with the overall land use plan of the LGU;

(b) The site must be accessible from major roadways or thoroughfares;

(c) The site should have an adequate quantity of earth cover material that is easily handled and
compacted;

(d) The site must be chosen with regard for the sensitivities of the community's residents;

(e) The site must be located in an area where the landfill's operation will not detrimentally affect
environmentally sensitive resources such as aquifer, groundwater reservoir or watershed area;

(f) The site should be 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;

(g) The site chosen 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;

(h) Operating plans must include provisions for coordinating with recycling and resource recovery
projects; and

(i) Designation of a separate containment area for household hazardous wastes.

Section 41. Criteria for Establishment of Sanitary Landfill - The following shall be the minimum criteria
for the establishment of sanitary landfills:

(a) Liners - a system of clay layers and/or geosynthethic membranes used to contain leachate and
reduce or prevent contaminant flow to groundwater;

(b) 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;
(c) 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;

(d) Groundwater monitoring well system - wells placed at an appropriate location and depth for taking
water that are representative of ground water quality;

(e) Cover - two (2) forms of cover consisting of soil and geosynthetic materials to protect the waste from
long-term contact with the environment:

(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.

(f) 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;

(g) 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 environmental protection features,
operating monitoring equipment, remediating groundwater should it become contaminated and
controlling landfill gas migration or emission.

Article 7
Local Government Solid Waste Management

Section 43. Guidelines for Identification of Common Solid Waste Management Problems - For purposes
of encouraging and facilitating the development of local government plans for solid waste management,
the Commission shall, as soon as practicable but not later than six (6) months from the effectivity of this
Act, publish guidelines for the identification of those areas which have common solid waste
management problems and are appropriate units for clustered solid waste management services. The
guidelines shall be based on the following:

(a) the size and location of areas which should be included;

(b) the volume of solid waste which would be generated;

(c) the available means of coordinating local government planning between and among the LGUs and for
the integration of such with the national plan; and

(d) possible lifespan of the disposal facilities.

Section 44. Establishment of Common Waste Treatment and Disposal Facilities - Pursuant to Sec. 33 of
R.A.7160, otherwise known as the Local Government Code, all provinces, cities, municipalities and
barangays, through appropriate ordinances, are hereby mandated to consolidate, or coordinate their
efforts, services, and resources for purposes of jointly addressing common solid waste management
problems and/or establishing common waste disposal facilities.

The Department, the Commission and local solid waste management boards shall provide technical and
marketing assistance to the LGUs.
CHAPTER IV
INCENTIVES

Section 45. Incentives. -

(a) Rewards, monetary or otherwise, shall be provided to individuals, private organizations and entitles,
including non-government organizations, that have undertaken outstanding and innovative projects,
technologies, processes and techniques or activities in re-use, recycling and reduction. Said rewards
shall be sourced from the Fund herein created.

(b) An incentive scheme is hereby provided for the purpose of encouraging LGUs, enterprises, or private
entities, including NGOs, to develop or undertake an effective solid waste management, or actively
participate in any program geared towards the promotion thereof as provided for in this Act.

(1) Fiscal Incentives. - Consistent with the provisions of E.O. 226, otherwise known as the Omnibus
Investments Code, the following tax incentives shall be granted:

(a) Tax and Duty Exemption on Imported Capital Equipment and Vehicles - Within ten (10) years upon
effectively of this Act, LGUs, enterprises or private entities shall enjoy tax and duty free importation of
machinery, equipment, vehicles and spare parts used for collection, transportation, segregation,
recycling, re-use and composing of solid wastes: Provided, That the importation of such machinery,
equipment, vehicle and spare parts shall comply with the following conditions:

(i) They are not manufactured domestically in sufficient quantity, of comparable quality and at
reasonable prices;

(ii) They are reasonably needed and will be used actually, directly and exclusively for the above
mentioned activities;

(iii) The approval of the Board of Investment (BOI) of the DTI for the importation of such machinery,
equipment, vehicle and spare parts.

Provided, further, That the sale, transfer or disposition of such machinery, equipment, vehicle and spare
parts, without prior approval of the (BOI), within five (5) years from the date of acquisition shall be
prohibited, otherwise, the LGU concerned, enterprise or private entities and the vendee, transferee, or
assignee shall be solidarily liable to pay twice the amount of tax and duty exemption given it.

(b) Tax Credit on Domestic Equipment - Within ten (10) years from the effectivity of this Act, a tax credit
equivalent to 50% of the value of the national internal revenue taxes and customs duties that would
have been waived on the machinery, equipment, vehicle and spare parts, had these items been
imported shall be given to enterprises, private entities, including NGOs, subject to the same conditions
and prohibition cited in the preceding paragraph.

(c) Tax and Duty Exemption of Donations, Legacies and Gift - All legacies, gifts and donations to LGUs,
enterprises or private entities, including NGOs, for the support and maintenance of the program for
effective solid waste management shall be exempt from all internal revenue taxes and customs duties,
and shall be deductible in full from the gross income of the donor for income tax purposes.
(2) Non-Fiscal Incentives. - LGUs, enterprises or private entities availing of tax incentives under this Act
shall also be entitled to applicable non-fiscal incentives provided for under E.O. 226, otherwise known as
the Omnibus Investments Code.

The Commission shall provide incentives to businesses and industries that are engaged in the recycling
of wastes and which are registered with the Commission and have been issued ECCs in accordance with
the guidelines established by the Commission. Such incentives shall include simplified procedures for the
importation of equipment, spare parts, new materials, and supplies, and for the export of processed
products.

(3) Financial Assistance Program. - Government financial institutions such as the Development Bank of
the Philippines (DBP), Landbank of the Philippines (LBP), Government Service Insurance System (GSIS),
and such other government institutions providing financial services shall, in accordance with and to the
extent allowed by the enabling provisions of their respective charters or applicable laws, accord high
priority to extend financial services to individuals, enterprises, or private entities engaged in solid waste
management.

(4) Extension of Grants to LGUs. - Provinces, cities and municipalities whose solid waste management
plans have been duly approved by the Commission or who have been commended by the Commission
for adopting innovative solid waste management programs may be entitled to receive grants for the
purpose of developing their technical capacities toward actively participating in the program for
effectively and sustainable solid waste management.

(5) Incentives to Host LGUs. - Local government units who host common waste management facilities
shall be entitled to incentives.

CHAPTER V
FINANCING SOLID WASTE MANAGEMENT

Section 46. Solid Waste Management Fund - There is hereby created, as a special account in the
National Treasury, a Solid Waste Management Fund to be administered by the Commission. Such fund
shall be sourced from the following:

(a) Fines and penalties imposed, proceeds of permits and licenses issued by the Department under this
Act, donations, endowments, grants and contributions from domestic and foreign sources; and

(b) Amounts specifically appropriated for the Fund under the annual General Appropriations Act;

The Fund shall be used to finance the following:

(1) products, facilities, technologies and processes to enhance proper solid waste management;

(2) awards and incentives;

(3) research programs;

(4) information, education, communication and monitoring activities;

(5) technical assistance; and

(6) capability building activities.

LGUs are entitled to avail of the Fund on the basis of their approved solid waste management plan.
Specific criteria for the availment of the Fund shall be prepared by the Commission.

The fines collected under Sec. 49 shall be allocated to the LGU where the fined prohibited acts are
committed in order to finance the solid waste management of said LGU. Such allocation shall be based
on a sharing scheme between the Fund and the LGU concerned.

In no case, however, shall the Fund be used for the creation of positions or payment of salaries and
wages.

CHAPTER VI
PENAL PROVISIONS

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 -

(a) 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;

(b) 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;

(c) 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;

(d) 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.

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).

(e) 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;

(f) 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.

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.

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

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.