Ecological Solid Waste Management Act of 2000 PDF

ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000 RA 9003 Toward a Sustainable Future Principles and Practices f o r R e d u c i n g Wa s t e Declaration of Policies. protection of public health and environment environmentally-sound methods that maximize the utilization of va...

ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000 RA 9003 Toward a Sustainable Future Principles and Practices f o r R e d u c i n g Wa s t e Declaration of Policies. protection of public health and environment environmentally-sound methods that maximize the utilization of valuable resources Set guidelines and targets for solid waste avoidance and volume reduction proper segregation, collection, transport, storage, treatment and disposal of solid waste Promote national research and development programs Encourage greater private sector participation Retain primary enforcement and responsibility of solid waste management with local government units Encourage cooperation and self-regulation among waste generators Strengthen the integration of ecological solid waste management  DEFINITION OF TERMS waste generated from planting or harvesting of Agricultural crops, trimming or waste pruning of plants and wastes or run-off materials from farms or fields Bulky refer to waste materials wastes which cannot be appropriately placed in Goal separate containers because of either its bulky size, shape or other physical attributes. Controlled dump refer to a disposal site at which solid waste is deposited in accordance with the minimum prescribed standards of site operation Ecological solid waste management systematic administration of activities which provide for segregation at source, segregated transportation, storage, transfer, processing, treatment, Goal and disposal of solid waste and all other waste management activities which do not harm the environment  refer to solid waste or Hazardous waste combination of solid waste which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to an increase in mortality pose a substantial present or potentialGoal hazard to human health or the environment Materials solid waste transfer station recovery facility or sorting station, drop-off center, a composting facility, and a recycling facility Municipal waste wastes produced from activities within local government units which include a combination of domestic, Goal commercial, institutional and industrial wastes and street litters Open dump refer to a disposal area wherein the solid wastes are indiscriminately thrown or disposed of without due planning and consideration for environmental and health standards Special wastes household hazardous wastes such as paints, thinners, household Goal batteries, lead-acid batteries, spray canisters and the like.  RA 9003 requires a systematic, comprehensive and ecological solid waste management program 01 Proper segregation, collection, 02 transport, storage, treatment and 03 disposal of solid waste management 04 program Segregation and collection- barangay level (biodegradable, compostable and reusables wastes 01 02 Collection of non-recyclable materials 03 and special waste shall be the responsibility of the 04 municipality or city. Mandatory segregation of solid wastes shall primarily be conducted 01 at the source 02 03 04 Segregation at source 01 Solid 02 waste management practice of separating, at the point of origin, different 03 materials found in solid waste to promote recycling end re-use of 04 sources and to reduce the volume of waste for collection and disposal Barangays shall responsible for 01 02 Segregration, and recycling of biodegradable, 03 recyclable, compostable and reusable wastes 04 Material Recovery Facility 01 Receives biodegradable wastes for composting 02 and mixed non- biodegradable wastes for final 03 segregation, re-use and recycling 04 To be established in every barangay or cluster of barangays LGU through LSWMB 01 Prepare 02 a 10 year solid waste management plan consistent with NSWM 03 framework 04 -plan shall be for re-use, recycling and composting of waste  VISITORIAL POWER OF THE DEPARTMENT Access to, and the right to copy therefrom, the records required Secretary or the duly authorized representative shall likewise have right to enter the premises of any generator, recycler or manufacturer to question any employee Sustainable solutions for a better tomorrow Role of LGUs in Solid Waste Management Recycling is not just about the LGUs shall be primarily waste responsible for management; the implementation and it's about enforcement of the provisions resource of this Act management. within their respective jurisdictions. Role of LGUs in Solid Waste Management Recycling Segregation and collection is of solid not just about waste shall be conducted at the barangay level specifically wastefor biodegradable, compostable and reusable wastes: management; it's about resource That the collection of non-recyclable management. materials and special wastes shall be the responsibility of the municipality or city.  Owner and 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 01 - What is assure compliance with these standards and any assigned conditions. When the title to a disposal is transferred to another person, the new it? owner shall be notified by the previous owner of the existence of these standards and of the conditions assigned to assure compliance.  Waste Characterization The Department, in coordination with the LGUs, shall be responsible for the establishment of the guidelines for the accurate characterization of wastes 01 - What is 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 it? hazardous wastes under R.A. 6969, otherwise known as the Toxic Substances and Hazardous  Establishing Mandatory Solid Waste Diversion Each LGU plan shall include an implementation schedule which shows that within five (5) years after the effectivity of this Act; 01 - What is 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: it? That the waste diversion goals shall be increased every three (3) years thereafter 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 01 - What is systems, that best meet their needs That segregation of wastes shall primarily be conducted at the source, to include household, institutional, it? industrial, commercial and agricultural sources 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 01 - What is separated recyclable materials to be collected by the municipality or private center; (b) notify the occupants of such it? buildings of the requirements of this Act and the regulations promulgated pursuant thereto.  Requirements for the Segregation and Storage of Solid Waste (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 01 - What is the same be collected and placed in a separate and designated area (b)The solid waste container depending on its use shall be properly marked or identified for on- site collection as "compostable", "non- it? recyclable", "recyclable" or "special waste", or any other classification as may be determined by the Commission.  Requirements for Collection of Solid Waste (a)All collectors and other personnel directly dealing with collection of solid waste shall be equipped with personal protective equipment to protect them from the hazards of handling solid wastes; 01 - What is (b) 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 pursuant to this Act; and it? (c) 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. Requirements for the Transport of Solid Waste Use of separate collection schedules and/or separate trucks or haulers shall be required for specific types of wastes. 01 - What is Otherwise, 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 shall be designed to consider road size, it? condition and capacity to ensure the safe and efficient collection and transport of solid wastes. Guidelines for Transfer Stations Transfer stations shall be designed and operated for efficient waste handling capacity and in compliance with environmental standards and guidelines 01 - What is That 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 it? design shall giveprimary consideration to size and space sufficiency in order to accommodate the waste for storage and vehicles for loading and unloading of wastes. Establishment of LGU Materials Recovery Facility Established a Materials Recovery Facility (MRF) in every barangay or cluster of barangays. 01 - What is 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. it? 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 (a) The building and/or land layout and equipment must be designed to accommodate 01 - What is efficient and safe materials processing, movement, and storage; (b) The building must be it? designed to allow efficient and safe external access and to accommodate internal flow.  Prohibition Against the Use of No open dumps shall be established and Open Dumps operated, for nor any Solidor Waste practice disposal of solid waste by any person, including LGUs, which constitutes the use of open dumps for solid waste, be allowed after the 01 - What is effectivity of this Act: 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 it? set in Section 41 of this Act That no controlled dumps shall be allowed five (5) years following  Guidelines for Controlled Dumps (a)Regular inert cover; (b)Surface water and peripheral site drainage control; (c)Provision for aerobic and anaerobic 01 - What is decomposition; (d) Restriction of waste deposition to small working areas; (e)Fence, including provision for litter control; (f)Basic record-keeping; (g)Provision of maintained access road; it? (h)Controlled waste picking and trading; (i) Post-closure site cover and vegetation; and Hydrogeological siting.  Criteria for Siting a Sanitary a.The Landfill. site selected must be consistent with the overall land use plan of the LGU; b.(The site must be accessible from 01 - What is major roadways or thoroughfares; c.The site should have an adequate quantity of earth cover material that is easily handled and compacted; it? d.The site must be chosen with regard for the sensitivities of the community's residents  e. The size must be located in an area where the landfill’s operation will not detrimentally affect environmentally sensitive resources such as aquifer, 01 - What is groundwater reservoir or watershed area; (f) The site should be large enough to accommodate the community’s it? wastes for a period of five (5) years during which people must internalize the value of environmentally sound  (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; 01 - What is (h) Operating plans must include provisions for coordinating with recycling and resource recovery projects; and it? (i) Designation of a separate containment area for household hazardous wastes.  Criteria for Establishment of Sanitary Landfill Liners – a system of 01 - What is clay layers and/or geosynthetic membranes used to contain leachate and reduce or prevent contaminant flow to it? groundwater;  Criteria for Establishment of Sanitary Landfill Leachate collection and treatment 01 - What is system – Installation of pipes at the low areas of the liner to collect leachate for storage and it? eventual treatment and discharge;  Gas control recovery system – a series of vertical wells or horizontal trenches containing 01 - What is permeable materials and perforated piping placed in the landfill to collect it? gas for treatment or productive use as an energy  Ground water monitoring well system – wells placed at an appropriate 01 - What is location and depth for taking water samples that are it? representative of groundwater quality  Cover – two (2) forms of cover consisting of soil and geosynthetic materials to protect the waste from long-term contact with the environment: 01 - What is (i) a daily cover place 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 it? to control infiltration of water, gas emission to the atmosphere, and erosion.  Closure procedure – with the objectives of establishing low 01 - What is 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 it? the least receipt of wastes; and  Post-closure care procedure – During this period, the landfill owner shall be responsible for providing for the 01 - What is general upkeep of the landfill, maintaining all of the landfill’s environmental protection features, operating monitoring equipment, remediating groundwater should it it? become contaminated and controlling landfill gas migration or emission.  Incentives Incentives. – (a) Rewards, monetary or otherwise, shall be provided to individuals, private organizations and 01 - What is entities, including non-government organizations, that have undertaken outstanding and innovative projects, technologies, processes and techniques or activities in re-use, it? recycling and reduction. Said reward shall be sourced from the Fund herein created.  Penal Provisions 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; 01 - What is (2) 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 this Act; it? (3) The open burning of solid waste;  (4) Causing or permitting the collection of non- segregated or unsorted waste; (5) Squatting in open dumps and landfills; (6) Open dumping, burying of biodegradable or non-biodegradable materials in flood-prone 01 - What is areas; (7) Unauthorized removal of recyclable material intended for collection by authorized persons; (8) The mixing of source-separated recyclable it? material with other solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal;  9. Importation of consumer products packaged in non-environmentally acceptable materials; 10. Importation of toxic wastes misrepresented as “recyclable” or “with 01 - What is recyclable content”; (11. Transport and dumping in bulk of collected domestic, industrial, commercial 10t? and institutional wastes in areas other than centers of facilities prescribed under this Act;  (13) Transport and dumping in bulk of collected domestic, industrial, commercial and institutional wastes in areas other than centers of facilities prescribed under this Act; 01 - What is (14) Site preparation, construction, expansion or operation of waste management facilities without an Environmental Compliance Certificate required pursuant to Presidential Decree it? 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 landfills; and 01 - What is (16) The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir or watershed area and or any portions it? thereof;  Fines and Penalties (a) Any person who violates Sec. 48, paragraph (1) shall, upon conviction, be punished with a fine of not less 01 - What is 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 it? (15) days to an LGU where such prohibited acts are committed, or both;  Fines and Penalties (a) Any person who violates Sec. 48, paragraph (1) shall, upon conviction, be punished with a fine of not less 01 - What is 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 it? (15) days to an LGU where such prohibited acts are committed, or both;  Fines and Penalties (b) Any person who violates Sec. 48, pars. (2) and (3), shall, upon 01 - What is 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) it? day to not more than fifteen (15) days, or both;  Fines and Penalties (c) Any person who violates Sec. 48 pars. (8), (9), (10) and (11) for the 01 - What is first time shall, upon conviction, 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 it? net annual income during the previous year.  Fines and Penalties (d) The additional penalty of 01 - What is 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, it? paragraphs (9) and (10).  Fines and Penalties (e) Any person who violates Sec. 48, pars. (12) and (13), shall, upon 01 - What is conviction, be punished with a fine of not less than Ten thousand pesos (P10,000.00) but not more than Two hundred thousand pesos (P200,000.00) or imprisonment of not it? less than thirty (30) days but not more than three(3) years, or both;  Fines and Penalties (f) Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon 01 - What is 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 it? less than one (1) year but not more than six (6) years, or both.  Fines and Penalties If the offense is committed by a corporation, partnership, or other 01 - What is juridical entity duly organized in accordance with law, the chief executive officer, president, general manager, managing partner or such other officer-in-charge shall be liable it? for the commission of the offense penalized under this Act.  Fines and Penalties If the offender is an alien, he shall, after service of the sentence prescribed above, be deported without further administrative 01 - What is proceedings. The fines herein prescribed shall be increased by at least ten percent it? (10%) every three (3) years to compensate for inflation and to maintain the deterrent function of  Administrative Sanctions. Local government officials and officials of government agencies 01 - What is concerned who fail to comply with and enforce rules and regulations promulgated relative to this Act shall be charged administratively in accordance with R.A. 7160 and other it? existing laws, rules and regulations.