ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2001

AN ACT OF 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.

  

 

 

Chapter 1. GENERAL PROVISIONS Chapter 2. INSTITUTIONAL MECHANISMS Chapter 3. COMPREHENSIVE SOLID WASTE MANAGEMENT Chapter 4. INCENTIVES Chapter 5. FINANCING SOLID WASTE MANAGEMENT Chapter 6. PENAL PROVISIONS Chapter 7. MISCELLANEOUS PROVISIONS

- Has 2 articles and 3 sections SECTION 1. Short Title. This Act shall be known as the Ecological Solid Waste Management Act of 2000. SECTION 2. Declaration Policies.- It is hereby declared the policy of the state to adopt a systematic, comprehensive and ecological solid waste management program

a. Ensure the protection of the public health and environment; b. Utilize environmentally-sound methods; c. Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste minimization measures.

d. Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid; e. Promote national research and development programs for improved solid waste management and resource conservation techniques; 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 ecological waste management programs; and J. Strengthen the integration of ecological solid waste management and resource conservation and recovery topics into the academic curricula to promote environmental awareness and action among citizenry.

Article 2. section 3. Definition of Terms

Establishes the National Solid Waste Management Commission to oversea solid waste management plans and prescribe policies to achieve the objectives of the act. Commission is composed of 17 members: 14 from relevant government agencies and 3 from the private sector.

Identifies parties responsible for implementation of the act.



Sec. 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.

Sec. 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: Sec. 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.

Provincial and Municipal boards provide:

Solid waste management plan  Monitor implementation  Develop mechanisms and guidelines for implementation  Provide logistic support


Sec. 13. 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.

Provides the timetable for the preparation of guidelines. This includes:

6months for the National Solid Waste Management Status Report; and  Formulation and implementation of the National Solid Waste Management Framework 6 months after the completion of the National Solid Waste Management Status report.


Art. 2. Sec. 21. Mandatory Segregation of Solid Wastes. 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.

Art. 3. Collection and Transport of Solid Wastes

Sets the requirements for the collection and transport of solid waste.  Sets the guidelines for the creation of solid waste transfer stations.


Art. 4. Recycling program.



Sec. 27 . Requirement for Eco-labeling  Sec. 30. Prohibition on the Use of Non-Environmentally Acceptable Packaging.  Sec. 31. Recycling Market Development.  Sec. 32. Establishment of LGU Materials Recovery Facility.

Art. 6. Waste Management Facilities

Sec. 37. Prohibition Against the Use of Open Dumps for Solid Waste.  Sec. 41. Criteria for Establishment of Sanitary Landfill.  Sec. 42. Operating Criteria for Sanitary Landfills.


Art. 7. Sec 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.

Provides the incentives for implementation of provisions of the Act. Includes:



Fiscal incentives such as tax exceptions and tax credits to LGUs and private operators. Non-fiscal objectives outlined in E.O 226, otherwise known as the Omnibus Investments Code. Financial Assistance Program

Chapter 5. Establishes a fund accessible to the LGUs. To be used as capitals, awards, funding for R&D. Chapter 6. Penal Provisions.
For individuals and for Lgus failing to implement the Act.  Sec. 50. Administrative Sanctions. Local government officials and officials of government agencies 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 existing laws, rules and regulations.


Chapter 7. MISCELLANEOUS PROVISIONS



Public hearings, educations, and research, initial funding, and implementing rules and regulations.

20 million pesos has been set aside for the preparation of all the initial reports.


Amount is insufficient considering that there are 136 cities, 1495 municipalities, and 81 provinces in the country. Only 272 LGUs have submitted the required 10 year plans

RA 9003 makes implementation of the responsibility of the LGU. Contains weak provisions/lacks enforcement with regards to forcing the LGUs to take action. Does not take into account the politicians that are supposed to be implementing the rules. Garbage collection at low density local governments not taken into account.

Cost of implementation may be out of reach for municipalities classified as class 2 (below 35,000,000 in revenue) or lower.
 

Sanitary landfills are expensive MRF facilities needs to be staffed.

Government funding is inappropriate.

Interested LGUs are forced to obtain funding from foreign sources.

ECOGOV (USAID) US  German Development Service (DED)- Germany  Swedish International Development Cooperation Agency(SIDA) Sweden  Japan International Cooperation Agency(JICA) Japan


Indicative Of the problems in funding from the national government.

Much needed law but implementation is weak.



In EMB 7 only 1 person is assigned to this section(Out of about 40 employees). Most of his time spend on public consultations.

Provisions on packaging and segregation not widely implemented.



Trash generation per person must be reduced.

Garbage collectors themselves do not segregate, even then garbage is sorted.



Fines must be imposed.

Education of the public is neglected

Education representative to commision  Jagna case


High profile arrest/convictions to spur implementation. Majority of the commission is from department level agencies. LGUs and private parties are underrepresented.

    

Dumaguete Jagna Palawan Marikina Pinagkaisan (Selected barangays in QC)

Thank you!