This FAQs Notes were prepared for the November 16, 2013 airing of Sayri ang Balaud. The topic for the day is about Ecological Solid Waste Management Act of 2000 or RA 9003.
1. What is the role of the State in Solid
Waste Management under this Act?
Ans.:
this Act declares that the State has the responsibility to adopt a
systematic, comprehensive and ecological solid waste management (SWM) program.
To summarize this policy, the State has the following tasks;
a.
Protection of public health and environment;
b.
Utilization, conservation and recovery of
valuable resources;
c.
Waste avoidance and volume reduction at source;
d.
Adoption of environment al management practices;
e.
Conduct of national research and development on
improved solid waste management and resource conservation techniques;
f.
Encouragement of private and public sector
participation in solid waste management;
g.
Enforcement and responsibility for solid waste
management with LGUs, NGOs and private sector; and
h.
Integration of ecological waste management into
the academic curricula to promote environmental protection awareness.
2. How about the business and industry? What
is its role under this act?
Ans.:
Under RA 9003, commercial and
industrial establishments shall be encouraged, through appropriate incentives
other than tax incentives:
a.
To initiate, participate and invest in integrated
ecological SWM projects;
b.
To manufacture environment-friendly products;
c.
To introduce, develop and adopt innovative
processes; and
d.
To undertake community activities to promote and
propagate effective SWM practice.
3. What is the institutional mechanism for
implementing Solid Waste Management (SWM)?
Ans.:
Implementing Ecological Solid Waste
management in the country shall have the following chain of institutional
mechanism:
a.
National Solid Waste Management Commission
Provincial Solid Waste Management Board
City/Municipal Solid Waste Management Board
Barangay Solid Waste Management Board
4. What is the Role of the National Solid
Waste Management Commission?
Ans.:
the role of the NSWMC is to oversee the implementation of solid waste management
plans and among others, shall coordinate the operation of local solid waste
management boards in the provincial and city/municipal levels and to provide
technical and marketing assistance to the LGUs for materials that are diverted
from disposal facilities through re-use, recycling, and composting, and other
environment-friendly methods.
5. What are the requirements for Households,
Business Establishments and LGUs under this Act?
Ans.:
The following are the requirements, to wit;
a.
Segregation
at source – Section 21, RA 9003 states that segregation of wastes shall
primarily be conducted at the source, to include household institutional,
industrial, commercial and agricultural resources. Wastes shall be segregated
using the following guidelines: for premises containing six (6) or more
residential units, the LGU shall promulgate regulations requiring the owner or
person in charge of such premises to;
i.
Provide residents a designated area and
containers in which to accumulate source separated recyclable materials to be
collected by the municipality or private center; and
ii.
Notify the occupants of such building of the
requirements of this Act and the regulations promulgated pursuant thereto.
b.
Segregated
Collection – Section 22, RA 9003 provides that the following shall be the
minimum standards and requirements for segregation and storage of solid waste
pending collection:
i.
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
ii.
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.
c.
Establishment
of Material Recovery Facilities – Section 32, RA 9003 states that 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.
d.
Recycling
– Section 26-30, RA 9003 specify details on the recycling program. The DTI,
in cooperation with the DENR, the DILG and other concerned agencies and
sectors, shall publish a study of existing markets for processing and
purchasing recyclable materials and potential steps necessary to expand these
markets. In addition, the DTI shall formulate and implement a coding system for
packaging materials and products to facilitate waste and recycling and re-use.
e.
Establishment
of Multi-Purpose Environment Cooperatives or association in every LGU –
shall undertake activities to promote the implementation and/or directly
undertake projects in compliance with the provisions of this Act (Sec. 13, RA
9003).
f.
Establishment
of Mandatory Solid Waste Diversion – mandates that the LGU shall divert at
least 25% of all wastes from waste disposal facilities through re-use,
recycling and composting and other resource recovery activities and that the
waste diversion goals shall be increased every three years thereafter (Sec. 20,
RA 9003).
g.
Creation
of Solid Waste Management Funds – a special account in the National
Treasury to be created for a Solid Waste Management Fund to be administered by
the NSWMC (Sec. 46, RA 9003).
h.
Research
on Solid Waste Management
i.
Conduct
of Public Education Information – NSWMC shall, in coordination with DedEd,
TESDA, CHED, DILG and PIA, conduct a continuing education and information
campaign on solid waste management (Sec. 55, RA 9003).
j.
Environmental
Education in the Formal and Non-formal Sectors
6. What are the prohibited acts under this Act
and its corresponding penalties?
Ans.:
Section 48, RA 9003 prohibits the following acts, to wit;
a.
Littering, throwing, dumping of waste matters in
public places, such as roads, sidewalks, canals, “esteros” or parks, and establishments
(Fine: P300 – P1,000).
b.
Causing or permitting the collection of
non-segregated wastes (Fine: P1,000 –
P3,000).
c.
Establishment or operation of dumps (Fine: P50,000+5-10% of net annual income)
d.
Transport and dumping in bulk of collected
domestic, industrial, commercial and institutional wastes in areas other than
centers or facilities prescribed in the Act. (Fine: P10,000 – P200,000).
e.
Manufacture, distribution or use of
non-environmentally acceptable packaging materials (Fine: P5,000+5-10% of net annual income).
f.
Importation of consumer products packaged in NEA
materials (Fine: P5,000+5-10% of net
annual income).
g.
Mixing of source-separated recyclable materials
with other solid waste (Fine:
P5,000+5+10% of net annual income).
h.
Importation of toxic wastes misrepresented as
“recyclable” or “with recyclable content” (Fine:
P10,000 – P200,000).
7. What is the prohibition against the use of
Dumps for Solid Waste?
Ans.:
Section 37, RA 9003 states that no open dumps shall be established and
operated, nor any practice or disposal of solid waste by any person, including
LGUs which constitute the use of open dumps for solid waste, be allowed. RA
9003 further states that every LGU shall convert its open dumps into controlled
dumps, in accordance with the guidelines set in Section 39 and 40 on sanitary
landfill in accordance to Section 41 of this Act.
8. What is a citizen suit, as provided under
this act?
Ans.:
it means that any citizen may file an appropriate civil, criminal or
administrative action against:
a.
Any person who violates or fails to comply with
the provisions of the Act or its implementing Rules and Regulations;
b.
The DENR or other implementing agencies with
respect to orders, rules and regulations issued; or
c.
Any public officer who wilfully or grossly
neglects the performance of an act.
9. When does the provision on not using
non-environmentally acceptable products as defined in this Act not applicable?
Ans.:
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 NSWMC.
10. Where segregation and collection of solid
waste should be conducted?
Ans.:
Segregation and collection of solid waste shall be conducted at the:
a.
Barangay
Level – specifically for biodegradable, compostable and reusable wastes.
b.
Municipality
and City – specifically
non-recyclable materials and special wastes.
Sayri ang Balaud airs every Tuesday and Thursday from 5:00 PM to 6:00 PM, broadcasting all over Davao Region at DXUM 819kHz on your AM dial.
