Republic of the Philippines

Congress of the Philippines

Metro Manila
Eleventh Congress
Republic Act No. 8749 June 23 !999
AN AC" PR#$%&%N' (#R A C#)PRE*EN+%$E A%R P#,,-"%#N C#N"R#, P#,%C. AN& (#R
#"*ER P-RP#+E+
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::
Ch/pter !
'ener/l Provisions
Article #ne
0/sic Air 1u/lit2 Policies
+ection !. Short Title. - This Act shall be known as the 3Philippine Clean Air Act of 1999.3
+ection 2. Declaration of Principles. - The State shall protect and advance the right of the people to
a balanced and healthful ecology in accord with the rhythm and harmony of nature.
The State shall promote and protect the global environment to attain sustainable development while
recognizing the primary responsibility of local government units to deal with environmental problems.
The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-
based.
The State also recognizes the principle that polluters must pay.
!inally" the State recognizes that a clean and healthy environment is for the good of all and should"
therefore" be the concern of all.
+ection 3. Declaration of Policies. - The State shall pursue a policy of balancing development and
environmental protection. To achieve this end" the frame work for sustainable development shall be
pursued. #t shall be the policy of the State to:
$a% !ormulate a holistic national program of air pollution management that shall be
implemented by the government through proper delegation and effective coordination of
functions and activities&
$b% 'ncourage cooperation and self-regulation among citizens and industries through the
application of market-based instruments&
$c% !ocus primarily on pollution prevention rather than on control and provide for a
comprehensive management program for air pollution&
$d% (romote public information and education and to encourage the participation of an
informed and active public in air )uality planning and monitoring& and
$e% !ormulate and enforce a system of accountability for short and long-term adverse
environmental impact of a pro*ect" program or activity. This shall include the setting up of a
funding or guarantee mechanism for clean-up and environmental rehabilitation and
compensation for personal damages.
+ection 4. Recognition of Rights. - (ursuant to the above-declared principles" the following rights of
citizens are hereby sought to be recognized and the State shall seek to guarantee their en*oyment:
$a% The right to breathe clean air&
$b% The right to utilize and en*oy all natural resources according to the principles of sustainable
development&
$c% The right to participate in the formulation" planning" implementation and monitoring of
environmental policies and programs and in the decision-making process&
$d% The right to participate in the decision-making process concerning development policies"
plans and programs pro*ects or activities that may have adverse impact on the environment
and public health&
$e% The right to be informed of the nature and e+tent of the potential hazard of any activity"
undertaking or pro*ect and to be served timely notice of any significant rise in the level of
pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous
substances&
$f% The right of access to public records which a citizen may need to e+ercise his or her rights
effectively under this Act&
$g% The right to bring action in court or )uasi-*udicial bodies to en*oin all activities in violation of
environmental laws and regulations" to compel the rehabilitation and cleanup of affected area"
and to seek the imposition of penal sanctions against violators of environmental laws& and
$h% The right to bring action in court for compensation of personal damages resulting from the
adverse environmental and public health impact of a pro*ect or activity.
Article "4o
&efinition of "er5s
+ection 6. Definitions. 7 As used in this Act:
a% Air pollutant means any matter found in the atmosphere other than o+ygen" nitrogen"
water vapor" carbon dio+ide" and the inert gases in their natural or normal concentrations" that
is detrimental to health or the environment" which includes but not limited to smoke" dust" soot"
cinders" fly ash" solid particles of any kind" gases" fumes" chemical mists" steam and radio-
active substances&
b% Air pollution means any alteration of the physical" chemical and biological properties of the
atmospheric air" or any discharge thereto of any li)uid" gaseous or solid substances that will or
is likely to create or to render the air resources of the country harmful" detrimental" or in*urious
to public health" safety or welfare or which will adversely affect their utilization for domestic"
commercial" industrial" agricultural" recreational" or other legitimate purposes&
c% Ambient air quality guideline values mean the concentration of air over specified periods
classified as short-term and long-term which are intended to serve as goals or ob*ectives for
the protection of health and,or public welfare. These values shall be used for air )uality
management purposes such as determining time trends" evaluating stages of deterioration or
enhancement of the air )uality" and in general" used as basis for taking positive action in
preventing" controlling" or abating air pollution&
d% Ambient air quality means the general amount of pollution present in a broad area& and
refers to the atmosphere-s average purity as distinguished from discharge measurements
taken at the source of pollution&
e% Certificate of Conformity means a certificate issued by the .epartment of 'nvironment
and /atural 0esources to a vehicle manufacturer,assembler or importer certifying that a
particular new vehicle or vehicle type meets the re)uirements provided under this Act and its
rules and regulations&
f% Department means the .epartment of 'nvironment and /atural 0esources&
g% co!profile means the geographic-based instrument for planners and decision-makers
which present an evaluation of the environmental )uality and carrying capacity of an area. #t is
the result of the integration of primary and secondary data and information on natural
resources and anthropogenic activities on the land which are evaluated by various
environmental risk assessment and forecasting methodologies that enable the .epartment to
anticipate the type of development control necessary in the planning area&
h% mission means any air contaminant" pollutant" gas stream or unwanted sound from a
known source which is passed into the atmosphere&
i% "reenhouse gases mean those gases that can potentially or can reasonably be e+pected
to induce global warming" which include carbon dio+ide" methane" o+ides of nitrogen"
chlorofluorocarbons" and the like&
*% Ha#ardous substances mean those substances which present either: $1% short-term acute
hazards such as acute to+icity by ingestion" inhalation" or skin absorption" corrosivity or other
skin or eye contact hazard or the risk of fire e+plosion& or $2% longterm to+icity upon repeated
e+posure" carcinogenicity $which in some cases result in acute e+posure but with a long latent
period%" resistance to deto+ification process such as biodegradation" the potential to pollute
underground or surface waters&
k% $nfectious %aste means that portion of medical waste that could transmit an infectious
disease&
l% &edical %aste means the materials generated as a result of patient diagnosis" treatment"
or immunization of human beings or animals&
m% &obile source means any vehicle propelled by or through combustion of carbon-based or
other fuel" constructed and operated principally for the conveyance of persons or the
transportation of property goods&
n% &otor vehicle means any vehicle propelled by a gasoline or diesel engine or by any
means other than human or animal power" constructed and operated principally for the
conveyance of persons or the transportation of property or goods in a public highway or street
open to public use&
o% &unicipal %aste means the waste materials generated from communities within a specific
locality&
p% 'e% vehicle means a vehicle constructed entirely from new parts that has never been sold
or registered with the .3T4 or with the appropriate agency or authority" and operated on the
highways of the (hilippines" any foreign state or country&
)% (ctane Rating or the Anti!)noc* $nde+,A)$- means the rating of the anti-knock
characteristics of a grade or type of automotive gasoline as determined by dividing by two $2%
the sum of the 0esearch 3ctane /umber $03/%" plus the Motor 3ctane /umber $M3/%& the
octane re)uirement" with respect to automotive gasoline for use in a motor vehicle or a class
thereof" whether imported" manufactured" or assembled by a manufacturer" shall refer to the
minimum octane rating of such automotive gasoline which such manufacturer recommends for
the efficient operation of such motor vehicle" or a substantial portion of such class" without
knocking&
r% (#one Depleting Substances $3.S% means those substances that significantly deplete or
otherwise modify the ozone layer in a manner that is likely to result in adverse effects of
human health and the environment such as" but not limited to" chloroflourocarbons" halons and
the like&
s% Persistent (rganic Pollutants $(3(s% means the organic compounds that persist in the
environment" bioaccumulate through the food web" and pose a risk of causing adverse effects
to human health and the environment. These compounds resist photolytic" chemical and
biological degradation" which shall include but not be limited to dio+in" furan" (olychlorinated
5iphenyls $(45s%" organochlorine pesticides" such as aldrin" dieldrin" ..T"
he+achlorobenzene" lindane" to+aphere and chlordane&
t% Poisonous and to+ic fumes means any emissions and fumes which are beyond
internationally - accepted standards" including but not limited to the 6orld 7ealth 3rganization
$673% guideline values&
u% Pollution control device means any device or apparatus used to prevent" control or abate
the pollution of air caused by emissions from identified pollution sources at levels within the air
pollution control standards established by the .epartment&
v% Pollution control technology means the pollution control devices" production process" fuel
combustion processes or other means that effectively prevent or reduce emissions or effluent&
w% Standard of performance means a standard for emissions of air pollutant which reflects
the degree of emission limitation achievable through the application of the best system of
emission reduction" taking into account the cost of achieving such reduction and any non-air
)uality health and environmental impact and energy re)uirement which the .epartment
determines" and ade)uately demonstrates& and
+% Stationary source means any building or immobile structure" facility or installation which
emits or may emit any air pollutant.
Ch/pter 2
Air 1u/lit2 )/n/ge5ent +2ste5
Article #ne
'ener/l Provisions
+ection 8. Air Quality Monitoring and Information et!or". 7 The .epartment shall prepare an
annual /ational Air 8uality Status 0eport which shall be used as the basis in formulating the
#ntegrated Air 8uality #mprovement !ramework" as provided for in Sec. 9. The said report shall
include" but shall not be limited to the following:
a% '+tent of pollution in the country" per type of pollutant and per type of source" based on
reports of the .epartment:s monitoring stations&
b% Analysis and evaluation of the current state" trends and pro*ections of air pollution at the
various levels provided herein&
c% #dentification of critical areas" activities" or pro*ects which will need closer monitoring or
regulation&
d% 0ecommendations for necessary e+ecutive and legislative action& and
e% 3ther pertinent )ualitative and )uantitative information concerning the e+tent of air pollution
and the air )uality performance rating of industries in the country.
The .epartment" in cooperation with the /ational Statistical 4oordination 5oard $/S45%" shall design
and develop an information network for data storage" retrieval and e+change.
The .epartment shall serve as the central depository of all data and information related to air )uality.
+ection 7. Integrated Air Quality Impro#ement $rame!or". - The .epartment shall within si+ $;%
months after the effectivity of this Act" establish" with the participation of <=>s" /=3s" (3s" the
academe and other concerned entities from the private sector" formulate and implement the
#ntegrated Air 8uality #mprovement !ramework for a comprehensive air pollution management and
control program. The framework shall" among others" prescribe the emission reduction goals using
permissible standards" control strategies and control measures to undertaken within a specified time
period" including cost-effective use of economic incentives" management strategies" collective actions"
and environmental education and information.
The #ntegrated Air 8uality #mprovement !ramework shall be adopted as the official blueprint with
which all government agencies must comply with to attain and maintain ambient air )uality standards.
+ection 8. Air Quality Control Action Plan. - 6ithin si+ $;% months after the formulation of the
framework" the .epartment shall" with public participation" formulate and implement an air )uality
control action plan consistent with Sec. 9 of this Act. The action plan shall:
a% #nclude enforceable emission limitations and other control measures" means or techni)ues"
as well as schedules and time tables for compliance" as may be necessary or appropriate to
meet the applicable re)uirements of this Act&
b% (rovide for the establishment and operation of appropriate devices" methods" systems and
procedures necessary to monitor" compile and analyze data on ambient air )uality&
c% #nclude a program to provide for the following: $1% enforcement of the measures described in
subparagraph ?a@& $2% regulation of the modification and construction of any stationary source
within the areas covered by the plan" in accordance with land use policy to ensure that
ambient air )uality standards are achieved&
d% 4ontain ade)uate provisions" consistent with the provisions of this Act" prohibiting any
source or other types of emissions activity within the country from emitting any air pollutant in
amounts which will significantly contribute to the non-attainment or will interfere with the
maintenance by the .epartment of any such ambient air )uality standard re)uired to be
included in the implementation plan to prevent significant deterioration of air )uality or to
protect visibility&
e% #nclude control strategies and control measures to be undertaken within a specified time
period" including cost effective use of economic incentives" management strategies" collection
action and environmental education and information&
f% .esignate airsheds& and
g% All other measures necessary for the effective control and abatement of air pollution.
The adoption of the plan shall clarify the legal effects on the financial" manpower and budgetary
resources of the affected government agencies" and on the alignment of their programs with the
plans.
#n addition to direct regulations" the plan shall be characterized by a participatory approach to the
pollution problem. The involvement of private entities in the monitoring and testing of emissions from
mobile and,or stationary sources shall be considered.
<ikewise" the <=>:s" with the assistance from the .epartment" shall prepare and develop an action
plan consistent with the #ntegrated Air 8uality #mprovement !ramework to attain and maintain the
ambient air )uality standards within their respective airsheds as provided in Sec. A hereof.
The local government units shall develop and submit to the .epartment a procedure for carrying out
the action plan for their *urisdiction. The .epartment" however" shall maintain its authority to
independently inspect the enforcement procedure adopted. The .epartment shall have the power to
closely supervise all or parts of the air )uality action plan until such time the local government unit
concerned can assume the function to enforce the standards set by the .epartment.
A multi-sectoral monitoring team with broad public representation shall be convened by the
.epartment for each <=> to conduct periodic inspections of air pollution sources to assess
compliance with emission limitations contained in their permits.
+ection 9. Airsheds. - (ursuant to Sec. B of this Act" the designation of airsheds shall be on the
basis of" but not limited to" areas with similar climate" meteorology and topology which affect the
interchange and diffusion of pollutants in the atmosphere" or areas which share common interest or
face similar development programs" prospects or problems.
!or a more effective air )uality management" a system of planning and coordination shall be
established and a common action plan shall be formulated for each airshed.
To effectively carry out the formulated action plans" a =overning 5oard is hereby created" hereinafter
referred to as the 5oard.
The 5oard shall be headed by the Secretary of the .epartment of 'nvironment and /atural
0esources as chairman. The members shall be as follows:
a% (rovincial =overnors from areas belonging to the airshed&
b% 4ity,Municipal Mayors from areas belonging to the airshed&
c% A representative from each concerned government agency&
d% 0epresentatives from people:s organizations&
e% 0epresentatives from non-government organizations& and
f% 0epresentatives from the private sector.
The 5oard shall perform the following functions:
a% !ormulation of policies&
b% (reparation of a common action plan&
c% 4oordination of functions among its members& and
d% Submission and publication of an annual Air 8uality Status 0eport for each airshed.
>pon consultation with appropriate local government authorities" the .epartment shall" from time to
time" revise the designation of airsheds utilizing eco-profiling techni)ues and undertaking scientific
studies.
'missions trading may be allowed among pollution sources within an airshed.
+ection !9. Management of on%attainment Areas. - The .epartment shall designate areas where
specific pollutants have already e+ceeded ambient standards as non-attainment areas. The
.epartment shall prepare and implement a program that will prohibit new sources of e+ceeded air
pollutant without a corresponding reduction in e+isting resources.
#n coordination with other appropriate government agencies" the <=>s shall prepare and implement a
program and other measures including relocation" whenever necessary" to protect the health and
welfare of residents in the area.
!or those designated as nonattainment areas" the .epartment" after consultation with local
government authorities" nongovernment organizations $/=3s%" people:s organizations $(3s% and
concerned sectors may revise the designation of such areas and e+pand its coverage to cover larger
areas depending on the condition of the areas.
+ection !!. Air Quality Control Techni&ues. - Simultaneous with the issuance of the guideline
values and standards" the .epartment" through the research and development program contained in
this Act and upon consultation with appropriate advisory committees" government agencies and
<=>s" shall issue" and from time to time" revise information on air pollution control techni)ues. Such
information shall include:
$a% 5est available technology and alternative methods of prevention" management and control
of air pollution&
$b% 5est available technology economically achievable which shall refer to the technological
basis,standards for emission limits applicable to e+isting" direct industrial emitters of
nonconventional and to+ic pollutants& and
$c% Alternative fuels" processes and operating methods which will result in the eliminator or
significant reduction of emissions.
Such information may also include data relating to the cost of installation and operation" energy
re)uirements" emission reduction benefits" and environmental impact or the emission control
technology.
The issuance of air )uality guideline values" standards and information on air )uality control
techni)ues shall be made available to the general public: Provided. That the issuance of information
on air )uality control techni)ues shall not be construed as re)uiring the purchase of certain pollution
control devices by the public.
+ection !2. Am'ient Air Quality (uideline )alues and Standards. - The .epartment" in
coordination with other concerned agencies" shall review and or revise and publish annually a list of
hazardous air pollutants with corresponding ambient guideline values and,or standard necessary to
protect health and safety" and general welfare. The initial list and values of the hazardous air
pollutants shall be as follows:
$a% !or /ational Ambient Air 8uality =uideline for 4riteria (ollutants:
Short Term
a
<ong Term
b
(ollutants Cg,/cm (pm Averaging
Time
Cg,/cm ppm Averaging
Time
Suspended (articulate
Matter
c
-TS( 2DE
d
2F hours AE ---- 1 year
e
-(M-1E 1GE
f
2F hours ;E ---- 1 year
e
Sulfur .io+ide
c
1BE E.E9 2F hours BE E.ED 1 year
/itrogen .io+ide 1GE E.EB 2F hours ---- ---- ----
(hotochemical
3+idants
1FE E.E9 1 hour ---- ---- ----
As 3zone ;E E.ED B hours ---- ---- ----
4arbon Mono+ide DG mg,/cm DE 1 hour ---- ---- ----
1E mg,/cm A B hours ---- ---- ----
<ead
g
1.G ---- D months
g
1.E ---- 1 year
a
Ma+imum limits represented by ninety-eight percentile $ABH% values not to be
e+ceed more than once a year.
b
Arithmetic mean
c
S32 and Suspended (articulate matter are sampled once every si+ days
when using the manual methods. A minimum of twelve sampling days per
)uarter of forty-eight sampling days each year is re)uired for these methods.
.aily sampling may be done in the future once continuous analyzers are
procured and become available.
d
<imits for Total Suspended (articulate Matter with mass median diameter less
than 2G-GE um.
e
Annual =eometric Mean
f
(rovisional limits for Suspended (articulate Matter with mass median diameter
less than 1E microns and below until sufficient monitoring data are gathered to
base a proper guideline.
g
'valuation of this guideline is carried out for 2F-hour averaging time and
averaged over three moving calendar months. The monitored average value for
any three months shall not e+ceed the guideline value.
$b% !or /ational Ambient Air 8uality Standards for Source Specific Air (ollutants from
#ndustrial Sources,3perations:
(ollutants
1
4oncentration
2
Averaging
time $min.%
Method of Analysis,
Measurement
D
C,/cm ppm
1. Ammonia 2EE E.2B DE /esselerization, #ndo (henol
2. 4arbon
.isulfide
DE E.E1 DE Tischer Method
D. 4hlorine and
4hlorine
4ompounds
e+pressed as 4l
2
1EE E.ED G Methyl 3range
F. !ormaldehyde GE E.EF DE 4hromotropic acid Method
or M5T7 4olorimetric
Method
G. 7ydrogen
4hloride
2EE1EE E.1D DE Iolhard Titration with #odine
Solution
;. 7ydrogen
Sulfide
E.E9 DE Methylene 5lue
9. <ead 2E DE AASc
B. /itrogen
.io+ide
D9G"2;E E.2E"E.1F DE";E =reiss- Saltzman
A. (henol 1EE E.ED DE F-Aminoantiphyrine
1E. Sulfur
.io+ide
F9E"
DFE
E.1B"
E.1D
DE";E 4olorimetric-(ararosaniline
11. Suspended
(articulate
Matter-TS(
DEE ---- ;E =ravimetric
1
(ertinent ambient standards for Antimony" Arsenic" 4admium" Asbestos" /itric
Acid and Sulfuric Acid Mists in the 1A9B /(44 0ules and 0egulations may be
considered as guides in determining compliance.
2
/inety-eight percentile $ABH% values of DE-minute sampling measured at 2GE4
and one atmosphere pressure.
D
3ther e)uivalent methods approved by the .epartment may be used.
The basis in setting up the ambient air )uality guideline values and standards shall reflect" among
others" the latest scientific knowledge including information on:
a% Iariable" including atmospheric conditions" which of themselves or in combination with other
factors may alter the effects on public health or welfare of such air pollutant&
b% The other types of air pollutants which may interact with such pollutant to produce an
adverse effect on public health or welfare& and
c% The kind and e+tent of all identifiable effects on public health or welfare which may be
e+pected from presence of such pollutant in the ambient air" in varying )uantities.
The .epartment shall base such ambient air )uality standards on 6orld 7ealth 3rganization $673%
standards" but shall not be limited to nor be less stringent than such standards.
+ection !3. *mission Charge System. - The .epartment" in case of industrial dischargers" and the
.epartment of Transportation and 4ommunication $.3T4%" in case of motor vehicle dischargers"
shall" based on environmental techni)ues" design" impose on and collect regular emission fees from
said dischargers as part of the emission permitting system or vehicle registration renewal system" as
the case may be. The system shall encourage the industries and motor vehicles to abate" reduce" or
prevent pollution. The basis of the fees include" but is not limited to" the volume and to+icity of any
emitted pollutant. #ndustries" which shall install pollution control devices or retrofit their e+isting
facilities with mechanisms that reduce pollution shall be entitled to ta+ incentives such as but not
limited total credits and,or accelerated depreciation deductions.
+ection !4. Air Quality Management $und. - An Air 8uality Management !und to be administered
by the .epartment as a special account in the /ational Treasury is hereby established to finance
containment" removal" and clean-up operations of the =overnment in air pollution cases" guarantee
restoration of ecosystems and rehabilitate areas affected by the acts of violators of this Act" to support
research" enforcement and monitoring activities and capabilities of the relevant agencies" as well as to
provide technical assistance to the relevant agencies. Such fund may likewise be allocated per
airshed for the undertakings herein stated.
The !und shall be sourced from the fines imposed and damages awarded to the 0epublic of the
(hilippines by the (ollution Ad*udication 5oard $(A5%" proceeds of licenses and permits issued by the
.epartment under this Act" emission fees and from donations" endowments and grants in the forms of
contributions. 4ontributions to the !und shall be e+empted from donor ta+es and all other ta+es"
charges or fees imposed by the =overnment.
+ection !6. Air Pollution Research and De#elopment Program. - The .epartment" in coordination
with the .epartment of Science and Technology $.3ST%" other agencies" the private sector" the
academe" /=3:s and (3:s" shall establish a /ational 0esearch and .evelopment (rogram for the
prevention and control of air pollution. The .epartment shall give special emphasis to research on
and the development of improved methods having industry-wide application for the prevention and
control of air pollution.
Such a research and development program shall develop air )uality guideline values and standards in
addition to internationally-accepted standards. #t shall also consider the socio-cultural" political and
economic implications of air )uality management and pollution control.
Article "4o
Air Pollution Cle/r/nces /n: Per5its for +t/tion/r2 +ources
+ection !8. Permits. - 4onsistent with the provisions of this Act" the .epartment shall have the
authority to issue permits as it may determine necessary for the prevention and abatement of air
pollution.
Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain
the ambient air )uality standards. These permits shall serve as management tools for the <=>s in the
development of their action plan.
+ection !7. *mission Quotas. - The .epartment may allow each regional industrial center that is
designated as special airshed to allocate emission )uotas to pollution sources within its *urisdiction
that )ualify under an environmental impact assessment system programmatic compliance program
pursuant to the implementing rules and regulations of (residential .ecree /o. 1GB;.
+ection !8. $inancial +ia'ility for *n#ironmental Reha'ilitation. - As part of the environmental
management plan attached to the environmental compliance certificate pursuant to (residential
.ecree /o. 1GB; and rules and regulations set therefor" the .epartment shall re)uire program and
pro*ect proponents to put up financial guarantee mechanisms to finance the needs for emergency
response" clean-up rehabilitation of areas that may be damaged during the program or pro*ect:s actual
implementation. <iability for damages shall continue even after the termination of a program or
pro*ect" where such damages are clearly attributable to that program or pro*ect and for a definite
period to be determined by the .epartment and incorporated into the environmental compliance
certificate.
!inancial liability instruments may be in the form a trust fund" environmental insurance" surety bonds"
letters of credit" as well as self-insurance. The choice of the guarantee instruments shall furnish the
.epartment with evidence of availment of such instruments.
Article "hree
Pollution fro5 +t/tion/r2 +ources
+ection !9. Pollution $rom Stationary Sources. - The .epartment shall" within two $2% years from
the effectivity of this Act" and every two $2% years thereafter" review" or as the need therefore arises"
revise and publish emission standards" to further improve the emission standards for stationary
sources of air pollution. Such emission standards shall be based on mass rate of emission for all
stationary source of air pollution based on internationally accepted standards" but not be limited to"
nor be less stringent than such standards and with the standards set forth in this section. The
standards" whichever is applicable" shall be the limit on the acceptable level of pollutants emitted from
a stationary source for the protection of the public:s health and welfare.
6ith respect to any trade" industry" process and fuel-burning e)uipment or industrial plant emitting air
pollutants" the concentration at the point of emission shall not e+ceed the following limits:
(ollutants Standard Applicable to
Source
Ma+imum
(ermissible
<imits
$mg,/cm%
Method of Analysisa
1. Antimony and #ts
compounds
Any source 1E as Sb AAS
b
2. Arsenic and its
compounds
Any source 1E as As AAS
b
D. 4admium and its
compounds
Any source 1E as 4d AAS
b
F. 4arbon Mono+ide Any industrial Source GEE as 43 3rsat analysis
G. 4opper and its
4ompounds
Any industrial source 1EE a+ 4u AAS
b
;. 7ydrofluoric Acids
and !luoride
compounds
Any source other than the
manufacture of Aluminum
from Alumina
GE as 7! Titration with
Ammonium
Thiocyanate
9. 7ydrogen Sulfide i% =eothermal (ower (lants
ii% =eothermal '+ploration
and well-testing
iii% Any source other than $i%
and $ii%
c.d
e
9 as 72S
4admium Sulfide
Method
4admium Sulfide
Method
B. <ead Any trade" industry or
process
1E as (b AASb
A. Mercury Any Source G as
elemental 7g
AASb,4old-Iapor
Techni)ue or 7g
Analyzer
1E. /ickel and its
compounds" e+cept
/ickel 4arbonyl
f
Any source 2E as /i AAS
b
11. /3+ i% Manufacture of /itric Acid 2"EEE as acid
and /3+ and
calculated as
/32
(henol-disulfonic acid
Method
ii% !uel burning steam 1"GEE as /32 (henol-disulfonic acid
generators
'+isting Source /ew Source
J 4oal-!ired
J 3il-!ired
iii% Any source other than $i%
adn $ii%
'+isting Source
/ew Source
1"EEE as /32
GEE as /32
1EEE as /32
GEE as /32
Method
(henol-disulfonic acid
Method
12. (hosphorus
(ento+ide
g
Any source 2EE as (23G Spectrophotometry
1D. Kinc and its
4ompound
s
Any source 1EE as Kn AAS
b
a
3ther e)uivalent methods approved by the .epartment may be used.
b
Atomic Absorption Spectrophometry
c
All new geothermal power plants starting construction by E1 Lanuary 1AAG shall
control 7sS emissions to not more than 1GEg,=M6-7r
d
All e+isting geothermal power plants shall control 7sS emissions to not more than
2EEg,=M6-7r. within G years from the date of efectivity of these revised regulations.
e
5est practicable control technology for air emissions and li)uid discharges.
4ompliance with air and water )uality standards is re)uired.
f
'mission limit of /ickel 4arbonyl shall not e+ceed E.G mg,/cm.
g
(rovisional =uideline
Provided" That the ma+imum limits in mg,ncm particulates in said sources shall be:
1. !uel 5urning ')uipment
a% >rban or #ndustrial Area 1GE mg,/cm
b% 3ther Area 2EE mg,/cm
2. 4ement (lants $Milns" etc.% 1GE mg,/cm
D. Smelting !urnaces 1GE mg,/cm
F. 3ther Stationary Sources
a
2EE mg,/cm
a
3ther Stationary Sources means a trade" process" industrial plant" or fuel burning
e)uipment other than thermal power plants" industrial boilers" cement plants"
incinerators and smelting furnaces.
Provided. /urther" That the ma+imum limits for sulfur o+ides in said sources shall be:
$1% '+isting Sources
$i% Manufacture of Sulfuric Acid and
Sulf$on%ation (rocess
2.Egm./cm as S3D
$ii% !uel burning ')uipment 1.Ggm./cm as S32
$iii% 3ther Stationary Sourcesa 1.Egm./cm as S3D
$2% /ew Sources
$i% Manufacture of Sulfuric Acid and
Sulf$on%ation (rocess
1.G gm./cm as S3D
$ii% !uel 5urning ')uipment E.9 gm./cm as S32
$iii% 3ther Stationary Sources
a
E.2 gm./cm as S3D
a
3ther Stationary Sources refer to e+isting and new stationary sources other than
those caused by the manufacture of sulfuric acid and sulfonation process" fuel burning
e)uipment and incineration.
!or stationary sources of pollution not specifically included in the immediately preceding paragraph"
the following emission standards shall not be e+ceeded in the e+haust gas:
#. .aily And 7alf 7ourly Average Ialues
.aily
Average
Ialues
7alf 7ourly
Average
Ialues
Total dust 1E mg,m
D
DE mg,m
D
=aseous and vaporous organic substances"
e+pressed as total organic carbon
7ydrogen chloride $74l%
7ydrogen fluoride $7!%
Sulfur dio+ide $S32%
1E mg,m
D
1E mg,m
D
1 mg,m
D
GE mg,m
D
2E mg,m
D
;E mg,m
D
F mg,m
D
2EE mg,m
D
/itrogen mono+ide $/3% and /itrogen
dio+ide $/32%" e+pressed as nitrogen
dio+ide for incineration plants with a
capacity e+ceeding D tonnes per hour 2EE mg,m
D
FEE mg,m
D
/itrogen mono+ide $/3% and nitrogen
dio+ide $/32%" e+pressed as nitrogen
dio+ide for incineration plants with a
capacity of D tonnes per hour or less DEE mg,m
D
Ammonia 1E mg,m
D
2E mg,m
D
##. All the Average Ialues 3ver the Sample (eriod of a Minimum of F and Ma+imum of B
7ours.
4admium and its compounds" e+pressed as cadmium $4d%
total E.EG
mg,m
D
Thallium and its compounds" e+pressed as thallium $Tl%
Mercury and its 4ompounds" e+pressed as mercury $7g% E.EG mg,m
D
Antimony and its compounds" e+pressed as antimony $Sb%
Arsenic and its compounds" e+pressed as arsenic $As%
total E.G
mg,m
D
<ead and its compounds" e+pressed as lead $ (b%
4hromium and its compounds" e+pressed as chromium $4r%
4obalt and its compounds" e+pressed as cobalt $4o%
4opper and its compounds" e+pressed as copper $4u%
Manganese and its compounds" e+pressed as manganese
$Mn%
/ickel and its compounds" e+pressed as nickel $/i%
Ianadium and its compounds" e+pressed as vanadium $I%
Tin and its compounds" e+pressed as tin $Sn%
These average values cover also gaseous and the vapor forms of the relevant heavy metal emission
as well as their compounds: Provided. That the emission of dio+ins and furans into the air shall be
reduced by the most progressive techni)ues: Provided. /urther" That all average of dio+in and furans
measured over the sample period of a minimum of G hours and ma+imum of B hours must not e+ceed
the limit value of E.1 nanogram,m
D
.
(ursuant to Sec. B of this Act" the .epartment shall prepare a detailed action plan setting the
emission standards or standards of performance for any stationary source the procedure for testing
emissions for each type of pollutant" and the procedure for enforcement of said standards.
'+isting industries" which are proven to e+ceed emission rates established by the .epartment in
consultation with stakeholders" after a thorough" credible and transparent measurement process shall
be allowed a grace period of eighteen $1B% months for the establishment of an environmental
management system and the installation of an appropriate air pollution control device : Provided. That
an e+tension of not more than twelve $12% months may be allowed by the .epartment on meritorious
grounds.
+ection 29. ,an on Incineration. - #ncineration" hereby defined as the burning of municipal"
biomedical and hazardous waste" which process emits poisonous and to+ic fumes is hereby
prohibited& Provided. ho%ever" That the prohibition shall not apply to traditional small-scale method of
community,neighborhood sanitation siga" traditional" agricultural" cultural" health" and food
preparation and crematoria& Provided. /urther" That e+isting incinerators dealing with a biomedical
wastes shall be out within three $D% years after the effectivity of this Act&Provided. /inally" that in the
interim" such units shall be limited to the burning of pathological and infectious wastes" and sub*ect to
close monitoring by the .epartment.
<ocal government units are hereby mandated to promote" encourage and implement in their
respective *urisdiction a comprehensive ecological waste management that includes waste
segregation" recycling and composting.
6ith due concern on the effects of climate change" the .epartment shall promote the use of state-of-
the-art" environmentally-sound and safe non-burn technologies for the handling" treatment" thermal
destruction" utilization" and disposal of sorted" unrecycled" uncomposted" biomedical and hazardous
wastes.
Article (our
Pollution fro5 )otor $ehicles
+ection 2!. Pollution from Motor )ehicles. - a% The .3T4 shall implement the emission standards
for motor vehicles set pursuant to and as provided in this Act. To further improve the emission
standards" the .epartment shall review" revise and publish the standards every two $2% years" or as
the need arises. #t shall consider the ma+imum limits for all ma*or pollutants to ensure substantial
improvement in air )uality for the health" safety and welfare of the general public.
The following emission standards for type approval of motor vehicles shall be effective by the year
2EED:
a% !or light duty vehicles" the e+haust emission limits for gaseous pollutants shall be:
'mission <imits for <ight .uty Iehicles
Type Approval
$.irective A1,FF1,''4%
43
$g,km%
74 N /3+
$g,km%
(M
a

$g,km%
2.92 E.A9E.1F
a
for compression-ignition engines only
b% !or light commercial vehicles" the e+haust emission limit of gaseous pollutants as a function
of the given reference mass shall be:
'mission <imits for <ight 4ommercial Iehicles
Type Approval
$.irective AD,GA,''4%
0eference 6eight $06%
$kg%
43
$g,km%
74 N
/3+$g,km%
(M
a
$g,km%
4ategory 1 12GEO 06 2.92 E.A9 E.1F
4ategory 2 12GEO 06O19EE G.19 1.F E.1A
4ategory D 06P19EE ;.A 1.9 E.2G
a
for compression-ignition engines only
c% !or heavy duty vehicles" the e+haust emission limits of gaseous pollutants shall be:
'mission <imits for 7eavy .uty Iehicles
Type Approval
$.irective A1,GF2,''4%
43
$g,k,6h%
74
$g,k,6h%
/3+
$g,k,6h%
(M
$g,k,6h%
F.G 1.1 B.E E.D;a
a
#n the case of engines of BG k6 or less" the limit value for particular emissions
in increased by multiplying the )uoted limit by a coefficient of 1.9
!uel evaporative emission for spark-ignition engines shall not e+ceed 2.E grams hydrocarbons
per test. <ikewise" it shall not allow any emission of gases from crankcase ventilation system
into the atmosphere.
b% The .epartment" in collaboration with the .3T4" .T# and <=>s" shall develop an action plan for
the control and management of air pollution from motor vehicles consistent with the #ntegrated Air
8uality !ramework. The .3T4 shall enforce compliance with the emission standards for motor
vehicles set by the .epartment. The .3T4 may deputize other law enforcement agencies and <=>s
for this purpose. To this end" the .3T4 shall have the power to:
$1% #nspect and monitor the emissions of motor vehicles&
$2% (rohibit or en*oin the use of motor vehicles or a class of motor vehicles in any area or
street at specified times& and
$D% Authorize private testing emission testing centers duly accredited by the .T#.
c% The .3T4" together with the .T# and the .epartment" shall establish the procedures for the
inspection of motor vehicles and the testing of their emissions for the purpose of determining the
concentration and,or rate of pollutants discharged by said sources.
d% #n order to ensure the substantial reduction of emissions from motor vehicles" the .epartment of
Trade and #ndustry $.T#%" together with the .3T4 and the .epartment shall formulate and implement
a national motor vehicle inspection and maintenance program that will promote efficient and safe
operation of all motor vehicles. #n this regard" the .T# shall develop and implement standards and
procedures for the certification of training institutions" instructors and facilities and the licensing of
)ualified private service centers and their technicians as prere)uisite for performing the testing"
servicing" repair and the re)uired ad*ustment to the vehicle emission system. The .T# shall likewise
prescribe regulations re)uiring the disclosure of odometer readings and the use of tamper-resistant
odometers for all motor vehicles including tamper-resistant fuel management systems for the effective
implementation of the inspection and maintenance program.
+ection 22. Regulation of All Motor )ehicles and *ngines. - Any imported new or locally-
assembled new motor vehicle shall not be registered unless it complies with the emission standards
set pursuant to this Act" as evidenced by a 4ertificate of 4onformity $434% issued by the .epartment.
Any imported new motor vehicle engine shall not be introduced into commerce" sold or used unless it
complies with emission standards set pursuant to this Act.
Any imported used motor vehicle or rebuilt motor vehicle using new or used engines" ma*or parts or
components shall not be registered unless it complies with the emission standards.
#n case of non-compliance" the importer or consignee may be allowed to modify or rebuild the
vehicular engine so it will be in compliance with applicable emission standards.
/o motor vehicle registration $MI0% shall be issued unless such motor vehicle passes the emission
testing re)uirement promulgated in accordance with this Act. Such testing shall be conducted by the
.3T4 or its authorized inspection centers within si+ty $;E% days prior to date of registration.
The .T# shall promulgate the necessary regulations prescribing the useful life of vehicles and engines
including devices in order to ensure that such vehicles will conform to the emissions which they were
certified to meet. These regulations shall include provisions for ensuring the durability of emission
devices.
+ection 23. Second%-and Motor )ehicle *ngines. - Any imported second-hand motor vehicle
engine shall not be introduced into commerce" sold or used unless it complies with emission
standards set pursuant to this Act.
Article (ive
Pollution fro5 #ther +ources
+ection 24. Pollution from smo"ing. - Smoking inside a public building or an enclosed public place
including public vehicles and other means of transport or in any enclosed area outside of one-s private
residence" private place of work or any duly designated smoking area is hereby prohibited under this
Act. This provision shall be implemented by the <=>s.
+ection 26. Pollution from other mo'ile sources. - The .epartment" in coordination with
appropriate agencies" shall formulate and establish the necessary standards for all mobile sources
other than those referred to in Sec. 21 of this Act. The imposition of the appropriate fines and
penalties from these sources for any violation of emission standards shall be under the *urisdiction of
the .3T4.
Ch/pter 3
(uels A::itives +ubst/nces /n: Pollut/nts
Article #ne
(uels A::itives /n: +ubst/nces
+ection 28. $uels and Additi#es. - (ursuant to the Air 8uality !ramework to be established under
Section 9 of this Act" the .epartment of 'nergy $.3'%" co-chaired by the .epartment of 'nvironment
and /atural 0esources $.'/0%" in consultation with the 5ureau of (roduct Standards $5(S% of the
.T#" the .3ST" the representatives of the fuel and automotive industries" academe and the
consumers shall set the specifications for all types of fuel and fuel-related products" to improve fuel
composition for increased efficiency and reduced emissions: Provided. ho%ever" that the
specifications for all types of fuel and fuel-related products set-forth pursuant to this section shall be
adopted by the 5(S as (hilippine /ational Standards $(/S%.
The .3' shall also specify the allowable content of additives in all types of fuels and fuel-related
products. Such standards shall be based primarily on threshold levels of health and research studies.
3n the basis of such specifications" the .3' shall likewise limit the content or begin that phase-out of
additives in all types of fuels and fuel-related products as it may deem necessary. 3ther agencies
involved in the performance of this function shall be re)uired to coordinate with the .3' and transfer
all documents and information necessary for the implementation of this provision.
4onsistent with the provisions of the preceding paragraphs under this section" it is declared that:
a% not later than eighteen $1B% months after the effectivity of this Act" no person shall
manufacture" import" sell" supply" offer for sale" dispense" transport or introduce into commerce
unleaded premium gasoline fuel which has an anti-knock inde+ $AM#% of not less that B9.G and
0eid vapor pressure of not more than A psi. 6ithin si+ $;% months after the effectivity of this
Act" unleaded gasoline fuel shall contain aromatics not to e+ceed forty-five percent $FGH% by
volume and benzene not to e+ceed four percent $FH% by volume&Provided. that by year 2EED"
unleaded gasoline fuel should contain aromatics not to e+ceed thirty-five percent $DGH% by
volume and benzene not to e+ceed two percent $2H% by volume&
b% not later than eighteen $1B% months after the effectivity of this Act" no person shall
manufacture" import" sell" supply" offer for sale" dispense" transport or introduce into commerce
automotive diesel fuel which contains a concentration of sulfur in e+cess of E.2EH by weight
with a cetane number of inde+ of not less than forty-eight $FB%: Provided. That by year 2EEF"
content of said sulfur shall be E.EGH by weight& and
c% not later than eighteen $1B% months after the effectivity of this Act" no (erson shall
manufacture" import" sell" supply" offer for sale" dispense" transport or introduce into commerce
industrial diesel fuel which contains a concentration of sulfur in e+cess of E.DEH $by weight%.
'very two $2% years thereafter or as the need arises" the specifications of unleaded gasoline and of
automotive and industrial diesel fuels shall be reviewed and revised for further improvement in
formulation and in accordance with the provisions of this Act.
The fuels characterized above shall be commercially available. <ikewise" the same shall be the
reference fuels for emission and testing procedures to be established in accordance with the
provisions of this Act.
Any proposed additive shall not in any way increase emissions of any of the regulated gases which
shall include" but not limited to carbon mono+ide" hydrocarbons" and o+ides of nitrogen and
particulate matter" in order to be approved and certified by the .epartment.
+ection 27. Regulation of $uels and $uel Additi#es. - The .3'" in coordination with the
.epartment and the 5(S" shall regulate the use of any fuel or fuel additive. /o manufacturer"
processor or trader of any fuel or additive may import" sell" offer for sale" or introduce into commerce
such fuel for additive unless the same has been registered with the .3'. (rior to registration" the
manufacturer" processor or trader shall provide the .3' with the following relevant information:
a% (roduct identity and composition to determine the potential health effects of such fuel
additives&
b% .escription of the analytical techni)ue that can be used to detect and measure the additive
in any fuel&
c% 0ecommended range of concentration& and
d% (urpose in the use of the fuel and additive.
+ection 28. Misfueling. - #n order to prevent the disabling of any emission control device by lead
contamination" no person shall introduce or cause or allow the introduction of leaded gasoline into any
motor vehicle e)uipped with a gasoline tank filler inlet and labeled unleaded gasoline only. This
prohibition shall also apply to any person who knows or should know that such vehicle is designed
solely for the use of unleaded gasoline.
+ection 29. Prohi'ition on Manufacture/ Import and Sale of leaded (asoline and of *ngines
and0or Components Re&uiring +eaded (asoline. - 'ffective not later than eighteen $1B% months
after the enactment of this Act" no person shall manufacture" import" sell" offer for sale" introduce into
commerce" convey or otherwise dispose of" in any manner" leaded gasoline and engines and
components re)uiring the use of leaded gasoline.
!or e+isting vehicles" the .T# shall formulate standards and procedures that will allow non-conforming
engines to comply with the use of unleaded fuel within five$G% years after the effectivity of this Act.
Article "4o
#ther Pollut/nts
+ection 39. 12one%Depleting Su'stances. - 4onsistent with the terms and conditions of the
Montreal (rotocol on Substances that .eplete the 3zone <ayer and other international agreements
and protocols to which the (hilippines is a signatory" the .epartment shall phase out ozone-depleting
substances.
6ithin si+ty $;E% days after the enactment of this Act" the .epartment shall publish a list of substances
which are known to cause harmful effects on the stratospheric ozone layer.
+ection 3!. (reenhouse (ases. - The (hilippine Atmospheric" =eophysical and Astronomical
Service
Administration $(A=ASA% shall regularly monitor meteorological factors affecting environmental
conditions including ozone depletion and greenhouse gases and coordinate with the .epartment in
order to effectively guide air pollution monitoring and standard-setting activities.
The .epartment" together with concerned agencies and local government units" shall prepare and
fully implement a national plan consistent with the >nited /ations !ramework 4onvention on 4limate
4hange and other international agreements" conventions and protocols on the reduction of
greenhouse gas emissions in the country.
+ection 32. Persistent 1rganic Pollutants. - The .epartment shall" within a period of two $2% years
after the enactment of this Act" establish an inventory list of all sources of (ersistent 3rganic
(ollutants $(3(s% in the country. The .epartment shall develop short-term and long-term national
government programs on the reduction and elimination of (3(s such as dio+ins and furans. Such
programs shall be formulated within a year after the establishment of the inventory list.
+ection 33. Radioacti#e *missions. - All pro*ects which will involve the use of atomic and,or nuclear
energy" and will entail release and emission of radioactive substances into the environment" incident
to the establishment or possession of nuclear energy facilities and radioactive materials" handling"
transport" production" storage" and use of radioactive materials" shall be regulated in the interest of
public health and welfare by the (hilippine
/uclear 0esearch #nstitute $(/0#%" in coordination with .epartment and other appropriate government
agencies.
Ch/pter 4
%nstitution/l )ech/nis5
+ection 34. +ead Agency. - The .epartment" unless otherwise provided herein" shall be the primary
government agency responsible for the implementation and enforcement of this Act. To be more
effective in this regard" The .epartment-s 'nvironmental Management 5ureau $'M5% shall be
converted from a staff bureau to a line bureau for a period of no more than two $2% years" unless a
separate" comprehensive environmental management agency is created.
+ection 36. +in"age Mechanism. - The .epartment shall consult" participate" cooperate and enter
into agreement with other government agencies" or with affected non-governmental $/=3s% or
people-s organizations $(3s%"or private enterprises in the furtherance of the ob*ectives of this Act.
+ection 38. Role of +ocal (o#ernment 3nits. - <ocal =overnment >nits $<=>s% shall share the
responsibility in the management and maintenance of air )uality within their territorial *urisdiction.
4onsistent with Sections 9" B and A of this Act" <=>s shall implement air )uality standards set by the
5oard in areas within their *urisdiction&Provided. ho%ever" That in case where the board has not been
duly constituted and has not promulgated its standards" the standards set forth in this Act shall apply.
The .epartment shall provide the <=>s with technical assistance" trainings and a continuing
capability-building program to prepare them to undertake full administration of the air )uality
management and regulation within their territorial *urisdiction.
+ection 37. *n#ironmental and atural Resources 1ffice. - There may be established an
'nvironment and /atural 0esources 3ffice in every province" city" or municipality which shall be
headed by the environment and natural resources officer and shall be appointed by the 4hief
'+ecutive of every province" city or municipality in accordance with the provisions of Section FBF of
0epublic Act /o. 91;E. #ts powers and duties" among others" are:
a% To prepare comprehensive air )uality management programs" plans and strategies within
the limits set forth in 0epublic act. /o. 91;E and this Act which shall be implemented within its
territorial *urisdiction upon the approval of the sanggunian&
b% To provide technical assistance and support to the governor or mayor" as the case may be"
in carrying out measures to ensure the delivery of basic services and the provision of
ade)uate facilities relative to air )uality&
c% To take the lead in all efforts concerning air )uality protection and rehabilitation&
d% To recommend to the 5oard air )uality standards which shall not e+ceed the ma+imum
permissible standards set by rational laws&
e% To coordinate with other government agencies and non-governmental organizations in the
implementation of measures to prevent and control air pollution& and
f% '+ercise such other powers and perform such duties and functions as may be prescribed by
law or ordinance: Provided" ho%ever" That in provinces,cities,municipalities where there are no
environment and natural resources officers" the local e+ecutive concerned may designate any
of his official and,or chief of office preferably the provincial" city or municipal agriculturist" or
any of his employee: Provided. /inally" That in case an employee is designated as such" he
must have sufficient e+perience in environmental and natural resources management"
conservation and utilization.
+ection 38. Record%"eeping/ Inspection/ Monitoring and *ntry 'y the Department. - The
.epartment or its duly accredited entity shall" after proper consultation and notice" re)uire any person
who owns or operates any emissions source or who is sub*ect to any re)uirement of this Act to:
$a% establish and maintain relevant records&
$b% make relevant reports&
$c% install" use and maintain monitoring e)uipment or methods&
$d% sample emission" in accordance with the methods" locations" intervals and manner
prescribed by the .epartment&
$e% keep records on control e)uipment parameters" production variables or other indirect data
when direct monitoring of emissions is impractical& and
$f% provide such other information as the .epartment may reasonably re)uire.
(ursuant to this Act" the .epartment" through its authorized representatives" shall have the right of:
$a% entry or access to any premises including documents and relevant materials as referred to
in the herein preceding paragraph&
$b% inspect any pollution or waste source" control device" monitoring e)uipment or method
re)uired& and
$c% test any emission.
Any record" report or information obtained under this section shall be made available to the public"
e+cept upon a satisfactory showing to the .epartment by the entity concerned that the record" report
or information" or parts thereof" if made public" would divulge secret methods or processes entitled to
protection as intellectual property. Such record" report or information shall likewise be incorporated in
the .epartment-s industrial rating system.
+ection 39. Pu'lic *ducation and Information Campaign. - A continuing air )uality information and
education campaign shall promoted by the .epartment" the .epartment of 'ducation" 4ulture and
Sports $.'4S%" the .epartment of the #nterior and <ocal =overnment $.#<=%" the .epartment of
Agriculture $.A% and the (hilippine #nformation Agency $(#A%. 4onsistent with Sec. 9 of this Act" such
campaign shall encourage the participation of other government agencies and the private sector
including /=3s" (3s" the academe" environmental groups and other private entities in a multi-
sectoral information campaign.
Ch/pter 6
Actions
+ection 49. Administrati#e Action. - 6ithout pre*udice to the right of any affected person to file an
administrative action" the .epartment shall" on its own instance or upon verified complaint by any
person" institute administrative proceedings against any person who violates:
$a% Standards or limitation provided under this Act& or
$b% Any order" rule or regulation issued by the .epartment with respect to such standard or
limitation.
+ection 4!. Citi2en Suits. - !or purposes of enforcing the provisions of this Act or its implementing
rules and regulations" any citizen may file an appropriate civil" criminal or administrative action in the
proper courts against:
$a% Any person who violates or fails to comply with the provisions of this Act or its implementing
rules and regulations& or
$b% The .epartment or other implementing agencies with respect to orders" rules and
regulations issued inconsistent with this Act& and,or
$c% Any public officer who willfully or grossly neglects the performance of an act specifically
en*oined as a duty by this Act or its implementing rules and regulations& or abuses his authority
in the performance of his duty& or" in any manner" improperly performs his duties under this Act
or its implementing rules and regulations: Provided. ho%ever" That no suit can be filed until
thirty-day $DE% notice has been taken thereon.
The court shall e+empt such action from the payment of filing fees" e+cept fees for actions not capable
of pecuniary estimations" and shall likewise" upon prima facie showing of the non-enforcement or
violation complained of" e+empt the plaintiff from the filing of an in*unction bond for the issuance of a
preliminary in*unction.
6ithin thirty $DE% days" the court shall make a determination if the compliant herein is malicious and,or
baseless and shall accordingly dismiss the action and award attorney-s fees and damages.
+ection 42. Independence of Action. - The filing of an administrative suit against such person,entity
does not preclude the right of any other person to file any criminal or civil action. Such civil action shall
proceed independently.
+ection 43. Suits and Strategic +egal Actions Against Pu'lic Participation and the
*nforcement of This Act. - 6here a suit is brought against a person who filed an action as provided
in Sec. F1 of this Act" or against any person" institution or government agency that implements this
Act" it shall be the duty of the investigating prosecutor or the court" as the case may be" to
immediately make a determination not e+ceeding thirty $DE% days whether said legal action has been
filed to harass" ve+" e+ert undue pressure or stifle such legal recourses of the person complaining of
or enforcing the provisions of this Act. >pon determination thereof" evidence warranting the same" the
court shall dismiss the case and award attorney-s fees and double damages.
This provision shall also apply and benefit public officers who are sued for acts committed in their
official capacity" their being no grave abuse of authority" and done in the course of enforcing this Act.
+ection 44. +ien 3pon Personal and Immo#a'le Properties of )iolators. - !ines and penalties
imposed pursuant to this Act shall be liens upon personal or immovable properties of the violator.
Such lien shall" in case of insolvency of the respondent violator" en*oy preference to laborer-s wages
under Articles 22F1 and 22F2 of 0epublic Act /o. DB;" otherwise known as the /ew 4ivil 4ode of the
(hilippines.
Ch/pter 8
(ines /n: Pen/lties
+ection 46. )iolation of Standards for Stationary Sources. - !or actual e+ceedance of any
pollution or air )uality standards under this Act or its rules and regulations" the .epartment" through
the (ollution Ad*udication 5oard $(A5%" shall impose a fine of not more than 3ne hundred thousand
pesos $(1EE"EEE.EE% for every day of violation against the owner or operator of a stationary source
until such time that the standards have been complied with.
!or purposes of the application of the fines" the (A5 shall prepare a fine rating system to ad*ust the
ma+imum fine based on the violator-s ability to pay" degree of willfulness" degree of negligence"
history of non-compliance and degree of recalcitrance: Provided. That in case of negligence" the first
time offender-s ability to pay may likewise be considered by the (ollution Ad*udication
5oard: Provided. /urther" That in the absence of any e+tenuating or aggravating circumstances" the
amount of fine for negligence shall be e)uivalent to one-half of the fine for willful violation.
The fines herein prescribed shall be increased by at least ten percent $1EH%" every three $D% years to
compensate for inflation and to maintain the deterrent function of such fines.
#n addition to the fines" the (A5 shall order closure" suspension of development" construction" or
operations of the stationary sources until such time that proper environmental safeguards are put in
place: Provided. That an establishment liable for a third offense shall suffer permanent closure
immediately. This paragraph shall be without pre*udice to the immediate issuance of an e+ parte order
for such closure" suspension of development or construction" or cessation of operations during the
pendency of the case upon prima facie evidence that their is imminent threat to life" public health"
safety or general welfare" or to plant or animal life" or whenever there is an e+ceedance of the
emission standards set by the .epartment and,or the 5oard and,or the appropriate <=>.
+ection 48. )iolation of Standards for Motor )ehicles. - /o motor vehicle shall be registered with
the .3T4 unless it meets the emission standards set by the .epartment as provided in Sec. 21
hereof.
Any vehicle suspected of violation of emission standards through visual signs" such as" but not limited
to smoke-belching" shall be sub*ected to an emission test by a duly authorized emission testing
center. !or this purpose" the .3T4 or its authorized testing center shall establish a roadside
inspection system. Should it be shown that there was no violation of emission standards" the vehicle
shall be immediately released. 3therwise" a testing result indicating an e+ceedance of the emission
standards would warrant the continuing custody of the impounded vehicle unless the appropriate
penalties are fully paid" and the license plate is surrendered to the .3T4 pending the fulfillment of the
undertaking by the owner,operator of the motor vehicle to make the necessary repairs so as to comply
with the standards. A pass shall herein be issued by the .3T4 to authorize the use of the motor
vehicle within a specified period that shall not e+ceed seven $9% days for the sole purpose of making
the necessary repairs on the said vehicle. The owner,operator of the vehicle shall be re)uired to
correct its defects and show proof of compliance to the appropriate pollution control office before the
vehicle can be allowed to be driven on any public or subdivision roads.
#n addition" the driver and operator of the apprehended vehicle shall undergo a seminar on pollution
control management conducted by the .3T4 and shall also suffer the following penalties:
a% !irst 3ffense - a fine not to e+ceed Two Thousand (esos $(2"EEE.EE%&
b% Second 3ffense - a fine not less than Two Thousand (esos $(2"EEE.EE% and not to e+ceed
!our Thousand (esos $(F"EEE.EE%& and
c% Third offense - one $1% year suspension of the Motor Iehicle 0egistration $MI0% and a fine
of not less than !our Thousand (esos $(F"EEE.EE% and not more than Si+ thousand pesos
$(;"EEE.EE%.
Any violation of the provisions of Sec. 21 paragraph $d% with regard to national inspection and
maintenance program" including technicians and facility compliance shall penalized with a fine of not
less than Thirty Thousand (esos $(DE"EEE.EE% or cancellation of license of both the technician and
the center" or both" as determined by the .T#.
All law enforcement officials and deputized agents accredited to conduct vehicle emissions testing
and apprehensions shall undergo a mandatory training on emission standards and regulations. !or
this purpose" the .epartment" together with the .3T4" .T#" .3ST" (hilippine /ational (olice $(/(%
and other concerned agencies and private entities shall design a training program.
+ection 47. $ines and Penalties for )iolations of 1ther Pro#isions in the Act. - !or violations of
all other provisions provided in this Act and of the rules and regulations thereof" a fine of not less than
Ten thousand pesos $(1E"EEE% but not more than 3ne 7undred thousand (esos $(1EE"EEE% or si+ $;%
months to si+ $;% years imprisonment or both shall be imposed. #f the offender is a *uridical person" the
president" manager" directors" trustees" the pollution control officer or the officials directly in charge of
the operations shall suffer the penalty herein provided.
+ection 48. (ross )iolations. - #n case of gross violation of this Act or its implementing rules and
regulations" the (A5 shall recommend to the proper government agencies to file the appropriate
criminal charges against the violators. The (A5 shall assist the public prosecutor in the litigation of the
case. =ross violation shall mean:
$a% three $D% or more specific offenses within a period of one $1% year&
$b% three $D% or more specific offenses with three $D% consecutive years&
$c% blatant disregard of the orders of the (A5" such s but not limited to the breaking of seal"
padlocks and other similar devices" or operation despite the e+istence of an order for closure"
discontinuance or cessation of operation& and
$d% irreparable or grave damage to the environment as a conse)uence of any violation of the
provisions of this Act.
3ffenders shall be punished with imprisonment of not less than si+ $;% years but not more than ten
$1E% years at the discretion of the court. #f the offender is a *uridical person" the president" manager"
directors" trustees" the pollution control officer or the officials directly in charge of the operations shall
suffer the penalty herein provided.
Ch/pter 7
(in/l Provisions
+ection 49. Potential +oss or Shifts of *mployment. - The Secretary of <abor is hereby authorized
to establish a compensation" retraining and relocation program to assist workers laid off due to a
company-s compliance with the provisions of this Act.
+ection 69. Appropriations. - An amount of Seven 7undred !ifty Million (esos $(9GE"EEE"EEE.EE%
shall be appropriated for the initial implementation of this Act" of which" the amount of Three 7undred
Million (esos $(DEE"EEE"EEE.EE% shall be appropriated to the .epartment& Two 7undred Million (esos
$(2EE"EEE"EEE.EE% to the .T#& 3ne 7undred !ifty Million (esos $(1GE"EEE"EEE.EE% to the .3T4& and
3ne 7undred Million (esos $(1EE"EEE"EEE.EE% to the .3'.
Thereafter" the amount necessary to effectively carry out the provisions of this Act shall be included in
the =eneral Appropriations Act.
+ection 6!. Implementing Rules and Regulations. - The .epartment" in coordination with the
4ommittees on 'nvironment and 'cology of the Senate and 7ouse of 0epresentatives" respectively
and other agencies" shall promulgate the implementing rules and regulations for this Act" within one
$1% year after the enactment of this Act:Provided. That rules and regulations issued by other
government agencies and instrumentalities for the prevention and,or abatement of pollution not
inconsistent with this Act shall supplement the rules and regulations issued by the .epartment
pursuant to the provisions of this Act.
+ection 62. Report to Congress. - The .epartment shall report to 4ongress" not later than March DE
of every year following the approval of this Act" the progress of the pollution control efforts and make
the necessary recommendations in areas where there is need for legislative action.
+ection 63. 4oint Congressional 1#ersight Committee. - There is hereby created a *oint
congressional oversight committee to monitor the implementation of this Act. The committee shall be
composed of five $G% senators and five $G% representatives to be appointed by the Senate (resident
and the Speaker of the 7ouse of 0epresentatives" respectively" the oversight committee shall be co-
chaired by a senator and a representative designated by the Senate (resident and the Speaker of the
7ouse of 0epresentatives" respectively.
The mandate given to the *oint congressional oversight committee under this Act shall be without
pre*udice to the performance of the duties and functions by the respective e+isting oversight
committees of the Senate and the 7ouse of 0epresentatives.
+ection 64. Separa'ility of Pro#isions. - #f any provision of this Act or the application of such
provision to any person or circumstances is declared unconstitutional" the remainder of the Act or the
application of such provision to other person or circumstances shall not be affected by such
declaration.
+ection 66. Repealing Clause. - (residential .ecree /o. 11B1 is hereby repealed. (residential
.ecrees /os. 11G2" 1GB; and (residential .ecree /o. ABF are partly modified. All other laws" orders"
issuance" rules and regulations inconsistent herewith are hereby repealed or modified accordingly.
+ection 68. *ffecti#ity. - This Act shall take effect fifteen $1G% days from the date of its publication in
the (fficial "a#ette or in at least two $2% newspapers of general circulation.
Approved" June 23 !999.
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C*AP"ER %
0A+%C P#,%C%E+
Article !
'ener/l Provisions
+ection !. Short 0itle - This Act shall be known as the 'cological Solid 6aste Management Act of
2EEE.
+ection 2. Declaration of Policies - #t is hereby declared the policy of the State to adopt a systematic"
comprehensive and ecological solid waste management program which shall:
$a% 'nsure the protection of the public health and environment&
$b% >tilize environmentally-sound methods that ma+imize 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% 'nsure 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 e+cluding incineration&
$e% (romote national research and development programs for improved solid waste
management and resource conservation techni)ues" more effective institutional arrangement
and indigenous and improved methods of waste reduction" collection" separation and
recovery&
$f% 'ncourage greater private sector participation in solid waste management&
$g% 0etain 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% 'ncourage cooperation and self-regulation among waste generators through the
application of market-based instruments&
$i% #nstitutionalize public participation in the development and implementation of national and
local integrated" comprehensive" and ecological waste management programs& and
$*% 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.
Article 2
&efinition of "er5s
+ection 3. Definition of 0erms - !or the purposes of this Act:
$a% Agricultural waste shall refer to waste generated from planting or harvesting of crops"
trimming or pruning of plants and wastes or run-off materials from farms or fields&
$b% 5ulky wastes shall refer to waste materials which cannot be appropriately placed in
separate containers because of either its bulky size" shape or other physical attributes. These
include large worn-out or broken household" commercial" and industrial items such as
furniture" lamps" bookcases" filing cabinets" and other similar items&
$c% 5ureau shall refer to the 'nvironmental Management 5ureau&
$d% 5uy-back center shall refer to a recycling center that purchases of otherwise accepts
recyclable materials from the public for the purpose of recycling such materials&
$e% 4ollection shall refer to the act of removing solid waste from the source or from a
communal storage point&
$f% 4omposting shall refer to the controlled decomposition of organic matter by micro-
organisms" mainly bacteria and fungi" into a humus-like product&
$g% 4onsumer electronics shall refer to special waste that includes worn-out" broken" and other
discarded items such as radios" stereos" and TI sets&
$h% 4ontrolled dump shall refer to a disposal site at which solid waste is deposited in
accordance with the minimum prescribed standards of site operation&
$i% .epartment shall refer to the .epartment of 'nvironment and /atural 0esources&
$*% .isposal shall refer to the discharge" deposit" dumping" spilling" leaking or placing of any
solid waste into or in an land&
$k% .isposal site shall refer to a site where solid waste is finally discharged and deposited&
$l% 'cological solid waste management shall refer to the systematic administration of activities
which provide for segregation at source" segregated transportation" storage" transfer"
processing" treatment" and disposal of solid waste and all other waste management activities
which do not harm the environment&
$m% 'nvironmentally acceptable shall refer to the )uality of being re-usable" biodegradable or
compostable" recyclable and not to+ic or hazardous to the environment&
$n% =eneration shall refer to the act or process of producing solid waste&
$o% =enerator shall refer to a person" natural or *uridical" who last uses a material and makes it
available for disposal or recycling&
$p% 7azardous waste shall refer to solid waste management or combination of solid waste
which because of its )uantity" concentration or physical" chemical or infectious characteristics
may:
$1% cause" or significantly contribute to an increase in mortality or an increase in serious
irreversible" or incapacitating reversible" illness& or
$2% pose a substantial present or potential hazard to human health or the environment
when improperly treated" stored" transported" or disposed of" or otherwise managed&
$)% <eachate shall refer to the li)uid produced when waste undergo decomposition" and when
water percolate through solid waste undergoing decomposition. #t is contaminated li)uid that
contains dissolved and suspended materials&
$r% Materials recovery facility - includes a solid waste transfer station or sorting station" drop-off
center" a composting facility" and a recycling facility&
$s% Municipal waste shall refer to wastes produced from activities within local government units
which include a combination of domestic" commercial" institutional and industrial wastes and
street litters&
$t% 3pen dump shall refer to a disposal area wherein the solid wastes are indiscriminately
thrown or disposed of without due planning and consideration for environmental and 7ealth
standards&
$u% 3pportunity to recycle shall refer to the act of providing a place for collecting source-
separated recyclable material" located either at a disposal site or at another location more
convenient to the population being served" and collection at least once a month of source-
separated recyclable material from collection service customers and to providing a public
education and promotion program that gives notice to each person of the opportunity to
recycle and encourage source separation of recyclable material&
$v% (erson$s% shall refer to any being" natural or *udicial" susceptible of rights and obligations"
or of being the sub*ect of legal relations&
$w% (ost-consumer material shall refer only to those materials or products generated by a
business or consumer which have served their intended end use" and which have been
separated or diverted from solid waste for the purpose of being collected" processed and used
as a raw material in the manufacturing of recycled product" e+cluding materials and by-
products generated from" and by-products generated from" and commonly used within an
original manufacturing process" such as mill scrap&
$+% 0eceptacles shall refer to individual containers used for the source separation and the
collection of recyclable materials&
$y% 0ecovered material shall refer to material and by products that have been recovered or
diverted from solid waste for the purpose of being collected" processed and used as a raw
material in the manufacture of a recycled product&
$z% 0ecyclable material shall refer to any waste material retrieved from the waste stream and
free from contamination that can still be converted into suitable beneficial use or for other
purposes" including" but not limited to" newspaper" ferrous scrap metal" non-ferrous scrap
metal" used oil" corrugated cardboard" aluminum" glass" office paper" tin cans and other
materials as may be determined by the 4ommission&
$aa% 0ecycled material shall refer to post-consumer material that has been recycled and
returned to the economy&
$bb% 0ecycling shall refer to the treating of used or waste materials through a process of
making them suitable for beneficial use and for other purposes" and includes any process by
which solid waste materials are transformed into new products in such a manner that the
original product may lose their identity" and which maybe used as raw materials for the
production of other goods or services: Provided" That the collection" segregation and re-use of
previously used packaging material shall be deemed recycling under this Act&
$cc% 0esource conversation shall refer to the reduction of the amount of solid waste that are
generated or the reduction of overall resource consumption" and utilization of recovered
resources&
$dd% 0esources recovery shall refer to the collection" e+traction or recovery of recyclable
materials from the waste stream for the purpose of recycling" generating energy or producing a
product suitable for beneficial use: Provided" That such resource recovery facilities e+clude
incineration&
$ee% 0e-use shall refer to the process of recovering materials intended for the same or
different purpose without the alteration of physical and chemical characteristics&
$ff% Sanitary landfill shall refer to a waste disposal site designed" constructed" operated and
maintained in a manner that e+erts engineering control over significant potential environment
impacts arising from the development and operation of the facility&
$gg% Schedule of 4ompliance shall refer to an enforceable se)uence of actions or operations
to be accomplished within a stipulated time frame leading to compliance with a limitation"
prohibition or standard set forth in this Act or any rule of regulation issued pursuant thereto&
$hh% Secretary landfill shall refer to the Secretary of the .epartment of 'nvironment and
/atural 0esources&
$ii% Segregation shall refer to a solid waste management practice of separating different
materials found in solid waste in order to promote recycling and re-use of resources and to
reduce the volume of waste for collection and disposal&
$**% Segregation at source shall refer to a solid waste management practice of separating" at
the point of origin" different materials found in solid waste in order to promote recycling and re-
use of resources and to reduce the volume of waste for collection and disposal&
$kk% Solid waste shall refer to all discarded household" commercial waste" non-hazardous
institutional and industrial waste" street sweepings" construction debris" agricultural waste" and
other non-hazardous,non-to+ic solid waste.
>nless specifically noted otherwise" the term solid waste as used in this Act shall not include:
$1% 6aste identified or listed as hazardous waste of a solid" li)uid" contained gaseous
or semisolid form which may cause or contribute to an increase in mortality or in
serious or incapacitating reversible illness" or acute,chronic effect on the health of
persons and other organisms&
$2% #nfectious waste from hospitals such as e)uipment" instruments" utensils" and
fomites of a disposable nature from patients who are suspected to have or have been
diagnosed as having communicable diseases and must therefore be isolated as
re)uired by public health agencies" laboratory wastes such as pathological specimens
$i.e. all tissues" specimens of blood elements" e+creta" and secretions obtained from
patients or laboratory animals% and disposable fomites that may harbor or transmit
pathogenic organisms" and surgical operating room pathologic materials from
outpatient areas and emergency rooms& and
$D% 6aste resulting from mining activities" including contaminated soil and debris.
$ll% Solid waste management shall refer to the discipline associated with the control of
generation" storage" collection" transfer and transport" processing" and disposal of solid wastes
in a manner that is in accord with the best principles of public health" economics" engineering"
conservation" aesthetics" and other environmental considerations" and that is also responsive
to public attitudes&
$mm% Solid waste management facility shall refer to any resource recovery system or
component thereof& any system" program" or facility for resource conservation& any facility for
the collection" source separation" storage" transportation" transfer" processing" treatment" or
disposal of solid waste&
$nn% Source reduction shall refer to the reduction of solid waste before it enters the solid waste
stream by methods such as product design" materials substitution" materials re-use and
packaging restrictions&
$oo% Source separation shall refer to the sorting of solid waste into some or all of its
component parts at the point of generation&
$pp% Special wastes shall refer to household hazardous wastes such as paints" thinners"
household batteries" lead-acid batteries" spray canisters and the like. These include wastes
from residential and commercial sources that comprise of bulky wastes" consumer electronics"
white goods" yard wastes that are collected separately" batteries" oil" and tires. These wastes
are usually handled separately from other residential and commercial wastes&
$))% Storage shall refer to the interim containment of solid wastes after generation and prior to
collection for ultimate recovery or disposal&
$rr% Transfer stations shall refer to those facilities utilized to receive solid wastes" temporarily
store" separate" convert" or otherwise process the materials in the solid wastes" or to transfer
the solid wastes directly from smaller to larger vehicles for transport. This term does not
include any of the following:
$1% a facility whose principal function is to receive" store" separate" convert or otherwise
process in accordance with national minimum standards" manure&
$2% a facility" whose principal function is to receive" store" convert" or otherwise process
wastes which have already been separated for re-use and are intended for disposals"
and
$D% the operations premises of a duly licensed solid waste handling operator who is
receives" stores" transfers" or otherwise processes wastes as an activity incidental to
the conduct of a refuse collection and disposal business.
$ss% 6aste diversion shall refer to activities which reduce or eliminate the amount of solid
waste from waste disposal facilities&
$tt% 6hite goods shall refer to large worn-out or broken household" commercial" and industrial
appliances such as stoves" refrigerators" dishwashers" and clothes washers and dryers
collected separately. 6hite goods ate usually dismantled for the recovery of specific materials
$e.g." copper" aluminum" etc.%&
$uu% Qard waste shall refer to wood" small or chipped branches" leaves" grass clippings"
garden debris" vegetable residue that is recognized as part of a plant or vegetable and other
materials identified by the 4ommission.
C*AP"ER %%
%N+"%"-"%#NA, )EC*AN%+)
+ection 4. 'ational Solid 1aste &anagement Commission - There is hereby established a /ational
Solid 6aste Management 4ommission" hereinafter referred to as the 4ommission" under the 3ffice of
the (resident. The 4ommissioner shall be composed of fourteen $1F% 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 e+ officio capacity:
$1% .epartment of 'nvironment and /atural 0esources $.'/0%&
$2% .epartment of the #nterior and <ocal =overnment $.#<=%&
$D% .epartment of Science and Technology $.3ST%&
$F% .epartment of (ublic 6orks and 7ighways $.(67%&
$G% .epartment of 7ealth $.37%&
$;% .epartment of Trade and #ndustry $.T#%&
$9% .epartment of Agriculture $.A%&
$B% Metro Manila .evelopment Authority $MM.A%&
$A% <eague of provincial governors&
$1E% <eague of city mayors&
$11% <eague of municipal mayors&
$12% Association of barangay councils&
$1D% Technical 'ducation and Skills .evelopment Authority $T'S.A%& and
$1F% (hilippine #nformation Agency.
The private sector shall be represented by the following:
$a% A representative from nongovernment organizations $/=3s% whose principal purpose is to
promote recycling and the protection of air and water )uality&
$b% A representative from the recycling industry& and
$c% A representative from the manufacturing or packaging industry&
The 4ommission may" from time to time" call on any other concerned agencies or sectors as it may
deem necessary.
Provided" That representatives from the /=3s" recycling and manufacturing or packaging industries
shall be nominated through a process designed by themselves and shall be appointed by the
(resident for a term of three $D% years.
Provided" further. That the Secretaries of the member agencies of the 4ommission shall formulate
action plans for their respective agencies to complement the /ational Solid 6aste Management
!ramework.
The .epartment Secretary and a private sector representative of the 4ommission shall serve as
chairman and vice chairman" respectively. The private sector representatives of the 4ommission 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 4ommission shall
serve and continue to hold office until their successors shall have been appointed and )ualified.
Should a member of the 4ommission fail to complete his,her term" the une+pired portion of the term.
!inally" the members shall be entitled to reasonable traveling e+penses and honoraria.
The .epartment" through the 'nvironmental Management 5ureau" shall provide secretariat support to
the 4ommission. The Secretariat shall be headed by an e+ecutive director who shall be nominated by
the members of the 4ommission and appointed by the chairman.
+ection 6. Po%ers and /unctions of the Commission - The 4ommission shall oversee the
implementation of solid waste management plans and prescribe policies to achieve the ob*ectives of
this Act. The 4ommission shall undertake the following activities.
$a% (repare the national solid waste management framework&
$b% Approve local solid waste management plans in accordance with its rules and regulations&
$c% 0eview and monitor the implementation of local solid waste management plans&
$d% 4oordinate the operation of local solid waste management boards in the provincial and
city,municipal levels&
$e% To the ma+imum e+tent feasible" utilizing e+isting resources" assist provincial" city and
municipal solid waste management plans&
$f% .evelop 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 re)uirements of the /ational Solid 6aste Management !ramework&
$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% .evelop 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% .evelop a mechanism for the imposition of sanctions for the violations environmental rules
and regulations&
$*% Manage the Solid 6aste Management !und&
$k% .evelop and prescribe procedures for the issuance of appropriate permits and clearances.
$l% 0eview the incentives scheme for effective solid waste management" for purpose of
ensuring relevance and efficiency in achieving the ob*ectives of this Act&
$m% !ormulate the necessary education promotion and information campaign strategies&
$n% 'stablish" after notice and hearing of the parties concerned" standards" criteria" guidelines"
and formula that are fair" e)uitable 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% .evelop 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% !ormulate and update a list of non-environmentally acceptable materials in accordance
with the provisions of this Act. !or this purpose" it shall be necessary that proper consultation
be conducted by the 4ommission with all concerned industries to ensure a list that is based on
technological and economic viability.
$)% 'ncourage private sector initiatives" community participation and investments resource
recovery-based livelihood programs for local communities.
$r% 'ncourage all local government agencies and all local government units to patronize
products manufactured using recycled and recyclable materials&
$s% (ropose and adopt regulations re)uiring 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% 4riteria and guidelines for siting" design" operation and maintenance of solid waste
management facilities.
+ection 8. &eetings - The 4ommission shall meet at least once a month. The presence of at least a
ma*ority of the members shall constitute a )uorum. The chairman" or in his absence the vice-
chairman" shall be the presiding officer. #n the absence of the heads of the agencies mentioned in
Sec. F of this Act" they may designate permanent representatives to attend the meetings.
+ection 7. 0he 'ational cology Center - There shall be established a /ational 'cology 4enter under
the 4ommission which shall provide consulting" information" training" and networking services for the
implementation of the provisions of this Act.
#n this regard" it shall perform the following functions:
$a% !acilitate training and education in integrated ecological solid waste management&
$b% 'stablish and manage a solid waste management information data base" in coordination
with the .T# and other concerned agencies:
$1% on solid waste generation and management techni)ues 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% (romote the development of a recycling market through the establishment of a national
recycling network that will enhance the opportunity to recycle&
$d% (rovide or facilitate e+pert assistance in pilot modeling of solid waste management
facilities& and
$e% .evelop" test" and disseminate model waste minimization and reduction auditing
procedures for evaluating options.
The /ational 'cology 4enter shall be headed by the director of the 5ureau in his e+ officio capacity. #t
shall maintain a multi-sectoral" multi-disciplinary pool of e+perts including those from the academe"
inventors" practicing professionals" business and industry" youth " women and other concerned
sectors" who shall be screened according to )ualifications set by the 4ommission.
+ection 8. Role of the Departmen2 - !or the furtherance of the ob*ectives of this Act" the .epartment
shall have the following functions:
$a% 4hair the 4ommission created pursuant to this Act&
$b% (repare an annual /ational Solid 6aste Management Status 0eport&
$c% (repare and distribute information" education and communication materials on solid waste
management&
$d% 'stablish methods and other parameters for the measurement of waste reduction"
collection and disposal&
$e% (rovide technical and other capability building assistance and support to the <=>s in the
development and implementation of local solid waste management plans and programs&
$f% 0ecommend policies to eliminate barriers to waste reduction programs&
$g% '+ercise visitorial and enforcement powers to ensure strict compliance with this Act&
$h% (erform such other powers and functions necessary to achieve the ob*ectives of this Act&
and
$i% #ssue rules and regulations to effectively implement the provisions of this Act.
+ection 9. 3isitorial Po%ers of the Department2 - The .epartment or its duly authorized representative
shall have access to" and the right to copy therefrom" the records re)uired 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
)uestion 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 *udicially authorized.
+ection !9. Role of 4"5s in Solid 1aste &anagement - (ursuant to the relevant provisions of 0.A.
/o. 91;E" otherwise known as the <ocal government code" the <=>s shall be primarily responsible for
the implementation and enforcement of the provisions of this Act within their respective *urisdictions.
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.
+ection !!. Provincial Solid 1aste &anagement Board - A (rovincial Solid 6aste Management board
shall be established in every province" to be chaired by the governor. #ts members shall include:
$a% All the mayors of its component cities and municipalities&
$b% 3ne $1% representative from the Sangguniang (anlalawigan to be represented by the
chairperson of either the 4ommittees on 'nvironment or 7ealth or their e)uivalent
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% 4ongressional representatives from each congressional district within the province&
$g% A representative from the /=3 sector whose principal purpose is to promote recycling and
the protection of air and water )uality&
$h% A representative from the recycling industry&
$i% A representative from the manufacturing or packaging industry& and
$*% A representative of each concerned government agency possessing relevant technical and
marketing e+pertise as may be determined by the board.
The (rovincial Solid 6aste Management 5oard may" from time to time" call on any other concerned
agencies or sectors as it may deem necessary.
Provided" That representatives from the /=3s" 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 5oard: Provided" further" that in the (rovince of
(alawan" the 5oard shall be chaired by the chairman of the (alawan 4ouncil for Sustainable
.evelopment" pursuant to 0epublic Act /o. 9;11.
#n the case of Metro Manila" the 5oard shall be chaired by the chairperson of the MM.A and its
members shall include:
$i% all mayors of its component cities and municipalities&
$ii% a representative from the /=3 sector whose principal purpose is to promote recycling and
the protection of air and water )uality&
$iii% a representative from the recycling industry& and
$iv% a representative from the manufacturing or packaging industry.
The 5oard may" from time to time" call on any other concerned agencies or sectors as it may deem
necessary.
Provided" That representatives from the /=3s" 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 5oard.
The (rovincial Solid 6aste Management 5oard shall have the following functions and responsibilities:
$1% .evelop 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. #t 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 re)uisite
components. The (rovincial Solid 6aste Management (lan shall be submitted to the
4ommission for approval.
The (rovincial (lans 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% (rovide the necessary logistical and operational support to its component cities and
municipalities in consonance with subsection $f% of Sec.19 of the <ocal =overnment 4ode&
$D% 0ecommend measures and safeguards against pollution and for the preservation of the
natural ecosystem&
$F% 0ecommend measures to generate resources" funding and implementation of pro*ect and
activities as specified in the duly approved solid waste management plans&
$G% #dentify areas within its *urisdiction which have common solid waste management problems
and are appropriate units are planning local solid waste management services in accordance
with Section F1 hereof&
$;% 4oordinate the efforts of the component cities and municipalities in the implementation of
the (rovincial Solid 6aste Management (lan&
$9% .evelop an appropriate incentive scheme as an integral component of the (rovincial Solid
6aste Management (lan&
$B% 4onvene *oint meetings of the provincial" city and municipal solid waste management
boards at least every )uarter for purposes of integrating" synchronizing" monitoring and
evaluating the development and implementation of its provincial solid waste management
plan&
$A% 0epresent any of its component city or municipality in coordinating its resource and
operational re)uirements with agencies of the national government&
$1E% 3versee the implementation of the (rovincial Solid 6aste Management (lant&
$11% 0eview every two $2% years or as the need arises the (rovincial Solid 6aste Management
(lan 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 <=>s for the solution of common solid waste management
problems.
+ection !2. City and &unicipal Solid 1aste &anagement Board - 'ach city or municipality shall form
a 4ity or Municipal 6aste Management 5oard 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 4ity or Municipal Solid 6aste Management 5oard shall be composed of the city or municipal
mayor as head with the following as members:
a% 3ne $1% representative of Sangguniang (anlungsod or the Sangguniang 5ayan" preferably
chairpersons of either the 4ommittees on 'nvironment or 7ealth" who will be designated by
the presiding officer&
b% (resident of the Association of 5arangay 4ouncils in the municipality or city&
c% 4hairperson of the Sangguniang Mabataan !ederation&
d% A representative from /=3s whose principal purpose is to promote recycling and the
protection of air and water )uality&
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 e+pertise as may be determined by the 5oard.
The 4ity or Municipal Solid 6aste Management 5oard may" from time to time" call on any concerned
agencies or sectors as it may deem necessary.
Provided" That representatives from /=3s" 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 5oard.
The 4ity and Municipal Solid 6aste Management 5oards shall have the following duties and
responsibilities:
$1% .evelop the 4ity or Municipal Solid 6aste Management (lan 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 *urisdiction. #n the development of the Solid
6aste Management (lan" 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&
$D% Monitor the implementation of the 4ity or Municipal Solid 6aste Management (lan through
its various political subdivisions and in cooperation with the private sector and the /=3s&
$F% Adopt specific revenue-generating measures to promote the viability of its Solid 6aste
Management (lan&
$G% 4onvene regular meetings for purposes of planning and coordinating the implementation of
the solid waste management plans of the respective component barangays&
$;% 3versee the implementation of the 4ity or Municipal Solid 6aste Management (lan&
$9% 0eview every two $2% years or as the need arises the 4ity or Municipal Solid 6aste
Management (lan for purposes of ensuring its sustainability" viability" effectiveness and
relevance in relation to local and international developments in the field of solid waste
management&
$B% .evelop the specific mechanics and guidelines for the implementation of the 4ity or
Municipal Solid 6aste Management (lan&
$A% 0ecommended to appropriate local government authorities specific measures or proposals
for franchise or build-operate-transfer agreements with duly recognized institutions" pursuant
to 0.A.;AG9" to provide either e+clusive or non-e+clusive 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&
$1E% (rovide the necessary logistical and operational support to its component cities and
municipalities in consonance with subsection $f% of Sec. 19 of the <ocal =overnment 4ode&
$11% 0ecommended measures and safeguards against pollution and for the preservation of the
natural ecosystem& and
$12% 4oordinates the efforts of its components barangays in the implementation of the city or
municipal Solid 6aste Management (lan.
Section1D. stablishment of &ulti!Purpose nvironment Cooperatives or Association in very 4"5 -
Multi-purpose cooperatives and associations that shall undertake activities to promote the
implementation and, or directly undertake pro*ects in compliance with the provisions of this Act shall
be encouraged and promoted in every <=>.
C*AP"ER %%%
C#)PRE*EN+%$E +#,%& ;A+"E )ANA'E)EN"
Article !
'ener/l Provisions
+ection !4. 'ational Solid 1aste &anagement Status Report - The .epartment" in coordination with
the .37 and other concerned agencies" shall within si+ $;% months after the effectivity of this Act"
prepare a /ational Solid 6aste Management Status 0eport which shall be used as a basis in
formulating the /ational Solid 6aste Management !ramework provided in Sec. 1G of this Act. The
concerned agencies shall submit to the .epartment relevant data necessary for the completion of the
said report within three $D% months following the effectivity of this Act. The said report shall include" but
shall not be limited to" the following:
$a% #nventory of e+isting solid waste facilities&
$b% =eneral waste characterization" taking into account the type" )uantity of waste generated
and estimation of volume and type of waste for reduction and recycling&
$c% (ro*ection of waste generation&
$d% The varying regional geologic" hydrologic" climatic" and other factors vital in the
implementation of solid waste practices to ensure the reasonable protection of:
$1% the )uality of surface and groundwater from leachate contamination&
$2% the )uality of surface waters from surface run-off contamination& and
$D% ambient air )uality.
$e% (opulation density" distribution and pro*ected growth&
$f% The political" economic" organizational" financial and management problems affecting
comprehensive solid waste management&
$g% Systems and techni)ues of waste reduction" re-use and recycling&
$h% Available markets for recyclable materials&
$i% 'stimated cost of collecting" storing" transporting" marketing and disposal of wastes and
recyclable materials& and
$*% (ertinent )ualitative and )uantitative information concerning the e+tent of solid waste
management problems and solid waste management activities undertaken by local
government units and the waste generators.
Provided" That the .epartment" in consultation with concerned agencies" shall review" update and
publish a /ational Solid 6aste Management Status 0eport every two $2% years or as the need arises.
+ection !6. 'ational Solid 1aste &anagement /rame%or* - 6ithin si+ $;% months from the
completion of the national solid waste management status report under Sec. 1F of this Act" the
4ommission created under Sec. F of this Act shall" with public participation" formulate and implement
a /ational Solid 6aste Management !ramework. Such framework shall consider and include:
$a% Analysis and evaluation of the current state" trends" pro*ections of solid waste management
on the national" provincial and municipal levels&
$b% #dentification of critical solid waste facilities and local government units which will need
closer monitoring and,or regulation&
$c% 4haracteristics and conditions of collection" storage" processing" disposal" operating
methods" techni)ues and practices" location of facilities where such operating methods"
techni)ues and practices are conducted" taking into account the nature of the waste&
$d% 6aste diversion goal pursuant to Sec. 2E of this Act&
$e% Schedule for the closure and,or upgrading of open and controlled dumps pursuant to Sec.
D9 of this Act&
$f% Methods of closing or upgrading open dumps for purposes of eliminating potential health
hazards&
$g% The profile of sources" including industrial" commercial" domestic" and other sources&
$h% (ractical applications of environmentally sound techni)ues of water minimization such as"
but not limited to" resource conservation" segregation at source" recycling" resource recovery"
including waste-to-energy generation" re-use and composting&
$i% A technical and economic description of the level of performance that can be attained by
various available solid waste management practices which provide for the protection of public
health and the environment&
$*% Appropriate solid waste facilities and conservation systems&
$k% 0ecycling programs for the recyclable materials" such as but not limited to glass" paper"
plastic and metal&
$l% Ienues for public participation from all sectors at all phases,stages of the waste
management program,pro*ect&
$m% #nformation and education campaign strategies&
$n% A description of levels of performance and appropriate methods and degrees of control that
provide" at the minimum" for protection of public health and welfare through:
$1% (rotection of the )uality of groundwater and surface waters from leachate and run-
off contamination&
$2% .isease and epidemic prevention and control&
$D% (revention and control of offensive odor& and
$F% Safety and aesthetics.
$o% Minimum criteria to be used by the local government units to define ecological solid waste
management practices. As much as practicable" such guidelines shall also include minimum
information for use in deciding the ade)uate location" design and construction of facilities
associated with solid waste management practices" including the consideration of regional"
geographic" demographic and climatic factors& and
$p% The method and procedure for the phaseout and the eventual closure within eighteen $1B%
months from the effectivity of this Act in case of e+isting open dumps and,or sanitary landfills
located within an a)uifer" groundwater reservoir or watershed area.
+ection !8. 4ocal "overnment Solid 1aste &anagement Plans - The province" city or municipality"
through its local solid waste management boards" shall prepare its respective 1E-year solid waste
management plans consistent with the national solid waste management framework: Provided" That
the waste management plan shall be for the re-use" recycling and composting of wastes generated in
their respective *urisdictions: Provided" further" That the solid waste management plan of the <=>
shall ensure the efficient management of solid waste generated within its *urisdiction. The plan shall
place primary emphasis on implementation of all feasible re-use" recycling" and composting programs
while identifying the amount of landfill and transformation capacity that will be needed for solid waste
which cannot be re-used" recycled" or composted. The plan shall contain all the components provided
in Sec. 19 of this Act and a timetable for the implementation of the solid waste management program
in accordance with the /ational !ramework and pursuant to the provisions of this
Act: Provided" finally" That it shall be reviewed and updated every year by the provincial" city or
municipal solid waste management board.
!or <=>s which have considered solid waste management alternatives to comply with Sec. D9 of this
Act" but are unable to utilize such alternatives" a timetable or schedule of compliance specifying the
remedial measure and eventual compliance shall be included in the plan.
All local government solid waste management plans shall be sub*ected to the approval of the
4ommission. The plan shall be consistent with the national framework and in accordance with the
provisions of this Act and of the policies set by the 4ommission& Provided" That in the province of
(alawan" the local government solid waste management plan shall be approved by the (alawan
4ouncil for Sustainable .evelopment" pursuant to 0.A. /o. 9;11.
+ection !7. 0he Components of the 4ocal "overnment Solid 1aste &anagement Plan - The solid
waste management plan shall include" but not limited to" the following components:
$a% 4ity or Municipal (rofile - The plan shall indicate the following background information on
the city or municipality and its component barangays" covering important highlights of the
distinct geographic and other conditions:
$1% 'stimated population of each barangay within the city or municipality and
population pro*ect for a 1E-year period&
$2% #llustration or map of the city,municipality" indicating locations of residential"
commercial" and industrial centers" and agricultural area" as well as dump" landfills and
other solid waste facilities. The illustration shall indicate as well" the proposed sites for
disposal and other solid waste facilities&
$D% 'stimated solid waste generation and pro*ection by source" such as residential"
market" commercial" industrial" construction, demolition" street waste"agricultural" agro-
industrial" institutional" other waste& and
$F% #nventory of e+isting waste disposal and other solid waste facilities and capacities.
$b% 6aste characterization - !or the initial source reduction and recycling element of a local
waste management plan" the <=> waste characterization component shall identify the
constituent materials which comprise the solid waste generated within the *urisdiction of the
<=>. The information shall be representative of the solid waste generated and disposed of
within the area. The constituent materials shall be identified by volume" percentage in weight
or its volumetric e)uivalent" material type" and source of generation which includes residential"
commercial" industrial" governmental" or other materials. !uture revisions of waste
characterization studies shall identify the constituent materials which comprise the solid waste
disposed of at permitted disposal facilities.
$c% 4ollection and Transfer - The plan shall take into account the geographic subdivisions to
define the coverage of the solid waste collection area in every barangay. The barangay shall
be responsible for ensuring that a 1EEH collection efficiency from residential" commercial"
industrial and agricultural sources" where necessary within its area of coverage" is achieved.
Toward this end" the plan shall define and identify the specific strategies and activities to be
undertaken by its component barangays" taking into account the following concerns:
$1% Availability and provision of properly designed containers or receptacles in selected
collection points for the temporary storage of solid waste while awaiting collection and
transfer to processing sites or to final disposal sites&
$2% Segregation of different types of solid waste for re-use" recycling and composting&
$D% 7auling and transfer of solid waste from source or collection points to processing
sites or final disposal sites&
$F% #ssuance and enforcement of ordinances to effectively implement a collection
system in the barangay& and
$G% (rovision of properly trained officers and workers to handle solid waste disposal.
The plan shall define and specify the methods and systems for the transfer of solid waste from
specific collection points to solid waste management facilities.
$d% (rocessing - The (lan shall define the methods and the facilities re)uired to process the
solid waste" including the use of intermediate treatment facilities for composting" recycling"
conversion and other waste processing systems. 3ther appropriate waste processing
technologies may also be considered provided that such technologies conform with
internationally-acceptable and other standards set in other standards set in other laws and
regulations.
$e% Source reduction - The source reduction component shall include a program and
implementation schedule which shows the methods by which the <=> will" in combination with
the recycling and composting components" reduce a sufficient amount of solid waste disposed
of in accordance with the diversion re)uirements of Sec. 2E.
The source reduction component shall describe the following:
$1% strategies in reducing the volume of solid waste generated at source&
$2% measures for implementing such strategies and the resources necessary to carry
out such activities&
$D% other appropriate waste reduction technologies that may also be considered"
provided that such technologies conform with the standards set pursuant to this Act&
$F% the types of wastes to be reduced pursuant to Sec. 1G of this Act&
$G% the methods that the <=> will use to determine the categories of solid wastes to be
diverted from disposal at a disposal facility through re-use" recycling and composting&
and
$;% new facilities and e+pansion of e+isting facilities which will be needed to implement
re-use" recycling and composting.
The <=> source reduction component shall include the evaluation and identification of rate
structures and fees for the purpose of reducing the amount of waste generated" an other
source reduction strategies" including but not limited to" programs and economic incentives
provided under Sec. F; of this Act to reduce the use of non-recyclable materials" replace
disposable materials and products with reusable materials and products" reduce packaging"
and increase the efficiency of the use of paper" cardboard" glass" metal" and other materials.
The waste reduction activities of the community shall also take into account" among others"
local capability" economic viability" technical re)uirements" social concerns- disposition of
residual waste and environmental impact: Provided" That" pro*ection of future facilities needed
and estimated cost shall be incorporated in the plan.
$f% 0ecycling - The recycling component shall include a program and implementation schedule
which shows the methods by which the <=> shall" in combination with source reduction and
composting components" reduce a sufficient amount of solid waste disposed of in accordance
with the diversion re)uirements set in Sec .2E.
The <=> recycling component shall describe the following:
$1% The types of materials to be recycled under the programs&
$2% The methods for determining the categories of solid wastes to be diverted from
disposal at a disposal facility through recycling& and
$D% /ew facilities and e+pansion of e+isting facilities needed to implement the recycling
component.
The <=> recycling component shall described methods for developing the markets for
recycled materials" including" but not limited to" an evaluation of the feasibility of procurement
preferences for the purchase of recycled products. 'ach <=> may determine and grant a price
preference to encourage the purchase of recycled products.
The five-year strategy for collecting" processing" marketing and selling the designated
recyclable materials shall take into account persons engaged in the business of recycling or
persons otherwise providing recycling services before the effectivity of this Act. Such strategy
may be base upon the results of the waste composition analysis performed pursuant to this
Section or information obtained in the course of past collection of solid waste by the local
government unit" and may include recommendations with respect to increasing the number of
materials designated for recycling pursuant to this Act.
The <=> recycling component shall evaluate industrial" commercial" residential" agricultural"
governmental and other curbside" mobile" drop-off and buy-back recycling programs" manual
and automated materials recovery facilities" zoning" building code changes and rate structures
which encourage recycling of materials. The Solid 6aste Management (lan shall indicate the
specific measures to be undertaken to meet the waste diversion specified under Sec. 2E of
this Act.
0ecommended revisions to the building ordinances" re)uiring newly-constructed buildings and
buildings undergoing specified alterations to contain storage space" devices or mechanisms
that facilitate source separation and storage of designated recyclable materials to enable the
local government unit to efficiently collect" process" market and sell the designated materials.
Such recommendations shall include" but shall not be limited to separate chutes to facilitate
source separation in multi-family dwellings" storage areas that conform to fire and safety code
regulations" and specialized storage containers.
The Solid 6aste Management (lan shall indicate the specific measures to be undertaken to
meet the recycling goals pursuant to the ob*ectives of this Act.
$g% 4omposting - The composting component shall include a program and implementation
schedule which shows the methods by which the <=> shall" in combination with the source
reduction and recycling components" reduce a sufficient amount of solid waste disposed of
within its *urisdiction to comply with the diversion re)uirements of Sec. 2E hereof.
The <=> composting component shall describe the following:
$1% The types of materials which will be composted under the programs&
$2% The methods for determining the categories of solid wastes to be diverted from
disposal at a disposal facility through composting& and
$D% /ew facilities" and e+pansion of e+isting facilities needed to implement the
composting component.
The <=> composting component shall describe methods for developing the markets for
composted materials" including" but not limited to" an evaluation of the feasibility of
procurement preferences for the purchase of composted products. 'ach <=> may determine
and grant a price preference to encourage the purchase of composted products.
$h% Solid waste facility capacity and final disposal - The solid waste facility component shall
include" but shall not be limited to" a pro*ection of the amount of disposal capacity needed to
accommodate the solid waste generated" reduced by the following:
$1% #mplementation of source reduction" recycling and composting programs re)uired in
this Section or through implementation of other waste diversion activities pursuant to
Sec. 2E of this Act&
$2% Any permitted disposal facility which will be available during the 1E-year planning
period& and
$D% All disposal capacity which has been secured through an agreement with another
<=>" or through an agreement with a solid waste enterprise.
The plan shall identify e+isting and proposed disposal sites and waste management facilities in
the city or municipality or in other areas. The plan shall specify the strategies for the efficient
disposal of waste through e+isting disposal facilities and the identification of prospective sites
for future use. The selection and development of disposal sites shall be made on the basis of
internationally accepted standards and on the guidelines set in Sec. F1 and F2 of this Act.
Strategies shall be included to improve said e+isting sites to reduce adverse impact on health
and the environment" and to e+tent life span and capacity. The plan shall clearly define
pro*ections for future disposal site re)uirements and the estimated cost for these efforts.
3pen dump sites shall not be allowed as final disposal sites. #f an open dump site is e+isting
within the city or municipality" the plan shall make provisions for its closure or eventual phase
out within the period specified under the framework and pursuant to the provisions under Sec.
D9 of this Act. As an alternative" sanitary landfill sites shall be developed and operated as a
final disposal site for solid and" eventually" residual wastes of a municipality or city or a cluster
of municipality and,or cities. Sanitary landfills shall be designed and operated in accordance
with the guidelines set under Secs. FE and F1 of this Act.
$i% 'ducation and public information - The education and public information component shall
describe how the <=> will educate and inform its citizens about the source reduction"
recycling and composting programs.
The plan shall make provisions to ensure that information on waste collection services" solid
waste management and related health and environmental concerns are widely disseminated
among the public. This shall be undertaken through the print and broadcast media and other
government agencies in the municipality. The .'4S and the 4ommission on 7igher 'ducation
shall ensure that waste management shall be incorporated in the curriculum of primary"
secondary and college students.
$*% Special 6aste - The special waste component shall include e+isting waste handling and
disposal practices for special wastes or household hazardous wastes" and the identification of
current and proposed programs to ensure the proper handling" re-use" and long-term disposal
of special wastes&
$k% 0esource re)uirement and funding - The funding component includes identification and
description of pro*ect costs" revenues" and revenue sources the <=> will use to implement all
components of the <=> solid waste management plan&
The plan shall likewise indicate specific pro*ects" activities" e)uipment and technological
re)uirements for which outside sourcing of funds or materials may be necessary to carry out
the specific components of the plan. #t shall define the specific uses for its resource
re)uirement s and indicate its costs. The plan shall likewise indicate how the province" city or
municipality intends to generate the funds for the ac)uisition of its resource re)uirements. #t
shall also indicate if certain resource re)uirements are being or will be sourced from fees"
grants" donations" local funding and other means. This will serve as basis for the determination
and assessment of incentives which may be e+tended to the province" city or municipality as
provided for in Sec. FG of this Act.
$l% (rivatization of solid waste management pro*ects - The plan shall likewise indicate specific
measures to promote the participation of the private sector in the management of solid wastes"
particularly in the generation and development of the essential technologies for solid waste
management. Specific pro*ects or component activities of the plan which may be offered as
private sector investment activity shall be identified and promoted as such. Appropriate
incentives for private sector involvement in solid waste management shall likewise be
established and provided for in the plan" in consonance with Sec. FG hereof and other e+isting
laws" policies and regulations& and
$m% #ncentive programs - A program providing for incentives" cash or otherwise" which shall
encourage the participation of concerned sectors shall likewise be included in the plan.
+ection !8. (%ner and (perator - 0esponsibility for compliance with the standards in this Act shall
rest with the owner and,or operator. #f 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 assure compliance with these standards and any assigned conditions. 6hen the
title to a disposal is transferred to another person" the new owner shall be notified by the previous
owner of the e+istence of these standards and of the conditions assigned to assure compliance.
+ection !9. 1aste characteri#ation - The .epartment in coordination with the <=>s" shall be
responsible for the establishment of the guidelines for the accurate characterization of wastes
including determination of whether or not wastes will be compatible with containment features and
other wastes" and whether or not wastes are re)uired to be managed as hazardous wastes under
0.A. ;A;A" otherwise known as the To+ic Substance and 7azardous and /uclear 6astes 4ontrol Act.
+ection 29. stablishing &andatory Solid 1aste Diversion - 'ach <=> plan shall include an
implementation schedule which shows that within five $G% years after the effectivity of this Act" the <=>
shall divert at least 2GH of all solid waste from waste disposal facilities through re-use" recycling and
composting activities and other resource recovery activities& Provided" That the waste diversion goals
shall be increased every three $D% years thereafter&Provided" further" That nothing in this Section
prohibits a local government unit from implementing re-use" recycling" and composting activities
designed to e+ceed the goal.
Article 2
+egreg/tion of ;/stes
+ection 2!. &andatory Segregation of Solid 1astes - The <=>s 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.
!or premises containing si+ $;% or more residential units" the local government unit shall promulgate
regulations re)uiring 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 re)uirements of this Act and the regulations
promulgated pursuant thereto.
+ection 22. Requirements for the Segregation and Storage of Solid 1aste - The following shall be the
minimum standards and re)uirements 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 4ommission.
Article 3
Collection /n: "r/nsport of +oli: ;/stes
+ection 23. Requirements for Collection of Solid 1astes - The following shall be the minimum
standards and re)uirements for the collection of solid waste:
$a% All collectors and other personnel directly dealing with collection of solid waste shall be
e)uipped with personal protective e)uipment to protect them from the hazards of handling
wastes&
$b% /ecessary 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
$c% 4ollection 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.
+ection 24. Requirements for the 0ransport of Solid 1aste - The use of separate collection schedules
and,or separate trucks or haulers shall be re)uired for specific types of wastes. 3therwise" 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.
Iehicles shall be designed to consider road size" condition and capacity to ensure the sage and
efficient collection and transport of solid wastes.
The waste compartment shall have a cover to ensure the containment of solid wastes while in transit.
!or the purpose of identification" vehicles shall bear the body number" the name" and the telephone
number of the contractor,agency collecting solid waste.
+ection 26. "uidelines for 0ransfer Stations - Transfer stations shall be designed and operated for
efficient waste handling capacity and in compliance with environmental standards and guidelines set
pursuant to this Act and other regulations: Provided" That no waste shall be stored in such station
beyond twenty-four $2F% hours.
The siting of the transfer station shall consider the land use plan" pro+imity to collection area" and
accessibility of haul routes to disposal facility. The design shall give primary consideration to size and
space sufficiency in order to accommodate the waste for storage and vehicles for loading and
unloading of wastes.
Article 4
Rec2cling Progr/5
+ection 28. $nventory of +isting &ar*ets for Recyclable &aterials - The .T# shall within si+ $;%
months from the effectivity of this Act and in cooperation with the .epartment" the .#<= and other
concerned agencies and sectors" publish a study of e+isting markets for processing and purchasing
recyclable materials and the potential steps necessary to e+pand these markets. Such study shall
include" but not be limited to" an inventory of e+isting markets for recyclable materials" product
standards for recyclable and recycled materials" and a proposal" developed in con*unction with the
appropriate agencies" to stimulate the demand for the production of products containing post
consumer and recovered materials.
+ection 27. Requirement for co!4abeling - The .T# shall formulate and implement a coding system
for packaging materials and products to facilitate waste and recycling and re-use.
+ection 28. Reclamation Programs and Buy!bac* Centers for Recyclables and 0o+ics - The /ational
'cology 4enter shall assist <=>s 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 to+ic
components of the waste stream like dry cell batteries and tires to ensure that they are not incinerated
or disposed of in a landfill. >pon effectivity of this Act" to+ic 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 0.A. /o. ;A;A.
+ection 29. 'on!nvironmentally Acceptable Products - 6ithin one $1% year from the effectivity of this
Act" the 4ommission 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 4ommission:Provided" ho%ever" That non-environmentally acceptable products
shall not be prohibited unless the 4ommission first finds that there are alternatives available which are
available to consumers at no more than ten percent $1EH% greater cost than the disposable product.
/otwithstanding any other provisions to the contrary" this section shall not apply to:
$a% (ackaging 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 4ommission.
The 4ommission shall annually review and update the list of prohibited non-environmentally
acceptable products.
+ection 39. Prohibition on the 5se of 'on!nvironmentally Acceptable Pac*aging - /o 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
4ommission 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 4ommission 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.
+ection 3!. Recycling &ar*et Development - The 4ommission together with the /ational 'cology
4enter" the .T# and the .epartment of !inance 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.
#n 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 *urisdiction of the local government unit if such facility will manufacture such finished
products form post-consumer and recovered materials.
+ection 32. stablishment of 4"5 &aterials Recovery /acility2 - There shall be established a
Materials 0ecovery !acility $M0!% 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. !or this purpose" the barangay or cluster of barangays shall
allocate a certain parcel of land for the M0!. The M0! shall receive mi+ed 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.
+ection 33. "uidelines for stablishment of &aterials Recovery /acility - 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 e)uipment 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 e+ternal access and to
accommodate internal flow.
Article 6
Co5posting
+ection 34. $nventory of &ar*ets of Composts - 6ithin si+ $;% months after the effectivity of this Act"
the .A shall publish an inventory of e+isting 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.
+ection 36. "uidelines for Compost 6uality - 4ompost products intended to be distributed
commercially shall conform with the standards for organic fertilizers set by the .A. The .A shall assist
the compost producers to ensure that the compost products conform to such standards.
Article 8
;/ste )/n/ge5ent (/cilities
+ection 38. $nventory of 1aste Disposal /acilities - 6ithin si+ $;% months from the effectivity of this
Act" the .epartment" in cooperation with the .37" .#<= and other concerned agencies" shall publish
an inventory of all solid waste disposal facilities or sites in the country.
+ection 37. Prohibition Against the 5se of (pen Dumps for Solid 1aste - /o open dumps shall be
established and operated" nor any practice or disposal of solid waste by any person" including <=>s"
which constitutes the use of open dumps for solid wastes" be allowed after the effectivity of this
Acts: Provided" That within three $D% years after the effectivity of this Act" every <=> shall convert its
open dumps into controlled dumps" in accordance with the guidelines set in Sec. F1 of this
Act: Provided" further" That no controlled dumps shall be allowed five $G% years following the effectivity
of this Act.
+ection 38. Permit for Solid 1aste &anagement /acility Construction and +pansion - /o person
shall commence operation" including site preparation and construction of a new solid waste
management facility or the e+pansion of an e+isting facility until said person obtains an 'nvironment
4ompliance 4ertificate $'44% from the .epartment pursuant to (... 1GB; and other permits and
clearances form concerned agencies.
+ection 39. "uidelines for Controlled Dumps - The following shall be the minimum considerations for
the establishments of controlled dumps:
$a% 0egular inert cover&
$b% Surface water and peripheral site drainage control&
$c% (rovision for aerobic and anaerobic decomposition&
$d% 0estriction of waste deposition to small working areas&
$e% !ence" including provisions for litter control&
$f% 5asic record-keeping&
$g% (rovision of maintained access road&
$h% 4ontrolled waste picking and trading&
$i% (ost-closure site cover and vegetation& and
$*% 7ydro geological siting.
+ection 49. Criteria for Siting a Sanitary 4andfill - 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 <=>&
$b% The site must be accessible from ma*or roadways or thoroughfares&
$c% The site should have an ade)uate )uantity 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 a)uifer" groundwater reservoir or watershed
area&
$f% The site should be large enough to accommodate the community-s wastes for a period of
five $G% 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% 3perating plans must include provisions for coordinating with recycling and resource
recovery pro*ects& and
$i% .esignation of a separate containment area for household hazardous wastes.
+ection 4!. Criteria for stablishment of Sanitary 4andfill - The following shall be the minimum criteria
for the establishment of sanitary landfills:
$a% <iners - a system of clay layers and,or geosynthethic membranes used to contain leachate
and reduce or prevent contaminant flow to groundwater&
$b% <eachate 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% =as 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% =roundwater monitoring well system - wells placed at an appropriate location and depth for
taking water that are representative of ground water )uality&
$e% 4over - 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% 4losure procedure with the ob*ectives of establishing low maintenance cover systems and
final cover that minimizes the infiltration of precipitation into the waste. #nstallation of the final
cover must be completed within si+ $;% months of the last receipt of waste&
$g% (ost-closure care procedure - .uring 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 e)uipment" remediating groundwater should it
become contaminated and controlling landfill gas migration or emission.
+ection 42. (perating Criteria for Sanitary 4andfills - #n the operation of a sanitary land fill" each site
operator shall maintain the following minimum operating e)uipments:
$a% .isposal site records of" but not limited to:
$1% 0ecords of weights or volumes accepted in a form and manner approved by the
.epartment. Such records shall be submitted to the .epartment upon re)uest"
accurate to within ten percent $1EH% and ade)uate for overall planning purposes and
forecasting the rate of site filling&
$2% 0ecords of e+cavations which may affect the safe and proper operation of the site
or cause damage to ad*oining properties&
$D% .aily log book or file of the following information: fires" landslides" earth)uake
damage" unusual and sudden settlement" in*ury and property damage" accidents"
e+plosions" receipts or re*ection of unpermitted wastes" flooding and other unusual
occurrences&
$F% 0ecord of personnel training& and
$G% 4opy of written notification to the .epartment" local health agency" and fire authority
of names" addresses and telephone numbers of the operator or responsible party of
the site&
$b% 6ater )uality monitoring of surface and ground waters and effluent" and gas emissions&
$c% .ocumentation of approvals" determinations and other re)uirements by the .epartment&
$d% Signs:
$1% 'ach point of access from a public road shall be posted with an easily visible sigh
indicating the facility name and other pertinent information as re)uired by the
.epartment&
$2% #f the site is open to the public" there shall be an easily visible sign at the primary
entrance of the site indicating the name of the site operator" the operator-s telephone
number" and hours of operation& an easily visible sign at an appropriate point shall
indicate the schedule of changes and the general types of materials which will either be
accepted or not&
$D% #f the site is open to the public" there shall be an easily visible road sign and,or
traffic control measures which direct traffic to the active face and other areas where
wastes or recyclable materials will be deposited& and
$F% Additional signs and,or measures may be re)uired at a disposal site by the
.epartment to protect personnel and public health and safety&
$e% Monitoring of )uality of surface" ground and effluent waters" and gas emissions&
$f% The site shall be designed to discourage unauthorized access by persons and vehicles by
using a perimeter barrier or topographic constraints. Areas within the site where open storage"
or pounding of hazardous materials occurs shall be separately fenced or otherwise secured as
determined by the .epartment. The .epartment may also re)uire that other areas of the site
be fenced to create an appropriate level of security&
$g% 0oads within the permitted facility boundary shall be designed to minimize the generation
of dust and the tracking of material onto ad*acent public roads. Such roads shall be kept in
safe condition and maintained such that vehicle access and unloading can be conducted
during inclement weather&
$h% Sanitary facilities consisting of ade)uate number of toilets and handwashing facilities" shall
be available to personnel at or in the immediate vicinity of the site&
$i% Safe and ade)uate drinking water supply for the site personnel shall be available&
$*% The site shall have communication facilities available to site personnel to allow )uick
response to emergencies&
$k% 6here operations are conducted during hours of darkness" the site and,or e)uipment shall
be e)uipped with ade)uate lighting as approved by the .epartment to ensure safety and to
monitor the effectiveness of operations&
$l% 3perating and maintenance personnel shall wear and use appropriate safety e)uipment as
re)uired by the .epartment&
$m% (ersonnel assigned to operate the site shall be ade)uately trained in sub*ect pertinent to
the site operation and maintenance" hazardous materials recognition and screening" and
heavy e)uipment operations" with emphasis on safety" health" environmental controls and
emergency procedures. A record of such training shall be placed in the operating record&
$n% The site operator shall provide ade)uate supervision of a sufficient number of )ualified
personnel to ensure proper operation of the site in compliance with all applicable laws"
regulations" permit conditions and other re)uirements. The operator shall notify the
.epartment and local health agency in writing of the names" addresses" and telephone
number of the operator or responsible party. A copy of the written notification shall be placed in
the operation record&
$o% Any disposal site open to the public shall have an attendant present during public operating
hours or the site shall be inspected by the operator on a regularly scheduled basis" as
determined by the .epartment&
$p% >nloading of solid wastes shall be confined to a small area as possible to accommodate
the number of vehicles using the area without resulting in traffic" personnel" or public safety
hazards. 6aste materials shall normally be deposited at the toe of the fill" or as otherwise
approved by the .epartment&
$)% Solid waste shall be spread and compacted in layers with repeated passages of the landfill
e)uipment to minimize voids within the cell and ma+imize compaction. The loose layer shall
not e+ceed a depth appro+imately two feet before compaction. Spreading and compacting
shall be accomplished as rapidly as practicable" unless otherwise approved by the
.epartment&
$r% 4overed surfaces of the disposal area shall be graded to promote lateral runoff of
precipitation and to prevent pounding. =rades shall be established of sufficient slopes to
account for future settlement of the fill surface. 3ther effective maintenance methods may be
allowed by the .epartment& and
$s% 4over material or native material unsuitable for cover" stockpiled on the site for use or
removal" shall be placed so as not to cause problems or interfere with unloading" spreading"
compacting" access" safety drainage" or other operations.
Article 7
,oc/l 'overn5ent +oli: ;/ste )/n/ge5ent
+ection 43. "uidelines for $dentification of Common Solid 1aste &anagement Problems - !or
purposes of encouraging and facilitating the development of local government plans for solid waste
management" the 4ommission shall" as soon as practicable but not later than si+ $;% 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
<=>s and for the integration of such with the national plan& and
$d% possible lifespan of the disposal facilities.
+ection 44. stablishment of Common 1aste 0reatment and Disposal /acilities - (ursuant to Sec. DD
of 0.A.91;E" otherwise known as the <ocal =overnment 4ode" all provinces" cities" municipalities and
barangays" through appropriate ordinances" are hereby mandated to consolidate" or coordinate their
efforts" services" and resources for purposes of *ointly addressing common solid waste management
problems and,or establishing common waste disposal facilities.
The .epartment" the 4ommission and local solid waste management boards shall provide technical
and marketing assistance to the <=>s.
C*AP"ER %$
%NCEN"%$E+
+ection 46. $ncentives2 -
$a% 0ewards" monetary or otherwise" shall be provided to individuals" private organizations and
entitles" including non-government organizations" that have undertaken outstanding and
innovative pro*ects" technologies" processes and techni)ues or activities in re-use" recycling
and reduction. Said rewards shall be sourced from the !und herein created.
$b% An incentive scheme is hereby provided for the purpose of encouraging <=>s" enterprises"
or private entities" including /=3s" 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% !iscal #ncentives. - 4onsistent with the provisions of '.3. 22;" otherwise known as the 3mnibus
#nvestments 4ode" the following ta+ incentives shall be granted:
$a% Ta+ and .uty '+emption on #mported 4apital ')uipment and Iehicles - 6ithin ten $1E%
years upon effectively of this Act" <=>s" enterprises or private entities shall en*oy ta+ and duty
free importation of machinery" e)uipment" vehicles and spare parts used for collection"
transportation" segregation" recycling" re-use and composing of solid wastes: Provided" That
the importation of such machinery" e)uipment" vehicle and spare parts shall comply with the
following conditions:
$i% They are not manufactured domestically in sufficient )uantity" of comparable )uality
and at reasonable prices&
$ii% They are reasonably needed and will be used actually" directly and e+clusively for
the above mentioned activities&
$iii% The approval of the 5oard of #nvestment $53#% of the .T# for the importation of such
machinery" e)uipment" vehicle and spare parts.
Provided" further" That the sale" transfer or disposition of such machinery" e)uipment" vehicle
and spare parts" without prior approval of the $53#%" within five $G% years from the date of
ac)uisition shall be prohibited" otherwise" the <=> concerned" enterprise or private entities
and the vendee" transferee" or assignee shall be solidarily liable to pay twice the amount of ta+
and duty e+emption given it.
$b% Ta+ 4redit on .omestic ')uipment - 6ithin ten $1E% years from the effectivity of this Act" a
ta+ credit e)uivalent to GEH of the value of the national internal revenue ta+es and customs
duties that would have been waived on the machinery" e)uipment" vehicle and spare parts"
had these items been imported shall be given to enterprises" private entities" including /=3s"
sub*ect to the same conditions and prohibition cited in the preceding paragraph.
$c% Ta+ and .uty '+emption of .onations" <egacies and =ift - All legacies" gifts and donations
to <=>s" enterprises or private entities" including /=3s" for the support and maintenance of
the program for effective solid waste management shall be e+empt from all internal revenue
ta+es and customs duties" and shall be deductible in full from the gross income of the donor
for income ta+ purposes.
$2% /on-!iscal #ncentives. - <=>s" enterprises or private entities availing of ta+ incentives under this
Act shall also be entitled to applicable non-fiscal incentives provided for under '.3. 22;" otherwise
known as the 3mnibus #nvestments 4ode.
The 4ommission shall provide incentives to businesses and industries that are engaged in the
recycling of wastes and which are registered with the 4ommission and have been issued '44s in
accordance with the guidelines established by the 4ommission. Such incentives shall include
simplified procedures for the importation of e)uipment" spare parts" new materials" and supplies" and
for the e+port of processed products.
$D% !inancial Assistance (rogram. - =overnment financial institutions such as the .evelopment 5ank
of the (hilippines $.5(%" <andbank of the (hilippines $<5(%" =overnment Service #nsurance System
$=S#S%" and such other government institutions providing financial services shall" in accordance with
and to the e+tent allowed by the enabling provisions of their respective charters or applicable laws"
accord high priority to e+tend financial services to individuals" enterprises" or private entities engaged
in solid waste management.
$F% '+tension of =rants to <=>s. - (rovinces" cities and municipalities whose solid waste
management plans have been duly approved by the 4ommission or who have been commended by
the 4ommission 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.
$G% #ncentives to 7ost <=>s. - <ocal government units who host common waste management facilities
shall be entitled to incentives.
C*AP"ER $
(%NANC%N' +#,%& ;A+"E )ANA'E)EN"
+ection 48. Solid 1aste &anagement /und - There is hereby created" as a special account in the
/ational Treasury" a Solid 6aste Management !und to be administered by the 4ommission. Such
fund shall be sourced from the following:
$a% !ines and penalties imposed" proceeds of permits and licenses issued by the .epartment
under this Act" donations" endowments" grants and contributions from domestic and foreign
sources& and
$b% Amounts specifically appropriated for the !und under the annual =eneral Appropriations
Act&
The !und shall be used to finance the following:
$1% products" facilities" technologies and processes to enhance proper solid waste
management&
$2% awards and incentives&
$D% research programs&
$F% information" education" communication and monitoring activities&
$G% technical assistance& and
$;% capability building activities.
<=>s are entitled to avail of the !und on the basis of their approved solid waste management plan.
Specific criteria for the availment of the !und shall be prepared by the 4ommission.
The fines collected under Sec. FA shall be allocated to the <=> where the fined prohibited acts are
committed in order to finance the solid waste management of said <=>. Such allocation shall be
based on a sharing scheme between the !und and the <=> concerned.
#n no case" however" shall the !und be used for the creation of positions or payment of salaries and
wages.
+ection 47. Authority to Collect Solid 1aste &anagement /ees - The local government unit shall
impose fees in amounts sufficient to pay the costs of preparing" adopting" and implementing a solid
waste management plan prepared pursuant to this Act. The fees shall be based on the following
minimum factors:
$a% types of solid waste&
$b% amount,volume of waste& and
$c% distance of the transfer station to the waste management facility.
The fees shall be used to pay the actual costs incurred by the <=> in collecting the local fees. #n
determining the amounts of the fees" an <=> shall include only those costs directly related to the
adoption and implementation of the plan and the setting and collection of the local fees.
C*AP"ER $%
PENA, PR#$%+%#N+
+ection 48. Prohibited Acts - The following acts are prohibited:
$1% <ittering" 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% >ndertaking activities or operating" collecting or transporting e)uipment in violation of
sanitation operation and other re)uirements or permits set forth in established pursuant&
$D% The open burning of solid waste&
$F% 4ausing or permitting the collection of non-segregated or unsorted wastes&
$G% S)uatting in open dumps and landfills&
$;% 3pen dumping" burying of biodegradable or non-biodegradable materials in flood prone
areas&
$9% >nauthorized removal of recyclable material intended for collection by authorized persons&
$B% The mi+ing of source-separated recyclable material with other solid waste in any vehicle"
bo+" container or receptacle used in solid waste collection or disposal&
$A% 'stablishment or operation of open dumps as en*oined in this Act" or closure of said dumps
in violation of Sec. D9&
$1E% The manufacture" distribution or use of non-environmentally acceptable packaging
materials&
$11% #mportation of consumer products packaged in non-environmentally acceptable materials&
$12% #mportation of to+ic wastes misrepresented as recyclable or with recyclable content&
$1D% Transport and dumplog in bulk of collected domestic" industrial" commercial" and
institutional wastes in areas other than centers or facilities prescribe under this Act&
$1F% Site preparation" construction" e+pansion or operation of waste management facilities
without an 'nvironmental 4ompliance 4ertificate re)uired pursuant to (residential .ecree /o.
1GB; and this Act and not conforming with the land use plan of the <=>&
$1G% The construction of any establishment within two hundred $2EE% meters from open dumps
or controlled dumps" or sanitary landfill& and
$1;% The construction or operation of landfills or any waste disposal facility on any a)uifer"
groundwater reservoir" or watershed area and or any portions thereof.
+ection 49. /ines and Penalties -
$a% Any person who violates Sec. FB paragraph $1% shall" upon conviction" be punished with a
fine of not less than Three hundred pesos $(DEE.EE% but not more than 3ne thousand pesos
$(1"EEE.EE% or render community service for not less than one $1% day to not more than fifteen
$1G% days to an <=> where such prohibited acts are committed" or both&
$b% Any person who violates Sec. FB" pars. $2% and $D%" shall" upon conviction be punished with
a fine of not less than Three hundred pesos $(DEE.EE% but not more than 3ne thousand pesos
$(1"EEE.EE% or imprisonment of not less than one $1% day but to not more than fifteen $1G%
days" or both&
$c% Any person who violates Sec. FB" pars. $F%" $G%" $;% and $9% shall" upon conviction" be
punished with a fine of not less than 3ne thousand pesos $(1"EEE.EE% but not more than
Three thousand pesos $(D"EEE.EE% or imprisonment of not less than fifteen $1G% day but to not
more than si+ $;% months" or both&
$d% Any person who violates Sec. FB" pars $B%" $A%" $1E% and $11% for the first time shall" upon
conviction" pay a fine of !ive hundred thousand pesos $(GEE"EEE.EE% plus and amount not
less than five percent $GH% but not more than ten percent $1EH% 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 e+ceed
three $D% years at the discretion of the court" shall be imposed for second or subse)uent
violations of Sec. FB" pars. $A% and $1E%.
$e% Any person who violates Sec. FB" pars. $12% and $1D% shall" upon conviction" be punished
with a fine not less than Ten thousand pesos $(1E"EEE.EE% but not more than Two hundred
thousand pesos $(2EE"EEE.EE% or imprisonment of not less than thirty $DE% days but not more
than three $D% years" or both&
$f% Any person who violates Sec. FB" pars. $1F%" $1G% and $1;% shall" upon conviction" be
punished with a fine not less than 3ne hundred thousand pesos $(1EE"EEE.EE% but not more
than 3ne million pesos $(1"EEE"EEE.EE%" or imprisonment not less than one $1% year but not
more than si+ $;% years" or both.
#f the offense is committed by a corporation" partnership" or other *uridical identity duly recognized in
accordance with the law" the chief e+ecutive 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.
#f 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 $1EH% percent every three $D% years to
compensate for inflation and to maintain the deterrent functions of such fines.
+ection 69. Administrative Sanctions - <ocal 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 0.A. 91;E and other e+isting laws" rules
and regulations
C*AP"ER $%%
)%+CE,,ANE#-+ PR#$%+%#N+
+ection 6!. &andatory Public Hearings - Mandatory public hearings for national framework and local
government solid waste management plans shall be undertaken by the 4ommission and the
respective 5oards in accordance with process to be formulated in the implementing rules and
regulations.
+ection 62. Citi#ens Suits - !or the purposes of enforcing the provisions of this Act or its
implementing rules and regulations" any citizen may file an appropriate civil" criminal or administrative
action in the proper courts,bodies against:
$a% Any person who violates or fails to comply with the provisions of this Act its implementing
rules and regulations& or
$b% The .epartment or other implementing agencies with respect to orders" rules and
regulations issued inconsistent with this Act& and,or
$c% Any public officer who willfully or grossly neglects the performance of an act specifically
en*oined as a duty by this Act or its implementing rules and regulations& or abuses his authority
in the performance of his duty& or" in any many improperly performs his duties under this Act or
its implementing rules and regulations&Provided" ho%ever" That no suit can be filed until after
thirty-day $DE% notice has been given to the public officer and the alleged violator concerned
and no appropriate action has been taken thereon.
The 4ourt shall e+empt such action from the payment of filing fees and statements likewise"
upon prima facieshowing of the non-enforcement or violation complained of" e+empt the plaintiff from
the filing of an in*unction bond for the issuance of preliminary in*unction.
#n the event that the citizen should prevail" the 4ourt shall award reasonable attorney-s fees" moral
damages and litigation costs as appropriate.
+ection 63. Suits and Strategic 4egal Action Against Public Participation ,S4APP- and the
nforcement of this Act- 6here a suit is brought against a person who filed an action as provided in
Sec. G2 of this Act" or against any person" institution or government agency that implements this Act" it
shall be the duty of the investigating prosecutor or the 4ourt" as the case may be" to immediately
make a determination not e+ceeding thirty $DE% days whether said legal action has been filed to
harass" ve+" e+ert undue pressure or stifle such legal recourses of the person complaining of or
enforcing the provisions of this Act. >pon determination thereof" evidence warranting the same" the
4ourt shall dismiss the complaint and award the attorney-s fees and double damages.
This provision shall also apply and benefit public officers who are sued for acts committed in their
official capacity" there being no grave abuse of authority" and done in the course of enforcing this Act.
+ection 64. Research on Solid 1aste &anagement - The .epartment after consultations with the
cooperating agencies" shall encourage" cooperate with" and render financial and other assistance to
appropriate government agencies and private agencies" institutions and individuals in the conduct and
promotion researches" e+periments" and other studies on solid waste management" particularly those
relating to:
P
$a% adverse health effects of the release into the environment of materials present in solid
wastes" and methods to eliminate said effects&
$b% the operation and financing of solid waste disposal programs&
$c% the planning" implementing and operation of resource recovery and resource conservation
systems&
$d% the production of usable forms of recovered resources" including fuel from solid waste&
$e% the development and application of new and improved methods of collecting and disposing
of solid waste and processing and recovering materials and energy from solid waste&
$f% improvements in land disposal practices for solid waste $including sludge%& and
$g% development of new uses of recovered resources and identification of e+isting or potential
markets of recovered resources.
#n carrying out solid waste researches and studies" the Secretary of the .epartment or the authorized
representative may make grants or enter into contracts with government agencies" nongovernment
organizations and private persons.
+ection 66. Public ducation and $nformation - The 4ommission shall" in coordination with .'4S"
T'S.A" 47'." .#<= and (#A" conduct a continuing education and information campaign on solid
waste management" such education and information program shall:
$a% Aim to develop public awareness of the ill-effects of and the community based solutions to
the solid waste problem&
$b% 4oncentrate on activities which are feasible and which will have the greatest impact on the
solid waste problem of the country" like resource conservation and recovery" recycling"
segregation at source" re-use" reduction" and composing of solid waste& and
$c% 'ncourage the general public" accredited /=3s and people-s organizations to publicity
endorse and patronize environmentally acceptable products and packaging materials.
+ection 68. nvironmental ducation in the /ormal and 'onformal Sectors - The national
government" through the .'4S and in coordination with concerned government agencies" /=3s and
private institutions" shall strengthen the integration of environmental concerns in school curricula at all
levels" with particular emphasis on the theory and practice of waste management principles like waste
minimization" specifically resource conservation and recovery" segregation at source" reduction"
recycling" re-use"and composing" in order to promote environmental awareness and action among the
citizenry.
+ection 67. Business and $ndustry Role - The 4ommission shall encourage commercial and industrial
establishments" through appropriate incentives other than ta+ incentives to initiate" participate and
invest in integrated ecological solid waste management pro*ects to manufacture environment-friendly
products" to introduce develop and adopt innovative processes that shall recycle and re-use materials"
conserve raw materials and energy" reduce waste" and prevent pollution and to undertake community
activities to promote and propagate effective solid waste management practices.
+ection 68. Appropriations - !or the initial operating e+penses of the 4ommission and the /ational
'cology 4enter as well as the e+pensed of the local government units to carry out the mandate of this
Act" the amount of Twenty million pesos $(2E"EEE"EEE.EE% is hereby appropriated from the
3rganizational Ad*ustment !und on the year this Act is approved. Thereafter" it shall submit to the
.epartment of 5udget and Management its proposed budget for inclusion in the =eneral
Appropriations Act.
+ection 69. $mplementing Rules and Regulations ,$RR- - The .epartment" in coordination with the
4ommittees on 'nvironment and 'cology of the Senate and 7ouse of 0epresentative" respectively"
the representatives of the <eagues of (rovinces" 4ities" Municipalities and 5arangay 4ouncils" the
MM.A and other concerned agencies" shall promulgate the implementing rules and regulations of this
Act" within one $1% year after its enactment:Provided" That rules and regulations issued by other
government agencies and instrumentalities for the prevention and,or abatement of the solid waste
management problem not inconsistent with this Act shall supplement the rules and regulations issued
by the .epartment" pursuant to the provisions of this Act.
The draft of the #00 shall be published and be the sub*ect of public consultation with affected sectors.
#t shall be submitted to the 4ommittee on 'nvironment 'cology of the Senate and 7ouse of
0epresentatives" respectively" for review before approved by the Secretary.
+ection 89. 7oint Congressional (versight Committee - There is hereby created a Loint
4ongressional 3versight 4ommittee to monitor the implementation of the Act and to oversee the
functions of the 4ommission. The 4ommittee shall be composed of five $G% Senators and five $G%
0epresentatives to be appointed by the Senate (resident and Speaker of the 7ouse of
0epresentatives" respectively. The 3versight 4ommittee shall be co-chaired by a Senator and a
0epresentative designated by the Senate (resident and the Speaker of the 7ouse of
0epresentatives" respectively.
+ection 8!. Abolition of the Presidential 0as* /orce (n 1aste &anagement and the Pro8ect
&anagement (ffice on Solid 1aste &anagement - The (residential Task !orce on 6aste
Management which was created by virtue of Memorandum 4ircular /o. DA dated /ovember 2" 1AB9"
as amended by Memorandum 4ircular /o. DAA and BB is hereby abolished.
!urther" pursuant to Administrative 3rder /o. AE dated 3ctober 1A" 1AA2" the (ro*ect Management
3ffice on Solid 6aste Management is likewise hereby abolished. 4onse)uently their powers and
functions shall be absorbed by the 4ommission pursuant to the provisions of this Act.
+ection 82. 0ransitory Provision - (ending the establishment of the framework under Sec. 1G hereof"
plans under Sec. 1; and promulgation of the #00 under Sec. GA of this Act" e+isting laws" regulations"
programs and pro*ects on solid waste management shall
be enforced: Provided" That for specific undertaking" the same may be revised in the interim in
accordance with the intentions of this Act.
+ection 83. Report to Congress - The 4ommission shall report to 4ongress not later than March DE
of every year following the approval of this Act" giving a detailed account of its accomplishments and
progress on solid waste management during the year and make the necessary recommendations in
areas where there is need for legislative action.
+ection 84. Separability Clause - #f any provision of this Act or the application of such provision to any
person or circumstances is declared unconstitutional" the remainder of the Act or the application of
such provision to other persons or circumstances shall not be affected by such declaration.
+ection 86. Repealing Clause - All laws" decrees" issuances" rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
+ection 88. ffectivity - This Act shall take effect fifteen $1G% days after its publication in at least two
$2% newspapers of general circulation.
Approved: Lanuary 2;" 2EE1