Codals

1987 Constitution - Article II, Section 16

Section 16. 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.

Presidential Decree No. 1152 - Philippine Environment Code

PRESIDENTIAL DECREE NO. 1152, June 06, 1977

PHILIPPINE ENVIRONMENT CODE

WHEREAS, the broad spectrum of environment has become a matter of vital concern to the government;

WHEREAS, the natinal leadership has taken a step towards this direction by creating the National Environmental Protection Council under Presidential Decree No. 1121;

WHEREAS, it is necessary that the creation of the Council be implemented with the launching of a comprehensive program of environmental protection can assume tangible and meaningful significance only by establishing specific environment management policies and prescribing environment quality standards in a Philippine Environment Code;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree:

Section 1. Short Title. - This Decree shall be known and cited as the "Philippine Environment Code."

TITLE-AIR QUALITY MANAGEMENT

Section 2. Purposes. - The purposes of this Title are:

a) to achieve and maintain such levels of air quality as to protect public health; and

b) to prevent to the greatest extent practicable, injury and/or damage to plant and animal life and property, and promote the social and economic development of the country.

CHAPTER I-STANDARDS

Section 3. Ambient Air Quality Standards. - There shall be established ambient air quality standards which shall prescribe the maximum concentration of air pollutants permissible in the atmosphere consistennt with public health, safety and general welfare.

In the establishmennt of ambient air quality standards, factors such as local atmosphere conditions, location and land use, and available technology, shall be considered among others.

Section 4. National Emission Standards. - There shall be established natinal emission standards for new and existing stationary and mobile sources of pollution which shall consider among others such factors as type of industry, practicable control technology available, location and land use, and the nature of pollutants emitted.

Section 5. Community Noise Standards. - Appropriate standards for community noise levels shall be established considering, among others, locations, zoning and land use classification.

Section 6. Standards for Noise-Producing Equipment. - There shall be established a standard for noise producing equipment such as construction equipment, transportation equipment, stationary engines, and electrical or electronic equipment and such similar equipment or contrivances. The standard shall set a limit on the acceptable level of noise emitted from a given equipment for the protection of public health and welfare, considering among others, the magnitude and condition of use, the degree of noise reduction achievable through the application of best available technology and the cost of compliance.

The Installation of any noise-producing equipment shall conform with the requirements of Presidential Decree No. 1096 and other applicable laws as well as their implementing rules and regulations.

Section 7. Aircraft Emission and Sonic Booms. - Appropriate government agencies shall encourage research studies on the harmful effects of aircraft emissions in the environment in order to established permissible emission standards.

Research and studies shall also be undertaken to mitigate and/or minimize the effects of sonic booms in the environment.

CHAPTER II-REGULATION AND ENFORCEMENT

Section 8. Air Quality and Noise Standards. - The National Pollution Control Commission in coordination with apopropriate government agencies shall be responsible for the enforcement of ambient air quality emission and noise standards, including the monitoring and surveillance of air pollutants, licensing and permitting of air pollution control facilities, and the promulgation of appropriate rules and regulations.

Existing air quality emission and noise standards may be revised and or modified consistent with new development and technology.

Section 9. Aircraft Noise. -Community noise standards around airports shall be implemented by the Civil Aeronautics Administration in coordination with the National Pollution Control Commission.

Section 10. Vehicular Emissions. - The Land Transportation Commission, in coordination with the National Pollution Control Commission, shall implement emission standards for motor vehicles and may deputize other appropriate law enforcement agencies for the purpose.

Section 11. Radioactive Emissions. - The release and emission of radioactivity into the environment incident to the establishment or possession of nuclear energy facilities and radioactive materials, handling, transport, production, storage, use and disposal of radioactive materials shall be regulated by the Philippines Atomic Energy Commission in coordination with other appropriate government agencies.

CHAPTER III-MONITORING

Section 12. Air Quality Monitoring. - The National Pollution Control Commission, in coordination with appropriate government agencies, shall establish to the greatest extent practicable an air quality monitoring network. Such air quality monitoring network shall put to maximum use the capabilities of these agencies.

The National Environmental Protection Council shall be furnished with the results of air quality monitoring activities.

Section 13. Weather Modification. - The Philippine Atmospheric, Geophysical and Astronomical Services Administration shall monitor regularly meteorological factors affecting environmental conditions in order to effectively guide air pollution monitoring activities.

Activities relating to weather modification such as rainfall stimulation and storm seeding experiments shall be undertaken in consultation and/or in coordination with the Philippine Atmospheric, Geophysical and Astronomical Services Administration.

TITLE II-WATER QUALITY MANAGEMENT

Section 14. Purpose. - It is the purpose of this Title to prescribe management guidelines aimed to protect and improve the quality of Philippine water resources through:

a) classification of Philippine waters;

b) establishment of water quality standards;

c) protection and improvement of the quality of Philippine water resources, and

d) responsibilities for surveillance and mitigation of pollution incidents.

CHAPTER I-CLASSIFICATION STANDARDS

Section 15 Classification of Philippine Waters. - The National Pollution Control Commission, in coordination with ap[propriate government agencies, shall classify Philippine waters, according to their best usage. In classifying said waters, the National Pollution Control Commission shall take into account, among others, the following:

a) the existing quality of the body of water at the time of classification;

b) the size, depth, surface area covered, volume, direction, rate of flow, gradient of stream; and

c) the most benificialuses of said bodies of water and lands bordering them for residential, agricultural, commercial, industrial, navigational, recreational, and aesthetic purposes.

Section 16. Reclassification of Waters Based on Intended Beneficial Use. -Where the public interest so requires, the National Pollution Control Commission, in coordination with appropriate government agencies, shall reclassify a body of water based on the intended beneficial use and take such steps as may be necessary to upgrade the quality of said water. Other government agencies may adopt higher standards for a particular body of water, subject to the approval of the National Pollution Control Commission.

Section 17. Upgrading of Water Quality. -Where the quality of water has deteriorated to a degree where its state will adversely affect its best usage, the government agencies concerned shall take such measures as may be necessary to upgrade the quality of such water to meet the prescribed water quality standards.

Section 18. Water Quality Standards. - The National Pollution Control Commisssion shall prescribe quality and effluent standards consistent with the guidelines set by the National Environmental Protection Council and the classification of waters prescribed in the preceding sections, taking into consideration, among others, the following:

a) the standard of water quality or purity may vary according to beneficial uses; and

b) the technology relating to water pollution control.

CHAPTER II-PROTECTION AND IMPROVEMENT OF WATER QUALITY

Section 19. Enforcememt and Coordination. - The production, utilization, storage and distribution of hazardous, toxic and other substances such as radioactive materials, heavy metals, pesticides, fertilizers, and oils, and the disposal, discharge and dumping of untreated wastewater, mine tailings and other substances that may pollute any body of water of the Philippine resulting from normal operations of industries, water-borne sources, and other human activities as well as those resulting from accidental spills and discharges shall be regulated by appropriate government agencies pursuant to their respective charters and enabling legislations. In the performance of the above functions, the government agencies concerned shall coordinate with the National Environmental Protection Council and furnished the latter with such information as may be necessary to enable it to attain its objectives under Presidential Decree No. 1121.

Section 20. Clean-up Operations. - It shall be the responsibility of the polluter to contain, remove and clean up water pollution incidents at his own expense. In case of his failure to do so, the government agencies concerned shall undertake containment, removal and clean-up operations and expenses incurred in said operations shall be charged against the persons and/or entities responsible for such pollution.

Section 21. Water Quality Monitoring and Surveillance. - The various government agencies concerned with environmental protection shall establish to the greatest extent practicable a water quality surveillance and monitoring network with sufficient stations and sampling schedules to meet the needs of the country. Said water quality surveillance network shall put to maximum use the capabilities of such government agencies. Each agency involved in such network shall report to the National Environmental Protection Council the results of these monitoring activities as the need arises.

TITLE III-LAND USE MANAGEMENT

Section 22. Purpose. - The purpose of this Title are:

a) to provide a rational, orderly and efficiennt acquisition, utilization and disposition of land and its resources in order to derive therefrom maximum benefits; and

b) to encourage the prudent use and conservation of land resources in order to prevent an imbalance between the nation's needs and such resources.

Section 23. Natinal Land Use Scheme. - The Human Settlements Commission, in coordination with the appropriate agencies of the government, shall formulate and recommend to the National Envirnmental Protection Council a land use scheme consistent with the purpose of this Title.

The Land Use Scheme shall include among others, the following:

a) a science-based and technology-oriented land inventory and classification system;

b) a determination of present land uses, the extent to which they are utilized, underutilized, rendered idle or abandoned

c) a comprehensive and accurate determination of the adaptability of the land for community development, agriculture, industry, commerce and other fields of endeavor;

d) a method of identification of areas where uncontrolled development could result in irreparable damage to important historic, cultural, or aesthetic values, or natural systems or processes of national significance;

e) a method for exercising control by the appropriate government agencies over the use of land in areas of critical environmental concern and areas impacted by public facilities including, but not limited to, airports, highways, bridges, ports and wharves, buildings and other infrastructure projects;

f) a method to ensure the consideration of regional development and land use in local regulations;

g) a policy for influencing the location of new communities and methods for assuring appropriate controls over the use of land around new communities;

h) a system of controls and regulations pertaining to areas and development activities designed to ensure that any source of pollution will not be located where it would result in a violation of any applicable environmental pollution control regulations; and

i) a recommended method for the periodic revisions and updating of the national land use scheme to meet changing conditions.

Section 24. Location of Industries. -In the location of industries, factories, plants, depots and similar industrial establishment, the regulating or enforcing agencies of the government shall take into consideration the social, economic, geographic and significant environmental impact of said establishments.

TITLE IV.-NATURAL RESOURCES MANAGEMENT AND CONSERVATION

Section 25. Purposes. - The purposes of this Title are:

a) to provide the basic policy on the management and conservation of the country's natural resources to obtain the optimum benefits therefrom and to preserve the same for future generations; and

b) to provide general measures through which the aforesaid policy may be carried out effectively.

CHAPTER I-FISHERIES AND AQUATIC RESOURCES

Section 26. Management Policy. - The National government, through the Department of National Resources, shall establish a system of rational exploitation of fisheries and aquatic resources within the Philippine teritory and shall encourage citizen participation therein to maintain and/or enhance the optimum and continous productivity of the same.

Section 27. Measures for National Exploitation. -Measures for the rational exploitation of fisheries and other aquatic resources may include, but shall not be limited to, the following:

a) undertaking manpower and expertise development;

b) acquiring the necessary facilities and equipments;

c) regulating the marketing of threatened species of fish or other aquatic resources;

d) reviewing all existing rules and regulations on the exploitation of fisheries and aquatic resources with the view of formulating guidelines for the systematic and effective enforcement thereof; and

e) conserving the vanishing species of fish and aquatic resources such as turtles, sea snakes, crocodiles, corals, as well as maintaining the mangrove areas, marshes and inland waters, coral reef-areas and islands serving as sanctuaries for fish and other aquatic life.

Section 28. Management Policy. - The national government, through the Department of Natural Resources, shall establish a system of rational exploitation and conservation of wildlife resources and shall encourage citizen participation in the maintenance and/or enhancement of their continous productivity.

Section 29. Measures for Rational Exploitation. -Measures for rational exploitation of wildlife resources may include, but shall not be limited to, the following:

a) regulating the marketing of threatened wildlife resources.

b) reviewing all existing rules and regulations on the exploitation of wildlife resources with a view of formulating guidelines for the systematic and effective enforcement thereof; and

c) conmserving the threatened species of fauna, increasing their rate of reproduction, maintaining their original habitat, manipulation, determining bag/creel limits, population control in relation to the carrying capacity of any given area banning of indiscriminate and/or destructive means catching or hunting them.

CHAPTER II-FORESTRY AND SOIL CONSERVATION

Section 30. Management Policy for Forestry. - The national government, through the Department of Natural Resources, shall undertake a system of rational exploitation of forest resources and shall encourage citizen participation therein to keep the country's forest resources at amaximum productivity at all time.

Section 31. Measures for Rational Exploitation of Forest Resources. -Measures for the rational exploitation of forest resources may include, but shall not be limited to the following:

a) regulating the marketing of threatened forest resources;

b) reviewing all existing rules and regulations on the exploitation of forest resources with a view of formulating guidelines for the systematic and efficient enforcement thereof

c) conserving threatened species of flora as well as increasing their rate of propagations; the banning of destructive modes of exploitation, kaingin making or shifting cultivations, indiscriminate harvesting of minor forest products the recycling methods of waste materials, and

d) carrying out a continuing effect on reforestation; timber stand improvement; forest protection; and classifications; forest occupancy management; agri-silviculture; range management; agri-silvicultural/kaingin management; industrial tree plantation; parks and wildlife management; multiple use forest; timber management and forest research.

Section 32. Use of Fertilizers and Pesticides. -the use of fertilizers and pesticides in agriculture shall be regulated prescribing therefor a tolerance level in their use. Their use shall be monitored by appropriate government agencies to provide empirical data for effective regulation.

Section 33. Management Policy on Soil Conservation. - The national government, through the Department of Natural Resources and the Department of Agriculture, shall likewise undertake a soil conservation program including therein the identification and protection of critical watershed areas, encouragement of scientific farming techniques, physical and biological means of soil conservation, and short-term and long-term researches and technology for effective soil conservation.

CHAPTER IV-FLOOD CONTROL AND NATURAL CALAMITIES

Section 34. Measures in Flood Control Program. -In addition to the pertinent provisions of existing laws, the following shall be included in a soil erosion, sediment and flood control program:

a) the control of soil erosion on the banks of rivers, the shores of lakes, and the shores;

b) the control of flow and flooding in and from rivers and lakes

c) the conservation of water which, for purposes of this Section shall mean forms of water, but shall not include captive water;

d) the needs of fisheries and wildlife and all other recreational uses of natural water;

e) measures to control the damming, diversion, taking, and use of natural water, so far as any such act may affect the quality and availability of natural water for other purposes; and

f) measures to stimulate research in matters relating to natural water and soil conservation and the application of knowledge thereby acquired.

Section 35. Measures to Mitigate Destructive Effects of Calamities. - The national government, through the Philippine Atmospheric, Geophysical and Astronomical Services Administration, shall promote intensified and concerted research efforts on weather modification, typhoon, earthquake, tsunami, storm surge, and other tropical natural phenomena in order to bring about any significant effect to mitigate or prevent their destructive effects.

CHAPTER V-ENERGY DEVELOPMENT

Section 36. Policy. -Consistent with the environmental protection policies, the national government, through the Energy Development Board, shall undertake an energy development program encouraging therein the utilization of invariant sources such as solar, wind and tidal energy.

Section 37. Measures for Energy Development. -Measures for energy development program may include, but shall not be limited to, the following:

a) setting up to pilot plants utilizing invariant sources of energy;

b) training of technical personnel for purposes of energy development; and

c) conducting researches aimed at developing technology for energy development.

Section 38. Safety Measures on Energy Development. -Rules and regulations shall be promulgated to prevent or mitigate the adverse effects of energy development on the environment. For this purpose, all nuclear powered plants exploring and utilizing geothermal energy, whether owned or controlled by private or government entities shall:

a) observe internationally accepted standards of safety; and

b) provide safety devices to ensure the health and welfare of their personnel as well as the surrounding community.

CHAPTER VI-CONSERVATION AND UTILIZATION OF SURFACE AND GROUND WATERS

Section 39. Management Policy. -In addition to existing laws, the national government through the National Water Resources Council in coordination with other appropriate government agencies, shall prescribe measures for the conservation and improvement of the quality of Philippine water resources and provide for the prevention, control and abatement of water pollution.

CHAPTER VII-MINERAL RESOURCES

Section 40. Management Policy. - The national government, through the Department of Natural Resources, shall undertake a system of gainful exploitation and rational and efficient utilization of mineral resources and shall encourage citizen participation in this endeavor.

Section 41. Measures for Exploitation and Utilization of Mineral Resources. -Measures for the gainful exploitation and rational and efficient utilization of such mineral resources may include, but shall not be limited to, the following:

a) increasing research and development in mineral resources technology;

b) training of additional technical manpower needed in geology, geophysics, mining engineering, and related fields;

c) regulating the exploitation of identified mineral reserves;

d) accelerating the exploration of undiscovered mineral deposits; and

e) encouraging the establishment of processing plants for refined metals.

Section 42. Purposes. - The purposes of this Title are:

a) to set guidelines for waste management with a view to ensuring its effectiveness;

b) to encourage, promote and stimulate technological, educational, economic and social efforts to prevent environmental damage and unnecessary loss of valuable resources of the nation through recovery, recycling and re-use of waste and waste products; and

c) to provide measures to guide and encourage appropriate government agencies in establishing sound, efficient, comprehensive and effective waste management.

CHAPTER I-ENFORCEMENT AND GUIDELINES

Section 43. Waste Management Programs. -Preparation and implementation of waste management programs shall be required of all provinces, cities and municipalities. The Department of Local Government and community Development shall promulgate guidelines for the formulation and establishment of waste management programs.

Every waste management program shall include the following:

a) an orderly system of operation consistent with the needs of the area concerned;

b) a provision that the operation will not create pollution of any kind or will constitute public nuisance;

c) a system for a safe and sanitary disposal of waste;

d) a provision that existing plans affecting the development, use and protection of air, water or natural resources shall be considered;

e) schedules and methods of implementing the development, construction and operation of the plan together with the estimated costs; and

f) a provision for the periodic revision of the program to ensure its effective implementation.

Section 44. Responsibility of Local Governments. -Each province, city or municipality shall provide measures to facilitate the collection, transportation, processing and disposal of waste within its jurisdiction in coordination with other government agencies concerned. For this purpose, the national government shall provide the necessary subsidy, to local governments upon request made through the National Environmental Protection Council and subject to such terms and conditions as the latter may provide.

CHAPTER II-METHODS OF SOLID WASTE DISPOSAL

Section 45. Solid Waste Disposal. -Solid waste disposal shall be by sanitary landfill, incineration, composting, and other methods as may be approved by competent government authority.

Section 46. Sanitary Landfills. -Local governments, including private individuals, corporations or organizations may operate one or more sanitary landfills. Any entity proposing to operate a sanitary landfill shall submit to the appropriate government agency an operational work plan showing, among other things, a map of the proposed work location, disposal areas for rubbish, garbage, refuse and other waste matter; and the equipment or machinery needed to accomplish its operations. In no case shall landfill or work locations under this Section be locaterd along any shore or coastline, or along the banks of rivers and streams, lakes, throughout their entire length, in violation of any existing rules and regulations,

Section 47. Incineration and Composting Plants. - The installation and establishment of incineration or composting plants or the alteration/modification of any part thereof shall be regulated by the local governments concerned in coordination with the National Pollution Control Commission.

Section 48. Disposal Sites. - The location of solid waste disposal sites shall conform with existing zoning; land use standards, and pollution control regulations.

Section 49. Dumping into the Sea and other Navigable Waters. - The dumping or disposal of solid wastes into the sea and any body of water in the Philippines, including shorelines and river banks, where these wastes are likely to be washed into the water is prohibited. However, dumping of solid wastes or other materials into the sea or any navigable waters shall be permitted in case of immediate or imminent danger to life and property. Subject to the rules and regulations of the Philippine Coast Guard and the National Pollution Control Commission.

Government agencies and private entities which are undertaking solid waste management programs shall make consultations with the government agencies concerned with respect to the effects of such dumping of the marine environment and navigation.

CHAPTER III-METHODS OF LIQUID WASTE DISPOSAL

Section 50. Liquid waste Disposal. -Wastewater from manufacturing plants, industries, community, or domestic sources shall be treated either physically, biologically or chemically prior to disposal in accordance with the rules and regulations promulgated by proper government authority.

Section 51. Applicibility of Section 8. - The provisions of Section 8 hereof shall likewise apply to the dumping or disposal of liquid waste into the sea and other bodies of water.

TITLE VI-MISCELLANEOUS PROVISIONS

Section 52. Population-Environment Balance. -In the assessment of development projects, the National Environmental Protection Council, hereinafter referred to in this Title as the "Council" shall take into consideration their effect on population with a view to achieving a rational and orderly balance between man and his environment.

Section 53. Environmental Education. - The Department of Education and Culture shall integrate subjects on environmental education in its school curricula at all levels. It shall also endeavor to conduct special community education emphasizing the relationship of man and nature as well as environmental sanitation and practices.

The Council and other government agencies implementing environmental protection laws in coordination with public information agencies of the government shall undertake public information activities for the purpose of stimulating awareness and encouraging involvement in environmental protection.

Section 54. Environmental Research. - The Council shall undertake and/or promote continuing studies and research programs on environmental management and shall, from time to time, determine priority areas of environmental research.

Section 55. Monitoring and Dissemination of Environmental Information of Foreign Origin. - The Council shall itself informed of current environmentalk developments by obtaining information and literature from foreign sources through the Department of Foreign Affairs, government agencies and other entities, both domestic and foreign. Such information and literature shall be given the widest dissemination possible.

Section 56. Incentives. -To operate the installation and the utilization of pollution control facilities, the following incentives are hereby granted:

a) exemption to the extent of fifty (50) per cent of tariff duties and compensating tax for the importation of pollution control equipment, devices, spare parts and accessories for a period of five (5) years from the effectivity of this Decree subject to the conditions that will be imposed by the Council.

b) a tax credit equivalent to fifty (50) per cent of the value of the compensating tax and tariff duties that would have been paid on the pollution control equipment, devices, spare parts and accessories had these times been imported shall, within a period of seven (7) years from the effectivity of this Decree be given to the person or firm who or which purchase them from a domestic manufacturer, and another tax credit equivalent to twenty-five (25) per cent thereof shall be given to the said manufacturer subject to such conditions as may be imposed by the Council; and

c) deductions equivalent to fifty (50) per cent of the expenses actually incurred on research projects undertaken to develop technologies for the manufacture of pollution control equipment which have been proven effective and commercially reproducible, from the taxable income of the person or firm actually undertaking such projects subject to the conditions that may be imposed by the Council. The pollution control equipment, devices, spare parts and accessories acquired under this Section shall not be sold, transferred or disposed of within five (5) years from the date of ax=cquisition without the prior approval of the Council otherwise the importer or purchaser shall pay twice the amount of the tax exemption or tax credit granted.

Section 57. Financial Assistance/Grant. -Financial assistance/grant for the study, design and construction of environmental protection facilities especially for waste disposal in favort of cities, municipalities, small-and medium-scale industries may be granted on a case to case basis subject to such conditions as may be imposed by the Council.

Section 58. Participants of Local Government Units and Private Individuals. - It shall be the responsibility of local government units as well as private individuals to actively participate in the environment management and protection programs of the government.

Section 59. Preservation of Historic and Cultural Resources and Heritage. - It shall be the duty of every person to help preserve the historic and cultural resources of the country such as sites, structures, artifacts, documents, objects, memorials and priceless trees.

Section 60. Government Offices performing Environmental Protection Functions. -Government agencies vested by law to exercise environmental management powers, shall continue to function as such within their respective jurisdictions. The Council may, however, in the exercise of its powers and functions under Presidential Decree No. 1121, inquire into any action or issue of environmental significance.

Section 61. Public Hearings. - The Council may, when ever it deems necessary, conduct public hearings on issues of environmental significance.

Section 62. Definition of Terms. - As used in this Code:

a) "Ambient Air Quality" means the average atmospheric purity as distinguished from discharge measurements taken at the source of pollution. It is the general amount of pollution present in a broad area.

b) "Emission" means the act of passing into the atmosphere an air contaminant, pollutant, gas stream and unweanted sound from a known source.

c) "Water Quality" means the characteristics of water which define its use in terms of physical, chemical and biological contents; hence the quality of water for domestic use is different from industrial use.

d) "Water Quality Surveillance" means a close and continous supervision of the water quality to detect developments, movements on changes in the characteristics of the water.

e) "Water Quality Standard" means a plan that is established by governmental authority as a program for water pollutionm prevention and abatement. Such a standard may include water use classification and the criteria to support the uses of the water.

f) "Effluent Standards" means restriction established to limit levels of concentration of physical, chemical and biological constituents which are discharged from point sources.

g) "Clean-up Operations" refers to activities conducted in removing the pollutants discharged or spilled in water to restore it to pre-spill condition.

h) "Accidental Spills" refers to spills of oil or other hazardous substances in water that result from accidents involving the carriers of such substance such as collisions and grounding.

i) "Areas of Critical Environmental Concern" are areas where uncontrolled development could result in irreparable damage to important historic, cultural, or aesthetic values or natural systems or processes of national significance.

j) "Hazardous Substances" means elements or compounds which when discharged in any quantity present imminent or substantial danger to public health and welfare.

k) "Areas Impacted by Public Facilities" refers to areas where the intoduction of public facilities may tend to induce development and urbanization of more than local significance or impact.

l) "Environmental Impact" is the alteration, to any degree, of environmental conditions or the creation of a new set of environmental conditions, adverse or benificial, to be induced or caused by a proposed project.

m) "Government Agencies" refers to national, local and regional agencies and instrumentalities including government-owned and controlled corporations.

TITLE VII-FINAL PROVISIONS

Section 63. Separability of Provisions. -If any provision of this Code, or the application of such provisions to any person or circumstance, is declared unconstitutional, the remainder of the Code or the application of such provision to other persons or circumstances shall not be affected by such declaration.

Section 64. Effectivity. - This Code shall take effect upon its approval. Done in the City of Manila, this 6th day of June in the year of our Lord, nineteen hundred and seventy-seven.

(Sgd.) FERDINAND E. MARCOS President of the Philippines By the President: (Sgd.) JUAN C. TUVERA Presidential Assistant

Republic Act No. 8749 - Philippine Clean Air Act of 1999

REPUBLIC ACT NO. 8749, June 23, 1999

AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

CHAPTER I

GENERAL PROVISIONS

ARTICLE ONE

BASIC AIR QUALITY POLICIES

Section 1. Short Title. - This Act shall be known as the "Philippine Clean Air Act of 1999."

Section 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." Finally, the State recognizes that a clean and healthy environment is for the good of all and should therefore be the concern of all.

Section 3. Declaration of Policies. - The State shall pursue a policy of balancing development and environmental protection. To achieve this end, the framework for sustainable development shall be pursued. It shall be the policy of the State to: Formulate 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;

Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments;

Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution;

Promote public information and education and to encourage the participation of an informed and active public in air quality planning and monitoring; and Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, 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.

Section 4. Recognition of Rights. - Pursuant to the above-declared principles, the following rights of citizens are hereby sought to be recognized and the State shall seek to guarantee their enjoyment: The right to breathe clean air;

The right to utilize and enjoy all natural resources according to the principle of sustainable development; The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the decision-making process;

The right to participate in the decision-making process concerning development policies, plans and programs, projects or activities that may have adverse impact on the environment and public health;

The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project 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;

The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act; The right to bring action in court or quasi-judicial bodies to enjoin 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 The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity.

ARTICLE TWO

DEFINITION OF TERMS

Section 5. Definitions. - As used in this Act: "Air pollutant" means any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, 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;

"Air pollution" means any alteration of the physical, chemical and biological properties of the atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to render the air resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes;

"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 objectives for the protection of health and/or public welfare. These values shall be used for air quality management purposes such as determining time trends, evaluating stages of deterioration or enhancement of the air quality, and in general, used as basis for taking positive action in preventing, controlling, or abating air pollution;

"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;

"Certificate of Conformity" means a certificate issued by the Department of Environment and Natural Resources to a vehicle manufacturer/assembler or importer certifying that a particular new vehicle or vehicle type meets the requirements provided under this Act and its rules and regulations;

"Department" means the Department of Environment and Natural Resources; "Eco-profile" means the geographic-based instrument for planners and decision-makers which present an evaluation of the environmental quality and carrying capacity of an area. It 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 Department to anticipate the type of development control necessary in the planning area;

"Emission" means any air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the atmosphere;

"Greenhouse gases" mean those gases that can potentially or can reasonably be expected to induce global warming, which include carbon dioxide, methane, oxides of nitrogen, chlorofluorocarbons, and the like;

"Hazardous substances" mean those substances which present either: (1) short-term acute hazards such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire explosion; or (2) long-term toxicity upon repeated exposure, carcinogenicity (which in some cases result in acute exposure but with a long latent period), resistance to detoxification process such as biodegradation, the potential to pollute underground or surface waters;

"Infectious waste" means that portion of medical waste that could transmit an infectious disease; "Medical waste" means the materials generated as a result of patient diagnosis, treatment, or immunization of human beings or animals;

"Mobile 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 or goods;

"Motor 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;

"Municipal waste" means the waste materials generated from communities within a specific locality; "New vehicle" means a vehicle constructed entirely from new parts that has never been sold or registered with the DOTC or with the appropriate agency or authority, and operated on the highways of the Philippines, any foreign state or country;

"Octane Rating or the Anti-Knock Index (AKI)" 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 Research Octane Number (RON), plus the Motor Octane Number (MON); the octane requirement, 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;

"Ozone Depleting Substances (ODS)" mean those substances that significantly deplete or otherwise modify the ozone layer in a manner that is likely to result in adverse effects on human health and the environment such as, but not limited to, chlorofluorocarbons, halons, and the like;

"Persistent Organic Pollutants (POPs)" mean 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 dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphere and chlordane;

"Poisonous and toxic fumes" means any emissions and fumes which are beyond internationally-accepted standards, including but not limited to World Health Organization (WHO) guideline values;

"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 Department;

"Pollution control technology" means the pollution control devices, production processes, fuel combustion processes or other means that effectively prevent or reduce emissions or effluent;

"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 quality health and environmental impact and energy requirement which the Department determines, and adequately demonstrates; and "Stationary source" means any building or immobile structure, facility or installation which emits or may emit any air pollutant.

CHAPTER2

AIR QUALITY MANAGEMENT SYSTEM

ARTICLE ONE GENERAL PROVISIONS

Section 6. Air Quality Monitoring and Information Network. - The Department shall prepare an annual National Air Quality Status Report which shall be used as the basis in formulating the Integrated Air Quality Improvement Framework, as provided for in Section 7. The said report shall include, but shall not be limited to the following: Extent of pollution in the country, per type of pollutant and per type of source, based on reports of the Department's monitoring stations; Analysis and evaluation of the current state, trends and projections of air pollution at the various levels provided herein;

Identification of critical areas, activities, or projects which will need closer monitoring or regulation; Recommendations for necessary executive and legislative action; and Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air quality performance rating of industries in the country.

The Department, in cooperation with the National Statistical Coordination Board (NSCB), shall design and develop an information network for data storage, retrieval and exchange.

The Department shall serve as the central depository of all data and information related to air quality.

Section 7. Integrated Air Quality Improvement Framework. - The Department shall, within six (6) months after the effectivity of this Act, establish, with the participation of LGUs, NGOs, POs, the academe and other concerned entities from the private sector, formulate and implement the Integrated Air Quality Improvement Framework 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 be undertaken within a specified time period, including cost-effective use of economic incentives, management strategies, collective action, and environmental education and information.

The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint with which all government agencies must comply with to attain and maintain ambient air quality standards.

Section 8. Air Quality Control Action Plan. - Within six (6) months after the formulation of the framework, the Department shall, with public participation, formulate and implement an air quality control action plan consistent with Section 7 of this Act. The action plan shall: Include enforceable emission limitations and other control measures, means or techniques, as well as schedules and time tables for compliance, as may be necessary or appropriate to meet the applicable requirements of this Act;

Provide for the establishment and operation of appropriate devices, methods, systems and procedures necessary to monitor, compile and analyze data on ambient air quality;

Include 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 quality standards are achieved;

Contain adequate 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 Department of any such ambient air quality standard required to be included in the implementation plan to prevent significant deterioration of air quality or to protect visibility;

Include 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;

Designate airsheds; and 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.

In 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.

Likewise, the LGUs, with the assistance from the Department, shall prepare and develop an action plan consistent with the Integrated Air Quality Improvement Framework to attain and maintain the ambient air quality standards within their respective airsheds as provided in Section 9 hereof.

The local government units shall develop and submit to the Department a procedure for carrying out the action plan for their jurisdiction. The Department, however, shall maintain its authority to independently inspect the enforcement procedure adopted. The Department shall have the power to closely supervise all or parts of the air quality action plan until such time the local government unit concerned can assume the function to enforce the standards set by the Department.

A multi-sectoral monitoring team with broad public representation shall be convened by the Department for each LGU to conduct periodic inspections of air pollution sources to assess compliance with the emission limitations contained in their permits.

Section 9. Airsheds. - Pursuant to Section 8 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.

For a more effective air quality 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 Governing Board is hereby created, hereinafter referred to as the Board.

The Board shall be headed by the Secretary of the Department of Environment and Natural Resources as chairman. The members shall be as follows: Provincial Governors from areas belonging to the airshed;

City/Municipal Mayors from areas belonging to the airshed; A representative from each concerned government agency; Representatives from people's organizations;

Representatives from nongovernment organizations; and Representatives from the private sector. The Board shall perform the following functions: Formulation of policies;

Preparation of a common action plan; Coordination of functions among its members; and Submission and publication of an annual Air Quality Status Report for each airshed.

Upon consultation with appropriate local government authorities, the Department shall, from time to time, revise the designation of airsheds utilizing eco-profiling techniques and undertaking scientific studies.

Emissions trading may be allowed among pollution sources within an airshed.

Section 10. Management of Nonattainment Areas. - The Department shall designate areas where specific pollutants have already exceeded ambient standards as nonattainment areas. The Department shall prepare and implement a program that will prohibit new sources of exceeded air pollutant without a corresponding reduction in existing sources.

In coordination with other appropriate government agencies, the LGUs shall prepare and implement a program and other measures including relocation, whenever necessary, to protect the health and welfare of residents in the area.

For those designated as nonattainment areas, the Department, after consultation with local government authorities, nongovernment organizations (NGOs), people's organizations (POs) and concerned sectors may revise the designation of such areas and expand its coverage to cover larger areas depending on the condition of the areas.

Section 11. Air Quality Control Techniques. - Simultaneous with the issuance of the guideline values and standards, the Department, through the research and development program contained in this Act and upon consultation with the appropriate advisory committees, government agencies and LGUs, shall issue, and from time to time, revise information on air pollution control techniques. Such information shall include: Best available technology and alternative methods of prevention, management and control of air pollution;

Best available technology economically achievable which shall refer to the technological basis/standards for emission limits applicable to existing, direct industrial emitters of non-conventional and toxic pollutants; and Alternative fuels, processes and operating methods which will result in the elimination or significant reduction of emissions.

Such information may also include data relating to the cost of installation and operation, energy requirements, emission reduction benefits, and environmental impact or the emission control technology.

The issuance of air quality guideline values, standards and information on air quality control techniques shall be made available to the general public: Provided, That the issuance of information on air quality control techniques shall not be construed as requiring the purchase of certain pollution control devices by the public.

Section 12. Ambient Air Quality Guideline Values and Standards. - The Department, 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 public health and safety, and general welfare. The initial list and values of the hazardous air pollutants shall be as follows: (a) For National Ambient Air Quality Guideline for Criteria Pollutants: Short Term a Long Term b Pollutants ug/Ncm ppm Averaging Time ug/Ncm ppm Averaging Time Suspended Particulate Matter c

- TSP

230d 24 hours 90 1 year e

- PM-10

150f 24 hours 60 1 year e Sulfur Dioxidec 180 0.07 24 hours 80 0.03 1 year Nitrogen Dioxide 150 0.08 24 hours -- Photochemical Oxidants 140 0.07 1 hour -.

-. -. As Ozone 60 0.03 8 hours -- -- -- Carbon Monoxide 35 mg/Ncm 30 1 hour -- -- -- 10 mg/Ncm 9 8 hours -- -- -- Lead g 1.5 3 months g 1.0 -- 1 year a Maximum limits represented by ninety-eight percentile (98%) values not to exceed more than once a year.

b Arithmetic mean c SO2 and Suspended Particulate matter are sampled once every six days when using the manual methods. A minimum of twelve sampling days per quarter or forty-eight sampling days each year is required for these methods. Daily sampling may be done in the future once continuous analyses are procured and become available.

d Limits for Total Suspended Particulate Matter with mass median diameter less that 25-50 um. e Annual Geometric Mean f Provisional limits for Suspended Particulate Matter with mass median diameter less than 10 microns and below until sufficient monitoring data are gathered to base a proper guideline.

g Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three moving calendar months. The monitored average value for any three months shall not exceed the guideline value.

(b) For National Ambient Air Quality Standards for Source Specific Air Pollutants from Industrial Sources/Operations: Pollutants1 Concentration2 Averaging time Methods of Analysis/ Measurement ug/Ncm ppm (min) 1. Ammonia 200 0.28 30 Nesslerization/Indo Phenol 2.Carbon Disulfide 30 0.01 30 Tisher Method 3. Chlorine and Chlorine compounds expressed as Cl 2 100 0.03 5 Methyl Orange 4. Formaldehyde 50 0.04 30 Chromotropic acid Method or MBTH Colorimetic Method 5.Hydrogen Chloride 200 0.13 30 Volhard Titration with Iodine Solution 6. Hydrogen Sulfide;

100 0.07 30 Methylene Blue 7. Lead 20 30 AAS c 8. Nitrogen Dioxide 375 0.20 30 Greiss-Saltzman 260 0.14 60 9. Phenol 100 0.03 30 4-Aminoustiphyline 10. Sulfur Dioxide 470 340 0.18 0.13 30 60 Colorometric-Pararosaniline 11.Suspended Particulate Matter -TSP 300 -- 30 Garvimetric

--PM10

200 -- 60 -do- Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations may be considered as guides in determining compliance.

Ninety-eight percentile (98%) values of 30-minute sampling measured at 25C and one atmosphere pressure. Other equivalent methods approved by the department may be used.

The basis in setting up the ambient air quality guideline values and standards shall reflect, among others, the latest scientific knowledge including information on: Variable factors, 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: The other types of air pollutants which may interact with such pollutant to produce an adverse effect on public health or welfare; and The kind and extent of all identifiable effects on public health or welfare which may be expected from the presence of such pollutant in the ambient air, in varying quantities.

The Department shall base such ambient air quality standards on World Health Organization (WHO) standards, but shall not be limited to nor be less stringent than such standards.

Section 13. Emission Charge System. - The Department, in case of industrial dischargers, and the Department of Transportation and Communications (DOTC), in case of motor vehicle dischargers, shall, based on environmental techniques, 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 toxicity of any emitted pollutant. Industries, which shall install pollution control devices or retrofit their existing facilities with mechanisms that reduce pollution shall be entitled to tax incentives such as but not limited to tax credits and/or accelerated depreciation deductions.

Section 14. Air Quality Management Fund. - An Air Quality Management Fund to be administered by the Department as a special account in the National Treasury is hereby established to finance containment, removal, and clean-up operations of the Government 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 Fund shall be sourced from the fines imposed and damages awarded to the Republic of the Philippines by the Pollution Adjudication Board (PAB), proceeds of licenses and permits issued by the Department under this Act, emission fees and from donations, endowments and grants in the forms of contributions. Contributions to the Fund shall be exempted from donor taxes and all other taxes, charges or fees imposed by the Government.

Section 15. Air Pollution Research and Development Program. - The Department, in coordination with the Department of Science and Technology (DOST), other agencies, the private sector, the academe, NGOs and POs, shall establish a National Research and Development Program for the prevention and control of air pollution. The Department 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 quality guideline values and standards in addition to internationally-accepted standards. It shall also consider the socio-cultural, political and economic implications of air quality management and pollution control.

ARTICLE TWO

AIR POLLUTION CLEARANCES AND

PERMITS FOR STATIONARY SOURCES

Section 16. Permits. - Consistent with the provisions of this Act, the Department 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 quality standards. These permits shall serve as management tools for the LGUs in the development of their action plan.

Section 17. Emission Quotas. - The Department may allow each regional industrial center that is designated as special airshed to allocate emission quotas to pollution sources within its jurisdiction that qualify under an environmental impact assessment system programmatic compliance program pursuant to the implementing rules and regulations of Presidential Decree No. 1586.

Section 18. Financial Liability for Environmental Rehabilitation. - As part of the environmental management plan attached to the environmental compliance certificate pursuant to Presidential Decree No. 1586 and rules and regulations set therefor, the Department shall require program and project proponents to put up financial guarantee mechanisms to finance the needs for emergency response, clean-up or rehabilitation of areas that may be damaged during the program or project's actual implementation. Liability for damages shall continue even after the termination of a program or project, where such damages are clearly attributable to that program or project and for a definite period to be determined by the Department and incorporated into the environmental compliance certificate.

Financial liability instruments may be in the form of a trust fund, environmental insurance, surety bonds, letters of credit, as well as self-insurance. The choice of the guarantee instrument or combinations thereof shall depend, among others, on the assessment of the risks involved. Proponents required to put up guarantee instruments shall furnish the Department with evidence of availment of such instruments.

ARTICLE THREE

POLLUTION FROM STATIONARY SOURCES

Section 19. Pollution From Stationary Sources. - The Department shall, within two (2) years from the effectivity of this Act, and every two (2) years thereafter, review, or as the need therefor 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 sources 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.

With respect to any trade, industry, process and fuel-burning equipment or industrial plant emitting air pollutants, the concentration at the point of emission shall not exceed the following limits: Pollutants Standard Applicable to Source Maximum Permissible Limits (mg/Ncm) Method of Analysis a 1. Antimony and its compounds Any source 10 as Sb AAS b 2. Arsenic and its compounds Any source 10 as As AAS b 3. Cadmium and its compounds Any source 10 as Cd AAS b 4. Carbon monoxide Any industrial source 500 as CO Orsat Analysis 5. Copper and its compounds Any industrial source 100 as Cu AAS b 6. Hydrofluoric Acids and Fluoride compounds Any source other than the manufacture of Aluminum from Alumina 50 as HF Titration with Ammonium Thiocyanate 7. Hydrogen Sulfide

i)Geothermal power plants

ii)Geothermal exploration and well-testing

iii)Any source other than (i) and (ii) c, d e 7 as H2S Cadmium Sulfide Method Cadmium Sulfide Method 8. Lead Any trade industry or process 10 as Pb AAS b 9. Mercury Any source 5 as elemental Hg AASb/ Cold-Vapor Technique or Hg Analyzer 10. Nickel and its compounds, except Nickel Carbonyl Any source 20 as Ni AAS b 11. NOx

i) Manufacture of Nitric Acid

ii) Fuel burning steam generators Existing Source New Source * Coal-fired * Oil-fired

iii) Any source other than (i) and (ii) Existing Source New Source 2,000 as acid and NOx and calculated as NO2 1,500 as NO2 1,000 as NO2 500 as NO2 1,000 as NO2 500 as NO2 Phenol-disulfonic acid Method Phenol-disulfonic acid Method Phenol-disulfonic 12. Phosphorus Fentoxide Any source 200 as P2O5 Spectrophotoimetry 13. Zinc and its compounds Any source 100 as Zn AAS b a Other equivalent methods approved by the Department may be used.

" Atomic Absorption Spectrophometry c All new geothermal power plants starting construction by 01 January 1995 shall control HsS emissions to not more than 150g/GMW-Hr " All existing geothermal power plants shall control HsS emissions to not more than 200g/GMW-Hr. within 5 years from the date of efectivity of these revised regulations.

e Best practicable control technology for air emissions and liquid discharges. Compliance with air and water quality standards is required.

1 Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm. Provisional Guideline Provided, That the maximum limits in mg/Ncm particulates in said sources shall be: 1. Fuel burning Equipment (a) Urban or Industrial Area 150 mg/Ncm (b) Other Area 200 mg/Ncm 2. Cement Plants (Kilns, etc.) 150 mg/Ncm 3. Smelting Furnaces 150 mg/Ncm 4. Other Stationary Sources a 200 mg/Ncm a Other Stationary Sources means a trade, process, industrial plant, or fuel burning equipment other than thermal power plants, industrial boilers, cement plants, incinerators and smelting furnaces Provided, further, That the maximum limits for sulfur oxides in said sources shall be: (1) Existing Sources (i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 2.0 gm. Ncm as SO3 (ii) Fuel Burning Equipment 1.5 gm. Ncm as SO2 (iii) Other Stationary Sources a 1.0 gm. Ncm as SO3 (2) New Sources (i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 1.5 gm. Ncm as SO3 (ii) Fuel Burning Equipment 0.7 gm. Ncm as SO2 (iii) Other Stationary Sources a 0.2 gm. Ncm as SO3 a Other Stationary Sources refer to existing and new stationary sources other than those caused by the manufacture of sulfuric acid and sulfonation process, fuel burning equipment and incineration.

For stationary sources of pollution not specifically included in the immediately preceding paragraph, the following emission standards shall not be exceeded in the exhaust gas: I. Daily And Half Hourly Average Values Daily Average Values Half Hourly Average Values Total dust 10 mg/m3 30 mg/m3 Gaseous and vaporous organic substances, expressed as total organic carbon 10 mg/m3 20 mg/m3 Hydrogen chloride (HCl) 10 mg/m3 60 mg/m3 Hydrogen fluoride (HF) 1 mg/m3 4 mg/m3 Sulphur dioxide (SO2) 50 mg/m3 200 mg/m3 Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity exceeding 3 tonnes per hour 200 mg/m3 400 mg/m3 Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity of 3 tonnes per hour or less 300 mg/m3 Ammonia 10 mg/m3 20 mg/m3 II. All Average Values over the Sample Period of a Minimum of 4 and Maximum of 8 Hours Cadmium and its compounds, expressed as cadmium (Cd) total 0.05 mg/m Thallium and its compounds, expressed as thallium (Tl) Mercury and its compounds, expressed as mercury (Hg) 0.05 mg/m3 Antimony and its compounds, expressed as antimony (Sb) total 0.5 mg/m3 Arsenic and its compounds, expressed as arsenic (As) Lead and its compounds, expressed as lead (Pb) Chromium and its compounds, expressed as chromium (Cr) Cobalt and its compounds, expressed as cobalt (Co) Copper and its compounds, expressed as copper (Cu) Manganese and its compounds, expressed as manganese (Mn) Nickel and its compounds, expressed as nickel (Ni) Vanadium and its compounds, expressed as vanadium (V) Tin and its compounds, expressed 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 dioxins and furans into the air shall be reduced by the most progressive techniques: Provided further, That all average values of dioxin and furans measured over the sample period of a minimum of 6 hours and a maximum of 8 hours must not exceed the limit value of 0.1 nanogram/m3.

Pursuant to Section 8 of this Act, the Department 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.

Existing industries, which are proven to exceed emission rates established by the Department, in consultation with stakeholders, after a thorough, credible and transparent measurement process shall be allowed a grace period of eighteen (18) months for the establishment of an environmental management system and the installation of an appropriate air pollution control device: Provided, That an extension of not more than twelve (12) months may be allowed by the Department on meritorious grounds.

Section 20. Ban on Incineration. - Incineration, hereby defined as the burning of municipal, bio- medical and hazardous wastes, which process emits poisonous and toxic fumes, is hereby prohibited: Provided, however, 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, further, That existing incinerators dealing with bio-medical wastes shall be phased out within three (3) years after the effectivity of this Act: Provided, finally, That in the interim, such units shall be limited to the burning of pathological and infectious wastes, and subject to close monitoring by the Department.

Local government units are hereby mandated to promote, encourage and implement in their respective jurisdiction a comprehensive ecological waste management that includes waste segregation, recycling and composting.

With due concern on the effects of climate change, the Department 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 municipal, bio-medical and hazardous wastes.

ARTICLE FOUR

POLLUTION FROM MOTOR VEHICLES

Section 21. Pollution from Motor Vehicles. - (a) The DOTC shall implement the emission standards for motor vehicles set pursuant to and as provided in this Act. To further improve the emission standards, the Department shall review, revise and publish the standards every two (2) years, or as the need arises.

It shall consider the maximum limits for all major pollutants to ensure substantial improvement in air quality 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 2003: (a) For light duty vehicles, the exhaust emission limits for gaseous pollutants shall be: Emission Limits for Light Duty Vehicles Type Approval (Directive 91/441/EEC) CO (g/km) HC + NOx (g/km) PMa (g/km) 2.72 0.97 0.14 a for compression-ignition engines only (b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a function of the the given reference mass shall be: Emission Limits for Light Commercial Vehicles Type Approval (Directive 93/59/EEC) Reference Weight (RW) (kg) CO (g/km) HC + NOx (g/km) PM3 (g/km) Category 1

1250< RW

2.72 0.97 0.14 Category 2

1250< RW < 1700

5.17 1.4 0.19 Category 3 RW>1700 6.9 1.7 0.25 a for compression-ignition engines only (c) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall be: Emission Limits for Heavy Duty Vehicles Type Approval (Directive 91/542/EEC) CO (g/kWh) HC (g/kWh) NOx (g/kWh) PM (g/kWh) 4.5 1.1 8.0 0.36 a a In the case of engines of 85 kW or less, the limit value for particular emissions is increased by multiplying the quoted limit by a coefficient of 1.7 Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams hydrocarbons per test. Likewise, it shall not allow any emission of gases from crankcase ventilation system into the atmosphere.

(b) The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an action plan for the control and management of air pollution from motor vehicles consistent with the Integrated Air Quality Framework. The DOTC shall enforce compliance with the emission standards for motor vehicles set by the Department. The DOTC may deputize other law enforcement agencies and LGUs for this purpose. To this end, the DOTC shall have the power to: Inspect and monitor the emissions of motor vehicles;

Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or street at specified times; and Authorize private emission testing centers duly accredited by the DTI.

(c) The DOTC, together with the DTI and the Department, 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 emission of pollutants discharged by said sources.

(d) In order to ensure the substantial reduction of emissions from motor vehicles, the Department of Trade and Industry (DTI), together with the DOTC and the Department, shall formulate and implement a national motor vehicle inspection and maintenance program that will promote efficient and safe operation of all motor vehicles. In this regard, the DTI shall develop and implement standards and procedures for the certification of training institutions, instructors and facilities and the licensing of qualified private service centers and their technicians as prerequisite for performing the testing, servicing, repair and the required adjustment to the vehicle emission system. The DTI shall likewise prescribe regulations requiring 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.

Section 22. Regulation of All Motor Vehicles and Engines. - 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 Certificate of Conformity (COC) issued by the Department.

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, major parts or components shall not be registered unless it complies with the emission standards set pursuant to this Act.

In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the vehicle or engine so that it will be in compliance with applicable emission standards.

No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the emission testing requirement promulgated in accordance with this Act. Such testing shall be conducted by the DOTC or its authorized inspection centers within sixty (60) days prior to date of registration.

The DTI 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.

Section 23. Second-Hand Motor Vehicle Engines. - 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 FIVE

POLLUTION FROM OTHER SOURCES

Section 24. Pollution from Smoking. - 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 LGUs.

Section 25. Pollution from Other Mobile Sources. - The Department, in coordination with appropriate agencies, shall formulate and establish the necessary standards for all mobile sources other than those referred to in Section 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 jurisdiction of the DOTC.

CHAPTER3

FUELS, ADDITIVES, SUBSTANCES AND

POLLUTANTS

ARTICLE ONE

FUELS, ADDITIVE AND SUBTANCES

Section 26. Fuels and Additives. - Pursuant to the Air Quality Framework to be established under Section 7 of this Act, the Department of Energy (DOE), co-chaired by the Department of Environment and Natural Resources (DENR), in consultation with the Bureau of Product Standards (BPS) of the DTI, the DOST, 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, however, That the specifications for all types of fuel and fuel-related products set-forth pursuant to this Section shall be adopted by the BPS as Philippine National Standards (PNS).

The DOE, 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. On the basis of such specifications, the DOE shall likewise limit the content or begin the phase-out of additives in all types of fuels and fuel-related products as it may deem necessary. Other agencies involved in the performance of this function shall be required to coordinate with the DOE and transfer all documents and information necessary for the implementation of this provision.

Consistent with the provisions of the preceding paragraphs under this Section, it is declared that: not later than eighteen (18) 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 index (AKI) of not less than 87.5 and Reid vapor pressure of not more than 9 psi. Within six (6) months after the effectivity of this Act, unleaded gasoline fuel shall contain aromatics not to exceed forty-five percent (45%) by volume and benzene not to exceed four percent (4%) by volume: Provided, That by year 2003, unleaded gasoline fuel should contain aromatics not to exceed thirty-five percent (35%) by volume and benzene not to exceed two percent (2%) by volume;

not later than eighteen (18) 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 excess of 0.20% by weight with a cetane number or index of not less than forty-eight (48): Provided, That by year 2004, content of said sulfur shall be 0.05% by weight; and not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce industrial diesel fuel which contains a concentration of sulfur in excess of 0.30% (by weight).

Every 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. Likewise, 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 monoxide, hydrocarbons, and oxides of nitrogen and particulate matter, in order to be approved and certified by the Department.

Section 27. Regulation of Fuels and Fuel Additives. - The DOE, in coordination with the Department and the BPS, shall regulate the use of any fuel or fuel additive. No manufacturer, processor or trader of any fuel or additive may import, sell, offer for sale, or introduce into commerce such fuel or additive unless the same has been registered with the DOE. Prior to registration, the manufacturer, processor or trader shall provide the DOE with the following relevant information: Product identity and composition to determine the potential health effects of such fuels and additives;

Description of the analytical technique that can be used to detect and measure the additive in any fuel; Recommended range of concentration; and Purpose in the use of the fuel and additive.

Section 28. Misfueling. - In 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 equipped 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.

Section 29. Prohibition on Manufacture, Import and Sale of Leaded Gasoline and of Engines and/or Components Requiring Leaded Gasoline.

- Effective not later than eighteen (18) 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 requiring the use of leaded gasoline.

For existing vehicles, the DTI shall formulate standards and procedures that will allow non-conforming engines to comply with the use of unleaded fuel within five (5) years after the effectivity of this Act.

ARTICLE TWO

OTHER POLLUTANTS

Section 30. Ozone-Depleting Substances. - Consistent with the terms and conditions of the Montreal Protocol on Substances that Deplete the Ozone Layer and other international agreements and protocols to which the Philippines is a signatory, the Department shall phase out ozone-depleting substances.

Within sixty (60) days after the enactment of this Act, the Department shall publish a list of substances which are known to cause harmful effects on the stratospheric ozone layer.

Section 31. Greenhouse Gases. - The Philippine Atmospheric, Geophysical and Astronomical Service Administration (PAGASA) shall regularly monitor meteorological factors affecting environmental conditions including ozone depletion and greenhouse gases and coordinate with the Department in order to effectively guide air pollution monitoring and standard-setting activities.

The Department, together with concerned agencies and local government units, shall prepare and fully implement a national plan consistent with the United Nations Framework Convention on Climate Change and other international agreements, conventions and protocols on the reduction of greenhouse gas emissions in the country.

Section 32. Persistent Organic Pollutants. - The Department shall, within a period of two (2) years after the enactment of this Act, establish an inventory list of all sources of Persistent Organic Pollutants (POPs) in the country. The Department shall develop short-term and long-term national government programs on the reduction and elimination of POPs such as dioxins and furans. Such programs shall be formulated within a year after the establishment of the inventory list.

Section 33. Radioactive Emissions. - All projects 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 Philippine Nuclear Research Institute (PNRI), in coordination with the Department and other appropriate government agencies.

CHAPTER 4

INSTITUTIONAL MECHANISM

Section 34. Lead Agency. - The Department, 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 Department's Environmental Management Bureau (EMB) 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.

Section 35. Linkage Mechanism. - The Department shall consult, participate, cooperate and enter into agreement with other government agencies, or with affected nongovernmental organizations (NGOs) or people's organizations (POs), or private enterprises in the furtherance of the objectives of this Act.

Section 36. Role of Local Government Units. - Local government units (LGUs) shall share the responsibility in the management and maintenance of air quality within their territorial jurisdiction. Consistent with Sections 7,8 and 9 of this Act, LGUs shall implement air quality standards set by the Board in areas within their jurisdiction: Provided, however, 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 Department shall provide the LGUs with technical assistance, trainings and a continuing capability-building program to prepare them to undertake full administration of the air quality management and regulation within their territorial jurisdiction.

Section 37. Environment and Natural Resources Office. - There may be established an Environment and Natural Resources Office in every province, city, or municipality which shall be headed by the environment and natural resources officer and shall be appointed by the Chief Executive of every province, city or municipality in accordance with the provisions of Section 484 of Republic Act No. 7160. Its powers and duties, among others, are: To prepare comprehensive air quality management programs, plans and strategies within the limits set forth in Republic Act No. 7160 and this Act which shall be implemented within its territorial jurisdiction upon the approval of the sanggunian;

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 adequate facilities relative to air quality;

To take the lead in all efforts concerning air quality protection and rehabilitation; To recommend to the Board air quality standards which shall not exceed the maximum permissible standards set by national laws;

To coordinate with other government agencies and nongovernmental organizations in the implementation of measures to prevent and control air pollution; and Exercise such other powers and perform such duties and functions as may be prescribed by law or ordinance: Provided however, That in provinces/cities/ municipalities where there are no environment and natural resources officers, the local executive 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, finally, That in case an employee is designated as such, he must have a sufficient experience in environmental and natural resources management, conservation and utilization.

Section 38. Record-keeping, Inspection, Monitoring and Entry by the Department. - The Department or its duly accredited entity shall, after proper consultation and notice, require any person who owns or operates any emission source or who is subject to any requirement of this Act to: (a) establish and maintain relevant records; (b) make relevant reports; (c) install, use and maintain monitoring equipment or methods; (d) sample emission, in accordance with the methods, locations, intervals, and manner prescribed by the Department; (e) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; and (f) provide such other information as the Department may reasonably require.

Pursuant to this Act, the Department, 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 equipment or method required; and (c) test any emission.

Any record, report or information obtained under this Section shall be made available to the public, except upon a satisfactory showing to the Department 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 Department's industrial rating system.

Section 39. Public Education and Information Campaign. - A continuing air quality information and education campaign shall be promoted by the Department, the Department of Education, Culture and Sports (DECS), the Department of the Interior and Local Government (DILG), the Department of Agriculture (DA) and the Philippine Information Agency (PIA). Consistent with Section 7 of this Act, such campaign shall encourage the participation of other government agencies and the private sector including NGOs, POs, the academe, environmental groups and other private entities in a multi-sectoral information campaign.

CHAPTER5 ACTIONS

Section 40. Administrative Action. -Without prejudice to the right of any affected person to file an administrative action, the Department shall, on its own instance or upon verified complaint by any person, institute administrative proceedings against any person who violates: Standards or limitation provided under this Act; or Any order, rule or regulation issued by the Department with respect to such standard or limitation.

Section 41. Citizen Suits. - For 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: Any person who violates or fails to comply with the provisions of this Act or its implementing rules and regulations; or The Department or other implementing agencies with respect to orders, rules and regulations issued inconsistent with this Act; and/or Any public officer who willfully or grossly neglects the performance of an act specifically enjoined 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, however, That no suit can be filed until after thirty-day (30) notice has been given to the public officer and the alleged violator concerned and no appropriate action has been taken thereon.

The court shall exempt such action from the payment of filing fees, except fees for actions not capable of pecuniary estimations, and shall, likewise, upon prima facie showing of the non-enforcement or violation complained of, exempt the plaintiff from the filing of an injunction bond for the issuance of a preliminary injunction.

Within thirty (30) days, the court shall make a determination if the complaint herein is malicious and/or baseless and shall accordingly dismiss the action and award attorney's fees and damages.

Section 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.

Section 43. Suits and Strategic Legal Actions Against Public Participation and the Enforcement of this Act. - Where a suit is brought against a person who filed an action as provided in Section 41 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 exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert undue pressure or stifle such legal recourses of the person complaining of or enforcing the provisions of this Act. Upon 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, there being no grave abuse of authority, and done in the course of enforcing this Act.

Section 44. Lien Upon Personal and Immovable Properties of Violators. - Fines and penalties imposed pursuant to this Act shall be liens upon personal and immovable properties of the violator. Such lien shall, in case of insolvency of the respondent violator, enjoy preference subsequent to laborer's wages under Articles 2241 and 2242 of Republic Act No. 386, otherwise known as the New Civil Code of the Philippines.

CHAPTER6

FINES AND PENALTIES

Section 45. Violation of Standards for Stationary Sources. - For actual exceedance of any pollution or air quality standards under this Act or its rules and regulations, the Department, through the Pollution Adjudication Board (PAB), shall impose a fine of not more than One hundred thousand pesos (P100,000) for every day of violation against the owner or operator of a stationary source until such time that the standards have been complied with.

For purposes of the application of the fines, the PAB shall prepare a fine rating system to adjust the maximum fine based on the violator's ability to pay, degree of willfulness, degree of negligence, history of noncompliance and degree of recalcitrance: Provided, That in case of negligence, the first time offender's ability to pay may likewise be considered by the Pollution Adjudication Board: Provided, further, That in the absence of any extenuating or aggravating circumstances, the amount of fine for negligence shall be equivalent to one-half of the fine for willful violation.

The fines herein prescribed shall be increased by at least ten percent (10%) every three (3) years to compensate for inflation and to maintain the deterrent function of such fines.

In addition to the fines, the PAB shall order the 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 found liable for a third offense shall suffer permanent closure immediately. This paragraph shall be without prejudice to the immediate issuance of an ex 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 there is imminent threat to life, public health, safety or general welfare, or to plant or animal life, or whenever there is an exceedance of the emission standards set by the Department and/or the Board and/or the appropriate LGU.

Section 46. Violation of Standards for Motor Vehicles. - No motor vehicle shall be registered with the DOTC unless it meets the emission standards set by the Department as provided in Section 21 hereof.

Any vehicle suspected of violation of emission standards through visual signs, such as, but not limited to smoke-belching, shall be subject to an emission test by a duly authorized emission testing center. For this purpose, the DOTC 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. Otherwise, a testing result indicating an exceedance 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 DOTC 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 DOTC to authorize the use of the motor vehicle within a specified period that shall not exceed seven (7) days for the sole purpose of making the necessary repairs on the said vehicle. The owner/operator of the vehicle shall be required 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.

In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control and management conducted by the DOTC and shall also suffer the following penalties: First offense - a fine not to exceed Two thousand pesos (P2,000);

Second offense - a fine not less than Two thousand pesos (P2,000) and not to exceed Four thousand pesos (P4,000); and Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than Four thousand pesos (P4,000) and not more than Six thousand pesos, (P6,000).

Any violation of the provisions of Section 21 paragraph (d) with regard to national inspection and maintenance program, including technicians and facility compliance shall be penalized with a fine of not less than Thirty thousand pesos (P30,000) or cancellation of license of both the technician and the center, or both, as determined by the DTI.

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. For this purpose, the Department, together with the DOTC, DTI, DOST, Philippine National Police (PNP) and other concerned agencies and private entities shall design a training program.

Section 47. Fines and Penalties for Violations of Other Provisions in the Act. - For 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 (P10,000) but not more than One hundred thousand pesos (P100,000) or six (6) months to six (6) years imprisonment or both shall be imposed. If the offender is a juridical 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.

Section 48. Gross Violations. - In case of gross violation of this Act or its implementing rules and regulations, the PAB shall recommend to the proper government agencies to file the appropriate criminal charges against the violators. The PAB shall assist the public prosecutor in the litigation of the case. Gross violation shall mean: (a) three (3) or more specific offenses within a period of one (1) year; (b) three (3) or more specific offenses within three (3) consecutive years; (c) blatant disregard of the orders of the PAB, such as but not limited to the breaking of seal, padlocks and other similar devices, or operating despite the existence of an order for closure, discontinuance or cessation of operation; and (d) irreparable or grave damage to the environment as a consequence of any violation or omission of the provisions of this Act.

Offenders shall be punished with imprisonment of not less than six (6) years but not more than ten (10) years at the discretion of the court. If the offender is a juridical 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.

CHAPTER 7

FINAL PROVISIONS

Section 49. Potential Loss or Shifts of Employment. - The Secretary of Labor 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.

Section 50. Appropriations. - An amount of Seven hundred fifty million pesos (P750,000,000) shall be appropriated for the initial implementation of this Act, of which, the amount of Three hundred million pesos (P300,000,000) shall be appropriated to the Department; Two hundred million pesos (P200,000,000) to the DTI; One hundred fifty million pesos (P150,000,000) to the DOTC; and, One hundred million pesos (P100,000,000) to the DOE.

Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be included in the General Appropriations Act.

Section 51. Implementing Rules and Regulations. - The Department, in coordination with the Committees on Environment and Ecology of the Senate and House of Representatives, respectively and other concerned 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 Department, pursuant to the provisions of this Act.

The draft of the implementing rules and regulations shall be published and be the subject of public consultations with affected sectors.

There shall be a mandatory review of the implementing rules and regulations and standards set pursuant to the provisions of this Act.

Section 52. Report to Congress. - The Department shall report to Congress, not later than March 30 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.

Section 53. Joint Congressional Oversight Committee. - There is hereby created a joint congressional oversight committee to monitor the implementation of this Act. The committee shall be composed of five (5) senators and five (5) representatives to be appointed by the Senate President and the Speaker of the House of Representatives, respectively. The oversight committee shall be co-chaired by a senator and a representative designated by the Senate President and the Speaker of the House of Representatives, respectively.

The mandate given to the joint congressional oversight committee under this Act shall be without prejudice to the performance of the duties and functions by the respective existing oversight committees of the Senate and the House of Representatives.

Section 54. Separability of Provisions. - If any provision of this Act or the application of such provision to any person or circumstance is declared unconstitutional, the remainder of the Act or the application of such provision to other persons or circumstance shall not be affected by such declaration.

Section 55. Repealing Clause. - Presidential Decree No. 1181 is hereby repealed. Presidential Decree Nos. 1152, 1586, and Presidential Decree No. 984 are partly modified. All other laws, orders, issuances, rules and regulations inconsistent herewith are hereby repealed or modified accordingly.

Section 56. Effectivity. - This Act shall take effect fifteen (15) days from the date of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved, (Sgd.) MANUEL B. VILLAR, JR. (Sgd.) MARCELO B. FERNAN Speaker of the House of Representatives President of the Senate This Act, which is a consolidation of Senate Bill No. 1255 and House Bill No. 6216, was finally passed by the Senate and the House of Representatives on May 13, 1999 and May 10, 1999, respectively.

(Sgd.) ROBERTO P. NAZARENO (Sgd.) HEZEL P. GACUTAN Secretary General House of Representatives Secretary of the Senate Approved: June 23, 1999.

(Sgd.) JOSEPH EJERCITO ESTRADA President of the Philippines

Republic Act No. 9003 - Ecological Solid Waste Management Act of 2000

REPUBLIC ACT NO. 9003, January 26, 2001

AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE MANAGEMENT PROGRAM, CREATING THE NECESSARY INSTITUTIONAL MECHANISMS AND INCENTIVES, DECLARING CERTAIN ACTS PROHIBITED AND PROVIDING PENALTIES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

CHAPTER I

BASIC POLICIES

ARTICLE 1

GENERAL PROVISIONS

Section 1. Short Title. - This Act shall be known as the "Ecological Solid Waste Management Act of 2000." Section2. Declaration of Policies.

- It is hereby declared the policy of the State to adopt a systematic, comprehensive and ecological solid waste management program which shall: Ensure the protection of public health and environment;

Utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage resource conservation and recovery;

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;

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

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

Encourage greater private sector participation in solid waste management; Retain primary enforcement and responsibility of solid waste management with local government units while establishing a cooperative effort among the national government, other local government units, nongovernment organizations, and the private sector;

Encourage cooperation and self-regulation among waste generators through the application of market-based instruments; Institutionalize public participation in the development and implementation of national and local integrated, comprehensive and ecological waste management programs; and Strengthen 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

DEFINITIONS OF TERMS

Section3. Definition of Terms. - For 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 Bulky 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 Bureau shall refer to the Environmental Management Bureau; d Buy-back center shall refer to a recycling center that purchases or otherwise accepts recyclable materials from the public for the purpose of recycling such materials;

e Collection shall refer to the act of removing solid waste from the source or from a communal storage point; f Composting shall refer to the controlled decomposition of organic matter by micro-organisms, mainly bacteria and fungi, into a humus-like product;

g Consumer electronics shall refer to special wastes that include worn-out, broken, and other discarded items such as radios, stereos, and TV sets;

h Controlled dump shall refer to a disposal site at which solid waste is deposited in accordance with the minimum prescribed standards of site operation;

i Department shall refer to the Department of Environment and Natural Resources; j Disposal shall refer to the discharge, deposit, dumping, spilling, leaking or placing of any solid waste into or in any land;

k Disposal site shall refer to a site where solid waste is finally discharged and deposited; l Ecological 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 Environmentally acceptable shall refer to the quality of being re-usable, biodegradable or compostable, recyclable and not toxic or hazardous to the environment;

n Generation shall refer to the act or process of producing solid waste; o Generator shall refer to a person, natural or juridical, who last uses a material and makes it available for disposal or recycling;

p Hazardous waste shall refer to solid waste or combination of solid waste which because of its quantity, 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;

q Leachate shall refer to the liquid produced when waste undergo decomposition, and when water percolate through solid waste undergoing decomposition. It is contaminated liquid 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 Open 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 health standards;

u Opportunity 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 Person(s) shall refer to any being, natural or juridical, susceptible of rights and obligations, or of being the subject of legal relations;

w Post-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 a recycled product, excluding materials and by-products generated from, and commonly used within an original manufacturing process, such as mill scrap;

x Receptacles shall refer to individual containers used for the source separation and the collection of recyclable materials;

y Recovered 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 Recyclable 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 Commission;

aa Recycled material shall refer to post-consumer material that has been recycled and returned to the economy; bb Recycling shall refer to the treating of used or waste materials through a process of making the 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 products may lose their identity, and which may be 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 Resource conservation 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 Resource recovery shall refer to the collection, extraction 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 exclude incineration;

ee Re-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 exerts engineering control over significant potential environmental impacts arising from the development and operation of the facility;

gg Schedule of Compliance shall refer to an enforceable sequence 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 or regulation issued pursuant thereto;

hh Secretary shall refer to the Secretary of the Department of Environment and Natural Resources; 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;

jj 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 Unless specifically noted otherwise, the term "solid waste" as used in this Act shall not include: 1 waste identified or listed as hazardous waste of a solid, liquid, 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 infectious waste from hospitals such as equipment, 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 required by public health agencies, laboratory wastes such as pathological specimens (i.e., all tissues, specimens of blood elements, excreta, and secretions obtained from patients or laboratory animals), and disposable fomites that may harbor or transmit pathogenic organisms, and surgical operating room pathologic specimens and disposable fomites attendant thereto, and similar disposable materials from outpatient areas and emergency rooms; and 3 waste 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;

qq Storage shall refer to the interim containment of solid waste 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 not intended for disposal; and 3 the operations premises of a duly licensed solid waste handling operator who receives, stores, transfers, or otherwise processes wastes as an activity incidental to the conduct of a refuse collection and disposal business.

ss Waste diversion shall refer to activities which reduce or eliminate the amount of solid waste from waste disposal facilities;

tt White 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. White goods are usually dismantled for the recovery of specific materials (e.g., copper, aluminum, etc.); and uu Yard waste shall refer to wood, small or chipped branches, leaves, grass clippings, garden debris, vegetable residue that is recognizable as part of a plant or vegetable and other materials identified by the Commission.

CHAPTER II

INSTITUTIONAL MECHANISM

Section4. National Solid Waste Management Commission. - There is hereby established a National Solid Waste Management Commission, hereinafter referred to as the Commission, under the Office of the President. The Commission shall be composed of fourteen (14) members from the government sector and three (3) members from the private sector. The government sector shall be represented by the heads of the following agencies in their ex officio capacity: Department of Environment and Natural Resources (DENR);

Department of the Interior and Local Government (DILG); Department of Science and Technology (DOST); Department of Public Works and Highways (DPWH);

Department of Health (DOH); Department of Trade and Industry (DTI); Department of Agriculture (DA); Metro Manila Development Authority (MMDA);

League of provincial governors; League of city mayors; League of municipal mayors; Association of barangay councils; Technical Education and Skills Development Authority (TESDA); and Philippine Information Agency.

The private sector shall be represented by the following: A representative from nongovernment organizations (NGOs) whose principal purpose is to promote recycling and the protection of air and water quality;

A representative from the recycling industry; and A representative from the manufacturing or packaging industry; The Commission may, from time to time, call on any other concerned agencies or sectors as it may deem necessary.

Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall be nominated through a process designed by themselves and shall be appointed by the President for a term of three (3) years.

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

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

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

Section5. Powers and Functions of the Commission. - The Commission shall oversee the implementation of solid waste management plans and prescribe policies to achieve the objectives of this Act. The Commission shall undertake the following activities: Prepare the national solid waste management framework;

Approve local solid waste management plans in accordance with its rules and regulations; Review and monitor the implementation of local solid waste management plans;

Coordinate the operation of local solid waste management boards in the provincial and city/municipal levels; To the maximum extent feasible, utilizing existing resources, assist provincial, city and municipal solid waste management boards in the preparation, modification, and implementation of waste management plans;

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

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;

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

Develop a mechanism for the imposition of sanctions for the violation of environmental rules and regulations; Manage the Solid Waste Management Fund;

Develop and prescribe procedures for the issuance of appropriate permits and clearances; Review the incentives scheme for effective solid waste management, for purposes of ensuring relevance and efficiency in achieving the objectives of this Act;

Formulate the necessary education promotion and information campaign strategies; Establish, after notice and hearing of the parties concerned, standards, criteria, guidelines and formula that are fair, equitable and reasonable, in establishing tipping charges and rates that the proponent will charge in the operation and management of solid waste management facilities and technologies;

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

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

Encourage private sector initiatives, community participation and investments resource recovery-based livelihood programs for local communities;

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

Propose and adopt regulations requiring the source separation and post separation collection, segregated collection, processing, marketing and sale of organic and designated recyclable material generated in each local government unit; and Study and review the following: Standards, criteria and guidelines for the promulgation and implementation of an integrated national solid waste management framework; and Criteria and guidelines for siting, design, operation and maintenance of solid waste management facilities.

Section6. Meetings. - The Commission shall meet at least once a month. The presence of at least a majority of the members shall constitute a quorum. The chairman, or in his absence the vice chairman, shall be the presiding officer. In the absence of the heads of the agencies mentioned in Section4 of this Act, they may designate permanent representatives to attend the meetings.

Section7. The National Ecology Center. - There shall be established a National Ecology Center under the Commission which shall provide consulting, information, training, and networking services for the implementation of the provisions of this Act.

In this regard, it shall perform the following functions: Facilitate training and education in integrated ecological solid waste management;

Establish and manage a solid waste management information data base, in coordination with the DTI and other concerned agencies: on solid waste generation and management techniques as well as the management, technical and operational approaches to resource recovery; and of processors/recyclers, the list of materials being recycled or bought by them and their respective prices;

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

Provide or facilitate expert assistance in pilot modeling of solid waste management facilities; and Develop, test, and disseminate model waste minimization and reduction auditing procedures for evaluating options.

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

Section8. Role of the Department. - For the furtherance of the objectives of this Act, the Department shall have the following functions: Chair the Commission created pursuant to this Act;

Prepare an annual National Solid Waste Management Status Report; Prepare and distribute information, education and communication materials on solid waste management;

Establish methods and other parameters for the measurement of waste reduction, collection and disposal; Provide technical and other capability building assistance and support to the LGUs in the development and implementation of local solid waste management plans and programs;

Recommend policies to eliminate barriers to waste reduction programs; Exercise visitorial and enforcement powers to ensure strict compliance with this Act;

Perform such other powers and functions necessary to achieve the objectives of this Act; and Issue rules and regulations to effectively implement the provisions of this Act.

Section9. Visitorial Powers of the Department. - The Department or its duly authorized representative shall have access to, and the right to copy therefrom, the records required to be maintained pursuant to the provisions of this Act. The Secretary or the duly authorized representative shall likewise have the right to enter the premises of any generator, recycler or manufacturer, or other facilities any time to question any employee or investigate any fact, condition or matter which may be necessary to determine any violation, or which may aid in the effective enforcement of this Act and its implementing rules and regulations. This Section shall not apply to private dwelling places unless the visitorial power is otherwise judicially authorized.

Section10. Role of LGUs in Solid Waste Management. - Pursuant to the relevant provisions of R.A. No. 7160, otherwise known as the Local Government Code, the LGUs shall be primarily responsible for the implementation and enforcement of the provisions of this Act within their respective jurisdictions.

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

Section11. Provincial Solid Waste Management Board. - A Provincial Solid Waste Management Board shall be established in every province, to be chaired by the governor. Its members shall include: All the mayors of its component cities and municipalities;

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

The provincial health and/or general services officers, whichever may be recommended by the governor; The provincial environment and natural resources officer;

The provincial engineer; Congressional representative/s from each congressional district within the province; A representative from the NGO sector whose principal purpose is to promote recycling and the protection of air and water quality;

A representative from the recycling industry; A representative from the manufacturing or packaging industry; and A representative of each concerned government agency possessing relevant technical and marketing expertise as may be determined by the Board.

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

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

In the case of Metro Manila, the Board shall be chaired by the chairperson of the MMDA and its members shall include: All mayors of its component cities and municipalities;

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

A representative from the recycling industry; and A representative from the manufacturing or packaging industry. The Board may, from time to time, call on any other concerned agencies or sectors as it may deem necessary.

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

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

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

Provide the necessary logistical and operational support to its component cities and municipalities in consonance with subsection (f) of Section17 of the Local Government Code;

Recommend measures and safeguards against pollution and for the preservation of the natural ecosystem; Recommend measures to generate resources, funding and implementation of projects and activities as specified in the duly approved solid waste management plans;

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

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

Develop an appropriate incentive scheme as an integral component of the Provincial Solid Waste Management Plan; Convene joint meetings of the provincial, city and municipal solid waste management boards at least every quarter for purposes of integrating, synchronizing, monitoring and evaluating the development and implementation of its provincial solid waste management plan;

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

Oversee the implementation of the Provincial Solid Waste Management Plan; Review every two (2) years or as the need arises the Provincial Solid Waste Management Plan for purposes of ensuring its sustainability, viability, effectiveness and relevance in relation to local and international developments in the field of solid waste management; and Allow for the clustering of LGUs for the solution of common solid waste management problems.

Section12. City and Municipal Solid Waste Management Board. - Each city or municipality shall form a City or Municipal Waste Management Board that shall prepare, submit and implement a plan for the safe and sanitary management of solid waste generated in areas under its geographic and political coverage.

The City or Municipal Solid Waste Management Board shall be composed of the city or municipal mayor as head with the following as members: One (1) representative of the Sangguniang Panlungsod or the Sangguniang Bayan, preferably chairpersons of either the Committees on Environment or Health, who will be designated by the presiding officer;

President of the Association of Barangay Councils in the municipality or city; Chairperson of the Sangguniang Kabataan Federation;

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

A representative from the manufacturing or packaging industry; and A representative of each concerned government agency possessing relevant technical and marketing expertise as may be determined by the Board.

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

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

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

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

Monitor the implementation of the City or Municipal Solid Waste Management Plan through its various political subdivisions and in cooperation with the private sector and the NGOs;

Adopt specific revenue-generating measures to promote the viability of its Solid Waste Management Plan; Convene regular meetings for purposes of planning and coordinating the implementation of the solid waste management plans of the respective component barangays;

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

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

Recommend to appropriate local government authorities specific measures or proposals for franchise or build-operate-transfer agreements with duly recognized institutions, pursuant to R.A. No. 6957, to provide either exclusive or non-exclusive authority for the collection, transfer, storage, processing, recycling or disposal of municipal solid waste. The proposals shall take into consideration appropriate government rules and regulations on contracts, franchises and build-operate-transfer agreements;

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

Recommend measures and safeguards against pollution and for the preservation of the natural ecosystem; and Coordinate the efforts of its component barangays in the implementation of the city or municipal Solid Waste Management Plan.

Section13. Establishment of Multi-Purpose Environment Cooperatives or Associations in Every LGU. - Multi-purpose cooperatives and associations that shall undertake activities to promote the implementation and/or directly undertake projects in compliance with the provisions of this Act shall be encouraged and promoted in every LGU.

CHAPTER III

COMPREHENSIVE SOLID WASTE MANAGEMENT

ARTICLE 1

GENERAL PROVISIONS

Section14. National Solid Waste Management Status Report. - The Department, in coordination with the DOH and other concerned agencies, shall within six (6) months after the effectivity of this Act, prepare a National Solid Waste Management Status Report which shall be used as a basis in formulating the National Solid Waste Management Framework provided in Section 15 of this Act. The concerned agencies shall submit to the Department relevant data necessary for the completion of the said report within three (3) months following the effectivity of this Act. The said report shall include, but shall not be limited to, the following: Inventory of existing solid waste facilities;

General waste characterization, taking into account the type, quantity of waste generated and estimation of volume and type of waste for reduction and recycling;

Projection of waste generation; The varying regional geologic, hydrologic, climatic, and other factors vital in the implementation of solid waste practices to ensure the reasonable protection of: the quality of surface and groundwater from leachate contamination;

the quality of surface waters from surface run-off contamination; and ambient air quality. Population density, distribution and projected growth;

The political, economic, organizational, financial and management problems affecting comprehensive solid waste management;

Systems and techniques of waste reduction, re-use and recycling; Available markets for recyclable materials; Estimated cost of collecting, storing, transporting, marketing and disposal of wastes and recyclable materials; and Pertinent qualitative and quantitative information concerning the extent of solid waste management problems and solid waste management activities undertaken by local government units and the waste generators.

Provided, That the Department, in consultation with concerned agencies, shall review, update and publish a National Solid Waste Management Status Report every two (2) years or as the need arises.

Section15. National Solid Waste Management Framework. - Within six (6) months from the completion of the national solid waste management status report under Section 14 of this Act, the Commission created under Section 4 of this Act shall, with public participation, formulate and implement a National Solid Waste Management Framework. Such framework shall consider and include: Analysis and evaluation of the current state, trends, rojections of solid waste management on the national, provincial nd municipal levels;

Identification of critical solid waste facilities and local overnment units which will need closer monitoring and/or egulation;

Characteristics and conditions of collection, storage, rocessing, disposal, operating methods, techniques and practices, location of facilities where such operating methods, techniques and practices are conducted, taking into account the nature of the waste;

Waste diversion goal pursuant to Section 20 of this Act; Schedule for the closure and/or upgrading of open and controlled dumps pursuant to Section 7 of this Act;

Methods of closing or upgrading open dumps for purposes of eliminating potential health hazards; The profile of sources, including industrial, commercial, domestic and other sources;

Practical applications of environmentally sound techniques of waste minimization such as, but not limited to, resource conservation, segregation at source, recycling, resource recovery, including waste-to-energy generation, re-use and composting;

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; Recycling programs for the recyclable materials, such as but not limited to glass, paper, plastic and metal;

Venues for public participation from all sectors at all phases/stages of the waste management program/project; Information and education campaign strategies;

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: Protection of the quality of groundwater and surface waters from leachate and run-off contamination;

Disease and epidemic prevention and control; Prevention and control of offensive odor; and Safety and aesthetics. 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 adequate location, design, and construction of facilities associated with solid waste management practices, including the consideration of regional, geographic, demographic, and climatic factors; and The method and procedure for the phaseout and the eventual closure within eighteen (18) months from the effectivity of this Act in case of existing open dumps and/or sanitary landfills located within an aquifer, groundwater reservoir or watershed area.

Section16. Local Government Solid Waste Management Plans. - The province, city or municipality, through its local solid waste management boards, shall prepare its respective 10-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 jurisdictions: Provided, further, That the solid waste management plan of the LGU shall ensure the efficient management of solid waste generated within its jurisdiction. 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 Section 17 of this Act and a timetable for the implementation of the solid waste management program in accordance with the National Framework 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.

For LGUs which have considered solid waste management alternatives to comply with Section 37 of this Act, but are unable to utilize such alternatives, a timetable or schedule of compliance specifying the remedial measures and eventual compliance shall be included in the plan.

All local government solid waste management plans shall be subjected to the approval of the Commission. 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 Commission: Provided, That in the Province of Palawan, the local government solid waste management plan shall be approved by the Palawan Council for Sustainable Development, pursuant to R.A. No. 7611.

Section17. The Components of the Local Government Solid Waste Management Plan. - The solid waste management plan shall include, but not be limited to, the following components: City or Municipal Profile - 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: Estimated population of each barangay within the city or municipality and population projection for a 10-year period; locations of residential, commercial, and industrial centers, and agricultural area, as well as dump sites, landfills and other solid waste facilities. The illustration shall indicate as well, the proposed sites for disposal and other solid waste facilities;

Illustration or map of the city/municipality, indicating locations of residential, commercial, and industrial centers, and agricultural area, as well as dump sites, landfills and other solid waste facilities. The illustration shall indicate as well, the proposed sites for disposal and other solid waste facilities;

Estimated solid waste generation and projection by source, such as residential, market, commercial, industrial, construction/demolition, street waste, agricultural, agro-industrial, institutional, other wastes; and Inventory of existing waste disposal and other solid waste facilities and capacities.

Waste characterization - For the initial source reduction and recycling element of a local waste management plan, the LGU waste characterization component shall identify the constituent materials which comprise the solid waste generated within the jurisdiction of the LGU. The information shall be representative of the solid waste generated and disposed of within that area. The constituent materials shall be identified by volume, percentage in weight or its volumetric equivalent, material type, and source of generation which includes residential, commercial, industrial, governmental, or other sources. Future revisions of waste characterization studies shall identify the constituent materials which comprise the solid waste disposed of at permitted disposal facilities.

Collection 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 100% 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: 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;

Segregation of different types of solid waste for re-use, recycling and composting; Hauling and transfer of solid waste from source or collection points to processing sites or final disposal sites;

Issuance and enforcement of ordinances to effectively implement a collection system in the barangay; and Provision 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.

Processing - The plan shall define the methods and the facilities required to process the solid waste, including the use of intermediate treatment facilities for composting, recycling, conversion and other waste processing systems. Other appropriate waste processing technologies may also be considered provided that such technologies conform with internationally-acceptable and other standards set in other laws and regulations.

Source reduction - The source reduction component shall include a program and implementation schedule which shows the methods by which the LGU will, in combination with the recycling and composting components, reduce a sufficient amount of solid waste disposed of in accordance with the diversion requirements of Section 20.

The source reduction component shall describe the following: strategies in reducing the volume of solid waste generated at source;

measures for implementing such strategies and the resources necessary to carry out such activities; other appropriate waste reduction technologies that may also be considered, provided that such technologies conform with the standards set pursuant to this Act;

the types of wastes to be reduced pursuant to Section15 of this Act; the methods that the LGU 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 of expansion of existing facilities which will be needed to implement re-use, recycling and composting.

The LGU source reduction component shall include the evaluation and identification of rate structures and fees for the purpose of reducing the amount of waste generated, and other source reduction strategies, including but not limited to, programs and economic incentives provided under Section 45 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 requirements, social concerns, disposition of residual waste and environmental impact: Provided, That, projection of future facilities needed and estimated cost shall be incorporated in the plan.

Recycling - The recycling component shall include a program and implementation schedule which shows the methods by which the LGU shall, in combination with the source reduction and composting components, reduce a sufficient amount of solid waste disposed of in accordance with the diversion requirements set in Section 20. The LGU recycling component shall describe the following: The types of materials to be recycled under the programs;

The methods for determining the categories of solid wastes to be diverted from disposal at a disposal facility through recycling; and New facilities and expansion of existing facilities needed to implement the recycling component.

The LGU recycling component shall describe 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. Each LGU 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 based 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 LGU 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 Waste Management Plan shall indicate the specific measures to be undertaken to meet the waste diversion specified under Section 20 of this Act.

Recommended revisions to the building ordinances, requiring 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 Waste Management Plan shall indicate the specific measures to be undertaken to meet the recycling goals pursuant to the objectives of this Act.

Composting - The composting component shall include a program and implementation schedule which shows the methods by which the LGU shall, in combination with the source reduction and recycling components, reduce a sufficient amount of solid waste disposed of within its jurisdiction to comply with the diversion requirements of Section 20 hereof.

The LGU composting component shall describe the following: The types of materials which will be composted under the programs;

The methods for determining the categories of solid wastes to be diverted from disposal at a disposal facility through composting; and New facilities, and expansion of existing facilities needed to implement the composting component.

The LGU 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. Each LGU may determine and grant a price preference to encourage the purchase of composted products.

Solid waste facility capacity and final disposal - The solid waste facility component shall include, but shall not be limited to, a projection of the amount of disposal capacity needed to accommodate the solid waste generated, reduced by the following: Implementation of source reduction, recycling, and composting programs required in this Section or through implementation of other waste diversion activities pursuant to Section20 of this Act;

Any permitted disposal facility which will be available during the 10-year planning period; and All disposal capacity which has been secured through an agreement with another LGU, or through an agreement with a solid waste enterprise.

The plan shall identify existing 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 existing 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 Secs. 41 and 42 of this Act.

Strategies shall be included to improve said existing sites to reduce adverse impact on health and the environment, and to extend life span and capacity. The plan shall clearly define projections for future disposal site requirements and the estimated cost for these efforts.

Open dump sites shall not be allowed as final disposal sites. If an open dump site is existing 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 Section 37 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 municipalities and/or cities. Sanitary landfills shall be designed and operated in accordance with the guidelines set under Secs. 40 and 41 of this Act.

Education and public information - The education and public information component shall describe how the LGU 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 DECS and the Commission on Higher Education shall ensure that waste management shall be incorporated in the curriculum of primary, secondary and college students.

Special waste - The special waste component shall include existing 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.

Resource requirement and funding - The funding component includes identification and description of project costs, revenues, and revenue sources the LGU will use to implement all components of the LGU solid waste management plan.

The plan shall likewise indicate specific projects, activities, equipment and technological requirements for which outside sourcing of funds or materials may be necessary to carry out the specific components of the plan. It shall define the specific uses for its resource requirements and indicate its costs. The plan shall likewise indicate how the province, city or municipality intends to generate the funds for the acquisition of its resource requirements. It shall also indicate if certain resource requirements 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 extended to the province, city or municipality as provided for in Section 45 of this Act.

Privatization of solid waste management projects - 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 projects 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 Section 45 hereof and other existing laws, policies and regulations; and Incentive programs - A program providing for incentives, cash or otherwise, which shall encourage the participation of concerned sectors shall likewise be included in the plan.

Section18. Owner and Operator. - Responsibility for compliance with the standards in this Act shall rest with the owner and/or operator. If specifically designated, the operator is considered to have primary responsibility for compliance; however, this does not relieve the owner of the duty to take all reasonable steps to assure compliance with these standards and any assigned conditions. When the title to a disposal is transferred to another person, the new owner shall be notified by the previous owner of the existence of these standards and of the conditions assigned to assure compliance.

Section19. Waste Characterization. - The Department, in coordination with the LGUs, 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 required to be managed as hazardous wastes under R.A. 6969, otherwise known as the Toxic Substances and Hazardous and Nuclear Wastes Control Act.

Section20. Establishing Mandatory Solid Waste Diversion. - Each LGU plan shall include an implementation schedule which shows that within five (5) years after the effectivity of this Act, the LGU shall divert at least 25% of all solid waste from waste disposal facilities through re-use, recycling, and composting activities and other resource recovery activities: Provided, That the waste diversion goals shall be increased every three (3) years thereafter: Provided, further, That nothing in this Section prohibits a local government unit from implementing re-use, recycling, and composting activities designed to exceed the goal.

ARTICLE 2

SEGREGATION OF WASTES

Section21. Mandatory Segregation of Solid Wastes. - The LGUs shall evaluate alternative roles for the public and private sectors in providing collection services, type of collection system, or combination of systems, that best meet their needs: Provided, That segregation of wastes shall primarily be conducted at the source, to include household, institutional, industrial, commercial and agricultural sources: Provided, further, That wastes shall be segregated into the categories provided in Section 22 of this Act.

For premises containing six (6) or more residential units, the local government unit shall promulgate regulations requiring the owner or person in charge of such premises to: 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 notify the occupants of such buildings of the requirements of this Act and the regulations promulgated pursuant thereto.

Section22. Requirements for the Segregation and Storage of Solid Waste. - The following shall be the minimum standards and requirements for segregation and storage of solid waste pending collection: 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 and designated area; and The solid waste container depending on its use shall be properly marked or identified for on-site collection as "compostable," "non-recyclable," "recyclable" or "special waste," or any other classification as may be determined by the Commission.

ARTICLE 3

COLLECTION AND TRANSPORT OF SOLID WASTES

Section23. Requirements for Collection of Solid Waste. - The following shall be the minimum standards and requirements for the collection of solid waste: All collectors and other personnel directly dealing with collection of solid waste shall be equipped with personal protective equipment to protect them from the hazards of handling solid wastes;

Necessary training shall be given to the collectors and personnel to ensure that the solid wastes are handled properly and in accordance with the guidelines pursuant to this Act; and Collection of solid waste shall be done in a manner which prevents damage to the container, and spillage or scattering of solid waste within the collection vicinity.

Section24. Requirements for the Transport of Solid Waste. - The use of separate collection schedules and/or separate trucks or haulers shall be required for specific types of wastes. Otherwise, vehicles used for the collection and transport of solid wastes shall have the appropriate compartments to facilitate efficient storing of sorted wastes while in transit.

Vehicles shall be designed to consider road size, condition and capacity to ensure the safe 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. For the purpose of identification, vehicles shall bear the body number, the name, and telephone number of the contractor/ agency collecting solid waste.

Section25. Guidelines for Transfer 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 (24) hours.

The siting of the transfer station shall consider the land use plan, proximity to collection area, and accessibility of haul routes to disposal facility. The 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

RECYCLING PROGRAM

Section26. Inventory of Existing Markets for Recyclable Materials. - The DTI shall, within six (6) months from the effectivity of this Act and in cooperation with the Department, the DILG and other concerned agencies and sectors, publish a study of existing markets for processing and purchasing recyclable materials and the potential steps necessary to expand these markets. Such study shall include, but not be limited to, an inventory of existing markets for recyclable materials, product standards for recyclable and recycled materials, and a proposal, developed in conjunction with the appropriate agencies, to stimulate the demand for the production of products containing post-consumer and recovered materials.

Section27. Requirement for Eco-Labeling. - The DTI shall formulate and implement a coding system for packaging materials and products to facilitate waste recycling and re-use.

Section28. Reclamation Programs and Buy-back Centers for Recyclables and Toxics. - The National Ecology Center shall assist LGUs in establishing and implementing deposit or reclamation programs in coordination with manufacturers, recyclers and generators to provide separate collection systems or convenient drop-off locations for recyclable materials and particularly for separated toxic components of the waste stream like dry cell batteries and tires to ensure that they are not incinerated or disposed of in a landfill. Upon effectivity of this Act, toxic materials present in the waste stream should be separated at source, collected separately, and further screened and sent to appropriate hazardous waste treatment and disposal plants, consistent with the provisions of R.A. No. 6969.

Section29. Non-Environmentally Acceptable Products. - Within one (1) year from the effectivity of this Act, the Commission shall, after public notice and hearing, prepare a list of non-environmentally acceptable products as defined in this Act that shall be prohibited according to a schedule that shall be prepared by the Commission: Provided, however, That non-environmentally acceptable products shall not be prohibited unless the Commission first finds that there are alternatives available which are available to consumers at no more than ten percent (10%) greater cost than the disposable product.

Notwithstanding any other provision to the contrary, this Section shall not apply to: Packaging used at hospitals, nursing homes or other medical facilities; and Any packaging which is not environmentally acceptable, but for which there is no commercially available alternative as determined by the Commission.

The Commission shall annually review and update the list of prohibited non-environmentally acceptable products. Section30.

Prohibition on the Use of Non-Environmentally Acceptable Packaging. - No person owning, operating or conducting a commercial establishment in the country shall sell or convey at retail or possess with the intent to sell or convey at retail any products that are placed, wrapped or packaged in or on packaging which is not environmentally acceptable packaging: Provided, That the Commission shall determine a phaseout period after proper consultation and hearing with the stakeholders or with the sectors concerned. The presence in the commercial establishment of non-environmentally acceptable packaging shall constitute a rebuttable presumption of intent to sell or convey the same at retail to customers.

Any person who is a manufacturer, broker or warehouse operator engaging in the distribution or transportation of commercial products within the country shall file a report with the concerned local government unit within one (1) year from the effectivity of this Act, and annually thereafter, a listing of any products in packaging which is not environmentally acceptable. The Commission shall prescribe the form of such report in its regulations.

A violation of this Section shall be sufficient grounds for the revocation, suspension, denial or non-renewal of any license for the establishment in which the violation occurs.

Section31. Recycling Market Development. - The Commission together with the National Ecology Center, the DTI and the Department of Finance shall establish procedures, standards and strategies to market recyclable materials and develop the local market for recycled goods, including but not limited to: 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;

guarantees by the national and local governments to purchase a percentage of the output of the facility; and maintaining a list of prospective buyers, establishing contact with prospective buyers and reviewing and making any necessary changes in collecting or processing the materials to improve their marketability.

In order to encourage establishment 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 arrange for long-term contracts to purchase a substantial share of the product output of a proposed facility which will be based in the jurisdiction of the local government unit if such facility will manufacture such finished products from post-consumer and recovered materials.

Section32. Establishment of LGU Materials Recovery Facility. - There shall be established a Materials Recovery Facility (MRF) in every barangay or cluster of barangays. The facility shall be established in a barangay-owned or -leased land or any suitable open space to be determined by the barangay through its Sanggunian. For this purpose, the barangay or cluster of barangays shall allocate a certain parcel of land for the MRF. The determination of site and actual establishment of the facility shall likewise be subject to the guidelines and criteria set pursuant to this Act. The MRF shall receive mixed waste for final sorting, segregation, composting, and recycling. The resulting residual wastes shall be transferred to a long-term storage or disposal facility or sanitary landfill.

Section33. Guidelines for Establishment of Materials Recovery Facility. - Materials recovery facilities shall be designed to receive, sort, process, and store compostable and recyclable material efficiently and in an environmentally sound manner. The facility shall address the following considerations: The building and/or land layout and equipment must be designed to accommodate efficient and safe materials processing, movement, and storage; and The building must be designed to allow efficient and safe external access and to accommodate internal flow.

ARTICLE 5

COMPOSTING Section34. Inventory of Markets for Composts. - Within six (6) months after the effectivity of this Act, the DA shall publish an inventory of existing markets and demands for composts. Said inventory shall thereafter be updated and published annually: Provided, That the composting of agricultural wastes, and other compostable materials, including but not limited to garden wastes, shall be encouraged.

Section35. Guidelines for Compost Quality. - Compost products intended to be distributed commercially shall conform with the standards for organic fertilizers set by the DA. The DA shall assist the compost producers to ensure that the compost products conform to such standards.

ARTICLE 6

WASTE MANAGEMENT FACILITIES

Section36. Inventory of Waste Disposal Facilities. -Within six (6) months from the effectivity of this Act, the Department, in cooperation with the DOH, DILG and other concerned agencies, shall publish an inventory of all solid waste disposal facilities or sites in the country.

Section37. Prohibition Against the Use of Open Dumps for Solid Waste. - No open dumps shall be established and operated, nor any practice or disposal of solid waste by any person, including LGUs, which constitutes the use of open dumps for solid waste, be allowed after the effectivity of this Act: Provided, That within three (3) years after the effectivity of this Act, every LGU shall convert its open dumps into controlled dumps, in accordance with the guidelines set in Section 41 of this Act: Provided, further, That no controlled dumps shall be allowed five (5) years following the effectivity of this Act.

Section38. Permit for Solid Waste Management Facility Construction and Expansion. - No person shall commence operation, including site preparation and construction of a new solid waste management facility or the expansion of an existing facility until said person obtains an Environmental Compliance Certificate (ECC) from the Department pursuant to P.D. 1586 and other permits and clearances from concerned agencies.

Section39. Guidelines for Controlled Dumps. - The following shall be the minimum considerations for the establishment of controlled dumps: Regular inert cover;

Surface water and peripheral site drainage control; Provision for aerobic and anaerobic decomposition; Restriction of waste deposition to small working areas;

Fence, including provision for litter control; Basic record-keeping; Provision of maintained access road; Controlled waste picking and trading;

Post-closure site cover and vegetation; and Hydrogeological siting. Section40. Criteria for Siting a Sanitary Landfill. - The following shall be the minimum criteria for the siting of sanitary landfills: The site selected must be consistent with the overall land use plan of the LGU;

The site must be accessible from major roadways or thoroughfares; The site should have an adequate quantity of earth cover material that is easily handled and compacted;

The site must be chosen with regard for the sensitivities of the community's residents; The site must be located in an area where the landfill's operation will not detrimentally affect environmentally sensitive resources such as aquifer, groundwater reservoir or watershed area;

The site should be large enough to accommodate the community's wastes for a period of five (5) years during which people must internalize the value of environmentally sound and sustainable solid waste disposal;

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;

Operating plans must include provisions for coordinating with recycling and resource recovery projects; and Designation of a separate containment area for household hazardous wastes.

Section41. Criteria for Establishment of Sanitary Landfill. - The following shall be the minimum criteria for the establishment of sanitary landfills: Liners - a system of clay layers and/or geosynthetic membranes used to contain leachate and reduce or prevent contaminant flow to groundwater;

Leachate collection and treatment system - installation of pipes at the low areas of the liner to collect leachate for storage and eventual treatment and discharge;

Gas control and recovery system - a series of vertical wells or horizontal trenches containing permeable materials and perforated piping placed in the landfill to collect gas for treatment or productive use as an energy source;

Groundwater monitoring well system - wells placed at an appropriate location and depth for taking water samples that are representative of groundwater quality;

Cover - two (2) forms of cover consisting of soil and geosynthetic materials to protect the waste from long-term contact with the environment: a daily cover placed over the waste at the close of each day's operations, and 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.

Closure procedure - with the objectives of establishing low maintenance cover systems and final cover that minimizes the infiltration of precipitation into the waste. Installation of the final cover must be completed within six (6) months of the last receipt of wastes; and Post-closure care procedure - During this period, the landfill owner shall be responsible for providing for the general upkeep of the landfill, maintaining all of the landfill's environmental protection features, operating monitoring equipment, remediating groundwater should it become contaminated and controlling landfill gas migration or emission.

Section42. Operating Criteria for Sanitary Landfills. - In the operation of a sanitary landfill, each site operator shall maintain the following minimum operating requirements: Disposal site records of, but not limited to: Records of weights or volumes accepted in a form and manner approved by the Department. Such records shall be submitted to the Department upon request, accurate to within ten percent (10%) and adequate for overall planning purposes and forecasting the rate of site filling;

Records of excavations which may affect the safe and proper operation of the site or cause damage to adjoining properties;

Daily log book or file of the following information: fires, landslides, earthquake damage, unusual and sudden settlement, injury and property damage, accidents, explosions, receipt or rejection of unpermitted wastes, flooding, and other unusual occurrences;

Record of personnel training; and Copy of written notification to the Department, local health agency, and fire authority of names, addresses and telephone numbers of the operator or responsible party of the site;

Water quality monitoring of surface and ground waters and effluent, and gas emissions; Documentation of approvals, determinations and other requirements by the Department;

Signs- Each point of access from a public road shall be posted with an easily visible sign indicating the facility name and other pertinent information as required by the Department;

If 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 charges and the general types of materials which will either be accepted or not;

If 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 Additional signs and/or measures may be required at a disposal site by the Department to protect personnel and public health and safety;

Monitoring of quality of surface, ground and effluent waters, and gas emissions; 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 Department. The Department may also require that other areas of the site be fenced to create an appropriate level of security;

Roads within the permitted facility boundary shall be designed to minimize the generation of dust and the tracking of material onto adjacent public roads. Such roads shall be kept in safe condition and maintained such that vehicle access and unloading can be conducted during inclement weather;

Sanitary facilities consisting of adequate number of toilets and hand washing facilities, shall be available to personnel at or in the immediate vicinity of the site;

Safe and adequate drinking water supply for the site personnel shall be available; The site shall have communication facilities available to site personnel to allow quick response to emergencies;

Where operations are conducted during hours of darkness, the site and/or equipment shall be equipped with adequate lighting as approved by the Department to ensure safety and to monitor the effectiveness of operations;

Operating and maintenance personnel shall wear and use appropriate safety equipment as required by the Department; Personnel assigned to operate the site shall be adequately trained in subject pertinent to the site operation and maintenance, hazardous materials recognition and screening, and heavy equipment operations, with emphasis on safety, health, environmental controls and emergency procedures. A record of such training shall be placed in the operating record;

The site operator shall provide adequate supervision of a sufficient number of qualified personnel to ensure proper operation of the site in compliance with all applicable laws, regulations, permit conditions and other requirements. The operator shall notify the Department 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 operating record;

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 Department;

Unloading 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. Waste materials shall normally be deposited at the toe of the fill, or as otherwise approved by the Department;

Solid waste shall be spread and compacted in layers with repeated passages of the landfill equipment to minimize voids within the cell and maximize compaction. The loose layer shall not exceed a depth approximately two feet before compaction. Spreading and compacting shall be accomplished as rapidly as practicable, unless otherwise approved by the Department;

Covered surfaces of the disposal area shall be graded to promote lateral runoff of precipitation and to prevent pounding. Grades shall be established of sufficient slopes to account for future settlement of the fill surface. Other effective maintenance methods may be allowed by the Department; and Cover 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

LOCAL GOVERNMENT SOLID WASTE MANAGEMENT

Section43. Guidelines for Identification of Common Solid Waste Management Problems. - For purposes of encouraging and facilitating the development of local government plans for solid waste management, the Commission shall, as soon as practicable but not later than six (6) months from the effectivity of this Act, publish guidelines for the identification of those areas which have common solid waste management problems and are appropriate units for clustered solid waste management services. The guidelines shall be based on the following: the size and location of areas which should be included;

the volume of solid waste which would be generated; the available means of coordinating local government planning between and among the LGUs and for the integration of such with the national plan; and possible lifespan of the disposal facilities.

Section44. Establishment of Common Waste Treatment and Disposal Facilities. - Pursuant to Section 33 of R.A. 7160, otherwise known as the Local Government Code, all provinces, cities, municipalities and barangays, through appropriate ordinances, are hereby mandated to consolidate, or coordinate their efforts, services, and resources for purposes of jointly addressing common solid waste management problems and/or establishing common waste disposal facilities.

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

CHAPTER IV

INCENTIVES Section45. Incentives. - Rewards, monetary or otherwise, shall be provided to individuals, private organizations and entities, including nongovernment organizations, that have undertaken outstanding and innovative projects, technologies, processes and techniques or activities in re-use, recycling and reduction. Said rewards shall be sourced from the Fund herein created.

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

Fiscal Incentives - Consistent with the provisions of E.O. 226, otherwise known as the Omnibus Investments Code, the following tax incentives shall be granted: Tax and Duty Exemption on Imported Capital Equipment and Vehicles - Within ten (10) years upon effectivity of this Act, LGUs, enterprises or private entities shall enjoy tax and duty-free importation of machinery, equipment, vehicles and spare parts used for collection, transportation, segregation, recycling, re-use and composting of solid wastes: Provided, That the importation of such machinery, equipment, vehicle and spare parts shall comply with the following conditions: They are not manufactured domestically in sufficient quantity, of comparable quality and at reasonable prices;

They are reasonably needed and will be used actually, directly and exclusively for the above mentioned activities; The approval of the Board of Investment (BOI) of the DTI for the importation of such machinery, equipment, vehicle and spare parts.

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

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

Tax and Duty Exemption of Donations, Legacies and Gift - All legacies, gifts and donations to LGUs, enterprises or private entities, including NGOs, for the support and maintenance of the program for effective solid waste management shall be exempt from all internal revenue taxes and customs duties, and shall be deductible in full from the gross income of the donor for income tax purposes.

Non-Fiscal Incentives - LGUs, enterprises or private entities availing of tax incentives under this Act shall also be entitled to applicable non-fiscal incentives provided for under E.O. 226, otherwise known as the Omnibus Investments Code.

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

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

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

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

CHAPTER V

FINANCING SOLID WASTE MANAGEMENT

Section46. Solid Waste Management Fund. - There is hereby created, as a special account in the National Treasury, a Solid Waste Management Fund to be administered by the Commission. Such fund shall be sourced from the following: Fines and penalties imposed, proceeds of permits and licenses issued by the Department under this Act, donations, endowments, grants and contributions from domestic and foreign sources; and Amounts specifically appropriated for the Fund under the annual General Appropriations Act.

The Fund shall be used to finance the following: products, facilities, technologies and processes to enhance proper solid waste management;

awards and incentives; research programs; information, education, communication and monitoring activities; technical assistance; and capability building activities.

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

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

In no case, however, shall the Fund be used for the creation of positions or payment of salaries and wages. Section47. Authority to Collect Solid Waste Management Fees.

- 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: types of solid waste;

amount/volume of waste; and distance of the transfer station to the waste management facility. The fees shall be used to pay the actual costs incurred by the LGU in collecting the local fees. In determining the amounts of the fees, an LGU shall include only those costs directly related to the adoption and implementation of the plan and the setting and collection of the local fees.

CHAPTER VI

PENAL PROVISIONS

Section48. Prohibited Acts. - The following acts are prohibited: Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros or parks, and establishment, or causing or permitting the same;

Undertaking activities or operating, collecting or transporting equipment in violation of sanitation operation and other requirements or permits set forth in or established pursuant to this Act;

The open burning of solid waste; Causing or permitting the collection of non-segregated or unsorted waste; Squatting in open dumps and landfills;

Open dumping, burying of biodegradable or non-biodegradable materials in flood-prone areas; Unauthorized removal of recyclable material intended for collection by authorized persons;

The mixing of source-separated recyclable material with other solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal;

Establishment or operation of open dumps as enjoined in this Act, or closure of said dumps in violation of Section 37; The manufacture, distribution or use of non-environmentally acceptable packaging materials;

Importation of consumer products packaged in non-environmentally acceptable materials; Importation of toxic wastes misrepresented as "recyclable" or "with recyclable content";

Transport and dumping in bulk of collected domestic, industrial, commercial and institutional wastes in areas other than centers or facilities prescribed under this Act;

Site preparation, construction, expansion or operation of waste management facilities without an Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and this Act and not conforming with the land use plan of the LGU;

The construction of any establishment within two hundred (200) meters from open dumps or controlled dumps, or sanitary landfills; and The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir or watershed area and or any portions thereof.

Section49. Fines and Penalties. - Any person who violates Section48, paragraph (1) shall, upon conviction, be punished with a fine of not less than Three hundred pesos (P300) but not more than One thousand pesos (P1,000) or render community service for not less than one (1) day to not more than fifteen (15) days to an LGU where such prohibited acts are committed, or both;

Any person who violates Section48, pars. (2) and (3), shall, upon conviction, be punished with a fine of not less than Three hundred pesos (P300) but not more than One thousand pesos (P1,000) or imprisonment of not less than one (1) day to not more than fifteen (15) days, or both;

Any person who violates Section 48, pars. (4), (5), (6), and (7) shall, upon conviction, be punished with a fine of not less than One thousand pesos (P1,000) but not more than Three thousand pesos (P3,000) or imprisonment of not less than fifteen (15) days but not more than six (6) months, or both;

Any person who violates Section48, pars. (8), (9), (10) and (11) for the first time shall, upon conviction, pay a fine of Five hundred thousand pesos (P500,000) plus an amount not less than five percent (5%) but not more than ten percent (10%) of his net annual income during the previous year.

The additional penalty of imprisonment of a minimum period of one (1) year, but not to exceed three (3) years at the discretion of the court, shall be imposed for second or subsequent violations of Section 48, paragraphs (9) and (10).

Any person who violates Section48, pars. (12) and (13), shall, upon conviction, be punished with a fine of not less than Ten thousand pesos (P10,000) but not more than Two hundred thousand pesos (P200,000) or imprisonment of not less than thirty (30) days but not more than three (3) years, or both;

Any person who violates Section48, pars. (14), (15) and (16) shall, upon conviction, be punished with a fine not less than One hundred thousand pesos (P100,000) but not more than One million pesos (P1,000,000), or imprisonment not less than one (1) year but not more than six (6) years, or both.

If the offense is committed by a corporation, partnership, or other juridical entity duly organized in accordance with law, the chief executive officer, president, general manager, managing partner or such other officer-in-charge shall be liable for the commission of the offense penalized under this Act.

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

The fines herein prescribed shall be increased by at least ten percent (10%) every three (3) years to compensate for inflation and to maintain the deterrent function of such fines.

Section50. Administrative Sanctions. - Local government officials and officials of government agencies concerned who fail to comply with and enforce rules and regulations promulgated relative to this Act shall be charged administratively in accordance with R.A. No. 7160 and other existing laws, rules and regulations.

CHAPTER VII

MISCELLANEOUS PROVISIONS

Section51. Mandatory Public Hearings. - Mandatory public hearings for the national framework and local government solid waste management plans shall be undertaken by the Commission and the respective Boards in accordance with the process to be formulated in the implementing rules and regulations.

Section52. Citizen Suits. - For 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: Any person who violates or fails to comply with the provisions of this Act or its implementing rules and regulations; or The Department or other implementing agencies with respect to orders, rules and regulations issued inconsistent with this Act; and/or Any public officer who willfully or grossly neglects the performance of an act specifically enjoined 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, however, That no suit can be filed until after thirty-day (30) notice has been given to the public officer and the alleged violator concerned and no appropriate action has been taken thereon.

The Court shall exempt such action from the payment of filing fees and shall, likewise, upon prima facie showing of the non-enforcement or violation complained of, exempt the plaintiff from the filing of an injunction bond for the issuance of a preliminary injunction.

In the event that the citizen should prevail, the Court shall award reasonable attorney's fees, moral damages and litigation costs as appropriate.

Section53. Suits and Strategic Legal Action Against Public Participation (SLAPP) and the Enforcement of this Act. -Where a suit is brought against a person who filed an action as provided in Section52 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 exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert undue pressure or stifle such legal recourses of the person complaining of or enforcing the provisions of this Act. Upon 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, there being no grave abuse of authority, and done in the course of enforcing this Act.

Section54. Research on Solid Waste Management. - The Department, 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 of researches, experiments, and other studies on solid waste management, particularly those relating to: adverse health effects of the release into the environment of materials present in solid wastes, and methods to eliminate said effects;

the operation and financing of solid waste disposal programs; the planning, implementation and operation of resource recovery and resource conservation systems;

the production of usable forms of recovered resources, including fuel from solid waste; 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;

improvements in land disposal practices for solid waste (including sludge); and development of new uses of recovered resources and identification of existing or potential markets of recovered resources.

In carrying out solid waste researches and studies, the Secretary of the Department or the authorized representative may make grants or enter into contracts with government agencies, nongovernment organizations and private persons.

Section55. Public Education and Information. - The Commission shall, in coordination with DECS, TESDA, CHED, DILG and PIA, conduct a continuing education and information campaign on solid waste management. Such education and information program shall: Aim to develop public awareness of the ill-effects of and the community-based solutions to the solid waste problem;

Concentrate 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 composting of solid waste; and Encourage the general public, accredited NGOs and people's organizations to publicly endorse and patronize environmentally acceptable products and packaging materials.

Section56. Environmental Education in the Formal and Non-formal Sectors. - The national government, through the DECS and in coordination with concerned government agencies, NGOs 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 composting, in order to promote environmental awareness and action among the citizenry.

Section57. Business and Industry Role. - The Commission shall encourage commercial and industrial establishments, through appropriate incentives other than tax incentives, to initiate, participate and invest in integrated ecological solid waste management projects, 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.

Section58. Appropriations. - For the initial operating expenses of the Commission and the National Ecology Center as well as the expenses of the local government units to carry out the mandate of this Act, the amount of Twenty million pesos (P20,000,000) is hereby appropriated from the Organizational Adjustment Fund on the year this Act is approved. Thereafter, it shall submit to the Department of Budget and Management its proposed budget for inclusion in the General Appropriations Act.

Section59. Implementing Rules and Regulations (IRR). - The Department, in coordination with the Committees on Environment and Ecology of the Senate and House of Representatives, respectively, the representatives of the Leagues of Provinces, Cities, Municipalities and Barangay Councils, the MMDA 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 Department, pursuant to the provisions of this Act.

The draft of the IRR shall be published and be the subject of public consultations with affected sectors. It shall be submitted to the Committees on Environment and Ecology of the Senate and House of Representatives, respectively, for review before approval by the Secretary.

Section60. Joint Congressional Oversight Committee. - There is hereby created a Joint Congressional Oversight Committee to monitor the implementation of the Act and to oversee the functions of the Commission. The Committee shall be composed of five (5) Senators and five (5) Representatives to be appointed by the Senate President and the Speaker of the House of Representatives, respectively. The Oversight Committee shall be co-chaired by a Senator and a Representative designated by the Senate President and the Speaker of the House of Representatives, respectively.

Section 61. Abolition of the Presidential Task Force on Waste Management and the Project Management Office on Solid Waste Management.

- The Presidential Task Force on Waste Management which was created by virtue of Memorandum Circular No. 39 dated November 2, 1987, as amended by Memorandum Circular No. 39A and 88 is hereby abolished. Further, pursuant to Administrative Order No. 90 dated October 19, 1992, the Project Management Office on Solid Waste Management is likewise hereby abolished. Consequently, their powers and functions shall be absorbed by the Commission pursuant to the provisions of this Act.

Section62. Transitory Provision. - Pending the establishment of the framework under Section 15 hereof, plans under Section 16 and promulgation of the IRR under Section 59 of this Act, existing laws, regulations, programs and projects 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.

Section63. Report to Congress. - The Commission shall report to Congress, not later than March 30 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.

Section64. Separability Clause. - If 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.

Section65. 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.

Section66. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

Approved, (Sgd.) AQUILINO Q. PIMENTEL JR. (Sgd.) ARNULFO P. FUENTEBELLA. President of the Senate Speaker of the House of Representatives This Act which is a consolidation of House Bill No. 10651 and Senate Bill No. 1595 was finally passed by the House of Representatives and the Senate on December 20, 2000and December 12, 2000, respectively.

(Sgd.) LUTGARDO B. BARBO (Sgd.) ROBERTO P. NAZARENO Secretary of the Senate Secretary General House of Representatives Approved: January 26, 2001 (Sgd.) JOSEPH E. ESTRADA President of the Philippines