Ecological Solid Waste Management Act of 2000

Section 4

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 eight (8) members from the government sector and five (5) members from the private sector. The government sector shall be represented by the heads of the following agencies in their ex officio capacity: (1) Department of Environment and Natural Resources (DENR); (2) Department of the Interior and Local Government (DILG); (3) Department of Science and Technology (DOST); (4) Department of Health (DOH); (5) Department of Trade and Industry (DTI); (6) Department of Agriculture (DA); (7) Metro Manila Development Authority (MMDA); and (8) Union of Local Authorities of the Philippines. The private sector shall be represented by the following: (a) Three (3) representatives from nongovernment organizations (NGOs) with a track record on solid waste management or waste reduction, recycling and resource recovery; (b) A representative from the recycling, composting, or resource recovery and processing industry; and (c) A representative from the manufacturing industry, packaging industry, or obliged enterprises; 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 private sector 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. (as amended by RA No 11898)

Section 5

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: (a) Prepare the national solid waste management framework; (b) Approve local solid waste management plans in accordance with its rules and regulations; (c) Review and monitor the implementation of local solid waste management plans; (d) Coordinate the operation of local solid waste management boards in the provincial and city/municipal levels; (e) 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; (f) 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; (g) Adopt a program to provide technical and other capability building assistance and support to local government units in the development and implementation of source reduction programs; (h) 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; (i) Develop a mechanism for the imposition of sanctions for the violation of environmental rules and regulations; (j) Manage the Solid Waste Management Fund; (k) Develop and prescribe procedures for the issuance of appropriate permits and clearances; (l) Review the incentives scheme for effective solid waste management, for purposes of ensuring relevance and efficiency in achieving the objectives of this Act; (m) Formulate the necessary education promotion and information campaign strategies; (n) 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; (o) 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; (p) 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; (q) Encourage private sector initiatives, community participation and investments resource recovery-based livelihood programs for local communities; (r) Encourage all local government agencies and all local government units to patronize products manufactured using recycled and recyclable materials; (s) 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 (t) Study and review the following: (i) Standards, criteria and guidelines for the promulgation and implementation of an integrated national solid waste management framework; and (ii) Criteria and guidelines for siting, design, operation and maintenance of solid waste management facilities.

Section 6

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 Sec. 4 of this Act, they may designate permanent representatives to attend the meetings.

Section 7

There shall be established a National Ecology Center (NEC) under the Commission which shall provide technical expertise, information, training, and networking services for the implementation of the provisions of this Act. As part of its oversight function, the NSWMC shall have direct supervision over the NEC. In this regard, the NEC shall perform the following functions: (a) Facilitate training and education in integrated ecological solid waste management; (b) Establish and manage a solid waste management information database, in coordination with the DTI and other concerned agencies: (1) on solid waste generation and management techniques as well as the management, technical and operational approaches to resource recovery; (2) of processors/recyclers, the list of materials being recycled or bought by them and their respective prices; and (3) on the rate of recovery of each type of plastic waste, updated semi-annually; (c) Promote the development of a recycling market through the establishment of a national network that will enhance the opportunity to recycle; (d) Maintain an EPR Registry that contains the registered EPR programs submitted by obliged enterprises or Producer Responsibility Organizations (PROs); (e) Monitor and evaluate the compliance of obliged enterprises and PROs, with the registration of their EPR programs; (f) Develop and maintain a database, which includes digital formats, subject to the provisions of Section 44-G, and ensure that it is rehable, effective, secure, transparent, and accessible to the public; (g) Receive sampling and assessment reports submitted pursuant to second paragraph of Section 44-H and undertake the necessary action on such reports, or complaints from any citizen against a waste generator, an obliged enterprises, PRO, or waste management entity, for the purpose of improving compliance with the law; (h) Provide or facilitate expert assistance in pilot modeling of solid waste management facilities; (i) Develop, test, and disseminate model on waste minimization and reduction auditing procedures for evaluating options; and (j) Within one (1) year after the effectivity of the Extended Producer Responsibility Act of 2022, provide an assessment on the volume or footprint of other generated wastes, for priority inclusion in the EPR scheme. The National Ecology Center shall be headed by the Assistant Director of the Bureau in his/her ex officio capacity. The Assistant Director shall regularly submit reports as may be required by the NSWMC in its monthly meetings. The reports of the NEC shall be consolidated by the NSWMC Secretariat for submission to the NSWMC. The NEC 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. (as amended by RA No 11898)

Section 8

For the furtherance of the objectives of this Act, the Department shall have the following functions: (a) Chair the Commission created pursuant to this Act; (b) Prepare an annual National Solid Waste Management Status Report; (c) Prepare and distribute information, education and communication materials on solid waste management; (d) Establish methods and other parameters for the measurement of waste reduction, collection and disposal; (e) 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; (f) Recommend policies to eliminate barriers to waste reduction programs; (g) Exercise visitorial and enforcement powers to ensure strict compliance with this Act; (h) Perform such other powers and functions necessary to achieve the objectives of this Act; and (i) Issue rules and regulations to effectively implement the provisions of this Act.

Section 9

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.

Section 10

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.

Section 11

A Provincial Solid Waste Management Board shall be established in every province, to be chaired by the governor. Its members shall include: (a) All the mayors of its component cities and municipalities; (b) 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; (c) The provincial health and/or general services officers, whichever may be recommended by the governor; (d) The provincial environment and natural resources officer; (e) The provincial engineer; (f) Congressional representative/s from each congressional district within the province; (g) A representative from the NGO sector whose principal purpose is to promote recycling and the protection of air and water quality; (h) A representative from the recycling industry; (i) A representative from the manufacturing or packaging industry; and (j) 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: (i) All mayors of its component cities and municipalities; (ii) A representative from the NGO sector whose principal purpose is to promote recycling and the protection of air and water quality; (iii) A representative from the recycling industry; and (iv) 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: (1) 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. (2) Provide the necessary logistical and operational support to its component cities and municipalities in consonance with subsection (f) of Sec. 17 of the Local Government Code; (3) Recommend measures and safeguards against pollution and for the preservation of the natural ecosystem; (4) Recommend measures to generate resources, funding and implementation of projects and activities as specified in the duly approved solid waste management plans; (5) 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; (6) Coordinate the efforts of the component cities and municipalities in the implementation of the Provincial Solid Waste Management Plan; (7) Develop an appropriate incentive scheme as an integral component of the Provincial Solid Waste Management Plan; (8) 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; (9) Represent any of its component city or municipality in coordinating its resource and operational requirements with agencies of the national government; (10) Oversee the implementation of the Provincial Solid Waste Management Plan; (11) 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 (12) Allow for the clustering of LGUs for the solution of common solid waste management problems.

Section 12

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: (a) 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; (b) President of the Association of Barangay Councils in the municipality or city; (c) Chairperson of the Sangguniang Kabataan Federation; (d) A representative from NGOs whose principal purpose is to promote recycling and the protection of air and water quality; (e) A representative from the recycling industry; (f) A representative from the manufacturing or packaging industry; and (g) A representative of each concerned government agency possessing relevant technical and marketing 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: (1) 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; (2) Adopt measures to promote and ensure the viability and effective implementation of solid waste management programs in its component barangays; (3) 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; (4) Adopt specific revenue-generating measures to promote the viability of its Solid Waste Management Plan; (5) Convene regular meetings for purposes of planning and coordinating the implementation of the solid waste management plans of the respective component barangays; (6) Oversee the implementation of the City or Municipal Solid Waste Management Plan; (7) 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; (8) Develop the specific mechanics and guidelines for the implementation of the City or Municipal Solid Waste Management Plan; (9) 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. 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; (10) Provide the necessary logistical and operational support to its component cities and municipalities in consonance with subsection (f) of Sec. 17 of the Local Government Code; (11) Recommend measures and safeguards against pollution and for the preservation of the natural ecosystem; and (12) Coordinate the efforts of its component barangays in the implementation of the city or municipal Solid Waste Management Plan.

Section 13

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.