final report report no: 6 laws and regulations metro manila

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Republic of the Philippines Department of Environment and Natural Resources Asian Development Bank

Final Report Report No: 6 Laws and Reg September 2003

METRO MANILA SOLID WASTE MANAGEMENT PROJECT (TA 3848-PHI)

AEA Technology In Asso

ulations

ciation With GlobalWorks • CalRecovery • ENR Consultants

METRO MANILA SOLID WASTE

MANAGEMENT PROJECT (TA 3848)

FINAL REPORT

REPORT No: 6

LAWS AND REGULATIONS

Project Team

Neil Varey, AEA Technology, Project Director Luis F. Diaz, CalRecovery, Inc., Technical Team Leader

Nick Allen, GlobalWorks, Disposal

Levi Buenafe, GlobalWorks, Institutional Horace Crowe, AEA Technology, Institutional Luis Diaz, CalRecovery, Inc., Medical Waste

Linda Eggerth, CalRecovery, Inc., Community Awareness Grace Favila, ENR Consultants, Community Awareness

Manjit Kahlon, AEA Technology, Solid Waste Roger Lopez, ENR Consultants, Social Agnes Palacio, GlobalWorks, Financial

Richard Pook, AEA Technology, Financial Reynor Rollan, ENR Consultants, Disposal Joey Sta. Ana, GlobalWorks, Solid Waste

September 2003

TABLE OF CONTENTS

EXECUTIVE SUMMARY iv 1. Introduction 1 2. National and Metro Manila 1 2.1 List of Laws, Regulations, Decrees, Department Orders and Codes. 1

2.2 Review of Relevant Solid Waste Legislation 3

2.3 General Observations 7

2.4 Major RA 9003 Implementation Challenges 9

3. LGU’s in Metro Manila 13 4. Disposal 13 5. Medical Waste 14 6. Recomendations 16 6.1 Major Concerns 17

6.2 Major Recommendations 17

Annex 1Review of Laws & Regulations (Institutional Impact Assessment) 19 Annex 2 LGU SWM Ordinances 33 Annex 3 Waste Disposal Legislation Review 35

Laws and Regulations Report No: 6 AEA Technology

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ADB TA 3848-PHI: Metro Manila Solid Waste Management Project Final Report

EXECUTIVE SUMMARY Introduction Laws and regulations in the Philippines about the environment, sanitation, health and waste management, and clean air occur in a massive abundance. In addition there are Executive Orders, Department Orders, Presidential Decrees, Regulations and Ordinances with cities and municipalities also having their own ordinances on environmental issues; littering, clean and green, street sweeping, health, though few specifically focus on solid waste management. As a result there is often confusion, perceived conflicts between laws and regulations and navigation through them is difficult especially when attempting to link clauses and provisions in a beneficial regulatory framework. For example the Sanitation Code, the Local Government Code and RA 9003 all contain complimentary clauses and provisions describing the waste management services that LGU’s must offer and perform, and provide the means to fund these services. Yet it is apparent that LGU’s and other stakeholders are now primarily focused on the implementation of RA 9003, which though it is the correct path, the other laws and regulations could provide support and make the implementation process smoother and easier. The major issue has and continues to be implementation, which has only been exacerbated by the comprehensiveness and complexity of RA 9003 and its IRR's. These are overwhelming some LGU’s and most barangays. The failure to fully implement appears to be further compounded by lack of public understanding and knowledge, and most importantly the limited public participation has inhibited the process and continues to contribute to the “garbage crisis”. Legislative Review The prime aim was to review the existing and current situation of laws and regulations, from an institutional and regulatory perspective, that cover waste management including medical waste management and disposal. It was discovered that whilst some regulations have been suspended replacement legislation is still being considered or enacted, leaving a legislative vacuum particularly in the regulation, monitoring and enforcement of medical waste management. The principal focus however is RA 9003, which as stated is “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 therefore, and . . . RA 9003 and its IRR’s is a comprehensive yet very complex law, and specifies roles and responsibilities for new stakeholders such as every barangay in the country. These barangay’s for instance in the main were not previously involved directly in solid waste management. They relied on the city/municipal government and MMDA to “take care of it”, which these two entities did. Now however, many of these stakeholders appear to have been taken by surprise with their entirely new roles and responsibilities, and are still trying to cope. Even the national agencies are having difficulties due to resource and budget constraints. The Ecological Solid Waste Management Act of 2000 and its IRR’s provide very comprehensive legislation, building on previous laws and regulations, to regulate, monitor and enforce necessary and timely clauses and provisions on solid waste management to address the garbage crises in Metro Manila and the country. However, the timetable for implementation is behind schedule, source reduction and segregation are only happening at an individual barangay level or not at all, there is little


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or no active public participation or understanding or interest, and probably most significantly the Solid Waste Management Fund (Section 46, RA 9003) has not been set-aside. The review of SWM legislation covers 10 legislative acts and six administrative/executive proclamations issued between 1938 and 2002, and focuses on institutional and non-technical matters. The documents assessed comprise five Republic Acts, one Commonwealth Act, three Presidential Decrees, three Administrative Orders of the Department of Environment and Natural Resources (DENR), one DENR Memorandum Circular, one Executive Order and two MMDA Regulations. General observations on the state of legislation concerning solid waste management is made comparing the earlier issuances, such as Presidential Decrees in the ‘70s, which encompassed most pollution and waste management issues in a single issuance. To the ‘Code on Sanitation’ (1976) through to today, where air and solid wastes are covered by their respective comprehensive Republic Acts complete with priorities, organizational linkages, permitting and enforcement procedures, and income-earning provisions for sustainability. Technical Regulatory Requirements The recent initiatives to enhance technical regulations relating to waste disposal, primarily focusing on dumpsite and sanitary landfill (SLF) location, design and operation are also discussed with key provisions identified alongside implementation timescales.


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1. Introduction There is a plethora of laws and regulations in the Philippines on the environment, health and sanitation, waste management and clean air. These are exacerbated by Executive Orders, (EO’s); Department Orders; Presidential Decrees; Circulars and Ordinances. The cities and municipalities also issue their own ordinances on all sorts of environmental concerns, from littering and street sweeping to health and the clean and green movement. Until recently, with the passage of the Ecological Solid Waste Management Act of 2000 (RA 9003), few had ordinances specifically focused on solid waste management. This situation can result in confusion and perceived conflicts between the various laws and regulations, making it difficult to craft a consistent, comprehensive and beneficial regulatory framework. The following review and analysis of solid waste management (SWM) legislation covers 10 legislative acts and six administrative/executive proclamations issued between 1938 and 2002. The documents assessed comprise five Republic Acts, one Commonwealth Act, three Presidential Decrees, three Administrative Orders of the Department of Environment and Natural Resources (DENR), one DENR Memorandum Circular, one Executive Order and two Regulations of the Metro Manila Development Authority. The overarching considerations in reviewing these documents are:

• That they contain relevant provisions that impact on solid waste management practices in the Philippines;

• That they have different requirements and/or different enforcement provisions from each other, and

• That they are all still in effect, except those which have been specifically superseded by the Ecological Solid Waste Management Act of 2000 (RA 9003) and the Clean Air Act.

The review addresses SWM laws and regulations largely from an institutional perspective. Reviews from a more technical perspective are included in Annex 3 for SWM/Disposal and in Annex 4 for Medical Waste, although both the Medical Waste Report, Report No 11 Section 3 and the Waste Disposal Report, Report No: 4 Sections 3.2-3.3 also review the pertinent legislation. This Report seeks to underscore the critical dimensions of current legislation in the light of RA 9003 and the implementation issues involved in the effort to develop a plan of action as well as milestones to get the crucial clauses and provisions of RA 9003 back on track. 2. National and Metro Manila 2.1 List of Laws, Regulations, Decrees, Department Orders and Codes. The primary focus of this review on legislation is RA 9003, together with the associated Implementing Rules and Regulations (IRR’s). The following list of laws and regulatory issuances is intended to provide an overview of the extent of the legislative framework affecting SWM in the country. They are listed in no particular order of date or importance.

1. Ecological Solid Waste Management Act of 2000, RA 9003 (and associated Implementing Rules & Regulations (IRR’s)

2. Philippine Clean Air Act, RA 8749, 1999

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3. MMDA Regulation No. 98-008, Regulating the Management, Collection and Disposal of Hospital Waste and Those of Similar Institutions in Metropolitan Manila, 1991

4. MMDA Regulation No. 99-004, Regulation Governing Proper Refuse Management at Source in Metro Manila Area and for Other Purposes, 1999

5. DENR Administrative Order No. 50, Adopting the Landfill Site Identification and Screening Criteria for Municipal Solid Waste Disposal Facilities, Series of 1998

6. DENR Administrative Order No. 98-49, Technical Guidelines for Municipal Solid Waste Disposal, 1998

7. MMDA Regulation No. 96-009, Prohibiting Littering/Dumping of Garbage, Rubbish or Any Kind of Waste in Open or Public Places, 1996

8. An Act Creating the Metropolitan Development Authority, RA 7924, March 1995 9. Memorandum Circular No. 39A, Amending MC No. 39A, Dated January 19, 1988, By

Reconstituting the Presidential Task Force on Waste Management, 1994 10. DENR AO No. 90, Series of 1993, Creating a Project Management Office on SWM Under

the Presidential Task Force on Waste Management, 1993 11. The Local Government Code of 1991, Section 17, Basic Services 12. An Act Creating the Laguna Lake Development Authority Prescribing its Powers, Functions,

and Duties, Providing Funds Thereof, and for Other Purposes, RA 4850, 1966 13. Exec. Order 927, Further Defining Certain Functions and Powers of the Laguna Lake

Development Authority, 1983 14. Presidential Decree (PD) No. 1150, Investing in Barangay Captains To Enforce Pollution

and Environmental Control Laws 15. PD No. 825, Providing Penalty for Improper Disposal of Garbage and Other Forms of

Uncleanliness and for Other Purposes, 1997 16. PD No. 856, Code on Sanitation, 1976 17. PD No. 600, Prevention and Control of Marine Pollution, 1974 18. An Act Creating the National Water and Air Pollution Control Commission, RA 3931, 1964 19. Commonwealth Act No. 383, An Act to Punish Dumping in Any River of Refuse, Waste

Matter or Substances (consultants copy not dated) 20. An Act to Control Toxic Substances & Hazardous & Nuclear Wastes, Providing Penalties for

Violations Thereof, & for Other Purposes, RA 6969, 1990 21. RA 6969, An Act to Control Toxic Substances & Hazardous & Nuclear Wastes,

Providing Penalties for Violations Thereof, & for Other Purposes, 1938 22. MMDA Resolution No. 02 35, Urging the Local Government Units of Metropolitan Manila

through the Respective City/Municipal Councils to Enact a Uniform Ordinance Adopting Guidelines and Procedures for Unified Approach on Solid Waste Management in Their Areas of Jurisdiction, August 29, 2002

23. Resolution No. 01, NSWMC, Delegation of Certain Functions of the NSWMC Chairman to the DENR Regional Executive Directors and Prescribing Appropriate Permits and Clearances for Solid Waste Management Facilities, April 2002


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2.2 Review of Relevant Solid Waste Legislation This is a brief commentary on legislation affecting SWM with Annex 1 providing a more detailed assessment of each law and regulation, including more information on roles and responsibilities of various agencies and bodies, issues, conflicts and inconsistencies, and complementation. Commonwealth Act 383 This is one of the earliest legislations to address environmental pollution in the country. Its specific provision on solid waste focuses on dumping in rivers that may cause the rise of water level or blockage of the stream. Republic Act 3931 It declared as a national policy the maintenance of reasonable standards of air and water purity in the country, A National Water and Air Pollution Control Commission was created to provide technical and scientific services as well as to conduct scientific research in the pursuit of a clean environment. Presidential Decree No. 600 It enunciated a national policy to prevent and control dumping of wastes on the seas. Various provisions make it unlawful to discharge oil and other wastes on navigable waters and set penalties for violations. The Philippine Coast Guard was tasked to implement the law. Code on Sanitation This Presidential proclamation sets out specific measures by which offices and business establishments could comply with hygiene standards affecting water supply to hotels and massage parlours. The then Ministry of Health was designated as the lead implementing agency. Among the responsibilities vested in the Health Minister was the promulgation of rules and regulations for the control and prevention of pollution from pesticides and heavy metal and food contamination from chemicals, biological agents and/or radioactive substances, among others. The Code also vested in the local governments the collection and disposal of sewage as well as the disposal and drainage of excreta. The City and municipal governments were also responsible for the establishment and maintenance of an efficient and safe waste drainage system. In light of more recent legislations, the Sanitation Code did not provide for complementation among concerned agencies. The Code also had no provisions for the control of pollution in water bodies.

Presidential Decree 825 All citizens as well as commercial establishments and academic institutions were made responsible for the cleanliness of their surroundings. Furthermore, owners of idle lots must clean their properties at their own expense. Violators shall be meted fines or imprisonment. The Department of Public Works, Transportation and Communication, in cooperation with health officers and LGU instruments, was the lead implementing agency. Similar to other legislations of its time, P. D. 825 did not provide for complementation among concerned agencies, and authority emanated from the top in contrast to more currently favoured approach of inter-agency coordination.


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Presidential Decree 1150 Its most salient provision was deputizing barangay captains, or community leaders, to arrest violators in the course of enforcing the pollution and environmental laws. A basic liability of the Decree was its failure to address coordination with the local police force. Executive Order 927 This issuance expanded the powers and functions of the Laguna Lake Development Authority (LLDA), the lead agency responsible for the development of the Laguna Lake, the fresh water body nearest Metro Manila. The provision relevant to SWM grants LLDA with the power to formulate and enforce compliance standards and procedures in the issuance of permits for the disposal of sewage and industrial wastes into Laguna Lake. It also authorizes LLDA representatives to enter private properties that show signs of pollution or impending pollution. E.O. 927 demonstrated the government’s strong concern about water pollution. Earlier legislations appeared to give more weight to issues regarding land-based wastes and air pollution. The Local Government Code of 1991 This landmark Code effectively devolved a number of vital functions from the national government to the local government units (LGUs) from the provincial level down to the barangay, or community, the smallest unit of governance in the country. In light of the highly politicised nature of Philippine governance, the Code entailed a grant of autonomy for LGUs to assume specific functions and pursue development agendas as the local government sees fit. In the provision of SWM services, the Local Government Code devolved the functions and responsibilities in the following manner:

1. To the barangay, general hygiene and sanitation, beautification and solid waste collection; 2. To a municipality, solid waste disposal system or environmental management system related

general hygiene and sanitation; 3. To a province, enforcement of pollution control law subject to national policies and DENR

supervision; and 4. To a city, all the services and facilities of the municipality and province.

The Department of Interior and Local Government will coordinate implementation of these provisions with the national government, concerned agencies and the LGU’s.

Department Of Environment and Natural Resources (DENR) Administrative Order No. 90 Series of 1993 This issuance created a Project Management Office tasked with formulating an integrated national framework plan on solid waste management to include strategies, plans, systems and procedures. Memorandum Circular 39-A Amending a prior Circular creating the Presidential Task Force on Solid Waste Management, MC 39-A was issued to ensure the implementation of the National Solid Waste Management Framework as well as the continuing performance of the Task Force as the policy-making advisory body o the President. The revised composition of the Task Force included the Secretary of Interior and Local Government, with the clear intent of assuring the compliance of and coordination among concerned government agencies in the national solid waste management efforts.


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Republic Act 7924 It paved the way for the creation of the Metropolitan Manila Development Authority, (MMDA). Solid waste management would be among the services to be provided by the Commission since SWM had metro-wide impact and transcended political boundaries. In the delivery of relevant services, MMDA would formulate and implement policies, programs and projects for sanitary waste disposal, including the establishment of sanitary landfills and related facilities as well as programs that promote reduction, reuse and recycling of solid wastes. R. A. 7924 was among the first Philippine legislations that would make mention of the basic SWM principles of 3Rs—reduce, reuse and recycle—which would be one of the essential features of more comprehensive legislations to come, such as RA 9003. Metropolitan Manila Development Authority (MMDA) Regulation No. 98-009 Its main purpose is to prohibit littering and dumping of garbage in public or open spaces. It provides for penalties for specific illegal acts. It also vests in the Commission the sole responsibility for the implementation of its provisions in lieu of coordination with other agencies. DENR Administrative Order 98-49I It sets guidelines for the disposal of municipal solid waste and operates on the premise of eventual phase-out of all open dumps in the country. DENR will provide technical assistance so LGU’s can upgrade their open dumps to more environment-friendly sites, and LGU’s are expected to develop their own action plans and craft regulations for the gradual closure of existing dumps. DENR Administrative Order 98-50 Complementing the previous Administrative Order, AO 98-50 adopts a procedure for the identification of sanitary landfill sites in view of the imminent phase-out of open dumps. DENR will provide technical assistance to LGU’s that would undertake the shift from open dumps to landfill. MMDA Regulation No. 99-004 This issuance provides for refuse management at source through the use of colour-coded separate containers for different types of wastes. It also requires establishments and dwellings in Metro Manila to sort waste at source and encourage the promotion of recycling and composting as SWM practices. Republic Act No. 8749 Otherwise known as the Clean Air Act of 1999, its most salient provisions are:

• “Polluters must pay”; • All government agencies are to adopt the Integrated Air Quality Framework as blueprint for

compliance; • An Air Quality Management Fund will be established to finance anti-air pollution projects; • Incineration is prohibited. and • LGU’s must share the responsibility of compliance with air quality standards in their respective

localities. The DENR, as the lead implementing agency, will establish the Integrated Air Quality Framework, and consult with appropriate government agencies and advisory bodies in undertaking information dissemination campaigns and developing action plans for air pollution abatement. The Department of Transportation and Communication may deputize law enforcement agencies and LGU’s to implement air emission standards. Each LGU must develop an action plan consistent with the Integrated Air Quality Framework, has the mandate to promote, encourage, and implement ecological waste management measures, and carry out the prohibition on smoking in public places.


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As a comprehensive national issuance, the Clean Air Act encourages complementation of government efforts with the key sectors involved in the implementation of its provisions, namely, LGU’s, NGOs, the academe and the private sector. A number of the innovations being introduced by this legislation are being implemented presently such as the requirement to pass emission test prior to annual registration of vehicles with the Land Transportation Office, and the observance of the deadline for the closure of all incinerators for health care wastes. Republic Act 9003 Also called the Ecological Solid Waste Management Act of 2000, RA 2003 is the most comprehensive piece legislation to date intended to seriously address the mounting, and in some cases critical, solid waste problem of the country. Its crafting at this point in time could probably be the culmination of a number of factors and developments including the rise of Smokey Mountain, the tragedy at Payatas dumpsite, the accumulation of information on the actual environmental situation in the country, and growing public perception that the environment has been neglected in the face of rapid urbanization and widespread poverty. Until 2001, the Philippines had virtually no law that seriously dealt with garbage disposal, in particular, and solid waste management, in general. In R.A. 9003, the country has an encompassing framework focused on SWM. The main features of the Ecological Solid Waste Management Act include:

• It establishes mechanisms for waste minimization, resource recovery, appropriate collection and transport services, and environmentally sound treatment and disposal of garbage, including heath care wastes.

• It provides for mandatory segregation of waste at the household level, with collection vehicles having appropriate compartments for the solid wastes. Compulsory solid segregation at source also applies to commercial establishments, industries, institutions, hospitals, etc.

• The law prohibits open dumping of solid wastes and requires the establishment of sanitary landfills for final waste disposal.

• It requires recycling centers to be set up at every barangay nationwide and involves an inventory of existing markets for recycled materials and composts.

• All LGU’s are required to prepare ten-year SWM plans and pursue their own SWM systems within their area of jurisdiction.

• The establishment of a National Solid Waste Management Commission (NSWMC) to provide policy and technical support to the national solid waste management program.

More Recent Issuances The NSWMC has drafted Resolution No. 1, which delegates several functions of the NSWMC Chairman to the DENR Regional Executive Directors as well as prescribes appropriate permits and clearances for solid waste management facilities. The delegation of certain powers is a crucial move in support of the Commission in the light of its limited staffing and budget constraints to monitor and enforce RA 9003 and it’s IRR’s throughout the country. This sharing of NSWMC roles and responsibilities with the DENR regional offices would help spread the burden to qualified and established regional offices, and arguably ensure faster implementation of RA 9003 in response to the mounting SWM problem. Another recent development was the issuance in August 2002 by MMDA of Resolution No. 02 35, which urged the Local Government Units of Metropolitan Manila to adopt a unified approach on solid waste management in their respective areas of jurisdiction. It referred to PD 856 instead of RA 9003 and sowed confusion and controversy in the SWM community within Metro Manila,


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2.3 General Observations Based on the relevant provisions discussed in Section 2.2, the following can be gleaned regarding the state of laws and regulations on solid waste management in the Philippines:

1. Earlier issuances, such as Presidential Decrees in the ‘70s, encompassed mostly pollution and waste management issues in a single issuance. This was due in part to the fact that, as in many other countries, waste-related problems were relatively simpler at that time. In addition, martial rule was then in force and policies and programs were decided by a small circle of advisers. This differs markedly with the tone of more recent legislation (c. 1990s) that tended to have a more comprehensive coverage on a specific environmental concern—one for clean air, for example, and others covering specific issues associated with solid waste management.

2. The ‘Code on Sanitation’ (1976) formerly addressed environmental issues. Today, air and solid wastes are covered by their respective comprehensive Republic Acts complete with priorities, organizational linkages, permitting and enforcement procedures, and income-earning provisions for sustainability. Note that the ‘Code on Sanitation’ is still in effect and continues to be the reference legislation affecting the establishment and operation of food establishments, hotels, and similar businesses. Its provisions manage to reflect some contemporary solid waste management issue particularly those that view the SWM issue from perspective of protecting and enhancing human health

3. While policies and procedures for air and solid waste are clear-cut and updated, only one old issuance, and another one addressing specific concerns in Laguna Lake, appears to have had provisions for environmental concerns involving bodies of water. The issue is also not addressed in the IRR’s for the Ecological Solid Waste Management Act of 2000. Since the Philippines is an archipelago, there is an equally compelling reason to craft comprehensive legislation on environmental issues concerning bodies of water, including addressing prevention of adverse impacts arising from unhealthy disposal practices into or adjacent to water bodies, unless the intent is to restrict policy statements to Executive Orders or DENR Administrative Orders. Water pollution due to municipal solid waste and other solid waste is prevalent in many locations, and can not be ignored in the process of developing an Integrated Solid Waste Management Plan for the country, in general and the metropolis, in particular.

4. Most of the legislation and issuances specify cooperative work with Local Government Units. However, parallel regulations like those issued by the Metropolitan Manila Development Authority (MMDA) do not refer to cooperative work with DENR, the overall coordinator of solid waste management initiatives in the country, nor does the thrust of MMDA solid waste management regulations refer to prior DENR proclamations as guiding issuances. This makes it appear that MMDA, which has issued new solid waste management guidance with its Resolution No. 02 35, urging a unified approach to SWM, is striking out on its own without complementation with the DENR and the LGU’s. LGU’s now have the mandate under RA 9003 to undertake the overall solid waste management effort. The MMDA position also goes against the grain of complementation inherent in more contemporary legislation, such as RA 9003 and RA 8749 (The Clean Air Act). The foregoing observation is not intended to be critical of MMDA, and indeed the Authority has a vital role to play as the Chair of the PSWMB for Metro Manila. It is meant to call attention to MMDA to consider bringing in the complementing resources of DENR and the LGU’s in its SWM framework for Metro Manila.


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One pressing issue MMDA needs to clarify is which institution should be responsible for the identification and development of new sanitary landfill sites and solid waste disposal facilities. The solid waste disposal function is understood to be the responsibility of MMDA under RA7924 but under RA 9003, it has been devolved to the LGU’s.

5. In line with complementation, there has been, over the years, increasing propensity to provide for cooperation among key players—LGU’s, NGOs, private sector, civil society and government agencies—in contrast to the “government-only formula” of issuances during the ‘70s. Obviously, the more open political climate today has been a major influence. Unfortunately, greater government participation involves unavoidable bureaucracy in which every level of governance—barangay municipal, city, regional, provincial, national—entails various quasi-government organizations (associated with the waste collecting and processing facilities for instance) that adds intervening administrative layers in the collection and disposal of solid waste from source to final disposition. More importantly, it tends to dilute the limited human resource of professional SWM personnel, where each administrative level and its staff must have considerable SWM knowledge and expertise in delivering sound, comprehensive and ever more sophisticated systems and facilities for SWM.

6. Little SWM legislation was crafted during the 1980s, whose first half witnessed the end of martial law and the second half focused on rebuilding the economy. It was during the early ‘90s that more comprehensive issuances were made, probably to address the mounting waste generation and associated problems (and to raise environmental awareness) generated by the economic boom of the Ramos Administration.

7. The Ecological Solid Waste Management Act of 2000 is, in summary, a very comprehensive piece of legislation and delivers a valid operational framework for SWM. However, some clauses may be difficult to implement and enforce, especially the required time scales for full accomplishment of target activities. In addition, one or two clauses are somewhat ambiguous and may be subject to various interpretations. Also, some government entities and other bodies may be overburdened by responsibilities beyond their scarce resources. Finally, RA 9003 seems to have limited focus on the collection and disposal of commercial and industrial waste, An Integrated Solid Waste Management Plan for Metro Manila, the most highly industrialized region of the country, will certainly need guiding strategies in addressing the peculiar demand of commercial and industrial waste disposal.

8. Medical waste legislation is in limbo; MMDA Regulation 98-008 (1991) is no longer in effect and no national laws are in place. House Bill 729 regulating waste from hospitals and other similar institutions is quite comprehensive but there is no corollary Senate bill, and no timetable for enacting any legislation. With the total ban on incineration of health care wastes by July 2003 under the Clean Air Act; the health care sector could be pushed into a perilous situation that could negatively impact the rest of the population. With the advent of new threats such as the SARS epidemic, it is more important to prevent the indiscriminate dumping of improperly treated health care wastes, or face the prospect of another Payatas dumpsite-scale catastrophe involving the health care sector.


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2.4 Major RA 9003 Implementation Challenges The implementation of RA 9003 has been slow and problematic. A review of the critical clauses and provisions of the law shows that the country’s SWM effort lags in delivering timely results or outputs. Table 1 shows the expected implementation dates based on RA 9003 Table 1. RA 9003 Specific Implementation Dates Requirement Date

Reclamation Centers & Buy-back Centers for Recyclables January 2002

Inventory of Markets for Composts July 2002

Inventory of Waste Disposal Facilities July 2002

National SWM Status Report July 2002

Inventory of Existing Markets for Recyclables July 2002

All Distributors/Transporters of Commercial Products Report to LGU’s

Within 2002

National SWM Framework January 2003

List of Non-environmentally Acceptable Products January 2003

Method & Procedure for Phase-out & Close Dumps and Landfills within Aquifer, etc.

July 2003

Mandatory 25% SWM Diversion January 2007

No New Open Dumps

Convert Open Dumps to Controlled Dumps

No Controlled Dumps

January 2002

January 2005 (as advised by NSWMC)

January 2007 (as advised by NSWMC)

There are also numerous other implementation requirements, which do not have specific dates. Such requirements as developing the LGU 10 year SWM plan do not have specific dates indicated in the law, but the NSWMC/PSWMB and the Metro Manila LGU’s should definitely consider developing a strategic implementation plan, using achievable dates to deliver each critical requirement. These dates would be correlated with the LGU 10 year SWM plan and cross-referenced with the other critical deliverables. For example in RA 9003, Section 20 requires that the LGU’s divert at least 25% of all solid waste from waste disposal facilities through re-use, recycling and composting activities and other resource recovery activities, to be achieved by 2007; however, the completion of the Inventory of Existing Markets for Recyclable and the Inventory of Markets for Compost as well as Guidelines for Compost Quality must be completed on or before this date to pinpoint markets for recyclables and


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compost generated by the 25% diversion. Otherwise, much of the output of the re-use, recycling and composting undertaking could end up as mounting inventories. (or unwanted processed “wastes”). One inadvertent impact of missing the implementation deadlines is that it draws attention to the clauses and provision of the law. The DENR should seize this “opportunity” to generate awareness among the stakeholders and discuss what actions to take since most of the dates have passed and/or are fast approaching and there appears to be no clear action plans or timetables to “catch up” or meet dates still in the future. It is crucial to gain consensus and coordination among all the affected national agencies and LGU’s, barangays, and NGOs on what can still be done. There is a definite need to significantly improve coordinative linkages even as the path to “catching up” remains unclear this late in the day. . Table 2 identifies critical implementation requirements and a proposed action plan and completion date for each requirement. In most cases, these critical implementation requirements must be met sequentially--- a prior requirement must be completed before the next one could be started. There may be some cases such as “designing and implementing a public participation process”, “setting fees for SWM”, and “designing holding public hearings,” which can be worked on concurrently but the principle of sequential/linear delivery of results must be observed. It has been suggested that the implementation dates need not be as detailed as the law specifically provides. This mentality presents an opportunity for the responsible agencies and LGU’s to just maintain the status quo as appears to be the case with the way some requirements are being addressed, such as the establishment of Reclamation Centers & Buy-back Centers for Recyclables and the Inventory of Markets for Composts. While the Department of Industry, the lead agency in these two undertakings, must be rushing to, say, publish a tender for the inventory of markets for recyclables, this task is almost a year behind schedule now. The operative words appear to be “better late than never”, and his is simply not good enough given the demands posed by the escalating SWM problem. To be sure, all of the requirements under RA 9003 are vitally important, but everything cannot be done at once. Certain requirements are more critical than others while some requirements depend on the success of others. For example, the National Ecology Center is a very important resource, although in and of itself, it cannot make SWM work. The NEC has the lead role and responsibility in assisting the LGU’s to establish and implement the deposit or reclamation programs. Right now, the absence of a physical presence of the NEC appears to be the one of the main causes in pushing back the launch of reclamation programs and buy-back centers for recyclables. These programs are critical requirements in the reduce, re-use recycle process, and the non-implementation of NEC does not qualify as an excuse for keeping the deposit and buy-back programs under wraps.


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Table 2. RA 9003 Critical Implementation Requirements and Action Plan Requirement RA 9003

Date Responsibility Challenge Action Completion

Date External Resources

Protection of public health and environment

Sec. 2 (a) No date;

NSWMC, DENR/EMB, DOH and MMDA

Eliminate • Nuisance • illegal and open

dumping • ensure safe

disposal of all types of waste

Develop a strategic plan for residential, commercial, industrial, medical, toxic and hazardous waste management

August 2003

Encourage greater private sector participation in SWM

Sec. 2 (f) No date;

All Stakeholders; Private Sector; NGOs

Private sector to actively participate in SWM especially funding special projects and programs

Develop a mechanism for establishing and managing public-private partnerships in SWM

February 2004

Institutionalise public participation in the development and implementation of national and local integrated ecological waste management programs

Sec. 2 (i) No date;

All Stakeholders Get the public to understand and participate in all facets of SWM; what it consists of, how much it costs, where their garbage goes, why they have to pay, etc.

Develop and implement a citizen participation program and plan including public for a, public education, etc.

September 2003

Develop/ implement program to assist LGU’s to identify markets for materials diverted from disposal facilities through re-use, recycling and composting

Secs 2, 5 (h); 28, 31 34 and 35 No date;

NSWMC (DTI and DA)

Defining and managing realistic markets based on changing demographics, technology, and consumer habits

NSWMC, DTI and DA to pool resources and funds to develop a comprehensive and sustainable market strategy for recyclables and compost

Private Sector


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Requirement RA 9003

Date Responsibility

Challenge Action Completion Date

External Resources

Manage the Solid Waste Management Fund

Sec. 5 (j); Ref. Sec. 46 No date;

NSWMC Convince Congress and DBM to allocate funds for solid waste management

Develop/ implement an advocacy program to demonstrate the critical need for SWM and lobby for competing budget resources

July 2003

Established a National Ecology Center (NEC) under the Commission, which shall provide consulting, information, training, and networking services.

Sec. 7 No date;

NSWMC and EMB

Lack of funds and physical resources

Develop an NEC “without borders” to complement the “virtual” NEC on the Internet

July 2003 NGOs and the Private Sector

The Provincial Solid Waste Management Board to develop a provincial SWM plans of the respective city and municipal SWM boards

Sec. 11 No date; Section 12 (1)

No controlled dumps shall be allowed five (5) years following effectivity of this Act (IRR’s).

January 2007, Sec. 33

NSWMC, DENR/EMB/MMDA

Construct the required facilities to allow for closure of all controlled dumpsites

Establish a special committee among NSWMC members and develop a plan of action and milestones to coordinate the identification, design and construction of one or more super Sanitary Land Fill or other solid waste disposal technology sites in Metro Manila

June 2006


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ADB TA 3848-PHI: Metro Manila Solid Waste Management Project Draft Final Report

3. LGU’s in Metro Manila The city and municipal governments of Metro Manila are faced with a multitude of daunting issues and challenges in implementing RA 9003 and its IRR’s. One of the most challenging aspects of their tasks is a clear understanding of the law to overcome the confusion on their roles and responsibilities and those of the other stakeholders. The DENR/EMB, and its Regional offices, the NSWMC, the PSWMB, MMDA, the barangays, and NGOs are among the key players affected by this unclear delineation of roles. At the same time, the LGU’s and their SWM Boards are required to get things done within a short timeframe, drawing from existing resources since the Solid Waste Management Fund is not yet in place. It is also important to note that the LGU’s have roles and responsibilities for solid waste management under other laws. A list of ordinances and their purposes enacted by the LGU’s in Metro Manila is included in Annex 2. In addition, the LGU’s now have to ensure that the barangays initiate and complete their specific contributions to the overall initiative under RA 9003. This is a major challenge that thrusts many LGU’s and their staffs into unfamiliar grounds. The LGU’s in Metro Manila and many others throughout the country have taken on the challenge, and made significant progress in establishing their SWM Boards. In some cases, the various sectors have worked out the specific responsibilities among them, and even updated and/or passed new ordinances regarding SWM based on the clauses and provisions of RA 9003. Several LGU’s have already established MRF’s, and MMDA through a UNDP project is setting up several barangay-level MRF’s in Metro Manila. The LGU’s are also working diligently to complete realistic 10-year SWM plans, a time consuming and lengthy process, which cannot be accomplished overnight. 4. Disposal There have been several recent initiatives to enhance technical regulations relating to waste disposal, primarily focusing on dumpsite and sanitary landfill (SLF) location, design and operation. These initiatives include the following;

(i) DENR Administrative Order Number 50, Series of 1998 (DAO 98-50) which relates to SLF location criteria and development;

(ii) DENR Administrative Order Number 49, Series of 1998 (DAO 98-49) which provides technical guidelines for SLF design and development; and (iii) RA 9003 and the associated Implementing Rules and Regulations (IRR’s), which provide necessary provisions and guidelines for controlled dumpsites and also for SLF location and design criteria, and operating procedures.

Collectively, the regulations provide for comparatively comprehensive technical regulation relating to waste disposal. A matrix is presented in Annex 3 integrating relevant portions of each of the regulations, as they relate specifically to waste disposal. . The combined regulations relating to SLF location, design and operations appear to follow generally accepted international standards, particularly in relation to those in the United States, particularly the state of California. Regulations relating to dumpsites, however, seem to be relatively unique to the Philippines. When Metro Manila and the Philippine provincial areas begin to identify and develop SLF's, these regulations will be crucial in ensuring that the options they consider meet adequate standards. These SLF’s will also entail considerable capital investments, and the location; design, construction and


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operation of SLF’s will most likely be conducted by qualified professionals who are thoroughly familiar with international regulations and practices. Until that time, the current regulations provide essential operating standards for the myriad dumpsites throughout Metro Manila and provincial areas.

Dumpsite regulations are currently being updated by the NSWMC Secretariat, including site assessment procedures and related rules on violation and penalties. Technical and regulatory work performed through the TA has provided direct technical assistance to this ongoing regulatory enforcement program. Coordinated Preliminary Site Assessments have been completed and reflected in the Waste Disposal Report. 5. Medical Waste The consultants reviewed the roles and responsibilities in the following regulations and documents with the participants.

• Manual on Medical Waste Management (current manual not dated; a revised manual is awaiting production and distribution)

• House Bill 729, An Act Providing for the Regulation and Disposal of Medical Wastes, Declaring Certain Acts Unlawful, Prescribing Penalties Thereto, and For Other Purposes

• MMDA Ordinance No. 16, Regulating the Management, Collection and Disposal of Hospital Waste and Those of Similar Institutions in Metropolitan Manila (amended 1991)

• MMDA Regulation No. 98-008, Amending MMA Ordinance No. 16, S. 1991 Entitled “Regulating The Management, Collection and Disposal of Hospital Waste and Those of Similar Institutions in Metropolitan Manila”.

The focus of the review was regulating the management, collection and disposal of hospital waste and waste from similar institutions. There is no substantial difference between the MMDA regulation(s) and the proposed House Bill. The consultants do note, however, that neither the MMDA regulation nor the proposed House Bill mentioned coordination or linkages with LGU’s and/or city/municipal health offices, and therefore there was no clear, defined role or responsibilities at the LGU level. Even though LGU’s and the health offices in some cases, if not all, do participate in regulating, monitoring and enforcing medical waste management there should definitely be a clearly defined role and coordination specified for them in the law and regulations. Otherwise, this significant support may not always be available to the DOH, since the LGU’s and health offices can legally “beg off” doing anything or accepting any responsibility since they are really not required too, etc. In addition, the consultants have covered the roles and responsibilities of the various entities in the Department of Health and MMDA (as manifested in MMDA Ordinance No. 16, August 1991, and MMDA Regulation No.98-008) involved in regulating hospital waste, and their roles and responsibilities, and reporting relationships. The issues and challenges of regulating, monitoring and enforcing medical waste management must include these entities. Department of Health In the Department of Health there are four (4) entities and/or divisions involved in the regulation of hospitals and similar institutions including waste management. These include:

• National Center for Disease Prevention and Control • National Center for Health Facility and Development


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• Bureau of Health Facilities and Services • Centers for Health Development

The National Center for Disease Prevention and Control, Environmental and Occupational Health Office, Health Care Waste and Toxic Hazardous Division develops and evaluates policies, programs, plans and projects related to waste management among its other roles and responsibilities. The National Center for Health Facility and Development, Infrastructure and Equipment Division has the following roles and responsibilities for medical waste management:

• Formulation of policies, programs and plans on health facilities, design, operation and management

• Development of technical guidelines and training program on health care/medical waste facility design, planning operation and maintenance

The Bureau of Health Facilities and Services sets the requirements for health care establishments to develop health care waste management plan/program as requisite in the renewal or application of license to operate. The Center for Health Development, National Capital Region, has the following roles and responsibilities broken down by entity and/or division:

• Hospital and Health Facilities Development Cluster monitors the following health facilities: o Las Piñas District Hospital o Valenzuela District Hospital o Taguig-Pateros Hospital o San Lorenzo Ruiz Women’s Hospital, Malabon

• Licensing, Regulation and Enforcement Division o Responsible for the renewal of license to operate o Inspection of the facility

Metro Manila Development Authority The roles and responsibilities chart Figure 1 shows the relationship between the previous functions of MMDA HOC which were supposed to have been transferred to DOH CHD during the time of Chairman Ruben Abalos but which has not yet occurred but even so the MMDA operations have been terminated. The upshot of this is that no one is regulating, monitoring, or enforcing medical waste management rules and regulations. However, there is a plan to develop a MOU between MMDA, DOH and the Metro Manila LGU’s to formally transfer the operations to DOH CHD. MMDA HOC had environmental police and a clear enforcement process including an Environmental Violation Receipt, all of which were discontinued when the transfer plan to the DOH was initially discussed/planned, and MMDA HOC has never resumed the function during the intervening time. But there is still currently no inspection or enforcement of medical waste management in Metro Manila hospitals and similar institutions. House Bill 729, introduced by the Hon. Cynthia A. Villar seems quite comprehensive in nature; however, here again, there is no mention of roles and responsibilities and/or coordinative linkages with the LGU’s or local government health offices. In fact, there is no mention of the LGU’s or local government health offices at all. The focus is entirely on DOH and the hospitals and other similar institutions, but the consultants would strongly recommend that the LGU’s and local government health offices be specifically included to support DOH regulation, monitoring and enforcement. Most local government


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city health offices, through local ordinances do this anyway, but it would be crucial to include their role and responsibilities in the final legislation. There is currently no similar Senate legislation available and/or known to the consultants. MMDA Ordinance No.16, S.1991 covers the regulation of health care waste management and collection. The purpose of MMDA Regulation No.98-008 is to amend MMA Ordinance No. 16, S. 1991 and “to intensify the Authority’s objectives and campaign on the prevention of hospital acquired infections, protection of public health and maintenance of the ecological balance of the metropolis through discipline on sanitation and proper disposal of hospital waste.

Figure 1 functions of MMDA HOC

DOHDOH

MMDA Ordinance No 16

Develop training

Policies

Provide TA

All hospitals in Metro Manila

Center for Health

Development National Capital Region

MMDAHOC

Annex 4 contains a listinwaste management (sou 6. Recomendat Several major concerns first and resolved propemore pressing clauses a

Laws and Regulations Report N

City/MunicipalityHealth Offices Department Staff

For CHD and City/Municipal Health Officers

g and description of relevant clauses and provisions of laws that impact medical rce Manual on Medical Waste Management

ions contribute to problems and delays in the implementation RA 9003. If addressed rly, these nagging issues will significantly speed up the implementation of the nd provisions in the law and IRR’s.

o: 6 AEA Technology NS


6.1 Major Concerns The major concerns are:

• Lack of budget primarily to set up the Solid Waste Management Fund • Lack of public understanding and participation • Interim enforcement of medical waste regulations with the transfer to and implementation by

DOH CHD of the Clean Air Act ban on incineration effective July 2003 • Lack of understanding of the dynamics and ability of LGU’s to set and impose fines and

penalties

6.2 Major Recommendations

Based on the foregoing review, the following three major recommendations should directly address the more pressing issues and problems affecting the implementation of RA 9003. These are:

1. A critical focus of all agencies/entities, LGU’s, NGOs, etc., should assure the active participation

of the public in all aspects of SWM especially understanding adverse health and sanitation impacts of improper SWM, the impact of SWM in environmental planning and management, the potential to reduce the waste stream through source reduction and recycling, and the impact of improper disposal on the community and metropolis as a whole, among others. The NSWMC, LGU’s and NGOs need to schedule and hold frequent public hearings and community outreach activities to present and discuss and resolve these issues. These fora must target the general public and not just local government/barangay officials nor the experts or, NGOs.

2. The NSWMC should establish special committees/working groups on each major section or

provision of the law to ensure development of realistic plans of action and milestones. As it is, the major players in SWM from the Commission to the LGU’s are being made responsible to comprehend the law and its IRR on their own. With working groups at NSWMC, there will be a specialized resource or expertise in the setting up of community MRF’s, for instance,

3. Translate all requirements (clauses and provisions) into a comprehensive plan of action and

milestones or strategic plan in line with the role of the NSWMC to define roles of the Department and other agencies responsible for the implementation and enforcement of the Act, The Institutional Report provides an example of a strategic plan and a guideline on how it was developed by one community.

It is also recommended that specific plans and actions be given top priority, such as:

1. Institutionalise public participation in the development and implementation of national and local integrated, comprehensive and ecological waste management programs

Reference: Section 2, Declaration of Policies, (i), RA 9003.

2. Develop a plan of action and milestones for developing a “universal” model for setting and charging fees for solid waste management for households, commercial establishments and industry, and hold public hearings to present the model to stakeholder groups.

Reference: Standards, criteria, guidelines and formula in establishing charges and rates, Section I Rule IV, IRR’s (identified by NSWMC Executive Director as a priority), and Rule XVII, Cost Recovery Mechanisms, IRR’s


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Tools: LGU survey data, public awareness survey data, and USEPA and California Pay as you Throw guidelines; public hearing guidelines, and RA 7160 and 9003; Section I Rule IV and Rule XVII, Cost Recovery Mechanisms, IRR’s

3. Set guidelines for inter-agency coordination and support for enforcement actions including medical waste. Various entities have roles and responsibilities inherent and implied in RA 9003 and other relevant laws.

References: Develop mechanism for the imposition of sanctions for the violation of environmental rules and regulations, Section 5, Chapter II, RA 9003, and provide a mechanism including the NSWMC website whereby, any citizen, LGU or concerned agency may file an action/complaint directly with the secretariat, Section 6, Rule XIX, IRR’s.

4. Work with TESDA/CB-TED (Community Based Training for Enterprise Development Program) and the Technology and Livelihood Resource Center to discuss plans and goals for designing and implementing safety nets and alternative livelihood programs for recyclers and other sectors. Include representatives from League of Cities, League of Municipalities, Liga ng mga Barangay, and NSWMC.

Reference: Develop safety nets and alternative livelihood programs for small recyclers and other sectors that will be affected as a result of the construction and operation of a SWM recycling plant or facility, Section 5, Chapter II, and RA 9003.

5. Develop a list of permitting licensing requirements for constructing or operating an SWM facility.

Reference: Section 5, Rule V, IRR’s.

6. Develop guidelines for determining the number of barangays to be served by an MRF facility within an LGU and/or surrounding LGU’s and implementing the cluster concept (see EMB IEE Checklist for Organic Fertilizer Manufacturing (Composting) Facilities for model, and UNDP MRF project design criteria).

7. Convene an NGO working group to operationalize public participation in the development and

implementation of national and local integrated, comprehensive and ecological waste management programs.

8. Convene a working group with CHED, DepEd, and TESDA to develop a plan of action and

milestones for strengthening the integration of ecological solid waste management and resource conservation and recovery topics into the academic curricula of formal and non-formal education to promote environment awareness and action among the citizenry. The working group would include a review and assessment of current relevant programs and curricula, and integration and design requirements. The NSWMC, DENR, MMDA, and DOH will be included in the working group.


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Annex 1Review of Laws & Regulations (Institutional Impact Assessment) Legislation

Republic Act 9003; Ecological Solid Waste Management Act of 2000

Key Provisions

An incentive scheme is provided to encourage LGU’s, enterprises, and private entities, including NGOs, to develop or

undertake solid waste management. [Article 4, Sec 45 a]. Those who avail of tax incentives cannot avail of non-fiscal incentives under the Omnibus Investments Code.

The same entities can enjoy duty-free importation of machinery, equipment, vehicles and spare parts for use in solid waste collection, but the same cannot be disposed of without prior BOI approval. [Article 4, Sec 45]

LGU’s are entitled to avail of Solid Waste Management Fund for their approved solid waste management plan. [Chapter V]

LGU’s can impose and collect solid waste management fees to pay the cost of preparing, adopting and implementing a solid waste management plan. [Chap V]

The Act abolishes the Presidential Task Force on Solid Waste Management and the Presidential Office on Solid Waste Management. [Chap V, Sec 61]

An incentive scheme is provided to encourage LGU’s, enterprises, and private entities, including NGOs, to develop or undertake solid waste management. [Article 4, Sec 45 a]. Those who avail of tax incentives cannot avail of non-fiscal incentives under the Omnibus Investments Code.

The same entities can enjoy duty-free importation of machinery, equipment, vehicles and spare parts for use in solid waste collection, but the same cannot be disposed of without prior BOI approval. [Article 4, Sec 45]

LGU’s are entitled to avail of Solid Waste Management Fund for their approved solid waste management plan. [Chapter V]

LGU’s can impose and collect solid waste management fees to pay the cost of preparing, adopting and implementing a solid waste management plan. [Chap V]

The Act abolishes the Presidential Task Force on Solid Waste Management and the Presidential Office on Solid Waste Management. [Chap V, Sec 61]

Laws and Regulations Report No: 6 AEA Technology Annex 1 NV


Legislation (continued) Republic Act 9003; Ecological Solid Waste Management Act of 2000

Implementing Agencies

Functions/ Responsibilities

A National Solid Waste Management Commission [NSWMC]

The NSWMC shall oversee the implementation of waste management plans and prescribe policies to include:

a. Coordination of local waste management boards in the provincial and city/municipal levels, development of a model/prototype provincial, city and municipal solid waste management plans

b. Provision of technical and capability building support to LGU’s c. Assistance to LGU’s in identifying markets for materials diverted from disposal facilities through re-

use, recycling and other environmental-friendly methods. [Chap II, Sec 5] d. In coordination with DILG, TESDA, Dep. Ed and PIA, conduct a continuing education and

information campaign on solid waste management. [Chap V, Sec 55]

LGU’s

Be primarily responsible for the implementation and enforcement of the provisions of the Act within their respective jurisdictions. Barangays shall conduct segregation and collection of biodegradable, compostable and reusable waste while the municipality and the city will be responsible for the collection of non-recyclable and special wastes. [Chap II, Sec 10]

Provincial Solid Waste Management Board (PSWMB)

a. Develop a provincial solid waste management plan from the submitted plans of city and municipal solid

waste management boards; b. Coordinate the efforts of component cities and municipalities in the implementation of provincial solid

waste management plan; c. Develop incentive scheme as component of provincial plan. [Chap II, Sec 11]

Laws and Regulations Report No: 6 AEA Technology Annex 1 OM


Legislation (continued) Republic Act 9003; Ecological Solid Waste Management Act of 2000 Community/Municipal

Solid Waste Management Board (C/MSWMB)

a. Develop the city or municipal solid waste management plan; b. Ensure the viability and effective implementation of solid waste management programs at the

barangay level; c. Monitor the implementation of its plan through its political subdivisions and in cooperation with

the private sector and NGOs;

d. Adopt revenue-generating measures for the plan; e. Recommend to local government authorities specific measures for franchise or Build-Operate –

Transfer agreements. [Chap II, Sec 12] DTI, in cooperation with

DENR, DILG and other concerned agencies and sectors

Publish an inventory of solid waste disposal facilities in the country. [Article 4, Sec 36]

DepEd Strengthen the integration of environment concerns in school curricula at all levels. [Chap V, Sec 56]

Issues

Conflicts/ Inconsistencies

a. Absence of specific provision that addresses dumping at sea or any body of water b. Takes away police powers once vested in barangay officials c. Has no clear provision or mandate for an agency like MMDA, which is not an LGU but an administrative body that acts on

the request of the LGU’s to deliver its services

Complementation 1. Mandates close coordination between NSWCMC and provincial, city/municipal LGU’s in the preparation of waste management plans 2. RA 2003 complements Presidential Decree (PD) 1152, one of the earliest legislations, that indirectly prohibited open dumping by endorsing other waste disposal methods 3. The RA also complements DENR Administrative Order 49 that seeks the promotion of economically feasible and environmentally sustainable options for waste disposal 4. Complements other DENR AO's that seek to strengthen the capability of LGU’s in solid waste management 5. More democratic representation in managing the solid waste management program (to include the private sector, NGOs and cooperatives) in contrast to earlier legislations, mostly Presidential Decrees, that vested authority solely in government agencies

Effective Date February 2001

Laws and Regulations Report No: 6 AEA Technology Annex 1 ON


Laws and Regulations Report No: 6 AEA Technology Annex 1 OO

Legislation Republic Act No. 8749; Philippine Clean Air Act of 1999 Key Provisions

1. The State recognizes that the responsibility for a clean environment is area-based and the principle that ‘polluters must pay.’

[Chap 1, Art 1, Sec 2] 2. The government shall implement a holistic program of air pollution management through proper delegation and effective

coordination of functions and activities. [Chap 1, Art 1, Sec 3] 3. Medical waste means materials generated as result of patient diagnosis, treatment or immunization of humans or animals;

infections waste means that portion of medical waste that could transmit infectious diseases. Municipal waste is waste generated from communities within a locality. [Chap 1, Art 1, Sec 5]

4. All government agencies should adopt the Integrated Air Quality Improvement Framework (IAQIF) as the official blueprint and comply with its provisions. [Chap 1, Art 1, Sec 7]

5. A seven-man Governing Board, headed by the DENR Secretary, shall formulate policies and prepare common action plans for air sheds, areas with similar meteorological or topological characteristics, or those with similar development programs, prospects or problems. [Chap 1, Art 1, Sec 9]

6. Air sheds may be allocated with funds from the Air Quality Management Fund to be established to finance containment, removal and clean-up operations in air pollution cases. [Chap 1, Art 2, Sec 14]

7. Permits for air pollution prevention and abatement shall serve as management tools for LGU’s in the preparation of their action plans. [Chap 1, Art 2, Sec 16]

8. Incineration, defined as the burning of municipal, bio-medical and hazardous wastes, is prohibited. LGU’s shall share the responsibility in the management and maintenance of air quality within their jurisdiction and implement In enforcing the provisions of this Act, any citizen may file appropriate civil, criminal or administrative action in the proper court for certain specific violations. [Chap 1, Art 5, Sec 41]

9. Repeals PD 1181 and modifies PD 1152, 1586 and 984


Legislation Republic Act No. 8749; Philippine Clean Air Act of 1999 Implementing Agencies

Functions/Responsibilities

DENR

a. Establish an Integrated Air Quality Improvement Framework for a comprehensive air pollution management and control program.

b. In certain areas where pollutants have already exceeded ambient standards, shall prepare and implement a c. Program and other measures to protect the health and welfare of residents in the affected areas. [Chap 1, Art 1,

Sec 10] d. In consultation with the appropriate advisory committees, government agencies, and LGU’s shall issue or revise

information on air pollution control techniques. [Chap 1, Art 1, Sec 11] e. In consultation with DOTC, DTI and LGU’s, shall develop an action plan for the control and management of air

pollution from motor vehicles.

LGU’s

a. With assistance from the DENR, prepare, develop and submit a procedure for an action plan, consistent with b. The Air Quality Framework. For each LGU, a multi-sectored team shall inspect and assess compliance with their

permits of air pollution sources [Chap I, Art 1, Sec 8, g] c. Mandated to promote, encourage, and implement ecological waste management including waste segregation,

recycling and composting [Chap 1, Art 2, Sec 20] Issues

Incineration is banned leaving only sanitary landfill or open/illegal dumping as options for waste disposal. [Art 3, Sec 20] However, the last paragraph in Section 20 states that, “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, un-recycled, un-composted, biomedical and hazardous wastes”.


a. No defined role of the police force in cases of vehicular pollution

Complementation

Participation of LGU’s, NGOs, the academe and the private sector

Effective Date May 1999

Laws and Regulations Report No: 6 AEA Technology Annex 1 OP

http://www.denr.gov.ph/


Legislation MMDA Regulation No. 99-004; Regulation Governing Proper Refuse Management at Source in

Metro Manila Area and for Other Key Provisions a. Whereas, RA 7924 creating MMDA expands the health and sanitation concerns of the Authority to include urban

protection and pollution control through the adoption, formulation and implementation of policies, rules and regulations b. Sec. 3. There shall be a separate colour-coded container for each type of waste in all establishments and dwelling units.

Sorting at sources shall be required and recycling and composting shall be promoted. Implementing Agencies

Functions / Responsibilities

MMDA No role for DENR, the private sector, or NGOs in implementation of policies/programs Issues


Complementation Effective Date February 25, 1999

Legislation Republic Act 7924; An Act Creating the Metropolitan Development Authority (MMDA) Key Provisions Metro-wide services are those services with metro-wide impact and transcend legal political boundaries, including: …c. Solid

waste disposal management which include formulation and implementation of policies, standards, programs and projects for proper and sanitary waste disposal; likewise, includes the establishment of sanitary landfills and related facilities as well as alternative programs to reduce, reuse and recycle solid waste. [Sec



MMDA

MMDA shall perform planning, monitoring, and coordinative functions in the delivery of metro-wide services within Metro Manila [Sec 2] Sec 3, Scope of MMDA Services, c, Solid waste disposal and management which include information, and implementation of policies, standards, programs and projects for proper and sanitary waste disposal. It shall likewise include the establishment and operation of sanitary landfill and related facilities and the implementation of other alternative programs intended to reduce, reuse and recycle solid waste.

Issues MMDA still has the authority and mandate by law for solid waste disposal and management Conflicts/ Inconsistencies

Complementation

MMDA continues to recognize the effectivity of this clause, and RA 9003 does not clearly and emphatically states that LGU’s are now responsible for establishing sanitary landfills. The Act eludes to this, for instance, in Section 40, Criteria for Location a Sanitary Landfill, (a) “the site must be consistent with the overall land use plan of the LGU (same clause in the IRR’s).” Of course, any sanitary landfill within Metro Manila has to be within an LGU so this doesn’t necessarily mean that LGU’s are responsible for establishing a sanitary landfill.

Laws and Regulations Report No: 6 AEA Technology Annex 1 OQ


Legislation MMDA Regulation No. 96-009; Prohibiting Littering/Dumping of Garbage, Rubbish or Any Kind

of Waste in Open or Public Places … Key Provisions a. Whereas, the RA creating MMDA mandate the MMDA to formulate and implement policies, rules and regulations,

standard, programs and projects for the promotion and safeguarding of the health and sanitation of the region and for the enhancement of ecological balance and the prevention and control of environmental pollution

b. Provides for various prohibited acts in dumping of litter or garbage and corresponding penalties for violators



MMDA Strictly undertake the implementation and supervision of this legislation Issues Conflicts/ Inconsistencies

No coordination with agencies like DENR, which have the capability and resources to deal with solid waste problems. MMDA as sole implementing agency goes against the current practice of multi-agency task force to solve growing urbanization problems.

Complementation Effective Date August 1996 Legislation DENR Administrative Order No. 50; Adopting the Landfill Site Identification and Screening

Criteria for Mun. Solid Waste Disposal Facilities Key Provisions

a. Sec 1 It is the declared policy of the Dept to adopt a system for a safe and sanitary disposal of waste b. Sec 5 The sanitary landfill site identification methodology shall be composed of the following steps:

a. data acquisition b. plotting of excluded areas c. identification of candidate areas from field survey site survey and evaluation selection of preferred sites



DENR Provide technical guidance to LGU’s on municipal solid waste management in the country Issues Conflicts/ Inconsistencies

Complementation Compliments RA 9003 in its prohibition on open dumpsites Effective Date 1998

Laws and Regulations Report No: 6 AEA Technology Annex 1 OR


Legislation Memorandum Circular No. 39-A; Amending MC 39-A By Reconstituting the Presidential Task

Force on Waste Management Key Provisions Sec 1 Composition includes the Secretary of Interior and Local Government. Implementing Agencies


Presidential Task Force on Waste Management

a. Ensure the implementation of the National Solid Waste Management Framework b. Ensure the continued coordination and compliance of concerned agencies c. Formulate and recommend polices to the President d. Serve as the Policy and Management Board of the Project Management Office e. Source financial and technical requirements f. Create the necessary technical working groups or committees

DENR Provide technical and administrative support to the Task Force. Issues Conflicts/ Inconsistencies

Complementation Continued coordination and compliance of concerned agencies. Effective Date March 21, 1994

Legislation DENR AO No. 90; Series of 1993

Creating a Project Management Office on SWM Under the Presidential Task Force on Waste Management

Key Provisions Whereas, there is a need to regularly and comprehensively update the Framework/Plan to address the increasing garbage problem of Metro Manila and other local government units;



Project Management Office based at DENR

Sec 2. a. Formulate an integrated national systems framework on solid waste management; b. Formulate specific strategies and plans c. Formulate standards, systems and procedures; etc…

Issues Conflicts/ Inconsistencies

Complementation Effective Date October 19, 1993

Laws and Regulations Report No: 6 AEA Technology Annex 1 OS


Legislation The Local Government Code of 1991 Key Provisions Chapter 2 – General Powers And Attributes of Lugs

Section 17 Basic Services and Facilities: Lugs shall discharge such other functions and responsibilities necessary to the provision of efficient and effective basic services and facilities that include: 1) For a barangay, those related to general hygiene and sanitation, beautification and solid waste collection (iii); 2) For a municipality, solid waste disposal system or environmental management system related general hygiene and

sanitation (xi); 3) For a province, enforcement of pollution control law subject to national policies and DENR supervision (iii); 4) For a city, all the services and facilities of the municipality and province. Item (e), If such services and facilities are not available or inadequate, the National Government or the next higher LGU level may provide or augment them Item (g), Funding for these basic services and facilities may come from the LGU’s share of national taxes, other local revenues and funding support from the National Government



National Government, DILG, Concerned Agencies and LGU’s

Strictly implement adherence to these provisions in all transactions involving LGU’s


Complementation Effective Date January 1, 1991

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Legislation RA 4850; An Act Creating the Laguna Lake Development Authority (LLDA) Prescribing its

Powers, Functions, and Duties, Providing Funds Thereof, and for Other Purposes, and Exec. Order 927; Further Defining Certain Functions and Powers of the Laguna Lake Development Authority

Key Provisions Section 4; Additional Powers and Functions a. To issue standards, rules and regulations governing the approval of plans and issuance of permits for sewage works and

industrial waste disposal systems in the Laguna de Bay Region b. To adopt, prescribe and promulgate procedures in relation to hearings, plans (for) waste disposal systems, filing or

reports and other rules and regulations in the implementation and enforcement of the EO c. To issue order or decision to compel compliance with the EO d. To issue, renew or deny permit as it may deem reasonable to prevent pollution, discharge of sewage, industrial waste or

installation of sewage works/industrial disposal system e. To seek the assistance of appropriate government agencies in the enforcement of the EO and its implementing rules

and regulations f. To authorize its representative to enter public or private property to inspect pollution or imminent pollution



LLDA As provided in the Executive Order Issues LLDA, and its mandate and responsibilities should be included in the Metro Manila wide integrated solid waste management

plan. Conflicts/Inconsistencies

Complementation Effective Date 1966, 1983

Laws and Regulations Report No: 6 AEA Technology Annex 1 OU


Legislation Presidential Decree No. 825; Providing Penalty for Improper Disposal of Garbage Key Provisions

Sec 1, All citizens and residents of the Philippines, all universities, colleges and schools, and other similar institutions, all commercial and industrial establishments…shall undertake the cleaning of their surroundings or streets in their immediate premises Sec 2, Violators shall suffer imprisonment or fine Owners of idle lots shall undertake cleaning of side lots at their expense



Sec 4, The Secretary of Public Works, Transportation and Communication, with the Assistance of Health Officials and Local Governments

Supervise the Implementation of this Presidential Decree

Issues Functions Vested Only in Government Agencies Conflicts/ Inconsistencies

Complementation Effective Date November 1, 1975 Legislation Presidential Decree No. 600; Prevention and Control of Marine Pollution Key Provisions It is hereby declared a national policy to prevent and control the pollution of the seas by the dumping of wastes and other

matter which create hazards to human health, harm living resources and marine life Various provisions make it unlawful to:

• Deposit refuse in navigable waters • Discharge of oil and other harmful substances • Penalties are provided for violators, including liability for spills



Philippine Coast Guard

To prescribe rules and regulations in the pursuance of this Presidential Decree

Issues Should be covered in the Metro Manila wide integrated solid waste management plan. Conflicts/ Inconsistencies

Complementation Effective Date December 9, 1974

Laws and Regulations Report No: 6 AEA Technology Annex 1 OV


Legislation Presidential Decree 856; Code on Sanitation Key Provisions

Provides measures for compliance to hygiene and sanitation from water supply to hotels, massage parlours and vermin control



Department of Health

Sec. 3 Undertake the promotion of the health of the people and raise health standards of communities Extend maximum health services to rural areas and medical services to the poor Develop, administer and coordinate various health activities Sec 88, Authority of the Secretary. The Secretary is authorized to promulgate rules and regulations for the control and prevention of the following types of pollution: pesticides and heavy metal, pollution of food caused by chemicals, biological agents, radioactive materials, non-ionising radiation, noise, biological pollutants, etc. a. Sec 26, Responsibility of Local Governments and Private Operators. Local governments and private operators in charge of public or private markets and abattoirs shall

employ adequate number of personnel to ensure their efficient operation and hygienic maintenance. b. Chapter XVII – Sewage Collection and Disposal, Excreta Disposal and Drainage Sec 79,

Responsibility of cities and municipalities. It shall be the responsibility of cities and municipalities to provide and maintain in a sanitary state and in good repair a satisfactory system of drainage in all inhabited areas where wastewater from buildings and premises could empty without causing nuisance to the community and danger to public health

c. Chapter XVIII – Refuse Disposal, Sec 82. Responsibility of Cities and Municipalities. Cities and municipalities shall provide an adequate and efficient system of collecting, transporting and disposing refuse from their areas of jurisdiction in a manner approved by the local health authority


Complementation

Effective Date December 23, 1975

Laws and Regulations Report No: 6 AEA Technology Annex 1 PM


Legislation Republic Act 3931; An Act Creating the National Water and Air Pollution Control Commission Key Provisions It is hereby declared a national policy to maintain reasonable standards of purity for the waters and air of this country.



National Water and Air Pollution Control Commission

• Provide technical, scientific and related services • Conduct scientific experiments and research


Complementation Effective Date June 18, 1964 Legislation Commonwealth Act 383;

An Act to Punish Dumping in Any River of Refuse, Waste Matter or Substances Key Provisions Prohibits dumping that may cause rise of river bed levels or block the course of a stream;

Reclaiming a strip of land along river banks by whatever means or device is prohibited, except with the authority of the Secretary of Public Works and Communications and only if such works were necessary and pose no harm to other parties; Transgression is penalized by imprisonment or a fine, or both at the discretion of the court



Issues Should be covered in the Metro Manila wide integrated solid waste management plan. Conflicts/ Inconsistencies

Complementation Effective Date September 5, 1938

Laws and Regulations Report No: 6 AEA Technology Annex 1 PN


Legislation RA 6969, An Act to Control Toxic Substances & Hazardous & Nuclear Wastes, Providing

Penalties for Violations Thereof, & for Other Purposes Key Provisions

Sec 4, Objectives, To keep an inventory of chemicals that are presently being imported, manufactured, or used, indicating, among others, their existing & possible uses, test data, names of firms manufacturing or using them, & such other information as may be considered relevant to the protection of health & the environment



DENR Sec 6, To keep an inventory of chemicals that are presently being manufactured or used, indicating, among others, their existing & possible uses, quantify, test data, names of firms manufacturing or using them, & such other information the Secretary may consider relevant to the protection of health & the environment f. To conduct inspection of any establishment in which chemicals are manufactured, processed, stored or held before or after their commercial distribution & to make recommendations to the proper authorities concerned Sec 7, Inter-Agency Technical Advisory Council, e, To conduct preliminary evaluation of the characteristics of chemical substances & mixtures to determine their toxicity & effects on health & the environment & make the necessary recommendations to the DENR

Issues Should be covered in the Metro Manila wide integrated solid waste management plan. Conflicts/Inconsistencies

Complementation Effective Date October 6, 1990

Laws and Regulations Report No: 6 AEA Technology Annex 1 PO


Annex 2 LGU SWM Ordinances Mandaluyong Ordinance No. 139, S – 1994 An Ordinance Amending Ordinance No. 104, S-1992 Otherwise Known as Ordinance Modifying the Garbage Disposal System of the City of Mandaluyong Taguig Ordinance No, 61, Series of 1996 Ordinance Mandating All Residential Unit Occupants/Store Owners to Maintain Sanitation of Their Respective Frontage and Surroundings, And Providing Penalties For Violation Thereof Ordinance No. 19, Series of 1999 An Ordinance Making Unlawful and Penalizing Acts of Vandalism Such As defacing by Printing. Writing, Scrawling, Drawing, Scribbling, Colouring, Erasing, Posting, Stamping or Inscribing of Walls, Siding, Partitions, Fences, Gates, Doors or Windows of Building, Edifices, Houses or Structures, Signs, Posters, Billboards, Lamp Posts, Street Signs or Sidewalk Whether Public or Private, or Personal Properties such as Cars, Motorcycles, Tricycles, Bicycles and Properties of Similar Kind, And Providing Penalty or Violation Thereof (Taguig Anti-Vandalism Ordinance of 1999) Ordinance No. 27 – 90, Series of 1990 Ordinance for the Protection of Our Local Environment, Water Resources And the Ecosystem of the Municipality of Taguig From Air Pollution, Water Pollution and Other Sources of Pollutants Such As Smoke Belching Vehicles, Industrial Waste, Etc… And Providing Penalties Therefore Ordinance No. 18, Series of 1993 An Ordinance Prohibiting the Dumping of Waste, Refuse, Garbage Materials, Papers, Cigarette Butts, And Any Other Polluting Materials and Alike, In Any Place In The Streets, Public Building or Property to Include Waterways, Creeks, Lakes, And Or Rivers, Banks Not Designated As Dumping Place, And Providing Penalties For Violation Thereof (Taguig’s Local Sanitation and Anti-Pollution Law) Ordinance No. 12, Series of 1996 Ordinance Requiring All Public Transport Operators and Drivers Operating in the Municipality of Taguig, Metro Manila, To Provide Covered Waste Receptacles Inside Their Vehicles and Prescribing Penalties for Violation Thereof. Paranaque Ordinance No. 01 – 17 (737) An Ordinance Amending Ordinance No. 120, Series of 1992 Regulating Garbage Disposal within the Municipality and Providing Penalty Thereof Las Pinas Municipal Ordinance No. 238-95, Series of 1995 An Ordinance Prohibiting the Littering of Garbage, Refuse, Waste Materials, Remnants, Human or Animal Excrement, Animal Cadavers and the Like On Any Public Road, Street, Alley and Sidewalks,

Laws and Regulations Report No: 6 AEA Technology Annex 2 PP


Deputizing Elementary and High School Students to Apprehend and Issue Citation Ticket To Any Violation and Granting a 25% Share of the Fine Collected To The Student Who Apprehend a Violator and Imposing a Penalty for Any Violation Thereof Pateros

Municipal Ordinance No. 2000-041 An Ordinance Authorizing he Establishment of An Environmental Cooperative to Engage in the Business of Buying and Selling Recyclable Materials and Providing Administrative and Financial Assistance Thereto Navotas Pambayang Ordinansa Blg. 2001-11 Na Nagbabawal sa Pagtatapon, Pakakalat ng Anumang Uri ng Basura Sa Mga Daan, Eskinita, Liwasan, Dagat at Ilog at Iba Pang Pampublikong Lugar at mga Bakanteng Lote at Nagtatakda ng Kaparusahan sa Paglabag Dito Marikina Ordinance No. 204, Series of 1996 An Ordinance Creating The Waste Management Office and Defining Its Functions Thereof Ordinance No. 281, Series of 1998 Ordinance Creating Plantilla Positions on the Waste Management Office and Appropriating Funds Thereof Ordinance No. 32, Series of 1990 An Ordinance on the Proper Garbage Disposal Within the Municipality of Marikina Ordinance No.213, Series of 1998 Ordinance Adopting an Anti-Littering Code of Marikina Ordinance No. 76, Series of 1999 Ordinance Amending Ordinance No. 218, Series of 1998 Entitled “ Ordinance Adopting An Anti-Littering Code Of Marakina Ordinansa Blg. 210, Taong 1994 Ordinansa Na Nag-Aatas sa May-Ari ng Bahay O Bahay Pang Kalakal Sa Bayan ng Marikina Na Linisin Ang Banketa sa Harapan Ng Kanilang Establisamiyento Ordinance No. 57, Series of 1999 Ordinance Prohibiting the Burning of Garbage, Trash Or Any Other Refuse Materials in Streets, Sidewalks and Other Public Places Ordinance No. 046, Series of 2002 Ordinance Requiring The Segregation At The Source of All Household, Institutional, Industrial, And Commercial Waste And/or Garbage Into Wet Or Biodegradable and Dry Or Non-Biodegradable, Pursuant to Republic Act 9003

Laws and Regulations Report No: 6 AEA Technology Annex 2 PQ


Annex 3 Waste Disposal Legislation Review Criteria RA 9003 RA 9003 Implementing Rules and

Regulations DENR AO 98-49

Technical Guidelines DENR AO 98-50

Location Criteria DEFINITION OF TERMS Definitions – Controlled Dumpsite

Section 3 (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;

Definitions – Sanitary Landfill Section 3 (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.

INSTITUTIONAL MECHANISM NSWMC Disposal Mandate Section 5, (t) (ii)

NSWMC to study and review the following; Criteria and guidelines for location, design, operation and maintenance of solid waste management facilities.

DENR Visitorial Powers Section 9 Visitorial Powers of the Department - The Department or its duly authorized representative shall have access to, and the right to copy there from, 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.

COMPREHENSIVE SOLID WASTE MANAGEMENT – GENERAL PROVISIONS Phasing Out of Dumpsites Section 14 (p)

To be included in the NSWM Status Report; “The method and procedure for the phase out and the eventual closure within eighteen (18) months from effectivity of this Act in case of existing open dumps and/or sanitary landfills located within an aquifer, groundwater reservoir or watershed area”.

Revised LGU Phase-Out Schedule

Section 16 For LGU’s 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

Laws and Regulations Report No: 6 AEA Technology Annex 4

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Criteria RA 9003 RA 9003 Implementing Rules and DENR AO 98-49 DENR AO 98-50 Regulations Technical Guidelines Location Criteria

the plan. Staged Compliance Program Rule 18, Section 2

Specific 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 LGU’s, which constitutes the use of open dumps for solid waste, be allowed after the effectivity of the Act; Provided, that within three (3) years after the effectivity of the Act, every LGU shall convert its open dumps into controlled dumps; Provided, further, that no controlled dumps shall be allowed five (5) years following effectivity of the Act. In order to facilitate the Act’s requirement that LGU’s convert their open dumps into controlled dumps, the Commission, shall direct the Department in collaboration with DILG, to formulate a staged-compliance program. The staged compliance program shall consider but not be limited to respective LGU classification and abilities to immediately comply with Section 41 of the Act. It shall also establish its base line from the inventory of all open dumpsites in the country, which must be completed not more than three (3) months following effectivity of these Rules and Regulations.

Internationally Accepted Practices – Disposal Selection and Development

Section 17 (h) The selection and development of disposal sites shall be made on the basis of internationally accepted standards and on the guidelines set in Sections 41 and 42 of this Act.

Improvement Strategies for Existing Sites

Section 17(h) 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.

Compliance Responsibilities Section 18 Responsibility for compliance with the standards in this Act shall rest with the owner and/or operator.

WASTE TRANSPORTATION Waste Transfer Vehicle Requirements

Section 24 For the purpose of identification, vehicles shall bear the body number, the name, and telephone number of the contractor/agency collecting solid waste.

WASTE MANAGEMENT FACILITIES – GENERAL Disposal Facility Inventory Section 36

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.


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Criteria RA 9003 RA 9003 Implementing Rules and

Regulations DENR AO 98-49

Technical Guidelines DENR AO 98-50

Location Criteria Open Dump Prohibition Section 37

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 LGU’s, 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 effectivity of this Act.

Rule 13, Section 1 No open dumpsites shall be established and operated by any person or entities, including the LGU’s, will be allowed. Within three (3) years following the effectivity of the Act, all open dumpsites shall be converted to controlled dumpsites to operate only within five (5) years and beyond the said period shall consider these facilities as deemed closed and phased out.

Dumpsite Classification Guidelines

Rule 13, Section 1 The Commission through the Department shall issue subsequent guidelines that will classify controlled dumpsites according to the following considerations; (a) volume of wastes received; (b) types and character of wastes received (c) cost requirements for operating the facilities

Disposal Facility Permit Requirements

Section 38 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.

Section 5 Licenses and Permits Issued by the Department No persons, entity or company will be allowed to construct or operate any SWM facility until the said person or entity has applied for and obtained valid permits and licenses to operate. The Bureau, in coordination with the relevant agencies and local government units, shall identify the specific permitting and licensing requirements under its existing regulatory functions for each of the corresponding phases of the SWM. The listing of permitting and licensing requirements shall be published within six (6) months following the effectivity of these Rules and Regulations.

SOLID WASTE MANAGEMENT FACILITIES – GUIDELINES FOR CONTROLLED DUMPSITES Guidelines – Controlled Dumpsites

Section 39 Guidelines for Controlled Dumps - The following shall be the minimum considerations for the establishment of controlled dumps:

Rule 13, Section 2 The following minimum requirements shall be applied in location, designing and operation of controlled dumpsites:

Site Availability Daylight hours only where feasible and consistent with waste collection and waste transfer operations. Avoid night time hours that are the most sensitive with respect to noise and artificial light, unless the site is remote from sensitive receivers. 06.00-18.00, 365 days per year. If night time working required, restrict working times to discrete periods (for example, mid evening and around day-break).


37


Criteria RA 9003 RA 9003 Implementing Rules and Regulations

DENR AO 98-49 Technical Guidelines

DENR AO 98-50 Location Criteria

Open Dump Prohibition Section 37 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 LGU’s, 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 effectivity of this Act.


Cover (a) Regular inert cover;

a) Daily cover consisting of inert materials or soil of at least 6 inches in thickness shall be applied at the end of the working day; where there is a lack of onsite soil material, other alternative materials may be used subject to the prior written approval of the enforcement authority and the Department;

Cover layer - minimum thickness for public open space s 600 mm (300 mm for drainage and 300 mm for soil). Grade slopes to promote surface run-off. Completed parts of the site should be seeded and planted with native species of grass as soon as possible on order to reduce the potential for soil erosion

Site Drainage (b) Surface water and peripheral site drainage control;

b) Drainage and runoff control shall be designed and managed such that storm water does not come in contact with waste and that discharge of sediments into the receiving body of water is minimized. Appropriate erosion protection shall be installed at storm discharge outfalls;

Isolate surface water and storm water flows from deposited waste in order to avoid potential washout. Surface water interception ditches to drain slopes up gradient of the area being filled. Minimize size of active area.

Decomposition Provision

(c) Provision for aerobic and anaerobic decomposition;

c) Provision for aerobic and anaerobic decomposition shall be instituted to control odour

Working Area Restriction and Waste Placement

(d) Restriction of waste deposition to small working areas;

d) Working areas shall be minimized and kept at no more than a ratio of 1.5 square meter (sqm) or less per ton/day (tpd) of waste received on a daily basis, e.g. 30 sqm working area for a 20 tpd facility;

Key issues in waste emplacement are as follows:

• Minimize active filling area to exert maximum environmental control;

• Minimize potential for environmental nuisance and impact to local amenity; and

Maximize available void space. Supervision of waste deposition by trained staff. Restriction of active waste deposition area to c. 2 Ha. And two faces. Compaction of waste by mobile plant to crush large hollow items and a minimum number of 3 passes of mobile plant. Limit layer thickness to a maximum of 0.75 m. Place inert cover materials, 100 mm thick, on exposed faces of waste daily (if available), at the very least every 3 days.


38







Intermediate cover, 150 mm thick, placed on temporarily completed areas of waste. Grade to drain clean water.

Site Management Particular responsibilities with regard to:

• Securing resource requirements; • Recruitment and appropriate

training of staff, and • Enforcement of site operational

practices Experienced Operations Manager with drive and commitment.

Site Control Access to site regulated. Waste pickers on site controlled by site management according to agreed rules and procedures (e.g. no setting fire to waste).

Fencing, Letter Control (e) Fence, including provision for litter control;

e) Security fencing shall be provided to prevent illegal entries, trespassing and large animal entries. Large animals shall include but not limited to adult domesticated or feral animals such as dogs, cats, cattle, pigs, carabaos and horses. Provisions for litter control including the use of litter fences and daily picking of litter shall be included;

Record Keeping (f) Basic record-keeping;

f) Basic record keeping including volume of waste received daily, special occurrences such as fires, accidents, spills, unauthorized loads (maintain record of unauthorized and rejected loads, name and address of hauler and generator of such unauthorized waste), and daily waste inspection logs;

Forward planning of site operations and efficient utilization of available void space. Quantity of waste loads and types of waste to be recorded manually by a site clerk. Information on difficult/special wastes to be recorded, including location of waste deposition.

Access Road Maintenance

(g) Provision of maintained access road;

g) Provision of maintained all-weather access roads;

Good access to the site off the principal haulage routes. Primary access road constructed to high standard to minimize wear and tear on delivery vehicles and maintain traffic-ability of haulage


39







routes to waste discharge areas in wet weather conditions. Permanent roads surfaced supporting two-way traffic flow. Minimum width of road 6 m (excluding shoulders). Temporary roads designed to facilitate drainage. Protection of the public from potentially dangerous site activities (e.g. mobile plant) Access to site regulated. Waste pickers on site controlled by site management according to agreed rules and procedures (e.g. no setting fire to waste).

Other Site Infrastructure Site support facilities to provide minimum levels of environmental control. Provisions may include the following:

• Services (electricity, water, etc.); and

• Small site office

Environmental Monitoring Monitoring of the groundwater Monitor existing water wells using approved water quality monitoring methods to determine and record the baseline quality of the groundwater while open dumping was resorted to. Regular monitoring thereafter to establish how controlled dump is affecting the quality of the groundwater

Maintenance Efficient functioning of the following components should be maintained:

• Site roads;


40







• Drainage works; and • Any mobile plant.

Regular daily and weekly servicing of mobile plant by qualified mechanic / fitter. Supply of spare parts of key items and components held on site. Maintenance of drainage works in advance of rainy season. Maintenance of site roads as and when required, at least quarterly. In wet weather re-grade as required.

Protection of Local Amenities Reduce impacts of site activities upon developments adjacent to the site to minimum levels. Key measures are:

• Use of litter fences; • Daily liner patrols within and

beyond site boundary; • Elimination of smoke from waste

on fire; • Control of pests and vermin; and • Reduction in persistent odours

through the application of cover.

Waste Picking (h) Controlled waste picking and trading;

h) Controlled waste picking and trading, if allowed by owner/operator, in order to facilitate daily covering and compliance to Subsections (a) through (e) above;

Post Closure (i) Post-closure site cover and vegetation;

i) Provision of at least 0.60 m final soil cover at closure, and post-closure maintenance of cover, drainage and vegetation; Post-closure maintenance shall be for a period of ten (10) years;

Public open space, recreational use, grazing and some other forms of agriculture (with suitable depth of soil) are compatible after uses. Building works are not recommended.

Hydrogeology (j) Hydrogeological location.

j) Site shall not be located in flood plains and areas subject to periodic flooding and it shall be hydro-geologically suitable, i.e., adequate separation or clearance between waste and underlying


41







groundwater and any surface body of water shall be provided. Engineering controls shall be provided otherwise.

Upon completion of the controlled dump the

site should be returned to some form of productive use. Public open space, recreational use, grazing and some other forms of agriculture (with suitable depth of soil) are compatible after uses. Building works are not recommended.

Restoration Site restored progressively upon completion of filling in any particular phase. Cover layer - minimum thickness for public open space s 600 mm (300 mm for drainage and 300 mm for soil). Grade slopes to promote surface run-off. Completed parts of the site should be seeded and planted with native species of grass as soon as possible on order to reduce the potential for soil erosion

Site Management Experienced Operations Manager with drive and commitment

Non-Compliance k) Open dumpsites that do not comply with location requirements of this Section shall be closed immediately. A replacement facility shall be, at a minimum, a controlled dump and shall meet the requirements of Rule XIII, and other applicable provisions of the IRR

SOLID WASTE MANAGEMENT FACILITIES – SANITARY LANDFILL SITING CRITERIA


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Sanitary Landfill Location Criteria

Section 40. Criteria for Location a Sanitary Landfill - The following shall be the minimum criteria for the location of sanitary landfills:

Rule 14, Section 1 The following guidelines, standards and criteria shall be applied in location and designing sanitary landfills:

This set of criteria is designed to aid the LGU’s in identifying and screening potential sites for developments as landfills. In cases where it is difficult to identify candidate sites based on the above criteria, the conditional criteria may be relaxed (see column 3) although this may necessitate the use if more expensive engineering in the design of the landfill site to achieve adequate environmental protection.

Section 4. Landfill Site Identification and Screening Criteria. The following criteria shall be used to identify and screen possible site of Sanitary Landfill:

1. Area Capacity and Availability

2. Haul Distance and Time

3. Proximity to Sensitive Groundwater Resources

4. Proximity to Perennial Surface Water

5. Occurrence of Flooding

6. Proximity to Sensitive Land Users

7. Local Ecological Conditions

8. Current and Future Land Use

9. Seismic Condition

10. Geologic Condition

11. Soil/Land Condition


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12. Topography

13. Proximity to Airports

Section 5. Site Identification and Screening Methodology. The sanitary landfill site identification methodology shall be composed of the following steps:

a. Data acquisition

b. Plotting of excluded areas, identified on the basis of the absolute criteria, in an appropriate map;

c. Identification of candidate areas from the map for field survey;

d. Site survey and evaluation; and

e. Selection of preferred site(s).

Data can be obtained from existing maps (1:50,000 or 1:200,000), aerial photographs, site visits and interviews with local officials and residents. The results of the location process should be presented in the form of an acceptability matrix showing the quantitative evaluation of each site based on the site identification and screening criteria.

The acceptability matrix will aid the local officials in assessing the best site for the proposed landfill and ecological waste management center. The final decision should be approved by the council of elected officials after due public consultation, taking account of both the technical and financial considerations.

The acceptability matrix will aid the local


44







officials in assessing the best site for the proposed landfill and ecological waste management center. Ultimately, a judgment may need to be made based on the extent of the conditional limitations of candidate sites, land acquisition arrangements and the accompanying financial considerations. The final decision of the location process will lie with the LGU’s.

Land Use Consistency (a) The site selected must be consistent with the overall land use plan of the LGU;

a) The location of the facility shall be consistent with the overall land use plan of the LGU.

Area Capacity & Availability

Absolute The site area should be sufficient for a landfill with a target service life of not less than 5 years. Conditional The area should be sufficient for a landfill with a target service life of approximately 10 years (based on 2.6 ha/100,000 population, 0.5 kg/person/day, 0.7 t/m3 density and 10 m depth). Considerations The minimum land area depends on the total service population, waste characteristics and generation rate, and expected landfill service life. Consideration for land ownership should also be taken into account, giving priority to publicly owned lands.

Haul Distance and Time Conditional Avoid areas more than 15 to 20 kilometers or 30 minutes travel time from the waste generation centers (road and traffic conditions should be considered). Considerations


45







If the distance or travel time is more than the indicated limits, investment in either larger capacity collection vehicles or transfer stations may be necessary (load capacity of bridges should also be considered).

Road Access (b) The site must be accessible from major roadways or thoroughfares;

b) The site shall be accessible from major roadways and thoroughfares, provided that if it is not accessible, the project design shall include means of access.

Cover Material Availability

(c) The site should have an adequate quantity of earth cover material that is easily handled and compacted;

c) The site shall have an adequate quantity of earth cover material that is easily handled and compacted; as an alternative, an offsite guaranteed source of cover material should be identified.

Proximity to Sensitive Groundwater Resources

Absolute The site should not be located in or up gradient of shallow unconfined aquifers for drinking water supply. Conditional Avoid areas considered part of a 10-year recharge area for existing or future potable water sources and confined aquifers (deep wells) for drinking water supply. Avoid areas 500 meters up gradient of private or public drinking, irrigation or livestock water supply wells. Considerations If the candidate site is situated on a well field with confined aquifers or within a 10-year recharge area, proper engineering measures are required to avoid the risk of ground water contamination. Existing or future drinking wells may be abandoned if alternative water supply sources/sites are readily and economically available, and the owners have given written consent to the potential risk of abandoning their wells.

Aviation Restrictions d) If the site is located within two (2) kilometers of an airport runway, it shall not pose a bird hazard to aircraft. The Owner/Operator shall institute a bird control program so as to prevent hazards to aircraft if

Absolute The site should not be located within 3 kilometers of an airport servicing turbojet aircraft or 1.6 kilometers of an airport-


46







bird population becomes significant due to the operation of the landfill. The site shall comply with other requirements for safety of flying aircraft in terms of height of structures, such as provisions for obstruction lights, if required.

servicing piston driven or turboprop (propeller) aircraft. Conditional Permission should be sought from the Air Transportation Office (ATO) if the site is located within 13 kilometers3 of the nearest airport Considerations The site should be located so as to reduce bird-strike hazard to aircraft and to ensure that the landfill's proposed final elevation will not exceed the maximum allowable top elevation as per ATO Guidelines.

Occurrence of Flooding Conditional Avoid locating site in areas prone to flooding. Also avoid salt lakes, swamplands, and low-lying coastal areas. Considerations The site may be located in swamplands or any low lying areas although, in such cases, stricter engineering measures will be required to avoid the risk of pollution due to surface water and ground water contamination. Engineering design should include protective measures, such as impervious dikes and liners to protect sites against a 100-year flood.

Water Supply Sources / Proximity to Perennial Surface Waters

e) Locations of public water supply intakes located within one (1) kilometre from the facility, including active public drinking water supply wells, shall be shown on a facility map.

Absolute The site should not be located within 300 meters up gradient of any surface waters used for drinking purposes. Conditional Avoid areas within 300 meters up gradient of a perennial river or stream. Considerations The conditional requirement may be adjusted if it is feasible to protect the stream from contamination through engineering


47







measures

Proximity to Sensitive Land users

Absolute The site should not be located in existing or proposed residential, commercial or urban development areas, and areas with archaeological, cultural and historical importance. Conditional Avoid areas within 250 meters of residential and industrial developments and within I km. Of memorial sites, churches, schools, historical site is otherwise isolated from these sensitive receivers. Avoid areas encroaching boundaries of any non-participating municipality. Considerations This distance constraint will depend on the topography of surrounding land and prevailing wild direction. Proper engineering and management measures, including visual barriers, should be implemented as the site's distance to sensitive public places decreases. The suitability of sites encroaching political boundaries will depend on the proximity, density of the nearest households and acceptability of the other political entity.

Local Ecological Conditions

Absolute The site should not be located within ecologically sensitive areas proclaimed by law as national parks (areas judged to be of national significance in terms of their natural landscape values or wildlife), conservation parks (areas with valuable wildlife or interesting natural features), recreation parks (areas managed primarily for public recreation in pleasant surrounding with some native vegetation), game reserves (areas of land and water for the conservation of native game species), forest reserves, sites of flora and fauna of national or regional


48







significance, or wetlands of important biodiversity Conditional Avoid areas within 500 meters of any ecologically sensitive areas proclaimed by law. Considerations Consideration for sites near ecologically sensitive areas will depend on the local conditions and accompanying engineering measures. The exact extent of any ecologically sensitive areas should be verified by reconnaissance survey.

Current and Future Land use

Absolute The site should not be located in areas with valuable mineral and energy resources, tourist destinations or across major transportation routes. Conditional Avoid areas classified as prime agricultural land and areas with major water, gas, electrical power or communication transmission infrastructure. Considerations The site may be located where there are existing infrastructure routes as long as their presence will not affect the landfill operation or rerouting is economically feasible. Land purchase costs for prime agricultural land will be relatively high and a change of land use will require a permit from the Department of Agrarian Reform. Stricter landfill operation will be required to avoid damage to crops on adjacent land.

Geologic Conditions / Surface Rupture Potential

f) The facility shall not be constructed within 75 meters from a Holocene fault or known recent active fault.

Absolute The site should not be located within 500 meters of active fault lines. Conditional


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Avoid areas with sinkholes, caverns or solution channels. Avoid jointed, fractured or fissured rocks; carbonate rocks (limestone) or other porous rock formations. Considerations If the site is to be located within an area of fissured, fractured or similar rock, stringent engineering design will be required to avoid landfill gas and leachate migration to groundwater. Areas with underground mines should be avoided unless the owners give explicit consent. Abandoned open pits used for mining precious metals may require additional field investigations relating to heavy metal contamination.

Soil/Land Conditions Absolute The site should not be located in soft and settling soils (sand, coarse sand, and fine sand) with a potential for liquefaction, slumping or erosion. Conditional Avoid areas with highly permeable soils (loamy fine sand, loamy sand, sandy loam, fine sandy loam and very fine sandy loam). Considerations Use of areas with high permeability soils will necessitate the use of appropriate liners and engineering measures to contamination of groundwater by leachate and landfill gas migration.

Archaeological and Cultural Resources

g) If significant archaeological and cultural resources are present at the site, such resources shall be protected and preserved.

Topography Conditional Avoid hilly area with ground slopes nominally greater than 20 %. Considerations Landfilling within hilly areas is feasible but


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steep slopes will increase the costs associated with the engineering and access arrangements.

Endangered Habitats h) If the site is a habitat of listed endangered species, mitigation measures for protection of the species as required by applicable laws shall be included in the project proposal

Community Sensitivities (d) The site must be chosen with regard for the sensitivities of the community's residents;

i) The site shall be chosen with regard to the sensitivities of the community’s residents. The Sangguniang Bayan/Lungsod of the host LGU shall adopt a resolution confirming compliance with the pertinent location, design criteria and standards. The resolution shall be deemed as having fully satisfied the public sensitivity requirement of this section.

Environmental Compliance

(e) The size 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;

m) The site shall be located in an area where the landfill’s operation will not detrimentally affect environmentally sensitive resources such as aquifers, groundwater reservoir or watershed area, by provision of the following special mitigation measures and additional criteria: 1. The facility shall be a minimum 50 meters away from any perennial stream, lake or river. 2. The site shall be evaluated for presence of geologic hazards, faults, unstable soils, its foundation stability, and its hydrogeology character. The site shall not be located in a floodplain. 3. It shall be provided with a composite base liner system consisting of a minimum 1.5-millimeter (mm) thick high-density polyethylene liner (HDPE) underlain by a soil liner with a minimum thickness to 0.60 meter (m) and maximum permeability of 1x10-6 centimetre/second (cm/sec). 4. A Geosynthetic Clay Liner (GCL) with a minimum thickness of 6.4 mm and permeability of 1x10-9 cm/sec or less may be substituted for the soil liner. Likewise, the design of the final cap shall be equivalent to its liner system in terms of permeability. The thickness of the final cover system shall be at least 1.5 m including a minimum 0.60 m thick soil foundation layer, its final cap, a drainage layer, and a vegetative layer of at least 0.30 m thick. If the thickness of the equivalent final cap makes the entire


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cover system less than 1.5 m thick, the deficiency shall be made up by increasing the thickness of the foundation layer. 5. Strict liner and final cap construction quality assurance (CQA) and testing shall be performed by a third party experienced in earthwork, clay and geosynthetic liner installation, quality assurance supervision, testing and inspection. The lead CQA person, as a minimum qualification or experience, must have supervised the installation of at least 100,0000 square meters each of clay and geosynthetic liner system; the CQA person or firm shall submit a construction completion report within 60 days of liner or final cap construction completion to the Department, certifying that construction of each liner system was performed and completed in accordance with its plans and specifications. The CQA report shall be certified by a registered Civil or Geotechnical Engineer or other registered Engineer, provided that the certifying Engineer shall have at least designed or supervised the installation of soil and geosynthetic liners of quantities similar to those of the lead CQA person.

Seismicity n) The design of the landfill shall be statically stable and shall be able to withstand the effects of a ground acceleration generated by an earthquake of 100-year or more recurrence interval.

Conditional Avoid areas with an average return period between 50 to 100 years for an earthquake of magnitude 6 and above. Considerations If the entire municipality is subject to this seismic risk, engineering measures may be applied to avoid the risk of groundwater contamination.

Groundwater Separation

o) A separation of at least two (2.0) meters shall be maintained between the top of the liner system and underlying groundwater

Surface Impoundment p) A temporary impoundment for drainage runoff shall be provided with a detention time sufficient for sediment removal and/or reduction, prior to its discharge

Facility Capacity (f) The site should be large q) The site shall be large enough to accommodate the


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enough to accommodate the community’s wastes for a period of five (5) years during which people must internalise the value of environmentally sound and sustainable solid waste disposal;

community’s waste for a period of five (5) years or more during which people must internalise the value of environmentally sound and sustainable waste disposal.

Budgetary Constraints (g) The site chosen should facilitate developing a landfill that will satisfy budgetary constraints, including site development, operation for many years, closure, post-closure care and possible remediation costs;

r) The site chosen shall facilitate developing a landfill that will satisfy budgetary constraints, including site development, operation for many years, closure and post-closure care and possible remediation costs.

Recycling Coordination (h) Operating plans must include provisions for coordinating with recycling and resource recovery projects; and

s) Operating plans shall include provisions for coordinating with recycling and resource recovery projects.

Household Hazardous Waste

(i) Designation of a separate containment area for household hazardous wastes.

t) Designation of a separate containment area for household hazardous wastes.

SOLID WASTE MANAGEMENT FACILITIES – SANITARY LANDFILL DESIGN CRITIERIA Sanitary Landfill Design Criteria

Section 41. Criteria for Establishment of Sanitary Landfill – The following shall be the minimum criteria for the establishment of sanitary landfills:

Site Design Based upon detailed site-specific surveys, inter alias of:

• Geology; • Hydrogeology (groundwater); • Hydrology (surface water); • Properties of site materials; and

Socio-economic conditions adjacent to the site. Prevailing legislation relating to ambient environmental conditions. Risk assessment of-key environmental constraints to establish appropriate levels of site engineering.


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Specified mitigation measures to minimize potential impact of site development (Environmental Management Plan).

Site Availability Daylight hours only where feasible and consistent with waste collection and waste transfer operations. Avoid night time hours which are the most sensitive with respect to noise and artificial light, unless remote and/or screened from sensitive receivers. 07.00-18.00,365 days per year. If night time working required, working areas must be provided with adequate noise screening and floodlighting to minimize environmental impacts and health and safety risks.

Buffer Zones and Standoffs

Dependent upon location criteria - where practicable landfill boundary at least 100 m from residential properties and at least 500 m from ecologically and environmentally sensitive areas (e.g. school, religious center). Landfill footprint >20 m from site boundary to permit:

• Installation of screening measures as required; and

• Remedial engineering measures. Putrescible waste to be deposited no closer than 50 m to isolated dwellings and 100 m from more extensive residential dwellings. Wherever practicable, putrescible waste to be deposited no closer than 200 m to isolated dwellings and 250 m to more extensive residential development.

Site Development Minimize active operational area (visual impact).


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Minimize area taken from potential productive use (economic impact). Return parts of the site to use as rapidly as possible. Progressive phased site development and restoration. Area method of filling using cellular approach. Operational Plan to include fill sequencing.

Liners (a) Liners – a system of clay layers and/or geosynthetic membranes used to contain leachate and reduce or prevent contaminant flow to groundwater;

Rule 14, Section 1 j) Except as provided by Section (m) of Rule XIV, for landfills located in sensitive resources areas, landfills shall be provided with a base liner system consisting of clay and/or geosynthetic membranes (Geomembranes). If clay is used, it shall have a minimum thickness of 0.75m and permeability of 1x10-

6 cm/sec or less. Geomembranes shall be at least 1.5 mm thick with a permeability of 1x10-14 cm/sec or less; Geosynthetic Clay Liners (GCL) shall have a thickness of at least 6.4 mm and permeability of 1x10-9 cm/sec or less. If composite liner is used (clay under geo-membrane), the thickness of the clay liner may be reduced to 0.60 m. The overlying geomembrane shall have the same properties as stated above. In the design of geosynthetic liners, international standards (e.g. Geosynthetic Research Institute, or applicable ASTM standards) shall be used for its design and specifications in terms of properties, manufacturing and construction quality assurance and testing procedures. Also from Rule 14, Section 1; m) The site shall be located in an area where the landfill’s operation will not detrimentally affect environmentally sensitive resources such as aquifers, groundwater reservoir or watershed area, by provision of the following special mitigation measures and additional criteria: 1. The facility shall be a minimum 50 meters away

Protection of groundwater and surface water resources - no discernible impact on existing (i.e. pre construction baseline) water quality. No discernible impact on the ability of surface water or groundwater to:

• Support aquatic or plant life; or • Be used by humans (e.g.

irrigation, industrial). Maximum specified permissible leakage rate determined from a risk assessment of the anticipated impact of the seepage of leachate. Based upon the environmental sensitivity of the site. Minimum standard is a multi-layered system, with synthetic and natural components, comprising 1.5 mm/2mm HDPE combined with 0.6 m of clay with permeability. >1.0 x 10-9 ms-1.

Annex 4

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from any perennial stream, lake or river. 2. The site shall be evaluated for presence of geologic hazards, faults, unstable soils, its foundation stability, and its hydrogeological character. The site shall not be located in a floodplain. 3. It shall be provided with a composite base liner system consisting of a minimum 1.5 millimetre (mm) thick high-density polyethylene liner (HDPE) underlain by a soil liner with a minimum thickness to 0.60 meter (m) and maximum permeability of 1x10-6 centimetre/second (cm/sec). 4. A Geosynthetic Clay Liner (GCL) with a minimum thickness of 6.4 mm and permeability of 1x10-9 cm/sec or less may be substituted for the soil liner. Likewise, the design of the final cap shall be equivalent to its liner system in terms of permeability. The thickness of the final cover system shall be at least 1.5 m including a minimum 0.60 m thick soil foundation layer, its final cap, a drainage layer, and a vegetative layer of at least 0.30 m thick. If the thickness of the equivalent final cap makes the entire cover system less than 1.5 m thick, the deficiency shall be made up by increasing the thickness of the foundation layer. 5. Strict liner and final cap construction quality assurance (CQA) and testing shall be performed by a third party experienced in earthwork, clay and geosynthetic liner installation, quality assurance supervision, testing and inspection. The lead CQA person, as a minimum qualification or experience, must have supervised the installation of at least 100,0000 square meters each of clay and geosynthetic liner system; the CQA person or firm shall submit a construction completion report within 60 days of liner or final cap construction completion to the Department, certifying that construction of each liner system was performed and completed in accordance with its plans and specifications. The CQA report shall be certified by a registered Civil or Geotechnical Engineer or other registered Engineer, provided that the certifying Engineer shall have at least designed or supervised the installation of soil and geosynthetic liners of quantities similar to those of the lead CQA person.


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Leachate Collection and Recovery

(b) 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;

Rule 14, Section 1 k) Leachate collection and removal system shall be provided and designed such that leachate build-up in the landfill will be minimized. For design purposes, an allowable leachate level of not more than 0.60 meter over the liner system shall be maintained. If leachate is discharged to a receiving body of water, the discharge shall meet effluent discharge and water quality criteria prescribed by DENR. l) Leachate storage facilities shall be designed with containment systems to prevent leachate from spillage and its migration into underlying groundwater or nearby surface body of water. For leachate impoundment ponds, the design shall include a geomembrane liner system, underlain by a low permeability soil layer of at least 0.30 m thick. The geomembrane liner shall be at least 1.5 mm thick with a permeability of 1x10-14 cm/sec or less; Liner specifications, CQA and engineering certification requirements shall be per provisions of Section 1m of Rule XIV. Adequate freeboard including allowance for rainfall volume and other safeguards shall be provided to prevent pond overflowing.

Minimize the generation of contaminated water (leachate) that poses a risk to the environment or that requires to be processed and treated. Minimize the potential for seepage through the basal containment system and avoid a build-up of leachate within the site. Treat leachate before effluent is permitted to be discharged back into the environment. Adopt cellular method of filling, with cell size based on water balance principles. Advocate leachate re-circulation to dry absorptive waste where feasible. Segregate clean water (see surface water/storm water drainage). Maximum head of leachate above the basal lining system of 1.0 m. Install leachate collection system above the basal containment layer. Minimum hydraulic conductivity of drainage layer -1 x 10-4 ms-1

Install provision for abstracting leachate from the landfill; Install provision for leachate treatment on-site or off-site at a suitable Sewage Treatment Plant (STP). Treated effluent to meet minimum quality standards specified by prevailing environmental legislation with respect to effluent standards.

Landfill Gas Control (c) Gas control 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;

u) A gas control system shall be provided when the volume of waste in the landfill has reached 0.5 million metric tons. The owner/operator shall consider recovery and conversion of methane gas into usable energy if economically viable. Prior to installation of gas control facilities, perimeter boundary gas monitoring shall be performed in accordance with Section 2(b) of Rule XIV.

Reduce the potential for the uncontrolled migration of landfill gas beyond the site boundary. Reduce the potential for gas pressurization within the deposited waste beneath the capped surface. Avoid build-up of landfill gas in confined spaces and the potential for explosions, asphyxiation,

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fires, etc within the site or beyond the site boundary. Install landfill gas collection system during site construction comprising vertical gas wells and horizontal collection pipes. Containment engineering (lateral and capping) to retard gas migration. For large and/or deep sites install active landfill gas extraction system, with gas plant, in order to regulate gas pressure within the landfill. Specify maximum permitted pressure above atmospheric pressure at a depth of 1 m below the capping layer (typical value-10mb above atmospheric). Maximum concentration of gases at the site boundary:

• Methane - 1 % by volume; • Carbon dioxide - 1.5 8 by

volume. Flammable gas -30 ppm (ambient/ground surface)

Groundwater Monitoring

(d) Ground water monitoring well system – wells placed at an appropriate location and depth for taking water samples that are representative of groundwater quality;

v) Groundwater monitoring wells shall be placed at appropriate locations and depth for taking water samples that are representative of groundwater quality and for predicting groundwater flow.

Road Construction Good access to the site off the principal haulage routes with uninterrupted access to emergency vehicles at all times. Primary access road constructed to high standard to minimize wear-and tear on delivery vehicles. Road routed away from sensitive residential developments to minimize potential noise, air quality and safety impacts. Maintain traffic-ability of haulage routes to


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waste deposition areas under all weather conditions. Surfaced road supporting two-way traffic. Minimum width of surfaced road 7.3m (excluding shoulders). Designed to conventional highway standards based upon projected traffic flows and equivalent axle loadings. Road routed in buffer zone. Screening mounds, vegetation belts and noise fencing required. Permanent roads surfaced. Temporary roads designed to facilitate drainage. Maintained, repaired and re-graded on a regular basis.

Surface Drainage Isolate surface water and storm water flows from deposited waste in order to avoid potential washout and to minimize the production of leachate. Where feasible avoid or re-route surface flows. If unavoidable culvert flows beneath containment layer. Surface water interception ditches to drain slopes up gradient of the area being filled. Construct temporary or permanent berms/bunds to prevent run-on of surface water and storm water and to segregate clean water from contaminated water. Grading of slopes in filled areas (temporarily or permanently capped) to shed water rapidly. Minimize size of active area

Groundwater Protection Isolate groundwater (including springs and seepages) from deposited waste in order to minimize the production of leachate.


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Avoid the potential for pressure build-up on the underside of the containment layer potentially leading to uplift. Install under drain system to intercept groundwater flows and to eliminate uplift pressures on the underside of the containment layer.

Landfill Cover (e) Cover – two (2) forms of cover consisting of soil and geosynthetic materials to protect the waste from long-term contact with the environment:

w) Cover shall consist of a daily soil cover at least 6 inches in thickness applied at the end of each workday. Alternative Daily Cover (ADC), maybe used provided that the owner/operator can demonstrate to the Department in writing, the equivalency of the proposed ADC in controlling infiltration, vector, odour and litter based on technical research or studies. In areas within the landfill that will not be used for at least 180 days, an additional interim soil cover of 6 inches thick shall be placed over the existing daily cover. The final cover shall consist of, from bottom to top, the foundation layer (consisting of 0.60m thick soil layer including interim cover), a final cap with an equivalent permeability as that of its liner system. A drainage layer and a vegetative layer. Installation of final cover shall be completed within sic (6) months from the last receipt of waste.

(i) A daily cover place over the waste at the close of each day’s operations, and;

(ii) A final cover, or cap, which is the material placed over the completed landfill to control infiltration of water, gas emission to the atmosphere, and erosion.

Closure Requirements (f) 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 least receipt of wastes; and

x) Closure of the landfill shall be completed within one year of cessation of landfill operation.


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Post Closure Requirements

(g) 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, re-mediating groundwater should it become contaminated and controlling landfill gas migration or emission.

y) Post-closure care shall be for a period of fifteen (15) years. DENR shall establish post-closure guidelines and requirements for financial assurance mechanisms within one year.

Restoration Site restored progressively upon completion of filling in any particular phase. Restored slopes consistent with:

• Prevailing topography; • Slope stability considerations; • Intended after use; and • Site drainage.

Minimize soil erosion and transport of suspended sediment in surface water. Capping layer overlain by agricultural solum comprising a subsoil drainage layer and organic and topsoil. Thickness of solum depends upon intended after use. Minimum thickness for public open space is 600 m (300mm for drainage and 300 mm for soil). Restoration Plan to be produced as a formal part of the Working Plan. Restored slopes lie typically in the range 1:4 (vertical: horizontal) to 1:30. Steeper and shallower slopes are not recommended. If slopes are too shallow settlement may disrupt the surface drainage pattern. Completed parts of the site should be seeded and planted with native species of grass as soon as possible in order to reduce the potential for soil erosion and desiccation of the capping layer.


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Sedimentation traps as part of surface water drainage system.

After-Use Upon completion the landfill facility should be returned to some form of productive use. Public open space, recreational use, grazing and other forms of agriculture are compatible after uses. Buildings and industrial activities are not recommended, especially on deep and/or large sites (continued settlement leachate and landfill gas generation.

After-Care Potential for contamination of the surrounding environment is high if operational controls are not maintained and site engineering fails or is breached. Aftercare Plan to be produced as formal par of the Working plan. Continued operation of all components of the leachate and landfill gas control and management systems. Continued environmental monitoring. Maintenance and re-grading/filling of capping layer and agricultural solum.

Other Site Infrastructure Site support facilities to underpin site construction and operation to high environmental standards. Provisions may include the following.

• Services (electricity, water, etc.); • Site offices; • Amenity block and mess room; • Weighbridge(s) and office; • Workshops and stores; • Fuel compound; • Waste inspection/quarantine area;


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• On-site laboratory; and • Vehicle washing facilities.

Working Plan Guidance on how the site will be operated and

developed in accordance with the site design. An essential component in order to maintain the environmental integrity of the site. The working Plan should include the following.

• Construction Method Statements; • Construction Quality Assurance

Protocol; • Construction Program;

• Phasing Plan; • Operational Plan; • Site Management Plan; • Environmental Management Plan; • Environmental Monitoring Plan • Restoration and Aftercare Plan; • Health and Safety Plan; • Emergency Response and

Procedures Plan; and • Plant and Infrastructure

Maintenance Protocol.

Small Facility Exemption

z) Small facility exemption from specific standards of this Section. The DENR will establish criteria for exemption within one (1) year from approval of the IRR.

Certification a) All technical reports, technical documents, plans and specifications pertaining to the engineering of the facility shall be certified and sealed by a licensed Engineer with relevant experience and expertise.

SOLID WASTE MANAGEMENT FACILITIES – SANITARY LANDFILL OPERATING PROCEDURES Sanitary Landfill Operating Procedures

Section 42. Operating Criteria for Sanitary Landfills. – In the operation of a sanitary landfill, each site operator shall maintain the following minimum operating requirements:

Rule 14, Section 2 In the operation of sanitary landfills, each site operator shall maintain the following minimum operating requirements;


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Site Management Particular responsibilities with regard to:

• Recruitment and appropriate training of staff;

• Enforcement of site operational practices; Implementation of H7S Policy, Emergency Response & Procedures Plan, Environmental Management Plan and Environmental Monitoring Plan. Operation of the landfill facility as designed, in full compliance with the specified Working Plan. Appropriately qualified and experienced Operations Manager, with established vocational training qualifications (if possible).

Site Records (a) Disposal site records of, but not limited to:

(1) 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;

(2) Records of

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

(3) Daily log book or file

of the following information: fires, landslides, earthquake damage, unusual and sudden settlement, injury and property damage,

a) Disposal site records of, but not limited to: 1. 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; 2. Records of excavations which may affect the safe and proper operation of the site or cause damage to adjoining properties; 3. Daily logbook or file of the following information: fire, landslides, earthquake damage, unusual and sudden settlement, injury and property damage, accidents, explosions, receipt or rejection of non-permitted wastes, flooding and other unusual occurrences; 4. Record of personnel training; and 5. 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

• Forward planning of human technical and financial resource requirements;


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accidents, explosions, receipt or rejection of unpermitted wastes, flooding, and other unusual occurrences;

(4) Record of personnel

training; and (5) 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:

Protection of Local Amenities No significant impact of site activities upon

developments adjacent to the site. Environmental impacts no more intrusive- or significant than assessed in the Environmental Assessment and incorporated in the Environmental Management Plan. Specification of permitted waste in the Site License. Routine visual inspection of waste loads at the waste reception area and at the active face prior to incorporation into the landfill. Adequately trained and alert and responsive site operatives (waste marshals and banks men). Chemical and physical analysis of waste loads at random and when the loads suspect. Quarantine of suspect loads pending receipt of analytical results. Effectiveness judged against: • No litter beyond site boundary (excluding

severe weather conditions); • No fires and no smoke on site; • No mud transferred to public highways; • Control of pests and vermin; • Escape of fugitive dust;


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• Absence of persistent odours; • Noise levels at sensitive receivers. Control/trigger levels where specified existing legislation should be used (e.g. ambient air quality, noise levels). Where it is not possible to stipulate controls quantitatively, effectiveness should be judged against a pre-determined response time to address any inherent problem.

Waste Recording, Inspection and Checking

Forward planning of site operations and efficient utilization of available void space. Quantities, sources and origin of waste loads to be recorded accurately over a weighbridge and logged electronically. To try to ensure that only permitted wastes are accepted at the landfill facility. To identify non-conforming loads and loads on fire.

Environmental Monitoring Site operations shall comply, at all times, with relevant National, Provincial and Local Environmental Legislation currently in force. Monitoring provides the mechanism for: • Assessing the overall environmental

impacts of site development; • Determining, at an early stage, potential

pollution emanating from the site; • Identifying any deviations from

acceptable standards of site operation; and

Formulating proposals for site remediation measures, as necessary. Environmental monitoring to be undertaken on a regular basis during all phases of site development, site restoration and upon, and following, completion of site activities. Measurements should include:


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• Surface water • Groundwater; • Leachate • Landfill gas; Noise; • Air quality The number of locations monitored and the range of parameter monitored is site specific. However, the following generalizations can be made: Water quality - indicator parameters (pH, conductivity or total dissolved solids, BOD, COD, ammoniacal nitrogen or nitrate, chloride and sulphate) monitored monthly at a minimum of four locations. More extensive suite, including major elements and ions and trace metal monitored quarterly. Water level - groundwater level monitored monthly at a minimum of six locations. Landfill gas - CO2' CH4' O and flammable gas measured routinely, at least monthly in confined spaces (buildings and boreholes) and along the site boundary. Noise - weekly measurement at locations adjacent to noise sensitive receivers. Air Quality - measurement of Total Suspended Particulates (TSP) and Respirable Suspended Particulates (RSP) weekly during major construction activities; fortnightly to monthly thereafter. Sulphur Dioxide (SO2) and Oxides of Nitrogen (NOx) may also be measured monthly in critical/sensitive locations.

Water Quality Monitoring (b) Water quality monitoring of surface and ground waters and effluent, and gas emissions;

b) Water quality monitoring of surface and ground waters and effluent, and gas emissions shall be performed in frequencies prescribed by the Department on a project by project basis; Parameters for groundwater, effluent and surface waters shall be as prescribed by the Department in the facility’s


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Laws and Regulations Report No: 6 Annex 4

68AEA Technology






permit. For landfills sited under Section 1m of Rule XIV of this IRR, groundwater, perimeter gas monitoring and receiving surface water monitoring shall be on a quarterly basis and treated leachate effluent discharge shall be monitored for pH, 5-day Biochemical Oxygen Demand (BOD5) and Total Suspended Solids (TSS) concentrations on a weekly basis or when discharged if discharge is not on a daily basis, and shall not exceed limits prescribed by the Department according to the classification of the receiving body of water. Other parameters to be monitored and their respective frequencies shall be in accordance with the facility’s permit. Owners/Operators of Section 1m of Rule XIV facilities shall submit monitoring and inspection reports on a quarterly basis to the designated enforcement authority with a copy furnished to the Department and other relevant agencies. The report shall be certified as to its correctness and accuracy by the owner/operator or his designated (in writing) representative. For other facilities, reporting frequencies shall be specified by the Department but in no case will it be more frequent than quarterly basis unless the facility is in a state of verification/assessment monitoring. c) Groundwater Sampling Protocol – The DENR shall establish requirements and guidelines within one year from approval of this IRR. d) Background Groundwater quality Monitoring Statistical Data Evaluation and Establishment of Concentration Limits for contaminant Indicators – The DENR shall establish requirements and guidelines within one year from approval of IRR. e) Detection Groundwater Monitoring Data Statistical Analysis, Verification Monitoring – The DENR shall establish requirements and guidelines within one year from approval of IRR. f) Assessment Monitoring and Corrective Action – The DENR shall establish requirements and guidelines within one year from approval of IRR.

Documentation of Approvals (c) Documentation of approvals, g) Documentation of approvals, all reports,







determinations and other requirements by the Department;

certification, plans and specifications, as built drawings, determinations and other requirements by the Department and other pertinent and relevant documents shall be kept in the facility’s operating record.

Signage (d) Signs –

(1) 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;

(2) 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 be accepted or not;

(3) 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

(4) Additional signs and/or measures

may be required at a disposal site by the Department to protect personnel and public health and safety;

h) Signs: 1. 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; 2. 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; and easily visible sign at an appropriate point shall indicate the schedule of charges and the general types of materials which will be accepted or not; 3. 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 4. Additional signs and/or measures may be required at a disposal site by the Department to protect personnel and public health and safety.

Gas and Liquid Emission Monitoring

(e) Monitoring of quality of surface, ground and effluent waters, and gas emissions;


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Authorized Access (f) The site shall be designed to

discourage unauthorized access by persons and vehicles by using a perimeter barrier or topographic constraints. Areas within the site where open storage or ponding 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;

i) 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 ponding 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 to be fenced to create an appropriate level of security.

Protection of site engineering measures, particularly containment engineering. Protection of the public from potentially dangerous site activities (e.g. mobile plant, potentially unstable slopes landfill gas, etc.). Site to be securely fenced, particularly in the following areas: • Waste reception area;

• Waste quarantine area; • Mobile Plant compound • Treatment plants; • Active waste emplacement cell(s); • Ponds and lagoons; • Uncapped areas of the site. Access to site regulated- visitors to sign in. No waste pickers permitted on site.

Site Access Roads (g) Roads within the permitted facility boundary shall be designed to minimize the generation of dust and the tracking of materials 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;

j) Roads within the permitted facility boundary shall be designed to minimize the generation of dust and the tracking of materials 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 (h) 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;

k) 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.

Potable Water Supply (i) Safe and adequate drinking water supply for the site personnel shall be available;

l) Safe and adequate drinking water supply for the site personnel shall be available.


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Communication (j) The site shall have communication facilities available to site personnel to allow quick response to emergencies;

m) The site shall have communication facilities available to site personnel to allow quick response to emergencies.

Lighting (k) 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;

n) 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.

Safety Equipment (l) Operating and maintenance personnel shall wear and use appropriate safety equipment as required by the Department;

o) Operating and maintenance personnel shall wear and use appropriate safety equipment as required by the Department.

Training (m) 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;

p) 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.

Supervision (n) 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;

q) 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.

Attendant For Public Disposal (o) Any disposal site open to the public shall have an attendant present during public operating hours or the site shall be inspected by the operator on a regularly

r) 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.


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scheduled basis, as determined by the Department;

Waste Deposition (p) 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;

s) 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. For practical purposes, a working area shall be limited to 1.5 square meters or less per ton/day (tpd) of waste received on a daily basis, e.g. 30 sqm working area for a 20-tpd facility.

Waste Placement (q) 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;

t) 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 0.60 m or two feet before compaction. Spreading and compacting shall be accomplished as rapidly as practicable, unless otherwise approved by the Department.

A number of key issues are involved in waste emplacement in order that waste may be off loaded and deposited in the most secure, efficient and safest manner, with respect to site users, site personnel and the site environs: • Minimize active filling area to exert

maximum environmental control (e.g.. minimize leachate generation);

• Minimize potential for environmental nuisance and impact to local amenity; and

Maximize available void space. Supervision of waste deposition by adequately trained and experienced staff. Phased site development and cellular method of filling; cell size optimised on the basis of water balance principles. Compaction of waste by mobile plant to specified target placements densities, typically between 0.8-0.9 t/m3 adopting a maximum layer thickness of 0.5m. Inert cover materials placed on exposed faces of waste at the end of each day or upon completion of a life (2.5 m high). Cover material - usually 300 mm thick.


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Intermediate cover, usually 300 mm thick, placed on temporarily completed areas of waste.

Surface Grading (r) Covered surfaces of the disposal area shall be graded to promote lateral runoff of precipitation and to prevent ponding. 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

u) Covered surfaces of the disposal area shall be graded to promote lateral runoff of precipitation and to prevent ponding. Grades shall be established of sufficient slopes to accost for future settlement of the fill surface. The Department may allow other effective maintenance methods.

Maintenance Efficient functioning of all components of the landfill facility should be maintained, including, inter alia, the following: • Site roads; • Drainage works; • Leachate collection and transfer system; • Landfill gas transfer system; • Treatment plants; • Buildings; and Mobile plant, fixed plant and vehicles. Built-in redundancy and flexibility for key elements of site construction and operation (e.g. modular leachate treatment plant with duty and standby pumps). Standby/alternate power supply. Preventative maintenance schedule to be adopted allied with routine and regular servicing by qualified mechanic/fitter. Supply of spare parts of key items and components held on site.

Earth Material Storage (s) 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,

v) 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.


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access, safety, drainage, or other operations.

LOCAL GOVERNMENT SOLID WASTE MANAGEMENT Common Facilities Section 44

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

Enhanced Permitting Procedures

Rule 16, Section 1, D, 3 The Commission through the Department shall provide support to SWM projects requiring an ECC. It shall thereby hasten the EIA process by formulating a guideline for the specific procedure of EIA for SWM projects. Similarly, the Local SWM Boards/Local SWM Cluster Boards shall establish simplified and efficient procedure for permitting and licensing functions.

PROHIBITED ACTS Prohibited Acts Section 48

The following acts are Prohibited;

Open Burning (3) The open burning of solid waste.

Squatting (5) Squatting in open dumps and landfills.

Facility Implementation Schedules

(9) Establishment or operation of open dumps as enjoined in this Act, or closure of said dumps in violation of Sec. 37

Unauthorized Dumping (13) Transport and dumping in bulk of collected domestic, industrial, commercial and institutional wastes in areas other


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than centers of facilities prescribed under this Act

Permits and Approvals (14) 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

Vicinity Development (15) The construction of any establishment within two hundred (200) meters from open dumps or controlled dumps or sanitary landfills

Surface and Groundwater Resource Proximity

(16) The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir or watershed area and or any portions thereof

MISCELLANEOUS PROVISIONS Legal Transition Section 62

Transitory Provision Pending the establishment of the framework under Sec. 15 hereof, plans under Sec. 16 and promulgation of the IRR under Sec. 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.


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Facility Closure or Suspension Rule 19, Section 8 Closure or Suspension of Operations of Solid Waste Management Facilities - The Department shall have the authority to order the closure or suspension of developments, construction or operation of solid waste management facilities pursuant to existing laws, rules and regulations.

Inconsistent Laws Section 65 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.

Public Access To Records Rule 22, Section 1 Public Access to Records Any record, report or information obtained by the NSWMC and /or its secretariat, and their local offices, under the Act and the IRR, shall be available to the public.


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Annex 4 Review of Medical Waste Legislation P.D. 1151 - Philippine Environmental Policy Section 4. Environmental Impact Statements.

Pursuant to the enunciated policies and goals, all agencies and instrumentalities of the national government, including government-owned or controlled corporations, as well as private corporations, firms and entities shall prepare, file and include in every action, project or undertaking which significantly affects the quality of environment a detailed statement on:

a) The environmental impact of the proposed action, project or undertaking; b) Any adverse environmental effects which can not be avoided should the proposal be implemented; c) Alternative to the proposed action; d) A determination that the short-term uses of the resources of the environment a-re consistent with the maintenance and enhancement of the long-term productivity of the same; and e) Whenever a proposal involves the use of depletable or non- renewable resources, a finding must be made that such use and commitment are warranted.

Before an environmental impact statement is issued by a lead agency, all agencies having jurisdiction over, or special expertise on, the subject matter involved shall comment on the draft environmental impact statement made by the lead agency within thirty (30) days from receipt of the same. Republic Act No. 3931 Known as the Pollution Control Law Section 9. Prohibitions No person shall throw, run, drain, or otherwise dispose into any of the water and/or atmospheric air of the Philippines, or cause, permit, suffer to be thrown, run, drain, allow to see or otherwise dispose into such waters or atmospheric air, any organic or inorganic matter or any substance in gaseous of liquid form that shall cause pollution of such waters or atmospheric air. No person shall perform any of the following activities without first securing a permit from the city or district engineer for the discharge of all industrial wastes and other waste which are or may be discharged into the waters or atmospheric air of the Philippines, which could cause pollution thereof: 1. The construction, installation, modification, or operation of any sewage works or any extension or addition thereto; 2. The increase in volume or strength of any wastes in excess of the permissive discharge specified under any existing permit. 3. The construction, installation, or operation of any industrial or commercial establishments thereof or addition thereto, the operation of which would cause an increase in the discharge of wastes directly into the waters of atmospheric air of the Philippines or would otherwise alter the physical, chemical or biological properties of any waters or atmospheric air of the Philippines in any manner not already lawfully authorized. 4. The construction or use of any new outlet for the discharge of any waste, gaseous or liquid, directly into the waters or atmospheric air to the Philippines.


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P.D. 1162 - Philippine Environment Code Title V - Waste Management Section 42. Purposes. The purposes of this 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 wastes and waste products; and c. To provide measures to guide and encourage appropriate government agencies in establishing sound, efficient, comprehensive and effective waste management.

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 program. 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 it's effective implementation.

Section 44. Responsibility of Local Government Each province, city or municipality shall provide measures to facilitate 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 Io cal governments upon request made through the National Environmental Protection Council and subject to such terms and conditions as the latter may provide. Chapter 11 - 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 or propose to 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 wastes matter; and


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the equipment and machinery needed to accomplish its operations. In no case shall landfill or work locations under this Section be located along any shore or cost-line, 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 Installation and establishment of incineration or composting plants, or the alteration/modification of any part thereof shall be regulated by the local governments in coordination with the Environmental Management Bureau. Section 48. Disposal Sites The location of solid waste disposal sites shall conform to existing zoning, land use standards, and pollution control regulation. Section 49. Dumping into the Sea and Other Navigational Waters The dumping or disposal of solid wastes into the sea and any body of water in the Philippines, including shore-lines and river banks, where the waste 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 regulation of the Philippine Coast Guard and the Environmental Management Bureau. Government agencies and private entities, which are undertaking solid waste management programs, shall make consultations with respect to the effects of such dumping to 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. Applicability of Section 49. The provisions apply to the dumping or disposal of liquid waste into the sea and other bodies of water. Commonwealth Act 383 An act to punish the dumping into any river of refuse wastewater or substances of any kind whatsoever that may bring about the rise or filling in of river beds or cause artificial alluvial formations. Section 1. The dumping into any river of refuse, waste matter or substances of any kind whatsoever that may cause an elevation in the level or river beds, or block the course of a stream, is prohibited. P.D. 425 Provides penalties for improper disposal-al of garbage and other forms of un-cleanliness and for other purposes. Section 1. Any provision of existing laws to the contrary notwithstanding, all citizens and residents of the Philippines, all universities, colleges and schools and other similar institutions, private as well as


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public; all commercial and industrial establishments, such as hotels, restaurants, hospitals, cinema houses, public markets, department stores, groceries and the like; all public conveyances; all residential houses, and all other establishment of any kinds, shall undertake their cleaning of their surroundings; their yards and gardens, as well as the canals, roads and streets in their immediate premises. Section 2. Any person, who shall litter or throw garbage, filth, or other waste matters in public places, such as roads, canals esteros or parks, shall suffer an imprisonment of not less than 5 days nor more than one year or a fine of not less than P100 or more than P2, 000.00 or both such fine and imprisonment at the discretion of the Court or tribunal, without prejudice to the imposition of a higher penalty under any other law or decree. If the violator is a corporation, firm, or other corporate entities, the maximum penalty shall be imposed upon the president, manager, director or persons responsible for its operation. Section 3. Owners of idled lots in Greater Manila are required to keep their idle lots to protect them from becoming the breeding places of mosquitoes, flies, mice, rats and other scavengers. In the event of their failure of inability to comply with this obligation, the government shall undertake the cleaning of said lots at the expense of the owners. The government through the Barangay Council further utilize the land for its food production program. Section 4. The Secretary of Public Works, Transportation and Communication, with the assistance of health officials and local government concerned, shall supervise the implementation of this decree. P.D. 8S6 - Code on Sanitation of the Philippines Chapter XVIII - Refuse Disposal Section 81. Definition of Terms As used in this Chapter, refuse is an inclusive term for all solid waste products consisting of garbage, rubbish, ashes, night soil, manure, dead animals, street sweepings and industrial wastes. Section 82. Responsibility of Cities and Municipalities Cities and municipalities shall provide an adequate and efficient system of collecting, transporting and disposing refuse in their areas of jurisdiction in a manner approved by the Local Health Authority. Section 83. Additional Requirements

a. Occupants of buildings and residences shall; provide a sufficient number of receptacles for refuse. Refuse in receptacles shall be protected against vermin and other animals. b. Refuse shall be disposed through a municipal collection service. It this service is not available, disposal shall be by incineration, burying, sanitary landfill or any method approved by the Local Health Authority. c. Refuse shall not be thrown in any street, sidewalk, yard, park or any body of water. It shall be stored in a suitable container while awaiting its final disposal. d. Streets shall be kept clean by occupants or owners of properties lining the street from the line of the property to the middle of the street and from one property to the other. e. Parks, plazas and streets adjacent to public buildings shall be kept clean by the local government concerned.


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Chapter XIX - Nuisances and Offensive Trades and Occupations Section 86. Responsibilities of Owners, Managers or Operators The owners, manager or operators of establishment shall:

a. Secure a sanitary permit from the local health authority before establishing and operating their business or trade; b. Remove daily all injurious by-products and wastes; c. Prevent the escape of industrial impurities and adopt methods to render them innocuous; d. Maintain working establishments and their premises clean and sanitary at all times; e. Store all materials properly to prevent emission of noxious or injurious effluvia.

Chapter XXI - Disposal of Dead Persons Section 91. Burial Requirements.

The burial requirements are subject to the following requirements.

a. No remains shall be buried without a death certificate. The attending physician shall issue this certificate. If there has been no physician in attendance, it shall be issued by the mayor, the secretary if the municipal board, or a councillors of the municipality where the death occurred. The death certificate shall be forwarded to the local civi.1 register within 48 hours after death. b. Shipment of remains abroad shall be governed by the regulations of the Bureau of Quarantine. c. Graves where remains are buried shall be at least one and one-half deep and filled well and firmly. d. The cost of burial of a dead person shall be borne by the nearest kin. If the kin is not financially capable of defraying the expenses or if the deceased had no kin, the cost shall be borne by the city or municipal government. e. The burial of remains in city or municipal burial grounds shall not be prohibited on account of race, nationality, religion or political persuasion. f. If the person who issues a death certificate has reasons to believe or suspect that the cause of death was due to violence, he shall notify immediately the local authorities concerned. In this case the deceased shall not be buried until permission is obtained from the provincial or city fiscal. If these officials are not available the permission shall be obtained from any government official authorized by law. g. Except when required by legal investigation or when permitted by the Local Health Authority, no un-embalmed remains shall remain unburied longer than 48 hours after death. h. When the cause of death is a dangerous communicable disease, the remains shall be buried within 12 hours after death. They shall not be taken to any place of public assembly only the adult members of the family of the deceased may be permitted to attend the funeral.

Section 92. Disinterment Requirements Disinterment of remains is subject to the following requirements.

a. Permission to disinter remains of persons who died of non- dangerous communicable diseases may be granted after a burial period of three years. b. Permission to disinter remains of persons who died of dangerous communicable diseases may be granted after burial period of five years.


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c. Disinterment of remains covered in paragraphs "a" and 'b" of this Section may be permitted within a shorter time than that prescribed in special cases, subject to the approval of the Regional Director concerned or is duly authorized representative. d. In all cases of disinterment, the remains shall be disinfected and places in a durable and sealed container prior to their final disposal.

Section 98. Special Precautions for Safe Handling of Cadavers Containing Radioactive Isotopes a. Cadavers containing only traces (very small dose) of radioactive isotope do not require any special handling precautions. b. Cadavers containing large amounts of radioactive isotopes should be labelled properly identifying the type and amount of radioactive isotopes present and the date of its administration. c. Before autopsy is performed, the Radiation Health Officer or his duly authorized representative should be notified for proper advice. The pathologist and/or embalmer should be warned accordingly of the radioactivity of the cadaver so that radiation precautions can be properly enforced. d. Normal burial procedures, rules and regulations may be carried out on the above mentioned cadavers provided that their amount of radioactivity has decayed to a safe level which will be determined by the Radiation Health Officer or his authorized representative. e. Cremation. If cremation is performed without autopsy, there is no handling problem; otherwise autopsy precautions should be strictly enforced. Precautions should be taken to prevent any possible concentration of radioactivity at the base of the stack of the crematorium.

P.D. 600 - Prevention and Control of Marine Pollution Section 4. Deposit of Refuse in Navigable Water It shall be unlawful to throw, discharge, or deposit, or cause, suffer, or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft of any kind, or form the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state into any tributary of any navigable water from which the same shall float or be washed into such navigable water; and it shall be unlawful to deposit, or cause, suffer or procure to be deposited material of any kind in any place on the bank of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed or increase the level of pollution of such water: Provided, that nothing herein contained shall extend to, apply to, or prohibit the operations in connection with the improvement of navigable waters or construction of public works; Provide, further, That the Commandant, Philippine Coast Guard, whenever in his judgment navigation will not be injured thereby, may permit the deposit of any material above mentioned in navigable waters, within limits to be defined and under conditions to be prescribed by him, provided application made to him prior to depositing such Material; and whenever any permit is so granted the conditions thereof shall be strictly complied with and any violation thereof shall be unlawful. Section 6 Prohibition Against Discharge of Oil and Other Harmful Substances


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Except in case of emergency imperilling life or property, or unavoidable accident, collision, or stranding, except as otherwise permitted by regulations prescribed by the Commandant, Philippine Coast Guard, it shall be unlawful for any person to discharge, or suffer, or permit the discharge of oil, noxious liquid substances and other harmful substances, by any method, means or manner into or upon the territorial and inland waters of the Philippines. Republic Act No. 6969 An Act to Control Toxic Substances and Hazardous and Nuclear Wastes, Providing Penalties for Violations thereof, and for Other Purposes. Section 3 -SCOPE This act shall cover the importation, manufacture, processing, handling, storage, transportation, sale distribution, use and disposal of all unregulated chemical substances and mixtures in the Philippines, including the entry in transit, as well as the keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever purpose.


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final report report no: 6 laws and regulations metro manila

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