RA 9003 COMPLIANCE

OPTIONS FOR LOCAL

GOVERNMENT UNITS

part I

National Solid Waste Management Commission

Milestone Dates for RA 9003

January 26, 2001

Approval of RA 9003February 16, 2001

Effectivity of RA 9003December 21, 2001

Signing of the IRR of RA 9003February 16, 2004

All Open Dumpsites should have been closed or converted to Controlled Disposal Facilities (Sec. 37)

February 16, 2006

All Controlled Disposal Facilities shall be deemed closed and phase-out (Sec. 37)

Solid Waste under RA 9003

> discarded household

commercial waste

> non-hazardous

institutional and

industrial waste

> street sweepings

> construction debris

> agricultural waste

> other non-hazardous/

non-toxic wastes

Institutional Structure

Ecological Solid Waste

Management Act

Local Government

Units

(Implementation)

National Solid Waste

Management Commission

(Policy Making)

Waste Generators/Citizens

DENR-EMB-NSWMC/S(Technical Supportand Enforcement)

Government Sector:

• DENR (Chairman) PIA

• DILG MMDA

• DOST League of Provinces

• DPWH League of Cities

• DOH League of Municipalities

• DTI Liga ng mga Barangay

• DA

• TESDA

17 Partners at the NSWMC

Non-Government Sector:

1 - representative from the NGO sector

1 - representative from the Recycling

Industry

1 - representative from the

Manufacturing/Packaging industry

17 Partners at the NSWMC

provide technical and other capability building assistance and support to LGUs and other private sectors

recommend policies to eliminate barriers to waste reduction programs

exercise visitorial and enforcement powers to ensure strict compliance

issue rules and regulations

Role of the DENR

ROLE OF THE LGU

primarily responsible for the implementation and enforcement of the provisions of this Act within their respective jurisdictions

barangay level shall conduct segregation and collection of solid waste for biodegradable, compostable and reusable wastes

municipality or city shall be responsible for the collection of non-recyclable materials and special wastes

Creation of the following Solid

Waste Management Boards at

the Local Government Level:

Provincial SWM Board

City/Municipal

SWM Board

Barangay SWM

Committee

COMPLIANCE with RA 9003

• Sec 21 – Segregation at Source

• Sec 23 – Segregated Collection

• Sec 33 - Recovery/Recycling Systems

• Sec 37 – Closure/Conversion of Open

Dumps to CDF

• Controlled Disposal Facilities

• Final Disposal Systems

COMPLIANCE with RA 9003

Sec 21 – Segregation at Source

The most indispensable element of any effective ESWM Program

Proven by the enactment of an Ordinance that mandates at Municipal Solid Wastes (MSW) must be segregated at source and placed in at least 3 separate containers, (a) Compostables, (b) Recyclables, and (c) Residuals

Compliance is monitored through Barangay Level Monitoring Systems

Classification of Waste under

RA 9003

Special Wastes

RecyclablesCompostable

s

Non-recyclables/residuals

Compostable wastes are biodegradable

wastes such as food waste, garden waste and

animal waste.

Examples are:

Fruit and vegetable peelings, leftover foods,

vegetable trims, fish/fowl/meat/animal entrails/,

soft shells, seeds, leaves, etc.,

COMPOSTABLE WASTE

Recyclable materials refer to any waste material

retrieved from the waste stream and free from

contamination that can still be converted into

suitable beneficial use.

Examples are:

Newspaper, ferrous and non-ferrous

scrap metals, corrugated cardboard,

aluminum, tin cans, glass, papers, etc.,

RECYCLABLE WASTE

Special waste refer to household hazardous

wastes.

Examples are:

Paints, thinner, household batteries, lead-acid

batteries, spray canisters, bulky wastes, consumer

electronics (which refer to worn-out, broken and

other discarded items), white goods (which refer to

large worn-out or broken household appliances),

oil, tires, etc.,

SPECIAL WASTE

Residual wastes are solid waste materials

that are non-compostable and non-recyclable.

Examples are:

Sanitary napkins, disposable diapers, worn-out

rugs, ceramics, candy wrappers/sachets, cartons

which contain a plastic lining usually used for

milk and juice containers, etc.,

RESIDUAL WASTE

COMPLIANCE with RA 9003

• Sec 23 – Segregated Collection This is the Backbone of any effective ESWM

Program

Ground-Level Enforcement Method through “No Segregation-No Collection”

Proven through the same Ordinance for Sec 21 but capable of ground verification

Separate days and/or hours; Separate trucks or chambers

Socio-civic Trust Fund for the maintenance of garbage collection trucks to ensure efficiency of collection and prevention of backslide.

garden/farm junkshop/nagreresiklo treatment plant

Pagbubukud-bukod sa pinanggalingan

Tamang paghiwa-

hiwalay ng BASURA

Solid Waste Composition

Food and

Other

organics,

50%Plastics,

25%

Paper,

12%

Special/Hazardous, 1%Metals, 5%

Residuals, 4%Glass, 3%

Waste Analysis and Characterization Survey (WACS)-Metro Manila Solid Waste

Management Project, ADB 2003

2000 2010

Mln. T/Yr. % of total Mln. T/Yr % of total

NCR 2.45 23.0 3.14 22.3

Cordillera AR 0.17 1.6 0.21 1.5

Ilocos 0.50 4.7 0.63 4.5

Cagayan Valley 0.32 3.0 0.40 2.8

Central Luzon 0.96 9.0 1.32 9.4

Southern Tagalog 1.42 13.3 2.11 15.0

Bicol 0.54 5.1 0.65 4.6

Western Visayas 0.82 7.7 1.00 7.1

Central Visayas 0.74 7.0 1.01 7.2

Eastern Visayas 0.43 4.0 0.51 3.6

Western Mindanao 0.40 3.8 0.53 3.8

Northern Mindanao 0.37 3.4 0.47 3.4

Southern Mindanao 0.70 6.6 0.97 6.9

Central Mindanao 0.33 3.1 0.41 2.9

ARMM 0.26 2.5 0.39 2.7

Caraga 0.26 2.4 0.31 2.2

National 10.67 100 14.05 100

National Waste Generation (2000-2010)

REGION 1

REGION 3

REGION 4A

REGION 4B

REGION 5

REGION 6

REGION 7

REGION 8

REGION 9

REGION 10

REGION 11

REGION 12

REGION 13

NCR

CAR

REGION 2

Establishment of

Materials Recovery

Facility/System

(MRF/S)

Content of Presentation:

• Total Segregation Approach

• Sorting At Source

• Segregated Collection

• Village-level Collection

• Community / Barangay -level Collection

• Segregated Destination

• Management of Compostables or Biodegradables

• Management of Recyclables or Non-biodegradables

Sorting at Source

• Provide easy

segregation system

at source.

• Use of color-coded

bins with pictures is

recommended.

• System should be

understood by child

to ensure that adults

also understand.

For Campuses & Buildings

Segregated Collection:Village-level Collection

• Daily segregated collection is best for

villages with a budget for bio-man.

• Every bio-man can cover 200 houses

daily @ P1.00.

• He can earn P5000 in 25 days of work.

Some communities may opt to bring their

segregated wastes to bins located at strategic

places within their village.

More economical when collectors are absent.

Segregated Collection:

Community Collection

Segregated Destination:

Urban Poor Community Approach Even urban poor

families can improvise and develop their own bin system.

A small open space or street corner is enough.

Contents are collected weekly by barangay.

Village Eco-center 1

Village Eco-center 2Village Eco-Center 3

Immediate Sale of Recyclables

• If buyers of factory returnables are available, then non-bio wastes do not have to be brought to the barangay MRF.

• The proceeds are realized by the village.

• Less transport costs are incurred.

Barangay MRF

Segregated Destination:

Management of Compostable or

Biodegradable Materials

• Compostable waste need not leave the home. There are

many practical ways of managing compostable waste.

• This will require the re-use of certain discarded materials.

1. Backyard Compost

Pits

2. TOWER TIRES

3. BOTTOMLESS

COMPOSTERS

4. COMPOSTING IN

CLAY POTS

5. Hanging Container Composting

6. VERMICOMPOSTING

• To improve

the quality

of compost,

it may be fed to vermi-

worms and the manure

is collected as vermi-

castings.

• This process produces

the best quality organic

soil conditioner, which

is practiced in many

parts of the world.

Large-scale MRF OperationIf the city goes into large-scale MRFs, then the use

of machines will have to come in.

There are also several local technologies available

for rapid composting and other alternative

technologies to manage biodegradable materials.

Use of Large

Shredders/ChippersUse of Fabricated 1Ton

Capacity Bioreactor

1. Mulching Operation

Large-scale MRF Operation

3. Sieving of shredded

compost4. Compost Processing

2. Shredding of Dried

Compostables

5. Fermentation Phase

When bio-waste achieves the proper

carbon:nitrogen ratio, it reaches a

temperature of up to 60 degrees C.

This is enough to kill pathogens.

The secret is in the mixture, not in the

machine.

Large-scale MRF Operation

6. Maturation Period

“Rapid composting” still needs time

for the compost harvest to mature

before application in agriculture.

Nature’s micro-organisms have to

be given time to mature at their own

pace.

Pre-mature compost may emit foul

odor.

Marketing of Compost• Compost should not

pretend to be a fertilizer

product.

• Compost should be

marketed as “soil

conditioners”, mulch,

garden soil, humus, etc.

• FPA license not

required for community

operation.

Large-scale MRF Operation

URBAN GARDENING

• Ecological waste

management will

eventually lead to

organic agriculture.

• Compost may be

used directly for

planting organic

vegetables and fruits.

• There is a large

untapped local

demand for compost.

Basic Organic Agriculture

Other Alternative Technologies for

Management of Biodegradable

Materials or Compostable Waste

• DOST Technology

– Bioreactor

– Vermicompost

– Rice Husk Ash Cement

– Fiber Concrete Roofing

– Bio Gas Digester

• Biodiesel (APRSCP)

• Earth Solutions Corporation

• ERS (Pro Tech Machinery Corp. & Shimizu & Co., Ltd.)

• Mapecon Green Charcoal Phil., Inc.

• Lacto Asia Pacific Corporation

• Asia Envirocon, Inc.

• (This presentation on Alternative technologies is included in the „info kit‟ and can be downloaded on www.DENR.gov.ph/nswmc)

Other Alternative Technologies for

Management of Biodegradable

Materials or Compostable Waste

• For commercial purposes, recyclables may be brought to a bigger central warehouse.

• This may be operated by the city, or by a cooperative, or by a private business.

• This is required for rural or

provincial operations in order

to accumulate commercial

quantities before

transporting.

Redemption Centers

Segregated Destination:

Management of Recyclable or

Non-Biodegradable Materials

Other Alternative Technologies

for Management of Recyclable/

non-biodegradable Materials DOST Technologies

Packaging Laminates

Styropor Recycling

Glass Recycling (Hand blown and

Lampworking)

Recycle Vision Global Technologies

** This presentation on Alternative technologies is included in the

„info kit‟ and can be downloaded on www.DENR.gov.ph/nswmc

Recycling Practices

Glass Packaging

Paper Packaging

(TIPCO)

Tetra Pak Containers

Aluminum Cans (SMC)

Plastics (PET, HDPE,

LDPE, PVC)

Used Tires

Other Alternative Technologies

for Management of Recyclable/

non-biodegradable Materials

„Ang Kilus” for Doy

Packs

Electronics (HMR,

Grp.)

Printing Images

(YGARC

Trading Co.)

Candles -ZKK

Tin Can Recycling -

ZKK

Batteries (Philippine

Recyclers Inc.)

ALTERNATIVES

TO LAND FILLS

Alternative Technologies

and Approaches

• the development and use of alternative

technologies and approaches in

residual waste management – for

minimization, if not eradication,

through re-use or conversion --

negates the need to condemn fertile

land to land filling

Other Alternative Technologies for

Management of RESIDUAL WASTES• DOST – Clay Lined Sanitary

Landfill

• Earth Products Philippines, Inc.

• Palingenesis Manufacturing,

Inc.

• Environment Protection

Foundation, Inc. (Hydromex

Process)

• Lacto Asia Pacific Corporation

HWK

• LLP International Corp.

Startech** This presentation on Alternative technologies is included in the „info kit‟

and can be downloaded on www.DENR.gov.ph/nswmc

Fines and Penalties Section 48 and 49 prescribe the punishable acts

under RA 9003 and the corresponding fines and penalties therefore;

LGUs need only to pass the Ordinance that would spell out (a) how & where community service as a penalty would be served, and (b) the amounts and duration of fines and imprisonment penalties for 1st, 2nd, 3rd, 4th, etc, offense;

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

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

The fines in RA 9003 shall be increased by at least ten percent (10%) every three (3) years to compensate for inflation and to maintain the deterrent function of such fines.

Fines collected are shared 40% -- Local Solid Waste Management Trust Fund and 60% --National Solid Waste Management Trust Fund;

Fines and Penalties

CITIZENS‟ SUITS (Sec. 52)

Notice to Sue gives the party served 30 days

within which to undertake the appropriate

compliances with Secs. 21, 23, 33, and 37. If no

appropriate action is taken, citizen‟s suit may be

filed in court, or with the Ombudsman

Set up liaisons with local NGOs, Pos, and IBP

Chapters. They focus on prosecution, we focus

on evidence and testimony only.

Carrot and Stick approach to enforcement

RECOURSE AND RELIEF (Sec. 53)

Suits and Strategic Legal Action Against Public

Participation (SLAPP) and the Enforcement of this Act.

The SLAPP provision of RA 9003 is a double-edged

measure. It seeks to protect those who file citizen suits

under Section 52 thereof against retaliatory lawsuits from

the persons, institutions, or agencies that are sued.

It is also the legal remedy for public officers who are sued

for acts committed in their official, capacity, there being no

grave abuse of discretion, and done during the enforcement

of RA 9003.

Remember to tell your lawyer to claim attorney‟s fees and

double damages under Section 53 in your Answer by way of

counterclaim

Preferred Access for the Poor

ENVIRONMENTAL

INTEGRITY

ECONOMIC

GROWTH

SOCIAL

EQUITY

Responsible Use

Quality Habitat

3 Pillars of Sustainable Development

National Solid Waste Management Commission

Office of the Secretariat

EMB-DENR Telefax : +632 920 2252

E-mail : ecowaste@emb.gov.ph

Website : www.emb.gov.ph/nswmc

www.denr.gov.ph/nswmc