Definition of Terms Ecological Solid Waste Management - the systematic administration for: segregation at source; segregated transportation, storage, transfer, processing, treatment, and disposal of solid waste; all other waste management activities;
Lesson 4.5.8 Ecological Solid Waste Management Act (RA 9003) Definition of Terms Ecological Solid Waste Management 4. Provides for a systematic, comprehensive and ecological solid waste management program: a. Solid waste avoidance b. Volume reduction c. Disposal of residual waste
Definition of Terms DEPARTMENT - shall refer to the Department of Environment and Natural Resources SOLID WASTE - shall refer to all discarded household, commercial waste, non-hazardous/non-toxic solid waste SPECIAL WASTE - Household hazardous wastes and wastes from residential and commercial sources
Definition of Terms SPECIAL WASTE 1. RA 9003 DOES NOT INCLUDE: a. Hazardous waste b. Health care waste c. Waste resulting from mining activities
Prohibited Acts and Penalties Prohibited Acts Penalties A. Littering, throwing, dumping of waste matters in public places Fine of P300.00 to P1,000.00 or community service for 1 day to 5 days, or both B. Undertaking activities or operating, collecting or transporting equipment Fine of P300.00 to P1,000.00 or imprisonment of 1 day to 15 days, or both
Prohibited Acts and Penalties Prohibited Acts Penalties C. Open burning of solid waste Fine: P300.00 to P1,000.00 or imprisonment of 1 day to 15 days, or both D. Causing or permitting the collection of non-segregated or unsorted waste Fine: P1,000.00 to P3,000.00 or imprisonment of 15 days to 6 months, or both
Prohibited Acts and Penalties Prohibited Acts Penalties E. Squatting in open dumps and landfills Fine of P1,000.00 to P3,000.00 or imprisonment of 15 days to 6 months, or both F. Open dumping, burying of biodegradable or non-biodegradable materials in flood-prone areas Fine: P1,000.00 to P3,000.00 or imprisonment of 15 days to 6 months, or both
Prohibited Acts and Penalties Prohibited Acts Penalties G. Unauthorized removal of recyclable material intended for collection by authorized persons Fine of P1,000.00 to P3,000.00 or imprisonment of 15 days to 6 months, or both
Prohibited Acts and Penalties Prohibited Acts: H. The mixing of source-separated recyclable material with other solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal. Penalty: 1 st Violation – Fine: P500,000 plus an amount of 5% to 10% of his net annual income during the previous year 2 nd Violation- violations of (9) & (10) - additional penalty of imprisonment of 1 year to 3 years at the discretion of the court
Prohibited Acts and Penalties Prohibited Acts: I. Establishment or operation of open dumps as enjoined in RA 9003, or closure of said dumps in violation of Sec. 37, RA 9003 J. The manufacture, distribution or use of non-environmentally acceptable packaging materials Penalty: 1 st Violation – Fine: P500,000 plus an amount of 5% to 10% of his net annual income during the previous year 2 nd Violation- violations of (9) & (10) - additional penalty of imprisonment of 1 year to 3 years at the discretion of the court
Prohibited Acts and Penalties Prohibited Acts: K Importation of consumer products packaged in non-environmentally acceptable packaging materials Penalty: 1 st Violation – Fine: P500,000 plus an amount of 5% to 10% of his net annual income during the previous year 2 nd Violation- violations of (9) & (10) - additional penalty of imprisonment of 1 year to 3 years at the discretion of the court
Prohibited Acts and Penalties Prohibited Acts: L. Importation of toxic wastes misrepresented as “recyclable” or “with recyclable content” M. Transport and dumping in bulk of collected domestic, industrial, commercial and institutional wastes in areas other than centers or facilities prescribed under RA 9003 Penalty: Fine of P10,000.00 to P200,000.00 or imprisonment of 30 days to 3 years, or both
Prohibited Acts and Penalties Prohibited Acts: N. Site preparation, construction, expansion or operation of waste management facilities without an Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and RA 9003 and not conforming with the land use plan of the LGU Penalty: Fine of P100,000.00 to P1,000,000.00, or imprisonment of 1 year to 6 years, or both
Prohibited Acts and Penalties Prohibited Acts: O. The construction of any establishment within two hundred (200) meters from open dumps or controlled dumps or sanitary landfills P. The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir or watershed area and/or any portions thereof Penalty: Fine of P100,000.00 to P1,000,000.00, or imprisonment of 1 year to 6 years, or both
Prohibited Acts and Penalties Prohibited Acts: Q. If the offense is committed by a corporation, partnership, or other juridical identity duly recognized in accordance with the law, the chief executive officer, president, general manager, managing partner or such other officer-in-charge shall be liable for the commission of the offense penalized under the Act Penalty: The fines prescribed shall be increased by at least 10% every three years
Prohibited Acts and Penalties Prohibited Acts: R. If the offender is an alien, he shall, after service of the sentence prescribed above, be deported without further administrative proceedings Penalty: The fines prescribed shall be increased by at least 10% every three years
Other Provisions A. ADMINISTRATIVE SANCTIONS Officials of government agencies concerned who fail to comply with and enforce rules shall be charged administratively.
Other Provisions B. CITIZENS SUITS - citizen may file an appropriate civil, criminal or administrative action in the proper courts/bodies: 1. Any person who violates the provisions of RA 9003 2. Implementing agencies with respect to orders, rules and regulations issued inconsistent with RA 9003 3. public officer who willfully or grossly neglects the performance of an act
Other Provisions C. Suits and Strategic Legal Action Against Public Participation (SLAPP) And Enforcement Of The Act 1. Where a suit is brought against a person who filed an action as provided in Citizen Suit against any person that implements the Act. Duty of the investigating prosecutor to immediately make a determination not exceeding 30 days
Other Provisions C. Suits and Strategic Legal Action Against Public 2. Upon determination, court shall dismiss the case 3. apply and benefit public officers who are sued for acts committed in their official capacity