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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 9003
February 16, 2001

Effectivity of RA 9003
December 21, 2001 Signing of the IRR of RA 9003 February 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
National Solid Waste Management Commission (Policy Making) DENR-EMB-NSWMC/S (Technical Support and Enforcement)

Ecological Solid Waste Management Act

Local Government Units (Implementation)

Waste Generators/Citizens

17 Partners at the NSWMC


Government Sector:
DENR (Chairman) DILG DOST DPWH DOH DTI DA TESDA PIA MMDA League of Provinces League of Cities League of Municipalities Liga ng mga Barangay

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

Role of the DENR


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 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:
City/Municipal SWM Board

Provincial 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


Compostable s Recyclables

Special Wastes

Non-recyclables/residuals

COMPOSTABLE WASTE

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.,

RECYCLABLE 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.,

SPECIAL 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.,

RESIDUAL 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.,

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.

Tamang paghiwahiwalay ng BASURA


Pagbubukud-bukod sa pinanggalingan

garden/farm junkshop/nagreresiklo treatment plant

Solid Waste Composition


Metals, 5% Glass, 3% Special/Hazardous, 1%

Residuals, 4%

Paper, 12% Plastics, 25%

Food and Other organics, 50%

Waste Analysis and Characterization Survey (WACS)-Metro Manila Solid Waste Management Project, ADB 2003

National Waste Generation


(2000-2010)
2000 Mln. T/Yr. % of total 23.0 1.6 4.7 3.0 9.0 13.3 5.1 7.7 7.0 4.0 3.8 3.4 6.6 3.1 2.5 2.4 100 Mln. T/Yr 3.14 0.21 0.63 0.40 1.32 2.11 0.65 1.00 1.01 0.51 0.53 0.47 0.97 0.41 0.39 0.31 14.05 2010 % of total 22.3 1.5 4.5 2.8 9.4 15.0 4.6 7.1 7.2 3.6 3.8 3.4 6.9 2.9 2.7 2.2 100

NCR
Cordillera AR Ilocos Cagayan Valley Central Luzon Southern Tagalog Bicol Western Visayas Central Visayas Eastern Visayas Western Mindanao Northern Mindanao Southern Mindanao Central Mindanao ARMM Caraga National

2.45 0.17 0.50 0.32 0.96 1.42 0.54 0.82 0.74 0.43 0.40 0.37 0.70 0.33 0.26 0.26 10.67

REGION 1 REGION 2 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

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 Nonbiodegradables

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.

Segregated Collection: Community Collection

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 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 3

Village Eco-center 2

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 vermiworms and the manure is collected as vermicastings. This process produces the best quality organic soil conditioner, which is practiced in many parts of the world.

Large-scale MRF Operation


If 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/Chippers Use of Fabricated 1Ton Capacity Bioreactor

Large-scale MRF Operation

1. Mulching Operation

2. Shredding of Dried Compostables

3. Sieving of shredded compost

4. Compost Processing

Large-scale MRF Operation

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.

6. Maturation Period
Rapid composting still needs time for the compost harvest to mature before application in agriculture. Natures micro-organisms have to be given time to mature at their own pace. Pre-mature compost may emit foul odor.

Large-scale MRF Operation


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.

Basic Organic Agriculture


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. URBAN GARDENING

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

Other Alternative Technologies for Management of Biodegradable Materials or Compostable Waste


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)

Segregated Destination: Management of Recyclable or Non-Biodegradable Materials

Redemption Centers
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.

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

Other Alternative Technologies for Management of Recyclable/ non-biodegradable Materials


Recycling Practices Glass Packaging Paper Packaging (TIPCO) Tetra Pak Containers Aluminum Cans (SMC) Plastics (PET, HDPE, LDPE, PVC) Used Tires Ang Kilus for Doy Packs Electronics (HMR, Grp.) Printing Images (YGARC Trading Co.) Candles -ZKK Tin Can Recycling ZKK Batteries (Philippine

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.

Fines and Penalties


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;

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, citizens 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 attorneys fees and double damages under Section 53 in your Answer by way of counterclaim

Responsible Use

ENVIRONMENTAL INTEGRITY

Quality Habitat

ECONOMIC GROWTH

SOCIAL EQUITY

Preferred Access for the Poor 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