RA9003

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solid waste management act

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Presentation Transcript

RA 9003 : 

RA 9003 ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000

Description : 

Description 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 THEREFOR, AND FOR OTHER PURPOSES.

RA 9003 has 7 chapters… : 

RA 9003 has 7 chapters… Chapter 1. GENERAL PROVISIONS Chapter 2. INSTITUTIONAL MECHANISM Chapter 3. COMPREHENSIVE SOLID WASTE MANAGEMENT Chapter 4. INCENTIVES Chapter 5. FINANCING SOLID WASTE MANAGEMENT Chapter 6. PENAL PROVISIONS Chapter 7. MISCELLANEOUS PROVISIONS

Chapter 1. : 

Chapter 1. Has 2 articles and 3 sections. SECTION 1. Short Title. - This Act shall be known as the "Ecological Solid Waste Management Act of 2000.“ SECTION 2. Declaration of Policies. - It is hereby declared the policy of the State to adopt a systematic, comprehensive and ecological solid waste management program…

Chapter 1. Section 2 continued… : 

Chapter 1. Section 2 continued… (a) Ensure the protection of the public health and environment; (b) Utilize environmentally-sound methods…; (c) Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste minimization measures.

Chapter 1. Section 2 continued… : 

Chapter 1. Section 2 continued… (d) Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid …; (e) Promote national research and development programs for improved solid waste management and resource conservation techniques…; (f) Encourage greater private sector participation in solid waste management;

Chapter 1. Section 2 continued… : 

Chapter 1. Section 2 continued… (g) Retain primary enforcement and responsibility of solid waste management with local government units while establishing a cooperative effort among the national government, other local government units, non- government organizations, and the private sector; (h) Encourage cooperation and self-regulation among waste generators through the application of market-based instruments;

Chapter 1. Section 2 continued… : 

(i) Institutionalize public participation in the development and implementation ecological waste management programs; and (j) Strengthen the integration of ecological solid waste management and resource conservation and recovery topics into the academic curricula to promote environmental awareness and action among the citizenry. Chapter 1. Section 2 continued…

Chapter 1. : 

Article 2. Section 3. Definition of Terms Chapter 1.

Chapter 2. : 

Establishes the National Solid Waste Management Commission to oversee solid waste management plans and prescribe policies to achieve the objectives of the act. Commission is composed of 17 members: 14 from relevant government agencies and 3 from the private sector. EMB provides secretariat support. Chapter 2.

Chapter 2. : 

Identifies parties responsible for implementation of the act. Sec. 10. Role of LGUs in Solid Waste Management. - Pursuant to the relevant provisions of R. A. No. 7160, otherwise known as the Local government code, the LGUs shall be primarily responsible for the implementation and enforcement of the provisions of this Act within their respective jurisdictions. Segregation and collection of solid waste shall be conducted at the barangay level specifically for biodegradable, compostable and reusable wastes: Provided, That the collection of non-recyclable materials and special wastes shall be the responsibility of the municipality or city. Chapter 2.

Chapter 2. : 

Sec. 11. Provincial Solid Waste Management Board. - A Provincial Solid Waste Management board shall be established in every province, to be chaired by the governor. Its members shall include: Sec. 12. City and Municipal Solid Waste Management Board. - Each city or municipality shall form a City or Municipal Waste Management Board that shall prepare, submit and implement a plan for the safe and sanitary management of solid waste generated in areas under in geographic and political coverage. Chapter 2.

Chapter 2. : 

Provincial and Municipal boards provide: Solid waste management plan Monitor implementation Develop mechanisms and guidelines for implementation Provide logistic support Chapter 2.

Chapter 2 : 

Sec. 13. Establishment of Multi-Purpose Environment Cooperatives or Association in Every LGU. - Multi-purpose cooperatives and associations that shall undertake activities to promote the implementation and/ or directly undertake projects in compliance with the provisions of this Act shall be encouraged and promoted in every LGU. Chapter 2

Chapter 3 : 

Provides the timetable for the preparation of guidelines. This includes: 6 months for the National Solid Waste Management Status Report; and Formulation and implementation of the National Solid Waste Management Framework 6 months after the completion of the National Solid Waste Management Status Report. Chapter 3

Important Articles in Chapter 3. : 

Art 2. Sec. 21. Mandatory Segregation of Solid Wastes. - The LGUs shall evaluate alternative roles for the public and private sectors in providing collection services, type of collection system, or combination of systems, that best meet their needs: Provided, That segregation of wastes shall primarily be conducted at the source, to include household, institutional, industrial, commercial and agricultural sources: Provided, further; That wastes shall be segregated into the categories provided in Sec. 22 of this Act. Important Articles in Chapter 3.

Important Articles/Sections in Chapter 3. : 

Article 3. Collection and Transport of Solid Wastes Sets the requirements for the collection and transport of solid waste. Sets the guidelines for the creation of solid waste transfer stations. Article 4. Recycling program. Sec. 27. Requirement for Eco-Labeling Sec. 30. Prohibition on the Use of Non-Environmentally Acceptable Packaging. Sec. 31. Recycling Market Development. Sec. 32. Establishment of LGU Materials Recovery Facility. Important Articles/Sections in Chapter 3.

Important Articles/Sections in Chapter 3. : 

Article 6. Waste Management Facilities Sec. 37. Prohibition Against the Use of Open Dumps for Solid Waste. Sec. 37. Prohibition Against the Use of Open Dumps for Solid Waste. Sec. 37. Prohibition Against the Use of Open Dumps for Solid Waste. Sec. 37. Prohibition Against the Use of Open Dumps for Solid Waste. Sec. 41. Criteria for Establishment of Sanitary Landfill. Sec. 42. Operating Criteria for Sanitary Landfills. Important Articles/Sections in Chapter 3.

Important Articles/Sections in Chapter 3. : 

Article 7. Sec. 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. Important Articles/Sections in Chapter 3.

Chapter 4. : 

Provides the incentives for implementation of provisions of the act. Includes: Fiscal incentives such as tax exceptions and tax credits to LGUs and private operators. Non fiscal objectives outlined in E. O. 226, otherwise known as the Omnibus Investments Code. Financial Assistance Program Chapter 4.

Slide 21: 

Chapter 5. Establishes a fund accessible to the LGUs. To be used as capital, awards, funding for R&D. Chapter 6. Penal Provisions. For individuals and for LGUs failing to implement the act. Sec. 50. Administrative Sanctions. - Local government officials and officials of government agencies concerned who fail to comply with and enforce rules and regulations promulgated relative to this Act shall be charged administratively in accordance with R. A. 7160 and other existing laws, rules and regulations. Chapter 7. MISCELLANEOUS PROVISIONS Public hearings, education, and research, initial funding, and implementing rules and regulations.

Initial Funding : 

20 million pesos has been set aside for the preparation of all the initial reports. Amount is insufficient considering that there are 136 cities, 1,495 municipalities, and 81 provinces in the country. Only 272 LGU’s have submitted the required 10 year plans to the Initial Funding

Role of LGUs : 

RA 9003 makes implementation the responsibility of the LGU. Contains weak provisions/lacks enforcement with regards to forcing the LGUs to take action. Does not take into account the politicians that are supposed to be implementing the rules. Garbage collection at low density local governments not taken into account. Role of LGUs

Funding : 

Cost of implementation may be out of reach for municipalities classified as class 2 (below 35,000,000 in revenue) or lower. Sanitary landfills are expensive MRF facilities needs to be staffed. Government funding is inappropriate. Funding

Funding : 

Interested LGUs are forced to obtain funding from foreign sources. ECOGOV (USAID) - US German Development Service (DED) –Germany Swedish International Development Cooperation Agency (SIDA) – Sweden Japan International Cooperation Agency (JICA) – Japan Indicative of the problems in funding from the national government. Funding

General thoughts… : 

Much needed law but implementation is weak. In EMB 7 only 1 person is assigned to this section(Out of about 40 employees). Most of his time is spend on public consultations. Provisions on packaging and segregation not widely implemented. Trash generation per person must be reduced. Garbage collectors themselves do not segregate, even then garbage is sorted. Fines must be imposed. General thoughts…

General thoughts… : 

Education of the public is neglected Education representative to commission? Jagna case High profile arrests/convictions to spur implementation. Majority of the commission is from department level agencies. LGU’s and private parties are underrepresented. General thoughts…

Success Stories : 

Dumaguete Jagna Palawan Marikina Pinagkaisan (Select barangays in QC) Success Stories

Dumaguete : 

Dumaguete

Slide 31: 

Fin.