Article 160p. 160

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

maintain

a

multi-sectoral,

multi-disciplinary

pool

of

experts including those from the academe, inventors,

practicing professionals, business and industry, youth,

women and other concerned sectors, who shall be

screened

according

to

qualifications

set

by

the

Commission.

SECTION

8.

Role

of

the

Department.

—

For

the

furtherance of the objectives of this Act, the Department

shall have the following functions:

(a) Chair the Commission created pursuant to this Act;

(b) Prepare an annual National Solid Waste Management

Status Report;

(c) Prepare and distribute information, education and

communication materials on solid waste management;

(d) Establish methods and other parameters for the

measurement

of

waste

reduction,

collection

and

disposal;

(e)

Provide

technical

and

other

capability

building

assistance and support to the LGUs in the development

and implementation of local solid waste management

plans and programs;

(f) Recommend policies to eliminate barriers to waste

reduction programs;

(g) Exercise visitorial and enforcement powers to ensure

strict compliance with this Act;

(h) Perform such other powers and functions necessary

to achieve the objectives of this Act; and

(i) Issue rules and regulations to effectively implement

the provisions of this Act.

SECTION 9. Visitorial Powers of the Department. — The

Department or its duly authorized representative shall

have access to, and the right to copy therefrom, 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.

SECTION 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.

SECTION 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:

(a)

All

the

mayors

of

its

component

cities

and

municipalities;

(b)

One

(1)

representative

from

the

Sangguniang

Panlalawigan to be represented by the chairperson of

either the Committees on Environment or Health or their

equivalent

committees,

to

be

nominated

by

the

presiding officer;

(c) The provincial health and/or general services officers,

whichever may be recommended by the governor;

(d) The provincial environment and natural resources

officer;

(e) The provincial engineer;

(f)

Congressional

representative/s

from

each

congressional district within the province;

(g)

A

representative

from

the

NGO

sector

whose

principal

purpose

is

to

promote

recycling and the

protection of air and water quality;

(h) A representative from the recycling industry;

(i)

A

representative

from

the

manufacturing

or

packaging industry; and

(j) A representative of each concerned government

agency possessing relevant technical and marketing

expertise as may be determined by the Board.

The Provincial Solid Waste Management Board may,

from time to time, call on any other concerned agencies

or sectors as it may deem necessary.

Provided, That representatives from the NGOs, recycling

and manufacturing or packaging industries shall be

selected through a process designed by themselves and

shall

be

endorsed

by

the

government

agency

representatives of the Board: Provided, further, That in

the Province of Palawan, the Board shall be chaired by

the chairman of the Palawan Council for Sustainable

Development, pursuant to Republic Act No. 7611.

In the case of Metro Manila, the Board shall be chaired by

the chairperson of the MMDA and its members shall

include:

(i) All mayors of its component cities and municipalities;

(ii)

A

representative

from

the

NGO

sector

whose

principal

purpose

is

to

promote

recycling and the

protection of air and water quality;

(iii) A representative from the recycling industry; and

(iv)

A

representative

from

the

manufacturing

or

packaging industry.

The Board may, from time to time, call on any other

concerned

agencies

or

sectors

as

it

may

deem

necessary.

Provided, That representatives from the NGOs, recycling

and manufacturing or packaging industries shall be

selected through a process designed by themselves and

shall

be

endorsed

by

the

government

agency

representatives of the Board.

The Provincial Solid Waste Management Board shall

have the following functions and responsibilities:

(1) Develop a provincial solid waste management plan

from the submitted solid waste management plans of

the

respective

city

and

municipal

solid

waste

management boards herein created. It shall review and

integrate the submitted plans of all its component cities

and municipalities and ensure that the various plans

complement

each

other,

and

have

the

requisite

© 2018 Compiled by RGL

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