Article 165p. 165

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

capacity

needed

to

accommodate

the

solid

waste

generated, reduced by the following:

(1) Implementation of source reduction, recycling, and

composting

programs

required

in

this

Section

or

through

implementation

of

other

waste

diversion

activities pursuant to Sec. 20 of this Act;

(2) Any permitted disposal facility which will be available

during the 10-year planning period; and

(3) All disposal capacity which has been secured through

an

agreement

with

another

LGU,

or

through

an

agreement with a solid waste enterprise.

The plan shall identify existing and proposed disposal

sites and waste management facilities in the city or

municipality or in other areas. The plan shall specify the

strategies for the efficient disposal of waste through

existing

disposal

facilities

and

the

identification

of

prospective

sites

for

future

use.

The selection and

development of disposal sites shall be made on the basis

of

internationally

accepted

standards

and

on

the

guidelines set in Secs. 41 and 42 of this Act.

Strategies shall be included to improve said existing sites

to

reduce

adverse

impact

on

health

and

the

environment, and to extend life span and capacity. The

plan shall clearly define projections for future disposal

site requirements and the estimated cost for these

efforts.

Open dump sites shall not be allowed as final disposal

sites. If an open dump site is existing within the city or

municipality,

the

plan shall make provisions for its

closure or eventual phase out within the period specified

under the framework and pursuant to the provisions

under Sec. 37 of this Act. As an alternative, sanitary

landfill sites shall be developed and operated as a final

disposal site for solid and, eventually, residual wastes of a

municipality or city or a cluster of municipalities and/or

cities. Sanitary landfills shall be designed and operated

in accordance with the guidelines set under Secs. 40 and

41 of this Act.

(i) Education and public information — The education

and public information component shall describe how

the LGU will educate and inform its citizens about the

source reduction, recycling, and composting programs.

The

plan

shall

make

provisions

to

ensure

that

information on waste collection services, solid waste

management and related health and environmental

concerns are widely disseminated among the public.

This

shall

be

undertaken

through

the

print

and

broadcast media and other government agencies in the

municipality. The DECS and the Commission on Higher

Education shall ensure that waste management shall be

incorporated in the curriculum of primary, secondary

and college students.

(j) Special waste — The special waste component shall

include existing waste handling and disposal practices

for special wastes or household hazardous wastes, and

the identification of current and proposed programs to

ensure

the

proper

handling,

re-use,

and long-term

disposal of special wastes.

(k) Resource requirement and funding — The funding

component includes identification and description of

project costs, revenues, and revenue sources the LGU

will use to implement all components of the LGU solid

waste management plan. AICHaS

The

plan

shall

likewise

indicate

specific

projects,

activities, equipment and technological requirements for

which outside sourcing of funds or materials may be

necessary to carry out the specific components of the

plan. It shall define the specific uses for its resource

requirements

and indicate its costs. The plan shall

likewise indicate how the province, city or municipality

intends to generate the funds for the acquisition of its

resource requirements. It shall also indicate if certain

resource requirements are being or will be sourced from

fees, grants, donations, local funding and other means.

This

will

serve

as

basis for the determination and

assessment of incentives which may be extended to the

province, city or municipality as provided for in Sec. 45 of

this Act.

(l) Privatization of solid waste management projects —

The plan shall likewise indicate specific measures to

promote the participation of the private sector in the

management

of

solid

wastes,

particularly

in

the

generation

and

development

of

the

essential

technologies

for

solid

waste

management.

Specific

projects or component activities of the plan which may

be offered as private sector investment activity shall be

identified and promoted as such. Appropriate incentives

for

private

sector

involvement

in

solid

waste

management shall likewise be established and provided

for in the plan, in consonance with Sec. 45 hereof and

other existing laws, policies and regulations; and

(m) Incentive programs — A program providing for

incentives, cash or otherwise, which shall encourage the

participation

of concerned sectors shall likewise be

included in the plan.

SECTION 18. Owner and Operator. — Responsibility for

compliance with the standards in this Act shall rest with

the owner and/or operator. If specifically designated, the

operator is considered to have primary responsibility for

compliance; however, this does not relieve the owner of

the

duty

to

take

all

reasonable

steps

to

assure

compliance with these standards and any assigned

conditions. When the title to a disposal is transferred to

another person, the new owner shall be notified by the

previous owner of the existence of these standards and

of the conditions assigned to assure compliance.

SECTION 19. Waste Characterization. — The Department,

in coordination with the LGUs, shall be responsible for

the establishment of the guidelines for the accurate

characterization of wastes including determination of

whether

or

not

wastes

will

be

compatible

with

containment features and other wastes, and whether or

not wastes are required to be managed as hazardous

wastes under R.A. 6969, otherwise known as the Toxic

Substances and Hazardous and Nuclear Wastes Control

Act.

SECTION

20.

Establishing

Mandatory

Solid

Waste

Diversion.

—

Each

LGU

plan

shall

include

an

implementation schedule which shows that within five

(5) years after the effectivity of this Act, the LGU shall

divert at least 25% of all solid waste from waste disposal

facilities

through

re-use,

recycling,

and

composting

activities

and

other

resource

recovery

activities:

Provided,

That

the

waste

diversion

goals

shall

be

increased every three (3) years thereafter: Provided,

further, That nothing in this Section prohibits a local

government unit from implementing re-use, recycling,

and composting activities designed to exceed the goal.

ARTICLE 2 Segregation of Wastes

SECTION 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

© 2018 Compiled by RGL

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