Article 167p. 167

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

SECTION

30.

Prohibition

on

the

Use

of

Non-Environmentally

Acceptable

Packaging.

—

No

person owning, operating or conducting a commercial

establishment in the country shall sell or convey at retail

or possess with the intent to sell or convey at retail any

products that are placed, wrapped or packaged in or on

packaging

which

is not environmentally acceptable

packaging:

Provided,

That

the

Commission

shall

determine a phaseout period after proper consultation

and hearing with the stakeholders or with the sectors

concerned.

The

presence

in

the

commercial

establishment

of

non-environmentally

acceptable

packaging shall constitute a rebuttable presumption of

intent to sell or convey the same at retail to customers.

Any person who is a manufacturer, broker or warehouse

operator engaging in the distribution or transportation

of commercial products within the country shall file a

report with the concerned local government unit within

one (1) year from the effectivity of this Act, and annually

thereafter, a listing of any products in packaging which

is not environmentally acceptable. The Commission shall

prescribe the form of such report in its regulations.

A violation of this Section shall be sufficient grounds for

the revocation, suspension, denial or non-renewal of any

license for the establishment in which the violation

occurs.

SECTION

31. Recycling Market Development. — The

Commission together with the National Ecology Center,

the DTI and the Department of Finance shall establish

procedures,

standards

and

strategies

to

market

recyclable materials and develop the local market for

recycled goods, including but not limited to:

(a)

measures

providing

economic

incentives

and

assistance

including

loans

and

grants

for

the

establishment

of

privately-owned

facilities

to

manufacture

finished

products

from post-consumer

materials;

(b) guarantees by the national and local governments to

purchase a percentage of the output of the facility; and

(c) maintaining a list of prospective buyers, establishing

contact with prospective buyers and reviewing and

making

any

necessary

changes

in

collecting

or

processing the materials to improve their marketability.

In order to encourage establishment of new facilities to

produce

goods

from

post-consumer

and

recovered

materials generated within local government units, and

to conserve energy by reducing materials transportation,

whenever appropriate, each local government unit may

arrange

for

long-term

contracts

to

purchase

a

substantial share of the product output of a proposed

facility which will be based in the jurisdiction of the local

government unit if such facility will manufacture such

finished products from post-consumer and recovered

materials.

SECTION 32. Establishment of LGU Materials Recovery

Facility.

—

There

shall

be

established

a

Materials

Recovery Facility (MRF) in every barangay or cluster of

barangays.

The

facility

shall

be

established

in

a

barangay-owned or -leased land or any suitable open

space to be determined by the barangay through its

Sanggunian. For this purpose, the barangay or cluster of

barangays shall allocate a certain parcel of land for the

MRF. The determination of site and actual establishment

of the facility shall likewise be subject to the guidelines

and criteria set pursuant to this Act. The MRF shall

receive

mixed

waste

for

final

sorting,

segregation,

composting, and recycling. The resulting residual wastes

shall be transferred to a long-term storage or disposal

facility or sanitary landfill.

SECTION 33. Guidelines for Establishment of Materials

Recovery Facility. — Materials recovery facilities shall be

designed to receive, sort, process, and store compostable

and

recyclable

material

efficiently

and

in

an

environmentally sound manner. The facility shall address

the following considerations:

(a) The building and/or land layout and equipment must

be

designed

to

accommodate

efficient

and

safe

materials processing, movement, and storage; and

(b) The building must be designed to allow efficient and

safe external access and to accommodate internal flow.

ARTICLE 5 Composting

SECTION 34. Inventory of Markets for Composts. —

Within six (6) months after the effectivity of this Act, the

DA shall publish an inventory of existing markets and

demands for composts. Said inventory shall thereafter be

updated and published annually: Provided, That the

composting

of

agricultural

wastes,

and

other

compostable materials, including but not limited to

garden wastes, shall be encouraged.

SECTION 35. Guidelines for Compost Quality. — Compost

products intended to be distributed commercially shall

conform with the standards for organic fertilizers set by

the DA. The DA shall assist the compost producers to

ensure that the compost products conform to such

standards.

ARTICLE 6 Waste Management Facilities

SECTION 36. Inventory of Waste Disposal Facilities. —

Within six (6) months from the effectivity of this Act, the

Department, in cooperation with the DOH, DILG and

other concerned agencies, shall publish an inventory of

all solid waste disposal facilities or sites in the country.

SECTION 37. Prohibition Against the Use of Open Dumps

for Solid Waste. — No open dumps shall be established

and operated, nor any practice or disposal of solid waste

by any person, including LGUs, which constitutes the use

of open dumps for solid waste, be allowed after the

effectivity of this Act: Provided, That within three (3)

years after the effectivity of this Act, every LGU shall

convert

its

open

dumps

into controlled dumps, in

accordance with the guidelines set in Sec. 41 of this Act:

Provided, further, That no controlled dumps shall be

allowed five (5) years following the effectivity of this Act.

SECTION 38. Permit for Solid Waste Management Facility

Construction

and

Expansion.

—

No

person

shall

commence operation, including site preparation and

construction of a new solid waste management facility

or the expansion of an existing facility until said person

obtains an Environmental Compliance Certificate (ECC)

from the Department pursuant to P.D. 1586 and other

permits and clearances from concerned agencies.

SECTION 39. Guidelines for Controlled Dumps. — The

following shall be the minimum considerations for the

establishment of controlled dumps:

(a) Regular inert cover;

(b) Surface water and peripheral site drainage control;

(c) Provision for aerobic and anaerobic decomposition;

(d) Restriction of waste deposition to small working

areas;

(e) Fence, including provision for litter control;

(f) Basic record-keeping;

© 2018 Compiled by RGL

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