Article 169p. 169

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

(e) Monitoring of quality of surface, ground and effluent

waters, and gas emissions;

(f) The site shall be designed to discourage unauthorized

access by persons and vehicles by using a perimeter

barrier or topographic constraints. Areas within the site

where open storage or pounding of hazardous materials

occurs shall be separately fenced or otherwise secured

as determined by the Department. The Department may

also require that other areas of the site be fenced to

create an appropriate level of security;

(g) Roads within the permitted facility boundary shall be

designed to minimize the generation of dust and the

tracking of material onto adjacent public roads. Such

roads shall be kept in safe condition and maintained

such

that

vehicle

access

and

unloading

can

be

conducted during inclement weather;

(h) Sanitary facilities consisting of adequate number of

toilets and handwashing facilities, shall be available to

personnel at or in the immediate vicinity of the site;

(i) Safe and adequate drinking water supply for the site

personnel shall be available;

(j) The site shall have communication facilities available

to

site

personnel

to

allow

quick

response

to

emergencies;

(k) Where operations are conducted during hours of

darkness, the site and/or equipment shall be equipped

with adequate lighting as approved by the Department

to ensure safety and to monitor the effectiveness of

operations;

(l) Operating and maintenance personnel shall wear and

use appropriate safety equipment as required by the

Department;

(m) Personnel assigned to operate the site shall be

adequately

trained

in subject pertinent to the site

operation

and

maintenance,

hazardous

materials

recognition

and

screening,

and

heavy

equipment

operations,

with

emphasis

on

safety,

health,

environmental controls and emergency procedures. A

record of such training shall be placed in the operating

record;

(n) The site operator shall provide adequate supervision

of a sufficient number of qualified personnel to ensure

proper operation of the site in compliance with all

applicable laws, regulations, permit conditions and other

requirements. The operator shall notify the Department

and

local

health

agency

in

writing

of the names,

addresses, and telephone number of the operator or

responsible party. A copy of the written notification shall

be placed in the operating record;

(o) Any disposal site open to the public shall have an

attendant present during public operating hours or the

site shall be inspected by the operator on a regularly

scheduled basis, as determined by the Department;

(p) Unloading of solid wastes shall be confined to a small

area as possible to accommodate the number of vehicles

using the area without resulting in traffic, personnel, or

public safety hazards. Waste materials shall normally be

deposited at the toe of the fill, or as otherwise approved

by the Department;

(q) Solid waste shall be spread and compacted in layers

with repeated passages of the landfill equipment to

minimize

voids

within

the

cell

and

maximize

compaction. The loose layer shall not exceed a depth

approximately two feet before compaction. Spreading

and compacting shall be accomplished as rapidly as

practicable,

unless

otherwise

approved

by

the

Department;

(r) Covered surfaces of the disposal area shall be graded

to promote lateral runoff of precipitation and to prevent

pounding.

Grades

shall

be established of sufficient

slopes to account for future settlement of the fill surface.

Other effective maintenance methods may be allowed

by the Department; and

(s) Cover material or native material unsuitable for cover,

stockpiled on the site for use or removal, shall be placed

so as not to cause problems or interfere with unloading,

spreading, compacting, access, safety, drainage, or other

operations.

ARTICLE

7

Local

Government

Solid Waste

Management

SECTION 43. Guidelines for Identification of Common

Solid Waste Management Problems. — For purposes of

encouraging and facilitating the development of local

government plans for solid waste management, the

Commission shall, as soon as practicable but not later

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

publish guidelines for the identification of those areas

which have common solid waste management problems

and are appropriate units for clustered solid waste

management services. The guidelines shall be based on

the following:

(a) the size and location of areas which should be

included;

(b) the volume of solid waste which would be generated;

(c) the available means of coordinating local government

planning between and among the LGUs and for the

integration of such with the national plan; and

(d) possible lifespan of the disposal facilities.

SECTION

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.

The Department, the Commission and local solid waste

management

boards

shall

provide

technical

and

marketing assistance to the LGUs.

CHAPTER IV Incentives

SECTION 45. Incentives. — (a) Rewards, monetary or

otherwise,

shall

be

provided

to

individuals,

private

organizations and entities, including nongovernment

organizations, that have undertaken outstanding and

innovative

projects,

technologies,

processes

and

techniques

or

activities

in

re-use,

recycling

and

reduction. Said rewards shall be sourced from the Fund

herein created.

(b) An incentive scheme is hereby provided for the

purpose of encouraging LGUs, enterprises, or private

entities, including NGOs, to develop or undertake an

effective solid waste management, or actively participate

in any program geared towards the promotion thereof as

provided for in this Act.

© 2018 Compiled by RGL

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