Article 171p. 171

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

The fees shall be used to pay the actual costs incurred by

the LGU in collecting the local fees. In determining the

amounts of the fees, an LGU shall include only those

costs

directly

related

to

the

adoption

and

implementation

of

the

plan

and

the

setting

and

collection of the local fees.

CHAPTER VI Penal Provisions

SECTION 48. Prohibited Acts. — The following acts are

prohibited:

(1) Littering, throwing, dumping of waste matters in

public places, such as roads, sidewalks, canals, esteros or

parks, and establishment, or causing or permitting the

same;

(2) Undertaking activities or operating, collecting or

transporting

equipment

in

violation

of

sanitation

operation and other requirements or permits set forth in

or established pursuant to this Act;

(3) The open burning of solid waste;

(4)

Causing

or

permitting

the

collection

of

non-segregated or unsorted waste;

(5) Squatting in open dumps and landfills;

(6)

Open

dumping,

burying

of

biodegradable

or

non-biodegradable materials in flood-prone areas;

(7) Unauthorized removal of recyclable material intended

for collection by authorized persons;

(8) The mixing of source-separated recyclable material

with other solid waste in any vehicle, box, container or

receptacle used in solid waste collection or disposal;

(9)

Establishment

or

operation

of

open

dumps

as

enjoined in this Act, or closure of said dumps in violation

of Sec. 37;

(10)

The

manufacture,

distribution

or

use

of

non-environmentally acceptable packaging materials;

(11)

Importation of consumer products packaged in

non-environmentally acceptable materials;

(12)

Importation

of

toxic

wastes

misrepresented

as

"recyclable" or "with recyclable content";

(13)

Transport

and

dumping

in

bulk

of

collected

domestic, industrial, commercial and institutional wastes

in areas other than centers or facilities prescribed under

this Act;

(14)

Site

preparation,

construction,

expansion

or

operation of waste management facilities without an

Environmental Compliance Certificate required pursuant

to Presidential Decree No. 1586 and this Act and not

conforming with the land use plan of the LGU;

(15) The construction of any establishment within two

hundred (200) meters from open dumps or controlled

dumps, or sanitary landfills; and

(16) The construction or operation of landfills or any

waste

disposal

facility

on any aquifer, groundwater

reservoir or watershed area and or any portions thereof.

SECTION 49. Fines and Penalties. — (a) Any person who

violates Sec. 48, paragraph (1) shall, upon conviction, be

punished with a fine of not less than Three hundred

pesos (P300.00) but not more than One thousand pesos

(P1,000.00) or render community service for not less than

one (1) day to not more than fifteen (15) days to an LGU

where such prohibited acts are committed, or both;

HTAEIS

(b) Any person who violates Sec. 48, pars. (2) and (3),

shall, upon conviction, be punished with a fine of not

less than Three hundred pesos (P300.00) but not more

than One thousand pesos (P1,000.00) or imprisonment

of not less than one (1) day to not more than fifteen (15)

days, or both;

(c) Any person who violates Sec. 48, pars. (4), (5), (6), and

(7) shall, upon conviction, be punished with a fine of not

less than One thousand pesos (P1,000.00) but not more

than Three thousand pesos (P3,000.00) or imprisonment

of not less than fifteen (15) days but not more than six (6)

months, or both;

(d) Any person who violates Sec. 48, pars. (8), (9), (10) and

(11) for the first time shall, upon conviction, pay a fine of

Five hundred thousand pesos (P500,000.00) plus an

amount not less than five percent (5%) but not more

than ten percent (10%) of his net annual income during

the previous year.

The additional penalty of imprisonment of a minimum

period of one (1) year, but not to exceed three (3) years at

the discretion of the court, shall be imposed for second

or subsequent violations of Sec. 48, paragraphs (9) and

(10).

(e) Any person who violates Sec. 48, pars. (12) and (13),

shall, upon conviction, be punished with a fine of not

less than Ten thousand pesos (P10,000.00) but not more

than Two hundred thousand pesos (P200,000.00) or

imprisonment of not less than thirty (30) days but not

more than three (3) years, or both;

(f) Any person who violates Sec. 48, pars. (14), (15) and (16)

shall, upon conviction, be punished with a fine not less

than One hundred thousand pesos (P100,000.00) but not

more

than

One

million

pesos

(P1,000,000.00),

or

imprisonment not less than one (1) year but not more

than six (6) years, or both.

If the offense is committed by a corporation, partnership,

or other juridical entity duly organized in accordance

with law, the chief executive officer, president, general

manager,

managing

partner

or

such

other

officer-in-charge shall be liable for the commission of

the offense penalized under this Act.

If the offender is an alien, he shall, after service of the

sentence prescribed above, be deported without further

administrative proceedings.

The fines herein prescribed shall be increased by at least

ten percent (10%) every three (3) years to compensate for

inflation and to maintain the deterrent function of such

fines.

SECTION

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 VII Miscellaneous Provisions

SECTION 51. Mandatory Public Hearings. — Mandatory

public hearings for the national framework and local

government solid waste management plans shall be

undertaken

by

the Commission and the respective

Boards in accordance with the process to be formulated

in the implementing rules and regulations.

© 2018 Compiled by RGL

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