Implementing Rules and Regulations of Republic Act 9003 Pursuant To

The Implementing Rules and Regulation of RA9003
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  IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT 9003 Pursuant to the provisions of Section 59 of Republic Act No. 9003, otherwise known as the Philippine Ecological Solid Waste Management Act of 2000, and by virtue of Executive Order No. 192, Series of 1987, the Department of Environment and Natural Resources hereby adoptsand promulgates the following rules and regulations PART I GENERAL PROVISIONSRule I. Preliminary ProvisionsSection 1. Title These Rules shall be known and cited as the Implementing Rules and Regulations of thePhilippine Ecological Solid Waste Management Act of 2000. Section 2. Purpose These Rules are promulgated to prescribe the procedures and guidelines for the implementationof the Philippine Solid Waste Management Act of 9003 in order to facilitate compliance therewithand achieve the objectives thereof. Section 3. Scope These Rules shall lay down the powers and functions of the Department of Environment andNatural Resources, the Department of Trade and Industry, all other concerned agencies and localgovernment units, the rights and obligations of stakeholders and the rights and duties of thepeople with respect tot the implementation of the Ecological Solid Waste Management. Section 4. Construction These Implementing Rules and Regulations shall be liberally construed to carry out the nationalpolicy of adopting a systematic, comprehensive and ecological solid waste management programconsistent with the pursuit of sustainable development. The Rules also cover support actionssuch as research and studies on solid wastes, providing technical standards and guidelines for effective waste management systems. Section 5. Administrative and Enforcement These Rules and Regulations shall be administered by the Secretary or his duly authorizedrepresentative or thorough any other department, bureau, office, agency, local government units,state university or college and other instrumentalities of the government for assistance in the formof personnel, facilities and other resources as the need arises in the discharge of its functions. Rule II. Declaration of State PolicySection 1. Declaration of Policies It is the policy of the State to adopt a systematic, comprehensive and ecological solid wastemanagement program which shall:a) Ensure the protection of public health and environment;b) Utilize environmentally-sound methods that maximize the utilization of valuable resources andencourage resources conservation and recovery;  c) Set guidelines and targets for solid waste avoidance and volume reduction through sourcereduction and waste minimization measures, including composing, recycling, re-use, recovery,green charcoal process, and others, before collection, treatment and disposal in appropriate andenvironmentally-sound solid waste management facilities in accordance with ecologicallysustainable development principles;d) Ensure the proper segregation, collection, transport, storage, treatment and disposal of solidwaste through the formulation and adoption of the best environmental practices in ecologicalwaste management excluding incineration;e) Promote national research and development programs for improved solid waste managementand resource conservation techniques, more effective institutional arrangement and indigenousand improved methods of waste reduction, collection, separation and recovery;f) Encourage greater private sector participation in solid waste management;g) Retain primary enforcement and responsibility of solid waste management with localgovernment units while establishing a cooperative effort among the national government, other local government units, non-government organizations, and the private sector;h) Encourage cooperation and self-regulation among waste generators through the application of market-based instruments;i) Institutionalize public participation in the development and implementation of national and localintegrated, comprehensive and ecological waste management programs; and j)Strengthen the integration of ecological solid waste management and resource conservationand recovery topics into the academic curricula of formal and non-formal education in order topromote environmental awareness and action among the citizenry. Rule III. Definition of TermsSection 1. Definitions For the purpose of these Implementing Rules and Regulations, the following words and phrasesshall have the following meanings:  Agricultural waste shall refer to waste generated from planting or harvesting of crops, trimmingor pruning of plants and wastes or run-off materials from farms or fields. Bulky wastes   shall refer to waste materials which cannot be appropriately placed in separatecontainers because of either its bulky size, shape or other physical attributes. These includelarge worn-out or broken household, commercial, and industrial items such as furniture, lamps,bookcases, filing cabinets, and other similar items. Bureau   shall refer to the Environmental Management Bureau. Buy-back center   shall refer to a recycling center that purchases or otherwise accepts recyclablematerials from the public for the purpose of recycling such materials. Collection   shall refer to the act of removing solid waste from the source or from a communalstorage point. Composting   shall refer to the controlled decomposition of organic matter by micro-organisms,mainly bacteria and fungi, into a humus-like product.  Consumer electronics   shall refer to special wastes that include worn-out, broken, and other discarded items such as radios, stereos, and TV sets. Controlled dump   shall refer to a disposal site at which solid waste is deposited in accordancewith the minimum prescribed standards of site operation. Department   shall refer to the Department of Environment and Natural Resources. Disposal   shall refer to the discharge, deposit, dumping, spilling, leaking or placing of any solidwaste into or in any land. Disposal site   shall refer to a site where solid waste is finally discharged and deposited. Ecological solid waste management   shall refer to the systematic administration of activitieswhich provide for segregation at source, segregated transportation, storage, transfer, processing,treatment, and disposal of solid waste and all other waste management activities which do notharm the environment. Environmentally acceptable   shall refer to the quality of being re-usable, biodegradable or compostable, recyclable and not toxic or hazardous to the environment. Environmentally preferable   shall refer to products or services that have a lesser or reducedeffect on human health and the environment when compared with competing products or servicesthat serve the same purpose. This comparison may consider raw materials acquisition,production, manufacturing, packaging, distribution, reuse, operation, maintenance or disposal of the product or service. Generation   shall refer to the act or process of producing solid waste. Generator   shall refer to a person, natural or juridical, who last uses a material and makes itavailable for disposal or recycling. Hazardous waste   shall refer to solid waste or combination of solid waste which because of itsquantity, concentration, or physical, chemical or infectious characteristics may: cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or pose a substantial present or potential hazard to humanhealth or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Leachate   shall refer to the liquid produced when waste undergo decomposition, and whenwater percolate through solid waste undergoing decomposition. It is a contaminated liquid thatcontains dissolved and suspended materials. Life cycle assessment   shall refer to the compilation and evaluation of the inputs, outputs andthe potential environmental impacts of a product system throughout its life cycle. Materials recovery facility   shall include solid waste transfer station or sorting station, drop-off center, a composting facility, and a recycling facility. Municipal wastes   shall refer to wastes produced from activities within local government unitswhich include a combination of domestic, commercial, institutional and industrial wastes andstreet litters. Non-environmentally acceptable products or packaging   shall refer to products or packaging thatare unsafe in production, use, post-consumer use, or that produce or release harmful products.  Open burning   shall refer to the thermal destruction of wastes by means of direct exposure tofire. Furthermore, this definition shall apply to traditional small-scale methods of communitysanitation siga . Open dump   shall refer to a disposal area wherein the solid wastes are indiscriminately thrownor disposed of without due planning and consideration for environmental and health standards. Opportunity to recycle   shall refer to the act of providing a place for collecting source-separatedrecyclable material, located either at a disposal site or at another location more convenient to thepopulation being served, and collection at least once a month of source-separated recyclablematerial from collection service customers and to providing a public education and promotionprogram that gives notice to each person of the opportunity to recycle and encourage sourceseparation of recyclable material. Person(s)   shall refer to any being, natural or juridical, susceptible of rights and obligations, or of being the subject of legal relations. Post-consumer material   shall refer only to those materials or products generated by a businessor consumer which have served their intended end use, and which have been separated or diverted from solid waste for the purpose of being collected, processed and used as a rawmaterial in the manufacturing of recycled product, excluding materials and by-products generatedfrom, and commonly used within an srcinal manufacturing process, such as mill scrap. Receptacles   shall refer to individual containers used for the source separation and thecollection of recyclable materials. Recovered material   shall refer to material and by-products that have been recovered or divertedfrom solid waste for the purpose of being collected, processed and used as a raw material in themanufacture of a recycled product. Recyclable material   shall refer to any waste material retrieved from the waste stream and freefrom contamination that can still be converted into suitable beneficial use or for other purposes,including, but not limited to, newspaper, ferrous scrap metal, non-ferrous scrap metal, used oil,corrugated cardboard, aluminum, glass, office paper, tin cans, plastics and other materials asmay be determined by the Commission. Recycled material   shall refer to post-consumer material that has been recycled and returned tothe economy. Recycling   shall refer to the treating of used or waste materials through a process of makingthem suitable for beneficial use and for other purposes, and includes any process by which solidwaste materials are transformed into new products in such a manner that the srcinal productsmay lose their identity, and which may be used as raw materials for the production of other goodsor services: Provided, that the collection, segregation and re-use of previously used packagingmaterial shall be deemed recycling under the Act. Resource conservation   shall refer to the reduction of the amount of solid waste that aregenerated or the reduction of overall resource consumption, and utilization of recoveredresources. Resource recovery   shall refer to the collection, extraction or recovery of recyclable materialsfrom the waste stream for the purpose of recycling, generating energy or producing a productsuitable for beneficial use: Provided, That, such resource recovery facilities exclude incineration.

Sep 12, 2017
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