You are on page 1of 12

LECTURE NOTES IN quality of life.

ENVIRONMENTAL SCIENCE AND RA 7279 Urban


ENGINEERING ( 1992 ) Development and
Housing Act of 1992
Major Environmental Management b. Management of Environmental Quality
Laws Stressors
Impacts of PD 1586 Establishing the
Laws provide the framework for environmental undertaking ( 1978 ) Philippine EIS
management in the country. Laws on specific s System
aspects of the environment were enacted to Solid Waste RA 9003 Ecological Solid
operationalize environmental management ( 2000 ) Waste
provisions of the Constitution as well as the basic Management Act
environmental policies. These laws are presented in Toxic RA 6969 Toxic Chemicals and
this book in terms of their major environmental Chemicals & ( 1990 ) Hazardous Waste
management intent, categorized into the following: Hazardous Management Act
Wastes PD 856 Code of Sanitation:
a. Environmental quality management ( 1976 ) requirement to
b. Management of the use of natural install sewage
resources treatment facilities
c. Biodiversity and ecosystems management Adjudication RA 3931, PD The Pollution
d. Climate change and disaster management of Pollution 984, Adjudication Board
e. Socio-cultural resources management Cases Executive ( PAB ) created
Order ( EO ) under EO 192
It provides overview discussions on the current 192 assumes the power
status, threats and management mechanisms of the National
including the implementation of the laws related to Pollution Control
the above categories while table 6 provides a Commission with
summary of the major laws. respect to the
adjudication of
Table 6. Major Laws on Various Aspects of pollution cases
Environmental Management under RA 3931 and
PD 984
2. Management of the use of Natural Resources
Aspect Legislation Title/Description a. Land-based Natural Resources Management
(In relation to Forestry PD 705 Revised Forestry
Environmental ( 1975 ) Code of the
Management) Philippines
1. Environmental Quality Management Mineral RA 8550 Philippine Mining
a. Environmental Quality Management Resources ( 1998 ) Act
Standards and Status Monitoring Agricultural RA 8435 Agricultural and
Air Quality RA 8749 Philippine Clean Air ( 1998 ) Fisheries
( 1999 ) Act Modernization Act
Water RA 9275 Philippine Clean RA 6657 Comprehensive
Quality ( 2004 ) Water Act ( 1992 ) Agrarian Reform
PD 979 Marine Pollution Law
( 1976 ) Decree
RA 9993 Philippine Coast
( 2009 ) Guard Law
Land Quality PD 933 Recognized the
( 1976 ) need to regulate
land use vis-à-vis Aspect Legislatio Title/
management of the n Description
(In relation to The Environment Code stipulates the purpose of air
Environmental
quality management and RA 8749 or the Clean Air
Management)
Act provides mechanisms to achieve this.
b. Water Resource Management
Water PD 1067 The Water Code RA 8479 (1999) PHILIPPINE CLEAN AIR ACT
( 1976 ) of the Philippines
Fisheries RA 8550 The Philippine The Philippine Clean Air Act (RA 8749). Aims to
( 1998 ) Fisheries Code achieve and maintain clean air that meets the
c. Energy RA 7638 Department of national air quality guideline values for criteria
Resource ( 1992 ) Energy Act of pollutants, Throughout the Philippines, while
Manageme 1992 minimizing the possible associated impacts to the
nt economy.
3. Biodiversity and Ecosystems Management
Protected Areas RA 7586 National The key features of the Clean Air Act are:
( 1992 ) Integrated
 Outlines the government’s measure to
Protected Areas
System ( NIPAS ) reduce air pollution and incorporate
Act Environmental Protection into its
Wildlife RA 9147 Wildlife development plans.
Protection ( 2001 ) Resources  Promote self-regulation through polluter
Conservation and pays principle and other market based
Protection Act instruments.
Caves and Cave RA 9072 National Caves  Set ambient air quality standards and
Resources ( 2001 ) and Cave pollutant limitations per industry.
Resources  Links vehicle registration two demonstration
Management and of capacity to comply with emission
Protection Act standards set.
4. Climate Change and Disaster Risk
 Provide support tax incentives for pollution
Management
control devices.
Climate Change RA 9729 Climate Change
( 2009 ) Act  Provides for the establishment of a research
Disaster RA 10121 Philippine and development program or air pollution
( 2010 ) Disaster Risk reduction mechanisms and technologies.
Reduction and  Bans incineration and smoking in public
Management Act places.
5. Socio- Cultural Resources Management  Provides for the establishment of air sheds
Indigenous RA 8371 Indigenous and creation of corresponding airshed
People ( 1997 ) People’s Right Act governing boards who may be allowed to set
( IPRA ) emission quotas by pollution source and
Cultural RA 10066 National Cultural implement emission trading systems.
Resources ( 2009 ) Heritage Act  Provides for punishment by imprisonment or
Consultations with various stakeholders are monetary fines/penalties for the violation of
normally undertaken and various international provisions.
environmental commitments as provided in
Multilateral Environmental Agreements (MEAs) are Section 5. Definitions. - As used in this Act:
considered in crafting these laws and corresponding a) "Air pollutant" means any matter found in the
Implementing Rules and Regulations ( IRRs ) atmosphere other than oxygen, nitrogen, water
vapor, carbon dioxide, and the inert gases in their
natural or normal concentrations, that is detrimental
to health or the environment, which includes but not
limited to smoke, dust, soot, cinders, fly ash, solid
particles of any kind, gases, fumes, chemical mists,
AIR QUALITY MANAGEMENT STANDARDS steam and radioactive substances;
methane, oxides of nitrogen, chlorofluorocarbons,
b) "Air pollution" means any alteration of the and the like;
physical, chemical and biological properties of the
atmospheric air, or any discharge thereto of any j) "Hazardous substances" mean those
liquid, gaseous or solid substances that will or is substances which present either: (1) short-term
likely to create or to render the air resources of the acute hazards such as acute toxicity by ingestion,
country harmful, detrimental, or injurious to public inhalation, or skin absorption, corrosivity or other
health, safety or welfare or which will adversely skin or eye contact hazard or the risk of fire
affect their utilization for domestic, commercial, explosion; or (2) longterm toxicity upon repeated
industrial, agricultural, recreational, or other exposure, carcinogenicity (which in some cases
legitimate purposes; result in acute exposure but with a long latent
period), resistance to detoxification process such as
c) "Ambient air quality guideline values" mean biodegradation, the potential to pollute underground
the concentration of air over specified periods or surface waters;
classified as short-term and long-term which are
intended to serve as goals or objectives for the k) "Infectious waste" means that portion of medical
protection of health and/or public welfare. These waste that could transmit an infectious disease;
values shall be used for air quality management
purposes such as determining time trends, l) "Medical waste" means the materials generated
evaluating stages of deterioration or enhancement of as a result of patient diagnosis, treatment, or
the air quality, and in general, used as basis for immunization of human beings or animals;
taking positive action in preventing, controlling, or
abating air pollution; m) "Mobile source" means any vehicle propelled by
or through combustion of carbon-based or other fuel,
d) "Ambient air quality" means the general amount constructed and operated principally for the
of pollution present in a broad area; and refers to the conveyance of persons or the transportation of
atmosphere's average purity as distinguished from property goods;
discharge measurements taken at the source of
pollution; n) "Motor vehicle" means any vehicle propelled by
a gasoline or diesel engine or by any means other
e) "Certificate of Conformity" means a certificate than human or animal power, constructed and
issued by the Department of Environment and operated principally for the conveyance of persons
Natural Resources to a vehicle or the transportation of property or goods in a public
manufacturer/assembler or importer certifying that a highway or street open to public use;
particular new vehicle or vehicle type meets the
requirements provided under this Act and its rules o) "Municipal waste" means the waste materials
and regulations; generated from communities within a specific
locality;
f) "Department" means the Department of
Environment and Natural Resources; p) "New vehicle" means a vehicle constructed
entirely from new parts that has never been sold or
g) "Eco-profile" means the geographic-based registered with the DOTC or with the appropriate
instrument for planners and decision-makers which agency or authority, and operated on the highways
present an evaluation of the environmental quality of the Philippines, any foreign state or country;
and carrying capacity of an area. It is the result of
the integration of primary and secondary data and q) "Octane Rating or the Anti-Knock Index(AKI)"
information on natural resources and anthropogenic means the rating of the anti-knock characteristics of
activities on the land which are evaluated by various a grade or type of automotive gasoline as
environmental risk assessment and forecasting determined by dividing by two (2) the sum of the
methodologies that enable the Department to Research Octane Number (RON), plus the Motor
anticipate the type of development control necessary Octane Number (MON); the octane requirement,
in the planning area; with respect to automotive gasoline for use in a
motor vehicle or a class thereof, whether imported,
h) "Emission" means any air contaminant, manufactured, or assembled by a manufacturer,
pollutant, gas stream or unwanted sound from a shall refer to the minimum octane rating of such
known source which is passed into the atmosphere; automotive gasoline which such manufacturer
recommends for the efficient operation of such motor
i) "Greenhouse gases" mean those gases that can vehicle, or a substantial portion of such class,
potentially or can reasonably be expected to induce without knocking;
global warming, which include carbon dioxide,
r) "Ozone Depleting Substances (ODS)" means Presidential Decree No. 984 are partly modified. All
those substances that significantly deplete or other laws, orders, issuance, rules and regulations
otherwise modify the ozone layer in a manner that is inconsistent herewith are hereby repealed or
likely to result in adverse effects of human health modified.
and the environment such as, but not limited to,
chloroflourocarbons, halons and the like; Section 56. Effectivity. – This Act shall take effect
fifteen (15) days from the date of its publication in
s) "Persistent Organic Pollutants (POPs)" means the Official Gazette or in at least two (2) newspapers
the organic compounds that persist in the of general circulation.
environment, bioaccumulate through the food web,
and pose a risk of causing adverse effects to human Approved on June 23, 1999
health and the environment. These compounds
resist photolytic, chemical and biological
degradation, which shall include but not be limited to RA 9275 (2004) PHILIPPINE CLEAN
dioxin, furan, Polychlorinated Biphenyls (PCBs),
organochlorine pesticides, such as aldrin, dieldrin, WATER ACT
DDT, hexachlorobenzene, lindane, toxaphere and
chlordane;
The Philippine Clean Water Act (RA 9275)
declared the policy of considering the
t) "Poisonous and toxic fumes" means any protection, preservation and revival of the
emissions and fumes which are beyond quality of our fresh, brackish and marine
internationally - accepted standards, including but
not limited to the World Health Organization (WHO)
waters alongside with the pursuit of economic
guideline values; growth.

u) "Pollution control device" means any device or Among its key features are:
apparatus used to prevent, control or abate the
pollution of air caused by emissions from identified  Comprehensive and integrated strategy
pollution sources at levels within the air pollution to prevent and minimize pollution
control standards established by the Department; through a multi-sectoral and
participatory approach.
v) "Pollution control technology" means the
pollution control devices, production process, fuel  Management of water quality based on
combustion processes or other means that watershed, river basin or water resources
effectively prevent or reduce emissions or effluent; region called water quality management
areas (WQMA)
w) "Standard of performance" means a standard
for emissions of air pollutant which reflects the  Establishment of governing boards per
degree of emission limitation achievable through the WQMA to implement effective
application of the best system of emission reduction, management system including effluent
taking into account the cost of achieving such trading and other site specific schemes
reduction and any non-air quality health and
environmental impact and energy requirement which deemed appropriate.
the Department determines, and adequately  Waterbody classification standards and
demonstrates; and effluent/discharge standards.
 Discharge permitting system for
x) "Stationary source" means any building or
immobile structure, facility or installation which emits regulated water pollutants.
or may emit any air pollutant.  Prohibition of discharge/dumping of
infectious medical waste, Sewage sludge
Section 54. Separability of Provisions. – If any
(Unless specifically authorized), solid
provision of this Act or the application of such
provision to any person or circumstances is declared waste, prohibited chemicals, substances
unconstitutional , the remainder of the Act or the or pollutants listed under Toxic
application of such provision to other person or Substances. Hazardous and Nuclear
circumstances shall not be affected by such
Waste Control Act (Republic Act No.
declaration.
6969) in water bodies.
Section 55. Repealing Clause. – Presidential
Decree No. 1181 is hereby repealed. Presidential
accordingly. Decrees Nos. 1152, 1586 and
 Prohibition of discharging, injecting or golf courses and other similar facilities in
allowing to enter into the soil anything resorts and other places of recreation.
d) Classification/Reclassification of Philippine
that would pollute groundwater. Waters - means the categorization of all water
 Penalty structure requiring a fine for bodies taking into account, among others, the
every day of violation of discharging following:
untreated wastewater and punishment (1) existing quality of the body of water;
(2) size, depth, surface area covered,
by imprisonment plus a fine per day of volume, direction, rate of flow and gradient of
violation for failure to undertake clean- stream;
up operation wilfully. (3) most beneficial existing and future use of
said bodies of water and lands bordering
ARTICLE 2 them, such as for residential, agricultural,
DEFINITION OF TERMS aquacultural, commercial, industrial,
navigational, recreational, wildlife
SECTION 4. Definition of Terms. - As used in this conservation and aesthetic purposes; and
Act: (4) vulnerability of surface and groundwater
to contamination from pollutive and
a) Aquifer - means a layer of water-bearing rock hazardous wastes, agricultural chemicals
located underground that transmits water in and underground storage tanks of petroleum
sufficient quantity to supply pumping wells or natural products.
springs. e) Civil Society - means non-government
b) Aquatic life - means all organisms living in organizations (NGOs) and people's organizations
freshwater, brackish and marine environment. (POs).
c) Beneficial use - means the use of the f) Cleaner Production - means the application of an
environment or any element or segment thereof integrated, preventive environmental strategy to
conducive to public or private welfare, safety and processes, products, services to increase efficiency
health; and shall include, but not be limited to, the and reduce risk to humans and the environment;
use of water for domestic, municipal, irrigation, g) Clean-up operations - means activities involving
power generation, fisheries, livestock raising, the removal of pollutants discharged or spilled into a
industrial, recreational and other purposes. water body and its surrounding areas, and the
1. Use of water for domestic purposes - restoration of the affected areas to their former
means the utilization of water for drinking, physical, chemical and biological state or conditions.
washing, bathing, cooking or other household h) Contamination - means the production of
needs, home gardens and watering of lawns substances not found in the natural composition of
or domestic animals; water that make the water less desirable or unfit
2. Use of water for municipal purposes - desirable or unfit for intended use.
means the utilization of water for supplying i) Department - means the Department of
water requirements of the community; Environment and Natural Resources.
3. Use of water for irrigation - means the j) Discharge includes, but is not limited to, the act of
utilization of water for producing agricultural spilling, leaking, pumping, pouring, emitting,
crops; emptying, releasing or dumping of any material into
4. Use of water for power generation - means a water body or onto land from which it might flow or
the utilization of water for producing electrical drain into said water.
or mechanical power; k) Drinking water- means water intended for human
5. Use of water for fisheries - means the consumption or for use in food preparation.
utilization of water for the propagation of l) Dumping - means any unauthorized or illegal
culture of fish as a commercial enterprise; disposal into any body of water or land of wastes or
6. Use of water for livestock raising - means toxic or hazardous material: Provided, That it does
the utilization of water for large herds or not mean a release of effluent coming from
flocks of animals raised as a commercial commercial, industrial, and domestic sources which
enterprise; are within the effluent standards.
7. Use of water for industrial purposes - m) Effluent - means discharge from known sources
means the utilization of water in factories, which is passed into a body of water or land, or
industrial plants and mines, including the use wastewater flowing out of a manufacturing plant,
of water as an ingredient of a finished industrial plant including domestic, commercial and
product; and recreational facilities.
8. Use of water for recreational purposes - n) Effluent standard - means any legal restriction or
means the utilization of water for swimming limitation on quantities, rates, and/or concentrations
pools, bath houses, boating, water skiing, or any combination thereof, of physical, chemical or
biological parameters of effluent which a person or
point source is allowed to discharge into a body of x) Margin - means a landward and outer limiting
water or land. edge adjacent to the border of any water bodies or a
o) Environmental management - means the entire limit beyond where beyond where saturation zone
system which includes, but is not limited to, ceases to exist.
conservation, regulation and minimization of y) National Water Quality Status Report - means a
pollution, clean production, waste management, report to be prepared by the Department indicating:
environmental law and policy, environmental a) the location of water bodies, their quality,
education and information, study and mitigation of taking into account seasonal, tidal and others
the environmental impacts of human activity, and variations, existing and potential uses and
environmental research. sources of pollution per specific pollutant and
p) Environmental management system - means pollution load assessment;
the part of the overall management system that b) water quality management areas pursuant
includes organizational structure, planning activities, to Section 5 of this Act;
responsibilities, practices, procedures, processes c) and water classification.
and resources for developing, implementing, z) Non-point source - means any source of
achieving, reviewing and maintaining the pollution not identifiable as point source to include,
environment policy. but not be limited to, runoff from irrigation or
q) Freshwater - means water containing less than rainwater, which picks up pollutants from farms and
500 ppm dissolved common salt, sodium chloride, urban areas.
such as that in groundwater, rivers, ponds and lakes. aa) Point source - means any identifiable source of
r) Groundwater - means a subsurface water that pollution with specific point of discharge into a
occurs beneath a water table in soils and rocks, or in particular water body.
geological formations. bb) Pollutant- shall refer to any substance, whether
s) Groundwater vulnerability - means relative ease solid, liquid, gaseous or radioactive, which directly or
with which a contaminant located at or near the land indirectly:
surface can migrate to the aquifer or deep well. (i) alters the quality of any segment of the
t) Groundwater vulnerability map - means the receiving water body to affect or tend to
identified areas of the land surface where affect adversely any beneficial use thereof;
groundwater quality is most at risk from human (ii) is hazardous or potential hazardous to
activities and shall reflect the different degrees of health;
groundwater vulnerability based on a range of soil (iii) imparts objectionable odor, temperature
properties and hydro geological criteria to serve as change, or physical, chemical or biological
guide in the protection of the groundwater from change to any segment of the water body; or
contamination. (iv) is in excess of the allowable limits,
u) Hazardous waste - means any waste or concentrations, or quality standards
combination of wastes of solid liquid, contained specified, or in contravention of the condition,
gaseous, or semi-solid form which cause, of limitation or restriction prescribed in this Act.
contribute to, an increase in mortality or an increase cc) Pollution control technology- means pollution
in serious irreversible, or incapacitating reversible control devices or apparatus, processes, or other
illness, taking into account toxicity of such waste, its means that effectively prevent control or reduce
persistence and degradability in nature, its potential pollution of water caused by effluents and other
for accumulation or concentration in tissue, and discharges, from any point source at levels within
other factors that may otherwise cause or contribute the water pollution standards.
to adverse acute or chronic effects on the health of dd) Potentially infectious medical waste- include
persons or organism. isolation wastes, infectious agents, human blood and
v) Industrial waste - means any solid, semi-solid or blood products, pathological wastes, sharps, body
liquid waste material with no commercial value parts, contaminated bedding, surgical wastes, and
released by a manufacturing or processing plant other disposable medical equipment and material
other than excluded material. that may pose a risk to the public health, welfare or
w) Integrated Water Quality Management the marine environment.
Framework - means the policy guideline integrating ee) Secretary - means the Secretary of the
all the existing frameworks prepared by all Department of Environmental and Natural
government agencies contain the following; Resources (DENR).
(a) water quality goals and targets; ff) Septage - means the sludge produced on
(b) period of compliance; individual onsite wastewater disposal systems,
(c) water pollution control strategies and principally septic tanks and cesspools.
techniques; gg) Sewage - means water-borne human or animal
(d) water quality information and education wastes, excluding oil or oil wastes, removed from
program; residences, building, institutions, industrial and
(e) human resources development program. commercial establishments together with such
groundwater, surface water and storm water as
maybe present including such waste from vessels, for direct enforcement but only for water quality
offshore structures, other receptacles intended to management purposes, such as determining time
receive or retain waste or other places or the trends, evaluating stages of deterioration or
combination thereof. enhancement of the water quality, and as basis for
hh) Sewerage - includes, but is not limited to, any taking positive action in preventing, controlling or
system or network of pipelines, ditches, channels, or abating water pollution.
conduits including pumping stations, lift stations and ss) Water Quality Management Area Action Plan -
force mains, service connections including other includes, but not be limited to, the following:
constructions, devices, and appliances appurtenant (a) goals and targets including sewerage or
thereto, which includes the collection, transport, septage program, (b) schedule of compliance
pumping and treatment of sewage to a point of to meet the applicable requirements of this
disposal. Act;
ii) Sludge - means any solid, semi-solid or liquid (c) water pollution control strategies or
waste or residue generated from a wastewater techniques;
treatment plant, water supply treatment plant, or (d) water quality information and education
water control pollution facility, or any other such program;
waste having similar characteristics and effects. e) resource requirement and possible
jj) Surface water - means all water, which is open to sources;
the atmosphere and subject to surface runoff. f) enforcement procedures of the plan and
kk) Treatment - means any method, technique, or (g) rewards and incentives under Chapter 4
process designed to alter the physical, chemical or of this Act.
biological and radiological character or composition
of any waste or wastewater to reduce or prevent SECTION 34. Repealing Clause. - Presidential
pollution. Decree No.984 is hereby repealed. Republic Act
ll) Toxic amount - means the lowest amount of Nos. 6969 and 4850 as amended, Presidential
concentration of toxic pollutants, which may cause Decree Nos. 1586, 1152, 979 and 856 are hereby
chronic or long-term acute or lethal conditions or amended and modified accordingly. All other laws,
effects to the aquatic life, or health of persons or orders, issuance, rules and regulations inconsistent
which may adversely affect designated water uses. herewith are hereby repealed or modified
mm) Waste - means any material either solid, liquid, accordingly.
semisolid, contained gas or other forms resulting SECTION 35. Separability Clause. - If any
industrial, commercial, mining or agricultural provision of this Act or the application such provision
operations, or from community and household to any person or circumstances is declared
activities that is devoid of usage and discarded. unconstitutional, the remainder of the Act or the
nn) Wastewater - means waste in liquid state application of such provision to other person or
containing pollutants. circumstances shall not be affected by such
oo) Water body - means both natural and man- declaration.
made bodies of fresh, brackish, and saline waters, SECTION 36. Effectivity. - This Act shall take effect
and includes, but is not limited to, aquifers, fifteen (15) days from the date of its publication in
groundwater, springs, creeks, streams, rivers, the Official Gazette or in at least two (2) newspapers
ponds, lagoons, water reservoirs, lakes, bays, of general circulation
estuarine, coastal and marine waters. Water bodies
do not refer to those constructed, developed and Approved: March 22, 2004
used purposely as water treatment facilities and / or
water storage for recycling and re-use which are
integral to process industry or manufacturing.
pp) Water Pollution - means any alteration of the
physical, chemical, biological, or radiological REPUBLIC ACT NO. 9003
properties of a water body resulting in the
impairment of its purity or quality. AN ACT PROVIDING FOR AN ECOLOGICAL
qq) Water Quality - means the characteristics of SOLID WASTE MANAGEMENT PROGRAM,
water, which define its use in characteristics by CREATING THE NECESSARY
terms of physical, chemical, biological, INSTITUTIONAL MECHANISMS AND
bacteriological or radiological characteristics by INCENTIVES, DECLARING CERTAIN ACTS
which the acceptability of water is evaluated. PROHIBITED AND PROVIDING PENALTIES,
rr) Water quality guidelines - means the level for a
APPROPRIATING FUNDS THEREFOR, AND
water constituent or numerical values of physical,
chemical, biological and bacteriological or FOR OTHER PURPOSES
radiological parameters which are used to classify
water resources and their use, which does not result
in significant health risk and which are not intended MANAGING SOLID WASTES
Solid waste management remains to be one of the  Setting up guidelines/criteria for the
biggest environmental management challenges the establishment of control dumps and sanitary
country faces today especially in urban areas. Cities landfills.
usually generate more waste compared to the rural  Provision of rewards, incentives, both
areas. Metro Manila, for example, Generates almost monetary and non-monetary, financial
a quarter of the country’s total waste generation assistance, grants and the like to encourage
based on the data and projections of the National LGU’S and the general public to undertake
Solid Waste Management Commission (NSWMC). effective solid waste management, and
Based on always analysis and characterization study  Promotion of research on solid waste
(WACS) Conducted in 2013 in Metro Manila, Kitchen management and environmental education
waste are the greatest volume of the total solid in the formal and non-formal sectors.
waste, followed by plastics.
The above-mentioned provisions of the law spell out
the intended strategy for managing solid wastes to
Given the current enormity of the environmental
prevent or minimize its potential to cause stress to
stress of improperly managed solid waste
Environmental Quality.
generation in urban centers. The Ecological Solid
Waste Management act or RA 9003 was enacted in
2000. It is intended to institute a systematic,
comprehensive and ecological solid waste
management program that shall cover proper Definitions of Terms
segregration, Collection, storage, treatment and
SECTION 3. Definition of Terms. — For the
disposal of solid waste. The key features of the act
purposes of this Act:
are:
 The creation of the national Solid Waste
(a) Agricultural waste shall refer to waste
Management Commission (NSWMC), The
generated from planting or harvesting of crops,
National Ecology Center (NEC) and the Solid trimming or pruning of plants and wastes or run-off
Waste Management Board in every province, materials from farms or fields;
city and municipality.
(b) Bulky wastes shall refer to waste materials
 Requirement for the LGUs to formulate 10- which cannot be appropriately placed in separate
year solid management plans. containers because of either its bulky size, shape or
 Mandatory segregation of solid waste to be other physical attributes. These include large worn-
conducted primarily at the source such as out or broken household, commercial, and industrial
household, institutional, industrial, items such as furniture, lamps, bookcases, filing
commercial and agricultural sources. cabinets, and other similar items;
 Setting of minimum requirements to ensure (c) Bureau shall refer to the Environmental
systematic collection and transport of waste Management Bureau;
and the proper Protection of garbage (d) Buy-back center shall refer to a recycling center
collectors help. that purchases or otherwise accepts recyclable
 Promotion of eco-labelling in local products materials from the public for the purpose of recycling
and services. such materials;
 Prohibition on non-environmentally (e) Collection shall refer to the act of removing solid
acceptable products and packaging. waste from the source or from a communal storage
 Establishment of Materials Recovery Facility point;
(MRF) in every barangay or cluster of (f) Composting shall refer to the controlled
barangays. decomposition of organic matter by micro-
 Prohibition against the use of open organisms, mainly bacteria and fungi, into a humus-
dumpsites. like product;
(g) Consumer electronics shall refer to special
wastes that include worn-out, broken, and other
discarded items such as radios, stereos, and TV (s) Municipal waste shall refer to wastes produced
sets; from activities within local government units which
include a combination of domestic, commercial,
(h) Controlled dump shall refer to a disposal site at
institutional and industrial wastes and street litters;
which solid waste is deposited in accordance with
the minimum prescribed standards of site operation; (t) Open dump shall refer to a disposal area wherein
the solid wastes are indiscriminately thrown or
(i) Department shall refer to the Department of
disposed of without due planning and consideration
Environment and Natural Resources;
for environmental and health standards;
(j) Disposal shall refer to the discharge, deposit,
(u) Opportunity to recycle shall refer to the act of
dumping, spilling, leaking or placing of any solid
providing a place for collecting source-separated
waste into or in any land;
recyclable material, located either at a disposal site
(k) Disposal site shall refer to a site where solid or at another location more convenient to the
waste is finally discharged and deposited; population being served, and collection at least once
a month of source-separated recyclable material
(l) Ecological solid waste management shall refer from collection service customers and to providing a
to the systematic administration of activities which public education and promotion program that gives
provide for segregation at source, segregated notice to each person of the opportunity to recycle
transportation, storage, transfer, processing, and encourage source separation of recyclable
treatment, and disposal of solid waste and all other material;
waste management activities which do not harm the
environment; (v) Person(s) shall refer to any being, natural or
juridical, susceptible of rights and obligations, or of
(m) Environmentally acceptable shall refer to the being the subject of legal relations;
quality of being re-usable, biodegradable or
compostable, recyclable and not toxic or hazardous (w) Post-consumer material shall refer only to
to the environment; those materials or products generated by a business
or consumer which have served their intended end
(n) Generation shall refer to the act or process of use, and which have been separated or diverted
producing solid waste; from solid waste for the purpose of being collected,
(o) Generator shall refer to a person, natural or processed and used as a raw material in the
juridical, who last uses a material and makes it manufacturing of a recycled product, excluding
available for disposal or recycling; materials and by-products generated from, and
commonly used within an original manufacturing
(p) Hazardous waste shall refer to solid waste or process, such as mill scrap;
combination of solid waste which because of its
quantity, concentration, or physical, chemical or (x) Receptacles shall refer to individual containers
infectious characteristics may: used for the source separation and the collection of
recyclable materials;
(1) cause, or significantly contribute to an
increase in mortality or an increase in serious (y) Recovered material shall refer to material and
irreversible, or incapacitating reversible, by-products that have been recovered or diverted
illness; or from solid waste for the purpose of being collected,
processed and used as a raw material in the
(2) pose a substantial present or potential manufacture of a recycled product;
hazard to human health or the environment
when improperly treated, stored, transported, (z) Recyclable material shall refer to any waste
or disposed of, or otherwise managed; material retrieved from the waste stream and free
from contamination that can still be converted into
(q) Leachate shall refer to the liquid produced when suitable beneficial use or for other purposes,
waste undergo decomposition, and when water including, but not limited to, newspaper, ferrous
percolate through solid waste undergoing scrap metal, non-ferrous scrap metal, used oil,
decomposition. It is contaminated liquid that contains corrugated cardboard, aluminum, glass, office paper,
dissolved and suspended materials; tin cans and other materials as may be determined
by the Commission;
(r) Materials recovery facility — includes a solid
waste transfer station or sorting station, drop-off (aa) Recycled material shall refer to post-consumer
center, a composting facility, and a recycling facility; material that has been recycled and returned to the
economy;
(bb) Recycling shall refer to the treating of used or institutional and industrial waste, street sweepings,
waste materials through a process of making them construction debris, agricultural waste, and other
suitable for beneficial use and for other purposes, non-hazardous/non-toxic solid waste.
and includes any process by which solid waste
Unless specifically noted otherwise, the term
materials are transformed into new products in such
“solid waste” as used in this Act shall not
a manner that the original products may lose their
include:
identity, and which may be used as raw materials for
the production of other goods or services: Provided, (1) waste identified or listed as hazardous
That the collection, segregation and re-use of waste of a solid, liquid, contained gaseous or
previously used packaging material shall be deemed semi-solid form which may cause or
recycling under this Act; contribute to an increase in mortality or in
serious or incapacitating reversible illness, or
(cc) Resource conservation shall refer to the
acute/chronic effect on the health of persons
reduction of the amount of solid waste that are
and other organisms;
generated or the reduction of overall resource
consumption, and utilization of recovered resources; (2) infectious waste from hospitals such as
equipment, instruments, utensils, and fomites
(dd) Resource recovery shall refer to the collection,
of a disposable nature from patients who are
extraction or recovery of recyclable materials from
suspected to have or have been diagnosed
the waste stream for the purpose of recycling,
as having communicable diseases and must
generating energy or producing a product suitable
therefore be isolated as required by public
for beneficial use: Provided, That, such resource
health agencies, laboratory wastes such as
recovery facilities exclude incineration;
pathological specimens (i.e., all tissues,
(ee) Re-use shall refer to the process of recovering specimens of blood elements, excreta, and
materials intended for the same or different purpose secretions obtained from patients or
without the alteration of physical and chemical laboratory animals), and disposable fomites
characteristics; that may harbor or transmit pathogenic
organisms, and surgical operating room
(ff) Sanitary landfill shall refer to a waste disposal
pathologic specimens and disposable fomites
site designed, constructed, operated and maintained
attendant thereto, and similar disposable
in a manner that exerts engineering control over
materials from outpatient areas and
significant potential environmental impacts arising
emergency rooms; and
from the development and operation of the facility;
(3) waste resulting from mining activities,
(gg) Schedule of Compliance shall refer to an
including contaminated soil and debris.
enforceable sequence of actions or operations to be
accomplished within a stipulated time frame leading (ll) Solid waste management shall refer to the
to compliance with a limitation, prohibition, or discipline associated with the control of generation,
standard set forth in this Act or any rule or regulation storage, collection, transfer and transport,
issued pursuant thereto; processing, and disposal of solid wastes in a manner
that is in accord with the best principles of public
(hh) Secretary shall refer to the Secretary of the
health, economics, engineering, conservation,
Department of Environment and Natural Resources;
aesthetics, and other environmental considerations,
(ii) Segregation shall refer to a solid waste and that is also responsive to public attitudes;
management practice of separating different
(mm) Solid waste management facility shall refer
materials found in solid waste in order to promote
to any resource recovery system or component
recycling and re-use of resources and to reduce the
thereof; any system, program, or facility for resource
volume of waste for collection and disposal;
conservation; any facility for the collection, source
(jj) Segregation at source shall refer to a solid waste separation, storage, transportation, transfer,
management practice of separating, at the point of processing, treatment, or disposal of solid waste;
origin, different materials found in solid waste in
(nn) Source reduction shall refer to the reduction of
order to promote recycling and re-use of resources
solid waste before it enters the solid waste stream
and to reduce the volume of waste for collection and
by methods such as product design, materials
disposal;
substitution, materials re-use and packaging
(kk) Solid waste shall refer to all discarded restrictions;
household, commercial waste, non-hazardous
(oo) Source separation shall refer to the sorting of of a plant or vegetable and other materials identified
solid waste into some or all of its component parts at by the Commission.
the point of generation;
SECTION 62. Transitory Provision. —
(pp) Special wastes shall refer to household Pending the establishment of the framework under
hazardous wastes such as paints, thinners, Sec. 15 hereof, plans under Sec. 16 and
household batteries, lead-acid batteries, spray promulgation of the IRR under Sec. 59 of this Act,
canisters and the like. These include wastes from existing laws, regulations, programs and projects on
residential and commercial sources that comprise of solid waste management shall be enforced:
bulky wastes, consumer electronics, white goods, Provided, That for specific undertaking, the same
yard wastes that are collected separately, batteries, may be revised in the interim in accordance with the
oil, and tires. These wastes are usually handled intentions of this Act.
separately from other residential and commercial
wastes; SECTION 63. Report to Congress. — The
Commission shall report to Congress, not later than
(qq) Storage shall refer to the interim containment of March 30 of every year following the approval of this
solid waste after generation and prior to collection Act, giving a detailed account of its accomplishments
for ultimate recovery or disposal; and progress on solid waste management during the
year and make the necessary recommendations in
(rr) Transfer stations shall refer to those facilities areas where there is need for legislative action.
utilized to receive solid wastes, temporarily store,
separate, convert, or otherwise process the SECTION 64. Separability Clause. — If any
materials in the solid wastes, or to transfer the solid provision of this Act or the application of such
wastes directly from smaller to larger vehicles for provision to any person or circumstances is declared
transport. This term does not include any of the unconstitutional, the remainder of the Act or the
following: application of such provision to other persons or
circumstances shall not be affected by such
(1) a facility whose principal function is to declaration.
receive, store, separate, convert, or
otherwise process in accordance with SECTION 65. Repealing Clause. — All laws,
national minimum standards, manure; decrees, issuances, rules and regulations, or parts
thereof inconsistent with the provisions of this Act
(2) a facility, whose principal function is to are hereby repealed or modified accordingly.
receive, store, convert, or otherwise process
wastes which have already been separated SECTION 66. Effectivity. — This Act shall take
for re-use and are not intended for disposal; effect fifteen (15) days after its publication in at least
and two (2) newspapers of general circulation.
(3) the operations premises of a duly
Approved on January 26, 2001
licensed solid waste handling operator who
receives, stores, transfers, or otherwise
processes wastes as an activity incidental to
the conduct of a refuse collection and PD 979 (1976) THE MARINE POLLUTION DECREE AND
disposal business. RA 9993 (2009) THE PHILIPPINES COST GUARD LAW
(ss) Waste diversion shall refer to activities which
reduce or eliminate the amount of solid waste from PD 979 or the Marine Pollution Decree issued in
waste disposal facilities; 1976, specifically declared a national policy to
prevent and control the pollution of seas by the
(tt) White goods shall refer to large worn-out or
dumping of wastes and other matter which
broken household, commercial, and industrial
appliances such as stoves, refrigerators, create hazards to human health, harm living
dishwashers, and clothes washers and dryers resources and marine life, damage amenities,
collected separately. White goods are usually Or interfere with the legitimate uses of the sea
dismantled for the recovery of specific materials within the territorial jurisdiction of the
(e.g., copper, aluminum, etc.); and Philippines. Although it gives the responsibility
(uu) Yard waste shall refer to wood, small or of promulgating national laws on marine
chipped branches, leaves, grass clippings, garden pollution to the National Pollution Control
debris, vegetable residue that is recognizable as part Commission (NPCC) (a predecessor of EMB), It
gives authority to the Philippine Coast Guard To
promulgate its own specific rules and regulation
based on the national laws. This was further
reiterated in and RA 9993 or the Philippine
Coast Guard law of (2009) With the following
provisions on the powers and functions of the
PCG:

 To enforce laws, promulgate and


administer rules and regulations for the
protection of marine environment and
resources from offshore sources or
pollution;
 To develop oil spill response,
containment and recovery capabilities
against ship based pollution.

You might also like