FREQUENTLY ASKED QUESTIONS – NATIONAL SOLID WASTE MANAGEMENT COMMISSION – SECRETARIAT
1. Who or which office can we seek assistance in preparing our 10-year Solid Waste Management Plan?
The LGU can seek assistance from the EMB Regional Office, or the National Solid Waste Management Commission (NSWMC) Secretariat at 2nd Floor HRD Bldg., DENR Compound, Visayas Avenue, Diliman, Quezon City (Tel. Nos. 920-2252 and 920-2279 and Fax No. 920-2252)
2. What are the procedures in getting approval of our 10-Year Solid Waste Management (SWM) Plan?
A. The province, city or municipality, through its local solid waste management board, shall prepare the respective 10-year SWM plans consistent with the National Solid Waste Management Framework. Also, the 10-Year SWM Plan must be written following the NSWMC- approved Annotated Outline.
B. The 10-year SWM plan is required to be approved by the Sangguniang Bayan or Sangguniang Panlungsod. The Sanggunian-approved 10-Year Plan must be submitted to the EMB-Regional Office for evaluation.
C. If the 10-Year SWM Plan passes the regional evaluation process, it will be indorsed to the NSWMC Secretariat for review.
If the 10-Year SWM Plan does not follow the annotated outline, it will be returned outright to the LGU.
If some data are lacking, the LGU will be notified to submit the additional data/information.
At the NSWMC Secretariat, the acceptable Plan will be reviewed and deliberated by the Technical Working Group. If the plan satisfies all the necessary requirements, it will be endorsed to the Commission for approval. Otherwise, additional data will be requested from the LGU.
3. Are individual LGUs required to construct and operate sanitary landfills?
No Individual LGUs may opt to construct their own categorized sanitary landfills (SLF), cluster with other LGUs or dispose their waste in privately or government- operated SLFs. Also, the LGU may choose to use alternative technology in disposing their wastes. The four (4) categories of SLF are based on the volume of wastes to be disposed. Only categorized SLF shall be operated and used by individual LGUs or a cluster of LGUs five (5) years after the effectivity of Republic Act 9003 or starting February 2006.
4. We have learned that there is a grant assistance to LGUs for solid waste management projects. Which LGUs are qualified to tap this assistance? What are the requirements for LGUs to get this assistance? What are the procedures in accessing this grants? ANSWER: Download PDF File
5. We have heard about Eco-Park as one compliance scheme to RA 9003. Please describe an Eco-park?
As per NSWMC Resolution No. 26 Series of 2009, an Ecology park is a site where the combined processes for biodegradable, non-biodegradable, recyclable and residual wastes are being conducted which may include composting, vermi composting and Materials Recovery Facilities (MRFs) and said LGUs are developing their waste disposal sites into Ecology parks showcasing their best practices. This is only applicable to 3rd to 6th Class municipalities.
6. Some of our communities still burn their solid wastes thinking that “community siga” is allowed. Please clarify if this is allowed.
Under Section 48 of RA 9003, all kinds of open burning are prohibited and are punishable by fines and penalties.Section 48. Prohibited Acts – the following acts are prohibited: The open burning of solid wastes. Section 49. Fines and Penalties.
7. Who or which office can help us understand better and do composting of organic wastes?
The Department of Agriculture, the EMB Regional Offices and the NSWMC-Secretariat can provide technical assistance in composting organic wastes.
8. Please describe a Materials Recovery Facility. Who or which office can help us set up Materials Recovery Facility?
A materials recovery facility (MRF) is a place where collected segregated wastes are brought for final sorting. It is also a place where the segregated recyclables are stored separately according to type i.e. paper, plastics, metal, etc. until they are sold to junk dealers or recyclers. The MRF is also a place where processing of biodegradable wastes into compost is being done. Section 32 of RA 9003 mandates the establishment of MRF in a barangay or a cluster of barangays, where it will be established and for what purpose and Section 33 gives the guidelines for the establishment of MRF.
Section 32 of RA 9003. Establishment of 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 subjected to the guidelines and criteria set pursuant to this Act. The MRF shall receive segregated 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 of RA 9003. Guidelines for Establishment of 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:
The building and/or land layout and equipment must be designed to accommodate efficient and safe materials processing, movement, and storage; and The building must be designed to allow efficient and safe external access and to accommodate internal flow. The EMB Regional Office, or the NSWMC Secretariat can provide technical assistance in the establishment of an MRF.
9. We have been informed that open dumps are no longer allowed. When did this policy take effect? What penalties does RA 9003 impose on LGUs for operating open dumps?
Section 37 of RA 9003 states that “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 Section 41 of this Act: provided, further, That no controlled dumps shall be allowed five (5) years following effectivity of this Act.
RA 9003 took effect in February 2001 thus open dumps should have been closed or converted to controlled disposal facilities by February 2004. Then five years after the effectivity of the Act which is February 2006, all controlled dumps should have been closed and rehabilitated.
LGUs found to still operating open/controlled dumps were (i) endorsed to the Ombudsman for sanction.
The endorsement to the Ombudsman was based on the NSWMC Resolution No. 17, Series of 2009, Resolution Adopting the 3-Strike Policy.
RA 9003 provides sanction for operating open dumps. In Section 48. Prohibited Acts – the following acts are prohibited:
(6) Open dumping, burying of biodegradable or non-biodegradable materials in flood-prone areas.
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 RA 9003 shall be charged administratively in accordance with RA 7160 and other existing laws, rules and regulations.
10. Is the Materials Recovery Facility (MRF) required to be covered by ECC? Does the LGU need to apply for ECC for its MRF?
The MRF is not covered by ECC only if it has a composting facility that produces greater than 15 metric tons of compost per day. If the MRF is just for segregation of materials, it must file/apply an application form for a CNC from the EMB Regional Office.
FREQUENTLY ASKED QUESTIONS – WATER QUALITY MANAGEMENT
1. What are the requirements in applying for waste water discharge permit?
Requirements for waste water discharge permit. click here
2. What LGU facilities must comply with the provisions of the Clean Water Act and DAO 35?
All buildings and facilities that produce waste water, these are Public Schools, Markets, Slaughter House, Sports center, Transport Terminals, Schools, Hospitals and office buildings. These facilities must have correctly designed waste water treatment facilities.
3. How much is Discharge Permit? See Table.
FREQUENTLY ASKED QUESTIONS – AIR QUALITY MANAGEMENT
FREQUENTLY ASKED QUESTIONS – ENVIRONMENTAL IMPACT ASSESMENT
1. What are the documents required when an LGU applies for a Certificate of Non-Coverage (CNC)?
The requirements for CNC application is a Project Description Report which
includes the following:
• Project Facilities/ Building components
• Site Development Plan; Building layout
• Site Photos
2. Our LGU will establish a public transport terminal, what environmental report should we submit to EMB to obtain and Environmental Compliance Certificate? Initial Environmental Examination (IEE) or Project Description Report for Certificate of Non-Coverage?
Regardless of the total land area, the LGU must submit to the concerned EMB Regional Office an IEE as ECC application for the said project.
3. What are the requirements for ECC application for a public transport terminal? See Scanned Document
4. Our LGU was issued with Notice of Adverse finding for violating a condition on our ECC. What should we do?
Through a formal letter addressed to the concerned EMB Regional Office, explain why the fine for violations of condition/s shall not be imposed.
5. Are LGUs required to appoint/designate a Pollution Control Officer (PCO)?
Yes, each LGU is required to appoint/ designate a Pollution Control Officer (PCO) pursuant to Section 3 of DENR Administrative Order (DAO) 1992-26.
6. One LGU employee attended a training for Pollution Control Officer (PCO) organized by the EMB Regional Office. He was given a certificate of training. Can he already be considered an accredited PCO?
No, he is not yet an accredited PCO. An accredited PCO is recognized by the EMB Regional Office and issued with a Certificate of Accreditation Number (COA No.) To become an accredited PCO, the PCO applicant must submit to the EMB Regional Office or satisfy the following requirements:
a. Should be a Filipino citizen, natural or acquired
c. Transmittal Letter of the Mayor, duly notarized and addressed to the respective EMB Regional Director
d. Photocopy of the Certificate for PCO Training that all information submitted are true and correct
e. 2 copies of colored ID pictures (2" x 2")