RULE XVIII PENAL PROVISIONS Section 1. Prohibited Acts Republic Act 9003 on Solid Waste Management provides: The following acts are prohibited: a) 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; b) 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 the Act; c) The open burning of solid waste; d) Causing or permitting the collection of non-segregated or unsorted waste; e) Squatting in open dumps and landfills; f) Open dumping, burying of biodegradable or noon-biodegradable materials in flood-prone areas; g) Unauthorized removal of recyclable material intended for collection by authorized persons; h) 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; i) Establishment or operation of open dumps as enjoined in the Act, or closure of said dumps in violation of Sec. 37 of the Act; j) The manufacture, distribution or use of non-environmentally acceptable packaging materials; k) Importation of consumer products packaged in non-environmentally acceptable materials; l) Importation of toxic wastes misrepresented as recyclable or with recyclable content; m) Transport and dumping in bulk of collected domestic, industrial, commercial and institutional wastes in areas other than centers of facilities prescribed under the Act; n) Site preparation, construction, expansion or operation of waste management facilities without an Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and the Act and not conforming with the land use plan of the LGU; o) The construction of any establishment within two hundred (200) meters from open dump or controlled dumps or sanitary landfills; and p) The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir or watershed area and/or any portion thereof. The Commission may also issue further guidelines that consider existing and relevant laws and regulations, and which may further define the scope and coverage of the above prohibited acts. Section 2. Specific Prohibition Against the Use of Open Dumps for Solid Waste. 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 the Act; Provided, that within three (3) years after the effectivity of the Act, every LGU shall convert its open dumps into controlled dumps; Provided, further, that no controlled dumps shall be allowed five (5) years following effectivity of the Act. In order to facilitate the Act’s requirement that LGUs convert their open dumps into controlled dumps, the Commission, shall direct the Department in collaboration with DILG, to formulate a staged-compliance program. The staged compliance program shall consider but not be limited to respective LGU classification and abilities to immediately comply with Section 41 of the Act. It shall also establish its base line from the inventory of all open dumpsites in the country, which must be completed not more than three (3) months following effectivity of these Rules and Regulations.
Posted on: Sun, 27 Apr 2014 23:30:03 +0000
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