Solid Waste Management Law Essay Example

size or physical attributes. The term "Bureau" specifically refers to the Environmental Management Bureau. A buy-back center is a recycling facility that buys or accepts recyclable materials from the public for recycling purposes. Collection involves removing solid waste either from its origin or a shared storage area. Composting is the regulated decomposition of organic matter using micro-organisms like bacteria and fungi, resulting in a substance similar to humus. Consumer electronics refer to radios, stereos, and TV sets that are no longer functional because they are worn-out or broken.

Controlled dump refers to a disposal site that follows the minimum standards of site operation. The term "Department" refers to the Department of Environment and natural resources. "Disposal" refers to the act of putting solid waste into or on any land. A "disposal site" is where solid waste is ultimately discharged and deposited. Ecological solid waste management is the organized management of activities that include source segregation, transportation, storage, transfer, processing, treatment, and disposal of solid waste, as well as other waste management activities that do not harm the environment.

The term "Environmentally acceptable" means that something is reusable, biodegradable or compostable, recyclable, and non-toxic or hazardous to the environment. The term "Generation" refers to the process of producing solid waste. The term "Generator" refers to a person who last uses a material and makes it available for disposal or recycling. "Hazardous waste" describes solid waste that can cause death, serious illness, or significant harm to human health or the environment if not properly treated, stored, transported, disposed of, or managed due to its quantity, concentration, physical, chemical or infectious characteristics. The term "Leachate" is the liquid produced during

waste decomposition when water seeps through decomposing solid waste. It contains dissolved and suspended materials and is contaminated. A "Materials recovery facility" includes a solid waste transfer station or sorting station, drop-off center, composting facility and recycling facility. The term "municipal waste" refers to waste from activities within local government units such as domestic, commercial institutional industrial waste as well as street litters. An "open dump" is an area where solid wastes are disposed of without considering environmental and health standardsThe term "opportunity to recycle" refers to the provision of a location, either at a disposal site or a more convenient place, where recyclable materials can be collected. This collection should take place at least once a month. Additionally, it involves implementing a public education program to inform individuals about recycling options and encourage them to separate recyclable materials.

The term "person(s)" encompasses any entity that has rights, obligations, or can be involved in legal relationships.

"Post-consumer material" specifically pertains to materials or products that have been used by businesses or consumers and have completed their intended purpose. These materials are then separated from solid waste for the purpose of recycling. It does not include materials and by-products used during the original manufacturing process, such as mill scrap.

"Receptacles" refer to individual containers that are used for sourcing and collecting recyclable materials.

Recovered material refers to material and by-products that have been collected, processed, and utilized as raw material in the production of recycled products.

Recyclable material includes various waste materials that still hold potential for beneficial use or other purposes. Examples include newspaper, scrap metal, used oil, cardboard, aluminum, glass, office paper , tin cans ,and other materials determined

by the Commission.The text below provides an overview of various terms related to waste management, while also highlighting the importance of recycling and resource conservation.

Recycled material, on the other hand, refers to post-consumer material that has undergone a process of treating used or waste materials to make them suitable for beneficial use or other purposes. This involves transforming solid waste materials into new products that can serve as raw materials for other goods or services.

Accordingly, recycling encompasses the collection, segregation, and reuse of previously used packaging material in accordance with this Act. The goal is to reduce both solid waste generation and overall resource consumption while utilizing recovered resources - a concept known as resource conservation.

Resource recovery is another key term in waste management. It involves collecting, extracting, or recovering recyclable materials from the waste stream for recycling, energy generation, or production of a beneficial product (excluding incineration).

Reuse is another important aspect where materials are recovered without altering their physical and chemical characteristics for either the same purpose or different purposes.

A sanitary landfill refers to a constructed waste disposal site that incorporates measures to control potential environmental impacts associated with waste disposal.

However, it's worth noting that waste-to-energy conversion methods are not included within this Act's definition of recycling.

To ensure compliance with limitations, prohibitions, or standards outlined in this Act or any related regulations - a defined sequence of actions within a set timeframe called Schedule of Compliance is followed.Waste minimization is the goal of reducing waste through efficient production methods and product design considerations. The term Secretary landfill refers to the Secretary of the Department of Environment and Natural Resources. Segregation in solid waste

management involves separating materials to promote recycling and reduce waste quantity. Source segregation involves separating materials at their point of origin for recycling and waste reduction purposes. Solid waste includes household and commercial waste, non-hazardous institutional and industrial waste, street sweepings, construction debris, agricultural waste, and other non-toxic solid waste.

1. The term "solid waste" as used in this Act shall exclude, unless specifically noted otherwise:
2. Hazardous waste, whether solid, liquid, contained gaseous or semisolid, that may cause or contribute to increased mortality, serious or reversible illness, or acute/chronic health effects on humans and other organisms.This includes infectious waste from hospitals (such as disposable equipment, instruments, utensils and fomites from patients with communicable diseases), laboratory waste like pathological specimens and disposable fomites carrying pathogenic organisms.Surgical operating room pathologic materials from outpatient areas and emergency rooms are also covered.
3. Waste generated from mining activities, which includes contaminated soil and debris.

Solid waste management involves controlling the generation,
storage,collection,
transfer,
transportation,
processing,and disposal of solid wastes.
It should be done in a way that aligns with public health,economics,
engineering,
conservation,aesthetics,
environmental considerations,and public attitudes.
A solid waste management facility can be any system or component of a system for resource recovery,
resource conservation,
or solid waste collection,
storage,

transportation,

transfer,

processing,treatment

or disposal.
Source reduction aims to decrease solid waste before it enters the waste stream.Various techniques are utilized to reduce waste, such as product design, materials substitution, materials re-use, and packaging restrictions. Source separation is employed to categorize solid waste into its different components at the point of generation. Special wastes include household hazardous substances like paints, thinners, household batteries, lead-acid batteries, and spray canisters. Additionally, bulky wastes, consumer electronics, white goods, and yard wastes are collected separately from other waste streams in residential

and commercial sectors. These specific types of waste are typically managed independently from other forms of household and business wastes.

Storage refers to the temporary containment of solid waste before it is collected for recovery or disposal. Transfer stations are facilities used for receiving, storing, separating, converting, or processing solid waste, or for transferring waste from smaller to larger vehicles. However, transfer stations do not include the following:

1. A facility primarily dedicated to receiving, storing, separating, converting, or processing manure in accordance with national minimum standards.
2. A facility primarily dedicated to receiving, storing, converting, or processing waste that has already been separated for reuse and is intended for disposal. This also includes the premises of a licensed solid waste handling operator who performs waste storage, transfer, or processing as an incidental activity to their refuse collection and disposal business.

Waste diversion refers to activities that decrease or eliminate the amount of solid waste sent to disposal facilities. White goods are large household, commercial, and industrial appliances like stoves, refrigerators, dishwashers, and clothes washers and dryers that are collected separately. These appliances are usually dismantled to recover specific materials.

Various materials such as copper and aluminum are recyclable, along with other materials identified by the Commission. Yard waste, on the other hand, consists of wood, small or chipped branches, leaves, grass clippings, garden debris, vegetable residue from plants or vegetables.

Institutional Mechanism

National Solid Waste Management Commission: The Office of the President establishes a National Solid Waste Management Commission referred to as the Commission.

The Commissioner will be composed of fourteen members from the government sector and three members from the private sector. The heads of various government departments such

as DENR, DILG, DOST, DPWH, DOH, DTI, DA, MMDA, as well as representative bodies like the League of provincial governors, League of city mayors, League of municipal mayors, Association of barangay councils, TESDA,and Philippine Information Agency will represent the government sector in their official capacity. The private sector will have a representative from NGOs focused on recycling and environmental protection, a representative from the recycling industry and one from the manufacturing or packaging industry. The Commission can also involve other relevant agencies or sectors when necessary. Representatives from NGOs and industries will be appointed by the President for a three-year term. Secretaries of member agencies will develop action plans to support the National Solid Waste Management Framework within their respective organizations.The chairman will be the Department Secretary while the vice chairman will be a representative from the private sector who demonstrates integrity professionalism and exceptional work in environmental and resource management.

The Commission members will serve until their successors are appointed and qualified, and if a member is unable to complete their term, the remaining portion of the term will be assigned. They will also receive reasonable traveling expenses and honoraria. The Environmental Management Bureau of the Department will provide support as secretariat to the Commission. The Secretariat, led by an executive director nominated by the Commission members and appointed by the chairman.

Powers and Functions of the Commission -The Commission's Roles and Responsibilities

The Commission is responsible for overseeing solid waste management and has several powers and functions. These include:

- Implementing solid waste management plans and prescribing policies to achieve the objectives of the Act.
- Preparing the national solid waste management framework.
- Approving local solid

waste management plans.
- Reviewing and monitoring the implementation of these plans.
- Coordinating the operation of local solid waste management boards at provincial and city/municipal levels.
- Assisting provincial, city, and municipal solid waste management plans using available resources effectively.
- Developing a model provincial, city, and municipal solid waste management plan as a guideline for provinces, cities, and municipalities to meet the requirements of the National Solid Waste Management Framework.

Furthermore, the Commission adopts a program to provide technical assistance and support to local government units in developing source reduction programs. It also implements initiatives to find markets for materials diverted from disposal facilities through environmentally friendly methods like re-use, recycling, and composting.Furthermore, there will be a development of a system to impose penalties for any breaches of environmental regulations and rules. The management of the Solid Waste Management Fund will also be implemented, along with the establishment of procedures for granting suitable permits and clearances. To enhance outcomes, an evaluation of the incentives program for efficient solid waste management will take place. Strategies for promoting education and conducting information campaigns will also be devised. Lastly, after providing appropriate notice and conducting hearings involving concerned parties, standards, criteria, guidelines, and formulas that are just, fair, reasonable, and impartial will be established regarding tipping charges and rates in the operation and administration of solid waste management facilities as well as technologies.

The text focuses on the need to develop safety nets and alternative livelihood programs for small recyclers and other sectors that may be impacted by the construction or operation of a solid waste management recycling plant or facility. It also emphasizes the importance of formulating and updating a

list of non-environmentally acceptable materials in accordance with this Act. To ensure a comprehensive list, the Commission must conduct proper consultation with all relevant industries, considering both technological and economic viability. Additionally, the text calls for the encouragement of private sector initiatives, community participation, and investments in resource recovery-based livelihood programs for local communities.

Encourage all local government agencies and all local government units to support the use of products made from recycled and recyclable materials. Recommend and enforce regulations that require the separation, collection, processing, and sale of organic and designated recyclable materials in each local government unit. Additionally, evaluate and revise the standards, criteria, and guidelines for an integrated national solid waste management framework. Furthermore, assess the criteria and guidelines for the location, design, operation, and maintenance of solid waste management facilities.

Meetings

The Commission must hold meetings on a monthly basis. A quorum will be established if at least a majority of the members are present. The chairman, or the vice-chairman in their absence, will preside over the meetings.

The agencies mentioned in this Act may designate permanent representatives to attend meetings in the absence of their heads. The Commission will establish the National Ecology Center, which will provide consulting, information, training, and networking services for implementing the Act. The Center will facilitate training and education on integrated ecological solid waste management. It will also establish and manage a solid waste management information database in coordination with the DTI and other agencies. The database will contain information on solid waste generation and management techniques, resource recovery approaches, and the list of materials being recycled or bought by processors/recyclers along with their prices. Additionally, the Center will

promote the development of a recycling market by establishing a national recycling network. It will provide assistance in pilot modeling of solid waste management facilities and develop and disseminate model waste minimization and reduction auditing procedures. The National Ecology Center will be headed by the director of the bureau in his Officio capacity.The Department will maintain a diverse group of experts, including those from various sectors such as the academia, inventors, professionals in practice, business and industry, youth, women, and other relevant sectors. These experts will be screened based on the qualifications established by the Commission.

In order to advance the objectives of this Act, the Department will assume the following responsibilities: chairing the Commission established by this Act, preparing an annual National Solid Waste Management Status Report, creating and disseminating information, education, and communication materials on solid waste management, establishing methods and parameters for measuring waste reduction, collection, and disposal, providing technical assistance and support to LGUs in developing and implementing local solid waste management plans and programs.

Recommend policies to eliminate barriers to waste reduction programs, exercise visitorial and enforcement powers to ensure strict compliance with this Act, perform such other powers and functions necessary to achieve the objectives of this Act and Issue rules and regulations to effectively implement the provisions of this Act.

Visitorial Powers of the Department.

The Department or its duly authorized representative shall have access to, and the right to copy therefrom, the records required to be maintained pursuant to the provisions of this Act. The Secretary or the duly authorized representative shall likewise have the right to enter the premises of any generator, recycler or manufacturer, or other facilities any time

to question any employee or investigate any fact.