Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. 4370 _

Introduced by Honorable CARMELO F. LAZATIN

EXPLANATORY NOTE
Eight (8) years after the Ecological Solid Waste Management Act of 2003 or RA 9003 look effect; there
were visible gains and shortcomings upon its implementation, Some of these clear gains, but not limited
to, is the recognition of many regarding the need to reduce, reuse and recycle our waste and the
creation of the inertia regarding the closure of open and controlled dumpsites. However, while these
gains are being further pushed by some, many LGUs are stiling lagging when it comes to compliance
with RA 9003,

The shortcomings, the materials recovery facilities in many of our cities and municipalities are to yet to
be constructed, Coupled with the continuous growth of waste generation, the closure of open and
controlled dumpsites is a big headache to LGUs. The question where to put LGU's solid waste poses a
big challenge In the absence of sanitary landfills. The lack of financial capability of most of our LGUs to
cause the construction of sanitary fandfill is one of reason for their delay.

Given, this limitation, this bill proposes that provincial LGUs and the National Govemment shall be
collectively responsible in the construction of sanitary landfil in every province of the country. Further,
in the absence of sanitary landfils, at present, this bill also seek to allow the construction of incinerators
to prevent solid waste materials in ending to new and covert open dumpsites and in our waterways.
The construction of incinerators intends to fi the gap while sanitary landfils are yet to be constructed in
every province. It addresses the present garbage woes of LGUs in the light of the closing of open and
controlled dumpsites.

The author of this bill believes that the passage of this legislative measure will considerably address the

problem of garbage in the country.
rah ag
“ARMELO TIN

1" District of Pmpanga


Republic ofthe Philippines
HOUSE OF REPRESENTATIVES

Quezon City

FIFTEENTH CONGRESS
First Regular Session

House BiLNo._4370

Introduced by Honorable CARMELO F. LAZATIN

AN ACT CAUSING THE CONSTRUCTION OF A SANITARY LANDFILL IN EVERY PROVINCE OF
THE COUNTRY, THE LIFTING OF THE BAN ON INCINERATORS, AMENDING RA 9003 AND RA
8749, AND APPROPRIATING NECESSARY FUNDS THEREOF.

Be enacted by the Senate and House of Representatives of the Philippines in Congress assembled.
‘Section 1. Short title. This Act shail be known as the Sanitary Landfil and Incinerators Act.

‘Section 2. Objectives of the Act. It is the primary objective of this Act to safeguard the environment
from the ileffects of garbage with due consideration to the actual capacities of our local government
nits to implement an ecological solid waste management program.

Section 3, Establishment of sanitary tandfill facility. There shat! be at least one (1) sanitary landfill
in every province of the country by 2020. The provincial local government unit shall be responsible in
identifying and allotting appropriate site for the construction of sanitary landfil, The cost of the
‘construction of the facility shall be equally and collectively shouldered by the LGU and the National
Government.

‘The National Govemment, through the DENR, shall be responsible in developing the technical design
of the faciity in every province. The landfil prior to its construction should have an Environmental
Compliance Certificate

The facility shall be jointly operated and maintained by the provincial LGU and DENR. The provincial
LGU is empowered to impose tipping fees to cover the cost of operating and maintaining the landfill.
Host municipalicity LGU, where the facility is located, is entited to receive incentives from the provinciat
LGU.

Section 4. Construction of incinerators. To address the growing volume of solid waste generated by
the economy and househoids, and in the absence of sanitary landfills, the construction of incinerators
is hereby allowed, provided that:


1, No incinerators shall be constructed without an Environmental Compliance Certificate;
2. Only municipal solid waste materials is allowed to de incinerated;
3. Incinerators should not emit smoke in the atmosphere.

The cost of construction of incinerators shall be the responsible of the provincial LGUs. The provincial
LGUs may impose fees to component local government units and private groups, who wili bring solid
waste materials in the facility for incineration, to cover the cost of construction and maintenance.

Host municipacity LGU, where the incinerator fs located, is entitled to receive incentives from the
provincial LGU.

Section 5. Implementing Rules and Regulations. - The DENR shall promulgate the necessary
implementing rules and regulations within ninety (90) days from the effectivity of this Act.

Section 6. Separability Clause. - if, for any reason, any part or provision of this Actis dectared invalid,
mich dantaratinn chall ant offart the ather newicinne nf thie rt

Section 7. Repealing Clause. - Ali laws, decrees, executive orders, issuances, rules or regulations or
parts thereof which are inconsistent with the provisions of this Act are hereby deemed repealed,
amended or modified accordingly.

Section 8, Effectivity - This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in two (2) national newspapers of general circulation.

Approved,