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FOURTEENTH CONGRESS OF THE REPLBLIC) 
Second Regular Session 
OF THE PHILIPPINES 
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8 BEC; -9 PZ 32 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
According to Articie 11, Section 16 of the 1987 Constitution: 
"The State shall protect and advance the right of the people to a balanced 
and healthful ecology in accord with the rhythm and harmony of nature. 
One of the major hazards of waste landfills would be leachate, the contaminated water 
gencratcd fiom tlic garbage dumped on the landfills. The precipitation that falls into a landfill, 
coupled with any disposed liquid waste, results in the extraction of the water-soluble compounds 
and particulate matter of the waste, and the subsequent formation of leachate. The creation of 
leachate, sometimes deemed "garbage soup," presents a major threat to the current and future 
quality of groundwater. 
The release of leachate to the groundwater may present several risks to human health and 
the environment. The release of hazardous and nonhazardous components of leachate may render 
an aquifer unusable for drinking-water purposes and other uses. Leachate impacts to 
groundwater may also present a danger to the environment and to aquatic species if the leachate- 
contaminated groundwater plume discharges to wetlands or streams. 
This bill seeks to address leachate contamination of our water aquifers. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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Second Regular Session 
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8 DkC -9 P2 :I2 
Introduced by Senator Miriam Defensor Santiago 
AN ACT TO PROTECT WATER AQUIFERS WITH REGARD TO 
SOLID WASTE LANDFILLS 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Dejnition. As used in this Act, the following shall mean: 
A.) “Solid Waste Landfill” means a disposal facility or part of a facility at which solid 
waste is intentionally placed and at which such waste will remain after closure. 
B) “Aquifer” is an underground layer of water-bearing permeable rock or 
unconsolidated materials (gravel, sand, silt, or clay) from which groundwater can be 
usefully extracted using a water well. 
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water supply. 
SECTION 2. Policy. The Department of Environment and Natural Resources in 
promulgating such rules and regulations applicable to solid waste landfills, shall minimize or 
avoid any adverse environmental or public health impact on primary water supply aquifers, on 
principal aquifers, within a public water supply stabilized cone of depression area, or within a 
minimum distance of 100 feet to surface waters that are actively used as sources of a public 
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SECTION 3. Role of Municipality. 
1) A municipality shall have the opportunity to submit comments or objections concerning a 
proposed solid waste landfill that is to be located in such municipality or located adjacent to such 
municipality. A niunicipality shall also have the opportunity to submit comments or objections 
concerning any solid waste landfill permit renewal, modification or expansion for a solid waste 
landfill that is located in sWli municipality or adjacent to such municipality. The Department of 


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Environment and Natural Resources shall consider such municipal comments or objections and 
specifically detail in its decision granting or denying such permit how the Department addressed 
such comments or objections and mitigated or minimized the adverse environmental or public 
health impacts articulated in such comments or objections; and 
2) The Department shall consider such municipal comments or objections and deny any new 
solid waste landfill permit or the expansion of any existing solid waste landfill that would result 
in an over-concentration of solid waste landfills in a municipality or in the area in proximity to 
the site selected. In determining whether there would be an over-concentration of solid waste 
landfills, the Department shall survey the nature and character of such municipality and 
determine whether or not siting such solid waste landfill would significantly adversely impact 
such municipality or the surrounding municipalities. The Department in issuing or denying any 
solid waste landfill permit, shall explicitly address the over-concentration issue; and 
3) The Department, in reviewing any solid waste landfill permit application, shall consider all 
existing comprehensive municipal land use plans and zoning and subdivision local laws and 
ordinances in evaluating and determining the size, location or operation of such solid waste 
landfill. The Department, in its decision, shall incorporate the underlying planning and land use 
considerations embodied in such comprehensive municipal land use plans and zoning and 
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subdivision local laws and ordinances. 
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SECTION 4. Prohibition. No permit for a solid waste landfill shall be A) issued, 
renewed or modified, or B) issued to authorize a lateral or vertical expansion of an existing solid 
waste landfill, if such facility is located where it will have a significant adverse environmental or 
public health impact on primary water supply aquifers, on principal aquifers, within a public 
water supply stabilized cone of depression area, or within a minimum distance of one hundred 
feet to surface waters that are actively used as sources of a public water supply 
SECTION 5. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts 
thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified 
accordingly. 
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SECTION 6. Separability Clause. - If, for any reason, any provision of this Act is 
declared to be unconstitutional or invalid, the other sections or provisions hereof which are not 
affected thereby shall continue to be in full force and effect. 
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Approved, 
SECTION 7. Effectivity Clause. - This Act shall take effect after fifteen (15) days 
following its publication in the Of$cial Gazette or in two (2) newspapers of general circulation. 
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