SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
!$rsudt' 
(Off.;, .Ilil""';ob<~ 
First Regular Session 
) 
'13 
~U6 -1 P4 :41 
SEN1197 
S.No. ___ _ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 16 provides: 
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 maj or hazards of waste landfills would be leachate, the contaminated water 
generated from the 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 ofleachate 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.' 
• This bill was originally filed in the FOUlteenth Congress, Second Regular Session. 
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'srttatt 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
(ltfl.; •• f ,~. ~ 
.... I"'~ 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
~UIi -1 P4:41 
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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: 
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SECTION 1. Definition of Terms. - As used in this Act, the following shall mean: 
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(A) "Solid Waste Landfill" means a disposal facility or part of a facility at which solid 
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waste is intentionally placed and at which such waste will remain after closure. 
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(B) "Aquifer" is an underground layer of water-bearing permeable rock or 
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unconsolidated materials (gravel, sand, silt, or .clay) from which groundwater can be usefully. 
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extracted using a water well. 
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SECTION 2. Policy. - The Department of Environment and Natural Resources, in 
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promulgating such rules and regulations applicable to solid waste landfills, shall minimize or 
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avoid any adverse environmental or public health impact on primary water supply aquifers, on 
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principal aquifers, within a public water supply stabilized cone of depression area, or within a 
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minimum distance of 100 feet to surface waters that are actively used as sources of a public 
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water supply. 
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SECTION 3. Role of Cities and Municipalities.-
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(A) Cities and municipalities shall have the opportunity to submit comments or 
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objections concerning a proposed solid waste landfill that is to be located in their territory or 
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located adjacent to their territory. Cities and municipalities shall also have the opportunity to 
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submit comments or objections concerning any solid waste landfill permit renewal, modification, 
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or expansion for a solid waste landfill that is located in territory or adjacent to such territory. The 
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Department of Environment and Natural Resources shall consider such comments or objections 
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and specifically detail in its decision granting or denying such permit how the Department 
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addressed such comments or objections and mitigated or minimized the adverse environmimtal' 
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or public health impacts articulated in such comments or objections; and 
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(8) The Department shall consider such comments or objections and deny any new 
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solid waste landfill permit or the expansion of any existing solid waste landfill that would result 
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in an over-concentration of solid waste landfills in a city or a municipality or in the area in 
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proximity to the site selected. In determining whether there would be an over-concentration of 
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solid waste landfills, the Department shall survey the nature and character of such city or 
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municipality and determine whether or not siting such solid waste landfill would significantly 
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adversely impact such city or municipality or the surrounding cities or municipalities. The 
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Department, in issuing or denying any solid waste landfill permit, shall explicitly address the 
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over-concentration issue; and 
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(C) The Department, in reviewing any solid waste landfill permit application, shall 
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consider all existing comprehensive city or municipal land use plans and zoning and subdivision 
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local laws and ordinances in evaluating and determining the size, location, or operation of such 
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solid waste landfill. The Department, in its decision, shall incorporate the underlying planning 
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and land use considerations embodied in such comprehensive city or municipal land use plans 
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and zoning and subdivision local laws and ordinances. 
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SECTION 4. Prohibition. - No permit for a solid waste landfill shall be (A) issued, 
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renewed, or modified; or (8) issued to authorize a lateral or vertical expansion of an existing 
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solid waste landfill, if such facility is located where it will have a significant adverse 
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environmental or public health impact on primary water supply aquifers, on principal aquifers, 
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within a public water supply stabilized cone of depression area, or within a minimum distance of 
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one hundred feet to surface waters that are actively used as sources of a public water supply. 
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SECTION 5. Separability Clause. -
If any provision of this Act is declared 
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unconstitutional or invalid, the other sections or provisions hereof which are not affected thereby 
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shall continue to be in full force and effect. 
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SECTION 6. Repealing Clause. - All laws, decrees, orders, rules, and regulations or 
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parts thereof inconsistent with the provisions of this Act are hereby repealed, amended, or 
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modified accordingly. 
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SECTION 7. Effectivity Clause. - This Act shall take effect after fifteen (15) days 
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following its publication in at least two (2) newspapers of general circulation. 
Approved, 
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