Republic of the Bhilippines
House of Representatioes

Quezon City

SEVENTEENTH CONGRESS,
First Regular Session

HOUSE BILL No. 5136

Introduced by REP. RODEL M. BATOCABE, REP. ALFREDO A. GARBIN, Jr. and
REP. CHRISTOPHER S. CO

AN ACT ESTABLISHING A SYSTEM OF ACCREDITATION FOR GARBAGE
COLLECTION SERVICE BUSINESS, PROVIDING FUNDS THEREFOR AND FOR
OTHER PURPOSES

EXPLANATORY NOTE

This bill seeks to mandate the Environmental Management Bureau to establish
and operationalize a system of accreditation for owners, contractors, and/or operators of
garbage collection or hauling service businesses for a more systematized and efficient
implementation RA 9003, otherwise known as the Ecological Solid Waste Management
Act of 2000.

As provided for in Section 10 of RA 9003, the local government units (LGUs) shall
be primarily responsible for the implementation and enforcement of the provisions of the
Act within their respective jurisdictions. Also, the Act provides that segregation and
collection of solid waste shall be conducted at the barangay level specifically for
biodegradable, compostable and reusable wastes.

In addition, Article 3 of the same Act also provides for the minimum standards and
requirements for the collection of solid waste, as well as the requirements for the use of
separate collection schedules and/or separate trucks or haulers for specific types of
wastes. Vehicles used for the collection and transport of solid wastes are also required to
have the appropriate compartments to facilitate efficient storing of sorted wastes while in
transit

Notwithstanding these provisions of law, there seem to be some lapses in the
implementation because a number of garbage collectors within Metro Manila and other
cities do not have the necessary gears and equipment to protect its personnel. Some of
these personnel also lack the proper training in collection and transportation of solid
wastes, nor do they follow the prescribed scheduling and segregation of wastes, such
that every kind of trash end up in landfills—the reusables and recyclables mixed with food
wastes and hazardous wastes.

If this legislative measure is enacted into law, garbage collection businesses will
be required, as part of their registration and license to conduct business, to secure the
proper accreditation from the Environmental Management Bureau. These garbage
collection business and/or contractors will also be subject to monitoring by the Bureau to
ensure the proper implementation of the provisions of RA 9003 regarding efficient solid
waste management particularly in their collection and transportation.


in view of the foregoing, the approval of this bill is earngStly sought.

RODEL M. BATOCABE EDO A| GARBIN, Jr. © CHRNSTOPHER S. CO


Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILLNe. 5136

Introduced by REP. RODEL M. BATOCABE, REP. ALFREDO A. GARBIN, Jr. and
REP. CHRISTOPHER S. CO

AN ACT ESTABLISHING A SYSTEM OF ACCREDITATION FOR GARBAGE
COLLECTION SERVICE BUSINESS, PROVIDING FUNDS THEREFOR AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Title — This Act shall be known and cited as the “Garbage Collection
Accreditation Act of 2017”

SECTION 2. Declaration of Policy - Recognizing the need to ensure the proper collection
and transportation of solid wastes from their source, it is hereby declared the policy of the
State to establish and operationalize a system of accreditation for businesses or
contractors of garbage collection service.

SECTION 3. Definition of Terms — For purposes of implementing this Act, the following
definitions shall apply:
a) Bureau shall refer to the Environmental Management Bureau,
b) Collection shall refer to the act of removing solid waste from the source or from a
communal storage point;
Municipal waste shall refer to wastes produced from activities within local
government units which include a combination of domestic, commercial,
institutional and industrial wastes and street litters;
d) Solid waste shall refer to all discarded household, commercial waste, non-
hazardous institutional and industrial waste, street sweepings, construction debris,
agricultural waste, and other non-hazardousinon-toxic solid waste.

°)

Unless specifically noted otherwise, the term "solid waste" as used in this Act shall
not include:

1) Waste identified or listed as hazardous waste of a solid, liquid, contained
gaseous or semisolid form which may cause or contribute to an increase in
mortality or in serious or incapacitating reversible illness, or acute/chronic
effect on the health of persons and other organisms;

Infectious waste from hospitals such as equipment, instruments, utensils,
and fomites of a disposable nature from patients who are suspected to have
or have been diagnosed as having communicable diseases and must
therefore be isolated as required by public health agencies, laboratory

2)


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wastes such as pathological specimens (i.e. all tissues, specimens of blood

elements, excreta, and secretions obtained from patients or laboratory

animals) and disposable fomites that may harbor or transmit pathogenic
organisms, and surgical operating room pathologic materials from
outpatient areas and emergency rooms; and

Waste resulting from mining activities, including contaminated soil and

debris.

e) Transfer stations shall refer to those facilities utilized to receive solid wastes,
temporarily store, separate, convert, or otherwise process the materials in the solid
wastes, or to transfer the solid wastes directly from smaller to larger vehicles for
transport. This term does not include any of the following:

1) a facility whose principal function is to receive, store, separate, convert or

otherwise process in accordance with national minimum standards,
manure;
a facility, whose principal function is to receive, store, convert, or otherwise
process wastes which have already been separated for re-use and are
intended for disposals, and the operations premises of a duly licensed solid
waste handling operator who is receives, stores, transfers, or otherwise
processes wastes as an activity incidental to the conduct of a refuse
collection and disposal business.

3)

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SECTION 4. Coverage ~ This Act shall apply to all garbage collection businesses, their
owners, and/or operators including personnel, which enter into service contracts with local
government units for the collection of municipal wastes and transportation of the same to
transfer stations and/or sanitary landfills.

SECTION 5. Supervision and Accreditation - The Bureau shall establish and
operationalize a system of accreditation to determine the qualifications of a garbage
collection or hauling business. The Bureau shall have the following functions and
responsibilities under this Act:
a) Examine, evaluate, and accredit the garbage collection or hauling
business/contractor as prerequisites for its service contract with LGUs.

b)

Issue Certificate of Accreditation to the garbage collection or hauling
business/contractor upon determination that it meets the criteria for accreditation;
Provided, That the Certificate of Accreditation shall be valid for such period as may
be prescribed by the Bureau in the implementing rules and regulations of this Act;
Provided further, That no garbage collection or hauling business/contractor shall
be allowed to enter into service contracts with any LGUs without a Certificate of
Accreditation;

°)

Review and deny the application of any garbage collection or hauling
business/contractor, which does not meet the criteria for accreditation. The
garbage collection or hauling business/contractor shall be notified of the denial of
its application, the reasons therefor, and the evaluator/s' recommendation in order
that the business/contractor may meet the criteria for accreditation. The procedure
for reconsideration of and/or effecting any corrections or amendments to the
application shall be provided in the implementing rules and regulations of this Act


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SECTION 6. Monitoring and Verification - The Bureau shall monitor the garbage
collection or hauling business/contractor and coordinate to ensure that the provisions of
this Act are complied with.

SECTION 7. Withdrawal of Accreditation - The Bureau shall have the authority to
withdraw the Certificate of Accreditation, upon a determination that the garbage collection
or hauling business/contractor no longer meets the criteria for accreditation under Section
of this Act.

Section 8. implementing Rules and Regulations — The Bureau, in coordination with the
DILG, shall formulate the implementing rules and regulations of this Act within sixty (60)
days after its effectivity. Such rules and regulations shall take effect fifteen (15) days after
their publication in a newspaper of general circulation in the Philippines.

SECTION 9. Appropriations - The amount necessary to carry out the operation of this Act
shall be included in the annual budget of the Bureau:

SECTION 10. Separability Clause — Should any provision of this Act be declared
unconstitutional, the remainder thereof not otherwise affected shall remain in full force
and effect.

SEC. 11. Repealing Clause. ~ All other existing laws, presidential decrees, executive
orders, proclamations or administrative regulations that are inconsistent with the
provisions of this Act are hereby repealed, amended or modified accordingly.

SEC. 12. Effectivity ~ This Act shall take effect fifteen (15) days following the completion
of its publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved.