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(NAR) VOL. 9 NO. 4 / OCTOBER - DECEMBER 1998

[ DENR ADMINISTRATIVE ORDER NO. 98-49, S. 1998, June 29, 1998 ]

TECHNICAL GUIDELINES FOR MUNICIPAL SOLID WASTE DISPOSAL

<DIV ALIGN = "JUSTIFY">WHEREAS, the disposal of municipal solid waste in the Philippines is mostly through open dumps that cause environmental damage and adversely impact on public health;

WHEREAS, the Department of Environment and Natural Resources as the primary government agency in charge of environmental and natural resources management and as Chairman of the Presidential Task Force on Waste Management is tasked with providing appropriate guidelines in all aspects of waste management.

WHEREAS, Republic Act 7160, otherwise known as the Philippine Local Government Code devolved the responsibility for the provision of basic services, such as but not limited to general hygiene and sanitation, beautification and solid waste management to local government units (LGUs);

WHEREAS, the DENR recognizes the value of strengthening its coordination and cooperation with the LGUs in the planning and implementation of solid waste management strategies;

WHEREAS, by virtue of Presidential Decree 1152 (the Philippine Environmental Policy), Presidential Decree 984 (the Pollution Control Law) and Administrative Order no. 90, there is a need to improve the present disposal practices of municipal solid waste to make them environmentally-sound;

NOW, THEREFORE, for and in consideration of the above premises, the Department of Environment and Natural Resources hereby adopts and promulgates the following Guidelines:

<I>SECTION 1.  Title.</I> These guidelines shall be known as “The Technical Guidelines for Municipal Solid Waste Disposal”.

<I>SECTION 2.  Declaration of Policy.</I> It is hereby declared a policy of the DENR to provide direct technical guidance to the LGUs in order to promote their adoption of environmentally-sound, technically-feasible and economically-sustainable solid waste management options, through standards and guidelines that could be consistently applied to different LGUs throughout the country.

<I>SECTION 3.  Scope.</I> These Guidelines shall cover the development of new municipal solid waste disposal sites in the Philippines including a phased schedule for the conversion and upgrading of existing dumpsites into a more sanitary and environmentally acceptable manner.

<I>SECTION 4.  Role of the DENR.</I> To ensure the effective implementation of these Guidelines, the DENR shall:

4.1       supervise and monitor the gradual phase out of existing open dumps nationwide in coordination with the Department of Health, the Department of Interior and Local Government, various local government units and other relevant entities; and,

4.2       provide technical assistance in the planning and implementation of the upgrading of existing open dumpsites to environmentally-sound landfills with regards to its adherence to the herein prescribed engineering and environmental standards.

<I>SECTION 5.  Role of the Local Government Units.</I> The LGUs shall prepare and implement local action plans and formulate local regulations to facilitate and support the closure and upgrading of existing open dumps.

<I>SECTION 6.  Technical Guidelines for Municipal Solid Waste Disposal.</I> The Guidelines including its definition of terms, technical norms, environmental quality requirements and operational performance standards are set out in ANNEX A and shall form an integral part of this Order.

<I>SECTION 7. Timeframe for Implementation.</I> All LGUs are required to fulfill the upgrading plan for existing open dumps as prescribed in ANNEX A in accordance with the following schedule:

7.1       All highly urbanized cities are required to convert/upgrade all their open dumps to controlled dumps within three (3) years from the promulgation of this Order or not later than December 2001; from controlled dumps to sanitary landfill level I no later than December 2008; and, from sanitary landfill level I to sanitary landfill level II by December 2009.

7.2       All independent component, component and first class cities and municipalities are required to convert/upgrade all their existing open dumps to controlled dumps within five (5) years from the promulgation of this Order or no later than December 2003; and from controlled dumps to sanitary landfill level I by December 2009;

7.3       All second class cites and municipalities are required to convert/upgrade their existing open dumps into controlled dumps within seven (7) years from the promulgation of this Order or no later than December 2005.

7.4       All remaining classes of cities and municipalities are required to convert their existing open dumps to controlled dumps no later than December 2009.

While the above timeframe sets out the deadline for the phased improvements of existing open dumps for different classes of LGU’s, all LGUs are encourage to upgrade their existing disposal facilities to sanitary landfill level as soon as technically and financially feasible.

<I>SECTION 8.  Separability Clause.</I> If any section or provision of these guidelines is held or declared unconstitutional or invalid by a competent court, the other sections or provisions hereof shall continue to be in force as if the sections or provisions so annulled or voided have never been incorporated herein.

<I>SECTION 9.  Repealing Clause.</I> All pertinent guidelines, rules and regulations or portions thereof inconsistent with these Guidelines are hereby revised, amended and/or modified accordingly.

<I>SECTION 10.  Amendments.</I> These Guidelines may be amended/and or modified in whole or parts hereof from time to time by the DENR.

<I>SECTION 11.  Effectivity.</I> These Guidelines shall take effect within thirty (30) days after publication in the Official Gazette or in a newspaper of general circulation.

Adopted: 29 June 1998

<CENTER>
(SGD.) VICTOR O. RAMOS
<I>Secretary, DENR
Chairman, Presidential Task Force on Waste Management</I>
</CENTER>

</DIV>