RA 9003 Solid Waste Management Act Prohibited Acts

RA 9003 Solid Waste Management Act Prohibited Acts and Penalties (Secs. 48 & 49)

Prohibited Acts and corresponding penalties (1) Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros or parks, and establishment, or causing or permitting the same. Fine: P 300 – P 1, 000, or Community service: 1 -15 days in LGU where violation was made, or both.

(2) Undertaking activities or operating, collecting or transporting equipment in violation of sanitation operation and other requirements or permits set forth in established pursuant. Penalty Fine: P 300 – 1, 000, or Imprisonment: 1 -15 days, or both

(3) The open burning of solid waste. Penalty Fine: P 300 – 1, 000, or Imprisonment: 1 -15 days, or both

(4) Causing or permitting the collection of non-segregated or unsorted wastes. Fine: P 1, 000 – P 3, 000, or Imprisonment: 1 -15 days, or both.

(5) Squatting in open dumps and landfills. Penalty Fine: P 1, 000 - 3, 000, or Imprisonment: 15 days – 6 months, or both

(6) Open dumping, burying of biodegradable or non-biodegradable materials in flood prone areas. Penalty Fine: P 1, 000 – 3, 000, or Imprisonment: 15 days – 6 months, or both

(7) Unauthorized removal of recyclable material intended for collection by authorized persons; Penalty Fine: P 1, 000 – 3, 000, or Imprisonment: 15 days – 6 months, or both

(8) The mixing of source-separated recyclable material with other solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal. First Offense: Fine of P 5, 000 + 5 -10% of net income during the previous year

(9) Establishment or operation of open dumps as enjoined in this Act, or closure of said dumps in violation of Sec. 37. Penalty First Offense: Fine of P 500, 000 + 5 -10% of net income during the previous year; Subsequent Violations: Imprisonment of 1 -3 yrs. In addition to the fine.

(10) The manufacture, distribution or use of non-environmentally acceptable packaging materials Penalty First Offense: Fine of P 500, 000 + 5 -10% of net income during the previous year; Subsequent Violations: Imprisonment of 1 -3 yrs. In addition to the fine.

(11) Importation of consumer products packaged in non-environmentally acceptable materials. Penalty First Offense: Fine of P 500, 000 + 5 -10% of net income during the previous year

(12) Importation of toxic wastes misrepresented as "recyclable" or "with recyclable content" Penalty Fine: P 10, 000 – 200, 000, or Imprisonment: 30 days – 3 years, or both

(13) Transport and dumping in bulk of collected domestic, industrial, commercial, and institutional wastes in areas other than centers or facilities prescribe under this Act. Penalty Fine: P 10, 000 – P 200, 000, or Imprisonment: 30 days – 3 years, or both

(14) Site preparation, construction, expansion or operation of waste management facilities without an Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and this Act and not conforming with the land use plan of the LGU Penalty Fine: P 100, 000 – P 1 M, or Imprisonment: 1 -6 years, or both

(15) The construction of any establishment within two hundred (200) meters from open dumps or controlled dumps, or sanitary landfill. Penalty Fine: P 100, 000 – P 1 M, or Imprisonment: 1 -6 years, or both

(16) The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir, or watershed area and or any portions thereof Penalty Fine: P 100, 000 – P 1 M, or Imprisonment: 1 -6 years, or both

What kind of case may be filed? The following cases or actions may be filed: 1. Civil 2. Criminal 3. Administrative

Citizen Suit Any citizen may file civil, criminal or administrative action against: 1. Any person who violates or fails to comply with RA 9003 and its IRR. 2. DENR or other implementing agencies for orders, rules and regulations inconsistent with RA 9003. 3. Public officer who willfully or grossly neglects performance of duty, abuses his authority, and in any manner, improperly performs his duties under RA 9003 and its IRR

What does RA 9003 require before a case or suit can be filed? RA 9003 provides that no case or suit can be filed until after a public officer or alleged violator has been given a 30 -day notice during which no appropriate action has been taken by the alleged offender.

Is conviction required before the fine and/or penalty can be imposed on someone who committed a prohibited act under RA 9003? shall be imposed upon conviction. The requirement of conviction means that a case has to be filed in court against a person who commits a prohibited act and judgment has to be rendered by the court finding the person guilty of committing the prohibited act.

I f the prohibited act is committed by a corporation , partnership, or other juridical entity duly organized in accordance with law, who shall be liable for the offense committed? The chief executive officer, president, general manager, managing partner or such other officer-in-charge shall be liable.

What additional penalty will be imposed if the offender is an alien? If the offender is an alien, he or she shall be deported without further administrative proceedings after serving his/her sentence.

Are the fines prescribed in RA 9003 fixed amounts? No. The fines prescribed under RA 9003 shall be increased by at least 10 percent every three years to compensate for inflation and to maintain the deterrent function of such fines.

SLAPP (Strategic Lawsuit Against Public Participation) Refers to cases filed against those who file citizen suit by any person, institution or other implementing agency. TEST: Whether or not said legal action is to harass, vex, exert undue pressure or stifle legal resources. 30 days for investigating prosecutor to determine If SLAPP, case dismissed with attorney’s fees and double damages.

END Resources: http: //sdsap. org/data/RA 9003. pdf http: //ecogovproject. denr. gov. ph/Downloads/Publications/Handbook_on_RA_9003. pdf