[ MMDA REGULATION NO. 99-004, February 25, 1999 ]

REGULATION GOVERNING PROPER REFUSE MANAGEMENT AT SOURCE IN METRO MANILA AREA AND FOR OTHER PURPOSES



WHEREAS, the refuse/solid waste, in Metropolitan Manila, if not properly segregated, collected and disposed of, can expose and endanger its inhabitants to diseases and public nuisance;

WHEREAS, Republic Act No. 7924 mandates the Metropolitan Manila Development Authority (MMDA) to set policies, coordinate and regulate the implementation of all programs and projects concerning proper and sanitary waste management and disposal in Metropolitan Manila;

WHEREAS, under the same law, the health and sanitation concerns of the MMDA were expanded to include urban protection and pollution control, through the adoption, formulation and implementation of policies, rules and regulations, standards, program and projects to promote and safeguard the health and sanitation of the refuse.

WHEREAS, the Committee on Sanitation and Waste Management of the MMDA Council has consulted the concerned authorities of the Department of Health, Department of Environment and Natural Resources, the Local Government Units, Non-Government Organizations, People's Organizations, the academe, and the public on the viability, effectivity and enforceability of this Regulation in its committee meetings held last January 28, 1999 and February 18, 1999;

WHEREAS, subsequent technical reviews by the authorities of the concerned agencies, LGUs and organizations and the MMDA counterpart were conducted during which clarificatory inputs and suggestions were made in the proposed Regulation;

NOW, THEREFORE, pursuant to Sec. 6 of RA 7924, this Regulation is hereby promulgated and adopted by the Metro Manila Council, that:

SECTION 1. Scope of Application. - The provisions stated hereunder shall be applicable throughout Metropolitan Manila Area and shall be observed by households, firms, corporations, commercial or business establishments, institutions, occupants, owners, tenants, lessees of industrial establishments, refuse collectors, disposal area operators and junk dealers, private scavengers and all other persons generating, accumulating, storing, collecting, transporting, processing, treating, utilizing, and disposing refuse or other waste material in Metro Manila.

SECTION 2. Classification of Refuse/Solid Waste. -

BIODEGRADABLE WASTE is any material that can be reduced into finer particles (degraded or decomposed) by microbiological organisms or enzymes; domestic type of generated waste from kitchen, canteen such as left-over foods, and waste from dietary preparation of menu from kitchen/dietary section; indicating garden refuse from cuttings/loping of grasses, trees, bushes, shrubs, flowers, seeds or similar materials.

NON-BIODEGRADABLE WASTE refers to inorganic solid waste which do not undergo decomposition hence are non-compostable and no-putrescible waste materials such as plastic bags, styrofoam, tetra pack (milk juices), sachet (shampoo, coffee, milk, soap), softdrinks straws, electronic plastics, venetian blind (window), ballpen (all kinds), ceramic ashes, film negatives, and pictures including housekeeping and building waste from sweepings and other debris.

HAZARDOUS WASTE is any waste that is potentially dangerous to the environment and health because of chemical reactivity, toxicity, flammability and explosiveness. Such include sharps, needles, blades, scalpels, nails, saws, glass, dry cell or household batteries, fluorescent bulbs, aerosol, thinners, paints and lacquers, disinfectants and bleaching agents in the form of gas, solid or liquid.

PATHOLOGICAL WASTE is that which includes tissues, organs, body parts, human fetuses from surgical operations, biopsy and autopsy. Also included are animal carcases, blood and body fluids usually coming from patients services.

BULKY WASTE includes broken furniture, appliances, sala sets, mattresses beds, and the like and tree trimmings of weight and size exceeding 1.2 meters in length.

SECTION 3. SANITARY REQUIREMENTS FOR THE SEGREGATION AND STORAGE OF REFUSE/SOLID WASTE. - The following shall be the minimum standards and requirements for sanitary segregation and storage of refuse pending collection.

3.1 There shall be a separate color-coded container for each type of waste in all establishments and dwelling units. Sorting at source shall be required and recycling and composing shall be promoted.

3.2 The refuse container depending on its use shall be properly color coded for on-site collection as "biodegradable waste" (green) or "non-biodegradable waste" (black) or hazardous waste (red). In the absence of color coded bag, the bag used should be tied with the corresponding color for proper identification.

3.3 Standard color coding for discharge and storage of refuse/solid waste.
3.3.1 Black - for storage of non-biodegradable general waste

3.3.2 Green - for storage of biodegradable general waste

3.3.3 Red - for storage of hazardous waste

3.3.4 Yellow - for storage of pathological waste; not for city and municipal regular collection and disposal, but shall be in accordance with the Metro Manila rules and regulations on the collection and disposal of infectious and potentially infectious wastes.
3.4 Refuse/solid waste containers shall be sufficient in number and/or size to store the total volume of refuse produced within the collection period of 2-3 days. It shall be equipped with tight cover and well attached hinged lids to prevent the escape of foul odors and entry of vermin. The maximum weight per bag from residential areas shall be 7.0 kilograms, and from establishments 15 kilograms.

3.5 Other accumulation of refuse/solid waste between collection maybe placed in a container or any size and shape that can be easily lifted and handled without spillage by collector but shall be placed only at the designated collection point and at the designated time.

3.6 Bulky waste, shall be collected separately or scheduled for special collection.

3.7 Tree trimmings may be placed for collection outside of a container provided such trimmings are secured in bundles of convenient weight and size exceeding 1.20 meters in length.

3.8 Ashes shall be placed only in plastic, metal or equivalent containers with covers. Other waste materials shall be placed in sturdy well built containers that will not break, fall apart, rip or tear while being handled by the collector.

3.9 Bulk handling and storage of refuse of any character shall be subject to review by the local health officer as recommended by the sanitary engineer/sanitation inspector. The owner and occupant of any residential, industrial, commercial or business establishment shall make such provisions as the local health officer may require.

3.10 Broken glasses or lamps and other sharps shall be securely enclosed in hard-cardboard with tie to prevent injury of handlers, rip and tear of red bags/containers.

3.11 No burning of waste shall be allowed at source.

3.12 Containers of soiled food, beverage tin cans, bottles and other washable containers shall first be thoroughly washed and dried before placing inside the black-coded trash bags.

3.13 Color coded trash bags should be labeled or tagged with name and address of the institution/owner of the house or establishments.

SECTION 4. SANITARY REQUIREMENTS FOR COLLECTION OF REFUSE/SOLID WASTE.

4.1 All refuse collectors, drivers and those involved in the collection of refuse shall be required to wear proper uniforms, identification card, and shall possess an up-to-date health certificate issued by the local health officer.

4.2 Refuse collectors, drivers and other personnel involved in the collection of refuse shall be required to have annual medical check-up. Health Certificate is non-transferable and shall be renewed at least once a year. Health certificates shall be attached to the upper portion of the refuse collector garment while working.

4.3 Refuse collectors, drivers and other personnel involved in the collection of refuse shall be required to use personal protective paraphernalia.

4.4 The refuse collectors shall be given orientation by the MMDA on the collection of refuse with particular emphasis on refuse storage, color coding scheme, handling, recycling and disposal.

4.5 The refuse collector shall not be allowed to collect refuse that is not sorted or segregated using color-coding and labeling.

4.6 The collector shall empty and return all containers to the designated collection area with care. Paper and other temporary containers shall be collected.

4.7 The collector shall not dent, bend or otherwise damage or alter the condition of a container.

4.8 A container in poor condition shall not be returned unless specifically requested by the owner. The collector shall thereafter inform the owner to repair or replace the container.

4.9 The collector shall not leave behind the spilled contents of any container, or any refuse falling out of the collection vehicle, or any refuse properly placed in the designated collection area. After collection and prior to transport, a deodorizer should be sprayed on the refuse/solid waste collected.

4.10 Any person who observes any violation of these implementing rules and regulations shall report the plate number of the collection vehicle, the date, place and time of the incident to the MMDA or local health office or to the main office of the refuse collection service.

4.11 No scavenging shall be allowed during the collection and storage.

4.12 Waste containers/bags shall be brought outside the property line of residents only during the scheduled/designated time and upon arrival of garbage collectors.

SECTION 5. SANITARY REQUIREMENTS FOR THE TRANSPORTATION OF REFUSE/SOLID WASTE.

5.1 Vehicle Compartments

5.1.1
The vehicle shall be constructed preferably with two compartments, one for biodegradable wastes painted with green color and the other for non-biodegradable wastes painted with black color. In the absence of such type of vehicle, the following options shall be practiced:
   
  a. separate placement of refuse within the collection vehicle, or
     
  b.

separate schedule for collection of refuse.

   
5.1.2
For vehicles with built-in compactor, only the non-biodegradable wastes shall be compacted and the biodegradable wastes hauled in a specially designed compartment.
   
5.1.3 The special types of wastes shall be collected on a separate vehicle with necessary precautions.
   
5.2 Hauling Body
   
5.2.1 Every vehicle used for the transportation of refuse shall have a hauling body constructed of metal, or shall have a metal lining on floor and all side walls.
   
5.2.2 All joints in the hauling body shall be effectively closed and smooth so that no dripping or leakage of draining water or liquid of any debris can occur.
   
5.3 Vehicle Covering
   
5.3.1 Every Vehicle shall be provided with a means of covering the refuse to be hauled and of keeping such refuse securely within the hauling body.
   
5.3.2 The hauling body shall be provided with any of the following:
   
  a. a tight metal hood having adequate openings fitted with smoothly operating loading and unloading doors, or
     
  b.
a heavy tarpaulin or other canvas cover fitted with proper eyes, grommets and tie ropes and hooks whereby the cover can be held securely over the loaded refuse.
   
5.3.3 Vehicle shall not be loaded with refuse/solid waste to a level above the side wall height.
   
5.4 Maintenance and Cleanliness
   
5.4.1 Every vehicle used for refuse/solid waste collection and transport shall be kept well painted, clean and in good condition.
   
5.4.2
Every vehicle used for carrying refuse/solid waste shall be washed and applied with disinfectant/deodorizer as often as may be necessary to prevent persistent odors and in any event be cleaned at least once a week.
   
5.4.3 Every vehicle used for hauling refuse/solid waste shall be cleaned and properly treated before being used for any other purposes.
   
5.4.4. Provision for wash bay area for vehicles shall be approved by the local health officer.
   
5.5 Markings and Logo
   
5.5.1
Every vehicle used for transportation of refuse/solid waste shall carry the name, logo and telephone number or refuse contractor/agency/collecting refuse, the vehicle license plate number and the name of the city or municipality being served. The letters shall not be less than 10 centimeters (4 inches) in height.
   
5.5.2 The lettering and logo shall be painted on the side wall of the hauling body. The color shall be in contrast to the color of the vehicle.
   
5.5.3
If the vehicle has other uses, the lettering and logo shall be placed on a separate durable metal or wood plaque which shall be firmly fixed to the vehicle when used for refuse collection and transportation.
   
5.6 Loading of Refuse/Solid Waste
   
5.6.1 No vehicle shall be loaded with refuse/solid waste in a manner that will permit material to swing off, fall out or jar loose and fall to the ground while in motion.
   
5.6.2
Loose paper, trash and small materials shall be secured against any wind dispersal, jiggling, or jarring which will allow such materials to be blown or to fall out of the vehicle.
   
5.6.3
Whenever vehicles are to be used for the transportation of containers holding garbage, swill, or waste matter, the containers shall also meet the requirements for containers under these implementing rules and regulations.

SECTION 6. SPECIFIC REQUIREMENT FOR BIOMEDICAL WASTE MANAGEMENT. - The waste produced by government and private hospitals, research institutions, medical, dental and veterinary clinics, laboratories, funeral parlors and blood banks shall be regulated by MMA Ordinance No. 16 Series of 1991 as amended by MMDA Regulation No. 98-008.

SECTION 7. ADMINISTRATIVE PROCEDURE AND IMPOSABLE ADMINISTRATIVE FINES. -

7.1 Issuance of Citation Ticket - Violator/s of any provision of this Regulation shall be issued Citation/Violation Ticket by MMDA environmental/sanitation police/enforcers or its deputized representatives, agents, and sanitary enforcers/inspectors informing them the nature of the infraction committed and the corresponding fines to be paid.

7.2 Payments of Fines - If the violator is a corporation, firm, institution or other corporate entities, the president, manager or person responsible for its operation shall be held liable. The Head or owner of mall, condominium, tenement house and household shall be the respondent in any case of violation of this Regulation.

7.3 Imposable Fine:

7.3.1 FIRST OFFENSE - A fine of P1,000.00 or community service of two (2) days and compulsory seminar for one (1) day.
   
7.3.2 SECOND OFFENSE - A fine of P3,000.00 or community service of four (4) days and compulsory seminar for one (1) day.
   
7.3.3 . THIRD OFFENSE - A fine of P5,000.00 or community service of six (6) days and compulsory seminar for one (1) day.

7.4 Compliance to this Regulation shall be prerequisite to the issuance or renewal of business permit for commercial and industrial establishment.

SECTION 8. Collection and Disposition of Fines. -

8.1 The payments of fines for violation of this Regulation shall be at the Treasury Operations Service, MMDA, Guadalupe, Makati City.

8.2 The fines collected in violation of this Regulation shall accrue in favor of the following:

8.2.1 45% to the MMDA as special fund to be expended for the implementation of this Regulation.
   
8.2.2 20% to the Local Government Unit (LGU) where the violation was committed.
   
8.2.3 20% to the Barangay where the violation was committed to be expended for development projects in support of this Regulation.
   
8.2.4 5% to fund the incentive program in support of this Regulation.
   
8.2.5 10% to fund Research and Development Projects related to waste management.
   
8.2.6
The MMDA Chairman may issue rules, implementing guidelines and systems of procedures relative to, but not limited to the issuance of Environmental Citation Ticket (apprehension ticket), payments of fines and others.

SECTION 9. PENAL PROVISION. - Any person who shall violate, disobey, refuse, omit or neglect to comply with any of the provisions of these rules and regulations shall be punished by imprisonment for a period not exceeding six (6) months or the corresponding fine of not exceeding FIVE THOUSAND PESOS (P5,000.00) or both depending upon the discretion of the court.

SECTION 10. CONDUCT OF INFORMATION-DISSEMINATION CAMPAIGN AND ENFORCEMENT. - The MMDA shall enforce the Regulation after the conduct of three (3) month Information-Dissemination Campaign in Metropolitan Manila.

SECTION 11. EFFECTIVITY. - This Regulation shall take effect March 25, 1999.

Adopted: 25 Feb 1999

(SGD.) JEJOMAR C. BINAY
Chairman

(SGD.) BENJAMIN C. ABALOS, JR.
(SGD.) JOSE T. CAPCO, JR.
Member
Member
Mayor City of Mandaluyong

Mayor, Pateros

(SGD.) ELENITA S. BINAY, M.D.
(SGD.) JAIME R. FRESNEDI
Member
Member
Mayor, City of Makati

Mayor, City of Muntinlupa

(SGD.) JOVITO O. CLADIO, JR.
(SGD.) JOEY P. MARQUEZ  
Member
Member
Mayor, Pasay City

Mayor, City of Para aque

(SGD.) VICENTE P. EUSEBIO
(SGD.) BOBBIT L. CARLOS, M.D.   
Member
Member
Mayor, City of Pasig

Mayor, City of Valenzuela

(SGD.) ISMAELA A. MATHAY, JR.
(SGD.) JINGGOY E. ESTRADA
Member
Member
Mayor, Quezon City

Mayor, San Juan

(SGD.) REYNALDO O. MALONZO
(SGD.) RICARDO D. PAPA   
Member
Member
Mayor, Caloocan City

Mayor, Taguig

(SGD.) CIPRIANO C. BAUTISTA
(SGD.) AMADO S. VICENCIO
Member
Member
Mayor, Navotas

Mayor, Malabon

(SGD.) DEL R. DE GUZMAN 
(SGD.) NARCISO C. BERNARDO
Member
Member
President, MM Vice Mayors League
President, MM Councilors League