1.     BACKGROUND

The Local Government Units is responsible for the implementation and enforcement of the provisions of R.A. 9003 otherwise known as the Ecological and Solid Waste Management Act of 2000 within their respective jurisdictions.

To implement the said Act, the Department issued DILG Memorandum Circular No. 2001-38 dated April 10, 2001 for the creation of Ecological Solid Waste Management Committee (ESWMC) to oversee the implementation of Ecological Solid Waste Management Program at the barangay level.

With the election of the new set of barangay officials, there is a need to organize or reorganize the BESWMC, and to update them on their duties and functions pursuant to R.A. 9003, and other related policies, laws and issuances.

2.     LEGAL BASES

2.1. Section 389 (b) (9) provides that, for efficient, effective and economical governance, the purpose of which is the general welfare of the Barangay and its inhabitants pursuant to Section 16 of the Local Government Code of 1991, the Punong Barangay shall enforce laws laws and regulations relating to pollution control and protection of the environment.

2.2 Sections 6 and 7 of IRR of R.A. 9003 provide the creation of Barangay Solid Waste Management Committee and its functions and responsibilities.

2.3. Section 10 of R.A No. 9003 stipulates that segregation and collection of solid waste shall be conducted at the barangay level specifically for biodegradable, compostable and reusable wastes.

Management System.

2.5 DILG MC No. 2000-117 dated August 2000 provides the implementation of Zero-waste Management.

2.6 DILG MC No. 2001-38 dated April 10, 2001 provides the creation of the Ecological  Solid  Waste  Management  Committee  (ESWMC)  at  the  barangay level.

2.7 DILG MC No. 2009-168 dated October 27, 2009 provides the strict implementation of Sections 17(H) and 32 of R.A. 9003 known as the Ecological Solid Waste Management Act of 2000.

2.8 DILG MC No. 2011-70 dated May 13, 2011 provides the strict enforcement and implementation of the provisions of R.A. No. 9003 and related Department issuances.

3.     PURPOSE

This Circular is issued to:

3.1 Inform and remind concerned local government officials and members of Barangay Ecological Solid Waste Management Committee (BESWMC) of their functions and responsibilities.

3.2 Harmonize all existing issuances related to BESWMC.

4.    SCOPE/COVERAGE

All City and Municipal Mayors, Punong Barangays, DILG Regional Directors, ARMM Regional Governor, and all others concerned.

5.     POLICY CONTENT

5.1 Issuance of Executive Order

The Punong Barangay shall issue an Executive Order organizing the BESWMC within 60 days upon assumption to office.

5.2 Composition of BESWMC:

Chairperson	:	Punong Barangay
Members	:	One (1) Sangguniang Barangay Member
		SK Chairperson President of Home Owners Association Public/private school principal or representatives One (1) Parents and Teachers Association president or Representative One (1) Religious organization representative One (1) Bus community representative One (1) environmental NGO representative

President of Market Vendors Association and One (1) Representative from junkshop owners ™ association

5.3. Functions and Responsibilities of BESWMC:

5.3.1 Formulate a community solid waste management program consistent with the city/municipality.

5.3.2 Be responsible for the segregation and collection of solid waste specifically for biodegradable, compostable, and reusable wastes.

5.3.3 Establish within the barangay or cluster of barangays a Material Recovery Facility (MRF), a redemption or eco-centers in a barangay- owned or lease land or any suitable open space to be determined by the sangguniang barangay.

5.3.4 Allocate barangay funds for the barangay ecological solid waste management program, approved by the sangguniang barangay.

5.3.5 Organize a Core of Area/Street Coordinators to assist the BESWMC in the implementation of their programs and activities

5.3.6 Conduct trainings for barangay residents on segregation, composting, recycling and livelihood opportunities from use of recyclable waste and to monitor their implementation.

5.3.7  Integrate  the  Ecological  Solid  Waste  Management  Program  in  the Barangay Development Plan (BDP) and/or Annual Investment Program (AIP).

5.3.8 Find alternative sources of funds other than the regular barangay budget.

5.3.9  Submit  a  monthly  report  to  the  C/M  ESWMC  on  the  progress  of  the program, copy furnished city/municipal DILG office.

5.3.10. Implement policies and plans on the following:

5.3.10.1 Education

5.3.10.1.1. Develop and disseminate IEC materials on solid Solid waste management to every household, business establishments, and other institutions in the barangay; 5.3.10.1.2  Conduct  of  community  trainings  and  seminars  on ecological solid waste segregation, composting, reduction of waste for disposal and recycling; and 5.3.10.1.3 Issuance of community policies that will patronize ecologically friendly products and packaging.

5.3.10.2. Engineering

5.3.10.2.1 Provision of support mechanisms for segregated collection; and 5.3.10.2.2 Setting up of redemption or eco-centers (MRF) within the  barangay  for  non-biodegradable  or  recyclable  materials  before selling in bulk to junk shops.

5.3.10.3. Enforcement

5.3.10.3.1 Enact barangay ordinances on the establishment of an awards system and other incentives and sanctions in the barangay; and other rules and regulations to implement the program.

5.3.10.4. Entrepreneurial

5.3.10.4.1 Establish a system of buying and selling of recyclable wastes including compost; 5.3.10.4.2 Promote livelihood activities from waste materials; 5.3.10.4.3 Networking with the private/business establishments within the barangay; and 5.3.10.4.4 Microfinancing for livelihood projects from waste.

5.3.11. A Barangay ESWM Secretariat (from community/or Barangay Development Councils) shall be formed to assist the Committee in the performance of its functions. It shall provide technical and administrative support to the Committee whenever necessary.

5.4. Functions and Responsibilities of Punong Barangay:

5.4.1. Strictly observed the provisions of R.A. 9003 and related Department Issuances.

5.4.2 Establish a Material Recovery Facility (MRF) in the barangay or ina cluster, in a barangay-owned or leased land or in any suitable open space to be determined by the Barangay through its Sanggunian.

5.4.3 Allocate certain parcel of land or to the cluster barangays for the MRF.

5.4.4  Initiate  information  campaigns  through  public  consultations  in  their respective localities.

5.4.5 Implement a Comprehensive Solid Waste Management System, enacted through an Ordinance.

5.4.6 Communicate with the concerned C/M Environment Natural Resources Officer or DENR Regional Office for technical support in the event there is a need to train LGU personnel on comprehensive solid waste management.

5.5. Penalties for Non-Compliance to this Circular

5.5.1 Section 50 of R.A. 9003 states that: œAdministrative Sanctions - Local government officials and officials of the government agencies concerned, who fail to comply with and enforce rules and regulations promulgated relative to this Act shall be charged administratively in accordance with the Ombudsman Law and R.A. 7160 and other existing laws, rules and regulations .

5.5.2 Section 52, Chapter VII of R.A. 9003 mandates that, œfor purposes of enforcing the provisions of this Act or its Implementing Rules and Regulations, any citizen may file an appropriate civil, criminal or administrative action in the proper  courts/bodies  against:  (c)  any  public  officer  who  will  fully  or  grossly neglects the performance of an act specifically enjoined as a duty by this Act or its IRR; or abuses his authority in the performance of his duty or improperly performs his duties under this Act or its IRR: Provided, however, that no suit can be filed until after thirty (30) day notice has been given to the public officer and the  alleged  violator  concerned  and  no  appropriate  action  has  been  taken thereon. 

5.5.3 Paragraph 2 of Section 3, Rule XX of R.A. 9003, states that: œAny citizen may file an action. The action shall be filed with the DILG or the Ombudsman, if related to any LGU, or to any government agency/employee, respectively .

6.     EFFECTIVITY

This Circular shall take effect immediately.

7. APPROVING AUTHORITY

(SGD.) EDUARDO M. A O Officer-in-Charge

8.     FEEDBACK

For related queries, kindly contact the National Barangay Operations Office at Tel No. (02) 925-1137 or at email address capddnboodils@gmail.com