IRR of Chapter XVIII of P.D. No. 856 (April 15, 1998)

(NAR) VOL. 9 NO. 2 / APRIL - JUNE 1998 [ DOH, April 15, 1998 ] IMPLEMENTING RULES AND REGULATIONS OF CHAPTER XVIII — "REFUSE DISPOSAL" OF THE CODE ON SANITATION OF THE PHILIPPINES (P.D. 856) To carry out the provisions of Chapter XVII — "Refuse Disposal" of the Code on Sanitation of the Philippines (P.D. 856), these rules and regulations are hereby formulated for implementation and strict compliance of all concerned. SECTION 1. SCOPE — These implementing rules and regulations shall apply to all occupants, owners, tenants, lessees of buildings and dwelling houses, owners or operators of industrial, commercial and business establishments, local government units, other government agencies or government-owned or controlled corporations, private firms or corporations, institutions, refuse collectors, disposal area operators, junk dealers, scavengers and all other persons and entities generating, accumulating, storing, collecting, transporting, processing, treating, utilizing and disposing refuse or other waste matter. SECTION 2. DEFINITION OF TERMS — As used in these rules and regulations, the following terms shall mean: 2.1 AGRICULTURAL WASTE — waste generated from planting or harvesting of crops, trimming or prawning of plants and wastes or run off materials from farms or fields. 2.2 ASHES — the residue from the burning of wood, coal, or other solid combustible materials. 2.3 BIODEGRADABLE WASTE — any material that can be reduced into finer particles (degraded or decomposed) by micro-biological organisms or enzymes. 2.4 CHEMICAL WASTE — comprises of discarded solid, liquid and gaseous chemicals. Chemical waste may be hazardous or non-hazardous. It is considered to be hazardous when it is toxic, corrosive (acids of pH <2 and bases of pH>12), flammable, reactive (explosive, water reactive, shock sensitive), or genotoxic (carcinogenic, mutagenic, teratogenic or otherwise capable of altering genetic material). It is considered non-hazardous if it consists of chemicals other than those described above. 2.5 COMMERCIAL REFUSE — refuse resulting from the use or occupation of any commercial or business establishments or premises where any business of work is carried out, other than a manufacturing process.2.6 COMPOSTING — a process of biological degradation under controlled conditions; the processing of biodegradable waste such as food waste, garden waste, animal waste, human waste into soil conditioner/enhancer or humus by mixing them with soil, water, biological additives or activators and air. 2.6.1 AEROBIC COMPOSTING — decomposition of organic matter in the presence of oxygen with a range temperature beyond 60ºC for a certain length of time. 2.6.2 ANAEROBIC COMPOSTING — decomposition of organic matter in the absence of oxygen. 2.7 CONTAMINATION — the presence of pathogenic organisms, suspended air emissions, heavy metals, chemicals and other pollutants in an inanimate article or substance. 2.8 DEPARTMENT — the Department of Health. 2.9 DISPOSAL AREA — any site, location, tract of land, or structure used or intended to be used for refuse disposal. 2.10 DOMESTIC REFUSE — refuse from households, as distinguished from industrial, commercial and institutional waste. 2.11 ECOLOGICAL WASTE MANAGEMENT — a method of handling wastes that facilitates their sanitary retrieval, reuse or recycling without degrading the environment nor polluting air, water and soil. 2.12 GARBAGE — refers to the wastes or rejected food constituents which have been produced during the preparation, cooking or storage of meat, fruit, vegetables, and other food materials. 2.13 GARDEN REFUSE — waste from cutting or loping of grasses, trees, bushes, shrubs, flowers, seeds, or other similar materials. 2.14 GENERAL WASTE — domestic type of waste and other waste materials or substances that do not require special handling. 2.15 HAZARDOUS WASTE — any waste that is potentially dangerous to environment and health because of chemical reactivity, flammability, and explosiveness. 2.16 HEALTH CARE FACILITY — includes hospitals, clinics, laboratories, research institutions and other similar establishments. 2.17 HEALTH CERTIFICATE — a certification in writing issued by the city or municipal health officer using the prescribed form to a person after passing the required physical and medical examinations and having been administered the required immunizations. 2.18 INCINERATION — the controlled process by which combustible wastes areburned and changed into gases and residues that contain little or no combustible materials. 2.19 INDUSTRIAL REFUSE — solid wastes resulting from industrial processes and manufacturing operations, such as food processing wastes, boiler house cinders, wood, plastic, and metal scraps and shavings and other similar wastes. 2.20 INFECTIOUS WASTE — includes cultures and stocks of infectious agents from laboratory work, waste from surgery and autopsies of patients with infectious diseases, waste from infected patients in isolation wards, waste from potentially infectious cases, waste that has been in contact with infected patients undergoing haemodialysis and waste that has been in contact with animals inoculated with an infectious agent or suffering from an infectious disease. 2.21 JUNK DEALER — any person, firm, agency, or entity engaged in the collection, transportation, sorting, segregation, storing, exchange or sale of waste matter or rubbish, or of any old, used or secondhand materials of any kind, including cloth, rags, paper, bottle, rubber, iron, brass, copper, or other metal, furniture, used motor vehicle or parts thereof, or of any other article which from its worn condition renders it practically useless for the purpose for which it was made and which is commonly classified as junk. 2.22 LOCAL HEALTH AUTHORITY — an official or employee responsible for the application, of a prescribed health measure in a local political subdivision. For a province; the local health authority is the governor and for a city or municipality, the local health authority is the mayor. 2.23. LOCAL HEALTH OFFICER — the provincial, city or municipal health officer. 2.24 NIGHT SOIL — any refuse material composed wholly or partly of human excrement and shall include the extracted contents from privies, privy vaults, latrines, septic tanks, cesspools, sanitary sewage grit chambers, screens or racks, grease traps, raw sewage sludge, and other such materials retaining the characteristics of human excrement, provided that properly digested and dried sewage sludge from public sewage treatment plant shall not be included. 2.25 NON-BIODEGRADABLE WASTE — refers to non-compostable/non- putrescible waste. 2.26 OFFAL — the by-products, organs, glands and tissues other than meat of the food animal which may or may not be edible. 2.27 OPEN DUMPSITE — a site used for the disposal of refuse where waste is exposed in the open. 2.28 OPERATING PERMIT — the permission or certification in writing issued by the regional health office that the refuse collection and disposal system complies with the existing sanitation requirements upon evaluation and inspection. 2.29 PATHOLOGICAL WASTE — includes tissues, organs, or body parts fromsurgical operations, biopsy and autopsy, remains, aborted fetuses and animal carcasses, and blood and body fluids. 2.30 PHARMACEUTICAL WASTE — includes spoiled, spilled, banned, expired, contaminated or used pharmaceutical products, drugs and chemicals that are to be discarded because they are no longer necessary. 2.31 PRESSURIZED CAN OR CONTAINER — includes innocuous or inert gas and aerosol can or container that may explode when incinerated or accidentally punctured. 2.32 RADIOACTIVE WASTE — waste contaminated with radioactivity generated from hospital nuclear medicine section, research institution, nuclear plant, radioactive implant, diagnostic and, therapeutic procedures and the paraphernalia used. 2.33 RECYCLABLE WASTE — any waste material that can be retrieved and re- used as feeds, factory returnables, fuel, fermentables, fine crafts or filling materials. 2.34 REFUSE OR SOLID WASTE — all organic and inorganic non-liquid, and non- gaseous portions of the total waste mass. It consists of all putrescible and nonputrescible solid materials except for body waste. 2.35 REFUSE OR SOLID WASTE DISPOSAL — complete final discarding of waste materials that cannot be reused and recycled. 2.36 REFUSE OR SOLID WASTE MANAGEMENT — an integrated system, approach or process on the generation, segregation storage, collection, transport, processing, recycling, recovery and final disposal/containment of solid waste. 2.37 REGIONAL DIRECTOR — an official who heads a regional health office of the Department of Health. 2.38 RESOURCE RECOVERY — the extraction of materials or energy from wastes. 2.39 RUBBISH — refers to the non-putrescible solid waste constituents and includes such items as papers, tin cans, glass, wood, bottles, broken glass, cardboard, plastics, yard cuttings; discarded porcelain wares, pieces of metals and other wrapping materials. 2.40 SANITARY ENGINEER — a person duly registered with the Board of Examiners for Sanitary Engineers (Republic Act 1364) and who heads or works with the sanitation division/section/unit of the provincial/city/municipal health office or rural health unit or employed with the Department of Health or its regional field health offices. 2.41 SANITARY LANDFILL — a land disposal site employing an engineered method of disposing solid wastes on land in a manner that minimizes environmental hazards by spreading the solid wastes in thin layers, compacting the solid wastes to the smallest practical volume, and applying cover material at the end of eachoperating day. 2.42 SANITARY PERMIT — the permission or certification in writing issued by the city or municipal health officer or sanitary engineer that the establishment complies with the existing minimum sanitation requirements upon evaluation or inspection conducted in accordance with Presidential Decree Nos. 522 and 856 and local ordinances. 2.43 SANITATION INSPECTOR — a government officer employed by the national, provincial, city or municipal government, who enforces sanitary rules, laws and regulations and implements environmental sanitation activities under the supervision of the provincial/city/municipal health officer/sanitary engineer. 2.44 SCAVENGER — a person engaged in the business of collection, recovery and transportation of recyclable refuse by specific hire or contract with another individual, firm, corporation, public agency or institution and does not include public agency responsible by law for the collection of refuse in a given jurisdiction. 2.45 SECRETARY — the Secretary of Health. 2.46 SHARPS — include needles, syringes, scalpels, saws, blades, broken glass, nails and any offer items that can cause a cut or puncture. 2.47 SWILL — includes that particular garbage which is wholly or nearly so, edible and usable as a food and having food value for animals or fowls, accumulating from animal, vegetable or other matter wasted from households or food establishments. 2.48 VERMIN — a group of insects such as flies, mosquitoes, cockroaches, lice, ticks, and bedbugs, or small animals such as mice and rats that are vectors of diseases. 2.49 VERMIN ABATEMENT PROGRAM — a series of preventive and control procedures and activities for vermin control. SECTION 3. GENERAL REQUIREMENTS 3.1 Operating Permit Requirements 3.1.1 Person, corporation, local government unit, public agency, or institution owning, managing, or operating the following shall first secure an operating permit from the regional health office concerned prior to their operation: a. Refuse collection service b. Refuse disposal area and facilities 3.1.2 The following requirements shall be submitted by the proponent before the issuance of an operating permit: a. Letter of application,b. Project description, c. Locational plan, and d. Technical specifications/descriptions of facilities/equipment 3.1.3 The regional health office through the sanitary engineer shall conduct evaluation and site validation before the issuance of the operating permit. 3.1.4 The operating permit shall be suspended or revoked by the regional director upon violation of the provisions of these implementing rules and regulations. 3.1.5 The following shall be exempted from the operating permit requirement but shall be required to register the service with the local health office and to comply to all sanitary requirements for collection, transportation and/or disposal of refuse. a. Industrial or commercial or business establishment operating its own collection service entirely for the benefit of such establishment and disposing of refuse at a public disposal area. b. Owner of farms collecting and disposing refuse on his premises or disposing them at a public refuse disposal area. c. Owner or occupant of dwelling units who feeds his table scraps, swill or garbage to animals or fowls owned by him on his premises, or for collecting and transporting refuse from such premises in a vehicle owned and operated by him to a public disposal area. d. Junk dealers and scavengers. e. Person who operates a feeding platform for feeding garbage or swill to swine. f. All domestic garbage grinder installation and operation. 3.2 Sanitary Permit Requirements 3.2.1 No person, firm, corporation, local government unit, public agency or institution shall operate or manage a refuse collection service, refuse disposal area and facilities, swill collection, junk dealership, private scavenging or a swine feeding platform without a sanitary permit issued by the local health officer. 3.2.2 Any extension or additional construction or alteration in an establishment shall require a new sanitary permit before it could be operated. 3.2.3 Application for or renewal of the sanitary permit. a. The application for or renewal of the sanitary permit shall be filed with the city or municipal health office having jurisdiction over the establishment. b. The sanitary permit shall be issued upon compliance to at least a satisfactory rating utilizing the form for sanitary inspection of public places establishment (EHSForm No. 103-B). c. Fees shall be paid to the local government unit upon application, renewal and noting of sanitary permit. The amount of fees shall be set through city or municipal ordinance. 3.2.4 Noting of permit. If there is a change in ownership of the establishment, the new owner shall apply to the city/municipal health office within fourteen (14) working days to have such change noted in the records and permit certificate and shall pay the corresponding fee for such noting. 3.2.5 Validity. The sanitary permit shall be valid on the day of issuance until the last day of December of the same year, and shall be renewed every beginning of the year, thereafter. Upon the recommendation of the local health officer to the local health authority, the sanitary permit shall be suspended or revoked for violation of any sanitary rules and regulations. 3.2.6 Posting of Permit. The sanitary permit shall be posted in a conspicuous place of the establishment for public information and shall be available for inspection by authorized health and other regulatory personnel. 3.2.7 Record of sanitary permit. a. Every city or municipality shall keep a record of all establishments that have been issued sanitary permit and renewal thereof. b. The record shall be in every case show the following: i. Name and address of the holder of the sanitary permit; ii. The location of the establishment; iii. The nature and kind of business for which the permit has been issued; iv. The date the first permit was issued and the dates of any renewal thereof; v. Every change of the management of the establishment since the first permit was issued, vi. Sanitary conditions under which the permit was issued or any renewal thereof granted; and vii. The revocation of the permit. c. The record shall be available at all reasonable times for inspection by any authorized officer of the Department of Health or local government unit. SECTION 4. 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.4.1 There shall be a separate container for each type of waste in all establishments and dwelling units. 4.2 The refuse container depending on its use shall be properly marked for on-site collection as "biodegradable waste" or "non-biodegradable waste" or "infectious waste" or "chemical waste" or "radioactive waste" or "sharps" in bold letters with the height of 5 centimeters in size, or in any case, refuse container shall be painted with a particular color identifying the waste or lined with color-coded plastic bags. 4.3 Standard color coding for refuse storage: 4.3.1 Black — for storage of non-biodegradable general waste. 4.3.2 Green — for storage of biodegradable general waste. 4.3.3 Yellow — for storage of infectious and pathological waste. 4.3.4 Orange — for storage of radioactive waste. 4.3.5 Red — for storage of sharps and pressurized containers (or punctured-proof containers for sharps). 4.3.6 Yellow with black band — for storage of chemical waste. 4.4 Refuse/solid waste container 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 light closing and well attached hinged lids to prevent the escape of foul odors and entry of vermin. Container with capacity of more than 38 kilograms (10 gallons) shall be equipped with handles or designed with rollers. It shall be made of non-corrosive lightweight materials and leak proof. 4.5 Other accumulation of refuse/solid waste between the collection may be placed in a container of any size and shape that can be easily lifted and handled without spillage by the collector but shall be placed only at the designated collection point. 4.6 Collection of extraordinary accumulation or bulk of refuse/solid waste shall be placed in appropriate containers acceptable to the collector and the local health officer. 4.7 Tree trimmings may be placed for collection outside of a container provided such trimmings are secured in bundles of convenient size and weight and do not exceed 1.20 meters in length. 4.8 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. 4.9 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 wind occupant of any residential, industrial, commercial orbusiness establishment shall make such provisions as the local health officer may require. SECTION 5. SANITARY REQUIREMENTS FOR COLLECTION OF REFUSE/SOLID WASTE — The following shall be the minimum standards and requirements for the sanitary collection of refuse. 5.1 Operating Permit 5.1.1 No refuse/solid waste collection service shall be allowed without an operating permit issued by the regional health office. 5.2 Sanitary Permit 5.2.1 No refuse/solid waste collection service shall operate without a sanitary permit issued by the local health office. Sanitary permit application and renewal shall be in accordance with subsection 3.2 of these implementing rules and regulations. 5.3 Personnel 5.3.1 All refuse collectors, drivers and those in the collection of refuse shall possess an up-to-date health certificate issued by the local health officer. 5.3.2 Health certificates are non-transferable and shall be renewed at least once a year. Health certificate shall be attached to the upper portion of the refuse collector's garment while working. 5.3.3 Refuse collectors, drivers and other personnel involved in the collection of refuse shall be provided with and required to use personal protective equipment. 5.3.4 The refuse collectors shall be given orientation by the local health office on the collection of refuse with particular emphasis on refuse storage, color-coding scheme, handling, recycling and disposal. 5.3.5 The refuse collectors shall not be allowed to collect refuse that is not sorted or segregated (either by color-coding or labeling). 5.4 Operation 5.4.1 The collector shall empty and return all containers to the designated collection area with care. 5.4.2 Paper and other temporary containers may be placed in collection vehicle unemptied unless the occupant or owner requested the return of the container. 5.4.3 The collectors shall not dent, bend, or otherwise damage, or alter the condition of a container. 5.4.4 A container in poor condition shall not be returned unless specifically requested by the owner. The collector shall thereafter inform the owner to repair orreplace the container. 5.4.5 The collector shall not leave behind the spilled contents of any container, or any refuse failing out of the collection vehicle, or any refuse properly placed in the designated collection area. 5.4.6 Any person who shall observe any violation of these implementing rules and regulations shall report the plate number of the collection vehicle, the date and time of the incident to the local health office or to the main office of the refuse collection service. SECTION 6. SANITARY REQUIREMENTS FOR THE TRANSPORTATION OF REFUSE/SOLID WASTE — The following shall be the minimum standards and requirements for the sanitary transportation of refuse. 6.1 Approval 6.1.1 Every vehicle used for the transportation of refuse shall be approved by the local health officer as recommended by the sanitary engineer/sanitation inspector. 6.1.2 The vehicle shall be owned by, and/or operated under the supervision of the person who is the holder of the sanitary permit to transport refuse. 6.2 Vehicle Compartments 6.2.1 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. 6.2.2 For vehicles with built-in compactor, only the non-biodegradable wastes shall be compacted and the biodegradable wastes hauled in a specially designed compartment. 6.2.3 The special types of waste shall be collected on a separate vehicle with necessary precautions. 6.3 Hauling Body 6.3.1 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. 6.3.2 All joints in the hauling body shall be effectively closed and smooth so that no drippage or leakage of draining water or liquid or any debris can occur. 6.4 Vehicle Covering6.4.1 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. 6.4.2 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. 6.4.3 Vehicle without permanent cover shall not be loaded with refuse/solid waste to a level above the side wall height. 6.5 Maintenance and Cleanliness 6.5.1 Every vehicle used for refuse/solid waste collection and transport shall be kept well painted, clean and in good condition. 6.5.2 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 shall be cleaned at least once a week. 6.5.3 Every vehicle used for hauling refuse/solid waste shall be cleaned and properly disinfected before being used for any other purpose. 6.5.4 Provision for wash bay area for vehicles shall be approved by the local health officer. 6.6 Markings and Logo 6.6.1 Every vehicle used for transporting of refuse/solid waste shall carry the name, logo and telephone number of refuse contractor/agency collecting refuse. The letters shall not be less than 10 centimeters (4 inches) in height. 6.6.2 The lettering and logo shall be painted on the sidewall of the hauling body. The color shall be in contrast to the color of the vehicle. 6.6.3 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. 6.7 Loading of Refuse/Solid Waste 6.7.1 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. 6.7.2 Loose paper, trash and small materials shall be secured against any wind dispersal, jiggling, or jarring which will allow such material to be blown or to fall out of the vehicle.6.7.3 Whenever vehicles are to be used for the transportation of containers holding garbage, swill, or waste matter, the containers so carried shall meet the requirements for containers under these implementing rules and regulations. SECTION 7. SANITARY REQUIREMENTS FOR DISPOSAL AREAS AND FACILITIES AND OTHER WASTE PROCESSING TECHNOLOGIES — The following shall be the minimum standards and requirements for the sanitary disposal areas and facilities and other waste processing technologies. 7.1 Sanitary Landfill 7.1.1 Operating Permit a. No disposal area shall be allowed without an operating permit issued by the regional health office concerned. The approval of the disposal area shall be in accordance with other existing national laws and regulations. 7.1.2 Sanitary Permit a. No disposal area shall operate without a sanitary permit issued by the local health office. Sanitary permit application and renewal shall be in accordance with sub- section 3.2 of these implementing rules and regulations. 7.1.3 Capacity of Disposal Area a. The entire disposal area shall be adequate to hold all refuse accepted for the entire period of time during which it is propose to operate. b. The estimates of capacity shall be supported with competent engineering data. 7.1.4 Dwellings and Habitation a. There shall be no dwelling unit closer than 200 meters to any portion of the premises designated as a landfill area. b. No person shall be permitted to occupy the premises designated as a disposal area for living or sleeping purposes, except for the authorized personnel or guards. Authorized personnel shall only use the place for resting purposes while working or guarding the area. 7.1.5 Drainage a. The disposal area shall be free of standing water as much as feasible and practicable. b. No plan for a new disposal area shall be approved where the area is subject to flooding. c. The area shall be provided with sufficient natural or artificial drainage to keep the disposal area free of standing water.d. Drainage from refuse/solid waste disposal shall be handled as sewage and shall be disposed in accordance with the provisions of Chapter XVII- "Sewage Collection and Disposal, Excreta Disposal and Drainage" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations. 7.1.6 Accessibility a. The disposal area shall be accessible at all times over a hard surfaced roadway. b. The access road shall be kept free from all hazards to vehicles vehicle tires by the landfill operator. c. All access roads shall be maintained, paved and kept clean by the landfill operator. 7.1.7 Fire Protection a. The property shall be provided with adequate facilities and equipment for controlling and extinguishing fires. b. Where no fire water service is available from a public water system, the premises shall be provided with water supply of not less than 32 liters per second at 2.82 kilograms per square centimeter (500 gallons per minute at a pressure of 40 pounds per square inch). c. In addition, one mobile foam type extinguisher or fire truck of a design and capacity approved by the local fire department shall likewise be provided. 7.1.8 Covering of Refuse/Solid Waste a. All refuse/solid wastes shall be covered with fill of earth or other material acceptable to the local health officer within 24 hours upon arrival at the disposal area. b. The thickness and soil type of cover shall be determined by the sanitary engineer on the basis of the character of fill material, but in no event shall the depth of cover be less than 15 centimeters (6 inches) soil cover free of cracks and extrusion of refuse. c. Cover materials shall be so placed that settling by weather, rain compaction, or decomposition will not open up cracks or allow extrusions of refuse within six (6) months' time. 7.1.9 Equipment a. The disposal area shall have all required or necessary equipment comprised of bulldozer, or clam, or bull clam, and compactor, or equivalent equipment in sufficient capacity and of such operating quality that the fill can be covered according to schedules required. b. All such equipment shall be kept serviceable.7.1.10 Recording a. The character and volume of refuse materials to be accepted in the public disposal area shall be listed and posted at the premises entrance or in the premises office which shall be adjacent to the entrance. b. The permit holder shall furnish copy of the list to the local health office and the public service office or any other office having jurisdiction over the disposal area. c. The person in charge permanently stationed at the disposal area shall keep a record of the source of material and the estimated volume, or tonnage disposed of every month in such form as may be required by the local health officer or the public/general services department. d. The record shall divide materials received into sources such as private, individuals, industrial establishments, agricultural, processing plants and local refuse collection service. e. The record shall be available for inspection by authorized personnel of the Department of Health, the local government unit, or other government regulatory offices. 7.1.11 Vermin Control a. A vermin abatement program shall be maintained at all times in the disposal area by the operator. b. All non-biodegradable waste materials when used as filling materials shall be compacted to prevent harborage of vermin. c. No biodegradable waste shall be used as filling material. 7.2 Garbage Grinder 7.2.1 Domestic garbage grinder shall only be permitted whenever a sewerage system or street sewer is 20 centimeters (8 inches) or larger in diameter and it shall be proportionate to the designed capacity. 7.2.2 Whenever a garbage grinder is used, the following design for sewerage system shall be followed: a. The requirements for sludge capacity in the septic tank or digester shall be increased at the rate of 0.23 kilogram (0.50 pound) dry solids per capita per day; b. The allowance for flow capacity shall be increased by 2%; c. The allowance for any filter treatment shall recognize a 25% increase in Biochemical Oxygen Demand (B.O.D.) loading. 7.2.3 Waste generated by the garbage grinder which has not been thoroughly macerated and pulverized to a size passing a number 16 (1/16 inch) wire meshscreen shall not be permitted in a house drainage system. 7.3 Recycling — Refuse shall be segregated or sorted for re-use or recycling purposes according to the following: 7.3.1 Factory Returnable. All non-biodegradable, non-compostable wastes such as tin cans, metals, bottles, glass including broken pieces, plastic, styrofoam, rubber, dry paper, dry cardboard, dry cloth, fibers, leather, feather, hard shells, hard bones, and others shall be segregated in separate containers, and may be collected and returned to the factory. 7.3.2 Feed Materials. All food wastes, peelings, vegietrims, fish entrails, fowl innards, spoiled fruits, leftovers, egg shells, rice/fish/meat washings, and others shall be collected and, kept in covered containers and may be used, as animal feed. 7.3.3 Fermentables/Fruit Crop Peeling. Fruit peelings, spoiled or over-ripe fruits, juices and others may be processed into vinegar, wine, "nata de coco", nata de piña, or other similar fruit products. 7.3.4 Fertilizer Materials. — All compostables or biodegradable materials such as garden waste (leaves, twigs, weeds), animal waste (manure, carcasses), human waste (feces, urine, blood, all excreta, soiled wipes, pads, diapers excluding plastic cover) may be processed into compost for organic gardening. 7.3.5 Filling Materials. Materials that can be compacted, mixed with rice chaff, and binders may be used for appropriate construction project. Little bits and pieces of plastic bags, synthetic fibers, hair, and other materials of similar nature may be used for stuffing toys, furniture, pillows, and others. 7.3.6 Fine Crafts. Many of the non-biodegradable wastes may be used as materials for handicrafts, cottage industries, art works, toys, and other livelihood projects such as paper mache, paper basketry, tin craft, metal craft, plastic twine, or rope braids, craft, feather craft, woodcraft or glass craft. 7.3.7 Food Materials. Certain kinds of seeds, pulp, and peelings may be made into pickles, sweets or candies, or snacks. 7.3.8 Fuel Materials. Sawdust, wood shavings, rice hull, chaff, husks, shells, cobs, paper, cardboard, fibers, and others may be used as fuel materials. 7.4 Burying 7.4.1 Burying of refuse/solid waste shall be only for temporary control such as in households and camps. 7.4.2 Only biodegradable solid wastes shall be allowed to be buried. 7.4.3 Burying may be practiced within the premises, provided the refuse deposited in the pit shall not be less than 1 meter deep covered with soil to prevent the possible excavation of refuse by dogs, cats and other pet animals. Refuse/solid waste shall not be buried in a flood prone area.7.4.4 The local health officer shall prohibit burying of refuse/solid waste if this is found to be a nuisance. 7.5 Feeding to Animals 7.5.1 Hog feeding of leftover food shall only be allowed provided it is thoroughly cooked. 7.5.2 No leftover food shall be shipped or transferred from one town to another for hog feeding unless first cooked at 100ºC for 30 minutes. 7.6 Composting — Compost or decaying organic matter/material may be used as a soil conditioner, or when reinforced, as fertilizer. 7.7 Open Dumping — Open dumps shall be prohibited. In the event that open dumping disposal method is existing, strict supervision by the local health authority shall be observed until after the disposal method is converted to an approved method. 7.8 Pumping Into Bodies of Water — Dumping of refuse/solid waste into streams, rivers, lakes, esteros and other bodies of water shall be prohibited. 7.9 Open Burning — The outdoor burning of waste and the burning of open waste dumps shall be prohibited. 7.10 Other Waste Processing and Disposal Technologies 7.10.1 Other types or methods of solid waste processing and disposal such as incineration technology, microwave technology, autoclave technology and others shall be subject to compliance with pertinent laws, and the rules, regulations and standards set by appropriate government agencies. 7.10.2 No waste processing and disposal technologies mentioned above (sub-section 7.10.1) shall be allowed without an operating permit issued by the regional health office. 7.10.3 Sanitary permit application and renewal shall be in accordance with subsection 3.2 of these implementing rules and regulations. SECTION 8. SANITARY REQUIREMENTS FOR RECOVERED MATERIALS — The following shall be the minimum standards and requirements for the sanitary recovery of materials. 8.1 General Requirements 8.1.1 Sorting, picking, recovering, or retrieving of refuse/solid waste shall be permitted only under strict supervision of the local health office. 8.1.2 Recovered or retrieved bottles or other articles of glass shall be cleaned and disinfected in a manner prescribed by the local health officer.8.1.3 All clothes, rags, beddings, upholstered furniture or any textile of cotton, kapok, wool, plastic, foam or other similar material shall be retrieved only when sensitizing equipment to treat such articles is provided. Such materials shall be sanitized prior to reuse or recycling. 8.1.4 The permit holder shall keep an accurate record by weight, volume, or numerical count, as appropriate, of the articles recovered and the disposition of all these articles. Such record shall be available for inspection by authorized personnel of the local government unit. 8.2 Junk Dealers and Scavengers 8.2.1 Sanitary Permit a. No person or entity desiring to engage in the recycling and collection and/or disposal of junk, old, used or second hand material of any kind including rags, clothing, paper, rubbish, bottles, rubber, plastic iron, brass, copper or other metal, furniture; motor parts, or any other article whose condition renders it particularly useless so as to be classified as junk, shall operate without a sanitary permit issued by the local health officer. b. Application and renewal of sanitary permit shall be in accordance with sub- section 3.2 of these implementing rules and regulations. c. Sanitary permit shall be issued only for the collection of any waste food, damaged food, or condemned or retained food products by junk dealers if it will be used for composting purpose or other approved disposal method, provided the storage (temperature control) shall be in accordance with these implementing rules and regulations. 8.2.2 Personnel a. Requirements as to health certificate of junk dealers, scavengers and other workers shall be in accordance with sub-section 5.3 of these implementing rules and regulations. 8.2.3 Other Requirements a. Junk dealers shall have premises and shelter approved by the local health office. b. All clothing, rags, textiles of cotton, hair, felt, leather, rubber, kapok, or woolen or other similar materials shall be kept in a clean dry place, free from mildew, fungal growth and other damaging elements. c. All materials kept or stored on or in the premises shall be piled, stacked, placed in bins, lockers, or containers in such manner that no portion of the premises can be or is likely to be a harborage or place of vermin infestation. d. Aisle of not less than 1.20 meters in width shall be provided and maintained clear and unobstructed so that the entire premises can be inspected.e. If the establishment is not entirely enclosed in a building, the exterior premises shall be enclosed by a tight fence of wood or other material approved by local building official. Tight shall mean that no article within the premises may pass surreptitiously or otherwise through the fence. f. All secondhand glassware, bottles, or any other container which is intended to be used for holding food and drinks shall be cleaned and disinfected when such material is brought to the premises, or before such material is mixed with clean articles on the premises. i. Cleaning and disinfecting shall be in accordance, with the standard provisions of Chapter III- "Food Establishments" of the Code on Sanitation of the Philippines and its implementing rules and regulations. ii.Storage of all clean articles shall be in such a way as to keep them clean until sold or disposed of. g. Every article of upholstery, furniture containing hair, cloth, felt, kapok, wool or similar material; articles of clothing, footwear, rags, clothes and all such articles of similar character shall be sanitized before being placed with disinfected or sanitized articles, or before being offered to any person. h. All sanitary conveniences, facilities, water supply, lighting, ventilation and other such requirements shall be in accordance with the provisions of Chapter VII- "Industrial Hygiene" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations. 8.3 Food Waste Retrieval Operator 8.3.1 Sanitary permit and personnel requirements shall be in accordance with the provisions of sub-sections 3.2 and 5.3 of these rules and regulations. 8.3.2 The existing standards of the Department of Health with regard to food preservation shall be applied herewith. Food waste products failing to meet such requirements shall not be retrieved for sale as food for human consumption or for use in the preparation of such food. 8.3.3 No person who is the owner or custodian of any animal or fowl, livestock or game that has died other than by slaughter for food shall be allowed to dispose the remains by selling as food for human consumption. 8.3.4 The retrieval operation shall be in accordance with the food handling provisions of Chapter III - "Food Establishments" of the Code on Sanitation of the Philippines and its implementing rules and regulations. 8.3.5 Non-retrievable food shall be disposed of in a manner approved by the local health officer. 8.3.6 Non-retrievable food may be safely fed to animals or fowl, provided, such feeding shall be permitted by the local health officer as a method of disposal of thematerial. SECTION 9. SPECIFIC REQUIREMENTS FOR BIOMEDICAL WASTE MANAGEMENT 9.1 The management of biomedical waste produced by health care institutions and other similar establishments shall be based on the standards and guidelines contained in the Manual on Hospital Waste Management prepared by the Department of Health which is hereby made part of these implementing rules and regulations. SECTION 10. EVALUATION AND INSPECTION 10.1 Responsible Officer — It shall be the duty of the city or municipal health officer to cause the evaluation and inspection of every refuse collection service, refuse disposal area and facilities, other waste processing technologies, junk dealership, private scavenging or swine feeding platform ownership at least once every three (3) months and to cause additional inspections and re-inspections and evaluation as deemed necessary for the enforcement of these rules and regulations. Inspection of the establishment shall be conducted within seven (7) days after payment of the inspection fee to the city of municipal treasurer concerned. 10.2 Sanitation and Inspection Fee — The fees payable for every inspection shall be of such amount prescribed by local ordinance. 10.3 Mission Order 10.3.1 The city or municipal health officer or the chief of sanitation division/section/unit of the local health office, as the case may be, shall issue a mission order (EHS Form No. 112) for every sanitary inspection that will be conducted by the sanitary engineer/sanitation inspector. 10.3.2 The mission order must contain the date, mission order number and series, the name of the inspector and I.D. number, the business names, addresses, categories of establishments to be inspected and the scheduled dates of inspection. This must be shown to the owner/operator of the establishment before any inspection is conducted. The immediate supervisor of the inspector shall monitor the enforcement of the mission order. 10.3.3 Sanitary inspection conducted without a mission order is prohibited. 10.3.4 The owner/operator of the establishment shall report to the local health officer or chief of sanitation division/section/unit the unauthorized inspection that was conducted. 10.4 Uniform of the Sanitation Inspector and Aids to Inspection 10.4.1 The sanitation inspector shall wear the prescribed uniform of the office with the proper identification card while conducting the inspection. 10.4.2 He shall likewise bring all the equipment and supplies needed in the inspection such as the inspection forms, clipboards, thermometers, flashlight,measuring tape, camera; light meter, water pressure gauge, residual chlorine and pH comparator kits, blacklight, etc., and copy of the sanitation laws and other materials. 10.5 Recording of Inspection 10.5.1 The sanitary engineer/sanitation inspector shall keep a record of all his inspections or evaluation reports in an inspection form (EHS Form 103-B). 10.5.2 The sanitary engineer/sanitation inspector shall furnish the original of such report to the owner/operator. 10.5.3 Demerits entered in the appropriate column of the inspection form shall indicate that the item does not conform with the requirements of these rules and regulations. a. The inspection form has twenty (20) items. Non-complying items are indicated with an (X). Every such item is weighted with a demerit 5. The rating of the establishment is therefore; 100 less (number of demerits x 5). The result is expressed as a percentage (%) rating. 10.5.4 Sanitation Standard a.The percentage rating has an equivalent sanitation standard as follows: Percentage Rating Sanitation Standard Color Code 90%-100% EXCELLENT Luminous Green 70 %-89 % VERY SATISFACTORY Luminous Yellow 50 %-60% SATISFACTORY Luminous Red b.The sanitation standard rating sticker (SSRS) (EHS Form No. 104 -A/C) shall be posted in a conspicuous part of the establishment. It shall be updated once every three (3) months, unless revoked earlier. 10.5.5 The average sanitation standard of the establishment shall be evaluated by the local health officer/chief of sanitation division/section/unit every yearend to determine its improvement/maintenance of rating. 10.6 Report of Inspection 10.6.1 The sanitary engineer/sanitation inspector who conducted the inspection shall complete the sanitary inspection report, and whenever an inspection form issued indicates non-complying items, he shall notify the owner/operator of the corrections to be made and indicate a reasonable period for its compliance. a. The recommended corrective measures shall be specific in nature or easy understanding of the owner/operator of the establishment. b. Reasonable period for compliance or grace period shall be inclusive of Saturdays, Sundays and holidays.10.6.2 The sanitary engineer/sanitation inspector who conducted the inspection shall likewise prepare a sanitary order (EHS Form No. 107) for approval by the city or municipal health officer or chief of the sanitation division/section/unit as the case may be. 10.6.3 Within 48 hours of the inspection or evaluation, the original copy of the inspection report (EHS Form No. 103-B) and the sanitary order shall be furnished and acknowledged by the holder of the sanitary permit or the owner/operator of the establishment. The inspection report shall be personally delivered, or shall be sent through postal service, registered with return card. 10.7 Re-inspection 10.7.1 If upon re-inspection of the establishment after the deadline, the sanitary engineer/sanitation inspector finds that correction has not been affected, he shall report to the local health officer who shall recommend to the local health authority the revocation of sanitary permit. 10.7.2 A copy of the inspection form and any notice served shall, in all cases be filed and kept by the local health office and be available for inspection by authorized officials. 10.8 Service of Notice 10.8.1 Whenever an inspection or evaluation form indicates non-complying items, the city or municipal health officer shall serve the owner or operator a sanitary order requiring him, within the grace period stated in the order, to take such remedial action as may be specified therein. 10.8.2 In the event of non-compliance of the first sanitary order by the owner/operator, the health officer may serve a second notice: a. Second Sanitary Order i. If the owner of the establishment needs additional time to comply with the first sanitary order, he shall request the city or municipal health officer in writing, prior to the expiration of the sanitary order, for an extension of the grace period. The local health officer, upon the recommendation of the sanitary engineer/sanitation inspector who conducted the inspection, will act on such request. ii.Notice of hearing (EHS Form No. 118). The city or municipal health officer shall call the holder of the sanitary permit to show cause, at a time and place stated in the notice, why the permit issued in respect of the establishment should not be revoked. 10.9 Revocation of Permit 10.9.1 After prior notices and hearing as provided above, the local health officer, if satisfied that the terms of the two notices have not been complied with or failure to comply therewith is not excusable, shall recommend the revocation of the said permit, or;10.9.2 After the second sanitary order on an extended grace period, a re-inspection was conducted and still the owner/operator fails to comply with such order as reported by the sanitary engineer/sanitation inspector, the local health officer shall recommend to the local health authority the revocation of the sanitary permit without delay and shall inform other related agencies of the city or municipality of such revocation. 10.9.3 Lifting of suspension of permit may be recommended when the owner/operator of the establishment complies with the notices. 10.9.4 The owner of the establishment may file a motion for reconsideration to the local health authority if he is not satisfied with the action of the local health officer. 10.9.5 The local health authority may file court proceedings against any establishment for continuously operating after the revocation of its permit. 10.10 Summary Suspension of Permit — Whenever the city or municipal health officer finds unsanitary or unhealthy conditions in the operation of the establishment which constitute a substantial hazard to public health, the local health officer shall recommend the immediate suspension of the sanitary permit. Any person to whom such order is issued may file a written petition and shall be afforded a hearing within 48 hours. 10.11 Appeals. — The person or panel conducting the hearing may confirm, modify or reverse the decision appealed from which decision shall be final. 10.12 Power of Entry — Any sanitary engineer/sanitation inspector or duly authorized officer of the Department of Health or of the provincial, municipal or city health offices, upon presentation of proper credentials may at all reasonable times enter into any premises used for any of the purpose referred to in these rules and regulations for the purpose of inspection or any other action necessary for administration of these rules and regulations. 10.12.1 Sanitary inspections shall be conducted by officials in accordance with sub- section 10.3 of these rules and regulations. 10.12.2 Sanitary inspections shall be done preferably during the time while the establishment is in operation. 10.13 Hearings — The local health authority may conduct hearings regarding erring establishments. The decision of the local health authority shall be deemed final and executory. SECTION 11. RESPONSIBILITY OF OWNER OR OCCUPANT OF BUILDINGS, FAMILY DWELLINGS UNITS AND PREMISES 11.1 It shall be the duty of every person, occupant, owner, permit holder, tenant or lessee of any residential, industrial, commercial and business establishment, institution or open spaces like parks, camps and picnic grounds producing refuse to: 11.1.1 Maintain premises, facilities or equipment clean;11.1.2 Provide and maintain appropriate and sufficient number and size of containers of sufficient size to handle the accumulation of refuse on the building, family dwelling unit or premises during interval between collection; 11.1.3 Keep containers in a designated place; 11.1.4 Refrain from placing refuse in street, alley, sidewalk, footpath, or any public place whatsoever except for the period of time immediately prior to collection; 11.1.5 Dispose refuse in designated containers provided for the purpose when in public places; 11.1.6 Prevent and control harborage of vermin; and 11.1.7 Provide odor or nuisance control program. 11.2 Every person, occupant, owner, permit holder, tenant, or lessee shall prevent the: 11.2.1 Removal of any refuse/solid waste placed in containers by unauthorized persons; 11.2.2 Storing, depositing or keeping of refuse/solid waste in any place or in any manner where vermin can have access to or feed thereon, or can use such refuse as a harborage, nest or breeding place; 11.2.3 Placing refuse/solid waste in low areas and low lots without filling, leveling and covering it, thus creating unsanitary condition or nuisance; 11.2.4 Burning of refuse/solid waste thereby causing excessive smoke, liberating toxic substance of combustion, or producing noxious odor likely to affect the occupants of neighboring premises; 11.2.5 Burying of garbage or swill in areas not designated for refuse disposal; 11.2.6 Picking over, sorting, segregating or salvaging of any refuse/solid waste without the necessary operating permit as junk dealer or food salvage operator; 11.2.7 Feeding of animals with uncooked offal or viscera obtained from slaughterhouse, poultry killing house or fish market; and 11.2.8 Throwing or depositing of any refuse/solid waste in any sewer manhole or storm water catch basin, bodies of water or esteros. 11.3 It shall be the responsibility of every occupant or owner of building, family dwelling unit or premises lining the street to keep it clean and free from refuse/solid waste from the line of the property to the middle of the street and from one property to the other. SECTION 12. RESPONSIBILITY OF OWNERS OF IDLE OR VACANT LOTS12.1 It shall be the responsibility of the owners of idle or vacant lots to keep their lots clean to protect them from becoming the breeding places of vermin. In the event of their failure or inability to comply with this obligation, the local government unit shall undertake the cleaning of said lots at the expense of the owners. SECTION 13. RESPONSIBILITY OF THE REFUSE COLLECTOR — The refuse collector shall: 13.1 Provide refuse collection services for residential areas at least twice a week; 13.2 Provide daily collection service of putrescible wastes produced by public markets, food establishments, health care institutions, schools, public places and other congested/urban areas; 13.3.Transfer the contents of all containers into the vehicle provided thereof, without spilling any refuse on stairs, walks, yards, or streets; 13.4 Clean all refuse spilled during the collection and completely empty containers and replace the lids; 13.5 Use every precaution while collecting refuse at night or in the early morning to prevent unnecessary noises; 13.6 Return containers/cans to their proper locations or designated places without damage after each refuse collection; 13.7 Use personal protective equipment while conducting collection services; 13.8 Clean immediately oneself after working; 13.9 Submit information, records and periodic report as may be required by the local health officer for the purpose of evaluating the compliance with these implementing rules and regulations; and 13.10 Abide with the provisions of these rules and regulations. SECTION 14. RESPONSIBILITY OF THE REGIONAL DIRECTOR — The regional director shall: 14.1 Issue operating permit as recommended by the sanitary engineer to refuse collection service, refuse disposal area and facilities upon evaluation of the application and site validation; and 14.2 Cause the conduct of regular inspection and monitoring of refuse collection service, refuse disposal area and facilities. SECTION 15. RESPONSIBILITY OF THE LOCAL HEALTH OFFICER — The local health officer shall: 15.1 Conduct or cause the conduct of regular inspections and visits to any place orpremises wherein refuse may accumulate and to all refuse collection, transportation and disposal sites, locations, equipment and premises for the purpose of ascertaining the status of compliance with the requirements of these implementing rules and regulations. 15.2 Issue sanitary permit after a complete investigation of the premises, equipment, plan of operation, schedules of collection, places of disposal, and other pertinent information indicative of ability to comply with all standards and requirements. 15.3 Conduct constant dialogue with the holder of the sanitary permit for the purpose of discussing the terms and conditions deemed necessary to assure compliance with these implementing rules and regulations. 15.4 Recommend to the local health authority the withholding, disapproval or revocation of the sanitary permit upon violation of or pending compliance to certain terms and conditions stipulated under these rules and regulations. 15.5 Inform all concerned agencies/organizations regarding these implementing rules and regulations. 15.6 Enforce the provisions of these implementing rules and regulations. SECTION 16. RESPONSIBILITY OF THE LOCAL GOVERNMENT — The local government shall: 16.1 Provide an adequate and efficient system of collecting, transporting and disposing refuse in their areas of jurisdiction. 16.2 Maintain the cleanliness of parks, plazas and streets adjacent to public buildings. 16.3 Promote resource recovery scheme in solid waste management. 16.4 Promote recycling of refuse for beneficial use and in augmenting the income of the people in the community/local government. 16.5 Allocate tract of land for use in sanitary disposal of refuse/solid waste. 16.6 Establish buying stations for the recovery of re-cycled materials. 16.7 Conduct training on proper solid waste management. 16.8 Enforce the provisions of these implementing rules and regulations. 16.9 Pass and enforce local ordinance in strengthening these implementing rules and regulations. SECTION 17. PENAL PROVISION 17.1 Any person who shall violate, disobey, refuse, omit or neglect to comply with any of the provisions of these rules and regulations shall be guilty of misdemeanorand upon conviction shall be punished by imprisonment for a period not exceeding six (6) months or by a fine not exceeding Php1,000.00 or both depending upon the discretion of the court. 17.2 Any person who shall interfere or hinder, or oppose any officer, agent or member of the Department of Health or of the bureaus and offices under it, provincial, city or municipal health offices, sanitary engineers and sanitation inspectors in the performance of his duly as provided for under these rules and regulations, or shall tear down, mutilate, deface or alter any placard, or notice, affixed to the premises in the enforcement of these rules and regulations shall be guilty of misdemeanor and punishable upon conviction by imprisonment for a period not exceeding six (6) months or by a fine not exceeding Php1,000.00 or both depending on the discretion of the court. SECTION 18. SEPARABILITY CLAUSE — In the event that any rule, section, paragraph, sentence, clause or word of these rules and regulations is declared invalid for any reason, the other provisions thereof shall not be affected thereby. SECTION 19. REPEALING CLAUSE — All pertinent rules and regulations that are inconsistent with the provisions of these rules and regulations are hereby repealed or amended accordingly. SECTION 20. EFFECTIVITY — These rules and regulations shall take effect after fifteen (15) days from date of publication in the official gazette or a newspaper of general circulation. Adopted: 15 April 1998 (SGD.) CARMENCITA NORIEGA-REODICA, M.D., M.P.H. Secretary of Health Source: Supreme Court E-Library This page was dynamically generated by the E-Library Content Management System (E-LibCMS)