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LAW: DENR Administrative Order No. 9, Series of 2006 (DAO 2006-09)

SUBJECT: General Guidelines in the Closure and Rehabilitation of Open Dumpsites

(ODs) and Controlled Dumpsites Facilities (CDFs)

DATE OF EFFECTIVITY: October 7, 2006

DATE OF PUBLICATION: September 22, 2006

IMPLEMENTING AGENCIES: Department of Environment and Natural Resources

(DENR); EMB (Environmental National Bureau); Local Government Units (LGUs)

DESCRIPTION: This administrative order is considered as a supplemental policy for

R.A 9003, also known as the Philippine Ecological Solid Waste Management Act of

2000, specifically on Section 37, Article 6 that states that No open dumps shall be

operated and established and operated, nor any practice or disposal of solid waste by

any person, including LGUs, which constitutes the use of open dumps for solid waste, be

allowed after the effectivity of said Act: Provided, That within three (3) years (2004)

after the effectivity of said Act, every LGU shall convert its open dumps into controlled

dumps, in accordance with the guidelines set in Section 41 of this Act: Provided, further,

that no controlled dumps shall be allowed five years (2006) following the effectivity of

said Act. An authority to close ATC) or a notice to proceed (NTP) will be issued to

LGUs upon the submission of dumpsite closure and rehabilitation plans to Environmental

National Bureau (EMB) regional offices. Compliance of LGUs to ATC conditions are

evaluated based on a recommended checklist. This administrative order also implemented

certain policies in order to further enforce the Section 37 provision of the R.A 9003, the

DENR has spearheaded the implementation of "Three-Strike Policy" for non-complying

LGUs. This three-strike policy aims to reduce or to even zero in on the waste disposal

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of different municipalities, barangays or other local governments. This is made in order

to force those local governments to treat their waste properly. In a first strike, cease-and-

desist orders for local governments will be issued for those found to be still operating

landfills. In a second strike, the DENR regional director will issue an order for all local

governments to abide by the provisions with regard to waste management. Those that

would fail to close their open landfills would be issued a last warning. And lastly, in a

third strike, the DENR would file administrative charges against towns or cities or

municipalities that would still fail to abide or comply with the law.