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CHAPTER IV

PENAL PROVISIONS

Section . PROHIBITED ACTS

1. Indiscriminate littering, throwing, and dumping of Special Waste in


non-designated areas for Special Waste Disposal;
2. Undertaking activities or operating, collecting or transporting
equipment in violation of sanitation operation and other requirements
or permits set forth in or established pursuant to this Act and that
which is provided for in RA 9003 (Ecological Solid Waste Management
Act);
3. Open burning of Special Waste;
4. Non-segregation of Special Waste;
5. Causing or permitting the collection of non-segregated or unsorted
special waste;
6. Squatting near the designated areas designated for special waste
disposal;
7. The mixing of source-separated special wastes with other solid
waste in any vehicle, box, container or receptacle used in solid waste
collection or disposal;
8. The construction of any establishment within two hundred (200)
meters from designated Special Waste Disposal dumps and areas;
9. Non-compliance with the prescribed landfill and/or disposal area for
Special Waste;
10. Importation of toxic wastes misrepresented as recyclable or
with recyclable content ( Sec.48, par.12, Chapter IV, RA 9003)

FINES AND PENALTIES

a. Any person who violates Section ____, paragraph (1) shall, upon
conviction, be punished with a fine of not less than Five Hundred Pesos
(P500.00) but not more than One thousand pesos (P1,000.00) or render
community service for not less than one (1) day to not more than
fifteen (15) days to an LGU where such prohibited acts are committed,
or both;
b. Any person who violates Section ____, paragraph (2) shall, upon
conviction, be punished with the penalties prescribed paragraph b,
Section 48, Chapter IV of RA 9003;
c. For paragraphs (3) and (4), a penalty of a fine of not less than five
hundred pesos (500.00) but not more than one thousand five hundred
pesos (P1,500.00) or render community service for not less five (5)
days to not more than twenty (20) days, or both, shall be imposed
upon the convicted violator;
d. For paragraphs (5) and (6) a penalty of a fine of not less than One
thousand five hundred pesos (P1,500.00) but not more than Three
thousand pesos (P3,000.00) or imprisonment of not less than one (1)
month but not more than six (6) months, or both, shall be imposed
upon the convicted violator;
e. For paragraphs(7), (8) and (9), a penalty of a fine not less than One
hundred thousand pesos (P100,000.00) but not more than One million
pesos (P1,000,000.00), or imprisonment not less than one (1) year but
not more than six (6) years, or both, shall be imposed upon the
convicted violator;
f. Any person who violates Section ____, paragraph (2) shall, upon
conviction, be punished with the penalties prescribed paragraph e,
Section 48, Chapter IV of RA 9003;
g. For repeat offenders in any of the prohibited acts mention in Section
48, they shall suffer a double penalty for fines imposed, or an
additional fifteen (15) days to the community service to be
rendered and the imprisonment to be imposed, or both, subject to the
discretion of the implementing officers and the weight of the violation
made by the offender.

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