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EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG BAYAN OF BAGABAG, NUEVA VIZCAYA HELD AT THE

SANGGUNIANG BAYAN SESSION HALL ON FEBRUARY 27, 2007 FROM 9:00 A.M. TO 12:05 P.M. PRESENT: HON. LITA B. CASTILLO Presiding Officer HON. SONNY B. DANIEL HON. ED G. AFALLA HON. MELCHOR B. DUMANGENG HON. FILMA B. DULAY HON. FERDINAND DOUGLAS R. INALDO HON. RODOLFO S. ABON, SR. LMB President HON. ROSALINDA C. RAMISCAL SKMF President HON. EDDIE A. LAYA HON. VLADIMIR PAUL B. JANDOC

ABSENT:

ORDINANCE NO. 2007 02 (Authors: Hon. Jose M. Ferrera) (Co-Authors Hon. Ferdinand Douglas R. Inaldo, Hon. Eddie A. Laya, Hon. Sonny B. Daniel and Hon. Melchor B. Dumangeng) AN ORDINANCE ESTABLISHING A COMPREHENSIVE SOLID WASTE MANAGEMENT PROGRAM FOR THE MUNICIPALITY OF BAGABAG, NUEVA VIZCAYA, PROVIDING PENALTIES FOR VIOLATION THEREOF AND FOR OTHER PURPOSES. WHEREAS, pursuant to the provision of Section 16 of RA 7160, otherwise known as the Local Government Code of 1991, this Local Government Unit is mandated to promote health and safety and enhance the right of the people to a balanced ecology hence, it is committed to the protection, preservation and conservation of the ecosystem within its jurisdiction; WHEREAS, the unsystematic waste disposal by households and commercial/industrial establishments causes unsightly surroundings, polluted environment and spread of communicable diseases; WHEREAS, the practice of waste segregation to facilitate re-use and recycling does not only reduce the cost of collection and disposal of garbage but also conserves the natural resources or materials and avoid wasteful consumption of goods; NOW THEREFORE, be it enacted by the Sangguniang Bayan in a session assembled to establish a Comprehensive Solid Waste Management Program for the Municipality of Bagabag, Nueva Vizcaya; ARTICLE I TITLE OF ORDINANCE. This ordinance shall be known as THE COMPREHENSIVE SOLID WASTE MANAGEMENT ORDINANCE of the Municipality of Bagabag, Nueva Vizcaya, and shall be hereinafter referred to as the Ordinance. ARTICLE II COVERAGE. This Ordinance shall apply to all residential houses, commercial establishments such as; but not limited to hotels, restaurants, cinema houses, public markets, department stores, groceries, institutions like hospitals, schools, churches, public and private offices; industrial establishments like factories, rice-mills, plants and other establishments of any kind and agricultural areas.

ARTICLE III AUTHORITY. This ordinance is enacted to supplement the


provision of existing laws and ordinances related to solid waste management, MC No. 88, s, 1994, sec. 17 of RA 7160, Executive Order No. 192, Republic Act No. 9003 (The Ecological Solid Waste Management Act of 2000) and Department of Environment and Natural Resources (DENR) Administrative Order (DAO) No. 2001-34, which embodied the Implementing Rules and Regulations (IRR) of RA 9003..

ARTICLE IV GOAL, OBJECTIVES AND PURPOSES. Section 1. Goal The primary goal of this ordinance is to improve the quality of life of the people of Bagabag, in an atmosphere of a healthy, sanitized and an ecologically balanced environment, through an integrated waste management and sustainable development. Section 2. Objectives The objectives of the Ordinance are the following: a. To ensure round-the-clock cleanliness through orderly and sanitary waste management system. To cease and desist from utilization of open garbage dumps which serve as breeding places of insects that cause diseases, foul odors and harmful fumes; emit greenhouse gases which contribute to global warming and thinning of the ozone layer; generate leachate which pollute soil and water resources and create unhealthy scavenging activities in the vicinity. To eradicate unsightly, uncovered and overflowing waste containers in streets, public places, and open spaces. To maximize and optimize sanitary resource recovery for feeds, fuel, materials, energy, etc. and To minimize pollution arising from harmful gases, smoke, particles produced by needless burning/dumping; polluted runoffs into water sources/supply; and hazardous substances.

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Section 3. Purposes This ordinance is enacted for the following purposes: a. To promote and protect the health, safety, peace, convenience and general welfare of the inhabitants of the Municipality. To enhance the total environment of the municipality through the necessary control and mitigation of negative environmental impacts of solid waste. To guide, control and regulate the generation, storage, collection, transportation and disposal of solid and liquid wastes within the municipality and promote an orderly and sanitary system for the same. To determine the generation of solid waste and maximize possible resource recovery/recycling and utilization by: maximizing the use consumption of foods; of goods and

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allocating fair inputs in the production of goods, foods and services; encouraging the salvaging of possible recoverables from solid wastes for re-use and/or recycling back to production process; encouraging the recycling and resource recovery of waste in ones backyard through composting and biogas production; and providing assistance and cooperation in the recycling of solid waste in disposal sites.

ARTICLE V DEFINITION OF TERMS Section 1. The technical terms used in this ordinance are defined as follows: Agricultural Waste shall refer to waste generated from planting or harvesting of crops, trimming or pruning of plants and wastes or run-off materials from farms or fields. Biodegradable any material that can be reduced into finer particles degraded or decomposed by microbiological organisms or enzymes. This is synonymous with compostable. Bulky Waste shall refer to waste materials, which cannot be appropriately placed in separate containers because of its bulky size, shape or other physical attributes. These include large worn-out or broken household, commercial, and industrial items such as furniture, lamps, bookcases, filing cabinets, and other similar items. Collection shall refer to the act of removing solid waste from the source or from a communal storage point. Compost decayed organic material for use as soil conditioner or fertilizer. Composting biological degradation under controlled conditions; the process of making biodegradable such as food waste, garden waste, animal waste, human waste, into compost by mixing them with soil, water and whenever necessary, biological additives or activators, and air. Consumer Electronics shall refer to special wastes that include worn-out, broken, and other discarded items such as radios, stereos, TV sets, toys and other household appliances. Disposal shall refer to the discharge, deposit, dumping, spilling, leaking or placing of any solid waste into or in any land. Disposal Site shall refer to a site where solid wastes are finally discharged and deposited. Domestic waste is the refuse from households, as distinguished from industrial waste, agricultural waste, hospital waste, etc., which may be classified as biodegradable or compostable and nonbiodegradable or non-compostable.

Enzymes any of various complex organic substances, as pepsin, originating from living cells and capable of producing certain chemical changes in organic substances by catalytic action as in digestion; unorganized ferment. Factory returnable all non-biodegradable, noncompostable such as cans/metals; bottles/glasses including broken pieces; plastics, Styrofoams, rubbers, dry papers, dry cardboards, dry clothes, fibers, leathers, feathers, hard shells, hard bones, etc. which are segregated in separable containers or placed in one sack or sacks (cans, bottles, containers already rinsed) and are sold/given away to collectors. Food materials all food wastes, peelings, veggie trims, fish entrails, fowl innards, spoiled fruits, leftovers, egg shells, rice/fish/meat washings, etc. that should be collected and kept in covered containers as hog/chicken/duck/pets/fish feeds. Fermentables fruit peelings, spoiled or over-ripe fruits, juices e.g. buko juice, etc. which can be made into vinegar, wine or nata-de-coco, nata-de-pia, etc. Fertilizer materials all compostables or biodegradables such as garden waste (leaves, twigs, weeds), animal waste (manures, carcasses), human waste, etc., are made into compost for organic gardening. Filling materials residue left after optimum utilization of waste. Such materials can be compacted or pressed together, mixed with other materials, such as rice chaffs, and used for appropriate construction projects. Fine crafts materials any of the nonbiodegradables which could be used as materials for handicrafts, cottage industries, art works, toys, and other livelihood projects such as paper mache, paper basketry, tin crafts, metal crafts, plastic twines or rope braids, feather crafts and wooden crafts. Styrofoam melted in small amount of gasoline solvent provides cheap glue or binder for many of the projects. Food material include certain kinds of seeds, pulp, peelings, that are made into pickles, sweets or candies or snacks. Functional facilities/equipment used equipment/facilities devised or created from discards, throwaways, junks, scraps, e.g. chairs, tables, doormats, play equipments from rubber tires, roofing from milk cans, flower pots, planters from plastic bags, sacks, containers, etc. Generation shall refer to the act or process of producing solid waste. Generator shall refer to a person, natural or juridical, who last uses a material and makes it available for disposal or recycling. Green charcoal another form from the fuel or grass charcoal, manufactured from compostable, organic,

cellulotic materials with the use of enzymes to break down the lining or binding materials, after which it is molded and dried then used in charcoal-fed stoves. Hazardous waste shall refer to solid waste or combination of solid waste which because of its quantity, concentration, or physical, chemical or infectious characteristic may: 1. cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or 2. pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Landfill leachate the downward seeping of water through the landfill carrying with it the dissolved water-soluble contents of the waste, which may be collected by the underground drainage or water system. Large Scale Business Establishments refers to business establishments having gross receipts from its operations ranging from =P=250,000.00 and above from the preceding year. Leachate shall refer to the liquid produced when waste undergo decomposition, and when water percolate through solid waste undergoing decomposition. It is a contaminated liquid that contains dissolved and suspended materials. Medium Scale Business Establishments refers to business establishments having gross receipts from its operations ranging from =P=40,000.00 or more but not less than =P=250,000.00 from the preceding year. Municipal Waste shall refer to wastes produced from activities within local government units, which include a combination of domestic, commercial, institutional and industrial wastes and street litters. Open Dump shall refer to a disposal area wherein the solid wastes are indiscriminately thrown or disposed of without due planning and consideration for environmental and health standards. Post Consumer Materials shall refer only to those materials or products generated by a business or consumer which have served their intended end use, and which have been separated or diverted from solid waste for the propose of being collected, processed and used as a raw material in the manufacturing of recycled product, excluding materials and by-products generated from, and commonly used within an original manufacturing process, such as mill scrap. Receptacles shall refer to individual containers used for the source separation and the collection of recyclable materials.

Recycling the re-use, retrieval, re-commission of any element or matter for any and all purposes necessary to healthful and productive living; the process by which waste materials are transformed into new products in such manner the original products may lose their identity. Re-use shall refer to the process of recovering materials intended for the same or different purpose without the alteration of physical and chemical characteristics. Resource recovery shall refer to the collection, extraction or recovery of recyclable materials from the waste stream for the purpose of recycling, generating energy or producing a product suitable for beneficial use: Provided that, such resource recovery facilities exclude incineration. Sanitary Landfill shall refer to a waste disposal site designed, constructed, operated and maintained in a manner that exerts engineering control over significant potential environmental impacts arising from the development and operation of the facility. Segregation shall refer to a solid waste management practice of separating different materials found in solid waste in order to promote recycling and re-use of resources and to reduce the volume of waste for collection and disposal. Small Scale Business Establishments refers to business establishments having gross receipts from its operations ranging from =P=10,000.00 or more but not less than =P=40,000.00 from the preceding year. Solid waste this includes anything thrown away, such as garbage, rubbish, trash, litter, junk, and refuse from any source (homes, business, farms, industries, or institutions); this is a discarded material with insufficient liquid content to flow. Examples are those non-liquid wastes from the domestic, commercial, agricultural and industrial activities which can be divided into several components under two broad categories: 1. Biodegradable compostable putrescible. There are four (4) groups of wastes under this category such as: 1.1 Food (cooking) waste/kitchen waste; peelings, left-overs, vegetable trims, fish/fowl/meat/animal/entrails/ innards/cleanings, softshells, weeds, seeds/inedible fruits, etc.; 1.2 Agricultural (garden) waste: leaves, flowers, twigs, branches, stems, roots, trimmings, weeds, seeds, inedible fruits, etc.; 1.3 Animal wastes: manures, urines, carcasses, etc.; and 1.4 Human wastes: excretes, soiled pads, sanitary napkins, etc.

2. Non-biodegradable non-compostable non-putrescible. There are ten (10) groups of wastes under this category: 2.1 Metals: tin cans, iron, lead, copper, silver, etc. 2.2 Glasses: bottles, cullets (broken glass), sheets (sharps), mirrors, bulbs, etc.; 2.3 Plastics: polyethylene (bags), polypropylene(straws/jute sacks/ containers), polyurethane (foam/mattresses), polystyrene (Styrofoam), polyvinyl (tubes, pipes, linoleum), polyacetate (fibers, cloth, rayon), etc.; 2.4 Rubbers (natural and synthetic): tires, slippers, shoes, etc.; 2.5 Papers: etc.; dry papers, cardboards,

2.6 Dry processed fibers: cloth, twine, etc.; 2.7 Dry leathers, etc.; 2.8 Hard shells; 2.9 Bones and 2.10 Rocks

Solid Waste Management the purposeful, systematic control of the generation, storage, collection, transport, separation, processing, recycling, recovery and final disposal of solid waste. Sorting of source the segregation or separation of waste at the point of generation or at the very place where they are produced into biodegradable and non-biodegradable. Special Wastes shall refer to household hazardous wastes such as paints, thinners, household batteries, lead-acid batteries, spray canisters and the like. These include wastes from residential and commercial sources that comprise of bulky wastes, consumer electronics, white goods, yard wastes that are collected separately, batteries, oil and tires. These wastes are usually handled separately from other residential and commercial wastes. Recycling of domestic waste the full utilization of domestic waste into factory-returnables, feeds, fertilizers, fuels, fine crafts, fermentables, and filling materials; either by man-made or nature-designed recycling schemes. White Goods shall refer to large worn-out broken household, commercial, and industrial appliances such as stoves, refrigerators, dishwashers, and clothes washers and dryers collected separately. White goods are usually dismantled for the recovery of specific materials (e.g. copper, aluminum, etc.)

Zero waste resource management system is an ecological method of handling waste that does not degrade the environment nor pollute air, water, and soil, and facilitate their sanitary retrieval, re-use or recycling. ARTICLE VI WASTE AND STORAGE REGULATIONS. Section 1. Residential Areas. a. Residents shall learn the four (4) types of waste: Biodegradable or compostable and nonbiodegradable/non-compostable, residual waste and special waste, shall be stored and segregated at the site or place where they are generated. b. The concerned residents shall ensure that the generated solid waste shall be properly separated in three (3) enclosed containers for recoverables, leftovers, compostables and others. The left-overs or feeds refuse shall either be directly given to the animals as feeds or stored temporarily for composting and/or biogas productions. c. Residents shall choose proper containers such as cans, sacks, bags, bins, etc. that will facilitate sanitary, efficient handling, storage, collection, transport or disposal at least cost. Food wastes shall be placed in covered cans or pails. Garden and human wastes in sacks, cans and bags; and the non-compostables in sacks, bags or boxes.

d. Public thoroughfares, public utility depots and grounds in front or in the vicinity of residential houses shall be kept clean and tidy by the owner/lessee, of the house or/building and drivers/operators at all times and provide for the putting of proper waste disposal bins in their residents and areas of operation. e. Trees, shrubs and other vegetations within the vicinity of residence shall be regularly cared for and maintained to minimize generated wastes/yard wastes and unpleasant sight. Section 2. Commercial and Market Area. a. The covered storage containers for segregated commercial wastes shall be provided either communal or individual and placed in areas easily accessible for collection and transport; whenever necessary, communal storage facilities shall be provided jointly by the Municipality and the Barangay Government. This communal storage facility should be enclosed and possibly on wheels. The enclosed communal receptacles shall be located along the collection route where the generated wastes shall be removed and transported to the disposal and recycling factory site. The lobby and fronting sidewalk immediate grounds of commercial establishments such as shops, stalls, stores, restaurants, caterers, carenderias, barber shops, beauty parlors, recreational and entertainment facilities like theaters, billiard halls, folk houses, beer gardens, disco pubs, cocktail lounges, dancing halls, cabarets, bistros, ktv

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(videoke) houses and others, shall be maintained clean and presentable by the owner/operator/lessee of the establishment. d. The fronting sidewalks, parking areas of public utility vehicles and immediate areas of stalls/open spaces of markets shall be kept clean and orderly by the lessee of said stall/space and drivers/operators of public utility depots at all times. The Market Supervisor, Sanitary Inspector and Waste Managers shall see to it that these provisions are enforced and the vicinity is made clean at all times.

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Section 3. Institutional and Industrial Areas. a. The head of any institutional/industrial firms shall ensure the segregation, proper and hygienic storage of generated wastes in receptacles/containers within their compound; and be disposed only to communal receptacles for segregated waste so provided in the area; or when the collection vehicle so passes in the area. b. Hazardous wastes shall be stored safely in appropriate, durable, and duly covered receptacles, which should be located in a secured and distant site, prior to final collection/disposal. c. The head of any institutional/industrial firm/establishment shall ensure the cleanliness and orderliness of its facilities, yards, and its fronting sidewalk and street.

d. Hazardous waste (chemical, biological, and radioactive substances) shall be stored, collected and transported, and disposed of in accordance with applicable laws, guidelines, rules and regulations of the Environmental Management BureauDepartment of Environment and Natural Resources (EMB-DENR), Department of Health (DOH), and the Philippine Nuclear Research Institute (PNRI). Section 4. Agricultural Areas, Poultry and Livestock and Swine Farms. Homogenous agricultural wastes (rice straws, corn cobs, leaves, animal manures, etc. shall be properly stockpiled/stored by the concerned farmer, and through the use of enzymes convert the same into compost or soil conditioner. Poultry, livestock, and swine manure shall be recycled to become organic fertilizer. The Municipality and Barangay Governments shall, under its human and ecological security and sustainable development programs see to it that the individual or establishment be provided with technical assistance and when finances warrant, financial assistance in this respect. The Municipal Agriculture Office is mandated to include in its program the conversion of homogenous agricultural wastes into organic fertilizers and other productive purposes.

Section 5. Littering. No person shall litter or scatter solid wastes in streets, highways, sidewalks and other public areas such as parks, playgrounds, rivers, etc. Solid wastes shall include among others, the cigar/cigarette butts, boxes/packages, candy/bread

wrappers, match sticks, disposable diapers, food packages, sugar canes dropped from hauling trucks on and along the national highway and municipal streets. Section 6. Liquid Waste. a. No liquid waste coming from residential homes shall be allowed to stagnate. Liquid waste coming from the kitchen, bathrooms, etc. shall be allowed to flow to the municipal drainage canals from the residents in a concrete canal, and duly covered canal. Residents with no communal drainage shall not throw or allow to flow their liquid waste directly to the creek. A blind drainage shall be made for this purpose. All sewers shall be kept clean and covered. No used oil coming from engines, motor vehicles, etc. shall be thrown directly to canals, to the grounds; or to any other places; for such oil being non-biodegradable will return back to us in some other way; through our water pumps; and will cause organic disease. The Municipal Government shall include in its Environmental Management Plan a system of proper disposal of used oil. In the absence of such, all automotive shops, motor vehicle owners, and other establishments discharging used oil, shall recycle the same.

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ARTICLE VII WASTE PROCESSING AND RESOURCE RECOVERY. Section 1. Waste in Residential Areas. a. Segregated recyclables shall be properly stored before collection. These recyclables shall be collected separately and brought to recycling centers, eco-centers or junk dealers, established by either the government, private entrepreneurs, peoples organizations and non-government organizations. Food and kitchen refuse shall be collected as fodder or feeds for animals. The spoiled portions that is not suitable as fodder or feeds shall be composted.

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Section 2. Wastes in Commercial Areas. a. Segregation of wastes from commercial areas, shopping malls, restaurants, commercial complexes, recreational centers, etc. shall be mandatory before the issuance or renewal of business permits. The Municipal Health Officer shall see to it that the provision is complied with, before any health certificate is issued. The Market Supervisor, shall adopt a segregation scheme that will facilitate the segregation of recyclables, food/vegetable wastes, and nonrecyclable wastes and require stall holders and space occupants to dispose their wastes into the segregated covered containers, installed properly in designated places in the market sector that are accessible for collection and transport. Food wastes from commercial centers (e.g. food centers, restaurants, canteens, etc.) shall be

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collected as fodder/animal feeds and shall not be disposed to sewers. Section 3. Industrial/Institutional Wastes. a. In industrial establishments, segregation of biodegradable/compostable and nonbiodegradable/non-compostable wastes shall be performed to avoid foul odors and proliferation of flies. b. Schools (both private and public) shall adopt appropriate resource recovery and recycling strategies. c. Hazardous wastes shall be treated before disposal and shall be disposed of only after getting proper assistance/guidance from concerned agencies.

d. Industrial liquid wastes shall be treated and must meet the required effluent standards prescribed by the DENR and other concerned agencies before the same can be discharged or disposed. e. The Municipal Government shall ensure that liquid wastes coming from the municipal sewerage system shall pass through a silting pond for the treatment before the same are discharged or disposed. Section 4. Agriculture Areas (including farms for livestock, poultry, etc.) a. Agricultural wastes (e.g. rice straws, corn cobs, etc.) shall not be burned but shall be stockpiled in a proper location and composted. Animal manure can also be composted or used for biogas production. b. Liquid wastes coming from washing of poultry/livestock farms should not be discharged directly to the creek/rivers; for such is one source of food dinoflagellates, which causes red tide poisoning. The Municipal Agriculture Office is mandated to conduct research and find means that can stop this practice and other agricultural wastes recycled and made productive. ARTICLE VIII COLLECTION AND TRANSPORTATION OF SOLID WASTES. Section 1. Residential Areas. a. The concerned resident shall ensure that the solid wastes are brought out in front of his gate/door and/or along the collection route of the collection vehicle; during the collection period. b. He shall report to the Municipal Health Officer and or the General Services Officer or concerned officials for any uncollected solid wastes within the vicinity of his residence. c. Garbages not segregated and placed in containers approved and designed by the Local Government Unit shall not be collected and shall be treated as disposed of in violation of the anti-littering provision of this ordinance and shall be penalized accordingly.

Section 2. Commercial Areas.

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The owner/lessee of any enterprise shall be responsible for the timely positioning of stored solid wastes during collection period which shall be likewise assisted whenever necessary in the sanitary means of loading wastes for collection purposes. Wastes coming from these areas shall also be segregated in accordance with the provision of this Ordinance. He shall remind the General Services Office/Municipal Health Office in the collection of uncontrolled solid wastes and other related matters.

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Section 3. Institutional/Industrial Areas. a. The head of any institutional/industrial establishment shall assist the Local Government Unit in the orderly and sanitary way of collecting and transporting solid wastes. b. The collection and transport of any hazardous wastes shall be duly coordinated with the government agencies concerned. ARTICLE IX DISPOSAL OF SOLID WASTES. Section 1. Residential Solid Wastes. a. Incineration or open burning of solid wastes in all backyards shall be prohibited. Residual wastes after resource recovery, recycling and composting shall be disposed of in the sanitary landfill.

Section 2. Institutional Solid Wastes. a. Hospitals, embalming establishments and other similar institutions solid wastes especially infectious wastes shall be treated in the appropriate treatment facility and the treated wastes shall be disposed of in separate compartments in the sanitary landfill. Chief of hospitals and establishments shall see to it that this provision is strictly observed and followed.

Section 3. Industrial Solid Wastes. a. Hazardous wastes shall be treated before disposal and shall be disposed of only after getting the proper assistance/guidance from concerned government agencies. Other hazardous wastes shall be disposed of, in accordance with the laws, rules and regulations and guidelines from the concerned national agencies like Environmental Management BureauDepartment of Environment and Natural Resources (EMB-DENR), Department of Health (DOH) and the Philippine Nuclear Research Institute (PNRI). Solid wastes that could be utilized for organic fertilizers such as mudpross, etc. shall be stocked in designated areas and kept wet to prevent air pollution and shall be distributed to farmers for soil improvement. All industrial establishments are mandated to install standard anti-pollution devices and shall see to it that such an establishment shall not become

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source either directly or indirectly of air, water, sea and ground pollution. For the purpose of this section, sugar cane and rice chaffs littering along national highways and municipal streets, coming from hauling trucks is considered ground pollution. Trucking operators/drivers are mandated to install hauling devices that will prevent the spilling out of sugar cane and rice chaffs from hauling trucks. ARTICLE X WASTE MANAGEMENT FEE FOR SOLID WASTE MANAGEMENT SERVICES. Section 1. The annual waste management fee shall be collected from the following:

TYPE OF ESTABLISHMENT Household/Residential Commercial (Small Scale) Industrial and Large Scale Commercial Establishments Institutions Section 1.a.

WASTE MANAGEMENT FEE =P=400.00 per year or =P=100.00 per quarter =P=500.00 per year =P=750.00 per year =P=650.00 per year

Household/Residential establishment can opt to pay the waste management fee on a monthly basis. All Commercial and Industrial Establishments whether small, medium or large scale are required to pay the waste management fee as a prerequisite in obtaining their respective Business Licenses.

Section 1.b.

Section 2. The annual waste management fee shall be collected by the Municipal Treasurer or the duly designated authorized representative, together with other charges for all residents and establishments transacting business with the Municipal Government who shall in turn issue the corresponding Waste Disposal Clearance duly signed by the Environment and Natural Resources Officer of the Municipality, to be incorporated in the Business License. Section 3. Barangay Treasurers as deputized by the Municipal Treasurer, shall be responsible for the collection of waste management fee from all barangay households. Twenty five percent (25%) of the amount collected shall accrue to the Barangay General Fund. On or before the end of the first quarter of every year, the deputized Barangay Treasurers shall remit to the Municipal Treasurer the share of the Municipal Government. The barangay share shall likewise be deposited at the Municipal Treasurers Office, and credited to the general fund of the respective barangays. Section 4. Tipping fee will be collected from the dumpsite users depending on solid waste they generate for disposal. For these users, they will pay tipping fee for directly using the disposal facility. The pay as you throw scheme will be imposed based on the volume of waste generated and to be disposed in the facility.

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Tipping Fee An amount of Ten Pesos (=P=10.00) per 3 cubic meters loose volume shall be collected in the dumpsite. Section 5. Collections from fees shall form part of the General Fund of the Municipality, from which maybe drawn the Annual SWM Budget for personnel services, operations, maintenance and capital outlay. While collection from fines and penalties shall be set aside to form part of the SWM Fund. ARTICLE XI CREATION OF THE MUNICIPAL ENVIRONMENT AND NATURAL RESOURCES OFFICE. Section 1. Municipal Environment and Natural Resources Office. a. For an effective implementation of this ordinance, and in compliance of Memorandum Circular No. 95130, there is hereby created a Municipal Environment and Natural Resources Office, headed by a duly appointed/designated Municipal Environment and Natural Resources Officer, whose functions/skills shall be the following: 1. Conduct massive information and dissemination, such that the provisions of this ordinance shall reach every household of the Municipality. 2. Enforce the provisions of this ordinance in coordination with other agencies mandated by law to perform environmental and health sanitation services. 3. Conduct researches and advocacy for the use of environment friendly technology. 4. Conduct researches and recommends to the Sangguniang Bayan necessary measures that will prevent practices harmful to the municipalitys environment. 5. Conduct studies and recommends to the Local Government Unit the most appropriate recycling plant needed by the Municipality. 6. Coordinate with NGOs/POs and other groups in the preparation of framework plan for the sustainable development and assist in the implementation thereat. 7. Coordinate with the Municipal Development Council in the integration of Health and Environment Sanitation in the Municipal Environment Plan. 8. Provide technical assistance Barangay Waste Managers. to the

9. Perform such other functions as may be authorized by law. Section 2. Enforcement Component The Municipal Solid Waste Management Board shall create the enforcement, monitoring and evaluating committee, which shall oversee the implementation of the provision of this

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Ordinance. The MENRO shall be the primary enforcer with the support of the Philippine National Police in case of disputes. a. Enforcement Procedure Apprehension of violators Issuance of Citation Tickets. Payment of fines or service of penalties. The fine should be paid immediately, in case of failure to pay within three (3) days, the apprehending Enforcer shall report to the MENRO of the violation and the name of the concerned violator, the MENRO shall in turn transmit the records of the violation to the Treasurers Office. The Treasurers Office shall send a demand letter to the violator reminding him to pay the fine within one (1) week from receipt of the demand letter. If there is no response from the violator within the period given, a case for violation of the Municipal Ordinance shall be filed in court. b. Place of Payment As a general rule, fines are paid at the Municipal Treasurers Office only. Section 3. SWM Enforcers The SWM Enforcers of the Municipality shall be composed of the following: a. Regular Enforcers are regular staff members of the SWM division and related offices such as the RHU, Municipal Agriculture Office and the Market Revenue Collector. Their functions as Regular enforcers shall be included as part of their regular functions and duties. b. Auxiliary Enforcers Barangay Chairmen, BantayBayan Members, Purok Leaders, Barangay Health Workers and other organizations accredited by the Local Government Unit. c. Volunteers Waste Management Coordinators in schools, NGOs & POs, Media or SK Green Brigade. Civic and Religious organizations, Teacher Enablers, Youth Leaders, Drivers, Women Leaders, Senior Citizen Leaders.

Section 4. Process for Deputation: The Enforcers shall be deputized in accordance with the process provided hereunder: a. LGU-wide orientation b. Submit application by the volunteers to the MENRO Office. c. Screening of volunteers by the MENRO if they met the minimum qualifications, such as: c.1. Must be a resident of Bagabag c.2. Preferably high school graduate c.3. Willingness to undergo training d. Training of volunteers ordinance to be enforced, rules and procedures of apprehension and report preparation. e. Passing of the qualification examinations for enforcers. f. Deputization by the Mayor.

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g. Issuance of IDs/Mayors Appointment h. Probationary period for three (3) months. Section 5. Powers and Duties of Deputized Agents: 5.1 Regular Enforcers a. Coordinate the action and activities of the auxiliary enforcers and deputized volunteers. b. Apprehend violators of SWM Ordinances and issue citation tickets. c. Prepare and submit weekly report to the Head of the SWM division (or enforcement section upon its creation). d. Perform other related functions as may be required by the Head of the SWM (or enforcement section upon its creation) division from time to time. 5.2 Auxiliary Enforcers a. Apprehend violators of SWM ordinances within their areas of jurisdiction and issue citation tickets. The Head or MENRO shall prescribe the specific SWM Ordinances and/or regulations of the Municipality that may be enforced by the auxiliary enforcers. b. Prepare and submit weekly reports to the Head of the SWM division (or Enforcement Section upon its creation). 5.3 Deputized Volunteers a. Apprehend violators of SWM ordinances and issue citation tickets. The Head or MENRO shall provide the specific SWM ordinances and/or regulations of the municipality that may be enforced by the deputized volunteers. b. Immediately return the copies of citation tickets to the nearest regular enforcer. c. Prepare and submit weekly reports to the Head of the SWM division (or Enforcement Section upon its creation). Section 6. There shall be an established network of Barangay Based Solid Waste Committee, which shall be designated as Barangay Waste Managers. a. Establish a communication network through centers and hotlines to facilitate fast and effective monitoring. Promote implementation through contest (e.g. cleanest and greenest or dirtiest) with incentives/prizes to those who implement the project.

b.

There shall be appointed in every barangay a Barangay Waste Manager, preferably the Barangay Health Workers, Nutrition Scholar or Barangay Population Officer and BantayBayan with an additional honorarium to be determined by the Barangay Council. The Waste Manager shall be appointed by the Punong Barangay, and concurred by the Barangay Council. Section 7. The duties of the Barangay Waste Manager: a. Visits residential, commercial, industrial and other establishments and advice them of the proper segregation of refuse, installation of proper drainage and waste containers as provided in this ordinance. b. Report to the Punong Barangay or the MENRO for any uncollected garbage.

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c.

Help implement the provisions of this ordinance applicable to residential, commercial, industrial and institutional areas in his/her respective jurisdiction.

d. Oversee the collection of recyclable materials, and coordinate with accredited dealers or manufacturers of recycled products. e. Assist the concerned agencies in the apprehension/prosecution of all violators of this ordinance. f. Act as Action Officer of the Punong Barangay in the implementation of its Solid Waste Management Plan.

g. Performs such other legal orders as may be authorized with respect to solid waste management. Section 8. Incentives and Rewards. The Local Government Unit shall provide for the grant of incentives and awards to enforcers and others concerned for their meritorious, efficient and outstanding performance in the implementation, enforcement and observance of this ordinance, as follows: a. Incentives shall be given to Regular Enforcers in accordance with the LGU merit and promotion program or a 25 percent share from the fines collected for every apprehension. b. Auxiliary Enforcers shall be given a 25 percent share from fines collected for every apprehension and a Certification of Recognition for every 25 apprehensions. c. Deputized Volunteer Enforcers shall be given a 25 percent share from the actual fines collected not exceeding =P=1,000.00 per violation and a Certificate of Recognition for every 25 apprehensions. The top ten deputized volunteer enforcers based on the actual apprehensions per annum shall be given a plaque of commendation with cash incentive by the Municipal Mayor.

d. Business establishments who efficiently observed and practice the provisions of this ordinance shall be given a plaque of recognition and exemption from the payment of waste management fee for one year. e. For Barangays and other institutions, rewards will come from the Department of Agriculture in terms of seeds and agricultural inputs. f. For informants, after verification of the information and apprehension of the violator/s, shall be given an incentive of 10% from the prescribed fines collected per apprehension.

ARTICLE XII PENAL PROVISIONS.

Section 1. Any person who commits any of the prohibited acts stated in this ordinance, shall be fined and/or penalized as follows:

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Prohibited Acts
a) Non segregation of 4 types of wastes for households.

Fines
=P=500.00

Penalties
Render community service for not less than two (2) days but not more than three (3) days, or both fine and penalty. Render community service for not less than five (5) days, or both fine and penalty.

b) Non segregation of 4 types of wastes for commercial/industrial establishments.

=P=500.00 for small scale establishments 1,500.00 for medium scale establishments 2,500.00 for large scale establishments =P=500.00 for small scale (10 heads and below). =P=2,500.00 for largescale operations. =P= 1,000.00

c) Non compliance for the establishment of stock pile/compost bin for poultry waste; septic tank for piggeries and other livestock.

Imprisonment for not less than one (1) day but not more than ten (10) days, or both fine and penalty.

d) Open burning of agricultural waste by farm owners and workers.

Render community service for not less than five (5) days, or both fine and penalty. Render community service for not less than five (5) days, or both fine and penalty.

e) Open burning of waste by households/commercial and industrial establishments.

=P=500.00 for household & small scale establishments 1,500.00 for medium scale establishments 2,500.00 for large scale establishments =P=300.00

f) Non compliance for the establishment of compost bin for agricultural waste.

Render community service for not less than two (2) days but not more than three (3) days or both fine and penalty.

2) Collection and waste.

Transport

of =P=300.00 Render community service for two (2) days to the LGU where such prohibited acts were committed or both fine and penalty. Render community service for not less than two (2) days but not more than three (3) days or both fine and penalty.

a) Bringing out of waste outside the scheduled day/time of collection.

b) Trucks transporting waste without protective cover.

=P=500.00

c) Non compliance by public utility vehicles to provide proper disposal bins in their depots and units. 3. Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros or parks and establishment or causing or permitting the same. a) Improper disposal of liquid waste and used oil remnants.
* 4. Non compliance in the establishment of MRF in Barangays I schools. and f

=P=500.00

=P=500.00 for petty littering and 1,000.00 for volume dumping.

Payment of corresponding fine and the retrieval of waste by the violator.

=P=500.00

Filing of an administrative case against the barangay officials while school Managers be penalized a fine of =P=1,000.00.

a) Non establishment of I composting facility (composting f bin). I

*If violator is a corporation, firm or other corporate entities, the maximum penalty shall be imposed upon the presidents, managers, directors or persons responsible for its operations.

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ARTICLE XIII FINAL PROVISIONS. Section 1. All provisions of previous Municipal Ordinances, orders, and regulations inconsistent herewith, are hereby amended/modified and or repealed accordingly. Section 2. Separability of Provisions. If any provision of this ordinance, or the application of such provisions to any person or circumstances, is declared unconstitutional, the remaining provisions shall not be affected by such declaration. Section 3. Effectivity. This ordinance shall take effect upon its approval.

UNANIMOUSLY APPROVED. ..

WE HEREBY CERTIFY TO THE CORRECTNESS of the above quoted ordinance.

LITA B. CASTILLO Vice Mayor/Presiding Officer

ATTESTED:

ROMEO A. GERVACIO Secretary to the Sanggunian APPROVED BY:

NESTOR M. SEVILLENA Municipal Mayor Date:

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