DRAFT PROVINCIAL ORDINANCE NO.

______

AN ORDINANCE PROHIBITING THE THROWING,

LITTERING AND DISPOSAL OF GARBAGE OR WASTE
MATTER IN PUBLIC PLACES AND OTHER AREAS NOT DULY
DESIGNATED AS DISPOSAL SITE, AND PROVIDING
PENALTIES THEREOF.

WHEREAS, the general welfare clause under Section 16 of R.A. 7160,

otherwise known as the Local Government Code of 1991, provides in part
that local government units shall ensure and support, among other things,
the perseveration of the comfort and convenience of their inhabitants
within their respective territorial jurisdictions.

WHEREAS, R.A. 7160 likewise provides that local government units

shall endeavor to be self-reliant and shall continue exercising the powers
and discharging the duties and functions currently vested upon them.
They shall also discharge the functions and responsibilities of national
agencies and offices devolved to them pursuant to this Code. Local
government units shall likewise exercise such other powers and discharge
such other functions and responsibilities as are necessary, appropriate, or
incidental to efficient and effective provisions of the basic services and
facilities such as the formulation of pollution control law and other laws
on the protection of the environment;

WHEREAS, Section 3(i) of R.A. 7160 provides that local government

units shall share with the national government unit the responsibility in
the management and maintenance of ecological balance within the
territorial jurisdiction;

WHEREAS, Section 468 (a)(4)(i) of R.A. 7160 also empowers the

Sangguniang Panlalawigan to approve ordinance adopting measures and
safeguards against pollution and for the preservation of the natural
ecosystem in the province, in consonance with approved standards on
human settlements and environmental sanitation;
 WHEREAS, the Provincial Government of Ilocos Norte firmly believes
that a clean and tidy community fosters concern for the environment. To
this end, there is a need to intensify the campaign on proper waste disposal
to prevent ecological and environmental degradation and instill a sense of
discipline, social responsibility and awareness for the environment to
promote ecological justice and sustainable development;

NOW, THEREFORE, be it enacted, as it is hereby enacted by the

Sangguniang Panlalawigan of Ilocos Norte, by virtue of the powers vested
in it by law, in session duly assembled that:

Section 1. TITLE OF THE ORDINANCE. This Ordinance shall be

known as the “Anti-Littering Ordinance of the Provincial Government of
Ilocos Norte (PGIN).”

Section 2. COVERAGE. This Ordinance shall apply to all individual

residents, transients, residential houses, commercial establishments such
as but not limited to groceries, department stores, private or public
markets, talipapa, sari-sari stores, restaurants, hotels, institutions like
schools, hospitals, churches, offices; industrial establishments of any
kind; in all public places such as parks, drainage canals, culverts,
roadsides, rivers, riverbanks, creeks, beaches, streets, alleys, and other
areas not duly designated herein as garbage disposal site, within the
territorial jurisdiction of PGIN.

Section 3. DIFINITION OF TERMS. As used in the Ordinance, the

following terms are defined as follows:

a) Garbage or Waste Matter – used interchangeably in this

Ordinance, refers to solid waste matters, trash, litters, junks,
debris, rubbish, excrements, manure, bits and pieces of
surplus or leftovers, both biodegradable and non-
biodegradable; also includes industrial wastes and liquid
matters such as urine, used oil and other liquid wastes.
b) Throwing/littering – shall refer to the act of scattering,
cluttering, dumping, untidy depositing and/or the smattering
of garbage or waste matter in areas prohibited in this
Ordinance;

c) Duly Designated Areas – shall refer to specific areas identified

as landfill site, compost pit, or materials recovery facilities; also
refers to garbage disposal device or equipment such as trash
bins/receptacles and garbage collection vehicles put in place
by the General Services Office in certain public areas, including
the garbage receptacles inside commercial establishments or
institutional building provided by the owners thereof;

d) Disposal – the act of disposing or placement of garbage or waste

matter;

e) Garbage Disposal Site – shall refer to Engineered Landfill Site,

and Materials Recovery Facilities;

f) Material Recovery Facility – is a place where waste are either

made into compost and/or recycled. It shall include solid
waste transfer station or sorting station, drop-off center, a
composting facility, and a recycling facility;

g) Compost pit – it is a sunken area, hole or cavity in the ground

for organic or biodegradable wastes;

h) Biodegradable Garbage or Compostable Waste – refers to

kitchen wastes, garden wastes, animal wastes, and human
wastes. It shall include any vegetable matter, trash, soiled
tissue, papers, spoiled food, fruits, kitchen left-overs and other
organic wastes easily destroyed or digested by bacteria or
oxidized and reduced to compost and can be used as soil
conditioners or fertilizers;

i) Non-Biodegradable Garbage or Recycled Waste – shall refer to

solid wastes that do not easily decompose or decay by bacterial
 action or oxidation. Rather, it takes a long time of exposure to
moisture before it gets degraded, neutralized and reduced to
compost; e.g. tin cans, plastics, bottles, plastic containers,
glasses, Styrofoam, aluminum, steel, GI sheets, pipes, metals,
rubbers, asbestos, used tires, vehicle parts and construction
debits;

j) Residual Garbage or Non-Recyclable Wastes – shall refer to

useless matters that included disposable diapers, ceramics,
candy wrappers/sachets, used rugs, PVC containers,
containers made from multiple layers of plastic such as
squeezable bottles, and the like;

k) Hazardous Waste – shall refer to batteries, paints, hospital

wastes such as syringes, worn-out broken radios/television
sets, refrigerators, and other appliances or equipment;

l) Waste Disposal Device or Equipment – refers to garbage

collection trucks and garbage receptacles;

m) Public Places – shall include the beaches, path roads,

pathways, vegetation areas, streets, sidewalks, highways,
parks, playgrounds, schools, government offices and any other
edifices publicly used;

n) Waterways – shall include canals, drainage, sewers, creeks,

streams, rivers, swamps and the like;

o) Immediate Surroundings – shall refer to the frontage or vicinity

including up to the mid-span of the road, street, allay or
avenue from the edge of the street gutter, sidewalks of
residential houses, hotels, resorts, business/commercial
establishments or offices whether private or public;

p) Industrial Waste – are organic and inorganic residues,

hazardous materials, hazardous and toxic chemicals, metals
and wood;
 Section 4. PROHIBITED ACTS. The following shall acts shall be
prohibited:

a) To dump, throw or litter, garbage, refuse or any form of solid waste

in public places and immediate surroundings, including vacant lots,
rivers, canals, drainage and other water ways, as defined in Section
3 of this Ordinance and to urinate, defecate and spit in public places;

b) To bring out garbage on the property line of residential and

commercial establishments or any part of the road which must be
stored in properly sealed plastic containers and to be brought
outside only upon arrival of the authorized garbage hauling trucks
in their respective localities;

c) To place, store or dump construction wastes or debris, junked or

under repair vehicles, dilapidated appliances and other immovable
objects in any part of the road, street or avenue or in nay sidewalk
which may obstruct or impede the vehicular and pedestrian traffic;

d) It is unlawful for the owners operators, proprietors of public

conveyance, trucks, lorries, tankers, delivery vans, and other
commercial and transportation facilities to spill, scatter or litter any
kind of form of waste as defined in Section 3 hereof, or any of their
roads on any part of the street or avenue on their way to their
destination; and

e) To spit or urinate in public places or areas not proper for spitting or

urinating, or not designated for spitting or urinating.

Section 5. PENALTY. Any person or entity found to be violating the

provisions of this Ordinance shall have the option to pay the following
penalty in lieu of his prosecution in the proper court:

a) For Individuals/Home Establishment Owners:

First Offense – Php 500.00 Fine

Second Offense – Php 1,000.00 Fine
 Third Offense – Php 1,500.00 Fine

b) For Commercial/Industrial/Institutional Entities:

First Offense – Php 1,000.00 Fine

Second Offense – Php 2,000.00 Fine
Third Offense – Php 3,000.00 Fine

The above-enumerated fine shall be paid to the Office of the

Provincial Treasurer within three (3) working days from date of
apprehension; otherwise, the violator shall be prosecuted in court and
imposed a maximum penalty of Three Thousand Pesos (Php3,000.00) or
made to render a maximum of FORTY (40) hours of Community Service or
both fine and Community Service at the discretion of the Court.

The imposition of Community Service shall be under the supervision

of the Provincial General Services Office or his/her authorized
representative.

Minors apprehended shall be instructed to pick-up their litters or

waste scattered for proper disposal and the Provincial Social Welfare and
Development Officer or authorized representative shall call the attention
of the parents/guardian or concerned school teacher/authority for
counseling.

Section 6. CITATION TICKET. For violating the provisions of this

Ordinance, the Apprehending Officer shall issue a Citation Ticket;

Section 7. CITIZEN’S ARREST. Notwithstanding the Apprehending

Officer’s authority in the preceding section, any citizen who is willing, able
and is an actual witness to any violation of this Ordinance can apprehend
the offender and call the Apprehending Officer deputized and authorized
in the preceding section for appropriate action;

Section 8. ENFORCEMENT. The Local Chief Executive is hereby

empowered to authorize and deputize Apprehending Officers other than
police officers and ordinance officers such as Provincial Auxiliary Police,
Sanitary Inspectors, General Services Office personnel, market personnel,
collectors, and members of environmental groups or Civil Society
Organizations.

Section 9. PROCEEDS OF FINES. Administrative fines collected

through the Citation Ticket issued shall accrue to PGIN under a Special
Fund exclusively to be expended for the project, programs and activities
which include but not limited to:
a) Sanitation;
b) Waste management;
c) Clean and Green program;
d) Linis Probinsya; and
e) Other environment and health project developments.

Section 10. SEPERABILITY CLAUSE. If any provision of this

Ordinance is declared unconstitutional, the same shall not affect the
validity and effectivity of the other provisions hereof.

Section 10. REPEALING CLAUSE. Any ordinance and executive

order inconsistent herewith shall be deemed repealed.

Section 11. EFFECTIVITY. This ordinance shall take effect

immediately upon its approval and publication.