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Republic of the Philippines BARANGAY PICO Muncipality of La Trinidad BARANGAY PICO JC-214 Km.

5, La Trinidad, Benguet BARANGAY ORDINANCE NUMBER 04, S. 2011 By: Valred Olsim AMENDING BARANGAY ORDINANCE NO. 05 OF 1998 ON THE ECOLOGICAL SOLID WASTE MANAGEMENT OF BARANGAY PICO WHEREAS, Barangay Pico is committed to the protection, preservation and conservation of the ecosystem; WHEREAS, it is the responsibility of the Barangay to effectively and efficiently implement the Solid Waste Management System under Republic Act No. 9003 in its territorial jurisdictions; WHEREAS, there is a need to update Barangay Ordinance no. 5, series of year 1998, entitled, An Ordinance Providing for the Solid Waste Management of Barangay Pico and providing funds thereof for the purpose of complying with the more comprehensive solid waste management provisions of R.A. No. 9003. WHEREAS, Section 16 of the Local Government Code (RA 7160) also provides: SEC. 16. General Welfare. Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things . . . promote health and safety, enhance the right of the people to a balanced ecology, maintain peace and order, and preserve the comfort and convenience of their inhabitants. WHEREAS, the unsystematic waste disposal by households and commercial/industry establishments cause unsightly surroundings and spread of communicable diseases, not to mention the danger it brings to the environment; WHEREAS, the practice of waste segregation to facilitate reuse and recycling does not only reduce the cost of collection and disposal of garbage but conserves the natural resources of materials and avoid wasteful consumption of goods; NOW THEREFORE, BE IT ORDAINED BY THE SANGGUNIANG BARANGAY IN SESSION ASSEMBLED THAT: ARTICLE I Title of the Ordinance This Ordinance shall be known as the Comprehensive Solid Waste Management Ordinance of Barangay Pico ARTICLE II Coverage This Ordinance shall apply to all residential houses; commercial establishments such as restaurants, eateries, department stores, groceries, sari-sari stores, auto-repair shops; institutions like hospitals, schools, churches, public and private offices; industrial establishments of any kind; and agricultural areas situated within the territorial jurisdictions of Barangay Pico of the Municipality of La Trinidad. Page 1

ARTICLE III Authority and Purpose/Goals SECTION 1. Authority. This Ordinance is enacted to implement the provisions of Republic Act No. 9003 which mandates the proper segregation and collection of household wastes. SECTION 2. Purpose. This Ordinance is enacted for the following purposes: a) To guide, control and regulate the generation of solid wastes within the Barangay and promote an orderly and sanitary system for the same; b) To enhance the total environment of the locality through the necessary control and mitigation of negative environmental impacts of solid waste; c) To promote and protect the health, safety, peace and convenience of the general welfare of the inhabitants of the Barangay; d) To minimize the generation of solid resource/recovery/recycling and utilization by: waste and maximize possible

- Maximizing the use of goods and consumption of foods; - Encouraging the salvaging of possible recoverables from solid wastes for re-use and/or recycling back to production process; and - Encouraging the recycling and resource recovery of wastes in own backyards through composting. SECTION 3. Goal. The primary goal of this Ordinance is to enhance ecological balance of the community through sustainable and integrated waste management. SECTION 4. Objectives. The objectives of this Ordinance are the following: a) to ensure round-the-clock cleanliness through the orderly management of waste; b) to eradicate unsightly, uncovered and overflowing waste containers in streets, public places and open spaces; c) to maximize and optimize sanitary resource recovery for feeds, materials and others; and d) to minimize pollution arising from harmful gases, smoke particulates produced by needless burning/dumping, polluted runoffs into water sources/supply, and hazardous substances. ARTICLE IV Definition of Terms SECTION 5. Technical Terms. The technical terms used in this Ordinance shall be defined as follows: a) Biodegradable any material that can be reduced into finer particles (degraded or decomposed) by microbiological organisms or enzymes (synonymous with compostable). b) Biodegradable Wastes fruit & vegetable peelings, spoiled food & leftovers, vegetable trimmings, fish scales, egg shells, seafood shells, animal entrails & carcasses, corn cobs & sheaths, rice hulls, peanut shells, wet newspapers & cardboards, wet papers & cartons, coconut shells & husks, seeds, garden & grass clippings, pet/poultry/livestock manure, chipped branches and sawdust; c) Compost decayed organic material for use as soil conditioner or fertilizer. d) Composting biological degradation under controlled conditions; the process of making biodegradables such as food waste, garden waste, animal waste and human waste into compost by mixing them with soil, water, biological additives/activators (optional) and air. e) Domestic Waste refuse from households, as distinguished from industrial waste, hospital waste, etc. which may be classified as biodegradable (compostable) or non-biodegradable (noncompostable). Page 2

f) Recyclable Wastes dry papers & newspapers, dry cardboards & cartons, plastic materials like plastic containers, plastic water bottles, plastic bottle caps, PVC & PE pipes, computer casing, tin cans & covers, aluminum cans, iron steel, copper wires, broken transparent glasses, glass bottles, toner cartridges, computer ink cartridges.Ordinance g) Residual Wastes sando bags, packing wrappers, styropors/styrofoams, cigarette butts, worn out plastic sacks, dirt from sweepings, worn out rags, sanitary napkins, disposable diapers, plastic straws, parlor & barbershop waste, household medicine bottles, broken ceramics, colored broken glasses, coco fiber from cushions, poultry feathers. h) Special Wastes paint & thinner containers, spray canisters, household batteries, pharmaceutical waste, spoiled, spilled, expired cosmetic waste, lead-acid batteries, used oil filters, broken tiles. i) Bulky Wastes used rubber tires; garden debris; destroyed TV sets, radios, stereos, washing machines, dryers, stoves, refrigerators, & dishwashers; broken furniture, filing cabinets, book cases, beds & cushions. ARTICLE V Segregation of Wastes SECTION 6. Mandatory Segregation of Solid Wastes. The segregation of wastes shall primarily be conducted at the source, to include household, institutional, industrial, commercial and agricultural sources: Provided, That wastes shall be segregated into the categories provided in Section 2 of this Article. SECTION 7. Requirements for the Segregation and Storage of Solid Waste Pending Collection. The following shall be the minimum standards and requirements for segregation and storage of solid waste pending collection: a) There shall be a suitable container such as a plastic bag or the like for the ecological solid waste before these are brought out along the streets or being brought out at the assigned dumping areas. b) There shall be a separate container/assigned place for each type of waste from all sources: Provided, that in the case of bulky waste, it will suffice that the same be collected and placed in a separate and designated area; and c) The solid waste container depending on its use shall be properly marked or identified for onsite collection as follows:

-nabubulok na maaari pang pakinabangan; and -nabubulok na di na mapapakinabangan.

ARTICLE VI Collection and Disposal SECTION 8. Residential Areas. The garbage shall be collected through the present system of collection within the Barangay. Independent collection systems of the composite barangays shall be followed. SECTION 9. Schools, Churches, and Business Establishments. All garbage in these locations shall also be collected in the same manner as in Section 8. SECTION 10. Agricultural Areas. Agricultural areas shall convert organic wastes into compost in their respective areas.

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SECTION 11. Industrial Areas. All factories and plants shall separate their garbage into toxic and non-toxic. It is mandatory that all factories contact the industrial waste exchange (IWE) to exchange their wastes with others who may be able to use them. Existing industrial areas already having their proper way of collection and disposal shall continue practicing the same. SECTION 12. Time of dumping of ecological solid wastes for collection at the collection sites shall only be within the time of garbage collection schedule prescribed by the barangay. ARTICLE VII Penal Provisions SECTION 13. Prohibited Acts and Its Fines and Penalties. The following acts are prohibited and its corresponding Fines and Penalties: (1) Bringing out and dumping of garbage outside of collection day and proper time of dumping for collection, indiscriminately dumping garbage, littering, throwing, dumping of solid waste matters in public places, such as roads, sidewalks, canals, drainage systems, curbs and gutters, esteros or parks, creeks, rivers, tributaries, rivulets and other natural waterways, and establishment, or causing or permitting the same; (2) Bulky wastes, non-biodegradable or biodegradable, shall not be stock piled for more than a day, as not to be a nuisance/eyesore to the community. (3) The open and indiscriminate burning of residual and special wastes; (4) Causing or permitting the collection of non-segregated or unsorted waste/nonsegregation of wastes into biodegradable, recyclable, and residual/special; (5) Non segregation of wastes; For paragraphs (1) to (5): First Offense Warning Second Offense Php250.00 &/or Render Five (5) Days Community Service, or both Third Offense Php500.00 &/or Render Ten (10) Days Community Service, or both Subsequent - Php1, 000.00 or Render Twenty (20) Days Community Service, or both (6) Households and establishments that do not provide receptacles/containers for their refuse/solid waste; First Offense Warning Second Offense Php50.00 &/or Render One (1) Day Community Service, or both Third Offense Php150.00 &/or Render Two (3) Days Community Service, or both Subsequent Php250.00 &/or Render Five (5) Days Community Service, or both (7) Not keeping the surrounding areas and immediate premises clean by establishments, institutions, households and other concerned occupants. Streets shall be kept clean by occupants or owners of properties lining the street from the line of the property to the middle of the street and from one property to the other. First Offense Warning Second Offense Php150.00 &/or Render Three (3) Days Community Service, or both Third Offense Php300.00 &/or Render Six (6) Days Community Service, or both Subsequent - Php500.00 &/or Render Ten (10) Days Community Service, or both

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If the offense is committed by a corporation, partnership, or other juridical entity duly organized in accordance with law, the chief executive officer, president, general manager, managing partner or such other officer-in-charge shall be liable for the commission of the offense penalized under this Ordinance. SECTION 14. Violators shall not be given barangay clearances until he/she has paid and/or served his/her fines/penalties. Their names also shall be posted at conspicuous places in the barangay. SECTION 15. Protest Any protest or complaint regarding the penalty or the manner of issuing violation tickets, shall be brought to the Barangay Officer-on-duty, or the Punong Barangay for clarification or settlement. SECTION 16. Utilization of Collected Fines. Thirty percent (30%) of the collected fines shall accrue to the General Fund for appropriations for the next fiscal year and the remaining Seventy percent (70%), which shall be called as Ecological Solid Waste Management (ESWM) Fund, shall be used for the following within the fiscal year of which the fines were collected: (1) Honoraria for the Barangay Brigade of Eco-aides; * (2) Procurement of Materials, Equipment, Protective Gears and other items necessary for the proper implementation of the Ecological Solid Waste Management of the Barangay (3) Information, education, communication and monitoring activities of the Ecological Solid Waste Management of Barangay Pico. (4) Acquisition of products, facilities, technologies and processes necessary to enhance proper ecological solid waste management; (5) Transportation/Hauling of ecological solid wastes; (6) Awards and incentives; (7) Research programs; (8) Technical assistance; (9) Capability-building activities; and (10) Maintenance and other related activities, programs, etc. for the Materials Recovery Facility of Cluster. ARTICLE VIII The Barangay Brigade of Eco-Aides. SECTION 17. Composition. The BBEA shall be composed of a minimum of three personnels duly appointed by the Barangay Captain. They shall be residents of the barangay and not charged with any infractions against the law. They shall be headed by the Committee Chairman of the Solid Waste Management Program. SECTION 18. Roles and Duties. 1. Act as a roving team to ensure compliance of the ordinance among the residents of the barangay. Duly record violators and report to the Committee head on SWM Program. 2. Issue violation tickets to non-complying persons/establishments or ordinance violators. 3. Remind residents about the law on solid waste management and educate residents on effective management of wastes.

ARTICLE IX Miscellaneous Provisions SECTION 19. Citizen Suits. For purposes of enforcing the provisions of this Ordinance, any citizen may file an appropriate civil or criminal action in the barangay against any person who violates or fails to comply with the provisions of this Ordinance. The Barangay concerned shall exempt such action from payment of filing fees.

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SECTION 20. Separability Clause. If any provision of this Ordinance or the application of such provision to any person or circumstances is declared unconstitutional, the remainder of this Ordinance or the application of such provision to other persons or circumstances shall not be affected by such declaration. SECTION 21. Repealing Clause. All existing ordinances and resolutions of this barangay found to be inconsistent herewith are hereby repealed or modified accordingly. SECTION 22. Effectivity. This Ordinance shall take effect in accordance with the provisions of the Local Government Code of 1991. UNANIMOUSLY CARRIED. Signed this 28th day of October, 2011 at Barangay Pico, La Trinidad, Benguet Province.

RAMON K. SALDA Kagawad

LANDO S. PALITAYAN Kagawad

FILOMENA P. PAGEDPED Kagawad

VALRED E. OLSIM Kagawad

WYLER O. LUBOS Kagawad

MELECIO D. BASINGA Kagawad

MANUEL P. ANDRES Kagawad

SHYLEEN S. DONGA-EL SK Chairperson

CERTIFIED CORRECT:

JUAN A. MENDOZA Punong Barangay

ATTESTED:

JOE D. DAULAYAN Barangay Secretary

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