Comprehensive Solid Waste Management Ordinance

7/27/2019 Comprehensive Solid Waste Management Ordinance

1/19

1

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OFTHE SANGGUNIANG BAYAN OF BAGABAG, NUEVA VIZCAYAHELD AT THE SANGGUNIANG BAYAN SESSION HALL ONFEBRUARY 27, 2007 FROM 9:00 A.M. TO 12:05 P.M.

PRESENT: HON. LITA B. CASTILLO Presiding OfficerHON. SONNY B. DANIELHON. ED G. AFALLAHON. MELCHOR B. DUMANGENGHON. FILMA B. DULAYHON. FERDINAND DOUGLAS R. INALDO

HON. RODOLFO S. ABON, SR. LMB PresidentHON. ROSALINDA C. RAMISCAL SKMF President

ABSENT: HON. EDDIE A. LAYAHON. VLADIMIR PAUL B. JANDOC

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 SOLIDWASTE MANAGEMENT PROGRAM FOR THE MUNICIPALITY OF

BAGABAG, NUEVA VIZCAYA, PROVIDING PENALTIES FORVIOLATION 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 LocalGovernment Unit is mandated to promote health and safety and enhancethe right of the people to a balanced ecology hence, it is committed tothe protection, preservation and conservation of the ecosystem within itsjurisdiction;

WHEREAS, the unsystematic waste disposal by households andcommercial/industrial establishments causes unsightly surroundings,polluted environment and spread of communicable diseases;

WHEREAS, the practice of waste segregation to facilitate re-useand recycling does not only reduce the cost of collection and disposal ofgarbage but also conserves the natural resources or materials and avoidwasteful consumption of goods;

NOW THEREFORE, be it enacted by the Sangguniang Bayan ina session assembled to establish a Comprehensive Solid WasteManagement Program for the Municipality of Bagabag, Nueva Vizcaya;

ARTICLE I TITLE OF ORDINANCE. This ordinance shall be known asTHE COMPREHENSIVE SOLID WASTE MANAGEMENTORDINANCE 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 residentialhouses, commercial establishments such as; but not limited tohotels, restaurants, cinema houses, public markets, departmentstores, groceries, institutions like hospitals, schools, churches,public and private offices; industrial establishments like factories,rice-mills, plants and other establishments of any kind andagricultural areas.


2/19

2

ARTICLE III AUTHORITY. This ordinance is enacted to supplement theprovision of existing laws and ordinances related to solid wastemanagement, MC No. 88, s, 1994, sec. 17 of RA 7160, Executive OrderNo. 192, Republic Act No. 9003 (The Ecological Solid WasteManagement Act of 2000) and Department of Environment and NaturalResources (DENR) Administrative Order (DAO) No. 2001-34, whichembodied 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 toimprove the quality of life of the people of Bagabag, inan atmosphere of a healthy, sanitized and anecologically balanced environment, through anintegrated waste management and sustainabledevelopment.

Section 2. Objectives The objectives of the Ordinance are thefollowing:

a. To ensure round-the-clock cleanliness throughorderly and sanitary waste management system.

b. To cease and desist from utilization of opengarbage dumps which serve as breeding places ofinsects that cause diseases, foul odors and harmfulfumes; emit greenhouse gases which contribute toglobal warming and thinning of the ozone layer;generate leachate which pollute soil and waterresources and create unhealthy scavengingactivities in the vicinity.

c. To eradicate unsightly, uncovered and overflowingwaste containers in streets, public places, and open

spaces.

d. To maximize and optimize sanitary resourcerecovery for feeds, fuel, materials, energy, etc. and

e. To minimize pollution arising from harmful gases,smoke, particles produced by needlessburning/dumping; polluted runoffs into watersources/supply; and hazardous substances.

Section 3. Purposes This ordinance is enacted for thefollowing purposes:

a. To promote and protect the health, safety, peace,convenience and general welfare of the inhabitantsof the Municipality.

b. To enhance the total environment of themunicipality through the necessary control andmitigation of negative environmental impacts ofsolid waste.

c. To guide, control and regulate the generation,storage, collection, transportation and disposal ofsolid and liquid wastes within the municipality andpromote an orderly and sanitary system for the

same.

d. To determine the generation of solid waste andmaximize possible resource recovery/recycling andutilization by:

- maximizing the use of goods andconsumption of foods;


3/19

3

- allocating fair inputs in the production ofgoods, foods and services;

- encouraging the salvaging of possiblerecoverables from solid wastes for re-useand/or recycling back to production process;

- encouraging the recycling and resourcerecovery of waste in ones backyard throughcomposting and biogas production; and

- providing assistance and cooperation in therecycling of solid waste in disposal sites.

ARTICLE V DEFINITION OF TERMS

Section 1. The technical terms used in this ordinance aredefined as follows:

Agricultural Waste shall refer to waste generated

from planting or harvesting of crops, trimming orpruning of plants and wastes or run-off materialsfrom farms or fields.

Biodegradable any material that can be reducedinto finer particles degraded or decomposed bymicrobiological organisms or enzymes. This issynonymous with compostable.

Bulky Waste shall refer to waste materials, whichcannot be appropriately placed in separatecontainers because of its bulky size, shape or otherphysical attributes. These include large worn-out or

broken household, commercial, and industrial itemssuch as furniture, lamps, bookcases, filing cabinets,and other similar items.

Collection shall refer to the act of removing solidwaste from the source or from a communal storagepoint.

Compost decayed organic material for use as soilconditioner or fertilizer.

Composting biological degradation undercontrolled conditions; the process of making

biodegradable such as food waste, garden waste,animal waste, human waste, into compost by mixingthem with soil, water and whenever necessary,biological additives or activators, and air.

Consumer Electronics shall refer to special wastesthat include worn-out, broken, and other discardeditems such as radios, stereos, TV sets, toys andother household appliances.

Disposal shall refer to the discharge, deposit,dumping, spilling, leaking or placing of any solidwaste into or in any land.

Disposal Site shall refer to a site where solidwastes are finally discharged and deposited.

Domestic waste is the refuse from households, asdistinguished from industrial waste, agriculturalwaste, hospital waste, etc., which may be classifiedas biodegradable or compostable and non-biodegradable or non-compostable.


4/19

4

Enzymes any of various complex organicsubstances, as pepsin, originating from living cellsand capable of producing certain chemical changesin organic substances by catalytic action as indigestion; unorganized ferment.

Factory returnable all non-biodegradable, non-compostable such as cans/metals; bottles/glassesincluding 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 orplaced in one sack or sacks (cans, bottles,containers already rinsed) and are sold/given awayto collectors.

Food materials all food wastes, peelings, veggietrims, 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-ripefruits, juices e.g. buko juice, etc. which can be madeinto vinegar, wine or nata-de-coco, nata-de-pia,etc.

Fertilizer materials all compostables orbiodegradables such as garden waste (leaves,twigs, weeds), animal waste (manures, carcasses),human waste, etc., are made into compost fororganic gardening.

Filling materials residue left after optimumutilization of waste. Such materials can becompacted or pressed together, mixed with othermaterials, such as rice chaffs, and used forappropriate construction projects.

Fine crafts materials any of the non-biodegradables which could be used as materials forhandicrafts, cottage industries, art works, toys, andother livelihood projects such as paper mache,paper basketry, tin crafts, metal crafts, plastic twinesor rope braids, feather crafts and wooden crafts.Styrofoam melted in small amount of gasoline

solvent provides cheap glue or binder for many ofthe projects.

Food material include certain kinds of seeds, pulp,peelings, that are made into pickles, sweets orcandies or snacks.

Functional facilities/equipment usedequipment/facilities devised or created fromdiscards, throwaways, junks, scraps, e.g. chairs,tables, doormats, play equipments from rubber tires,roofing from milk cans, flower pots, planters fromplastic bags, sacks, containers, etc.

Generation shall refer to the act or process ofproducing solid waste.

Generator shall refer to a person, natural orjuridical, who last uses a material and makes itavailable for disposal or recycling.

Green charcoal another form from the fuel or grasscharcoal, manufactured from compostable, organic,


5/19

5

cellulotic materials with the use of enzymes to breakdown the lining or binding materials, after which it ismolded and dried then used in charcoal-fed stoves.

Hazardous waste shall refer to solid waste orcombination of solid waste which because of itsquantity, concentration, or physical, chemical orinfectious characteristic may:

1. cause, or significantly contribute to anincrease in mortality or an increase inserious irreversible, or incapacitatingreversible, illness; or

2. pose a substantial present or potentialhazard to human health or the environmentwhen improperly treated, stored,transported, or disposed of, or otherwisemanaged.

Landfill leachate the downward seeping of waterthrough the landfill carrying with it the dissolvedwater-soluble contents of the waste, which may becollected by the underground drainage or watersystem.

Large Scale Business Establishments refers tobusiness establishments having gross receipts fromits operations ranging from =P=250,000.00 andabove from the preceding year.

Leachate shall refer to the liquid produced whenwaste undergo decomposition, and when water

percolate through solid waste undergoingdecomposition. It is a contaminated liquid thatcontains dissolved and suspended materials.

Medium Scale Business Establishments refers tobusiness establishments having gross receipts fromits operations ranging from =P=40,000.00 or morebut not less than =P=250,000.00 from the precedingyear.

Municipal Waste shall refer to wastes producedfrom activities within local government units, whichinclude a combination of domestic, commercial,

institutional and industrial wastes and street litters.

Open Dump shall refer to a disposal area whereinthe solid wastes are indiscriminately thrown ordisposed of without due planning and considerationfor environmental and health standards.

Post Consumer Materials shall refer only to thosematerials or products generated by a business orconsumer which have served their intended enduse, and which have been separated or divertedfrom solid waste for the propose of being collected,processed and used as a raw material in themanufacturing of recycled product, excludingmaterials and by-products generated from, andcommonly used within an original manufacturingprocess, such as mill scrap.

Receptacles shall refer to individual containersused for the source separation and the collection ofrecyclable materials.


6/19

6

Recycling the re-use, retrieval, re-commission ofany element or matter for any and all purposesnecessary to healthful and productive living; theprocess by which waste materials are transformedinto new products in such manner the originalproducts may lose their identity.

Re-use shall refer to the process of recoveringmaterials intended for the same or different purposewithout the alteration of physical and chemicalcharacteristics.

Resource recovery shall refer to the collection,extraction or recovery of recyclable materials fromthe waste stream for the purpose of recycling,generating energy or producing a product suitablefor beneficial use: Provided that, such resourcerecovery facilities exclude incineration.

Sanitary Landfill shall refer to a waste disposal site

designed, constructed, operated and maintained in amanner that exerts engineering control oversignificant potential environmental impacts arisingfrom the development and operation of the facility.

Segregation shall refer to a solid wastemanagement practice of separating differentmaterials found in solid waste in order to promoterecycling and re-use of resources and to reduce thevolume of waste for collection and disposal.

Small Scale Business Establishments refers tobusiness establishments having gross receipts from

its operations ranging from =P=10,000.00 or morebut not less than =P=40,000.00 from the precedingyear.

Solid waste this includes anything thrown away,such as garbage, rubbish, trash, litter, junk, andrefuse from any source (homes, business, farms,industries, or institutions); this is a discardedmaterial with insufficient liquid content to flow.Examples are those non-liquid wastes from thedomestic, commercial, agricultural and industrialactivities which can be divided into severalcomponents under two broad categories:

1. Biodegradable compostable putrescible.There are four (4) groups of wastes underthis 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, soiledpads, sanitary napkins, etc.


7/19

7

2. Non-biodegradable non-compostable non-putrescible. There are ten (10) groupsof wastes under this category:

2.1 Metals: tin cans, iron, lead, copper,silver, etc.

2.2 Glasses: bottles, cullets (brokenglass), 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: dry papers, cardboards,etc.;

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 ofwaste at the point of generation or at the very placewhere they are produced into biodegradable andnon-biodegradable.

Special Wastes shall refer to household hazardouswastes such as paints, thinners, householdbatteries, lead-acid batteries, spray canisters andthe like. These include wastes from residential andcommercial sources that comprise of bulky wastes,consumer electronics, white goods, yard wastes thatare collected separately, batteries, oil and tires.These wastes are usually handled separately fromother residential and commercial wastes.

Recycling of domestic waste the full utilization ofdomestic waste into factory-returnables, feeds,fertilizers, fuels, fine crafts, fermentables, and fillingmaterials; either by man-made or nature-designedrecycling schemes.

White Goods shall refer to large worn-out brokenhousehold, commercial, and industrial appliancessuch as stoves, refrigerators, dishwashers, andclothes washers and dryers collected separately.White goods are usually dismantled for the recoveryof specific materials (e.g. copper, aluminum, etc.)


8/19

8

Zero waste resource management system is anecological method of handling waste that does notdegrade the environment nor pollute air, water, andsoil, and facilitate their sanitary retrieval, re-use orrecycling.

ARTICLE VI WASTE AND STORAGE REGULATIONS.

Section 1. Residential Areas.

a. Residents shall learn the four (4) types of waste:Biodegradable or compostable and non-biodegradable/non-compostable, residual waste andspecial waste, shall be stored and segregated at thesite or place where they are generated.

b. The concerned residents shall ensure that thegenerated solid waste shall be properly separated inthree (3) enclosed containers for recoverables, left-overs, compostables and others. The left-overs or

feeds refuse shall either be directly given to theanimals as feeds or stored temporarily forcomposting and/or biogas productions.

c. Residents shall choose proper containers such ascans, sacks, bags, bins, etc. that will facilitatesanitary, efficient handling, storage, collection,transport or disposal at least cost. Food wastesshall be placed in covered cans or pails. Gardenand human wastes in sacks, cans and bags; and thenon-compostables in sacks, bags or boxes.

d. Public thoroughfares, public utility depots and

grounds in front or in the vicinity of residentialhouses shall be kept clean and tidy by theowner/lessee, of the house or/building anddrivers/operators at all times and provide for theputting of proper waste disposal bins in theirresidents and areas of operation.

e. Trees, shrubs and other vegetations within thevicinity of residence shall be regularly cared for andmaintained to minimize generated wastes/yardwastes and unpleasant sight.

Section 2. Commercial and Market Area.

a. The covered storage containers for segregatedcommercial wastes shall be provided eithercommunal or individual and placed in areas easilyaccessible for collection and transport; whenevernecessary, communal storage facilities shall beprovided jointly by the Municipality and theBarangay Government. This communal storagefacility should be enclosed and possibly on wheels.

b. The enclosed communal receptacles shall belocated along the collection route where thegenerated wastes shall be removed and transportedto the disposal and recycling factory site.

c. The lobby and fronting sidewalk immediate groundsof commercial establishments such as shops, stalls,stores, restaurants, caterers, carenderias, barbershops, beauty parlors, recreational andentertainment facilities like theaters, billiard halls,folk houses, beer gardens, disco pubs, cocktaillounges, dancing halls, cabarets, bistros, ktv


9/19

9

(videoke) houses and others, shall be maintainedclean and presentable by the owner/operator/lesseeof the establishment.

d. The fronting sidewalks, parking areas of public utilityvehicles and immediate areas of stalls/open spacesof markets shall be kept clean and orderly by thelessee of said stall/space and drivers/operators ofpublic utility depots at all times.

e. The Market Supervisor, Sanitary Inspector andWaste Managers shall see to it that these provisionsare enforced and the vicinity is made clean at alltimes.

Section 3. Institutional and Industrial Areas.

a. The head of any institutional/industrial firms shallensure the segregation, proper and hygienic storageof generated wastes in receptacles/containers within

their compound; and be disposed only to communalreceptacles for segregated waste so provided in thearea; or when the collection vehicle so passes in thearea.

b. Hazardous wastes shall be stored safely inappropriate, durable, and duly covered receptacles,which should be located in a secured and distantsite, prior to final collection/disposal.

c. The head of any institutional/industrialfirm/establishment shall ensure the cleanliness andorderliness of its facilities, yards, and its fronting

sidewalk and street.

d. Hazardous waste (chemical, biological, andradioactive substances) shall be stored, collectedand transported, and disposed of in accordance withapplicable laws, guidelines, rules and regulations ofthe Environmental Management Bureau-Department of Environment and Natural Resources(EMB-DENR), Department of Health (DOH), and thePhilippine Nuclear Research Institute (PNRI).

Section 4. Agricultural Areas, Poultry and Livestock and SwineFarms.

Homogenous agricultural wastes (rice straws, corn cobs,leaves, animal manures, etc. shall be properly stockpiled/storedby the concerned farmer, and through the use of enzymesconvert the same into compost or soil conditioner. Poultry,livestock, and swine manure shall be recycled to become organicfertilizer. The Municipality and Barangay Governments shall,under its human and ecological security and sustainabledevelopment programs see to it that the individual orestablishment be provided with technical assistance and whenfinances warrant, financial assistance in this respect. TheMunicipal Agriculture Office is mandated to include in its programthe conversion of homogenous agricultural wastes into organicfertilizers 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 amongothers, the cigar/cigarette butts, boxes/packages, candy/bread


10/19

10

wrappers, match sticks, disposable diapers, food packages,sugar canes dropped from hauling trucks on and along thenational highway and municipal streets.

Section 6. Liquid Waste.

a. No liquid waste coming from residential homes shallbe allowed to stagnate. Liquid waste coming fromthe kitchen, bathrooms, etc. shall be allowed to flowto the municipal drainage canals from the residentsin a concrete canal, and duly covered canal.Residents with no communal drainage shall notthrow or allow to flow their liquid waste directly tothe creek. A blind drainage shall be made for thispurpose. All sewers shall be kept clean andcovered.

b. No used oil coming from engines, motor vehicles,etc. shall be thrown directly to canals, to thegrounds; or to any other places; for such oil being

non-biodegradable will return back to us in someother way; through our water pumps; and will causeorganic disease. The Municipal Government shallinclude in its Environmental Management Plan asystem of proper disposal of used oil. In theabsence of such, all automotive shops, motorvehicle owners, and other establishmentsdischarging used oil, shall recycle the same.

ARTICLE VII WASTE PROCESSING AND RESOURCE RECOVERY.

Section 1. Waste in Residential Areas.

a. Segregated recyclables shall be properly storedbefore collection. These recyclables shall becollected separately and brought to recyclingcenters, eco-centers or junk dealers, established byeither the government, private entrepreneurs,peoples organizations and non-governmentorganizations.

b. Food and kitchen refuse shall be collected asfodder or feeds for animals. The spoiled portionsthat is not suitable as fodder or feeds shall becomposted.

Section 2. Wastes in Commercial Areas.

a. Segregation of wastes from commercial areas,shopping malls, restaurants, commercialcomplexes, recreational centers, etc. shall bemandatory before the issuance or renewal ofbusiness permits. The Municipal Health Officershall see to it that the provision is complied with,before any health certificate is issued.

b. The Market Supervisor, shall adopt a segregationscheme that will facilitate the segregation ofrecyclables, food/vegetable wastes, and non-recyclable wastes and require stall holders andspace occupants to dispose their wastes into thesegregated covered containers, installed properlyin designated places in the market sector that areaccessible for collection and transport.

c. Food wastes from commercial centers (e.g. foodcenters, restaurants, canteens, etc.) shall be


11/19

11

collected as fodder/animal feeds and shall not bedisposed to sewers.

Section 3. Industrial/Institutional Wastes.

a. In industrial establishments, segregation ofbiodegradable/compostable and non-biodegradable/non-compostable wastes shall beperformed to avoid foul odors and proliferation offlies.

b. Schools (both private and public) shall adoptappropriate resource recovery and recyclingstrategies.

c. Hazardous wastes shall be treated before disposaland shall be disposed of only after getting properassistance/guidance from concerned agencies.

d. Industrial liquid wastes shall be treated and must

meet the required effluent standards prescribed bythe DENR and other concerned agencies before thesame can be discharged or disposed.

e. The Municipal Government shall ensure that liquidwastes coming from the municipal sewerage systemshall pass through a silting pond for the treatmentbefore 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 aproper location and composted. Animal manure canalso be composted or used for biogas production.

b. Liquid wastes coming from washing ofpoultry/livestock farms should not be dischargeddirectly to the creek/rivers; for such is one source offood dinoflagellates, which causes red tidepoisoning. The Municipal Agriculture Office ismandated to conduct research and find means thatcan stop this practice and other agricultural wastesrecycled and made productive.

ARTICLE VIII COLLECTION AND TRANSPORTATION OF SOLIDWASTES.

Section 1. Residential Areas.

a. The concerned resident shall ensure that the solidwastes are brought out in front of his gate/doorand/or along the collection route of the collectionvehicle; during the collection period.

b. He shall report to the Municipal Health Officer and orthe General Services Officer or concerned officialsfor any uncollected solid wastes within the vicinity ofhis residence.

c. Garbages not segregated and placed in containersapproved and designed by the Local GovernmentUnit shall not be collected and shall be treated asdisposed of in violation of the anti-littering provisionof this ordinance and shall be penalized accordingly.

Section 2. Commercial Areas.


12/19

12

a. The owner/lessee of any enterprise shall be

responsible for the timely positioning of stored solidwastes during collection period which shall belikewise assisted whenever necessary in thesanitary means of loading wastes for collectionpurposes. Wastes coming from these areas shallalso be segregated in accordance with the provisionof this Ordinance.

b. He shall remind the General ServicesOffice/Municipal Health Office in the collection ofuncontrolled solid wastes and other related matters.

Section 3. Institutional/Industrial Areas.

a. The head of any institutional/industrial establishmentshall assist the Local Government Unit in the orderlyand sanitary way of collecting and transporting solidwastes.

b. The collection and transport of any hazardouswastes shall be duly coordinated with thegovernment agencies concerned.

ARTICLE IX DISPOSAL OF SOLID WASTES.

Section 1. Residential Solid Wastes.

a. Incineration or open burning of solid wastes in allbackyards shall be prohibited. Residual wastesafter resource recovery, recycling and compostingshall be disposed of in the sanitary landfill.

Section 2. Institutional Solid Wastes.

a. Hospitals, embalming establishments and othersimilar institutions solid wastes especially infectiouswastes shall be treated in the appropriate treatmentfacility and the treated wastes shall be disposed ofin separate compartments in the sanitary landfill.Chief of hospitals and establishments shall see to itthat this provision is strictly observed and followed.

Section 3. Industrial Solid Wastes.

a. Hazardous wastes shall be treated before disposaland shall be disposed of only after getting theproper assistance/guidance from concernedgovernment agencies.

b. Other hazardous wastes shall be disposed of, inaccordance with the laws, rules and regulationsand guidelines from the concerned nationalagencies like Environmental Management Bureau-Department of Environment and Natural Resources(EMB-DENR), Department of Health (DOH) and thePhilippine Nuclear Research Institute (PNRI).

c. Solid wastes that could be utilized for organicfertilizers such as mudpross, etc. shall be stockedin designated areas and kept wet to prevent airpollution and shall be distributed to farmers for soilimprovement.

d. All industrial establishments are mandated to installstandard anti-pollution devices and shall see to itthat such an establishment shall not become


13/19

13

source either directly or indirectly of air, water, seaand ground pollution.

For the purpose of this section, sugar caneand rice chaffs littering along national highwaysand municipal streets, coming from hauling trucksis considered ground pollution. Truckingoperators/drivers are mandated to install haulingdevices that will prevent the spilling out of sugarcane and rice chaffs from hauling trucks.

ARTICLE X WASTE MANAGEMENT FEE FOR SOLID WASTEMANAGEMENT SERVICES.

Section 1. The annual waste management fee shall be collectedfrom the following:

TYPE OFESTABLISHMENT

WASTEMANAGEMENT FEE

Household/Residential =P=400.00 per year or=P=100.00 per quarter

Commercial (Small Scale) =P=500.00 per year

Industrial and Large ScaleCommercial Establishments

=P=750.00 per year

Institutions =P=650.00 per year

Section 1.a. Household/Residential establishment can opt topay the waste management fee on a monthlybasis.

Section 1.b. All Commercial and Industrial Establishments

whether small, medium or large scale are requiredto pay the waste management fee as aprerequisite in obtaining their respective BusinessLicenses.

Section 2. The annual waste management fee shall be collectedby the Municipal Treasurer or the duly designatedauthorized representative, together with other chargesfor all residents and establishments transacting businesswith the Municipal Government who shall in turn issuethe corresponding Waste Disposal Clearance dulysigned by the Environment and Natural ResourcesOfficer of the Municipality, to be incorporated in the

Business License.

Section 3. Barangay Treasurers as deputized by the MunicipalTreasurer, shall be responsible for the collection ofwaste management fee from all barangay households.Twenty five percent (25%) of the amount collected shallaccrue to the Barangay General Fund. On or before theend of the first quarter of every year, the deputizedBarangay Treasurers shall remit to the MunicipalTreasurer the share of the Municipal Government. Thebarangay share shall likewise be deposited at theMunicipal Treasurers Office, and credited to the generalfund of the respective barangays.

Section 4. Tipping fee will be collected from the dumpsite usersdepending on solid waste they generate for disposal.For these users, they will pay tipping fee for directlyusing the disposal facility. The pay as you throwscheme will be imposed based on the volume of wastegenerated and to be disposed in the facility.


14/19

14

Tipping Fee An amount of Ten Pesos (=P=10.00) per3 cubic meters loose volume shall be collected in thedumpsite.

Section 5. Collections from fees shall form part of the GeneralFund of the Municipality, from which maybe drawn theAnnual SWM Budget for personnel services, operations,maintenance and capital outlay. While collection fromfines and penalties shall be set aside to form part of theSWM Fund.

ARTICLE XI CREATION OF THE MUNICIPAL ENVIRONMENT ANDNATURAL 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. 95-130, there is hereby created a MunicipalEnvironment and Natural Resources Office, headed

by a duly appointed/designated MunicipalEnvironment and Natural Resources Officer, whosefunctions/skills shall be the following:

1. Conduct massive information anddissemination, such that the provisions ofthis ordinance shall reach every householdof the Municipality.

2. Enforce the provisions of this ordinance incoordination with other agencies mandatedby law to perform environmental and healthsanitation services.

3. Conduct researches and advocacy for theuse of environment friendly technology.

4. Conduct researches and recommends to theSangguniang Bayan necessary measuresthat will prevent practices harmful to themunicipalitys environment.

5. Conduct studies and recommends to theLocal Government Unit the most appropriaterecycling plant needed by the Municipality.

6. Coordinate with NGOs/POs and othergroups in the preparation of framework planfor the sustainable development and assistin the implementation thereat.

7. Coordinate with the Municipal DevelopmentCouncil in the integration of Health andEnvironment Sanitation in the MunicipalEnvironment Plan.

8. Provide technical assistance to theBarangay Waste Managers.

9. Perform such other functions as may beauthorized by law.

Section 2. Enforcement Component

The Municipal Solid Waste Management Board shallcreate the enforcement, monitoring and evaluating committee,which shall oversee the implementation of the provision of this


15/19

15

Ordinance. The MENRO shall be the primary enforcer with thesupport 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. Thefine should be paid immediately, in case offailure to pay within three (3) days, theapprehending Enforcer shall report to theMENRO of the violation and the name of theconcerned violator, the MENRO shall in turntransmit the records of the violation to theTreasurers Office.

The Treasurers Office shall send a demandletter to the violator reminding him to pay thefine within one (1) week from receipt of thedemand letter.

If there is no response from the violator withinthe period given, a case for violation of theMunicipal Ordinance shall be filed in court.

b. Place of Payment

As a general rule, fines are paid at the MunicipalTreasurers Office only.

Section 3. SWM Enforcers

The SWM Enforcers of the Municipality shall becomposed of the following:

a. Regular Enforcers are regular staff members of theSWM division and related offices such as the RHU,

Municipal Agriculture Office and the MarketRevenue Collector. Their functions as Regularenforcers shall be included as part of their regularfunctions and duties.

b. Auxiliary Enforcers Barangay Chairmen, Bantay-Bayan Members, Purok Leaders, Barangay HealthWorkers and other organizations accredited by theLocal Government Unit.

c. Volunteers Waste Management Coordinators inschools, 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 withthe process provided hereunder:

a. LGU-wide orientationb. 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 Bagabagc.2. Preferably high school graduatec.3. Willingness to undergo training

d. Training of volunteers ordinance to be enforced,rules and procedures of apprehension and reportpreparation.

e. Passing of the qualification examinations forenforcers.

f. Deputization by the Mayor.


16/19

16

g. Issuance of IDs/Mayors Appointmenth. Probationary period for three (3) months.

Section 5. Powers and Duties of Deputized Agents:

5.1 Regular Enforcersa. 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 itscreation).

d. Perform other related functions as may be requiredby the Head of the SWM (or enforcement sectionupon its creation) division from time to time.

5.2 Auxiliary Enforcersa. Apprehend violators of SWM ordinances within their

areas of jurisdiction and issue citation tickets. The

Head or MENRO shall prescribe the specific SWMOrdinances and/or regulations of the Municipalitythat may be enforced by the auxiliary enforcers.

b. Prepare and submit weekly reports to the Head ofthe SWM division (or Enforcement Section upon itscreation).

5.3 Deputized Volunteers

a. Apprehend violators of SWM ordinances and issuecitation tickets. The Head or MENRO shall providethe specific SWM ordinances and/or regulations ofthe 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 itscreation).

Section 6. There shall be an established network of BarangayBased Solid Waste Committee, which shall be designated asBarangay Waste Managers.

a. Establish a communication network through centersand hotlines to facilitate fast and effective

monitoring.b. Promote implementation through contest (e.g.cleanest and greenest or dirtiest) withincentives/prizes to those who implement theproject.

There shall be appointed in every barangay a BarangayWaste Manager, preferably the Barangay Health Workers,Nutrition Scholar or Barangay Population Officer and Bantay-Bayan with an additional honorarium to be determined by theBarangay Council. The Waste Manager shall be appointed bythe 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 propersegregation of refuse, installation of proper drainageand waste containers as provided in this ordinance.

b. Report to the Punong Barangay or the MENRO forany uncollected garbage.


17/19

17

c. Help implement the provisions of this ordinanceapplicable to residential, commercial, industrial andinstitutional areas in his/her respective jurisdiction.

d. Oversee the collection of recyclable materials, andcoordinate with accredited dealers or manufacturersof recycled products.

e. Assist the concerned agencies in theapprehension/prosecution of all violators of thisordinance.

f. Act as Action Officer of the Punong Barangay in theimplementation of its Solid Waste ManagementPlan.

g. Performs such other legal orders as may beauthorized with respect to solid waste management.

Section 8. Incentives and Rewards.

The Local Government Unit shall provide for the grant ofincentives and awards to enforcers and others concerned fortheir meritorious, efficient and outstanding performance in theimplementation, enforcement and observance of this ordinance,as follows:

a. Incentives shall be given to Regular Enforcers inaccordance with the LGU merit and promotionprogram or a 25 percent share from the finescollected for every apprehension.

b. Auxiliary Enforcers shall be given a 25 percent share

from fines collected for every apprehension and aCertification of Recognition for every 25apprehensions.

c. Deputized Volunteer Enforcers shall be given a 25percent share from the actual fines collected notexceeding =P=1,000.00 per violation and aCertificate of Recognition for every 25apprehensions. The top ten deputized volunteerenforcers based on the actual apprehensions perannum shall be given a plaque of commendationwith cash incentive by the Municipal Mayor.

d. Business establishments who efficiently observedand practice the provisions of this ordinance shall begiven a plaque of recognition and exemption fromthe payment of waste management fee for one year.

e. For Barangays and other institutions, rewards willcome from the Department of Agriculture in terms ofseeds and agricultural inputs.

f. For informants, after verification of the informationand apprehension of the violator/s, shall be given anincentive of 10% from the prescribed fines collectedper apprehension.

ARTICLE XII PENAL PROVISIONS.

Section 1. Any person who commits any of the prohibited actsstated in this ordinance, shall be fined and/or penalizedas follows:


18/19

18

*If

I

f

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 i ts operations.

Prohibited Acts Fines Penalties

a) Non segregation of 4 types ofwastes for households.

b) Non segregation of 4 types ofwastes for commercial/industrialestablishments.

c) Non compliance for theestablishment of stock pile/compostbin for poultry waste; septic tank forpiggeries and other livestock.

d) Open burning of agriculturalwaste by farm owners and workers.

e) Open burning of waste byhouseholds/commercial andindustrial establishments.

f) Non compliance for theestablishment of compost bin foragricultural waste.

=P=500.00

=P=500.00 for smallscale establishments1,500.00 for mediumscale establishments2,500.00 for large scaleestablishments

=P=500.00 for smallscale (10 heads andbelow).=P=2,500.00 for large-scale operations.

=P= 1,000.00

=P=500.00 forhousehold & smallscale establishments1,500.00 for mediumscale establishments2,500.00 for large scaleestablishments

=P=300.00

Render community servicefor not less than two (2) daysbut not more than three (3)days, or both fine and

penalty.

Render community servicefor not less than five (5)days, or both fine andpenalty.

Imprisonment for not lessthan one (1) day but notmore than ten (10) days, orboth fine and penalty.

Render community servicefor not less than five (5)days, or both fine and

penalty.

Render community servicefor not less than five (5)days, or both fine andpenalty.

Render community servicefor not less than two (2) daysbut not more than three (3)days or both fine andpenalty.

2) Collection and Transport ofwaste.

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

b) Trucks transporting waste withoutprotective cover.

c) Non compliance by public utilityvehicles to provide proper disposalbins in their depots and units.

=P=300.00

=P=500.00

=P=500.00

Render community servicefor two (2) days to the LGUwhere such prohibited actswere committed or both fineand penalty.

Render community servicefor not less than two (2) daysbut not more than three (3)days or both fine andpenalty.

3. Littering, throwing, dumping ofwaste matters in public places, suchas roads, sidewalks, canals, esterosor parks and establishment orcausing or permitting the same.

a) Improper disposal of liquid wasteand used oil remnants.

=P=500.00 for pettylittering and 1,000.00for volume dumping.

Payment of correspondingfine and the retrieval ofwaste by the violator.

4. Non compliance in theestablishment of MRF in Barangaysand schools.

a) Non establishment ofcomposting facility (compostingbin).

=P=500.00

Filing of an administrativecase against the barangayofficials while schoolManagers be penalized afine of =P=1,000.00.


19/19

ARTICLE XIII FINAL PROVISIONS.

Section 1. All provisions of previous Municipal Ordinances,orders, and regulations inconsistent herewith, are herebyamended/modified and or repealed accordingly.

Section 2. Separability of Provisions. If any provision of thisordinance, or the application of such provisions to anyperson or circumstances, is declared unconstitutional,the remaining provisions shall not be affected by suchdeclaration.

Section 3. Effectivity. This ordinance shall take effect upon itsapproval.

UNANIMOUSLY APPROVED...

WE HEREBY CERTIFY TO THE CORRECTNESS of the abovequoted ordinance.

LITA B. CASTILLOVice Mayor/Presiding Officer

ATTESTED:

ROMEO A. GERVACIO

Secretary to the Sanggunian

APPROVED BY:

NESTOR M. SEVILLENAMunicipal Mayor

Date:

Comprehensive Solid Waste Management Ordinance

Documents

Transcript of Comprehensive Solid Waste Management Ordinance