solid waste final draft

SOLID WASTE ORDINANCE

Republic of the Philippines Province of Camarines Sur MUNICIPALITY OF CALABANGA -o0o-

PROPOSED ORDINANCE

³AN ORDINANCE ENACTING THE ECOLOGICAL SOLID WASTE MANAGEMENT ORDINANCE OF THE MUNICIPALITY OF CALABANGA, CAMARINES SUR , PROVIDING PENALTIES IN VIOLATIONS THEREOF.´ Proponent: COUNCILOR JUDE ANTHONY C. HILADO Co-proponent: COUNCILOR JOHN PAUL S. STA. ANA

WHEREAS, the municipality is committed to the pr otection, preservation, and conservation of the ecosystem; WHEREAS, it is the responsibility of the local government to eff ectively ectively and eff iciently iciently implement the Ecological So lid Waste Management ESWM) Act as mandated in R.A. 9003; WHEREAS, the impr o per disposal of so lid wastes by househo lds, commercial, industrial and establishments cause unsightly surr oundings, polluted envir onment, and spread of communicable diseases; WHEREAS, the practice of waste segregation to f acilitate acilitate reuse and recycling does not only reduce the cost of collection and disposal of garbage but conserves the natural sources of materials and avoid wastef ul ul consumption of goo ds; NOW, THEREFORE, be it enacted by the Sangguniang Bayan of Calabanga, Camarines Sur during its sessio n that:

ARTICLE ± I TITLE OF ORDINANCE Section 1. Title ± This Ordinance shall be known as the Ecological Solid Waste Management Ordinance of the Municipality Calabanga Camarines Sur.

ARTICLE ± II COVERAGE Section 2. Coverage ± This Ordinance shall apply to all residential houses, commercial establishments such as hotels, restaurants, cinema houses, public markets, department stores, gr oceries, and other recreational f acilities; acilities; institutions like hospitals, schoo ls, churches, public and private off ices, ices, industrial establishments like f act actories, plants, and other establishment of any kind and agricultural areas.

ARTICLE ± III AUTHORITY, PURPOSES, GOAL, AND OBJECTIVES Section 3. Authority ± This Ordinance is enacted to supplement the pr ovisio ns Sb/jexfiles©2011

of existing 1


laws and ordinances related to solid waste management. Section 4. Purpose ± This Ordinance is enacted for the following purposes: a. To guide, contr ol, and regulate the generation, storage, collection, transportation, resource recovery and disposal of so lid wastes within the locality and pr omote an orderly and sanitary system for the same; b. To enhance the total envir onment of the locality thr ough the necessary contr ol and mitigation of negative envir onmental impacts of solid wastes; c. To pr omote and pr otect the health, saf ety, peace and convenience, and general welf are the inhabitants of the municipality.

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d. To minimize generation of solid waste and maximize possible resource recovery/recycling and utilization by: 1. Maximizing the use of goo ds and consumption of foods; 2. Allocating f air inputs in the pr oduction of goods, foods, and services; 3. Encouraging the salvaging of possible ³recoverables´ f r om so lid wastes for reuse and/or recycling back to pr oduction pr ocess; 4. Encouraging the recycling and resource recovery of wastes in own backyard thr ough composting and biogas pr oduction; and 5. Pr oviding assistance and coo peration in the recycling of so lid waste in the disposal sites.

Section 5. Goal ± The primary goal of this Ordinance is t o enhance eco logical balance of the community thr ough sustainable and integrated waste management. Section 6. Objectives ± The Objectives of this Ordinance are the following: a. To ensure r ound-the-clock cleanliness thr ough orderly waste management; b. To cease and desist f r om utilization of o pen garbage dumps which serve as breeding places of insects causing disease, foul odors, and harmf ul f umes; emit ³greenhouse gases´ which contribute to glo bal warming and thinning of ozone layer; generate ³leachate´ which po llute soil and water resources and create unhealthy scavenging activities in the vicinity; c. To eradicate unsightly, uncovered and over fl owing waste containers and materials in streets, public places, o pen spaces and bodies of water;

other

waste

d. To maximize and o ptimize sanitary resource recovery for food, f eeds, f uel, energy, etc.; and

e. To minimize pollution arising f r om harmf ul gases, smoke, particulates pr oduced by needless burning/dumping; polluted runoff s into water resources/supply; and hazardous substance.

ARTICLE ± IV DEFINITION OF TERMS Section 7. Definition ± The technical terms used in this Ordinance shall be def ined as follo ws: a. Biodegradable ± ref ers to any material that can be reduced into f iner particles (degraded or decomposed) by micr o bio logical organism or enzymes (synonymous with compostable). b. Bulky Wastes ± shall ref er to waste materials which cannot be appr o priately placed in Sb/jexfiles©2011

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separate containers because of either its bulky size, shape or other physical attributes. These include large worn-out or br oken household, commercial, and industrial items such as f urniture, lamps, boo kcases, f iling cabinets and other similar items. c. C ollection ± shall ref er to the act commo n storage point.

of

removing solid waste f r o m the source or f r om a

d. C ompost ± is decayed organic material for use as soil conditio ner of f ertilizer.

e. C omposting ± is bio logical degradation under contr olled conditions; the pr ocess of making biodegradables such as food waste, garden waste, animal waste, human waste, into compost by mixing them with soil, water, bio logical additives or activators (o ptional) and air. f.

C ontrolled Dump ± shall ref er to disposal site at which so lid waste is deposited in accordance with the minimum prescribe d standards of dumpsite o peration.

g. Disposal ± shall ref er to the discharge, deposit dumping, spilling, leaking or placing any so lid waste into or in any land.

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h. E cological Solid Waste Management ± shall ref er to the systematic administration of activities which pr ovide for segregation at source, segregated transportation, storage, transf er, pr ocessing, treatment, and disposal of so lid waste and all other waste management activities which do not harm the envir onment. i.

F eed Materials ± are all food waste, peelings, vegetable trims, f ish entrails, fowl innards, spoiled f ruits, le f tovers, eggshells, rice/f ish/meat washings, etc. that should be co llected and kept in covered containers as hog/chicken/pet/f ish f eeds.

j.

F ermentables ± are f ruit peelings, spoiled or over -ripe f ruits, juices, e.g. buk o juice, that are made into vinegar, wine, or ³nata-de-coco´,´nata-de- piña´.

k. F ertilizer Materials ± all co mpostable or biodegradables such as garden wastes (leaves, twigs, weeds), animal waste (manure carcasses), human wastes (f eces, urine, bloo d, all excreta, soiled wipes, pads, diapers (minus plastic portions), that are made co mpost for organic gardening. l.

F ood Material ± includes seed, pulp, peelings that are made into pickles, ³sweet´, candies, or snacks.

m. F unctional F acilities/ Equipment ± are usef ul equipment or f acilities devised or created f r o m discards, thr owaways, junks, scraps, e.g. chair, tables, doormats, play equipment f r o m rubber tires, r oof ing milk cans, f lower pots, ³planters´ f r o m plastic bags, sack, containers, etc. Charcoal ± is another form of f uel or grass charcoal, manuf actured f r om compostable, organic, cellulotic material with the use of enzymes to break down the lining or binding material, af ter which it is mo lded and dried and then used in charcoalf ed stoves.

n.

G reen

o.

I ncineration

± is the contr olled pr ocess which combustible wastes are burned and

changes into gases and residues that contain little or none combustible materials. p.

Leachate ± is

the downward and seeping of water thr ough the landf ill carrying with it the disso lved waster -soluble contents of the waste which may be co llected by an undergr ound drainage or water system. 3 Sb/jexfiles©2011


q. Materials Recovery F acility ± shall include so lid waste transf er station or sorting station, dr o p-off center, and a recycling f acility.

pen Burning ± shall ref er to the thermal destruction of waste by means of direct exposure to f ire. Furthermore, this def initio n shall apply to traditional small ± scale methods of community sanitation ³siga´.

r.

O

s.

O pen

t.

P erson(s)

u.

P utrescible ± is

Dump ± shall ref er to a disposal area wherein the so lid wastes are indiscriminately thr own or disposed of without due planning and consideration for envir onmental and health standards. ± shall ref er to any being, natural or juridical, susceptible o bligations, or of being the subject of legal relations.

of

rights and

a substance that decomposes at a certain temperature in contact with air and mo isture; generally containing nitr ogen.

v. Residual ± shall ref er to the residue or something lef t over af ter completion of a pr ocess. w. Recycling ± the reuse, retrieval, re-commissio n of element/matter for any and all purposes necessary to healthf ul and pr oductive living; the pr ocess by which wastes materials are transformed into new pr oducts in such a manner that the original pr oducts may loss their identity. x. Recycling of domestic waste ± the f ull utilization of do mestic waste int o f actoryreturnable¶s¶ (ar ound 50-60%), f eed (about 20%), f ertilizer (about 30%), f uels, f ine craf ts, f ermentable with little lef t for f illing material. (Pr o portions vary with the kind of community, the more aff luent the more f actory returnable). This includes both mandevised and nature designed recycling schemes. y. Re-use ± shall ref er to the pr ocess of recovering materials intended for the same diff erent purpose without the alteration of physical and chemical characteristics.

or

z. Resource Recovery ± is the extraction of materials or energy f r o m wastes. aa. Segregation ± shall ref er t o sorting and segregation of diff erent materials found in so lid waste in order to pr omote recycling and re-use of resources and to reduce the vo lume of waste for collection and disposal. bb. Segregation at Source ± the segregation or separatio n of waste at the point of generation or at the very place where they are pr oduced, into biodegradable and non- biodegradable cc. Storage ± shall ref er t o the interim container of solid waste af ter generation and prior t o collection for ultimate recovery or disposal. dd. Solid Waste Management F acility ± shall ref er to any resource recovery system or component thereof ; any system, pr ogram or f acility for resource conservation, transf er, pr ocessing, treatment, or disposal of so lid waste.

ee. Solid Waste Management ± the purposef ul, systematic contr ol of the generation, storage, collection, transport, separation, pr ocessing, recycling, recovery, and f inal disposal of so lid waste.

ff. Waste ± this shall re f er to all kind of wastes as follows: 1. A gricultural Waste ± shall ref er to waste generated f r om planting or harvesting of cr o ps, trimming or pruning of plants and wastes or run-off materials f r o m f arms or Sb/jexfiles©2011

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SOLID WASTE ORDINANCE f ields.

2. Domestic Waste ± is the re f use f r o m househo lds, as distinguished f r o m industrial waste, agricultural waste, hospital waste, etc. which may be classif ied as biodegradable or non- biodegradable. 3. H azardous

Waste ± shall ref er to solid waste or combination of so lid waste which because of its quantity, concentration, or physical, chemical or inf ectious characteristics may: cause, or signif icantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or pose a substantial present or potential hazard on human health or the envir onment when impr o perly treated stored, transported, or disposed of , or otherwise managed.

4. Special Wastes ± shall ref er to household hazardous wastes such as paints, thinners, househo ld batteries, lead-acid batteries, spray canisters and the like. These include wastes f r o m residential and commercial sources that comprise of bulky wastes, consumer electr onics, white goods, yard wastes that are collected separately, batteries, oil, and tires. These wastes are usually handled separately f r om other residential and commercial wastes. 5. Solid waste ± this includes anything thr own away, such as garbage, rubbish, trash, litter, junk, and re f use f r om any source (homes, businesses, f arms, industries, or institutions); this is a discarded material with insuff icient liquid content to f low. Examples are those non-liquid, wastes resulting f r om the do mestic, commercial, agricultural and industrial activities which can be divided into several co mponents under two br oad categories: 5.1. BIO-DEGRADABLE ± There are four (4) gr oups of waste under this category such as: i. Foo d (coo king) waste/kitchen waste: peelings, lef tovers, vegetable trims, f ish/fowl/meat/animal entrails/ innards/ cleanings, sof t shells, seeds; ii. Agricultural (garden) waste: leaves/f lowers, twigs, branches, stems, r oots, trimmings, weeds, seeds/inedible f ruits; iii. Animal waste: manure/urine, carcasses; and iv. Human waste: excreta, soiled pads, sanitary napkins. 5.2. NON-BIODEGRADABLE ± There are ten (10) gr oups of waste under this category: i. Metals such as, tin cans, aluminum, ir on, lead, co pper, silver; ii. Glasses: bottles, cullets (br oken glass), sheets (shards), mirr ors, bulbs; iii. Plastics: polyethylene (bags), polypr o pylene (Styr ofo am) , polyvinyl (tubes, pipes, lino leum), polyacetate (f ibers, cloth, rayon); iv. Rubber (natural and synthetic): tires, goods; v. Papers: dry papers, cardboards; vi. Dry pr ocessed f ibers: cloth, twine; vii. Leathers: skin, f eathers; viii. Hard shells; ix. Bones; and x. R ocks.

gg. Z ero Waste Resource Management System ± is an ecological method of handling waste that does not degrade the envir onment not p olluted the air, water, and soil and f acilitates in their sanitary retrieval or recycling.

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ARTICLE ± V SOLID WASTE MANAGEMENT BOARD Section 8. Creation of the Municipal Ecological Soli d Waste Management Board ± There shall be created a Municipal Eco logical Solid Waste Management Board which shall prepare, submit and implement a plan for the saf e and sanitary management of so lid waste generated in the municipality. a. Composition of the Municipal Ecological Soli d Waste Management Board. 1. Chairperson: ± Municipal Mayor 2. Members : ± Sangguniang Bayan Members (chairpersons of either the Committees on Envir onment or Health); ± President, Liga ng mga Barangay; ± Chairperson of the Sangguniang Kabataan Federation; ± Representative f r om NGOs; ± Representative f r om the recycling industry; and ± Representative f r o m the manuf acturing or packaging industry. ± Representative of each concerned government agency possessing relevant technical and marketing expertise as may be determined by the board.

Municipal Solid Waste Management Board may, f r om time to time, call on any concerned agencies or sectors as it may deem necessary, pr ovided f urther, that representatives f r o m NGOs, recycling and manuf acturing or packaging industries shall be selected thr ough a pr ocess designed by themselves and shall be endorsed by the government agency representatives of the Board. b. Duties and Responsibilities ± The Municipal Ecological So lid Waste Management Board shall have the following duties and responsibilities: 1. Develo p the Municipal Ecological Solid Waste Management Plan that shall ensure the long-term management of so lid waste, as well as integrate the various so lid waste management plans and strategies of the barangays. In the develo pment of the Solid Waste Management Plan, it shall conduct consultations with the various sect ors of the community; 2. Ado pt measures to pr omote and ensure the viability and eff ective implementation of solid waste management pr ograms in its co mponent barangays; 3. Monitor the implementation of the Municipal Ecological So lid Waste Management Plan thr ough its various political subdivisio ns and in coo peration with the private sect or and the NGOs; 4. Ado pt specifi c revenue-generating measures to pr omote the viability of its So lid Waste Management Plan; 5. Convene regular meetings for purposes of planning and coo rdinating the implementation of the solid waste management plans of the respective co mponent barangays; 6. Oversee the implementation of the Municipal Ecological So lid Waste Management Plan; 7. Review every two (2) years or as the need arises the Municipal Ecological Solid Waste Management Plan for purposes of ensuring its sustainability, viability, eff ectiveness and relevance in relation to develo pments in the f ield of solid waste management; 8. Develo p the specif ic mechanics and guidelines for the implementation of the Municipal Eco logical So lid Waste Management Plan; 9. Reco mmend to appr o priate ol cal government authorities specif ic measures or pr o posals for f ranchise or build-o perate-transf er agreements with duly recognized institutions, pursuant to R.A.6957, to pr ovide either exclusive or non-exclusive authority for the co llection, transf er, storage, pr ocessing, recycling or disposal of municipal so lid waste. The pr o posals shall take int o consideration appr o priate government rules and regulations on contracts, f ranchise and build-o perate-transf er agreements; 6 Sb/jexfiles©2011


10. Pr ovide the necessary logistical and o perational support to its component in consonance with subsection (f ) of Sec. 17 of the Local Government Code; 11. Reco mmend measures and saf eguards against pollution and for the preservation of the natural ecosystem; 12. Coordinates the efforts of its co mponents barangays in the implementation of the Municipal Eco logical So lid Waste Management Plan; 13. Spearhead in the information dissemination of the Waste Management to diff erent sect ors of the community; 14. Encourage its constituents to patr onize pr oducts manuf actured using recycled and recyclable materials; and 15. Formulate policies, schemes and calendar (the time and manner) of solid waste collection. Section 9. Barangay Ecological Soli d Waste Management Committee (BSWMC) ± There shall also be created a Barangay Eco logical Solid Waste Management Committee at the barangay level with the f unctions and responsibilities stipulated in the RA9003.

a.

Composition 1. One Sangguniang Barangay Kagawad; 2. Sangguniang Kabataan chairperson; 3. President of ho me owners association; 4. Public/private schoo l principals or representative; 5. A parent/teacher¶s association president or representative; 6. One religious organization representative; 7. One business co mmunity representative; 8. One envir onmental NGO representative; 9. President of market vendor¶s association; and 10. One representative f r o m junksho p owner¶s association.

b. Duties and Responsibilities 1. Formulate the barangay¶s SWM pr ogram consistent with the municipal SWM plan; 2. Segregate/collect biodegradable, compostable and reusable waste; 3. Establish materials recovery f acility; 4. Allocate barangay f unds and loo k for sources of f und; 5. Organize core coordinat ors; and 6. Submit monthly report to the city/ municipality.

ARTICLE ± VI WASTE GENERATION AND STORAGE Section 10. Responsibilities an d Duties of Every Resi dent of the Municipality ± Every inhabitant, owner or lessee of residential, industrial or commercial establishments in the Municipality shall o bserve and maintain cleanliness as well as orderliness in their respective pr o perty-area of responsibility which shall be started f r o m the primary and f undamental principle of Waste Disposal Management, the SEGREGATION of wastes according to their specif ic classif ication or kind; biodegradable, non- biodegradable and recyclables, poisonous, hazardous or inf ectious waste. Therefore they shall be oriented pr o perly on the r ole that they are going to per form. a. FOR RESIDENTIAL AREAS:

1. Residents shall learn the two (2) kinds of waste, namely; BIODEGRADABLE or compostable and NON-BIODEGRADABLE or non-compostable. These two (2) kinds of waste shall be stored and segregated at the site or place where they are generated. 2. The concerned residents shall ensure that the generated solid waste shall be pr o perly separated in enclosed containers for recoverables, lef tovers/ compostables, and Sb/jexfiles©2011

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SOLID WASTE ORDINANCE others.

The lef tovers or kitchen wastes shall either be directly given to the animals as f eed or stored temporarily for composting/ or biogas pr oduction. 3.

Residents shall choo se appr o priate containers such as cans, sack, bags, bins, etc. that will f acilitate sanitary, eff icient handling, storage, collection, transport, or disposal at least cost. Food waste shall be placed in covered cans or pails. Garden and human waste in sacks and cans and bags and the non compostable in sacks, bags, or boxes.

4.

Public

thor oughf ares and gr ounds in f r ont or in the vicinity of residential houses shall be kept clean and tidy by the owner or lessee of the house or building at all times.

5. Trees, shrubs and other vegetation within the vicinity of the residences shall be regularly cared for and maintained to minimize generated yard wastes and unpleasant sight. b. FOR COMMERCIAL AREAS:

1. Owners/o perators/lessee of any co mmercial establishments shall be oriented on waste minimization and segregation on site. They shall be re- oriented about it every renewal of their Mayor¶s Permit. 2. The storage containers for segregated commercial wastes shall be co mmunal or individual with cover depending on its location for collection and transport pr ocess. 3.

The lo bby and f r onting sidewalks or immediate gr ounds of co mmercial establishments shall be maintained clean and presentable by the owner/o perator/lessee of the establishments.

4. The f r onting sidewalks and immediate areas of stall or o pen spaces of markets shall be kept clean and orderly by the lessee of said stall or space at all times. c.

FOR INSTITUTIONAL/INDUSTRIAL AREAS: 1. The head of any institutional or industrial f irm shall ensure the pr o per and hygienic storage of generated and segregated waste in receptacles or containers that shall be situated along the collection r outes.

2. The head of any institutional or industrial f irm or establishment shall ensure the cleanliness, sanitation and orderliness of its f acilities, yards, and f r onting sidewalks and streets. 3.

Hazardous wastes shall be segregated f r o m other wastes and shall be st ored saf ely in goo d, durable, and duly covered receptacles which should be located in secured and distant site prior to f inal co llection and transport.

4. Hazardous waste (chemical, bio logical, and radioactive substances) shall be stored, collected and transported and disposed of in accordance with applicable laws, guidelines, rules and regulation of the Envir onmental Management Bureau of the Department of the Envir onmental and Natural Resources (EMB-DENR), Department of Health (DOH), and the Philippines Nuclear Research Institute (P NRI). d. FOR AGRICULTURAL AREAS: (which includes Farms for Livest ock, poultry)

1. Homogenous agricultural wastes (rice straws, corn co bs, leaves, animal manure) shall be pr o perly stockpiled and stored by the concerned f armer for composting or other waste transformation pr ocesses. Section 11. Littering ± No person shall litter and scatter solid waste in street, highways, sidewalks, and other public places (parks, playgr ounds, rivers). Solid waste shall include among others, cigar/cigarette butts, boxes/ packages, candy/bread wrappers, match stick, disposable diapers, food packages. Sb/jexfiles©2011

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ARTICLE ± VII WASTE PROCESSING AND RESOURCE RECOVERY Section 12. Segregation an d Volume Reduction ± the following shall be the pr ocess of segregation and reduction of solid wastes: a. FOR RESIDENTIAL AREAS: 1. Segregated recyclables shall be pr o perly stored before collection. These recyclables shall be collected separately and br ought to Integrated Solid Waste Management Facility, Barangay Materials Recovery Facilities, recycling centers, eco-center or junk dealers.

2. Local Waste Manager shall be designated in every barangay who shall oversee the collection of recyclables and shall be responsible in coordinating with accredited dealers or manuf acturers of recycled pr oducts. 3.

Foo d and kitchen ref use shall be co llected as fodder or f eeds for animals. Those portions that are not suitable as fodders shall be composted. Those who have no backyards for composting must enr oll with their respective barangay for pr o per collection.

b. FOR COMMERCIAL AREAS: 1. Segregation of wastes f r om commercial areas shall be mandatory before the issuance of or renewal of business permits.

2. The owner/lessee/occupant of commercial establishment shall ado pt a segregation scheme that will f acilitate the segregation of recyclables, food/vegetable waste, nonrecyclable, etc. 3.

Foo d wastes f r om co mmercial center shall be co llected as fodder or animal f eeds and shall not be disposed to sewers or drainage systems.

c. FOR INDUSTRIAL/INSTITUTIONAL AREAS: 1. In industrial establishment, segregation of biodegradable and non- biodegradable waste shall be per formed to avoid foul odors and pr olif eration of f lies.

2. Schoo ls (both public and private) shall ado pt appr o priate resource recovery and recycling strategies. 3.

Hazardous wastes shall be incinerated guidance f r o m concerned agencies.

only

af ter getting pr o per assistance or

d. FOR AGRICULTURAL AREAS: 1. Agricultural wastes shall not be burned but shall be stockpiled in a pr o per location and co mposted. Animal manure can also be co mposted or used for biogas pr oduction.

ARTICLE ± VIII COLLECTION AND TRANSPORT OF SOLID WASTES Section 13. Collection an d Transportation ± the following shall be the pr ocess collection and Transportation of so lid wastes f r o m diff erent areas as follows:

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a. RESIDENTIAL AREAS: 1. The concerned resident shall ensure that the solid waste are segregated and br ought out in f r ont of his gate or door and/or along the collection r oute of the collection vehicle during the co llection period;

2. The resident shall report to the Barangay Coo rdinat or or concerned Sb/jexfiles©2011

off icial for

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unco llected solid waste within the vicinity of his/her residence; 3.

Garbage shall be placed in an appr o priate container.

4. The specif ic date and hour of garbage collection in particular location or area shall be scheduled by the Municipal Eco logical Solid Waste Management Board. b. COMMERCIAL AREAS: 1. The owner/o perator/lessee of any enterprise shall be responsible for the timely positioning of stored segregated solid wastes during collection period which shall be made known in advance by the pr o per authorities which shall likewise assist wherever necessary in the sanitary means of loading wastes for collection purposes; and

2. He/She shall remind the concerned wastes and other related matters.

off icial

in the co llection

of

unco llected solid

c. INSTITUTIONAL/INDUSTRIAL AREAS: 1. The head of any institutional/industrial establishment shall assist the Municipal Government in the orderly and sanitary way of collecting and transporting its so lid wastes.

2. The co llection and transportation of any hazardous waste shall be duly coo rdinated with the Municipal Health off ice and or government agencies concerned with such type of waste.

Section 14. Areas an d schedule of garbage collection ± The Municipal Ecological So lid Waste Management Board shall formulate a specif ic time and schedule as to the kind of solid wastes to be collected. The scheduled time for c ollection shall be widely disseminated thr ough the Barangay Eco logical So lid Waste Management Council.

An Executive Order for this purpose shall be issued locality.

for

compliance

of all

concerned in the

Section 15. No segregation No Collection ± Garbage not segregated and not placed in an appr o priate container shall not be collected. ³NO SEGREGATION NO COLLECTION POLICY SHALL BE IMPOSED´.

ARTICLE ± IX DISPOSAL OF SOLID WASTES Section 16. Soli d Waste Disposal Site ± The Local Government Unit shall establish an Integrated Solid Waste Management Facility within the Municipal Eco logical Park located at Barangay Bigaas. All residual waste collected f r om the residential, co mmercial, institutional and industrial areas shall be br ought to the said f acility. Section 17. Resi dential, Commercial an d Institutional Wastes ± Solid wastes f r o m residential, commercial and institutional area shall be disposed accordingly: a. Residuals of so lid waste af ter resource recovery, recycling, and co mposting shall be disposed of by sanitary land f illing or other ecologically sound methods. b. Hospital wastes, especially inf ectious wastes shall be treated or pr ocessed in an appr oved f acility and residues shall be disposed in separate compartments in the sanitary landf ill. Sb/jexfiles©2011

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c. Illegal dumping of solid waste along streets, alleys, riverbanks, and in any public places shall be strictly pr ohibited. Section 18. Industrial Wastes ± Hazardous wastes shall be disposed, treated or pr ocessed in accordance with the laws, rules, regulations and guidelines of the concerned government agencies as follows: a. Envir onmental Management Bureau of the Department of Envir onment and Natural Resources (EMD-DENR); b. Department of Health (DOH); and c.

Philippine

Nuclear Research Institute (P NRI).

ARTICLE ± X MATERIAL RECOVERY FACILITY Section 19. Establishment of Material Recovery Facility (MRF) ± There shall be established a Material Recovery Facility (MRF) which shall be designed to receive sort, pr ocess and store compostable and recyclable material eff iciently and in an envir onmentally sound manner.

The f acility shall address the

following

design and considerations:

a. The building and/or land layout and equipment must be designed to accommodate eff icient and saf e materials pr ocessing, movement, and storage; b. The building must be designed to allow eff icient and saf e external access and to accommodate internal f low; c. Receive biodegradable and non- biodegradable wastes wastes for segregation;

for

composting and recyclable

d. The building shall be not be located in f loo d- pr one areas; and

e. The building shall have pr ovisio ns to contr ol odor f r o m within the f acility.

Section 20. Operation of Barangay Material Recovery Facility ± Each Barangay shall be responsible for the collection, segregation and recycling of biodegradable, recyclable, co mpostable and reusable waste. Materials Recovery Facilities (MRF) will be established in every barangay or clustered barangays, in a barangay-owned or leased land or any suitable o pen space o t be determined by the Sangguniang Barangay. Section 21. Waste to be processe d ± The MRF shall receive biodegradable waste for composting and mixed non- biodegradable waste for f inal segregation, reuse and recycling, pr ovided however that, each type of mixed wastes is co llected f r om the source and transported to the MRF in separate containers. Section 22. Residual Waste ± The resulting residual wastes shall then be transf erred to a lo ng- term storage or disposal f acility.

ARTICLE ± XI EDUCATION AND PUBLIC INFORMATION Section 23. Information an d Education Campaign (IEC) ± there shall be organized IEC Sb/jexfiles©2011

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Teams at the municipal level and education sector responsible for the conduct of IEC to create awareness; develo p positive attitudes about a pr omoted concept on solid waste management; build skills and capacities; and mo bilize the residents to action and participation. IEC strategy shall be develo ped by the Municipal Ecological So lid Waste Management Board (MESWMB). Section 24. IEC in Government Offices ± All government off ices in the municipality shall ensure information, education and actual implementation of waste management pr ogram in their workplaces and work premises including the pursuit of envir onment f riendly purchasing po licies in their respective off ices.

ARTICLE ± XII PROHIBITIONS Section 25. Prohibite d Acts ± The following acts are pr ohibited. a. Littering, thr owing, dumping of waste matters in public places, such as r oads, sidewalks, canals ester os or parks, and establishment or causing or permitting the same; b. Undertaking activities or o perating, collecting or transporting equipment in vio lation of sanitation o peration and other requirements or permits set forth in or established pursuant to Republic Act 9003; c. The o pen burning

of solid

waste;

d. Causing or permitting the collection of non-segregated or unsorted waste;

e. Squatting in o pen dumps and landf ills; f.

Open dumping, burying areas;

g. Unauthorized removal persons;

of biodegradable or

or

non- biodegradable materials in f loo d- pr one

recyclable material intended

for

collection by authorized

h. The mixing of source-separated recyclable material with other solid waste in any vehicle, box, container or receptacle used in so lid waste collection or disposal; i.

The construction of any establishment within two hundred (200) meters f r om o pen dumps or contr olled dumps or sanitary landf ills;

j.

The construction or o peration of landf ills or any waste disposal f acility on any aquif er, gr oundwater reservoir or watershed area or any portion thereof ; and

k. Thr owing or dumping premises. l.

of

waste matters during night time especially within the market

Thr owing or dumping of human and animals dung , hazardous wastes and used oil at the irrigation canals, rivers, canals, creeks, shoreline and seawater. ARTICLE ± XIII USER FEES FOR SOLID WASTE MANAGEMENT SERVICES

Section 26. Commercial an d Industrial Establishments ± Commercial and industrial establishments shall be charged an annual garbage f ee t o supplement other sources of revenue for Sb/jexfiles©2011

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the o perations and maintenance of the Solid Waste Management System of the Municipality.

ARTICLE ± XIV INCENTIVES AND AWARDS Section 27. The Local Government Unit shall give incentives or awards to be determined by the Municipal Ecological So lid Waste Management Board (M ESWMB) to any of the establishments, institutions and barangays that religiously follow the pr o per segregation, reduction and disposal of wastes.

ARTICLE ± XV PENALTIES Section 28. Fines an d Penalties; Citation Ticket ± The following are f ines and penalties imposed on vio lators of the pr ovisions of this ordinance and citation ticket a. Any person who vio lates Section 15 and Section 25 (a), (d), (k) and (l) shall be punished with a f ine of not less than Three hundred pesos (P300.00) but not more than Eight hundred pesos ( P800.00) or render community service for n ot less than three ( 3) days but not more than f ive (5) days, or both; b. Any person who vio lates Section 17 (c), Section 25 (c), (f ), (g),and (h) shall be punished with a f ine of not less than Three hundred pesos ( P300.00) but not more one thousand pesos (P1,000.00) or imprisonment for not less than three ( 3) days but not more than seven (7) days, or both upon the discretion of the court; c. Any person who vio lates Section 25 (b) and (i) shall be punished with a f ine of not less than Five hundred pesos (P500.00) but not more than One thousand pesos ( P 1,000.00) or imprisonment for not less than f ive (3) days but not more than seven (7) days, or both upon the discretion of the court; and d. Any person who vio lates Section 25 (e) and (j) shall be punished with a f ine of not less than Eight hundred pesos (P800.00) but not more than One thousand f ive hundred pesos (P1,500.00) or imprisonment of not less than three (3) days but not more than ten (10) days, or both upon the discretion of the court.

e. Any person who vio lated Section 15 under this following schedule:

of

this

ordinance

shall be penalized by a f ine

1. First Offense - The name of the off ender shall be taken for record and ref erence purposes and be informed about the rules and regulations regarding waste disposal and warned that the succeeding off enses shall have a considerable penalty. However, No Segregation No Collection Policy shall be imposed. 2. Second Offense 100.00 P Aside f r om the monitory penalty, No Segregation No Collection Policy shall be imposed. 3.

200.00 Third and succeeding Offenses P A f ine and or an imprisonment of not less than f ive (5) days but not more than f if teen (15) days or both at the discretion of the Court. Aside f r o m the monitory penalty and or imprisonment, No Segregation No Collection Po licy shall be Sb/jexfiles©2011

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imposed. Any person or person/s whether natural or juridical or institution who vio lated Section 19 of this Ordinance shall be punished by a f ine of not less than one thousand f ive hundred (P1,500.00) but not more than two thousand f ive hundred (P2,500.00) or imprisonment of not less than f if teen (15) days or not more than thirty (30) days or both at the discretion of the court, without prejudice to the imposition of a higher penalty under any law or decree such as indicated in the second paragraph of Section 2 of PD 835 or the Anti-Littering Law which states that ³if vio lator is a corporation, f irm, or other corporate entities, the maximum penalty shall be imposed upon t o the President, Manager, Director or persons responsible for its o perations.´ Habitual vio lators, who are willf ully vio lating any pr ovisio ns in this Ordinance, shall upon conviction be punished by a f ine of not less than one thousand f ive hundred (P1,500.00) but not more than two thousand f ive hundred (P2,500.00) or imprisonment of not less than f if teen (15) days or not more than thirty (30) days or both at the discretion of the court.

Section 29. Voluntary Community Service: an alternative mode of settlement of imposed f ine ± Voluntary Service shall be an alternative only for payment of f ines of not less than f ive hundred pesos (P500.00) but not more than one thousand pesos ( P1,000.00), an imposed f ine for vio lating regulations on Pr o per Waste Disposal.

The apprehended off ender however, should be given f reewill to choo se between paying the amount imposed hereof or rendering his/ her services of cleaning the down town or Market premises for not less three (3) days but not more than seven (7) days. a. Procedures ± The following pr ocedures are hereby prescribed for the vo luntary community service under this ordinance: 1. Upon the apprehensio n, the concerned off ender shall be informed by the apprehending off icial/authority of the o ption t o render service vo luntarily or t o pay the corresponding f ine. 2. If the concerned off ender selects to pay in cash the stipulated f ine, he/ has only

three (3) working days af ter the apprehensio n to do so. However, if the off ender o pts to render service, he/ she has seven (7) days to do so. Otherwise, his/ her vio lation case shall be forwarded to a local court for appr o priate judicial hearing and penal sanction. 3.

If the off ender elects to render community service, he shall be advised by the apprehending off icial/ authority to pr oceed at the Municipal Envir onmental and Natural Resources Off ice (MENRO) for the notif ication and weighing of the off ence and for scheduling of the said service he/ she is to render.

4. On the days when he/ she is to comply with the said service, the concerned off ender

shall notif y f irst the Municipal Envir onmental and Natural Resources Off ice (MENRO) of his/ her presence and the act to be done. 5. Af ter a days of Community Service, the concerned off ender shall be given a

Certif ication that he/ she has already co mply with the community service of cleaning the down town or Market premises, then it shall be presented to the Municipal Envir onmental and Natural Resources Off ice (MENRO) for purposes of off setting the imposed f ine.

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ARTICLE ± XVI FUNDING

Section 30. Fun ds ± The municipal government down to the barangay levels, shall allocate portion of their 20% economic develo pment f unds for the eff ective implementation of eco logical solid waste management pr ogram.

ARTICLE ± XVII FINAL PROVISION Section 31. Supplementary Clause ± The R.A. 9003 pr ovisio ns on solid waste management shall serve as supplementary to this ordinance. Section 34. Separability Clause ± Whenever any part or parts of the pr ovisio ns of this Ordinance is declared null and vo id, the other part or parts not aff ected thereby shall be in f ull force and eff ect. Section 35. Repealing clause ± All Ordinances which are inconsistent with this Ordinance are hereby repealed or modif ied accordingly. Section 36. Effectivity ± This Ordinance shall take eff ect immediately af ter its posting in three (3) conspicuous places in the municipal hall and publication for a minimum period of three (3) consecutive weeks in a local newspaper of general circulation. xxx

xxxx

I HEREBY CERTIFY to the correctness of the

xxxx foregoing ordinance.

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CITATION TICKET

Republic of the Philippines Pr ovince of Camarines Sur MUNICIPALITY OF CALABANGA

C I T A T I O N

Name:

T I C K E T

Middle Initial:

Address:

Surname:

Date of Birth:

Place of Vio lation:

Date of Vio lation:

Specif ic Ordinance or Section Vio lated: Apprehending Off icer:

Signature:

, pr omise to report to the off ice of the Municipal Envir onmental and Natural Resources Off ice (MENRO) within three (3) working days f r o m date of vio lation for compliance, in case I f ailed comply within the prescribed period I submit myself to the imposition of the f ines and/or penalties imposed by the ordinance vio lated. I,

_____________________________ Signature

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________________________ Date

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solid waste final draft

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