Republic of the Philippines
Autonomous Region In Muslim Mindanao
Province of Shariff Kabunsuan
Municipality of Upi
Office of the Sangguniang Bayan
EXCERPT FROM THE MINUTES OF THE 7TH REGULAR SESSION OF THE 13TH SANGGUNIANG BAYAN OF UPI, SHARIFF KABUNSUAN HELD AT THE SB SESSIOAN HALL ON OCTOBER 31, 2007 AT 9:30 A.M.
Present: Hon. Abduallah P. Salik, Jr. ……………………… Presiding Officer
Hon. Romeo G. Mayo ……………………………. PO Protempore
Hon. Bonifacio R. Paragas ………………………. Member
Hon. Guiamel G. Abutazil ……………………….. Member
Hon. Benjamin D. Suenan ……………………….. Member
Hon. Lily O. Muslim ……………………………… Member
Hon. Maria Elena II T. Castro ……………………. Member
Hon. Alexis M. Platon …………………………….. Member
Hon. Kalima O. Gunsi ……………………………. Member
Hon. Rogelio O. Unson …………………………… Member(ABC Rep.)
Absent: Hon. Ehmar S. Alabat …………………………… Member(SK Rep.)
RESOLUTION NO. 39
Series of 2007
“RESOLUTION CALLING FOR AMENDMENT OF ORDINANCE NO. 003 S. 2007”
WHEREAS, the paramount concern of the present society is to effect social, economic and political reforms through discipline and order;
WHEREAS, to attain these reforms, we need to have a healthy citizenry and provide special protection for them as well as to visitors;
WHEREAS, to make these objectives realistic, it should be the duty of every citizen and resident of this municipality to keep his environment or surrounding clean and wholesome;
WHEREAS, it is the responsibility of the Local Government to effectively implement the Solid Waste Management Program;
WHEREAS, there is a need to practice the waste segregation to facilitate reuse and recycling, and reduce the cost of collect ion and disposal of garbage;
WHEREFORE, on motion of Hon. Benjamin D. Suenan, Chairman of Committee on Environmental Protection and Natural Resources, duly seconded by the majority, it was;
RESOLVED as it is hereby RESOLVED to enact and promulgate the following ordinance.
ORDINANCE NO. 003
Series of 2007
“A COMPREHENSIVE ECOLOGICAL SOLID WASTE MANAGEMENT ORDINANCE OF THE MUNICIPALITY OF UPI AS AMENDED”
ARTICLE 1
Title
Section 1. Title. This shall be known as the Comprehensive Ecological Solid Waste Management Ordinance of the Municipality of Upi .
ARTICLE 2
Coverage
Section 2. This ordinance shall apply to:
a. All individuals;
b. Residential houses;
c. Commercial establishments such as markets, sari-sari stores, eateries, grocery stores, department stores, lodge and boarding houses and other commercial establishments;
d. Institutions like hospitals, clinics, health centers, schools, mosques, churches, banks, public and private offices;
e. Industrial establishment like factories, plants, slaughterhouses, livestock facilities, mills and dryers;
f. Transportation facilities such as buses, jeepneys, tricycle, trisikads, hauler trucks and other mode of transportation;
g. Parks, open spaces and thoroughfares;
h. Agricultural areas.
ARTICLE 3
Authority and Purpose/Goals
Section 3. Authority. This ordinance is enacted to supplement the provisions of existing laws and ordinances related to solid waste management (SWM).
Section 4. Purpose. This ordinance is enacted for the following purpose:
General:
a) To guide, control and regulate the generation at source, storage, collection, transportation and disposal of solid wastes within the locality and promote an orderly and sanitary system for the same.
b) To enhance the rehabilitation of the locality through the necessary control and mitigation of negative environmental impacts attributed by solid wastes.
Specific:
a) To minimize generation of solid waste and maximize possible resource recovery/recycling and utilization by:
· Maximizing the use and consumption of goods:
· Encouraging the recovery of possible recyclables from solid waste in every backyard through composting and biogas production process;
· Encouraging the recycling and resource recovery of solid wastes in every backyard through composting and biogas production;
· Providing assistance and cooperation in the recycling of solid wastes.
Section 5. The primary goal of this ordinance is to help enhance ecological balance in the community through sustainable ecological solid waste management.
Section 6. Objectives. The objectives of this ordinance are the following:
a. To ensure round the clock cleanliness through orderly waste management;
b. To cease and desist from utilization of open garbage dumps which serve as breeding places of disease-causing organisms, foul odors, harmful fumes, “greenhouse gases” contributing to global warming and thinning of the ozone layer. The same also generate “ leachate” which pollutes soil and water resources and create unhealthy scavenging activities in the vicinity.
c. To eradicate , uncovered and overflowing waste receptacles in streets, public places, and open spaces;
d. To maximize pollution arising from harmful gases, smoke, particulates produced by needless burning/dumping; polluted run-offs into water sources/supply and hazardous substances.
ARTICLE 4
Definition of Terms
Section 7. Technical Terms. The technical terms used in this ordinance shall be defined as follows:
1. Compost – refers to decayed organic materials for use as soil conditioner of fertilizer.
2. Composting – refers to biological degradation under controlled condition; the process of making degradable such as food waste, garden waste, human waste into compost by mixing them with soil, water, biological additives/activators (optional) and air.
3. Clinics – refers to facility for diagnosis and treatment of usually walk-in or outpatients, includes among others veterinary, dentist and other related services.
4. Department/Grocery Stores – refers to store selling wide variety of goods and products.
5. Domestic Waste – refers to the refuse from households as distinguished from industrial waste, agricultural waste, hospital waste, etc., which may be classified as biodegradable(compostable) or non-biodegradable (non-compostable).
6. Eateries/Carenderias – refer to small eating places that serve light meals usually without so much amenities (no air conditioner) accommodate fewer people.
7. Factories/Plants – refer to establishments for manufacturing and production such as canneries and other related establishments.
8. Factory Refumables/Recyclables – refers to all non-biodegradable, non-compostable such as tin cans/metals; bottles/glass including broken pieces; plastic Styrofoam, rubber, dry paper, dry cardboard, dry cloth, fibers, leather, hard shells, hard bones, etc. which are segregated in separate containers or place in one sack (cans, bottles, containers already rinsed) and are sold/given away to collectors.
9.Feed Materials – refers to all food waste peelings, vegetable trims, fish entrails, fowl innards, spoiled fruits, leftovers, egg shells, rice/ fish/meat washing, etc. that should be collected and kept in covered containers as hog/chicken/duck/pets/fish feeds.
10.Fermentable – refers to fruit peelings, spoiled or over-ripe fruits juices e.g. buko juice, etc., are made into vinegar, wine or “nata-de-pina”.
11.Fertilizer Materials – refers to all compostable or biodegradable such as garden waste (leaves, twigs, and weeds), animal waste (manure, carcasses), human waste (feces, urine, blood, and all excreta), soiled wipes such as tissue papers, pads, diapers (removed plastic portions) are made into compost for organic gardening.
12.Fine crafts – refers to many of the non-biodegradables could be used as materials for handicrafts, cottage industries, art works, toys and other livelihood projects such as paper Mache, paper basketry, tin craft, plastic twine or rope braids, feather crafts, wooden crafts, etc. Styrofoam melted in small amount of gasoline solvents provides cheap glue of “binder” for many of the projects.
13. Hospital- refers to an institution where the sick and injured are given medical cure which includes both private and public.
14. Individual – refers to any person who is within the vicinity of the Municipality that includes both residents and transients.
15 Livestocks – shall include poultries, ranch, cattle, piggeries, and other related activities.
16. Mills/Dryers – refer to facilities handling agricultural products such as rive, corn, and other related farm produce for milling.
17. Open Dumpsites – refers to any area or space (public or private) utilized as dumping ground of unsegregated waste.
18.Recycling – refers to the reuse, retrieval, recommission of element/matter for any and all purposes necessary to healthful and productive living; the process by which waste materials are transformed into new products in such a manner that the original product may lose their identity.
19. Resource Recovery – refers to the extraction of material or energy from wastes.
20. Solid Waste – refers to anything thrown away such as garbage, rubbish, trash, litters, junk and refuse from any source (homes, businesses, farms, industries, or institutions). These are discarded materials with insufficient liquid content to flow. Examples are those non-liquid wastes resulting from the domestic, commercial, agricultural and industrial activities which can be divided into four categories/kinds;
a. Compostable/biodegradable – refers to:
i. food/kitchen waste such as peelings, leftovers vegetables trims, fish/fowl/meat animal entrails/innards/cleanings, soft shells, seeds
ii. garden/agricultural wastes such as leaves/flowers, twigs, branches, stems, roots, trimmings, weeds, seeds/edible fruits, etc.
iii. human/animal wastes such as excreta, manure/urine, carcasses, etc.
b. Recyclables – refers to
i. metals such as tincans, aluminum cans, iron, copper, etc.;
ii. glass/bottles including broken pieces,
iii. plastics such as polyethylene (bags), propylene (straws, jute sacks), polyurethane (foam mattresses), polystyrene(Styrofoam), polyvinyl (tubes, pipes, linoleum),
iv. polyacetate,such as fibers, cloth, rayon, etc.
v. rubber natural and synthetic such as cloth, twine, etc;
vi. dry leathers such as skin, feathers, etc
vii. hard shells and bones.
c. Non-Recyclable – any waste materials that have no other use anymore and considered as residual waste which shall be collected and dump at the prescribed disposal facility.
d. Special Waste - any waste materials that are toxic and hazardous such as busted lamps/bulbs, batteries, chemical containers, used syringes, pathological wastes, etc.
21. Solid Waste Management – refers to the purposeful, systematic control of the generation, storage, collection, transport, separation, processing, recycling, recovery, and final disposal of solid waste.
22. Sorting at Source – refers to the segregation or separation of waste at the point of generation or at the very place where they are produced into biodegradable and non-biodegradable.
ARTICLE 5
Solid Waste Management System
Section 8. Household /Residential:
All residents shall undertake the following solid waste management system:
a) Use baskets such as those made from nito, bamboo or rattan or other reusable bags during marketing and avoid use of sando bags and other disposable cellophane-based materials;
b) Maximize purchase of products packaged in biodegradable, reusable or recyclable packaging materials and maximize avoidance of using disposable materials/products to reduce volume of waste generated;
c) Segregate properly their generated solid waste into 4 types: (1) compostable; (2) recyclable; (3) non-recyclable; and (4) special waste, by using separate and properly labeled receptacles/containers with cover for sanitary and efficient handling. Unsegregated solid waste shall not be collected by the appropriate agency/ies;
d) Reuse materials that are reusable or recyclable such as cans, bottles, plastics, papers, cartons, etc. or recycle these materials into other products or sell to junk dealers/buyers;
e) Put-up backyard composting facility such as drums, tires, or other composting methods for compostable waste materials;
f) Bring out segregated solid waste in front of the gate or door or along the route of collection vehicle or cart during collection period or when the collection truck has already arrived. The specific collection scheduled shall be determined and properly disseminated by the concerned agency;
g) Report to the Municipal Environment and Natural Resources Office (MENRO) or other concerned office such the Office of the Barangay Chairperson, the PNP or the Office of the Municipal Mayor for any uncollected solid waste in the vicinity;
h) Maintain and keep clean the thoroughfares (frontage of the house to the street gutter) and grounds fronting their residences;
i) Avoid indiscriminate burning, littering, dumping and throwing of solid waste in public places including canals, streets, vacant lots, rivers, creeks, etc.
Section 9. Commercial Establishments, Markets & Industries:
All commercial, market and industrial establishments shall undertake the following solid waste management system.
a) Minimize volume of waste;
b) Maximize purchase of products that are packaged in biodegradable, reusable or recyclable packaging materials and avoid using disposable materials/products to reduce volume of waste generated;
c) Segregate properly their generated solid waste into 4 types 1) compostable; (2) recyclable; (3) non-recyclable; and (4) special waste, by using separate and properly labeled receptacles/containers with cover for sanitary and efficient handling. Unsegregated solid waste shall not be collected by the appropriate agency/ies;
d) If area is available, put-up backyard composting for composting for compostable waste materials;
e) Bring out segregated solid waste in front of the gate or door or along the route of collection vehicle or cart during collection period or when the collection truck has already arrived. The specific collection schedule shall be determined and properly disseminated by the concerned agency.
f) Report to the Municipal Environment and Natural Resources Office (MENRO) or other concerned office such the Office of the Barangay Chairperson, the PNP or the Office of the Municipal Mayor for any uncollected solid waste in the vicinity.
g) Maintain and keep clean the fronting sidewalks, canals and immediate grounds/areas of the establishment;
h) Avoid indiscriminate burning, littering, and dumping/throwing of solid waste in public places including canals, streets, vacant lots, rivers, creeks, etc.;
i) Industrial toxic and hazardous waste shall be disposed of in accordance to the provisions of RA 6969 by the concerned industries.
Section 10. Institutions (Schools, Offices, Churches, Hospitals, etc)
All institution shall undertake the following solid waste management system:
a) To reduce volume of solid waste generation, minimize the use and purchase of disposable materials and patronize products that are packaged in reusable /recycles/materials;
b) Segregate properly their generated solid waste containers with cover for sanitary and efficient handling. Unsegregated solid wastes shall not be collected by both appropriate agency and organization;
c) Reuse materials that are reusable or recyclable such as cans, bottles, plastics, papers, cartoons, etc., or recycle these materials into other products or sell to junk dealers/buyers;
d) If area is available, put-up backyard composting for compostable waste materials;
e) Bring out segregated solid waste in front of the gate or door or along the route of collection vehicle or cart during collection period or when the collection truck has already arrived. The specific collection schedule shall be determined and properly disseminated by the concerned agency;
f) Report to the Municipal Environment and Natural Resources Office (MENRO) or other concerned office such the Office of the Barangay Chairperson, the PNP or the Office of the Municipal Mayor for any uncollected solid waste in the vicinity;
g) Maintain and keep clean the fronting sidewalks, canals and immediate grounds/areas of the institution;
h) Avoid indiscriminate burning, littering, dumping and throwing of solid waste in public places including canals, streets, vacant lots, rivers, creeks, etc.;
i) Funeral, hospital, pharmaceutical, waste must be stored, collected, transported and disposed of in accordance with the guidelines, rules and regulations of the Department of Health (Refer to the Manual on Hospital Waste Management, PD 856 known as the Sanitation Code of the Philippines).
Section 11. Public Transportation Vehicle (PUV’s, etc) & Facilities (Terminals, etc.)
All public transportation vehicles and facilities shall undertake the following solid waste management system:
a) Buses, jeepneys, tricycles, and trisikads must provide waste receptacles/containers for its passengers.
b) Operators of transport terminals must provide separate receptacles for compostable, recyclable and non-recyclable materials placed strategically around the terminal premises conveniently accessible to passengers.
c) Bring out segregable solid waste along the route of collection vehicle or cart during collection period or when the collection truck has already arrived. The specific collection schedule shall be determined and properly disseminated by the concerned agency.
d) The driver/conductor/operator of the public transport vehicles must ensure that the passengers are properly informed to throw their solid waste into the receptacles.
Section 12. Agricultural Areas
All farm owners or operators shall undertake the following solid waste management system:
a) Agricultural wastes such as rice straws, corncobs, animal manure and other biodegradable materials shall not be burned but properly composted.
b) Toxic and hazardous wastes such as empty chemical containers shall not be thrown or dumped anywhere but must be kept in sealed containers (e.g. drums) or containment facility (e.g. septic tank/vault.)
Section 13. Collection and Transportation
The LGU including the barangays, private owners and operators of collection vehicles for solid waste collection shall undertake the following system.
a) Unsegregated solid wastes shall not be collected.
b) Segregated solid wastes shall be collected separately and must not be mixed in one collection vehicle unless the vehicle has separate compartments for segregated solid wastes.
c) Establish properly disseminated collection schedule for various segregated solid wastes
d) If collection vehicle is a dump truck, cover shall be provided during transit to the processing center or disposal facility to avoid scattering and spilling of solid waste.
e) Collection drivers and crew members shall be properly trained on the collection system and must be provided with personal protective equipment such as overalls, gloves, boots and masks.
Section 14. Materials Recovery Facility
a) There shall be establishment of Material Recovery Facility (MRF) in every barangay as required by RA 9003 for temporary storage of recyclables and composting of compostable materials. The area and size of the MRF shall depend on the volume of recyclables and compostables to be collected by the barangay.
b) The barangay shall allocate specific budget for the establishment of MRF in their barangay.
c) The barangay shall operate the MRF in partnership with non-government organization, people’s organizations, or the private sector.
d) The Municipal Government shall establish its own MRF to complement the barangays that can not afford to put up its own MRF.
Section 15. Disposal
The LGU shall prohibit the use of open dumpsite and establish controlled dumpsite as its disposal facility. The operation of the controlled dumpsite shall be in the following manner:
a) Establish an appropriate permanent site as controlled dumpsite
b) Provide a well-maintained all-weather access roads.
c) Ensure security fencing of the facility for environmental reasons as well as elimination of access of human and animal scavengers.
d) Keep basic records of waste received daily and other related incidents.
e) Cover daily all solid wastes with inert materials or soil at least 6 inches in thickness. This shall apply at the end of working day.
f) Provide aerobic and anaerobic decomposition to control odor.
g) Provide septic vault for the disposal of special and residual waste.
h) Provide at least 0.60 meters final soil cover at closure, and post-closure maintenance of cover, drainage and vegetation.
ARTICLE 6
Financing, Incentives & Cost Recovery
Section 16. Financing
a) There shall be an allocation of specific budget for SWM from Annual Investment Plan of the local government:
b) There shall be creation of a Local Solid Waste Management Fund, also known as The FUND
which shall be a special account in the local treasury and administered by the municipal ESWM Board.
c) The MSWMB shall source out the fund from the following:
c.1. Loans, grants, donation & contributions from local & foreign sources
c.2. Collection from garbage fee
c.3. Collection from fines & penalties
c.4. Sales from recyclable & reusable waste
c.5. 10% to be taken from 20% Local Development Fund
c.6. National Solid Waste Management Fund
c.7. Rentals from post-closed controlled dumpsite
d) Criteria for the availment of Local SWM Fund
1. The criteria for BLGU and private sector to avail fund shall be focused on the SWM plan of the proponent from which the project/activity was designed and approved by the MSW Board.
2. Only one project/activity shall be eligible for support
3. Proponent may avail the SWM fund once in every 3 year but not the same project/activity.
Section 17. Incentives
Incentives shall be provided to encourage BLGU and private sectors to participate in developing socially accepted, effective and efficient SWM program. The incentives shall include:
a) Rewards-shall be provided to BLGUs, individuals, private organizations, NGOs, CSOs, that have undertaken outstanding innovative projects, technologies, processes and techniques or activities in the reduction, reuse, and recycling. The reward shall be appropriately sourced from the local ESWM Fund or other external sources.
1. The SWM board shall formulate standards of innovativeness, pro-activity, exemplary and outstanding SWM endeavors.
2. The ESWM Board shall determine the amount of the rewards.
3. There shall also be recognition of exemplary performance, criteria of which shall be determined likewise by the ESWM Board.
b) Grants - the BLGU SWM Committee and private sectors with SWM plans shall be eligible to receive project/activity grants.
c) Technical assistance - provide technical assistance to qualified prospective SWM project proponents.
d) Knowledge and skill enhancement - the SWM board shall arrange cross study visits to areas in and outside the region in order to model SWM projects. The travel cost requirements shall be in consonance with existing rules and regulations.
Section 18. Cost Recovery
a) The SWM Board shall impose user fees on the services provided by the LGU or its authorized organization or unit. It shall determine the amount of user fees only when it is based on a study and with proper consultation with various sectors. A supplemental ordinance shall be passed in support of this provision.
b) The SWM service fees shall be computed based on but not limited to the following minimum factors.
b.1. Volume of waste
b.2. Distance covered in the transport
b.3. According to SW general type
b.4 Cost of management
b.5 Cost of construction
b.6 Type of technology
c. The fees shall be collected according to the following levels:
c.1. Barangay Level - the Barangay may impose fees for collection and segregation of compostable and reusable wastes from households, commence, other sources of domestic waste, and for the use of Barangay MTFs. The computation of the fees is based upon the user fees established by the municipal SWM Board. The manner of collection of the fees shall dependent on the style of administration of respective Barangay Councils. However, all transactions shall follow the Commission on Audit rules on collection of fees.
c.2 Municipal Level – the municipal SWM Board shall define the manner of collection of fees consistent with the accounting and auditing system of the local government.
c.3. Private Sector/civil society group – on the basis of the stipulation of contract or Memorandum of Agreement, the private sector or civil society group shall impose fees for collection and transport of segregated solid waste as established by the Municipal SWM board. Receipts and invoices shall be issued to the paying public or to the government.
d) Collection & Retention of Fines – the collection of fines under the penal provisions of the act and this ordinance shall be conducted by the Municipal SWM Board or any authorized body. The collection shall be given receipts. The Municipal SWM Board shall determine the retention & remittance rate.
e) Special SWM Account – the Municipal SWM Board shall establish appropriate special accounts for the fines, fees, donations and other monies collected or generated under this ordinance.
ARTICLE 7
Education & Advocacy
Section 19. Integration of ESWM in School Curricula and Various Programs of Local and National Government:
a) Ecological Solid Waste Management (ESWM) shall be integrated in the elementary and high school curricula, and shall be a special program for the college (both public and private) through the Department of Education (DepEd), Commission on Higher Education and
b) Technical Education Skills Development Authority (TESDA) and Non formal education.
c) ESWM shall be integrated in the pre-marriage counseling and in seminar and training programs of the Department of Health (DOH), Department of Social Welfare and Development (DSWD), Department of Agriculture (DA) and other agencies.
d) ESWM shall be integrated in the community outreach programs of the schools, civic
Organizations, religious groups, NGOs, Pos, GSP, BSP, Red Cross, and other relevant
Organizations.
e) Free ESWM training shall form part of the requirements in procuring business license/permits to operate
Section 20. Information Dissemination. There shall be information dissemination of ESWM through communications systems like broadcast media (TV, radio, films) and print (handouts, brochures, billboards, streamers, signboards, news features, strikers, t-shirts).
19.1 Promote Solid Waste Management through plugging in all cinemas, radio and
TV stations.
19.2. Stickers, posters or signboards shall be placed in all public utilities,
transportation (buses, jeepneys, taxis, tricycles, trisikads, skylab - single motorcycle
for hire)
19.3. Local Manufacturers shall place symbols or instructions on Solid Waste Management on all product labels and advertisements.
19.4. Garbage trucks/compactor shall be equipped with public address system and make use jingles or music while collecting.
19.5. Slogans, instruction and ordinances must be placed in strategic places (public markets, terminals and parks) through billboards, signboards and sound system as regular reminders.
19.6. Primers, flyers and brochures shall be furnished to all households.
Section 21. Seminars and Trainings. There shall be scheduled seminars and trainings to be conducted to all sectors including government employees, teachers, students, commercial and industrial establishment, religious organizations, civil society organizations (NGO’s, PO’s) media sector, PNP, and Armed Forces of the Philippines.
ARTICLE 8
Enforcement Mechanics
Section 22. Enforcement Mechanics – the following shall be the enforcement mechanism to effectively implement this ordinance.
a) There shall be recruitments, screening, and training of volunteers to be deputized as
SWM enforcers. The volunteers shall be identified and endorsed by the MSWMB
through a Board Resolution to the Local Chief Executive. The Mayor shall issue an
appointment and issue identification cards to the volunteers who will be deputized.
b) There shall be issuance of charge sheet or citation tickets to all violators who
will be caught violating the provisions of this ordinance.
c) There shall be provisions of incentives to the enforcers which the SWM Board shall
determine accordingly.
d) There shall be establishment of hotlines for coordination and monitoring.
e) There shall be a conduct of contest/search to recognize best implementations of exemplary practices and initiatives of the SWM program. The Local Government through the MSWMB shall take the lead in the conduct of the contest/search.
f) The MSWMB or the appropriate agency shall conduct surprise visits as the need arises to households, commercial and industrial establishments, schools, hospitals, offices, etc.
g) The local government shall provide legal assistance to enforcers/volunteers when cases are filed against them for the reason of enforcing this ordinance.
ARTICLE 9
Cultural, Religious, and Gender Provisions
Section 23. Cultural Provisions
a) SWM Facilities shall be situated far from mosque, churches, cemeteries and cultural landmarks.
b) Collection shall not be done during prayer time/hour (12:00nn-1:00pm, 3:00pm – 3:30, and 6:00pm-7:00pm) and on special occasion.
Section 24. Religious Provisions
a) Religious leaders shall be encouraged to help in SWM advocacy.
b) SWM shall be integrated in religious practices/advocacy.
Section 25. Gender Provisions
a) Women shall be given priority for recycling and related livelihood programs.
b) Women shall also be prioritized for SWM employment opportunities (e.g. street sweeping, enforcers).
ARTICLE 10
PUNISHABLE ACTS
Section 26. Punishable Acts, The following shall constitute acts punishable according to this Ordinance
a. Non segregation of solid waste according to compostable. recyclable, non-recyclable and special wastes with the use of properly labeled receptacle/container
b. Failure for residential to put-up backyard composting facilities such as drums, tires, or other composting methods for compostable waste materials.
c. Bringing out of segregated solid waste in front of the gate or door or along the route of collection vehicle when the collection truck has not yet arrived
d. Failure to maintain and keep clean the thoroughfares (frontage of the house to the street gutter), sidewalks canals, and grounds fronting their residences and business establishment.
e. Indiscriminate burning, littering, and dumping/throwing of solid waste in public places including canals, streets, vacant lots, rivers, creeks, etc.
f. Failure to properly dispose industrial, toxic and hazardous waste in accordance to the provisions of RA 6969.
g. Failure to properly dispose funeral, pharmaceutical, hospital waste in accordance with the guidelines, rules and regulations of the Department of Health, Hospital Waste Management and PD 856 known as the Sanitation Code of the Philippines.
h. Failure of buses, jeepneys, tricycles, and trisikads drivers and conductors to provide waste receptacles/containers for its passengers.
i. Failure of operators of transport terminal to provide separate receptacles for compostable, recyclable and non-recyclable materials placed strategically around the terminal premises conveniently accessible to passengers.
j. Failure of the driver/conductor of the public transport vehicles to ensure that the passengers are properly informed to throw their solid waste into the receptacles.
k. Burning of agricultural wastes such as rice straws, corncobs, animal manure and other biodegradable materials but should be properly composted.
l. Failure to properly dispose toxic and hazardous wastes such as empty chemical containers
ARTICLE 11
FINES AND PENALTIES
Section 27. Any act done in violation of this ordinance shall subject the offender(s) to the following penalties:
| 1. For the individuals, vendors, rolling store, markets stalls, sari-sari stores, flowers shops, mosques, churches and residential houses; trisikads, tricycles, and the like | 1st Offense – Php 100.00 fine and seminar on ESWM or 1 hr. community service and seminar on ESWM 2nd Offense – Php 300.00 Fine and seminar on ESWM or 4 hours community service and a seminar on Solid Waste management Subsequent violation – Php 500.00 fine and seminar on ESWM or 1 day community service fine and seminar on ESWM and revocation of business permit for establishment. |
| 2. For eateries/carenderias, barbers/massage shops, dress/tailoring shops, shoe shops, parlor/beauty shops, bake shops, boutique, coffee shops, schools, farmers: PU jeepneys, private vehicles and the like |
| 3. For banks, offices (either public or private) printing shops, bookstores, drugstores/pharmacies, pawnshops, lending institution; PU buses, and the like. |
| 4. For recreational centers, entertainment spots, transport terminal/garage (private or public), clinics, inns/pension houses, hotels, grocery stores, restaurants, machines shops, warehouses, mills/dryers, appliance centers, hardware, haulers and vans and the like |
| 5. For resorts (beach, spring, or mountain), hotels, (either public or private) airport, hotels, laboratories and the like. |
| 6. For local government, barangays, solid waste collectors (public and private) factories/ plants, livestock, slaughterhouses, department stores/malls, hospitals (public or private) funeral parlors, hotels and the like. |
| 1. For the individuals, vendors, rolling store, markets stalls, sari-sari stores, flowers shops, churches and residential houses; trisikads, tricycles, and the like, eateries/carenderias, barbers/massage shops, dress/tailoring shops, shoe shops, parlor/beauty shops, bake shops, boutique, coffee shops, schools, farmers: PU jeepneys, private vehicles and the like, banks, offices (either public or private) printing shops, bookstores, drugstores/pharmacies, pawnshops, lending institution; PU buses, and the like. | 1st Offense – Php 100.00 fine and seminar on ESWM or 1 hr. community service and seminar on ESWM 2nd Offense – Php 300.00 Fine and seminar on ESWM or 4 hours community service and a seminar on Solid Waste management Subsequent violation – Php 500.00 fine and seminar on ESWM or 1 day community service fine and seminar on ESWM and revocation of business permit for establishment. |
| 2. For recreational centers, entertainment spots, transport terminal/garage (private or public), clinics, inns/pension houses, 1 star hotels, grocery stores, restaurants, machines shops, warehouses, mills/dryers, appliance centers, hardware, haulers and vans and the like, resorts (beach, spring, or mountain), hotels, (either public or private), 3 star hotels, laboratories and the like, local government, barangays, solid waste collectors (public and private) factories/ plants, livestock, slaughterhouses, department stores/malls, hospitals (public or private) funeral parlors, (passengers and cargo) 5 stars hotels and the like. | 1st Offense – Php 100.00 fine and seminar on ESWM or 1 hr. community service and seminar on ESWM 2nd Offense – Php 300.00 Fine and seminar on ESWM or 4 hours community service and a seminar on Solid Waste management Subsequent violation – Php 500.00 fine and seminar on ESWM or 1 day community service fine and seminar on ESWM and revocation of business permit for establishment. |
Or by imprisonment of not less than one (1) day nor more than one (1) year, or both fine and imprisonment at the discretion of the court without prejudice to the imposition of a higher penalty under
any other law or decree such as indicated in Section 3 of Part V Rule 18 of the IRR of RA 9003 which also states “if offense is committed by a corporation, partnership or other judicial 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. Failure to comply with the herein provisions shall result to the cancellation of business permits.
ARTICLE 12
Final provisions
Section 28.
All provisions of the municipal ordinance, orders or regulations inconsistent herewith are hereby
amended, modified and repealed accordingly.
Section 29. Effectivity. This ordinance shall take effect upon its approval and after publication of 3 consecutive issues of newspapers of general circulation and shall remain in force until it shall revoke.
Enacted by the Sangguniang Bayan of Upi, Shariff Kabunsuan in its 7th Regular Session held at the SB Session Hall on October 31, 2007.
I HEREBY CERTIFY to the correctness of the stated resolution /ordinance.
ABDULLAH P. SALIK, JR. AL HAJ.
Presiding Officer
ATTESTED: JOSE B. BOGLOSA
Secretary to the Sanggunian
APPROVED: RAMON A. PIANG, SR.
Municipal Mayor
(SOURCE: From the Copy of the Sangguniang Bayan)
