solid waste final draft

SOLID WASTE ORDINANCE

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

PROPOSED ORDINANCEAN 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 protection, preservation, and conservation of the ecosystem; WHEREAS, it is the responsibility of the local government to effectively and efficiently implement the Ecological Solid Waste Management ESWM) Act as mandated in R.A. 9003; WHEREAS, the improper disposal of solid wastes by households, commercial, industrial and establishments cause unsightly surroundings, polluted environment, and spread of communicable diseases; WHEREAS, the practice of waste segregation to facilitate reuse and recycling does not only reduce the cost of collection and disposal of garbage but conserves the natural sources of materials and avoid wasteful consumption of goods; NOW, THEREFORE, be it enacted by the Sangguniang Bayan of Calabanga, Camarines Sur during its session 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, groceries, and other recreational facilities; institutions like hospitals, schools, churches, public and private offices, industrial establishments like factories, 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 provisions of existing1Sb/jexfiles2011


laws and ordinances related to solid waste management. Section 4. Purpose This Ordinance is enacted for the following purposes: a. To guide, control, and regulate the generation, storage, collection, transportation, resource recovery and disposal of solid wastes within the locality and promote an orderly and sanitary system for the same; b. To enhance the total environment of the locality through the necessary control and mitigation of negative environmental impacts of solid wastes; c. To promote and protect the health, safety, peace and convenience, and general welfare of the inhabitants of the municipality. d. To minimize generation of solid waste and maximize possible resource recovery/recycling and utilization by: 1. Maximizing the use of goods and consumption of foods; 2. Allocating fair inputs in the production of goods, foods, and services; 3. Encouraging the salvaging of possible recoverables from solid wastes for reuse and/or recycling back to production process; 4. Encouraging the recycling and resource recovery of wastes in own backyard through composting and biogas production; and 5. Providing assistance and cooperation in the recycling of solid waste in the disposal sites. Section 5. Goal The primary goal of this Ordinance is to enhance ecological balance of the community through sustainable and integrated 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 insects causing disease, foul odors, and harmful fumes; emit greenhouse gases which contribute to global warming and thinning of ozone layer; generate leachate which pollute soil and water resources and create unhealthy scavenging activities in the vicinity; c. To eradicate unsightly, uncovered and overflowing waste containers and other waste materials in streets, public places, open spaces and bodies of water; d. To maximize and optimize sanitary resource recovery for food, feeds, fuel, energy, etc.; and e. To minimize pollution arising from harmful gases, smoke, particulates produced by needless burning/dumping; polluted runoffs into water resources/supply; and hazardous substance.

ARTICLE IV DEFINITION OF TERMS Section 7. Definition The technical terms used in this Ordinance shall be defined as follows: a. Biodegradable refers to any material that can be reduced into finer particles (degraded or decomposed) by microbiological organism or enzymes (synonymous with compostable). b. Bulky Wastes shall refer to waste materials which cannot be appropriately placed in2Sb/jexfiles2011


separate containers because of either its bulky size, shape or other physical attributes. These include large worn-out or broken household, commercial, and industrial items such as furniture, lamps, bookcases, filing cabinets and other similar items. c. Collection shall refer to the act of removing solid waste from the source or from a common storage point. d. Compost is decayed organic material for use as soil conditioner of fertilizer. e. Composting is biological degradation under controlled conditions; the process of making biodegradables such as food waste, garden waste, animal waste, human waste, into compost by mixing them with soil, water, biological additives or activators (optional) and air. f. Controlled Dump shall refer to disposal site at which solid waste is deposited in accordance with the minimum prescribed standards of dumpsite operation. g. Disposal shall refer to the discharge, deposit dumping, spilling, leaking or placing of any solid waste into or in any land.

h. Ecological Solid Waste Management shall refer to the systematic administration of activities which provide for segregation at source, segregated transportation, storage, transfer, processing, treatment, and disposal of solid waste and all other waste management activities which do not harm the environment. i. Feed Materials are all food waste, peelings, vegetable trims, fish entrails, fowl innards, spoiled fruits, leftovers, eggshells, rice/fish/meat washings, etc. that should be collected and kept in covered containers as hog/chicken/pet/fish feeds. j. Fermentables are fruit peelings, spoiled or over-ripe fruits, juices, e.g. buko juice, that are made into vinegar, wine, or nata-de-coco,nata-de-pia. k. Fertilizer Materials all compostable or biodegradables such as garden wastes (leaves, twigs, weeds), animal waste (manure carcasses), human wastes (feces, urine, blood, all excreta, soiled wipes, pads, diapers (minus plastic portions), that are made compost for organic gardening. l. Food Material includes seed, pulp, peelings that are made into pickles, sweet, candies, or snacks. m. Functional Facilities/Equipment are useful equipment or facilities devised or created from discards, throwaways, junks, scraps, e.g. chair, tables, doormats, play equipment from rubber tires, roofing milk cans, flower pots, planters from plastic bags, sack, containers, etc. n. Green Charcoal is another form of fuel or grass charcoal, manufactured from compostable, organic, cellulotic material with the use of enzymes to break down the lining or binding material, after which it is molded and dried and then used in charcoalfed stoves. o. Incineration is the controlled process 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 through the landfill carrying with it the dissolved waster-soluble contents of the waste which may be collected by an underground drainage or water system.3Sb/jexfiles2011


q. Materials Recovery Facility shall include solid waste transfer station or sorting station, drop-off center, and a recycling facility. r. Open Burning shall refer to the thermal destruction of waste by means of direct exposure to fire. Furthermore, this definition shall apply to traditional smallscale methods of community sanitation siga. s. Open Dump shall refer to a disposal area wherein the solid wastes are indiscriminately thrown or disposed of without due planning and consideration for environmental and health standards. t. Person(s) shall refer to any being, natural or juridical, susceptible of rights and obligations, or of being the subject of legal relations. u. Putrescible is a substance that decomposes at a certain temperature in contact with air and moisture; generally containing nitrogen. v. Residual shall refer to the residue or something left over after completion of a process. w. Recycling the reuse, retrieval, re-commission of element/matter for any and all purposes necessary to healthful and productive living; the process by which wastes materials are transformed into new products in such a manner that the original products may loss their identity. x. Recycling of domestic waste the full utilization of domestic waste into factoryreturnables (around 50-60%), feed (about 20%), fertilizer (about 30%), fuels, fine crafts, fermentable with little left for filling material. (Proportions vary with the kind of community, the more affluent the more factory returnable). This includes both mandevised and nature designed recycling schemes. y. Re-use shall refer to the process of recovering materials intended for the same or different purpose without the alteration of physical and chemical characteristics. z. Resource Recovery is the extraction of materials or energy from wastes. aa. Segregation shall refer to sorting and segregation of different materials found in solid waste in order to promote recycling and re-use of resources and to reduce the volume of waste for collection and disposal. bb. Segregation at Source 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 cc. Storage shall refer to the interim container of solid waste after generation and prior to collection for ultimate recovery or disposal. dd. Solid Waste Management Facility shall refer to any resource recovery system or component thereof; any system, program or facility for resource conservation, transfer, processing, treatment, or disposal of solid waste. ee. Solid Waste Management the purposeful, systematic control of the generation, storage, collection, transport, separation, processing, recycling, recovery, and final disposal of solid waste.

ff. Waste this shall refer to all kind of wastes as follows: 1. Agricultural Waste shall refer to waste generated from planting or harvesting of crops, trimming or pruning of plants and wastes or run-off materials from farms or4Sb/jexfiles2011


fields. 2. Domestic Waste is the refuse from households, as distinguished from industrial waste, agricultural waste, hospital waste, etc. which may be classified as biodegradable or non-biodegradable. 3. Hazardous Waste shall refer to solid waste or combination of solid waste which because of its quantity, concentration, or physical, chemical or infectious characteristics may: cause, or significantly 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 environment when improperly treated stored, transported, or disposed of, or otherwise managed. 4. Special Wastes shall refer to household hazardous wastes such as paints, thinners, household batteries, lead-acid batteries, spray canisters and the like. These include wastes from residential and commercial sources that comprise of bulky wastes, consumer electronics, white goods, yard wastes that are collected separately, batteries, oil, and tires. These wastes are usually handled separately from other residential and commercial wastes. 5. Solid waste this includes anything thrown away, such as garbage, rubbish, trash, litter, junk, and refuse from any source (homes, businesses, farms, industries, or institutions); this is a discarded material 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 several components under two broad categories: 5.1. BIO-DEGRADABLE There are four (4) groups of waste under this category such as: i. Food (cooking) waste/kitchen waste: peelings, leftovers, vegetable trims, fish/fowl/meat/animal entrails/ innards/ cleanings, soft shells, seeds; ii. Agricultural (garden) waste: leaves/flowers, twigs, branches, stems, roots, trimmings, weeds, seeds/inedible fruits; iii. Animal waste: manure/urine, carcasses; and iv. Human waste: excreta, soiled pads, sanitary napkins. 5.2. NON-BIODEGRADABLE There are ten (10) groups of waste under this category: i. Metals such as, tin cans, aluminum, iron, lead, copper, silver; ii. Glasses: bottles, cullets (broken glass), sheets (shards), mirrors, bulbs; iii. Plastics: polyethylene (bags), polypropylene (Styrofoam) , polyvinyl (tubes, pipes, linoleum), polyacetate (fibers, cloth, rayon); iv. Rubber (natural and synthetic): tires, goods; v. Papers: dry papers, cardboards; vi. Dry processed fibers: cloth, twine; vii. Leathers: skin, feathers; viii. Hard shells; ix. Bones; and x. Rocks.

gg. Zero Waste Resource Management System is an ecological method of handling waste that does not degrade the environment not polluted the air, water, and soil and facilitates in their sanitary retrieval or recycling.

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ARTICLE V SOLID WASTE MANAGEMENT BOARD Section 8. Creation of the Municipal Ecological Solid Waste Management Board There shall be created a Municipal Ecological Solid Waste Management Board which shall prepare, submit and implement a plan for the safe and sanitary management of solid waste generated in the municipality. a. Composition of the Municipal Ecological Solid Waste Management Board. 1. Chairperson: Municipal Mayor 2. Members : Sangguniang Bayan Members (chairpersons of either the Committees on Environment or Health); President, Liga ng mga Barangay; Chairperson of the Sangguniang Kabataan Federation; Representative from NGOs; Representative from the recycling industry; and Representative from the manufacturing 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, from time to time, call on any concerned agencies or sectors as it may deem necessary, provided further, that representatives from NGOs, recycling and manufacturing or packaging industries shall be selected through a process designed by themselves and shall be endorsed by the government agency representatives of the Board. b. Duties and Responsibilities The Municipal Ecological Solid Waste Management Board shall have the following duties and responsibilities: 1. Develop the Municipal Ecological Solid Waste Management Plan that shall ensure the long-term management of solid waste, as well as integrate the various solid waste management plans and strategies of the barangays. In the development of the Solid Waste Management Plan, it shall conduct consultations with the various sectors of the community; 2. Adopt measures to promote and ensure the viability and effective implementation of solid waste management programs in its component barangays; 3. Monitor the implementation of the Municipal Ecological Solid Waste Management Plan through its various political subdivisions and in cooperation with the private sector and the NGOs; 4. Adopt specific revenue-generating measures to promote the viability of its Solid Waste Management Plan; 5. Convene regular meetings for purposes of planning and coordinating the implementation of the solid waste management plans of the respective component barangays; 6. Oversee the implementation of the Municipal Ecological Solid 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, effectiveness and relevance in relation to developments in the field of solid waste management; 8. Develop the specific mechanics and guidelines for the implementation of the Municipal Ecological Solid Waste Management Plan; 9. Recommend to appropriate local government authorities specific measures or proposals for franchise or build-operate-transfer agreements with duly recognized institutions, pursuant to R.A.6957, to provide either exclusive or non-exclusive authority for the collection, transfer, storage, processing, recycling or disposal of municipal solid waste. The proposals shall take into consideration appropriate government rules and regulations on contracts, franchise and build-operate-transfer agreements;6Sb/jexfiles2011


10. Provide the necessary logistical and operational support to its component in consonance with subsection (f) of Sec. 17 of the Local Government Code; 11. Recommend measures and safeguards against pollution and for the preservation of the natural ecosystem; 12. Coordinates the efforts of its components barangays in the implementation of the Municipal Ecological Solid Waste Management Plan; 13. Spearhead in the information dissemination of the Waste Management to different sectors of the community; 14. Encourage its constituents to patronize products manufactured using recycled and recyclable materials; and 15. Formulate policies, schemes and calendar (the time and manner) of solid waste collection. Section 9. Barangay Ecological Solid Waste Management Committee (BSWMC) There shall also be created a Barangay Ecological Solid Waste Management Committee at the barangay level with the functions and responsibilities stipulated in the RA9003. a. Composition 1. One Sangguniang Barangay Kagawad; 2. Sangguniang Kabataan chairperson; 3. President of home owners association; 4. Public/private school principals or representative; 5. A parent/teachers association president or representative; 6. One religious organization representative; 7. One business community representative; 8. One environmental NGO representative; 9. President of market vendors association; and 10. One representative from junkshop owners association.

b. Duties and Responsibilities 1. Formulate the barangays SWM program consistent with the municipal SWM plan; 2. Segregate/collect biodegradable, compostable and reusable waste; 3. Establish materials recovery facility; 4. Allocate barangay funds and look for sources of fund; 5. Organize core coordinators; and 6. Submit monthly report to the city/ municipality.

ARTICLE VI WASTE GENERATION AND STORAGE Section 10. Responsibilities and Duties of Every Resident of the Municipality Every inhabitant, owner or lessee of residential, industrial or commercial establishments in the Municipality shall observe and maintain cleanliness as well as orderliness in their respective property-area of responsibility which shall be started from the primary and fundamental principle of Waste Disposal Management, the SEGREGATION of wastes according to their specific classification or kind; biodegradable, non-biodegradable and recyclables, poisonous, hazardous or infectious waste. Therefore they shall be oriented properly on the role that they are going to perform.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 properly separated in enclosed containers for recoverables, leftovers/ compostables, and7Sb/jexfiles2011


others. The leftovers or kitchen wastes shall either be directly given to the animals as feed or stored temporarily for composting/or biogas production. 3. Residents shall choose appropriate containers such as cans, sack, bags, bins, etc. that will facilitate sanitary, efficient 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 thoroughfares and grounds in front 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/operators/lessee of any commercial establishments shall be oriented on waste minimization and segregation on site. They shall be re- oriented about it every renewal of their Mayors Permit. 2. The storage containers for segregated commercial wastes shall be communal or individual with cover depending on its location for collection and transport process. 3. The lobby and fronting sidewalks or immediate grounds of commercial establishments shall be maintained clean and presentable by the owner/operator/lessee of the establishments. 4. The fronting sidewalks and immediate areas of stall or open 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 firm shall ensure the proper and hygienic storage of generated and segregated waste in receptacles or containers that shall be situated along the collection routes. 2. The head of any institutional or industrial firm or establishment shall ensure the cleanliness, sanitation and orderliness of its facilities, yards, and fronting sidewalks and streets. 3. Hazardous wastes shall be segregated from other wastes and shall be stored safely in good, durable, and duly covered receptacles which should be located in secured and distant site prior to final collection and transport. 4. Hazardous waste (chemical, biological, and radioactive substances) shall be stored, collected and transported and disposed of in accordance with applicable laws, guidelines, rules and regulation of the Environmental Management Bureau of the Department of the Environmental and Natural Resources (EMB-DENR), Department of Health (DOH), and the Philippines Nuclear Research Institute (PNRI).d. FOR AGRICULTURAL AREAS: (which includes Farms for Livestock, poultry)

1. Homogenous agricultural wastes (rice straws, corn cobs, leaves, animal manure) shall be properly stockpiled and stored by the concerned farmer for composting or other waste transformation processes. Section 11. Littering No person shall litter and scatter solid waste in street, highways, sidewalks, and other public places (parks, playgrounds, rivers). Solid waste shall include among others, cigar/cigarette butts, boxes/ packages, candy/bread wrappers, match stick, disposable diapers, food packages.8Sb/jexfiles2011


ARTICLE VII WASTE PROCESSING AND RESOURCE RECOVERY Section 12. Segregation and Volume Reduction the following shall be the process of segregation and reduction of solid wastes: a. FOR RESIDENTIAL AREAS: 1. Segregated recyclables shall be properly stored before collection. These recyclables shall be collected separately and brought 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 manufacturers of recycled products. 3. Food and kitchen refuse shall be collected as fodder or feeds for animals. Those portions that are not suitable as fodders shall be composted. Those who have no backyards for composting must enroll with their respective barangay for proper collection. b. FOR COMMERCIAL AREAS: 1. Segregation of wastes from commercial areas shall be mandatory before the issuance of or renewal of business permits. 2. The owner/lessee/occupant of commercial establishment shall adopt a segregation scheme that will facilitate the segregation of recyclables, food/vegetable waste, nonrecyclable, etc. 3. Food wastes from commercial center shall be collected as fodder or animal feeds 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 performed to avoid foul odors and proliferation of flies. 2. Schools (both public and private) shall adopt appropriate resource recovery and recycling strategies. 3. Hazardous wastes shall be incinerated only after getting proper assistance or guidance from concerned agencies. d. FOR AGRICULTURAL AREAS: 1. Agricultural wastes shall not be burned but shall be stockpiled in a proper location and composted. Animal manure can also be composted or used for biogas production.

ARTICLE VIII COLLECTION AND TRANSPORT OF SOLID WASTES Section 13. Collection and Transportation the following shall be the process of collection and Transportation of solid wastes from different areas as follows: a. RESIDENTIAL AREAS: 1. The concerned resident shall ensure that the solid waste are segregated and brought out in front of his gate or door and/or along the collection route of the collection vehicle during the collection period; 2. The resident shall report to the Barangay Coordinator or concerned official for any9Sb/jexfiles2011


uncollected solid waste within the vicinity of his/her residence; 3. Garbage shall be placed in an appropriate container. 4. The specific date and hour of garbage collection in particular location or area shall be scheduled by the Municipal Ecological Solid Waste Management Board. b. COMMERCIAL AREAS: 1. The owner/operator/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 proper 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 official in the collection of uncollected solid wastes and other related matters. 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 solid wastes. 2. The collection and transportation of any hazardous waste shall be duly coordinated with the Municipal Health office and or government agencies concerned with such type of waste.

Section 14. Areas and schedule of garbage collection The Municipal Ecological Solid Waste Management Board shall formulate a specific time and schedule as to the kind of solid wastes to be collected. The scheduled time for collection shall be widely disseminated through the Barangay Ecological Solid Waste Management Council. An Executive Order for this purpose shall be issued for compliance of all concerned in the locality. Section 15. No segregation No Collection Garbage not segregated and not placed in an appropriate container shall not be collected. NO SEGREGATION NO COLLECTION POLICY SHALL BE IMPOSED.

ARTICLE IX DISPOSAL OF SOLID WASTES Section 16. Solid Waste Disposal Site The Local Government Unit shall establish an Integrated Solid Waste Management Facility within the Municipal Ecological Park located at Barangay Bigaas. All residual waste collected from the residential, commercial, institutional and industrial areas shall be brought to the said facility. Section 17. Residential, Commercial and Institutional Wastes Solid wastes from residential, commercial and institutional area shall be disposed accordingly: a. Residuals of solid waste after resource recovery, recycling, and composting shall be disposed of by sanitary land filling or other ecologically sound methods. b. Hospital wastes, especially infectious wastes shall be treated or processed in an approved facility and residues shall be disposed in separate compartments in the sanitary landfill.10Sb/jexfiles2011


c. Illegal dumping of solid waste along streets, alleys, riverbanks, and in any public places shall be strictly prohibited. Section 18. Industrial Wastes Hazardous wastes shall be disposed, treated or processed in accordance with the laws, rules, regulations and guidelines of the concerned government agencies as follows: a. Environmental Management Bureau of the Department of Environment and Natural Resources (EMD-DENR); b. Department of Health (DOH); and c. Philippine Nuclear Research Institute (PNRI).

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, process and store compostable and recyclable material efficiently and in an environmentally sound manner. The facility shall address the following design and considerations: a. The building and/or land layout and equipment must be designed to accommodate efficient and safe materials processing, movement, and storage; b. The building must be designed to allow efficient and safe external access and to accommodate internal flow; c. Receive biodegradable and non-biodegradable wastes for composting and recyclable wastes for segregation; d. The building shall be not be located in flood-prone areas; and e. The building shall have provisions to control odor from within the facility.

Section 20. Operation of Barangay Material Recovery Facility Each Barangay shall be responsible for the collection, segregation and recycling of biodegradable, recyclable, compostable 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 open space to be determined by the Sangguniang Barangay. Section 21. Waste to be processed The MRF shall receive biodegradable waste for composting and mixed non-biodegradable waste for final segregation, reuse and recycling, provided however that, each type of mixed wastes is collected from the source and transported to the MRF in separate containers. Section 22. Residual Waste The resulting residual wastes shall then be transferred to a long- term storage or disposal facility. ARTICLE XI EDUCATION AND PUBLIC INFORMATION Section 23. Information and Education Campaign (IEC) there shall be organized IEC11Sb/jexfiles2011


Teams at the municipal level and education sector responsible for the conduct of IEC to create awareness; develop positive attitudes about a promoted concept on solid waste management; build skills and capacities; and mobilize the residents to action and participation. IEC strategy shall be developed by the Municipal Ecological Solid Waste Management Board (MESWMB). Section 24. IEC in Government Offices All government offices in the municipality shall ensure information, education and actual implementation of waste management program in their workplaces and work premises including the pursuit of environment friendly purchasing policies in their respective offices.

ARTICLE XII PROHIBITIONS Section 25. Prohibited Acts The following acts are prohibited. a. Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals esteros or parks, and establishment or causing or permitting the same; b. Undertaking activities or operating, collecting or transporting equipment in violation of sanitation operation and other requirements or permits set forth in or established pursuant to Republic Act 9003; c. The open burning of solid waste; d. Causing or permitting the collection of non-segregated or unsorted waste; e. Squatting in open dumps and landfills; f. Open dumping, burying of biodegradable or non-biodegradable materials in flood-prone areas; g. Unauthorized removal or recyclable material intended for collection by authorized persons; h. The mixing of source-separated recyclable material with other solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal; i. The construction of any establishment within two hundred (200) meters from open dumps or controlled dumps or sanitary landfills; j. The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir or watershed area or any portion thereof; and k. Throwing or dumping of waste matters during night time especially within the market premises. l. Throwing 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 and Industrial Establishments Commercial and industrial establishments shall be charged an annual garbage fee to supplement other sources of revenue for12Sb/jexfiles2011


the operations 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 Solid Waste Management Board (M ESWMB) to any of the establishments, institutions and barangays that religiously follow the proper segregation, reduction and disposal of wastes.

ARTICLE XV PENALTIES Section 28. Fines and Penalties; Citation Ticket The following are fines and penalties imposed on violators of the provisions of this ordinance and citation ticket a. Any person who violates Section 15 and Section 25 (a), (d), (k) and (l) shall be punished with a fine of not less than Three hundred pesos (P300.00) but not more than Eight hundred pesos (P800.00) or render community service for not less than three (3) days but not more than five (5) days, or both; b. Any person who violates Section 17 (c), Section 25 (c), (f), (g),and (h) shall be punished with a fine 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 violates Section 25 (b) and (i) shall be punished with a fine 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 five (3) days but not more than seven (7) days, or both upon the discretion of the court; and d. Any person who violates Section 25 (e) and (j) shall be punished with a fine of not less than Eight hundred pesos (P800.00) but not more than One thousand five 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 violated Section 15 of this ordinance shall be penalized by a fine under this following schedule: 1. First Offense - The name of the offender shall be taken for record and reference purposes and be informed about the rules and regulations regarding waste disposal and warned that the succeeding offenses shall have a considerable penalty. However, No Segregation No Collection Policy shall be imposed. 100.00 2. Second Offense P Aside from the monitory penalty, No Segregation No Collection Policy shall be imposed. 3. Third and succeeding Offenses P A fine and or an imprisonment of not less than fifteen (15) days or both at the discretion of the penalty and or imprisonment, No SegregationSb/jexfiles2011

200.00 five (5) days but not more than Court. Aside from the monitory No Collection Policy shall be13


imposed. Any person or person/s whether natural or juridical or institution who violated Section 19 of this Ordinance shall be punished by a fine of not less than one thousand five hundred (P1,500.00) but not more than two thousand five hundred (P2,500.00) or imprisonment of not less than fifteen (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 if violator is a corporation, firm, or other corporate entities, the maximum penalty shall be imposed upon to the President, Manager, Director or persons responsible for its operations. Habitual violators, who are willfully violating any provisions in this Ordinance, shall upon conviction be punished by a fine of not less than one thousand five hundred (P1,500.00) but not more than two thousand five hundred (P2,500.00) or imprisonment of not less than fifteen (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 fine Voluntary Service shall be an alternative only for payment of fines of not less than five hundred pesos (P500.00) but not more than one thousand pesos (P1,000.00), an imposed fine for violating regulations on Proper Waste Disposal. The apprehended offender however, should be given freewill to choose 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 procedures are hereby prescribed for the voluntary community service under this ordinance: 1. Upon the apprehension, the concerned offender shall be informed by the apprehending official/authority of the option to render service voluntarily or to pay the corresponding fine.2. If the concerned offender selects to pay in cash the stipulated fine, he/ has only

three (3) working days after the apprehension to do so. However, if the offender opts to render service, he/ she has seven (7) days to do so. Otherwise, his/ her violation case shall be forwarded to a local court for appropriate judicial hearing and penal sanction.3. If the offender elects to render community service, he shall be advised by the

apprehending official/ authority to proceed at the Municipal Environmental and Natural Resources Office (MENRO) for the notification and weighing of the offence 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

offender shall notify first the Municipal Environmental and Natural Resources Office (MENRO) of his/ her presence and the act to be done.5. After a days of Community Service, the concerned offender shall be given a

Certification that he/ she has already comply with the community service of cleaning the down town or Market premises, then it shall be presented to the Municipal Environmental and Natural Resources Office (MENRO) for purposes of offsetting the imposed fine.

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ARTICLE XVI FUNDING

Section 30. Funds The municipal government down to the barangay levels, shall allocate portion of their 20% economic development funds for the effective implementation of ecological solid waste management program.

ARTICLE XVII FINAL PROVISION Section 31. Supplementary Clause The R.A. 9003 provisions on solid waste management shall serve as supplementary to this ordinance. Section 34. Separability Clause Whenever any part or parts of the provisions of this Ordinance is declared null and void, the other part or parts not affected thereby shall be in full force and effect. Section 35. Repealing clause All Ordinances which are inconsistent with this Ordinance are hereby repealed or modified accordingly. Section 36. Effectivity This Ordinance shall take effect immediately after 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 xxxx

I HEREBY CERTIFY to the correctness of the foregoing ordinance.

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CITATION TICKETRepublic of the Philippines Province of Camarines Sur MUNICIPALITY OF CALABANGA

C I T A T I O N

T I C K E T

Name: Address: Place of Violation:

Middle Initial:

Surname: Date of Birth: Date of Violation:

Specific Ordinance or Section Violated: Apprehending Officer: Signature:

, promise to report to the office of the Municipal Environmental and Natural Resources Office (MENRO) within three (3) working days from date of violation for compliance, in case I failed comply within the prescribed period I submit myself to the imposition of the fines and/or penalties imposed by the ordinance violated.I,

_____________________________ Signature

________________________ Date

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solid waste final draft

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