Solid Waste Management Ordinance

Republic of the Philippines

Province of Cotabato

Municipality of Kabacan

SANGGUNIANG BAYAN


 

EXCERPTS FROM THE MINUTES OF THE 74th REGULAR SESSION OF THE 17TH SANGGUNIANG BAYAN OF KABACAN, COTABATO HELD ON JANUARY 29, 2009  IN THE DATU BUNDAS L. MAMALUBA SESSION HALL.

 

The session was called to order by the Acting Presiding Officer at 9:45 A.M. and the following  were:

 

PRESENT:        Hon. Policronio J. Dulay, Vice-Mayor/ Presiding Officer

Hon. Jabib M. Guiabar, Member

Hon. Herlo C. Guzman, Jr.

Hon. Jonathan M. Tabara, Member

Hon. Cedric S. Mantawil, Member

Hon. Manny K. Pedtamanan, Member

Hon. Rufino S. Dapun, Sr., Member

Hon. Datu Masla P. Mantawil, Member

Hon. Undongan B. Sudang, Member

Hon. Quene Lee A. Fajardo, SB Member

ABSENT:          NONE

RESOLUTION NO. 2009-035

RESOLUTION ENACTING AN ORDINANCE PROVIDING FOR AN INTEGRATED SOLID WASTE MANAGEMENT, PRESCRIBING FEES FOR SOLID WASTE MANAGEMENT SERVICES, DECLARING CERTAIN ACTS PROHIBITED AND PROVIDING PENALTIES, APPROPRIATING FUNDS THEREFORE AND AMENDING FOR THE PURPOSE ORDINANCE NO. 200006-014, S. 2006.

 

(AUTHOR: HON. JONATHAN M. TABARA)

(CO AUTHOR: HON. CEDRIC S. MANTAWIL)

WHEREAS, Republic Act No. 9003 provides for an ecological solid waste management program, creates the necessary institutional mechanisms and incentives, declares certain acts prohibited and provides penalties for violations;

 

WHEREAS, Section 10 of Republic Act No. 9003 provides that, “Pursuant to the relevant provisions of R.A. No. 7160, otherwise known as the Local Government Code, the LGUs shall be primarily responsible for the implementation and enforcement of the provisions of this Act within their respective jurisdictions.”;

 

WHEREAS, Section 16 of Republic Act No. 9003 provides that, “The province, city or municipality, through its local solid waste management boards, shall prepare its respective 10-year solid waste management plans consistent with the National Solid Waste Management Framework: Provided, That the waste management plan shall be for the re-use, recycling and composting of wastes generated in their respective jurisdictions: Provided, further, That the solid waste management plan of the LGU shall ensure the efficient management of solid waste generated within its jurisdiction.”;

 

WHEREAS, Section 47 of Republic Act No. 9003 provides that, “The local government unit shall impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing a solid waste management plan prepared pursuant to this Act.”;

 

WHEREAS, Section 4, Rule XIX of the Implementing Rules and Regulations (IRR) of Republic Act No. 9003 provides that local government units shall be required to legislate appropriate ordinances to aid in the implementation of Republic Act No. 9003 and in the enforcement of its provisions; provided, such ordinances shall be formulated pursuant to relevant provisions of R.A. No. 7160;

 

WHEREAS, pursuant to Section 16 of Republic Act No. 9003, the Municipality of Kabacan has prepared its 10-year integrated solid waste management (ISWM) plan and the same has been duly adopted and approved by the Sangguniang Bayan through Resolution No. 2008-369.

 

NOW THEREFORE, after thorough deliberation and discussion, on motion of Hon. Jonathan M. Tabara, duly seconded by Hon. Cedric S. Mantawil, the Sangguniang Bayan has-

 

RESOLVED, as it hereby resolves, to enact, as it hereby enacts-

ORDINANCE NO.001-2009

 

AN ORDINANCE PROVIDING FOR AN INTEGRATED SOLID WASTE MANAGEMENT, PRESCRIBING FEES FOR SOLID WASTE MANAGEMENT SERVICES, DECLARING CERTAIN ACTS PROHIBITED AND PROVIDING PENALTIES, APPROPRIATING FUNDS THEREFORE AND AMENDING FOR THE PURPOSE ORDINANCE NO. 2006-014, S. 2006

 

Be it ordained, by the Sangguniang Bayan in a regular session duly assembled, that:

 

Article 1

General Provisions

 

Section 1. Title – This ordinance shall be known as the Kabacan Integrated Solid Waste Management Ordinance of 2008.

 

Section 2. Declaration of Policies – It is hereby declared the policy of the Municipality to adopt and implement a comprehensive, integrated and ecological solid waste management program which shall:

 

a)    Ensure the protection of public health and environment;

 

b)    Utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage resources conservation and recovery;

 

c)    Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste minimization measures, including composting, recycling, re-use, recovery and others, before collection, treatment and disposal in appropriate and environmentally-sound solid waste management facilities in accordance with ecologically sustainable development principles;

 

d)    Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste through the formulation and adoption of the best environmental practices in ecological waste management excluding incineration;

 

e)    Strengthen the integration of ecological solid waste management and resources conservation and recovery topics into the academic curricula of formal and non-formal education in order to promote environmental awareness and action among citizenry;

 

f)     Implement local enforcement plan with barangays and other local government units, non-government organizations, and the private sector;

 

g)    Encourage greater private sector participation in solid waste management;

 

h)   Institutionalize public participation in the development and implementation of integrated, comprehensive and ecological waste management programs; and

 

i)     Promote research and development programs for improved solid waste management.

 

 

Article 2

Definition of Terms

 

Section 3. Definition of Terms – For the purposes of this Ordinance:

 

a)            Agricultural waste shall refer to the waste generated from planting or harvesting of crops, trimming or pruning of plants and wastes or run-off materials from farms or fields;

b)            Biodegradable waste shall refer to any material that can be reduced into four particles, degraded or decomposed by microbiological or enzymes. This is synonymous with compostable.

c)            Bulky wastes shall refer to waste materials which cannot be appropriately placed in separate containers because or 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, bookcase, filing cabinets, and other similar items;

d)            Bureau shall refer to the Environmental Management Bureau;

e)            Business establishments refer to establishments that are required to secure business permits prior to operation.

f)             Buy-back center shall refer to a recycling center that purchases or otherwise accepts recyclable materials from the public for the purpose of recycling such materials;

g)            Collection shall refer to the act of removing solid waste from the source or from a communal storage point;

h)           Composting shall refer to the controlled decomposition of organic matter by micro-organisms, mainly bacteria and fungi, into a humuslike product;

i)             Consumer electronics shall refer to special wastes that include worn-out, broken, and other discarded items such as radios, stereos, and TV sets;

j)              Controlled dump shall refer to a disposal site at which solid waste is deposited in accordance with the minimum prescribed standards of site operation;

k)            Department shall refer to the Department of Environment and Natural Resources;

l)             Disposal shall refer to the discharge, deposit, dumping, spilling, leaking or placing of any solid waste into or in any land;

m)          Disposal site shall refer to a site where solid waste is finally discharged and deposited;

n)           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;

  • o)            Environmentally acceptable shall refer to the quality of being re-usable, biodegradable or compostable, recyclable and not toxic or hazardous to the environment;

p)            Generation shall refer to the act or process of producing solid waste;

q)            Generator shall refer to a person, natural or judicial, who last uses a material and makes it available for disposal or recycling;

r)             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;

 

1)            cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

2)            pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed;

 

s)            Leachate shall refer to the liquid produced when waste undergo decomposition, and when water percolate through solid waste undergoing decomposition. It is a contaminated liquid that contains dissolved and suspended materials;

t)             Materials recovery facility – includes a solid waste transfer station or sorting station, drop-off center, a composting facility, and a recycling facility;

u)           Municipal waste shall refer to wastes produced from activities within local government units which include a combination of domestic, commercial, institutional and industrial wastes and street litters;

v)            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;

w)           Opportunity to recycle shall refer to the act of providing a place for collecting source-separated recyclable material, located either at a disposal site or at another location more convenient to the population being served, and collection at least once a month of source-separated recyclable material from collection program that gives notice to each person of the opportunity to recycle and encourage source separation of recyclable material;

x)            Person(s) shall refer to any being, natural or judicial, susceptible of rights and obligations, or of being the subject of legal relations;

y)            Post-consumer material shall refer only to those materials or products generated by a business or consumer which have served their intended end use, and which have been separated or diverted from solid waste for the purpose of being collected, processed and used as a raw material in the manufacturing of recycled product, excluding materials and by-products generated from, and commonly used within an original manufacturing process, such as mill scrap;

z)            Receptacles shall refer to individual containers used for the source separation and the collection of recyclable materials;

aa)         Recovered materials shall refer to material and by-products that have been recovered or diverted from solid waste for the purpose of being collected, processed and used as a raw material in the manufacture of a recycled product;

bb)         Recyclable material shall refer to any waste material retrieved from the waste stream and free from contamination that can stall be converted into suitable beneficial use or for other purposes, including, but not limited to, newspaper, ferrous scrap metal, non-ferrous scrap metal, used oil, corrugated cardboard, aluminum, glass, office paper, tin cans and other materials as may be determined by the Commission;

cc)         Recycled material shall refer to post-consumer material that has been recycled and returned to the economy;

dd)         Recycling shall refer to the treating of used or waste materials through a process of making them suitable for beneficial use and for other purposes, and includes any process by which solid waste materials are transformed into new products in such a manner that the original products may lose their identity, and which may be used as raw materials for the production of other goods or services: Provided, that the collection, segregation and re-use of previously used packaging material shall be deemed recycling under this Act;

ee)         Residual wastes refer to any material which has no more use at all and therefore be disposed off from source.

ff)           Resource conservation shall refer to the reduction of the amount of solid waste that are generated or the reduction of overall resource consumption, and utilization of recovered resources;

gg)         Resource recovery shall refer to the collection, extraction or recovery or recyclable materials from the waste stream for the purpose of recycling, generating energy or producing a product suitable for beneficial use: Provided, that, such resource recovery facilities exclude incineration;

hh)        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;

ii)            Sanitary landfill shall refer to a waste disposal site designed, constructed, operated and maintained in a manner that exerts engineering control over significant potential environmental impacts arising from the development and operation of the facility;

jj)             Schedule of Compliance shall refer to an enforceable sequence of actions or operations to be accomplished within a stipulated time frame leading to compliance with a limitation, prohibition, or standard set forth in this Act or any rule or regulation issued pursuant thereto;

kk)         Secretary shall refer to the Secretary of the Department of Environment and Natural Resources;

ll)            Segregation shall refer to a solid waste management practice of separating 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;

mm)      Segregation at source shall refer to a solid waste management practice of separating, at the point of origin, 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;

nn)        Solid waste shall refer to all discarded household, commercial waste, non-hazardous institutional and industrial waste, street sweepings, construction debris, agricultural waste, and other non-hazardous/non-toxic solid waste.

  • oo)         Solid waste management shall refer to the discipline associated with the control of generation, segregation, storage, collection, transfer and transport, processing, and disposal of solid wastes in a manner that is in accord with aesthetics, and other environmental considerations, and that is also responsive to public attitudes;

pp)         Solid waste management facility shall refer to any resource recovery system or component thereof; any system, program, or facility for resource conservation; any facility for the collection, source separation, storage, transportation, transfer, processing, treatment, or disposal of solid waste;

qq)         Source reduction shall refer to the reduction of solid waste before it enters the solid waste stream be methods such as product design, materials substitution, materials re-use and packaging restrictions;

rr)           Source separation shall refer to the sorting of solid waste into some or all its component parts at the point of generation;

ss)         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;

tt)            Storage shall refer to the interim containment of solid waste after generation and prior to collection for ultimate recovery or disposal;

uu)        Transfer stations refer to those facilities utilized to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport.

vv)         Waste diversion shall refer to activities which reduce or eliminate the amount of solid wastes from waste disposal facilities;

ww)       White goods shall refer to large worn-out or broken household, commercial, and industrial appliances such as stoves, refrigerators, dishwaters, and clothes washers and dryers collected separately. White goods are usually dismantled for the recovery of specific materials (e.g., copper, aluminum, etc.); and

xx)         Yard waste shall refer to wood, small or chipped branches, leaves, grass clippings, garden debris, vegetables residue that is recognizable as part of a plant or vegetable and other materials identified by the Commission.

 

Article 3

Solid Waste Management Functions

 

Section 4. Solid Waste Management Functions The following functions shall be performed by the Office of the Municipal Planning and Development Coordinator (MPDC) until such time that the Municipal Environment and Natural Resources Office (MENRO) is created and funded:

 

  1. Conduct of necessary studies (i.e., time and motion study of collection routes, feasibility studies and environmental impact assessment) related to collection, materials recovery facility (MRF), composting and disposal facility;
  2. Provide technical assistance, logistical and training support to barangays and communities to help them formulate SWM strategies and plans, and implement, monitor and evaluate SWM projects;
  3. Formulate, review and refine procedures for SWM operations and enforcement, including coordination with groups and sectors providing support to the SWM program;
  4. Formulate, review and refine incentives and command and control systems to reinforce the proper practice of solid waste management;
  5. Conduct information, education and communication (IEC) campaigns;
  6. Provide technical and logistical support to the Speaker’s Bureau, volunteer enforcers, multi-sectoral monitoring and evaluation team and other groups/task forces organized to help implement the ISWM plan;
  7. Periodically monitor actual implementation of specific SWM initiatives;
  8. Periodically prepare reports on the performance status and analysis of implementation and enforcement of solid waste management ordinances;
  9. Prepare annual work and financial plans; and

10. Serve as the secretariat of the ESWM Board. The periodic reports on SWM that it will prepare will be submitted to the Board. It shall conduct research and data analysis to support the policy-making function of the Board. The annual SWM work and financial plan will be submitted to the ESWM Board for its endorsement to the SB so such can be included in the annual budget of the municipality.  It shall keep records of all meetings and decisions of the Board, and ensure that such decisions are carried out.

 

Article 4

The Municipal Integrated Solid Waste Management Plan

 

Section 5. Incorporation by Reference The Municipal Integrated Solid Waste Management Plan adopted and approved by the Sangguniang Bayan through Resolution No. 2008-369 is hereby incorporated by reference.

 

Section 6. Implementation – The Municipal Integrated Solid Waste Management Plan shall be implemented in accordance with the implementation schedule, strategies and guidelines contained in the said Plan.

 

 

Article 5

Segregation of Solid Waste

 

Section 7. Mandatory Segregation of Solid Waste The segregation of solid waste shall be mandatory. Segregation shall primarily be conducted at the source to include household, institutional, industrial, commercial and agricultural sources.

 

Section 8. Categories of Solid Waste Solid waste shall be segregated into the following categories:

 

a)        Compostable or Biodegradable

b)        Recyclable

c)        Residual

d)        Special Waste

 

Section 9. Requirements for Segregation and Storage of Solid Waste The sources of solid waste as listed above shall have separate receptacles or containers (i.e. sacks, bins, boxes, cans, bags, etc.) for each type of solid waste. The solid waste receptacle, depending on its use, shall be properly marked or identified for on-site collection as “compostable”, “recyclable”, “residual” or “special waste.” The receptacles shall be properly covered, secured or protected to prevent spillage or scattering of the waste and to ensure its containment.

 

Section 10. Additional Requirements for Premises Containing Six (6) or More Residential Units The owner or person in charge of premises containing six (6) or more residential units shall provide for the residents a designated area and containers in which to accumulate source separated recyclable materials for collection. In addition, such owner or person in charge shall notify the residents or occupants of such premises of the requirements of segregation.

 

Section 11. Additional Requirements for All Commercial, Institutional and Industrial Establishments The owners or heads of all commercial, institutional and industrial establishments shall provide a designated area and containers in which to accumulate source separated recyclable materials for collection. In addition, such owner or head of the institution shall notify all workers, employees, and entities working in the premises of the requirements of segregation. No scavenging or unauthorized collection in designated segregation containers or areas shall be allowed.

 

 

Article 6

Collection and Transport

 

Section 12. Guidelines The collection and transport of solid waste shall be undertaken in accordance with the guidelines and mechanisms prescribed in the municipal ISWM plan. The minimum requirements prescribed in RA 9003 and its IRR shall likewise be complied with. The information on collection of solid waste such as the schedule, types of waste to be collected and other relevant information shall be disseminated by the MPDC/MENRO to the general public.

 

            Section 13. Non-collection of Unsegregated Solid Waste Only segregated wastes and only the types of waste that are scheduled for collection on a particular day and time shall be collected. Unsegregated waste shall not be collected.

Section 14. Storage All wastes for collection must be stored in properly sealed/tied receptacles and brought outside households, institutions, commercial and industrial establishments and other sources during collection time only. Otherwise, the presence of these wastes outside of the scheduled collection time will be considered as a violation of the anti-littering provision of this Ordinance.

Section 15. Transport The collected biodegradable and recyclable wastes shall be dropped off at the Municipal MRF. Only the residual and special waste shall be brought to the disposal site.

 

Section 16. Collection Vehicles Only collection vehicles covered with nets, tarpaulins and other similar materials shall be allowed to transport solid waste from the collection area to the disposal facility. To ensure proper maintenance and to avoid unnecessary breakdowns that eventually disrupt the collection system, collection trucks shall undergo regular cleaning and maintenance. For this purpose, the existing municipal motor pool shall be utilized.

 

Section 17. Training and Equipment All personnel directly involved with the collection of solid waste shall be provided with the necessary training by the MPDC/SWM Office to ensure proper handling and management of waste. Personal protective equipment and paraphernalia such as but not limited to helmet, gloves, masks and safety boots shall also be provided to protect them from health hazards posed by handling solid wastes.  They will also undergo regular medical check up.

 

 

Article 7

Establishment of Materials Recovery Facility

Section 18. Municipal MRFThe establishment and operation of the MRF shall be in accordance with the strategy and guidelines prescribed in the municipal ISWM Plan. Likewise, the minimum requirements for establishment and operation prescribed in RA 9003 and its IRR shall be complied with.

 

Section 19. Barangay MRFsIn addition to the municipal MRF, Materials Recovery Facilities shall be established in the barangays or clusters of barangays. The barangay MRFs shall be established and operated in accordance with the strategy and guidelines prescribed in the municipal ISWM Plan. Likewise, the minimum requirements for establishment and operation prescribed in RA 9003 and its IRR shall be complied with.

 

 

Article 8

Disposal Facility

 

Section 20. Sanitary Landfill A Sanitary Landfill shall be established by the Municipality in accordance with the schedule and guidelines prescribed in the ISWM Plan.  In the establishment and operations of the sanitary landfill, the requirements and guidelines set out in the IRR of RA 9003 and the municipal ISWM plan shall be complied with.

 

 

 

Article 9

Regulation for Junk Shop Operations

 

Section 21. –  All junk shop owners and ambulant junk buyers operating in the municipality shall secure the necessary permit/accreditation from the MPDO/MENRO prior to operation. Ambulant junk buyers from other municipalities are required to pay the amount of P100.00 before issuance of the permit/accreditation certificate, which shall be effective for a period of one (1) year from issuance thereof.

 

 

 

Article 10

Incentive Programs

 

Section 22. Search for Best SWM Implementors – The Municipality shall conduct a municipal-wide annual Search for Best SWM Implementors in schools,  barangays, institutions and establishments. The MPDO/MENRO, in coordination with the ESWM Board shall develop the mechanics for this contest following the mechanics used in the present national search for model barangays implementing ESWM. Barangay LGUs are likewise encouraged to conduct similar contest at the purok level.

 

Section 23. Discounts on SWM Fees There shall be a ten percent (10%) discount on the SWM fee when such  is paid in full at the start of the year.

 

Section 24. Redemption Scheme for Recyclables Barangay LGUs may implement a redemption scheme for recyclables. Redeemable price stubs shall be given for recyclables brought to the barangay MRFs. These price stubs may be redeemed after the recyclables for which they have been issued have been traded or sold. The MPDC/MENRO shall prepare the mechanics for the redemption scheme.

 

Article 11

Education

 

Section 25. Information, Education and Communication – An IEC program shall be implemented by the Municipality pursuant to the strategies, mechanisms and guidelines contained in the municipal ISWM Plan. The Sangguniang Bayan shall appropriate the necessary funds to support the implementation of the IEC program. The appropriation/s shall be based on the budget to be submitted by the MPDC/MENRO for the purpose.

 

Section 26. IEC Materials – A variety of IEC materials shall be developed to support the SWM communications program. Print materials such as information sheets, posters, flyers, billboards and banners shall be developed, reproduced and distributed to target audiences. Public service announcements, radio and TV plugs/programs shall be developed and aired through the local radio stations and local cable network.

 

Section 27. Creation of IEC & Advocacy Teams – A municipal IEC & Advocacy team shall be created and shall be responsible in promoting SWM concerns in the municipality. The IEC & Advocacy team, in coordination with the MPDC/MENRO shall perform the following functions:

 

  1. prepare and implement detailed communication plans to support implementation of the 10-year SWM Plan;
  2. develop, reproduce and disseminate SWM promotional materials;
  3. conduct information/advocacy campaign to waste generators;
  4. establish linkage/network with partners to generate support for SWM implementation;
  5. organize and train barangay IEC Committees;
  6. document best SWM practice/model and facilitate publication/distribution of SWM success stories; and
  7. perform such other functions as may be required.

 

 

Article 12

Financing of Solid Waste Management Projects

 

Section 28. Funding The funds for the implementation of the municipal ISWM Plan shall be sourced from the twenty percent (20%) development fund and other available sources including funds from funding agencies.

 

 

Article 13

Procurement of Services, Materials and Equipment

 

Section 29. The procurement of services, materials and equipment for SWM activities as provided in the municipal ISWM Plan shall follow the procedures set out in the implementing rules and regulations of the Revitalized Procurement Act of 2003 (RA 9183). The Municipal Bids & Awards Committee (MBAC) shall ensure that transparent, competitive and participatory procedures will be followed in the bidding and award of the contracts and that there will be periodic assessment of the performance of the contractors.

 

 

Article 14

The Municipal Solid Waste Management Fund

 

Section 30. Establishment of the Fund There is hereby created, as a special account of the Municipality of Kabacan Municipal Solid Waste Management Fund to be administered by the Municipal Solid Waste Management Board.

 

Section 31. Management of the Fund The Municipal Solid Waste Management Board shall develop pertinent guidelines on the management of the Fund: Provided, That reporting on the status of the Fund shall be done in a transparent manner: Provided further, That a report on the Fund shall be issued annually to Sangguniang Bayan by the Municipal Solid Waste Management Board in collaboration with the Commission on Audit within four (4) months after the end of each fiscal year.

 

Section 32. Sources of the Fund The Municipal Solid Waste Management Fund shall be sourced from the following:

 

a)    Donations, endowments, grants and contributions from domestic and foreign sources;

b)    The Municipal allocation or share in the fines collected pursuant to Republic Act No. 9003 and its Implementing Rules and Regulations;

c)    Fees collected from provision of solid waste services such as collection, recycling, and transport, among others;

d)    Sub-contracting fees including management, transport and others;

e)    The amount allocated for solid waste management from the 20% Municipal Development Fund non-infrastructure portion, which amount shall be determined based on needs.

 

Section 33. Use of the Fund The Municipal Solid Waste Management Fund shall be used to support the implementation of the municipal ISWM Plan, including endeavors that will enhance its implementation. These may include activities/projects on the following:

 

a)    Regular operating and maintenance expenses of the MENRO excluding salaries and wages. However, expenses may include per diems and honoraria in accordance with the regulations of the Commission on Audit and other existing accounting rules and regulations.

b)    Products, facilities, technologies and processes to enhance proper solid waste management;

c)    Research activities;

d)    Information, education, communication and monitoring activities;

e)    Capability-building activities.

 

Section 34. Criteria for Accessing the Fund The Municipal Solid Waste Management Fund may be availed of based on the following criteria:

 

a)    The project or activity proposed to be funded shall be based on the municipal ISWM Plan;

b)    Only one (1) project per proponent shall be eligible for funding support;

c)    A proponent may avail of the Fund once in every three (3) years but not for the same project or activity.

d)    Proponents belonging to the private sector and civil society groups shall be accredited by the Municipal Solid Waste Management Board. The process for accreditation shall be defined by the Board.

e)    Project/activity types under the following categories may be considered:

 

  1. Solid waste management projects which catalyze investment from the private sector and/or other investors;
  2. Innovative solid waste management approaches
  3. Prototyping solid waste management models

 

f)     The process for the availment of funds is completed.

 

Section 35. Level of Funding The level of funding for projects or activities proposed to be funded under the Municipal Solid Waste Management Fund shall be determined and set by the Municipal Solid Waste Management Board.

 

Section 36. Process for Availing the Fund The Municipal Solid Waste Management Board shall promulgate the procedure or guidelines for availing the Municipal Solid Waste Management Fund. In the promulgation of such procedures or guidelines, the Board shall consider the general process for availing the local fund described in Appendix C of the Implementing Rules and Regulations of Republic Act No. 9003.

 

 

Article 15

Solid Waste Management Fees

 

            Section 37. Imposition of Fees There is hereby imposed a solid waste management fee for solid waste management services provided by the Municipality in accordance with the schedule contained hereunder. The fees collected shall form part of the Municipal Solid Waste Management Fund established under this ordinance.

 

Section 38. Coverage The solid waste management fees imposed herein shall be collected from all sources of solid waste covered by the solid waste management services provided by the Municipality.

 

 

 

Section 39. Fees for Households Households shall pay a monthly solid waste management fee for collection services provided by the Municipality as follows:

 

Household

Amount

Single detached unit P20.00
Multiple units/Boarding Houses/apartment style P35.00

 

Section 40. Fees for Institutions Institutions shall pay a monthly solid waste management fee for services provided by the Municipality as follows:

 

Type of Institution

Amount

Banks, Churches, Chapels, Public and

Private Schools

P50.00
Hotels and Tourist Establishments, Memorial Parks P60.00

 

 

Section 41. Fees for Establishments Establishments shall pay a yearly solid waste management fee for services provided by the municipality as follows:

 

Establishment

Amount

Small

Medium

Large

Agro-industrial P300.00 P500.00 P1000.00
Commercial establishment P300.00 P500.00 P1000.00

 

Section 42. Fees for Establishments generating Special Wastes Establishments generating Special Wastes shall pay a monthly solid waste management fee for services provided by the Municipality as follows:

 

Type of Establishment

Amount

Clinics, Gas Stations & Funeral Parlors P50.00
Hospital P100.00

 

 

Section 43. Manner of Payment/Collection The fees imposed herein shall be paid/collected as follows:

 

Sources of Wastes

Schedule of Payment

Households

Monthly

Institutions

Annual

Agro-Industrial Establishments

-do-

Commercial Establishments

-do-

Establishments Generations Special Wastes

-do-

 

Section 44. Collection of SWM Fees For household residents, the Barangay Treasurer shall be responsible in the collection of SWM fees. Collection of garbage fees for institutions and establishments shall be collected by the Municipal Treasurer’s Office or may be incorporated in the payment of business permit fees.

 

Section 45. Adjustment of Fees The fees imposed herein shall be subject to a ten percent (10%) increase after three (3) years. Any subsequent increase or decrease shall be made through an appropriate ordinance enacted by the Sangguniang Bayan based on results of assessments or studies conducted for the purpose.

 

Section 46. Penalties For late payments, a surcharge of five percent (5%) per month of delay shall be imposed.

 

 

Article 16

Prohibitions and Penalties

 

Section 47. Prohibited Acts In addition to the prohibitions contained in the above provisions, the following acts are likewise prohibited:

 

  1. Littering or throwing of waste matters in public places.
  2. Dumping of garbage in public and private places.
  3. Non-segregation of solid waste at source.
  4. Unscheduled bringing out of waste.
  5. Unauthorized dumping of solid waste at the disposal facility.
  6. Improper dumping of solid waste at the disposal facility.
  7. Transport of solid waste without nets or covering materials on the collection vehicles.
  8. Open burning of solid waste
  9. Burning of agricultural waste

 

Section 48. Fines and Penalties The following fines and penalties shall be imposed for violation of this Ordinance:

 

  1. First Offense – P500.00 or 8 hours community service
  2. Second Offense – P1,000.00 or 16 hours community service
  3. Third Offense – P2,500.00 or 40 hours community service
  4. Fourth Offense – Imprisonment of  one (1) month to six (6) months at the discretion of the court.

 

 

Article 17

Procedure

 

            Section 49. Violations of the Ordinance The following procedure shall be observed in case of violation of this Ordinance:

 

  1. Apprehension
  2. Issuance of Citation Ticket
  3. Payment of fine or render community service depending on prescribed penalty
  4. Filing of case in court, if necessary

 

 

Article 18

Enforcement Mechanisms

 

Section 50. Enforcement This Ordinance shall be enforced by the Philippine National Police (PNP) and deputized SWM enforcers. The deputized SWM enforcers shall consist of three groups, namely: a) regular enforcers, b) auxiliary enforcers, and c) volunteer enforcers.

 

            Section 51. Composition and Functions of Regular Enforcers The regular enforcers will consist of the SWM enforcement personnel from the MPDO, MEO, MHO, Mayor’s Office, MAO and MENRO. Among the functions to be performed by the regular enforcers are the following.

 

  1. Coordinate the actions and activities of the auxiliary enforcers and deputized volunteers.
  2. Apprehend violators of SWM Ordinances and issue citation tickets.
  3. Prepare and submit monthly reports to the MPDO/MENRO
  4. Perform other related functions as may be required

 

            Section 52. Composition and Functions of Auxiliary Enforcers The auxiliary enforcers will consist of Barangay Officials and Barangay Tanods. They will be tasked to enforce specific SWM regulations in their areas of jurisdiction. The functions to be performed by the auxiliary enforcers are the following:

 

  1. Apprehend violators of SWM ordinances within their areas of jurisdiction and issue citation tickets. The Head of the SWM Section of the MPDO/MENRO shall prescribe the specific SWM Ordinances and/or regulations of the municipality that may be enforced by the auxiliary enforcers.
  2. Immediately return the copies of issued citation tickets either to the barangay treasurer or barangay captain depending on the penalty or fine imposed.
  3. Prepare and submit monthly reports to the MPDO/MENRO.
  4. Perform other related functions as may be required

 

            Section 53. Volunteer Enforcers To supplement the regular and auxiliary enforcers, a corps of volunteer enforcers will be formed. Volunteers may be members of civil society organizations (POs, NGOs, youth groups, etc.), purok officials, and other concerned citizens. The MPDO/MENRO shall prescribe the requirements or qualifications needed for volunteers and the criteria for selection. In determining such requirements or qualifications, the MPDO/MENRO shall take into account, at the very least, the apprehending, recording and reporting responsibilities of deputized volunteers. In addition, it is also important to consider that in order to be effective, those in enforcement must be able to command some respect from other members of the community.

 

Section 54. Functions of Deputized Volunteers The functions of deputized volunteers are as follows:

 

  1. Apprehend violators of SWM ordinances and issue citation tickets. The Head of the SWM Section shall prescribe the specific SWM Ordinances and/or regulations of the municipality that may be enforced by the deputized volunteers.
  2. Immediately return the copies of issued citation tickets to the barangay/municipal treasurer or barangay captain/MPDO/MENRO depending on the assigned/defined area of jurisdiction and on the penalty/fine imposed.
  3. Prepare and submit monthly reports to the MPDO/MENRO.
  4. Perform other related functions as may be required

 

Section 55. Recruitment To initiate the process of recruitment, the MPDO/MENRO will hold an LGU-wide information dissemination and orientation regarding the need for volunteers, their roles and responsibilities, and the criteria for selection. The SWM Section will then evaluate and screen the applicants. The results of the screening will be published or posted in strategic places.

 

Section 56. Deputation The process of deputation will start with the training of regular enforcers, auxiliary enforcers and the selected volunteers. The MPDO/MENRO shall organize the training/s to be conducted and may seek the assistance or engage the services of qualified persons or organizations in developing the training module/s, training materials and evaluation criteria as well as in conducting the actual training/s. The training/s shall, at the minimum, cover the following topics:

 

  1. Key Components of the municipal ISWM Plan;
  2. ISWM Ordinances of the municipality;
  3. Roles and functions of enforcers;
  4. Legal Considerations in Making Apprehensions;
  5. Procedure for apprehension and issuance of citation tickets;
  6. Reporting requirements;
  7. Values formation

 

Section 57. Evaluation of VolunteersVolunteers will be evaluated after the training and those who pass shall go through a probationary period of one (1) month as temporary enforcers. After the probationary period, they shall again be evaluated and those who pass shall be deputized by the Municipal Mayor. The deputation shall be effective for a period of one (1) year, after which, the deputized volunteers shall again be evaluated to determine their fitness to serve as such.

 

Section 58. Monitoring and EvaluationEnforcement activities will undergo periodic monitoring and evaluation. Enforcers are expected to regularly report on their performance using pre-agreed performance indicators. The extent of compliance with ordinances and regulations will then be determined from such reports and from regular “feedbacking” sessions among enforcers. The Municipality will also consult with various sectors to get their assessment and to identify with them areas for improvement.

 

Section 59. Strategy Enforcement activities on the first year of implementation of the municipal ISWM plan will be geared towards the inculcation of proper solid waste management. Enforcement activities will also strengthen the IEC campaign. Based on the experience gathered on the first year, a detailed enforcement plan for the succeeding years will be prepared by the MPDC/MENRO.

 

Three months after the conduct of IEC campaigns, SWM regulations will be strictly implemented and fines and penalties will be fully imposed on violators. There will be regular inspection of establishments to make sure that solid wastes are properly segregated and stored, and that collection rules are followed. There will be random checking of vehicles to see if waste receptacles are provided. No business permit will be issued or renewed until establishment owners or their duly authorized representatives attend the required annual SWM seminar.

 

Section 60.  Incentives and/or Rewards for Enforcers The Municipality shall give incentives and or rewards to enforcers as follows:

 

a)    Regular and Auxiliary Enforcers

  1. For every apprehension, a cash award of twenty five percent (60%) of the penalty actually paid shall be given to the Regular or Auxiliary enforcer.
  2. For every 25 apprehensions, a Certificate of Recognition will be awarded by the Municipal Mayor to the Regular or Auxiliary Enforcer concerned.

 

 

b)    Deputized Volunteers

  1. For every apprehension, a cash award of twenty five percent (60%) of the penalty actually paid shall be given to the deputized volunteer.
  2. For every 25 apprehensions, a Certificate of Recognition will be awarded to the deputized volunteer by the Municipal Mayor.
  3. The top 10 deputized volunteers based on the number of apprehensions per annum will be given a Plaque of Commendation by the Municipal Mayor

 

 

Article 19

Community Involvement

 

Section 61. Public Notification The Constituents of Kabacan shall be regularly informed of acts performed and activities undertaken in connection with the implementation of the ISWM Plan of Kabacan. For this purpose, notices of such acts and activities shall be posted regularly in a bulletin board at the entrance of the Municipal Hall, at the Office of MPDC/MENRO, MEO, in all barangay halls, at the public market and other public places. The MPDC/MENRO Office, supported by the municipal IEC Team shall be responsible for the posting of the above information.

 

Section 62. Public Participation The MPDC/MENRO Office shall ensure that public participation is maximized in the implementation of the ISWM Plan of Kabacan. For this purpose, the MPDC/MENRO or the Ecological Solid Waste Management Board, as the case may be, shall conduct public consultations with concerned stakeholders on matters that would affect the latter in connection with the implementation of specific components of the municipal ISWM Plan. The results of such public consultations shall be taken into consideration prior to the actual implementation of the particular component of the municipal ISWM Plan.

 

 

Article 20

Appropriation

 

Section 63. Appropriation To effectively carry out the implementation of the Municipal ISWM Plan and the implementation and enforcement of this Ordinance, the sum of not less than FIVE HUNDRED THOUSAND PESOS (P500,000.00) is hereby appropriated from the 20% Development Fund for the first year of its implementation. The budget for the subsequent years of implementation, which shall be based on the municipal ISWM Plan, shall be submitted by the MPDC/MENRO and shall be included in the Annual Municipal Budget Ordinance.

 

 

Article 21

Miscellaneous Provisions

 

Section 64. Separability Clause If any provision of this Ordinance or the application of such provision to any person or circumstances is declared invalid, the remainder of the Ordinance or the application of such provision to other persons or circumstances shall not be affected by such declaration.

 

Section 65. Repealing Clause Ordinance 2006-014, other ordinances, executive orders, rules and regulations or parts thereof which are inconsistent with this Ordinance are hereby repealed or modified accordingly.

 

Section 66. Effectivity This Ordinance shall take effect fifteen (15) days after a copy hereof is posted in a bulletin board at the entrance of the municipal hall and in at least two (2) other conspicuous places and after publication in a locally circulated newspaper.

 

APPROVED by the SANGGUNIANG BAYAN of the Municipality of Kabacan this 29th   day of January, 2009.

 

 

 

 

 

 

 

 

 

 

 

 

APPROVED:

 

 

  GEORGE B. TAN

Municipal Mayor

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