2005 Ord No. 45

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON JULY 27, 2005, AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino- - - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - - City Councilor
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Brian Patrick H. Gordon - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay

ABSENT:

Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - City Councilor


In the interest of public service and on motion of Councilor Edwin J. Piano, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to enact the following Ordinance:


ORDINANCE NO. 45
(Series of 2005)

AN ORDINANCE PRESCRIBING FEES FOR QUARRYING OPERATIONS
AND RELATED ACTIVITIES THERETO


ARTICLE I

SECTION 1. AUTHORIZATION AND PURPOSE. This ordinance is created pursuant to the authority granted under The Local Government Code of 1991, “Sec. 2. Declaration of Policy. - (a) It is hereby declared the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals. Toward this end, the State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government units shall be given more powers, authority, responsibilities, and resources. The process of decentralization shall proceed from the National Government to the local government units.”



Con’t. of Ordinance No. 45, Series of 2005.

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The purpose of this Ordinance is to:

a) Regulate quarrying/dredging operations in the territorial jurisdiction of the City of Olongapo and charge just, reasonable and affordable administrative, processing, inspection and monitoring fees to sustain effective implementation of this Ordinance;

b) Rehabilitate the city's river system;

c)Partially solve flooding problem in low lying areas;

d) Create additional roads to provide alternative access for residents near the river systems thereby easing traffic congestion in its peripheral roads; and

e) Resolve the perennial spontaneous combustion and fly/mosquito infestation problem in the city's landfill.

SECTION 2. DEFINITION OF TERMS. Unless otherwise specified, the terms and phrases in this Ordinance shall have the following meaning:

a) “Regulations” - refers to the rules and regulations that come with this Ordinance.;

b)“Government” - refers to the Government of the City of Olongapo.;

c) “Person” - refers to a natural person, sole proprietorship, partnership, limited

liability entity, corporation or association.;

d) “Sand” - refers to particles of rock passing 2mm sieve.;

e) “Gravel” - refers to particles of rock passing 75mm sieve but no less than 2mm.;

f) “Boulders” - refers to fragments of rock retained on a 75mm (3 inch) U.S. standard mesh

sieve.;

g) “Spoiled Material” - refers to dredged, excavated or extracted materials which are not

appropriate for use as construction material.;

h) “Extraction” - refers to the act or process of taking, excavating and removing.;

i) “Public Waters” - refers to bodies of water belonging to the public domain such as but not

limited to seas, bays, lakes, ponds, creeks, streams, rivers and swamps.;

j) “Public Land” - refers to the portion of public domain to which title is still vested in the

Government.;

k) “Private Land” - refers to the land that belongs to a private person with complete title as

well as land claimed by a bonafide holder, claimant, or occupant with perfect title.;

l) “Permit” - refers to commercial, gratuitous or industrial permit issued under this

Ordinance.;

m) “Permittee” - refers to one to whom a permit is issued under this Ordinance.;

n) “Quarrying” - refers to the extraction of building or infrastructure project materials such as

sand, soil, gravel, stone or slate usually from an open surface quarry but can also be

materials which are underwater; where the final destination of extracted material is for

commercial or financially profitable purpose.;

o) “Dredging” - refers to clean, deepen, widen or rehabilitate a river system or other open

water area such as beaches with appropriate dredging equipment. The extracted materials

are usually not suitable for building, construction or other infrastructure project purposes.;

p) “De-silting” - refers to dredge up silt in order to clean, deepen, or rehabilitate a river

system.;

q) “Silt” - refers to a sedimentary material consisting of very fine particles intermediate in

size between sand and clay.;

r) “Embankment” - refers to the elevated strip of land adjoining rivers and waterways

measuring at least five (5) meters wide.

ARTICLE II

SECTION 3. PERMIT TO TAKE AND DISPOSE OF MATERIALS. No person, corporation, partnership or government entity/ instrumentality shall be allowed to take and dispose of materials covered by these regulations from public or in private lands unless authorized under a permit issued in accordance with this Ordinance.
SECTION 4. KINDS OF PERMITS AND TERMS THEREOF. Under this Ordinance, there are three (3) kinds of Permits that may be issued, namely:


a) COMMERCIAL PERMIT - shall cover an area of not more than one (1) hectare in public waters or in public and private lands and is granted for a period of less than one (1) year, renewable for the same period.

b) GRATUITOUS PERMIT - shall be granted to any government entity/ instrumentality or non-profit non-government organizations in need of materials for infrastructure projects, provided, such entity and infrastructure projects both are within the territorial jurisdiction of the City of Olongapo and the cost of material is not included in the contract price.

c) INDUSTRIAL PERMIT - shall cover areas greater than one (1) hectare in public waters or in public and private lands and is granted for a period of up to one (1) year, renewable for a series of one year periods, but not exceeding total of ten (10) years.

SECTION 5. PERMIT FEE. The City through the City Treasurer shall collect the following administrative and regulatory fees:

a) Application Fee P300.00;
b) Processing Fee 200.00 (per hectare);
c) Hauling Equipment Fee
i) six-wheeler truck 250.00 (annual, w/ sticker);
ii) ten-wheeler truck 500.00 (annual, w/ sticker);
iii) barge 1,000.00 (annual, w/ sticker);
d) Extraction Fee P4.00 per cubic meter of sand, gravel and other quarry resources excavated/ extracted within the territorial jurisdiction of the City.

SECTION 6. WHO MAY BE GRANTED A PERMIT. A permit shall be issued to any applicant who has complied with the requirements prescribed by this Ordinance and other pertinent laws and who possesses the following qualifications:

a) In case of an individual, he must be of legal age and a citizen of the Philippines, he must also have a valid mayor’s permit to conduct business in the City of Olongapo.;

b) In case of a corporation or partnership, it shall be organized under the laws of the Philippines duly registered with the Securities and Exchange Commission and at least 60% of the capital of which shall at all times be owned and controlled by citizens of the Philippines. The company must have a valid mayor’s permit to conduct business in the City of Olongapo.;

c) In case of a government agency/ office, it must be duly recognized and in need of materials for infrastructure projects as certified to by the appropriate agency concerned.;



d) In case of a non-profit organization, it must be an organization duly accredited by the City of Olongapo through appropriate and up-to-date Sangguniang Panlungsod resolution or ordinance.

SECTION 7. APPROVAL AND PROCESSING OF APPLICATIONS. All applications related to this Ordinance shall be filed with the Office of the City Treasurer and shall be approved by the City Mayor.

a) Application for Permit under this Ordinance may be recommended for rejection or denial by the Environmental Management Bureau of the Department of Environment and Natural Resources if in their opinion, the same does not warrant favorable consideration.;

b) Referral of the application to the Environmental Management Bureau of the Department of Environment and Natural Resources may be waived if the local government authority declares that the primary purpose of the operation is dredging or de-silting to ensure efficiency and effectiveness of the city’s river systems or beautification of the city’s shorelines. A valid Sangguniang Panlungsod resolution duly approved by the City Mayor is required for this waiver.;

c) The City Treasurer shall conduct inspection of the book of accounts of the Permittees, check production against allowable volume, conduct inventory of active operations and report to the Mayor’s Office from time to time as may be required by the activities performed in connection with this Ordinance.

SECTION 8. CONDITIONS FOR THE ISSUANCE OF THE PERMIT. Permits issued under this Ordinance shall be subject to the following terms and conditions:

a) The permit may be suspended or revoked at any time by the City Mayor, as the case maybe, when in his opinion, public interest so requires or upon failure of the Permittee to comply with the other terms and conditions stated in the Permit.;

b) The statements made in the applications or those made later in support thereof shall be considered as conditions and essential parts of the permit and any misrepresentation contained therein shall be a cause for the suspension or revocation of the Permit.;

c) No extraction or removal of materials for purpose of quarrying shall be allowed within a distance of one (1) kilometer from the boundaries of reservoirs established for public water supply and ten (10) meters away from the embankment of rivers and of any public or private works and structures, unless the prior clearance of the agency or owner concerned is obtained.;


d) The removal or taking of materials under the Permit shall be confined within the area specified therein, the boundaries of which, according to the application are established on the ground with prominent marks.;

e) Dirt and/or traces of sand or gravel introduced into city streets by the quarrying operation shall be cleaned up immediately by the Permittee.;

f) The Permittee or his agent or representative shall post a copy of the Permit at the place of removal or taking of materials and made available at all times for inspection or examination by the Mayor or his authorized representative, the City Treasurer, or other responsible government authorities.;

g) The Permittee or his agent or representative shall post a copy of the Permit on all hauling vehicles and equipment and made available at all times for inspection or examination by the Mayor or his authorized representative, the City Treasurer, or other responsible government authorities.;

h) The City Treasurer’s office shall issue the corresponding official receipt that shall at all times accompany the Permit.;

i) Truck drivers and haulers of sand and gravel materials who fail to present the required official receipt upon demand shall pay a penalty of Five Hundred (P500.00) Pesos per truck load of the materials being transported. Failure to pay the penalty shall be a cause for the impounding of materials and vehicles by the city to be released only upon payment of the required amount to the City Treasurer.;

j) All hauling trucks shall be required to secure a gravel and sand sticker to be issued by the City Treasurer’s Office or the Business Permit Section to be placed permanently on the windshield of the vehicle used for quarrying and transportation of sand, gravel and other quarry resources.;

k) Gravel and sand trucks traversing the roads of Olongapo City who claim that the source of their cargo (quarry material) is outside the territorial jurisdiction of Olongapo City must, upon inspection by the City Mayor or his duly authorized representative, be able to present valid documents such as quarry permits and official receipts issued by duly constituted authorities. Failure to present required documents will subject the truck and cargo in question to the applicable provisions of this Ordinance. Such hauling vehicles are still required to obtain a gravel and sand permit from the City of Olongapo especially if the final destination of their cargo is within the territorial jurisdiction of Olongapo City.;

l) Non-payment by quarry operators of the required administrative and regulatory fees mentioned herein and those whose trucks and haulers are without the gravel and sand stickers shall be impounded, and will be released only upon the full payment of the fee, the price of sticker, and penalty of P500.00 per truck.;


SECTION 9. SURVEY PLAN. All applications under this Ordinance shall be accompanied by a survey plan duly prepared, signed and sealed by a licensed Geodetic Engineer. Such plan shall contain general information including technical description, reference points, location map and operational plan which shall contain a rehabilitation of the area applied for when necessary.

SECTION 10. LIABILITY FOR DAMAGES AND REHABILITATION OF EXCAVATED AREAS IN PUBLIC AND PRIVATE LANDS. The Permittee shall assume full responsibility and shall be liable for damages to private or public property
that may be caused by his extraction or operation under the permit; furthermore, by reason of the operation thereof, it shall be the Permittee’s responsibility to rehabilitate the excavated area to a condition suitable for other economic activities. Provided, that to guarantee faithful compliance with the said obligation, a surety bond, acceptable to the
Mayor or the City Treasurer, in the amount of Twenty-five Thousand (P25, 000.00) Pesos per hectare or fraction thereof shall be posted by the applicant before the grant of the permit.

SECTION 11. RECORDS AND INSPECTION. The Permittee shall keep a book of accounts in which shall be entered everyday the quantity and kind of materials removed, the fees paid thereon, their selling prices, the names and addresses of the persons or entity to whom the same have been sold or disposed of and other transactions relative to the business. Said book shall at all times be available for inspection by the duly authorized representative of the Mayor and the City Treasurer.

SECTION 12. ASSIGNMENT AND TRANSFER. The permit issued by the City Mayor is non-transferable.

SECTION 13. PERIODIC INSPECTION BY GOVERNMENT OFFICIALS. All operations under this Ordinance shall be subject to periodic inspection by the duly authorized representative of the Mayor, the City Treasurer and other responsible government authorities. On-going operations must comply with the following minimum requirements:

a) That the operation is confined within the permit area;

b) That the materials removed are in accordance with the terms and conditions of the permit;

c) That the aesthetic and ecological value in the permit area is not seriously damaged;

d) That the operation does not threaten the ground stability of any public/private structure;

e)That the quarrying operation does not cause dirt in the city streets, otherwise, cleanup will be charged to the surety bond posted by the Permittee; and

f) That the intended destination of quarried or dredged material is strictly followed.

A Quarrying Monitoring Officer shall be appointed by the City Mayor to ensure proper recording of extracted/hauled material and the operator’s compliance to the provision of this Ordinance. Copy of the records made by the Monitoring Officer must be submitted daily to the City Mayor and the City Treasurer for proper accounting. The Monitoring Officer will also be tasked to ensure that required moisture content of newly built embankment is maintained at safe level.

SECTION 14. PRIORITY IN REGISTRATION. In cases of conflict involving areas in public domain, the application first registered and accompanied by standard requirements shall be entertained and given priority in granting the permit, subject to the requirement or unless public interest requires otherwise.

ARTICLE III

COMMERCIAL PERMIT

SECTION 15. COMMERCIAL PERMIT. A commercial permit shall be issued to dispose of sand, gravel, and other loose or unconsolidated materials, which are taken in their natural or original state without undergoing processing. The Permittee shall be entitled to extract and remove the materials covered by the permit to the exclusion of others unless public interest required otherwise.

SECTION 16. LIMITATIONS. Only one (1) permit shall be granted to an applicant.

ARTICLE IV

INDUSTRIAL PERMIT

SECTION 17. INDUSTRIAL PERMIT. An industrial permit covering an area of not less than one (1) hectare but not more than five (5) hectares shall be issued for the removal of sand, gravel, boulders and other loose or unconsolidated materials that necessitates the use of mechanical processing.

SECTION 18. CONDITIONS PRECEDENT. No person or company shall be allowed to start operation until after the processing machineries such as, but not limited to: crushing equipment, loaders, dozers, dredgers, back hoes, dump trucks, barges and the likes shall have been presented by the Permittee; provided further, that failure of the Permittee to present the required processing equipment within six (6) months from the grant of the permit may cause the revocation of the permit.

Quarry operators, concessionaires and contractors after securing a Mayor’s Permit must pay the City Treasurer at least fifty (50%) percent in advance corresponding to the volume of materials to be extracted/excavated.

SECTION 19. REQUIREMENTS. The application for industrial permit shall be supported by the following documents:


a)Plan of the area duly surveyed by transit and tape by the Geodetic Engineer;

b) Clearances from the government agencies concerned that may be affected by the operation or written permission from the owner of the area applied for; and

c) Project study prepared, signed and sealed by a registered engineer stating among others, the nature and kind of materials applied for, production rate, equipment and machineries to be used, estimated volume of the deposit, financing scheme, marketing, technical personnel, operational and rehabilitation plans and the economic feasibility of the proposed operations.


ARTICLE V

PENAL CLAUSE

SECTION 20. UNLAWFUL ACTS. The following shall constitute unlawful acts under this Ordinance, to wit:

a) Any extraction and removal or sale of sand and gravel and other loose unconsolidated materials from its source without a permit duly issued.;
b) Any extraction and removal or sale of sand and gravel materials outside the permit area.;
c) Diverting materials acquired using a gratuitous permit to a commercial or financially profitable purpose.

All persons responsible for committing any of the foregoing acts shall be prosecuted for the violation of this Ordinance and penalized in accordance with the succeeding section.

SECTION 21. PENALTY. Commission of any of the unlawful acts referred to in this Ordinance shall subject the offender to the penalties provided for under the provisions of the law of the land such as but not limited to:

a) Republic Act No. 7076 or the "People's Small-Scale Mining Act of 1991";

b) Republic Act No. 7942 or the "Philippine Mining Act of 1995."
AN ACT INSTITUTING A NEW SYSTEM OF MINERAL RESOURCES EXPLORATION, DEVELOPMENT, UTILIZATION, AND CONSERVATION.;

c) Act No. 3815 or The Revised Penal Code of the Philippines.

ARTICLE VI

MISCELLANEOUS PROVISIONS


SECTION 22. RECOGNITION OF EXISTING MINING RIGHTS. All existing and valid mining claims, if any, perfected and non- perfected, registered under the provisions of Commonwealth Act No. 157, as amended, Presidential Decree No. 463, as amended, and the other laws relating to mining shall be recognized and the rights acquired there under respected.

SECTION 23. PREFERENTIAL RIGHT. Owners/ lessees of private land shall have the preferential right to extract and remove sand and gravel materials that may be found in their land. Lands with imperfect titles shall be recognized if supported by up-to-date payment of realty taxes. Provided that, any extraction of sand and gravel and other earth materials for commercial purposes shall be subjected to provisions of this Ordinance and the terms and conditions set forth herein.

SECTION 24. FAILURE TO KEEP BOOK OF ACCOUNTS. Failure of the Permittee, as required in this Ordinance, to keep book of accounts as related to the materials removed and disposed of, shall be sufficient ground for the suspension or revocation of the permit and payments made by the Permittee shall be forfeited in favor of the City Government.

SECTION 25. PREFERED USE OF SPOILED MATERIALS. Where appropriate, dredged materials shall be used in the following manner:

a) Dredged materials not appropriate for use in the construction of the river system's embankment and dredged materials in excess of the required material to construct the river system’s embankment shall be used as topsoil of the city's landfill in Tagumpay Street, Purok 4, Barangay New Cabalan, Olongapo City.

b) Establish embankment or repair eroded/damaged embankment of the city's river systems. The embankment shall be at least five (5) meters wide or spacious enough for a utility vehicle to traverse. The height of the embankment shall normally be equal to the existing height of the riverbank. In cases where the existing riverbank is below sea level or when the location is a flood prone area, like Purok 1 of Barangay Sta. Rita and Mactan of Barangay Old Cabalan, this city, the embankment will be built higher than existing height of riverbank in order to protect low lying areas from onslaught of floodwater.

b.1 RULES ON THE USE OF EMBANKMENT

b.1.1 Completed sections of the embankment are to be given name by the Sangguniang Panlungsod through a resolution or an ordinance. Each section of the river will be offered for adoption using the KBG ‘log-ko-‘to! (Kalikasan Buhayin at Gandahan Ilog ko Ito) program to Non-Government Organization (NGO) who will volunteer to be responsible for the river’s upkeep. The name of the organization (Lions, Rotary, Jaycees, BSP, GSP, BLOOM, etc.) who adopted that section of the river will be the designated name of that particular embankment. Officially designated names are to be appropriately placed on entrance of each embankment.;

b.1.2 Embankments are to be declared one-way streets with the flow of traffic the same as the natural flow of the river. Provided that in areas where there is no secondary road like in Barangay Kalaklan of this City (from INC to Kalaklan SBMA Exit Bridge or we can build it longer from Mabayuan Bridge up to Parola,) the embankment will be built wide enough for two tricycles to traverse in opposite direction.,

b.1.3 No obstructing structure (permanent or temporary, including stores, carenderias, basketball courts and the likes) will be allowed in any part of the embankment.;

b.1.4 No vehicle (three wheeled and above, or even motorbike if it obstruct traffic) will be allowed to park in any part of the embankment. Parked vehicles will be immediately towed to the impounding area and the owner to be charged with appropriate penalties. Only duly authorized utility vehicles such as garbage collection trucks, road repair service trucks, water sprinkling tankers and the likes will be allowed but only during the times when an on-going operation is taking place.;

b.1.5 Right of way to the embankment are to be kept open to traffic at all times. Provided that during heavy downpour on a monsoon season, and upon discretion by competent authorities, access to embankments may be restricted to ensure the public’s safety.;

b.1.6 Embankments which were found to have positive impact on the city’s economy and general well-being will be recommended for funding in order to make it stronger and permanent by building riprap and concreting the same.

SECTION 26. REPEALING CLAUSE/ PROVISIONS. All ordinances, resolutions, executive orders and other issuances related to quarrying, dredging or de-silting which are inconsistent with this Ordinance are hereby repealed and rendered unenforceable.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Sangguniang Panlungsod hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section,

subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.


ARTICLE VII

SECTION 27. EFFECTIVITY. This Ordinance shall take effect upon approval by the Sangguniang Panlungsod; and after

a)copies thereof shall have been posted at conspicuous places in the city for three (3) consecutive weeks;

b) copies thereof shall have been distributed (at least one copy each) to all the seventeen (17) barangays of the city; and

c) certified true copies thereof shall have been published in full in a local newspaper.

Provided further that the City Council Secretary would have accomplished a duly Notarized Affidavit of Posting, Distribution and Publication that will form part of this Ordinance with the format prescribed herein.

APPROVED UNANIMOUSLY, July 27, 2005.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor
(Absent)

BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor


ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor


ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor


GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay


ROBINE ROSE C. BUENAFE
SK Federation President



Con’t. of Ordinance No. 45, Series of 2005.

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ATTEST:

ELFLIDA S. SALMON
Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.


JAMES GORDON, JR.
City Mayor

ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor