Ordinance No. 2005-O-37 QUARRY ORDINANCE
21 July 2005
Final Draft for approval on 28th Regular Session
For: Vice Mayor Rolen Paulino and
Members of Sangguniang Panlungsod
Olongapo City
From: EDWIN J. PIANO
City Councilor and
Author of the Proposed Ordinance
Draft Ordinance No. 2005-O-37
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.” The purpose of this Ordinance is to regulate quarrying/dredging operations in the territorial jurisdiction of the City of Olongapo and charge reasonable administrative, processing, inspection and monitoring fees to sustain effective implementation of this ordinance.
SECTION 2. DEFINITION OF TERMS. Unless otherwise specified, the terms and phrases in this ordinance shall have the following meaning:
1.1 “Regulations” - the rules and regulations that come with this ordinance.
1.2 “Government” - the Government of the City of Olongapo
1.3 “Person” - means a natural person, sole proprietorship, partnership, limited liability entity, corporation or association
1.4 “Sand” - particles of rock passing 2mm sieve.
1.5 “Gravel” - particles of rock passing 75mm sieve but no less than 2mm
1.6 “Boulders” - are fragments of rock retained on a 75mm (3 inch) U.S. standard mesh sieve.
1.7 “Spoiled Material” - dredged, excavated or extracted materials which are not appropriate for use as construction material.
1.8 “Extraction” - the act or process of taking, excavating and removing.
1.9 “Public waters” - bodies of water belonging to the public domain such as but not limited to seas, bays, lakes, ponds, creeks, streams, rivers and swamps.
1.10 “Public land” - the portion of public domain to which title is still vested in the Government.
1.11 “Private land” - 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.
1.12 “Permit” - commercial, gratuitous or industrial permit issued under this ordinance.
1.13 “Permittee” - one to whom a permit is issued under this ordinance.
1.14 “Quarrying” - 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.
1.15 “Dredging” - 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.
1.16 “De-silting” - to dredge up silt in order to clean, deepen, or rehabilitate a river system.
1.17 “Silt” - a sedimentary material consisting of very fine particles intermediate in size between sand and clay.
1.18 “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 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 which 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 a 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 claims 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 Fifty Thousand (P50,000.00) 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 transaction 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 damage;
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 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.
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 thereunder 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 Sta. Rita and Mactan of Old Cabalan, 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 ordinance. 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.
b.1.3 No 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 or above) 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 appropriate penalties.
b.1.5 Right of way to the embankment are to be kept open to traffic at all times.
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 City Council 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) summary thereof shall have been published in a local newspaper.
Provided further that the City Council Secretary would have accomplished a duly Notarized Affidavit of Posting, Distribution and Publication of this ordinance with the format prescribed herein.
PASSED, APPROVED, AND ADOPTED this ___ day of July 2005
http://subicbay.ph/Olongapo/Quarry_Ordinance.pdf
REPUBLIC OF THE PHILIPPINES )
CITY OF OLONGAPO ) S.S.
I, Elflida S. Salmon, City Council Secretary, City of Olongapo, Philippines, DO HEREBY CERTIFY that the foregoing Ordinance No. 2005-O-37, being:
AN ORDINANCE PRESCRIBING FEES FOR QUARRYING OPERATIONS
AND RELATED ACTIVITIES THERETO
was duly introduced and placed upon its first reading at a Regular Session of the City Council on the 29th day of June 2005, and that thereafter, a Public Hearing was held at Sangguniang Panlungsod Session Hall on the 12th day of July 2005 and placed on 2nd Reading at the City Council Regular Session on 13th and 20th day of July 2005.
Said Ordinance was duly PASSED, APPROVED, AND ADOPTED at a Regular Session of the City Council held on the 27th day of July 2005, by the following votes, to wit:
IN FAVOR: Council Members Atienza, Cajudo, Asuncion, Marzan, Andrada, Gordon, Aquino, Piano, Perez, Capistrano, Buenafe
OBJECTED: None, If there is, here is the portion where an explanation can be placed on record
ABSENT: None
ABSTAIN: None, If there is, here is the portion where an explanation can be placed on record
ELFLIDA S. SALMON
City Council Secretary
REPUBLIC OF THE PHILIPPINES )
CITY OF OLONGAPO ) S.S.
BEFORE ME this _______ day of August, 2005 at Olongapo City, personally appeared ELFLIDA S. SALMON with her Res. Cert No. __________ issued on __________, 2005 at Olongapo City, known to me and to me known to be the same person who executed the foregoing instrument and acknowledged to me that the same is her free act and voluntary deed.
WITNESS MY HAND AND NOTARIAL SEAL.
Doc. No. _______.
Book No. _______.
Page No. _______.
Series of 2005.
AFFIDAVIT OF POSTING, DISTRIBUTION AND PUBLICATION
The City Council Secretary, ELFLIDA S. SALMON, being first duly sworn, deposes and says:
That she is the duly appointed and qualified Sangguniang Panlungsod Secretary of the City of Olongapo;
That in compliance with provisions of ORDINANCE NO. 2005-O-37, being:
AN ORDINANCE PRESCRIBING FEES FOR QUARRYING OPERATIONS
AND RELATED ACTIVITIES THERETO
On the ______ day of August 2005 was published in summary in the Local Newspaper: ______________; and was, in compliance with provisions of this ordinance, from the 1st Monday of August 2005 to the 3rd Friday of August 2005, caused to be posted for at least three weeks in three conspicuous places in the City of Olongapo, to wit:
Olongapo City Hall
Olongapo Public Market
Olongapo City Mall
And on the ______ of August 2005, caused to be distributed (at least one copy each) to all the seventeen (17) barangays of the City of Olongapo. The distribution list, attached herewith, duly acknowledged and signed by responsible barangay officers.
ELFLIDA S. SALMON
REPUBLIC OF THE PHILIPPINES )
CITY OF OLONGAPO ) S.S.
BEFORE ME this _______ day of August, 2005 at Olongapo City, personally appeared ELFLIDA S. SALMON with her Res. Cert No. __________ issued on __________, 2005 at Olongapo City, known to me and to me known to be the same person who executed the foregoing instrument and acknowledged to me that the same is her free act and voluntary deed.
WITNESS MY HAND AND NOTARIAL SEAL.
Doc. No. _______.
Book No. _______.
Page No. _______.
Series of 2005.
Final Draft for approval on 28th Regular Session
For: Vice Mayor Rolen Paulino and
Members of Sangguniang Panlungsod
Olongapo City
From: EDWIN J. PIANO
City Councilor and
Author of the Proposed Ordinance
Draft Ordinance No. 2005-O-37
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.” The purpose of this Ordinance is to regulate quarrying/dredging operations in the territorial jurisdiction of the City of Olongapo and charge reasonable administrative, processing, inspection and monitoring fees to sustain effective implementation of this ordinance.
SECTION 2. DEFINITION OF TERMS. Unless otherwise specified, the terms and phrases in this ordinance shall have the following meaning:
1.1 “Regulations” - the rules and regulations that come with this ordinance.
1.2 “Government” - the Government of the City of Olongapo
1.3 “Person” - means a natural person, sole proprietorship, partnership, limited liability entity, corporation or association
1.4 “Sand” - particles of rock passing 2mm sieve.
1.5 “Gravel” - particles of rock passing 75mm sieve but no less than 2mm
1.6 “Boulders” - are fragments of rock retained on a 75mm (3 inch) U.S. standard mesh sieve.
1.7 “Spoiled Material” - dredged, excavated or extracted materials which are not appropriate for use as construction material.
1.8 “Extraction” - the act or process of taking, excavating and removing.
1.9 “Public waters” - bodies of water belonging to the public domain such as but not limited to seas, bays, lakes, ponds, creeks, streams, rivers and swamps.
1.10 “Public land” - the portion of public domain to which title is still vested in the Government.
1.11 “Private land” - 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.
1.12 “Permit” - commercial, gratuitous or industrial permit issued under this ordinance.
1.13 “Permittee” - one to whom a permit is issued under this ordinance.
1.14 “Quarrying” - 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.
1.15 “Dredging” - 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.
1.16 “De-silting” - to dredge up silt in order to clean, deepen, or rehabilitate a river system.
1.17 “Silt” - a sedimentary material consisting of very fine particles intermediate in size between sand and clay.
1.18 “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 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 which 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 a 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 claims 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 Fifty Thousand (P50,000.00) 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 transaction 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 damage;
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 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.
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 thereunder 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 Sta. Rita and Mactan of Old Cabalan, 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 ordinance. 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.
b.1.3 No 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 or above) 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 appropriate penalties.
b.1.5 Right of way to the embankment are to be kept open to traffic at all times.
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 City Council 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) summary thereof shall have been published in a local newspaper.
Provided further that the City Council Secretary would have accomplished a duly Notarized Affidavit of Posting, Distribution and Publication of this ordinance with the format prescribed herein.
PASSED, APPROVED, AND ADOPTED this ___ day of July 2005
http://subicbay.ph/Olongapo/Quarry_Ordinance.pdf
REPUBLIC OF THE PHILIPPINES )
CITY OF OLONGAPO ) S.S.
I, Elflida S. Salmon, City Council Secretary, City of Olongapo, Philippines, DO HEREBY CERTIFY that the foregoing Ordinance No. 2005-O-37, being:
AN ORDINANCE PRESCRIBING FEES FOR QUARRYING OPERATIONS
AND RELATED ACTIVITIES THERETO
was duly introduced and placed upon its first reading at a Regular Session of the City Council on the 29th day of June 2005, and that thereafter, a Public Hearing was held at Sangguniang Panlungsod Session Hall on the 12th day of July 2005 and placed on 2nd Reading at the City Council Regular Session on 13th and 20th day of July 2005.
Said Ordinance was duly PASSED, APPROVED, AND ADOPTED at a Regular Session of the City Council held on the 27th day of July 2005, by the following votes, to wit:
IN FAVOR: Council Members Atienza, Cajudo, Asuncion, Marzan, Andrada, Gordon, Aquino, Piano, Perez, Capistrano, Buenafe
OBJECTED: None, If there is, here is the portion where an explanation can be placed on record
ABSENT: None
ABSTAIN: None, If there is, here is the portion where an explanation can be placed on record
ELFLIDA S. SALMON
City Council Secretary
REPUBLIC OF THE PHILIPPINES )
CITY OF OLONGAPO ) S.S.
BEFORE ME this _______ day of August, 2005 at Olongapo City, personally appeared ELFLIDA S. SALMON with her Res. Cert No. __________ issued on __________, 2005 at Olongapo City, known to me and to me known to be the same person who executed the foregoing instrument and acknowledged to me that the same is her free act and voluntary deed.
WITNESS MY HAND AND NOTARIAL SEAL.
Doc. No. _______.
Book No. _______.
Page No. _______.
Series of 2005.
AFFIDAVIT OF POSTING, DISTRIBUTION AND PUBLICATION
The City Council Secretary, ELFLIDA S. SALMON, being first duly sworn, deposes and says:
That she is the duly appointed and qualified Sangguniang Panlungsod Secretary of the City of Olongapo;
That in compliance with provisions of ORDINANCE NO. 2005-O-37, being:
AN ORDINANCE PRESCRIBING FEES FOR QUARRYING OPERATIONS
AND RELATED ACTIVITIES THERETO
On the ______ day of August 2005 was published in summary in the Local Newspaper: ______________; and was, in compliance with provisions of this ordinance, from the 1st Monday of August 2005 to the 3rd Friday of August 2005, caused to be posted for at least three weeks in three conspicuous places in the City of Olongapo, to wit:
Olongapo City Hall
Olongapo Public Market
Olongapo City Mall
And on the ______ of August 2005, caused to be distributed (at least one copy each) to all the seventeen (17) barangays of the City of Olongapo. The distribution list, attached herewith, duly acknowledged and signed by responsible barangay officers.
ELFLIDA S. SALMON
REPUBLIC OF THE PHILIPPINES )
CITY OF OLONGAPO ) S.S.
BEFORE ME this _______ day of August, 2005 at Olongapo City, personally appeared ELFLIDA S. SALMON with her Res. Cert No. __________ issued on __________, 2005 at Olongapo City, known to me and to me known to be the same person who executed the foregoing instrument and acknowledged to me that the same is her free act and voluntary deed.
WITNESS MY HAND AND NOTARIAL SEAL.
Doc. No. _______.
Book No. _______.
Page No. _______.
Series of 2005.
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