2010 O - 01 - ADOPTING THE ENVIRONMENT AND SANITATION CODE OF OLONGAPO CITY

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON JANUARY 06, 2010 AT THE CITY HALL.

PRESENT:

Hon. Gina Gulanes-Perez - - City Councilor & Temporary Presiding Officer

Hon. John Carlos G. delos Reyes- City Councilor

Hon. Rodel S. Cerezo- - - “ “

Hon. Sarah Lugerna Lipumano-Garcia - “ “

Hon. Edwin J. Piano- - “ “

Hon. Angelito W. Baloy - - “ “

Hon. Aquilino Y. Cortez, Jr. - “ “

Hon. Anselmo A. Aquino- - “ “

Hon. Elena C. Dabu- - - “ “

Hon. Jonathan G. Manalo- - “ “.

Hon. Cheenee F. Hoya- - - SK Federation President

ABSENT:

Hon. Cynthia G. Cajudo - - - City Vice-Mayor & Presiding Officer

(On Leave)

WHEREAS, the City of Olongapo, recipient of the Philippines Galing Pook Award on several occasions and dubbed as one of the cleanest and greenest highly urbanized cities in the country, has become a model for other Local Government Units. Thus, visitors from various parts of the country come in steady stream to observe and learn from this enviable achievement of the City. On countless occasions, Olongapo City officials and representatives have been invited to conduct lectures on Solid Waste Management by various groups, organizations and institutions to share with them the Olongapo experience tied up with the Minimum Basic Needs and Human Ecological Security Programs;

WHEREAS, the cleanliness and discipline accolades have been institutionalized through City Ordinance No. 56, AN ORDINANCE ADOPTING AN ENVIRONMENT AND SANITATION CODE OF OLONGAPO CITY, which was enacted in 13 December 1995;

WHEREAS, it is, however, required to provide revisions and amendments to the current ordinance, to fully comply and meet the requirements set forth by Republic Act No. 9003, ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000;

WHEREAS, further, the amended City Ordinance No. 56, Series of 1995will provide specific and detailed guidelines to the forthcoming garbage containerization City-wide in addition to the planned repairs, rehabilitation and upgrade of the existing controlled dumpsite into a sanitary landfill;

WHEREAS, in areas where bin containerization is not applicable due to constraints brought forth by limited access, collection system and schedules under the old ordinance still applies;

NOW, THEREFORE, on motion of City Councilor Aquilino Y. Cortez, Jr. on behalf of the Members of the Majority Party;

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

ORDINANCE NO. 01

(Series of 2010)

AN ORDINANCE ADOPTING THE ENVIRONMENT AND SANITATION CODE OF OLONGAPO CITY

SECTION 1. The revised and amended Ordinance shall be known as the 2009 Environment and Sanitation Code of Olongapo City, an act providing for an ecological solid waste management program, creating the necessary institutional mechanisms and incentives, declaring certain acts prohibited and providing penalties, appropriating funds, and for other purposes.

This Code is in consonance with the Clean Water Act, the Clean Air Act, the Sanitation Code of the Philippines and the Consolidated Acts of all Environmental Protocol.

SECTION 2. Declaration of Policies – It is hereby declared the policy of Olongapo City to adopt a systematic, comprehensive and ecological solid waste management program which shall:

(a) Ensure the protection of the 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 and waste minimization measures, including composting, recycling, re-use, recovery, and others;

(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) Promote national research and development programs for improved solid waste management and resource conservation techniques, more effective institutional arrangement and indigenous and improved methods of waste reduction, collection, separation and recovery;

(f) Encourage greater private sector participation in solid waste management;

(g) Retain primary enforcement and responsibility of solid waste management with local government units while establishing a cooperative effort among the national government, other local government units, non-government organizations, and the private sector;

(h) Encourage cooperation and self-regulation among waste generators through the application of market based instruments;

(i) Institutionalize public participation in the development and implementation of the national and local integrated, comprehensive and ecological waste management programs; and

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

SECTION 3. Definition of Terms

Bulky Wastes – shall refer to waste materials which cannot be appropriately placed in separate containers because of either its bulky size, shape or other physical attributes. These include worn-out or brokers household, commercial, and industrial items such as furniture, appliances, lamps, bookcases, filing cabinets, and other similar items.

Collection - shall refer to the act of removing solid wastes from the source or from a communal storage point.

Composting – shall refer to the controlled decomposition of organic matter by micro-organisms, mainly bacteria and fungi, into humus-like product.

Consumer Electronics – shall refer to special wastes that include worn-out, broken, and other discarded items such as radios, stereos, and television sets.

Controlled Dump – shall refer to a disposal site at which solid waste is disposed in accordance with the minimum prescribed standards of site operation.

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

Disposal Site – shall refer to a site where solid waste is finally discharged and deposited.

Generation – shall refer to the act or process of producing solid waste.

Generator – shall refer to a person, natural or juridical, who last uses a material and makes it available for disposal or recycling.

Ecological Solid Waste Management Act of 2000 – shall refer to the systematic administration of activities which provide 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.

ESMO – shall refer to the Environmental Sanitation and Management Office responsible in the management, operation and implementation of this Ordinance.

Hazardous Wastes – shall refer to solid waste or combination of solid waste which because of its quantity, concentration, or physical, chemical or infectious characteristics may:

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

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

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.

Materials Recovery Facility (MRF) – includes a solid waste transfer station or sorting station, drop-off center, a composting facility, and a recycling facility.

City 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.

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.

Receptacles – shall refer to individual containers used for the source separation and the collection of recyclable materials.

Recovered Material – shall refer to material and by 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.

Recyclable Material – shall refer to any waste material retrieved from the waste stream and free from contamination that can still 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.

Recycling – shall refer to the treating of used or waste materials through a process of making them suitable for beneficial use or 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 and services.

Residual Wastes – wastes intended for ultimate disposal.

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.

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.

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.

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.

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.

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

Unless specifically noted otherwise, the term “solid waste” as used in this Code shall not include:

(1) Waste identified or listed as hazardous waste of a solid, liquid, contained gaseous or semi-solid form which may cause or contribute to an increase in mortality or in serious or incapacitating reversible illness, or acute/chronic effect on the health of persons and other organisms.

(2) Infectious wastes from hospitals and clinics such equipment, instruments, utensils, and fomites of a disposable nature from patients who are suspected to have or have been diagnosed as having communicable diseases and must therefore be isolated as required by public health agencies, laboratory wastes such as pathological specimens (i.e. all tissues, specimens of blood elements, excreta, and secretions obtained from patients of laboratory animals), and disposable fomites that may harbor or transmit pathogenic organisms, and surgical room pathologic specimens and disposable fomites attendant thereto, and similar disposable materials from outpatient areas and emergency rooms; and

(3) Contaminated soil and debris.

Solid Waste Management – shall refer to the discipline associated with the control of generation, storage, collection, transfer and transport, processing and disposal of solid wastes in a manner that is in accord with the best principles of public health, economics, engineering, conservation, aesthetics, and other environmental considerations, and that is also responsive to public attitudes.

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 reduction, storage, transport, transfer, processing, treatment, or disposal of solid waste.

Source Reduction – shall refer to the reduction of solid waste before it enters the solid waste system by methods such as product design, materials substitution, materials re-use and packaging restrictions.

Source Separation – shall refer to the sorting of solid waste into some or of its component parts at the point of generation.

Special Wastes – shall refer to household hazardous wastes such as paints, thinners, 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, used oils and tires. These wastes are usually handled separately from other residential and commercial wastes.

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

White Goods – shall refer to large worn-out broken household, commercial and industrial appliances such as stoves, refrigerators, dishwashers and clothes washers and dryers collected separately. White goods are usually dismantled for the specific materials.

Yard Wastes – shall refer to wood, small or chipped branches, leaves, grass clippings, garden debris, vegetable residue that is recognizable as part of a plant or vegetable.

SECTION 4. Specific Responsibilities

Responsibilities of the Olongapo City Government

The City Government is responsible to see that its entire community is kept clean and the public health is protected.

The City shall create a City Solid Waste Management Board which shall be composed of the City Mayor as Head with the following members:

• Two (2) members from the Sangguniang Panlungsod, preferably chairpersons of the Committee on Environment and Committee on Health, who will be designated by the Presiding Officer

• President of the City’s Association of Barangay Councils

• Chairperson of the Sangguniang Kabataan Federation

• A representative from NGOs whose principal purpose is to promote recycling and the protection of air and water quality

• A representative from the recycling industry; and

• A representative from the Environmental Sanitation and Management Office and the City Health Department and

• A representative from the City Planning and Development Office

Responsibilities of Barangay Captains

Each Barangay, through its Barangay Captain, shall ensure the overall cleanliness of their surroundings. Should the need arises, coordination(s) with the City’s Environmental Sanitation and Management Office, Engineering and Health Departments shall be made to ensure compliance.

There shall be established Material Recovery Facility (MRF) in every Barangay or cluster of Barangays. The MRF shall be established in a Barangay-owned or leased land or any suitable open space to be determined by the Barangay through the Sangguniang Panlungsod. For this purpose, the Barangay or cluster of Barangays shall allocate a certain parcel of land for the MRF.

The collection, transport, sorting and storage of all recyclables shall be the responsibilities of each respective Barangay or cluster of Barangays through all its Purok Leaders and/or any authorized entities. (Refer to Section 7 – Collection Schedules).

It shall also be the responsibilities of each respective Barangays to provide assistance to ESMO and the Philippine National Police in safeguarding the newly-distributed containerized waste bins from pilferage, damage and vandalism; these bins are to be kept clean at all times.

Con’t. of Ordinance No. 01, Series of 2010.

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Responsibilities of the Environmental Sanitation and Management Office

(ESMO)

ESMO shall be responsible for the implementation of this Ordinance. Towards this end, ESMO shall endeavor to expand its capabilities to meet the demands, obligations and standards required by this Ordinance.

Responsibilities of Residents

Owners and occupants of households and lessors, lessees, participants or administrators of commercial and industrial establishments, government and non-government institutions shall be responsible for the cleanliness of their surroundings; approximately from three (3) to five (5) meters from the established perimeter of their owned or occupied properties.

It shall be the responsibility of all residents to segregate at source the waste generated within their premise. All wastes considered as residuals and intended for disposal shall be disposed of only in designated government-owned containerized garbage bins evenly positioned along the streets, roads and highways.

Wet garbage, food scraps and all wastes classified as bulky (consumer electronics, white wastes), construction wastes/debris, infectious, hazardous and special wastes shall not be disposed of in the government-owned containerized garbage bins; these shall be separately collected and disposed of.

Responsibilities of Hazardous Waste (HW) Generators

HW Generators shall ensure that all wastes classified as hazardous are properly managed; it shall be a “CRADLE TO GRAVE” responsibility which include handling, storage, treatment, processing, transport and ultimate disposal.

NOTE:

(1) There shall be periodic and/or scheduled clean-up activities in all 17 Barangays of Olongapo City under the supervision the Barangay Captains, ESMO and the City Health Department.

The persons and institutions as referred herein must attend to their respective areas and surroundings to ensure the same are free from tall and uncut grasses; untrimmed hedges; clogged and silted canals; piled up debris and dangling posters. Electrical posts, as wells as distribution and transmission lines are to be free of tree branches and limbs. Fallen tree foliage and accumulated soil from curbs and gutters must be swept and disposed of.

SECTION 5. MRF Management and Operations

Material Recovery Facilities (MRF) in each Barangay shall be owned, managed and operated by either the Barangay or Cluster of Barangays or by Government-accredited private entity or entities.

MRFs are to be properly managed and operated to ensure environmental, health and safety compliance. Environmental, Health and Safety monitoring will be periodically conducted to ensure full compliance.

A maximum of five (5) Government-accredited MRFs which will be fully engaged in the practice of composting, reduce, reuse and recycling operations per Barangay will be allowed and permitted to operate.

MRF operations shall only be limited to accept and store scrap metals, aluminum cans, glass and bottles, plastics, papers and woods.

SECTION 6. Handling and Storage of Solid Wastes

The handling and storage of solid waste shall be undertaken in the following manner:

(a) All residual (lanfillable) wastes intended for collection and ultimate disposal shall be stored in plastic or paper bags prior to placement into the containerized bins; it shall be of sturdy materials to prevent spillage.

(b) Recyclable wastes (bottles, glass, papers, woods, plastics, metals, cartons, etc…) shall not be mixed with the residual wastes; it shall be separately collected by accredited MRF Operators by each respective Barangays.

NOTE: CONTAINERIZED BINS SHALL ONLY BE USED FOR RESIDUAL WASTES.

SECTION 7. Collection and Transport of Solid Waste

(1) General Requirements

The following shall be the minimum standards and requirements for the collection

of solid waste:

(a) All collectors and other personnel directly dealing with the collection of solid waste shall be equipped with personal protective equipment to protect them from the hazards of handling solid wastes;

(b) Necessary training shall be given to the collectors and personnel to ensure that solid wastes are handled properly and in accordance/pursuant to this Ordinance; and

(c) Collection of solid waste shall be done in a manner which prevents damage to the container, and spillage or scattering of solid waste within the collection vicinity.

(2) Collection Schedules

The collection of solid wastes exclusive of yard wastes and recyclables and those that are classified as hazardous, infectious, special and bulky are as follows:

Zone 1 – Mondays and Thursdays

(Banicain, New Kababae, West Tapinac, New Ilalim, West Bajac-Bajac, Kalaklan and Bo. Barretto)

Zone 2 – Tuesdays and Fridays

(Asinan, New Kalalake, Pagasa, East Tapinac, East Bajac-Bajac,

and Mabayuan)

Zone 3 – Wednesdays and Saturdays

(Gordon Heights, Sta. Rita, Old Cabalan, and New Cabalan)

Zone 4 – Mondays thru Sundays

(Public Markets, Rizal Avenue, Magsaysay Drive, 14th Street, Gordon Avenue, Elicano Street, Fendler Street and 20th Street)

Tuesdays and Fridays – collection of excess wastes as requested; this include tree trimmings and yard clippings.

Fridays - collection of recyclables by each respective Barangay or cluster of Barangays (Refer to MRF Management and Operations)

In addition to motorized vehicles, standard pushcarts will be authorized to collect household and commercial recyclables; manually three-wheeled cycles (Tribikes) are no longer authorized to roam around the city to collect recyclables. Authorized and approved collection vehicles and pushcarts will be standardized and will be provided by controlled Government Decals. Each Barangay will be allowed a maximum of two (2) motorized vehicles and five (5) pushcarts per MRF establishment. As the need arises, collection vehicles and pushcarts may be increased upon the Government discretion and approval. All personnel engaged in the collection of recyclables shall be eighteen (18) years old and above; they shall be provided with Government-approved uniforms.

Mondays, Thursdays and Saturdays - a dedicated vehicle for the collection, transport and disposal of wet garbage from households, eateries, canteens and restaurants.

Tuesdays, Fridays and Sundays - a dedicated vehicle for the collection, transport and disposal of infectious wastes generated by hospitals and clinics. For private hospitals and clinics who intend to dispose of their generated wastes to the landfill has to pay a tipping fee as prescribed in related City Ordinance. Private hospital and clinic waste generators shall ensure that the transport vehicles used in the transport and disposal of their wastes are accredited and approved by ESMO and the City Health Department. A solid waste transfer document as shown in ATTACHMENT (1) shall be used prior to every disposal.

SECTION 8. Solid Waste Collection and Disposal Fees

Unless otherwise amended and revised, the solid waste collection and tipping fees as stipulated by the Sangguniang Panlungsod dated 06 February 2008 under City Ordinance No. 09, Series of 2008, “AN ORDINANCE PRESCRIBING THE NEW RATES OF GARBAGE COLLECTION FEES IMPOSED BY THE ENVIRONMENTAL SANITATION AND MANAGEMENT OFFICE”, shall remain.

Tipping Fees for hospital and clinic wastes shall be Php1000.00 per trip.

SECTION 9. Penal Provisions

(1) Prohibited Acts – the following acts are prohibited:

(a) Spitting, urinating and defecating in public places.

(b) Littering, throwing and indiscriminate dumping of waste matters in public places such as roads, streets, sidewalks, canals, rivers, parks and other establishments.

(c) Open burning of solid wastes.

(d) Handling, storage, transport, processing, treatment and disposal of solid wastes by unauthorized and non-accredited waste handlers.

(f) Transport and dumping of domestic, industrial and institutional wastes in areas outside the boundary of the landfill.

(g) Squatting within the established boundary of the landfill.

(h) Street salvaging or scavenging.

(i) Salvaging or scavenging at the active area of the landfill.

(j) Fines and Penalties

(a) Any person who violates the provision of this code shall, upon conviction, be punished with a fine of not less than One Thousand Pesos (P 1,000.00) but not more than Five Thousand Pesos (P 5,000.00) or imprisonment of not less than fifteen (15) days but not more than six (6) months, or both.

(b) For second or subsequent violations of the same, upon conviction, a fine of not less than Three Thousand Pesos (P 3,000.00) but not more than Five Thousand Pesos (P 5,000.00) the additional penalty of imprisonment for one (1) year at the discretion of the court.

(c) If the offense is committed by a corporation, partnership, or other judicial entity duly organized in accordance with the law, the chief executive, president, general manager, managing partner or such other officer-in-charge, shall be liable for the commission of the offense penalized under this act.

(2) Notice of Violation

For violation of this ordinance and other environmental protection measures, a Sanitation Citation Ticket and a Notice of Violation shall be issued in lieu of arrest and/or prosecution. This notifies the offender of the particular infraction of the Ordinance committed; the offender has to report before the City Mayor or any authorized persons for appropriate disposition of the infraction committed within twenty-four (24) hours.

(3) Citizen’s Arrest

Any citizen who is able and is an actual witness to any violation of this Ordinance may arrest the offender or inform any public officer about the offense committed.

Let copies of this Ordinance be furnished the Department of the Environment and Natural Resources (DENR), national and local for their information and appropriate action.

APPROVED UNANIMOUSLY, January 06, 2010

CYNTHIA G. CAJUDO

City Vice-Mayor & Presiding Officer

(On Leave)

GINA GULANES-PEREZ JOHN CARLOS G. DELOS REYES

City Councilor City Councilor

& Temporary Presiding Officer

RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA

City Councilor City Councilor

EDWIN J. PIANO ANGELITO W. BALOY

City Councilor City Councilor

AQUILINO Y. CORTEZ, JR. ANSELMO A. AQUINO

City Councilor City Councilor

ELENA C. DABU JONATHAN G. MANALO

City Councilor City Councilor

CHEENEE F. HOYA

SK Federation President

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