Marcos Ordinance No. 9-2014-021: Solid Waste Management

Republic of the Philippines 

Province of Ilocos Norte 

MUNICIPALITY OF MARCOS

OFFICE OF THE SANGGUNIANG BAYAN ORDINANCE NO. 9-2014-021

AN ORDINANCE INSTITUTING THE COMPREHENSIVE ECOLOGICAL SOLID WASTE MANAGEMENT PROGRAM, CREATING THE NECESSARY MECHANISMS, DECLARING CERTAIN ACTS PROHIBITED, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF.

ARTICLE I. GENERAL PROVISIONS

SECTION 1. Short Title. This Ordinance shall be known as the “Ecological Solid Waste Management Code of 2014 of the Municipality of Marcos, Ilocos Norte”

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

1)  Ensure the protection of public health and environment;

2)   Utilize environment friendly methods that maximize the utilization of valuable resources and encourage resources conservation and materials recovery;

3)   Set guidelines and targets for solid waste prevention and volume reduction through source reduction and waste moderation measures, including composting, recycling, re-use, recovery, green charcoal process, and others, before collection, treatment and disposal in appropriate and environment friendly solid waste management facilities in accordance with ecologically sustainable development principles;

4)  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;

5)   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;

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

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

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

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

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

SECTION 3. Definition of Terms. As used in this Code, the following terms are herein defined:

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

2)  Bulky wastes shall refer to waste materials which cannot be appropriately placed in separate containers because of either its huge size, shape or other physical attributes. These include large worn- out or broken household, commercial, and industrial items such as furniture, lamps, bookcases, filing cabinets, and other similar items;

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

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

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

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

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

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

9) Ecological solid waste management shall refer to the systematic administration of activities which provide for segregation at source, segregated transportation, storage, transfer, processing, treatment, and disposal of solid waste and all other waste management activities which do not harm the environment;

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

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

12) Generator shall refer to a person, natural or juridical, who last uses a material and makes it available for disposal o rrecycling;

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

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;

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

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

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

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

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

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

20)   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 as may be determined by the National Solid Waste Commission;

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

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

23)  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;

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

25)   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;

26)  Controlled Dump Site 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;

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

28)   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;

29)    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;

30)    Solid waste shall refer to all discarded household, commercial waste, non-hazardous institutional and industrial waste, street sweepings, construction debris, agricultural waste, and other non-hazardous/non-toxic solid waste. Unless specifically noted otherwise, the term “solid waste” as used in this Code shall not include:

a.  waste identified or listed as hazardous waste of a solid, liquid, contained gaseous or semisolid form which may cause or contribute to an increase in mortality or in serious or incapacitating irreversible illnesses, or acute/chronic effect on the health of persons and other organisms;

b.    infectious waste from hospitals such as 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 or laboratory animals) and disposable fomites that may harbor or transmit pathogenic organisms, and surgical operating room pathologic specimens and disposable fomites attendant thereto, and similar disposable materials from outpatient areas and emergency rooms; and

c.  waste resulting from mining activities, including contaminated soil and debris.

31)   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.

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

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

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

35)  Special wastes shall refer to household hazardous wastes such as paints, thinners, household batteries, lead-acid batteries, spray canisters and the like. These include wastes from residential and commercial sources that comprise of bulky wastes, consumer electronics, and white goods, yard wastes that are collected separately, batteries, oil, and tires. These wastes are usually handled separately from other residential and commercial wastes;

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

37)   Transfer stations shall refer to those facilities utilized to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport. This term does not include any of the following:

a.  a facility whose principal function is to receive, store, separate, convert, or otherwise process in accordance with national minimum standards, manure;

b.  a facility, whose principal function is to receive, store, convert, or otherwise process wastes which have already been separated for re-use and are not intended for disposal; and

c.  the operations premises of a duly licensed solid waste handling operator who receives, stores, transfers, or otherwise processes wastes as an activity incidental to the conduct of a refuse collection and disposal business.

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

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

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

SECTION 4. Coverage. This Code shall apply to all individuals. This covers:

1)  Occupants of houses, apartments, and other residences;

2)  Owners, managers and staff of commercial establishments such as hotels, restaurants/eateries, stores/shops (repair shops, mechanic servicing/car washing), entertainment and recreational centers, and all other related establishments;

3)  Owners, administrators and staff of institutions like hospitals, clinics, funeral parlors, schools, churches, banks, public and private offices and all other institutions of any kind;

4)  Owners, operators and employees of transportation facilities like terminals, buses, jeepneys, tricycles, hauler trucks of livestock, commercial and industrial establishments, park, public open spaces, thoroughfares and all other facilities; and

5)  Owners, operators and work force of agricultural areas and construction sites and owners of vacant lots.

SECTION 5. Role of the Municipality in Solid Waste Management. Pursuant to the relevant provisions of R.A. No. 7160, otherwise known as the Local Government Code, the municipality shall be primarily responsible for the implementation and enforcement of the provisions of Republic Act No. 9003 otherwise known as the “Ecological Solid Waste Management Act of 2000” and its Implementing Rules and Regulations, and this Code.

Segregation and collection of solid waste shall be conducted at the Barangay level specifically for biodegradable, compostable and reusable wastes: Provided, that the collection of non-recyclable materials and special wastes shall be the responsibility of the municipality.

SECTION 6. Establishing Mandatory Solid Waste Diversion. The Municipal Solid Waste Management Plan shall include an implementation schedule which shows that within five (5) years after the effectivity of this Code; the municipality shall divert at least 25% of all solid waste from waste disposal facilities through re-use, recycling, and composting activities and other resource recovery activities. Provided, that the waste diversion goals shall be increased every three (3) years thereafter: Provided, further, that nothing in this Section prohibits the municipal government and the barangays from implementing re-use, recycling, and composting activities designed to exceed the goals.

ARTICLE II.

SOLID WASTE MANAGEMENT BOARD

SECTION 1. Municipal Solid Waste Management Board. The Municipal Solid Waste Management Board is hereby organized and shall be composed of the municipal mayor as head with the following as members:

1)  Two (2) representatives of the Sangguniang Bayan, preferably chairpersons of the Committees on Environment and Health, who will be designated by the presiding officer;

2)   President of the Association of Barangay Councils in the municipality;

3)  Chairperson of the Sangguniang Kabataan Federation;

4)  A representative from all registered/accredited Civil Society Organization (CSOs) of the municipality;

5)  A representative from the recycling industry;

6) A representative from the manufacturing or packaging industry;

7)   A representative of each concerned government agency possessing relevant technical and marketing expertise as may be determined by the Board.

8)   Representatives from the Non-Government Organizations (NGOs), recycling and manufacturing or packaging industries shall be selected through a process designed by themselves and shall be endorsed by the government agency representatives of the Board.

9)  Such other members as the Board may deem it necessary.

The Board may, from time to time, call on any concerned agencies or sectors as it may deem necessary.

The composition of the Board may be effected through the issuance of an Executive Order by the Local Chief Executive

The barangay officials, with respect to their respective barangay, shall assist the Board in the effective implementation of this Code, RA 9003 “Ecological Solid Waste Management Act of 2000.” and its IRR, and other relevant rules and regulations.

Majority of the members shall constitute quorum for purposes of conducting business.

SECTION 2. Duties and Functions. The Board shall have the following duties and functions:

a.   Develop the Municipal Solid Waste Management Plan that shall ensure the long-term management of solid waste, as well as integrate the various solid waste management plans and strategies of the barangays in its area of jurisdiction. In the development of the Solid Waste Management Plan, it shall conduct consultations with the various sectors of the community;

b. Adopt measures to promote and ensure the viability and effective implementation of solid waste management programs in the barangays;

c.   Monitor the implementation of the Municipal Solid Waste Management Plan through its various political subdivisions and in cooperation with the private sector and the NGOs;

d.  Adopt specific revenue-generating measure to promote the viability of its Solid Waste Management Plan;

e.   Convene regular meetings for purposes of planning and coordinating the implementation of the solid waste management plans of the barangays;

f.   Oversee the implementation of the Municipal Solid Waste Management Plan;

g. Review every two (2) years or as the need arises the Municipal Solid Waste Management Plan for purposes of ensuring its sustainability, viability, effectiveness and relevance in relation to local and international developments in the field of solid waste management;

h.   Develop the specific mechanics and guidelines for the implementation of the Municipal Solid Waste Management Plan;Recommend to appropriate local government authorities specific measure or proposals for franchise or build-operate-transfer agreements with duly recognized institutions, pursuant to RA 6967, to provide either exclusive or non-exclusive authority for the collection, transfer, storage, processing, recycling or disposal of municipal solid waste. The proposals shall take into consideration appropriate government rules and regulations on contracts, franchises and build- operate-transfer agreements;

i.   Provide the necessary logistical, operational and financial support in consonance with subsection (f) of Section 17 of the Local Government Code of 1991;

j.   Recommend measures and safeguards against pollution and for the preservation of the natural ecosystem;

k. Coordinate the efforts of the barangays in the implementation of the Municipal Solid Waste Management Plan;

l.    Develop a program providing for incentives, cash or otherwise, which shall encourage the participation of concerned sectors; and

m. Such other duties and functions as provided for in this Code for the efficient and effective implementation and enforcement of the provisions hereof.

SECTION 3. Expenses. The members of the Board shall not be entitled to compensation other than the necessary and reasonable expenses incurred in the performance of their duties and functions and in the implementation of this Code and related ordinances and regulations of the municipality.

ARTICLE III.

SOLID WASTE MANAGEMENT SYSTEM COMPONENT

SECTION 1. Waste Segregation and Storage. There shall be segregation and storage of waste in the following manner:

1)  Residential Areas:

a.  Residents must segregate their generated solid wastes into four categories:

i.  Biodegradable/compostable;

ii. Non-biodegradable recyclable;

iii. Non-biodegradable non-recyclable;

iv. Special waste and hazardous.

b.   Residents must choose proper receptacle such as cans, sacks, bags, binds, etc. that will facilitate sanitary, efficient handling, storage, collection, transport or disposal at less cost. Food wastes must be placed in hard plastic containers/pails or pit;

c.  The use of non-biodegradable (non-recyclable) disposable materials (e.g. plastic-based, styro-based) must be regulated, if not eliminated;

d. The use of biodegradable food liners, wrappers and containers must be maximized;

e.    Non-recyclable and special waste must be stored in a designated location and will only be moved out during schedule of collection;

f.  Waste intended for collection brought out in public places in no scheduled time shall be considered littering and punishable under this Code;

g.   Toxic and Hazardous Wastes (THWs) must be stored in sealed polyethylene bags/containers prior to collection;

h.  Public thoroughfares and grounds in front of or within the vicinity of residential houses must be kept clean and tidy by the owner/occupant of the house, dwelling or building at all times; and

i.   Trees, shrubs or other vegetation within the vicinity or residences must be regularly cared for and maintained to minimize generated wastes and unpleasant sight.

2)  Commercial Areas:

a.  The separate storage receptacles for segregated wastes in the commercial areas as provided for in Section 1, par. a hereof must be kept within the secured premises of the establishment prior to collection;

b.  The use of biodegradable wrappers or bags (e.g. paper based wrappers) must be maximized;

c.  The selling or use of plastics, styrofoams, and the like that are being used as food and product packages is regulated except when the selling or use of said non-biodegradable materials is necessary and appropriate as may be determined by the Board;

d. All food chains, restaurants, eateries, supermarkets, markets, department stores, hardware stores, wholesale/retail stores and other commercial and business establishments are given twelve (12) months to dispose all of their stocks of plastics, styrofoam, and the like that are being used as food and products packages and shall be replaced by environmental friendly materials such as paper plates, paper bags, paper cups, paper food packs and other similar biodegradable materials;

e.  The lobby and fronting sidewalk/immediate grounds and road gutter of commercial establishments must be kept clean by the owner/operator/ lessee of the establishments at all times;

f.   The front sidewalk and immediate areas of booth, stall, and kiosk of markets must be kept clean and orderly by the lessee of said booth, stall, and kiosk  at all times; and

g.   All applicants of building construction for mass housing, commercial, industrial, or business establishment covered by this Code as may be determined by the Zoning Officer shall submit to the latter a solid waste management plan prior to the issuance of Locational Clearance;

3)  Institutional/Industrial Areas:

a.  The separate storage receptacles for segregated wastes in the institutional and industrial areas as provided for in Section 1, par. a hereof must be kept within the secured premises of the establishment prior to collection;

b.   The head of any institution/industrial firm must ensure the cleanliness and orderliness of its facilities, yards, and its fronting sidewalk, road gutter and street;

c.  Toxic and Hazardous Wastes (THWs) must be stored safely in durable and duly covered receptacle, which should be located in a secured and distant site prior to final collection/disposal by the waste collecting agencies;

d.   Hospital, pharmaceutical, funeral wastes must be stored, collected, transported, and disposed of in accordance with the guidelines, rules and regulations of the Department of Health (DOH). Refer to the Manual on Hospital Waste Management, PD 856, otherwise known as the Sanitation Code of the Philippines;

e.  The treatment and proper disposal of Toxic and Hazardous Wastes (THWs) shall be the responsibility of the concerned firm;

f.   Toxic and Hazardous Wastes (THWs) shall be collected in accordance with applicable laws, guidelines, rules and regulations of the Environmental Management Bureau (EMB-DENR) and the Philippine Nuclear Research Institute (PNRI). Refer to Republic Act 6969 otherwise known as the Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990.

4)   Municipal Parks and Other Open Spaces Identified by the Board:

a. Theft-proof receptacles for recyclable and non-recyclable wastes must be provided in strategic locations/points by the municipal government.

5)  Transportation and Facilities:

a. Human Transport Facilities (e.g. terminal, buses, jeepneys, tricycles, pedicabs and the like).

i. Separate receptacles for biodegradable and non-biodegradable wastes must be provided within the terminal by the operators/owners;

ii.  There must be at least two (2) waste receptacles with cover for biodegradable and non-biodegradable wastes inside a facility that is accessible to all passengers;

iii.  Contents of non-biodegradable waste receptacles must be segregated by the operator/owner pursuant to Section 1, par. a hereof and shall be stored in a safe place prior to collection.

6)  Agricultural Areas:

a. Homogenous agricultural waste (e.g. rice straws, corn cobs, corn stalks, leaves and animal manure), shall be properly stockpiled/ stored by the concerned farmer.

7)  Dumping/Littering:

a. No person shall dump, throw or litter garbage refuse or any form of solid wastes in the streets, highways, roads, and any other public areas and immediate surroundings, including vacant lots, water ways or any place not otherwise designated as dump site or disposal area. Hanging garbage on trees, fences and gates is also prohibited. Any violation hereof shall be penalized accordingly.

SECTION 2. Waste Processing and Resource Recovery. There shall be waste processing and resource recovery in the following manner.

1)  Residential/ Domestic Areas:

a.  Segregated biodegradable kitchen wastes must be properly stored in a secured container with cover or directly disposed in compost pit. These biodegradable materials must be processed within the controlled premises of the households before final utility or disposal of such materials. Food and kitchen refuse may be utilized as animal feeds;

b.    Reuse of non-biodegradable recyclable wastes must be maximized. Sorted metal and plastic containers can be recycled as substitute pots for plants. Used tires can be used as playground material or stacked structure for backyard composting;

c.  Toxic and Hazardous Wastes (THWs) must be properly sorted and stored in appropriate receptacles prior to collection and transport.

2)  Commercial Areas:

a.    Commercial and business establishments shall adopt appropriate resource recovery and recycling strategies;

b.   Food waste from commercial centers (such as cafeterias, turo-turos, restaurants, canteens) may be used as animal feeds and should not be disposed of in sewers.

3)  Institutional/Industrial Areas:

a. Institutional and industrial establishments shall adopt appropriate resource recovery and recycling strategies.

4)  Agricultural Areas:

a. Agricultural wastes (e.g. rice straws, corncobs, and cornstalk) must not be burned but be stockpiled in a proper location and composted. Animal manure can also be composted or used for biogas production.

SECTION 3. Collection and Transportation. There shall be a system of proper collection and transportation of solid waste in the following manner:

1)  Residential Areas:

a.    Waste segregation and collection shall be made at the barangay level specifically for biodegradable/compostable and non- biodegradable recyclable wastes;

b.  Each barangay must have designated pick-up points for non- biodegradable non-recyclable and special wastes which shall be in conspicuous places and accessible to the garbage truck;

c.   The specific date and hour of waste collection shall be scheduled and announced by the Board for strict compliance by all concerned;

d.  Unsegregated wastes shall be treated as “DISPOSED OF” and in violation of anti-littering provision of this Code and must be penalized accordingly.

e.    The collection and disposal of non-biodegradable non- recyclable wastes and special wastes shall be the responsibility of the municipality.

f.  The collection and transportation of any Toxic and Hazardous Wastes (THWs) must be duly coordinated with the Board;

2)  Commercial Areas:

a.    The owner/operator/lessee of any enterprise shall be responsible for the timely positioning of stored sorted/segregated solid waste during collection period;

b.    The specific date and hour of waste collection shall be scheduled and announced by the Board for strict compliance by all concerned;

c.   Unsegregated waste shall be treated as “DISPOSED OF” and in violation of anti-littering provision of this Code and shall be penalized accordingly; and

d.   For purposes of collection, the Board shall determine the different classifications of commercial establishments operating within the municipality; and

e.  The time and manner of waste collection in the market shall likewise be determined by the Board.

3)  Institutional/Industrial Areas:

a.  The owner/operator/lessee of any institutional and industrial establishments shall be responsible for the timely positioning of stored sorted/segregated solid waste during collection period;

b.   Unsegregated waste shall be treated as “DISPOSED OF” and in violation of anti-littering provision of this Code and must be penalized accordingly;

c.  Transportation and disposal of industrial solid wastes are regulated and shall only be permitted upon issuance of clearance by the Board; and

d.  Toxic and Hazardous Wastes (THWs) shall be transported in accordance with applicable laws, guidelines, rules and regulations of the Environmental Management Bureau (DENR-EMB) and the Philippine Nuclear Research Institute (PNRI) and in pursuance to Republic Act 6969 otherwise known as the Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990.

4)       Municipal Parks and Other Open Spaces Recognized by the Board:

a. Collection and transportation of solid wastes from these stations will be undertaken by the municipality.

5)  Provision Common to all Areas:

a. No person shall enter into a contract or offer his services for the disposal of wastes unless otherwise authorized by the Board;

SECTION 4. Disposal of Solid Wastes. There shall be a system of proper disposal of solid wastes for residential, commercial establishments, institutional, and industrial areas in the following manner:

a.  Where space is available, all discarded biodegradable materials must be properly processed/composted for use as fertilizer or soil enhancer. Residuals of solid waste after resource recovery, recycling and composting shall be disposed of in accordance with the provisions of this Code;

b.  Hospital, laboratory, pharmaceutical, funeral wastes, and the like must be stored, collected, transported, and disposed of in accordance with the guidelines, rules and regulations of the Department of Health (DOH). Refer to the Manual on Hospital Waste Management, PD 856, otherwise known as the Sanitation Code of the Philippines;

c.   The treatment and proper disposal of THWs shall be the responsibility of the concerned firm;

d.  THWs shall be collected in accordance with applicable laws, guidelines, rules and regulations of the Environmental Management Bureau (EMB-DENR) and the Philippines Nuclear Research Institute (PNRI). Refer to Republic Act 6969 otherwise known as the Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990; and

e.  No person shall be allowed to dispose of their solid wastes at the controlled dump site unless authorized by the Board.

SECTION 5. Public Market. The rule on solid waste segregation and storage, waste processing and resource recovery, collection and transportation, and disposal of solid wastes at the public market shall be governed by the Rules and Regulations prescribed by the Board.

SECTION 6. Waste Collection Truck Standards. This section applies to all residential, commercial and market areas, and institutional and industrial establishments.

1)  Collection Equipment Standards:

a.  All collection equipment shall be registered with the Board to ensure the proper markings, safety and sanitation of the vehicle;

b.   All collection equipment shall be provided with visible and proper markings of plate and body number on both sides, name and telephone number of the contractor. Markings shall have a minimum of twenty (20) centimeters or (8 inches) in height;

c. All collection truck shall be in good body condition and equipped with tools and spare tires. No sacks nor any eyesore must be seen hanging in the truck;

d.  All collection trucks shall meet the emission standard set by the Department of Environment and Natural Resources including smoke-belching standards; and

e.  Collection trucks and all equipment shall be kept clean and properly maintained and shall be washed after each disposal.

2)  Waste Collection/Transport Standard

a.   All trucks shall be properly covered to prevent spillage of garbage and escape of odor when travelling;

b.  All trucks shall have complete tail lights, flasher, side mirror, plate number, tailgate, wiper and horn;

c.  Contractors shall not park their garbage collection truck and other equipment along any of the streets and major thoroughfares within the municipal limits, nor shall it use any property within the municipality, whether public or private as transfer station for garbage hauled by it without written authority from the municipality;

d. Reckless driving/irresponsible driver, crew under the influence of liquor, regulated and prohibited drugs shall not be allowed;

e.  Owners and operators of trucks shall sanitize, disinfect and deodorize the collection trucks before leaving the dispatching area and after its disposal;

f.  All trucks shall be equipped with proper cleaning and clearing tools, e.g. brooms, dustpans, spade, shovels, etc. for cleaning and collecting spillage garbage caused by the collector’s improper handling.

SECTION 7. Facilities and Equipment. The following shall be the facilities to process solid wastes:

1) Material Recovery Facility (MRF). This shall serve as the facility for the storage, processing and trading recyclables from institutions and commercial establishments. Discarded materials (Residual/Non-recyclable) shall be regularly collected and disposed of at the controlled dump site; and print (handouts, brochures, billboards, streamers, signboards, new features, stickers, t-shirts).

SECTION 5. Developmental Research. There shall be established an Environmental Education Development Program to:

1)  Research on technology transfer, development of arts and crafts, preventive and mitigating measures;

2)  Undertake data banking using a social reform agenda-minimum basic needs survey data;

3)  Setup exhibit areas, demo areas, library, visual aids, miniature models, etc.; and

4)  Create a documentation section that will record and monitor all activities and progress.

SECTION 6. IEC on Art Expressions. There shall be a promotion of Ecological SWM through literary/musical contest during the celebration of environmental month and world earth day. Quiz shows, slogan, essay writing, mural painting and poster making contests, original song compositions, jingle writing contests, and other such activities must become part of the Ecological Solid Waste Management campaign. Promotional awareness shall also include social media such as Facebook.

ARTICLE V.

ENFORCEMENT COMPONENT AND PENALTY PROVISION

SECTION 1. Environment Management Enforcers. The Environment Management Enforcers of the Municipality shall be composed of the following:

1)  Regular Enforcers – SWM Board, Sanitary Inspector, Municipal Agriculture personnel, Municipal Health Office personnel.

2)  Auxiliary Enforcers – Punong Barangay, Sangguniang Barangay, Sangguniang Kabataan, Barangay Tanods, Barangay Solid Waste Management Committee, and Barangay Health Workers;

3)  Deputized Ecological-Aides – There shall be a Deputized Ecological-Aides to be appointed by the Mayor upon the recommendation of the Solid Waste Management Board.

Provided, that there will be community empowerment through citizen’s arrest in the enforcement and monitoring of this Code.

SECTION 2.  Powers and Duties of Environment Management Enforcers.

1)  Coordinate their actions and the activities to the Board;

2)  Apprehend violators of this Code and other environmental ordinances, and issue citation tickets;

3)  Immediately return the triplicate copy of citation tickets to the Municipal Environment and Natural Resources Officer for appropriate action;

4)  Prepare and submit quarterly reports to the Municipal Environment and Natural Resources Officer;

5)  Perform such other functions as the Solid Waste Management Board may deem it necessary

SECTION 3. Penalty Clause. - Any person who commits any of the prohibited acts stated in this Code shall be penalized as follows:

2)   Controlled Dump Site. This shall serve as the facility for solid waste disposal which includes composting center, material recovery facility, among others;

3)   Equipment. Additional equipment must be identified and purchased to augment existing collection services, storage, processing and recovery, processing center, waste collection and transportation, and disposal of solid wastes;

4) Facilities and equipment provided by a private contractor. This shall be subject to the regulations prescribed in RA 9003 and its Implementing Rules and Regulations as well as the guidelines and conditions set forth by the Board. For this purpose, the municipal mayor is hereby authorized to enter into a contract with private contractors.

SECTION 8. Monitoring and Evaluation. There shall be a system of periodic monitoring and evaluation of waste generation and storage, waste processing and recovery, waste collection and transportation, and disposal of solid wastes subject to the necessary guidelines to be issued by the Board.

ARTICLE IV.

INFORMATION, EDUCATION AND COMMUNICATION COMPONENT

SECTION 1. The Municipal Information, Education and Communication (MIEC) Team. There shall be an Ecological Solid Waste Management – Municipal Information, Education and Communication Team (ESWM-MIEC) to prepare programs, modules, and materials to inform and educate individuals about the fundamentals and practices of solid waste management. The members thereof shall be determined by the Board.

SECTION 2. The Barangay Information, Education and Communication (BIEC) Team. There shall be a Barangay ESWM- IEC Team which is composed of the members of the Barangay Solid Waste Management Committee (BSWMC) to disseminate information in barangays.

SECTION 3. Environmental Education in the Formal and Non-formal Sectors. The municipal government shall adopt national framework to strengthen the integration of environmental concerns in school program with particular emphasis on the theory and practice of waste management principles like waste moderation, specifically resource conservation and recovery, segregation at source, reduction, recycling, re-use and composting, in order to promote environmental awareness and action among the citizenry.

SECTION 4. Medium of Communication. There shall be a maximized dissemination of Solid Waste Management through the use of communications system like broadcast media (TV, radio, films) and print (handouts, brochures, billboards, streamers, signboards, new features, stickers, t-shirts).

     SECTION 5. Developmental Research.  There shall be established an Environmental Education Development Program to:

     1)  Research on technology transfer, development of arts and crafts, preventive and mitigating measures;

     2)  Undertake data banking using a social reform agenda-minimum basic needs survey data;

     3)  Setup exhibit areas, demo areas, library, visual aids, miniature models, etc.; and

     4)  Create a documentation section that will record and monitor all activities and progress.

     SECTION 6. IEC on Art Expressions. There shall be a promotion of Ecological SWM through literary/musical contest during the celebration of environmental month and world earth day. Quiz shows, slogan, essay writing, mural painting and poster making contests, original song compositions, jingle writing contests, and other such activities must become part of the Ecological Solid Waste Management campaign. Promotional awareness shall also include social media such as Facebook.

ARTICLE V.

ENFORCEMENT COMPONENT AND PENALTY PROVISION

     SECTION 1. Environment Management Enforcers.  The Environment Management Enforcers of the Municipality shall be composed of the following:

     1)  Regular Enforcers – SWM Board, Sanitary Inspector, Municipal Agriculture personnel, Municipal Health Office personnel.

     2)  Auxiliary Enforcers – Punong Barangay, Sangguniang Barangay, Sangguniang Kabataan, Barangay Tanods, Barangay Solid Waste Management Committee, and Barangay Health Workers;

     3)  Deputized Ecological-Aides – There shall be a Deputized Ecological-Aides to be appointed by the Mayor upon the recommendation of the Solid Waste Management Board.

     Provided, that there will be community empowerment through citizen’s arrest in the enforcement and monitoring of this Code.

    

     SECTION 2.   Powers and Duties of Environment Management Enforcers.

     1)  Coordinate their actions and the activities to the Board;

     2)  Apprehend violators of this Code and other environmental ordinances, and issue citation tickets;

     3)  Immediately return the triplicate copy of citation tickets to  the Municipal Environment and Natural Resources Officer for appropriate action;

     4)  Prepare and submit quarterly reports to the Municipal Environment and Natural Resources Officer;

     5)  Perform such other functions as the Solid Waste Management Board may deem it necessary

     SECTION 3. Penalty Clause. - Any person who commits any of the prohibited acts stated in this Code shall be penalized as follows:

Non-compliance or in violation of any provision of this Code not specifically provided above shall be penalized by a fine in the following manner:

1st offense – P 300.00;

2nd offense - P 700.00;

and 3rd offense – P 1,000.00.

Violation or non-compliance to Rules and Regulations issued by the Board in the enforcement and implementation of this Code shall be penalized by a fine in the following manner: 1st offense – P 300.00; 2nd offense – P 700.00 and 3rd offense – P1,000.00.

In addition to the penalties imposed above, all business establishments which violate or fail to comply the provisions of this Code and the Rules and Regulations issued by the Board shall be a ground for the suspension or revocation of business permit or license as follows:

1st Offense  –  One (1) month suspension of business permit and license to operate  business;

2nd Offense –  Three (3) months suspension of business permit and license to operate  business;

3rd Offense      –    Revocation of business permit and license to operate business.

SECTION 4. Issuance of Environment Citation Ticket (ECT). If a person has been apprehended of committing a violation or for non-compliance to any of the provisions of this Code, other environmental and ecological ordinances of the municipality, and the Rules and Regulations issued by the Board, an Environment Citation Ticket will be issued by the Environment Management Enforcers. Such citation ticket will be in triplicate copy, the original of which will be retained by the enforcer issuing the ticket, the second copy will be given to the violator and the third copy to the Municipal Environment and Natural Resources Officer. Such fines must be paid within seventy

(72) hours upon the date of issuance of the ticket which will be paid to the Municipal Treasurer’s Office.

SECTION 5. Persons Liable. If the violator is a corporation, firm, institution or other corporate entities, the president, manager or person responsible for its operation shall be held liable. The head or owner of household or any establishment shall be the respondent in case of violation of this Code and Rules and Regulations issued by the Board. If the violator is below the age of accountability (below 12 years old) the person to be penalized shall be the parent or the guardian of the minor or child.

Compliance to the provisions of this Code and the Rules and Regulations issued by the Board shall be a pre-requisite for the issuance or renewal of business permit and license for commercial, institutional, and industrial establishments.

SECTION 6. Rules of Procedures. The Rules of Court and Rules of Procedure for Environmental Cases promulgated by the Supreme Court and other applicable rules shall govern the procedures civil, criminal and special civil actions before the appropriate courts involving enforcement, violation or non-compliance to any of the provisions in this Code, other environmental and ecological ordinances of the municipality, and Rules and Regulations issued by the Board.

SECTION 7. Disposition of Fines.

1)  The fines collected in violation of this Code shall be disposed as follows:

a.   35% to the Municipality of Marcos, Ilocos Norte as special fund to be called as Environment Trust Fund to be expended for the implementation of this Code and related Ecological and Environment Ordinances and Regulations;

b.   15% to be given as incentive to the group of Environment Management Enforcers who apprehend the violator;

c.   50% to the respective barangay where the violation was committed to be expended for the implementation of this Code and related ecological and environmental ordinances.

ARTICLE VI. FINAL PROVISIONS

SECTION 1. Repealing Clause. All ordinances, resolutions and regulations inconsistent or contrary to the provisions of this Code are hereby repealed accordingly.

SECTION 2. Separability Clause. If for any reason or reasons, a part or provision of this ordinance is declared contrary to law, morals, public order or public policy, all other provisions shall remain valid and effective.

SECTION 3. Effectivity Clause. This Ordinance shall take effect on January 1, 2015.

Voting In Favor - - - Members dela Cruz, Guillermo, Pillos, Calaoagan,Tamayo, Agustin, Ermitanio;

Voting Against - - - Rosqueta; Abstention - - - - - -  None.

(on official business – Vice Mayor Felipe)

CERTIFIED CORRECT:

(Sgd) MARITES S. BUMANGLAG

Secretary to the Sanggunian

ATTESTED:

(Sgd) ROFEL R. PAMBID

Temporary Presiding Officer

APPROVED: October 9, 2014

(Sgd) ARSENIO A. AGUSTIN

Municipal Mayor