Laoag gov’t set to strictly regulate fuel stations zoning

Laoag councilor John Michael Fariñas presents his measure regulating all businesses on fuel filling and refilling stations in the city in accordance with existing and established zoning, safety, and environmental standards during the last regular session and was approved on its third and final reading. (Doms dela Cruz)

By Dominic B. dela Cruz, Staff reporter

Laoag City—The city government here will soon start regulating all fuel filling and refilling stations in the city in accordance with existing and established zoning, safety, and environmental standards.

Laoag councilor John Michael Fariñas said Article II, Section XVI of the 1987 Philippine Constitution; Republic Act No. 7160 or the Local Government Code; Republic Act No. 8749 or the Philippine Clean Air Act of 1999; Republic Act No. 9275 or the Philippine Clear Water Act of 2004; Republic Act No. 6969 or the Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990; and Republic Act No. 9514 or the Fire Code of the Philippines of 2008 are all national laws that were adopted and incorporated in City Ordinance No. 2024-034 s. 2024 or the Revised Comprehensive Cleanliness and Environment Management Protection Code of the City of Laoag (Oplan Dalus Code).

Fariñas, who authored the ordinance, said that fuel stations, by their nature, store and dispense highly flammable and polluting substances, and without proper safeguards, pose risks to soil and groundwater contamination, air pollution, fire hazards, and other threats to public health and safety.

He said that the Joint Committees on Trade, Commerce, and Industry, as well as Laws, Rules, Ethics, and Privileges, in coordination with the Office of the City Legal Officer, the Office of the City Planning and Development Officer, and the Bureau of Fire Protection, has reviewed the regulatory gaps and safety concerns surrounding gasoline stations and recommends the enactment of a specific ordinance to address these issues.

Relative to this, he said that the city government is duty-bound to regulate the establishment and operation of fuel filling and refilling stations to ensure compliance with environmental and safety standards, and to protect the welfare of its citizens and future generations following the doctrine of “intergenerational responsibility” embodied in the case of Oposa vs. Factoran.

He said that it is then the policy of the city to safeguard public health, safety, and the environment by regulating the establishment and operation of fuel filling and refilling stations, ensuring compliance with zoning, safety, and environmental standards, preventing hazards such as leaks, spills, and emissions, promoting accountability among operators and encouraging sustainable and environmentally sound practices in the fuel retail industry.

According to the legislator, the measure applies to all existing and future fuel filling and refilling stations or those in the business of liquid petroleum products within the territorial jurisdiction of the City of Laoag.

He said that it should be mandatory for all fuel stations in the city to put up apparent and highly visible warning signages in conspicuous places in their business establishments like: no Smoking; turn off cellular phones while refueling or filling up; no lighting of matches or lighters within 10 meters from any fuel station; get off motorbikes before refueling;  switch off engine before refueling; and in case of fire, use chemicals like liquid CO2 and foam, not water.

Furthermore, the following acts are also violations: smoking or vaping while refueling; use of cellular phones while refueling or while within the forecourt area of any fuel station; refueling while customers are still seated on their motorized vehicle or straddling on motorbikes; and refueling while engines are still running.

He said that a customer or a pump attendant, employee of the fuel station, or any person who performs the said acts mentioned shall be penalized with a PHP1,000.00 fine.

All fuel filling and refilling stations shall comply with the environmental and sanitation standards set forth in City Ordinance 2024-034 s. 2024, including but not limited to: proper waste disposal and segregation; stations must implement a durable waste segregation scheme and maintain a functional material recovery facility (MRF) for solid waste management; wastewater  management; direct discharge of wastewater into bodies of water, including the Padsan River is strictly prohibited; septic tanks must be accredited by the Office of the City Environment and Natural Resources Office (OCENRO) and the DENR to prevent flooding and contamination; air and atmosphere protection; stations shall adopt measures to minimize air pollution, including vapor recovery systems and regular maintenance of fuel dispensing equipment; energy efficiency and conservation; lighting, ventilation, and operational systems must incorporate energy-efficient technologies where feasible, in support of Laoag City's conservation goals; beautification and orderliness: station premises must be kept clean, landscaped where appropriate, and free from visual clutter, in line with the city’s beautification mandate; biodiversity and biosafety:  no activity shall be permitted that threatens local biodiversity or violates biosafety protocols, especially in ecologically sensitive zones.

To ensure safety and mitigate environmental and traffic risks, Fariñas said:  underground storage tanks must be located at least 15 meters from any nearby establishment; a firewall shall be constructed between the station and adjacent structures; except for existing and established fuel stations, a minimum distance of 100 meters between the fuel station and: institutional facilities (e.g., schools, hospitals); existing commercial establishments; and other gasoline or service stations.

All stations must comply with the provisions of Republic Act No. 9514 s. 2008, including but not limited to the installation of appropriate fire suppression equipment, at least one wheeled-type fire extinguisher per station and regular inspection and certification by the Bureau of Fire Protection.

In addition, Fariñas said all proposed fuel stations whose preferred location requires land-use reclassification, shall undergo a public hearing facilitated by the Sangguniang Panlungsod (SP) committees (SP-Com) composed of land estates, trade and industries, laws, rules, ethics, and privileges, environment and natural resources, and public health and Sanitation.

He also said that notices should also be posted in the barangays concerned, at least 15 days prior with a Barangay Resolution of No Objection (RoNO) or support to the establishment of the same, shall be a necessary document for the consideration of the SP-Com and for its affirmative recommendation.

Existing fuel stations are required to retrofit or upgrade their facilities to include firewalls and other safety systems in full compliance with this ordinance, and other applicable laws, codes, and standards.

He said that violations of this measure except those infractions earlier mentioned, should be penalized as follows: first offense: PHP2,000 fine, second offense: PHP3,000 fine and suspension of operations; and third and subsequent offenses: PHP5,000 fine and revocation of permit.

If the business is owned by a juridical entity, the fine imposed shall be paid by either the chief executive officer, president, general manager, or person-in-charge.

The Office of the City Planning and Development Officer, in close coordination with the Bureau of Fire Protection, together with the Office of the City Environment and Natural Resources Officer, Office of the City Engineering Officer, Office of the City Health Officer, Business Permits and Licensing Office and other relevant agencies shall ensure the strict implementation of the measure.