ORDINANCE NO: 2009-293 (Sponsors: Honorable Estrella D. Arao, Honorable Wilson S. Co, Honorable Bienvenido C. Culve) "AN ORDINANCE MODIFYING, ENHANCING AND AMENDING CITY ORDINANCE NO. 2009-293 OTHERWISE KNOWN AS "THE COMPREHENSIVE SOLID WASTE MANAGEMENT ORDINANCE OF THE CITY OF PAGADIAN"" Be it ordained by the Honorable Sangguniang Panlungsod in session assembled that: ARTICLE I - GENERAL PROVISIONS Section 1. Title. This ordinance shall be known as "The Ecological Solid Waste Management (ESWM) Program of Pagadian City. Section 2. Declaration of Policies. It is hereby declared the policy of the City to adopt a systematic, comprehensive and ecological solid waste management program which shall: Ensure the protection of public health and environment; Utilize environmentally sound methods that maximize the utilization of valuable resources and encourage resources conservation and recovery; Set guidelines and targets for solid waste avoidance and waste minimization measures to include composting, recycling, re-use, recovery, green charcoal process and others which shall be in accordance with ecologically sustainable development principles; Ensure proper segregation/sorting at source, collection, storage, added value processing, composting, factory return and others which shall be in accordance with ecologically sustainable development principles; Promote research and development programs to improve ecological solid waste management and resource conservation techniques, with more effective and efficient institutional arrangements; Encourage greater private sector participation in ecological solid waste management; Retain primary enforcement and responsibility on ecological solid waste management with the 54 Barangay LGUs while establishing cooperative effort with the National government agencies, provincial government, neighboring municipal LGUs, NGOs/POs and the private sector; Institutionalize public participation in the development and implementation of ecological solid waste management programs; Encourage cooperation and self-regulation among waste generators; and Strengthen the integration of Ecological Solid Waste Management, 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. For the purpose of this Ordinance, the following terms shall mean: Agricultural Waste. The waste generated from clearing, planting or harvesting of crops, trimming or pruning of plants including wastes or run-off materials from farms or fields; Babad Pail. Shall refer to pail or container with "soap-washing from laundry" to wash soiled non-biodegradable materials for recycling purposes. Biogas Digester. Shall refer to the airtight chamber wherein animal manure are deposited to decompose, ferment and produce biogas. The same basically are of two kinds: the "POSO NEGRO" or Taiwan type and the above-ground portable Valderia model. Biogas is a mixture of methane, carbon dioxide, and traces of inert gases produces by the fermentation of animal manure organic waste in an airtight digester chamber. 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 large worn - out or broken household, commercial or industrial items such as furniture, lamps, bookcases, filing cabinets, and other similar items; 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. Collection. Shall refer to the act of removing solid waste in segregated containers from the source or from a communal storage point; Compost. Biodegradable or organic matter decomposed into a humus-like product conditioner or fertilizer. Composting. Biological degradation under controlled conditions; the process of making biodegradable such as food, garden waste, animal waste, human waste into compost by mixing them with soil, water, biological additives/activators(optional) and air; refer also to the controlled decomposition of organic matter by micro-organisms, mainly bacteria and fungi, into a humus-like product. Consumer Electronics. Shall refer to special waste that include worn-out, broken, and other discarded items such as radio, stereos and TV sets; Domestic Waste. Is the refuse from households, as distinguished from industrial waste, agricultural waste, hospital waste, etc. which may be classified as biodegradable (compostable), non-biodegradable (non-compostable). Ecological Solid Waste Management (ESWM). Shall refer to the systematic administration of activities which provide for segregation at source, segregated transportation, storage, transfer, processing, treatment and all other waste management activities which do not harm the environment; Environmentally Acceptable. Shall refer to the quality of being reusable, biodegradable or compostable, recyclable and not toxic or hazardous to the environment; Enzymes. A protein produced by cells, which substance will initiate or accelerate chemical reactions in plants or animal matter, acting like an organic catalyst. Factory Returnables. All non-biodegradable or non-compostable such as tin cans/metals; bottles/glass (including broken pieces); plastics, Styrofoam, rubber, drypaper, dry cardboard, dry cloth, fibers, leather, feathers, hard shells, hard bones, etc. which are segregated in separate containers or placed in one sack (cans, bottles, containers already rinsed), and are sold/given away to collectors. Feed Materials. All food waste peelings, vegetable trims, fish entrails, fowl innards, spoiled fruits, leftover, egg shells, rice/fish/meat washings etc. that should be collected and kept in covered containers as hog/chicken/duck/pets/fish feeds. Fermentables. Fruit peelings; overripe or spoiled fruits; juices, e.g. buko juice, etc. that are made into vinegar, wine, nata de coco, nata de pina, etc. Fertilizer Materials. All compostables or biodegradables such as garden wastes (leaves, twigs, weeds); animal wastes (manure, carcasses); human waste (feces, urine, blood, all excreta, soiled wipes, pads, diapers (with plastic portions already removed) etc., are made into compost for organic gardening. Filling Materials. If efforts are exerted to find not only the maximum but also the optimum use of waste, hardy any will be left as filling material. Such materials may be compacted, mixed with rice chaff and "binders" and use for appropriate construction projects. Fine Crafts. Are products obtained through the use of talents, or ideas of people; many of the non-biodegradables could be used as materials for handicrafts, cottage industries, art works, toys and other livelihood projects such as paper mache, paper basketry, tin craft, metal craft, plastic twine, or rope braids, feather crafts, wooden crafts, even "lahar" craft. Styrofoam melted in small amount of gasoline solvent provides cheap glue or "binder" for many of the projects. Food Materials. Include certain kinds of seeds, pulp, peelings, that are made into pickles, juices, "sweets" or candies, or snacks. Functional Facility/Equipment. Useful equipment/facility devised or created from discards; throw-away junk or scraps, e.g. chairs, tables, doormats; play equipment from used rubber tires; roofing from milk cans, flower pots, "planters" from plastic bags, sacks, containers, etc. Generation. Shall refer to the act of the 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; Green Charcoal. Another form of fuel or grass charcoal, manufactured from compostable, organic, cellulosic materials with the use of enzymes to break down the lining or binding material, after which it is molded and, dried then used in charcoal-fed stoves. 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: cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed; Incineration. The controlled process by which combustible waste are burned and changes into gasses and residues that are highly toxic and hazardous. Landfill Leachate. The downward seeping of water through the landfill carrying with it the dissolved water - soluble contents of the waste which can be collected by the underground drainage of water system. Leachate. Shall refer to the liquid produced when waste undergoes decomposition, and where water percolates 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; 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; Persons. Shall refer to any being, natural or juridical, susceptible of rights and obligations, or of being the subject of legal relations; Receptacles. Shall refer to individual containers used for the storage of segregated recyclable materials; Recycling. The re-use, retrieval, recommission of elements/matter for any and all purposes necessary to healthful leaving; the process by which wastes materials are transformed into new products whereby the former may lose their identity; 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/or re-use of previously used packaging material shall be deemed recycling under this act; 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 shall exclude incineration; 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; 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. Special Waste. Shall refer to household hazardous waste such as paints, thinners, household batteries, lead-acid batteries, spray canisters and the like. These include waste from residential and commercial source that comprise of bulky wastes, consumer electronics, white goods, batteries, used oil, and tires. These waste are usually handled separately from other residential and commercial wastes; Solid Waste. Shall refer to all discarded non-toxic, non-hazardous non-infectious household, commercial, waste, institutional and industrial waste, street sweepings, construction debris and agriculture waste. Biodegradable/Compostable/Putrescible Materials: Food (cooking/waste/kitchen waste; peelings, leftovers, vegetable trims, fish/fowl/meat animal entrails, innards/cleanings, soft shells, seeds, etc.; Agricultural and garden plant waste: leaves/flowers, twigs, branches, stems, roots, trimmings, weeds, seeds/inedible fruits; rice hulls, rice/corn stalks, corn husks, coconut shells/husks, etc. Animal waste, excreta, soiled pads, sanitary napkins, etc. Non-biodegradable/compostable Items: Metals: tin cans, aluminum, iron, lead, copper, silver, etc.; Glasses: bottles, cullets (broken glass), sheets (shards), mirrors, drinking glass, table tops, window shields, glass walls, glass doors, window panes, cabinet glass, etc. Plastics polyethylene (bags), polypropylene (straws/jute sacks/containers, polyurethylene (foam, mattresses), polystyrene (Styrofoam), polyvinyl (tubes, pipes, linoleum, polyacetate (fibers, cloth rayon), etc.; Bonded or composite: doy packs, sachets Rubber: (natural and synthetic): tires, goods, etc.; Dry paper and cartons/boxes: cardboards, newspapers, magazines, books, bond paper, onion skin, notebooks, columnar, journals, printing press trimmings, etc. Other dry fibers: cloth twine, rugs, feather, hair etc.; Dry leathers: skin/hides, etc.; Hard shells/bones; debris, rocks Special waste White Goods. Shall refer to large worn-out or broken household, commercial, and/or industrial appliances such as stoves, refrigerators, dishwashers and clothes washers and dryers. White goods are usually dismantled for the recovery of specific materials (e.g., copper, aluminum,etc.); and Zero Waste Resource Management System. The ecological method of handling waste whereby waste will not degrade the environment nor pollute air, water, and soil to facilitate the sanitary retrieval, re-use or recycling of materials following the natural law on ecology such that nothing is to be wasted or thrown away. ARTICLE II - INSTITUTIONAL MECHANISM Section 4. The City Ecological Solid Waste Management Board. There is hereby established the City Ecological Solid Waste Management Board, hereinafter referred to as the CESWMB under the office of the City Mayor. It shall be composed of the following: Chair : City Mayor Vice Chair : City Vice Mayor Members: 1) The Chair, SP Committee on Ecology, Health & social Services 2) The President, City Liga ng mga Barangay 3) The President, City SK Federation 4) The City Health Officer 5) The CENRO Pagadian, DENR 6) The Provincial Director, DTI-Zamboanga del Sur 7) The City Agriculturist 8) The City Planning & Development Coordinator 9) The City Local Government Operations Officer, DILG 10) The City Budget 11) Religious Sector representative 12) Trimedia representative 13) The General Manager, Pagadian City Water District 14) Buy-Back Center / Junkshop representative 15) Business Group representative 16) The City Schools Division Superintendent, Department of Education 17) Recycling Industry representative 18) A representative of each concerned government agency processing relevant technical and marketing expertise as may be determined by the Board. The City ESWMB may, from time to time, call on any concerned agencies or sectors as it may deem necessary. The CESWMB shall be assisted by a Technical Working Group (TWG) which shall be created through the issuance of an Executive Order by the City Mayor. Section 5. CESWMB, Duties & Responsibilities. The CESWM Board shall: develop the City Ecological Solid Waste Management Plan that shall ensure a sustainable solid waste management integrating therein the ESWM plans and strategies of the barangays in its area of jurisdiction; adopt measures to promote and ensure the viability and effective implementation of ESWM programs in all component barangays; monitor the implementation of the City ESWM plan through its various component barangays and in cooperation with the private sector and the NGOs/POs; adopt various revenue-generating measures to promote the viability of the City ESWM plan; convene regular meetings for purposes of coordinating the implementation of the ESWM plan, as for evaluation and improvement of the plan. oversee the implementation of the City ESWM plan; review annually or as the need arises the City ESWM plan for purposes of ensuring its sustainability, viability, effectiveness, and relevance in relation to local, national and/or international developments in the field of ESWM; develop the specific mechanics and guidelines for the implementation of the ESWM plan and this ordinance; provide the necessary logistical and operational support to its component barangays; recommend measures and safeguards against pollution and for the preservation of the natural ecosystem; and coordinate the efforts of the component barangays in the implementation of the City ESWM plan. Submit a quarterly report to the Provincial ESWM Board. Section 6. Barangay Ecological Solid Waste Management Committee (BESWM), Creation and Composition. Barangay ESWM Committees shall be created and composed of the following: Chair : Punong Barangay Members: One (1) Kagawad (Chair of Environment or Health Committee) The SK Chair The President, Barangay Zone/District or Purok Federation The President, Homeowners Association, if any Public/Private School Principals The PTCA President or Permanent alternate Religious Organizations official representative Business Sector permanent representative Environmental NGO permanent representative Junkshop association permanent representative Section 7. Barangay ESWM Committee, Functions & Responsibilities. The Committee shall have the following functions and responsibilities: formulate ESWM program consistent with the City ESWM plan; enforce segregation - at - source at the level of households, schools, establishments, office, satellite markets, transport terminals and other public places, as well as implement ESWM program; establish an MRF; allocate barangay funds for ESWM activities, look for sources of funds; organize core coordinators; conduct massive and regular IEC on ESWM program; regularly submit ESWM monthly reports to the City ESWM Board through its TWG for consolidation. ARTICLE III - ECOLOGICAL SOLID WASTE MANAGEMENT Section 8. Mandatory Segregation-At-Source. Every household, office, establishment, school or institution shall provide their own receptacles or container for source-separated materials to facilitate appropriate management activities like: the individuals shall initiate to sort biodegradable materials for animal feeds, fermentables, food material or directly for composting purposes, hence, the number of containers will depend on the intended purpose (s); all compostable shall be processed either at household or community level using; the 10 -flower pot technique, twin - tower tire, wind-row, composting or in -vessel composting as may be desired/planned by the user processor; all dry & clean non-biodegradable shall be placed in separate box or sack - softeners to facilitate ease of collection or selling of the goods; all soiled/dirty containers eg. plastics, bottles, cans, sachets, etc, shall be placed in "babad "pails, washed/rinsed and drip - dried to prevent insect, flies and roaches harborages, before they shall be placed in the sack - softeners for dry and clean non - biodegradable materials. disposable diapers and napkins shall be directly included in compost processing provided they are left open (not rolled) to provide direct contact with soil, water and air, the plastic portion can be simply separated when the compost has matured; plant waste, animal dung from yards or farm fields shall be shredded or processed into compost using "window composting"; the product can be further enhanced through vermin-composting or the cigarettes butts shall be collected to produce "homemade" insecticides; incorporation of additives, e.g., enzymes, effective micro organism (EM); activities "a" to "g" shall be supervised by the Barangay ESWM Committee; The barangay core group and all barangay officials; bulky waste or white goods like refrigerators, freezers, washing machine, air conditioning units, to ensure that toxic and/or hazardous parts are separated; The toxic/hazardous parts shall be turned over to the City Special Waste Management team (under the ESWM Technical Working Group) for proper safekeeping; the metal and plastic parts to be left to the barangay level management. plastic bags, plastic wrappers, candy wrappers, cigarette packs, used foils, plastic seals, polystyrene (Styrofoam), rubber bands, sachets, cotton buds sticks, straw, plastic ropes, used tires, etc. unless utilized as raw materials for fine crafts or functional facilities, shall be placed in containers labeled as residual waste; wet cell batteries are toxic/hazardous waste but are factory returnable, hence, they are not mixed with other waste, instead they shall be sold directly to buy- back centers; sharps like sewing needles, blades, razors, nippers, knife, metal scissors, etc. shall be stored in covered containers and sold as metals, while all disposable needles, to include syringes used for extracting blood, pricking needles/lancets, etc shall be placed in a separate tightly covered container strictly following the DOH protocol for infectious waste; special waste shall be handled separately from the rest of the biodegradable and factory returnable waste; there are the dry-cell batteries, electric bulbs, fluorescent bulbs, thinner, paint, motor vehicle oils, cellphone and watch batteries, calculators, TV and radio sets, computers shall be turned over to the City Waste Management Team. Section 9. Collection & Management Protocol. All non-toxic/non-hazardous/non-infectious biodegradable and non-biodegradable materials (for factory return or cottage industry processing) shall be managed at the barangay level only; a.1) Kitchen biodegradable shall be processed daily while yard or farm plant and animal waste shall be processed daily or as the need calls for it; a.2) buy-back activity of factory returnables shall be as scheduled by the barangay; the city shall collect the residual waste from barangays once a week separate from the collection of special waste, bulky waste or white goods; the management of residual waste, special waste, bulky or white goods shall be under the care of the city until a specific arrangement for treatment of these wastes shall have been done. the City shall organize the operators of hospitals, clinics, funeral parlors, machine shops, automobile repair stations, gasoline stations and photo shops for the treatment of their infectious, toxic and hazardous waste, as well as their collection and management. Section 10. Recycling, Processing, Entrepreneurship And Marketing. The City and Barangay Governments shall: encourage composting from small (household) to large scale industries to support farm /garden input requirements for agricultural production; support vermicomposting technology for high quality compost production; encourage/recognize individual talents for creative craft making from recyclables quality control and volume production for export marketing; provide incentives to entrepreneurs engaged in recycling; assist in the sourcing out of funds from national and/or international funding institution; commit to support the attainment of a zero-waste lifestyle for its people; develop market strategies/linkages for all of the recyclable materials or products developed/processed within the City of Pagadian; support the undertaking of a continuous, massive IEC in all the sectors of society in Pagadian City. open its best practices to all visitors who will be interested to learn the craft or technology and procedures; support the needs of neighboring LGUs in the implementation of ESWM Section 11. Residual Waste Management. The City shall aggressively look for an appropriate ecologically sound technology to be topped for residual waste treatment into products with added value. ARTICLE IV - FINAL PROVISIONS Section 12. Prohibited Acts. The following acts are prohibited: Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros or parks, and establishment, or causing or permitting the same; Undertaking activities or operating, collecting or transporting equipment in violation of sanitation operation and other requirements or permits set forth in or established pursuant to R.A. 9003; The open burning of solid waste; Causing or permitting the collection of non-segregated or unsorted waste; Squatting in open dumps and landfills; Open dumping, burying of biodegradable or non-biodegradable materials in flood-prone areas; Unauthorized removal of recyclable material intended for collection by authorized persons; The mixing of source-separated recyclable material with other solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal; Establishment or operation of open dumps as enjoined in R.A. 9003, or closure of said dumps in violation of Sec. 37 thereof; The manufacture, distribution or use of non-environmentally acceptable packaging materials; Importation of consumer products packaged in non- environmentally acceptable materials; Importation of toxic wastes misrepresented as "recyclable" or "with recyclable content" Transport and dumping in bulk of collected domestic, industrial, commercials and institutional waste in areas other than centers of facilities prescribed under R.A. 9003; Section 13. Fines & Penalties. (a) Any person who violates this Ordinance shall, upon conviction, be punished with a fine of not less than Three Hundred Pesos (P300.00) but not more than Five Thousand Pesos (P5,000.00). Section 14. Citizen Suit. For purposes of enforcing the provisions of this Ordinance or its implementing rules and regulations, any citizen may file an appropriate civil, criminal or administrative action in the proper courts/bodies against: Any person who violates or fails to comply with the provisions of this ordinance or its implementing rules and regulations; or The DENR or other implementing agencies with respect to orders, rules and regulations issued inconsistent with this ordinance; and/or Any public officer who willfully or grossly neglects the performance of any act specifically enjoined as a duty by this ordinance or its implementing rules and regulations; or abuse his authority in the performance of his duty; or, in any manner, improperly performs his duties under this ordinance or its implementing rules and regulations: Provided, however, That no suit can be filed until after thirty days (30) notice has been given to the public officer and the alleged violator concerned and no appropriate action has been taken thereon. The court shall exempt such action from the payment of filing fees and shall, likewise, upon prima facie showing of the non-enforcement or violation complained of, exempt the plaintiff from the filing of an injunction bond for the issuance of a preliminary injunction. In the event that the citizen should prevail, the Court shall award reasonable attorney's fees, moral damages and litigation costs as appropriate. Section 15. Appropriation. For the initial operating expenses of the CESWMB and its TWG, the amount of One Hundred Thousand (P100, 000.00) Pesos is hereby appropriated from the City's General Fund 2008, in order to carry out the mandate of this ordinance. Thereafter the CESWMB shall submit a budget to be incorporated in the City's Annual Budget. Section 16. Implementing Rules and Regulations (IRR). The CESWMB with its TWG shall formulate the implementing rules and regulations of this ordinance to define the details of the enforcement of the provisions of this ordinance. Section 17. Separability Clause. In case any provision of this ordinance or the application of such provision to any person or circumstances is declared unconstitutional, the remainder of the ordinance not be affected by such declaration. Section 18. Repealing Clause. All ordinances and its rules and regulation or parts thereof inconsistent with the provisions of this ordinance are hereby repealed or modified accordingly. Section 19. Effectivity. This ordinance shall take effect fifteen (15) days after its publication in a newspaper of local circulation. ENACTED AND APPROVED by the 9th City Council of Pagadian City during its 100th Regular Session held on October 13, 2009 at the Sangguniang Panlungsod Session Hall.