ORDINANCE NO: 2016-365 Sponsors: Honorable Dominador S. Yocogo, Jr. Honorable Cherryl Yamba-Lee Honorable Jurofer P. Pulmones Co-Sponsor: Honorable Mendato B. Marcaban "AN ORDINANCE ADOPTING AN UPDATED COMPREHENSIVE SOLID WASTE MANAGEMENT ORDINANCE IN THE CITY OF PAGADIAN" Be it ordained by the Sangguniang Panlungsod of Pagadian City in session assembled, that: ARTICLE I - GENERAL PROVISIONS Section 1. Title. - This ordinance shall be known as "The Pagadian City Ecological Solid Waste Management (ESWM) Ordinance of 2016." 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, cooperation and self-regulation in ecological solid waste management; Retain primary enforcement and responsibility on ecological solid waste management with the 54 Barangay Government Units 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; 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. Biodegradable plastic bags - refer to thin filmed plastic bags that are decomposable and considered eco-friendly; Biogas Digester - shall refer to the airtight chamber wherein animal manure is 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 produced 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). Dry goods - refer to any goods or products that are originally packed in any hard and dry containers and those that are not perishable; Dry market - refers to the stores that generally sells goods or products that are originally packed in hard and dry containers and those that are not perishable; 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, dry paper, 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, leftovers, 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 - refers to all materials and residues left after the optimum use of waste in compliance to the provisions of R.A. 9003. Such materials may be compacted, mixed with rice chaff and "binders" and used 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 or 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. Indigenous packaging materials - refer to the local biodegradable packaging materials used before the proliferation of thin film plastic bags such as banana leaves and trunks, newspaper, carton boxes, cloth bags, etc.; 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; Packaging Materials - generally refers to any material used as container and for wrapping, covering, casing of goods; Plastic bags - refer to plastic shopping bags and thin film plastic bags which is a type of flexible packaging materials made of thin plastic film that is used for containing and transporting goods and other product; Plastic straws - refer to straws made out of plastic that is generally used on bottled soft drinks; Primary packaging container - refer to those types of packaging materials for containing generally wet food products, refrigerated or frozen goods; Receptacles - shall refer to individual containers used for the storage of segregated recyclable materials; Recycled plastic bags - refer to plastic bags owned and brought by the consumer/customer to any business establishment to be used only as secondary packaging materials; Recycling - refers to the re-use, retrieval, recommission of elements/matter for any and all purposes necessary to healthful living; 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; Residual Waste - also known as non-recyclable material refers to any waste material from the water stream and maybe contaminated but not hazardous that cannot be converted into suitable beneficial use or for their purposes. 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; Secondary packaging container - refers to those types of packaging materials used to support to any primary packaging for the purpose of making the customer comfortable in carrying the package; 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 - refers 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 wastes 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/Non-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 Wet goods - refer to fresh agricultural products and those products that require refrigeration or freezing to maintain its fresh quality including cooked foods in food stores and restaurants; Wet market - refers to the store selling/buying of wet goods. These include the wet section of public markets, talipapa, supermarkets, mini-mart, restaurants and carenderias/eateries; and 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.); Woven Bags - refer to biodegradable packaging materials made out of woven locally available plant leaves such as pandan and buri which is also known as bayong. 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 2) The Chair, SP Committee on Health & Social Services 3) The President, City Liga ng mga Barangay 4) The President, City SK Federation 5) The City Health Officer 6) The CENRO Pagadian, DENR 7) The Provincial Director, DTI-Zamboanga del Sur 8) The City Agriculturist 9) The City Planning & Development Coordinator 10) The City Local Government Operations Officer, DILG 11) The City Budget 12) Religious Sector representative 13) Tri-Media representative (one representative for each group) 14) The General Manager, Pagadian City Water District 15) Buy-Back Center / Junkshop representative 16) Business Group representative 17) The City Schools Division Superintendent, Department of Education 18) Recycling Industry representative 19) A representative of each concerned government agency processing relevant technical and marketing expertise as may be determined by the Board. 20) NGO Representatives 21) City Tourism Council 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. - The Barangay ESWM Committees shall be created and composed of the following: Chairman : Punong Barangay Members : All Barangay Kagawad The Sangguniang Kabataan 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 The Chief, Barangay Tanod 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 - THE CITY SOLID WASTE MANAGEMENT PLAN Section 8. Implementation. - The City Solid Waste Management Plan shall be implemented in accordance with the implementation strategies and schedule contained of the NSWMC approved Ten (10) Year Solid Waste Management Plan of the City subject for its updating as it is deemed necessary. The implementing guidelines and mechanisms shall be formulated by the City Ecological Waste Management Board (CESWMB) through its TWG. ARTICLE IV - REGULATING THE USE OF PLASTIC STRAWS AND PLASTIC BAGS Section 9. Prohibition on the use of plastic bags on dry goods. - No business establishment shall use plastic bags as packaging material on dry goods. Section 10. Regulating the use of plastic bags on wet goods. - Business establishments selling wet goods shall use plastic bags only as primary packaging material. Section 11. Plastic bags classified as primary packaging material. - Plastic bags with no handles, holes or strings commonly used for wrapping unpacked fresh foods and cooked foods at supermarkets, wet & dry markets, restaurants, canteen and the like shall not be included for such usage is justified on the grounds of public hygiene. Section 12. Transition period. - Plastic bags as secondary packaging container or carryout bags maybe purchased by the costumer for a minimum fee at the respective checkout counters of the stores for a period of six (6) months after this ordinance made effective to give ample time for the stores to disseminate the information. Section 13. Use of Indigenous, Recyclable and Reusable "checkout bags or carryout bags." - All stores, as well as, ambulant vendors in Pagadian City shall provide carryout bags to consumer for a minimum fee only the following as checkout bags or containers, to wit: Recycled or recyclable paper bags; Reusable bags, such as cloth bags; Bags made of indigenous materials, such as buri, abaca, anahaw, bamboo and pineapple; Used corrugated boxes or cartons; or Plain or recycled newspaper for wrapping. Shoppers or customers in all stores in Pagadian City are encouraged to provide for themselves reusable and recyclable shopping bags such as those enumerated herein when shopping or buying from stores. Section 14. Regulating on the use of plastic straws on soft drinks. - Business establishments are prohibited to give plastic straws to their clients on take out basis while the use of paper straw is encouraged. Section 15. Use of recycled plastic bags. - Consumers bringing recycled plastic bags from their households may use the same as secondary packaging materials. ARTICLE V - BAN ON THE SALE AND USE OF PLASTIC BAGS AND POLYSTYRENE FOAM AS FOOD CONTAINERS. Section 16. - Sale and use of plastic bags not classified in Section 11 and Polystyrene Foam also known as "Styrofoam" as food container shall be banned in the City of Pagadian, six (6) months after the approval of this Ordinance. ARTICLE VI - PROPER DISPOSAL OF CARCASS AND EXCRETA OF ANIMALS Section 17. Disposal of Carcass of Animals. - Carcasses of domestic animals should be disposed by burying them at least two (2) feet under the ground. The disposal of carcasses of farm animals shall be subject to the guidelines set by the City Health Office. No carcass of animals shall be thrown in the garbage bins. In case where the owner of the dead animal cannot be identified, it shall be the responsibility of the Barangay to dispose the same. Section 18. Disposal of Excreta of Domestic Animals. - Excreta of domestic animals should be disposed by burying. No animal excreta shall be thrown in the garbage bins. The disposal of excreta of farm animals and other animals shall be subject to the guidelines by the City Health Office. ARTICLE VII - SEGREGATION OF SOLID WASTE Section 19. Mandatory Segregation of Solid Waste. - The segregation of waste at source by generators such as institutional, industrial, commercial and agri-industrial establishment and households, shall be mandatory. Section 20. Types of Solid Waste. - Solid waste shall be segregated into the following categories: Biodegradable Recyclable Residual Special Waste Section 21. Requirements for Segregation and Storage of Solid Waste at Source. - The sources of solid waste as listed above shall have separate containers for each type of solid waste. The solid waste container, depending on its use, shall be properly marked or identified as "biodegradable", "recyclable", "residual" or "special waste". The containers shall be properly covered, secured or protected to prevent spillage or scattering of the waste and to ensure its containment. For bulky waste, it will suffice that the same be placed in a separate container or accessible area for collection. Tree trimmings should be tied or bundled in a secure and tight manner and the leaves and small pieces of debris should be placed in sacks for collection. Section 22. Waste Receptacles in Vehicles. - Public utility vehicles for land or water transportation are required to put up or install waste receptacles inside their vehicles. Private vehicles are encouraged to do the same. ARTICLE VIII - COLLECTION AND TRANSPORT Section 23. Collection Points. - Collection of solid waste shall be through collection points. The Barangay in coordination with the City ENRO, through a Barangay Ordinance, shall identify and designate collection points for solid waste in the Barangay. Section 24. Mandatory Segregated Collection and Transport. - Segregated collection and transport of solid waste shall be mandatory. There shall be different collection schedules for the different types of waste. The collection of different types of waste on the same schedule may be allowed, provided that, separate collection vehicle or vehicles with compartments are used. Section 25. Responsibilities in the collection of Solid Waste. - The City ENRO and the Barangay shall have their corresponding responsibilities in the collection and transport of solid waste, as follows: The Barangay shall ensure that residual and special wastes from all sources are properly brought to the designated collection points. The City ENRO may prescribe the schedule and mode of collection from certain areas or sources in the Barangay; The City ENRO shall be responsible for the collection of residual and special wastes from the designated collection points and transport the same to the disposal facility; Biodegradable waste from Bagsakan, C3, Fishport and IBT shall be collected by the City ENRO and transport the same to the City Composting Facility. Section 26. Schedule of Collection by the City ENRO. - The City ENRO shall prepare the schedule for the segregated collection and transport of residual and special solid waste from the different collection points. The collection schedule shall be thoroughly disseminated by the City ENRO to the Barangays and to concerned establishments. Section 27. Care, Maintenance and Protection of Collection Points. - The Barangay shall be responsible for the maintenance, cleanliness and protection of the collection points and the surrounding area in their respective Barangays. Section 28. Transport of Large Quantities of Residual and Special Wastes. - The City ENRO shall not collect large quantities of residual and special wastes with a volume of three (3) cubic meters or more from any source except public markets and other LGU managed facilities. The sources of such waste shall be responsible for the transport of the same to the City Ecological SWM Park of the City. Section 29. Cover for Dump trucks and other Open Waste Collection Vehicles. - Government and private solid waste collectors shall completely cover dump trucks or any other open vehicles with nets, sacks or tarpaulin to prevent wastes from being blown or strewn and to minimize odor during transport. ARTICLE IX - MATERIALS RECOVERY AND PROCESSING Section 30. Roles and Responsibilities of Barangays. - Consistent with the provisions of RA 9003, Barangays shall assume primary responsibility in the collection and management of biodegradable and recyclable waste within their respective barangays. Section 31. Composting by Barangays. - Barangays shall undertake composting of biodegradable waste in the Barangay. Barangay without adequate space for composting may enter into arrangement with other Barangays or private entities for the composting of their biodegradable waste. Such arrangement may include the payment of fees for the services provided. Section 32. Composting by Households. - As part of the implementation of the City Solid Waste Management Plan, households shall be encouraged to undertake backyard composting. Section 33. Composting by Establishments. - The following establishments shall undertake composting of biodegradable waste generated at source. Agro - Industrial establishments; Farms and plantations; Schools; Hospitals; Dressing Plants; Private Markets; Hotels, Motels, Inns, Lodging houses, apartelles, Resorts & Spas; Convenience Stores; Malls and Arcades; Food Establishments; Airport, Seaports, Wharfs; Funeral Homes; and Cemeteries. Establishments without adequate space for composting may enter into arrangement with the barangay or private entities for the composting of their biodegradable waste, such arrangement may include the payment of fees for the services provided. Section 34. Technical Assistance on Composting. - The City ENRO in partnership with the City Agriculture shall provide technical assistance on composting to barangays, households and establishments. Section 35. Materials Recovery Facility (MRF) and Buy-Back Center. - Individual Barangay or Cluster of Barangays shall establish a Material Recovery Facility (MRF). The City shall assist the Barangay in recycling or processing of biodegradable and recyclable wastes into fuel, construction materials or into other uses. They shall follow guidelines prescribed under the Implementing Rules and Regulations of this Ordinance as well as guidelines in good housekeeping, sanitation and zoning as prescribed by the City and other concerned agencies. ARTICLE X - DISPOSAL Section 38. Disposal. - All residual and special wastes shall be disposed in the Ecological SWM Park or Sanitary Landfill of the City. Section 39. Disposal by Private Entities. - Private solid waste haulers providing services for establishments in the City may be allowed to dispose the collected residual and special wastes in the Eco- Park or Sanitary Landfill of the City. Section 40. Temporary Residual and Special Wastes Containment Areas. - In coordination with the City ENRO, temporary residual and special wastes containment area shall be established in Barangays that are not reached by the regular collection service of the City. The City can collect the residual wastes when it reaches a certain volume as agreed by the City ENRO and the concerned Barangay. ARTICLE XI - EDUCATION PUBLIC INFORMATION AND RESEARCH AND DEVELOPMENT Section 41. IEC Campaign. - The City ENRO shall develop and implement a running three (3) year Information, Education, and Communication Campaign in accordance with the City Solid Waste Management Plan. Section 44. Research and Development. - The City Environment and Natural Resources Office (CENRO) in coordination with the Department of Environment and Natural Resources (DENR), Academe, Professional Organizations, and other entities shall be responsible for the conduct of research and development of appropriate science and technology for solid waste management systems and alternative technologies in the furtherance of the policies of this Ordinance. Section 49. Share in the Fines. - All fines collected for the violations committed against this ordinance shall be shared as follows: Sixty (60%) Percent shall be retained by the City Government and which amount shall be expended exclusively for such activities relating to solid waste management education, enforcement, engineering, entrepreneurship and other related projects for the furtherance of the local ecological solid waste management program. Forty (40%) Percent shall accrue as incentives to the ecological solid waste management enforcement employees which shall be released per barangay based on the actual fines collected for every given period subject to the following guidelines and conditions, viz: Personnel qualification: The incentive referred to herein may be availed exclusively by the following: City Government employees actually performing responsibilities in solid waste management enforcement who are officially appointed or specifically assigned by the City Mayor; and Barangay Workers who are formally designated in such capacity by the Punong Barangay and deputized by the City Mayor, after having undergone appropriate training. It shall be the obligation of the Punong Barangay to forward a copy of the document attesting to such designation to the Environment and Natural Resources Office, Office of the City Mayor, for purposes of documentation and reference to support any and all claims of the incentive as contemplated in this Section. Conditions to be met to authorize its release and collection: To qualify, a barangay must be certified to have attained a mandatory segregation at source in the four categories (biodegradable, recyclable, residual and special waste) of at least Eighty (80%) Percent or has obtained a rating of "Very Satisfactory" for the subject period. This fact shall be certified by the City Environment and Natural Resources Division, Office of the City Mayor, after its verification, based on the reports regularly submitted by the Barangay Ecological Solid Waste Management Committee to the City Ecological Solid Waste Management Board. Payment and distribution: The Forty (40%) Percent share shall be released semi-annually or quarterly to each and every qualified barangay with reference to the total accumulated fines actually collected in their respective jurisdictions for the period in accordance with the following sharing arrangement, to wit: Fifty (50%) Percent shall accrue as share for the City Ecological Solid Waste Management Enforcement Team; and Fifty (50%) Percent shall accrue as share for the Barangay Ecological Solid Waste Management Team. When, in the implementation of this ordinance, only one enforcement team undertakes the monitoring/enforcement work as may be evidenced by the Citation Tickets which are issued that do not bear the countersignature of any one team, only Twenty-Five (25%) Percent shall accrue to the non-participating team for such case. ARTICLE XIV - MAINTENANCE OF CLEANLINESS IN PRIVATE LOTS Section 50. Maintenance of cleanliness in private lots. - All owners or occupants of private lots are required to keep the premises of their lots clean and are directed to keep the adjoining sidewalks, gutters and canal, clean and free from tall grasses, piles of debris or other waste materials at all times. ARTICLE XV - COMPOST AND COMPOST PRODUCTS Section 51. - The City Agriculture Office shall be responsible in the processing of biodegradable waste into compost or organic fertilizer and marketing of the same in close coordination with the City Economic Enterprise Department. The same office shall be responsible to establish market network of compost products from barangays as support of the city. Section 52. - Biodegradable wastes brought at the City Eco-Park and being processed into compost and enhanced to produce organic fertilizer are for sale in the amount of Two Hundred pesos (P200.00) per Twenty Five (25) kilos. Increase of the price on the sale of the aforesaid products shall be unanimously agreed by the City Eco-Park in-charge, City ENRO, City Agriculture Office and CEED. Section 53. - The City Agriculture Office shall maintain an updated record of the compost products inventory copy furnished the City Treasurer's Office. The City ENRO shall be required to submit quarterly Audit Report on the Sales & Inventory Status of Compost production to the City Mayor. The City Eco-Park In-charge shall only release sold compost upon presentation of Official Receipt issued by the City Treasurer's Office. Unauthorized utilization of compost products without a written permission of the City Mayor shall be strictly prohibited. Section 54. - The proceeds of the compost products shall be deposited to the account specified by the City Treasurer's Office to defray expenses related to Solid Waste Management activities. ARTICLE XVI - PROHIBITED ACTS, AND OMISSIONS AND OTHER PENALTIES Section 55. Prohibited Acts, and Omissions. - The following acts and omissions are prohibited and shall be penalized: Littering, scattering, throwing and dumping of waste matter in public places, such as roads, sidewalks, canals, esteros, gutters, manholes, parks, public playgrounds, public school campuses, public buildings, establishments, riverbanks, coastlines, rivers, creeks, and seas, or causing or permitting the same; a. small items/pieces such as cigarette butts, wrapper of candy/junk foods, etc; b. small to medium size plastic bags loaded with solid wastes c. large size plastic ,black bags, cartoons, or sacks loaded with solid wastes Littering from vehicles; a. small items/pieces such as cigarette butts, wrapper of candy/junk foods, etc b. small to medium size plastic bags loaded with solid wastes c. large size plastic , black bags, cartoons or sacks loaded with solid wastes Leaving or abandoning construction materials or debris on the public road; Dumping of human excreta in garbage bins or collection points; Dumping of excreta or carcass of animals in garbage bins or collection points. The open burning of solid waste; Non-segregation of solid waste; small to medium size plastic bags loaded with solid wastes large size plastic , black bags, cartoons or sacks loaded with solid waste Causing or permitting the collection of non-segregated or unsorted waste Mixing, causing, or permitting the mixing of toxic and hazardous waste (THW) from health care facilities, industries and other THW generators collected by the City; Dumping of waste in areas other than the disposal facility of the City; small to medium size plastic bags loaded with solid wastes large size plastic , black bags, cartoons or sacks loaded with solid wastes bulk volume of solid waste Open dumping burying of biodegradable or non-biodegradable materials in flood prone areas; Refusing entry of the City ENRO or its duly authorized representative while in the exercise of its visitorial powers provided in this Ordinance; and Violation of any other provision of this Ordinance. Section 56. Penalties. - Any person who violates Section 55, paragraphs (1)a and (2)a shall pay a light offense fine of Three Hundred (P300.00) Pesos or render Three (3) Hours community service as a compromise arrangement (admission of guilt); Any person who violates Section 55, paragraphs (1)b, (2)b, (3), (4), (5), (6), (7)a, (10)a and (12) shall pay a less grave fine of not less than Two Thousand (P2,000.00) Pesos but not more than Five Thousand (P5,000.00) Pesos or render community service for not less than one (1) day to not more than five (5) days as a compromise arrangement (admission of guilt); and Any person who violates Section 55, paragraphs (1)c, (2)c, (7)b, (8), (9) and (10)b, (10)c, (11), (13), (14) and (15) shall upon conviction, be punished with a grave offense fine of not less than Three Thousand (P3,000.00) Pesos but not more than Five Thousand (P5,000.00) Pesos or imprisonment of not less than fifteen (15) days but not more than (1) year, or both at the discretion of the court. If the offense is committed by a corporation, partnership, or other juridical entity duly recognized in accordance with the law, the chief executive, officer-in-charge, president, general manager, managing partner or such other officer-in-charge shall be liable for the commission of the offense penalized under this Ordinance. In addition to the penalty provided above, franchise or business permits of establishments or motor vehicles that commit the offenses the third time shall be suspended for three months. Violation beyond third offense shall result to the cancellation of permit by the City Mayor. Section 57. Community Service Implementor. - The Barangay where the offender resides or situated, as the case may be, shall be the implementing body of the provision on community service. It shall be the same body, which shall decide what kind of community service shall be rendered by the violator. ARTICLE XVII - ENFORCEMENT MECHANISMS Section 58. Visitorial Powers. - The City ENRO or its duly authorized representatives shall have access to and the right to copy there from, the records required to be maintained pursuant to the provisions of this Ordinance. The City ENRO or duly authorized representative shall likewise have the right to enter the premises of any generator, recycler or manufacturer, or other facilities at any reasonable time to question any violation, or which may aid in the effective enforcement of this Ordinance and its implementing rules and regulations. This section shall not apply to private dwelling places unless there is a court order. Section 59. Citation Tickets. - A citation ticket shall be issued to violators of the provisions of this Ordinance. The citation ticket shall state, among others, the name and address of the violator, the specific violation committed, and the corresponding fine or penalty. Section 60. Enforcement Unit. - An Enforcement Unit shall be created under the City ENRO that shall be primarily responsible for the enforcement of the provisions of this Ordinance. The member of the Enforcement Unit shall be categorized as regular enforcer, which membership shall come from City Government Offices such as: City ENRO, City Traffic Management, City Public Market, City Bagsakan Center, City IBT, City PSD, & City Security Division, after undergoing the necessary training and deputation shall have the power to apprehend violators of this ordinance and issue citation tickets. The City ENRO shall act as over-all coordinating office to ensure effective and efficient enforcement of this ordinance. Section 61. Enforcement Support. - The City Legal Office and City Police Office shall provide legal & police assistance in case there are instances that necessitate for their support, particularly in the issuance of demand letter, facilitate legal conference and filing of case in appropriate court, if necessary. Section 62. Other Deputized Enforcers. - The deputation of selected members of the community as auxiliary enforcers shall be allowed to encourage community participation in the enforcement of this ordinance within their AOR. These deputized enforcers may include, but shall not be limited to selected members of the Barangay ESWM Committee, Barangay Officials, Barangay Tanods, member of the academe and representatives of civic organizations, Non-Government Organizations (NGOs), People Organizations (POs), and similar associations. These enforcers shall be responsible in the monitoring of compliance of this ordinance and reporting of violations to the Enforcement Unit of the City ENRO, in case violation is committed outside their AOR. Section 63. Training and Deputation. - All enforcers shall be required to undergo training on enforcement before they are deputized and allowed to enforce this ordinance. Only those applicants who complete and pass the training shall be deputized as enforcers by the City Mayor. Section 64. Qualification requirements. - The City ENRO shall ensure that the qualification and other requirements for enforcers are complied, to wit: At least High School Graduate Can speak and understand English Pass the written and oral interview Character Reference Clearance from PNP Resident of the city of at least six months Drug Test The City ENRO shall likewise organize the trainings for enforcers. Section 65. Enforcement Strategies and Guidelines. - Mandatory segregation at source Every households, commercial establishments and institutions including government and private offices shall provide at least four (4) receptacles or bins with cover as specified in Section 10 of this ordinance; Garbage crews shall conduct ocular inspection on the secured/packed solid waste placed at designated collection point areas or MRF prior to collection; Enforcers are directed to conduct regular inspection to all sources of solid waste in their AOR to enforce this ordinance. Collection and Management All non-toxic/non-hazardous/non-infectious biodegradable and non-biodegradable (recyclable) waste shall be collected and managed at the barangay level; Biodegradable shall be processed either at the barangay or city composting areas; BLGUs (for households), medium and big institutions and business establishments shall maintain a MRF for the final sorting and storage of solid waste for collection and final disposal; The city shall arrange with the respective barangays for the separate collection of residual, special, & bulky or white goods; No solid waste will be brought-out from source before the collection schedule; Treatment and management of infectious, toxic, and hazardous waste shall be done by operators of hospitals, clinics, funeral parlors, machine shops, automobile repair stations, gasoline stations, photo shops and etc.; Apprehension and imposition of fines and penalties System of apprehension Issuance of citation ticket for 1st Offense-warning and for the 2nd and succeeding offenses, a penalty with a corresponding fine; The enforcer will strictly observe and follow the proper ethical standard in the pursuance of his duty as apprehending officer; The enforcer will advise the violator to comply the sanctions within the prescribed period provided in the citation ticket; System of payment, collection and/or remittances of fines Upon issuance of citation ticket the violator will have (5) working days to settle the fine as compromise arrangement (admission of guilt) to the City Treasurer's Office; If violator does not pay the fine within the prescribed period, the City Legal Officer will send a Demand Letter, failure of the violator to appear thereat, a case will be filed in court for violation of this ordinance; The citation ticket has three copies: one for the violator, then for the City ENRO and for the City Treasurer's Office; The City ENRO and CTO shall closely coordinate to ensure proper recording of payments of SWM violations; Solid Waste Management fines and penalties collected shall be deposited to the General Fund. Section 66. Reporting System. - Regular enforcers are required to regularly update the City ENRO on apprehension whether fines have been paid or penalties have been served within the prescribed period; Hotline will be established to give access to the public for the reporting of violations. Section 67. Monitoring and Evaluation. - The enforcement activities will undergo periodic monitoring and evaluation. There will be regular "feed backing" sessions among enforcers and consultation with various sectors in order to assess and identify areas for improvement. ARTICLE XVII - FINAL PROVISIONS Section 68. Appropriation. - The City Government of Pagadian shall appropriate One Million (P1,000,000.00) Pesos upon effectivity of this Ordinance for its implementation and enforcement. For the succeeding years, the City shall provide sufficient funds for the continuance of this Ordinance through an appropriation either in the City's annual budget or in any of its supplemental budgets, as the case may be. Section 69. Support Fund. - The Barangays within the jurisdiction of the City shall appropriate sufficient funds to finance the implementation of Solid Waste Management at the barangay level. Section 70. Authority to Seek External Support. - The Office of the City Mayor may seek logistical support from any sources to augment the technical, financial, material and other requirements in the implementation of this Ordinance. Section 71. Implementing Rules and Regulations. - The City Mayor is hereby authorized to promulgate the implementing rules and regulations of this Ordinance, as may be needed. A joint executive-legislative committee shall be created immediately to promulgate the Implementing Rules and Regulations upon approval of this Ordinance. Section 72. Separability Clause. - If any provision of this Ordinance or the application of such provision to any person or circumstances is declared invalid, the remainder of the Ordinance or the application of such provision to other persons or circumstances shall not be affected by such declaration; Section 73. Repealing Clause. - All Ordinances, executive orders, rules and regulations or parts thereof which are inconsistent with this Ordinance are hereby repealed or modified accordingly. Section 74. Effectivity. - This Ordinance shall take effect after fifteen (15) days following its publication in a newspaper of general circulation in Pagadian City. ENACTED AND APPROVED by the 12th City Council of Pagadian City during its 15th Regular Session held on 02 November 2016 at the Sangguniang Panlungsod Session Hall, Pagadian City.