ORDINANCE NO: 2023-530 Authored by: Honorable Priscilla M. Fernandez "AN ORDINANCE ESTABLISHING SEPTAGE MANAGEMENT SYSTEM FOR THE CITY OF PAGADIAN, PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES" WHEREAS, Section 16 of the Local Government Code of 1991 provides that every local government unit shall exercise the powers necessary, appropriate, or incidental for its efficient and effective governance and those which are essential to the promotion of the general welfare; WHEREAS, R.A 9275 otherwise known as "Philippine Clean Water Act of 2004" mandates the preservation, protection and revival of the quality of our fresh, brackish, and marine waters, and pursuant to Section 7 thereof, the Local Government Unit (LGU) in collaboration with other concerned agencies, shall, as soon as possible, prepare and formulate sewerage and septage management system;" WHEREAS, anchored on the fact that the preservation and maintenance of public health are the primordial concern of every local government units, the City Government of Pagadian shall establish a Septage Management System that provides policies for proper treatment and disposal of septage as well as prescribe a uniform requirement for individual disposal of excreta, hygienic septic tank, and/or wastewater treatment facility in all residential, commercial, industrial, government operated facilities, institutional establishments, buildings, or structures, and other related operations within the territorial jurisdiction of the City and to provide penalties for its violations; NOW, THEREFORE. Be it ordained by the Sangguniang Panlungsod (14th City Council) of Pagadian City in session assembled that: SECTION 1. TITLE. This Ordinance shall be entitled "Septage Management System of 2023" SECTION 2. DECLARATION OF POLICY. It shall be the policy of the Local Government of Pagadian to safeguard the public health against all kinds of diseases brought by undue human practices of disposing of human wastes and wastewaters to the environment; SECTION 3. SCOPE AND APPLICATION. The following buildings/structures/establishments within the territorial jurisdiction of the City of Pagadian are covered hereunto, thus: 3.1 All residential structures including, but not limited, to apartments, boarding houses, dormitories, condominiums, houses and/or lands on which another's dwelling is located and used for residential purposes, for rental or business purposes such as motels, lodging houses, hotels and other related operations; 3.2 Commercial establishments including, but not limited, to malls, commercial centers, convenience stores, groceries, hospitals, funeral parlors, restaurants, resorts, recreational facilities, gas stations, laundry shops, water stations, bakeshop, auto-repair shops, and other related operations; 3.3 Industrial establishments including, but not limited, to manufacturing plants, factories, poultry and livestock operations, and other related operations; 3.4 Government structures including, but not limited, to marketplace, barangay halls, parks and playgrounds, governmental offices, and other related operations; 3.5 Institutional establishments including, but not limited, to schools, colleges, churches, training centers, and other similar operations; 3.6 And all other establishments, structures, operating within the territorial jurisdiction of Pagadian City. SECTION 4. DEFINITION OF TERMS. The following term shall mean: 4.1 CHO refers to the City Health Office. 4.2 OBO refers to the Office of the Building Official. 4.3. ENRO refers to Environment and Natural Resources Office. 4.4 DILG refers to the Department of Interior & Local Government. 4.5 BPLO refers to the Business & Permits and Licensing Office. 4.6 PCWD refers to the Pagadian City Water District. 4.7 Septage Plan - refers to the entire process or procedure in depositing human wastes into the designed septic tank and collected by desludgers truck going to a Septage Treatment Facility; 4.8 Wastewater Treatment - refers to the process of treatment of sewage/ wastes from its original domestic form and remove materials that damage water quality when discharged into the environment/bodies of water; 4.9 Septic Tank - refers to a water-light receptacle that receives the discharge of a sanitary plumbing system, or part thereof, and is designed and constructed to accomplish the sedimentation and digestion of the organic matter in the sewage within the period of detention or retention, to allow the liquid to discharge to a leaching field, sewer lines, a combined sewerage network or directly to a secondary wastewater treatment facility, in accordance with the standards prescribed by the Revised National Plumbing Code of the Philippines; 4.10 Sewage - refers to any wastewater containing human, animal or vegetable waste matter in suspension or solution, including human excreta and urine and may possibly contain liquid chemicals in solution; 4.11 Hygienic Septic Tank - refers to a water-tight septic tank with no opening/s at the bottom slab so as not to allow the leaching of liquid or solid wastes to the surrounding soil or ground water; 4.12 Human Excreta - refers to human wastes composed of urine or feces; 4.13 Effluent - refers to any form of wastewaters, partially or completely treated or in its natural state, flowing out of drainage canal, septic tank, and the like; 4.14 Desludging - refers to the process of removing the accumulated sludge or septage from the septic tank. SECTION 5. SEPTAGE MANAGEMENT POLICIES. Refers to the comprehensive programs for managing septic tanks and the procedures for the desludging, transporting, treating and disposing of: 5.1 All buildings, structures and establishments whether for residential, commercial, industrial, government facilities, institutional or other similar operation shall be required to have a proper disposal of excreta and hygienic septic tank approved by the Office of the Building Official (OBO), City Health Office (CHO) and City Environmental and Natural Resources Office (ENRO); 5.2 All commercial, institutional and industrial establishments, including, those businesses that offer "waste desludging activities and/or private service provider" shall be required to obtain Septage Management Plan approved by OBO, CEO, CHO, and ENRO. Such plan contains procedure of collecting and discharging of treated excreta and wastewater to the environment; 5.3 Private service provider shall provide their "own disposal field" and/or disposal of septage after proper treatment; 5.4 All commercial, government facilities, institutional and industrial establishments, including business that offer "Desludging Activities" shall provide their own "waste water disposal field" and/or designated area for the disposal of septage after proper treatment; 5.5 All residential houses along coastal areas of Pagadian City shall provide a hygienic septic tank for the disposal of excreta and wastewater; 5.6 Constructions of new Buildings or Structures whether for residential, commercial, industrial, institutional and other similar operations shall comply the following: 5.6.1 No building permit shall be issued for residential, commercial, industrial, government facilities, institutional and other similar operation, unless shown in the application, the prescribed hygienic disposal excreta and hygienic septic tank or septage management plan, or wastewater treatment facility, as the case may be, and conforms to the existing Laws under National Building Code of the Philippines and environmental Laws and policies; 5.6.2 No business permit shall be issued without securing the necessary clearances from the OBO, BPLO, ENRO and CHO. SECTION 6. DESIGN OF SEPTIC TANKS. 6.1 All septic tanks shall be designed to exclude storm water or flow from downspouts and such other requirements and specifications as provided by the National Standards. 6.2 The Building Official, pursuant to Republic Act No. 6541 otherwise known as the National Building Code of the Philippines, is mandated to ensure that appropriate standards and designs of septic tanks shall be enforced in the plan approvals and inspection procedures. SECTION 7. REGULATION ON DESLUDGING. Only accredited private entities with complete permits issued by EMB DENR 9, DOH 9, and the Local Government of Pagadian shall be allowed to execute septage collection, handling, and transportation to their designated land disposal. SECTION 8. RIGHT OF ENTRANCE AND INSPECTION. 8.1 The OBO and ENRO or duly authorized representative shall conduct ocular inspection and verification of structures, buildings, and establishments; 8.2 In case of complaints, no person after having been duly notified by the concerned office shall interfere and/or obstruct the entrance to any premises of the establishments for inspections. SECTION 9. INSPECTORATE TEAM. The OBO through its technical personnel, CHO represented by Sanitary Inspectors and the ENRO through its authorized representatives are empowered to conduct inspections in all structures, buildings, and establishments, and to execute the following acts: 9.1 To check the design and construction of excreta disposal, hygienic septic tank, and waste treatment facility, as the case may be, in accordance to the specific requirement prescribed by this ordinance; 9.2 To conduct inspection and monitoring in all establishments, structures, and buildings for the enforcement of this ordinance; 9.3 To conduct inspection to ensure "proper collection, transportation treatment and disposal of septage" under rules and regulations prescribed by the local government for private desludging service providers operating the city; 9.4 To inform, educate, and communicate the public to be aware of the rules and regulations. SECTION 10. MANDATORY DESLUDING OF SEPTIC TANKS. 10.1 All owners and users of septic tanks shall be required to desludge once every five (5) years. Cost of service charge shall be borne by the owner. Desludging activities by accredited private desludgers must obtain consent of the concerned government agency. 10.2 Cost of charge of the services rendered by a private service desludger shall be borne by the owner and or user of residential, institutional, commercial and industrial establishments subject to applicable fees as may be determined, taking into consideration the actual cost, distance, difficulty and volume of septage as well as the prevailing industry rates. SECTION 11. PROHIBITED ACTS. 11.1 Refusal to desludge as required by this Ordinance; 11.2 Refusal to allow duly authorized representatives to inspect premises of new and/or existing residential, commercial, industrial, government and institutional facilities and other similar operation, in case of complaints; 11.3 Littering, throwing, or dumping of waste matters, septage and other untreated wastewaters in the public places, bodies of water, and land pit; 11.4 Desludging and transporting of septage without permit set forth; 11.5 Disposal of septage to undesignated area; 11.6 Hiring or availing the services of illegal/non-accredited desludgers or transporter in the city, to desludge septic tanks; 11.7 Dumping of septage and untreated wastewater to drainages, canals, rivers, and other natural and artificial waterways and other open areas; 11.8 Hiring/availing the services of illegal/non-accredited desludgers, transporter of any person or establishment to desludge septic tanks or dispose of their wastewater. SECTION 12. PENALTIES. Any owner or user of residential, commercial, industrial, government, and institutional structures that fail to comply with the provisions under Section 11 of this Ordinance shall incur the following penalties for every violation thereof: 12.1 For Residential & Institutional Establishment 1st Offense - P1,500.00 2nd Offense - P 2,000.00 3rd Offense - P 2,500.00 12.2 For Commercial Establishments. 1st Offense - P2,000.00 2nd Offense - P2,500.00 3rd Offense - P3,000.00 and revocation of business permit. 12.3 For Industrial Establishments. 1st Offense - P2,500.00 2nd Offense - P3,000.00 3rd Offense - P3,500.00 and revocation of business permit. SECTION 13. CREATION OF SEPTAGE MANAGEMENT COUNCIL. 13.1 Composition. Chairman - City Mayor or his duly authorized representative Secretariat - Office of the City Environment & Natural Resources Members - SP Chairman, Committee on Ecology SP Chairman, Committee on Health & Social Services City Health Officer City Planning and Development Coordinator City Engineer City Treasurer City Licensing Officer Office of Public Officials Pagadian City Water District Environment Management Bureau (EMB-DENR) Representative Pollution Control Association of the Philippines, Inc. Representative from the Liga ng Mga Barangay 13.2 Functions of the Council. 13.2.1 The City Septage Management Council shall oversee the conduct of a survey of all properties and premises in coordination with barangay officials to determine if septic tank is present, and if it is accessible for desludging; SECTION 14. RESPONSIBILITY OF OFFICE OF THE BUILDING OFFICIAL. For the effective implementation of this Ordinance, the OBO shall have the following responsibilities in implementing this Ordinance: 14.1 Overall in-charge of the Inspectorate Team under Section 9; 14.2 Maintain a Database. Coordinate with City Health Officer and the PCWD in the formation and maintenance of all database of the list of all homeowners with hygienic septic tanks and with the City BPLO for the database of all business establishments; 14.3 Coordinate with the City Health Officer and the PCWD for the implementation of an accreditation system (in consonance with the rules and regulations set forth by the DENR-EMB and DOH) and follow existing operational guidelines for the (handling, transportation, treatment and disposal of septage) for private desludging Service Providers who intend to operate in Pagadian City. SECTION 15. REPEALING CLAUSE. All existing City Ordinances which are inconsistent with the provisions herewith are repealed and/or modified accordingly. SECTION 16. SEPARABILITY CLAUSE. Any provision that may be declared by any competent court to be invalid shall not affect the rest of the provisions not so declared illegal. SECTION 17. EFFECTIVITY CLAUSE. This Ordinance shall take effect fifteen (15) days after publication in a local newspaper of general circulation and posting in two (2) conspicuous places in the city. ENACTED AND APPROVED by the Sangguniang Panlungsod (14th City Council) during its 26th Regular Session on 01 March 2023 at the SP Session Hall, 4th Floor City Commercial Center (C3), Santiago District, Pagadian City.