solid waste code 2009-dec 2009

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Republika ng Pilipinas LUNSOD NG ILIGAN Tanggapan ng Sangguniang Panlungsod REGULAR SESSION HELD ON JANUARY 20, 2009 PRESENT: Hon. Henry C. Dy, City Vice Mayor Presiding Officer Hon. Moises G. Dalisay, Jr., Member, Presiding Hon. Providencio P. Abragan, Sr., Member Hon. Chonilo O. Ruiz, Member Hon. Orlando M. Maglinao, Member Hon. Ariel P. Anghay, Member Hon. Alfredo R. Busico, * Member Hon. Jose L. Zalsos, Member Hon. Voltaire I. Rovira, Member Hon. Bayani C. Areola, Member Hon. Simplicio N. Larrazabal III, Member Hon. Bernard Y. Pacaña, Member Hon. Erika Rae M. Cruz, * Member ABSENT: (NONE) * Still Not Around RESOLUTION NO. 09-373 WHEREAS, the City of Iligan is committed to the protection, conservation and rehabilitation of the ecosystem; WHEREAS, the unsystematic waste disposal by households, institutions, industries and commercial establishments causes unsightly surroundings, polluted environment and spread of various dangerous and communicable diseases; WHEREAS, Republic Act 9003, the “Ecological Solid Waste Management Act of 2000 ”, provides for an ecological solid waste management program, creates the necessary institutional mechanisms, declares certain acts prohibited and provides for penalties and appropriates funds therefore; WHEREAS, Section 10 of the above-cited Republic Act provides that, Pursuant to the relevant provisions of R.A. 7160, otherwise known as the Local Government Code, the LGUs shall primarily be responsible for the implementation and enforcement of the provisions of this Act within their respective jurisdiction;”

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Page 1: Solid Waste Code 2009-Dec 2009

Republika ng Pilipinas

LUNSOD NG ILIGAN Tanggapan ng Sangguniang Panlungsod

REGULAR SESSION HELD ON JANUARY 20, 2009

PRESENT:Hon. Henry C. Dy, City Vice Mayor

Presiding OfficerHon. Moises G. Dalisay, Jr., Member, Presiding Hon. Providencio P. Abragan, Sr., MemberHon. Chonilo O. Ruiz, MemberHon. Orlando M. Maglinao, MemberHon. Ariel P. Anghay, MemberHon. Alfredo R. Busico, * MemberHon. Jose L. Zalsos, MemberHon. Voltaire I. Rovira, MemberHon. Bayani C. Areola, Member Hon. Simplicio N. Larrazabal III, MemberHon. Bernard Y. Pacaña, Member Hon. Erika Rae M. Cruz, * Member

ABSENT:(NONE)* Still Not Around

RESOLUTION NO. 09-373

WHEREAS, the City of Iligan is committed to the protection, conservation and rehabilitation of the ecosystem;

WHEREAS, the unsystematic waste disposal by households, institutions, industries and commercial establishments causes unsightly surroundings, polluted environment and spread of various dangerous and communicable diseases;

WHEREAS, Republic Act 9003, the “Ecological Solid Waste Management Act of 2000 ”, provides for an ecological solid waste management program, creates the necessary institutional mechanisms, declares certain acts prohibited and provides for penalties and appropriates funds therefore;

WHEREAS, Section 10 of the above-cited Republic Act provides that, “ Pursuant to the relevant provisions of R.A. 7160, otherwise known as the Local Government Code, the LGUs shall primarily be responsible for the implementation and enforcement of the provisions of this Act within their respective jurisdiction;”

WHEREAS, Section 21. - Mandatory Segregation of Solid Waste - of R.A. 9003 has likewise provided that “ x x x LGUs shall evaluate alternative roles for the public and private sectors in providing collection services, type of collection system, or combination of systems, that best meet their needs; Provided, That segregation of wastes shall primarily be conducted at the source, to include household, institutional, industrial, commercial and agricultural sources x x x ”, and

Page 2: Solid Waste Code 2009-Dec 2009

Section 22 of the same Act has likewise set the minimum standards and requirements for segregation and storage of solid wastes, and; (Page 2 of Res. No. 09-373)

WHEREAS, City Ordinance No. 03-4395 creating the City Environment Management Office has to be amended to expand and integrate the functions of the Waste and Pollution Management Division of the CEMO with the Public Service Division;

WHEREFORE, on joint motion of Members Chonilo O. Ruiz and

Moises G. Dalisay, Jr., duly seconded by Members Erika Rae M. Cruz & Bayani C. Areola

BE IT RESOLVED, as it HEREBY RESOLVED, by the Sangguniang Panlungsod of Iligan, that the following City Ordinance be ADOPTED and APPROVED:

ORDINANCE NO. 09-5488

AN ORDINANCE STRENGTHENING THE IMPLEMENTATION OF REPUBLIC ACT NO. 9003, ESTABLISHING A COMPREHENSIVE CITY ECOLOGICAL SOLID WASTE MANAGEMENT SYSTEM, AMENDING CERTAIN PROVISIONS OF CITY ORDINANCE NO. 03-4395, CREATING INSTITUTIONAL MECHANISMS, IMPOSING APPROPRIATE GARBAGE FEES AND FINES/PENALTIES FOR VIOLATIONS OF PROHIBITED ACTS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Be it ordained by the Sangguniang Panlungsod in its session assembled, that:

ARTICLE 1GENERAL PROVISIONS

SECTION 1. Short Title -This Ordinance shall be known as “The

Iligan Solid Waste Code of 2009 ”.

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

a. Promote, protect and preserve the good health of the constituents so that all efforts of the citizens and the government should be harnessed & directed towards the full realization and implementation of such policy;

b. Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste minimization measures, including composting, recycling, re-use, recovery and others, before collection, transport & disposal in the Barangay Materials Recovery and Central Materials Recovery and Composting Facility;

c. Ensure compliance of the segregation-at-source scheme of all household, institutional, industrial and commercial wastes, including agricultural wastes, into non-hazardous biodegradable and non-biodegradable recyclable/re-usable &

Page 3: Solid Waste Code 2009-Dec 2009

residual waste, special household wastes & infectious wastes;

(Page 3 of Res. No. 09-373)

d. Encourage greater private sector participation in solid waste

management; and

e. 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. Responsibility - The citizens shall have the primary responsibility of achieving and maintaining cleanliness in their places of abode or work, while the government shall bear the ultimate responsibility of establishing and maintaining orderly and efficient program for collection and disposal of all types of solid wastes. SECTION 4. Authority - This Ordinance is enacted to implement the provisions of Republic Act 9003 which mandates the proper segregation, collection, transport and disposal of all types of solid waste and to supplement the provisions of other existing national laws and ordinances related to solid waste management.

SECTION 5. Coverage - This Ordinance covers the following :

a. Any provision of existing laws to the contrary notwithstanding, all residents of the City of Iligan shall be responsible for the cleanliness of their own immediate surroundings, their yards & gardens, as well as the roads & canals fronting their houses ;

b. Likewise, all visitors shall observe the same responsibility in the matter of cleanliness throughout their temporary stay in Iligan to avoid unnecessary inconvenience and penalty;

c. All pedestrians shall also be held responsible for the maintenance of the cleanliness and orderliness sought to be achieved under this article;

d. All schools and similar institutions, public as well as private, commercial and industrial establishments such as factories, department stores, hotels, restaurants, grocery stores, cinema houses, public markets, service shops, entertainment joints, and all other establishments and institutions like churches, hospitals and other health-related facilities, are similarly subject to the coverage of this Ordinance. The owners, lessees, managers or persons-in-charge of the operation of such establishments are charged with the faithful compliance of the

Page 4: Solid Waste Code 2009-Dec 2009

provisions of this Ordinance, directly liable for violations or non-compliance and responsible for coordinating with the Waste and Pollution Management Division of the CEMO so that garbage shall be regularly and properly disposed of;

(Page 4 of Res. No. 09-373)

e. Each and every owner of vacant or idle lots and low-lying areas shall clean and keep their premises free of garbage and stagnant water to prevent these from becoming breeding places for mosquitoes, flies, rats, cockcroaches and other vermin which are carriers of infectious diseases. Should the owner need large volume of filling materials to fill up the low-lying area, he/she may seek the assistance of the Barangay Captain or the City Engineer for appropriate action. In the event that the owner is unable or fails to comply with this obligation, the City Government shall undertake the cleaning of said lots at the expense of the owner. The City Government through the Barangay Council, after negotiation with the owner and compliance with all legal requirements relative thereto, may utilize the idle lot/land for its food production program.

ARTICLE II

DEFINITION OF TERMS

SECTION 6. Definition of Terms - For the purpose of this Ordinance, the following terms and phrases shall have the following meaning:

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

a. Wastes identified or listed as hazardous wastes, of a solid, semi-solid, liquid or contained gaseous form, which may cause or contribute to an increase mortality, result to serious incapacitating irreversible illness, or acute or chronic effect on the health of persons and harmful to plants, animals, aquatic life and the environment, in general;

b. Infectious wastes from hospitals, such as equipment, instruments, utensils and fomites of a disposable nature from patients who are suspected to have or have been diagnosed as having communicable diseases, clinical laboratory wastes like human tissues, blood component specimen, excreta and any other body fluids or secretions obtained from patients or laboratory

Page 5: Solid Waste Code 2009-Dec 2009

animals and hazardous wastes from special areas generating wastes that may harbor or transmit pathogenic organisms or pathologic materials which must therefore be isolated and treated separately as required by public health agencies; and

c. Wastes resulting from mining activities, including

contaminated soil and debris.

(Page 5 of Res. No. 09-373)

2. Biodegradable or Compostable Wastes ( Madunot ) - refer to any material that can be reduced into smaller particles and degraded or decomposed by microbiological organisms or enzymes, such as fish, meat, vegetables, fruits, rice, corn cob, leaves, flowers, twigs, dead animals and the like;

3. Non-biodegradable Wastes ( Dili Madunot ) - refer to any waste material that cannot be decomposed by microorganisms, such as plastics, glass, metals, rubber, tiles and the like;

4. Residuals - refer to non-biodegradable wastes which are not bought by buy-back centers or junk stores, but may be processed by the Materials Recovery Facility into useful items, or finally disposed of in the area intended for it;

5. Special Wastes - refer to hazardous wastes from

households, institutions, industrial and commercial establishments, such as paints, thinner, lead-acid batteries, spray containers, fluorescent lamps or bulbs, broken glasses and the like; Special wastes also include wastes from industrial, institutional, residential and commercial sources that are composed of bulky waste, consumer electronics, white goods, large yard wastes and large agricultural waste which are usually handled separately and described hereunder:

a. Household hazardous wastes - refer to solid wastes or combination of solid wastes which because of its quantity, concentration, physical, chemical or dangerous characteristics may:

a.1. cause, or significantly contribute to an increase in mortality/ morbidity or an increase in serious incapacitating illness; and

a.2. pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, or disposed of;

b. Bulky Wastes - refer to waste materials

which cannot be appropriately placed in

Page 6: Solid Waste Code 2009-Dec 2009

separate containers because of either its bulky size & shape or other physical

attributes. These include large worn - out household, commercial, and industrial items

such as furniture, lamps, bookcases, filing

cabinets & other similar items; c. White Goods -refer to large worn-out or broken

household, commercial and industrial appliances such as stoves, refrigerators, dishwashers & dryers collected separately. White goods are usually dismantled for the recovery of specific materials (e.g. aluminum, copper, etc.);

(Page 6 of Res. No. 09-373) d. Consumer Electronics- refer to special wastes

that include worn-out, broken and discarded electronic items, such as radios, stereos, TV sets, DVDs, LCDs and computers which are dismantled for the recovery of specific recyclable/re-usable materials;

e. Large Yard Wastes - refer to large cut tree trunks, large chipped branches, large uprooted roots and other bulky yard wastes;

f. Large Agricultural Wastes- refer to waste generated from planting/harvesting crops, trimming/pruning of plants & wastes or run-off materials from fields;

g. Industrial wastes – refer to hazardous and toxic materials from industries;

6. Infectious Wastes From Hospitals, Other Health

Facilities And Funeral Parlors – These are infectious or potentially infectious wastes from hospitals, medical & dental clinics, free-standing clinical laboratories, blood banks, barangay health centers,funeral parlors and similar facilities;

7. Fomites - refer to inanimate objects that carry disease-

causing germs that spread infection;

8. Ecological Solid Waste Management - refers to the

systematic administration of activities which provide for segregation-at-source, segregated storage and

transportation, transfer, processing, treatment and disposal of solid wastes, and all other waste management activities which do not harm the environment;

9. Generator - refers to a person, natural or juridical, who last

uses a material and makes it available for recycling, re- use, composting or disposal;

10. Source reduction - refers to the reduction of solid waste before it enters the solid waste stream by methods

Page 7: Solid Waste Code 2009-Dec 2009

such as product design, re-use and packaging restrictions;

11. Segregation-at-source - refers to a solid waste management practice of separating at the point of origin different materials found in solid waste in order to promote recycling/re-use of resources and composting, thereby reducing the volume of waste for collection and disposal;

12. Recycling – refers to the treating of used or waste materials,

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

(Page 7 of Res. No. 09-373)

13. Recyclable material - refers to any waste material retrieved from the waste stream and free from contamination that can be converted into suitable beneficial use or for other purposes, including but not limited to, newspaper, ferrous scrap metal, used oil, segregated cardboard, aluminum, glass, office paper, tin cans and other materials as may be determined by the Board;

14. Re-use – refers to the process of recovering materials

intended for the same or different use without alteration of physical or chemical characteristics;

15. Composting - refers to the controlled decomposition of organic matter by micro-organisms, mainly bacteria and fungi, into a humus-like product;

16. Enzyme/Inoculant - refers to any substance or microorganism that accelerates the decomposition process;

17. Storage – refers to interim containment of solid wastes

after generation & prior collection for ultimate recovery or

disposal;

18. Receptacles - refer to individual containers used at-source separation and for the collection of re-usable or recyclable materials;

19. Buy-back Center or Junk store - refers to a recycling or buying center that purchases or otherwise accepts recyclable or re-usable materials from the public for the purpose of recycling or re-using such materials;

20. Collection - refers to the act of removing solid waste from

the source or from communal storage point;

Page 8: Solid Waste Code 2009-Dec 2009

21. Disposal Site - refers to a site where solid waste is finally discharged and deposited;

22. Open Dump - refers to a disposal area where solid wastes are thrown indiscriminately or disposed of without the planning and consideration for environmental and health standards;

23. Materials Recovery Facility - includes a solid waste transfer station or sorting station, drop-off center, a composting facility and a recycling facility;

24. Open burning - refers to the thermal destruction of waste by

means of direct exposure to fire. This definition shall apply to large scale burning of post-harvest wastes, weeds and bushes for “ kaingin” purpose;

25. Leachate - refers to the liquid produced when wastes undergo decomposition and when water percolates through the solid wastes undergoing decomposition. It is contaminated liquid that contains dissolved and suspended materials;

(Page 8 of Res. No. 09-373)

26. Junk vehicles - Any form of vehicle which are abandoned in public places, sidewalks, alleys, embankments and other places which may cause obstruction to traffic and pedestrians;

27. Open public places - are roads, streets, sidewalks,

footpaths, easement alleys, parks, creeks, bridges, overpasses, rivers, canals, drainage and public open spaces;

28. Covered public places - include schools, colleges, universities, museums, clinics, health centers, dispensaries, laboratories, government offices, auditoriums, gymnasia, stadiums, session halls, churches, convention centers, theaters or movie houses, studios, bars, restaurants, cocktail lounges, canteens, kiosks and other enclosed public eating places, dance halls, disco houses, day and night clubs, beer pub houses, hotels, motels, department stores, markets, groceries, factories, plants and other covered places where people may stay or gather for political, social, economic, education, religious, sports or entertainment purposes;

29. Immediate surrounding - refers to the frontage, including up to the mid- span of the road, street, alley or avenue ( excluding highways and major thoroughfares ) from the edge of the street gutter and sidewalk of residential houses, dwelling units, commercial establishments and offices, whether private or public;

30. Rivers, canals, drainage and other water outlets - refer to all waterways and water outlets within the jurisdictional boundaries of Iligan City;

Page 9: Solid Waste Code 2009-Dec 2009

31. Street and sidewalk obstructions - refer to any form of waste which is immovable and bulky in nature because of its size and weight which may obstruct or impede the free flow of traffic and pedestrian;

32. Public Service Division or PSD - the office currently responsible for the collection, transport and disposal of mixed wastes, whose plantilla of personnel is under the City Engineer’s Office and whose control & supervision has been transferred from one office to another, and currently under the City Administrator’s Office;

33. Board - refers to the Iligan Solid Waste Management Board;

34. CEMO - refers to the City Environment Management Office;

35. WPMD - refers to the Waste and Pollution Management Division of the City Environment Management Office ( CEMO ) as created by virtue of City Ordinance No. 03-4395;

36. Solid Waste Areas or SWAs - refer to the grouping of the

forty four barangays into seven ( 7 ) groups for the purpose of easier and more efficient management of the City Solid Waste Management System; and

(Page 9 of Res. No. 09-373)

37. Solid Waste Area Manager or SWAM - refers to the person responsible for the supervision of a Solid Waste Area

ARTICLE IIIINSTITUTIONAL MECHANISMS

SECTION 7. Iligan City Solid Waste Management Board (ICSWMB) - Pursuant to Section 12, Chapter II of R.A 9003, there shall be created a City Solid Waste Management Board, with the following duties and responsibilities:

a. Develops the City Solid Waste Management Plan, in consultation with various sectors of the community, that shall ensure the long-term efficient management of solid wastes;

b. Requires, monitors and supervises the establishment of a Barangay Materials Recovery Facility, with or without composting, in each barangay or cluster of barangays;

c. Oversees and Monitors the implementation of the City Solid Waste Management Plan through the various political subdivisions and in cooperation with the private sectors and NGOs ;

d. Adopts revenue-generating measures to promote the viability of the solid waste management plan;

e. Convenes regular monthly meetings for the purpose of evaluating the level of compliance by households, institutions, commercial and industrial establishments to

Page 10: Solid Waste Code 2009-Dec 2009

R.A. 9003 and this Ordinance, and develops new strategies to enhance compliance of the same;

f. Reviews every two years, or as often as necessary, the City Solid Waste Management Plan for the purpose of ensuring its sustainability, efficiency and relevance in relation to local and international developments in the field of solid waste management;

g. Monitors the operation of the Waste and Pollution Management Division as regards to its management of the City Materials Recovery & Composting Facility & coordination with the Barangays’ Materials Recovery Facility;

h. Encourages the establishment of environment cooperatives or associations which shall assist in the implementation or directly undertake projects in compliance of this Ordinance; and

i. Grants Incentive Package to barangays with Best Solid Waste Management Practice and promulgate guidelines and mechanisms for the award of such incentive, in addition to what is already provided for in this Ordinance.

(Page 10 of Res. No. 09-373)

SECTION 8. Composition of the Iligan City Solid Management Board ( ICSWMB ) - The City Solid Waste Management Board shall be composed of the City Mayor as Chairperson, with the following members:

a. One representative of the Sangguniang Panlungsod who is the Chairperson of either the Committee on Environment and Natural Resources or the Committee on Health & Sanitation;

b. President , Association of Barangay Councils; c. Chairperson, Sangguniang Kabataan Federation;

d. A representative from an NGO that is accredited by the City, whose principal purpose is to promote recycling;

e. Chairperson, Federation of Purok Presidents; f. A representative from the Junk store Owners Association ;

and g. Representative of each concerned government agency

possessing relevant technical and marketing expertise as may be determined by the Board and appointed by the City Mayor.

The Mayor may appoint a Vice Chairperson out of the members of the Board, preferably the Sangguniang Panlungsod member, who will preside meetings in his absence. The members of the Board may be reconstituted from time to time as situation demands.

Page 11: Solid Waste Code 2009-Dec 2009

SECTION 9. Technical Committees - The operation of the Board shall be assisted by Technical Working Committees which may be created and reconstituted from time to time, as the need arises, through an Executive Order by the Honorable City Mayor, per recommendation of the members of the Board, to ensure a sustainable, systematic and efficient Solid Waste Management Program. SECTION 10. Barangay Solid Waste Management Committee (BSWMC) - A Barangay Solid Waste Management Committee shall be organized in each barangay with the following functions:

a. Formulates the solid waste management plan of the barangay, consistent with the city solid waste management plan;

b. Insures efficient segregation and collection of non-

biodegradable, biodegradable and special wastes as defined in this Ordinance;

c. Plans the establishment and monitors the operation of the Barangay Materials Recovery Facility;

d. Conducts regular information and education activities in the barangay to insure compliance of the provisions of R.A 9003 and this Ordinance;

e. Allocates barangay funds and look for sources of funds in order to maintain the efficient operation of the Barangay Materials Recovery Facility;

(Page 11 of Res. No. 09-373)

f. Devises an efficient barangay collection system to complement the collection system of the Central Materials Recovery and Composting Facility;

g. Recommends the barangay officials & residents who may be deputized by the City Mayor as Environmental Officers to assist in the issuance of Citation Tickets for violation of any provision of R.A. 9003 and this Ordinance;

h. Organizes core coordinators;

i. Submits a quarterly report to the Waste and Pollution Management Division; and

j. Reviews the Barangay Solid Waste Management Plan every two (2) years and makes adjustments and innovative strategies as deemed necessary

SECTION 11. Membership of the Barangay Solid Waste Management Committee ( BSWMC ) - The Barangay Captain shall be the Chair of the committee with the following members:

a. One (1) Kagawad, preferably the Chairman, Committee on Environment or Committee on Health;

b. Chairperson of the Sangguniang Kabataan;

Page 12: Solid Waste Code 2009-Dec 2009

c. President of a Homeowners Association; d. Public or private school principal; e. One (1) parents and teachers association president; f. One (1) religious organization representative; g. One environmental NGO representative ;

h. One (1) representative from Junk Store Owners Association;

i. One (1) representative from Scavengers Association; j. One (1) representative from the Market Vendors

Association; k. Federated Purok/Zone President; and

l. Other responsible members of the barangay as may be appointed by the Barangay Council.

SECTION 12. Honorarium of Members of the City Solid Waste Management Board and the Barangay Solid Waste Management Committee - The members of the City Solid Waste Management Board and Barangay Solid Waste Management Committee shall be entitled to travel expenses when on official business, and a reasonable honorarium for actual attendance in regular monthly meetings , as recommended by the City Mayor and the Barangay Captain, respectively.

ARTICLE IV SOLID WASTE MANAGEMENT FACILITIES/OFFICES AND FUNCTIONS

SECTION 13. Central Materials Recovery & Composting

Facility or CMRCF - Pursuant to R.A. 9003, there shall be established a Central Materials Recovery & Composting Facility which shall manage solid wastes which could not be handled by the Barangay , to include all forms of special household waste and infectious hospital wastes. This shall be under the direct control and supervision of the Wastes and Pollution Management Division of the CEMO.(Page12 of Res. No. 09-373)

SECTION 14. Barangay Materials Recovery Facility or BMRF - In accordance with Section 32 of Article 4 of R. A. 9003, there shall be established a Materials Recovery Facility in every barangay or cluster of barangays whose design shall be subject to the approval of the City Engineer’s Office and the Wastes & Pollution Management Division (WPMD). The facility shall be established in a barangay-owned or leased land, or any suitable open space to be determined by the barangay through its sanggunian. For this purpose, the barangay or cluster of barangays shall allocate a certain parcel of land for the BMRF. The BMRF may receive any mixed wastes for final sorting, segregation, recycling or re-use and composting (optional). Any residual waste that the BMRF cannot manage shall be transferred to the CMRCF for appropriate disposal.

SECTION 15. Subdivision Materials Recovery Facility or SMRF - The following guidelines shall be observed regarding the management of solid wastes in subdivisions: a. In existing subdivisions, there shall be established a

Materials Recovery Facility with or without composting facility, whenever a space is still available, either distinct or part of the open space area required by law in subdivision development;

Page 13: Solid Waste Code 2009-Dec 2009

b. In proposed subdivisions, there shall be a provision for the construction of a Materials Recovery Facility, preferably with composting facility, that shall be included in the development plan which is separate and distinct from the open space allotted for subdivision amenities and facilities, and shall be part of the requirements for Subdivision Development Permit Application;

c. The design of the facility shall be the responsibility of the subdivision owner or developer, subject to the approval of the City Engineer Office and the WPMD ;

d. Compliance of this provision shall be the joint responsibility of the subdivision owner or developer, the President of the Homeowners Association in consultation with the affected constituents or members and the barangay officials headed by the Barangay Captain where the subdivision is located.

SECTION 16. Industrial Materials Recovery Facility - Industries shall have its own Materials Recovery Facility, preferably with composting facility, subject to compliance of all DENR guidelines and related City Ordinances. It shall also have its own facility for taking care of industrial hazardous wastes. Any waste that is to be disposed in the BMRF or CMRCF shall be subject to the garbage fee prescribed herein.

SECTION 17. Public Service Division or PSD - For optimum efficiency, the personnel plantilla, control and supervision of the Public Service Division shall be transferred to the City Environment and Management Office ( CEMO ) as created per City Ordinance No. 03 - 4395, integrating the functions of the PSD with the Waste and Pollution Management Division of the CEMO with expanded functions, thereby amending Section 3 & Section 4 of aforementioned City Ordinance:

(Page 13 of Res. No. 09-373)

SECTION 18. – Amendment to Section 4 ( Table of Organization ) of City Ordinance No. 03-4395, an Ordinance Creating and Establishing the City Environment Management Office ( CEMO ) as a Regular Department of the Iligan City Government.

R

CEMO …Department Head II...1

Pollution and Solid Waste Management DivisionHead(Supervising Environmental Management Specialist) ..…1

Research, Planning,IEC, Enforcement and Monitoring Division Head( Supervising Environmental Management Specialist) ..…1

Eco-Parks, Watershed and

Coastal Resource Management

Division Head ( Supervising Environmental Specialist )..1

Mines DivisionHead (SupervisingEnvironmentalSpecialist ).…1Engineer II….1

Administrative Division Adm. IV……….......1 Records Officer II…1 Clerk IV…….…….1 Driver II.………..…1 Utility II.…………..1

Page 14: Solid Waste Code 2009-Dec 2009

SECTION 19. Amendment to Section 3 ( Office Personnel and corresponding Functions ) of City Ordinance No. 03-4395. - To streamline the functions of the Divisions & Sections of the CEMO , thereby amending Section 3 of City Ordinance No. 03-4395,to wit :(Page 14 of Res. No. 09-373)

1. Functions of Personnel

A. Department Head II…..Same functions as in C.O. No. 03-4395 B. Administrative Officer IV....Same functions as in C.O. No. 03-4395

C. Community Development Assistant I …Same functions as in C.O. No. 03-4395 D. Clerk IV……………………….. Same functions as in C.O. No. 03-4395 E. Data Encoder ……………….. Same functions as in C.O. No. 03-4395 F. Utility……………….........…… Same functions as in C.O. No. 03-4395 G. Engineer II ( Geodetic Engineer )…….Responsible for all survey and related activities H. Computer Programmer…..Responsible for Computer Programming of all Research and Planning activities I. Records Officer II ……..... Responsible for the safekeeping of all records of the Department J. Drivers ( Office and garbage trucks )

IECMonitoring &Enforcement

Section* Head (SeniorEnvironmentalManagement Specialist )......1*Community Development Asst. I……..…2

Research and Planning Section * Head ( Senior EnvironmentalManagementSpecialist )…...1*Research Asst II……....1*Computer Programmer I..1

MinesSection*Head(SeniorEnvironmentalManagementSpecialist)...1*CommunityDevelopmentAsst. I…….2

Eco-Parks and WatershedManagement Section* Head(SeniorEnvironmentalManagementSpecialist )….1* CommunityDevelopmentAsst. I……….2

Coastal ResourceManagementSection*Head( SeniorEnvironmentalManagementSpecialist )…1*CommunityDevelopment

MRF Development,Operation andMaintenance Section* Head ( Senior Environmental Management Specialist )…1* Community Development Asst. I ….…..2

WasteCollection andCleaning Section*Head(SeniorEnvironmentalManagementSpecialist )…1

Sand and Gravel/ QuarrySection__________________________________

*Head(SeniorEnvironmentalManagementSpecialist ...1*CommunityDevelopmentAsst. I……..2

PollutionControlSection______________________________________________

*Head(SeniorEnvironmentalManagementSpecialist) ..1*CommunityDevelopmentAssistant I...2

Page 15: Solid Waste Code 2009-Dec 2009

a. Responsible for the proper use, cleanliness and maintenance of assigned vehicle/s

b. Responsible for the timely request for the procurement of parts & supplies needed for assigned vehicle/s

K. Division Heads (Supervising Environmental Management Specialist)

a. Responsible for the supervision of all personnel in the Division b. Responsible for ensuring that all projects, programs, activities and functions of the respective sections are efficiently undertaken

c. Submits budgetary proposals for the division d. Makes monthly report to the Department Head for regular assessment of office performance

L. Section Heads ( Senior Environmental Management Specialist ) Supervision of each section to insure efficient performance of its mandated function

2. Functions of Divisions/Sections

2.1 - Administrative Division – Same functions as in C.O. No. 03- 4395

2.2. - Research, Planning , IEC , Monitoring & Enforcement Division

2.2.1.- Research & Planning Section

a. Conceptualizes plans, strategies, initiatives and other relevant activities necessary for the efficient implementation of environmental programs,;

b. Collates information derived from each division & use it as input for project proposals, advocacy, policies or strategic planning and restructuring of the office management system;

(Page 15 of Res. No. 09-373)

c. Finalizes packaging of project proposals submitted by each division of the office;

Page 16: Solid Waste Code 2009-Dec 2009

d. Prepares and updates the Iligan Environment Code;

e. Prepares proposed livelihood programs and conducts livelihood trainings for nature-sourced materials , compost and re-usable/recyclable Solid Wastes;

f. Prepares marketing strategies for products of livelihood programs conducted by CEMO;

g. Makes research on technologies that could be integrated into the existing system to maximize the efficiency of the CMRCF and BMRF;

h. Establishes & maintains an environmental data bank

2.2.2 - IEC, Monitoring and Enforcement Section

a. Establishes an effective Speakers Bureau & Trainers’

Pool in every barangay;

b. Prepares plans for the integration of environmental

programs, particularly the Solid Waste Management

Program, in the non-formal and formal curriculum of

private and public institutions of learning;

c. Coordinates with the ICSWMB, the Department of

Education, the Commission on Higher Education and Development ( CHED ), City Health Office, Asso.

of Barangay Captains (ABC), Iligan Barangay

Councilors Organization ( ILBACO ), Sangguniang

Kabataan Federation and Purok Officials for continuing I.E.C activities in the form of seminars which shall:

c.a. - Aim at developing public awareness of the ill-

effects of indiscriminate disposal of wastes and demonstrating what the public can do to minimize, if not totally eliminate the problem;

c.b.- Concentrate on activities which are feasible

and with greatest impact on solid wastes

Page 17: Solid Waste Code 2009-Dec 2009

management, such as resource conservation &

recovery through segregation– at-source, re-use,

recycling and composting of solid wastes; and

c.c. - Encourage the general public, commercial establishments, institutions, industries and non-government organizations to formulate appropriate incentive measure and to adopt innovative processes to reduce waste,

minimize pollution and undertake community activities to promote effective solid waste management. (Page 16 of Res. No. 09-373) d. Coordinates with all media outlets for support to give this Ordinance , R.A. 9003 and other environmental legislations wide publicity; e. Solicits the services of religious groups to

insure cooperation among their followers/members;

f. Enlists the cooperation of all Peoples’ Organizations,

Fraternal Organizations, Civic Clubs, Non-Government Organizations, Parents -Teachers Associations,

Civil Society Organizations ( CSO ), Cause-oriented

Groups, Vendors Association ,Student Associations, Hotel

and Restaurant Associations, Homeowners

Associations and all other groups of people in the community;

g. Conducts “ pulong-pulong ” in barangays, puroks,

commercial establishments, industries, hospitals,

schools & other areas where people can be gathered

at any scheduled time;

h. Prepares all types of materials for Information, Education and Communication: Streamers,

posters, billboards, placards, flyers, flip charts, stickers and tapes or its equivalent for the mobile sound system. These shall be disseminated to cover all

types of dwellings, institutions and industrial &

commercial establishments within the territorial boundaries

of

Page 18: Solid Waste Code 2009-Dec 2009

Iligan City. Appropriate I.E.C materials shall be placed

in conspicuous public places. It shall also coordinate

with the LTO for the placing of stickers on all registered public utility vehicles regularly plying

the streets of Iligan; and

i. Prepares budgetary proposal for information dissemination, seminars and trainings, chargeable

to the I.E.C. budget of CEMO, particularly the Solid Waste Management Program. To sustain the

I.E.C activities, additional funds shall be appropriated

by the Committee on Finance, chargeable to the

budget of the Pollution Control & Solid Waste

Management Division.

j. Monitors compliance of all barangay councils on the strict implementation of environmental laws, this Code, R.A. 9003 & other related legislations;

k. Enforces provisions of this Ordinance and monitors compliance of households, institutions,

commercial and industrial establishments & agricultural areas

to the segregation-at-source scheme of solid waste;

l. Monitors and evaluates all data relative to all environmental fees, including garbage fee,

and violations committed, mode of settlement and

income generated through fines paid;

(Page 17 of Res. No. 09-373)

m. Coordinates with other law enforcement units to insure better interaction in the enforcement of all environmental laws, the provisions of this Code and R.A. 9003;

n. Prepares plans for the efficient, effective & sustained enforcement & implementation of all environmental laws, R.A. 9003, this Ordinance & other related laws & ordinances; and

o. Monitors, inspects and coordinates with hospitals, medical and dental clinics, free-standing clinical laboratories, blood banks, other health facilities and funeral parlors for the proper handling of their

Page 19: Solid Waste Code 2009-Dec 2009

hazardous and infectious wastes;

2.3- Pollution Control and Solid Waste Management Division

2.3.1 . Pollution Control Section

a. Monitors, documents and evaluates various types and level of pollution on land, air and water within the territorial boundaries of Iligan City;

b. Coordinates with the DENR, other national regulatory bodies, local offices and other divisions of

CEMO involved in environmental concerns for appropriate investigation, detection and intervention on any form & degree of pollution to avert any adverse effects

on the eco-system;

c. Formulates guidelines for sustained awareness on the danger of environmental pollution & proposes

measures to address various pollution problems;

d. Devises I.E.C materials in coordination with the Research, Planning, IEC, Monitoring & Enforcement Division for general circulation to minimize or prevent pollution of land, air and water.

2.3.2. Cleaning and Collection Section

a. Responsible for the regular cleaning of sidewalks, islands, plazas, parks and other public places;

b Responsible for on-time collection of solid wastes from

all sources of generation, its sanitary transport and proper disposal based on Division Standard Operating Procedures;

c. Responsible for the proper collection of industrial, hospital and other health facilities waste in accordance with the system of management herein provided;

(Page 18 of Res. No. 09-373)

d. Responsible for the recommendation, assignment and supervision of the Solid Wastes Area Managers & their team of street cleaners, garbage truck drivers

and loaders;

e. Responsible for the maintenance, cleanliness & proper parking of garbage trucks when not in use;

f. Responsible for the compliance of street cleaners,

Page 20: Solid Waste Code 2009-Dec 2009

drivers and loaders on the wearing of proper uniform, name plates and safety devices issued;

g. Promulgates and implements such other policies as it may deem appropriate for the improvement of

existing street cleaning activities, garbage collection,

transport and disposal system; and

h. Coordinates with the barangay officials to insure an efficient garbage collection and transport system by

the Barangay Materials Recovery Facility;

2. 3.3.- MRF Development, Operation and Maintenance Section

a.Supervises the operation of the City Solid Waste Management Facilities;

b. Responsible for the maintenance and repair of all vehicles and equipment used in the CMRCF;

c. Responsible for the implementation, maintenance and supervision of collateral developments in the CMRF area ;

d. Extends assistance to the BMRFs whenever there is a request for repair of their solid waste equipment and transport vehicle/s ;

e. Recommends the necessary equipment & tools for the

use of the Division;

f. Makes periodic assessment of the performance of solid waste vehicles and makes recommendation as

to the need to purchase new vehicles;

g. Responsible for the maintenance & repair of CMRCF buildings and its appurtenances;

h. Responsible for the proper storage of products of the

CMRF operation;

i. Coordinates w/the Research, Planning, IEC, monitoring and Enforcement Division in the marketing of products of the CMRF and collateral developments in the CMRF area;

(Page 19 of Res. No. 09-373)

j. Coordinates with other offices, both local and national,

in the implementation of the adopted Solid Waste Management System;

Page 21: Solid Waste Code 2009-Dec 2009

k. Performs all other activities related to the overall operation and management of the Solid

Waste Management System.

2.4. Eco-Parks, Watershed and Coastal Management Division

2.4.1 . Eco-Parks and Watershed Section

a. Undertakes all landscaping & beautification of islands, sidewalks, plazas, parks and other public places;

b. Conducts, monitors & evaluates all other urban greening activities and projects;

c. Promotes productive & sustainable approaches and/or practices in forestry , agro-forestry and agriculture;

d. Promotes biodiversity at various levels on different intervention approaches;

e. Promotes & implements Climate Change Adaptation and Mitigation programs and projects;

f. Coordinates closely with the Coastal Resource Management Section in the rehabilitation of interfaced ecosystem such as riparian and mangrove ecosystems;

g. Formulates the Iligan City Watershed Management Comprehensive Plan and the Forest Land Use Plan;

h. Promotes Ecotourism Conservation and Protection;

i. Coordinates Closely w/ the City Planning & Development Office ( CPDO ) in the preparation of the Comprehensive Land Use Plan ( CLUP ) and provides community- based information;

j. Coordinates with DENR and other appropriate national agencies in the implementation of devolved functions;

k. Promotes Disaster Risk Reduction interventions/ Strategies within Watershed and Coastal Areas;

l. Drafts proposals on Green Development Programs and projects for fund sourcing from local and foreign sources

m. Conducts strategies and intervention on watershed conservation, protection and enhancement;

n. Coordinates/participates actively in local & international for a on Carbon Reduction activities

(Page 20 of Res. No. 09-373)

Page 22: Solid Waste Code 2009-Dec 2009

2.4.2. - Coastal Management Section

a. Coordinates with the different fisherfolks association in the coastal barangays in order to identify and address problems , issues and concerns in a multi-sectoral participatory approach in the context of stakeholders participation ;

b. Formulates and implements a Comprehensive Integrated Coastal Resource Management Plan;

c. Monitors, assesses & regulates the utilization of aquatic resources for sustainable use and development;

d. Conducts coastal habitat assessment and rehabilitation projects geared towards fish productivity;

e. Undertakes Coastal resource management projects based on the CRM Plan of Iligan City 2009-2019 in coordination with barangay LGUs concerned;

f. Develops & enhances coastal habitat & fishery resources of the coastal barangays of Iligan City;

g. Coordinates with the City Agriculture Office and other government offices involved with the different coastal resource management projects in the coastal barangays

of Iligan City

2.5.- Mines Division

a. Monitors and assesses the state of natural resources and the impacts of man’s activities, specifically sand & gravel, quarry and mining activities and implements environmental laws regulating such;

b. Closely coordinates with the Dept. of Environment and Natural Resources ( DENR ) - Mines and Geo- science Bureau (MGB) ,City Legal Office ( CLO ), City Treasurer’s

Page 23: Solid Waste Code 2009-Dec 2009

Office ( CTO ), Permits and Licenses Division, and other involved agencies pertaining to implementation of all quarry/mining Ordinances;

2.5.1 – Sand and Gravel and Quarry Section a. Identifies & updates issues and concerns concerning sand & gravel and other quarry activities and formulate management intervention all in the context of stakeholders participation;

b. Prepares and submits report to department head all updates & concerns related to enforcement of applicable environmental laws;

(Page 21 of Res. No. 09-373)

2.5.2. Mining Section

a. Evaluates, assesses and monitors all mining applications and activities within the territorial boundaries of Iligan;

b. Insures documentation of all mining activities;

c. Recommends resolutions and ordinances to improve the enforcement of national and local mining laws.

d. Enforces all laws and ordinances relative to mining

ARTICLE VSOLID WASTE MANAGEMENT SYSTEM

SECTION 20. Factors to Consider in Solid Waste Management – In managing solid waste, the generator shall consider the following options in this order of priority: a. Source reduction- waste generators shall think of ways

to reduce generation of wastes before they enter the solid waste stream. Possible measures to be undertaken may include the use of product with less packaging and reduce the use of non-recyclable materials. Replace disposable materials, use product with re-usable materials and increase efficiency in the use of paper, cardboard, glass, metals and other materials;

b. Re-use - A material’s life may be extended by re-use.

Wastes generators shall exert effort to re-use materials

Page 24: Solid Waste Code 2009-Dec 2009

before disposing them to minimize the volume of wastes for disposal;

c. Re-cycle - There are waste materials that can be processed

to produce new products. This type of waste materials shall be identified and separated from the waste stream. There is a growing market for recyclable materials; thus, waste generators can dispose this type of waste by selling to recyclers;

d. Composting - Biodegradable wastes shall be separated from

the waste stream and composted. Soil conditioner composting may be done with or without the aid of decomposers that hasten the process of decomposition. The final product may be sold or used for backyard garden, and;

e. Disposal - This is the last option. Wastes that cannot be re-used, recycled or decomposed shall be disposed through the regular collection system in the area.

SECTION 21. Compost-making -Households and establishments are encouraged to do composting. To begin making compost, remove grasses and sod cover from the area where the pile will be constructed. This will allow materials direct contact w/ soil microorganisms that facilitate decomposition. The following are the recommended layering for the compost pile:

(Page 22 of Res. No. 09-373)

Layer 1. At most 6 inches of biodegradable waste (Madunot), preferably chopped to smaller pieces;

Layer 2. Soil of the same thickness as the placed solid waste, or even less;

Layer 3 . (Optional) 2 to 3 inches of horse manure or chicken dung. Sprinkle with water if manure or dung is dry;

Layer 4. Repeat steps 1 and 2 until the compost bin is full. After five or 6 weeks, turn the heap by mixing the materials.

Keep the compost moderately wet. Protect from too much rain to prevent loss of nutrients. Do not burn on top of garbage piles or composters for this will kill the biologic decomposers and delays the process of decomposition. Aerate or allow air access. As matters decay, heat is produced. Too much heat may kill and reduce the microbe population with resultant delay in the decomposition process. Compost is ready to use when dark, crumbly and earthly smelling in about 5 - 6 weeks.

SECTION 22. Making Small-Scale Home Composters - Each household shall select any of the following small-scale composters that best suit their needs and purposes at home. In all these methods use the same layering scheme and, preferably, chop the garbage to be placed to hasten decomposition and put hollow perforated plastic or bamboo

Page 25: Solid Waste Code 2009-Dec 2009

tube or any other devise in order to aerate the mixture of garbage and soil:

a. Twin Pits - Dig two pits – 1 x 1 x 1 meter or less depending upon area available , ½ meter apart and using the pits by turns. For an average household, it might take a month to fill each pit, thus allowing sufficient time for the materials to decompose or mature into a compost ( soil conditioner );

b. Tower tires - Make three or four piles of old tires placed directly on the ground and use these as a container for composting. To aerate, just insert anything between tires. If placed on cement flooring, line the bottom with soil;

c. Bottomless composters - Use old drums, plastic water container with bottoms off or even an old rice sack with bottom seam ripped off and supported by three pegs or cheap posts to let it stand;

d. Clay flower pots compost “garden” - Use ten to fifteen flower pots to serve as composters. Utilize these by turns applying the same layering scheme. By the time the 10th to

the 15th pot is full, in about a month’s time, empty contents of the first pot and use this as soil conditioner for plants or trees. Pots may be stacked one on top of another, but keep contents moist;

e. Plastic bag composters – Line plastic bags, instead of pots, with soil, place chopped biodegradables, top with some leaves and soil, moisten, then stack them one on top of the other while waiting complete decomposition. In a few weeks, this become clean, safe, odorless compost that is very good for plants;

(Page 23 of Res. No. 09-373)

f. Compost bins - These may be constructed from chicken wire or any durable “basket” materials for small-scale composting and from wood slabs for large-scale composting. Design these to adequately accommodate the necessary materials or ingredients and allow access of air. For large-scale composting, allow sufficient mixing or turning of waste at right intervals.

SECTION 23. Management Scheme for Generators -The following undertaking shall be strictly observed to ensure efficient and effective implementation of solid waste management in households, commercial & industrial establishments, institutions and agricultural areas. Infectious wastes from hospitals, medical and dental clinics, blood banks, free-standing clinical laboratories, barangay health centers, veterinary clinics, funeral parlors and other health-related facilities are managed separately, as provided for in Article VII.

1. Household and Establishment Own Collection and Disposal System - Whenever feasible, every household & establishment shall have and maintain a system of solid waste collection and disposal of biodegradable and recyclable/re-usable non-biodegradable wastes. All houses and buildings which do not have existing system of solid waste collection, but which have available space for the purpose, may construct or assemble such facilities in

Page 26: Solid Waste Code 2009-Dec 2009

accordance with the specifications and sketches to be furnished free of charge by the Waste and Pollution Management Division or the City Engineer’s Office.

2. No Segregation, No Collection - For households and establishments which could not really construct or assemble their own system of collection and disposal, segregation of wastes must be absolutely observed since unsorted waste shall not be collected at all after two warnings, or settlement of prescribed penalty, as provided for in letter (q ), Section 54, Article IX. It is the responsibility of the generators to segregate their wastes according to the following schemes: a. Solid waste as defined in Numbers ( 2 ), ( 3 )& ( 4

), Section 6, Article II, should be segregated into non - hazardous , non-infectious biodegradable wastes and non-biodegradable wastes ( recyclable /re-usable and residuals ); and

b. Special wastes as defined in Number ( 5 ), Section 6, Article II, should be segregated separately, such as hazardous household wastes, bulky wastes, white goods, consumer electronics, large yard and large agricultural wastes.

3. Storage -Storage varies depending upon the classification of the wastes. Generators must store each type of waste in separate receptacles to facilitate collection. Various types of receptacles may be used depending upon the nature of the waste. Examples of receptacles include plastics, cans, sacks, cartons, pails, etc. Storage shall follow the following scheme:

(Page 24 of Res. No. 09-373)

a. Biodegradable non-hazardous wastes shall be placed in plastic bags or sacks and the mouth tied tightly with any material colored green to prevent entry of insects and rodents , avoid spillage-at-source or upon collection by garbage vehicles and to facilitate identification and sorting by garbage collectors. Other receptacles may be used provided it is tightly covered or similarly tied. Improperly tied receptacles shall not be collected after two warnings and prior to settlement of fine/penalty;

b. The non-biodegradable non-hazardous wastes shall be segregated into recyclables or re-usables and residuals, placed in separate plastic bags or sacks and mouth securely fastened ( yellow tie for re-usables /recyclable; black for residuals ) and stored until the scheduled collection for such type of garbage. If these are improperly segregated and tied, these will not be collected after two warnings and prior to settlement of prescribed fine and/or penalty; and

c. Special waste from household, commercial,

Page 27: Solid Waste Code 2009-Dec 2009

institutional establishments, viz.:

c.a. Hazardous household, commercial, industrial and institutional waste, as defined in No. 5, Section 6, Article II, such as batteries, fluorescent lamps, aerosol canisters and acids, shall be placed in a separate receptacle, properly covered or tightly tied with any material colored black and stored until its scheduled collection and upon payment of prescribed fee; and

c.b. Bulky waste, white goods, consumer

electronics, large yard waste and agricultural waste shall be hygienically stored prior to scheduled collection time and upon payment of prescribed fee.

SECTION 24. Communal Receptacles - Communal covered receptacles ( colored green for biodegradable wastes , yellow for non-biodegradable recyclable/re-usable wastes and black for non-biodegradable residual wastes ) may be provided by the BMRF or CMRF to cluster of houses which are not accessible to the collection vehicles of the BMRF or the CMRF. The contents of these receptacles shall be collected on scheduled time. The users of these communal receptacles must be responsible for its safety, sanitation, cleaning and proper sorting as mandated in this Ordinance. Similar color-coded receptacles or trailers shall be placed in appropriate areas in bus terminals, markets and crowded public places as may be determined by the Board per recommendation of the WPMD.

(Page 25 of Res. No. 09-373)

SECTION 25. No Sidewalk Garbage Receptacles - In order to maintain the cleanliness and neatness of sidewalks, there shall be no garbage receptacles on the sidewalks, except on selected areas as may be determined and allowed by the ICSWMB through the Wastes and Pollution Management Division. All stores, establishments, institutions are required to have suitable receptacles to keep its garbage inside its premises and brought out only during scheduled collection days.

SECTION 26. New Building Waste Storage Area - No new building shall be constructed without a building permit and approved plan issued by the Office of the Building Official which shall include a plan for garbage segregation , storage and composting (optional ).

SECTION 27. Existing Building Storage Area - All existing buildings shall provide an area for waste segregation and storage of garbage. However, if this is not feasible, the building owner shall identify an area or facility in consultation or coordination with the Wastes and Pollution Management Division which will provide the necessary sketches and specifications.

Page 28: Solid Waste Code 2009-Dec 2009

SECTION 28. Management Scheme for Collection - The following undertaking shall be observed in the collection and disposal of solid wastes:

a. Generators shall bring out their properly segregated wastes only at the time of the scheduled collection as announced and set by the BMRF or the Central Materials Recovery & Composting Facility. If nobody is present in a fenced house or building at the time of collection, the wastes which are contained in appropriate receptacles as prescribed in Number 3.a and 3.b, Section 23, may be hanged on the inside portion of the fence within the reach of garbage collectors; if unfenced, the garbage should likewise be placed in appropriate receptacles, secured with appropriate tie and may be placed beside the wall of the house or building nearest the road and accessible to the garbage collectors;

b. Dead animals shall be buried by their owners and human & animal wastes shall be disposed of by means of toilets, septic tank or similar disposal facility;

c. Each barangay or cluster of barangays is responsible for the collection of properly segregated non-hazardous non-biodegradable wastes, biodegradable wastes and any special waste which could be collected by its garbage vehicle and brought to the BMRF. Household and establishment owners are encouraged to sell the re-usable or re-cyclable wastes directly to junk dealers (didangers) or to junk stores and do composting themselves to reduce the volume of wastes to be collected by the BMRF;

d. Special wastes which could not be handled by the BMRF garbage vehicle shall be collected on the day and time scheduled for the collection of special wastes by the CMRCF per advise or notification by the BMRF;

(Page 26 of Res. No. 09-373)

e. Any residual waste that cannot be properly managed by the BMRF shall be collected by the CMRCF;

f. If the barangay MRF has no composting facility, the bio-degradables shall be collected by the CMRF;

g. Infectious wastes shall be collected on scheduled days by separate trucks exclusively for the purpose; and

h. For further instruction on solid waste classification,

segregation, composting techniques and schedules of collection, a guide shall be prepared by the WPMD. This shall be published in a newspaper of local circulation and distributed to households, offices, industrial & commercial establishments, institutions and other solid waste generators, as the need arises.

Page 29: Solid Waste Code 2009-Dec 2009

SECTION 29. Mechanics of City Garbage Collection – The thirty one ( 31 ) urban barangays and thirteen ( 13 ) hinterland barangays shall be grouped into seven (7) Solid Waste Areas (SWA) on the basis of garbage volume, population, geographic contiguity and distance from the CMRF and managed as follows:

a. AREA AREA AREA ( 1 ) ( 2 ) ( 3 )

Buru-un Abuno Mahayahay

Ma. Cristina Tipanoy Ubaldo Laya Ditucalan Tubod Villaverde

Sta. Elena Tambacan Pala-o Suarez Puga-an

AREA AREA AREA ( 4 ) ( 5 ) ( 6 )

Bagong Silang Poblacion San Roque Sto. Rosario Saray Sta. Felomina Del Carmen Tibanga Acmac Hinaplanon Proper Santiago Kiwalan Upper Hinaplanon San Miguel Dalipuga Luinab

AREA 7 ( 13 Hinterland Brgys.)

Bunawan Digkila-an Kalilangan Upper Tominobo Bonbonon Mainit Dulag

Kabacsanan Rogongon Lanipao Hindang Panuroganan Mandulog

b. The number and composition of these areas shall be

changed from time to time as the demands of the service may require, provided that the same criteria of population, volume, geographical contiguity and distance from the CMRF shall be followed;

(Page 27 of Res. No. 09-373)

c. In each of these seven (7 ) Solid Waste Areas, there shall be assigned an Area Manager, garbage trucks , drivers , garbage collectors and city street cleaners. These workers will comprise an Area Team. The necessary equipment and tools shall be provided to these teams by the City Government;

d. The Area Managers, upon their designation, qualification and

assumption shall be placed under the direct supervision and control of the Head of the Clean and Green Section;

e. A schedule of garbage collection and street cleaning for each area shall be prepared by the Head of the Clean and Green Section, in consultation with the Solid Waste Area Manager (SWAM) of each area. The schedule shall take into consideration such factors as maximum volume of collectible garbage, optimum convenience of the homeowners, tenants, managers or persons-in-charge or a

Page 30: Solid Waste Code 2009-Dec 2009

majority of them, least disturbance to traffic & minimum pollution & health hazards;

f. Whenever possible and necessary, Strategic Principal

Garbage Collection Points ( SPGCPs ) shall be established in a Solid Waste Area. When established, homeowners,

tenants, managers or persons-in-charge shall deposit or cause to

be deposited in these SPGCPs such garbage which may no

longer be or are not contained in their own receptacles;

g. Each homeowner, tenant, manager or person-in-charge of buildings shall be informed by Clean & Green Section, through the Area Manager , of the names of the garbage truck drivers, collectors and street cleaners assigned to the area , the schedule of garbage collection in the area and the SPGCPs;

h. The team of garbage collectors and street cleaners shall faithfully and religiously observe the schedule of street cleaning, garbage collection and disposal;

i. On the scheduled time of street cleaning , the street cleaners shall report to their designated areas wherein, under the immediate supervision of the Area Manager, they shall sweep and clean the streets, alleys, sidewalks and pathways therein of any garbage. They shall deposit the sweepings and picked-up solid wastes in the SPGCP or such receptacles in the area as may reasonably and sanitarily contain them;

j. On the time scheduled for garbage collection, the teams of city garbage collectors shall proceed to their designated garbage areas and, under the immediate supervision of the Area Manager, shall collect from the BMRFs in the Area all solid wastes that the BMRFs could not manage and those that are deposited by the city street cleaners on Strategic Principal Garbage Collection Points;

(Page 28 of Res. No. 09-373)

k. The Clean and Green Section shall establish and maintain a system of monitoring the faithful observance of the schedule for actual cleaning and garbage collection. It shall also conduct, in coordination with Area Managers, a regular educational program and corresponding sustained drive for the effective implementation of the system of garbage collection;

l. The City Health Office is charged with the task of fielding Sanitary Inspectors to different Solid Waste Areas in order to check, inspect, advise and instruct the homeowners, managers or person-in-charge on the correct and sanitary collection and disposal of their garbage; and

Page 31: Solid Waste Code 2009-Dec 2009

m. The Area Manager for Area 7 (Hinterland Barangays) shall focus on I.E.C activities and shall follow a separate set of guidelines since no regular collection and transport of garbage shall be undertaken in this area, except when certain situations necessitate special collection and transport as may be identified by the barangay officials.

SECTION 30. Qualifications of the Solid Waste Area Manager - The Solid Waste Area Manager shall:

a. Preferably be a resident of the Solid Waste Area assigned to

him/her;

b. Be taken from the personnel of the Clean and Green Section of the Waste and Pollution Management Division. In the absence of a qualified and available employee of the Section , the Area Manager may be taken from the personnel of the other sections within the Division of the CEMO; and

c. Preferably be a regular employee of the City Government.

SECTION 31. Duties and Responsibilities of the Solid Waste Area Manager (SWAM) - The Area Manager shall have the following duties and responsibilities:

a. Insures that the alleys, streets, sidewalks and pathways

within his/her area of jurisdiction are regularly cleaned and swept by the street cleaners;

b. Coordinates with the In-charge of each BMRF in his/her area regarding activities of barangay cleaners and their areas of responsibility, household collection schedule of the BMRF and schedule of collection by the CMRCF of solid wastes that the BMRF could not manage;

c. Supervises the proper collection of garbage from the BMRFs and the Strategic Principal Garbage Collection Points by the teams of city garbage collectors, seeing to it that no solid wastes are strewn on the streets or spilled from their containers during and after collection;

(Page 29 of Res. No. 09-373)

d. Coordinates with each homeowner, tenant, manager or

person-in-charge so that this and other related Ordinances shall properly be implemented;

e. Observes and executes the guidelines set by the Solid Waste and Pollution Management Division and the CHO on matters of health and sanitation as may be related with this Ordinance;

f. Exercises direct supervision over the street cleaners, garbage collectors and garbage truck drivers in his/her area of

Page 32: Solid Waste Code 2009-Dec 2009

responsibility, without prejudice to the administrative control by the Head of the Wastes and Pollution Management Division over such personnel, as defined by civil service laws, rules and regulations;

g. Reports to the Head of the Clean and Green Section or to the Head of the Waste and Pollution Management Division any tardiness, absences, misconduct, irregularities, anomalies by any of the personnel under his/her supervision and any infraction or violation of this Ordinance and other related laws, for appropriate remedial administrative or legal measures; and

h. Aside from the above-enumerated functions, the Area Manager is tasked with the following responsibilities in his/her area of responsibility:

h.a. The monitoring of all beautification programs undertaken by any office of the City Government;

h.b. The monitoring of the drainage and flood control programs of the national government, as well as, the reporting to the concerned authority (ies ) of the City Government, the activities of the DPWH personnel carrying out said programs ;

h.c. The monitoring of the adequacy of water supply and other activities related to the Iligan City Waterworks System;

h.d. The reporting to the concerned agency problems regarding repairs and maintenance of roads and illegal structures and constructions; and

h.e. The reporting and monitoring of street lighting problems.

SECTION 32. Cleaning, Collection and Transport Standard - All collection trucks, garbage truck drivers and street cleaners shall comply with the following standards:

1. Trucks must be in good body condition and equipped with tools and spare tire;

(Page 30 of Res. No. 09-373)

2. No sacks nor any eyesore must be seen hanging on the outside

of the trucks;

3. Trucks shall meet the emission standard set by the DENR, including smoke-belching standards;

Page 33: Solid Waste Code 2009-Dec 2009

4. All trucks shall be properly covered to prevent spillage of garbage and escape of odor while in transit from areas of collection to CMRF.

5. All trucks shall have complete tail lights, flasher, side mirror, plate number, tail gate, wiper, horn and a public address system;

6. All trucks shall be equipped with proper cleaning and clearing tools, e.g. brooms, dustpan, spade, shovel, etc. for cleaning and collecting spilled garbage;

7. Reckless, irresponsible driving and driving under the influence of alcohol, regulated and prohibited drugs shall not be allowed;

8. Drivers and loaders of a garbage truck should be responsible for its cleaning and proper parking after a day’s use;

9. Street cleaners, garbage collectors and drivers shall be required to wear proper uniform and I.D. cards prescribed by the CEMO and they must possess an annual health certificate issued by the City Health Office; and

10. The cleaners and/or garbage collectors shall empty and

return all containers with care in areas where it is allowed by the Board to be placed, such as in Strategic Principal Garbage Collection Points. They should not dent, bend or otherwise alter the condition of the container.

SECTION 33. Processing and Disposal at Materials Recovery Facilities - Different types of solid waste are managed by the Barangay MRFs or CMRCF as follows :

a. The biodegradables (compostables) shall be turned to compost (soil conditioner) and may be enriched by the addition of 15 % chicken dung, horse manure or any similar additive material, to increase the nitrogen content. This may be used by the barangay for its own use or sold to interested buyers;

b. The reusable/recyclable waste shall be sold to recyclers/junk stores or directly processed by the BMRF or CMRCF into useful products; and

c. The barangay is encouraged to form a cooperative within the community to handle these activities.

ARTICLE VIINCENTIVE PACKAGE FOR BEST

(Page 31 of Res. No. 09-373)

SOLID WASTE MANAGEMENT PRACTICE

SECTION 34. Barangay with Best Solid Waste Management Practice - The barangay solid waste management system adopted and

Page 34: Solid Waste Code 2009-Dec 2009

currently being practiced shall be in consonance with existing environmental laws & ordinances, such as R.A. 9003 and this Code. An Incentive Package is given by the City Government to the barangay/s with the “Best Solid Waste Management Practice”, in accordance with the scheme hereunder described:

A. Criteria for Availment

1. A comprehensive Solid Waste Management Plan shall be prepared by the barangay and duly approved by the city through the WPMD;

2. The barangay shall have been practicing best solid waste management for at least six (6) months and shall have achieved at least twenty five percent volume reduction of its solid wastes six months after the full operation of its MRF & Solid Waste Management System;

3. The barangay has an MRF with composting facility or clusterized with a barangay with an MRF with composting facility; and

4. Satisfactory compliance to R.A. 9003 and this Code.

B. Computation of Percentage of Incentive Package – The barangay shall receive an incentive package based on the volume reduction from baseline data at start of full operation of the BMRF and Barangay Solid Waste Management System, to wit:

1. 25 % reduction.....................Brgy. Garbage Fee Share (BGFS) of 40 % + 10 % out of city’s share = 50 % BGFS ;

2. 50 % reduction.....................Brgy. Garbage Fee Share (BGFS)

of 40 % + 20 % out of city’s share = 60 % BGFS ;

3. 75 % reduction or more……..Brgy. Garbage Fee Share (BGFS) of 40 % + 30% out of city’s share = 70 % BGFS .

C. Monitoring of the Incentive Package Scheme - The barangay that avails of the scheme shall:

1. Submit its Comprehensive Solid Waste Management Plan

to the WPMD for review and validation; and

2. Submit to the WPMD its Quarterly Accomplishment and Status Report.

D. Payment:

1. The awarding of the Incentive Package shall be made on a semestral or annual basis; and

(Page 32 of Res. No. 09-373)

2. The disbursement of the incentives shall follow the budgeting, accounting and auditing procedures of the Government.

Page 35: Solid Waste Code 2009-Dec 2009

E. Body Recommending or Discontinuing the Grant of Incentive Package – The Iligan City Solid Waste Management Board per recommendation of the Waste and Pollution Management Division of the CEMO shall :

1. Grant the Incentive Package after validation of the factual basis of the recommendation ;

2. Discontinue the grant of the Incentive Package upon failure to meet the required volume reduction and reversion of its Garbage Fee Share to its original share of 40 % or commensurate to the percentage of volume reduction as shown in ( B ) of this section ; and

3. Impose other conditions in compliance to new policies, laws

and regulations among others.

ARTICLE VIIHOSPITAL/HEALTH CARE FACILITY/FUNERAL PARLOR

WASTE MANAGEMENT SYSTEM

SECTION 35. Hospital Materials Recovery and Composting Facility - Hospitals are encouraged to have their own Materials Recovery and Composting Facility, subject to compliance of PD 856 (The Sanitation Code of the Philippines), all DOH and DENR guidelines and other related City Ordinances. It shall also have its own facility for taking care of hospital hazardous wastes. Any waste that are to be disposed of in the CMRCF shall be subject to the garbage fee prescribed herein.

SECTION 36. Handling - Personnel and patients shall be made fully aware of the need to exercise extreme caution when handling substances which are to be discarded as waste. Non-hazardous, non-infectious wastes are handled like ordinary biodegradable and non-biodegradable domestic or household wastes. Only hazardous, infectious hospital wastes are handled separately.

SECTION 37. Classification- Hospital, other health care facility and funeral parlor wastes are classified as follows:

a. Domestic/household waste ( non-hazardous and special waste );

b. Pathological waste ; c. Infectious waste ;

d. Pharmaceutical waste ;

e. Chemical waste ;

f. Sharps ;(Page 33 of Res. No. 09-373)

g. Pressurized container waste ; and

h. Radioactive

Page 36: Solid Waste Code 2009-Dec 2009

SECTION 38. Segregation and Color-coded Storage – Proper segregation and storage of various types of wastes generated shall be done to avoid any accident or hazard to personnel and, based on the Hospital Manual, a different color-coding scheme is followed, viz.:

a. Provision of color-coded plastic or metal receptacles:

1. Black - Non-infectious dry wastes ( Non-biodegradable- recyclable, re-usable & residual );

2. Green - Non-infectious wet waste (Biodegradable );

3. Yellow - Infectious & pathological waste, human parts, whether for biopsy or not ;

4. Yellow with black band – Chemical waste ;

5. Orange - Radioactive waste ; and

6. Red - Sharps , pressurized containers and other (household ) hazardous wastes .

b. Placing of plastic liner on color-coded receptacles. The

plastic liner could be of any color provided that when its full, prior to collection by the CMRCF vehicle, its mouth shall be tightly secured by any type of tie whose color corresponds to the color of the receptacle ;

c. Hazardous chemical waste shall be stored in glass or plastic container with tight cover to prevent spilling before it is placed in the color-coded receptacles ;

d. Pharmaceutical Wastes (expired medicines) are either liquid or tablet. The liquid medicines shall be disposed directly to the sink, while the tablets shall be pulverized and stored temporarily in a metal or plastic container prior to disposal ;

e. Radioactive waste shall be stored in an area not accessible to unauthorized persons and periodically returned to the supplier for appropriate disposal ;

f. Sharps (needles, blades, etc.) shall be stored in puncture-proof receptacles like can, hard plastic bottle & similar container before it is placed in a plastic bag and fastened with red tie prior to disposal to prevent any cut-accident ;

g. Pressurized container waste shall be handled and properly stored in a container made of tin can or metal, color coding of “ red “ and marked flammable. Storage shall be located in a room outside the hospital building and away from heat ;

(Page 34 of Res. No. 09-373)

Page 37: Solid Waste Code 2009-Dec 2009

h. Other ( household ) hazardous wastes like fluorescent lamps/bulbs & batteries shall be contained together with sharps and pressurized containers ;

i. Human parts/tissues which are for biopsy shall be immersed in 10 % formalin until it is ready for disposal; non-biopsy specimen (placenta, amputated limbs, etc.) shall be soaked in a tub or pail of preservative-disinfectant, like 5 % formalin to avoid decomposition prior to the scheduled weekly collection, or buried if a suitable area is available. On the scheduled date of collection, all tissues for disposal are removed from the formalin solution and placed in plastic bags and securely tied with yellow tie; and

j. Infectious waste ( used gauze, cotton balls, culture media, etc.) and pathological waste are similarly handled. It may be pre-treated by autoclaving before it is stored or it may be stored without pre-treatment. To insure the performance of pre-treatment, the container shall be sealed by an autoclave tape with visible black band as proof of adequate autoclaving.

SECTION 39. Storage Areas -The hospital and health facility management shall maintain adequate sanitary facilities for temporary storage of waste on its premises, with the following considerations:

a. A central storage area for accumulated waste shall be provided and maintained in sanitary condition;

b. Storage areas shall be located at a place designated, away from patient rooms, laboratory, operating room or any hospital functional areas;

c. Waste shall be stored and disposed of in a manner that will not permit the transmission of communicable diseases, create a nuisance or provide a breeding place for flies and other vermin;

d. Regular treatment with insecticides or disinfectant should be carried out within the area; and

e. For “bulk storage”, a metal bin, plastic bin or oil drum

located in a place within the hospital compound is necessary to keep accumulated waste collected by the hospital prior to collection by the CMRCF .

SECTION 40. Collection and Transport – The transport of hazardous, infectious hospital wastes to off- site disposal facility shall comply with the following:

a. Vehicle shall have a totally enclosed body; b. Only those which have been contained in appropriate color

– coded receptacles/bags shall be collected and transported;

c. Spillage shall be avoided; d. The vehicle shall be cleaned at the end of each working day;

Page 38: Solid Waste Code 2009-Dec 2009

(Page 35 of Res. No. 09-373)

e. Vehicle shall be marked “keep distance-hazardous, infectious hospital wastes ”; and f. Collection shall be done twice or once a week, as the need

arises

SECTION 41. Disposal – All types of hospital waste shall be collected by the City Government, managed properly and disposed of in a special area in the CMRCF, if the hospital does not have its own MRF. Pathological and infectious wastes, if not pre-treated, shall be autoclaved before being placed in burial vaults.

ARTICLE VIIIGARBAGE FEE

SECTION 42. Authority to Impose a Garbage fee - Pursuant to Chapter V, Section 47 of R.A. 9003, “Authority to Collect Solid Waste Management Fees”, the Local Government Unit shall impose fees in the amounts sufficient to pay the costs of preparing, adopting and implementing a solid waste management system prepared pursuant to this Act. The fees shall be based on the following criteria, whichever is applicable:

a. The aggregate floor or land area of the building , whether residential or non-residential;

b. The measurable volume of garbage to be disposed;

c. The bed capacity of a hospital or similar health facility;

d. The number and type of rooms in hotels, motels and similar establishments;

e. The seating capacity of movie houses, stadium and similar establishments;

f. The number of students in learning institutions;

g. The number of lanes/tables in bowling/billiard centers and similar establishments;

h. The number of contrivance in establishments with coin-operated machines; and

j. The number of units of computers in internet cafes and similar establishments.

SECTION 43. Imposition of Garbage Fee - In order to maintain an efficient and sustainable solid waste management system, institutions, industries, business and commercial establishments and households are required to pay a reasonable garbage fee. It shall be included in the assessment of business permit or real estate tax payment or incorporated in the water bill, whichever is practicable. For those who do not pay business permit or real estate tax or water bill, the barangay in coordination with the purok officials shall do a garbage fee mapping of households and provide the Waste and Pollution Management Division with

Page 39: Solid Waste Code 2009-Dec 2009

a copy of such mapping or survey. Payment shall be made to the City Treasurer or to the Deputized Barangay Treasurer.

(Page 36 of Res. No. 09-373)

SECTION 44. Amount of Garbage Fee: Hereunder are the rates of

garbage fee due by category:

I . ORDINARY NON-HAZARDOUS WASTES A. Non-Residential 1. Business, Trade Or Occupation

a. Watercraft companies, tour and travel agencies and other travel-related firm per sq. m. of work area occupied ……… 2.00

b. Amusement placesb.1. Establishments with coin operated

machines, amusement rides, shooting galleries and similar establishment with contrivances for the entertainment of the public (per contrivance) ……… 50.00b.2 Video game machine…….(per

machine)……… 50.00

b.3 Billiard or poll halls..… (per table) ……… 50.00b.4 Bowling establishments…(per lane ) ……… 50.00b.5 Cockpits ……… 1,000.00

b.6 Golf links and ranges ……… 1,000.00

b.7 Gymnasiums, stadia, sports complexes ……… 1,000.00b.8 Night/day clubs, discos, bars, beer

gardens, dance halls and other similar establishments-per sq. m. of work area occupied ……… 5.00

b.9 Resorts /swimming pools or other similar establishment with or without huts, sheds / cottages:

b.9.1. Main office/bldg. per sq. m. of work area ……… 2.00

b.9.2 Small huts/sheds-per hut/shed ……… 20.00

b.9.3 Cottages - per cottage ……… 30.00

b.10 Theaters or cinema houses with seating capacity of:

b.10.1 1,000 persons or more ……… 1,000.00b.10.2 500 persons or more but less than 1,000 ……… 800.00

b.10.3 200 persons or more but less than 500 ……… 600.00b.10.4 Less than 200 persons ……… 400.00

b.11 Membership clubs, associations, social clubs and other voluntary

associationsb.11.1 Not serving food and drinks

Page 40: Solid Waste Code 2009-Dec 2009

and no lodging facilities ……… 300.00

(Page 37 of Res. No. 09-373)b.11.2 Serving food and drinks

without lodging facilities ……… 400.00

b.11.3 Serving food and drinks with lodging facilities ……… 500.00

b.12 Tennis courts, badminton courts and similar firms ……… 400.00

b.13 Circuses, carnivals, fun houses and the like garbage collected ……… 200.00

c. Sauna baths , massage clinics & similar establishments - per cubicle ……… 50.00d. Barber shops, beauty shops & similar

establishments-per seat ……… 50.00e. Bakeries or bakeshops w/ an aggregate floor area of:

e.1. 1,000 sq. m. or more ……… 1,000.00e.2. 500 sq. m. or more but less than 1,000 ……… 800.00e.3 200 sq. m. or more but less than 500 ……… 600.00e.4 less than 200 sq. m ……… 400.00

f. Drugstores/pharmacies w/ an aggregate floor area of:f..1 1,000 sq. m. or more ……… 1,000.00f..2 500 sq. m. or more but less than 1,000 ……… 800.00f..3 200 sq. m. or more but less than 500 ……… 600.00f..4 100 sq. m. or more but less than 200 ……… 400.00f..5 less than 100 sq. m ……… 200.00

g. Internet Cafes and similar establishments- per unit of computer ……… 50.00

h. Financial Institutions-banks, lending/ financing houses, money changers, insurance company, pawnshops and similar establishments with an aggregate floor area of :

h.1 1,000 sq. m. or more ……… 1,000.00h.2 500 sq. m. or more but less than 1,000 ……… 800.00h.3 200 sq. m. or more but less than 500 ……… 600.00h.4 100 sq. m. or more but less than 200 ……… 400.00h.5 less than 100 sq. m ……… 200.00

i. Florists/ ornamental plants supplieri.1 500 sq. m. or more ……… 500.00i.2 200 sq. m. or more but less than 500 ……… 400.00i.3 100 sq. m. or more but less than 200 ……… 300.00i.4 less than 100 sq. m ……… 200.00

j. Funeral parlors with an aggregate floor area of:j.1 1,000 sq. m. or more ……… 1,000.00j.2 500 sq. m. or more but less than 1,000 ……… 800.00j.3 less than 500 sq. m ……… 600.00

Page 41: Solid Waste Code 2009-Dec 2009

(Page 38 of Res. No. 09-373)

k. Gasoline station or filling stations with an aggregate area of:k.1 1,500 sq. m. or more ……… 1,000.00k.2 1,000 sq. m. or more but less than 1,500 ……… 800.00k.3 less than 1,000 sq. m ……… 600.00

l. Lumber yard-sawmill with an aggregate area of:l.1 1,000 sq. m. or more ……… 1,000.00l.2 500 sq. m. or more but less than 1,000 ………

800.00l.3 less than 500 sq. m ……… 600.00

m. Market stallholders/stallm.1 Public ……… 100.00m.2 Private ……… 200.00

n. Tire recapping and vulcanizing shopsn.1 1,000 sq. m. or more ……… 500.00n.2 500 sq. m. or more less than 1,000 ……… 400.00n.3 less than 500 sq.m ……… 300.00

o. Media facilitieso.1 Newspaper, book or magazine

publicationo.1.1 Daily ……… 500.00o.1.2 Weekly ……… 400.00o.1.3 Book and other magazines ……… 300.00

o.2 Radio stations ……… 500.00o.3 TV Stations ……… 600.00

p. Peddlers, ambulant vendors/person ……… 50.00

q. Telephone companies or similar establishments/booth - per booth ……… 50.00

r. Terminal/garage for bus, taxi and other public utility vehicles with an aggregate floor area of:r.1 1,000 sq. m or more ……… 1,000.00r.2 700 sq. m. or more but less than 1,000 ……… 800.00r.3 500 sq. m. or more less then 700 ……… 600.00r.4 300 sq. m. or more less than 500 ……… 400.00r.5 less than 300 ……… 200.00

s. Hotels, motels, drive - inn, pension houses, apartels, boarding houses, lodging houses, dormitories and the like -per room

s.1. Hotelss.1.1. 5 & 4 star

a. Single bed ……… 30.00b. Double bed ……… 40.00c. Suite ……… 50.00

s.1.2. 3 stara. Single ……… 20.00b. Double bed ……… 30.00c. Suite ……… 40.00

Page 42: Solid Waste Code 2009-Dec 2009

(Page 39 of Res. No. 09-373)

s.1.3 2 and 1 stara. Single ……… 10.00b. Double ……… 20.00c. Suite ……… 30.00

s.2. Motels and drive inn - per room ……… 30.00s.3 Hostels, apartels, pension inns

s.3.1 With air cona. Single ……… 20.00b. Double ……… 30.00

s.3.2 Without air cona. Single ……… 10.00b. Double ……… 20.00

s.4 Boarding houses, lodging houses, dormitories, bed spacers per bed ……… 20.00

t. Hospitals, sanitaria & similar facilities (for domestic waste)/bed ……… 50.00

2. Other Business, Service Firm and Agencies not Specifically Mentioned Above

a. Administrative offices of professions - medical, dental, law, architect, engineers, CPA, etc ……… 300.00 b. General merchants, exporter, importers, distributors, wholesalers, re-packers, retailers with an aggregate floor area of:

b.1 1,000 sq. m. or more ……… 1,000.00b.2 500 sq. m. or more but less than 1,000 ……… 800.00b.3 200 sq. m. or more less than 500 ……… 600.00b.4 100 sq. m. or more less than 200 ……… 700.00b.5 50 sq. m. or more less than 100 ……… 600.00b.6 25 sq. m or more less than 50 ……… 500.00b.7 less than 25 sq. m. ……… 400.00

c. Manufacturers, producers, processors, brewers, distillers compounders with an aggregate area of:

c.1 2,000 sq. m. or more ……… 1,200.00c.2 1,500 sq. m. or more but less than

2,000 ……… 1,000.00c.3 1,000 sq. m. or more less than 1,500 ……… 800.00c.4 500 sq. m. or more less than 1,000 ……… 600.00c.5 200 sq. m.or more less than 200 ……… 400.00c.6 less than 200 sq. m ……… 200.00

d. Owners or operators of business establishments rendering services such as:

d.1 Aerobic, body fitness and slimming firmsd.2 Advertising agenciesd.3 Battery repair and machine shopsd.4 Beauty salon and barber shopsd.5 Haberdashers, tailoring & dress shopd.6 General contractors

Page 43: Solid Waste Code 2009-Dec 2009

(Page 40 of Res. No. 09-373)

d.7 Laboratory and testing firms d.8 Laundry shops/operatorsd.9 Manpower services/employment/ recruitment agenciesd.10 Photo labs-reproduction firmsd.11 Surveyors, appraisersd.12 Other similar services with an aggregate floor area of:

d.12.1 1,000 sq. m. or more ……… 500.00d.12.2 500 sq. m or more less but than 1,000 ……… 400.00

d.12.3 200 sq. m. or more less than 500 ……… 300.00d.12.4 100 sq. m. or more less than 200 ……… 200.00d.12.5 less than 100 sq.m ……… 100.00

e. Printing presses with an aggregate floor area of :

e.1 1,000 sq. m. or more ……… 1,000.00e.2 500 sq. m. or more but less than

1,000……… 800.00

e.3 200 sq. m. or more but less than 500 ……… 600.00e.4 less than 200 sq. m. ……… 450.00

f. Public eating places:f.1 Carenderia ……… 100.00f.2 Restaurants, refreshment parlors, snack and coffee shop with an aggregate floor area of :

f.2.1 1,000 sq. m. or more ……… 1,000.00f.2.2 500 sq. m. or more but less than

1,000 ……… 800.00f.2.3 200 sq. m. or more but less than 500 ……… 600.00f.2.4 100 sq. m. or more but less than 200 ……… 400.00f.2.5 50 sq. m. or more but less than 100 ……… 200.00f.2.6 less than 50 sq. m ……… 100.00

g. Real estate dealers and lessorsg.1 Subdivision operators/offices ……… 300.00g.2 Lessors of real state & commercial complexes (lessees are charged separately depending on the Category of its business/activity/service)

……… 300.00

h. Private cemeteries and memorial parksh.1 2 hectares or more ……… 1,000.00h.2 less than 2 hectares ……… 800.00

i. Rice and corn millersi.1 1,000 sq. m. or more ……… 1,000.00i.2 less than 1,000 sq. m ……… 800.00

j. Multiple business - highest rate plus 25 % or highest rate plus individual schedule per classification of business, whichever is higher

Page 44: Solid Waste Code 2009-Dec 2009

(Page 41of Res. No. 09-373

3. Institutions of Learning - This includes public and private institutions, whether full-time or part-

time, day or night, vocational or non-vocational, formal or non-formal and at any level, primary, secondary, tertiary or post-graduate, except those which are maintained by the city government and national government with no tuition fee - per student/pupil

……… 2.00

4. Any Government-Owned or Controlled Corporation - Per work area occupied ……… 2.00

5. ANY GOVERNMENT AGENCY & EXEMPT INSTITUTIO N - Per work area occupied ……… 1.50

6. Any Other Private Establishment Not Specified in (1) and (2) ……… 2.00

per sq. m. of work area occupied, or based on the other criteria on Section 36, whichever is applicable

B. RESIDENTIALa. 1,000 sq. m or more ……… 600.00b. 500 sq. m. or more but less than 1,000 ……… 500.00c. 200 sq. m. or more but less than 500 ……… 400.00d. 120 sq. m. or more but less than 200 ……… 300.00e. 80 sq. m. or more but less than 120 ……… 200.00f. 50 sq. m. or more but less than 80 ……… 100.00g. 30 sq. m. or more but less than 50 ……… 50.00h. less than 30 ……… Exempt

II. SPECIAL WASTES 1. Household hazardous …. 400.00/cu.m.or computed equivalent if less than 1 cu m2. Bulky waste …. 200.00/cu.m.or computed equivalent if less than 1 cu.m3. White Goods …. 200.00/cu.m.or computed equivalent if less than 1 cu.m4. Consumer electronics …. 200.00/cu.m.or computed equivalent if less than 1 cu.m5. Large yard waste …. 200.00/cu.m.or computed equivalent if less than 1 cu.m6. Large agricultural …. 200.00/cu.m or computed equivalent if less than 1 cu.m

Special Wastes are picked up on scheduled dates without any extra charge. If the generator requests for special hauling and not as per schedule, the generator shall pay, in addition to the special wasterate, the hauling costs from the place where the special waste is located to the disposal site. Hauling cost includes fuel consumption, labor cost and other related expenses. It shall be computed using the prevailing rate of fuel consumed and the labor costs.

III. HAZARDOUS/ PATHOLOGIC/ INFECTIOUS WASTES ( Hospitals, medical/dental clinics, free-standing laboratories and similar establishments ) …… P400.00/ cu.m. or computed equivalent if less than 1 cu.m.

Page 45: Solid Waste Code 2009-Dec 2009

SECTION 45. Time of Payment -The fees prescribed herein shall be paid annually on or before January 20, or quarterly at the end of each quarter, except in the last quarter wherein payment shall be made on the firstweek of December, except institutions of learning which shall pay within the first month after start of classes(Page 42 of Res. No. 09-373)

SECTION 46. Non-payment of Garbage Fee - The BMRF and/or CMRCF shall not collect the garbage of any household, establishment, institution, industry that fails to pay the garbage fee for three consecutive months. Collection is resumed only after proof is shown to the barangay and/or the WPMD that payment has been made.

SECTION 47. Punctuality in Payment of Garbage Fee - A household, institution & industrial/commercial establishment that pays the annual fee on or before January 20 shall be entitled to a 20% discount. SECTION 48. Use of Property for Residential and Commercial Purposes - A household owner who utilizes his/ her property both for residential and commercial purposes shall pay the garbage fee based on the residential rate or the specified business garbage fee whichever is higher.

SECTION 49. Exemption. The following shall be exempted from the payment of garbage fee:

a. Those establishments, institutions & households with their own collection and disposal system or are not serviced by the government may be exempted from paying garbage service fee, Provided, however, that their system of collection and disposal satisfies the minimum requirements for ecological solid waste management set by R.A. 9003 and by this Ordinance.

b. Barangay local government units shall be exempt from the payment of the garbage dumping fee, Provided, that the wastes dumped are not of the class that are brought to the Barangay Materials Recovery Facility or those class that can be recycled/re-used or composted in the barangay.

SECTION 50. Gradual Increase of Garbage Fee - On the third year on the imposition of garbage fee, the city may increase the garbage fee of not more than 10 % every three years. SECTION 51. Incentive to Households Doing Composting – The City Solid Waste Management Board shall recommend to the City Treasurer the grant of 50% discount of payable garbage fee to any household , establishment or institution that does total composting as reported by the Barangay Solid Waste Management Committee and validated by the Waste and Pollution Management Division. However, once composting is discontinued or significantly reduced based on the monitoring report of the WPMD, the discount granted shall immediately be revoked.

Page 46: Solid Waste Code 2009-Dec 2009

SECTION 52. Sharing of Garbage Fee - The garbage fee shall be shared between the Barangay and the City Government. Sixty Percent (60%) goes to the City Government and Forty Percent (40%) goes to the barangay, provided that the barangay operates an efficient MRF or clusterized with a barangay with an MRF. In a clustering scheme, the host barangay ( the barangay whose MRF is being used by other barangays ) shall negotiate with the barangay making use of its BMRF for an MRF User’s Fee, which may be taken from the Garbage Fee share of the barangay concerned.

SECTION 53. Promulgation of Implementing Rules and Regulations in the Imposition of Garbage Fee - The Office of the Treasurer is hereby mandated to promulgate Implementing Rules and Regulations to carry out and implement the provision of this Ordinance relative to collection of garbage fee .

(Page 43 of Res. No. 09-373)

ARTICLE IXPROHIBITED ACTS

SECTION 54 - Prohibitions- The following are prohibited :

1- General Prohibitions:

a. No person shall be allowed to throw or scatter any plastic or paper wrapper, (ice candy, biscuit, candy, cigarette, etc.), fruit peelings, seeds, leaves, corn cobs, cigarette butts, barbecue sticks, matchsticks, chewing gum, “tetrapacks ” foils, straw,

and other similar small items, whether as single or several items, on any sidewalk, streets, public alleys, canals, public plazas, parks, markets, ports, school grounds, churches, movie houses & other public places, rivers, creeks, drainage canals, seashore, coastal waters and private vacant lots;

b. It is unlawful for any person to strew handbills, posters, leaflets, brochures or any similar materials on streets, sidewalks, center islands, footwalks, alleys, pathways, plazas or other public places.

c. No person shall be allowed to pour out, scatter, or spill any garbage, rubbish, thrash, or waste material which had already been segregated and placed in sealed plastic bags and receptacles in any private or public place;

d. It is unlawful to mix source-separated recyclable materials with other solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal;

e. Unauthorized removal of recyclable material intended for collection by authorized persons is prohibited;

f. No person shall be allowed to throw or scatter, indiscriminately dump, discharge, pour out, unload, or spill out waste, refuse or garbage, whether solid or liquid, or of any other description, in large amount, whether loose or contained in bags of any material (plastic or paper), human and animal excreta, dead animals or animal carcass, and other offensive and obnoxious matters in any vacant

Page 47: Solid Waste Code 2009-Dec 2009

lot, yard, alleys, streets, sidewalks, seashore, coastal water, swamps, rivers, creeks, canals, underground drainage systems, and other public places;

g. It is unlawful for any person or group of persons to enter into contract or offer any service for a fee for the disposal of domestic waste to a group of household in a community, unless otherwise authorized and permitted by the City Government or homeowners associations in private subdivisions, in the form of livelihood projects to propagate reduction and re-use of waste;

h. Burning of garbage as a means of eliminating waste is prohibited, particularly the burning of rubber, plastic in any form, foils or similar materials, styropor or any other material that emits offensive odor and harmful air pollutants.

(Page 44 of Res. No. 09-373)

This also includes large-scale burning of agricultural wastes from farm harvest in preparation for the next planting season and in the gardens to eliminate large pile of dry leaves and weeds. The old practice of burning of a small heap of leaves to eliminate mosquitoes and other traditional beliefs is likewise prohibited;

i. Open dumping or burying of biodegradable or non-biodegradable materials in flood prone areas is prohibited;

j. It is unlawful to transport and dump in bulk collected domestic, industrial, commercial and institutional wastes in areas other than the solid waste facility of the city;

k. No person shall be allowed to spit, urinate, or defecate on any street, alley, sidewalk, pathway, footwalk, park, plaza, or any other public places, or in the case of urinating or spitting, on the walls and corridors of buildings;

l. No public utility vehicle (bus, jeepney, taxi, motorcab,

pedicab ) shall be allowed to ply within the boundary of Iligan City without garbage receptacles placed inside the vehicle.

m. No animal-drawn vehicle shall be allowed to use any street, alley, avenue, plaza, or park without providing the animal-drawn vehicle with a proper receptacle properly attached to the animal or vehicle for storing of the animal manure or refuse;

n. No owner of animal which had discharge its waste on any alley, street, sidewalk, plaza, or park shall be allowed to leave the area where the waste was discharged without properly collecting and disposing or causing to be collected and disposed the said waste;

o. It is unlawful to tamper, destroy, remove or deface materials posted by the City Government or the barangay relative to proper solid waste management in places as may be mandated in this Ordinance;

Page 48: Solid Waste Code 2009-Dec 2009

2. Prohibition in Households, Institutions, Health Facilities, commercial and Industrial Establishments

p. Not cleaning the immediate surroundings of the household, commercial establishments, institutions, industrial buildings, as defined in No. 30, Section 6, Article II of this Ordinance;

q. Causing or permitting the collection, transport and disposal of wastes which have not been segregated according to the classification and system of segregation as specified in No. 3, Section 23, Article V;

r. Disposal of garbage, refuse, or any form of waste from

dwellings, commercial and industrial establishments and other places covered under No. 3, Section 23, Article V, without putting it inside sealed plastic bags/sacks and properly tied with prescribed colored tie;

s. Disposal of waste outside of the scheduled time of collection and in any place outside of ones premises;

(Page 45 of Res. No. 09-373)

t. Disposal of special wastes, as categorized in No. 5, Section 6, Article II, with ordinary, non-hazardous biodegradable and biodegradable waste;

u. Mixing of infectious wastes from hospitals and other health facilities with non-infectious biodegradable and non-biodegradable waste;

v. Throwing of infectious wastes in any place not authorized by the City Government.

ARTICLE XCIVIL LIABILITIES/PENAL PROVISIONS

SECTION 55. Criminal Prosecution - Any person found guilty of violating any provision of the ordinance shall be punished by a fine, or a community service, or, upon conviction, imprisonment, as hereunder stipulated, and if the violation is committed by a juridical person, the manager or the person in-charge shall be held liable, to wit:

a. Any person who violates Section 54, letters (a), (b) and

(k), shall be punished with a fine of One Hundred Pesos (P100.00), or community service related to proper solid waste management for not less than 2 hours but not more than four (4) hours in the barangay where violation was committed, or, upon conviction, imprisonment of not less than one (1) day but not more than three (3) days, at the discretion of the court;

b. Any person who violates Section 54, letter (c), (d) or (e), shall be punished with a fine of Three Hundred Pesos (P300.00), or community service related to proper solid waste management for not less than six (6) hours but not more than eight (8) hours in the barangay where violation was committed, or, upon conviction, imprisonment of not

Page 49: Solid Waste Code 2009-Dec 2009

less than three (3) days but not more than five (5), at the discretion of the court;

c. Any person who violates Section 54, letter (f), shall be punished with a fine of Five Hundred Pesos (P500.00), or community service related to solid waste management for not less than one (1) day but not more than two (2) days in the barangay where the violation was committed, or, upon conviction, imprisonment of not less than five (5) days but not more than ten (10)days, at the discretion of the court;

d. Any person or group of persons who violate Section 54, letter (g), (h) or (i), shall be punished by a fine of not less than Three Hundred Pesos (P300.00), but not more than One Thousand Pesos (P1,000.00) or, upon conviction, imprisonment of not less than five (5) days but not more than ten (10) days, at the discretion of the court;

e. Any person who violates Section 54, letter (j), shall be

punished by a fine of Five Thousand Pesos (P5,000), or, upon conviction, imprisonment of not less than thirty (30) days but not more than three (3) months, at the discretion of the court;

(Page 46 of Res. No. 09-373)

f. Any person who violates Section 54, letter (l), (m), (n) or (o) shall be punished by a fine of Three Hundred Pesos (P300.00), or community service related to solid waste management for not less than six (6) hours but not more than eight (8) hours in the barangay where violation was committed, or, upon conviction, imprisonment of not less than one (1) day and not more than three (3) days, at the discretion of the court;(

g. Any person who violates Section 54, letter (p), (q), (r) or (s) shall be punished in accordance with the following:

Ist offense - Warning and home orientation on solid waste management;

2nd offense - Warning and seminar on solid waste management at the SWPMD Office;

3rd offense - Fine of Three Hundred Pesos (P300.00), or community service related to solid waste Management for not less than two (2) hours but not more than four (4) hours, or, upon conviction, imprisonment of not less than one (1) day but not more than two (2)days, at the discretion of the court;

4th offense - Fine of Five Hundred Pesos (P500.00); or, upon conviction, imprisonment of not less than two (2) days but not

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more than four (4) days, at the discretion of the court;

5th offense - Fine of One Thousand Pesos ( P1,000 ),

or upon conviction, imprisonment of not less than five (5) days but not more than fifteen (15) days, at the discretion of the court;

Succeeding offenses- same as 5th offense

h. Any person who violates Section 54, letter (t), (u) or (v), shall be punished in accordance with the following:

Ist offense - Warning & on-site orientation on solid waste management;

2nd offense - Warning and mandatory seminar and hands-on training on Solid Waste Management at the SWMPC Office;

3rd offense - Two Thousand Pesos ( P2,000.00 ), or, upon conviction, imprisonment of not less than ten (10) days but not more than fourteen (14) days, or both, at the discretion of the court;

Page 47 of Res. No. 09-373)

4th offense - Five Thousand Pesos ( P5,000.00 ), or, upon conviction, imprisonment of not less than fifteen (15) days, but not more than one (1) month, or both, at the discretion of the court;

5th offense - Five Thousand Pesos ( P5,000.00 ), or, upon conviction, imprisonment of not less than one (1) month, but not more than three (3) months, or both, at the discretion of the court;

Succeeding offenses – same as the 5th offense

SECTION 56. No Contest Provision – Any person, individual or entity who is apprehended or cited for violation and who does not wish to contest the violation and is willing to pay voluntarily the fine imposed upon him/her to the City or Barangay Treasurer in the nature of a Compromise Fee, or do the community service, shall do so to avoid being criminally prosecuted within six (6) hours from apprehension, otherwise the case shall be prosecuted. If the violator refuses to pay the compromise fee or do community service, the Local Chief Executive or his duly authorized representative may order the immediate arrest, detention and subsequent filing of the necessary criminal charges in court by the City Legal Office.

The City Treasurer, subject to Civil Service Laws, Rules and Regulations, is hereby directed to provide personnel or deputize personnel, to include the Desk Officers of all Police Precincts after

Page 51: Solid Waste Code 2009-Dec 2009

office hours, to insure that payments may be paid by any violator twenty hours (24) of the day, so as not to jeopardize the right of the offender to avail of the six (6) hour period within which the violator is required to avail of any compromise agreement, either to pay or render community service. SECTION 57. Violation of any Prohibited Act by a Minor Under 18 Years Old - The adult accompanying said minor shall be the one liable, and in the absence of any companion, the minor’s parents, or relatives within the 3rd degree of consanguinity, or in the absence of both, the offender, who does not pay the compromise fee, shall be subjected to the pertinent provisions of R.A. 9344, otherwise known as the Child Welfare Act. SECTION 58. Vehicle used in Committing Prohibited Acts - Any vehicle used in the collection, transport and disposal of any form of waste in areas not authorized by the City Government shall be impounded and released only upon settlement of the penalty or fine prescribed under the specific violation.

SECTION 59. Stealing of Garbage Vehicle and Communal Receptacle – Stealing of garbage vehicles (motorela, pedicab, trailer, etc.) and communal garbage receptacle shall, upon conviction be punished by an imprisonment of not less than one (1) month but not more than six (6) months, at the discretion of the court. SECTION 60. Other Prohibitions and Penalties Under R.A. 9003 - Other Prohibitions not specified in this Code, but prohibited under R.A. 9003 Section 48, Numbers 2, , 5, 7, 9, 10, 11, 12, 14, 15 and 16 shall be fined and penalized according to Section 49 of said Act.

(Page 48 of Res. No. 09-373)

ARTICLE XIIMPLEMENTING BODY AND ENFORCEMENT

SECTION 61. Implementation and Enforcement – Implementation and Enforcement of this Ordinance is primarily lodged with the Monitoring, and Enforcement Section of the Waste and Pollution Management Division which shall prepare guidelines in addition to the procedural requirements already enumerated hereunder, to wit: a. Each Barangay Council of Iligan City shall actively

participate in the implementation and enforcement of this Ordinance in order to make it more effective and successful. All Barangay Captains shall be deputized as City Environment Officers by the City Mayor;

b. The City Mayor shall deputize City Environment Officers who shall undergo training and seminar which covers subjects on basic health, sanitation and environmental protection, proper procedures on solid waste management and garbage disposal, relevant laws and ordinances, public relations, courtesy in apprehending violators, Code of Conduct and Ethical Standards of Public Officials and Employees, and other related subjects as may be necessary;

c. Only City Environment Officers duly authorized by the City Mayor shall be allowed to possess and issue Environmental

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Citation Tickets. Persons who may be deputized as City Environment Officers are: the City Health Officer, City Sanitary Inspectors, City Environment and Natural Resources Officer, all members of the PNP, Members of the Barangay Council, members of the City Security Unit, Barangay Tanods, Purok/Zone officials and other persons who may be deputized by the City Mayor because of the his/her trust and confidence. Barangay and Purok deputized enforcers are limited to their respective Barangay and Purok. Authority to issue citation tickets by Deputized City Environment Officers may be withdrawn anytime when the deputized enforcer is found to have abused his/her authority, remiss in the enforcement of the Ordinance, deliberately not enforcing any provision of the Ordinance because of illegal negotiation or compromise with the violator/s and display of conduct unbecoming of a Deputized Enforcer. Such Deputized Enforcer may also be subject to punishment as prescribed by applicable laws;

d. Environment Citation tickets shall be issued only when there is actual violation of this Code. Documentation such as pictures, sworn statements, etc. may be made by the Environment Officer on an optional basis;

e. The Environment Citation tickets shall be accomplished accurately and in full by filling out all the blank items appearing in the ticket form;

f. The City Environment Officer shall accomplish immediately a Citation Ticket in four ( 4 ) copies upon discovery of a violation. As soon as the ticket has been accomplished, the duplicate copy shall be given to the violator without delay and, depending upon the residence of the violator, the succeeding two paragraphs ( g ) and ( h ) are observed;

(Page 49 of Res. No. 09-373)

g. A“Violator” who is a resident of Iligan shall be brought to the office of the Barangay Captain of the area where the violation was committed and the triplicate copy of the Citation Ticket is given to the receiving clerk by the Environment Officer. The violator may opt to immediately pay the fine to the Barangay Treasurer or render community service, otherwise he/she shall appear before the Barangay Captain where the violation happened within seventy two (72) hours from receipt of the citation ticket for whatever settlement the violator may avail of as provided in Sections 55 and 56, Article X. Proof of residence of the violator in Iligan City shall be definitely established;

h. During office hours, the “Violator” who is a non-Iligan resident, visitor or just “passing through”, whether pedestrian or aboard a vehicle, shall be brought by the City Environment Officer to the office of the Barangay Captain where the violation is committed for whatever settlement the violator may avail of as provided in Sections 55 and 56, Article X. After office hours, Saturdays, Sundays and Holidays, the violator shall be brought to the nearest police precinct, for whatever settlement the violator may

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wish to avail of based on Sections 55 and 56. The triplicate copy is given to the concerned barangay or police precinct;

i. The quadruplicate ( 4th ) copy of the Citation Ticket shall be submitted by the City Environment Officer to the Office of the City Treasurer not later than five (5) in the afternoon on the day the violation was discovered/committed or the following day if violation was discovered/committed after office hours or on the first working day if the violation was discovered/committed on a Saturday, Sunday, or Holiday. The receiving clerk at the Office of the City Treasurer shall indicate the time and date the copy was received on the reverse side of the ticket, after which he shall affix his/her initial for confirmation;

j. In any instance, should there be resistance of whatever degree by the violator to the City Environment Officer, the assistance of the police shall be immediately sought for, and the police institutes necessary legal measures to enforce the Code; k. The original copy of the Environment Citation Ticket issued

by the City Environment Officer shall be retained by her/him for submission at the end of each month together with a summary of these issued Citation Tickets, to include the name, violation, penalty, date, barangay where violation was committed and Citation Ticket Number, to the City Treasurer’s Office, for the purpose of claiming the 50% incentive of fines paid out of Citation Tickets issued . A copy of this violation summary shall be submitted to WPMD for monitoring and statistics purposes;

l. The City Treasurer’s Office shall be responsible for the printing, custody, control and issuance of Environment Citation Tickets to authorized City Environment Officers;

(Page 50 of Res. No. 09-373)

m. Compensation for barangay residents designated by the barangay to assist in the strict monitoring and enforcement of this Ordinance shall be defined by the Brangay Council and may be taken from the barangay environmental fund account which is generated from the sale of recyclables, re-usables & compost, contribution from both domestic & foreign sources, donation, grants & from the barangay share from special funds derived from compromise fee under this Code;

n. To ensure strict compliance, a massive information dissemination drive about this Code and other related laws shall be continuously undertaken in all barangays and puroks and to various sectors of the city by the Waste and Pollution Management Division. The Committee on Environment and Natural Resources of the SangguniangPanlungsod, the City Solid Waste Management Board and the WPMD shall formulate plans relative to this campaign;

o. The Waste and Pollution Management Division shall closely

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monitor the volume of various types of waste delivered to the Barangay MRFs and Central MRF to determine the volume reduction or increase of waste generation and compliance to the segregation-at-source scheme per barangay;

p. The Environment Citation Ticket, as hereunder shown, shall be subject to changes as may be deemed necessary:

(Page 51 of Res. No. 09-373)

ARTICLE XIICOLLECTION OF COMPROMISE FEES AND INCENTIVES

SECTION 62. Collection of Compromise Fee – To facilitate collection of the compromise fees, the Barangay Treasurer shall be deputized by the City Treasurer to collect compromise fees from violators with corresponding official receipt issued for such payment. All fees collected by the Barangay Treasurer shall be remitted in full to the City Treasurer the next day, or the first working day if payment was made on a Saturday, Sunday or holiday. During Saturdays, Sundays or Holidays, payments may also be made at the Police Precinct covering the area where the violation was committed and such payment shall be remitted to the Treasurer’s Office the following day if it is a working day, or on the first working day if the violation was committed on a Saturday, Sunday or holiday.

Republic of the PhilippinesCity of Iligan

OFFICE OF THE CITY MAYOR CITY ENVIRONMENT CITATION TICKET NO._________

Establishment/Institution/Industry Household Individual

Last Name First Name Middle Name

___________________________________________________________ Address: ( House no., Street , Subd./ Purok., Brgy./ Town / City ) Place of violation: Date and time:________________________ ___________________________ _______________________________ Violator’s Signature

Name and signature of Enforcer

1st

1st 2nd 3rd 4 th 5th Fine Community service imprisonment

Iligan residents . Settlement of violation herein cited should be made immediately at the Office of the Barangay Captain of the barangay where violation was committed , or within three (3) days from receipt hereof. If violator decides to pay the fine, he may make his payment to the Barangay Treasurer concerned.

Non-Iligan residents - Settlement is immediately made at the Office of the Barangay Capt. or at the nearest police precinct after office hrs., Sat., Sunday & holidays

NOTICE is served that you have violated the provision of City Ordinance____________ NATURE OF OFFENSE01 Dirty frontage & immediate surroundings 07 Littering ( small items, leaflets, etc.02 Non-segregation /Improper receptacle/ 08 Littering ( large items), dumping Improper tying excreta, dead animals, etc.03 Putting out of residence prior to arrival of 09 Scattering/mixing segregated wastes vehicle for non- hazardous house waste 10 Unauthorized removal of recyclables04 Non-segregated/ Improperly segregated 11 Burning, dumping, burying garbage in hazardous/infectious waste flood prone areas05 Improper Storage System of 12 Transporting and dumping in bulk infectious/pathological waste 13 Urinating/defecating/spitting06 Indiscriminate disposal of special 14 Public utility vehicle/ tarttanilya wastes/hazardous household waste, w/out appropriate receptacle, discharge mixing infectious wastes with of animal waste on roads non-infectious wastes, throwing 15 Others ( specify)__________________ infectious wastes in prohibited area _______________________________

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SECTION 63. Incentives for the Barangay and Apprehending Persons - To strengthen enforcement of this Ordinance, an incentive shall be given to the barangay and the apprehending person, to wit:

a. Fifty Percent (50%) of the compromise fee shall be given to the Apprehending Officer;

b. Twenty Five Percent (25%) of the collected compromise fee

shall be given to the barangay, and

c. Twenty Five (25%) of the collected compromise fee shall be

retained by the City.

ARTICLE XIII

CITY APPROPRIATION

SECTION 64. Appropriations - For the initial operating expenses for the enforcement of this Ordinance, the sum of One Million Pesos (P1,000,000.00) is hereby appropriated out of the General Fund of the City Government of Iligan not otherwise appropriated. Subsequently, such sum as may be necessary to carry out its purpose shall be taken from the garbage fees collection of the City & compromise fees under its Special Fund Account.

ARTICLE XIVCREATION OF SPECIAL FUND

SECTION 65. Special Fund – There shall be created a Special Account, under the General Fund, for the deposit of the collections made from fines and compromise fees and which account shall be used solely for the purpose of granting award or incentive to the barangay Deputized Enforcers for apprehending any person or entity violating provisions of this Code.

ARTICLE XVINTERIM PERIOD

SECTION 66. Interim Period – In the interim, while the barangays have not yet fully operationalize their Barangay Materials Recovery Facility, the City Government, through the PSD, in the meantime that the WPMD of the CEMO is not yet re-organized in accordance with the provisions of this Ordinance, shall continue to manage the city and barangay solid waste management program, to include cleaning, collection, transport and final disposal.

(Page 52 of Res. No. 09-373)

SECTION 67. Barangay MRF and Solid Waste Management Plan - The Barangays are mandated to have their own functional Materials Recovery Facility and Solid Waste Management Plan on or before the end of year 2009. Failure to comply shall subject the respective barangay to the penal provisions defined in Republic Act 9003.

ARTICLE XVISEPARABILITY /REPEALING/EFECTIVITY CLAUSE

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SECTION 68. Clause - Should any provision of this Ordinance be declared illegal or unconstitutional by any competent jurisdiction, those part or provisions that are not declared as illegal or unconstitutional shall remain in full force and effect.

SECTION 69. Repealing Clause - Any or all ordinances of the City of Iligan, Executive Orders, Administrative Regulations or parts thereof which are contrary to or inconsistent herewith are hereby repealed, amended or modified accordingly.

SECTION 70. Effectivity Clause - This Code shall take effect after conducting the Mandatory Public Hearing involving all sectors of the community, approval by the Sangguniang Panlungsod and the City Mayor and thirty ays after its posting in conspicuous public places and Barangay Halls in the City of Iligan and its publication in a local newspaper with general circulation, pursuant to R.A. 7160, except Section VIII, Garbage Fee, which shall be imposed only one year after the implementation and full operation of the Central Materials Recovery Facility. During the period prior to effectivity, city-wide Public Information on the salient provisions of this Code, specially the provisions on Civil Liabilities/ Penalties and Imposition of Garbage Fee, shall be continuously conducted.

VOTING BY ROLL CALL: ABRAGAN, “Yes”; RUIZ, “Yes”; MAGLINAO, “Yes”; DALISAY, “Yes”; ANGHAY, “Yes”; BUSICO, “Yes”; ROVIRA, “Yes”; ZALSOS, “Yes”; AREOLA, “Yes”; LARRAZABAL, “Yes”; CRUZ “Yes” and PACAÑA, “Yes” .

CARRIED unanimously.

------------------------------The undersigned hereby attests to the adoption of the foregoing as

verified to by the Member-authors.

ATTY. ARTHUR LL. PADILLA Secretary to the Sanggunian

VERIFIED:

CHONILO O. RUIZ MOISES DALISAY JR. Member-Author Co-Author

ARIEL P. ANGHAYCo-Author

CERTIFIED:

HENRY C. DY City Vice Mayor, Presiding Officer

APPROVED:

LAWRENCE LL. CRUZ City Mayor