Ali Majendra Buan Lidasan

EXCERPT FROM THE MINUTES OF THE RADJAH BUAYAN SANGGUNIANG BAYAN PROVINCE OF MAGUINDANAO, IN ITS REGULAR SESSION HELD AT THE SANGGUNIANG BAYAN SESSION HALL ON FEBRUARY ___, 2017 PRESENT: HON. JONATHAN P. LUMENDA Municipal Vice Mayor/Presiding Officer HON. ABDULSAID U. LUMENDA Sangguniang Bayan Member HON. FAISAL J. LUMENDA -do- HON. SYED KAMAL REZA L. AMPATUAN -do- HON. BENJAMIN L. SAMBOLAWAN -do- HON. ALVIN M. DAGANDAL -do- HON. BAI NENITA S. MAKALAY -do- HON. ZENWAIN D. LUMENDA -do- HON. NASSER M. SABDULLAH -do- HON. DATU YACOB L. AMPATUAN -do- ABSENT: NONE By unanimous vote of the Sangguniang Bayan members who are present, the following City Ordinance was enacted on final reading: MUNICIPAL ORDINANCE NO. : ____ AN ORDINANCE ENACTING THE COLLECTION, SEGREGATION AND DESIGNATION/DISPOSAL OF SOLID WASTE BEING GENERATED IN THE MUNICIPALITY OF RADJAH BUAYAN WHEREAS, the government of the Municipality of Radjah Buayan recognizes the need to have a Solid Waste Management System for the Municipality, providing therein a systematic solid waste management process for household, business establishments and institutions, incorporating thereby waste related ordinances; WHEREAS, it is the responsibility of the municipal government to effectively and efficiently implement the Solid Waste Management System under Republic Act No. 9003 in its territorial jurisdictions; WHEREAS, Section 16 of the Local Government Code (RA 7160) also provides: “SEC. 16. General Welfare. – Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things. . . promote health and safety, enhance the right of the people to a balanced ecology, maintain peace and order, and preserve the comfort and convenience of their inhabitants.” [underscoring supplied.] WHEREAS, the unsystematic waste disposal by households and commercial establishments cause unsightly surroundings and spread of communicable diseases; WHEREAS, the practice of waste segregation to facilitate reuse and recycling does not only reduce the cost of collection and disposal of garbage but conserves the natural resources of materials and avoid wasteful consumption of goods; NOW THEREFORE, on motion of Honorable Syed Kamal Reza L. Ampatuan, duly seconded by Honorable Datu Yacob L. Ampatuan, be it ordained by the Sangguniang Bayan of the Municipality of Radjah Buayan that: ARTICLE I Section 1. TITLE: This Ordinance shall be known as “An Ordinance Enacting the Collection, Segregation, and Designation/Disposal of Solid Waste Being Generated in the Municipality of Radjah Buayan”. Section 2. DEFINITION OF TERMS: As used in this ordinance, the following terms shall mean: BIO-DEGRADABLE - Anything that originate from living things, whether animal, plant or human, which decomposes and reduced into fine particles by microorganism or enzymes, e.g. paper, wood, fruits, peels, left over, seed, fish, fowl innards and the like. BULKY WASTE - Waste that has large volume by itself, generally materials with a length of more than one meter e.g. refrigerator and other appliances, furniture, large branches of trees. COLLECTION - The gathering/collecting of stored waste, setting it out and hauling them to transfer stations or to other facilities. COLLECTION EQUIPMENT - Vehicle used in the gathering of stored waste set out for collection. COLLECTION SCHEDULE - Designated time given for the collection of waste in the route. CONSTRUCTION/DEMOLITION DEBRIS - Solid waste arising from construction and demolition of structure, such as earth mounds, dilapidated concrete, pieces of stones, rocks and woods, metal and plastic scraps. DISCHARGE OR SET OUT - Putting or setting out of stored waste set out for collection. ENVIRONMENTAL FRIENDLY MATERIALS - Products which are biodegradable and have no harmful effect to the environment such as paper plates, paper bags, paper caps, paper board-food packs and the like. GARBAGE COLLECTOR - Any person tasked to pick up stored waste set out for collection. IMMEDIATE SURROUNDING - Frontage or immediate vicinity of the house or establishment. JUNK DEALER - Any person engaged in recovering recyclable materials as a trade or business. LITTER - Waste improperly set out or scattered, with a volume of one (1) liter (1,000 ml) or less. NON-BIODEGRADABLE - Anything which comes from a non-living source which does not easily decompose, e.g. cans, metals, glass, bottles, plastics, styrofoam, rubber, cloth, fibers, feather, leather, hard shells and bones. PUSH CART/PEDICAB - Vehicles used for the collection or recyclable materials in every household and establishments to be sold to junk dealers. SCAVENGING - The act of opening stored waste set out for collection and disposal to retrieve recyclable or reusable materials. SELF-GENERATED WASTE - Waste that are generated by a house/establishment. SOLID WASTE - A non-liquid waste material arising from domestic or household. Or Any solid or semi-solid material resulting from human and animal activities that are considered useless, unwanted or hazardous, or any material that becomes waste only when a specific owner ceases to have use for it. SPECIAL COLLECTION - Collection outside of the regular garbage collection schedule, in compliance to the request or complaint received. STORAGE Isolation of waste from the environment to prevent health hazard and to facilitate collection. TOXIC & HAZARDOUS WASTE - Waste that is harmful to human beings, plants and animals and the environment, by reason of its quantity, concentration or physical, chemical or infectious characteristics. VACANT LOT - Any lot occupied, idle, abandoned, whether residential, commercial and industrial, not intended for open spaces, parks, playground, road, alleys and the like. YARD WASTE - Refers to wood, small or chipped branches, leaves, grass clipping, garden debris, vegetable residue that is recognizable as part of a plant or vegetable and other material accumulated by reason of trimming, pruning and weeding of plants and trees. ARTICLE II Solid Waste Management System Section 3. Basic Concepts Basically, any waste should be left in the place of purchase or in the household and no other person or individual in between has the obligation to keep that waste. All stores, establishments and households are required to have suitable trash receptacles to keep one’s garbage to be kept inside its premises and not on the sidewalk except during scheduled collection time. Section 4. Storage of Waste 4.1 Waste shall be stored only in the place of purchase or in the household. Under no circumstances shall waste be stored in any other place. Waste shall be stored only within the premises of the generator. On collection day, the waste may be placed immediately beside the fence of the owner. The waste shall be packed and tied to prevent scattering and spillage. 4.2 Waste shall be stored and set out for collection in a closed plastic bag or any appropriate container to avoid the entry of insect, pest and vermins, escape of bad odor; and spillage of leachate. Unpacked, improperly packed and spilled garbage shall not be collected. Spilled garbage due to improper packing shall not be collected. The owner shall be responsible in sweeping, cleaning and repacking of the spilled garbage and shall clean the mess caused by it. 4.3 Household toxic and hazardous waste (THW) shall be placed in a separate appropriate container and shall be disposed of in a specific manner in accordance with R.A. 6969. Broken glasses or lamps and other sharp objects shall be securely enclosed in hard cardboard with tie to prevent injury to handlers and rip and tear of bags/containers. Section 5. Discharge or Set Out of Waste for Collection 5.1 Waste shall be set out for collection only within the scheduled date and time of collection. 5.2 Household, commercial establishments and institutions shall set out their waste conspicuously only in front of their premises during the designated collection time. 5.3 Bulky waste shall be collected separately or scheduled for special collections. 5.4 No burning of waste shall be allowed at source. Section 6. Waste Collection System 6.1 Only the authorized garbage collector shall be allowed to handle the waste from the generators. 6.2 Waste collected shall only be transported directly to the prescribed disposal site. ARTICLE III Segregation of Solid Waste Refuse Into Bio-Degradable (wet) and Non Bio-Degradable (dry) SECTION 7. All owners, and the like of residential houses, commercial establishments, and other entities within the Municipality of Radjah Buayan are required to separate, sort-out their solid waste, refuse, garbage materials into Bio-Degradable (Nabubulok) and Non-biodegradable (Hindi Nabubulok). SECTION 8. Requirement of segregation for site collection: For individual household: Enclosed plastic bag. For commercial, institutional and industrial establishments: Owners/managers/head/person responsible for the operation shall be required to provide a designated area and separate containers for each type of recyclable materials. Solid Waste shall be disposed of in accordance with the procedures provided in Chapter II hereof. Section 9. Any person who possess unsegregated garbage during the time of garbage collection is presumed to be the violator under this chapter. ARTICLE IV Maintenance of Clean and Sanitary Frontage and Immediate Surroundings Section 10. Household owners/caretakers/tenants/establishment owners, managers or any person responsible for the operations of establishment within the Municipality of Radjah Buayan are required to maintain their frontage and immediate surrounding clean and sanitary. SECTION 11. Fees and Charges for special collection and disposal shall be paid by person/persons responsible for the generation of bulky waste at the rate to be determined by the Punong Barangay on a per volume basis. ARTICLE V Dumping and Littering of Waste Section 12. The dumping, placing, throwing, scattering of waste, refuse or garbage matters, papers, cigarette butts and the like, in any place in the streets or public building or property, including waterways, river banks not otherwise designated as garbage dumping place is hereby prohibited. ARTICLE VI Disposal Facility Section 13. Sanitary Landfill – A Sanitary Landfill shall be established by the Municipality in accordance with the schedule and guidelines prescribed in the Ordinance. ARTICLE VII Procedure   Section 14. Violations of the Ordinance – The following procedure shall be observed in case of violation of this Ordinance:   1. Apprehension; 2. Issuance of Citation Ticket; 3. Payment of fine or render community service depending on prescribed penalty; 4. Filing of case in court, if necessary; ARTICLE VIII Prohibitions and Penalties   Section 15. Prohibited Acts – In addition to the prohibitions contained in the above provisions, the following acts are likewise prohibited:   1. Littering or throwing of waste matters in public places. 2. Dumping of garbage in public and private places. 3. Non-segregation of solid waste at source. 4. Unscheduled bringing out of waste. 5. Open burning of solid waste   Section 16. Fines and Penalties – The following fines and penalties shall be imposed for violation of this Ordinance:   1. First Offense – P200.00 or 8 hours community service 2. Second Offense – P500.00 or 16 hours community service 3. Third Offense – P- or 40 hours community service 4. Fourth Offense – Imprisonment of  one (1) month to six (6) months at the discretion of the court. ARTICLE IX ENFORCEMENT Section 17. Enforcement – This Ordinance shall be enforced by the Philippine National Police (PNP) and Taskforce Kalilintad. ARTICLE X Provision for Implementation Section 18. The Municipal Mayor may issue subsequent rules, implementing guidelines and system of procedures. ARTICLE XI Miscellaneous Provisions Section 19. Separability Clause – If any provision of this Ordinance or the application of such provision to any person or circumstances is declared invalid, the remainder of the Ordinance or the application of such provision to other persons or circumstances shall not be affected by such declaration. Section 20. Repealing Clause – Other ordinances, executive orders, rules and regulations or parts thereof which are inconsistent with this Ordinance are hereby repealed or modified accordingly. Section 21. Effectivity – This Ordinance shall take effect fifteen (15) days after a copy hereof is posted in a bulletin board at the entrance of the municipal hall and in at least two (2) other conspicuous places and after publication in a locally circulated newspaper. APPROVED by the SANGGUNIANG BAYAN of the Municipality of Radjah Buayan this February ___, 2017. TONG A. CABO SB-Secretary ATTESTED: HON. JONATHAN P. LUMENDA Presiding Officer/Municipal Vice-mayor APPROVED BY: ENGR. ZAMZAMIN L. AMPATUAN, CESO I Municipal Mayor