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Republic of the Philippines Province of Negros Oriental

OFFICE OF THE SANGGUNIANG PANLUNGSOD City of Tanjay

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EXCERPT FROM THE JOURNAL OF THE SANGGUNIANG PANLUNGSOD SESSION ON : Date: February 19, 2010 Classification: Regular Session

RECORD OF ATTENDANCE: HON. NILO R. TAM

Vice-Mayor (O.B. Manila)

HON. ROLANDO R. TABALOC -Present HON. STEVE S. TEVES -Present HON. REYNALDO S. CONCEPCION -Absent HON. PLACIDO CESAR O. MAPA -Absent HON. KARL JUANITO M. CONDES -Present HON. JUVILO T. NAPAO -Present HON. ROSE C. BUMANGLAG -Present HON. LINDA M. DAEL -Present HON. LUISA A. VILLEGAS -Present HON. DENVER M. BOKINGKITO(ABC) -Present HON. ULDARICO MA A. RAMIREZ III -Present HON. A.J. WARRY C. ARNAIZ (SK) -Absent

RESOLUTION NO. 10-037

“WHEREAS, by virtue of Resolution No. 723, Series of 2009 of the Sangguniang Panlalawigan returned for compliance to the comments of the Chief of the Environment and Natural Resources Division of the Governor’s Office embodied in her 2nd Indorsement dated September 02, 2009 was Resolution No. 09-150 enacting Ordinance No. 07, otherwise known as The Tanjay City Integrated Ecological Solid Waste Management Ordinance of 2009;

“WHEREAS, after thorough study concerning the comments and recommendations of the Chief of the ENRD, the

SP Committee on Environment and Natural Resources per Committee Report No. 10-04 considered the same and thereby recommends revision of the Ordinance, inserting and deleting particular provisions;

“NOW THEREFORE, on motion of Member Honorable Steve S. Teves, seconded by Member Honorable Juvilo T. Napao, the Honorable Sangguniang Panlungsod,

RESOLVED and pass the following Ordinance, to wit:

ORDINANCE NO. 02

AN ORDINANCE REVISING ORDINANCE NO. 07, ENACTED UNDER RESOLUTION NO. 09-150, SERIES OF 2009 OF THE SANGGUNIANG PANLUNGSOD OTHERWISE KNOWN AS THE TANJAY CITY INTEGRATED

ECOLOGICAL SOLID WASTE MANAGEMENT ORDINANCE OF 2009 “Be it ordained by the Honorable Sangguniang Panlungsod, that:

ARTICLE 1

GENERAL PROVISIONS

“Section 1. TITLE – This ordinance shall be known as “The Revised Tanjay City Integrated Ecological Solid Waste Management Ordinance of 2010”

“Section 2. DECLARATION OF POLICIES – It is hereby declared the policy of the City to adopt and implement a comprehensive, integrated and ecological solid waste management program which shall:

a) Ensure the protection of public health and environment of the city; b) Set guidelines and targets for solid waste diversion and disposal; c) Utilize environmentally-sound methods for resources conservation and recovery; d) Ensure proper segregation, collection, transport, storage, treatment and disposal of solid waste through the

formulation and adoption of the best environmental practices in ecological waste management; e) Encourage greater participation of the private sector / community in solid waste management; f) Ensure the enforcement of solid waste management ordinances, rules and regulations, with the city

government at the forefront; g) Establish cooperative efforts with the national government, other local government units, non-government

organizations, academe and the private sector to ensure that solid waste management practices in the city are in accordance with ecologically sustainable development principles;

h) Encourage cooperation and self-regulation among waste generators; i) Strengthen the integration of the principles of ecological solid waste management into the academic

curricula of formal and non-formal education in order to promote environmental awareness in the city.

ARTICLE 2

DEFINITION OF TERMS

“Section 3. DEFINITION OF TERMS a) Biodegradable wastes – shall refer to wastes that originate from plant or animal sources. These includes fruit

wastes, vegetable wastes, fish wastes, meat wastes, green wastes, food wastes, paper waste, and biodegradable plastics. Other biodegradable wastes include human wastes, manure, sewage, slaughterhouse waste.

b) Bulky wastes - shall refer to waste materials which cannot be appropriately placed in separate container because of either its bulky size, shape or other physical attributes. These include large worn-out or broken household, commercial, and industrial items such as furniture, lamps, bookcases, filing cabinets, and other similar items;

c) Buy-back center - shall refer to a recycling center that purchases or otherwise accepts recyclable materials from the public for the purpose of recycling such materials;

d) Collection - shall refer to the act of removing solid waste from the source or from a communal storage point; e) Composting - shall refer to the controlled decomposition of organic matter by microorganisms, mainly

bacteria and fungi, into a humus-like product; f) Disposal - shall refer to the discharge, deposit, dumping, spilling, leaking or placing of any solid waste into or

in any land; g) Disposal site - shall refer to a site where solid waste is finally discharged and deposited; h) Ecological solid waste management - shall refer to the systematic administration of activities which provide

for segregation at source, segregated transportation, storage, transfer, processing, treatment, and disposal of solid waste and all other waste management activities which do not harm the environment;

i) Environmentally acceptable - shall refer to the quality of being re-usable, biodegradable or decomposable, recyclable and not toxic or hazardous to the environment;

j) Enforcers – shall refer to individuals who are deputized as Solid Waste Management Officer, these officers will be tasked to arrest violators as a result of the implementation and enforcement of this ordinance.

k) Generation - shall refer to the act or process of producing solid waste; l) Generator - shall refer to a person, natural or juridical, who last uses a material and makes it available for

disposal or recycling; m) Material Recovery facility - includes a solid waste transfer station or sorting station, drop-off center, a

composting facility, and a recycling facility; n) Person(s) - shall refer to any being, natural or juridical, susceptible of rights and obligations, or of being the

subject of legal relations; o) Post-consumer material - shall refer only to those materials or products generated by a business or

consumer which have served their intended end use, and which have been separated or diverted from solid waste for the purpose of being collected, processed and used as a raw material in the manufacturing of recycled product, excluding materials and by-product generated from, and commonly used within an original manufacturing process, such a mill scrap;

p) Receptacles - shall refer to individual containers used for the source separation and/or the collection of the different categories of solid waste;

q) Recovered materials - shall refer to materials and by-products that have been recovered or diverted from solid waste for the purpose of being collected, processed and used as a raw material in the manufacture of a recyclable product;

r) Recyclable material - shall refer to any waste material retrieved from the waste stream and free from contamination that can still be converted into suitable beneficial use or for other purposes, including, but not limited to, newspaper, ferrous scrap metal, non-ferrous scrap metal, used oil, corrugated cardboard, aluminum, glass, office paper, tin cans and other materials as may be determined by the Commission;

s) Recycled material - shall refer to post-consumer material that has been recycled and returned to the economy;

t) Recycling - shall refer to the treating of used or waste materials through a process of making them suitable for beneficial use and for other purposes, and includes any process by which solid waste materials are transformed into new products in such a manner that the original 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 under this Ordinance;

u) Residual Waste – shall refer to non-hazardous industrial waste. It includes waste material (solid, liquid, and gas) produced by industrial, mining, and agricultural operations. It excludes wastes from normal farming activities.

v) Re-use - shall refer to the process of recovering materials intended for the same or different purpose without the alteration of physical and chemical characteristics;

w) Segregation - shall refer to a solid waste management practice of separating different materials found in solid waste in order to promote recycling and re-use of resources and to reduce the volume of waste for collection and disposal;

x) Segregation at source - shall refer to a solid waste management practice of separating, at the point of origin, different materials found in solid waste in order to promote recycling and re-use of resources and to reduce the volume of waste for collection and disposal;

y) Solid waste - shall refer to all discarded household, commercial waste, non-hazardous institutional and industrial waste, street sweepings, construction debris, agricultural waste, and other non-hazardous/non-toxic solid waste.

Unless specifically noted otherwise, the term “solid waste” as used in this Ordinance shall not include; 1) Waste identified or listed as hazardous waste of a solid, liquid, contained gaseous or semisolid form

which may cause or contribute to an increase in mortality or in serious or incapacitating reversible illness, or acute/chronic effect on the health of persons and other organisms;

2) Infectious waste 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 and must therefore be isolated as required by public health agencies, laboratory wastes such as pathological specimens (i.e., all tissues, specimens of blood elements, excreta, and secretions obtained from patients or laboratory animals), and disposable fomites that may harbor or transmit pathogenic organisms, and surgical operating room pathologic specimens and disposable fomites attendant thereto, and similar disposable materials from outpatient areas and emergency rooms; and

3) Waste resulting from mining activities, including contaminated soil and debris.

z) Solid Waste Management - shall refer to the discipline associated with the control of generation, storage, collection, transfer and transport, processing, and disposal of solid wastes in a manner that is in accord with the best principles of public health, economics, engineering, conservation, aesthetics, and other environmental considerations, and that is also responsive to public attitudes;

aa) Solid Waste Management Facility - shall refer to any resource recovery system or component thereof; any system, program, or facility for resource conservation; any facility for the collection, source separation, storage, transportation, transfer, processing, treatment, or disposal of solid waste;

bb) Source separation - shall refer to the sorting of solid waste into some or all its component parts at the point generation;

cc) Special wastes - shall refer to household hazardous wastes such as paints, thinners, household batteries, lead-acid batteries, spray canisters and the like. These include wastes from residential and commercial sources that comprise of bulky wastes, consumer electronics, white goods, yard wastes that are collected separately, batteries, oil, and tires. These wastes are usually handled separately from other residential and commercial wastes;

dd) Storage - shall refer to the interim containment of solid waste after generation and prior to collection for ultimate recovery or disposal; ee) Toxic Waste – shall refer to waste materials that can cause death or injury to living creatures. It can Spread

quite easily and contaminate lakes and rivers. It also refers to hazardous waste or discarded materials that can pose a long-term risk to health or environment.

ARTICLE 3

ORGANIZATION

“Section 4. SOLID WASTE MANAGEMENT SECTION – There is hereby created a Solid Waste Management Section that will serve as the lead body in the implementation of the City’s Solid Waste Management Plan. The Solid Waste Management Section shall be under the City Environment and Natural Resources Division and shall be composed of the following:

a. Section Head 1. Sanitation Engineer (City Solid Waste Management Officer)

b. Staff: 1. Pollution Control Officer (SG 10) - 1 2. Environmental Technician III (SG 8) - 2 3. Environmental Technician II (SG 5) - 2 4. Environmental Worker (SG 4) – 20

“Section 5. QUALIFICATIONS AND COMPENSATION – The qualifications and compensation of the personnel of

the said Section shall be in accordance with the minimum requirements specified in the Civil Service Law.

“Section 6. POWERS AND FUNCTIONS OF THE SOLID WASTE MANAGEMENT SECTION – The Solid Waste Management Section shall serve as the lead office in the implementation of the City Solid Waste Management Plan under the Integrated Ecological Solid Waste Management (IESWM) Board. It shall have the following powers and functions:

a. Implement and manage the city’s Integrated Ecological Solid Waste Management (IESWM) program b. Monitor and evaluate the IESWM program c. Assist in planning activities for the IESWM program d. Serve as the secretariat of the City Integrated Ecological Solid Waste Management (IESWM) Board e. Organize groups or network related to the implementation of the IESWM program f. Evaluate and recommend approval or disapproval of permits for structures and activities related or relevant

to IESWM matters g. Assist or provide technical assistance to the IESWM board and other agencies relative to the conduct of

information drive on Solid Waste Management h. Conduct necessary studies i.e., time and motion study of collection routes, feasibility studies and

environmental impact assessment (EIA) related to waste collection; establishment of MRFs; composting; and waste disposal facility.

i. Provide technical assistance, logistics and training support to the Barangay LGUs and communities in the formulation of their respective SWM strategies and plans; and implementation, monitoring and evaluation of their respective SWM projects or plans

j. Formulate, review and refine SWM operational and enforcement procedures k. Conduct various IEC campaigns l. Periodically prepare reports and performance status and analysis of implementation and enforcement of

Solid Waste Management ordinances. m. Prepare annual work and financial plans and other pertinent documents. n. Index and keep records o. Serve as the clearing house of all projects/programs in the implementation of SWM programs of the LGU

and the private sector.

ARTICLE 4

THE CITY SOLID WASTE MANAGEMENT PLAN

“Section 7. INCORPORATION BY REFERENCE – The City Solid Waste Management Plan adopted and approved by the Sangguniang Panlungsod through Resolution No. 417 Series of 2004 is hereby incorporated by reference.

“Section 8. IMPLEMENTATION – The City Solid Waste Management Plan shall be implemented in accordance with the implementation strategy and schedule contained in the said Plan and the applicable provisions of this Ordinance.

ARTICLE 5

EDUCATION AND PUBLIC INFORMATION

“Section 9. IEC CAMPAIGNS – Information, Education and Communication campaigns shall be conducted in the City to be headed by IESWM Board. Fliers, leaflets, radio and television programs shall be utilized for the IEC campaigns.

“Section 10. INTEGRATION – There shall be required integration of key concepts and principles of ecological solid waste management in the curriculum of elementary and high school students in the City.

“Section 11. BUSINESS ESTABLISHMENTS – All business establishment owners shall be required to attend a Solid

Waste Management Seminar once a year prior to renewal of permits.

All business establishments shall also be required to post signs within their premises encouraging customers/clients to bring their own reusable bags and containers for their purchases.

ARTICLE 6

SEGREGATION OF SOLID WASTE

“Section 12. MANDATORY SEGREGATION OF SOLID WASTE – The segregation of solid waste shall be mandatory. Segregation shall be primarily conducted at the source to include households, institutional, industrial, commercial and agricultural sources. In addition to the penalty imposed in this Ordinance, unsegregated wastes shall not be collected.

“Section 13. CATEGORIES OF SOLID WASTE – Solid waste shall be segregated into the following categories: a. Biodegradable (compostable) b. Recyclable (to include reusable) c. Residual d. Special waste

“Section 14. REQUIREMENTS FOR SEGREGATION AND STORAGE OF SOLID WASTE – The sources of solid waste

as listed in Section 13 hereof shall have separate containers for each type of solid waste. The solid waste containers, depending on its use, shall be properly marked or identified for on-site collection. The containers shall be properly covered, secured or protected to prevent spillage or scattering of the waste and to ensure its containment. For bulky waste, it will suffice that the same be collected and placed in a separate container and in designate areas.

“Section 15. RECEPTACLES – All business establishments and other institutions like schools, churches, government and non-government institutions shall provide their own receptacles for the different categories of solid waste as listed in Section 8 hereof. However it excludes households in the provision of receptacles for solid waste. Household may use old or used sacks or they may purchase or buy receptacles at their own expense and put labels on it as to the type of waste.

Medium and large-scale establishments and other institutions shall provide larger types of containers, preferably with rollers.

The City shall provide color-coded receptacles for public places and terminals of public utility vehicles.

“Section 16. SPECIAL WASTE CONTAINERS – Special wastes shall be placed in transparent containers and

marked accordingly for easy identification.

“Section 17. ADDITIONAL REQUIREMENTS FOR PREMISES CONTAINING SIX (6) OR MORE RESIDENTIAL UNITS – The owner or person in charge of premises containing six (6) or more residential units shall provide for the residents a

designated area and containers in which to accumulate source separated biodegradable, recyclable, residual and special waste materials to be collected by the barangay or private collector. In addition, such owner or person in charge shall incorporate in the rules and regulations and shall notify the residents or occupants of such premises of the requirements of segregation at source.

“Section 18. ADDITIONAL REQUIREMENTS FOR ALL COMMERCIAL, INSTITUTIONAL AND INDUSTRIAL

ESTABLISHMENTS – The owners or heads of all commercial, institutional and industrial establishments shall provide a designated area and containers in which to accumulate source separated recyclable materials to be collected by the barangay or private collector. In addition, such owner or head of the institution shall notify all workers, employees, and entities working in the premises of the requirements of segregation at source. No scavenging or unauthorized collection in designated segregation containers or areas shall be allowed.

“Section 19. TOXIC AND HAZARDOUS WASTE – Hospitals, clinics, funeral parlors and such other establishments that generate toxic and hazardous waste shall be required to maintain specially designed septic vaults for the proper disposal of their toxic and hazardous waste.

“Section 20. REQUIREMENTS FOR SOURCES OUTSIDE THE COLLECTION AREA – The sources of solid waste that are not yet covered by the collection service of the City shall likewise be required to segregate their waste in accordance with this Ordinance. Biodegradable waste shall be composted while residual and special wastes shall be put in leak proof containers and placed in appropriate containment areas. The Solid Waste Management Section shall provide assistance to such sources or communities in the preparation/development of appropriate containment areas.

ARTICLE 7

MATERIALS RECOVERY FACILITY (MRF)

“Section 21. CENTRAL MRF – A central MRF shall be established by the City within the area of the disposal facility. The central MRF shall receive the recyclables and biodegradable type of wastes, which is sourced out from urban collection areas from all sources situated in the urban barangays. The facility shall be operated by the City and shall be called the City MRF or CMRF.

“Section 22. BARANGAY MRFS – An MRF shall be established in every barangay or cluster of barangays. The barangay MRFs may be operated by the barangay LGUs on their own or in partnership with the private sector.

“Section 23. MRFS – The MRFs shall receive recyclable and non-biodegradable wastes for final segregation, re-use and recycling.

ARTICLE 8

COLLECTION AND TRANSPORT

“Section 24. MANDATORY SEGREGATED COLLECTION AND TRANSPORT – Segregated collection and transport of solid waste shall be mandatory. There shall be different collection schedules for the different types or categories of solid waste. The collection of different types of waste on the same schedule may be allowed, provided that, separate collection vehicles or vehicles with compartments are used.

“Section 25. COLLECTION IN URBAN AND RURAL BARANGAYS – The City shall collect all types of solid wastes in

the urban barangays. In the rural barangays, the City shall collect only the residual and special wastes. The City shall establish a

common septic vault for the disposal of these wastes within the Sanitary Land Fill Site. Biodegradable wastes shall be composted while recyclables shall be deposited in the barangay MRF’s. In both urban and rural barangays, the City shall implement the “No Segregation, No Collection” Policy.

“Section 26. SCHEDULE OF COLLECTION – The City Government, through the Solid Waste Management Section of the City Environment and Natural Resources Division, shall prepare the schedule for the segregated collection and transport of the segregated waste from the different waste sources or generators. The collection schedule shall be thoroughly disseminated by the Solid Waste Management Section to the different waste sources or generators covered by the collection service.

Barangays with their own collection vehicles shall coordinate with the Solid Waste Management Section for

their schedule of collection of the segregated waste from the different sources or generators in the barangay.

Areas of Concern Types of Waste Time Day

1. All Public Places - City Hall - Plaza Central School - Rizal Park & Osmeña

Park - Public Market

Biodegradable and Residual Recyclable and Special Wastes

8:00 AM – 12:00 Noon 7:00 – 11:00 PM

Daily Daily

2. Barangays Poblacion 1 and 3


8:00 AM – 12:00 Noon 1:00 – 3:00 PM

Monday Monday



8:00 AM – 12:00 Noon 1:00 – 3:00 PM

Tuesday Tuesday



8:00 AM – 12:00 Noon 1:00 – 3:00 PM

Wednesday Wednesday

5. Barangays Poblacion 6 and Obogon


8:00 AM – 12:00 Noon 1:00 – 3:00 PM

Thursday Thursday

6. Barangays Poblacion 7, San Jose and Novallas


8:00 AM – 12:00 Noon 1:00 – 3:00 PM

Friday Friday

7. Barangays Poblacion 9, Tugas, Polo and Sta. Cruz Viejo


8:00 AM – 12:00 Noon 1:00 – 3:00 PM

Saturday Saturday

“Section 27. ALL WASTES TO BE COLLECTED SHALL REMAIN WITHIN THE PREMISES OF THE SOURCE OR GENERATOR AND SHALL ONLY BE BROUGHT OUT OF THE PREMISES DURING THE SCHEDULED COLLECTION TIME.

ARTICLE 9

COMPOSTING

“Section 28. COMPOSTING – Biodegradable waste from the public market and other sources such as churches, households, and commercial establishments shall be collected and transported to the City Composting Facility.

ARTICLE 10

DISPOSAL

“Section 29. CLOSURE OF CITY’S EXISTING OPEN DUMP – The City Government of Tanjay shall endeavor for the closure of the existing open dump at Sitio Candanque, Brgy.Azagra and shall formulate a closure plan subject to the approval of the Environmental Management Bureau (EMB) Department of Environment and Natural Resources (DENR).

“Section 30. ESTABLISHMENT OF SANITARY LANDFILL – The City shall establish a Sanitary Landfill in Sitio Candanque, Brgy.Azagra to be operated and managed by the Local Government Unit in the Year 2010. The establishment of the Sanitary Landfill shall be properly coordinated with the Mines and Geosciences Bureau (MGB) and the EMB of the DENR in term of the technical geological study shall be conducted prior to the actual commissioning of the area as site for the Sanitary Landfill. Likewise, the necessary Environmental Impact Assessment is conducted for the issuance of the required Environmental Compliance Certificate (ECC) before the Sanitary Landfill shall proceed with the operation.

The Sanitary Landfill shall contain the following support facilities:

1. Leachete Treatment Plan

2. Storm drain

3. Special Waste Containing System

4. Ground Water Monitoring wells

5. Gas Monitoring Wells

6. Office and Motor Poll

7. Light and Water

8. Perimeter Fencing and Tree Plantation

9. Green and Aesthetics

10. Roads and Open Spaces

“Section 31. ROLE OF LOCAL GOVERNMENT UNIT IN SANITARY LANDFILL – The Sanitary Landfill established by the Local Government Unit shall be managed and operated by the City through the City Environment and Natural Resources (C-ENRO). The LGU through the Integrated Solid Waste Management (IESWM) Board shall be the oversight and shall monitor the operations and management of the Sanitary Landfill. The role of the LGU shall include, but are not limited to the following:

1. Make sure that the establishment of the Sanitary Landfill is within the approval area and size; 2. Ensure that the construction of the Sanitary Landfill and its support facilities is in accordance with the LGU

approved plans, design and specifications; 3. Conduct regular monitoring and inspection of the management of leachete, gas emissions and ground water

contamination; 4. Ensure compliance with the ECC requirement and mitigating measures; and 5. Monitor the upkeep and overall operations and maintenance of the facility.

“Section 32. COLLECTION AND DISPOSAL IN REMOTE / INACCESSIBLE HOUSEHOLDS – For remote inaccessible households in the far flung Barangays of San Miguel, Sto. Niño, Pal-ew, Bahi-an, Sta. Cruz Nuevo and Sitio Camansi in Novallas where collection is impossible, residuals and special waste shall be treated in a special cell or a Residual Containment Area (RCA) to be established by the each remote barangays to be collected by the garbage collectors at least once in two (2) months or depending upon the volume of special and residual waste generated by the above mentioned Barangay, while biodegradable waste shall be composted by each household.

ARTICLE 11

INCENTIVES

“Section 33. COMMERCIAL ESTABLISHMENTS – Proper and due recognition in the form of special citations / non-fiscal incentives such as facilitation of business permits and other related licenses shall be given to commercial establishments using environment friendly materials for packaging and shall be awarded a one year exemption from payment of garbage fees.

“Section 34. BARANGAYS, PUROKS AND SCHOOLS – The city shall conduct an annual local “clean and green”

contest for barangays, puroks and schools. The mechanics for such contest shall be prepared by the IESWM Board.

“Section 35. ENFORCERS – Volunteer enforcers shall be awarded 50% of the collected fines and penalties while regular enforcers shall receive 25% of the collected fines and penalties for every apprehension made.

“Section 36. JUNKSHOPS – Proper and due recognition in the form of special citations / non-fiscal incentives shall be given to junkshop owners who shall buy back majority of recyclable and reusable materials. The mechanics for recognition shall be prepared by the IESWM Board.

ARTICLE 12

ORGANIZATION AND ENFORCEMENT SUPPORT SYSTEM

“Section 37. IDENTIFICATION AND CREATION OF ENFORCERS UNDER THE CITY ENVIRONMENT AND NATURAL RESOURCES OFFICE.

37.1 Enforcers shall be led by the Philippine National Police – Police Environment Desk Officer (PNP

PEDO) and the deputized Solid Waste Management Enforcers composed of three (3) groups.

a. Regular Enforcers b. Auxiliary Enforcers c. Volunteer Enforcers

37.2 Qualification of the Solid Waste Management deputized enforcers shall be prescribed by the

Head of the CENRO. However, the qualifications of enforcers shall be as follows:

a. Regular Enforcers shall consist of the SWM enforcement personnel of the SWM Office. b. Auxiliary Enforcers shall consist of the Barangay Official and Barangay Tanods. c. Volunteer Enforcers shall consist of member of the Civil Society Organization (NGO’s, Youth

groups, etc.), Purok Officials, and other concerned citizens. d. All enforcers shall be provided with Identification Card

“Section 38. TRAINING AND DEPUTIZATION OF ENFORCERS.

38.1 All enforcers are required to undergo training on the following:

a. Key component of the 10 Year IESWM Plan b. IESWM Ordinance c. Roles and functions of enforcers to be formulated by the IESWM-TWG. d. Procedure for apprehension and issuance of citation tickets. e. Reporting requirements. f. Other subject as the SWM Officer may deem necessary for effective enforcements. g. Shall be issued with Identification Card.

38.2 Only candidate enforcers shall be evaluated after the training and those who pass shall go

through a probation period of one (1) month as temporary enforcer. They shall then be evaluated again, if they pass, shall be deputized by the City Mayor. The deputization shall be effective for a period of one (1) year.

38.3 Only the candidate enforcers who complete and pass the training including the probationary

period shall be deputized by the Mayor upon the recommendation of the City Environment and Natural Resources Officer.

“Section 39. ISSUANCE OF CITATION TICKET AND PAYMENT OF FINES – Citation Tickets shall be issued to

violators of this Ordinance. Only the PNP PEDO and the deputized regular enforcers shall be authorized to issue Citation Tickets. However, selected auxiliary and volunteer enforcers may also be authorized to issue Citation Tickets. The Head of the SWM Office shall recommend to the Mayor who among the auxiliary and volunteer enforcers shall be authorized to issue Citation Tickets.

Fines for violation of this ordinance shall be paid only at the Office of the City Treasurer. Fines shall be paid or

community service shall be rendered, or the case may be within three (3) days from the issuance of the Citation Tickets.

ARTICLE 13

THE CITY SOLID WASTE MANAGEMENT FUND

“Section 40. ESTABLISHMENT OF THE FUND – There is hereby created, as a special account of the City of Tanjay

a City Solid Waste Management Fund to be administered by the City Integrated Ecological Solid Waste Management Board.

“Section 41. MANAGEMENT OF THE FUND – The City Solid Waste Management Board Shall develop pertinent

guidelines on the management of the Fund: Provided, That reporting on the status of the Fund shall be done in a transparent manner and subject to the usual government accounting and auditing procedures: Provided further, That a report on the Fund shall be submitted annually to the City Mayor and the Sangguniang Panlungsod by the City Integrated Ecological Solid Waste Management Board four (4) months after the end of each fiscal year.

“Section 42. SOURCES OF THE FUND – The City Solid Waste Management Fund shall be sourced from the following:

a) Donations, endowments, grants and contributions from domestic and foreign sources; b) The City allocation or share in the fines collected pursuant to Republic Act No. 9003 and its Implementing

Rules and Regulations; c) Fines collected pursuant to this Ordinance; d) Fees collected from provision of solid waste services such as collection, recycling and transport, among

others; e) Sub-contracting fees for SWM activities including management, transport and others; f) The amount allocated for waste management from the 20% City Development Fund.

“Section 43. USE OF THE FUND – The City Solid Waste Management Fund shall be used to support the

implementation of the City Solid Waste Management Plan, including endeavors that will enhance its implementation. These may include projects/activities on the following:

a) Products, facilities, technologies and processes to enhance proper solid waste management; b) Research activities; c) Information, education, communication and monitoring activities; d) Capability-building activities; and e) Other related SWM activities.

In no case shall the City Solid Waste Management Fund be used for the creation of positions or payment of salaries.

“Section 44. CRITERIA FOR ACCESSING THE FUND – The City Solid Waste Management Fund may be availed of

to fund SWM projects or activities based on the following criteria:

a) The project or activity proposed to be funded shall be based on the City Solid Waste Management Plan; b) Only one (1) project per proponent shall be eligible for funding support; c) A proponent may avail of the Fund once in every three (3) years but not for the same project or activity. d) Proponents belonging to the private sector and civil society groups shall be accredited by the City Integrated

Ecological Solid Waste Management Board. The process for accreditation shall be defined by the Board. e) Project/activity types under the following categories may be considered:

1. Solid waste management projects which catalyze investment from the private sector and/or other investors;

2. Innovative solid waste management approaches 3. Prototyping solid waste management models

f) The process for the availment of funds is completed.

“Section 45. LEVEL OF FUNDING – The level of funding for projects or activities proposed to be funded under the City Solid Waste Management Fund shall be determined and set by the City Integrated Ecological Solid Waste Management Board.

“Section 46. PROCESS FOR AVAILING THE FUND – The City Integrated Ecological Solid Waste Management Board shall promulgate the procedure or guidelines for availing the City Solid Waste Management Fund. In the promulgation of such procedure or guidelines, the board shall consider the general process for availing the local fund described in Appendix C of the Implementing Rules and Regulations of Republic Act No. 9003.

ARTICLE 14

SOLID WASTE MANAGEMENT FEES

“Section 47. SOLID WASTE MANAGEMENT FEES – There is hereby imposed a solid waste management fee for solid waste management services provided by the City in accordance with the schedule provided hereunder. The fees collected shall form part of the City Solid Waste Management Fund established under this ordinance.

“Section 48. COVERAGE – The Solid Waste Management fees imposed herein shall be collected from all sources

of solid waste covered by the solid waste management services provided by the City.

“Section 49. FEES FOR HOUSEHOLDS – Households shall pay a monthly solid waste management fee as follows:

a) Single detached unit:

aa. Concrete P 30.00/month bb. Semi-concrete P 25.00/month cc. Non-concrete P 20.00/month

b) Multiple units / apartment style: P 30.00/door/month

“Section 50. FEES FOR INSTITUTIONS – Institutions shall pay a monthly solid waste management fee as follows:

Type of Institution Amount Schools (public/private) P 30.00/month Churches P 30.00/month

“Section 51. FEES FOR ESTABLISHMENTS – Industrial, commercial and agricultural establishments shall pay a solid waste management fee in accordance with the schedule provided in the Tax Code of the City.

“Section 52. FEES FOR THE USE OF PUBLIC PLACES – A fee of P100.00 per event shall be collected for the use of

public places for activities such as, but not limited to, the following: a. public dance b. concerts c. film showing d. meetings/conferences e. programs f. rallies g. other social activities The fee shall be paid by the organizer of the event.

“Section 53. MANNER OF PAYMENT/COLLECTION – The fees imposed herein shall be paid directly to the City

Treasurers Office. “Section 54. NON-PAYMENT OF FEES – The City shall stop solid waste collection services for sources or

generators who fail to pay the solid waste management fees for three (3) consecutive months.

ARTICLE 15

PROHIBITIONS AND PENALTIES

“Section 55. PROHIBITED ACTS – The following acts are prohibited:

A. Prohibited Acts under this ordinance:

1. Littering, throwing, and dumping of solid wastes in public places such as, but not limited to roads, canals, esteros, parks and other non-garbage designated areas and establishments.

2. Intentional breaking of bottles and glass materials in public places like roads, parks, plazas, public market, auditoriums, etc.

3. Urinating, defecating, spitting and other unsanitary practices in public places. 4. Improper disposal of special wastes. 5. Dumping and Collection of non-segregated wastes. 6. Non-segregation of solid waste. 7. Collecting or causing or permitting the collection of unsegregated or unsorted wastes. 8. Bringing out of waste from the premises of the source or generator outside of the collection

schedule.

9. The absence of waste receptacles in all public utility vehicles. 10. Open burning of Solid Wastes. 11. Such other acts prohibited elsewhere in this Ordinance.

B. Prohibited Acts under RA 9003:

1. Undertaking activities or operating, colleting or transporting equipment in violation of sanitation operation and other requirements or permits set forth in or established pursuant to RA 9003

2. The open burning of solid wastes. 3. Causing or permitting the collection of non-segregated or unsorted wastes. 4. Squatting in open dumps or landfills. 5. Open dumping, burying of biodegradable or non-biodegradable materials in flood prone areas. 6. Unauthorized removal of recyclable material intended for collection by authorized persons. 7. The mixing of source-separated recyclable material with other solid waste in any vehicle, box,

container or receptacle used in solid waste collection or disposal 8. Establishment or operation of open dumps as enjoined in RA 9003, or closure of said dumps in

violation of Sec. 37 of RA 9003. 9. The manufacture, distribution or use of non-environmentally acceptable packaging materials. 10. Importation of consumer products packaged in non-environmentally acceptable packaging

materials. 11. Importation of toxic wastes misrepresented as “recyclable” or “with recyclable content”. 12. Transport and dumping in bulk of collected domestic, industrial, commercial and institutional wastes

in areas other than centers or facilities prescribed under RA 9003. 13. Site preparation, construction, expansion or operation of waste management facilities without an

Environmental Compliance Certificate required pursuant to PD 1586 and RA 9003 and not conforming to the Land Use Plan of the LGU.

14. The construction of any establishment within two hundred (200) meters from open dumps or controlled dumps or sanitary landfill.

15. The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir or watershed area and/or any portions thereof.

“Section 56. FINES AND/OR PENALTIES – Any persons or groups of persons, firms or corporations who violates

this Ordinance shall be penalized as follows:

1. First Offense – Fine of P100.00 with community service of 1 hour 2. Second Offense – Fine of P200.00 with community service of 2 hours 3. Third Offense – Fine of P500.00 with community service of 4 hours 4. Fourth Offense – Fine of P1,000.00 with community service of 8 hours 5. Fifth and Succeeding Offenses – Fine of P2,000.00 and imprisonment of not

less than one (1) month but not more than six (6) months at the discretion of the court.

“Section 57. PROCEDURE – The following procedure shall be observed in cases where violations of this

ordinance are committed: 1. Apprehension of the offender/violator; 2. Issuance of Citation Ticket; 3. Payment of fine or render community service depending on the prescribed penalty; 4. Filing of the appropriate case and prosecution in court, where the offender/violator refuses to pay the fine

and/or render community service.

ARTICLE 16

APPROPRIATION

“Section 58. APPROPRIATION – To effectively carry out the implementation of the City Solid Waste Management Plan and this Ordinance, the sum of one million pesos (Php 1,000,000.00) shall be appropriated from the General Fund for the first year of implementation of the City SWM Plan and this Ordinance. The budget for the subsequent years of implementation, which shall be based on the City Solid Waste Management Plan, shall be submitted by the City Environment and Natural Resources Division and shall be included in the Annual City Budget Ordinance.

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