ORDINANCE NO. 06
series of 2009
AN ORDINANCE ENACTING THE MUNICIPAL ENVIRONMENT CODE OF MIAGAO, ILOILO
[Authors: Hon. Raul F. Facon and Hon. Orlando S. Paulma]
[Sponsors: Hon. Santos N. Niñonuevo, Hon. Suzita M. Go, and Hon. Raul F. Facon]
Be it enacted by the Sangguniang Bayan in session assembled, that:
Section 1. TITLE AND SCOPE. This ordinance shall be known and cited as the Local Environment Code of Miagao. It covers all general administrative ordinances enacted over the years, Sangguniang Bayan resolutions and Ordinances as well as provisions from Executive Orders issued by the Local Chief Executive that partake the nature of ordinances relevant to the protection, conservation, utilization and management of the environment specifically along the areas of land, air, and water.
Section 2. STATEMENT OF PURPOSE. The purpose of the Code is to integrate the planning, implementation, monitoring and evaluation of programs, projects and activities on Land Resources Management, Solid Waste Management and Coastal Resources Management through effective and efficient legislative enacted with the end in view of attaining a healthy and sustainable environment for a better quality life of the people.
Section 3. RULES IN INTERPRETING THE CODE.
a. General rule. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as many have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to that peculiar and appropriate meaning.
b. Gender. Singular and Plural. Every word in the Code importing the masculine gender shall extend to and be applied to several persons or things as well as one person; and every word importing the plural number shall extend and be applied to one person or thing as well as to several persons or things.
c. Person. The word “person” shall extend and be applied to natural and judicial, persons such as firms, corporations, or voluntary associations, unless plainly inapplicable.
d. Tenses. The use of any verb in the present tense shall include the future when applicable.
e. Shall Have Been. The words “shall have been” include past and future cases.
f. Shall. “Shall” is mandatory.
g. May. “May” is permissive.
h. Reasonable Time or Notice. In all cases where any provision of this Code shall require any act to be done in a reasonable notice to be given, that reasonable time or notice shall mean such time only as may be necessary for the prompt performance of that duty, or compliance with that notice.
i. Computation of Time. When the Code refers to a day that means a working day for government offices beginning from 8:00 in the morning up to 5:00 in the afternoon. A month consists of 30 days except when the particular month shall be basis on counting time.
Section 4. ENVIRONMENT ASSESSMENT POLICIES. The Municipality of Miagao hereby adopts policies that will promote the environment – friendly activities of business, industry and settlements in the urban and suburbs as far as infrastructure and socials services is concerned.
It should be ascertained that any proposed project needing the approval of the Municipal Government of requiring the issuance of a permit would not cause any significant negative environment impact on the physical, biological, and socio- economic environment.
There shall be conducted a yearly inspection of business sites and premises to determine the preservation of the physical environment. Should there finding of the degradation, destructions or violations of the environment appropriate and immediate action shall be instituted to mitigate the effects of such environmental degradation and the full force of the law be applied to the violators.
Section 5. ENVIRONMENTAL IMPACT ASSESSMENT OR STATEMENT. Environmental Impact Assessment or Statement shall be required only from those industries certified by the Environmental Management Bureau (EMB), Department of Environment and Natural Resources (DENR) as requiring such statement or assessment as well as the other activities as may determined by HLURB and EMB-DENR as requiring such statement or assessment Major construction development activities maybe required by the Zoning Administrator or by the Local Government to submit an Environmental Impact Statement for view by the HLURB. The applicant shall submit the following requirements.
a. Detailed description of the proposed development or construction.
b. Detailed description of the physical, biological, social environment within which the development or construction will occur.
c. Detailed description of existing plan, which will be affected by the proposed description development action.
d. Detailed description of other actions planned.
e. Detailed description of probable direct and induced impact of the proposed action on the physical, biological, and social environment.
f. Special emphasis on diverse effects, long-term effects resource commitment
and cost-benefit analysis.
Section 6. BASES FOR ACTION. Considering the extent and complexity of environmental initiatives, the following local and international policy instruments and action programs are hereby considered to ensure an efficient, equitable and sustainable allocation, utilization, management and development of the municipality’s land resources, to wit:
a. The 1987 Constitution of the Philippines. The Constitution provides in Article II, Section 16 thereof that: “The State shall protect and advance the right of the people to balance and healthful ecology in accord with the rhythm and harmony of nature.”
b. The Philippine Environment Code of 1977 (Presidential Decree No. 1152).
c. The Philippine Clean Water Act of 2004 (Republic Act No. 9275).
d. The Ecological Solid Waste Management Act of 2000 (Republic Act No. 9003). Republic Act No. 9003, which provides that the State adopts a systematic, comprehensive and ecological solid waste management program.
e. The Clean Air Act of 1999 wherein it is stated that:
“The state shall promote and protect the global environment to attain the sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems. The state recognizes that the responsibility of cleaning the habitat and environment is primary area – based. Finally, the State recognizes that a clean and healthy environment is for the good of all and should therefore, be concerned of all.”
f. The Philippine Fisheries Code of 1998 (Republic Act No. 8850).
g. Section 484 of Republic Act No. 7160 otherwise known as the Local Government Code of 1991 provides for the appointment of an Environment and Natural Resources Officer (although optional) for the municipal, whose tasks include the formulation of measures for the consideration, assistance and support to the mayor in carrying out measures to ensure the delivery of basic services and provisions of adequate facilities relative to environment and natural resources services as provided for under Section 17 of the Local Government Code. Section 458 (a)(1)(vi), R.A. 7160, directs the Sangguniang Bayan to enact ordinances that will “protect the environment and imposed the appropriate penalties for acts which endanger the environment, such as dynamite fishing and other forms of destructive fishing, illegal logging and smuggling of logs, smuggling of natural resources products and endangered species of flora and fauna, slush and burn farming and other activities which result in pollution, acceleration of eutrophication of rivers and lakes or of ecological imbalance.
h. Rio Declaration (U.N. Conference on Environment and Development) Local Authorities Initiatives in Support of Agenda 21. Local authorities construct operate and maintain economic social environmental infrastructure oversee planning process, establish local environmental policies and regulation and assist in implementing national and sub- national environmental policies. As the local government is close to the people, they play a pivotal role in educating, mobilizing and responding to the public to promote sustainable development.
DEFINITION OF TERMS
Section 7. AS USED IN LAND RESOURCES MANAGEMENT. The following terms are conceptually and/or operationally defined as follows:
1. Agricultural Zone (AGZ) – an area within the municipality intended for cultivation/fishing and pastoral activities, e.g. fish, farming, cultivation of crops, goat/cattle raising, etcetera.
2. Agro-Industrial Zone (AIZ) – an area within the municipality intended primarily for integrated farm operations and related product processing activities such as plantation for bananas, pineapple, sugar etc.
3. HLURB/BOARD – shall mean the Housing and Land Use Regulatory Board
4. Buffer Area – these are yards, parks or open spaces intended to separate incompatible elements or uses to control pollution/nuisance and for identifying and defining development areas or zones where no permanent structures are allowed.
5. Built-up Area – a contiguous grouping of ten (10) or more structures.
6. Central Business District – shall refer to areas designated principally for trade, services and business purposes (Commercial 1 Zone).
7. Certificate of Non-Conformance – certificate issued to owners of all uses existing prior to the approval of the Zoning Ordinance which do not conform in a zone as per provision of the said Ordinance.
8. Compatible Use – uses or land activities capable of existing together harmoniously e.g. residential use and parks and playground.
9. Comprehensive Land Use Plan (CLUP) – a document embodying specific proposals for guiding, regulating growth and/or development. The main components of the Comprehensive Land Use Plan in this usage are the sectoral studies i.e. Demography, Socio-Economic, Infrastructure and Utilities, Local Administration and Land Use.
10. Conflicting Uses – uses or land activities with contrasting characteristics sited adjacent to each other e.g. residential units adjacent to industrial plants.
11. Conforming Use – a use which is in accordance with the zone classification as provided for in this Code and the Municipal Zoning Ordinance.
12. Easement – open space imposed on any land use/activities sited along waterways, road-right-of-ways, cemeteries/memorial parks and utilities.
13. Environmentally Critical Areas – refers to those areas which are environmentally sensitive and are listed in Presidential Proclamation 2146 dated December 14, 1981.
14. Environmentally Critical Projects – refers to those projects which have high potential for negative environmental impacts and are listed in Presidential Proclamation 2146 dated December 14, 1981.
15. Exception – a device which grants a property owner relief from certain provisions of the Municipal Zoning Ordinance where because of the specific use would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money.
16. Floor Area Ratio or “FAR” – is the ratio between the gross floor area of a building and the area of the lot on which it stands, determined by dividing the gross floor area of the building and the area of the lot. the gross floor area of any building should not exceed the prescribed floor area ratio (FAR) multiplied by the lot area. the far of any zone should be based on its capacity to support development in terms of the absolute level of density that the transportation and other utility networks can support.
17. Forest Zone (FZ) – an area within a municipality intended primarily for forest purposes.
18. General Commercial Zone (GCZ) – an area within the municipality for trading/services/business purposes.
19. General Institutional Zone (GIZ) – an area within the municipality principally for general types of institutional establishments, e.g. government offices, schools, hospital/clinics, academic/research, convention centers.
20. General Residential Zone (GRZ) – an area within the municipality principally for dwelling/housing purposes.
21. General Zoning Map – a duly authenticated map delineating the different zones in which the whole municipality is divided.
22. Gross Floor Area (GFA) – the GFA of a building is the total floor space within the perimeter of the permanent external building walls, occupied by:
vertical penetrations, which shall mean stairs, fire escapes, elevator shafts, flues, pipe shafts, vertical ducts, and the like, and their enclosing walls;
rest rooms or toilets;
machine rooms and closets;
storage rooms and closets;
covered balconies and terraces;
interior walls and columns, and other interior features, but excluding:
covered areas used for parking and driveways, including vertical penetrations in parking floors where no residential or office units are present;
uncovered areas for ac cooling towers, overhead water tanks, roof decks laundry areas and cages, wading or swimming pools, whirlpools or jacuzzis, gardens, courts or plazas.
23. Heavy Industrial Zone – a subdivision of an area principally for the following types of industries:
a. highly pollutive/non-hazardous
b. highly pollutive/hazardous
c. highly pollutive/extremely hazardous
d. pollutive/extremely hazardous
e. non-pollutive/extremely hazardous
24. High Density Commercial Zone – an area within the municipality intended for regional shopping centers such as large malls and other commercial activities which are regional in scope or where market activities generate traffic and require utilities and services that extend beyond local boundaries and requires metropolitan level development planning and implementation. high rise hotels, sports stadium or sports complexes are also allowable in this zone.
25. High Density Residential Zone – a subdivision of an area principally for dwelling/housing with a density of 66 or more dwelling units per hectare.
26. Innovative Design – introduction and/or application of new/creative designs and techniques in development projects e.g. Planned Unit Development (PUD), Newtown, etc.
27. Light Industrial Zone – a subdivision of an area principally for the following types of industries:
28. Locational Clearance – a clearance issued to a project that is allowed under the provisions of the Municipal Zoning Ordinance as well as other standards, rules and regulations on land use.
29. Low Density Residential Zone – an area within the municipality principally for trade, services and business activities ordinarily referred to as the Central Business District.
30. Low Density Residential Zone – an area within the municipality principally for dwelling/housing purposes with a density of 20 dwelling units and below per hectare.
31. Medium Density Commercial Zone – an area within the municipality with quasi-trade business activities and service industries performing complementary/supplementary functions to principally commercial zone.
32. Medium Density Residential Zone – an area within the municipality principally for dwelling/housing purposes with a density of 21 to 65 dwelling units per hectare
33. Medium Industrial Zone – an area within a city or municipality principally for the following types of industries
34. Mitigating Device – a means to grant relief in complying with certain provisions of the Municipal Zoning Ordinance.
35. Non-Conforming Use – existing non-conforming uses/establishments in an area allowed to operate inspite of the non-conformity to the provisions of the Municipal Zoning Ordinance subject to certain conditions therein.
36. Parks and Recreation Zone (PRZ) – an area designed for diversion/amusements and for the maintenance of ecological balance of the community.
37. Planned Unit Development (PUD) – it is a land development scheme wherein project site is comprehensively planned as an entity via unitary site plan which permits flexibility in planning/design, building sitting, complementarity of building types and land uses, usable open spaces and the preservation of significant natural land features.
38. Rezoning – a process of introducing amendments to or a change in the text and maps of the zoning ordinance. it also includes amendment or change in view of reclassification under section 20 of RA 7160.
39. Rural Area – area outside of designated urban area.
40. Setback – the open space left between the building and lot lines.
41. Socialized Housing Zone (SHZ) – shall be used principally for socialized housing/dwelling purposes for the underprivileged and homeless as defined in RA 7279.
42. Special Institutional Zone (SIZ) – an area within the municipality principally for particular types of institutional establishments e.g. welfare homes, orphanages, home for the aged, rehabilitation and training centers, military camps/reservation/bases/training grounds, etc.
43. Tourist Zone (TZ) – are sites within the municipality endowed with natural or manmade physical attributes and resources that are conducive to recreation, leisure and other wholesome activities.
44. Urban Areas – include all barangays comprising the poblacion, central business district (CBD) and other built up areas including the urbanizable land in and adjacent to said areas and where at least more than fifty (50%) of the population are engaged in non-agricultural activities. CBD shall refer to the areas designated principally for trade, services and business purposes.
45. Urban Zoning Map – a duly authenticated map delineating the different zones into which the urban area and its expansion area are divided.
46. Urbanizable Land – area designated as suitable for urban expansion by virtue of land use studies conducted.
47. Variance – a Special Location Clearance which grants a property owner relief from certain provisions of the Municipal Zoning Ordinance where, because of the particular, physical surrounding, shape or topographical conditions of the property, compliance on height, area, setback, bulk and/or density would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money.
48. Warehouse – refers to a storage and/or depository of those in business of performing warehouse services for others, for profit.
49. Water Zone (WZ) – are bodies of water WITHIN CITIES AND MUNICIPALITIES which include rivers, streams, lakes and seas except those included in other zone classification.
50. Zone/District – an area within a city or municipality for specific land use as defined by manmade or natural boundaries.
51. Zoning Administrator/Zoning Officer – a municipal/city/government employee responsible for the implementation/enforcement of the Zoning ordinance in a community.
52. Zoning Ordinance – the Municipal Ordinance No. 1, series of 2002 of the municipality.
Section 8. AS USED IN SOLID WASTE MANAGEMENT. The technical terms used in this ordinance shall be defined as follows:
1. Agricultural Waste – refers to waste generated from planting or harvesting of crops, trimming or pruning or plants and wastes or run-off materials from farms or fields.
2. Biodegradable – any material that can be reduced into finer particles (degraded or decomposed) by microbiological organisms or enzymes (synonymous with compostable).
3. Biogas Digester – are of two kinds: the “poso negro” Taiwan type or the above-ground portable Valderia model. Biogas is a mixture of methane, carbon dioxide and traces of inert gases produced by the fermentation of animal manure and other organic wastes in an airtight digester chamber.
4. Compost – decayed organic material for use as soil conditioner or fertilizer
5. Composting – biological degradation under controlled conditions; the process of making biodegradable such as food wastes, animal waste, human waste, into compost by mixing them with soil, water, biological additives-activators (optional) and air.
6. Disposal Site – refers to a site where solid waste is finally discharge and deposited.
7. Domestic Waste – is the refuse from households, as distinguished from industrial waste, agricultural waste, hospital waste, etc. which may be classified as biodegradable (compostable) or non-biodegradable (no-compostable).
8. Enzymes – a protein produced by cells with substances to initiate or accelerate chemical reactions in plants or animal matter, acting like an organic catalyst.
9. Factory Returnable – all non-biodegradable, non-compostable such as tin cans, metals, bottle/glass including broken pieces, plastic/styrofoam/rubber/dry paper/dry cardboard/dry cloth/fibers/leather/feather/hard shells/hard bones, etc. which are segregated in separate containers or placed in one sack (cans, bottles, containers already rinsed) and are sold/given away to collectors.
10. Feed Materials – all food waste, peelings, veggie trims, fish entrails, fowl innards, spoiled fruits, leftovers, egg shells, rice/fish/meat washing, etc. that should be collected and kept in covered containers, hog/chicken/duck/ pets/fish feeds.
11. Fermentable – fruit peelings, spoiled or over-ripe fruits, juicers, e.g. buko juice, etc. are made into vinegar, wine or “nata de coco,” “nata de piña”, etc.
12. Fertilizer Materials – all compostable or biodegradable such as garden waste (manure, carcases), human waste (feces, urine, blood, all excreta, soiled wipes, pads, diapers (remove plastic portions), etc. are made into compost for organic gardening.
13. Filling Materials – if efforts are exerted to find, not only the maximum but also the optimum use of waste, hardly any will be left as filling material. Such materials may be compacted, mixed with rice chaff and “binder” and use for appropriate construction projects.
14. Fine Crafts – many of the non-biodegradable could be used as materials for handicrafts, cottage industries, art works, toys, and other livelihood projects such as paper mache, paper basketry, tin craft, metal craft, plastic twine or rope braids, feather crafts, wooden crafts, even “lahar” craft. Styrofoam melted in small amount of gasoline solvent provides cheap glue or “binder” for many of the projects.
15. Food Material – includes certain kinds of seeds, pulp, peelings that are made into pickles, “sweet” or candies or snacks.
16. Functional Facilities/Equipment – useful equipment/facilities devised or created from discards, throwaways, junks, scraps e.g. chairs, tables, doormats, play equipment from rubber tires, roofing from milk cans, flower pots, “planters” from plastic bags, sacks, containers, etc.
17. Generation – refers to the act or process of producing solid waste
18. Green Charcoal – another form of fuel or grass charcoal, manufactured from compostable, organic, cellulotic material with the use of enzymes to break down the lining or binding material, after which it is molded and dried then used in charcoal fed sloves.
19. Hazardous Waste – special types of waste containing chemical, biological and radiological elements, which are harmful to human health.
20. Hog/Swine – refers to a pig after weaning age.
21. Landfill Leachate – the downward scooping of water through the landfill carrying with it the dissolved water-soluble contents of the waste, which may be collected by the underground drainage of water system.
22. Lime Treatment – refers to the application of lime to waste materials.
23. Open Garbage Dump – refers to a disposal area wherein the solid wastes are indiscriminately thrown or disposed of without due planning and consideration for environmental and health standards.
24. Putrescible – a substance that decomposes at a certain temperature in contact with air and moisture, generally contains nitrogen.
25. Receptacle – refers to individual containers used for the source separation and the collection of recyclable materials.
26. Recycling – the reuse, retrieval, decommission of elements/matter for any all purposes necessary to healthful and productive living’ the process by which wastes materials are transformed into new products in such a manner that the original products may loss their identity.
27. Low Density Residential Zone (R-1) – an area within a city or municipality principally for dwelling/housing purposes with a density of 20 dwelling units and below per hectare.
28. Medium Density Residential Zone (R-2) – an area within a city or municipality principally for dwelling/housing purposes with a density of 21 to 65 dwelling units per hectare.
29. High Density Residential Zone (R-3) – a subdivision of an area principally for dwelling/housing purposes with a density of 66 or more dwelling units per hectare.
30. Resource Recovery – the extraction of materials or energy from wastes.
31. Solid Waste – this includes thrown away, such as garbage, rubbish, trash, litter, junk, and refuse from any source (homes, businesses, farms, industries or institutions); this is a discarded materials with insufficient liquid content to flow. Examples are those non-liquid waste resulting from the domestic, commercial, agricultural and industrial activities which can be divided into several components under two broad categories:
- Biodegradable-compostable-putrescible. There are four (4) groups of waste under this category such as: (a) food (cooking) waste/kitchen waste: peelings, leftovers, vegetable trims, fish/fowl/meat/animal entrails/innards/cleanings, soft shells, seeds, etc.; (b) agricultural (garden) waste: leaves/flowers, twigs branches, stems, roots, trimmings, weeds, seeds/inedible fruits, etc.; (c) animal waste, manure/urine, carcasses, etc.; and (d) human waste: excreta, soiled pads, sanitary napkins, etc.
- Non-biodegradable-compostable-putrescible. There are ten (10) groups of waste under this category such as: (a) metals: tin cans, aluminum, iron, lead, copper, silver, etc.; (b) glasses: bottles, cullets (broken glass), sheets (shards), mirror, bulbs, etc.; (c) plastics: polyethylene (bags), polypropylene (straws/jule sacks/containers, polyurethane (foam, mattresses), polystyrene (styrofoam), polyvinyl (tubes, pipes, linoleum), polyacetate (fibers, cloth, rayon), etc.; (d) rubber (natural and synthetic): tires, goods, etc.: (e) papers: dry papers, cardboards, etc., (f) dry processed fibers” cloth, twine, etc.,; (g) dry leathers; skin, feathers, etc.; (h)hard shells; (i) bones; and (j) rocks.
32. Solid Waste Management – the purposeful, systematic control of the generation, storage, collection transport, separation, processing, recycling, recovery and final disposal of solid waste.
33. Sorting at Source – the segregation or separation of waste at the point of generation or at the very place where they are produced into biodegradable and non-biodegradable.
34. Recycling of Domestic Waste – the full utilization of domestic waste into factory returnable (around 50-60%), feed (about 20%), fertilizer (about 30%, fuels, fine crafts, fermentable, etc. with little left for filling material. (Proportions vary with the kind of community, the more affluent the more factory returnable). This includes both man devised and nature designated recycling schemes.
35. Zero Waste Resource Management System – is an ecological method of handling waste that does not degrade the environment not pollute air, water, and soil, and facilitates their sanitary retrieval, reuse or recycling.
Section 9. Coastal Resources Management. As used in this Code, the following terms are operationally and/or conceptually defined:
a. Aquaculture – fishery operations involving in all forms of raising and culturing fish and fishery species in freshwater water, brackish and marine water areas.
b. Aquatic / Coastal Pollution – the introduction of substances by human or machine , directly or indirectly, to the coastal environment which result or likely to result in such deleterious effects as to harm living and non-living fishery and coastal resources; pose potential and/or real hazard to human health; hindrance to coastal activities such as fishing and navigation, including dumping/disposal of waste and other marine litter; discharge of petroleum or residual products of petroleum, and other radioactive noxious or harmful liquid, gaseous or solid substances, from any water, land or other human-made structures. Deforestation, unsound agricultural practices such as the use of banned chemicals and excessive use of chemicals, intensive use of artificial fish feed, and wetland conversion, which cause similar hazard and deleterious effectsconversion, which causes similar hazard and deleterious effects, shall also constitute aquatic or coastal pollution .pollution.
c. Closed season – the period during which the taking of specified fishery species by a specifieda specified fishing gear is prohibited in a specified area or areas in the municipal waters.
d. Coastal Area / Zone – is a band of dry land and adjacent ocean space ( water and submerge land ) in which terrestrial processes and uses directly after oceanic processes and uses, and vice-versa; its geographic extent may include areas within a landmark limits of one (1) Kilometer from the shoreline to high tide to include mangrove swamps, brackish water ponds, nipa swamps, estuarine river, sandy beaches and other areas within seaward limit of 200 meters isobath to include coral reefs, algal flats, sea grass beds and other soft bottom areas.
e. Commercial Fishing – the taking of fishery species by passive or active gear for trade, business are profit beyond subsistence or sport fishing, to be further classified as:
Small-scale commercial fishing – fishing with passive or active gear utilizing fishing vessels of 3.1 gross tons (GT) up to 20 GT;
Medium-scale commercial fishing – fishing with passive or active gear utilizing fishing vessels of 20.1 gross tons (GT) up to 150 GT; and
Large-scale commercial fishing – fishing with passive or active gear utilizing fishing vessels of more than 150 (GT).
f. Coral – marine animals, anthozoan and cnidarian coelenterates, consisting of polyps and the rigid skeletal structure they produce. The living animal with its skeleton and the skeleton alone are both referred to as coral. Included are members of the genus Corallium, characterized by a rigid access of compact calcareous or horny specules and represented by red, pink and white corals which are considered precious corals; the Antipatharians, characterized by a thorny, horny axis and represented by the black coral which are considered semi-precious corals, and ordinary corals which are neither precious or semi –precious and usually characterized by calcareous skeleton.
g. Coral Reef – geological features built by natural classification and other deposits from corals and calcareous algae.
h. Department – shall mean Department of Agriculture.
i. FARMC – shall mean Fisheries and Aquatic Resources Management Council.
j. Fine-Meshed Nets – all net-webbing whether made of natural fibers, synthetic or any other materials used in fishing, with a mesh size of less than three (3) centimeters measured.
k. Fish Cage – any method of culturing fin fish in a fish enclosure which is either stationary or floating made up of nettings or screen sewn or fastened together and installed in the water with opening at the surface and held in place by wooden posts or various anchors and floats.
l. Fish Corral – a stationary wire or trap devised to intercept and capture fish consisting of rows of bamboo sticks, plastic nets and other materials fenced with split bamboo mattings or wire mattings with one or more enclosures, usually with easy entrance but difficult exit, and with and without leaders to direct the fish to the catching chambers, purse or bags.
m. Fish pen – refers to fish enclosures made of closely-woven bamboo screens, nylon screens or nets, or other materials attached to poles staked to the water bottom for the purpose of growing and /or culture of fish to various sizes in both fresh and brackish waters.
n. Fisheries – refers to all activities relating to the act or business of fishing, culturing, preserving, processing, marketing, developing, conserving and managing fishery resources.
o. Fishery License – a document that qualify a person/cooperative/partnership/corporation to engage in any fishery activities in the municipal waters.
p. Fishers – people directly, or personally, and physically engage in taking and/or culturing and processing fishery/coastal/marine resources.
q. Fishers Organization – an accredited organized group, association, federation, alliance or institution of fishers which has at least 15 members, a set of officers, a constitution and by-laws, and having an organizational structure and programs of action.
r. Fishery and Marine Resources – include not only finfish but also mollusk, crustaceans, echinoderms, marine mammals, and all other products derived from aquatic resources in any form.
s. Fishing – the taking of fishery species from the wild state or habitat, with or without the use of fishing vessels.
t. Fishing Gear – any instrument or device and its accessories utilized in taking fish and other fishery species. It ca be either of the following:
Active Fishing Gear – fishing gear characterized by active movement and/or pursuit of the target species by towing, lifting, and pursuing the gears surrounding, covering, dredging, pumping and scaring the target species to impoundment or encirclements, such as but not limited, to trawl, purse seines, Danish seines, bag nets, push nets, cast nets, harvesting machines, beach seines, pa-aling, drift gill net and tuna long line.
Passive Fishing Gear – is characterized by the absence of gear movement and/or the pursuit of the target species such as, but not limited to, hook and line, fish pots, traps and gill nets across the path of the fish.
u. Fishing Vessel – any vessel, boat, ship or other watercraft equipped to be used for taking of fishery species or aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing, including but not limited to the preservation, supply, storage, refrigeration, transportation and processing.
v. Gratuitous Permit – a permit issued to marginal and subsistence municipal fishers free of any charges.
w. Mangroves – a community of inter tidal plants including all species of trees, shrubs, vines and herbs on coasts, swamps, or border of swamps.
x. Monitoring – for monitoring fisheries, this may include long -term observation of : 1.) fishing effort which can be expressed by the number of days or hours of fishing, number of fishing gears and number of fishers; 2.) characteristics of fishery resources ; and 3.) resource yields or catch.
y. Municipal fishers – persons who are engaged in municipal fishing and are/or fishing within the municipal waters.
z. Municipal fishing – refers to fishing using fishing vessels of three(3) gross tons or less or fishing not requiring the use of fishing vessels within the (15 ) kilometers distance from the shoreline.
aa. Municipal Government – refers to the municipal government of Miagao.
bb. Municipal Waters – include not only streams, lakes, inland bodies of water and tidal waters within the municipality which are not subject of private ownership and not included within the national parks, brackish water fishpond leased by the government, and national fishery reserves, refuge and sanctuaries but also marine waters included between two lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality touch the sea at low tide and a third line parallel with the general coastline including offshore islands and fifteen kilometers from such coastline. Where two municipalities are so situated on opposite shores such that there is less than thirty kilometers of marine waters between them, the third line shall be a line equidistant from the opposite shores of the respective municipalities.
cc. Non-Government Organization (NGO) – refers to an agency, institution, a foundation or a group of persons whose purpose is to assist people’s organization/ association in various ways including but not limited to organizing, education, training, research and /or resource accessing.
dd. Over-fished Area- an area within the municipal waters which cannot sustain the fisheries. It can be due to any of the following types of over fishing:
(i) too much harvesting in such a way that the mean sized of fish captured is sub-optimal for providing effective yields from a fishery;
(ii) intense fishing pressure by which the process of fishery restocking through reproduction and resettlement is impaired;
(iii) shift in community structure from a fishery dominated by valuable species to one dominated by species of less economic value or utility; and
(iv) when resource users faced with declining catches and lacking any other alternative, initiate wholesale resource destruction in their effort to maintain their incomes.
ee. People’s Organization – a bonafide and duly accredited association of citizens with demonstrated capacity to promote the public interest and with identifiable leadership membership and structure. Its members belong to a sector/s in the community who voluntarily band themselves together to work for their own upliftment, development and greater good.
ff. Permit – documents issued to license holders before engaging in fishing using particular gear and/ or boat or engage in any fisheries activities within the municipality.
gg. Persons – natural or juridical entities such as individuals, associations, partnership, cooperatives or corporations.
hh. RA 8550 – Republic Act no. 8550, otherwise known as the Philippine Fisheries Code of 1998. It is the national law that governs the management and conservation of the fisheries resources of the country.
ii. Sanctuary – a designated area within the municipal waters where fishing and other human activities are prohibited.
Monitoring Control and Surveillance –
a. monitoring – the requirement of continuously observed:
1. fishing effort which can be expressed by the number of days or hours of fishing, number of fishing gears and number of fish folks
2. characteristic of fishery resources
3. resource yields (catch)
b. control - the regulatory conditions (legal framework under which the
exploitation, utilization and disposition of the resources maybe conducted.
c. surveillance – the type and degree of observation required to maintain compliance with regulation.
Section 10. As used in Air Quality Management. The following terms are operationally/or conceptually defined:
1. Air Pollutant – Any water found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the insert gasses in their natural or normal concentrations and includes, smokes, dust, soot, ciders, fly ash, solid particles of any kind, gasses, fumes, mists, odors, and radio active substances.
2. Airborne Dusk or Dust – Minute solid particles release into or carried into the atmosphere by natural forces of by any fuel burning, combustion, or process equipment of devise, or by construction works, or by mechanical or industrial process.
3. Ambient Air Quality – The average atmospheric purity as distinguished from discharged measurements taken at the source of pollution. It is the general amount of pollution present in a board area.
4. Emission – The act of passing into the atmosphere an air contaminant, pollutant, gas steam and unwanted sound from a known source.
5. Effluent Standard – Restriction established to limit levels of concentration, physical, chemical and biological constituents, which are discharged from point source.
6. Fuel-Burning Equipment – Any equipment, device or contrivance, and all appurtenances thereto, including ducts, breeching, fuel feeding equipment, controls, stacks, and chimneys, used primary, not exclusively, to burn any fuel for the purpose of direct applications or direct heating such as the production of hot air and hot water.
7. Fugitive Particulate – The particulate matter which escapes and become airborne from unclosed industrial operation, or that which escape from incompletely or partially enclosed operation into the outside atmosphere without passing or being conducted through a flue pipe stack or other structure.
8. Greenhouse Effect ¬– A warming near the earth’s surface that result when the earth’s atmosphere traps the sun’s heat. The greenhouse effects receive its name because the earth’s atmosphere acts much like the glass or plastic roof and walls of a greenhouse. The earth’s atmosphere allows most of the sunlight that reaches it to pass through and heat the earth’s surface. The earth sends the heat energy back into the atmosphere as infrared radiation. Much of this radiation does not pass freely into space because certain gasses in the atmosphere absorb in. These gasses include carbon dioxide, ozone and water vapor. They grow warm and send infrared radiation back toward the earth, adding to the surface.
9. Particulates or Suspended Particulates – Any material other than uncombined water, which exist in a finely form as liquid or solid.
10. Smoke – Gas-borne particulates resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon, ashes or other combustion materials.
11. Standard or Limit. The concentration of any air contaminant which, in order to protect the public health and welfare, shall be exceeded at a particular region or zone, at a specified period of time. Standard are enforceable and must complied with by the owner or person in charge of an industrial operation process or trade.
12. Volatile Organic Compound – Any compound containing carbon and hydrogen in combination with any other element which has an absolute vapor pressure of 0.10 kg./cm2 equivalent to 77.6 mm. Hg. Or greater under actual storage conditions. Organic solvent include diluents and thinners are defined as chemical compound of carbon which are liquids at standard conditions and which are used as dissolvers, viscosity, reducers or cleaning agents.
LAND RESOURCES MANAGEMENT
Section 11. Statement of Policy and Management Direction. It is the policy of the Municipality to provide rational, orderly and efficient acquisition, utilization for the attainment of a better quality of life of all with the active participation of the barangay people and Non-Government Organizations (NGO’s).
Section 12. State of the Resource. The Municipality of Miagao has a total land area of fifteen thousand six hundred ninety-six (15,696) hectares. The municipality is composed of one hundred nineteen (119) barangays, twenty two (22) of which are coastal and eighty nine (89) are agricultural.
As of today, the Municipality has the following land uses: agricultural area constitutes the biggest portion of the town consisting three thousand eight hundred eighty-seven (3,887) hectares or almost twenty our and 76/100 percent (24.76%) of the total land area of the municipality. The open grassland constitutes the one thousand five hundred (1,500) hectares; followed by forest land which is about two thousand seven hundred sixty-eight (2,768) hectares; fishpond area, three (3) hectares; residential land, one hundred nine and 30/100 (109.30) hectares; and industrial land, ninety (90) hectares.
The Municipality of Miagao has an increasing population, which causes greater demand for use of land resource be it on aspect of residential, industrial, institutional, commercial and others. Miagao as of the calendar year 2007 National Statistics Office Census Report has a total population of sixty thousand four hundred ninety-eight (60,498).
The Municipality of Miagao is growing rapidly and the neighboring towns absorb its spillover from various economic and social activities. The expansion of economic activities is causing serious effect to agricultural land due to land conversion. Land and Land dependent resources have been extracted that caused its dissipation and effect human survival.
Therefore, the Municipal Government for benefits of all its residents shall vigorously pursue the value of land and its rational use, its conservation and management.
Section 13. Beautification, Greening of Street Shoulders. All barangays shall conduct beautification drives in their respective jurisdiction including the greening of street shoulders, planting of trees along the highways and/or placing of flower plants in front of residential and commercial establishments. Occupants of residential and/or commercial establishments shall be responsible for the cleanliness of the sidewalk and one-half of the public street fronting such residential and/or commercial establishment from the line of the property to the middle of the street and from one property to the other.
Section 14. Comprehensive Land Use Plan and Municipal Zoning Ordinance. The Comprehensive Land Use Plan and its accompanying Municipal Zoning Ordinance (Municipal Ordinance No. 1, series of 2002), which was prepared before the enactment of this Code is hereby adopted. Its publication as a separate document does not affect its effectivity in relation to this Code but rather provisions hereof consistent with Land Use and Zoning are applicable to the Comprehensive Land Use Plan and Municipal Zoning Ordinance.
Section 15. Building Permit. No permit of occupancy shall be issued by the Municipal Government for buildings, subdivisions and the like unless there are provisions for planning of trees and flowers in the development plant duly implemented.
Section 16. Prevention of Soil Erosion. Infrastructure support in the form of “rip rapping” or the construction of creeks, rivers and shore protection walls shall be implemented to prevent soil erosion.
Section 17. Reclassification of Agricultural Lands. Miagao, being a fast growing town, shall limit the reclassification of agricultural lands into other uses to ten (10%), Sec. 20 of Local Government Code of 1991. Provided, that the subject of the classification is not prime agricultural land, and provided, further, that the department of Agriculture issues a certification as to the agricultural productivity and provided, and finally, that the Committee on Land Use endorses the favorable recommendation on the matter.
Section 18. Responsibility to the Public Safety. Public safety shall be the primary responsibility of the Municipal Mayor, the Police Station Commander and the Chairman of the festival organizer.
Section 19. Municipal Canals and Drainage. The canals and drainage system within the Municipality should be properly maintained to allow efficient flow of water and effluence for sanitation purposes. The canals and drainage system should regularly desilted and dredged. Dumping of solid waste and garbage is punishable under applicable provisions in this Code.
Section 20. Piggeries and Poultry Farm.
a. The structure of a piggery or poultry with an area of one (1) hectare and below must have a distance of at least ten (10) meters from the street/road and five (5) meters from the sides and back.
b. The structure a piggery or poultry with an area of one (1) hectare to five (5) hectares must have the distance of at least twenty (20) meters from the street/road and ten (10) meters from sides and back.
c. The structures of a piggery or poultry with an area of more than five (5) hectares must have a distance of at least thirty (30) meters from the street/road and fifteen (15) meters from sides and back.
d. All structures of commercial piggeries or poultries must have a distance of at least one hundred (100) meters from the nearest residence.
e. All commercial piggeries and poultries must have a filtration system or silting device included in their project plan. The silting device must have a measurement of at least one (1) square foot per head, piglets included, and/or ten (10) square feet for every sow and with a depth of six (6) feet per head.
f. All commercial piggeries and poultries must be certified on the level of their effluent. It should be tested by the Department of Environment and Natural Resources (DENR) for it be classified according to its level of pollution.
Section 21. Tree Planting.
a. Any person who wanted to or has already established a piggery or poultry farm and the like in an area of two (2) hectares above are required to allot 10% of their total area for growing trees and fruit bearing trees.
b. One half (1/2) of the required ten percent (10%) of the area must be planted with fruit bearing trees.
c. The Office of the Municipal Agricultural Officer (MAO) shall be in charge of fulfilling the provision of this article.
Section 22. Parks for Tourism. The Municipal Land Use Plan and Zoning Ordinance shall designate park areas for tourism development. Measures to maintain the ecological asset that from the very basis of the tourism industry’s existence shall be instituted. The no littering ordinance in tourism-related areas shall be enforced without mitigations.
Section 23. Prohibited Acts on Parks. No person shall destroy the aesthetic beauty and structure of parks, including the picking of flower, cutting of trees, vandalism and other detrimental acts that will cause the disturbance of the parks general serenity.
Section 24. Tourism Areas. Those considered, as tourism areas shall be properly declared by the Sangguniang Bayan.
Section 25. Penalties. Any person, natural or juridical, found violating the provision of the second sentence of Section 13, shall pay an out-of-court compromise penalty of one hundred (P100.00) pesos for the first offense and a fine of not less than five hundred (P 500.00) pesos or an imprisonment of five days, or both, but not more than two thousand (P 2,000.00) pesos or an imprisonment of six (6) months, or both, at the discretion of the court for the succeeding offenses.
Any person found guilty of violating Sections 20, 21 and 23 shall suffer the penalty of fine of not less than P1, 000.00 but not more than P2, 000.00 or an imprisonment of not less than 30 days or both fine and imprisonment at the discretion of the court without prejudice to administrative sanction in case of business establishments, firms, corporation or the like.
SOLID WASTE MANAGEMENT
COVERAGE, AUTHORITY AND PURPOSE / GOALS
Section 26. Coverage. This Chapter shall apply to all residential houses, commercial establishments such as hotels, restaurants, cinema houses, public markets, department stores, groceries, institutions like hospitals, schools, churches, public and private offices, industrial establishments like factories, plants and other establishments or any kind and agricultural areas.
Section 27. Authority. This Chapter is enacted to supplement the provisions of existing laws and ordinances related to solid waste management.
Section 28. Purpose. This Chapter is enacted for the following purposes:
a. To guide, control and regulate the generation storage, collection, transportation and disposal of solid waste within the Municipality of Miag-ao and promote an orderly and sanitary system for the same.
b. To enhance the total environment of the locality through the necessary control and mitigation of negative environment impacts of solid waste.
c. To promote and protect the health, safety, peace and convenience and general welfare of the inhabitants of the municipality.
d. To minimize generation of solid waste and maximize possible resource recovery/recycling and utilization by:
d.1. maximizing the use of goods and consumption of foods;
d.2. allocating fair inputs in the production of goods, foods and services
d.3. encouraging the salvaging of possible “recoverable” from solid wastes for reuse and/or recycling back to production process; and
d.4. providing assistance and cooperation in the recycling of solid waste in disposal sites
Section 29. Goal. The primary goal of this ordinance is to enhance ecological balance of the community through sustainable and integrated waste management.
Section 30. Objectives. The objectives of this Chapter are the following:
a. To ensure round the clock cleanliness through orderly and comprehensive waste management.
b. To cease and desist from utilization of open garbage dumps which serve as breeding places of insects causing disease, foul odors and harmful fumes, emit “greenhouse gases” which contribute to global warming and thinning of the ozone layer, generate “leachate” which pollute soil and water resources; and creates unhealthy scavenging activities in the vicinity;
c. To eradicate unsightly, uncovered and overflowing waste containers in the streets, public places and open spaces;
d. To maximize and optimize sanitary resource recovery for feeds, fuel, materials, energy, etc.; and
e. To minimize pollution arising from harmful gases, smoke, particulate produced by needless burning/dumping; polluted runoffs into water sources/supply; and hazardous substances.
WASTE GENERATION AND STORAGE
Section 31. Residential Areas:
a. Residents shall learn the two (2) kinds of waste: biodegradable or compostable and non-biodegradable/non-compostable. These two kinds of waste shall be stored and segregated at the site or place where they are generated.
b. The concerned resident shall ensure that the generated solid waste shall be properly separated in three (3) enclosed containers for recoverable, leftovers/compostable and others. The leftovers or kitchen refuse shall either be directly given to the animals as feeds or stored temporarily for composting and/or biogas production.
c. Residents shall provide proper containers such as cans, sacks, bags, bins, etc. that will facilitate sanitary, efficient handling, storage, collection, transport or disposal at least cost. Food waste shall be placed in covered cans or pails. Garden waste in sacks, cans and bags, and the non-compostable in either sacks, bags or boxes.
d. Public thoroughfares and grounds in front or in the vicinity or residential houses shall be kept clean and tidy by the owner/lessee of the house or building at all times.
e. Trees, shrubs, and other vegetation within the vicinity of residences shall be regularly cared for or maintained to minimize generated waste/yard wastes and unpleasant sight.
f. The following guidelines shall govern the raising of hogs/swine and poultry within the residential zones:
f.1. Wastes generated from hog/swine raising shall be deposited by their owners in a suitable septic tank. When appropriate, such septic tank shall be constructed as part of the animal pen.
f.2. The maximum number of heads that can be raised shall be in accordance with the particular residential density designation of the areas as follows:
f.2.a. Low Density Residential Zone (R-1) – 30 heads of poultry, 5 heads of hogs/swine and 500 heads of quails only.
f.2.b. Medium Density Residential Zone (R-2) – 20 heads of poultry, 3 heads of hogs/swine and 300 heads of quails only.
f.2.c. High Density Residential Zone (R-3) – 10 heads of poultry, 2 heads of hogs/swine and 100 heads of quails only.
Section 32. Commercial Areas (including markets/agoras)
a. The storage containers for segregated commercial wastes shall be communal or individual, as the case may be, with cover, depending on its location for collection and transport process.
b. The enclosed communal receptacle preferably on wheels shall be located along the collection route where the generated wastes shall be brought and stored by the stall lessee.
c. The lobby and fronting sidewalks/immediate grounds of commercial establishments shall be maintained clean and presentable by the owner/operator/lessee of the establishments (shops, stalls, stores, restaurants, eateries, carinderias, barber shops, beauty parlors, recreational and entertainment facilities like theaters, billiard halls, folk houses, beer gardens, discos, cocktail lounges, dancing halls, cabarets, bistros, etc.
d. The fronting sidewalks and immediate areas of stalls, open spaces of markets shall be kept clean and orderly by the lessee of the said stall/space at all times.
e. Animal pets within the vicinity of the market and market stalls are prohibited as provided for under Chapter 23, Ban on Stray Dogs and Other Animals, Municipal Ordinance No. 1, Series of 1995, “An Ordinance Providing for the Health and Sanitation Code of the Municipality”.
f. The use of biodegradable materials such as papers, leaves and the like shall be encouraged, instead of using non-biodegradable materials such as plastic, etc.
Section 33. Institutional/Industrial Areas:
a. The head of any institutional/industrial firm shall provide and ensure the proper and hygienic storage of generated and segregated wastes in receptacle/containers, which shall be situated along collection routes.
b. Hazardous wastes shall be stored safely in good, durable and duly covered receptacles, which should be located in a secured and distant site prior to final collection/disposal.
c. The head of any institutional/industrial/firm/establishment shall ensure the cleanliness and orderliness of its facilities, yards and its fronting sidewalk and street.
d. Hazardous waste (chemical, biological and radioactive substances) shall be stored, collected and transported, and disposed of in accordance with applicable laws, guidelines, rules and regulations of the Environmental Management Bureau (EMB-DENR), Department of Health (DOH) and Philippine Nuclear Resource Institute (PNRI).
e. In places like terminals/designated parking areas, the concerned lessor/lessee or transport group/association shall be responsible for the cleanliness of its surroundings.
Section 34. Agricultural Areas (including farms for livestock, poultry, etc.)
a. Homogenous agricultural wastes (rice straws, corn cobs, leaves, animal manure, etc.) shall be properly stockpiled/stored by the concerned farmer, and where practicable, these shall be composted.
b. Rice straws shall not be burned.
c. Rice hulls shall not be placed on streets or along the road as per Provincial Ordinance No. 7 s. 1997.
Section 35. Littering. No person shall litter or scatter solid waste in streets, highways, sidewalks and other public areas (parks, playground, rivers, creeks, waterways, waiting sheds, terminals, etcetera). Solid waste shall include among others, the cigar/cigarette butts, boxes/packages, candy/bread wrappers, matchsticks, disposable diapers, food packages, etc.
WASTE PROCESSING AND RESOURCE RECOVERY
Section 36. Residential Areas:
a. Segregated recyclables shall be properly stored before collection. These recyclables shall be collected separately and brought to recycling centers, eco-centers and dealers.
b. Local waste managers shall be designated in every barangay who shall oversee the collection of recyclables and shall be responsible in coordinating with accredited dealers or manufacturers of recycled products.
c. Food and kitchen refuse shall be collected as fodder or feeds for animals. These portions that is not suitable, as folder shall be composted.
d. Residents shall avoid open burning and dumping and adopt recycling, practicing the “F’s” scheme (feed, fermentable, food and fuel). Fuel materials from households wastes consists of two kinds: (a) firewood materials – consist of twigs, branches, leaves, husks, shells, cobs, chaff, saw dust, wood shavings, soiled papers, bagasse, stalks, etc.; and (b) flammable gas – produced by anaerobic decomposition of all biomass or biodegradable materials to biogas digester.
Section 37. Commercial Areas:
a. Segregation of wastes from commercial area (shopping malls, restaurants, commercial complexes, recreational centers, etc.) shall be mandatory before issuance of or renewal of business permits. The Sanitary Inspector shall see to it that this provision is complied with prior to the issuance of or renewal of a business permit.
b. Markets/agoras shall adopt a segregation scheme that will facilitate the segregation of recyclables, food/vegetable waste, non-recyclable, etc.
c. Food wastes from commercial centers (e.g. food centers, restaurants, canteens, etc.) shall be collected as feeder/animal feeds and shall not be disposed to sewers.
Section 38. Industrial/Institutional:
a. In industrial establishments, segregation of biodegradable/compostable and non-biodegradable/non-compostable wastes shall be performed to avoid foul odors and proliferation of flies.
b. Schools (both private and public) shall adopt appropriate resource recovery and recycling strategies.
c. Hazardous waste shall be disposed of only after getting proper assistance and guidance from concerned agencies.
COLLECTION AND TRANSPORTATION OF SOLID WASTES
Section 39. Residential Areas:
a. The concerned residents shall ensure that the solid waste is brought out in front of his gate/door and/or along the collection route of the collection vehicle/cart not earlier than two hours before the collection.
b. He/she shall report to the Office of the Municipal Health Officer or concerned official for any uncollected solid waste within the vicinity of his/her residence.
c. Garbage not segregated and placed in the herein recommended containers by the Local Government shall not be collected and shall be treated as disposed of in violation of the anti-littering provisions of this ordinance and shall be penalized accordingly.
d. The specific date and hour of garbage collection in particular locations shall be scheduled and announced of strict compliance by all concerned.
Section 40. Commercial Areas:
a. The owner/operator/lessee of any enterprise shall be responsible for the timely positioning of stored solid wastes during collection period which shall be made known in advance by the proper authorities. The said owner lessee shall likewise assist, whenever necessary, in the sanitary means of loading waste for collection purposes.
b. He/shall remind the concerned officer of the Local Unit or office regarding the presence of uncollected solid wastes and other related matters.
c. The concerned commercial stall owners shall ensure that the solid wastes are brought out in front of the gate/door and/or along the collection route of the collection vehicle/cart not earlier than two hours before the collection period.
Section 41. Institutional/Industrial Areas:
a. The head of any institutional/industrial establishment shall assist the Municipal Government in the orderly and sanitary way of collecting and transporting its solid waste.
b. The collection and transportation of any hazardous wastes (if necessary) shall be duly coordinated with the Local Government of Miag-ao.
DISPOSAL OF SOLID WASTES
Section 42. Residential, Commercial and Institutional Wastes:
a. Open burning or non-biodegradable solid waste shall be prohibited. Residuals of solid waste after resource recovery, recycling and composting shall be disposed of by sanitary land filling or other ecologically sound methods.
b. Hospital wastes, clinic wastes and agro-chemical wastes especially infections wastes shall be treated with lime before disposal in a covered compost pit.
c. Dumping of solid waste along streets, alleys, riverbanks, and in any public places shall be strictly prohibited.
Section 43. Industrial Wastes. Hazardous waste shall be disposed in accordance with the laws, regulations, and guidelines of the concerned national agencies like the Environmental Management Bureau (EMB-DENR), Department of Health (DOH) and Philippine Nuclear Resource Institute (PNRI).
COLLECTION FEES FOR SOLID WASTE MANAGEMENT SERVICES
Section 44. Garbage Collection Fees. Commercial, institutional and industrial establishments shall be charged an annual garbage fee/tax to supplement other sources of revenues for the operations and maintenance of the Solid Waste Management System of the municipality. Residential units located within the solid waste collection service areas shall likewise pay an annual garbage collection fee. Garbage collection fees for residential, commercial, industrial and institutional shall be as contained in the Municipal Revenue Code and other related issuances.
VIOLATION AND PENALTY
Section 45. Penalties. Any individual, person or persons responsible for the operation and maintenance of an establishment/firm/facility, who violates any of the provisions of this Chapter shall be upon conviction, be punished by a fine of not less than One Hundred Pesos (Php100.00) but not more than One Thousand Pesos (Php1,000.00) or by imprisonment of not less than three (3) days nor more than 30 days, or community service of not less than one (1) day and not more than ten (10) days, at the discretion of the court, without prejudice to the imposition of a higher penalty under any other law or decree such as indicated in the second paragraph of Section 2 of PD 825 (Anti-Littering Law) which states, “If violator is a corporation, firm or other corporate entities, the maximum penalty shall be imposed upon the president, manager, director or persons responsible for its operations.”
Habitual violators who incurred three times violation or more of any provision of this Chapter, shall upon conviction, be punished by a fine of not less than Two Hundred Pesos (Php200.00) but not more than One Thousand Pesos (Php1,000.00) or imprisonment of not less than three (3) days but not more than thirty (30) days or community service of not less than five (5) days nor more than twenty (20) days, at the discretion of the court and cancellation of business permit.
Section 46. Enforcement. The Municipal Mayor may, from time to time, issue executive order for the enforcement and execution of this ordinance wholly or partially to suit the immediate needs of the municipality and for the efficient collection of garbage collection fees. The Local Government shall create a unit under the Office of the Mayor with the primary task of apprehending violators of this ordinance and of the anti-littering provision and or persons who do not maintain garbage receptacles within their premises or who allow littering therein. Violators shall be issued appropriate apprehension tickets by this unit.
AWARDS AND INCENTIVES
Section 47. Incentives and Awards. The Local Government Unit in coordination with the Clean and Green Committee shall adopt an incentives and awards program for the effective implementation of this ordinance.
Section 48. Organizational Structure. The Office of the Municipal Mayor, through the Personnel Division, shall design the appropriate organization structure for the implementation of this ordinance.
HAZARDOUS AND TOXIC MATERIALS
Section 49. Operation of Gasoline Stations.
a. All gasoline stations located in the municipality shall install oil and water separation facility including facilities in the storage of used oil and grease into sealed receptacles. All these are mandatory preconditions before the issuance of business permits by the municipal government.
b. Gasoline stations shall ensure that their underground storage tanks are always in good condition by under taking periodic maintenance and monitoring fugitive effluents.
c. The gasoline station operators shall ensure the safety from fire and explosion hazards of their respective facilities by installing appropriate signage for the general public and by attaching proper gadgets and devices to prevent gaseous of fume emissions.
d. They shall provide for assessment or buffer zone of at least (50) meters from actual or potential ground water resources, banks of rivers or the other bodies of water traversing or adjoining the same.
e. Adequate drainage system should be provided for liquid run off from decaying or degrading matters.
f. Pest control measures should be applied to prevent contamination of surrounding areas.
g. Shrubs and trees should be planted around the site and on open spaces and buffer strip to preserved ecological areas.
h. They shall not adversely affect the appropriate or profitable uses of the other properties in the area and must be constructed/located at least one (1) kilometer away from the forty-kilometer marker near the Roman Catholic Church.
Section 50. Disposal of Clinic Wastes. All clinics, both private and public, and other health establishments shall dispose their clinical waste in accordance with the duly approved practices technologies by the Department of Health.
Section 51. Limitation on Production Capacity. All industrial, manufacturing and similar business establishments shall operate only within the capacity limits of their respective waste treatment facilities in order to maintain the quality of the environment within the standard require by the Municipal Government.
Section 52. Use of Farm Chemicals. All users of fertilizers, pesticides, and other farm chemicals in the farms, plantations and other places shall observe precautionary measure in handling, applying, storage and disposal as well as safety practices as indicated in the labels of the chemicals and instructions of farm technician.
Section 53. Fines and Penalties. Any person violating Section 49-52, of this Code shall suffer the penalty of fine One Thousand Pesos (Php1,000.00) or an imprisonment from 15 to 30 days or both fine and imprisonment in case of business establishments, manufacturing firms corporation or the like.
OTHER HEALTH RELATED PROVISIONS
Section 54. Urinating in Public Places. Urinating in public places, plaza, markets, schools, streets, roads and sideways is prohibited. Violation of this provision by any person shall be punishable by a fine of Five Hundred Pesos (Php500.00).
Section 55. Public Markets. The provisions on the cleanliness and sanitation of public markets in the Health and Sanitation Code of 1996 and other laws are hereby incorporated into this Code.
Section 56. Operation of Slaughterhouses. All slaughterhouses both public and private shall be equipped with appropriate and adequate disposal facilities for solid discards and wastewater, as well as disinfections system for the maintenance of hygienic conditions within their premises.
Section 57. Operation of Funeral Parlors. All funeral parlors performing embalming shall dispose their waste into a septic tank.
Section 58. Cemeteries.
a. Adequate drainage system should be provided for liquid run off from decaying of degrading matter.
b. Pest control measures should be applied to prevent contamination of surroundings areas
c. Shrubs and trees should be planted around the site and on an open space as buffer strip to preserve ecological balance.
d. Sanitary requirements of the sanitation Code and other existing laws, particularly those referring to final procedures in case of the incidence of epidemic or communicable diseases should be complied with.
Section 59. Radio Transmitting Station and Cell Sites.
a. They shall be located within commercial or institutional utility zones.
b. Their surrounding maintenance shall be the exclusive responsibility of the applicant and/or person running them.
c. Where the public welfare demands, however, they may not be deprived location in some residential zones provided the proceeding conditions applied with; provided, however, those powerful or high voltage transmitter/antennae which mat cause electric interference or excessive electromagnetic radiation, which would be hazardous to Telecommunication Control Bureau and other competent national authorities, shall not be allowed.
Section 60. Open Storage.
a. They should be located within reasonable distance from schools, churches, hospitals and other buildings, preferably 100 meters away or more.
b. Their sound maintenance shall be the sole responsibility of the applicant.
WATER RESOURCE MANAGEMENT
Section 61. Policy Statement on Water utilization. In line with the provision of the Constitution and as embodied in the Water Code of the Philippines, all waters belong to the State. The ownership of water by the State may allow the use and development of water by administrative concession. The Government, through the National Water Board, exercises control and regulation of the water resources pertaining to its utilization, exploitation, development conservation and protection.
In the observance of the above mentioned principle, the Municipality of Miagao shall ensure an equitable apparition of water resources to its constituents consistent with the order of preference adopted by the State as follows;
a) Domestic and municipal use; e) Livestock raising;
b) Irrigation; f) Industrial use; and
c) Power generation; g) Others.
Section 62. Basis of Action. With increasing population and intensification of economic activities the rate of use has overtaken the rate of replenishments to the point where the basic needs are no longer satisfied. If steps are not taken at the early stage; conflicts of water users may escalate and the needs of the general populace put in jeopardy. These concerns call for appropriate actions and strategies in the local level contributory to the national effort of ensuring sustainable utilization of water resources.
Section 63. Water Sources. With the growing population and the expansion of economic activities the need for water has been increasing at a faster rate. This has brought a serious imbalance between supply and demand of potable and usable water. Cognizant of this condition it becomes imperative for the Municipality of Miagao to provide and secure water for the current and future generations living in its territorial boundaries, to wit:
a. It shall be the responsibility of the Municipality Miagao of to identify existing and potential water sources for domestic and municipal use within the territorial bounds of the Municipality to ensure that there shell be sources of water to satisfy the needs of the present and future. This calls for complete inventory of Surface River, creek, and stream and spring source along with subsurface aquifer systems. Databases shall be established for these water sources with adequate information on quantity and quality. Interim plans should be established o how these water sources shall be accessed, tapped, and developed.
b. A data inventory of the water resources to include their physical characteristics, location and types shall be maintained and updated by the Municipality for future assessment. This data inventory shall be the basis of the municipal water resource policy and water resource system analysis. This data shall be stored and collated in a dynamic system where the formation can be easily accessed and updated. These data shall be the bases for the decisions the community is going to adopt in the future.
c. The Municipality shall likewise determine the contaminated water resource in the Municipality such as saltwater intruded areas and chemical contaminated areas as part of the environmentally affected areas. These areas shall be constrained in terms of utilization and exploitation and the municipality shall provide an advisory notice to this effect. In the overall strategy, these areas shall be targeted for either containment or rehabilitation.
d. The Municipality shall establish its own water budget on a periodic basis to determine its water needs and potentials. The approach shall be holistic to include all the major users of water and comprehensive enough to determine possible cause effect scenario of the water utilization.
e. The Municipality shall identify the water sheds within its own territorial limits and incorporate them in their zoning plans. As a water production unit, the municipality shall adopt important strategies of protection, conservation, utilization and establishment in view of sustainable development. Land use threats to the watersheds shall be minimized by instituting measure to curb human and economic activities from damaging the pristine nature of the water resources.
f. Apart from satisfying the immediate demand, the Municipality shall adopt long range planning for the resources development in view of up with a balance on the supply and demand. All sectors shall be enjoined to participate in the planning exercises.
Section 64. Water Supply Quality. The health of the populace is of primary concern. Aside from food nutrition, the quality of drinking water has a direct impact on the health of the people. To maintain the health and well being of the people there should be an ample supply of water with acceptable potable quality.
a. The Miagao Water District shall be responsible for ensuring that the quality of water shall be within the limits of the National Standard for Drinking Water (NSDW) conforming for physical, chemical and radiological requirements.
b. The Municipality shall be responsible for giving resolutions to and assisting areas, which are not covered by the water district services.
c. The Municipality shall come up with a program of monitoring wastewater in the community. Likewise, the municipality shall institute measures to compel private sectors to come up with treatment process for domestic and industrial wastewaters before discharging to the environment.
d. The municipal government shall monitor the discharge of wastewater to the environment either by land spreading, injection or dilution in natural bodies of water.
e. The uses of nitrogenous fertilizer in farms and fields have been pointed out as one of sources of contamination for groundwater. In areas where important aquifers are located, the use of such fertilizers should be limited, if not prohibited by the Municipality.
f. Important point source pollution as gas stations and petroleum product reservoir should be identified and their location mapped out in relation with the existing water resource. The Municipality shall come up with monitoring program for fugitive effluents and require business operators to submit mitigating measures in the event of accidental release of chemicals.
g. Along natural watercourses such as stream, brooks, and rivers, the respect for easement shall primary to maintain the natural riverine character of the surface water. The easement shall be in accordance with the established easement of the National Water Resources Board (NWRB) and shall be adopted and enforced by the Municipality.
Section 65. Water Demand.
a. Water Utilization. In reference to the Water Code of the Philippines the development of water resources shall consider the security of the State, multiple use, beneficial use, adverse effects and cost of development. The Municipality shall adhere to this provision in the utilization of water resources within the municipality.
b. The Municipality shall identify the heavy users of either surface water or groundwater and shall determine on a periodic basis the rate to extraction and utilization.
Section 66. Illegal Construction along Waterways. No person shall construct any building or improvement within 3 meters in the municipal proper and residential areas and 20 meters in agricultural areas from the creeks, sides, river banks and similar waterways. Any person or business establishment who will caught violating this ordinance shall be fined in accordance with any Zoning Fees ordinance passed by the Municipality.
Section 67. Well Drilling. No person shall drill a well without securing a permit from the National Water Resources Board or its deputized agency which will determine the allowable depth, location spacing and manner by which such well may be dug/ excavated. Any person who will be caught violating this ordinance shall be fined P1,500.00 to P2,000.00 as ordered by the Court.
COASTAL RESOURCE MANAGEMENT
Section 68. Statement of Policy. It is hereby declared the policy of the municipality to:
1. Promote conservation and ensure sustainable and equitable utilization of its coastal areas and resources in conformity with the Philippine Fisheries Code of 1998.
2. Ensure, for the benefits and enjoyment of the people of Miagao, Province of Iloilo the judicious and wise utilization, protection, conservation and management on a sustainable basis of its coastal and fishery resources with the necessity of maintaining a sound ecological balance and protecting and enhancing the quality of the environment.
3. Protect the rights of the small and marginal fishers in the preferential use of communal coastal and fishery resources.
4. Allow people’s full and active participation in the conservation and management of the coastal and fishery resources and shall promote awareness of sustainable fisheries through appropriate education and training.
5. Provide full support for sustainable fisheries in the municipal waters through appropriate technology and research adequate financial production, and marketing assistance, and other services.
6. Allow the private individuals or entities to utilize fishery resources under the basic concept that the grantee, licensee or permittee thereof shall not only be privileged beneficiary of the municipality, but also an active participant and partner of the municipal government in the management, development, and protection of the fisheries and coastal resources of the municipality.
7. Promote and adhere to the precautionary principle of conservation, management and exploitation of living coastal and fishery resources in order to assure the sustainable development of the coastal environment. The absence of adequate scientific and technical information should not be used as a reason for postponing or failing to take conservation and management measures.
Section 69. Comprehensive Municipal Fishery Code of 2008. The Comprehensive Municipal Fishery Code of 2008 (Municipal Ordinance No. 02, series of 2008), which was enacted before the enactment of this Code, is hereby adopted. Its publication as a separate document does not affect its effectivity in relation to this Code.
AIR QUALITY MANAGEMENT
Section 70. Policy Statement. The basic intention of the Municipality of Miagao is to undertake the necessary precautionary and preventive measure to ensure the maintenance of ambient air quality. Given the complexity of clean air management and the insufficient technology and resources available for the conduct of atmospheric monitoring and evaluation, the Municipality of Miagao shall prevent to the greatest extent permissible, to continued degradation of air quality within its territorial jurisdiction based on the available resources, information and technical support to achieve such level of a standard quality of air as prescribed by the Department of Environment and Natural Resources and the Clean Air Act of 1999.
Section 71. Industrial Location. No industries or factories shall be constructed within a 1 km. radius from the town proper. Industrial location shall be governed by the existing ordinance on Comprehensive Land Use Plan.
Section 72. Ambient Air Quality Control. The Municipality in coordination with the DENR shall conduct the annual of all industrial facilities, including all equipment emitting potential air pollutants, to ensure that such establishment that are complying with the prescribed standards on air quality.
Section 73. Fugitive Particles. No person shall allow the emission of fugitive particulate from any source whatsoever, including, but not limited vehicular movement, transportation of materials, construction, alteration, demolition or wrecking, or industry-related activities such as loading, storing or handling without taking reasonable precaution to prevent such emission. In line with such precaution, the following are hereby adopted:
a. Covering of open loaded trucks transporting materials likely to give rise to airborne dust, odor, and other fugitive particles.
b. Treatment or removal of air pollutants e.g. dusts, fumes, gasses, mists, odorous matters or vapor or any combination thereof prior to discharge into the open air.
c. In case of building construction or demolition, quarrying operation or clearing of land, precautions shall be carried out to ensure that fugitive dusts remain within the premises of the activity conducted.
d. Dust, dirty and fly ash from any activity. The emission of dust, dirty or fly ash from any source or activity, which shall pollute the air and render it unclear, detrimental, unhealthful or hazardous or cause visibility to be impaired, shall be not permitted. In no case however shall dust, dirty or fly ash to exceed 0.3 gram per cubic meter of the flue gas at starch temperature of 10 centigrade nor create haze with opaqueness equivalent to or greater than no. 1 of the Ringlemen Chart.
Section 74. Reducing Emission of Carbon Dioxide (CO) and Other Greenhouse Gases. The Municipality of Miagao shall exert major effort to contribute to towards the minimization of global warming. As such, in coordination with the Environmental Management Bureau (EMB) of the DENR, the Municipal Government shall regulate the use of chemical fertilizer, burning of timber and crop residues and burning of fossil fuels within its territory.
Section 75. Reducing Emissions of Substances that Depletes the Ozone Layer. The depletion of ozone layer (in earth’s atmosphere) caused by the use of chlorofluorocarbon (CFC), Halon and other hydrochloflourocarbons (HCFCs) poses extreme health hazard to mankind such as exposure to harmful ultraviolet rays of the sun. Pursuant to the Montreal Protocol where the Philippines is a signatory, the Municipality of Miagao hereby adopts some of its relevant provisions:
a. All citizens in the Municipality are discouraged to use aerosols with CFC content e.g., spray nets, pesticides, fertilizers, etc.
b. Refrigeration and air-conditioning repair shops shall be required to institute measures to avoid the release of CFC’s directly into the atmosphere.
c. The use of yellow fire extinguisher containing halon will not be allowed in the Municipality of Miagao.
Section 76. Open Burning.
a. Open burning adds to global warming and provides hazard to health, properties and natural resources. Therefore, no person shall ignite, caused to be ignited or maintain any open fires except on the following activities:
1. open fire cooking of food for human consumption
2. fires for recreational or ceremonial purposes
3. fires for the prevention and control of diseases or pests;
4. fires for the disposal of dangerous materials or waste, when there is no practical alternative method for disposal, provided that a clearance is secured from the Office of the Mayor; and
5. fires for training personnel in the methods of fire fighting.
Section 77. Noise and Vibration.
a. To protect public health and welfare against nuisance cause by excessive noise, the Municipality of Miagao in coordination with the DENR and various sectors within the Municipality shall cause the standard limits for noise pollution and set standard for noise reduction and the source as may be appropriate.
Section 78. Funding. An amount as maybe necessary to implement the provisions of this Code is hereby appropriated from any available sources in the general fund of the municipality in the pursuance of this Code subject to the existing laws, rules and issuances.
Section 79. Separability Clause. If for any reason, any portion or provisions of this Code is declared unconstitutional or invalid, the other sections or provisions hereby which are not affected thereby shall continues to be in full force and effect.
Section 80. Applicability of other laws, rules and regulations. On matters not provided for in this Code, any existing applicable laws, corresponding implementing rules, regulations, and relevant issuances issued therefore shall apply in supplitory manner.
Section 81. Effectivity Clause. This Code shall take effect fifteen (15) days after its posting in at least three conspicuous places within the municipality and publication.