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.