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DRAFT Ordinance RESOLUTION NO. ______________ AN ORDINANCE PRESCRIBING FEES FOR SOLID WASTE MANAGEMENT SERVICES, RELATED TO REPUBLIC ACT 9003 ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000, DECLARING CERTAIN ACTS PROHIBITED AND PROVIDING PENALTIES, APPROPRIATING FUNDS THEREFORE, AND FOR OTHER PURPOSES. WHEREAS, Republic Act No. 9003 provides for an ecological solid waste management program, creates the necessary institutional mechanisms and incentives, declares certain acts prohibited and provides penalties for violations; WHEREAS, Section 10 of Republic Act No. 9003 provides that, “Pursuant to the relevant provisions of R.A. No. 7160, otherwise known as the Local Government Code, the LGUs shall be primarily responsible for the implementation and enforcement of the provisions of this Act within their respective jurisdictions.”; WHEREAS, Section 16 of Republic Act No. 9003 provides that, “The province, city or municipality, through its local solid waste management boards, shall prepare its respective 10-year solid waste management plans consistent with the National Solid Waste Management Framework: Provided, That the waste management plan shall be for the re-use, recycling and composting of wastes generated in their respective jurisdictions: Provided, further, That the solid waste management plan of the LGU shall ensure the efficient management of solid waste generated within its jurisdiction.”; WHEREAS, Section 47 of Republic Act No. 9003 provides that, “The local government unit shall impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing a solid waste management plan prepared pursuant to this Act.”; WHEREAS, Section 4, Rule XIX of the Implementing Rules and Regulations (IRR) of Republic Act No. 9003 provides that local government units shall be required to legislate appropriate ordinances to aid in the implementation of Republic Act No. 9003 and in the enforcement of its provisions; provided, such ordinances shall be formulated pursuant to relevant provisions of R.A. No. 7160; WHEREAS, the Municipality of Balete is committed to the protection, preservation and conservation of the environment, through the implementation of integrated, comprehensive ecological solid waste management program WHEREAS, The Municipal Government of Balete shall be responsible for implementation of this Ten (10) Year SWM Plan. The Solid Waste Management Board of BALETE shall continuously to supervise the implementation of the 10 year plan. Then certain roles provided in Section 12 or the City/Municipal Solid Waste Management Board of Republic Act No. 9003 and its IRRs shall be supported by the Board. WHEREAS, The Local Government or the MSWM will be responsible in Monitor the implementation of the Municipal Solid Waste Management Plan through its various political subdivisions and in cooperation with the private sector and the NGOs; For cooperation with schools, private institution and barangay households, they have their own collection and MRF system and educate the benefits of recyclables and biodegradables. WHEREAS, pursuant to Section 16 of Republic Act No. 9003, the Municipality of Balete has prepared its 10-year Ecological Solid waste management (ESWM) plan and the same has been duly adopted and approved by the Sangguniang Bayan through Resolution No. _______________ NOW THEREFORE, BE IT ORDAINED, AS IT IS HEREBY ORDAINED by the Sangguniang Bayan of the Municipality of Balete, Batangas in session duly assembled, that: Article 1 General Provisions Section 1. Title – This ordinance shall be known as the Municipality of Balete Ecological Solid Waste Management Ordinance of 2020. Section 2. Coverage – The ordinance shall apply to all residential houses, commercial and industrial establishments, institutions, like clinics, schools, churches/chapels, public and private offices, resorts, other establishments of any kind and agricultural areas within the Municipality of Balete, Batangas. Section 3. Declaration of Policies – It is hereby declared the policy of the Municipality to adopt and implement a comprehensive, integrated and ecological solid waste management program which shall: a) Ensure the protection of public health and environment for the safety, convenience and general welfare of inhabitants in the municipality; b) Utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage resources conservation and recovery; c) Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste minimization measures, including composting, recycling, re-use, recovery and others, before collection, treatment and disposal in appropriate and environmentally-sound solid waste management facilities in accordance with ecologically sustainable development principles; d) Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste through the formulation and adoption of the best environmental practices in ecological waste management excluding incineration; e) Strengthen education and advocacy activities in collaboration with various stakeholders to promote environment awareness and action among citizenry; f) Implement local enforcement plan with barangays and other local government units, non-government organizations, and the private sector; g) Encourage greater private sector participation in solid waste management; h) Institutionalize public participation in the development and implementation of integrated, comprehensive and ecological solid waste management programs; and i) Promote research and development programs for improved solid waste management. Article 2 Definition of Terms Section 4. Definition of Terms – For the purposes of this Ordinance, the terms: a.Agricultural waste shall refer to the waste generated from planting or harvesting of crops, trimming or pruning of plants and wastes or run-off materials from farms or fields; b.Biodegradable waste shall refer to any material that can be reduced into four particles, degraded or decomposed by microbiological or enzymes. This is synonymous with compostable. c) Bulky wastes shall refer to waste materials which cannot be appropriately placed in separate containers because or either its bulky size, shape or other physical attributes. These include large worn-out or broken household, commercial, and industrial items such as furniture, lamps, bookcase, filing cabinets, and other similar items; d) Bureau shall refer to the Environmental Management Bureau; e) Business establishments refer to establishments that are required to secure business permits prior to operation. f) Buy-back center shall refer to a recycling center that purchases or otherwise accepts recyclable materials from the public for the purpose of recycling such materials; g) Collection shall refer to the act of removing solid waste from the source or from a communal storage point; h) Collection Frequency shall refer to the number of times collection of wate is provided in a given period of time; i)Color Code A specific color assigned to each Eco-aide by the MENRO for proper identification. j) Controlled dump site shall refer to a disposal site at which solid waste is deposited in accordance with the minimum prescribed standard of site operation; k) Composting shall refer to the controlled decomposition of organic matter by micro-organisms, mainly bacteria and fungi and activators under controlled conditions. l) Consumer electronics shall refer to special wastes that include worn-out, broken, and other discarded items such as radios, stereos, and TV sets; m) Department shall refer to the Department of Environment and Natural Resources; n) Disposal shall refer to the discharge, deposit, dumping, spilling, leaking or placing of any solid waste into or in any land; o) Disposal site shall refer to a site where solid waste is finally discharged and deposited; p) Ecological Solid Waste Management (ESWM) shall refer to the systematic administration of activities which provide for segregation at source, segregated transportation, storage, transfer, processing, treatment, and disposal of solid waste and all other waste management activities which do not harm the environment; q) Environmentally acceptable shall refer to the quality of being re-usable, biodegradable or compostable, recyclable and not toxic or hazardous to the environment; r) Generation shall refer to the act or process of producing solid waste; s) Generator shall refer to a person, natural or judicial, who last uses a material and makes it available for disposal or recycling; t) Hazardous waste shall refer to solid waste or combination of solid waste which because of its quantity, concentration, or physical, chemical or infectious characteristics may; 1) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or 2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed; u) Industrial waste shall refer to liquid, gaseous, or solid matter or other waste substances or combination thereof resulting from any process of industry, manufacturing trade or business or from the development; v) Leachate shall refer to the liquid produced when waste undergo decomposition, and when water percolate through solid waste undergoing decomposition. It is a contaminated liquid that contains dissolved and suspended materials; w) Materials recovery facility – includes a solid waste transfer station or sorting station, drop-off center, a composting facility, and a recycling facility; x) Municipal waste shall refer to wastes produced from activities within local government units which include a combination of domestic, commercial, institutional and industrial wastes and street litters; y) Open dump shall refer to a disposal area wherein the solid wastes are indiscriminately thrown or disposed of without due planning and consideration for environmental and health standards; z) Opportunity to recycle shall refer to the act of providing a place for collecting source-separated recyclable material, located either at a disposal site or at another location more convenient to the population being served, and collection at least once a month of source-separated recyclable material from collection program that gives notice to each person of the opportunity to recycle and encourage source separation of recyclable material; aa) Person(s) shall refer to any being, natural or judicial, susceptible of rights and obligations, or of being the subject of legal relations; bb) Post-consumer material shall refer only to those materials or products generated by a business or consumer which have served their intended end use, and which have been separated or diverted from solid waste for the purpose of being collected, processed and used as a raw material in the manufacturing of recycled product, excluding materials and by-products generated from, and commonly used within an original manufacturing process, such as mill scrap; cc) Receptacles shall refer to individual containers used for the source separation and the collection of recyclable materials; dd) Recovered materials shall refer to material and by-products that have been recovered or diverted from solid waste for the purpose of being collected, processed and used as a raw material in the manufacture of a recycled product; ee) Recyclable material shall refer to any waste material retrieved from the waste stream and free from contamination that can still be converted into suitable beneficial use or for other purposes, including, but not limited to, newspaper, ferrous scrap metal, non-ferrous scrap metal, used oil, corrugated cardboard, aluminum, glass, office paper, tin cans and other materials as may be determined by the Commission; dd) Recycled material shall refer to post-consumer material that has been recycled and returned to the economy; ee) Recycling shall refer to the treating of used or waste materials through a process of making them suitable for beneficial use and for other purposes, and includes any process by which solid waste materials are transformed into new products in such a manner that the original products may lose their identity, and which may be used as raw materials for the production of other goods or services: Provided, that the collection, segregation and re-use of previously used packaging material shall be deemed recycling under this Act; ff) Residual wastes refer to any material which has no more use at all and therefore be disposed off from source. gg) Resource conservation shall refer to the reduction of the amount of solid waste that are generated or the reduction of overall resource consumption, and utilization of recovered resources; hh) Resource recovery shall refer to the collection, extraction or recovery or recyclable materials from the waste stream for the purpose of recycling, generating energy or producing a product suitable for beneficial use: Provided, that, such resource recovery facilities exclude incineration; ii) Re-use shall refer to the process of recovering materials intended for the same or different purpose without the alteration of physical and chemical characteristics; jj) Segregation shall refer to a solid waste management practice of separating different materials found in solid waste in order to promote recycling and re-use of resources and to reduce the volume of waste for collection and disposal; kk) Segregation at source shall refer to a solid waste management practice of separating, at the point of origin, different materials found in solid waste in order to promote recycling and re- use of resources and to reduce the volume of waste for collection and disposal; ll) Solid waste shall refer to all discarded household, commercial waste, non-hazardous institutional and industrial waste, street sweepings, construction debris, agricultural waste, and other non-hazardous/non-toxic solid waste. mm) Solid waste management shall refer to the discipline associated with the control of generation, segregation, storage, collection, transfer and transport, processing, and disposal of solid wastes in a manner that is in accord with aesthetics, and other environmental considerations, and that is also responsive to public attitudes; nn) Special wastes shall refer to household hazardous wastes such as paints, thinners, household batteries, lead-acid batteries, spray canisters and the like. These include wastes from residential and commercial sources that comprise of bulky wastes, consumer electronics, white goods, yard wastes that are collected separately, batteries, oil, and tires. These wastes are usually handled separately from other residential and commercial wastes; oo) White goods shall refer to large worn-out or broken household, commercial, and industrial appliances such as stoves, refrigerators, dishwaters, and clothes washers and dryers collected separately. White goods are usually dismantled for the recovery of specific materials (e.g., copper, aluminum, etc.); and pp) Yard waste shall refer to wood, small or chipped branches, leaves, grass clippings, garden debris, vegetables residue that is recognizable as part of a plant or vegetable and other materials identified by the Commission. Article 3 Solid Waste Management Functions Section 5. Solid Waste Management Functions – The following functions shall be performed by the Municipal Environment and Natural Resources Office (MENRO) that will serve as the lead agency which is under the Office of the Municipal Agriculturist and shall be composed of General Utility Services Staff who will implement the Ecological Solid Waste Management in the Municipality. a. Conduct of necessary studies (i.e., time and motion study of collection routes, feasibility studies and environmental impact assessment) related to collection, materials recovery facility (MRF), composting and disposal facility; b. Provide technical assistance, logistical and training support to barangays and communities to help them formulate SWM strategies and plans, and implement, monitor and evaluate SWM projects; c. Formulate, review and refine procedures for SWM operations and enforcement, including coordination with groups and sectors providing support to the SWM program; d. Formulate, review and refine incentives and command and control systems to reinforce the proper practice of solid waste management; e. Conduct information, education and communication (IEC) campaigns. f. Provide technical and logistical support to the Speaker’s Bureau, volunteer enforcers, multi-sectoral monitoring and evaluation team and other groups/task forces organized to help implement the ESWM plan and provide feedbacks and recommendations to concerned agencies/institutions/bodies for necessary action; g. Periodically monitor actual implementation of specific SWM initiatives; h. Periodically prepare reports on the performance status and analysis of implementation and enforcement of solid waste management ordinances; i. Prepare annual work and financial plans; and j. Serve as the secretariat of the ESWM Board. The periodic reports on SWM that it will prepare will be submitted to the Board. It shall conduct research and data analysis to support the policy-making function of the Board. The annual SWM work and financial plan will be submitted to the ESWM Board for its endorsement to the SB so such can be included in the annual budget of the municipality. It shall keep records of all meetings and decisions of the Board, and ensure that such decisions are carried out. Article 4 The Municipal Ecological Solid Waste Management Plan Section 6. Incorporation by Reference – The Municipal Ecological Solid Waste Management Plan adopted and approved by the Sangguniang Bayan is hereby incorporated by reference. Section 7. Implementation – The Municipal Ecological Solid Waste Management Plan shall be implemented in accordance with the implementation schedule, strategies and guidelines contained in the said Plan. Article 5 Segregation of Solid Waste Section 8. Mandatory Segregation of Solid Waste – The segregation of solid waste shall be mandatory. Segregation shall primarily be conducted at the source to include household, institutional, industrial, commercial and agricultural sources. Section 9. Categories of Solid Waste – Solid waste shall be segregated into the following categories: a) Compostable or Biodegradable b) Recyclable c) Residual d) Special Waste Section 10. Requirements for Segregation and Storage of Solid Waste – The sources of solid waste as listed above shall have separate receptacles or containers (i.e. sacks, bins, boxes, cans, bags, etc.) for each type of solid waste. The solid waste receptacle, depending on its use, shall be properly marked or identified for on-site collection as “compostable”, “recyclable”, “residual” or “special waste.” The receptacles shall be properly covered, secured or protected to prevent spillage or scattering of the waste and to ensure its containment. Section 11. Additional Requirements for Premises Containing Six (6) or More Residential Units – The owner or person in charge of premises containing six (6) or more residential units shall provide for the residents a designated area and containers in which to accumulate source separated recyclable materials for collection. In addition, such owner or person in charge shall notify the residents or occupants of such premises of the requirements of segregation. Section 12. Additional Requirements for All Commercial,
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Ultimo aggiornamento 2020-07-11
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