Republic of the Philippines

BARANGAY HERNANDO
Muncipality of ANAO
BARANGAY ORDINANCE NUMBERED __
(Series of 2018)
BARANGAY ORDINANCE
ON ECOLOGICAL SOLID WASTE MANAGEMENT
WHEREAS, the Barangay HERNANDO is committed to the protection, preservation and
conservation of the ecosystem;
WHEREAS, it is the responsibility of the barangay to effectively and efficiently
implement the
Solid Waste Management System under Republic Act No. 9003 in its territorial
jurisdictions;
WHEREAS, Section 16 of the Local Government Code (RA 7160) also provides:
�SEC. 16. General Welfare. � Every local government unit shall exercise the
powers expressly granted, those necessarily implied therefrom, as well as powers
necessary, appropriate, or incidental for its efficient and effective governance,
and
those which are essential to the promotion of the general welfare.Within their
respective territorial jurisdictions, local government units shall ensure and
support,
among other things . . . promote health and safety, enhance the right of the people
to
a balanced ecology, maintain peace and order, and preserve the comfort and
convenience of their inhabitants.� [underscoring supplied.]
WHEREAS, the unsystematic waste disposal by households and commercial/small
businesses/sari-sari store cause unsightly surroundings;
WHEREAS, the practice of waste segregation to facilitate reuse and recycling does
not only
reduce the cost of collection and disposal of garbage but conserves the natural
resources of
materials and avoid wasteful consumption of goods;
NOW THEREFORE, upon the motion of Kagawad Rosario Primero, duly
seconded by Kagawad _____________________,
BE IT ORDAINED BY THE SANGGUNIANG BARANGAY IN SESSION ASSEMBLED
THAT:
ARTICLE I
TITLE OF THE ORDINANCE
This Ordinance shall be known as the �Comprehensive Solid Waste Management
Ordinance of
Barangay HERNANDO, ANAO TARLAC�
ARTICLE II
COVERAGE
This Ordinance shall apply to all residential houses; commercial establishments
such as
sari-sari stores, barbeque stand/eateries, catering services, vulcanizing
shop/auto-repair shops, institutions
like churches, public and private offices; and agricultural areas situated within
the territorial jurisdictions of Barangay HERNANDO of the Municpality of ANAO.
ARTICLE III
AUTHORITY AND PURPOSE/GOALS
SECTION 1. Authority. This Ordinance is enacted to implement the provisions of
Republic Act
No. 9003 which mandates the proper segregation and collection of household wastes.
SECTION 2. Purpose. This Ordinance is enacted for the following purposes:
a) To guide, control and regulate the generation of solid wastes within the
Barangay 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 environmental impacts of solid waste;
c) To promote and protect the health, safety, peace and convenience of the general
welfare
of the inhabitants of the Barangay;
d) To minimize the generation of solid waste and maximize possible
resource/recovery/recycling and utilization by:
? Maximizing the use of goods and consumption of foods;
? Encouraging the salvaging of possible �recoverables� from solid wastes for re-use
and/or recycling back to production process; and
? Encouraging the recycling and resource recovery of wastes in own backyards
through composting.
SECTION 3. Goal. The primary goal of this Ordinance is to enhance ecological
balance of the
community through sustainable and integrated waste management.
SECTION 4. Objectives. The objectives of this Ordinance are the following:
a) to ensure round-the-clock cleanliness through the orderly management of waste;
b) to eradicate unsightly, uncovered and overflowing waste containers in streets,
public
places and open spaces; and
c) to minimize pollution arising from harmful gases, smoke particulates produced by
needless burning/dumping, polluted runoffs into water sources/creeks,small
fishpond, and hazardous
substances.
ARTICLE IV
DEFINITION OF TERMS
SECTION 5. Technical Terms. The technical terms used in this Ordinance shall be
defined as
follows:
a) Biodegradable � any material that can be reduced into finer particles (degraded
or
decomposed) by microbiological organisms or enzymes (synonymous with compostable).
b) Biodegradable Wastes � fruit & vegetable peelings, spoiled food & leftovers,
vegetable
trimmings, fish scales, egg shells, seafood shells, animal entrails & carcasses,
corn cobs
& sheaths, rice hulls, peanut shells, wet newspapers & cardboards, wet papers &
cartons,
coconut shells & husks, seeds, garden & grass clippings, pet/poultry/livestock
manure,
chipped branches and sawdust;
c) Compost � decayed organic material for use as soil conditioner or fertilizer.
d) Composting � biological degradation under controlled conditions; the process of
making
biodegradables such as food waste, garden waste, animal waste and human waste into
compost by mixing them with soil, water, biological additives/activators (optional)
and
air.
e) Domestic Waste � refuse from households, as distinguished from industrial waste,
hospital waste, etc. which may be classified as biodegradable (compostable) or
nonbiodegradable
(non-compostable).
f) Recyclable Wastes � dry papers & newspapers, dry cardboards & cartons, plastic
materials like plastic containers, plastic water bottles, plastic bottle caps, PVC
& PE
pipes, computer casing, tin cans & covers, aluminum cans, iron steel, copper wires,
broken transparent glasses, glass bottles, toner cartridges, computer ink
cartridges.
g) Residual Wastes � sando bags, packing wrappers, styropors/styrofoams, cigarette
butts,
worn out plastic sacks, dirt from sweepings, worn out rags, sanitary napkins,
disposable
diapers, plastic straws, parlor & barbershop waste, household medicine bottles,
broken
ceramics, colored broken glasses, coco fiber from cushions, poultry feathers.
h) Special Wastes � paint & thinner containers, spray canisters, household
batteries,
pharmaceutical waste, spoiled, spilled, expired cosmetic waste, lead-acid
batteries, used
oil filters, broken tiles.
i) Bulky Wastes � used rubber tires; garden debris; destroyed TV sets, radios,
stereos,
washing machines, dryers, stoves, refrigerators, & dishwashers; broken furniture,
filing
cabinets, book cases, beds & cushions.
ARTICLE V
SEGREGATION OF WASTE
SECTION 6. Mandatory Segregation of Solid Wastes. The segregation of wastes shall
primarily
be conducted at the source, to include household, institutional, commercial and
agricultural sources: Provided, That wastes shall be segregated into the categories
provided in
Section 2 of this Article.
SECTION 7. Requirements for the Segregation and Storage of Solid Waste Pending
Collection.
The following shall be the minimum standards and requirements for segregation and
storage of
solid waste pending collection:
a) There shall be a suitable container for the ecological solid
waste before these are brought out along the streets or being brought out at the
assigned
dumping areas.
b) There shall be a separate container/garbage bins for each type of waste from all
sources: Provided,
That in the case of bulky waste, it will suffice that the same be collected and
placed in a
separate and designated area; and
c) The solid waste container depending on its use shall be properly marked or
identified for
on-site collection as follows:
? Biodegradables/Compostables or �Nabubulok�;
? Recyclables or �Di-nabubulok na maaari pang pakinabangan�; and
? Residuals & Special Wastes or �Di-nabubulok na �di na mapapakinabangan.�
ARTICLE VI
COLLECTION AND DISPOSAL
SECTION 8. Residential Areas. The garbage shall be collected through the present
system of
collection within the Barangay.
SECTION 9. School/Day Care Center, Churches, and Business Establishments. All
garbage in these locations
shall also be collected in the same manner as in Section 8.
SECTION 10. Agricultural Areas. Agricultural areas shall convert organic wastes
into compost
in their respective areas.
SECTION 11. Time of dumping of ecological solid wastes for collection shall be upon
the scheduled collection of the municipality of Anao (which is atleast once a week)
only recycled ("di nabubulok") will be collected.
ARTICLE VII
PENAL PROVISIONS
SECTION 13. Prohibited Acts and Its Fines and Penalties. The following acts are
prohibited and
its corresponding Fines and Penalties:
(1) Bringing out and dumping of garbage outside of collection day and proper time
of
dumping for collection, indiscriminately dumping garbage, littering, throwing,
dumping
of solid waste matters in public places, such as roads, sidewalks, canals, drainage
systems, curbs and gutters, creeks, and small fishpond, and establishment, or
causing or permitting the same;
(2) The open and indiscriminate burning of residual and special wastes;
(3) Causing or permitting the collection of non-segregated or unsorted waste/non-
segregation
of wastes into biodegradable, recyclable, and residual/special;
(4) Unauthorized removal of recyclable materials intended for collection by
authorized
persons;
For paragraphs (1) to (4):
First Offense � Warning
Second Offense � Php200.00 &/or Render Five (5) Days Community Service, or both
Third Offense � Php500.00 &/or Render Ten (10) Days Community Service, or both
Subsequent - Php1,000.00 or Render Twenty (20) Days Community Service, or both
(5) Households and establishments that do not provide receptacles/containers for
their
refuse/solid waste;
First Offense � Warning
Second Offense � Php100.00 &/or Render One (1) Day Community Service, or both
Third Offense � Php200.00 &/or Render Two (3) Days Community Service, or both
Subsequent � Php300.00 &/or Render Five (5) Days Community Service, or both
(6) Not keeping the surrounding areas and immediate premises clean by
establishments,
institutions, households and other concerned occupants. Streets shall be kept clean
by
occupants or owners of properties lining the street from the line of the property
to the
middle of the street and from one property to the other.
First Offense � Warning
Second Offense � Php150.00 &/or Render Three (3) Days Community Service, or both
Third Offense � Php300.00 &/or Render Six (6) Days Community Service, or both
Subsequent - Php500.00 &/or Render Ten (10) Days Community Service, or both
Violators shall not be given barangay clearances until he/she has paid and/or
served his/her
fines/penalties. Their names also shall be posted at conspicuous places in the
barangay.
SECTION 14. Utilization of Collected Fines. Thirty percent (30%) of the collected
fines shall
accrue to the General Fund for appropriations for the next fiscal year and the
remaining Seventy
percent (70%), which shall be called as Ecological Solid Waste Management (ESWM)
Fund,
shall be used for the following within the fiscal year of which the fines were
collected:
(1) Honoraria for the Barangay Brigade of Eco-aides;
(2) Procurement of Materials, Equipment, Protective Gears and other items necessary
for the
proper implementation of the Ecological Solid Waste Management of the Barangay
HERNANDO;
Ordinance No. __ Series of 2018 Page of 8
(3) Information, education, communication and monitoring activities of the
Ecological Solid
Waste Management of Barangay HERNANDO;
(4) Acquisition of products, facilities, technologies and processes necessary to
enhance
proper ecological solid waste management;
(5) Transportation/Hauling of ecological solid wastes;
(6) Awards and incentives;
(7) Research programs;
(8) Technical assistance;
(9) Capability-building activities; and
(10) Maintenance and other related activities, programs, etc. for the Materials
Recovery
Facility of Cluster.
ARTICLE VIII
MISCELLANEOUS PROVISIONS
SECTION 15. Citizen Suits. For purposes of enforcing the provisions of this
Ordinance, any
citizen may file an appropriate civil or criminal action in the barangay against
any person who
violates or fails to comply with the provisions of this Ordinance. The Barangay
concerned shall
exempt such action from payment of filing fees.
SECTION 16. Separability Clause. If any provision of this Ordinance or the
application of such
provision to any person or circumstances is declared unconstitutional, the
remainder of this
Ordinance or the application of such provision to other persons or circumstances
shall not be
affected by such declaration.
SECTION 17. Repealing Clause. All existing ordinances and resolutions of this
barangay found
to be inconsistent herewith are hereby repealed or modified accordingly.
SECTION 18. Effectivity. This Ordinance shall take effect in accordance with the
provisions of
the Local Government Code of 1991.
UNANIMOUSLY PASSED this ___ day of ________, 2018.
Ordinance No. __ Series of 20__ Page of 8

I hereby certify to the passage of Barangay

Ordinance No. __, Series of 2018 otherwise known
as the �Comprehensive Solid Waste Management
Ordinance of Barangay HERNANDO.�
Pablo dela Cruz
Barangay Secretary
ATTESTED AND CERTIFIED TO BE DULY APPROVED:
Manny T. Honorio
Punong Barangay/Presiding Officer
CONFORME:
Mercilito Apuan Maricel Corpuz
Barangay Kagawad Barangay Kagawad
Erma Callangan Domingo Bagayas
Barangay Kagawad Barangay Kagawad
Rosario Primero Elarde Gonzales
Barangay Kagawad Barangay Kagawad
Noel Catipay John Mark Velasco
Barangay Kagawad SK Chairperson