Republic of the Philippines

Province of Samar

CITY OF CATBALOGAN

EXPLANATORY NOTE

This Catbalogan City Solid Waste Management Ordinance was

formulated in compliance with the Republic Act No. 9003 or the Ecological
Solid Waste Management Act of the Philippines and the approved Ten-Year
Catbalogan City Solid Waste Management Plan.

Other SWM-related laws and policies.

There are also relevant laws enacted at the national level that affect
the implementation of RA 9003. These are summarized as follows:

Toxic Substances and Hazardous and Nuclear Waste Act of 1990 (RA 6969).
The Act calls for the regulation of and restriction on the importation,
manufacture, processing, sale, distribution, use, and disposal of chemical
substances and mixtures that pose a risk or injury to health and the natural
environment.

Local Government Code (RA, 7160). The Act devolved certain powers to the
local government units, including enforcement of laws and cleanliness and
sanitation, solid waste management, and other environmental matters.

Clean Air Act of 1999 (RA 8749). The Act directs all government agencies to
adopt the integrated air quality framework as a blueprint for compliance.
Among its salient provisions are the "polluters must pay" principle and the
prohibition of using the incineration method, which is defined as the burning of
city, biomedical and hazardous waste or the process, which emits poisonous
and toxic fumes. The Act further mandates LGUs to promote, encourage, and

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implement segregation, recycling, and composting within their jurisdiction. It
also required the phasing out of incinerators by July 2003. National Solid
Waste Management Status Report [2008-2018]

Philippine Clean Water Act of 2004 (RA 9275). The Act provides protection,
preservation, a revival of fresh, brackish, and marine waters to pursue
economic growth.

Environmental Awareness and Education Act of 2008 (RA 9512). The Act
promotes environmental awareness through environmental education. It
integrates environmental education in the school curricula at all levels, public
or private, barangay daycare and pre-school, and non-formal, vocational, and
indigenous learning.

Renewable Energy Act of 2008 (RA 9513). The Act promotes the
development, utilization, and commercialization of renewable energy and for
other purposes. Section 30 of RA 9513 provides for the use of "waste to
energy" technology subject to the requirements of RAs 9003 and 8749 (Clean
Air Act). Specifically, waste to energy technology refers to "systems which
convert biodegradable material such as but not limited to animal manure or
agricultural waste, into useful energy processes such as anaerobic digestion,
fermentation, and gasification, among others, subject to the provisions of the
Clean Air Act of 1999 and the Ecological Solid Waste Management Act of
2000".

Climate Change Act of 2009 (RA 9729). The Act declares as a Philippine
policy the adoption of the ultimate objective of the United Nations Framework
Convention on Climate Change, which is the stabilization of greenhouse gas
concentration in the atmosphere at a level that would prevent dangerous
anthropogenic interference with the climate system.

Code of Sanitation of the Philippines (Presidential Decree [PD]856). The

decree prescribes sanitation requirements for hospitals, markets, ports,
airports, vessels, aircraft, food establishments, buildings, and other
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establishments. Refuse collection and disposal systems in cities and cityities
are described in Chapter XVIII of the law.

Environmental Impact Assessment Law (PD, 1586). Approved on June 11,

1978, the law establishes and institutionalizes an environmental impact
system where projects to be undertaken would be reconciled with the
requirements of environmental quality. This requires proponents of critical
projects and projects located in critical areas to secure an environmental
compliance certificate from the President or his duly authorized
representative. The inclusion of the construction of SLF as a critical project
was done later.

National Solid Waste Management Status Report [2008-2018] 28 77 PD

1160. The law vests authority in Barangay Captains to enforce pollution and
environmental control laws. It also deputizes the Barangay Council member
and Barangay Zone Chairperson as peace officers.

Executive Order (EO) 774. Issued on December 26, 2008, the order calls for
the reorganization of the Presidential Task Force on Climate Change, headed
by the President, with all cabinet members as members of the Task Force.
EO 774 created 13 Task Groups that included solid waste management.

The Philippine Disaster Risk Reduction and Management Act of 2010. With
the Climate Change program, the law supports the 3 Rs of SWM in promoting
to consumers avoid using disposable and unnecessary products to prevent or
reduce the solid wastes generated by households, commercials, institutional,
industries, and all stakeholders' levels.

Of significance also are several national policy frameworks that support

solid waste management in the country, namely:

National Solid Waste Management Framework (NSWMF) in 2004. As

provided for under RA 9003, the NSWMF outlines the preferred approach to
support adopting a systematic, comprehensive, and ecological solid waste
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management program. It focuses on the waste management hierarchy that
emphasizes waste avoidance and minimization through reuse, recycling,
composting, and resource recovery.
National Framework Strategy on Climate Change (NFSCC) - Chapter
8: Mitigation pillar on waste management (2010-2022). Pursuant to RA 9729
(Climate Change Act of 2009), the Climate Change Commission passed
NFSCC, which finds the waste sector as the third-largest greenhouse
gas emitter.
In response to this, NFSCC identifies SWM as among the six (6)
priority sectors with strategic priorities:
 Enhanced implementation of RA 9003
 Promotion of best practices in waste management, involving all
categories of waste
 Strengthen the advocacy of proper waste management as a tool
towards better communicating and mobilizing the public to address climate
change National Solid Waste Management Status Report [2008-2018] 29 77
Philippine Development Plan (PDP) 2011-2016 Chapter 9: Sustainable
and climate-resilient environment and natural resources; Chapter 10:
Accelerating infrastructure development. The plan's infrastructure
development program ensures equitable access to infrastructure services.
The government aims to accelerate safe, efficient, reliable, cost-effective, and
sustainable infrastructure. Under its 'infrastructure' component, the PDP
seeks to increase the number of LGUs served by SLFs to 7.76% by 2016.
The 2030 Sustainable Development Agenda. The Sustainable
Development Goals present a bold commitment to finish what has been
started through the Millenium Development Goals (MDGs) in 2015. The
Philippines affirms its commitment to achieving the SDGs by 2030, if not
sooner, especially as the Global Goals are in sync with the country's
development plans and long-term aspirations for 2040.
Together with 50 other countries, the Philippines is presenting its
Voluntary National Review (VNR) of the SDGs to the 2019 High-Level Political
Forum (HLPF) on Sustainable Development in New York from July 9 to 18,
2019. The 2019 VNRs are expected to focus on empowering people and

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ensuring inclusiveness and equality. They will highlight Goals 4 (Quality
Education), 8 (Decent Work), 10 (Reduced Inequalities), 13 Climate Action),
16 (Peace, Justice and Strong Institutions), and 17 (Partnership for the
Goals).
The city's unprecedented growth and development are inevitable as the
populace desires to uplift their economic status. It is being coupled with the
continuous and rapid growth of the population. While the city envisions "a
sustainable and resilient global metropolis anchored on transformative
and inclusive governance by 2040", it would be a contradictory statement
against the real socio-economic vibrance. But the City Government of
Catbalogan integrates the Global Sustainable Development Goals dubbed
locally as "Disisiete nga turumanon han kada Catbaloganon", on the
implementation of inclusive developmental schemes to put a balance on the
socio-economic development programs and sustainable environmental
management, specifically SDG No. 11, 13, and 15.
This ordinance is one of the city's sustainable developmental actions in
complying with the country's development agenda.

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 ORDINANCE NO. _______

THE CATBALOGAN CITY SOLID WASTE MANAGEMENT ORDINANCE

WHEREAS, Republic Act No. 9003 provides for an Ecological Solid

Waste Management Program, creates the necessary institutional mechanisms
and incentives, declares individual acts prohibited, and provides penalties for
violations;

WHEREAS, Section 10 of Republic Act No. 9003 provides that,

"Under the relevant provisions of RA. No. 7160, otherwise known as the Local
Government Code, the LGU's shall be primarily responsible for the
implementation and enforcement for the provisions of this Act within their
respective jurisdictions.";

WHEREAS, Section 16 of the Republic Act No. 9003 provides that,

"The City, through its Local Waste Management Board, 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 reuse, 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, this ordinance realizes the solidarity of Catbaloganons

towards urban development based on collective contribution in attaining
environmental sustainability through ecological solid waste management;

WHEREAS, Section 47 of Republic Act No. 9003 provides that, "The

Local Government Unit shall impose fees in amounts sufficient to pay the

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costs of adopting, and implementing a Solid Waste Management Plan
prepared under this Act";

WHEREAS, Section 4, Rule XIX of the implementing Rules and

Regulations (IRR) of Republic Act No. 9003 provides that Local Government
Unit shall be required to legislate appropriate ordinances to aid in the
implementation of Republic Act No. 9003 and the enforcement of its
provisions; provided, such laws shall be formulated according to relevant
provisions of RA. No. 7160;

WHEREAS, according to Section 16 of Republic Act No. 9003, the City

of Catbalogan has prepared its 10-year Solid Waste Management (SWM)
Plan, and the same has been duly adopted by the Sangguniang Panlungsod
and approved by the National Solid Waste Management Commission.

NOW, THEREFORE, be it ordained by the Sangguniang Panlungsod,

in session duly assembled, that –

Article 1
General Provisions

Section 1. Title – this ordinance shall be known as the Catbalogan City

Ecological Solid Waste Management Ordinance of 2020.

Section 2. Declaration of Policies – It is hereby declared the policy of the

City of Catbalogan to adopt and implement a comprehensive, integrated, and
ecological solid waste management program which shall:

a. Ensure the protection of public health and environment;

b. Utilize environmentally-sound method that maximizes the utilization

of valuable resources and encourage resource conservation and
recovery;
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c. Set guidelines and targets for solid waste avoidance and volume
reduction through source reduction and waste minimization
measures, including composting, vermicomposting, recycling,
reuse, recovery, and others, before collection, treatment, and
disposal in the 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 the integration of ecological solid waste management

and resources conservation and recovery topics into the academic
curricula of formal and non-formal education to promote
environmental awareness and fiction 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 waste
management programs; and

i. Promote research and development programs for improved solid

waste

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 Article 2
Operation Definition of Terms

Section 3. Operational Definition of Terms

1. Agricultural waste – refers 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 and livestock waste;

2. Ambulant junk buyers – refers to mobile junk buyers from other

Local Government Units.

3. Apartment - The term "apartment" can be generically applied to any

residential unit inside a building. The building can be a house,
townhouse, large residential building, and even condominium high-
rise where owners sublet their units. Generally, what sets apartments
apart from the rest is that they are rented units and not owned.

4. Biodegradable waste – refers to any material that can be reduced

into particles, degraded, or decomposed by microbiological or
enzymes. This is synonymous with compostable.

5. Boarding house - A boarding house is a house (frequently a family

home) in which lodgers rent one or more rooms for one or more
nights, and sometimes for extended periods of weeks, months, and
years. The common parts of the house are maintained, and some
services, such as laundry and cleaning, may be supplied.

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6. Bulky wastes – refers to waste materials that cannot be
appropriately placed in separate containers because or either its
voluminous size, shape, or other physical attributes. These include
large worn-out or broken household, commercial, and other similar
items;

7. Bureau – refers to the Environmental Management Bureau;

8. Buy-back center – refers to a recycling center that purchases or

otherwise accept recyclable materials from the public to recycle
such materials;

9. Collection – refers to the Act of removing solid waste from the

source of from a communal storage point;

10. Commission – refers to the National Solid Waste Management

Commission;

11. Composting – refers to the controlled decomposition of organic

matter by micro-organisms, mainly bacteria and fungi.

12. Vermicomposting – is the process of having redworms and other

decomposer organisms process our organic wastes and turn it into
an excellent natural fertilizer (called vermicompost). Vermicompost
contains: worm casting (vermicast), good aerobic compost from the
worm bin organisms, and some material (food waste, bedding, etc.)
that's on its way to the worm or the other critters;

13. Consumer electronics – refers to a particular waste that includes

worn-out, broken, and other discarded items such as radios, stereo,
and TV sets;

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14. Controlled dump – refers to a disposal site at which solid waste is
deposited following the minimum prescribed standards of site
operation;

15. Department – refers to the Department of Environment and Natural

Resources;

16. Disposal – refers to the discharge, deposit dumping, spilling,

leaking, or placing of any solid waste into or in any land;

17. Disposal site – refers to the place where solid waste is finally
discharged and deposited in Catbalogan City;

18. Ecological solid waste management – refers to the systematic

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

19. Environmentally acceptable – refers to the quality of being

reusable, biodegradable or compostable, recyclable and not toxic or
hazardous to the environment;

20. Generation – refers to the Act or process of producing solid waste;

21. Generator – refers to a person, natural or judicial, who last uses

material and make it available for disposal or recycling;

22. Hazardous waste – refers to solid waste or combination of solid

waste which because of its quality, concentration, or physical,
chemical or infectious characteristics may;

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 a. cause, or significantly contribute to an increase in mortality or
an increase in serious irreversible, or incapacitating
reversible illness; or

b. Pose a substantial or potential hazard to human health or the

environment when improperly treated, stored. Transported,
or disposed of, or otherwise managed.

23. Hotel - A hotel is an establishment that provides paid lodging on a

short-term basis

24. Industrial Business - means any enterprise other than an

Agricultural Business or Commercial Business and may include, but
is not limited to, industrial parks; public utilities; activities involving
the development, production, collection, conversion, storage,
conservation, or transmission of coal, electricity, gas, oil, steam,
water or sources of energy not covered by the foregoing;
manufacturing, fabricating or processing activities; research and
development activities; docks, wharves, airports; storage, shipping,
receiving, warehouse and distribution facilities; and facilities directly
related, incidental or subordinate to any of the foregoing.

25. Institutional – This is used in this ordinance, which refers to an

organization, establishment, foundation, society, or the like, devoted
to the promotion of a particular cause or program, especially one of
a public, educational, or charitable character.

26. Large establishment – refers to all business establishment with a

capitalization higher than P500,000,00;

27. Leachate – refers to the liquid produced when waste undergoes

decomposition and water percolates through solid waste

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 undergoing decay. It is a contaminated liquid that contains
dissolved and suspended materials.

28. Lodging house - A lodging house is where people can rent rooms to
live in or stay in.

29. Materials recovery facility – includes a solid waste transfer station

or sorting station, drop-off center, a composting facility, and a
recycling facility;

30. Medium establishment – refers to all business establishment with a

capitalization higher than P50,000.00 but not more than P499,999;

31. City waste – refers to waste produced from activities within local
government units, which include a combination of domestic,
commercial, institutional, and industrial wastes and street litters;

32. Open dump – refers to a disposal area wherein the solid wastes are
indiscriminately thrown or disposed of without planning and
consideration for environment and health standards;

33. Opportunity to recycle – refers 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 to each person of the opportunity to recyclable and
encourages source separation of recyclable materials;

34. Person(s) – refers to any being, natural or juridical, susceptible to

rights and obligations, of being the subject of legal relations.

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35. Plastic - Plastics are a group of materials, either synthetic or
naturally occurring, that may be shaped when soft and then
hardened to retain the given shape. 

36. Post-consumer material refers only to those materials or products

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

37. Receptacles – refers to individual containers used for the source

separation and the collection of recyclable materials;

38. Recovered Materials – refers to material and by-products that have

been recovered or diverted from solid waste to be collected,
processed and used as a raw material in the manufacture of a
recycled product.

39. Recyclable materials - means a material which would otherwise

become city waste, which can be collected, separated or
processed, and returned to the economic mainstream in the form of
raw materials or products.

Plastics (by Recycling Code):  While these symbols appear on

many items to identify recyclability, they do not necessarily mean
that they are recyclable.  For instance, a #1 (PET) is very commonly
recycled, while a #7 (Other) cannot be recycled in many places.
Here is a breakdown of the recycling codes and what they all mean:

 #1 PET – This is a type of plastic commonly used in water

bottles, blister packs, and clear food packaging.

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  #2 HDPE – This is a type of higher-melting plastic used in
milk jugs, cleaning solution bottles, trigger bottles, etc.
 #3 PVC – This type of plastic is used in the white pipes/tubes
that most modern plumbing is made with.
 #4 LDPE – This is a type of lower-melting plastic that makes
up your shopping bag and some stretch wrap.
 #5 PP – This is a type of higher-melting plastic used for dairy
tubs, the caps on most bottles, and things like storage
containers.
 #6 PS – This plastic is used to make styrofoam food
containers, disposable dining utensils, and yogurt containers.
 #7 Other – This category refers to everything else that does
not fall into the previous six or a combination of any of the
previous items used together in a single product.  Some other
types of plastics that fall into this category are:
o ABS – This polymer is often used to make rigid plastic
housings for electronics, remotes, toys, and more.
o PA (Nylon) – This plastic is often used in fabrics, plastic zip or
cable ties, and other industrial parts.

40. Recyclable material – refers to any waste material retrieved from

the waste stream and free from contamination that can 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;

41. Recycled material – refers to pose-consumer material that has been

recycled and returned to the economy;

42. Recycling – refers to the treating of used waste materials through a

process of making them suitable for beneficial use and other
purposes, and includes any means by which solid waste materials
15
 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 reuse of previously
used packaging material shall be deemed recycling under this Act;

43. Residual wastes – refers to any material which has no more use at
all and therefore is disposed of from source;

44. Resource conversion – refers to the reduction of the amount of solid

waste that is generated of the decline of overall resource
consumption and utilization of recovered resources;

45. Resource Recovery – refers to the collection, extraction, or

recovery or recyclable materials from the waste stream for
recycling, generating energy, or producing a product suitable for
beneficial use: Provided that such resource recovery facilities
exclude incineration;

46. Reuse – refers to the process of recovering materials intended for

the same or different purpose without the alternation of physical and
chemical characteristics;

47. Sanitary landfill – refers to a waste disposal site designed,

constructed, operated, and maintained in a manner that exerts
engineering control over significant potential environmental impacts
arising from the development and operation of the facility;

48. Schedule of Compliance – refers to an enforceable sequence of

actions or operation to be accomplished within a stipulated time
frame leading to compliance with a limitation, prohibited, or
standard outlined in this Act or any rule or regulation issued
pursuant thereto;

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49. Secretary – refers to the Secretary of the Department of
Environment and Natural Resources;

50. Segregation – refers to a solid waste management practice of

separating different materials fount in solid waste to promote
recycling and reuse of resources and to reduce volume for
collection and disposal;

51. Segregation at source – refers to a solid waste management

practice of separating at the point of different origin materials found
in solid waste to promote recycling and reuse of resources and to
reduce the volume of trash for collection and disposal;

52. Small establishment – refers to all business establishments with

capitalization not more than P50,000,00.

53. Solid waste – refers 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;

54. Solid waste management – refers 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 record aesthetics and other environmental considerations,
and that is also responsive to public attitudes;

55. Solid waste management facility – refers to any resource recovery

system or component thereof, and system, program, or facility for
resource conservation; any facility for the collection, source
separation, storage, transportation, transfer, processing, treatment,
or disposal of solid waste;

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56. Source reduction – refers to the reduction of solid waste before it
enters the solid waste stream method such as product design,
materials substitution, material reuse, and packaging restrictions;

57. Source separation – refers to the sorting of solid waste into some or
all its parts at the point of generation;

58. Special waste – refers to household hazardous waste such as

paints, thinners, household batteries, lead-acid batteries, spray
canister, and the like. These include waste from residential and
commercial sources that comprise bulky rubbish, consumer
electronics, white goods, yard wastes collected separately,
batteries, oil, and tires. These wastes are usually handled
independently from other residential and commercial wastes;

59. Storage – refers to the interim containment of solid waste after

generation and before collection for ultimate recovery or disposal;

60. Transfer stations – refers to those facilities utilized to receive solid

wastes, temporarily store, separate, convert, or otherwise process
the materials in the solid wastes, or to transfer the solid wastes
directly from smaller to larger vehicles for transport;

61. Waste diversion – refers to activities that reduce or eliminate the

amount of solid waste from waste disposal facilities;

62. White goods – refers 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

63. Yard waste – refers to wood, small or chipped branches, leaves,

grass clippings, garden debris, the vegetable residue that is
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 recognizable as part of a plant or vegetable, and other materials
identified by the Commission.

Article 3
The Solid Waste Management Board and Its Composition

The City Solid Waste Management Board (CSWMB) was created

consonant to Republic Act No. 9003, otherwise known as the "Ecological
Solid Waste Management Act of 2000," to adopt systematic, comprehensive,
and ecological solid waste management programs. The CSWMB shall also
effectively and efficiently implement the solid waste management program of
the city. The CSWMB is chaired by the city mayor and represented by
various agencies and CSOs. These are as follows:

CHAIRMAN - City Mayor

CO-CHAIRMAN - SP Chairman - Committee On Environment
and Natural Resources

VICE CHAIRMAN - Department Head – City Environment and

Natural Resources Office

MEMBER - SP Chair on Health,

Social & Related Services

ABC President
Department Head - General Services Office
Department Head – City Planning and
Development Coordinator's Office

Department Head – City Health Office

Department Head – City Engineering Office
Chief PNP Catbalogan City

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 Department Head - City Tourism Officer

Department Head – City Agriculture Office

Department Head – City Budget Office

Department Head – City Accounting Office

Department Head – City Treasurer Office

Department Head – City Cooperative Office

Department Head – City Veterinary Office

Department Head – City Economic

Enterprise and Public Utility Office

SK Representative

Business Sector Representative

City Schools Division Superintendent

Samar State University

City Local Government Operations Officer

City Legal Officer

NGO Representative
Cooperative Sector Representative
Recycling Industry Representative
Senior Citizen Representative
Hotel and Accommodation Association
Representative

Catbalogan Law Enforcement and Auxiliary

Unit (CLEAU)

Provincial Government Representatives

- SP Chairman on Environment
- PENRMO

The City Solid Waste Management Board (CSWMB) decided to

conduct quarterly meetings. This quarterly meeting is purposedly set is to
ensure proper implementation of SWM plans, programs, and projects.

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 The CSWMB shall create monitoring, evaluation, and assessment
mechanism to ascertain proper, effective, and efficient implementation of this
ordinance.

Article 4
The City Solid Waste Management Board Functions

As stipulated in RA 9003 and the City Ten-Year Ecological Solid Waste

Management Plan, the CSWMB has the following roles and responsibilities:

1. Develop the City Solid Waste Management Plan that shall ensure the
long-term management of solid waste and integrate the various solid
waste management plans and strategies of the barangays in its
jurisdiction area. In the development of the Solid Waste Management
Plan, it shall conduct consultations with the various sectors of the
community;
2. Adopt measures to promote and ensure the viability and effective
implementation of solid waste management programs in its component
barangays;
3. Monitor the implementation of the City or City Solid Waste
Management Plan through its various political subdivisions and in
cooperation with the private sector and the NGO's;
4. Adopt specific revenue-generating measures to promote the viability of
its Solid Waste Management Plan;
5. Convene regular meetings for purposes of planning and coordinating
the implementation of the solid waste management plans of the
respective component barangays;
6. Oversee the implementation of the City or City Solid Waste
Management Plan;

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7. Review every two years or as the need arises the City or City Solid
Waste Management Plan for purposes of ensuring its sustainability,
viability, effectiveness, and relevance concerning local and
international developments in the field of solid waste management;
8. Develop the specific mechanics and guidelines for the implementation
of the City or City Solid Waste Management Plan;
9. Recommend to appropriate local government authorities specific
measures or proposals for franchise or build-operate-transfer
agreements with duly recognized institutions, according to R.A.9003, to
provide either exclusive or non-exclusive jurisdiction for the collection,
transfer, storage, processing, recycling, or disposal of city solid waste.
The proposals shall take into consideration appropriate government
rules and regulations on contracts, franchises, and build-operate-
transfer agreements;
10. Recommend measures and safeguards against pollution and for the
preservation of the natural ecosystem; and
11. Coordinate its component barangays' efforts in the implementation of
the City or City Solid Waste Management Plan.
12. Formulate criteria and standards for judging and assess and evaluate
modes of assessment in granting Recognition, Awards, and Incentives
for City Solid Waste Management.

ARTICLE 5

The Barangay Solid Waste Management Committee (BSWMC)

And Its Composition and Functions

Section 4. The Composition of Barangay Solid Waste Management

Committee (BSWMC).

The Barangay SWM Committee shall be composed of the barangay

captain as chair with the following as members:
1. One (1) kagawad
2. SK Chair
3. President of the Home Owners Association
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4. Public/private school principals or representatives
5. One (1) Parents and Teachers Association president or representative
6. One (1) Religious Organization representative
7. One (1) business sector representative
8. One (1) environmental NGO representative
9. President of Market Vendors Association
10. (One (1) representative from Junkshop Owner’s Association

Section 5. Functions and responsibilities of BSWMC.

1. Formulate Solid Waste Management program consistent with the City
SWM Plan
2. SWM Advocacy and Information, Education, and Communications
activities.
3. Segregate and collect biodegradable, compostable, reusable wastes.
4. Establish a Material Recovery Facility
5. Allocate barangay funds; look for sources of funds
6. Organize core coordinators.
7. Organize Barangay and Solid Waste Management Cooperatives and
Associations.
8. Submit SWM monthly reports to the City Environment and Natural
Resources Office for data management, SWM monitoring and
evaluation, and further refinement of reliable waste management
system in the city.
9. Develop the Barangay Solid Waste Management Plan that shall ensure
the long-term management of solid waste and integrate the various
solid waste management plans and strategies of the barangay in its
jurisdiction area. In the development of the Solid Waste Management
Plan, it shall conduct consultations with the various sectors of the
community;
10. Adopt measures to promote and ensure the viability and effective
implementation of solid waste management programs in its component
puroks;

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 11. Monitor the implementation of the Barangay Solid Waste Management
Plan through its various political subdivisions and in cooperation with
the private sector and the NGO's;
12. Adopt specific revenue-generating measures to promote the viability of
its Solid Waste Management Plan;
13. Convene regular meetings for purposes of planning and coordinating
the implementation of the solid waste management plans of the
respective puroks;
14. Oversee the implementation of the Barangay Solid Waste Management
Plan;
15. Review every two years or as the need arises the Barangay Solid
Waste Management Plan for purposes of ensuring its sustainability,
viability, effectiveness, and relevance concerning local and
international developments in the field of solid waste management;
16. Develop the specific mechanics and guidelines for the implementation
of the Barangay Solid Waste Management Plan;
17. Ascertain appropriate implementation of Barangay Solid Waste
Management Plan (BSWMP).
18. Conduct Monitoring, Evaluation, and Assessment of BSWMP.

Article 5.1

Section 4. Brgy. Officials who fail to comply with this ordinance shall be
liable administratively.

Section 5. Recognition, awards, and incentives to the outstanding and

performing barangays, purok, individuals, and communities of the city
who played significant contributions to Solid Waste Management are
subject to the guidelines and rules set by the CSWMB.

24
 Article 6
The City Solid Waste Management Plan

Section 6. Incorporation by Reference – The City Solid Waste Management

Plan adopted and approved by the Sangguniang Panlungsod is hereby
incorporated by reference.

Section 7. Implementation – The City Solid Waste Management Plan shall

be implemented in accordance with the implementation schedule, strategies,
and guidelines contained in the said plan.

Section 8. The Catbalogan City Green Procurement Program – The city

government is now at the forefront of buying green by implementing the
Green Public Procurement (GPP) Regime.

It is an initiative that is part of the Philippine Development Plan

(PDP) 2017-2022's Strategic Framework to Ensure Ecological Integrity,
Clean and Healthy Environment. It bears on the city's commitments to
the Sustainable Development Goals put forth by the UN, contributing to
the development of high-priority national policies on clean air and water,
health and quality of life, waste reduction, and energy supply security
and development of local economies.

As such, the City Government of Catbalogan requires all entities,

barangays, and individuals to promote and support this Green
Procurement Program of the City.

This city's GPP program, supplies, equipment, and services

secured by the city government are subject to specifications that ensure
reduced environmental impact throughout their life cycle.

Article 7
Segregation of Solid Waste

25
Section 9. Mandatory Segregation and Collection of Solid Waste – The
segregation of solid waste shall be compulsory. The segregation of
waste shall primarily be conducted at the source to include household,
institutional, industrial, commercial, and business establishments and
agricultural sources.
The BSWMC shall be the lead group to implement mandatory
segregation of solid waste in every household, commercial, and industrial
establishments within their territorial jurisdiction.
Industrial and other establishments producing hazardous and toxic
wastes shall abide by the city collection processes.

Section 10. Categories of Solid Waste – The Solid Wastes shall be

segregated into the following categories;
a. Compostable or Biodegradable
b. Recyclable
c. Residual
d. Special Waste
e. Hazardous/Toxic

Section 11. Requirements for Segregation and Storage of Solid Waste –

the resources 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 marked
appropriately identified for on-site collection as "compostable," "recyclable,"
"residual" and "special waste." The receptacles shall be adequately covered,
secured, or protected to prevent spillage or scattering to ensure its
containment.

Section 12. Additional Requirements for Premises Containing Six or

More Residential Units) – The owner or the person in charge of the
premises containing six or more residential units shall provide the residents
with a designated area and containers for the accumulated wastes. Besides,
such power or person in charge shall notify the residents or occupants of such
premises on mandatory segregation requirements.
26
Section 13. Additional Requirements for All Commercial and industrial
Establishment – The owner or head of all commercial, institutional, and
industrial establishments shall provide a designated area and containers to
accumulate segregated garbage from source for collection. Also, such owner
or head of the institution shall notify all workers, employees, and entities
working in the premises of segregation requirements. No scavenging or
unauthorized collection in designated segregation containers or areas shall be
allowed.

Article 8

Banning The Use Of Plastic Cellophane And Sando Bags As Packaging

Materials And Utilization Of Polystyrene, Commonly Known As
Styrofoam, For Food And Beverages Containers And Prescribe
Penalties Thereof

Section 14. Banning the Use, Sale, or Provision of Plastic Bags. The
following regulations shall be imposed as follows:
a. Business establishments, fast-food outlets, market vendors,
food kiosks, sari-sari stores, ambulant vendors, and the like are
prohibited from using plastic cellophane and sando bags as
packaging materials for customers.
b. Stores and other retail establishments are mandated to use any
alternative legally compliant packaging material for customers,
such as but not limited to the materials mentioned in Section 15
hereof, in place of single-use plastic cellophane and sando
bags.

Section 15. Alternative Packaging Materials. The use of recyclable,

reusable, or biodegradable alternative packaging materials should be
encouraged and promoted, such as reusable woven bags (bayong), cloth

27
bags, rattan baskets, shopping bags made from recycled waste paper, and
other bags made out of biodegradable materials (e.g., banana leaves, taro
leaves, water lily, corn stalk, etc.) shall be utilized as alternative packaging
materials. All business establishments are encouraged to adopt the "Bring
Your Own Bag" Program.

Section 16. Exemption in the Use of Styrofoams and Plastics. Traders,

brokers, merchants of the perishable fishery, livestock, and poultry products
that require extension and preservation from spoilage are exempted under
section 16 of this ordinance.

Section 16. Incentives for using Reusable bags. Stores are encouraged
to implement the BYOB program and innovate other packaging
materials, and to formulate appropriate incentives to consumers to
promote the use of reusable bags, which may include:
b. Green Lane – Stores may provide special counters or
express lanes called Green Lane to cater to
customers who bring their bags or use reusable
bags.

c. Green Incentive – on the first two years after the

approval of this ordinance, all businesses that
support, adhere, and practice to this entitle them one
percent from the ten percent of their gross sales and
a Plaque of Recognition, which will be awarded
during the celebration of Environmental Day in the
city.

Section 17. Prohibition on the Use, Sale, or Provision of Styrofoam.

Business establishments, restaurants, fast-food outlets, food kiosks,
catering services, and the like shall not utilize, sell, or provide
Styrofoam's or expanded polystyrene foam as containers for food
beverages.

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Section 18. Alternative Containers for Food and Beverage. The use of
reusable and paper-based containers for food or beverage and other
alternative containers are encouraged and promoted.

Section 19. Technical Working Group. For this ordinance, a Technical

Working Group shall be established with the following composition:

Chairman : City Mayor

Co-Chairman : City Vice Mayor
Vice Chairman : SP Committee Chairman on Environment
Members : City Environment and Natural Resources
Office (City ENRO)
Public Information Office
City Veterinary Office
City General Services Office
City Economic Enterprise and
Public Utility Office
City Tourism Office
City Business Permit and Licensing Office
City Law Enforcement and Auxiliary Unit
Joint Inspection Team (JIT)
Business Sector Representative
SP Committee Chairman on Market &
Slaughterhouse
SP Committee Chairman on Trade &
Commerce
Solid Waste Management Partner
Hotel and Restaurant Association

Section 20. The Functions of the Technical Working Group. The

Technical Working Group shall have the following tasks:

a) The TWG shall spearhead the formulation of the Implementing Rules &
Regulation and the Guideline in the proper implementation of this
ordinance;
b) Identify the activities and programs to be conducted during the
moratorium period;
c) Identify the environmental advocacies, programs, and projects to be
funded by the city government;
d) Recommend measures for the proper implementation of this ordinance;

29
e) Conduct of necessary studies (i.e., time and motion study of collection
routed, feasibility studies, and environmental impact assessment) related
to collection, materials recovery facility (MRF), composting and disposal
facility;
f) Provided 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;
g) Formulate, review and refine procedures for SWM operations and
enforcement, including coordination with the groups and sectors providing
to the SWM program;
h) Formulate, review and refine incentives and command and control
systems to reinforce the proper practice of solid waste management;
i) Conduct information, education, and communication (IEC) campaigns;
j) Provide technical and logistical support to the volunteer enforcer's multi-
sectoral monitoring and evaluation team and other groups/task forces
organized to help implement the ESWM plan;
k) Periodically monitor actual implementation of Solid Waste Management
programs, projects, and specific SWM initiatives;
l) Periodically prepare reports on the performance status and analysis of
implementation and enforcement of solid waste management ordinance;
m) Prepare annual work and financial plans;
n) Serve as the secretariat of the ESWM Board. Prepare and submit
periodic reports on SWM 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 summited to the ESWM Board for its
endorsement to the Sangguniang Panlungsod to be included in the city's
annual budget. It shall keep records of all meetings and decisions of the
Board and ensure that such decisions are carried out;
o) The City Agriculture Office will lead to agricultural waste management
activities;
p) The City Economic Enterprise and Public Utility Office (CEEPUO) shall
lead the city market, slaughterhouse, public cemetery, and public
transport facility solid waste management activities;

30
q) The City Health Office (CHO) shall spearhead health care waste
management of the city based on the Health Care Waste Manual of the
DOH and EMB-DENR;
r) Shall serve as the monitoring and evaluation arm of the City Environment
and Natural Resources Office on the rehabilitation, restoration, and
sustainability project of the Antiao River; and,
s) Assist the barangays in the formulation of their respective Barangay Solid
Waste Management Plans; and,
t) Supervise the management of the regular city-wide clean-up activities.

Section 21. Monitoring of the appropriate implementation of the

ordinance. The City Environment and Natural Resources Office (City ENRO),
in coordination with the Technical Working Group and the City Law
Enforcement and Auxiliary Unit (CLEAU), shall monitor this ordinance's
effective implementation. They shall likewise prepare a periodic report on the
progress of implementing this ordinance and furnish the Sangguniang
Panlungsod a copy of the same.

Section 22. Information, Education, and Communication Campaign. The

city through the Public Information Office together with the City
Environment and Natural Resources Office, IEC Team, City Economic
Enterprise and Public Utility (CEEPU), City Business Permit and
Licensing Office, the Joint Inspection Team (JIT), and the City General
Services Office (CGSO) in coordination with the Technical Working
Group shall conduct massive information, education and
communication campaigns. Using quad media (print, radio, television,
and internet) shall include the promotion of alternative biodegradable
packaging materials. The information and education campaign shall
consist of the production and distribution of materials related and
consistent with the provisions of this ordinance.

Section 23. Moratorium and Implementation. The city shall give six (6)
months to all business establishments, sari-sari stores, carenderia, food
31
stores, ambulant vendors, market vendors, food kiosks, and the like
engaged in the use and selling of plastic bags and Styrofoam as
packaging materials for food and beverages. Within the period, all of the
business establishments mentioned shall dispose of their remaining
inventory and for consumers to adjust and conform.

Article 9
Collection and Transport

Section 24. Guidelines – The collection and transport of solid waste shall be
undertaken following the guidelines and mechanisms prescribed in the City
ESWM plan. The minimum prescribed in RA 9003 and IRR shall likewise
comply. The information on solid waste will follow the set schedule, types of
waste to be collected, and concerned officials shall disseminate other relevant
information to the general public.
Violation of this Article shall be liable and punishable under Article 19
of this ordinance.

Section 25. Non-collection of Unsegregated Solid Waste –Segregated

wastes and only the types of garbage scheduled for collection on a
specific day and time shall be collected. Unsegregated wastes shall not
be collected.

Section 26. Storage – All wastes for collection must be stored in properly
sealed/tied receptacles and brought outside households, institutions,
commercial and industrial establishments, and other sources during collection
time only. The presence of these wastes outside of the scheduled collection
time will be considered a violation of this ordinance's anti-littering provision.

Section 27. Transport – The collected biodegradable and recyclable wastes

shall be dropped off at the City MRF. Only the residual and special waste
shall be brought to the disposal site or other alternatives for final disposal.

32
 In areas where the private entity's services assigned for garbage
collection are limited or inaccessible, like coastal and island barangays of the
city, a garbage collection boat shall be assigned to transport the wastes to the
designated area for disposal and treatment.

Section 28. Collection Vehicles – Only collection vehicles covered with nets,
tarpaulins, and other similar materials shall be allowed to transport solid waste
from the collection area to the disposal facility. Collection vehicles shall
provide signage for easy identification and jingles or any audible recognition
mode to acknowledge their garbage collection presence.
The City General Services Office (CGSO) shall closely monitor the
collection of wastes of private and public service providers. The assigned
personnel shall submit a weekly report to the CGSO and City ENRO for
appropriate action.

Section 29. Training and equipment – the private entity assigned to waste
management and collection shall ensure that all personnel directly involved
with the collection of solid wastes shall be provided with the necessary
training to ensure proper handling and management of waste. Personal
Protective Equipment and paraphernalia such as but not limited to helmets,
gloves, masks, and safety boots shall also be provided to protect them from
health hazards posed by handling solid waste. They will again undergo a
regular medical check-up.

Section 30. SWM Orientation. – All commercial and business

establishments are required to undergo a Solid Waste Management
Orientation Seminar at the City Environment and Natural Resources Office.
Failure to comply with this requirement shall be liable under Article 19 of this
ordinance.

Section 31. Issuance of City Environmental Compliance Certificate. All

business and commercial establishments are required to undergo the SWM
Orientation as a prerequisite to all other requirements. Before the release of

33
the City Environmental Compliance Certificate, the following criteria must be
met by the applicant:
a. Solid Waste Management Orientation
b. Environmental Fee
c. Three trash bins with SWM stickers
d. Inspection Report from the Joint Inspection Team

Section 32. Tipping Fee. – For wastes that require treatment at the City
Solid Waste Management Facilities, including toxic and hazardous
wastes.
Collected segregated solid wastes from nearby local government
units shall be charged a tipping fee of ₱5,000.00 per truckload with a
maximum volume of 10 cubic meters and an additional of ₱10.00 per kilo
in excess thereof.
Further, a ₱10.00 per kilo for regular wastes shall be collected
from private entities that dump their garbage at the city's waste
treatment facilities.
Furthermore, treatment of toxic and hazardous wastes shall be
charged ₱100.00 per kilo. Tipping fees shall be collected at the entrance
of the Sanitary Land Fill (SLF) or the gate of the City Solid Waste
Management Facility.

Section 33. Garbage Fee –

[ ] Commercial Business:
[ ] Small - ₱100.00/mo or ₱1,200.00/annum
[ ] Medium - ₱200.00/mo or ₱2,400.00/annum
[ ] Large - ₱500.00/mo or ₱6,000.00/annum
[ ] Household - ₱200.00/mo or ₱2,400.00/annum
[ ] Industrial - ₱1,000/mo or ₱12,000.00/annum
[ ] Institutional - ₱1,000.00/mo or ₱12,000.00/annum
[ ] Medical/Dental - ₱500.00/mo or ₱6,000.00/annum
34
 [ ] Agricultural - ₱200.00/mo or ₱2,400.00/annum
[ ] Tourist Areas, Recreation, and Leisure Sites
- ₱500/mo or ₱6,000.00/annum
[ ] Hotels, apartments, pensionne & lodging houses,
And boarding houses - ₱200.00/mo or ₱2,400.00/annum
[ ] Others - ₱ 500.00 per month

Each business establishment, household, industrial, and other entities

must segregate their wastes to discourage the voluminous disposal of
garbage at the city solid waste management facility. It is encouraged to
dispose of residual wastes and apply the 4R's of Solid Waste Management,
i.e., Reduce, Reuse, Recycle, and Refuse.

Section 33.a. Collection of Garbage Fees – For household residents,

the Barangay Treasurer shall collect SWM fees. The collection of garbage
fees for institutions and establishments shall be incorporated in the payment
of Real Property Tax, Business Permit, and Licenses. Fees collected in the
barangay shall be shared between the city and the barangay concerned at a
50-50% sharing, respectively.
a. City Share:
 General Fund = 70%
 SWM Programs & Projects = 30%
b. Barangay Share:
 General Fund = 30%
 SWM Programs & Projects = 70%
The city share shall be remitted to the City Treasurer's Office within the
first ten days of the ensuing month. Utilization of the SWM fund is subject to
the recommendation of the CSWMB and through the approval of the
Sangguniang Panlungsod.
The barangay share shall form part of their respective income. Details
on the sharing system of the collection of fees in the barangays are further
explained in the IRR of this ordinance.

35
 Article 10
Establishment of Materials Recovery Facility

Section 34. The City Material Recovery Facility – To comply with the
mandatory diversion wastes per RA. No. 9003, the city shall continue to
manage and improve its composting facility, MRF, Recycling, and Bio-Organic
Fertilizer plantation. All barangays are mandated to establish their compost
pits, recycling projects, and material recovery facilities. Likewise, schools,
market establishments, churches, and other significant sources and
organizations shall create and manage their Material Recovery Facility and
handle solid wastes. Such shall be under the strategy and guidelines
prescribed in the City ESWM Plan and the minimum requirements for
operational specified in RA 9003 and its IRR.
Barangays found guilty of violating this section are accountable under
Article 19, section 55 of this ordinance.

Article 11
Disposal Facility

Section 35. Alternative Technology – The City shall establish an

alternative technology instead of a sanitary landfill. The machine
intends to be the final disposal of the residual wastes collected by the
garbage trucks. Solid wastes shall be disposed of to the City MRF for
sorting, and the MRF machinery shall treat residual wastes for final
processing. The requirements and guidelines outlined in the IRR of RA
9003, and this ordinance shall comply in its establishment and
operations.

Section 36. Sanitary Land Fill (SLF) – Republic Act 9003 mandates that
the Local Government Units establish their respective sanitary landfills.
The City of Catbalogan adheres to the environmental laws, rules, and
regulations and shall establish a sanitary landfill to accommodate the
city's residual wastes.
36
 Article 12
Anti-Littering

a. General Rule. No person shall throw or deposit litter in or upon any

street, sidewalk, or other public places within the city, except in
public receptacles, in authorized private receptacles for collection,
or any official city clumps.

b. Sweeping accumulated litter into streets and gutter prohibited.

1. No person shall sweep into or deposit in any gutter or other

public place within the city, accumulating litter from any building
or lot or any public or private sidewalk or driveway. A person
owning or occupying business areas within the city shall keep
the sidewalk free of litter in front of their business premises.

2. No person owning or occupying a place of business shall sweep

into or deposit in any gutter, street, or any other public place
within the city, the accumulation of litter from any building or lot,
or any public or private sidewalk or driveway. A person owning
or occupying the places of business within the city shall keep the
sidewalk free of litter in front of their business premises.

c. The merchant must keep the sidewalk free of litter. No person

owning or occupying a business place shall sweep into or deposit in
any gutter, street, or other public areas within the city. The
merchant shall prevent the accumulation of litter from any other
building or lot or any public or private sidewalk or driveway. Any
person owning or occupying business places within the city shall
keep the sidewalk free from the litter in front of their business
premises.

37
d. Throwing litter from vehicles is prohibited. No person shall throw o
deposit litter upon any street or other public place within the city or
private property while in a moving or parked vehicle.

e. Trucks loads causing litter. No person shall drive or move any truck
or other vehicle within the city unless such a vehicle is so
constructed or loaded to prevent any load, contents, or litter from
being blown or deposited upon any street, alleys, or other public
places. Now shall any person drive or move any vehicle or truck
within the city, the wheels or tires carried onto or deposited upon
any street, alleys or other public place mud, dist: sticky substances,
litter, or foreign matter of any kind.

f. Deposit of litter, mud, or any foreign matter from moving vehicles

upon streets and other places prohibited. – No person shall drive or
move any truck or other vehicle within the city unless such vehicles
are so constructed or loaded to prevent any load, contents, or litter
from being blown or deposited upon any street, alleys, or other
public places. Nor shall any person drive or move any vehicles or
truck within the city, the wheels or tires of which carry or deposit on
any street, alley, public place, mud, dirt, and sticky substances—
litter or foreign matter of any kind.

g. Littering in parks is prohibited. No person shall throw or deposit litter

in any park within the city except in public receptacles. In such a
manner, the litter will be prevented from being carried or deposited
by the elements upon any part of the park or any street or other
public place. Where public receptacles are not provided, all such
litter shall be carried away from the park by the person responsible
for its presence and properly disposed of elsewhere as provided
herein.

38
h. Littering in ponds. No person shall throw or deposit litter in any
fountain ponds, lakes, streams, bay, or any other body of water in
part or elsewhere within the city.

i. Circulation of handbill restriction:

1. No person shall throw or deposit any commercial or

noncommercial handbill in or upon any sidewalk, street, or
public place within the city. Nor shall any person hand out
or distribute or sell any commercial handbill in any public
area within the city to hand out or distribute, without charge
to the receiver thereof, any noncommercial handbill to any
person willing to accept it. However, such handbill shall not
be handed out to moving vehicles on any street or
roadblocks set up on the street thoroughfares and
intersections.

2. No person shall throw or deposit any commercial or

noncommercial handbill in or upon any vehicle. However,
provided that it should be unlawful in any public place for a
person to hand out or distribute, without charge to the
receiver thereof, a noncommercial handbill to any occupant
of the parked vehicle who is willing to accept it.

3. No person shall throw or deposit any commercial or

noncommercial handbill upon any private premises
temporarily or continuously uninhabited. Suppose anyone
requested not to do so or placed on such premises in a
conspicuous position near the entrance a sign bearing the
words. "no trespassing," "no peddlers," or any similar
notice.

j. Littering private property prohibited. – No person shall throw or

deposit litter on any occupied private property within the city
39
 whether owned by such person or not, except that the owner or
person in control of private property may maintain authorized
private receptacles for collection. In such a manner, that litter will be
prevented from being carried or deposited by the elements upon
any street, sidewalk, or other public place or upon any other private
property.

k. Littering vacant property prohibited – no person shall throw or

deposit litter on any open or vacant private property within the city
whether owned by such person or not.

l. "Lado mo limpyo mo." A tag line wherein each household is

obliged to maintain cleanliness within their respective
premises up to the street/road's half lane.

Environmental Task Force.

a. An environmental task force will be created in every barangay and

shall be called barangay environmental task force (BETF), which
will be composed of all the barangay officials, Sangguniang
Kabataan officials, barangay tanods, and purok officials, whom all
are the only deputized individuals who can apprehend any violators
of the aforementioned prohibited acts;

Article 13
Anti-Urinating and Defecating

Section 37. Prohibited or Unlawful Acts – It shall be unlawful for any

person to urinate or defecate in public places or any areas within public
view, other than a toilet facility provided for such purpose. A "place
within public view" is any place where conduct by a person reasonably
may be expected to be open to view by members of the public.

40
 A public place is a place to which the public or a substantial
number of the public has access, such as, but without limiting the
generalization of the foregoing, streets, alleys, schools, places of
amusement, parks, playgrounds, the common areas of private buildings
and facilities as well as such areas of public buildings and facilities.

Article 14
Regulation for Junk Shop Operations

Section 38. – All junk shop owners operating in the city shall secure the
necessary permit and accreditation from City ENRO before the
operation. Junkshop owners should secure membership from a duly
accredited Junkshop Operators Association. The Sangguniang
Panlungsod must approve the accreditation of junkshop associations.
All business owners or their duly authorized representatives from the
collection and non-collection areas must attend an SWM Orientation before
the issuance of the business permit and other clearances.
Junkshop owners shall likewise manage the collection of solid wastes
and Material Recovery Facilities at the barangay level in coordination with the
barangay officials and City environment and Natural Resources Office.
Further, the barangay secretary shall record waste production at the barangay
level for research and development purposes.

Article 15
Incentive Programs

Section 39. Search for Best SWM Implementers – The City shall conduct
a City-wide annual Search for Best SWM Implementers in schools,
Barangays, institutions, and establishments, including individuals who
played a significant role in City Solid Waste Management
implementation and innovations. The City SWM Board shall develop the

41
mechanics for this contest following the mechanics used in the existing
national search for model barangays implementing ESWM. Barangay
LGU's are likewise encouraged to conduct similar competitions at the
purok level.
The CSWM Board may include additional criteria and mechanics
that will facilitate the screening before the SWM competition. Likewise,
the City Mayor's Office shall pass an Executive Order for the SWM
competitions.

Section 40. Discounts on SWM Fees – There shall be a ten percent (10%)
discount on the SWM fee when such is paid in full on or before January 20 of
every year.

Section 41. Redemption Scheme for Recyclables – Barangay LGU's are

mandated to establish and implement a redemption scheme for
recyclables. Redeemable price stubs shall be given for recyclables
brought to the barangay MRF's which can be exchanged for cash,
goods, or any available products.
The Solid Waste Management Board shall prepare the mechanics for
the redemption scheme.

Section 42. Information, Education, and Communication (IEC) – The city

shall implement an IEC program according to the City SWM Plan's
strategies, mechanisms, and guidelines.
The City SWM Board shall prepare an annual financial proposal
for SWM programs and projects and shall be submitted to the
Sangguniang Panlalawigan for perusal and approval.

Section 43. IEC Materials – A variety of IEC materials shall be developed

to support the SWM communication program. Printed materials such as
tarpaulin, posters, flyers, billboards, and banners shall be designed,
reproduced, and distributed to target constituents. Public service
announcements, radio, and TV plugs/programs shall be prepared and
aired through the local stations and local cable networks.
42
Section 44. Creation of IEC & Advocacy Teams – A City IEC & Advocacy
team shall be created and responsible for promoting SWM concerns in
the city. The IEC & Advocacy team, in coordination with the CITY ENRO.

Section 44.a. Composition of the IEC and Advocacy Teams.

– The IEC and Advocacy Team shall be composed of the
following:

 City Environment and Natural Resources Office

 City Information Officer
 Association of Barangay Chairmen (ABC)
 Samahang Kabataan (SK)
 Catbalogan City Division
 YES-O

Section 44.b. Functions of the IEC and Advocacy Teams:

1. prepare and implement detailed communication plans to support

the implementation of the 10-year SWM Plan;
2. develop, reproduce and disseminate SWM promotional
materials;
3. conduct information/advocacy campaign to waste generators;
4. establish a linkage/network with partners to generate support for
SWM success stories;
5. organize and train barangay IEC Committees;
6. document bets SWM practice/model and facilitate
publication/distribution of SWM success stories; and
7. perform such other function as may be required

43
 Article 16
Financing of Solid Waste Management Projects

Section 45. Funding – The Sangguniang Panlungsod shall appropriate funds

to effectively and efficiently implement the annual programs and projects
specified under the Ten-Year City Solid Waste Management Plan.

Article 17
Procurement of Services, Materials, and Equipment

Section 46. – The procurement services, materials, and Equipment for SWM
activities shall follow the procedures set in the 2016 Revised Implementing
Rules and Regulations of the Government Procurement Reform Act (RA
9814). The City Bids Awards Committee (CBAC) shall ensure that
transparent, competitive, and participatory procedures with be followed in the
bidding and award of the contracts and that there will be a periodic
assessment of the contractors' performance.

Article 18
The City Solid Waste Management Fund

Section 47. Establishment of the Fund – There is a created, particular

account for the City Solid Waste Management Fund.

Section 48. Management of the Fund – The City SWM Board, shall develop
pertinent guidelines on the fund's utilization direction. This is to ensure proper
and appropriate utilization of the Solid Waste Management Funds.

44
Section 49. Sources of SWM Funds – The City SWM fund shall be sourced
from the following:
a. Donations, endowments, grants, and contributions from
domestic and foreign sources;

b. City allocation or share in the fines collected pursuant to RA.

No. 9003 and IRR;

c. Fees collected from the provision of solid waste services such

as collection, recycling, and transport, among others;

d. Sub-contracting fees including management, transport, and

others; and,

e. The funds allocated by the Sangguniang Panlungsod for solid

waste management shall be determined based on needs and
shall be acquired from the city's General Fund

Section 50. Use of the Fund – The City Solid Waste Management Fund
shall be used to support the implementation of the City SWM Plan, including
products, facilities, technologies, processes, and endeavors to enhance its
implementation. These may include activities/projects on the following:

a. Augmentation of the MOOE Fund of the City ENRO intended

for the solid waste management programs and projects and
other operating and maintenance expenses. Additional
significant costs may consist of per diems and honoraria
following the regulations of the Commission on Audit and
different existing accounting rules and regulations;
b. Products, facilities, technologies, and processes to enhance
proper solid waste management;
c. Research and Development activities;
d. Information, education, communication;
e. Monitoring and Evaluation;
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 f. Capability-building activities;
g. Awards and recognition expenses; and
h. Other SWM programs and projects.

Section 51. Criteria for Accessing the Fund – The City SWM fund may be
availed based on the following criteria:

a. The project or activity proposed to be funded shall be found

on the City SWM Plan;
b. Only one project per proponent shall be eligible for funding
support;
c. A proponent may avail of the fund but not for the same project
or activity in the same year of implementation;
d. Proponents from the private sector and civil society groups
shall be accredited;
e. Project/activity types under the following categories may be
considered:

1. SWM projects that analyze and catalyze investment

2. The innovation of SWM approaches and;
3. Prototyping SWM models

Section 52. Level of Funding – The funding for projects or activities

proposed to be sponsored under the City SWM fund shall be determined and
set by the City SWM Board.

Section 53. Administrative Provisions.

(a) For purpose of the imposition, the area of garbage collection

shall be on the following barangays: Barangay 01, Barangay
02, Barangay 03, Barangay 04, Barangay 05, Barangay 06,
Barangay 07, Barangay 08, Barangay 09, Barangay 10,
Barangay 11, Barangay 12, Barangay 13, Barangay
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 Bunuanan, Barangay Guinsorongan, Barangay
Guindapunan, Barangay Socorro, Barangay San Andres,
Barangay Canlapwas, Barangay Lagundi, Barangay Muñoz,
Barangay San Pablo, Barangay Mercedes, Barangay
Maulong, Barangay Payao, Barangay Pupua, Barangay
Silanga, Barangay San Roque, Barangay Cabugawan,
Barangay Estaka, Barangay Iguid, Barangay San Vicente,
Barangay New Mahayag and Barangay Old Mahayag. Other
barangays not mentioned herein may request CITY ENRO
for their garbage collection.

(b) The owner or operators of the business, as mentioned earlier,

shall provide for his premises; the required covered garbage
can or receptacle, which shall be placed in front of his
establishment before the assigned schedule of garbage
collection.

(c) The sanitary inspector (or City Health Officer), City ENRO
Staff, and the Joint Inspection Team (JIT) shall inspect once
every month of the said business establishment to determine
whether garbage is properly segregated and disposed of
within the assigned premises.

(d) This article shall not apply to business operators or

establishment which provides their garbage disposal system
in adherence to the requirements set by the City ENRO.

Section 54. Penalties – For non-payments, a surcharge of five percent (5%)

per annum shall be imposed. The due date is the 20 th day of the last working
day of the month for households and the 20 th day of January for business
establishments and institutions that are supposed to pay annually or renew
their business permits.

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 Article 19
Prohibited Acts, Fines, and Penalties

Section 55. Prohibited Acts – In addition to the prohibitions mentioned earlier,

the following acts violated by any person or entity are likewise provided.
Along with the violations of this ordinance are its corresponding fines and
penalties, which are as follows:

Prohibited Acts Fine/Penalty

st
For individual littering and throwing of 1 Offense P500.00 or 1 hour of
garbage/ waste matters in public and private community service
places 2nd offense P700.00 or 2 hours of
community service
3rd offense P1,000.00 or 3 hours
of community service
st
For any residence, business establishment 1 offense P1,300.00
and or other entity 2nd offense P1,500.00
3rd offense and succeeding
offense P2,000.00 with a
corresponding cancellation of
license to operate a business
establishment
Any minor caught littering and throwing of 1st offense orientation by the City
garbage/ waste matters in public and private Social Welfare and
places Development Office (CSWDO)
for 30
nd
2 offense orientation for 30
minutes with parents or
guardian by the City Social
Welfare and Development
Office (CSWDO)
3rd and succeeding offense a fine
of P300.00 and 30 minutes
with parents or guardian by
the City Social Welfare and
Development Office (CSWDO)
For public conveyance (e.g., buses, jeepneys, 1st offense P1,300.00
tricycle, motorboats, passenger boats), non- 2nd offense P1,500.00
allocation of trash bins for residual and 3rd offense and succeeding
biodegradable waste offense P2,000.00 with a
corresponding cancellation of
license to operate a business
establishment

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Non-segregation of solid waste at source 1st offense P2,000.00 or
Unscheduled bringing out of waste imprisonment of not less than
Unauthorized dumping of solid waste at the one day and not more than
disposal facility five days
Improper dumping of waste 2nd offense P3,000.00 or
Transport of solid waste without cover (nets imprisonment of not less than
or other covering material to avoid spillage of one day and not more than
waste while on transportation ten days
rd
Open burning of solid waste, including 3 offense P5,000.00 or
agricultural waste imprisonment of not less than
one day and not more than
fifteen days
Improper disposal of livestock waste 1st offense P2,000.00 or
imprisonment of not less than
one day and not more than
five days
2nd offense P3,000.00 or
imprisonment of not less than
one day and not more than
ten days
rd
3 offense P5,000.00 or
imprisonment of not less than one
day and not more than fifteen
days
Non-compliance on the use of plastic 1st offense P2,000.00
2nd offense P3,000.00
3rd offense P5,000.00 or
imprisonment of not less than
one day and not more than
fifteen days or revocation of
business permit.
Business establishments, sari-sari stores, First Offense: = P2,000.00
ambulant vendors, market vendors, food Second Offense: = P3,000.0
kiosks, and the like violate Section 12 and Third offense: = P5,000.00
Section 15 of this ordinance. and cancellation of license to
operate in the case of business
establishments
Urinating or defecating in a public place or 1st Offense P500.00 or 6 hours
any place within public view other than a toilet community service
facility 2nd offense P700.00 or 8 hours
community service
3rd offense P1,000.00 or 10 hours
community service
Any minor Urinating or defecating in a public 1st offense orientation by the City
place or any place within public view other Social Welfare and
than a toilet facility Development Office (CSWDO)
for 30
2nd offense orientation for 30
minutes with parents or
guardian by the City Social
Welfare and Development
Office (CSWDO)
3rd and succeeding offense a fine
of P300.00 and 30 minutes

49
 with parents or guardian by
the City Social Welfare and
Development Office (CSWDO)

Section 55.a. CECC Compliance. - Failure to comply with the

required Environmental Compliance Certificate from the City Environment and
Natural Resources Office (City ENRO) within ninety (90) days after the
issuance of the temporary business permit shall be subject to a penalty of
Five Thousand Pesos (₱5,000.00) or automatic revocation of business permit.

Article 20
Procedure

Section 56. Violation of the Ordinance – The following procedure shall be

observed in case of a breach of this ordinance:

1. Apprehension
2. Issuance of Citation Tickets
3. Payment of fine or render community service depending on
the prescribed penalty
4. Issuance of a demand letter
5. Filling of a case in court, if necessary

Article 21
Enforcement Mechanisms

Section 57. Enforcement – This Ordinance shall be enforced by the

Philippine National Police (PNP) and deputized SWM enforcers. The
deputized City Law Enforcement Auxiliary Unit (CLEAU) shall consist of the
following groups, namely:

50
 a) regular enforcers
b) auxiliary enforcers
d) civic organizations

Section 58. Functions of the City Law Enforcement Auxiliary Unit

(CLEAU) – The functions to be performed by the regular enforcers are the
following:

1. Coordinate the actions and activities of the CLEAU and

deputized volunteers;

2. Apprehend violation of SWM Ordinances and issue citation

tickets;

3. Prepare and submit monthly accomplishment reports to the

City Mayor's Office and provide copies to the City ENRO and
the City Treasurer's Office.

Section 59. Composition and Functions of Barangay Auxiliary Enforcers

– The auxiliary enforcers will consist of the Deputized Barangay Officials and
Barangay Tanods. They will be tasked to enforced specific SWM regulations
in their areas of jurisdiction.

The following are the functions to be performed by the auxiliary

enforcers:

1. Apprehends violation of SWM ordinances within their areas

of jurisdiction and issue citation tickets. The Head of the
SWM Section of the CITY ENRO shall prescribe the specific
SWM Ordinances and regulations of the city that may be
enforced by the auxiliary enforcers;

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 2. Immediately return the copies of issued citation tickets either
to the barangay treasurer or barangay captain depending on
the penalty or a fine imposed;

3. Prepare and submit monthly reports to the CITY ENRO and

furnish copies of such to the City Treasurer's Office.

Section 60. Volunteer Enforcers – To supplement the regular and auxiliary

enforcers, a corps of deputized volunteer enforcers will be formed. Volunteers
may be civil society organizations (POs, NGOs, youth groups, etc.), purok
officials, and other concerned citizens who voluntarily render their services for
Solid Waste Management. The City ENRO shall take into account, at the very
least, the apprehending, recording, and reporting responsibilities of deputized
volunteers. Also, it is essential to consider that to be effective, those in
enforcement must command some respect from other members of the
community.

Section 61. The function of Deputized Volunteers – The role of Deputized

Volunteers are as follows.

1. Apprehend violation of SWM ordinances and issue citation

tickets. The head of the SWM Section shall prescribe the
specific SWM Ordinances and regulations of the City that
may be enforced by the deputized volunteers;

2. Immediately return the copies of issued citation tickets to the

barangay/city treasure or barangay captain/ CITY ENRO
depending on the assigned/defined area of jurisdiction and
the penalty/fine imposed;

3. Prepare and submit monthly reports to the City ENRO and

Section 62. Recruitment – To initiate the process of recruitment, the City

ENRO will hold LGU-wide information dissemination and orientation regarding
52
the need for volunteers, the criteria for selection, and their roles and
responsibilities. The SWM Section will then evaluate and screen the
applicants. The results of the screening will be published or posted in strategic
places.

Section 63. Deputization – The process of deputation will start with the
training of regular enforcers, auxiliary enforcers, and selected volunteers. The
PNP and the City ENRO shall organize the training to be conducted and may
seek assistance or engage the services of qualified persons or organizations
in developing the training module/s. The training/s shall, at the minimum,
cover the following topics:

1. Critical Components of the City ESWM Plan

2. SWM Ordinance of the City
3. Role and functions of enforcers
4. Legal Considerations in making Apprehensions
5. Procedure for apprehension and issuance of citation tickets
6. Reporting requirements, and
7. Values formation

After completing the required training hours, a certificate of

recognition, and the issuance of identification cards shall be distributed to the
newly recognized and deputized enforcers.

Section 64. Evaluation of Volunteers – Volunteers will be evaluated after

the training, and those who pass shall go through a probationary period of one
month as temporary enforcers. After the probationary period, they shall again
be evaluated, and the City Mayor shall deputize those who pass. The
delegation shall be valid for one year, after which, the deputized volunteers
shall again undergo the process of evaluation to determine their fitness to
serve.

Section 65. Incentives and Rewards for Enforcers – The City shall give
incentives and rewards to enforcers as follows:
53
 A) Regular and Auxiliary Enforcers

1. A cash award of seventy percent (50%) of the penalty paid

shall be given to the Regular or Auxiliary enforcer for every
apprehension.

2. For every apprehension, a Certificate of Recognition will

be awarded by the City Mayor to the Regular or Enforcer
concerned.

B) Deputized Volunteers

1. For every apprehension, a cash award of fifty percent

(50%) of the penalty paid shall be given to the
apprehending officer after submitting the required monthly
reports.
2. The most efficient and effective apprehending officers shall
be awarded by the city mayor with a certificate of
recognition during the environmental day's annual
celebration.

Fines collected from apprehensions within the barangays shall

be divided as follows:

1. Solid Waste Management Enforcers – 50%

2. Barangay LGU Fund/PTA or School Body Fund – 25%
3. City LGU Fund – 25% to cover administrative costs

Section 66. Monitoring and Evaluation – Enforcement activities will

undergo periodic monitoring and evaluation. Enforcers are expected to
regularly report on their performance using pre-agreed performance indicators
and from regular "feedbacking" sessions among enforcers. The city will also
54
consult various sectors to get their assessment and to identify with them
areas for improvement.

Section 67. Strategy – enforcement activities on the year of implementations

of the City ESWM plan will be geared towards the inculcation of proper solid
waste management; Enforcement activities will also strengthen the IEC
campaign. Based on the experience gathered in the first year, a detailed
enforcement plan for the succeeding years will be prepared by the CITY
ENRO.

Three months after the conduct of IEC activities, SWM regulations will
be strictly implemented. Fines and penalties will be fully imposed on violators.
There will be regular inspections of establishments to ensure the solid wastes
are appropriately segregated and stored and that collection rules are followed.
There will be random checking of vehicles to see if waste receptacles are
provided. No business permit will be issued or renewed until establishment
owners or their duly authorized representatives attend the required annual
SWM seminar.

Article 22
Community Involvement

Section 68. Public Notification – The Constituents of Catbalogan City shall

be informed regularly of acts performed and activities undertaken in
connection with the implementation of SWM of Catbalogan City. Notices of
such actions and events shall be routinely posted in a bulletin board at the
City Hall entrance, at the posted office of CITY ENRO, CEO, in all Barangay
Halls, at the Public Market and other conspicuous places. The CENR Office,
supported by the City IEC Team, shall be responsible for posting the above
information.

Section 69. Public Participation – The CENR Office shall ensure the public
participation is maximized in implementing the ESWM Plan. For this purpose,
55
the CITY ENRO or the Ecological SWM Board shall conduct public
consultations with concerned stakeholders on matters that would affect the
latter Results of such public consultations shall be taken into consideration
before the actual implementation of the particular component of the City SWM
Plan.

Article 23
Appropriation

Section 70. Appropriation – To effectively carry out the implementation of

the City SWM Plan and enforcement of this ordinance, the sum of not less
than P 500,000.00 is hereby appropriated from the General Fund for the first
year of its implementation. The budget for the subsequent years of application
shall be based on the City SWM Annual Plan, approved by the CSWMB, and
be included in the Annual City Budget Ordinance.

Section 71. Implementing Rules and Regulations – The following offices

shall convene and formulate the IRR of this ordinance, to wit:
a. City Environment and Natural Resource Office
b. City Administrator
c. City Health Office
d. City Tourism Office
e. City General Services Office
f. City Veterinary Office
g. City Engineering Office
h. City Agriculture Office
i. City Planning and Development Coordinator Office
j. City Economic Enterprise and Utility Office
k. City Legal Office
56
 l. City Law Enforcement and Auxiliary Unit
m. City Treasurer Office
n. City Budget Office
o. City Accounting Office
p. Association of Barangay Captains (ABC)
q. Samahang Kabataan (S.K.)
r. DILG
s. City Procurement Office

The Implementing Rules and Regulations (IRR) shall be formulated

forty-five (45) days after this ordinance's approval. It shall be published in
newspapers of local circulations within forty-five (45) days.

Section 72. Adoption Clause – This Ordinance shall be adopted by the fifty-
seven (57) barangays of Catbalogan City.

Article 24
Miscellaneous Provisions

Section 73. Separability Clause. – If any provision of this ordinance or the

application of such provision to any person or circumstances is declared
invalid, the remainder of the Ordinances or the use of such provision to the
other persons or circumstances shall not be affected by such declaration.

Section 74. Repealing Clause – All provisions inconsistent with this

ordinance are hereby repealed.

Section 75. Effectivity – This Ordinance shall take effect fifteen days after a
copy hereof is posted in a bulletin board at the entrance of the City Hall and in
at least two conspicuous places and after publication in a locally circulated
newspaper.

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58