Professional Documents
Culture Documents
SANGGUNIANG PANLUNGSOD
Ordinance No. ___, Series of 2011
WHEREAS, Section 458, No. 1 (vi), Article Three of RA 7160 mandates the
Sangguniang Panlungsod to “Protect the environment and impose
appropriate penalties for acts which endanger the environment, such as
dynamite fishing and other forms of destructive fishing, illegal logging and
smuggling of logs, smuggling of natural resources products and of
endangered species of flora and fauna, slash and burn farming, and such
other activities which result in pollution, acceleration of eutrophication of
rivers and lakes, or of ecological imbalance;”
WHEREAS, City Ordinance No. 101, Series of 2000 maintained that the city
government shall control and regulate the growth and future development
of Angeles City in accordance with its development plan;
WHEREAS, City Ordinance No. 282, Series of 2010 created the City
Environment and Natural Resources Office (CENRO). It is the primary office
of the City Government of Angeles in the campaign for environmental
management and enhancement, protection and conservation of the city’s
natural resources and maintenance of ecological balance, and
WHEREAS, the Local Government Code and the Ecological Solid Waste
Management Act of 2000 state that cities may impose and collect such
reasonable fees and charges on business, occupations and to households in
relation to the promotion of environmental management and conservation.
ARTICLE I
GENERAL PROVISION
Section 1. Short Title. This code shall be known and cited as the
“Environment Code of Angeles City,” and shall be commonly referred to as
the Angeles City Environment Code.
(2) Infectious waste from hospitals such as equipment, instruments, utensils, and
fomites of a disposable nature from patients who are suspected to have or have
been diagnosed as having communicable diseases and must therefore be
isolated as required by public health agencies, laboratory wastes such as
pathological specimens (i.e. all tissues, specimens of blood elements, excreta,
and secretions obtained from patients or laboratory animals) and disposable
fomites that may harbor or transmit pathogenic organisms, and surgical
operating room pathologic materials from outpatient areas and emergency
rooms; and
(3) Waste resulting from mining activities, including contaminated soil and
debris.
ARTICLE II
AIR QUALITY MANAGEMENT
a) The City Government shall implement air quality standards set by the
National Governing Board for RA 8749 in areas within its jurisdiction.
b) The City ENRO in coordination with the DENR shall be responsible for
the enforcement of ambient air quality emission and noise standards,
including monitoring and surveillance of air pollutants, licensing and
permitting of air pollution control facilities.
c) The City ENRO, in coordination with DOTC, may establish an Anti-
Smoke Belching Unit (ASBU) and shall implement emission standards
for motor vehicles and the City Mayor may deputize other
appropriate law enforcement agencies for the purpose.
d) All stationary sources must comply with the National Emission
Standards for Source Specific Air Pollutants (NESSAP) and National
Ambient Air Quality Standards (NAAQS) and must secure their permit
to operate.
e) Existing air quality emission and noise standards may be revised
and/or modified consistent with new development and technology.
f) Establishments that emit noise or dust pollution must provide
containment facilities for such pollution and scrubber for volatile
organic carbon to avoid emission of odor nuisance.
The City Chief Executive shall regularly review and implement a traffic
control and management plan with the concurrence of the Sangguniang
Panlungsod to reduce congestion of vehicles in city streets at all times.
Water resources in the city shall be utilized and managed for the primary
purpose of:
Within six (6) months upon effectivity of this Code, the City Mayor shall
organize a multi-sectoral City Water Resources Management Board
(CWRMB). The City ENRO shall serve as the permanent Secretariat of the
said board.
The CWRMB shall be vested with the following duties and responsibilities:
The City of Angeles shall pursue the following policies and guidelines for
proper utilization of water. Pursuant to the provisions of the Water Code of
the Philippines, utilization of the water resources for domestic, agricultural,
industrial and the environment shall be allowed provided it is in
consonance with the global and national agenda in the development of
water.
Pursuant to the provision of the Clean Water Act of 2004, the Water Quality
Management Area of Angeles City shall be designated for the purpose of
maintaining water production, conservation and protection. The WQMA
designated by the Angeles City Government shall be delineated together
with DENR.
a) All areas that serve as watershed for the water supply of Angeles
City including but not limited to the groundwater resource.
b) The Angeles City Government shall initiate the formation of Water
Quality Management Area for the Abacan River and Sapang Balen
Creek in coordination with other concerned Local Government Units
to control the cumulative negative impacts of land development,
industries and agriculture particularly from livestock and poultry.
The city government may also raise funds to subsidize necessary expenses
for the operation and maintenance of sewerage treatment or septage
facility through local property taxes and enforcement of a service fee
system.
One (1) year upon the effectivity of this Code, all new house dwellings and
any other buildings to be constructed shall have a three (3) chamber
concrete septic vaults for sewage containment. The digestive chamber of
the vault should have a concrete flooring with a minimum dimension of
1.80 m. x 1.50 m. x 0.90 m. for its length, depth and width, respectively
while the two (2) leaching chambers should have at least 20 cm. of gravel
base with minimum dimensions of 0.90 m. x 1.50 m. x 0.90 m. for their
length, depth and width, respectively.
Any person who commits any of the prohibited acts provided in this Article
shall be penalized in the amount of not less than Ten Thousand Pesos
(PhP10,000.00) but not more than Two Hundred Thousand Pesos
(PhP200,000.00) for every day of violation. The fines herein prescribed shall
be increased by ten percent (10%) every two (2) years to compensate for
inflation and to maintain the deterrent function of such fines. This
paragraph shall be without prejudice to the issuance of an ex parte order
for such closure, suspension of development or construction, or cessation
of operations during the pendency of the case.
ARTICLE IV
LAND RESOURCES AND CONSERVATION AREAS
( Agricultural, Industrial, Commercial, Residential, Institutional and
Conservation Areas)
1. Building Design
h) Building design shall specify materials and systems that simplify and
reduce maintenance requirements. Adopt such buildings design that
would require less water, energy, and toxic chemicals and cleaners
for maintenance.
i) Protect the health of building occupants, construction workers,
installers and/or maintenance staff by using products that are safe.
Reduce pollutant sources in both interior and exterior environments.
Use low-emitting, low Volatile Organic Compound materials.
j) Recognize local developers promoting green building design and
owners of buildings with green design by providing financial and non-
financial incentives to them.
2. Green Infrastructures
ARTICLE VI
NATURAL RESOURCE MANAGEMENT AND CONSERVATION
Sand and gravel are identified non-metallic minerals within the City. These
non-renewable resources should be harnessed without degradation of the
environmental resources, destruction of the unique landscape, loss of
biodiversity and loss of lives and accident. Small scale quarrying needs
permit from the Office of the Provincial Governor, environmental
compliance certificates from DENR, City Environmental Clearance from the
City ENRO.
ARTICLE VII
ENERGY RESOURCES
The City government shall explore and promote all available efficient
technologies that utilizes renewable energies such as but not limited to
solar energy as an alternative fossil fuel.
Any person who commits any of the prohibited acts provided in the
immediately preceding section shall be penalized and be fined an amount
not less than Five Thousand Pesos (PhP 5,000.00) or imprisonment of not
more than one (1) year or both, at the discretion of the Honorable Court. If
the offense is committed by a firm, corporation, partnership or other
juridical entity, the chief executive officer, president, general manager or
person-in-charge shall be held liable.
ARTICLE VII
ECOLOGICAL SOLID WASTE MANAGEMENT
b) The Board shall be composed of the City Mayor as the head, with the
the following members:
a) The City Government, through the City ENRO, shall conduct a regular
Waste Audit and Characterization Study (WACS) preferably every two
(2) years upon effectivity of this Code. The result of the WACS shall
serve as one basis for enhancing the Plan in terms of what
appropriate strategy shall be employed to reduce further waste
generation in the city;
b) Maintain and operate the City Materials Recovery Facility and
Transfer Station;
c) Maintain cleanliness and collect solid waste along the city’s identified
service areas. These service areas are:
All barangays in the city shall organize a Barangay Solid Waste Management
Committee. And pursuant to Section 6 of RA 9003, the Barangay SWM
Committee shall have the following function and responsibilities:
d) One (1) year upon effectivity of this Code, the City Government shall
enforce the “no segration, no collection policy.”
Owners of vacant lots within the city are required to keep their lots
enclosed by a provisional wall to prevent it from becoming a dumping area
of refuse.
The fines herein prescribed shall be increased by at least ten percent (10%)
every three (3) years to compensate for inflation and to maintain the
deterrent function of such fines.
ARTICLE IX
INDUSTRIAL AND TOXIC HAZARDOUS WASTE MANAGEMENT
The manufacturers and processors shall shoulder the cost of testing the
chemical substance or mixture that will be manufactured or processed.
To prevent the dispersion of heavy metals and electronic wastes, the City
ENRO will recommend a day in each month for the collection and recovery
of these wastes. Secured and safe storage facility must be constructed
before the start of collection program.
Section 73. Information and Education Program
The City ENRO, in cooperation with universities, industries and the DOST,
shall develop training programs on cleaner production, pollution
prevention, waste minimization, environmental performance evaluation
and environmental management system for small and medium enterprises,
universities, colleges, hospitals, malls, public market administrators and
hotels, among others.
a) The City shall ensure the proper disposal and management of agro-
industrial waste from farms and commercial establishments within
the jurisdiction of the City in compliance with relevant Philippine
environmental laws, rules and regulations.
b) Agricultural chemicals shall be handled, treated and disposed off
accordingly to safeguard the environment and the people using
them.
c) Crop, livestock and poultry production should be protective of the
soil, groundwater, river and air while enhancing productivity and
safety of agricultural products for human health.
ARTICLE XI
BIODIVERSITY PROTECTION AND BIOSAFETY
a) Protect our flora and fauna, their habitats and to enhance biological
diversity; and
b) To regulate the collection and trade of wildlife in the city.
a) The City ENRO, in coordination with the DENR, shall conduct a survey
on the extent, condition, status, and over-all situation of biodiversity
and wildlife resources in the city and the survey result shall be
updated every three (3) years by the City ENRO.
b) The introduction, re-introduction or restocking of endemic and
indigenous species of wildlife may be allowed only for population
enhancement or recovery purposes.
c) No exotic species shall be introduced into the city unless covered
with a DENR clearance and the corresponding permit from the City
ENRO.
d) Breeding or propagation of wildlife for commercial purposes may be
allowed provided that it is covered with a wildlife culture permit
issued by appropriate DENR agency.
e) The City ENRO shall develop and establish a program for the
conservation of endangered, threatened, extinct, or rare species of
wildlife flora and fauna.
ARTICLE XII
ENVIRONMENTAL IMPACT ASSESSMENT
The City ENRO and the City Planning and Development Office shall be the
primary units of the City Government responsible for the implementation
of the provisions of this Code on EIA. And it shall:
ARTICLE XIII
ENVIRONMENTAL MANAGEMENT SYSTEM
ARTICLE XIV
ENVIRONMENTAL INFORMATION AND EDUCATION CAMPAIGN PROGRAM
a) The City ENRO shall coordinate closely with the City Information
Office to develop and implement an efficient, effective and sound IEC
Program using various means and format of communication.
b) The City Government, through the Local School Board, shall
coordinate with the Department of Education (DepEd) to integrate in
the curriculum environmental subjects and lesson including the
conduct of environmental projects and activities inside the public
schools.
c) The City Government shall establish partnerships with private
tertiary schools to integrate in their respective community outreach
service program the conduct of environmental projects and activities
inside their school premises and adopted communities.
ARTICLE XV
CITY ENVIRONMENTAL CLEARANCE AND OTHER ENVIRONMENTAL
PERMITS
The Permit is issued by City ENRO for the cutting of trees inside the city.
a) Only the owner of the land on which the tree/s to be cut is located or
his duly authorized representative is qualified to apply for a Tree
Cutting Permit.
b) The applicant shall submit the following:
c) The application shall be processed not later than fifteen (15) days
from receipt by the City ENRO.
d) No trees shall be cut within the city without a Tree Cutting Permit
duly approved by the City Government.
This is a permit issued by the City Mayor for the collection, possession,
transport, exportation, and trade of wildlife flora and fauna. Only the
legitimate owner of the wildlife is qualified to apply for a Wildlife Permit.
He/she must be of legal age and a Filipino citizen.
b) The application shall be processed not later than fifteen (15) days
from receipt by the City ENRO.
This permit issued by the City Mayor through the City ENRO to quarry
stones and boulders purposively for local engineering projects.
ARTICLE XVI
INSTITUTIONALIZATION OF THE CITY ENRO
The Angeles City ENRO, or City ENRO, created by City Ordinance No. 282
Series of 2010, as a division under the Office of the City Mayor, shall be the
lead unit for the enforcement of the various environmental and natural
resources laws and regulations including those functions and programs that
have been devolved by DENR to the LGU as provided for by RA 7160.
ARTICLE XVII
ENVIRONMENTAL PUBLIC- PRIVATE PARTNERSHIP PROGRAM
Republic Act;
Republic Act No. 3983 (1932) An act to protect wild flowers and plants in
the Philippine Islands and to prescribe conditions under which they may be
collected, kept, sold, exported, and for other purposes.
Republic Act No. 3571 (1963)-An Act to Prohibit the Cutting, Destroying or
Injuring of Planted or Growing Trees, Flowering Plants and Shrubs or Plants
of Scenic Value along Public Roads, in Plazas, Parks, School Premises or in
any other Public Ground.
Republic Act No. 6716 (1989) Rainwater Collection and Spring Protection.
Republic Act No. 6969 (1990) Toxic Substances and Hazardous and Nuclear
Waste Control Act.
Republic Act No. 7586 (1992) National Integrated Protection Areas System
Act.
Republic Act No. 8041 (1995) The National Water Crisis Act.
Republic Act No. 8435 (1997) Agriculture and Fisheries Modernization Act.
Republic Act No. 9003 (2000) Ecological Solid Waste Management Act.
Republic Act No. 9147 (2001) An Act Providing for the Conservation and
Protection of Wildlife Resources and their Habitats.
Republic Act No. 9168 (2002) Philippine Plant Variety Protection Act.
Presidential Decrees;
Presidential Decree No. 825 (1975) Providing Penalty for Improper Disposal
of Garbage and other Forms of Uncleanliness and for other Purpose.
Presidential Decree No. 984 (1976) Providing for The Revision of Republic
Act No. 3931 or The Pollution Control Law and for Other Purposes.
Presidential Decree No. 1067 (1976) The Water Code of the Philippines of
1976 – Governs the ownership, appropriation, utilization, exploitation,
development, conservation and protection of water resources.
Presidential Decree No. 1181 (2008) Providing for the Prevention, Control
and Abatement of Air Pollution from Motor Vehicles and for Other
Purposes.
Presidential Proclamations:
Presidential Proclamation No. 2146 (1981) Proclaiming Certain Areas and
Types of Projects as Environmentally Critical and Within the Scope of the
Environmental Impact Statement System Established Under Presidential
Decree No. 1586.
Executive Orders;
Executive Order No. 72 (1993), which reaffirms the specific provision of the
RA 7160 on the need for the city to prepare its CLUP and prescribes the
review and approval process.
Executive Order No. 111 (1999). Establishing the Guidelines for Ecotourism
Development in the Philippines; National Ecotourism Development Council
(NEDC) Resolution No. 2001-01- Adopting the Operating Guidelines for
Executive order No. 111.
Executive Order No. 774 (2008). Reorganizing the Presidential Task Force
on Climate Change.
Executive Order No. 111 (2008). Establishing the Guidelines for Ecotourism
Development in the Philippines.
Department Orders;
DENR Administrative Order No. 2000-51 (2000). Guidelines and Principles In
Determining Fees for Access to and Sustainable Use of Resources in
Protected Areas.
City Ordinances;
City Ordinance No. 44-10, Series of 1995. An Ordinance Introducing the Use
of Citation Tickets for Imroper Disposal of Garbage and Other Forms of
Unsanitary Practices.
City Ordinance No. 84, Series of 1998. An Ordinance Penalizing the Posting
of Billboards, Posters, Streamer and Similar Such Promotional Materials on
Trees in Public Areas.
City Ordinance No. 282, Series of 2010. An Ordinance Creating the Office of
the City Environment and Natural Resources (CENRO) with the
Corresponding Position Appurtunence Thereto and Appropriating Funds for
its Operation.
This Code shall take effect fifteen (15) days after its publication in at least
one (1) newspaper of local circulation.
Approved,