Republic of the Philippines OFFICE OF THE CITY LEGAL OFFICER | Davao City REF. NO. 1131-_|Y_ SUBJECT: Final Draft of the Implementing Rules and Regulations (IRR) of City Ordinance No. 0363-10, otherwise known as the “Septage and Sewerage Management Ordinance of Davao City” 3rd Indorsement November 7,2012 LEGAL Noi 62S Respectfully returned to the Office of the City Environment & Natural Resources Office, Atty. Joseph Dominic S. Felizarta, Officer-In-Charge, this city, the documents attached hereto, relative to the above-cited subject, with’ the information that this office wants to be clarified on Section 41 of the draft of the Implementing Rules and Regulations (IRR) for Septage and Sewerage Management Ordinance of Davao City. Section 32 of the Ordinance 0363-10 provides that the City shall come up with an easy payment program, wherein the property owners will have an option to pay in advance and in equal installments for three (3) to five (5) years the desludging fees. From the mentioned provision, it could be gathered that it is the City that must come up with an easy payment program for desludging fees to aid the property owners. However, the provisions of Section 41. Easy Payment Fee, of the proposed IRR appears to be inconsistent with that, of the Ordinance wherein it is the mobile/service providers who would come up with an easy payment scheme, as such, the proposed provision in the IRR is absent of any legal basis. It is therefore recommended that the provisions in the ordinance must be reflected in the proposed IRR in order not to contravene the policy that an IRR must be with harmony with the law which it seeks to implement. WHEREFORE, this office respectfully recommends the above-mentioned suggestion so as not to contravene the provisions of Ordinance 0363-10'. However, if the intention in the implementation of Section 32 of the Ordinance is that of as provided under Section 41 of the proposed IRR, then this Office seeks enlightenment from your Office or the Sangguniang Panlungsod. Respectfully submitted. Atty. GIL-NORMAN D. CIUDADANO, CPA Attorney IT Approved by: Atty. OSMUNDS B. VILLANUEVA, JR. Acting City Legal Officer * Septage and Sewerage Management Ordinance of Davao City a 2Republic of the Philippines CITY ENVIRONMENT & NATURAL RESOURCES OFFICE 2nd Floor Agdao Public Market Bldg, Agdao, Davao City * ‘Tel. Nos. (082) 227-2655/244-0094/225-0744 (telefax) 2" Indorsement October 08, 2012 Respectfully forwarded to Atty. Osmundo P. Villanueva, Acting City Legal Officer, City Legal Office, this City, the herein Implementing Rules and Regulations (IRR) of City Ordinance No, 0363-10 otherwise known as Septage and Sewerage Management Ordinance of Davao City, with the information that legal infirmities as mentioned in the preceding 2™ indorsement dated September 19, 2012 had already been addressed by the Technical Working Group, for information and appropriate action. ATTY. JOSEPH Dg ICS. FELIZARTA, C.E, : Office} In Charge ae REL ate MO eB‘THE IMPLEMENTING RULES AND REGULATIONS OF THE CITY ORDINANCE NO, 0363-10 SEPTAGE AND SEWERAGE MANAGEMENT ORDINANCE OF DAVAO CITY RULE! GENERAL PROVISIONS AND POLICY SECTION 1. Title . These Rules shall be known as the Implementing Rules and Regulations (IRR) for Septage and Sewerage Management Program Ordinance of Davao City under Ordinance No. 0363-10, Series of 2010 dated June 10, 2010. SECTION 2. Purpose. These Rules are promulgated to prescribe the procedures for the implementation of the Septage and Sewerage Management Program Ordinance in order to facilitate compliance therewith and achieve the objective thereof. SECTION 3. Declaration of Policies. It is hereby declared the policy of the City to adopt and implement a comprehensive and integrated septage and sewerage management program which shall: a) Ensure the protection of public health and the environment; b) Reduce, if not eliminate, the prevalence of waterborne and excreta-related diseases and pollution in bodies of water; ©) Encourage water conservation and recovery; d)Utilize environmentally-sound methods to ensure the proper collection, transport, storage, treatment and disposal of septage through the formulation and adoption of best environmental practices; ©) Promote research and development programs to adopt an effective institutional arrangement _and improve indigenous methods of treating and recycling water and other liquid wastes; #) Encourage greater public-private partnership; g) Encourage the integration of septage and sewerage management of water resource conservation and recovery topics into the academic curricula of formal and non-formal education; and h) Promote environmental awareness and action among citizenry through information, education and communication campaign. Section 4, Authority. Ordinance No. 0363-10 and this IRR is enacted to supplement the provisions and specifications of existing laws and ordinances related to septage and sewerage management and complement existing laws on clean water, building and plumbing regulations. RULE I SCOPE SECTION 5. Scope. This IRR shall apply to all proposed, planned or existing structures whether public or private, residential, commercial, institutional or industrial.DEFINITION OF TERMS SECTION 6. Definition of Terms. The words and phrases used in this IRR shall mean as follows: 4) Anaerobic ponds are deep stabilization ponds used to treat high-strength organic wastewater that also contains high concentration of solids. Anaerobic treatment does not require the presence and use of oxygen and encourage the growth of bacteria, which breaks down the waste material, releasing methane and carbon dioxide; 2) Application sites/Sanitary Landfill Composting Facility shall refer to the destination where the treated sludge be placed to be utilized as soil conditioner and other beneficial use; 3) Baffle is a wall or screen to deflect, check or regulate the flow of sewage and septage. It promotes preliminary and primary treatment of the incoming sewage by allowing the physical separation of solid and liquid components in the sewage; 4) Biosolids is the by-product of the treatment of domestic wastewater in a domestic wastewater treatment plant. Biosolids consist primarily of dead microbes and other organic matter and can be used as organic fertilizer or soil amendments. Untreated septage or treated sludge with high concentrations of pathogens, metals, or other pollutants are not considered biosolids and should not be applied to soils; 5) CENRO shalll refer to the City Environment and Natural Resources Office; 6) Chamber is an enclosed space, cavity or compartment of a septic tank; 7) City shall refer to the City Government of Davao; 8) City Engineer's Office (CEO) through the Office of the Building Official shall be the reviewing and approving body of the requirements relative to issuance of building permits, specifically the design and construction of septic tanks; 9) City Health Office (CHO) through the Environmental Sanitation Section (ESS) shall be the administration and enforcement body of this IRR; 10) Collection vehicle refers to the truck/ vehicle duly licensed by the Land ‘Transportation Office used by the service providers to collect, transport and unload the desludge septage; 11) Commercial Customers refer to establishments with business permits such as but not limited to Hotels, Motels, Malls, Restaurants, Schools; 12) Communal Septic Tank is an excreta disposal system serving a group of dwelling units; 13) DENR-EMB shall refer to the Department of Environment and Natural Resources - Environmental Management Bureau; 14) DCWD shall refer to Davao City Water District as one of the public service providers;15) Desludging is the process of removing the accumulated sludge or septage from the septic tank or wastewater treatment facility; 16) Desludging Certificate shall refer to the certificate issued by the accredited service providers as proof of desludging covering a certain period of time, as requirement for the issuance of permif/s such as but not limited to sanitary, building, and business permits; 17) Desludging fee shall refer to the fee that is collected by the City from the service providers for every desludging service the latter had rendered; 18) Desludging service fee shall refer to the payment made by property owners that is directly or indirectly, collected by the service providers for the desludging services the latter had rendered to the former; 19) Digestion is a microbiological process that converts chemically complex organic sludge to methane, carbon dioxide, and inoffensive humus like material; 20) Destination is the place or the facility where the septage/sludge is treated or disposed of, such as the treatment facility, sanitary landfill, or land application site; 21) DOH shall refer to an agency authorized to issue Environmental Sanitation Clearance (ESC) through Secretary of Health or the duly authorized representative, or deputized agency/ies by the Secretary of Health, allowing the collection, handling, transport, treatment, and disposal of domestic sludge or seplage. 22) Domestic Sewage is the wastewater composed of untreated human waste coming from residential and commercial sources. Domestic sewage does not include industrial and/ or hazardous wastes; 23) Effluent is a general term denoting any wastewater, partially or completely treated, or in its natural state, flowing out of a drainage canal, septic tank, building, manufacturing plant, industrial plant, treatment plant, and other similar structures; 24) Entity/ies refers to residential, commercial, industrial, institutional, agricultural and similar establishments; 25) Environmental Sanitation Clearance (ESC) is the clearance issued by the Secretary of Health, or the duly authorized representative, allowing the collection, handling, transport, treatment, and disposal of domestic sludge or septage; 26) Excreta is human waste composed of urine and feces; 27) Helminthes are parasitic worm-like organisms that live and feed off living hosts and produce eggs that persist in wastewater effluent and septage sludge unless properly treated; 28) Facultative Ponds are shallow rectangular ponds that stabilize wastes using a combination of anaerobic, aerobic, and facultative (aerobic-anaerobic) processes; 29) Freeboard or Airspace of a Septic Tank is the distance as measured from the maximum liquid level line to the underside of the septic tank slab or cover;30) Individual Septic Tank is an excreta disposal system serving a dwelling unit; 31) Grease Traps are plumbing devices designed to intercept most greases and solids before they enter a wastewater disposal system; 32) Manifest Form is a document signed by the desludger, transporter and treater attested by the Barangay Captain or its duly authorized representative to ensure that all sludge are collected, transported and received by the treatment facility; 33) Maturation ponds are low-rate stabilization ponds that are designed to provide for secondary effluent polishing and seasonal nitrification; 34) Mobile Service Provider is a public or private entity, operator that provides desludging services and transports the septage to treatment and disposal facilities; 35) Mobile/Service provider driver shall refer to the person duly licensed to drive by the Land Transportation Office; and, in-charge of driving the vehicle/iruck used by the accredited service provider for desludging, transporting and unloading the septage from septic tanks to the Septage Treatment Facility; 36) Oil-Water Separator is a device designed to separate gross amounts of oil and suspended solids from the waste water effluents; 37) Permit To Operate - is a permit issued by the ESS of the City Health Office whether pertaining fo transporter and septage treatment plant facility; 38) Pollution Control Officer (PCO) is an officer of a private company, LGU, or any entity within the scope of this IRR, who provides linkages between the company and the Environmental Management Bureau (EMB) of the Department of Environment and Natural Resources (DENR). This officer possesses the qualifications of a PCO and is duty accredited by DENR; 39) Project Description is a section of the ESC that contains information on the operational process, environmental sanitation measures, and site. It should provide sufficient details for the regulatory agency to review; 40) Project Proponent is the service provider applying for the ESC; 41) “P” traps are traps used on plumbing fixtures, such as toilets and drains, to prevent sewage gases from entering the plumbing system or the atmosphere; 42) Residential Customers - refer to dwelling places or households other than place of business; 43) Scum is the lighter fraction of sewage composed of fats, oils, and grease that floats; 44) Septage is the combination of scum, sludge, and liquid that accumulates in septic tanks ; 45) Septage Treatment Facility is a facility which receives septage or the liquid sludge, periodically removed from individual septic tanks, and thereafter separates the solids from the liquids, treats the liquids and solids, and presses. the solids into a sludge “cake” that is transported for disposal;46) Septic Tank is a watertight, multi-chambered receptacle that receives sewage from houses or other buildings and is designed to separate and store the solids and partially digest the organic matter in the sewage; 47) Service provider is a public or private entity, operator or water utility that is engaged in the collection, desludging, handling, transporting, treating, and disposing of sludge and septage from septic tanks, cesspools, Imhoff tanks, portalets, and sewage treatment plants; 48) Sewage is mainly liquid waste containing some solids produced by humans, which typically consists of washing water, feces, urine, laundry wastes, and other material that flows down drains and toilets from households and other buildings; 49) Sewage works is a comprehensive term for pumping, treating and final disposal of effluent via a centralized treatment plant; 50) Sewer is a pipe or conduit for carrying sewage and wastewater; 51) Sewerage system is a system of sewers that conveys wastewater to a treatment plant or disposal point. It includes all infrastructures for collecting, transporting, and pumping sewage; 52) Sludge is a precipitated solid matter with a highly mineralized content produced by domestic wastewater treatment processes; 53) Stabilization is the process of treating septage or sludge to reduce pathogen densities and vector attraction to produce an organic material that may be applied to the land as soil conditioner; 54) Stabilization pond is an artificial pond designated to treat wastewater in general using solely naturally occurring biological treatment processes, and without the need for an electromechanical energy input; 55) Stationary Service Provider is a public or private entity, operator or water utility that provides treatment and/or disposal of sludge and septage at a fixed location; 56) Treated Sludge refers to that sludge which has already gone through the Septage Treatment Facility and qualifies as biosolids to be utilized as soil conditioner and for other beneficial use; and 57) Waste Water Treatment Facility refers to the facility for the treatment of septage generated by commercial and industrial establishments as referred to in Section 27 of this IRR. RULEIV CONSTRUCTION REQUIREMENTS AND GENERAL DESIGN OF SEPTIC TANKS: SECTION 7. Buildings or Structures Proposed for Construction. All building plans for residential, commercial and industrial, including those for apartelles and condominiums, before it is approved by the City Engineer’s Office (CEO), shall conform to the design of the sanitary plumbing and septic tank specifications set herein and by other pertinent regulations.SECTION 8. Specifications. All septic tanks shall be designed and constructed in accordance with the provisions of the Revised National Plumbing Code of the Philippines, the National Building Code and the Code of Sanitation with the following specifications: a) It shall be designed to produce an effluent consistent with approved engineering and environmental standards; b) It shall be built of solid durable materials and shall be watertight. Materials shall conform with applicable Philippine material standards; ¢) It shall not be constructed under any building and not within twenty-five (25) meters from any existing source of water supply; d) It shall be divided into three compartments; the volume of the first compartment shall be between one-half to two-thirds of the total tank volume; e) Where more than one tank is used to accommodate the required liquid volume ina given minimum retention time of two (2) days, the tanks shall be conjoined. The first tank shall be equal to or larger than any subsequent tank in the series; £) Baffles or similar devices shall be installed at each inlet and outlet of the tank and at each compartment. Materials shall conform with approved applicable standards. It must be integrally cast with the tank. Affixed with a permanent waterproofing material or attached at the top and bottom with connectors that are not subject to corrosion or decay. Sanitary tees used on baffles shall have a minimum diameter of 100 mm (4 inches); g) The baffles between compartments shall extend at least 200 mm above the maximum liquid surface or all the way to the underside of the top cover; h) The centerline of the inlet pipe shall be at least 50 mm above the centerline of the outlet pipe. Both inlet and outlet pipes shall be similar in diameter with each other and shall have a minimum diameter of 100 mm; i) Adequate venting shall be provided in each compartment with the use of ventilating pipes not less than 50 mm in diameter. For buildings where plumbing fixtures have appropriate “p” traps, venting should occur through the plumbing stack in the building, not from the septic tank. For buildings where toilets and sinks are not protected with “p” traps, traps should be installed or vent directly from the septic tank; j) As an access to the septic tank, there shall be at least one maintenance hole for each compartment, with a minimum side dimension of 500 mm. All maintenance holes shall extend through the tank cover and shail extend to finished grade. Manhole covers shall be designed with durable and fully coated of non-corrosive handles for easy lifting. Septic tank access covers should be secured from unauthorized entry, either through safety screws, lock or a tank lid that weighs 15 kg. or more; and ) The design, construction, and location of structures receiving effluent from septic tank shall conform with the National Plumbing Code of the Philippines. Effluent treatment is further required and will be covered by a separate Ordinance and other infrastructure projects; and1) For clustered structures or houses that are highly dense and characterized by lack of or inadequate land space, there shall be a designed communal septic tank consistent with approved engineering and environmental standards, SECTION 9. Pre-Fabricated tanks. AN pre-fabricated septic tanks shall comply with the specifications set under section 8 of this IRR. Pre-fabricated septic tanks are required to be accredited by the AITECH (Accreditation for Innovative Technology) under the National Housing Authority, Department of Science and Technology (DOST), or Department of Health (DOH). After installation, the tank shall be filled with sufficient amount of water to prevent floating (PD 856, chapter 17). SECTION 10. Existing Septic Tanks. Existing septic tanks shall be repaired or upgraded in order to comply with the specifications set under Section 8 hereof. Existing septic tanks which cannot be repaired or upgraded shall be desludged completely and within one (1) year from the effectivity of this Ordinance, the owners should construct new septic tanks in accordance with the specifications set in Section 8 of this IRR, SECTION 11, Communal Septic Tanks, In residential areas where individual lot area is less than fifty (50) square meters or where the area is characterized by inadequate land space, a communal or individual septic tank is required to be constructed. ‘The design and the manifest of ownership and joint maintenance of communal septic tanks shall be borne by the owners or users pursuant to Section 12 and Section 16 of the Ordinance. RULEV CONSTRUCTION OF COMMUNAL TOILETS AND/OR SEPTIC TANKS BY THE CITY GOVERNMENT OF DAVAO SECTION 12. Construction of Communal Toilets and/ or Septic Tank. The City, through the barangay local government unit in the area, may construct Communal Toilets and/or Septic Tanks in areas where there are informal settlers who cannot afford to build one. The maintenance of the aforestated toilets and/ or septic tanks shall be administered by the said barangay and borne by the users. The cost of construction shall be bore by the City through its annual appropriation for the implementation of this IRR and may, thereafter, be charged to the users, Payment hereof may either be in the form of installment or through user fees, or other scheme deemed appropriate to the barangay and shall be remitted to the City. The payment of the cost of construction of the communal toilet and/or septic tank shall be paid in monthly basis within five (5) year-period. The modes of payment shall be determined and embodied in the MOA between the City Government and the concerned barangay. Upon full recovery of the cost of construction of toilets and/or septic tanks, the City through the City Treasurer's Office shall issue a certificate of full payment to the barangay. The barangay shall continue to collect user’s fees which shall be used for the maintenance, renovation, improvements and constraction of additional toilets and/or septic tanks for future use.SECTION 13. Construction of Septic Tanks after the Compliance Period. The City may construct a septic tank for property owners who do not have one or repair those which do not comply with the required specifications set forth herein. It shall be constructed after the lapse of the compliance period specified under Section 34 (d). The cost of construction and penalty shall be borne by the said property owners. Payment hereof will be in the form of installment or through user fees or other scheme deemed appropriate. ‘The payment of the cost of construction of the toilet/septic tank and penalty shall be paid in monthly basis within five (5) year-period. The modes of payment including the penalty shall be determined and embodied in the MOA between the City Government and the property owners. RULE VI DUTY OF OWNER, ADMINISTRATOR OR CONTRACTOR SECTION 14. Duty of all building or structure owners, administrators or contractors. It shall be the duty of the owner or co-owner, administrator or contractor to inform the ESS of the City Health Office that the newly-constructed or repaired septic tank, sewage treatment facility or alternative treatment system, with prior plan approval is ready for inspection. The septic tank, treatment facility or alternative treatment system shall not be covered or used until inspected and approved by the City Health Office or Department of Health (DOH), respectively. The certificate of inspection shall be part of the requirements in the issuance of the Occupancy Permit by the City Engineer's Office. RULE VIL SEPTIC TANK MAINTENANCE SECTION 15. Septic Tank Maintenance. All septic tanks are required to be desludged by an accredited mobile service provider every five (5) years or when the sludge volume is already one-half (¥) of the total capacity of the septic tank, or when the septic tank becomes ineffective, whichever comes first. Repair of the septic tank in case of damage, shall be borne by the owners, users or by the barangay/s. RULE VIII SLUDGE COLLECTION, TRANSPORT, TREATMENT AND DISPOSAL SECTION 16. Sludge Collection. Liquid and/or solid materials collected from septic tanks shall be transported by an accredited mobile service provider, to the Septage Treatment Facility of the City or to an accredited stationary service provider. The following are the regulations on desludging and collection of sludge as set herein, a) Collection shall be done in coordination with the Barangay Captain or his/her duly authorized representative who shall sign the manifest form; b) The opening of the septic tank shall be the responsibility of the owner, occupant, tenant or administrator of the house, building, and other establishments and by the barangay/s; ©) Preferably, collection shall be done between 1:00am fo 3:00am pursuant to Chapter 4 Section 3.4 Ordinance No. 078 series of 2000, otherwise known as the Environmental Health and Sanitation Ordinance of Davao City;4) All collection vehicles must have minimum safety equipment. It is the responsibility of the mobile service provider driver and /or service provider to check the safety equipment daily before proceeding to a collection site. Any safety equipment deficiencies should be reported to and acted upon promptly by the service provider. Periodic monitoring shall be conducted by the ESS in order to ensure compliance therein; e) After the desludging operation, the operator shall clean and disinfect any spills with a bleach solution or by spreading lime on the spillage. It is the collection operator's responsibility to verify that sufficient disinfectant (bleach or lime) is on the track before it goes'to a collection site; £) Desludging workers must wear appropriate personal protective equipment, including rubber gloves, rubber boots, a face mask, and eye protection. After pumping, operators must wash their hands with soap; and 8) Only desludgers with a valid ESC and sanitary permit are authorized to collect and transport domestic sludge and septage. Only drivers with Land Transportation Office (LTO) License restriction Code No. 3 can operate the desludging tanker/truck. SECTION 17. Transportation of Septage and/or Sludge. The driver and service providers are responsible for safe operation of the vehicle and equipment at all times. The following must be strictly observed, to wit: a) Mobile/ service provider driver should be a duly licensed driver by the LTO, who is fully equipped to the kind of vehicte/ truck he is driving in collecting, transporting and unloading the septage; b) Drivers shall inspect their respective trucks prior to departure from the garage to ensure that septage will not leak, spill, and that enough truck capacity is available for its scheduled operations; ¢) All vehicles used to transport septage shall be equipped, at all times, with spill control or absorbent materials and disinfectant materials, such as lime or chlorine bleach; @) No discharge of septage or sludge shall be allowed in manholes, drainage areas, canals, creeks, rivers or other receiving bodies of water or land; e) Manifest forms must be properly filled out in accordance with the DOH “Operations Manual on the Rules and Regulations Governing Domestic Sludge and Septage” and City Ordinance No. 078 otherwise known as the Environmental Health and Sanitation Ordinance of Davao City; and f) Collected septage and/or sludge must be transported to the duly accredited septage treatment plani/facility. SECTION 18. Vehicle and Tank Maintenance. Each septage transporter/hauler should display the company name, contact number, company logo, and body number of the septage hauler or transporting vehicle on both sides of the vehicle used to transport septage. The information should be marked using permanent and legible lettering at least 3 inches high and made of a reflective material.Any transporter and/or hauler with a valid permit should maintain all vehicles and tanks used to transport septage in accordance with the following requirements, to wit: a) All collection vehicles shall be currently registered with the LTO and must be accredited by the ESS of City Health Office; b) The collection vehicles shall be equipped with vacuum pump provided with a water trap to prevent dispersion of foul odor. Each truck shall be equipped with 30-50 meter hose that are provided with quick-disconnect couplings for drip-free connections; ©) The collection vehicle used for the transport of septage and domestic sludge should have leak- proof body and lock to secure the septage and/or sludge and should be able to withstand a collision with another vehicle or any permanent structure; 4) The collection vehicle should be in good running condition in accordance with the LTO safety standards on roadworthiness; ¢) The collection vehicle and tank should be maintained to prevent excessive odors or public health hazards. To prevent these, the following shall be complied with: 1. The collection tank must be watertight; 2. All piping, valves and connections should be accessible for cleaning; 3. All inlet and outlet connections should be constructed and maintained such that no-material will leak, spill or run out of the tank during transfer or transportation; and 4. Discharge outlets should be designed to control the flow of discharge without spraying or flooding the receiving area. £) The discharge pipe must protrude from the end of the tank at least six (6) inches; 8) The end of the discharge pipe must have a screwed-on end cap installed; and h) The parking and dispatching area for collection shall be provided. Any violation of the above-mentioned provision shall be a ground for suspension and revocation of the Permit to Operate issued by ESS of the City Health Office notwithstanding the penalty provided under Rule XVI of this IRR. SECTION 19. Accidental Spillage. In the event of an accidental spillage of septage and/or sludge, the operator whether mobile service provider or service provider ‘shall: a) Immediately take action to contain the septage and/or sludge, minimize the environmental impact, and begin clean-up procedures, To the extent possible, the operator should contain the spill by using a shovel to dig a containment trench or build berms, then disinfect by applying bleach solution or lime to the area. Then, with a rake, broom or shovel, the operator should pick up solids and dispose as solid waste;b) The operator must notify the ESS of CHO where the accident occurred within 24 hours, using the Accidental Spillage Notification Form (see Annex G of the DOH Manual: Sample of Accidental Spillage Notification Form); and 6) In the event that an operator fails to perform clean-up operations, the ESS of CHO should perform the clean-up and charge all related expenses incurred to the desludger. An order of payment for the clean-up charge shall be issued by the ESS of the City Health Office to the operator for corresponding payment to the City Treasurer's Office. SECTION 20). Disposal. The sludge should be disposed in a proper treatment plany/facility. Treated sludge should be disposed of in a proper destination such as sanitary landfill or land application site. No treated or untreated sludge shall be disposed of in the sea, river, creeks, streams, canals, manholes or in any similar water system. Disposal of sludge materials, whether treated or untreated shall not be included in City Government's local waste collection system. Violation hereof shall be penalized under Section 50 of this IRR. All entities under this IRR upon or after inspection, shall present a Desludging Certificate issued by the operator to avoid penalties thereof. SECTION 21. Treated Sludge. Treated sludge, which qualifies as biosolids, may be utilized as soil conditioner and for other beneficial use. RULE IX SEPTAGE , SEWERAGE AND SEWAGE TREATMENT PLANT/FACILITY SECTION 22, Septage, Sewernge and Sewage Treatment Plant/Facility, There shall be a Septage, Sewerage and Sewage Treatment Plani/Facility to be established by the City Government or by an accredited service provider where all the sludge will be unloaded for a fee as provided under this IRR. The treatment of sludge must be done by any DOH-accredited individuals, companies, whether private or public, in any DOH- approved treatment facility. a) Establishment. The Septage, Sewerage and Sewage Treatment Plant/Facility shall be established pursuant to a Memorandum of Agreement entered into by and between the City Government of Davao and the Davao City Water District in accordance with Section 28 of FD 198 and Section 8 of RA 9275. The City Government shall provide an appropriate Jand which shall serve as the site of the septage, sewerage and sewage treatment plant/facility; and b) Operation, maintenance and management. The Septage, Sewerage and Sewage Treatment Plant/Facility shall be operated, maintained, and managed by the Davao City Water District and/ or Septage and Sewerage Management Department of the accredited service provider. SECTION 23. Qualification of Service Providers. No service providers shall be permitted to establish Septage and Wastewater Treatment Facility unless it is duly registered with the Department of Health and subsequently accredited by the City Health Office of Davao. No service provider may be accredited unless it possesses the following:a) Approved Registration from the Department of Health; and b) Has an operational Septage Treatment Plant/Facility including the site located at a place away from residential and commercial establishments and within the approved city zoning ordinance. The routine operations of SpTP shall not cause health-risks to the residents. i) it shall be constructed in accordance with sound public health engineering practices as determined by the DOH; ii) it shall be so designed and constructed that it will seal off contaminated waste, water and air based bacteria; iii) it shall have no unsealed openings so as to prevent any residual ‘wastes from flowing to rivers and other bodies of water; and iv) it shall have a drainage facilities for the proper disposal/conveyance of its water. The water flowing out of the facility should not contain minerals or other substances injurious to man, animal, aquatic life, agricultural or vegetation in concentrations exceeding the maximum prescribed by health authorities. Mobile service provider shall dispose the septage to the SpTP of the accredited service provider. SECTION 24. Accreditation Certificate. All service providers who possess the requirements stated in Section 24 hereof, shall be issued an Accreditation Certificate by the CHO, renewable on annual basis. SECTION 25. Treatment Fee. A reasonable fee shall be determined by the CHO after proper consultation with service providers, at par with industry standards, for every sludge unloaded into the facility. SECTION 26. Alternative wastewater treatment systems. Alternative wastewater treatment systems shall be reviewed and duly approved by the DOH. SECTION 27. On-Site Treatment Facility. Properties or businesses that have on- wastewater treatment facilities must be subject to the approval of the DOH upon the recommendation of the CHO. The on-site treatment facility of residential, commercial, industrial and agricultural establishments shall release or dispose clear, clean and odorless effluents that are free from bacteria and parasites such as helminthes in accordance with the standards set by the DENR-EMB. SECTION 28. Buildings or Structures Proposed for Construction in Protected Areas. Any person or entity who proposes a development plan in protected areas as stated in the Water Code Ordinance, City Zoning Ordinance and other existing related laws, shall include a Sewerage System Facility Plan duly reviewed and approved by the DOH before the issuance of a development permit by the CEO. For building plan for individual residential structure/s, the same shall conform with the requirements stated in the National Building Code, Zoning Ordinance and other existing related laws.SECTION 29. Housing Subdivisions. AM subdivisions that will be developed during the effectivity of this IRR shall be required to install appropriate sewerage system facilities. Their proposed development plan shall include a DOH approved sewage disposal system before it is submitted to the City Council for consideration. SECTION 30, Commercial Establishments. If the wastewater contains substances of a commercial nature such as oil or fuel residue, metals or high volumes of fats or grease, an appropriate pre-treatment program must be in placed. Said commercial and business establishments shall be required to install appropriate sewerage and sewage treatment facilities and grease traps or oil-water separator, whichever is applicable, in the outfall of its sewerage facility. The pre-treatment program shall be approved by the City Health Office based on the evaluation and recommendation by the DPWH, City Engineer's Office and City ENRO, if applicable. All food establishments are required to have grease traps. Motor vehicle repair shops, garage, motorpool, second-hand spare parts retailer, public utility garage, machine shops and other similar establishment that generates oil residue shall have oil-water separator based on the approved design of the DPWH and City Engineer's Office. Multi-use and multi-storey buildings such as shopping malls and similar structures are required to have sewerage and sewage treatment facility. Commercial and business establishments which generate health-hazardous wastewater, such as funeral parlors, hospitals and clinics, shall install an appropriate sewerage and wastewater treatment facility as approved by the City Health Office. If applicable, the owner of the establishment shall seek a Special Use Permit for the construction of sewerage and wastewater treatment facility in accordance with the zoning ordinance. SECTION 31. Industrial Establishments. All industrial establishments are required to construct a wastewater treatment facility as approved by the EMB-DENR. All domestic waste generation of the industrial establishment shall comply with the manner of disposal as required by this City Ordinance. RULE X ADMINISTRATION AND ENFORCEMENT SECTION 32, Environmental Sanitation Section. The Environmental Sanitation Section (ESS) of the CHO shall be the administration and enforcement body of this IRR. It shall be headed by a sanitary engineer or its equivalent profession and must be organized, equipped and staffed. ‘The CENRO, CPDO and CEO shall designate a permanent representative to the ESS who shall assist in the enforcement of this IRR. A representative from the Non-Government Organizations (NGOs), Davao City Water District (DCWD), Department of Public Works and Highway (DPWH), EMB-DENR and other relevant national government agencies shall be invited from time to time to assist the ESS. SECTION 33. Additional Functions of the ESS. The following are the additional functions of the Environmental Sanitation Section (ESS), to wit:a) The ESS shall conduct a survey of all properties and premises in the City in coordination with the barangay officials to determine if a septic tank is present, and if it is accessible for desludging; b) The ESS or its authorized representative shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing. A prior notice shall be given to property-owners to facilitate inspection and provide assistance to the ESS representatives; 6) If a septic tank is not present or it is inaccessible for desludging, the ESS shall serve notices of non-conformance with the provisions of this IRR to the owners/ administrators, or occupants; 4) For those property owners, administrators or occupants served with notices of non-conformance, a compliance period of 30 days for residential and 60 days for commercial shall be set by the ESS to the property owners, administrators or occupants. Property owners, administrators or occupants who cannot comply within the compliance period given by the ESS shall make an appeal in writing to the ESS; ¢) The ESS shall issue a certificate of compliance to the property owners who are deemed to have met the minimum specifications for septic tanks provided under Section 8 this IRR; £) For new developments, the occupancy permit issued by the building officials shall serve as certificate of compliance until the ESS conducts another round of inspection; g) The ESS shall keep a record of all owners/administrators of building and structures who have desludged their septic tank, those that are inaccessible, those that do not have septic tanks, and those that do not have water-sealed toilets, and other data that may be deemed necessary by the ESS; h) The ESS shall conduct a periodic survey of properties every five (5) years or as determined by the ESS to verify changes in septic tank accessibility or changes in tank capacity requirements. This shall be done in coordination with the barangay officials; 1) The ESS shall plan and implement an information and education program on wastewater management and the city's septage management system; j) The ESS shall implement and adhere to the rules and regulations set forth by the Department of Health in handling, transporting, treatment and disposal of septage; k) The ESS shall ensure compliance by the desludging service providers with the requirements set under the provisions of this IRR or by the CHO; and }) The ESS shall perform such other fanctions as may be deemed necessary or incidental thereto. RULE XL MOBILE/SERVICE PROVIDERS SECTION 34. Desludging Mobile/Service Providers. The CHO shall strictly implement an accreditation system and operational guidelines for desludging service providers that would like to operate in the city, including, but not limited to, securing anEnvironmental Sanitation Clearance (ESC). In addition, service providers shall observe the requirements set forth under Section 17 and 18 of Rule VII of this IRR. SECTION 35. Vehicles_and jipments of Mobile vice Providers. The vehicles and equipments which will be used by accredited desludging mobile/service providers shall conform to the requirements set by Section 19 of Rule VIII of this IRR. RULE XII MONITORING AND EVALUATION SECTION 36. Monitoring and Evaluation. Septage collection, transport and disposal shall be regulated and monitored by the ESS of the CHO. Close monitoring of all activities in the treatment facility shall be conducted by the ESS in coordination with the designated Pollution Control Officer of the concerned entity. This is in conjunction with the operations and maintenance plan that will be contained in the operational guidelines. Adverse effects of the project shall be mitigated and considered top priority in prevention and maintenance operations. Any environmental change/ hazard attributed to the project implementation shall be immediately addressed through the help of the CHO and CENRO. Regulation and ‘monitoring of wastewater discharge shall be undertaken by the CHO with the DENR-EMB and CENRO. All owners and operators of wastewater treatment facilities shall submit or present fo the CHO the latest self-monitoring reports of the wastewater discharges and the Environmental Compliance Certificate duly issued by the EMB. SECTION 37. Effluent Standard. For verification purposes, all effluents from public or private septage treatment plani/facilities must undergo actual sampling and must conform to existing Effluent Standard issued by the EMB-DENR. RULE XII DESLUDGING FEES. SECTION 38. Qualification of Desludging Mobile/Service Providers. No desludging mobile/service provider shall be permitted to undertake desludging services unless it is duly registered with the Department of Health and subsequently accredited by the City Health Office. SECTION 39. Office-in-Charge of Desludging Activities. The ESS of the CHO in coordination with CENRO, CEO and other concerned government agencies shall have operational supervision of all destudging activities. For this purpose, it shall devise mechanism for the effective enforcement of this function. SECTION 40, Desludging Fee. All desludging mobile/service providers shall pay a desludging fee to the City Government through the Treasurer's Office for every desludge of a septic tank, in the amount: a) Two Hundred Fifty Pesos (P250.00) for commercial, industrial , institutional , agricultural and similar establishments for domestic wastewater; or b) Seventy-Five Pesos (P75.00) for residential buildings and other structures. Such payment shall be duly noted by the barangay where the septic tank is located for their record and verification purposes. SECTION 41. Easy Payment Program. The city shall encourage the servicetprovider tocome up with-a desludging se For this purpose, m¢ scheme in order to a payment of desludging | prevailing rate imposed by x payment program in order to assist property owners in paying the fed. vice providers shall come up with owners in paying the destud: RULE XIV EDUCATION, PUBLIC INFORMATION AND RESEARCH AND DEVELOPMENT SECTION 42. IEC Campaign. The City Health Office in coordination with City ENRO, CEO and other concerned agencies shall develop and implement an Information, Education, and Communication campaign in accordance with the septage and sewerage management program of the City. SECTION 43. Orientation/ Seminar. Owners, managers, Pollution Control Officers (PCOs) or heads of market, commercial, industrial, institutional, agro-industrial, agricultural establishments and administrative officers of national government agencies shall be required to attend seminars on septage and sewerage management organized by the City Health Office and other concerned agencies. Attendance to the seminar shall be a requirement prior to the issuance of the Environmental Sanitation Clearance (ESC) pursuant to this IRR. The City Health Office shall be responsible for the preparation of the schedule and conduct of the seminar. ‘The Department of Health or its duly authorized representatives shall not issue an ESC without the certificate of attendance issued by the ESS of the City Health Office. SECTION 44. Academic Curricula of Formal and Non-formal Education. The City Health Office shall coordinate with the Department of Education (DepEd), Commision on Higher Education (CHED) and Technical Education Skills Development Authority (TESDA), regarding the integration of Septage and Sewerage Management into the academic curricula of formal and non-formal education. SECTION 45, Research and Development. The Environmental Sanitation Section (ESS) shall collaborate with the City Health Office (CHO), Department of Health (DOH), academe, professional organizations, and other entities for the research and development of appropriate science and technology in the sewerage and septage system in the furtherance of the policies of this IRR. RULE XV PENAL PROVISION SECTION 46, Prohibited Acts and Omissions. The following acts and omissions shail be penalized: 1, Buildings/structures without septic tanks; 2. Buildings/structures with septic tanks made not in accordance with the provisions of this IRR; 3, Not meeting the standards set forth by this IRR; 4, Improper sludge disposal; 5. Not regularly desludging their septic tanks; 6. Not complying with the procedural requirements. 7. Violation of any other provisions of this Ordinance and its IRR.SECTION 47. Penalties. Any natural person who shall violate any of the provisions of the Implementing Rules and Regulations shall be penalized. The imposable penalties are the following: a) First Offense Fine of not less than P1,000.00 but not more than P2,000, at the discretion of the court; b) Second Offense Fine of not less than P2,000.00 but not more than P3,000.00 at the discretion of the court; and ‘) Third and Succeeding Offenses Fine. of not less than P3,000.00 but not more than 5,000.00 and/or imprisonment of not less than one (1) month but not more than six (6) months, at the discretion of the court. Any juridical entity, such as, but not limited to commercial or industrial establishments, and Service Providers or Treatment Facilities Operators, who violate any provisions of these rules and regulations shall be subject to a fine of P3,000.00 per violation. For second and succeeding violations, a fine of P5,000.00 and a penalty of imprisonment of six (6) months to one (1) year shall be imposed. If the offense is committed by a corporation, partnership, or other juridical entity duly recognized in accordance with the law, the Chief Executive Officer, president, general manager, managing partner or such other officer-in-charge shall be liable for the ‘commission of the offense penalized under this Implementing Rules and Regulations. Permits of commercial establishments, service providers or treatment facility operators who violate the prohibited acts or omissions for the third time or more may be suspended or canceled by the City Mayor. RULE XVI MISCELLANEOUS PROVISIONS SECTION 48, Appropriation. The City shall provide sufficient funds for this purpose through an appropriation either in the annual budget or in any of the City's supplemental budgets, as the case may be. ‘The City shall appropriate an initial amount for this purpose to be used for land acquisition, construction of communal septic tanks, logistics, IT equipment, office supplies and other maintenance and other operating expenses. SECTION 49, Authority to seek External Support. The Office of the City Mayor may seek logistical support from any source to augment the technical, financial, material and other requirements in the implementation of this IRR. SECTION 50. Repealing Clause, Any existing Ordinance or Resolution or any provisions thereof inconsistent with the provisions of this Ordinance and its IRR shall be repealed. SECTION 51. Separability Clause. If for any reason, any part or provision of this IRR shall be held unconstitutional or invalid, the other part or provisions hereof which are not affected thereby shall continue to be in full force and effect. SECTION 52. Effectivity Clause. This IRR shall take effect within thirty (30) days from its publication in a newspaper of general circulation in Davao City.