3 oh a Province of Palawan Municipality of Culion OFFICE OF THE SANGGUN! iG BAYAN EXCERPTS FROM THE MINUTES OF THE 132" REGULAR SESSION OF THE 8th 3GUNIANG BAYAN HELD AT THE CAMILO A. PEPITO SESSION HALL IN THE NEW ATIVE BUILDING, CULION, PALAWAN ON JANUARY 14, 2019 PRESENT: Ton. Ystan Joseph Aristotle G. Lagrosa Mut pal Vice Mayor/Presiding ‘Ton, Leonito R. Sarmicato ‘Sanggunian Member Hon, Jovel Marvie A, Ballesca Sanggunian Member Hon. Cecilia C. Cunanan Sanggunian Member Hon. Eduardo B. Layag Sanggunian Member Hon. Eduardo B. Montenegro, Jr. Sanggunian Member Hon. Warnell F, Dayandante Sanggunian Member Hon. Alejandro ¥. Mabera Sanggunian Member Hon. Andres A. Alcantara Sanggunian Member Hon. Rodel D, Nacachi LNB President/Ex-Officio Member Hon, Aljon P, Daco SKMF President/ Ex-Officio Member MUNICIPAL ORDINANCE_NQ. 2019-097 ORDINANCE REGULATING THE GENERATION, STORAGE, COLLECTION, TRANSPORTATION, AND DISPOSAL OF SOLID WASTES IN THE MUNICIPALITY OF CULION, PROVINCE OF PALAWAN Authors; Councilor Eduardo B. Layag Councilor Leonilo R. Sarmiento Councilor Eduardo B. Montenegro, Jr. Councilor Warnell F, Dayandante Councilor Alejandro T. Mabera Co-Authors : Councilor Jovel Marvie A. Ballesea Councilor Cecilia C. Cunanan Councilor Andres A. Alcantara LNB President Rodel D, Nacachi SKME President Aljon P. Daco WHEREAS, the municipality of Culion is committed to the protection, preservation and conservation of the ecosystem in pursuance of the declared policy of the State to adopt a systematic, comprehensive and ecological solid waste management program to ensure the protection of public health and environment and maintenance of ecological balance; WHEREAS, it is the responsibility of the municipal government to effectively and efficiently implement the ecological solid waste management system in consonance with, and adherence to, the principles set forth under Republic Act No. 9003 otherwise known as the National Ecological Solid Waste Management Act of 2000 which prescribes the implementing guidelines and institutional arrangements between the national government and the local government units(LGUs) for effective solid waste management in the country, setting in effect sanctions for non-compliant LGUs, WHEREAS, the unsystematic waste disposal by households and commercial/industrial establishments causes unsightly surroundings, polluted environment, and spread of communicable diseases; b‘Mun, Ordinance No, 2019-097 Page 2 x WHEREAS, the practice of waste segregation to facilitate re-use and recycling does not only reduce the cost of collection and disposal of garbage but conserves the natural sources of materials and avoid wasteful consumption of goods; WHEREAS, there is thus the exigent need to localize Republic Act No, 9003 through the enactment of an enabling ordinance to carry out the mandate of the state on solid waste management at the municipal level; Premises considered, be it THEREFORE, enacted by the 8" Sangguniang Bayan of Ci Palawan in session duly assembled, THAT: ARTICLE 1. Title of Ordinance Section 1. Title. This Ordinance shall be known as the Comprehensive Solid Waste Management Ordinance of the Municipality of Culion hereinafter referred to as the “Ordinance”. ARTICLE HL Coverage Section 2. Coverage. This Ordinance shall apply to all residential houses; commercial establishments such as hotels, resorts, restaurants, cinema houses, public markets, department stores, groceries, institutions like hospitals, schools, churches, public and private offices; industrial establishments of any kind: and agricultural areas. ARTICLE Tl, Authority and Purpose/Goals Section 3. Authority. This Ordinance is enacted to supplement the provisions of existing laws and ordinances related to solid waste management Section 4. Purposes. This ordinance 1s enacted for the following purposes: a, To guide, control and regulate the generation, storage, collection, transportation and disposal of solid wastes within the locality and promote an orderly and systematic management for the same; b. To enhance the total environment of the locality through the necessary control and mitigation of negative environmental impucts of solid waste, ¢ To promote and protect the health, safety, peace, and convenience and general welfare of the inhabitants of the municipality; 4 To minimize generation of solid waste and maximize possible resource recovery/ recycling and utilization by: Maximizing the use of goods and consumption of foods; Allocating fair inputs in the production of goods, foods and services; Encouraging the salvaging of possible “recoverable” from solid wastes for re- use and/or recycling back to production process; + Encouraging the recycling and resource recovery of wastes in own backyard through composting and biogas production; and * Providing assistance and cooperation in the recycling of solid waste in disposal sites Section 5. Goal. The primary goal of this Ordinance is to enhance ecological balance of the community through sustainable and integrated waste management Section 6, Objectives. The objectives of this Ordinance are the following:Mun, Ordinance No, 2019-007 Page 3 4, To ensure round-the-clock cleanliness through orderly waste management, b, To cease and desist from utilization of open garbage dumps which serve as breeding places of insects that cause disease, foul odors and harmful fumes; emit “greenhouse gases” which contribute to global warming and thinning of the ozone layer: generate “ leachate” which pollute soil and water resources; and creates unhealthy scavenging activities in the vicinity; To eradicate unsightly, uncovered, and overflowing waste containers in streets, public places, and open spaces: 4 To maximize and optimize sanitary resource recovery for feeds, fuel, materials, energy, ete; and & To minimize pollution arising from harmful gases, smoke, particulates produced by needless bumning/dumping; polluted runoff into water sources/supply, and hazardous substances ARTICLE IV. Definition of Terms Seetion 7. Technical terms. he technical terms used in this Ordinance shall be defined as follows: Biodegradable. any material that can be reduced into finer particles (degraded or decomposed) by microbiological organisms or enzymes (synonymous with compostable). Biogas digester ~ are of (wo kinds: the “poso-negro” Taiwan type or the ahove-ground portable Valderia model. Biogas is a mixture of methane, carbon dioxide, and traces of inert gases produced by the fermentation of animal manure organic waste in an airtight digester chamber. Compost ... decayed organic material for use as soil conditioner or fertilizer. Composting ~ Violoxical degradation under controlled conditions, the process of making biodegradables such as food waste, garden waste, animal wusle, human waste, into. compost by mixing them with soil, water, biological additives/activators (optional) and air, Domestic waste — is the refuse from houscholds, as distinguished from industrial waste, agricultural waste, hospital waste, etc. which may be classified as biodegradable (compostable) or non-biodegradable (non-compostable). nzyme ~ a protein produced by cells, with substances that initiate or necelerate chemical renctons in plants of animal matter, acting like an organic catalyst. Factory returnable — all non-biodegradables, non-compostables such as tin cans/metals; bottles/glass including broken pieces; plastic/styrofoam/rubber/dry _paper/dry _cardboard/dry clotlvfibers/leather/feather/hard shells/hard bones, etc, which are segregated in separate containers or placed in one sack (cans, bottles, containers alseady rinsed) and are sold/ yiven away to collectors Feed materials — all food waste, peelings, vegie trims, fish entrails, fowl innards, spoiled fruits, leftovers, egg shells, rice/fish/meat washings, etc. that should be collected and kept in covered containers as, feeds for hog/chicken/duck/pets/fish. Fermentable ~ fruit peelings, spoiled or over-ripe fruits, juices e.g. buko juice, ete, that are made into vinegar, wine or “nata de coco”, nata de pina’, ete Fertilizer materials ~ all compostables and biodegradables such as garden waste, (leaves, twigs, weeds), animal waste (manure, carcasses), human waste (feces, urine, blood, all excreta, soiled wipes, pads, diapers (removed plastic portions) etc. that are made into compost for organic gardening,Mun, Ordinance No, 2019-097 Page 4 x Filling materials - if efforts are exerted to find, not only the maximum but also the optimum use of waste, hardly any will be left as filling materials. Such materials may be compacted, mixed with rice chaff and “binders” and used for appropriate construction projects Fine crafts — many of the non-biodegradables could be used as materials for handicrafts, cottage industries, art works, toys and other livelihood projects such papers mache, paper basketry, tin craft, metal craft, plastic twine of rope braids, feather crafts, wooden crafts, even “lahar” craft. Styrofoam melled in small amounts of gasoline solvent provides cheap glue of “binder* for many of the projects Fond material ~ include centain kinds of seeds, pulp, peelings, that are made into pickles, “sweats” or candies, or snacks Functional facilities‘equipment — useful equipment/ facilities devised or created from diseards, throwaways, junks, scraps, e.g. chairs, tables, dootmats, play equipment from rubber tres, roofing fram milk cans, flower pots, “planters” from plastic bags, sacks, conluiners, ete Green charcoal ~ another form of tel or ‘grass charcoal, manufactured from compostable, or ganic, cellulotic material with the use of enzymes to break down the lignin or binding material, after which it is molded and dried, then used in charcoal-fed stoves. Hazardous waste special type of waste containing the chemical, biological and radiological ‘lements which are harmful to human health Incineration ~ the controlled process by which combustibles wastes are burned and changed into gases and residues that contain little or no combustible materials. Landfill leachate — the downward seeping of water through the landfill canyying with it the dissolved water ~ soluble contents of the waste which may be collected by an underground drainage em, Putrescible — a substance that decomposes af a certain temperature in contact with air and moisture and generally containing nitrogen Recycling — the reuse, retrieval, decommission of clement/matter for any and all purposes necessary to healthful and productive living, the process by which waste materials are transformed inio new products in such a manner that the original products may loss their identity Resource recovery — the extraction of materials or energy from wastes. Solid waste ~ this includes anything thrown away, such as garbage, rubbish, trash, litter, jumk and Tefuse from any sources (homes, businesses, farms, industries, or institutions); this is a discarded material with insufficient liquid content 10 flow, Examples are those non-liquid wastes resulting from the domestic, commercial, agricultural and industrial activities which can be divided into several components under two broad categories: * Bio-degradable-compostable-pulrescible. There are four (4) groups of waste under this category such as: (a) food (cooking) wastc/kitchen waste peeling, Leftovers, vegetable trims, fish/fowl/meat/animal entrails/innards/cleanings, soft shells, seeds, etc. (b) agricultural (garden) waste: leaves/ flowers, twigs, branches, stems, roots, trimmings, weeds, sceds/inedible fruits, etc (c) animal waste: manure/urine, carcasses, etc. and (d) human waste: excreta, soiled pads, sanitary napkins, etc.Mun, Ordinance No, 2019-097 * Non-biodegradable-non-compostable-putrescible. ‘There are ten (10) groups of waste under this category: (a) metals: tin cans, aluminum, iron, lead, copper, silver, etc.; (b) glasses: bottles, cullet (broken glass), sheets (shards), minors, bulbs, etc., (c) plasties: polyethylene (bags), polypropylene (straws/jute sacks’ containers, polyurethane (foam, mattresses), polystyrene (styrofoam), polyvinyl (lubes, pipes, linoleum), polyacetate (fibers, cloth, rayon),ete, (d) rubber: (natural and synthetic): tires, goods, vtc. (e) papers: dry papers, cardhoards, etc. (F) dry processed fibers; cloth, twine, ete. : (g) dry leathers: skin feathers, etc.; (h) hard shells; (i) hones,; and (j) rocks. Solid Waste Management — the purposeful, systematic control of the generation, storage, collection, transport, separation, processing, recycling, recovery, and final disposal of solid waste Sorting at Source the segregution or separation of waste at the point of generation or at the very place where they are produced, into biodegradable and non-biodegradable, Reeveling of Domestic Waste ~ the full utilization of domestic waste into factory-retumable (around 50-60%), feed (about 20%), fertiizer (about 30%), fuels, fine crafts, fermentable, ete. with little left for filing material. (Proportions vary with the kind of community, the more affluent the more factorios returnable). This includes both man-devised and nature designed recycling schemes. Zero waste resource management — is an ecological method of handling waste that does not degrade the environment nor pollute air, water, and soil and facilities their retrieval, reuse or recycling, ARTICLE V Implementing Guidelines Section 8. Responsibility to Implement Ecological Solid Waste Management System at the local Level. As provided for under Republic Act No. 7160 or the Local Government Code of 1991, local government units(LGUs) shall be primavily responsible for the implementation of the ecological solid ‘waste management system within their respective jurisdictions Section 9. Conduct of Waste segregation and Collection. Waste segregation and collection shall be conducted at the barangay level specifically for brodegradable/compostable and reusable/recyclable wastes. Section 10. Creation and Composition of the Municipal Solid Waste Management Board of Culion, Palawan, The Municipal Solid Waste Management Bourd of Culion, Palawan hereinafter referred to as the Board is hereby created. The Board shall be chaired by the municipal mayor with the followmg as members, to wit; SB Chairperson, Committee on Environment and Natural Resources: SB Chairperson, Committee on Health; LNB President; Municipal Administrator; Municipal Health Officer Municipal Engineer; Municipal Planning and Development Coordinator, Municipal Assessor; Medical Center Chief, Culion Sanitarium & General Hospital ‘One (1) CSO Representative; and One (1) Business Sector Representative. rocre apes se Section 11. Functions of the Board. The Board shall discharge the following functions, to wit: a. Formulate through sectoral consultations, a 10-year municipal ecological solid waste management plan that shall ensure the long-term management of solid waste, as well as integrate the various solid waste management plans and strategies of the barangays in their respective areas of jutisdiction, éMun, Ordinance No, 2019-097 Page 6 x b. Adopt measures to promote and ensure the viability and effective implementation of solid waste management programs in the component barangays; ¢. Monitor the implementation of the municipal solid waste management plan through its various political subdivisions and in cooperation with the private sector and civil society organizations; d. Adopt specific revenue-generating measures to promote the viability of its solid waste management plan: ¢. Convene regular meetings for purposes of planning and coordinating the implementation of the solid waste management plan of the respective component barangays; and £. Review every two (2) years or as the need arises, the 10-year municipal ecological solid waste ‘management plan for purposes of cnsuring its sustainability, vinbilily, effectiveness and relevance 1m relation to local and international development in the field of solid waste management; Section 12. Creation of a Technical Working Group. A technical working group shall also be created to provide technical and administrative support to the Board Section 13. Creation and Composition of the Burangay Solid Waste Management Board. The Barangay Solid Waste Manaycmcn! Board shall be ereated and is composed of the punong barangay as chairperson and the following as members: barangay kagawad who 1s chair of the committee on environment; representative of the business sector; school principal or his/her representative; president of parcnt-tcachcr association ot his/her representative: representative from one (1) religious organization; and ‘one(1) purok leader. Section 14, Functions of the Barangay Solid Waste Management(SWM) Board, The Barangay SWM Board shall be responsible for the following: a) Formulate a 10-year barangay SWM plan consistent with Republic Act No. 9003; b) Monitor the segregation and collection of biodegradable, compostable, and reusable wastes; ¢) Ensure establishment of a material recovery facility (MRF) in the barangay; d) Allocate funds to support SWM activities in the barangay: ¢) Otyanize stakeholder groups for the effective implementation of SWM plan; and £) Submit monthly report to the Board. ARTICLE VI. Waste Generation and Storage Section 15, Residential Areas: a. Residents shall learn the two (2) kinds of waste: biodegradable or compostable and non- Diedegradable/non-compostable. These two kinds of waste shall be atored and segregated at the site or place where they are generated, b. The concerned resident shall ensure that the generated solid waste shall be properly separated in three (3) enclosed containers for recoverable, left-overs! compostable and others. The leftovers or kitchen refuse shall either be directly given to the animals as feeds or stored temporarily for composting and/or biogas production. c. Residents shall choose proper containers such as cans, sacks, bags, bins, etc. that will facilitate sanitary, efficient handling, storage, collection, transport or disposal at least cost. Food waste shall be placed in covered cans or pails, Garden and human waste in sacks, cans, and bags; and the non- compostables in either sacks, bags or boxes. 6‘Mun, Ordinance No, 2019-097 Page 7 Public thoroughfares and grounds in front or in the vicinity of residential houses shall be kept clean and tidy by the owner/lessee of the house or/building at all times. ‘Trees, shrubs und other vegetation within the vicinity of residences shall be regularly cared for and ‘maintained to minimize generated waste/yacd wastes und unpleasant sight. Section 16, Commercial Areas (including markets/agoras): The storage containers for segregated commercial wastes shall be communal or individual with cover depending on its location for collection and transport process ‘The enclosed comniunal receptacle possibly on wheels shall be lovated along the collection route where the generated wastes shall be brought and stored by the stall lessee, The lobhy and fronting sidewalks/immediate grounds of commercial establishments shall be maintained clean and presentable by the owner/operatorilessee of the establishments (shops, slalls, stores, restaurants, eateries, carenderias, barber shops, beauty parlors, recreational and entertainment facilities like theaters, billiard halls, folk houses, beer gardens, discos, cocktail lounges, dancing halls, cabarels, bistros ete) The fronting sidewalks and immediate areas of stalls! open spaces of markets shall be kept clean and orderly by the lessee of said stall/ space at all times, Section 17. Institutional/Industrial Areas: he head of any institutionalAndustrial firm shall ensure the proper and hygienic storage of generated and scyrcgated wastes in receptacles/containers which shall be situated along collection routes. Hazardous wastes shall be stored safely in good, durable, and duly covered receptacles which should be located in a secured and distant site prior to final collection/disposal. The head of any institution/indusinal/firm/establishment shall ensure the cleanliness and orderliness of its facilities, yards, and its fronting sidewalk and street. Hazardous waste (chemical, biological, and radioactive, substances) shall be stored, collected and transported, and disposed of in accordance with applicable faws, guidelines, rules and regulations of the Environmental Management Bureau (EMB-DENR), Department of Health (DOH), and Philippine Nuclear Research Institute (PNRI). Section 18. Agricultural Arcas (Including farms for livestock, poultry, etc.) Homogenous agricultural wastes (rice straws, com cobs, leaves, animal manure, etc.) shall be properly stockpiled/stored by the concerned farmer. Section 19, Littering: ‘No person shall litter or scatter solid waste in strects, highways, sidewalk and other public areas (parks, playground, rivers, etc.) Solid waste shall include among others, the cigaricigarette butts, boxes/packages, candy/bread wrappers, match sticks, disposable diapers, food packages, etc.Mun. Ordinance No. 2019-097 Page & ARTICLE VII. Wrappers Processing and Resource Recovery Section 20. Residential Areas a. Segregated recyclables shall be properly stored before collection. These recyclables shall be collected separately and brought to recycling centers, eco-centers or junk dealers b Local waste managers shall be designated in every barangay who shall oversee the collection of recyclables and shall be responsible in coordinating with accredited dealers or manufacturers of recycled products. ° Food and kitchen refuse shall be collected as fodder or feeds for animals. ‘Those portions that are not suitable as fodder shall be composted. 4 Residents shall avoid open burning and dumping and adopt recycling, practicing the 4F's scheme (feed, fermentables, food, and fuel). Fuel materials from houscholds waste consist of two kinds: (a) firewood material consists of twigs, branches, leaves, husks, shells, cobs, chaff, saw dust, wood shavings, soiled papers, bagasse, stalks, ctc.; and (b) flammable gus produced by auacrobie decomposition of all biomass of biodegradable materials in biogas digester. Section 21. Commercial Areas (including markets/ayorus) a ‘Segregation of wastes from con jal ureus (shopping malls, restaurants, commercial complexes, recreational centers, etc) shall be mandatory before issuance of, of renewall of business permits. b. -Markets/agoras shall udopt a segregation scheme that will facilitate the segregation of recyclables, food/vegetable waste, non-recyclables, ete. ce Food wastes from commercial centers (¢.g, food centers, restaurants canteens, etc.) shall be collected as fodder/animal feeds and shall not be disposed to sewers, Section 22. Industrial/Institutional Areas: a. In industrial establishments, segregation of _biodegradable/compostuble and non biodegradable/non-compostable wastes shall be performed to avoid foul odors and proliferation of fl b Schools (both private and public) shall adopt appropriate resource recovery and recycling strategies. ©, Hazardous waste shall be incinerated only after getting proper assistance/guidance from concerned agencies. Section 23. Agricultural Arcas (Including farms for livestock, poultry, etc.). Agricultural wastes e g. rice straws, com cobs, ctc.) shall not be bumed but shall be stockpiled in a proper location and composted. Animal manure can also be composted or used for biogas production. ARTICLE VIII, Collection and Transportation of Salid Wastes Section 24. Residential Areas: a. The concerned resident shall ensure that the solid wastes are brought out in front of his gate/door and /or along the collection route of the calleotion vehicle/cart only during the collection period, AMun, Ordinance No, 2019-097 Pag Heist shall report to the office of the municipal health officer or concemed official any uncollected solid waste within the vicinity of his/her residence Garbage not segregated and placed in approved containers by the local government shall not be collected and shall be treated as disposed of in violation of the anti-litering provision of this ‘ordinance and shall be penalized accordingly. The specific date and hour of garbage collection in particular locations shall be scheduled and announced for strict compliance by all concerned. Section 25. Commercial Areas: ‘The Owner/operator/lessee of any enlcxprise shall be responsible for the timely positioning of stored solid waste: during collection penod which shall he made known in advanee by the proper authorities which shall likewise assist whenever necessary in the sanitary means of loading wastes for collection purpose He/she shall remind the cnvironmental sanitation unit of the office of the municipal health officer or concerned officer in the collection of uncollected solid wastes und other related matters Section 26, Institutional/Industrial Areas: The head of any institutional/industrial establishment shall assist the municipal government in the orderly and sanitary way of collecting and transporting its solid waste, ‘The collection and transportation of any hazardous wastes (if necessary) shall be duly courdinated with the government agencies concenned with such type of waste. Section 27. Responsibility of the Municipal Government, The municipal government shall he Tesponsible in the collection atid disposal of nun-recyclable/non-recoverable materials and special wastes. Section 28. Responsibility of the Barangay. The barangay government, on the other hand, shall be responsible collection, segregation, and transfer of biodegmdable, recyclable, compostable and reusable ‘wastes, Section 29. Features of the Garbage Collection System. The following are the basic features of the municipal garbage collection system: a Two (2) garbage trucks shall separately be utilized for waste collection from Mondays to Fridays — one (1) within the poblacion area and the other in barangays outside the poblacion; “olored garbage bins shall be located in strategic locations for proper waste sesregation. Lach color resembles the Type of waste to he disposed: green for biodegradable, blue for non-biodegradable and yellow for recyclable wastes, Only segregated waste shall be collected for disposal and further processing at the central material recovery facility located in Sitio Carigmalan; and A motorized pumpboat shall be utilzed for the collection of recyclable and non-biodegradable wastes in island resorts. Disposal of biodegradable waste in compost pit shall be the responsibility of the resort owners,‘Mun, Ordinance No 2019-097 Page 10 Section 30. Schedule of Garbage Collection | Responsible Gu | Source | Type Of Waste for | Schedule of Collection I ib Collection Biodegradable / ; Chari & fe Eee a Households | compostable & reusable / | (Monday, ‘Tuesday recyclable _ "| Thursday, Friday) ‘Commercial, | Non-reeyelable, non- Institutional, | recoverable & special ‘Dumptrucks Industrial & | waste (Thursday & Saturday) “Municipality —Agriculturt |" v ‘Dumptrucks Barangay MRI's | Non’Traditional Waste | (Wednesday, Friday & L i Sunday) ARTICLE IX. Disposal of Solid Waste Section 31, Residential, Commercial and Institutions Wastes, 8, Open burning of solid waste shall be prohibited. Residuals of solid wastes after resource recovery, recycling and composting shall be disposed of by sanitary land{illing or other ecologically sound methods, b. Hospital wastes, especially infections wastes shall be incincraled in approved incinerator facilities and the ash residues be disposed in separate compartments in the sanitary landfills, ©. legal dumping of solid waste along streets, alleys, river banks, and in any public places shall be stticily prohibited. Section 32. Industrial Wastes: a Hazardous waste shall be inci a ated only afler getting the proper assistance/guidance from concemed government agencies, b. Other hazardous waste shall be disposed in accordance with laws, rules, regulations and guidelines of the concerned national agencies like Environmental Bureau (EMB-DENR), Department of Health (DOH) and Philippine Nuclear Research Institute (PRD) ARTICLE X. Materials Recovery Facility and Composting Section 33, Establishment and Operation of Materials Recovery Facility (MRF), There shall be an MRF established and operated in every barangay or cluster of barangays, ‘The barangay MES shall be established in a barangay-owned or leased land or any suitable open space to be determined by the barangay through its council. For this purpose, the barangay or cluster of barangays shall allocate u certain parcel of land for the MRF. The determination of site and actual establishment of the facility shall likewise be endorsed by the barangay council, Section 34, Establishment of a municipal MRF station. There shall be established in sitio Carigmalan, barangay Baldat a central depository for recyclable, compostable, and reusable wastes only. The central MRT shall receive biodegradable wastes for composting and mixed non- biodegradable wastes for final segregation, re-use and recycling, provided, that each type of mixed waste is collected from the source and transported (o the central MRF in separate containers. The resulting residual wastes shall then be transferred to a long-term storage or disposal facility or sanitary landLill‘Mun, Ordinance No. 2019-097 Page 11 * Section 35. Design of a Material Recovery Facility. MRFs shall be designed to receive, sort, process and store compostable and recyclable material efficiently and in an environmentally sound ‘manner. In designing the MRF, the fallowing have to be considered: a, The building and/or land layout and equipment must be designed to accommodate clTicivnt and sale materials processing, movement and storage; b The building must be designed to allow efficient and safe external access and to accommodate: internal flow, and If the MRF includes a composting operation, it shall comply with the provisions of R.A. No. 9003 applicable to composting and composts, Section 36, Kecords to be kept und maintained. Relative to the operation of an MRT, the following records shall be kept and maintained and such records are submitted to DENK upon request: a& Record of daily weights or volumes of waste received, processed and removed from site, and b. Daily logbook or file of the following information shall be maintained: fire, special occurrences, unauthorized loads, injury and properly damage. Section 37. Guidelines for Compost Quality, Organic fertilizers derived from compost and intended to be distributed commercially shall conform with the standards for organte fertilizers set by the Ferlilizer and Pesticide Authority of the Department of Agriculture Compost products intended for commercial or non-commercial distribution shall be free from hazardous/toxic constituent above permissible levels, and shall be tested for such constituents using the Toxicity Characteristic Leaching Procedure (TCLP) test method developed by the United States Environmental Protection Agency (USEPA). Seclion 38° Minimum Requisites for Operating Composting Facilities, Barangays are responsible for the construction of composting facilities in their jurisdiction in conformity with the following siting, design and operating standards and criteria: A miniscomposting facility shall fallaw a 41 ratio, that is, ane (1) facility for every five(5) households which can be undertaken through volunteerism among local residents. b For major composting facility in each barangay, the said structure shall not be sited in areas prone 10 frequent flooding, unless engincering controls are provided in the design to prevent inundation of the facility ¢. For Leachate and Drainage Control: 1. Facilities shall be designed such thal compost piles, windraws, residues and processed material will not come in contact with surface storm run-off, XN Where excess leachate storage is provided, discharge of leachate into any body of water is prohibited unless such discharge meets the limits prescribed by the DENR standards for effluents. Where leachate needs to be stored, it shall comply with the provisions of RA 9003. Provisions shall be made such that leachate 1s re-circulated back into compost piles or windrows as much as possible. 4. Provisions for vector, odor, litter and dust control shall be included. Records keeping shall be maintained at all times. f. Residues shall be managed as solid waste and shall be disposed of as such. tMun, Ordinance No, 2019-097 Temperatures of compost piles, curing piles and processed composts shall be maintained in safe levels to prevent spontaneous combustion. h. Actobic conditions shall be maintained (o prevent creation of dangerous gases such aa methane. 1. All technical reports, technical documents, plans and specifications pertaining to the engineering of the facility and other waste management facilities shall be certified based on Environmental Management Bureau requirements ARTICLE XI. Recycling Program Section 39 Formulation of a Reeycling Program (Eco-labeling, Reclamation, Buy Back Mechanism), ‘The municipal government of Culion through the Board shall, in coordination with the Department of Trade & Industry and the Department of Interior & Local Government, can underwke a study of existing markets for processing and purchasing recyclable materials, and the potential steps necessary to expand these markets. When developing the market for recycled goods, an investigation of markets should be made for cach recyclable material ta include the following & Identifying potential purchasers of the recovered material through standard market research techniques: b. —_Diteetly contacting buyers and determining thy buyers quality specifications, potential ‘ansportation agreements and any minimum quantity eritenia Section 40, Reclamation Program and Buy-hack Center, The municipal government of Culion through the Board shall establish and implement a deposit of reclamation program in coordination with manufacturers, recyclers and generators to provide separate collection systems or convenient dkop-ulT locations for recyclable materials and particularly for separated toxic components of the waste stream like dry cell batteries and tines (o ensure that they are not incinerated or disposed-off in the landfill. Section 41. Responsibility to Establish the Buy-back Center and Implement the Reclamation Program, The establishment of a buy-back center and the implementation of the reclamation program shall be responsibility of the municipal government of Culion through the Board in collaboration with the National Ecology Center. ARTICLE XII. User Fees for Solid Waste Management Services Section 42, For Commercial and Industrial Wstablishment, Commercial and industrial ‘establishments shall be charged an annual garbage collection fee in the manner and amount provided for under the Revised Revenue Code 2014 of the municipality of Culion to supplement other sources of revenues for the operations and maintenance of the solid waste management system of the municipality. Section 43. For Residential Units. Residential units located within the solid waste collection service shall likewise pay an annual garbage collection fee of PAP 1.00 per day payable quarterly. Section 44, For Barangays, Barangays shall be charged the amount of PAP 100.00 for the collection and transport of non-recyclable and special wastes and for the disposal of these into the central MRF station in Sitio Carigmalan, Section 45. For Private Resorts. Resorts in this municipality shall be charged the umount of PhP 1,500.00 for every collection and transport of non-recyclable and special wastes and for the disposal of these into the Central MRF station in Sitio Carigmalan,Mun, Ordinance No, 2019-097 Page 13 a 0 ARTICLE XIII, Prohibited Acts and Penalty Section 46, Prohibited Acts, The following acts are hereby declared unlawful and subject to penalty under this ordinance a. Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros or parks, and establishment, or causing or permitting the same; b. Indertaking activities or operating, collecting or transporting equipment in violation of sanitation operation, ¢. Open burning of solid waste; d. Causing or permitting the collection of non-sewreguted or unsorted waste; Squatting in open dumps and landfills; Open dumping, burying of biodegradable or non-biodegradable materials in flood-prone arcas: g Unauthorized removal of recyclable material intended for collection by authorized persons, h. ‘The mixing of source-separated recyclable material with other solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal, Transport and dumping in bulk of collected domestic, industrial, commercial and institutional wastes in areas other than centers of facilities prescribed under this Ordinance; and i The construction of any establishment within two hundred (200) meters from open dump or controlled dumps or sanitary landfills, Section 47. Penal Provisions, Any individual, person or persons who violates any of the provisions of this ordinance or commits any of the unlawful acts enumerated in the immediately preceding section shall, upon conviction, be punished by a fine of not less than PhP 1,000.00 or not more than PhP 2,500.00 ‘or by imprisonment af’ not less than ane(1) month nor more than six(6) months or both at the discretion of the Court, without prejudice to the second paragraph of Section 2 of PD 825 (Anti-littering) which sintes “If violator 1s a corporation, flem or other corporate entities, the maximum penalty shall be imposed upon the president, manager, director or persons responsible for ite operations". For habitual violators, who are willfully violating any provision of this ordinance shall upon conviction be punished by a fine of not less than PhP 1,500.00 or not more than PhP 2,500.00 or by imprisonment of not less than two(2) months nor more than six(6) months or both at the discretion of the court Section 48. Creation of the Bantay Basura Task Force. The Bantay Basura Task Force is hereby created under the Environmental Sanitation Office or concerned Office to be composed of the following: 4. Municipal Disaster Risk Reduction & Management Officer; b. Municipal Administrator; c. Municipal Planning & Development Coordinator, 4. Sanitary Inspector; and Focal Person on Solid Waste Management f‘Mun, Ordinance No, 2019-097 Page 14 ‘The Task Force shall have the following powers and functions, to wit 2, To properly enforce this ordinance; b, To impose penalties to offenders of this ordinance; ¢. To apprehend violators of the anti-liticring provision, and of persons who do not maintain garbage receptacles within their premises or who allow littering therein. Violators shall be issued apprehension tickets by the Task Force, d. ‘To monitor uncollected piles of garbage in cvery barangay; and ©. To inspect office periphery of national government agencies, local government units, resorts, und other business establishments for the presence of solid waste related facilities for composting and waste segregation. ARTICLE XIV. Final Prov ions Section 49, Mandatory requirements for existing and future construction for public & private facilities and business establishments: TYPE OF FACILITIES REQUIREMENTS Schools: Compesting area, prec a bin Government & Private Institutions | “a™mPosting area, greening facility (garden), segregation bins, 1 planting wrew ve posting area, greening facility (garden), segregation bins, Churches & Other Religious Institutions vertical planting area Sewerage Treatment Piant, Solid Waste Management Plan Island Resorts approved by the Municipal SWM Board, Composting area, greening facility (garden), segregation bins eet Solid Waste Management Plan approved by the Municipal SWM Hospitals Board, Composting area, greening facility (garden), segregation | bins Private Medical Clinics iden), sepregation bins Hotels, Restaurants & Carinderias, Pension & Lodging Houses & Boarding Houses ‘Composting area, greening facility (garden), segregation bins, vertical planting area ‘Composting area, greening facility (garden) or vertical gardening area, segregation bins eee Composting arca, greening facility (garden), segregation bins Grocenes & Sari-sari Stores Section 50, Funding Requirement, The Board shall be annually allocated with funds to sustain its full operation. The annual financial appropriation may include payment for personal services, maintenance and other operating expenses (MOQE) and capital outlay, as may be needed. Section 51, Implementing Rules and Regulations. ‘The office of the mayor shall issue the necessary rules and regulations for proper implementation of this ordinance within 30 days from its approval Section 52. Separability of Provisions, If any provision of this ordinance or the application of such provision to any person or circumstances is declared unconstitutional, the remaining provisions to other persons or circumstances shall not be affected by such declaration.Mun, Ordinance No, 2019-097 Seotion 53. Repealing Clause, Provisions of any other municipal ordinances, orders or regulations inconsistent herewith are hereby amended/modified/tepealed accordingly. Section 54, Effectivity, This ordinance shall take effect after the lapse of three(3) consecutive weeks of posting in at least three(3) conspicuous places in the municipality reckoned from the time of its approval. SO ORDAINED. LEO} K. SARI INIO: WARNELL# DAYANDANTE Sang#liniang Bayan Member Sanggymentg Bayan Member JOVEL AN ‘LE A. BALLESCA ALEJANDRO Sangguniahg Bayan Member Sangguniang Bay ANDRES A. ALCANTARA Sangguniang Member RODEL D. NACACHI LNB PresidenvEx-Ufficio Member AL JOYE ACO Sangguniang Bayan Member SIME President’ Ex-Officio Member x Thereby certify that the aforequoted ordinance was enacted hy the 8" Sangguniang Rayan of Culion, Palawan during its 132" regular session held on January 14, 2019. HONESTO B/ROSELLO. Secretary to fife Sanggunian ¢ G, LAGROSA fficer APPRAQVED: INIA N. DE VERA Municipal Mayo Date:_1 /U1/14 (Ad Majorem Dei Gloriam) f