Republika ng Pilipinas TANGGAPAN NG SANGGUNIANG PANLUNGSOD Lungsod ng Puerto Princesa EXCERPTS FROM THE MINUTES OF THE 67™ REGULAR SESSION OF THE 12TH SANGGUNIANG PANLUNGSOD OF THE CITY OF PUERTO PRINCESA HELD ON OCTOBER 6, 2008 AT THE SESSION HALL OF THE SANGGUNIANG PANLUNGSOD. PRESENT: Hon. FELIBERTO S. OLIVEROS II City Councilor, Chairman Protempore, Temporary Presiding Officer Hon, REBECCA V. LABIT City Councilor, Majority Floor Leader Hon, HENRY A. GADIANO City Councilor, Asst. Majority Floor Leader Hon. JIMMY L. CARBONELL City Councilor Hon. ELEUTHERIUS L, EDUALINO: ‘City Councilor Hon. ROGELIO M. CASTRO City Councilor Hon. MIGUEL T. CUADERNO IV ‘City Councilor Hon. LUIS M. MARCAIDA IIT City Councilor Hon. JOAQUIN V. PALANCA, JR. City Councilor Hon. MARIVIC P. JAVAREZ ‘City Councilor Hon, DOUGLAS S. HAGEDORN Pres., Liga ng mga Barangay, Ex-Officio Member Hon. TRISHA MAE C. ASUNCION Pres., SK Federation, Ex-Officio Member OFFICIAL BUSINESS/OFFICIAL TRAVEL: Hon. LUCILO R. BAYRON City Vice Mayor, Presiding Officer, Acting City Mayor Hon. BENY B, RESUMA City Councilor ABSENT: < 8. Hon. MARK DAVID M. HAGEDORN City Councilor cod wax ORDINANCE NO. 396 AN ORDINANCE ENACTING THE CODE OF CONDUCT FOR THE CONSERVATION, PROTECTION AND RESTORATION (CPR) OF THE SOURCES OF LIFE OF THE CITY OF PUERTO PRINCESA. Authored by: Hon, Fetiberto 8. Oliveros IIf, City Viee Mayor Lucilo R. Bayron and all Members BE IT ORDAINED by the Sangguniang Panlungsod of the City of Puerto Princesa in its regular session assembled, THAT ARTICLE TITLE OF THE ORDINANCE Section 1. Title of the Ordinance. - This Ordinance shall be known as the Code of Conduct for the Conservation, Protection, and Restoration (CPR) of the Sources of Life of the City of Puerto Princesa and shall hereinafter be referred to as the Code. It covers all ordinances enacted by the Sangguniang Panlungsod which are relevant to the conservation, protection, restoration, utilization and management of the environment, specifically along the areas of land, ait and water. ARTICLE TtPage2/Ord. No. 396 PHILOSOPHY AND PARADIGM Section 2. The Environment as the Sources of Life. - Environmental security is the highest form of national security. The supply and quality of the Sources of Life - the Land, the Air and the Waters (LAW) - are the essential elements of a people and of a country and the base of all economic activity. The availability ‘of these fife-sources and services are hereby placed in the highest order of importance as the main comerstoe ‘of our political priority The environment and the sources of life relate to nothing less than the vital organs of life, The land and the soil are the skin and the flesh, the trees and the forests are the lungs, and the sea and the rivers are the blood and its bloodstreams of Life on Barth. Section 3. Humankind: ‘The Thinking Part of Nature. — Humankind, a species of animal that claims to be most intelligent and wise, is not the master or overlord of the Earth. He is only a caretaker, a guardian and a trustee. Humankind must therefore use its ability to think wisely and care for the Life sources of the Earth Section 4. Paradigm of Extraction and Consumption, - In ages past, the primary concem of humankind has been the extraction and consumption of these life-sources of Land, Air and Water. From hhunter-gatherers surviving on fruits and leaves to becoming farmers a ‘mere 10,000 years ago, human beings take out nutrients from the soil, ‘wood from the forests, fish from the water and waters from the rivers to survive, Humankind has always been a consumer, never a producer, of the elements of Life. ‘The Industrial Revolution that started barely 200 years ago changed all this. With the discovery of the combustion engine powered by coal, then by oil, humankind began fo extract and use these sources of life faster than the rate they could be replenished. To fuel this activity, humankind uses fossilized carbon matter in the form of coal and cil as fuel for these engines. Trees that took thousands of years to grow were cut down in a matter of minutes, soil was drained of nutrients, Iand was stripped and disemboweled for shiny pieces of metals, and the waters used, sucked out from the ground, and thrown away as waste. The air, this delicate mixture of life-giving gases, has been fouled as a result of our excessive burning of the fossilized carbon of coal and oil. rate by which humankind has been burning this carbon matter and the carbon dioxide gas that it releasts fijs resulted in the imbalance of the atmospheric gases. The concentration of carbon dioxide (CO2) gas in the’atmosphere is now causing the heating of the Earth, and as a result, drastic changes in weather ‘occur. There are droughts in some parts of the Earth (Australia, Africa): excessive rainfall, intense typhoons, and flooding in Asia; heat waves in Europe, and other manifestations of severe weather happening all throughout the world. The ice sheets in glaciers and ice caps in the cold regions of the Antarctic, the Aretic and in the highlands of the globe which store much of the freshwater have been melting at an alarming rate. ‘The melted waters go to the sea and increases the volume and level among the coastal regions where half of humanity inhabit, threatening to submerge them in less than one hundred years. The very survivat of the human race is now at its defining moment, The evidence of climatic changes, land degradation, water scarcity, air pollution, and the multiple organ failures of the vital elements of Life on Earth is a clear and present danger. Within the seed of this erisis is ‘an opportunity. Humanity must prove its elaim to superior intelligence and wisdom. Section 5, Paradigm Shift. - The Environment, the stable and safe supply of the life-sources, is the foundation for human existence and is the base of all economic activities. However, having seen that thepresent pattern of extractive and consumptive economic development is destructive and unsustainable, we, the People of Puerto Princesa City, have shifted to the paradigm of conservation, protection and restoration (CPR) of our Sources of Life. CPR also means the cardio-pulmonary resuscitation of the vital organs of Life. From the paradigm of extraction and consumption, we are shifting to the economic mindset of conservation, protection and restoration, Alll economic activities therefore must be geared towards the care, protection and restoration of the Life-sources of Land, Air and Water of Puerto Princesa. Decisions to extract non-renewable natural resources should always be in accordance with the Principle of Seven Generations. This prineiple states that in making a today, one must consider its impact for the next seven generations. This is also known as the Principle of Inter-generational Responsibility — our generation's responsibility, as temporary trustees of these Life-sources, to future generations who will also need to use them to live. ARTICLE IIL AUTHORITY AND PURPOSE Section 6, Authority. - This Code is enacted pursuant to the provision of Republic Act No. 7160, also known as the Local Government Code of 1991, particularly Sections 2(a), 2(c), 3(€), 3(€), 3() up to 3M), 5(a), 5(©), 16, 17, 26, and 27, 33, 34, 35, 36, 129, 186, 289, thereof, including Sections 389(b\9), 455(b)(3)(vii), which mandates the City Mayor to adopt adequate measures to safeguard and conserve land, ‘mineral, marine, forest and other resources; Section 458(1)(vi), which provides for the authorities of the Sangguniang Panlungsod to protect the environment and impose appropriate penalties for acts which endanger the environment, such as dynamite fishing and other forms of destructive fishing, illegal logging and smuggling of logs, smuggling of natural resources products and endangered species of flora and fauna, slash and burn farming, and such other activities which result in pollution, acceleration of eutrophication of rivers and lakes, or of ecological imbalance. Section 7. Objectives and Purposes. - This Code is enacted for the following objectives and purposes: Objectives: 7.1. To promote the principles of ecologically sustainable development. That the use, development and protection of the environment should be managed by the City Government of Puerto Princesa, and shall hereinafter be referred to as the City Government, in a way and at a rate that will enable people and communities to provide for their economic, social and physical well- ‘beings and for their health and safety while: 4) sustaining the potential of natural and physical resources fo meet the reasonably foreseeable needs of future generation: b) safeguarding the life supporting capacity of land, ait, water, and ecosystems; and ©) avoiding, remedying or mitigating any adverse effects of activities on the environment, and that proper weight should be given to both long and short terms economic, environmental, social and equity considerations in deciding all matters relating to environmental resources, use, protection, restoration and enhancement. 7.2. To ensure that all reasonable and practicable measures are taken by the City Government to protect, restore and enhance the quality of the environment having regard to the principles of ecologically sustainable development; 7.3. To prevent, reduce, minimize and, where practicable, eliminate harm to the environment: 73.1 _ by programs to encourage and assist action by industry, goverment authorities and the community aimed at pollution prevention, clean productions and technologies, reduction, reuse and recycling of materials and natural resources, and waste ‘minimization; 7.3.2. by reguisting in an integrated, systematic and cost effective manner: ‘CGPPIQSF-SPO.47 Rev. 00 Effectly Date: October 10, 2005Page4/Ord. No. 396 ity Secretary ; 8) activities, products, substances and services that through pollution or production of waste, cause environmental harm, b) the generation, storage, transportation, treatment and disposal of waste; 74 To coordinate activities, policies and == program =— necessary = to _—iprevent, reduce, minimize or eliminate environmental harm to ensure effective environmental protection, restoration and enhancement, 7.5 To facilitate the adoption and implementation of environment protection measures agreed on by the national government, environmental non-government organizations and the City Government for greater uniformity and effectiveness in environmental protection; 7.6 To apply a precautionary approach to the assessment of risk of environmental harm and ensure that all aspects of environmental quality affected by pollution and waste, including ecosystem sustainability and valued environmental attributes are considered in decisions relating to the environment: 7.7 To require persons, natural or juridical, engaged in pollution activities to progressively make vironmental improvements including reduction of pollution and waste at source as much improvements become practicable through technological and economic developments; 78 Toallocate the costs of environmental protection and restoration equitably and in a manner that, ‘encourages responsible use of and reduced harm to the environment with pollutes bearing an appropriate share of the costs that arise from their activities, products, substances and services; 7.9 To provide for monitoring and reporting on environmental quality on a regular basis to ensure compliance with environmental laws, rules and regulations and the maintenance of a records of trends in environmental quality; 7.10 To provide for reporting of the state of the environment on a periodic basis; and 11 To promote (a) industry and community education and involvement in decisions about the ection, restoration and enhancement of the environment and (b) disclosure of and public {o information about significant environmental incidents and hazards, Purposes: 7.12. Operationalize the powers and responsibilities of the City Government in the delivery of general welfare services particularly in environment and natural resources management; 7.13 Provide guidance to the lower-level local government units in the exercise of their powers and in optimizing the opportunities provided under RA 7160; 7.14. Establish the framework for a local government-driven, inter-agency, and multi-sectoral system of environment management in the city; 7.15 Regulate, control, and guide future growth and development of the city in the pursuit of its ‘common vision of progress through agro-industrial and ecotourism development within the context of wise management and utilization of the natural, biophysical, geological, cultural and historical heritage of the City of Puerto Princesa; 7.16 Inform the citizens on the environment and natural resources management policy of the City 7.17 Establish the mechanism for implementing the provisions of this Code. Section 8. Operative Principles. - This Code is based upon the following principles:PageS/Ord. No. 396 8.1 The active participation of Puerto Princesans is the key to the attainment of sustainable development; . 8.2. The people are the stewards of God’s gift of nature for sustainable livelihoods 8.3. The enactment and enforcement of laws concerning the protection and conservation of the ‘environment shall be just and consistent with the laws of nature; 84 The use of environment-friendly and appropriate technologies is a basic foundation for a healthy and progressive generation; 8.5 All development activities shall always give importance and respect for the indigenous culture ‘and practices of the people including gender and population concerns consistent with ecological principles; 8.6 The sustainable economic development of the City of Puerto Princesa calls for a judicious use ‘of natural resources and an equitable access to all in accordance with existing laws; and 8.7 All Puerto Princesans, including transients, visitors and the like, have the right to be informed and to participate in all undertakings pertinent to the sustainable utilization, protection, preservation, and conservation of natural resources. Section 9. Declaration of Policy. - Cognizant of the enormous promise and opportunity for prosperity offered by the quality, quantity. diversity, and sustainability of our environment and natural resources through which we envisage to arrest in part the high rate of out-migration of our fellow Puerto Princesans as occasioned by the growing scarcity and dectining productivity of our natural resources, and ‘considering that environment and natural resources management within the City transcends municipal boundaries, it is hereby declared the policy of the City Government to secure for the use and enjoyment of present and future generations of Puerto Princesans the perpetual existence of adequate environment and natural resources in order to support indefinitely the sustainable development requirements of the City. < 8 Section 10. Definition of Terms. - As used in this Code, the following words and phrases shall be 8 defined as follows: $8.) “Air Pollutant” means any matter found in the atmosphere other than oxygen, nitrogen, water vapor, $ carbon dioxide, and the inert gases in their natural or normal concentrations, that is detrimental to health 8 or the environment, which includes but not limited to smoke, dust, soot, cinders, fly ash, solid particles 3 sf any kind, gases, fumes, chemical mists, steam and radioactive substances; 2) “Air Pollution" means any alteration of the physical, chemical and biological properties of the atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to render the air resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes; 3) “Ambient Air Quality" means the general amount of pollution present in a broad area; and refers to the atmosphere’s average purity as distinguished from discharge measurements taken at the source of pollution; 4) “Air shed” refers to areas with common weather or meteorological conditions and sources of air pollution which affect the interchange and diffusion of pollution in the surrounding atmosphere. 5) “Alienable and disposable (A and D) lands” refer to those lands of the public domain which have been declared by law as not needed for forest purposes. 6) “Ancestral Domain” refers to all areas generally belonging to indigenous peoples (IPs) comprising lands, inland waters and natural resources therein, held under a claim of ownership, occupied or possessed by IPs themselves through their ancestors, communally or individually since timePage6/Ord. No. 396 n 8 % 10) 19) 20) immemorial continuously to the present except where interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any voluntary dealings entered into by government and private individuals, corporations and which are necessary to ensure their ‘economic, social and cultural welfare. It shall include ancestral land, forest pasture, residential, agricultural and other lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship arcas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively oceupied by 1P’s but from which they traditionally had access to for their subsistence and traditional activities, particularly the home ranges of IPs who are still nomadic andor shifting cultivators, “Artisanal” refers to a skilled laborer. “Biodegradable” refers to any material that can be reduced into particles (degraded or decomposed) by microbiological organisms or enzymes (synonymous with compostable). “Bio-gas Digester” refers to a mixture of methane, carbon dioxide and traces of inert gases produced by the fermentation of animal manure organie waste in an airtight digester chamber. Kinds of Bio-digester —“poso-negro”. “Biological diversity” means the variability among living organisms from all sources. including terrestrial, marine, and other aquatic ecosystem and the ecological complexes of which they are part; this includes diversity within species, between species and ecosystems. “Buffer zones” are identified areas outside the boundaries of and immediately adjacent to designated protected areas and need special development control in order to avoid or minimize harm to the protected area. “Bulky waste” refers to waste materials which cannot be appropriately place in separate containers because of either its bulky size, shape or other physical attributes. These include large worn-out or broken household, commercial, and industrial items such as furniture, lamps, bookcases, filing cabinets, and other similar items, “Certificate of Non-Conformance” isa certificate issued to __claimants/developers/ swardees/owners/operators of all uses existing prior to the approval of the Zoning Ordinance, which do t conform in a zone as provided in the ordinance. “City” means the City of Puerto Princesa; “City ENRO” means the City Environment and Natural Resource Office: “City Government” refers to the City Goverament of Puerto Princesa. “City Waste” means the waste materials generated from communities within the City; “Coastal Area/Zone” is a band of dry land and adjacent ocean space (water and submerged land) in which terrestrial processes and uses directly affect oceanic processes and uses, and vice versa; its geographic extent may include areas within a landmark limit of one (1) kilometer from the shoreline at high tide to include mangrove swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy ‘beaches and other areas within a seaward limit of 200 meters isobath to include coral reefs, algal flats, sea grass beds and other soft-bottom areas. “Coastal Core Zone” refers to the coastal zone includes sanctuaries for rare and endangered species, selected coral reefs, sea grass beds, mangrove ecosystem reserves and protected small islands. This zone shall be free from any human activity. ““Coastal/Marine Zone” is a component of ECAN which includes the whole coastline up to the open sea,Page7/Ord. No, 396 22) 23) 29) 30) 31) 32) “Commercial Fishing” is the taking of fishery species by passive or active gear for trade, business or profit beyond subsistence or sports fishing, to be further classified as: “Small scale commercial fishing” refers to fishing with passive or active gear utilizing fishing vessels of 3.1 gross tons (GT) up to twenty (20) ‘Medium scale commercial fishing” refers to fishing utilizing active gears and vessels of 20.1 GT up to one hundred fifty (150) GT. “Community-Based Forest Management Agreement” (CBFMA) is an agreement entered into between a community and the government, for the former to develop, utilize and manage, consistent with the principles of sustainable development, existing forestry laws and regulations and other terms and conditions mutually agreed upon by the two parties. The latter may provide technical assistance to the former, in implementing the terms and conditions of the agreement. “Communal forest” refers to a tract of forest land set aside for a city by faw or through a valid proclamation or order for the use of the residents of a city from which said residents may establish forest plantations and/or tree farms, cut, collect and remove forest products for their personal use in accordance with existing laws and regulations. The city is entitled to a maximum of 5,000 hectares of communal forest as provided in Section 17(b\2\(i), RA 7160. “Compost” is a decayed organic material for use as soil conditioner or fertilizer. “Composting” refers to biological degradation under controlled conditions; the process of making biodegradable such as food waste, garden waste, human waste into compost by mixing soil, water, biological additivesactivators and air. “Controlled use area” - part of the buffer zone, encircles and provides outer barrier to the terrestrial core zone and restricted use areas and allows controlled forest extraction, like the collection of minor forest products and strictly controlied logging and quarrying. “INENR” means the Department of Environment and Natural Resources; facto” refers to open access conditions result from the inability of a resource owner or manager, by way of effectively excluding or regulating non-owners from the use thereof, thereby rendering the utilization of the resource under open and unregulated conditions as if there is no owner or manager. The failure of regulatory controls by resource owners or managers inevitably results in the destruction of the resource and overall losses in public welfare. In the case of marine resources, de facto open access conditions lead to eventual declines in marine productivity particularly fish catches in the municipal waters. Examples of destructive human activities in Puerto Princesa, occasioned by “de facto” open access regimes in municipal waters include the use of destructive fishing methods, overfishing, destruction of fragile mangrove fish he and spawning grounds, improper garbage disposal, pollution, and acts resulting to siltation. “Domestic waste” refers to refuse from households and commercial establishment as distinguished from industrial waste, agricultural waste, hospital waste and building and demolition waste, which may be classified as biodegradable (compostable) or non-biodegradable (non-compostable), “DOTC" means the Department of Transportation and Communication “ECAN Locational Clearance” refers to a clearance issued to an activity/undertaking that is allowed under the provisions of this Ordinance. “ECAN Zoning Map” is a map wherein the designation, location and boundaries of the zones are shown and indicated.SAMSON A. NEGOSA Page8/Ord, No. 396 33) 34) 38) 36) 37) 39) 40) ay 42) 43) 44) 45) “Ecotourism” refers to a nature-based activity managed by the focal community with government support whose primary goals are conservation and enhancement of natural resources while providing ‘economic benefits to the local community without endangering the socio-cultural practices of its people. “Effluent” is the general term denoting any wastewater, partially or completely treated, or in its natural state, flowing out of a manufacturing plant, industrial plant or treatment plant. “Emission” refers to the act of passing into the atmosphere an air contaminant, pollutant, gas stream and unwanted sound from a known source, “Environment” refers to the quantity, quality, diversity and sustainability of renewable and non- renewable natural resources, including the ambient environment such as the atmosphere, climate, sound, ‘and odors that are critical determinants of the quality of life. In a broad sense, it shall include the total ‘environment of man such as economic, social, cultural, political, and historic factors. “Environmental Compliance Certificate (ECC)” refers to authorization issued by the DENR or the Governor, as the case may be, pursuant to law, in favor of a proponent, the project of which have been reviews, evaluated and finally approved upon consideration that the project will not bring about an unacceptable environmental impact and that the proponent has complied with all the requirements of PD. 1586 as well as Proclamation 2146, otherwise known as Environmental Impact Assessment System. “Environmentally Critical Areas” (ECA) refer to those socially, ecologically and geologically sensitive areas declared by law or valid proclamation as (i) areas for natural parks, watershed reserves, wildlife preserves and sanctuaries, (ji) arcas sct aside as scenic/acsthctic and potential tourist spots, (fii) arcas ‘Which are the habitat of endangered species, (iv) areas frequently visited by natural calamities, (v) prime agricultural lands, (vi) recharge areas of aquifers, (vii) water bodies, (viii) mangrove areas, (ix) coral reefs, (x) mossy and virgin forests, (xi) river banks, and (xii) swamplands and marshlands. Technically, itmay also validly refer to environmentally critical projects. Enzyme” refers to @ protein produced by cells, with substances to initiate or accelerate chemical reaction in plant or in animal matter, ating like an organic catalyst. “Existing use area” refers to areas identified as contributing to important ecological processes that ‘otherwise could have been classified as core or buffer zones but during the approval of these guidelines, these areas had been released or occupied with existing uses to the communities through the provisions of the existing law or due to inappropriate management of these areas. “Pactories/Plants” refer to establishments for manufacturing and production such as canneries and other related establishments, “Factory Retumable” refers to all non-biodegradable, non-compostable such as tin cans/meta bottle/glass including broken pieces; plastic Styrofoam/rubber/dry papetidry _cardboard/dry cloth/fibers/leather/hard shell/hard bones, etc. that are segregated in separate containers or placed in one sack (cans, bottles, containers already rinsed) and are sold/given away to collectors. “Feed Materials” refers to all food waste, peelings, vegetables trims, fish entrails, fowl innards, spoiled fruits, leftovers, egg shells, rice/fish/meat washing, etc. that should be collected and kept in covered containers as hog/chicken/duck/pets/fish feeds. “Fermentable” refers to fruit peelings, spoiled or over-ripe fruits, juices e.g. buko juice, etc. are made {nto vinegar, wine or “nata-de-pitia,” et. “Fertilizer Material” refers to all compostable or biodegradable such as garden waste (leaves, twigs, ‘weeds), animal waste (manure, carcasses), human waste (feces, urine, blood, all excreta), soiled wipes such as tissue papers, pads, diapers (removed plastic portions) are made into compost for orgenic gardening,Page9/Ord. No. 396 46) 41 48) 49) 50) 51) 32) 53) Samson A. NOOSA 56) 37) “Fine Crafts” refers to any non-biodegradables which could be used as materials for handicrafts, ‘cottage industries, art works, toys and other livelihood projects such as paper mache, paper basketry, tin craft, metal craft, plastic twine or rope braids, feather crafts, wooden crafts, even “lahat” crafts Styrofoam melted in small amount of gasoline solvent provides cheap glue or “binder” for many of the projects. “Food Material” refers to certain kinds of seed, pulp, peeling that are made into pickles, “sweets,” candies, or snacks. “Functional Facilities/Equipment” refers to useful equipment/facilities devised or created from discards, throwaways, junks, scraps, (e.g. chairs, tables, doormats, play equipment, from rubber tires, roofing, from milk cans, flower pots, “planters” from plastic bags, sacks, containers, etc, “Garbage Burning” means any act of burning waste or garbage such as wrappers, paper bags, plastic bags, newspapers, used office supplies, etc. “Garbage Fec” refers to the fee levied by the government on households, commercial establishments, industries and institutions for the collection, transport and disposal of domestic solid waste. “Green Charcoal” refers to another form of fuel or grass charcoal, manufactures from compostable, organic, cellulite material with the use of enzyme to breakdown the lignin or binding material, after which it is located and dried then used in charcoal-fed stoves. "Greenhouse Gases" means those gases that can potentially or can reasonably be expected to induce global warming, which include carbon dioxide, oxides of nitrogen, chlorofluorocarbons, and the like; “Guano” refers fo accumulated droppings or excrements of bats in caves and does not include phosphate rocks. “Haulers/Vans” refer to transportation ve Wy goods or merchandise, les used for hauling livestock products and the transport of 1us Substances " means those substances which present cither: (1) short-term acute hazards Shch as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire explosion; or (2) long-term toxicity upon repeated exposure, carcinogecity (which in some cases result in acute exposure but with a fong latent period), resistance to detoxification process such as biodegradation, the potential to pollute underground or surface waters; “Hazardous Waste” refers to special types of waste containing the chemicals, biological, and radiological elements which are harmful to human health. “Hospital Care Wastes” include all wastes generated as a result of the following: a. Diagnosis, treatment, management and immunization of humans or animals; b. Research pertaining to the above activities; «©. Producing or testing of biological products; and 4d. Wastes originating from minor or scattered sources (ie. dental clinies, alternative medicine clinics, etc) Listed below are the Hospital Care Wastes: ‘.General Waste ~ comparable to domestic waste, this type of waste does not pose special handling problem or hazard to human health or to the environment. It comes mostly from the administrative and housekeeping functions of health care premises. General waste should be dealt with by the ‘municipal waste disposal system, b.lnfectious Waste - this type of waste is suspected to contain pathogens (bacteria, viruses, parasites, or fungi) sufficient concentration or quantity to cause disease in susceptible hosts.Page10/Ord. No. 396 ¢.Pathological Waste — consists of tissues, organs, body parts, human fetus and animal carcasses, blood and body fluids. Within this category, recognizable human or animal body parts are also called ‘anatomical waste. This category should be considered as a subcategory of infectious waste, even though it may also include healthy body parts. d.Sharps — include needles, syringes, scalpels, saws, blades, broken glass, infusion sets, knives, nails ‘and any other items that can cause @ cut or puncture wounds. Whether or not they are infected, such items are usually considered as highly hazardous health care waste. e. Pharmaceutical Waste - includes expired unused, split and contaminated pharmaceutical products, catation campaign on air pollution and on the Philippine Clean Air Act of 1999. It shall conduct regular seminars and other information drives in private and public schools in the City and among barangay residents and various civic groups. Seetion 32. City Environment and Natural Resources Office. The City ENRO would be the primary government agency responsible for the implementation and enforcement of this Ordinance. It shall have the following powers and duties: 1) Prepare comprehensive air quality management programs, plans and strategies within the limits set forth in the Local Government Code and which shall be submitted to the City Sanggunian; 2) Provide technical assistance and support to the City Mayor in carrying out measures to ensure the delivery of basic services and the provision of adequate facilities relative to air quality; 3). Take the lead in all efforts concerning air quality protection and rehabilitation; 4) Recommend to the Airshed Governing Board, whenever an dirshed is established, air quality standards ‘which shall not exceed the maximum permissible standards set by national law: 5) Coordinate with other government agencies and non-government organizations in the implementation of measures to prevent and control air potfution; andPage22/Ord. No. 396 6) Exercise such other powers and perform such duties and functions as may be prescribed by law or ‘ordinance, Section 33. Establishment of a Clean Air Management Board (CAMB) and Integration of Task Force Sagip Hangin into such Body.Task Force Sagip Hangin which was established by the former anti- smoke belching ordinance is hereby made info a Clean Air Management Board (CAMB) mandated to implement this Article of this Code. The CAMB shall be chaired by the City Mayor, and shall be composed of the following: a.) Department of Environment and Natural Resources (DENR), b.) City Environment and Natural Resources Office (City ENRO), c.) City Legal Office, .) City Traffic Management Authority, e.) City Planning Office, f) City Health Office, ) Chairman of the Sangguniang Panlungsod’s Committee on Environmental Protection and Natural Resourees, h.) Chairman of the Sangguniang Panlungsod’s Committee on Transportation, .) Business sector, 4) Non-Government Organizations (NGOs), k.) Land Transportation Office (LTO), 1) Palawan Council for Sustainable Development (PCSD), m.) Academe, and the n.) Designated representative of the Association of Barangay Chairman (ABC). Section 34, Citizen Suit. For purposes of enforcing this Ordinance and the Clean Air Act, any citizen may file an appropriate civil, criminal or administrative action in the proper court against: 1.) Any person who violates or fails to comply with the provision of this Ordinance and the Clean Air Act and its implementing rules and regulations; 3 $ 8 z < 2 b.) The DENR, City Government or other implementing agencies with respect to orders, rules and regulations issued inconsistent with the Clean Air Act and this Ordinance; City Secretary ©.) Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty by the Clean Air Act and this Ordinance or its implementing rules and regulations; or abuses his/her authority in the performance of his/her duty; or, in any manner, improperly performs his/her duties under the Clean Air Act and this Ordinance or its implementing rules and regulations; Provided however, that no suit can be filed until after thirty-day (30) notice has been given to the public officer and the alleged violator concemed and no appropriate actions have been taken thereon. The court shall exempt such action from the payment of filing fees, except fees for actions not capable of pecuniary estimation, and shall likewise, upon prima facie showing of the non-enforcement or violation complained of, exempt the plaintiff from the filing of an injunction bond for the issuance of a preliminary injunction. Section 35. Administrative Sanction. Without prejudice to any affected person to file an administrative action, the Clean Air Management Board or the City ENRO shall, on its own instance or upon verified complaint by any person, institute administrative proceedings against any person who violates: 4.) Standards or limitations provided under this Ordinance and the Clean Air Act; or b.) Any order, rule or regulation issued by the City ENRO or the Clean Air Management Board (CAMB) and affirmed by the Sangguniang Panlungsod, with respect to such standard or imitation. ‘Any person found guilty of violating any of the provisions of this Ordinance after the administrative hearings shall have his/her license revoked and shall be fined appropriately.Page23/Ord. No. 396 ‘The following City Ordinances are herby affirmed and adopted: a) ity Ordinance No. 278, “An Ordinance Establishing the City’s Clean Air Program and Appropriating Funds Therefore” ; b) City Ordinance No. 66-93, “An Ordinance Preventing, Controlling, Abating and Regulating Air Pollution from Motor Vehicles Plying the City Streets and Prescribing Penalties for Violation, Thereof; and ©) City Ordinance No. 57-93, “An Ordinance Prohibiting Smoking in Public Conveyances Plying within the City of Puerto Princesa and in all Government Offices, Private Offices, and Public Places Located in Puerto Princesa Except in Areas Designated as Smoking Area and Imposing Penalty Thereof, Section 36. Fines for Smoking «First Offense : Fine of 1,500 Php © Second Offense + Fine of 3,000 Php © Third Offense + Fine of 5,000 Php Section 37. Violation of Emission Standards for Motor Vehicles. Any vehicle, which fails the emission test, will be impounded in a secured City Lot. Owners will be given a five-day pass in order to have their vehicles fixed. Failure to appear within five days for re-testing of a vehicle will result in the forfeiture of the right to drive the vehicle for the calendar year. If the vehicle is found plying the City roads, it will be confiscated and the driver fined. In addition, the driver or operator of the apprehended vehiele shall undergo a seminar on pollution control and management conducted by the City ENRO and shall suffer the following. ‘© First Offense -a fine not exceeding Two Thousand pesos (Php 2,000.00) ‘+ Second Offense- a fine not less than Two Thousand pesos (Php 2,000.00) and not to exceed Four Thousand pesos (Php 4,000.00) Js Third Offense- One Year Suspension of the Motor Vehicle Registration and a fine not less than Four Thousand pesos (Php 4,000.00) and not more than Five Thousand pesos (Php 5,000.00) Section 38. Violation of Emission Standards for Stationary Sources. For violation of the prescribed Emission Standards, referred to as Annex “A”, the penalties provided for in the Clean Air Act are applicable and therefore adopted by this ordinance. Section 39. Appropriation. The City Government, through the Office of the City Mayor, shall appropriate an amount of 3.5 million pesos, which shall be included in its general allocation for the fiscal year. Section 40, ‘The Trust Fund. To support and sustain the implementation of this Ordinance, a trust fund is hereby created which shall consist of the fees generated and fines collected under this Ordinance. Al testing fees collected from the motor vehicle owners and operators during the routine testing, as well as the fines and penalties imposed upon owners whose vehicles fail the test standards and/or apprehended for violating this Ordinance, shall accrue to the trust fund and shall be remitted to the City Treasurer who shall keep the same in a special Trust Fund for the sole purpose of implementing this Ordinance such as ‘enforcement, maintenance of equipment and support of the activities of CAMB. Section 41, Industry Group. — The Mayor shall organize industries for the purpose of sharing air pollution reduction and noise abatement techniques, work with government and non-goverament organizations on pollution and noise minimization, and establish policy requirements to promote clean air in the city,Page24/Ord. No. 396 Section 42, Acts Prohibited and Punishable under this Code shall include but not be limited to the following: 4) Causing, permitting, suffering of allowing the emission of particulate matter from any source whatsoever, including but not limited to, vehicular movement, exportation of materials, construction, alteration, demolition or wrecking or industry-related activities as loading, storing or handling without giving reasonable precautions to prevent the occurrence of such condition, Neither shall such person cause or permit the discharge of visible fugitive dust emissions beyond the boundary line of the property from which the emission originates; ) Storing, dumping, handling, processing, unloading or using in any process or installation, volatile compounds or organic solvents without applying known vapor emission control devices or systems deemed necessary and approved and ordered by the Mayor and the appropriate national government agency: ©) Operating plant or source at capacities that exceed the limits of operation or capability of a control device to maintain the air emission within the standard limitations as provided under existing national laws, rules and regulations; 4) Building, erecting, installing or using any article, machine, equipment or other contrivance, the use of which will conceal emission, which would otherwise constitute a violation of any of the provision of this Code: ©) Any person intending to build, erect, install or alter any chimney, from or through which air impurities may be emitted, shall obtain a prior approval from the Mayor. This requirement shall not apply for a chimney serving a private residence; ) It shall be unlawful for any operator of a vehicle to allow it to discharge air pollutants at levels ‘teater than the acceptable concentration standard prescribed by the DENR; £) Causing, allowing or permitting the discharge of objectionable odor, ir pollutants that cause or contribute to an Building, erecting. constructing, installing or implanting any new source, operate, modify, or rebuild and existing source, or by any means cause or undertake any activity, which would result ‘in ambient noise level higher than the ambient standards. Neither shall such person emit or cause to emit or suffer to be emitted noise greater in volume intensity or quality than the levels prescribed by the DENR for tolerable noise without first securing a clearance from the Mayor; and i) Causing or permitting the creation of any unnecessary noise through the use of any device on any street adjacent to any hospitals, schools or courts or justice. ARTICLE VI WATER Section 43. Scope of Powers. - _ In addition to the powers, duties and functions of the Mayor to adopt adequate measures to safeguard and conserve land, mineral, marine, forest and other resources, as provided under Section 455(b)(3\(vii), other specific powers of local government units in the management of water resources are enumerated in Section 17, RA 7160, as follows: b). For a barangay; pursuant to Section 17{b\{IXiii) and (¥), services related to general hygiene and sanitation and maintenance of water supply systems; and ©) For the City; water and soil resource utilization and conservation projects, and inter-barangay irrigation system, (ji) communal ‘irrigation, small water impounding, projects and other similar projects, artesian wells, spring development, rainwater collectors and water supply systems, seawalls, dikes, drainage and sewerage, and flood control pursuant to Section 17(b(4); and management, protection, rehabilitation, and maintenance of small watershed areas which areg 8 o a z < Page25/Ord. No. 396 sources of local water supply as identified or to be identified by the DENR, pursuant to Section 3.1(6), DAO 30, series of 1992; and enforcement of forestry laws, pollution control law, small- scale mining law and other laws on the protection of the environment, and mini-hydroelectric projects for local purposes pursuant to Section 17 (3)(ii), RA 7160. Section 44. Governing Laws. - The water resources provisions under this Code shall be governed by, but not limited to, the following national laws: a) RA 7160 (Local Govemment Code of 1991) b) RA 9275 (Philippine Clean Water Act of 2004) ©) Presidential Decree No. 1067 (Water Code of the Philippines of 1976) d) DENR Administrative Order 34, series of 1990, (Revised Water Usage and Classification/ Water Quality Criteria Amending Section Nos. 68 and 69, Chapter III of the 1978 NPCC Rules and Regulations) €) DENR Administrative Order No. 35, series of 1991 (Revised Effluent Regulations of 1990 Revising and Amending the Effluent Regulations of 1982) f) Republic Act No, 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990). ) Presidential Decree No. 984 (National Pollution Control Decree of 1976) h) Presidential Decree No. 825 (Providing Penalty for Improper Disposal of Garbage and Other Forms of Uncleanliness and for Other Purposes) i) Presidential Decree No. 856 (Code on Sanitation of the Philippines, 1975) i) Presidential Decree No. 1198 (Requiring All Individuals, Partnerships or Corporations Engaged in the Exploration, Development and Exploitation of Natural Resources or in the Construction of Infrastructure Projects to Restore or Rehabilitate Areas Subject Thereof or Affected Thereby to their Original Condition) Section 45. Operative Principles. - Next only to air, water is the most important element of Life. Water therefore must be judiciously used, and must never be misused, abused, or otherwise wasted. All used Water must be purified before its retum to the outside environment, and to the maximum extent possible, sused and recycled to ensure its continuing availability up to a horizon of reasonable perpetuity. Water bodies and waterways are also a primary source of enjoyment, recreation, solace, and ingpiration. Access to water bodies shall be ensured by the enforcement of legal setbacks and easements. This il ensure that the zones of salvage and recreation are always kept free, open, and accessible, The City of Pucrto Princesa shall put into practice the cyclical flow of water. Water used must be retumed to the natural environment in a state as pure, if not purer, than when it was taken. It shall strive to be a Center of Excellence in natural water treatment and recycling systems, storage and aquifer recharge, watershed protection and such other water conservation, protection and restoration activities, Water resources in the city shall be managed for the primary purpose of meeting sustainably the basic water needs of all Puerto Princesans. More than the surface and ground waters, which shall be utilized only as a last recourse, the city shall prioritize the intelligent use of rainwater for all its water needs, It shall construct, or cause to construct the necessary rainwater harvesting infrastructure (catchments, cisterns, conveyance) for domestic use; agricultural use (water supply and irrigation, erosion control); urban use (flood mitigation, sewerage control, emergency use); industrial, recreational and commercial use; and environmental services (groundwater recharge, reforestation, enhancing plantation). It shall institute water resources pricing, focal water pollution controls, and establish the Puerto Princesa Network of Watersheds (PPNW), as provided under Section 33(a) of this Code. Further, itis hereby declared the policy of the City Government that water resources in the city shall be equitably shared and that no barangay shall be deprived of safe and clean water. Section 46. Establishment of a Water Resources Trust Fund. - There is hereby created a Water Resources Trust Fund for the sole purpose of supporting city programs or projects for the rehabilitation of water production areas within the PPNW as provided under Section 35 of this Code. The trust fund, which shall comprise all amounts, denominated as “share of national wealth” from the operation of water utilities by national government agencies and instrumentalities, shall be managed and administered by the Mayor uponfh. NEGOBA ity Secretary Page26/Ord. No. 396 recommendation of the multi-sectoral Water Resources Advisory Committee, as provided under Section 35 of this Code. Henceforth, all such unexpended amounts and future allocations shall accrue to the Water Resources Trust Fund. Section 47. Designation of Priority Watersheds for Protection. - Pursuant to Section 45(b) of this Code, the Puerto Princesa Network of Watersheds (PPNW) is hereby created to be composed initially of the City’s major watersheds, namely: Langogan, Babuyan, Bacungan, Montible and Inagawan; and medium watersheds, namely: Irawan, Olangoan, Concepcion, Tanabag, Cabayugan, Bahile, Luzviminda, Simpocan, Bagong Bayan and Napsan, which shall be managed and govemed by city laws, rules and regulations, subject to national laws, for the purpose of securing the water requirements for the sustainable development of Puerto Princesa. SP Resolution No. 597-2001, entitled, A Resolution Favorably Endorsing to the Department of Environment and Natural Resources the Proposed Watershed Project of Sitio Pitugo, Barangay Bahile, this City, shall be reviewed and reconsidered for its implementation. Section 48, Establishment and Extent of the PPNW. - Within one (1) year upon effectivity of this Code, the Mayor shall, in close collaboration with the DENR and concerned barangay councils, and Protected ‘Area Management Board, study and review each watershed initially composing the PPNW as to its suitability ‘or non-suitability for the purpose of determining the specific areas strictly needed for water production purposes. Upon completion of the study and review, the Mayor, through the City Planning and Development Coordinator, shall submit to the Sangguniang Panlungsod a map and legal description or boundaries of each of the water production areas in each watershed together with his recommendations for the Sangguniang Panlungsod to declare, set aside and maintain the aforesaid areas as strict protection zone for the purpose of water production, For the purpose of this Code, only the strict water production areas in each of the aforementioned watersheds shall comprise the Puerto Princesa Network of Watersheds and therefore excludes all other lands ‘within the component watershed that are not needed for water production, Section 49. Additional Areas to the PPNW. - The Mayor shall propose to the Sangguniang ungsod the inclusion in the PPNW those watersheds established by the barangay governments in ccdrdance with Section 48(c) of this Code, including additional watersheds which the Mayor deems to strict protection for water production purposes, Section 50. Disestablishment of Watersheds. - When upon the recommendation of the majority members of the Sangguniang Panlungsod and, if applicable, the members of the concerned Protected Area ‘Management Board, a certain watershed within the PNNW or portions thereof should be withdrawn or disestablished or its boundaries modified, the disestablishment thereof shall take effect pursuant to an act of ‘the Sangguniang Panlungsod. Section 51. Buffer zones. - When necessary, there may be established peripheral buffer zones of the strict water production area to protect the same from activities that will directly or indirectly harm it; provided, that the establishment of peripheral buffer zones shall be in the same manner as the Sangguniang, Panlungsod established the strict water production area. Section 52. Water Resources Management Plan. - The Mayor shall, together with the concerned Protected Area Management Board, national government agencies, local water district and private sector gxoups, formulate a strategic management plan for the Puerto Princesa Network of Watersheds. Upon recommendation of the multi-sectoral Water Resources Committee (WRC), as provided in Section 35 of this Code, the Mayor may undertake the preparation of the plan either by administration or by commissioning qualified professional consultancy services in accordance with law. The plan shall be based, among others, on the following:Page27/Ord. No. 396 4) Inventory and classification of water resources in accordance with Presidential Decree 1067 and DENR Administrative Order No. 34, series of 1990, for the purpose of determining appropriate uses, protection measures needed and water quality standard to be applied: ) Characterization of the status of priority watersheds in terms of water-producing capacity, water quantity, water quality and use: ©) The measures 10 be implemented to improve water quality and production capacity of the watershed; 4d) The appropriate institutional arrangements to be established for managing the watershed; €) The investment requirement, duration and revenue generating measures to be implemented; and £) Appropriate policy incentives and regulations to ensure that the watershed is managed in sustainable manner. Section 53. Water Quality Monitoring. - Within nine (9) months upon effectivity of this Code, the Mayor shall organize and maintain the continuous and effective operation of a 9-member multi-sectoral Water Resources Committee (WRC) to be composed of the Mayor as Chairman and DENR, PCSDS, PPCWD, PAG- ASA, DA, and PHO as members, including two (2) representatives of non-goverament organizations as appointed by the Mayor. The Committee shall be vested with the following duties and responsibilities: NECOSA ‘Secretary ) Establish the number and location of citywide water sampling stations based on proximity to human settlements and possible sources of pollution. ‘The sampling stations shall include coastal areas, estuaries, rivers, community deep wells, artesian wells, aquifers, and similar bodies of ‘water as determined by the Committee; ) Conduct regular sampling and cause the analysis of samples collected using the parameters, standards, and procedures established by national laws. The priority parameters to be measured shall inctude biological oxygen demand (BOD), total suspended solids (TSS) and totat coliform; lease of the monitoring result to the public particularly to the barangays concemed; in coordination with the City Mining Regulatory Board, monitor the impact on water resources of all mining operations in the city; ©) Assist national government agencies in the enforcement of anti-poltution faws including Presidential Decree No. 984, DENR Administrative Onder 34 (Revised Water Usage and Classification Water Quality Criteria) and DENR Administrative Order No. 35 (Revised Effluent Regulations of 1990) and Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990); £) Organize industrial firms and tourism establishments in the city so that they can share water pollution reduction techniques, work as a group with the government and non-governmental ‘organizations on pollution reduction; 2) Advise the Mayor and the Sangguniang Panlungsod on policy requirements to safeguard water resources in the city; h) Recommend to the Mayor the allocation of the Water Resources Trust Fund as provided under Section 30 of this Code; and 4) Prepare and recommend to the Mayor annual work and financial plans for the operation of the Committee. Section 54. Protection of Public Water Infrastructures. - The Mayor shall identify the component watersheds of the PPNW which may support small hydroelectric projects, inter-barangay waterworks and ircigation systems as well as those that are potential sites of similar projects, and assist barangay governmentsPage28/Ord. No. 396 prepare management plans thereof. ‘The Mayor shall ensure that engineering works and ‘within the city do not adversely impact on water quality. frastructure projects Scetion $5. Protection of Riverbanks, Easements, Rights-of-Way, and Greenbelts. - Rain and precipitation captured by the leaves and stored by the forests slowly break out into springs, brooks, rivers and eventually end into the sea, The waters and waterways are the blood and bloodstreams of Life. As such, they must be kept flowing, open, and unobstructed. The quality of the water, like the quality of one’s blood, must be kept as pure and as healthy as possible, All riverbanks and waterways are hereby declared protected as lands and natural resources of public domain. More importantly, they are the bloodstreams and veins of that elixir of Life - Waler. Observance of the easements and setbacks from the waterways is a primary measure to prevent damage from torrential and unexpected flooding. This is especially important considering the erratic pattern of climate changes and the need for adaptive measures to mitigate or prevent damages resulting therefrom. ‘The Mayor shall adopt aclequate measures for establishing clearance and greenbelts along river banks and seashore areas as prescribed by law, to recover easements as provided in DENR Administrative Order 05, series of 1997, and Presidential Decree No. 1067 which provide that banks of rivers and streams and the shores of the seas throughout their entire length and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along margins are subject to easement for public use in the interest of recreation, navigation, floatage, fishing and salvage. fh. NEGOSA’ ‘Secretary Section $6. Drainage Systems. - The Mayor shall adopt necessary measures to ensure that adequate city and barangay drainage systems are established and maintained to prevent the negative effects of all types of effluents on both surface and underground water quality. The Mayor shall also provide assistance to barangays for the purpose of ensuring that solid wastes are properly disposed for the protection of water tion 57. Organic Farming and Soil and Water Conservation. - The Mayor shall assist in the implementation of community-based forestry projects for the purpose of instituting improved soil and water conservation techniques and generate resources to implement the measures. Likewise, the Mayor shall promote the application of organic farming techniques among farmers and use all its powers to enforce the laws governing the use of prohibited agricultural chemicals. Section $8. Health and Sanitation Measures. -The Mayor shall adopt appropriate measures to assist barangay governments improve environmental sanitation by expanding the use of sanitary toilets for waste disposal. Such assistance shall, if necessary, include, but not be limited to, direct investments in public health education and strict enforcement of the Building Code. Section 59, Water Usage and Classification. - The provisions of DENR Administrative Order No. 34, series of 1990, otherwise known as the “Revised Water Usage and Classification”, and amendments thereto, are hereby adopted. Section 60. Prohibited and Punishable Acts. - The Sangguniang Panlungsod, in consultation with the DENR, shall, within one (1) year upon effectivity of this Code, enact a unified ordinance for the purpose of defining the penalties and/or sanctions for acts in violation of the provisions of this Code, such as, but not limited to, the following: a)_No person shall operate and maintain any collection system, sewage disposal system, treatment facility or wastewater treatment facility unless the same is provided with adequate and effective ‘treatment and covered by a current and valid permit issued by the Mayor, as the case may be;Page29/Ord. No. 396 SOSA City Secjetary b) No industrial or domestic sewage shall be discharged into Class AA and Class SA waters, as defined under DENR Administrative Order No. 34, Series of 1990; ©) In order to avoid deterioration of the quality of a receiving water body (RWB), no industrial plant with high waste load potential shall discharge into a body of water where the dilution or assimilative capacity of said water body during dry weather conditions is insufficient to maintain its presoribed water quality according to its usage and classification; @) No person shall discharge, wholly or partially, untreated or inadequately treated industrial effluents directly into bodies of water ot through the use of bypass canals and/or pumps and other unauthorized means; ¢) No industrial or manufacturing plant shall be operated without control facilities of wastewater ‘treatment system in good order or in proper operation; ) No industrial or manufacturing plant or source of pollution shall be operated at capacities beyond the limits of operation or capability of wastewater treatment facility in order to maintain the effluent quality within the standards or pertinent conditions required by law and/or as stipulated in the permit to operate; 8) No person shall build, erect, install or use any equipment, contrivance or any means the use of ‘which will conceal and/or dilute an effluent discharger and which otherwise constitute a violation of the provisions of this Code; h) The construction of houses and other physical structures within the seashore or banks of rivers shall be governed by existing laws; i) No person shall develop a stream, lake, marshland or pond for recreational or commercial purposes without first securing a permit from the National Water Resources Council and the Sangguniang Panlungsod, in addition to an Environmental Compliance Certificate issued by the DENK of the Mayor in accordance with existing laws; ‘No person shall raise or lower or cause the raising ot lowering of the water level of a stream, rriver, lake, marsh or pond, nor drain the same without the necessary government clearances and/or srmits: 1) Tnpounding of water in large amounts such as to prejudice downstream or upstream users shall be prohibited; 1) No person shail drill a well without a permit from the National Water Resources Council and the Mayor; the Mayor and the National Water Resources Council shall reserve the right to revoke or cancel any permit for the extraction of groundwater if this is found to be detrimental to its sustainability, inimical to other higher priority water uses, or will result to the deterioration of critically important surface waters; 1m) The construction or setting up of any structure, temporary or otherwise, that would destroy the scenic value of natural waterways or result to the disruption of water flows shall be prohibited; and 1) Dumping of tailings and sediments from mining and quarrying operations, as well as farm water carrying pesticide residues, is hereby banned and therefore prohibited ARTICLE VII FORESTS Section 61. Scope of Powers. - In addition to the powers, duties and functions of the Mayor to adopt adequate measures to safeguard and conserve land, mineral, marine, forest and other resources, as provided under RA 7160, Section 455, and the powers of the Sangguniang Panlingsod to protect the environment andPage30/Ord. No. 396 impose appropriate penalties for acts which endanger the environment such as illegal logging and smuggling of logs, smuggling of natural resources products and endangered species of flora and fauna, slash and burn farming, pursuant io Section 458 (1){vi), RA 7160, the various barangay government units of Puerto Princesa shall provide forest resources management services and facilities, pursuant to Sections 3(¢), 3(i), 16 and 17(a), RA 7160, as follows: 61.1 Implementation of the following community-based forestry projects: 8) Integrated social forestry programs and similar projects pursuant to Section 17(bX4), RA 7160, except those located in protected areas and critical watersheds, pursuant 10 Section 3 (ai), DAO 30, Series of 1992; b) Establishment of new regular reforestation projects, except those areas located in protected areas and critical watersheds, pursuant to Section 3.1(a\ii), DAO 30, Series of 1992; ©) Completed family and community-based contract reforestation projects, subject to policies and procedures prescribed by the DENR, pursuant to Section 3.1(a)iti), DAO 30, Series of 1992; ) Forest Land Management Agreements, in accordance with DAO 71, series of 1990, and other guidelines that the DENR may adopt, pursuant to Section 3.1(a)(iv), DAO 30, Series of 1992; ©) Community Forestry Projects, subject to concurrence of financing institution(s), if foreign assisted, pursuant to Section 3.1(a)(v), DAO 30, Series of 19925, ) Management and control of communal forests with an area not _ exceeding fifty (50) square kilometers, pursuant to Section 17 (bX2Xii), RA 7160; provided, that the concemed local government unit shall endeavor to convert said areas into community based forestry projects, pursuant to Section 3.1(b), DAO 30, series of 1992; City Secretary 2) Management, protection, rehabilitation, and maintenance of small watershed areas which are sources of local water supply as identified or to be identified by the DENR, pursuant to Section 3.1(c), DAO 30, series of 1992; h) Establishment, protection and maintenance of tree parks, greenbelts, pursuant to Section 17(b)2\ii), RA 7160, and other tourist attractions in areas identified and delineated by the DENR, except those within protected areas, and the collection of fees for their services and the use of facilities established therein, pursuant to Section 3.2(a), DAO 30, series of 1992; i) Regulation of flora outside NIPAS areas, including industries and businesses engaged in their propagation and development, such as orchidaria and nurseries, except export and import; provided, that such businesses and industries are registered with the DENR for monitoring purposes, pursuant to Section 3.2 (b), DAO 30, series of 1992; i) Implementation of the Rehabilitation in Conservation Hotspots (RICH) and Conservation of Rare and Endangered Species (CARE) activities in areas identified and delineated by the DENR, pursuant to Section 3.2(c), DAO 30, series of 1992; and Kk) Implementation of soil resource utilization and conservation projects, pursuant to Section 17(2\(i), RA 7160; 61.2. Conservation of mangroves, pursuant to Section 17(2Xi), RA 7160; 613 All the services and 17(b(4), RA 7160; ities provided by the City Government pursuant to Section 61.4 For the Punong Barangay, enforce laws and regulations relating to pollution control and protection of the environment pursuant to Section 389(b)(9), RA 7160.Page31/Ord. No. 396 Section 62. Governing Laws. ~ The pertinent forestry provisions of this Code shall be governed by. but not limited to, the following national laws: a) RA 7160 (Local Government Code of 1991) b)_ Presidential Decree No. 705, as amended (Revised Forestry Code of the Philippines) c) Presidential Executive Order No. 263 (Community Based Forest Management Strategy) 4) LOI 1260 (Integrated Social Forestry Program) €) Republic Act 7586 (National Integrated Protected Areas System Act of 1992) f) DENR Administrative Order No. 30, series of 1992 entitled “Guidelines for the Transfer and Implementation of DENR Functions Devolved to the Local Government Units” 8) DENR Administrative Order No. 78, series of 1987 entitled “Interim Guidelines on the Cutting/Gathering of Narra and Other Premium Hardwood Species” h) DENR Administrative Order No. 46, seties of 1992 entitled “Amending item (1) of DENR ‘Administrative Order No. 78, series of 1987 entitled “Interim Guidelines on the Cutting/Gathering of Narra and Other Premium Species’ by Excluding Acecia or Raintree (Samanea saman).” i) DENR Administrative Order No. 32, series of 1997 entitled "1997 Rules for the Administrative Adjudication of Illegal Forest Products and the Machinery Equipment, Tools and Conveyances used in Connection Therowith” J) DENR Administrative Order No. 30, series of 2004 entitled “Revised Rules and Regulations Governing the Socialized Forest Management Program” k). DENR Administrative Order No. 16, serics of 2004 entitled “Prescribing the Revised Schedule of Forestry Administrative Fees.” 1) DENR Administrative Order No. 24, series of 2004 entitled “Revised Rules and Regulations Governing the Administration and Management of Foreshore Lands.” m) DENR Administrative Order No, 2004-59 entitled “Rules and Regulations Governing the Special Uses of Forestlands.” 8) DENR Administrative Order No. 2004-28 entitled “Rules and Regulations Governing the Use of Forestlands for Tourism Purposes.” EO 247, series of 1995 entitled “Prescribing guidelines and establishing a regulatory framework for the prospecting of biological and generic resources, their by-products and derivatives for scientific and commercial purposes, and for other purposes” DENR Administrative Order No. 45, series of 1992 entitled “Declaring a moratorium on all ‘ommereial Logging in the Province of Palawan.” . Operative Principles. - Forests and trees are the lungs of Life. They store rainwater and regulate its flow downstream. Being tropical, itis a treasure trove of diverse manifestations and forms of Life. In ten hectares of land our tropical forests, there are more species of trees than one can find in the entire continent of North America, Canada and Alaska included. And that does not include the other life-forms in the family of avis (birds), butterflies, grasses, flowers, etc. As such, its value is infinitely much more than the wood, lumber, and wildlife trade that it becomes when sold in the conventional economic market. Not only does it regulate water flow, our Forests are the essential link in the chain of Life. It: Gives us the needed oxygen that we breathe Regulates our climatic conditions Prevents flooding ‘Sequesters carbon dioxide Provides a storehouse of medicinal plants Provides us retreat and re-creation Restores our connection with the primal elements of Life and the sense of childlike wonder Heals our spirit eae eeee Because of its importance, all efforts and all economic activity must be geared toward the care, protection, and restoration of these forests. Through these forests and its myriad life forms, we also seek to restore the connection between Nature and humankind. The use of wood and forest products must be in a manner that is sustainable, artistic, educational, and truly reflective of our understanding and appreciation of its value that is beyond economic estimation.Page32/Ord. No. 396 In consideration of the multiple economic, ecological, aesthetic, scientific and educational uses of the forest, and in recognition of the increasing demand for timber, water, recreation forests, and conservation of biological diversity which is presently not being met from forestry operations in the city, itis hereby declared the policy of the city government that the Mayor shall fully exercise his powers and provide leadership over constituents of the city to ensure the perpetual existence of adequate forests and forest resources for the use and enjoyment of our people through local government-driven, inter-agency, and multi-sectoral forest resources management, Forest management initiatives shail be consistent with the following principles: 8) The timber needs of the people of the City of Puerto Princesa shall be met within the city as far as practicable, Specifically, there shall be a timber resource within the City of Puerto Princesa that is capable of supporting indefinitely a stable wood industry in the cit ) The water needs of the people of the City of Puerto Princesa shall not be jeopardized. As such, here is hereby established a watershed management system that is capable of supporting indefinitely the domestic, agricultural, industrial and recreational water requirements for the growth and development of the city; ©) Natural forests, wildlife, and landscapes shall be managed for scientific research and education, recreation, and ecological tourism as major catalysts for the conservation of biological diversity and preservation of the unique natural and cultural heritage of the Puerto Princesans; and 4) There shall be maintained an adequate mangrove forest resource that is capable of maintaining the < productive capacity of municipal coastal fisheries. In carrying out the provisions of this Code, the Mayor shall enhance the capacity of barangay governments to provide forest management guidance and support to the various priority forest management initiatives of peoples” organizations, non-government organizations, government agencies, and individuals and jouscholds; provided, that the Mayor shall implement the forestry provisions of this Code in close \laboration with concemed national government agencies and instrumentalities, particularly the Department ol\Environment and Natural Resources, the Palawan Council for Sustainable Development, and the private sector, including the NGOs and POs. in 64. Forest Management Framework. - Within nine (9) months upon effectivity of this Code, r shall adopt a city strategic forest resources management framework to serve as guide in preparing wees management plans, The city framework shall, in the minimum, outline how the City Government may promote investments, create jobs, and generate local government revenues through production, protection, and recreational forestry programs or projects. Section 65. Development of Production Forests. - In order to provide adequate raw matcrial stocks to meet increasing houschold, infrastructural, agricultural, and industrial demand for timber, fuelwood, and minor forest products of commercial value, it is hereby established as a regular program of the City Government and, as such, integrated into the regular budgeting process; funds shall be intended for the provision of assistance to the promotion of commercial tree farming, harvesting, and artisanal and industrial wood-processing enterprises through the provision of conducive policy, technical assistance, information flows, capability building, law enforcement, loan assistance, and tenurial security services; provided, that tree farming, harvesting, wood processing, and marketing activities are conducted in accordance with pertinent forest laws and regulations; provided, further, that the city government may invest and operate its own tree ‘enterprise and related facilities for commercial purposes and for developing suitable working models; provided, finally, that issuances of tenurial instruments and usuftuct permits shall remain under the Jurisdiction of the DENR in accordance with law. Section 66, Operationalization of Devolved Production Forestry-Related Forest Management Functions. - The Mayor shall cause the establishment and operation of communal forests, upon proper coordination with the DENR: assist in the management of community-based forestry projects and establishment of new forestation projects as provided under Section 17(b\2)(i), RA 7160, including thePage33/Ord. No. 396 ‘establishment of small watershed areas pursuant to DENR Administrative Order (DAO) No. 30, series of 1992, City Ordinance No. 81-94 (An Ordinance Providing for the Establishment of a Communal Forest in the City of Puerto Princesa and Providing Funds Thereof.) is hereby affirmed and supported i) CO No. 81-94, Section 4. Location - Barangay Napsan, this City with a total area of 1,197 hectares; il) CO No, 81-94, Section 6. Communal Forest Management Board is composed of the following: - City Mayor - Chairman, Committee on Natural Resources and Environmental Protection of the City Council + ENRO of the City of Puerto Princesa = CENRO - Accredited NGO representative (by the City Government) - PNP Station Commander - Barangay Captain Section 67. Limited Production Forests in Protected Areas. - The Mayor shall actively support the development of limited production forests and issuances of applicable tenurial instruments in specified zones within protected areas as provided in RA 7586 (NIPAS Act). Likewise, Executive Order No. 03, Series of 1993, by the City Mayor, entitled, “Creating the St. Paul ‘National Park Management Board, Providing for its Membership, Powers and Functions” is hereby adopted and made part of this Code. The Protected Area Management Board (PAMB) is composed of the following: (Chairman = City Mayor Co-Chairman - Regional Executive Director of ENR Members = CENRO-DENR of the City of Puerto Princesa \ - Representative to be appointed by the DENR Secretary - Representative from PCSDS = Two 2) representatives from Environmental NGOs - One (1) representative from the People’s Organization - Representative from Kayasan CADC - Representative from Cabayugan CADC = Representative from Marufinas CADC = Punong Barangay of New Panggangan = Punong Barangay of Cabayugan. + Punong Barangay of Tagabinet > Punong Barangay of Marufinas + City Planning and Development Coordinator = City Legal Officer = SPChairman of the Committee on Environment and Natural Resources + City Environment and Natural Resources Officer ‘The Board shall have the following powers and duties: 1. Provide policy directions and oversight in the management of the Puerto Princesa Subterranean River National Park; 2. Draw up, adopt and implement management plans for the protection and maintenance of Puerto Princesa Subterrancan River National Park consistent with the existing laws, agreements and valid commitments of the Republic of the Philippines and/or DENR:, 3. Draw up, adopt and implement the park’s tourism and developmental activities; 4, Enter into any agreements with any party, subject to existing laws, including but not limited to, the management and financial assistance and monies for the park. For this purpose, moniesPage34/Ord. No. 396 received by the Management Board shall be held in trust by the City Government of Puerto Princesa; 5. Draw up, adopt and implement a plantifia of employees, as well as appoint and dismiss employees of the park. For this purpose it shall reorganize the existing structure and operating systems to make it responsive to its plans; and 6. Introduce improvements within the park. Improvements funded by the City Government of Puerto, Princesa shall remain City assets. Further, the Project Development and Evaluation Committee created by the PAMB is likewise adopted. It is composed of the following: Chairman, DENR’s Protected Area Supervisor; members: a) Park's, Protected Area Supervisor; b) Representative from PCSDS; c) Representative from the Office of the City Planning and Development Coordinator; and d) Representative from an Environmental NGO. Section 68. Integrated Social Forestry. - Upon effectivity of this Code and in order to expedite the delivery of services to qualified beneficiaries, the Mayor shall direct the City Environment and Natural Resources Officer to implement the integrated social forestry projects, particularly the establishment of on- farm production forests and mangrove plantations through a system of Memoranda of Agreements; provided, that such agreements shall stipulate continuing collaboration towards developing the capacity of barangay councils to eventually administer these projects; provided, further, that issuances of applicable tenurial instruments shall remain under the jurisdiction of the DENR in accordance with law. Section 69. Timber Utilization and Wood Processing Plants. - The cutting, harvesting, and transport of timber, lumber, and minor forest products, including the processing and sale thereof, in all classes of lands, shall be actively regulated in order to create new and legitimate forms of livelihood, create new jobs, and generate additional local government revenues as major catalysts for reforestation of idle and unproductive lands, reduction of soil erosion, and improvement of the overall quality of the environment, subject to DENR. laws and regulations on the conservation of endangered premium species pursuant to DAO 78, series of 1987; > provided, that the Mayor shall establish in coordination with the DENR a streamlined system for the issuance of Keenses, leases or permits; provided, further that licenses, leases and/or permits to be issued by the DENR shall be subject to prior area clearance by the concemed Barangay at the source of the forest product; ofided, further, that a Mayor's area clearance shall be required in the case of transport or movement of products outside the City of Puerto Princesa in order to ensure proper compliance to pertinent existing Jocal ordinances or those that may hereafter be promulgated; provided, finally, that the utilization of timber and minor forest products situated within protected areas and critical watersheds shall be subject to the provisions of RA 7586 and its implementing laws, rules and regulations. In as much as the City Government had confiscated lot of illegally gathered/transported forest products, the Mayor shall direct the City Environment and Natural Resources Officer to conduct an inventory of said items and implement DENR Administrative Order No. 50, series of 1992, entitled “Guidelines on the Disposition of Confiscated Logs, Lumber and Other Forest Produets for Public Infrastructure Project DENR Memorandum Circular No. 12, series of 1992, entitled “Authority 10 Approve Donations Of Confiseated Logs.” Section 70. Timber Inventory in Alienable and Disposable Lands. - Within one (1) year upon effectivity of this Code, the Mayor shall complete the conduct of a one hundred percent (100%) inventory and registration of planted and naturally growing timber in alienable and disposable (A and D) lands, including, those found within protected areas as defined in RA 7586 in order to rationalize issuances of Mayor's clearances, business permits, collection of fees and charges, and associated barangay support services for the utilization of timber and minor forest products in A & D lands and in order to protect timber on government- ‘owned lands from unauthorized harvests; provided, that the imposition of fees and charges is authorized under appropriate city ordinance(s). ‘Upon completion of the aforestated one hundred (100) percent inventory or after one (1) year from effectivity of this Code, whichever comes first, the Mayor may, subject to an ordinance enacted for the purpose, impose appropriate penalties, fees and/or charges for such clearances, business permits, andor city