AN ORDINANCE ENACTING ON ECOLOGICAL SOLID WASTE MANAGEMENT OF BARANGAY DEL MONTE,

ISLAND GARDEN CITY OF SAMAL,

DAVAO DEL NORTE.”

Sponsored by: Kgd. Jesse L. Olivares

Co-Sponsored by: Kgd. Ricardo D. Flores

WHEREAS, the Barangay Del Monte is committed to the protection, preservation and conservation of the
ecosystem;

WHEREAS, it is the responsibility of the barangay to effectively and efficiently implement the Solid Waste
Management System under Republic Act No. 9003 in its territorial jurisdictions;

WHEREAS, Section 16 of the Local Government Code (RA 7160) also provides:

“SEC. 16. General Welfare. – Every local government unit shall exercise the powers expressly granted,
those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its
efficient and effective governance, and those which are essential to the promotion of the general
welfare. Within their respective territorial jurisdictions, local government units shall ensure and support,
among other things . . . promote health and safety, enhance the right of the people to a balanced
ecology, maintain peace and order, and preserve the comfort and convenience of their inhabitants.”
[underscoring supplied.]

WHEREAS, the unsystematic waste disposal by households and commercial/industry establishments

cause unsightly surroundings and spread of communicable diseases;

WHEREAS, the practice of waste segregation to facilitate reuse and recycling does not only reduce the
cost of collection and disposal of garbage but conserves the natural resources of materials and avoid
wasteful consumption of goods;

NOW THEREFORE, on motion of Kgd. Jesse L. Olivares duly seconded by Kgd. Ricardo D. Flores,

BE IT ORDAINED BY THE SANGGUNIANG BARANGAY OF DEL MONTE, ISLAND GARDEN CITY OF SAMAL
ON ITS REGULAR SESSION ASSEMBLED:

ARTICLE I – Title

Section 1. Title. This Ordinance shall be known as “An Ordinance on the Ecological Solid Waste
Management of Barangay Del Monte, Island Garden City of Samal, Davao del Norte”
ARTICLE II – Coverage

Section 2. Coverage. This Ordinance shall apply to all residential houses; commercial establishments such
as restaurants, eateries, department stores, groceries, sari-sari stores, auto-repair shops; institutions like
hospitals, schools, churches, public and private offices; industrial establishments of any kind; and
agricultural areas situated within the territorial jurisdictions of Barangay Del Monte, Island Garden City
of Samal, Davao del Norte”

ARTICLE III – Legal Basis, Purpose, Goal and Objectives

Section 3. Legal Basis. This Ordinance is enacted to implement the provisions of Republic Act No. 9003
which mandates the proper segregation and collection of household wastes.

SECTION 4. Purpose. This Ordinance is enacted for the following purposes:

4.1 To guide, control and regulate the generation of solid wastes within the Barangay and promote an
orderly and sanitary system for the same;

4.2 To enhance the total environment of the locality through the necessary control and mitigation of
negative environmental impacts of solid waste;

4.3 To promote and protect the health, safety, peace and convenience of the general welfare of the
inhabitants of the Barangay;

4.4 To minimize the generation of solid waste and maximize possible resource/recovery/recycling and
utilization by:

` a. Maximizing the use of goods and consumption of foods;

b. Encouraging the salvaging of possible “recoverables” from solid wastes for re-use snd/or recycling
back to production process; and

c. Encouraging the recycling and resource recovery of wastes in own backyards through composting.

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:

6.1 To ensure round-the-clock cleanliness through the orderly management of waste;

6.2 To eradicate unsightly, uncovered and overflowing waste containers in streets, public places and
open spaces;

6.3 To maximize and optimize sanitary resource recovery for feeds, materials and others; and

6.4 To minimize pollution arising from harmful gases, smoke particulates produced by needless
burning/dumping, polluted runoffs into water sources/supply, and hazardous substances.

ARTICLE IV – Definition of Terms

Section 7. Definition of Terms. As used in this Ordinance, the following term has its meaning as follows:

7.1 Biodegradable – any material that can be reduced into finer particles (degraded or decomposed) by
microbiological organisms or enzymes (synonymous with compostable).

7.2 Biodegradable Wastes – fruit & vegetable peelings, spoiled food & leftovers, vegetable trimmings,
fish scales, egg shells, seafood shells, animal entrails & carcasses, corn cobs & sheaths, rice hulls, peanut
shells, wet newspapers & cardboards, wet papers & cartons, coconut shells & husks, seeds, garden &
grass clippings, pet/poultry/livestock manure, chipped branches and sawdust;

7.3 Compost – decayed organic material for use as soil conditioner or fertilizer.

7.4 Composting – biological degradation under controlled conditions; the process of making
biodegradables such as food waste, garden waste, animal waste and human waste into compost by
mixing them with soil, water, biological additives/activators (optional) and air.

7.5 Domestic Waste – refuse from households, as distinguished from industrial waste, hospital waste,
etc. which may be classified as biodegradable (compostable) or non-biodegradable (non-compostable).

7.6 Recyclable Wastes – dry papers & newspapers, dry cardboards & cartons, plastic materials like plastic
containers, plastic water bottles, plastic bottle caps, PVC & PE pipes, computer casing, tin cans & covers,
aluminum cans, iron steel, copper wires, broken transparent glasses, glass bottles, toner cartridges,
computer ink cartridges.

7.7 Residual Wastes – sando bags, packing wrappers, styropors/styrofoams, cigarette butts, worn out
plastic sacks, dirt from sweepings, worn out rags, sanitary napkins, disposable diapers, plastic straws,
parlor & barbershop waste, household medicine bottles, broken ceramics, colored broken glasses, coco
fiber from cushions, poultry feathers.

7.8 Special Wastes – paint & thinner containers, spray canisters, household batteries, pharmaceutical
waste, spoiled, spilled, expired cosmetic waste, lead-acid batteries, used oil filters, broken tiles.

7.9 Bulky Wastes – used rubber tires; garden debris; destroyed TV sets, radios, stereos, washing
machines, dryers, stoves, refrigerators, & dishwashers; broken furniture, filing cabinets, book cases, beds
& cushions.

ARTICLE V – Segregation of Wastes

SECTION 8. Mandatory Segregation of Solid Wastes. The segregation of wastes shall primarily be
conducted at the source, to include household, institutional, industrial, commercial and agricultural
sources: Provided that wastes shall be segregated into the categories provided in Section 2 of this Article.

SECTION 9. Requirements for the Segregation and Storage of Solid Waste Pending Collection. The
following shall be the minimum standards and requirements for segregation and storage of solid waste
pending collection:

9.1 There shall be a suitable container such as a plastic bag or the like for the ecological solid waste
before these are brought out along the streets or being brought out at the assigned dumping areas.

9.2 There shall be a separate container for each type of waste from all sources: Provided, That in the
case of bulky waste, it will suffice that the same be collected and placed in a separate and designated
area; and

9.3 The solid waste container depending on its use shall be properly marked or identified for on-site
collection as follows:

a. Biodegradables/Compostables or “Nabubulok”;

b. Recyclables or “Di-nabubulok na maaari pang pakinabangan”; and

c. Residuals & Special Wastes or “Di-nabubulok na ‘di na mapapakinabangan.”

ARTICLE VI – Collection and Disposal

Section 10. Collection/Drop-off Points. All purok organization must have a designated strategic
collection/drop-off points to facilitate the hauling of segregated solid waste materials of the barangay.

10.1. Only segregated solid waste materials must be brought to the collection points at the time and
date of collection; and

10.2. A personnel must be assigned in every collection points to ensure that the delivered solid wastes
by the household are properly segregated.

Section 11. Sanitary Crews/Sanitary Aides. The barangay must assign at a sanitary crews/sanitary aides to
check the delivered solid waste materials and handle the transfer of segregated solid waste materials
from the Barangay MRF or from the collection points to the garbage truck during collection.

Section 12. Collection of Segregated Waste Materials at the Barangay. The City Garbage Compactor
through the City Ecological Solid Waste Management Task Force shall be the responsible agent in the
collection of segregated solid waste materials at the Purok MRF or at its collection points because the
barangay has no capacity of transporting their segregated solid waste materials.

Section 13. Schedule of Segregated Solid Waste Materials Collection at the Barangay. The schedule of
collection for the accumulated segregated solid waste materials at the barangay will be determined in
coordination with the barangay concern and be properly disseminated by the CENRO.
SECTION 14. Residential Areas. The garbage shall be collected through the present system of collection
within the barangay. Independent collection systems of the composite barangays shall be followed.

SECTION 15. Schools, Churches, and Business Establishments. All garbage in these locations shall also be
collected in the same manner as in Section 10.

SECTION 16. Agricultural Areas. Agricultural areas shall convert organic wastes into compost in their
respective areas.

SECTION 17. Industrial Areas. All factories and plants shall separate their garbage into toxic and non-
toxic. It is mandatory that all factories contact the industrial waste exchange (IWE) to exchange their
wastes with others who may be able to use them. Existing industrial areas already having their proper
way of collection and disposal shall continue practicing the same.

SECTION 18. Time of Dumping. Time of dumping of ecological solid wastes for collection at the collection
point/sites shall be from five o’clock to six o’clock in the morning (5-6 am) on the day of collection of the
garbage scheduled to be collected only.

ARTICLE VII – Prohibited Acts

SECTION 19. Prohibited Acts. The following acts are prohibited and its corresponding Fines and Penalties:

19.1 Bringing out and dumping of garbage outside of collection day and proper time of dumping for
collection, indiscriminately dumping garbage, littering, throwing, dumping of solid waste matters in
public places, such as roads, sidewalks, canals, drainage systems, curbs and gutters, esteros or parks,
creeks, rivers, tributaries, rivulets and other natural waterways, and establishment, or causing or
permitting the same;

19.2 The open and indiscriminate burning of residual and special wastes;

19.3 Causing or permitting the collection of non-segregated or unsorted waste/non-segregation of

wastes into biodegradable, recyclable, and residual/special; and

19.4 Unauthorized removal of recyclable materials intended for collection by authorized persons.

ARTICLE VIII – Penal Provisions

SECTION 20. Fines and Penalties. The following fines and penalties shall be imposed to any person who
violates specific provisions of this ordinance. He/she shall be issued with a CITATION TICKET or NOTICE
OF VIOLATION by an enforcer duly assigned/designated by the Punong Barangay.

20.1 For paragraphs (19.1) to (19.4):

First Offense – Warning

Second Offense – Php100.00

Third Offense – Php300.00

Subsequent – Php500.00

20.2 Households and establishments that do not provide receptacles/containers for their refuse/solid
waste;

First Offense – Warning

Second Offense – Php100.00

Third Offense – Php150.00

Subsequent – Php250.00

20.3 Not keeping the surrounding areas and immediate premises clean by establishments, institutions,
households and other concerned occupants. Streets shall be kept clean by occupants or owners of
properties lining the street from the line of the property to the middle of the street and from one
property to the other.

First Offense – Warning

Second Offense – Php150.00

Third Offense – Php300.00

Subsequent – Php500.00

20.4 If the offense is committed by a corporation, partnership, or other juridical entity duly organized in
accordance with law, the chief executive officer, president, general manager, managing partner or such
other officer-in-charge shall be liable for the commission of the offense penalized under this Ordinance.

20.5 Violators shall not be given barangay clearances and certifications until he/she has paid and/or
served his/her fines/penalties. Their names also shall be posted at conspicuous places in the barangay.

20.6 Violations shall be accounted per household and the head of the family shall be responsible in the
implementation of the Ordinance in their respective household. In effect, any violation committed by the
household shall be carried by all members of the said household except household helps, transient
visitors, and other temporary or visiting individuals.

SECTION 21. Utilization of Collected Fines. Thirty percent (30%) of the collected fines shall accrue to the
General Fund for appropriations for the next fiscal year and the remaining Seventy percent (70%), which
shall be called as Brgy. Ecological Solid Waste Management (ESWM) Fund, shall be used for the following
within the fiscal year of which the fines were collected:

21.1 Honoraria for the Del Monte Barangay Green Brigade of Eco-aides;

21.2 Procurement of Materials, Equipment, Protective Gears and other items necessary for the proper
implementation of the Ecological Solid Waste Management of the Barangay Del Monte;

21.3 Information, education, communication and monitoring activities of the Ecological Solid Waste
Management of Barangay Del Monte;

21.4 Acquisition of products, facilities, technologies and processes necessary to enhance proper
ecological solid waste management;

21.5 Transportation/Hauling of ecological solid wastes;

21.6 Awards and incentives;

21.7 Research programs;

21.8 Technical assistance;

21.9 Capability-building activities; and

21.10 Maintenance and other related activities, programs, etc. for the Materials Recovery Facility of
Cluster.

ARTICLE IX – Miscellaneous Provisions

SECTION 22. Citizen Suits. For purposes of enforcing the provisions of this Ordinance, any citizen may file
an appropriate civil or criminal action in the barangay against any person who violates or fails to comply
with the provisions of this Ordinance. The Barangay concerned shall exempt such action from payment
of filing fees.

SECTION 23. Separability Clause. If any provision of this Ordinance or the application of such provision to
any person or circumstances is declared unconstitutional, the remainder of this Ordinance or the
application of such provision to other persons or circumstances shall not be affected by such declaration.

SECTION 24. Repealing Clause. All existing ordinances and resolutions of this barangay found to be
inconsistent herewith are hereby repealed or modified accordingly.
SECTION 25. Effectivity. This Ordinance shall take effect in accordance with the provisions of the Local
Government Code of 1991.

ENACTED AND APPROVED by the Sangguniang Barangay of Del Monte, Island Garden City of Samal this
May 2, 2011.

CARRIED AND APPROVED.