ORDINANCE NO. 8975-2003 AN ORDINANCE REQUIRING THE MANDATORY SEGREGATION OF WASTE AT SOURCE AND PROVIDING PENALTY FOR VIOLATION THEREOF AND FOR OTHER PURPOSES BE IT ORDAINED by the City Council (Sangguniang Panlungsod) Panlungsod) of the City of Cagayan de Oro in session assembled that: SECTION 1. - Title. This Ordinance shall be known as the “Waste Segregation Ordinance” of Cagayan de Oro City. SECTION 2. - Definition of Terms
1.
Segregation at Source – refers to the waste management practice of sorting, categorizing and separating the different waste at the point of origin or source of generation in order to promote recycling and re-use of resources to reduce the volume of accumulated waste prior to final disposal.
2.
Recyclable materials - refers to any waste materials retrieved from waste stream that can still be converted or utilized into other purposes.
3.
Re-use –refers to the process of recovering the waste materials intended for the same or different purpose without alteration of the physical characteristics of the recovered materials.
4.
Recycling – shall refer to the process of treating used or waste materials making them suitable for beneficial use and for other purposes and includes any process by which waste materials are transformed into new products.
5.
Material Recovery Facility Station - refers to the designated and or established building or structure designed drop-off center designed to receive, temporarily store, sort, separate and recover waste before the transfer, transport and final disposal of remaining non-reusable waste into the identified sanitary landfill site.
6.
Receptacles – refers to the properly marked individual waste containers used for separation or segregation of recyclable materials.
7.
Market Vendors – refers to the permanent and /or ambulant vendors mainly engaged in the business activities at the City Public Markets Mar kets and within its vicinity.
8.
Resource Recovery – shall refer to the collection, extraction and recovery of and re-usable materials from the waste stream for the purpose of recycling, generating energy or producing a product suitable for other beneficial use.
9.
Compostable- refers to biodegradable or compostable materials free from contamination of pathogens, and hazardous substances and considered safe for agricultural use.
10.
Composting - refers to the controlled decomposition of organic matter by micro-organisms, mainly bacteria and fungi, into a humus-like product
11.
Hazardous Waste –refers to substances which because of its quantity, concentration or physical, chemical or infectious characteristics may:
a.
Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or;
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b.
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed;
12.
Residual Waste – refers to waste that present no other use or purpose, and cannot not be classified as compostable, recyclable, nor reusable.
13.
Storage- shall refer to the interim containment of solid waste after after generation for purposes of segregation and resource recovery prior to disposal. SECTION 3. - Mandatory Segregation and Waste Classification
a.
That segregation of waste shall be primarily conducted at the source or point of origin, to include household, institutional, industrial, commercial/business establishments and agricultural sources.
b.
The segregation of waste shall be primarily conducted and managed at the barangay level specifically for the the compostable, recyclable, and reusable waste. Likewise, the barangay shall promote or encourage the involvement of Non- Government Organizations, People’s Organizations, and similar in activities pertaining to the solid waste management such as segregation, collection, disposal, and others.
c.
That the respective Barangay Council shall initiate in the conduct of resource recovery for the compostable, recyclable and re-usable waste.
d.
There shall be a properly identified and marked wastes container or receptacles for on-site COMPOSTABLE” collection for each type of waste depending on its classification as to “ COMPOSTABLE” RECYCLABLE” and any other waste as may be determined by “RESIDUAL/HAZARDOUS” “RECYCLABLE” the City Solid Waste Management Board.
e.
That waste containers or receptacles shall be properly marked and identified with description and correspondingly coded with colors according to the classification of the segregated waste: COLOR CODE GREEN
CLASSIFICATION COMPOSTABLE
RED
RESIDUAL / HAZARDOUS
YELLOW
RECYCLABLE / REUSABLE
MATERIALS “SOBRA NGA PAGKA -ON” “DAHON UG SANGGA SA KAHOY” “LISO UG PANIT SA PRUTAS, UTAN0N” “BAGUL OR BUNOT SA LUBI” UG TANAN MALATA NGA BASURA “GUBA NGA FLOURESCENT UG BOMBELYA” “GUBA NGA SINILAS UG SAPATOS” “BATTERYA” “GOMA” “STYROFOAM” “SUDLANAN SA MGA KEMIKALS” UG UBAN NGA WALA NAY KAPUSLANAN UG MAKADAOT SA KINAIYAHAN “PAPEL UG CARTONS” “PUTHAW” “PLASTIC NGA SUDLANAN” “LATA” “BILDO”
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UG UBAN PA NGA ADUNA PA UG KAPUSLANAN
f.
That the properly marked waste container or receptacles shall be of such design as readily to permit handling. They shall also be made suitable and appropriate for containing waste with safety and without leakage or spilling to be sanitary.
SECTION 4. - Establishment of the Material Recovery Facility Station in a Barangay or Cluster of Barangays.
a.
That there shall be a Material Recovery Facility Station in a Barangay or Cluster of Barangays. The MRFS shall be established in a suitable site based on considerations such as the volume of waste generation, availability of site for the MRFS and accessibility of garbage collection and transport provision which shall be determined by the Barangay and/ or cluster of barangays.
b.
The MRFS shall receive the segregated waste according to prescribed waste classification for the final sorting. The resulting residual non-recyclable and non-reusable waste shall be transported to the designated Sanitary Landfill/Dumpsite for the final disposal.
c.
That it shall be the duty of the respective Barangay Council to supervise wastes segregation and resource recovery from the household, building, premises or place of business within their respective territory.
d.
That appropriate duration for the storage of waste in the Material Recovery Facility Station shall be determined by the respective Barangay Council in Coordination with the City Public Services Office. SECTION 5. - Requirements for the Collection and Transport of Wastes.
a.
That it shall be the duty of the City Public Services Office to collect and transport all nonrecyclable wastes, non-re-usable wastes, and non- compostable wastes at the respective Material Recovery Facility Station in every Barangay or cluster of Barangays at the day and time set by the City Public Services Office upon prior approval of the City Mayor and the same waste shall be transported for final disposal at the Sanitary Landfill/Disposal Site.
b.
That it shall be the duty of the respective Barangay Council or its representative to dispose/sell recyclable materials gathered at the designated Material Recovery Facility Stations and the net proceeds thereof shall be used to sustain environmental and sanitation programs and activities of the respective barangays.
c.
That the Barangay household collection schedule shall be properly coordinated with the collection schedule of the City Public Services Office to ensure the effective and efficient collection and disposal operation.
SECTION 6. - Required Required Number and Placement of the Properly Marked and Coded Receptacles or Containers.
a.
Waste
That it shall be the duty of the respective administrator owners/ manager/ proprietor/ leases/occupants of any business, commercial, industrial, utility, private or public establishments, conveyances, and residential houses to provide properly marked segregated garbage receptacles and/or containers at their respective proper, and in other similarly related strategic sites. The color-coding as provided in Section 3, paragraph e hereof shall be strictly
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b.
That the City Public Services Office depending upon the garbage output of the particular place shall determine the Number and Placement of the properly marked garbage receptacles. Provided further that the Barangay reserve the right to pre scribe appropriate sites in addition to the sites respectively identified for providing the properly marked and coded segregated garbage receptacles. SECTION 7. - Interference with Garbage and Garbage Collection.
a.
Littering, throwing, dumping of waste matters in public places such as roads, sidewalks, canals, esteros or parks, and establishment, or causing or per mitting the same is prohibited;
b.
It shall be unlawful for any person to remove / relocate / scatter / spill any wastes after it shall have been put in the properly properly marked and coded garbage receptacles, or in any manner interfere in the discharge of official duty of any official garbage garbage collector.
c.
The removal / relocation or taking away of any coded garbage containers or receptacles from duly designated locations other than that by persons authorized by the city/barangay shall be prohibited.
d.
Re-mixing of sourced–separated materials with other type of solidwaste in vehicle, containers, or receptacles is prohibited;
e.
Personal protective equipment shall be provided to and used by every personnel directly dealing with collection and disposal of waste to properly safeguard them from the hazards of handling waste.
f.
The dumping of garbage on any other place other than the Sanitary Landfill and other designated dumping area is prohibited.
g.
Resale or transport for the purpose of sale of any part, damaged portions, or in any form of discarded garbage bins or similar materials intended intended for such use shall be prohibited. prohibited. Only the implementing agencies or agencies authorized by the city, or respective barangays upon proper clearances shall be allowed to do such such final disposal of garbage bins. SECTION 8. - Environmental Labeling on Plastic as Packaging
All industries, private entities, business/commercial establishment and other institutions that use plastics as packaging shall provide to ncorporate environmental labeling on the front side of the plastic so as to be visible to read and a nd comply by the end user as:
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“Re-use/Recycle this Bag Properly” CITY SOLID WASTE MANAGEMENT BOARD SECTION 9. - Duties of Residents including Market Vendors
a.
All house owners and tenants of residential building and owners, managers, administrator, director, occupants and lessees of any commercial/business establishments including Market Vendors, industrial, private and government institutions shall be required to clean clea n the area in front of and around their vicinity and shall required to provide the waste receptacles for efficient waste segregation scheme.
b.
That it shall be unlawful for any person to cause for the disposal of garbage other than the allocated waste containers or receptacles at duly specified or designated designated area. SECTION 10. - Jurisdiction of City Public Agencies.
a.
That the City Economic Enterprise Department (CEED) shall be responsible for the supervision in the proper segregation and disposal of solid waste in the public markets and terminals including the city public cemeteries in coordination with the City Public Services Office.
b.
That the City Engineering Office in coordination with the respective Barangay Council shall be likewise generally responsible over the cleanliness and proper disposal of waste over public domains particularly rivers, streams, canals, esteros, storm drainage, or in any natural and man made waterways.
c.
That it shall be the duty of the City Veterinary Office to enforce the Ordinance on Astray Animals who have been the constant source of scattered waste materials in the streets/ highways and such enforcement shall be coordinated with the respective Barangay Council. SECTION 11. - Information Drive.
The CLENRO in coordination with the City Public Services Office, City Health Office, City Veterinary Office, City Information Office and all other City and Barangay, Government Agencies that may hereafter be tasked by the City Chief Executive are mandated to conduct extensive education, information campaign regarding this Ordinance and pertaining Laws, Rules and Regulations on Solid Waste Management. SECTION 12. - Penalty Clause.
a.
Any person who violated, disobeyed, refused, omitted or neglected to comply with the Section 7 (a) and Section 9 (b) of this Ordinance Ordinance shall, upon conviction, be punished with a fine of not less than three hundred Pesos (P300.00) but not exceeding one thousand thousand pesos (P1,000.00) or render community service of not less than one (1) day to not more than fifteen (15) days, or both depending upon the discretion of the Court.
b.
Any person who violated, refused, omitted or neglected to comply with the provisions of Section 6 (a); Section 7 (b), (c), (d), (g) and; Section 9 (a) of this Ordinance shall, upon conviction, be punished with a fine of not less than than one thousand pesos (P1,000.00) but not exceeding three thousand pesos (P3,000.00), or imprisonment imprisonment of not less than fifteen (15) days but not more than six (6) months or both depending upon the discretion of the Court.
c.
Administrative Sanctions. Local government officials and officials of local government agencies
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ordinance shall be charged administratively in accordance with RA7160 and other existing laws, rules and regulations. SECTION 13. - Repealing Clause. All other ordinances, local issuances, rules and regulation, or parts thereof inconsistent with the provisions of this ordinance are hereby repealed or modified accordingly. SECTION 14. - Effectivity. This Ordinance shall take effect after fifteen (15) days following its official publication in a local newspaper of general circulation UNANIMOUSLY APPROVED. UTHORS: A UTHORS LVIN R. C ALINGIN AND A LL LL MEMBERS - COUNCILOR A LVIN
In favor: - Councilor Michelle J. Tagarda - Councilor Noel S. Beja - Councilor Alvin R. Calingin - Councilor Annie Y. Daba - Councilor President D. Elipe - Councilor Juan Y. Sia - Councilor Alfonso C. Goking (indisposed ) - Councilor Jose Benjamin A. Benaldo - Councilor Ian Mark Q. Nacaya
Out of the Session Hall: - Councilor Reynaldo N. Advincula - Councilor Edgar S. Cabanlas - Councilor Caesar Ian E. Acenas - Councilor Benmarc P. Garcia Absent: - Councilor Maryanne C. Enteria
NOTE: Approved on first reading under Motion No. 11060-2003 on July 28, 2003 DONE in the City of Cagayan de Oro this 17 TH day of November 2003. I hereby certify to the correctness of the aforestated Ordinance.
ARTURO S. DE SAN MIGUEL MIGUEL CITY COUNCIL SECRETARY
Attested and certified as duly enacted:
JOHN L. ELIZAGA ELIZAGA CITY V ICE ICE-M AYOR PRESIDING OFFICER
Approved:
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VICENTE Y. EMANO CITY M AYOR
Attested:
NORBERTO A. COSADIO SECRETARY TO THE M AYOR
