EXPLANATORY NOTE

Section 457 (5) (xiii) of the Local Government Code provides that one of the duties and functions of the City Council is the enactment of ordinances providing for an efficient and effective system of solid waste management and garbage collection and disposal; prohibition of littering and the placing or throwing of garbage, refuse and other filth and wastes. In order to make the current ordinances more responsive to the needs of the times there is a necessity to supplement the existing ordinances.

AN ORDINANCE REQUIRING SUBDIVISIONS TO PROVIDE SPACE FOR COMPOSTING FACILITIES FOR THE DISPOSAL OR RECYCLE OF BIODEGRADEABLE WASTE GENERATED BY THE HOMEOWNERS.

Section 1.         Title:     This Ordinance shall be known as “SUBDIVISION COMPOSTING FACILITIES ORDINANCE”.

Section 2.         Purposes - The purposes of this Title are:

a)         to set guidelines for waste management for subdivisions with a view to ensuring its effectiveness;

b)         to encourage, promote and stimulate social efforts to prevent environmental damage and unnecessary loss of valuable resources of the nation through recycling and re-use of wastes and waste products; and

c)         to provide measures to guide and encourage appropriate subdivision homeowners in establishing sound, efficient, comprehensive and effective waste management.

Section 3.         Guidelines:

Waste Management Programs. - Preparation and implementation of waste management program shall be required of all subdivision homeowners and/or equivalent associations.

Every waste management program shall include the following:

a)         an orderly system of operation consistent with the needs of the area concerned;

b)         a system for a safe and sanitary disposal of waste;

c)         schedules and methods of implementing the development, construction and operation of the plan; and

d)         a provision for the periodic revision of the program to ensure its effective implementation.

Section 4.         Duties and Responsibilities of Subdivision Homeowners and Officers.

a.) Each Homeowners Association shall provide measures to facilitate the collection, transportation, processing and disposal of waste within its jurisdiction in coordination with the government agencies concerned.

b.)    Each subdivision should have its own homeowner association with a set of officers to facilitate the efficient implementation of this ordinance.

c.)    Every association shall designate areas for the dumping of the trash of the residences along a street with no need of prior consultation with the residents of the affected areas. Provided, that the area used is not private. Provided further, that in the event that there is no available area the association may require every two (2) to four (4) adjacent and fronting houses to maintain trash cans or drums with the different labels on them for proper segregation of garbage as specified in (e) of this section.

d.)    There should be at the end of each street with at least a length of 100 meters or wherever convenient for the landowners living by the street a reserved area for the collection of garbage. Provided, that each area designation should have a composting facility or a garbage container with dimensions that can enable it to contain at least one (1) week of waste and waste products of the respective streets wherein it is located.

e.)    A portion of the facility or container should be designated for biodegradable waste and another for non-biodegradable waste. It is encouraged that steps should be taken to surround these areas with sweet smelling trees or shrubs so as to lessen the filthy smell that may result from the dumping of the wastes in the area.

f.)      Each association should provide a comprehensive orientation program with the assistance of the appropriate government agency to actualize the waste disposal segregation system.

f.) The officers of the homeowners association shall immediately report any violation of this ordinance to the proper authorities within 10 days from the occurrence of the violation.

Section 5.         Duties and Responsibilities of Household Residents and Visitors:

a.)    Each household shall segregate biodegradable waste from non-biodegradable waste and shall properly dispose of them by throwing them into the designated areas for biodegradable and non-biodegradable waste materials.

b.)  Persons along the streets and sidewalks in the subdivisions shall at all times make use of the garbage or trash cans when disposing of or throwing their garbage, trash pieces of paper, cigarette butts, wrappers, peelings or any kind of litter and the like.

c.)  In case of residence, including boarding houses, garbage and/or trash shall be brought out of the premises for pick-up or collection by the collection units of the subdivisions only during the period of 6:00 0’clock in the evening to 12:00 midnight.

Section 6.         Penalties:

a.) Any person or persons who refuse to comply with the duties and responsibilities under Section 4 (c), (d), (e) and (f) will automatically loose his position in the association and he shall suffer a fine of Five Hundred Pesos (P500.00). Provided, that non-officers will only suffer the fine.

b.) Any person or persons found violating the provisions of Section 5 (a) and (b) this ordinance shall suffer, upon conviction, the following penalties:

            i.)         For the First Offense – A fine of Two Hundred Pesos (P200.00) or imprisonment of five (5) days, or both such fine and imprisonment at the discretion of the Court.

ii.)        For the Second Offense – A fine of Four Hundred Pesos (P400.00) or imprisonment of seven (7) days, or both such fine and imprisonment at the discretion of the Court.

iii.)        For the Third and Succeeding Offenses. For each and every offense, a fine of Five Hundred Pesos (P500.00) or imprisonment of fifteen (15) days, or both such fine and imprisonment at the discretion of the Court.

c.)        Any person or persons who frustrates the implementation of the waste segregation method by destroying or stealing the trash cans or drums or by scattering already segregated trash shall suffer, upon conviction, a fine of Five Hundred Pesos (P500.00) or imprisonment of fifteen (15) days or both fine and imprisonment at the discretion of the Court.

Section 7.         Repealing Clause. Any ordinance or portion thereof inconsistent herewith is hereby repealed or modified accordingly.

Section 8.         This ordinance shall take effect thirty (30) days from the time a copy hereof is posted in the bulletin board at the entrance of the City Hall and at least two (2) other conspicuous places in the City.