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28 Barangay Ordinance No. 2011-24 “AN

Nov

ORDINANCE ENACTING ON
ECOLOGICAL SOLID WASTE
MANAGEMENT OF BARANGAY DEL
MONTE, ISLAND GARDEN CITY OF
SAMAL, DAVAO DEL NORTE.”
Barangay Ordinance No. 2011-24

“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
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ARTICLE I – Title
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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
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medicine bottles, broken ceramics, colored broken glasses, coco fiber from cushions, poultry feathers.
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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. Close and accept
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
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19.4 Unauthorized removal of recyclable materials intended for collection by authorized persons.
ARTICLE VIII – Penal Provisions
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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
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civil or criminal action in the barangay against any person who violates or fails to comply with the provisions of this
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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
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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.

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This entry was posted on November 28, 2011, in BARANGAY ORDINANCES, Uncategorized and tagged garbage disposal ordinance, solid waste
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