Law 120 - NATURAL RESOURCES & ENVIRONMENTAL LAW

Atty. Alexylle Rose Concepcion

Group Members:

1. Diao, Irah Stefan

2. Elma, Anthony
3. Meraveles, Reyna Ria
4. Orbeta, Jason
5. Rockwell, Mary
6. Salima, Jamal
7. Sechico, Normita
8. Surban, Kristian Carl
9. Teves, Hannah Margarette
____________________________________________________________________________

Solid Waste Management

LGU-San Jose, Negros Oriental

At the outset, it bears to stress that Ordinance No. 02, approved on October 19, 2000, of the Local
Government Unit of San Jose, was later amended by Ordinance No. 1, series of 2007, to conform
to the provisions of R.A. 9003 or “The Ecological Solid Waste Management Act of 2000”, which
was passed into law a few months after the birth of the said Ordinance No. 02, s.2000.

In the amendatory clause of Ordinance No. 1, it put emphasis on certain provisions of Ordinance
No. 02 which are not affected by the amendatory provisions of the former. Thus, the same “shall
remain in force and effect.”

Ordinance No. 1 implemented the pertinent provisions of R.A. 9003, which requires all owners of
business establishments within San Jose to attend a Solid Waste Management (SWM) seminar
as a pre-requisite in the renewal or issuance of Business and Mayor’s Permit.

It likewise implemented the policy-provision of “No Segregation, No Stickers, No Collection” in its

Composting and Collection efforts and that segregation of solid waste at source is now being
made mandatory.

Under its Recycling Program, it mandates each Barangay within its respective jurisdiction to
“establish, operate and maintain a Materials Recovery Facility (MRF)” and that recovered
recyclables from barangay MRFs shall be sold exclusively to duly registered junkshop operators
and ambulant buyers in the Municipality of San Jose.

Said Ordinance No. 1 introduced the system for the collection of garbage fees, the payment of
which shall be collected during application/renewal of Business/Mayor’s Permit for Commercial
Establishments, Sari-sari Stores, Public Market Stall Owners, and junkshops and can only be
done at the Municipal Treasurer’s Office of San Jose. Corollary to this, the Schedule of Solid
Waste Management Fees prescribed in Section 16 of Ordinance No. 2 Series of 2000 is revised
for certain sources.

Further, it created an Enforcement Team composed of government law enforcement personnel

from the PNP and Deputized SWM enforcers from the Mayor’s office and from the Barangay
officials and Barangay Tanods, to enforce SWM ordinances of the municipality, whose powers
and functions include but not limited to the (1) apprehension of violators of SWM Ordinances and
issue citation tickets, and (2) Perform other related functions as may be required by the
enforcement section head of the Mayor’s Office from time to time.

Fines or penalties under the new ordinance are relatively higher than the previous SWM
ordinance. It shall be paid only at the Office of the Municipal Treasurer. Fines shall be paid or
community service shall be rendered, as the case may be, within 3 days from the issuance of the
citation ticket. For violators who fail or refuse to pay the fine, a registry or list of such violators
shall be given to the offices of the municipal government with which the public frequently
transacts, in addition to the filing of the appropriate case/s in court against them. Such violators
shall not be allowed to transact with the said municipal government offices until their respective
liabilities are extinguished.

By and large, the respective communities of San Jose, headed by its officials and employees,
strive to keep up with the purpose, goals, and objectives of its SWM ordinance. Nevertheless,
much is left to be done as there are large rooms for improvement, specifically in the stages of
implementation.

To date, garbage collection in every barangay is done every Thursday of the week using two
heavy trucks of the municipality. Strict implementation of waste segregation at source is observed
all throughout the town so that if the wastes are not properly segregated by the households or the
business establishments, the same will not be collected and hauled into the truck. However, only
two classification of solid wastes are practically being segregated by the residents- biodegradable
and non-biodegradable. They usually prepared two, separate plastic containers for their garbage.

The LGU of San Jose has put in place a sanitary landfill facility where all of the solid wastes of
the municipality are being disposed and/or deposited. It is situated in Barangay Naiba, which is
one of its hinterland communities. Proper segregation is likewise maintained and this facility is
exclusively intended for the constituency of San Jose. By far, it has not allowed any other city or
municipality to dump their garbage thereat.

Insofar as the establishment of MRF is concerned, there is a pending proposal for a certain
national government agency to donate recycling facilities, which the officials of San Jose,
particularly municipal Councilor Normita Sechico, wish to push through and adopt accordingly.

Doable measures are underway to further implement the provisions of R.A. 9003 in the
municipality of San Jose. Indeed, solid waste management is everybody's responsibility!
Yes te kanang pag segregate namo gi make sure lang na maka sabot ang mga tawo so ang
instruction lang na gipalakat kai kanang malata ug dili malata para kai if tagaan pa namo ug taas
na explaination daghan na sila ug interpretation ending di magka sinabtanay so dapat another
plastic for malata ang another plastic para sa dili malata, kai sa amo.a pung tambakan sa basura
sa Brgy Naiba gi lahi pd ang malata ug di malata

Dili igo among budget te kai gamay man kaau mi ug IRA then gamay lang ang income sa
municipality every year needed man muallocate ug budget sa mas importante like ambulance ug
firetruck and mga patrol cars, we are hoping gani na maybe maka donate ang national agencies
sa mga smaller municapalities

Wala mi ga rent sa dikarga kai kani siya sa rescue/ disaster risk reduction management dept.
namo ni na vehicle mas daghan man sila ug vehicle donated by LDRRMC so munang amo.a
gigamit as garbage collector ang mga dikarga

Brgy Naiba among sanitary landfill

Wala'y MRF's ang mga brgy's kuya, however naa mi pending na proposal for this year na project
regarding anang recycling facility from a national agency kai wala siya na approve sa SB last year
so for revisiting ang pending na proposal kai amo pang i.reconsider nganong wala na approve
last year

solid waste management council na now functioning - SB Member namo since siya ang Com. Chair sa
Committee on Health and Sanitation si Hon. Quirino R. Renancia

Guys, please indicate sa ato report that San Jose has an existing sanitary landfill facility situated
in one of its barangays(Brgy. Naiba) and that it has been properly utilized and maintained.

Under RA 9003 and your Ordinance, ang MRF pwede per barangay or clusters of barangay
sharing the same MRF and recycling is one of the purposes and you can sell whatever materials
recovered therefrom to registered junkshop operators. Pero maayo pod na nga proposal ang
recycling facility for now nga dili pa ingon ana kadaghan ang volume sa solid wastes.

Guys, let us indicate sa