Barangay Ordinance No.

2018 - __

“THE ECOLOGICAL SOLID WASTE MANAGEMENT ORDINANCE OF

BARANGAY MACASANDIG, CAGAYAN DE ORO CITY.
FIRST READING: October 22, 2018
PUBLIC HEARING: October 31, 2018
SECOND READING: Novemer 5, 2018

Sponsored by: Kgd. Nixon Baban

Co-Sponsored by: Kgd. Amor Sanchez, Kgd. Sharmaine Zamora

WHEREAS, the Barangay Macasandig 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. Nixon Baban duly seconded by members of the Committee on
Environment, Kgd. Amor Sanchez and Kgd. Sharmaine Zamora,

BE IT ORDAINED BY THE SANGGUNIANG BARANGAY OF MACASANDIG ON ITS REGULAR

SESSION ASSEMBLED:

ARTICLE I
TITLE

SECTION 1. Title. This Ordinance shall be known as “The Ecological Solid Waste Management Ordinance of
Barangay Macasandig, Cagayan de Oro City.;

ARTICLE II
COVERAGE

SECTION 1. 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 Macasandig, Cagayan de Oro City, Misamis Oriental;

ARTICLE III
LEGAL BASIS, PURPOSE, GOAL AND OBJECTIVES

SECTION 1. 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 2. Purpose. This Ordinance is enacted for the following purposes:

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

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

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

2.4 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 and / or
recycling back to production process; and
c. Encouraging the recycling and resource recovery of wastes in own backyards
through composting.

SECTION 3. Goal. The primary goal of this Ordinance is to enhance ecological balance of the community through
sustainable and integrated waste management.

SECTION 4. Objectives. The objectives of this Ordinance are the following:

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

4.2 To eradicate unsightly, uncovered and overflowing waste containers in streets, public places and open
spaces;
4.3 To maximize and optimize sanitary resource recovery for feeds, materials and others; and
4.4 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 1. Definition of Terms. As used in this Ordinance, the following term has its meaning as follows:

1.1 Biodegradable – any material that can be reduced into finer particles (degraded or decomposed) by
microbiological organisms or enzymes (synonymous with compostable).
1.2 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;
1.3 Compost – decayed organic material for use as soil conditioner or fertilizer.
1.4 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.
1.5 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).
1.6 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.
1.7 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.
1.8 Special Wastes – paint & thinner containers, spray canisters, household batteries, pharmaceutical
waste, spoiled, spilled, expired cosmetic waste, lead-acid batteries, used oil filters, broken tiles.
1.9 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 WASTE

SECTION 1. 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 2. 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:

2.1 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.
2.2 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;
2.3 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” or “Malata”;
b. Recyclables or “Di-nabubulok na maaari pang pakinabangan” or “Dili Malata”; and
c. Residuals & Special Wastes or “Di-nabubulok na ‘di na mapapakinabangan.” Or “di na
mapuslan.”

ARTICLE VI
COLLECTION AND DISPOSAL

SECTION 1. 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.

1.1. The Punong Barangay shall designated the collection points including the location of the Central
Materials Recovery Facility and satellite MRF to achieve an efficient and effective implementation of
the Barangay Solid Waste Management program.
1.2. Only segregated solid waste materials must be brought to the collection points at the time and date of
collection; and
1.3. A personnel must be assigned in every collection points to ensure that the delivered solid wastes by
the household are properly segregated.

SECTION 2. Sanitary Crews/Sanitary Aides. The barangay must assign at 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 3. 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 4. 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 5. 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 6. Schools, Churches, and Business Establishments. All garbage in these locations shall also be collected
in the same manner as in Section 10.

SECTION 7. Agricultural Areas. Agricultural areas shall convert organic wastes into compost in their respective
areas.

SECTION 8. 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 9. Time of Dumping. Time of dumping of ecological solid wastes for collection at the collection point /
sites shall be from five o’clock to eight o’clock in the morning (5-8 am) on the day of collection of the garbage
scheduled to be collected only or shall be decided by the Punong Barangay as the case may be.

SECTION 10. A “No Segration No Collection Policy” must be enforced by the Punong Barangay.

ARTICLE VII
APPROPRIATIONS
SECTION 1. The Sangguni-ang Barangay of Macasandig shall appropriate the following amount for the effective
implementation of this ordinance:

1.1 For the establishment/improvement of a Central Materials Recovery Facility and Satellite Facility –
Three Hundred Thousand Pesos (Php 300,000.00);
1.2 For the Information and Education Campaign – Thirty Thousand Pesos (Php 20,000.00);
1.3 For the other Materials and Equipments needed (such as IEC materials, and printing of Citation
Tickets, Horn and Amplifier for Garbage Truck) – Ten Thousand Pesos (Php 10,000.00);

ARTICLE VIII
PROHIBITED ACTS

SECTION 1. Prohibited Acts. The following acts are prohibited and its corresponding Fines and Penalties:

1.1 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;
1.2 The open and indiscriminate burning of residual and special wastes;
1.3 Causing or permitting the collection of non-segregated or unsorted waste/non-segregation of wastes
into biodegradable, recyclable, and residual/special; and
1.4 Unauthorized removal of recyclable materials intended for collection by authorized persons.

ARTICLE IX
PENAL PROVISIONS

SECTION 1. 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.

1.1 For paragraphs (1.1) to (1.4):

First Offense – Warning

Second Offense – Php 200.00
Third Offense – Php 500.00
Subsequent – Php 1,000.00 or revocation of barangay business permit.

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

First Offense – Warning

Second Offense – Php100.00
Third Offense – Php200.00
Subsequent – Php300.00

1.3 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 – Php200.00
Third Offense – Php500.00
Subsequent – Php1,000.00

1.4 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.
1.5 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.
1.6 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 2. 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:

2.1 Honoraria for the Macasandig Barangay Green Brigade or Eco-Tanod (a position to be created later
through a separate ordinance if the Barangay Funds will allow);
2.2 Procurement of Materials, Equipment, Protective Gears and other items necessary for the proper
implementation of the Ecological Solid Waste Management of the Barangay Macasandig;
2.3 Information, education, communication and monitoring activities of the Ecological Solid Waste
Management of Barangay Macasandig;
2.4 Acquisition of products, facilities, technologies and processes necessary to enhance proper ecological
solid waste management;
2.5 Transportation/Hauling of ecological solid wastes;
2.6 Awards and incentives;
2.7 Research programs;
2.8 Technical assistance;
2.9 Capability-building activities; and
2.10 Maintenance and other related activities, programs, etc. for the Materials Recovery Facility of Cluster.
2.11 All monetary awards from the any contest or competition on solid waste management shall be shared
as follow: Seventy Percent (50%), to the Brgy. Ecological Solid Waste Management (ESWM) Fund
and (50%) to be divided equally by the barangay officials and staff including private individuals who
contributed significantly to merit the award. (e.g. BWDC, BHWs, BNS, Barangay Tanods, Garbage
Collectors).

ARTICLE X
MISCELLANEOUS PROVISIONS

SECTION 1. 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 2. 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 3. Repealing Clause. All existing ordinances and resolutions of this barangay found to be inconsistent
herewith are hereby repealed or modified accordingly.

SECTION 4. 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 Macasandig, Cagayan de Oro City, on this
_________.

CERTIFIED TRUE AND CORRECT BY:

___________________________________
MR. ROGER NILLES
Barangay Secretary

APPROVED BY:

____________________________________
Hon. AARON NERI
Punong Barangay