P l a s t i c B a g R e g u l a t i o n O r d i n a n c e |1
EXCERPTS FROM THE MINUTES OF THE 15TH REGULAR SESSION OF THE
SANGGUNIANG BAYAN OF APALIT (2013-2016) HELD AT THE LEGISLATIVE SESSION
HALL ON OCTOBER 7, 2013
Present:
Absent:
Hon. Pedro C. Nucom
Hon. Augusto D. Manlapaz
Hon. Jesus G. Torres, DMD.
Hon. Jedalyn L. Dalusung
Hon. Elias L. Mendoza, Jr. M.D.
Hon. Sanny D. Mendoza
Hon. Fortunato D. Castro
Hon. Cruzaldo C. Guanzon
Hon. Ma. Ana Theresa M. Macalino
Hon. Hermogenes G. Bayani, Jr.
Hon. Emmanuel O. Sabordo
Vice-Mayor/Presiding Officer
SB Member
SB Member
SB Member
SB Member
SB Member
SB Member
SB Member
SB Member
Liga President
SKMF President
ORDINANCE NO. 1
Series 2013-2016
AN ORDINANCE BANNING THE USE AND DISTRIBUTION OF SINGLE USE,
CARRY OUT BAGS AND POLYSTYRENE (STYROFOAMS/STYROPOR) BY
COMMERCIAL ESTABLISHMENTS IN THE MUNICIPALITY OF APALIT AND
PRESCRIBING PENALTIES THEREOF
(Introduced by: Councilor Sanny D. Mendoza)
Whereas, Article II, Section 16 of the Philippine Constitution provides that, “the
State shall protect and advance the right of the people to a balanced and beautiful
ecology in accord with the rhythm and harmony of nature”;
Whereas, Section 3 (i) of R.A. 7160 provides that “the Local Government Units
shall share with the national government the responsibility in the management and
maintenance of ecological balance within their territorial jurisdiction;
Whereas, Section 458 (vi) of R.A. 7160 also empowers, “the Sangguniang Bayan
to protect the environment and impose appropriate penalties for acts which endanger
the environment including such activities which result in pollution, acceleration or
eutrophication of rivers and lakes or ecological imbalance;
Whereas, majority of commercial establishments, most of which provide and use
single use carry out, plastic bags and polystyrene foam products (Styrofoam/Styropor)
as packaging materials in the Municipality of Apalit and elsewhere;
Whereas, the indiscriminate dumping of plastic bags and packaging materials
into the environment and eventual burning of the same in open dumps coupled with an
apathetic behaviour of the population are exacerbating air pollution, deteriorating water
quality, contributing to the shallowing of bays and rivers, and as such constitute a
serious threat to public health and the integrity of the ecosystem;
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Whereas, the banning of the use and distribution of single use carry out, plastic
bags and polystyrene foam products will greatly contribute to a reduction in the volume
of solid wastes generated by local communities that end up in the canals, waterways,
rivers, creeks and stream and eventually in the bay;
Whereas, commercial establishments have the capability to educate and
encourage their customers to use environmentally-preferable alternative to plastic bags;
Now therefore, on motion of Councilor Sanny D. Mendoza, duly approved by
general consent,
BE IT ORDAINED by the Sangguniang Bayan of Apalit, in session assembled,
that:
SECTION 1. Title. This Ordinance shall be known as “The Plastic Bag
Regulation Ordinance”.
SECTION 2. Definition of Terms. For the purpose of this Ordinance, the following
terms are defined as follows:
a. Single Use, Carry Out Plastic Bag or Plastic Bag – means any bag made from
plastic excluding reusable bags, provided by a commercial establishment to a
customer at the point of sale for the purpose of carrying away goods and
intended to be used for one time only
b. Reusable Bag – refers to washable canvass bag, “bayong” or any shopping bag
not made from plastic, used for carrying and transporting goods, which bags are
made of organic or non-organic materials and can be used several times
c. Polystyrene Foam (Styrofoam/Styropor) – a petroleum-based plastic made from
styrene monomer and light-weight material used in all types of products from
cups and food packaging materials
d. Commercial Establishment – refers to an establishment or a cluster of
establishments engaged in commerce or sale of goods or services, including but
not limited to market stores, shopping mall outlets, supermarkets, department
stores, groceries, convenience stores, food chains, restaurants, café’s, bars, sarisari stores and the like
e. Operator – refers to a person or group of persons in control of, or having daily
responsibility for the daily operation of a commercial establishment, which may
include, but not limited to the owner of the commercial establishment
SECTION 3. Prohibition on the use of plastic bags. No commercial establishment
shall utilize single use, or carry out plastic bags at the point of sale for the purpose of
carrying away goods.
SECTION 4. Prohibition on the use of Styrofoam/Styropor. No commercial
establishment shall use Polystyrene Foam and other similar materials as container for
food, produce and other products.
SECTION 5. Prohibition on selling plastic bags. No commercial establishment and/or
individual shall offer or sell plastic bags to be used as packaging materials.
SECTION 6. Monitoring. The Integrated Solid Waste Management Office (ISWMO)
shall monitor the effective implementation of this Ordinance. The ISWMO shall prepare
a monthly report on the progress of the implementation of this Ordinance. Should an
establishment find it meritorious to seek an exemption from this Ordinance, the sample
polystyrene or plastic product shall be submitted to the ISWMO for evaluation. Pending
the decision of the ISWMO, such sample polystyrene plastic product shall be
considered a prohibited product under this Ordinance.
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SECTION 7. Information Education and Communication Campaign. Upon the
approval of this Ordinance, the Municipality shall conduct massive information
education and communication campaigns using quad media (print, radio, television and
internet) and shall also include the promotion of alternative biodegradable packaging
materials.
SECTION 8. Implementing Rules and Regulations. Within thirty (30) days from
approval of this Ordinance, the necessary rules and regulations shall be issued by the
Municipal Mayor for proper and effective implementation of this Ordinance.
SECTION 9. The ISWMO is mandated to conduct a study on the feasibility of
providing alternative receptacles for the disposition and marketing of products, so as not
to affect the flow of trade and commerce in the Municipality.
SECTION 10. The ISWMO is hereby mandated to provide a program wherein
livelihood projects shall be implemented for the manufacture and distribution of ecofriendly replacement of plastic containers and bags. These livelihood projects must be
coordinated with respective offices to help residents of Apalit earn additional income.
SECTION 11. Effectivity Clause. This Ordinance shall be implemented on January 1,
2014.
SECTION 12. Prohibited Acts. Commercial establishments and/or individuals are
prohibited from:
a. Selling and providing single use, carry out plastic bags to consumers as
packaging materials
b. Selling and providing Polystyrene Foam (Styrofoam/styropor) as containers and
food packaging materials.
SECTION 13. Penalties. Any business establishment who shall violate any of the
prohibited acts stated above shall be penalized with the following:
First Offense
Second Offense
Third Offense
:
:
:
Php500.00
Php1,000.00
Php2,500.00 and/or imprisonment of not more than
ninety (90) days upon the discretion of the court and
in the case of commercial establishment, cancellation
of its license to operate for a period of one (1) year
SECTION 14. Separability Clause. If any part of this Ordinance is declared a
judicially as unconstitutional or unlawful, such declaration shall not affect the other parts
or section hereof that are not declared unlawful or unconstitutional,
SECTION 15. Repealing Clause. All previous Ordinances inconsistent with this
Ordinance shall be deemed repealed or modified accordingly.
APPROVED.
I hereby certify to the correctness of the foregoing Ordinance No. 1, s2013-2016 enacted by the
Sangguniang Bayan of Apalit, Pampanga during its 15th Regular Session October 7, 2013.
GLENN J. DANTING
Secretary to the Sanggunian
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With the concurrence of:
AUGUSTO D. MANLAPAZ JESUS G. TORRES, DMD
SB Member
SB Member
JEDALYN L. DALUSUNG
SB Member
ELIAS L. MENDOZA, JR. MD.
SB Member
FORTUNATO D. CASTRO
SB Member
SANNY D. MENDOZA
SB Member
MA. ANA THERESA M. MACALINO
SB Member
HERMOGENES G. BAYANI, JR.
Liga President
CRUZALDO C. GUANZON
SB Member
EMMANUEL O. SABORDO
SKMF President
Attested by:
PEDRO C. NUCOM
Vice-Mayor/Presiding Officer
Approved by:
OSCAR D. TETANGCO, JR.
Municipal Mayor
Date of Approval: _____________________________