article v - Municipality of Kiangan

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PROPOSED MUNICIPAL ORDINANCE

NO. __, SERIES OF 2009

“AN ORDINANCE ENACTING THE MUNICIPAL ENVIRONMENT CODE OF

KIANGAN, IFUGAO AND PROVIDING FUNDS THEREOF.”

Sponsored by: Hon. Mary B. Ananayo

Chairperson, Committee on Environment/Tourism/Trade & Industry/Energy

Be it ordained by the Sangguniang Bayan, assembled in session that:

CHAPTER I

GENERAL PROVISIONS

ARTICLE 1. TITLE, STATEMENT OF PURPOSE, CONFLICT WITH DIFFERENT SECTIONS, EXISTING

RIGHTS, RULES IN ITERPRETING THE CODE.

Section 1. Title. This Ordinance shall be known as the Municipal Environment Code of the Municipality of Kiangan,

Ifugao. (It covers all general and special administrative ordinances enacted over the years, Sangguniang Bayan Resolutions, as well as provisions from Executive Orders issued by the Local Executive that partake the nature of ordinances relevant to the protection, conservation, utilization and management of the environment, specifically along the areas of land, air, and water.)

Section 2. Statement of Purpose. The purpose of this Code is to integrate the planning, implementation, monitoring and evaluation of programs, projects and activities on land resource management, air quality control, water resource management and solid waste management through effective and efficient legislative enactment with the end in view of attaining a healthful and sustainable environment for a better quality of life of the people.

Section 3. Conflict Within Different Sections. Should the provisions of the different sections in this code conflict or contravene with the other provisions, the provisions which is last in the ordinal sequence, shall govern.

Section 4. Existing Rights. What ever National Law applicable to our Municipality be adopted or be incorporated in this code commenced before the effectivity of this code, and those rights, which accrued prior to effectivity, shall be affected by this code. Procedures thereafter taken shall conform to the provisions of this code insofar, as possible.

Section 5. Rules in Interpreting the Code. a) General Rule. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to that peculiar and appropriate meaning. b) Person.

The word “person” shall extend and be applied to natural and juridical persons such as firms, corporations, individuals or voluntary associations, unless plainly applicable. c) Tenses. The use of any verb in the present tense shall include the future when applicable. d) Shall Have Been . The word “shall have been” include past and future cases. e) Shall.

“Shall” is mandatory. f) May.

“May” is permissive. g) Reasonable Time or Notice.

In all cases where any provision of this Code shall require any act to be done and a reasonable notice to be given, that reasonable time or notice shall mean such time only as may be necessary for the prompt performance of that duty, or compliance with that notice. h) Computation of Time. When the Code refers to a day that means a working day for government offices beginning from 8:00 in morning up to 5:00 in the afternoon from Monday to Friday except Holidays.

Section 6. Specific Aspects: a.

Vision Statement – The municipality of Kiangan is a green and eco-tourism destination with disciplined, environmentally aware and healthy people governed by united and strong politically willed and God fearing leaders living in an ecologically sound environment.

Kiangan a municipality of blue skies, green forest and abundant, clean waters flowing downstream as a habitat for fresh water fishes and supplying the domestic, irrigation and hydroelectric needs of a prospering economy.

Anchored on sound and sustainable economic development programs through the unified efforts of a globally competitive and enterprising people supported by innovative and dynamic administrative policies ensuring the preservation of the environment. b. Commitment. The municipality hereby commits to effectively and efficiently implement this Code and in support thereof to make available adequate manpower, funding, equipments, machineries and other resources .

D. Basic Principles. The principles involved hereon are the following: a. Integration. Characterized by comprehensive scope, coherent and consistent strategies and cost-effectiveness of results of the policy making and implementation processes to be undertaken. Integration is the principle behind the mandate for the Municipality to implement and translate into its development initiatives - national and local policies, plans and programs. b. Interdisciplinary. Refers to the recognition of the need to a diverse field of knowledge to include natural, social, and engineering sciences aside from available traditional knowledge.

c. Precautionary Principle. Wherein the municipal government will take immediate preventive action, using the best available knowledge, in situations where there is reason to think that something is causing a potentially severe or irreparable environment harm - even in the absence of conclusive scientific evidence establishing a causal link. This principle also applies in the formulation of predictive policies in Local Environment Management. d. Polluter Pay principle. Polluters assume the external costs of pollution upon the community and environment.

Negotiated compensation for damages caused to the physical environment is hereby adopted. e. Intergenerational Equity. That means ensuring equal access to goods and resources for people in the present and future generations. f. Public Participation. That which consists in the appropriate access to information held by public authorities and the participation of the general public in the decision making process. This is necessary for stakeholders to gain a sense of ownership to the issues sought to be addressed, and to the interventions and solutions which are decided upon as necessary. This is also a way to decentralize responsibility for environment protection and conservation and ultimately empower communities without using the coercive power of the state. g. Indigenous and Community-Based Management. In recognition of effective traditional practices in environment management, as well as the right and duty of local communities to conserve and protect the environment and natural heritage. Important to this is the right to development.

Section 7. Environmental Assessment Policies. The Municipality of Kiangan hereby adopts policies that will promote the environment-friendly activities of residences, businesses, industries in Kiangan in as far as social services and infrastructures are concerned.

Any proposed project needing the approval of the Municipal Government or requiring the issuance of a permit shall not cause significant negative environmental impact on the physical, biological and socio-economic environment.

There shall be conducted a yearly inspection of kaingin system, institutional, households and premises to determine the preservation of the physical environment. Should there be findings of the degradation, destruction or violations of the environment, appropriate and immediate actions shall be instituted to mitigate the effects of such environmental degradation and the full force of the law be applied to the violators.

Section 8. Environmental Assessments. The operations, premises, facilities and systems of all industrial, manufacturing and similar business establishments shall be subject to environment assessment when the need arises which shall be conducted by the Department Environment and Natural Resources (DENR), Municipal Agriculture and Environment Office

(MAENRO) Religious Sector and the Non-Government Organizations (NGO’s) and other concerned national agencies.

Section 9. Local Environmental Audit. There shall be conducted an annual or as the need arises environmental audit by a team created for this purpose in coordination with other agencies with technical expertise to determine the changes in land use resources, state of water, bio-diversity, demographic dynamics and other important aspects of environmental management and ultimately to establish the causes and effects of such changes on the life of the people and the exercise of regulatory powers of the local governments.

Section 10. Basis of Action. Considering the extent and complexity of environmental initiatives, the following local and international policy instruments are hereby considered to ensure an efficient, equitable and sustainable allocation, utilization, management and development of the Municipality’s land resources, to wit: a.

The Constitution of the Philippines. The constitution provides that: Article II, Section 16 “The state shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature”. b.

Section 484 of R.A. 7160 otherwise known as the Local Government Code of 1991 provides for the appointment of an

Environment and Natural Resources Officer (although optional) for the municipality, whose tasks include the formulation of measures for the consideration, assistance and support of Local Executive in carrying out measures to ensure the delivery of basic services and provision of adequate facilities relative to environment and natural resources services as provided for under Section 17 of the Local Government Code. Section 458 (a)(1)(vi), RA 7160, directs the Sangguniang

Bayan to enact ordinances that will “protect the environment and impose appropriate penalties for acts which endanger the environment, such as dynamite fishing and other forms of destructive fishing, illegal logging and smuggling of logs, smuggling of natural resources products and of endangered species of flora and fauna, slash and burn farming, and such other activities which result in pollution, acceleration of eutrophication of rivers or of ecological imbalance”. b) NIPAS Law (National Integrated Protected Areas System) R.A. 7586. This is the classification and administration of designated protected areas to maintain essential ecological processes, presence of genetic diversity, ensure sustainable use of resources and maintain their natural conditions to the greatest extent possible. c) Rio Declaration (U.N. Conference on Environment and Development) Local Authorities Initiatives in Support of Agenda

21 (International Summit). Local Authorities shall construct, operate and maintain economics social and environmental infrastructure and oversee the planning processes, establish local environmental policies and regulations and assist in implementing national and sub-national environmental policies. The local government which is close to the people, they play a pivotal role in educating, mobilizing and responding to the public to promote sustainable development. d) Convention on Biological Diversity. e) CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora).

f) The Ecological Solid Waste Management Act of 2000 (RA 9003 and its implementing rules and regulations). An act providing for an ecological solid waste management program creating the necessary institutional mechanisms and incentives, declaring certain acts and providing penalties, appropriating funds therefore, and for other purposes.

It is hereby declared the policy of the municipality to adopt a systematic and ecological waste management program, which shall a) Ensure the protection of public health and environment; b) Utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage resources conservation and recovery c) Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste through the formulation and adoption of the best environmental practices in ecological waste management excluding incineration h. Philippine mining act i. Other Environmental Laws

ARTICLE II

DEFINITION OF TERMS

Section 11. As Used in Land Resource Management . The following terms are conceptually and/or operationally defined as follows:

1. Agricultural Lands - Lands of the public domain, which are neither forest or mineral lands.

2. Alienation, Disposition or Concession - any of the modes authorized by the laws of the Philippines for the acquisition, lease or use of the lands of the public domain other than forests, mineral or national parks.

3. Assisted Natural Regeneration (ANR) - the process of rehabilitating denuded forest lands by taking advantage of trees already growing in the area. This usually involves the following activities: locating and releasing indigenous trees, maintenance, augmentation, planting and protection.

4. Buffer Zones - identified areas outside the boundaries of, and immediately adjacent, to designated protected areas that need special development control in order to avoid or minimize harm to the protected area.

5. Clean and Green Campaign - deals with the massive cleaning of the municipality and the planting and maintenance of trees as well as intensive beautification drive in consonance with the national government’s goals and objectives.

6. Commercial Lands - portion of alienable and disposable lands of the public domain classified as suitable and intended for trading of goods and services by competent authority.

7. Contract Reforestation - implementation of reforestation activities through written agreements with the community or DENR or National Government and NGO’s

.

8. Cover Crop Planting - process of conditioning denuded areas which are highly cogonal, rocky or erodible calopognium, stylosanthes, desmodium, lablab, bean, psophocarpus, patani, or by planting suitable non-legumes such as morning glory vine, wild sunflower and kikuyu grass, in order to improve soil fertility, organic matter, and water holding capacity prior to or concurrent with the planting of trees and other perennials in such areas.( Leguminous crops)

9. Enrichment Planting - process of integrating fuel wood, timber and non-timber crops in adequately-stocked reforestation projects previously implemented for the purpose of increasing wood supply for the people and enhancing the incomegenerating potential of such projects.

10. Farm Lands - lands intended for or actually devoted to the production of food, including plantations, except fishponds and other adjoining bodies of water.

11. Industrial Lands - public lands within the zone established by the municipality for the manufacture and production of large quantities of goods and commodities.

12. Land Classification - assessment, appraisal, and determination of land potentials, which include survey, and classification of land resources and the study and mapping of the soil.

13. Land Reclassification - subsequent classification, allocation, and disposition of alienable and disposable lands of the public domain into specific uses.

14. Land Resources - all terrestrial, subterranean, and all geological features and land masses of the public domain and private domain of the State, within the respective geographical jurisdiction of the Municipality, including all flora and fauna, minerals and aquatic resources that dwell or exists upon it.

15. Land Use Planning - act of defining the allocation, utilization, development, and management of all lands within a given territory or jurisdiction according to the inherent qualities of the land itself and supportive of economic, demographic, sociocultural and environmental objectives as an aid to decision-making and legislation.

16. NIPAS - The National Integrated Protected Areas System is the classification and administration of all designated protected areas to maintain essential ecological processes and life-support systems, to preserve genetic diversity, to ensure sustainable use of resources found therein, and to maintain their natural conditions to the greatest extent possible.

17. Population, Resources and Environmental Balance - a condition where there is a harmonious interaction between and among population, resources and environment towards sustainable development. This means that population factors such as size, growth, age-sex structure, distribution, as well as their activities do not compromise the replenishment and conservation of resources and the preservation of the environment and vice versa.

18. Population and Development Planning Approach - the development of a mindset to look at all the important socioeconomic and demographic interrelationships in formulating, implementing, monitoring and evaluating plan and programs.

19. Protected Area - identified portions of land and water set aside by reason of their unique physical and biological significance, managed to enhance bio-diversity and protected against destructive human exploitation.

20. Public Domain - lands which belong to the State, province, municipal and barangay in its proprietary capacity.

21. Reforestation - planting of denuded forestlands with trees and other perennials. It shall include all direct and indirect activities necessary to establish forest plantations, such as: identification of sites, surveying, mapping and planning.

Construction of infrastructure, seeding production, site preparation, enrichment planting and inter-cropping, monitoring and evaluation.

22. Residential Lands - public lands intended to or devoted to the construction and establishment of dwellings.

23. Resource Reserve - an extensive and relatively isolated and uninhabited area normally with difficult access designated as such to protect natural resource of the area for future use and prevent or contain development establishment of objectives are based upon appropriate knowledge and planning.

24. Zoning - refers to the delineation/division of a municipal into functional zones where only specific land uses are allowed. It directs and regulates the use of all in the community in accordance with an approved or adopted land use plan for the municipality. It regulates land uses and prescribes limitations on structures/ infrastructures thereon.

25. Zoning Ordinance - an ordinance which classifies, delineates, defines, designates different land uses in the municipality, requiring fees and imposing penalties.

26. . Premises- the whole area that includes kaingin, etc.

27. Watershed – (Based on PD 705)

Section1 2. As Used in Water and Marine Resource Management . The following terms are operationally and/or conceptually defined:

1.

Aquatic Pollution - The introduction by man or machine in the grounds of waters, freshwater, of substances or energy which results or is likely to result in such deleterious effects as to harm living and non-living aquatic resources, posing as hazard to human health. It may be a direct or indirect action, or in or out of particular local government jurisdictions. It includes dumping or disposal of waste or toxic substances along rivers and creeks and all bodies of waters within the municipality of Kiangan, Ifugao.

2.

Aquatic Resources - Living resources of the aquatic environment including fishes, aquatic flora and fauna and mangroves.

3.

Cast Net (Tabukol) - A conical net provided with lead sinkers at lower line, which is thrown by hand to fall flat upon the surface of the water to cover the fish.

4.

Fish Sanctuary Areas (FSA) - A place of safety being identified within the water bodies. They serve as sanctuaries and shelters which increase the survival of juvenile fishes and foster reproduction, municipal fishing grounds and recreational areas.

5.

Fish Cage – Shall refer to closely woven bamboo screens, nylon nets or other materials either attached to poles staked to the reservoir bottom or floating anchored to the reservoir bottoms by weights enclosing a given portion of the reservoir waters and constructed for the purpose of growing and/or culturing fish.

6.

Fisherman – an individual who engages in fishing personally and/or with the aid of labor from within his immediate household.

7.

Fishing – The act of catching, trapping or taking fish from all bodies of waters of Kiangan in the manners prescribed in this Code, exclusive of the growing and/or culturing of fish in fishpens or fish cages.

8.

Fish Pen - A stationary wire or trap devised to intercept and capture fish consisting of rows of stakes or bamboos, palma brava, or plastic nettings, and other materials fenced with split bamboo mattings or wire mattings with one or more enclosures, usually with an easy entrance but with difficult exit, and with or without leaders to direct the fish into a catching chambers or purse.

9.

Fishery - All activities relating to the act or business of gathering, taking, culturing, preserving, processing, and marketing of fish and other aquatic products.

10.

Fishing Gear – any instrument or equipment used to catch or take fish..

11.

Illegal Fishing Method - Refers to fishing with the use of gears that cause damage to ecological processes or habitats or cause a needless depletion of fish stocks directly or indirectly. Included are fishing with the use of dynamite, other explosives or chemical compound that contains combustible elements that upon ignition by friction, concussion, percussion or detonation, of all parts of the compound, will kill stupefy, disable, or render unconscious any fish or aquatic organism. It also refers to the use of any other device, which causes an explosion that is capable of producing the said harmful effects.

12.

Long Line – A long horizontal line with a series of branch lines attached with baited hook at the end.

13.

Wetlands - A community of plants including all species of trees, shrubs, vines, and herbs found on coasts, swamps, or borders of swamps.

14.

Marginal Fishermen - A group of people solely or primarily engaged in small-scale fishing as a source of livelihood.

15.

Municipal Waters - Include streams, rivers, creeks, brooks, springs and all bodies of waters within the territorial jurisdiction of the municipality that are not the subject of private ownership and not included within national parks, public forests, timberland, forest reserves or fishery reserves.

16.

Optimum Sustainable Yield (OSY) - Level of fishing effort that produces the highest or most profitable catch levels which can be sustained indefinitely considering the social, cultural and political factors that are associated with the utilization of fishery resources.

17.

Pole and Line (liw-liw) – A pole with a single line attached to one end of a pole with one or more baited hooks and sinker.

18.

Subterranean Waters - Streams, creeks, brooks, springs and associated ground water not subject to private ownership and not comprised within national parks, forest lands, timberland or forest reserves, that are found beneath the terrestrial features of a municipality irrespective of depth or breadth but extending only up to the limits of the municipality’s geographical boundaries.

19.

Spear – A fishing instrument made of a rod with barb, generally thrown by hand or fired from a gunlike or bowlike device.

20.

Sustenance Fishing – fishing for domestic or family consumption with the use of one (1) hook and one (1) line, one (1) pole, and where the catch does not exceed five (5) kilos per day.

21.

Sport Fishing – fishing with the use of one (1) hook, one (1) line, one (1) pole, extended only to visitors and tourists and unless the catch does not exceed ten (10) fises per day.

22.

Gubu – traditional fishing using woven bamboo traps

23.

Munduldul – traditional fishing using the hands by driving the fishes to a prepared trap.

Section 13. As Used in Air Quality Management.

The following terms are operationally and/or conceptually defined:

1.

Air Pollutant - Any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the inert gasses in their natural or normal concentrations, and includes smoke, dust, soot, cinders, fly ash, solid particles of any kind, gasses, fumes, mists, odors, and radio-active substances.

2.

Airborne Dusk or Dust - Minute solid particles released into or carried into the atmosphere by natural forces or by any fuelburning, combustion, or process equipment or device, or by construction works, or by mechanical or industrial processes.

3.

Ambient Air Quality - The average atmospheric purity as distinguished from discharge measurements taken at the source of pollution. It is the general amount of pollution present in a broad area.

4.

Emission - The act of passing into the atmosphere on air contaminant, pollutant, gas stream and unwanted sound from a known source.

5.

Effluent Standards - Restrictions established to limit levels of concentration of physical, chemical, and biological constituents which are discharged from point sources.

6.

Fuel-Burning Equipment - Any equipment, device, or contrivance, and all appurtenances thereto, including ducts, breechings, fuel-feeding equipment, ash removal equipment, controls, stacks, and chimneys, used primarily, but not exclusively, to burn any fuel for the purpose of direct applications or indirect heating such as the production of hot air or hot water.

7.

Fugitive Particulate - The particulate matter, which escapes and becomes airborne from unenclosed industrial operation, or that which escapes from incompletely or partially enclosed operation into the outside atmosphere without passing or being conducted through a flue pipe, stack or other structure.

8.

Greenhouse Effect - A warming near the earth’s surface that results when the earth’s atmosphere traps the sun’s heat. The greenhouse effect received its name because the earth’s atmosphere acts much like the glass or plastic roof and walls of a greenhouse. The earth’s atmosphere allows most of the sunlight that reaches it to pass through and heat the earth’s surface.

The earth sends the heat energy back into the atmosphere as infrared radiation. Much of this radiation does not pass freely into space because of certain gasses in the atmosphere absorbed therein. These gasses include carbon dioxide, ozone, and water vapor. They grow warm and send infrared radiation back toward the earth, adding to the warming at the surface.

9.

Particulates or Suspended Particulates - Any material, other than uncombined water, which exists in a finely divided form as a liquid or solid.

10.

Smoke - Gas-borne particulates resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon, ashes, or other combustible materials.

11.

Standard or Limit - The concentration of any air contaminant which, in order to protect the public health and welfare, shall not exceed at a particular region or zone, and at a specified period of time. Standards are enforceable and must be complied with by the owner or person in charge of an industrial operation, process or trade.

SECTION 14. As used in Solid Waste Management. The following terms are operationally and/or conceptually defined:

1.

Biodegradable - any material that can be reduced into finer particles degraded or decomposed by microbiological organisms or enzymes.

2.

Biogas digester – are of two kinds: the “poso-negro” Taiwan types of the above-ground portable Valderia model, and the

Biogas which is a mixture of methane, carbon dioxide, and traces of inert gases produced by the fermentation of animal manure organic waste in an airtight digester chamber.

3.

Compost – decayed organic material for use as soil conditioner or fertilizer.

4.

Composting – biological degradation under controlled conditions; the process of making biodegradable such as food waste, garden waste, animal waste, human waste into compost by mixing them with soil, water, and whenever necessary, biological additives or activators, and air.

5.

Domestic waste – is the refuse from household, as distinguished from industrial waste, agricultural waste, hospital waste, etc. which may be classified as biodegradable or compostable and non-biodegradable or non-compostable.

6.

Enzymes – a protein produced by coals, with substances that initiate or accelerates chemical reactions in plants or animal matter, acting like an organic catalyst.

7.

Factory returnable – all non-biodegradables, non-compostables such as cans / metals; bottles / glass including broken pieces; plastic / Styrofoam / rubber / dry paper / dry cardboard / dry cloth / fibers / leather / feather / hard shells / hard bones, etc. which are segregated in separate containers or placed in one sack (cans, bottles, containers already rinsed) and are sold / given away to collectors.

8.

Food materials – all food waste, peelings, veggie trims, fish entrails, fowl innards, spoiled fruits, leftovers, egg shells, rice / fish / meat washings, etc. that should be collected in covered containers as hog / chicken / duck/ pets / fish feeds.

9.

Fermentables – fruit peelings, spoiled or overripe fruits, juices, e.g. buko juice, etc. which can be made into vinegar, wine, or “nata de coco”, “nata de piña”, etc.

10.

Fertilizer materials – all compostables or biodegradables such as garden wastes (leaves, twigs, weeds) animal waste

(manure, carcasses), human waste (feces, urine, blood, all excrete, spoiled wipes, pads, diapers [without plastic portion], etc.) are made into compost for organic gardening.

11.

Filling materials – residue left after optimum utilization of waste. Such materials can be compacted, mixed with other materials, such as rice chaffs, then nicely pressed and binded, used for appropriate construction projects.

12.

Fine crafts – many of the non-biodegradables which could be used as materials for handicrafts, cottage industries, art works, toys, and other livelihood projects such as paper mache, paper basketry, tin craft, metal craft, plastic twine or rope braids, feather crafts, and wood crafts. Styrofoam melted in small amount of gasoline solvent provides cheap glue or

“binder” for many of the projects.

13.

Food materials – includes certain types of seeds, pulp, peelings, that are made into pickles, “sweets” or candies or snacks.

14.

Functional facilities / equipment – used equipment / facilities devised or created for discards, throwaways, junks, scraps, e.g. chair, tables, doormats, play equipment from rubber tires, roofing from milk cans, lower pots, “planters” from plastic bags, sacks, containers, etc.

15.

Green charcoal – another form from the fuel or grass charcoal, manufactured from compostable, organic, cellulotic materials with the use of enzymes to break down the lining or binding materials, after which it is molded and dried then used in charcoal-fed stoves.

16.

Hazardous waste – special types of waste containing the chemical, biological elements, which are harmful to human health.

17.

Incinerator – the controlled process by which combustibles wastes are burned and changes into gasses and residue that contains little or no combustible materials.

18.

Landfill leachate – the downward seeping of water through the landfill carrying with it the dissolved water-soluble contents of the waste, which may be collected by the underground drainage of water system.

19.

Putrescible – a substance that decomposes at a certain temperature in contact with air and moisture, generally containing nitrogen.

20.

Recycling – the re-use, retrieval, re-commission of any element or matter for any and all purposes necessary to healthful and productive living; the process by which waste materials are transformed into new products in such a manner that the original products may lose their identity.

21.

Resource recovery – the extraction of material energy from wastes.

22.

Solid waste – this includes anything thrown away, such as garbage, rubbish, trash, litter, junk, and refuse from any source

(home, business, farms, industries, or institution); these are discarded materials with insufficient liquid content to flow.

Examples are these non-liquid wastes from domestic, commercial, agricultural and industrial activities, which can be divided into several components under two broad categories.

A. Biodegradable – compostable-putrescible. There are (4) four groups of waste under this category, such as;

1.

Food (cooking) waste / kitchen waste; peelings, leftovers, vegetable trims. Fish / meat / animal entrails / innards

/ cleanings, soft shells, weeds, seeds / inedible fruits, etc.

2.

Agricultural (garden waste: leaves / flowers, twigs, branches, stems, roots, trimmings, weeds, seeds / inedible fruits, etc.

3.

Animal waste: manure / urine, carcasses, etc.

4.

Human waste: excretes, soiled pads, sanitary napkins, etc.

5.

Bones

B. Non-biodegradable – compostables – Putrescible.

There are ten (10) groups of waste under this category:

1.

Metals: tin cans, iron, lead, copper, silver, etc.

2.

Glasses: bottles, cutlets (broken glasses), sheets (sharps), mirrors, bulbs, etc.

3. Plastics: polypropylene (bags), polypropylene (straws) jute sacks / containers, polyurethane (foam mattresses), polystyrene (Styrofoam), polyvinyl (tubes, pipes, linoleum), polyacetate (fibers, cloth, rayon), etc.

4. Rubber (natural and synthetic): tires, goods, etc.

6.

Papers: dry papers, cardboards, etc.

7.

Dry processed fibers: cloth, twine, etc.

8.

Dry leathers, etc.

9.

Hard leathers, etc.

10. Rocks

23. Solid Waste Management – the purposeful, systematic control of generation, storage, collection, transport, separation, processing, recycling, recovery, and final disposal of solid waste.

24. Sorting at Source – the segregation or separation of waste at the point of generation or at the very place where they are produced into biodegradable and non-biodegradable.

25. Recycling of Domestic Waste – the full utilization of domestic waste into returnables, feeds, fertilizers, fuels, fine craft, fermentables, and filling materials, either by man-made or nature-designed recycling schemes.

26. Zero Waste Resource Management System – is an ecological method of handling waste that does not degrade the environment nor pollute air, water and soil, and facilitate their sanitary retrieval, re-use or recycling.

ARTICLE III

LAND RESOURCES MANAGEMENT

Section 15. Statement of Policy and Management Directions. It is the policy of the municipality to provide a rational, orderly and efficient acquisition and utilization of lands for the attainment of a better quality of life of all the people of

Kiangan with the active participation of the barangay people and Non-Government Organizations (NGO’s).

Section16. State of the Resources.

The Municipality of Kiangan has a total land area of more or less than 20,419.2071 hectares and bodies of waters. It is composed of 14 barangays and 1 economic zone.

LAND USE

Urban

Agricultural

Permanent Croplands

Annual Croplands

Others. (Grasslands)

Forest

Critical Watershed

Permanent Forest Reserves

Rivers/Creeks/ Water Bodies

Built-up Areas

Residential

Commercial

LAND AREA (Has)

223.2035

12448.9515

1,885.1500

4,969.6469

5,594.1546

7418.4341

617.1588

6,651.2783

150.000

325.6180

288.2882

0.01053

PERCENT DISTRIBUTION

1.09

60.97

36.33

1.59

Institutional

Road Right of Way

Industries

Special Uses

Cemeteries

Other uses: Provincial Jail/Municipal camp - DPWH Branch Office

TOTAL

13.5500

23.6180

0.0565

3.0000

1.0000

1.5000

0.5000

20,419.2071

0.02

100

The Municipality of Kiangan has an increasing population, which caused greater demand for use of land resource be it on the aspect of residential, industrial, institutional, commercial, and others, Kiangan has a total population of 15,447. Based on

NSO census of 2007. It is growing rapidly and the neighboring towns absorb its spill-over from various economic and social activities.

The expansions of economic activities are causing serious effects of agricultural land due to land conversion. Land and land dependent resources have been extracted that caused its dissipation and affect human survival.

Even the discharge of waste products as well as the disposal of the same leaves a continuing demand for land source in terms of solid waste management and drainage.

Therefore, the value of land and its rational use, its conservation and management shall be vigorously and consistently pursued by the municipal government for the benefits of all its residents.

Section 17. Policy on Fauna and Flora. The municipal environmental symbols adopted in accordance with this Code shall be protected, conserved, multiplied and maintained. Any act that tends to maliciously destroy, mutilate, defoliage, poison or harm any of the symbols shall be held criminally liable. Likewise, the law on the protection of the endangered fauna and flora species shall be adopted as part of this Section.

Section18. Inventory of Trees in the Municipality. There shall be installed in the Municipal Agriculture and

Environment Office (MAENRO) a Registry of Trees that should reflect tree classification by species, location, ownership, age and other related data. In this regard, all trees planted within forest and alienable lands shall be numbered and entered into the registry for monitoring and management purposes.

Section 19. Beautification and Greening along open space. The Municipal LADC shall conduct a beautification drive in their respective jurisdiction including the greening of street shoulders, planting trees along the highways and planting flowers in front of residential and commercial houses.

Section 20. Comprehensive Land Use Plan and Municipal Zoning Ordinance.

The Comprehensive Land Use Plan and its accompanying Zoning Ordinance, which was prepared before the enactment of this code is hereby adopted. Its publication in a separate document does not affect its effectivity in relation to this code but rather provision hereof consistent with land use and zoning are applicable to the Land Use Plan and Zoning Ordinance.

Section 21. Building Permit. No construction of building without building permit. No permit of occupancy shall be issued by the Municipal Government for buildings, subdivisions, condominiums and the like unless there are provisions for planting of trees and flowers in the development plan duly implemented if applicable.

Section 22. Vacant Lots. Owners or administrators of vacant lots are required to plant trees and vegetables to keep these lots “green” as well as maintain its cleanliness all the time in support to the general objectives of productive Land Use.

Section 23. Abandoned Buildings. Owners or administrators of old and structurally defective and abandoned buildings are required to maintain its cleanliness and free it from squatters or totally demolish if needed not only in support to beautifying the environment but also as a safeguard to accidents and other hazards. ( A demolition order will be issued by the

Building Official if the owner had been notified three times yet he/she did not comply)

Section 24. Prevention of Soil Erosion. Infrastructure support in the form of “riprapping” or other Engineering and vegetative technologies to prevent soil erosion for the protection of roads, creeks, rivers and other areas prone to soil erosion that shall be implemented.

Section 25. Banning Slash Burn. The slash and burn system for personal gain is banned.

Section 26. Conversion of Agricultural Lands. Kiangan, being a fast growing town shall limit the conversion of agricultural lands into other uses. Provided, that the subject of conversion is not prime agricultural land, and provided, further, that there shall first be issued a certificate of Environmental Impact Assessment from the Department of Environment and

Natural Resources and the Department of Agriculture a certification as to the agricultural productivity and, provided, finally that the Committee on Land Use, endorses the a favorable e recommendation on the matter.

Section 27. Squatting. The municipal government while recognizing its role in the alleviation of poverty, equitable and sustainable land use, further recognizes its social and moral responsibility towards maintaining a sanitary and hygienic condition in human settlements in order to achieve an effective environmental management. It shall be the policy of the

municipality to contain and prevent the aggravation of squatter settlements within the municipality. The squatting in roadsides, flood prone waterways and similar areas is banned including improvements.

Section 28. Municipal Canals and Drainage. The canals and drainage systems within the municipality should be properly maintained to allow efficient flow of water and effluence for sanitation purposes. The canals and drainage systems should be regularly desilted and dredge. Dumping of solid wastes and garbage is punishable.

Section 29. Ban on the Cutting of Trees. Based on PD 705 Forestry code of the Philippines , no person shall cut, burn, destroy or transplant all kinds of trees inventoried or not without first securing the authority from the DENR upon recommendation of the Barangay Captain and the Office of the Mayor. Should the same be authorized, the person given such authority shall plant no less than ten (10) trees for every cut tree in the watershed or any place designated. Any person or business entity who violates this ordinance shall be fined not more than Php1,000.00 or an imprisonment for 6 months or both as ordered by the Court.

Section 30 . Tree Planting – different sites should be identified to include private barren/open land for tree planting activities.

However, Memorandum of Agreement should be contracted between the owner and the LGU. Identified sites: a.

The whole of Mt. Kapugan b.

Barangay Nagacadan c.

Barangay Bolog d.

Barangay Hucab e.

Special Economic Zone of Mappit f.

Indalmogan Watershed area / Forest Park g.

Riverside areas h.

Baguinge ( Ala) i.

Water Sources j.

All other barangays who are willing to do tree planting

Section 31.

Sources of Potable water – ( Atade, Bannun-Duit, Julongan, Malpao-Ambabag, Upper Poblacion, Tuplac).

Constant sampling and bacteriological sampling shall be conducted to determine its potability. Result of testing should be disseminated to all concerned agencies/individuals.

Section 32. Interim Guidelines Governing the Issuance of “Muyong” Resources Permit in the province of Ifugao–

Based on DENR Memorandum Circular No. 96-02 . For purposes of this order, muyong refers to a unique forest conservation practice within a small landholding in the cordilleras. The indigenous communities because of cultural heritage recognizes the biological and physical significance of muyong for their life sustenance and therefore managed to protect and conserve these areas against destructive human exploitation

ARTICLE IV

Section33. Environmental Symbols.

ECO-TOURISM

The Municipality of Kiangan hereby adopts the following symbols in order to give more meaning in the implementation of programs and projects geared towards the effective and efficient conservation and protection of the environment and will redound to an environment - friendly citizenry, to wit:

Municipal Tree - Alimit

Municipal Flower - Sunflower

Section 34.

Municipal Bird - Red Bird (Pitpit or Ido)

Kiangan Hymn. There shall be adopted the Kiangan Hymn to be rendered immediately after the singing of the national anthem and Ifugao Hymn.

.

Section 35. Greenbelt Areas. The municipal government shall maintain a municipal public plaza and encourage establishment of green belt areas. Every barangay and school shall construct and maintain a certain area as a green belt area.

Section 36. Open Spaces. The municipal government hereby supports the National Building Code and Urban

Development and Housing Act of 1992 that require proposed subdivisions and must reserve an area to be designated as an open space.

Section 37. Parks for Tourism. The municipal government shall designate park areas for tourism development.

Measures to maintain the ecological assets that form the very basis of the tourism industry’s existence shall be instituted. The no-littering ordinance in tourism-related areas shall be enforced without mitigations.

Section 38. Prohibited Acts on Parks and Tourism Areas. No person shall destroy the aesthetic value and structure of tourism areas. Picking of flowers and cutting of trees therein including the destruction or defacement of the natural structure of declared tourism areas and other detrimental acts that will cause the disturbance of the parks and tourism areas’ general serenity, is considered as vandalism and is punishable.

Section 39.

1.

2.

3.

4.

5.

6.

7.

8.

Tourism Areas.

Bagnit Water falls (Julongan)

Utu Water Falls

Considered as tourism areas are the following:

Inlayut Water Falls ( Ambabag )

Rock of Pumbakhayon (Pindongan)

Mount Pangaggawan and Caves (Bolog)

Kiangan Memorial Shrine (Linda, Poblacion)

Ifugao Museum (Linda, Poblacion)

9.

10.

11.

12.

Yamashita Surrender Site (Kiangan Central School, Poblacion)

Yamashita Trekking Trails (Kiangan-Hungduan-Mt. Napulawan)

Kiyangan Village (Hab ian, Mungayang)

Nagacadan Rice terraces (Nagacadan)

13.

14.

15.

16.

Bae Rice Terraces (Ambabag)

Imbuliklik Rock (Nagacadan)

St. Joseph’s Church & School (Pindongan)

Ifugao Academy & UCCP Church (Poblacion)

17.

18.

19.

20.

21.

Mount Kapugan view point (Ambabag)

Municipal Buildings / Compound (Poblacion)

Ibulao view deck

Ambuwaya lake

Rocks of Banbanilag ( Nagacadan )

Indalmogan eco-park

22.

Bokiawan Cave

Section 40.

Section 41.

Construction of Tourism Facilities. promotion and maintenance of tourism areas.

The municipal Government shall initiate the development,

Industrial Locations. No industries or factories shall be constructed within a one (1) kilometer radius from the center of the Municipality. Industrial location shall be governed by the existing ordinance on comprehensive land use and town planning. This is applicable to new establishments provided they complied with the requirements.

ARTICLE V

ORDINANCES RELATED TO

ENVIRONMENT

Section 42.Administrative violations. All acts or omissions as mentioned in the following ordinances shall be considered as administrative violations;

Section 42. Astray animal Ordinance. BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF KIANGAN NOT TO

ALLOW HAVING LOOSE ANIMALS ON PUBLIC GROUNDS, ROADS, STREETS and/or AT ALL OTHER

PLACES OUITSIDE OF ANIMAL OWNER’S PRVATELY OWNED PREMISES WHERE SUCH ANIMAL/S ARE

APT TO BE A THREAT AND MENACE TO THE GENERAL PUBLIC HEALTH, LIFE AND PROPERTY AND TO

IMPOSE FINES TO PERSONS WHOSE ANIMALS ARE FOUND AND CAUGHT LOOSE OR PROPERLY

IDENTIFIED BY ATLEAST TWO WITNESSES ON PUBLIC GROUNDS, ROADS, STREETS, AND OR AT ALL

OTHER PLACES OUTSIDE OF ANIMAL OWNER PRIVATELY OWNED PREMISES WHERE SUCH ANIMAL/S

AR APT TO BE A THREAT TO THE GENERAL PUBLIC’S HEALTH, LIFE AND PROPERTY IN VIOLATION

HEREOF.

A.

PROVISIONS

Section 1 – Animal/s as used in this Ordinance includes all: Horses, cows, carabaos, sheeps, goats, pigs, ducks, chicken and dogs

Section 2 – The word loose animals as used in this ordinance shall mean: a.

Any animal without rope or any other facility to keep it from freely roaming.

b.

Any animal be it with rope tied on its body or any part thereof but the other end of the rope id not tied to a secured object to keep it from freely roaming. c.

Any animal with or without rope allowed to roam without a watcher or caretaker nearby..

Section 3 - It shall not be allowed at al times to have or let loose animals on public grounds, roads, streets, and/or at all other places outside of animal owners privately owned premises where such animal/s are apt to be a menace to the general public health, life and property.

Section 4 – Under liability to the violation of this ordinance and the penalties hereof provided it shall be the duty of animal owners specifically of pigs, ducks and chickens id such pigs, ducks or chickens owner is living or raising such animal near public ground, roads, streets, and/or rice fields, gardens, farms, etc. to provide animal pens which are secure at all times and to enclose such pigs, ducks, and/or chickens inside said animals pens.

Section 5 - It shall be however unlawful and prohibited for the owner/s of the property/ properties and or crop/s damaged to inflict injuries or to kill out right the animal/s found within their privately owned properties and/or public ground, roads, streets, but rather to catch the animal/s or because of the impossibilities of catching the same for the owner/s to have the animal/s be properly identified by witnesses.

B.

VIOLATIONS AND PENALTIES

Section 1 – The owner/s of an animal/s that are found and caught loose on any public grounds, roads, streets and/or at all other places outside owner’s privately owned premises such as animals or apt to be threat and menace to the general public health, life and property shall be deemed to have violated this Ordinance and shall upon conviction by competent court be fined Php 1.00 to Php 10.00 per head of animal for each time of violation and such fine imposed to accrue to the

Municipal General Fund.

Section 2 – Any animal owner/s specifically of the pigs, ducks and chickens and such owner live or raise animals near public grounds, roads, streets, rice fields, gardens, and/or farms found to be without an animal pen to enclose such mentioned animals shall be deemed to have violated this Ordinance and upon conviction by competent court to be fined Php 2.00 to Php 10.00 in every case and such fine to accrue to the Municipal general Fund.

Section 3 – All animal/s found and caught loose in violation of this ordinance shall be impounded at the Municipal Building premises and the owner of such animal/s shall be made to pay an impounding fee at the rate of from Php 0.20 to Php

10.00 per day per head of animals.

Section 4 - In the barrios of Kiangan, all animal/s found caught loose in violation of this Ordinance shall be impounded within

Barrio Lieutenants premises and or at the place provided for such cases by the Barrio people and the owners of such animas shall be made by the Barrio people and the owner/s of such animals shall be made to pay Impounding fees at the rate provided in Section 3 hereof of violations and penalties.

Section 5 – No animal/s impounded for violation of this ordinance shall be released to its owner/s prior to the date of court rendering decisions and not after times and impounding fee are duly paid, provided however, that in case where animal owner/s put a deposit with the Municipal Mayor or Chief of Police, and/or with the Barrio Lieutenants in cases occurring in the Barrios of Php 2.00 to Php 10.00 per head of animal impounded and sign a statement of receipt of such impounded animal/s the impounded animals, may be released to its owners, such deposit to answer for fine in case of conviction and/or for the impounding fees.

Section 6 – Animal/s specifically the sheeps, goats, pigs, ducks and/or chickens found and caught loose in violation of this ordinance and impounded by the Municipal authorities or Barrio authorities if not claim after 20 days of impounding shall be declared astray animals and sold at public auction and the proceeds thereof accrue to the Municipal General

Fund minus impounding fee to be given or paid to undertaker.

Penalties for violation of Ordinance

ASTRAY ANIMAL 1 ST Offense

1. Large Cattle (Carabaos, Horses Php 100.00

2. Goats & sheep

& cows)

3. Dogs

100.00

100.00

2 ND Offense

Php 200.00

200.00

200.00

3 RD Offense

Php 300.00

300.00

300.00

4. Fowls (chicken, ducks & turkeys 50.00

Subsequent offenses shall be fined at Php 600.00 or imprisonment of not exceeding thirty (30) days or both at the discretion of the court.

Impounding Fees for any astray animal is Php 50.00/ day.

DAMAGES

1. Rice & Cornfields/sq. meter

2. Garden/sq. meter

3. Fruit Seedlings

4. Forest Seedlings

CARRIED

50.00

25.00

50.00

30.00

100.00

50.00

100.00

60.00

150.00

75.00

150.00

90.00

Section 43. MUNICIPAL ORDINANCE NO. 6, Series of 1992

AN ORDINANCE PROVIDING FOR THE RULES AND REGULATIONS IMPLEMENTING THE SANITATION

CODE OF THE MUNICIPALITY OF KIANGAN, PROVINCE OF IFUGAO.

Section 1.

DECLARATION OF POLICY – it shall be the policy of the Municipal Government of Kiangan, Province of Ifugao, to promote and safeguard the health and sanitation of its residents through the proper and safe disposal of its residential, agricultural and commercial areas, and preserve the comfort and convenience of its inhabitants.

Section 2.

DEFINITION OF TERMS – when used in this Ordinance: a.

Households – shall constitute all members of the family, including friends and relatives who reside in one (1) house. b.

Private Sanitary Toilet – Can be classified into a water sealed toilet or a sanitary pi toilet.

Sanitary pit toilets, which are more common in the area, should be air-tight and fly-tight, and should have the following dimensions: a.) Pit --- Three feet x Four feet x Six feet (3’ x 4 ‘ x 6’) b.) Hole --- Four inches x Eight inches (4” x 8”) c.

Hazardous Waste – shall mean waste whether in solid, liquid or gaseous form which contains highly toxic chemicals or elements such as arsenic, lead, mercury, phosphorous and other poisonous substances. d.

Local Government Unit – shall include provinces, cities, municipalities, barangays and other political subdivisions as provided for in Republic Act No. 7160, otherwise known as the Local Government Code of 1991.

Section 3.

EACH HOUSEHOLD IS MANDATED TO CONSTRUCT A PRIVATE SANITARY TOILET WITH THE

PROPER MATERIALS AND DIMENSIONS WITH IN ITS PREMISES FOR THE REGULAR USE OF ITS

MEMBERS

Section 4.

WASTE RECEPTACLES and DISPOSALS:

4.1) Each households should provide for waste receptacles or build a backyard waste disposal area with in its premises.

4.2) Local Government Units, in cooperation with socio-civic organizations, must also endeavor to furnish waste receptacles in public areas and establish waste disposal areas for the proper garbage disposal of the community.

4.3) no resident shall be allowed to throw garbage litter or trash in streets, canals, public places or any other area not designated for waste disposal. Likewise, under no circumstances shall any resident be allowed to throw garbage or trash within ten (10) meters of creek, rivers, or any source of drinking water.

Section 5.

HAZARDOUS WASTES – it is prohibited to store, transport or discard any hazardous and toxic waste within the

Municipality of Kiangan.

Section 6.

LIVESTOCK and POULTRY – households that raise livestock and poultry are obligated to erect the proper pen, coops or any housing for the animals. Piggeries must be supplied with the proper sanitary disposal pit or receptacle.

Section 7.

SEWERAGE and DRAINAGE – Local Government Unit in cooperation with the general public must build the proper drainage and sewerage system to avoid the build up of stagnant water which are breeding places and harborages of insects and vermin which are detrimental to health.

Section 8.

BUSINESS ESTABLISHMENTS:

8.1) The Mayor’s Permit to operate shall be issued to any manager/operator/chef/chooks and food handlers of food establishments only after a Health and Sanitary Certificates has been secured from the Municipal Health Office.

8.2) Every food establishment must have a comfort room.

8.3) Food establishments must always keep their working premises clean and sanitary.

8.4) Business establishments owners must store all their products and merchandise properly to prevent emission of obnoxious or injurious smell or vapor.

Section 9.

PENALTY. Any person or entity, juridical or otherwise, upon conviction of competent authority for the violations of the provisions of this ordinance, after having been given sufficient warning, shall be fined Two Hundred Pesos

(Php 200.00) for the first offense; Four Hundred pesos (Php 400.00) for the second offense; and Six Hundred pesos

(Php 600.00) for the third offense without prejudice to the revocation of the business license.

Section 10.

SEPARABILITY CLAUSE. If for any reason/s any part of this Ordinance be held invalid, other parts or provisions not affected thereof shall continue to be in full force and effect.

Section 44. ORDINANCE NO. 01

Series of 1999

ORDINANCE AMENDING CERTAIN PROVISIONS OF MUNICIPAL ORDINANCE NO. 01, SERIES OF

1997, OTHERWISE KNOWN AS THE “ORDINANCE REQUIRING ALL PERSONS ENGAGED IN

CONTRACTS FUNDED BY OR CHANNELED THROUGH THE MUNICIPAL GOVERNMENT OF

KIANGAN TO PLANT TREES BEFORE COLLECTING DUE PAYMENTS.

MUNICIPAL ORDINANCE NO. 1, SERIES OF 1997

Section 1 – TITLE – this ordinance shall be known a the

“Contractors Tree Planting Ordinance of 1997”

AMENDED ORDINANCE NO. 1, SERIES OF 1999

Section 1 – This ordinance shall be known as the

“Contractors Tree Planting

Ordinance of 1999:.

Section 11 – DECLARATION OF POLICY – it shall be the policy of the Municipal Government to assist the DENR in its programs specially in protection, conservation and rehabilitation of forest lands and shall promote and encourage community involvement in the attainment of a clean and green environment and development that is sustainable to ensure that future generations will have a better place to live in.

Section II – Same provision.

Section III – DEFINITION OF TERMS:

Section III – DEFINITION OF TERMS – as used in this ordinance, the following terms shall mean; a.

Contractor – any person, partnership, association or entity engage in any contractual undertaking or service for a fee or price. Contractors shall include general engineering, general building and specialty contractors and persons engaged in the installation of water systems. Suppliers of construction materials or offices supplies are exempted. a.

b.

c.

Same provision

Same provision

Same provision d. Contracts – includes all contracts funded by the

20% municipal Development Fund and the 5%

Calamity Funds b.

Illegal cutting - Gathering and or collecting of Timber.- the unlawful cutting, gathering or collecting of timber and other forest products from any forestland without permit or license c.

from the DENR.

Conservation – the preservation of natural resources for economical use or preservation of forests.

Section IV – GENERAL PROVISIONS:

Section IV – GENERAL PROVISIONS: a.

b.

Same provisions

Same provision a.

All contractors are required to plant trees before the start of the project to ensure that the seedlings planted are given a number of days for survival. The numbers of seedlings to be planted shall be based in the contract amount to wit:

1.

Php 1,000.00 or more but less than 10,000.00 – 5 seedlings

2.

3.

4.

10,000.00 or more but less than 15,000.00 – 7 seedlings

15,000.00 or more but less than 20,000.00 – 10 seedlings

20,000.00 or more but less than 50,000.00 – 15 seedlings c.

For the barangay with limited space, the contractor maybe allowed by the Municipal Engineer to plant in any designated place in adjacent barangays.

The seedlings when planted should be fenced at lest two to three inches diameter wood sticks or bamboo slats to be pegged at three corners to serve as marker and protection AND must be watered if needed so as to ensure its viability

5.

50,000.00 or more but less than 100,000.00 – 20 seedlings

6.

100,000.00 or more but less than 200,000.00 – 25

7.

seedlings

8.

200,000.00 or more but less than 500,000.00 – 30 seedlings

9.

500,000.00 or more but less than 1,000,000.00 – 40 seedlings

10.

1,000,000.00 up - - - - - - - - - - - - - - - - - - - - - 50 seedlings b. As part of the contract agreement, the contractor is required to sign an agreement that he will plant trees in accordance to the ordinance no. 1 series of 1999 known as the contractors tree planting ordinance.

C.

The seedlings shall be planted within the barangay where the projects is to be implemented specially along barangays roads, trails, school tree farms, or any provincial road located within any barangay.

D.

For barangay with limited space, the contractor maybe allowed by the municipal Engineer to plant in any designated place in adjacent barangays.

The seedlings when planted should be fenced with at least three to two inches diameter wood sticks or bamboo slats to be pegged at three corners to serve as marker and protection.

Seedlings shall be purchased from the municipal nursery or from the barangay nursery where the project was implemented at the contractor’s expense. In case seedlings are not available, the contractor may be allowed to buy from any source.

E.

The inspectorate term shall see to it that the contractor faithfully complies with the provisions of 1 & 2 of Section IV.

F.

The Municipal Engineer, being a member of the inspectorate team shall prepare along with the other documents, the certificate of compliance and attested by the Barangay Captain concerned, without which will constitute a ground for the non- payment of the contract.

G.

The municipal Account shall counter check and requires the certificate of compliance duly signed by the Municipal

Engineer and the Barangay Captain before the preparation and signature of Vouchers.

Section V – PENALTY CLAUSE

Any contractor who willfully violates the provisions of the

Ordinance shall never be allowed to undertake contractual work from the Municipal Government. In the same way, personnel of the municipal government who allows the collection of contract payment in violation to provisions of this ordinance shall be charged administratively.

Section VI – IMPLEMENTATION SCHEME.

The Municipal Engineering Office, the Municipal

Accounting Office and the members of the inspectorate team are hereby mandated to strictly enforce the provisions of the ordinance. d.

The members of the inspectorate team shall see to it that the contractor

faithfully complies with the provisions of Sub

Section 1,2 and 3 of Section 4. e.

The Municipal Agriculture Officer or his duly designated representative, being a member of the inspectorate team shall upon inspection, make the certification as to whether the contractor has complied with or not the provisions of the ordinance. The absence of this certification constitutes a ground for the non-payment of the contract. f.

The Municipal Accountant shall counter check and require the certificate of compliance duly signed by the Municipal Agriculture Officer before the approval and release of disbursement Vouchers of contracts and affected by this Ordinance.

-

Section VI – IMPLEMENTING SCHEME:

The Municipal Engineering Office, The

Municipal Agriculture Office, the Municipal

Accounting Office and the members of the inspectorate to strictly enforce the provisions of this Ordinance.

The Municipal Engineering or representative AND The Local Chief

Executive or Representative shall before the bidding or awarding of contracts, inform would be contractors on the nature of this Ordinance.

The Municipal Engineer or any representative shall before the bidding or awarding of contracts, inform wouldbe contractors on the nature of this ordinance.

Section VII – REPEALING CLAUSE – any existing Ordinance part/s thereof which are inconsistent with any provision of this ordinance are hereby repealed or modified accordingly.

:

Section 45. MUNICIPAL ORDINANCE NO.4, Series of 1999

Section 1 – This Ordinance shall be known as the “Anti – pasturing Ordinance of Kiangan, Ifugao Province”.

Section II - STATEMENT POLICY – it shall be the policy of the Municipality Government of Kiangan to protect and preserve the natural resources and maintain, and support the clean and green program of the government.

Section III - DEFINITION OF TERMS: a.

Animals – shall mean carabaos, cows, horses, pigs ,goats and dogs b.

Roads – shall mean national roads, provincial roads, municipal roads and barangay roads. c.

Pasture – means tying or letting animals go freely d.

Trees – includes mahogany, G – Melina and other kinds of trees including fruit trees. e.

Pathways – shall mean any footpath whether concrete or not.

Section IV – GENERAL PROVISIONS: a.

It shall be prohibited for any person to pasture or tie any animal along roads, pathways, parks, plazas and school grounds. b.

Animals pastured or tied along roads should have a distance of at least 5 meters away from the shoulder of the road or 5 meters away from any tree or plant planted along road.

Section V – PENALTY CLAUSE: a.

Any animal caught pastured the road, pathways, parks, plazas and school grounds shall be immediately apprehended and the owner shall perform the necessary community services as follows:

1.a

First Offense – supervised cleaning and planting of Ten (10) mahogany or G-Melina seedlings along the road or pathways wherein his animal was pastured.

1.b

Second Offense – supervised cleaning and planting of forty-(40) mahogany or G-Melina seedlings along the road or pathways wherein his animal was pastured.

1.c

Subsequent Offense – supervised cleaning and planting of 50 seedlings along the road or pathway his animal was caught.

Section VI – IMPLEMENTATION SCHEME: a.

The Office of the PNP, Kiangan, Ifugao is hereby mandated to spread head this ordinance and to conduct regular monitoring along the roads, parks, plazas and school grounds. b.

All barangay officials shall be responsible for the implementation of the provisions of this ordinance in their respective barangays.

Section 45. MUNICIPAL ORDINANCE NO.01, Series of 2000

:

AN ORDINANCE PROTECTING THE BODIES OF WATER WITHIN THE MUNICIPALITY OF KIANGAN

AND PROVIDING PENALTIES THEREOF .

Section. 1 – TITLE – this ordinance shall be known as the Water Protection and Anti-Water Pollution and contamination

Ordinance of Kiangan, Province of Ifugao.

Section II - STATEMENT OF POLICY – the Municipal Government advocating and spread heading sanitation programs, environment – friendly practices and sincerely encouraging the protection and conversation of our natural resources shall at all times be in the forefront in the implementation of the policies pertinent to the protection of its waters for the welfare of the municipality as a whole.

Section III – DEFINITION OF TERMS – as provided for in this ordinance, the following terms mean: a.

Bodies of Water – shall include rivers, lakes, lagoons, streams, springs, creeks, and brooks.

b.

Garbage – all unwanted human and animal matters and other refuse that may be biodegradable and non-biodegradable. c.

Biodegradable – matters undergoing decomposition by the action of bacteria and micro-organisms. d.

Non-biodegradable – matters not subject to decay or decomposition. e.

Toxic Substances – generally means matter and substances that are poisonous. f.

Illegal Fishing – the procurement, gathering or harvesting of water products by unconventional means such as dynamite fishing, use of insecticides and pesticides and electrical fishing gadgets; g.

Water Structure – includes water control embankments, diversion canals, irrigation canals, drainage canal and other structural installation within bodies of water that serves specific beneficial purposes.

Section IV. – GENERAL PROVISIONS: a.

It shall be prohibited to any person to dump or dispose his garbage along municipal roads or any public places and within bodies of water such as rivers, lakes, creeks, brooks, streams, springs and lagoons. b.

It shall be prohibited to any person to gather water products through non-conventional methods such as the use of blasting insecticides, pesticides, poisonous barks of trees and vines or any electrical gadget fishing. c.

It shall be unlawful and prohibited to any person to destroy water structures not authorized by the municipal government. d.

It shall be prohibited for a person to establish, construct and install cemeteries, wastes disposal pits and the like, which will result to water pollution and contamination.

Section V – PENALTY CLAUSE:

Any person caught in the act of or proven by eyewitnesses dumping his/her garbage in public places, along roads and roads right of way areas, in bodies of water and its immediate vicinity shall be apprehended by the Philippine National Police –

.

Kiangan Station docketed in its records and shall perform the following; a.

For the first offense, shall collect dumped garbage, bring it to the designated garbage disposal area and pay a fine of TWO

HUNDRED PESOS (Php. 200.00). b.

For the second offense, he shall collect the dumped garbage, bring it to the Municipal Garbage disposal area and pay a fine of FIVE HUNDRED PESOS (Php. 500.00). c.

For the third offense, he shall collect the dumped garbage, bring it to the Municipal Garbage area and, pay a fine of ONE

THOUSAND PESOS (Php. 1,000.00) and perform community service for Five (5) hours. d.

Offenders acting in contempt by willfully refusing to pay the corresponding fines shall be properly charged in court. e.

Other prohibitions as offense as cited in Articles 2, 3 and 4 of P.D 1067 or the Water Code of the Philippines shall be recommended for apprehension and detention for prosecution and dispensation of penal laws.

Section VI – IMPLEMENTATION SCHEME: a.

The Office of the Philippine National Police – Kiangan Station is hereby empowered and solicited full cooperation in the implementation of the prescription of this ordinance to conduct routine inspection on strategic habitual dumping areas along the municipal roads and conduct investigation and arrest culprits. b.

Barangay Officials of Kiangan are hereby mandated and equally responsible to conduct inspection in their area of responsibility, thoroughly investigates offenders, report or surrender violators to the Philippine National Police for the proper dispensation and administration of the prescriptions of this ordinance. c.

All citizens in their respective barangays are hereby ardently asked and requested of their brave and conscientious sense of responsibility to be vigilant and report irresponsible person indiscriminately dumping their garbage within bodies of water, along roads and places other than barangay garbage pits and municipal garbage disposal area.

Section 46. MUNICIPAL ORDINANCE NO.02, Series of 2000

AN ORDINANCE MANDATING THE PRESERVATION, PROMOTION AND ENHANCEMENT OF THE

TRADITIONAL FARMING SYSTEMS AND ENVIRONMENT – FRIENDLY TECHNOLOGY IN THE RICE

TERRACES OF THE MUNICIPALITY OF KIANGAN, PROVINCE OF IFUGAO.

Section I – TITLE – this ordinance shall be known as an Ordinance mandating the preservation and promotion of native rice.

Section II – STATEMENT POLICY – it shall be the policy of the Municipality of Kiangan and its functionaries to formulate policy trust, allocate material and human resources and implement programs and projects that preserves and enhance the indigenous agricultural systems of the Ifugao tribes in Kiangan, Ifugao.

Section III – DEFINITION OF TERMS – a.

Rice-Fish Culture – growing/raising of rice and fish respectively in the same paddy/area at the same cropping period b.

Native Rice – indigenous Ifugao rice variety c.

High Yielding Variety – variety of crop developed/produced by researchers producing high yield d.

Grains Program – projects and activities designed to enhance and promote maximum grain production e.

Integrated Pest Management (IPM) – agricultural production technology that practice the use of organic fertilizer with less chemical fertilizer as supplement preservation of beneficial insects to counter pest and Zero or selective use of pesticides but produce maximum crop yields

f.

Bio organic framing – a way of life in a natural environment, eating organic foods and farming with zero use of synthesized fertilizers and animal feeds including pesticides g.

Rice terraces – terraced paddies devoted to the production of palay.

Section IV – PROMOTION OF THE TINO – ON OR NATIVE RICE VARIETY. a.

The development imperative of the agricultural grains program of Kiangan will be higher idle elevation areas of the municipality such as barangays Nagacadan, Julongan, Lingay, Bokiawan, Dalligan, Tuplac and Duit. b.

In order to increase the commercial viability of rice terraces, a two cropping system will be advocated wherein traditional rice will be planted during the first cropping while yielding varieties will follow in the second crop. c.

A rice-fish culture program will be promoted in these areas to augment income coming from the rice terraces. d.

A minimum of 75% of the resources allotted yearly for the grains program of the Municipal Agriculture Office, whether they are local resources or nationally funded programs shall be geared towards the development of the above-mentioned programs. e.

A minimum 25% share of the resources allotted yearly for livelihood assistance whether they are locally or nationally funded programs shall be given to groups and individuals promoting native rice varieties and traditional farming

Section V – ADOPTION OF THE INTEGRATED PEST MANAGEMENT AND BIOORGANIC FARMING

TECHNOLOGY :

Wherever feasible, the IPM approach in pest control shall be promoted likewise; bio-organic farming technologies shall be promoted and adopted in the rice terraces of Ifugao.

Section VI – Rice Harvest “BAKLE” and other feast, rites and rituals that promote indigenization of the agricultural systems of

Kiangan will be encouraged, if funds are available, resources for the conduct of the BAKLE will be allotted yearly.

Section VII – SUPPORT SERVICES: a.

The Municipal Agriculture Office shall endeavor to provide technical assistance in the preparation of the traditional rice varieties to cropping system and rice fish culture, together with the Municipal Social Welfare and Development Office, the populations’ office and other partner agencies, the MAO will facilitate the organization of the farmer’s organization in these areas. b.

Prioritization of livelihood projects for farming communities propagating the traditional rice varieties shall be enforced to grant extra income to farmers during idle months.

c.

Livelihood projects to be established preferably shall be culture based and environmental-friendly such as rice wine making, loom weaving and basketry;

Section VII – A SUB-COMMITTEE in the Municipal Agriculture and Fisheries Council (MAFC) shall be constituted to undertake the Following: a.

Formulate a development plan for the promotion of the traditional farming system and preservation and enhancement of the rice terraces in targeted barangays. b.

Spread head an education campaign in the farming communities of Kiangan for them to embark practical agricultural technologies of the traditional rice farming system of Ifugao; c.

Coordinate a multi-agency effort to implement the development for the agricultural farming development plan and the economic amelioration of the upland communities living in the terraces; a.3. ) Municipal Social Welfare and Development Office a.4. ) Representative of the Ifugao Rice Terraces Task Force a.5. ) Two member of the MAFC b.

The municipal Agriculture Office shall provide technical assistance to the subcommittee particularly in suggesting rice varieties to be propagated and planted and harvest schedules to be adopted.

Section VII – CREATION OF SUB COMMITTEES: a.

The subcommittee shall be composed of the following: a.1. ) Municipal Agriculture Office a.2. ) Liga ng mga Barangay

Section IX - IMPLEMENTING CLAUSE:

It shall be duty of the Office of Municipal Mayor, Sangguniang Bayan, Municipal Agriculture and Fishery Council

(MAFC), Barangay Officials, subcommittees and Native Rice Association to implement this ordinance.

Section 47. ORDINANCE NO. 03, Series of 1994

AN ORDINANCE PROHIBITING THE THROWING OF GARBAGE, LITTER, RUBBISH AND TRASH IN PUBLIC

PLACES WITHIN THE MUNICIPALITY OF KIANGAN, PROVINCE OF IFUGAO AND PROVIDING PENALTIES

THEREOF.

Section 1. - TITLE – this ordinance shall be known as the “Anti-Littering Ordinance of Kiangan, Ifugao province.”

Section II. - STATEMENT OF POLICY - it shall be the policy of the Municipal Government of Kiangan to Maintain cleanliness and sanitation at all times in all public palaces of the municipality.

Section III. - DEFINITION OF TERMS:

1.

Public Places – shall include public palaces, roads, streets, rivers and streams, canals, markets, schools, public buildings and their premises.

2.

Garbage – shall mean refuse, table waste, or any worthless, offensive or inferior matter;

3.

Litter – Articles scattered in slovenly manner; scattered rubbish;

4.

Rubbish – debris, trash, waste, or rejected matter;

5.

Community Service – the performance of supervised activities in relation to the attainment of certain goals and objectives.

Section IV.

- GENERAL PROVISIONS.

1.

It shall be prohibited for any person to throw or dispose of any kind of garbage, litter, rubbish, or trash in any public place within the Municipality of Kiangan other than in trash boxes, garbage cans/pits or other disposal units provided for the purpose.

2.

All owners of stores, eateries, shop and other business establishments shall provide garbage cans or trash boxes in convenient places with in their establishments for the proper collection and disposal of refuse, table waste, wrappers, peelings, debris and other rejected matter.

3.

Jeepneys, tricycles and other conveyances operating within the municipality shall provide trash containers in their vehicles for the collection of litter and trash thrown away by passengers.

4.

School administrators shall be directly responsible for the maintenance of cleanliness and sanitation within and around their school premises and along roads and streets near their institutions.

5.

Spitting, being unsanitary and a health hazard, betel-chewing individuals are prohibited from indiscriminately egesting their sputum in public places, particularly in roads, streets and public market.

Section V.

- PENALTY CLAUSE.

1.

Any person caught violating any provision of this shall immediately be apprehended, docketed in the records of the

PNP, Kiangan Station, and perform the necessary community service, as follows:

1.

A) - First Offense – Picking and disposing of garbage litter or refuse matter strewn by the violator with stern warning. Or a fine of P50.00

1. B) – Second Offense – Supervised cleaning of roads, streets, canals and plazas for not less than two (2) hours or a fine of P100.00

1. C) – Subsequent Offense – Supervised cleaning of roads, streets, canals, and other public places for not than four (4) hours. Or a fine of P400.00

2.

Owners of stores, eateries, shop and other establishments and operators of Jeepneys, tricycles and other public conveyances found not have provided the necessary garbage and trash receptacles in their establishments and vehicles shall, aside from being subjected to the provisions of the preceding Sub-Section (1) hereof, be immediately directed to provide the said receptacles, without prejudice to the cancellation of their license/franchise, as the case may be, for non-compliance hereof.

3.

Minors (Children up to seven (7) years old) caught littering shall be sternly warned and referred to their parents for guidance and discipline.

Section VI.

- IMPLEMENTING SCHEME.

1.

The Office of the PNP, Kiangan Station, is hereby mandated to enforce strictly the provisions of this ordinance and to conduct regular inspection on all business establishment and vehicles. As may be practicable, details may be assigned to strategic places particularly along roads and streets, public market and plazas, and in the educational institutions within the municipality.

2.

All Barangay Officials shall be held responsible for the implementation of the provisions of this Ordinance in their respective barangays. For this purposes, records of violations shall be kept in the Barangay Files and copies of the same forwarded to the Office of the PNP for proper docketing. Performance of the community service as provided in

Section V (Penalty Clause) of this Ordinance shall be done in the4 Barangay.

3.

Heads of educational institutions are enjoined to incorporate in their school programs, study, review and continuous implementation of this ordinance.

Section 48. MUNICIPAL WASTE ORDINANCE NO. 01

Series of 1995

AN ORDINANCE PRESCRIBING GARBAGE COLLECTION FEE FROM RESIDENTS IN AREAS COVERED BY

THE GARBAGE COLLECTION SCHEME OF THE MUNICIPAL GOVERNMENT OF KIANGAN, PROVINCE OF

IFUGAO.

Section1.

- TITLE: This ordinance shall be known as the “MUNICIPAL WASTE MANAGEMENT ORDINANCE NO.

01, series of 1995” of the Municipality of Kiangan, Province of Ifugao.”

Section 2. - DECLARATION OF POLICY: It shall be the policy of the municipal government of Kiangan to collect reasonable minimal fees for the maintenance of cleanliness and sanitation in conjunction with the “CLEAN AND

GREEN” program of the government.

Section 3.

- BASIC: This ordinance is based on the results of the public hearing on waste management conducted on

September 24, 1995 at the OLD PANAMIN BUILDING.

Section 4.

- DEFINITION OF TERMS: As provided for in the Ordinance, the following terms shall mean: a.

Degradable – Any refuse that can be decomposed such as leaves grasses, vegetable, manure, etc. b.

Non-degradable – Any refuse that cannot be decomposed such as broken glasses, bottles, cans, G.I. cuttings, cellophanes, etc. c.

Fee – any amount to be paid by concerned residents in areas covered by the municipal garbage collection.

Section 5.

IMPOSITION OF FESS: a.

There shall be imposed a monthly garbage fee of THRIRTY PESOS(P30.00) on restaurants, stores, bakeries and rice meals for degradable and non-degradable refuse. b.

A monthly garbage fee of TWENTY FIVE PESOS (P 25.00) shall be collected from private residents in areas covered by the garbage collection scheme.

Section 6.

ADMINISTRATIVE PROVISIONS: a.

Each household shall provide refuse containers/sacks placed visibly in front the house. b.

The municipal government shall assign employees to collect garbage for disposal at the municipal garbage pit. c.

Collection of garbage fees shall be undertaken by the Municipal Treasury Office in the same manner as the collection of water bills.

Section 7.

PENALTIES. - Non-payment of prescribed fees shall mean non-collection of refuse from the same.

Section 49. MUNICIPAL ORDINANCE NO. 01, Series of 1996

.

ORDINANCE ENACTING ZERO WASTE MANAGEMENT ORDINANCE NO. 01, SERIES OF 1996 OF THE

MUNICIPALITY OF KIANGAN, IFUGAO.

Section 1. TITLE – this ordinance shall be known and cited as the Zero Waste Management of Kiangan, Ifugao .

Section 2. COVERAGE – this ordinance shall apply to all residential houses: commercial establishments such as hotels, restaurants, cinema houses, slaughterhouses, public markets, department stores, groceries; institutions like hospitals, funeral houses, schools, churches, public and private offices, industrial establishments like factories, plants and other establishments of any kind; and agricultural areas.

Section 3. PURPOSES – this ordinance is enacted for the following purposes: a.

To guide, control and regulate the generation, storage, collection, transportation and disposal of solid wastes, and to promote an orderly and sanitary system. b.

To enhance the total environment through the necessary control and mitigation of negative environmental impacts of solid wastes; c.

To promote and protect the health, safety, peace and convenience and general welfare of the inhabitants; and d.

To minimize the generation of solid wastes and maximize possible resources recovery/recycling and utilization by:

ï‚·

Maximizing the use of goods and consumption of foods.

ï‚·

Allocating fair inputs in the production of goods, foods and services;

ï‚· Encouraging the salvaging of possible “recoverables” from solid waste to re-use or recycling back to production process:

Section 4. GOAL – the primary goal of this ordinance is to enhance ecological balance of the community through sustainable and integrated Zero Waste Management.

Section 5. OBJECTIVES - the objectives of this ordinance are as follows: a.

To ensure round the clock cleanliness through orderly Zero Waste Management. b.

To cease and desist from the utilization of open garbage dumps which serves as breeding of insects causing disease, foul odors and harmful fumes; emit greenhouse gases which contribute to global warming and thinning of the Ozone layer, generate “leachats” which pollutes soil and water resources, and create unhealthy scavenging activities; c.

To eradicate unsightly, uncovered overflowing waste containers in streets, public places and open space; d.

To maximize and optimize sanitary recovery for feeds, fuel, material, energy, etc; and

e.

To minimize pollution arising from harmful gases, smokes, particulates produced by needless burning or dumping; polluted runoff into water sources or supply and hazardous substances:

Section6. DEFINITION OF TERMS – as used in this Ordinance, the term: a.

Biodegradable refers to any material that can be reduced into finer particles (degraded or decomposed) by microbiological organisms or enzymes. b.

Biogas digester means the “poso negro” Taiwan type or the above – ground portable Valderia Model. Biogas is a mixture of methane, carbon dioxide and traces of inert gases produced by the fermentation of animal manure or organic waste in an airtight digester chamber. c.

Compost is decayed organic material for use as soil conditioner or fertilizer: d.

Composting is a biological degradation under controlled conditions; the process of making biodegradable such as food waste, into compost by mixing them with soil, water, biological additives/activators(optional) and air; e.

Domestic waste is the refuse from households, as distinguished from industrial waste, agricultural waste, hospital waste, etc. which may be classified as biodegradable (compostable) on non-biodegradable (non-compostable); f.

Enzymes means the protein produced by cells, with substances to initiate or accelerate chemical reactions in plants or animal matter, acting like an organic catalyst; g.

Factory returnable are non-biodegradables such as tin cans and metals; bottles and glasses, including broken pieces, and plastic, Styrofoam, rubber, dry paper, dry arc board, dry cloth fibers, leather, hard shells, hard bones, etc.; which are segregated in separate containers or placed in one sack (cans, bottles, containers already rinsed) and are sold or given away to collectors; h.

Feed material are food wastes, peelings, veggie trim, fish entrails, fowl innards, spoiled fruits, leftovers, egg shells, rice, fish, meat, washings, etc. that should be collected and kept in covered containers as hog, chicken, duck, pets, fish or pets feeds; i.

Fermentables refers to fruit peelings, spoiled or over-ripe fruit, juices, etc., are made into vinegar, wine or “nata de coco”, “nata de pina”, etc.. j.

Fertilizer materials are compostables or biodegradables such as garden waste (leaves, twigs, weeds,), animal waste

(manure, carcasses), human wastes (feces, urine, blood), soil wipes, pads’ diapers without plastic portions etc.., are made into compost for organic gardening; k.

Filling materials may be compacted, and mixed with rice chaff and binders for appropriate construction projects: l.

Fine crafts are non – biodegradables which could be used as materials for handicrafts, cottage industries, art works, cottage industries, art works, toys, and other, livelihood projects such as paper Mach, paper basketry, tin craft, metal craft, plastic twine or rope braids, feather crafts, wooden crafts, even “lahar” craft, Styrofoam melted in small amount of gasoline solvent provides cheap glue of binder for many of the projects; m.

Food material includes certain kinds of seeds pulp, peelings that are made into pickles, “sweets” or candies or snacks. n.

Functional facilities or equipments are equipments or facilities devised or created from discards, throwaways, junk, scraps, e.g. chairs, tables, doormats, play equipments from tires, roofing from milk cans, flower pots, “planter” from plastic bag, sacks, containers, etc. o.

Green charcoal is another term of fuel or gas charcoal, manufactured from compostable, organic, cellulotic material with the use of enzymes to break down the ligning or binding material, after which it is modified and, dried then used in charcoal-fed stoves; p.

Hazardous wastes are special types of wastes containing chemical, biological, and radiological elements which are harmful to human health; q.

Incineration is controlled process in which combustible wastes are burned and changed into gases and residues that contain little or no combustible materials; r.

Landfill lechate is the downward seeping of water through the landfill carrying with it the dissolved water-soluble contents of the waste which may be collected by the underground drainage or water system; s.

Putrescible is the substance that composes at a certain temperature in contact with air and moisture generally containing nitrogen: t.

Recycling means the reuse, retrieval recomission of element or matter for any all purposes necessary healthful and productive living; the process by which waste materials are transformed into new products in such a manner that the original products may lose their identity: u.

Resource recovery is the extraction of materials or energy from wastes; v.

Solid wastes include anything thrown away such as garbage, rubbish, thrash, litter, junk, and refuse from any source

(homes, business, firms, industries, or institutions); discarded material with sufficient liquid, wastes resulting from domestic, commercial, agricultural and industrial activities which can be divided into several components under two broad categories:

ï‚·

Bio-degradable – compostable – putrescible.

There are four (4) groups of waste under this category such as:

1.

Food (cooking) waste or kitchen waste: peelings, leftovers, vegetable trims, fish, fowl, Meta, animal entrails, innards, cleanings, soft shells, seeds, etc..;

2.

Agricultural (garden) waste: leaves, flowers, twigs, branches, stems, roots, trimmings, weeds, seeds inedible fruits, etc.;

3.

Animal wastes, manure, urine, carcasses, etc.;

4.

Human wastes: excreta, soiled pads, sanitary napkins, etc..

ï‚·

Non-biodegradable – compostable – putrescible.

4.

bones

There are seven(7) groups of wastes under this category:

1.

Metals, tin, cans, aluminum, iron, lead, copper, silver, etc.;

2.

Glasses, bottles, culets(broken glasses( sheets, (shards) minors, bulb, etc.;

3.

Plastics, polyethylene (bags), polypropylene (straws, jute, sacks, containers), polyvinyl (tubes, pipes, linoleum), polyacetate (fibers, cloth, rayon), etc.;

4.

Papers, dry papers, cardboards, etc.;

5.

dry processed fibers, cloth, twine, etc.;

6.

hard shells;

7.

rocks; w.

Solid Waste Management is the purposeful and systematic control of the generation, storage collection, transport, separation, processing, recycling, recovery, and final disposal of solid wastes; x.

Sorting at source is the segregation or separation of waste at the point of generation or at the very place where they are produced, into biodegradable an non-biodegradable: y.

Recycling of domestic waste refers to the full utilization of domestic waste into factory-returnables (around 50-60%), fertilizer (about 30%), fuels, fine crafts, fermentables, etc. With little left for filling material. (Proportions vary with the kind of community; the more affluent, the more factory returnables). These include both man-devised and nature – designed recycling z.

Zero Waste Management system is an ecological method of handling waste that do not degrade the environment nor pollute the air, water and soil, and facilitates their sanitary retrieval, re use or recycling.

Section 7. WASTE GENERATION AND STORAGE –

(1.) Residents shall learn the two (2) kinds of wastes shall be stored and segregated at the site or place where they are generated: (biodegradable and non-biodegradable) a.

The concerned residents shall ensure that the generated solid waste shall be properly separated in three (3) enclosed containers for the recoverable, leftovers, compostables and others. The leftovers or kitchen refuse shall be either be given to the animals as feeds or stored temporarily for composting or biogas production; b.

Residents shall choose proper containers such as cans, sacks, bags, bins, etc. that will facilitate sanitary, efficient handling storage collection, transport or disposal at least cost, food waste shall be placed in covered cans and bags; and the non-compostables in either sacks, bags, or boxes; c.

Public through fares and grounds in front or in the vicinity of residential houses shall be kept clean and tidy by the owners or lessees of the houses or buildings at all times; and d.

Trees, shrubs and other vegetation within the vicinity of the residence shall regularly cared for and maintained to minimize generated wastes, yard wastes and unpleasant sights;

(2.) Waste storage in commercial areas, including markets or areas shall be done as follows: a.

Storage containers for segregated commercial wasted shall be communal or individual with cover pending on the location and transport process; b.

The enclosed communal receptable possibly on wheels shall be located along the collection route where the generated wastes shall be brought and stored be brought and stored by the stall lessees; c.

The lobby and fronting sidewalks or immediate ground of commercial establishments shall be maintained clean and presentable by the owner, operators, or lessees of the establishments, e.g. shops, stalls, stores, restaurants, eateries, carinderias, barber shops, beauty parlors, recreational and entertainment facilities like theaters, billiard halls, folk house, beer gardens, discos, cocktail lounges, dancing halls, cabarets, bistros, etc; and d.

The fronting sidewalks and immediate areas of stalls and open spaces of markets shall be kept clean and orderly by the lessees of the said stalls or space at all times;

(3.) Waste storage in institutional or industrial areas shall likewise be done, as follows; a.

The head of any institutional or industrial firm shall ensure the proper and hygienic storage generated and segregated wastes in receptacles or containers which shall be situated along collection routes: b.

Hazardous wastes shall be stored safely in good, durables and duly covered receptacles which should be located in a secured and distant site, prior to final collection and disposal; c.

The head of any institutional or industrial firm or establishment shall secure the cleanliness and orderliness of the facilities, yards and its fronting sidewalks and streets; and d.

Hazardous wastes (chemical, biological, and radio active substances) shall be stored, collected and transported, and disposed of in accordance with applicable laws, guidelines, rules and regulations of the environmental Management Bureau (EMB-DENR), Department of Health (DOH) and the Philippine Nuclear

Research and Institute (PNRI);

(4.) Homogenous agricultural wastes, i.e., rice straws, corn cabs; leaves, animal manure, etc. shall be properly stockpiled or stored by the concerned farmer.

Section 8. LITTERING AND SCAVENGING – no person shall litter, scatter or scavenge solid waste in the streets, highways, sidewalks, vacant lots and other public areas, i.e., parks, playgrounds, rivers, etc. Solid waste shall include, among others, cigar or cigarette buts, boxes, packages, candy and bread wrappers, match sticks, disposal diapers, food packages, etc.,

Section 9. WASTE PROCESSING AND RESOURCES RECOVERY –

(1.) In residential areas:

(2.) a.

Segregated recyclables shall be properly stored before collection. These recyclables shall be separately and brought to recycling areas, eco centers or junk dealers. b.

Local waste management shall be designated in every barangay who shall oversee the collection of recyclables and shall be responsible in coordinating with accredited dealers or manufacturers of recycled products; c.

Food and kitchen refuse shall be collected as fodder or feeds for animals. Those portions that are not suitable as fodder shall be composted; and d.

Residents shall avoid open burning and dumping adopt recycling, practicing and F’s scheme (feed, fermentables, food and fuel). Fuel materials from households waste consist of two (2) kinds :

(i.). firewood materials, such as twigs, branches, leaves, husks, shell, cobs, chaff, sawdust, wood shavings, solid papers, stalk, etc. and

(ii.) Flammable gas biodegradable materials into biogas digester.

Waste processing and resource recovery in commercial areas shall be done as follows: a.

Segregation of wastes from commercial areas (shopping malls, restaurants, commercial complexes,

(3.)

(4.) recreational centers, etc.) shall be mandatory before the issuance or renewal, of business permits; b.

Markets or arogas shall adopt segregation scheme that will facilitate the segregation or recyclables, food or vegetable waste, non – recyclable, etc.; and c.

Food wastes from commercial centers, e.g., food centers, restaurants, canteens, etc., shall be collected as fodder or animal feeds and shall be disposed to sewers;

In industrial or Institutional establishments: a.

Segregation of biodegradable or compostable and non-biodegradable or non-compostable wastes shall be performed to avoid foul odors proliferation of files; b.

Schools, both private and public shall adopt appropriate resources recovery and recycling strategies; and c.

Hazardous wastes shall be incinerated on, after getting assistance or guidance from concerned agencies:

Agricultural wastes, e.g. rice straws, corn, cabs, etc. shall not be burned but shall be stockpiled in a proper location and composted. Animal manure can also be composted or used for biogas production;

Section 10. COLLECTION AND TRANSPORTATION OF SOLID WASTES:

(1.) For residential areas: a.

The concerned residents shall ensure that the solid waste are brought out in front of his gate or door and along the collection route of the vehicle or cart during the collection period; b.

The concerned resident shall report to the Office of the Municipal Health Officer of concerned official for any uncollected solid waste. c.

Garbage not segregated and placed in approved containers shall not be collected and shall be treated as disposed of in violation of the person liable shall be penalized accordingly; and d.

The specific date and hour of garbage collection, in particular locations shall be scheduled and announced.

(2.) For commercial Areas: a.

The owner, operators or lessee of any shall be responsible for the untimely positioning of stored solid wastes during the collection period which shall be made known in advance by the proper authorities which shall likewise assist, wherever necessary, in the sanitation means of loading wastes for collection purposes; and b.

The person concerned shall remind the Environmental Sanitation Unit or the Sanitary Inspector of uncollected

Solid Waste and other related matters.

(3.) For institutional or industrial Areas: a.

The head of any institutional or industrial establishment shall assist the government in the orderly and sanitary way of collecting and transporting solid wastes; and b.

The collection and transportation of any hazardous waste, if necessary, shall be duly coordinated with the government agencies concerned with such type/s of wastes.

Section 11. DISPOSAL OF SOLID WASTES –

(1.) Disposal of wastes in residential, commercial and institutional areas shall be done as follows; a.

Open burning of solid wastes shall be prohibited. Residuals of solid wastes after resource recovery, recycling, and composting shall be disposed of by sanitary land filling or other ecological sound methods; b.

Hospital wastes, especially infectious wastes, shall be incinerated in approved incinerator facilities and the ash residues shall be disposed in separate compartments in the sanitary landfills and; c.

Illegal dumping, scattering or scavenging of solid wastes along sidewalks, streets alleys, river banks, or in other public places or private properties shall be strictly prohibited;

(2.) Disposal of Industrial wastes shall be as follows: a.

Hazardous wastes shall be incinerated only after getting the proper assistance or guidance from concerned government agencies; and b.

Other hazardous wastes shall be disposed of in accordance with the law rules and regulations and guidelines of the concerned national agencies like Environmental Management Bureau (EBM-DENR), Department of

Health (DOH) and the Philippine Nuclear Research and Institute (PNRI).

Section 50. MUNICIPAL ORDINANCE NO.01, Series of 2006

AN ORDINANCE PROVIDING AND MANDATING THE PROTECTION AND MANAGEMENT OF ALL GOD-

GIVEN/NATURAL AND MAN-MADE BEAUTY/TOURIST SPOTS WITHIN THE TERRITORIAL LIMITS OF

THE MUNICIPALITY OF KIANGAN, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND

PROVIDING FUNDS THEREFORE.

Section. 1 Title – This ordinance shall be known as the “Beauty/Tourist Spots Ordinance of Kiangan, Ifugao”.

Section II. Statement of policy – it be the policy of the Municipal government of Kiangan to protect, manage and to preserve the natural beauty spots and maintain and support the vision and mission of the Local Government Unit on tourism and conservation of our natural resources;

Section III. Definition of Terms

1.

Beauty Spots – anyplace regarded as especially beautiful.

2.

Business – a pursuit, occupation, trade or commercial affairs.

3.

Cave – a natural cavity beneath the earth’s surface or in a mountain which is large enough for a person to enter.

4.

Cave Resource – includes any material o substance occurring naturally in a cave or lave tube which are part of the surrounding bedrock.

5.

Deadly Weapon – guns, spears, grenade, dynamite, bow and arrow or anything that is used outside of its main purpose.

6.

Fauna – the animals living within a given area or environment during a stated period.

7.

Flora – the aggregate of plants indigenous to a country or district.

8.

Foreign visitor – a non-Filipino citizen who visits the LGU for purpose of business or leisure.

9.

God-given – living or non-living things.

10.

Historical Site/Spot – places, areas mentioned or celebrated in history.

11.

Lake – a considerable inland body of water or natural enclosed basin serving to drain the surrounding country.

A small artificial pond

12.

Local visitor – a Filipino Citizen who visits the LGU.

13.

Man-made – these are things, views, scenes created by man.

14.

Myth – a story presented as historical dealing with the cosmological or supernatural traditions of the people, their gods, culture, heroes, religious beliefs.

15.

Speleogem – these are relief features on the walls, ceiling, floor of any cave or lava tubes which are part of the surrounding bedrock.

16.

Speleothem – any natural mineral formations or deposits occurring in a cave or lave tube which are part of the surrounding bedrock.

17.

Stalactite – an elongated downward hanging form in which certain minerals especially calcium carbonate are sometimes deposited by slow dripping as in cave.

18.

Stalagmite – a crust, coating cylindrical or conical on the floor of the cavern.

19.

Waterfall – a cascade, a fall of water over steeply slanting rocks.

20.

Zoning – to divide into areas as the activity to be made in that place.

Section IV. Classification of Beauty Spots. The Following beauty spots shall be classified as follows:

1.

God-given a. Caves – Pangagawan caves b. Lakes – Ambuwaya Lake c. Waterfalls – i. Bagnit

ii. Utu

2.

Man-made a. Historical iii. Inlayut iv. Hulit i. Bantayog sa Kiangan ii. Yamashita b. Rice/Vegetable Terraces i. Julongan/Nagacadan Rice/Vegetable Terraces ii. Ba-e Rice Terraces

3.

Mythological a. The Rock of Pumbakhayon b. Ambuwaya Lake c. Kiyangan village d. Imbuliklik Rock e. Dumaling Burial Caves

Section V – Prohibited Acts – It is strictly prohibited for all visitors, foreign, or local and for all constituents of the barangay or the municipality to do the following acts:

A. God-given, mythological/Cultural

1.

Collect flora and stones, pottery shards and rock formations.

2.

Alter rock piles formations

3.

Hunt fauna within the beauty spot and within the I km radius of the natural beauty spot

4.

Catch, posses, barter or sell the fauna, flora, stones, pottery shards and rock formations.

5.

Bring harmful chemicals like soap, shampoo, cigarettes, tobacco, bettlenut and intoxicating beverages near or into the waterfall, lake and most especially inside the cave.

6.

Harmful gadgets like carbide lights and bonfires inside the cave.

7.

Alter the free movement of any animal or plant life into or out of the cave.

8.

Bring in harmful drugs like marijuana, shabu, heroine, cocaine, hashis, etc. within the beauty spot and its vicinity.

9.

Deface, mar, alter, remove or harm the speleogem or speleothem of the cave.

10.

Throw, leave candy wrapper, biscuit wrappers or any kind of garbage for that matter especially inside the cave and or within the tourist spot and within the 1 km radius of the area.

11.

Show signs of public affection leading to lascivious acts or carnal desires for this is taboo in the Ifugao Culture.

12.

Bring deadly weapons within 1 km radius of the natural beauty spot except duly authorized personnel of the LGU.

Tokens and souvenir items shall be deposited at the information center.

13.

Build new structures within the area unless in accordance with the ambience of the place and in accordance with the design and specifications of the Municipal Engineering office or other tourism-oriented bodies/organizations to extract water by use of electrical water pumps from a lake to be used for irrigation purposes.

B.

Man- made

1.

Alter of rock piles formation.

2.

Deface, mar, alter, remove the structures of any man-made beauty spots.

3.

Dispose garbage in undesignated areas.

4.

Show signs of public affection leading to lascivious acts or carnal desire for this is taboo in the Ifugao culture.

5.

Bring deadly weapons within 1 km radius of the beauty spot.

6.

New structures within the area unless in accordance with the ambiance of the place and in accordance with the specifications of the Municipal Engineering Office or other tourism oriented bodies/organizations.

7.

Pasture animals within the beauty spot.

8.

Paint, draw, write graffiti’s within the beauty spot.

Section VI – Fees and Charges – monies collected by the barangay treasurer and issued with official receipts.

All tourists whether foreign or local are required to pay the following: a.

Bagnit/Kapugan//Rice Terraces at Bae, Bungubungna/Ambuwaya Lake/Kiangan,

Imbuliklik Rock

1) Entrance Fee – Php 20/head. This will go to the barangay where the beauty spot is located.

2) Environment Fee – Php 10/head – to the Municipal Local Government Unit

3) Camping Fee – Php 10/head – Municipal Local Government Unit (MLGO) b.

Pangagawan Caves, Dumaling Burial Caves

1) Entrance Fee – Php 20/head – to the Barangay Local Government Unit

2) Environment Fee – Php 10/head – to the Municipal Local Government Unit

3) Camping Fee – Php 10/head – Municipal Local Government Unit

4) Exploration Fee – Php 100/head inclusive of equipment and guide

-50% of the Php 100 will go to the tourist guide and 50% will go to the Local Government Unit

5) Porterage Fee – Php 250 per day/porter

Section VII – Duties and Powers of the MLGU and BLGU a) It shall be the concern of the MLGU and BLGU to issue a business permit and license to any person who is 18 yrs old and above, a Filipino citizen of good moral character who wishes to put up a business near the beauty spot.

The following are requirements to be submitted to the MLGU and BLGU to obtain a business license:

1.

Health Certificate from the Municipal Health Officer (MHO)

2.

Barangay Clearance

3.

Police Clearance

4.

Mayor’s Permit/Barangay Permit

5.

Other fees required by the Municipal Treasurer’s Office

6.

Other fees found in the Municipal Tax Ordinance. b) In order to maintain the natural beauty and serenity of the place, all stalls are required to put up their stalls at he designated business zone following the plans and specifications designed by the Municipal Engineering Office (MEO). c) It shall be prohibited by the MLGU and BLGU for business stall owners to sell drinks in bottles or sell pointed or sharp objects (deadly weapons) in their respective stores. d) It shall be prohibited by the MLGU/BLGU for people to establish a business as front of prostitution. e) It shall be required by the MLGUand BLGU that all stall owners should pay the corresponding dues to the MLGU and

BLGU every January 15 – February 15 of the year. Non payment of dues would mean that there should be no business transactions done through out the year unless and otherwise said fees would be paid or settled as provided for in the

Municipal Tax Ordinance. f) Only Kiangan accredited tour guides are allowed to guide the tourists within the beauty/tourist spots of the Municipality. g) All accredited tourist guides are required to pay the corresponding fees required of them by the Municipal Local

Government Unit/Barangay Local Government Unit. h) It shall be prohibited by the MLGU/BLGU that all tourist whether local or foreign should follow the Global Code of

Ethics for tourism passed by the World Tourism Organization.

Section VIII – Administrative Sanctions and Proceedings Thereof

A.

Revocation of License – the office of the Mayor may after due process, revoke the license of the person concerned if it is proven that: a) He/She has violated any provision/policy of this ordinance b) He/She has overcharged a tourist

B.

Revocation of Accreditation of Tourist Guides – the office of the Mayor may revoke the accreditation of a tourist guide if it is proven that:

1.

He/She has violated any provision/policy of this ordinance

2.

He/She has overcharged a tourist

C.

General Police Power – the office of the Mayor, in coordination with the PNP and concern barangay tanods shall immediately stop or prevent on going violations by malefactors of any of the prohibited acts found/enumerated in section

5 of this ordinance. Violations maybe summarily penalized with the fines imposed under section 9 (Penal Provisions) by the office of the Mayor upon observance of due process. If the violator contests the authority of the Mayor, or does not want to pay voluntarily the imposable fine corresponding to his violation, the office of the Mayor shall file the corresponding criminal complaint before the judicial authorities.

Section IX. Penalty Clause

Any violation of the provisions stated in the preceding section shall be penalized accordingly, to wit:

1 st Offense – a fine of Php 500 but not more than PhP 1,000 or imprisonment of not more than 10 days or both based on the findings, hearings, decisions or upon the conviction by the proper court.

2 nd Offense – a fine of Php 1,000 but not more than Php 2,000 or imprisonment of not less than 30 days but not more than

45 days or both penalties as the case mabe.

3 rd Offense – a fine of Php 2,000 but not more than Php 2,500 and the revocation of his/her business license.

Section X. Implementation Scheme

A.

The Municipal Mayor and all barangay officials shall be responsible for the implementation of the provisions of this ordinance in the Municipality and in their respective barangay.

The office of the PNP of Kiangan is hereby mandated to spearhead and help monitor and enforce the provisions of this ordinance.

B.

There is hereby created a Municipal Tourism Council to be called the Kiangan Tourism Authority which shall oversee the proper implementation of the provision of this ordinance.

C.

The Kiangan Tourism Authority shall be composed of the following:

1. The Municipal Mayor

2. A designated representative of the Sangguniang Bayan

3. A representative from the business sector

4. A representative from the Hotel and Home stay Industry

5. A representative from the Association of barangay captains

6. A representative from the transportation sector

7. A representative from the tour guides

8. A representative from the tour operators

9. A representative from the Ifugao Heritage Conservation Corps (IHCC)

D.

The Kiangan Tourism Authority is hereby vested with the following authority/duties:

1. Determine the priority tourism projects of the Municipal Government.

2. Be authorized to engage in fund raising activities for funds to finance tourism projects.

3. Prepare schedules for tourism activities in the Municipality on a year round basis.

4. Prepare information and promotional materials about the tourism spots for distribution to outlets like travel agencies, etc.

Section 51. MUNICIPAL ORDINANCE NO.02, Series of 2003

AN ORDINANCE ESTABLISHING POLICIES GOVERNING THE OPERATION OF THE MUNICIPAL

ABATTOIR, PRESCRIBING FEES AND OTHER IMPOSITIONS AND PROVIDING PENALTIES IN ANY

VIOLATION THEREOF.

Section 1 – TITLE – this shall be known as the Kiangan Municipal Abattoir Policies.

Section 2 – SCOPE AND, APPLICATION AND PURPOSES – this code shall govern the use of the Kiangan Abattoir and impose charges and other impositions imposed within the territorial jurisdiction and shall seek to regulate the activities involving capitalists, butchers, municipal employees and the general public with the end view of attaining: a.

A sound trading, butchering and inspection practices that will promote the welfare of the general public. b.

A harmonious working relationship among the capitalists, butchers, the LGU and its abattoir management. c.

Honest in practicing one’s trade or calling to the end that there should be equal protection of the law.

Section 3 – DEFINITION OF TERMS:

1) NMIC – means the National Meat Inspection Commission

2) Meat – means the edible part of any animal slaughtered in slaughterhouse or abattoir

3) Meat Handling – a term used in meat trade, which includes slaughter preparation, inspection, cutting, packaging, preservation, etc. of meat.

4) Meat Inspector – means properly trained officer appointed or deputized by the National Meat Inspection Commission for the purpose of meat inspection and supervision of meat hygiene including the inspection of meat should be the responsibility of a veterinarian.

5) Brand – means any mark or stamped approved by the controlling authority and includes also any tag or label bearing such mark or stamp.

6) Emergency Slaughter – means slaughter of an animal necessitated by a previous accident such as bone fracture, danger of suffocation, etc.

7) Slaughter – the killing of food animals in relation to meat inspection.

8) Carcass – means the body of any slaughtered animals after execution of blood and dressing

9) Contamination – means the direct and indirect transmission of objectionable matters to the meat.

10) Meat Processor – one who roast pigs and chickens and processes longaniza, tocino, tapa, etc, for sale

11) Meat Dealer – one whose business is to buy live animals and sell them either live or dressed to vendors.

12) Meat Vendor – one who sell meats to end and users.

13) Butcher – one who slaughter animals for food and for sale in the market

14) Poultry Dresser – one who sells dressed chicken

15) Hot Meat – meat products that didn’t pass to procedures as provided in the ordinance.

16) Meat Cutter – one who cuts meat into pieces for sale

17) Hide Dealer – person whose business is to buy and sell skin animals

18) License – a right or permission granted in accordance with law by a competent authority to engage in business or occupation.

Section 4 – COVERAGE – this ordinance shall cover butchers, capitalists, Municipal Employees and the public in general

Section 5 – RULES GOVERNING ACTIVITIES – the following rules shall be divided into the following categories: animals, butchers, capitalists, municipal employees, emergency slaughter, use of facilities and fees.

A.

Animals –

1.

Upon arrival at the abattoir, the animal shall be presented to the abattoir management for recording with proper documents, shipments and other documents

2.

A quarantine for Forty Eight (48) hours shall be necessary, except in times of livestock shortage as determined by the slaughter master who shall be authorized to issue rules and regulations in accordance with this ordinance and only for the duration of an emergency. Exceeding 48 hours, there’s an additional coral fees of Php.10.00/day.

3.

If the animal is found to have contacted a disease before quarantine and the same is found to be serious, communicable and possess a health hazard unfit for human consumption, the meat inspector and provincial veterinarian shall, using their sound discretion, order the condemnation thereof such animal be killed and buried within the slaughter house premises likewise latent diseases which become patent only after slaughter shall give an authority to the meat inspector and provincial veterinarian using their sound discretion to condemn the animal in whole or part depending on the degree of infection.

4.

In no case shall large cattle to slaughter unless a complete document is presented. In case the document lost, an affidavit for the reconstruction of a neo certificate of ownership shall be obtained. In no case shall an affidavit of loss be an authority to butcher the animal.

5.

All animals scheduled for butchering shall be transferred to the stockyard pens located at the back portion of the abattoir

6.

All boars, which have attained sexual maturity as well as swine, stags which show evidence of recent castration, shall be treated with suspicion and shall be refused from being slaughtered.

7.

The following animal diseases shall warrant outright condemnation: anthrax, black leg, hog Cholera, (acute), swine plaque (acute), leptorperosis, swine erysipelas, rinderpets, rabies, foot and mouth disease, tetanus, glanders, hemorrhagic septicena, bovine virus disease pleuropneumonia, purpura hemoragica, pyemis, equine infectious anemia, gas ganrene infections bovine rhinotrachietis, infectious necrotic hepatitis, Leukemia and pseudo leukemia, listrioses, malignant edema, malignant epitozootic catarrh, melanosis, mucoseal disease complex, parasitic ictero-hematuria, pasteurellosis, sapremia, septicena sarcoma and carcinoma, shipping fever syndrome, snuffles, swine cryspelas, Texas fever, toxemia, toxoplasmosis, tularemia, unhealed vaccine lesions, uremia, viral encephalitis

8.

All carcasses of animals shall be properly hanged by the butchers concerned so that these shall be thoroughly drained to facilitate proper inspection.

9.

National Meat Inspection Commission rules and regulations are considered part of ordinance.

B.

Butcher and Matadors –

1.

All butchers shall have a yearly check-up with the Municipal Health Officer, who shall render a report thereof. No

Mayor’s permit shall be issued without a certification issued by the Municipal Physician. This shall include a chest Xray to determine the existence of tuberculosis or any communicable diseases.

2.

Clandestine slaughtering is a violation

3.

All butchers shall present themselves to the abattoir in charge or (security guard) for body and property search before entering the premises and leaving the same.

4.

It shall be prohibited for butchers to sell or appropriate any part of the animals they have butchered.

C.

Capitalists –

1.

All capitalists with animals to be slaughtered for public consumption especially on large cattle/carabao/horses shall present a certificate of ownership and a certificate of transfer if he is not the original owner to the slaughterhouse administrator before the issuance of the permit to slaughter.

2.

All capitalists shall not falsity, forge counterfeit, alter or destroy any certificate of large cattle.

3.

All capitalists shall be prohibited from bringing out condemned meat.

4.

All capitalists shall cooperate with the livestock weight. Any deceitful or intentional tampering of the weighing scale shall be punished.

5.

No capitalists shall interfere in the disciplinary measures meted on butchers

D.

Employees –

1.

The employees shall neither initiate nor abet in the tampering of the weighing scale.

2.

No employee shall permit the slaughter of boars that have attained sexual maturity as well as swine stags, which shows evidence of recent castration.

3.

No employee shall allow any butcher under the influence of liquor to enter the slaughterhouse premises.

4.

Employees shall bear prescribed butchering attire.

E.

Emergency Slaughter –

1.

The meat inspector may recommend, subject to the approval of the government veterinarian. Emergency slaughter however under such exceptional cases, such as but not limited to rapture of major blood vessels and electrocution, the meat inspector may approve emergency slaughter.

F.

Use of Abattoir Facilities –

1.

Abattoir facilities shall be used properly. Anybody found committing acts of vandalism should be dealt with accordingly.

2.

Unauthorized persons are not allowed inside the abattoir

3.

Drinking liquor inside the slaughterhouse premises is prohibited

G.

Business Permit –

1.

There shall be a Business Permit to be acquired by people indulged in this business

4.

Exemption – corresponding fees shall not be collected on animals condemned by the Provincial Veterinarian or the Local

Meat Inspector

Section 7 – TIME AND MANNER OF PAYMENT –

1.

Where to pay the license and regulatory fees – meat handlers referred in this ordinance shall pay the license fee and meat inspection fees to the Office of the Municipal Treasurer of this municipality or his duly authorized representative who shall issue the corresponding receipt showing among others the nature of the fees collected as well as the amount actually paid.

2.

The fees imposed in Section 5 letter G #1 shall be paid immediately upon every animal butchered and every chicken dressed to the abattoir in charge with corresponding receipts.

3.

The fees for the issuance of veterinary Health Certificate shall be paid immediately before transport.

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Section 52 . Coverage . These provisions shall apply to all residential houses, commercial establishments such as but not limited to hotels, restaurants, cinema houses, public markets, department stores, groceries, institutions like hospitals, schools, churches, public and private offices; industrial establishments like factories, plants, and other establishments of any kind and agricultural areas, within the Municipality of Kiangan.

Section 53.

Authority.

This Ordinance is enacted to supplement the provisions of existing laws and ordinances related to solid waste management, specifically, Sec. 17 of RA 7160 and the Sanitation Code of the Philippines.

Section54.

Goal, Objectives, and Purposes

3.1. GOAL.

- To improve the quality of life of the people of Kiangan, in an atmosphere of a healthy, sanitized, and ecologically balanced environment, through an integrated waste management and sustainable development.

3. 2. OBJECTIVES.

a) To ensure round the clock cleanliness through orderly and sanitary waste management system. b) To cease and desist from utilization of open garbage dumps which serves as breeding places of insects causing diseases, foul odors, and harmful fumes; emit greenhouse gases “which contribute to global warming and thinning of the ozone layer,” generate “leachate” which pollute soil and water resources; and create unhealthy scavenging activity in the vicinity. c) To eradicate unsightly, uncovered and overflowing waste containers in streets, public places, and open spaces; d) To maximize and optimize sanitary resource recovery for feeds, fuel, materials, energy, etc, and;

e) To minimize pollution arising from harmful gases, smoke, particulates produced by needless burning / dumping; polluted runoffs into water sources/supply; and hazardous substances;

3.3. PURPOSES: a) To promote and protect the health, safety, peace and convenience, and general welfare and inhabitants of the

Municipality. b) To enhance the total environment of the locality through the necessary control and mitigation of negative environment impacts of solid waste. c) To guide, control, and regulate the generation, storage, collection, transportation, disposal of solid and liquid wastes within the locality and promote an orderly and sanitary system for the same. d) To minimize generation of solid waste and maximize possible resource recovery / recycling and utilization by:

ï‚·

Maximizing the use of goods and consumption of foods;

ï‚·

Allocating fair inputs in the production of goods, foods, and services;

ï‚· Encouraging the salvaging of possible “recoverable” from solid wastes for re-use and / or recycling back to production process;

ï‚· Encouraging the recycling and resource recovery of wastes in one’s own backyard through composting and biogas production; and

ï‚·

Providing assistance and cooperation in the recycling of waste in disposal sites.

Section 55. Waste and Storage Regulations

SECTION 4.1. RESIDENTIAL AREAS a) Residents and non-residents shall be familiarized with two (2) kinds of waste: biodegradable or compostable and nonbiodegradable / non-compostable. The latter kind of waste shall be stored and segregated at the site or place where they are generated. b) The concerned citizens and non- concern citizens shall ensure that the generated solid waste shall be properly separated in three (3) enclosed containers for recoverables, left-overs / compostables and others. The left-overs or feeds refuse shall either be directly given to the animals as feeds or stored temporarily for composting and / or biogas productions. c) Residents and non-residents shall choose proper containers such as cans, sacks, bags, bins, etc. that will facilitate sanitary, efficient handling, storage collection, transport or disposal at least cost. Food waste shall be placed in covered cans or pails; garden and human waste in sacks, cans, and bags; and non-compostables in sacks, bags, or boxes. d) Public thoroughfares and grounds in front or in the vicinity of residential houses shall be kept clean and tidy by the owner / lessee of the house / building at all times. e) Trees, shrubs, and other vegetation within the vicinity of the residential houses shall be regularly cared for and maintained to minimize the general wastes / yard wastes and unpleasant sight.

SECTION 4.2. COMMERCIAL AND MARKET AREA. a) The covered storage containers for segregated commercial wastes shall be provided either for communal or individual and shall be placed in areas easily accessible for collection and transport. Whenever necessary, communal storage facilities shall be provided jointly by the Municipal and Barangay Government. This communal storage facility should be enclosed or possibly on wheels. b) The enclosed collection receptacles should be located along the collection route where general wastes shall be removed and transported to the dumping and factory site. c) The lobby and fronting sidewalk, immediate grounds of commercial establishments such as shops, stalls, markets, stores, restaurants, caterers, carinderias, barber shops, beauty parlors, recreation and entertainment facilities like theaters, billiard bars, folk houses, beer gardens, discos, cocktail lounges, dancing halls, cabarets, bistros, and others, shall be maintained clean and presentable by the owner / operator / lessee of the establishment.

SECTION 4.3. INSTITUTIONAL AND INDUSTRIAL AREAS. a) The head of any institutional / industrial firms shall ensure the proper and hygienic storage of generated waste in receptacles or containers within their compound and be disposed only to a communal receptacles so provided in the area or when the collection vehicle so passes in the area. b) Hazardous wastes shall be stored safely in good, durable, and duly covered receptacles which should be located in a secure and distant site, prior to final collection / disposal.

c) The head of any institutional / industrial / firm / establishment shall ensure the cleanliness and orderliness of its facilities, yards, and its areas fronting sidewalk and street. d) Hazardous waste (chemical, biological, and radioactive substances) shall be stored, collected, and transported, and disposed of in accordance with applicable laws, guidelines, rules, and regulations of the Environmental Management

Bureau (EMB-DENR), Department of Health (DOH), and Philippine Nuclear Research Institute (PNRI).

SECTION 4.4. AGRICULTURAL AREAS, POULTRY AND LIVESTOCK, AND SWINE FARMS.

Homogenous agricultural wastes (rice straws, corn cobs, leaves, animal manure, etc.) shall be properly stockpiled / stored by the concerned farmer, and through the use of enzymes convert the same into inorganic fertilizers. Poultry, livestock, and swine manure shall be recycled to become organic fertilizer. The Municipal and Barangay Governments shall, under its human and ecological security and sustainable development programs, see to it that the individual / establishment be provided with technical and when finances warrant, financial assistance in this respect. The Municipal Agriculture Office is mandated to include in its program the conversion of homogenous agricultural waste into organic fertilizer and other productive purposes.

SECTION 45. LITTERING.

No person shall litter, spit moma or scatter solid waste in streets, highways, sidewalks, and other public areas such as parks, playgrounds, rivers, etc. Solid waste shall include among others, the cigar / cigarette butts, boxes / packages, candy / bread wrappers, match sticks, disposed diapers, food packages.

SECTION 46. LIQUID WASTE

No liquid waste from residential homes shall be allowed to stagnate. Liquid wastes coming from kitchens, bathrooms, etc. shall be allowed to flow to the municipal drainage / canal from the residents in a concrete and duly covered canal.

Residents along river systems with no communal drainage shall not throw or allow to flow their liquid waste directly to the river. A blind drainage shall be made for this purpose. All sewers shall be kept clean and covered.

No used oil coming from engines, motor vehicles, etc. shall be thrown directly to the canals, to the ground, or to any other places; for such oil, being non-biodegradable, seep through the water tables and will return back through our water pumps and will cause organic disease. The Municipal Government shall include in their Environmental Management Plan a system of proper disposal of used oil. In the absence of such, all auto mechanic shops, motor vehicle owners, and other establishments disposing used oil shall recycle the same.

Section 56 . Waste Processing and Resource Recovery

SECTION 5.1. WASTE IN RESIDENTIAL AREAS. a.

Segregated recyclables shall be properly stored before collection. These recyclables shall be collected separately and bought to recycling center, eco-centers, or junk dealers, established either by the government, private entrepreneurs, people or non-government organizations.

SECTION 5.2. WASTE IN COMMERCIAL AREAS. a.

Segregation of waste from commercial areas, shopping malls, restaurants, commercial complexes, recreational centers, etc. shall be mandatory before issuance of or renewal of business permits. The Municipal Health Office shall see to it that this provision is complied with, before any health certificate is issued. b.

Market Superintendents either in public or private markets shall adapt a segregation scheme that will facilitate the segregation of recyclables, food / vegetable waste, and non-recyclable. Stall holders and space occupants shall dispose their wastes into the segregated covered containers, installed properly in designated places in the market sectors that are accessible for collection and transport.

SECTION 5.3. INDUSTRIAL / INSTITUTIONAL WASTE. a.

In industrial establishments, segregation of biodegradable / compostable and non-biodegradable / non-compostables wastes shall be performed to avoid foul odors and proliferation of flies.

b.

Schools (both public and private) shall adapt appropriate resource recovery and recycling strategies. c.

Hazardous waste shall be incinerated only after getting proper assistance / guidance from concerned agencies. d.

Industrial liquid waste shall be allowed to pass through silting ponds before discharging the same to the rivers. e.

The Municipal Government shall find means that liquid waste coming from the Municipal sewage system shall pass through a silting pond before discharging directly to rivers. f.

Urban areas in the municipality shall built septic volts for hazardous and toxic substances

SECTION 5.4. AGRICULTURE AREAS (including farms for livestock, poultry, etc.) a.

Agricultural wastes (e.g. rice straws, corn cobs, etc.) shall not be burned but shall be stockpiled in a proper location and composted. Animal manure can also be composted or used for biogas production. Liquid waste coming from washings from poultry / livestock farms should not be discharged directly to rivers, for such is one source of food of dinoflagellates which cause red tide poisoning. The Municipal Agriculture and Sustainable Development Office are mandated to conduct research and find means that other agriculture waste are recycled and made productive.

SECTION 5.5. Information education campaign for toxic and hazardous substances)

Section 57 . Collection and Transportation of Solid Wastes

SECTION 6.1. RESIDENTIAL AREAS. a.

The concerned resident shall ensure that the solid waste are brought out in front of his gate / door / and / or along the collection route of the collection vehicle / cart; during the collection period. b.

He / she shall report to the Office of the Municipal Health Officer or the authorized official or concerned officials for any uncollected solid waste within the vicinity of his / her residence. c.

Garbage not segregated and placed in approved containers designed by the local government shall not be collected and shall be treated as disposed of in violation of the anti-littering provision of this ordinance and shall be penalized accordingly. d.

The specific date and hour of garbage collection in particular location shall be scheduled and announced for strict compliance by all concerned.

SECTION 6.2. COMMERCIAL AREA. a.

The owner / operator / lessee of any enterprise shall be responsible for the timely positioning of stored solid waste during collection period which shall be likewise assisted whenever necessary in the sanitary means of loading wastes for collection purposes. Wastes coming from these areas shall be segregated in accordance with the provision of this

Ordinance. b.

He / she shall remind the General Service Office / Municipal Health Officer in the collection of uncontrolled solid wastes and other related matters.

SECTION 6. 3. INSTITUTIONAL / INDUSTRIAL AREAS a.

The head of any institution / industrial establishment shall assist the Municipal Government in the orderly and sanitary way of collecting and transporting its solid waste. b.

The collection and transportation of any hazardous wastes shall be duly coordinated with the government agencies concerned.

Section58. Disposal of Solid Wastes

SECTION 7.1. RESIDENTIAL SOLID WASTES

a.

Incineration or open burning of solid wastes in all backyards shall be prohibited. Residue of solid wastes after resource recovery, recycling, and composting shall be disposed of by sanitary land filling.

SECTION 7. 2. INSTITUTIONAL SOLID WASTE a.

Hospitals, embalming establishments, and other similar institution/s’ solid wastes especially infectious waste shall be incinerated in approved incinerator facilities and the ash residue be disposed in separate compartments in sanitary land fills. Chief of hospitals and establishments shall see to it that this provision is strictly observed and followed.

SECTION 7.3. INDUSTRIAL SOLID WASTES. a.

Hazardous waste shall be incinerated only after getting the proper assistance / guidance from concerned government agencies. b.

Other hazardous wastes shall be disposed of, in accordance with the laws, rules, regulations, and guidelines for the concerned national agencies like Environmental Management Bureau (EMB-DENR), Department of health (DOH), and Philippine Nuclear Research and Institute (PNRI). c.

Solid waste that could be utilized for organic fertilizer such as mudpross, etc. shall be stocked in a designated area and kept wet to prevent air pollution and shall be distributed to farmers for soil improvement. d.

All industrial establishments are mandated to install standard anti-pollution devices and shall see to it that such an establishment shall not become sources, either directly or indirectly, of air, water, and ground pollution.

Section 59.

Garbage Collection Fee

SECTION 8.1. Industrial establishments shall be charged an annual fee of P 370.00 to supplement other sources of revenue for the operations and maintenance of the Wastes Management System of the Municipality. Occupants and residents of commercial establishments shall pay a garbage fee of P 370.00. All other homeowners shall pay an annual fee of P300.00.

SECTION 8.2. The Annual User’s Fee shall be collected by the Municipal Treasurer together with other charges for all residents transacting business with the Municipal Government.

SECTION 8.3. The Barangay Treasurer shall be responsible for the collection of garbage fee for all barangay residents not transacting business with the government. Fifty percent (50%) of the amount collected by the Barangay Treasurer shall accrue to the Barangay General Fund, and the remaining fifty percent (50%) shall accrue to the Municipality as SWMF. The collected fees will go to all barangays not covered by Municipal garbage collection.

SECTION 8.4. Barangay Treasurer of Ambabag, Pindongan, Poblacion, Tuplac And Baguinge shall collect a garbage fee in their respective barangays. They shall be deputized by the Municipal Treasurer before any collection shall be made. On or before the end of the first quarter of every year, the Barangay Treasurer shall remit to the Municipal Treasurer 50% share of the Municipal Government. The oyher 50% barangay share shall likewise be deposited at the Municipal Treasurer, and credited to the general fund of the respective barangay, until such time that the barangays are managing their own waste collection system.

Section 60 .

Implementing Guidelines

SECTION 9.1. For an effective implementation of this Code, the appropriate office or offices of the Municipal

Government Unit shall perform the following:

1.

Conduct massive information drive, such that the provision of this Ordinance shall reach every household in the

Municipality;

2.

Enforce the provision of this code in coordination with other agencies mandated by law to perform environmental and health sanitation services;

3.

Conduct research advocacy for the use of environment friendly technology;

4.

Conduct research and recommend to the Sangguniang Bayan necessary measures that will prevent practices that are harmful to the Municipality’s environment;

5.

Conduct study and recommend to the Municipal Government the most appropriate recycling plant needed by the

Municipality;

6.

Coordinate with NGOs and other groups in the preparation of a framework plan for the sustainable development and assistance in the implementation thereat;

7.

Coordinate with the Municipal Development Council in the integration of Human Ecology Security (HES) in the

Municipal Environment Plan;

8.

Provide technical assistance to the Barangay Waste Managers;

9.

Perform such other functions as may be authorized by law.

SECTION 9.2. BARANGAY WASTE MANAGER

There shall be appointed in every barangay a Barangay Waste Manager to be appointed by the Punong Barangay and approved by the Barangay Council. An honorarium shall be fixed by the Barangay Council but in no case shall such compensation be less than the compensation of a member of the Sangguniang Barangay. The Barangay Health Workers,

Nutrition Scholar or Barangay Population Officer, may be appointed to such a position with an additional honorarium.

SECTION 9.3. THE DUTIES OF BARANGAY WASTE MANAGER SHALL BE TO: a.

Visit residential, commercial, industrial, and other establishments and advice them on the proper segregation of refuse, installation of proper drainage and waste containers as provided in this Ordinance. b.

Report to the concerned authority for any uncollected garbage. c.

Assist the Barangay Development Council in establishing and managing a Material Recovery Facility (MRF). d.

Help implement the provisions of this code applicable to residential, commercial, industrial, and institutional areas in their respective jurisdiction. e.

Oversee the collection of recyclable materials, and coordinate with accredited dealers or manufacturers of recycled products. f.

Assist the concerned agencies in the prosecution of all violators of this Ordinance. g.

Act as Action Officer of the Punong Barangay in the implementation of this Solid Waste Management plan. h.

Perform such other functions as may be authorized by a Superior Officer with respect to solid waste management.

ARTICLE VI

HAZARDOUS AND TOXIC MATERIALS

Section 61. Operation of Gasoline Stations. All gasoline stations located in the municipality shall install oil and water separation facility including facilities in the storage of used oil and grease into sealed receptacles. All these are mandatory preconditions before the issuance of business permits by the municipal government.

Gasoline stations shall ensure that their underground storage tanks are always in good condition by undertaking periodic maintenance and monitoring of fugitive effluents.

The gasoline station operators shall ensure the safety from fire and explosion hazards of their respective facilities by installing appropriate signages for the general public and by attaching proper gadgets and devices to prevent gaseous or fume emissions. The operator should secure an Environmental Certificate from the DENR prior to the issuance of a Business Permit.

Section 62. Toxic Substances and Hazardous Waste Control.

The municipality shall require all persons and entities dealing with toxic substances and hazardous materials to comply fully with full disclosure procedures in the following manner: a. Manufacturers shall be required to present material fact sheet, which should explain or describe the quantity, toxicity, ignitability, flammability and leaching potentials of the chemicals manufactured. b. Transporters shall be required to submit to the Municipality ahead of time a manifest, which will contain the material fact sheet, the origin and destination of the material in transport, the transit time and the route where the hazardous or toxic materials will traverse. c. Primary users shall be required to present to the Municipality and maintain for periodic inspection by competent authorities, a disclosure document which will contain the quantity of the chemicals, type of use, storage facilities, and safety measures. d. Secondary users shall likewise be required to submit to the Municipality and maintain for periodic inspection by competent authorities a disclosure document similar to that required of the primary users.

Section 63. Manufacture of Toxic and Other Chemical Substances. A. All business establishments engaged in the manufacture, processing, and utilization of chemical substances shall submit to municipal authorities a comprehensive occupational safety and hazard mitigation program, which will consider conditions within its complex and immediate vicinities.

The Municipal Government through the Municipal Agriculture and Environment Office ( MAENRO )shall promulgate the necessary safety procedural guidelines and regulations in chemical handling within the Municipality. B. Owners of vehicles, business shops & machineries shall dispose used oil, etc. in the proper disposal areas.

Section 64. Quarterly Inspection of those Engaged in Chemical Manufacturing.

All businesses engaged in chemical use and manufacturing shall be subjected to a quarterly inspection by the Municipal Agriculture and Environment Office

(MAENRO) to ensure compliance of safety measures and appropriate procedures. However, if public safety so requires, the

Municipal authorities should conduct inspection more frequently.

Section 65. Disposal of Clinical Wastes. All hospitals and clinics, both private and public, and other health establishments shall dispose of their clinical waste in accordance with the duly approved practices and technologies by the

Municipal Health and Environment offices.

Section 66. Limitations on Production Capacity. All industrial, manufacturing and similar business establishments shall operate only within the capacity limits of their respective waste treatment facilities in order to maintain the quality of the environment within the standards required by the Municipal Government.

Section 67. All users of fertilizers, pesticides and other farm chemicals in the farms, plantations and other places shall observe precautionary measures in handling, applying, storage and disposal as well as safety practices as indicated in the labels of the chemicals and instructions of farm technicians.

Section 68. Public Markets. The provisions of the ordinance on the cleanliness and sanitation of the public market is hereby incorporated into this code.. All stall owners shall comply with the provisions of the Environmental ordinances.

Section 69. Operation of Slaughterhouses. All slaughterhouses both public and private shall be equipped with appropriate and adequate disposal facilities for solid discards and wastewater, as well as disinfections system for the maintenance of hygienic conditions within their premises and also passed the national meat inspection service. There should be sustainable maintenance and improvement allocations. One permanent employee should be assigned in the slaughterhouse.

Section 70. Cemeteries . The provision of a cemetery is one of the basic facilities to be established for the general welfare of the communities and the inhabitants thereof. There shall be permanently appointed cemetery caretakers to see to it that the cemetery should be used exclusively for the internment of bodies and due respect for the dead. In view of the scarce land resources, the establishment of a municipal crematorium and containment for decayed body wastes or construction of receptacle for exhumated wastes shall be included in the municipal development plan and its specifications shall be within the minimum standards set by the

Department of Health..

ARTICLE VII

WATER RESOURCE MANAGEMENT

Section 71. Policy Statement on Water Utilization.

In line with the provisions of the Constitution and as embodied in the Water Code of the Philippines, all waters belong to the State. The ownership of water by the State means that water cannot be subject to acquisitive prescription, however the State may allow the use and development of water by administrative concession. The Government, through the National Water Resources Board, exercises control and regulation of the water resources pertaining to its utilization, exploitation, development, conservation and protection.

Section 72. Basis for Action. Water is essential element to life on earth and the survival of human species is like to the ample availability of potable water. Water is likewise viewed as an important component in economic activities and as a resource in many industries. As a basic necessity in man’s everyday life and as prime ingredient in a lot of activities, water is beset by pressures from increasing demand from various competing users. With increasing population and intensification of economic activities the rate of use has overtaken the rate of replenishment to the point where the basic needs are no longer satisfied. If steps are not taken at the early stage, conflicts of water users may escalate and the needs of the general populace put in jeopardy. These concerns calls for appropriate actions and strategies in the local level contributory to the national effort of ensuring sustainable utilization of water resources.

Section 73. Water Sources. a.

It shall be the responsibility of the Municipality of Kiangan to identify existing and potential water sources for domestic and municipal uses within the territorial bounds of the Municipality to ensure that there shall be sources of water to satisfy the needs for the present and future. This calls for complete inventory of Surface River, creek, stream and spring sources along with subsurface aquifer systems. Databases shall be established for these water sources with adequate information on quantity and quality. Interim plans should be established on how these water sources shall be accessed, tapped and developed. b.

A data inventory of the water resources to include their physical characteristics, location and types shall be maintained and updated by the Municipality for future assessment. This data inventory shall be the basis of municipal water resource policy and water resources system analysis. This data shall be stored and collated in a dynamic system where the information can be easily accessed and updated. These data shall be the bases for decisions the community is going to adopt in the future. c. The Municipality shall likewise determine the contaminated water resources in the municipality such as the chemical contaminated areas as part of the environmentally affected areas. These areas shall be constrained in terms of utilization and exploitation and the municipality shall be constrained in terms of utilization and exploitation and the municipality shall provide an advisory notice to this effect. In the overall strategy, these areas shall be targeted for either containment and rehabilitation. d.

The Municipality shall establish its own water budget on a periodic basis to determine its water needs and potentials. The approach shall be holistic enough to include all the major users of water and comprehensive enough to determine possible cause and effect scenarios of the water utilization. e.

The Municipality shall identify the watersheds within its own territorial limits and incorporate them in their zoning plans. As a water production unit, the municipality shall adopt important strategies of protection, conservation, utilization and enhancement in view of sustainable development. Land use threats to the watershed shall be minimize by instituting measures to curb human and economic activities from damaging the prestine nature of the water resources. f.

Apart from satisfying the immediate demand, the Municipality shall adopt long range planning for the water resources development in view of coming up with a balance on the supply and demand. All sectors shall be enjoined to participate in the planning exercises.

Section 74. Water Supply Quality. The health of the populace is of primary concern. Aside form the food nutrition, the quality of drinking water has a direct impact on the health of the people. To maintain the health and well being of the people

there should be an ample supply of water with acceptable quality. CHLORINATION TWICE A WEEK AND ADVISE

HOUSEHOLD CHLORINATION. a.

It is the responsibility of the Municipality to ensure that the quality of water shall be within the limits of the National

Standard for Drinking Water (NSDW) conforming to physical, chemical and radiological requirements. b.

Water for direct consumption shall conform to acceptable requirements of bacteriological quality. To this end, appropriate disinfections or chlorination shall be employed to ensure that the water shall be free from harmful bacteria or any microorganism. c.

The general public should be notified in advanced and advised accordingly if non-quality water has entered the supply systems. Remedial measures should be instituted at once to correct any defect or system damage. d.

Since poor distribution systems can be a prime cause of water contamination, it should be a priority of the Municipality to maintain and perform repairs on the distribution system given such circumstances. e.

The Municipality shall come up with a program of monitoring waste water in the community. Likewise, the municipality shall institute measures to compel the private sectors to come up with treatment process for domestic and industrial waste waters before discharging to the environment. f.

The discharged of waste water to the environment either by land spreading, injection or dilution in natural bodies of water shall be monitored by the municipal government. g.

The use of nitrogenous fertilizers in farms and fields have been pointed out as one of the sources of contamination for groundwater. In areas where important aquifers are located, the use of such fertilizers should be limited if not or prohibited by the Municipality. h.

Important point source pollution such as gas stations and petroleum product reservoirs should be identified and their locations mapped out in relation with the existing water resource. The Municipality shall come up with monitoring program for fugitive effluents and require business operators to submit mitigating measures in the event of accidental release of chemicals. i.

Along natural watercourses such as streams, brooks, and rivers, the respect for easement shall be primary to maintain the natural riverine character of the surface water. The easements shall be in accordance with the established easements of the

National Water Resources Board (NWRB) and shall be adopted and enforced by the Municipality.

Section 75. Water Demand a.

Water Utilization. In reference to the Water Code of the Philippines the development of water resources shall consider the security of the State, multiple use, beneficial use, adverse effects and cost of development. The Municipality shall adhere to this provision in the utilization of water resources within the municipality. b.

Heavy Users of Water.

Within its political boundary, the Municipality shall identify the heavy users of either surface water or groundwater and shall determine on a periodic basis the rate of extraction and utilization. In allowing water concessionaires the user of water in the municipality shall take the following actions:

(b.1) Attach water meters to water conveyance facilities and compel the concessionaires to report their water use to the

Municipality.

(b.2) Assess the extraction of water on the basis of resource utilization and apply appropriate charges based on economic rent policy. The proceeds of this rent shall be used to support projects which provide adequate and safe water to the general public.

Section 76. Regulated Act and Penalty. Heavy Users of water resources shall secure a permit before engaging in the use of water resources within the territorial boundaries of the municipality. Any natural or juridical person violating this provision shall be penalized with a fine P1,500 for the first offense; P2,500 for the second offense, third and succeeding offenses and/or imprisonment of 31 days or both at the discretion of the court.

Section 77. Illegal Constructions Along Waterways. No person shall construct any building or improvement within 3 meters in the municipal bodies of water and 20 meters in agricultural areas - from the creek sides, river banks and similar waterways except flood control, irrigation canals, aqueducts and the likes. Any person or business establishment who violates this Section shall be fined P2,500 and an imprisonment of 31 days or both as ordered by the Court and the demolition of the structure.

Section 78. Well Drilling. No person shall drill a well without securing a permit from the (MAENRO) or its deputized agency which will determine the allowable depth, location, spacing and the manner by which such wells may be dug/excavated.

Any person, juridical or personal who will be caught violating this Section of the code shall be fined P2,500 and an imprisonment of 31 days or as ordered by the Court. (Except for existing ones)

ARTICLE VIII

FRESH WATER MANAGEMENT

Section 79. Policy Statement. a. Recognizing strategic importance of Fresh Water Management to the well-being of present and future generations, it is hereby declared as official policy that the Municipality shall promote, conserve, protect and develop all its inland, fresh water resources including the resources contained therein. For this purpose, the Municipality shall adopt an integrated planning approach that will involve all sectors including concerned agencies, non-governmental organizations and other stakeholders. This approach shall adopt development strategies designed to promote ecological balance and

sustainability of these resources taking into account socio-cultural and economic dimensions such as poverty, public health, rapid population growth, among others. b. It is further declared as a policy that the municipality shall define its fresh water areas, including its territorial waters, and the resources therein for the preferential use of its citizens subject to the limits of optimum sustainable yields as determined through continuing resource accounting and evaluation studies undertaken by the municipal government, national or scientific institution. c. The municipality hereby adopts the policy to improve the living standards of people living near riverbanks, specifically in areas of sanitation and waste disposal, so as to reduce the proliferation of pathogenic organism in the coastal environment from domestic wastewaters. d. The Municipality further adopts a preventive and precautionary policy against industrial pollution of the coastal zone through the adoption of all relevant laws against industrial wastes and effluent discharges to the fresh water areas and by ensuring that all industrial establishments within its jurisdiction shall be subject to Environmental Impact Statement

System.

Section 80. State of the Resources.

Ibulao river, Munkilong, Itum river, Bokiawan river and Ambuwaya lake.

Section 81. Scope of Fresh Water Resources and Resources Accounting. The municipality’s fresh water resources include the entire municipal territorial waters, which include streams, dam reservoir and rivers. All resources within the fresh water areas, including rivers and streams and all living and non-living resources found therein, shall be subject to the municipality’s policies on sustainable fresh water resources management.

Section 82. The Role of the MAENRO: a. Cause the measurement and delineation of its territorial waters, and facilitate the production of the necessary resource maps for the purpose; b. Recommend to the Sangguniang Bayan to pass an ordinance declaring the municipal’s fresh water jurisdiction; c. Create a forum for multi-sectoral and community-based decision-making process to promote compatibility of development activities and avoid subjecting the resources to unilateral or political spheres of influence; d. Cause the establishment of a multi-sectoral task force at the municipality that shall be responsible for coordinating the implementation of the duly approved comprehensive water resource management plan and shall serve to complement the institutional arrangement for multi-sectoral decision-making; e. Involve the technical expertise of academic institutions, research centers, national government agencies, NGOs and peoples organizations in the conduct of resource accounting and ecological assessment in order to generate an accurate data base from which policy decisions on the best use of the resource shall be based. Such will involve an accounting of the resources of the sea, rivers, the identification of breeding and nursery grounds of fishes, and the identification of human activities that lead to habitat and water quality degradation. Consequently, water and aquatic resource profiles and long-term development plans shall be formulated from such data set, identifying in the process, areas of critical ecological importance, resource-use conflicts, and specific priorities for management; f. Promote community participation in the management of fresh water resources as the central theme of resource management plans developed for the municipality’s water resources. This shall be supported by a policy that gives priority to the provision of technical services and guidance to participants in the community-based resources management; g. Establishment of a comprehensive multi-media community education and information campaign on sustainable use of water resources and the different strategies to conserve and protect their integrity; h. Cause the formulation and adoption of a comprehensive water resource management plan consistent with the local government comprehensive environment plan, that in turn must be incorporated in the regional development plan. Such plans must all be consistent with the established national coastal and marine policies; i. Protect the rights of subsistence fishers, both of the present and future generations, by according them preferential use of the fishery resources within the jurisdiction of the Municipality;

Section 83. Municipal Agriculture and Fisheries Council (MAFC). The organization is sustained and there is no need to reorganize because they are following the mandates of the MAFC.

Section 84. Permit System. A Municipal Permit System shall de devised and implemented through the assistance of the

Municipal Environment and Natural Resources Office (MAENRO). Such a licensing system shall: a. Be designed on the basis of sustainable yields by the imposition of a limit on the number of licenses that shall be awarded for any type of gear; b. The permittee shall be allowed to operate IN the following AREAS;

1.

Ibulao river

2.

Munggayang river

3.

Bokiawan

4.

Munkilong

5.

Patuldug

6.

Itum

This fishery license system shall be supported by a separate ordinance which shall be enacted after a Zoning plan has been developed and which shall be recommended to the Sangguniang Panlalawigan for approval. The approved ordinance shall be valid only within the municipal waters and shall be consistent with the rational management principles adopted by other municipal governments sharing the same resources or with the doctrines set by the FARMC.

Section 85. Alternative Livelihood Provision. As a policy, the Municipal Government through its Environment Office, shall pursue the development of livelihood diversification among fresh water fisher folk, recognizing the participation of women and out-of-school youth. Such livelihood projects shall be directed at land-based opportunities in order to achieve a respite in fishing pressure.

Section 86. Illegal Fishing. No person shall use ELECTRIC FISHING GEARS. dynamite, cyanide or other poisonous chemicals in fishing or any body of water. The Barangay governments are hereby authorized to organize their respective

BANTAY TUBIG to implement this particular provision.

Section 87. Creation of Resource Accounting and Information Systems. There is hereby created, a data bank aimed at development of data bases for a continuous accounting and assessment of the state of fishery and aquatic resources in the

Municipality. Included herein are information on the qualitative and quantitative description of the fishery resources, including information on breeding grounds, seasons and processes that need to be protected, description of critical habitats that need to be preserved as centers for such stock recruitment and replenishment, and the identification of resources that may be tapped for further economic exploitation.

ARTICLE IX

AIR QUALITY MANAGEMENT

Section 88. Policy Statement. The basic intention of the Municipality of Kiangan is to undertake the necessary precautionary and preventive measures to ensure the maintenance of ambient air quality. Given the complexity of clean air management and the insufficient technology and resources available for the conduct of atmospheric monitoring and evaluation, the Municipality shall prevent to the greatest extent permissible, the continued degradation of air quality within its territorial jurisdiction based on available resources, information and technical support to achieve such level of a standard quality of air as prescribed by the Department of Environment and Natural Resources (DENR).

Section 89. Ambient Air Quality Control. The Municipal Agriculture Environment and Natural Resources Office

(MAENRO) in coordination with the DENR shall conduct an annual inspection of all industrial facilities, including all equipment emitting potential air pollutants, to ensure that such establishments are complying with the prescribed standards on air quality.

Section 90. Fugitive Particles. No person shall allow the emission of fugitive particulates from any source whatsoever, including but not limited to vehicular movement, transportation of materials, construction, alteration, demolition or wrecking, or industry-related activities such as loading, storing or handling without taking reasonable precautions to prevent such emissions. In line with such precautions, the following are hereby adopted: a.

Covering of open loaded trucks transporting materials likely to give rise to airborne dust, odor and other fugitive particles. b.

Treatment or removal of all air pollutants e.g., dust, fumes, gases, mists, odorous matters or vapors or any combination thereof prior to discharge into the open air. c.

In case of building construction or demolition, quarrying operations or clearing of land, precautions shall be carried out to ensure that fugitive dusts remain within the premises of the activity conducted.

Section 91. Reducing Emissions of Carbon Dioxide (CO

2

) and Other Greenhouse Gases.

The Municipality of Kiangan shall exert major effort to contribute towards the minimization of global warming. As such, in coordination with the Environmental Management Bureau (EMB) of the DENR, the Municipal Government shall regulate the use of chemical fertilizers, burning of trees and crop residues within its territorial limits.

Section 92. Smoke Belching. It shall be the policy of the Municipal Government to strictly enforce its Anti-Smoke

Belching Program to prevent the excessive emission of pollutive particles from motor vehicles and to ensure that the citizens enjoy clean air. To achieve these objectives, the following, measures are promulgated: a.

All public and private motor vehicles should pass through an anti-pollution test from the KENRO prior to its annual registration at the Land Transportation Office (LTO) and every three (3) months thereafter. A corresponding test clearance shall be issued to operators and owners by the KENRO. b.

As part of its Traffic Mitigation Program, the Municipal Government shall periodically conduct a road-side (on-site) antismoke belching test for motor vehicles. The Municipal Council shall determine fines and penalties thereof through a separate administrative ordinance.

Section 93. Open Burning. Open burning adds to global warming and provides hazard to health , properties and natural resources. Therefore , no person shall ignite, cause to be ignited or maintain any open fires except on the following activities: a.

Open fires for cooking of food for human consumption; b.

Fires for recreational or ceremonial purposes; c.

Fires for the prevention and control of diseases and pests; d.

Fires for the disposal of dangerous materials or waste, when there is no practical alternative method for disposal, provided that a clearance is secured from the Office of the Mayor; and e.

Fires for training personnel in the methods of fire fighting.

Section 94. Noise Pollution. To protect public health and welfare against nuisance caused by excessive noise, the

Municipality of Kiangan in coordination with the DENR and various sectors within the Municipality shall set standards for noise reduction at the following source as may be appropriate. a.

Construction b.

Vehicles, mufflers, stereo system c.

Pub houses, restaurants and karaoke bars d.

Videoke bars; e.

Public gatherings such as concerts, rallies, etc.

Section 95. Tolerable Decibel Levels. The Municipality of Kiangan hereby limits the loudness of sound within its territorial jurisdiction to only up to 60 decibels.

ARTICLE X

THE MUNICIPAL AGRICULTURE AND ENVIRONMENT OFFICE (MAENRO)

Section 96. Creation of MAENRO There is hereby created the Municipal Agriculture Environment and Natural Resources

Office (MAENRO) to be headed by a Municipal Department Head with qualification standards in accordance with civil service rules and regulations.

Section 97. Functions. The functions of the Municipal Agriculture Environment and Natural Resources Office (MAENRO) are the following:

9.

Act as the advisory body that will provide advice, guidance, recommendations and suggestions of the future growth and development of the the Municipality of Kiangan in accordance with the mandate of this Code;

10.

Assist in the planning and implementation of environmental policies that will protect the character and stability of residential, agricultural, commercial and industrial sectors in the promotion of an orderly growth of Kiangan;

11.

Promotes an integrated approach to the planning and management of Land Resources;

12.

Disseminate and publish the Land Use Plan, Zoning Ordinance and rules and regulations pertaining to land use in coordination with the Land Use Information and Monitoring Unit;

13.

Conduct research and management studies on the improvement of the Zoning Ordinance and related matters.

14.

Provide information that will increase the awareness of the people on the recent developments and trends about land use policies and other related laws which the national government may impose;

15.

Monitor compliance of land use ordinances, policies, requirements and similar matters;

16.

Recommend imposition of fines and penalties on violations committed against land use ordinances;

17.

Create a Monitoring, Evaluation Adjustment (MEA) System with members coming from the Local Working Counterpart

Committee whose task is to monitor and evaluate land uses and its effects on the environment as well as recommend necessary adjustment so as to conform with the requirements of an ecological balance.

18.

Monitor and evaluate the demographic dynamics of the municipal such as: trend in population, settlements, economic activities from urban to suburbs of the municipal and its effects upon land use and environmental issues and concerns.

Section 3. The Municipal Agriculture Environment and Natural Resource Office (MAENRO) shall also perform other functions provided in this Code such as those provided in Section 9 of Article V hereof; Section 4, Article VIII hereof, and other provisions of this Code.

ARTICLE XI

PROMOTING THE MUNICIPAL ENVIRONMENT CODE THROUGH AN

INFORMATION, EDUCATION AND COMMUNICATION

(IEC) PROGRAM

Section 98 . General Principle . The resources of the earth and the environment which sustain life are not inexhaustible. As stewards and trustees, the present generation must conserve, develop, and protect these resources and ensure that the environment is not degraded from wasteful and needless exploitation. The concept of intergenerational responsibility for a balanced and healthful ecology is affirmed by the Supreme Court in G.R. 101083. The Municipal Environment Code is an instrument that enables the Municipality to undertake the judicious disposition, utilization, management, renewal and conservation of the municipality’s natural resources and to preserve and maintain environmental quality according to accepted standards.

Section 99.

General Policy . It is the primordial duty of the Municipal Government to undertake public information and dissemination of the provisions of the Municipal Environment Code and consistent with the mandate of RA 7160 otherwise known as the Local Government Code. The Municipality expects, on the other hand, its citizens to collaborate in the effective implementation of the Local Environmental Code. Implementation of the PIEC shall be through multi-media and the active participation of the citizens and other stakeholders shall be enlisted.

Section 100. Objectives.

The following are the objectives of the Public Information, Education and Communication Program: a.

Providing a level of knowledge to prevent any misinformation on any provisions of the Municipality Environmental Code, b.

To facilitate exchange of information on the Local Environmental Code, c.

To advocate the need for a Local Environmental Code and to persuade the different publics on the value and importance of such a Code in the preservation, protection and development of the physical environment and the resources therein, d.

To persuade the target clientele about the need for environmental regulations and for everyone’s cooperation in the observance and enforcement of such regulations, e.

To help justify the need for the Local Environmental Code and to maintain a positive healthy relationship between the

Municipality and its constituents and other stakeholders. f.

To cultivate a favorable climate of acceptance for the LEC and its effective implementation.

Section 101. Functions. T he Public Information, Education and Communication Program (PIEC) shall be concerned with the following functions: a.

Developing understanding about LEC and its role in local and national development. b.

Developing and strengthening opinions and attitudes favorable to LEC. c.

Providing general and technical information to appropriate publics, audiences or groups. d.

Providing motivation, stimulation, and basis for discussion leading toward community assessment and decision. e.

Developing habits, norms and values leading to the greater appreciation of the Local Environmental Code.

Section 102. Definition of Terms. a.

Public information refers to those information activities directed to public audiences. Such activities include mass media, educating and promotion, public relations and commercial advertising. b.

Information is concerned with those information activities directed to large public audience, organizations, small groups and individuals. Such activities include mass media usage, advocating and promotion, and public relations. c.

Education refers to the series of formally designed learning objectives and content that are intended to change the behavior of a target audience by providing them knowledge, helping them acquire skills and causing the internalization of desirable attitudes. Education includes technical education on LEC, community extension, and formal schooling. Education modifies people’s behavior through the acquisition of knowledge, new skills, development of desirable habits, and beliefs. d.

Communication is the process through which information and education are conveyed. It is aimed at cultivating a permissive atmosphere that promotes positive attitudes about the environment and on the LEC as an instrument for the promotion of environmental quality. To change behavior of people, it is important to ensure that the various audiences receive the same message and the same interpretation. e.

Promotion is the process of communicating the features of the LEC and its objectives and the services that it will provide; create awareness for what the LEC is all about, generate public enthusiasm, answer questions asked by the public and the various constituencies, and to place the LEC on a favorable light.

Section 103.

PIEC Program Components . In designing a Public Information, Education and Communication Program

(PIECP) the following components should be included:

a.

Identification of the target clientele b.

Identification of clientele’s needs and wants c.

Services and the benefits to be derived are spelled out d.

Methods of presentation are those that are done in a memorable, believable, and exciting manner.

Section 104. Responsibility for Information, Education, and Communication . The MAENRO on Environment and Natural

Resources as mandated in the Local Government Code shall take primary responsibility in designing and implementing an

Information, Education and Communication Program for public dissemination of all of the provisions of this Code.

Section 105. The Role of Citizens. Municipal residents shall take an active role in the planning and implementation of public information, education and communication projects and activities.

Section 106. Appropriations.

The Municipal Council hereby appropriates the amount of five hundred thousand pesos out of its General Fund for the implementation of the Public Information and Education Campaign and for the operation and maintenance of the program to be undertaken by the Municipal Agriculture and Environment and Natural Resources Office.

ARTICLE XII

PENAL AND FINAL PROVISIONS

Section 107. Unless otherwise provided for in this code, Any individual, person or persons who violates a provision of this

Code shall suffer the following penalties, as may be applicable and appropriate:

1.1

First Offense – Fine of Two Thousand (P 2,000) pesos or imprisonment of one (1) day to thirty (30) days, or both fine and imprisonment at the discretion of the court without prejudice to administrative sanctions in case of business establishments, firms corporations and the like;

1.2

Second Offense – Fine of Two Thousand Five Hundred (P 2,500) pesos or imprisonment of thirty (30) days and one

(1) day to ninety (90) days, or both fine and imprisonment at the discretion of the court without prejudice to administrative sanctions in case of business establishments, firms corporations and the like;

1.3

Third Offense – Fine of Three Thousand Five (P 3,500) pesos or imprisonment of ninety (90) days and one (1) day to six (6) months, or both fine and imprisonment at the discretion of the court without prejudice to administrative sanctions in case of business establishments, firms corporations and the like;

Section 108. As may be appropriate and applicable, administrative sanctions may include suspension and cancellation of business permits, among others. In cases of business establishments or corporations, the owner and/or manager/ proprietor shall be held liable to suffer the penalties provided herein.

Section 109. Tree-planting activities and community service may also be imposed and included as penalties for violations of this Code as may be applicable and appropriate.

Section 110. The foregoing penalties shall be imposed without prejudice to the imposition of higher penalties provided by existing national laws.

SECTION 111. APPROPRIATIONS – For the effective and efficient implementation of this code, the Municipal

Government shall appropriate 20% funds from the 20% development fund.

Section 112. Applicability Clause. Provisions of such other laws and regulations as they pertain to the subject matters included in this Code and applicable in the Municipality are made integral part of this Code.

Section 113. Separability Clause. If, for any reason or reasons, any part or provisions of this Code shall be declared unconstitutional or invalid by the court or suspended or revoked by competent authorities, other parts of the provisions thereof which are not affected thereby shall continue to be in full force and effect.

Section 114. Repealing Clause. All ordinances, local executive orders, local proclamations and local administrative regulations, or parts thereof, which are inconsistent with any provisions of this Code, are hereby repealed or modified accordingly.

Section 115. Effectivity. This Code shall take effect in accordance with the Local Government Code of 1991.

ADOPTED this th day of ___________________

I HEREBY CERTIFY to the correctness of the foregoing municipal environment code of Kiangan, Ifugao:

AGNES M. MANALANG

Sangguniang Secretary

ATTESTED:

SANGGUNIANG BAYAN MEMBERS PRESENT:

GREGORY FAMORCA MAGDALENA D. PIGGANGAY

RALDIS A. BULAYUNGAN

MARY B. ANANAYO

WILBERT T. BAYAWON JOSE O. TAYABAN JR.

ROEL FRANCIS A. DULNUAN RUFINO DULNUAN VICTOR I. CALINGAYAN

JOYCE CUH-ING

ANGELITO D. DULINAYAN

Vice Mayor/Presiding Officer

APPROVED this __________ day of _____________ 2009

Structure of the Kiangan Solid Waste Management

JONATHAN M.CUYAHON

Mayor

Section 4. Creation of a City and Municipal Solid Waste Management Board

The City and Municipal SWM Boards shall have the following duties and responsibilities: a) Develop the City or Municipal Solid Waste Management Plan that shall ensure the long-term management of solid waste, as well as integrate the various solid waste management programs and strategies of the barangays in its area of jurisdiction. In the development of the Solid Waste Management Plan, it shall conduct consultations with the various sectors of the community; b) Adopt measures to promote and ensure the viability and effective implementation of solid waste management programs in its component barangays; c) Monitor the implementation of the City or Municipal Solid Waste Management Plan through its various political subdivisions and in cooperation with the private sector and the NGO’s;

d) Adopt specific revenue-generating measure to promote the viability of its Solid Waste Management Plan; e) Convene regular meetings for purposes of planning and coordinating the implementation of the solid waste management programs of the respective component barangays; f) Oversee the implementation of the City or Municipal Solid Waste Management Plan; g) Review for every two years or as the need arises the City or Municipal Solid Waste Management Plan for purposes of ensuring its sustainability, viability, effectiveness an relevance in relation to local and international developments in the field of solid waste management; h) Develop the specific mechanics and guidelines for the implementation of the City or Municipal Solid Waste

Management Plan; i) Recommend to appropriate local government authorities specific measure or proposals for franchise or buildoperate-transfer agreements with duly recognized institutions, pursuant to RA 6967, to provide either exclusive or non-exclusive authority for the collection, transfer, storage, processing, recycling or disposal of municipal solid waste. The proposals shall take into consideration appropriate government rules and regulations on contracts, franchises and build-operate-transfer agreements. j) Provide the necessary logistical and operational support to its component cities and municipalities in consonance with subsection (f) of section 17 of the Local Government Code; k) Recommend measures and safeguards against pollution and for the preservation of the natural ecosystem; and l) Coordinated the efforts of its component barangays in the implementation of the city or municipal solid waste management plan.

The Bureau shall provide advisory technical assistance in setting up of the local solid waste management boards. The

Commission shall provide the policy directions for the Local Solid Waste Management Boards pursuant to section 8, rule VI of the implementing Rules and Regulations of the Act.

It shall be the duty of the C/MSWMBs to assist barangays in their solid waste management where the barangay cannot financially or adequately manage all waste segregation, sorting, recovery, recycling and composting, conducted at the MRF.

LGUs may assist the barangay either financially, technically or in any other manner deemed necessary in order to achieve the waste diversion goal of section 20 of the Act. Provided that within 45 days of the effectivity of the IRRs, the Liga Ng Mga

Baranagay shall assess and thereby determine, those barangays requiring assistance from their respective LGUs. The LNB shall subsequently inform the respective LSWMBs of its findings.

Section 5. Membership of the City and Municipal SWM Board

The City and Municipals SWM Board shall be composed of the city or municipal mayor as chair with the following as member: a) One representative of the Sangguniang Panglungsod or the Sangguniang Bayan preferably chairpersons of either the

Committees on Environment or Health, who will be designated by the presiding officer; b) President of the Association of Barangay Councils in the Municipality or City; c) Chairperson of the Sangguniang Kabataan Federation; d) A representative from NGOs whose principall purpose is to promote recycling and the protection of air, land and water quality; e) A representative from the recycling industry; f) A representative from the manufacturing or packaging industry; and g) A representative of each concerned government agency possessing relevant technical an marketing expertise as may be determined by the Board.

The City or Municipal Solid Waste Management Board may, from time to time, call on any concerned agencies or sectors as it may deem necessary.

Representatives from the NGOs, recycling and manufacturing or packaging industries shall be selected through a process designed by themselves and shall be endorsed by the government agency representatives of the Board.

Section 6. Creation of a Barangay Solid Waste Management Committee

The Barangay SWM Committee shall have the following functions and responsibilities: a) Formulate Solid Waste Management program consistent with the City/Municipal Solid Waste Management Plan. b) Segregate and collect biodegradable, compostable, reusable wastes c) Establish a Materials Recovery Facility d) Allocate barangay funds; look for sources \of funds e) Organize core coordinators

f) Submit SWM monthly reports

Section 7. Membership of the Barangay Solid Waste Management Committee

The Barangay SWM Committee shall be composed of the barangay captain as chair with the following as members: a) One (1) Kagawa b) SK chair c) Presidents of Home Owners Association d) Public/Private school principals or representative e) One Parents and Teachers Association president or representative f) One Religious organization representative g) One business sector representative h) One environmental NGO representative i) President of Market Vendors Association; One representative from junkshop owners’ association

Section 8. Encouraging the Setting up of Multi-purpose Environmental Cooperative or Association in LGUs

Multi-purpose cooperatives and associations shall be encouraged and promoted in every LGU. The DENR and DTI, through their appropriate bureaus, and with the involvement of the National Ecology Center, shall provide technical assistance and advisory guidance to any interested parties duly supported by the LGUs intending to set up the multi-purpose environmental cooperatives or associations.

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