15th City Council

Regular Session

Republic of the Philippines

City of Davao
Office of the City Council

Resolution No. 02837-10

Series of 2010

“RESOLUTION TO ENACT AN ORDINANCE FOR AN ECOLOGICAL SOLID

WASTE MANAGEMENT, PROHIBITING CERTAIN ACTS, PROVIDING
PENALTIES FOR VIOLATIONS, AND FOR OTHER PURPOSES”

WHEREAS, Republic Act No. 9003 provides for an ecological solid waste
management program, creates the necessary institutional mechanisms and
incentives, declares certain acts prohibited and provides penalties for violations;

WHEREAS, Section 10 of Republic Act No. 9003 provides that, “Pursuant

to the relevant provisions of R.A. No. 7160, otherwise known as the Local
Government Code, the LGUs shall be primarily responsible for the
implementation and enforcement of the provisions of this Act within their
respective jurisdictions;”

WHEREAS, Section 16 of Republic Act No. 9003 provides that, “The

province, city or municipality, through its local solid waste management boards,
shall prepare its respective 10-year solid waste management plans consistent
with the National Solid Waste Management Framework: Provided, That the
waste management plan shall be for the re-use, recycling and composting of
wastes generated in their respective jurisdictions: Provided, further, That the
solid waste management plan of the LGU shall ensure the efficient management
of solid waste generated within its jurisdiction;”

WHEREAS, Section 4, Rule XIX of the Implementing Rules and

Regulations (IRR) of Republic Act No. 9003 provides that local government
units shall be required to legislate appropriate ordinances to aid in the
implementation of Republic Act No. 9003 and in the enforcement of its
provisions; provided, such ordinances shall be formulated pursuant to relevant
provisions of R.A. No. 7160;

WHEREAS, pursuant to Section 16 of Republic Act No. 9003, the City of

Davao has prepared its 10-year solid waste management plan and the same
has been duly adopted and approved by the Sangguniang Panlungsod through
Resolution No. 01163 Series of 2008;

NOW THEREFORE, BE IT ORDAINED, AS IT IS HEREBY ORDAINED

that the Sangguniang Panlungsod of Davao City enacts an Ordinance entitled:

SOLIDWASTE ORDINANCE, Page 1 of 19

 ORDINANCE NO. 0361-10
Series of 2010

AN ORDINANCE PROVIDING FOR AN ECOLOGICAL SOLID WASTE

MANAGEMENT, PROHIBITING CERTAIN ACTS, PROVIDING PENALTIES
FOR VIOLATIONS,
AND FOR OTHER PURPOSES

ARTICLE I
GENERAL PROVISIONS

Section 1. Title. This ordinance shall be known as the “Davao City

Ecological Solid Waste Management Ordinance of 2009”

Section 2. Declaration of Policies. It is hereby declared the policy of

the City to adopt and implement a comprehensive, integrated and ecological
solid waste management program which shall:

(a) Ensure the protection of public health and the environment;

(b) Utilize environmentally-sound methods that maximize the utilization

of valuable resources and encourage resource 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 practice in ecological waste management;

(d) Promote research and development programs to adopt an effective

institutional arragement and improved methods of waste reduction,
collection, separation, processing, recovery and disposal;

(e) Encourage greater public-private partnership in solid waste

management;

(f) Institutionalize public participation and accountability in the development

and implementation of an integrated and comprehensive ecological waste
management program;

(g) Sustain the integration of ecological solid waste management and

resource conservation and recovery topics into the academic curricula of
formal and non-formal education; and

(h) Instill environmental awareness and action among the citizenry

through massive information, education and communication campaign.

ARTICLE II
 DEFINITION OF TERMS

Section 3. Definition of Terms. The words and phrases used in this

Ordinance shall mean as follows:

(a) Agricultural waste shall refer to waste from planting or harvesting of

crops, trimming or pruning of plants and trees, and waste or run-off
materials from farms or fields;

(b) Ambulant Vendor or peddler shall mean any individual or person

who sells any kind of goods, merchandise, commodity or service while
walking, moving or traveling about, or who does not have a fixed stall, store
or place of vending or service;

(c) Barangay shall refer to the Barangay Local Government Unit;

(d) Biodegradable shall refer to materials capable of being decomposed by

biologicals;

(e) Biodegradable waste shall refer to any waste that is capable of

undergoing anaerobic or aerobic decomposition, such as food waste, yard
waste and wet paper and carton.

(f) Bulky wastes shall refer to waste materials which cannot be

appropriately placed in separate containers because of either its bulky size,
shape or other physical attributes. These include large worn-out or broken
household, commercial, and industrial items such as furniture, lamps,
bookcases, filing cabinets, and other similar items;

(g) Buy-back Center shall refer to a recycling center that purchases or

otherwise accepts recyclable materials from the public for the purpose of
recycling such materials;

(h)Checkout bag is a carryout bag provided by a retail establishment or

vendor at the point of sale or other point of departure for the purpose of
transporting food or merchandise;

(i) City shall refer to the City Government of Davao.

(j) City ENRO shall refer to the City Environment and Natural Resources;

(k) Collection shall refer to the act of removing solid waste from the source
or from a common storage point;

(l) Community Service shall refer to the service that benefits the local
community. It shall be imposed to violators of this Ordinance as a penalty in
itself or in lieu of fine imposed against him;
(m) Composting shall refer to the controlled decomposition of organic
matter by micro-organisms, mainly bacteria and fungi, into a humus-like
product;

(n)Consumer electronics waste shall refer to special wastes that

include worn-out, broken, and other discarded items such as cellular phones,
radios, stereos, TV sets, computer parts and hardware, and all wastes
emanating or as a result of a defective electronic device;

(o) Domesticated animal shall refer to a household pet kept for

companionship and enjoyment;

(p) Disposal shall refer to the discharge, deposit, dumping, spilling, leaking or
placing of any solid waste into or in any land;

(q) Ecological solid waste management shall refer to the systematic

administration of activities which provide for segregation at source,
segregated transportation, storage, transfer, processing, treatment, and
disposal of solid waste and all other waste management activities which do
not harm the environment;

(r) Generation shall refer to the act or process of producing solid waste;

(s) Generator shall refer to a person, natural or juridical, who last uses a
material and makes it available for disposal or recycling;

(t) Grocery store shall refer to a shop selling foodstuff and household
supplies among others;

(u)Hazardous waste shall refer to solid waste management or combination

of solid waste which because of its quantity, concentration or physical,
chemical or infectious characteristics may:

(1) cause, or significantly contribute to an increase in mortality or an

increase in serious irreversible, or incapacitating reversible, illness; or

(2) pose a substantial present or potential hazard to human health or the

environment when improperly treated, stored, transported, or disposed
of, or otherwise managed;

(v) Littering From Vehicles is the act of indiscriminately scattering food

leftovers, wrappers, plastic bottles and other similar wastes in streets by
drivers, passengers or commuters.

(w) Materials recovery facility shall include a solid waste transfer

station or sorting station, drop-off center, a composting facility, and a
recycling facility;

(x) Mobile garbage bin shall refer to the receptacles with wheels
distributed to garbage collection points by the City Government of Davao
for use as
 temporary storage containers for biodegradable and residual wastes;
(CENRO)

(y) Municipal waste shall refer to wastes produced from activities within
local government units which include a combination of domestic, commercial,
institutional and industrial wastes and street litters.

(z) Open burning shall refer to thermal destruction by means of direct

exposure to fire; (CENRO)

(aa) Open dump shall refer to a disposal area wherein the solid wastes are
indiscriminately thrown or disposed of without due planning and
consideration for environmental and health standards;

(bb) Paper bags shall refer to sturdy bags made of recycled paper that can
be used repeatedly by shoppers.

(cc) Person(s) shall refer to any being, natural or juridical, susceptible of

rights and obligations, or of being the subject of legal relations;

(dd) Plastic bag or pouch or sando bag is a non-biodegradable type of

flexible packaging made of thin, flexible, plastic film used for containing and
transporting foods, produce, powders, ice, chemicals, waste, etc.

(ee) Polystyrene foam or styrofoam shall refer to non-biodegradable

food container such cups, plates and “clam-shell” boxes which are made of
polystyrene.

(ff) Receptacles shall refer to individual containers used for the source
separation and the collection of solid wastes; (CENRO)

(gg) Recyclable material shall refer to any waste material retrieved from the
waste stream and free from contamination that can still be converted into
suitable beneficial use or for other purposes, including, but not limited to,
newspaper, ferrous scrap metal, non-ferrous scrap metal, used oil,
corrugated cardboard, aluminum, glass, office paper, tin cans and other
materials as may be determined by the National Solid Waste Management
Commission;

(hh) Recycling shall refer to the treating of used or waste materials through
a process of making them suitable for beneficial use and for other
purposes, and includes any process by which solid waste materials are
transformed into new products in such a manner that the original product
may lose their identity, and which maybe used as raw materials for the
production of other goods or services: Provided, that the collection,
segregation and re-use of previously used packaging material shall be
deemed recycling under this Ordinance;
(ii) Residual wastes shall refer to those wastes that remain after
processing at a materials recovery facility or that which remain after
recovery of products and/or energy, which are non-biodegradable;

(jj) Residual containment area shall refer to a temporary facility for the
storage of residual wastes;

(kk) Resource recovery shall refer to the collection, extraction or recovery

of recyclable materials from the waste stream for the purpose of
recycling, generating energy or producing a product suitable for beneficial
use: Provided, that such resource recovery facilities exclude incineration;

(ll) Re-use shall refer to the process of recovering materials intended for the
same or different purpose without the alteration of physical and chemical
characteristics;

(mm) Reusable bags shall refer to any bag capable of being used again or
repeatedly.

(nn) Sanitary landfill shall refer to a waste disposal site designed,

constructed, operated and maintained in a manner that exerts
engineering control over significant potential environmental impacts
arising from the development and operation of the facility;

(oo) Segregation shall refer to a solid waste management practice of

separating different materials found in solid waste in order to promote
recycling and re-use of resources and to reduce the volume of waste for
collection and disposal;

(pp) Segregation at source shall refer to a solid waste management practice

of separating, at the point of origin, different materials found in solid
waste in order to promote recycling and re-use of resources and to reduce
the volume of waste for collection and disposal;

(qq) Solid waste shall refer to all discarded household waste, commercial
waste, non-hazardous institutional and industrial waste, street sweepings,
construction debris, agricultural waste, and other non-hazardous/non-
toxic solid waste.

(rr) Solid waste management shall refer to the discipline associated with
the control of generation, storage, collection, transfer and transport,
processing, and disposal of solid wastes in a manner that is in accord with
the best principles of public health, economics, engineering, conservation,
aesthetics, and other environmental considerations, and that is also
responsive to public attitudes;

(ss) Source reduction shall refer to the reduction of solid waste before it
enters the solid waste stream by methods such as product design,
materials substitution, materials re-use and packaging restrictions;
(tt) Source separation shall refer to the sorting of solid waste into some or
all of its component parts at the point of generation;

(uu) Special wastes shall refer to household hazardous wastes such as

paints, thinners, household batteries, lead-acid batteries, spray canisters
and the like. These include wastes from residential and commercial
sources that comprise of bulky wastes, consumer electronics, white
goods, yard wastes that are collected separately, batteries, oil, and tires.
These wastes are usually handled separately from other residential and
commercial wastes;

(vv) Street sweepings are materials such as sand, salt, leaves, broken
glass, small pieces of metal, and other litter and debris removed from
streets, parking lots and sidewalks.

(ww) Storage shall refer to the interim containment of solid wastes after
generation and prior to collection for ultimate recovery or disposal;

(xx) Store shall refer to any place where goods are sold directly to the
consumers, which shall include but not limited to department store,
convenience store, sari-sari store and market place;

(yy) Toxic waste shall refer to wastes covered by Republic Act 6969,
otherwise known as the "Toxic Substances and Hazardous and Nuclear
Wastes Control Act of 1990" and are excluded from the term “solid
waste” as used in this Ordinance. It includes the following:

(1) Waste identified or listed under Republic Act 6969 as

hazardous waste of a solid, liquid, contained gaseous or semisolid
form which may cause or contribute to an increase in mortality or in
serious or incapacitating irreversible illness, or acute/chronic effect
on the health of persons and other organisms;

(2) Infectious waste from hospitals, clinics and health centers,

such as equipment, instruments, utensils, and fomites of a
disposable nature from patients who are suspected to have or have
been diagnosed as having communicable diseases and must
therefore be isolated as required by public health agencies,
laboratory wastes such as pathological specimens (i.e. all tissues,
specimens of blood elements, excreta, and secretions obtained from
patients or laboratory animals) and disposable fomites that may
harbor or transmit pathogenic organisms, and surgical operating
room pathologic specimens and disposable fomites attendant
thereto, and similar disposable materials from outpatient areas and
emergency rooms; and

(3) Waste resulting from mining activities, including contaminated

soil and debris.
(zz) Transfer stations shall refer to those facilities utilized to transfer the
solid wastes directly from smaller to larger vehicles for transport. Such
facilities may have areas to segregate wastes and store recovered
biodegradable or recyclable materials;

(aaa) Waste Matters shall refer to fruit peelings, pieces of paper, cartons,
plastic wrappers or containers, disposable food and beverage containers
and other wastes materials or unsanitary things.

(bbb) White goods shall refer to large worn-out or broken household,

commercial, and industrial appliances such as stoves, refrigerators,
dishwashers, and clothes washers and dryers collected separately. White
goods are usually dismantled for the recovery of specific materials (e.g.,
copper, aluminum, etc.);

(ccc) Yard waste shall refer to wood, small or chipped branches, leaves,
grass clippings, garden debris, vegetable residue that is recognizable as
part of a plant or vegetable and other materials identified by the National
Solid Waste Management Commission.

ARTICLE III
THE CITY SOLID WASTE MANAGEMENT PLAN

Section 4. Implementation. The City Solid Waste

Management Plan shall be implemented in accordance with the implementation
strategies and schedule contained under the 10 Year Solid Waste Management
Plan. The implementing guidelines and mechanisms shall be formulated by the
City Ecological Solid Waste Management Board.

ARTICLE IV
REDUCTION OF USE OF NON-BIODEGRADABLE
AND SINGLE-USE PLASTIC BAGS

Section 5. Use of Recyclable, Reusable and Biodegradable

Checkout Bags and Containers. All stores in Davao City shall provide
only the following as checkout bags or containers to customers:

a) Recycled or recyclable paper bags;

b) Biodegradable plastic bags;
c) Reusable bags, such as cloth bags;
d) Bags made of indigenous materials, such as buri, abaca, anahaw, bamboo
and pineapple ; or
e) Used corrugated boxes or cartons.

This provision applies also to ambulant vendors.

 Section 6. Individual Participation. Shoppers or customers in all
stores in Davao City are encouraged to provide for themselves reusable and
recyclable shopping bags such as those enumerated in Section 5, when
shopping or buying from stores. They are also encouraged to refuse a checkout
bag from the store when buying small items (like a CD, candy, etc.) that do not
require a bag.

ARTICLE V
BAN OF NON-BIODEGRADABLE PLASTIC BAGS AND POLYSTYRENE
FOAM
AS FOOD CONTAINERS

Section Ban of Non-biodegradable Plastic Bags and

7.
Polystyrene Foam as Food Containers. Only recyclable, biodegradable or
reusable containers are allowed to be used as a food and beverage containers.

Two (2) years after the approval of this Ordinance, the use of non-
biodegradable plastic bags and polystyrene foam as food and beverage
container shall be banned in Davao City.

ARTICLE VI
PROPER DISPOSAL OF CARCASS AND EXCRETA OF ANIMALS

Section 8. Disposal of Carcass of Animals. Carcasses of domestic

animals should be disposed by burying them at least two (2) feet under the
ground. The disposal of carcasses of farm animals and other animals shall be
subject to the guidelines set by the City Health Office.

No carcass of animals shall be thrown inside the mobile garbage bins.

In cases where the owner of the dead animal cannot be identified, it shall
be the responsibility of the Barangay to dispose it.

Section 9. Disposal of Excreta of Domestic Animals. Excreta

of domestic animals should be disposed by burying. No animal excreta shall be
thrown inside the mobile garbage bins. The disposal of excreta of farm animals
and other animals shall be subject to the guidelines set by the City Health
Office.

ARTICLE VII
SEGREGATION OF SOLID WASTE

Section 10. Mandatory Segregation of Solid Waste. The

segregation of waste at source by generators such as institutional, industrial,
commercial and agri-industrial establishments and households, shall be
mandatory.
 Section 11. Types of Solid Waste. Solid waste shall be segregated
into the following categories:

a) Biodegradable
b) Recyclable
c) Residual
d) Special Waste

Section 12. Requirements for Segregation and Storage of Solid

Waste at Source. The sources of solid waste as listed above shall have
separate containers for each type of solid waste. The solid waste container,
depending on its use, shall be properly marked or identified as “biodegradable”,
“recyclable”, “residual” or “special waste.” The containers shall be properly
covered, secured or protected to prevent spillage or scattering of the waste and
to ensure its containment.

For bulky waste, it will suffice that the same be placed in a separate
container or accessible area for collection. Tree trimmings for collection should
be tied or bundled in a secure and tight manner.

Section 13. Waste Receptacles in Vehicles. Public utility vehicles

for land or water transportation are required to put up or install waste
receptacles inside their vehicles. Private vehicles are encouraged to do the
same.

Section 14. Mobile Garbage Bins. The Barangay to which mobile

garbage bins (MGBs) have been turned-over by the City shall be responsible for
the safekeeping, maintenance, cleanliness and inventory of the said MGBs. Any
person using the MGB for any purpose other than what it is intended for shall
be penalized.

Section 15. Loss and damage of MGBs. Loss or damage of MGBs

shall be reported to the General Services Office and copy furnished to the
CENRO.

If MGB is vandalized, lost or damaged due to intentional act/s of any

person, the City Government of Davao, with the assistance of the concerned
Barangay shall file the appropriate case/s against the person/s responsible.

ARTICLE VIII
COLLECTION AND TRANSPORT

Section 16. Collection Points. Collection of solid waste shall be

through collection points. The Barangay in coordination with the City ENRO,
through a Barangay Ordinance, shall identify and designate collection points for
solid waste in the Barangay.
 Section 17. Mandatory Segregated Collection and Transport.
Segregated collection and transport of solid waste shall be mandatory. There
shall be different collection schedules for the different types of solid waste. The
collection of different types of waste on the same schedule may be allowed,
provided that, separate collection vehicles or vehicles with compartments are
used.

Section 18. Responsibilities in the Collection of Solid Waste.

The City ENRO and the Barangay shall have their corresponding responsibilities
in the collection and transport of solid waste, as follows:

a) After segregation, the Barangay shall ensure that residual solid wastes
and special waste from all sources within the Barangay are properly
brought to the designated collection points, provided that, the City
ENRO may prescribe the mode of collection from certain areas or
sources in the Barangay;

b) The City ENRO shall be responsible for the collection of residual and
special waste from the designated collection points and transport
thereof to the disposal facility; (CENRO)

c) Biodegradable waste from public markets shall be collected by City

ENRO and transported to the City Composting Facility.

Section 19. Schedule of Collection by the City ENRO. The City

ENRO shall prepare the schedules for the segregated collection and transport of
residual and special solid waste from the different collection points. The
collection schedule shall be thoroughly disseminated by the City ENRO to the
Barangay and to concerned establishments.

Section 20. Maintenance of Collection Points. The Barangay shall

be responsible for the maintenance and cleanliness of the collection points and
their surrounding area in their respective Barangays.

Section 21. Transport of Large Quantities of Residual and

Special Wastes. The City ENRO shall not collect large quantities of residual
and special wastes with a volume of three (3) cubic meters or more from any
source except public markets. The generators of such quantity shall be
responsible for the transport of the same to the sanitary landfill of the City.

Section 22. Cover for Dump Trucks and other Open Waste
Collection Vehicles. Government and private solid waste collectors shall
completely cover dump trucks or any other open collection vehicles with nets,
sacks or tarpaulin to prevent wastes from being blown or strewn and to
minimize odor during transport.

ARTICLE IX
MATERIALS RECOVERY AND PROCESSING
 Section 23. Roles and Responsibilities of Barangays. Consistent with
the provisions of RA 9003, Barangays shall assume primary responsibility in
managing the biodegradable and recyclable waste within their respective
barangays.

Section 24. Composting by Barangays. Barangays shall

undertake composting of biodegradable waste from sources within the
Barangay. Barangays without adequate space for composting may enter into
arrangements with other Barangays or private entities for the composting of
their biodegradable waste. Such arrangements may include the payment of fees
for the services provided.

Section 25. Composting by Households. As part of the

implementation of the City Solid Waste Management Plan, households shall be
encouraged to undertake backyard composting.

Section 26. Composting by Establishments. The following

establishments shall undertake composting of biodegradable waste generated
at source:

1. Agro-industrial establishments;
2. Farms and plantations;
3. Schools;
4. Hospitals;
5. Dressing Plants;
6. Private Markets;
7. Hotels, motels, inns, lodging houses, apartelles, resorts, spas;
8. Convenience Stores;
9. Malls and arcades;
10. Food Establishments;
11. Airports, seaports, wharfs;
12. Funeral Homes; and
13. Cemeteries

Establishments without adequate space for composting may enter into

arrangements with the barangay or private entities for the composting of their
biodegradable waste. Such arrangements may include the payment of fees for
the services provided

Section 27. Technical Assistance on Composting. The City

ENRO shall provide technical assistance on composting to barangays,
households and establishments.

Section 28. Materials Recovery Facility (MRF) and Buy-back

Center. Individual Barangays or clusters of Barangays shall establish a
materials recovery facility (MRF).
 The City shall assist the Barangays in recycling or processing
biodegradable and recyclable wastes into fuel, construction materials or into
other uses.

Barangays may designate establishments having a Solid Waste

Management Certificate within their respective areas that will serve as their
buy-back center.

Section 29. Resource Recovery of Driftwood and Other

Organic Materials Collected Along Coastlines and Riverbanks.
Coastal and riverbank Barangays and establishments along beaches shall
undertake resource recovery of driftwood and other organic materials collected
and separated from non-biodegradable wastes after the conduct of coastal or
riverbank clean-ups by composting these materials or using them for fuel or
land filling.

Section 30. Guidelines for MRF and Buy-back Centers. MRFs

and buy-back centers operators shall not be allowed to place or dispose of their
waste along the sidewalk.

They shall follow guidelines prescribed under the Implementing Rules and
Regulations of this Ordinance on good housekeeping, sanitation and zoning as
prescribed by the City and other concerned agencies.

ARTICLE X
DISPOSAL

Section 31. Disposal. All residual and special waste shall be disposed in
the sanitary landfill of the City.

Section 32. Disposal by Private Entities. Private solid waste

haulers providing services for establishments in the City may be allowed to
dispose the collected residual and special waste in the sanitary landfill of the
City.

Section 33. Temporary Residual and Special Waste Containment

Areas. In coordination with the City ENRO, temporary residual and special
waste containment areas shall be established in Barangays that are not reached
by the regular collection service of the City. The City can collect the residual
wastes when it reaches a certain volume as agreed by the City ENRO and the
concerned Barangay.

ARTICLE XI
EDUCATION, PUBLIC INFORMATION AND
RESEARCH AND DEVELOPMENT
 Section 34. IEC Campaign. The City ENRO shall develop and
implement an Information, Education and Communication campaign in
accordance with the City Solid Waste Management Plan.

Section 35. Orientation/ Seminar . Owners, managers, pollution

control officers (PCOs) or heads of markets, commercial, industrial, institutional,
agro-industrial, agricultural establishments and administrative officers of
national government agencies shall be required to attend seminars on solid
waste management to be organized by the City. Attendance to the seminar
shall be a requirement to the issuance of the Solid Waste Management
Certificate issued pursuant to this ordinance. The City ENRO shall be
responsible for the preparation of the schedule and conduct of the seminar.

Section 36. Academic Curricula of Formal and Non-formal

Education. The City ENRO shall coordinate with the Department of
Education, Commission on Higher Education and Technical Education Skills
Development Authority, for the integration of ecological solid waste
management, which includes methods of waste reduction, collection,
separation, processing, recovery and disposal, into the academic curricula of
formal and non-formal education.

Section 37. Research and Development. The City ENRO, DENR,

academe, professional organizations, and other entities for the research and
development of appropriate science and technology in the solid waste
management system in the furtherance of the policies of this Ordinance.

ARTICLE XII
SOLID WASTE MANAGEMENT CERTIFICATE

Section 38. Coverage. The following establishments shall annually

secure a Solid Waste Management Certificate:

1. Industrial establishments;
2. Agro-industrial establishments;
3. Agricultural establishments;
4. Institutions such as, but not limited to:
a. Schools;
b. Hospitals;
c. Lying-in clinics;
d. Medical/Dental clinics;
e. Laboratories;
f. Religious institutions;

5. Commercial establishments such as, but not limited to:

a. Malls, arcades and convenience stores;
b. Hotels, motels, inns, condominiums, dormitories, lodging
houses, apartelles, resorts, spas;
c. Restaurants and bakeries;
 d. Recreational and sports facilities;
e. Markets;
f. Gasoline stations;
g. Machine shops;
h. Auto repair shops;
i. Funeral homes;
j. Slaughterhouses and dressing plants;

6. Buy-back centers, junkshops and recyclers;

7. Cemeteries;
8. Solid waste hauling services;
9. Building contractors and residential subdivision developers; and,
10. All national government agencies;

Section 39. Authorized Office. The Solid Waste Management

Certificates shall be issued by the City ENRO. The City ENRO shall likewise be
responsible for monitoring the implementation by establishments of the solid
waste management plans and programs prescribed hereunder.

Section 40. Requirements. The following shall be the requirements for

issuance of the Solid Waste Management Certificate:

1. Solid Waste Management Plan & Program in accordance with the

guidelines to be issued by the City ENRO;
2. Budget for implementation of such plan and program;
3. Attendance to the solid waste management orientation; and
4. Payment of the prescribed certificate fee.

ARTICLE XIII
INCENTIVE PROGRAMS

Section 41. Incentives and Rewards System. The City ENRO shall
implement the incentives and rewards system provided in the City Solid Waste
Management Plan such as cash rewards and certificates of recognition. The City
ENRO shall likewise develop other incentives and rewards system for exemplary
solid waste management practices.

Section 42. Barangay Share in the Fines and Fees. The Barangay
where a violation of this ordinance was committed and whose enforcer
apprehended the violator shall have a share of 50% of the fine collected for
such violation. The Barangay shall also have a share of 50% in the household
garbage fees as provided under the 2005 Revised Revenue Code.

ARTICLE XIV
MAINTENANCE OF CLEANLINESS IN PRIVATE LOTS
 Section 43. Maintenance of cleanliness in private lots. All owners or
occupants of private lots are required to keep the premises of their lots and are
encouraged to keep the adjoining sidewalks, gutters and canals, clean and free
from tall grasses, piles of debris or other waste materials at all times.

ARTICLE XV
PROHIBITED ACTS, AND OMISSIONS AND THEIR PENALTIES

Section 44. Prohibited Acts, and Omissions. The following acts

and omissions are prohibited and shall be penalized:

1. Littering, scattering, throwing and dumping of waste matters in public

places, such as roads, sidewalks, canals, esteros, gutters, manholes,
parks, public playgrounds, public school campuses, public buildings,
establishments, riverbanks, coastlines, rivers, lakes, creeks and seas,
or causing or permitting the same;
2. Littering from vehicles;
3. Leaving or abandoning construction materials or debris on the public
road;
4. Dumping of human excreta in mobile garbage bins or collection points;
5. Dumping excreta or carcass of animals in mobile garbage bins or
collection points;
6. Removal of mobile garbage bin from designated collection points
without authorization from the Barangay;
7. The open burning of solid waste;
8. Non-segregation of solid waste;
9. Causing or permitting the collection of non-segregated or unsorted
waste;
10. Mixing, causing or permitting the mixing of toxic and hazardous
wastes (THW) from health care facilities, industries and other THW
generators in the municipal waste collected by the City;
11. Dumping of waste in areas other than the disposal facility of the
City;
12. Open dumping, burying of biodegradable or non-biodegradable
materials in flood-prone areas;
13. Operating without a Solid Waste Management Certificate as
prescribed in this Ordinance;
14. Non-implementation of the Solid Waste Management Plan and
Program submitted as part of the requirements for the issuance of the
Solid Waste Management Certificate;
15. Refusing entry to the City ENRO or its duly authorized
representative while in the exercise of its visitorial powers provided in
this Ordinance; and
16. Violation of any other provision of this Ordinance.
 Section 45. Penalties.

(a) Any persons who violates Sec. 47 pars. (1). (2) and (3) shall, upon
conviction, be punished with a fine of not less than Three Hundred Pesos
(P300.00) but not more than one Thousand Pesos (P1,000.00) or render
community service for not less than one (1) day to not more than fifteen
(15) days, or both;

(b) Any person who violates Sec. 47 pars. (4), (5), (6) and (7), shall,
upon conviction, be punished with a fine of not less than Three Hundred
Pesos (P300.00) but not more than one Thousand Pesos (P1,000.00) or
imprisonment of not less than one (1) day but not more than fifteen (15)
days, or both;

(c)Any person who violates Sec. 47 pars. (8), (9), and (12), shall, upon
conviction, be punished with a fine of not less than One Thousand Pesos
(P1,000.00) but not more than Three Thousand Pesos (P3,000.00) or
imprisonment of not less than fifteen (15) days but not more than six (6)
months, or both; and

(d) Any person who violates Sec. 47 pars. (10), (11), (13), (14), (15),
and (16), shall, upon conviction, be punished with a fine of not less than
Two Thousand Pesos (P2,000.00) but not more than Five Thousand Pesos
(P5,000.00) or imprisonment of not less than one (1) month but not more
than six (6) months, or both; and

If the offense is committed by a corporation, partnership, or other

juridical entity duly recognized in accordance with the law, the chief executive
officer, president, general manager, managing partner or such other officer-in-
charge shall be liable for the commission of the offense penalized under this
Ordinance.

In addition to the penalty provided for above, business permits of

establishments that commit the offenses the fourth time or more shall be
suspended or cancelled by the City Mayor.

Section 46. Community Service Implementor. The Barangay where the

offender, resides or is situated, as the case may be, shall be the implementing
body of the provision on community service. It shall be the same body, which
shall decide what kind of community service shall be rendered by the violator.

ARTICLE XVI
ENFORCEMENT MECHANISMS

Section 47. Visitorial Powers. The City ENRO or its duly authorized
representative shall have access to, and the right to copy therefrom, the
records required to be maintained pursuant to the provisions of this Ordinance.
The City ENRO or the duly authorized representative shall likewise have the
right to enter the premises of any generator, recycler or manufacturer, or other
facilities at any reasonable time to question any employee or investigate any
fact, condition or matter which may be necessary to determine any violation, or
which may aid in the effective enforcement of this ordinance and its
implementing rules and regulations. This Section shall not apply to private
dwelling places unless there is a court order.

Section 48. Citation Tickets. A citation ticket shall be issued to

violators of the provisions of this Ordinance. The citation ticket shall state,
among others, the name and address of the violator, the specific violation
committed, and the corresponding fine or penalty.

Section 49. Enforcement Unit. An Enforcement Unit shall be created

under the City ENRO that shall be primarily responsible for the enforcement of
the provisions of this Ordinance. The members of the Enforcement Unit, after
undergoing the necessary training, shall have the power to apprehend violators
of this Ordinance and issue citation tickets.

Section 50. Other Deputized Enforcers. The deputation of selected

members of the community as enforcers shall be allowed to encourage
community participation in the enforcement of this Ordinance. These deputized
enforcers may include, but shall not be limited to, selected members of the City
Solid Waste Management Board, barangay officials, barangay tanods, members
of the academe and representatives of civic organizations, non-government
organizations, people’s organizations and similar associations. These deputized
enforcers shall be mainly responsible in monitoring compliance with the
provisions of this Ordinance and reporting violations to the Enforcement Unit of
the City ENRO. Selected deputized enforcers may also be authorized by the City
ENRO to apprehend violators and issue the corresponding citation tickets.

Section 51. Training and Deputation. All enforcers shall be required

to undergo training on enforcement before they are deputized and allowed to
enforce this Ordinance. Only those applicants who complete and pass the
trainings shall be deputized as enforcers by the City Mayor.

Section 52. Requirements. The City ENRO shall prescribe the

qualifications and other requirements for enforcers. The City ENRO shall
likewise organize the trainings for enforcers.

Section 53. Enforcement Strategies and Guidelines. The City

ENRO shall formulate the strategies and guidelines for enforcement of this
Ordinance and shall submit the same to the City Mayor for approval.

ARTICLE XVII
MISCELLANEOUS PROVISIONS
 Section 54. Appropriation . The City Government of Davao shall
appropriate One Million Pesos (Php 1,000,000) upon effectivity of this
Ordinance for its implementation and enforcement. For the succeeding years,
the City shall provide sufficient funds for the continuance of this Ordinance
through an appropriation either in the City’s annual budget or in any of its
supplemental budgets, as the case may be.

Section 55. Support fund. The Barangays within the jurisdiction of the
City shall appropriate sufficient funds to finance the implementation of Solid
Waste Management at the barangay level.

Section 56. Authority to seek External Support. The Office of

the City Mayor may seek logistical support from any sources to augment the
technical, financial, material and other requirements in the implementation of
this Ordinance.

Section 57. Implementing Rules and Regulations. The City Mayor is

hereby authorized to promulgate the implementing rules and regulations of this
Ordinance, as may be needed. A joint executive –legislative committee shall be
created immediately to promulgate the Implementing Rules and Regulations
upon approval of this Ordinance.

Section 58. Separability Clause. If any provision of this Ordinance or

the application of such provision to any person or circumstances is declared
invalid, the remainder of the Ordinance or the application of such provision to
other persons or circumstances shall not be affected by such declaration.

Section 59. Repealing Clause. All ordinances, executive orders, rules

and regulations or parts thereof which are inconsistent with this Ordinance are
hereby repealed or modified accordingly.

Section 60. Effectivity. This Ordinance shall take effect after 15 days
following the publication of this Ordinance.

APPROVED by the SANGGUNIANG PANLUNGSOD of Davao City, this 2 ND

day of February, 2010.

LEONARDO R. AVILA
Chairman
Committee on Environment and Natural Resources