EXPLANATORY NOTE WHEREAS,
Article II, Sec 16 of the Philippine Constitution provides that the state shall protect and advance the right of the people to a balance and healthful ecology in accord with the rhythm and harmony of nature; WHEREAS,
Sec 3(i) of RA 7160 provides that Local Government Units shall share with the national government the responsibility in the management and maintenance of ecological balance within their territorial jurisdiction; WHEREAS,
sec 447 (vi) of RA 7160 also empowers the Sanggunian Bayan to protect the environment and impose appropriate penalties for acts which endanger the environment includ including ing such such activi activiti ties es which which result resultss in pollut pollution ion and accele accelerat ration ion of rivers rivers and lakes lakes or ecological imbalance; WHEREAS,
plastic bags and Styrofoam are rampantly used as packaging materials and utensils in the Municipality of Gubat and elsewhere; WHEREAS,
plastic bags and Styrofoam, being non- biodegradable materials, clog our canals, creeks, rivers and other waterways causing harm to the waterways and the surrounding communities; WHEREAS,
despit despitee seriou seriouss effort effortss of the munici municipal pality ity to segreg segregate ate compos compostab table, le, recyclable, and reusable waste materials, plastic and other similar materials, remain in the waste stream and eventually become residuals; WHEREAS,
the the muni munici cipa pali lity ty is spen spendi ding ng a cons consid ider erab able le amou amount nt of mone money y for for operational and maintenance expenses on waste disposal; WHEREAS,
the present Municipal Mayor is very desirous to reduce if not totally eliminate the use of plastic film bags and Styrofoam as packaging materials, encourages the utilizati utilization on of alternative alternative packaging materials materials such as woven bags (bayong), (bayong), baskets, cloth bags (katsa), paper bags and other similar materials (e.g banana leaves, taro leaves, etc) WHEREAS,
there is a need to regulate the use of plastic bags to prevent potential serious ecological imbalance particularly in the municipal waterways.”
MUNICIPAL ORDINANCE NO. 2011, S-0_ AN OR ORD DINAN INANCE CE PROH PROHIB IBIT ITIN ING G AND AND REGUL EGULAT ATIN ING G THE USES OF PLASTICS FOR GOODS AND COMMODITIES THAT END UP AS RESIDUAL WASTE AND PROMOTING THE USE OF ECO BAGS AND OTHER ENVIRONMENT FRIENDLY PRACTICES AS AN ALTERNATIVE
PRINCIPAL AUTHORED BY: Hon. DOMINADOR A. VIVO Hon. ANTHONY C. CALLOS 1
CO-AUTHOR CO-AUTHORED ED BY
:
Hon. ESPERANZA ESPERANZA C.
FLESTADO
Be it ordained by the Sangguniang Bayan of Gubat, Sorsogon that:
TITLE 1. GENERAL PROVISIONS
Sectio Section n 1 – Titl Title e – This This ordi ordina nanc nce e shal shalll be know known n as “AN “AN OR ORDI DINA NANC NCE E PROHIBITING AND REGULATING THE USES OF PLASTICS FOR GOODS AND COMMODITIES THAT END UP AS RESIDUAL WASTE AND PROMOTING THE USE OF ECO ECO BAGS BAGS AND AND OT OTHE HER R ENVI ENVIRO RONM NMEN ENT T FR FRIE IEND NDLY LY PRAC PRACTI TICE CES S AS AN ALTERNATIVE ALTERNATIVE ”. Section 2. Scope and Coverage . This Ordinance shall cover all types of plastics that end up as residual waste. Types of plastics that are currently and economically diverted within the municipality though resource recovery such such as re-us re-use e and and recyc recycli ling ng shall shall not not be covere covered. d. Plast Plastic ic prod product ucts s and plas plasti tics cs that that form form part part of a prod produc uctt such such as from from semi semico cond nduc ucto torr and and electronic products except as container or packaging material shall not be covered. Other types of plastics that form part of the residual waste but are not explicitly prohibited, regulated or otherwise mentioned in this ordinance are considered not covered.
This Ordinance shall be applicable to and observed in all household, industr industrial, ial, commerci commercial al or busines business s establis establishme hments, nts, scrap scrap collecto collector, r, junk junk dealers and all persons, whether living or sojourning in the municipality. Section 3. Definition of Terms. For purposes of this Ordinance, the following terms are defined:
Buy back center – shall refer to a recycling center that purchases or otherwise accepts recyclable materials for the purpose of recycling. Container – shall refer to the material which contains and is in direct contact with the product especially in the cases of liquid products, wet goods, food and beverages, beverages, e.g. bottles, trays, plastic or paper wraps, laminated cartons etc.; dry and solid goods do not usually require containers. Ecob Ecobag ags s or re-u re-usa sabl ble e bags bags - are are bags ags made made out out of diff differ eren entt materials that can withstand several uses as containers and for packaging rendering them “eco”-friendly as they provide an alternative to disposable bags; commonly used ecobags are made from fabric, recycled or indigenous materials; it may also refer to “thick”plastic bags or any bag made out of plastic provided that the material is strong that will render the bag durable for for re-u re-use se;; bags bags made made from from recy recycl cled ed mate materi rial als s such such aspa aspape perr are are not not 2
necessarily considered ecoBags if not re-usable as stated, e.g. thin paper bags commonly known as “supot” used for “pandesal”. Generator (s) – shall refer to a person, natural or juridical, who last uses a material and makes it available for disposal or recycling. Packaging material – shall refer to any material which may contain but not necessarily necessarily in direct contact with the product product especially for purposes purposes of protection, preservation, handling, transport, & marketability marketability e.g. cartons, carrier carrier bags, bags, packagi packaging ng films, films, protecti protective ve foams foams for electron electronic ic product products; s; it shall also refer to any material which acts as a secondary container to a product, i.e., for purposes of containment but not in direct contact with the product, e.g. the box which contains abottle filled with liquid perfume. Person (s) – shall refer to any being, natural or juridical, susceptible of rights and obligations or of being the subject of legal relations.
Cloth bag [a.k.a. katsa] – refers to e reusable packaging material made of cloth cloth [biodeg [biodegrada radable] ble] used in the packagi packaging ng of flour, flour, wheat and other similar goods. refers to any product product that that do not require require refrig refrigera eratio tion n or Dry goods – refers freezing to maintain freshness such as textiles and clothing Dry market – generally refers to the store of products that do not require refrigeration or freezing to maintain freshness Plastic bags – also known as sando bags, pouch, plastic shopping bags and plastic firm bags. It is a type of flexible packaging material made of thin, plastic film that is used for containing and transporting food and other products [commercial or industrial]. It also refers to thin-gauge packaging medium that is used as bag or wrap. Styrofoam/styrophor – refers to a kind of packaging material used as food containers, disposable cups, plates, etc. Plastic waste – refers to any plastic material thrown as waste.
refers to those those type types s of pack packag agin ing g for for Primary Primary packagin packaging g material material – refers containing wet produce, snack foods, frozen foods, hardware etc. refers rs to those those type types s of pack packag agin ing g Secondar Secondary y packagi packaging ng material material – refe materials for wet goods to provide support to any primary packaging and intended for convenience of the handler, as well Wet foods – refers to any product that requires refrigeration or freezing to main mainta tain in fres freshne hness ss such such as fish fish,, meat meat,, poul poultr try y prod produc ucts ts,, frui fruits ts,, vege vegeta tabl bles, es, beverages and cooked foods in carinderias/eateries
–genera rall lly y refe refers rs to the the stor store e of prod produc ucts ts that that requ requir ires es Wet market market –gene refrigeration or freezing to maintain freshness. These include the wet section in public markets, supermarkets, mini marts, restaurants and carinderias/eateries. woven bags – [a.k.a. bayong], refers to biodegradable packaging material made of woven pandan, buli leaves, water lily and other similar materials.
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Post-consumer materials – shall refer only to those materials or prod produc ucts ts gener generate ated d by a busin busines ess s or consu consumer mer which which have have served served their their intended end use,and which have been separated or diverted from solid wast waste e for for the the purp purpos ose e ofbe ofbein ing g coll collec ecte ted, d, proc proces esse sed d and and used used as raw raw materials in the manufacturing of recycled product, excluding materials and by prod produc ucts ts gene genera rate ted d from from,, and and comm common only ly used used with within in an orig origin inal al manufacturing process. Recyclable waste – 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. material – shall shall refer refer to postpost-co cons nsume umerr mater material ial that that has has been been processed to be used for making a product, e.g. recycled paper. Residual wastes – shall refer to waste materials that are collected, transferred and transported for final disposal as garbage. Semi-c Semi-cond onduct uctor or and electr electroni onic c produc products ts – refe referr to prod produc ucts ts conta containi ining ng semi semicon condu ducto ctorr mater material ials s and and opera operated ted by electr electrici icity ty such such as communication and information technology gadgets like cellular phones and computers and appliances such as radios & television. For thorough understanding of this Ordinance, plastic shall refer to natural and synthetic materials that are produced by chemically modifying natural
substances or are synthesized from inorganic and organic raw materials. On the basis of their physical characteristics, plastics are usually divided into thermosets, elastomers and thermoplastics. The following table illustrates the most common types of plastics used, their applications and the symbol which is often used to identify them: Polymer Types Examples of Applications Applications Symbol: Polyethylene/Terephthalate Salad trays.
- ex. Fizzy Fizzy drin drink k and and water water bottl bottles. es.
High Density Polyethylene - ex. Milk bottles, bleach, cleaners and most shampoo bottles. Polyvinyl Chloride - ex. ex. Pipe ipes, fit fittin tings, wind indow and and door (rigidPVC). Thermal insulation (PVC foam) and automotive parts.
fram frames es
Low Density Polyethylene - ex. Carri Carrier er bags bags,, bin bin liners liners and and packag packagin ing g films. Polypropylene- ex. ex. Marg Ma rgar arin ine e tubs tubs,, micr microw owav avea eabl ble e meal meal tray trays, s, also also produc produced ed as fibres fibres and filaments filaments for carpets, carpets, wall coverings coverings and vehicle vehicle upholstery. Polystyrene - ex. Yoghurt pots, foam hamburger boxes and egg cartons, plastic cutlery, protective packaging for electronic electronic goods and toys. Insulating Insulating material in the building and construction industry.
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Unallocated References - Any other plastics that does not fall into any of the above categories - for example polycarbonate which is often used in glazing for the aircraft industry.
TITLE II. PROHIBITED AND REGULATED USE OF PLASTICS Section Section 4. Prohibite Prohibited d Uses of Plastic Plastic for Goods Goods and Commoditi Commodities es. Listed below are the prohibited uses of plastic bags:
a. To utilize utilize as packaging packaging materi material al nor as container container for dry dry and wet goods; b. To use as non-reusable plastic wares for food as containers and packaging material such as Styrofoam for food and drinks including plastic utensils such as spoon, fork and knife for dine in and especially for take out customers; c. Use of plastic pouch (commonly used for ice making) and drinking straw for beverages such as soft drinks, juices and other cold drinks like “palamig” and “gulaman:; d. Use of plastic bag as garbage bag; and e. Re-use of plastics as flaglets and “bandaritas” during “fiestas”. Sectio Section n 5. Prohib Prohibit ition ion on the Use/Se Use/Sell ll of Plast Plastic ic in any Busine Business ss Establishments. Listed below are the prohibited sell/uses of plastic in any business establishments in this municipality:
a. No busines business s establi establishme shment nt shall shall utilize utilize plastic plastic bags bags as packagin packaging g materials on dry goods; f. No business establishment dealing on wet goods shall use plastic bags as primary packaging material; c. No business establishment shall use Styrofoam/styrophor and other similar container for food, produce and other products; and d. No business establishment shall offer or sell plastic to be used as secon secondar dary y packa packagi ging ng mater material ial or as prima primary ry pack packagi aging ng materi material al on dry dry goods. e. Selling Selling and providing providing plastic bags to consumers consumers as secondary secondary packaging material material on wet goods; f. Selling and providing plastic bags to consumer as secondary packaging materials on dry goods; g. Selling and providing Styrofoam/styrophor as container; and h. Disposing plastic waste on streets, canals, body of waters and public places.
Section 6. Regulated Uses of Plastics for Goods and Commodities . The use of plastics on the following are hereby regulated:
a. Wet goods that are already pre-contained in plastic wraps, pouches, bag and the like as part of the product’s packaging materials such as frozen products, shall not be contained further in plastic bags. 5
b. Other wet goods that are not pre-contained in plastic pouches, wraps or bags are preferably to be contained in customer supplied “reusable” pre-cleaned and sanitized hard plastic containers. c. Plastic products for as long as they will end up as recyclable waste may be allowed such as plastic cups (commonly regarded as HI or High Impact), ice cream cups, egg trays, spoon & pork. d. Oil plastic bottles shall be re-used at all times since they don’t usually end up as recyclable waste; other plastic bottles that are not accepted at “buy back centers” like barangay MRFs, municipal MRF or junkshops shall be re-used and should not end up as residual waste. e. Sacks and other similar bags shall be re-used as garbage bags; garbage collectors shall return the sacks for further re-use as garbage bags.
TITLE III. ALTERNATIVE USE OF ECO BAGS AND OTHER ENVIRONMENT FRIENDLY PRACTICES Sect Sectio ion n 7. Use of Eco Eco Bags Bags and and Othe Otherr Envi Enviro ronm nment ent Frie Friend ndly ly Prac Practi tice ces s as an Altern Alternati ative. ve. All sectors sectors are strictly strictly enjoin enjoined ed to use eco bags and observe observe the following environment friendly practices:
a. Posting of Information Information and Education Campaign (IEC) materials shall be mandator mandatory y on all commerci commercial al establi establishme shments nts such as sari-sar sari-sarii stores, stores, conveni convenient ent stores, stores, grocery grocery stores, stores, market market stalls, stalls, food food establis establishme hments nts like eateries, fast-food chains, restaurants, bar and grills, general merchandisers like school supplies, hardware stores or any trading business establishment that will require containers and packaging materials for the product they trade. b. Proprie rietor tors, managers ers and opera eratio tions offi fficer cer of business establishments shall brief or train their respective personnel that will be in the frontline to implement this ordinance. c. All sectors are enjoined to use ecoBags in all aspects of its business tran transa sact ctio ions ns when whenev ever er appl applic icab able le and and the the gene genera rall publ public ic shal shalll brin bring g appropriate containers whenever they are going to the market. d. Busin Busines ess s establ establish ishme ments nts are are encou encourag raged ed to give give disco discoun unts ts and and freebies to users of ecoBags. e. Business Business establi establishme shments nts and non-gov non-govern ernment mental al organiz organizatio ations ns are enjo enjoin ined ed to prom promot ote e the the use use of ecoB ecoBag ags s by deve develo lopi ping ng thei theirr own own IEC IEC materials such as posters, pins, tarpaulins, streamers etc. f. Recovery of tetra packs or doy packs of juice drinks shall be made during occasions and wake. g. Tarpaulins and streamers shall be recovered after their intended use; the Municipal Engineering Office shall recover tarpaulins and streamers posted within the municipality after expiration of their permits; the Municipal Recovery Facilities shall recover all the tarpaulins and streamers used by the Municipality.
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h. Barangay Barangay officials shall take take the lead in their respective respective barangays barangays to ensure recovery of recyclable materials that may be used for making ecoBags. i. Recyclable materials that may be used for making ecoBags shall be brought to the MRF. j. Use of ecoBags shall be mandatory mandatory for the Municipality Municipality of Gubat; use of ecoBag made from NFA rice sack shall be made a requirement for the avail availmen mentt of NFA rice at NFA “Tinda “Tindahan han Natin” Natin” and and any any ecoBag ecoBag for the avai availm lmen entt of any any comm commod odit ity; y; simi simila larr mech mechan anic ics s shal shalll appl apply y to othe otherr programs that may require use of ecoBags. k. Recycled and recyclable bags are recommended as second best thing to ecoBags. l. Business establishments shall provide their own re-usable container for we wett good goods s and/o and/orr requi require re its costu costumer mers s to brin bring g their their own own re-us re-usab able le container for the same. m. Busi Busine ness ss esta establ blis ishm hmen ents ts shal shalll use use card cardbo boar ard d boxe boxes s to pack pack groceries and other dry goods.
TITLE IV. LGU ASSISTANCE Section 8. This Local Government Unit to ensure the enforcement of this Ordinance shall endeavor to extend assistance and subsidies, to wit: 1. On the first (1) year of the implementation of this Ordinance, the municipality shall provide woven bags (Bayong) to its constituents free of charge.
2. Conduct/sponsor free seminars and trainings for the production of woven bags and ecobags as an alternative to the use of plastics. 3. Give certificate of appreciation and commendation to individuals, association and business establishments who promoted the observance of this ordinance. 4. Give Give incen incentiv tive e to those those perso persons/ ns/as asso socia ciatio tion/ n/org organ aniza izatio tion n who who reported the violation of this Ordinance to the apprehending officer.
TITLE V. PUBLIC INFORMATION AND INFORMATION CAMPAIGN Section 9 INFO INFORM RMAT ATIO ION, N, EDUC EDUCAT ATIO ION N AND AND COMM COMMUN UNIC ICAT ATIO ION N CAMPAIGN. Upon approval of this Ordinance, the Office of the Mayor shall create .
for this purpose a taskforce who shall conduct massive information education and communicat communication ion campaigns campaigns using all possible media such as print, print, radio, radio, television television and internet.
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Section 10. Section 8. Monitoring & Enforcement. The Office of the Local Chief Exec Execut utiv ive e thro throug ugh h its its duly duly crea create ted d task taskfo forc rce e shal shalll moni monito torr the the effe effect ctiv ive e implementa implementation tion of this Ordinance. Ordinance. The MENRO shall shall include enforceme enforcement nt of the ordinance through a Task Force duly created for this purpose.
The Office of the LCE and/or the taskforce its conduct of annual compliance moni monito tori ring ng insp inspec ecti tion on shall shall incl includ ude e busi busines ness s esta establ blis ishm hment ents s cove covere red d by the the ordinance. This shall include business establishments such as sari-sari or convenient stores stores in coordinat coordination ion with barangay officials, officials, market stalls in coordinat coordination ion with Market Administrator, Administrator, food establishm establishments, ents, groceries groceries and supermarket supermarkets s among others. Non-compliance as provided for in the environment code shall be considered a ground for revocation or non renewal of business permits.
TITLE VI. IMPLEMENTATION IMPLEMENTATION OF THE THE ORDINANCE ORDINANCE Section 11. Implementing Rules and Regulations (IRR)
a. Wi With thin in thir thirty ty [30] [30] days days from from the the appr approv oval al of this this Or Ordi dina nanc nce, e, the the necessary rules and regulations shall be issued by the Office of the Mayor for the proper and effective implementation of this Ordinance. b. This Ordinance shall take effect fifteen (15) days after the date of publication in a newspaper of general circulation. TITLE VII. FINES AND PENALTIES Section 12. Penalties. Any establishment/individuals who shall violate any of the prohibited acts stated above shall be punished through the imposition of the following penalties:
First Offense
-
PhP
Second Offense
Third Offense
500.00
PhP1, 000.00 -
PhP1, 500.00
Fine and/or imprisonment of not more than six [6] months upon the disc discre reti tion on of the the cour courtt and and in the the case case of a busi busine ness ss esta establ blis ishm hmen ent, t, cancellation of its license to operate for a period of one [1] year. TITLE VIII. FINAL PROVISIONS Section 13. Separability Clause. If any part of this Ordinance is declared
as unconstitutional or unlawful, such declaration shall not affect the other parts or sections hereof that are not declared unlawful or unconstitutional. Section 14. Repealing Clause. All previous ordinances inconsistent with this Ordinance shall be deemed repealed or modified accordingly. Section 15. Effectivity. This Ordinance shall take effect after the lapse of (15) days from the date of publication in a newspaper of local circulation or after posting of the same in three (3) conspicuous places in the Municipality.
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