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Republic of the Philippines General Santos City OFFICE OF THE SANGGUNIANG PANLUNGSOD

CHAMPIONS

EXCERPT FROM THE MINUTES OF THE 112T H REGULAR SESSION OF THE 17 TH SANGGUNIANG

PANLUNGSOD, CITY OF GENERAL SANTOS, HELD AT THE SANGGUNIANG PANLUNGSOD SESSION HALL ON TUESDAY, OCTOBER 27, 2015.

PRESENT:

Hon. Shirlyn L. Bafias-Nograles Hon. Dominador S. Lagare III Hon. Elizabeth B. Bagonoc Hon. Ramon R. Melliza Hon. Rosalita T. Nufiez Hon. Brix T. Tan Hon. Arturo C. Cloma Hon. Richard L. Atendido Hon. Vivencio E. Dinopol Hon. Marius Orlando A. Oco Hon. Eduardo D. Leyson IV

ABSENT:

Hon. Franklin M. Gacal, Jr. Hon. Shandee Theresa 0. Llido-Pestano Hon. Rogelio D. Pacquiao

City Vice Mayor and Presiding Officer City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor

City Councilor (OL) City Councilor (OL) City Councilor (President, Liga ng mga BarangaA (OL)

WHEREAS, Article II, Section 16 of the Philippine Constitution provides:

"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";

WHEREAS, Section 16 of the Local Government Code (RA 7160) also provides:

"Section 16. General Welfare. — Every Local Government Unit shall exercise the power expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, Local Government Units shall ... promote health and safety, enhance the right of the people to a balanced ecology, maintain peace and order, and preserve the comfort and convenience of their inhabitants."

WHEREAS, Section 16 of Republic Act (RA) No. 9003, otherwise known as the "Philippine Ecological Solid Waste Management Act of 2000," states 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 reuse, 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";

ORDINANCE NO. 26, SERIES OF 2015 vvwvv.spgensantos.ph 083 302 0263 Page 1

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WHEREAS, Section 4, Rule XIX of the Implementing Rules and Regulations (IRR) of Republic Act No. 9003 emphasizes that local government units shall be required to legislate appropriate ordinances to aid in the implementation of this Act and in the enforcement of its provisions; provided, such ordinances shall be formulated pursuant to

relevant provisions of R.A. No. 7160;

WHEREAS, Section 23.c of the General Santos City Ecological Solid Waste Management Ordinance of 2008 stipulates that the city shall establish a Materials Recovery Facility (MRF) within its sanitary landfill complex with composting facility and storage of

recyclable waste, recovered and delivered;

WHEREAS, the widespread use of plastic bags, plates, cups and polystyrene containers have become an ecological problem for the city as these non-biodegradable materials are difficult to dispose, usually turning up in esteros, canals, riverbanks, sea coast, and other bodies of water, blocking and clogging the city's drainage outfalls which eventually cause flooding the people experience every time there is a heavy downpour;

WHEREAS, data from the Department of Environment and Natural Resources (DENR) show that more than 80% of the garbage retrieved from the country's shoreline is made up of non-biodegradable materials such as plastic and rubber and about half of these are plastics which take as much as 20 years before they decompose and which have

become a global threat to the environment;

WHEREAS, this city council recognizes that due to their harmful effect to the environment, there is a need to regulate the use of plastic to prevent their unnecessary proliferation as well as to institute measures designed to reduce the volume of plastic

bags in the environment, dumpsite, and sanitary landfill;

WHEREAS, recycling of waste plastics will help decrease the amount of post-consumer plastics diverted to the City Sanitary Landfill thereby freeing up space for non-biodegradable wastes and reducing long-term costs of landfill operation and maintenance;

WHEREAS, products made out of recycled plastic may be sold to and/or utilized by local communities providing a sustainable strategy for end-of-life waste management of

plastic products;

WHEREAS, Rule VII (i) of the DENR Administrative Order 2001-34, otherwise known as the "Implementing Rules and Regulations of the Philippine Ecological Solid Waste Management Act of 2000," provides that the Department of Education together with the Commission on Higher Education shall ensure that waste management shall be incorporated in the curriculum of primary, secondary and college students;

WHEREAS, Section 2.a, Rule XXI of DENR Administrative Order 2001-34 provides that the Department of Education (DepEd), the Technical Education and Skills Development Authority (TESDA), the Commission on Higher Education (CHED), the Department of Environment and Natural Resources (DENR) and other concerned agencies shall aggressively incorporate ecological solid waste management in the school systems at all levels, emphasizing the involvement of the school administrators, teaching and non-teaching staff, and studentry in school-wide and nearby community waste management actions, and in the strengthening of the waste management content in the curricula;

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WHEREAS, the council recognizes that there is an urgent need to promote and practice material recycling as a priority solution in waste processing, upholding the principles of sustainability and making them functional and meaningful;

NOW, THEREFORE, on motion of City Councilor Elizabeth B. Bagonoc, duly

seconded by City Councilors Rosalita T. Nunez and Richard L. Atendido, be it -

RESOLVED, as it is hereby resolved, to enact the following Ordinance:

ORDINANCE NO. 26 Series of 2015

AN ORDINANCE ESTABLISHING THE GENERAL SNTOS CITY PLASTIC RECYCLING

FACILITY WITHIN THE SANITARY LANDFILL COMPL

AEX, PRESCRIBING GUIDELINES ON

ITS OPERATION AND PROVIDING FUNDS THEREFOR

HON. ELIZABETH B. BAGONOC, MDMG, DPA — Author HON. RICHARD L. ATENDIDO and HON. FRANKLIN M. GACAL, JR. — Co- Authors

Section I. Short Title. - This Ordinance shall be known as "The General Santos City

Plastic Recycling Facility Ordinance."

Section 2. Definition of Terms. — As used in this ordinance, the following terms are

defined:

a. Plastic — a material consisting of any of a wide range of synthetic or semi-synthetic organics that are malleable and can be molded into solid objects of diverse shapes. Plastics are typically organic polymers of high molecular mass, but they often contain other substances. They are usually synthetic, most commonly derived from petrochemicals but many are partially natural.

b. Commingled Soft Plastic — a mixture of flexible plastic items, e.g., grocery bags, "sando" bags, shampoo sachets, sandwich bags and the like that may be made of different plastic resins such as polyethylene and polyethylene terephthalate.

b. Plastic Recycling — the process of recovering scrap, post-consumer or waste plastic and reprocessing the material into useful products, sometimes completely

different in form from their original state.

d. Plastic Recycling Facility — plant or factory where plastic recycling takes place.

Section 3. Description of the Plastic Recycling Technology. — The technology mainly involves densification of commingled soft plastics by melting them at a controlled heating temperature. The resulting molten waste plastic is molded by casting into metal molds and then shaped and assembled into school chairs, benches and planks for flooring, decking,

pathways and others.

Section 4. Operation. — The facility shall comply with and observe the following

operational requirements: ,o. ■11■11...M.......1101•111~

ORDINANCE NO. 26, SERIES OF 2015 5A.i Page 3

a. General Requirements. - The plastic recycling facility (henceforth abbreviated to "facility") shall contain equipment and machinery designed, constructed and/or installed in accordance with the specific type of plastic being processed. The facility shall operate the recycling process that include, but are not limited to the collection, sorting, separation, cleaning, size reduction and melting of recovered plastics which will be repurposed for beneficial use.

Installations and machinery shall strictly adhere to the specifications of the equipment manufacturer and the recycling facility operator. Authorized competent and experienced personnel shall inspect the facility prior to its use to ensure that the site, infrastructure, activities performed and machinery contained therein adhere to operational and applicable government regulatory requirements.

b. Safety Procedure. - The facility operator shall ensure that the plant is strictly in compliance with the laws and regulations that provide for worker safety and well-being in order to reduce the incidence of worker injury and liability costs associated with it. The Occupational Safety and Health Standards, promulgated in 1978 and amended in 1989, shall be observed at all times.

c. Training of Facility Personnel. - All personnel involved in the commissioning, operation and maintenance of the facility shall be trained in the proper identification, sorting, segregation and preparation of recyclable plastics and in the operation and maintenance of machinery and equipment.

d. Treatment of Wastewater. — The facility operator shall be required to put up a wastewater treatment facility that shall ensure that effluent and other discharge from the plastic recycling process meet the Effluent Standards of the DENR.

e. Environmental Compliance. — The facility shall be compliant with applicable environmental laws and regulations.

Section 5. Budgetary Requirements and Logistical Support. - The facility personnel shall be provided by the City Waste Management Office, subject to budgetary, logistical and training requirements. Operating and capital expenses for the establishment of the facility shall be sourced from the General Fund or any other source of fund available thereof with the amount of Ten Million Pesos (P10,000,000.00).

Section 6. Duties and Functions of the Facility Personnel. — The facility personnel

shall undertake the following:

a. Operate the plastic recycling facility; b. Conduct preventive maintenance on machinery, equipment and premises;

c. Submit monthly report of facility recycling ratio, production and output utilization;

The City Waste Management Office (WMO) shall be the main implementing office of the Ordinance. It shall conduct regular monitoring and inventory of the facility's operation and production. It shall conform to best practices and industry standards in plastic recycling as well as operation, occupational and safety standards prescribed in the Occupational Safety and Health Standards issuance of the Department of Labor and Employment (DOLE).

Section 7. Facility Product Utilization. — The Office of the City Mayor shall determine and decide how to utilize the products of the plastic recycling facility whether they are going to be sold to the open market or donated to institutions.

ORDINANr. 26, SERIES OF 2015 Page 4

Section 8. The Ordinance shall be incorporated in the Development Plan of the General Santos City Sanitary Landfill. The Ordinance's provision on the facility's operation, logistical support, and the duties and functions of its personnel shall be integrated in the Operation Manual of the General Santos City Sanitary Landfill.

Section 9. Implementing Rules and Regulations. — The Office of the City Mayor and the City Waste Management Office shall formulate and issue the Implementing Rules and Regulations (IRR) of this Ordinance within fifteen (15) working days after the approval of

this Ordinance.

Section 10. Separability Clause. — If, for any reason, this Ordinance or parts hereof be declared unconstitutional or invalid by a competent court, other parts or provisions thereof not affected shall remain in full force and effect.

Section 10. Repealing Clause. — All ordinances, issuances, rules and regulations inconsistent with the provisions of this Ordinance are hereby repealed or modified

accordingly.

Section 11. Effectivity Clause. - This Ordinance shall take effect fifteen (15) days after its publication in a newspaper of general circulation within the City of General Santos.

Enacted by the 17th Sangguniang Panlungsod, City of General Santos on its 112th

Regular Session held on October 27, 2015.

CERTIFIED CORRECT:

ATTY. RC111)QUE Secretary to the Sanggunian

ATTESTED BY:

CS 914AD-6V

SHIRLYN L. BANAS-NOGRALES City Vice Mayor and Presiding Officer

Approved by His Honor, the City Mayor on rsloq.,w1bwr z4 , 2015.

RONNEL C. RIVERA City Mayor

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ORDINANCE NO. 26, SERIES OF 2015 Page 5