REPUBLIC OF THE PHILIPPINESPROVINCE OF SOUTH COTABATO

OFFICE OF THE SANGGUNIANG PANLALAWIGANCITY OF KORONADAL

Author:Romulo O. Solivio Sr.

SP Member

RESOLUTION ENACTING AN ORDINANCE PROHIBITING, REGULATING AND PRESCRIBING CERTAIN USES OF PLASTIC BAGS FOR GOODS AND COMMODITIES

THAT END UP AS RESIDUAL WASTES AND PROMOTING THE USE OF ECO-BAG AND OTHER ALTERNATIVE PACKAGING MATERIAL, AND PROVIDING PENALTIES FOR

VIOLATION THEREOF

WHEREAS, Article II, Sec. 6 of the Philippine Constitution provides that 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 3 (1) of RA 9003 otherwise known as the Ecological Solid Waste Management Act of 2000 strictly prohibits the manufacture or use of non-environmentally acceptable materials and requires biodegradable and environment-friendly materials for packaging as part of the solid wastes management program;

WHEREAS, Section 14 of RA 9279 otherwise known as the Climate Change Act states that the LGU shall be the frontline agencies in the formulation, planning and implementation of climate change action plans in their respective areas;

WHEREAS, Sec. 3 (i) of RA 7160 provides that the Local Government Units shall share with the national government the responsibility in the management and maintenance of ecological balance within their territorial jurisdiction;

WHEREAS, Sec. 447 (vi) of RA 7160 also empowers the Sangguniang Panlalawigan to protect the environment and impose appropriate penalties for acts which endanger the environment including such activities which results in pollution of rivers and lakes or of ecological imbalance; and

WHEREAS, it is high time for the province of south cotabato to pass an ordinance that shall selectively ban plastic materials to reduce the generation of residual wastes and prevent its corresponding impacts to the environment and to the general populace;

WHEREFORE, on motion of Hon. Romulo O. Solivio Sr.,the body:

RESOLVED, as it is resolved to enact the following ordinance:

AN ORDINANCE PROHIBITING, REGULATING AND PRESCRIBING CERTAIN USES OF PLASTIC BAGS FOR GOODS AND COMMODITIES THAT END UP AS RESIDUAL WASTES AND PROMOTING THE USE OF ECO-BAG AND OTHER ALTERNATIVE

PACKAGING MATERIAL, AND PROVIDING PENALTIES FOR VIOLATION THEREOF

Be it enacted by the Sangguniang Panlalawigan of South Cotabato in session assembled:

SECTION 1. Title. This ordinance shall be known as “The selective plastic ban and the use of alternative material or eco-bag in the province of south cotabato.”

SECTION 2. Declaration of Policy. It shall be the policy of the Provincial Government of South Cotabato, as provided for by section 16 of RA 7160 to promote health and safety and enhance the right of the people to a balanced ecology, and to minimize if not eliminate activities that generate residual waste and to promote practices that will support reduction or avoidanceof residual waste generation in the province.

SECTION 3. Scope and Coverage. This Ordinance shall cover all types of plastics that end up as residual wastes. Types of plastics that economically diverted through resource recovery such as re-use and recycling shall not be covered. This Ordinance shall be applicable to and observed in all households, industrial, commercial or business establishments.

SECTION 4. Definition of Terms. For the purpose of this ordinance, the following terms shall mean and be defined as follows:

a. Dry goods- are dry products such as textiles, ready to wear clothing and sundries. Also refers to any products that do not require refrigeration or freezing to maintain.

b. Plastic bag/packaging-also called “sando” bag, pouch, plastic shopping bag and plastic film bag. It is type of flexible material made of thin plastic film, used for packaging or to carry out merchandise. It is also a thin-gauge plastic medium used for packaging, wrapping and transporting goods.

c. Styrofoam- an object made out of light-weight material called polystyrene. It has very good insulation properties and is used as packaging material, food container among others.

d. Wet goods- any product that is liquid in form, moist or covered with liquid such as fish, meat, beverages, cooked or processed foods, etc.

e. Reusable bag- a shopping bag designed and manufactured so that it can be used again and again.

f. Biodegradable plastic bags-refer to plastic bags made with biodegradable components such as resins containing starches or in combination with polylactic acid (PLA) or in part such as those with biodegradable additives like oxobiodegradable plastic bags.

g. Non-biodegradable-refers to waste that will not decompose for many years. h. Alternative packaging material-refers to materials which poses no harm to the

environment such as woven bags (bayong), baskets, cloth bags (katsa), paper bags and other similar materials.

i. Residual wastes- shall refer to waste materials that are collected, transferred and transported for final disposal as garbage.

j. Recycled material- shall refer to post-consumer material that has been processed to be used for making a product, e.g. recycled paper.

k. Recyclable waste- shall refer to any waste material retrieved from the waste stream and free from contamination that can be converted into suitable beneficial use or for other purposes.

l. Plastics- shall refer to natural and synthetic materials that are produced by chemically modifying natural substances or are synthesized from inorganic and organic raw materials.

m. Secondary packaging materials- refer to those type of packaging for wet goods to provide support to any primary packaging and intended for convenience of the handler as well.

SECTION 5. Prohibited uses of plastic for goods and commodities. List below are the prohibited uses of plastic bags:1. Packaging material and container for dry goods2. Plastic bag as garbage bag3. Plastic as flaglets and “banderitas” in all occasions4. Secondary packaging material for wet goods5. Use of plastic pouch for drinking beverages such as softdrinks, palamig, or gulaman.6. Use of non-plastic wares for food as containers and packaging material such as

styrofor for food and drinks including plastic utensils such as spoon, fork, cups & knife for dine in and especially for take out customers.

A grace period of six (6) months upon effectivity of this ordinance shall be given to affected stakeholders that produce, use, buy, sell, exchange or provide above-mentioned prohibited uses of plastics to consume and dispose their current supply or inventory.

SECTION 7. Regulated uses of plastics for goods and commodities.

1. Use of a plastic bag as container for wet goods shall be optimized.2. Wet goods that are already pre-conditioned in plastic wraps, pouches, bag and the

like as part of the product’s packaging materials such as frozen products.

3. Plastic products that will end up as recyclable/reusable.4. Sacks and other similar bags shall be reused as garbage bags. Garbage collectors

shall return the sacks for further reuse of garbage bags.SECTION 8. Fines and Penalties. Those who were found to have violated the provisions of this ordinance shall be meted with the following fines and penalties;

For Any person or individual:

First Offense – Php 100.00Second Offense – Php P300.00 Third Offense – Php 500.00 and/or imprisonment of one month at the discretion of competent court

For Business establishment:

First offense – Php 2,000.00Second Offense – Php 3,000.00 and suspension of business permit/operation at the discretion of LGUThird Offense – Php 5,000.00 and cancellation of business permit (mayors permit)by the concerned LGU

Citation ticket shall be developed by each local government unit (LGU).

SECTION 9. Monitoring and Implementation. The Office of the Provincial Governor thru the Provincial Environment Management Office (PEMO) in coordination with all local government unit (LGU) shall cause the effective implementation of this ordinance. All LGUs of the Province of South Cotabato shall adopt the ordinance.

SECTION13. Separability Clause. If any part of this ordinance is declared unconstitutional, the remaining parts not affected thereby shall continue to remain valid and effective.

SECTION 14. Repealing Clause. All ordinances, executive orders, rules and regulations or parts thereof inconsistent herewith are hereby deemed repealed or modified accordingly.

SECTION 15. Effectivity Clause. This Ordinance shall take effect immediately after upon three (3) consecutive and posting of the same in at least three (3) conspicuous public places in the Province for a period of three (3) weeks, whichever occurs later.