REPUBLIKA NG PILIPINAS TANGGAPAN NG PANGULO- Pangasiwaan Sa Pagpapaunlad Ng Kalakhang Maynila (Metropolitan Manila Development Authority) METRO MANILA COUNCIL MMDA Resolution No. _10 - 01 Series of 2010 URGING THE LOCAL GOVERNMENT UNITS OF METRO MANILA TO ENACT AN ORDINANCE PROVIDING MINIMUM REQUIREMENTS AND STANDARDS IN THE ESTABLISHMENT AND OPERATION OF JUNKSHOPS IN THEIR AREAS OF JURISDICTION WHEREAS, it has been observed that the proliferation of junkshops in Metro Manila particularly those located along the streets, contribute to traffic congestion and likewise destroy the aesthetic of the urban environment due to piles of junks/ recyclable ‘materials stored on the roofs and in the frontages of these shops; WHEREAS, the obstacle/obstruction caused by the vehicles and pushcarts of clients and deliverymen of these junkshops as well as the piles of junks/waste materials on the roofs pose grave risks and danger to the motorists and pedestrians; WHEREAS, there are complaints of filthy junkshop frontages which are eyesores to the community caused by indiscriminate disposal of their residual wastes and the use of the junkshops’ roofs as storage area and sidewalks as sorting area; WHEREAS, junkshops which are disorderly/filthy/not properly operated and maintained affect the health and living condition of the residents; ‘WHEREAS, Section 15 of the Philippine Constitution provides that “the state shall protect and promote the right to health of the people and instill health consciousness among them”; WHEREAS, Section 3 (b) of RA 7924 mandates MMDA to formulate and implement policies, rules and regulations, standards, programs and projects for the promotion and safeguarding of the health and sanitation of the region and for the enhancement of ecological balance and the prevention, control and abatement of environmental pollution; ‘WHEREAS, the Metro Manila Council (Council), in session duly assembled, after due deliberation, recognized the need to regulate all junkshops thru the Solid Waste Management Office of the seventeen (17) local government units of Metro Manila to censure that these are properly operated and maintained in accordance with existing laws, rules and regulations in order to protect the urban environment and safeguard the health of Metro Manilans; MMDA Building, EDSA, Makati City Contact Nos.: 882-4151 to 77, Metrocall “36” * Fax No. (632) 8822628 ‘Website:www.mmda.gov.ph Page | of 9scat ABALOS, JR. Mayof, Mandaluyong City LICIANO R. ps Mewar. Quezoe City | AAt / - pea ea JR. Mayor, City of Paraflaque ENRICO R. ECHIVERRI Nira Sig i Calnoean, Page 2 of 9Page 2. . . / URGING THE LOCAL GOVERNMENT UNITS OF METRO MANILA TO ENACT AN ORDINANCE PROVIDING MINIMUM REQUIREMENTS AND STANDARDS IN THE ESTABLISHMENT AND OPERATION OF JUNKSHOPS IN THEIR AREAS OF JURISDICTION NOW, THEREFORE, be it resolved as it is hereby resolved, pursuant to Section 6 of RA 7924, that the Council hereby urges the Local Government Units of Metro Manila to enact an ordinance providing minimum requirements and standards and basic guidelines in the establishment and operation of junkshops in their areas of jurisdiction. RESOLVED FINALLY, that the draft ordinance regulating the establishment and operation of junk shops attached hereto as Annex A, be adopted by the seventeen (17) Local Government Units (LGUs) of Metro Manila in order to have a standard ordinance throughout the metropolis. This Resolution takes effect upon approval. APPROVED and CONFIRMED City, Metro Manila, Philippines. SX day of January, 2010, in Makati JUDGE OSCAR ATINOCENTES (Ret.) / / ‘Chairman { tie FELICIANO R. ans FLORENCIO M. BERNABE, JR. BENJ, INC ABALOS, JR. Mayo, Mandaluyong City Mayor, Quezon City Mayor, City of Parafiaque ke ~~ JES [AR C. BINAY ENRICO R. ECHIVERRI Maybr, City of Makati Mayor, City of Caloocan: Page 2 of 9Page 3... / URGING THE LOCAL GOVERNMENT UNITS OF METRO MANILA TO ENACT AN ORDINANCE PROVIDING MINIMUM REQUIREMENTS AND STANDARDS IN THE ESTABLISHMENT AND OPERATION OF JUNKSHOPS IN THEIR AREAS OF JURISDICTION JOSEPH VICTOR G. EJERCITO Mayor, San Juan City ul LOURDES C. FERNANDO Mayor, City of Marikina ALFREDO S. LIM Mayor, City of Manila Ctl Gt CANUTO S. ORETA Mayor, City of Malabon a ae TOBIAS REYNALD M. TIANGCO Mayor, Navotas City ‘WENCESLAO B. TRINIDAD Mayor, Pasay City Page 3 of 9Annex A (CITY/MUNICIPAL ORDINANCE NO.___ Series of 2009 REGULATING THE ESTABLISHMENT AND OPERATION OF JUNK SHOPS AND PROVIDING PENALTIES THEREFOR WHEREAS, it has béen observed that the proliferation of junkshops particularly those located along the city/municipal streets, contributes to traffic congestion and likewise destroys the aesthetic of the urban environment due to piles of junks/recyclable materials stored on the roofs and in the frontages of these shops; WHEREAS, the obstacle/obstruction caused by the vehicles, pushcarts of clients and deliverymen of these junkshops as well as the piles of junks/waste materials stored ‘on the roofs of the junkshops pose grave risks and danger to the motorists and pedestrians; WHEREAS, junkshops which are disorderly/filthy/not properly maintained affect the health and living condition of the residents; WHEREAS, there is a need to incorporate the operations of junkshops to the City’s/Municipality’s Solid Waste Management System/Programs so as to organize and standardize the activities of these junkshops in accordance with existing policies and provisions of the law through proper accreditation procedures; WHEREAS, Section 15, Art. II of the Philippine Constitution provides that “the state shall protect and promote the right to health of the people and instill health consciousness among them”; WHEREAS, the Local Government Code of 1991 empowers the city/municipality to regulate the use of land, buildings and structures within the city/municipality in order to promote the general welfare and for this purpose, it shall require that buildings and the premises thereof and any land within the city be kept and maintained in a sanitary condition and impose penalties for violation thereof; WHEREAS, the City/Municipal Council of in session duly assembled, after due deliberation, recognized the need to regulate the operation of junkshops within the city/municipality to ensure that these are properly maintained in ‘accordance with existing laws, rules and regulations in order to protect the urban environment and safeguard the health of the residents; Page 4 of 9NOW, THEREFORE, be it enacted by the City/Municipal Council of in session duly assembled, that: Section 1. PURPOSE. This Ordinance provides minimum requirements and standards and basic guidelines pertaining to sanitary and safety requirements of all junkshops within the city/municipality. Section 2, COVERAGE. This Ordinance shall apply to all junkshops operating within the city/municipality. Section 3. DEFINITION OF TERMS. As used in this Ordinance, the following words shall mean: a. Junk b. Recyclable Material c. Junk Shop = Any waste material or discarded material such as old iron or other metal or substance, glass, paper, muchine parts, accessories, discarded machinery or discarded machines in whole or in part and any material commonly and generally known a “junk”, in the ordinary meaning of the word, acquired and/or collected. = (RA 9003) 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, newspapers, ferrous scrap metal, non ferrous scrap metal, used oil, corrugated cardboard, aluminum, glass, office papers, tin cans, plastics and other materials as may be determined by the Commission. -a place where discarded recyclable materials are brought or bought, sorted, stored and sold. d. Junk Dealer - a person, entity or corporation who is engaged in the business ©. Operator of buying and selling of recyclable materials. He maybe a junk shop operator, a consolidator ( or bulk buyer from junk shops), or a pushcart person who buys or collects recyclable materials from houscholds and sell the same to junk shops. = a person or group of persons who owns, operates, manages, supervises and controls a junkshop, its premises and facilities. Section 4. REGULATORY REQUIREMENTS 1. _Junkshop operators are required to secure Clearance or Permit to Operate from the Solid Waste Management Office or the CENRO of the Page 5 of 9city/municipality indicating therein the name of establishment and operator; location; contact number; initial capital; number of service vehicle; kind of junk materials traded. Said clearance/permit shall be posted in a ‘conspicuous place inside the establishment; ‘After the issuance of Clearance or Permit to Operate from the Solid Waste Management Office or the CENRO of the city/municipality, the operators shall secure Business Permit including Fire Inspection Certificate, Sanitary Permit and Locational Clearance; The operator and employees of the junkshop shall also be required to secure a health certificate issued by the local health officer. The same shall be renewed every year and shall be made available upon inspection; A sign board shall be installed outside the junkshop indicating the name of junkshop, contact number, business permit, and name of affiliation to any jjunkshop organization; Junkshops should have sufficient parking space (owned or rented) to accommodate clientele vehicles/delivery pushcarts/pedicabs; ‘A junkshop must have a minimum floor area of 50 square meters that must be enclosed, roofed and properly ventilated; The junkshop operator must provide space for loading and unloading of junk materials inside their premises as defined in nos. 5 & 6 and never on roadways and sidewalks. The designated parking area must not be utilized for storage or as work area; The Local Government Units (city/municipal/barangay) shall be responsible in the implementation of this Ordinance and shall not issue permit/clearance if the required floor area for establishment is less than fifty (50) square meters; ‘The junkshop operator must maintain an orderly piling of waste materials for storage and sanitary surrounding to avoid eyesore, and fire hazard, and must at all times observe safety; The junkshop operator must maintain a separate sorting area, weighing area and storage area; Delivery and pick-up of junk materials by consolidators or bulk-buyers must be strictly observed from 10:00 am. up to 3:00 p.m. only to avoid obstruction/flow of traffic during rush hours and to follow strictly traffic rules and regulations; Page 6 of 915. Junkshop operators and junk dealers are required to register their pushcart/pedicab with the barangay where the junk shop is located. They shall be issued laminated personal identification cards (IDs) and sport a corresponding body number for their pushcart/pedicab. Aside from the body ‘umber, the name of the junkshop and the barangay where the business is located shall be boldly posted/written thereof. With regard to the freelance pushcart boys, they are also required to register in their barangays; Junk shop operators shall be allowed to open their shops and their trade within their jurisdiction from 6:00 a.m. up to 6:00 p.m. only. For purposes of identification and security, all junk dealers are required to wear their IDs at all times and to follow the color coding scheme of their pushcarts specified by the SWM Head of LGU; A septic tank or a waste water treatment system should be installed if washing of recyclable materials is required; There should be no noxious matter, any harmful substance, market waste, residual waste and industrial waste that shall be disposed off by junkshop operators or dealers unto streets, roads, sidewalks, alleys, bodies of water or in any pathway or place not approved by the local health office or other concemed agencies as disposal site for such; There should be no using of open lots and open areas for the disposal of residual waste; Junkshop operators are required to maintain a record of the type and volume of incoming and outgoing recyclable materials to be made available anytime to the LGU Solid Waste Management Office, Metro Manila Solid Waste Management Board (MMSWMB)/or MMDA. Prohibited Acts. The following practices are strictly prohibited: Operating /maintaining a junkshop without securing license to operate from the local government concerned; Use of unregistered pushcarts and/or pedicabs in the collection or delivery of recyclable materials; Utilizing sidewalk as sorting, weighing area, storage area and parking area; Utilizing the roof of the junkshop as storage section; Indiscriminate littering/dumping/throwing of garbage, rubbish or any kind of waste from the junkshop in an open space, creek/river/canal or drainage; Page 7 of 913. 14, Washing of recyclable materials without the required waste water treatment system; Burning of waste or any materials within the junkshop premises; Conduct of activities that create loud noise or noise pollution; Employment of minors (less than 18 years of age); Accepting and treating of toxic and hazardous waste; Emission of foul odor in work areas within the junkshop; ‘Any structure, materials, equipment, machinery or vehicle abutting unto public streets or sidewalks that affect and obstruct the convenient passage of traffic and passers-by; Buying and selling of scrap or any other materials which are government property; Violation of anti-fencing law. Section 6. Fines and Penalties Any junkshop operator and/or junk dealer as described in Section 3, d and e of this ordinance who violates any provision of this ordinance shall be fined and penalized with the following: OFFENSE, ciry MUNICIPALITY 1 Offense Three thousand _ pesos | One thousand five hundred (P3,000) and a seminar on | pesos (P1,500) and a environmental sanitation, | seminar on environmental sanitation. 2" Offense Four thousand _pesos | Two thousand pesos (2,000) (P4,000) and a seminar on| and a seminar on environmental sanitation. | environmental sanitation 3" Offense Five thousand _pesos | Two thousand five hundred (5,000) and cancellation of | pesos P2,500) and permit. cancellation of permit Page 8 of 9Section 7. If for any reason, any section or provisions of this Ordinance is declared illegal or unconstitutional, other sections and/or provisions thereof which are not affected thereby shall continue to be valid and in full force and effect. Section 8. All previous Ordinances and rules/regulations inconsistent with the provisions hereof are deemed repealed or modified accordingly. Section 9. Effectivity. This Ordinance shall take effect fifteen (15) days after posting in public and conspicuous places and publication in a local newspaper. Enacted this___day of. in Metro Manila, Philippines. Page 9 of 9