MUNICIPAL ORDINANCE NO.

16-2014

AN ORDINANCE ENACTING THE ENVIRONMENT CODE

OF THE MUNICIPALITY OF BAMBAN, TARLAC

Sponsored by: COUN. JULY A. VITUG (Committee on Environment & Natural Resources )

Be it enacted by the Sangguniang Bayan in session assembled , that:

CHAPTER I
GENERAL PROVISIONS

Section 1. TITLE AND SCOPE. This Code shall be known as the Environment Code of
Bamban, Tarlac. It covers all ordinances previously enacted by the Sangguniang
Bayan, which are relevant to the protection, conservation, utilization and
management of the environment specifically along the areas of land, water and
air. It also serves as an enabling law of national laws related to the environment

Section 2. PURPOSE. The purpose of the Code is to protect, conserve, utilize and manage
the environment by integrating, planning, implementation, monitoring and
evaluation of programs, projects and activities on Local Environment
Management.

Section 3. FORM AND STYLE. The provisions of this Code preserve the original text and
form of ordinances when they were passed, while other provision have been
written for the purpose of consolidation or simplify for the sake of clarity and style.

Section 4. REFERENCE TO CODE. Whenever reference is made to any portion of the Code
the reference applies also to all amendments and additions made now or
hereafter.

Section 5. RELATION OF CODE PRIOR TO ORDINANCES. The provisions of this Code as

they bear substantially the same subject matter as the ordinances included in the
codification shall be construed as restatements and continuations and not as new
enactments. Should the provisions of the different sections in this Code conflict or
contravene with one another, the provision, which is last in the ordinal sequence,
shall govern.

Section 6. RULES WHICH SHALL BE FOLLOWED IN INTERPRETING THE CODE.

a. General Rule. All words and phrases shall be constructed and understood
according to the common and approved usage of the language; but technical
words and phrases and such others that may have acquired a peculiar and
appropriate meaning in the law shall be construed and understood according to
the peculiar and appropriate meaning.

b. Gender. Singular and Plural. Every word in the Code importing the masculine
gender as well as the words “he/she”, his/her” and “him/her” shall extend to and
be applied to several persons or things as well as one person; and every word

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 importing the plural number shall extend and be applied to one person or thing as
well as to several persons or things.

c. Person. The word “person” shall extend and be applied to natural and juridical
persons such as firms, corporations, or voluntary association, unless plainly
inapplicable.

d. Tenses. The use of any verb in the present tense shall include the future when
applicable.

e. Shall Have Been. The words “shall have been” include past and future cases.

f. Shall. “Shall” is mandatory.

g. May. “May” is permissive.

h. Reasonable Time or Notice. In all cases where any provision of this Code shall
require any act to be done in a reasonable notice to be given, that reasonable
time or notice shall mean such time only as maybe necessary for the prompt
performance of the duty, or compliance with the notice.

i. Computation of Time. When the Code refers to a day that means a working day
for government offices beginning from 8:00 in the morning up to 5:00 in the
afternoon. A month consists of 30 days except when the particular month is
mentioned where the number of days within the month shall be basis of counting
time.

Section 7. SPECIFIC ASPECTS:

7.1 Commitment. The Municipality hereby commits to effectively and efficiently

implement this Code in support thereof to make available adequate human
resources, funding, equipment, machineries and other resources.

7.2 Basic Principles. The principles involved hereon are the following:

i. Integration. Characterized by comprehensive scope, coherent and consistent

strategies and cost-effectiveness of results of the policy making and
implementation process to be undertaken. Integration is the principle behind the
mandate for the Municipality to implement and translate into its development
initiatives national policies, plans and programs.

ii. Interdisciplinary. Refers to the recognition of the need to a diverse field of

knowledge to include natural, social, and engineering sciences aside from
available traditional knowledge.

iii. Precautionary Principle. Where the Municipal Government will take immediate
preventive action, using the best available knowledge, in situations where there
is reason that something is causing a potentially severe or irreparable
environment harm even in the absence of conclusive scientific evidence
establishing a causal link. This principle also applies in the formulation of
predictive policies in Local Environment Management. The following
requirements shall be submitted by the applicant: 2. Detailed description of the
physical, biological, social environment within which the development or
construction will occur. 4. Detailed description of other actions planned.

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 iv. Polluter Pay Principle. Polluters assume the external costs of pollution upon the
community and the environment. Example: Negotiated compensation for
damages caused to the physical environment.

v. Intergenerational Equity. Means ensuring equal access to goods and resources for
people in the present and future generations.

vi. Public Participation. Consists of appropriate access to information held by public

authorities and the participation of the general public in the decision making
process. This is necessary for stakeholders to gain a sense of ownership of the
issues sought to be addressed, and of the interventions and solutions, which are
decided upon and ultimately empower communities without using the coercive
power of the State.

Section 8. . ENVIRONMENTAL ASSESSMENT POLICIES. The Municipality of Bamban

hereby adopts policies that will promote the environment-friendly activities of
business, industry, and settlements in the urban areas and suburbs as far as
infrastructure and social services are concerned.

8.1 It should be ascertained that any proposed project needing the approval of the
Municipal Government requiring the issuance of a permit would not cause
significant negative environmental impact on the physical, biological, and socio
economic environment.

8.2 There shall be conducted a yearly inspection of local business sites and
premises to determine the preservation of the physical environment. Should
there be findings of the degradation, destructions or violations of the environment
appropriate and immediate actions shall be instituted to mitigate or control the
effects of such environmental degradation and the full force of the law shall be
applied to the violators.

Section 9. ANNUAL ENVIRONMENTAL ASSESSMENTS. The operations, premises

facilities and systems of all industrial, manufacturing and similar business
establishment shall be subject to an annual environmental assessment which
shall be conducted by the Department of Environment and Natural Resources
(DENR) and other concerned national agencies, in coordination with the
Municipal Government.

Section 10. ENVIRONMENTAL IMPACT ASSESSMENT OR STATEMENT. Environmental

Impact Assessment or Statement shall be required only from those industries
certified by the Environment Management Bureau (EMB), Department of
Environment and Natural Resources (DENR), as requiring such statement or
assessment as well as to other activities as maybe determined by Housing Land
Use Regulatory Board (HLURB) and EMB-DENR, and Pursuant to PD 1586
(Sanitation Code or Water Code of the Philippines) as requiring such statement
or assessment of major construction development activities may be required by
the Zoning Administrator or by the Local Government to submit an Environmental
Impact Statement for review by the Housing Land Use Regulatory Board
(HLURB).

a. Detailed description of the proposed development or construction.

b. Detailed description of the physical, biological, social environment within which
the development or construction will occur.
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 c. Detailed description of existing plan which will be affected by the proposed
description development action.
d. Detailed description of other actions planned.
e. Detailed description of probable direct and induced impact of the proposed
action on the physical, biological and social environment
f. Special emphasis on adverse effects, long-term effects, resource commitment
and cost-benefit analysis.

Section 11 BASES FOR ACTION. Considering the extent and complexity of environmental
initiatives, the following local and international policy measurements and action
programs are hereby considered to ensure an efficient, equitable and sustainable
allocation, utilization, management and development of the municipality’s land
resources, to wit:

a. The 1987 Constitution of the Philippines. Article II, Section 16 of the 1987
Constitution provides that: “The State shall protect and advance the right of the
people to a balance and healthful ecology in accordance with the rhythm and
harmony of nature”.

b. Clean Air Act of 1999 It states that: “The State shall promote and protect the global
environment to attain sustainable development while recognizing the primary
responsibility of local government units to deal with environmental problems. The
State recognizes that the responsibility of cleaning the habitat and environment is
primarily area-based. Finally, the State recognizes that the clean and healthy
environment is for the good of all and should therefore, be the concern of all.”

c. Section 484 of R.A. 7160 otherwise known as the Local Government Code of
1991 provides for the appointment of an Environment and Natural Resources Officer
(although optional) for the municipality, whose tasks include the formulation of
measures for the consideration, assistance and support to the mayor in carrying out
measures to ensure the delivery of basic services and provisions of adequate
facilities relative to environment and natural resources services as provided for under
section 17 of the Local Government Code. Section 458 (a)(1)(vi), R.A. 7160, directs
the Sangguniang Bayan to enact ordinances that will “protect the environment and
impose the appropriate penalties for acts which endanger the environment and
impose the appropriate penalties, such as dynamite fishing and other forms of
destructive fishing, illegal logging and smuggling of logs, smuggling of natural
resources products and of endangered species of flora and fauna, slash and burn
farming, and such other activities which result in pollution, acceleration of
eutrophication of rivers and lakes or of ecological imbalance”.

d. Rio de Janeiro Declaration (U.N. Conference of Environment and Development)

Local Authorities Initiatives in Support of Agenda 21. “Local authorities shall
construct operate and maintain economic and social environmental infrastructures,
oversee planning processes, establish local environmental policies and regulations
and assist in implementing national and sub-national environmental policies. As the
local government is close to the people, it plays a pivotal role in educating and
mobilizing them to promote sustainable development”

e. RA 9729 “Climate Change Act of 2009” “Cognizant of the need to ensure that
national and sub national government policies, plans, programs and projects are
founded upon sound environmental considerations and the principle of sustainable
development, it is hereby declared the policy of the State to systematically integrate
the concept of climate change in various phases of policy formulation development
plans, poverty reduction strategies and other development tools and techniques”
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 f. RA 9275 “Clean Water Act of 2004” The State shall pursue a policy of economic
growth in a manner consistent with the protection, preservation and revival of the
quality of our fresh, brackish and marine waters. To achieve this end, the framework
for sustainable development shall be pursued.

g. RA 9003 “Ecological Solid Waste Management Act of 2000” .Provides the legal
framework for the country’s systematic, comprehensive and ecological solid waste
management program that shall ensure protection of public health and the
environment. It underscores among other things, the need to create the necessary
institutional mechanism and incentives, as well as imposes penalties for acts in
violation of its provisions.

h. RA 9147“Wild Life Conservation Act” It shall be the policy of the State to conserve
and protect wildlife species and their habitats to promote ecological balance and
enhance biological diversity.

CHAPTER II
LAND RESOURCE MANAGEMENT

Section 12. STATEMENT OF POLICY AND MANAGEMENT DIRECTIONS. It is the policy of

the Municipal Government to provide a rational, orderly and efficient acquisition,
utilization and management of land resources for the attainment of a better
quality of life.

Section 13. STATE OF RESOURCES. The Municipality of Bamban has a total land area of
39,090 hectares.

Section 14. DEFINITION OF TERMS. The following terms are conceptually and or
operationally defined as follows:

a. Agricultural Lands- Lands of public domain which are neither forest, nor mineral
lands and national parks.

b. Alienation, Disposition or Concession- any of the modes authorized by the

Land Code of the Philippines for the acquisition, lease or use of the lands of the
public domain other than forests, mineral lands or national parks.

c. Buffer Zones- identified areas outside the boundaries of and immediately

adjacent to designated protected areas that need special development control in
order to avoid or minimize harm to the protected area.

d. Clean and Green Campaign- deals with the massive cleaning of the
municipality and the planning and maintenance of trees as well as intensive
beautification drive in consonance with the national government’s goal and
objectives.

e. Cover Crop Planning – process of conditioning denuded areas which are highly
cogonal or rocky by plating erodible calopognium, syylosanthes, desmodium,
lablab, bean, psophocarpus, patani or by planting suitable non-legumes such as
morning glory vine, wild sunflower and kikuyu grass, in order to improve soil
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 fertility, organic matter, and water holding capacity prior to or concurrent with the
planting of tree and perennials in such areas.

f. Commercial Lands- portion of alienable and disposable lands of the public

domain classified as sustainable and intended for trading of goods and services
by competent authority.
g. Farm Lands- lands intended for or actually devoted to the production of food,
including plantations, except fishponds and other adjoining bodies of water.

h. Industrial Lands- public lands within the zone established by the Municipality
for the manufacture and production of large quantities of goods and commodities.

i. Land Classification- assessment, appraisal, and determination of land

potentials, which include survey and classification of land resource and the study
and mapping of the soil.

j. Land Reclassification- subsequent classification, allocation, and disposition of

alienable and disposable lands of the public domain into specific uses.

k. Land Resource – all terrestrial, subterranean, and all geological features and
land masses of the public domain and private domain of the State, within the
respective geographical jurisdiction of the Municipality, including all flora and
fauna, minerals and aquatic resources that dwell or exist upon it.

l. Land Use Planning – act of defining the allocation, utilization, development and
management of all lands within a given territory or jurisdiction according to the
inherent qualities of the land itself and supportive of economic, demographic,
socio-cultural and environmental objectives as in decision-making and legislation.

m. Protected Areas – identified portions of land and water set aside by reason of
their unique physical and biological significance, managed to enhance bio-
diversity and protected against destructive human exploitation.

n. Public Domain – lands which belong to the State, province and municipality in
its proprietary capacity.

o. Residential Lands – public lands intended to or devoted to the construction and

establishment of dwellings.

p. Zoning – refers to the delineation or division of a Municipality into a functional

zone where only specific land uses are allowed. It directs and regulates the use
of all in the community in accordance with an approved or adopted land use plan
for the municipality. It regulates land uses and prescribes limitations on
structures and infrastructures thereon.

q. Zoning Ordinance – an ordinance which classifies, delineates, defines, and

designates different land uses in the municipality, requiring fees and imposing
penalties.

Section 15. REGULATING EXTRACTION OF SAND AND OTHER MINERAL RESOURCES

It is the policy of the Municipal Government to manage and regulate the use and
extraction of its land and mineral resources such as sand to ensure that the
environment is not degraded so as to cause danger to the inhabitants. For this
purpose, the conduct of quarry or excavation activities is hereby regulated under
Municipal Ordinance No. 04, series of 2009, otherwise known as “ An Ordinance
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 Prescribing the Guidelines in the Conduct of Quarry or Excavation Activities in all
Agricultural areas of identified Barangays in the Municipality of Bamban”

Section 16. CLEANING, BEAUTIFICATION AND GREENING PROGRAM

It shall be the duty of the Municipal Government to put up a cleaning ,
beautification and greening program in the Municipality whereby all barangays
and the public sectors shall be obliged and encouraged to participate actively by
way of planting of trees, green grasses on street shoulders, parks, ornamental
plants along the highways and flowering plants in front of residential and
commercial buildings.

Section 17. INSTITUTIONALIZING THE CLEAN AND GREEN PROGRAM IN THE

MUNICIPALITY OF BAMBAN, DEFINING ITS ORGANIZATION AND
PRESCRIBING ITS MECHANICS

This Clean and Green Program shall have the following purpose:

a. Promoting and maintaining the good health of the people, beautification and
sanitation of the community;

b. Instilling values of sanitation, cooperation, ecological stewardship, and concern

for the welfare of all;

c. Instituting sustainable environment development, protection and regeneration.

17.1 There shall be an Executive Committee for the program to be composed of

the following:

The Municipal Mayor as the Chairperson;

The Municipal Vice Mayor, Municipal Health Officer and the DepEd District
Supervisor as Vice Chairpersons;

The Chairperson of Health and Sanitation, Agriculture, and Tourism Committees

of the Sangguniang Bayan, the heads of Public and Private Schools in the
Municipality of Bamban, the Municipal Agriculturist, the Municipal Local
Government Operations Officer, the Sanitation Inspector , the Punong
Barangays, and at least two (2) representatives of people’s organizations, as
members.

The Executive Committee shall be responsible for the formulation of plans and
programs and of the review of the implementation of the program. It shall meet
regularly at least once in a semester.

17.2 The Clean and Green Program shall cover regular programs and basic operation
such as inspecting of household drainages, toilets and waste disposal system,
market places, planting of vegetables and trees, and special program on the
Search for the Cleanest and Greenest Barangay. It shall be a regular year-
round program.

17.3 The Executive Committee may create other categories of competitions in the
special program and draft the criteria for the search.

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 17.4 The awarding for the Search for the Cleanest and Greenest Barangay and other
categories of competition shall be held during the Municipal Fiesta or Bamban
Day Celebration scheduled by the Executive committee.

Section 18. TREE PLANTING As provided in RA 10176 there is a need for a collaborated
effort between the State and its citizenry to combat the loss of our natural
resources and rejuvenate our environment by undertaking nationwide tree
planting activities and providing effective measures for their maintenance and
sustainability.

18.1 Toward this end, the last Friday of July 2015 and every year thereafter is
hereby declared Arbor Day or Tree Planting Day in the Municipality. It shall be
a public working holiday.

18.2 All employees of the Municipal Government, employees of NGAs assigned in the
municipality, personnel of the PNP, public and private school students, as well as
representatives from local business establishments, non-government
organizations are hereby required to participate in the tree planting activity to be
organized by the Municipal Government.

18.3 The Municipal Government shall appropriate funds in its annual budget for the
conduct of said activity. Seedlings may be sourced at the Bureau of Plant
Industry or PENRO.

18.4 Creation of Arbor Day Celebration Committee . There shall be created in the
Municipality an Arbor Day Celebration Committee to be composed as follows:

Chairman Municipal Mayor

Vice-Chairman Municipal Vice-Mayor
Members: Chairman, SB Committee on Environmental Protection
Local Government Operations Officer
Community Environment & Natural Resources Officer
(CENRO)
Municipal Agriculturist
Municipal Agrarian Reform Officer
Municipal Engineer
PNP Chief
DepEd District Supervisor
Two (2) SB accredited non-government organizations
Two (2) church or religious organizations
Liga ng mga Barangay president
One (1) from local media associations

18.5 The tree planting activities shall be conducted in any of the following areas in the
municipality:
(a) public school grounds;
(b) idle or vacant public lands
(c) public parks in urban and rural areas
(d) private schools, parks and lands with the consent of the owner thereof

Section 19. PROVISIONS FOR PLANTING IN BUILDINGS. No permit of occupancy shall be

issued by the Municipal Government for buildings and the like unless there are
provisions for planting of trees and flowers and installation of plant boxes in the

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 development/building plan duly implemented with the exemption when there is no
area available for such requirement.

Section 20. TREE PLANTING REQUIREMENTS FOR PIGGERY OR POULTRY FARMS

a. Any person who wanted to or has already established a piggery or poultry farm and
the like in an area of two (2) hectares and above are required to allot 10% of his or
her total land area for growing forest trees and fruit bearing trees.

b. Fifty percent (50%) of the required 10% of the area must be planted with trees and
the remaining fifty (50%) with the fruit bearing trees.

c. The Office of the Mayor through the Office of the Municipal Agriculturist (OMA) and
Municipal Environment and Natural Resources Office shall ensure that the
provisions of this section shall be complied with.

Section 21. INVENTORY OF TREES IN THE MUNICIPALITY. There shall be an inventory

of trees classifying them by specie, age, location, ownership and other related
data to be entrusted in the Municipal Environment and Natural Resources Office.
All trees shall be numbered and entered into the registry for monitoring and
management purposes.

Section 22. PROHIBITING TREE CUTTING IN CERTAIN PLACES (Pursuant to RA 3571)

a. Section 1. In order to promote and conserve the beauty of objects of scenic

and ornamental value along public places and help preserve cool, fresh and
healthful climate, it is the policy of the government to protect, and conserve
planted or growing trees, flowering plants and shrubs, or plants of ornamental
value along public roads, in plazas, parks, school premises, or in any other
public ground.

b. Section 2. No cutting, destroying, or injuring or planted or growing trees,

flowering plants and shrubs, or plants of scenic value along public roads, in
plazas, parks, school premises, or in any other public ground shall be
permitted save when the cutting, destroying, or injuring of same is necessary
for public safety, or such pruning of same is necessary to enhance its beauty
and only upon the recommendation of the MENRO . The cutting, destroying,
or pruning shall be under the supervision of the MENRO .

c. Section 3. Any person who shall cut, destroy, or injure trees, flowering plants
of scenic value mentioned in the preceding sections of this Code , shall be
punished by prison correctional in its minimum period to prison mayor in its
minimum period.

Section 23. PROHIBITING THE UNAUTHORIZED CUTTING, GATHERING OR REMOVING

OF TREES FOR FIREWOOD AND CHARCOAL MAKING AND FOR OTHER
PURPOSES WITHIN THE TERRITORIAL JURISDICTION OF THE
MUNICIPALITY

a. In consonance with the program and thrust of the National Government, it

shall be the policy of the Municipal Government of Bamban to preserve and
protect the trees, forest land, watershed areas, alienable and disposable
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 lands, and private lands to ensure the prevention of floods, drought, hot
weather condition, drying up of water sources and control of pollution.

b. (1) Any person who shall cut, gather or remove trees from any forest land,
Watershed areas, alienable and disposable lands, without any authority
under a license agreement, lease, license or permit, shall be guilty of
qualified theft as defined and punished under article 309 and 310 of the
Revised Penal Code.

(2) Any person who shall engage in cutting, gathering or removing of trees
from his own land, for firewood and charcoal making, and other purposes for
sale shall secure permit from the office of the Mayor before applying for
permit from the Department of Environment and Natural Resources. A permit
fee of three pesos (P3.00) per board foot shall be charged each applicant.

c. For purposes of personal and household consumption, member or members

of the same household may be allowed to cut, gather and remove trees from
his or their own land without the necessity of the permit; provided that the
same shall not be sold or bartered.

d. Firewood or charcoal obtained in violation of the above provisions shall be

confiscated in favor of the government.

Section 24. DEVELOPMENT OF PARKS The Municipal Land Use and Zoning Ordinance
shall designate park areas for tourism development. Measures shall be instituted
to maintain the ecological asset and aesthetic beauty and serenity of the
surroundings as the basis of the tourism industry. Toward this end, littering,
picking of flowers, cutting of trees, vandalistic and other detrimental acts shall be
punished in accordance with existing ordinance.

.Section 25. TOURISM AREAS. Identified tourism areas shall be properly declared by the
Sangguniang Bayan in consultation with the Department of Environment and
Natural Resources (DENR) in case they are within the timberlands.

Section 26. FOREST PROTECTION It is the duty of the Municipal Government to institute
mechanisms to protect the local forest from man- made destruction and
degradation. Toward this end, the following activities are hereby regulated
pursuant to national laws or issuances :

26. 1 Harvesting, transporting and sale of firewood, pulpwood or timber produced from
the following tree species: Ipil ipil (leucaenia spp.), Falcata (Albizzia falcataria)
and other tree species planted in private lands or tax declared A and D
lands(with corresponding application for patent or acquired through court
proceedings) , except Benguet Pine and other premium hardwood species
(listed under DENR Administrative Order No. 78, series of 1987) require no
permit. Provided that a certification of the CENRO concerned to the effect that
the forest products came from a titled land or tax declared alienable and
disposable land is issued accompanying the shipment.( DENR Administrative
Order No. 79, series of 1990, amending DENR Administrative Order No. 26,
series of 1990, Amending further DENR Administrative Order No. 86-90
Prescribing Rules on the Deregulation of Tree Harvesting, Transporting and Sale
of Firewood, Pulpwood or Timber planted in Private Lands )

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 26.2 Henceforth, the cutting, transport and disposition of BENGUET PINE within
private lands shall be covered by a Private Land Timber Permit (PLTP) in
consonance with DAO 121, Series of1989.

26.3 Burning of trash or fallen leaves and trunks within or near the forest areas
wherein it may possibly spread and cause forest fire is hereby strictly prohibited.

Section 27. CREATION OF A MUNICIPAL MULTI-PARTITE FOREST PROTECTION

COMMITTEE (MMFPC) There shall be created in the Municipality, thru an
Executive Order, a Multi-partite Forest Protection Committee , pursuant to DENR
Administrative Order No. 17 dated May 20, 1995. The Committee shall serve as
partner arm of the Municipal Government in forest protection and anti-illegal
cutting campaign.

27.1 The MMFPC shall have the following functions:

a. Serve as collection point for information on illegal forestry activities, tapping the
independent networks to which it’s members belong.
b. Except for the DENR representative, all other members shall act as deputy forest
officers with powers to apprehend violators of forest laws and regulations and
confiscate illegal forest products.
c. Act as special monitoring arm for the CENRO
d. Act as the CENRO’s partner in the implementation of DENR’s public awareness
program;
e. Participate directly in the identification, formulation and implementation of
livelihood programs for upland communities.
f. Mobilize members’ networks in support of forest protection activities;
g. Publicize the committee’s discussions and findings except where treated as
confidential; and
h. May serve as link to all MFPC levels when necessary

27.2 Composition of the MMFPC:

Chairman - Municipal Mayor
Vice-Chairman – MENRO
Members: Chairman of the SB Committee on Environment
President, Liga ng mga Barangay
Representative from the local PNP
The CENRO
Two (2) representatives from NGOs involved in environment protection
Representative from the NCIP local office , and
Punong Barangays whose jurisdictions consist of large forest areas

Section 28. ENVIRONMENT MITIGATING MEASURES FOR THE PREVENTION OF

DISASTER

The Municipal Government shall undertake these other measures and actions to
mitigate the disastrous effects of natural calamities such as :

a. Prevention of Soil Erosion. Infrastructure support in the form of “rip rapping” or

the construction of creek, river and shore protection walls shall be implemented
to prevent soil erosion. Cover Crop Planning prior to tree planting in denuded
areas shall also be adopted and or practiced.

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 b. Banning of Slash- and -Burn . The slash and burn system of farming is hereby
prohibited since it causes destruction of forest trees and wildlife in mountainous
areas that eventually lead to landslide during rainy season.

c. Prohibiting Squatting. The Municipal Government, while recognizing its role in

the alleviation of poverty, equitable and sustainable land use, further recognizes
its social and moral responsibility towards maintaining a sanitary and hygienic
condition in human settlements in order to achieve effective environmental
management. It shall be the policy of the Municipal Government to contain and
prevent the aggravation of squatter settlements within the municipality. The
squatting in road sides, flood prone water ways and rivers and similar areas are
banned.

d. Desilting of canals and drainage systems. The canals and drainage systems
within the Municipality should be properly maintained to allow efficient flow of
water and effluence for sanitation purposes. The canals and drainage systems
should be regularly desilted and dredged. Dumping of solid wastes and garbage
in canals and drainage systems is punishable.

CHAPTER III
SOLID WASTE MANAGEMENT

Section 29. STATEMENT OF POLICIES. The Municipal Government adheres to the intent
and purpose of RA 9003 and other related environmental laws. As such it
adopted a Solid waste Management Plan in 2004 and at present is in the process
of revising or updating said plan. It has the following objectives:

a. The insurance of the protection of public health and environment;

b. The utilization of the environmentally-sound methods that maximize the

utilization of valuable resources and encourage resource conservation and
recovery;

c. The insurance of 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 excluding
incineration;

d. Encouragement of cooperation and self-regulation among waste generators

through the application of market-based instruments;

e. Institutionalize public participation in the development and implementation of

national and local integrated, comprehensive and ecological waste
management programs;

Section 30. DEFINITION OF TERMS

a. Agricultural Waste shall refer to waste generated from planting or harvesting of

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

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b. Bulky wastes shall refer to waste materials which cannot be appropriately
placed in separate containers because of either their bulky size, shape or other
physical attributes. These include large worm-out or broken household,
commercial, and industrial items such as furniture, lamps, bookcases, filing
cabinets and other similar items;

c. Collection shall refer to the act of removing solid waste from source or from a
commercial storage point;

d. Composting shall refer to the controlled decomposition of organic matter by

micro-organisms, mainly bacteria and fungi, into a humus-like product;

e. Controlled dump shall refer to a disposal site at which solid waste is deposited
in accordance with the minimum prescribed standard of site operation.

f. Disposal shall refer to the discharge, deposit, dumping, spilling, leaking or

placing of any solid waste into or in any land;

g. Disposal site shall refer to a site where solid waste is finally discharged and
deposited;

h. Environmentally acceptable shall refer to the quality of being re-usable

biodegradable or compostable, recyclable and not toxic or hazardous to the
environment;

i. Generation shall refer to the act or process of producing solid waste;

j. Hazardous waste shall refer to solid waste 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 incapacity 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.

k. Leachate shall refer to the liquid produced when waste undergo decomposition,
and when water percolate through solid waste undergoing decomposition. It is a
contaminated liquid that contains dissolved and suspended materials;

l. Material Recovery Facility includes a solid waste transfer station or sorting

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

m. 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;

n. Recyclable materials shall refer to any waste material retrieved from waste
stream and free from contamination that can still be converted into suitable
beneficial use;

o. Sanitary landfill shall refer to any waste disposal site designed, constructed,
operated and maintained in a manner that exerts engineering control over

13
 significant potential environmental impacts arising from the development and
operation of the facility;

p. 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;

q. Solid waste shall refer to all discarded household, commercial waste, non-
hazardous institutional and industrial waste, street sweepings, construction
debris, agricultural waste, and other non-hazardous or non-toxic solid waste;

r. 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;

s. Solid waste management facility shall refer to any resource recovery system or
component thereof; any system, program, or facility for resource conservation,
any facility for the collection, source separation, storage, transportation, transfer,
processing, treatment or disposal of solid waste;

t. Special wastes shall refer to household hazardous wastes such as paints,

thinners, household batteries, bad-acid batteries and the like. These include
wastes from residential and commercial sources that comprise of bulky wastes,
consumer electronics, batteries, oil, tires, and the like. These wastes are usually
handled separately from other residential and commercial wastes.

u. Garbage – anything that is rubbish, trash, and or coming from food waste that
has the tendency to rapidly decompose and produce offensive odor.

v. Refuse – anything discarded that is worthless and waste, be it soft or hard

materials such as bottles, broken glass, tin cans, waste papers, discarded
porcelain wares, pieces of metal and other wrapping and packaging materials.

w. Non-Biodegradable Objects – anything that is not capable of decaying and not

absorbed by the environment such as cellophane, plastics, rubber, metal and the
likes.

x. Other Waste Materials

i. Ash – residue or an end product of the process of burning certain material

that contributes to air pollution.

ii. Dead Animals – lifeless animals such as pets, poultry, swine, rodents and so
forth that are not properly disposed and become wastes that adds to air
pollution and caused diseases.

iii. Manure – excrement of an animals, which can be generally used for fertilizer.

iv. Discarded Building Materials – waste building materials such as nipa and
coconut shingles, sawali and other materials, which cannot be utilized
anymore.

Section 31. MUNICIPAL SOLID WASTE MANAGEMENT BOARD. The Municipal

14
 Government shall create thru an Executive Order a Municipal Solid Waste
Management Board (MSWMB) that shall prepare, submit and implement a plan
for the safe and sanitary management of solid waste generated within the
territorial jurisdiction of the Municipality of Bamban.

31.1 The MSWMB shall be composed of the Municipal Mayor as chairperson with
the following as members:

a. SB Chairman, Committee on Environment & Natural Resources

b. SB Chairman, Committee on Health & Sanitation
c. President of the Liga ng mga Barangay in the municipality
d. Municipal Environment and Natural Resources Officer (or Mun. Agriculturist)
e. Municipal Planning & Development Officer
f. A representative of NGOs concerned with environmental protection;
g. One representative each of the recycling and manufacturing industry;
h. A representative of the Bamban Public Market Vendors Association

31.2 The MSWMB may from time to time, call on any concerned agencies or sectors
as it may deem necessary. Provided, that representatives of the NGOs, recycling
and manufacturing or packaging industries shall be selected through a process
designed by themselves and shall be endorsed by the concerned government
agencies.

Section 32. DUTIES AND RESPOSIBILITIES OF THE SOLID WASTE MANAGEMENT

BOARD (MSWMB). The Board, which shall be duly constituted thru an Executive
Order, shall have the following duties and responsibilities as provided under
Section 4 (IRR) of RA 9003;

a. Adopt and then revise the Municipal Solid Waste Management Plan every five (5)
years if the need arises to ensure the long-term management of solid waste, as
well as integrate the various solid waste management plans and strategies of the
barangays in its area of jurisdiction, In the development of Solid Waste
Management Plan, it shall conduct consultations with the various sectors of the
community.

b. Adopt measures to promote and insure the viability and effectiveness of the
implementation of solid waste management programs in component barangays;

c. Monitor the implementation of Municipal Solid Waste Management Plan through

the different barangays and in cooperation with the private sector and concerned
NGOs;

d. Adopt specific revenue-generating measures to promote the viability of its Solid

Waste Management Plan;

e. Convene regular meetings for purposes of planning and coordinating the

implementation of the solid waste management plans of the respective
component barangays;

f. Oversee the implementation of the Municipal Solid Waste Management Plan;

g. Develop guidelines and specific mechanics for the implementation of the

Municipal Solid Waste Management Plan;

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 h. Provide the necessary logistical and operational support to its component
barangays in consonance with subsection (f) of Section 17 of the Local
Government Code

i. Recommend measures and safeguards against pollution and for the preservation
of natural ecosystem; and

j. Coordinate the efforts of its component barangays in the implementation of the

Municipal Solid Waste Management Plan/ordinance

k. Propose the appropriation of funds for the sustainability of this project such as
procurement of composting equipment, improvement of MRF and others.

Section 33 . SOLID WASTE MANAGEMENT PLAN. The Municipal Government through its
Solid Waste Management Board shall prepare its 10-year solid waste
management plan consistent with the national solid waste management
framework. The waste management plan shall be for re-use, recycling, and
composting of wastes, generated in the municipality. The solid waste
management plan shall place primary emphasis on implementation of all feasible
re-use, recycling and composting while identifying the amount of landfill and
transformation capacity that will be needed for solid waste which cannot be re-
used, recycled, or composted.

33.1 The municipal solid waste management plan shall be reviewed and updated
every five (5)years by the MSWMB.

33.2 The Municipal Solid Waste Management Plan shall be subject to the approval of
the National Solid Waste Commission. The plan shall be consistent with the
national framework and in accordance the provisions of R.A. 9003 and the
policies set by the National Solid Waste Commission.

Section 34 . THE COMPONENTS OF THE MUNICIPAL SOLID WASTE MANAGEMENT

PLAN. The Municipal Solid Waste Management Plan shall include, but not
limited to, the following components:

a. Municipal Profile- The plan shall indicate the following background information
of the Municipality and component barangays, covering important highlights of
the distinct geographic and other conditions:

b. Estimated population of each barangay within the municipality and population

projection for a ten-year period;

c. Illustration or map of the Municipality, indicating locations of residential,

commercial, and industrial centers, and agricultural areas, as well as dumpsites,
landfills and other solid waste facilities. The illustration shall indicate as well the
proposed sites for disposal and other solid waste facilities;

d. Estimated solid waste generation and projection by source such as

residential, market, commercial, industrial, construction or demolition, street
waste, agricultural, agro-industrial, other wastes; and

e. Inventory of existing waste disposal and other solid waste facilities and
capacities.

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f. Waste Characterization- For the initial source reduction and recycling element
of a local waste management plan, the LGU waste characterization component
shall identify the constituent materials which comprise the solid waste generated
within the jurisdiction of Bamban. The information shall be representative of the
solid waste generated and disposed of within that area. The constituent materials
shall be identified by volume, percentage in weight or its volumetric equivalent,
material type, and source of generation which includes residential, commercial,
industrial, governmental, or other sources.

g. Collection and Transfer- The plan shall take into account the geographic
subdivisions to define the coverage of the solid waste collection area in every
barangay as well as the strategies and activities to be undertaken by its
component barangays in collecting and transferring of wastes.

h. Processing – The plan shall define the methods and the facilities required to
process the solid waste, including the use of intermediate treatment facilities for
composting, recycling, conversion and other waste processing systems. Other
appropriate waste processing technologies may also be considered provided that
such technologies conform with internationally-acceptable and other standards
set in other laws and regulations.

i. Source Reduction- The source reduction component shall include program and
implementation schedule which shows the methods by which the LGU will, in
combination with the recycling and composting components, reduce sufficient
amount of solid waste disposed.

j. Recycling- This component shall include a program and implementation

schedule which shows the methods by which the LGU shall, in combination with
the source reduction and composting components, reduce a sufficient amount of
solid waste disposed.

k. Composting- This component shall include a program and implementation

schedule which shows the methods to be undertaken in combination with the
source reduction and recycling components, reduce a sufficient amount of solid
waste disposed of within Bamban.

l. Solid Waste Facility Capacity and Final Disposal- This component shall
include but not limited to a projection of the amount of disposal capacity needed
to accommodate the solid waste generated, reduced by the following:

1. Implementation of source reduction, recycling, and composting thru Municipal

Ordinance No. 01, series of 2005;

2. Any permitted disposal facility which shall be available during the 10-year
planning period; and

3. Disposal capacity which has been secured through an agreement with another
LGU or with solid waste enterprise.

m. Education and Public Information- The LGU shall educate and inform its
citizens about solid waste management programs by way of media
advertisements and announcements, seminars, school programs and activities.

n. Special Waste- This shall include existing waste handling and disposal practices
for special wastes or household hazardous wastes, and the identification of

17
 current and proposed programs to ensure the proper handling, re-use, and long-
term disposal of special wastes.

o. Resource Requirement and Funding- The funding component includes

identification and description of project costs, revenues, and revenue sources the
LGU will fund, use, and tap, respectively, to implement all components.

p. Privatization of Solid Waste Management Projects- This component shall

identify specific measures to encourage the participation of private sectors in the
management of solid waste.

q. Incentive Awards- A program providing for incentives to encourage participation

of concerned sectors, shall be included in the plan.

Section 35 . MANDATORY SEGREGATION OF SOLID WASTES. (In accordance with

Municipal Ordinance No. 01, series of 2005)

a. Every household, establishment and institution in this municipality is strictly

required to segregate its daily waste. Garbage must be placed in three (3)
different receptacles as:
1. Biodegradable ( nabubulok o natutunaw) compostable
2. Non-Biodegradable or recyclable (Hindi nabubulok)
3. Refuse (Patapon)

b. Receptacles or garbage containers either in the form of sacks or plastic bags

must be produced by the household, establishment or institution.
c. Households/institutions/ establishments are strongly encouraged to practice
composting, re-using and re-cycling of waste, if possible , right within their
respective backyard premises.
d. Open dumping and open burning in barangay or household level is strictly
prohibited.

Section 36. GARBAGE COLLECTION AND DISPOSAL. Garbage intended for collection
and disposal by municipal garbage trucks shall comply with the following
conditions or procedures:

a. There shall be a scheduled collection of trash (for biodegradable and non-

biodegradable) and no person shall bring such trash outside his establishment
other than on the day designated for the collection.

b. Wastes must be separated into non-biodegradable and biodegradable. Non-

biodegradable such as papers, plastics, bottles, scraps and biodegradable such
as leftover foods and other decomposing and degradable matters shall be placed
inside plastic bags or containers without leak. These bags or containers shall be
brought out in front of the gates of the residential houses and business
establishments thirty minutes (30 Min.) before the collection schedule.
Households in the interior should deposit their wastes along the main streets
accessible to municipal garbage trucks thirty minutes (30 Min.) before the
collection schedule.

c. Trees, shrubs and grass cuttings should not be mixed with the above-cited
wastes. They should be placed inside a separate plastic bag or sack and should
follow the disposal process as stated above. But if possible, these kind of wastes
should be disposed thru composting in the backyard.

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 d. All collectors and other personnel directly dealing with collection of solid waste
shall be equipped with personal protective equipment to protect them from the
hazards of handling solid waste;

e. Necessary training shall be given to the collectors and personnel to insure that
the solid waste are handled properly and in accordance with guidelines of R.A.
9003;

f. Collection of solid waste shall be done in a manner which prevents damage to

the container and spillage or scattering of solid waste within the collection vicinity
and along the roads.

Section 37. DUMPING AND THROWING OF WASTES. ( Pursuant to Municipal Ordinance

No. 02-97) Dumping or throwing or placing of waste in areas not designated for
such purpose is strictly prohibited.

37.1 For those unable to avail of the Municipal Government’s garbage collection
service, they are hereby required to dispose of their garbage properly and
efficiently through individual backyard pits and burying or composting using
available no –hazardous methods, or recycling through the use of clean
production techniques in the case of industries.

37.2 All tricycles-for-hire and PUJs operating within the municipality are hereby
required to place waste receptacles inside their vehicles to prevent passengers
from throwing away litter outside.

Section 38. GARBAGE FEES. Garbage fees that correspond to all types of establishments
and households shall be collected as provided for in the Revised Revenue Code
of 2004.

Section 39. ESTABLISHMENT OF MATERIAL RECOVERY FACILITY. There shall be

established a Material Recovery Facility (MRF) to be operated by the Municipal
Government Barangays may also establish their own MRF ( individually or by
cluster) in a barangay-owned or leased land or any suitable open space to be
determined by the barangay through its Sanggunian.

39.1 The Municipal MRF shall receive municipal/local mixed waste- except toxic and
hazardous waste - for final sorting, segregation, composting, and recycling. The
resulting residual wastes shall be transferred to a long-term disposal facility such
as the Kalangitan sanitary landfill.

39.2 The following must be considered in the determination of site and actual
establishment of MRF:
a. The building and or layout and equipment must be designed to
accommodate efficient and safe materials processing, movement, and
storage, and
b. The building must be designed to allow efficient and safe external
access and to accommodate internal flow.

Section 40. COMPOSTING. Composting of agricultural wastes and other compostable

materials including but not limited to garden wastes, is hereby encouraged.

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 40.1 Compost products intended to be distributed commercially shall conform with the
standards for organic fertilizers set by the Department of Agriculture.

40.2 All residential houses are required to make their compost pits within their lots for
biodegradable waste. Households with no spaces available for the above-cited
pits shall deposit such wastes in biodegradable container.

Section 41 . PROHIBITION AGAINST THE USE OF OPEN DUMPS FOR SOLID WASTE.
No open dumps shall be established and operated nor any practice or disposal of
solid waste by any person, including barangays which constitutes the use of
open dumps for solid waste be allowed.
.

Section 42. PERMIT FOR SOLID WASTE MANAGEMENT FACILITY CONSTRUCTION

AND EXPANSION. No person shall commence operation, including site
preparation and construction of a new solid waste management facility or the
expansion of an existing facility until said person obtains an Environmental
Compliance Certificate (ECC) from the DENR pursuant to P.D. 1586 and other
permits and clearances from concerned agencies and approval from the
Sangguniang Bayan.

Section 43. GUIDELINES FOR CONTROLLED DUMPS. The following shall be the minimum
considerations for the establishment of controlled dumps:
a. Regular inert cover;
b. Surface water and peripheral site drainage control;
c. Provision for aerobic and anaerobic decomposition;
d. Restriction of waste deposition to small working areas;
e. Fence, including provision for litter control;
f. Basic record-keeping;
g. Provision of maintained access road;
h. Controlled waste picking and trading;
i. Post-closure site cover and vegetation; and
j. Hydrogeological siting.

Section 44. SOLID WASTE AND WASTEWATER DISPOSAL. All manufacturing and
industrial establishments, similar business firms and residential establishments
shall install acceptable solid waste and wastewater disposal facilities in
accordance with national standards except residential establishments subject to
regular inspection by the Municipal Environment Office.

Section 45. PROHIBITED ACTS. The following acts are prohibited:

a. Littering, throwing, dumping of waste matters in public places, such as roads,

sidewalks, drainages, canals, esteros, rivers, seashores, public markets or
parks and establishments within the Municipality (Mun. Ord. No. 02-97). Except
garbage intended for collection and disposal by the authorized garbage
collectors, shall be brought out of the residential houses or establishments to
the designated area 30 minutes before collection schedule;

b. The open burning of solid waste, such as rubber tires;

c. Causing or permitting the collection of non-segregated or un-assorted waste;

20
 d. Squatting in open dumps and landfills;

e. Open dumping, burying of biodegradable or non-biodegradable materials in

flood prone areas;

f. Mixing of source-separated material with other solid waste in any vehicle, box,
container or receptacle used in solid waste collection or disposal;

g. Establishment or operation of open dumps or closure of open dumps not in

accordance with R.A. 9003;

h. Transport and dumping in bulk of collected domestic, industrial, commercial

and institutional wastes in areas other than the designated centers or facilities;

i. Site preparation, construction, expansion or operation of waste management

facilities without an Environmental Compliance Certificate as required by P.D
1586 and R.A. 9003 and not conforming with the municipal land use plan;

j. The construction of any establishment within two hundred (200) meters from
open dumps or controlled dumps, or sanitary landfills; and

k. The construction or operation of landfills or any waste disposal facility on any

aquifer, groundwater reservoir or watershed area or any portions thereof.

CHAPTER IV
HAZARDOUS AND TOXIC MATERIALS

Section 46. OPERATION OF GASOLINE STATIONS

a. All gasoline stations in the Municipality shall install oil and water separation
facility including facilities in the storage of used oil and grease into sealed
receptacles. These are mandatory pre-conditions for the issuance of business
permits by the Municipal Government.

b. Gasoline stations shall ensure that their underground storage tanks are always in
good conditions by undertaking periodic maintenance and monitoring fugitive
effluents.

c. The gasoline station operators shall ensure the safety from the fire and explosion
hazards of their respective facilities by installing appropriate signage for the
general public and by attaching proper gadgets and devices to prevent gaseous
or fume emissions.

d. They shall provide for an easement or buffer zone of at least fifty meters (50m)
from actual or potential ground water resources, banks of rivers or other bodies of
water traversing or adjoining their gasoline stations.

e. Adequate drainage system should be provided for liquid run-off.

g. Shrubs and trees should be planted around the site, on open space and on buffer
strip to preserve ecological balance.

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 h. They shall not adversely affect the appropriate or profitable uses of the other
properties in the area.

Section 47. FUEL GAS RETAIL OPERATION. The owner of the fuel gas retail stall shall
provide safe storage for flammable substances for sale. No retailing shall be
allowed in congested residential areas.

Section 48. TOXIC SUBSTANCES AND HAZARDOUS WASTE CONTROL. The Municipal
Government shall require all persons and entities dealing with toxic substance
and hazardous materials to comply with full disclosure procedures in the
following manner:

a. Upon application of business permit, manufacturers are required to present

material fact sheet, which should explain or describe the quantity, toxicity,
ignitability, flammability and leaching potentials of the chemicals manufactured.

d. Transporters are required to submit to the Municipal Government ahead of time a

manifest, which will contain the material fact sheet, the origin and destination of
the material in transport, the transit time and the route where the hazardous or
toxic material will traverse.

e. Primary users are required to present to the Municipal Government and maintain
for periodic inspection by competent authorities, a disclosure document which will
contain the quantity of the chemicals, type of use, storage facilities and safety
measures.

d. Secondary users shall likewise be required to submit to the Municipal Government

and maintain for periodic inspection by competent authorities, a disclosure
document similar to that required of the primary users.

Section 49. MANUFACTURER OF TOXIC AND OTHER CHEMICAL SUBSTANCES. All

industrial establishments engaged in the manufacture, processing, and utilization
of chemical substances shall submit to Municipal authorities a comprehensive
occupational safety and hazard mitigation program, which consider conditions
within its complex and immediate vicinities. The Municipal Government through
the designated Municipal Environment and Natural Resources Office (MENRO)
shall promulgate the necessary procedural guidelines and regulations in
chemical handling within the Municipality.

Section 50. QUARTERLY INSPECTION OF ENTITIES ENGAGED IN CHEMICAL

MANUFACTURING. All business engaged in chemical use and manufacturing
shall be subjected to a quarterly inspection by the Municipal Environment and
Natural Resources Officer to ensure compliance of safety measures and
appropriate procedures. However, if public safety so requires, the Municipal
authorities shall conduct regular inspection.

Section 51 . DISPOSAL OF CLINICAL WASTES. All hospitals and clinics operating in the
Municipality both private and public, and other health establishments shall
dispose their clinical wastes in accordance with the duly approved practices and
technologies by the Department of Health.

22
Section 52. LIMITATION OF PRODUCTION CAPACITY. All industrial, manufacturing and
similar business establishments shall operate only within the capacity limits of
their respective waste treatment facilities in order to maintain the quality of the
environment within the standards required by the Municipal Government.

Section 53. USE OF FARM CHEMICALS. All users of fertilizers, pesticides and other farm
chemicals in the farms, plantations and other places shall observe precautionary
measure in handling, applying, storage and disposal as well as safety practices
as indicated in the labels of the chemicals and instructions of farm technicians of
the Municipal Agriculture Office.

Section 54. SEWERAGE DISPOSAL. No waste dangerous to the public health safety and
general welfare shall be discharged into any drainage channel. All industrial
wastes and effluents from domestic and municipal sources shall conform with the
new water standards set by the Department of Environment and Natural
Resources (DENR).

CHAPTER V
WILDLIFE PROTECTION

Section 55. Unless otherwise allowed in accordance with the Wildlife Conservation Act, it
shall be unlawful for any person to willfully and knowingly exploit wildlife
resources and their habitats.

55.1 Possession, collection of wildlife and its by-products and derivatives and the local
transport thereof shall be subject to regulations or provisions of RA 9147.
Likewise, scientific researches and commercial breeding or propagation wildlife
resources as well as exportation and importation of the same shall be subject to
the provisions of the law.

55.2 Permits for the above cited activities or undertakings may only be applied for or
obtained from the Secretary of the DENR or DA, whomever is concerned.

CHAPTER VI
OTHER HEALTH RELATED PROVISIONS

Section 56. PUBLIC MARKETS. The municipal Government shall maintain the cleanliness
and sanitation of the public market in accordance with the Public Market Code.All
other privately owned markets or talipapa in the municipality shall observe the
same practice.

Section 57. OPERATION OF SLAUGHTERHOUSE. Slaughterhouse(s) shall be equipped

with appropriate and adequate disposal facilities for solid discards and
wastewater, as well as, disinfection system for the maintenance of hygienic
conditions within the premises. The Municipal slaughterhouse shall comply with
the regulations under Municipal Ordinance No. 1, series of 1995 (An Ordinance
Adopting Rules and Regulations Governing Meat Inspection and Slaughtering

23
 Management Pursuant to Republic Act 7160 and DA Administrative Order No. 6,
series of 1995) as well as regulations and standards of the NMIS.

Section 58 DRESSING PLANT. Poultry dressing plants shall at all times comply with
environmental requirements and regulations imposed by the DENR-EMB
pursuant to the ECC issued and the requirements of the National Meat
Inspection Service (NMIS).

Section 59. OPERATION OF FUNERAL PARLORS. All funeral parlors performing

embalming shall comply with the following regulations:

a. They should be constructed of concrete or semi-concrete materials with sufficient

space to accommodate five bodies at one time.

b. The floors and walls should be made of concrete or other durable impervious
materials.

c. Ventilation and lighting should be adequately provided.

d. Embalming shall be performed on a table made of a single marble slab or other

equally impervious materials. It shall be constructed that all washings and body
fluids shall flow to a drain connected to the waste piping system of the building.

e. Embalmers and assistants shall use rubber gloves when working.

f. Washing facilities with soaps, detergents and germicidal solutions shall be

provided for the use of the working personnel.

Section 60. CEMETERIES AND MEMORIAL PARKS.

a. Adequate drainage system should be provided for liquid run off from decaying or
degrading matter.

b. Pesticide and germicide control measures should be applied to prevent

contamination of burial grounds and the surrounding areas.

c. Shrubs and trees shall be planted around the site and on an open space as
buffer strip to preserve ecological balance.

d. Sanitary requirements of the Sanitation code and other existing laws, particularly
those referring to final procedures in case of the incidence of epidemic or
communicable disease should be complied with.

g. It shall be unlawful for any person to bury remains in places other than those
legally authorized in conformity with the provisions of this Chapter.

h. A burial ground shall be at least 25 meters distant from any dwelling house and
no house shall be constructed within the same distance from any burial ground.

i. No burial ground shall be located within 50 meters from either side of a river or
within 50 meters from any source of water supply.

h. They shall comply with other sanitary requirements prescribed by existing laws.
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Section 61 . RADIO TRANSMITTING STATIONS

a. They shall be located within commercial or institutional utility zones.

b. Their surrounding maintenance shall be the exclusive responsibility of the

applicant and or persons running them.

c. Where the public welfare demands, however, they may be located in some
residential zones provided the proceeding conditions is complied with; provided,
however, that powerful or high voltage transmitter and antennae which may cause
electric interference or excessive electromagnetic radiation, which would be
hazardous to health shall not be allowed.

Section 62. PIGGERIES & POULTRY FARMS

a. The structure of a piggery or poultry farm shall be situated with an area of good
drainage system. Flood prone areas and other environmentally critical areas shall
be avoided.

b. The structure of a piggery or poultry shall be at least 500 meters away from the
build- up areas and 200 meters away from major roads or highways.

c. Piggery and poultry must be certified on the level of their effluent. It should be
tested by the Department of Environment and Natural Resources (DENR) for it to
be classified according to its level of pollution.

d. Backyard piggery shall be regulated in the rural residential area with the maximum
of three (3) heads but totally banned in the urban /commercial areas.

Section 63. OPEN STORAGE.

a. They shall be located within reasonable distance from schools, churches,

hospitals and other similar buildings, preferably 100 meters away or more.

b. Their sound maintenance shall be the responsibility of the establishment owner.

CHAPTER VII
WATER RESOURCE MANAGEMENT

Section 64. POLICY STATEMENTS ON WATER UTILIZATION. In line with the provision of
the Constitution and as embodied in the Water Code of the Philippines, and
Clean Water Act of 2004, all water belongs to the State. The ownership of water
by the State means that water cannot subject to acquisitive prescription, however
the State allows the use and development of water by administrative concession.
The Government, through the National Water Board, exercises control and
regulation of the water resource pertaining to its utilization, exploitation,
development, conservation and protection.

.
Section 65. BASIS FOR ACTION. With increasing population and intensification of economic

25
 activities the use of water has overtaken its replenishment to the point where the
basic needs would no longer be satisfied. Timely preventive measure shall be
taken to prevent water crisis. These concerns call for appropriate actions at the
Municipal level, complementing the national effort of ensuring sustainable
utilization of water resources.

Section 66. WATER SOURCES. With the growing population and the expansion of economic
activities the need of water has been increasing at a faster rate. This has brought
a serious imbalance between supply and demand of potable and usable water.
Cognizant of this condition it becomes imperative for the Municipal Government
to provide and secure water for the current and future generations living in its
territorial boundaries:

a. It shall be the responsibility of the Municipal Government to identify existing and

potential water sources for domestic and municipal use within the territory of the
Municipality to ensure that there shall be sources of water to satisfy the needs of
the present and future. This calls for complete inventory of surface river, creek,
stream and spring sources along with subsurface aquifer systems. Databases
shall be established for these water sources with adequate information on
quantity and quality. Interim plans should be established on how these water
sources shall be accessed, tapped and developed.

b. A data inventory of the water resources to include their physical characteristics,

locations and types shall be maintained and updated by the Municipality thru the
Municipal Planning & Development Office (MPDC) for future assessment. These
data inventory shall be the basis of municipal water resource policy and water
resource system analysis. These data shall be stored and collated for easy
access and updating through dynamic information system.

c. The Municipal Government shall likewise determine the contaminated water

resource in the municipality such as the salt-intruded areas and chemical
contaminated areas as part of the environmentally affected areas. These areas
shall be restrained from utilization and exploitation and the Municipality shall
provide an advisory notice to this effect. In the overall strategy, these areas shall
be targeted for rehabilitation.

d. The Municipal Government shall regulate water consumption on a periodic basis

to optimize its use. The approach shall be holistic enough to include all the major
users of water and comprehensive enough to determine possible cause and
effect scenario of the water utilization.

e. The Municipal Government thru the MPDC shall identify the watersheds within its
own territorial limits and incorporate them in its zoning plans. As a water unit, the
municipality shall adopt important strategies of protection, conservation,
utilization and enhancement in view of sustainable development. Land uses
threaten watersheds shall be minimized by instituting measures to curb human
activities that damage the pristine nature of the water resources.

f. Apart from satisfying the immediate demand, the Municipal Government shall
adopt long range planning for the water resources development to come up with
adequate supply to meet increasing demand.

26
Section 67. STANDARDS FOR DRINKING WATER

67.1. Prescribed Standards and Procedures- Standards for drinking water and their
bacteriological and chemical examinations, together with the evaluation of
results, shall conform to the criteria set by the National Drinking Water
Standards. The treatment of water to render it safe for drinking, and the
disinfection of contaminated water sources together with their distribution system
shall be in accordance with procedures prescribed by the Department of Health.

a. Jurisdiction of the Department- The approval of the Secretary of Health or

that of his duly authorized representative is required in the following cases:

i. Sites of water sources before their construction;

ii. Delivery of water to consumers from new or recently repaired water

systems;

iii. Operation of water system after an order of closure was issued by the
Department;

iv. Plans and specifications of water systems of subdivisions and projects

prior to the construction of housing units thereat; and

v. Certification of potability of drinking water.

b. Types of Water Examinations Required The following examinations are

required for drinking water:

i. Initial Examination – The physical, chemical and bacteriological

examinations of water from newly constructed systems or sources are
required before they are operated and opened for public use.
Examination of water for possible radioactive contamination should also
be done initially.

ii. Periodic Examination – Water from existing sources is subject to

bacteriological examination longer than six months, while general
systematic chemical examination shall be conducted every 12 months or
oftener. Examination of water sources shall be conducted yearly for
possible radioactive contamination.

c. Examining Laboratories and Submission of Water Samples- The examination

of drinking water shall be performed only in private or government
laboratories duly accredited by the Department of Health. It is the
responsibility of operators of water systems to submit to accredited
laboratories water samples for examination in a manner and at such intervals
prescribed by the DOH.

d. Other Protective Measures – To protect drinking water from contamination,

the following measures shall be observed:

i. Washing clothes or bathing within a radius of 25 meters from any well or

other source of drinking water is prohibited.

ii. No artesian, deep or shallow well shall be constructed within 25 meters

from any source of pollution.

27
 iii. No radioactive sources or materials shall be stored within a radius of
25 meters from any well or source of drinking water unless the
radioactive source is adequately and safely enclosed by proper
shielding.

iv. No person charged with the management of a public water supply

system shall permit any physical connection between its distribution
system and that of any other water supply, unless the latter is regularly
examined as to its quality by those in charge of the public supply to
which the connection is made and found to be safe and potable.

v. The installation of booster pump to boost water direct from the water
distribution line of a water supply system, where low-water pressure
prevails is prohibited.

Section 68. APPROPRIATION OF WATERS. (In accordance with the Water Code of the
Philippines)

Waters may be appropriated and used in accordance with the provisions of the
Water Code of the Philippines which are hereby adopted. Appropriation of water,
as used in this Code, is the acquisition of rights over the use of waters or the
taking or diverting of waters from a natural source in the manner and for any
purpose allowed by law.

a. Water may be appropriated for the following purposes:

1. Domestic - Use of water for domestic purposes is the utilization of water for
drinking, washing, bathing, cooking, or other household needs, home
gardens, and watering of lawns or domestic animals.

2. Municipal - Use of water for municipal purposes is the utilization of water for
supplying the water requirements of the community.

3. Irrigation - Use of water for irrigation is the utilization of water for producing
agricultural crops.

4. Power generation - Use of water for power generation is the utilization of

water for producing electrical or mechanical power.

5. Fisheries - Use of water for fisheries is the utilization of water for the
propagation and culture of fish as a commercial enterprise.

6. Livestock raising - Use of water for livestock raising is the utilization of

water for large herds or flocks of animals raised as a commercial
enterprise.

7. Industrial - Use of water for industrial purposes is the utilization of water in

factories, industrial plants, and mines, including the use of water as an
ingredient of a finished product.

8. Recreational - Use of water for recreational purposes is the utilization of

water for swimming pools, bathhouses, boating, water skiing, golf courses,
and other similar facilities in resorts and other places of recreation.

9. Other purposes
28
Section 69. OTHER REGULATIONS PURSUANT TO THE WATER CODE OF THE
PHILIPPINES

a. The State, for reasons of public policy, may declare waters not previously
appropriated, in whole or in part, exempt from appropriation for any or all
purposes and, thereupon, such waters may not be appropriated for those
purposes.

b. Waters appropriated for a particular purpose may be applied for another purpose
only upon prior approval of the National Water Resources Board (NWRB) and
on condition that the new use does not unduly prejudice the rights of other
permittees, or require an increase in the volume of water.

c. Except as otherwise herein provided, no person, including government

instrumentalities or government-owned or controlled corporations , shall
appropriate water without a water right, which shall be evidenced by a document
known as a water permit. Water right is the privilege granted by the government
to appropriate and use water.

d. Subject to the provisions of the Water Code of the Philippines concerning the
control, protection, conservation, and regulation of the appropriation and use of
waters, any person may appropriate or use natural bodies of water without
securing a water permit for any of the following:

1. Appropriation of water by means of hand carried receptacles; and

2. Bathing or washing, watering or dipping of domestic or farm animals, and

navigation of watercrafts or transportation of logs and other objects by
flotation.

e. Only citizens of the Philippines, of legal age, as well as juridical persons, who are
duly qualified by law to exploit and develop water resources, may apply for water
permits.

f. Any person who desires to obtain a water permit shall file an application with the
National Water Resources Board (NWRB) who shall make known said
application to the public for any protest. In determining whether to grant or deny
an application, the NWRB shall consider the following: protest filed, if any; prior
permits granted; the availability of water; the water supply needed for beneficial
use; possible adverse effects; land-use economics; and other relevant factors.
Upon approval of an application, a water permit shall be issued and recorded.

g. The right of use of water is deemed acquired as of the date of filing of the
application for a water permit in case of approved permits, or as of the date of
actual use in a case where no permit is required.

h. All water permits granted shall be subject to conditions of beneficial use,

adequate standards of design and construction, and such other terms and
conditions as may be imposed by the NWRB.

Such permits shall specify the maximum amount of water which may be diverted
or withdrawn, the maximum rate of diversion or withdrawal, the time or times
during the year when diverted or withdrawn, the point or points of diversion or
location of wells, the place of use, the purposes of which water may be used, and
such other requirements the NWRB deems desirable.

29
i. Water rights may be leased or transferred in whole or in part to another person
with prior approval of the Sangguniang Bayan , after due notice and hearing.

j. The measure and limit of appropriation of water shall be beneficial use.

Beneficial use of water is the utilization of water in the right amount during the
period that the water is needed for producing the benefits for which the water is
appropriated.

k. Standards of beneficial use shall be prescribed by the NWRB for the

appropriator of water for different purposes and conditions, and the use of waters
which are appropriated shall be measured and controlled in accordance
therewith.

Excepting for domestic use, every appropriator of water shall maintain water
control and measuring devices, and keep records of water withdrawal. When
required by the NWRB , all appropriators of water shall furnish information on
water use.

l. Between two or more appropriators of water from the same sources of supply,
priority in time of appropriation shall give the better right, except that in times of
emergency the use of water for domestic and municipal purposes shall have a
better right over all other uses; Provided, that where water shortage is recurrent
and the appropriator for municipal use has a lower priority in time of
appropriation, then it shall be his duty to find an alternative source of supply in
accordance with conditions prescribed by the NWRB.

m. Priorities may be altered on grounds of greater beneficial use, multi-purpose

use, and other similar grounds after due notice and hearing, subject to payment
of compensation in proper cases.

n. A water right shall be exercised in such a manner that the rights of third persons
or of other appropriators are not prejudiced thereby.

o. A holder of a water permit may demand the establishment of easements

necessary for the construction and maintenance of the works and facilities
needed for the beneficial use of the waters to be appropriated subject to the
requirements of just compensation and to the following conditions:

1. That he is the owner, lessee, mortgage, or one having real right over
the land upon which he proposes to use water; and

2. That the proposed easement is the most convenient and the least
onerous to the servant estate.

Easements relating to the appropriation and use of waters may be modified by

agreement of the contracting parties provided the same is not contrary to law or
prejudicial to third persons.

3. Where water shortage is recurrent, the use of the water pursuant to a

permit may, in the interest of equitable distribution of the benefits
among legal appropriators, reduce after due notice and hearing

4. Water users shall bear the diminution of any water supply due to
natural causes or force majeure.

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 5. Water permits shall continue to be valid as long as water is
beneficially used; however, they may be suspended on the grounds of
non-compliance with approved plans and specifications or schedules
of water distribution; use of water for a purpose other than that for
which it was granted; non-payment of water charges; wastage; failure
to keep records of water diversion, when required; and violation of nay
term or condition of any permit or rules and regulations promulgated by
the Council.

Temporary permits may be issued for the appropriation and use of water for short
periods under special circumstances.

6. Water permits may be revoked after due notice and hearing on

grounds of non-use; gross violation of the conditions imposed in the
permit; unauthorized sale of water; willful failure or refusal to comply
with rules and regulations of any lawful order; pollution, public
nuisance, or acts detrimental to public health and safety; when the
appropriator is found to be disqualified under the law to exploit and
develop natural resources of the Philippines; when, in the case, of
irrigation, the land is converted to non-agricultural purposes; and other
similar grounds.

7. All water permits are subject to modification or cancellation by the

NWRB after due notice and hearing, in favor of a project of greater
beneficial use or for multi-purpose development, and a water permitee
who suffers thereby shall duly compensated by the entity or person in
whose favor the cancellation was made.

Section 70. ILLEGAL CONSTRUCTION ALONG WATERWAYS. No person shall construct

any building or introduce any improvement within 3 meters from the creek sides
inside the municipal proper and residential areas and within 20 meters from
riverbanks and similar waterways in agricultural areas.

Section 71. WELL DRILLING. No person shall drill without securing a permit from the
National Water Resources Board and the Municipal Government, which will
determine the allowable depth, location spacing and the manner by which such
wells may be dug or excavated.

CHAPTER VIII
AQUATIC RESOURCE MANAGEMENT

Section 72. STATE OF RESOURCES. All rivers, streams, aquifers and Municipal Waters
within the Municipality are considered aquatic resources.

Section 73 DEFINITION OF TERMS The following terms are operationally and or

conceptually defined:

a. Aquatic Pollution. The introduction by man or machine into the grounds or

waters, of substance or energy which results or is likely to result in such
deleterious effects as to harm living and non-living aquatic resources and posing
31
 as hazard to human health. It may be a direct or indirect action, or in or out of
particular local government jurisdictions. It includes dumping or disposal of waste
or other matter, carbonaceous materials or substances, oil, coal, coal tar,
lampblack, aniline, asphalt, bitumen, mining and mill tailings, molasses, garbage,
refuse, and other noxious or harmful liquid and gaseous or solid substances.

b. Aquatic Resources. Living resources of the aquatic environment including

fishes, aquatic flora and fauna, corals, seals, and mangroves.

c. Fish corral or “baklad”. A stationary weir or trap devised to intercept and

capture fish consisting of rows of stakes or bamboo, palma brava, or plastic
netting and other materials fenced with split bamboo matting or wire matting with
one or more enclosures, usually with an easy entrance but with difficult exit, and
with or without leaders to direct the fish into a catching chambers or purse.

d. Fishery. All activities relating to the act or business of gathering, taking,

culturing, preserving, and marketing of fish and other aquatic products.

e. Illegal Fishing Method. Refers to fishing with the use of gears that cause
damage to ecological processes or habitats or cause a needless depletion of fish
stocks directly or indirectly. It includes fishing with the use of dynamite, other
explosives or chemical compound that contains combustible elements that upon
ignition by friction, concussion, percussion or detonation, of all parts of the
compound will kill, stupefy, disable, or render unconscious any fish or aquatic
organism. It also refers to the use of any other device, which causes an
explosion that is capable of producing the said harmful effects. It also include
electro-fishing method.

f. Municipal Waters. Include streams, lakes, subterranean and tidal water within
the territorial jurisdiction of the municipality that are not the subject of private
ownership and not included within national parks, public forests, timberland,
forest reserves or fishery reserves.

g. Philippine Waters. All bodies of water within the Philippine territory such as
lakes, rivers, creeks, brooks, ponds, swamps, lagoons, gulfs, bays, seas and
other bodies of water now existing or which may hereafter exist in the provinces,
cities and municipalities, municipal districts, and barangays, and the sea of
freshwater around between and connecting each of the islands of the Philippine
archipelago irrespective of its depth, breadth, length and dimensions, and all
other waters belonging to the Philippines including the territorial sea, exclusive
economic zone, and the sea bed, the insular shelves, and other submarine areas
over which the Philippines has sovereignty or jurisdiction.

h. Subterranean Waters. Streams, creeks, brooks, springs, and associated ground

water not subject to private ownership and not comprised within national parks,
forest lands, timberland or forest reserves, that are found beneath the terrestrial
features of a municipality irrespective of depth or breadth but extending only up
to the limits of the municipality’s geographical boundaries.

Section 74. MEASURES TO MITIGATE AQUATIC POLLUTION. The following

precautionary measures are hereby adopted.

a. Establishment of monitoring and regulatory system to control effluent discharge

from the point sources with necessary technical assistance from government
agencies and international cooperating bodies.
32
 Formulation of community-based anti-littering programs.

b. Application of safety practices in the use of fertilizers in agricultural areas.

c. Development approaches to reforest and preserve forest covers to control soil

erosion and minimize excessive sediment discharge from dredging.

Section 75. BUFFER STRIPS EASEMENT. In the utilization, development, conservation and
protection of aquatic resources, the following setback and or easement along the
entire length of the banks of the rivers and streams, shores of the seas and lakes
shall be observed.

a. Three meters setback for all urban uses;

b. Twenty meters easement for all agricultural uses; and

c. Forty meters easement for all forest

The above setbacks or easements shall be subject for public use such as for
recreation and other similar activities.

Section 76. CULTIVATION OF RIVERBEDS AND SANDBARS. No riverbed or sandbar

shall be subject of cultivation or utilization except upon prior recommendation of
the Municipal Development Council and upon prior permission of the Department
of Public Works and Highways. Provided further, that no permission shall be
granted if it obstructs the flow of water or if it shall increase the flood level so as
to cause damage to these areas.

CHAPTER IX
AIR QUALITY MANAGEMENT

Section 77 POLICY STATEMENT. The basic intention of the Municipal Government of

Bamban is to undertake the necessary precautionary and preventive measures
to ensure the prevalence of ambient quality air. Given the complexity of clean air
management and the insufficient technology and resource available for the
conduct of atmospheric monitoring and evaluation, the Municipal Government of
Bamban shall prevent to the greatest extent permissible, the continued
degradation of air quality within its territorial jurisdiction based on R.A. 8749
otherwise known as Philippine Clean Air Act.

Section 78 DEFINITION OF TERMS The following terms are operationally and or

conceptually defined:

a. Air Pollutant. Any particle or substance found in the atmosphere other than
oxygen, nitrogen, water vapor, carbon dioxide, and the inert gasses in their
natural or normal concentrations and includes, smoke, dust, soot, cinders, fly
ash, solid particles of any kind, gasses, fumes, mists, odors, and radioactive
substances.

33
 b. Airborne Dust or Dust. Minute solid particles released into or carried into the
atmosphere by natural forces or by any fuel burning, combustion, or process
equipment or device, or by construction works, or by mechanical or industrial
processes.

c. Ambient Air Quality. The average atmospheric purity as distinguished from

discharge measurements taken at the source of pollution. It is the general
amount of pollution present in a broad area.

d. Emission. The act of passing into the atmosphere an air contaminant, pollutant,
gas stream and unwanted sound from a known source.

e. Effluent Standards. Restrictions established to limit levels of concentration,

physical, chemical and biological constituents, which are discharged from point
sources.

g. Fuel-Burning Equipment. Any equipment, device, or contrivance, and all

appurtenances thereto, including ducts, breechings, fuel-feeding equipment, ash
removal equipment, controls, stacks, and chimneys, used primarily, not
exclusively, to burn any fuel for the purpose of direct applications or indirect
heating such as the production of hot air or hot water.

h. Fugitive Particulate. The particulate matter, which escapes and becomes

airborne from unenclosed industrial operation, or that which escapes from
incompletely or partially enclosed operation into the outside atmosphere without
passing or being conducted through a flue pipe stack or other structure.

i. Greenhouse Effect. A warming occurs on the earth’s surface when the earth’s
atmosphere traps the sun’s heat. The greenhouse effect received its name
because the earth’s atmosphere acts much like the glass or plastic roof and walls
of a greenhouse. The earth’s atmosphere allows most of the sunlight that
reaches it to pass through and heat the earth’s surface. The earth sends the heat
energy back into the atmosphere as infrared radiation. Much of this radiation
does not pass freely into space because certain gasses in the atmosphere
absorb in. These gasses include carbon dioxide.

j. Particulates or Suspended Particulates. Any material other than uncombined

water, which exists in a finely divided form as a liquid or solid.

k. Smoke. Gas-borne particulates resulting from incomplete combustion, consisting

predominantly, but not exclusively, of carbon, ashes or other combustion
material.

l. Standard or Limit. The concentration of any air contaminant which, in order to

protect the public health and welfare, shall not be exceeded at a particular region
or zone, and at a specified period of time. Standards are enforceable and must
be complied with by the owner or person in charge of an industrial operation
process or trade.

Section 79. INDUSTRIAL LOCATION. No industries or factories shall be constructed within

1 km radius from the town proper. Industrial location shall be governed by the
existing ordinance on Comprehensive Land Use Plan and Zoning.

Section 80. AMBIENT AIR QUALITY CONTROL. The Municipal Government in coordination
34
 with the DENR shall conduct an annual inspection of all industrial facilities,
including all equipment emitting potential air pollutants, to ensure that such
establishments and equipment are complying with the prescribed standard on air
quality.

Section 81. FUGITIVE PARTICLES. No person shall allow the emission of fugitive particulate
from any source whatsoever, including, but not limited to, vehicular movement,
transportation of materials, construction, alteration, demolition or wrecking, or
industry-related activities such as loading, storing or handling without taking
reasonable precautions to prevent such emissions. In line with such precautions,
the following are hereby adopted.

a. Covering of open loaded trucks transporting sand/quarry materials likely to give

rise to airborne dust, odor and other fugitive particles.

b. Treatment or removal of all air pollutants e.g., dust, fumes, gases, mists, odorous
matters or vapors or any combination thereof prior to discharge into the open air.

c. In case of building construction or demolition, quarrying operations or clearing of

land, precautions shall be carried out to ensure that fugitive dusts remain within
the premises of the activity conducted.

d. Dust, dirt and fly ash from any activity. The emission of dust, dirt or fly as from
any source or activity which shall pollute the air and render it unclean,
detrimental, unhealthful or hazardous or cause visibility to be impaired, shall not
be permitted.

Section 82. REDUCTION OF EMISSIONS OF CARBON DIOXIDE (CO) AND OTHER

GREENHOUSE GASES. The Municipal Government of Bamban shall exert
major effort to contribute towards the minimization of global warming. As such, in
coordination with the Environmental Management Bureau (EMB) of the DENR,
the Municipal Government shall regulate the use of chemical fertilizers and
burning within its territorial limits.

Section 83. REDUCTION OF EMISSIONS OF SUBSTANCES THAT DEPLETES THE

OZONE LAYER. The depletion of the ozone layer (in the earth’s atmosphere)
caused by the use of chlorofluorocarbon (CFC) halon and other hydro
chlorofluorocarbons poses extreme health hazard to mankind such as exposure
to harmful ultraviolet rays of the sun. Pursuant to the Montreal Protocol where the
Philippines is a signatory, the Municipality of Bamban hereby adopts some of its
relevant provisions:

a. All citizens in the Municipality are discouraged to use aerosols with CFC content
e.g., spray nets, pesticides, fertilizers, etc.

b. Refrigeration and air-conditioning shops, including factories and manufacturing

entities shall be required to institute measures to avoid the release of CFC’s
directly into the atmosphere.

c. The use of yellow fire extinguishers by residence and establishments containing

halons will not be allowed in the Municipality of Bamban.

35
Section 84. ODORS and GASES. The emission of foul odors and gases such as from
burning of rubber tires harmful to public health, safety and general welfare shall
not be permitted.

Section 85 SMOKE BELCHING. The Municipal Government shall strictly enforce the Anti-
Smoke Belching Law to prevent the excessive emission of pollutive particles from
motor vehicles and to ensure substantial improvement of air quality for the health
safety and of general public.

a. A periodic road-side (on-site) anti-smoke belching test shall be conducted in

cooperation with Bureau of Land Transportation.

Section 86. OPEN BURNING

a. Open burning adds to global warming and poses hazards to health, properties and
natural resources. Therefore, no person shall ignite, cause to be ignited or build any
open fires except on the following activities.

i. open fire cooking of food for human consumption;

ii. fires for recreational or ceremonial purposes;

iii. fires for the prevention and control of diseases and pests; and

iv. fires for training personnel in the methods of fire fighting.

Section 87. GLARE AND HEAT. Glare and heat from any operation or activity shall not be
allowed to be radiated, seen or felt any point beyond limit of the property.

Section 88. NOISE AND VIBRATION

a. To protect public health and welfare against nuisance caused by excessive

noise, the Municipality of Bamban in coordination with the DENR and various
sectors within the Municipal Government shall set standard for noise reduction at
the sources which include but not limited to.

1. Construction
2. Vehicles, mufflers, stereo system
3. Pub houses, restaurants and karaoke bars
4. Public gatherings such as concerts, rallies, etc.

b. All noise and vibration-producing machineries shall be enclosed by a building

and shall be provided with effective noise-absorbing materials, noise silencers
and mufflers and an open yard of not less than twenty (20) meters from the
nearest adjoining property planted to dense trees as buffers. To minimize
vibrations machineries should be mounted on shock-absorbing materials.

Section 89. TOLERABLE DECIBEL LEVELS. The Municipal Government shall limit sound
within its territorial jurisdiction to only up to 60 decibels.

36
 CHAPTER X
MUNICIPAL ENVIRONMENT MANAGEMENT OFFICE

Section 90. CREATION OF ENVIRONMENT MANAGEMENT OFFICE. Pursuant to Sec. 443

to RA 7160, an Environment Management Office is hereby created within the
Office of the Mayor.

Section 91. MUNICIPAL ENVIRONMENT MANAGEMENT OFFICER. The Environment

Management Office shall be headed by an Environment Management Officer
who shall be appointed by the Municipal Mayor. He shall be a natural born
citizen of the Philippines, resident of the municipality, of good moral character, a
holder of college degree preferably in Environment, Forestry and Agriculture, or
any related course, at least 5 years experience in Environment Management or
related fields and a first grade Civil service eligible or its equivalent.

As Department Head he shall receive a minimum monthly compensation

corresponding to Salary grade 24 prescribed under RA 6758.

Section 92. FUNCTIONS AND RESPONSIBILITIES.

a. The Environment Management Office shall be headed by the Environment

Management Officer who shall administer and manage the mineral, forestry,
water resource, solid and liquid wastes, air and noise pollution control,
environmental Impact Assessment of Eco-Tourism functions of various offices
and departments.

b. Assist the municipal and barangay governments and related environmental

organizations in the developmental management capability.

c. Establish an operational internal and external linkages and networking system

that will maintain and expand local government driven environmental activities.

d. Establish an Information, Education and Communication (IEC) Program.

e. Develop a multi-year environment management framework plan for the

promotion of local government driven community based and livelihood orientated
indicators particularly in tree enterprises, watershed management, eco-tourism,
solid waste management and participatory land use planning.

f. Develop and implement environmental programs through the promotion of best

as of the moment methods, processes and approaches by establishing
showcases within the municipality for barangays to adopt in their respective
jurisdiction.

g. Establish linkages with national and international institutions for purposes of fund
sourcing, national building, research and information/data bank generation.

h. Organize network of lobby/advocacy groups by maintaining network of

environmental organizations.

i. Facilitate and coordinate the holding of municipal environment summit.

37
 j. One-stop-shop. Install a one-stop-shop and quick response desk that will be
named by inter-disciplinary, inter-agency and multi-sectoral team whose task will
be to facilitate calls for fact-finding missions, monitoring and investigation of
controversial issues in the municipality.

k. Encourage barangays to group themselves into cluster to address common

concerns such as law enforcement and pollution control as stipulated in section
3(F) RA 7160.

l. To recommend the creation of Implementing Rules and Regulation Committee of

the Local Environment Code to the Municipal Mayor

m. Perform such other acts that are necessary to carry out its functions.

Section 93. DEFINITION OF TERMS. When used in this Code, the terms or phrases:

a. Public information refers to those information activities directed to public

audiences. Such activities include mass media, education and promotion, public
relations and commercial advertising.

b. Information is concerned with those information activities directed to large public

audience, organizations, small groups and individuals. Such activities include
mass media usage, advocating and promotion, and public relations.

c. Education refers to the series of formally designed learning objectives and

content that are intended to change the behavior of a target audience by
providing them knowledge, helping them acquire skills and causing the
internalization of desirable attitudes. Education includes technical education on
Local Environment Code, community extension, and formal schooling. Education
modifies people’s behavior through the acquisition of knowledge, new skills,
development of desirable habits and beliefs.

d. Communication is the process through which information and education are

conveyed. It is aimed at cultivating a permissive atmosphere that promotes
positive attitudes about the environment and on the Municipal Environment
Code as an instrument for the promotion of environmental quality. To properly
enlighten the people, it is important to ensure that they receive the same
message and the same interpretation.

e. Promotion is the process of communicating the features of the Municipal

Environment Code and its objectives and the services that it will provide, create
awareness for what it is all about, generate public enthusiasm, answer questions
asked by the public and the various constituencies, and to place the Local

Section 94. OBJECTIVES

The following are the objectives of the Public Information, Education and
Communication Program:

a. To provide a level of knowledge to prevent any misinformation on any provisions

of the Municipal Environment Code.

b. To facilitate exchange of information on the Local Environmental Code.

38
 c. To advocate for a Local Environment Code and persuade the public on the value
and importance of the Code;

d. To inform the target clientele about Environmental regulations and for their
compliance;

e. To help justify the need for the Local Environment Code and to maintain a
positive healthy relationship between the Municipal Government and its
constituents and other stakeholders;

f. To cultivate a favorable climate of acceptance for the Local Environment Code

and its effective implementation.

Section 95. FUNCTIONS.

The Public Information, Education and Communication Program (IEC) shall be

concerned with the following functions:

a. Developing understanding about Local Environment Code and its role in local
and national development.

b. Developing and strengthening opinions and attitudes favorable to Local

Environment Code.

c. Providing several and technical information to the public.

d. Providing motivation, stimulation and basis for discussion for community

assessment and decision.

e. Orienting the people on the values of the Local Environment Code for their
greater appreciation and acceptance.

Section 96. PUBLIC INFORMATION, EDUCATION AND COMMUNICATION (PIEC)

PROGRAM COMPONENTS

Hereunder are its components:

a. The target clientele;

b. The clientele’s needs and wants;
c. Services and the benefits to be derived; and
d. Methods of presentation.

Section 97. RESPONSIBILITY FOR INFORMATION, EDUCATION AND COMMUNICATION

The Office of the Municipal Environment Officer shall take primary responsibility
in designing and implementing an Information, Education and Communication
Program for public dissemination of all provisions of this code.

Section 98. THE ROLE OF CITIZENS Municipal residents shall take an active role in the
planning and implementation of public information, education and communication
projects and activities for the environment.

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Section 99. REVIEW BY THE LOCAL CHIEF EXECUTIVE. All actions and decisions of the
Environment Management Officer are subject to review motu propio by the
Mayor or upon appeal of any person on which the decision of the Municipal
Mayor shall be final and executory.

Section 100. RULES AND REGULATIONS. The Implementing Rules and Regulation (IRR)
Committee, in consultation with the Sangguniang Bayan and upon
recommendation of the Environment Management Officer, shall promulgate the
rules and regulations necessary to implement effectively the provisions of the
Code.

Section 101. ENVIRONMENT MANAGEMENT OFFICE STAFF. For effective implementation

of Municipal Environment Management Program, there shall be created relevant
staff employees, subject to availability of funds pursuant to the provisions of
accounting and auditing rules and regulations in the Environment Management
Office.

CHAPTER XI
FINAL PROVISIONS

Section 102. PENAL PROVISIONS.

a. Any person found guilty of violating sections 23, 24 and 26.3 shall suffer the
penalty of fine of not less than ONE THOUSAND PESOS (P 1, 000.00) but not
more than TWO THOUSAND PESOS (P 2, 000.00) or an imprisonment of not
less than 30 days or both fine and imprisonment at the discretion of the court
without prejudice to administrative sanctions in case of business establishments,
firms, corporations or the like.

b. Any person or business entity who violates Section 26.1 and 26.2 shall be
punishable in accordance with DAO 79 series of 1990 and other prevailing laws

c. Any person or business entity found guilty of violating Section 48 and 49 shall be
fined with FIVE HUNDRED PESOS (P 500.00) to TWO THOUSAND FIVE
HUNDRED PESOS (P 2, 500.00) for first offense and cancellation of business
permit for second offense or an imprisonment of 15 to 30 days or both as ordered
by the Court.

d. Any person violating Sections 52, 53, 54, 57, 59, 60,61 and 62 of this code shall
be fined Two Thousand Pesos (P 2, 000.00) or an imprisonment from 15 to 30
days or both fine and imprisonment at the discretion of the Court without
prejudice to sanctions in case of business establishments, manufacturing firms,
corporations or the like.

e. Any person found violating Section 35,36, 41, 42, and 45 shall be punished in
accordance with Municipal Ordinance No 01-95.

f. Any person found violating Section 37 (a ) shall be penalized in accordance with

Municipal Ordinance No 02-97.

g. Any person found violating Section 56 shall be penalized in accordance with

Market Code of the Municipality of Bamban
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