CITY ORDINANCE NO. 694 September 5,2012 - Bacolod · CITY ORDINANCE NO. 694 September 5,2012 ... Water Code of the Philippines ... "Revised Forestry Code of the Philippines". Article

REPUBLIKA NG P1LIPINA5 TANGGAPAN NG SANGGUNIANG PANLUNGSOD

LlfWGSOD NG BAKOLOD -0O0-

CITY ORDINANCE NO. 694 September 5,2012

CLEAN RIVER, CREEK. WATERWAYS AMD COASTAL ORDINANCE OF BACOLOD CITY.

WHEREAS, it is the declared policy of the Stale to 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.

WHEREAS, the State shall protect and advance the rights of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature;

WHEREAS, Local Government Units, through the Environment and Natural Resources Office have She power and function to take active participation in ail efforts concerning water quality protection and rehabilitation;

WHEREAS, under the provisions of PD 198 otherwise known as the "Provincial Water Utilities Act" a Production Assessment Charge (P^C) is provided to ensure that there are mitigating measures to protect water resources such as watersheds, aquifers, rivers and other tributaries through reforestation from the collected charge from commercial used water utilization,

WHEREAS, rivers, canals, creeks, and other tributaries are part of a healthy and functioning ecosystems of Bacolod City;

WHEREAS, rivers contain abundant flora and fauna which is essential for human existence;

WHEREAS, rivers provide freshwater for plants, vegetation and irrigation for agricultural purposes;

WHEREAS, excessive garbage has polluted our rivers, resulting in contaminated drinking water;

WHEREAS, there is a need to save the rivers in Bacolod City by conducting a dean-up and capacity building workshops for the residents living along the river banks;

NOW THEREFORE. RE IT ORDAINEO by the Sangguniang Panlungsod that

City Ordinance No 604 • September5,2012

Section 1 , TITLE. This ordinance shall be otherwise known as the t t e f l H I Creek, Water Ways tmd Constat Ordinance ofBacotod City",

Section 2. DEFINITION OF TERMS. These words shall be deteed^H Ordinance as follows:

a| Rivet - a natural collection of waters, arising from springs or fount: ma flow in a bad or canal of considerable width and length, towards the sea.

b) Tributaries - a stream that flows into a larger stream or other body of l ^ H

c} Creek - a natural stream of water normally smaller than and often ti river

Coastal water - includes the area from a line approximating the mean h#l water along the mainland or island as far out as sixty (60) nautical mats including the bays, harbors, and sounds,

e) Coastal area an area of land that is affected in various ways by its closeness to the sea together with the area of sea that is affected by being close t * human activities on and from the land.

f) Water Code of the Philippines - a decree instituting a code that governs Wm ownership, appropriation, utilization, exploitation, development, conservation and protection of water resources.

g) Barangay Ecological Precincts - a group that shall convene and uphold the given functions under Section 5 of this ordinance.

h) Water Ways - is any navigable body of water Water ways can include rivers, lakes, seas, oceans and canals, in order for the water way to be navigable, it must meet several criteria:

• The water way must be deep enough to allow the draft depth of the vessels using it;

• The water way must be wide enough to allow passage for the beam width of the vessels using it;

* The water way must be free of barriers to navigation such as waterfalls and rapids or have a way;

City Ordinance No. 604 September 5, 2012

Section 3. DECLARATION OF PRWCIPLE. It is the principle that Local Government Units shall share with the National Government the responsibility in the management and maintenance of ecological balance within their territorial jurisdiction

Section 4. OVERSIGHT COMMITTEE, The City Environment and Natural Resources Office thru the Office of the City Mayor shall oversee the implementation of this ordinance. The oversight committee will supervise the Barangay Ecological-Precincts that was created by each Barangay and shall coordinate with the leading task force which is the Department of Public Services (DPS) in the preservation end conservation of local waters within Bacoiod City It is also vital to encourage and to create public awareness among different Barangays. private sectors, civil society, and the academe for a more active response from the community 60 days after the approval to suhmil the Implementing Rules and Regulations (IRR).

Section 5. BARANGAY ECOLOGICAL PRECMCTS Each Barangays of Bacoiod City shall create their own Barangay Ecological Precincts and representatives of the respective BAC-UP stations. They have the following functions:

a) Oversee that cleanliness of the river that is located on the land area of their Barangay of which they have jurisdiction thereof:

b) Train and deputize "River Warriors" or "Bantay Suba" in coordination with the Bantay Dagat Task Force:

c) Responsible for the enforcement of applicable laws and ordinances against people who are caught throwing trash and other environmentally harmful materials into the ester©:

d) Establish tree nurseries on the Barangays or localities beside the rivers and other tributaries in Bacoiod City;

e) Coordinate with the Department of Public Services with regards to their project in cleaning the river;

f) Coordinate with private organisations with regards to their project in cleaning

g) Conduct tree growing activities within their jurisdiction along the river banks:

h) Coordinate with the Department of Public Services (DPS) for the collection of wastes taken from the coastal, creeks, water ways and rivers and the delivery to the sanitary landfill;

the river;

City Ordinance No 604 September 5, 2012

Page 4

i) Coordinate with the Department of Agriculture (DA) office for the dtstribdi planting materials such as propaguies, sapiings wildings to be planted river banks and other tributaries in Bacolod City

1) Coordinate with BACIWA and CENECO and other commercial and establishment with regards to their projeci in cleaning the river, cree*. I ways and eaasiai;

k) Coordinate with the City Health. ENRO, and DENR with regards to thai p in cleaning the river, creek, water ways and coastal.

S e c t i o n s . COMPOSITION Each Barangays Ecological-Precincts sfta

composed of one member each of the following:

CHAIRMAN Punong Barangay

VICE CHAIRMAN Kagawad Chair, Committee on Environment

MEMBERS Representative from the Sangguniang Kabataan: Representative from the Out of School Youth; Representative from the Non-working Housewives: Representative from the Academe/Education Sector. Representative from the Private Sector Representative of the PNP from its respective Pofcce Representative from Disaster Risk Reduction Office (DRRMO)

Section 7. ADOPT A COASTAL AREA, RIVER AND CREEK establishment, school or Barangay that exist along a certain river, creek, water' a coastal area must be responsible for their solid waste disposal and mt safeguard the rivers. The campaign contains.

a) A river clean up which will be undertaken twice a year within:

a.1) the fourth week of June and: a.2) on the first week of December

b) All establishments or corporation located in the immediate area particular river are required to participate in the clean-up;

c) All schools located in the immediate area along the particular river are i to participate in the clean-up:

d) All Barangays located in the immediate area along the particiiar required to participate in the clean-up.

City Ordinance No. 604 September 5, 2012

Page 5

Section 8. PROHiBiTfOHS. Any person or establishment is prohibited from discharging or cause disposal of any untreated wastewater, sludge, oil, grease, chemical, or other waste to any part of the City that will endanger the environmental condition of the City's rivers, creeks and waterways with corresponding penalties thereof as provided for in Sec. 28 of Clean Water Act of 2004. AH activities done against the retention of areas within certain distances along the banks of rivers, creeks, and coastal waters for environmental protection shall "be considered prohibited acts such as hog and pouttry raising. In accordance with Section 16, paragraphs 7 & 8 of P.D No. 705 otherwise known as "Revised Forestry Code of the Philippines". Article 51 of P.D No. 1067 otherwise known as "The Water Code of the Philippines", and, P.D No. 9003.

Section 16 of P.D No. 705, Areas needed for forest purposes:

7) Twenty-meter strips of land along the edge of the normal high watertine of rivers and streams with channels of at least five (5) meters wide.

8) Strips of Mangrove or swamplands at least (20) meters wide, along shore-lines facing oceans, lakes, and other bodies of water; and strips of land at least twenty (20) meters facing lakes.

Article 51 of P.D, No. 1067 provides:

The banks of rivers and streams and the shores of the seas, and throughout their entire length and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas, and forty (40) meters in forest areas along their margins are subject to the easement of public use in the interest of recreation, navigation, floatage, fishing and salvage.

Section 9. PURCHASE OF EQUIPMEHTS. The following equipments shall be used for the purpose of this ordinance to be safe kept by Disaster Risk Reduction Management Office (DRRMO).

a) Refractometer - used to measure the salinity o f water

b) Seccht Disk - circular disk used to measure water transparency

c) Dissolved Oxygen Meter (D.O. Meter) - used to measure the amount of oxygen present me of water to indicate if the water is useful for a specific application like river monitoring.

d) pH Meter - used for measuring the pH (acidity or alkalinity) of a liquid.

e) BloCleaner - used to treat all kinds of organic waste including residential, commercial, industrial and municipal sectors It can be effectively used in natural waterways such as rivers, lakes and bays.

City Ordinance No. 604 September 5, 2012

Page 6

f) Rubber boat -used in cleaning waters most especially in the deeper part of the river

g) Litter Traps - to be installed in different areas of water bodies.

Section 10. FUNDING. For purposes of this ordinance, the City of Bacolod shall allocate the amount of Two Million Pesos (P 2,000,000.00) annually to be taken from the general funds and be allocated to the office of Environment and Natural Resources Office (ENRO) which shall be used for the programs and operating expenses in implementing the various projects.

Section 11. DISBURSEMENT OF FUND. The fund herein shall be disbursed by the City through the Environment and Natural Resources Office. And the implementation of the project will be in coordination with the various Barangays in Bacolod City.

Section 12. INFORMATION-EDUCATION CAMPAIGN. The Public information Office (PIO) will spearhead the information-education campaign in coordination with ENRO and the affected Barangays.

Section 13. INCENTIVES. The City will give incentive/award to the Barangay who has the cleanest river, creek, canal or coastal area.

»• Section 14. PENALTY C L A U S E . Any individual or juridical person, who shall do

acts such as throwing of any kinds of human or animal waste, spitting, disposing of chemicals, and does not comply with the required semi annual clean up or any acts done against the ordinance shall be liable for the following penalties.

a Any Individual;

First Offense P 500.00

Succeeding Offenses P1,000.00 plus community work or

imprisonment for 6 months;

b. Any Juridical Person:

First Offense P 1,000.00 Succeeding Offenses P 2,000.00 plus revocation of Mayor's permit.

section 15. SEPARABILITY CLAUSE If for any reason, any section or provision of this ordinance is held to be invalid or unconstitutional, other part/s or provisions hereof which are not affected thereby shall continue to be in full force and effect.

City Ordinance No. 604 Septembers, 2012

pag<* 7

Section 16, EFFECTIVITY. This ordinance shaft take effect fifteen (15) days after compliance with the mandatory requirement set forth by law

CARRIED BY THE VOTE OF: Affirmative:

Councilors • Homer Q. Bats, Archie S. Baribar, Roberto M. Rojas, CataKno T. Alisbo, Em L. Ang, Elmer T. Sy, Sonya M. Verdeflor, Al Victor A. Espino, Caesar Z. Distrito, Carlos Jose V. Lopez, Mona Dia G. Jardin.

Negative:

Absent :

Official Leave;

Author:

Passed :

Comments:

N o n e

N o n e ,

Councilor Dindo C, Ramos.

Councilor Carlos Jose V. Lopes.

September 5, 2012 (114m Regular Session).

P a s s e d Councilors El Cid M. FamiHaran and Keith Emmanuel L. Ramos were not around when this ordinance was passed.

ATTESTED"

A. SAYSOK ayor

g ©fRcer

HEIEPS P r t tGASW Board Secretary IV

OIC. Secretary to the Sanggunian

APPROVED: September 2-1.2012. EVEUO R. LEOWARDtA City Mayor

HPL/JfK g p — .KISLATIVE SERVICES SECTION

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