Republic of the Philippines
Province of Iloilo
Municipality of Tubungan
Sangguniang Bayan
Municipal Ordinance No. 2009-09
PROVIDING FOR THE COMPREHENSIVE ORDINANCE ON ENVIRONMENT AND FOR OTHER PURPOSES OFTUBUNGAN, ILOILO
Honorable Francisco T. Tacadao - Sponsor
Be it ordained by the Sangguniang Bayan of the Municipality of Tubungan that:
Chapter I
TITLE, POLICIES, PRINCIPLES AND DEFINITION OF TERMS
Section 1.Title.This Ordinance shall be known as the“Ordinance Providing Comprehensive Ordinance on Environment and for other Purposes of Tubungan, Iloilo”otherwise known as the “Environmental Code of Tubungan.”
Section 2.Declaration of Policies. The Environmental Code shall be the legal and policy framework for a holistic approach to enhance the right of the people to a balanced ecology in the municipality basing on Sections 16 and 17 (2) (ii & iv) of Republic Act No. 7160. It shall be primarily aimed to contribute to the promotion and attainment of an environmentally-friendly community by instituting legislative measures and reforms thus, fulfilling the local government unit’s vision: “an ecologically balanced, peaceful and progressive Tubungan with unified, self-reliant, healthy and empowered people living in a just society.”
Section 3. Operative Principles. This Environmental Code shall be based on the following basic principles:
a)Integration–characterized by comprehensiveness of scope, coherent and consistent strategies, and cost-effectiveness of results of the policy making and implementation processes undertaken. Integration is the principle behind the mandate for local governments to implement and translate into their development initiatives the national policies, plans and programs.
b)Interdisciplinarity–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.
c)Precautionary Principle–wherein local decision makers take immediate preventive action, using the best available knowledge in situations where there is reason to think that something is causing a potentially severe or irreparable 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 Environmental Management.
d)Polluter Pay Principle–wherein polluters cover the external cost of pollution upon the community and environment, an example of the Polluter Pay Principle concept is what is called negotiated compensation for damages done to the physical environment.
e)Intergenerational Equity–that means ensuring equal access to goods and resources for people in the present and future generations.
f)Public Participation–that consist in the 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 sense of ownership to the issues sought to be addressed, and to the interventions and solutions, which are decided upon as necessary. This is also a way to decentralize responsibility for environmental protection and conservation and ultimately empower communities without using the coercive power of the state.
g)Indigenous and Community-Based Management–in recognition of effective traditional practices in environmental management, as well as the right and duty of local communities to conserve and protect the environment and natural heritage.
Section 4.Definition of Terms. This Environmental Code shall use the following terms in its implementation, namely:
1)Agricultural Lands- lands of the public domain which are neither forest or mineral lands nor national park.
2)Agricultural waste – shall refer to waste generated from planting and harvesting crops trimming or pruning of plants and waste or run-off material from the farms or fields.
3)Air Pollutant – Any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the inert gases in their natural or normal concentrations, and include smoke, dust, soot, cinders, fly ash, solid particles of any kind, gases, fumes, mists, odors, and radio-active substances.
4)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.
5)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 or national park.
6)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 the broad area.
7)Assisted Natural Regeneration(ANR) – the process of rehabilitating denuded forests lands by taking advantage of trees already growing in the area. This usually involves the following activities: locating and releasing indigenous trees, maintenance, and augmentation planting and augmentation.
8)Boulders– are large fragment of rock greater than 200 mm. (8 in.) in diameter.
9)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.
10)Coconut tree–refers to a full pinnate leaved palm bearing a large edible fruit called the coconut.
11)Commercial Lands – portions of alienable and disposable lands of the public domain classified as suitable and intended for trading of goods and services by competent authority.
12)Composting– shall refer to the controlled decomposition or organic matter by microorganisms mainly bacteria and fungi into a humus like product.
13)Contract reforestation – implementation of reforestation activities through written agreements with the community or local government.
14)Controlled dump–shall refer to a disposal site at which solid waste is deposited in accordance with the minimum standards of site operation.
15)Cover Crop Planting–process of conditioning denuded areas which are highly cogonal, rocky or erodible by planting creeping leguminous perennial plants such as kudzu, stylosanthes, lablab, bean, psophocarpus, patani, or by planting suitable non-legumes such as Mora, morning glory vine, wild sun flower and kikuyu grass, in order to improve soil fertility, organic matter, and water holding capacity prior to or concurrent with the planting of trees and other perennial plantsin such areas.
16)Department–shall refer to Department of Environment and Natural Resources (DENR)
17)Deregulated tree species–include mahogany, gimelina, acacia, ipil-ipil, and other planted trees, premium trees and Benguet Pine.
18)Disposal–refers to a site where solid waste is finally discharge or deposited.
19)Effluent standards – restrictions established to limit levels of concentration of physical, chemical, and biological constituents discharged from point sources.
20)Emission– the act of passing into the atmosphere an air contaminant, pollutant, gas stream, and unwanted sound from a known source.
21)Enrichment Planting–process of interplanting fuel wood, timber, and non-timber crops in adequately-stocked reforestation projects previously implemented for the purpose of increasing wood supply for the people and enhancing the income-generating potential of such projects.
22)Environmentally acceptable–shall refer to the quality of being reusable, biodegradable or compostable, recyclable, and non toxic or hazardous to the environment.
23)Extraction–refers to an act or process of taking, excavating, and removing
24)Farmlands - lands intended for or actually devoted to the production of food, including plantations.
25)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, but 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.
26)Fugitive Particulate–the particulate matter which escapes and becomes airborne from unenclosed operation into the outside atmosphere without passing or being conducted through a flue pipe, stack, or other structure.
27)Generation–shall refer to an act or process of producing solid waste.
28)Generator – shall refer to a person, natural or juridical, who last uses a material and makes it available for disposal or recycling.
29)Gravel– particles of rock that passes a 7.5 (3”) and retained by 4.76 (N4) sieve
30)Greenhouse Effect–a warning near the earth’s surface that results 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 gases in the atmosphere absorb it. These gases include carbon dioxide, ozone, and water vapor. They grow warm and send infrared radiation back toward the earth, adding to the warming at the surface.
31)Hay- stems and leaves of rice that was already threshed.
32)Income- Enhancement Planting–process of interplanting fuel wood and food crops in areas previously planted with trees and perennials to produce income from these areas while waiting for the trees to mature.
33)Industrial lands–public lands within the zone established by local governments for the manufacture and production of large quantities of goods and commodities.
34)Inorganic Fertilizer– commercial fertilizer
35)Land Classification–assessment, appraisal, and determination of land potentials which include survey and classification of land resources and the study and mapping of the soil.
36)Land Reclassification–subsequent classification, allocation, and disposition of alienable and disposable lands of the public domain into specific uses.
37)Land Resources–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 local governments, including all flora and fauna, and aquatic resources that dwell or exists upon it.
38)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 an aid to decision making and legislation.
39)Limestone– rock consisting mainly of calcium carbonate and used as building stone and when crystallized by heat and pressure, it becomes marble
40)Municipal Waste–shall refer to the produce from activities within the local government units which include a combination of domestic commercial waste and street litters.
41)National Park–forest registration essentially of natural wilderness character which has been withdrawn from settlement, occupancy or any form of exploitation, except in conformity with approved management plans, and set aside as such exclusively to conserve the area or preserve the scenery, the natural and historic objects, wild animals and plants therein and to provide enjoyment of these features in such areas.
42)NaturalPark–a relatively large area not materially altered by human activity where extracted resource uses are not allowed and maintained to protect the outstanding natural and scenic areas of natural or international significance for scientific, educational and recreational uses.
43)Natural Resources – refer to material objects of economic value and utility to man produced by nature. They constitute the patrimony of the nation.
44)Naturally growing Trees – trees which are not planted–include bayoko, tipolo, salong, lunok, hitang-hitang batino.
45)NIPAS–the National Integrated Protected Areas System is the classification and administration of all designated protected areas to maintain essential ecological processes and life-support systems, to preserve genetic diversity, to ensure sustainable use of resources found therein, and to maintain their natural conditions to the greatest extent possible.
46)Organic Fertilizer–pertains to compost manure or natural fertilizer
47)Particulates or Suspended Particulates–any material, other than uncombined water, which exists in a finely divided form as a liquid or solid.
48)Permit–refers to the written authorization of the PCA allowing the cutting of coconut tree.
49)Population, Resources and Environmental Balance–a condition where there is a harmonious interaction between and among population, resources and environment towards sustainable development. This means that population factors such as size, growth, age-sex structure, distribution as well as their activities do not compromise the replenishment and conservation of the resources and the preservation of the environment and vice-versa.
50)Population and Development Planning Approach–the development of a mindset to look at all the important socio-economic and demographic interrelationships in formulating, implementing, monitoring and evaluating plans and programs.
51)Premium Trees–Under DENR Administrative Order No. 78, Series of 1987 include narra, molave, dao, kamagong, ipil, batikuling, betes, banuyo, bolong-eta, kalantas, lanete, lambuyao, sangilo, supa, teak, tindalo, and manggis.
52)PrivateLand–land tax declared alienable and disposable and title lands
53)Production Forests– areas with slope from 0-50% developed to supply both timber and non-timber products such as bamboo, rattan, horticultural crops, (e.g. fruits/nut trees), mangrove, gums, and resins, species, fiber trees, or a combination thereof.
54)Protected Area–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.
55)Protected Forests–areas regardless of slope which are highly erodible or too rocky for establishment of production forests, developed for the principal objective of establishing vegetative cover to prevent erosion, conserve water and nurture wildlife.
56)Public Domain–Land which belong to the State, province or municipality in its proprietary capacity.
57)PublicLand–refers to such lands of the public domain as are subject to alienation and disposal by the State in accordance with the Public Land Act [CA No.141].
58)Quarrying–the process of extracting removing or disposing quarry resources found on or underneath the surface of public land or private land.
59)Receptacles–shall refer to individual containers used for the source of separation and the collection of recyclable materials.
60)Reforestation–planting of denuded forest lands with trees and other perennials. It shall include all direct and indirect activities necessary to establish forest plantations, such as: identification of sites, surveying, mapping, and planning, construction of infrastructure; seedling production; site preparation; planting/replanting; maintenance and protection; covercrop planting; enrichment planting and inter cropping; monitoring and evaluation.
61)Residential Lands–public lands intended for or devoted to the construction and establishments of dwellings.
62)Resource Reserve–an extensive and relatively isolated and uninhabited area normally with difficult access designated as such to protect natural resources of the area for future use and prevent or contain development activities that could affect the resource pending the establishment of objectives which are based upon appropriate knowledge of planning.
63)Sand–particles of rock that passes a 9.5 mm (3/8”) and retained by a 0.150 mm (No. 100) sieve.
64)Segregation at Source–refers to a solid waste management practice of separating at the point of origin different materials found in solid waste.
65)Smoke – gas borne particulates resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon ashes, or other combustion material.
66)Solid Waste–shall refer to all discarded household waste sweepings, agricultural waste and other non hazardous/non toxic waste.
67)Solid Waste Management–shall refer to the discipline associated with the control of collection, transfer and transport and disposal of solid wastes to the dumpsite
68)Source Separation–shall refer to the sorting of solid waste into some or all of its component parts at the point of generation.
69)Stalk/Straw–main stem or base of rice that remains in the soil after harvest
70)Standard or Limit–the concentration of any air contaminant which, in order to protect public health and welfare, shall not be exceeded at a particular region or ozone, 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.
71)Strict Nature Reserve–an area possessing some outstanding ecosystem, features and/or species of flora and fauna of national scientific importance maintained to protect nature and maintain processes in an undisturbed state in order to have ecologically representative examples of the natural environment available for scientific study, environmental monitoring, education and for maintenance of genetic resources in a dynamic and evolutionary state.
72)Ten Upland Barangays–refers to the ten identified upland barangays with forest reserve area of 2,288 sq. hectares. They are located in the slope area. These ten barangays are Igpaho, Igtuble, Molina, Bikil, Bantayanan, Victoria, Bagunanay, Lanag Norte, Morcillas and Navillan.
73)Unclassified Lands–all lands that have not been qualified into agricultural, forest, mineral lands, national parks or other classes of lands in accordance with the Land Code and the Revised Forestry Code.
74)Urbanization– act or process of making an area or a rural group of people adapt to a city life.
75)Volatile Organic Compound–any compound containing carbon and hydrogen in combination with any other element which has an absolute vapor pressure of 0.10 kg/cm2 equivalent to 77.6 mm Hg. or greater under actual storage conditions. Organic solvents include diluents and thinners and are defined as chemical compounds of carbon which are liquids at standard conditions and which are used as dissolvers, viscosity reducers, or cleaning agents.
76)Waste Diversion – shall refer to activities which reduce or eliminate the amount of solid waste from the waste disposal facilities.
77)Waterways–a channel or tunnel through or along which the water runs–in this ordinance, shall refer to brook, creek, stream, and river.
78)Zoning–refers to the delineation/diversion of a municipality into functional zones where only land specific land uses are allowed. It directs and regulates the use of all land 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/infrastructures thereon.