PROPOSED ANTI-PLASTIC ORDINANCE
by: HON.MARIA ELIZABETH Q. LAVADIA
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Note: Highlighted texts are revisions based on suggestions during the public hearing dated Feb. 16, 2012 and meeting dated March 7, 2012.
PROPOSED ORDINANCE
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An ordinance prohibiting the use of plastic bags on dry goods and regulating its utilization on wet goods and prohibiting the use of styrofoam within the city of naga and prescribing penalties thereof:
Sponsor: Hon Maria Elizabeth Q. Lavadia
Co- Sponsor: Hon. David Casper Nathan A. Sergio
Hon. Ray-An Cydrick G. Rentoy
Hon. Salvador M. Del Castillo
Hon. Jose A. Tuason
EXPLANATORY NOTE
Since its invention sometime in 1862 by Alexander Parkes, plastics, particularly plastic bags, are considered to be a revolutionary product. Undoubtedly, plastic bags became a low-cost, convenient and sanitary means to package food and other products. The use of “bayong” and jute- fiber sacks has long been outmoded by sando bags and plastic fiber sacks, respectively. Needless to say, plastic has become a universal packaging material. In fact the global production of plastic materials has reached 200 billion pounds per year.
However, everything has its own pro’s and con’s. By their very nature, plastic packaging materials almost always find their way to trash bins, becoming a major part of the waste stream of human settlements. On a global side, plastic materials make up 16% of the dumps in the world. In Naga City, these plastic bags make up a part of what is considered the residuals or those that cannot be recycled into new materials or processed into compost.
The common knowledge and acceptance of the fact that plastic bags have negative impact on the environment is enough for us to think of ways on how to minimize better yet eradicate the use of environmental hazard. It’s time to follow suit with other environment-friendly NGO’s and LGU’s in the advocacy efforts to reduce the use of plastic materials.
WHEREAS, Article II, Sec. 6 of the Philippine Constitution provides that the State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature;
WHEREAS, Sec. 3 (i) of RA 7160 provides that the Local Government Units shall share with the national government the responsibility in the management and maintenance of ecological balance within their territorial jurisdiction;
WHEREAS, Sec. 458 (vi) of RA 7160 also empowers the Sangguniang bayan / Panlungsod to protect the environment and impose appropriate penalties for acts which endanger the environment including such activities which results in pollution acceleration or eutrophication of rivers and lakes or of ecological imbalance;
WHEREAS, Republic Act 9003 otherwise known as the Ecological Solid Waste Management Act of 2000 provides for the identification and listing of Non- Environmentally Acceptable Products (NEAP) and packaging material. The National Solid Waste Management Commission (NSWMC) has adopted and issued guidelines for NEAP and has identified plastic packaging as one of only 5 product groupings that shall undergo assessment;
WHEREAS, plastic bags are rampantly used as packaging materials in the City of Naga and elsewhere;
WHEREAS, plastic bags and Styrofoam, being non-biodegradable materials clog our canals, creeks, rivers and other waterways, and during rainy season end up in Naga river causing harm to the river and the surrounding barangays;
WHEREAS, DESPITE SERIOUS EFFORTS OF THE City to segregate compostable, recyclable and reusable waste materials, plastics and other similar materials remain in the waste stream and eventually become residuals;
WHEREAS, the City is spending a considerable amount of money for operational and maintenance expenses on waste disposal;
WHEREAS, the City of Naga in its desire to reduce if not totally eliminate the use of plastic film bags as packaging materials, encourages the utilization of eco-friendlypackaging materials such as woven bags (bayong), cloth bags (katsa), paper bags and other similar materials (e.g. banana leaves, taro leaves, etc.) and at the same time enjoined to promote the “Bring Your Own Bag”;
WHEREAS, there is now a need to regulate the use of plastic bags to prevent potential serious ecological imbalance particularly in the City’s creeks, rivers and other waterways;
SECTION 1. –Title. This ordinance shall be known as “An ordinance Prohibiting the Use of Plastic Bags on Dry Goods & Regulating its Utilization on Wet Goods and Prohibiting the use of Styrofoam in the City of Naga and prescribing penalties thereof.”
SECTION 2.– Definition of Terms. For purposes of this ordinance, the following terms are defined to wit:
a)“Cloth Bag” (Katsa) – refers to a reusable packaging material made of cloth (biodegradable) used in the packaging of flour, wheat and other similar goods.
b)“Dry Goods” – refers to any product that does not require refrigeration or freezing to maintain, such as textiles, clothing, medicines.
c)“Dry Market” – generally refers to the store of products that do not require refrigeration or freezing to maintain.
d)“Plastic Bags” – also known as sando bags, pouch, plastic shopping bags and plastic film bags. It is a type of flexible packaging material made of thin, plastic film that is used for containing and transporting goods and other products. It shall also refer to thin-gauge packaging medium that is used as bags or wraps.
e)“Styrofoam” – refers to a kind of packaging material used as food containers, disposable cups, plates, etc.
f)“Plastic Wastes” – refers to any plastic packaging material thrown as waste.
g)“Primary Packaging Material” – refers to those types of packaging for containing wet produce, snack foods, frozen foods, hardware, etc.
h)”Secondary Packaging Materials” – refers to those types of packaging materials for wet goods to provide support to any primary packaging and intended for convenience of the handler as well.
i)“Wet Goods” – refers to any product that requires refrigeration or freezing to maintain such as fish, meat, fresh poultry products, fruits, vegetables, beverages and cooked foods in carinderias / eateries.
j)“Wet Market” – generally refers to the store of products that requires refrigeration or freezing to maintain. These include the wet section in public markets, supermarkets, mini marts, restaurants and carinderias / eateries.
k)“Woven Bags” (a.k.a Bayong) – refers to biodegradable packaging material made of woven pandan or buri leaves and other similar materials.
SECTION 3. –Prohibition on the Use of Plastic Bags on Dry goods.No business establishment shall utilize plastic bags as packaging material on dry goods.
SECTION 4. – Regulating the Use of Plastic Bags on Wet goods. Business establishments dealing on wet goods shall use plastic bags as primary packaging material.
SECTION 5. – Prohibition on the Use of Styrofoam. No business establishment which includes catering services shall use Styrofoam and other similar materials as containers for food, produce and other products.
SECTION 6. – Plastic Wastes not to be collected. Plastic bags discarded or other similar plastic waste materials will be included in the collection of non-biodegradable wastes every Wednesday and Thursday. These materials must be properly segregated prior to collection and submission to their respective barangays for proper disposal.
SECTION 7. – Monitoring of Ordinance. The Solid Waste Management Office (SWMO) shall monitor the effective implementation of this ordinance. The SWMOshall prepare a semi-annual report on the progress of the implementation of this Ordinance.
SECTION 8. – Information Education and Communication Campaign. Upon approval of this Ordinance, the City shall conduct massive information education and communication campaigns within the period of one (1) year moratorium using quad media (print, radio, television and internet) and shall also include the promotion of eco-friendlypackaging materials.
SECTION 9. – Implementing Rules and Regulations. Within sixty(60) days from the approval of this Ordinance, the necessary rules and regulations shall be issued and approved by the City Mayor, Solid Waste Management Office, City Environment and Natural Resources Office,and City Legal Officefor the proper and effective implementation of this Ordinance.
SECTION 10.-Moratorium. All business establishments and / or individuals are hereby given one (1) year moratorium to comply with this ordinance from the date of its approval. As part of the transition period and to give more time to effectively carry out its first year of implementation, the ordinance shall strictly cover and observed by the following sectors:
- Malls
- Fast Food Chains
- Restaurants
- Other Industrial and Commercial Business Establishments
From six (6) months onwards, the implementation of the ordinance shall be strictly followed by the sectors such as but not limited to the following:
- Dry / Wet Markets
- Households
SECTION 11.-Conduct of Feasibility Study on Alternative receptacle provision. Before the implementation of this ordinance, the City Planning and Development Office (CPDO)and Metro Pesois enjoined to conduct a study on the feasibility of providing alternative receptacles for the disposition and marketing of products, so as not to affect the flow of trade and commerce in the City.
SECTION 12.-Strengthening livelihood opportunities from eco-friendly sources. The Department of Science and Technology (DOST), the Technical Education and Skills Development Authority (TESDA), the Department of Trade and Industry (DTI) and the Department of Labor and Employment (DOLE) is hereby enjoined to provide programs wherein livelihood projects shall be implemented for the manufacture and distribution of eco-friendly receptacles made from bayong, water lilies, cloth bags and other environment-friendly materials in replacement to plastic containers and bags. The lead office for this program shall be the City Enterprise Development Center under the METRO PESO. These livelihood projects must be coordinated with the respective barangays in order to help the residents of the City of Naga to earn additional income.
SECTION 13. – Prohibited Acts. Establishments and / or individuals are prohibited from:
(a)Selling and providing plastic bags to customers as secondary packaging materials on wet goods;
(b)Selling and providing plastic bags to customers as packaging material on dry goods;
(c)Selling and providing Styrofoam as containers.
SECTION 14. – Penalties. All establishments who violate any of the prohibited acts stated above shall be punished through the imposition of the following penalties:
First offense: P1,000.00 fine
Second offense : P2,000.00 fine
Third offense: P5,000.00 fine and or imprisonment of not more than 6 months upon the discretion of the court and in the case of business establishments, cancellation of their license to operate for a period of one (1) year.
SECTION 15. – Separability Clause. If any part of this ordinance is declared as unconstitutional or unlawful, such declaration shall not affect the other parts or sections hereof that are not declared unlawful or unconstitutional.
SECTION 16. – Repealing Clause. All previous ordinances inconsistent with this Ordinance shall be deemed repealed or modified accordingly.
SECTION 17. – Effectivity. This Ordinance shall take effect upon its approval from the Sangguniang Panlungsod.
ENACTED :