Ordinance No. 054 S 2017 PDF

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The key takeaways are that the ordinance discusses establishing an Environment Code for the municipality of San Mateo, Rizal. It outlines various principles and guidelines related to environmental protection and management.

The purpose of the ordinance is to provide for the Environment Code of San Mateo, Rizal. It aims to update, integrate and codify existing environmental laws to ensure they are in line with modern standards and provide a reference for implementation and enforcement.

Some of the principles outlined in the ordinance include the right to development, public participation, use of environment-friendly technologies, polluter pays principle, and climate change adaptation and mitigation.

Republic of the Philippines

LOCAL GOVERNMENT OF SAN MATEO


Province of Rizal

OFFICE OF THE SANGGUNIANG BAYAN

EXCERPTS FROM THE ITTINUTES OF 56TH REGULAR SESSIoN oF THE 24TH


SANGGUHIAHG BAYAN OF SAN MATEO, RIZAL HELD ON AUGUST 15, 2017 AT THE
SAHGGUNIANG BAYAN SESSION HALL.

PRESENT:
Hon. Jose Rafael E. Diaz Vice Mayor and Presiding Officer
Hon. Roherto C. San Pedro Councilor
Hon. Jaime RomelM. Roxas Councilor
Hon. Cristeo B. Cruz Councilor
Hon. Joel P. Diaz Councilor
Hon. Ergr. Rogelio J. San Miguel Councilor
Hon, Leo S. Buenviaje Councilor
Hon. Anrin A. Mariano Councilor
Hon. Edilberto C. Angel President, Liga ng mga Barangay

ABSENT:
Hon. liary Grace C. Diaz Councilor

oRDINANCE NO. 054-S-2017

AN ORDIHANCE PROVIDIHG FGR THE ENVIRONMENT CODE OF SAN MATEO, RIZAL.

lntroduced by: Councilor Raberta C. San Pedra

WHEREAS: The protection and promotion of the health, and the right to a clean environment
of its constituency is the primary concem of the Municipality;

WHEREAS: lt is the policy of the Municipality to promote the preservation, protection, and
revival of the ecosystem through prevention, control, and abatement of air, water,
and land pollution and spread of hazardous wastes in the environment, in
harmonization with the sustained development of the Municipality;

WHEREAS: The Sangguniang Bayan, being the legislative body of the Municipality and as
mandated by the Local Government Code of 1991, has enacted and approved
ordinances, in addition to and in adoption of laws passed by the national
government to protect the environment and impose appropriate penalties for acts
which endanger the environment;

WHEREAS: There is a need tc update, integrate, and codify these environmental laws to
ensure that they are in consonance and in keeping with modem standards of
environmental laws, and provide a handy reference and guide for their
implementation and enforcement;

WHEREAS: The Municipal Environmental and Naturat Resources Office, is mandated


specifieally to develop and directly adrninister the Munieipality's Comprehensive
Environmental Protection Program, enforce environmental laws on cleanliness,
sanitation, solid waste management, and other environmental concerns including
air and water pollution control.

NOW THEREFORE' on motion of Councilor Roberto C. San Pedro duly seconded by Councilor
Cristeo B. Cruz and Councilor Rogelio J. San Miguel, BE IT ORDAIHED by the
Sangguniang Bayan of the Local Government of San Mateo in session assembled,
that:
Ordinan ce N a. A il-$-241 7
An ardinance providing for the Environmenl
Code of San Mateo, Rizal.
August 15, 2417
Page 2 ot 54

CHAPTER I
General Provisions

SECTION 1. TITLE - This Code shall be known as the "Environment Code of San Mateo,
Rizal".

sEcTroN 2. STATEMENT OF VISION FOR THE EHVIRONMENT OF SAN MATEO,


RlZAL.The Local Government of San Mateo aims to build a quality community
that is characterized by halanced and heatthful ecology in accord with and
harmony of nature. lt is achieved by espousing sustainable development in
establishing a lifestyle Municipality that provides a consortium of conveniences
for people living andlor working in this area.

SECTIOH 3. OPERATIVE PRINCIPLES.This code is based on the vision, mission, goals, and
objectives of the Municipality to attain sustainable development based on the
following principles:

a. The right to development must be fulfilled to equitably meet developmental


and environmental needs of present and future generations.

b. To achieve sustainable development, environmental proteetion shall constitute


an integral part of the development process and cannot be considered in
isolation from it.

c. Active participation of all residents to attain sustainable development.

d. The use of environment-friendly and appropriate technologies is a foundation


for a healthy and progressive generation.

e. Climate Change is a reality and adaptation and mitigation to its impacts can be
addressed by intensifying preparedness through access, availability, and
provision of accurate information and skills to the people of the Municipality.

f. The polluter shall bear the cost of pollution.

g. The State shall protect and promote the right to health of people and instill
health.

SECTION 4. DEFINITIOI,I OF TERMS.As used in this Ordinance, the following terms shall be
defined as:

1. Air Pollution - refers to any alteration of the physical, chemical, and


biological properties of the atmosphere, or any discharge thereto of any
Iiquid, gaseous, or solid substances that will or is likely to create or to render
the air resources of the Municipality harmful, detrimental, or injurious to public
health, safety, or welfare or which will adversely affect their utilization for
domestic, commercial, industrial, agricultu ral, recreational, or other legitimate
purposes.

2. Ambient Air Quality - refers to the general amount of pollution present in a


broad area and refers to the atmosphere's average purity as distinguished
from discharge measurements taken at the source of pollution.

3. Biodegradable - refers to any material that can be reduced into finer


particles {degraded or decomposedi by microbiological organisms or
enzymes.
Ordinance No.$il-S-ZM7
An ordinance providing far the Ernironment
Gode of San Mateo, Rizal.
August rS, 2017
PageJ of54

4. Bulky Waste - refers to waste materialwhich cannot be appropriately placed


in separate containers because of either its bulky size, $hape, or other
physical attributes. These include large, worn-out, or broken household,
commercial, and industrial items such as, but not limited to, furniture, lamps,
bookcases, filing cabinets, and other related items.

5. Cease and De$ist Order - refers to the ex-pafte Order directing the
discontinuance of the operation resulting in the emission or discharge of
pollutants exceeding the emission standards or whenever such emission or
discharge constitutes imminent threat to human, animal, or plant life, public
health, or public safety. Non-compliance with an undertaking or agreement
submitted to the concerned Office shall likewise be a ground for issuance of a
CDO.

6. CEC -refers to Certificate of Emission Compliance issued by DOTC-LT0


authorized and DT|-arcredited PETC.

7. Cetl - refers to a unit service area where solid wastes are generated in such
volume and bulk as would require special services to collect, transport, and
dispose properly and the volume of wastes generated is equivalent to one
truckload of solid wastes. Depending on the rnethod of waste collection,
Iocation, and proximity of waste generators and the nature of wastes
generated, a cell is classified either as a Main Road Cell, a Single/Multiple
Source Cell or a Barangay Cell.

8. Designated Smoking Area {DSA} - refers to an area of a building or


conveyance where smoking may be allowed, which may be in an open or
separate with proper ventilation subject to the specific standards provided in
this Ordinance.

g. Municipality - refers to the Local Government of San Mateo, Rizal.

10. Collection - refers to the ac't of removing solid wastes from source or from a
communal storage point to be transported properly to the designated disposal
site.

11. Commercial Waste -


refers to organic and inorganic residues coming from
commercial establishments such as malls, hotels, restaurants, spas, and the
like.

12. Compost- decayed organic material for use as soil conditioner or fertilizer.

13. Composting - refers to the controlled decomposition of organic matter such


as food waste, garden waste, animal waste, human waste, by micro-
organism such as bacteria and fungi into humus-like product.

14. Connpression lgnition Engine - refers to an internal combustion engine in


which atomized fueltemperature is raised through compression, resulting in
ignition, e.g. diesel engines.

15. Construction and Demolition Debris -


solid wastes arising from the
construction and demolition of structures such as earth mounds, dilapidated
concretes, pieces of stones, rocks and wood, metal and plastic $craps.

16. DAO - refers to OENR Administrative Order.


O rdi nance N o. 0 il-S-201 7
An ordinance providing for the Etwironment
Code of San Mateo, Rizal.
August t5,2At7

tr:::.:":.._.. w.nwunx
17. Decibel refers to a measure of sound level and is equal to 10x the
-
logarithm of the square of a measured sound pressure level (SPL) divided
by a reference sound pressure.

18. DEHR - refers to the Department of Environment and Natural Resources,

19. Discharge - includes, but not limited to, the act of spilling, leaking, pumping,
pouring, emitting, emptying, releasing, or dumping of any material into a
body of water, or onto land, from which it might flow or drain into said body
of water.

-
20. Disposal refers to the discharge, deposit, dumping, spilling, leaking, or
placing of any solid waste into or in any land.

21. Domestic Sewage - refers to wastewater composed of raw liquid and solid
waste coming from residential and commercial uses, exclusive of industrial
and hazardous waste.

22. Domestic $ludge - refers to solid particle of domestic sewage, which


settles at the bottem of the sedimentation tank and is digested by anaerobic
bacteria, purely from domestic sources, exclusive of industrial and
hazardous waste,

23. Domestic Waste refers to refuse from households which may be


-
classified as biodegradable (compostable) and non-biodegradable (non-
compostable).

24. Dry or Non-Biodegradable Garbage or Waste -refers to post consumer


rnaterials which can be transformed into new product or to another usable
material, or processes and used as a raw material in the manufacture of a
recycled product.

-
25. Dumping refers to any unauthorized or illegal disposal into any body of
water or land, of wastes or toxic or hazardous material. Provided,that it does
not mean the release of effluent coming from commercial, industrial, and
domestic sources which are within the effluent standards;

to. Effluent - refers to the discharges from known source which is passed into
a body of water or land, or wastewater flowing out of a manufacturing plant,
industrial plant including domestic, commercial, and recreationalfacilities.

27. Effluent Standard - refers to any legal restriction or limitation on quantities,


rates, andlor concentrations or any combination thereof, of physical,
chemical, or biological parameters of effluent which a person or point source
can discharge into a body of water or land.

28. Emission - refers to any measurable air contaminant, pollutant, gas stream,
or unwanted sound from a known source which is passed into the
atmosphere.

29. Enforcer - refers to bona fide personnel duly authorized by the Head of the
concerned Office to implement this Code.

30. Environmental Clearance - refers to a clearance issued by the Office


which shall be valid from the date of issuance until December of the same
year and shall be a pre-requisite in the issuance of a Business Permit.
Ordinan ce No. 054-S-20'l 7
An ordinance providing for ilte Environment
Code ofSan Mateo, Rizal.
August 15, 2A17

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31. EnvironmenHl trfianagement - refers to the entire system which includes,


but not limited to conservation, regulation, and minimization of pollution,
clean production, waste management, environment law and policy,
environmental education and information, study and mitigation of the
envlronmental impacts of human activity, and environmental research.

32. EVR - refers to the EnvironmentalViolation Receipt.

Freshwater -
refers to water containing less than 500 ppm dissolved
common salt, sodium chloride, such as that in groundwater, river, pond, and
lakes.

34. Generation - refers to the act or process of producing solid waste.


2t Hazardous Waste - refers to solid waste or combination of solid waste
which, because of its quantity, concentration, or physical, chemical, or
infectious characteristics may:

a. cause, or significantly contribute ta an increase in mortality or an


increase in serious irreversible, or incapacitating reversible illness; or

b. pose a substantial present or potential hazard to human health and the


environment when improperly treated, stored, transported, or disposed
of, or otherwise managed.

36. Healthcare or Medical Waste refers to biomedical waste such as


-
pathological waste, viz. human tissues, organs, body parts, blood or its
components and body fluids, infectious waste sueh as used cotton, gauze,
diapers/napkins, catheters, disposable infected sheets and the like which
were used in isolation areas, operating rooms, delivery rooms, emergency
rooms and laboratory, sharps such as used needles, syringes, scalpels,
broken ampouleslvials and expired or spoiled medicines in any form or
packaging.

-
37. lndustrial waste refers to any solid, semi-solid, or liquid waste material
with no commercial value released by a manufacturing or proce$sing plant
other than excluded material.

38. Junkshop - refers to any establishment or business area in which


"recyclable" is stored.

?o Litter - refers to small pieces of waste or refuse such as candy wrappers,


cigarette butts, tissue papers, fruit and vegetable peelings, and the like.

44. Mature Trees - refers to trees that has reached a size of seven (7) feet.
41. Motor Vehicle - refers to any vehicle propelled by a gasoline engine or by
any means other than human or animal power, constructed and operated
principally for the conveyance of persons or the transportation of goods in a
public highway or street open to public use.

42. Motor Vehicle Registraticn {MVR} - refers to the official recording of motor
vehicle by the Land Transportation office (LTo) subject to the conformanee
of the vehicle to the safety and emission standards provided under Section
21 of Republic Act No. 8749 or the Clean Air Act, including the pre-
evaluation of the documents/requirements pursuant to Section 5 of Republic
A rdin an ce N a. Oil-S.zAi 7
An ordinance providing far the Enviranrnent
Gode of San Mateo, Rizat.
August t5,2A17
Page 6 of 54

Act No. 4136 as amended, othewise known as the Land Transportation Code.

43. Municipal Waste - refers to waste produced from activities within local
government units which include a combination of domestic, commercial,
institutional, and industrialwastes and street litters.

44. Native Trees - refers to trees which are endemic andlor indigenous in the
area.

45. Noise Pellution - refers to the emission of loud, excessive, disturbing,


unhealihy sound amplification beyond human tolerance emanating from
sound amplification devices or equipment andlor other sources of sound
such as, but not limited to commercial, industrial and construction activities,
vehicle exhaust, mufflers; animal noise; and noise produced by human
beings such as loud conversation and laughter, and found to exceed the
normal allowable decibel ratio.

46. Non-Burn Technologies - refers to technologies used for the destruction,


decomposition, or conversion of wastes other than using combustion, and
which comply with at least one of the following conditions:

a. the environment within the destruction chamber is free of oxygen


b. fire is not used within the destruction chamber
c. the source of heat is not fire; or d) a heat-conducting material or medium,
whether of a solid, liquid, gaseous or plasma form is used to destroy the
waste

47. Nuisance - refers to anything that injures health, endangers life, offends the
senses, or produces discomfort to the community.

48. Opacity -
refers to the amount of light obscured by particle pollution in the
atmosphere.

49. Open Public Places - refers to roads, streets, sidewalks, easements,


parks, other open spaces, bridges, alleys, overpasses, rivers, creeks,
canals, drainage, esteros, waterways, and other bodies of water and outlets.

50. Operator -
refers to a person or entity that manages a transport business
but not necessarily a vehicle owner.

51. OVR -refers to the Ordinance Violation Receipt issued to motor vehicles
violating the smoke emission standards set underthis Code.

52. Particulate Matter - refers to any material other than uncombined water
which exists in a finely divided form as a solid or liquid.

53. PoisonousfToxic Fumes - refers to any emission and fumes which do not
conform to internationally-accepted standards, including but not limited to,
World Health Organ ization (WHO)-g uideli ne values.

54. Pollutant -
refers to any substance, whether solid, liquid, gaseous, or
radioactive, which directly or indirectly:

a. alters the quality of any segment of the receiving body of water to affect
or tend to affect adversely any beneficial use thereof;
b. is hazardous or potentially hazardous to health;
Ordinance No. 0il-S-201 7
An ordinance providing for the Environment
Code ofSan ldateo, Rizal,
August 15, 2Al7
PageT of 54

c. imparts objectionable odor, temperature change, or physical, chemical,


biological change io any segment of the body of water, or
d. is more than the allowable limit or concentrations or quality standards
specified, or in contravention of the condition, limitation, or restriction
prescribed under RA 9275;

55. Post-Consumer Materials -refers only to those materials or products


generated by a business or consumer which have served their intended end
use, and which have been separated or diverted from solid waste for being
collected, processed, and used as a raw material in the manufacturing of
recycled product, excluding materials and by-products generated from, and
commonly used within an original manufacturing such as millscrap.

56. Puhlic Places - refer to enclosed or confined areas of all hospitals, medical
clinics, schools, public transportation terminals and offices, and buildings
such as private and public offices, recreational places, shopping malls,
movie houses, hotels, restaurants, and the like where people generally
eome and go.

57. Recyclable - refers to discarded material or old iron or other metal or


substance, glass, paper, machine parts, accessories, machinery or
machines discarded in whole or in part.

58. Recycling -refers to any process by which solid waste materials are
transformed into new products in such a manner that the original products
may lose their identity, and which may be used as raw material to produce
other goods or services.

59. Reuse - refers to the process of recovering materials intended for the same
or different purpose without the alteration of physical and chemical
characteristics,

60. Scum - refers to part of sewage that floats.


61. Segregation - refers to a solid waste management practice of separating
varied materials found in solid waste to promote recycling and re-use of
resources and to reduce the volume of waste for collection and disposal.

62. $eptage- refers to the combination of scum, sludge, and liquid from
household septic tanks.

63. Septic Tank - refers to a water-tight receptacle which received the


discharge of the plumbing system or part thereof, and is designed to
accomplish the sedimentation and digestion of the organic matter in the
sewage within the period of detentionlretention.

64. Sewage - refers to water-borne human or animal wa$tes, excluding oil or oil
wastes removed from residences, buildings, institutions, industrial, and
commercial establishments together with such groundwater, surface water,
and siorm water as maybe present including such waste from vessel,
offshore structures, other receptacles intended to receive or retain, wastes,
or other places, or the combination thereof.

65. Sewerage - refers any system or network of pipelines, ditches, channels, or


conduits, including pumping stations, lift stations, and force mains, service
connectians, including other constructions, devices, and appliances
Ordinance No. 0#s,-2017
An ordinanee providing for {te Environment
Code ofSan Mateo, Rizal,
August 15, 2017

'.::::!:-..-* w*..,E^nx

appurtenant thereto, which involves the collection, transport, pumping, and


treatment of sewage to a point of disposal.

66. Sludge - refers to any solid, semi-solid, or liquid waste or residue generated
from a wastewater treatment plant, water supply treatment plant, or water-
control pollution facility, or any other such waste having similar
characteristies and effects.

67. Smoke Opacity Meter or Opacimeter- refers to an instrument which


determines the smoke opacity in exhaust gases emitted by the engine
system.

68. Solid Waste - refers to all refuse arising from human, animal and industrial
activities that are normally solid in nature and discarded or thrown away as
useless andlor unwanted. They are normally classified into degradable
(biodegradabtre) and non-degradable (recyclablelre-usable) and
characterized into diverse types, i.e. garbage, rubbish, junk vehicles and
appliances, industrial and special waste and generated from residential,
market, ccmmercial (malls, restaurants, hotels, etc.) street sweepings,
construction and demolition debris.

Solid Waste Management - refers 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.

70. Special Waste - refers to household hazardous wastes such as paints,


thinners, household batteries, fluorescent lamps, Iead-acid batteries, spray
canisters, and the like. These include waste from residentialand commercial
sources that comprise bulky wastes including construction and demolition
debris, consumer electronics, white goods, yard wastes that are collected
separately, oil, and used tires. These wastes are usually handled separately
from other residential and commercialwaste.

71. Stationary Source - refers to any building or fixed structure, facility, or


installation that emits or may emit any air pollutant.

72. STP * refers to sewage treatment plant.

73. Wastewater- refers to waste in liquid state containing pollutants.

74. Wastewater Treatment - refers to any method, technique, or process


designed to alter the physical, chemical, or biological character or
composition of any waste or wastewater to reduce or prevent pollution.

75. Water Body - refers to both natural and man-made bodies of fresh,
brackish, and saline waters, and includes, but not limited to, aquifers,
groundwater, springs, creeks, streams, rivers, ponds, Iagoons, water
reservoirs, lakes, bays, estuarine, coastal and marine waters. Water bodies
do not refer to those constructed, developed and used purposely as water
treatment facilities andlor water storage for recycling and reuse, which are
integralto the process industry or manufacturing.
O rdinance N o. 0 il-S-ZAI 7
An ordinance providing for the Erwironment
Code of San lllateo, Rizal.
Augusf t5,2A17
Fage 9 of 5zl

76. Water Pollution - refers to any alGration of the physical, chemical or


biological or radiological properties of a water body resulting in the
impairment of its purity or quality.

77. WWTF - refers to wastewater treatment facility.

78. Yard Waste - refers to wood, small, or chipped branches, leaves, grass
clippings, garden debris, vegetable residue that is recognizable as part of a
plant or vegetable.

SECTION 5. GENERAL RULES ON STATUTORY CONSTRUCTION.In construing any


provision of this Code, the following rules of construction shall be observed
unless inconsistent with the manifest intent of the said provisions.

a. UUords and Phrases. Words and phrases shall be construed and understood
according to their common and approved usages. Words and phrases which
may require a technical, peculiar, and appropriate meaning under this Code
shall be construed and understood according to such technical, peculiar, or
appropriate meaning.

b. Gender and Number. Every word in the Code importing the rnasculine
gender shall extend and apply to both male and female. Every word importing
the singular number shall extend and apply to several persons or things as
well. Every word importing the plural number shall extend and apply to one
person orthing as well.

c. Computation of Time. The time within an act is to be done as provided in this


Code in any rule or regulation issued pursuant thereto, when expressed in
days, shall be computed by excluding the first day and including the last day.

d. lnterpretation of Conflicting Provisions. lf the provisions of this Code


conffict with each other, the Sectian which affords greater protection to the
environment shall prevail.

e. lnterpretation in Favor of Environmental Protection. All doubts in the


implementation and interpretation of the provisions of this Code including its
implementing rules and regulations shall be resolved in favor of environmental
protection.

CHAPTER II
The Municipal Environmentaland Natural Resources Office

SECTION 1. MENRO The Municipal Environmental and Natural Resources Office,


hereinafter known as "Office"for brevity, is mandated to develop and implement
Municipality's Comprehensive Environmental Protection Program as provided in
this Environmental Code,

SECTION 2. RESPONSIBILITIES -
OF THE OFFICE The Office shall develop and directly
administer a Comprehensive Environmental Protection Prcgram, which shall
specifically cover a garbage collection systern and pollution control. lt shall:

a. Maintain and operate a garbage collection and disposal system which


conforms to the requirements of RA 8749, RA 9003, and RA 9275.

b. Enforce all laws, regulations, and policies pertaining to environmental


management and pollution control.
Ardinance No. 0il-S-201 7
An ordinance providing for the Environment
Code of San Mateo, Rizal.
August 15, 2Al7
Page 1A of 54

c. lnstitute a standard monitoring system in the delivery of garbage collection


services in the Municipality.

d. Formulate civic consdousness programs geared towards environmental


sanitation (e.g. cleanliness, proper waste disposal, and waste to be
implemented in coordination with the barangays and Non-Government
Organizations).

e. Establish linkages and coordinate with proper offices of the Local Government
and other national and local government agencies for the promoiion of
environmental management programs and projects in $an Mateo, Rizal.

f. Maintain and operate a comprehensive pollution control program to include


anti-smoke belching and industrial pollution control.

g. Undertake continuing siudies and researches on environmental rnanagement


with the end in view of adopting modern concepts and technologies that may
be adopted by the Municipality in the light of existing conditions and
regulations.

SECTION 3. ORGANIZATIONAL STRUCTURE -The Office shall be composed of three


divisions with the following specific duties, functions, and responsibilities:

a, Solid Waste Manaqement Division

1. lmplement and supervise garbage collection, transport, and disposal in the


Municipality.

2. Control, supervise, and develop garbage collection, transport, and disposal


operations including its personnel, equipment for collection, and facilities for
disposal.

3. Execute policies, laws, rules, regulations, and ordinance relative to solid


waste management.

4. Establish and maintain a monitoring system that will ensure the proper
implementation of the garbage collection and disposal in the Municipality.

5. lmplement systems and new technologies on garbage collection and


disposal.

6. lmplement a reporting system to consolidate and collate data related to


garbage collection and disposal to be used as basis for evaluation and
assessment of day to day operations.

7. Conduct special cleaning operations to complement the regular garbage


collection such as street sweeping and rivenarays eleaning.

8. Conduct lnformation, Education, and Communication Campaign on proper


solid waste management.

9. Perform such other related functions as may be assigned.


Ordinan ce N o. Oil-8-201 7
An ordinance providing for the Environment
Code ofSan Mateo, Rizal.
August 15, 2417
Pagell of54

b. Pollution Control Division

1. lmplement and enforce laws, rules, regulations, and ordinances on the


prevention, control, and abatement of air, water, and noise pollution to
protect the health and welfare of the people.

2. lmplement and enforce laws, rules, and regulations, and ordinances on


industrial pollution to ensure that all industries located in the Municipality
are within the standards set forth by national regulatory agencies.

3. lssue Pollution Environmental Clearance to business establishments who


have complied with pollution standards.

4. Establish linkages and coordinate with other agencies relative to the


implementation of pollution control program.

5. Conduct lnformation, Education, and Communication Campaign on the


prevention, control, and abatement of pollution.

6. Perform such other related functions as may be assigned.

c, Plans and Programs Develonment Division

1. Conduct researches and feasibility studies regarding an effective and


efficient environmental management system.

2. Provide an efficient and economic service relative to personnel supplies


and mobility requirements.

3. Take charge of recruitment and screening of applicants and facilitate final


interviews, placements, and orientations of the same.

4. Coordinate with the Personnel Department with regards to personnel


recruitment and hiring, preparation of appointment papers, personnel
action welfare, training personnel movements, and organization
developments.

5. Develop, undertake, and manage on a pilot basis projects found to be


feasible with the objective of replicating the same in all barangays in San
Mateo, Rizal.

6. Take full responsibility in monitoring divisions of the Office with the end in
view of assessing and evaluating accomplishments relative to
programmed targets and outputs.

7. Shall be responsible in for the preparation, planning system study, and


operational analyses of all systems and procedures.

8. $hall be responsible for the collection and analysis of data and information
related to environmental management with the end in view of establishing
a data bank for San Mateo, Rizal.

9. lmplement environment related projects in selected pilot areas in San


Mateo, Rizal.

10. Conduct lnformation, Education, and Communication Campaign on


environmental management.
Ardinance No. Oil-$2417
An ordinance praviding for the Environment
Code of San Matea, Rizal.
August 15,2417
Page '12 of 54

1 1. Develop alternative system or technology on environmental management.

12. Prepare and submit annual requirement programs to the procurement


office and coordinate with the latter on the implementation of the program

13. Prepare accomplishment report of the office.

14. Coordinate with the General Services Department for the allocation of
supplies on stock, janitorial, and mobility requirement functions of the
office.

15. Take charge of the record management function of the office.

16. Coordinate with the Central Records Office regarding record retention and
disposal, routing, and messenger requirements and records preservation.

17. Prepare the budgets of the office.

18. Coordinate with the Budget Office for the processing and approval of the
Office's budget.

19. Perform such other related functions as may be assigned.

SECTION 4. AUTHORITY OF THE HEAD OF MENRO

a. The Head of the Office shall have the authority, duties, and responsibilities to
implement any or all part of the provision of this Code.

b. The Head of the Office shall have the power to delegate such authority,
duties, and responsibilities to any bona ftde employee or any authorized
representative of the Office; Provided,that the delegation of authority is
subject to issuance of Mission Order, Office Order, or similar order of
assignment.

c. In the interest of public safety and health, the Head of the Office can issue a
Cease and Desist Order (CDO) for the pollution source as may be deemed
necessary.

sEcTroN 5. AUTHORITY OF THE OFFICE PERSONNEL -Upon the authority of the Head of
Office, personnel of the Office conducting fieldwork such as, but not limited to,
Environmental Enforcers, Environment Police, lndustrial lnspectors, Project
Development Officers, Project Coordinators, and Monitcrs, shall administer
envirohmental functions in areas under their jurisdiction and assignment, and
enforce the provisions of this Code and the rules and regulations promulgated by
the Head of Office under this Code.

SECTION 6. THE RIGHT OF ENTRY AND AUTHORITY TO INSPECT AND MONITOR - Any
authorized representative of the Office shall, after properly announcing the
purpose of his visit through the presentation of the mission order, have the
authority to enter, inspect, investigate, verify, monitor, or take pictures at any time
during operating hours, any building or premises, or part thereof that may contain
noxious or foul odor, liquid andior chemical pollutants, solid waste and such other
pollutants, hazardous and ozone-depleting substances, or any other pollutants,
or noise pollutants coming from business establishments operating as videoke
and karaoke bars, disco houses, live bands and/ or similar establishment, and
other sources and/or potential sources of pollution or emission.
Ordinance No. 0il-S-2017
An ordinance providing for the Etwironment
Code of San Mateo, Nzal.
August rS, 2417
Page 13 cf 54

SECTION 7. INTERFERENCE AND FALSE REPRESENTATEil - lt shall be unlawful for


any person to resist or in any way interfere with any officer, employee, or
authorized representative of the Office in the performance of his duty, or who
shall impersonate or falsely represent any officer, employee, or authorized
representative of the Office, or wear without authority any uniform, badge, or
insignia adopted by the Office, or who shall deface, change or alter, falsify,
remove, or destroy any notice, poster, or making placed in or on any building,
premises, or part thereof, or any per$on in charge of any building, premises, or
place, or part thereof, who shall knowingly permit or allow the same to be done.

SECTION 8. ADMINISTRATIVE PROCEDURE ANB IMPOSABLE ADMIN|STRATIVE FINES


-Any person who violates the provisions of Sectian 6 hereof shatl be issued an
Environmental Violation Receipt (EVR) by the duly-authorized Ofiice personnel
and informing them of the nature of infringement committed with corresponding
administrative fines to be paid. lf the violator is a corporation or other corporate
entities, the president, manager, or person responsible for its operation shall be
held liable.

I m posable Administrative Fines:

a. 1"t Offense - An Administrative Fine of One Thousand Five Pesos


(Php1,000.00) and lssuance of Written Warning.

b. 2ndOffense - An Administrative Fine of Two Thousand Pesos {Php2,000.00)


and recommendation for the issuance of a Cease and Desist Order to the
BPLO.

c. 3'd Offense - An Administrative Fine of Two Thousand Five Hundred Pesos


(Php2,500.00) and warning for issuance of Closure Order.

SECTION g. FINES AND PENALTIES ON INTERFERENCE AND


FALSE
REPRESENTATION -Any person found violating Section 7 shall, upon conviction,
be punished with a fine of not less than One Thousand Five Hundred Pesos
(Phpl,500.00) or
not more than Two Thousand Five Hundred Pesos
(Php2,500.00) or imprisonment of one (1) day but not more than seven (7) days,
or both, upon the discretion of the Court. ln cases of false representation and
usurpation of authority, the offender shall be punished with a fine of not less than
Two Thousand Five HundredPesos {Php2,500.00) or an imprisonment of six {6)
months and one (1) day in its minimum period, but not exceeding one (1) year of
imprisonment, or both, at the discretion of the Court.

B."di,:xfi;ffij[****,
SECTION 1. UHAUTHORIZED CUTTING OF TREES -lt shall be unlawful to cut or uproot
matured trees along roads, highways, parks, riverways, and other deelared public
and private places. Removal of trees can be done through earth-balling or
cutting. When establishing infrastructure projects, removal of trees shall be
considered the last option. However, there are conditions when removal or
cutting of trees may be allowed based on the following;

a. Any over-mature, diseased, or defective tree posing hazards to lives and


properties.
Ordinan ce N o. 0il-5.201 7
An ordinance providing far the Environment
Code of San Mateo, Rizal-
August 15,20'17

r,v::y.- -*-----..-E.---x
b. Any tree or other vegetation in public and private places unavoidably affected
by infrastructure projects, such as road widening, bridges, building
construction, government projects, such as road expansion and widening, are
on-going, or when such trees pose imminent danger to the public, and shall
be covered by a valid clearance from the MENRO, duly approved by the
Municipal Mayor.

Any tree and other vegetation may be allowed to be cut if earth-balling of


such tree and other vegetation is impractical as assessed by MENRO. Before
earth-balling of treels there shall be a suitable and available site for the
transplanting of earth-balled trees or vegetation to guarantee its continuous
growth and survival. Earth-balled trees shall be protected and taken cared of
for a period of at least a year. For every transplanted tree that did not survive
after six (6) months, it shall be replaced with sapling of indigenous tree.

d. lf there shall be cuttinglballing of trees, a Permit to Cut Clearance shall be


secured from MENRO. The requesting party shall provide the following
requirements: letter request; photos of trees to be removed; and sketch map
showing the location of the tree/s to be removed.

Diameter Classes of
Required No. of Sapling
Replacements per Tree to be
Treels to be removed
removed
Less than 3 cm, 1 0 pcs.
3-9 cm. 20 pcs.
10-19 cm. 30 pcs.
20-29 cm. 40 pcs.
30 cm. and above 50 pcs.

"af leasf I metertall{sapting)


SECTION 2. TREE PLANTING -
As part of the Municipality's Greening Program towards a
healthful, bio-diversified, cleaner, and greener environment, all individuals, Non-
Government Organizations (NGOs), oiher institutionslorganizations, public and
private sectors, are encouraged to plant, protect, and maintain trees and other
vegetation within their respective areas of within their respective areas of
ju*sdiction. Adaptable and suitable species of nativelindigenous trees, fruit
bearing trees, and ornamental plants, or shrubs shall be planted along open
spaceg, parks, creek sides/riverbanks, as approved and determined by MENRO.

The following shall plant trees in accordance with the provisions of P.D g53;

a. Every person who owns land adjoining an existing river or creek, shall plant
trees extending at least five meters on his Iand adjoining the edge of the bank
of the river or creek.

b. Every owner of an existing subdivision shall plant trees in the open spaces
required to be reserved for the common use and enjoyment of the owners of
the lots therein as well as along the roads and service streets.

Only small trees shall be planted on road sides and front yards to avoid the
electrical wirings. Big trees and fruit-bearing trees shall be planted at bigger open
spaces or inner part of the residential properties to avoid untoward arcidents.
Ordinance No. 0il-5.2A17
An ordinance praviding for the Environment
Code ofSan Mateo, Rizal.
August 15,2A17
Page 15 of 54

SECTION 3. At the Barangay level, all Barangay Officials and school authorities including
officers and members of Parents and Teachers Association (PTA) in coordination
with MENRO shall be the prime movers in pursuing the objective of celebration
by implementing tree planting projects and giving instructions and guidance to
schoollchildren-participants, and infusing in their minds the significance and
importance of planting trees to one's environment.

SECTION 4. PROHIBITION ON CUTTING OF TREES - To preserve and enhance the growth


of trees already existing and/or planted in accordance with two preceding
Sestions, the cutting of trees and its branches shall be prohibited unless
otherwise authorized to do so. The authority contemplated herein shall be issued
by MENRO upon written requests of the interested person for laudable reason$,
except when public safety and order is affected.

SECTION 5. EARTH BALLING PROCEDURE. ln cases of development project, all


contractors and developers is hereby required to adopt the Earth-Balling
Procedure instead of cutting down of trees in establishing development projects
in San Mateo, Rizal pursuant to Ordinance No. 2015-S-2A17.

SECTION 6. PENALTIES {a) Any person who violates Sections and hereof 1
(CuttinglBalling Trees) shall, upon conviction, be punished with a fine of not less
than Two Thousand Pesos {Php2,000.00} and not more than Two Thousand Five
Hundred Pesos (Php2,500.00) confiscation of the cut trees, cutting equipment
and tools, or with imprisonment of not less than six (6) months nor more than one
(1) year or both, ai the discretion of the Court.

(b) Those found guilty under paragraph (a) of this section shall likewise be
required to grow a tree, ten times the number of trees cut in a place determined
by MENRO.

(c) Any person, contractors and developers who violates Section 5 shall not
comply with any provision of this Ordinance shall be subjected to a fine of Two
Thousand Five Hundred Pesos (Php2,500.00) and revocation of development
permit.

SECTION 7. ENDANGERED AND Exorlc SPECIES lt shall be untawfut to seil


endangered and exotic species in malls or any establishments as pets. ln the
same manner, it shall likewise be unlawful to sell such endangered exotic
species in restaurants asfood. Such practice of selling shall only be allowed for
specific breeding or propagation purposes in accordance with Section 6 of RA
9147 - Provided, that, only accredited individuals, business, research,
educational, or scientific entities shall be allowed to collect or sell such species
upon the approval of the Head. The duly deputized personnel of the Office shall
be mandated to conduct inspection of restaurants, malls, and simirar
establishments suspected of selling endangered and exotic species.

sEcTroN 8. IMPOUNDING OF SEIZED SPECIES *Any endangered or exotic species


seized by the authorized Office personnel shall be turned over to the Biodiversity
Management Bureau (BMB) of the DENR for animal custody and confinement.

SECTION 9. FINES AND PEHALTIES FOR VIOLATION OF SECTION 7 - Any person who
violates Section 7 of this Chapter shall, upon convic{ion, be punished with a fine
of not less than Two Thousand Pesos {Php2,000.00) and not more than Two
Thousand Five Hundred Pesos {Php2,500.00) confiscation of the prohibited
endangered and exotic species, or with imprisonment of not less than six (6)
months, or both, at the discretion of the Court.
Ordinance Nc. Ag-S-201 7
An ardinance providing for the Enviranment
Code of San Matea, Rizal.
August 15,2017
Page 16 of 54

CHAPTER IV
Solid Waste Management

SECTION {, THE OFFICE SHALL UNDERTAKE, ON A MUNICIPAL-WIDE SCALE, THE


FOLLOIIVING:

a. Efficient collection and transport of solid waste$ from various sources by


providing separate collection schedules and separate dump trucks for
biodegradable and non-biodegradable wastes following specific routes and
using standardized collection trucks and equipment.

b. Disposal of collected solid wastes into the Municipality's designated disposal


facility.

c. Conduct of street sweeping along the Municipality's main thoroughfares and


other litter-prone areas.

d. Conduct of lnformation, Education, and Communication (lEC) campaign on


proper solid waste management.

e. Monitoring ofgarbage collection operations for evaluation and further


improvement olthe current system.

t. Enforcement of environmental laws and ordinances.


SECTIOH 2. OIIIINERS, LESSEES, TENANTS, OCCUPANTS OF RESIDENTIAL HOUSES,
COMMERCIAL ESTABLISHMENTS, BUILDINGS AND OTHER ENTITIES IN
THIS MUI.IICIPALITY ARE HEREBY REQUIRED TO MAINTAIN CLEAN AND
SANITARY FRONTAGE AND SURROUNDING OF THEIR RESIDENCES,
COMMERCIAL ESTABLISHMEHTS, BUILDINGS AND OTHER SIMILAR
STRUCTURES.AII owners, lessees, tenants, occupants of residential houses,
commercial establishments, buildings and other entities in this Municipality are
hereby required to maintain clean and sanitary frontage and surrounding of their
residences, commerdal establishments, buildings and other similar structures
pursuant to Ordinance No. 018-5-2017.

1"t Offense - Waming and cleaning of their surrounding and premises

Second Offense: Fine of Five Hundred Pesos (Php500.00i

Third Offense and Subsequent Offense: Fine of One Thousand Pesos


{Php1,000.00} or by imprisonment of not less than three (3) days but not more
than fifteen (15) days or it depends on the discretion of the court.

SECTION 3. MANDATING ALL THE OWNERS OR DEVELOPERS OF VACANT AND/OR


IDLE LOTS TO MAINTAIN ITS GLEANLINESS ALWAYS,Pursuant to
Ordinance No. 022-5-2017, the responsibility of the owners or developers of
vacant and/or idle lands are the following:

a. The owners or developers of the vacant and/or idle lots shall be primarily
responsible in maintaining its cleanliness.

b. The owners or developers of the vacant andlor idle lots shall be primarily
responsible in securing the lot from being a garbage dumping area.

c. lf the owners or developers of the vacant andlor idle lots failed to comply with
this provision, the Municipal Government shall undertake the necessary
Ardinance Na. 0il-S-2017
An ordinance providing far the Environment
Code ofSan Matea, Rizal.
August t5,2017
Page'17 of 54

cleaning operations at the expense of the owners or developers of the vacant


and/or idle lots.

d. The Municipal Government and the barangays, with the consent of the owners
or developers, may utilize the yacant and/or idle lots as area for the
implementation of environment-related projects or food securing programs for
the immediate community.

Any landowner who fails to utilize, maintain cleanliness andproductivity of


such idle land shall pay a fine of Two Thousand Five Hundred Pesos
iPhp2,500.00) andlor imprisonment of not less thanfifteen (15) days but
not more than thirty {30) days upon the discretionof court.

SECTION 4. MANDATING ALL THE HOUSEHOLDS, GOMMERCIAL AND BUSINESS


ESTABLISHMENTS, INDUSTRIES, AND INSTITUTIONS TO SEGREGATE
DOMESTIC WASTE AT SOURCE AND PROVIDE ADEQUATE, SUFFICIENT,
AHD COVERED $EGREGATION GARBAGE BINS INSIDE THEIR PROPERTY
LINE.

a. The household owners, lessee, managers, operators, and head of the


commercial and business establishments, industries, and institutions shall
segregate their domestic wastes at source into biodegradable, non-
biodegradable residual, and non-biodegradable recyclables.

b. The household owners, lessee, managers, operators, and head of the


commercial and business establishments, industries, and institutions shall
provide separate garbage bins for domestic biodegradable, non-biodegradable
resid ual, and non-biodeg radable recyclables.

c. For residential units with five (5) or more lessees, the owner of the residential
unit is required to provide proper garbage storage area for domestic
biodegradable, non-biodegradable residual, and
non-biodegradable
recyclables.

d. Segregated garbage bins and storage area of the commercial and business
establishments, industries, and institutions, depending on its use, shall be
properly marked or identified for on-site collection.

e. Only segregated domestic biodegradable and non-biodegradable residual


shall be collected by the municipality-contracted, municipality-accredited
andlor barangay-owned dump truck with Permit to Collect, Transport, and
Dump Solid Waste issued by the Office.

f. The household owners, lessee, managers, operators, and head of the


commercial and business establishments, industries, and institutions shall set
out their domestic biodegradable and non-biodegradable residual, in front of
their property line for disposal only upon the arrival of the municipality-
contrac{ed, municipality-accredited and/or barangay owned dump truck with
Permit to Collect, Transport, and Dump Solid Waste issued by the Office
based on the schedule designated by the Municipal Government. The wastes
rnust be properly packed and tied to avoid scatering and spillage.

g. Domestic non-biodegradable recyclables shall not be collected by the


municipality-contracted dump trucks. The household owners, lessee,
managers, operators, and head of the commercial and business
Ordinance No. 0il-S-ZAl 7
An ordinance providing for the Environment
Code of $an Mateo, Rizal,
August rS, 2017

?::-::: ,.*.e@---.-wx

establishments, industries, and institutions may opt to donate or sell it to the


Barangay's Materials Recovery Facility (MRF).

h. Post-consumer materials shall not be collected by the municipality-contracted


dump trucks. Managers, operators, and head of the commercial and business
establishments, industries, and institutions are required tc hire the services of
private haulers with legitimate business operating in the Municipality.

i. Setting oui and collection of unsegregated wastes is prohibited.


j. Setting out of garbage during non-collection schedule is prohibited.

k. Wastes that are not properly packed and tied shall not be collected.

l. Any person who is not authorized or accredited by the Municipal Government


and/or the barangay is prohibited from collecting domestic biodegradable,
non-biodegradable residual, and non-biodegradable recyclables.

m. Scavenging is prohibited.

Any violation on Sections 44 to 4K shall be punishable as follows:

1. 1"t Offense -One Thousand Pesos (Php1,000.00i


2. 2nd Offense -Two Thousand Pesos (Php2,000.00)
3. 3'd Offense -Two Thousand Five Hundred Pesos (Php2,500.00) and
non-collection of garbage untilfull compliance is attained

Any violation on Sections 4L and 4M shall be punishable as follows:

1. 1=t Offense -One Thousand Pesos (Php1,000.00) or community service


for one (1) day

2. 2nd Offense -Two Thousand Pesos {Php2,000,00) or community service


forthree (3) days.

3. 3'd Offense -Two Thousand Five Hundred Pesos {Php2,500.00) or


community service for five (5) days

SECTION 5. MANDATING ALL THE HOUSEHOLDS, COIUIMERCIAL AND BUSINESS


ESTABLISHMENTS, INDUSTRIES, AND INSTITUTIONS TO SEGREGATE
SPECIAL WASTES LIMITED TO BULKY WASTES, DOMESTIC HOUSEHOLD
HAZARDOUS T'UASTES SUCH AS BUSTED FLUORESCENT LAIT'IPS AI,ID
SPENT BATTERIES, AND ELECTRONIC WASTES

a. Bulky wastes shall be separated from domestic wastes.

b. Collection of dilapidated furniture, broken appliances and old tires shall be


coordinated by the household to the barangay for monitoring and scheduling.

c. Tree cuttings shall be cut into less than one (1) meter in length and bundled
into convenient weight while grass cuttings and other yard wastes shall be
put into sacks for easy handling and collection.

d. Collection and disposal of construction debris is not the responsibility of the


Municipal Government. lt is the responsibility of the owner or contractor hired
for construction.
Ordinanee Na. 0il-S-2017
An ordinance providing for theEtwironment
Code of San Mateo, Rizal.
August 15,2017
Page 19 af 54

e. Household hazardous waste$ such as busted fluorescent lamps and spent


batteries shall also be separated from domestic wastes.

f. Busted fluorescent lamps and spent batteries from the households shall be
brought to the Barangay Materials Recovery Facility for temporary storage
until collection by the Municipal Government.

g. Collection of busted fluorescent lamps, spent batteries, and other toxic and
hazardous wastes frorn commercial and business e$tablishments, industries,
and institutions is not the responsibility of the Municipal Government.

h. Managers, operators, and head of the commercial and business


establishments, industries and institutions are required to hire the services of
DENR-accredited toxic and hazardous wastes treaters for the proper
collection, transpo(, treatment, and disposal of the busted fluorescent lamps,
spent batteries, and other toxic and hazardous wastes.

i. Electronic wastes shall also be separated from domestic wastes.

j Collection of electronic waste is not the responsibility of the Municipal


Government.

k. Electronic wastes shall be brought to recyclables trading activities that are


regularly conducted at selected establishments in San Mateo, Rizal. The
Municipal Government shall regularly inform the barangays about the
schedule of the waste markets for them to inform their residents for public
participation.

I. The Municipal Government shall conduct at least two (2) recyclables trading
activities per year as support to this provision.

Any violation of this provision shall be punishable as follows:

1. l't
Offenss -One Thousand Pesos (Php1,000.00)
2. znd Offense - Two Thousand Pesos (Php2,000.00)
3. 3"' Offense - Two Thousand Five Hundied Pesos (Php2,500.00)

sEcTroH 6. MANDATING THE SUBBIVISION OWNERS AND'OR DEVELOPER$ IN SAN


MATEO, RIZAL TO PROVIDE A SUFFICIEHT SPACE FOR THE
ESTABLI$HT'ilENT OF MATERIALS RECOVERY FACILITY TO STORE
RECYCLABLES AND PROCESS COMPOSTABLE MATERIALS OF THE
HOMEOI#T*ERS

a. For existing subdivisions in San Mateo, Rizal, all owners and/or developers
are mandated to provide a sufficient space for the establishment of Materials
Recovery Facility (MRF) to store recyclables and process compostable
materials of the homeowners.

b. The Homeowners Associations (HOA) shall assign personnelto manage and


operate the MRF.

c. The Office shall provide technical assistance in the operations of the MRF.

d. For subdivision owners andlor developers who are planning to put up a


subdivision or any land development prcjects in San Mateo, Rizal, they shall
incorporate the establishment of an MRF in their subdivision lay-out plan.
Ardi nan ce No. 0 il-9.24 I 7
An ordinance providing for the Enviranment
Code of San Matea, Rizal.
August 15, 2417

trv:::::y-- -.----. .q x
e. The Municipal Government thru the Engineering Depadment and other
concerned Departments, shall ensure that the establishment of MRF is
incorporated in the subdivision lay-out plan prior to approval.

SECTION 7. MANDATING ALL PUBLIC UTILITY VEHICLES PLYING THE STREETS OF


SAN IUIATEO, RIZAL TO PROVIDE GARBAGE RECEPTACLE THAT IS
CONSPICUOUSLY PLACED INSIDE THEIR VEHICLES.

a. All drivers and operators are mandated to provide a garbage receptacle for
biodegradable and non-biodegradable wastes, placed eonspicuously inside
their vehicles for the proper disposal of garbage of their pa$sengers.

b. The receptacle shall be properly labeled with "Dito ltapon ang Basurang
Nabubulok," "Dito ltapon ang Basurang Di-Nabubulok".

Any violation of this provision shall be punishable as follows:

1. I"t Offense - One Thousand Pesos iPhp1,000.00)


2. 2nd Offense - Two Thousand Pesos (Php2,000.00)
3, 3'd Offense - Two Thousand Five Hundred Pesos (Php2,500.00)
SECTION 8. PROHIBITING THE LITTERING AND ILLEGAL DUMPING OF SOLID WASTES
IN ANY PUBLIC OR PRIVATE PLACES INCLUDING VACANT LOTS AND
WATERWAYS

a. lt shall be unlawfulfor any person to litter or illegally dump solid wastes in any
public or private place, including vacant lots and waterways pursuant to
Ordinance No. 2014-014.

b. Any area in San Mateo, Rizal, whether public or private place, that has stored
more than 4 cubic meters of mixed waste is prohibited.

c. The only designated disposal area are DENR-approved sanitary landfills


and/or other environ mentally accepta ble waste d isposal faci ities.
I

d. Any person who shallviolate the Section 8A shall be punishable as follows:

Littering

1. {"t Offense * Five Hundred Pesos (Php500.00)


2. Znd Offense -One Thousand Pesos (Php1,000.00)
3. .3'd Offense -One Thousand Five Hundred Pesos {Php1,500.00)

lllegal Dumping

1. 't"t Offense - One Thousand Pesos (Php1,000.00)


2. znd Ofiense -Two Thousand Pesos (Php2,000.00)
3. 3'd Offense -Two Thousand Five Hundred Pesos (Php2,500.00)
e" Any Corporation, Establishment, lnstitutions or entities who shall violate
Section 8B of this Chapter shall pay a fine of not more than Two Thousand
Five Hundred Pesos (Php2,500.00) or imprisonment of not less than thirty (30)
days but not more than One (1) year or both fines and imprisonment
depending upon the discretion of the court.
Ardinance No. 0il-S-2A17
An ordinance providing tor the Ersriranment
Code of San Matea, Rizat.
August'r5, 2017

tr::::a*---- .w*x

sEcTtoN 9. PROHIBITING THE OPEH BURHING OF SOLID WASTE IN ANY PUBLIC AND
PRIVATE PLACES -No person shall engage in open burning of trash, garbage,
dried leaves, twigs, branches, grass, and solid waste or any refuse within the
territorialjurisdiction of San Mateo, Rizal.

Any violation of this provision shall be punishable as follows:

I't Offense - Five Hundred Pesos (Php500.00) or community service for one
(1) day.

2nd Offense - Two Thousand Pesos {Php2,000.00) or community service for


three {3) days.

3'd Offense -Two Thousand Five Hundred Pesos (Php2,500.00) or


imprisonment of not less than seven {7) days but not more than fifteen (15)
days or both fines and imprisonment depending upon the discretion of the
court.

SECTION 10. PROH|BIT|NG THE URiNAT|NG, SptTTtNG, "SINGA," ANB DEFECATTNG tN


-
ANY PUBLIC PLACES lt shall be unlawful for any person to urinate, spit, or
defecate in any public places.

Any violation of this provision shall be punishable as follows:

I"t Offense -Five Hundred Pesos (Php500.00) or community service for one
(1) day.
2'd Offense -One Thousand Five Hundred Pesos (Phpl,500.00i or
community service for three (3) days.
3'd Offense -Two Thousand Five Hundred Pesos (Php2,500.00) or
community sen/ice for five (5) days

SECTION {T. JUNKSHOP ltllORATORlUM.At the end af Zlfi alljunkshop within the territorial
jurisdiction of San Mateo, Rizal shall be closed pursuant to Ordinance 2014-026.

sEcTroN 14. MANDATING ALL BUSINESS ESTABLISHMENTS U$ING FLASTIC BAGS IN


THEIR BUSINE$S TRANSACTIOHS TO DISPLAY CONSPICUOSLY IH THEIR
STORES THE EHVIRONMEHT FRIENDLY NOTICE "SAVE THE
ENVIRONMEHT, BRING YOUR OTI}IN RECYCLABLE'REUSABLE BAG" AND
REGULATING THE USE OF PLASTIC BAGS AIIID ESTABLISHIHG A
PLASTIC RECOVERY SYSTEM FEE

a. All'business establishments using plastic bags in their business transactions


should display conspicuously in their stores, especiatly in the transaction
counter, the environment friendly notice "SAVE THE ENVIRONMENT,
BRING YOUR OWN RECYCLABLETREUSABLE BAGS'N.

b. Distribution of plastic bags by Relevant Retailers lower than the regulated


thickness of 15 microns is prohibited.

c. To ensure the recovery of ptastic bags from the waste stream, consumers
who will not bring with them "reusable bags" andior redeem "used plastic
bags" for a new plastic bag, shall be charged with a "plastic recovery system
fee". Said fee shall be indicated in the customer's transaction receipt as a
reminder that they can save money if they use reusable bags and/or if they
bring used plastic bags in exchange for a new plastic bag.
Ordinance No. 0il-S-2017
An ordinance providing for the Environment
Code ofSan Mateo, Rizal.
August 15, 2417

d. Stall ownersilessees in wet and dry markets will not be allowed to directty
distribute plastic carryout bags with handles, holes or string usually made
from HDPE, LDPE/LLDPE, and PP plastic materials.

e. Plastic bags with no handles, holes, or strings commonly used for wrapping
unpacked fresh foods and cooked foods at supermad<ets, wet and dry
markets, restaurants, canteen$, and the like shall not be included under the
scheme as the usage of such plastic bag is justified on the grounds of public
hygiene.

t. All Shopping Malls, Supermarkets, Department Stores, Grocery Stores, Fast


Food Chains, Drug Stores, and Pharmacies shall charge and collect a fix
amount of Two Pesos iPhp2.00) per plastic bag regardless its size.

g. The Plastic Recovery System Fee shall be earmarked for a "green fund" that
shall be maintained by the stores to fund other initiatives that would benefit
the environment. These initiatives must be implemented within the jurisdiction
of San Mateo, Rizalonly.

h. All Shopping Malls, Supermarkets, Department Stores, Grocery Stores, Fast


Food Chains, Drug Stores, Pharmacies, and Wet and Dry Markets shall
provide the following reusable bags as carryout bags to be purchased by the
consumer for a minimum fee. lt will be made available in the respective
checkout counters of the stores, purposely for multiple re-use and to reduce
the use of plastic bags as carryout bag. Appropriate sizes and design may be
provided for the purpose:

1. "Reusable Shopping Bag" * reusable bag to be used for shopping and


buying groceries. Applicable for shopping rnalls, supermarkets, and
grocery stores.

2. "Take-out Bag" * reusable bag to be used for carrying food and drinks for
two or more persons, applicable for fast food chains.

3. -
"Agora Bag" reusable bag to be used in carrying goods from wet and
dry markets such as meat, fish, vegetables, fruits, and other goods. The
market management may assign an area within the market where this
bag can be purchased.

4. "Medicine Bag" -
reusable bag or medicine kit appropriate to carry smatl
quantity of medicines suchas tablets and capsules, botiled
syrupslsuspensions, and the like. Applicable for drugstores and
.pharmacy.

lncentives for using "Reusable Bags" andlor the Redemption of Used plastic
Bags - To mainstream the use of reusable bags as well as encourage the
redemption of used plastic bags, stores are hereby instructed to formulate
appropriate incentives to consumers, which may include, but not limited to the
following:

1. .Point
System Scheme" - For those stores implementing the point system
scheme to their regular customers, additional points may be given to
those who are using "reusable shopping bag" and/or redeeming "r.rsed
plastic bags'.

2. "Green Lane" - All stores shall provide special counters or express lanes
to be called a$ "green lane" to cater to customers using reusable bags
trf#;::#? :,tr:;;l'{o, *. E nv ir on m e nt
Code ofSan Mateo, Rizal.

ffi#tr* -
and/or those redeeming used plastic bags to encourage greater number
x

of stakeholders in the observance of this provision of the Code. This will


also serve as an information and advocacy measure in caring for the
environment.

j. Plastic Bag Recovery and Recycling Mechanism

1. Relevant Recyclers - The Office shall provide a list of relevant recyclers


that will buy used plastic bags. All plastic bags accumulated by stores
shall be directly sold to the recyclers of their choice.

2. -
Recyclables Trading Activity at Establishments The stores may also
bring their accumulated used plastic bags to the waste markets provided
by the Office.

k. All Establishments are likewise directed to implement their own recyclables


trading activity in their respective areas to ensure that there will be enough
venues where used plastic bags as well as other recyclable materials may be
redeemed. The Department may also designate additional venue for the
recyclables trading activities or may alter existing schedules for advancement
purposes.

l. Any establishment who violates this provision shall be charged of an


infraction and shallbe penalized by:

1. 1't Offense -Two Thousand Five Hundred Pesos {Php2,500.00)


2. znd Offense and subsequent offense -Two Thousand Five Hundred
Pesos (Php2,500.00) and cancellation of Business Permit

SECTION 15. PROHIBITING THE USE OF PLASTIC BAGS AND STYRO IN ALL
GOVERNMENT INSTITUTIONS IN SAN MATEO, RIZAL, INCLUDING ALL
MUNICIPALITY.OWNED FACILITIES LIKE THE MUNICIPAL HALL, HEALTH
CENTERS, BARAHGAY HALLS, PUBLIC SCHOOLS, AND OTHER SIMILAR
FACILITIES

a. The use of plastic bags and polystyrene materials, commonly known as styro,
in all Municipality-owned facilities is prohibited.

b. Concessionaires and vendors are prohibited to utilize, offer and/or sell plastic
bags and styro as primary and secondary packaging materialfor dry goods.

c. Concessionaires and vendors selling wet goods can use plastic bags as
primary packaging only for hygienic purposes.

d. Concessionaires and vendors are prohibited to utilize plastic bags and styro
as packaging container for food and drinks whether as primary or secondary
packaging.

e. Bringing andlor using plastic bags and/or styro by employees, students,


clients, and visitors are prohibited in all Municipality-owned facilities.

f. Serving of food and drinks by any employee utilizing plastic bags andlor styro
during meetings, conferences, orientations, seminars, and other ac;tivities is
proh ibited in all M u nici pality-owned faci lities.

g. Fines and Penalties:


Ardinance Na. O#5.2A17
An ordinance providing for the Environment
Code of San Mateo, Rizal.
August rS, 2417
Page 21 of 54

For concessionaires and ambulant vendors in all Municipality-owned facilities:

1. {"t Offense - Five Hundred Pesos (Php500.00)


2. 2nd Offense - One Thousand Pesos {Php1,000.00)
3. 3'd Offense - Two Thousand Pesos {Php2,000.00) and cance}lation of their
businessloperatin g perm it

For employees and personnel of all Municipality-owned facilities:

l"toffense -lndividualwarning from the Personnel Office


znd Offense - Warning from the Office and from the employee's
DepartmenUoffice Head
3'd Offense -Two Thousand Pesos iPhp2,000.00i and reprimand from the
employee's DepartmenU0ffice Head and Municipal Mayor

For visitors and clients of all Municipality-owned facilities:

I't Offense -Waming from the Mayot's Office


2nd Offense - Five Hundred Pesos (Php500.00)
3rd Offense - One Thousand Pesos (Php1,000.00)

SECTION T6, GRANTING INCENTIVES TO BARANGAYS WITH BEST SOLID IIUASTE


MANAGEMENT PRACTIGE -An incentive scheme shall be devised by the Office
for barangays with beet solid waste management practice, subject to specific
guidelines set forth in the lmplementing Rules and Regulations of this Code,
following the budgeting, accounting, and auditing procedures of Government.

SEGTIOH T7. GRANTING INCEHTIVES TO BARANGAYS UTILIZING BARANGAY.OWHED


DUMP TRUCK FOR SOLID WASTE COLLECTION SERVICE IN THEIR
RESPECTIVE JURISDICTION - An incentive scheme shall be devised by the
Otfice for barangays utilizing barangay-owned dump truck for solid waste
collection service in their respective jurisdiction, subject to specific guidelines set
forth in the Implementing Rules and Regulations of this Code, following the
budgeting, accounting, and auditing procedures of Government.

CHAPTER V
Air Pollution

SECTION 1. THE PHILIPPIHE CLEAN AIR ACT - Republic Ac-t No. 8749 otherwise known
as the Philippine Clean Air Act of 1999 aims at providing for a comprehensive air
pollution control policy in the country.

SECTION 2. APPLICABILITY - This Chapter shall be applicable within the entire territory and
jurisdiction of San Mateo, Rizal and shall be implemented by the of the Pollution
Control Division cf the Office (Titles 1, 2 and 3) and the Municipal Health
Department {Title 4).

TITLE 1: MOBILE SOURCES

SECTION 3. AIABIENT AtR POLLUTION SECTION (AAPS] oF THE DEPARTMENT - As an


enforcement unit, the AAPS of the Department shall be manned by competent
personnel that meet the government set qualification standards. They shall be
properly trained by a duly-deputized anti-smoke belching training staff on CAA-
consistent roadside apprehension and other anti-smoke belching procedures, and
shall be equipped with CAA-eompliant smoke opacity meters as evidenced by a
Ordinance No. Ail.S-2017
An ordinance praviding tor the Environment
Gode ofSan Mateo, Rizal.
August 15,2017

w::::::*.---
certificate of conformity to standards set by the EMB-DENR. The program shall
include training on the correct use, maintenance and calibration of smoke-testing
equipment. No individual shall be deputized without satisfactorily completing the
training.

SECTION 4. EMISSION STAHDARDS FOR IN-USE MOTOR VEHICLES The Office shall -
implement the emission standards for motor vehicles pursuant to and as provided
in RA 8749. All in-use motor vehicles registered for the first time on dates
indicated below shall comply with the emission standards as stated in the latest
issuance of the DENR

a. Emission Standards for Vehicles with Spark-lgnition Engines (Gasoline):


Except Motorcycles {Secfion 9, DAO No.ZMA-fi}

co HC
Vehicle Registration {% by (ppm as
volumel hexane)
Registered for the flrst time
0.5 254
after Decernber 31 ,2AO7
Registered forthe flrst time
on or after January 1, 2003 3.5 600
but before January 1, 2008
Registered for the first time
on or before December 31, 4.5 800
2AO2
*at
idle

b. Emission Standards for Vehicles with Compression-lgnition Engines (Dieseli:


(Light absorptian caeffitient, m-1), k (Secfion 9, DAA No. 2A10-23)

Vehicle Registration Light Absorption Co-Efficient,


m'1, k
Registered for the first time
2.0
after December 31 ,20A7
Registered for the first time
on or after January 1, 2003 2.5
but before January 1, 2008
2.5
Registered forthe first time
3.5 {turbo-charged)
on or before December 31,
4.5 (1,OAOw increase in
2042
elevation)

"using free acceleration test

c. Should there be new emission standard for motor vehicles set by the National
Government, that new standard shall be observed.

SECTIOH 5. EIITISSION STANDARDS FOR IN.USE MOTORCYCLEITRICYCLE AND


IIJIOPED {$ection 8, DAO No. 2010-24} - All in-use motorcyclesltricycles and
mopeds registered on the dates indicated below shall comply with the following
emission standards:
Ardinanee No. A#5.2A17
An ardinance providing tar trte Environment
Code of San Mateo, Rizal.
August rS, 2417
Page 26 af $tt

Emission Standards
Vehicle Registration Carbon Hydro- White
Monoxide Carbon Smoke
t% bv volumel {ppm} {% opacitv}
Registered for the first
time prior to January 1, 6.0 6,500 30
2003

Registered for the first


time on or from January
4.5 6,500 30
1, 2003 up to December
31,2411
Registered for the first
time on or after January 3.5 4,500 30
1,2A12

SECTION 6. TEST PROCEDURES FOR MEASUREMENT OF EXHAUST EMI$SIONS FOR


IH-USE MOTORCYCLETTRICYCLE AND MOPED {Section g, DAO No. 2010-
241

Parameter Reference
Hydrocarbon At idle per Annex C of DENR
and Carbon Administrative Order 2000-8 1
Monoxide
Opacity at % maximum RPM or
based on manufacturefs manual.
White Srnoke
Test procedure based on free
acceleration

SECTIOH 7. EMISSION TEST FOR ALL PUBLIC UTILITY VEHICLES -All public utility
vehicles (PUVs) such as, but not limited to, public utility buses (PUBs), public
utility jeepneys (PUJs), UV Express SeMce and taxi cabs that are occupying or
utilizing garages and terminals within the territorialjurisdiction of the Municipality
and operated by organized transport groups or private companies are required to
submit a copy of their current and valid motor vehicle smoke density test results
or CEC from D0TC-authorized and DTl-accredited PETC or LTO-Motor Vehicle
lnspection Station (LTO-MVIS) as a pre-requisite in the issuance of an
Environmental Clearance from the Office for the garage or terminals being
utilized.

Any violation of this provision shall result to non-issuance of Environmental


Clearance by the Office, and a recommendation for CDO andior Closure Orderto
the BPLO.

SECTIOH 8. EMISSION TEST PROCEDURE FOR IN-USE VEHICLES EQUIPPED WITH


SPARK IGNITION ENGINES (DAO No. 201A-23, Annex Al - The test
procedure is for the determination of the concentration of exhaust carbon
monoxide (CO) and hydrocarbon (HC) emissions from in-use motor vehicles
equipped with spark ignition engines running at idle speed.

a. Test Equipment {Reference ISO-3930}

1. Carbon Monoxide Analyzer - A NDIR (Non-Dispersive lnfrared), CO


Exhaust Gas Analyzer;
Ordinance No.0WS-201V
An ardinance providing for the Enviranment
Code of Saa Mateo, Rizal.
August 15, 2Ar7
Page 27 of 54

2. Hydrocarbon Analyzer - A NDIR HC Exhaust Gas Analyzer, HC as hexane


(c6H1a);

3. Tachometer - an easily-installed and operated tachometer to measure


engine speed (RPM).

b. Vehicle Preparation

1. Set the vehicle transmission at neutralwith the hand-brake engaged;

2" With the accelerator in the rest position, make sure that the idling speed or
the engine rpm conforms with the vehicle manufacrtureCs recommendation;

All accessories like rear window heating, air-conditioning system, air fan,
and other equipment necessary for the vehicle operation at idle should be
switched-off;

4. Check that the temperature of the engine is at least 70"C; otherwise run the
vehicle for at least 15 minutes on a normal road before testing;
( Ensure that the vehicle exhaust system of the engine is reasonably leak-
proof and will allow the insertion of the sampling probe by at least 30 cm.
from the tailpipe outlet. lf this is not possible due to tailpipe configuration,
use the appropriate correction factor.

Measurement

1. lmmediately preceding the measurement, adjust the instrument to zero,


and accelerate the engine to about 2,500 rpm, using the tachometer, if
available. Maintain this speed for ten (10) to fifteen {15) seconds, then
release the pedalto return the engine at idle speed;

2. While the engine idles, insert the sampling probe into the exhaust pipe as
deeply as possible which shall not be less than 30 cm. Wait for twenty
(20) seconds and take the CO/HC reading;

3. lf the vehicle has multiple exhaust outlets, the arithmetic average of the
CO/HC readings in each exhaust outlet is taken as the result.

d. lnstru ment Calibration, Adj ustment {Reference; l$O-3929}

1. . Prepare, use, and maintain the analyzer following the directions given in
the instrument manufacturef s operation manual and service the
instrument at such intervals as to ensure accuracy.

2. Carry out a span and zero calibration within a period of four (4) hours
before the instrument is moved or transferred to a new lacation. The
calibration shall be performed well away from the exhaust of motor
vehicles whose engines are running.

3. lf the instrument is not self-compen$ated for none-standard conditions of


altitude and ambient temperature or not equipped with a manually
controlled system of compensation, the scale calibration shall be
performed using calibration gas.

4. lf the sample handling system is not integral with the analyzer, make
certain that the effectiveness of the gas sampling system is leak-proof.
A rdinan ce N a. {} il-S-ZAl 7
Ap ordinance providing for the Enviranment
Code of San fillateo, Rizal.
August 15, 2417

';':::':.. ,nu*ffihrx

Check that filters are clean, that filter holders are fitted with their gaskets
and that these are all in good condition.

5. Ensure that the sample handling line probe is free from contaminants.

SECTION 9. FREE ACCELARATION TEST FOR IN.USE COMPRESSIOH{GNITION


MOTOR VEHICLES (DAO No. 2010-23, Annex B! -The test is a smoke opacity
measurement for in-use motor vehicles equipped with compression-ignition
engines, using the free acceleration from low idle speed method.

a. Motor Vehicle Test Condition

1. The test shall be carried out on a stationary vehicle and the engine shall be
first brought to normal operating conditions during a road run or dynamic
test. Cooling water and oil should be at normaltemperature.

2. The combustion chamber should not have been cooled or fouled due to
prolonged period of idling preceding the test.

3. The exhaust system shall not have any orifice or leaks wherein gases
emitted by the engine might be diluted.

b. Test Equipment
The light-absorption coefficient of the exhaust gases shall be measured with a
Smoke Opacity Meter {Opacimeter) satisfying the conditions laid down in ECE
Regulation No. 24, Revision 2HECEITRANS 505. Rev Add 23 Rev 2, Annex
8: Characteristics of the Opacimeter.

c. Test Procedure and Smoke Opacity Measurement

1" Follow the opacimeter manufacturer's instruction on the proper installation,


operationsluse and check the accuracy and calibration before and after
each test;

2. Set the vehicle gear-change control in the neutral position and the hand-
brake effectively engaged ;

3. Start the engine and warm it up to its normaloperating temperature;

4. Accelerate the engine two {2) to three {3} times prior to smoke sampling to
remove deposits of soot and other carbon particles in the tail pipe.

5. lnsert the opacimetefs probe tip in the tail pipe of the apprehended
vehicle.

6. With the engine idling, depress the accelerator quickly, but jolt violently to
obtain maximum delivery from the injection pump. Maintain this position
until maximum engine speed is reached for about two (2) to four (4)
seconds and the governor comes into action. As soon as this speed is
reached, release the accelerator until the engine resumes its idling speed.
Record the maximum reading of the smoke meter;

7. The operation described in paragraph 6 shall be repeated not less than six
(6) times to clearthe exhaust system and to allow for any necessary
Ordinance No.0il-$-2H7
An ordinance providing lor the Etwironment
Code of San Mateo, Rizal.
August 15, 20tT
Page 29 of 54

adjustment of the apparatus. The maximum opacity values read in each


successive acceleration shall be noted until stabilized values are obtained.
The values read shall be regarded as stabilized when four (4) consecutive
readings are within s hand width of 0.25 m-' and do not form a decreasing
sequence. The arithmetic mean of the four {4) stabilized values shall be
the test result for the concerned vehicle;

8. For motor vehicles designed with $everal exhaust outlets that are
individually connected from paired exhaust ports, the free acceleration test
shall be carried out on each outlet. ln this case, the values used for
calculating the correction to the absorption coefficient shall be arithmetical
mean values recorded at each outlet and the test shall be valid only if the
extreme values do not differ by more than 0.15 m-{.For more vehicles
designed with several exhaust outlets connected from one (1) exhaust
pipe coming from the engine's exhaust manifold collector, the free
acceleration test shall be carried out only on one exhaust outlet, the other
outlets effectively blocked to prevent leaks.

9. Seal the full load screw of the injection pump/delivery system of the motor
vehicle after a passtest to prevent tampering.

SECTION 10" ROADSIDE INSPECTION OF IIJIOTOR VEHICLES AND APPREHENSMN


PROCEDURE

a. The spotterlflagger, who is positioned about 30-50 meters from the


apprehending team, shall identify (through visual observation) and flag down
the vehicles suspected of violating the emission standards. Heishe shall
motion the driver of the smoke-belching vehicle to pull over to the outer most
lane of the road near the sidewalk and signal the apprehending officer to
assist in flagging down the said vehicle;

b. The apprehending officer shall approach the flagged down vehicle and
inform the driver that the vehicle is being stopped because it is visually
emitting smoke and therefore, must be tested for smoke opacity sampling as
specified under this Code. Helshe shall request from the driver to present
his driveCs license and a photocopy of the vehicle's ORICR issued by the
LTO to check if the description of these documents matches the vehicle;

c. While the apprehending officer verifies the documents, the depressor


shall board into the vehicle and take the driver's seat. Helshe shall ensure
that the accessories of the vehicle being tested are turned off, the hand
brake effectively engaged, and the vehicle's gear change control is in neutral
position. At the same time, the IEC officerlteam leader, shall inform the
driver/passengers of the apprehended vehicle that this activity is part of the
government's effort in cleaning the air and will only take a few minutes in
conducting a smoke sampling test to the apprehended vehicle. Printed
information materials shall also be distributed (if availablei;

d. After verification of documents, the apprehending officer shall hand over


said documents to the machine operator to input basic vehicle's data into
the handheld device {or computer keyboard} of the opacimeter. Smoke
emission sampling must be done in accordance with the testing procedures
as stated under Sections I and I of this Title;

e. After the test procedure, the depressor shall signal the prober to remove
the opacimetefs probe tip from the tail pipe and alight from the vehicle;
@Stlatcetlst*9Zlr7
panifng fx
An xdinance fre &wiraratlent
Codec'fSan #ate*,Rizal.

w::t:---
August 15, 2{117

f. The machine operator shall print the computerized result of the smoke
emission test generated from the opacimeter, submit it to the apprehending
officer and inform the latter whether the vehicle passed or failed the smoke
emission standard.

g. If the computerized print-out result shows that the vehicle passed the smoke
emission standard, the apprehending officer shall return all the vehicle's
documents and drivefs license he requested earlier before releasing the
vehicle.

h. On the other hand, if the computerized print-out result shows that the vehicle
failed, this print-out shall serve as prima facie evidence of violation of the
smoke emission standards and the apprehending officer shall issue an
TVR indicating the results of the test and shall also confiscate the driver's
license. Confiscated drivefs license will be fonrarded to the AAPS
Redemption Area located at the office of the Departrnent for safekeeping.

The validity of the driver's TVR should be seven (7) days only pending the
fulfillment of the undertaking by the driverlownerloperator of the motor
vehicle to make the necessary repairs to comply with the emission
standards.

j. Apprehended motor vehicles shall not be operated or used in public roads


except for purpose of transporting of the same to the calibration service
center for repairs and to any DOTC authorized and DTI accredited PETC or
LTO-MVIS for emission testing to ascertain if it already meets the emission
standards.

k. Once the vehicle meets the standards, the authorized and accredited
emission testing center shall issue an original CEC to the
driver/owner/operator of the vehicle to redeem the confiscated license at the
AAPS Redemption Area. The CEC will have no validity period, its sole
purpose is to secure the release of the confiscated license which was a
consequence of that specific violation.

SECTION 1I. PROCEDURE TO REDEEM THE CONFISCATED LICENSE

a. The driver, operator, owner of the apprehended vehicle or his/her authorized


representative shall proceed to the office's AAPS Redemption Area and
present all the requirements needed, such as original TVR, photocopy of
vehicle's OR/CR and original cEC, to the AAPS Redemption officer for
verification and issuance of Order of Payment

b. Payment of the fine indicated in the order of payment shall be paid at the
Municipal Treasurer's Office Payment Counters. Once payment has been
made, he/she shall return to the AAP$ Redemption Area to present the
original Official Receipt and submit a photocopy of this receipt to the AAPS
Redemption Officer.

c. The driver, operator, owner, or any of hislher representative, must also submit
a photocopy of the CEC heishe presented earlier to the AAPS Redemption
Officer to facilitate the release of the confiscated item or driver's license.

d. Failure of the drive#operator to comply and pay the corresponding fines and
penalties within the prescribed period shall compel the Office to initiate
necessary action by fonuarding the name/s of the violator/s to the Municipal
Legal Department forthe appropriate legal action.
Ordlnance No. 0U-S-2A17
An ordinance providing for the Environment
Code ofSan Mateo, Rizal.
August 15, 2017

w:.::.*-* . x.-"Dx
e. ln the event the driver of the apprehended vehicle contests the apprehension
and/or result of the emission standards, he may appeal the same to the
Municipal Legal Department where he will be given the opportunity to be
heard and present his evidence.

f. The prescriptive period to appeal is within 24 hours after the time of


apprehension.

SECTION 12. FINES AilID PENALTIES FOR VIOLATION OF EMI$SION STANDARDS FOR
MOTOR VEHICLES - Vehicle found to have exceeded the emission standards
for motor vehicles shall suffer the following penalties:

Fines for violation of Emission Limits for Public Utility Vehicles and Private
Vehicles:

First Offense - Ons Thousand Pesos (Php1,000.00)


Second Offense - Two Thousand Pesos {Php2,000.00);
Third Offense - Two Thousand Five Hundred Pesos (Php2,500.00) and the
offender must undergo a seminar on clean air compliance to be conducted by
personnelfrom the AAPS of the Office;

Fines for violation of Emission Limits for motorcyclesltricycles and mopeds:

First Offense - Three Hundred Pesos (Php300.00)


Second Offiense - Five Hundred Pesos (Php500.00i
Third Offense - One Thousand Pesos {Php1,000,00)

ln case three (3) offenses were committed within a year, the AAPS of the Office
shall endorse the case to LTO for the suspension of the Motor Vehicle
Registration (MVR) for a period of one (1) year.

TITLE 2: $TATIONARY SOURCES

SECTION {3. AIR POLLUTION STANDARDS FOR STAT|ONARY SOURCES -All business
establishments with air pollution source installation are required to put up air
pollution control deviceslfacilities such as, but not limited to, chimney stacks,
water scrubbers, water curtain, dust collectors, filters, painting booth, etc. As
such, concerned business establishments shall cornply with pertinent National
Permits (e.9. PO-APSI) as wellas Local Permits (e.9. Environmental Clearance).

SEGTION {4.FIHES AND PENALTIES FOR VIOLATION OF STANDARDS FOR


STATIOHARY SOURCES - The visible emission standard for smoke and
opacity or any equivalent method approved by the DENR shall be applied to
stationary sources with air emissions. Any violation shall be punishable as
follows:

1. First Offense - One Thousand Pesos (Php1,000.00) and issuance of Notice


of Violation

2. Second Offense -
Two Thousand Pesos {Php2,000.00i and issuance of
Cease and Desist Order (CDO) for the pollution source

3. Third Offense - Two Thousand Five Hundred Pesos (Php2,500.00) and


recommendation for the issuance of a Closure Order to the BPLO
O rdi nan ce N o. 0 5*S-2Al 7
An ordinance providing for frte Environment
Codq of San frllateo, Rizal.
August 15, 21117

?:v:a**.- b*Ewx
For the first offense, a period of compliance of not more than six (6) months shall
be given to the establishment to institute correc,tive measure afier which, the
concerned establishment shall be charged of second offense and third offense,
respectively for continuous violation.

ln case of irreparable or grave damage to the environment because of any


violation or omission of the Clean Air Act, the Office shall recommend the filing of
appropriate criminal charges against the violators, and shall assist the public
prosecutor in the litigation of the case.

TITLE 3: AREA SOURCE OF POLLUTION

SECTION 15. Area Sources operating without the required National Permits from concerned
National Government Agencies shall be issr.red with a Notice of Violation (NOV)
and a fine of Two Thousand Five Hundred Pesos (Php2,500.00). Thereafter, the
case shall be endorsed to the local and national agencies concerned for
appropriate action.

SECTION 16. ENVIRONMENTAL IMPACT OF DEVELOPI,IENT - ln view of the fact that there
is an ever-growing development process in San Mateo, Rizal, its impact on the
environment is also increasing, that might lead to deterioration in environmental
conditions.

Environmental assessment provides a rational approach to sustainable


development. lt enables developer to carry out environmental cost-benefit
analysis of projects at an initial stage. lt is thus a precursor to detailed analysis of
environmental impacts, which are taken up only if a need for the same is
established. lt helps the planning and management to take long-term measures
for effective management as well as environment conservation.

ln order to ensure the protection and conservation of the environment, including


human health aspecte, against uncontrolled development, there is a need to
require all development and construction companies to submit an Environmental
lmpact Assessment to the Municipal Planning and Development Office when
applying for Locational Clearance.

Every owner/developer in San Mateo, Rizal, such as but not limited to, Shopping
Malls, Residential Subdivision, Commercial Subdivision, Residential
Townhouses, is hereby required to submit to the Municipal Planning and
Development Ofiice, a copy or copies, as required, of the Environmental lmpact
Assessment Study, duly approved and certified by the DENR, as one (1) of the
requirements for the issuance of a Locational Clearance.

TITLE 4: BA!{ ON SMOKING lN PUBLIC PLACES

SEGTION 17. Prohibited Acts - The following acts are declared unlawful and prohibited by
this Ordinance:

a. Smoking in enclosed or partially enclosed public places, workplaces, public


conveyances {whether mobile or stationary), or public places, except in
Designated Smoking Areas duly approved and fully compliant with the
requirements under Secfion ?8;

b. For persons-in-charge to allow, abet or tolerate smoking in places


enumerated in the preceding paragraph, outside of approved Designated
Smoking Area under Section 18;
Ordinance No" Ail-$-2017
An ordinance providing far *re Environment
Code ofSan Mateo, Rizal.
August'15,2017
Page 33 of 54

Selling or distributing tobacco products to minors;

d. Purchasing tobarco products from minors;

6
Ordering, instructing or cornpelling a minor to use, light up, buy, sell,
distribute, advertise or promote tcbacco products,

f^ Selling or distributing tobacco products and/or ENDS in a school, public


playgrounds or other facility frequented by minors, offices of the Department
of Health (DOH) and attached agencies, hospitals and health facilities, or
within 100 meters from any point in the perimeter of these places;

o. Selling of tobacco produc'ts within premises of a government facility;

h. Selling tobacco products without a municipal permit to selltobacco products;

Selling tobacco products removed from its original product packaging or


without the proper government-regulated and approved health warning;

j Selling tobacco products by ambulant or street vendors, including other


mobile or temporary stalls, kiosks, stations or units;

k. Selling or distributing of sweets, snacks, toys or any other objects in the form
of tobacco products which may appeal to minors;

t. Placing cinema or outdoor advertisements of tobacco products;

m. Placing, pCIsting, displaying or distributing advertisement and promotional


materials of tobacco products, such as but not limited to leaflets, posters,
display siruciures and other materials within an establishment when such
establishment or its location is prohibited from selling tobacco products;

n. Placing, posting, displaying or distributing advertisement and promotional


materials of tobacco products, such as but not limited to leaflets, posters,
display structures and other materials that show a tobacco brand's name
iincluding company name), logo or indicia, such as in a point-of-sale
establishment, where minors are alloyyed entry.

Displaying and placing tobacco products in open store shelves/racks, except


in enclosed, opaq ue and si ngle-colored storageslcontain ments;

Facilitation, participation or partnership engaged by ant government official or


personnel, regardless of employment status {permanent, casual, contractual,
job order, consultant or special appointment) in any form of contribution,
sponsorship or corporate social responsibility {CSR) activity, event, program
or project by a tobacco company, tobacco industry front groups, or any
representation working to protect tobacco industry interesis, executed for or
within the territorial jurisdiction of the Municipality of San Mateo, Rizal, with
the aim, effect or likely effect of promoting a tobarco product, its use either
directly or indirectly.
A rdin an ce N o. 0il-S-2$1 7
An ordinance providing for the Environment
Code of San frllateo, Rizal.
August 15, 2017
Page 31 of 54

Section 18. Designated Smoking Area - All DSA shall strictly comply with the following
standards:

1. There shall be no opening that will allow air to escape from the
Designated Smoking area to the smoke free area of the building or
conveyance, except for a single door equipped with an automatic door
closer provided that the DS is not located in an open spaee such door
shall open directly towards a Non-Smoking Buffer Zone .

2. The DSA shall not be located in or within then (10) meters from
entrances, exits or any place where people pass or congregate, or in front
of airtake ducts;

3. The combined area of the DSA and the Buffer Zone shall not be larger
than 20% of the total area of the building or conveyance, provided that in
no case shall such area be less than (10) square meters

4. No building or conveyance shall have more than one DSA;

5. The ventilation system for the DSA other than in an open $pace and for
the buffer zone shall be independent of all ventilation systems servicing
the rest of the building or conveyance;
6. Minors shall not be allowed inside the DSA and the BufferZone;

7. The DSA shall have the following signages highly visible and prominently
displayed:

a. Smoking Area" signage with message showing "Minors not allowed


within these premises".

b. Graphic health warnings on the effects of tobacco use

c. Prohibition on the entry of persons below 18 years old.

8. Other standards and specifications to better ensure a smoke-free


environment as may be prescribed by the inter-Agency Committee-
Tobacco under Republic Act No. 9211, provided that such standards and
specifications are inconsistent with Executive order 26 af President
. Rodrigo Duterte.

SECTION 19. O{rfies and Obligatians of Person-in-Charge, - Persons-in-Charge shalt:

a. Prominently post and display the "No Smoking" signage, in the locations most
visible to the public in the areas where smoking is prohibited. At the very
Ieast, the "No Smoking" signage must be posted at the entrance to the area,
which shall be make at least I x 11 inches in size, where the symbol/s shall
occupy no less than 60% of the signage. The remaining 40olo of the signage
shall show the following information:
Ordinance No- A54-S-2Af 7
An ordinance providing for the Erwiranment
Code of San Matea, Rizal,
August 15, 2017

Example:

As per ORDINANCE NO.


s
STRICTLY NO SMOKING

Violators can be fined up to


Report violations to {Hofline Number}

{s for the DesignatedSmoking Area, after complying with the specifications in


Secfibn ?8, prominently display the following elements in the signage:

DESIGNATED SMOKING AREA or*SMOK|NG AREA,,

"Minors not allowed within these premises',

{Pt ace G raphic/Pictu re-9 ased H e alffi Wa mi ng on


The effects af tobacca use within fhe sjr ,
b. Prominently post and display the "No smoking" signage in the most
conspicuous location within the public conveyanm. At the very least, a three
and a half i3.5) square inch "No smoking" signage shall be replaced on the
windshield and a ten (10) square inch "No smoking" sign at the driver,s back
seat;

Rgmove from the places where smoking is prohibited all ashtrays and any
other receptacles for disposing of cigarette refuse;

d. For person-in-charge of government premises intending to establish a


Designated smoking Areas {DsA}, secure a certificationTpermit from the
duly authorized officer cr representative of the Civil Service Commission;
while for persons-in-charge of commercial establishmentslbuildings cr
othsr non-government fucilities intending to establish a DSA, to seiure a
certification/permit from the Building/Engineering and Health Offtcers, after
cornplying with the requirements for a DSA, as stated in secilon ?gJ;

For person-in-charge of schools, public playgrounds or other facilities


frequented by minors, offices of the DoH and attached agencies, hospitals
and health facilities, post the following statement in a clear and conspicuous
manner:

SELLING, ADVERTISING AND PROMOTING CIGARETTES OR OTHER


TOBACCO PRODUCTS INCLUDIHG E.CIGARETTES NOT ALLOWED
wrHlN 100 METERS FROM ANY PotNT tit rHE PERTMETER oF (name
Of $CHOOL / PIAYGRAUND / FACIUr/ FAR MIIVORS / HEALTH
FACILIW / ETC,)

t. For persons-in-charge of schools, public playgrounds or other facilities


frequented by minors, offices of the DoH and attached agencies, hospitals
and health facilities, report to the smoke Free Task Force any tobacco
Ordinance Na. 0il.S.-20t 7
An ardinance providing tor the Emtironment
Code of San *fiatea, Rizal.
August rS, 2A17
Page36 afM

product $elling, advertising andlor promotion located within 100 meters from
its perimeter;

g. For person-in-charge of establishments intending to sell tobacco products,


secure a permit ta retaillwholesale from the Business Permits and Licensing
office;

h. For person-in-charge of approved point-of-sale establishments, post the


following notice, together with a pictorial health warning on the health
consequences of tobacco use, as prescribed by the Municipal Health office,
in a clear and conspicuous manner:

SALETDISTRIBUTION OF TOBACCO PRODUCTS


TO EIIHORS IS UNLAI'UFUL

i. For person-in-charge of point-of-sale establishments, they are responsible to:

1. Remove all forms of tobacco advertisemenUpromotions paraphernalia


deemed prohibited by this Ordinance;

2. secure approval from the Municipal Health office for storages or


containments of tobacco products. Only a listing of available tobacco
brandslvariants sold at the point-of-sale establishment are allowed to
appear outside of the storage or containment, where such listing shall
only be writtenlprinted in any plain font, and devoid of any recognizable
product or brand typeface, Iogo, indicia or markings. such list shall not
occupy more than (25Yo| of the exposed side of the storage or
containment;

3. Ensure that storages or containments of tobacco products are only


opened by a store personnellmanager at the counter during actual
purchase by an adult customer, or when being replenished, cleaned or
inspected;

4. Establish internal procedure and measures through which this Ordinance


shall be implemented and enforced within the area of which he or she is
in charge. This includes compliance to the sales, distribution, advertising
and promotions restrictions, i.e. warning smoking violators in banned
areas and requesting them to stop smoking, and if they refuse to comply,
asking them to leave the premises, and if they still refuse to comply,
reporting the incident to the Municipal Health office, the nearest peace
. officer, or to any member of the smoke Free Task Force through its
hotline or by other means;

5. Ensure that all the employees in the establishment are aware of this
ordinance and the procedure and measures for implementing and
enforcing it;

6. Allow inspectors which may include other members of the Task Force or
the designated civil society organization, entry into the establishment or
public conveyance during regular business hours for the purpose of
inspecting its compliance with this Ordinance;

7. For all signage required to be posted under (ai, (b), {e) and (h) above,
provide for versions of them in the local dialect or in English;
Ardinance No. Ail-8-2A17
An ordinance providing tor the Etwironment
Code ofSan Mateo, Rizal.
Augusf 15,2417
Page 37 of 54

Section 20. Persons Liable. - The following persons shall be liable under this Ordinance:
a. Any person or entity who commits any of the prohibited acts stated in Secfion
f 7 hereof;

b. Persons-in-charge who knowingly allow, authorized or tolerate the prohibited


acts enumerated in Secfibn 17, ar who otherwise fails to fulfill the duties and
obligations;

lf the violator is a minor, the enforcer of this Ordinance shall report the
incident to the school principalldean exercising jurisdiction over the minor-
offender where he shall be required to comply with disciplinary measures
under the school where helshe is enrolled, and/or to the Municipal Social
Welfare and Development Office for appropriate action or interyention,
pursuant to Republic Act 9344. Should the school have no policy for offenses
committed by their pupils outside school premises or it the minor is an out-of-
school youth, the enforcer shall ensure that the minor is referred to the
Municipal Social Welfare and Development Office, which may likewise
involve the parents or guardians and/or a Barangay Official where the minor
is a resident.

Section 21. Penalties. - The fotlowing penalties shall be imposed on violators of this
Ordinance:

a. Violation of Section 17 {a}, {b} Smoking and Section 6

i. First Offense Php1,000.00 and viewing of a video documentary


On the dangers of smoking

ii. Seccnd Offense Php2,000.00

iii. Third and Subsequent


Offenses Php2,500.00 or imprisonment for a period not
exceeding five (5) days or both at the discretion of
the court. Suspension or revocation of business
license or permit {in case of a business entity or
establishment), if applicable.

b. Violation of Section 17 (c) to {p} SaleslAccess Restriction and


Advertising and Promotions Ban

i. First Offense Php2,000.00 and viewing of a video documentary


on the dangers of smoking

ii. Second Offense Php2,000.00

iii. Third and Subsequent


Offenses Php2,500.00 or imprisonment for a period not
exceeding thirty {30} days or both at the discretion
of the court. Suspension or revocation of business
license ar permit (ln case of a business entity or
establishment) if applicable.
Ardinance No. Ail-S-tA1 7
An ardinance providing for the Environment
Gode of San Matea, Rizal.
August 15, 2Al7

3v :Y.* ...
-. - - -..- *..- * *
$ECTION 22. Under no circumstances shall any mark, device, word or image associated with
any tobacco company or product be included in any of these signs and materials.
Non-smoking areas shall likewise have at least one (1) legible and visible sign
posted saying "NON-SMOKING AREA" or "NO SMOKING".

SECTIOH 23. ADMINISTRATIOH AND AUTHORITY TO INSTITUTE ACTION The


Department of Building Official, the Municipal Health Department, and Business
Permits and Licensing Office are tasked to
inspect and certify the
appropriateness of the designated smoking areas provided by service
establishments taking into consideration the air quality standards attached
herein. To effectively implement this ordinance, the Local Chief Executive upon
the recommendation of the Municipal Building Official is authorized to institute
criminal proceeding against the violators of this provisions.

SECTlOil 24. Smoking is


hereby prohibited in hospitals, movie houses, assembly halls,
enclosed and air-conditioned public establishments, public conveyances,
government buildings, and school rooms, except in designated smoking area to
be identified by the administrator, owner, operator, or manager of said
establishments.

The penalties provided under Section 't2 of this Chapter shall likewise be applied
in case of violation of the immediately preceding paragraph.

SECTIOH 25. All establishments open to the public and all government offices must provide
adequate smoking areas which may duly designated and identified with sufficient
markings for publie information.

CHAPTER VI
Water Pollution

SECTION 1. THE PHILIPPINE CLEAN WATER ACT - Republic Act No. 9275, othenruise
known as The Clean Water Aet of 2AA4, aims for a more efficient prevention,
control, and abatement of water pollution and effective management of the
country's water resou rces.

TITLE 1: EFFLUENT DISCHARGE

SECTIOH 2. PROHIBITED ACTS ON WATER POLLUTION * The following acts are hereby
prohibited:

a. Discharging, depositing, or causing to be deposited, material of any kind,


directly or indirectly into the water bodies (such as but not limited to throwing
of any kind of garbage, used oil, waste matters, or refuse in any drainage
outlets such as canals, rivers, creeks) or along the margins of any surface
water, where the same shall be liable to be washed into such surface water,
either by tide action or by storm, floods, or otherwise, which could cause
water pollution, or impede naturalflow in the water body;

b. Discharging, injecting, or allowing to seep into the soil or sub-soil, any


substance in any form that would pollute groundwater;

c. Operating faeilities that discharge or allow to seep, willfully, or through gross


negligence, prohibited chemicals, substances or pollutants listed under RA
6969, into bodies of water, or wherein the same shall be liable to be washed
into such surface, ground, coastal, and marine water;
Ordi nan c e N o. A il-S-?Al 7
An ardinance providing far the Environment
Code of San Matea, Rizal.
August't5,2017
Page 39 of 54

d. Transport, dumping, or discharge CIf prohibited chemicals, substances, er


pollutants listed under RA 6969;

e. Discharging regulated water pollutants without the required valid discharge


permit;

f. Operating facilities that discharge regulated water pollutants without the


required valid permits, or after the permit was revoked for any violation of any
condition therein;

g. Disposal of potentially infectious medicalwaste into water bodies;

h. Unauthorized transport or dumping into water bodies of sewage sludge, or


solid waste as defined under RA g27S and RA 9003;

sEcTloH 3. E$TABLISHMENT OF RATNUI'ATER COLLECTORS {WATER RESERVOTR}.|t


It is hereby required that all subdivisions, condominiums, commercial centers,
malls, hotels, sports and recreational facilities, hospital, market places, public
buildings, industrial complex, relocationlresettlement areas, and other similar
human settlementslestablishments to pui up rainwater collectors (water
reservoir), as a cause effeclive measure to directly address the impending water
crisis that may be caused by the El Nino phenomenon.

Provided that all existing subdivisions, condominium, commercial centers, hotels,


sports and recreational facilities, hospitals, market places, public buildings,
industrial complex, relocation/resettlement areas and other similar human
settlementsiestablishments without the appropriate rainwater collectors are
likewise given a period of three (3) years from the date of effectivity of this
ordinance within which to come up or establish and provide the appropriate
rainwater collectors within their establishment or areas of operation

Likewise no location clearance, development permit shall be endorsed by the


concerned offices or departments, unless the required rainwater collectors ere
included in the development, construction and building plans.

The local property taxes, {real estate taxes} of the land and the building where
these rainwater collectors are constructed, established, operated and maintained
shall be adjusted accordingly by the Municipal assessor.

The municipal mayor is hereby authorized to implement rules and regulation from
time to time for smooth implementation of this section and further, to issue cease
and desist orders against any person, entity or corporation violating the same.

SECTION 4. REQUIRING BUSINESS ESTABLISHMENTS TO INSTALL APPROPRIATE


WASTE WATER TREATMENT FACILITYIPLANT AND OTHER POLLUTIOI{
CONTROL DEVICE -lndustries, establishments, and other entities are required
to put up the foilowing:

a. Waste Water Treatment Plant/Facilities - major industries and establishments


with waste water discharge.

b. Septic TanUSeurerage Treatment Plant -commercial buildings, markets,


restaurants, mortuary, and other similar establishments.
Ardinance No. 0il-S-2A1 7
An ordinance providing lar the Enviranment
Code of San Mateo, Rizal.
August 15" 2917

?r:::t:-* ..N@n-.---x

c. Grease TraplGrease lnterceptor - restaurants, commissary, eateries, food


processing and other similar establishments.

d. Oil and Water Separator - gasoline stations, machine shops, car wash, motor
pool, auto repairlsupply surplus shops, public transport terminalslgarage, and
other similar esiablishments.

e. Sealed Concrete Holding Tank - piggery, livestock.


f. -
Sealed Container dental clinics, veterinary clinics, hospitals, laboratories,
and other medical establishments.

ln case of spillage of any waste it is the responsibility of the establishment to


make necessary action to contain and recoverthe waste that has been spilled.

Any violation of this provision shall be punishable as follows:

1"t Offense - Two Thousand Pesos {Php2,000.00) and issuance of Notice of


Violation.

znd Offense -
Two Thousand Five Hundred Pesos {Php2,500.00) and
issuance of Cease and Desist Order (CDO) for the pollution source.

3rd Offense - Two Thousand Five Hundred Pesos (Php2,500.00) and


recommendation to the BPLO forthe issuance of a Closure Order

For the first offense, a period of compliance of not more than six (6) months shall
be given to the establishment to institute corrective measures, after which, the
concerned establishment shall be charged of second offense and third offense,
respectively for continuous violation. Thereafter, the case shall be endorsed to the
Iocal and national agencies concerned for appropriate action.

ln case of irreparable or grave damage to the environment because of any violation


or omission of the provisions of the Clean Water Act, the Head of the Office shall
recommend the filing of appropriate criminal charges against the violators, and
shall assist the public prosecutor in the litigation of the case.

Effluent shall conform to effluent standard set by the DENR. A Discharge Permit
from concerned National Government Agencies shall also be secured.

SECTION 5. REQUIRING TVIARKETS AND SLAUGHTERHOUSES TO PUT UP A


SEWERAGE TREATMENT PLANT {STPI -Existing markets operating within the
territorialjurisdiction of San Mateo, Rizal, are hereby required to secure permits
from the Office, Municipal Building Permits and Licensing Office (BPLO),
Department of Building Official {DBO), and other concerned Municipal
Departmentsl0ffices, and shall provide the necessary documentary requirements
pertaining to their compliance to the construction of STP and the water quality it
produces. Only newly constructed markets and slaughterhouses with
corresponding permits and clearances from the 0ffice, BPLO, and DBO, etc.
shall be allowed to operate. Non-compliance hereof shall cause the non-issuance
of the Business Permit to markets and slaughterhouses.

SECTION 6. CLEAN-UP OPERATIONS - ln addition to the penalties provided in this Code,


any person who causes pollution in, or pollutes water bodies, shall be
responsible to contain, remove, and clean-up any pollution incident at his own
expense to the extent that the same water bodies have been rendered unfit for
utilization and beneficial use: Provided,that in the event emergency clean-up
Ordinance No. 0il-S-201 7
An ordinance providing tor the Environment
Code ofSan Matea, Rizal,
August 15,2$r7

W!:Y*-E***-EEruX
operations are necessary and the polluter fails to immediately undertake the
same, the Office, in coordination with other government agencies concerned,
shall conduct containment, removal, and clean-up operations, Expenses incurred
in said operations shall be reimbursed by the persons found to have caused such
pollution upon proper administrative determination in accordance with this Code.

TITLE 2: SEWERAGE AND SANITATION

SECTION 7. -
COVERAGE Towards this end, the Municipality shall abide by the following
Sewerage and Septage Management Principles pursuant to Ordinance No. 028-
s-2017.

a. All buildings and structures, whether residential, commercial, industrial


establishments, and govemment offices, institutions shall be required to have
proper sewage treatment or septage management system.

b. Untreated excreta from residential areas without septic tanks and untreated
wastewater from industrial and public establishments shall not be discharged
to open drainage canals or piped drainage systems.

c. No wastewater shall be discharged to the environment without any proper


treatment.

d. For sewered areas, or areas with sewer pipelines, no wastewater other


than those from residential structures shall be allowed to discharge on
the sewers or sewer pipelines unless such wastewater was serviced by
a pre-treatment facility to at least be of domestic wastewater quality;

A All food establishments (e.9. restaurants, eatery, food chains, etc.)


discharging organic and inorganic wastes shall be required to have an
oil and grease trap installed in their respective kitchen areasl; and

All septic tanks must be accessible at all times.

SECTION 8. EXISTING FACILITIESISTRUCTURES- For existing structures:

a. Residential, commercial, industrial, institutional, and governmental


structures with inaccessible andlor non-compliant septic tank shall opt
for any of the following: (a) remodelling or restructuring to make the
septic tank accessible and compliant with national standards, within one
(1) year upon the effectivity of Ordinance 024-S-2017; or (b) connection
to existing sewer lines of water utilities, as applicable; or (ci
construction of communal or shared septic tank;

b. Commercial, industrial, institutional, governmental establishments that


are required to have a wastewater treatment facility should comply
within one (1) year within the effectivity of this Ordinance 028-S-2afi;

c. No business owner shall be issued a renewed business permit unless


he/she has obtained the necessary clearances and permits such as
Ordinance No. 0il-S-201 7
An ordinance providing lor lhe Enviranment
Code of San Mateo, Rizal.
August 15, 2417
Page42 of54

discharge permits and environmental sanitation clearances as may be


prescribed by existing laws or as maybe required by the DENR, LLDA, and/or
DOH and its instrumentalities.

SECTIOH 9. NEW FACILITIES/STRUCTURES

a. No building permit shall be issued for residential, commercial, industrial,


institutional, and governmental structures unless the design of the hygienic
septic tank or wastewater treatment faeility in the building plan conforms with
existing environmental laws and policies; and

b. No business owner shall be issued new business permit unless heishe has
obtained the necessary clearances and permits such as dischargepermits
and environmental sanitation clearances as may be prescribed by existing
laws or as maybe required by the DENR, LLDA, and/or DOH and its
instrumentalities.

SECTION 10. SEPTAGE COLLECTION, TRANSPORT, AND DISPOSAL - Only DENR and/or
DOH accredited private entities complete with permits shall be allowed to provide
septage collection and transport services. Collected septage shall only be
disposed and treated in a DENR and/or DOH accredited disposal/treatment
facility with pertinent permits.

SECTION 11. MANDATORY DESLUDGING OF SEPTIC TANKS All owners and users of -
septic tanks shall be required to desludge it on an average of once every three (3)
to five (5) years or when the sludge volume is around one third (1/.) of the total
volume of the septic tank, whichever comes earlier.
Septic tanks shall be accessible always. Further, no structure shall be built on top
of any septic tank.

Inaccessible septic tanks shall be repaired, upgraded, or replaced by a new one


as may be directed by the Department of Building Official to ensure accessibility
and for purposes of desludging at the sole expense of its owner or u$er.

The inspection and opening of septic tanks shall only be done by the Municipal
Health Department, Barangay Officials, representative of the Department of
Building Official, MWSS or any of its Concessionaires.

Violation of this provision shall subject the owner and/or user of the septic tank to
the penalty as stipulated in Section 18.

SECTION 12. DESIGN OF SEPTIC TANKS - All septic tanks shall be designed to exclude
stormwateriflow from downspouts and such other requirements and
specifications as provided by national standards. The Municipal Building Official
is mandated to ensure that appropriate standard designs of septic tanks are
enforced in the evaluation and processing of plans, permits, and inspection
procedures.

SECTION ,l3. REGULATION OF DESLUDGERS - Liquid and/or solid materials removed from
septic tanks shall be transported by a DENRIDOH accredited septage
haulerlpumper to the approved septage treatment facilities pursuant to the
regulations prescribed by the Department of Health (DOH). Unless otherwise
provided by law, no septage hauleripumper shall be allowed to collect, transport,
and unload or dispose of septage in other places, including bodies of water,
agriculturalfields, and the drainage system within the Municipality.
Ordinance No.0*8-2017
An ordinance providing for the Environment
Code of San Mateo, Rizal.
August 15,2A17

w:vv*** tu---x

SECTIOH 14. PERMITTING REQUIREIiENTS -All entities engaged in desludging activities are
required to secure Permit to Transport from the DENR, Environmental Sanitation
Clearance (ESC) from the DOH, Sanitary Permit from the Municipal Health
Department, Environmental Clearance from the Office, and other pertinent
permits as may be deemed necessary as part of the requirements for issuance of
annual business permit from $an Mateo, Rizal.

SECTION 15. INSTITUTIONAL ARRANGEMENTS

a. Construction and Design -


of Septage Facilities The Deparlment of
Building Official shall designate field inspectors that will check on the general
design, construction and maintenance requirements such as leakagelseepage
of septic tanks, stps/wwtfs in houses, subdivisions, buildings, commercial, and
business establishments for new and existing structures to ensure compliance
with the existing laws as to wastewater and septage management.

b. Database - The Municipal Health Department shall keep a comprehensive


database of all households with and without septic tanks and those who have
desludged their septic tanks and other relevant data that may be deemed
necessary. The Office, on the other hand, shall keep a database of all
business establishments, buildings with septage facilities and ryho have
availed the seruices of relevant service providers and other pertinent data that
may be deemed necessary.

c. Transport, Treatment, and Disposal of $eptage- The Office and Municipal


Health Department shall enforce the rules and regulations set forth by the
DENR and DOH in handling, transporting, treatment, and disposal of septage.

d. Sanitary Permits - The Municipal Health Department shall issue Sanitary


Permits for all treatmentldisposal and collection facilities and develop their
own procedures for periodic inspections of facilities and equipment, and
training programs for septage workers.

e. Opening and Desludging of Septic Tanks - The Municipal Health


Department together with Barangay officials, representatives from the DBO,
MWSS, and its concessionaires and/or other accredited service providers
shall be responsible for the opening and desludging of septic tanks.

f. Sewer Line Connection - The DBO shall coordinate with the MWSS and its
concessionaires in the mandatory connection to existing sewer lines and to
impose penalty for any illegal connection/tapping.

g. lllegal Structures on Watennrays - The Municipal Engineering Department


shall perform regular monitoring of illegal construction to
prevent
encroachment of easement and waterways and implement removal of the
same in coordination with other concerned Municipal DepartmentsiOffices.

h. lnformation and Education Campaign - The Office and the Municipal Health
Depadment shall implement an information and education campaign about the
proper wastewater and septage management to increase the level of
awareness and commitment of the public to address problems on water
pollution control, sewerage, and sanitation.

SECTION {6. MANDATORY CONNECTION OF FACILITIES TO SEtIIER LlNES.Buildings or


premises producing sewage shall connect to the sewer main lines in all areas
where it exists.
Ordi nance N o. 0 il-S-20 I 7
An ordinance providing for the Envfuanment
Code of San ilateo, Rizal.
August 15, 2At7
PagetH of 64

The DBO and Municipal Health Department shall oversee the MWSS or its
Concessionaires to ensure connection of the existing sewage line found in all
subdivisions, commercial centers, hotels, sports and recreational facilities,
hospitals, market places, public buildings, industrial complex, and other similar
establishments including households to available sewerage system. Provided,
that the said connection shall be subject to sewerage services chargelfees in
accordance with existing laws, rules, or regulations unless the sources had
already utilized their own sewerage system.

SECTION 17. MAINTENANCE OF DRAINAGE -The Municipal Engineering Department shall


maintain its drainage $ystem in a sanitary state and in good condition.

SECTION T8. PROHIBITED ACTS

a. Refusal to desludge as required by this Code.

b. Refusal of any person/establishment to connect its sewage lines to available


sewerage lines.

c. Dumping/discharging of sludge and septage in public places such as road,


sidewalks, parks, and establishments and in any bodies of water such as
drainage, canals, creeks, esteros, rivers, or causing or permitting the same.

d. Desludging and transporting of septage without valid permits and accreditation


from authorized permitting agencies as provided in this Code.

e. Hiringlavailing the services of illegallnon-accredited desludger, transporter by


any person or establishment to desludge septic tank.

SECTION 19. PENALTIES.Any owner or


user of
residential, commercial, industrial,
governmental, and institutional structures that failto comply with the provisions of
this Ordinance shall incur the following fines and penalties for every violation:

a. For Residential Homeowners


i. Fimt Offense - Fine of Phpl,000.00 and the lssuance of a Notice of
Violation
ii. Second Offense - Fine of Php1,750.00 and Mandatory Environment
Related Community Service
iii. Third Offense - Fine of Php2,500.00 and Non-lssuance of Barangay
Clearance
iv. Succeeding Offenses * Fine of Php2,500.00, Environment Related
' Community Senrice, and continued refusal to
issue Barangay
Clearance until the owner and/or user complies with the provisioni of
this Ordinance.

b. For Business Owners


i. First Offense - Fine of Phpl,500.00 and the lssuance of a Notice of
Violation
ii. Second Offense * Fine of Php2,500.00 and the Issuance of a Cease
and Desist Order

Violators shall be assessed annually to monitor their compliance, likewise,


continued violation shatl merit the imposition of increasing penalties for
eachassessed violation.
f:':#;;:#: :,#i::,[To, *. Env tuo n m e nt
Code of San Mateo, Rizal.
August 15, 20rT
Page 45 of 54
f-----'-.-.*_ -*,x
CHAPTER VII
Nuisance

SECTION {. -
NUISANCE DEFINED As used in this Chapter, nuisance refers to any act,
CImission, establishment, business, condition of property, or any else which:

cl.lnjures or endangers the health or safety of others; or


b. Annoys or offends the senses; or
c. Obstructs or interferes with free passage of any public highway or street, or
any body of water; or
d. Hinders or impairs the use of property.
SECTIOH 2. PROHIBITION AGAINST HUISANCES - For this Chapter, the following shall be
considered nuisances within the purview of the Offtce and shall be prohibited:

a. Excessive noise generated by business establishments and residences which


exceeds the maximum allowable noise levels as provided in Section 6, Chapter
Vll of this Code that disturb the peace and quiet of the area.

b. Foul or objectionable odor emitted by cargo trucks or motor vehicles that


transport any freight, load or delivery.

c. Foul odor emanating from residence$ or any business operation that adversely
affect health and sanitation.

d. Vehicles, machinery, equipment, or strustures situated along public streets or


sidewalks that affects and obstructs the convenient passage of motor vehicles
and passers-by.

e. Public or private places that shall be used and maintained as a disposal site of
refuse or any other noxious waste unless the site has been designated for such
purpose and with the approval of concerned National Agencies.

f. Siockades, cages or pens for fighting cocks, pigs and other animals raised and
intended for commercial purposes that shall be constructed, operated, and
maintained adjacent to any place of human habitation.

g. Livestock and dogs or pets, including birds under lhe control of the owner or
keeper which disturb the peace and quiet of the neighborhood by constant
barking or whining, or cause unnecessary noise, and that causes or emits foul
odor due to disease or uncleaned animalwaste.

h. Allowing dogs or pets, including birds by the owner/keeper to defecate (animal


excreta) in public places or outside of the owneds property.

i. Storing and drying of manure and other annoying materials/merchandise in


places or areas not designated under existing zoning laws and local zoning
ordinances.

j Growth of weeds, grasses, and bushes outside or within the premises of the
establishment, abandoned houses or in any public or private vacant lots that
shall become breeding grounds for snakes and other harmful insects or
animals.

k. Animalexcreta.

l. Other similar cases.


Ordinance No. A#-S-201 7
An ordinance providing for the Environment
Code of San Mateo, Rizal,
August 15, 2417
Page16 af54

SECTION 3.IMPOUNDED STRAY DOGS.Stray dogs shall be caught and impounded at their
respective Barangay Animal Control Center by authorized dog trappers. The
rightful owner may claim the animal afier complying with all the requirements as
may be prescrtbed by the Municipal Rabies Control Center (MRCC) pursuant to
Ordinance 045-5-2017.

lmpounded dogs may be claimed by their owners upon payment to the Barangay
Treasurer of the amount of Two Hundred Pesos (P200.00) on the first three (3)
days and an additional Twenty Five Pesos (P25.00) per day until the Sthday. After
five (5) days and the owner fails to claim the impounded animal, the respective
barangay in coordination with the MRCC shall turn-over the said animal to the
Municipal Agriculture Office.

SECTION 4. INSTITUTIONAL ARRANGEMENT FOR NUISANCE.

a. Nuisance caused by business establishments shall be under the jurisdictional


function of the Office.

b. Nuisance emanating from residences and caused by human or animals shall be


under the jurisdictional function of the Municipal Health Department.

c. Nuisance caused by obstruction on streets, public places, wateruvays, and that


hinders or impairs the use of property shall be under the jurisdictional function of
the DPOS and/or Engineering Department.

SECTION 5. FINES AND PENALTIES - Any person or business establishment found


violating Section 2 of this Chapter shall be imposed with a fine of:

1"t Offense - One Thousand Pesos (Php1,000.00) and issuance of Notice of


Violation

2ndOffense - Two Thousand Pesos (Php2,000.00) and lssuance of Cease


and Desist Order (CDO)

3'd Offense - Two Thousand Five Hundred Pesos (Php2,500.00) and


issuance of Closure Order

SECTION 6. NOISE NUISANCE -The maximum allowable noise quality standards (in
decibels) in general areas shall be as follows:

Morning Daytime Evening Night


Area
Category 5:00 - 9:00am - 6:00 - 10:00pm -
9:00am 6:00pm 10:00pm 5:00am
Class AA 45 db 50 db 45 db 40 db
Class A 50 db 55 db 50 db 45 db
Class B 60 db 6s db 60 db 55 db
Class C 65 db 70 db 65 db 60 db

Class D 70 db 75 db 70 db 65 db
Ordinance Na. 0il-5.2017
An ordinance providingfor the Environment
6ode of San Matea, Rizal.
August 75, 2417
Page 47 of 54

Class AA - A Sestion or contiguous area which requires quietness within 100


meters from schools, nursery schools, hospitals, and homes for the aged.
-
Class A A Section or contiguous area that is primarily used for residential
purposes.
Class B - A Section or contiguous area that is primarily a commercial area.
Clase C - A Section primarily reserved as a light industrial area.
Class D - A Section primarily reserved as a heavy industrial area.

SECTION 7. NOISE RESTRICTIONS/PROHlBlTlONS.Activities that generate excessive


noise classified as not permissible in areas as provided in the existing Municipal
Zoning Ordinance shall be prohibited. However, such activities that are
permissible in the zone class shall be regulated under this Code. These includes
but not limited to:

a. Resto-Bars with Live Bands, Music Performers, Videoke/Karaoke/KTV/Piped-


ln Music and the like
b. Comedy Bars
c. Repair Shops of any kind
d. Vulcanizing and Welding Shops
6 MetalMoodlPlastic Works and Fabricators
f. Bu ld ing Constructions and relevant nfrastructu res
i I

g. Noise from machineries including automobiles and motorcycles


h. Such other activities that generates excessive noise.

The use of loud sound systems during special occasions like birthdays, wedding
days, anniversaries, f,estas, civic activities, special occasions, and other public
celebrations identified by the Municipal Mayor or Barangay Officials shall be
allowed with time restrictions.

Noise generated during religious observance, rites, practices, celebrations, and


commemorations shall not be included in the prohibition, provided that such
activities will not be a nuisance to the community. In which case, a written
consent from the community/neighborhood shall be required.

SECTION 8. STANDARDS FOR SOUND.PROOFING OF BUSIHES$ ESTABLISHMEIITS -


Any person, natutal, or juridical, within the territorial jurisdiction of San Mateo,
Rizal, who is engaged in the business andlor operating with live bands, videoke
or karaoke bars, discotheque houses, or similar establishment using loud
speaker systems, shall be required to install sound-proofing measures of walls,
roofings, ceilings, and floors. Provided, that, all existing business establishment
subject to this Section are hereby given six (6) months within which to comply
with the provisions hereof. Pravided, fufther, that the provisions hereof shall
immediately apply to all establishments which shall be constructed, established
and operated upon approval of this Code.

SECTION 9. -
EXEMPTION TO SOUNDPROOFING Business establishments as mentioned
in Section I
may be exempted in the soundproofing measure if the activity
confomns with the ambient noise quality standards under this Code and its
operation has no outstanding complaint of noise nuisance.

SECTION lO.PROHIBITION OF EXCESSIVE BLOWNG OF HORN$ AHD THE


IHSTALLATION CIF LOUDIPOWER HORNS, HORNS OF VARYING SOUNDS,
STEREOS AHD OTHER SIMILAR DEVICES THAT PRODUCE
EXCEPTIONALLY LOUD OR STARTLING SOUND ON ALL TYPES OF
VEHICLES PLYING ALONG THE ROADS OF THE MUNICIPALITY OF SAN
Ardi nance N o. 054-5-201 7
An ordinance providing far the Environment
Code of San Mateo, Rizal.
August 15, 2017
Page 48 of 54

MATEO, RIZAL. Pursuant to Ordinance No. 036-5-2017 the following acts are
prohibited:

a. lt is unlawful to install loud/power homs, homs of varying sounds, loud


stereos and other similar devices that emit noises of all types of vehicles
plying along the thoroughfares of San Mateo, Rizal.

b. Excessive blowing of horns of all types of vehicles plying along the


thoroughfar$ of San Mateo, Rizal which produce irritating sounds and
causing disturbance to the people.

c. Modified/open mufflers on all types of vehicles which increase the noise and
creates irritating sounds.

Any person who shall not comply with the above mentioned provision shall be
penalized by confiscation of the prohibited device and shall be fined as follows:

I't offense - A fine of Php1,500,00 and confiscation fee of Php200.00 per day to
retrieve said device.

2d offense - A fine of Php2,000.00 and confiscation fee of Php200.00 per day


to retrieve said device.

3rd and succeeding offenses - A fine of Php2,500.00 and destruction or


forfeiture in favor of the Municipal Government of the confiscated device.

SECTIOI.I t1. FINES AND PENALTIES IN VIOLATION OF SECTION 6, 7, AND 8 - ANY


person or business establishment found violating said sections shall be imposed
with a fine of:

I*t Offense - One Thousand Pesos (Php1,000.00) and issuance of Notice of


Violation

2nd Offense - Two Thousand Pesos (Php2,000.00) and lssuance of Cease


and Desist Order {CDO)

3'd Offense-Two Thousand Five Hundred Pesos (Php2,500.00), confiscation


of sound source and issuance of Closure Order

SECTION {2. ADMINISTRATIVE PROCEDURE AND IIIIIPOSABLE ADMINISTRATIVE FINES


-
Any entity who violates Section 2, 6, 7, and 8 hereof shatl be cited and
informed by the duly authorized inspection team regarding the nature of
infringement committed with corresponding administrative fines to be paid. lf the
violator is a corporation or other corporate entities, the president, manager, or
person responsible for its operation shall be held liable.

Refusal to pay the fines shall authorize the Head to cause the institution of
summary proceedings against the violator, or the filing of necessary criminal
charges in court.

1. 1*t Offense - An imprisonment of not less than fifteen days (15), or not more
than thirty (30) days
2. znd Offense * An imprisonment of not less than forty-five (45) days but not
more than sixty (60) days
3. 3'd Offense - An imprisonment of not less than ninety (90) days but not more
than 120 days.
Ordinanee N o. O il-S-?{, I 7
An ordinance providingtor the Environment
Code of Sar Mateo, Rizal.
Aagust 15, 2017
Page 49 of 54

$ECTION 13. COIf,PLAINT ON NUISANCE - A complaint on nuisance shall be done in writing


and signed by the community, neighborhood or con$iderable number of persons.
Such complaint shall be acted upon in accordance with this Code.

CHAPTER VIII
Envi ronmental Clearance

SECTION {. ENVIRONMENTAL CLEARANCE Every ownerloperator of business,


industrial, commercial, or agricultural establishment with potential source of
pollutionlnuisance (air, water, odor, noise, smoke) shall secure an Environmental
Clearance for purposes of enforcement and implementation of existing rules and
regulations on environmental concerns and industrial safety of the public, upon
payment of an annualfee in accordance with the following schedule:

Business Activity lnspection Fee


All Big-Scale Manufactuilng lndustries P1,500.00

Fu neral Parlor with Cre matori u m/Em balming Services


P1,500.00
and other similar activities

Sewage/Hazardous Waste Collector, Transpoder, and


P1,500.00
Treater
Fuel Depot and Fuel Storage Facilities P1,000.00
Sanitary Waste Landfills and Toxic Waste Treatment
P1,000.00
DisposalSites
HotellMotelslApartel lesll nn s P1,000.00
Welding ShopslAuto Repair and Painting
P1,000.00
Shops/Printing ShopslMachine Shops
Furniture ShopslRefrigerator Repair Shops P1,000.00
Garbage Contractors/Garbage Truck
P800.00
Termi nallTransfer Stations

Private Hospitals and Laboratories P800.00


Shopping CenterslMalls/Markets/Talipapa P800.00
Housing Development Projects (i.e. Residential
Subdivision), Parks (Memorial Parks included) P800.00

High-Rise Buitdings P800.00


Private Schools P800.00
Fast Food ChainslRestaurants P800.00
Am usemenURecreational laces (i. e. Sport Centers,
P
KTV, Videoke), Golf Courses and similar P600.00
establishments
Small-Scale Manufacturing lndustries P500.00
Transport Termin alslGarage/Trucking Services P500.00
Filling Stations and LPG Filling Stations P500.00
l

Ardinance No. 0#-5-201 7


An ordinance providing for theErwironment
Code of San Mateo, Rizal.
August 15, 2017
Page 5O of 51
x--,**--- Et,.n-,-x

Substations/Cell Sites P500.00


Foundry Shops and similar activities P500.00
Animal Farms/Piggery exceeding 25 heads P500.00
Canruash/Laundry Services/Funeral Parlors P500.00
Junkshops P300.00

SECTION 2, -
ENVIRONMENTAL PROTECTION OFFICER {EPO} All owners/operators of
business, industrial, commercial, or agricultural establishments/building shall
appoint or designate an Environmental Protection Ofiicer (EPO) duly accredited
by the Office for purposes of superuision and enforcement of existing rules and
regulations for the protection of the environment and to promote general welfare
and shall pay an Annual Accreditation Fee of Three Hundred Pesos (P300.00).

sEcTroN 3. OTHER PERMITTTHG REQUIREIIIENTS Other permitting requirements


deemed necessary for submission prior to the issuance of Environmental
Clearance shall be required, such as, but not limited to:

a. ronmental Com pliance Certificate from EM B-D ENR


E nvi
b. Certificate of Non-Coverage from EMB-DENR
c. Permit to Operate from EMB- DENR
d. Discharge Permit from LLDA
e. LLDA Clearance from LLDA
f. Hazardous Waste Generator LD.

SECTION 4. ADMINISTRATIVE PROVISION -The duly authorized inspection team of the


Office shall conduct an inspection of all industrial, commercial, and agricultural
business establishments in order to determine their propriety of operation
pursuant to the existing laws, rules, and regulations. Environmental Clearance
shall be issued to the owner after such inspection was conducted and found to
be compliant to such existing laws, rules, and regulations.

SECTIOH 5. ADMINISTRATIVE PROCEDURE AND IMPOSABLE ADMI}IISTRATIVE FINES


ON ADMINI$TRATIVE PROVISIONS -Business establishment found without
local and/or national permits at the time of inspection shall constitute violation of
the provisions of this Code and shall be duly informed and cited thereat by the
authorized inspection team regarding the nature of infringement committed with
corresponding fines to be paid. lf the violator is a corporation or other corporate
entities, the president, manager, or person responsible for its operation shall be
held liable. Pravided, that, if the business establishments can show proof of
payment of application for national permits, a six-month grace period shall be
extended to such business establishments.

a. Renewal of Environmental Clearance -Renewal of Environmental


Clearance issued by the Office shall be secured within the first month of the
current year pursuant to the existing Municipal Revenue Code and Local
Government Code. Failure to renew such clearance within the prescribed
period shall pay a fine of Php5,000.00 and Php5,000.00 for every succeeding
year of non-renewal.
Ardinance No. Ail-S.2Al 7
An ordinance providing far the Erxtironment
Code ofSan Nateo, Rizal.
August 15,2017
Page 51 of54

b. lmposable Administrative Fines for non-compliance

1. 1"t Offense - One Thousand Pesos (Php1,000.00) and advise for


cessation of operation until such time the violator fully complies within thirty
(30) days with the requirements of the existing laws, rules, and regulations.

2. 2'd Offense - Two Thousand Pesos (Php2,000.00i and the cessation of


operation until such time the violator fully complies within thirty (30) days
with the requirements of the existing laws, rules, and regulations.

3. 3'd Offense - Two Thousand Five Hundred Pesos (Php2,500.00) and the
imposition of a Closure Order.

Refusal to pay the fines shall authorize the Head to cause the institution of
summary proceedings against the violator, or the filing of necessary
criminal charges in court.

CHAPTER IX
lnstitutional Arra n gements

SECTION 1. THE OFFICE - Administrative cases on pollution and other forms of nuisance
shall be facilitated by the Office. As such, the Office is hereby authorized to
perform the following:

a. Formulate the Rules of Pleading, Procedures and Practice for Environmental


Cases in San Mateo, Rizal;

b. To hear and deliberate pollution cases whenever necessary;

c. lmposition of fines and penalties as provided in this Code;

d. To issue a Cease and Desist Order on pollution source (e.9. machine)


installed by the concerned business establishments that causes
pollutionlnuisance and that such equipmenUmachine has no corresponding
permits from the national government andlor localgovernment;

e. Recommend the issuance of a Cease and Desist Order {CDO) andlor Closure
Order (CO) of business to the Business Permits and Licensing Office;

f. To revoke or suspend Environmental Clearances issued by the Office;

g. To recommend to the proper government agencies the filing of appropriate


administrative charges against the violators of this Code;

h. To assist the public prosecutor in the litigation of cases, if needed.

SECTION 2. THE BUSINESS PERMITS AND LICENSING OFFICE (BPLO) -The Business
Permits and Licensing Office shall issue a Cease and Desist Order (CDO) andlor
Closure Order to the concerned business establishment as recommended by the
Department for non-compliance on its directives.

SECTION 3. PCILLUTION CONTROL BOARD (PCBI - A Pollution Control Board is hereby


created with the following member Departments/Offices to be represented by its
HeadlChief or thei r desig nated representatives :
A rdi nance No. 0 5ir-S-201 7
An ordinance providiag for the Environment
Code of San Mateo, Rizal.
August'r5, 2A17
Page 52 of 54

a. The Office (MENRO) Chairperson

b. Municipal Health Department Member

c. Municipal Building Official Member

d. Business Permits and Licensing Office Member

e. Mu nicipal Engineering Department Member

f. Municipal Planning and Development Office Member

g. Department of Public Order and Safety Member

h. Municipal Legal Department Member

i. Other Offices as may be deemed necessary

Its powers shall include the following:

a. To re-hear and deliberate pollution cases whenever the decision of the Office
on pollution cases is being contested by concerned respondents and/or
complainants.

b. To endorse pollution cases to the concerned national govemment agencies if


such cases require their intervention.

c. To determine liability for clean-up;


d. To assist the public prosecutor in the litigation of cases, if needed.

CHAPTER X
Public lnformation and Education

SECTION {. CONDUCT OF PUBLIC INFORMATION AND EDUCATION CAMPAIGNS - The


Office shall, in coordination with the barangays, conduct a massive continuing
information and educational campaign on environmental protection. Such
program shall:

a. Aim to develop public awareness of the ill-effects of, and the community-
based solutions to, environmental problems;

b. Concentrate on ac{ivities which are feasible and which will have the greatest
impact on the environmental problems of San Mateo, Rizal; and

c. Encourage the public, NGOs, and people's organizations to publicly endorse


and patronize environmentally acceptable products and technologies.

CHAPTER XI
Collection and Disposition of Fines

SECTION {' COLLECTION ANB DISPOSITION OF FINES - The fines collected in violation
of this Code shall accrue in favor of the following:
Ordi nan ce No. A il-5.20 I 7
An ordinance praviding for the Erwironment
Code of San Mateo, Rizal.
Augnsf 15,2017
?age 53 of 54

a. 50% to the Municipal Government General Fund

b. 40olo to the Office for Research and Development Fund for environmental
protection

10% for the incentive program of the Office for its personnel

CHAPTER XII

Final Provision

SECTION 1" IMPLEMENTING RULES AND REGULATIONS -The Office of the mayor in
consultation with key stakeholders (Municipal Environment and Natural
Resources Office, Municipal Health Department, Business Permits and Licensing
Office) may issue an implementing rules and regulations for the effective
implementation of this Code.

SECTION 2. ACCESSORY PENALTIES -ln addition to the imposable penalties for any
violation of this Environment Code, all improvements introduced, and all the
tools, equipment, devices and all conveyances used in the commission of the
offense shall be confiscated in favor of the Municipal Government.

SECTION 3. COMMUNITY SERVICE - lf the violator cannot pay the fine or penalty provided
in the preceding section, the Court may impose thirty (30) days community
service.

SEGTION 4. APPROPRIATIONS -For the effeclive implementation of this Code and upon
availability of funds, a sum sufficient in amount shall be appropriated and
included in the annual budget and/or supplemental budget of the Municipal
Government.

SECTIOH 5. SEPARABILITY CLAUSE -lf any provision, section, or part of this Code is
declared unconstitutional by a court of competent jurisdiction, such judgment
shall not affect or impair the remaining provisions, sections, or parts which shall
continue to be in force and effect.

SECTION 6. APPLICABILITY CLAUSE - All other matters relating to the impositions in this
Code shall be governed by pertinent provisions of existing laws and other
ordinances.

SECTION 7. REPEALING CLAUSE - All ordinances, rules and regulations, or parts thereof, in
conflict with, or inconsistent with any of the provisions of this Code are hereby
repealed or amended accordingly.
Ordinance Na. 4il.5.2017
An ardinance providing tor the Environment
Code of San Matea, Rizat.
August 15, 20't7
Page 52 of 52

SECTION 8. EFFEGTIVITY - This Code shall take effect within fifteen (15) days following its
publication in any nelrspaper of general publication.

DATE ENACTED: 15 August, 2017

l, HEREBY, CERTIFY to the correctness of


the foregoing ORBINANCE duly approved
by the 24h Sangguniang Bayan during its
56th Regular Session held at the
Sangguniang Bayan Session Hall, San
Mateo, Rizal.
(L,[-hil/*,,/-- t
GHERRIBEI- rU{ runrcet'A
OIC-SB Secretary

Attested and certified duly adopted:

EL E. DIAZ
;eMayor and
siding Officer

SANGGUNIAI{G BAYAH

PEDRO JAI

MARY GRACE C. DIAZ

J. SAN MIGUEL

LIGA PRES. EDILB

Approved by:

Mayor

DATE APPROVED:

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