Republic of the Philippines

Province of Davao del Sur

Davao City

AN ORDINANCE PROVIDING FOR VARIOUS MATERIAL RECOVERY FACILITIES

ALTERNATIVE TO COMMERCIAL ESTABLISHMENTS, PROVIDING INCENTIVES
THERETO, AND FOR OTHER PURPOSES.

(AUTHORS: NICCO ACAYLAR, CASSANDRA LAYSON, ARCHIEN CASSION)

Be it ordained, that:

ARTICLE I

General Provisions

Section 1.Title - This ordinance shall be known as Davao City Material Recovery
Facilities(MRF’S) Alternative to Commercial Establishments of 2019.

Section 2.Coverage - The ordinance shall apply to all commercial establishments

within the City of Davao.

Section 3.Declaration of Policies - It is hereby declared the policy of the City to

adopt and implement the use of MRF’s to commercial establishments to:

1. Ensure the protection of the environment and to promote the

general welfare of the residents of Davao City;

2. Ensure understanding of the basic aspects of MRFs in terms of design,

construction, and operations, as well as the parameters for a successful
and sustained operation.

3. Ensure that the function of the project is attained while producing

materials that will generate the highest possible revenues in the market.

4. Promote re-use, reduce and recycle of solid waste materials that can be
put to great long-term / indefinite use.

5. Encourage the participation of the business sector to successfully

implement the program.

6. Set target and guidelines in the implementation of the project.

 ARTICLE II

Definition of Terms

Section 4. Definition of Terms – For the purposes of this Ordinance:

a. Commercial Units - pertains to commercial and industrial establishments,

institutions, like hospitals, schools, churches, private offices, other
establishment of any kind and agricultural areas within the City of Davao;

b. Collection - shall refer to the act of removing solid waste from the source or
from a communal storage point;

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

placing of any solid waste into or in any land;

d. Ecological solid waste management - shall refer to the systematic

administration of activities which provide for segregation at source, segregated
transportation, storage, transfer, processing, treatment, and disposal of solid
waste and all other waste management activities which do not harm the
environment;

e. Environmental fee – a fee imposed to household, establishment, institutions,

and all waste generators as prescribed in RA 9003;

f. Ecobricks- a reusable building block created by packing clean and dry used
plastic into a plastic bottle to a set density. This can be packed with other
non-biological un-recyclables that, uncontained, are toxic to the environment;

g. Government Units – refers to Local Government Units such as the barangays

of the City of Davao;

h. Incentives – shall refer to reduction of real property tax and business permit
for commercial units;

i. Materials recovery facility – includes a solid waste transfer station or

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

j. Person(s)- shall refer to any being, natural or judicial, susceptible of rights

and obligations, or of being the subject of legal relations;

k. Recycled material- shall refer to post-consumer material that has been

recycled and returned to the economy;

l. Segregation - shall refer to a solid waste management practice of separating

different materials found in solid waste in order to promote recycling and re-
use of resources and to reduce the volume of waste for collection and disposal
 ARTICLE III

Material Recovery Facilities Functions

Section 5. Material Recovery Facilities Functions – The following functions shall be

performed by the CENRO (City Environment and Natural Resource Office).

1. Conduct of necessary studies (i.e., feasibility studies and environmental impact

assessment) related to collection, materials recovery facility (MRF), composting
and disposal facility of commercial establishments;

2. Formulate, review and refine procedures for MRF operations and enforcement,
including coordination with groups and sectors providing support to the MRF
program in the commercial establishments;

3. Formulate, review and refine incentives and command and control systems to
reinforce the proper practice of MRF’s.

4. Conduct information, education and communication campaigns;

5. Periodically monitor actual implementation of specific MRF initiatives;

6. Periodically prepare reports on the performance status and analysis of

implementation and enforcement of solid waste management ordinances;

7. Prepare annual work and financial plans.

ARTICLE IV

Responsibilities of Commercial Establishments

Section 6. Responsibilities of the producers and distributors. Producers and

distributors of commercial establishments located in the City of Davao shall have the
following responsibilities:

a) Monitor and track their products including the volume of their sales, imports,
storage and amount of the products they recycle;

b) Develop a comprehensive waste management system which includes the plans for
the collection, recycling, and/or treatment of their products subject to the
approval of the City ENRO;
 c) Maintain records of waste handled and make such records available to the
public;

d) Engage in a service contract with a recycling company that will be in charge in

recycling the used and discarded products they have manufactured or sold;

ARTICLE V

Incentive Programs

Section 7. Cash Rewards- For compliant commercial establishment, the LGU of

Davao shall provide cash incentives for exemplary implementation of extended producer
responsibility by the commercial establishment annually.

Section 8. Plaque of Recognition - For compliant commercial establishment, the

LGU of Davao shall give a plaque of recognition for its exemplary implementation of
extended producer responsibility by the commercial establishment annually.

Section 9. Reduction of local taxes, environmental fees and charges- The LGU is
encouraged either to reduce the amount of local taxes, environmental fees and charges
for compliant commercial establishments.

ARTICLE VI

Education

Section 10. Information, Education and Communication Campaign. The City ENRO
shall develop and implement an Information, Education and Communication campaign
in accordance with the implementation ordinance to the commercial establishments.

Section 11. Orientation/Seminar. Owners, managers, heads of markets,

commercial and industrial establishments shall be required to attend seminars on the
implementation of extended producer responsibility to be organized by the City.
Attendance to the seminar shall be a requirement to the issuance of the Solid Waste
Management Certificate issued pursuant to this ordinance. The City ENRO shall be
responsible for the preparation of the schedule and conduct of the seminar.

ARTICLE VII

Enforcement Mechanisms

Section 12.Enforcement Strategies and Guidelines– The CENR Office shall

formulate the strategies and guidelines for the effective and efficient enforcement of this
ordinance including practical incentives for the establishments and shall submit the
same to the City Mayor for approval.

Section 13.Monitoring and Evaluation – Enforcement activities will undergo

periodic monitoring and evaluation. The City will also consult with various sectors to get
their assessment and to identify with them areas for improvement.

ARTICLE VIII

Miscellaneous Provisions

Section 14.Implementing Rules and Regulations– The City Mayor is hereby

authorized to promulgate the implementing rules and regulations of this Ordinance, as
may be needed.

Section 15.Separability Clause.– If for any reason or reasons, any portion or

provision of this Ordinance or the application of such provision to any person or
circumstances is declared invalid, all other parts or provisions not affected shall thereby
continue to remain in full force and effect.

Section 16.Repealing Clause. – All ordinances, executive orders, rules and

regulations or parts thereof which are inconsistent with this Ordinance are hereby
repealed or modified accordingly.

Section 17.Effectivity. – This Ordinance shall take effect fifteen (15) days after a
copy hereof is posted in a bulletin board at the entrance of the city hall and in at least
two (2) other conspicuous places and after publication in a locally circulated newspaper.

Date Approved : September 19, 2019