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/ SP Records Section

DatePo~ed: ~atµ,.lQf1'
Date Pubished: ~'' ·13 -1 ~ 1-01
Republic of the Philippines Date Effectivilr, •lov, •· • -~
City of Iloilo
OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE MINUTES OF THE 31ST REGULAR SESSION OF THE gm


SANGGUNIANG PANLUNGSOD OF THE CITY OF ILOILO, PHILIPPINES, HELD
AT THE SESSION HALL, 6ra FLOOR NEW CITY HALL BUILDING, PLAZA
LIBERTAD, ILOILO CI'fY;ON TUESDAY, AUGUST 15, 2017.

PRESENT:
HON. JOSE S. ESPINOSA ID
City Vice Mayor & Presiding Officer

Hon. Joshua C. Alim Member


Hon. Lady Julie Grace L. Baronda Member
Hon. Ely A. Estante, Jr. Member
Hon. Jeffrey P. Ganzon Member
Hon. R Leone N. Gerochi, Asst. Floor Leader Member
Hon. Reyland V. Hervias, (Pres. Liga ng mga Brgy.) Ex Officio Member
Hon. Mandrie T. Malabor Member
Hon. Armand S. Parcon Member
Hon. Eduardo L. Pefiaredondo, Floor Leader Member
Hon. Jose Efrain G. Trefias III Member
Hon. Candice Magdalane A. Tupas, M.D. Member

ABSENT:

Hon. Plaridel C. Nava II (On Skk Letwe) Member


Hon. Liezl Joy Zulueta-Salazar (On Special Leave) Member

REGULATION ORDINANCE NO. 2017-127

AN ORDINANCE ESTABLISHING A SEPTAGE MANAGEMENT PROGRAM IN


ILOILOCITY

Sponsored by Hon. R Leone N. Gerochi,co-sponsored by Hon.


Rey/and V. Hervias, duly seconded by Hon. Lady Julie Grace L.
Baronda and Hon. Ely A. Estante, Jr.

WHEREAS, mandated by the new Clean Water Act of 2004 (R.A.9275) and other
existing laws and ordinances related directly or indirectly to wastewater and septage
management, the City of Iloilo, as a highly urbanized city is establishing a septage management
system;

WHEREAS, residence, businesses and institutions in Iloilo City are required to use septic
tanks for primary treatment;

WHEREAS, most of the septic tanks in the city are not properly designed, constructed or
regularly desludged;

WHEREAS, improperly disposed and untreated septic waste affects health by spreading
diseases, making water unfit for human consumption and other uses, contaminating groundwater,
threatening biodiversity, and reducing the quality of life of the citizens;

WHEREAS, groundwater is one of the city's water sources;


Reg. Ord No. 2017-127. Aug. 15. 2017 Page2

WHEREAS, the City is committed to the improvement, maintenance and conservation of


the ecosystem and the protection of public health;

WHEREAS, Section 7 of the Clean Water Act (R.A. 9275) provides, among others, that
each LGU may raise funds to subsidize necessary expenses for the operation and maintenance of
sewage or septage treatment facilities servicing their area of jurisdiction through local property
taxes and enforcement of a service fee system.

NOW, TIIEREFORE, be it ordained by the Sangguniang Panlungsod of the City of


Iloilo, in session du1y assembled, to enact the following ordinance.

ARTICLE I
Short Title

This ordinance shall be known as "AN ORDINANCE ESTABLISIIING A SEPTAGE


MANAGEMENT PROGRAM IN ILOILO CITY"

ARTICLE II

Section 1. - Coverage. - This ordinance shall apply to all buildings and structures:

a. All residential building including but not limited to, dormitories, boarding houses and bed
spaces offered for rent, retail stores and other businesses if the owner thereof actually live
therein.

b. All commercial buildings, including, but not limited to stores, malls, groceries, markets,
hotels, resorts, recreational establishment, poultries and livestock raising;

c. All industrial establishments, including, but not limited to factories and manufacturing
plants;

d. All government structures, including, but not limited to barangay halls, government
offices and public utilities;

e. Institutional structure, including, but not limited to schools, colleges, universities,


churches and health centers;

Section 2. - Pre-treatment for Commercial Facilities. - All commercial and industrial


stablishments generating wastewater containing substances of commercial nature such as, but
not limited to oil or fuel residue, metals or high volume of fats and grease and institutional
stablishments producing wastewater containing hazardous toxic, chemical, infectious and
adioactive waste shall be required to put in place appropriate treatment facilities or program
/ duly approved by the CENRO based on the existing effluent standards of the DENR.

ARTICLE ID
Definitions

Section 3. The words and phrases used in this ordinance shall mean as follows:

Alternative Waste Water Treatment Systems - Wastewater treatment system separate


and distinct from conventional septic tanks utilizing new technologies for treating wastewater.
Reg. Ord No. 2017-127. Aug. 15. 2017 Page 3

Communal Excreta Disposal System - an excreta disposal system serving a group of


dwelling units.

Desludging - the process of removing the accumulated sludge or septage from the septic
tank.

Digestion - a microbiological process that converts the chemically complex organic


sludge to methane, carbon dioxide and inoffensive humus-like material.

Domestic Sewage - sewage containing human excrement and liquid household waste.
Also called sanitary sewage.

Effluent - a general term denoting any wastewater, partially or completely treated, or in


its natural state, flowing out of a drainage canal, septic tank, building, manufacturing plant,
industrial plan, treatment plant, etc.

Freeboard or Airspace of a Septic Tank - the distance as measured from the maximum
liquid level line to the underside of the septic tank slab or cover.

Individual Excreta Disposal System - an excreta disposal system serving a dwelling


unit.

Septage - thickened and partially treated sewage that is removed from a septic tank.

Septic tank - a watertight receptacle, which receives the discharge of a sanitary


plumbing system or part thereof, and is designed and constructed to accomplish the
sedimentation and digestion of the organic matter in the sewage within the period of
detention/retention and to allow the liquid to discharge to a leaching field, sewer lines, a
combined sewerage network or directly to a secondary wastewater treatment facility.

Sewage - any wastewater containing human, animal or any organic waste matter in
suspension or solution including human excreta and urine and may possibly contain liquids
consisting of chemicals in solution.

Sewarage - a comprehensive term, including all construction for collecting, transporting,


pumping of sewage. Usually refers to a buried system of underground pipes.

Sludge - precipitated solid matter with a highly mineralized content produced by water
and sewage treatment processes.

ARTICLE IV
Septage Management System

Section 4. Excreta Septic Tank. - All houses/buildings shall have an approved excreta
septic tank for treatment of domestic sewage unless it is connected to a sewerage system with an
off-site waste treatment facility or connected to an on-site wastewater treatment facility.

Section 5. Desludging and Transfer of Septage - Liquid and/or solid materials from
septic tanks shall be removed and transferred by duly accredited hauler/pumper to a duly
accredited treatment facilities following the Department of Health guidelines and other
government regulations on desludging and transport of sludge, except those that are operating
under the authority and supervision of the MIWD.
Reg. Ord No. 2017-127. Aug. 15. 2017 Page 4

No septage hauler/pumper can unload or dispose of untreated septage in any other places
except through septage treatment facilities accredited by the CSMA, MIWD, DENR or any
agency or instrumentality of the Philippine Government including, but not limited to bodies of
water, agricultural fields and the drainage system within the city.

Haulers and pumpers operating within the city should secure business pennit and
accreditation from the City Septage Management Authority (CSMA).

Section 6. Septage Treatment and Disposal. All domestic septage must be processed
and treated before disposal in strict conformance with the DOH Operations Manual on the Rules
and Regulations governing Domestic Sludge and Septage and all other relevant national and
local laws. All septage facilities, including treatment and disposal facilities and septage truck
yards must maintain a hygienic and safe work environment. All facilities must be properly
designed, constructed, and maintained. Facility owners shall be responsible for ensuring that
effluent from all treatment facilities meets applicable national and local water quality standards,
through regular monitoring.

The septage treatment facilities must conform to the following conditions:

1. It is mandatory that all applicants with valid Environmental Sanitary Clearances


(ESC' s). Environmental Compliance Certificate (ECC' s), Discharge and Sanitary permits are
authorized to operate domestic sludge and septage processing and treatment facilities.

2. These operators shall also obtains all other necessary permits as required by existing
regulations.

3. The designated Pollution Control Officer (PCO) and owner of the STF shall be
responsible in ensuring the proper management and operation and shall be held liable for facility
or system failure.

4. Only sludge and septage with corresponding manifest forms shall be accepted by the
facility subject to monitoring and verification of the CSMA.

5. The treatment facility shall comply with existing standards and regulations of
regulating agencies, including disposal or treated effluent to the receiving environment.

6. Bio-solids generated by the Septage Treatment Facility shall be properly disposed of or


operly and safely used for agricultural activities as long as it confonns to alJ relevant national
and local laws on the matter.

/ 7. The owner of the septage treatment facility shall be responsible for ensuring that
residual bio-solids are properly managed.

8. The operations and maintenance plan shall also include provisions for reducing system
upset, including immediate actions to prevent the occurrence of foul smells and release of
partially treated effluent including noise pollution from the system.

9. That effluent must comply to the Existing Effluent Staodards of the DENR.

ARTICLEV
General Design and Construction Requirements of Septic Tanks

Section 7. General Requirements


Reg. Ord No. 2017~127. Aug. 15. 2017 Page5

Section 7.1. Buildings or Structures Proposed for Construction

a. No building permit for residential, commercial, industrial and institutional structures


shall be approved unless the design of the Sanitary/Plwnbing and septic tank
confonns to the specification set herein and other pertinent regulations. Whenever
applicable by existing laws, commercial and industrial establishments, such as, but
not limited to hotels, malls, apartelles, food processing plants, particularly those that
are expected to discharge strong or large amount of wastewater shall be required to
construct wastewater treatment or utilize appropriate treatment technologies to meet
the applicable effiuent standards.

b. Alternative wastewater treatment systems, except those that are operating under the
authority and supervision of MIWD, shall be duly approved and endorsed by the
CENRO.

c. It shall be the duty of the owner, administrator or contractor to infonn the concerned
agency that the newly constructed septic tank, sewage treatment facility or alternative
treatment system, with prior plan approval, is ready for inspection. The new system
shall not be covered or used until inspected and approved by the City Engineer's
Office (CEO)

Section 7.2. Existing Buildings or Structures

a. Owners of existing septic tanks that are not accessible for desludging are required to
repair or upgrade their tank so it can be desludged. If repairs are not possible, such
owners are encouraged to build a new septic tank that will comply with the
provisions set herein.

b. The cost of repair and upgrading of septic tanks shall be borne by the owners.

c. Communal of shared septic tanks can be used alternatively whenever feasible,


particularly for existing clustered structures that are highly dense and characterized
by lack of or inadequate land space. The design and the manifest of ownership and
joint maintenance shall go through an approval process as determined by the City
Government, through the CSMA.

d. Whenever applicable, commercial and industrial establishments, such as, but not
limited to hotels, malls, apartelles, food processing plants, particularly those that are
expected to discharge strong or large amount of wastewater shall be required to
construct treatment facilities or utilize appropriate technologies to meet the
applicable effiuent standards.

Section 7.3. Communal Septic Tanks

a. For existing/old subdivisions and residential dwelling units where septic tanks or
other mode of treatment is absent or lacking, the residents shall be required to build
individual or shared septic tanks based on regulatory standards set by the CSMA
and other National Laws

b. In the event the communal septic tanks are proposed, affected residents shall
organize themselves and agree to bear the cost of constructing, operating and
maintaining them. Moreover, the group shall obtain the approval of the Barangay
Council and Homeowners Association before the communal facilities are
constructed.
Reg. Ord No. 2017-1275. Aug: 15. 2017 Page6

a. New subdivisions are required to include individual or shared septic tanks as part of
their building plan that will submitted.

b. Payment for the operations, maintenance, and desludging of the communal septic
tanks shall be made by the residences that are connected to said septi tanks.

c. Whenever possible, the City, through the barangay local government unit in the area,
shall construct Communal Toilets and/or Septic Tanks in areas where there are
informal settlers who cannot afford to build one. The maintenance of aforestated
toilets and/or septic tanks which shall be administered by the said barangay and borne
by the users. The cost of construction shall be borne by the City through its annual
appropriation for the implementation of this Ordinance and may, thereafter, be
charged to the users. Payment hereof may either be in the form of installment or
through user fees.

d. Communal septic tanks shall follow the specifications provided by the National
Building Code, National Plumbing Code and other such standards.

Section 8. Specifications. Septic tanks shall be designed and constructed in compliance


with the mandate set forth in the National Building Code, National Plumbing Code and the Code
on Sanitation of the Philippines.

ARTICLE VI
The City Septage Management Authority

Section 9. Composition. The CSMA shall be created and will be composed of


representatives from the City Environment and Natural Resources Office, City Health Office,
General Services Office, City Treasurer's Office, City Legal Office, City Engineer's Office,
Metro lloilo Water District (MIWD), Department of Natural Resources Office Environmental
Management Bureau, Department of Public Works and Highways, Academe, representative from
Association of Brgy. Captains and a Non-Government Organization (NGO) who shall be
appointed by the City Chief Executive and from the NGO member of the City Development
Council.

Section 10. Functions. The CSMA shall:

a. Formulate and establish guidelines in the accreditation of all septage haulers, pumper
including septage treatment facility operators within Iloilo City except those that are
operating under the authority and supervision of the MIWD.

b. Formulate and establish reasonable rates and payment scheme for desludging, hauling
and treatment services for which public hearings or consultations must be conducted,
as a requirement;

Act as policymaking body, clearing house of complaints, regulating body, providing


support to the existing local executive departments and approving program
development authority for service providers. It will endeavor to ensure that there will
be no duplication of functions or regulations with any existing government agency or
instrumentality.

d. Cause the conduct of a survey immediately after the effectivity of this Ordinance, of
all properties and premises to gather data for the effective implementation of this
Reg. Ord No. 2017-127. Aug. 15. 2017 Page 7

Ordinance such as the presence of a compliant septic tank in every household or


establishment. location of existing septic tanks as well as water sources such as wells
or jetmatic pumps within the barangays. and other such relevant data, and likewise to
unsure that such data is updated regularly. Prior notice shall be given property
owners to facilitate inspection and provide assistance to the CSMA representatives.

e. Serve notices of non-conformance or non-compliance to the provisions of this


Ordinance to the owners/administrators, or occupants, and set reasonable periods
within which to comply, which in any case should not exceed one year;

f. Issue a certificates of compliance to the property owners who are deemed to have met
the minimum requirements for septic tanks. For new developments, the occupancy
permit issued by the building officials shall serve as certificate of compliance until
the CSMA conducts another round of inspection.

g. Plan and implement an information and education program on wastewater


management and the city's septage management system.

h. The function of the CSMA shall not affect or hold prejudice to any operations of the
mandate and functions of the National Government agencies and water utilities.

I. Coordinate with all water and sanitation regulatory bodies in the city including the
Iloilo River Development Council (IRDC), the Iloilo Watershed Management Board,
the Iloilo Water Quality Management Area Board and other River Basin
Organizations in the Province oflloilo.

Section 11. Responsibility of Barangay Officials. - All barangays in the City of Iloilo
headed by the Punong Barangays or Barangay Captains in coordination with CSMA, CENRO
and City Health Office-Sanitary Division, are required to conduct an inventory or mapping of
households who do not have septic tanks and likewise, households with existing septic tanks that
do not comply with the standards, including inventories on wells, jetmatic pumps and other such
data which are needed in the effective and efficient implementation of this ordinance.

Section 12. Monitoring and Evaluation. Close monitoring of all activities in the
treatment facility shall be conducted by the CENRO in conjunction with the operations and
maintenance plan that will be contained in the operational guidelines of each treatment facility.
Adverse effects of the project shall be mitigated and considered top priority in the operations and
maintenance of the facilities. Any environmental change/hazard attributed to the project
implementation shall be immediately addressed.

Section 13. Desludging. Septic tanks require desludging on an average of once every 5
years.

a. The CENRO shall keep a record of all owners/administrators of buildings and


( structures who have desludged their septic tanks, those that are inaccessible, those
that do not have septic tanks and those that do not have water-sealed toilets and other
data that may be deemed necessary by the CSMA. CENRO is encouraged to maintain

f a high-level data management and archiving system for reliable and updated
information on the program.

of{
Rer. Ord No. 2017-127. Aur. 15. 2017 PageB

b. All seIVice provider shall implement and adhere to the rules and regulations set forth
by the Department of Health and other government agencies in handling,
transporting, treatment and disposal of septage.

c. All service provider shall develop a desludging program or scheduling, contract


allotment and contract oversight given the required frequency, density of locality and
distance to the treatment plant. A barangay coordinator shall be provided as part of
operations of the service provider.

d. That CSMA shall strictly implement an accreditation system and operational


guidelines for private desludging service providers that would like to operate in the
city including but not limited to securing an Environmental Sanitation Clearance
(ESC) and Environmental Compliance Clearance which is discussed more thoroughly
in the roles and regulations set forth by the Department of Health (DOH) and DENR-
EMB in handling, transporting treatment and disposal of septage.

e. Manifest fonns shall be presented and be duly signed by the resident or commercial
establishment representative (and an official of the barangays if needed). These shall
be presented to the CSMA and CENRO for validation and duplicates be provided to
concerned parties for record keeping. Manifest fonns shall be completed in
accordance to DOH requirements.

f Licensed/Accredited seepage haulers/pumpers and desludging companies shall


maintain, at a minimum the following:

a. Copies of Manifest Fonns


b. A Log Book/database listing daily desludging locations and volumes and spillage
incidences..
c. Inventories of tools, equipment, vehicles and staff

g. Companies shall retain their records for a minimum of five (5) year.

Section 14. Accidental Spillage. Spillage and Leakage must be immediately mitigated
to avoid environmental and health problems. It is the responsibility of the collection operator to
check the safety equipment daily before proceeding to a collection site. Any safety equipment
deficiencies shall be reported to the supervisor. Further, after the desludging operation, the
operator must clean and disinfect any minor spills with bleach solution or any other disinfection
process.

All spills larger than one ( 1) liter shall require the desludging company to:

1. Take immediate action to contains sludge/septage, minimize the environmental impact


and begin clean-up procedures. To the extent possible, the operator shall contain the spiJI
using a containment trends and disinfect using bleach solution or lime in the area. Then
the operator shall collect the solids (suing rakes, brooms, and/or shovels) and dispose of
as solid waste.
2. Notify the CENRO within twelve (12) hours, using the proper Accidental Spillage
Notification Form.
3. Have all spill clean-up operations certified by a qualified staff member from the CENRO
as sufficiently remediate upon completion of clean-up procedure.
Reg. Ord No. 2017-127. Au~ 15. 2017 Page9

4. If a desludging company fails to completely to perform clean-up operations, the CENRO


shall perform the clean-up and issue a notice of violation to the erring company and shall
charge the company for all additional expenses associated with the clean-up.

Section 15. Funding. The City Government shall allocate necessary funds or access all
forms of financing or means to pay to support capital expenditures and operating and
maintenance expenses of the septage management program.

Section 16. Desludging fee. Whenever deemed viable the city shall collect desludging
fee to fund the city's septage management program.

Section 17. Violations and Penalties.

Section 17.1 Issuance of Non-Conformity. The CSMA shall issue a notice of


non-conformity to property owners or administrators who do not have a septic
tank, whose septic tank is not designed properly, or is inaccessible for
desludging unless they have an alternative system approved by the CENRO.

Section 17.2 Penalties. The owner of a non-complying establishment or


household, who fails to comply with the provisions of this Ordinance within
the period given by the CSMA for compliance, which in any case shall not
exceed one (I) year from notice shall, after proper court procedings, be
subject to penalties, as follows:

a. For first time offenders, a fine ofP 5,000.00


b. For subsequent violations, a fine of P5,000.00, and imprisonment of not
less than one day or more than one year, at the discretion of the court plus
cancellation of business permits for commercial establishments.

Section 17.3 Violation of Section 14 of this Ordinance shall, after due


proceedings, subject the owner, or the president of the corporation, liable for
the penalties set forth under Section 17.2 of this Ordinance./

Section 17.4 The penalties to be imposed in this Ordinance shall only be


applied after the CSMA submits an operational/desludging plan to be
implemented after three (3) years.

The provision of this Ordinance shall be implemented in accordance to its


rationale to protect the environment especially the ground water resources of
the city with due regard to the existing circumstances that might temporarily
necessitate the delay of its full implementation.

ARTICLE VII
/ Final Provision

~ Section 18. Provisions of existing laws and ordinances, insofar as they are relevant and
applicable, shall supplement the provisions of this Ordinance for the purpose of establishing a
feasible system that will work for the benefit of the City oflloilo.

Section 19. Separability Clause. If for any reason any portion or provision of this
ordinance is declared unconstitutional or invalid, the other sections or provisions thereof which

f are not hall continue to be full force and effect.

,___...-,,?(
Reg. Ord No. 2017-127. Aug 15. 2017 Page JO

Section 20. This ordinance shall fonn as an integral part of the Environmental Code in
the City of Iloilo.

Section 21. Implementing Rules and Regulations. Within sixty (60) days after the
approval of this ordinance the CSMA shall convene and prepare the Implementing Rules and
Regulations of this ordinance.

Section 22. Effectivity. This ordinance shall take effect ten (10) days after its
publication in a newspaper of general circulation in Iloilo City.

ENACTED, August 15, 2017.

I hereby certify to the correctness of the above quoted ordinance.

Secretary to

ATTESTED & CERTIF


TO BE DULY ENACTED: APPROVED:

City

1'nats