TABLE OF CONTENTS
CHAPTER 1: GENERAL PROVISIONS...... 5
SECTION 1. TITLE…………………………………………………………………………5 SECTION 2. STATEMENT OF PURPOSE...... 5 SECTION 3. BASIC PRINCIPLES...... 6 SECTION 4. MANAGEMENT DIRECTION...... 8 SECTION 5. GOVERNING LAWS...... 9 SECTION 6. DEFINITION OF TERMS...... 9 CHAPTER 2: LAND RESOURCES MANAGEMENT...... 16
SECTION 7. STATE OF THE RESOURCE...... 16 SECTION 8. BASIS FOR ACTION...... 17 SECTION 9. PRODUCTION LAND USE...... 17 SECTION 10. MEASURES AND COURSES OF ACTION...... 18 SECTION 11. COMPREHENSIVE LAND USE PLANNING...... 18 SECTION 12. PROVISION FOR ENVIRONMENT FRIENDLY TOURISM DEVELOPMENT...... 19 CHAPTER III: FOREST RESOURCES...... 20
SECTION 13. PROTECTION OF FOREST RESOURCES...... 20 SECTION 14. REFORESTATION...... 21 SECTION 15. SLASH AND BURN FARMING (KAINGIN)...... 22 SECTION 16. GUIDELINES IN THE UTILIZATION OF NATURAL GROWN AND PLANTED TREES...... 22 SECTION 17. INVENTORY OF TREES...... 23 SECTION 18. PLANT AND ADOPT-A-TREE PROGRAM...... 23 SECTION 19. REGISTRATION OF POWER SAWS...... 23 SECTION 20. PROTECTION AND CONSERVATION OF FLORA AND FAUNA...... 23 SECTION 21. INTER-CITY-MUNICIPAL AGREEMENTS AGAINST THE TRAFFICKING OF BANNED FLORA AND FAUNA...... 24 SECTION 22. PROTECTION OF WATERSHED AREAS...... 25 SECTION 23: STRATEGY...... 25 SECTION 24. SPECIAL PROVISIONS...... 26 SECTION 25. MAINTENANCE OF PRODUCTIVITY OF AGRICULTURAL LANDS...... 26 SECTION 26. SOIL MANAGEMENT...... 27 SECTION 27. DISCOURAGE CONVERSION OF AGRICULTURAL LANDS...... 28 SECTION 28. INDUSTRIAL ZONES...... 29 SECTION 29. ENVIRONMENTAL MANAGEMENT OF URBAN BUSINESS ESTABLISHMENTS...... 30 SECTION 30. URBAN FORESTS, GREENBELT AREAS, PARKS & WILDLIFE PRESERVES AND OPEN SPACES...... 30 SECTION 31. TOURISM AREAS...... 31 SECTION 32. GREENING OF ROADSIDE AND OPEN SPACES...... 31 CHAPTER IV: MINERAL RESOURCES...... 32
SECTION 33. LOCAL MINING ACTIVITIES...... 32 SECTION 34. EXTRACTION OF MINERAL RESOURCES (SAND AND GRAVEL, LIMESTONE AND CLAY)...... 32 CHAPTER V: WATER RESOURCES...... 32
SECTION 35. WATER AND MANAGEMENT FRAMEWORK...... 32 SECTION 36. STRATEGY...... 34 SECTION 37. AUTHORITY TO GRANT AND REGULATE USER PRIVILEGES...... 35 SECTION 38. INVENTORY AND CLASSIFICATION OF WATER RESOURCES...... 36 SECTION 39. PRIORITY USES...... 36 SECTION 40. EFFLUENT AND POLLUTION CONTROL IN WATER RESOURCES...... 37 SECTION 41. PROMULGATION OF CITY FISHERIES ORDINANCE...... 37 SECTION 42. INDUSTRIAL WASTEWATER TREATMENT...... 38 SECTION 43. PRECAUTIONARY MEASURES AGAINST WATER POLLUTION...... 38 SECTION 44. CONSERVATION OF WATER SOURCES...... 39 CHAPTER 6: AIR AND NOISE POLLUTION MANAGEMENT...... 41
SECTION 45. SCOPE OF POWER...... 42 SECTION 46. AIR QUALITY PLAN FORMULATION...... 42 SECTION 47. ESTABLISHING AMBIENT AIR QUALITY COMPLIANCE...... 42 SECTION 48. FUGITIVE PARTICULATES...... 43 SECTION 49. STORAGE AND HANDLING OF VOLATILE COMPOUNDS...... 44 SECTION 50. MITIGATING CARBON DIOXIDE EMISSION...... 44 SECTION 51. REDUCING EMISSION OF OTHER GREENHOUSE GASES...... 45 SECTION 52. PREVENTION OF OPEN BURNING...... 45 SECTION 53. MITIGATING OFFENSIVE ODORS...... 46 SECTION 54. NOISE REDUCTION...... 46 CHAPTER 7: WASTE MANAGEMENT...... 47
SECTION 55. STRATEGY...... 47 SECTION 56. ANTI-LITTERING AND PROVISION OF TRASH CANS AND BINS...... 48 SECTION 57. DISPOSAL OF SOLID WASTE...... 48 SECTION 58. PROHIBITION OF DUMPING OF SOLID WASTE IN WATER CHANNELS AND BODIES ...... 48 SECTION 59. HAZARDOUS WASTE/CHEMICALS...... 49 SECTION 60. DISPOSAL OF HOSPITAL, FUNERAL, SLAUGHTERHOUSE AND GASOLINE STATION WASTES...... 49 SECTION 61. OTHER RESTRICTIONS OF WASTE DISPOSAL...... 50 CHAPTER 8: INTITUTIONAL DEVELOPMENT, INFORMATION AND EDUCATION CAMPAIGN...... 50
SECTION 62. ESTABLISHMENT OF ENVIRONMENTAL DATABANK...... 50 SECTION 63. COMMUNITY EDUCATION...... 51 SECTION 64. EDUCATION AND ENVIRONMENT PROTECTION AND MANAGEMENT...... 51 SECTION 65. INSTITUTIONAL LINKAGES FOR ENVIRONMENTAL MONITORING...... 52 SECTION 66. INTER-CITY-MUNICIPAL-COOPERATION...... 52 SECTION 67. HUMAN RESOURCE DEVELOPMENT AND CAPACITY BUILDING...... 53 SECTION 68. PROPOSED ENVIRONMENT OFFICE OF THE CITY OF MALAYBALAY...... 54 CHAPTER 9: PENALTIES AND SANCTIONS...... 58
SECTION 69. PENALTIES...... 58 SECTION 70. PLEA-BARGAINING AGREEMENT...... 58 SECTION 71. NATIONAL LAW AND ORDINANCE...... 58
Malaybalay City Environmental Code Page 2 of 59 SECTION 72. ADMINISTRATIVE SANCTIONS...... 58 CHAPTER 10: MISCELLANEOUS PROVISIONS...... 59
SECTION 73. POLLUTER PAYS PRINCIPLE...... 59 SECTION 74. FINANCING THE CODE...... 59 SECTION 75. PROGRESSIVE AND SUSTAINED LAND MANAGEMENT...... 60 SECTION 76. COMMUNITY ADOPTION OF RIVERS AND OTHER WATER BODIES...... 60 SECTION 77. FUNDING WATER RESOURCE DEVELOPMENT AND MANAGEMENT...... 61 CHAPTER 11: FINAL PROVISIONS...... 61
SECTION 78. SEPARABILITY CLAUSE...... 61 SECTION 79. REPEALING CLAUSE...... 62 SECTION 80. EFFECTIVITY...... 62
Malaybalay City Environmental Code Page 3 of 59 Republic of the Philippines Province of Bukidnon CITY OF MALAYBALAY * * * Office of the Sangguniang Panlungsod
EXCERPT FROM THE MINUTES OF THE 27TH REGULAR SESSION OF THE SECOND SANGGUNIANG PANLUNGSOD OF THE CITY OF MALAYBALAY, BUKIDNON, HELD AT THE SP SESSION HALL ON JULY 15, 2003.
PRESENT: Hon. City Vice Mayor Nicolas C. Jurolan, Presiding Officer Hon. City Councilor George D. Damasco, Sr. Hon. City Councilor Ignacio W. Zubiri, Hon. City Councilor Provo B. Antipasado, Jr. Hon. City Councilor Liberato P. Tortola Hon. City Councilor Manuel L. Dinlayan Hon. City Councilor Aurora F. Deticio Hon. City Councilor Conrado M. Barroso Hon. City Councilor Wilfredo M. Bides Hon. City Councilor Violeta T. Labaria Hon. City Councilor Clarita C. Carbajal Hon. City Councilor Rhea Vyel C. Maskariño Official Business: Hon. City Councilor Amado C. Estrada
ABSENT : N o n e ------
EXPLANATORY NOTE Authored by: Hon. Wilfredo M. Bides
In June 6, 1977, President Ferdinand E. Marcos, issued Presidential Decree 1152, otherwise known as the Philippine Environment Code. This was in cognizance of the urgent necessity of managing and maintaining the environment and the ecosystem as a whole.
This was further emphasized 15 years later during the United Nations Conference on Environment and Development (Earth Summit) attended by 178, in Rio de Janeiro, Brazil.
Malaybalay City Environmental Code Page 4 of 59 Agenda 21 of the Earth Summit covered concerns on environmentally safe and sustainable development and the necessary action that will have to be undertaken by governments to prevent further destruction/deterioration of the environment and ensure a sustainable utilization of natural resources.
The Local Government code (RA 7160) provided for the devolution to local government units the responsibility of environment management and the maintenance of ecological balance. Hence the necessity for a local environment code which will serve as a legal policy framework and a basis for an effective exercise of the local government’s regulatory powers over the environment and to ensure that the ecosystem is sustained.
ORDINANCE NO. 523 Series of 2003
AN ORDINANCE APPROVING AND ENACTING THE ENVIRONMENT CODE OF THE CITY OF MALAYBALAY.
Be it ordained by the Sangguniang Panlungsod of the City of Malaybalay, this 15th of July 2003, that:
CHAPTER 1: GENERAL PROVISIONS
Section 1. This Ordinance shall be known and cited as the Environment Code of Malaybalay City
Section 2. Statement of Purpose
The Environment Code of Malaybalay shall be the legal policy framework for a comprehensive management of the environment and natural resources of the city. It shall be the basis for the attainment of sustainable development goals through the institution of legislative measures and reforms to facilitate the effective implementation of local environment management programs, projects and activities to ensure the
Malaybalay City Environmental Code Page 5 of 59 attainment of a better quality of life in the context of ecological, social and economic security.
The rapid increase of population, conversion of natural areas into farmlands and grazing areas, coupled with intensive use of chemicals have caused serious contamination of the land, decreased soil fertility, denudation and erosion. Likewise, erosion is claimed to have caused the drying-up of surface water and depletion of precious groundwater.
Section 3. Basic Principles
The Environment Code of Malaybalay, is based on the following basic principles:
a) Integration. The Code is comprehensive in scope. The policies, strategies
and local initiatives shall be consistent with international covenants (e.g.
global Agenda 21, Convention on Biological Diversity, among others) entered
into by the Philippine Government, and national policies, plans and programs
on sustainable development, as embodied in Philippine Agenda 21: A
National Agenda for Sustainable Development for the 21st Century, that was
put into operation by Presidential Memorandum Order No. 399, dated 26
September 1996.
b) Interdisciplinary. The Code recognizes the importance of diverse fields of
knowledge that include natural, social, economic, biophysical, engineering,
science and technology, as well as, traditional and indigenous ecological
knowledge.
c) Precautionary Principle. The Code provides the basis for pro-active
policies to caution the impact of potential adverse environmental and
Malaybalay City Environmental Code Page 6 of 59 ecological damage of anthropogenic and natural activities. It shall serve as a
guide to policy makers in adopting immediate action using the best available
knowledge in situations where there is probable reason to believe that
human-induced activities or natural processes are causing or threatening
severe or irreparable damage to the environment – even in the absence of
conclusive scientific evidence establishing a casual link.
d) Polluter Pays Principle. The Code adopts the principle wherein polluters
must pay the cost of pollution upon the community and environment in what
is called a negotiated compensation for damages done to the physical
environment.
e) Intergenerational Equity. The Code ensures sustainable development
through equitable access to goods and resources for the present and future
generations.
f) Public Participation. The Code assures public access to appropriate
information held by the City Government and its instrumentalities in order to
ensure an active and sustainable participation of the people in the decision
making process. This enables stakeholders to convey a sense of ownership
to the issues being addressed and to the interventions and solutions that are
decided upon where necessary. This is also a way to decentralize
responsibility for environmental protection and conservation and ultimately
empower communities without using the coercive power of the State or local
government.
g) Indigenous and Community-Based Management. The Code recognizes
the effective traditional ecological knowledge or indigenous practices of
environmental management. It also recognizes the rights and responsibility
Malaybalay City Environmental Code Page 7 of 59 of local and indigenous communities to conserve and protect the environment
and natural resource.
Section 4. Management Directions
This code shall be the primary basis for guiding the City Government of
Malaybalay in pursuing its environmental management initiatives. It shall respect all relevant national and local laws in relation to the provisions stipulated in this code.
It shall be the policy of the City Government to ensure, for the benefit of its people of the present and future generations, the efficient utilization, disposition and management on a sustainable basis of its environmental resources. The underlying purpose of the enactment of measures to protect the environment, seen in its broadest socio-economic sense, is to enable the citizens to critically understand the potentials and challenges facing the management of the resources and to mobilize local efforts towards the desired objectives. Environmental legislation should not be limited to the direct curtailment of activities and processes that are inimical to the preservation of the environment, but more importantly, it should guide the people and enable them to react to and comply with the purpose of the legislative measure. Environmental management is not the management of resources per se, but it is, to a great extent, the management of people.
Thus the city shall pursue to the highest extent possible, in support of the government thrust on Environmental Management endeavors to achieve a sound and ecologically balanced environment that can be enjoyed by the people.
Section 5. Governing Laws This Code shall be governed by, but not limited to, the following national laws:
Malaybalay City Environmental Code Page 8 of 59 a) PD Nos. 1151, 1152 & PD 984 – the National Pollution Control Decree of
1976
b) Presidential Decree No. 1181 entitled “Providing for the Prevention,
Control and Abatement of Air Pollution from Motor Vehicles and for Other
Purposes”
c) Republic Act 3981 – the Pollution Control Law
d) Republic Act No. 7160 – the Local Government Code of 1991
e) Republic Act No. 8479 – the Philippine Clean Air Act of 1999.
f) Resolution No. 2001 – 090 (Resolution enacting an Ordinance Adopting
and Approving the Environmental Code)
Section 6. Definition of Terms
1. Air Pollutant – any matter found in the atmosphere other than oxygen, nitrogen,
water vapor, carbon dioxide, such as smoke, dust, soot, cinders, ash, solid particles
of any kind, gasses, fumes, mist, odors and radioactive substances.
2. Airborne Dust or Dust – minute particles released into or carried into the atmosphere
by natural forces or by any fuel-burning, combustion, or process, equipment or
device, or any construction work, or by mechanical or industrial processes.
3. Ambient Air Quality – the average atmospheric purity as distinguished from
discharge measurements taken at the source of pollution. It is the general amount of
pollution present in a broad area.
4. Emission – the passing into the atmosphere, air contaminants, pollutants, gas steam,
unwanted sound from a known source.
Malaybalay City Environmental Code Page 9 of 59 5. Effluent Standards – restrictions established to limit levels of concentration, qualities,
and rates of physical, chemical, and biological constituents which are discharged
from point sources.
6. Fuel Burning Equipment – any equipment, device or contrivance, which uses fuel for
its operation, such as combustion engines, steam engines, kilns, oven, etc.
7. Fugitive Emission –emission that escapes a capture system and becomes airborne
as a result of industrial operation.
8. Greenhouse Effect – the warming of the Earth’s surface that results when the Earth’s
atmosphere traps the sun’s heat.
9. Particulates or Suspended Particulates – any material which exists in the
atmosphere in a finely divided form as liquid or solid.
10. Smoke – gas-borne particulates resulting from incomplete combustion, consisting
predominantly, but not exclusively, of carbon, ashes, or other combustion material.
11. Standard or limit – the concentration of any air contaminant which in order to protect
public health and welfare, shall not be exceeded at a particular region or zone, and
at a specified period of time.
12. Volatile Organic Compound – any compound containing carbon and hydrogen in
combination with any other element. Organic compounds of carbon which are
liquids at standard conditions and which are used as dissolvers, viscosity reducers
or cleaning agents.
13. Aquatic Pollution - the dumping of solid, liquid and hazardous waste into rivers,
streams lake, ponds and other bodies of water which are harmful to the aquatic
resources.
Malaybalay City Environmental Code Page 10 of 59 14. Aquatic Resources – living resources of the aquatic environment, like fish,
crustaceans, snails, clams, watergrass, moss and other living organisms vital to
biodiversity.
15. Fishery – activities -related to the act or business of gathering, culturing, preserving
and marketing of fish and other aquatic products.
16. Illegal Fishing Methods – manner of fishing which cause damage to the ecological
processes and habitat of aquatic life and its neesdless depletion. This include the
use of dynamite and other explosive devices, toxic chemicals and electrical gadgets.
17. Water Bodies – include rivers, streams, books, creeks, lakes, ponds, marches,
springs and subterranean water within the territorial jurisdiction of the city.
18. Subterranean Waters – water found underground in acquifers.
19. Agricultural Land – lands which are neither classified as public domains, mineral
land or national park.
20. Alienation, Disposition or Concession – any of the modes authorized by the Land
Code of the Philippines for acquisition, lease or use of lands of the public domain
other than forest, mineral or national park.
21. Assisted Natural Regeneration (ANR) – the process of rehabilitating denuded forest
lands by taking advantage of trees already growing in the area. This usually
involved the following activities: Locating and releasing indigenous trees,
maintenance and augmentation planting and protection.
22. Buffer Zones – identified areas outside of the boundaries and immediately adjacent
to designated protected areas that need special development control in order to
avoid or minimize harm to protected areas.
23. Commercial Lands – portions of alienable and disposable lands of the public domain
classified as suitable and intended for trading of goods and services.
Malaybalay City Environmental Code Page 11 of 59 24. Contract Reforestation – implementation of reforestation activities through written
agreement with the community or local government.
25. Cover crop Planting – process of conditioning denuded areas which are highly
cogonal, rocky or erodible by planting creeping leguminous perennials such as
kudzu calopogonium, stylosanthes, desmodium, lablab, beans, psophocarpus,
patani or by planting suitable non-legumes such as morning glory vines, wild
sunflower and kikuyu grass, in order to improve soil fertility, organize matter and
water holding capacity prior to or concurrent with the planting of trees and other
perennials in such areas.
26. Enrichment Planting – process of interplanting fuelwood, timber and non-timber
trees in adequately stocked reforestation projects previously implemented for the
purpose of increasing wood supply for the people and enhance the income
generating potential of such projects.
27. Farmlands – lands intended for or actually devoted to the production of food,
including plantations, except fishponds.
28. Income – Enhancement Planting – process of inter-cropping fuelwood and
foodcrops in areas planted with trees and perennials to produce income from this
area while waiting for the trees to mature.
29. Industrial Lands – lands within such zones established by the local government for
the manufacture and production of goods and commodities.
30. Land Classification – assessment, appraisal and determination of land potentials
which include survey and classification of land resources and the study and
mapping of lands.
31. Land Reclassification – subsequent classification, allocation and disposition of
alienable and disposable lands into specific uses.
Malaybalay City Environmental Code Page 12 of 59 32. Land Resources – all terrestrial, subterranean and all geographical features and
land masses of the public domain and private domain within the geographical
jurisdiction of the local government unit, including all the flora and fauna, minerals
and acquatic resources that dwell of exist upon it.
33. Land Use Planning – act of defining the allocation, utilization, development and
management of all lands within a given territory or jurisdiction according to the
inherent qualities of the land itself and supportive of the economic, demographic,
socio-cultural and environmental objectives as an aid to decision making and
legislation.
34. National Park – forest reservation essentially of natural wilderness which has been
withdraw from settlement, occupancy or any form of exploitation, except in
conformity with approved management plans, and set aside as such exclusively to
conserve the area or preserve the scenery, the natural and historic objects, wild
animals and plants therein and to provide enjoyment from these features in the
area.
35. Natural Park – a relatively large area not materially altered by human activity where
extractive resources uses are not allowed and maintained to protect the outstanding
natural and scenic areas of natural growth for scientific, educational and recreational
uses.
36. NIPAS – the National Integrated Proctected Area System is the classification and
administration of all designated proctected areas to maintain essential ecological
processes and life-support, to preserve genetic diversity, to ensure sustainable use
of resources found therein, and to maintain their natural conditions.
37. Population, Resource and Environmental Balance – a condition where there is
harmonious interaction between and among population, resources and environment
Malaybalay City Environmental Code Page 13 of 59 towards sustainable development. This means that population factors as size, age
sex structure, growth, distribution as well as, their activities of not comprise the
replenishment and conservation of resources and the preservation of the
environment and vice versa.
38. Population and Development Planning Approach - a development approach which
looks at all the important socio-economic and demographic interrelationships in
formulating, implementing, monitoring and evaluating plans and programs.
39. Protected Area – identified portions of land and water set aside by the reason of
their unique physical and biological significance; managed to enhance bio-diversity
and protected against destructive human exploitation.
40. Production Forests – areas with slopes from 0-50% developed to supply both timber
and non-timber product such as bamboo, rattan, horticulture crops (fruit/nut trees),
gums and resins, spices, fibers or a combination thereof.
41. Protection Forest – areas regardless of slope which are highly subject to erosion or
too rocky for establishment or production forests, developed for the principal
objective of establishing vegetative cover to prevent erosion, conserve water and
nurture wildlife.
42. Public Domain – lands that belong to the State, Province, city or Municipality in its
propriety capacity.
43. Reforestation – planting of denuded forestlands with trees and so other perennials.
This include all direct and indirect activities necessary to establish forest plantations,
such as: identification of sites; surveying, mapping and planning, construction of
infrastructure; seedling production; site preparation; planting/replanting;
maintenance and protection; covercrop planting; enrichment planting and
intercropping, monitoring and evaluation.
Malaybalay City Environmental Code Page 14 of 59 44. Residential Lands – public lands intended for or devoted to the construction and
establishment of dwellings.
45. Resource Reserve – an extensive and relatively isolated and uninhabited area
normally with difficult access designated as such to protect natural resources of the
area for future use and prevent and contain development activities that could affect
the resource pending the establishment of objectives which are based upon
appropriate knowledge and planning.
46. Strict Nature Reserve – and area possessing some outstanding ecosystem, features
and/or species of flora and fauna of national scientific importance; maintained to
protect nature and maintain process in an undisturbed state in order to have
ecologically representative samples of the natural environment for scientific study,
monitoring education, and for the maintenance of genetic resource in dynamic and
evolutionary state.
47. Unclassified Lands – all lands that have not been classified into agricultural, forest,
mineral lands, parks or other classes of lands in accordance with the Land Code
and the Revised Forestry Code.
48. Zoning – this refers to the delineation/division of the City into functional zones where
only specific land uses are allowed. It directs and regulates the use of all land in the
community in accordance with the approved or adopted land use plan. It regulates
land uses and prescribes limitations on structures/infrastructure thereon.
CHAPTER 2: LAND RESOURCES MANAGEMENT
Section 7. State of the Resource Land and land-based resources are vital to the preservation of all life form and the perpetuation of economic benefits for people. The economic and ecological viability of these resources are being threatened by a host of pressures. These include
Malaybalay City Environmental Code Page 15 of 59 increasing population growth, over-extraction of resources, increasing affluence and changing consumption patterns, growth of human settlements and industries, and the generation of wastes.
Agricultural land and its productivity is being lost irretrievably thorough conversion to other land use, degradation of top soil and the erosion of soil nutrients.
Lands and land – dependent resource are extracted, used up and dissipated at levels beyond the natural capacity of the resources to regenerate, disturbing and altering the ecosystem which is vital to human survival.
Section 8. Basis for Action Section 2c of the Local Government Code (RA 7160) stipulates the role of local government units in ensuring the sustainability of the resource base and maintenance of ecological balance. Section 17 of the same law outlines the basic services that local government units are mandated to provide to their constituents consistent with the attainment of general welfare in all aspects, while Section 447 spells out the regulatory functions of the local government in the proper management of land resource within their jurisdiction..
The 1992 National Integrated Protected Area System Act (RA 7586) sets the guidelines for the conservation of different categories of protected areas. PD 856, the
Sanitation Code of the Philippines, prescribes the national standards for a broad range of activities. Such standards include those for sewage and refuse disposal, industrial hygiene, including sanitation standards for bus terminals and other public transport terminals, public bathing places, and similar public facilities.
The City Government shall establish a tripartite body under the City Environment
Office hereinafter created and shall be composed of representatives from the City
Malaybalay City Environmental Code Page 16 of 59 Government, non-governmental and civil society organizations, and the private sector to ensure effective land use management in the city.
Section 9. Production Land Use Food security for all is the main goal of production land use. However, the allocation of land for productive purposes must be such to ensure that the negative consequences of production and utilization shall be balanced with measures to improve the lands capacity to resuscitate and sustain its natural and nurturing processes consistent with sound environmental management. The objective is to assume a precautionary and anticipatory approach against land degradation loss.
Section 10. Measures and Courses of Action
The City Government shall pursue policy reforms and project interventions through the promulgation of local ordinances. As a basis of sustained resources management planning and dynamic policy formulation, the City Government shall undertake adequate information gathering and dissemination and coordination with research institutions and national government agencies.
Section 11. Comprehensive Land Use Planning
The City Government shall continue to update or revise as may be necessary, the City’s Comprehensive Land Use Plan, which shall be consistent with the established guidelines of national government agencies concerned and the Provincial Physical
Framework Plan (PPFP). Along this line, the City Government, Shall:
a) Institutionalize and mobilize the City Land Use Committee within the City
Development Council with adequate representation from the various sectors,
national agencies concerned with land resources, and relevant non-
Malaybalay City Environmental Code Page 17 of 59 governmental and civil society organizations. The Committee shall provide
the forum for the resolution of resource use conflicts.
b) Establish a Land-Use Information and Monitoring Center. The City
Government shall conduct a continuing resource accounting and assessment
program in order to generate the proper data sets, including geographical
information system (GIS), from which to base environmental policy measures
or reforms. The said program serves to document and evaluate the changes
occurring in land resources. Also in accordance with the mandates of Urban
Development and Housing Act (RA 7279), the City Government in
coordination with appropriate agencies shall establish effective mechanisms
to monitor trends in the movements of population from rural to urban, urban
to urban, and urban to rural areas, ensuring that the information will be used
in city land use planning.
c) Develop local capabilities for long term land use planning and population and
resource management by providing for appropriate training courses and
scholarships to local planning staff, city offices concerned, and local
legislators, and through coordination with concerned agencies to ensure
compliance to land use regulations.
d) Develop a high degree of awareness for sustainable land use practices
among the local populace through community education programs. Such
program must cover matters of general concern such as waste disposal,
reforestation and tree planting, and other communal projects.
Section 12. Provision for Environment Friendly Tourism Development
Malaybalay City Environmental Code Page 18 of 59 The City Government shall formulate programs and activities which shall be incorporated in its tourism development plan. It shall incorporate strategies for the protection and conservation of the environment, specifically its watershed resources. It shall include provisions that will:
a) Increase awareness among foreign and domestic tourists, on the
conservation of water resources.
b) Educate the community in the practices of tourists and tourism
establishments that would endanger or damage the environment.
c) Mobilize public participation in monitoring and enforcement activities and
assessment of environmental impacts of tourism projects.
d) Control such negative impacts of tourism activities as: 1. Sewage pollution and garbage; and
CHAPTER III: FOREST RESOURCES
Section 13. Protection of Forest Resources This Code shall accord high priority to protection of land in all aspects. These courses of action shall be incorporated in the policy framework and development plans and land management, aimed at: I) the protection of critical ecosystems and biodiversity from further human encroachment; ii) the regeneration and rehabilitation of degraded land resource; iii) protection of the people from environmental hazards; iv) the preservation, enhancement and sustainability of benefits derived from maintaining the fertility of land resources. To these ends, the City Government shall:
a) Promulgate resolutions supporting the declaration of all suitable public lands
as protection forests and providing measures for their rehabilitation,
regeneration and continued protection. Such measures shall be balanced
Malaybalay City Environmental Code Page 19 of 59 with objectives to generate economic benefits from growth in agricultural
production and production of raw materials for small to medium industries.
To ensure the viability of such measures, coordination shall be maintained
with agencies concerned and the non-governmental and private sectors.
b) Create the Tanud Hu Kalasan Task Force. This shall be a community based,
adequately trained and equipped for the maintenance and protection of
parks, forest reserves, sanctuaries and other protected areas within the
jurisdiction of the City.
c) Declare as protected areas those outside the coverage of NIPAS but found to
be ecologically fragile. These areas shall be classified under such NIPAS
category such as strict nature reserve, natural park, wildlife sanctuary,
resource reserve, protected landscape and seascape. Appropriate
consultation with the affected communities shall be conducted.
Section 14. Reforestation Tree Planting and reforestation shall be a continuing priority project of the City
Government through the declaration of a program dubbed ALDAW HU KALASAN, which shall be celebrated on the occasion of Arbor Day, at the start of the rainy season
(May-June). Encourage planting of endemic species over exotic species. Suggested priority areas for tree planting, shall be:
a) Residual Forests
b) Within 20 meters of either side of a river or stream
c) Within 40 meters radius of water sources/springs
d) Areas identified with historical and cultural values
e) Eroded slopes and ravines/gullegs
Malaybalay City Environmental Code Page 20 of 59 f) Open space in residential and commercial areas, street islands, promenades,
parking area peripheries, & in wide sidewalks.
Section 15. Slash and Burn Farming (Kaingin) Slash-and-burn farming, or kaingin, in existing old and secondary growth forest shall be strictly prohibited. It maybe allowed in non-forested areas but on a regulated basis.
The City Government shall compel upland dwellers and other tenurial resource users, including holders of concession privileges for the exploitation of a particular forest resource, to undertake a sustained rehabilitation of their areas. Such requirement pf replenishment component shall form an integral part of the user’s license or permit.
Failure to comply with such requirement shall be a ground to revoke and/or cancel or non-renewal and non-issuance of license or permit. If the license is issued by any national agency concerned, the City Government shall recommend for the cancellation/revocation of the permit or license concession issued by such office.
Section 16. Guidelines in the Utilization of Natural Grown and Planted Trees The City government shall pass an ordinance, banning cutting of natural grown trees within timberland and private lands of its territorial jurisdiction, unless such cutting shall become extremely necessary and the desired cutting permit is granted by the
DENR.
Utilization of planted trees within timberland covered with territorial instruments and within p1rivate lands requires cutting permit and certification, respectively from
DENR. The City Government, in coordination with DENR shall strictly monitor and evaluate the cutting operation. Any observations/findings shall be the basis in policy review as an aid in legislation.
Malaybalay City Environmental Code Page 21 of 59 Section 17. Inventory of Trees
The Local Government in coordination with the DENR-CENRO and in cooperation with non-governmental and civil society organizations shall formulate and adopt a program to enumerate ecologically, historically, or culturally significant trees within the City’s jurisdiction. The City Government shall coordinate with the DENR and research institutions on the identification of trees that will be included in the inventory.
The inventory shall be applicable to all mature/maturing trees and shall reflect the classification of trees by species, a basic description of their location, historical and cultural significance, and information on ownership. This project shall be a part of a broader resource inventory and monitoring program that will aid local authorities on the enforcement of laws, issuance’s and ordinances pertaining to the cutting of trees.
Section 18. Plant and Adopt-a-Tree Program Each household shall be encouraged to Plant and adopt a tree on a public domain near their residence for them to protect and nurture the same.
Section 19. Registration of Power Saws
Owners of chain saws and similar tree-felling equipment and tools shall be required to register such equipment with the City Government. An ordinance to this effect shall be enacted prescribing stiff penalties for non-compliance thereto.
Section 20. Protection and Conservation of Flora and Fauna Hunting, gathering, destroying removing, or mere possession of any plant animal, or any other forest product, derived from protected areas or strict nature reserve, resource reserve, city parks, wildlife sanctuaries, or any area of the public domain, shall
Malaybalay City Environmental Code Page 22 of 59 be banned or regulated depending on their stock condition. Species which are unique or endemic to the City, and species whose existence is considered endangered and threatened, shall be fully protected and the taking, capture, or even the disturbance of the habitats of said species shall be banned.
The protection and conservation of bio-diversity shall be a primary concern of the
City Government. To this end, appropriate ordinances shall be enacted; and programs and projects implemented. The initial concerns shall include the following:
a) Ban the gathering, cutting, hunting, and possession of ecologically significant
flora and fauna;
b) Establishment of seedbanks and nurseries for the propagation, improvement
and replenishment of ecologically and economically significant flora;
c) Rehabilitation and protection of fragile and important habitats of wildlife and
other endemic species;
d) Establishment and maintenance of wildlife sanctuaries of endemic species.
e) Conduct of comprehensive community-based, multi-media education
program on resource conservation and management to arouse people’s
awareness and entice their participation.
Section 21. Inter-City-Municipal Agreements Against the Trafficking of Banned Flora and Fauna
A memorandum of agreement, or similar instrument, may be entered into by the
City Government with its neighboring local government units for a coordinated effort to control the trafficking of banned flora and fauna. Under such agreement, the contracting local government units shall train people who are strategically located in the community and who shall be deputized to enforce appropriate laws or ordinances. Indigenous
Malaybalay City Environmental Code Page 23 of 59 people’s organizations shall also be tapped and mobilized in their respective cultural communities.
Section 22. Protection of Watershed Areas
The City Government shall protect watershed areas and any land adjacent to watershed from pollution and encroachment of other non-compatible land uses through the enactment of appropriate policies. Such areas shall be declared as protected areas, with the approval of the DENR, and the necessary reforestation and conservation measures shall be instituted.
Section 23: Strategy
The City Government shall undertake review or promulgation of the following policies and policy instruments to ensure sustainability of resource management efforts:
(a) review and enhancement of resource protection and conservation plans; (b) adoption of landcare approach, agro-forestry, and conservation farming in upland communities and forest marginal areas; (c) ban burning of farm debris and grasses or weeds during farm pre- and post-planting activity; (d) mandatory establishment of forest nursery and seed orchard at least one per Barangay and providing funds for such purpose; (e) requiring at least 50% of endemic tree species in reforestation project to enhance wildlife biodiversity; (f) development of idle lands into tree parks and promotion of adopt- a-tree project; (g) intervention of the City Government in the issuance of cutting or harvesting permits and other instruments issued by national government agencies; (h) revival of multi-sectoral forest protection body; (i) inventory of endemic wildlife and regulation of hunting activity; (j) enhance capabilities of indigenous peoples in forest protection and filing of criminal or civil complaints and charges against violations of
Malaybalay City Environmental Code Page 24 of 59 forestry laws; (k) imposition of stiffer penalties for violators of forest laws ; (l) establishment of incentive system to forest law enforcement activities; (m) institutional building and networking; (n) community organizing and development; (o) site restoration and rehabilitation program; (p) protection and law enforcement program.
Section 24. Special Provisions
The formulation of policies and implementation of projects that are under the ancestral domain claims shall be subject to prior consultation with the communities concerned.
The City Government shall spearhead the coordination efforts on community forestry program with the DENR, Bukidnon Environment and Natural Resources Office, and other development agencies.
The City Government shall engage actively in the management of protected areas that are within the City’s jurisdiction through involvement in protected area management boards (PAMBs), people’s organizations or civil society organizations, or indigenous peoples organizations in the development of the potentials for ecotourism of
Mangasa, Dalwangan (for bird watching) and Mt. Dulang-dulang (for mountain climbing).
Section 25. Maintenance of Productivity of Agricultural Lands
As a matter of policy, all identified agricultural lands shall be maintained in its optimum productive state through the adoption and promotion of sustainable farming practices, such as bio-farming, contour farming, sloping agricultural technology, and multi-cropping system. It shall encourage optimum productivity within the limits of ecological balance through the conduct of appropriate extension services, demonstration farms and educational programs. With the assistance of national agencies and local and
Malaybalay City Environmental Code Page 25 of 59 foreign non-governmental organizations engaged in research and development, a monitoring system should be established to determine soil quality and generate necessary information network involving the City Government, academe, research institutions, and agencies concerned. This will help in the determination of measures to improve food production and alleviate degradation of agricultural lands.
A databank, which shall serve as a framework for continuing policy refinement, will be established in the City Agriculture Office. The databank shall include information on soil types and their geographic distribution; identification of causes of soil degradation; and such other data that could contribute to sound management decisions.
The development of a Geographic Information System (GIS) shall be pursued, specifically for the development of thematic maps based on aerial or satellite photographic interpretations of the National Mapping and Resource Inventory Authority
(NAMRIA) and geodetic land use distribution maps.
Section 26. Soil Management
Measures shall be adopted for the over-all maintenance of soil fertility and prevention of erosion, such as:
a) Implementation of a community program on cover crop planting to condition
denuded areas and to make productive use of cogonal areas;
b) Implementation of enrichment planting using fuel-wood or non timber trees
within reforested areas or open spaces in order to generate additional income
for organized civic groups and indigenous communities, as well as, to
enhance soil firmness and fertility. Such activity may be undertaken through
planting, with planting materials supplied by the City Government and
relevant agencies concerned.
Malaybalay City Environmental Code Page 26 of 59 c) Enactment of an ordinance regulating or banning the use of certain
chemicals, herbicides, fungicides, and pesticides for agricultural purposes
due to hazards that they pose to public health, the biophysical environment
and animals. Restrictions shall include, but not limited to the following:
1. Restricting the use of Endusulfan and its derivatives to non-palay
production only; and
2. Banning the use of DDT and DDT-based chemicals and other
chemicals that are hazardous to public health.
3. Adopt and promote an Integrated Pest Management (IPM) in
agriculture techniques and organic farming.
d) Commitment to intensify efforts to reduce soil erosion through guided farming
approaches. Implement rainwater management programs with the
assistance of the Department of Agriculture (DA) and other government and
research and development institutions.
Section 27. Discourage Conversion of Agricultural Lands The conversion of agricultural lands into other land uses shall be discouraged, unless such is extremely desirable and the negative effects of the conversion is mitigated by appropriate preventive measures.
Large-scale clearing of agricultural lands, forest and grasslands generally result in rapid water run-off leading to soil erosion and increased sedimentation or siltation of water channels. Similarly, unchecked development of human settlements and industries result to greater waste discharge that may lead to environmental degradation.
Therefore, programs shall be formulated to maintain the integrity of production lands, such as facilitating access of farmers to appropriate lending institutions; provisions of technical assistance; maintenance of seed banks; establishment of
Malaybalay City Environmental Code Page 27 of 59 irrigation facilities; construction of farm-to-market roads and other incentives to agricultural production, with assistance of various government and international or private development institutions.
Section 28. Industrial Zones In establishing industrial zones and other areas for the concentration of infrastructure and facilities, the City Government shall consider and address long-term effects of urbanization on the stability of the land. It shall conduct a comprehensive assessment on the impacts of urbanization on waste disposal, soil erosion, and human health. It shall also consider the potential demographic impacts of establishing industrial zones and that necessary and appropriate safety net measures shall be established or incorporated in the city’s comprehensive development plan to minimize, if not avoid, undesirable demographic consequences from occurring.
Adequate and efficient waste treatment facilities and effluent discharge system shall be built into the development plans of industrial establishments or estates established in the city. The absence of such waste disposal and management systems in the industrial development plan shall be sufficient ground for the denial of application for permit to operate.
Section 29. Environmental Management of Urban Business Establishments
All business establishments within the urban center of the city shall be subject to an environmental monitoring system, which will be devised and implemented. The systems shall to ensure that all such establishments conform to environmental standards on effluent discharge set by both the local and national government. Such system shall establish the maximum quantity of any pollutant or contaminant that may be allowed to
Malaybalay City Environmental Code Page 28 of 59 be discharged by any establishment and the guidelines by which said firms can adhere to in consonance with such standards.
Relatively, urban establishments with substantial solid wastes generated shall be encouraged to jointly or collectively operate sanitary landfills for waste disposal. The
City Government in coordination with the DENR shall approve the operation and location of such sanitary landfill.
Section 30. Urban Forests, Greenbelt Areas, Parks & Wildlife Preserves and Open Spaces
Green areas shall be established as essential measures to reduce noise pollution, absorb excessive carbon dioxide emissions, and to provide spaces for recreation, cultural activities and relaxation.
Substantial portions of human settlements shall be reserved for the establishment of open spaces, greenbelt, parks, and urban forest. Greenbelt areas shall be situated between industrial or commercial areas and human settlements to serve as buffer zones and noise breaker. Urban forests, on the other hand, shall be located within the center of commercial district. The area designated as open space shall conform with the Comprehensive Land Use Plan, existing laws and as prescribed in the
Urban Development and Housing Act of 1992 (RA 7279).
Section 31. Tourism Areas
Areas for tourism development shall be designated in conformity with the
Comprehensive Land Use Plan and Zoning Ordinance. A policy of eco-system awareness shall be promulgated to maintain the ecological assets that form the very basis of the tourism industry’s existence.
Malaybalay City Environmental Code Page 29 of 59 a) Strict anti-littering campaign shall be imposed and ensure that all facilities are
adequately equipped with proper sewage disposal systems;
b) Construction of facilities and infrastructure shall be in designated zones only,
to avoid destruction or alteration of wildlife habitats;
c) Undertake, as may be appropriate, the rehabilitation of rivers, streams,
creeks, springs, ponds, marshland and other bodies of water to preserve the
flora and aquatic life in these areas.
The exploration and development of caves and waterfalls within the City’s territory shall be governed by rules and regulations issued by the DENR, Department of Tourism, and other national government agencies concerned.
Section 32. Greening of Roadside and Open Spaces
As much as practicable, roadsides shall be planted to suitable ornamental or shade trees. Site development plans for proposed subdivisions shall include therein the planting of trees on roadsides and open spaces as one of the requisites for the approval of development plan permit. The planting of non-endemic tree species shall be carefully evaluated for their suitability for the purpose.
CHAPTER IV: MINERAL RESOURCES
Section 33. Local Mining Activities Except for small-scale gold panning activities, no other mining operations shall be allowed within the territorial jurisdiction of the City.
Section 34. Extraction of Mineral Resources (Sand and Gravel, Limestone and Clay)
Malaybalay City Environmental Code Page 30 of 59 Extraction of sand and gravel, limestone and clay shall be regulated according to the sustainability of the resource base. Such measures shall also take into consideration that such extraction activity shall not, in any way, impede, disrupt or alter the natural flow of the river system or cause environmental hazards. For purposes of effective regulation and ensuring compliance to environmental sustainability, concessionaries shall be required to secure an annual Environmental Clearance
Certificate from the City Government, in addition to their business permits issued by the
City.
CHAPTER V: WATER RESOURCES
Section 35. Water and Management Framework
Management of water bodies are guided by international, regional, national laws and policies, as well as local policies.
It shall be the policy of the City Government to adopt an integrated and sustainable water management plan for all its water resources through the promulgation of a comprehensive management framework for the protection and conservation of water eco-system. The framework which shall be composed of three basic components, namely:
a) A management planning process guided by goals and objectives consistent
with the sentiments and aspirations of the local constituency and those of the
expressed national goals and objectives. Such process shall identify values
and prioritize water resources utilization within the territorial jurisdiction of the
city. It shall also institute measures to reduce conflicting uses and promote
Malaybalay City Environmental Code Page 31 of 59 complementary activities. The Code shall address the environmental issues
related to such uses as fisheries and other extractive activities involving
biological resources, use of minerals, energy, recreation, and tourism;
research and development; waste disposal; and all human settlement
activities.
b) An environmental impact assessment process shall describe the existing
environment in terms of its physical, biological, social, economic and other
characteristics; identify, and quantify existing threats, risk and impacts;
determine the mitigating measures; and identify alternative options for the
control of threats, risks and impacts, taking into consideration equity and
economic values and the availability of local expertise and technology.
c) A regulatory process using approaches suited to local conditions, resources
and capability’s with built-in mechanisms for performance assessment, and
with flexibility and would allow improvements and incorporation of new
knowledge and technology as they come along.
An inter-city-municipality cooperation shall be institutionalized especially in the regulation of inland fisheries, waste management and pollution abatement. This shall be reflected in the ordinances, development plans and the implementation of policy initiatives. The City Government shall also encourage non-governmental and civil society organizations and the private sector to initiate related development activities.
Section 36. Strategy
Malaybalay City Environmental Code Page 32 of 59 The City Government shall adopt appropriate integrated planning mechanism and consultation among diverse resource users, like non-governmental and civil society organizations, national government agencies, and the community in the promulgation of policies and development strategies for inland water resources. Toward this end, the
City Government shall promulgate policies, to:
a) Cause the measurement and delineation’s of watershed boundaries and
facilitate the production of necessary resource map for the purpose.
b) Organize and strengthen a City Water Resource Management Task Force,
whose tasks shall be to:
1. Create a forum for multi-sectoral and community-based decision making
process;
2. Promote compatibility of development activities to avoid subjecting the
resources to unilateral spheres of influence; and
3. Coordinate and monitor the implementation of the duly approved
Comprehensive Watershed Management Plan.
c) Cause the integration of sectoral programs for sustainable development of
industries affecting water resource uses such as tourism, human settlements,
agricultural, fisheries and waste disposal.
d) Involve the technical expertise of academe institutions, research centers,
national government agencies, NGOs and People’s Organizations in the
conduct of resource accounting and ecological assessment in order to
generate an accurate data base from which policy decisions on the best use
of water resources can be based.
e) Promote active community participation in the management of inland water
resource as the central theme of resource management plans.
Malaybalay City Environmental Code Page 33 of 59 f) Initiate the formulation and adoption of a City Comprehensive Water Resource
Management Plan.
g) Recognize and respect the role of indigenous peoples in the protection and
management resources
Section 37. Authority to Grant and Regulate user Privileges
The City Government, consistent with the guidelines of National Water
Resources Board (NWRB), shall require all users of water resources to apply for permit prior to their operation. This privilege of the community stakeholders to utilize water resources on a sustainable basis shall be exercised under the notion that the grantee, licensee, or permittee thereof shall not only be a privileged beneficiary of the local government but also an active participant and partner of the City Government in the development, conservation and management of the aquatic resources being used.
Such provisions shall also be based on appropriate fees, levies and other charges that are computed on the basis of economic rents and other cost can be imposed as a result of the use of resources.
Section 38. Inventory and Classification of Water Resources
The City Government shall conduct an inventory and classification of water resources within its jurisdiction, which shall be the basis for the issuance of water resource utilization permit or license. The inventory shall cover rivers, streams, brooks, aquifers, lakes, lagoons, wells, springs, irrigation canals or dams, and subterranean waters, and all other surface waters that flow continuously or intermittently over lands.
This classification shall be for domestic consumption, irrigation, power generation, fisheries, livestock raising, industrial application, recreational uses, and ecotourism and
Malaybalay City Environmental Code Page 34 of 59 for other uses that the City Government may deem socially beneficial and ecologically sound.
Section 39. Priority uses
The City Government consistent with the guidelines of the National Water
Resource Board (NWRB) shall adopt the following general priorities in descending order.
a) Uses which enhance, conserve, and protect the biophysical condition of the
watershed;
b) Uses which provide the greatest long term benefits to the greatest number of
people, particularly the local communities;
c) Uses which enhance and increase public access to inland waters, except in
areas of high biological and ecological sensitivity where the influx of large
numbers of people should be controlled to avoid disturbance of fragile habitat
and disruption of natural biological processes; and
d) Uses which increase public recreational opportunities provided that the
resulting infrastructure build-up as a consequence of providing for various
leisure activities, such as bathing, fishing, and tourism as a whole, will not
disrupt traditional fishing, interfere with the cycle of aquatic life, cause
adverse decrease in nutrients, nor destroy the habitat of fish and other
aquatic life.
Section 40. Effluent and Pollution Control in Water Resources
The City Government shall enact an ordinance prescribing the effluents that can be permitted into waterways, subject to the standards under existing DENR guidelines.
Malaybalay City Environmental Code Page 35 of 59 The City Government shall determine the present state and quality of water resources under its jurisdiction in order to formulate a water quality management scheme and the types and point sources of pollutants.
Section 41. Promulgation of City Fisheries Ordinance
The City Government shall enact a City Fisheries Ordinance consistent with the
SAFDZ that shall regulate inland fishing activities. The ordinance shall address the following concerns:
a) The type of fishing gears to be used in the City’s waters. Such gears shall be
those that are non-destructive and selective.
b) Banning dynamite and other blasting apparatus in fishing.
c) Banning of electrical gadgets, cyanide and other toxic substances in fishing.
d) Disturbance of biological processes of aquatic species because of human
intrusion into their natural habitats.
Section 42. Industrial Wastewater Treatment
The City Government shall adopt a proactive approach to prevent degradation of the aquatic environment due to industrial and other sewage. It shall enact ordinances that:
a) Require all agro industrial establishments within the City to construct and
maintain a wastewater treatment plan;
b) Require resource-users and industrial establishments to adopt precautionary
measures, environmental impact assessments, clean production techniques,
recycling and waste audits and minimization in all stages of their operation;
Malaybalay City Environmental Code Page 36 of 59 c) Institute a program to improve sewage disposal, establish treatment facilities
and improve waste disposal responsibilities.
Section 43. Precautionary Measures Against Water Pollution
The City Government shall install the following measures:
a) Establish monitoring and regulatory programs to control effluent discharges
from point sources, including a community based anti-water pollution
programs with the technical assistance of national government agencies
concerned and the private sector, as well as international development
institutions.
b) Require environmental impact assessment for all agro-industrial and other
industrial waste disposal system;
c) Promote safety practices in the use of fertilizers and chemicals in agricultural
areas;
d) Preserve and develop watersheds and reforestation projects to prevent
erosion and siltation; and
e) Monitor aquatic environment quality, including causes and effects of water
degradation;
f) Require sanitary/hygienic sewage treatment and disposal in human
settlements such as residential subdivisions or housing projects, among
others;
g) Promote public awareness on improved waste management, with emphasis
on waste reduction (e.g. segregation and composting) as a means of
preventing water pollution;
Malaybalay City Environmental Code Page 37 of 59 h) Prohibit the construction of houses and other structures along river banks
other water channels, lakes and ponds.
Section 44. Conservation of Water Sources
The City Government shall regulate the use of water resources to ensure sustainable beneficial use of such resources, by enacting appropriate ordinances, like:
a) Regulating the development of lakes, ponds, streams, rivers and other
bodies of water for recreational or commercial purposes without securing
prior permit from the National Water Resource Board (NWRB) and the City
Government.
b) No person or entity shall be allowed to dam, drain, or divert any water body
without the necessary government clearances/permits;
c) No person or entity shall be allowed to use the banks of rivers, lakes, ponds,
springs and other bodies of water, throughout the entire length and within a
distance of 3 meters in urban areas 20 meters in agricultural areas; and 40
meters in forest areas, along which margins are subjected to public
easement. The ordinance shall complement Article 51 of the Water Code of
the Philippines that ban persons from staying in the said zones for recreation,
navigation, fishing and other activities for a period longer than necessary.
Construction of structures of any kind shall be prohibited.
d) Impounding of water that will prejudice downstream users shall be prohibited;
e) No person shall be allowed to drill/dig wells without permit. There shall be
strict enforcement of the requirements for clearance from the National Water
Resources Board (NWRB) for the extraction of subterranean water;
Malaybalay City Environmental Code Page 38 of 59 f) Utilization of subterranean or ground water shall be regulated by the City
Government in order to manage sustainable limits which will be determined
through scientific assessment. The City Government shall reserve the right
to revoke or cancel permits for the extraction of groundwater if such activity is
found to be detrimental to its sustainability or inimical to other higher priority
use. In no case shall the LGU allow the extraction of groundwater if this will
result to deterioration of critically important surface waters;
g) Prohibit the construction of any structure, temporary or otherwise, that would
destroy the scenic value of natural waterways or result to the disruption of
water flow that would be detrimental to overall ecological balance;
h) The City Government shall reserve the right to construct and employ water
banking, or the impounding of water, for purposes that will be beneficial to
local governance or for long-term sustainability of water supply for public
purposes;
i) The City Government shall discourage the granting of irrigation permits to
individuals if their /her water needs can be supplied by an irrigation
association;
j) No large-scale, industrial mining operations shall be allowed within the
territorial jurisdiction of the City. Likewise, small-scale mining that would
cause irreversible damage to land and water bodies shall be banned. The
use of toxic chemicals or elements to extract minerals shall also be banned.
k) Quarry concessionaires shall adhere strictly to the provisions embodied in
their Environmental Compliance Certificate and other rules and regulations or
policies on environmentally sound quarrying practices in order to prevent
destruction of riverbanks and sedimentation or siltation of water channels.
Malaybalay City Environmental Code Page 39 of 59 CHAPTER 6: AIR AND NOISE POLLUTION MANAGEMENT
Section 45. Scope of Power
The powers on air and noise pollution control are vested in the City Government, pursuant to Section 17 (b)(3)(iii) and Section 17(b)(4), refer to enforcement of pollution control laws and other laws on the protection of the environment. In addition, Section
3.3, DENR Administrative Order No. 30, series of 1992.
Section 46. Air Quality Plan Formulation
With technical guidance from the EMB-DENR, the City Government shall, after public consultations, formulate its Air Quality Action Plan, consistent with DENR-DAO
14 and the Clean Air Act of 1999 (RA 8479), for long term implementation. Such plan shall contain, among others, the strategies, which need to be undertaken within a specified period of time for the attainment, control, and maintenance of ambient air quality standards set by the DENR for the province of Bukidnon, of which the city is an independent component city. The implementation of the of the air quality plan shall require the establishment of air quality monitoring and evaluation system operated by trained and capable technical personnel who will conduct monitoring and evaluation procedures
Section 47. Establishing Ambient Air Quality Compliance
The levels of air quality for suspended particulates, sulfur dioxide, photochemical oxidants or ozone, and carbon monoxide and the indices to compare whether such
Malaybalay City Environmental Code Page 40 of 59 atmospheric parameters are within acceptable level have been established by the DENR
– DAO 14.
The City Government shall undertake precautionary/preventive measures by:
a. coordinating with the DENR the conduct of inspections in all industrial
facilities and equipment emitting potential air pollutants to ensure such
establishments/equipment comply with established standards.
b. conducting information and education campaign on the city’s compliance to
air quality standards.
c. coordinating with the DENR and the Land Transportation Office (LTO) in the
enforcement of laws and ordinance relative to ambient air quality standards.
Also, in effecting environmental inspection/test control, and banning the
establishment, use or operation of any material, equipment, machinery, plant
of any contrivances, including motor vehicles, which are potential air
pollutants.
Section 48. Fugitive Particulates
Emission of fugitive particles from any source including, but not limited to, vehicular movement, transportation of materials, construction, alteration, demolition or wrecking, or industry-related activities such as loading, storing, and handling without taking reasonable precautions, shall be prohibited.
To enforce such restrictions, the City Government shall enact appropriate ordinance on the following:
Malaybalay City Environmental Code Page 41 of 59 a) Covering of open loaded vehicles transporting materials that likely to give off
airborne dust;
b) In cases where dust, fumes, gases, mists, odorous matters or vapors or any
of their combination escape from a building, equipment or machinery in such
manner and amount as to cause nuisance or violate such standards set by
DENR-DAO 14 or a City Ordinance, the owner of the building, equipment or
machinery, shall be compelled to treat or remove air pollutants before
discharging them into open air.
Likewise an ordinance shall be enacted to require a person or any entity to implement necessary precautions to confine dust and any particulate within their property when constructing or demolishing a building, undertaking quarrying operations, excavation or clearing a land.
Section 49. Storage and handling of Volatile Compounds
No person shall be allowed to store any volatile compound in stationary tanks, reservoir, or other containers of more than 150,000 liters capacity unless such storage facilities is pressure efficient under normal conditions, to prevent leakage, or is designed and equipped with adequate vapor loss control device.
Section 50. Mitigating Carbon Dioxide Emission
Carbon dioxide (CO2) is produced through the combustion of oil, coal and other fossil fuels. The natural balance of carbon dioxide in the atmosphere has been greatly impaired by excessive fossil fuel use. The imbalance is also attributable to the cutting down of large tracts of forests, which are natural carbon sinks, which would have used
Malaybalay City Environmental Code Page 42 of 59 up CO2. To curtail the accumulation of CO2 in the atmosphere, the City Government shall;
a) establish, develop, and maintain city greenery, forests, tree parks, and
greenbelt areas which will serve as carbon sinks;
b) legislate restrictions on CO2 emissions from stationary fossil fuel powered
facilities relative to standards prescribed by DENR;
c) strict enforcement of anti-Smoke Belching Ordinance; and
d) cause the development of more efficient power generation system such as
hydro, solar and wind energy.
Section 51. Reducing Emission of Other Greenhouse Gases
The emission of other greenhouse gasses, such as nitrogen oxide and methane, has contributed to global warming. Nitrogen oxide is produced through chemical fertilizers, burning of timber and crop residues and burning of fossil fuels. Methane is a natural by-product of anaerobic breakdown of organic matters. To address this concern, the City Government shall conduct public awareness campaign on the dangers that these pollutants pose to public health and its dire implication to global climate. The City
Government shall coordinate with DENR – Environmental Management Bureau (EMB) and other government and private agencies/institutions on the campaign against emission of greenhouse gasses.
Section 52. Prevention of Open Burning
The City Government shall regulate open burning of farm crop residues, brushes weeds, branches, leaves, woods and garbage which aggravates global warning.
However, it shall provide for exemptions like:
Malaybalay City Environmental Code Page 43 of 59 a) open fire for domestic cooking
b) fire for recreational or indigenous ceremonial purposes
c) fires for the prevention and control of pests and diseases
d) fires for the disposal of dangerous materials or wastes, when there are no
practical alternative method of disposal, provided that a clearance from the
City Government is secured
e) fires for training in fire fighting methods
f) fires purposely set for recognized agricultural, forests and wildlife
management practices
g) fires expressly approved by the DENR and the City Government.
Section 53. Mitigating Offensive Odors
The City Government shall adopt the following measures to address problems on offensive odor emissions:
a) Odor control at sources shall be adopted as a matter of policy of the City
Government, and ensure that probable sources of odor (such as livestock
and poultry, slaughterhouse, garbage, plants) practice effective sanitation
and hygiene
b) The City Government shall require the source of obnoxious odor to adopt measures that will mitigate the smell through ventilation or disposal, combustion or oxidation, neutralization or odor masking.
Section 54. Noise Reduction
To protect public health and welfare against nuisance caused by excessive noise, the City Government, in consultation with the DENR and the community, shall
Malaybalay City Environmental Code Page 44 of 59 establish standards for noise pollution and set measures for noise reduction at the point source. Through an ordinance, noise and vibration standards shall be set for both mobile and stationary devices such as vehicles, construction, and digging equipment, stationary engines, factories, pub houses, restaurants, videoke or karaoke bars, and amusement parks. As a general measure of noise abatement in vehicle-congested areas, the City Government shall establish greenery buffers or corridor habitats are established between such areas and residential areas.
CHAPTER 7: WASTE MANAGEMENT
Section 55. Strategy The City Government’s waste management approach shall be consistent with the provisions of the 1991 Local Government Code (RA 7160), DILG Memorandum Circular
No.96-119, and the Ecological Solid Waste Management Act of 2001 (RA 9003), among others.
Pollution from land based sources constitute a serious threat to the environment and may affect all sectors of society, in terms of hazard to health, contamination of food, loss of biodiversity, and degradation of water resources. Appropriate measures shall be promulgated and ordinances enacted, to:
a) Identify, designate and allocate land as solid waste disposal site/sanitary
landfill and strictly enforce the Comprehensive Solid Waste Management
Ordinance and its implementing guidelines.
b) A continuing information and education campaign shall be conducted by the
City Government on waste management, specifically on waste reduction at
source, segregation and recycling.
Malaybalay City Environmental Code Page 45 of 59 c) To review the Environmental Impact Assessment, in coordination with the
DENR for the Waste Disposal System of all Major Industrial Establishments
and to ensure that such establishment comply with environmental standards.
Furthermore, the same shall monitor and evaluate an annually compliance of
ECC.
Section 56. Anti-Littering and Provision of Trash Cans and Bins
The maintenance of cleanliness and sanitation in all parts of the City shall be a primary concern of the City Government and its constituents. Ordinances to this effect shall be strictly enforced. The City Government shall provide trash cans and garbage bins in strategic points in public places to discourage wanton discarding of trash by the public.
Section 57. Disposal of Solid Waste
The Comprehensive Waste Management Ordinance of the City shall be strictly enforced. A continuing information and education campaign shall be done in coordination with multimedia organizations, non-governmental organizations, and academe to create awareness among the citizenry a social responsibility in the maintenance of the integrity of the eco-system.
Section 58. Prohibition of Dumping of Solid Waste in Water Channels and Bodies
As precautionary measure against the dumping of solid wastes in water bodies and channels, the City Government shall adopt the following measures through an ordinance:
a) Ban the disposal of non-biodegradable materials into lakes, ponds, rivers,
streams and other water channels.
Malaybalay City Environmental Code Page 46 of 59 b) Prohibit the construction of garbage dumpsites or industrial waste treatment
facilities that will be located at less than one kilometer away from a water
body or channel.
c) Implement measures against water pollution as stipulated in Presidential
Decree (PD) No. 1152 (the Philippine Environment Code of 1977), PD No.
600, and the Sanitation Code of the Philippines.
d) Encourage or enforce the use of paper bags or similar biodegradable
packaging materials for groceries and other commercial establishments,
such as fast-food outlets, cafes or restaurants.
Section 59. Hazardous Waste/Chemicals
An ordinance to strictly impose penalty on users of banned chemicals in the operation of factories, processing plants, agro-chemical establishments, and agro- forestry production. Such ordinance shall conform with the provisions of RA 6969, otherwise known as the Toxic Substance and Hazardous and Nuclear Waste Control Act of 1990, and its Implementing Rules and Regulations as embodies in the DENR
Department Administrative Order No. 29.
Section 60. Disposal of Hospital, Funeral, Slaughterhouse and Gasoline Station
Wastes
Appropriate ordinances shall be enacted regulating the disposal of wastes from hospitals or pathological clinics, funeral parlors, slaughterhouses, and gasoline stations.
Such establishments shall be required to put up adequate waste treatment and disposal facilities in their operation as a condition to the issuance of a business permit or license; or, in cases of existing operations, the renewal of their business permits or licenses.
Malaybalay City Environmental Code Page 47 of 59 Section 61. Other Restrictions of Waste Disposal
Appropriate measures shall be promulgated to penalize violation of any of the following restrictions on waste disposal:
a) No Industrial or manufacturing facility shall be operated without proper solid
and waste water treatment and disposal facility;
b) No Industrial or manufacturing plant shall be operated at capacities beyond
the limits of the capability of its waste treatment facility in order to maintain
the effluent quality within the standards set by law; and
All industrial establishments shall subject their operations and premises, facilities and systems to annual environmental assessment by the Multi-Partite Monitoring Team created by the city. Refusal of any establishment to such inspection shall be sufficient ground for non-renewal of its business permit and its consequent closure.
CHAPTER 8: INTITUTIONAL DEVELOPMENT, INFORMATION AND EDUCATION CAMPAIGN
Section 62. Establishment of Environmental Databank It shall be the policy of the City Government to raise awareness and secure people participation in environmental management. It requires the generation, maintenance and update of scientific information database that will provide the rational explanation to the actions being undertaken, or proposed to be implemented in environmental management.
The database shall include:
a) Information on resources inventory and their biological limits, including
resource use maps, land use maps as incorporated in the Comprehensive
Land Use Plan;
Malaybalay City Environmental Code Page 48 of 59 b) Information on critical habitats, ecological processes and species diversity,
critical/threatened areas;
c) Data on local industrial process and establishments and their potential risks
to environment;
d) Environmental sanitation and cleaning technique;
e) Laboratory techniques and equipment for soil, water and air quality analysis;
f) Geographic Information System (GIS); and
g) Data on population and their location, particularly in the ecologically sensitive
areas.
Section 63. Community Education
A long term community based environmental education shall be implemented through multi-media, and extension work. Whenever appropriate, cooperation of the national government agencies, NGOs, local and foreign donors organizations, shall be solicited. Special attention shall be focused on the indigenous people communities.
Section 64. Education and Environment Protection and Management Conduct seminars, trainings, forums, and conferences on various areas of environmental protection and management in cooperation with the concerned national and local agencies, foreign institutions and other interest groups who are advocates of the environment. 1 Likewise, the City Government shall enlist and involved NGOs in community organization for environmental education, using the organized associations in monitoring and peer pressure for compliance to environmental laws. The engagement of the services of teachers for school-based environmental education shall also be adopted. A concise elementary curriculum on environmental conservation, protection, and management shall be encouraged and developed for elementary schools in the City.
Malaybalay City Environmental Code Page 49 of 59 Section 65. Institutional Linkages for Environmental Monitoring
Effective environmental monitoring can only be carried out with the establishment of a appropriate institutional linkages among resource users, industries and the government, involved in control, surveillance and management. In all aspects, non- governmental and civil society organizations, and government agencies shall be encouraged to link up with the City Environment and Natural Resources Office (CENRO) in reporting violations of laws, issuances, policies, destructive resource use, and conduct systematic observation on pollution and other impacts of human activities on the environment.
The City Government shall establish a monitoring committee led by the CENRO, and composed of representatives from the following groups, namely, Tanud Hu Kalasan
Task Force, Sangguniang Kabataan City Federation, Pag-Asa Youth Movement, women’s groups, and other interest groups in the City.
Section 66. Inter-City-Municipal-Cooperation
Section 33 of the Local Government Code (RA 7160) encourages local government units to integrate efforts, services and resources purposes commonly beneficial to them. The significant financial and technical complexities of environmental management require complementation and cooperation among contiguous local government units. In addition, the environment and the issues that confront today, transcend borders and may affect wide areas.
Such situation calls for an inter-city-municipal agreements on the implementation of this Code in order to design a cross-border monitoring system for point sources of
Malaybalay City Environmental Code Page 50 of 59 pollution and harmonize action programs on a wide area. Significant issues to be addressed, include:
a) Sharing of facilities and expertise for ambient air quality control
b) Sharing sanitary landfills for waste disposal
c) Joint control efforts against trafficking of flora and fauna
d) Complementary river systems resource management
e) Cooperative efforts in the conservation of groundwater
f) Sharing of recycling or waste treatment plants
g) Application of polluter pays principle for source pollutants that emanate from
one local government unit but affects the nearby local government unit/s.
Section 67. Human Resource Development and Capacity Building The City Government, through inter-city-municipal cooperation, and the support of national agencies, non-governmental or civil society organizations, and private sector shall embark on a human resources development and capacity building program, to:
a) Expand multi-disciplinary education, training, research on the sustainable
management of air, water and land resources;
b) Create training opportunities for members of the community especially the
indigenous people, NGOs, Pos and the industry as well, to encourage
environment-friendly activities/operation;
c) Mobilize women’s group and women in development organizations towards
local environment management;
d) Development and strengthen, when the need arises, institutions capable of
conducting research, monitoring and implementing the objectives and
activities related to environmental protection and resource conservation; and
Malaybalay City Environmental Code Page 51 of 59 Develop local planning and capabilities particularly using other planning
methods as may be deemed appropriate.
CITY MAYOR
TECHNICAL CMENRO ADVISORY O COMMITTEE
ADMINISTRATION SECTION 2 Clerks, 1 Encoder/ Programmer
WATERSHED MGT. DIV. WASTE & POLLUTION SOCIO-CULTURAL MGT. Watershed Rehabilitation, MGT. DIV. DIV. Quarrying, Nursery Solid Waste, Liquid Waste, Clean & Green, Eco-Tourism, Establishment, Forest Toxic Waste, Hazardous River Rehabilitation, Parks & Mgt., Drainage System, Waste, Air Pollution, Playground, River Easement, Research & Agricultural Waste, Relocation Research & Instrumentation, Drainage & Sewerage Instrumentation, Monitoring & Monitoring & Evaluation System, Research & Evaluation Instrumentation, Monitoring & Evaluation Section 68. Proposed Environment Office of the City of Malaybalay
ORGANIZATIONAL STRUCTURE
Malaybalay City Environmental Code Page 52 of 59 Proposed Personnel 1 CMENRO G – 24 Step 1 1 Watershed Management Division G – 16 Step 1 1 Waste pollution Division G – 16 Step 1 1 Socio-Cultural Division G – 16 Step 1 2 Staff Clerks G – 16 Step 1 1 Encoder/ Programmer G – 8 Step 1 Watershed Management Division 2 G – 9 Step 1 3 G – 4 Step 1 Waste Pollution Division 2 G – 9 Step 1 3 G – 4 Step 1 Socio-Cultural Division 1 G – 9 Step 1 1 G – 4 Step 1 The Environment and Natural Resources Officer a.) Qualifications, Powers, and Duties – (a) No person shall be appointed environment and natural resources officer unless he is a citizen of the Philippines, a resident of the local government unit concerned, of good moral character, a holder of a college degree preferably in environment, forestry, agriculture or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in environmental and natural resources management, conservation, and utilization, of at least five (5) years in the case of the provincial or city environment and natural resources officer, and three (3) years in the case of the municipal environment and natural resources officer, b.) Duties and Functions :
Malaybalay City Environmental Code Page 53 of 59 (1) Formulate measures for the consideration of the sanggunian and provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of basic services and provision of adequate facilities relative to environment and natural resources services as provided for under Section 17 of RA 7160. (2) Develop plans and strategies and upon approval thereof by the governor or mayor, as the case may be, implement the same, particularly those which have to do with environment and natural resources programs and projects which the mayor is empowered to implement and which the sangunian is empowered to implement and which the sangunian is empowered to provide for under RA 7160.
(3) Additional duties and functions include: (i) Establish, maintain, protect, and preserve communal forests, watersheds, tree parks, mangroves, greenbelts, and similar forest projects and commercial forest, like industrial tree farm and agro-forestry projects; (ii) Provide extension services to beneficiaries of forest development projects and technical, financial and infrastructure assistance; (iii) Manage and maintain seed banks and produce seedlings for forest and tree parks; (iv) Provide extension services to beneficiaries of forest development projects and render assistance for natural resources resources-related conservation and utilization activities consistent with ecological balance; (v) Promote the small-scale mining and utilization of mineral resources, particularly mining of gold; (vi) Coordinate with government agencies and non-governmental organizations in the implementation of measures to prevent and control land, air and water pollution with the assistance of the Department of Environment and Natural Resources; (4) Be in the frontline of the delivery of services concerning the environment and natural resources, particularly in the renewal and rehabilitation of the environment during and in the aftermath of man-made and natural calamities and disasters;
Malaybalay City Environmental Code Page 54 of 59 (5) Recommend to the sangunian and advise the mayor, as the case may be, on all matters relative to the protection, conservation, maximum utilization, application of appropriate technology and other matters related to the environment and natural resources.
CHAPTER 9: PENALTIES AND SANCTIONS
Section 69. Penalties
Any violation of the provision of this code through an ordinance shall be penalized by a fine of not lower than fifty pesos (P50.00) but not exceeding Five Thousand Pesos (P5,000.00) or an imprisonment not exceeding one (1) year or both at the discretion of the Court.
Section 70. Plea-bargaining Agreement
In case the violator is incapable of paying the fine and where no appropriate case has yet been filed with a proper court, the person may opt to enter into a plea-bargaining agreement with the city mayor to render community service of not less than one day or at the discretion of the City Mayor.
Section 71. National Law and Ordinance
The City Government through an ordinance shall only penalize those acts that are not yet covered by national laws or statutes. However, the city ordinance may provide for strategies or modes to make their enforcement effective, with sanctions to be imposed in accordance with pertinent national laws or statutes. Such acts and omissions already penalized by national laws include Forest Conservation; Fisheries Protection; Pollution Control; Environmental Protection; Toxic Substance and Hazardous Wastes and Protected Areas.
Section 72. Administrative Sanctions
The City Government shall impose sanctions other than penal ones, for violation of any city environmental ordinance in the exercise of its management and regulatory functions. These shall come in the form of refusal to issue new or renew permit and
Malaybalay City Environmental Code Page 55 of 59 license; suspension or cancellation of such permits and licenses, declaration and abatement of nuisance, or payment of the cost of rehabilitation of polluted or damaged areas and resources under the “polluter pays principle.”
CHAPTER 10: MISCELLANEOUS PROVISIONS
Section 73. Polluter Pays Principle Polluters and resource users found to have inflicted damage to the land and to the ecological processes dependent on it shall be required to pay the cost of rehabilitation for such damage or to undertake the corrective measures themselves. The formulation of rehabilitation or mitigation plan by erring resource users or polluters shall be consulted with the City Government and other national agencies concerned. The principle does not preclude the polluter from undertaking measures to prevent further damage to the environment. The City Government, in addition to those imposed by national government agencies concerned shall impose disciplinary measures against violators of this policy.
Section 74. Financing the Code
A significant portion of revenues that accrue from land tax measures shall be allocated for the implementation of this Code. Funds have to be appropriated for the maintenance of administrative and enforcement costs; development of capabilities; procurement of equipment; information and education campaign; and equipment and facilities for environmental monitoring and evaluation of relevant agencies or offices of the City Government.
Malaybalay City Environmental Code Page 56 of 59 Section 75. Progressive and Sustained Land Management The City Government shall adopt a dynamic and progressive planning and re- planning cycle for land use management. It shall consider the development of local capabilities for:
a) Long-term planning, monitoring and evaluation of diverse programs
implemented on land use management.
b) Continuing validation, updating and setting of environmental standards that
will guide development planners on new and improved approaches to
environmental management; and
c) Strengthening the City Government’s capability to respond more effectively to
environmental problems.
In all aspect of environmental management, the City Government shall promote and enlist the active participation of the community especially the indigenous peoples, in both planning and implementation stages, in its environmental programs on land resources. Infuse, over a broad perspective, the adoption of sustainable land-use practices, such as land care program, agro-forestry, organic farming system, sloping agricultural land technology (SALT), contour farming, among others, as an obligation of the citizenry.
Section 76. Community Adoption of Rivers and Other Water Bodies
The City Government shall promote community adoption program of rivers and other water bodies for purposes of preservation, cleaning and overall care, and monitoring. Through this program, the community where a water resource is significantly located will be encouraged to adopt the resource within their jurisdiction.
Malaybalay City Environmental Code Page 57 of 59 This is to infuse the sense of responsibility, accountability and active participation in the community on the sustainable management of water resources.
Section 77. Funding Water Resource Development and Management
The LGU shall allocate substantial financial resources to pursue measures to develop, conserve and manage the City’s water resources. Funds shall be allocated to develop research capabilities and institutional cooperation whenever feasible, to acquire technologies to deal with various aspects of regulation, monitoring, and management of watershed resources, including pollution that occur in the said areas. The City
Watershed Protection and Development Council shall be tasked to formulate proposals for activities which shall be proposed for funding from the City Government’s annual budget.
Apart from regular allocations, the City Government shall source funds from fees and penalties collected from identified source of pollution or water resource damage, applying the polluter pays principle and other outside fund sources in the management of its watershed and water resources.
The implementation of mitigating measures, which will be financed by revenues from fees and penalties collected, shall benefit as much as possible those who are directly affected by pollution or environmental destruction.
CHAPTER 11: FINAL PROVISIONS
Section 78. Separability Clause In case any provision of this Code or any portion thereof is declared unconstitutional by a competent court, or declared inconsistent with established national policies and regulations by national government agencies concerned, other provisions of this Code shall not be affected thereby.
Malaybalay City Environmental Code Page 58 of 59 Section 79. Repealing Clause All other ordinances, rules and regulations, or parts thereof, of the City
Government inconsistent with this Code are hereby repealed or modified accordingly.
Section 80. Effectivity This Code shall take effect fifteen days after its approval by the Sangguniang
Panglungsod of Malaybalay City.
ENACTED. ------I HEREBY CERTIFY that the foregoing ordinance is true.
CORAZON VILLANUEVA ITCHON Sangguniang Panlungsod Secretary
APPROVED, JULY 15, 2003:
NICOLAS C. JUROLAN City Vice Mayor Presiding Officer
APPROVED:
FLORENCIO T. FLORES, JR. City Mayor
WMBIDES/
Malaybalay City Environmental Code Page 59 of 59