feb-26-to-march-1-2015-supplement

Feb. 23-Mar.1 & Mar. 2-8, 2015 ENVIRONMENT CODE OF THE CITY OF BAYBAY OUTLINE The Environment Code of the City of Baybay is a compendium of all environmentrelated national laws (republic acts, presidential decrees, executive orders, letters of instructions and department administrative orders) and local ordinances enacted by the Sangguniang Panlungsod that focus mainly on conservation, protection, enhancement, utilization and rehabilitation of the City’s environment including the development, management and administration of its natural resources, specifically on land, air, water and minerals sector and along the functional areas that are devolved to the local government units.

This Environment Code will provide guidance on the design of environmental systems, facilities and green preservation, including mechanisms towards a low-carbon economy.

LGU-Baybay anchored this Environment Code to benefit present and future inhabitants of the City, ensuring that it remains as a liveable, agro-/fishery-industrialized-based economy and eco-tourist destination as stated in its declaration of policy.

After Typhoon Yolanda, LGU-Baybay realized that it is facing a climate-defined future.

Concerns on climate protection are already mainstreamed in this Environment Code in order to minimize the magnitude of impacts due to climate change to the City. The Code includes enabling policies to increase the carbon stock of the City through the protection of its natural resources, maintaining green buffer zones, focusing on its remaining forest areas, watershed areas, resource reserves and potential wildlife sanctuaries. Also integrated are mechanisms to increase awareness, improve knowledge management and capacity development on climate protection that are essential to promote and develop community and institutional efforts on adaptation and resilience to climate change. These include activities such as the observance of global and local events, specifically World Water Day, Environment Month, Arbor and Treeplanting Day and Environmental Education Month.

The Code also strengthens the City Environment and Natural Resources Office (ENRO), also defining its organizational structure and functions and deputization of environmental enforcers. This Baybay City Environmental Code is a key step in implementing a sound and sustainable environmental regulation for the City of Baybay.

REPUBLIC OF THE PHILIPPINES PROVINCE OF LEYTE CITY OF BAYBAY OFFICE OF THE SANGGUNIANG PANLUNGSOD Excerpts from the MINUTES OF THE 6th REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF BAYBAY CITY, LEYTE HELD AT THE SESSION HALL ON FEBRUARY 16, 2015 CITY ORDINANCE NO. 001 S. of 2015 “AN ORDINANCE ENACTING THE ENVIRONMENT CODE OF THE CITY OF BAYBAY, PROVINCE OF LEYTE” Sponsored by: HON. CRISTELO L. LORETO, HON. ALAN D. FERNANDEZ AND HON. TERESITA J. VELOSO Be it enacted bythe Sangguniang Panlungsod of the City of Baybay in session assembled, that: ARTICLE I Section 1. Title This Ordinance shall be known as the Environment Code of the City of Baybay, Province of Leyte, and shall be hereinafter referred to as the Environment Code.

ARTICLE II Section 2. Authority, Governing Laws/Statutes The enactment of this Environment Code is pursuant to Article II Section 16 and Article XII Section I of the 1987 Philippine Constitution and the provisions of Republic Act 7160 or the Local Government Code of 1991, particularly those that provide authority to the Local Chief Executives to protect the environment and impose penalties for acts that endanger thereof, particularly: a) 1987 Philippine Constitution Art. II, Section 15 which states: “The State shall protect and promote the right to health of the people and instill health consciousness among them;” Art. II, Section 16 which states: “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.”

Art. XII, Sec. 2 which states: “All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State.” b) Presidential Decree No. 1152, also known as the “Philippine Environment Code”, stipulated that the environment shall be recognized as a vital concern of the government; c) RA 7160, otherwise known as the Local Government Code of 1991, Book 1, Title 1, Chapter 1, Section 3 (i) which states: “Local government units shall share with the national government the responsibility in the management and maintenance of ecological balance within their territorial jurisdiction, subject to the provisions of this Code and national policies.”; Book III, Title III, Chapter 3, Article 1, Section 455, (b) (2) (3) (vii) on the powers of the City Mayor which states: “Adopt adequate measures to safeguard and conserve land, mineral, marine, forest, and other resources of the city;” and Section 458 (1) (vi), on the powers of the Sangguniang Panlungsod which states: “Approve ordinances and pass resolutions necessary for an efficient and effective city government and in this connection, shall: protect the environment from destructive activities such as dynamite fishing and other forms of destructive fishing, illegal logging and smuggling of logs, smuggling of natural resources products and of endangered species of flora and fauna, slash and burn farming, and such other activities which result in pollution, acceleration of euthrophication of rivers or of ecological balance.” d) The effective implementation of the provisions of this Environment Code is governed by the following specific laws/statutes, policies and all other relative legislations presidential decrees, letters of instructions, executive orders, department administrative orders, memorandum circulars pertaining to environment, relevant rules and regulations, local ordinances of the City of Baybay, specifically the following: 1. The 1987 Philippine Constitution and PD 1152 or the Philippine Environment Code 2. Republic Act (RA) 7160 – The Local Government Code of 1991 and its Implementing Rules and Regulations (IRR) 3. RA 6957 as amended by RA 7718 – An Act Providing for Build-Operate-Transfer.

4. RA 6969 – Known as the Toxic Substances, Hazardous and Nuclear Waste Control Act of 1990 5. RA 7076 – People Small Scale Mining Act of 1991 6. RA 7161 – An Act Incorporating Certain Sections of the National Internal Revenue Code of 1977, as amended.

7. RA 7586 – National Integrated Protected Areas System Act of 1992 8. RA 7942 – The Philippine Mining Act of 1995 9. RA 8435 – Agriculture and Fishery Modernization Act 10. RA 8048 – The Coconut Preservation Act of 1995 11. RA 8485 – Animal Welfare Act of 1998 12. RA 8550 – The Philippine Fisheries Code of 1998 13. RA 8749 – The Philippine Clean Air Act of 1999 and its IRR (DAO No. 81, Series of 2000) 14. RA 9003 – The Ecological Solid Waste Management Act of 2000 and its IRR (DAO No. 34 Series of 2001) 15. RA 9729 - The Philippines Climate Change Act of 2009 16. RA 10121 - The Philippines Disaster Risk Reduction and Management Act of 2010 17. RA 10174 - The People’s Survival Fund, amending RA 9729 18. RA 6657 – Comprehensive Agrarian Reform Law 19. RA 9175 – Chainsaw Act and its IRR (DAO No. 24 Series of 2003) 20. RA 9275 – The Philippine Clean Water Act of 2004 and its IRR 21. RA 9147 – Wildlife Resources Conservation and Protection Act of 2001 22. Commonwealth Act 141, as amended – Public Land Act/RA 9176 23. PD No. 198 – Provincial Water Utilities Act of 1973, as amended.

24. PD No. 979 amending P.D. 600 – Marine Pollution Control Law. 25. PD No. 705, as amended – Revised Forestry Code of the Philippines 26. PD No. 856 – The Code on Sanitation of the Philippines 27. PD No. 953 – Requiring the Planting of Trees in Certain Places and Penalizing the Unauthorized Cutting, Destruction, Damaging and Injuring of Certain Trees, Plants and Vegetation.

28. PD No. 984 – Pollution Control Law of 1977 29. PD No. 1067 – Water Code of the Philippines of 1977 30. PD No. 1096 – National Building Code of the Philippines.

31. PD No. 1151 – Philippine Environmental Policy of 1977 32. PD No. 1152 – Philippine Environment Code of 1978 33. PD No. 1198 – Requiring All Individuals or Partnership Engaged in Exploration

NOTICES and Exploitation of Natural Resources or in Construction of Infrastructure Projects to Restore, Rehabilitate Areas Subject Thereof or Affected Thereby to their Original Condition.

34. PD No.1586 – Environmental Impact Statement System of the Philippines of 1978 35. PD No. 1899 – A Decree Establishing Small Scale Mining as a New Dimension in Mineral Development 36. Executive Order (EO) No. 72 (1993) Re-affirming Specific Provision of RA 7160 on the Need for LGUs to Prepare their CLUPs and Prescribes the Review and Approval Process Therefore.

37. EO No. 111 (1999) –Establishing the Guidelines for Eco-tourism Development in the Philippines.

38. EO No. 113 – Establishing the Gawad Pangulo sa Kapaligiran 39 EO No. 192 – Reorganization of DENR 40. EO No 263 – Community-Based Forest Management Strategy 41. EO No. 247 (1995) – Prescribing Guidelines and Establishing a Regulatory Framework for the Prospecting of Biological and Genetic Resources, their By-Products and Derivatives for Scientific, Commercial and Other Purposes 42. LOI 1260 – Establishing the Integrated Social Forestry Program 43. LOI 1312 – mandates the establishment of tree parks by LGUs 44. DAO No. 78 Series of 1987, as amended – Provides Listing of Tree Premium Species 45. DAO No. 35, Series of 1990 – Revised Effluent Regulation of 1990, Revising and Amending the Effluent Regulations of 1982 46. DAO 2004-04 – Deregulating the Tree Harvesting, Transporting and Selling of Firewood, Pulpwood or Timber in Private Lands.

47. DAO No. 34 Series of 1990 – Revised Water Usage and Classification/Water Quality Criteria 48. DAO No. 40 Series of 1996, as amended – Revised Implementing Rules and Regulations of RA 7942 49. DAO No. 30 Series of 1991 – Guidelines for the Transfer and Implementation of DENR Functions Devolved to LGUs 50. DAO No. 30 Series of 1997 – Small Scale Mining Safety Rules and Regulations 51. DAO No. 52, Series of 2000 – Revised Guidelines in the Issuance of Private Land Timber Permit (PLTP) 52. DAO No. 7, Series of 1994, as amended – Revised Guidelines in the Issuance of Certificate of Origin for Logs, Timber, Lumber and Non-Timber Forest Products 53. DAO No. 97-32, Series of 1997 – Rules for the Administrative Adjudication of Illegal Forest Products and Machinery, Equipment, Tools and Conveyances Used in Connection Therewith.

54. MAO No. 41 Mineral Resources Decree – Rules and Regulation Governing the Granting of Small Scale Mining Permits Under P.D. 1899 55. MAO No. MRD 41 – A & B – Amendment to MRD 41 56. DOH Administrative Order No. 18 Series of 1993 – Standards of Quality and Requirements for the Processing, Packaging and Labeling of Bottled Drinking Water 57. DAO No. 2, Series of 2003 – Implementing Rules and Regulations of RA 9072 58. DAO No. 4, Series 1999 – Rules and Regulations on the Conduct of Scientific Procedures Using Animals 59. DA AO No. 21, Series of 1999 – Code of Conduct in the A) Euthanasia for Pets/ Companion Animals; B) Slaughter of Animals for Food.

60. DA-AO No. 8, Series of 1999 – Rules and Regulations of Animal Control Facility, Aviary, Cattery, Circus/Carnival Animal Show, Corral, Crocodile, Farm, Dog Farm, Kernel, Laboratory Animal Facility, Monkey Farm, Pet Shop, Poultry Farm, Race Tracks and Equestrian Establishment, Slaughter House, Stock Farm Disease(FMD), Recovered Animals S.,1995 61. NMIC MC # 1-97 – amendment Re: NMIC # 7-94 dated 23 December 1994 NMIC Guidelines in Support to DA’s Reportable Disease Eradication Program, 14 May 1997.

62. PPA MC 17-95 –Assistance to the Efforts of the BAIRC Outbreak of Foot and Mouth Disease, 11 April 1995 63. PPA MC # 09-95 – Assistance to the Efforts of the BAI, Re: Outbreak of Foot and Mouth Disease, 15 February 1995 64. BAI MC No. 8, Series of 2002 – Guidelines for FMD Protected Area Declaration, 30 July 2002 65. DA-DILG AO No. 3 (1996) – Rules of the Preferential Treatment to Small Fisherfolks 66. DAO 15, Series of 1990 – Guidelines on the Establishment and Management of Mangrove 67. DAO 30, Series of 1994 –Guidelines for NGO-assisted Community-based Mangrove Forest Management 68. DA-DENR Joint General Memorandum Order No. 3 (1991) – Guidelines on the Conversion of Underutilized, Underdeveloped, Abandoned Fishponds to Mangroves 69. DAO 15, Series of 1990 – Regulations Governing Management of Mangrove 70. DAO 98-24, Series of 1998 – Schedule of Approving Authority for Foreshore Lease 71. DA-DILG-DENR-DOJ Joint Memorandum Order No. 2 (1996) – Guidelines in the Implementation of EO 240 72. EO 240 – Creation of FARMCs 73. EO 117, Series of 1993 – Establishes the Inter-Agency Task Force for Coastal Environment 74. Ordinance 016, Series of 1959, on Regulating Fishing and Fisheries in the Municipality of Baybay, Leyte Prescribing Penalties thereof and for other Purposes 75. Ordinance 009, Series of 1960 on Improving Annual Registration Fees on Native Boats and or Bancas Powered with Inboard or Outboard Motor in the Poblacion of Baybay , Leyte, Used for Fishing either for Personal Use of Commercial Prescribing thereof and for other Purposes 76. Ordinance 027, Series of 1962, on Regulating Fishing and Fisheries in the Municipality of Baybay, Leyte, Prescribing Penalties thereof and for other Purposes 77. Ordinance 004, Series of 1964 on Anti-Littering and Prohibiting Person or Persons from Throwing any Refuse or Garbage and/or Spitting into Streets, Canal or any Place Not Appropriate Within the Poblacion of this Municipality of Baybay, Prescribing Penalties thereof and for other Purposes 78. Ordinance 020, Series of 1964 on Prohibiting Sinsoro Operators to Use Explosives in Fishing and Penalizing if Caught Using Explosives 79. Ordinance 009, Series of 1965 on Prohibiting and Penalizing Sinsoradores to fish in Baybay Waters Without First Securing Permit from the Municipal Government of Baybay, Leyte 80. Ordinance 068, Series of 1966 Prohibiting Any Person/Persons or Corporation to Gather and Haul Sand and Gravel Within the Territorial Jurisdiction of Barrio Sto. Rosario, this Municipality, and Imposing Penalty for Violations thereof and for other Purposes 81. Ordinance 004, Series of 1983 Regulating the Hauling of Local Minerals, Particularly the Sand, Gravel Stones and Other Allied Aggregates in the Shores, River Beds, and Banks and other Similar Areas of Baybay, Leyte, Prescribing Penalties thereof and for other Purposes 82. Ordinance 011, Series of 1983 Regulating the Hauling of Local Minerals Particularly the Sand, Gravel Stones and Other Allied Aggregated in the Shores, River Beds and Banks and other Similar Areas of Baybay, Leyte Prescribing Penalties thereof and for other Purposes 83. Ordinance 20, Series of 1983 Prohibiting the Dumping of Waste Matters, Garbage and Other Waste Materials Along the Seawall and Causeway in the Poblacion of Baybay, Leyte Including the Beaches from Sitio Lawis, Barangay Hipusngo, Up to the Visayas State College of Agriculture, Prescribing Penalties thereof and for other Purposes 84. Ordinance 013, Series of 1988 Regulating and Imposing a Mayor’s Permit Fee for the Extraction of Sand and Gravel in the Municipality 85. Ordinance 015, Series of 1990 Requiring All Owners of Chain Saws for Hire in the Municipality of Baybay, Leyte to Register Their Said Equipment in the Office of the Municipal Mayor, Prescribing Penalties thereof and for other Purposes 86. Ordinance 024, Series of 1992 Requiring All Stall, Stores or Commercial Establishments in Baybay, Leyte to Provide Their Own Trashcans to be Placed in Strategically Conspicuous Places at Their Respective Establishments, Prescribing Penalties thereof and for other Purposes 87. Ordinance 93-013, series of 1993 on Anti-littering, and Prohibiting Any Person or Persons from Improper Urinating, Throwing of any Refuse or Garbage, Cigarette Butts, Match Sticks, Into the Canals and on the Streets or in Any Public Places Not Appropriate Place Within the Municipality of Baybay, Leyte 88. Ordinance 07-A, Series of 2011 Amending Municipal Ordinance 01, series of 2005 on the Comprehensive Solid Waste Management of the Municipality of Baybay, Leyte 89. Ordinance 007-A, Series of 2011 Amending Article II - coverage of the Comprehensive Solid Waste Management Ordinance of 2010 of the City of Baybay to Include Brgy.

Cogon of this City 90. Ordinance 011, Series of 2011 Amending Article X, Administration and Enforcement Section 31 of the City Ordinance No. 02, series of 2010, better known as An Ordinance Establishing and Adopting the Comprehensive Zoning Ordinance of the City of Baybay 91. Ordinance 007, Series of 2013 Regulating the Use of Plastic Bags in the City of Baybay, and Providing Mechanism for its Recovery and Recycling, and Providing Penalties for Violations thereof.

Section 3. Vision It is the vision of the City to be “an agri-industrialized, environmentally sustainable,

A progressive and peaceful community, whose residents are healthy, empowered and law-abiding under the guidance of competent and development-oriented leaders.”

Section 4. Mission It is the mission of the City to “promote local autonomy by developing and strengthening the capabilities of the city government in order to effectively provide the necessary basic services to the people, institutionalize people’s empowerment by enjoining them to participate in local governance in order to achieve a progressive and self-reliant community.”

Section 5. Declaration of Policy It is hereby declared by the City Government of Baybay to push for the attainment of sustainable development goals, thus it has placed environmental protection as a basic foundation of the sustainable development of the city, through judicious use of its natural resources and institution of appropriate environmental measures and reforms that will enable every citizen to provide for their needs without jeopardizing the future generations’ capacity to meet their own, also ensuring that the city remains as a liveable agro-/fishery-industrialized-based economy and as eco-tourist destination.

Section 6. Purpose(s) This Environment Code is enacted to integrate the planning, environmental impact assessment, implementation, management, monitoring and evaluation of programs, services, projects and activities on all environmental laws through effective and efficient legislative enactment in order to attain the goal for a better quality of life for the citizenry of Baybay City in the context of healthful ecology, environmental, social and economic security, specifically on the following: a) For the Environment Code to be an instrument so that the goal, vision and mission of the City may be realized; b) To operationalize the mandate provided by the Local Government Code that local government units shall share with the national government the responsibility in the maintenance of ecological balance within their territorial jurisdiction; c) Put into motion the powers of the City Government to enact ordinances and resolutions to protect the environment; d) To ensure the rights of Baybay constituents, present and future generations, to a balanced and healthful ecology in accord with the rhythm and harmony of nature; likewise, ensure the freedom of all Baybayanons from all risks, dangers, hazards of pollution, impacts of climate change and environmental disasters; e) Provide guidance to the City Government, other government agencies, business and commercial establishments as well as the general public in environmental protection and management through the implementation of the environmental impact assessment for all proposed projects and undertakings in the City; f) Set up institutional mechanisms that shall oversee the implementation and monitoring of the Environment Code; g) Provide a quick response mechanism for the City Government to take immediate actions on environmental law violations; h) Forge partnerships and other administrative arrangements with governments agencies such as the DENR, EMB-8, NWRB, LTFRB and with civil society organizations (CSOs), the academe, the church and other sectors in the sound management, development and protection of the environment of the City of Baybay; and i) Provide for funding support as may be needed to implement, monitor and strengthen environmental protection and management in the City.

Section 7. Operative Principles This Code is anchored on the following principles: 5.1 The Principle of Sustainable Development Consistent with this principle, the City of Baybay envisions the equitable and wise utilization and ecosystem management of natural resources to meet the needs of the present generation without compromising that of the future generation.

5.2. The Principle of Stakeholders’ Participation The strategy towards sustainable development should be democratic, participatory and in partnership with the private sector, civil society organizations (CSOs), and other stakeholders.

5.3. The Principle of Integration This Environment Code integrates national, provincial, municipal and barangay policies, plans and programs into local development initiatives 5.4. The Principle of Development Legislations This principle provides the basis for the enactment and enforcement of laws that meet the needs of every Baybayanon in a holistic manner. It takes into consideration the impact of rules and policies on the lives of the disadvantaged and marginalized sectors, the environment and health for its inhabitants and likewise safeguards resources for the needs of the present and future generations.

5.5 The Precautionary Principle This Environment Code provides a framework of norms, standards and requirements to apply precautionary approach to the assessment of risk of environmental harm. Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing cost-effective measures to prevent environmental degradation.

5.6 The Polluter Pays Principle The earth’s resources, being finite, and development is inevitable, the ‘polluter pays’ principle is adopted to compensate the external cost of pollution affecting the community and environment. This principle also calls for a compensation for damage done to the environment with the polluters bearing an appropriate share of the costs that arise from their activities, products, substances, and services.

5.7 The User’s Fee Principle To ensure sustainability of resource base and wise management for the maintenance of ecological balance, this principle calls for the levying of appropriate fees and charges to all users of natural wealth of the City of Baybay subject to existing applicable laws, rules and regulations provided that all fees collected shall be deposited in a trust fund to be utilized for projects to protect the environment.

5.8 Co-Management, Co-Production Sharing and Joint Venture Agreement The protection and management of our natural resources must be a shared responsibility of the government and the civil society with an end goal beneficial to both parties. The City Government of Baybay can enter into a co-management, co-production sharing and joint venture agreements with National Government Agencies (NGAs), CSOs and private sector in the protection and management of our natural resources subject to the provisions of the existing laws and regulations.

5.9 The Principle of Adaptive Management This principle shall recognize and implement a process of environmental up-keeping of the City of Baybay to ensure absorptive and adaptive capacitation against natural changes and anthropogenic causes.

Section 8. Definition of Terms As used in this Environment Code, the following words and phrases shall mean as follows: Agricultural waste - refers to waste generated from planting or harvesting of crops, trimming or pruning of plants and waste or run off materials from farm and field. This also includes waste, either solid or liquid, derived from institutions that use, manufacture or dress crops or livestocks such as food companies, abattoirs, etc.

Air pollutant - in accordance with Article 2, Section 5 (Definition of Term) of the Philippine Clean Air Act refers to any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the inert gases all in their natural or normal concentrations, that is detrimental to health or the environment, which includes but not limited to smoke, dust, soot, cinder, fly ash, solid particles of any kind, gases, fumes, chemical mists, contaminated steam and radioactive substances.

Biological diversity - means the variability among living organisms from all sources including terrestrial, marine, and other aquatic ecosystem and the ecological complexes of which they are part; this includes diversity within species, between species and ecosystems.

City - refers to the City of Baybay.

City ENRO - refers to the City Environment and Natural Resources Office.

DENR - refers to the Department of Environment and Natural Resources, which, under Executive Order 192, Series of 1987 is the primary government agency responsible for the conservation, management, development and proper use of the country’s environment and natural resources.

Discharge Permit - refers to the clearance or legal authorization granted by DENR/EMB-8 to a person to discharge liquid waste or wastewater of specified concentration and volume that directly or eventually drains into any sewer system or any water body for a specified period of time and under such terms and conditions as contained in said permit.

DOH - refers to the Department of Health.

DPWH - refers to the Department of Public Works and Highways.

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

B Eco-park - refers to ecological parks to be established in barangays where people can commune and enjoy nature.

Effluent - refers to any wastewater, partially or completely treated, or in its raw natural state or liquid waste flowing out through a pipe or a single outlet structure from a manufacturing/ industrial plant or wastewater treatment plant.

EMB-8 - refers to the Environmental Management Bureau-Region 8 Office in Tacloban City.

Emission - refers to the act of passing into the atmosphere an air contaminant, pollutant, gas stream and unwanted sound from a known source.

Environment - refers to the quantity, diversity and sustainability of renewable and nonrenewable natural resources, including the ambient environment such as the atmosphere, climate, sound, and odors that are critical determinants of the quality of life. In a broad sense, it shall include the total environment of man such as economic, social, cultural, political, and historic factors.

Environmental Compliance Certificate (ECC) - refers to the document issued by DENR/ EMB certifying that the project under consideration will not bring about an unacceptable environment impact and that the proponent has complied with the requirements of the environmental impact statement system and that the proponent will further comply with the obligations set forth in said ECC for its continued operations.

Flood neutral development - refers to land development that mitigates flooding by retaining/detaining additional flood waters due to conversion of permeable lands within a property. t) “Hazardous wastes” refer to substances that are without any safe commercial, industrial, agricultural, or economic usage and which may cause danger to health and safety of people, plants and animals.

HLURB - refers to the Housing and Land Use Regulatory Board.

LTO - refers to the Land Transportation Office.

LTFRB - refers to the Land Transportation, Franchising and Regulatory Board.

Materials Recovery Facility - refers to the station where recyclable solid waste materials are stored and includes a solid waste transfer station or sorting station, drop-off center, a composting facility and a recycling facility.

Mayor - refers to the City Mayor of Baybay.

NWRB - refers to the National Water Resources Board.

Person - refers to natural or juridical person.

PG-ENRO - refers to the Provincial Government Environment and Natural Resources Office of Leyte.

Plastic bag - refers to sando bag, pouch, plastic shopping bag and plastic film bag. It is a type of flexible packaging material made of thin, plastic film that is used for containing and transporting goods and other products (commercial or industrial). It shall also refer to thin gauge packaging medium that is used as bags or wraps.

Primary packaging material - refers to those materials used as the first bag or packaging material for the goods or products.

Private lands - refer to lands owned by private persons.

Public lands - refer to lands owned by the government.

Rain garden - is a planted depression that allows rainwater run-off from impervious urban areas like roofs, driveways, walkways, parking lots, and compacted lawn areas the opportunity to be absorbed. This reduces rain run-off by allowing storm water to soak into the ground (as opposed to flowing into storm drains and surface waters).

Recycling – is an effective means of conserving resources, reducing waste disposal, and often, of cutting costs in disposing waste and used materials for some useful purposes.

Reforestation – refers to the process of renewing, restoring and re-establishing the forest cover on denuded lands by either direct seeding or planting with the use of tree seedlings or cutting.

Reservoir – an artificial impoundment where water is kept for future use. The use of pond reservoir is to allow the setting of organic matter from the water source before it is used in the ponds.

River – refers to the natural surface stream of water of considerable volume and a permanent seasonal flow where navigational lanes are defined.

Retention pond - is a pond that has water and retains water at all times. It is designed to hold a specific amount of water indefinitely. The pond has a drainage leading to another location when the water level gets above the pond capacity, but still maintains a certain capacity.

Sanitary landfill - refers to a waste disposal site designed, constructed, operated and maiStained in a manner that exerts engineering control over significant potential impacts arising from the development and operation of the facility.

Secondary packaging material - refers to those types of packaging materials used for wet goods to provide support to the primary packaging material first used and is intended to better the packaging and for the convenience of the handler as well.

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

Segregation at source - refers to a solid waste management practice of separating, at the point of origin different materials found in solid waste in order to promote recycling and re-use of resources and to reduce the volume of waste for collection and disposal.

Septage – means the sludge produced on individual on-site wastewater disposal systems, principally septic tanks and cesspools Settling Pond – refers to a pond specially designed for the setting of heavily loaded particles and other organic matter in the water before disposal to the surrounding environment.

Sewerage – includes, but not limited to, any system or network of pipelines, ditches, channels, or conduits including pumping stations, lift stations and force mains, service connections including other constructions, devices, and appliances appurtenant thereto, which involves the collection, transport, pumping and treatment of sewage to a point of disposal.

Slaughter – refers to humane killing of animal for food.

Smoke belching vehicles - are vehicles that emit excessive smoke than that allowed by law and regulations that endangers health of people when being exposed and may lead to various lung-related ailments.

Solid wastes - refer to all discarded household, commercial wastes, non-hazardous institutional and industrial wastes, street sweepings, construction debris, agricultural wastes, and other non-hazardous/non-toxic solid wastes.

Solid waste management - refers to the discipline associated with the control of generation, storage, collection, transfer and transport, processing, and disposal of solid wastes in a manner that is in accord with the best principles of public health, economics, engineering, conservation, aesthetics, and other environmental considerations, and that is also responsive to public attitudes.

Styrofor - refers to a packaging material used as food containers, disposable cups, plates, etc.

Sustainable Development – is a process of development in which the use of resources, direction of investments, orientation of technological development, and institutional change are all directed harmoniously altogether to meet the present and future human needs and aspirations. (Philippine National Biodiversity Study, 1997). It also means meeting the needs of the present generation without compromising the ability of future generations to meet their own needs. (Brundtland Report, 1987 WECD) Tenurial Instrument – is an agreement or contract between DENR and an individual, people’s organization or corporate entity which guarantee peaceful possession and use of specific forest land area and the resources found therein within a given time period. Such an agreement or contract cannot be altered or abrogated without due process.

Tree Park – refers to the land outside the protected area, developed and maintained to enhance the beauty and improve the ecosystem and to provide the populace a healthy and wholesome environment and serve as a show window for nature conservation.

Wastewater – means waste in liquid state containing pollutants Water Pollution - means any alteration of the physical, chemical or biological or radiological properties of a water body resulting in the impairment of its purity or quality.

Water Quality – means the characteristics of water which define its use in terms of physical, chemical, bacteriological or radiological characteristics by which the acceptability of water is evaluated.

Wetlands – are regularly wet or flooded and has water table that stands at/ or above the land surface for at least part of the year.

Wildlife – are wild animals, birds and other living things that includes vegetation living in a natural, undomesticated state.

Zonation Plan – defines the boundaries of specific areas for fisheries utilization and development purposes.

ARTICLE III - Integrated Solid/Hazardous Waste Management and Land Pollution Control Section 9. Operative Principles The City of Baybay envisions being a model in waste management and free from any form of pollution. The City, in recognizing that the increasing level of economic activities and population growth would lead to an increase in the volume of wastes, could contribute to global warming and climate change, and could pose adverse impact on the environment and health of the populace, so hereby adopts the following principles: a) The City shall ensure and maintain ecological balance and safeguard public health

NOTICES through sustainable and integrated waste management; b) The City shall adopt and adhere to the provisions of RA 6969, otherwise known as the “Toxic Substances and Hazardous Nuclear Wastes Control Act of 1990”, and RA 9003, otherwise known as the “Philippines Ecological Waste Management 0f 2000”, and shall ensure that pollution arising from harmful gases, particulates, and leachate produced by burning and dumping of hazardous substances are minimized if not abated; c) The City, realizing the adverse effects of global warming and climate change, shall ensure, as mitigation measure, to reduce greenhouse gas emissions due to methane coming from indiscriminate disposal and decomposition of bio-wastes; d) The City, cognizant of the primary role of LGUs in ecological solid waste management, for this purpose, commits to control and regulate solid waste generation through segregation at source, storage, collection, transport, recovery and recycling of refuse materials, including treatment and final disposal into a sanitary landfill of the residual waste, in accordance with RA 9003 and the City’s 10-Year Comprehensive Solid Waste Management Plan; e) The City, cognizant of the crucial role of barangays and the police in implementing RA 9003, for this purpose, shall give primary responsibility to its barangay officials and police officers to ensure compliance to the mandate of RA 9003; f) The City shall enlist all sectors of the City in ecological solid waste management; g) The City shall adhere to the provisions of the “Stockholm Convention on Persistent Organic Pollutants” and shall coordinate with the DENR/EMB-8 Office and other government agencies to ensure that these pollutants do not find their way to the City; h) The City shall come up with a system of rewards and incentives to those who champion on solid waste management, and corresponding penalties and obligations to violators.

Section 10. Responsibility of Commercial Establishments and Institutions in SWM All commercial establishments, stalls and stores, whether for profit or not, including all institutions, offices, schools, hospitals and clinics shall, before they are issued the necessary Mayor’s Permits, make an undertaking, through the Office of the City Environment and Natural Resources Officer (City ENRO), that they shall be responsible for the cleanliness in their respective establishments and in their peripheries, and if the Mayor’s Permit is for renewal, a report on the status of their cleanliness and a commitment/undertaking to be responsible for the cleanliness in their own establishment and in their peripheries.

At their own expense, all establishments and institutions shall practice segregation at source, and provide their own garbage bins for recyclable and residual waste to be placed in strategically conspicuous places at their respective establishments, likewise to display in their respective businesses that they advocate and support a “Clean City of Baybay” or words to that effect.

The City Mayor or the City ENRO as his duly authorized representative shall have the authority to inspect any establishment at any time during office hours to inspect their cleanliness programs and campaigns. All those found to be in violation will be issued citation tickets and be required to undertake cleaning operations.

Section 11. Requiring All Public Vehicles to Put-up Waste Receptacles All public utility vehicles such as jeepneys, buses and tricycles shall put up their own wastebaskets/waste receptacles in their vehicles.

Section 12. Prohibiting Littering, Spitting, Urinating and Defecating in Public Places A City Ordinance shall be enacted prohibiting any person to litter, spit, urinate, defecate human waste or excreta and otherwise indiscriminately dump wastes in vacant lots, sidewalks, street plazas, public landmarks and all other public places in the City.

Section 13. Regulating Use of Plastic Bags and Styrofor Plastic bags and styrofor are materials that do not degrade easily in the environment and mostly form the bulk of solid wastes. The use of these materials shall be assessed and regulated by LGU-Baybay and shall be considered in a specific local ordinance.

Section 14. Barangay and Police Officers in the Forefront of SWM Every barangay official, police officer in the City shall be in the forefront of integrated solid waste management and shall have the responsibility to ensure that the provisions of RA 9003 are enforced. For this purpose, every barangay official shall ensure that their respective areas of assignments are clean and shall assist in the apprehension of violators of RA 9003.

Once a month, barangay officials shall likewise conduct their own cleanliness program to showcase to the people their leadership in complying with the provisions of RA 9003. The Barangay Chairperson shall submit a quarterly report to the City Mayor through the City ENRO on their accomplishments in this regard. The City ENRO shall come up with a yearly reward system on the cleanest barangay.

Section 15. Toxic and hazardous wastes.

The City hereby adopts and adheres to the provisions of RA 6969 in the handling and disposition of toxic and hazardous wastes, including persistent organic pollutants and health care/hospitals wastes.

ARTICLE IV - Water Resources Management and Water Pollution Control Section 16. Operative Principles The City of Baybay envisions being a model in sustainable water management. The City shall ensure that: a) The primary need of its residents for clean domestic water will be sustainably met; b) Clean and sufficient supply of water is secured and sustained, made available and prioritized in the following order: domestic use, ecological flows, and economic use (i.e. agricultural, industrial and recreational); c) Urban riverside reserves are established and maintained, and that all adjoining water bodies are protected and rehabilitated to restore and maintain river ecosystem and to conserve ecological habitat and its biodiversity for the benefit of present and future inhabitants of the City; d) The City hereby adopts RA 9275, otherwise known as the “Philippine Clean Water Act of 2004”.

A. Provisions to Ensure Sustainable Water Supply Section 17. Integrated Water Resources Management Plan Within one (1) year from the passage of this Environment Code, the City Mayor together with BCWD, EMB-8, DENR/CENRO-Baybay, City ENRO and barangay officials, private sector group, civil society organizations and other concerned national government agencies shall formulate an Integrated Water Resources Management Plan. The purpose of the plan is to secure and sustain water supply for all City residents.

Section 18. Regulating the Installation of Overhead Water Tanks The installation and use of centralized overhead water tanks in sub-divisions that draws water from groundwater resource shall be regulated. The Mayor shall formulate the necessary guidelines to regulate overhead installation of water tanks taking into account availability of water for all.

B. Provisions to Ensure Water Quality Section 19. Water Quality Monitoring Within one (1) year from the effectivity of this Code, the City Mayor, in consultation with DENR, DENR/EMB-8, BCWD and other concerned national government agencies and private sectors shall come up with a Water Quality Monitoring Plan. Likewise, the City should coordinate with DENR/EMB-R8 in the conduct of water sampling and analysis of water samples for effective water quality monitoring of major water bodies in the City, including identification of potable water sources.

Section 20. Annual Environmental Clearance of Industrial Firms All industrial firms, including desludging operators of septic tanks, commercial poultry and livestock farming, shall be subjected to an annual environmental clearance evaluation of the City ENRO, prior to securing a Business Permit. Any firm found to be violating its environmental responsibilities shall not be issued business permits until corrective measures are instituted.

Likewise, the City shall require all industrial firms to: a) Establish water treatment facilities and waste disposal system; b) Control and abate effluents and other pollutive substances and wastes to be disposed of in unprotected lands or to enter into waterways to prevent its contamination; c) Adopt precautionary measures, clean production techniques, recycling and waste audits and minimization in all stages of industrial operations.

The City, through its City ENRO, shall coordinate with the DENR/EMB-8 in conducting regular environmental monitoring to synchronize, consolidate and simplify environmental monitoring forms and guidelines.

Section 21. Environmental Clearance for Livestock and Poultry Farms Backyard livestock and poultry raising within the urban and sub-urban areas in the City are not allowed anymore to operate. All livestock and poultry farms that are otherwise exempt from ECC requirements from the DENR/EMB-8 due to population or number of heads must obtain an environmental clearance from the City ENRO prior to securing a Business Permit.

Feb. 23-Mar.1 & Mar. 2-8, 2015 Section 22. Prohibition on the Disposal of Effluent and Sludge No person shall dispose or cause to allow disposal of effluent and sludge from septic tanks, industries, motor repair shops, motor pools, vehicle garage and terminal, car wash and junkshops establishments, gasoline stations, livestock and poultry and other similar establishments, into drainage canals, creeks, rivers or any water body, including land areas to avoid pollution.

Section 23. Measures to Address Problems on Recharge and Flooding To address the problems of recharge and flooding in the City, future land developments shall be flood neutral. Contractors, developers and/or planners shall incorporate in their development plans provisions for retention ponds, detention ponds, rain gardens and/or swales as long as these are appropriate in the area being developed. The size and dimensions of the pond shall be determined on the basis of the pond design guidelines/standards of the Department of Public Works and Highways (DPWH). The size of the detention or retention pond shall be at least 2% of the total area for low and medium-density residential development, parks, golf courses or any development with less than 30% built-up area and at least 4% of the total area for high-density residential, commercial and industrial development or any development with more than 30% built-up area. These areas can be sited on within the 30% open space of the subdivision, or in any other place as may be determined by the developer.

Contractors, developers and/or planners who fail to comply with the foregoing in their plans shall not be endorsed for approval of the City ENRO. Failure of the contractors, developers and/or planners to execute their approved plans shall be sanctioned with the revocation of their development permit, without prejudice to making the necessary remedial measures at their own expense.

Section 24. Maintenance of Drainage Systems The City Mayor shall adopt necessary measures to ensure that adequate City and barangay drainage systems are established and maintained to prevent the negative effects of all types of effluents on both surface and underground water quality.

Section 25. Rewards and Incentives The City Mayor shall give rewards and due recognition to contractors, developers and/ or planners who adopt and comply with the best practices for water resources conservation and protection. Likewise, appropriate incentives for entities which shall adopt and/or introduce innovative methods, measures, technologies, techniques and processes that will reduce flooding and/or encourage water recharge in the City shall be formulated.

C. Provisions to Ensure River Reserves and Conservation of River Ecosystem Section 26. Rehabilitation and Protection of Pagbanganan River and Other Rivers/ Streams under the Jurisdiction of Baybay City Historically, Pagbanganan River is closely related to the daily common life of the constituents of Baybay City. As such, the rehabilitation of the Pagbanganan River shall be one of the top development priorities of the City, considering that it is a major tributary of Baybay City, and that whatever environmental damage of said river can also adversely affect the City in terms of agriculture, socio-economic and environment impacts. To rehabilitate and protect Pagbanganan River, including all other rivers/streams within the jurisdiction of Baybay City, the City shall: a) Implement measures relevant to the rationalization of the management of the country’s major river basins (EO 510) and Integrated Coastal Management for major river tributaries; b) Initiate linkages and improve inter-governmental and unit coordination and public/ private partnership in integrated coastal and river management, and shall initiate programs and extend participation to all constituents of the City; c) Organize a Pagbanganan River Management Committee that shall take on the supervision and coordination of efforts, development and implementation of programs for the management, rehabilitation and maintenance of Pagbanganan River; d) Allocate funds for the use of the Pagbanganan River rehabilitation and enhancement program. The rehabilitation plans and programs shall be dubbed as “Adopt Pagbanganan River” with the participation of various stakeholders. The following activities shall be implemented:(1) launching of a river clean-up and maintenance by dredging, and removal of oil and grease, solid wastes, and debris and other contaminants by physical, mechanical and biological methods (2) quarterly monitoring of water quality (3) riverside tree planting (4) awareness campaign on the importance of river ecosystem (5) bamboo and/or mangrove tree-planting; e) Similar strategies for Pagbanganan River shall be implemented to rivers and other surface waters within the jurisdiction of Baybay City.

Section 27. Duties and Functions of the Pagbanganan River Management Committee a) The Pagbanganan River Management Committee shall consist of the City Mayor as chairman and the City ENRO as Secretariat, one (1) representative from each of the following, City Engineers Office, CPDO, DPWH, DOH, private sector, farmer sector (especially association of livestock growers), youth sector, including one representative from each of the council of the barangays along the River; Baybay City Sanguniang Panlungsod Committee Chairman on Environment and DENR/CENRO-Baybay; b) The Committee shall likewise bring together diverse river interests to create a system approach for the clean-up, restoration of landscapes, and rehabilitation of river ecosystem, preservation, and enhancement; c) The Pagbanganan River Management Committee shall be responsible in gathering, conducting and compiling pertinent information regarding the Pagbanganan River, adjoining bodies of water, and its ecosystem. The Committee in coordination with other sectors can request or employ the help of private sectors if necessary, for the gathering of information needed to decide on measures for the rehabilitation and protection of Pagbanganan River; d) The Committee shall take in consideration possible sources of river pollutants and employ all possible ways or solutions to include strategic, structural and technological means in order to mitigate, if not completely stop, the flow of the pollutants to Pagbanganan River and other minor tributaries in the City; e) The Committee shall be tasked to provide essential information on the water quality of the river and its tributaries, pollution sources and emission discharges and concentrations, degraded habitat and ecosystem through the City ENRO, in coordination with DENR/EMB-8 in its program on Ädopt-a-River and Linis Estero”; f) The Committee shall also determine and implement best management practices for Pagbanganan River including the Integrated Coastal Management in all its tributaries wherein the combined resources and capabilities of the public and private sectors are utilized Section 28. Rehabilitation and Protection of All River Embankments and Implementation of ‘no-build zones’ The Mayor shall adopt adequate measures for the implementation of clearance, easement or ‘no-build-zones’, rights of way and greenbelts along river banks as prescribed by law, and Presidential Decree No. 1067 otherwise known as the Water Code of the Philippines, which provide that “banks or rivers and streams and seashores of the seas throughout their entire length and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along margins are subject to easement for public use in the interest of recreation, navigation, floatage, fishing and salvage”.

Section 29. Punishable and Prohibited Acts a) Dumping of wastes in Pagbanganan River or in any of the bodies of water, whether solid or liquid, or any matter that causes pollution, is strictly prohibited; b) No individual, or establishment/institution, whether public or private, is allowed to directly dispose of their wastewater into the Pagbanganan River without undergoing appropriate water treatment process as advised by the City ENRO; c) Introduction of invasive alien species (IAS) in Pagbanganan River proper and other bodies of water within the City is prohibited.

Section 30. Fines and Penalties under this Ordinance Any person who commits any of the prohibited acts provided in this Article shall be penalized and be fined an amount of Php 5,000.00 or imprisonment of not more than one (1) year or both, at the discretion of the Court. If the offense is committed by a corporation, partnership or other juridical entity duly organized in accordance with law, the chief executive officer, president, general manager or person-in-charge shall be liable for the commission of the offense penalized under this Ordinance.

ARTICLE V - Air Quality Management and Odor/Noise Pollution Control Section 31. Operative Principles Baybay City envisions being a model City in air quality and noise management. a) The City recognizes that measures should be in place to manage and control air and noise pollution to ensure that the health and well-being of its people are protected. For this purpose, the City, pursuant to Section 17 of RA 7160 (the Local Government Code) reaffirms its authority to enforce pollution control laws and take over the testing and apprehension of smoke-belching vehicles and in the abatement of noise and nuisance. b) The City reaffirms the principle enunciated in RA 8749 (the Clean Air Act of 1999) to the effect that the responsibility of cleaning the habitat and environment is primarily area-based;

Feb. 23-Mar.1 & Mar. 2-8, 2015 that polluters must pay; and that a clean and healthy environment is for the good of all, and should therefore be the concern of all. c) The City, pursuant to Section 17 of RA 7160 (the Local Government Code) reaffirms its authority to enforce pollution control laws and take over the testing and apprehension of smoke-belching vehicles and in the abatement of noise and nuisance. For this purpose, the City will partner and enter into administrative arrangement with NGAs, such as DENR/EMB-8 and LTO to abate air pollution in the City.

Section 32. Industrial Air Pollution Control The City in collaboration with DENR/EMB-8, shall ensure that industrial firms operating within the City shall comply with air quality standards, periodically tests the emissions of industrial firms and establish adequate capability to respond to citizen’s complaints on industrial air pollution.

Section 33. Vehicle Emissions Control The City in coordination with the Land Transportation Office (LTO) shall establish a regulatory system to ensure that the emission of vehicles operating within the City is in accordance with the standards provided for under existing laws. Administrative arrangements with LTO shall endeavor to deputize the City Government to undertake the necessary testing and initiate the prosecution of those in violation.

Section 34. Control and Regulation of Noise Pollution No person shall cause to allow or permit the creation of any unnecessary noise through the use of any device on any street adjacent to any hospitals, schools or courts of justice.

The City shall be responsible in evaluating the noise generating potential of infrastructure projects as part of its responsibility in the grant of zoning clearances and building permits. All projects which generate potential noise level must conform to the standards established by the DENR, the Occupational Health and Safety Standards of the DOLE, the DOH and other offices and shall be required to install soundproofing devices and eliminate vibration. In consultation and coordination with DENR, DOLE and DOH and other offices, noise and vibration standards, including operating hours, shall be set for both mobile and stationary engines, factories, pub houses, restaurants, videoke/karaokes, amusement parks and other similar establishments and noise-generating equipment.

Section 35. Prohibition of smoking in public places and public vehicles Smoking inside a public building or an enclosed public place including public vehicles and other means of public transport or in any enclosed area outside of one’s private residence, private vehicle, private place of work or any duly designated smoking area is hereby prohibited.

Section 36. Measures against offensive odor The City shall require industries or other businesses whose operations emit odor which causes secondary disturbances such as nausea, insomnia and overall discomfort to adopt measures that will mitigate the odor pollution including dilution by ventilation or dispersal, combustion or oxidation, neutralization or odor masking. Upon recommendation of the BCEC, until such time that measures is in place, the operations of said industries or businesses will be suspended.

ARTICLE VI - Comprehensive and Unified Coastal Zone and Resources Management Section 37. Operative Principles Baybay City envisions being a model City in coastal zones and resources management.

The City hereby: a) Adopts the integrated coastal zone management by using the ecosystem approach in the development and management of the coastal environment and resources pursuant to Executive Order No. 533, “Adopting Integrated Coastal Management as a National Strategy to Ensure the Sustainable Development of the Country’s Coastal and Marine Environment and Resources and Establishing Supporting Mechanisms for its Implementation”, and, promotes the development of an Integrated Coastal Resources Management Plan for the City of Baybay; LGU-Baybay shall consider the coastal zone planning as a tool to improve the use of coastal resources. It incorporates the context within which it operates; the capability required to assess, evaluate and monitor outcome; and the process through which it could be attained.

Planning the coastal zone shall be based on certain principles that promotes its effectiveness, responsiveness and acceptability to its key stakeholders and which guide the preparation of the coastal land use plan; b) Reaffirms its authority to enforce marine pollution control laws and other laws relevant to the abatement of destructive fishing practices and over fishing in order to protect and conserve marine and coastal resources.

For this purpose, the City adopts and implements PD No. 979, Sec. 2, for the prevention and control of pollution of the sea by the dumping of wastes and other matter that create hazards to human health, harm living resources and marine life, damage amenities or interference with the legitimate uses of the sea within the territorial jurisdiction of the Philippines; c) Reaffirms the principle enunciated under the agreement for the Sulu-Sulawesi Marine Ecosystem Program and supports the implementation of other international and local agreements on habitat restoration and biodiversity conservation in coastal areas, including the prevention of quarrying and extraction of marine mineral resources; In coordination with DENR/CENRO, Visayas State University and other concerned NGAs and private and civil society stakeholders, community-based habitat restoration and biodiversity conservation areas shall be located, planned and executed such as mangrove rehabilitation and protection, marine turtle sanctuary, wild bird sanctuary, thresher sharks sanctuary and other marine and coastal species identified by updated IUCN Red List as endemic, threatened and endangered. d) Recognizes that measures should be in place to regulate industrial use permits/rights and other interests over coastal areas; e) Initiates and improve inter-governmental and unit coordination and public/private partnership in integrated coastal management and fosters public and private sector marine ecosystem stewardship and accurate understanding of habitat restoration; f) Develop and implement training and information campaign to strengthen capacity of stakeholders to manage coastal zones and resources.

Plan

Section 38. Formulation of Integrated Coastal Zone and Resources Management

Planning and development of integrated coastal zone management program (ICZM) is the key management tool for sustainable economic program. The plan shall define and delineate the zoned areas and resources covered by the management regime. It must clearly spell out and define the resources and critical issues and strategies and the mechanics that are necessary to address such issues and sustainability of the resources pursuant to the provisions of RA 7160 (the Local Government Code of 1991), RA 8550 (the Philippine Fisheries Code of 1998), RA 7586 (National Integrated Protected Areas System Act of 1992), RA 7586 (National Integrated Protected Areas System Act of 1992) and other applicable laws and issuances.

Each LGU ICZM Plan should reflect its own unique set of conservation issues. The ICZM Plan should include the content, form and scope of a community’s coastal zone management plan which covers a review and permit system including the requirements of the EIA System for development projects and similar activities. The ICZM Plan shall include and address the following: a) Enumeration and description of options for the improvement of the community’s welfare in coastal areas in order to maintain the integrity of the coastal ecosystem and the productivity of the natural resource base; b) List of objectives and policies of the ICZM program; c) Identification of permissible types of uses of coastal resources and terms and conditions on their uses; d) Identification of areas that offer the best potential for compatible uses and provision of technical basis for land-use planning and zoning; e) Provision of detailed representation of the inventory of the resources in the zone, and an identification of the coastal areas for conservation; f) Provision of authority for identifying and protecting natural hazards; g) Authorization of the institutional arrangement for managing the program, and procedures for public participation; i) System of procedure for permit approval and, procedure for monitoring of activities and enforcement of compliance to permits issued; k) Issues and areas of concerns such as natural resources degradation, pollution, land use conflicts, and destruction of life and property as a result of natural hazards.

Section 39. Preservation of Ecosystem that Supports Coastal Zone and Resources Management Development of coastal resources shall avoid manipulation of biological cycles that are important to the natural productivity of the coastal zone to influence other ecosystems’ productivity and sustainability. It shall regulate the alteration of the degree and direction of river flows having far reaching effects on the coastal zone ecosystem, the diversity and productivity of the seashores, fisheries and the natural configuration of the coastlines that protects the immediate lands.

NOTICES Section 40. Sustaining Inter-Agency and Inter-Municipal Cooperation LGU-Baybay shall recognize the federation or alliance to ensure and sustain coherent management strategies and policies in areas wherein resources are shared by neighboring municipalities considering ecological processes that transcend one municipality and affecting the others. The federation or alliance shall define its functions and responsibilities as the policy making and advisory body of the Local Chief Executives.

LGU-Baybay shall strengthen the inter-agency Technical Working Groups composed of DA, BFAR, DENR, DILG, FARMC, academe and other interested parties pursuant to the provisions of the joint DA-DENR, DILG, Administrative Order No. 1, Series of 2008, “Defining/ Identifying The Areas of Cooperation and Collaboration Among DA, DENR and DILG in the Planning, Management, and Control of Aquaculture Development to Mitigate Impacts in the Environment.”

Section 41. Community Organizing and Enhancement of IEC Program LGU-Baybay shall promote community organizing in ICZM to enhance management of projects, the adoption of responsible fishing practices and the internalization of the concepts of resource conservation by the local community. Likewise, LGU-Baybay shall formulate and implement a continuing information and education program to enhance awareness, appreciation and responsibility in ensuring the wise and sustainable utilization of resources, to intensify interest of developing capabilities towards rational management of marine water and coastal resources, and to establish a broad-base support for resource management plan implementation.

Section 42. Mangrove Management System Mangroves provide tremendous primary ecological and economic benefits, primarily in providing nursery grounds for fish, prawns and crabs, and in supporting fisheries production in coastal waters. Mangroves also protect the environment and coastal communities from storm surges, waves, tidal currents and typhoons. The aspects of the mangrove management system shall embody four (4) management options, namely: (a) Mangrove Nursery Establishment and Management – this involves physical selection and preparation of the site and the application of nursery technology and operations; (b) Mangrove Plantation Establishment and Management – this involves a number of stages ranging from site selection and preparation, out-planting, care and maintenance, and monitoring and evaluation; (c) CBFMA – this is a land tenure instrument for mangrove habitats to be given to qualified and organized coastal communities under the CBFM Program of the government implemented by the DENR. The CBFMA provides a multitude of benefits to the holder ranging from management control over the area and exemption to pay taxes or rent normally levied by the government to natural resource users aside from being bankable; (d) Fishpond Restoration – this is a management option that provides information on how People’s Organization (PO) can modify abandoned fishponds reverted to the category of forestlands or fishponds not covered by the Fishpond Lease Agreement (FLA) or permit and are thus illegal. These areas can be restored and developed to plantation for benefits to the community in terms of firewood, lumber or poles; an area for collecting shells, crabs, and fish; or providing shelter and food for mangrove fauna such as crabs, shells, shrimps, and fish harvested in coastal waters. Fishpond restoration shall only be conducted after the fishponds shall have been reverted to the category of forestlands and shall have been granted to the CBFMA holder by the DENR. ARTICLE VII - Urban Forestry Management and Development Section 43. Operative Principles a) Regulate and control the restoration, preservation, protection, conservation and sustainable development of city’s forest resources through the establishment of tree parks, tree farms and tuition trees program; b) To address the continued degradation of the forest resources, improve and increase City’s water resources, improve soil fertility from decomposing forest litter, absorb toxic gases, improve micro-climate, reduce run-off, minimize erosion, provide wildlife shelter and food, provide windbreaks and continuous source of wood that indirectly reduce pressures on natural resources extraction; c) To increase income of constitutes and revenues for the City through land improvement tax, business tax and income tax; d) To ensure sustainable development of local idle lands and provides opportunity to achieve self-sufficiency in food products; e) To provide and enforce penal measures, set and regulate disciplinary actions to all violations committed in the process of implementation; f) To establish greenbelts and buffer areas.

Section 44. Prohibitive Acts Prohibitive Acts punishable under this Ordinance shall include and not limited to the following: a) No person is allowed to climb, gather fruits, destroy trees that belong to the public domain without permission from the Office of the City Mayor; b) No person is allowed to post bills, advertisements, billboards and sign boards at the trunk or branches of the tree without the permission from the Office of the City Mayor; c) No person is allowed to destroy or mutilate or attach/place any rope, wire or any material use for tying sign board poster, handbill or substances place at the base that cause death or harmful to the trees planted along the city streets or to cause or permit any wire charge with electricity to be placed or attached to any such tree or allow any gaseous, liquid or solid substance which is harmful to such trees to come in contact with their roots, trucks or leaves; d) No person shall climb any tree/trees or fasten or tie an animal, bicycle or motorcycle or any animal drawn cart or allow any animal owned by him, or under his control to stand so near such tree/trees that the same may be gnawed or otherwise injured by such animal. e) Cutting of acacia/fire trees will only be done for very compelling reasons and with favorable endorsement from the Department of Environment and Natural Resources (DENR). f) Refrain from cutting trees regardless of species found within 20 meters from riverbanks or creeks of at least 5 meters in width to prevent soil erosion/sedimentation. g) Cutting, injuring or destroying any tree/trees and shrubs planted along public roads/city streets, in plazas, parks, schools and other public grounds except as demanded by public safety.

Section 45. Penalties under this Ordinance a) Any violation of this Article shall be punished by imprisonment of not more than fifteen (15) days or a fine of not less than P 1,000.00 and not more than P 5,000.00; Provided, that in case of recidivism, the violator shall be punished by imprisonment of not more than 30 days or a fine of not more than P 2,000.00 or both fine and imprisonment, at the discretion of the Court. b) Any person who shall violate the provision of Section ___ on Prohibitive Acts punishable hereof, or any regulation promulgated there under, shall be punished with imprisonment for not less than two (2) years but not more than five (5) years, or both such fine and imprisonment at the discretion of the Court; The person referred to under this section shall mean an individual, partnership, firm, corporation or other legal entity. c) Any person illegally cutting, uprooting, destroying or injuring planted or growing trees in plantation areas shall be penalized in accordance with applicable forestry laws, rules and regulations; d) Any person who cuts, destroy natural growing plants, flowering, ornamentals and forest trees, along public roads, school premises, or on banks of rivers and creeks shall be punished with imprisonment for not less than six months and not more than two years. Or a fine of not less than P 1,000.00 and not more than P 5,000.00, or with both such imprisonment and fine at the discretion of the court.

Section 46. Protection of Trees in the City The City recognizes that the matter of tree cutting in public and private lands is within the jurisdiction of the DENR. For this purpose, the City Mayor, within sixty (60) days from the passage of this Environment Code shall enter into administrative arrangements with the DENR for said agency to assist in protecting the trees within the City. In no case shall centennial trees be cut unless authorized by National Historical Institute under appropriate guidelines.

C intervals sufficient for healthy growth of such flora and create adequate shade and landscaping.

All subdivision developers shall be inspected to ensure that the requirement for green buffer and spaces allotted for parks and playgrounds are planted with trees.

Section 50. Requiring landowners to cut their grasses during summer months.

All landowners, whether public or private, shall be required to cut and dispose properly the grasses during the months of February to June of every year to prevent grass fires.

ARTICLE VIII - Mineral Resources, Conservation, Management and Development Section 51. Operative Principles The City of Baybay envisions being a model in ecological management, conservation, regulation and development of mineral resources.

Section 52. Prohibition on Mining Any mining, quarrying and extraction of ores and other mineral resources, except the extraction of sand and gravel minerals, is strictly prohibited in public waters, private and public lands in the City. LGU-Baybay, in coordination with the Provincial Government and the DENR/ Mines and Geo-Sciences Bureau Region 8, shall conduct monitoring related to this activity.

Section 53. Permit to Extract, Remove and Dispose Sand and Gravel (SAG) Resources No person, corporation, partnership or government entity/instrumentality shall be allowed to extract, remove or dispose of sand and gravel minerals from public waters unless authorized under a permit issued in accordance with Republic Act 7942 or the Philippine Mining Act, Leyte Province Order No. 05-02, Series of 2005 and Municipal Ordinance No. 45, Series of 1983, in order that their quarrying activities shall not adversely affect the river environs especially not to prematurely scour and erode the river embankments. LGU-Baybay, in coordination with the Provincial Government and the DENR/Mines and Geo-Sciences Bureau Region 8, shall conduct monitoring related to this activity.

Only Commercial SAG Extraction Permit shall be allowed for the extraction, removal and disposition of sand and gravel and other loose or unconsolidated materials which are used in their natural state without undergoing processing, covering an area of not more than five (5) hectares for a term of not exceeding five (5) years from the date of issuance thereof, renewable for the same period, but not to exceed a total term of twenty five (25) years.

ARTICLE IX - Land Resources Management Section 54. Operative Principles The City of Baybay envisions being a model in ecological management of lands. a) Lands in the City shall be used for the purpose for which they have been classified.

The Comprehensive Land Use Plan (CLUP) of the City, enacted pursuant to law shall be used as basis in land classification and use; b) Private lands, whether for agricultural, residential, commercial or industrial purpose bear social functions. As such, landowners are enjoined to responsibly use these lands; c) The necessary easements as provided by laws must at all times be observed in infrastructures; d) Public lands must be devoted for public use. The City shall establish eco-parks for the enjoyment of its people. e). All landowners, residents and all establishments must likewise ensure that all lands, whether public or private, must be maintained for their ecological functions such as water infiltration and recharge, soil fertility, soil stabilization and erosion control among others cleanliness at all times and must comply with the laws on integrated solid waste management and the toxic and hazardous wastes; f) All remaining flora and fauna in the City shall be protected, conserved and restored.

Section 55. Green Management of Public Lands All public lands in the City, whether owned by the national or city government shall be managed ecologically. For this purpose, the administrators of these public lands, in addition to the primary purpose for which the lands are being used, shall have plans to ecologically manage the same. All offices/building located within said public lands must also ensure cleanliness at all times in their own areas and in their peripheries.

Section 56. Green Management of Private Lands All private lands shall be, as much as possible placed in productive condition and be managed ecologically. For this purpose, all private landowners shall put in productive use their landholdings. All landowners shall require all offices and business establishments located within their landholdings to submit an annual report on the status of their green management of the land they occupy to the City ENRO, upon renewal of their Mayor’s Permits, and they shall likewise ensure that their own areas and peripheries are clean at all times.

Section 57. Establishment of Eco-Parks in Barangays Within one (1) year from the passage of this Environment Code, every barangay in the City or clusters of barangay shall establish an eco-park(s), which will showcase best environmental practices in the barangay, a barangay nursery and herbal garden, and shall also serve as common playground/park for its residents. Open spaces in subdivision areas may be used as eco-parks. Every barangay is mandated to include in their annual budget the funds necessary to maintain said eco-parks.

Section 58. Provisions to Prevent or Minimize Flooding These provisions shall apply to all contractors, developers and planners who are undertaking or intend to undertake land development projects in the City of Baybay.

Construction and development activities within the City shall be regulated in consideration of the need to ensure that the water supply of the City continues to be sufficient for the needs of its residents.

Contractors, developers and/or planners intending to develop areas within the City of Baybay shall submit their plans for consideration and approval to the City through its City ENRO to ensure compliance with this Environment Code and the City Engineer’s Office to ensure compliance with the National Building Code. The City ENRO shall review the plans and assess whether these are in conformity with the guidelines and design standards provided in this Environment Code. In addition to the provisions of P.D. 957, its implementing rules and regulations, and the regulations of the HLURB, the following guidelines shall be observed by contractors, developers and planners: a) The problem of water recharge and flooding shall be taken into consideration in the formulation of land development plans; b) Methods/measures to address problems of recharge and flooding shall be employed subject to the design parameters provided herein; c) Drainage and storm water and rainwater run-off into water bodies and retention/ detention ponds shall be ensured; d) Permeable materials shall be used in surface areas located in open spaces; e) Rainwater harvesting methods are encouraged; f) A significant portion of the developed land shall be allotted for recharge; and g) Vegetation shall be encouraged.

ARTICLE X - Eco-Tourism Section 59. Operative Principles The City Government of Baybay shall formulate plans and programs with institutional mechanism for sustainable community-based ecotourism guided by environmentally-sound policies involving active participation of the stakeholders. This Code hereby adopts the ecotourism principles, policies and objectives as embodied under Executive Order No. 111, “Establishing the Guidelines for Ecotourism Development in the Philippines dated June 17, 1999.”

Section 60. Identification, Designation and Classification of Eco-Tourism Sites The City Government of Baybay shall identify, designate and classify ecotourism sites in the City in close consultation with concerned government agencies pursuant to existing standards, policies and laws on eco-tourism and environmental protection.

Section 47. Tree Inventory, Mapping and Tagging The City Government in coordination with the DENR shall formulate and adopt a program to number all trees within the City. The tallying classification shall be applicable to all trees that are of the maturing age and shall reflect classification of trees by species, information on location and ownership.

Section 61. Eco-Tourism Development Plan The City Government of Baybay, through its Baybay Investment and Tourism Promotions Office (BTIPO), shall formulate an eco-tourism plan and program for the City as an effective mechanism for eco-tourism development patterned after the national eco-tourism strategies and pursuant to the provisions of the Tourism Code of Leyte.

Section 48. Registration of Chain Saws Aside from DENR requirements pursuant to the Chainsaw Act, the City Government shall require all owners and operators of chain saws and similar tree-felling equipment to register the same with the City ENRO and to secure a permit prior to operation.

Section 62. Eco-Tourism Within Protected Areas Protected areas within the City that have potentials for eco-tourism purposes shall be subject to inventory assessment and classification pursuant to existing laws, rules and regulations.

Section 49. Urban Greening and Landscaping Street islands as well as both shoulders of roads and buildings shall be planted with shade or ornamental trees in a matter that is scientifically and agriculturally acceptable at

Section 63. Education and Advocacy The City Government of Baybay shall encourage public and private school authorities in the City to include in their prescribed environmental education curriculum all information materials related to eco-tourism sites, projects and activities by way of brochures, posters,

NOTICES

Feb. 23-Mar.1 & Mar. 2-8, 2015 videos and related devices.

Likewise, in order to ensure sustainability of eco-tourism projects in the City, It shall also encourage active participation of all other sectors of the civil society and business, media, and the youth in education and advocacy campaign activities pertaining eco-tourism, including site visits to eco-tourism sites of the City.

ARTICLE XI - Mainstreaming of Climate Protection Concerns Section 64. Operative Principles Climate change is a reality and cannot be denied. Adaptation and mitigation to its impacts can be addressed by intensifying preparedness through capacity development and access, availability and provision of accurate information and skills to the people of Baybay City.

Section 65. Development of the Local Climate Change Action Plan LGU-Baybay recognizes that all City constituents has shared-responsibility of responding to climate change and should therefore be informed and engaged. With the aim to lead a coordinated Baybay City climate protection initiative, a City Climate Change Action Plan (CCCAP) shall be prepared, adapted by LGU and implemented in close coordination with all residents, businesses and higher education institutions. The CCCAP shall contain information and recommended actions to enable all sectors at the local level to adapt to a changing climate by promoting a clear understanding of climate science, its potential impacts and vulnerabilities on local environment and communities. The CCCAP provides a matrix of adaptation options and greenhouse gas (GHG) emission reduction opportunities. This CCCAP also tries to promote the mainstreaming of climate protection concerns on all sectors, as well as it aims to achieve the city’s improved targets to develop climate-smart facilities, services and investments in order to help improve the local environment, local economy and enhance Baybay City’s reputation as an environmentally and agro-/fishery-industrialized progressive and resilient City.

Section 66. Energy Development Program In line with the environmental policies aimed at protecting the world from global warming, climate change and other forms of ecological degradations, the LGU-Baybay shall: a) undertake an environment-friendly sustainable energy development program in partnership with concerned agencies, academe, e.g., the Visayas State University being the center for research on renewable energy and climate change concerns, and with the private sector through harnessing local alternative and renewable energy sources such as solar, wind, hydropower, bio-fuel, biomass and other viable sources to mitigate global warming. b) undertake strict regulatory and monitoring system in the utilization of energy sources that have contributed to the degradation of the environment (e.g., fossil fuels and coal). c) ensure implementation of environmental standards and policies.

Section 67. Energy Enhancement Measures Consistent with the development of a sustainable energy program, the City Government of Baybay shall adopt measures that include, but not limited to the following: a) Give full support and incentives to investments and projects that develop local alternative and renewable environment-friendly energy sources. b) Conduct study and research and establish pilot projects on energy sources. c) Provide capability building activities for technical personnel and other stakeholders in the development of sustainable energy.

Section 68. City Mangrove and Tree Planting Program In order to increase the carbon stock of the City, the City, in coordination with DENR, and pursuant to Presidential Executive Order No. 26, Series of 2011, otherwise known as the National Greening Program (NGP), shall implement a mangrove/tree planting program which will involve the police, students, teachers, government and private employees and other citizens.

NGP requires LGUs and other government agencies to provide government support in terms of tree planting, production of quality seedlings, mobilization of all government employees and students to plant at least 10 seedlings each, annually, and to also encourage the private sector to participate in the Program as well. Primarily, NGP is a climate change mitigation strategy as it seeks to enhance the country’s forest stock to absorb carbon dioxide, which is largely blamed for global warming.

The tree planting activity may coincide with an environmental event or the City Mayor may designate a specific date as Arbor and Tree Planting Day. Section 69. Promotion of environment-friendly alternative transport systems The City shall encourage and provide incentives to persons who will utilize alternative and environment-friendly transport systems.

Section 70. Promotion of energy-saving practices The City shall put in place and encourage shift to energy-saving measures such as daylight saving time, efficient lighting systems and utilization of hydropower, solar and wind energy.

Incentives will be given to establishments that will showcase best energy-saving measures.

Section 71. Grant of tax exemptions/tax incentives In order to encourage the private sector, business/establishments and institutions to implement climate change adaptation and mitigation, the City Mayor, within six (6) months from the passage of this Code, shall submit to the Sangguniang Panlungsod Omnibus Guidelines for the grant of tax incentives and/or tax exemptions to best practices in solid waste management (e.g. subdivisions not anymore requiring collection of garbage with the practice of recycling and composting); renewable energy practitioners; efficient use of water; and other environment-friendly operations.

Section 72. Environmental Advocacy and Integrating Environment Education in School Curricula The City Government of Baybay shall encourage all school levels in the City to integrate environmental protection and management in their prescribed environmental education curricula. The teachers and students shall likewise be enjoined to participate in the environmental advocacy activities of the City, such as tree planting and coastal clean-up.

Section 73. Information and Education Campaigns The City Mayor shall come up with a sustained and intensified information and education campaign designed to educate and elicit people’s participation in environmental protection and management, in partnership with university, the private sector and other concerned agencies, through the use of tri-media facilities. Special focus shall be given to climate change adaptation and mitigation measures.

It shall also encourage active participation of all other sectors of the civil society and business, media, and the youth in education and advocacy campaign activities pertaining to climate change adaptation and mitigation.

Section 74. Prohibition on the Burning of Agricultural Wastes Burning of agricultural wastes from rice or from any planting materials especially rice stack or rice hulls is hereby prohibited, particularly as a mitigation action to reduce the emission of greenhouse gases to the atmosphere.

Section 75. Assigning of Dates for Environmental Events The City Mayor is hereby authorized to assign and give importance to environmental events such as World Water Day, Earth Day, Earth Hour, World Environment Day, Philippine Environment Month, Arbor and Tree-planting Day, Day of Ocean, Climate Protection Month and Environmental Education Month in view of increasing environmental advocacy and awareness of all communities and City residents, and inculcating in them the importance of the environment, especially in increasing the adaptive capacities and resiliency of communities to face the challenges of climate-defined future.

ARTICLE XII - Institutional Mechanisms to Implement the Code Section 76. Operative Principles The City of Baybay envisions all of its citizens united in environmental protection and management. a) The City Mayor shall call upon the entire citizenry of the City and rally the people towards environmental conservation, protection, restoration and enhancement. b) The City shall also set up a “Quick Response Mechanism” to immediately respond to environmental law violations.

Section 77. Strengthening the City Environment and Natural Resources Office The City Environment and Natural Resources Office, which is created pursuant to City Ordinance No. ___, Series of _____ and Article 122 (n) of R.A. 7160, is the primary arm of the City Government of Baybay in the development and promotion of environment friendly communities for the protection and conservation of the City’s natural resources and in preserving the ecological balance of environment and its sustainable development as well as preventing and abating pollution in Baybay City.

The City Government of Baybay shall institutionalize City Environment and Natural Resources Office, which shall be headed by an Environment and Natural Resources Officer

who possesses the minimum qualifications as stated in the Local Government Code. The City ENR Officer (City ENRO) has the primary function to lead, implement, develop and over-see the planning and monitoring of environmental programs/projects, and in coordination with relevant government agencies, undertake a comprehensive program of urban environmental protection and management for the City, including the integration of concerns for eco-efficiency, climate change adaptation and disaster risk reduction and management into all plans and programs of the City.

Specifically, the Local Government Code defines the duties and responsibilities of the City ENR Officer, to wit: (i) Formulate measures for the consideration of the Sangguniang Panlungsod and provide technical assistance and support to the Mayor to carry out measures to ensure the delivery of basic services and provision of adequate facilities relative to environment and natural resources services as provided in Rule V of the LGC; (ii) Develop plans and strategies on environment and natural resources program and projects and implement them upon approval thereof by the Mayor; (iii) Establish, maintain, protect and preserve communal forests, watersheds, tree parks, mangroves, greenbelts and similar forest projects and commercial forest, like industrial tree farms and agro-forestry projects; (iv) Provide extension services to beneficiaries of forest development projects and technical, financial and infrastructure assistance; (v) Manage and maintain seed banks and produce seedlings for forests and tree parks; (vi) Provide extension services to beneficiaries of forest development projects and render assistance to natural resources-related conservation and utilization activities consistent with ecological balance; (vii) Coordinate with government agencies and NGOs in the implementation of measures to prevent and control land, air and water pollution with the assistance of the DENR; (viii) 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; (ix) Recommend to the Sangguniang Panlungsod and advise the Mayor on all matters relative to the protection, conservation, maximum utilization, application of appropriate technology, and other matters related to the environment and natural resources; and (x) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

The Office of the City ENRO shall comprise the following five (5) sections, namely: 1) Administrative & Support Services Section; 2) Water & Air Quality Management, Enforcement & Regulatory Section; 3) Integrated Solid Waste Management, Enforcement and Regulatory Section; 4) Mineral Resources Management & Regulatory Section; 5) Coastal Resources Management, Enforcement & Regulatory Section; and, 6) Urban Forestry & Lands Resources Development, Management & Enforcement Section.

Within six (6) months from the passage of this Code, the City ENRO shall define the functions of the differenct Sections in its Office, and shall come up with a Manual of Operations and Systems and Procedures.

Section 78. Creation of Baybay City Environment Council There is hereby created the Baybay City Environment Council (BCEC), composed of the following as members: 1) City Mayor 2) SP Chair on Environment 3) DENR/CENR Officer 4) Chief of Police 5) Representative from the academe 6) Representative from the business sector 7) Representative from the Civil Society Organization on environment 8) Representative from the media 9) Representative from the women sector 10) Representative from home-owners association sector The members/representatives from numbers 6-10 shall be chosen from among their respective sectors, who must be a recognized leader in the sector, of unquestionable integrity, and a passion for the environment, and a bonafide resident of the City of Baybay.

The members shall elect from among themselves the set of officers, whose term shall be co-terminous with the LGU City elected officials. The Co-Chair of the BCEC shall come from the private sector. All members of the City Council as ex-officio member/resource person in the BCEC. The BCEC may also invite other resource persons/sector representatives as it may deem necessary and appropriate.

Section 79. Functions of the BCEC The BCEC shall meet at least once every quarter and shall have the following functions: a) Serve as a venue to discuss various environmental breakthroughs, issues and problems in the City and act on the same either by taking direct action and/or recommend the same to the appropriate body/office; b) Monitor progress of implementation of the City’s Environment Code; c) Make the discussions, deliberations and findings of the BCEC public except when the BCEC itself decides that the same is confidential; d) Recommend environmental plans to the Sangguniang Panlungsod; e) Take the lead role in information and education campaigns; and f) Mobilize the BCEC members in support of environmental protection and management.

Meetings may be rotated among the different barangays or in some other places.

Section 80. City ENRO to Act as Secretariat The City ENRO shall serve as the Secretariat to the BCEC, and for this purpose: a) Assist the BCEC in ensuring that regular meetings are conducted; b) Prepare preliminarily the agenda for every meeting for approval of the Chair of BCEC; c) Follow-up on meetings’ attendance to ensure that quorum and maximum participation of members are achieved; d) Take down minutes of meetings, and prepare summary of meetings and agreements reached; e) Follow-up on agreements reached and report the same in the next meeting; f) Provide technical support to the members; and g) Undertake such actions and assistance as the Chairperson or the members may direct.

Section 81. Setting-up of Environment Desks in Barangays and PNP Office Within six (6) months from the passage of this Code, all Barangay Chairpersons and the City Chief Police Officer shall establish environment desks in their units to act on immediate complaint of its residents.

Section 82. System of Recognition for Environment Champions The Mayor shall come up with programs and projects on a yearly basis to give recognition to champions of environmental protection and management.

Laws

Section 83. Quick Response Mechanism in Cases of Violations to Environmental

In all cases of violations of environmental laws, notwithstanding that the DENR or some other national agency is the national government agency primarily responsible for the enforcement of national laws, the City, through the City ENRO, pursuant to Rule 11 of the Supreme Court Administrative Matter No. 09-6-8, otherwise known as the Rules of Procedure for Environmental Cases, approved on April 10, 2010, may arrest a person violating environmental laws, even without a warrant in the following instances, quoted, thus: a) When in his presence, the person to be arrested has committed, is actually committing or is attempting to commit an offense; or b) When an offense has just been committed, and he has probable cause to believe that based on personal knowledge of the facts or circumstances that the person to be arrested has committed it.

Individuals deputized by the proper government agency who are enforcing environmental laws shall enjoy the presumption of regularity under Section 3(m), Rule 11 of the Rules of Court when effecting arrests for violations of environmental laws.

Section 84. Creation and Deputation of Baybay City Green Enforcers The City Mayor is hereby authorized to create the Baybay City Green Enforcers so that environmental laws are enforced in the City. Within six (6) months from the passage of this Environment Code, City the Mayor shall enter into appropriate administrative arrangements with DENR to deputize and give proper training to the Baybay City Green Enforcers. The City Mayor may likewise enlist service providers to conduct the training.

ARTICLE XIII - Funding Section 85. Operative Principles The City shall ensure sustainable funding for environmental protection and management.

D Section 86. Funding Within six (6) months from the passage of the Environment Code, the City Mayor shall submit to the Sangguniang Panlungsod for its consideration the inclusion of funds in the Annual Investment Program necessary to carry out the mandates under this Environment Code, and shall include the budget for the operations of the City ENRO, the Baybay City Green Enforcers and the BCEC. In order to expedite the processing of funds for projects for climate change adaptation and mitigation, the City can refer to RA 10174 or the People’s Survival Fund that provides long-term finance streams to enable the government to effectively address the problem of Climate Change. Likewise, the City can refer to Joint Memorandum Circular of the Department of Budget and Management and Climate Change Commission No. 2013-01, dated December 27,2013 on the Guidelines in Tagging/Tracking Government Expenditures for Climate Change in the Budget Process, specifically on the identification, tagging and prioritizing climate change-related activities for all government agencies and taking stock of relevant climate change programs, projects and activities to enable oversight and line department managers to track and report climate change-related expenditures.

Section 87. Special Account There is hereby established a special account to be known as Environmental Account in the books of the City. All collections from fines and penalties collected under this Environment Code and donations for environmental projects of the City shall accrue to said account and shall be used solely to finance environmental projects.

ARTICLE XIV - Penalties Section 88. Operative Principles Penalties that will be imposed for violations of this Environment Code have the primary purpose of educating the violator of the importance of environmental protection and management. Immediately after the passage of this Environment Code, the City Mayor shall formulate the corresponding fines and penalties, under each specific environmental Ordinances. Likewise, the Mayor shall issue the necessary guidelines on the imposition of environmental community work. The City shall, however, impose punitive measures to those who will continue to violate this Environment Code.

Section 89. Persons Violating the Provisions of this Environment Code Any person who violates any of the provision of this Environment Code shall be penalized as herein below set forth. In case of partnerships or corporations, aside from the penalties to be imposed on the actual violator, the managing partner or executive officer shall also be required to render environmental community work.

Section 90. Environmental Community Work Immediately after the passage of this Environment Code, the City Mayor shall issue the necessary guidelines on the imposition of environmental community work. Environmental community work, rather than punitive, aims to inculcate upon the violator the importance of environmental protection and management. It has the objective of turning the violator into an environment advocate.

ARTICLE XV - Administrative Procedure on the Imposition of Fines, Environmental Community Work and Filing of Cases Section 91. Operative Principles The administrative procedure on the imposition of fines and penalties, environmental community work and filing of cases shall be simple and expedient.

Section 92. Issuance of Citation Tickets Violators of the provisions of this Environment Code will be issued a Citation/Violation Ticket by the deputized Baybay City Green Enforcers, the Police or any other deputized officer shall be informed of the infraction committed, corresponding fines to be paid, the hours required for environmental community work, and the imprisonment penalty imposable.

Section 93. Payment of Fines and Render of Environmental Community Work If the violator does not contest the citation, the violator shall pay the fine and render environmental community work. Otherwise, the violator shall be brought to the police station for the filing of the necessary charges in court.

Section 94. Procedure in Cases where Violation of Provision Includes Suspension or Cancellation of Business License The violator shall be given citation ticket and be required to explain within seventy two (72) hours why the business establishment will not be suspended or closed, or why no criminal charges shall be filed against the violator. Said explanation shall be given in writing to the City ENRO who shall evaluate the explanation, and if unsatisfactory, either recommend to the City Mayor the suspension or cancellation of the business permit, or file the corresponding cases in court as the case may be.

Section 95. Administrative Sanctions and Citizens Suits Officials of the concerned local government and national agencies who fail to comply with this Code when required, or who fail to enforce the provisions of this Environment Code and its Implementing Rules and Regulations shall be charged administratively in accordance with the Ombudsman Law, Civil Service Rules and Regulation, RA 7160 and other existing laws, rules and regulations.

Any citizen may file an appropriate civil, criminal or administrative action in the proper court or bodies against: a) Any person who violates or fails to comply with the provisions of this Environment Code or its Implementing Rules and Regulations; b) Other implementing agencies or any public officers who willfully or grossly neglects the performance of an act specifically enjoined as a duty by this Environment Code or its Implementing Rules and Regulations.

This Environment Code adopts the “Rules of Procedure for Environmental Cases” issued by the Supreme Court as SC Administrative Matter No. 09-6-8-SC promulgated April 2010.

ARTICLE XVI - Final Provisions Section 96. Authority of the Mayor to Issue Guidelines and Implementing Rules and Regulations The Mayor may from time to time issue supplemental guidelines to strengthen the implementation of this Code.

Section 97. Applicability Clause All matters not covered by this Code shall be governed by pertinent laws, rules and regulations.

Section 98. Separability Clause Should any part of the provision or provisions of this Code be declared unconstitutional or contrary to existing laws, other parts hereof, which are not affected thereby, shall continue to be in full force and effect.

Section 99. Repealing Clause All City ordinances, resolutions, circulars, memoranda, executive orders or rules and regulations inconsistent with the provisions of this Environment Code are hereby repealed or modified accordingly.

Section 100. Effectivity Clause This Environment Code shall be effective fifteen (15) days after its publication in a newspaper of general circulation in the Province of Leyte and a review of the Sangguniang Panlalawigan.

Section 101. Implementing Rules and Regulations One (1) month after the effectivity of this Environment Code, the Provincial Governor shall cause the preparation and issuance of its Implementing Rules and Regulations in close consultation and coordination with concerned national and local government agencies and offices.

APPROVED, February 16, 2015.

I HEREBY CERTIFY to the correctness of the foregoing resolution which was duly adopted by the Sangguniang Panlungsod during its regular session held on February 16, 2015.

(Sgd. ) AMELITO V. BORNEO SP Secretary ATTESTED AND CERTIFIED TO BE DULY ADOPTED: (Sgd.) MICHAEL L. CARI City Vice Mayor & Presiding Officer APPROVED BY HER HONOR: (Sgd.) CARMEN L. CARI City Mayor EV Mail Feb. 23-Mar. 1, 2-8, 2015