” The Municipality of Rizal, Laguna has no garbage dumpsite  (open dumpsite/ sanitary landfill) yet “.

ORDINANCE NO._____

AN ORDINANCE PROHIBITING THE USE OF PLASTIC BAGS ON DRY GOODS AND REGULATING ITS UTILIZATION ON WET GOODS AND PROHIBITING THE USE OF STYROFOAM IN THE MUNICIPALITY OF RIZAL, LAGUNA AND PRESCRIBING PENALTIES THEREOF.

Author: Councilor Ferdinand O. Sumague

WHEREAS, Article II, Sec. 6 of the Philippine Constitution provides that 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;

WHEREAS, Sec.3 (i) of the of RA 7160 provides that the Local Government Unit shall share with the national government the responsibility in the management and maintenance of ecological balance within their territorial jurisdiction;

WHEREAS, Sec. 447 (vi) of RA 7160 also empowers the Sangguniang Bayan to protect the environment and impose appropriate penalties for acts which endanger the environment including such activities which result in pollution, acceleration or eutrophication of rivers and lakes or of ecological imbalance;

WHEREAS, Plastic bags are rampantly used as packing materials in the Municipality of Rizal, Laguna and elsewhere;

WHEREAS, Plastic bags and styrofoam, being non-biodegradable materials clog our canals, creeks, rivers and other waterways during rainy season.

WHEREAS, despite serious efforts of the municipality to segregate compostable, reclyclable and re usable waste materials, plastics and other similar materials remain in the waste stream and eventually become residuals;

WHEREAS, the municipality is spending considerable amount of money for the operational and maintenance expenses of waste disposal;

WHEREAS, the Municipality of Rizal in its desire to reduce if not totally eliminate the use of plastic film bags as packing materials such as woven bags (bayong), cloth bags (katsa), paper bags and other similar materials (e.g. banana leaves etc.) and at the same time enjoyed to promote the “Bring Your Own Bag Program” (BYOB);

WHEREAS, there is now a need to regulate the use of plastic bags to prevent potential serious ecological imbalance particularly in the municipality’s creeks, rivers and other waterways;

NOW THEREFORE, on a motion of Hon. Ferdinand O. Sumague, duly seconded by Hon. Earl John U. Isleta, Hon Denis V. Virina, Hon Marlon Z. Solquia and approved by all members present,

BE IT ORDAINED BY THE SANGGUNIANG BAYAN in session assembled, THAT:

Section 1. Title. This Ordinance shall be known as “ An Ordinance Prohibiting the Use of Plastic Bags on Dry Goods & Regulating its Utilization on Wet Goods and prohibiting the use of Styrofoam in the Municipality of Rizal, Laguna and Prescribing Penalties Thereof.”

Section 2. Definition of terms. For purposes of this Ordinance, the following terms are defined as follows:

(a) “Cloth Bag” (a.k.a. Katsa)- refers to the reusable packaging material made of cloth (biodegradable) used in the packing of flour, wheat and other similar goods.

(b) “Dry Goods” – refers to any product that do not require refrigeration or freezing to maintain such as textiles and clothing.

(c) “Dry Market” – refers to the store of products that do not require refrigeration of refrigeration to maintain.

(d) “Plastic Bags” – also known as sando bags, pouch, plastic shopping bags and plastic film bags. 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 to thin-gauge packaging medium that is used as bags or wraps.

(e) “Styrofoam” – refers to a kind of packaging material used as food containers, disposable cups, plates, etc.

(f) “Plastic Wastes”– refers to any plastic packaging material thrown as waste.

(g) “Primary Packaging materials”– refers to those types of packaging that containing wet produce, snack foods, frozen foods, hardware, etc.

(h) “Secondary Packaging materials”-refers to those kind of packaging materials for wet goods to provide support to any primary packaging and intended for the convenience of the handler, as well.

(i) “Wet Goods” –refers to any product that requires refrigeration or freezing to maintain such as fish, meat, fresh poultry products, fruits, vegetables, beverages and cooked foods in the carinderias/eateries.

(j) “Wet Market” – generally refers to the store of products that requires refrigeration of freezing to maintain. These include the wet section in public markets, supermarkets, mini marts, restaurants and carenderias/eateries.

(k) “Wooven Bags” (a.k.a. Bayong) – refers to biodegradable packaging material made of woven pandan or buri leaves and other similar materials.

Section 3. Prohibition on the Use of Plastic Bags on Dry Goods. No business establishment shall utilize plastic bags as packaging materials on dry goods.

Section 4. Regulating the Use of Wet Bags on Wet Goods. Bussiness establishments dealing on wet goods shall use plastic bags as primary packaging material.

Section 5.Prohibition on the Use of Styrofoam. No business establishment shall use styrofoams and other similar materials as containers for foods, produce and other products.

Section 6.Prohibition on the Selling of Plastic Bags. No business establishment shall offer or sell plastic bags to be used as secondary packaging material or as primary packaging material on dry goods.

Section 7. Plastic Wastes not to be collected. Plastic bags discarded or other similar plastic waste materials will not be included in the collection of non-biodegradable wastes. These materials must be cleaned and dried prior to submission to their respective barangays for proper disposal.

Section 8. Monitoring of Ordinance. The Municipal Environment and Natural Resources Officer (MENRO) shall monitor the effective implementation of this Ordinance. The MENRO shall Prepare a semi-annual report on the progress of the implementation of this Ordinance.

Section 9. Information, Education and Communication Campaign. Upon approval of this Ordinance, the municipality shall conduct massive information, education and communication campaigns using quad media (print, radio, television and internet) and shall also include the promotion of alternative bio-degradable packaging materials.

Section 10. Implementing Rules and Regulatios. Within thirty (30) days from the approval of this Ordinance, the necessary rules and regulations shall be issued by the mayor for the proper and effective implementation of this Ordinance.

Section 11. Prohibited Acts. Bussiness establishments and/ or individuals are prohibited from:

(a) Selling and providing plastic bags to costumers as secondary packaging materials on wet goods;

(b) Selling and providing plastic bags to costumers as packaging materials on dry goods;

(c) Selling and providing Styrofoam as containers; and

(d) Disposing plastic wastes.

Section 12. Penalties. All business establishments who violated any of the prohibited acts stated above shall be punished through the imposition of the following penalties:

First Offense : P 500,00 fine

Second Offense : P 1,000,00 fine

Third Offense : P 2,500,00 fine

Section 13. Separability Clause. If any part of this Ordinance is declared as unconstitutional or unlawful, such declaration shall affect the other parts or section hereof that are not declared unlawful or unconstitutional.

Section 14. Repealing clause. All previous ordinances inconsistent with this Ordinance shall be deemed repealed or modified accordingly.

Section 15. Effectivity. This Ordinance shall take effect upon its approval of the Sangguniang Bayan.

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