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MALAYA (04 MAY 2015)

[ MUNTINLUPA CITY ORDINANCE NO. 15-118, April 05, 2015 ]

AN ORDINANCE ESTABLISHING SEPTAGE MANAGEMENT SYSTEM IN THE CITY OF MUNTINLUPA




Sponsored by: Hon. Coun. Louisito A. Arciaga
Hon. Coun. un. Atty. Patricio L. Boncayao, Jr.
Hon. Coun. un. Atty. Raul R. Corro
Hon. Coun. un. Bal Niefes
Hon. Coun. Stephanie G.Teves
Hon. Coun. Ringo A. Teves
Hon. Coun. Alexander Diaz
Hon. Coun. Ma. Dhesirce C. Arevalo
Hon. Coun. Luvi P. Constantino
Hon. Coun. Engr. Neptali S. Santiago
Hon. Coun. Elmer S. Espeleta
Hon. Coun. Rafael T. Sevilla
Hon. Coun. Vergel C. Ulanday
Hon. Coun. Robert A. Abas
Hon. Coun. Robert P. Baes
Hon. Coun. Celso C. Dioko


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

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

WHEREAS, most of the residence, business and institutions in Muntinlupa City use septic tanks for wastewater treatment and disposal;

WHEREAS, most of septic tank in the city are not properly designed, constructed or reguarly deslodged;

WHEREAS, groundwater is the city's water source;

WHEREAS, the construction and operation of a sewerage network and treatment system is beyond the financial capacity of the city government at this time;

WHEREAS, the city is committed to the improvement, maintenance and conservation of the ecosystem and the protection of public health;

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

NOW, THEREFORE,

BE IT ORDAINED, AS IT IS HEREBY ORDAINED, by the 7th Sangguniang Panlungsod of Muntinlupa in session assembled that:

SECTION 1. Title. This Ordinance shall be known as an ordinance Establishing Septage Management System in the City of Muntinlupa.

SECTION 2. Policies. It shall be the policy of the City of Muntinlupa to share the responsibility, the management and improvement of water quality within their territorial jurisdiction. To meet these objectives, the City shall implement measures to prevent and control water pollution to promote public health.

SECTION 3. Sewarage And Septahe Management Principle. Towards this end, the City of Muntinlupa shall abide by the following sewerage and septage management principles.
  1. All buildings and structures whether residential, commercial, industrial establishments and government officers, institutions shall be required to have proper sewage treatment or septage management system. To prevent negative effects of all types of effuents on both surface and ground water quality. Untreated excreta from residential without septic tanks and untreated wastewater from industrial and public establishments shall not be allowed to be discharged to open drainage canals or piped drainage systems.

  2. No wastewater shall be discharged to the environment without any proper treatment.
SECTION 4. Definition of Terms. as used in this ordinance, the following terms shall be defined as follows:

  a)
Desludging - refers to process of clearing or removing the accumulated domestic sludge or septage.
   
  b)
Domestic sludge - refers to a solid praticle of domestic sewage which settles at the bottom of the sedimentation tank and is digested by anaerobic bacteria purely from domestic sources.
   
  c)
DENR - refers to the Department of Environment and Natural Resource.
   
  d)
DOH - refers to the Department of Health
   
  e)
EMB - refers to the Environemnt Management Bureau,
   
  f)
Septage - refers to a combination of scum, sludge and liquid form household septic tanks.
   
  g)
Hygienic Septic Tank - refers to a septic tank with no openings at the bottom of the slab; closed structure so as not to allow the leaching of liquid or solid wastes to the surrounding soil or ground
   
  h)
Septic Tank - refers to a watertight receptable, which receives the discharge of a sanitary plumbing system system or part thereof, and is designed and constructed to accomplish the sedimentation and digestion of the organic matter in the sewage within the period of detention/retention and to allow the liquid to discharge to a leaching field, sewer lines, a combined sewerage network or directly to a secondary wastewater treatment facility in accordance with the standards set forth by the Revised National Plumbing Code of the Philippines.
   
  i)
Septage Treatment Plant - refers to a series of structures purely for the process of treating septage (from septic tanks) in order to comply with DENR effluent standards.
   
  j)
Sewage - refers to any wastewater containing human, animal or vegetable waste matter in suspension or solution including human excreta and urine and may possibly contain liquids consisting of chemicals in solution.
   
  k)
Sewer - refers to an artificial pipe or conduit for carrying sewage and wastewater.
   
  l)
MWSS - refers to Metropolitan Waterworks and Sewerage System.
   
  m)
Maynilad - refers to concessionaire doing business in the City of Muntinlupa.
   
  n)
Department - refers to the Department of Health.
   
  o)
Communal Excreta Disposal System - an excreta disposal system serving a group of dwelling unit.
   
  p)
Chemical Privy - a privy where fecal matter is deposited into a tank containing a caustic chemical solution to prevent septic action while the organic matter is decomposed.
   
  q)
Digestive Cesspool - a pit for the reception or detention of sewerage.
   
  r)
Distribution box -a small concrete receptacle between the septic tank and the drain field from which lines of drain tiles extend and which acts a surge tank to distribute the flow of sewage equality to each line of drain tiles.
   
  s)
Drainage system - the drainage pipes of a plumbing system taking the waste water from the plumbing fixtures and delivering it to the sewer or some other outlet.
   
  t)
Local Health Officer - refers to City Health Officer.
   
  u)
LLDA - Laguna Lake Development Authority
   
  v)
LMO - Lake Management Office.
   
  w)
Operational Permit - the permit to discharge effluent from sewage disposal system.
   
  x)
Sanitation Inspector - a government official or personnel employed by the national, provincial, city or municipal government who enforces sanitary rules, laws and regulations and implements environmental sanitation activities under the supervision of the provincial/municipal health officer/sanitary engineer.
   
  y)
Wastewater Treatment Plant refers to a series of structure that will process the treatment of sewage, mostly from domestic origin, but may include pre-treated liquid wastes from industries and similar establishments; it may also accept the treatment of septage, provided there are facilities for accepting it an pre-treating it.

SECTION 5. Sewage Disposal System
- all residential, commercial, industrial establishments and government institutions, both old and new ones, in the City of Muntinlupa are required to have a proper sewage disposal system such as septic tank for residences and sewage treatment facility for public or commercial establishment and government institutions.

  a)
Existing Facilities - All residential houses and buildings must have a hygienic septic tank, as defined in SECTION 4(g) above, that is compliant with the national standards. Provided, that no structure must be built on top of septic tank to ensure that it is accessible at all times.
   
   
Owners of commercial, industrial and institutional buildings or facilities shall have an operational wastewater treatment facility either on-site or by service-off-site. The said facility shall conform to the standards of EMB-DENRand DOH.
   
  b)
New Facilities - No building plan for residential dwelling units, commercial, industrial, institutional or recreational structures shall be approved unless the design of the sanitary plumbing and septic tank or wastewater facility conforms to the specifications as provided by national standards.

Facilities in sewered areas utilizing either combined or separate sewer systems are required to provide the appropriate pre-treatment facilities prior to discharge; of wastewater to drainage. Provided, that the City Building Official shall be,required to evaluate the compliance of facilities (o the Pre-treatment standards set by DENR and the Laguna Lake Development Authority (LLDA).

Communal or shared septic tanks can be used alternatively, whenever feasible, particularly for existing clustered structures that are highly dense and characterized by lack of or inadequate land space. The design and the manifest of ownership and joint maintenance of shared septic tanks shall require approval process by the Building Official of the City.

SECTION 6. Mandatory Desludging Of Septic Tanks. All owners and users of septic tanks shall be required to dislodge it on an average of once every three (3) to five (5) years or when the sludge volume is around one third (1/3) of the total volume of the septic tank, whichever comes earlier. To ensure that the septage tank therein will not seep unto the portion of the earth wherein the water deposit is located.

Septic tanks shall be accessible at all times. Further, no structure shall be built on top of any septic tank.

Inaccessible septic tanks shall be repaired, upgraded or replaced by a new one as maybe directed by the Building Official to ensure accessibility and for purposes of desludging at the sole expense of its owner or user.

The inspection and opening of septic tanks shall only be done by Sanitary Inspectors of the City Health Office or Barangay Officials duly authorized by Building Official and/or representative of any of its Concessionaire.

Violation of this provision shall subject the owner and/or user of the septic tank to the penalty as stipulated in Section 15.

SECTION 7. Design Of Septic Tanks. All septic tanks shall be designed to exclude storm water/flow from downspouts and such other requirements and specifications as provided by national standards. The Building Official is mandated to ensure that appropriate standard designs of septic tanks shall be enforced in the plan approvals and inspection procedures.

SECTION 8. Regulation Of Desludgers - Liquid and/ or solid materials removed from septic tanks shall be transported by accredited septage hauler/ pumper to the approved septage treatment facilities pursuant to the regulations prescribed by the Department of Health (DOH). Unless otherwise provided by law, no septage hauler/pumper shall be allowed to collect, transport and unload or dispose of septage in other places, including bodies of water, agricultural fields, and the drainage system within the City.

SECTION 9. Permitting Requirements. All entities applying for Business and Building Permits are required to obtain a Sanitary Permit from the City Health Office (CHO) as part of the requirements for issuance of Building Permits and Annual Business Permits from the City of Muntinlupa.

SECTION 10. Institutional Arrangement. The Environmental Protection and Natural Resources Office (EPNRO) or any office as authorized by the city mayor, shall have the following responsibilities in implementing this ordinance:

  a.)
On Inspection - Assist the City Building Official in designating field inspectors that will check on the general design, construction and maintenance requirements of septic tanks in subdivisions, commercial and business establishments. For existing commercial establishments, factories and dwelling units, it will assist the Building Officials in inspecting facilities to ensure compliance with the law as to wastewater treatment facilities and/or septic tanks.
   
  b.)
Database - Together with the Planning and Development Office, will keep a robust database of all owners/administrators of buildings, facilities and structures who have desludged their septic tanks, those that are inaccessible, those that do not have septic tanks, and those that do not have water sealed toilets, and other data that may be deemed necessary.
   
  c.)
Transport of Septage - Enforce the rules and regulations set forth by the Department of Health and EMB-DENR in handling, transporting, treatment and disposal of septage. Further, it will implement an accreditation system and operational guidelines for private desludging service providers that intend to operate in the city, including but not limited to securing an Environmental Sanitation Clearance (ESC) consistent with the prescribed DOH regulations.
   
  d.)
Sanitary Permits - Assist the City health Office in issuing Sanitary Permits for all treatment and collection facilities and develop their own procedures for periodic inspections of facilities and equipment, and training programs for septage workers.
   
  e.)
Opening of Septic Tanks - Assist Barangay officials in opening septic tanks during inspection m coordination with the Sanitary Inspectors of the City.
   
  f.)
Enforcement - Assist in the enforcement of sewer connection/penalties for those who disconnect with illegal tapping.
   
  g.)
Monitoring - Perform regular monitoring of construction to prevent encroachment of easement and waterways and implement water quality monitoring activities within the area.
   
  h.)
Information and Education Campaign -Implement an information and education campaign about the proper wastewater management and to increase level of awareness and commitment of the pulic to address problems in water pollution control, sewerage and sanitation.

SECTION 11. All residential, public institutional and/or structure owners who are costumers/client by the water concessionaires in Metro Manila shall have their septage disludged and treated once (1) every five (5) years for free.

SECTION 12. Mandatory Connection Of Facilities To Sewer Lines. Buildings or premises production sewage shall connect to the swear main lines in all areas where it exists.

SECTION 13.Maintenance of Drainage. The City shall maintain its drainage system in a sanitary state and in good repair together with the help of concessionaires upon request of the City.

SECTION 14.Prohibited Acts. - The following acts are prohibited:
  1. Littering, throwing, dumping onto bodies of water seweraye sludge of solid waste in public such as road, sidewalks, canals, esteros or parks and establishment or causing or permitting the same.

  2. Refusal to desludge as required by this ordinance.

  3. Refusal of any person to connect its sewage lines to available sewerage lines.

  4. Un authorized transport of sewerage sludge.
SECTION 15. Penalties - Any owner of a non-complying residence or establishment who fails to comply with the provisions of this Ordinance within one (1) year trom the date of its effectivity shall be liable to pay the following fine for every violation thereof as follows
a. First Offense - Php3,000.00
b. Second Offense - Php5,000.00
c.  hird Offense — Revocation of License for commercial establishment or factory.
The City shall post in its bulletin board and website the names of persons or entities who violate this ordinance more than twice.

Failure to comply with the provisions herein shall result in the revocation/ cancellation of business permits for commercial establishments.

SECTION 16. Implementing Office/Department. The Environmental Sanitation Center (ESC), City Health Office (CHO), Environmental Protection and Natural Resources Office (EPNRO), Lake Management Office (LMO) and City Building Office (CBO) shall inspect/monitor the proper implementation of this Ordinance. The Environmental Protection and Natural Resources Office (EPNRO) shall prepare a report on the progress of the implementation of this ordinance.

SECTION 17. Implementing Rules and Regulations (IRR). Within thirty (30) days from the approval of this Ordinance, the necessary Implementing Rules and Regulations (IRR) shall be issued by the City Mayor to the Sangguniang Panlungsod for final review before its implementation of this ordinance.

SECTION 18. Moratorium - All Business establishments and/or individuals are hereby given one (1) year moratorium to comply with this ordinance from the date of its passage.

SECTION 19. Funding - The City Government shall allocate necessary funds to support the implementation of this ordinance.

SECTION 20. The City Government of Muntinlupa shall assist in the establishment of septage tank in depressed area.

SECTION 21. Separability Clause - If for any reason, any part or provision of this ordinance shall be held unconstitutional or invalid, the other parts or provisions not otherwise affected shall remain in full force and effect.

SECTION 22. Repealing Clause - All ordinances or provisions of previous ordinances that are inconsistent with this ordinance are hereby repealed.

SECTION 23. Publication - This ordinance shall publish in a newspaper of general circulation.

ENACTED, by the 7th Sangguniang Panlungsod of Muntinlupa this 23rd day of March 2015, on its 75th Regular Session.

DISTRICT I:
 
(Sgd.) COUN. ATTY. PATRICIO L. BONCAYAO, JR.
Member
 
(Sgd.) COUN. BAL NIEFES
Member
(Sgd.) COUN. STEPHANIE G. TEVES
Member
   
(Sgd.) COUN. LOUISITO A. ARCIAGA
Member
   
COUN. RINGO A. TEVES
Member
(Sgd.) COUN. ALEXANDER B. DIAZ
Member
   
DISTRICT II:
   
COUN. MA. DHESIREE G. AREVALO
Member
(Sgd.) COUN. LUVI P. CONSTANTINO
Member
   
(Sgd.) COUN. ENGR. NEPTALI S. SANTAIGO
Member
(Sgd.) COUN. ELMER S. ESPELETA
Member
   
(Sgd.) COUN. RAFAEL T. SEVILLA
Member
(Sgd.) COUN. VERGEL C. ULANDAY
Member
   
(Sgd.) COUN. ROBERT A. ABAS
Member
(Sgd.) COUN. ROBERT P. BAES
Member
   
(Sgd.) COUN. CELSO C. DIOKO
Sectoral Representative
President
Association of Barangay Captains
 
ABSENT:
 
COUN. MARGARITA AMYTHYST PATDU-LABIOS, MD
Member

I HEREBY CERTIFY, as to the correctness of the foregoing Ordinance.

  (Sgd.) CECILA C. LAZARTE
Sectary
   
ATTESTED:
 
(Sgd.) COUN. ATTY. RAUL R. CORRO
Acting City/Vice-Mayor/Presiding Officer
 
APPROVED:
 
(Sgd.) ARTEMIO A. SIMUNDAC
Acting City Mayor
Date: APR. 05, 2015.
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