Republic of the Philippines

Davao City
CITY COUNCIL

PROPOSED ORDINANCE NO.

AN ORDINANCE REQUIRING ALL BUSINESS ESTABLISHMENTS TO CONDUCT ANY

ENVIRONMENTAL ACTIVITY AS AN ADDITIONAL REQUIREMENT FOR THE GRANT OF
NEW OR RENEWAL OF BUSINESS PERMITS IN LIEU OF THE CONSTITUTIONAL
MANDATE FOR THE ENVIRONMENTAL PROTECTION AND CONSERVATION

WHEREAS, the protection and promotion of the health, and the right to a clean
environment of its constituency is the primary concern of the City;

WHEREAS, it is the policy of the City to promote the preservation, protection and revival
of the ecosystem through prevention, control and abatement of air, water and land pollution and
spread of hazardous wastes in the environment, hand-in-hand with the sustained development
of the City;

WHEREAS, the local government is tasked to fulfill human needs for industrialization
while maintaining the quality of the natural environment for the current and future generations,
a sound and strategic policy aimed to have a peaceful co-existence of man and nature;

WHEREAS, with the City of Davao’s development growth, the increasing number of
business establishments, buildings, subdivisions and infrastructure projects and growing
population comes along our greater responsibility to properly manage our environment;

WHEREAS, incidence of natural calamities and environmental degradation, flooding,

global warming and climate change are phenomena that each government around the world
should seek to address and mitigate their negative impact to the environment and its people and
shall consider all efforts as an utmost and top priority towards building a resilient community;

WHEREAS, the City Council being the legislative body of the City and as mandated by the
Local Government Code of 1991, should enact and approve ordinances, in addition to and in
adoption of laws passed by the national government to protect the environment necessary for the
general welfare of its constituents;

WHEREAS, the City specifically to implement and enforce environmental laws on

cleanliness, sanitation, solid waste management and other environmental concerns including air
and water pollution control.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DAVAO CITY IN

SESSION ASSEMBLED:

GENERAL PROVISIONS SECTION

Section 1. TITLE – This ordinance shall be known as the “ENVIRONMENTAL

ACTIVITY AS A REQUIREMENT FOR THE GRANT OF NEW/ RENEWAL OF
BUSINESS PERMITS TO PROVIDE BALANCE BETWEEN
INDUSTRIALIZATION AND CONSERVATION OF NATURAL RESOURCES”
and shall be commonly referred to as the “INDUSTRIALIZATION ALONG WITH
CONSERVATION OF NATURAL RESOURCES”.

Section 2. POLICY- It shall be a policy of the Local Government to establish and adopt
measures that affords balance between developmental growth and the protection,
preservation, conservation and development of its environment and natural
resources. The local government shall secure a peaceful co-existence of man and
nature and shall maintain the natural environment for the current generation and for
the generations yet to come. While, as business owner's primary objective was solely
to generate revenues and increase profits and such businesses are both economically
and socially important to the growth and development of the City of Davao,
researches provide of its critical impact to the environment. The implication here is
that during the conduct of business, waste and pollution is produced and disposed and
also there is a depletion of resources of energy and water. Towards this end, the City
shall adopt holistic measures and shall strive to effectively and efficiently promote
balance between industrialization and conservation of the environment such as land,
air and water and its natural resources. In lieu of this, the city shall enjoin the
participation of all business establishments to conduct any environmental activity as
taking part to the reduction of the impact of industrialization to the environment.
Finally, the City Government commits to strive to become a model city whose
sustainable development is characterized by a wholesome, advanced, equitable and
competitive environment that values human potential, natural resources, strong
community participation and responsive governance. For this to achieve,
participation of community is important, hence, all our development efforts should
be consistent hereof.

Section 3. PRINCIPLES -This code is based on the vision, mission, goals and
objectives of the City to attain sustainable development based on the following
principles:
a. The right to development and industrialization must be fulfilled so as to equitably
meet the demands of present and future generations.
b. Sustainable development and environmental protection shall constitute an integral
part of the development process and cannot be considered in isolation from
industrialization.
c. Active participation of all business establishments is vital to attain sustainable
development and reducing the effects of industrialization;
d. Climate Change is a reality and adaptation and mitigation to its impacts can be
addressed by intensifying environmental awareness and encouraging every person
to do his integral part in small ways.
e. The polluter shall bear the cost of pollution.
g. The State at all cost shall protect and promote the right of the people to health by
providing a clean environment to live.

SECTION 4. DEFINITION OF TERMS – As used in this Ordinance, the following

terms shall be defined as:

Air Pollution – refers to any alteration of the physical, chemical and biological
properties of the atmosphere, or any discharge thereto of any liquid, gaseous or solid
substances that will or is likely to create or to render the air resources of the City
harmful, detrimental or injurious to public health, safety or welfare or which will
adversely affect their utilization for domestic, commercial, industrial, agricultural,
recreational, or other legitimate purposes.

Ambient Air Quality – refers to the general amount of pollution present in a broad
area and refers to the atmosphere‟s average purity as distinguished from discharge
measurements taken at the source of pollution;

Biodegradable – refers to any material that can be reduced into finer particles
(degraded or decomposed) by microbiological organisms or enzymes;

BPLO – refers to the Business Permits and Licensing Office;

Bulky Waste – refers to waste material which cannot be appropriately placed in

separate containers because of either its bulky size, shape or other physical attributes.
These include large, worn-out or broken household, commercial, and industrial items
such as, but not limited to, furnitures, lamps, bookcases, filing cabinets, and other
similar items;

.City – refers to the Davao City Government;

Collection – refers to the act of removing solid wastes from source or from a
communal storage point to be transported properly to the designated disposal site;
Commercial Waste – refers to organic and inorganic residues coming from
commercial establishments such as Department stores, malls, hotels, restaurants,
spas and the like; Compost – decayed organic material for use as soil, conditioner or
fertilizer; Composting – refers to the controlled decomposition of organic matter such
as food waste, garden waste, animal waste, human waste, by micro-organism such
as bacteria and fungi into humus-like product; Compression Ignition Engine – refers
to an internal combustion engine in which atomized fuel temperature is raised
through compression, resulting in ignition, e.g. diesel engines; Concerned
Department
– refers to any or combination thereof or all of the following Departments, namely:
Environmental Protection and Waste Management Department (EPWMD), Quezon
City Health Department (QCHD), Department of Building Official (DBO), Parks
Development and Administration Department (PDAD) and Business Permits and
Licensing Office (BPLO); Construction & Demolition Debris – solid wastes arising
from the construction and demolition of structures such as earth mounds, dilapidated
concretes, pieces of stones, rocks and wood, metal and plastic scraps; DAO – refers
to DENR Administrative Order DBO – refers to the Department of Building Official;
Decibel – refers to a measure of sound level and is equal to 10x the logarithm of the
square of a measured sound pressure level (SPL) divided by a reference sound
pressure; 4 DENR – refers to the Department of Environment and Natural Resources;
Department – refers to the Environmental Protection and Waste Management
Department; Discharge – includes, but not limited to, the act of spilling, leaking,
pumping, pouring, emitting, emptying, releasing, or dumping of any material into a
body of water, or onto land, from which it might flow or drain into said body of
water; Disposal – refers to the discharge, deposit, dumping, spilling, leaking, or
placing of any solid waste into or in any land; Domestic Sewage – refers to
wastewater composed of raw liquid and solid waste coming from residential and
commercial uses, exclusive of industrial and hazardous waste; Domestic Sludge –
refers to solid particle of domestic sewage, which settles at the bottom of the
sedimentation tank and is digested by anaerobic bacteria, purely from domestic
sources, exclusive of industrial and hazardous waste; Domestic Waste – refers to
refuse from households which may be classified as biodegradable (compostable) and
non-biodegradable (non-compostable); DOTC – refers to the Department of
Transportation and Communication; Dry or non-biodegradable garbage or waste –
refers to post consumer materials which can be transformed into new product or to
another usable material, or processes and used as a raw material in the manufacture
of a recycled product; DTI – refers to the Department of Trade and Industry;
Dumping – refers to any unauthorized or illegal disposal into any body of water or
land, of wastes or toxic or hazardous material: Provided, that it does not mean the
release of effluent coming from commercial, industrial, and domestic sources which
are within the effluent standards; Effluent – refers to the discharges from known
source which is passed into a body of water or land, or wastewater flowing out of a
manufacturing plant, industrial plant including domestic, commercial, and
recreational facilities; Effluent Standard – refers to any legal restriction or limitation
on quantities, rates, and/or concentrations or any combination thereof, of physical,
chemical, or biological parameters of effluent which a person or point source is
allowed to discharge into a body of water or land; Emission – refers to any
measurable air contaminant, pollutant, gas stream or unwanted sound from a known
source which is passed into the atmosphere; Enforcer – refers to a bona fide personnel
duly authorized by the Head of the concerned Department to implement this Code;
Environmental Clearance (EC) – refers to a clearance issued by the Department which
shall be valid from the date of issuance until December of the same year and shall be
a pre-requisite in the issuance of a Business Permit; 5 Environmental Management –
refers to the entire system which includes, but not limited to conservation, regulation
and minimization of pollution, clean production, waste management, environment
law and policy, environmental education and information, study and mitigation of
the environmental impacts of human activity, and environmental research. EMB –
refers to the Environmental Management Bureau; EVR – refers to the Environmental
Violation Receipt; Fieldwork – refers to any work done outside of Office of the
concerned Department by its duly authorized personnel for purposes of enforcement
and implementation of the environmental laws, regulations and programs on
environmental protection and waste management as provided in this Code;
Freshwater – refers to water containing less than 500 ppm dissolved common salt,
sodium chloride, such as that in groundwater, river, pond and lakes; Generation –
refers to the act or process of producing solid waste; Hazardous Waste – refers to
solid waste or combination of solid waste which, because of its quantity,
concentration, or physical, chemical or infectious characteristics may: 1. cause, or
significantly contribute to an increase in mortality or an increase in serious
irreversible, or incapacitating reversible illness; or 2. pose a substantial present or
potential hazard to human health and the environment when improperly treated,
stored, transported, or disposed of, or otherwise managed;

Section 4. Governing Laws- This Ordinance covers the adoption of some applicable
pertinent provisions of the Philippine Laws, DILG, DENR issuances and Natural
Resources Code, such as but not limited to, the following:

4.1. 1987 Constitution

4. 2. RA 9275 or the Philippine Water Act of 2004
4.3. RA 8749 or the Philippine Clean Air Act of 1999
4.4. RA 9729 or the Climate Change Act of 2009
4.5. RA 9003 or the Philippine Ecological Solid Waste Management Act of 2003
4.6. PD 1586 – Establishing the Environmental Impact Statement System
4.7. RA 10121 or the Philippine Disaster Risk Reduction and Management Act of 2010
4.8. RA 7160 or the Local Government Code of 1991
4.9. DENR Administrative Orders
4.10. DILG Administrative Orders
4.11. Joint Circulars of DILG and DENR
4.12. Existing Municipal Ordinances This Ordinance shall apply to all business
establishments, owners, board members and employees doing business within the
territorial jurisdiction of the City of Davao.

ARTICLE V Implementation of Liloan’s Environmental Programs Section 5. All

persons whether natural or juridical as enumerated in paragraph 2, Section 4 of this
Ordinance doing business in this municipality shall be required to implement
environmental programs which will form as a requirement for securing a business
and / or Mayor’s Permit or License. Within six (6) months upon approval / effectivity
of this Ordinance, the following processes shall be observed / complied: 5.1.
Preparation of Annual Environment Sustainability Action Plan (Sustainability Plan
for brevity) with the following minimum features: 5.1.1. Nature of Business; 5.1.2.
Impact of the business on the environment (land, air, water) and the community;
5.1.3. Compliance with pertinent laws such as RA 9003, RA 8749 and other
environmental laws and regulations, and 5.1.4. Mitigation and adaptation strategies
to climate change through an Action Plan to protect the environment. 11 5.2. The
Sustainability Plan shall be signed and under oath by the company’s president and
attested to by its corporate secretary or in case of single proprietorship, its owner or
general manager. 5.3. The Sustainability Plan shall be duly notarized. 5.4. The
Sustainability Plan shall be submitted to the Municipal Environment and Natural
Resources Officer of the Municipality of Liloan and a copy furnished to the respective
Barangay Development Councils where the principal office and / or area of operation
of the applicant is located. 5.5. Within fifteen (15) days from receipt of the
Sustainability Action Plan, and after verification, the Municipal Environment and
Natural Resources Officer of the Municipality of Liloan shall issue a certification in
favor of the applicant(s) covered by the Ordinance; 5.6. The certification issued by the
Municipal Environment and Natural Resources Officer of the Municipality of Liloan
shall be submitted to the Municipal Treasurer’s Office as part of the requirements for
the renewal or for securing business and/or Mayor’s Permit or license. ARTICLE VI
Environmental Programs Section 6. The Municipality’s mission is to protect,
preserve, conserve, and restore the quality of the Municipality’s sources of life and to
mitigate the adverse impact of global warming and climate change while fostering
smart growth and economic development for the benefit of this generation and the
generations yet to come. Such that, it is mandated by this Ordinance that all persons
covered under Section 4 hereof shall prepare an Annual Environment Sustainability
Action Plan attuned to, but not limited to, the following initiatives: 6.1. Land – the
land is a precious resource that needs to be protected. The Municipality encourages
everyone to establish a program that will make sure it is not only protected but to be
of good use as well. Among which are: 6.1.1. Tree Planting and Tree Growing
Activities; 6.1.2. Mandatory Roadside Greening and Beautification; 6.1.3. Putting up
vegetation on the backyard or frontage of homes and Establishments; 6.1.4. Adopt-a-
Mountain Program; 6.1.5. Adopt-a-Tree Program; 6.1.6. Soil Conservation Program
such as the use of organic fertilizer to regulate the chemical fertilizer and contour
farming in the upland areas; and 6.1.7. Vegetation Program and others. 6.2. Air – in
order to enhance the life support system of one planet and to promote the health and
welfare of the constituents by preventing, controlling and lessening the air pollution,
the Municipality encourages every person to: 6.2.1. Implement Anti-Smoking
Ordinance and Laws; 6.2.2. Implement emission standards for motor vehicles
pursuant to and as provided under RA 8749, the Philippine Clean Air Act. 6.3. Water
– with two thirds of the earth’s surface covered by the water and the human body
consisting of 75 percent of it, it is evidently clear that water is one of the prime
elements responsible for life on earth. Thus, the Municipality encourages to establish
a program for the preservation and conservation of water, such as, but not limited to:
6.3.1. Treatment of Gray Water; 6.3.2. Establishment of Rainwater Catchment; and
6.3.3. Programs on Coastal Clean-up. 12 6.4. Waste Management – to ensure the
protection of the public health and environment, the Municipality adopts the
principle of utilizing environmentally sound methods that maximize the utilization
of valuable resources, resource conservation and recovery. Thus, guidelines and
targets for solid waste avoidance and volume reduction are set, such as, but not
limited to: 6.4.1. Waste Segregation; 6.4.2. Composting; 6.4.3. Recycling: 6.4.4. Plastic
Regulation; 6.4.5. Programs on Reuse of Recyclables; and 6.4.6. Waste Reduction. 6.5.
Energy Conservation Program - the importance of energy has to be addressed with
utmost sense of responsibility and urgency, as the search to be more self-sufficient in
energy generation; it is imperative to encourage everyone to do their share in
conserving uses of energy by: 6.5.1. Changing Incandescent Bulb to Compact
Florescent Light; 6.5.2. Advocating Wise Use of Electricity; and 6.5.3. Exploration and
development of renewable resources of energy such as but not limited to, biomass,
solar, wind, hydro, geothermal and ocean energy sources, including hybrid systems,
to achieve energy self reliance, through the adoption of sustainable energy
development strategies to reduce the country’s dependence on fossil fuels and
thereby minimize the country’s exposure to price fluctuations in the international
markets. 6.6. Information, Education, Campaign – to foster patriotism and
nationalism and promote total human liberation and development, the municipality
encourages everyone to promote awareness on the role of the sources of life in
economic growth and the importance of environmental conservation and ecological
balance sustaining the town’s development. 6.7. Corporate Social Responsibility. Any
person / establishment doing business in Liloan shall commit to render Corporate
Social Responsibility to the municipality and shall likewise include its mandate to
employ environment friendly practices and responsible citizenship among its
employees. Responsible citizenship is requiring employees to observe and comply
environmental rules and regulations as part of the code of conduct, a duty and
obligation of the employees to the establishment and to the town of Liloan, as well
as, rendering environmental program / activities to the municipality. 6.8. Notice of
Violation. The Liloan Environmental Law Enforcement Team shall be tasked to
conduct monitoring / surviellance and inspection in all establishments and shall
likewise issue Notice of Violation, if deemed necessary. The municipality shall
require the establishment to comply corrective measures of every violation and
compliance hereof shall form part in the renewal of its permits. 6.9. Water
Conservation Measures and Greening. All establishments are required to put up
Green Vegetation and or Planting of Endemic Forest Trees in the Open Space and
Parking Areas. Further, concreting the entire parking area shall not be allowed,
except if it will be made up of foot pots and other similar structures that will allow
easy percolation of water to the ground. The Municipal Engineering Office shall make
sure that compliance hereof shall be a part of the requirement in granting building
and/or occupancy permit. 7.0. Mandatory Establishment / Installation of Cisterns.
All buildings shall be required to put-up rainwater catchments or cisterns as a way
of conserving water. The Municipal Engineering Office shall see to it that compliance
hereof shall form part of the building and occupancy permit.