ORDINANCE NO.

8975-2003
AN ORDINANCE REQUIRING THE MANDATORY SEGREGATION OF WASTE AT SOURCE AND
PROVIDING PENALTY FOR VIOLATION THEREOF AND FOR OTHER PURPOSES
BE IT ORDAINED by the City Council (Sangguniang Panlungsod) of the City of Cagayan de
Oro in session assembled that:
SECTION 1. - Title. This Ordinance shall be known as the Waste Segregation Ordinance of
Cagayan de Oro City.
SECTION 2. - Definition of Terms
1.

Segregation at Source refers to the waste management practice of sorting, categorizing and
separating the different waste at the point of origin or source of generation in order to promote
recycling and re-use of resources to reduce the volume of accumulated waste prior to final
disposal.

2.

Recyclable materials - refers to any waste materials retrieved from waste stream that can still
be converted or utilized into other purposes.

3.

Re-use refers to the process of recovering the waste materials intended for the same or
different purpose without alteration of the physical characteristics of the recovered materials.

4.

Recycling shall refer to the process of treating used or waste materials making them suitable
for beneficial use and for other purposes and includes any process by which waste materials are
transformed into new products.

5.

Material Recovery Facility Station - refers to the designated and or established building or
structure designed drop-off center designed to receive, temporarily store, sort, separate and
recover waste before the transfer, transport and final disposal of remaining non-reusable waste
into the identified sanitary landfill site.

6.

Receptacles refers to the properly marked individual waste containers used for separation or
segregation of recyclable materials.

7.

Market Vendors refers to the permanent and /or ambulant vendors mainly engaged in the
business activities at the City Public Markets and within its vicinity.

8.

Resource Recovery shall refer to the collection, extraction and recovery of and re-usable
materials from the waste stream for the purpose of recycling, generating energy or producing a
product suitable for other beneficial use.

9.

Compostable- refers to biodegradable or compostable materials free from contamination of

pathogens, and hazardous substances and considered safe for agricultural use.

10.

Composting - refers to the controlled decomposition of organic matter by micro-organisms,

mainly bacteria and fungi, into a humus-like product

11.

Hazardous Waste refers to substances which because of its quantity, concentration or

physical, chemical or infectious characteristics may:
a.

Cause, or significantly contribute to an increase in mortality or an increase in serious

irreversible, or incapacitating reversible, illness; or;

PAGE 2 OF 7, ORDINANCE NO. 8975-2003,

b.

Pose a substantial present or potential hazard to human health or the environment

when improperly treated, stored, transported, or disposed of, or otherwise managed;

12.

Residual Waste refers to waste that present no other use or purpose, and cannot not be
classified as compostable, recyclable, nor reusable.

13.

Storage- shall refer to the interim containment of solid waste after generation for purposes of
segregation and resource recovery prior to disposal.
SECTION 3. - Mandatory Segregation and Waste Classification

a.

That segregation of waste shall be primarily conducted at the source or point of origin, to
include household, institutional, industrial, commercial/business establishments and
agricultural sources.

b.

The segregation of waste shall be primarily conducted and managed at the barangay level
specifically for the compostable, recyclable, and reusable waste. Likewise, the barangay shall
promote or encourage the involvement of Non-Government Organizations, Peoples
Organizations, and similar in activities pertaining to the solid waste management such as
segregation, collection, disposal, and others.

c.

That the respective Barangay Council shall initiate in the conduct of resource recovery for the
compostable, recyclable and re-usable waste.

d.

There shall be a properly identified and marked wastes container or receptacles for on-site
collection for each type of waste depending on its classification as to COMPOSTABLE
RESIDUAL/HAZARDOUS RECYCLABLE and any other waste as may be determined by
the City Solid Waste Management Board.

e.

That waste containers or receptacles shall be properly marked and identified with description
and correspondingly coded with colors according to the classification of the segregated waste:
COLOR CODE
GREEN

CLASSIFICATION
COMPOSTABLE

RED

RESIDUAL / HAZARDOUS

YELLOW

RECYCLABLE / REUSABLE

MATERIALS
SOBRA NGA PAGKA-ON
DAHON UG SANGGA SA KAHOY
LISO UG PANIT SA PRUTAS, UTAN0N
BAGUL OR BUNOT SA LUBI
UG TANAN MALATA NGA BASURA
GUBA
NGA
FLOURESCENT
UG
BOMBELYA
GUBA NGA SINILAS UG SAPATOS
BATTERYA
GOMA
STYROFOAM
SUDLANAN SA MGA KEMIKALS
UG UBAN NGA WALA NAY KAPUSLANAN
UG MAKADAOT SA KINAIYAHAN
PAPEL UG CARTONS
PUTHAW
PLASTIC NGA SUDLANAN
LATA
BILDO
BOTELYA

PAGE 3 OF 7, ORDINANCE NO. 8975-2003,

UG UBAN PA NGA ADUNA PA UG

KAPUSLANAN

f.

That the properly marked waste container or receptacles shall be of such design as readily to
permit handling. They shall also be made suitable and appropriate for containing waste with
safety and without leakage or spilling to be sanitary.

SECTION 4. - Establishment of the Material Recovery Facility Station in a Barangay or Cluster

of Barangays.
a.

That there shall be a Material Recovery Facility Station in a Barangay or Cluster of Barangays.
The MRFS shall be established in a suitable site based on considerations such as the volume of
waste generation, availability of site for the MRFS and accessibility of garbage collection and
transport provision which shall be determined by the Barangay and/ or cluster of barangays.

b.

The MRFS shall receive the segregated waste according to prescribed waste classification for the
final sorting. The resulting residual non-recyclable and non-reusable waste shall be transported
to the designated Sanitary Landfill/Dumpsite for the final disposal.

c.

That it shall be the duty of the respective Barangay Council to supervise wastes segregation and
resource recovery from the household, building, premises or place of business within their
respective territory.

d.

That appropriate duration for the storage of waste in the Material Recovery Facility Station
shall be determined by the respective Barangay Council in Coordination with the City Public
Services Office.
SECTION 5. - Requirements for the Collection and Transport of Wastes.

a.

That it shall be the duty of the City Public Services Office to collect and transport all nonrecyclable wastes, non-re-usable wastes, and non- compostable wastes at the respective
Material Recovery Facility Station in every Barangay or cluster of Barangays at the day and time
set by the City Public Services Office upon prior approval of the City Mayor and the same waste
shall be transported for final disposal at the Sanitary Landfill/Disposal Site.

b.

That it shall be the duty of the respective Barangay Council or its representative to dispose/sell
recyclable materials gathered at the designated Material Recovery Facility Stations and the net
proceeds thereof shall be used to sustain environmental and sanitation programs and activities
of the respective barangays.

c.

That the Barangay household collection schedule shall be properly coordinated with the
collection schedule of the City Public Services Office to ensure the effective and efficient
collection and disposal operation.

SECTION 6. - Required Number and Placement of the Properly Marked and Coded
Receptacles or Containers.
a.

Waste

That it shall be the duty of the respective administrator owners/ manager/ proprietor/
leases/occupants of any business, commercial, industrial, utility, private or public
establishments, conveyances, and residential houses to provide properly marked segregated
garbage receptacles and/or containers at their respective proper, and in other similarly related
strategic sites. The color-coding as provided in Section 3, paragraph e hereof shall be strictly
observed and followed.

PAGE 4 OF 7, ORDINANCE NO. 8975-2003,

b.

That the City Public Services Office depending upon the garbage output of the particular place
shall determine the Number and Placement of the properly marked garbage receptacles.
Provided further that the Barangay reserve the right to prescribe appropriate sites in addition to
the sites respectively identified for providing the properly marked and coded segregated
garbage receptacles.
SECTION 7. - Interference with Garbage and Garbage Collection.

a.

Littering, throwing, dumping of waste matters in public places such as roads, sidewalks, canals,
esteros or parks, and establishment, or causing or permitting the same is prohibited;

b.

It shall be unlawful for any person to remove / relocate / scatter / spill any wastes after it shall
have been put in the properly marked and coded garbage receptacles, or in any manner
interfere in the discharge of official duty of any official garbage collector.

c.

The removal / relocation or taking away of any coded garbage containers or receptacles from
duly designated locations other than that by persons authorized by the city/barangay shall be
prohibited.

d.

Re-mixing of sourcedseparated materials with other type of solidwaste in vehicle, containers,

or receptacles is prohibited;

e.

Personal protective equipment shall be provided to and used by every personnel directly
dealing with collection and disposal of waste to properly safeguard them from the hazards of
handling waste.

f.

The dumping of garbage on any other place other than the Sanitary Landfill and other
designated dumping area is prohibited.

g.

Resale or transport for the purpose of sale of any part, damaged portions, or in any form of
discarded garbage bins or similar materials intended for such use shall be prohibited. Only the
implementing agencies or agencies authorized by the city, or respective barangays upon proper
clearances shall be allowed to do such final disposal of garbage bins.
SECTION 8. - Environmental Labeling on Plastic as Packaging

All industries, private entities, business/commercial establishment and other institutions that
use plastics as packaging shall provide to ncorporate environmental labeling on the front side of the
plastic so as to be visible to read and comply by the end user as:

PAGE 5 OF 7, ORDINANCE NO. 8975-2003,

Re-use/Recycle this Bag Properly

CITY SOLID WASTE MANAGEMENT BOARD
SECTION 9. - Duties of Residents including Market Vendors
a.

All house owners and tenants of residential building and owners, managers, administrator,
director, occupants and lessees of any commercial/business establishments including Market
Vendors, industrial, private and government institutions shall be required to clean the area in
front of and around their vicinity and shall required to provide the waste receptacles for
efficient waste segregation scheme.

b.

That it shall be unlawful for any person to cause for the disposal of garbage other than the
allocated waste containers or receptacles at duly specified or designated area.
SECTION 10. - Jurisdiction of City Public Agencies.

a.

That the City Economic Enterprise Department (CEED) shall be responsible for the supervision
in the proper segregation and disposal of solid waste in the public markets and terminals
including the city public cemeteries in coordination with the City Public Services Office.

b.

That the City Engineering Office in coordination with the respective Barangay Council shall be
likewise generally responsible over the cleanliness and proper disposal of waste over public
domains particularly rivers, streams, canals, esteros, storm drainage, or in any natural and man
made waterways.

c.

That it shall be the duty of the City Veterinary Office to enforce the Ordinance on Astray
Animals who have been the constant source of scattered waste materials in the streets/
highways and such enforcement shall be coordinated with the respective Barangay Council.
SECTION 11. - Information Drive.

The CLENRO in coordination with the City Public Services Office, City Health Office, City
Veterinary Office, City Information Office and all other City and Barangay, Government Agencies that
may hereafter be tasked by the City Chief Executive are mandated to conduct extensive education,
information campaign regarding this Ordinance and pertaining Laws, Rules and Regulations on Solid
Waste Management.
SECTION 12. - Penalty Clause.
a.

Any person who violated, disobeyed, refused, omitted or neglected to comply with the Section 7
(a) and Section 9 (b) of this Ordinance shall, upon conviction, be punished with a fine of not
less than three hundred Pesos (P300.00) but not exceeding one thousand pesos (P1,000.00) or
render community service of not less than one (1) day to not more than fifteen (15) days, or both
depending upon the discretion of the Court.

b.

Any person who violated, refused, omitted or neglected to comply with the provisions of
Section 6 (a); Section 7 (b), (c), (d), (g) and; Section 9 (a) of this Ordinance shall, upon
conviction, be punished with a fine of not less than one thousand pesos (P1,000.00) but not
exceeding three thousand pesos (P3,000.00), or imprisonment of not less than fifteen (15) days
but not more than six (6) months or both depending upon the discretion of the Court.

c.

Administrative Sanctions. Local government officials and officials of local government agencies
concerned failed to comply the enforced rules and regulations promulgated relative to this

PAGE 6 OF 7, ORDINANCE NO. 8975-2003,

ordinance shall be charged administratively in accordance with RA7160 and other existing laws,
rules and regulations.
SECTION 13. - Repealing Clause. All other ordinances, local issuances, rules and regulation, or
parts thereof inconsistent with the provisions of this ordinance are hereby repealed or modified
accordingly.
SECTION 14. - Effectivity. This Ordinance shall take effect after fifteen (15) days following its
official publication in a local newspaper of general circulation
UNANIMOUSLY APPROVED.
AUTHORS:
- COUNCILOR ALVIN R. CALINGIN AND ALL MEMBERS
In favor:
- Councilor Michelle J. Tagarda
- Councilor Noel S. Beja
- Councilor Alvin R. Calingin
- Councilor Annie Y. Daba
- Councilor President D. Elipe
- Councilor Juan Y. Sia
- Councilor Alfonso C. Goking
(indisposed)
- Councilor Jose Benjamin A. Benaldo
- Councilor Ian Mark Q. Nacaya

Out of the Session Hall:

- Councilor Reynaldo N. Advincula
- Councilor Edgar S. Cabanlas
- Councilor Caesar Ian E. Acenas
- Councilor Benmarc P. Garcia
Absent:
- Councilor Maryanne C. Enteria

NOTE: Approved on first reading under Motion No. 11060-2003 on July 28, 2003
DONE in the City of Cagayan de Oro this 17TH day of November 2003.
I hereby certify to the correctness of the aforestated Ordinance.

ARTURO S. DE SAN MIGUEL

CITY COUNCIL SECRETARY

Attested and certified as duly enacted:

JOHN L. ELIZAGA
CITY VICE-MAYOR
PRESIDING OFFICER

Approved:

PAGE 7 OF 7, ORDINANCE NO. 8975-2003,

VICENTE Y. EMANO
CITY MAYOR

Attested:

NORBERTO A. COSADIO
SECRETARY TO THE MAYOR