ORDINANCE NO. 06
series of 2009
AN ORDINANCE ENACTING THE MUNICIPAL ENVIRONMENT CODE OF MIAGAO, ILOILO
[Authors: Hon. Raul F. Facon and Hon. Orlando S. Paulma]
[Sponsors: Hon. Santos N. Niñonuevo, Hon. Suzita M. Go, and Hon. Raul F. Facon]
Be it enacted by the Sangguniang Bayan in session assembled, that:
CHAPTER I
GENERAL PROVISIONS
Section 1. TITLE AND SCOPE. This ordinance shall be known and cited as the Local Environment Code of Miagao. It covers all general administrative ordinances enacted over the years, Sangguniang Bayan resolutions and Ordinances as well as provisions from Executive Orders issued by the Local Chief Executive that partake the nature of ordinances relevant to the protection, conservation, utilization and management of the environment specifically along the areas of land, air, and water.
Section 2. STATEMENT OF PURPOSE. The purpose of the Code is to integrate the planning, implementation, monitoring and evaluation of programs, projects and activities on Land Resources Management, Solid Waste Management and Coastal Resources Management through effective and efficient legislative enacted with the end in view of attaining a healthy and sustainable environment for a better quality life of the people.
Section 3. RULES IN INTERPRETING THE CODE.
a.General rule. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as many have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to that peculiar and appropriate meaning.
b.Gender. Singular and Plural. Every word in the Code importing the masculine gender shall extend to and be applied to several persons or things as well as one person; and every word importing the plural number shall extend and be applied to one person or thing as well as to several persons or things.
c.Person. The word “person” shall extend and be applied to natural and judicial, persons such as firms, corporations, or voluntary associations, unless plainly inapplicable.
d.Tenses. The use of any verb in the present tense shall include the future when applicable.
e.Shall Have Been. The words “shall have been” include past and future cases.
f.Shall. “Shall” is mandatory.
g.May. “May” is permissive.
h.Reasonable Time or Notice. In all cases where any provision of this Code shall require any act to be done in a reasonable notice to be given, that reasonable time or notice shall mean such time only as may be necessary for the prompt performance of that duty, or compliance with that notice.
i.Computation of Time. When the Code refers to a day that means a working day for government offices beginning from 8:00 in the morning up to 5:00 in the afternoon. A month consists of 30 days except when the particular month shall be basis on counting time.
Section 4. ENVIRONMENT ASSESSMENT POLICIES. The Municipality of Miagao hereby adopts policies that will promote the environment – friendly activities of business, industry and settlements in the urban and suburbs as far as infrastructure and socials services is concerned.
It should be ascertained that any proposed project needing the approval of the Municipal Government of requiring the issuance of a permit would not cause any significant negative environment impact on the physical, biological, and socio- economic environment.
There shall be conducted a yearly inspection of business sites and premises to determine the preservation of the physical environment. Should there finding of the degradation, destructions or violations of the environment appropriate and immediate action shall be instituted to mitigate the effects of such environmental degradation and the full force of the law be applied to the violators.
Section 5. ENVIRONMENTAL IMPACT ASSESSMENT OR STATEMENT. Environmental Impact Assessment or Statement shall be required only from those industries certified by the Environmental Management Bureau (EMB), Department of Environment and Natural Resources (DENR) as requiring such statement or assessment as well as the other activities as may determined by HLURB and EMB-DENR as requiring such statement or assessment Major construction development activities maybe required by the Zoning Administrator or by the Local Government to submit an Environmental Impact Statement for view by the HLURB. The applicant shall submit the following requirements.
a.Detailed description of the proposed development or construction.
b.Detailed description of the physical, biological, social environment within which the development or construction will occur.
c.Detailed description of existing plan, which will be affected by the proposed description development action.
d.Detailed description of other actions planned.
e.Detailed description of probable direct and induced impact of the proposed action on the physical, biological, and social environment.
f.Special emphasis on diverse effects, long-term effects resource commitment
and cost-benefit analysis.
Section 6. BASES FOR ACTION. Considering the extent and complexity of environmental initiatives, the following local and international policy instruments and action programs are hereby considered to ensure an efficient, equitable and sustainable allocation, utilization, management and development of the municipality’s land resources, to wit:
a.The 1987 Constitution of the Philippines. The Constitution provides in Article II, Section 16 thereof that: “The State shall protect and advance the right of the people to balance and healthful ecology in accord with the rhythm and harmony of nature.”
b.The Philippine Environment Code of 1977 (Presidential Decree No. 1152).
c.The Philippine Clean Water Act of 2004 (Republic Act No. 9275).
d.The Ecological Solid Waste Management Act of 2000 (Republic Act No. 9003). Republic Act No. 9003, which provides that the State adopts a systematic, comprehensive and ecological solid waste management program.
e.The Clean Air Act of 1999 wherein it is stated that:
“The state shall promote and protect the global environment to attain the sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems. The state recognizes that the responsibility of cleaning the habitat and environment is primary area – based. Finally, the State recognizes that a clean and healthy environment is for the good of all and should therefore, be concerned of all.”
f.The Philippine Fisheries Code of 1998 (Republic Act No. 8850).
g.Section 484 of Republic Act No. 7160 otherwise known as the Local Government Code of 1991 provides for the appointment of an Environment and Natural Resources Officer (although optional) for the municipal, whose tasks include the formulation of measures for the consideration, assistance and support to the mayor in carrying out measures to ensure the delivery of basic services and provisions of adequate facilities relative to environment and natural resources services as provided for under Section 17 of the Local Government Code. Section 458 (a)(1)(vi), R.A. 7160, directs the Sangguniang Bayan to enact ordinances that will “protect the environment and imposed the appropriate penalties for acts which endanger the environment, such as dynamite fishing and other forms of destructive fishing, illegal logging and smuggling of logs, smuggling of natural resources products and endangered species of flora and fauna, slush and burn farming and other activities which result in pollution, acceleration of eutrophicationof rivers and lakes or of ecological imbalance.
h.Rio Declaration (U.N. Conference on Environment and Development) Local Authorities Initiatives in Support of Agenda 21. Local authorities construct operate and maintain economic social environmental infrastructure oversee planning process, establish local environmental policies and regulation and assist in implementing national and sub- national environmental policies. As the local government is close to the people, they play a pivotal role in educating, mobilizing and responding to the public to promote sustainable development.
CHAPTER II
DEFINITION OF TERMS
Section 7. AS USED IN LAND RESOURCES MANAGEMENT. The following terms are conceptually and/or operationally defined as follows:
1.Agricultural Zone (AGZ) – an area within the municipality intended for cultivation/fishing and pastoral activities, e.g. fish, farming, cultivation of crops, goat/cattle raising, etcetera.
2.Agro-Industrial Zone (AIZ) – an area within the municipality intended primarily for integrated farm operations and related product processing activities such as plantation for bananas, pineapple, sugar etc.
3.HLURB/BOARD – shall mean the Housing and Land Use Regulatory Board
4.Buffer Area – these are yards, parks or open spaces intended to separate incompatible elements or uses to control pollution/nuisance and for identifying and defining development areas or zones where no permanent structures are allowed.
5.Built-up Area – a contiguous grouping of ten (10) or more structures.
6.Central Business District – shall refer to areas designated principally for trade, services and business purposes (Commercial 1 Zone).
7.Certificate of Non-Conformance – certificate issued to owners of all uses existing prior to the approval of the Zoning Ordinance which do not conform in a zone as per provision of the said Ordinance.
8.Compatible Use – uses or land activities capable of existing together harmoniously e.g. residential use and parks and playground.
9.Comprehensive Land Use Plan (CLUP) – a document embodying specific proposals for guiding, regulating growth and/or development. The main components of the Comprehensive Land Use Plan in this usage are the sectoral studies i.e. Demography, Socio-Economic, Infrastructure and Utilities, Local Administration and Land Use.
10.Conflicting Uses – uses or land activities with contrasting characteristics sited adjacent to each other e.g. residential units adjacent to industrial plants.
11.Conforming Use – a use which is in accordance with the zone classification as provided for in this Code and the Municipal Zoning Ordinance.
12.Easement – open space imposed on any land use/activities sited along waterways, road-right-of-ways, cemeteries/memorial parks and utilities.
13.Environmentally Critical Areas – refers to those areas which are environmentally sensitive and are listed in Presidential Proclamation 2146 dated December 14, 1981.
14.Environmentally Critical Projects – refers to those projects which have high potential for negative environmental impacts and are listed in Presidential Proclamation 2146 dated December 14, 1981.
15.Exception – a device which grants a property owner relief from certain provisions of the Municipal Zoning Ordinance where because of the specific use would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money.
16.Floor Area Ratio or “FAR” – is the ratio between the gross floor area of a building and the area of the lot on which it stands, determined by dividing the gross floor area of the building and the area of the lot. the gross floor area of any building should not exceed the prescribed floor area ratio (FAR) multiplied by the lot area. the far of any zone should be based on its capacity to support development in terms of the absolute level of density that the transportation and other utility networks can support.
17.Forest Zone (FZ) – an area within a municipality intended primarily for forest purposes.
18.General Commercial Zone (GCZ) – an area within the municipality for trading/services/business purposes.
19.General Institutional Zone (GIZ) – an area within the municipality principally for general types of institutional establishments, e.g. government offices, schools, hospital/clinics, academic/research, convention centers.
20.General Residential Zone (GRZ) – an area within the municipality principally for dwelling/housing purposes.
21.General Zoning Map – a duly authenticated map delineating the different zones in which the whole municipality is divided.
22.Gross Floor Area (GFA) – the GFA of a building is the total floor space within the perimeter of the permanent external building walls, occupied by:
office areas;
residential areas;
corridors;
lobbies;
mezzanine;
vertical penetrations, which shall mean stairs, fire escapes, elevator shafts, flues, pipe shafts, vertical ducts, and the like, and their enclosing walls;
rest rooms or toilets;
machine rooms and closets;
storage rooms and closets;
covered balconies and terraces;
interior walls and columns, and other interior features, but excluding:
covered areas used for parking and driveways, including vertical penetrations in parking floors where no residential or office units are present;
uncovered areas for ac cooling towers, overhead water tanks, roof decks laundry areas and cages, wading or swimming pools, whirlpools or jacuzzis, gardens, courts or plazas.
23.Heavy Industrial Zone – a subdivision of an area principally for the following types of industries:
a.highly pollutive/non-hazardous
b.highly pollutive/hazardous
c.highly pollutive/extremely hazardous
d.pollutive/extremely hazardous
e.non-pollutive/extremely hazardous
24.High Density Commercial Zone – an area within the municipality intended for regional shopping centers such as large malls and other commercial activities which are regional in scope or where market activities generate traffic and require utilities and services that extend beyond local boundaries and requires metropolitan level development planning and implementation. high rise hotels, sports stadium or sports complexes are also allowable in this zone.
25.High Density Residential Zone – a subdivision of an area principally for dwelling/housing with a density of 66 or more dwelling units per hectare.
26.Innovative Design – introduction and/or application of new/creative designs and techniques in development projects e.g. Planned Unit Development (PUD), Newtown, etc.
27.Light Industrial Zone – a subdivision of an area principally for the following types of industries:
a.non-pollutive/non-hazardous
b.non-pollutive/hazardous
28.Locational Clearance – a clearance issued to a project that is allowed under the provisions of the Municipal Zoning Ordinance as well as other standards, rules and regulations on land use.
29.Low Density Residential Zone – an area within the municipality principally for trade, services and business activities ordinarily referred to as the Central Business District.
30.Low Density Residential Zone – an area within the municipality principally for dwelling/housing purposes with a density of 20 dwelling units and below per hectare.
31.Medium Density Commercial Zone – an area within the municipality with quasi-trade business activities and service industries performing complementary/supplementary functions to principally commercial zone.
32.Medium Density Residential Zone – an area within the municipality principally for dwelling/housing purposes with a density of 21 to 65 dwelling units per hectare
33.Medium Industrial Zone – an area within a city or municipality principally for the following types of industries
a.pollutive/non-hazardous
b.pollutive/hazardous
34.Mitigating Device – a means to grant relief in complying with certain provisions of the Municipal Zoning Ordinance.
35.Non-Conforming Use – existing non-conforming uses/establishments in an area allowed to operate inspite of the non-conformity to the provisions of the Municipal Zoning Ordinance subject to certain conditions therein.
36.Parks and Recreation Zone (PRZ) – an area designed for diversion/amusements and for the maintenance of ecological balance of the community.
37.Planned Unit Development (PUD) – it is a land development scheme wherein project site is comprehensively planned as an entity via unitary site plan which permits flexibility in planning/design, building sitting, complementarity of building types and land uses, usable open spaces and the preservation of significant natural land features.
38.Rezoning – a process of introducing amendments to or a change in the text and maps of the zoning ordinance. it also includes amendment or change in view of reclassification under section 20 of RA 7160.
39.Rural Area – area outside of designated urban area.
40.Setback – the open space left between the building and lot lines.
41.Socialized Housing Zone (SHZ) – shall be used principally for socialized housing/dwelling purposes for the underprivileged and homeless as defined in RA 7279.
42.Special Institutional Zone (SIZ) – an area within the municipality principally for particular types of institutional establishments e.g. welfare homes, orphanages, home for the aged, rehabilitation and training centers, military camps/reservation/bases/training grounds, etc.
43.Tourist Zone (TZ) – are sites within the municipality endowed with natural or manmade physical attributes and resources that are conducive to recreation, leisure and other wholesome activities.
44.Urban Areas – include all barangays comprising the poblacion, central business district (CBD) and other built up areas including the urbanizable land in and adjacent to said areas and where at least more than fifty (50%) of the population are engaged in non-agricultural activities. CBD shall refer to the areas designated principally for trade, services and business purposes.
45.Urban Zoning Map – a duly authenticated map delineating the different zones into which the urban area and its expansion area are divided.
46.Urbanizable Land – area designated as suitable for urban expansion by virtue of land use studies conducted.
47.Variance – a Special Location Clearance which grants a property owner relief from certain provisions of the Municipal Zoning Ordinance where, because of the particular, physical surrounding, shape or topographical conditions of the property, compliance on height, area, setback, bulk and/or density would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money.
48.Warehouse – refers to a storage and/or depository of those in business of performing warehouse services for others, for profit.
49.Water Zone (WZ) – are bodies of water WITHIN CITIES AND MUNICIPALITIES which include rivers, streams, lakes and seas except those included in other zone classification.
50.Zone/District – an area within a city or municipality for specific land use as defined by manmade or natural boundaries.
51.Zoning Administrator/Zoning Officer – a municipal/city/government employee responsible for the implementation/enforcement of the Zoning ordinance in a community.
52.Zoning Ordinance – the Municipal Ordinance No. 1, series of 2002 of the municipality.
Section 8. AS USED IN SOLID WASTE MANAGEMENT. The technical terms used in this ordinance shall be defined as follows:
1.Agricultural Waste – refers to waste generated from planting or harvesting of crops, trimming or pruning or plants and wastes or run-off materials from farms or fields.
2.Biodegradable – any material that can be reduced into finer particles (degraded or decomposed) by microbiological organisms or enzymes (synonymous with compostable).
3.Biogas Digester – are of two kinds: the “poso negro” Taiwan type or the above-ground portable Valderia model. Biogas is a mixture of methane, carbon dioxide and traces of inert gases produced by the fermentation of animal manure and other organic wastes in an airtight digester chamber.
4.Compost – decayed organic material for use as soil conditioner or fertilizer
5.Composting – biological degradation under controlled conditions; the process of making biodegradable such as food wastes, animal waste, human waste, into compost by mixing them with soil, water, biological additives-activators (optional) and air.
6.Disposal Site – refers to a site where solid waste is finally discharge and deposited.
7.Domestic Waste – is the refuse from households, as distinguished from industrial waste, agricultural waste, hospital waste, etc. which may be classified as biodegradable (compostable) or non-biodegradable (no-compostable).
8.Enzymes – a protein produced by cells with substances to initiate or accelerate chemical reactions in plants or animal matter, acting like an organic catalyst.
9.Factory Returnable – all non-biodegradable, non-compostable such as tin cans, metals, bottle/glass including broken pieces, plastic/styrofoam/rubber/dry paper/dry cardboard/dry cloth/fibers/leather/feather/hard shells/hard bones, etc. which are segregated in separate containers or placed in one sack (cans, bottles, containers already rinsed) and are sold/given away to collectors.
10.Feed Materials – all food waste, peelings, veggie trims, fish entrails, fowl innards, spoiled fruits, leftovers, egg shells, rice/fish/meat washing, etc. that should be collected and kept in covered containers, hog/chicken/duck/ pets/fish feeds.
11.Fermentable – fruit peelings, spoiled or over-ripe fruits, juicers, e.g. buko juice, etc. are made into vinegar, wine or “nata de coco,” “nata de piña”, etc.
12.Fertilizer Materials – all compostable or biodegradable such as garden waste (manure, carcases), human waste (feces, urine, blood, all excreta, soiled wipes, pads, diapers (remove plastic portions), etc. are made into compost for organic gardening.
13.Filling Materials – if efforts are exerted to find, not only the maximum but also the optimum use of waste, hardly any will be left as filling material. Such materials may be compacted, mixed with rice chaff and “binder” and use for appropriate construction projects.
14.Fine Crafts – many of the non-biodegradable could be used as materials for handicrafts, cottage industries, art works, toys, and other livelihood projects such as paper mache, paper basketry, tin craft, metal craft, plastic twine or rope braids, feather crafts, wooden crafts, even “lahar” craft. Styrofoam melted in small amount of gasoline solvent provides cheap glue or “binder” for many of the projects.
15.Food Material – includes certain kinds of seeds, pulp, peelings that are made into pickles, “sweet” or candies or snacks.
16.Functional Facilities/Equipment – useful equipment/facilities devised or created from discards, throwaways, junks, scraps e.g. chairs, tables, doormats, play equipment from rubber tires, roofing from milk cans, flower pots, “planters” from plastic bags, sacks, containers, etc.
17.Generation – refers to the act or process of producing solid waste
18.Green Charcoal – another form of fuel or grass charcoal, manufactured from compostable, organic, cellulotic material with the use of enzymes to break down the lining or binding material, after which it is molded and dried then used in charcoal fed sloves.
19.Hazardous Waste – special types of waste containing chemical, biological and radiological elements, which are harmful to human health.
20.Hog/Swine – refers to a pig after weaning age.
21.Landfill Leachate – the downward scooping of water through the landfill carrying with it the dissolved water-soluble contents of the waste, which may be collected by the underground drainage of water system.
22.Lime Treatment – refers to the application of lime to waste materials.
23.Open Garbage Dump – refers to a disposal area wherein the solid wastes are indiscriminately thrown or disposed of without due planning and consideration for environmental and health standards.
24.Putrescible – a substance that decomposes at a certain temperature in contact with air and moisture, generally contains nitrogen.
25.Receptacle – refers to individual containers used for the source separation and the collection of recyclable materials.
26.Recycling – the reuse, retrieval, decommission of elements/matter for any all purposes necessary to healthful and productive living’ the process by which wastes materials are transformed into new products in such a manner that the original products may loss their identity.
27.Low Density Residential Zone (R-1) – an area within a city or municipality principally for dwelling/housing purposes with a density of 20 dwelling units and below per hectare.
28.Medium Density Residential Zone (R-2) – an area within a city or municipality principally for dwelling/housing purposes with a density of 21 to 65 dwelling units per hectare.
29.High Density Residential Zone (R-3) – a subdivision of an area principally for dwelling/housing purposes with a density of 66 or more dwelling units per hectare.
30.Resource Recovery – the extraction of materials or energy from wastes.
31.Solid Waste – this includes thrown away, such as garbage, rubbish, trash, litter, junk, and refuse from any source (homes, businesses, farms, industries or institutions); this is a discarded materials with insufficient liquid content to flow. Examples are those non-liquid waste resulting from the domestic, commercial, agricultural and industrial activities which can be divided into several components under two broad categories:
-Biodegradable-compostable-putrescible. There are four (4) groups of waste under this category such as: (a) food (cooking) waste/kitchen waste: peelings, leftovers, vegetable trims, fish/fowl/meat/animal entrails/innards/cleanings, soft shells, seeds, etc.; (b) agricultural (garden) waste: leaves/flowers, twigs branches, stems, roots, trimmings, weeds, seeds/inedible fruits, etc.; (c) animal waste, manure/urine, carcasses, etc.; and (d) human waste: excreta, soiled pads, sanitary napkins, etc.
-Non-biodegradable-compostable-putrescible. There are ten (10) groups of waste under this category such as: (a) metals: tin cans, aluminum, iron, lead, copper, silver, etc.; (b) glasses: bottles, cullets (broken glass), sheets (shards), mirror, bulbs, etc.; (c) plastics: polyethylene (bags), polypropylene (straws/jule sacks/containers, polyurethane (foam, mattresses), polystyrene (styrofoam), polyvinyl (tubes, pipes, linoleum), polyacetate (fibers, cloth, rayon), etc.; (d) rubber (natural and synthetic): tires, goods, etc.: (e) papers: dry papers, cardboards, etc., (f) dry processed fibers” cloth, twine, etc.,; (g) dry leathers; skin, feathers, etc.; (h)hard shells; (i) bones; and (j) rocks.
32.Solid Waste Management – the purposeful, systematic control of the generation, storage, collection transport, separation, processing, recycling, recovery and final disposal of solid waste.
33.Sorting at Source – the segregation or separation of waste at the point of generation or at the very place where they are produced into biodegradable and non-biodegradable.
34.Recycling of Domestic Waste – the full utilization of domestic waste into factory returnable (around 50-60%), feed (about 20%), fertilizer (about 30%, fuels, fine crafts, fermentable, etc. with little left for filling material. (Proportions vary with the kind of community, the more affluent the more factory returnable). This includes both man devised and nature designated recycling schemes.
35.Zero Waste Resource Management System – is an ecological method of handling waste that does not degrade the environment not pollute air, water, and soil, and facilitates their sanitary retrieval, reuse or recycling.
Section 9. Coastal Resources Management. As used in this Code, the following terms are operationally and/or conceptually defined:
a.Aquaculture – fishery operations involving in all forms of raising and culturing fish and fishery species in freshwater water, brackish and marine water areas.
b.Aquatic / Coastal Pollution – the introduction of substances by human or machine , directly or indirectly, to the coastal environment which result or likely to result in such deleterious effects as to harm living and non-living fishery and coastal resources; pose potential and/or real hazard to human health; hindrance to coastal activities such as fishing and navigation, including dumping/disposal of waste and other marine litter; discharge of petroleum or residual products of petroleum, and other radioactive noxious or harmful liquid, gaseous or solid substances, from any water, land or other human-made structures. Deforestation, unsound agricultural practices such as the use of banned chemicals and excessive use of chemicals, intensive use of artificial fish feed, and wetland conversion, which cause similar hazard and deleterious effectsconversion, which causes similar hazard and deleterious effects, shall also constitute aquatic or coastal pollution .pollution.
c.Closed season – the period during which the taking of specified fishery species by a specifieda specified fishing gear is prohibited in a specified area or areas in the municipal waters.
d.Coastal Area / Zone – is a band of dry land and adjacent ocean space ( water and submerge land ) in which terrestrial processes and uses directly after oceanic processes and uses, and vice-versa; its geographic extent may include areas within a landmark limits of one (1) Kilometer from the shoreline to high tide to include mangrove swamps, brackish water ponds, nipa swamps, estuarine river, sandy beaches and other areas within seaward limit of 200 meters isobath toinclude coral reefs, algal flats, sea grass beds and other soft bottom areas.
e.Commercial Fishing – the taking of fishery species by passive or active gear for trade, businessare profit beyond subsistence or sport fishing, to be further classified as:
Small-scale commercial fishing – fishing with passive or active gear utilizing fishing vessels of 3.1 gross tons (GT) up to 20 GT;
Medium-scale commercial fishing – fishing with passive or active gear utilizing fishing vessels of 20.1 gross tons (GT) up to 150 GT; and
Large-scale commercial fishing – fishing with passive or active gear utilizing fishing vessels of more than 150 (GT).
f.Coral – marine animals, anthozoan and cnidarian coelenterates, consisting of polyps and the rigid skeletal structure they produce. The living animal with its skeleton and the skeleton alone are both referred to as coral. Included are members of the genus Corallium, characterized by a rigid access of compact calcareous or horny specules and represented by red, pink and white corals which are considered precious corals; the Antipatharians, characterized by a thorny, hornyaxis and represented by the black coral which are considered semi-precious corals, and ordinary corals which are neither precious or semi –precious and usually characterized by calcareous skeleton.
g.Coral Reef – geological features built by natural classification and other deposits from coralsand calcareous algae.
h.Department – shall mean Department of Agriculture.
i.FARMC – shall mean Fisheries and Aquatic Resources Management Council.
j.Fine-Meshed Nets – all net-webbing whether made of natural fibers, synthetic or any other materials used in fishing, with a mesh size of less than three (3) centimeters measured.
k.Fish Cage – any method of culturing fin fish in a fish enclosure which is either stationary or floating made up of nettings or screen sewn or fastened together and installed in the water with opening at the surface and held in place by wooden posts or various anchors and floats.
l.Fish Corral – a stationary wire or trap devised to intercept and capture fish consisting of rows of bamboo sticks, plastic nets and other materials fenced with split bamboo mattings or wire mattings with one or more enclosures, usually with easy entrance but difficult exit, and with and without leaders to direct the fish to the catching chambers, purse or bags.
m. Fish pen – refers to fish enclosures made of closely-woven bamboo screens, nylon screens or nets, or other materials attached to poles staked to the water bottom for the purpose of growing and /or culture of fish to various sizes in both fresh and brackish waters.
n.Fisheries – refers to all activities relating to the act or business of fishing, culturing, preserving, processing, marketing, developing, conserving and managing fishery resources.
o.Fishery License – a document that qualify a person/cooperative/partnership/corporation toengage in any fishery activities in the municipal waters.
p.Fishers – people directly, or personally, and physically engage in taking and/or culturing and processing fishery/coastal/marine resources.
q.Fishers Organization – an accredited organized group, association, federation, alliance or institution of fishers which has at least 15 members, a set of officers, a constitution and by-laws, and having an organizational structure and programs of action.
r.Fishery and Marine Resources – include not only finfish but also mollusk, crustaceans, echinoderms, marine mammals, and all other products derived from aquatic resources in any form.
s.Fishing – the taking of fishery species from the wild state or habitat, with or without the use of fishing vessels.
t.Fishing Gear – any instrument or device and its accessories utilized in taking fish and other fishery species. It ca be either of the following:
Active Fishing Gear – fishing gear characterized by active movement and/or pursuit of the target species by towing, lifting, and pursuing the gears surrounding, covering, dredging, pumping and scaring the target species to impoundment or encirclements, such as but not limited, to trawl, purse seines, Danish seines, bag nets, push nets, cast nets, harvesting machines, beach seines, pa-aling, drift gill net and tuna long line.
Passive Fishing Gear – is characterized by the absence of gear movement and/or the pursuit of the target species such as, but not limited to, hook and line, fish pots, traps and gill nets across the path of the fish.
u.Fishing Vessel – any vessel, boat, ship or other watercraft equipped to be used for taking of fishery species or aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing, including but not limited to the preservation, supply, storage, refrigeration, transportation and processing.
v.Gratuitous Permit – a permit issued to marginal and subsistence municipal fishers free of any charges.
w.Mangroves – a community of inter tidal plants including all species of trees, shrubs, vines and herbs on coasts, swamps, or border of swamps.
x.Monitoring – for monitoring fisheries, this may include long -term observation of : 1.) fishing effort which can be expressed by the number of days or hours of fishing, number of fishing gears and number of fishers; 2.) characteristics of fishery resources ; and 3.) resource yields or catch.
y.Municipal fishers – persons who are engaged in municipal fishing and are/or fishing within the municipal waters.
z.Municipal fishing – refers to fishing using fishing vessels of three(3) gross tons or less or fishing not requiring the use of fishing vessels within the (15 ) kilometers distance from the shoreline.
aa. Municipal Government – refers to the municipal government of Miagao.
bb. Municipal Waters – include not only streams, lakes, inland bodies of water and tidal waters within the municipality which are not subject of private ownership and not included within the national parks, brackish water fishpond leased by the government, and national fishery reserves, refuge and sanctuaries but also marine waters included between two lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality touch the sea at low tide and a third line parallel with the general coastline including offshore islands and fifteen kilometers from such coastline. Where two municipalities are so situated on opposite shores such that there is less than thirty kilometers of marine waters between them, the third line shall be a line equidistant from the opposite shores of the respective municipalities.
cc. Non-Government Organization (NGO) – refers to an agency, institution, a foundation or a group of persons whose purpose is to assist people’s organization/ association in various ways including but not limited to organizing, education, training, research and /or resource accessing.
dd. Over-fished Area- an area within the municipal waters which cannot sustain the fisheries. It can be due to any of the following types of over fishing:
(i)too much harvesting in such a way that the mean sized of fish captured is sub-optimal for providing effective yields from a fishery;
(ii)intense fishing pressure by which the process of fishery restocking through reproduction and resettlement is impaired;
(iii)shift in community structure from a fishery dominated by valuable species to one dominated by species of less economic value or utility; and
(iv)when resource users faced with declining catches and lacking any other alternative, initiate wholesale resource destruction in their effort to maintain their incomes.
ee. People’s Organization – a bonafide and duly accredited association of citizens with demonstrated capacity to promote the public interest and with identifiable leadership membership and structure. Its members belong to a sector/s in the community who voluntarily band themselves together to work for their own upliftment, development and greater good.
ff.Permit – documents issued to license holders before engaging in fishing using particular gear and/ or boat or engage in any fisheries activities within the municipality.
gg. Persons – natural or juridical entities such as individuals, associations, partnership, cooperatives or corporations.
hh. RA 8550 – Republic Act no. 8550, otherwise known as the Philippine Fisheries Code of 1998. It is the national law that governs the management and conservation of the fisheries resources of the country.
ii.Sanctuary – a designated area within the municipal waters where fishing and other human activities are prohibited.
Monitoring Control and Surveillance –
a.monitoring – the requirement of continuously observed:
1.fishing effort which can be expressed by the number of days or hours of fishing, number of fishing gears and number of fish folks
2.characteristic of fishery resources
3.resource yields (catch)
b.control – the regulatory conditions (legal framework under which the
exploitation, utilization and disposition of the resources maybe conducted.
c.surveillance – the type and degree of observation required to maintain compliance with regulation.
Section 10. As used in Air Quality Management. The following terms are operationally/or conceptually defined:
1.Air Pollutant – Any water found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the insert gasses in their natural or normal concentrations and includes, smokes, dust, soot, ciders, fly ash, solid particles of any kind, gasses, fumes, mists, odors, and radio active substances.
2.Airborne Dusk or Dust – Minute solid particles release into or carried into the atmosphere by natural forces of by any fuel burning, combustion, or process equipment of devise, or by construction works, or by mechanical or industrial process.
3.Ambient Air Quality – The average atmospheric purity as distinguished from discharged measurements taken at the source of pollution. It is the general amount of pollution present in a board area.
4.Emission – The act of passing into the atmosphere an air contaminant, pollutant, gas steam and unwanted sound from a known source.
5.Effluent Standard – Restriction established to limit levels of concentration, physical, chemical and biological constituents, which are discharged from point source.
6.Fuel-Burning Equipment – Any equipment, device or contrivance, and all appurtenances thereto, including ducts, breeching, fuel feeding equipment, controls, stacks, and chimneys, used primary, not exclusively, to burn any fuel for the purpose of direct applications or direct heating such as the production of hot air and hot water.
7.Fugitive Particulate – The particulate matter which escapes and become airborne from unclosed industrial operation, or that which escape from incompletely or partially enclosed operation into the outside atmosphere without passing or being conducted through a flue pipe stack or other structure.
8.Greenhouse Effect ¬– A warming near the earth’s surface that result when the earth’s atmosphere traps the sun’s heat. The greenhouse effects receive its name because the earth’s atmosphere acts much like the glass or plastic roof and walls of a greenhouse. The earth’s atmosphere allows most of the sunlight that reaches it to pass through and heat the earth’s surface. The earth sends the heat energy back into the atmosphere as infrared radiation. Much of this radiation does not pass freely into space because certain gasses in the atmosphere absorb in. These gasses include carbon dioxide, ozone and water vapor. They grow warm and send infrared radiation back toward the earth, adding to the surface.
9.Particulates or Suspended Particulates – Any material other than uncombined water, which exist in a finely form as liquid or solid.
10.Smoke – Gas-borne particulates resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon, ashes or other combustion materials.
11.Standard or Limit. The concentration of any air contaminant which, in order to protect the public health and welfare, shall be exceeded at a particular region or zone, at a specified period of time. Standard are enforceable and must complied with by the owner or person in charge of an industrial operation process or trade.
12.Volatile Organic Compound – Any compound containing carbon and hydrogen in combination with any other element which has an absolute vapor pressure of 0.10 kg./cm2 equivalent to 77.6 mm. Hg. Or greater under actual storage conditions. Organic solvent include diluents and thinners are defined as chemical compound of carbon which are liquids at standard conditions and which are used as dissolvers, viscosity, reducers or cleaning agents.