[ MANILA CITY ORDINANCE NO. 8491, May 17, 2016 ]

REGULAR SESSION NO. 197
9th CITY COUNCIL

Begun and held in the City Council on Thursday,
the twenty-eight day of May, Two Thousand Sixteen

AN ORDINANCE ESTABLISHING SEPTAGE MANAGEMENT SYSTEM IN THE CITY OF MANILA




ADMINISTRATIVE MEASURE

PRINCIPAL AUTHORS:

HON. JOHN MARVIN "Yul Servo" NIETO
Acting Majority Floor Leader

and

HON. MARLON M. LACSON
Majority Floor Leader


Be it ordained by the City Council of Manila, in session assembled, THAT:

SECTION 1. Title. - This Ordinance shall be known as the "Ordinance establishing a Septage Management System in the City of Manila".

SECTION 2. Declaration of Policy.- It shall be the policy of the City og Manila to share in the responsibility of management and improvement of water quality within its territorial jurisdiction.  To meet these objectives, the City shall implement measures to prevent and control water pollution to promote public health.

SECTION 3. Sewerage and Septage Management Principles.- Towards this end, the City of Manila shall abide by the following sewerage and septage management principles.
  1. All buildings and structures whether residential, commercial, industrial establishments and government offices or institutions shall be required to have proper sewage treatment or septage management system.  Untreated excreta from residential areas without septic tanks and untreated wastewater from industrial and public establishments shall not be allowed to be discharge to open drainage canals or piped drainage systems; and

  2. No wastewater shall be discharged to the environment without any proper treatment.
SECTION 4. Defition of Terms.- As used in this Ordinance, the following terms shall be defined as follows"
  1. Desludging - refers to a procss of cleaning or removing the accumulated domestic sludge or septage.

  2. Domestic Sludge. - refers to a solid particle of domestic sewage which settles at the bottom of the sedimentation tank and is digested by anaerobic bacteria purely from domestic sources.

  3. DENR. - refers to the Department of Environment and Natural Resources.

  4. DOH. - refers to the Department of Health.

  5. EMB. - refers to the Environmental Management Bureau.

  6. Septage. - refers to a combination of scum, sludge and liquid from houshold septic tanks.

  7. Hyglenic 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.

  8. Septic Tank. - refers to a waterlight receptable, which receives the discharges of a sanitary plumbing 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 family facility in accordance with the standards set forth by the Revised National Plumbing Code of the Philippines.

  9. Septage Treatment Plant. - refers to a series of structures purely for the process of treating sepatage (from septic tanks) in order to comply with DENR effluent standards.

  10. Sewage. - refers to any wastewater containing human, animal or vegetable waster matter in suspension or solution including human excreta and urine and may possibly contain liquids consisting or chemicals in solution.

  11. Sewer. - refers to an artificial pipe or conduit for carrying sewage and wastewater.

  12. MWSS. - refers to Manila Water and Sewerage System.

  13. Wastewater Treatment Plant. - refers to a series of structure that will provess 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 and pre-treating it.
SECTION 5. Sewage Disposal System. - All residential, commercial, industrial establishments and government institution, both old new ones, in the City of Manila are required to have a proper sewage disposal system such as spectic tank for residences and sewage treatment facility for public or commercial establishments and government institutions.
  1. Existing Facilities. - All residential, houses and buildings must have a hygenic septic tank, as defined in Section 4 (g) above, that is complaint 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-DENR and DOH.

  2. 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 and wastewater treatment facility conforms to the specifications as provided by the 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 to the Pre-treatment standards set by DENR.

    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 maintanance of shared septic tanks shall require approval process by the Building Official of the City.
SECTION 6. Mandatory Deludging of Septic Tanks. - All owners and users of septic tanks shall be required to desludge 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 comers earlier.

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 be done by Sanitary Inspector or barangay officials duly authorized by Building Official and/or representative of the MWSS or 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 stormwater/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 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 an Environmental Sanitation Clearance (ESC) as part of the requirements for issuance of building permits and annual business permits from the City of Manila.

SECTION 10. Institutional Arrangements. - The City Environment and Natural Resource Office (CENRO) or any office as authorized by the 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 Official in inspecting facilities to ensure complaince with the law as to wastewater treatment facilities and/or septic tanks.
  b) Database - Together with the City Planning and Development Office, it will keep a robust database of all owners/administration 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) Santitary 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 Septage Tanks - Assist Barangay officials in opening septic tanks during inspection in coordination with the sanitary Inspectors of the city.
  f) Enforcement - Assist in the enforcement of sewer connections/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 public to address problems on water pollution control, sewerage and sanitation.

SECTION 11. Desludging Fees. - Residential buildings and premises shall have their septage desludged and treated once every five (5) years for free by the water concessionaries in Metro Manila.  All residential and commercial/institutional building or structure owners shall pay an amount of 10% of Basic Water Consumption for the desludging of their septic tanks and treatment of the septage in excess of that contained in the concessionare's contract.  Further, the City of Manila may raise funds to subsidize necessary expenses for the operation and maintenance of sewerage treatment or septage facility servicing their area of jurisdiction through local property taxes and enforcement of a service fee system.

SECTION 12. Mandatory Connection of Facilities to Sewer Lines. - Building or premises producing sewage shall connect to the sewer main lines in all areas where it exists.

The city shall assist the Maynilad (concessionaire) to connect the existing sewage line found in all subdivision, condominiums, commercial centers, hotels, sports, and recreational facilities, hospitals, market places, public buildings, industrial complex and other similar establishments including households to available sewerage systems. PROVIDED, that the said connection shall be subject to sewerage services change/fees in accordance with existing laws, rules or regulations unless the sources had already utilized their own sewerage system.

SECTION 13. Maintance of Drainage.
The City shall maintain its drainage system in a sanitary state and in good repair.

SECTION 14. Prohibited Acts. - The following acts are prohibited:
  1. Littering, throwing, dumping of waste matters in public places such as road, sidewalk, 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 it sewage lines to available lines.
SECTION 15. Penalties. - Any owner of a non-complying residence or establishment who falls to comply with the provisions of this Ordinance within one (1) year from the date of its effectivity shall be liable to pay the following fine for every violation thereof as follows:

SECTION 16. Funding. - The City Government shall allocate the necessary funds to support the implementation of this Ordinance.

SECTION 17. Separibility. - If for any reason, any part or provision of this Ordinance shall be held unconstitutional or invalid, the other parts or provisions not otherwise affective shall remain in full force and effect.

SECTION 18. Repealing Clause. - All ordinance or provisions of previous ordinances that are inconsistent with this Ordinance are hereby repealed.

SEC. 19. Effectivity Clause. - This Ordinance shall take effect upon its approval.

This Ordinance was finally enacted by the City Council of Manila on March 17, 2016.

  PRESIDED BY:
   
  (Sgd.) ROLANDO M. VALERIANO
Acting Presiding Officer
City Council, Manila
   
ATTESTED:  
   
(Sgd.) LUCH R. GEMPIS, JR.
City Government Department Head III
(Secretary to the City Council)
 

APPROVED BY HIS HONOR, THE MAYOR, ON May 17, 2016.

  (Sgd.) JOSEPH EJERCITO ESTRADA
Mayor
City of Manila
   
ATTESTED:  
   
(Sgd.) EDWARD S. SERAPIO
City Government Department Head III
(Secretary to the Mayor)