15th City Council

6th Regular Session

Series of 2010
Republika ng Pilipinas
SANGGUNIANG PANGLUNGSOD
Lungsod ng Dabaw

PRESENT:

Councilor Ma.Belen S. Acosta - Acting Vice Mayor

Councilor Nilo G. Abellera
Councilor Victorio S. Advincula Sr.
Councilor Wilberto E. Al-ag
Councilor Dante L. Apostol Sr.
Councilor Leonardo R. Avila III
Councilor Conrado C. Baluran
Councilor Samuel B. Bangoy
Councilor Louie John J. Bonguyan
Councilor Pilar C. Braga
Councilor Arnolfo Ricardo B. Cabling
Councilor Danilo C. Dayanghirang
Councilor Paolo Z. Duterte
Councilor Edgar R. Ibuyan
Councilor Peter T. Laviña
Councilor Diosdado Angelo A. Mahipus Sr.
Councilor BonifacioE. Militar
Councilor Tomas J. Monteverde IV
Councilor Myrna G. L’Dalodo-Ortiz
Councilor Susan Isabel C. Reta
Councilor Angela A. Librado-Trinidad
Councilor Jose Louie P. Villafuerte

ABSENT:

Vice- Mayor Sara Z. Duterte - On Leave

Councilor Karlo S. Bello - On Domestic Emergency Leave
Councilor Teresita C. Mata-Marañon - On Domestic Emergency Leave
Councilor Halila Y. Sudagar - On Domestic Emergency Leave
Councilor Rachel P. Zozobrado - On Sick Leave

ORDINANCE NO. 0363-10/2849-10

Series of 2010

TO ENACT AN ORDINANCE ESTABLISHING

A SEPTAGE AND SEWERAGE MANAGEMENT PROGRAM
IN DAVAO CITY

Be it ordained by the Sangguniang Panlungsod of Davao City in session assembled that:

ARTICLE I
GENERAL PROVISIONS

Section 1. Title. This Ordinance shall be known as “Septage and Sewerage Management
Ordinance of Davao City.”

Section 2. Declaration of Policies. It is hereby declared the policy of the City to adopt and
implement a comprehensive and integrated septage and sewerage management program which
shall:
 (a) Ensure the protection of public health and the environment;
(b) Reduce if not eliminate the prevalence of waterborne and excreta-related diseases and
pollution in bodies of water;
(c) Encourage water conservation and recovery;
(d) Utilize environmentally-sound methods to ensure the proper collection, transport,
storage, treatment and disposal of septage through the formulation and adoption of best
environmental practices;
(e) Promote research and development programs to adopt an effective institutional
arrangement and improved indigenous methods of treating and recycling water and
other liquid wastes;
(f) Encourage greater public-private partnership;
(g) Encourage the integration of septage and sewerage management and water resource
conservation and recovery topics into the academic curricula of formal and non-formal
education; and
(h) Promote environmental awareness and action among the citizenry through information,
education and communication campaign.

Section 3. Authority. This ordinance is enacted to supplement the provisions and

specifications of existing laws and ordinances related to septage and sewerage management and
complement existing laws on clean water, and building and plumbing regulations.

ARTICLE II
SCOPE

Section 4. Scope. This ordinance shall apply to all proposed, planned or existing
structures whether public or private, residential, commercial, institutional or industrial.

ARTICLE III
DEFINITION OF TERMS

Section 5. Definition of Terms. The words and phrases used in this Ordinance shall
mean as follows:

a) Anaerobic ponds are deep stabilization ponds used to treat high-strength organic
wastewater that also contains high concentration of solids. Anaerobic treatment does
not require the presence and use of oxygen and encourages the growth of bacteria,
which breaks down the waste material, releasing methane and carbon dioxide;

b) Baffle is a wall or screen to deflect, check or regulate the flow of sewage and septage.
It promotes preliminary and primary treatment of the incoming sewage by allowing
the physical separation of solid and liquid components in the sewage;

c) Biosolids is the by-product of the treatment of domestic wastewater in a domestic

wastewater treatment plant. Biosolids consist primarily of dead microbes and other
organic matter and can be used as organic fertilizer or soil amendments. Untreated
septage or treated sludge with high concentrations of pathogens, metals, or other
pollutants are not considered biosolids and should not be applied to soils;

d) CENRO shall refer to the City Environment and Natural Resources Office;

e) Chamber is an enclosed space, cavity or compartment of a septic tank;

f) City shall refer to the City Government of Davao;

g) Communal Septic Tank is an excreta disposal system serving a group of dwelling

units;

h) DENR-EMB shall refer to the Department of Environment and Natural Resources –

Environmental Management Bureau

Septage and Sewerage Ordinance No. 0363-10 Page 2 of 12

i) DCWD shall refer to Davao City Water District.

j) Desludging is the process of removing the accumulated sludge or septage from the
septic tank or wastewater treatment facility;

k) Digestion is a microbiological process that converts chemically complex organic

sludge to methane, carbon dioxide, and inoffensive humus like material;

l) Destination is the place or the facility where the septage/sludge is treated or

disposed of, such as the treatment facility, sanitary landfill, or land application site;

m) Domestic Sewage is the wastewater composed of untreated human waste coming

from residential and commercial sources. Domestic sewage does not include industrial
and/or hazardous wastes;

n) Effluent is a general term denoting any wastewater, partially or completely treated, or

in its natural state, flowing out of a drainage canal, septic tank, building,
manufacturing plant, industrial plant, treatment plant, and other similar structures;

o) Environmental Sanitation Clearance (ESC) is the clearance issued by the Secretary

of Health, or the duly authorized representative, allowing the collection, handling,
transport, treatment, and disposal of domestic sludge or septage;

p) Excreta is human waste composed of urine and feces;

q) Helminthes are parasitic worm-like organisms that live and feed off living hosts and
produce eggs that persist in wastewater effluent and septage sludge unless properly
treated;

r) Facultative Ponds are shallow rectangular ponds that stabilize wastes using a
combination of anaerobic, aerobic, and facultative (aerobic-anaerobic) processes;

s) Freeboard or Airspace of a Septic Tank is the distance as measured from the

maximum liquid level line to the underside of the septic tank slab or cover;

t) Individual Septic Tank is an excreta disposal system serving a dwelling unit;

u) Grease Traps are plumbing devices designed to intercept most greases and solids
before they enter a wastewater disposal system;

v) Maturation ponds are low-rate stabilization ponds that are designed to provide for
secondary effluent polishing and seasonal nitrification;

w) Mobile Service Provider is a public or private entity, operator or water utility that
provides desludging services and transports the septage to treatment and disposal
facilities;

x) Oil-Water Separator is a device designed to separate gross amounts of oil and

suspended solids from the wastewater effluents;

y) Pollution Control Officer (PCO) is an officer of a private company, LGU, or any entity
within the scope of this Ordinance, who provides linkages between the company and
the Environmental Management Bureau (EMB) of the Department of Environment and
Natural Resources (DENR). This officer possesses the qualifications of a PCO and is
duly accredited by DENR;

z) Project Description is a section of the ESC that contains information on the

operational process, environmental sanitation measures, and site. It should provide
sufficient details for the regulatory agency to review;

aa) Project Proponent is the service provider applying for the ESC;

Septage and Sewerage Ordinance No. 0363-10 Page 3 of 12

 bb) “P” traps are traps used on plumbing fixtures, such as toilets and drains, to prevent
sewage gases from entering the plumbing system or the atmosphere;

cc) Scum is the lighter fraction of sewage composed of fats, oils, and grease that floats;

dd) Septage is the combination of scum, sludge, and liquid that accumulates in septic
tanks(copy from clean water act;

ee) Septage Treatment Facility is a facility which receives septage or the liquid sludge
periodically removed from individual septic tanks, and thereafter separates the solids
from the liquids, treats the liquids and solids, and presses the solids into a sludge
"cake" that is transported for disposal;

ff) Septic Tank is a watertight, multi-chambered receptacle that receives sewage from
houses or other buildings and is designed to separate and store the solids and partially
digest the organic matter in the sewage;

gg) Service Provider is a public or private entity, operator or water utility that is engaged
in the collection, desludging, handling, transporting, treating, and disposing of sludge
and septage from septic tanks, cesspools, Imhoff tanks, portalets, sewage treatment
plants;

hh) Sewage is mainly liquid waste containing some solids produced by humans, which
typically consists of washing water, feces, urine, laundry wastes, and other material
that flows down drains and toilets from households and other buildings;

ii) Sewage works is a comprehensive term for pumping, treating and final disposal of
effluent via a centralized treatment plant;

jj) Sewer is a pipe or conduit for carrying sewage and wastewater;

kk) Sewerage is a system of sewers that conveys wastewater to a treatment plant or

disposal point. It includes all infrastructure for collecting, transporting, and pumping
sewage;

ll) Sludge is a precipitated solid matter with a highly mineralized content produced by
domestic wastewater treatment processes;

mm) Stabilization is the process of treating septage or sludge to reduce pathogen densities
and vector attraction to produce an organic material that may be applied to the land as
a soils conditioner;

nn) Stabilization pond is an artificial pond designed to treat wastewater in general using
solely naturally occurring biological treatment processes, and without the need for an
electromechanical energy input;

oo) Stationary Service Provider is a public or private entity, operator or water utility that
provides treatment and/or disposal of sludge and septage at a fixed location.

ARTICLE IV
CONSTRUCTION REQUIREMENTS AND GENERAL DESIGN
OF SEPTIC TANKS

Section 6. Buildings or Structures Proposed for Construction. All building plans for
residential, commercial and industrial, including those for apartelles and condominiums, before
it is approved by the City Engineer’s Office (CEO), shall conform to the design of the sanitary
plumbing and septic tank specifications set herein and by other pertinent regulations.

Section 7. Specifications. All septic tanks shall be designed and constructed in

accordance with the provisions of the Revised National Plumbing Code of the Philippines

Septage and Sewerage Ordinance No. 0363-10 Page 4 of 12

specifically section 14 of its Implementing Rules and Regulations, the National Building Code and
the Code of Sanitation and the following specifications:

a) It shall be designed to produce an effluent consistent with approved engineering and

environmental standards.

b) It shall be built of solid durable materials and shall be watertight. Materials shall
conform to applicable Philippine material standards.

c) It shall not be constructed under any building and not within twenty–five (25) meters
from any existing source of water supply.

d) It shall be divided into three compartments; the volume of the first compartment shall be
between one-half to two-thirds of the total tank volume.

e) Where more than one tank is used to accommodate the required liquid volume in a given
minimum retention time of 2 days, the tanks shall be conjoined. The first tank shall be
equal to or larger than any subsequent tank in the series.

f) Baffles or similar devices shall be installed at each inlet and outlet of the tank and at each
compartment. Materials shall conform to approved applicable standards. It must be
integrally cast with the tank, affixed with a permanent waterproofing material, or
attached at the top and bottom with connectors that are not subject to corrosion or
decay. Sanitary tees used on baffles shall have a minimum diameter of 100 mm (4
inches).

g) The baffles between compartments shall extend at least 200 mm above the maximum
liquid surface or all the way to the underside of the top cover.

h) The centerline of the inlet pipe shall be at least 50 mm above the centerline of the outlet
pipe. Both inlet and outlet pipes shall be similar in diameter with each other and shall
have a minimum diameter of 100 mm.

i) Adequate venting shall be provided in each compartment with the use of ventilating
pipes not less than 50 mm in diameter. For buildings where plumbing fixtures have
appropriate “p” traps, venting should occur through the plumbing stack in the building,
not from the septic tank. For buildings where toilets and sinks are not protected with “p”
traps, traps should be installed, or vent directly from the septic tank.

j) As an access to the septic tank, there shall be at least one maintenance hole for each
compartment, with a minimum side dimension of 500 mm. All maintenance holes shall
extend through the tank cover and shall extend to finished grade. Manhole covers shall
be designed with durable and fully coated or non-corrosive handles for easy lifting.
Septic tank access covers should be secured from unauthorized entry, either through
safety screws, locks or a tank lid that weighs 15 kg or more.

k) The design, construction, and location of structures receiving effluent from septic tanks
shall conform to the National Plumbing Code of the Philippines. Effluent treatment is
further required but will be covered by a separate ordinance and other infrastructure
projects.

l) For clustered structures or houses that are highly dense and characterized by lack of or
inadequate land space, there shall be designed a communal septic tank consistent with
approved engineering and environmental standards.

Section 8. Pre-fabricated tanks. All pre-fabricated septic tanks should comply with the
specifications set under the provisions of this Ordinance.

Section 9. Existing Septic Tanks. Existing septic tanks shall be repaired or upgraded in
order to comply with the specifications set under Section 7.

Septage and Sewerage Ordinance No. 0363-10 Page 5 of 12

 Existing septic tanks which cannot be repaired or upgraded shall be desluged completely
and within one (1) year from the effectivity of this Ordinance, their owners should construct
new septic tanks in accordance with the specifications set in Section 8 of this Ordinance.

Section 10. Communal Septic Tanks. In residential areas where individual lot area is
less than fifty (50) square meters or where the area is characterized by inadequate land space, a
communal or individual septic tank is required to be constructed.

The design and the manifest of ownership and joint maintenance of communal septic
tanks shall be borne by the owners or users as determined under the Implementing Rules and
Regulations of this Ordinance.

ARTICLE V
CONSTRUCTION OF COMMUNAL TOILETS AND/OR
SEPTIC TANKS BY THE CITY GOVERNMENT OF DAVAO

Section 11. Construction of Communal Toilets and/or Septic. The City, through the
barangay local government unit in the area, shall construct Communal Toilets and/or Septic
Tanks in areas where there are informal settlers who cannot afford to build one. The
maintenance of aforestated toilets and/or septic tanks which shall be administered by the said
barangay and borne by the users.

The cost of construction shall be borne by the City through its annual appropriation for
the implementation of this Ordinance and may, thereafter, be charged to the users. Payment
hereof may either be in the form of installment or through user fees, the procedure of which will
be provided under the Implementing Rules and Regulations of this Ordinance.

Section 12. Construction of Septic Tanks after the Compliance Period. The City may
construct a septic tank for property owners who do not have one or repair those which do not
comply with the required specifications set forth herein. It shall be constructed after the lapse of
compliance period specified under Section 27(d). The cost of construction and penalty shall be
borne by the said property owners. Payment hereof will be in the form of installment or through
user fees, the procedure of which will be provided under the Implementing Rules and
Regulations of this Ordinance.

ARTICLE VI
DUTY OF OWNER, ADMINISTRATOR OR CONTRACTOR

Section 13. Duty of all building or structure owners, administrators or contractors. It

shall be the duty of the owner or co-owner, administrator or contractor to inform the concerned
agency that the newly constructed or repaired septic tank, sewage treatment facility or
alternative treatment system, with prior plan approval, is ready for inspection.

The septic tank, treatment facility or alternative treatment system shall not be covered or
used until inspected and approved by the City Health Office or DOH, respectively. The certificate
of inspection shall be part of the requirements in the issuance of the Occupancy Permit by the
City Engineer’s Office.

ARTICLE VII
SEPTIC TANK MAINTENANCE

Section 14. Septic Tank Maintenance. All septic tanks are required to be desludged by
an accredited mobile service provider every five (5) years or when the sludge volume is already
one-half (1/2) of the total capacity of the septic tank, or when the septic tank becomes
ineffective, whichever comes first.

Septage and Sewerage Ordinance No. 0363-10 Page 6 of 12

 ARTICLE VIII
SLUDGE COLLECTION, TRANSPORT, TREATMENT AND DISPOSAL

Section 15. Sludge Collection and Transport. Liquid and/or solid materials collected
from septic tanks shall be transported by an accredited mobile service provider, to the Septage
Treatment Facility of the City or to an accredited stationary service provider following DOH
regulations on desludging and transporting sludge.

Section 16. Disposal. The sludge shall be disposed of in a proper destination such as
treatment facility, sanitary landfill or land application site.

No treated or untreated sludge shall be disposed of in the sea, river, creeks, streams,
canals, manhole or in any similar water system. Disposal of sludge materials, whether treated or
untreated shall not be included in City Government’s local waste collection system. Violation
hereof shall be penalized under Section 33 of this Ordinance.

All entities under this Ordinance upon or after inspection, shall present a Desludging
Certificate to avoid penalties thereof.

Section 17. Treated Sludge. Treated sludge, which qualifies as biosolids, may be utilized
as soil conditioner and for other beneficial use.

ARTICLE IX
SEPTAGE, SEWERAGE AND WASTEWATER TREATMENT FACILITY

Section 18. Septage Treatment Facility. There shall be a septage treatment facility to be
established by the City Government or by an accredited service provider where all the sludge
covered under this Ordinance will be unloaded for a fee as provided under the implementing
rules and regulations.

The treatment of sludge must be done by any DOH accredited individuals, companies,
whether private or public, in any DOH-approved treatment facility.

Section 19. Alternative wastewater treatment systems. Alternative wastewater

treatment systems shall be reviewed and duly approved by the DOH

Section 20. On-site Treatment Facility. Properties or businesses that have on-site
wastewater treatment facilities must be subject to the approval by the DOH.

The on-site treatment facility of residential, commercial, industrial and agricultural

establishments shall release or dispose clear, clean and odourless effluents that are free from
bacteria and parasites such as helminthes in accordance to the standards set by the DENR-EMB.

Section 21. Buildings or Structures Proposed for Construction in Protected Areas. Any
person or entity who proposes a development plan in protected areas shall include a Sewerage
Facility Plan duly reviewed and approved by the DOH before the issuance of a development
permit by the CEO.

Section 22. Housing Subdivisions. All subdivisions that will be developed during the
effectivity of this ordinance shall be required to install appropriate sewerage facilities. Their
proposed developmental plan shall include a DOH approved sewage disposal system before it is
submitted to the City Council for consideration.

Section 23. Commercial Establishments. If the wastewater contains substances of a

commercial nature such as oil or fuel residue, metals or high volumes of fats or grease, an
appropriate pre-treatment program, approved by the City Health Office, must be in place. Said
commercial and business establishments shall be required to install appropriate sewerage
facilities and grease traps or oil-water separator, whichever is applicable, in the outfall of its
sewerage facility.

Septage and Sewerage Ordinance No. 0363-10 Page 7 of 12

 All food establishments are required to have grease traps. Motor vehicle repair shops,
garage, motorpool, second-hand spare parts retailer, public utility garage, machine shops and
other similar establishment that generates oil residue shall have oil-water separator.

Multi-use and multi-storey buildings such as shopping malls and similar structures are
required to have sewage treatment facility.

Section 24. Industrial Establishments. All industrial establishments are required to

construct a wastewater treatment facility.

ARTICLE XI
ADMINISTRATION AND ENFORCEMENT

Section 25. Environmental Sanitation Section. – The Environmental Sanitation Section

(ESS) of the CHO shall be the administration and enforcement body of this Ordinance, It shall be
headed by a sanitary engineer or its equivalent profession and must be organized, equipped and
staffed.

The CENRO, CPDO and CEO shall designate a permanent representative to the ESS who
shall assist in the enforcement of this Ordinance.

A representative from the Non-Government Organizations, Davao City Water District,

Department of Public Works and Highways, and other relevant national government agencies
shall be invited from time to time to assist the ESS.

Section 26. Additional Functions of the ESS. – The following are the additional functions
of the ESS:

a) The ESS shall conduct a survey of all properties and premises in the City in coordination
with barangay officials to determine if a septic tank is present, and if it is accessible for
desludging;
b) The ESS or its authorized representatives shall be permitted to enter all properties for the
purpose of inspection, observation, measurement, sampling and testing. A prior notice
shall be given property-owners to facilitate inspection and provide assistance to the ESS
representatives;
c) If a septic tank is not present or it is inaccessible for desludging, the ESS shall serve
notices of non-conformance to the provisions of this ordinance to the
owners/administrators, or occupants;
d) For those property owners, administrators or occupants served with notices of non-
conformance, a compliance period shall be set by the property owners, administrators or
occupants and the ESS;
e) The ESS shall issue a certificate of compliance to the property owners who are deemed to
have met the minimum specifications for septic tanks provided under Section 7;
f) For new developments, the occupancy permit issued by the building officials shall serve
as certificate of compliance until the ESS conducts another round of inspection;
g) The ESS shall keep a record of all owners/administrators of buildings 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 by the ESS;
h) The ESS shall conduct a periodic survey of properties every five (5) years or as
determined by the ESS to verify changes in septic tank accessibility or changes in tank
capacity requirements. This shall be done in coordination with the barangay officials;
i) The ESS shall plan and implement an information and education program on wastewater
management and the city’s septage management system;
j) The ESS shall implement and adhere to the rules and regulations set forth by the
Department of Health in handling, transporting, treatment and disposal of septage; and
k) The ESS shall ensure compliance by the desludging service providers of the requirements
set under the provisions of this Ordinance or by the CHO.

Septage and Sewerage Ordinance No. 0363-10 Page 8 of 12

 ARTICLE XII
SERVICE PROVIDERS

Section 27. Desludging Service Providers. The CHO shall strictly implement an
accreditation system and operational guidelines for desludging service providers that would like
to operate in the city, including but not limited to securing an Environmental Sanitation
Clearance (ESC) which is discussed more thoroughly in the rules and regulations set forth by the
Department of Health in handling, transporting, treatment and disposal of septage.

Section 28. Vehicles and Equipments of Service Providers. The vehicles and equipments
which will used by accredited desludging service providers shall conform to the minimum
requirements set by the Department of Health.

ARTICLE XIII
MONITORING AND EVALUATION

Section 29. Monitoring and Evaluation. Close monitoring of all activities in the
treatment facility shall be conducted by the ESS in coordination with the designated Pollution
Control Officer of the concerned entity. This is in conjunction with the operations and
maintenance plan that will be contained in the operational guidelines. Adverse effects of the
project shall be mitigated and considered top priority in prevention and maintenance operations.
Any environmental change/hazard attributed to the project implementation shall be
immediately addressed through the help of the CHO and CENRO.

Regulation and monitoring of wastewater discharge shall be undertaken by the CHO with
the DENR-EMB and CENRO.

Septage collection, transport and disposal shall be regulated and monitored by the CHO.

All owners and operators of wastewater treatment facilities shall submit or present to the
CHO the latest self-monitoring reports of the wastewater discharges and the Environmental
Compliance Certificate duly issued by the EMB.

Section 30. Water Effluent Standard. For verification purposes, all water effluents from
public or private treatment facilities may undergo actual sampling and must be subjected to
existing Effluent Standard issued by the DENR.

ARTICLE IX
DESLUDGING FEE

Section 31. Desludging Fee. All desludging service providers shall pay a desludging fee
to the City Government through the Treasurer’s Office, duly noted by the barangay local
government unit where the septic tank is located.

Section 32. Easy Payment Mechanism. The DCWD shall come up with an easy payment
mechanism, wherein property owners will have an option to pay in advance and in equal
installments for three (3) to five (5) years the desludging fees, which shall be incorporated in
their monthly water bill. Upon full payment, the DCWD shall notify a Service Provider, who shall
collect the desludging fee and shall render desludging services in favor of the property owner
who has made full payment.

ARTICLE X
EDUCATION, PUBLIC INFORMATION
AND RESEARCH AND DEVELOPMENT

Section 33. IEC Campaign. The City Health Office shall develop and implement an
Information, Education and Communication campaign in accordance with the septage and
sewerage management program of the City.

Septage and Sewerage Ordinance No. 0363-10 Page 9 of 12

 Section 34. Orientation/Seminar. Owners, managers, pollution control officers (PCOs)
or heads of market, commercial, industrial, institutional, agro-industrial, agricultural
establishments and administrative officers of national government agencies shall be required to
attend seminars on septage and sewerage management organized by the City. Attendance to the
seminar shall be a requirement to the issuance of the Environmental Sanitation Clearance (ESC)
pursuant to this ordinance. The City Health Office shall be responsible for the preparation of the
schedule and conduct of the seminar.

Section 35. Academic Curricula of Formal and Non-formal Education. The City Health
Office shall coordinate with the Department of Education, Commission on Higher Education and
Technical Education Skills Development Authority, regarding the integration of Septage and
Sewerage Management into the academic curricula of formal and non-formal education.

Section 36. Research and Development. The ESS shall collaborate with the CHO, DOH, academe,
professional organizations, and other entities for the research and development of appropriate
science and technology in the sewerage and septage system in the furtherance of the policies of
this Ordinance.

ARTICLE XI
PENAL PROVISION

Section 37. Prohibited Acts and Omissions. The following acts and omissions shall be
penalized:

1. Building/structures without septic tanks

2. Building/structures with septic tanks made not in accordance with the
provisions of this Ordinance.
3. Not meeting the standards set forth by this Ordinance
4. Improper sludge disposal;
5. Not regularly desludging their septic tanks; and
6. Not complying with the procedural requirements.

Section 38. Penalties. Any natural person who shall violate any of the provisions of the
Ordinance shall be penalized. The imposable penalties are the following:

a. First Offense: Fine of not less than P1,000 but not more than
P2,000, at the discretion of the court;
b. Second Offense: Fine of not less than P2,000 but not more than
P3,000 at the discretion of the court;
c. Third and Succeeding Offenses: Fine of not less than P3,000 but not
more than P5,000
and/or imprisonment of not less than one (1)
months but not more than six (6) months, at
the discretion of the court.

Any juridical entity, such as but not limited to commercial or industrial establishments,
and Service Providers or Treatment Facilities Operators, who violates any provisions of the
Ordinance shall be subject to a fine of P 3,000.00 per violation. For second and succeeding
violations, a fine of P5,000 and a penalty of imprisonment of six (6) months to one (1) year shall
be imposed.

If the offense is committed by a corporation, partnership, or other juridical entity duly

recognized in accordance with the law, the chief executive officer, president, general manager,
managing partner or such other officer-in-charge shall be liable for the commission of the offense
penalized under this Ordinance.

Permits of commercial establishments, service providers or treatment facility operators

who violate the prohibited acts or omissions for the third time or more may be suspended or
cancelled by the City Mayor.

Septage and Sewerage Ordinance No. 0363-10 Page 10 of 12

 ARTICLE XII
MISCELLANEOUS PROVISIONS

Section 39. Appropriation. The City shall provide sufficient funds for this purpose
through an appropriation either in the annual budget or in any of the City’s supplemental
budgets, as the case may be.

Section 40. Authority to seek External Support. The Office of the City Mayor may seek
logistical support from any sources to augment the technical, financial, material and other
requirements in the implementation of this Ordinance.

Section 41. Implementing Rules and Regulations. The City Mayor is hereby authorized
to promulgate the implementing rules and regulations of this Ordinance, as may be needed. A
joint executive –legislative committee will be created immediately to promulgate the
Implementing Rules and Regulations upon approval of this Ordinance.

Section 42. Repealing Clause. Any existing Ordinance or Resolution or any provision
thereof inconsistent with the provisions of this Ordinance shall be repealed.

Section 43. Separability Clause. If for any reason, any part or provision of this
Ordinance shall be held to be unconstitutional or invalid, the other parts or provisions hereof
which are not affected thereby shall continue to be in full force and effect.

Section 44. Effectivity Clause. This Ordinance shall take effect within 30 days from is
publication in a newspaper of general circulation in Davao City.

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Septage and Sewerage Ordinance No. 0363-10 Page 12 of 12