Formulation and Updating of Septage and Sewerage Management Ordinance

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Republic of the Philippines

Department of the Interior and Local Government


Region III
Manila Bay Clean-up, Rehabilitation and Preservation
Program

FORMULATION AND
UPDATING OF SEPTAGE AND
SEWERAGE MANAGEMENT
ORDINANCE

TRAINING MODULE
I. INTRODUCTION

Relative to the Supreme Court En Banc Decisions dated December 18,


2008 and February 15, 2011; 13 government agencies were directed to
undertake efforts relative to the Manila Bay clean-up, rehabilitation and
preservation.

The Department of the Interior and Local Government (DILG) is tasked to


establish and prescribe rules, regulations, and other issuances
implementing laws on public order and safety, general supervision over
local governments, and promotion of local autonomy and community
empowerment and monitor compliance thereof.

Similarly, under the program operations manual for the National Sewerage
and Septage Management Program (NSSMP), DILG is tasked to assist in
the dissemination of information and capacity building of Local Government
Unit (LGUs) in the country concerning NSSMP as well as to facilitate LGU
compliance.

One of the major outcomes of the program is the formulation and adoption
of Septage and Sewerage Management Ordinance (SSMO) by Local
Government Units (LGUs).

In line with the specific mandate of the Department, the Program


Management Team (PMT) provides technical assistance and monitors the
status of the abovementioned ordinance.

Considering the Presidential Proclamation No. 922 declaring a state of


public health emergency throughout the Philippines due to Coronavirus
Disease 2019, the Manila Bay PMT in coordination with concerned National
Government Agencies, develop a training module on the formulation of
SSMO and provide online/virtual seminars to LGUs.

The Training Module will be used as the standard resource material for the
online/virtual capacity development of Local Government Units which aims
to formulate a local ordinance on Septage and Sewerage Management.

 Legal Compliance

1. Section 20 of Republic Act No. 9275 or the Clean Water Act of 2004
entails that Local Government Units shall share the responsibility in the
management and improvement of water quality within their territorial
jurisdictions.

2. Republic Act No. 7160 or the Local Government Code provides the
following:
Section 17. Basic Services and Facilities. –
(b) Such basic services and facilities include, but not limited to, the
following:

(1) For Barangay:

(iii) Services and facilities related to general hygiene and sanitation,


beautification, and solid waste collection;

(2) For a Municipality:

(viii) Infrastructure facilities intended primarily to service the needs of the


residents of the municipality and which are funded out of municipal funds
including but not limited to, municipal roads and bridges; school
buildings and other facilities for public elementary and secondary
schools; clinics, health centers and other health facilities necessary to
carry out health services; communal irrigation, small water impounding
projects and other similar projects; fish ports; artesian wells, spring
development, rainwater collectors and water supply systems; seawalls,
dikes, drainage and sewerage, and flood control; traffic signals and road
signs; and similar facilities;

(3) For a Province:

(vii) Infrastructure facilities intended to service the needs of the


residence of the province and which are funded out of provincial funds
including, but not limited to, provincial roads and bridges; inter-municipal
waterworks, drainage and sewerage, flood control, and irrigation
systems; reclamation projects; and similar facilities;

(4) For a City:

All the services and facilities of the municipality and province, ***.

3. Presidential Decree No. 856 or Code on Sanitation of the Philippines


requires that all houses covered by the system shall be connected to the
sewer in areas where a sewerage system is available.
4. Presidential Decree No. 198 or Provincial Water Utilities Act of 1973
provides that water district may declare the further maintenance or use
of cesspools, septic tanks, or other local means of sewerage disposal in
such area to be a public nuisance.

5. Republic Act No. 1378 or the Plumbing Engineering Act provides that
the practice of plumbing shall embrace services in the form of
consultations, designing, preparations of plans, specifications;
estimates, erection, installation and supervision of plumbing work
including the inspection and acceptance of materials used therein;
extension and alteration of all pipings to fixtures, appliances,
appurtenances in connection with any of the following: storm and
sanitary drainage, facilities of buildings, the sanitary venting of fixtures,
hot or cold water supply systems within or adjacent to any building,
storm drains, sewerage system of any premises and/or in connection
with any public disposal or any acceptable terminal.

 Target Participants

This training module is intended for Local Government Units without


Septage and Sewerage Management Ordinance to be adopted by their
local sanggunian.

The target participants from the LGU are the following:


1. Local Sanggunian Bayan/Panglusod Member (Chairman on
Environment)
2. Local Sangguian Bayan/Panglusod Secretary
3. Municipal/City Environment and Natural Resources Officer
4. Municipal/City Health Officer
5. Municipal/City Health Engineer
6. Representative from Local Water District

 Content

The training module is composed of references and materials that are


intended to equip the target participants on a two-day virtual seminar on
formulation of Septage and Sewerage Management Ordinance.

The Formulation of SSMO training module contains the session guides for
all major topics to be discussed, powerpoint presentations, and audiovisual
aids to enhance the learning process.
The Preliminary Session shall consist of the introduction of the participants
and resource speakers, and overview of the training. The overview includes
the discussion of objectives, rationale, training methodologies, and
schedule of the activity.

 Objectives

At the end of the training, the participants should be able to:


1. Be familiarized of the legal compliances related to Septage Sewerage
Management Ordinance
2. Prepare draft Local Septage Sewerage Management Ordinance
3. Endorse Septage Sewerage Management Ordinance to Sangguniang
Bayan/Panglungsod
4. Develop massive information education communication campaign on
liquid waste management

II. TRAINING SCHEDULE

Target participants will receive letter of invitations from the DILG Regional Office
which will include the process of registration and timeline of activities.

The participants will be required to register online within a given period of time
before the first day of the activity. The online registration prior to the conduct of the
virtual seminar will be facilitated by the Program Management Team.

The training schedule provides the pre-registration day, coverage of each session,
content/topics, duration of the activity and platform to be used.

Time Activity Resource Person


Online Registration DILG Secretariat
Session I
Opening Program
 Prayer
1:00 – 1:30
 Welcome Remarks
 Overview of the Activity
Clean Water Act of 2004 and other DENR-EMB
1:30 – 2:30
related DENR initiatives/issuances Region III
National Sewerage and Septage
2:30 – 3:30 Management Program and other DPWH Region III
related DPWH initiatives/issuances
Open Forum
3:30 – 4:30
Session II
Recapitulation
1:00 – 1:15
Sanitation Code of the Philippines and
1:15 – 2:15 DOH Region III
other related DOH initiatives/issuances
Baliwag Water
2:15 – 3:15 Sharing of Best Practices
District
Sample Ordinance on Septage and
3:15 – 3:45 DILG Region III
Sewage Management
 Open Forum
3:45 – 4:30  Next Step
 Closing Program

III. TRAINING MATERIALS

Session I

Clean Water Act of 2004 and other related DENR initiatives/issuances


Environmental Management Bureau Region III
National Sewerage and Septage Management Program and other related
DPWH initiatives/issuances
Department of Public Works and Highways Region III
Session II
Sanitation Code of the Philippines and other related DOH
initiatives/issuances
Department of Health Region III
Sharing of Best Practices
Baliwag Water District, Baliwag, Bulacan
Sample Ordinance on Septage and Sewage Management
Department of the Interior and Local Government Region III
ORDINANCE NO. _____

AN ORDINANCE ESTABLISHING A PROPER SEWAGE TREATMENT AND


SEPTAGE MANAGEMENT SYSTEM IN <NAME OF LGU>, AND
PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF

Be it ordained by the Sangguniang Panlungsod/Bayan of the <name of LGU> in session


duly assembled:

SECTION 1. Title

This Ordinance shall be called the “Sewage and Septage Ordinance of <name of
LGU>.”

SECTION 2. Declaration of Policy

It shall be the policy of <name of LGU> to share in the responsibility on the


management and improvement of water quality within its territorial jurisdiction. To meet
these objectives, the City/Municipality shall implement measures to prevent and control
water pollution to promote health and ensure a balanced ecology.

SECTION 3. Scope and Application

The following structures within the <name of LGU>, are covered by this Ordinance:

a. All residential structures including, but not limited to, an apartment, house and/or
land on which another's dwelling is located and used for residential purpose and
shall include not only buildings parts or units thereof used solely as dwelling
places, boarding houses, dormitories, rooms and bedspaces offered for rent by
their owners, and also those used for home industries, retail stores or other
business purposes if the owner thereof and his or her family actually live therein
and use it principally for dwelling purposes;

b. Commercial establishments, including, but not limited to, restaurants, convenience


stores, hard wares, malls, groceries, markets, carwash, condominiums, motels,
hotels, hostels, resorts, recreational establishments, auto-repair shops (talyer),
poultries and livestock rearing establishments, etc.;

c. Industrial establishments, including, but not limited to, factories, manufacturing


plants, etc.;

d. Governmental structures, including, but not limited to, barangay halls, government
offices, etc.; and
e. Institutional structures, including, but not limited to, schools, colleges and
universities, hospitals, churches, etc.

SECTION 4. Definition of Terms

For the purpose of this Ordinance, the following terms shall be defined as follows:

a. Combined Drainage System – this is the conveyance of wastewater from the


drainage through the interceptor lines going to the Sewage Treatment Plants;

b. DENR – the Department of Environment and Natural Resources;

c. Desludging – a process of cleaning or removing the accumulated domestic


septage from septic tanks;

d. DILG – the Department of the Interior and Local Government;

e. DOH – the Department of Health;

f. Drainage - artificial pipes or conduits provided by the LGU for carrying flood water
(no sewage nor wastewater shall pass through drainage systems);

g. Effluent – 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, etc.

h. Food Establishment – any structure used to engaged in food business

i. EMB – the Environmental Management Bureau of the DENR;

j. Hygienic Septic Tank – a water-tight septic tank with no opening/s at the bottom
slab so as not to allow the leaching of liquid or solid wastes to the surrounding soil
or ground water;

k. LLDA – the Laguna Lake Development Authority;

l. MWSS – the Metropolitan Waterworks and Sewerage System;

m. Pre-treatment Facility - means any apparatus or equipment used to modify the


characteristics of effluent prior to a wastewater disposal system, and includes
grease traps, oil separators, dilution pits and similar devices.
n. Septage – a combination of scum, sludge, and liquid from household septic tanks,
thickened and partially treated sewage that is removed from a septic tank;

o. Septage Treatment Plant – a series of structure purely for the process of treating
septage in order to comply with DENR effluent standards;

p. Septage Management – also known as “desludging” this involves the depository


of the households sewage to a properly designed septic tank and collected by a
desludging truck going to a Septage Treatment Plant (SpTP);

q. Septic Tank – a water-tight receptacle that receives the discharge 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 or 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 facility, in accordance with the standards set forth by the
Revised National Plumbing Code of the Philippines;

r. Sewage – any wastewater containing human, animal, or vegetable waste matter


in suspension or solution, including human excreta and urine, and may possibly
contain liquids consisting of chemicals in solution;

s. Sewer or sewer lines – artificial pipes or conduits provided by the water utilities
for carrying sewage and wastewater;

t. Sewerage Disposal System – is the proper disposal of effluent using either a


Sewerage System, Combined Drainage System, or Septage Management
whichever is required or accepted by existing environmental laws and policies;

u. Sewerage System – this involves the collection of sewage from households which
will be conveyed through the sewer pipelines going to a Sewage treatment Plant
or STP.

v. Sludge – 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;

w. Wastewater Treatment Plant – a series of structure that processes the treatment


of sewage, mostly from domestic origin, but may include pre-treated liquid wastes
from industries and similar establishments, and may also accept the treatment of
septage, provided there are facilities for accepting and pre-treating it; and

x. Water Utilities – this include water concessionaires, local water utilities, and other
accredited water and wastewater services providers.

SECTION 5. Principles of Sewerage and Septage Management


The City/Municipality of <name of LGU> shall abide by the following sewerage and
septage management principles:

a. Untreated excreta from residential areas without septic tanks and untreated
wastewater from commercial, industrial, institutional and public establishments
shall not be allowed to be discharged to open drainage canals or piped drainage
systems;

b. All buildings and structures, whether residential, commercial, industrial,


governmental, and institutional, shall be required to have proper sewage treatment
or septage management system.

i. All residential structures shall have hygienic septic tanks;

ii. All commercial and industrial establishments, and hospitals shall


have hygienic septic tanks or wastewater treatment facility based on
the determination of the DENR (or LLDA in the case of LGUs covered
by the LLDA) and/or DOH;

iii. All governmental and institutional structures except hospitals shall


have hygienic septic tanks or wastewater treatment facilities based
on the number of individuals regularly occupying the structure. If
there are 212 occupants or less, these structures should have a
hygienic septic tank, otherwise, they are required to have a
wastewater treatment facility1; and

iv. Commercial, industrial, governmental, and institutional structures


that are required to have wastewater treatment facilities shall have
an operational wastewater treatment facility either on-site or by
service off-site.

c. No wastewater shall be discharged to waterways without any proper treatment;

d. For sewered areas, or areas with sewer pipelines, no wastewater other than those
from residential structures shall be allowed to discharge on the sewers or sewer
pipelines unless such wastewater was serviced by a pre-treatment facility to at
least be of domestic wastewater quality;

e. All food establishments (e.g. restaurants, eatery, food chains, etc.) discharging
organic and inorganic wastes shall be required to have an oil and grease trap
installed in their respective kitchen areas2; and

1
Based on the policy of the Laguna Lake Development Authority
2
For sample specification please refer to Annex A
f. All septic tanks must be accessible at all times.

SECTION 6. Proper Sewage Disposal System Requirements

All residential, commercial, industrial, institutional, and governmental


establishments in <name of LGU>, both old and new, are required to have proper sewage
disposal system based on Section 5 hereof.

a. For existing structures:

i. Residential, commercial, industrial, institutional, and governmental


structures with inaccessible and/or non-compliant septic tank shall opt for
any of the following: (a) remodelling or restructuring to make the septic tank
accessible and compliant with national standards, within one (1) year upon
the effectivity of this Ordinance; or (b) connection to existing sewer lines of
water utilities, as applicable; or (c) construction of communal or shared
septic tank;

ii. Commercial, industrial, institutional, governmental establishments that are


required to have a wastewater treatment facility should comply within one
(1) year within the effectivity of this Ordinance; and

iii. No business owner shall be issued a renewed business permit unless


he/she has obtained the necessary clearances and permits such as
discharge permits and environmental sanitation clearances as may be
prescribed by existing laws or as maybe required by the DENR, LLDA,
and/or DOH and its instrumentalities.

b. New structures:

i. No building permit shall be issued for residential, commercial, industrial,


institutional, and governmental structures unless the design of the hygienic
septic tank or wastewater treatment facility in the building plan conforms
with existing environmental laws and policies; and

ii. No business owner shall be issued new business permit unless he/she has
obtained the necessary clearances and permits such as discharge permits
and environmental sanitation clearances as may be prescribed by existing
laws or as maybe required by the DENR, LLDA, and/or DOH and its
instrumentalities.

SECTION 7. Design of Septic Tanks


All septic tanks shall be designed to exclude storm water or flow from downspouts,
and such other requirements and specifications as provided by national standards 3. The
Building Official, pursuant to Republic Act No. 6541 otherwise known as the National
Building Code of the Philippines, is mandated to ensure that appropriate standard designs
of septic tanks shall be enforced in the plan approvals and inspection procedures 4.

SECTION 8. Mandatory Desludging of Septic Tanks

a. All owners and users of septic tanks shall be required to desludge once every five
(5) years.

b. The opening of septic tanks, for desludging purposes, shall only be done with the
authority of the owner or user.

c. Actual desludging must be done only by the water utility or a private desludging
company duly accredited by the DOH and/or DENR-EMB.

d. Violation of this provision shall subject the owner and/or user of the septic tank to
the penalties as stipulated in Section 14 of this Ordinance.

SECTION 9. Regulation on Desludgers

a. Only DENR and/or DOH accredited private entities complete with permits shall be
allowed to provide septage collection and transport services. Collected septage
shall only be disposed and treated in a DENR and/or DOH accredited
disposal/treatment facility with pertinent permits.

b. Liquid and/or solid materials removed from septic tanks shall be transported only
by a DOH/DENR accredited septage hauler/pumper to the approved septage
treatment facility pursuant to the regulations prescribed by the DOH. Unless,
otherwise provided by law, no septage hauler/pumper shall be allowed to collect

3
For sample specification please refer to Annex B
4
R.A. No. 6541
Section 1.01.02
“XXXX make it the purpose of this Code to provide for all buildings and structures, a
framework of minimum standards and requirements by guiding, regulating, and controlling
their location, siting, design, quality of materials, construction, use, occupancy, and
maintenance, including their environment, utilities, fixtures, equipment, and mechanical
electrical, and other systems and installations.”
Section 1.02.02
a. “The Secretary of Public Works XXXX shall promulgate such rules and regulations
necessary to enable the Building Official to enforce the provisions of this Code.”
b. “In municipalities, the Municipal Engineer shall be the Building Official XXXX In case of
cities XXXX the City Engineer shall be the Building Official XXXX”
transport and upload or dispose of septage in other places, including bodies of
water, agricultural fields and the drainage system within the City/Municipality.

c. All entities engaged in desludging activities are required to secure Permit to


Transport from the DENR, Environmental Sanitation Clearance from the DOH,
sanitary Permit from the City/Municipal Health Department, and other pertinent
permits as may be deemed necessary as part of the requirements for issuance of
annual business permit from the City/Municipality.

SECTION 10. Institutional Arrangements


*(LGU is advised to name other institutions as deemed necessary and mention the role
of each one)
The City/Municipal Building Official, shall have the following responsibilities in
implementing this Ordinance:

a. Inspection – Designate field inspectors that will check on the general design,
construction, and maintenance requirements of septic tanks and/or wastewater
treatment facilities in residential, commercial, industrial, governmental, and
institutional structures.;

b. Maintenance of Database – Coordinate with the City/Municipal Health Office in


the formation and maintenance of a robust database of the list of all homeowners
with hygienic septic tanks and with the City/Municipal Business Processing and
Licensing Office for the database of all business establishments with adequate
wastewater treatment facilities.;

c. Transporting of Septage – Coordination with the City/Municipal Health Office for


the implemention of an accreditation system (in consonance with the rules and
regulations set forth by DENR-EMB and DOH) and follow existing operational
guidelines set forth by the DENR/DOH (for the handling, transportation, treatment,
and disposal of septage), for private desludging service providers who intend to
operate in the City/Municipality.;

d. Issuance of Sanitary Permits – Coordinate with the City/Municipal Health Office


on the issuance of sanitary permits for all septage treatment and collection
facilities, and development of a protocol for periodic inspection of such facilities,
including but not limited to equipment, training programs, and safety.;

e. Enforcement on Sewer Connection – Assist the water utilities and other


appropriate authorities in the enforcement of sewer connection, and penalties for
non- or disconnection and illegal sewer tapping.; and

f. Information, Education, Communication – Coordinate with the City/Municipal


Environment and Natural Resources Office or equivalent for the conduct of
massive IEC activities in collaboration with appropriate public or private agencies
on proper wastewater management to increase level of awareness and
commitment of the public to proper sewage treatment or septage management.

SECTION 11. User Fees and Other Funding Options

a. Fees for desludging and septage treatment for all residential, commercial,
industrial, governmental, and institutional structures serviced by water utilities shall
be incorporated in the water billing statements.

b. The <name of LGU> may appropriate or raise funds to subsidize necessary


expenses for the establishment and/or operation and maintenance of sewerage
treatment or septage facility through appropriate local property taxes and
enforcement of a service fee system.

c. Further, the <name of LGU> may pursue funding assistance from both local and
foreign sources, either public or private, through mutual agreements subject to
existing accounting and auditing rules and regulations.

SECTION 12. Sewer Line Connection/ Sewerage Projects

a. The <name of LGU> shall provide assistance in securing necessary permits, right
of way, IEC, land acquisition to the water utilities in laying down sewer lines within
the City/Municipality.

b. Only domestic wastewater sources shall connect to existing sewer lines.

c. Commercial buildings and structures are required to pre-treat all wastewater from
their structures to “domestic wastewater quality” in accordance with the
requirements set forth in the Philippine Clean Water Act of 2004 (RA 9275), before
the same is discharged.

d. Said connection to existing sewer lines shall be subject to sewerage service


charges/fees (if any) in accordance with existing laws, rules, or regulations as
identified by the water utilities.

SECTION 13. Prohibited Acts

The following acts are prohibited:

a. Refusal to desludge as required by this Ordinance;

b. Refusal of new and existing residential, commercial, industrial, governmental, and


institutional facilities to connect to available sewer lines;
c. Dumping of septage and untreated wastewater to drainages, canals, rivers, and
other natural and artificial waterways and other open areas;

d. Desludging and transporting of septage without the necessary permits and


accreditation from the authorized permitting agencies; and

e. Hiring/availing the services of illegal/non-accredited desludger, transporter by any


person or establishment to desludge septic tanks or dispose of their wastewater;

SECTION 14. Monitoring and Evaluation

The City/Municipal Building Official, in coordination with the City/Municipal Health


Officer, the City/Municipal Environment and Natural Resources Officer, City/Municipal
Business Processing and Licensing Officer (BPLO) or their equivalent, shall be required
to evaluate the compliance of the facilities one (1) year after the effectivity of this
Ordinance. All these facilities must conform to the standards of DENR-EMB, LLDA and
/or DOH.

The same Officers are to come-up with an annual list of violators to be posted in
three conspicuous places and in the local government website, if any. The same list shall
be submitted to the City/Municipal Treasurer and BPLO for the imposition of appropriate
penalties, copy furnished the City/Municipal DILG Office.

SECTION 15. Penalties

Any owner or user of residential, commercial, industrial, governmental, and


institutional structures that fail to comply with the provisions of this Ordinance shall incur
the following fines and penalties for every violation:

a. For Residential Homeowners (Municipalities)


i. First Offense – Fine of P1,000.00 and the Issuance of a Notice of Violation
ii. Second Offense – Fine of P1,750.00 and Mandatory Environment Related
Community Service
iii. Third Offense – Fine of P2,500.00 and Non-Issuance of Barangay
Clearance
iv. Succeeding Offenses – Fine of P2,500.00, Environment Related
Community Service, and continued refusal to issue Barangay Clearance
until the owner and/or user complies with the provisions of this Ordinance

b. For Business Owners (Municipalities)


i. First Offense – Fine of P1,500.00 and the Issuance of a Notice of Violation
ii. Second Offense – Fine of P2,500.00 and the Issuance of a Cease and
Desist Order

a. For Residential Homeowners (Cities)


i. First Offense – Fine of P1,500.00 and the Issuance of a Notice of Violation
ii. Second Offense –Fine of P2,500.00 and Mandatory Environment Related
Community Service
iii. Third Offense – Fine of P5,000.00 and Non-Issuance of Barangay
Clearance
iv. Succeeding Offenses – Fine of P5,000.00, Environment Related
Community Service, and continued refusal to issue Barangay Clearance
until the owner and/or user complies with the provisions of this Ordinance

b. For Business Owners (Cities)


i. First Offense – Fine of P2,500.00 and the Issuance of a Notice of Violation
ii. Second Offense – Fine of P5,000.00 and the Issuance of a Cease and
Desist Order

Violators shall be assessed annually to monitor their compliance, likewise,


continued violation shall merit the imposition of increasing penalties for each assessed
violation.

SECTION 16. Separability Clause

In the event that any part or provision of this Ordinance is held unconstitutional or
invalid, other parts or provisions not otherwise affected shall remain in full force and effect.

SECTION 17. Repealing Clause

All other ordinances, or provisions thereof, inconsistent herewith are hereby


repealed.

SECTION 18. Effectivity

This Ordinance shall take effect after ___ days after publication in a newspaper of
local circulation.

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