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Republic of the Philippines

City oflloilo

OFFICE OF THE SANGGUNIANG PANLUNGSOD


EXCERPT FROM THE MINUTES OF THE 9TH REGULAR SESSION OF THE 33RD
SANGGUNIANG P ANLUNGSOD OF THE CITY OF ILOILO, PHILIPPINES, HELD AT
THE SESSION HALL, NEW CITY HALL BUILDING, PLAZA LIBERTAD, ILOILO CITY,
ON WEDNESDAY, MARCH 06, 2013.
PRESENT:
HON. JOSE S. ESPINOSA ill
Vice Mayor and Presiding Officer
HON. NIELEX C. TUPAS
Temporary Presiding Officer
HON. JOSHUA C. ALIM, Floor Leader
HON. LYNDON V. ACAP
HON.RODELF.AGADO
HON. ELY A. EST ANTE, JR.
HON. JEFFREY P. GANZON
HON. R LEONE N. GEROCHI
HON. JASON R. GONZALES
HON. CARLOS P. GUARIN, LigangmgaBrgy. Pres.
HON. DAVID RAYMUND C. JAMORA
HON. SHEEN MARIE S. MABILOG, SK Federation Pres.,
HON. PLARIDEL C. NAVA II
HON. EDWARD C. YEE
HON. PERLAS. ZULUETA

Member
Member
Member
Member
Member
Member
Member
Ex Officio Member
Member
Ex Officio Member
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Member

ABSENT:

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None.
REGULATION ORDINANCE NO. 2013-120
AN ORDINANCE REGULATING THE DISPOSAL OF USED MOTOR
on, BY GASOLINE STATIONS, AUTO REPAm SHOPS AND ALL
OTHER ESTABLISHMENTS, INDIVIDUALS OR ENTITIES AND
PRESCRIBING PENALTIES mERETO
Sponsored by Councilor Jason R. Gonzales, co-sponsored by
Councilor David Raymund C. Jamora, duly seconded by
Councilors Lyndon V. Acap and Ely A. Estante, Jr.

WHEREAS, the city recognizes that used oil poses potential impacts to the environment.
It does not break down easily and can contain toxic chemicals and heavy metals. If spilled on
the ground, poured down storm drains or disposed of with trash, it can pollute surface water or
groundwater;

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WHEREAS, study shows that one gallon of use oil can pollute 1 million gallons of fresh
water. Because of its properties, a cup of oil can spread a very thin sheen over more than an acre
of calm water. Oil sheen can lock sunlight, impair photosynthesis and prevent the replenishment
of dissolved oxygen which further leads to fish kills.
WHEREAS, Section 19 of RA 9275, also known as the "Philippine Clean Water Act of
2004", provides "to the LGUs, and to the governing boards the authority to administer some
aspect of water quality management and regulation, including, but not limited to, permit
issuance, monitoring and imposition of administrative penalties";
WHEREAS, pursuant to the exercise of its police power, Section 16 and 177 of the Local
Government Code of 1991, it is the duty of the City of Iloilo to adopt ordinances as shall be
necessary to fully provide for and protect the health, safety, comfort, convenience and general
welfare of the community and its inhabitants;
WHEREAS, to fully protect the public health and welfare, there is a need to pass a new
local ordinance which will regulate the disposal and pouring of used oil into drainage canals and
conveyances in accordance with existing laws;
Be it ordained by the Sangguniang Panlungsod oflloilo City, THAT:
SECTION 1. SHORT TITLE.
This ordinance shall be known as the "Ordinance prohibiting the disposal and pouring
of used oil into drainage canals from Gasoline Stations, Auto Repair Shops, and all other
Establishments, Individuals or Entities in Roilo City".
SECTION 2. DEFINITION OF TERMS.
a) Used Oil - refers to the dirty oil and other dirty petroleum based products that are
discharged and emptied from motor vehicle engine parts when they are cleaned,
overhauled and/or repaired and which substances are no longer reusable for use of
said vehicles;
b) Gasoline Station - are establishments that aside from dealing and selling gasoline
and oil products, likewise maintain as auxiliary functions, car washing and oil
facilities to complement their sale of gasoline and other oil products;
c) Car Washing Centers - these centers are those that offer cleaning and washing
motor vehicles which while they do not deal with gasoline and oil products they
perform jobs of not only washing the car body and engine but also change engine oil
and provide greasing of engine parts;
d) Auto Repair and Reconditioning Shops - these are shops that perform repairs on
the engine parts of motor vehicles but in the process they cause used oil to be drained
and wash the engine parts and discharge dirty substances from the motor vehicles
before they are put back to normal functions.
e) Vehicle garages of transport operators - these refer to garages of jeepney, bus,
taxi, and rent-a-car operators owning multiple units.

Reg.OrdNo.2013-120.~.06,2013

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Drainage Canals - these channels are found all around the City. These are manmade, concrete channels often provided with manholes that can be lifted and opened.
These drainage canals can be used for surreptitiously pouring the used oil from car
repair facilities and other such establishments. These canals lead to low-lying areas
and sometimes into the Iloilo River.

SECTION 3. SCOPE AND COVERAGE OF THIS ORDINANCE.


The ordinance covers all gasoline stations, car washing facilities, auto repair shops and
other similar establishments as well as individuals located within the territorial jurisdiction of the
City of Iloilo, including acts of their owners, operators and workers in said establishments.
SECTION 4. INVENTORY OF GASOLINE STATIONS, CAR WASHING, AUTO
REPAIR SHOPS, VEHICLE GARAGES OF TRANSPORT OPERA TORS AND ALL
OTHER ESTABLISHMENTS OR ENTITIES.
Upon the passage of this ordinance, the City Environment & Natural Resources Office
(City ENRO) of the City of Iloilo shall be mandated to organize a team from its present staff of
not less than three (3) persons to conduct an inventory of all the Gasoline Stations, Carwash
Centers, Car Garages of Transport Operators and Auto Repair Shops within the territorial
jurisdiction of the City of Iloilo, listing the said establishments in alphabetical order and
determining their respective locations. This directory should be on file at the City ENRO and
furnished copy the Committee on Environment & Ecology of the Sangguniang Panlungsod as
well as the Sangguniang Panlungsod Secretariat for ready reference.
SECTION 5. REGULAR INSPECTION OF ESTABLISHMENTS.
Upon approval of this ordinance, it also mandates the City Environment & Natural
Resources Officer (City ENRO) of the City of Iloilo to organize a team to make a routine and
regular inspection of the Gasoline Stations, Auto Repair Shops, Car Washing Centers, Car
Garages of Transport Operators and all other Establishments or Entities as inventoried and listed
in Section 4 hereof Said inspection shall be conducted once a month at the time most
appropriate as determined by the team headed by the City ENRO Officer.
SECTION 6. PROHIBITED ACTS BY ESTABLISHMENTS CONCERNED.
It is strictly prohibited for owners, operators and workers of gasoline stations, auto repair
shops, car was centers and all other establishments or entities, as well as individuals, to:

a) Pour, sweep or lead large quantities into a drainage canal or any channel, covered or
otherwise, any quantity of used oil, used grease, other used petroleum products and
any other toxic/polluting liquid from gasoline stations, car washing facilities, auto
repair shops and other similar establishments or entities, coming directly from
vehicles being cleaned, repaired or washed or from any storage container for said
used petroleum products allowing the same to flow into said channels and ultimately
into the Iloilo River;

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b) The presence of a large quantity of use oil and grease in a drainage canal proximate
or directly connected to the gasoline station, auto repair shop, car garage, or car
washing facilities or a given establishment mentioned herein will be sufficient
presumption of proof that said establishment has caused the discharge of said waste
as prohibited in this ordinance.
SECTION 7. WHAT ESTABLISHMENTS CONCERNED ARE SUPPOSED TO DO
WITH USED OIL
To avoid the penalties as herein stated, the managers and owners - and in the case of
corporations, the officers of the same corporations - that operate gasoline stations, auto repair
shops, car wash centers and all other establishments or entities are required to:
a) Provide for a storage container in their premises to store their use oil, grease or other
used liquids in such a manner that such will not leak into the floor or drain into the
drainage canal proximate to it;
b) These used liquids should be disposed of, or recycled, by dumping the same into
facilities located away from populated areas and the sam dump area is duly approed
by an Environmental Compliance Certificate (ECC) issued by the DENR-EMB;
These used liquids may only be collected for disposal by entities with the proper
certification from the DENR-EMB.
c) Such storage containers should not be allowed to overflow into canals and must be
protected from being hit by flames or combustible objects.
SECTION 8. PENALTIES.
a) Violations of any of the provisions of Section 6 of this Ordinance shall be punishable
by:
1. A fine of One Thousand (Pl,000.00) Pesos forthe first offense;
2. A fine of Two Thousand (P2,000.00) Pesos for the second offense;
3. A fine of Five Thousand (PS,000.00) Pesos, revocation oflicense and business
permit for the third offense.
The managers and owners - and in the case of corporations, the officers of the
same corporations-that operate the heren stated establishment are liable for the
payment of the fines. In the case of private individuals who violate the ordinance,
the same private individuals are liable for the payment of the fines.
b)

The absence of the facilities provided for in Section 7. a hereof shall be punishable
by:

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1. A fine of One Thousand (Pl,000.00) Pesos for the first offense;

2. A fine of Two Thousand (P2,000.00) Pesos for the second offense;


3. A fine of Five Thousand (PS,000.00) Pesos, revocation of license and business
permit for the third offense.
The managers and owners - and in the case of corporations, the officers of the
same corporations-that operate the heren stated establishment are liable for the
payment of the fines.
c) Due process shall be observed in the imposition of fines and suspensions/revocation
of business permit and license. The procedure for suspension/cancellation of business
permits as provided for in the Ordinance No. 399, as amended shall apply.
The violator is given three (3) days from the date of apprehension, failure to do so a
necessary case will be filed in court for violation of the ordinance and the maximum
penalty shall be imposed by the court.
Payments of the fine shall be made directly to the Office of the City Treasurer.
d) Violation of Section 7.b and 7.c of this ordinance shall be likewise be punishable by
fines and penalties as provided in Section 8.b above.
SECTION 9. REPEALING CLAUSE.
Any provision of existing ordinances, rules and regulations and/or parts thereof
inconsistent with the provisions of this ordinance are hereby repealed and/or modified
accordingly.
Should any portion or provision of this ordinance be declared unconstitutional or invalid,
the other parts or provisions thereof not affected thereby shall remain and continue to be in full
force and effect.
SECTION 10. EFFECTIVITY
This ordinance shall take effect thirty (30) days after its approval and publication in a
newspaper of local circulation.
ENACTED, March 06, 2013.

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Reg.OrdNo.2013-120.~.06.2013

I hereby certify to the correctness of the above quoted ordinance.

Seer tary to the Sang


ATTESTED AND CERTIFIED
TO BE DULY ENACTED:

!nots

APPROVED: