ORDINANCE 02 series of 2011

EXCERPT FROM THE MINUTES OF THE 33RD REGULAR SESSION OF THE 16TH SANGGUNIANG
PANLUNGSOD, CITY OF GENERAL SANTOS, HELD AT THE SANGGUNIANG PANLUNGSOD
SESSION HALL ON THURSDAY, MARCH 03, 2011.
PRESENT:

Hon. Shirlyn L. Bañas-Nograles City Vice-Mayor & Presiding Officer

Hon. Ronnel C. Rivera City Councilor
Hon. Elizabeth B. Bagonoc City Councilor (Floor Leader)
Hon. Vivencio E. Dinopol City Councilor (President Pro Tempore)
Hon. Richard L. Atendido City Councilor (1st Asst. Floor Leader)
Hon. Nepthale P. Natividad City Councilor
Hon. Eduardo D. Leyson IV City Councilor
Hon. Dante S. Vicente City Councilor (2nd Asst. Floor Leader)
Hon. Virginia T. Llido City Councilor
Hon. Dominador S. Lagare, III City Councilor
Hon. Marius Orlando A. Oco City Councilor
Hon. Remus P. De Claro City Councilor
Hon. Lourdes F. Casabuena City Councilor (President, Liga ng mga Barangay)
Hon. Mac Alejandre M. Tablazon City Councilor (SK Federation President)

ABSENT:
Hon. Margareth Rose N. Santos City Councilor (OL)
WHEREAS, out of the total volume of water in the world, only 2.5% is fresh while the remaining bulk at
97.5% is saltwater situated at the seas and oceans;

WHEREAS, from that meager proportion of freshwater, about 0.3% only is available from rivers, lakes and
reservoirs as most freshwater is locked up in polar ice, glaciers or as a form of soil moisture;

WHEREAS, it behooves upon this Sanggunian to promote the proper harvesting, storage and utilization of
rainwater instead of the usual sourcing of water from the ground to prevent the intrusion of saltwater in
aquifers, reduce the effects of storm water peak flow, surface runoff and siltation that contribute in the
reduction or mitigation of flooding, reduction of erosion of canals and deposit of silt loads on local roads
and non-point source in urban areas;
WHEREAS, proper harvesting, storage and utilization of rainwater can be a viable alternative source of
water supply primarily for non-potable use including domestic usage for flushing of toilets, general cleaning,
washing of clothes, urban agriculture, landscape irrigation and supplemental water source for industrial,
commercial, institutional and agricultural usage, and even as potable water in the household when
appropriate technology is already available;

NOW, THEREFORE, on motion of City Councilor Richard L. Atendido, duly seconded by City Councilors
Elizabeth B. Bagonoc, Nepthale P. Natividad and Lourdes F. Casabuena, be it –
RESOLVED, as it is hereby resolved to enact the following Ordinance:

ORDINANCE NO.02
Series of 2011
AN ORDINANCE PROVIDING FOR THE MECHANISMS FOR PROPER HARVESTING, STORAGE
AND UTILIZATION
OF RAINWATER IN THE CITY OF GENERAL SANTOS
——————————————————————————————
Hon. Richard L. Atendido- Author
Hon. Nepthale P. Natividad, Hon. Margareth Rose N. Santos,
Hon. Elizabeth B. Bagonoc, Hon. Vivencio E. Dinopol,
Hon. Marius Orlando A. Oco & Hon. Remus P. De Claro – Co-Authors
——————————————————————————————

Be it enacted by the Sangguniang Panlungsod, City of General Santos, that:

Article I
TITLE

Section 1. Short Title. – This Ordinance shall be known as the “General Santos City Rainwater Ordinance
of 2011”.
 Article II
DECLARATION OF POLICY

Section 2. Declaration of Policy. – It is the policy of the City of General Santos that sustainable development
shall be pursued within the context of a balanced and healthful ecology through the proper use of natural
resources giving due consideration to the protection and conservation of the environment and adapt to the
impact of climate change. Towards this end, the City of General Santos shall:

1. Promote the proper harvesting, storage and utilization of rainwater as a viable alternative source
of water supply primarily for non-potable use including domestic usage for flushing of toilets,
general cleaning, washing of clothes, urban agriculture, landscape irrigation and supplemental
water source for industrial, commercial, institutional and agricultural usage;

2. Promote the proper harvesting, storage and utilization of rainwater to reduce the effects of storm
water peak flow and surface runoff and siltation that will contribute in the reduction or mitigation of
flooding and reduction of erosion of canals and deposit of silt loads on local roads and non-point
source in urban areas; and

3. Encourage and support the adoption and development of appropriate technology related to
rainwater utilization by medium to large size commercial, institutional and industrial establishments,
including medium to high-end residential subdivisions, which are primarily consuming high volume
of freshwater.

Article III
DEFINITION OF TERMS

Section 3. Definition of Terms. – As used in this Ordinance, the following terms shall mean:

(a.) Agricultural Plantation – refers to agricultural farm planting for commercial purposes;
(b.) Catchment Surface – the collection surface from which rainfall runs off;
(c.) Cluster-type Rainwater Catchment System – type of structure that serves as the common system
for a group of persons;
(d.) Commercial or Industrial Establishments – private buildings like malls, hotels, factory, plantations,
and the like;
(e.) Communal-Type or Cluster-Type of Rainwater Catchment System – type of structure that serves as
the common system for a community;
(f.) Filter – is the act of removing dirt or any matter suspended in the water by passing it through a
porous article or mass;
(g.) Gutter and Downspout – structures made to channel water from the roof to the tank;
(h.) Leaf Screens, First Flush Diverters and Roof Washers – components of the treatment and
disinfection sub-system of the rainwater harvesting system that remove debris and dust from the captured
rainwater before it goes to the tank;
(i.) Mass Media – those channels of communication especially newspapers, popular magazines, radio,
television, and internet (worldwide web) that reach a large number of people;
(j.) Private Building – refers to a structure which is not owned by the government;
(k.) Public Building – refers to a structure owned by either the local or the national government, including
those owned by Government-Owned and Controlled Corporations (GOCCs) with or without original
charters;
(l.) Rain or Rainwater – drops of freshwater that falls as precipitation from clouds or a type of
precipitation as a product of the condensation of atmospheric water vapor that is released on the Earth’s
surface;
(m.) Rainwater Catchment System (RCS) – hereinafter referred to as “RCS”, comprises the structure
and the process of maintaining the system. The structure consist of the catchment area (roof, platform,
ground, or any surface identified), the conveyance (gutter pipes, etc.) and the cistern (storage or tank). The
processes for maintaining water quality, process to determine water adequacy and special processes which
include, but not limited to, multi-storey, mix system, multi-use design and processes;
(n.) Rainwater Harvesting – the proper capture of rain water, storage and use;
(o.) Sewerage – refers to the removal of surface water and water matter by sewers;
(p.) Sewers – refers to a pipe or drain, usually underground used to carry off water and waste matter;
(q.) Storage Tanks or Cistern – the container where the harvested rainwater is stored; and
(r.) Tax Rebate – refers to a deduction in taxes or tax credits that may be granted to qualified persons
or entities for complying with the RCS requirements.

Article IV
RAINWATER CATCHMENT SYSTEM

Section 4. Basic Components of Rainwater Catchment System. – A Rainwater Catchment System or RCS
is composed of five basic components, namely: collection system (catchment surface); conveyance system
(gutters and downspout); storage system (storage tanks); treatment and disinfection system (leaf screen,
first flush diverters, roof washers); and drainage/sewerage system (rainwater and storm water drains).

Section 5. Classification. – Rainwater harvesting system in General Santos City is classified based on the
size and nature of catchment surface and based on whether the systems are urban and rural settings as
follows:

(a.) Small size RCS of individual residential and other types of buildings with a catchment surface equal
to or less than fifty (50) square meters;

(b.) Medium to large size RCS of residential buildings, including commercial, institutional, industrial and
agriculture establishments with a catchment surface greater than fifty (50) square meters;
(c.) RCS for apartments, duplex or multi-storey buildings in urbanized areas;

(d.) RCS with pervious or impervious catchment surfaces.

Section 6. RCS in Public and Private Buildings. – All construction of new commercial and industrial
buildings, including major renovations and expansions of existing public and private buildings, must include
an RCS which must be integrated in existing government buildings, specially public schools and public
markets. Owners of other existing private buildings are encouraged to install RCS.

Section 7. RCS in Concrete Residential Buildings. – The developers or owners, including the homeowners’
associations of new concrete residential building units shall install a Communal or Cluster-Type
RCS. Owners of existing concrete residential building units are encouraged to set-up their own RCS upon
the effectivity of this Ordinance.

Section 8. RCS in Agricultural Plantations. – RCS or Small Water Impounding Systems (SWIS) shall be
integrated in newly-established agricultural plantations. RCS or SWIS are encouraged to be built in existing
agricultural plantations upon the effectivity of this Ordinance.

Section 9. Other Priority Farms. – The Office of the City Agriculturist shall identify priority farms in the
agricultural sectors, other than agricultural plantations, which shall also be encouraged to put-up RCS or
Small Water Impounding System (SWIS), whichever is appropriate.

Article V
MULTIPLE USES OF HARVESTED RAINWATER

Section 10. General Statement on Multiple Utilization of Harvested Rainwater.-

a) To conserve water as well as energy, harvested rainwater stored in tanks and cistern shall be used
as additional water for non-health purposes such as for toilet flushing, general cleaning, gardening, laundry,
car washing, fire fighting, and construction. Use of such stored water for drinking should be with much
caution. The Department of Health (DOH) shall be the recognized agency for water quality tests needed to
warrant the potability of the stored water;

b) To reduce run off and flooding in sealed ground surfaces, proprietors of such areas must have
rainwater drainage/catchment systems that should recycle the run off and not create nuisance in other
places; and
c) To increase the holdback capacity of water, reduce run off and soil erosion, contain effluents, as
well as augment farm water supply; agricultural areas must have ground basins or structures that should
catch rainwater.

Section 11. Non-Potable Use. – The harvested rain in residential, commercial, industrial, or institutional
establishments, farms shall be used for flushing of toilets, general cleaning, washing of clothes and
landscape irrigation.
Section 12. Urban and Rural Agriculture, Backyard and Commercial Animal Raising.– Significant volume
of water harvested from the rain can supply the water requirement for sanitation and general cleaning of
urban agriculture, backyard, commercial animal raising and crop production.
Section 13. Potable Use. – Unless adequately treated, filtered or boiled harvested rainwater shall not be
used for drinking. The City Health Office, the Department of Health, or its accredited laboratories shall be
the recognized entities for water quality tests needed to warrant potability of the stored rainwater.

Article VI
MANDATORY PROVISION OF RCS

Section 14-A. RCS as a Requirement in the Issuance of Building Permit from the office of the Building
Official. – The establishment of RCS shall be a mandatory requirement in the issuance of a new building
permit for the establishment of private or public building. The Office of the Building Official shall prepare
guidelines on the classification of buildings according to type of occupancy, which shall be required to put-
up RCS with corresponding capacities.

Sec. 14-B. RCS as a Requirement in the Issuance of Development Permit for Subdivisions.

Article VII
MANDATORY DESIGN OF RAINWATER HARVESTING
AND FLOOD CONTROL SYSTEM IN URBAN AREA

Section 15. Design Integration of the Proper Harvesting, Storage and Utilization of Rainwater. – The proper
harvesting, storage and utilization of rainwater shall be integrated with the proper design, construction and
maintenance of drainage systems that will imitate the natural hydrology of the developed site.

Section 16. Design Integration for Roads, Open Air Parking Area, Recreational and Sports Facilities
Including Large Open Areas on Establishments. – Pervious and impervious surfaces in roads, open air
parking area, recreational and sports facilities, including large open areas on institutions or establishments
especially in urbanized areas shall be designed to catch rainwater which will reduce storm water peak flow
and surface runoff that will contribute to the reduction or mitigation of local flooding and erosion of canals
and enhance the quality of surface water in urban areas.
 Article VIII
THE CITY ENGINEER’S OFFICE AS THE IMPLEMENTING AGENCY

Section 17. The City Engineer’s Office and the Office of the City Planning and Development Coordinator. –
The City Engineer’s Office of General Santos shall be the primary agency in the implementation of the
provisions of this Ordinance. The City Planning and Development Coordinator’s Office shall provide
technical support to the City Engineer’s Office.

Section 18. Technical Assistance Services. – The City Engineer’s Office shall provide technical
assistance/services to households, commercial and industrial establishments and institutions in complying
with the provisions of this Ordinance.

Section 19. Simplified Technical Manual. – The City Engineer’s Office shall formulate a simplified technical
manual on planning and development of rainwater harvesting system which include the design,
construction, operation and maintenance of the RCS, water quality testing and treatment, water balance,
system sizing, rainwater harvesting guidelines and cost estimation.

Section 20. Comprehensive Rainwater Management Information and Education. – The Sustainable Waste
Management Board shall adopt strategies that will extensively promote and advocate rainwater harvesting
particularly in providing a comprehensive information and education on the advantages and benefits of
rainwater harvesting.

Section 21. Research and Development. – The Sustainable Waste Management Board shall collaborate
with the academe, professional organizations, and other entities in the research and development of
appropriate technology in harvesting rainwater for all types of RCS.

Section 22. Mass Media Campaign on Rainwater Education. – The Sustainable Waste Management Board,
in partnership with the City Public Information Office and the various media organizations, shall prepare
and implement a mass media plan for a regular information dissemination campaign and advocacy of the
provisions of this Ordinance.

Article IX
TAX REBATES AND OTHER INCENTIVES

Section 23. Subsidies and Tax Rebates. – The City Treasurer’s Office, with the assistance of the City
Engineer’s Office and City Agriculturist’s Office, shall prepare guidelines on the grant of subsidies and tax
rebates to owners of existing agricultural, residential, industrial, and commercial buildings or plantations
upon installation of an RCS in compliance with this Ordinance. The guidelines shall be submitted to the
Sangguniang Panlungsod for approval.
 Article X
ECOLOGICAL AND SEALING FEES
Section 24. Ecological Fee. – The City Treasurer’s Office, with the assistance of the City Engineer’s Office,
shall prepare guidelines on the fees to be collected from the owners of buildings without appropriate RCS
considering the volume of water withdrawn from the water utility that are used for non-potable purpose and
the volume of untreated water discharged to the manmade and natural waterways. The same shall be
submitted to the Sangguniang Panlungsod for approval.

Section 25. Sealing Fee. – In addition, the City Treasurer’s Office together with the City Engineer’s Office
shall formulate guidelines on the fees to be collected for the areas sealed or to be sealed due to the
development of a site such as roads, open air parking area, sports and recreational facilities and the like
considering the volume of the surface runoff and the untreated water discharged to the manmade and
natural waterways. The same shall also be submitted to the Sangguniang Panlungsod for approval.

Article XI
MONITORING AND EVALUATION

Section 26. Monitoring.– The City Planning and Development Office shall establish an update database on
all RCS in General Santos City.

Section 27. Evaluation.– After the effectivity of the Ordinance, the Office of the City Planning and
Development Coordinator shall prepare a report on the impact of rainwater harvesting, including the
management of freshwater resources of the City, the reduction or mitigation of local flooding and erosion
of canals, and the enhancement in the quality of surface water.

Article XII
PENAL PROVISIONS

Section 28. Penalties. – (a.) Any residential, commercial or industrial establishment found violating any of
the provisions of this Ordinance shall be given a notice to comply for a period of six (6) months;

1. If any residential, commercial or industrial establishment fails to comply despite such notice, a
penalty of Five Hundred Pesos (P500.00) shall be imposed to the owner of residential
establishment and One Thousand Pesos (P1,000.00) to commercial or industrial establishment;
 2. After five (5) months of refusal to abide with the said provision despite notice and initial fine, a
maximum fine of Five Thousand Pesos (P5,000.00) shall be imposed to residential, commercial or
industrial establishment;

3. For the continued refusal to abide by any of the said establishments, a fine of One Thousand Pesos
(P1,000.00) shall be imposed every month thereafter until compliance with the provision of this
Ordinance;

4. If the violator is a corporation or partnership or cooperative the president or manager shall be liable
thereof;

5. Where the violator of this Ordinance does not contest his or her apprehension and elect to pay the
fine imposed under the preceding paragraph, the enforcement officer shall forthwith issue citation
ticket to the person apprehended without resort to the Court. The citation ticket shall state or
contain (a.) the name, age and address of the person apprehended, (b.) the material facts obtaining
in the commission or omission of the crime defined and penalized under this Ordinance, (c.) the
amount of fine which is payable in favor of the City Government of General Santos, (d.) notice
requiring the person apprehended for extra-judicial settlement of his or her violation by paying the
prescribed amount of fine at the Office of the City Treasurer within seventy-two (72) hours from
issuance thereof, otherwise, appropriate complaint shall be filed against him/her before the court
of law.

Article XIII
FINAL PROVISIONS

Section 29. Moratorium on Existing Commercial or Industrial Establishments on Mandatory Provision of

RCS. – Existing residential, commercial or industrial establishments without RCS shall establish its own
RCS within five (5) years for commercial or industrial, and two (2) years for residential from the effectivity
of this Ordinance.

Section 30. Implementing Rules and Regulations. – The Office of the City Mayor and the Sustainable Waste
Management Board shall formulate and issue rules and regulations for the effective implementation of this
Ordinance within three (3) months from effectivity hereof.
Section 31. Utilization of Ecological and Sealing Fees. – The collected ecological and sealing fees shall be
used for the granting of incentives for compliance with this Ordinance including programs or projects for the
improvement of freshwater resources in the City.

Section 32. Separability Clause. – If for any reason, any section or provision of this Ordinance is declared
unconstitutional or invalid, the other sections or provisions hereof which are not affected thereby shall
continue to be in full force and effect.

Section 33. Repealing Clause. – All Ordinances, local issuances or rules which are inconsistent with the
provisions of this Ordinance are hereby repealed or modified accordingly.

Section 34. Effectivity Clause. – This Ordinance shall take effect on the day after fifteen (15) days following
its publication in a newspaper of general circulation within General Santos City.

Enacted by the Sangguniang Panlungsod, City of General Santos, on its 33rd Regular Session held on
March 3, 2011.

CERTIFIED CORRECT:

ATTY. ROSENDO A. ROQUE

Secretary to the Sanggunian

ATTESTED BY:

SHIRLYN L. BAÑAS-NOGRALES
City Vice-Mayor and Presiding Officer
Approved by Her Honor, the City Mayor on___________, 2011.
DARLENE MAGNOLIA R. ANTONINO-CUSTODIO
City Mayor