Page:Urbiztondo Ordinance no. 1- 2022.pdf/40

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materials, construction, alteration, demolition or wrecking or industry-related activities such as loading, storing or handling without giving reasonable precautions to prevent the occurrence of such condition. Neither shall such person cause or permit the discharge of visible fugitive dust emissions beyond the boundary line of the property from which the emission originates;

b. Storing, dumping, handling, processing, unloading or using in any process or installation, volatile compounds or organic solvents without applying known vapor emission control devices or systems deemed necessary, and approved and ordered by the Mayor, as the case may be, or appropriate national agency;

c. Operating plant/source at capacities exceeding the limits of operation or capability of a control device to maintain air emission within standard limitations as provided under existing national laws, rules and regulations;

d. Building, erecting, installing or using any article, machine, equipment or other contrivance, the use of which will conceal emission which would otherwise constitute a violation of any of the provisions of this Code;

e. Any person intending to build, erect or install any chimney, from or through which air impurities may be emitted, shall obtain a prior approval from the Mayor. This requirement shall not apply for a chimney serving a private residence;

f. It shall be unlawful for any operator of a vehicle to allow it to discharge air pollutants at levels greater than the acceptable concentration standard prescribed by the DENR;

g. Causing, allowing or permitting the discharge of air pollution that cause or contribute to an objectionable odor;

h. Building, erecting, constructing, installing or implanting any new source; operate, modify, or rebuild an existing source; or by any means cause or undertake any activity which would result in ambient noise level higher than the ambient standards. Neither shall such person emit or cause to emit or suffer to be emitted noise greater in volume intensity or quality than the levels prescribed by the DENR for tolerable noise without first securing a clearance from the Municipal Mayor, and

i. Causing or permitting the creation of any unnecessary noise through the use of any device on any street adjacent to any hospitals, schools, or courts of justice.

Sec. 18. Penalties. Violation of Section 17 pars. (a), (b), (c), (d) of this Article shall be penalized and be fined an amount of not less than Five Hundred Pesos (P500) but not to exceed Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of not less than thirty days but not to exceed six (6) months or both fine and imprisonment at the discretion of the court. Violation of Section 17 pars. (e), (f), (g), (h), (i) under this Article shall be penalized and be fined an amount of not less than Five Hundred Pesos (P500) or both fine and imprisonment of thirty (30) days at the discretion of the court.

ARTICLE X

ECOLOGICAL SOLID WASTE MANAGEMENT

Sec. 1. Scope of Powers. In addition to his powers, duties and functions, the Municipal Mayor shall adopt adequate measures to safeguard and conserve land, mineral and other resources, as provided under Sections 389(b)(99) and Section 444(b)(3)(vii) of RA 7160 respectively, by providing the following services and facilities on ecological solid waste management.

a. For barangays, services and facilities related to general hygiene and sanitation, beautification and waste collection, pursuant to Section 17(b)(1)(v), RA 7160; and segregation and collection of solid waste specifically for biodegradable, compostable and reusable wastes pursuant to Section 10 of RA 9003;