EXCERPTS FROM THE MINUTES OF THE 113^TH REGULAR SESSION OF THE 6^th SANGGUNIANG PANLUNGSOD BATCH 2016-2019 OF THE CITY OF TABACO HELD AT THE SESSION HALL, LOCATED AT THE SECOND FLOOR TABACO CITY HALL BUILDING ON OCTOBER 01, 2018.

Present:

Hon. Nestor T. San Pablo                             City Vice Mayor & Presiding Officer.

Hon. Luis Renir B. Burce                                President Pro-Tempore & Member,

Hon. Sheina Marie C. Onrubia                               Floor Leader & Member,

Hon. John Gio Ong-Bongao                              Assistant Floor Leader & Member,

Hon. Roderick P. Martirez                                             Member,

Hon. Arnaldo B. Bragais                                                Member,

Hon. Raul Roi B. Borejon                                              Member,

Hon. Oscar R. Rocha                                                     Member,

Hon. Julio C. Azada Chua, Jr.                                        Member,

Hon. Hector D. Rodriguez                                             Member,

Hon. Danilo C. Buenconsejo                                          Member,

Hon. Eddie S. Perol                                             Pres., LMB & Member, &

Hon. Allan Earvin S. Burce                            Pres., SK Pederasyon & Member.

Absent:

N         O         N         E

 Proponents:     HON. LUIS RENIR B. BURCE

                        HON. DANILO C. BUENCONSEJO

City Ordinance No. 016- 2018

AN ORDINANCE PROHIBITING THE EXTRACTION OF QUARRY RESOURCES WITHIN FOUR METERS (4 M) FROM DIKE AND ONE KILOMETER (1 KM) UPSTREAM AND DOWN STREAM OF ANY BRIDGE WITHIN THE DECLARED OR DESIGNATED QUARRY ZONES AND ALL RIVER CHANNELS IN THE CITY OF TABACO, PROVINCE OF ALBAY.

BE IT ORDAINED by the Sangguniang Panlungsod of Tabaco, that:

SECTION 1. TITLE. This Ordinance shall be known as “RIVER DIKE PROTECTION ORDINANCE OF THE CITY OF TABACO”.

SECTION 2. PURPOSE. This Ordinance is enacted to protect the dike and bridge structures constructed within quarry zones and river channels from unplanned extraction of quarry resources that threaten the ground stability of such structures.

SECTION 3. AUTHORITY. This Ordinance is enacted pursuant to Section 458 (2) (vi) of Republic Act No. 7160 or the Local Government Code of 1991.

SECTION 4. DEFINITION OF TERMS. As used in this ordinance, the following terms shall be defined as follows:

1. Bridge – refers to a structure, made with concrete, steel or box culvert, built to span physical obstacles without closing the way underneath such as a body of water, valley, or road, for the purpose of providing passage over the obstacle;
2. Dike – also known as dyke, embankment, floodbank or stopbank is an elongated naturally occurring ridge or artificially constructed fill or wall, which regulates water levels. It is usually earthen and often parallel to the course of a river in its floodplain or along low-lying coastlines;
3. Permit – means the license given by the Provincial Government of Albay to engage in quarrying activities or business, or to practice certain privileges in quarrying with several kinds such as communal extraction, gratuitous, industrial, and special permits as well permits for personal use.
4. Person – refers to a natural or juridical, corporation, trust, firm, partnership, association, institution and/or other entity;
5. Quarrying – means the process of extracting, removing and disposing quarry resources.
6. Quarry Resources – refers to any common rock, boulder, gravel, construction aggregate, sand and earth fill materials or other materials as the Director of Mines and Geosciences Bureau (MGB) may declare to be quarry resources;
7. Quarry Zone – refers a place from which quarry resources such as rock, construction aggregate, sand, gravel, or earth fill materials or other materials as the Director of Mines and Geosciences Bureau (MGB) may declare to be quarry resources has been excavated from the ground. A quarry is the same thing as an open-pit mine from which minerals are extracted.
8. River – natural flowing watercourse consists of water, a bed and banks.

SECTION 5. PROHIBITION. It is strictly prohibited to extract any quarry resources within four meters (4 meters) from the foundation of the dike and one kilometer (1 km) from upstream and downstream of the bridge structure of any declared or designated quarry zones and all river channels in the City of Tabaco.

SECTION 6. EXEMPTION.  Extraction of quarry resources within the four meters (4 m) from the dike and one kilometer (1 km) from the upstream and downstream of the bridge structure may be allowed for heavily silted rivers and upon the recommendation of the City Engineering Office (CEO) and City Environment and Natural Resources Office (CENRO) after conducting proper survey and evaluation as to the depth and volume of silt that must be extracted and in no case, the extraction of quarry resources may hamper or affect its stability and strength.

SECTION 7. PENALTY. Any person found violating any provision of this ordinance shall be penalized as follows:

First Offense                             –           Three Thousand Pesos (₱ 3,000.00)

Second Offense                         –           Four Thousand Pesos (₱ 4,000.00)

Third and succeeding Offenses   –           Five Thousand Pesos (₱ 5,000.00) and

imprisonment of six (6) months upon the

discretion of the court

SECTION 8. CREATION OF TABACO CITY QUARRY TASKFORCE. The City Mayor is hereby authorized to create a Taskforce from the organic employees of the City Environment and Natural Resources Office (CENRO) and City Engineering Office (CEO), and concerned barangays. The taskforce shall be headed by CENRO, with shall have the following functions:

1. Check and inspect all river channels in the city and quarry zones or concession areas of all permittees of the Provincial Government of Albay to ensure that the provision of this ordinance is strictly implemented, and ensures that the quarry operations would not endanger the surrounding environment;
2. Recommends to the City Mayor for endorsement to the Provincial Government Albay the revocation of Permit for non-compliance with the provision of this ordinance and upon findings that the permittee is not ensuring or making appropriate environmental safety during quarry operations;
3. Perform other functions and those that the City Mayor may assign from time to time in connection with the provision of this ordinance.

SECTION 9. REPEALING CLAUSE. All ordinances, rules or regulations or part thereof that are inconsistent with the provisions of this ordinance shall be repealed and modified accordingly.

SECTION 10. EFFECTIVITY. This ordinance shall take effect immediately upon review of the Sangguniang Panlalawigan and upon compliance with the posting/publication required under the Local Government Code of 1991.

APPROVED, this 1^st day of October 2018.

We hereby certify to the correctness of the foregoing Ordinance.

(Sgd.)

                           LUIS RENIR B. BURCE                  DANILO C. BUENCONSEJO

                                      Proponent                                              Proponent

                                                         NESTOR T. SAN PABLO

                                                  City Vice Mayor & Presiding Officer

Attested:

GLENDA B. PANTI                                       

Secretary to the Sangguniang Panlungsod          

                                                                                    Approved:

                                                                                    CIELO KRISEL LAGMAN-LUISTRO

                                                                                                         City Mayor