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Friday 3 August 2018

Filipina Sudah Malaysia Bila Lagi


Filipina Sudah Malaysia Bila Lagi



Philippines Plastic bag bans to reduce land based marine pollution






1.    Summary Plastic bags are ubiquitous: they can be seen blowing across parking lots, poking out of landfills, and drifting in the middle of the Pacific Ocean. As of 2014, the Earth Policy Institute estimated a trillion single-use plastic bags are used every year—nearly two million per minute. A plastic bag takes 400 to 1,000 years to break down in a landfill, while releasing carcinogenic chemicals into the environment. Many plastic bags, however, go through this breakdown process in places other than landfills—places like the world’s oceans. Almost 90 percent of floating marine debris is plastic, which is especially harmful to marine life because it accumulates and concentrates toxins in the ocean. Marine debris presents a serious threat to the environment, wildlife, and human health. Plastic breaks down into small particles called microplastics that end up in the food chain, harming fish and wildlife and posing a risk to human health. (See S. Wright et al., 2013.) The Philippines has a very high level of plastic bag consumption and plastic pollution of the marine environment. Moreover, on top of the universal threats from plastic pollution–such as marine life mortality, fisheries degradation and decreased beach value—the Philippines faces another danger: deadly flooding. In 2009, a tropical storm brought heavy rains to the Philippines that caused flooding in which approximately 400 people died. Drainage systems that should have helped alleviate the flooding didn’t function properly. Cleanups after the disaster revealed that garbage—primarily plastic bags—was responsible for blocking the drainage systems and making the typhoon so deadly. With this understanding, NGOs and policy-makers began advocating for plastic bag bans. As climate change exacerbates extreme weather events in the Philippines, the importance of bans has gained urgency. Muntinlupa City was the first local government in Metro Manila to implement a ban on plastic bags in 2011 (officially doing so via Ordinance 10-109). Benefits were readily apparent when the next typhoon hit and resulted in notably less flood damage. Ordinance 10-109 has had a domino effect as other cities follow suit with their own plastic bag bans. To date, the legal outcomes are: • Local governments across the Philippines, responding to campaigns from NGOs and communities, have initiated, adopted, implemented, and enforced plastic bag bans. • National-level decision-makers have proposed several bills in the House of Representatives and the Senate to harmonize and create a general rule on plastic bag use nationwide.
2. Legal Framework to Reduce Plastic Pollution: the first city bag ban In 2009, Typhoon Ondoy caused extensive damage in the Muntinlupa district of Metro Manila. The Environmental Sanitation Center estimated the costs of the typhoon at ₱ 420 million for the Muntinlupa city district. Plastic garbage was found to be responsible for clogging the waterways and drainage systems and making the damage much worse.
i. Ordinance 10-109 To address this problem, the municipality adopted Ordinance 10-109 the following year, “prohibiting the use of plastic bags on dry goods, regulating its utilization on wet goods and prohibiting the use of Styrofoam/styrophor in the city of Muntinlupa and prescribing the penalties thereof.” This was the first plastic ban in a Philippine urban area. The first pillar of Ordinance 10-109 is aimed at reducing and then eliminating the use of plastic bags as packaging materials. It established the following rules: • Business establishments are prohibited from using plastic bags on dry goods. • Use of plastic on wet goods is regulated; plastic shall not be used as secondary packaging for wet goods. • Styrofoam and styrophor are prohibited. No business establishment is allowed to use them as containers for products such as food. • Business establishments are forbidden from selling plastic bags for secondary packaging for wet and dry goods or primary packaging for dry goods. Violators can be sanctioned with escalating monetary fines, and the courts are authorized to suspend or cancel business permits at their discretion. 2 The government of Muntinlupa postponed the entry into force of the ban for one year to conduct community education on the bans and on alternatives to plastics. The second pillar of the ordinance is aimed at encouraging the use of alternative packaging materials, such as bags made of cloth, paper, banana leaves, etc. It also promotes the “Bring Your Own Bag/Bayong” scheme (BYOB). ii. Implementation and Enforcement In preparation for the ordinance’s entry into force in January 2011, several campaigns informed and educated customers about using alternative biodegradable materials. In January 2011, at the end of the moratorium, Muntinlupa City started to implement the ban. The Environmental Sanitation Center (“ESC”) strongly enforced the ban, sending enforcement officers to ticket violators in establishments all over the city. Additionally, the government ordered its 6,000 employees to bring reusable containers for their food and drinks. Since the implementation of the ban in 2011, 1,400 establishments have received fines, and 7 establishments that consistently violated the rules were shut down. Consumers are changing their habits and following the BYOB campaigns by bringing their own bag when grocery shopping (see http://nicamandigma.com/byob-muntinlupa-bans-plastic-bags/). 3. Legal Outcomes i. Other Provinces, Cities and Municipalities Have Also Banned or Regulated the Use of Plastic Bags Muntinlupa’s example set off a domino effect, with other cities starting to regulate plastic bag use. The City of Quezon adopted ordinances SP-2140 and SP-2103 in 2012, aiming to “effectively regulate the use of plastic bags in the city” (http://quezoncity.gov.ph). Ordinance SP-2140 institutes a fee of ₱2.00 for every use of a plastic bag, which goes to a Green Fund. Ordinance SP-2103 asks the businesses that use plastic bags to display a notice in their stores encouraging customers to bring their own reusable bags. It also implements a system of reward points for using recyclable bags, this system is used mainly by large businesses. Fines escalate from ₱1,000 for the first offense to ₱3,000 for the second offense to ₱5,000 or cancelation of business permits for the third offense. Las Pinas city followed with Ordinance 1036-11, which came into effect in January 2012. It prohibits the use of plastic bags to pack purchased goods and the use of polystyrene foams in containers. Businesses cannot offer or sell plastic bags for packaging or containers. The anti-plastic police enforce the no-plastic policy and make regular inspections within the city to ensure compliance. Sanctions for violations range from ₱1,000 to ₱5,000, and can carry a penalty of up to 6 months in prison and cancellation of business permits for one year in the case of repeated violations. As a result of this policy, the municipality has observed a 4% decline in the amount of plastic and polystyrene trash. In the City of San Fernando, Ordinance 2014-008, “The Plastic-Free Ordinance of the City of San Fernando, Pampanga” (2014), regulates the use of plastic bags and prohibits the use of polystyrene for 3 food products while promoting the use of reusable bags. The Ordinance started by instituting a ”Plastic Regulation Day” every Friday during which vendors were prohibited from packaging their wares in plastic bags for free. The prohibition was then extended to every day. Besides this phase-out of plastic bag use, the Ordinance also bans the use of polystyrene for food packaging and containers. Additionally, stores must make reusable and woven bags available to customers. The City Environment and Natural Resources Office (“CENRO”), in coordination with the Mother Earth Foundation, is responsible for the implementation of the Ordinance. CENRO is authorized to take enforcement actions, which range from investigating violations to meting out penalties. If businesses fail to comply multiple times, the penalties escalate: beginning with a warning, rising to fines, and finally cancelling a facility’s business permit for the 4th offense. A Plastic Waste Reduction Monitoring Team was created to assist in the effective implementation of the Ordinance’s waste reduction goals—25% reduction in the first year, increased by 10% every following year. A Trust Fund created by the Ordinance receives all fines. These fines are to be used for the Ordinance’s implementation and enforcement, and to encourage environmental and solid waste projects implemented in partnership with duly recognized NGOs. Other cities and municipalities have now adopted plastic bag bans: Makati city with Ordinance 2003- 095, Bacolod city with Ordinance 562, and Manila City with Ordinance 7393 in force from July 31, 2012. Several provincial-level bans are now in place that cover multiple cities and municipalities. The Provincial Ordinance 007-2012 of Cavite, for example, covers six cities and 17 municipalities. It gives very detailed prohibitions and regulations for the use of plastic for goods and commodities. It also requires all schools to teach their students how to make bags out of recyclable and environmentally friendly materials. The Ecowaste Coalition, a group of NGOs including GAIA, Mother Earth, Greenpeace and the Philippine Earth Justice Center, has developed an Ordinance template that can be adapted by other provinces and cities to accelerate adoption of their own plastic bag bans. ii. A National Plastic Bag Ban Is Proposed In 2011, several national bills were presented in the House of Representatives and the Senate to ban, phase out, tax or regulate the use of plastic bags in the country. Most of them were sent to Committees for further analysis and are blocked there as of 2015. In June 2011, Oscar Malapitan and other members of the House of Representatives presented the HB04840 proposition for the “Plastic Bag Regulation Act of 2011.” After the reports of the Committees on Ecology and Rules, the Bill was approved on second reading in August 2011 and transmitted to the Senate a few days later. It currently remains pending in front of the Senate Committees on Trade and Commerce, Environment, and Natural Resources and Finance. In 2013, a new series of bills (HBs 106, 359, 394, 1624, 3153, 3227, 3511, 3600, 5379, & 2202) regulating the production, importation, sale, provision, use, recovery, collection, recycling and disposal of plastic bags, were introduced in the House of Representatives that are quite similar to the Plastic Bag Regulation Act of 2011 (HB04840 proposition). The legislative package was passed out of the Committee 4 on Ecology on September 16th, 2015 and will be presented to a plenary session of the House and, if passed, will then be consolidated with a parallel version pending in the Senate. The Proposed National Plastic Bag Regulation Act would: Promote the Use of Biodegradable Bags – Section 3 of the bill requires commercial establishments to provide and promote biodegradable plastic bags and reusable bags to their consumers within six months of the Act going into effect. The bill asks specialized government departments to set up the national standard for biodegradable plastic bags, which will consider the level of recyclability of the bags. Require In-store Plastic Bag Recovery and Recycling Programs – The bill also requires commercial establishments to implement a recovery program within the store in order to incentivize customers to recycle their plastic bags in the store in the same place where they initially received them. The customer will have to bring back a plastic bag in order to get a new one or pay a fee. Phase-out of Non-biodegradable Plastic Bags – Section 5 is the core of the Act, establishing the complete phase-out of non-biodegradable plastic bags one year after when the Act goes into effect. After the one-year grace period, a total plastic bag ban will be applied, prohibiting production, importation, sale, distribution, provision, and use. Role of Provinces, Cities and Municipalities (known as Local Government Units (“LGUs”)) – Section 8 gives strength to the Act by organizing the collection, transportation, recycling, and disposal of plastic bags in each territorial jurisdiction. Fines and Penalties – The sanctions are detailed in Section 9. Violators will be penalized as follows: o First Offense: A fine not exceeding ₱100,000 o Second Offense: A fine not exceeding ₱250,000 o Third Offense: A fine not exceeding ₱500,000 o Fourth Offense: A fine not exceeding ₱750,000 and automatic revocation of the business permit. The revenue from the fines is to be used to improve the waste management capability of the local municipal area where the store is located. Another parallel bill, the Total Plastic Ban Act of 2011, was introduced in the Senate in March 2011 and also remains pending in the Committees. The purpose of the proposed act is to implement a total plastic ban throughout the country: “The use of plastic bags in all establishments is to be prohibited, with corresponding penalties for its violation, with the objective of curbing pollution and helping the country manage its ecological assets more judiciously” (Act, Explanatory Note). 5 Declaration – The proposed act starts by affirming and recognizing the right to a “balanced and healthful ecology in accord with the rhythm and harmony of nature.” It also declares that “it is the policy of the State to protect and advance [this] right.” (Section 2) Prohibition – Use of non-biodegradable plastic bags is prohibited for groceries, supermarkets, public markets, restaurants, fast food chains, department stores, retail stores, and other similar establishments. Only recyclable paper bags and biodegradable plastic bags can be used. (Section 3) Penalties – Violators will be penalized as follows: o First Offense: A fine of ₱10,000 o Second Offense: A fine of ₱50,000 o Third Offense: A fine of ₱200,000 and the suspension of their business permit for a period of one year. (Section 4) Implementation – The Department of Environment and Natural Resources, the Department of Interior and Local Government, and the Department of Trade and Industry are responsible for implementing the ban. They will need to consult with consumer groups, plastic producers and any other affected groups to responsibly implement the ban (Section 6). The Department of Science and Technology is tasked with assisting plastic manufacturers in acquiring the appropriate technology for the manufacture of recyclable paper bags, biodegradable bags, and/or reusable plastic bags. (Section 7) 4. Assessment of Plastic Pollution Reduction Today, multiple provinces, cities, and municipalities across the Philippines are regulating, restricting or banning the use of plastic bags. The proliferation of local ordinances with different requirements has caused some confusion and driven a renewed push for a national approach to stem plastic bag waste. Bills are pending in both the House and Senate. But national decision-makers pushing for a ban ran into a barrier: the plastic industry. The industry, which claims to employ more than 200,000 workers in the Philippines, has pushed back, publishing several responses to local bans and challenging the ordinances in the courts. Muntinlupa City decreased its daily waste collection after enacting its ordinance from an average of 131 tons per day in 2010 to an average of 127 tons per day in 2011, a significant decrease of 4 tons per day. The local government estimates that 90% of the city’s establishments comply with the law. When Typhoon Falcon hit Muntinlupa City in July 2015 there was less flooding damage, and posttyphoon cleanups collected less plastic bag waste than they had six years earlier after Typhoon Ondoy. In Las Pinas City, the total amount of garbage collected decreased 37% after the regulation was implemented, and only 4% of the garbage collected was plastic or Styrofoam (Fernando 2012). 6 Customers have started changing their habits where the ban is implemented; for example, they have begun to carry their own reusable bags. (See http://dezalyx.hubpages.com/hub/Plastic-Ban-in-thePhilippines-One-City-at-a-Time). 5. More resources Worldwide: • Downfall Plastic Bag Global Picture • Plastic Pollution • http://www.earth-policy.org/plan_b_updates/2013/update123 • http://www.environment.ucla.edu/media/files/Pritzker-Paper-5-04-iro.pdf
• Plastic bags laws in the US – overview: http://plasticbaglaws.org/
 In the Philippines:


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