15.5 In case of failure to meet the targets set under Sec. 44-F, the obliged enterprise
shall pay the same fines set above or a fine twice the cost of recovery and diversion
of the footprint or its shortfall, whichever is higher.
15.6 In its effort to comply with RA 9003 and its Implementing Rules and Regulations,
the Municipality of Sta. Catalina passed Resolution No. 2008-057, enacting the
“Integrated and Ecological Solid Waste Management Ordinance of Sta. Catalina.”
Sections 41 and 42 of said ordinance outline the prohibited acts and corresponding
penalties. However, upon verification thereof, we noted inconsistencies with the
fines and penalties stipulated in RA 9003 and 11898. See Appendix 4 for details.
15.7 Furthermore, it is emphasized that RA 9003 requires that the prescribed fines be
increased by at least 10 percent every three years to account for inflation and
maintain the deterrent function of such fines. However, the above Resolution was
issued on February 19, 2008, more than 10 years ago. The Municipality still uses
the same Resolution for its Solid Waste Management.
15.8 These inconsistencies between the Municipality's solid waste management
ordinance and the fines and penalties specified in RA 9003 and 11898 have
significant implications. Primarily, the Municipality may be viewed as non-
compliant with national laws, exposing itself to enforcement actions and legal
consequences. This misalignment may also weaken the effectiveness of local law
enforcement, as lower or inconsistent fines might fail to deter violators, resulting
in continued improper waste disposal practices.
15.9 Additionally, public confusion may arise from the differing fines and penalties,
leading to misunderstandings about the legal obligations of residents and
businesses concerning solid waste management. Environmental degradation is
another potential consequence, as ineffective penalties might not deter illegal
dumping and other harmful waste practices, worsening pollution and ecological
damage. Lastly, the Municipality could miss out on potential revenue from fines
that could have been collected had the penalties been aligned with national laws.
15.10 We recommended and the Municipality’s Solid Waste Management Board
agreed to:
15.10.1 Conduct a comprehensive review of its existing solid waste
management ordinance to ensure alignment with the provisions of RA
9003 and 11898; and
15.10.2 Enhance enforcement strategies, to ensure that penalties are
consistently applied, discouraging violations and improving overall
waste management practices.
15.11 We further recommended and the MENRO agreed to conduct public
consultations and develop awareness campaigns to inform residents and
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