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PROPOSED ORDINANCE NO. 2015-_____

2AN ORDINANCE FOR THE PROPER HARVESTING, STORAGE


3AND UTILIZATION OF RAINWATER IN CAGAYAN DE ORO CITY,
4AND FOR OTHER PURPOSES
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Introduced by Hon. Ramon G. Tabor


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BE IT ORDAINED by the Sangguniang Panlungsod of Cagayan
8de Oro City in session assembled that:
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Chapter I
TITLE

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SECTION 1 Short Title - This ordinance shall be known as
12the Cagayan de Oro City Rainwater Ordinance of 2015.
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Chapter II
DECLARATION OF POLICY

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SECTION 2 Declaration of Policy - It is hereby declared the
16policy of Cagayan de Oro City to pursue sustainable development
17within the context of a balanced ecology through the appropriate and
18judicious use of natural resources giving utmost consideration to the
19protection and conservation of the environment and by adapting to the
20impacts of climate change. Towards this end, the city shall:
21a)
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Promote the proper harvesting, storage and utilization of rainwater


as a viable alternative source of water supply primarily for nonpotable use including domestic usage for flushing of toilets, general
cleaning, washing of clothes, urban agriculture, landscape
irrigation and supplement water source for industrial, commercial,
institutional, agricultural usage;

27b)
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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 pollution in
urban areas;

33c)
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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;

38d) Enact and enforce policies towards the promotion of the proper
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harvesting, storage and use of rainwater.
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Chapter III
DEFINITION OF TERMS

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SECTION 3 Definition of terms As used in this Ordinance,
44the herein terms shall be construed as follows:
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46a) Agricultural Plantations
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commercial purpose;

refers

to

agricultural

farms

for

48b) Catchment surface - the collection surface from which rainfall runs
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off;
50c) Clustertype Rainwater Catchment System (RCS) type of
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structure that would serve as the common system for a group of
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persons;
53d) Commercial and Industrial Establishments private buildings like
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malls, hotels, factory plantations and the like;
55e) Communaltype or Cluster-type of Rainwater Catchment System
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(RCS) type of structure that serves as the common system for a
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community;
58f) Filter is the act of removing dirt or any matter suspended in the
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water by passing it trough a porous article or mass;
60g) Gutters and downspout to channel water from the roof to the
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tank;
62h)
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Leaf screens, first flush diverters and roof washers components of


the treatment and disinfection subsystem of the rainwater
harvesting system which will remove debris and dust from the
captured rainwater before it goes to the tank;

66i) Private Buildings refer to structures which are not owned by the
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government;
68j)
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Public Buildings refer to structures owned by either the local or


the national government, including those owned by governmentOwned and Controlled Corporations (GOCCs) with or without
original charters;

72k) Rain or rainwater drops of freshwater that falls as precipitation


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from clouds or a type of precipitation as a product of condensation
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of atmospheric water vapor that is released on the earths surface;
75l)
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Rainwater Catchment System (RCS) comprise 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 tanks). The processes for maintaining the system
includes accessories and procedures 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;

84m) Rainwater harvesting is simply defined as proper capture of rain


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water, storage and use;
86n) Sewerage refers to the removal of surface water matter by
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sewers;
88o) Sewers refers to a pipe or drain, usually underground used to
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carry of water and waste matter;
90p) Storage tanks or cistern the container where the harvested
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rainwater is stored;
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92q) Tax Rebates refers to a reduction in taxes or tax credits that may
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be granted to qualified persons or entities for complying with the
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RCS requirements.
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Chapter IV
RAINWATER CATCHMENT SYSTEM

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SECTION 4
Basic Components of Rainwater Catchment
99System (RCS) A Rainwater Catchment System (RCS) is composed
100of five basic components, namely: collection system (catchment
101surface), conveyance system (gutters and downspout), storage system
102(storage tanks), treatment, and disinfection system (leaf screen, first
103flush diverters, and roof washers) and drainage/ sewerage system
104(rainwater and storm water drains).
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SECTION 5 Classification Rainwater harvesting system in
106Cagayan de Oro City shall be classified based on the size and nature of
107catchment surface and based on whether the systems are of urban or
108rural settings, as follows;
109a) Small size RCS of individual residential and other types of buildings
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with a catchments surface equal to or less than fifty (50) square
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meters;
112b)
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Medium to large size RCS of residential buildings including


commercial,
institutional,
industrial
and
agricultural
establishments with a catchment surface greater than fifty (50)
square meters;

116c) RCS for apartments, duplex or multi-storey buildings in urbanized


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areas; and
118d) RCS with pervious or impervious catchment surfaces.
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SECTION 6 RCS in Public and Private Buildings (a) All
121construction of new commercial and industrial buildings including
122major renovations and expansions of existing public and private
123buildings shall include an RCS.
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(b) RCS shall be integrated in existing government buildings,
126especially public schools and public markets. Owners of other existing
127buildings are encourage to install RCS.
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SECTION 7 RCS in Residential Buildings The developers
130and owners, including the homeowners associations of new
131residential building units may install a communal or cluster type RCS;
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Owners of existing residential building units are encouraged to
134set-up their own RCS upon the effectivity of this Ordinance.
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SECTION 8 RCS in Agricultural Plantation RCS or Small
137Water Impounding System (SWIS) shall be integrated in newly138established agricultural plantations. RCS or SWIS are encouraged to
139be built in existing plantations from the effectivity of this ordinance.
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SECTION 9
Other Priority Farms - The Agricultural
142Productivity Office (APO) shall identify priority farms in the
143agriculture sector, other than agricultural plantations, which shall also
144be encouraged to put-up RCS or Small Water Impounding System
145(SWIS), whichever is appropriate.
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Chapter V
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MULTIPLE USES OF HARVESTED RAINWATER
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SECTION 10 General Statement on Multiple Utilization of
151Harvested Rainwater:
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153a)
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To conserve water as well as energy, harvested rainwater stored in


tanks and cisterns 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 done 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;

161b)
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To reduce runoff and flooding in sealed ground surfaces,


proprietors of such areas must have rainwater drainage/catchment
system that should recycle the runoff and not create nuisance in
other places.

165c)
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To increase the hold back capacity of water, reduce runoff and soil
erosion, contain effluents as well as augment farm water supply,
agricultural areas shall have ground basins or structures to catch
rainwater.

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SECTION 11
Non-potable use The harvested rain
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in residential, commercial, industrial, institutional
172establishments and agricultural farm shall be used for flushing of
173toilets, general cleaning, washing of clothes and landscape irrigation.
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SECTION 12 Urban and Rural Agriculture, Backyard and
175Commercial Animal Raising Significant volume of water
176harvested from the rain can supply the water requirement for
177sanitation and general cleaning of urban and rural agriculture,
178backyard, commercial animal raising and crop production.
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SECTION 13 Potable Use Unless adequately treated, filtered
180or boiled, harvested rainwater shall not be used for drinking. The City
181Health Office or the Department of Health or its accredited
182laboratories shall be the recognized entities for water quality tests
183needed to warrant potability of the stored rainwater.
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Chapter VI
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MANDATORY PROVISION OF RCS
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SECTION 14
RCS as a Requirement in the Issuance of
189Building Permit No new building permit and new occupancy
190permit shall be issued by the Office of the Building Official for
191buildings without provision for the putting up of RCS. The Office of the
192Building Official shall prepare guidelines on the classification of
193buildings according to type of occupancy which shall be required to
194put-up RCS with corresponding capacities.
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Chapter VII
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MANDATORY DESIGN OF RAINWATER
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HARVESTING AND FLOOD CONTROLS
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SYSTEMS IN URBAN AREAS
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SECTION 15
Design Integration of the Proper
202Harvesting, Storage and Utilization of Rainwater The proper
203harvesting, storage and utilization of rainwater shall be integrated
204with the proper design, construction and maintenance of drainage
205systems that will imitate the natural hydrology of the developed site.
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SECTION 16
Design Integration for Roads, Open Air
207Parking Area, Recreational and Sports Facilities Including
208Large Open Areas on Establishments Pervious and impervious
209surfaces in roads, open air parking area, recreational and sports
210facilities including large open areas on institutions and establishments
211especially in urbanized areas shall be designed to catch rainwater
212which will reduce storm water peak flow and surface runoff that will
213contribute to the reduction or mitigation of local flooding and erosion
214of canals and enhance the quality of surface water in urban areas.
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Chapter VIII
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TAX REBATES AND OTHER INCENTIVES
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SECTION 17
Subsidies and Tax Rebates The City
220Treasurers Office with the assistance of the Office of the Building
221Official and Agricultural Productivity Office shall prepare guidelines
222on the grant of subsidies and tax rebates to owners of existing
223agricultural, residential, industrial, and commercial buildings or
224plantation of an RCS in compliance with this ordinance. The
225guidelines upon recommendation of the CORDA shall be submitted to
226the Sangguniang Panlungsod for approval through an Ordinance.
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Chapter IX
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ECOLOGICAL AND SEALING FEES
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SECTION 18
Ecological Fee There shall be levied
232ecological fees from the owners of buildings without appropriate RCS
233considering the volume of water withdrawn from the water utility that
234are used for non-potable purpose and the volume of untreated water
235discharge to the manmade and natural waterways. The rate of fees
236and the corresponding guidelines therefor shall be prepared by the
237City Treasurers Office with the assistance of the Office of the Building
238Official and upon recommendation of the CORDA shall be submitted to
239the Sangguniang Panlungsod for approval through an Ordinance.
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SECTION 19 Sealing Fee There is hereby likewise imposed
242sealing fee for the areas sealed or to be sealed due to the development
243of a site such as roads, open air parking area, sports and recreational
244facilities and the like considering the volume of the surface runoff and
245the untreated water discharge to the manmade and natural
246waterways. The rate of fees and the corresponding guidelines therefor
247shall be prepared by the City Treasurers Office with the assistance of
248the Office of the Building Official and upon recommendation of the
249CORDA shall be submitted to the Sangguniang Panlungsod for
250approval through an Ordinance.
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SECTION 20 Ecological and Sealing Fees Proceeds The
253collected ecological and sealing fees shall be used for the grant of
254incentives for compliance with this Ordinance including programs or
255projects for the improvement of freshwater resources in the city.
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Chapter X
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CAGAYAN DE ORO RIVER DEVELOPMENT AUTHORITY
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SECTION 21 Implementing Office - The Cagayan de Oro
261River Development Authority (CORDA), in addition to its regular
262function, shall be the primary implementing body of this Ordinance.
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SECTION 22 Secretariat The Office of the Building Official
264(OBO) shall provide secretariat support to assist the CORDA thereto.
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SECTION 23 Duties of CORDA It shall be the duty of the
266CORDA to:
267a) provide technical assistance/services to households, commercial
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and industrial establishments and institutions in complying with
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the provisions of this Ordinance.
270b)
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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.

275c)
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adopt strategies that will extensively promote and advocate


rainwater harvesting particularly providing a comprehensive
information and education on the advantages and benefits of
rainwater harvesting.

279d) collaborate with the academe, professional organizations, and


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other entities in the research and development of appropriate
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technology in harvesting rainwater for all types of RCS.
282e)
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prepare and implement a media and communications plan for a


regular information dissemination campaign and advocacy in
partnership with the City Information Office and the various media
organizations In partnership with the City Information Office and
the various media organizations.

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287f) establish a monitoring system to have an update on all RCS in
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Cagayan de Oro City.
289g)
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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 after the effectivity of
this ordinance.

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Chapter XI
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PENAL PROVISIONS
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SECTION 24 Penalties Any person or persons, business
299entity or corporation found violating any of the provisions of this
300ordinance shall be penalized with a fine of One Thousand Pesos
301(P1,000.00) but not exceeding Five Thousand Pesos (P5,000.00),
302and/or imprisonment for a period of six (6) months but not exceeding
303one (1) year at the discretion of the court.
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Chapter XII
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IMPLEMENTING RULES AND REGULATIONS
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SECTION 25 Implementing Rules and Regulations The
309CORDA shall formulate the Implementing Rules and Regulations of
310this Ordinance within one (1) year from approval hereof.
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Chapter XIII
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FINAL PROVISIONS
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SECTION 26 Separability Clause If for any reason, any
316section or provision of this Ordinance is declared unconstitutional or
317invalid, the other sections or provisions hereof which are not affected
318thereby shall continue to be in full force and effect.
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SECTION 27 Repealing Clause All Ordinance, local issuance
320or rules inconsistent with the provisions of this Ordinance are hereby
321repealed or modified accordingly.
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SECTION 28 Effectivity Clause This Ordinance shall take
323effect after fifteen (15) days following its publication in a local
324newspaper.
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APPROVED.
Respectfully filed:

RAMON G. TABOR
City Councilor
Presiding Officer Protempore
Author
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