1 DUSE oF REPRESENTATIVES

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Republic of the Philippines ayy
HOUSE OF REPRESENTATIV! TIME cu

Quezon City, Metro Manila | BY : 1

SEVENTEENTH CONGRESS.
First Regular Session PESISTROTION UNIT

BILLS AND INDEX SERVICE
House Bill No, BLOG —

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay — Villar

EXPLANATORY NOTE

That prevention is better than a cure is a keystone of health policy, the only way to completely
avoid the harm brought about by illness and disease. And in tum, one of the foundations of
prevention is sanitation, a means to ensure that human refuse does not contaminate our food or
water supply. Such contamination can have drastic consequences -- even several years ago, data
showed that "more than 20 million Filipinos have no access to proper sanitation, seven million of
them still practiced open defecation; and that half of septic tanks in the country had not been
emptied for the past five years" which led to an estimate fily-five deaths daily, cach one
preventable.’ Each one due to a failure of sanitation,

While reforms have been introduced in the past few years -- the 2014 Annual Poverty Indicators
Survey (APIS), 85.5 percent of the 22.7 million families have access to safe water supply or
‘water, while 94.1 percent of families have access to sanitary toilet facility’ -- there is still much
left to be done, The availability of a toilet facility inside the house, by itself, is not enough to
constitute good, sustainable sanitation, Sustainable sanitation must encompass community-wide
ation systems designed to properly treat and dispose waste, as well as a comprehensive
review and implementation of the national sanitation program optimized for the Philippine
setting.

This bill, filed as a counterpart of Senate Bill No, 719 with the support of its author, Senator
Cynthia Villar, secks to promote sustainable sanitation by strengthening and expanding, the
services of the Sanitation Unit of the Department of Health, and by amending Seetions 3 and 103
of Presidential Decree 856 also known as the Sanitation Code.

bender. iH, Kallas
EMMELINE Y. AGLIPAY = VILLAR
Representative, DIWA Party-list

» http:/Auwormanilatimes.net/denr-rushes-national-sewer-septage-system/42889/
» https://psa.gov-ph/content/how-we-fare-mdg-target-families-access-sanitary-tolet-failty-and-access-safe:
water-supply

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

ENTH CONGRESS
First Regular Session 09

House Bill No.

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay ~ Villar

AN ACT
STRENGTHENING THE SUSTAINABLE SANITATION PROGRAM BY
REORGANIZING THE SANITATION UNIT OF THE DEPARTMENT OF HEALTH,
AND PROVIDING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in
Congress assembled:

Section 1. Short Title. This Act shall be known as the “National Sustainable Sanitation Act of
201

Section 2, Declaration of Policy. The state shall pursue a policy on sustainable sanitation to
protect public health and human development as a fundamental human right. As such, i€ shall be

guided by the following policy statement

1. Sanitation is both a social and economic good. It is essential for basic health and dignity of the

person,

2, Sanitation poticies, plans and programs must be localized and its management decentralized at
the lowest level possible.

3.
promoting good sanitation

ty of all citizens, Different stakeholders must be involved in
nd hygiene pra

anitation is @ responsib

4, Sanitation systems must be financially sustainable, economically affordable, socially and

culturally acceptable,

5, Good sanitation contributes to environmental sustainability and penalizes polluters.

6, Sanitation services must be responsive and shall include capacity development for
consideration of appropriate technologies, financing and management options at various levels.

7. Proper resource conservation, re-use, recycle and recovery of sanitation by-products will be

considered.
8. Access to sanitation should be equitable and sensitive to gender differences.

9. Efficient water governance includes sanitation,

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Section 3. Definition of Terms. As used in this Act, the following terms shall mean:

a) Ecological Sanitation ~ refers to a system that separates urine and feces and provides for the
safe recycling of exereta resources (plant nutrients and organic matter) to crop production in such
a way that the use of non-renewable resources is minimized,

b)

Excreta ~ refers to both human feces and urine.

) Sanitation ~ refers to a wide range of services and arrangements pertaining to the hygienie and
proper management of human exereta and community liquid wastes to safeguard the health of
individuals and communities. This is usually concerned with preventing diseases by hindering
pathogens or disease-causing organisms found in exereta and wastewater from entering the
environment and coming into contact with people and communities. This also involves the
construction of adequate collection and disposal/reuse facilities and the promotion of proper
hygiene behaviour so that facilities are effectively used at all times.

dl) Septage ~ means the sludge produced on individual onsite wastewater disposal systems.
principally septic tanks and cesspools.

€) Sewage ~ means water-borne human or animal wastes excluding oil or oil wastes removed
from residences, buildings, institutions, industrial and commercial establishments,

1) Sewerage ~ refers to any system or network of pipelines, ditches, channels or conduits
including pumping stations, lift stations and force mains, service connections including other
constructions, devices and appliances appurtenant thereof, which includes the collection,
transport, pumping and treatment of sewage to a point of disposal

2) Sludge ~ means any solid, set lc or residue generated from a wastewater
treatment plant, water supply treatment plant, or water control pollution facility, or any other

such waste having similar characteristics and effects

solid or liquid wa

+) Sustainable sanitation system ~ a system that protects and promotes human health, minimizes
degradation and the depletion of the resource base It is technically and
al acceptability and economic viability in the

appropriate, while maintaining so

long term,

i) Treatment ~ means any method, technique, or process designed to alter the physical, chemical
or biological and radiological character or composition of any waste or waste water to reduce or
prevent pollution.

4) Universal Coverage ~ one hundred percent (100%) of total households have their own sanitary
toilet facilities

k) Zero Open Defecation ~ refers to the state of no defecation in open public places, community
is said to have zero open defecation when 100% of its households have their own sanitary toilets.

Section 4. The Strengthening of the Sanitation Unit. For purposes of carrying out the declared
policy in Section 2, itis hereby established that the present Sanitation Unit, hereinafter called the
Unit, under the Department of Health be strengthened through additional support services and
appropriate funds as per recommendation of the Department of Health, It shall be an autonomous
unit directly under the Office of the Health Secretary.

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The Unit shall be headed by an Administrator who is a sanitation engineer, or equivalent
qualification, with at least five (5) years distinguished service and experience in any of the
following fields: waterworks, sanitation management, and health, The administrator shall receive
compensation, benefits, privileges and other emoluments equivalent to an Undersecretary of the
DOH

Section 5. Objectives of the Unit, The Unit shall have the following objectives:

1, To establish the policy guidelines for the implementation of sustainable sanitation ineluding
regulatory and institutional arrangements;

2. To promote rapid expansion of sanitation coverage throughout the Philippines in partnership
with different stakeholders; and

3. To set national targets and directions that will guide national and local plans and programs on
sustainable sanitation.

Section 6. Powers and Functions of the Unit. The Unit shall oversee the preparation and
implementation of local sustainable sanitation management plans and prescribe policies to
achieve the objectives of this Act, The Unit shall undertake the following activities:

. Prepare and regularly update the National Sustainable Sanitation Management Framework

2. Lead inter-agency implementation of the National Sustainable Sanitation Program;

3. Develop and implement a program to provide technical and other capability building
assistance and support (0 local government units in the development and implementation of local
sustainable sanitation plans;

4, Review and monitor national agency and local government sustainable sanitation plans in
accordance with its rules and regulations;

5, Develop and implement a national pro-poor sanitation program that will target to achieve zero
open defecation nationwide and one hundred percent sanitation coverage of all households by
2016;

6, Establish and manage the Sanitation Progeam Fund of the DOH;

7. Monitor and regularly report to the publie, through the DOH, the national account for

sanitation;

8. Formulate the necessary education promotion, information campaign and social marketing
strategies;

9. Spearhead the research and development of the knowledge and skills on technology,

‘management and financing options for sustainable sanitation;

10, Encourage community participation and other partnership modalities in the different areas of
sustainable sanitation service delivery chain;

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IL. Propose and adopt policy, standards, regulations and guidelines relative to the
implementation of this Act and other related laws;

12, Promote knowledge, standards, skills and proper hygiene behaviour for appropriate and
sustainable sanitation solutions in schools and in emergency situations;

13, Devetop a program for the development, training and professionalization of sanitary
inspectors in partnership with their national organization; and

14, Facilitate the organization, registration and regulation of Sanitation Service providers.

Section 7. Role of the Department of Interior and Local Government. The (Department of
Interior and Local Government) DILG shall formulate its own sustainable sanitation strategy that
will ensure that all LGUs capacity are enhanced and are assisted in developing and updating their
local sustainable sanitation plans, and in the regular inclusion of sustainable sanitation in the
LGU annual investment and development plans. They will also assist in over-all seetor
monitoring and assessments and maintenance of a database,

Section 8. Role of the Department of Public Works and Highways. The Department of Public
Works and Highways (DPWH) shall implement the National Sewerage and Septaze
Management Plan (NSSMP) for highly urbanizing cities as provided for in the Philippine Clean
Water Act of2004, It shall ensure that the implementation of the NSSMP is in partnership with
the LGUs. It will also develop its own sustainable sanitation strategy that will ensure proper
installation of adequate and sustainable toilet and hand washing facilities for men, women and
disabled persons of the public and employees in all government buildings

Section 9, Role of the Housing and Land Use Regulatory Board and its attached agencies
such as the National Housing Authority and the Housing and Urban Development
Coordinating Council. The HLURB, NHA and HUDCC shall develop its own sustainable
sanitation plans consistent with this Act that will: a) ensure that appropriate sustainable
sanitation systems are adequately provided for in all its housing projects and b) identify their

agency targets and budgets for sanitation

Section 10. Role of the Local Water Utilities Administration. The Local Water Utilities
Authority (LWUA) will develop its sustainable sanitation strategy and action plan aimed to assist
‘water utilities (not limited 10 water districts) who will implement sustainable sanitation
initiatives. It will also ensure at least five percent (5%) of its total loan products are allocated for
sanitation, sewerage and septage management projects. As much as possible, it will also provide
access to innovative financing schemes and capacity development of the water districts,

Section 11. Role of the National Water Resources Board. The National Water Resources
Board(NWRB), as the main economic regulator of the water sector provided for in the Water
Code shall be the economic regulator for sewerage and Septage management. The sanitation

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economic regulatory guidelines shall be developed by the NWRB and it should cover the
following tasks:

1, Promotion of operating efficiency and performance indicators;
2. Service standard specification and monitoring:

3, Ensure asset serviceability over time;

4, Promotion of water use eff

ciency;
5, Safety net regulations; and
6, Customer service responsiveness.

In special areas where there is a different economic regulator for the water service provider (such
aay those regulated by contract), the regulator assumes responsibility for sanitation and s&
regulation, Their regulatory guidelines should be consistent with the national economic
regulatory guidelines for sanitation that will be developed by the NWRB. In such cases, the

NWRB shall serve as the appellate body for complaints between the service provider and the

ewerage

consume!

s. The local government units
(LGUs) are mandated to ensure that basic sanitation services are provided to their constituent
Consistent with the provisions of the local government code, itis hereby mandated that:

1,) Sanitation Unit in cach city or municipality be established, The Sanitation Unit will be und
the local health departments to be headed by a Sanitation Engineer or its equivalent, This unit
shall be composed of the head and a team of sanitary inspectors. This unit shall be responsible
for the development and implementation of the local sustainable sanitation plans and programs
and shall recommend local legislation as deemed necessary

2.) LGUs will develop their local sustainable sanitation plans that respond to their local situation
and priority needs and furnish the Unit a copy of the plan for monitoring and technical

assistance.

3.) They will work with different stakeholders and service providers such as Water District
small private entrepreneurs and community-based associations to develop the plan and ensure its
implementation and enforcement of the national policies,

4,) They will develop local policies and ordinances which defines its strategies and stipulates
penalties and fines for violations for open defecation and for other unsanitary behaviours that
affect public health.

5.) The LGUs shall allocate at least 10% of their 20% development funds for improvement of
sanitation, the amount of which shail be regularly reported and accounted for separately. The

sanitary fees levied by the LGUs shall be solely allocated for sanitation related projects.

6.) The LGUs will develop programs and incentive schemes to achieve universal coverage of
their total household population having their own sanitary toilet facilities within a reasonable
time frame as indicated in their sustainable sanitation plan.

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7.) The LGUs shall also ensure the provision, operation and maintenance of adequate sanitary
toilet facilities for men and women in public places such as public markets, bus terminals, public
parks, public basketball courts/gymnasiums. They shall also ensure adequate operation and
‘maintenance of public school buildings.

sholds to create demand far sanitation

programs,

8.) The LGUs will work with communities and hous
improvement through health and hygiene awarene:

Section 13, Role of Provincial LGUs. The Provincial LGUs will assist the Munieipal and City

LGUs by:
1, Ensuring compliance with the national policy, norms and standards;

2. Developing provincial legislation, norms and standards;

3, Monitoring progress of the LGUs in meeting their targets;

4, Allocating portion of their IRA to provide for counterpart support financing to muniecipal/eity
LGUs; and

5, Providing for the establishment, operation and maintenance of at least one septage treatment
facility for the province

) shall

Section 14, Role of the Department of Education.
censure that all schools have adequate number of sustainable sanitary toilet
students, No school building is considered complete without proper toilet facilities. The DepEd
shall immediately address the access gaps by giving priority (o schools that may be used as
evacuation centers. All of these information shall be identified in their sustainable sanitation

rhe Department of Education (Dep

cilities for the

action plan which should indicate their targets, plans and budgets within a given timeframe.

Section 15, Role of the Inter-Agency Committee on Environmental Health. The Inter
Agency Committee on Environment Health (ACEH) shall be a high level inter-agency platfo
to ensure coordination and monitoring of agency performance. They will address emerging

m

bottlenecks that constrain achievement of universal coverage,

Section 16, Role of the Department of Finance. The Department of Finance will take
responsibility for ensuring equitable and practical funding and financing arrangements that witl
enable the provincial and municipal LGUs to finance their sanitation plans and programs.

Section 17. Role of Civil Society. Non-government organizations and community-based
organizations can include but are not limited to health and hygiene awareness promotion and
education; training and capacity development; facilitating community participation;
implementing community-based sanitation improvement projects; monitoring plan
implementation; and piloting demonstration projects.

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Section 18. Individual Excreta and Sewage Disposal System. Al houses and buildings shall
have an excreta and sewage disposal system as approved by the local Sanitation Inspector and
provided for in Section 19.

Section 19. Sewerage and Sewage Treatment System, All households and buildings covered
by the system shall be connected to the sewer

Section 20, Approval of the Department. The approval of the Department shall be required in
Ane following matiers:

1. The construction of any approved type of individual excreta and sewage disposal
system,

2. Plans, designs, and specifications of individual exereta and sewage disposal system,

3. Plans, designs and spec

tions of sewerage and sewage treatment systems,

4, Methods of disposal of sludge and/or septage from excreta or sewage disposal
treatment facilities,

Section 21, Achieving Universal §
and the LGUs shall spearhead a su

lation Coverage. The Unit, in coordination with [ACEH
‘ainable sanitation campaign aimed at achieving universal
sanitation coverage in the country that will:

1, Raise awareness and cultivate demand for improved sanitation at LGU level;
2, Achieve zero open defecation in all barangays in the country by 2016;
3. Ensure that all households will have their own sanitary toilet facility;

4, Ensure that LGUs provide a support system for disposing human excreta, household
‘wastewater and refuse which is acceptable to user

safe, hygienic, easil ible and

Je impact on the environment; and

ace:

which does not have an unaccepta

§, Trigger LGUs to develop their sustainable sanitation plans and programs and allocate
resources for its implementation.

Section 22, The National Sustainable Sanitation Plan, The DOH thru the Sanitation Unit shall
prepare a five-year (5) National Sustainable Sanitation Plan consistent with the Sustainable
Sanitation Framework within one (1) year from the approval of this Act.

Section 23. The Local Sustainable Sanitation Plan. The Local Government Units shall prepare
its respective five-year (5) Sustainable Sanitation Plans consistent with the Sustainable
Sanitation Framework Plan within one (1) year from the approval of this Act.

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Section 24, Amendatory and Repealing Clause. The following sections of Presidential Decree
856 also known as “Sanitation Code” are hereby amended to read as follows:

Section 3. Functions of the Department of Health, The Department shall have the following
powers and funetions:

(a) Undertake the promotion and preservation of the health of the people and raise the health
standards of individuals and communities throughout the Philippines.

XXX,

(i) TAKE A LEAD ROLE IN SANITATION GOVERNANCE BY PROVIDING TECHNICAL
ASSISTANCE, SETTING STANDARDS AND POLICY GUIDELINES, AND THE
CONDUCT OF RESEARCH AND DEVELOPMENT AND MONITORING OF PLANS AND.
PROGRAMS.

Section 103. Penal Provision

(a) Unless otherwise provided in any Chapter or section in this Code, any [person}public official
who shall violate, disobey, refuse, omit or neglect to comply with any of the rules and
regulations promulgated under this Code shall be guilty of misdemeanor and upon conviction
shall be punished by imprisonment for a period not exceeding [six months or by a fine of not

exceeding one thousand pesos}

FOUR (4) YEARS AND A FINE NOT LESS THAN FIFTY THOUSAND PESOS (Php
50,000.00) AND NOT MORE THAN ONE HUNDRED THOUSAND PESOS (Php 100,000.00)
PER DAY FOR EACH DAY OF VIOLATION depending upon the discretion of the court,

(b) Any person who shall interfere with or hinder, oF oppose any officer, agent or member of the
Department or of the bureaus and offices under it, in the performance of his duty as such under
this Code, or shall tear down, mutilate, deface or alter any placard, or notice, affixed to the
premises in the enforcement of the Code, shall be guilty of @ misdemeanor and punishable upon
conviction by imprisonment for a [six months or by a fine of not exceeding one thousand pesos
‘or both depending upon the diseretion of the court} FOUR (4) YEARS AND A FINE NOT LI
THAN FIFTY THOUSAND PESOS (Php 50,000.00) AND NOT MORE THAN ONE
HUNDRED THOUSAND PESOS (Php 100,000.00) PER DAY FOR EACH DAY OF
VIOLATION depending upon the discretion of the court,

Section 25. Appropriations. The Department shall allocate an initial Php 60 million for the
launching of the NSSP nationwide and jump-start sustainable sanitation in high-risk areas as
recommended by the Provincial Health Units in every region. The National Sanitation Unit shall
have an allocation of at least Php 30 million thereafter, First, second and third municipalities and
cities shall provide funding for the implementation of their local sanitation programs. Fourth and
fifth class municipalities shall receive counterpart assistance from DOH, DENR and DPWH for
the implementation of their sanitation programs,

Section 26. Separab
declared unconstitutional or invalid, such other scetions or provisions not affected th
remain in full force and effect.

ity Clause. If, for any reason, any section or provision of this Act is
eby shall

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Section 27. Repealing Clause. Any law, presidential decree or issuance, executive order, letter
of instruction, administrative order, rule or regulation contrary to or inconsistent with the
provision of this Act is hereby repealed, modified or amended accordingly

Section 28. Effectivity. This Act shall take effect fifteen (15) days after its publication in at least
two (2) national newspapers of general circulation

Approved,

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