CONGRESS OF THE PHILIPPINES
- FIFTEENTH CONGRESS
. ‘Seco xd Regukw Session

HOUSE OF REPRESENTATIVES

Hous: But No. 0 L8'7

i
. - Introduced by REP. MARK A VILLAR

‘EXPLANATORY NOTE

One of the Basic needs of a person is sanitation. It is a human right to perform their
____teiet habit in private, but many Filipinas face the indignity of defecating in open places or
‘having to use plastic bags and buckets that tney wil be dispose in rivers,

7 ~~ itis distressing that not all Fiipinos have sufficient sanitary toilet system in their own
houses, Diseases like cholera, diarttea and amoebiasis are result of poor hygiene caused
by lack of proper toilet facilities,

Crucial Health reforms were set aside and short term programs for Health and
Sanitation were initiated by the health sector due to the lack of funding and budget. Despite
the passage of the Clean Weter Act of 2004 the impartance of sustainable sanilation is still
disregarded and water-bome diseases if on the outbreak

For decades of ignoring the significance of Sustainable Sanitation. proper toilet
facaiies in every home is not enough. A complete community-wide sanitation system that is
designed to property treat and dispose waste Is much more needed, with the inclusion of a
sive review and implementation of the netional sanitation program applicable for
- the Philgpine setting.

.|__ This Bill seeks to promote sustzinable sanitization by strengihening and formulating
the-role of pertinent govemmem agencies, and by amending Section 3 and 103 of
Presidential Decree 856 algo known as the Sanitation Code.

Thus, | recommend the immediate approval of this bill
- ‘
— ee ee
- MARK A. VILLAR

a Representative
Lone District - Las Piflas



CONGRESS OF THE PHILIPPINES.
FIFTEENTH CONGRESS.
‘Second Regutar Session

HOUSE OF REPRESENTATIVES

~ 5187

House Bill No.

nS EE

Introduced by REP. MARK A VILLAR

EEE

AN ACT
PROVIDING A FRAMEWORK FOR NATIONAL SUSTAINABILE SANITATION
PROGRAM, PROVIDING FUNDS THEREFORE AND FOR OTHER PURPOSES

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

Section 1. Short Title. This Act shall be known as the “National Sustainable Sanitation
Act of 2017".

Section 2. Declaration of Policy. The State shal pursue a policy on sustainable sanitation
to protect public nealth and human development as a fundamental human right As
such, it shall be guided by the following policy statements:

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

2. Sanitation policies, plans and programs must be localized and its
management decentralized at the iowest! level possibie.

3. Sanitation is a responsibilty of all citizens. Different stakeholders must be
involved in promoting good sanitation and hygiene practices,

4, Sanitaton systems must be fmanciaily sustainable, economically affordable,
socially and cutturally 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 santtation by-
products will be considered.

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

9. Efficient water governance includes sanitation

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

a) Ecologicat Sanitation - refers to a system that separates urine and feces and
provides for the safe recycling of excreta resources (plant nutrients and organic


b)

e)

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matter) to crop production in such a way that the use of non renewable resources is
minimized.

Excreta ~ refers to both human feces and urine.

Sanitation — refers to a wide range of services and arrangements pertaining to the
hygienic and power management of human excreta and community liquid wastes to
safeguard the heatth of individuals and communities. This is usually concemed with
preventing diseases by hindering pathogens or disease-causing organisms found in
excreta and waste water 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 behavior so that
facilities are effectively used at al times.

Septage — means the sludge produced on individual onsite wastewater disposal
systems, principally septic tanks and cesspoots.

Sewage — means water-bome human or animal wastes excluding oil or of wastes
Temoved from residences, buildings, imstitutions, industrial and commercial
establishments.

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

Sludge — means an Solid, semi-solid, or Kquid waste or residue generated from a
wastewater treatment plant, water supply, treatment plant, or water control potiution
facility, or any other such waste having similar characteristic and effects.

‘Sustainable sanitation system — a system that protects and promotes human health,
minimizes environment degradation and the depletion of the resource base. It is
technically and institutionally appropriate. while maintaining social acceptability and
economic viability in the Jong term

Treatment — means any method, technique, or process designed to alter the
physical, chemical, or biological and radiological character or composition of any
waste or wastewater to reduce of prevent pottution

Universal coverage — one hundred percent (100%) of total households have their
own sanitary toltet facilities.

Zeso Open Defecation — refers to the state of no defection in open public places
Community is said to have zero apen defecation when 100% of its households have
their own sanitary toilets.

Section 4, The Strengthening of the Sanitation Unit. For the purpose of camying out the
declared policy in Section 2, it is hereby established that the present Sanitation Unit,
hereafter called the Unit, under the Department of Health be strengthened through additonal
‘support services and appropriate funds as per recommendation of the Department of Heath

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

1

2

To establish the policy guidelines for the implementation of the sustainable sanitation
including regulatory and institutional arrangements;

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. Additional Powers and Functions of the Unit. In addition to its powers and
functions, the Unit shall oversee the preparation and implementation of local sustainable
sanitation management plans and the prescribe policies to achieve the objectives of this Act.
‘The Unit shall undertake the following activities:

1. Prepare and regularty 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 buiding
assistance and support to the focal govemment units in the development and
implementation of local sustainable sanitation plans;

4. Review and monitor national agency and local goverment sustainable sanitation
plans in accordance with ts 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 Program Fund of the DOH;

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

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;

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

42. Promote knowledge, standards, skills and proper hygiene behavior for appropriate
and sustainable sanitation solutions in schools and in emergency situations;

13. Develop a program for the development, trating 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 shal formuate 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 wall aiso
assist in over-all sector monitoring and assessments and maintenance of a database.

Sector 8. Role of the Department of Public Works and Highways. The Department of
Public Works and Highways (DPWH) shall implement the National Sewerage and Septage
Management Pian (NSSMP) for highly urbanizing cities as provided for in the Philippine
Clean Water Act of 2004. 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 wilt


ensure proper installation of adequate and sustainable toilet and hand washing facilities for
men, women and disabled persons of the public and employees in a goverment Euildings.

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 Litities
Authority (LWUA) will develop its sustainable sanitation strategy and action pian aimed to
assist water utilities (not limited to water districts) who wilt implement sustainable sanitation
initiatives. It will also ensure at teast five percent (5%) of its total loan products are allocated
for sanitation, sewerage and septage management projects. As much as possible. it wil 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 the sewerage and Septage
management. The sanitation economic regulatory guidelines shall be developed by the
NWRB and it should cover the folowing tasks:

Promotion of operating efficiency and performance indicators;
Service standard specification and monitoring;

Ensure asset serviceability over ime;

Promotion of water use efficiently;

‘Safety net regulations; and

Customer service responsiveness.

Paeeone

In special areas where there is a different economic regulator for the water service
provider (such as those regulated by contrac!), the regulator assumes responsibiity for
sanitation and sewerage 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 consumers.

Section 12, Role of the MunicipalityfCity Local Government Units. The local government
units (LGUs) are mandated to ensure that basic sanitation services are provided to their
constituents. Consistent with the provisions of the local goverment code, it is hereby
mandated that:

4. Sanitation unit in each city or municipaiity be established. The Sanitation Unit will
be under the local health departments to be headed by a Sanitation Engineer or
its equivalent. This unit shal be composed of the head and a team of sanitary
inspectors. This unit shal be responsible for the development and


implementation of the local sustamable sanitation plans and programs and shak
recommend local legislation as deemed necessary.

2 LGUs will develop their local susiainable sanitation plans that respond to their
local situation and priority needs and fumish the Unit a copy of the plan
monitoring and technical assistance

3, They wit work with different stakeholders and services providers such as Water
Districts, small private entrepreneurs and communitybased 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 ds strategies and
stipulates penalties and fines for violations for open defecation and for other
unsanitary behaviors that affect public heath.

5. The LGUs shail allocate ai least 10% of their 20% development funds for the
improvement of sanitation, the amount of which shall be raguiarly reported and
accounted for separately, The Saniary fees levied by the LGUs shall be solely
allocated for the sanitation related projects.

6. The LGUs will develop programs and incentives schemes to achieve universat
coverage of their total household population having their own santtary toilet
facilties within a reasonable time frame as indicated in their sustainable
sanitation plan.

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

8, The LGUs will work with communities and households to create demand for
sanitation improvement through health and hygiene awareness programs.

Section 13. Role of Provincial LGUs. The provincial LGUs will assist the Municipal and
City LGUs by:

Ensuring compliance with the national policy, norms and standards;
Developing provincial legistation, norms and standards;

Monitoring progress of the LGUs in meeting their targets;

‘Atlocating portion of their IRA to provide for counterpart support financing to
municipalicity LGUs; and

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

AeNe

2

Section 14. Role of the Department of Education. The Department of Education (DepEd)
shal ensure that all schools have adequate number of sustainable sanitary toilet facilities for
the students, No school building is considered complete without proper toilet facilities, The


DepEd shall immediately address the access gaps by giving prionty to schools that maybe
used as evacuation centers. All of these information shalt be identified in their sustainable
saritation action plan which should indicate their targets, plans and budgets within a given
timeframe.

Reehiey Comat ol
platform to ensure coordination and monitoring of agency performance. They will address
emerging bottlenecks that constrain achievement of universal coverage

Section 18. Role of the Department of Finance. The Department of Finance will take
responsibility for ensuring equitable and practical funding and financing arrangements that
will 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 be included but are not limited to health and hygiene awareness
promation and education; training and capacity development; facilitating community
participation; implementing community-based sanitation improvement projects; monitoring
plan implementation; and piloting demonstration projects.

Section 18. Individual Excreta and Sewage Disposal System. All nouses 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 nouseholds and buiklings
covered by the system stall be connected to the sewer.

Section 20. Approval of the Department. The approval of the Department shall be
required in the following matters:
4. The construction of any approved type of individual excreta and sewage
disposal system.
2. Pians designs, and specifications of individual excreta and sewage
disposal system.
3. Plans, designs and specifications of sewerage and sewage treatment
systems,
4. Methods of disposal of studge and/or septage from excreta or sewage
disposat treatment facilities

Section 21. Achieving Universal Sanitation Coverage. The Unit, in coordination with
IACEH and the LGUs, shail spearhead a sustainable sanitation campaign aimed at
achieving universal sanitation coverage in the country that will:

Raise awareness and cultivate demand for improved sanitation at LGU level;

Achieve zero open defecation in all barangays in the community by 2016.

Ensure that ail households wit have their own sanitary toilet facility:

Ensure that LGUs provide a support system for dispasing human excreta, household
wastewater and refuse which is acceptable { users, safe, hygienic, easily accessible
and which does not have an unacceptable impact on the environment: and

REND


5. Trigger LGUs fo develop their sustainable sanitation plans and programs and
allocate resources for its implementation.

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

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

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

Section 3. Functions of the Department of Health. The Department shall have the
following powers and functions:
a) Undertake the promotion and preservation of the health of the people and
aise the health standards of individuals and communities throughout the
Philippines.

pees
(QTAKE A LEAD ROLE IN SANITATION GOVERNANCE BY PROVIDING
TECHINICAL 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] pubic official who shall violate, disobey, refuse, omit or neglect to
comply with any of the rules and reguiations 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 $0,000.00) AND NOT MORE THAN ONE HUNORED
THOUSAND PESOS (Php 100,000.00) PER DAY FOR EACH DAY OF
VIOLATION depending upon the discretion of the court.

(0) Any person who shall interfere with or hinder, or oppose any officer, agent
or member of the Department or of the bureaus and offices under i, in the
performance of his duty as such 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 a misdemeanor and punishable upon conviction
by imprisonment for a [sic months or by a fine of not exceeding one
thousand pesos or both depending upon the discretion of the court] FOUR
(4) YEARS AND A FINE NOT LESS THAN FIFTY THOUSAND PESOS
{Php 50.000.00) AND NOT MORE THAN ONE HUNDRED PESOS


(100,000.00) PER DAY FO REACH 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 20 mition thereafter. First, second and third
muricipatities and cities shall provide funding for the implementation of their local sanitation
programs. Fourth and fifth class municipaities shall receive counterpart assistance form
DOH, DENR and DPWH for the implementation of their sanitation programs.

Section 26. Separability Clause. if, for any reason, any section or provision of this Act is,
declared unconstitutional or invalid, such other sections or provisions not affected thereby
shall remnain in full force and effect.

Section 27, Repealing Cause. 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
feast two (2) national newspapers of general circulation.