Implementing Body and Responsibilities
- The Anti-Smoke Belching Unit (ASBU) under the City Environment and Natural Resources Office (CENRO) manages enforcement.
- ASBU empowered to conduct mobile and roadside emission testing anywhere within San Juan City.
- For tricycle drivers (marginalized sector), a two-phase implementation with an initial six-month information campaign followed by a six-month warning stage before penalties apply.
- Drivers of non-complying vehicles receive Ordinance Violation Receipt (OVR); license plates and/or driver’s licenses can be confiscated until compliance.
Public Education and Multi-sectoral Involvement
- Continuous air quality and emission awareness campaign spearheaded by CENRO.
- Engages City Health Offices, Barangay Operations Centers, government agencies, NGOs, academe, environment groups, and transport sector.
- Campaign focuses on health impacts, technological emission control methods, and enforcement commitment.
Definitions of Key Terms
- Air Pollutant: Harmful atmospheric matter excluding normal gases.
- AQI: Air Quality Indicator for suspended particles.
- Motor Vehicle: Powered vehicles used for public transport or goods conveyance.
- Motorcycle: Includes tricycles with sidecars.
- Smoke Opacity Meter: Device measuring smoke density in exhaust gases.
- Pollution Control Device: Apparatus preventing or reducing air pollution to within standards.
- Other relevant terms including EMF, Type Approval, Poisonous Fumes, Vehicle Type are clearly defined.
Procedure for Apprehension of Smoke-Belching Vehicles
- Detailed work instructions align with the Clean Air Act and DENR regulations.
- Apprehension teams consist of 12-15 members with designated roles: Team Leader, Apprehending Officers, Testing Team, Flaggers, Spotters, Plate Detachers/Removers, Plate Keeper.
- Steps include spotting smoke-belching vehicle, signaling to flaggers, document verification, smoke emission testing, and documentation of results.
- If the vehicle passes, all documents are returned and vehicle released.
- Failure results in issuance of OVR, confiscation of license plates and/or driver’s license, and storage of plates by CENRO.
- Confiscated items are released only upon payment of fines and passing subsequent emission tests.
- Drivers may appeal to the City Adjudication Board with procedural rules coordinated with DOTC/LTO and DENR.
Fees and Penalties
- Php 400 emission test fee charged upon emission testing by ASBU.
- 25% of test fees allocated as incentive for ASBU staff.
- City Mayor may accredit private emission testing centers; only accredited results accepted.
- Penalties for motorcycles/tricycles:
- First offense: Php 100
- Second offense: Php 300
- Third and subsequent offenses: Php 500
- Penalties for four-wheeled and larger vehicles escalate with vehicle size and repeated offenses:
- First offense ranges from Php 1,000 to Php 5,000
- Subsequent offenses increase accordingly
- Confiscation of vehicle license plates is mandatory for all violations.
Incentives and Fund Management
- Emission test fees and accreditation fees go to the City Treasurer’s Office.
- 25% of collected fines awarded to ASBU members as incentive.
- Remaining 75% goes to the City’s general fund.
- Standard accounting and auditing protocols followed; special accounts maintained by City Accountant and Treasurer.
Miscellaneous Provisions
- Adopts DENR and other national agency rules not in conflict with this ordinance.
- Contains separability clause preserving valid provisions if parts are invalidated.
- Repeals prior inconsistent ordinances.
- Ordinance becomes effective 15 days after publication in a nationally circulated newspaper.
Appropriation
- Authorizes appropriation of Php 150,000 for emission testing equipment purchase.
- Subject to usual accounting and auditing standards.
Legislative Approval and Certification
- Ordinance approved by San Juan Sangguniang Panlungsod on March 10, 2014.
- Signed by City Councilors, Council Secretary, City Vice-Mayor (Presiding Officer), and City Mayor.
This ordinance creates a comprehensive framework for controlling vehicle emissions to protect public health and the environment within San Juan City, providing strict enforcement mechanisms, public awareness campaigns, fee structures, and incentives for effective implementation.