Loophole in Cebu City law allows plastic to thrive

THE ban on the use of plastic shopping bags on certain days of the week has seen businesses shift to biodegradable paper bags, as intended, but other retailers continue to use plastic bags because of a “loophole” in the law.

Thus, City Ordinance 2343, also known as the “No Plastic Saturday Ordinance of the City of Cebu,” needs to be amended to ensure that its provisions are clear and can be effectively enforced, Cebu City Environment and Natural Resources Office (CCENRO) officer-in-charge Arlie Gesta told SunStar Cebu on Friday, August 4, 2023.

However, Cebu City Councilor Nestor Archival opined that he would not go for a complete ban on the use of plastic, although it would reduce the amount of money the City spends on waste disposal.

According to Gesta, the ordinance prohibits only the use of plastic shopping bags for packaging, also known as transparent carrier bags with handles.

Section 4 (d) of CO 2343 defines plastic shopping bag as any carry bag or punch hole bag made of polyethylene with a thickness ranging from 7 to 25 micrometers.

“Technically, plastics without handles could not be covered by the ordinance,” he said in Cebuano.

Gesta explained that this specification was considered a loophole exploited by micro, small and medium enterprises (MSMEs) to avoid complying with the ordinance.

He said it allows MSMEs to circumvent its provisions by using other types of plastic bags.

“They make it the reason to use other types of plastic bags because they know that they will be apprehended or fined,” Gesta explained.

He argued that most MSMEs, including sari-sari stores, carinderias, agriculture and veterinary supply stores, and bakeries, use rolled plastic bags for their business transactions, which are not mentioned in the ordinance.

City Ordinance 2343, amended in 2020, now bans the use and sale of plastic shopping bags three days a week: Wednesdays, Fridays and Saturdays.

Compliance rate

Gesta said large business establishments are more compliant with the ordinance than MSMEs as 90 percent of large business establishments are compliant while the figure is only 60 percent for MSMEs.

Gesta said that based on their observation, there has really been an improvement with regard to the compliance with the ordinance compared to in previous years.

“Unlike before, only a few establishments used paper bags. Now more than half are using them,” he said.

He said the improvement was driven by the enforcing body which strictly implemented the ordinance.

According to the CCENRO, the total number of apprehensions in the first six months of this year for violating the ordinance was 244, up from 183 in the same period in 2022.

The total number of apprehensions for the entire 2022 was 380, up from 162 in 2021.

Information campaign

Gesta said CCENRO conducts an Information, Education and Communication Campaign once a year, where representatives from all establishments are gathered to receive an orientation on the use of plastic shopping bags and their impact on the environment.

He also said they involve every barangay and deputize private individuals, groups, nongovernment organizations, and other stakeholders to assist in enforcing the ordinance.

“It’s a waste that we keep informing and educating but there is no enforcement,” he explained.

Complete ban

Cebu City Councilor Nestor Archival told SunStar Cebu last Wednesday, August 2, that a complete ban on the use of plastic for an entire week is not feasible due to the lack of available alternatives.

He suggested that the ban on plastic use be implemented only on specific days so as not to harm both producers and consumers.

“The important thing is there is a gradual change in terms of the use of plastics as the producers and consumers feel that this is where we are going,” Archival said in Cebuano.

Considerations

According to Archival, the first consideration in banning plastic is that plastic is a by-product of petroleum, which is toxic, so its by-product also has a certain toxicity. It’s not good for human health.

“The second consideration is that in our city, people are not yet fully aware of the disadvantages of plastic if they just throw it anywhere. People have become accustomed to discarding plastic without much thought, which often results in it being thrown into canals and clogging them up. This can cause flooding and other environmental problems, as well as harm to the people.” he said.

“The third consideration is that when plastics are not properly managed, they can end up in the ocean. Once in the ocean, small pieces of plastic can be ingested by fish, which is detrimental to our marine ecosystem,” he added.

Waste expense

According to Archival, the Cebu City Government is spending more or less P1.5 million daily to dispose of its collected waste at the sanitary landfill located in Barangay Binaliw, Cebu City.

He said the City collects between 500,000 to 800,000 kilos (or around 500 to 800 tons) of mixed wastes daily, which costs the city P3,000 per ton.

Archival explained that the idea to collect and to throw is not really sustainable because it will exhaust the government’s funds.

“These are unsegregated wastes. Some of these wastes could still be recycled. Yet the city did not take it to its advantage in generating more funds,” he added.

According to Archival, a composting site is what the city needs most because it is less expensive compared to the tipping fee of a sanitary landfill.

He said a composting site would be a more cost-effective solution for the city’s waste management needs than using a sanitary landfill.

“Composting fee is half the price compared to sanitary landfill, or maybe P1,000. Good thing the product can be utilized as fertilizers,” Archival said. (AML)