IN 2009, the Davao City Rainwater Harvesting Ordinance was enacted into law in a bid to mainstream the use of rainwater harvesting systems across the city.
The ordinance, which was authored by the late city councilor Leo Avila III, also seeks to promote sustainability through the use of harvest water for industrial and non-drinking purposes. The Watershed Management Council (WMC) is the primary implementing body of the ordinance with secretariat support from the City Engineer's Office (CEO).
However, nine years after it was passed it seems like that the law was neither strictly implemented nor followed.
In the recent City Wide Social Survey Series (CWSS) 9 of the Ateneo de Davao University (Addu), results show that only 33.5 percent of its respondents that are "always" comply with the ordinance, 20.8 percent said "not at all," 18.7 percent said the ordinance is not applicable to them, 12.7 percent said "sometimes", and 14.3 percent said they "do not know."
Among the ordinances in the CWSS survey, the Rainwater Harvesting Ordinance was at the bottom when it came to compliance. It shared the bottom three with the Speed Limit Ordinance (50.5 percent said they always comply with the law) and the Anti-distracted ordinance (57 percent). The three most complied ordinances in the city are Anti-Jaywalking Ordinance (85.5 percent), Senior Citizen Ordinance (78.8 percent), and Garbage Segregation and Waste Disposal Ordinance of 20019 (77.5 percent).
During the Research Forum on Rainwater Harvesting Systems on Friday, August 3, 2018 at the Ateneo de Davao University, the Interface Development Interventions (Idis) Inc. also said awareness for the ordinance was quite low with only 33 percent or three in 10 respondents are aware of the ordinance based on a separate they conducted. Idis survey was conducted among 100 newly-constructed establishments in the city.
Sixty-seven percent said they are not aware of the local ordinance. All the 67 also are not aware of and do not have an RWHS at site.
"This can be attributed to the fact that owners rely on contractors during site development to comply with all building requirements including the RWHS ordinance. Awareness likewise did not necessarily result in compliance," Idis said in their study.
When the group conducted a site validation among their respondents, only 26 of the 100 sites have actual rainwater harvesting system (RWHS) installed. Of the 26, only 22 were found in good and functioning.
However, while there those who have complied the law, Lemuel Lloyd Manalo, Idis Environmental Research Specialist, said most sites assessed with RWHS did not observe the stipulated ratio described in the (IRR) of catchment surface area, rainfall depth, and its appropriate storage tank capacity. They also discovered the presence of “tank-rental for fast-approval”. This means that tanks are rented by establishments to show to inspectors that they have a RWHS.
Meanwhile, it is also stated in the ordinance that there should also be incentives given to those who will install RWHS in their establishments. However, at present the City Treasurer's Office, together with the CEO and the City Agriculturist's Office are still currently looking into the possibility of granting incentives or recognition to existing establishments who will comply with the ordinance. Up until today no guidelines for the incentives has been crafted.
"Most respondents that have complied with the ordinance have questioned about incentives to their compliance, as they have not received any," Manalo said, adding that incentives in complying with the ordinance have not been felt by those who complied and no technical support has been provided to them given that defective RWHS and maintenance were the major constraints reported.
Under the ordinance, the WMC will offer technical assistance by formulating a simplified Technical Manual on planning and developing a RCS.
"The ordinance has not been fully complied, implemented and monitored since its passage in 2009," Manalo said.
He said Idis is recommending that the role delineation between WMC and CEO be clarified for full implementation of the ordinance from releasing of permits to monitoring of compliance and provision of incentives to those who complied and enforcement of penalties to those who have not.
Other recommendations include pursuing development of technical manual and integrate use of monitoring system; increasing public awareness (CEPA) to focus on value of saving rainwater instead of messaging to encourage mere compliance to RWHS ordinance; implementing promised incentives and improve on tax rebates and incentives; and including as incentives free technical support for maintenance or ensure long -term warranty/service of RWHS suppliers for establishments.
"This research is not to take down any agency but rather to start and strengthen the implementation of the ordinance. This is a unique ordinance and there are only a few in the Philippines that has a similar ordinance. This ordinance should not be taken for granted and should be strengthened a mainstreamed for water conservation, flood management, and water management," Manalo said.
In response, engineer Tender Ferolin of AdDU's Ecoteneo said, "The strict implementation of the city ordinance in reducing flooding and preservation of water resources."
She said it was somehow alarming to know that based on the results of the survey and study presented at the forum not many Dabawenyos are complying with the ordinance.
Sheena Mari Campos, senior environmental management specialist of the Environmental Management Bureau (EMB) of the Department of Environment and Natural Resources (DENR)-Davao, said as far as the agency is concerned, the implementation of the Rainwater Harvesting Ordinance is becoming part of the process of approving the environmental compliance certificate.
"Isa yun sa mga consideration ng office namin kapag may developments...they are required to put up these Rainwater Harvesting System. Actually we also incorporate it sa ECC nila specifically sa conditions and planning tool that these establishments are obliged to put up these systems," she said.
Meanwhile, Davao City Water District (DCWD) Community Relation and External Affairs Department OIC Ruth Jabines said the ordinance is not being complied by Dabawenyos because of its poor incentives system.
"Maybe the incentives for the people can be rebates or reduction to their water bill," she said. Another incentive she recommended that the WMC or CEO will provide the tank.
Jabines said they could probably include in their corporate social responsibility programs the provision of a RWHS.
Office of the city Building Official (OCBO) inspection and enforcement acting head engineer Leonard Palban said they always make sure that when they have applicants for the permit, they are informed about the ordinance and the requirement of the RWHS.
He said during their site inspection they can see that a RWHS is in place. However, what they cannot assure is the monitoring after the inspection.
"The study can help in our monitoring. We are discussing at OCBO for the creation of a monitoring after the permits are released," Palban said.
According to the study, after inspection for Occupancy permit, inspectors could not anymore monitor how the management or owner uses the RWHS, some would use tanks for other purposes.
During a discussion with OCBO, Idis saw limitations in the monitoring brought about by Llack and inadequacy of inspectors assigned in validating and monitoring of RWHS facilities per establishment and household. They have only three inspectors for each district.
"The study is our contribution to enhance the awareness of the Dabawenyos on the ordinance and call the attention of the concerned agencies to act on this. Sayang ang ordinances kung dili siya maimplement," Chinkie Pelino-Golle, Idis executive director, said.