Regarding printing of notification for publication of policy document for C&D Waste Mangement in compliance with the order of Honble NGT in OA No. 606 of C&D Waste Management Rules 2016

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Haryana Government Gazette

Published by Authority

© Government of Haryana No. 50-2020] CHANDIGARH, TUESDAY, DECEMBER 15, 2020 (AGRAHAYANA 24, 1942 SAKA)

PART-I

Notifications, Orders and Declarations by Haryana Government

HARYANA GOVERNMENT

URBAN LOCAL BODIES DEPARTMENT

Notification

The 23rd November, 2020

No. 1/1/2020-RII.—

Government of Haryana

Policy Document for C&D Waste Management in compliance with the order of Hon'ble

NGT in O.A. No. 606 of C&D Waste Management Rules-2016.

(2284)PART I] HARYANA GOVT. GAZ., DEC. 15, 2020 (AGHN. 24, 1942 SAKA) 2285

HARYANA MUNICIPAL CONSTRUCTION & DEMOLITION WASTE MANAGEMENT POLICY, 2019

Introduction

Construction and Demolition Waste ("C&D Waste") generation in India every year is 23.75 million tons according to Central Pollution Control Board's ("CPCB") Guidelines on Environmental Management of C&D Wastes. (CPCB, 2017)

A rapidly developing state like Haryana with steady increase in urbanisation and development of business hubs, should anticipate a proportionate rise in C&D wastes. The unsafe and unscientific disposal of the C&D wastes may result in the C&D waste getting mixed with the organic waste and other types of municipal solid waste at dumping grounds. There arises a need for waste generated on a regular basis to be disposed in a safe and scientific manner. Therefore, the management of C&D waste is an important environmental issue due to its long-term effects.

The estimates of building material requirements of the housing sector in the country indicates a shortage of aggregates to the extent of approximately 55,000 million cu.m. An additional 750 million cu.m. aggregates shall be required to achieve the targets of the road sector. These estimates reflect the potential for the reuse and recycling of C&D wastes. The reuse of C&D wastes shall ensure minimal extraction of virgin materials and reduction in wastes forwarded to land fills.

The Government of India enacted the Construction and Demolition Waste Management Rules 2016, under the Environmental Protection Act, 1986 after consideration of the aforementioned issues.

Rule 9(1) of the C&D Rules mandates the Secretary of Urban Development Department (UDD) of the State Government to prepare the state's policy with respect to management of C&D waste in accordance with the provisions of the C&D Rules. In furtherance of this obligation, this Haryana State Construction and Demolition Waste Management Policy, 2019 applicable in and for the State of Haryana and is prepared and promulgated for sustainable management of C&D wastes in the state. The Policy shall be the benchmark for all relevant authorities including Pollution Control Board, Urban Local Bodies, functionaries of ULBs and other stakeholders in the preparation of the plans and procedures for management of C&D Waste.

1. Preamble

(1) This Policy may be called the Haryana State Construction and Demolition Waste Management Policy, 2019 prepared and promulgated for sustainable management of C&D waste in the State of Haryana.

(2) It extends to the whole of Haryana.

2. Definitions

(1) As used in this Policy, unless the context otherwise requires, the following words and terms defined have the meanings ascribed to them in this document

(a) "Act" shall mean the Environment (Protection) Act, 1986 (29 of 1986);

(b) "Bulk Waste Generator" shall mean any waste generator that generate C&D Waste equivalent to or exceeding 20 tons in one day or 300 tons per project in one month;

(c) "C&D Rules" shall mean the Construction and Demolition Waste Management Rules, 2016;

(d) "Construction" shall mean the process of erecting of building or facility or other structure, or building of infrastructure including alteration of such entities;

(e) "Construction and Demolition Waste" or "C&D Waste" shall mean the waste comprising of building materials, debris and rubble resulting from construction, re-modelling, repair and demolition of any civil structure;

(f) "Demolition" shall mean the breaking down or tearing down buildings and other structures, either manually or using mechanical force (utilising mechanical equipment) or by implosion using explosives;

(g) "HSPCB" shall mean the Haryana State Pollution Control Board;

(h) "Hazardous C&D Wastes" shall mean construction and demolition waste contaminated with industrial hazardous or toxic material or nuclear waste if any;

(i) "Grievance Redressal Mechanism" shall mean a system established by the ULBS to receive and address the issues raised by the common people regarding C&D waste management;

(j) "Processing Facilities" shall mean facilities established to handle the C&D waste in a safe manner;

(k) "Recycling Facilities" shall mean facilities established to recycle the C&D waste into useable materials as approved under respective national standards;

(l) "Service Provider" shall mean entities that provide services like water, sewerage, electricity, telephone, roads, drainage inter alia that generate construction and demolition waste during the course of provision of service, that includes excavation, demolition and civil work;

(m) "Storage Facilities" shall mean facilities designated for storage of C&D waste separately;

(n) "Urban Local Body" or "ULB" shall mean an urban local body or authority viz. municipal corporation, municipality, nagarpalika, nagarnigam, municipal council including notified area committee inter alia but not limited to any other local authority or body constituted under any relevant statute, that shall be responsible for supervision and control of the management of construction and demolition wastes in its jurisdiction;

(o) "Waste Generator" shall mean any person or association of persons or institution or residential & commercial establishments including Indian Railways, Airport, Port and Harbour and Defence establishments, inter alia, who undertakes construction or demolition of any civil structure that generates C&D Wastes.

(2) Words and expressions used herein but not defined shall have the meaning ascribed to such words or expressions in the Act or the C&D Rules.

3. Objectives

Goal of this policy is to: (i) reduce environmental pollution and space reclamation (ii) conserve available construction materials (iii) reuse & recycle the material, which may be a better economically viable option. The main objectives of this Policy shall be as listed below:

i. To augment the capabilities of ULBs in effective implementation of the Rules;

ii. To prescribe measures to prevent open dumping of C&D Wastes;

iii. To provide manner and means of collection, storage and processing of C&D Wastes;

iv. To promote participation and involvement of stakeholders in reuse and recycle practices of C&D Waste;

v. To promote sustainable reuse and recycle of C&D Wastes;

4. Scope

(1) This policy shall be applicable for and shall extend to all matters related to the management and disposal of all C&D Wastes by all Urban Local Bodies in the State of Haryana.

(2) This policy document shall form the guiding document for management of C&D Waste by all C&D Waste Generators including Bulk Waste Generators, the private players involved at any stage in the C&D Waste management, the Haryana State Pollution Control Board and all other departments of the state that will be associated with handling or management of C&D Waste in the State.

5. Guiding Principles for Management Of C&D Waste

The State of Haryana shall focus on the 3R principle (i.e. reduce, reuse and recycle) for the management of C&D Waste generated within the State:

(3) Potential wastage shall be identified in the design stage itself and measure may be taken to ensure minimal waste creation. Source reduction measures such as preservation of old buildings, optimisation of space in new buildings, designing buildings and infrastructure that reduce use of construction material on site, ensure minimal resource utilisation and waste creation.

(4) Reusable materials may be screened out from debris and put to intended use without further processing. Therefore, it is recommended that prior to any demolition activity, the waste generator deconstructs the building whereby the building is dismantled, and any salvageable re-usable materials are collected and used on-site or on another site.

(5) Recycling of C&D Waste is essential. Therefore, the leftover waste may be recycled to the extent possible. This shall prove vital in ensuring that minimum amount of waste is sent to landfills.

6. Obligations

The obligations provided hereunder in this Section may be mandatory for all applicable parties to this Policy.

(1) Urban Local Bodies

(a) ULBs shall ensure collection, transportation, processing and disposal of C&D Waste. The ULBs may perform these functions by itself or through private participation/ contractor.

(b) ULBs shall monitor Construction or Demolition activities for generation of C&D Waste within its jurisdiction. ULBs shall establish a database of all such Construction or Demolition eventsPART I] HARYANA GOVT. GAZ., DEC. 15, 2020 (AGHN. 24, 1942 SAKA) 2287 with details including the quantity of waste generated by Waste Generators and Bulk Generators separately. The database shall be updated no less than one time every year.

(c) Every ULB authority shall seek detailed waste management plan as applicable, from Bulk Waste Generators. The ULBs shall examine, evaluate and approve or reject the waste management plan submitted by the Bulk Waste Generator within one month from the date of submission of the waste management plan or undertaking.

(d) ULB shall conduct IEC campaigns to aware the stakeholders on the guiding principle of the policy i.e. Reduce, Reuse and Recycle of Construction & Demolition waste.

(e) ULBs shall establish and operate a toll-free number for receiving information on collection, transportation, processing and disposal of C&D Waste from Waste Generators.

(f) ULBs shall monitor and inspect for events of unauthorized Demolition or Construction with potential of C&D Waste generation, unauthorized dumping of C&D Wastes, inspection of dumping sites and C&D Waste processing plants, inter alia, to prevent and reduce frequency of the aforementioned events.

(g) ULBs shall identify suitable land for designated C&D Waste storage (separate from the solid waste management land) in ULBs with population under 5 lakhs and C&D Waste processing units for ULBs with population above 5 lakhs.

(h) Additionally, in ULBs with population approximately 5 lakhs and paucity of available land creates hindrances, ULB may operate mobile or semi-mobile C&D Waste processing plants (i) ULBs shall provide designated sites that shall function as intermediate collection points for C&D Wastes. These designation of sites for intermediate collection points shall be based on the quantity of waste and distance from major waste generation sites and selected processing/storage sites in the respective cities.

(j) ULBs shall conduct selection procedure of Storage and Processing/Recycling Facilities for C&D Waste in accordance with the procedure provided in Schedule I of this Policy.

(k) ULBs shall levy a user charge for the collection and transportation of C&D Waste from all Waste Generators for collection on call from the construction/demolition site, which shall reflect the total collection and transportation cost incurred by the ULB/ ULB assigned agency.

(l) If the C&D Waste is transported to the designated site for C&D Waste by the Waste Generator at their own cost, the ULBs shall levy a transportation charge. This transportation charge shall reflect the transportation cost of the C&D Waste from the designated site to the processing and disposal site for C&D Wastes. However, for Bulk waste the charge may also include the processing and disposal cost apart from the transportation cost.

(m) ULBs may not levy any charge or fee from Waste Generators (except Bulk waste generators) if the C&D Waste is transported by the Waste Generators to the processing and disposal set by the appropriate ULB. In the case of Bulk waste generators, ULB may levy the processing and disposal fee alone in such cases.

(n) ULBs shall implement appropriate measures for management of C&D Waste including processing facility, end use of recycled products, inter alia, in consultation with institutions with expertise in this subject matter.

(o) In case the Waste Generator fails to abide by the policy guidelines, the ULBs may levy a penalty. A list of illustrative user fees which the ULB could consider levying is set out in Annexure I. All amounts collected as penalties by and on behalf of the ULB under the bye-laws should be transferred to a separate bank account maintained for funds for solid waste management. These amounts shall be used towards the ULB's operation and maintenance costs for providing C&D Waste management services

(p) ULBs shall endeavor to maintain co-ordination between itself and other government authorities and functionaries for the effective implementation of this Policy.

(q) ULBs shall create a sustainable system of information, education and communication for processing of C&D Waste in collaboration with institutions with expertise in this subject matter and civil society participation. The ULB shall endeavor to disseminate this information utilizing all modes of communication, including but not limited to its own website.

(r) ULB shall ensure that at least 80% of the recycled C&D waste products shall be put into effective use though municipal and government construction or related activities.

(s) ULBs may incentivize the use of C&D Waste products in construction activities, inter alia, non- structural concrete, paving blocks, lower layers of road pavements, colony and rural roads.

(t) ULBs shall set up a Grievance Redressal Mechanism through various platforms such as online portals, phone calls, toll free numbers, SMS and mobile applications based on available technologies and capabilities of the ULBs. The maximum time limit for redressal of grievances raised through the Grievance Redressal Mechanism may be fixed by the ULBs with a view to enhance the performance and reduce waste accumulation.

(2) Waste Generator

(a) Waste Generators shall be required to ensure that C&D Wastes are not mixed with municipal solid waste. The Waste Generators shall not deposit C&D Wastes on land designated for municipal solid waste.

(b) Waste Generators shall be required to not deposit or dump C&D waste in a manner, that may cause to obstruct traffic or public movement or sewage or stormwater drains.

(c) Waste Generators shall be required to deposit the C&D Wastes with the authorised waste collection agency/ ULB or deposit the C&D Wastes at designated collection centres provided by the ULB or handover the C&D Wastes to the authorised processing facilities of C&D Wastes.

(d) Waste Generators shall clearly identify and segregate any Hazardous C&D Wastes generated from its activities that generate C&D Wastes. These Hazardous C&D Wastes are required to be clearly identified and segregated for collection, storage and disposal as per Hazardous Waste (Management and Handling) Rules, 1989.

(e) Waste Generators shall be required to pay the relevant user charges as notified for the collection, transportation, processing and disposal of C&D Wastes to the ULB or authority appointed by the ULB.

Waste Generators that generate C&D Wastes of 20 tons or more in one day or 300 tons per project in a month shall be categorised as Bulk Waste Generators. The Bulk Waste Generators may be required to comply with the following specific obligations in addition to the aforementioned general obligations of Waste Generators:

(a) Prepare a waste management plan detailing manner of reuse, recycle, and/or disposal the C&D Wastes and get applicable approvals from the relevant ULB/local authority prior to the commencement of any construction, demolition or remodelling work. The waste management plan shall include, inter alia:

i. Proposed transit sites and processing facilities for the project's C&D Wastes and the distance of such transit sites from the project site.

ii. Proposed measures for minimal waste production on site

iii. Waste segregation methods and technologies proposed be undertaken.

iv. Proposed locations of processing facilities for C&D Waste

v. Plans for reuse of different recycled materials

(f) Inform relevant authorities regarding all relevant activities beginning with the planning stage to the implementation stage on project to project basis.

(g) C&D Wastes generated shall be segregated into four streams viz., (i) concrete, (ii) soil, (iii) steel, wood and plastics, and (iv) bricks and mortar.

(h) Transport of all C&D Wastes generated to the processing units and/or transit stations and bear the cost and responsibility of such transportation.

(3) Service Provider

(a) Service Providers are required to prepare a comprehensive waste management plan covering segregation, storage, collection, reuse, recycling, transportation and disposal of C&D Wastes generated within the particular jurisdiction.

(b) Service Providers shall formulate a timeframe for the removal of the construction and demolition waste after consideration of the duration of the work, the quantity and type of waste generated, appropriate storage and collection, inter alia. The advisable timeframe for removal of waste is once every day.

(c) Service Provider may utilise the facilities provided by the authorised agencies/ULBs for the collection and transportation of C&D Wastes on payment of the relevant user charges as notified for the use of such facilities.

(4) Haryana State Pollution Control Board (HSPCB)

(a) HSPCB shall be required to monitor the implementation of this Policy by relevant ULBs and competent authorities.

(b) HSPCB shall collect annual data on collection, transportation and processing of C&D Wastes and implementation of this Policy. The compiled data shall be submitted to the Central Pollution Control Board and the State Government or any other state level nodal agency appointed by the State Government for generation of comprehensive State level data.

(c) HSPCB shall grant authorizations to C&D Waste processing facilities after examination of the proposals submitted to it.

(d) HSPCB shall prepare annual reports with special emphasis on the implementation status of compliance of this Policy and submit such report to the Central Pollution Control Board on or before 31st July of each financial year.

(5) State Government

(a) The Town and Country planning Department shall be required to incorporate the site for such facilities in the approved land use plan for the area to reduce possibilities of disturbance to the processing facility on a long-term basis.

(b) State Government shall be required to ensure in government contracts or tenders, the appropriate C&D Waste processing and disposal option and methods to be adopted for the specific project is incorporated in the contracts or tenders.

7. Financial Sustainability

(1) ULB shall follow the principles of financial budgeting and costing provided in the Policy for Management of Solid Wastes for the state of Haryana. As provided in the C&D Rules, the primary source of revenue for ULBs for C&D Waste management shall be from:

(a) User fees collected during sanctioning of building plan or separately (to be collected based on the quantity of waste);

(b) Revenue from sale of by-products of C&D Waste processing and recycling; and

(c) Fines and penalties (if any).

8. Terms and Conditions

(a) This Policy may be amended, withdrawn or substituted by the Government at any time, at its discretion.

(b) Department of Urban Local Bodies shall have the power to clarify any doubts or settle any disputes, should any arise, regarding the interpretation, application or operation of the provisions of this Policy. Any clarification issued by the Principal Secretary, DULB in this regard shall be final and binding.

(c) No party shall have the right to claim any benefits or incentives under this Policy merely by virtue of such benefits or incentives being provided for in this Policy.

(d) Implementation of the provisions under this Policy shall be subject to the issuance of detailed scheme/guidelines setting out further eligibility criteria, the terms and conditions subject to which each benefit or incentive may be claimed, the detailed application procedure etc.

(e) In case of any conflict or contradiction in the provisions contained in this Policy and the scheme/guidelines issued thereunder, setting out in detail the eligibility criteria, terms and conditions, amongst other relevant modalities for availing benefits or incentives under this Policy, the provisions of the scheme/guidelines shall prevail for all intents and purposes.

Schedule I: Criteria for Site Selection for Storage and Processing or Recycling Facilities for construction and

demolition Waste

i. The facilities shall comply with the Solid Waste Management Rules, 2016 and C&D Waste Rules 2016 with special regard to pollution relating to noise and dust as set out under 'Guidelines on Environmental Management of Construction & Demolition (C&D) Wastes' issued by the CPCB in March 2017 and 'Guidelines on Dust Mitigation Measures In Handling Construction Material and C&D Wastes' issue by CPCB in November 2017

ii. The processing or recycling facilities shall be sufficiently large to continue for 25 years (project based on-site recycling facilities).

iii. The processing or recycling sites shall be situated away from habitation clusters, forest areas, water bodies, monuments, national parks, wetlands and places of important cultural, historical or religious interest.

iv. A buffer zone of no development shall be maintained around C&D Waste processing and disposal facilities of installed capacity exceeding five tons per day. This shall be maintained within the total area of the C&D Waste processing and disposal facilities

v. Processing or recycling sites shall be fenced or hedged and provided with proper entrance gate to monitor incoming and outgoing vehicles or other modes of transportation.

vi. The approach and/or internal roads of the facilities shall be concreted or paved to avoid generation of dust particles from vehicular movement and shall be designed to ensure free movement of vehicles and other machinery.

vii. Weigh bridge to measure quantity of waste, fire protection equipment and other facilities as may be required shall be provided in the facilities.

viii. For prevention of pollution from processing or recycling operations, the following provisions shall be made, viz.:

• storm water drains to prevent stagnation of surface water;

• paved or concreted surface in selected areas in the processing or recycling facility for minimizing dust and damage to the site.

• prevention of noise pollution from processing and recycling plant:

• provision for treatment of effluents, if any, to adhere to discharge norms under the Environment (Protection) Rules, 1986.

ix. Work zone air quality at the processing or recycling sites and ambient air quality at the vicinity of the sites shall be monitored.

x. A vegetative boundary shall be established around processing or recycling sites to strengthen the buffer zone.

xi. The operators of the facilities shall apply for authorization from Haryana State Pollution Control Board and submit annual reports to the Haryana State Pollution Control Board.

Schedule II: Market Development and Promotion of C&D Recycled Products

Establishment of appropriate market for recycled products of C&D Wastes may prove essential to ensure economic viability and sustained functioning of the processing plants. As per CPCB guidelines on Environmental Management of C&D Wastes in India 2017:

i. The building construction products manufactured from C&D wastes have been reported to satisfactorily meet necessary requirements of compressive strength and water absorption.

ii. The end products such as kerb stones, paving blocks of different shape, size and colour, hollow and solid blocks, manufactured sand etc. have been tested in the laboratory and found to be satisfactory. They are also being used and found to be suitable for load bearing structures.

iii. Use of fine aggregates and coarse aggregates manufactured by recycling of C&D waste has also been validated scientifically for part replacement of natural aggregates

The use of recycled materials may be as per the following regulations and guidelines:

i. C&D Rules 2016: As per the C&D Rules, 2016, the ULBs shall make provision for providing incentives and introduce mechanisms to encourage the use of materials made from C&D Wastes in construction activities. These may be provided as:

a. Bond-deposit: This means that a compliance deposit, or bond, is to be paid as performance security when applying for building permits and/or submitting the waste management plan. Typically, this amount is approximately 1.5 - 5% of the project value, plus non-refundable administration fees of approximately 0.5% of the project value. This is refunded as and when minimum recycling requirements or disposal requirements are met.

b. Provide discount in the costs associated with building permits or reduction in the rental amounts for lease of skips, loaders and other containers.

c. In addition, the ULBs could consider offer a rebate of compliance deposit (such as 1% to 2%) where the waste management plans which provide for waste minimization, reuse and onsite recycling plans

ii. The procurement of materials made from C&D Wastes shall be made mandatory to 10% of total material used in municipal and government procurement subject to strict quality control.

iii. MoHUA: The Ministry of Housing and Urban Affairs (MoHUA) vide a letter dated March 23, 2016 circulated a notification by Central Public Works Department (CPWD) on mandatory use of recycled portions of C&D Wastes in construction activities, if the same is available within 100 km of the construction site. In addition, CPWD, and NBCC promote (a) maximum of 20% replacement of aggregates in Reinforced Cement Concrete (RCC) with Recycled Concrete Aggregate (RCA) and (b) 100% replacement of aggregates with RCA in light or non-load bearing lean concrete.

iv. Central Road Research Institute (CRRI): certification of recycled aggregates for use as Granular Sub Base (GSB) in road construction

v. Building Materials and Technology Promotion Council (BMTPC): BMTPC 2016 Guidelines for Utilization of Construction & Demolition Waste in Construction of Dwelling Units and Related Infrastructure in Housing Schemes of the Government

vi. Indian Roads Congress (IRC): The Indian Roads Congress (IRC) issued 'IRC-121:2017 Guidelines for Use of C&D waste in Road Sector' outlining the kind of materials from recycled C&D Waste, proportion that may be safely used for specific road construction/repair applications.

vii. Bureau of Indian Standards (BIS): The Bureau of Indian Standards (BIS) has included the specification for coarse and fine aggregates to include manufactured aggregates produced from other than natural sources2292 HARYANA GOVT. GAZ., DEC. 15, 2020 (AGHN. 24, 1942 SAKA) [PART I

(Sd.)…, Additional Chief Secretary to Government Haryana, Urban Local Bodies Department.

8981—C.S.—H.G.P., Pkl.