Order

click here for IIIF manifest

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 1416 CUTTACK, TUESDAY, JULY 30, 2019 / SRAVAN 8, 1941

PANCHAYATI RAJ & DRINKING WATER DEPARTMENT

ORDER

The 18th July, 2019

S.R.O.No.259/2019― Whereas, the Solid Waste Management Rules, 2016 were published under the notification of the Government of India in the Ministry of Environment, Forest and Climate Change in the Gazette of India, Part II, number S.O. 1357 (E), dated the 8th April, 2016.

And, Whereas, the State Government in order to implement the provision of the said rules in the rural areas in the State, do here by provide the following Bye-Laws namely Solid Waste Management in Gram Panchayats of Odisha 2019 to be adopted by all the Gram Panchayats of the State.

Now, therefore, in exercise of the powers conferred by Section 151 of the Odisha Gram Panchayat Act-1964 (Odisha Act 1 of 1965), the State Government do here by order that "Bye-Laws for Solid Waste Management in Gram Panchayats Odisha, 2019" shall be adopted by all the Gram Panchayats of the State by 15th August, 2019.

BYE-LAWS FOR SOLID WASTE MANAGEMENT

IN

GRAM PANCHAYATS OF ODISHA, 2019

1. Short title and commencement :

These Bye-laws may be called the 'Bye-Laws for Solid Waste Management in Gram Panchayats of Odisha 2019'.

2. Application of the Bye-laws :

The Bye-laws shall be applicable to every area falling under the Gram Panchayat boundary including outgrowths falling, State and Central government organisations, educational institutions, markets, hotels and restaurants, places of religious and historical2 importance, as may be notified by the State Government and to every domestic, institutional, commercial and any other non-residential solid waste generator situated in the area, except industrial waste, hazardous waste, hazardous chemicals, bio medical wastes, e-waste, lead acid batteries and radio-active waste, that are covered under separate rules.

3. Definitions :

In these Bye-laws, unless the context otherwise requires―

(a) Solid waste" means and includes solid or semi-solid domestic waste, sanitary waste, commercial waste, institutional waste, catering and market waste and other non-residential wastes, street sweepings, silt removed or collected from the

bio-medical waste excluding industrial waste, bio-medical waste and e-waste, battery waste, radio-active waste generated in the area under the Local Authorities.

(b) "Bio-degradable waste" means any organic material that can be degraded by micro-organisms into simpler stable compounds.

(c) "Bio-methanation" means a process which entails enzymatic decomposition of the organic matter by microbial action to produce methane rich biogas.

(d) "Bye-laws" means regulatory framework notified by local body, census town and notified area townships for facilitating the implementation of these rules effectively in their jurisdiction.

(e) "Composting" means a controlled process involving microbial decomposition of organic matter.

(f) "Disposal" means the final and safe disposal of post processed residual solid waste and inert street sweepings and silt from surface drains on land as specified in Schedule I to prevent contamination of ground water, surface water, ambient air and attraction of animals or birds.

(g) "Domestic hazardous waste" means discarded paint drums, pesticide cans, CFL bulbs, tube lights, expired medicines, broken mercury thermometers, used batteries, used needles and syringes and contaminated gauge, etc., generated at the household level.

(h) "Dry waste" means waste other than bio-degradable waste and inert street sweepings and includes recyclable and non-recyclable waste, combustible waste and sanitary napkin and diapers, etc.

(i) "Facility" means any establishment wherein the solid waste management processes namely segregation, recovery, storage, collection, recycling, processing, treatment or safe disposal are carried out.

(j) "Inerts" means wastes which are not bio-degradable, recyclable or combustible street sweeping or dust and silt removed from the surface drains.

(k) "Informal waste collector" includes individuals, associations or waste traders who are involved in sorting, sale and purchase of recyclable materials.

(l) " Local body" for the purpose of these Bye-laws means and includes the Gram Panchayat.

(m) "Non-biodegradable waste" means any waste that cannot be degraded by microorganisms into simpler stable compounds.

(n) "Processing" means any scientific process by which segregated solid waste is handled for the purpose of reuse, recycling or transformation into new products.

(o) "Recycling" means the process of transforming segregated non-biodegradable solid waste into new material or product or as raw material for producing new products which may or may not be similar to the original products.

(p) "Sanitary waste" means wastes comprising of used diapers, sanitary towels or napkins, tampons, condoms, incontinence sheets and any other similar waste;

(q) "Treatment" means the method, technique or process designed to modify physical, chemical or biological characteristics or composition of any waste so as to reduce its volume and potential to cause harm.

(r) "User fee" means a fee imposed by the local body on the waste generator to cover full or part cost of providing solid waste collection, transportation, processing and disposal services.

(s) "Vermi composting" means the process of conversion of bio-degradable waste into compost using earth worms.

(t) "Waste generator" means and includes every person or group of persons, every residential premises and non-residential establishments including Indian Railways, defence establishments, which generate solid waste.

(u) "Waste picker" means a person or groups of persons informally engaged in collection and recovery of reusable and recyclable solid waste from the source of waste generation the streets, bins, material recovery facilities, processing and waste disposal facilities for sale to recyclers directly or through intermediaries to earn their livelihood.

Words and expressions used herein but not defined, but defined in the Environment (Protection) Act, 1986, the Water Prevention and Control of Pollution) Act, 1974, Water (Prevention and Control of Pollution) Cess Act, 1977 and the Air (prevention and Control of Pollution) Act, 1981, Solid Waste Management Rules, 2016, Guidelines on Solid and Liquid Waste Management (SLWM) in Rural Areas, 2014; shall have the same meaning as assigned to them in the respective Acts and Rules and their subsequent amendments.

4. Institutional arrangement :

(a) District Advisory Committee on Solid Waste Management :

In order to effectively plan, implement, manage and monitor the District level solid waste management interventions, an advisory committee with the following members shall be constituted in each District. The Chairperson shall delegate various responsibilities such as technical support during drafting Solid Waste Management Action Plan, surveys, management, monitoring, etc. to the members of this Committee.

(b) Block Advisory Committee on Solid Waste Management :

In order to effectively plan, implement, manage and monitor the block level solid waste management interventions, an advisory committee with the following members shall be constituted in each block. The Chairperson shall delegate various responsibilities such as technical support during drafting Solid Waste Management Action Plan, surveys, management, monitoring, etc. to the members of this committee.

(c) Gram Panchayat Committee on Solid Waste Management :

In order to effectively plan, implement, manage and monitor the gram panchayat level solid waste management interventions, a committee with the following members shall be constituted in each gram panchayat. The Chairperson shall delegate various responsibilities such as technical support during drafting Solid Waste Management Action Plan, surveys, management, monitoring, etc. to the members of this committee.

(I) Duties and responsibilities of waste generators :

Every waste generator shall abide by the duties enlisted for them in the Solid Waste Management Rules, 2016, and its subsequent amendments. The key responsibilities of the waste generators shall include―

(a) Every waste generator shall,

(i) segregate and store the waste generated by them in three separate streams namely bio-degradable, non-biodegradable and domestic hazardous wastes in suitable bins and handover segregated wastes to authorised waste pickers or waste collectors as per the direction or notification by the Local Authorities from time to time;

(ii) wrap securely the used sanitary waste like diapers, sanitary pads etc., in the pouches provided by the manufacturers or brand owners of these products or in a suitable wrapping material as instructed by the Local Authorities and shall place the same in the bin meant for dry waste or non- bio-degradable waste;

(iii) store separately construction and demolition waste, as and when generated, in own premises and shall dispose off as per the Construction and Demolition Waste Management Rules, 2016; and

(iv) store horticulture waste and garden waste generated from his premises separately in his own premises and dispose of as per the directions of the local body from time to time.

(b) No waste generator shall throw, burn or burry the solid waste generated, on streets, open public spaces or in the drain or water bodies.

(c) All waste generators shall pay such user fee for solid waste management, as adopted by the Gram Panchayat. An indicative list has been shared in Annexure-I.

(d) No person shall organise an event or gathering of more than fifty persons at any unlicensed place without intimating the local body, at least three working days in advance and such person or the organiser of such event shall ensure segregation of waste at source and handing over of segregated waste to waste collector or agency as specified by the local body.

(e) Every street vendor shall keep suitable containers for storage of waste generated during the course of activity such as food waste, disposable plates, cups, cans, wrappers, coconut shells, leftover food, vegetables, fruits, etc., and shall deposit such waste at waste storage depot or container or vehicle as notified by the local body.

(f) The following stakeholders, within one year from the date of notification of these Bye-laws and in partnership with the local body shall ensure segregation of waste at source by the generators, facilitate collection of segregated waste in separate streams, handover recyclable material to either the authorised waste pickers or the authorised recyclers. The bio-degradable waste shall be processed, treated and disposed off through composting or bio-methanation within the premises as far as possible. The residual waste shall be given to the waste collectors or agency as directed by the local body.

(i) Market Associations

(ii) Local associations managing tourist and places of religious importance (iii) Local Haat

(iv) Kalyan Mandaps

(v) Industrial estates, etc.

II. Duties and responsibilities of the Secretary, Department of Panchayati Raj &

Drinking Water, Odisha :

The Secretary, Department of Panchayati Raj & Drinking Water in the State, through the Director Drinking Water and Sanitation, shall abide by the duties enlisted for them in the Solid Waste Management Rules, 2016, and its subsequent8 amendments. The key responsibilities of the Secretary, Department of Panchayati Raj & Drinking Water, Odisha shall include―

(a) Prepare a State policy and solid waste management strategy for the State in consultation with stakeholders. The State policy and solid waste management strategy shall

(i) Emphasise on waste reduction, reuse, recycling, recovery and optimum utilisation of various components of solid waste to ensure minimisation of waste going to the landfill and minimise impact of solid waste on human health and environment.

(ii) Acknowledge the primary role played by the informal sector of waste pickers, waste collectors and recycling industry in reducing waste and provide broad guidelines regarding integration of waste picker or informal waste collectors in the waste management system.

(b) Ensure implementation of provisions of these rules by all Panchayati Raj Institutions.

(c) Ensure identification and allocation of suitable land to the local bodies, within 6 month of enacting of the Bye-laws, for setting up of processing and disposal facilities for solid wastes at the Gram Panchayats or at cluster levels, and incorporate them in the plan of District planning committees.

(d) Direct the developers and mangers of the following units, falling under the areas of the local bodies to earmark at least five per cent of the total area of the plot or minimum five plots or sheds for recovery and recycling facility.

(i) Market Associations

(ii) Local associations managing tourist and places of religious importance (iii) Local Haat

(iv) Kalyan Mandaps

(v) Industrial estates, etc.

(e) Arrange for capacity building of Panchayati Raj Institutions in managing solid waste, segregation and transportation or processing of such waste at source.

(f) Coordinate with departments such as the State Pollution Control Board for permissions and other compliance related issues.

(g) Implement a mechanism for registration of waste pickers, waste dealers and Self Help Groups for strengthening Solid Waste Management interventions in the State.

III. Duties and responsibilities of District Magistrate or District Collector :

The District Magistrate or District Collector shall abide by the duties enlisted for them in the Solid Waste Management Rules, 2016, and its subsequent amendments. The key responsibilities of the District Magistrate or District Collector shall include―

1. Facilitate identification and allocation of suitable land for setting up solid waste processing and disposal facilities to Local Authorities in his District in close coordination with Secretary, Department of Panchayati Raj & Drinking Water in the State.

2. Review the performance of blocks, on waste segregation, processing, treatment and disposal and take corrective measures in consultation with Secretary, Department of Panchayati Raj & Drinking Water in the State.

3. Coordinate with line departments, local pollution control board and other government bodies for effective implementation of the Solid Waste Management provisions.

4. Identify and facilitate involvement of organizations working on Solid Waste Management in implementation of these activities in the District.

5. Facilitate priority sector lending by banks to Self Help Groups and Micro, Small & Medium Enterprises working on providing solutions, services and manufacturing of alternatives for Solid Waste Management.

IV. Duties and responsibilities of Block Development Officer :

The Block Development Officer shall support District Magistrate or District Collector in execution of the duties enlisted for them in the Solid Waste Management Rules, 2016, and its subsequent amendments. The key responsibilities of the Block Development Officer shall include―

(a) Review the performance of Gram Panchayats, on waste segregation, processing, treatment and disposal and take corrective measures in consultation with Secretary, Department of Panchayati Raj & Drinking Water in the State.

(b) Coordinate with line departments and institutional stakeholders for effective implementation of the Solid Waste Management provisions.

V. Duties and responsibilities of Gram Panchayat/ Local Authorities :

The Gram Panchayat/ Local Authorities shall abide by the duties enlisted for them in the Solid Waste Management Rules, 2016, and its subsequent amendments.

The key responsibilities of the Gram Panchayat/ Local Authorities shall include― (a) Ensure adoption and effective implementation of the Bye-laws.

(b) Prepare a solid waste management plan as per State policy and strategy on solid waste management and submit a copy to respective departments of State Government.

(c) Arrange for door to door collection of segregated solid waste including plastic waste from all households and institutions located within the area of the local body.

(d) Establish a system to recognise organisations of waste pickers or informal waste collectors and promote and establish a system for integration of these authorised waste-pickers and waste collectors to facilitate their participation in solid waste management including door to door collection of waste.

(e) Facilitate formation of Self Help Groups, and encourage integration in solid waste management including door to door collection of waste.

(f) Prescribe from time to time user fee as deemed appropriate and collect the fee from the waste generators on its own or through authorised agency as prescribed under Odisha Gram Panchayat Act, 1964 & Rule, 2014.

(g) Direct waste generators not to litter i.e. throw or dispose of any waste such as paper, water bottles, liquor bottles, soft drink canes, tetra packs, fruit peel, wrappers, etc., or burn or burry waste on streets, open public spaces, drains, waste bodies and to segregate the waste at source as prescribed under these rules and hand over the segregated waste to authorised waste pickers or waste collectors authorised by the local body.

(h) Setup storage facilities with sufficient space for sorting of recyclable materials including recyclable plastic waste to enable informal or authorised waste pickers and waste collectors to separate recyclables from the waste and provide easy access to waste pickers and recyclers for collection of segregated recyclable waste such as paper, plastic, metal, glass, textile from the source of generation or from material recovery facilities; Bins for storage of bio-degradable wastes shall be painted green, those for storage of recyclable wastes shall be printed white and those for storage of other wastes shall be printed black.

(i) Ensure that open burning of plastic waste does not take place

(j) Collect separately waste from sweeping of streets and direct street sweepers not to burn tree leaves collected from street sweeping.

(k) Provide training on solid waste management to waste-pickers and waste collectors.

(l) Handover segregated waste to waste pickers, waste collectors, recyclers or waste collection agencies.

(m) Involve communities in waste management and promotion of home composting, bio-gas generation, decentralised processing of waste at community level subject to control of odour and maintenance of hygienic conditions around the facility.

(n) Facilitate construction, operation and maintenance of solid waste processing facilities and associated infrastructure, as the need may be.

(o) Create public awareness through information, education and communication campaign and educate the waste generators on the following, namely:― (i) not to litter;

(ii) not to pollute rivers/ponds by disposing off bio degradable waste in these water bodies

(iii) regular cleaning of spot sources viz. hand-pumps, tube-wells, and stand- posts etc.

(iv) minimise generation of waste;

(v) reuse the waste to the extent possible;

(vi) practice segregation of waste into bio–degradable, non-biodegradable (recyclable and combustible), sanitary waste and domestic hazardous wastes at source;

(vii) practice home composting, vermi-composting, bio-gas generation or community level composting;

(viii) wrap securely used sanitary waste as and when generated in the pouches provided by the brand owners or a suitable wrapping as prescribed by the local body and place the same in the bin meant for non- bio-methanation;

(ix) storage of segregated waste at source in different bins;

(x) handover segregated waste to waste pickers, waste collectors, recyclers or waste collection agencies

(xi) pay monthly user fee or charges to waste collectors or local or any other person authorised by the local body for sustainability of solid waste management.

6. Enforcement and Monitoring mechanism :―

The following mechanism shall be followed for effective enforcement and monitoring 0f the Bye-laws across all Gram Panchayats:

(a) At District level :―

Project Director, District Rural Development Agencies shall be the Nodal Officer to oversee and coordinate the implementation of various Solid Waste Management activities and initiatives and enforcement of the Bye-laws in the Gram Panchayats in the District. The implementation of the Solid Waste Management activities shall be reviewed by the District Magistrate or District Collector on a bi-weekly basis, through the District Advisory Committee on Solid Waste Management.

(b) At block level:―

Each week, the Block Development Officer shall monitor the enforcement of the Bye-Laws and the implementation of Solid Waste Management activities in minimum of 10 per cent of the villages in his block, on rotation, and report on the status of activities to the District.

(c) At gram panchayat level :―

Each week, the Sarpanch shall monitor the enforcement of the Bye-Laws and the implementation of Solid Waste Management activities in minimum 30 per cent of the villages in his Gram Panchayat, on rotation, and report on the status of activities to the Block. The Gram Panchayat shall ensure collection of user charges, as per Annexure-1, and maintain accounts of expenses and user fees levied on Solid Waste Management activities. The accounts shall be submitted to the Block on a weekly basis. A meeting of the Gram Panchayat Committee on Solid Waste Management shall be convened every month to decide and levy a one-time fine, as per Annexure-2, on the offenders for littering or burning of wastes.

7. Convergence and financial management :―

(a) The District Advisory Committee on Solid Waste Management and the Gram Panchayat Committee on Solid Waste Management shall ensure convergence of schemes and grants in implementation of Solid Waste Management activities and initiatives in the Gram Panchayats. Convergence shall be planned through provisions of schemes and grants like Swachh Bharat Mission – Gramin (SBMG), Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS),13 Central Finance Commission (CFC) Grant, State Finance Commission (SFC) Grant, etc. For planned activities and initiatives on Solid Waste Management, the District Advisory Committee shall provide directives, from time to time, as per norms and procedures of various schemes and their subsequent amendments.

(b) Some of the key initiatives and activities where convergence shall be ensured include:

included in the Gram Panchayat Development Plan (GPDP) and undertaken in all the villages under the Gram Panchayat. The Gram Panchayat shall also place the requirement of the funds necessary for undertaking the Solid Waste Management interventions in the GPDP and the respective departments shall release funds as per prescribed norms. The Block Development Officer shall ensure that the Utilization Certificates are submitted in a timely manner to the respective departments. The directions and guidelines various schemes and grants shall be followed for financial management and effective financial closure of all funds used in Solid Waste Management activities. The Department of Panchayati Raj & Drinking Water, Odisha shall provide necessary guidelines on effective management of funds for Solid Waste Management activities.

8. Technology selection and implementation :―

(a) Technologies for various initiatives shall be selected based on the directions, guidelines and estimates of various schemes and grants, to ensure effective management of the Solid Waste.

(b) Information Education Communication (IEC) and Behaviour Change Communication (BCC) technologies shall be selected based on the directions, guidelines of various schemes and grants, to ensure effective capacity building on Solid Waste Management.

(c) Compost generated from various composting pits in the Gram Panchayats may be used by households for their own agriculture needs or may be sold in the market.

The Government of Odisha may provide required support for market linkages.

Standards on quality of compost, as prescribed in the Solid Waste Management Rules, 2016, and its subsequent amendments or as defined by the Government from time to time, may be followed.

9. Timeframe for implementation :―

Necessary provisions and preparation for pre planning, planning, resources and infrastructure for implementation of these bye-laws shall be made by the local bodies, on their own, by directly or engaging agencies within the time frame specified below:

ANNEXURE-I

PROPOSED USER FEE STRUCTURE

The following monthly fee structure to levy and collect user fee for management of Solid Waste Management from various waste generators shall be implemented across all Gram Panchayats.

User charges for Solid Waste Management from various waste generators (per month)

1. Households :

(a) INR 10 per month

2. Shops and Commercial establishments :

(a)  Up to 100 sq. ft.    ―     INR 50 per month
(b)  >100 to 500 sq. ft.  ―     INR 100 per month
(c)  >500 sq. ft. or more ―     INR 200 per month

3. Restaurants, Eateries and meat shops :

(a) Up to 100 sq.ft. – INR 100 per month

(b) >100 to 500 sq.ft. – INR 200 per month

(c) >500 sq.ft. or more – INR 400 per month

4. Hostels and Lodging :

(a) INR 500 per month + additional fees on restaurants and eateries in their premises 5. Government/ private Offices, Banks. Police Stations and office establishments :

(a) INR 500 per month

6. Hospitals and health care centres :

(a) INR 500 per month

7. Educational institutions :

(a) INR 500 per month

8. Residential institutions (Schools. Colleges, etc.) :

(a) INR 2,000 per month

9. Industries (for non-hazardous waste), including cold storages, godowns, etc. :

(a) Micro industries – INR 200 per month

(b) Small industries– INR 400 per month

(c) Medium industries – INR 800 per month

(d) Large industries – INR 10,000 per month

10. Marriage halls, haats, exhibitions, bus stands, railway stations, and places of

community assembly :

(a) INR 2,000 per month

Institutions of social security like orphanages, old age homes and religious institutions etc. may contribute voluntarily.

ANNEXURE-II

Proposed penalty provision

A meeting of the Gram Panchayat Committee on Solid Waste Management shall be convened every month to decide and levy a one-time fine on the offenders for littering or burning of wastes.

[No.12032-PR-RSPOLICY-0020/2019/P.R.&D.W.] By Order of the Governor D.K. SINGH

Principal Secretary to Government Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10 Ex. Gaz. 747-173+300