[ 351 ]

GOVERNMENT OF PUDUCHERRY

OULGARET MUNICIPALITY

F. No. 47-197/OM/Health/2020-21.

Jawahar Nagar, dated the 1st August 2022.

SOLID WASTE MANAGEMENT (SWM) BYE-LAWS

In exercise of the powers conferred under sections 3, 6 and 25 of

the Environment [Protection Act, 1986 (29 of 1986)], the Central

Government have enacted the Solid Waste Management Rules, 2016 to

regulate the Management of Solid Waste. The Solid Waste Management

Rules, 2016 shall apply to every Municipal Authority which shall within

its territorial area be responsible for the implementation of the provisions

of the said rules and for any infrastructure development for collection,

storage, segregation, transportation, processing and disposal of

municipal solid wastes. Further, it shall be the responsibility of the

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LA GAZETTE DE L'ETAT

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generator of wastes to co-operate with the Municipal Authority

concerned to avoid littering and ensure delivery of segregated wastes in

accordance with the collection and segregation system as notified in the

Solid Waste Management Rules, 2016.

2. In exercise of the powers conferred by section 443 of the

Puducherry Municipalities Act, 1973 (No. 9 of 1973), read with rule 15(e),

(f) and (zf) of the aforesaid Solid Waste Management Rule, 2016

Oulgaret Municipality has drafted this Oulgaret Municipality Solid Waste

Management Draft Bye-laws, 2021 has been published in Extraordinaire

Government Gazette Part-II vide No. 53, dated 23rd December, 2021, for

information of all persons likely to be affected thereby and notice is

hereby issued that the said bye-laws shall be taken into consideration

after the expiry of 30 (thirty) days from the date of its publication.

3. No valid Objection and suggestions were received within the

aforesaid stipulated period.

4. The Designated Officer who has been appointed by the

Government under clause (b) of sub-section (2) of section 109 of the

Puducherry Municipalities Act, 1973 (vide G.O. Ms. No. 34/LAS/A4/2015,

dated 25-03-2015 of the Local Administration Department) to exercise all

the powers and to perform all the functions of Oulgaret Municipal

Council has therefore, adopted the following Draft Solid Waste

Management (SWM) Bye-Laws as final one.

5. In exercise of the powers conferred upon by sub-section (1) of

section 501 of the Puducherry Municipalities Act, 1973, the Government

has authorised the Secretary to Government, Local Administration) to

approve and confirm the Bye-laws of Municipal Councils - vide G.O. Ms.

No. 292, dated 06-10-1976 of the Local Administration Department.

6. The Secretary to Government (Local Administration) has

approved and confirmed the following Oulgaret Municipality Solid Waste

Management (OM-SWM) Bye-laws, 2021 vide 47-197/Health/OM/2020-21,

dated 22-07-2022 of the Local Administration and has been published in

the Puducherry State Gazette for information of the public as required

under section 447 (2) of the Puducherry Municipalities Act, 1973 as

Oulgaret Municipality Solid Waste Management (OM-SWM) Bye-laws,

2021.

7. These Oulgaret Municipality Solid Waste Management

(OM-SWM) Bye-laws, 2021will come into effect immediately form the date

of publication in the Official Gazette.

A. SURESHRAJ,

Commissioner.

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CHAPTER I

GENERAL

1. Short title, extent and commencement.— These Bye-laws may

be called as the Oulgaret Municipality Solid Waste Management

(OM-SWM) Bye-laws, 2021.

2. Extent of application.— (1) These Bye-laws shall be applicable

within the jurisdiction of Oulgaret Municipality.

(2) These Bye-laws shall be read along with–

(a) the Bye-laws "Levy of Collection Charges for Removal of

Solid Waste from Residential and Non-Residential Premises 2017"

published in the Official Gazette of Puducherry vide Extraordinary

Gazette Part-II, No. 65, dated 19-11-2018 (framed by Oulgaret

Municipality) and amendment to the said Bye-law published in the

Official Gazette of Puducherry vide Extraordinary Gazette, Part-II,

No. 15, dated 08-03-2019 framed by Oulgaret Municipality and

Local Administration Order No. 1516/LAD/PPS(1)/2016, dated

07-02-2020 and amendment succeeding this Bye-law from time to

time by this Municipality.

(b) Plastic Ban Order : The "Bye-laws For Plastic Waste

Management (Amendment) 2021, published in the Extraordinary

Gazette, Part-II, No. 18, dated 18-04-2022 framed by Oulgaret

Municipality and amendment succeeding this Bye-Law from time to

time by this Municipality.

published vide Official Gazette No. 5 of 29th January, 2019 for

collection and transportation of Construction and Demolition waste

by Oulgaret Municipality and amendment succeeding this Bye-Law

from time to time by this Municipality.

3. Definitions.– (1) In these Bye-laws and the Schedule attached

thereto, the words and expressions used but, not defined shall have the

meanings respectively assigned to them, unless the context otherwise

requires,

3.1 "Agency or Service Provider'' means, any Person/any

Company, Registered Society, Trust, Partnership, Limited Liability

Partnership and/or any other registered entity including registered

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organization of Waste Pickers and/or Waste Traders which has been

appointed or authorised by Oulgaret Municipality to Act on its behalf

including an Empaneled Vendor, for discharge of duties or functions

under the SWM Rules, 2016 and this Bye-law 2021, in a manner that is

in compliance with all applicable regulations including Labour Laws;

3.2 "Aerobic composting" means, a controlled process involving

microbiological decomposition of organic matter in the presence of

oxygen;

3.3 "Anaerobic digestion" means, a controlled process involving

microbial decomposition of organic matter in the absence of oxygen.

3.4 "Authorization" means, the permission given by the

Puducherry Pollution Control Committee (PPCC), to the operator of a

facility or Urban Local Authority, or any other agency responsible for

processing and disposal of solid waste.

3.5 "Bio-degradable waste" means, any organic material that can

be degraded by micro- organisms into simpler stable compounds;

3.6 "Bio-methanation" means, a process which entails enzymatic

decomposition of the organic matter by microbial action to produce

methane rich biogas;

3.7 "Ward" means, one among the notified divisions of Oulgaret

Municipal jurisdiction containing households, shops and commercial

establishments, streets and roads connecting these households and

establishments, which may however be adjusted by Oulgaret Municipality

based on per capita generation of solid waste and other local conditions,

to plan for and execute effective waste collection, transportation and

processing.

3.8 "Bio-medical Waste" means, any waste, which is generated–

(i) during the diagnosis, treatment or immunization of human

beings or animals or in research activities pertaining thereto; or

(ii) in the production or testing of preparation(s) made from

organisms or micro- organisms or product of metabolism and

biochemical reactions intended for use in the diagnosis,

immunization or the treatment of human beings or animals or in

research activities pertaining thereto; or

(iii) in health camps; an illustrative list as specified in Part D of

Schedule I.

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3.9 "Brand owner" means, a person or company who sells any

commodity under a registered brand label.

3.10 "Bulk waste generator" means, and includes buildings

occupied by the Central Government Departments or undertakings, State

Government Departments or Undertakings, Local Bodies, Public Sector

Undertakings or private companies, hospitals, nursing homes, schools,

colleges, universities, other educational institutions, hostels, hotels,

commercial establishments, markets, places of worship, residential

appartments/gated communities/group housing having more than

25 dwelling units, stadia and sports complexes, with an average waste

generation rate exceeding 50 kg. per day or area exceeding 5,000 sqm.

However, Oulgaret Municipality reserves the right to modify the

threshold of waste generation for being declared as bulk waste generator

at any later point of time and also the manner of collection of bulk waste,

as notified through an official order;

3.11 "Bulk Garden and Horticultural Waste" means, bulk waste

from parks, gardens, traffic islands, road medians and similar places

including grass and wood clippings, weeds, woody 'brown' carbon-rich

material such as pruning, branches, twigs, wood chipping, straw or dead

leaves and tree trimmings, which cannot be accommodated in the daily

collection system for Bio-degradable Waste;

3.12 "Bulky Waste" shall consist of Solid Waste generated

by commercial and residential Premises which, by virtue of its mass,

shape, size or quantity is, in the opinion of Oulgaret Municipality and/

or for collection of waste, inconvenient to be accommodated in the daily

Door to Door Collection system provided by Oulgaret Municipality For

example, old mattress, old furniture or other bulky waste. An illustrative

list as specified in Part E of Schedule I;

3.13 "Bye-laws" means, the regulatory framework notified by

local body, for facilitating the implementation of these rules effectively

in their jurisdiction.

3.14 "C and D Rules" means, the Construction and Demolition

Waste Management Rules, 2016 including notifications, orders and

directions issued by Oulgaret Municipality and/or appropriate

Governmental Authority pursuant to these rules;

3.15 "Construction and Demolition Waste" shall have the same

meaning as assigned under clause (c) of sub-rule (1) of rule 3 of

Construction and Demolition Waste Management Rules, 2016;

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3.16 "CPCB" means, the Central Pollution Control Board;

3.17 "Clean Area" means, the public place in front and all around

or adjacent to any premises extending to the kerb side and including the

drain, foot path and kerb.

3.18 "Cleanliness Fee" means, an amount to be collected from the

Event Managers/Organizers for cleaning the event site by the Agency.

3.19 "Combustible Waste" means, non-biodegradable, non-

recyclable, non-reusable, non-hazardous solid waste having minimum

calorific value exceeding 1,500 kcal./kg. and excluding chlorinated

materials like plastic, wood pulp, etc.;

3.20 "Community waste storage bin" means, any storage facility

set up and maintained by the Municipality/Agency/Service Providers

collectively by owners and or/occupiers of one or more premises for

storage of solid waste in a segregated manner in the roadside/premises

of any one of such owners/occupiers or in their common premises,

3.21 "Composting" means, a controlled process involving

microbial decomposition of organic matter;

3.22 "Co-processing" means, use of non-biodegradable and

non-recyclable solid waste having calorific value exceeding 1500kcal/kg.

as raw material or as a source of energy or both to replace or

supplement the natural mineral resources and fossil fuels in industrial

processes;

3.23 "Decentralized processing" means, establishment of

dispersed local facilities for maximizing the processing of biodegradable

waste and recovery of recyclables closest to the source of generation

so as to minimize transportation of waste for processing or disposal;

3.24 "Disposal" means, the final and safe disposal of post

processed residual solid waste and inert street sweepings and silt from

surface drains on land to prevent contamination of ground water, surface

water, ambient air and attraction of animals or birds;

3.25 "Domestic hazardous waste" means, that waste generated

at the household level which includes discarded paint drums, pesticide

cans, CFL bulbs, tube lights, expired medicines, broken mercury

thermometers, used batteries, used needles and syringes and

contaminated gauze, etc.;

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3.26 "Door to door collection" means, collection of solid waste

from the door step of households, shops, commercial establishments,

offices, institutional or any other non-residential premises, excluding

collection of such waste from bulk generators;

3.27 "Dry waste" means, waste other than bio-degradable

waste and inert street sweepings and includes recyclable and non-

recyclable waste, combustible waste, etc.;

3.28 "Dry Waste Collection Centre or DWCC" means,

a decentralized waste management facility to aggregate, store, sort

and handle Non-Biodegradable Waste that is operated by Oulgaret

Municipality and/or the Agency/Service Provider/Waste picker

organizations/self help groups etc.;

3.29 "Dump sites" means, a land utilized by Local Body for

disposal of solid waste without following the principles of sanitary land

filling;

3.30 "Event" means, any gatherings for the purpose of

functions, celebrations, meetings, rallies, processions, open air theatre

activities, cinema shootings, etc., in public places;

3.31 "Extended Producer Responsibility" (EPR) means,

responsibility of any producer of packaging products such as plastic,

tin, glass and corrugated boxes, etc., for environmentally sound

management, till end-of-life of the packaging products; and EPR as

defined in Rule 3(h) of Plastic Waste Management Rules, 2016 and Rule

3(1) (t) E-Waste Management Rules, 2016.

3.32 "E-waste" shall have the same meaning as assigned under

clause (r) of sub- rule(1) of rule (3) of the E-Waste Management

Rules, 2016;

3.33 "Empaneled Vendor" means, any company, registered

society, trust, partnership, limited liability partnership and/or registered

entity including registered organization of Waste Pickers and/or Waste

Traders empaneled with Oulgaret Municipality for providing services

relating to Solid Waste Management after Oulgaret Municipality carries

out a due diligence exercise to verify if, such persons/entities have the

necessary infrastructure including approved destinations for processing

of solid waste, to carry out the duties or functions under the SWM Rules

and these Bye-laws;

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3.34 "Facility" means, any establishment wherein, the solid

waste management processes namely, segregation, recovery, storage,

collection, recycling, processing, treatment or safe disposal of solid

waste are carried out;

3.35 "Familiarization/warning period" means, that specific

period, during which there is a relaxation in the fines for contravention

of these Bye-laws;

3.36 "Fine" means, penalty imposed on waste generators or

operators of waste processing and disposal facilities under the bye-laws

for non- compliance of the directions contained in these rules and/or

bye-laws and be recoverable pursuant to the provisions of section 175

to 192 of the Pondicherry Municipalities Act, 1973.

3.37 "Handling" includes all activities relating to sorting,

segregation, material recovery, collection, secondary storage, shredding,

baling, crushing, loading, unloading, transportation, processing and

disposal of solid wastes;

3.38 "Hazardous Waste" means, any waste which by reason

of any of its physical, chemical, reactive, toxic, causing danger or is

likely to cause danger to health or environment, whether alone or

when in contact with other wastes or substances and shall include

wastes specifically listed in Part C of Schedule-I, of these Bye-laws and

all other hazardous wastes as defined in the Hazardous Wastes

(Management and Handling) Rules, 1989 as amended to date and the

Hazardous and Other waste (Management and Transboundary

Movement) Rules, 2016.

3.39 "Incineration" means, an engineered process involving

burning or combustion of solid waste to thermally degrade waste

materials at high temperatures;

3.40 "Inerts Waste" means, wastes which are not bio-degradable,

recyclable or combustible such as street sweeping waste or dust and silt

removed from the surface drains or process rejects from processing of

waste;

3.41 "Informal waste collector" includes individuals, associations

or waste traders who are involved in sorting, sale and purchase of

recyclable materials;

3.42 "PPCC" means, the Puducherry Pollution Control Committee.

3.43 "Leachate" means, the liquid that seeps through solid

waste or other medium and has extracts of dissolved or suspended

material from it;

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3.44 "Litter" means, all refuse and includes any other waste

material which, if, thrown or deposited as prohibited under these

Bye-laws, tends to create uncleanliness or a danger or nuisance to public

health, safety or welfare.

3.45 "Littering" means, putting/throwing litter in such a

location that it falls, descends, blows, is washed, percolates or otherwise

escapes or is likely to fall, descend, blow, be washed, percolate or

otherwise escape into or onto any public place, or causing, permitting

or allowing litter to fall, descend, blow, washed, percolate or otherwise

escape into or onto any public place.

3.46 "Market Associations" means, a group or association of

shop owners or shopkeepers, traders, businessmen, dealers, merchants,

brokers or other Agency or Service Providers of a particular

neighborhood, market or locality that may or may not be registered with

the Registrar of Co-operative Societies and, or any other Authority;

3.47 "Materials Recovery Facility" (MRF) means, a facility

where non-compostable solid waste can be temporarily stored by the

Oulgaret Municipality or any other entity mentioned in rule 2 of Solid

Waste Management Rules, 2016 or any person or agency authorised by

any of them to facilitate segregation, sorting and recovery of recyclables

from various components of waste by authorised informal sector of waste

pickers, informal recyclers or any other work force engaged by the Local

Body or entity mentioned in rule 2 of Solid Waste Management Rules, 2016

for the purpose before the waste is delivered or taken up for its

processing or final disposal;

3.48 "Neighborhood" means, a clearly defined locality, with

reference to its physical layout, character or inhabitants;

3.49 "New construction" means, all buildings under construction

within the limits of the Oulgaret Municipality;

3.50 "Non-biodegradable waste" means, any waste that cannot

be degraded by microorganisms into simpler stable compounds;

3.51 "Nuisance" includes any act, omission, place or thing

which comes or is likely to cause injury, danger, annoyance or offence

to the sense of sight, smelling or hearing or which is or may be

dangerous to life or injurious to health or property.

3.52 "Nuisance Detectors" (NDs) means, those employees of

the Oulgaret Municipality who are appointed by the Commissioner to

detect, the acts of public nuisance, etc., or those technological

interventions which also detect, acts of Public Nuisance.

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3.53 "Occupier" means, and includes, any Person who is paying

or is liable to pay–

(i) to the owner the rent on enjoying the premises at free of cost

or any part thereof for the land, building(s), room(s) and/or similar

premises for occupation or use;

(ii) an owner in occupation of, or otherwise using his land,

building(s), room(s) and/or similar premises;

(iii) a rent-free tenant of any land, building(s), room(s) and/or

similar premises;

(iv) a licensee in occupation of any land, building(s), room(s)

and/or similar premises;

(v) any Person who is liable to pay to the owner damages for

the use and occupation of any land, building, room(s) and/or

similar premises; and

(vi) relevant Head of a Government Department or Office, in

respect of properties under their respective control;

3.54 "Operator of a facility" means, a person or entity, who

owns or operates a facility for handling solid waste which includes the

Oulgaret Municipality and any other entity or agency appointed by the

Oulgaret Municipality;

3.55 "Owner" means, any person who exercises the rights of an

owner of any building, or land or part thereof;

3.56 "Point to Point Collection" means, the system of collection

of Solid Waste from specific pick-up points as designated by Oulgaret

Municipality, up to which the Waste Generator must bring the collected

and segregated Solid Waste for storage at collection points/waste

depots/waste receiving kiosks or designated locations for onward

delivery in vehicles so provided by Oulgaret Municipality and/or the

Agency/Service Provider;

3.57 "Primary collection" means, collecting, lifting and removal

of segregated solid waste from source of its generation including

households, shops, offices and any other non-residential premises or

from any collection points or any other location specified by the

Oulgaret Municipality;

3.58 "Processing" means, any scientific process by which

segregated solid waste is handled for the purpose of reuse, recycling or

transformation into new products;

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3.59 "Processing Fee" means, a fee or support price as

determined by Oulgaret Municipality to be paid to the owner/

concessionaire or operator of waste processing facility or for disposal

of residual solid waste at the landfill being used, wherever felt necessary;

3.60 "Public place" includes any road, arch road, viaduct,

lane, footway, alley or passage, highway, causeway, bridge, square alley

or passage whether a thoroughfare or not over which the public have a

right of passage, and such places to which the public has access such

as parks, gardens, recreation grounds, playgrounds, beaches, water

bodies, water courses, public plazas and promenades, Government and

Municipal buildings, public hospitals, markets, slaughter houses, Courts, etc.;

3.61 "Public Nuisance" means, any act, omission, offence or

wrong-doing in any public place which causes or is likely to cause

injury, danger, annoyance or offense to the sense of sight, smell,

hearing or disturbance to movement, work or rest, or which is or may be

dangerous to life or injurious to health or property;

3.62 "Premises" means, any land, building or part of a

building and includes any gardens and grounds appertaining to a

building or part thereof and structures constructed on the land, used

for purposes of residence, trade, industry, service, business,

Government or any other public or private purpose including weddings,

banquets, meetings, exhibitions, organized events, etc., It also includes

any portion of a public road that is permitted by Oulgaret Municipality

to be used for the time being for parking of vehicles, street vending,

storage of materials at a work site or for any public or private purpose

whatsoever other than the movement of vehicles;

3.63 "Receptacle" means, any storage container, including bins

and bags, used for the storage of any category of solid waste;

3.64 "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;

3.65 "Recyclable Waste" means, the waste that is commonly

found in the solid waste and is also collectively and commonly called as

"Dry Waste". These include many kinds of glass, paper, metal, plastic,

textiles, electronics goods, etc.

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3.66 "Refuse" means, any waste matter generated out of

different activities, processes either Bio-degradable/Non-biodegradable/

Recyclable in nature in either solid or semi- solid form which cannot be

consumed, used or processed by the generator in its existing form.

3.67 "Refuse Derived Fuel" (RDF) means, fuel derived from

combustible fraction of solid waste like plastic, wood, pulp or organic

waste, other than chlorinated materials, in the form of pellets or fluff

produced by drying, shredding, dehydrating and compacting of solid

waste;

3.68 "Rendering" means, the slaughter of animals and fowl,

processing of the carcasses into cured, canned, and other meat products,

and the rendering of inedible and discarded remains into useful by-

products such as lards and oils.

3.69 "Residual Inert Waste" means, and includes the waste and

rejects from the solid waste processing facilities which are not suitable

for recycling or further processing;

3.70 "Rules" means, Solid Waste Management Rules, 2016,

Plastic Waste Management Rules, 2016, Biomedical waste Management

Rules , 2016, The E-Waste Management Rules, 2016, The Hazardous and

other waste(Management and Transboundary Movement) Rules, 2016.

3.71 "Resident Welfare Associations" means, a group or

association of owners or occupiers of residential premises of a particular

neighborhood or locality lying within the jurisdiction of Oulgaret

Municipality, that may or may not be registered with the Registrar

of Co-operative Societies (or) any other Authority, and which involves

itself in civic issues pertaining to Oulgaret Municipality;

3.72 "Sanitary Landfill" means, the facility for final and safe

disposal of residual inert waste on land designed with protective

measures against pollution of groundwater, surface water and fugitive

air dust, wind-blown litter, bad odour, fire hazard, animal menace, bird

menace, pests or rodents, greenhouse gas emissions, persistent organic

pollutants, slope instability and erosion;

3.73 "Sanitary Waste" means, wastes comprising of used

diapers, sanitary towels or napkins, menstrual cloth and cups,

incontinence sheets, tampons, condoms, ear buds, toilet paper, band aid,

syringes from households and any other similar waste;

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3.74 "Street Sweeping'' means, the sweeping and collection of

Solid Waste from public streets, parks and other public areas and

cleaning of surface drains/trenches abutting Public Streets and related

activities;

3.75 "Secondary Storage" means, the temporary containment of

solid waste after primary collection at secondary waste storage points

or Material Recovery Facilities (MRFs) or bins for onward transportation

of the waste to the processing or disposal facility;

3.76 "Segregation" means, sorting and separate storage of

various components of solid waste namely bio-degradable wastes

including agriculture and dairy waste, non-biodegradable wastes

including recyclable waste, non-recyclable combustible waste and non-

recyclable inert waste, sanitary waste including domestic hazardous

wastes, and construction and demolition (C&D) wastes;

3.77 "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 surface drains, horticulture

waste, agriculture and dairy waste, treated bio-medical waste, Hazardous

waste, excluding industrial waste, bio-medical waste and e-waste,

battery waste, radio-active waste generated in the area under the local

authorities and other entities mentioned in rule 2 Solid Waste

Management Rules, 2016;

3.78 "Sorting" means, separating various components and

categories of recyclables such as paper, plastic, cardboards, metal, glass,

etc., from mixed solid waste as may be appropriate to facilitate recycling;

3.79 "Source" means, the premises in which the waste is

generated or a community storage centre used by owners/occupiers of

one or more premises for segregated storage of Solid Waste;

3.80 "Stabilising" means, the biological decomposition of

biodegradable wastes to a stable state where it generates no leachate or

offensive odours and is fit for application to farm land, soil erosion

control and soil remediation;

3.81 "Stabilised biodegradable waste" means, the biologically

stabilized (free of pathogens) waste resulting from the mechanical/

biological treatment of biodegradable waste; and only when Stabilised

can such waste be used with no further restrictions;

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[PART–II

3.82 "Street vendor" means, any person engaged in vending of

articles, goods, wares, food items or merchandise of everyday use or

offering services to the general public, in a street, lane, side walk,

footpath, pavement, public park or any other public place or private

area, from a temporary built up structure or by moving from place to

place and includes hawker, peddler, squatter and all other synonymous

terms which may be local or region specific; and the words "street

vending'' with their grammatical variations and cognate expressions,

shall be construed accordingly;

3.83 "Transportation" means, conveyance of solid waste, either

treated, partly treated or untreated from one location to another in an

environmentally sound manner through specially designed and covered

transport system so as to prevent the foul odour, littering on ground and

unsightly conditions;

3.84 "Transfer station" means, a facility created to receive solid

waste from primary collection and transport in bulk in covered vehicles

or containers to waste processing and/or disposal facilities with the

transfer of waste and its transport being undertaken as per the

prescribed Standard Operating Procedure following the principle of

No Garbage on Ground (NGoG) and zero spillage of garbage/waste during

transfer or transport;

3.85 "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;

3.86 "User Charge or SWM Service Charge" means, a fee

imposed by the Oulgaret Municipality or any other entity mentioned in

rule 2 a Solid Waste Management Rules, 2016 on the waste generator

to cover full or part cost of providing solid waste collection, transportation,

processing and disposal services as per the polluter pays principle.

3.86 "Vacant Plot" means, any Land or open space belonging to

a private party/person that is presently not occupied by their/him.

3.87 "Vermi composting" means the process of conversion of

bio degradable waste into compost using earthworms;

3.88 “Ward Micro Plan” means, the schematic layout indicating

collection times for different categories of Solid Waste, details of the

collection vehicles and points, map of the Ward, roads/streets for street

sweeping and optimal route map for collection and transportation of

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waste, manpower and other information required for effective

implementation of the solid waste management as may be considered

appropriate by Oulgaret Municipality.

3.89 "Waste Hierarchy" means, the solid waste management

priority order in which the solid waste is to be managed by giving

emphasis in the following order to the ` 5, i.e., Refusal (prevention of

use), Reduction, Reuse, Recycling and Recovery and only as a last

option Disposal, i.e. with Prevention being the most preferred option and

the Disposal at the landfill being the least;

3.90 "Waste generator" means, and includes every person or

group of persons, every residential premises and non-residential/

commercial establishments/institutions including State and Central

Government establishments like Indian Railways, Defense establishments,

etc., which generate solid waste;

3.91 "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, i.e. the streets, bins,

material recovery facilities, processing and waste disposal facilities, for

sale to recyclers directly or through intermediaries to earn their

livelihood.

3.92 "Waste Traders" means, persons or entities such as scrap

dealers, itinerant buyers and traders who are involved in the sorting, sale

and purchase of Recyclable Non-biodegradable Waste.

3.93 "Zero Waste Campus" means, a residential or non-residential/

commercial/educational/State/Central Government/Official colony or

campus which ensures that solid waste generated within the campus is

100% source segregated and processed/treated in situ and other

recyclable wastes pickup are tied up di rectly with recyclers, without

depending on the waste collection system of Oulgaret Municipality/

Service Providers or Empaneled Vendors.

CHAPTER II

Segregation and Primary Storage

4. As per Rule 4 of Solid Waste Management Rules 2016.—

(a) every waste generator including bulk waste generator shall be;

Required to segregate Solid Waste at source of generation and

store into the following categories, as applicable, namely:–

(i) Bio-degradable Waste, also referred to as Wet Waste,

(ii) Non-biodegradable Waste, including Dry Waste,

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(iii) Domestic Hazardous Waste, including Sanitary Waste,

(iv) Construction and Demolition (C&D) Waste,

(v) Bulk Garden and Horticulture Waste; and

(vi) Electronic or E-Waste.

(b) The Sanitary Waste such as sanitary napkins, diapers,

tampons and similar products shall be securely wrapped in pouches

provided by the manufacturers or brand owners or in old newspapers

and all Sanitary Waste shall be stored along with the Domestic

Hazardous Waste. Waste Generators such as Bulk Waste Generators,

Educational Institutions, ladies' hostels and paying guests accommodations

shall ensure that the provisions of these Bye-laws are strictly complied

with and such Sanitary Waste is not disposed in the drainage or

sewerage systems. Failure to comply with this shall lead to fine being

levied as per penalties listed at Schedule X(a).

Domestic Hazardous Waste along with Sanitary Waste shall be each

stored separately, without mixing it, in specified Receptacles (without

using any plastic garbage liner bags) for handing over or delivery

to Oulgaret Municipality and/or Agency/Service Provider, as the case

may be. The Waste Generator shall ensure that Non-biodegradable

Waste such as packets, food containers, boxes, bottles, tetra pack

cartons and other disposable items are cleaned and dried so that

these items can be effectively recycled. All Solid Waste including

Bio-degradable Waste shall not be wrapped in plastics bags for

handing over to Oulgaret Municipality and/or Agency/Service Provider.

There shall be only bin to bin transfer of such waste i.e., from segregated

waste bin to bin (storage space) of waste collector vehicles.

(d) The Construction and Demolition Waste and Bulk Garden

and Horticulture Waste shall be stored separately in the Waste

Generator's Premises. No Bio-medical Waste, E-waste, hazardous

chemicals and Industrial Waste shall be mixed with Solid Waste.

(e) The colour of the Receptacles/Bins where the following

segregated Solid Waste shall be stored before eventual handover to

Oulgaret Municipality and/or Agency/Service Provider, as the case may

be, shall be:

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(i) Green for Bio-degradable/Wet Waste;

(ii) Blue for Non-biodegradable/Dry Waste; and

(iii) Red for Domestic Hazardous Waste including Sanitary

Waste.

5. Responsibilities of specific categories of Waste Generators.—

(a) The Waste Generators such as Shops and Commercial

Establishments and Street Vendors shall segregate the Solid Waste

generated during the course of their activity such as food waste,

permissible disposable plates, cups, cans, wrappers, coconut shells,

leftover food, vegetables, fruits and similar items in accordance with the

categories specified in Bye-laws 4(a)/Schedule-I and shall have separate

bins to store for this purpose, without any litter/spillage on ground and

handed over to the service provider. Any litter/spillage found in front or

in and around the establishment or storage of non- segregated/mixed

waste shall be deemed as violation under these Bye-laws and fine shall

be levied as per penalties listed at Schedule-X.

(b) Every occupier of any premises who generates poultry, fish,

meat and slaughter waste as a result of any commercial activity, shall

store such waste separately in a fully closed manner and in hygienic

condition and such waste shall not be mixed with any other category of

Solid Waste. Deposit of such waste in any other receptacle or

community bin or public place is prohibited and shall attract fines as

indicated in Schedule X(a). Oulgaret Municipality would directly or

through its authorized service provider would collect slaughterhouse

waste daily and the relevant Occupier shall ensure that such waste is

ready for handover at the times designated by Oulgaret Municipality.

Oulgaret Municipality/service provider shall provide bins and vehicles

for primary collection and secondary transportation of poultry, fish,

meat and slaughterhouse waste, will be taken care as per Schedule VIII

(Annexure II). Such user charge/service charge shall be notified by the

Oulgaret Municipality from time to time and it shall be the duty of this

category of waste generator to pay these fees for the collection/

transportation/scientific disposal service provided.

Generators maintaining community receptacles on their premises shall

be responsible for collection of segregated solid Waste from each

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individual Waste Generator within its premises and storing it in separate

covered Receptacles in accordance with Bye-law 4 at the entry gate or

a designated location on the ground floor of such premises, to enable

swift and timely collection of such segregated waste. The Commissioner

(or) any other Officer authorised by him shall designate any one entry

gate (or) designated location in the premises of BWG irrespective of the

number of entry/exists available in said premises.

(d) It shall be the responsibility of the owner or occupier of

premises to ensure storage of the construction material and Construction

and Demolition (C&D) waste well within the premises and not encroach

or block any public spaces like footpath, road, etc. The storage, handling

and management of C&D waste shall be governed by C&D Waste

Management Rules, 2016 and Building Bye-laws in vogue in Oulgaret

Municipality/Puducherry Planning Autority.

(e) In case the construction material or C&D waste has to be

stored on the road and other public spaces due to unavoidable reasons

like lack of space or requirements of construction or demolition works,

the owner or occupier of the premises shall take specific permission

from Oulgaret Municipality to do so. Oulgaret Municipality shall charge

a fee as notified from time to time by Commissioner, to allow storage of

construction material and construction and demolition (C&D) waste on

the road and other public spaces, in the minimum space required

without causing undue hardship to public. It shall be the responsibility

of the owner or occupier of premises to dispose C&D waste at a place

designated by Oulgaret Municipality as per the collection and

transportation system authorised by Oulgaret Municipality.

(f) In every designated commercial area or areas with commercial

establishments, it shall be the responsibility of the market associations

or group of shop owners or incase of absence of such Association or

Group the individual shop owner to ensure that segregated waste bins

(as per the type of waste generated) are kept and that there is no

littering and throwing of any type of solid waste on the roads,

footpaths, drains and other such public spaces. Any litter/spillage found

in front or in and around the establishment or storage of non-segregated/

mixed waste in the commercial area shall be deemed as violation under

this Bye-law and fine shall be levied as per penalties listed at Schedule X on

the shop or establishment concerned.

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CHAPTER III

Collection, Transportation and Disposal of Solid Waste

6. Door to Door Collection of segregated Solid Waste.—(i) Subject

to provisions of Bye-law 8, Door to Door Collection shall be implemented

by Oulgaret Municipality for all or certain categories of segregated Solid

Waste, in all Wards of the Oulgaret Municipality from:

(a) doorsteps of households, shops, small commercial establishments

and offices;

(b) entry gate or at a designated location on the ground floor in

a Housing Society, multi storied buildings or appartments,

residential, commercial, institutional complexes or premises which

do not fall within entites specified in Bye-law 6(i)(a) and are not

Bulk Waste Generators; and/or

settlements.

(ii) Upon payment of Service Charge or User Charges specified

in Schedule VIII (Annexure - I to VI) and subject to provisions of

Section 13 of these Bye-Laws, Oulgaret Municipality shall implement

door to door Collection, for all or certain categories of segregated Solid

Waste from the entry gate or a designated location on the ground floor of

a Bulk Waste Generator to the extent they are not processing their own

waste in-situ and/or are not engaging services of an Empanelled Vendor.

(iii) In addition to Door to Door Collection of Solid Waste under

Bye-law 6, Oulgaret Municipality and/or Agency/Service Provider as the

case may be, shall collect Solid Waste from public spaces such as parks,

markets, roads, streets, gardens and similar areas at specified times and

days.

(iv) In order to carry out Door to Door Collection as specified

in Bye-law 6(i), area-wise specific time slots including relevant day of the

week for different categories of Solid Waste shall be notified by Oulgaret

Municipality or service provider and published at prominently visible

parts of that area and on the website of Oulgaret Municipality.

In addition, route maps for collection including stops, starting and

ending times and other relevant details shall be provided along with the

time slots. Oulgaret Municipality shall collect Bio-degradable Waste and

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Sanitary Waste on a daily basis and Non-Biodegradable Dry Waste at

least twice or thrice a week as per necessity or as specified by Oulgaret

Municipality from time to time.

(v) Oulgaret Municipality, shall assess the number of primary

collection vehicles, pushcarts, Secondary Transportation Vehicles and

manpower that will be allotted to each Ward for efficient primary

collection and transportation of segregated Solid Waste and to ensure

that there is no inter-mixing of segregated Solid Waste. The movement

of vehicles will be monitored through GPS tagging.

(vi) Oulgaret Municipality and/or Agency/Service Provider shall

announce their arrival in the time notified earlier for collection of Solid

Waste by blowing a whistle and/or also play a recorded message/

announce through a loud speaker or by any other such means and at

such time the Waste Generator must be ready to handover the

segregated Solid Waste for collection. In the event the Waste Generator

is not available to handover the Solid Waste, such Waste Generator must

ensure that the Solid Waste is stored in a segregated manner at a

prominently visible, convenient and accessible place within their campus

for Oulgaret Municipality and/or Agency/Service Provider to collect the

Solid Waste. The segregated Solid Waste shall be kept in an enclosure

and shall not be left in the open where they are susceptible to damage

by dogs, cows, pigs and other animals. Also, such waste shall not be

kept stored in single use plastic bags and garbage bin liners which are

banned.

(vii) It shall be the duty of every Waste Generator to assist

Oulgaret Municipality in collection of the segregated Solid Waste by

ensuring that the Solid Waste is segregated and deposited in correct

Receptacles and is ready for collection at the appointed time in

accordance with the time-slots published by Oulgaret Municipality and/

or Agency/Service Provider. It shall be the responsibility of Oulgaret

Municipality and/or designated person to monitor and report the Waste

Generators that are not complying with the provisions of this Bye Laws.

The non-compliant Waste Generators shall be penalised and fined in

accordance with the provisions of Schedule-X(a) of these Bye-laws.

(viii) Oulgaret Municipality may ensure Door to Door Collection

or Point to Point Collection, as the case may be for E-Waste, at least once

in every two weeks, on payment basis till alternate arrangements are

made through notification. The E-Waste shall be transported to Dry

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Waste Collection Centres, E-Waste collection centres and/or materials

recovery facility, as may be notified, for onward processing in

accordance with the E-Waste (Management) Rules, 2016.

(ix) Oulgaret Municipality shall specify at least one day in a

week for Door to Door Collection of Bulky Waste and Bulk Horticulture

& Garden Waste. Any Waste Generator can also directly deposit their

Bulky Waste at the relevant Secondary Storage facility designated or

notified by Oulgaret Municipality. Bulky Waste generator shall pay the

User charges/Service charges prescribed in Schedule -VIII (Annexure I

toVI) for availing the services. Services of on call pick up of Bulky Waste

will also be provided by Oulgaret Municipality and/or Agency/Service

Provider.

(x) The collected segregated Solid Waste may be transported to

Secondary Storage facilities such as waste storage/collection depots,

material recovery facilitates or Transfer Stations or for respective

processing at compost plants, bio-methanation plants, recycling plants,

waste to energy plants or any other site/plant designated by Oulgaret

Municipality.

(xi) There shall be no inter-mixing of segregated Solid Waste

that has been collected from different Waste Generators during the

transportation, transfer and processing of such waste. Oulgaret

Municipality shall penalize the waste collector and transporter if, such

mixing is found to have occurred as given in Schedule X.

(xii) For collection of Construction and Demolition Waste, the

Waste Generator under C&D Rules could contact Oulgaret Municipality

or the Agency/Service Provider, details of which shall be provided on its

website and in its office. Oulgaret Municipality/Agency/Service Provider

as the case may be, will collect relevant charges specified in the C& D

Rules or Bye-laws by Oulgaret Municipality and intimate the time of

collection of the Segregated C&D waste from the waste generator to

designated site. This waste shall be transported to an authorised

processing centre or any other designated location in accordance with

C and D Rules, as stipulated in the Bye-law - 9.

7. Point to Point Collection.— Oulgaret Municipality may notify

certain areas within its jurisdiction which are inaccessible for collection

vehicles/pushcarts or for any other reason deemed appropriate by

Oulgaret Municipality, for Point to Point Collection. For implementation

of Point to Point Collection, Oulgaret Municipality shall designate

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collection points/spots/locations where segregated Solid Waste shall be

deposited by the Waste Generator. From these notified Point to Point

Collection points including waste receptacles if any, Oulgaret

Municipality and/or Agency/Service Provider shall make arrangements

for transportation of the segregated waste for Processing and Disposal

as per the provisions under these Bye- laws.

8. Delivery and transportation of Solid Waste by the Waste

Generators in certain cases.— (a) In the event, where an Empanelled

Vendor has been engaged by the Waste Generator (including Bulk Waste

Generator) to provide waste management services in accordance with

these Bye-laws, Oulgaret Municipality shall not implement or facilitate

Door to Door Collection of Solid Waste at the Premises occupied by such

Waste Generator. The Empanelled Vendor shall collect and transport the

Solid Waste from the premises of such Waste Generator to the storage

and processing Units within its system that have been declared to

Oulgaret Municipality, within the maximum rate notified by Oulgaret

Municipality for this purpose.

(b) The Street Vendor has to deliver waste duly segregated to

Oulgaret Municipality/Service provider/Agency or community bin/

receptacle, as may be notified from time to time. No mixed waste shall be

delivered, failing which penalty as per Schedule X shall be levied.

Recyclable Non-biodegradable Waste to Agency/Service Providers,

registered Waste Pickers and Waste Traders at mutually agreed rates.

Any waste generators can directly handover or sell non-bio-degradable

wastes (dry wastes) to registered rag pickers .

(d) Oulgaret Municipality may, from time to time, notify certain

categories of Solid Waste, types of Waste Generators and areas within

its territorial limits where Waste Generators shall be responsible to

directly deliver and deposit their segregated Solid waste to Secondary

Storage facilities and/or processing facilities.

9. Collection and Transportation of C&D Waste and inert

waste.— 1. Duties and Responsibilities of C&D waste Generators.

(a) Every waste generator shall prima facie be responsible for

collection, segregation of concrete, soil and others and storage of

construction and demolition waste generated in consonance with

these Bye-laws.

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(b) The generator shall ensure that other waste (wet waste) does

not get mixed with C&D waste and is to be stored and disposed off

separately.

or institution, Residential and Commercial establishments including

Government Department or Government Undertakings and/or

Contractor working for the Government Departments or Government

Undertakings who generate more than 20 tons or more in One day

or 300 tons per project in a month shall segregate the waste into

four streams such as (i) Concrete, (ii) Soil, (iii) Bricks and mortar and

(iv) Steel, Wood and plastics and shall submit waste management

plan and get appropriate approvals from Oulgaret Municipality in

prescribed in Schedule VI before starting construction or demolition

or remodeling work and keep the concerned officers in Oulgaret

Municipality are to be informed regarding the relevant activities

from the planning stage to the implementation stage and an amount

as per Schedule IX (b) has to be paid by the waste generator to the

Oulgaret Municipality. Such collected and stored waste shall be

transported immediately by the generator themselves at their own

expenditure without causing any disturbance to the general public

on a regular basis to the C&D Yard notified by Oulgaret

Municipality.

(d) Every waste generator shall keep the construction and

demolition waste within their premise, or get the waste deposited

at designated collection centre or any other place notified by

Oulgaret Municipality and ensure that there is no littering or

deposition of construction and demolition waste in public places,

roads, drains, etc. so as to prevent obstruction to the traffic or the

public or drains or cause public nuisance.

2. Procedure for Storage of C&D Waste:

(a) The Municipal Health Officer/Engineer/Sanitary Inspector of

Oulgaret Municipality shall be empowered to identify temporary

storage places (which shall not affect the general Public/Residents)

for the generator towards storing such waste subject to proper pre

requisition made in prescribed Form as prescribed in Schedule-VI

by this Municipality and obtain necessary written approval from the

Municipal Health Officer/Engineer/Sanitary Inspector of Oulgaret

Municipality permitting to store the C&D waste at permitted

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temporary storage site for which an amount as per Schedule VIII

(Annexure VI) has to be paid by the generator. This permit shall be

valid for a maximum of 2 days only. Within the allotted 2 days

period the generator shall shift the C&D Waste to the C& D Waste

storage yard notified by Oulgaret Municipality If, the generator

fails to do so within the stipulated 2 days period, C&D waste thus

stored shall be removed and transported by the Municipality to

designated/notified C&D Waste yard and fine shall be imposed on

the generator as per Schedule X (d). In case of two such failures

to abide by these bye-laws, the construction activity will be

stopped by Oulgaret Municipality without giving any notice

thereof.

(b) Oulgaret Municipality shall earmark an area as per the needs

for the disposal of C&D Waste and other inert wastes generated

during road sweepings, including that arising out of mechanical

sweeping excluding the IV stream as mentioned in Bye Law 9(1)(c).

This shall go to C&D Yard.

gainful utilization of the C&D Waste.

10. Vehicles for transportation of Solid Waste.— (a) Oulgaret

Municipality/service provider shall deploy vehicles having separate

compartments for segregated wastes and such vehicle shall have a

suitable announcement system for informing the citizens on its arrival

and spreading relevant messages above SWM for collection of

segregated Solid Wastes. In circumstances, where the vehicles do not

have these compartments for different streams of Solid Waste, separate

days shall be designated for collection of Bio-degradable, Non-

bio-degradable Waste and Domestic Hazardous Waste to ensure that

there is no mixing of different categories of Solid Waste.

(b) In smaller, narrow and congested streets/lanes where even

such smaller motorized vehicle cannot operate, Oulgaret Municipality

shall assign appropriate manually driven and ergonomically

well-designed push carts with bins for collection, which will in turn drop

off the segregated Solid Waste into the collection vehicle/Transfer

Stations.

Door to Door Collection and transportation of Solid Waste such as

battery operated and/or electric vehicles. Motorized vehicles dependent

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on fossil fuels which are in use now, shall be judiciously phased out over

a period of time. Oulgaret Municipality shall introduce at least one such

battery operated/electric vehicle in each ward/division to encourage use of

non- fossil fuel vehicles. This shall be scaled up over a period of time.

(d) The Solid Waste shall be transported to larger secondary

transfer/transport vehicles such as Compactors at Secondary Transfer

Points and/or Secondary Storage Points depending on the infrastructure

set up by Oulgaret Municipality. Every primary collection vehicle shall

be assigned a Secondary Transfer/Storage Point where the segregated

Solid Waste shall be transferred with minimising waste handling manually,

i.e., directly into the secondary transportation vehicle or secondary

storage facility. Such Secondary Transfer/Storage Point shall be

identified in the ward micro plan and shall be located at a convenient

shortest possible distance from the primary Door-to-Door collection

areas. Each secondary vehicle shall have a destination of a processing

facility, material recovery facility, DWCC for disposal, based on category

of the Solid Waste that it receives.

(e) The vehicles used for transportation of Solid Waste shall be

covered in such a manner that the collected waste is,

(i) Not exposed to open environment,

(ii) Not visible to the public and

(iii) Not found Scattered on the road and/or pavements during

transportation.

(iv) No leakage/spillage of liquids from the vehicle.

(f) The design of the primary and secondary transportation

vehicles shall be such that the Solid Waste shall not be allowed to be

littered on the road until it reaches its final processing/disposal site, and

thereby eliminating the need for recurring manual handling of such

waste. Hence, transfer of segregated solid waste shall be bin to bin and

vehicle to vehicle. Oulgaret Municipality shall make best efforts to ensure

that there is no leakage of leachate from its primary collection vehicles

and secondary transportation vehicles while handling wet waste.

Measures shall also be taken to ensure that leachate collected in the

primary collection vehicles and secondary transportation vehicles is

disposed in a scientific manner and not discharged into storm water

drains and sewerage.

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(g) Oulgaret Municipality shall ensure live GPS tracking for all

SWM vehicles on ICT enabled Applications, including the primary

collection vehicles and secondary transportation vehicles to ensure

monitoring of collection and transportation of Solid Waste. Such

tracking of vehicles shall be monitored remotely through a Centralised

Smart Data Centre set up by Oulgaret Municipality. For the purpose of

transparency and accountability, general public shall also be given

access to the above.

CHAPTER IV

Processing and disposal of solid waste

11. Facilities to be provided by Oulgaret Municipality.— (1) Dry

Waste Collection Centres (DWCCs) and Materials Recovery Facility

(MRF) for Dry Waste:

(a) Oulgaret Municipality shall set up Dry Waste Collection

Centres and/or Materials Recovery Facilities and the same shall be

operated by Oulgaret Municipality through informal waste picker

organisations /Waste pickers and Women's Self Help Groups or any

service provider integrated into the Oulgaret Municipality's dry

waste collection system for collection and sorting of Non-

biodegradable Dry Waste, within one year from the date on which

of these Bye-laws come into force.

(b) The DWCCs and/or materials recovery facility shall have

adequate infrastructural facilities such as electricity, drinking water

and toilets and designed to ensure efficient sorting and storage of

various categories of dry waste. Dedicated manpower and

budgetary provision shall be provided by the Government. The EPR

shall also be judiciously tapped and used in this regard.

(2) Deposit Centre for Domestic Hazardous Waste–

(a) Appropriate number of Deposit Centre(s) for the receipt of

Domestic Hazardous Waste shall be set up within the jurisdictional

limits of Oulgaret Municipality by the Oulgaret Municipality or an

Agency /Service Provider at suitable location(s). Such facility shall

be set up in a manner as per guidelines prescribed by the PPCC/

CPCB and other appropriate Governmental Agencies.

(b) The Domestic Hazardous Waste/Sanitary Waste at the

Secondary Storage/transfer facilities and/or deposit centres shall be

processed in accordance with Bye-law 12.

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12. Processing of different categories of Solid Waste.— The Waste

Generator, Oulgaret Municipality, Agency/Service Provider, Empanelled

Vendor and/or any other Person involved in handling or management of

Solid Waste shall ensure that different categories of Solid Waste are

processed in the following manner, namely:–

(a) Processing of the Biodegradable Waste (Wet Waste)-

Decentralised and/or centralised processing such as composting, vermi-

composting, microbial composting, aerobic compositing, anaerobic

digestion, bio-methanation or any other PPCC/CPCB approved process

for bio-stabilisation of Bio-degradable Waste shall be adopted for

processing of Bio-degradable Waste. Fresh Bio- degradable waste can

also be used as animal feed if, such waste is safe for consumption by

livestock.

(b) Processing of Recyclable Non-Biodegradable Waste (Dry

Waste)– The Recyclable Non-Biodegradable Waste shall be sent to–

(i) Dry Waste Collection Centres, Materials Recovery Facilities

for sorting and baling of Dry Waste and thereafter to authorised

recycling Units; or

(ii) directly to authorised recycling units to be turned into raw

materials for producing new products.

Sanitary Waste–The Domestic Hazardous Waste shall be processed

through TSDF (Treatment Storage Disposal Facility) authorised by the

PPCC, incineration and/or any other suitable method determined by the

PPCC/CPCB. Sanitary Waste will be processed at the nearest common

biomedical treatment facility and/or incinerators to be setup in Oulgaret

Municipality along with other Bio-medical Waste generated within the

Oulgaret Municipality. Only process rejects and inerts from these

processing methods shall be transported to Sanitary Landfills for final

disposal.

(d) Processing of Non-Recyclable Non-biodegradable waste–

The Non-Biodegradable Waste which cannot be recycled in accordance

with Section 12(b) of these Bye-laws and having calorific value exceeding

1,500 kcal./kg. shall be used for Waste to Energy (WtE) processes

including Refuse Derived Fuel (RDF) for combustible fraction of waste

or supply as feedstock to solid waste based power plants or cement

kilns. The Non-biodegradable Waste which cannot be recycled in

accordance with section 12(b) of these Bye-laws and having calorific

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[PART–II

value less than 1,500 kcal./kg. can be treated as per applicable CPCB and/

or PPCC guidelines to make it suitable for relevant waste to energy

processes.

(e) Processing of Construction and Demolition Waste–The

Construction and Demolition Waste shall be processed in accordance

with these Bye-laws and C&D Rules (including separate Bye-laws to be

issued by Oulgaret Municipality) and shall be transported to appropriate

processing plants, Landfills and/or other designated locations.

(f) Processing of slaughterhouse waste–Waste generated from

slaughterhouses, poultry and fish markets shall be processed or

disposed through Rendering, Composting, Bio-methanation, controlled

incineration or deep burial and/or by any other method prescribed by

CPCB and/or PPCC, as applicable.

(g) Processing of special streams of waste–To the extent

possible, specific streams of Solid Waste such as leaf litter, cut waste of

tender coconuts and sugarcane husk shall be sent for processing to leaf

litter processing units, tender coconut waste processing unit and other

appropriate processing facilities available, as approved by PPCC and/or

CPCB, if, not available then it shall be taken to RRP for final disposal.

(h) Disposal of Residual Waste– The residual Solid Waste and

inerts which cannot be processed in any of methods set in Section 12 (a)

to (g) above shall be disposed in a Sanitary Landfill in a scientific

manner. Oulgaret Municipality shall strive to ensure that the residue

from different processing facilities shall not exceed 35% of the Solid

Waste delivered to the processing facility and shall be further reduced

to 30% within the next five years from the effective date of notification

of these Bye-laws. The Oulgaret Municipality shall strive towards a goal

where only minimal Solid Waste shall be disposed in Sanitary Landfills

(Zero landfilling).

13. Layout and specifications.—The processing facilities and

Sanitary Landfills should have weighbridges/weighing scales to measure

and record the amount of waste brought to the units. All rejects, residues

and surplus unprocessed waste shall be temporarily stored at a place

convenient for delivery to the notified collection system, in closed

Receptacles with protective measures against Littering, Public Nuisance,

foul odour etc. The facilities shall have adequate utilities to ensure

hygienic conditions, avoidance of nuisance to public or to workers

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operating the facility, including water and areas for washing, electricity

and toilets. All processing facilities shall comply with any additional

standards, specifications and guidelines notified by PPCC, CPCB,

Oulgaret Municipality and/or relevant authority or prescribed by any law

for the time being in force.

14. Disposal of Solid Waste.—(i) Biomedical Waste, E-waste,

hazardous chemicals and industrial waste shall be collected, processed

and disposed of in accordance with the relevant rules framed under the

Environment (Protection) Act, 1986.

(ii) Disposal by burning of any type of Solid Waste at any

Premises, roadsides, any private or public property including at vacant

sites is strictly prohibited and would attract penalty as per Schedule–X

of these Bye-laws.

(iii) Oulgaret Municipality shall undertake on its own or through

any other Agency, the construction, operation and maintenance of

Sanitary Landfill in accordance with standards prescribed under

SWM Rules, 2016 and associated infrastructure for disposal of

residual waste, i.e., Solid Waste which cannot be processed in

accordance with Bye-law 12(a) to (g) and inerts.

(iv) Oulgaret Municipality shall also investigate and analyse all

old open dumpsites and existing operational dumpsites for their potential

of bio-mining and bio-remediation and wheresoever feasible, take

necessary actions to bio-mine or bio-remediate these sites as part of its

commitment towards legacy waste management as prescribed in SWM

Rules 2016. In the absence of potential of bio-mining and bio-remediation

of dumpsite, it shall be scientifically capped as per landfill capping norms

issued by CPCB and/or PPCC and as prescribed in SWM Rules, 2016 to

prevent further damage to the environment. The bio- remediation or

capping of old and abandoned dumpsites shall be carried out by Oulgaret

Municipality within three years of notification of these Bye-laws and

Grants-in-aid shall be provided by the Government for this purpose.

CHAPTER-V

Welfare of Sanitary Workers and Integration of the Informal Sector

15. Welfare, occupational safety and training of Sanitary Workers

and other personnel.— (1) Welfare measures,

(i) Oulgaret Municipality shall ensure compliance of all labour

and welfare regulations and schemes applicable to its Street

Sweepers or Sanitary Workers and other eligible waste workers

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[PART–II

working in waste management sector in relation to wages, working

hours, holidays, statutory benefits such as provident fund,

Employee's State Insurance and maternity benefit.

(ii) There shall be regular medical check-ups of the Sanitary

Workers and other eligible waste workers working in waste

management for occupational diseases and shall include

examination of respiratory organs and treatment of skin injuries and

other occupational and lifestyle diseases.

(iii) In case of any kind of injury or death during service, the

Sanitary Worker shall be eligible for adequate monetary

compensation as decided by Oulgaret Municipality. However, in

the case of a waste worker working under a service contract, the

service provider shall be bound to provide adequate compensation

as proposed by Oulgaret Municipality or as per the contract/

Agreement/MOU Executed.

(2) Protective equipment and other facilities : (i) Oulgaret

Municipality shall ensure that two pairs of uniforms, shoes, hand

gloves, masks and other appropriate personal protective

equipments are provided every year to all Sanitary Workers

including other eligible workers working in waste management.

(ii) Oulgaret Municipality shall also provide potable drinking

water, toilets, changing rooms and first-aid facilities to all the

Sanitary Workers and other eligible workers involved in waste

management at the Office of the Sanitary Inspectors.

(3) Training and capacity building: Training shall be given by

Oulgaret Municipality through reputed Institutes/Government Agency/

reputed agency to educate Sanitary Workers and its other workers

involved in handling and management of Solid Waste on various topics

such as collecting and transporting of Solid Waste in a segregated

manner, processing and disposing the Solid Waste in a manner specified

in the SWM Rules, 2016 and these Bye-laws, and on environment, health

and safety standards among others.

16. Integration of informal sector workers.— (1) Issuance of

Identity Cards: Oulgaret Municipality shall, either through itself or

reputed Non-governmental, Community or Educational/Research

Organisations, carry out surveys and drives for identification and

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issuance of Identity Card to Waste Pickers, so identified. Oulgaret

Municipality shall maintain records of Waste Pickers operating within its

jurisdiction.

(2) Registration of Waste Traders: Oulgaret Municipality shall,

either through itself or reputed Non-governmental, Community or

Educational/Research Organisations, carry out surveys and drives for

identification and registration/licensing of Waste Traders. It is mandatory

to the waste traders to obtain Trade License from Oulgaret Municipality.

(3) Involvement in Solid Waste Management activities: Oulgaret

Municipality shall make efforts to streamline and formalize solid waste

Management Systems and endeavor that the Waste Pickers, Waste

Traders and other informal sector players in waste management are given

priority to upgrade their work conditions and are integrated into the

formal system of Solid Waste Management. Oulgaret Municipality shall

involve organisations of Waste Pickers and/or Waste Traders who fall

within the meaning of "Agency/Service Provider" in the operation of

DWCCs and Materials Recovery Facilities depending on the availability

and experience of such Waste Pickers and/or Waste Traders and

Oulgaret Municipality's requirements. Oulgaret Municipality shall also

enable delivery and sale of Non- Biodegradable Waste (especially

Non-Recyclable Non-Biodegradable Waste) from Waste Pickers at

DWCCs and materials recovery facilities. The Waste Generators, Oulgaret

Municipality, Agency /Service Providers and other persons involved in

Solid Waste management shall be allowed to sell Recyclable Non-

Biodegradable Waste to the Waste Traders at mutually agreed rates, in

a mutually agreed manner.

(4) Training and capacity building: Training and capacity

building exercises shall be undertaken by Oulgaret Municipality, either

through itself and/or reputed Agency/Service Providers to train and

educate Waste Pickers, Waste Traders and other informal sector players

on various topics such as environment, health and safety standards,

requirements of SWM Rules and other regulations, authorised

processing facilities for Non- Biodegradable Waste among others.

CHAPTER VI

Littering and Public Nuisance

17. Prohibition of littering and provision of community bins.—

(1) Littering in any public, open or vacant property: No Person shall

throw, deposit or cause to be thrown or deposit any solid waste in

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any public place, including in any type of Water Body (natural or

manmade) except in a manner provided for in these Bye-laws, the

Environment (Protection) Act, 1986, the SWM Rules, 2016, or any other

applicable Act or Rules or Guidelines framed thereunder.

(2) Litter-throwing from vehicles: No person, whether a Driver

or passenger in a vehicle, shall litter upon any street, road, sidewalk,

playground, garden, traffic island or other public place.

(3) Litter from goods vehicles: No person shall drive or move

any truck or other goods vehicle unless such vehicle is so constructed

and loaded so as to prevent any load, contents or litter from being blown

off or deposited upon any road, sidewalks, traffic island, playground,

garden or other public place.

(4) Litter by owner of pet animals: It shall be the responsibility

of the owner of any pet animal to promptly scoop or clean up any litter

created by such pet on the street or any public place and take adequate

steps for the proper disposal of such waste as Bio-degradable Waste.

(5) Community bins and Waste Receiving Kiosks in public

places: Oulgaret Municipality shall provide and maintain suitable

Community bins/Receptacles on public spaces such as roads (in

commercial and high footfall areas), gardens, parks and similar places,

through itself or through an Agency/Service Provider where litter can be

deposited by the public. Every community bin/receptacle shall be

separate for Bio-degradable Waste and Non Bio-degradable Waste.

Oulgaret Municipality and/or the Agency/Service Provider shall ensure

that the community bins/receptacles are not overflowing or exposed to

open environment and prevent their scattering by rag pickers, stray

animals or birds, etc. These bins shall be to the extent possible manned

and/or remotely monitored through RFID QR enabled tags or other

suitable technology to ensure there is no overflow of waste affecting

visual cleanliness and public health. Apart from this, Oulgaret

Municipality shall also provide segregated waste drop off points

wherever feasible.

18. Prohibition of Public Nuisance.— (1) No person shall create

any Public Nuisance such as spitting, urinating, defecating, feeding

animals/birds or allowing their droppings, or any other object or keeping

any type of storage in any public place except in such public facilities

or conveniences specifically provided for any of these purposes and

permitted by concerned authorities. The provisions of these Bye-laws

relating to Public Nuisance will be construed and implemented in

harmony with the Street Vendors (Protection of Livelihood and

Regulation of Street Vending) Act, 2014.

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(2) Nuisance Detectors: Oulgaret Municipality shall strengthen

and incentivise the system of Nuisance Detectors by providing them,–

(i) the power to levy spot fines in accordance with Schedule X,

using fine books or digital handheld equipment;

(ii) suitable uniforms, vehicles, wireless equipment, etc.; and

(iii) monetary or non-monetary incentives proportionate to fines

levied.

(3) As part of its responsibility to appoint and empower

Nuisance Detectors, Oulgaret Municipality shall deploy any suitable

person/agency as SWM Marshals in every ward and other SWM

processing and disposal facilities who shall exercise control on persons

creating any public nuisance under these Bye-laws.

(4) To support and act as a liaison between ward related SWM

issues and SWM Cell of Head Office, Oulgaret Municipality shall also

appoint an officer, as a Nodal Officer for SWM called as the SWM Nodal

Officer.

CHAPTER VII

Bulk Waste Generators

19. Definition of Bulk Waste Generator.—Bulk Waste Generator

includes buildings occupied by the Central Government Departments or

undertakings, State Government Departments or undertakings, Local

Bodies, public sector undertakings or private companies, hospitals,

nursing homes, Schools, Colleges, Universities, other educational

institutions, hostels, hotels, commercial establishments, markets, places

of worship, residential apartments/gated communities/group housing

having more than 25 dwelling units, stadia, and sports complexes, with

an average waste generation are exceeding 50 kg. per day or area

exceeding 5,000 sqm. However, Oulgaret Municipality reserves the right

to modify the threshold of waste generation for being declared as Bulk

Waste Generator at any later point of time and also the manner of

collection of bulk waste, as notified through an official order.

20. Identification of Bulk Waste Generator.—(a) Public notice and

verification : within thirty days of these Bye-laws coming into force, or

thereafter, from time to time Oulgaret Municipality shall issue a public

notice in the format specified in Schedule II informing the public about

the waste generation threshold for being considered and bulk waste

generator and the provisions relating to Solid Waste Management which

are applicable to Bulk Waste Generators. In addition, Oulgaret

Municipality through itself or an Agency/Service Provider, shall carry

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[PART–II

out field survey as per its own records to identify individual Bulk Waste

Generators and issue notices to them as per the format specified in

Schedule III instructing them to comply with the applicable provisions

of SWM Rules and these Bye-laws.

(b) Self declaration : The individual Waste Generator

identified by Oulgaret Municipality under Bye-laws 20 (a) shall have the

option for self- declaration as non-Bulk Waste Generator in accordance

with the format specified in Schedule IV. The Bulk Waste Generator may

also at a later date apply for declassification from such category by

submitting the declaration in the Form specified in Schedule IV to

Oulgaret Municpality.

Occupier of the Premises shall be penalized in accordance with

Schedule X (b) and such amount shall be computed from the date of

effect as per notice under Schedule-III till the date of actual payment of

penalty by such Bulk Waste Generator.

21. Duties of Bulk Waste Generators and Responsibility of

Oulgaret Municipality.—

(1) (i) BWG shall allocate suitable space within the site in

proportion to the estimated quantum of Solid Waste that would be

generated and has to be stored; and

(ii) set up processing units for onsite processing of

Bio-degradable Waste through composting, bio-methanation and/

or any other technology approved by PPCC/CPCB or any other

appropriate Government Authority.

(iii) set up sorting and temporary storage space for dry waste

and hazardous waste collected before they sent to recyclers/

informal waste picker organisations.

2. All Bulk Waste Generators shall ensure segregation of Solid

Waste at source within their premises into the following categories

namely:–

(i) Bio-degradable Waste, also referred to as Wet Waste,

(ii) Non-biodegradable Waste, also referred to as Dry Waste,

(iii) Domestic Hazardous Waste, including Sanitary Waste,

(iv) Bulk Garden and Horticulture Waste; and

(v) Electronic or E-Waste.

and facilitate collection, processing and disposal of segregated Solid

Waste in the manner specified in these Bye-laws Schedule I.

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3. All Bulk Waste Generators shall, either,

(i) by their own arrangement, process the Non-biodegradable

Waste in accordance with these Bye-laws and SWM Rules, 2016;

(ii) engage Empanelled Vendors of Oulgaret Municipality for

collection, transportation and processing of their Non-biodegradable

Waste on mutually agreed terms; (or)

(iii) handover their Non-Biodegradable Waste to Oulgaret

Municipality or its service provider collection vehicle as a part of

the Door to Door Collection System on payment of SWM User

Charge/Service Charge as specified in Schedule VIII (Annexure II

and V)/or through an empanelled vendor by Oulgaret Municipality.

4. Depending on availability of space, Oulgaret Municipality

shall, either through itself or an Agency/Service Provider, set up

composting, bio- methanation or any other suitable facility for

processing Biodegradable Waste in,

(i) fruit and vegetable markets organised/set up by Market

Associations (excluding Agricultural Produce Market Committee)

generating 50 kg. or more of Wet Waste per day; and

(ii) any other markets or bazaars notified by Oulgaret

Municipality from time to time. In the event there is no space to set

up a Biodegradable Waste processing facility in the market

premises, the collection vehicle of such Bulk Waste Generators

shall collect the Biodegradable Waste from these markets at

specified times and dates, and take it to the processing Unit.

5. The markets managed and/or set up by the Agricultural

Produce Market Committee shall,

(i) mandatorily ensure that their Biodegradable Waste is

processed through composting, bio-methanation or any other

methods approved by the PPCC/CPCB within their respective

premises (in-situ);

(ii) use fresh Biodegradable waste as animal feed if, such waste

is safe for consumption by livestock; and

(iii) handover their Non-Bio degradable Waste to the collection

vehicle that will be provided by Oulgaret Municipality on dates and

times notified by Oulgaret Municipality on payment of necessary

user charges at the rates specified in Schedule VIII (Annexure II

and V).

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[PART–II

6. Oulgaret Municipality shall enforce in-situ processing of Bulk

Horticulture and Garden Waste in parks, gardens and similar appropriate

places, as far as possible. Oulgaret Municipality through itself and/or

an Agency/Service Provider, shall set up small scale composting or

bio-methanation plants (i.e. processing less than five tons of

Biodegradable Waste per day) in public parks, playgrounds, recreation

grounds, gardens, markets, large vacant lands owned and maintained by

Oulgaret Municipality, any other public authority or Governmental

Department if, place available.

7. Oulgaret Municipality shall facilitate construction, operation

and maintenance of solid waste processing facilities and associated

infrastructure on its own or through any Agency for optimum utilisation

of various components of Solid Waste by adopting suitable technology

including the guidelines issued by the Ministry of Housing and Urban

Affairs from time to time and standards prescribed by the Ministry of

Environment and Forests so that the dependency of waste disposal on

the Sanitary Landfills can be minimised to the maximum extent possible.

8. The Agency/Service Providers and/or Empanelled Vendors as

applicable shall be allowed to dispose of or sell the Recyclable

Non-biodegradable Waste to the Waste Traders or authorised recycling

units which recycle waste in accordance with the provisions of these

Bye-laws and shall be entitled to retain the amounts realised from these

sales.

9. The Waste Generators who do not use the services of

Oulgaret Municipality (or the Agency/Service Provider engaged by it),

under these Bye-laws shall be required to maintain daily generation of

Solid Waste and maintain daily accounts in respect to each waste

generator and to submit an annual return on the amount of Solid Waste

Generated at its Premises which is collected, processed and disposed in

the form specified in Schedule V. The Service Providers and Empanelled/

Selected Vendors will also be required to file periodic returns to Oulgaret

Municipality with respect to its operations as per directions issued by

Oulgaret Municipality from time to time.

22. Social Gathering/Events.—No person shall organise an event

or gathering of more than fifty persons at any licensed or unlicensed

place without intimating Oulgaret Municipality by submitting an

application at least three working days in advance and pay necessary

cleanliness deposit in advance as per Schedule IX(a). Such Person shall

ensure segregation of Solid Waste at source and hand over of

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segregated Solid Waste in the manner specified in these Bye-laws not

later than 12 hours after the completion of the event. In case the

organizers of such event wishes to avail of the services of Oulgaret

Municipality for the cleaning, collection and transport of Solid Waste

Generated as a result of that event, they shall apply to the concerned

authority at Oulgaret Municipality and pay the necessary charges in

advance as per Schedule VIII (Annexure V) fixed for this purpose by

Oulgaret Municipality. Any notification issued in this regard by the

Commissioner, Oulgaret Municipality shall govern the management of

waste at such social gatherings and events and shall be binding on the

event organisers. In the event of a death the same may be intimated

immediately to Oulgaret Municipality and obtain permission remain same

and during the funeral procession from home/hospital to burial ground/

cremation yard littering of flowers/any other materials on roads shall not

be done. Also littering of reed grass, flowers and any other materials on

roads on all type of occasion/functions shall not be done. In the event

of any violation in this regard will attract a fine as stipulated in Schedule X.

The Kin who had approached Oulgaret Municipality for obtaining such

permission will be held responsible for payment of fine.

23. Public gatherings and Events in Public Places.—In the event

of public gatherings and events in public places for any reason

(including for temple festivals, processions, exhibitions, circus, fairs,

political rallies, commercial, sociocultural events, protests and

demonstrations, etc.) the organiser shall apply to the concerned authority

of Oulgaret Municipality and pay the necessary cleanliness deposit

charges in advance as per Schedule IX (a) fixed for the purpose by

Oulgaret Municipality and it shall be the responsibility of the organiser

of such event or gathering to ensure the cleanliness of that area after the

event and also that the Solid Waste is segregated, collected and

processed in accordance with these Bye-laws not later than 12 hours

after the completion of the event. In case, the organisers of such event

wishes to avail of the services of Oulgaret Municipality for the cleaning,

collection and transport of Solid Waste generated as a result of that

event, they shall apply to the concerned authority at Oulgaret

Municipality and pay the necessary charges in advance as per Schedule VIII

(Annexure V) fixed for this purpose by Oulgaret Municipality.

24. Refundable Cleanliness Deposit.—The organiser of such

public gatherings and events shall pay required cleanliness deposit as

notified in Schedule IX (a), with the concerned office for the duration of

the event, which shall be refundable on the completion of the event on

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[PART–II

notifying that the said public place has been restored back to a clean

State, and any Solid Waste generated as a result of the event has been

segregated, collected and transported to designated sites in accordance

with these Bye-laws, to the satisfaction of official/authority concerned.

In the event, the public space is not restored back to a clean State within

12 hours of the completion of the event, the cleanliness deposit paid to

Oulgaret Municipality shall be forfeited and the organiser shall have no

claim towards this amount. Oulgaret Municipality may in its discretion

may also levy a penalty over and above the forfeited amount as per

Schedule X (c).

CHAPTER VIII

Service Charge for Management of Solid Waste

25. Provisions with respect to SWM Cess and Service Charge

payable to Oulgaret Municipality and Empanelled Vendors.—(1) SWM

Service Charge shall also be payable by all Waste Generators including

Bulk Waste Generators for provision of services for collection,

transportation, processing and disposal of Solid Waste by Oulgaret

Municipality and/or the Agency/Service Provider/Empanelled Vendors,

at the rates as specified in Schedule VIII (Annexure I to VI). The SWM

Service Charge shall be payable to Oulgaret Municipality for the services

provided by it, through itself or an Agency/Service Provider or to

Empanelled Vendors as the case may be from whom such services are

availed by the Waste Generator. The SWM Service Charge mentioned in

Schedule VIII (Annexure I to VI) shall stand automatically increased by

10% every year (rounded off to the nearest multiple of ` 5) with effect

from April 1 of each successive year, unless specifically increased to

a higher level as per need, at any time during the year. These rates shall

be advertised on the website of Oulgaret Municipality and/or of the

Agency/Service Provider.

(2) The rates for the Solid Waste Management services provided

by an Empanelled Vendor/Selected Vendor shall be as per the service

Charges detailed at Schedule VIII (Annexure I to VI).

(3) It is clarified that the Waste Generators who are Bulk

Generators who process their Solid Waste in accordance with these

Bye-laws, either through themselves (in situ) or an Empanelled Vendor

at Service Charges as detailed at Schedule VIII (Annexure V) and paid

directly; shall not be required to pay the relevant Service Charge to

Oulgaret Municipality.

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(4) The SWM Service Charge shall be collected in person or

through online payment by Oulgaret Municipality and/or any other

Person authorised by Oulgaret Municipality. Specific days in a month,

preferably in first week of each month, shall be fixed by Oulgaret

Municipality, for collection of SWM Service Charge. The SWM Service

Charge may also be collected by Oulgaret Municipality by charging the

amount through property tax, licence fees, etc., under provisions of

Puducherry Municipalities Act’, 1973. Oulgaret Municipality may evolve

additional mechanisms for billing/collection/recovery of SWM Service

Charge, from time to time and these shall be notified through general or

special order/notification.

(5) Oulgaret Municipality by itself or through an Agency or

Service Provider shall prepare the database of all the Waste Generators

for the purpose of levying SWM Service Charge and this database shall

be updated regularly and published on the website of Oulgaret

Municipality.

(6) A penalty of 2% per month shall be charged if, the Waste

Generators fails to pay the Service Charge as Schedule VIII (Annexure I – VI)

within 3 months of raising the demand for the amount by Oulgaret

Municipality.

(7) In case of default of payment of SWM Service Charge for

more than 6 (six) months, Oulgaret Municipality or any other Competent

Authority may recover the SWM Service Charge along with the

surcharge from the defaulter as arrears of land Revenue under Revenue

Recovery Act, 1970. In addition, Oulgaret Municipality and/or the

Agency/Service Provider, as the case may be, shall also have the

discretion to stop providing Solid Waste management services till such

SWM Service Charge along with the surcharge amount is paid by the

defaulter.

(8) All amounts collected as SWM Service Charge by Oulgaret

Municipality under these Bye-laws shall be transferred to a separate

escrow Bank account maintained for funds used for Solid Waste

Management. These amounts shall be used towards Oulgaret Municipality's

operation and maintenance costs for providing Solid Waste Management

services under these Bye-laws, salaries of personnel, incentives, grants

and other uses as may be considered appropriate by Oulgaret

Municipality from time to time.

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CHAPTER IX

Non-compliance of Bye-laws, Spot Fines and Penalties

26. Spot Fines.—The Nuisance Detectors shall have the power to

levy spot fines for violations of Bye-laws 17 (Littering) and Bye-laws 18

(Public Nuisance). However, the amount of such spot fines shall not

normally exceed the amount specified in Schedule X(a). Higher fine may

be imposed subsequently by an authority higher to the authority levying

the fine by an order with proper justification.

27. Penalties.— (1) Whoever, contravenes or fails to comply with

any of the provisions of the SWM Rules and/or these Bye-laws shall on

conviction be punished with a fine as specified in Schedule X (a-d). In

case of second contravention or non- compliance, Oulgaret Municipality

shall have the power to levy a fine which could be up to twice of the

amount specified against the offence in Schedule X (a-d). In case of third

contravention or non-compliance, Oulgaret Municipality shall have the

power to levy a fine which could be up to thrice of the amount specified

against the offence in Schedule X (a-d). Thereafter, in case of fourth

contravention, Oulgaret Municipality shall have the power to suspend/

cancel Trade Licence or take any other appropriate legal action against

the offender, including filing of criminal cases, sealing of premises, etc.

(2) The fine or penalty mentioned in Schedule X (a-d) shall be

increased upward by 10%. In addition, Oulgaret Municipality, may at any

time alter/amend/increase/vary any of the entries as mentioned in

Schedule X (a-d) of these Bye-laws in order to modify the penalties every

3 year automatically from the date of implementation of these Bye laws.

(3) Oulgaret Municipality shall take appropriate Departmental

action against the employees of Oulgaret Municipality, if any, of them mix

segregated Solid Waste at any point of collection or transportation, fail

to pick up Solid Waste during the specified time-slots, or otherwise, or

violate any of the provisions of these Bye-laws and the SWM Rules, 2016,

Such Departmental action shall include penalties as per Schedule X (a-d),

initiation of disciplinary action, deductions from salaries or withholding

of salaries itself.

(4) In

the

event

Agency/Service

Provider

Empanelled/Selected Vendor contravenes or fails to comply with

any of the provisions of the SWM Rules, and/or these Bye-laws,

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Oulgaret Municipality shall have the power to take any one or more of

the following actions:

(i) levy a fine which may extend up to ` 25,000 (Rupees twenty

five thousand) for the first offence and for a second or subsequent

offence with fine which may extend up to twice the penalty amount

for the first offence,

(ii) termination of contract or arrangement with Oulgaret

Municipality for C&D Waste Management/Bulk Waste Management/

Solid Waste Management, cancellation of Empanelment Certificate

or any other authority granted by Oulgaret Municipality; and/or

(iii) suspension or revocation of any licence to operate any

Solid Waste collection, transportation or processing facility under

these Bye-laws, SWM Rules and/or applicable regulations in

Oulgaret Municipality jurisdiction for atleast five years.

(5) Oulgaret Municipality is at liberty to initiate appropriate

proceedings under any other law in addition to any action under these

Bye-laws and under suitable clauses of Puducherry Municipalities Act,

1973 as the case may be such as the Environment (Protection) Act, 1986,

the Indian Penal Code, 1860, the Water (Prevention and Control of

Pollution) Act, 1974, the Air (Prevention and Control of Pollution)

Act, 1981 for violation of any provisions thereunder.

(6) All amounts collected as spot fines and penalties by and on

behalf of Oulgaret Municipality under these Bye-laws shall be

transferred to a separate escrow Bank Account maintained for collection

of service charges/user charges for Solid Waste Management. These

funds shall be used towards Oulgaret Municipality's operation and

maintenance costs for providing Solid Waste Management services

under these Bye-laws, salaries of personnel, incentives, grants and other

uses as may be considered appropriate by Oulgaret Municipality from

time to time.

CHAPTER X

Other Responsibilties and Duties of Oulgaret Municipality

29. Other Responsibilities and Duties of Oulgaret Municipality.—

In addition to the responsibilities and duties specified in other Chapters

of these Bye-laws, Oulgaret Municipality shall also have the following

additional duties, namely:

(i) Ward Micro Plan: Oulgaret Municipality shall create a Solid

Waste Management micro plan for every Ward after discussions with

relevant stakeholders and ensure its implementation. The Ward Micro

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Plan for SWM shall contain the collection times for different categories

of Solid Waste, details of the collection vehicles and points, detailed map

of the Ward, roads/streets for street sweeping and optimal route map for

collection and transportation of waste, manpower and other information

required for effective implementation of the Solid Waste Management as

may be considered appropriate by Oulgaret Municipality. This Ward

Micro Plan shall be made available to public to access.

(ii) Regular checks and review of Ward Micro plan: The

officers authorised by Oulgaret Municipality shall conduct regular checks

in various parts of the Wards and other places of collection,

transportation, processing and disposal of Solid Waste within its

territorial limits to supervise compliance of various provisions of SWM

Rules and these Bye-laws. In addition, Authorised Officers by the

Municipality/Government shall monitor and review the implementation of

the Ward Micro Plan and prepare Ward action taken report on a monthly

basis for onward submission to the Commissioner of Oulgaret

Municipality, as the case may be. Any Authorised Officer of Oulgaret

Municipality shall have right to enter, inspect at all reasonable times,

with such assistance as he considers necessary, any place for the

purpose of (i) performing any of the functions entrusted to him by

Oulgaret Municipality under these Bye-laws, or (ii) determine compliance

of the provisions of these Bye-laws. Police authorities shall render

necessary assistance immediately upon request by Oulgaret Municipality

is writing.

(iii) Review of the Empanelled Vendors and Agency/Service

Providers: Oulgaret Municipality shall regularly review the facilities and

operations of the Empanelled Vendors and Agency/Service Providers to

ensure that they are in compliance with the empanelment conditions

(if applicable), provisions of the SWM Rules and these Bye-laws. In the

event of any non-compliance, Oulgaret Municipality can take action

against the defaulting Empanelled Vendors and Agency/Service

Providers including notice of remedial action, cancellation of the

Empanelment Certificate or contract for services, imposition of fines and

penalties as specified in this Bye-laws.

(iv) Publicity and citizen information services: Oulgaret

Municipality shall publicise the provisions of the Bye-laws through the

print and electronic media, signs, advertisement, leaflets publishing in

Oulgaret Municipality website and through any other appropriate means,

so that all citizens are made aware about the duties of citizens and

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Oulgaret Municipality in relation to segregation, recycling, littering,

nuisance, penalties and fines. Oulgaret Municipality shall provide

information about composting, bio-gas generation, recycling and

decentralised processing of waste at community level by conducting

training classes, seminars, workshops.

(v) Nodal

Officers: The

Commissioner

Oulgaret

Municipality shall designate Nodal Officer under him control for each

constituency who shall be responsible for–

(a) implementing the responsibilities of Oulgaret Municipality

specified under these Bye-laws,

(b) address grievances of the Waste Generators and suggestions

for improvements in the implementation of the Bye-laws,

(d) other functions as may be deemed appropriate by Oulgaret

Municipality, from time to time.

(vi) Transparency and public accessibility: To ensure greater

transparency and public accessibility, Oulgaret Municipality shall

provide the following information, data and reports in relation to the

activities under the Bye-laws on its website or through suitable

information and any other Communication Technologies. This

information shall also be available in the offices of Oulgaret Municipality

during its working hours such as–

(a) Name and contacts of the Nodal Officers who shall be

responsible for implementing the obligatory responsibilities of

Oulgaret Municipality specified under these Bye-laws;

(b) Monthly data about the quantity of each category of Solid

Waste going to the different waste processing sites and Sanitary

Landfills.

Municipality to address the complaints;

(d) Details of SWM Service Charge/User Charges, penalties and

spot fines collected by and on behalf of Oulgaret Municipality in

monthly basis;

394

LA GAZETTE DE L'ETAT

[PART–II

(e) Details and reports of SWM vehicles movement tracked

through GPS and Smart Data Centre set up for this purpose; and

(f) Reports and status of compliance of various provisions of

the SWM Rules and these Bye-laws including results of regular and

surprise checks by Oulgaret Municipality.

(vii) Extended Producer Responsibility: Oulgaret Municipality

shall monitor and ensure compliance of the extended producer

responsibility of manufacturers and producers under the SWM Rules and

the Plastic Waste Management Rules, 2016. Oulgaret Municipality shall

engage with the State Government for ensuring that the funds available

under EPR for specific streams of waste are made available towards the

cost for collection, transportation, processing and disposal of wastes

produced by them.

(viii) Regular cleaning and Street Sweeping: Oulgaret

Municipality shall within its territorial area, be responsible for cleaning

of all public places, streets, roads, markets, parks, gardens, etc., and

ensuring regular system of Street Sweeping through and/or using

mechanical sweeper machines, if necessary. The frequency of Street

Sweeping, location of community bins and related activities shall be

determined by Oulgaret Municipality having regard to vehicular and

pedestrian traffic, density of population, extent of commercial activity,

equipment used, labour welfare/safety and local situation in any public

street or public areas as per the normative standards stipulated by the

Government. The Solid Waste collected from these Street Sweepings shall

be segregated if, required and Oulgaret Municipality shall provide for

transportation of–

(i) bio-degradable Waste to a convenient Bio-degradable

processing facility;

(ii) non-Biodegradable Waste to DWCC and materials recovery

facility; and

(iii) silt, dust, drain silt and other inert waste to the sanitary

landfill and/or any other processing facility as may be notified by

Oulgaret Municipality from time to time.

(ix) Creating Incentives: (a) Oulgaret Municipality may

consider creating systems for incentives for adoption of

decentralised processing of Bio-degradable Waste such as bio-

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LA GAZETTE DE L'ETAT

methanation and composting such as awarding and recognizing the

Waste Generator by giving certificates and publishing their names

on Oulgaret Municipality's website.

(b) Zero-waste neighbourhoods, Apartment Complexes and

Commercial Buildings shall be adequately encouraged by Oulgaret

Municipality and/or Agency/Service Provider, as the case may be.

encourage its SWM Officials who work towards achieving total

segregation of waste, in situ processing of waste, and creation of

more zero waste neighbourhoods.

(x) Chemical fertilizers: (a) Oulgaret Municipality shall phase

out the use of Chemical fertilizers and use compost in all parks,

gardens maintained by it and wherever possible in other places

under its jurisdiction.

(b) Preference shall be given to use compost produced at the

small scale composting plants set up at Public Parks, Playgrounds,

Recreation Grounds and Gardens by Oulgaret Municipality and/or

the Agency/Service Provider or that obtained from home/in situ

composting done by public.

(xi) Occupational safety: (a) Oulgaret Municipality shall ensure

occupational safety of its own staff. Staff of the Agency involved

in Solid Waste Management activities may be provided appropriate

and adequate personal protective equipment (PPEs) by the Agency.

(b) Oulgaret Municipality shall also ensure that the operator of

various waste processing facilities provide personal protection

equipment (PPEs) including uniform, fluorescent jacket, hand

gloves, raincoats, appropriate footwear and masks to all workers

handling Solid Waste and these are used by the workforce. In case

of an accident at any processing and/or disposal facilities, the

operator or person-in-charge of such facility shall report to the

Police and Oulgaret Municipality in the format specified in the

SWM Rules 2016. The Head of Oulgaret Municipality shall review

the Form, conduct an enquiry if necessary, and issue appropriate

instruction to the operator or person-in- charge of the facility with

respect to compensation, medical expenses, rectification of the

process or machinery that caused the accident among others, as per

prevailing laws.

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LA GAZETTE DE L'ETAT

[PART–II

(xii) Grievance redressal: (a) Oulgaret Municipality shall

strengthen its public grievance redressal system(s) including

Swachtatha App making it accessible 24x7 for registering complaints

regarding non-collection of Solid Waste, littering of waste,

violations of these Bye-laws among others. These systems could

be mobile applications, complaint centre, call centre, e-mail, social

media forums like WhatsApp/Twitter, and/or any other mechanism

which Oulgaret Municipality may consider appropriate keeping in

mind the population and quantity of Solid Waste generated. Hence,

the grievance may be submitted to the Oulgaret Municipality/

Service Provider through telephone, e-mail, post, on the mobile

application and/or in person by any citizen within the Territorial

limits of Oulgaret Municipality.

(b) Oulgaret Municipality shall ensure that each SWM

grievance is redressed and informed to the citizen in a timely and

efficient manner.

(xiii) Training and public awareness: (a) Oulgaret Municipality

by its staff or other agency or service provider or reputed agency

shall ensure to create awareness to informal waste pickers to collect

the waste in segregated form and to transport as per SWM Rules,

2016 and procedure laid down in these Bye-laws.

(b) Oulgaret Municipality by itself or through experts in the field

undertake awareness and outreach programmes about management

of Solid Waste, responsibility of each stakeholder under the SWM

Rules and these Bye-laws, reduction and minimising of Solid Waste

and grievance redressal mechanisms under the Bye-laws.

composting experts, licensed scrap dealers, dealers of recyclables,

container/bin manufacturers, agencies with expertise in recycling,

etc., who are registered by Oulgaret Municipality on its website so

as to facilitate and support the citizens in processing their Solid

Waste.

(d) Oulgaret Municipality, shall, carry out awareness activities

to achieve stream-wise segregation, waste reduction through in situ

composting and better management of SWM through training of

workers in the wards through the Link workers in the wards.

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(xiv) Conversion of all Government Offices and Schools within

Oulgaret Municipality jurisdiction into zero waste campuses and home

composting of waste by offices:

(a) Oulgaret Municipality shall make efforts to ensure that all

Government Offices (Central, State and Local Government) practice

in situ processing of Solid Waste thereby transforming them into

Zero Waste Campuses and become a model for others.

(b) As far as possible all Government Officials residing within

the Territorial jurisdiction of Oulgaret Municipality shall be

expected to compost their wet waste within their premises, thereby

serving as an example for other residents to follow.

(xv) Funds for Solid Waste management The Government shall

make adequate provision of funds for capital investments as well as

operation and maintenance of Solid Waste Management services in the

annual budget. Oulgaret Municipality shall prepare an annual Action

Plan seeking budgetary permission from Government and submit it well

in advance to meet the objectives towards SWM Rules and Bye-laws.

(xvi) Reduction of waste Oulgaret Municipality shall make

efforts to minimize and reduce the generation of Solid Waste by

discouraging the production, sale and consumption of products

containing unnecessary packaging material, disposable products through

awareness programs and provision of incentives. The 3Rs of Reduce,

Reuse and Recycle would be the guiding principle in waste handling and

processing.

(xvii) Management of Legacy Waste: Oulgaret Municipality,

shall investigate and analyse all open dumpsites to undertake

management of Legacy Waste in old dumpsites and landfills through

appropriate measures such as bio-mining and bio-remediation as per the

guidelines for Disposal of Legacy Waste issued by CPCB in accordance

with SWM Rules, 2016 . The site containing legacy waste shall be capped

as per the landfill capping norms to prevent further damage to the

environment in the absence of the potential of bio-mining and

bio-remediation options.

(xviii) Enforcement of Plastic Ban: (a) The penalty will be

levied for violation of the provisions of Bye-Laws For Plastic Waste

Management (Amendement), 2021, Notified in the Extraordinary

Official Gazette Part II, No. 18, dated 18-04-2022.

(b) Strict action will also be taken to close and seal the

premises/suspend or even cancel the Trade Licence of those shops

and establishments who continue using banned plastic even after

two repeated warnings with in a month and levy of penalty for the same.

398

LA GAZETTE DE L'ETAT

[PART–II

customers and general public who use single use plastics as

banned in Bye-laws For Bye-Laws For Plastic Waste Management

(Amendement), 2021, Notified in the Extraordinary Official Gazette

Part II, No. 18, Dated 18-04-2022.

(d) Oulgaret Municipality shall have a right to conduct raids,

seize banned plastic manufactured/stocked/being transported/sold.

Also Oulgaret Municipality is empowered to seal the premises/

vehicles of such single use plastic manufacturing units/commercial

establishment/godowns and levy penalties in accordance with

Plastic Waste Management Rules, 2021.

(e) All the seized banned plastics shall be shredded and stored

at any of the designated facilities of Oulgaret Municipality before

they are utilized for permissible uses such as laying of roads,

co-processing, RDF feedstock, etc., No seized banned plastics shall

be returned to its owner.

(xix) Prohibition of Employment of as Manual Scavengers and

Rehabilitation Act -2013.

The provisions under the said law has to be strictly followed by

authorities of Municipality and violators to be booked by filing FIR in

Police Station at the place of occurrence.

————

CHAPTER XIII

Miscellaneous

30. Coordination with Government Bodies.—Oulgaret Municipality

shall co-ordinate with other Government Agencies and authorities, to

ensure compliance of these Bye-laws within areas under the jurisdiction

or control of such Bodies and all such Government Agencies and

authorities shall render necessary assistance without fail.

31. Review of implementation.—Oulgaret Municipality will review

the effective implementation of these Bye-laws and whether any

amendments or updating is required, atleast with in every three year or

earlier if, felt necessary, and take appropriate steps to ensure course

correction such as evaluation of Oulgaret Municipality’s achievements

against its targets. ‘

32. The guidelines issued by the Ministry from time to time and the

details envisaged in such guidelines shall be applied in this Bye-law

also.

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SCHEDULE I

(See Bye-law CHAPTER II)

ILLUSTRATIVE LIST OF BIO-DEGRADABLE WASTE,

RECYCLABLE NON-BIO-DEGRADABLE WASTE, DOMESTIC

HAZARDOUS WASTE BIOMEDICAL WASTE AND BULKY WASTE

PART-A

Illustrative list of Bio-degradable Waste

(i) Kitchen waste including tea leaves, egg shells, fruit and vegetable

peels, leftover and/or stale food.

(ii) Organic market waste such as fruit and vegetable peels, rotten

and/or spoilt vegetables and fruits.

(iii) Meat and bones

(iv) Garden and leaf litter, including flowers

(v) Coconut shells

(vi) Wood/leaf ashes

PART-B

Illustrative list of Recyclable Non-Bio-degradable Waste* (listed items/articles)

(i) Newspapers

(ii) Paper, books and magazines

(iii) Glass

(iv) Metal objects and wire

(v) Plastic

(vi) Aluminum cans

(vii) Rexene

(viii) Rubber

(ix) Wood/furniture

(x) Packaging

(xi) Fabrics

(xii) Styrofoam

(xiii) Thermocol

* The above are sample lists and will be customized (i.e., items to be

added or removed) by each Oulgaret Municipality based on the

identified processing and recycling destinations for each item.

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[PART–II

PART – C

Illustrative list of Hazardous Waste

(i) Aerosol cans

(ii) Batteries

(iii) Bleaches and household kitchen and drain cleaning Agent

(iv) Car batteries, oil filters and car care products and consumables

(v) Oils, chemicals and solvents and their empty containers

(vi) Cosmetic items, chemical-based insecticides and their empty

containers.

(vii) Medicines including expired medicines

(viii) Paints, oils, lubricants, glues, thinners and their empty containers

(ix) Pesticides and herbicides and their empty containers

(x) Photographic chemicals

(xi) Soft foam packaging from new equipment

(xii) Thermometers and mercury-containing products

PART-D

Illustrative list of Biomedical Waste

[Refer Bye-law 3.8 (iii)]

(For a complete list, please refer to Schedule I of

Biomedical Waste Management Rules, 2016)

(i) Items contaminated with blood, body fluids like dressings, plaster

casts, cotton swabs and bags containing residual or discarded

blood and blood components.

(ii) Expired or discarded medicines such as pharmaceutical waste like

antibiotics, cytotoxic drugs including all items contaminated with

cytotoxic drugs along with glass or plastic ampoules, vials, etc.

(iii) Discarded linen, mattresses, beddings contaminated with blood or

body fluid.

(iv) tubing, bottles, intravenous tubes and sets, catheters, urine bags,

needles, scalpels, blades, syringes (without needles and fixed

needle syringes) and vacationers with their needles cut and gloves.

401

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PART – E

Illustrative list of Bulky Waste

(Refer Bye-law 3.12)

(i) Furniture and Furnishings such as wardrobes, tables, chairs, shoe

racks, computer tables, beds, cots, chair, dining tables, sofas, etc.

(ii) Kitchen utensils

(iii) Mattresses

(iv) Musical instruments that do not qualify as E-waste

————

SCHEDULE II

(See Bye-Law CHAPTER VII)

PUBLIC NOTICE NOTIFYING BULK WASTE GENERATOR

Whereas, the Solid Waste Management (SWM) Rules, 2016 notified

by the Government on April 08, 2016 mandate the Bulk Waste Generators

of Solid Waste and specified new constructions to carry out certain

waste management functions by themselves, the Oulgaret Municipality,

notwithstanding any other rule/provision, hereby directs all Bulk Waste

Generators of Solid Waste defined as (i) generating 50 kg. or more of

Solid Waste (from all waste streams) per day or (ii) gated communities,

Central Government Departments or Undertakings, State Government

Departments or Undertakings, Local Bodies, Public Sector Undertakings

or Private Companies, Hospital, Nursing Homes, Schools, Colleges,

Universities, Other Educational Institutions, Hostels, Hotels, Commercial

Establishments, Theaters, Markets, Places of Worship, Stadia and Sports

Complexes, etc., with an area of 5000 sqm. or more or generating more

than 50 kgs. or more of Solid Waste, to implement the provisions of the

SWM Rules, 2016 and the Bye-laws thereof notified by Oulgaret

Municipality available at website at http://oulmun.in/ not later

than 60 days (by date .......................) from the date of this notice,

including segregation of Solid Waste into 5 (five) categories/streams

(Bio-degradable, Non-Biodegradable, Domestic Hazardous Waste

including sanitary waste, Bulk Garden and Horticulture waste and

Electronic or E-Waste) at source and in-premises processing and

treatment of Bio-degradable Waste. Detailed instructions are available in

the Bye-laws available at website at http://oulmun.in/

402

LA GAZETTE DE L'ETAT

[PART–II

All RWAs, Market Association Members, Hotels and Restaurants

etc., will be classified as Bulk Generators as defined unless they submit

within the notice period, a self declaration of generating less than 50 kgs.

of waste from their premises or 5,000 sq.m. or more than 25 dwelling

units. Such self-declaration will be subject to verification and applicable

penal costs (up to `

.......................) if, found untrue. Such

self-declarations shall be submitted to Oulgaret Municipality within 20

days (by date .......................) of this notice for enabling verification.

Self-declarations sent/submitted after the due date will be summarily

rejected.

Any violation of the SWM Rules, 2016 and/or these Bye-laws for

Bulk Waste Generators after 60 days of this notice (after date ...................)

will attract applicable penal charges/fines (up to ` .......................) as

stated in the Bye-laws of Oulgaret Municipality.

Place :

COMMISSIONER,

Oulgaret Municipality.

————

SCHEDULE III

(See Bye-law CHAPTER VII)

INDIVIDUAL NOTICE FORMAT FOR BULK WASTE GENERATORS

No.

Date :

To :

Sir/Madam/Messers,

Subject : OM — BWG — Categorization as Bulk Waste Generator.

Considering the waste generated due to activities/business carried

out in your premises and/or area occupied by you, the Competent

Authority, Oulgaret Municipality has designated you as Bulk Waste

Generator. Accordingly, you are hereby directed to comply with the

provisions of the Solid Waste Management Rules, 2016, Bye-laws and

implement segregation of waste at source, segregated storage within

premises and processing and treatment of Bio-degradable Waste within

premises or processing tied-up with an Empanelled vendor or a Vendor

selected by you.

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In case, if, you claim that you are not to be a Bulk Waste Generator,

you are required to submit a self-declaration to that effect within 20 days

otherwise it will be deemed that you have no objection to be classified

as a Bulk Waste Generator.

The self-declaration pro forma is attached herewith (also available

in http://oulmun.in/) which should be filled up and submitted to Oulgaret

Municipality's designated officers and acknowledgment obtained, which

will serve as "Certificate of Non-Bulk Waste Generator'' till a verification

certificate is issued. In case, your self-declaration is found untrue, the

same will be cancelled and penalties in accordance with the Bye-laws will

be levied.

COMMISSIONER,

Oulgaret Municipality.

————

SCHEDULE IV

(See Bye-law CHAPTER VII)

SELF-DECLARATION FORMAT

(for Non-Bulk Waste Generator)

Date :

I/We/M/s. ............................. located at premises ............................

(address) ........................................................................................................,

(phone) .............................................. (mobile) ..............................................,

(e-mail) ............................................... and holder of ................................

Urban Local Body Occupancy Certificate/Property Tax Assessment

No. ...................... or Trade Licence No.

I/We/M/s. ............................. hereby self-declare that the total

daily Solid Waste generated from our premises is less than 50 kgs.,

hence, not a Bulk Waste Generator.

I/We/M/s. .......................... understand that the .................................

Oulgaret Municipality is free to enter the premises to check and verify

the quantity of Solid Waste generated in the premises. During any such

verification, if 50 kg. or more Solid Waste is found generated, 5,000 sq.m./

404

LA GAZETTE DE L'ETAT

[PART–II

25 dwelling units this self-declaration becomes void and I/we/M/s. can

be categorized as Bulk Waste Generator and Oulgaret Municipality can

impose penal charges as applicable from the date of effect for Bulk

Waste Generator's responsibilities as per public notice.

(Authorized signatory)

For the Premises Occupier/Owner

To :

The Commissioner, Oulgaret Municipality.

————

SCHEDULE V

FORM OF ANNUAL RETURN BY A WASTE GENERATOR

WHO DOES NOT USE THE SERVICES OF OULGARET

MUNICIPALITY AND/OR ITS AGENCY/SERVICE PROVIDER

Sl.

Heading

Details

No.

(1)

(2)

(3)

Name and address of the Waste Generator–

Phone Number :

E-mail Address :

Type of Waste Generator–

Domestic household

Commercial shop or establishment

Educational Institutions, School, College

and Research Institutes Government Offices,

Courts and other Premises occupied by the

local, State or Central.

Total quantity of Solid Waste Generated–

Quantity of Solid Waste generated per year

Per capita waste generated per year.

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LA GAZETTE DE L'ETAT

Percentage of households/segregating the

waste at source.

Name and address of the Empaneled/

Selected Vendor, if any.

Whether Bio-degradable Waste is processed

Yes/No

on site or through Empaneled/Selected

Vendor.

Quantity of the Bio-degradable Waste

collected per year.

Details

technologies

adopted

for

processing–

Composting

Quantity

Bio-

degradable Waste

processed per Year.

Quantity

produced per year.

Q u a n t i t y

o f

residual

waste

generated per year.

Bio-methanation

Quantity

Bio-

degradable Waste

processed per year.

Quantity of biogas

produced per year.

Q u a n t i t y

o f

r e s i d u a l w a s t e

generated per year.

Quantity of the Non-biodegradable collected

per year.

Quantity of the Domestic Hazardous Waste

collected per year.

(1)

(2)

(3)

406

LA GAZETTE DE L'ETAT

[PART–II

SCHEDULE VI

(See Bye-law CHAPTER III)

REQUISITION FOR STORING OF C&D WASTE

Date :

From :

< Name of the C& D Waste Generator>

< Address of the C&D Waste Generator>

< Contact no.>

To :

The Commissioner,

Oulgaret Municipality,

Puducherry.

Sir,

Sub. : Permission for storing of Construction and Demolition

Waste — Reg.

* * * *

I hereby request to permit to store Construction and Demolition

waste generated from my premises/in place allotted by Oulgaret

Municipality at ........................ from ......................... to ..........................

The approximate quantity will be around .............................. tonne/m³.

(The days can't exceed two calendar days at any cost).

Place :

Yours faithfully,

(Name and Signature of the applicant).

Permission by Oulgaret Municipality

The request is granted to store C&D Waste in the premises of the

applicant/.................................. (place allotted by Oulgaret Municipality)

from .................................................... to ................................................

Failure to comply with this permission will effect time as given in the

Schedule X(d). Every two days the stored C&D Waste shall be

transported to the C&D waste yard without fail.

Place :

MHO/JUNIOR ENGINEER/

Date :

SANITARY INSPECTORS.

407

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SCHEDULE VII

(See Bye-law CHAPTER III)

FORM FOR TRANSPORTING OF C&D WASTE

Date :

From :

< Name of the C& D Waste Generator>

< Address of the C&D Waste Generator>

< Contact no.>

To :

The Commissioner,

Oulgaret Municipality,

Puducherry.

Sir,

Sub. : Permission for transporting of Construction and Demolition

Waste — Reg.

* * * *

I hereby request you to take steps to transport the Construction

and Demolition waste generated and stored in my premises/place allotted

by Oulgaret Municipality at ......................................... to the C&D yard

notified by the Oulgaret Municipality. The approximate quantity is

around ......................... tonne/m³.

Yours faithfully,

(Name and Signature of the applicant).

————

408

LA GAZETTE DE L'ETAT

[PART–II

SCHEDULE VIII

(See Bye-law CHAPTER VIII)

SWM SERVICE CHARGE / USER CHARGE / LICENCE FEE

ANNEXURE II

Sl.

Category of Waste and

Rate of

Period

No.

Waste Generator

Collection

Charges

(1)

(2)

(3)

(4)

Residential houses/buildings with plinth

Nil

area up to 1,000 Sq.ft.

Residential houses/buildings with plinth

Per

area of more than 1,000 sq.ft. but, up to

Month

2,000 Sq.ft.

Residential houses/buildings with plinth

100

area of more than 2,000 Sq.ft.

————

413

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ANNEXURE IV

Sl.

Category of Waste and

Rate of

Period

No.

Waste Generator

Collection

Charges

(1)

(2)

(3)

(4)

Street Vendors using mobile cart or without

Per

mobile cart.

Month

Street Vendors like Tender Coconut, Sugar

100

Per Day

cane Juice, Sweet Palm fruit sellers

200

(for more

than 50 kg.)

Obtaining licence from Municipality for

100/

Per

rearing of Pet Animal/Cattles.

Animal

Annum

Desludging of Septic tanks.

3,800 per Trip

(One Trip 8,000 litres)

Licence for Desludging Vehicles to

1,000

Per

Consent to operator.

Annum

Inspection Charges for issuing Sanitation

Certificates.

(i) Schools/Colleges/Institutions

5,000

(ii) Non-Star Hotels

5,000

Per Annum

(iii) Star Hotels

10,000

Bulky Waste from all non bulk waste generators

2.50

like Residential, Commercial and non-commercial

per kg.

activities.

Bulky Waste from bulk waste generators

including Residential, Commercial, Industrial,

per kg.

Hotels, Kalyanamandabam and Health Care

Establishments.

414

LA GAZETTE DE L'ETAT

[PART–II

ANNEXURE V

Payable By Bulk Waste Generators

For Bulk Waste Generators who do not process their own Solid

Waste onsite or have not engaged an Empaneled Vendor for Solid Waste

management services, the SWM Service Charge shall be–

` per kg.

For collection, transport and processing

4.00

Bio-degradable Waste, Non-Biodegradable

Domestic Hazardous Waste, Sanitary and

E-waste.

For collection, Transport Bio-degradable.

3.00

For collection, transport and processing of

2.50

Per day

Non-Bio-degradable Waste.

For collection, transport and processing

4.00

Domestic Hazardous Waste and Sanitary

Waste.

For collection, transport Bulky Wastes.

2.00

————

ANNEXURE VI

Payable by Construction and Demolition Waste Generators

Permission for storing in public place earmarked 1,000/

Per

by designated municipal authorities.

Tonne

day

Charges for transportation of segregated C&D 1,000

Tractor

waste by Municipality (including loading)*

load

Charges for transportation of unsegregated waste 1,500

Tractor

by Municipality (including loading)*

load

Charges for dumping of C&D waste at designated

200

Tractor

place.

415

PART–II]

LA GAZETTE DE L'ETAT

Sale of C&D/Silt Waste from designated collection

200

Tractor

centre (without transportation).

load#

Sale of C&D Waste from designated collection 1,000

Tractor

center (with transportation).

load#

Note:

Even part load will be consider as full load.

Maximum 2 Cubic meter consider as tractor load.

————

SCHEDULE IX (a)

(See Bye-law CHAPTER VII)

DEPOSIT FOR CONDUCTING EVENTS AND PUBLIC GATHERINGS

Sl.

Purpose of

Deposit Amount based on No. of people

No.

Function

at event/per day

No of

< 5000

5001-10,000 10,000 -25,000

>25,000

Participants

` 10,000

` 15,000

` 25,000

` 50,000

————

SCHEDULE IX (b)

(See Bye-law CHAPTER III)

DEPOSIT FOR CONSTRUCTION AND

DEMOLITION WASTE STORAGE PERMISSION

Sl. No.

Description

Amount

(1)

(2)

(3)

Application Scrutiny Fee for C&D Bulk Waste

1,000/

Project

416

LA GAZETTE DE L'ETAT

[PART–II

SCHEDULE X (a)

(See Bye-law CHAPTER IX)

SCHEDULE OF PENALTY

Sl.

Non-compliance and type of

Penalty/fine

Penalty for

No.

Waste Generator

for the first

the second

offence

and

subsequent

offence

(1)

(2)

(3)

(4)

Failure to segregate and/or handover

Solid Waste according to these

Bye-laws by–

(i) By Domestic Waste Generator (who

500

1,000

are not Bulk Waste Generators).

(ii) Small commercial establishments

1,000

2,000

(iii) Bulk Waste Generators.

2,500

5,000

Failure to segregate Solid Waste

according to these Bye-laws littering/

handing over waste to unauthorized

waste collectors by–

(i) By Waste Collector (including

1,000

2,000

SWM officials) who collects mixed

waste or mixes different streams of

waste and transports from NBWG.

(ii) By Waste Collector (including

2,500

5,000

SWM officials) who collects mixed

waste or mixes different streams of

waste and transports from BWG.

Disposal of Solid Waste by burning,

5,000

dumping and/or unauthorized burial by

any Waste Generator (who is not a

Commercial or Bulk Waste Generator)*

417

PART–II]

LA GAZETTE DE L'ETAT

Disposal of Solid Waste by Burning,

25,000

Dumping and/or Unauthorised Burial

Commercial/Bulk

Waste

Generator*.

Failure to deliver (non-household) fish,

1,000

2,000

poultry and slaughterhouse waste in a

segregated manner to the waste

collector as specified in the Bye-laws

or dumping of (non household) fish,

poultry and slaughter house waste in

community bin, Receptacle, public

place or any other unauthorised place.

For a Street Vendor without container/

300

500

waste basket and/or who does not

deliver Solid Waste in a segregated

manner as specified in the Bye-laws.

Failure to comply with any lawful

500

1,000

directions issued by the Commissioner

to ensure cleanliness and hygiene of

Road, Bus Station, Railway Station,

Street, Playground, Park and other

premises of public utility.

(i) Indiscriminate throwing in public/

500

1,000

private place.

(ii) Irregular deposit of rubbish or filth

or any other solid matter.

Vacant Sites/House holds/Apartments

left unattended in a filthy and

unhygienic manner/causing stagnation

of water owner heading to public

health Hazard.

House

: 2,000

Holds

Apartment: 5,000

Vacant

: 10,000

Plots

House

: 4,000

Holds

Apartment: 10,000

Vacant

: 20,000

Plots

(1)

(2)

(3)

(4)

* As per NGT directions dated 15-3-2019 with regard OA no 606 of 2018.

418

LA GAZETTE DE L'ETAT

[PART–II

Discharging of fecal sludge in unauthorized

2,500

5,000

place (other than P.W.D. Sewage

Treatment Plant at Karuvadikuppam).

Non maintenance of Public toilet

500

1,000

Commercial Toilet by Service provider

(NGO, SHG, Temple Trustee, etc.).

Letting out of sewage/sullage on road

500

100/

sides were drains are not constructed

day

so far.

Letting out of sewage/sullage in side

500

100/

drains (open drains) where underground

day

drainage facility is available.

Rearing of Cattles (Cows/Buffaloes)

500/

1,000/

without obtaining licence from

cattle

Municipality.

Letting out of cow dung in roads/open

1,000

1,000/

drainage/underground drainage.

day

Indiscriminate dumping of cow dung in

1,000

1,000/

Public/Private places.

day

Letting out of Cattles in Public areas.

3,000/

To be seized

cattle/

(unclaimed

day

within 5 days)

and Handed

over to nearby

Gowshalas/

Veterinary

College/KVK.

Letting out of Pet animals in public areas.

200/

500/

(unmanned)

animal

Rearing of Pigs in Municipal limit

To be seized and auctioned

(even in their own premises)

without notice including a

fine of ` 200/pig.

(1)

(2)

(3)

(4)

419

PART–II]

LA GAZETTE DE L'ETAT

Littering, spitting, urinating, open

500

1,000

defecating or committing any other

acts of Public Nuisance.

Failing to provide toilet facility in a

1,000

1,000/

residential premises (in the event of

day

non availability of Public/Community

Toilets within 500 meters.

Littering of flowers/Reed grass, etc.,

5,000/

10,000/

on roads and public places other than Occassion

Occassion

burial ground/cremation ground on eve

of death/any occasion/Function.

Manual Hazardous Entry without safety

Penalty as per

gears (Fine imposed on Owner).

PEMSRA, 2013

All penalties to be levied as notified in Bye-laws for Plastic Waste

Management (Amendment), 2021, in the Extraordinaire Gazette Part-II,

No. 18, dated 18-04-2022 and subsequent amendments.

————

SCHEDULE X (b)

SCHEDULE OF PENALTY (IN INDIAN RUPEES)

Sl. No.

Penalty for untrue self-declaration by

Penalty/fine for

Bulk Waste Generator

the offence

(1)

(2)

(3)

50 kg. to 75 kg.

1,000/Day

75 kg. to 100 kg.

1,500/Day

> 100 kg.

2,000/Day

————

(1)

(2)

(3)

(4)

420

LA GAZETTE DE L'ETAT

[PART–II

SCHEDULE X (c)

(See Bye-law CHAPTER IX)

PENALTY FOR NON-COMPLIANCE AT

EVENTS AND PUBLIC GATHERINGS

Sl.

Offence

Penalty amount based on

No.

No. of people at event

No. of People

< 5,000

5,001-

10,000- >25,000

10,000

25,000

Carrying out event without

2,500

5,000

10,000

50,000

permission.

Violation of plastic ban.

3,500

7,000

25,000

50,000

(a) Plastic and NWPP bags.

3,500

7,000

25,000

50,000

(b) Plastic/thermocol for serving

3,500

7,000

25,000

50,000

food and beverages.

7,000

25,000

50,000

Failure to tie up with an authorized

2,500

5,000

20,000

40,000

vendor for management of waste

from the event venue.

Non-provision of waste receptacles

2,500

5,000

20,000

40,000

for depositing segregated waste.

Failure to store segregated waste at

5,000

10,000

50,000 1,00,000

event venue

Burning of waste on premises

5,000

10,000 1,00,000 2,00,000

(or at any other site) or disposal

non-compliant with SWM Rules, 2016.

————

421

PART–II]

LA GAZETTE DE L'ETAT

SCHEDULE X (d)

(See Bye-law CHAPTER IX)

PENALTIES FOR CONSTRUCTION AND DEMOLITION WASTE

Sl.

Type of Violation

Penalty

No.

per tonne

(1)

(2)

(3)

Dumping of C&D Waste in front of houses, parks

3,000

or at any other public space.

For not delivering Construction and demolition

1,000

Waste in a segregated manner to designated C&D

Waste storage yard.

Mixing construction debris with wet Waste.

500

Dumping Waste in open spaces, river beds, Canal

3,000

and quarries.

————

online publication at “https://styandptg.py.gov.in”

Published by the Director, Government Press, Puducherry.