[ 1193 ]

GOVERNMENT OF PUDUCHERRY

MANNADIPET COMMUNE PANCHAYAT, PUDUCHERRY

No. 68-94/MCP/Works/2022-23.

Thirubuvanai, dated 23rd December 2022.

NOTIFICATION

In exercise of powers conferred under section 320 of Puducherry

Village and Commune Panchayats Act, 1973 (No. 10 of 1973), the

following Bye-laws, for collection, transportation and treatment of waste

of onsite sanitation systems (faecal sludge, septage and waste water)

and for matters connected therewith and incidental or ancillary thereto

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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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No. 80

Poudouchéry

Lundi

Décembre

2022

No.

Puducherry

Monday

26th

December

2022

(6 Pausa 1944)

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[PART–II

is hereby published in “Faecal Sludge and Septage Management

Bye-laws 2022” and notice is given that the said Bye-laws shall be taken

into consideratin after the expiry of 30 (thirty) days from the date of

publication in the Official Gazette.

Whereas, any objections or suggestions which may be received

from any person in respect of the said Draft Bye-laws before the expiry

of the period specified above shall be taken into consideration before.

The final obligations or objections or suggestions may be addressed to

the Commissioner, Mannadipet Commune Panchayat, Thirubuvanai,

Puducherry-605 107.

V. EJILERADJANE,

Commissioner.

————

MANNADIPET COMMUNE PANCHAYAT

DRAFT BYE-LAWS

ON FAECAL SLUDGE AND SEPTAGE MANAGEMENT – 2022

CHAPTER – I

1. Short title and commencement.— (i) These Bye-laws may

be called "Mannadipet Commune Panchayat Draf Bye-laws on Faecal

Sludge and Septage Management-2022".

(ii) These Bye-laws shall come into force on the date of their

publication in the Official Gazette of Government of Puducherry and shall

be applicable within the administrative boundary of Mannadipet

Commune Panchayat.

2. Definitions.— (i) "Access Cover" mean, an opening used to

access an Onsite Sanitation System (OSS) for inspection, cleaning and

other maintenance operations, fitted with a suitable cover;

(ii) "Registered Vacuum Tanker" mean, a Vacuum Tanker, duly

registered by the Transport Authority of the State to perform the

designated purpose, having been inspected and registered by authorized

officials of Local Bodies in Puducherry District for desludging,

transportation and disposal of Faecal Sludge and Septage (FSS);

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(iii) "Decentralised Wastewater Treatment System (DWWT)" is

an approach which includes collection, treatment and disposal/reuse of

wastewater from individual homes, residential societies, isolated

communities, industries, institutions or near the point of generation.

DWWTs cater to both - liquid and solid components of wastewater.

(iv) "Designated Officer" mean, an Officer of Mannadipet

Commune Panchayat authorized by Commissioner, Mannadipet Commune

Panchayat to issue Licence or any other work assigned to him;

(v) "Desludging" refers to the operation of removing FSS from

OSS by a licensed operator or trained sanitary workers of Mannadipet

Commune Panchayat/Public Works Department, Puducherry;

(vi) "Disposal" refers to Transportation and discharge/transfer

of FSS to the Notified Location;

(vii) "Effluent" is the supernatant (liquid) discharged from

an OSS. The liquid separated out from the Septage is also referred to as

effluent;

(viii) "Emergency Responsible Sanitation Unit (ERSU)" which is

to be constituted by involving Mannadipet Commune Panchayat and

Public Works Department Officials for providing professional, well

trained, motivated and appropriately equipped workforce for the

maintenance and management of sewers and septic tanks thereby

eliminating the deaths caused by entry of workers into sewers and septic

tanks without proper PPE's and training and non-adherence to security

protocols.

(ix) "Faecal Sludge" is the raw or partially digested slurry or

semisolid collection of combinations of excreta and black water, with or

without grey water. It is the settled contents of pit latrines and septic

tanks. The physical, chemical and biological qualities of faecal sludge are

influenced by the duration of storage, temperature, soil condition and

intrusion of groundwater or surface water in septic tanks or pits,

performance of septic tanks and tank emptying technology and

frequency. Faecal sludge is the solid or settled content of pit latrines and

septic tanks. Faecal Sludge (FS) comes from onsite sanitation systems.

Examples of onsite technologies include pit latrines, non-sewered public

ablution blocks, septic tanks, aqua privies and dry toilets;

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(x) "Faecal Sludge and Septage Treatment Plant (FSSTP)" is an

independent FSS treatment facility for remediating the solid and liquid

components to prescribed standards for safe disposal and reuse. This

may also refer to a Sewage Treatment Plant, wherein, faecal sludge/

septage is being cotreated with sewage;

(xi) "Licence" means, a written permission granted to any

Person/Desludging vehicle, that intends to carry out the services of

Faecal Sludge and Septage Management (FSSM) having mentioned the

purpose, period, name and address, route, etc., under the signature of

the authorized signatory of the Mannadipet Commune Panchayat or any

other Local Bodies within Puducherry District;

(xii) "Licensed Operator" mean, any person holding Licence to

carry out desludging and transportation of FSS to the Notified

Location;

(xiii) "Nodal Agency" mean, the Government Department or

Mannadipet Commune Panchayat or Agency hired by it for the operation

and maintenance of Sewers, STP and FSSM;

(xiv) "Notified location" mean, the location of delivery and

disposal of FSS, as defined and earmarked by Mannadipet Commune

Panchayat/Public Works Department, Puducherry;

(xv) "Onsite Sanitation System (OSS)" is a sanitation

technology system in which excreta collected and stored and emptied

from or treated on the plot where they are generated;

(xvi) "Operator" refers to person engaged in the business of

desludging, transportation or treatment of FSS;

(xvii) "Person" includes an individual, an Agency, a Trust, a

Society, a Firm or a Company incorporated under relevant laws, an

association of persons or a Body of Individuals whether incorporated or

not;

(xviii) "Scheduled Desludging" refer to regular emptying of

OSSs at an interval of 2-3 years based on the recommendations of Central

Public Health and Environmental Engineering Organisation (CPHEEO);

(xix) "Scum" refers to layer of solids formed by wastewater

constituents that floats to the surface of a tank or reactor (such as oil,

grease, hair or any other light material);

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(xx) "Septage" is the faecal sludge desludged from a well-

designed septic tank. A liquid and solid material that is pumped from a

septic tank, cesspool, or even onsite treatment facility after it has

accumulated over a period of time. Usually, septic tank retains 60% - 70%

of the solids, oil and grease that enter it. The scum accumulates on the

top and the sludge settles to the bottom comprising 20% - 50% of the

total septic tank volume when pumped out. Offensive odour and

appearance are the most prominent characteristics of septage. It is a host

of many disease-causing organisms along with the contamination of

significant levels of grease, grit, hair and debris. Septage is the

combination of scum, sludge and liquid that accumulates in septic tanks.

The effluent from the septic tank can be collected in a network of drains

and/or sewers and treated in a treatment plant designed appropriately.

The accumulating sludge at the bottom of the septic tank however, has

to be also removed and treated once it has reached the designed level

or at the designed desludging frequency whichever occurs earlier. Such

a removal is possible only by suction trucks. While, sucking out the

sludge, the liquid in the septic tank will also be sucked out. Such a

mixture is referred to as septage.

(xxi) "Septic tank" mean, an underground watertight tank that

treats sewage by a combination of solids settling and anaerobic

digestion. The effluents are to be discharged into soak pits, drain fields

or small-bore sewers, and the solids/septage has to be pumped out

periodically.

(xxii) "Sewage" is the wastewater that is transported through

the sewers.

(xxiii) "Sewers" means, the underground conduit for the

collection of sewage is called Sewer. A network of sewer and

appurtenances intended for the collection and conveyance of sewage

generated from each of the properties to a sewage pumping station for

pumping to sewage treatment plant for further treatment and disposal is

called sewerage system.;

(xxiv) "Sewage Treatment Plant" mean, the place where sewage

is treated to prescribed standards for safe disposal and reuse;

(xxv) "Taskforce" means, the City Sanitation Taskforce

constituted in the area Headed by the Commissioner; the Members of the

Committee may be coopted by him from Government Departments, Public

Undertakings, Educators, among other eminent people of society.

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(xxvi) "Trained Sanitary Workers of Mannadipet Commune

Panchayat" mean, Mannadipet Commune Panchayat staff or contracted/

hired workers engaged and trained by Mannadipet Commune Panchayat

for the purpose of Desludging/Emptying and Transportation of FSS

using Mannadipet Commune Panchayat owned vacuum tanker.

(xxvii) "Transportation" means, safe transfer of FSS through

registered vacuum tanker from the place of desludging to the Notified

Location;

(xxviii) "Treatment" means, any scientific method or process

designed to alter the physical, chemical or biological and radiological

character or composition of FSS/sewage/wastewater to reduce or prevent

pollution.

(xxix) "Vacuum Tanker" is a vehicle that has a pump and a tank,

designed to pneumatically suck FSS from the OSS. These vehicles are

also used to transport desludged FSS.

(xxx) "Wastewater" means, liquid effluent from domestic/

commercial human activity including effluent from toilets, kitchen and

cleaning activity, but, does not include effluents from manufacturing and

industrial activity. Usually such effluent flow through storm water drains,

thus, it includes storm water as well.

All other words and expressions used in these Bye-laws and not

defined in these Bye-laws and not defined herein above but, defined in

the Act or any other law for the time being in force shall have the

meaning, respectively assigned to them under the Act or law and in

absence thereof, the meaning as commonly understood in the water

supply and sewage treatment/disposal industry.

CHAPTER – II

WASTEWATER MANAGEMENT

3. Management and disposal of wastewater from premises.—The

owner/occupier of every property in Mannadipet Commune Panchayat

(including, but, not limited to, residential and commercial, proposed or

existing) shall be responsible to ensure that wastewater from their

premises is treated or disposed of through any, or a combination of any

of the following ways, namely :

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(i) If, sewer is available within 30 (thirty) metres from the

boundary of the premises or at such other is connected to sewerage

system on payment of such distance as may be feasible, the property fee

(if any) and on completion of other procedures as may be required;

(ii) Wastewater is conveyed to a Mannadipet Commune

Panchayat/Public Works Department, Puducherry, approved community

or local area treatment facility.

(iii) Properties which generate more than 10 thousand litres of

wastewater per day and have green area more than 500 square metres

within their premises, shall install a decentralized wastewater treatment

system so as to treat the wastewater generated in the property. The

property owner shall ensure reuse of the treated wastewater for

horticulture/flushing, thus, lowering the dependence on fresh water.

(iv) The wastewater is contained in an OSS without any outlet.

CHAPTER – III

ONSITE SANITATION SYSTEMS

4. Design, construction and maintenance of OSSs.— (i) The

design, construction and installation of OSSs shall be made in

accordance with the provisions of the 'Manual on Sewerage and Sewage

Treatment Systems, 2013, CPHEEO as may be modified from time to time

or any other accepted sound engineering practice as may be issued by

Mannadipet Commune Panchayat or the State/Central Government.

(ii) The owner(s)/resident(s) of the properties connected to

OSSs, shall be responsible for upkeep, maintenance and safe disposal of

the FSS from such OSSs.

(iii) The owner(s) of the properties shall undertake desludging

on a regular basis (every 2-3 years) on payment of such cost as may be

determined by Mannadipet Commune Panchayat.

(iv) The owner of the premises shall ensure that no pollution is

caused to the environment due to direct discharge of FSS into open

areas or into the stormwater drain due to malfunctioning or faulty

construction of the OSS.

(v) The owner of the premises shall ensure that the septic tanks

are cleaned mechanically by Licensed Operator or Trained Sanitary

Workers of Mannadipet Commune Panchayat with adequate safety

measures and no manual cleaning is taken up for the purpose.

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(vi) Commissioner, Mannadipet Commune Panchayat or Officer

Designated by Commissioner, Mannadipet Commune Panchayat has the

right to inspect the premises for non-compliances and may issue

notice to the Owner of the Premises for retrofitting/rectification of

non-compliances related to management and disposal of Faecal Sludge,

Septage and Wastewater (FSSW) at his own cost within a frame of time.

(vii) Mannadipet Commune Panchayat may, at its discretion,

provide instructions to property owners for retrofitting/rectification of

non-compliant systems and engage technical experts to suggest alternate

systems.

CHAPTER – IV

REGISTRATION AND LICENSING FOR DESLUDGING AND

TRANSPORTATION OF FSS

5. Licence to be issued by the Mannadipet Commune Panchayat.—

(i) Mannadipet Commune Panchayat shall issue licence to the registered

Vacuum Tanker(s) owned or hired by the vendor of the Nodal Agency or

private operator(s) currently providing desludging services in

Mannadipet Commune Panchayat. Licences issued by any other Local

Body/Public Works Department within the region of Puducherry District

is also accepted.

(ii) Information, Education and Communication (IEC activities)

for the operators including their staff to sensitize and train to employ

best practices found on emptying and transportation of FSS operating

in Mannadipet Commune Panchayat limit. This training shall be carried

out within 1 month from the date of registration.

(iii) Once, the operator thinks that (s)he complies successfully

with the criteria of licensing, (s)he shall apply in Form 1 (as per Appendix)

of these Bye-laws. This shall not exceed 2 months post completion of

training.

(iv) After satisfying the criteria's by the applicant's Mannadipet

Commune Panchayat shall issue Licence to Operator for desludging and

transportation of FSS to Notified Location(s).

(v) Licence will be issued in the format, prescribed in Form 2 of

these Bye-laws and will be valid or a year from the date of issue, unless

revoked earlier and shall be renewable on its expiry subject to fulfillment

of terms and conditions by the Licensed Operator and on payment of fee

prescribed.

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(vi) Mannadipet Commune Panchayat shall inspect the

registered the vehicle for its satisfaction. Mannadipet Commune

Panchayat has the right to reject or revoke the registration of vehicles

which Mannadipet Commune Panchayat believes does not meet the

criteria mentioned in clause 15 of these Bye-laws or poses a threat to the

safety and public health of the city.

6. Criteria for issue of Licence for desludging and transport of

FSS.— (i) The eligible applicant for obtaining the Licence mean, the

"Person" as defined in clause 2 (xvi) of these Bye-laws.

(ii) The applicant should own or hire leak-proof, odour and spil

proof vacuum tanker(s) with a proper vacuum/suction and discharging

arrangement.

(iii) The vehicle will have a valid permit or Registration

Certificate of the Transport Department to operate at Mannadipet

Commune Panchayat Jurisdication.

(iv) The applicant shall register her/his vacuum tanker(s) with

Mannadipet Commune Panchayat or to be registered with any Local Body

within Puducherry District.

(v) The applicant shall undertake that the vacuum tankers

owned/hired by her/him meet the criteria mentioned in clause 10 of these

Bye-laws.

(vi) The applicant shall undertake to have workers adequately

trained for this purpose by Mannadipet Commune Panchayat or Agency

hired by Mannadipet Commune Panchayat or by any Local Body within

Puducherry District.

(vii) The applicant shall undertake to equip the workers with

safety gears and other personal protective equipment (PPE) required to

safely desludge, transport and dispose the FSS at the Notified Locations.

The required PPE shall be as per the list in Appendix-3 of these Bye-laws.

(viii) The application for obtaining licence for desludging,

transportation and disposal of FSS shall be submitted in prescribed

format, appended as Form-1 of these Bye-laws, including Terms and

Conditions and with such documents as prescribed by the Designated

Officer(s) of Mannadipet Commune Panchayat.

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(ix) Mannadipet Commune Panchayat shall give wide publicity

on its website and through leading newspapers and other print and

electronic media periodically, inviting prospective applicants to apply for

the Licence.

(x) Mannadipet Commune Panchayat may charge application fee

as prescribed from time to time for processing the application grant the

licence. The fee will be non-refundable and the same can be paid

electronically or by Demand Draft in favour of Mannadipet Commune

Panchayat. The Licensed Operator shall deposit prescribed amount,

notified from time to time as performance guarantee, in the form of Bank

Guarantee which will be forfeited in case, any violation under the

Bye-laws.

7. IEC about FSS Management.— (i) The Mannadipet Commune

Panchayat will periodically give wide publicity to the Licensed

Operator(s), on its website as well as through print and electronic media.

(ii) The Mannadipet Commune Panchayat any other Local Body

within the District of Puducherry will undertake awareness campaign(s)

to make the people aware of these Bye-laws as well as the need to engage

only the Licensed Operator(s) for desludging, transportation and

disposal of FSS.

CHAPTER – V

DESLUDGING/COLLECTION AND TRANSPORTATION OF FSS

8. Owner/Occupier of property to engage only Licensed

Operator(s).— (i) It shall be the duty of each owner/occupier of the

property to engage the services of Licensed Operators or Trained

Sanitary Workers of Mannadipet Commune Panchayat for desludging

and transportation of FSS.

(ii) The owner/occupier shall confirm that the Licence issued to

the desludger(s) is valid on the date of execution of work. She/He shall

also append her/his signature to the record Form for collection, transport

and disposal of FSS, prescribed at Form-3 of these Bye-laws.

9. Fee for Desludging and Transportation of FSS.— (i) The fee for

desludging and transportation of FSS to notified locations shall be as

notified by the Designated Officer from time to time.

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(ii) As and when Mannadipet Commune Panchayat decides to

implement scheduled desludging in the city, the desludging fee shall be

replaced by 'Sanitation Charge' or can be incorporated in property/water

tax, which shall be notified by Mannadipet Commune Panchayat from time

to time.

(iii) Licensed Operator shall not charge any amount from the

owner/occupier of the property in excess to the amount notified by

Mannadipet Commune Panchayat from time to time.

(iv) Any demand for fee for desludging and transportation of

FSS in excess to the notified fee shall make the Licensed Operator liable

for cancellation of Licence and imposition of penalty prescribed for

violation of these Bye-laws.

10. Vehicles for transportation of FSS.— (i) The FSS shall be

desludged and transported only by Licensed Operator(s) or Trained

Sanitary Staff of Mannadipet Commune Panchayat.

(ii) Vacuum Tanker(s) can be registered for a period of 6 months,

even if, all the required conditions are not met. In such cases, the

respective operator(s) should upgrade the Vacuum Tanker within this

given time frame.

(iii) Desludging vehicles to only follow designated routes (as

identified by Mannadipet Commune Panchayat from time to time) for safe

and efficient transportation of FSS.

(iv) A copy of Licence issued to the Operator and Mannadipet

Commune Panchayat or any other Local Body with the Puducherry

District shall be prominently displayed on the vehicle used for

desludging and transportation of FSS.

(v) The vacuum tanker shall be painted with yellow colour, duly

marked with (The precaution) in red colour "Septic Tanker" (in English)

and "Ôa° ¿Ï ªÏ]" (in Tamil).

(vi) Each vehicle used for transportation of FSS shall be fitted

with a GPS Device and Access Rights of the same shall be given to the

office of Commissioner and the agency notified by Local Bodies in

Puducherry for tracking of such vehicles.

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[PART–II

(vii) The Licensed Operator shall ensure that there is no

leakage/spillage of the FSS during transportation from the desludging

point to the notified location for disposal.

11. Liability of Licensed Operator in the eventuality of accident

and safety of workers.— (i) The Licensed Operator shall be fully and

solely liable for any damage caused to a vehicle, property or environment

in the eventuality of any accident or disaster and shall be liable to

person, pay any damage charges/compensation on its own, if any

imposed by the authority/Court of law there to, to the victims/their legal

heirs.

(ii) The Licensed Operator shall be responsible for taking all the

safety measures including provision of hand held Gas-Detectors,

Gas-Masks, Protective-Gear, Oxygen-Mask with Oxygen-Cylinder and

First-Aid Box etc., and such other measures as specified in Prohibition

of Employment as Manual Scavengers and their Rehabilitation Act, 2013

and rules made thereunder, including these Bye-laws.

12. Disposal of FSS.— (i) The Licensed Operator shall dispose

FSS only at the notified by Mannadipet Commune Panchayat from time

to time.

(ii) The Licensed Operator shall submit duly signed FSS

desludging, transportation and disposal Form prescribed in Form 3 of

these Bye-laws, duly filled and signed to the official of Mannadipet

Commune Panchayat designated for this purpose.

13. Training, health and insurance of worker(s).— (i) The

Licensed Operator shall be responsible for periodic training of the

worker(s) deployed in desludging, transportation and disposal of the

FSS.

(ii) The Licensed Operator shall be responsible for ensuring that

every worker(s) deployed, undergoes health checkup at least twice a year

and submit record of the same to Mannadipet Commune Panchayat,

failing which the Licensed Operator shall be liable to pay penalty as

notified from time to time.

(iii) The worker(s) deployed by the Licensed Operator shall be

insured to cover compensation to be Prohibition of Employment as

Manual Scavengers paid to the victims/their legal heirs under and their

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Rehabilitation Act, 2013 and APEX Court's Order, dated 27-03-2014 in Writ

Petition, No. 583 of 2003 (Safai Karamchari Andolan and others v/s. Union

of India and others) in the eventuality of accident during the process of

desludging, transportation and disposal of FSS.

(iv) To create awareness towards available welfare Schemes

under NSKFDC, Mannadipet Commune Panchayat or any other Local

Body in Puducherry District will conduct orientation programs to

facilitate and handhold the beneficiaries.

14. Cancellation of Licence.— In case of violation of any of the

provisions of Prohibition of Employment as Manual Scavengers and their

Rehabilitation Act, 2013 including these Bye-laws, the Licensed Operator

shall be liable to pay penalty as notified from time to time, including the

cancellation of licence and forfeiture of performance guarantee as per the

recommendation of Taskforce or Designated Officer(s).

CHAPTER – VI

TREATMENT AND REUSE / DISPOSAL OF FSSW

15. Identification of treatment/disposal site(s).— The Mannadipet

Commune Panchayat/Public Works Department/any other Local Body

within the District of Puducherry will identify and notify the location(s)

where, the FSSW shall be treated/disposed by the Licensed Operator or

Trained Sanitary Staff of Mannadipet Commune Panchayat.

16. Creation of infrastructure to receive the FSSW.— The

Mannadipet Commune Panchayat/Public Works Department/any other

Local Body within the District of Puducherry will create necessary

infrastructure and provide necessary equipment at the notified location(s),

to facilitate the treatment/disposal of FSSW brought by the registered

vehicle(s).

17. Deployment of staff to receive the FSS.—The Mannadipet

Commune Panchayat/Public Works Department/any other Local Body

within the District of Puducherry shall deploy sufficient staff at each

notified location(s), to receive the FSS and transfer it to the respective

treatment facility.

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[PART–II

18. Timing to receive the FSS.— The FSS shall be received by the

staff deployed by the Mannadipet Commune Panchayat/Public Works

Department/any other Local Body within the District of Puducherry at

each notified location(s) during the hours as notified by Mannadipet

Commune Panchayat from time to time.

19. Industrial waste not to be allowed.— The disposal of FSS

containing industrial waste shall not be permitted at the notified

location(s).

20. Training in FSSM.—The staff deployed by the Mannadipet

Commune Panchayat/Public Works Department at the notified location(s)

shall be trained for receiving and treatment/disposal of FSS.

21. Reuse of treated FSSW.— (i) The Mannadipet Commune

Panchayat/Public Works Department/any other Local Body within

Puducherry region shall sensitize farmers about the health and

environmental ill effects of agricultural application of untreated FSSW

and encourage them to use treated FSSW from the FSSTP.

(ii) Mannadipet Commune Panchayat/Public Works Department/

any other Local Body within the District of Puducherry shall utilize

treated wastewater from the DWWTS in the city for the purpose of

horticulture, and any other purpose wherein, it can be used in lieu of

fresh water.

(iii) Project proponent of any construction activity shall

consume any available treated wastewater in the vicinity (1 km. radius)

of the project for construction purpose. Only in cases of inadequate

availability/unavailability of treated wastewater, the proponent shall

consult Mannadipet Commune Panchayat to explore other available

options and take approval for the same.

CHAPTER – VII

ADMINISTRATION AND ENFORCEMENT

22. Administration and enforcement.— (i) The administrative and

enforcement powers of these Bye-laws is vested with the Commissioner

or the designated official of the Mannadipet Commune Panchayat duly

authorized by the Commissioner.

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(ii) Mannadipet Commune Panchayat may levy user fees as

determined and notified from time to time, for rendering services of

desludging, transportation or treatment. For ensuring the cost recovery,

the users shall be required to pay for these services.

(iii) For the purpose of effective implementation and

enforcement of these Bye-laws, Mannadipet Commune Panchayat shall

have the power of inspection of any premises, transportation vehicles

and FSS treatment facility at any given time.

23. Violations and penalties.— (i) Any person guilty of violation

of any of the provisions of these Bye-laws, shall be issued with a notice

for compliance.

(ii) Any person shall be subject to penal provisions under these

Bye-laws, if such person–

(a) contravenes or fails to comply with any provisions of

these Bye-laws;

(b) obstructs, hinders or interferes with an authorized official

or other official of the Mannadipet Commune Panchayat acting

under power delegated to her/him in the exercise of any power

or the performance of any duty under these Bye-laws;

(iii) The person found to be guilty of violation of provisions of

these Bye-laws shall be punished to the extent to the amount as

indicated in Appendix-5 and prosecution under relevant law and shall be

subjected to seizure of the FSS transport vehicle, FSSW treatment

facility or property as the case may be.

(iv) Whoever, in any case, in which a penalty is not expressly

provided in Appendix - 5 is found to be guilty, shall be punishable with

a fine of Two Thousand Indian Rupees (` 2,000) and in case of

continuing contravention with an additional fine amounting to Two

Thousand Five Hundred Indian Rupees (` 2,500) for every day during

which such contravention continues.

(v) For removal of doubt, it is hereby declared that nothing in

these Bye-laws shall prevent any person from being prosecuted and

punished under any other relevant Act, for the time being in force, or any

Act or omission made punishable under these Bye-laws.

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24. Appeal.—Any person aggrieved by the decision of an

authorized official of Mannadipet Commune Panchayat under Bye-laws,

may appeal (in format appended in Form 4 of these Bye-laws) against

such decision to the Commissioner and if, the decision is made by the

Commissioner, the appeal shall lie to the Council/Special Officer within

a period of thirty days from the date of receipt of a copy of the order

appealed against.

25. Dispute resolution clause.— Any dispute, arising out or in the

connection with the operation of these Bye-laws, shall be resolved under

Indian Laws by Competent Court of Law having jurisdiction of Oulgaret

Municipality only.

26. Reference Documents.— For the ease of implementation and

rolling out of the Bye-laws, a list of standards, strategies, manuals,

guidelines and policies, as provided in Appendix of these Bye-laws, may

be referred to, as those shall stand modified from time to time.

————

APPENDIX – 1

FORM -1

Application Form for Licence to Collect, Transport and

Dispose of Faecal Sludge and Septage

Application Form for Licence for Collection, Transportation and

Disposal of Faecal Sludge and Septage in Mannadipet Commune Panchayat

1. Name(s) of the Applicant

: (Mr/Ms.)

2. Nationality

: (Indian/Other)

3. Address of correspondence

4. Address of Head Office /

Regd. Office.

5. Telephone Numbers

: Office :

Mobile:

Paste

passport

size

photograph

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6. e-mail ID

7. Registration No. of vehicle(s) :

(i)

(ii)

(iii)

(iv)

8. Fitness Certificate of the vehicle(s) valid up to:

(i)

(ii)

(iii)

(iv)

9. Insurance of the vehicle(s) valid up to:

(i)

(ii)

(iii)

(iv)

10. Pollution Certificate of the vehicle(s) valid up to:

(i)

(ii)

(iii)

(iv)

11. Vehicle (s), whether fitted with: Yes / No

GPS tracker.

12. Details of payment of processing fee for licence:

Demand Draft No. :

Date

Bank

13. List of attached documents (self-attested copy) (tick ):

(i) Identity proof

(ii) Registration Certificate(s)

(iii) Pollution Certificate(s)

(iii) Address proof

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(iv) Fitness Certificate(s)

(v) Driving Licence

(vi) Certificate(s) of Insurance and :

Policy Schedule.

(vii) Passport size photographs

(viii) List of employees

Total number of attachments

I/We certify that information given by me/us in column 1 to 13 are

true to the best of my knowledge and belief. I also certify that I have read

and understand the attached terms and conditions and agree to abide by

them. I agree that if, any information given by me is found wrong, the

application for licence will be liable for cancellation at any time.

Signature of Applicant

Date :

Terms and conditions

1. Faecal Sludge and Septage (FSS) shall be collected and transported

only by an agency having a valid licence for this purpose issued by

the Mannadipet Commune Panchayat.

2. The fee for collection and transportation of FSS up to the Faecal

Sludge and Septage Treatment Plant (FSSTP) shall be as prescribed

by Mannadipet Commune Panchayat from time to time. No Licensed

Operator shall charge any amount from the OSS owner in excess of

the prescribed fee.

3. FSS shall be transported only in the vehicles approved for this

purpose by the Officer authorized for this purpose by Mannadipet

Commune Panchayat.

4. The Licensed Operator shall ensure that there is no leakage of FSS

during transportation from the collection point to the FSSTP.

5. The vehicle carrying FSS shall be fitted with prescribed equipment

to take care of threat of pollution due to any accident during the

movement of the vehicle from desludging point to the FSSTP.

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6. Each vehicle used for transportation of FSS shall be fitted with GPS

device and access rights of the same shall be given to Mannadipet

Commune Panchayat and the agency notified by Mannadipet

Commune Panchayat for tracking of such vehicles.

7. The licensee shall be fully and completely liable for any damage to

any person, vehicles, property and environment in case of any

accident or disaster.

8. A copy of licence shall be prominently displayed on the vehicle

used for transportation of FSS.

9. The vehicle/tanker shall be painted with yellow colour duly marked

with the precaution in red colour "Septic Tanker" (in English) and

"Ôa° ¿Ï ªÏ]" (in Tamil).

10. The licensee shall dispose of FSS only at the FSSTP/designated

place.

11. FSS will be received at the FSSTP on all days from 7.00 a.m. to 7.00 p.m.

The licensee shall plan the trip in such a way that the decanting can

be done within the given time slot.

12. The licensee shall be responsible for regular training of the staff

deployed to provide effective services of collection, transportation

and disposal of FSS, use of protective equipment for taking

measures to minimize the damage to the environment in case of an

accident.

13. The licensee shall be responsible for ensuring that every staff

member undergoes health checkup at least once in every year and

submit record of the same to Mannadipet Commune Panchayat at the

time of renewal of licence.

14. The staff deployed by the licensee shall be insured for accident

during the process of cleaning, transportation and disposal of FSS.

15. In case of violation of any of the provisions of these Bye-laws the

licence shall be liable to be cancelled, security of the licensee shall

be forfeited and he/she shall also be liable to pay penalty as

prescribed for violation of these Bye-laws.

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APPENDIX – 2

FORM - 2

Award of licence to collect, transport and dispose FSS

Licence for collection, transportation and disposal of Faecal Sludge

and Septage in Mannadipet Commune Panchayat

In accordance with all the terms and conditions of the Bye-laws/

Regulations, Puducherry Municipalities Act, 1973 rules, the special

licence conditions accompanying this licence and applicable rules and

laws of Government of Puducherry, the permission is hereby granted to:

1. Name(s) of the Applicant

: (Mr/Ms.)

2. Address of Head Office /

Regd. Office.

For the collection, transportation and disposal of faecal sludge and

septage from onsite containments in Mannadipet Commune Panchayat.

The licence is based on information provided in the FSS Collection,

Transportation and Disposal Licence Application Form. This licence is

effective for a period of one year from date of issue, set forth below.

3. Licence No.

4. Effective Date

5. Expiration Date

6. Vehicle Registration No.

The terms and conditions stipulated in the Appendix stands as a

part of this licence and the licensee shall strictly adhered to without any

loss. That may be suspended or revoked for Condition of

Non-Compliance and is not transferable. The original licence shall be

kept on file in the Licensee's Office. A copy of this licence shall be carried

in every registered vehicle used by the licensee.

Paste passport

size

photograph with

stamp of

Mannadipet

Commune

Panchayat

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7. Signatures

Commissioner/ Designated Officer

Emptier/Operator/Owner

————

APPENDIX – 3

List of Protective Gear and Safety Equipment

The following Protective Gear and Safety Equipment shall be

available at work site:

1. Safety body clothing predominantly made out of polyester, which is

reflective and offers chemical splash resistance.

2. Safety body harness/Safety belt.

3. Surgical Face Mask/Respirators which protects against dust, fumes,

mists, microorganisms.

4. Safety Torch

5. Heavy chemical resistant hand gloves, made out of butyl with added

advantage of mechanical protection and hazardous material spills.

6. Safety goggles with ability to withstand chemical splash to avoid

infectious substances from reaching the eyes.

7. Safety helmet (corded) fitted with a torch, helpful in dark working

conditions.

8. Reusable earplugs, preferably connected to a flexible band that can

be worn around the neck when not needed. These should be made

out of silicon and helpful around the vacuum tankers where average

sound levels exceed 85dBa.

9. Emergency Medical Oxygen Resuscitator Kit.

10. Gas Monitor

11. Head Lamp

12. Guide Pipe Set

13. Safety Tripod Set

14. Wader Boots

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15. Air Compressor and Blower

16. Modular Airlines Supply Trolley System

17. Raincoat

————

APPENDIX – 4

FORM - 3

Record of collection, transport and disposal of FSS

Form to Maintain Record of Collection, Transportation and Disposal

of Faecal Sludge and Septage in Mannadipet Commune Panchayat

Date :

Time :

I. Onsite System Owner Details.

1. Name

2. Address

3. Telephone

4. Nature of establishment

II. Containment:

1. Year of construction

2. Previous Desludging (dd-mm-yy) :

3. Outlet present

: (Yes/No)

4. If yes, connected to

5. Shape of containment

6. Lining (Yes/No)

: Walls

Bottom

7. No. of chambers

8. No. of openings in each baffle wall :

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9. Dimension (Feet) :

Length

Breadh:

Depth :

Diameter :

Depth :

10. GPS coordinates:

Latitude :

Longitude :

11. Location of the containment within :

the Property.

III. Desludging:

1. Volume of FSS (Cu.M)

2. Time in Desludging (hrs.)

3. Trip Length (Km.)

4. Time in commuting (hrs.)

IV. Details of Desludging service provider:

1. Name of the Operator

2. Vehicle Registration No.

3. Licence No.

V. Signatures

Emptier staff on duty

Emptier/Operator/Owner

OSS owner

VI. Decanting:

1. Time (hh:mm)

2. Volume of FSS (Cu.M.)

3. Name of the emptier staff

4. Name of the FSSTP operator

VII. Signatures:

Emptier staff on duty

Emptier/Operator/Owner FSSTP In-charge

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APPENDIX – 5

User Charges

Sl.

Description

Amount

Period

Bye-Law

No.

Clause

Licence charge for Desludging

` 1,000

Per annum

Consent to operator.

Desludging of Septic tanks

` 3,800

(One trip

per trip

8,000 litres)

Penalties and Fines

Sl.

Description

Bye-Laws

Indicative

Penalty

No.

(clause)

fines (in `) (in ` or any

other penal

action)

(1)

(2)

(3)

(4)

(5)

1.1 Letting out of sewage/sullage

500

on road sides were drains are

not constructed so far.

(Direct/Unsafe discharge of

waste water into drain/road/

open area).

1.2 Continuing breach 2nd instance

100/day

1.3 Continuing breach 3rd instance

Recommend

to SDM Court

for taking

action.

2.1 U n s c i e n t i f i c D e s i g n a n d

500

Construction of OSS.

2.2 Failure to bring it in conformity

2,000

with approved design within

30 days.

2.3 Continuing breach 3rd and

2,500

subsequent.

As per

MCP FSSM

Bye-laws

2022

As per

MCP FSSM

Bye-laws

2022

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(1)

(2)

(3)

(4)

(5)

3.1 Plying of vacuum tanker(s) without

1,000

Registration.

3.2 Continuing breach 2nd instance

5,000

3.3 Continuing breach 3rd instance

5,000

Seizure of

vehicle.

4.1 Plying of vacuum tanker(s)

1,000

without valid certification (s)

as recommended in the Traffic

Rules.

4.2 Continuing breach 2nd instance

5,000

4.3 Continuing breach 3rd instance

5,000

Seizure of

vehicle.

5.1 Non-compliance of attend

1,000

accidental spillage.

5.2 Continuing breach 2nd instance

2,000

5.3 Continuing breach 3rd instance

500

Seizure of

vehicle.

6.1 Discharging of faecal sludge

15, 16, 21

2,500

in unauthorized place. (other

than Public Works Department

Sewage Treatment Plant at

Karuvadikuppam).

6.2 Continuing breach 2nd instance

15, 16, 21

5,000

6.3 Continuing breach 3rd instance

15, 16, 21

Seizure

of Vehicle

7.1 Manual hazardous entry without

Penalty

safety gears (Fine imposed on

as per

Owner).

PEMSRA,

2013.

————

As per OM

SWM

Bye-laws

2022.

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APPENDIX – 6

FORM - 4

Memorandum of Appeal preferred before the Appellate Authority

Before the "Appellate Authority"

(................................................................................................... Designation)

1. Full name of the Appellant

2. Address of the Appellant

3. Particulars of the Municipal

Officer who issued order

appealed against.

Name

Designation

4. Date of receipt of the order :

appealed against.

5. Date for filing of the appeal

6. Particulars of information

(a) Subject matter of the appeal in brief (Attach copy of the order

appealed against).

VERIFICATION

I ................................. (name of the appellant), son/daughter/wife of

................................................ declare that the particulars furnished in the

appeal are to the best of my knowledge, belief and true and hereby

correct and that I have not suppressed any material facts.

Signature of the Appellant

Place :

Date :

List of documents submitted as enclosure:

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online publication at “https://styandptg.py.gov.in”

Published by the Director, Government Press, Puducherry.

ACKNOWLEDGMENT

No. : ................................

Date : ................................

Received Memorandum of Appeal along with enclosure from

.....................................................................................................................

Place :

Date :

Seal and signature of Authorized Officer

By Order of Mannadipet Commune Panchayat.

(Signature of Commissioner)

Mannadipet Commune Panchayat.

————