Registered No.
PY/44/2021-23
Registered with the Registrar of Newspapers for India under No. 10410 Amflºƒˆ \VWÈ ∂´E>µ
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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®ı Amflºƒˆ sBVw¬˛wÁ\ 2023 } ∏©´kˆ | 9 { No. 21 Poudouchéry Jeudi 9 Février 2023
No. Puducherry Thursday 9th February 2023
(20 Magha 1944 )
ARIYANKUPPAM COMMUNE PANCHAYAT, PUDUCHERRY
No. 50-62/2022-Rev./ACP/875.
Ariyankuppam, dated 6th February 2023.
NOTIFICATION
In exercise of the powers conferred under section 320 of the Pondicherry Village and Commune Panchayat Act, 1973 (No. 10 of 1973) the following Bye-laws, for collection, transportation and treatment of waste of on site sanitization systems (Faecal sludge, Septage and waste water) and for matters connected therewith and incidental or ancillary thereto is hereby published as "Faecal Sludge and Septage Management Bye-Laws 2022" and notice is hereby given that the said Bye-laws shall be taken into consideration after the expiry of 30 (thirty) days from the date of publication in the Official Gazette.
[ 149 ] 150 LA GAZETTE DE L'ETAT [PART–II
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, Ariyankuppam Commune Panchayat, Ariyankuppam, Puducherry-605 007.
V. RAMESH, Commissioner.
BYE-LAWS
ON FAECAL SLUDGE AND SEPTAGE MANAGEMENT – 2022
CHAPTER – I
1. Short title and commencement.— (i) These Bye-laws may be called "Ariyankuppam Commune Panchayat Bye-Law on Faecal Sludge and Septage Management-2022".
(ii) These Bye-laws shall come into force on the date of their publication in the Puducherry Official Gazette and shall be applicable within the administrative boundary of Ariyankuppam Commune Panchayat Jurisdiction.
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 being inspected and registered by authorized officials of Local Bodies in Puducherry District for desludging, transportation, and disposal of Faecal Sludge and Septage (FSS);
(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 Ariyankuppam Commune Panchayat authorized by Commissioner, Ariyankuppam Commune Panchayat to issue Licence or any other work assigned to him;
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PART–II] LA GAZETTE DE L'ETAT
(v) "Desludging" refers to the operation of removing FSS from OSS by a Licensed Operator or trained sanitary workers of Ariyankuppam 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 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 s y s t e m s . E x a m p l e s o f o n s i t e t e c h n o l o g i e s i n c l u d e p i t l a t r i n e s , non-sewered public ablution blocks, septic tanks, aqua privies, and dry toilets;
(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 co-treated 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 Ariyankuppam Commune Panchayat;
152 LA GAZETTE DE L'ETAT [PART–II
(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 Ariyankuppam 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 Ariyankuppam Commune Panchayat/ Public Works Department, Puducherry;
(xv) "Onsite Sanitation System (OSS)" is a sanitation technology/system in which excreta is 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);
(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.
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PART–II] LA GAZETTE DE L'ETAT
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" 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" 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 city headed by the Commissioner; the Members of the Committee may be co-opted by him from Government Departments, Public Undertakings, educators, among other eminent people of society;
(xxvi) "Trained Sanitary Workers of Ariyankuppam Commune Panchayat" mean, Ariyankuppam Commune Panchayat staff or contracted/hired workers engaged and trained by Ariyankuppam Commune Panchayat for the purpose of Desludging/Emptying and Transportation of FSS using Ariyankuppam 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;
154 LA GAZETTE DE L'ETAT [PART–II
(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 Ariyankuppam 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:
(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 Ariyankuppam Commune
Panchayat/Public Works Department, Puducherry, approved community or local area treatment facility;
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PART–II] LA GAZETTE DE L'ETAT
(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 Ariyankuppam 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 the Ariyankuppam 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 storm water 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 Ariyankuppam Commune Panchayat with adequate safety measures and no manual cleaning is taken up for the purpose.
(vi) Commissioner, Ariyankuppam Commune Panchayat or Officer Designated by Commissioner, Ariyankuppam Commune Panchayat has the right to inspect the premises for non-compliances. Ariyankuppam Commune Panchayat 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/her own cost within a frame of time.
156 LA GAZETTE DE L'ETAT [PART–II
(vii) Ariyankuppam 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 FAECAL SLUDGE SEPTAGE
5. Licence to be issued by the Ariyankuppam Commune Panchayat.— (i) Ariyankuppam Commune Panchayaty shall register the Vacuum Tanker(s) owned or hired by the vendor of the Nodal Agency or private operator(s) currently providing desludging services in Ariyankuppam Commune Panchayat. Licenses 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 Ariyankuppam Commune Panchayat limit. This training shall be carried out within 1 (one) month from the date of registration.
(iii) Once the operator thinks that he/she complies successfully with the criteria of licensing, he/she shall apply in Form-1 (as per appendix) of these Bye-laws. This shall not exceed 2 (two) months post completion of training.
(iv) After satisfying the criteria's by the applicant's Ariyankuppam 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.
(vi) Ariyankuppam Commune Panchayat shall inspect the registered the Vacuum Tanker(s) owned or hired by the applicant. Ariyankuppam Commune Panchayat shall inspect the vehicle for its satisfaction. Ariyankuppam Commune Panchayat has the right to reject 157
PART–II] LA GAZETTE DE L'ETAT
or revoke the registration of vehicles which Ariyankuppam 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 means, 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 Ariyankuppam Commune Panchayat Jurisdication.
(iv) The applicant shall register her/his Vacuum Tanker(s) with
Ariyankuppam Commune Panchayat.
(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 Ariyankuppam Commune Panchayat or agency hired by Ariyankuppam Commune Panchayat.
(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 Ariyankuppam Commune Panchayat.
(ix) Ariyankuppam 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.
158 LA GAZETTE DE L'ETAT [PART–II
(x) Ariyankuppam 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 Ariyankuppam 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.— The Ariyankuppam 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 Ariyankuppam Commune Panchayat 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
FAECAL SLUDGE SEPTAGE
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 Ariyankuppam 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 & 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.
(ii) As and when Ariyankuppam 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 Ariyankuppam Commune Panchayat from time to time.
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PART–II] LA GAZETTE DE L'ETAT
(iii) Licensed Operator shall not charge any amount from the owner/occupier of the property in excess to the amount notified by Ariyankuppam 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.— The FSS shall be desludged and transported only by Licensed Operator(s) or Trained Sanitary Staff of Ariyankuppam 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 Ariyankuppam Commune Panchayat from time to time) for safe & efficient transportation of FSS.
(iv) A copy of Licence issued to the Operator and Ariyankuppam Commune Panchayat Registration of the Vehicle 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 Ariyankuppam Commune Panchayat for tracking of such vehicles.
(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 an 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.
160 LA GAZETTE DE L'ETAT [PART–II
(ii) The Licensed Operator shall be responsible for taking all the safety measures including provision of handheld 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 there under, including these Bye-laws.
12. Disposal of FSS.— (i) The Licensed Operator shall dispose FSS
only at the notified by the Ariyankuppam 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 the Ariyankuppam
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, under goes health checkup at least twice a
year and submit record of the same to Ariyankuppam 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 REHABILITATION Act, 2013 & APEX Court's order, dated
27-03-2014 in Writ Petition No. 583 of 2003 (Safai Karamchari Andolan
and Ors. V/s. Union of India & Ors.) 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 Ariyankuppam Commune Panchayat will conduct
orientation programs to facilitate and handhold the beneficiaries.
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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 FAECAL SLUDGE
SEPTAGE WASTEWATER
15. Identification of treatment/disposal site(s).— The Ariyankuppam Commune Panchayat/Public Works Department will identify and notify the location(s) where the FSSW shall be treated/ disposed by the Licensed Operator or Trained Sanitary Staff of Ariyankuppam Commune Panchayat.
16. Creation of infrastructure to receive the FSSW.— The Ariyankuppam Commune Panchayat/Public Works Department 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 Ariyankuppam Commune Panchayat/Public Works Department shall deploy sufficient staff at each notified location(s), to receive the FSS and transfer it to the respective treatment facility.
18. Timing to receive the FSS.— The FSS shall be received by the staff deployed by the Ariyankuppam Commune Panchayat/Public Works Department at each notified location(s) during the hours as notified by Ariyankuppam 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 Ariyankuppam Commune Panchayat/Public Works Department at the notified location(s) shall be trained for receiving and treatment/disposal of FSS.
162 LA GAZETTE DE L'ETAT [PART–II
21. Reuse of treated FSSW.— (i) Ariyankuppam Commune
Panchayat/Public Works Department 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) Ariyankuppam Commune Panchayat/Public Works
Department 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 Ariyankuppam 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 Ariyankuppam Commune
Panchayat duly authorized by the Commissioner.
(ii) Ariyankuppam 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, Ariyankuppam 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.
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PART–II] LA GAZETTE DE L'ETAT
(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 Ariyankuppam 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; (c) resorts to manual desludging of any OSS/ sewer.
(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.
2 4 . A p p e a l . — A n y p e r s o n a g g r i e v e d b y t h e d e c i s i o n o f an authorized official of Ariyankuppam 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 Ariyankuppam Commune Panchayat 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.
164 LA GAZETTE DE L'ETAT [PART–II
APPENDIX – 1
FORM - 1
Application Form for licence to Collect, Transport and dispose
Faecal Sludge Septage
Application Form for Licence or Collection, Transportation
and disposal of Faecal Sludge and Septage in
Ariyankuppam Commune Panchayat
1. Name(s) of the Applicant : (Mr/Ms.)
P a s t e passport size p h o t o g r a p h
2. Nationality : (Indian/Other)
3. Address of correspondence :
4. Address of Head Office / :
Regd. Office.
5. Telephone Numbers : Office :
Mobile :
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) 165
PART–II] LA GAZETTE DE L'ETAT
10. Pollution Certificate of the vehicle(s) valid up to:
(i)
(ii)
(iii)
(iv)
11. Vehicle (s), whether fitted with :
GPS tracker Yes / No
12. Details of payment of processing fee for licence:
Demand Draft No. :
Date :
Bank :
13. List of attached documents (self-attested copy) (tick ):
Identity proof :
Registration Certificate(s) :
Pollution Certificate(s) :
Address proof :
Fitness Certificate(s) :
Driving Licence :
Certificate(s) of Insurance and : Policy Schedule.
Passport size photographs :
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(s)
Date :
166 LA GAZETTE DE L'ETAT [PART–II
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 Ariyankuppam 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 Ariyankuppam 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 Ariyankuppam 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.
6. Each vehicle used for transportation of FSS shall be fitted with GPS device and access rights of the same shall be given to Ariyankuppam Commune Panchayat and the agency notified by Ariyankuppam 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.
167
PART–II] LA GAZETTE DE L'ETAT
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 Ariyankuppam 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 license 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.
————
APPENDIX – 2
FORM - 2
Award of licence to collect, transport and dispose of Faecal Sludge Septage
Licence for Collection, Transportation and Disposal of Faecal Sludge
and Septage in Ariyankuppam Commune Panchayat
P a s t e passport size p h o t o g r a p h with stamp of Ariyankuppam Commune P a n c h a y a t
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 / :
Registered Office.
168 LA GAZETTE DE L'ETAT [PART–II
For the collection, transportation and disposal of faecal sludge and septage from onsite containments in Ariyankuppam 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. The 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.
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 169
PART–II] LA GAZETTE DE L'ETAT
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
15. Air Compressor and Blower
16. Modular Airlines Supply Trolley System
17. Raincoat
————
APPENDIX – 4
FORM - 3
Record of collection, transport and disposal of Faecal Sludge Septage
Form to Maintain Record of Collection, Transportation and Disposal
of Faecal Sludge and Septage in Ariyankuppam Commune Panchayat
Date :
Time :
I. Onsite System Owner Details
1. Name
:
2. Address
:
170 LA GAZETTE DE L'ETAT [PART–II
3. Telephone No.
:
4. Nature of establishment :
II. Containment
1. Year of construction :
2. Previous desludging (dd/mm/yyyy) :
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 :
9. Dimension (Feet) :
Length : Breath: 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.) :
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PART–II] LA GAZETTE DE L'ETAT
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
————
APPENDIX – 5
User Charges
Sl. Description Amount Period Bye-law
No.
Clause
(1) (2) (3) (4) (5)
1. Licence charge for Desludging ` 1,000 Per Annum
As per ACP-
Consent to operator.
FSSM Bye-
2. Desludging of Septic tanks ` 3,800 (One Trip laws -2022.
per Trip 8,000 liters) 172 LA GAZETTE DE L'ETAT [PART–II
APPENDIX – 5
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/ 3 500
sullage on road sides were drains are not constructed so far.
As per ACP- FSSM Bye- Laws - 2022.
Direct/Unsafe discharge of waste water into drain/road/ open area.
1.2 Continuing breach 2nd instance 3 100/day
1.3 Continuing breach 3rd and 3 Recommend
subsequent.
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 4 500
Construction of OSS.
2.2 Failure to bring it in conformity 4 2,000
w i t h a p p r o v e d d e s i g n w i t h i n 30 days.
2.3 C o n t i n u i n g b r e a c h 3 r d a n d 4 2,500
subsequent.
3.1 Plying of vacuum tanker(s) without 5 1,000
Registration.
3.2 Continuing breach 2nd instance 5 5,000
3.3 Continuing breach 3rd instance 5 5,000 Seizure of
vehicle.
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PART–II] LA GAZETTE DE L'ETAT
(1) (2) (3) (4) (5)
4.1 P l y i n g o f Va c u u m t a n k e r ( s ) 6 1,000
without valid certification (s)
as recommended in the Traffic
Rules.
4.2 Continuing breach 2nd instance 6 5,000
4.3 Continuing breach 3rd instance 6 5,000 Seizure of
vehicle.
5.1 N o n - c o m p l i a n c e o f a t t e n d 11 1,000
accidental spillage.
5.2 Continuing breach 2nd instance 11 2,000
5.3 Continuing breach 3rd instance 11 500 Seizure of
vehicle.
6.1 Discharge of faecal sludge in 15, 16, 21 2,500
unauthorized place (other than
Public Works Department,
S e w a g e T r e a t m e n t P l a n a t
As per ACP- FSSM Bye- Laws - 2022.
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 11 Penalty
safety gears (Fine imposed on as per
owner).
PEMSRA,
2013.
————
174 LA GAZETTE DE L'ETAT [PART–II
APPENDIX – 6
FORM - 4
Memorandum of Appeal preferred before the Appellate Authority
(................................................................................................... Designation)
1. Full name of the Appellant :
2. Address of the Appellant :
3. Particulars of the Municipal O f f i c e r w h o i s s u e d o r d e r 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 hereby that the particulars furnished in the appeal are to the best of my knowledge and belief, true and hereby correct, and that I have not suppressed any material fact.
Signature of the Appellant
Place :
Date :
List of documents submitted as enclosure:
1.
2.
175
PART–II] LA GAZETTE DE L'ETAT
ACKNOWLEDGMENT
No. : ................................ Date : ................................
Received Memorandum of Appeal along with enclosure from
.....................................................................................................................
Place :
Date :
Seal and signature of Authorized Officer
By order of Ariyankuppam Commune
Panchayat.
(Signature of Commissioner)
Ariyankuppam Commune Panchayat.
————
online publication at "https://styandptg.py.gov.in" Published by the Director, Government Press, Puducherry.