[ 149 ]

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.

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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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(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

systems. Examples of onsite technologies include pit latrines,

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;

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(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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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;

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(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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(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.

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(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

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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.

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(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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(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.

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(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

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.

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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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(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.

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

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.

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[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.)

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)

Paste

passport

size

photograph

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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 :

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[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.

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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

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.

Paste

passport size

photograph

with

stamp of

Ariyankuppam

Commune

Panchayat

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[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:

Safety body clothing predominantly made out of polyester, which

is reflective and offers chemical splash resistance.

Safety body harness/Safety belt.

Surgical Face Mask/respirators which protects against dust,

fumes, mists, microorganisms.

Safety Torch

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Heavy chemical resistant Hand Gloves, made out of Butyl with

added advantage of mechanical protection and hazardous material

spills.

Safety Goggles with ability to withstand chemical splash to avoid

infectious substances from reaching the eyes.

Safety Helmet (corded) fitted with a torch helpful in dark working

conditions.

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.

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

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[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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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)

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[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/

500

sullage on road sides were

drains are not constructed

so far.

As per ACP-

Direct/Unsafe discharge of

FSSM Bye-

waste water into drain/road/

Laws - 2022.

open area.

1.2 Continuing breach 2nd instance

100/day

1.3 Continuing breach 3rd and

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

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.

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.

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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 Discharge of faecal sludge in

15, 16, 21

2,500

unauthorized place (other than

Public

Works

Department,

Sewage Treatment Plan 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.

————

(1)

(2)

(3)

(4)

(5)

As per ACP-

FSSM Bye-

Laws - 2022.

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[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

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 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.

Place :

Signature of the Appellant

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 Ariyankuppam Commune

Panchayat.

(Signature of Commissioner)

Ariyankuppam Commune Panchayat.

————