[ 181 ]
GOVERNMENT OF PUDUCHERRY
VILLIANUR COMMUNE PANCHAYAT, PUDUCHERRY
F.No. 20-1/Rev/VCP/2022-23.
Villianur, dated 24th January 2023.
NOTIFICATION
SOLID WASTE MANAGEMENT (SWM) DRAFT BYE-LAWS
In exercise of the powers conferred under sections 3, 6 and 25 of the
Environment [Protection Act, 1986 (29 of 1986)], the Central Government
have enacted the Solid Waste Management Rules, 2016 to regulate the
Management of Solid Waste. The Solid Waste Management Rules, 2016
shall apply to every Commune Panchayat Authority which shall within its
territorial area be responsible for the implementation of the provisions
of the said rules and for any infrastructure development for collection,
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2023
(2 Phalguna 1944 )
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storage, segregation, transportation, processing and disposal of
Commune Panchayat solid wastes. Further, it shall be the responsibility
of the generator of wastes to cooperate with the Commune Panchayat
Authority concerned to avoid littering and ensure delivery of segregated
wastes in accordance with the collection and segregation system as
notified in the Solid Waste Management Rules, 2016.
2. In exercise of the powers conferred by section 443 of the
Puducherry Village and Commune Panchayats Act, 1973 (No. 9 of 1973),
read with rule 15(e), (f) and (zf) of the aforesaid Solid Waste Management
Rules, 2016, Villianur Commune Panchayat has drafted this Villianur
Commune Panchayat Solid Waste Management Draft Bye-laws, 2023 for
information of all persons likely to be affected thereby and notice is
hereby issued that the said Bye-laws shall be taken into consideration
after the expiry of 30 (thirty) days from the date of its publication.
3. 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, Villianur Commune Panchayat, Puducherry-Villupuram
Main Road, Villianur, Puducherry-605 110. e-mail to [email protected].
D. ARUMUGAM,
Commissioner.
————
DRAFT BYE-LAWS OF
SOLID WASTE MANAGEMENT
CHAPTER I
GENERAL
1. Short title, extent and commencement.— These Bye-laws may
be called as the Villianur Commune Panchayat Solid Waste Management
(VCP-SWM) Bye-laws, 2023.
2. Extent of application.— (1) These Bye-laws shall be applicable
within the jurisdiction of Villianur Commune Panchayat.
(2) These Bye-laws shall be read along with–
(a) the Bye-laws "Levy of Collection Charges for Removal of
Solid Waste from Residential and Non-Residential Premises 2017"
published in the Official Gazette of Puducherry vide Extraordinary
Gazette Part-II, No. 65, dated 19-11-2018 (framed by Villianur
Commune Panchayat) and amendment to the said Bye-law
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published in the Official Gazette of Puducherry vide Extraordinary
Gazette, Part-II, No. 15, dated 08-03-2019, framed by Villianur
Commune Panchayat and Local Administration Order No. 1516/
LAD/PPS(1)/2016, dated 07-02-2020 and amendment succeeding
these Bye-laws from time to time by this Commune Panchayat.
(b) Plastic Ban Order: The "Bye-laws For Plastic Waste
Management (Amendment), 2021, published in the Extraordinary
Gazette, Part-II, No. 58, dated 15-10-2019, framed by Villianur
Commune Panchayat and amendment succeeding these Bye-laws
from time to time by this Commune Panchayat.
(c) Construction and Demolition Waste: The notification
published Official Gazette on 23rd April, 2019 for collection and
transportation of construction and demolition waste by Villianur
Commune Panchayat and amendment succeeding these Bye-laws
from time to time by this Commune Panchayat.
3. Definitions.—(1) In these Bye-laws and the Schedule attached
thereto, the words and expressions used but, not defined shall have the
meanings respectively assigned to them, unless the context otherwise
requires,
3.1 "Agency or Service Provider'' means, any Person/any
Company, Registered Society, Trust, Partnership, Limited Liability
Partnership and/or any other registered entity including registered
organization of Waste Pickers and/or Waste Traders which has been
appointed or authorised by Villianur Commune Panchayat to Act on its
behalf including an Empaneled Vendor, for discharge of duties or
functions under the Solid Waste Management Rules, 2016 and this
Bye-laws 2021, in a manner that is in compliance with all applicable
regulations including Labour Laws;
3.2 "Aerobic composting" means, a controlled process involving
microbiological decomposition of organic matter in the presence of
oxygen;
3.3 "Anaerobic digestion" means, a controlled process involving
microbial decomposition of organic matter in the absence of oxygen.
3.4 "Authorization" means, the permission given by the
Puducherry Pollution Control Committee (PPCC), to the operator of a
facility or Urban Local Authority, or any other agency responsible for
processing and disposal of solid waste.
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3.5 "Biodegradable waste" mean, any organic material that can
be degraded by micro-organisms into simpler stable compounds;
3.6 "Bio-methanation" means, a process which entails enzymatic
decomposition of the organic matter by microbial action to produce
methane rich biogas;
3.7 "Ward" means, one among the notified divisions of Villianur
Commune Panchayat jurisdiction containing households, shops and
commercial establishments, streets and roads connecting these
households and establishments, which may however be adjusted by
Villianur Commune Panchayat based on per capita generation of Solid
Waste and other local conditions, to plan for and execute effective waste
collection, transportation and processing.
3.8 "Bio-medical Waste" mean, any waste, which is generated–
(i) during the diagnosis, treatment or immunization of human
beings or animals or in research activities pertaining thereto; or
(ii) in the production or testing of preparation(s) made from
organisms or micro- organisms or product of metabolism and
biochemical reactions intended for use in the diagnosis,
immunization or the treatment of human beings or animals or in
research activities pertaining thereto; or
(iii) in health camps; an illustrative list as specified in Part D of
Schedule I.
3.9 "Brand owner" mean, a person or company who sells any
commodity under a registered brand label.
3.10 "Bulk waste generator" mean, and includes buildings
occupied by the Central Government Departments or undertakings, State
Government Departments or Undertakings, Local Bodies, Public Sector
Undertakings or private companies, hospitals, nursing homes, schools,
colleges, universities, other educational institutions, hostels, hotels,
commercial establishments, markets, places of worship, residential
appartments/gated communities/group housing having more than
25 dwelling units, stadia and sports complexes, with an average waste
generation rate exceeding 50 kg. per day or area exceeding 5,000 sqm.
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However, Villianur Commune Panchayat reserves the right to modify the
threshold of waste generation for being declared as bulk waste generator
at any later point of time and also the manner of collection of bulk waste,
as notified through an official order;
3.11 "Bulk Garden and Horticultural Waste" mean, bulk waste
from parks, gardens, traffic islands, road medians and similar places
including grass and wood clippings, weeds, woody 'brown' carbon-rich
material such as pruning, branches, twigs, wood chipping, straw or dead
leaves and tree trimmings, which cannot be accommodated in the daily
collection system for Bio-degradable Waste;
3.12 "Bulky Waste" shall consist of Solid Waste generated
by commercial and residential Premises which, by virtue of its mass,
shape, size or quantity is, in the opinion of Villianur Commune
Panchayat and/or for collection of waste, inconvenient to be
accommodated in the daily Door to Door Collection system provided by
Villianur Commune Panchayat. For example, old mattress, old furniture or
other bulky waste. An illustrative list as specified in Part E of Schedule-I;
3.13 "Bye-laws" means, the regulatory framework notified by
local body, for facilitating the implementation of these rules effectively
in their jurisdiction.
3.14 "C and D Rules" mean, the Construction and Demolition
Waste Management Rules, 2016, including notifications, orders and
directions issued by Villianur Commune Panchayat and/or appropriate
Governmental Authority pursuant to these rules;
3.15 "Construction and Demolition Waste" shall have the same
meaning as assigned under clause (c) of sub-rule (1) of rule 3 of
Construction and Demolition Waste Management Rules, 2016;
3.16 "CPCB" means, the Central Pollution Control Board;
3.17 "Clean Area" mean, the public place in front and all around
or adjacent to any premises extending to the kerb side and including the
drain, foot path and kerb.
3.18 "Cleanliness Fee" mean, an amount to be collected from the
Event managers/Organizers for cleaning the event site by the Agency.
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3.19 "Combustible
waste"
mean,
non-biodegradable,
non-recyclable, non-reusable, non-hazardous solid waste having
minimum calorific value exceeding 1,500 kcal./kg. and excluding
chlorinated materials like plastic, wood pulp, etc.;
3.20 "Community waste storage bin" mean, any storage facility
set up and maintained by the Commune Panchayat/Agency/Service
Providers collectively by owners and or/occupiers of one or more
premises for storage of Solid Waste in a segregated manner in the
roadside/premises of any one of such owners/occupiers or in their
common premises;
3.21 "Composting" means, a controlled process involving
microbial decomposition of organic matter;
3.22 "Coprocessing" means, use of non-biodegradable and non-
recyclable solid waste having calorific value exceeding 1,500 kcal./kg as
raw material or as a source of energy or both to replace or supplement
the natural mineral resources and fossil fuels in industrial processes;
3.23 "Decentralized processing" mean, establishment of
dispersed local facilities for maximizing the processing of biodegradable
waste and recovery of recyclables closest to the source of generation
so as to minimize transportation of waste for processing or disposal;
3.24 "Disposal" means, the final and safe disposal of post
processed residual solid waste and inert street sweepings and silt from
surface drains on land to prevent contamination of ground water, surface
water, ambient air and attraction of animals or birds;
3.25 "Domestic hazardous waste" means, that waste generated
at the household level which includes discarded paint drums, pesticide
cans, CFL bulbs, tube lights, expired medicines, broken mercury
thermometers, used batteries, used needles and syringes and
contaminated gauze, etc.;
3.26 "Door to door collection" means, collection of solid waste
from the door step of households, shops, commercial establishments,
offices, institutional or any other non-residential premises, excluding
collection of such waste from bulk generators;
3.27 "Dry waste" means, waste other than bio-degradable
waste and inert street sweepings and includes recyclable and
non-recyclable waste, combustible waste, etc.;
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3.28 "Dry Waste Collection Centre" (DWCC) mean, a
decentralized waste management facility to aggregate, store, sort and
handle non-Biodegradable Waste that is operated by Villianur Commune
Panchayat
and/or
the Agency/Service
Provider/Waste
picker
organizations/Self Help Groups etc.;
3.29 "Dump sites" mean, a land utilized by Local Body for
disposal of solid waste without following the principles of sanitary land
filling;
3.30 "Event" means, any gatherings for the purpose of
functions, celebrations, meetings, rallies, processions, open air theatre
activities, cinema shootings, etc., in public places;
3.31 "Extended
Producer
Responsibility"
(EPR)
mean,
responsibility of any producer of packaging products such as plastic,
tin, glass and corrugated boxes, etc., for environmentally sound
management, till end-of-life of the packaging products; and EPR as
defined in rule 3(h) of Plastic Waste Management Rules, 2016 and Rule
3(1) (t) E-Waste Management Rules, 2016.
3.32 "E-waste" shall have the same meaning as assigned under
clause (r) of sub- rule(1) of rule (3) of the E-Waste Management
Rules, 2016;
3.33 "Empanelled Vendor" mean, any company, registered
Society, Trust, partnership, limited liability partnership and/or registered
entity including registered organization of Waste Pickers and/or Waste
Traders empanelled with Villianur Commune Panchayat for providing
services relating to Solid Waste management after Villianur Commune
Panchayat carries out a due diligence exercise to verify if, such persons/
entities have the necessary infrastructure including approved
destinations for processing of Solid Waste, to carry out the duties or
functions under the Solid Waste Management Rules and these Bye-laws;
3.34 "Facility" means, any establishment wherein, the solid
waste management processes namely, segregation, recovery, storage,
collection, recycling, processing, treatment or safe disposal of solid
waste are carried out;
3.35 "Familiarization/Warning period" mean, that specific period,
during which there is a relaxation in the fines for contravention of these
Bye-laws;
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3.36 "Fine" means, penalty imposed on waste generators or
operators of waste processing and disposal facilities under the Bye-laws
for non-compliance of the directions contained in these rules and/or
Bye-laws and be recoverable pursuant to the provisions of section 175
to 192 of the Puducherry Village and Commune Panchayats Act, 1973.
3.37 "Handling" includes all activities relating to sorting,
segregation, material recovery, collection, secondary storage, shredding,
baling, crushing, loading, unloading, transportation, processing and
disposal of solid wastes;
3.38 "Hazardous waste" mean, any waste which by reason of
any of its physical, chemical, reactive, toxic, causing danger or is likely
to cause danger to health or environment, whether alone or when in
contact with other wastes or substances and shall include wastes
specifically listed in Part C of Schedule-I, of these Bye-laws and all other
hazardous wastes as defined in the Hazardous Wastes (Management and
Handling) Rules, 1989 as amended to date and the Hazardous and Other
Waste (Management and Transboundary Movement) Rules, 2016.
3.39 "Incineration" means, an engineered process involving
burning or combustion of solid waste to thermally degrade waste
materials at high temperatures;
3.40 "Inerts Waste" mean, wastes which are not bio-degradable,
recyclable or combustible such as street sweeping waste or dust and silt
removed from the surface drains or process rejects from processing of
waste;
3.41 "Informal waste collector" include individuals, associations
or waste traders who are involved in sorting, sale and purchase of
recyclable materials;
3.42 "PPCC" means, the Puducherry Pollution Control Committee.
3.43 "Leachate" means, the liquid that seeps through solid
waste or other medium and has extracts of dissolved or suspended
material from it;
3.44 "Litter" means, all refuse and includes any other waste
material which, if, thrown or deposited as prohibited under these
Bye-laws, tends to create uncleanliness or a danger or nuisance to public
health, safety or welfare.
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3.45 "Littering" means, putting/throwing litter in such a
location that it falls, descends, blows, is washed, percolates or otherwise
escapes or is likely to fall, descend, blow, be washed, percolate or
otherwise escape into or onto any public place, or causing, permitting
or allowing litter to fall, descend, blow, washed, percolate or otherwise
escape into or onto any public place.
3.46 "Market Associations" mean, a group or association of
shop owners or shopkeepers, traders, businessmen, dealers, merchants,
brokers or other Agency or Service Providers of a particular
neighborhood, market or locality that may or may not be registered with
the Registrar of Co-operative Societies and, or any other Authority;
3.47 "Materials Recovery Facility" (MRF) means, a facility
where non-compostable solid waste can be temporarily stored by the
Villianur Commune Panchayat or any other entity mentioned in rule 2 of
Solid Waste Management Rules, 2016 or any person or agency
authorised by any of them to facilitate segregation, sorting and recovery
of recyclables from various components of waste by authorised informal
sector of waste pickers, informal recyclers or any other work force
engaged by the Local Body or entity mentioned in rule 2 of Solid Waste
Management Rules, 2016 for the purpose before the waste is delivered or
taken up for its processing or final disposal;
3.48 "Neighborhood" means, a clearly defined locality, with
reference to its physical layout, character or inhabitants;
3.49 "New construction" mean, all buildings under construction
within the limits of the Villianur Commune Panchayat;
3.50 "Non-biodegradable waste" mean, any waste that cannot
be degraded by microorganisms into simpler stable compounds;
3.51 "Nuisance" includes any act, omission, place or thing
which comes or is likely to cause injury, danger, annoyance or offence
to the sense of sight, smelling or hearing or which is or may be
dangerous to life or injurious to health or property.
3.52 "Nuisance Detectors" (NDs) mean, those employees of
the Villianur Commune Panchayat who are appointed by the
Commissioner to detect, the acts of public nuisance, etc., or those
technological interventions which also detect, acts of Public Nuisance.
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3.53 "Occupier" means, and includes, any Person who is paying
or is liable to pay–
(i) to the owner the rent on enjoying the premises at free of cost
or any part thereof for the land, building(s), room(s) and/or similar
premises for occupation or use;
(ii) an owner in occupation of, or otherwise using his land,
building(s), room(s) and/or similar premises;
(iii) a rent-free tenant of any land, building(s), room(s) and/or
similar premises;
(iv) a licensee in occupation of any land, building(s), room(s)
and/or similar premises;
(v) any person who is liable to pay to the owner damages for
the use and occupation of any land, building, room(s) and/or
similar premises; and
(vi) relevant Head of a Government Department or Office, in
respect of properties under their respective control;
3.54 "Operator of a facility" mean, a person or entity, who owns
or operates a facility for handling solid waste which includes the Villianur
Commune Panchayat and any other entity or agency appointed by the
Villianur Commune Panchayat;
3.55 "Owner" means, any person who exercises the rights of an
owner of any building, or land or part thereof;
3.56 "Point to Point Collection" mean, the system of collection
of Solid Waste from specific pick-up points as designated by Villianur
Commune Panchayat, up to which the Waste Generator must bring the
collected and segregated Solid Waste for storage at collection points/
waste depots/waste receiving kiosks or designated locations for onward
delivery in vehicles so provided by Villianur Commune Panchayat and/
or the Agency/Service Provider;
3.57 "Primary collection" mean, collecting, lifting and removal of
segregated solid waste from source of its generation including
households, shops, offices and any other non-residential premises or
from any collection points or any other location specified by the Villianur
Commune Panchayat;
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3.58 "Processing" means, any scientific process by which
segregated solid waste is handled for the purpose of reuse, recycling or
transformation into new products;
3.59 "Processing Fee" means, a fee or support price as
determined by Villianur Commune Panchayat to be paid to the owner/
concessionaire or operator of waste processing facility or for disposal
of residual solid waste at the landfill being used, wherever felt necessary;
3.60 "Public place" include any road, arch road, viaduct,
lane, footway, alley or passage, highway, causeway, bridge, square alley
or passage whether a thoroughfare or not over which the public have a
right of passage, and such places to which the public has access such
as parks, gardens, recreation grounds, playgrounds, beaches, water
Bodies, water courses, public plazas and promenades, Government and
Commune Panchayat buildings, public hospitals, markets, slaughter houses,
Courts, etc.;
3.61 "Public Nuisance" means, any act, omission, offence or
wrong-doing in any public place which causes or is likely to cause
injury, danger, annoyance or offense to the sense of sight, smell,
hearing or disturbance to movement, work or rest, or which is or may be
dangerous to life or injurious to health or property;
3.62 "Premises" means, any land, building or part of a
building and includes any gardens and grounds appertaining to a
building or part thereof and structures constructed on the land, used
for purposes of residence, trade, industry, service, business, Government
or any other public or private purpose including weddings, banquets,
meetings, exhibitions, organized events, etc., It also includes any
portion of a public road that is permitted by Villianur Commune
Panchayat to be used for the time being for parking of vehicles, street
vending, storage of materials at a work site or for any public or private
purpose whatsoever other than the movement of vehicles;
3.63 "Receptacle" means, any storage container, including bins
and bags, used for the storage of any category of solid waste;
3.64 "Recycling" means, the process of transforming segregated
non-biodegradable solid waste into new material or product or as raw
material for producing new products which may or may not be similar to
the original products;
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3.65 "Recyclable Waste" mean, the waste that is commonly
found in the solid waste and is also collectively and commonly called as
"Dry Waste". These include many kinds of glass, paper, metal, plastic,
textiles, electronics goods, etc.
3.66 "Refuse" means, any waste matter generated out of
different activities, processes either Bio-degradable/Non-biodegradable/
Recyclable in nature in either solid or semi-solid form which cannot be
consumed, used or processed by the generator in its existing form.
3.67 "Refuse Derived Fuel" (RDF) mean, fuel derived from
combustible fraction of solid waste like plastic, wood, pulp or organic
waste, other than chlorinated materials, in the form of pellets or fluff
produced by drying, shredding, dehydrating and compacting of solid
waste;
3.68 "Rendering" means, the slaughter of animals and fowl,
processing of the carcasses into cured, canned, and other meat products,
and the rendering of inedible and discarded remains into useful
by-products such as lards and oils.
3.69 "Residual Inert Waste" mean, and includes the waste and
rejects from the solid waste processing facilities which are not suitable
for recycling or further processing;
3.70 "Rules" means, Solid Waste Management Rules, 2016,
Plastic Waste Management Rules, 2016, Biomedical Waste Management
Rules , 2016, The E-Waste Management Rules, 2016, The Hazardous and
other Waste (Management and Transboundary Movement) Rules, 2016.
3.71 "Resident Welfare Associations" mean, a group or
association of owners or occupiers of residential premises of a particular
neighborhood or locality lying within the jurisdiction of Villianur
Commune Panchayat, that may or may not be registered with the Registrar
of Co-operative Societies (or) any other Authority, and which involves
itself in civic issues pertaining to Villianur Commune Panchayat;
3.72 "Sanitary Landfill" mean, the facility for final and safe
disposal of residual inert waste on land designed with protective
measures against pollution of groundwater, surface water and fugitive
air dust, wind-blown litter, bad odour, fire hazard, animal menace, bird
menace, pests or rodents, greenhouse gas emissions, persistent organic
pollutants, slope instability and erosion;
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3.73 "Sanitary Waste" mean, wastes comprising of used diapers,
sanitary towels or napkins, menstrual cloth and cups, incontinence
sheets, tampons, condoms, ear buds, toilet paper, band aid, syringes
from households and any other similar waste;
3.74 "Street Sweeping'' mean, the sweeping and collection of
Solid Waste from public streets, parks and other public areas and
cleaning of surface drains/trenches abutting Public Streets and related
activities;
3.75 "Secondary Storage" mean, the temporary containment of
solid waste after primary collection at secondary waste storage points
or Material Recovery Facilities (MRFs) or bins for onward transportation
of the waste to the processing or disposal facility;
3.76 "Segregation" means, sorting and separate storage of
various components of solid waste namely bio-degradable wastes
including agriculture and dairy waste, non-biodegradable wastes
including recyclable waste, non-recyclable combustible waste and non-
recyclable inert waste, sanitary waste including domestic hazardous
wastes, and construction and demolition (C&D) wastes;
3.77 "Solid Waste" mean, and includes solid or semi-solid
domestic waste, sanitary waste, commercial waste, institutional waste,
catering and market waste and other non-residential wastes, street
sweepings, silt removed or collected from the surface drains, horticulture
waste, agriculture and dairy waste, treated bio-medical waste, Hazardous
waste, excluding industrial waste, bio-medical waste and e-waste, battery
waste, radio-active waste generated in the area under the local
authorities and other entities mentioned in rule 2 Solid Waste
Management Rules, 2016;
3.78 "Sorting" means, separating various components and
categories of recyclables such as paper, plastic, cardboards, metal, glass,
etc., from mixed solid waste as may be appropriate to facilitate recycling;
3.79 "Source" means, the premises in which the waste is
generated or a community storage centre used by owners/occupiers of
one or more premises for segregated storage of Solid Waste;
3.80 "Stabilising" means, the biological decomposition of
biodegradable wastes to a stable state where it generates no leachate or
offensive odours and is fit for application to farm land, soil erosion
control and soil remediation;
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3.81 "Stabilised biodegradable waste" mean, the biologically
stabilized (free of pathogens) waste resulting from the mechanical/
biological treatment of biodegradable waste; and only when Stabilised
can such waste be used with no further restrictions;
3.82 "Street vendor" mean, any person engaged in vending of
articles, goods, wares, food items or merchandise of everyday use or
offering services to the general public, in a street, lane, side walk,
footpath, pavement, public park or any other public place or private
area, from a temporary built up structure or by moving from place to
place and includes hawker, peddler, squatter and all other synonymous
terms which may be local or region specific; and the words "street
vending'' with their grammatical variations and cognate expressions,
shall be construed accordingly;
3.83 "Transportation" means, conveyance of solid waste, either
treated, partly treated or untreated from one location to another in an
environmentally sound manner through specially designed and covered
transport system so as to prevent the foul odour, littering on ground and
unsightly conditions;
3.84 "Transfer station" mean, a facility created to receive solid
waste from primary collection and transport in bulk in covered vehicles
or containers to waste processing and/or disposal facilities with the
transfer of waste and its transport being undertaken as per the
prescribed Standard Operating Procedure following the principle of
No Garbage on Ground (NGoG) and zero spillage of garbage/waste during
transfer or transport;
3.85 "Treatment" means, the method, technique or process
designed to modify physical, chemical or biological characteristics or
composition of any waste so as to reduce its volume and potential to
cause harm;
3.86 "User Charge or Solid Waste Management Service Charge"
mean, a fee imposed by the Villianur Commune Panchayat or any other
entity mentioned in rule 2 a Solid Waste Management Rules, 2016, on
the waste generator to cover full or part cost of providing solid waste
collection, transportation, processing and disposal services as per the
polluter pays principle.
3.87 "Vacant Plot" mean, any Land or open space belonging to
a private party/person that is presently not occupied by their/him.
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LA GAZETTE DE L'ETAT
3.88 "Vermi composting" mean, the process of conversion of bio
degradable waste into compost using earthworms;
3.89 “Ward Micro Plan” mean, the schematic layout indicating
collection times for different categories of Solid Waste, details of the
collection vehicles and points, map of the Ward, roads/streets for street
sweeping and optimal route map for collection and transportation of
waste, manpower and other information required for effective
implementation of the solid waste management as may be considered
appropriate by Villianur Commune Panchayat.
3.90 "Waste Hierarchy" mean, the solid waste management
priority order in which the solid waste is to be managed by giving
emphasis in the following order to the 5, i.e., Refusal (prevention of
use), Reduction, Reuse, Recycling and Recovery and only as a last
option Disposal, i.e. with Prevention being the most preferred option and
the Disposal at the landfill being the least;
3.91 "Waste generator" mean, and includes every person or
group of persons, every residential premises and non-residential/
commercial establishments/institutions including State and Central
Government establishments like Indian Railways, Defense establishments,
etc., which generate solid waste;
3.92 "Waste picker" mean, a person or groups of persons
informally engaged in collection and recovery of reusable and recyclable
solid waste from the source of waste generation, i.e. the streets, bins,
material recovery facilities, processing and waste disposal facilities, for
sale to recyclers directly or through intermediaries to earn their
livelihood.
3.93 "Waste Traders" mean, persons or entities such as scrap
dealers, itinerant buyers and traders who are involved in the sorting, sale
and purchase of Recyclable Non-biodegradable Waste.
3.94 "Zero Waste Campus" mean, a residential or non-residential/
commercial/educational/State/Central Government/Official colony or
campus which ensures that solid waste generated within the campus is
100% source segregated and processed/treated in situ and other
recyclable wastes pickup are tied up di rectly with recyclers, without
depending on the waste collection system of Villianur Commune
Panchayat/Service Providers or Empaneled Vendors.
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[PART–II
CHAPTER II
SEGREGATION AND PRIMARY STORAGE
4. As per rule 4 of Solid Waste Management Rules 2016.—
(a) every waste generator including bulk waste generator shall be;
Required to segregate Solid Waste at source of generation and
store into the following categories, as applicable, namely:–
(i) Bio-degradable Waste, also referred to as Wet Waste,
(ii) Non-biodegradable Waste, including Dry Waste,
(iii) Domestic Hazardous Waste, including Sanitary Waste,
(iv) Construction and Demolition (C&D) Waste,
(v) Bulk Garden and Horticulture Waste; and
(vi) Electronic or E-Waste.
(b) The Sanitary Waste such as sanitary napkins, diapers,
tampons and similar products shall be securely wrapped in pouches
provided by the manufacturers or brand owners or in old newspapers
and all Sanitary Waste shall be stored along with the Domestic
Hazardous Waste. Waste Generators such as Bulk Waste Generators,
Educational Institutions, ladies' hostels and paying guests accommodations
shall ensure that the provisions of these Bye-laws are strictly complied
with and such Sanitary Waste is not disposed in the drainage or
sewerage systems. Failure to comply with this shall lead to fine being
levied as per penalties listed at Schedul–X(a).
(c) The Bio-degradable Waste, Non-biodegradable Waste and
Domestic Hazardous Waste along with Sanitary Waste shall be each
stored separately, without mixing it, in specified Receptacles (without
using any plastic garbage liner bags) for handing over or delivery to
Villianur Commune Panchayat and/or Agency/Service Provider, as the
case may be. The Waste Generator shall ensure that Non-biodegradable
Waste such as packets, food containers, boxes, bottles, tetra pack
cartons and other disposable items are cleaned and dried so that
these items can be effectively recycled. All Solid Waste including
Bio-degradable Waste shall not be wrapped in plastics bags for
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handing over to Villianur Commune Panchayat and/or Agency/Service
Provider. There shall be only bin to bin transfer of such waste i.e., from
segregated waste bin to bin (storage space) of waste collector vehicles.
(d) The Construction and Demolition Waste and Bulk Garden
and Horticulture Waste shall be stored separately in the Waste
Generator's Premises. No Bio-medical Waste, E-waste, hazardous
chemicals and industrial waste shall be mixed with Solid Waste.
(e) The colour of the Receptacles/Bins where the following
segregated Solid Waste shall be stored before eventual handover to
Villianur Commune Panchayat and/or Agency/Service Provider, as the
case may be, shall be:
(i) Green for Bio-degradable/Wet Waste;
(ii) Blue for Non-biodegradable/Dry Waste; and
(iii) Red for Domestic Hazardous Waste including Sanitary
Waste.
5. Responsibilities of specific categories of Waste Generators.—
(a) The Waste Generators such as Shops and Commercial
Establishments and Street Vendors shall segregate the Solid Waste
generated during the course of their activity such as food waste,
permissible disposable plates, cups, cans, wrappers, coconut shells,
leftover food, vegetables, fruits and similar items in accordance with the
categories specified in Bye-laws 4(a)/Schedule-I and shall have separate
bins to store for this purpose, without any litter/spillage on ground and
handed over to the service provider. Any litter/spillage found in front or
in and around the establishment or storage of non- segregated/mixed
waste shall be deemed as violation under these Bye-laws and fine shall
be levied as per penalties listed at Schedule-X.
(b) Every occupier of any premises who generates poultry, fish,
meat and slaughter waste as a result of any commercial activity, shall
store such waste separately in a fully closed manner and in hygienic
condition and such waste shall not be mixed with any other category of
Solid Waste. Deposit of such waste in any other receptacle or
community bin or public place is prohibited and shall attract fines as
indicated in Schedule-X(a). Villianur Commune Panchayat would directly
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[PART–II
or through its authorized service provider would collect slaughterhouse
waste daily and the relevant Occupier shall ensure that such waste is
ready for handover at the times designated by Villianur Commune
Panchayat. Villianur Commune Panchayat/service provider shall provide
bins and vehicles for primary collection and secondary transportation of
poultry, fish, meat and slaughterhouse waste, will be taken care as per
Schedule-VIII (Annexure II). Such user charge/service charge shall be
notified by the Villianur Commune Panchayat from time to time and it
shall be the duty of this category of waste generator to pay these fees
for the collection/transportation/scientific disposal service provided.
(c) Every Bulk Waste Generator or aggregation of Waste
Generators maintaining community Receptacles on their Premises shall
be responsible for collection of segregated solid Waste from each
individual Waste Generator within its Premises and storing it in separate
covered Receptacles in accordance with Bye-law 4 at the entry gate or
a designated location on the ground floor of such Premises, to enable
swift and timely collection of such segregated waste. The Commissioner
(or) any other Officer authorised by him shall designate any one entry
gate (or) designated location in the premises of Bulk Waste Generator
irrespective of the number of entry/exists available in said premises.
(d) It shall be the responsibility of the owner or occupier of
premises to ensure storage of the construction material and Construction
and Demolition (C&D) waste well within the premises and not encroach
or block any public spaces like footpath, road, etc. The storage, handling
and management of Construction and Demolition (C&D) waste shall be governed
by C&D Waste Management Rules, 2016 and Building Bye-laws in
vogue in Villianur Commune Panchayat/Puducherry Planning Autority.
(e) In case the construction material or C&D waste has to be
stored on the road and other public spaces due to unavoidable reasons
like lack of space or requirements of construction or demolition works,
the owner or occupier of the premises shall take specific permission
from Villianur Commune Panchayat to do so. Villianur Commune
Panchayat shall charge a fee as notified from time to time by
Commissioner, to allow storage of construction material and construction
and demolition (C&D) waste on the road and other public spaces, in the
minimum space required without causing undue hardship to public.
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It shall be the responsibility of the owner or occupier of premises to
dispose C&D waste at a place designated by Villianur Commune
Panchayat as per the collection and transportation system authorised by
Villianur Commune Panchayat.
(f) In every designated commercial area or areas with commercial
establishments, it shall be the responsibility of the market associations
or group of shop owners or incase of absence of such Association or
Group the individual Shop owner to ensure that segregated waste bins
(as per the type of waste generated) are kept and that there is no
littering and throwing of any type of solid waste on the roads,
footpaths, drains and other such public spaces. Any litter/spillage found
in front or in and around the establishment or storage of non-segregated/
mixed waste in the commercial area shall be deemed as violation under
this byelaw and fine shall be levied as per penalties listed at Schedule X on
the shop or establishment concerned.
CHAPTER III
COLLECTION, TRANSPORTATION AND DISPOSAL OF SOLID WASTE
6. Door to Door Collection of segregated Solid Waste.—(i) Subject
to provisions of Bye-law 8, Door to Door Collection shall be implemented
by Villianur Commune Panchayat for all or certain categories of
segregated Solid Waste, in all Wards of the Villianur Commune
Panchayat from:
(a) doorsteps of households, shops, small commercial
establishments and offices;
(b) entry gate or at a designated location on the ground floor in
a Housing Society, multi storied buildings or appartments,
residential, commercial, institutional complexes or premises which
do not fall within entites specified in Bye-law 6(i)(a) and are not
Bulk Waste Generators; and/or
(c) entry gate or specified places of Slums and informal
settlements.
(ii) Upon payment of Service Charge or User Charges specified
in Schedule-VIII (Annexure-I to VI) and subject to provisions of
section 13 of these Bye-Laws, Villianur Commune Panchayat shall
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[PART–II
implement door to door collection, for all or certain categories of
segregated Solid Waste from the entry gate or a designated location on
the ground floor of a Bulk Waste Generator to the extent they are not
processing their own waste in situ and/or are not engaging services of
an Empanelled Vendor.
(iii) In addition to Door to Door Collection of Solid Waste under
Bye-law 6, Villianur Commune Panchayat and/or Agency/Service Provider
as the case may be, shall collect Solid Waste from public spaces such as
parks, markets, roads, streets, gardens and similar areas at specified times
and days.
(iv) In order to carry out Door to Door Collection as specified
in Bye-law 6(i), area-wise specific time slots including relevant day of the
week for different categories of Solid Waste shall be notified byVillianur
Commune Panchayat or service provider and published at prominently
visible parts of that area and on the website of Villianur Commune
Panchayat. In addition, route maps for collection including stops,
starting and ending times and other relevant details shall be provided
along with the time slots. Villianur Commune Panchayat shall collect
Bio-degradable Waste and Sanitary Waste on a daily basis and
Non-Biodegradable Dry Waste at least twice or thrice a week as per
necessity or as specified by Villianur Commune Panchayat from time to
time.
(v) Villianur Commune Panchayat, shall assess the number of
primary collection vehicles, pushcarts, Secondary Transportation
Vehicles and manpower that will be allotted to each Ward for efficient
primary collection and transportation of segregated Solid Waste and to
ensure that there is no inter-mixing of segregated Solid Waste. The
movement of vehicles will be monitored through GPS tagging.
(vi) Villianur Commune Panchayat and/or Agency/Service
Provider shall announce their arrival in the time notified earlier for
collection of Solid Waste by blowing a whistle and/or also play a
recorded message/announce through a loud speaker or by any other
such means and at such time the Waste Generator must be ready to
handover the segregated Solid Waste for collection. In the event the
Waste Generator is not available to handover the Solid Waste, such
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Waste Generator must ensure that the Solid Waste is stored in a
segregated manner at a prominently visible, convenient and accessible
place within their campus for Villianur Commune Panchayat and/or
Agency/Service Provider to collect the Solid Waste. The segregated
Solid Waste shall be kept in an enclosure and shall not be left in the open
where they are susceptible to damage by dogs, cows, pigs and other
animals. Also, such waste shall not be kept stored in single use plastic
bags and garbage bin liners which are banned.
(vii) It shall be the duty of every Waste Generator to assist
Villianur Commune Panchayat in collection of the segregated Solid Waste
by ensuring that the Solid Waste is segregated and deposited in correct
Receptacles and is ready for collection at the appointed time in
accordance with the time-slots published by Villianur Commune
Panchayat and/or Agency/Service Provider. It shall be the responsibility
of Villianur Commune Panchayat and/or designated person to monitor and
report the Waste Generators that are not complying with the provisions
of this Bye Laws. The non-compliant Waste Generators shall be penalised
and fined in accordance with the provisions of Schedule-X(a) of these
Bye-laws.
(viii) Villianur Commune Panchayat may ensure Door to Door
Collection or Point to Point Collection, as the case may be for E-Waste,
at least once in every two weeks, on payment basis till alternate
arrangements are made through notification. The E-Waste shall be
transported to Dry Waste Collection Centres, E-Waste collection centres
and/or materials recovery facility, as may be notified, for onward
processing in accordance with the E-Waste (Management) Rules, 2016.
(ix) Villianur Commune Panchayat shall specify at least one day
in a week for Door to Door Collection of Bulky Waste and Bulk
Horticulture & Garden Waste. Any Waste Generator can also directly
deposit their Bulky Waste at the relevant Secondary Storage facility
designated or notified by Villianur Commune Panchayat. Bulky Waste
generator shall pay the User charges/Service charges prescribed in
Schedule-VIII (Annexure I toVI) for availing the services. Services of on
call pick up of Bulky Waste will also be provided by Villianur Commune
Panchayat and/or Agency/Service Provider.
(x) The collected segregated Solid Waste may be transported to
Secondary Storage facilities such as waste storage/collection depots,
material recovery facilitates or Transfer Stations or for respective
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[PART–II
processing at compost plants, bio-methanation plants, recycling plants,
waste to energy plants or any other site/plant designated by Villianur
Commune Panchayat.
(xi) There shall be no inter-mixing of segregated Solid Waste
that has been collected from different Waste Generators during the
transportation, transfer and processing of such waste. Villianur Commune
Panchayat shall penalize the waste collector and transporter if, such
mixing is found to have occurred as given in Schedule–X.
(xii) For collection of Construction and Demolition Waste, the
Waste Generator under C&D Rules, could contact Villianur Commune
Panchayat or the Agency/Service Provider, details of which shall be
provided on its website and in its office. Villianur Commune Panchayat/
Agency/Service Provider as the case maybe, will collect relevant charges
specified in the C&D Rules, or Bye laws by Villianur Commune Panchayat
and intimate the time of collection of the Segregated C&D waste from the
waste generator to designated site. This waste shall be transported to
an authorised processing centre or any other designated location in
accordance with c and d Rules, as stipulated in the Bye-law - 9.
7. Point to Point Collection.— Villianur Commune Panchayat may
notify certain areas within its jurisdiction which are inaccessible for
collection vehicles/pushcarts or for any other reason deemed appropriate
by Villianur Commune Panchayat, for Point to Point Collection. For
implementation of Point to Point Collection, Villianur Commune
Panchayat shall designate collection points/spots/locations where
segregated Solid Waste shall be deposited by the Waste Generator. From
these notified Point to Point Collection points including waste
receptacles if any, Villianur Commune Panchayat and/or Agency/Service
Provider shall make arrangements for transportation of the segregated
waste for Processing and Disposal as per the provisions under these
Bye-laws.
8. Delivery and transportation of Solid Waste by the Waste
Generators in certain cases.— (a) In the event, where an Empanelled
Vendor has been engaged by the Waste Generator (including Bulk Waste
Generator) to provide waste management services in accordance with
these Bye-laws, Villianur Commune Panchayat shall not implement or
facilitate Door to Door Collection of Solid Waste at the Premises
occupied by such Waste Generator. The Empanelled Vendor shall collect
and transport the Solid Waste from the premises of such Waste
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Generator to the storage and processing Units within its system that
have been declared to Villianur Commune Panchayat, within the maximum
rate notified by Villianur Commune Panchayat for this purpose.
(b) The Street Vendor has to deliver waste duly segregated to
Villianur Commune Panchayat/Service provider/Agency or community
bin/receptacle, as may be notified from time to time. No mixed waste shall
be delivered, failing which penalty as per Schedule-X shall be levied.
(c) Any Waste Generator can directly deposit or sell their
Recyclable Non-biodegradable Waste to Agency/Service Providers,
registered Waste Pickers and Waste Traders at mutually agreed rates.
Any waste generators can directly handover or sell non-bio-degradable
wastes (dry wastes) to registered rag pickers .
(d) Villianur Commune Panchayat may, from time to time, notify
certain categories of Solid Waste, types of Waste Generators and areas
within its territorial limits where Waste Generators shall be responsible
to directly deliver and deposit their segregated Solid waste to Secondary
Storage facilities and/or processing facilities.
9. Collection and Transportation of C&D Waste and inert
waste.— 1. Duties and Responsibilities of C&D waste Generators.
(a) Every waste generator shall prima facie be responsible for
collection, segregation of concrete, soil and others and storage of
construction and demolition waste generated in consonance with
these Bye-laws.
(b) The generator shall ensure that other waste (wet waste) does
not get mixed with C&D waste and is to be stored and disposed off
separately.
(c) Waste generators i.e., Any person or Association of persons
or institution, Residential and Commercial establishments including
Government Department or Government Undertakings and/or
Contractor working for the Government Departments or Government
Undertakings who generate more than 20 tonnes or more in One
day or 300 tonnes per project in a month shall segregate the waste
into four streams such as (i) Concrete, (ii) Soil, (iii) Bricks and
mortar and (iv) Steel, Wood and plastics and shall submit waste
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[PART–II
management plan and get appropriate approvals from Villianur
Commune Panchayat in prescribed in Schedule-VI before starting
construction or demolition or remodeling work and keep the
concerned officers in Villianur Commune Panchayat are to be
informed regarding the relevant activities from the planning stage
to the implementation stage and an amount as per Schedule-IX (b)
has to be paid by the waste generator to the Villianur Commune
Panchayat. Such collected and stored waste shall be transported
immediately by the generator themselves at their own expenditure
without causing any disturbance to the general public on a regular
basis to the C&D yard notified by Villianur Commune Panchayat.
(d) Every waste generator shall keep the construction and
demolition waste within their premise, or get the waste deposited
at designated collection centre or any other place notified by
Villianur Commune Panchayat and ensure that there is no littering
or deposition of construction and demolition waste in public
places, roads, drains, etc. so as to prevent obstruction to the traffic
or the public or drains or cause public nuisance.
2. Procedure for Storage of C&D Waste:
(a) The Municipal Health officer/Engineer/Sanitary Inspector of
Villianur Commune Panchayat shall be empowered to identify
temporary storage places (which shall not affect the general Public/
Residents) for the generator towards storing such waste subject to
proper pre requisition made in prescribed Form as prescribed in
Schedule-VI by this Commune Panchayat and obtain necessary
written approval from the Municipal Health Officer/Engineer/
Sanitary Inspector of Villianur Commune Panchayat permitting to
store the C&D waste at permitted temporary storage site for which
an amount as per Schedule-VIII (Annexure VI) has to be paid by the
generator. This permit shall be valid for a maximum of 2 days only.
Within the allotted 2 days period the generator shall shift the C&D
waste to the C& D Waste storage yard notified by Villianur
Commune Panchayat. If, the generator fails to do so with in the
stipulated 2 days period, C&D waste thus stored shall be removed
and transported by the Commune Panchayat to designated/notified
C&D waste yard and fine shall be imposed on the generator as per
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Schedule-X (d). In case of two such failures to abide by these
bye-laws, the construction activity will be stopped by Villianur
Commune Panchayat without giving any notice thereof.
(b) Villianur Commune Panchayat shall earmark an area as per
the needs for the disposal of C&D waste and other inert wastes
generated during road sweepings, including that arising out of
mechanical sweeping excluding the iv stream as mentioned in
Bye-law 9(1)(c). This shall go to C&D Yard.
(c) Villianur Commune Panchayat shall explore all opportunities
for the gainful utilization of the C&D waste.
10. Vehicles for transportation of Solid Waste.— (a) Villianur
Commune Panchayat/Service Provider shall deploy vehicles having
separate compartments for segregated wastes and such vehicle shall
have a suitable announcement system for informing the citizens on its
arrival and spreading relevant messages above Solid Waste Management
(SWM) for collection of segregated Solid Wastes. In circumstances,
where the vehicles do not have these compartments for different streams
of Solid Waste, separate days shall be designated for collection of Bio-
degradable, Non-biodegradable Waste and Domestic Hazardous Waste
to ensure that there is no mixing of different categories of Solid Waste.
(b) In smaller, narrow and congested streets/lanes where even
such smaller motorized vehicle cannot operate, Villianur Commune
Panchayat shall assign appropriate manually driven and ergonomically
well-designed push carts with bins for collection, which will in turn drop
off the segregated Solid Waste into the collection vehicle/transfer
stations.
(c) Villianur Commune Panchayat shall explore eco-friendly
options for Door to Door Collection and transportation of Solid Waste
such as battery operated and/or electric vehicles. Motorized vehicles
dependent on fossil fuels which are in use now, shall be judiciously
phased out over a period of time. Villianur Commune Panchayat shall
introduce at least one such battery operated/electric vehicle in each ward/
division to encourage use of non-fossil fuel vehicles. This shall be scaled
up over a period of time.
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(d) The Solid Waste shall be transported to larger secondary
transfer/transport vehicles such as Compactors at Secondary Transfer
Points and/or Secondary Storage Points depending on the infrastructure
set up by Villianur Commune Panchayat. Every primary collection vehicle
shall be assigned a Secondary Transfer/Storage Point where the
segregated Solid Waste shall be transferred with minimising waste
handling manually, i.e., directly into the secondary transportation
vehicle or secondary storage facility. Such, Secondary Transfer/Storage
Point shall be identified in the ward micro plan and shall be located at
a convenient shortest possible distance from the primary Door-to-Door
collection areas. Each secondary vehicle shall have a destination of a
processing facility, material recovery facility, Dry Waste Collection
Centre (DWCC) for disposal, based on category of the Solid Waste that
it receives.
(e) The vehicles used for transportation of Solid Waste shall be
covered in such a manner that the collected waste is,
(i) Not exposed to open environment,
(ii) Not visible to the public and
(iii) Not found Scattered on the road and/or pavements during
transportation.
(iv) No leakage/spillage of liquids from the vehicle.
(f) The design of the primary and secondary transportation
vehicles shall be such that the Solid Waste shall not be allowed to be
littered on the road until it reaches its final processing/disposal site, and
thereby eliminating the need for recurring manual handling of such
waste. Hence, transfer of segregated solid waste shall be bin to bin and
vehicle to vehicle. Villianur Commune Panchayat shall make best efforts
to ensure that there is no leakage of leachate from its primary collection
vehicles and secondary transportation vehicles while handling wet
waste. Measures shall also be taken to ensure that leachate collected in
the primary collection vehicles and secondary transportation vehicles is
disposed in a scientific manner and not discharged into storm water
drains and sewerage.
(g) Villianur Commune Panchayat shall ensure live GPS tracking
for all SWM vehicles on ICT enabled Applications, including the primary
collection vehicles and secondary transportation vehicles to ensure
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monitoring of collection and transportation of Solid Waste. Such
tracking of vehicles shall be monitored remotely through a Centralised
Smart Data Centre set up by Villianur Commune Panchayat. For the
purpose of transparency and accountability, general public shall also be
given access to the above.
CHAPTER IV
PROCESSING AND DISPOSAL OF SOLID WASTE
11. Facilities to be provided by Villianur Commune Panchayat.—
(1) Dry Waste Collection Centres (DWCCs) and Materials Recovery
Facility (MRF) for Dry Waste:
(a) Villianur Commune Panchayat shall set up Dry Waste
Collection Centres and/or Materials Recovery Facilities and the
same shall be operated by Villianur Commune Panchayat through
informal waste picker organisations/Waste pickers and Women's
Self Help Groups or any service provider integrated into the
Villianur Commune Panchayat's dry waste collection system for
collection and sorting of Non-biodegradable Dry Waste, within one
year from the date on which of these Bye-laws come into force.
(b) The DWCCs and/or materials recovery facility shall have
adequate infrastructural facilities such as electricity, drinking water
and toilets and designed to ensure efficient sorting and storage of
various categories of dry waste. Dedicated manpower and
budgetary provision shall be provided by the Government. The
Extended Producer Responsibility (EPR) shall also be judiciously
tapped and used in this regard.
(2) Deposit centre for Domestic Hazardous Waste–
(a) Appropriate number of deposit centre(s) for the receipt of
Domestic Hazardous Waste shall be set up within the jurisdictional
limits of Villianur Commune Panchayat by the Villianur Commune
Panchayat or an Agency/Service Provider at suitable location(s).
Such facility shall be set up in a manner as per guidelines
prescribed by the Puducherry Pollution Control Committee (PPCC)/
Centrol Pollution Control Board (CPCB) and other appropriate
Governmental agencies.
(b) The Domestic Hazardous Waste/Sanitary Waste at the
Secondary Storage/transfer facilities and/or deposit centres shall
be processed in accordance with Bye-law 12.
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12. Processing of different categories of Solid Waste.— The
Waste Generator, Villianur Commune Panchayat, Agency/Service
Provider, Empanelled Vendor and/or any other Person involved in
handling or management of Solid Waste shall ensure that different
categories of Solid Waste are processed in the following manner,
namely:–
(a) Processing of the Biodegradable Waste (Wet Waste)—
Decentralised and/or centralised processing such as composting, vermi-
composting, microbial composting, aerobic compositing, anaerobic
digestion, bio-methanation or any other PPCC/CPCB approved process
for bio-stabilisation of Biodegradable Waste shall be adopted for
processing of Biodegradable Waste. Fresh Bio-degradable waste can also
be used as animal feed if such waste is safe for consumption by
livestock.
(b) Processing of Recyclable Non-Biodegradable Waste (Dry
Waste)—The Recyclable Non-Biodegradable Waste shall be sent to–
(i) Dry Waste Collection Centres, Materials Recovery Facilities
for sorting and baling of Dry Waste and thereafter to authorised
recycling Units; or
(ii) directly to authorised recycling units to be turned into raw
materials for producing new products.
(c) Processing of Domestic Hazardous Waste including
Sanitary Waste—The Domestic Hazardous Waste shall be processed
through TSDF (Treatment Storage Disposal Facility) authorised by the
PPCC, incineration and/or any other suitable method determined by the
PPCC/CPCB. Sanitary Waste will be processed at the nearest common
biomedical treatment facility and/or incinerators to be setup in Villianur
Commune Panchayat along with other Bio-medical Waste generated
within the Villianur Commune Panchayat. Only process rejects and inerts
from these processing methods shall be transported to Sanitary Landfills
for final disposal.
(d) Processing of Non-Recyclable Non-biodegradable waste–
The Non-Biodegradable Waste which cannot be recycled in accordance
with section 12(b) of these Bye-laws and having calorific value exceeding
1,500 kcal./kg. shall be used for Waste to Energy (WtE) processes
including Refuse Derived Fuel (RDF) for combustible fraction of waste
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or supply as feedstock to solid waste based power plants or cement
kilns. The Non-biodegradable Waste which cannot be recycled in
accordance with section 12(b) of these Bye-laws and having calorific
value less than 1,500 kcal./kg. can be treated as per applicable CPCB and/
or PPCC guidelines to make it suitable for relevant waste to energy
processes.
(e) Processing of Construction and Demolition Waste–The
Construction and Demolition Waste shall be processed in accordance
with these Bye-laws and C&D Rules, (including separate Bye-laws to be
issued by Villianur Commune Panchayat) and shall be transported to
appropriate processing plants, Landfills and/or other designated
locations.
(f) Processing of slaughterhouse waste–Waste generated from
slaughterhouses, poultry and fish markets shall be processed or
disposed through Rendering, Composting, Bio-methanation, controlled
incineration or deep burial and/or by any other method prescribed by
CPCB and/or PPCC, as applicable.
(g) Processing of special streams of waste–To the extent
possible, specific streams of Solid Waste such as leaf litter, cut waste of
tender coconuts and sugarcane husk shall be sent for processing to leaf
litter processing units, tender coconut waste processing unit and other
appropriate processing facilities available, as approved by PPCC and/or
CPCB, if, not available then it shall be taken to RRP for final disposal.
(h) Disposal of Residual Waste– The residual Solid Waste and
inerts which cannot be processed in any of methods set in section 12 (a)
to (g) above shall be disposed in a Sanitary Landfill in a scientific
manner. Villianur Commune Panchayat shall strive to ensure that the
residue from different processing facilities shall not exceed 35% of the
Solid Waste delivered to the processing facility and shall be further
reduced to 30% within the next five years from the effective date of
notification of these Bye-laws. The Villianur Commune Panchayat shall
strive towards a goal where only minimal Solid Waste shall be disposed
in Sanitary Landfills (Zero landfilling).
13. Layout and specifications.—The processing facilities and
Sanitary Landfills should have weighbridges/weighing scales to measure
and record the amount of waste brought to the units. All rejects, residues
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and surplus unprocessed waste shall be temporarily stored at a place
convenient for delivery to the notified collection system, in closed
Receptacles with protective measures against Littering, Public Nuisance,
foul odour, etc. The facilities shall have adequate utilities to ensure
hygienic conditions, avoidance of nuisance to public or to workers
operating the facility, including water and areas for washing, electricity
and toilets. All processing facilities shall comply with any additional
standards, specifications and guidelines notified by PPCC, CPCB,
Villianur Commune Panchayat and/or relevant authority or prescribed by
any law for the time being in force.
14. Disposal of Solid Waste.—(i) Biomedical Waste, E-waste,
hazardous chemicals and industrial waste shall be collected, processed
and disposed of in accordance with the relevant rules framed under the
Environment (Protection) Act, 1986.
(ii) Disposal by burning of any type of Solid Waste at any
Premises, roadsides, any private or public property including at vacant
sites is strictly prohibited and would attract penalty as per Schedule-X
of these Bye-laws.
(iii) Villianur Commune Panchayat shall undertake on its own or
through any other Agency, the construction, operation and maintenance
of Sanitary Landfill in accordance with standards prescribed under
Solid Waste Management Rules, 2016 and associated infrastructure
for disposal of residual waste (i.e. Solid Waste which cannot be
processed in accordance with Bye-law 12(a) to (g) and inerts.
(iv) Villianur Commune Panchayat shall also investigate and
analyse all old open dumpsites and existing operational dumpsites for
their potential of bio-mining and bio-remediation and wheresoever
feasible, take necessary actions to bio-mine or bio-remediate these sites
as part of its commitment towards legacy waste management as
prescribed in Solid Waste Management Rules, 2016. In the absence of
potential of bio-mining and bio-remediation of dumpsite, it shall be
scientifically capped as per landfill capping norms issued by CPCB and/
or PPCC and as prescribed in Solid Waste Management Rules, 2016 to
prevent further damage to the environment. The bio- remediation or
capping of old and abandoned dumpsites shall be carried out by Villianur
Commune Panchayat within three years of notification these Bye-laws
and Grants-in-aid shall be provided by the Government for this purpose.
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CHAPTER-V
WELFARE OF SANITARY WORKERS AND INTEGRATION OF
THE INFORMAL SECTOR
15. Welfare, occupational safety and training of Sanitary Workers
and other personnel.— (1) Welfare measures,
(i) Villianur Commune Panchayat shall ensure compliance of all
labour and welfare regulations and schemes applicable to its Street
Sweepers or Sanitary Workers and other eligible waste workers
working in waste management sector in relation to wages, working
hours, holidays, statutory benefits such as provident fund,
Employee's State Insurance and maternity benefit.
(ii) There shall be regular medical check-ups of the Sanitary
Workers and other eligible waste workers working in waste
management for occupational diseases and shall include
examination of respiratory organs and treatment of skin injuries and
other occupational and lifestyle diseases.
(iii) In case of any kind of injury or death during service, the
Sanitary Worker shall be eligible for adequate monetary
compensation as decided by Villianur Commune Panchayat.
However, in the case of a waste worker working under a service
contract, the service provider shall be bound to provide adequate
compensation as proposed by Villianur Commune Panchayat or as
per the contract/Agreement/MoU Executed.
(2) Protective equipment and other facilities : (i) Villianur
Commune Panchayat shall ensure that two pairs of uniforms, shoes,
hand gloves, masks and other appropriate personal protective
equipments are provided every year to all Sanitary Workers
including other eligible workers working in waste management.
(ii) Villianur Commune Panchayat shall also provide potable
drinking water, toilets, changing rooms and first-aid facilities to all
the Sanitary Workers and other eligible workers involved in waste
management at the Office of the Sanitary Inspectors.
(3) Training and capacity building: Training shall be given by
Villianur Commune Panchayat through reputed Institutes/Government
Agency/reputed agency to educate Sanitary Workers and its other
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workers involved in handling and management of Solid Waste on various
topics such as collecting and transporting of Solid Waste in a segregated
manner, processing and disposing the Solid Waste in a manner specified
in the SWM Rules, 2016 and these Bye-laws, and on environment, health
and safety standards among others.
16. Integration of informal sector workers.— (1) Issuance of
Identity Cards: Villianur Commune Panchayat shall, either through itself
or reputed Non-governmental, Community or Educational/Research
Organisations, carry out surveys and drives for identification and
issuance of Identity Card to Waste Pickers, so identified. Villianur
Commune Panchayat shall maintain records of Waste Pickers operating
within its jurisdiction.
(2) Registration of Waste Traders Villianur Commune Panchayat
shall, either through itself or reputed Non-governmental, Community or
Educational/Research Organisations, carry out surveys and drives for
identification and registration/licensing of Waste Traders. It is mandatory
to the waste traders to obtain Trade License from Villianur Commune
Panchayat.
(3) Involvement in Solid Waste management activities Villianur
Commune Panchayat shall make efforts to streamline and formalize solid
waste management systems and endeavour that the Waste Pickers,
Waste Traders and other informal sector players in waste management
are given priority to upgrade their work conditions and are integrated
into the formal system of Solid Waste Management. Villianur Commune
Panchayat shall involve organisations of Waste Pickers and/or Waste
Traders who fall within the meaning of "Agency/Service Provider" in the
operation of DWCCs and Materials Recovery Facilities depending on the
availability and experience of such Waste Pickers and/or Waste Traders
and Villianur Commune Panchayat's requirements. Villianur Commune
Panchayat shall also enable delivery and sale of Non-Biodegradable
Waste (especially non-Recyclable Non-Biodegradable Waste) from Waste
Pickers at DWCCs and materials recovery facilities. The Waste
Generators, Villianur Commune Panchayat, Agency/Service Providers and
other persons involved in Solid Waste management shall be allowed to
sell Recyclable Non-Biodegradable Waste to the Waste Traders at
mutually agreed rates, in a mutually agreed manner.
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(4) Training and capacity building Training and capacity
building exercises shall be undertaken by Villianur Commune Panchayat,
either through itself and/or reputed Agency/Service Providers to train
and educate Waste Pickers, Waste Traders and other informal sector
players on various topics such as environment, health and safety
standards, requirements of Solid Waste Management Rules and other
regulations, authorised processing facilities for Non-Biodegradable
Waste among others.
CHAPTER VI
LITTERING AND PUBLIC NUISANCE
17. Prohibition of littering and provision of community bins.—
(1) Littering in any public, open or vacant property: No Person shall
throw, deposit or cause to be thrown or deposit any solid waste in any
public place, including in any type of water body (natural or manmade)
except in a manner provided for in these Bye-laws, the Environment
(Protection) Act, 1986, the Solid Waste Management Rules, 2016, or any
other applicable Act or rules or guidelines framed thereunder.
(2) Litter-throwing from vehicles: No person, whether a driver
or passenger in a vehicle, shall litter upon any street, road, sidewalk,
playground, garden, traffic island or other public place.
(3) Litter from goods vehicles: No person shall drive or move
any truck or other goods vehicle unless such vehicle is so constructed
and loaded so as to prevent any load, contents or litter from being blown
off or deposited upon any road, sidewalks, traffic island, playground,
garden or other public place.
(4) Litter by owner of pet animals: It shall be the responsibility
of the owner of any pet animal to promptly scoop or clean up any litter
created by such pet on the street or any public place and take adequate
steps for the proper disposal of such waste as Bio-degradable Waste.
(5) Community bins and Waste Receiving Kiosks in public
places: Villianur Commune Panchayat shall provide and maintain
suitable Community bins/Receptacles on public spaces such as roads (in
commercial and high footfall areas), gardens, parks and similar places,
through itself or through an Agency/Service Provider where litter can be
deposited by the public. Every community bin/Receptacle shall be
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separate for Bio-degradable Waste and Non Bio-degradable Waste.
Villianur Commune Panchayat and/or the Agency/Service Provider shall
ensure that the community bins/Receptacles are not overflowing or
exposed to open environment and prevent their scattering by rag pickers,
stray animals or birds etc. These bins shall be to the extent possible
manned and/or remotely monitored through RFID QR enabled tags or
other suitable technology to ensure there is no overflow of waste
affecting visual cleanliness and public health. Apart from this, Villianur
Commune Panchayat shall also provide segregated waste drop off points
wherever feasible.
18. Prohibition of Public Nuisance.— (1) No person shall create
any Public Nuisance such as spitting, urinating, defecating, feeding
animals/birds or allowing their droppings, or any other object or keeping
any type of storage in any public place except in such public facilities
or conveniences specifically provided for any of these purposes and
permitted by concerned authorities. The provisions of these Bye-laws
relating to Public Nuisance will be construed and implemented in
harmony with the Street Vendors (Protection of Livelihood and
Regulation of Street Vending) Act, 2014.
(2) Nuisance Detectors: Villianur Commune Panchayat shall
strengthen and incentivise the system of Nuisance Detectors by
providing them,–
(i) the power to levy spot fines in accordance with Schedule-X,
using fine books or digital handheld equipment;
(ii) suitable uniforms, vehicles, wireless equipment, etc.; and
(iii) monetary or non-monetary incentives proportionate to fines
levied.
(3) As part of its responsibility to appoint and empower
Nuisance Detectors, Villianur Commune Panchayat shall deploy any
suitable person/agency as SWM Marshals in every ward and other
SWM processing and disposal facilities who shall exercise control on
persons creating any public nuisance under these Bye-laws.
(4) To support and act as a liaison between ward related SWM
issues and SWM Cell of Head Office, Villianur Commune Panchayat shall
also appoint an officer, as a Nodal Officer for SWM called as the SWM
Nodal Officer.
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CHAPTER VII
BULK WASTE GENERATORS
19. Definition of Bulk Waste Generator.—Bulk Waste Generator
includes buildings occupied by the Central Government Departments or
undertakings, State Government Departments or undertakings, Local
Bodies, public sector undertakings or private companies, hospitals,
nursing homes, Schools, Colleges, Universities, other educational
institutions, hostels, hotels, commercial establishments, markets, places
of worship, residential apartments/gated communities/group housing
having more than 25 dwelling units, stadia, and sports complexes, with
an average waste generation are exceeding 50 kg. per day or area
exceeding 5,000 sqm. However, Villianur Commune Panchayat reserves
the right to modify the threshold of waste generation for being declared
as Bulk Waste Generator at any later point of time and also the manner
of collection of bulk waste, as notified through an official order.
20. Identification of Bulk Waste Generator.—(a) Public notice
and verification : within thirty days of these Bye-laws coming into
force, or thereafter from time to time Villianur Commune Panchayat shall
issue a public notice in the format specified in Schedule II informing the
public about the waste generation threshold for being considered and
bulk waste generator and the provisions relating to Solid Waste
Management which are applicable to Bulk Waste Generators. In addition,
Villianur Commune Panchayat through itself or an Agency/Service
Provider, shall carry out field survey as per its own records to identify
individual Bulk Waste Generators and issue notices to them as per the
format specified in Schedule III instructing them to comply with the
applicable provisions of Solid Waste Management Rules and these
Bye-laws.
(b) Self declaration : The individual Waste Generator identified
by Villianur Commune Panchayat under Bye-laws 20 (a) shall have the
option for self-declaration as non-Bulk Waste Generator in accordance
with the format specified in Schedule-IV. The Bulk Waste Generator may
also at a later date apply for declassification from such category by
submitting the declaration in the Form specified in Schedule IV to
Villianur Commune Panchayat.
(c) Penalties : If, any self-declaration is found untrue, the
Occupier of the Premises shall be penalized in accordance with
Schedule-X (b) and such amount shall be computed from the date of
effect as per notice under Schedule-III till the date of actual payment of
penalty by such Bulk Waste Generator.
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21. Duties of Bulk Waste Generators and Responsibility of
Villianur Commune Panchayat.—
(1) (i) BWG shall allocate suitable space within the site in
proportion to the estimated quantum of Solid Waste that would be
generated and has to be stored; and
(ii) set up processing units for onsite processing of
Bio-degradable Waste through composting, bio-methanation and/
or any other technology approved by PPCC/CPCB or any other
appropriate Government Authority.
(iii) set up sorting and temporary storage space for dry waste
and hazardous waste collected before it is sent to recyclers/
informal waste picker organisations.
2. All Bulk Waste Generators shall ensure segregation of Solid
Waste at source within their premises into the following categories
namely:–
(i) Bio-degradable Waste, also referred to as Wet Waste,
(ii) Non-biodegradable Waste, also referred to as Dry Waste,
(iii) Domestic Hazardous Waste, including Sanitary Waste,
(iv) Bulk Garden and Horticulture Waste; and
(v) Electronic or E-Waste.
and facilitate collection, processing and disposal of segregated Solid
Waste in the manner specified in these Bye-laws Schedule I.
3. All Bulk Waste Generators shall, either,
(i) by their own arrangement, process the Non-biodegradable
Waste in accordance with these Bye-laws and Solid Waste
Management Rules, 2016;
(ii) engage Empanelled Vendors of Villianur Commune Panchayat
for
collection,
transportation
and
processing
of
their
Non-biodegradable Waste on mutually agreed terms; (or)
(iii) handover their Non-Biodegradable Waste to Villianur
Commune Panchayat or its service provider collection vehicle as a
part of the Door to Door Collection System on payment of Solid
Waste Management User Charge/Service Charge as specified in
Schedule-VIII (Annexure II and V)/or through an empanelled
vendor by Villianur Commune Panchayat.
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4. Depending on availability of space, Villianur Commune
Panchayat shall, either through itself or an Agency/Service Provider, set
up composting, bio-methanation or any other suitable facility for
processing Biodegradable Waste in,
(i) fruit and vegetable markets organised/set up by Market
Associations (excluding Agricultural Produce Market Committee)
generating 50 kg. or more of Wet Waste per day; and
(ii) any other markets or bazaars notified by Villianur Commune
Panchayat from time to time. In the event there is no space to set
up a Biodegradable Waste processing facility in the market
premises, the collection vehicle of such Bulk Waste Generators
shall collect the Biodegradable Waste from these markets at
specified times and dates, and take it to the processing Unit.
5. The markets managed and/or set up by the Agricultural
Produce Market Committee shall,
(i) mandatorily ensure that their Biodegradable Waste is
processed through composting, bio-methanation or any other
methods approved by the PPCC/CPCB within their respective
premises (in-situ);
(ii) use fresh Biodegradable waste as animal feed if, such waste
is safe for consumption by livestock; and
(iii) handover their Non-Bio degradable Waste to the collection
vehicle that will be provided by Villianur Commune Panchayat on
dates and times notified by Villianur Commune Panchayat on
payment of necessary user charges at the rates specified in
Schedule-VIII (Annexure II and V).
6. Villianur Commune Panchayat shall enforce in-situ processing
of Bulk Horticulture and Garden Waste in parks, gardens and similar
appropriate places, as far as possible. Villianur Commune Panchayat
through itself and/or an Agency/Service Provider, shall set up small scale
composting or bio-methanation plants (i.e. processing less than five tons
of Biodegradable Waste per day) in public parks, playgrounds, recreation
Grounds, Gardens, Markets, Large Vacant lands owned and maintained
by Villianur Commune Panchayat, any other public authority or
Governmental Department if, place available.
7. Villianur Commune Panchayat shall facilitate construction,
operation and maintenance of solid waste processing facilities and
associated infrastructure on its own or through any Agency for optimum
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[PART–II
utilisation of various components of Solid Waste by adopting suitable
technology including the guidelines issued by the Ministry of Housing
and Urban Affairs from time to time and standards prescribed by the
Ministry of Environment and Forests so that the dependency of waste
disposal on the Sanitary Landfills can be minimised to the maximum
extent possible.
8. The Agency/Service Providers and/or Empanelled Vendors as
applicable shall be allowed to dispose of or sell the Recyclable
Non-biodegradable Waste to the Waste Traders or authorised recycling
units which recycle waste in accordance with the provisions of these
Bye-laws and shall be entitled to retain the amounts realised from these
sales.
9. The Waste Generators who do not use the services of
Villianur Commune Panchayat (or the Agency/Service Provider engaged
by it), under these Bye-laws shall be required to maintain daily
generation of Solid Waste and maintain daily accounts in respect to each
waste generator and to submit an annual return on the amount of Solid
Waste Generated at its Premises which is collected, processed and
disposed in the form specified in Schedule-V. The Service Providers and
Empanelled/Selected Vendors will also be required to file periodic returns
to Villianur Commune Panchayat with respect to its operations as per
directions issued by Villianur Commune Panchayat from time to time.
22. Social Gathering/Events.—No person shall organise an event
or gathering of more than fifty Persons at any licensed or unlicensed
place without intimating Villianur Commune Panchayat by submitting an
application at least three working days in advance and pay necessary
cleanliness deposit in advance as per Schedule-IX(a). Such Person shall
ensure segregation of Solid Waste at source and hand over of
segregated Solid Waste in the manner specified in these Bye- laws not
later than 12 hours after the completion of the event. In case the
organizers of such event wishes to avail of the services of Villianur
Commune Panchayat for the cleaning, collection and transport of Solid
Waste Generated as a result of that event, they shall apply to the
concerned authority at Villianur Commune Panchayat and pay the
necessary charges in advance as per Schedule-VIII (Annexure V) fixed
for this purpose by Villianur Commune Panchayat. Any notification
issued in this regard by the Commissioner, Villianur Commune Panchayat
shall govern the management of waste at such social gatherings and
events and shall be binding on the event organisers. In the event of a
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death the same may be intimated immediately to Villianur Commune
Panchayat and obtain permission remain same and during the funeral
procession from home/hospital to burial ground/cremation yard littering
of flowers/any other materials on roads shall not be done. Also littering
of reed grass, flowers and any other materials on roads on all type of
occasion/functions shall not be done. In the event of any violation in this
regard will attract a fine as stipulated in Schedule-X. The Kin who had
approached Villianur Commune Panchayat for obtaining such permission
will be held responsible for payment of fine.
23. Public gatherings and Events in Public Places.—In the event
of public gatherings and events in public places for any reason
(including for temple festivals, processions, exhibitions, circus, fairs,
political rallies, commercial, sociocultural events, protests and
demonstrations, etc.) the organiser shall apply to the concerned authority
of Villianur Commune Panchayat and pay the necessary cleanliness
deposit charges in advance as per Schedule-IX (a) fixed for the purpose
by Villianur Commune Panchayat and it shall be the responsibility of the
organiser of such event or gathering to ensure the cleanliness of that
area after the event and also that the Solid Waste is segregated, collected
and processed in accordance with these Bye-laws not later than 12 hours
after the completion of the event. In case, the organisers of such event
wishes to avail of the services of Villianur Commune Panchayat for the
cleaning, collection and transport of Solid Waste generated as a result
of that event, they shall apply to the concerned authority at Villianur
Commune Panchayat and pay the necessary charges in advance as per
Schedule-VIII (Annexure V) fixed for this purpose by Villianur Commune
Panchayat.
24. Refundable Cleanliness Deposit.—The organiser of such
public gatherings and events shall pay required cleanliness deposit as
notified in Schedule-IX (a), with the concerned office for the duration of
the event, which shall be refundable on the completion of the event on
notifying that the said public place has been restored back to a clean
state, and any Solid Waste generated as a result of the event has been
segregated, collected and transported to designated sites in accordance
with these Bye-laws, to the satisfaction of official/authority concerned.
In the event, the public space is not restored back to a clean state within
12 hours of the completion of the event, the cleanliness deposit paid to
Villianur Commune Panchayat shall be forfeited and the organiser shall
have no claim towards this amount. Villianur Commune Panchayat may
in its discretion may also levy a penalty over and above the forfeited
amount as per Schedule-X (c).
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CHAPTER VIII
SERVICE CHARGE FOR MANAGEMENT OF SOLID WASTE
25. Provisions with respect to SWM Cess and Service Charge
payable to Villianur Commune Panchayat and Empanelled Vendors.—
(1) SWM Service Charge shall also be payable by all Waste Generators
including Bulk waste Generators for provision of services for collection,
transportation, processing and disposal of Solid Waste by Villianur
Commune Panchayat and/or the Agency/Service Provider/Empanelled
Vendors, at the rates as specified in Schedule-VIII (Annexure I to VI). The
SWM Service Charge shall be payable to Villianur Commune Panchayat
for the services provided by it, through itself or an Agency/Service
Provider or to Empanelled Vendors as the case may be from whom such
services are availed by the Waste Generator. The SWM Service Charge
mentioned in Schedule-VIII (Annexure I to VI) shall stand automatically
increased by 10% every year (rounded off to the nearest multiple of 5)
with effect from April 1 of each successive year, unless specifically
increased to a higher level as per need, at any time during the year.
These rates shall be advertised on the website of Villianur Commune
Panchayat and/or of the Agency/Service Provider.
(2) The rates for the Solid Waste Management services provided
by an Empanelled Vendor/Selected Vendor shall be as per the service
Charges detailed at Schedule-VIII (Annexure I to VI).
(3) It is clarified that the Waste Generators including Bulk
Generators who process their Solid Waste in accordance with these
Bye-laws, either through themselves (in situ) or an Empanelled Vendor
at Service Charges as detailed at Schedule-VIII (Annexure V) and paid
directly; shall not be required to pay the relevant Service Charge to
Villianur Commune Panchayat.
(4) The SWM Service Charge shall be collected in person or
through online payment by Villianur Commune Panchayat and/or any
other Person authorised by Villianur Commune Panchayat. Specific days
in a month, preferably in first week of each month, shall be fixed by
Villianur Commune Panchayat, for collection of SWM Service Charge.
The SWM Service Charge may also be collected by Villianur Commune
Panchayat by charging the amount through property tax, licence fees
etc. under provisions of Puducherry Municipalities Act’, 1973. Villianur
Commune Panchayat may evolve additional mechanisms for billing/
collection/recovery of SWM Service Charge, from time to time and these
shall be notified through general or special order/notification.
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(5) Villianur Commune Panchayat by itself or through an Agency
or Service Provider shall prepare the database of all the Waste Generators
for the purpose of levying SWM Service Charge and this database shall
be updated regularly and published on the website of Villianur Commune
Panchayat.
(6) A penalty of 2% per month shall be charged if, the Waste
Generators fails to pay the Service Charge as Schedule-VIII (Annexure I – VI)
within 3 months of raising the demand for the amount by Villianur
Commune Panchayat.
(7) In case of default of payment of SWM Service Charge for
more than 6 (six) months, Villianur Commune Panchayat or any other
Competent Authority may recover the SWM Service Charge along with
the surcharge from the defaulter as arrears of land Revenue under
Revenue Recovery Act, 1970. In addition, Villianur Commune Panchayat
and/or the Agency/Service Provider, as the case may be, shall also have
the discretion to stop providing Solid Waste management services till
such SWM Service Charge along with the surcharge amount is paid by
the defaulter.
(8) All amounts collected as SWM Service Charge by Villianur
Commune Panchayat under these Bye-laws shall be transferred to a
separate escrow Bank account maintained for funds used for Solid Waste
Management. These amounts shall be used towards Villianur Commune
Panchayat's operation and maintenance costs for providing Solid Waste
Management services under these Bye-laws, salaries of personnel,
incentives, grants and other uses as may be considered appropriate by
Villianur Commune Panchayat from time to time.
CHAPTER IX
NON-COMPLIANCE OF BYE-LAWS, SPOT FINES AND PENALTIES
26. Spot Fines.—The Nuisance Detectors shall have the power to
levy spot fines for violations of Bye-laws 17 (Littering) and Bye-laws 18
(Public Nuisance). However, the amount of such spot fines shall not
normally exceed the amount specified in Schedule-X(a). Higher fine may
be imposed subsequently by an authority higher to the authority levying
the fine by an order with proper justification.
27. Penalties.— (1) Whoever, contravenes or fails to comply with
any of the provisions of the Solid Waste Management Rules and/or these
Bye-laws shall on conviction be punished with a fine as specified in
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Schedule-X (a-d). In case of second contravention or non- compliance,
Villianur Commune Panchayat shall have the power to levy a fine which
could be up to twice of the amount specified against the offence in
Schedule-X (a-d). In case of third contravention or non-compliance,
Villianur Commune Panchayat shall have the power to levy a fine which
could be up to thrice of the amount specified against the offence in
Schedule-X (a-d). Thereafter, in case of fourth contravention, Villianur
Commune Panchayat shall have power to suspend/cancel Trade Licence
or take any other appropriate legal action against the offender, including
filing of criminal cases, sealing of premises, etc.
(2) The fine or penalty mentioned in Schedule-X (a-d) shall be
increased upward by 10%. In addition, Villianur Commune Panchayat,
may at any time alter/amend/increase/vary any of the entries as
mentioned in Schedule-X (a-d) of these Bye-laws in order to modify the
penalties every 3 year automatically from the date of implementation of
these Bye laws.
(3) Villianur Commune Panchayat shall take appropriate
Departmental action against the employees of Villianur Commune
Panchayat, if any, of them mix segregated Solid Waste at any point of
collection or transportation, fail to pick up Solid Waste during the
specified time-slots, or otherwise, or violate any of the provisions of
these Bye-laws and the Solid Waste Management Rules, 2016, Such
Departmental action shall include penalties as per Schedule-X (a-d),
initiation of disciplinary action, deductions from salaries or withholding
of salaries itself.
(4) In the event an Agency/Service Provider or Empanelled/
Selected Vendor contravenes or fails to comply with any of the
provisions of the Solid Waste Management Rules, and/or these Bye-
laws, Villianur Commune Panchayat shall have the power to take any one
or more of the following actions:
(i) levy a fine which may extend up to ` 25,000 (Rupees twenty
five thousand) for the first offence and for a second or subsequent
offence with fine which may extend up to twice the penalty amount
for the first offence,
(ii) termination of contract or arrangement with Villianur
Commune Panchayat for C&D Waste Management/Bulk Waste
Management/Solid
Waste
Management,
cancellation
of
Empanelment Certificate or any other authority granted by Villianur
Commune Panchayat; and/or
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(iii) suspension or revocation of any licence to operate any
Solid Waste collection, transportation or processing facility under
these Bye-laws, Solid Waste Management Rules and/or applicable
regulations in Villianur Commune Panchayat jurisdiction for atleast
five years.
(5) Villianur Commune Panchayat is at liberty to initiate
appropriate proceedings under any other law in addition to any action
under these Bye-laws and under suitable clauses of Puducherry Village
and Commune Panchayats Act, 1973 as the case may be such as the
Environment (Protection) Act, 1986, the Indian Penal Code, 1860, the
Water (Prevention and Control of Pollution) Act, 1974, the Air
(Prevention and Control of Pollution) Act, 1981 for violation of any
provisions thereunder.
(6) All amounts collected as spot fines and penalties by and on
behalf of Villianur Commune Panchayat under these Bye-laws shall be
transferred to a separate escrow Bank Account maintained for collection
of service charges/user charges for Solid Waste Management. These
funds shall be used towards Villianur Commune Panchayat's operation
and maintenance costs for providing Solid Waste Management services
under these Bye-laws, salaries of personnel, incentives, grants and other
uses as may be considered appropriate by Villianur Commune Panchayat
from time to time.
CHAPTER X
OTHER RESPONSIBILTIES AND DUTIES OF
VILLIANUR COMMUNE PANCHAYAT
29. Other Responsibilities and Duties of Villianur Commune
Panchayat.—In addition to the responsibilities and duties specified in
other Chapters of these Bye-laws, Villianur Commune Panchayat shall
also have the following additional duties, namely:
(i) Ward Micro Plan Villianur Commune Panchayat shall create
a Solid Waste Management micro plan for every Ward after discussions
with relevant stakeholders and ensure its implementation. The Ward
Micro Plan for SWM shall contain the collection times for different
categories of Solid Waste, details of the collection vehicles and points,
detailed map of the Ward, roads/streets for street sweeping and optimal
route map for collection and transportation of waste, manpower and
other information required for effective implementation of the Solid Waste
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[PART–II
Management as may be considered appropriate by Villianur Commune
Panchayat. This Ward Micro Plan shall be made available to public to
access.
(ii) Regular checks and review of Ward Micro plan The
officers authorised by Villianur Commune Panchayat shall conduct
regular checks in various parts of the Wards and other places of
collection, transportation, processing and disposal of Solid Waste within
its territorial limits to supervise compliance of various provisions of Solid
Waste Management Rules and these Bye-laws. In addition, Authorised
Officers by the Municipality/Government shall monitor and review the
implementation of the Ward Micro Plan and prepare Ward action taken
report on a monthly basis for onward submission to the Commissioner
of Villianur Commune Panchayat, as the case may be. Any Authorised
Officer of Villianur Commune Panchayat shall have right to enter, inspect
at all reasonable times, with such assistance as he considers necessary,
any place for the purpose of (i) performing any of the functions
entrusted to him by Villianur Commune Panchayat under these Bye-laws,
or (ii) determine compliance of the provisions of these Bye-laws. Police
authorities shall render necessary assistance immediately upon request
by Villianur Commune Panchayat is writing.
(iii) Review of the Empanelled Vendors and Agency/Service
Providers Villianur Commune Panchayat shall regularly review the
facilities and operations of the Empanelled Vendors and Agency/Service
Providers to ensure that they are in compliance with the empanelment
conditions (if applicable), provisions of the Solid Waste Management
Rules and these Bye-laws. In the event of any non-compliance, Villianur
Commune Panchayat can take action against the defaulting Empanelled
Vendors and Agency/Service Providers including notice of remedial
action, cancellation of the Empanelment Certificate or contract for
services, imposition of fines and penalties as specified in this Bye laws.
(iv) Publicity and citizen information services Villianur
Commune Panchayat shall publicise the provisions of the Bye-laws
through the print and electronic media, signs, advertisement, leaflets
publishing in Villianur Commune Panchayat website and through any
other appropriate means, so that all citizens are made aware about the
duties of citizens and Villianur Commune Panchayat in relation to
segregation, recycling, littering, nuisance, penalties and fines. Villianur
Commune Panchayat shall provide information about composting,
bio-gas generation, recycling and decentralised processing of waste at
community level by conducting training classes, seminars, workshops.
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(v) Nodal Officers The Commissioner of Villianur Commune
Panchayat shall designate Nodal Officer under him control for each
constituency who shall be responsible for–
(a) implementing the responsibilities of Villianur Commune
Panchayat specified under these Bye-laws;
(b) address grievances of the Waste Generators and suggestions
for improvements in the implementation of the Bye-laws;
(c) levy fines and penalties; and
(d) other functions as may be deemed appropriate by Villianur
Commune Panchayat, from time to time.
(vi) Transparency and public accessibility To ensure greater
transparency and public accessibility, Villianur Commune Panchayat
shall provide the following information, data and reports in relation to
the activities under the Bye-laws on its website or through suitable
information and any other Communication Technologies. This
information shall also be available in the offices of Villianur Commune
Panchayat during its working hours such as,
(a) Name and contacts of the Nodal Officers who shall be
responsible for implementing the obligatory responsibilities of
Villianur Commune Panchayat specified under these Bye-laws;
(b) Monthly data about the quantity of each category of Solid
Waste going to the different waste processing sites and Sanitary
Landfills;
(c) Statistics of complaints and actions taken by Villianur
Commune Panchayat to address the complaints;
(d) Details of SWM Service Charge/User Charges, penalties and
spot fines collected by and on behalf of Villianur Commune
Panchayat in monthly basis;
(e) Details and reports of SWM vehicles movement tracked
through GPS and Smart Data Centre set up for this purpose; and
(f) Reports and status of compliance of various provisions of
the Solid Waste Management Rules and these Bye-laws including
results of regular and surprise checks by Villianur Commune
Panchayat.
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LA GAZETTE DE L'ETAT
[PART–II
(vii) Extended Producer Responsibility Villianur Commune
Panchayat shall monitor and ensure compliance of the extended producer
responsibility of manufacturers and producers under the Solid Waste
Management Rules and the Plastic Waste Management Rules, 2016.
Villianur Commune Panchayat shall engage with the State Government for
ensuring that the funds available under EPR for specific streams of waste
are made available towards the cost for collection, transportation,
processing and disposal of wastes produced by them.
(viii) Regular cleaning and Street Sweeping Villianur
Commune Panchayat shall within its territorial area, be responsible for
cleaning of all public places, streets, roads, markets, parks, gardens etc.,
and ensuring regular system of Street Sweeping through and/or using
mechanical sweeper machines, if necessary. The frequency of Street
Sweeping, location of community bins and related activities shall be
determined by Villianur Commune Panchayat having regard to vehicular
and pedestrian traffic, density of population, extent of commercial
activity, equipment used, labour welfare/safety and local situation in any
public street or public areas as per the normative standards stipulated
by the Government. The Solid Waste collected from these Street
Sweepings shall be segregated if, required and Villianur Commune
Panchayat shall provide for transportation of–
(i) bio-degradable Waste to a convenient Bio-degradable
processing facility;
(ii) non-Biodegradable Waste to DWCC and materials recovery
facility; and
(iii) silt, dust, drain silt and other inert waste to the sanitary
landfill and/or any other processing facility as may be notified by
Villianur Commune Panchayat from time to time.
(ix) Creating Incentives (a) Villianur Commune Panchayat may
consider creating systems for incentives for adoption of
decentralised processing of Bio-degradable Waste such as bio-
methanation and composting such as awarding and recognizing the
Waste Generator by giving certificates and publishing their names
on Villianur Commune Panchayat's website.
(b) Zero-waste neighbourhoods, Appartment Complexes and
Commercial Buildings shall be adequately encouraged by Villianur
Commune Panchayat and/or Agency/Service Provider, as the case
may be.
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(c) Villianur Commune Panchayat shall also devise a system to
encourage its SWM Officials who work towards achieving total
segregation of waste, in situ processing of waste, and creation of
more zero waste neighbourhoods.
(x) Chemical fertilizers (a) Villianur Commune Panchayat shall
phase out the use of Chemical fertilizers and use compost in all
parks, gardens maintained by it and wherever possible in other
places under its jurisdiction.
(b) Preference shall be given to use compost produced at the
small scale composting plants set up at Public Parks, Playgrounds,
Recreation Grounds and Gardens by Villianur Commune Panchayat
and/or the Agency/Service Provider or that obtained from home/
in situ composting done by public.
(xi) Occupational safety (a) Villianur Commune Panchayat shall
ensure occupational safety of its own staff. Staff of the Agency
involved in Solid Waste Management activities may be provided
appropriate and adequate personal protective equipment (PPEs) by
the Agency.
(b) Villianur Commune Panchayat shall also ensure that the
operator of various waste processing facilities provide personal
protection equipment (PPEs) including uniform, fluorescent jacket,
hand gloves, raincoats, appropriate foot wear and masks to all
workers handling Solid Waste and these are used by the workforce.
In case of an accident at any processing and/or disposal facilities,
the operator or person-in-charge of such facility shall report to the
Police and Villianur Commune Panchayat in the format specified in
the Solid Waste Management Rules, 2016. The head of Villianur
Commune Panchayat shall review the form, conduct an enquiry if,
necessary and issue appropriate instruction to the operator or
person-in- charge of the facility with respect to compensation,
medical expenses, rectification of the process or machinery that
caused the accident among others, as per prevailing laws.
(xii) Grievance redressal (a) Villianur Commune Panchayat shall
strengthen its public grievance redressal system(s) including
Swachtatha App making it accessible 24x7 for registering complaints
regarding non-collection of Solid Waste, littering of waste,
violations of these Bye-laws among others. These systems could
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[PART–II
be mobile applications, complaint centre, call centre, e-mail, social
media forums like WhatsApp/Twitter, and/or any other mechanism
which Villianur Commune Panchayat may consider appropriate
keeping in mind the population and quantity of Solid Waste
generated. Hence, the grievance may be submitted to the Villianur
Commune Panchayat/Service Provider through telephone, e-mail,
post, on the mobile application and/or in person by any citizen
within the Territorial limits of Villianur Commune Panchayat.
(b) Villianur Commune Panchayat shall ensure that each SWM
grievance is redressed and informed to the citizen in a timely and
efficient manner.
(xiii) Training and public awareness (a) Villianur Commune
Panchayatby its staff or other agency or service provider or reputed
agency shall ensure to create awareness to informal waste pickers
to collect the waste in segregated form and to transport as per
Solid Waste Management Rules, 2016 and procedure laid down in
these Bye-laws.
(b) Villianur Commune Panchayat by itself or through experts in
the field undertake awareness and outreach programmes about
management of Solid Waste, responsibility of each stakeholder
under the Solid Waste Management, Rules and these Bye-laws,
reduction and minimising of Solid Waste and grievance redressal
mechanisms under the Bye-laws.
(c) Villianur Commune Panchayat shall prepare and publish lists
of composting experts, licensed scrap dealers, dealers of
recyclables, container/bin manufacturers, agencies with expertise in
recycling, etc., who are registered by Villianur Commune Panchayat
on its website so as to facilitate and support the citizens in
processing their Solid Waste.
(d) Villianur Commune Panchayat, shall, carry out awareness
activities to achieve stream-wise segregation, waste reduction
through in situ composting and better management of SWM
through training of workers in the wards through the Link workers
in the wards.
(xiv) Conversion of all Government Offices and Schools within
Villianur Commune Panchayat jurisdiction into zero waste campuses
and home composting of waste by offices:
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(a) Villianur Commune Panchayat shall make efforts to ensure
that all Government Offices (Central, State and Local Government)
practice in situ processing of Solid Waste thereby transforming
them into Zero Waste Campuses and become a model for others.
(b) As far as possible all Government Officials residing within
the Territorial jurisdiction of Villianur Commune Panchayat shall be
expected to compost their wet waste within their premises, thereby
serving as an example for other residents to follow.
(xv) Funds for Solid Waste management The Government shall
make adequate provision of funds for capital investments as well as
operation and maintenance of Solid Waste Management services in the
annual budget. Villianur Commune Panchayat shall prepare an annual
Action Plan seeking budgetary permission from Government and submit
it well in advance to meet the objectives towards Solid Waste
Management, Rules and Bye-laws.
(xvi) Reduction of waste Villianur Commune Panchayat shall
make efforts to minimize and reduce the generation of Solid Waste by
discouraging the production, sale and consumption of products
containing unnecessary packaging material, disposable products through
awareness programs and provision of incentives. The ` 3 of Reduce,
Reuse and Recycle would be the guiding principle in waste handling and
processing.
(xvii) Management of Legacy Waste Villianur Commune
Panchayat, shall investigate and analyse all open dumpsites to undertake
management of Legacy Waste in old dumpsites and landfills through
appropriate measures such as bio-mining and bio-remediation as per the
guidelines for Disposal of Legacy Waste issued by CPCB in accordance
with Solid Waste Management Rules, 2016 . The site containing legacy
waste shall be capped as per the landfill capping norms to prevent further
damage to the environment in the absence of the potential of bio-mining
and bio-remediation options.
(xviii) Enforcement of Plastic Ban (a) The penalty will be
levied for violation of the provisions of Bye-Laws For Plastic Waste
Management (Amendement), 2021, Notified in the Extraordinary
Official Gazette Part II, No. 18, dated 18-04-2022.
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[PART–II
(b) Strict action will also be taken to close and seal the
premises/suspend or even cancel the Trade Licence of those shops
and establishments who continue using banned plastic even after
two repeated warnings with in a month and levy of penalty for the
same.
(c) The fines and penalties shall also be applicable on customers
and general public who use single use plastics as banned in
Bye-laws For Plastic Waste Management (Amendement), 2021,
Notified in the Extraordinary Official Gazette Part II, No. 18, dated
18-04-2022.
(d) Villianur Commune Panchayat shall have a right to conduct raids,
seize banned plastic manufactured/stocked/being transported/sold.
Also Villianur Commune Panchayat is empowered to seal the
premises/vehicles of such single use plastic manufacturing units/
commercial establishment/godowns and levy penalties in
accordance with Plastic Waste Management Rules, 2021.
(e) All the seized banned plastics shall be shredded and stored
at any of the designated facilities of Villianur Commune Panchayat
before they are utilized for permissible uses such as laying of roads,
co-processing, RDF feedstock, etc. No seized banned plastics shall
be returned to its owner.
CHAPTER XIII
MISCELLANEOUS
30. Coordination with Government bodies.—Villianur Commune
Panchayat shall co-ordinate with other Government Agencies and
authorities, to ensure compliance of these Bye-laws within areas under
the jurisdiction or control of such bodies and all such Government
Agencies and authorities shall render necessary assistance without fail.
31. Review of implementation.—Villianur Commune Panchayat will
review the effective implementation of these Bye-laws and whether any
amendments or updating is required, atleast with in every three year or
earlier if, felt necessary, and take appropriate steps to ensure course
correction such as evaluation of Villianur Commune Panchayat’s
achievements against its targets.
32. The guidelines issued by the Ministry from time to time and
the details envisaged in such guidelines shall be applied in the Bye-law
also.
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SCHEDULE I
(See Bye-law CHAPTER II)
ILLUSTRATIVE LIST OF BIO-DEGRADABLE WASTE,
RECYCLABLE NON-BIO-DEGRADABLE WASTE, DOMESTIC
HAZARDOUS WASTE BIOMEDICAL WASTE AND BULKY WASTE
PART-A
Illustrative list of Bio-degradable Waste
(i) Kitchen waste including tea leaves, egg shells, fruit and vegetable
peels, leftover and/or stale food.
(ii) Organic market waste such as fruit and vegetable peels, rotten
and/or spoilt vegetables and fruits.
(iii) Meat and bones
(iv) Garden and leaf litter, including flowers
(v) Coconut shells
(vi) Wood/leaf ashes
PART-B
Illustrative list of Recyclable Non-Bio-degradable Waste* (listed items/articles)
(i) Newspapers
(ii) Paper, books and magazines
(iii) Glass
(iv) Metal objects and wire
(v) Plastic
(vi) Aluminum cans
(vii) Rexene
(viii) Rubber
(ix) Wood/furniture
(x) Packaging
(xi) Fabrics
(xii) Styrofoam
(xiii) Thermocol
* The above are sample lists and will be customized (i.e., items to be
added or removed) by each Villianur Commune Panchayat based on
the identified processing and recycling destinations for each item.
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[PART–II
PART – C
Illustrative list of Hazardous Waste
(i) Aerosol cans
(ii) Batteries
(iii) Bleaches and household kitchen and drain cleaning Agent
(iv) Car batteries, oil filters and car care products and consumables
(v) Oils, chemicals and solvents and their empty containers
(vi) Cosmetic items, chemical-based insecticides and their empty
containers.
(vii) Medicines including expired medicines
(viii) Paints, oils, lubricants, glues, thinners, and their empty containers
(ix) Pesticides and herbicides and their empty containers
(x) Photographic chemicals
(xi) Soft foam packaging from new equipment
(xii) Thermometers and mercury-containing products
PART-D
Illustrative list of Biomedical Waste
[Refer Bye-law 3.8 (iii)]
(For a complete list, please refer to Schedule I of
Biomedical Waste Management Rules, 2016)
(i) Items contaminated with blood, body fluids like dressings, plaster
casts, cotton swabs and bags containing residual or discarded
blood and blood components.
(ii) Expired or discarded medicines such as pharmaceutical waste like
antibiotics, cytotoxic drugs including all items contaminated with
cytotoxic drugs along with glass or plastic ampoules, vials etc.
(iii) Discarded linen, mattresses, beddings contaminated with blood or
body fluid.
(iv) tubing, bottles, intravenous tubes and sets, catheters, urine bags,
needles, scalpels, blades, syringes (without needles and fixed
needle syringes) and vacationers with their needles cut and gloves.
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PART – E
Illustrative list of Bulky Waste
(Refer Bye-law 3.12)
(i) Furniture and Furnishings such as wardrobes, tables, chairs, shoe
racks, computer tables, beds, cots, chair, dining tables, sofas etc.,
(ii) Kitchen utensils
(iii) Mattresses
(iv) Musical instruments that do not qualify as E-waste
SCHEDULE II
(See Bye-Law CHAPTER VII)
PUBLIC NOTICE NOTIFYING BULK WASTE GENERATOR
Whereas, the Solid Waste Management (SWM) Rules, 2016 notified
by the Government on April 08, 2016 mandate the Bulk Waste Generators
of Solid Waste and specified new constructions to carry out certain
waste management functions by themselves, the Villianur Commune
Panchayat, notwithstanding any other rule/provision, hereby directs all
Bulk Waste Generators of Solid Waste defined as (i) generating 50 kg. or
more of Solid Waste (from all waste streams) per day or (ii) gated
communities, Central Government Departments or Undertakings, State
Government Departments or Undertakings, Local Bodies, Public Sector
Undertakings or Private Companies, Hospital, Nursing Homes, Schools,
Colleges, Universities, Other Educational Institutions, Hostels, Hotels,
Commercial Establishments, Theaters, Markets, Places of Worship, Stadia
and Sports Complexes etc., with an area of 5,000 sqm. or more or
generating more than 50 kgs. or more of Solid Waste, to implement the
provisions of the Solid Waste Management Rules, 2016 and the Bye-laws
thereof notified by Villianur Commune Panchayat available at website at
http://[email protected]/ not later than 60 days (by date .......................)
from the date of this notice, including segregation of Solid Waste into
5 (five) categories/streams (Bio-degradable, Non-Biodegradable,
Domestic Hazardous Waste including sanitary waste, Bulk Garden and
Horticulture waste and Electronic or E-Waste) at source and in-
premises processing and treatment of Bio-degradable Waste. Detailed
instructions are available in the Bye-laws available at website at
http://[email protected]/
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LA GAZETTE DE L'ETAT
[PART–II
All RWAs, Market Association Members, Hotels and Restaurants
etc., will be classified as Bulk Generators as defined unless they submit
within the notice period, a self-declaration of generating less than 50 kgs.
of waste from their premises or 5,000 sq.m. or more than 25 dwelling
units. Such self-declaration will be subject to verification and applicable
penal costs (up to `
.......................) if, found untrue. Such
self-declarations shall be submitted to Villianur Commune Panchayat
within 20 days (by date .......................) of this notice for enabling
verification. Self-declarations sent/submitted after the due date will be
summarily rejected.
Any violation of the Solid Waste Management Rules, 2016 and/or
these Bye-laws for Bulk Waste Generators after 60 days of this notice
(after date ............................) will attract applicable penal charges/fines
(up to ` .......................) as stated in the Bye-laws of Villianur Commune
Panchayat.
Place :
COMMISSIONER,
Villianur Commune Panchayat.
————
SCHEDULE III
(See Bye-law CHAPTER VII)
INDIVIDUAL NOTICE FORMAT FOR BULK WASTE GENERATORS
No.
Date :
To :
<Insert name of the proposed Bulk Waste Generator>
Sir/Madam/Messers,
Subject : OM — BWG — Categorization as Bulk Waste Generator.
Considering the waste generated due to activities/business carried
out in your premises and/or area occupied by you, the Competent
Authority, Villianur Commune Panchayat has designated you as Bulk
Waste Generator. Accordingly, you are hereby directed to comply with
the provisions of the Solid Waste Management Rules, 2016, Bye-laws and
implement segregation of waste at source, segregated storage within
premises and processing and treatment of Bio-degradable Waste within
premises or processing tied-up with an Empanelled vendor or a Vendor
selected by you.
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In case, if, you claim that you are not to be a Bulk Waste Generator,
you are required to submit a self-declaration to that effect within 20 days
otherwise it will be deemed that you have no objection to be classified
as a Bulk Waste Generator.
The self-declaration pro forma is attached herewith (also available
in http://oulmun.in/) which should be filled up and submitted to Villianur
Commune Panchayat's designated officers and acknowledgment
obtained, which will serve as "Certificate of Non-Bulk Waste Generator''
till a verification certificate is issued. In case, your self-declaration is
found untrue, the same will be cancelled and penalties in accordance with
the Bye-laws will be levied.
COMMISSIONER,
Villianur Commune Panchayat.
————
SCHEDULE IV
(See Bye-law CHAPTER VII)
SELF-DECLARATION FORMAT
(for Non-Bulk Waste Generator)
Date :
I/We/M/s. ............................. located at premises ............................
(address) ........................................................................................................,
(phone) .............................................. (mobile) ..............................................,
(e-mail) ............................................... and holder of ................................
Urban Local Body Occupancy Certificate/Property Tax Assessment
No. ...................... or Trade Licence No.
I/We/M/s. ............................. hereby self-declare that the total
daily Solid Waste generated from our premises is less than 50 kgs.,
hence, not a Bulk Waste Generator.
I/We/M/s. .......................... understand that the .................................
Villianur Commune Panchayat is free to enter the premises to check and
verify the quantity of Solid Waste generated in the premises. During any
such verification, if 50 kg. or more Solid Waste is found generated,
5,000 sq.m./25 dwelling units this self-declaration becomes void and
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LA GAZETTE DE L'ETAT
[PART–II
I/we/M/s. can be categorized as Bulk Waste Generator and Villianur
Commune Panchayat can impose penal charges as applicable from the
date of effect for Bulk Waste Generator's responsibilities as per public
notice.
(Authorized signatory)
For the Premises Occupier/Owner
To :
The Commissioner,
Villianur Commune Panchayat.
————
SCHEDULE V
FORM OF ANNUAL RETURN BY A WASTE GENERATOR
WHO DOES NOT USE THE SERVICES OF
VILLIANUR COMMUNE PANCHAYAT AND/
OR ITS AGENCY/SERVICE PROVIDER
Sl.
Heading
Details
No.
(1)
(2)
(3)
1
Name and address of the Waste Generator–
Phone Number :
E-mail Address :
2
Type of Waste Generator–
Domestic household
Commercial shop or establishment
Educational Institutions, School, College
and Research Institutes Government Offices,
Courts and other Premises occupied by the
local, State or Central.
3
Total quantity of Solid waste generated–
Quantity of Solid Waste generated per year
Per capita waste generated per year.
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PART–II]
LA GAZETTE DE L'ETAT
4
Percentage of households/segregating the
waste at source.
5
Name and address of the Empanelled/
Selected Vendor, if any.
6
Whether Bio-degradable Waste is processed
Yes/No
on site or through Empanelled/Selected Vendor.
7
Quantity of the Bio-degradable Waste
collected per year.
8
Details
of
technologies
adopted
for
processing–
Composting
Q
u
a
n
i
t
y
B i o - d e g r a d a b l e
Waste
processed
per Year.
Quanity of produced
per year.
Q u a n t i t y
o f
residual
waste
generated per year.
Bio-methanation
Q u a n t i t y
B i o - d e g r a d a b l e
Waste
processed
per Year.
Quantity of biogas
produced per year.
Q u a n t i t y
o f
r e s i d u a l w a s t e
generated per year.
9
Quantity of the Non-biodegradable collected
per year.
10
Quantity of the Domestic Hazardous Waste
collected per year.
(1)
(2)
(3)
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[PART–II
SCHEDULE VI
(See Bye-law CHAPTER III)
REQUISITION FOR STORING OF CONSTRUCTION AND
DEMOLITION (C&D) WASTE
Date :
From :
< Name of the C& D Waste Generator>
< Address of the C&D Waste Generator>
< Contact No.>
To :
The Commissioner,
Villianur Commune Panchayat,
Puduc herry.
Sir,
Sub. : Permission for storing of Construction and Demolition
Waste — Reg.
* * * *
I hereby request to permit to store Construction and Demolition
Waste generated from my premises/in place allotted by Villianur
Commune Panchayat at ...................... from ...................... to .......................
The approximate quantity will be around .............................. tonne/m3.
(The days can't exceed two calendar days at any cost).
Place :
Yours faithfully,
(Name and Signature of the applicant)
Permission by Villianur Commune Panchayat
The request is granted to store C&D Waste in the premises of the
applicant/...................... (place allotted by Villianur Commune Panchayat)
from .................................................... to ................................................
Failure to comply with this permission will effect time as given in the
Schedule-X(d). Every two days the stored C&D Waste shall be
transported to the C&D waste yard without fail.
Place :
COMMISSIONER/ASSISTANT ENGINEER/
Date :
JUNIOR ENGINEER OF RESPECTIVE
CONSTITUENCY.
239
PART–II]
LA GAZETTE DE L'ETAT
SCHEDULE VII
(See Bye-law CHAPTER III)
FORM FOR TRANSPORTING OF CONSTRUCTION AND
DEMOLITION (C&D) WASTE
Date :
From :
< Name of the C& D Waste Generator>
< Address of the C&D Waste Generator>
< Contact No.>
To :
The Commissioner,
Villianur Commune Panchayat,
Puducherry.
Sir,
Sub. : Permission for transporting of Construction and Demolition
Waste — Reg.
* * * *
I hereby request you to take steps to transport the Construction
and Demolition Waste generated and stored in my premises/place allotted
by Villianur Commune Panchayat at ......................................... to the C&D
yard notified by the Villianur Commune Panchayat. The approximate
quantity is around ......................... tonne/m3.
Yours faithfully,
(Name and Signature of the applicant)
————
240
LA GAZETTE DE L'ETAT
[PART–II
SCHEDULE VIII
(See Bye-law CHAPTER III)
SOLID WASTE MANAGEMENT SERVICE CHARGE/USER
CHARGE/LICENCE FEE
ANNEXURE II
Sl.
Category of Waste and
Rate of
Period
No.
Waste Generator
Collection
Charges
(1)
(2)
(3)
(4)
`
1
Residential houses/buildings with plinth
Nil
area up to 1,000 sq.ft.
2
Residential houses/buildings with plinth
50
Per
area of more than 1,000 sq.ft. but, up to
Month
2,000 sq.ft.
3
Residential houses/buildings with plinth
100
area of more than 2,000 sq.ft.
————
241
PART–II]
LA GAZETTE DE L'ETAT
242
LA GAZETTE DE L'ETAT
[PART–II
243
PART–II]
LA GAZETTE DE L'ETAT
244
LA GAZETTE DE L'ETAT
[PART–II
245
PART–II]
LA GAZETTE DE L'ETAT
ANNEXURE IV
Sl.
Category of Waste and
Rate of
Period
No.
Waste Generator
Collection
Charges
(1)
(2)
(3)
(4)
`
1
Street vendors using mobile cart or without
30
Per
mobile cart.
Month
2
Street Vendors like Tender Coconut, Sugar.
100
Per
200
daycane
(for more
Juice,
than 50 Kg.)
Sweet
Palm fruit
sellers.
3
Desludging of Septic tanks.
3,800
per Trip
(One Trip
8000 litres)
4
Desludging Septic tanks.
3,800
per Trip
(One Trip
8000 litres)
5
Licence charge for Desludging Vehicles to
1,000
Per
Consent to operator.
Annum
6
Inspection Charges for issuing Sanitation
Certificates.
(i) Schools/Colleges/Institutions
5,000
(ii) Non-Star Hotels
5,000
Per Annum
(iii) Star Hotels
10,000
7
Bulky waste from all non bulk waste generators
2.50
like Residential, Commercial and non-commercial
per Kg.
activities.
8
Bulky waste from bulk waste generators
3
including Residential, Commercial, Industrial,
per Kg.
Hotels, Kalyanamandabam and Health Care
Establishments.
246
LA GAZETTE DE L'ETAT
[PART–II
ANNEXURE V
Payable By Bulk Waste Generators
For Bulk Waste Generators who do not process their own Solid
Waste onsite or have not engaged an Empanelled Vendor for Solid Waste
management services, the SWM Service Charge shall be–
` per kg.
1.
For collection, transport and processing
4.00
Bio-degradable Waste, Non-Biodegradable
Domestic Hazardous Waste, Sanitary and
E-waste.
2.
For collection, Transport Bio-degradable.
3.00
3.
For collection, transport and processing of
2.50
Per day
Non-Bio-degradable waste.
4.
For collection, transport and processing
4.00
Domestic Hazardous Waste and Sanitary
Waste.
5.
For collection, transport Bulky wastes.
2.00
————
ANNEXURE VI
Payable by Construction and Demolition Waste Generators
`
1.
Permission for storing in public place earmarked 1,000/
Per
by designated municipal authorities.
Tonne
day
2.
Charges for transportation of segregated C&D 1,000
Tractor
waste by Commune Panchayat (including loading)*
load
3.
Charges for transportation of unsegregated waste 1,500
Tractor
by Commune Panchayat (including loading)*
load
4.
Charges for dumping of C&D waste at designated
200
Tractor
place.
247
PART–II]
LA GAZETTE DE L'ETAT
5.
Sale of C&D/Silt waste from designated collection 200
Tractor
centre (without transportation).
load#
6.
Sale of C&D waste from designated collection 1,000
Tractor
center (with transportation).
load#
Note:
*
Even part load will be consider as full load.
#
Maximum 2 Cubic meter consider as tractor load.
————
SCHEDULE IX (a)
(See Bye-law CHAPTER VII)
DEPOSIT FOR CONDUCTING EVENTS AND PUBLIC GATHERINGS
Sl.
Purpose of
Deposit Amount based on No. of people
No.
Function
at event/per day
No of
< 5000
5001-10,000 10,000 -25,000
>25,000
Participants
1
` 10,000
` 15,000
` 25,000
` 50,000
————
SCHEDULE IX (b)
(See Bye-law CHAPTER III)
DEPOSIT FOR CONSTRUCTION AND
DEMOLITION WASTE STORAGE PERMISSION
Sl. No.
Description
Amount
(1)
(2)
(3)
`
1
Application Scrutiny Fee for C&D Bulk waste
1000/
Project
248
LA GAZETTE DE L'ETAT
[PART–II
SCHEDULE X (a)
(See Bye-law CHAPTER IX)
SCHEDULE OF PENALTY
Sl.
Non-compliance and type of
Penalty/fine
Penalty for
No.
Waste Generator
for the first
the second
offence
and
subsequent
offence
(1)
(2)
(3)
(4)
`
`
1
Failure to segregate and/or handover
Solid Waste according to these
Bye-laws by–
(i) By Domestic Waste Generator (who
500
1,000
are not Bulk Waste Generators).
(ii) Small commercial establishments
1,000
2,000
(iii) Bulk Waste Generators.
2,500
5,000
2
Failure to segregate Solid Waste
according to these Bye-laws littering/
handing over waste to unauthorized
waste collectors by–
(i) By Waste Collector (including
1,000
2,000
SWM officials) who collects mixed
waste or mixes different streams of
waste and transports from NBWG.
(ii) By Waste Collector (including
2,500
5,000
SWM officials) who collects mixed
waste or mixes different streams of
waste and transports from BWG.
3
Disposal of Solid Waste by burning,
5,000
dumping and/or unauthorized burial by
any Waste Generator (who is not a
Commercial or Bulk Waste Generator)*
249
PART–II]
LA GAZETTE DE L'ETAT
4
Disposal of Solid Waste by Burning,
25,000
Dumping and/or Unauthorised Burial
by
a
Commercial/Bulk
Waste
Generator*.
5
Failure to deliver (non-household) fish,
1,000
2,000
poultry and slaughterhouse waste in a
segregated manner to the waste
collector as specified in the Bye-laws
or dumping of (non household) fish,
poultry and slaughter house waste in
community bin, Receptacle, public
place or any other unauthorised place.
6
For a Street Vendor without container/
300
500
waste basket and/or who does not
deliver Solid Waste in a segregated
manner as specified in the Bye-laws.
7
Failure to comply with any lawful
500
1,000
directions issued by the Commissioner
to ensure cleanliness and hygiene of
Road, Bus Station, Railway Station,
Street, Playground, Park and other
premises of public utility.
8
(i) Indiscriminate throwing in public/
500
1,000
private place.
(ii) Irregular deposit of rubbish or filth
or any other solid matter.
9
Vacant Sites/House holds/Apartments
left unattended in a filthy and
unhygienic manner/causing stagnation
of water owner heading to public
health Hazard.
House
: 2,000
Holds
Apartment: 5,000
Vacant
: 10,000
Plots
House
: 4,000
Holds
Apartment: 10,000
Vacant
: 20,000
Plots
(1)
(2)
(3)
(4)
`
`
* As per NGT directions dated 15-3-2019 with regard OA No. 606 of 2018.
250
LA GAZETTE DE L'ETAT
[PART–II
10
Discharging of fecal sludge in unauthorized
2,500
5,000
place. (other than P.W.D. Sewage
Treatment Plant at Karuvadikuppam).
11
Non-maintenance of Public toilet
500
1,000
Commercial Toilet by Service provider
(NGO, SHG, Temple Trustee, etc.).
12
Letting out of sewage/sullage on road
500
100/
sides were drains are not constructed
day
so far.
13
Letting out of sewage/sullage in side
500
100/
drains (open drains) where underground
day
drainage facility is available.
14
Rearing of Cattles (Cows/Buffaloes)
500/
1,000/
without obtaining licence from
cattle
cattle
Municipality.
15
Letting out of cow dung in roads/open
1,000
1,000/
drainage/underground drainage.
day
16
Indiscriminate dumping of cow dung in
1,000
1,000/
Public/Private places.
day
17
Letting out of Cattles in public areas.
3,000/
To be
cattle
seized and
auctioned.
18
Letting out of pet animals in public areas.
200/
500/
(unmanned)
animal
animal
19
Rearing of pigs in Municipal limit To be seized and auctioned
(even in their own premises)
without notice including a
fine of ` 200/pig.
20
Littering, spitting, urinating, open
500
1,000
defecating or committing any other
acts of Public Nuisance.
(1)
(2)
(3)
(4)
`
`
251
PART–II]
LA GAZETTE DE L'ETAT
21
Failing to provide toilet facility in a
1,000
1,000/
residential premises, (in the event of
day
non-availability of public/community
toilets within 500 meters.
22
Littering of flowers/Reed grass etc.,
5,000/
10,000/
on roads and public places other than Occassion
Occassion
burial ground/cremation ground on eve
of death/any occasion/function.
23
Manual Hazardous Entry without safety
Penalty as per
gears (Fine imposed on owner).
PEMSRA, 2013.
All penalties to be levied as notified in Bye-laws for Plastic Waste
Management, 2021, in the Extraordinary Gazette Part-II, No. 18, dated
18-04-2022 and subsequent amendments.
————
SCHEDULE X (b)
SCHEDULE OF PENALTY (IN INDIAN RUPEES)
Sl. No.
Penalty for untrue self-declaration by
Penalty/Fine for
Bulk Waste Generator
the offence
(1)
(2)
(3)
`
1
50 Kg. to 75 Kg.
1,000/Day
2
75 Kg. to 100 Kg.
1,500/Day
3
> 100 Kg.
2,000/Day
————
(1)
(2)
(3)
(4)
`
`
252
LA GAZETTE DE L'ETAT
[PART–II
SCHEDULE X (c)
(See Bye-law CHAPTER IX)
PENALTY FOR NON-COMPLIANCE AT
EVENTS AND PUBLIC GATHERINGS
Sl.
Offence
Penalty amount based on
No.
No. of people at event
No of People
< 5000
5,001-
10,000- >25,000
10,000
25,000
1
Carrying out event without
2,500
5,000
10,000
50,000
permission.
2
Violation of plastic ban.
3,500
7,000
25,000
50,000
(a) Plastic and NWPP bags.
3,500
7,000
25,000
50,000
(b) Plastic/Thermocol for serving
3,500
7,000
25,000
50,000
food and beverages
(c) Use of flex, plastic sheets, etc. 3,500
7,000
25,000
50,000
3
Failure to tie up with an authorized
2,500
5,000
20,000
40,000
vendor for management of waste
from the event venue.
4
Non-provision of waste receptacles
2,500
5,000
20,000
40,000
for depositing segregated waste.
5
Failure to store segregated waste at
5,000
10,000
50,000 1,00,000
event venue
6
Burning of waste on premises
5,000
10,000 1,00,000 2,00,000
(or at any other site) or disposal
non-compliant with SWM Rules, 2016.
————
253
PART–II]
LA GAZETTE DE L'ETAT
SCHEDULE X (d)
(See Bye-law CHAPTER IX)
PENALTIES FOR CONSTRUCTION AND DEMOLITION WASTE
Sl.
Type of Violation
Penalty
No.
per tonne
(1)
(2)
(3)
`
1
Dumping of C&D waste in front of houses, parks
3,000
or at any other public space.
2
For not delivering Construction and demolition
1,000
waste in a segregated manner to designated C&D
waste storage yard.
3
Mixing construction debris with wet waste.
500
4
Dumping waste in open spaces, river beds, Canal
3,000
and quarries.
————
online publication at “https://styandptg.py.gov.in”
Published by the Director, Government Press, Puducherry.