[ 469 ]

NETTAPAKKAM COMMUNE PANCHAYAT, PUDUCHERRY

F.No. 15646/Works/NCP/2022-23.

Nettapakkam, dated 15th February 2023.

NOTIFICATION

In exercise of the powers conferred by section 320 of the

Puducherry Village and Commune Panchayat Act, 1973 (No. 10 of 1973),

read with under sections 3, 6 and 25 of the Environment [Protection Act,

1986 (29 of 1986)], the Solid Waste Management Rules 2016 notified by

the Ministry of Environment, Forest and Climate Change, Government

of India on 08-04-2016, the following proposed Bye-laws incorporating

the said rules is hereby published as Draft Bye-laws for information of

all persons likely to be affected and notice is hereby given that the said

rules shall be taken into consideration for compliance of the general

public within 30 days from the date of its publication in the Official

Gazette.

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No. 28 Poudouchéry Mardi

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7th

March

2023

(16 Phalguna 1944)

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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. The objections

or suggestions may be addressed to the Commissioner, Nettapakkam

Commune Panchayat, Nettapakkam, Puducherry-605 107.

N. JAYAKUMAR,

Commissioner.

DRAFT BYE-LAWS

1. Short Title and commencement.— (1) These Bye-laws may be

called “Draft Bye-Laws for Solid Waste Management, 2022”.

2. Application.— These rules shall apply to every Urban Local

Body, outgrowths in urban agglomerations, census towns as declared

by the Registrar-General and Census Commissioner of India, notified

areas, notified industrial townships, areas under the control of Indian

Railways, Airports, airbases, Ports and Harbours, Defence Establishments,

Special Economic Zones, State and Central Government Organisations,

places of pilgrims, religious and historical importance as may be notified

by respective State Government from time to time and to every domestic,

institutional, commercial and any other non residential solid waste

generator situated in the areas except industrial waste, hazardous waste,

hazardous chemicals, bio medical wastes, e-waste, lead acid batteries

and radio-active waste, that are covered under separate rules framed

under the Environment (Protection) Act, 1986.

3. Definitions.— (1) In these rules, unless the context otherwise

requires,-

1. “aerobic composting” mean, a controlled process involving

microbial decomposition of organic matter in the presence of oxygen;

2. “anaerobic digestion” mean, a controlled process involving

microbial decomposition of organic matter in absence of oxygen;

3. “authorisation” means, the permission given by the State

Pollution Control Board or Pollution Control Committee, as the case may

be, to the operator of a facility or urban local authority, or any other

agency responsible for processing and disposal of solid waste;

4. “biodegradable waste” mean, any organic material that can

be degraded by micro-organisms into simpler stable compounds;

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5. “bio-methanation” means, a process which entails enzymatic

decomposition of the organic matter by microbial action to produce

methane rich biogas;

6. “brand owner” mean, a person or company who sells any

commodity under a registered brand label.

7. “buffer zone” mean, zone of no development to be maintained

around solid waste processing and disposal facility, exceeding 5 TPD

of installed capacity. This will be maintained within total and area allotted

for the solid waste processing and disposal facility.

8. “bulk waste generator” mean, and include 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, stadia and sports

complexes having an average waste generation rate exceeding 100kg per

day;

9. “bye-laws” means, regulatory framework notified by Local

Body, census town and notified area townships for facilitating the

implementation of these rules effectively in their jurisdiction.

10. “census town” mean, an urban area as defined by the

Registrar-General and Census Commissioner of India;

11. “combustible

waste”

mean,

non-biodegradable,

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

minimum calorific value exceeding 1500 kcal/kg and excluding chlorinated

materials like plastic, wood pulp, etc;

12. “composting” means, a controlled process involving

microbial decomposition of organic matter;

13. “contractor” means, a person or firm that undertakes a

contract to provide materials or labour to perform a service or do a job

for service providing authority;

14. “co-processing” means, use of non-biodegradable and

non-recyclable solid waste having calorific value exceeding 1500k/cal

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;

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[PART–II

15. “decentralised processing” mean, establishment of

dispersed 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;

16. “disposal” means, the final and safe disposal of post

processed residual solid waste and inert street sweepings and silt from

surface drains on land as specified in Schedule I to prevent

contamination of ground water, surface water, ambient air and attraction

of animals or birds;

17. “domestic hazardous waste” mean, discarded paint drums,

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

thermometers, used batteries, used needles and syringes and

contaminated gauge, etc., generated at the household level;

18. “door to door collection” mean, collection of solid waste

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

offices , institutional or any other non residential premises and includes

collection of such waste from entry gate or a designated location on

the ground floor in a Housing Society, multi-storied building or

apartments , large residential, commercial or institutional complex or

premises;.

19. “dry waste” mean, waste other than bio-degradable waste

and inert street sweepings and includes recyclable and non-recyclable

waste, combustible waste and sanitary napkin and diapers, etc;

20. “dump sites” mean, a land utilised by local body for

disposal of solid waste without following the principles of sanitary land

filling;

21. “Event” means, any gatherings for the purpose of functions,

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

cinema shootings, etc., in public places;

21. “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;

22. “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;

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23. “Empanelled Vendor” means, any company, registered

Society, Trust, partnership, limited liability partnership and or registered

entity including registered organization of Waste Pickers and or Waste

Traders empanelled with Nettapakkam Panchayat for providing services

relating to Solid Waste Management after Nettapakkam 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 SWM Rules and these Bye-laws.

22. “facility” means, any establishment wherein, the solid waste

management processes namely segregation, recovery, storage, collection,

recycling, processing, treatment or safe disposal are carried out;

23. “Familiarization/warning period” mean, that specific period,

during which there is a relaxation in the fines for contravention of these

Bye-laws;

24. “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

25. “Form” means, a Form appended to these rules;

26. “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;

27. “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 inc lude 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.

28. “inerts” means, wastes which are not bio-degradable,

recyclable or combustible street sweeping or dust and silt removed from

the surface drains;

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[PART–II

29. “incineration” means, an engineered process involving

burning or combustion of solid waste to thermally degrade waste

materials at high temperatures;

30. “informal waste collector” include individuals, associations

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

recyclable materials;

31. “leachate” means, the liquid that seeps through solid waste

or other medium and has extracts of dissolved or suspended material

from it;

32. “Litter” means, all refuse and includes any other waste

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

Bye-laws, tends to create un cleanliness or a danger or nuisance to

public health, safety or welfare.

33. “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.

34. “Local Body” for the purpose of these rules means and

includes the Municipal corporation, Nagar Nigam, Municipal Council,

Nagarpalika, Nagar Palikaparishad, Municipal Board, Nagar Panchayat

and Town Panchayat, Village Panchayat, census towns, notified areas

and notified industrial townships with whatever name they are called in

different States and Union Territories in India;

35. “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

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

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

36. “Materials Recovery Facility (MRF)” mean, a facility where

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

Body or any other entity mentioned in rule 2 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 for the purpose

before the waste is delivered or taken up for its processing or disposal;

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37. “Neighborhood” means, a clearly defined locality, with

reference to its physical layout, character or inhabitants;

38. “New construction” mean, all buildings under construction

within the limits of the Mannadipet Commune Panchayat;

39. “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.

40. “Nuisance Detectors (NDs)” mean, those employees of the

Mannadipet 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.

41. “non-biodegradable waste” mean, any waste that cannot be

degraded by microorganisms into simpler stable compounds;

42. “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) (ii) room(s) and/or similar

premises for occupation or use;

(iii) An owner in occupation of, or otherwise using his land,

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

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

similar premises;

(v) A licensee in occupation of any land, building(s), room(s)

and/ or similar premises;

(vi) 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

(vii) Relevant Head of a Government Department or Office, in

respect of properties under their respective control;

43. “Operator of a facility” mean, a person or entity, who owns

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

Body and any other entity or agency appointed by the Local Body;

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[PART–II

44. “Owner” means, any person who exercises the rights of an

owner of any building, or land or part thereof;

45. “Point to Point Collection” mean, the system of collection

of Solid Waste from specific pickup points as designated by

Nettapakkam 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 Nettapakkam

Commune Panchayat and/or the Agency/Service Provider;

46. “PPCC” means, the Puducherry Pollution Control Committee.

47. “Processing Fee” mean, a fee or support price as determined

by Nettapakkam Commune Panchayat to be paid to the owner/

concessionaire or operator of waste processing facility or for disposal

of residual solid waste at the land fill being used, wherever felt

necessary;

48. “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, watercourses, public plazas and promenades, Government and

Commune Panchayat buildings, public hospitals, markets, slaughter

houses, Courts, etc.;

49. “Public Nuisance” mean, any act, omission, offence or

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

danger, 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;

50. “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 Nettapakkam 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;

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51. “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 Local

Body;

52. “Processing” means, any scientific process by which

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

or transformation into new products;

53. “Receptacle” means, any storage container, including bins

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

54. “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;

55. “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.

56. “Refuse” means, any waste m atter 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.

57. “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 in to useful

by-products such as lards and oils.

58. “Residual Inert Waste” mean and include the waste and

rejects from the solid waste processing facilities which are not suitable

for recycling or further processing;

59. “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.

60. “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 Nettapakkam

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[PART–II

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 Nettapakkam Commune

Panchayat;

61. “redevelopment” means, rebuilding of old residential or

commercial buildings at the same site, where the existing buildings and

other infrastructures have become dilapidated;

62. “Refused Derived fuel (RDF)” mean, fuel derived from

combustible waste 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 ;

63. “residual solid waste” mean, and includes the waste and

rejects from the solid waste processing facilities which are not suitable

for recycling or further processing;

64. “sanitary land filling” mean, the final and safe disposal of

residual solid waste and inert wastes on land in a facility designed with

protective measures against pollution of ground water, 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;

65. “sanitary waste” mean, wastes comprising of used diapers,

sanitary towels or napkins, tampons, condoms, incontinence sheets and

any other similar waste;

66. “Schedule” means, the Schedule appended to these rules;

67. “secondary storage” mean, the temporary containment of

solid waste after collection at secondary waste storage depots or MRFs

or bins for onward transportation of the waste to the processing or

disposal facility;

68. “segregation” means, sorting and separate storage of

various components of solid waste namely bio-degradable wastes

including agriculture and dairy waste, non-bio-degradable wastes

including recyclable waste, non-recyclable combustible waste, sanitary

waste and non-recyclable inert waste, domestic hazardous wastes, and

construction and demolition wastes;

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69. “service provider” mean, an authority providing public

utility services like water, sewerage, electricity, telephone, roads,

drainage, etc;

70. “solid waste” mean and include 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 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;

71. “sorting” means, separating various components and

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

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

72. “stabilising” means, the biological decomposition of

bio-degradable 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;

73. “Stabilised bio-degradable waste” mean, the biologically

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

biological treatment of bio-degradable waste; and only when Stabilised

can such waste be used with no further restrictions.

74. “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 builtup 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;

75. “tipping fee” mean, a fee or support price determined by the

local authorities or any State agency authorised by the State Government

to be paid to the concessionaire or operator of waste processing facility

or for disposal of residual solid waste at the landfill;

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[PART–II

76. “transfer station” mean, a facility created to receive solid

waste from collection areas and transport in bulk in covered vehicles or

containers to waste processing and, or, disposal facilities;

77. “transportation” means, conveyance of solid waste, either

treated, partly treated or untreated from a location to another location

in an environmentally sound manner through specially designed and

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

unsightly conditions;

78. “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;

79. “user fee” mean, a fee imposed by the Local Body and any

entity mentioned in rule 2 on the waste generator to cover full or part

cost of providing solid waste collection, transportation, processing and

disposal services.

80. “Vacant Plot” mean, any land or open space belonging to a

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

81. “waste generator” mean and include every person or group

of persons, every residential premises and non residential establishments

including Indian Railways, defence establishments, which generate solid

waste;

82. “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;

83. “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 Nettapakkam Commune Panchayat.

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84. “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 the streets, bins,

material recovery facilities, processing and waste disposal facilities for

sale to recyclers directly or through intermediaries to earn their

livelihood.

85. “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.

86. “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 pick up are tied up directly with recyclers, without

depending on the waste collection system of Nettapakkam Commune

Panchayat/Service Providers or Empanelled Vendors.

4. Duties of waste generators.— (1) Every waste generator shall,-

(a) segregate and store the waste generated by them in three

separate streams namely bio-degradable, non-bio-degradable

and domestic hazardous wastes in suitable bins and handover

segregated wastes to authorised waste pickers or waste

collectors as per the direction or notification by the local

authorities from time to time;

(b) wrap securely the used sanitary waste like diapers,

sanitary pads, etc., in the pouches provided by the manufacturers

or brand owners of these products or in a suitable wrapping

material as instructed by the local authorities and shall place

the same in the bin meant for dry waste or non-bio-degradable

waste;

and when generated, in his own premises and shall dispose off

as per the Construction and Demolition Waste Management

Rules, 2016; and

(d) store horticulture waste and garden waste generated from

his premises separately in his own premises and dispose of as

per the directions of the Local Body from time to time.

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[PART–II

(2) No waste generator shall throw, burn or burry the solid waste

generated by him, on streets, open public spaces outside his premises

or in the drain or water bodies.

(3) All waste generators shall pay such user fee for solid waste

management, as specified in the Bye-laws of the Local Bodies.

(4) No person shall organise an event or gathering of more than

one hundred persons at any unlicensed place without intimating the

Local Body, at least three working days in advance and such person or

the organiser of such event shall ensure segregation of waste at source

and handing over of segregated waste to waste collector or agency as

specified by the Local Body.

(5) Every street vendor shall keep suitable containers for

storage of waste generated during the course of his activity such as

food waste, disposable plates, cups, cans, wrappers, coconut shells,

leftover food, vegetables, fruits, etc., and shall deposit such waste at

waste storage depot or container or vehicle as notified by the Local

Body.

(6) All resident welfare and market associations shall, within one

year from the date of notification of these rules and in partnership with

the Local Body ensure segregation of waste at source by the generators

as prescribed in these rules, facilitate collection of segregated waste in

separate streams, handover recyclable material to either the authorised

waste pickers or the authorised recyclers. The bio-degradable waste shall

be processed, treated and disposed off through composting or

bio-methanation within the premises as far as possible. The residual

waste shall be given to the waste collectors or agency as directed by

the Local Body.

(7) All gated communities and institutions with more than 5,000

sqm area shall, within one year from the date of notification of these

rules and in partnership with the Local Body, ensure segregation of

waste at source by the generators as prescribed in these rules, facilitate

collection of segregated waste in separate streams, handover recyclable

material to either the authorised waste pickers or the authorized

recyclers. The bio-degradable waste shall be processed, treated and

disposed off through composting or bio-methanation within the premises

as far as possible. The residual waste shall be given to the waste

collectors or agency as directed by the Local Body.

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(8) All hotels and restaurants shall, within one year from the

date of notification of these rules and in partnership with the Local Body

ensure segregation of waste at source as prescribed in these rules,

facilitate collection of segregated waste in separate streams, handover

recyclable material to either the authorised waste pickers or the

authorised recyclers. The bio-degradable waste shall be processed,

treated and disposed off through composting or bio-methanation within

the premises as far as possible. The residual waste shall be given to the

waste collectors or agency as directed by the Local Body.

(9) All Kalyanamandapams, Hotel/Restaurant, Malls and other

categories of bulk waste generators shall within 15 days from the date

of notification of the Bye-law in situ Green waste composting system

and Grey Water treatment system.

5. Duties of Ministry of Environment, Forest and Climate

Change.— (1) The Ministry of Environment, Forest and Climate Change

shall be responsible for over all monitoring the implementation of these

rules in the country. It shall constitute a Central Monitoring Committee

under the Chairmanship of Secretary, Ministry of Environment, Forest

and Climate Change comprising officer not below the rank of Joint

Secretary or Advisor from the following namely,-

(1) Ministry of Urban Development

(2) Ministry of Rural Development

(3) Ministry of Chemicals and Fertilizers

(4) Ministry of Agriculture

(5) Central Pollution Control Board

(6) Three State Pollution Control Boards or Pollution Control

Committees by rotation

(7) Urban Development Departments of three State Governments

by rotation

(8) Rural Development Departments from two State Governments

by rotation

(9) Three Urban Local Bodies by rotation

(10) Two census towns by rotation

(11) FICCI, CII

(12) Two subject experts

484

LA GAZETTE DE L'ETAT

[PART–II

(2) This Central Monitoring Committee shall meet at least once

in a year to monitor and review the implementation of these rules. The

Ministry of Environment, Forest and Climate Change may coopt other

experts, if needed. The Committee shall be renewed every three years.

6. Duties of Ministry of Urban Development.— (1) The Ministry

of Urban Development shall coordinate with State Governments and

Union Territory Administrations to,-

(a) take periodic review of the measures taken by the States and

Local Bodies for improving solid waste management practices and

execution of solid waste management projects funded by the Ministry

and external agencies at least once in a year and give advice on taking

corrective measures;

(b) formulate national policy and strategy on solid waste

management including policy on waste to energy in consultation with

stakeholders within six months from the date of notification of these

rules;

policy and strategy on solid management based on national solid waste

management policy and national urban sanitation policy;

(d) promote research and development in solid waste

management sector and disseminate information to States and Local

Bodies;

(e) undertake training and capacity building of Local Bodies and

other stakeholders; and

(f) provide technical guidelines and project finance to states,

Union Territories and Local Bodies on solid waste management to

facilitate meeting timelines and standards.

7. Duties of Department of Fertilisers, Ministry of Chemicals and

Fertilisers.— (1) The Department of Fertilisers through appropriate

mechanisms shall,-

(a) provide market development assistance on city compost; and

(b) ensure promotion of co-marketing of compost with chemical

fertilisers in the ratio of 3 to 4 bags: 6 to 7 bags by the fertiliser

companies to the extent compost is made available for marketing to the

companies.

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8. Duties of Ministry of Agriculture, Government of India.— The

Ministry of Agriculture through appropriate mechanisms shall,-

(a) provide flexibility in Fertiliser Control Order for

manufacturing and sale of compost;

(b) propagate utilisation of compost on farm land;

local authorities or their authorised agencies; and

(d) issue suitable guidelines for maintaining the quality of

compost and ratio of use of compost visa-a-vis chemical fertilizers while

applying compost to farmland.

9. Duties of the Ministry of Power.— The Ministry of Power

through appropriate mechanisms shall,-

(a) decide tariff or charges for the power generated from the

waste to energy plants based on solid waste.

(b) compulsory purchase power generated from such waste to

energy plants by distribution company.

10. Duties of Ministry of New and Renewable Energy Sources.—

The Ministry of New and Renewable Energy Sources through

appropriate mechanisms shall,-

(a) facilitate infrastructure creation for waste to energy plants;

and

(b) provide appropriate subsidy or incentives for such waste to

energy plants.

11. Duties of the Secretary-in-charge, Urban Development in the

States and Union Territories.— (1) The Secretary, Urban Development

Department in the State or Union Territory through the Commissioner

or Director of Municipal Administration or Director of Local Bodies

shall,-

(a) prepare a state policy and solid waste management strategy

for the state or the Union Territory in consultation with stakeholders

including representative of waste pickers, self help group and similar

groups working in the field of waste management consistent with these

rules, national policy on solid waste management and National Urban

Sanitation Policy of the Ministry of Urban Development, in a period

not later than one year from the date of notification of these rules;

486

LA GAZETTE DE L'ETAT

[PART–II

(b) while preparing State policy and strategy on solid waste

management, lay emphasis on waste reduction, reuse, recycling, recovery

and optimum utilisation of various components of solid waste to ensure

minimisation of waste going to the landfill and minimise impact of solid

waste on human health and environment;

role played by the informal sector of waste pickers, waste collectors and

recycling industry in reducing waste and provide broad guidelines

regarding integration of waste picker or informal waste collectors in the

waste management system.

(d) ensure implementation of provisions of these rules by all

Local Authorities;

(e) direct the Town Planning Department of the State to ensure

that master plan of every city in the State or Union Territory provisions

for setting up of solid waste processing and disposal facilities except

for the cities who are members of common waste processing facility or

regional sanitary landfill for a group of cities; and

(f) ensure identification and allocation of suitable land to the

Local Bodies within one year for setting up of processing and disposal

facilities for solid wastes and incorporate them in the master plans (land

use plan) of the State or as the case may be, cities through metropolitan

and District Planning Committees or Town and Country Planning

Department;

(h) direct the Town Planning Department of the State and Local

Bodies to ensure that a separate space for segregation, storage,

decentralised processing of solid waste is demarcated in the

development plan for group housing or commercial, institutional or any

other non-residential complex exceeding 200 dwelling or having a plot

area exceeding 5,000 square metres;

(i) direct the developers of Special Economic Zone, Industrial

Estate, Industrial Park to earmark at least five percent of the total area

of the plot or minimum five plots or sheds for recovery and recycling

facility.

(j) facilitate establishment of common regional sanitary landfill

for a group of cities and towns falling within a distance of 50 km

(or more) from the regional facility on a cost sharing basis and ensure

professional management of such sanitary landfills;

487

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LA GAZETTE DE L'ETAT

(k) arrange for capacity building of Local Bodies in managing

solid waste, segregation and transportation or processing of such waste

at source;

(l) notify buffer zone for the solid waste processing and disposal

facilities of more than five tons per day in consultation with the State

Pollution Control Board; and

(m) start a scheme on registration of waste pickers and waste

dealers.

12. Duties of District Magistrate or District Collector or Deputy

Commissioner.— The District Magistrate or District Collector or as the

case may be, the Deputy Commissioner shall, -

(a) facilitate identification and allocation of suitable land as per

clause (f) of rules 11 for setting up solid waste processing and disposal

facilities to Local Authorities in his district in close coordination with

the Secretary-in-charge of State Urban Development Department within

one year from the date of notification of these rules;

(b) review the performance of Local Bodies, at least once in a

quarter on waste segregation, processing, treatment and disposal and

take corrective measures in consultation with the Commissioner or

Director of Municipal Administration or Director of Local Bodies and

Secretary-in-charge of the State Urban Development.

13. Duties of the Secretary-in-charge of Village Panchayats or

Rural Development Department in the State and Union Territory.—

(1) The Secretary-in-charge of Village Panchayats or Rural Development

Department in the State and Union territory shall have the same duties

as the Secretary-in-charge, Urban Development in the States and Union

Territories, for the areas which are covered under these rules and are

under their jurisdictions.

14. Duties of Central Pollution Control Board.— The Central

Pollution Control Board shall, -

(a) coordinate with the State Pollution Control Boards and the

Pollution Control Committees for implementation of these rules and

adherence to the prescribed standards by local authorities;

(b) formulate the standards for ground water, ambient air, noise

pollution, leachate in respect of all solid waste processing and disposal

facilities;

488

LA GAZETTE DE L'ETAT

[PART–II

solid waste processing facilities or treatment technologies and update

them as and when required;

(d) review through State Pollution Control Boards or Pollution

Control Committees, at least once in a year, the implementation of

prescribed environmental standards for solid waste processing facilities

or treatment technologies and compile the data monitored by them;

(e) review the proposals of State Pollution Control Boards or

Pollution Control Committees on use of any new technologies for

processing, recycling and treatment of solid waste and prescribe

performance standards, emission norms for the same within 6 months;

(f) monitor through State Pollution Control Boards or Pollution

Control Committees the implementation of these rules by Local Bodies;

(g) prepare an annual report on implementation of these rules

on the basis of reports received from State Pollution Control Boards and

Committees and submit to the Ministry of Environment, Forest and

Climate Change and the report shall also be put in public domain;

(h) publish guidelines for maintaining buffer zone restricting any

residential, commercial or any other construction activity from the outer

boundary of the waste processing and disposal facilities for different

sizes of facilities handling more than five tons per day of solid waste;

(i) publish guidelines, from time to time, on environmental

aspects of processing and disposal of solid waste to enable Local Bodies

to comply with the provisions of these rules; and

(j) provide guidance to States or Union territories on inter-state

movement of waste.

15. Duties and responsibilities of local authorities and Village

Panchayats of census towns and urban agglomerations.— The Local

Authorities and Panchayats shall,-

(a) prepare a solid waste management plan as per state policy

and strategy on solid waste management within six months from the date

of notification of State policy and strategy and submit a copy to

respective Departments of State Government or Union Territory

Administration or agency authorised by the State Government or Union

Territory Administration;

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LA GAZETTE DE L'ETAT

(b) arrange for door to door collection of segregated solid waste

from all households including slums and informal settlements,

commercial, institutional and other non-residential premises. From

multi-storage buildings, large commercial complexes, malls, housing

complexes, etc., this may be collected from the entry gate or any other

designated location;

pickers or informal waste collectors and promote and establish a system

for integration of these authorised waste-pickers and waste collectors

to facilitate their participation in solid waste management including door

to door collection of waste;

(d) facilitate formation of Self Help Groups, provide identity

cards and thereafter encourage integration in solid waste management

including door to door collection of waste;

(e) frame Bye-laws incorporating the provisions of these rules

within one year from the date of notification of these rules and ensure

timely implementation;

(f) prescribe from time to time user fee as deemed appropriate

and collect the fee from the waste generators on its own or through

authorised agency;

(g) direct waste generators not to litter i.e., throw or dispose of

any waste such as paper, water bottles, liquor bottles, soft drink canes,

tetra packs, fruit peel, wrappers, etc., or burn or burry waste on streets,

open public spaces, drains, waste bodies and to segregate the waste at

source as prescribed under these rules and handover the segregated

waste to authorised the waste pickers or waste collectors authorised by

the Local Body;

(h) setup material recovery facilities or secondary storage

facilities with sufficient space for sorting of recyclable materials to enable

informal or authorised waste pickers and waste collectors to separate

recyclables from the waste and provide easy access to waste pickers

and recyclers for collection of segregated recyclable waste such as paper,

plastic, metal, glass, textile from the source of generation or from material

recovery facilities; Bins for storage of bio-degradable wastes shall be

painted green, those for storage of recyclable wastes shall be printed

white and those for storage of other wastes shall be printed black;

490

LA GAZETTE DE L'ETAT

[PART–II

(i) establish waste deposition centres for domestic hazardous

waste and give direction for waste generators to deposit domestic

hazardous wastes at this centre for its safe disposal. Such facility shall

be established in a city or town in a manner that one centre is set up

for the area of twenty square kilometres or part thereof and notify the

timings of receiving domestic hazardous waste at such centres;

(j) ensure safe storage and transportation of the domestic

hazardous waste to the hazardous waste disposal facility or as may be

directed by the State Pollution Control Board or the Pollution Control

Committee;

(k) direct street sweepers not to burn tree leaves collected from

street sweeping and store them separately and handover to the waste

collectors or agency authorised by Local Body;

(l) provide training on solid waste management to waste-pickers

and waste collectors;

(m) collect waste from vegetable, fruit, flower, meat, poultry and

fish market on day to day basis and promote setting up of decentralised

compost plant or bio-methanation plant at suitable locations in the

markets or in the vicinity of markets ensuring hygienic conditions;

(n) collect separately waste from sweeping of streets, lanes and

by-lanes daily, or on alternate days or twice a week depending on the

density of population, commercial activity and local situation;

(o) set up covered secondary storage facility for temporary

storage of street sweepings and silt removed from surface drains in cases

where direct collection of such waste into transport vehicles is not

convenient. Waste so collected shall be collected and disposed of at

regular intervals as decided by the Local Body;

(p) collect horticulture, parks and garden waste separately and

process in the parks and gardens, as far as possible;

(q) transport segregated bio-degradable waste to the processing

facilities like compost plant, bio-methanation plant or any such facility.

Preference shall be given for on site processing of such waste;

(r) transport non-bio-degradable waste to the respective

processing facility or material recovery facilities or secondary storage

facility;

491

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LA GAZETTE DE L'ETAT

(s) transport construction and demolition waste as per the

provisions of the Construction and Demolition Waste management Rules,

2016;

(t) involve communities in waste management and promotion of

home composting, bio-gas generation, decentralised processing of waste

at community level subject to control of odour and maintenance of

hygienic conditions around the facility;

(u) phase out the use of chemical fertilizer in two years and use

compost in all parks, gardens maintained by the Local Body and

wherever possible in other places under its jurisdiction. Incentives may

be provided to recycling initiatives by informal waste recycling sector.

(v) facilitate construction, operation and maintenance of solid

waste processing facilities and associated infrastructure on their own

or with private sector participation or through any agency for optimum

utilisation of various components of solid waste adopting suitable

technology including the following technologies and adhering to the

guidelines issued by the Ministry of Urban Development from time to

time and standards prescribed by the Central Pollution Control Board.

Preference shall be given to decentralised processing to minimize

transportation cost and environmental impacts such as

(a) bio-methanation, microbial composting, vermi-composting,

anaerobic digestion or any other appropriate processing for

bio-stabilisation of bio-degradable wastes;

(b) waste to energy processes including refused derived fuel

for combustible fraction of waste or supply as feedstock to solid

waste based power plants or cement kilns;

(w) undertake on their own or through any other agency

construction, operation and maintenance of sanitary landfill and

associated infrastructure as per Schedule 1 for disposal of residual

wastes in a manner prescribed under these rules;

(x) make adequate provision of funds for capital investments as

well as operation and maintenance of solid waste management services

in the annual budget ensuring that funds for discretionary functions of

the Local Body have been allocated only after meeting the requirement

of necessary funds for solid waste management and other obligatory

functions of the Local Body as per these rules;

492

LA GAZETTE DE L'ETAT

[PART–II

(y) make an application in Form-I for grant of authorisation for

setting up waste processing, treatment or disposal facility, if, the volume

of waste is exceeding five metric tones per day including sanitary

landfills from the State Pollution Control Board or the Pollution Control

Committee, as the case may be;

(z) submit application for renewal of authorisation at least sixty

days before the expiry of the validity of authorisation;

(za) prepare and submit annual report in Form IV on or before

the 30th April of the succeeding year to the Commissioner or Director,

Municipal Administration or designated Officer;

(zb) the annual report shall then be sent to the Secretary-in-

Charge of the State Urban Development Department or Village Panchayat

or Rural Development Department and to the respective State Pollution

Control Board or Pollution Control Committee by the 31st May of every

year;

(zc) educate workers including contract workers and supervisors

for door to door collection of segregated waste and transporting the

unmixed waste during primary and secondary transportation to

processing or disposal facility;

(zd) ensure that the operator of a facility provides personal

protection equipment including uniform, fluorescent jacket, hand gloves,

raincoats, appropriate foot wear and masks to all workers handling solid

waste and the same are used by the workforce;

(ze) ensure that provisions for setting up of centres for

collection, segregation and storage of segregated wastes, are

incorporated in building plan while granting approval of building plan

of a group Housing Society or market complex; and

(zf) frame Bye-laws and prescribe criteria for levying of spot fine

for persons who litters or fails to comply with the provisions of these

rules and delegate powers to officers or Local Bodies to levy spot fines

as per the Bye-laws framed; and

493

PART–II]

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(zg) create public awareness through information, education and

communication campaign and educate the waste generators on the

following; namely:-

(i) not to litter;

(ii) minimise generation of waste;

(iii) reuse the waste to the extent possible;

(iv) practice segregation of waste into bio-degradable,

non-bio-degradable (recyclable and combustible), sanitary waste

and domestic hazardous wastes at source;

(v) practice home composting, vermi-composting, bio-gas

generation or community level composting;

(vi) wrap securely used sanitary waste as and when generated

in the pouches provided by the brand owners or a suitable

wrapping as prescribed by the Local Body and place the same

in the bin meant for non-bio-degradable waste;

(vii) storage of segregated waste at source in different bins;

(viii) handover segregated waste to waste pickers, waste

collectors, recyclers or waste collection agencies; and

(ix) pay monthly user fee or charges to waste collectors or

Local Bodies or any other person authorised by the Local Body

for sustainability of solid waste management.

(zh) stop land filling or dumping of mixed waste soon after the

timeline as specified in rule 23 for setting up and operationalisation of

sanitary landfill is over;

(zi) allow only the non-usable, non-recyclable, non-bio-degradable,

non-combustible and non-reactive inert waste and pre-processing rejects

and residues from waste processing facilities to go to sanitary landfill

and the sanitary landfill sites shall meet the specifications as given in

Schedule-I, however, every effort shall be made to recycle or reuse the

rejects to achieve the desired objective of zero waste going to landfill;

(zj) 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 the sites;

494

LA GAZETTE DE L'ETAT

[PART–II

(zk) in absence of the potential of bio-mining and bio-remediation

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

to prevent further damage to the environment.

16. Duties of State Pollution Control Board or Pollution Control

Committee.— (1) The State Pollution Control Board or Pollution Control

Committee shall,-

(a) enforce these rules in their State through Local Bodies in

their respective jurisdiction and review implementation of these

rules at least twice a year in close coordination with concerned

Directorate of Municipal Administration or Secretary-in- charge

of State Urban Development Department;

(b) monitor environmental standards and adherence to

conditions as specified under the Schedule-I and Schedule-II

for waste processing and disposal sites;

inquiries as deemed fit, after the receipt of the application for

the same in Form I from the Local Body or any other agency

authorised by the Local Body;

(d) while examining the proposal for authorisation, the

requirement of consents under respective enactments and views

of other agencies like the State Urban Development Department,

the Town and Country Planning Department, District Planning

Committee or Metropolitan Area Planning Committee, as may be

applicable, Airport or Airbase Authority, the Ground Water

Board, Railways, Power Distribution Companies, Highway

Department and other relevant agencies shall be taken into

consideration and they shall be given four weeks time to give

their views, if any;

(e) issue authorisation within a period of sixty days in

Form-II to the Local Body or an operator of a facility or any

other agency authorised by Local Body stipulating compliance

criteria and environmental standards as specified in Schedules-I

and II including other conditions, as may be necessary;

(f) synchronise the validity of said authorisation with the

validity of the consents;

495

PART–II]

LA GAZETTE DE L'ETAT

(g) suspend or cancel the authorization issued under clause

(a) any time, if the Local Body or operator of the facility fails

to operate the facility as per the conditions stipulated: provided

that no such authorization shall be suspended or cancelled

without giving notice to the Local Body or operator, as the case

may be; and

(h) on receipt of application for renewal, renew the

authorisation for next five years, after examining every

application on merit and subject to the condition that the

operator of the facility has fulfilled all the provisions of the rules,

standards or conditions specified in the authorisation, consents

or environment clearance.

(2) The State Pollution Control Board or Pollution Control

Committee shall, after giving reasonable opportunity of being heard to

the applicant and for reasons thereof to be recorded in writing, refuse

to grant or renew an authorisation.

(3) In case of new technologies, where no standards have been

prescribed by the Central Pollution Control Board, State Pollution Control

Board or Pollution Control Committee, as the case may be, shall approach

Central Pollution Control Board for getting standards specified.

(4) The State Pollution Control Board or the Pollution Control

Committee, as the case may be, shall monitor the compliance of the

standards as prescribed or laid down and treatment technology as

approved and the conditions stipulated in the authorisation and the

standards specified in Schedules I and II under these rules as and when

deemed appropriate, but, not less than once in a year.

(5) The State Pollution Control Board or the Pollution Control

Committee may give directions to Local Bodies for safe handling and

disposal of domestic hazardous waste deposited by the waste generators

at hazardous waste deposition facilities.

(6) The State Pollution Control Board or the Pollution Control

Committee shall regulate Inter-State movement of waste.

17. Duty of manufacturers or brand owners of disposable products

and sanitary napkins and diapers.— (1) All manufacturers of disposable

products such as tin, glass, plastics packaging, etc., or brand owners

who introduce such products in the market shall provide necessary

financial assistance to Local Authorities for establishment of waste

management system.

496

LA GAZETTE DE L'ETAT

[PART–II

(2) All such brand owners who sell or market their products in

such packaging material which are non-bio-degradable shall put in place

a system to collect back the packaging waste generated due to their

production.

(3) Manufacturers or brand owners or marketing companies of

sanitary napkins and diapers shall explore the possibility of using all

recyclable materials in their products or they shall provide a pouch or

wrapper for disposal of each napkin or diapers along with the packet of

their sanitary products.

(4) All such manufacturers, brand owners or marketing

companies shall educate the masses for wrapping and disposal of their

products.

18. Duties of the industrial units located within one hundred

kilometers from the refused derived fuel and waste to energy plants

based on solid waste.— All industrial units using fuel and located within

one hundred km from a solid waste based refused derived fuel plant shall

make arrangements within six months from the date of notification of

these rules to replace at least five percent of their fuel requirement by

refused derived fuel so produced.

19. Criteria for Duties regarding setting-up solid waste

processing and treatment facility.— (1) The Department in-charge of

the allocation of land assignment shall be responsible for providing

suitable land for setting up of the solid waste processing and treatment

facilities and notify such sites by the State Government or Union

Territory Administration.

(2) The operator of the facility shall design and set up the

facility as per the technical guidelines issued by the Central Pollution

Control Board in this regard from time to time and the manual on solid

waste management prepared by the Ministry of Urban Development.

(3) The operator of the facility shall obtain necessary approvals

from the State Pollution Control Board or Pollution Control Committee.

(4) The State Pollution Control Board or Pollution Control

Committee shall monitor the environment standards of the operation of

the solid waste processing and treatment facilities.

497

PART–II]

LA GAZETTE DE L'ETAT

(5) The operator of the facility shall be responsible for the safe

and environmentally sound operations of the solid waste processing

and or treatment facilities as per the guidelines issued by the Central

Pollution Control Board from time to time and the Manual on Municipal

Solid Waste Management published by the Ministry of Urban

Development and updated from time to time.

(6) The operator of the solid waste processing and treatment

facility shall submit annual report in Form III each year by 30th April to

the State Pollution Control Board or Pollution Committee and concerned

Local Body.

20. Criteria and actions to be taken for solid waste management

in hilly areas.— In the hilly areas, the duties and responsibilities of

the Local Authorities shall be the same as mentioned in rule 15 with

additional clauses as under:

(a) Construction of landfill on the hill shall be avoided.

A transfer station at a suitable enclosed location shall be setup to collect

residual waste from the processing facility and inert waste. A suitable

land shall be identified in the plain areas down the hill within 25 kilometers

for setting up sanitary landfill. The residual waste from the transfer

station shall be disposed of at this sanitary landfill.

(b) In case of non-availability of such land, efforts shall be made

to set up regional sanitary landfill for the inert and residual waste.

littering wastes on the streets and give strict direction to the tourists

not to dispose any waste such as paper, water bottles, liquor bottles,

soft drink canes, tetra packs, any other plastic or paper waste on the

streets or down the hills and instead direct to deposit such waste in the

litter bins that shall be placed by the Local Body at all tourist

destinations.

(d) Local Body shall arrange to convey the provisions of solid

waste management under the Bye-laws to all tourists visiting the hilly

areas at the entry point in the town as well as through the hotels, guest

houses or like where they stay and by putting suitable hoardings at

tourist destinations.

498

LA GAZETTE DE L'ETAT

[PART–II

(e) Local Body may levy solid waste management charge from

the tourist at the entry point to make the solid waste management

services sustainable.

(f) The Department in- charge of the allocation of land

assignment shall identify and allot suitable space on the hills for setting

up decentralised waste processing facilities. Local Body shall set up

such facilities. Step garden system may be adopted for optimum

utilisation of hill space.

21. Criteria for waste to energy process.— (1) Non-recyclable

waste having calorific value of 1500 K/cal/kg or more shall not be

disposed of on landfills and shall only be utilised for generating energy

either or through refuse derived fuel or by giving away as feed stock

for preparing refuse derived fuel.

(2) High calorific wastes shall be used for co-processing in

cement or thermal power plants.

(3) The Local Body or an operator of facility or an agency

designated by them proposing to set up waste to energy plant of more

than five tones per day processing capacity shall submit an application

in Form-I to the State Pollution Control Board or Pollution Control

Committee, as the case may be, for authorisation.

(4) The State Pollution Control Board or Pollution Control

Committee, on receiving such application for setting up waste to energy

facility, shall examine the same and grant permission within sixty days.

22. Time frame for implementation.— Necessary infrastructure for

implementation of these rules shall be created by the Local Bodies and

other concerned authorities, as the case may be, on their own, by directly

or engaging agencies within the time frame specified below:

Sl.

Activity

Time-limit

No.

from the

date of

notification

of rules

(1)

(2)

(3)

Identification of suitable sites for setting up solid

1 year

waste processing facilities.

499

PART–II]

LA GAZETTE DE L'ETAT

Identification of suitable sites for setting up common

1 year

regional sanitary landfill facilities for suitable clusters

of Local Authorities under 0.5 million population and

for setting up common regional sanitary landfill

facilities or stand alone sanitary landfill facilities by

all local authorities having a population of 0.5 million

or more.

Procurement of suitable sites for setting up solid

2 years

waste processing facility and sanitary landfill

facilities.

Enforcing waste generators to practice segregation

2 years

of bio-degradable, recyclable, combustible, sanitary

waste domestic hazardous and inert solid wastes at

source.

Ensure door to door collection of segregated waste

2 years

and its transportation in covered vehicles to

processing or disposal facilities.

Ensure separate storage, collection and transportation

2 years

of construction and demolition wastes.

Setting up solid waste processing facilities by all

2 years

Local Bodies having 100000 or more population.

Setting up solid waste processing facilities by local

3 years

bodies and census towns below 100000 population.

Setting up common or standalone sanitary landfills

3 years

by or for all Local Bodies having 0.5 million or more

population for the disposal of only such residual

wastes from the processing facilities as well as

untreatable inert wastes as permitted under the rules.

10.

Setting up common or regional sanitary landfills by

3 years

all Local Bodies and census towns under 0.5 million

population for the disposal of permitted waste under

the rules.

11.

Bio-remediation or capping of old and abandoned

5 years

dumpsites.

(1)

(2)

(3)

500

LA GAZETTE DE L'ETAT

[PART–II

6. State Level Advisory Body.— (1) Every Department in-charge of

Local Bodies of the concerned State Government or Union Territory

Administration shall constitute a State Level Advisory Body within six

months from the date of notification of these rules comprising the

following Members, namely:-

Sl.

Designation

Member

No.

(1)

(2)

(3)

Secretary, Department of Urban Development or . . Chairperson,

Local Self-Government Department of the State.

Ex-officio.

One representative of Panchayats or Rural . . Member,

Development Department not below the rank

Ex-officio.

of Joint Secretary to State Government.

One representative of Revenue Department of . . Member,

State Government.

Ex-officio.

One representative from Ministry of Environment, . . Member,

Forest and Climate Change, Government of India.

Ex-officio.

One representative from Ministry of Urban . . Member,

Development, Government of India.

Ex-officio.

One representative from Ministry of Rural . . Member,

Development, Government of India.

Ex-officio.

One representative from the Central Pollution . . Member,

Control Board.

Ex-officio.

One representtative from the State Pollution . . Member,

Control Board or Pollution Control Committee.

Ex-officio.

One representative from Indian Institute of . . Member,

Technology or National Institute of Technology.

Ex-officio.

10. Chief Town Planner of the State

. . Member

11. Three representatives from the Local Bodies by . . Member

rotation.

12. Two representatives from census towns or urban . . Members

agglomerations by rotation.

501

PART–II]

LA GAZETTE DE L'ETAT

13.

One representative from reputed Non-Governmental . . Member

Organisation or Civil Society, working for the

waste pickers or informal recycler or solid waste

management.

14.

One representative from a Body representing . . Member

Industries at the State or Central level.

15.

One representative from waste recycling industry . . Member

16.

Two subject experts

. . Members

17.

Co-opt one representative each from Agriculture . . Members

Department and Labour Department of State

Government.

(2) The State Level Advisory Body shall meet at least one in

every six months to review the matters related to implementation of these

rules, State policy and strategy on solid waste management and give

advice to State Government for taking measures that are necessary for

expeditious and appropriate implementation of these rules. The copies

of the review report shall be forwarded to the State Pollution Control

Board or Pollution Control Committee for necessary action.

6. Annual report.— (1) The operator of facility shall submit the

annual report to the Local Body in Form-III on or before the 30th day

of April every year.

(2) The Local Body shall submit its annual report in Form-IV to

State Pollution Control Board or Pollution Committee and the Secretary-

in-Charge of the Department of Urban Development of the concerned

State or Union Territory in case of Metropolitan city and to the Director

of Municipal Administration or Commissioner of Municipal

Administration or Officer in -Charge of Urban Local Bodies in the State

in case of all other Local Bodies of State on or before the 30th day of

June every year.

(3) Each State Pollution Control Board or Pollution Control

Committee as the case may be, shall prepare and submit the consolidated

annual report to the Central Pollution Control Board and Ministry of

Urban Development on the implementation of these rules and action

taken against non complying Local Body by the 31st day of July of each

year in Form-V.

(1)

(2)

(3)

502

LA GAZETTE DE L'ETAT

[PART–II

(4) The Central Pollution Control Board shall prepare a

consolidated annual review report on the status of implementation of

these rules by Local Bodies in the country and forward the same to the

Ministry of Urban Development and Ministry of Environment, Forest

and Climate Change, along with its recommendations before the 31st day

of August each year.

(5) The annual report shall be reviewed by the Ministry of

Environment, Forest and Climate Change during the meeting of Central

Monitoring Committee.

7. Accident reporting.— In case of an accident at any solid waste

processing or treatment or disposal facility or landfill site, the

Officer-in-charge of the facility shall report to the Local Body in Form-VI

and the Local Body shall review and issue instructions if any, to the

in-charge of the facility.

SCHEDULE–I

[see rule 15 (w), (zi), 16 (1) (b) (e), 16 (4)]

SPECIFICATIONS FOR SANITARY LANDFILLS

(A) Criteria for site selection.— (i) The Department in the

business allocation of land assignment shall provide suitable site for

setting up of the solid waste processing and treatment facilities and

notify such sites.

(ii) The sanitary landfill site shall be planned, designed and

developed with proper documentation of construction plan as well as a

closure plan in a phased manner. In case, a new landfill facility is being

established adjoining an existing landfill site, the closure plan of existing

landfill should form a part of the proposal of such new landfill.

(iii) The landfill sites shall be selected to make use of nearby

wastes processing facilities. Otherwise, wastes processing facility shall

be planned as an integral part of the landfill site.

(iv) Landfill sites shall be set up as per the guidelines of the

Ministry of Urban Development, Government of India and Central

Pollution Control Board.

(v) The existing landfill sites which are in use for more than five

years shall be improved in accordance with the specifications given in

this Schedule.

503

PART–II]

LA GAZETTE DE L'ETAT

(vi) The land fill site shall be large enough to last for at least

20-25 years and shall develop ‘landfill cells’ in a phased manner to avoid

waterlogging and misuse.

(vii) The landfill site shall be 100 metre away from river,

200 metre from a pond, 200 metre from Highways, Habitations, Public

Parks and water supply wells and 20 km away from Airports or Airbase.

However in a special case, landfill site may be set up within a distance

of 10 and 20 km away from the Airport/Airbase after obtaining no

objection Certificate from the Civil Aviation Authority/Air force as the

case may be. The Land fill site shall not be permitted within the flood

plains as recorded for the last 100 years, zone of coastal regulation,

wetland, Critical habitat areas, sensitive eco-fragile areas.

(viii) The sites for landfill and processing and disposal of solid

waste shall be incorporated in the Town Planning Department’s land-use

plans.

(ix) A buffer zone of no development shall be maintained around

solid waste processing and disposal facility, exceeding five Tonnes per

day of installed capacity. This will be maintained within the total area

of the solid waste processing and disposal facility. The buffer zone shall

be prescribed on case to case basis by the Local Body in consultation

with concerned State Pollution Control Board.

(x) The biomedical waste shall be disposed of in accordance with

the Bio-medical Waste Management Rules, 2016, as amended from time

to time. The hazardous waste shall be managed in accordance with the

Hazardous and Other Wastes (Management and Transboundary

Movement) Rules, 2016, as amended from time to time. The E-waste shall

be managed in accordance with the e-Waste (Management) Rules, 2016

as amended from time to time.

(xi) Temporary storage facility for solid waste shall be

established in each landfill site to accommodate the waste, incase of

non-operation of waste processing and during emergency or natural

calamities.

(B) Criteria for development of facilities at the sanitary

landfills.— (i) Landfill site shall be fenced or hedged and provided with

proper gate to monitor incoming vehicles, to prevent entry of

unauthorized persons and stray animals.

504

LA GAZETTE DE L'ETAT

[PART–II

(ii) The approach and/internal roads shall be concreted or paved

so as to avoid generation of dust particles due to vehicular movement

and shall be so designed to ensure free movement of vehicles and other

machinery.

(iii) The landfill site shall have waste inspection facility to

monitor waste brought in for landfilling, office facility for record keeping

and shelter for keeping equipment and machinery including pollution

monitoring equipment. The operator of the facility shall maintain record

of waste received, processed and disposed.

(iv) Provisions like weigh bridge to measure quantity of waste

brought at landfill site, fire protection equipment and other facilities as

may be required shall be provided.

(v) Utilities such as drinking water and sanitary facilities

(preferably washing/bathing facilities for workers) and lighting

arrangements for easy landfill operations during night hours shall be

provided.

(vi) Safety provisions including health inspections of workers

at landfill sites shall be carried out made.

(vii) Provisions for parking, cleaning, washing of transport

vehicles carrying solid waste shall be provided. The waste water so

generated shall be treated to meet the prescribed standards.

(C) Criteria for specifications for landfilling operations and

closure on completion of landfilling.— (i) Waste for landfilling shall

be compacted in thin layers using heavy compactors to achieve high

density of the waste. In high rainfall areas, where heavy compactors

cannot be used, alternative measures shall be adopted.

(ii) Till the time waste processing facilities for composting or

recycling or energy recovery are set up, the waste shall be sent to the

sanitary landfill. The landfill cell shall be covered at the end of each

working day with minimum 10 cm of soil, inert debris or construction

material.

(iii) Prior to the commencement of monsoon season, an

intermediate cover of 40-65 cm thickness of soil shall be placed on the

landfill with proper compaction and grading to prevent infiltration during

monsoon. Proper drainage shall be constructed to divert run-off away

from the active cell of the landfill.

505

PART–II]

LA GAZETTE DE L'ETAT

(iv) After completion of landfill, a final cover shall be designed

to minimize infiltration and erosion. The final cover shall meet the

following specifications, namely:–

(a) The final cover shall have a barrier soil layer comprising

of 60cm of clay or amended soil with permeability coefficient

less than 1 x10-7cm/sec.

(b) On top of the barrier soil layer, there shall be a drainage

layer of 15cm.

layer of 45 cm to support natural plant growth and to minimize

erosion.

(D) Criteria for pollution prevention.— In order to prevent

pollution from land fill operations, the following provisions shall be made,

namely:-

(i) The storm water drain shall be designed and constructed in

such a way that the surface runoff water is diverted from the landfilling

site and leachates from solid waste locations do not get mixed with the

surface run off water. Provisions for diversion of storm water discharge

drains shall be made to minimise leachate generation and prevent

pollution of surface water and also for avoiding flooding and creation

of marshy conditions.

(ii) Non-permeable lining system at the base and walls of waste

disposal area. For landfill receiving residues of waste processing

facilities or mixed waste or waste having contamination of hazardous

materials (such as aerosols, bleaches, polishes, batteries, waste oils,

paint products and pesticides) shall have liner of composite barrier of

1.5 mm thick high density polyethylene (HDPE) geo-membrane or

geo-synthetic liners, or equivalent, overlying 90 cm of soil (clay or

amended soil) having permeability coefficient not greater than 1 x 10-7

cm/sec. The highest level of water table shall be at least two meter below

the base of clay or amended soil barrier layer provided a the bottom of

landfills.

(iii) Provisions for management of leachates including its

collection and treatment shall be made. The treated leachate shall be

recycled or utilized as permitted, otherwise shall be released into the

sewerage line, after meeting the standards specified in Schedule-II.

In no case leachate shall be released into open environment.

506

LA GAZETTE DE L'ETAT

[PART–II

(iv) Arrangement shall be made to prevent leachate runoff from

landfill area entering any drain, stream, river, lake or pond. In case of

mixing of runoff water with leachate or solid waste, the entire mixed

water shall be treated by the concern authority.

(E) Criteria for water quality monitoring.— (i) Before establishing

any landfill site, baseline data of ground water quality in the area shall

be collected and kept in record for future reference. The groundwater

quality within 50 metre of the periphery of landfill site shall be

periodically monitored covering different seasons in a year that is,

summer, monsoon and post-monsoon period to ensure that the

groundwater is not contaminated.

Sl.

Parameters

IS10500 : 2012,

No.

Edition 2.2 (2003-09)

Desirable limit (mg/l)

(except for pH)

(1)

(2)

(3)

Arsenic

0.01

Cadmium

0.01

Chromium (as Cr⁶⁺)

0.05

Copper

0.05

Cyanide

0.05

Lead

0.05

Mercury

0.001

Nickel

–

Nitrate as NO3

45.0

6.5 - 8.5

Iron

0.3

Total hardness (as CaCO3)

300.0

Chlorides

250

Dissolved solids

500

Phenolic compounds (as C6H5OH)

0.001

Zinc

5.0

Sulphate (as SO4)

200

507

PART–II]

LA GAZETTE DE L'ETAT

(ii) Usage of groundwater in and around landfill sites for any

purpose (including drinking and irrigation) shall be considered only after

ensuring its quality. The following specifications for drinking water

quality shall apply for monitoring purpose namely:-

F. Criteria for ambient air quality monitoring.— (i)Landfill gas

control system including gas collection system shall be installed at

landfill site to minimize odour, prevent off-site migration of gases, to

protect vegetation planted on the rehabilitated landfill surface. For

enhancing landfill gas recovery, use of geomembranes in cover systems

along with gas collection wells should be considered.

(ii) The concentration of methane gas generated at landfill site

shall not exceed 25 per cent of the lower explosive limit (LEL).

(iii) The landfill gas from the collection facility at a landfill site

shall be utilized for either direct thermal applications or power

generation, as per viability. Otherwise, landfill gas shall be burnt (flared)

and shall not be allowed to escape directly to the atmosphere or for

illegal tapping. Passive venting shall be allowed in case if, its utilization

or flaring is not possible.

(iv) Ambient air quality at the landfill site and at the vicinity

shall be regularly monitored. Ambient air quality shall meet the standards

prescribed by the Central Pollution Control Board for Industrial area.

G. Criteria for plantation at landfill Site.— A vegetative cover

shall be provided over the completed site in accordance with the

following specifications, namely:-

(a) Locally adopted non-edible perennial plants that are

resistant to drought and extreme temperatures shall be planted;

(b) The selection of plants should be of such variety that their

roots do not penetrate more than 30cms. This condition shall apply till

the landfill is stabilized;

soil with minimum nutrient addition;

(d) Plantation to be made in sufficient density to minimize soil

erosion;

(e) Green belts shall be developed all around the boundary of

the landfill in consultation with State Pollution Control Boards or

Pollution Control Committees.

508

LA GAZETTE DE L'ETAT

[PART–II

H. Criteria for post-care of landfill site.— (1) The post-closure

care of landfill site shall be conducted for at least fifteen years and long

term monitoring or care plan shall consist of the following, namely:-

(a) Maintaining the integrity and effectiveness of final cover,

making repairs and preventing run-on and run-off from eroding

or otherwise damaging the final cover;

(b) Monitoring leachate collection system in accordance with

the requirement;

(d) Maintaining and operating the landfill gas collection

system to meet the standards.

(2) Use of closed landfill sites after fifteen years of post-closure

monitoring can be considered for human settlement or other wise only

after ensuring that gaseouse mission and leachate quality analysis

complies with the specified standards and the soil stability is ensured.

I. Criteria for special provisions for hilly areas.— Cities and

towns located on hills shall have location-specific methods evolved for

final disposal of solid waste by the local body with the approval of the

concerned State Pollution Control Board or the Pollution Control

Committee. The local body shall set up processing facilities for utilization

of bio-degradable organic waste. The non-biodegradable recyclable

materials shall be stored and sent for recycling periodically. The inert

and non-bio-degradable waste shall be used for building roads or

filling-up of appropriate areas on hills. In case of constraints in finding

adequate land in hilly areas, waste not suitable for road-laying or filling

up shall be disposed of in regional landfills in plain areas.

J. Closure and Rehabilitation of Old Dumps.— Solid waste dumps

which have reached their full capacity or those which will not receive

additional waste after setting up of new and properly designed landfills

should be closed and rehabilitated by examining the following options:

(i) Reduction of waste by biomining and waste processing

followed by placement of residues in new landfills or capping as in (ii)

below.

(ii) Capping with solid waste cover or solid waste cover

enhanced with geomembrane to enable collection and flaring/utilisation

of greenhouse gases.

509

PART–II]

LA GAZETTE DE L'ETAT

(iii) Capping as in (ii) above with additional measures (in alluvial

and other coarse grained soils) such as cut-off walls and extraction wells

for pumping and treating contaminated groundwater.

(iv) Any other method suitable for reducing environmental impact

to acceptable level.

SCHEDULE–II

[see rule16 (1), (b), (e), 16 (4)]

STANDARDS OF PROCESSING AND TREATMENT OF

SOLID WASTE

A. Standards for composting.— The waste processing facilities

shall include composting as one of the technologies for processing of

bio-degradable waste. In order to prevent pollution from compost plant,

the following shall be complied with namely:-

(a) The incoming organic waste at site shall be stored properly

prior to further processing. To the extent possible, the waste storage

area should be covered. If, such storage is done in an open area, it shall

be provided with impermeable base with facility for collection of leachate

and surface water run-off into lined drains leading to a leachate

treatment and disposal facility;

(b) Necessary precaution shall be taken to minimize nuisance

of odour, flies, rodents, bird menace and fire hazard;

(a) In case of breakdown or maintenance of plant, waste intake

shall be stopped and arrangements be worked out for diversion of waste

to the temporary processing site or temporary landfill sites which will

be again reprocessed when plant is in order;

(b) Pre-process and post-process rejects shall be removed from

the processing facility on regular basis and shall not be allowed to pile

at the site. Recyclables shall be routed through appropriate vendors.

The non-recyclable high calorific fractions to be segregated and sent

to waste to energy or for RDF production, co-processing in cement

plants or to thermal power plants. Only rejects from all processes shall

be sent for sanitary landfill site(s).

510

LA GAZETTE DE L'ETAT

[PART–II

Such a base shall be made of concrete or compacted clay of 50cm thick

having permeability coefficient less than10-7cm/sec. The base shall be

provided with 1 to 2 percent slope and circled by lined drains for

collection of leachate or surface run-off;

(d) Ambient air quality monitoring shall be regularly carried

out. Odour nuisance at down-wind direction on the boundary of

processing plant shall also be checked regularly.

(e) Leachate shall be recirculated in compost plant for moisture

maintenance.

(f) The end product compost shall meet the standards prescribed

under Fertilizer Control Order notified from time to time.

(g) In order to ensure safe application of compost, the following

specifications for compost quality shall be met, namely:-

Parameters

Organic Compost

Phosphate Rich

( FCO2009)

Organic Manure

(FCO 2013)

(1)

(2)

(3)

Arsenic (mg/Kg)

10.00

Cadmium (mg/Kg)

5.00

Chromium (mg/Kg)

50.00

Copper (mg/Kg)

300.00

Lead (mg/Kg)

100.00

Mercury (mg/Kg)

0.15

Nickel (mg/Kg)

50.00

Zinc (mg/Kg)

1000.00

C/N ratio

<20

Less than 20:1

6.5-7.5

(1:5 solution)

maximum 6.7

Moisture, percent by

15.0-25.0

25.0

weight, maximum

511

PART–II]

LA GAZETTE DE L'ETAT

Bulk density(g/cm³)

<1.0

Less than1.6

Total Organic Carbon,

12.0

7.9

per cent by weight, minimum

Total Nitrogen (as N),

0.8

0.4

percent by weight, minimum

Total Phosphate (as P2o5)

0.4

10.4

per cent by weight, minimum

Total Potassium (as K2o),

0.4

–

per cent by weight minimum

Colour

Dark brown to black

–

Odour

Absence of foul odour

–

Particle size

Minimum 90% material

Minimum 90%

should pass through

material should

4.0 mm IS sieve

pass through

4.0 mm IS sieve

Conductivity (as dsm-1),

4.0

8.2

not more than

*Compost (final product) exceeding the above stated concentration limits

shall not be used for food crops. However, it may be utilized for

purposes other than growing food crops.

B. Standards for treated leachates.— The disposal of treated

leachates shall meet the following standards, namely:-

Sl.

Parameter

Standards

No.

(Mode of Disposal)

Inland

Public

Land

surface

sewers

disposal

water

(1)

(2)

(3)

(4)

(5)

1. Suspended solids, mg/l, max

100

600

200

2. Dissolved solids(inorganic)mg/

2100

1 max.

(1)

(2)

(3)

512

LA GAZETTE DE L'ETAT

[PART–II

3. pH value

5.5 to 9.0

4. Ammonical nitrogen (as N),

–

mg/l, max.

5. Total Kjeldahl nitrogen (as N),

100

–

mg/l, max.

6. Biochemical oxygen demand

350

100

(3 day sat 27^oC) max. (mg/l)

7. Chemical oxygen demand,

250

–

mg/l, max.

8. Arsenic (as As), mg/l, max

0.2

9. Mercury(as Hg), mg/l, max

0.01

–

10. Lead (as Pb), mg/l, max

0.1

1.0

–

11. Cadmium (as Cd),mg/l, max

2.0

1.0

–

12. Total Chromium (as Cr), mg/l, max.

2.0

–

13. Copper (as Cu), mg/l, max.

3.0

–

14. Zinc (as Zn), mg/l, max.

5.0

–

15. Nickel (as Ni), mg/l, max

3.0

–

16. Cyanide (as CN), mg/l, max.

0.2

2.0

0.2

17. Chloride (as Cl), mg/l, max.

1000

600

18. Fluoride (as F), mg/l, max

2.0

1.5

–

19. Phenolic compounds

1.0

5.0

–

(as C6H5OH) mg/l, max.

Note : While discharging treated leachates into inland surface waters,

quantity of leachates being discharged and the quantity of

dilution water available in the receiving water body shall be

given due consideration.

(1)

(2)

(3)

(4)

(5)

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PART–II]

LA GAZETTE DE L'ETAT

B. Standards for incineration.— The Emission from incinerators/

thermal technologies in solid waste treatment/disposal facility shall meet

the following standards, namely:-

Parameter

Emission Standard

(1)

(2)

(3)

Particulates

50mg/Nm³