[ 645 ]
BAHOUR COMMUNE PANCHAYAT, PUDUCHERRY
F. No. 25-2/BCP/SAN/2022-23.
Puducherry, dated 15th February 2023.
NOTIFICATION
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 Local Body 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, storage, segregation, transportation, processing and disposal
of solid wastes. Further, it shall be the responsibility of the generator
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No. 32 Poudouchéry
Jeudi
30
Mars
2023
No.
Puducherry
Thursday
30th
March
2023
(9 Chaitra 1945)
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LA GAZETTE DE L'ETAT
[PART–II
of wastes to cooperate with the Local Body 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.
In exercise of the powers conferred by section 443 of the
Puducherry Municipalities Act, 1973 (No. 9 of 1973) and Section 320 of
the Pondicherry Village and Commune Panchayat Act-1973, read with rule
15(e),(f) and (zf) of the aforesaid Solid Waste Management Rule, 2016,
Bahour Commune Panchayat has drafted this Bahour Commune
Panchayat Solid Waste Management Draft Bye-laws, 2023 and it is
hereby published in the Government Gazette 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.
Any objections or suggestions which may be received from any
person in respect of the said Draft Bye-law 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, Bahour Commune Panchayat, Mary Street, Bahour,
Puducherry-607 402, e-mail to [email protected]. These bye-laws may be
viewed in website http://bahourcommune.in
R. CARTIQUEYANE,
Commissioner.
CHAPTER–I
GENERAL
1. Short title, extent and commencement.— (1) These Bye-laws
may be called as the Bahour Commune Panchayat Solid Waste
Management (BCP-SWM) Bye-laws, 2023.
(2) These shall come into force upon approval by the Secretary
to Government (Local Administration) and with effect from the date of
its final publication in the Official Gazette.
2. Extent of application.— (1) These Bye-laws shall be applicable
within the jurisdiction of Bahour Commune Panchayat.
(2) These Bye-laws shall be read along with the Solid Waste
Management Rules, 2016.
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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” mean, 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 Bahour Commune Panchayat to Act on its
behalf including an Empanelled Vendor, for discharge of duties or
functions under the Solid Waste Management Rules, 2016 and this
Bye-law 2021 in a manner that is in compliance with all applicable
regulations including Labour Laws;
3.2 “Aerobic composting” mean, a controlled process involving
microbiological decomposition of organic matter in the presence of
oxygen;
3.3 “Anaerobic digestion” mean, 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;
3.5 “Bio-degradable 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 Bahour
Commune Panchayat jurisdiction containing households, shops and
commercial establishments, streets and roads connecting these
households and establishments, which may however be adjusted by
Bahour 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;
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[PART–II
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
bio-chemical 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
apartments/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.
However, Bahour 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 Bahour Commune Panchayat and/
or for collection of waste, inconvenient to be accommodated in the daily
Door to Door Collection system provided by Bahour Commune Panchayat
for example, old mattress, old furniture or other bulky waste. An
illustrative list as specified in Part-E of Schedule-I;
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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 Bahour 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;
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” means, any storage facility
set up and maintained by the 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 “Co-processing” 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;
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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” mean, 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” mean, 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” mean, waste other than biodegradable waste
and inert street sweepings and includes recyclable and non-recyclable
waste, combustible waste, etc.;
3.28 “Dry Waste Collection Centre or DWCC” mean, a
decentralized waste management facility to aggregate, store, sort and
handle Non-Bio-degradable Waste that is operated by Bahour 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;
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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 Bahour Commune Panchayat for providing
services relating to Solid Waste management after Bahour 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;
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 165
to 179 of the Pondicherry Village and Commune Panchayat 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;
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LA GAZETTE DE L'ETAT
[PART–II
3.40 “Inerts Waste” mean, wastes which are not biodegradable,
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;
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
neighbourhood, 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) mean, a facility where
non-compostable solid waste can be temporarily stored by the Bahour
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;
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PART–II]
LA GAZETTE DE L'ETAT
3.48 “Neighbourhood” 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 Bahour 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 Bahour 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;
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 Bahour
Commune Panchayat and any other entity or agency appointed by the
Bahour Commune Panchayat;
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LA GAZETTE DE L'ETAT
[PART–II
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 Bahour
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 Bahour 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 Bahour
Commune Panchayat;
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” mean, a fee or support price as
determined by Bahour 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
Panchayat buildings, public hospitals, markets, slaughter houses, Courts,
etc.;
3.61 “Public Nuisance” mean, 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
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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 Bahour 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;
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;
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LA GAZETTE DE L'ETAT
[PART–II
3.71 “Resident Welfare Associations” mean, a group or
association of owners or occupiers of residential premises of a particular
neighbourhood or locality lying within the jurisdiction of Bahour
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 Bahour 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;
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;
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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
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;
3.81 “Stabilised biodegradable waste” mean, the biologically
stabilised (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;
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LA GAZETTE DE L'ETAT
[PART–II
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 Bahour 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;
3.88 “Vermi composting” mean, the process of conversion of
biodegradable 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 Bahour 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, Defence 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;
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LA GAZETTE DE L'ETAT
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 directly with recyclers, without
depending on the waste collection system of Bahour Commune
Panchayat/ Service Providers or Empanelled Vendors.
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-bio-degradable 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
Schedule-X(a).
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(c) The Bio-degradable Waste, Non-bio-degradable 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
Bahour Commune Panchayat and/or Agency/Service Provider, as the
case may be. The Waste Generator shall ensure that Non-bio-degradable
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
Biodegradable Waste shall not be wrapped in plastics bags for handing
over to Bahour 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
Bahour Commune Panchayat and/or Agency/Service Provider, as the
case may be, shall be:
(i) Green for Biodegradable/Wet Waste;
(ii) Blue for Non-bio-degradable/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.
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(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). Bahour Commune Panchayat would directly 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 Bahour Commune Panchayat.
Bahour 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 Bahour 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 BWG 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 C&D waste shall be governed by C&D Waste
Management Rules, 2016 and Building Bye-laws in vogue in Bahour
Commune Panchayat/Puducherry Planning Authority.
(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
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[PART–II
Bahour Commune Panchayat to do so. Bahour 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. It shall be the
responsibility of the owner or occupier of premises to dispose C&D
waste at a place designated by Bahour Commune Panchayat as per the
collection and transportation system authorised by Bahour 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 in case of absence of such Association or
Group the individual Shopowner 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 bye-law 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 Bahour Commune Panchayat for all or certain categories
of segregated Solid Waste, in all Wards of the Bahour 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 apartments, residential,
commercial, institutional complexes or premises which do not fall
within entities 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.
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(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, Bahour Commune Panchayat shall
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, Bahour 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 by Bahour
Commune Panchayat or service provider and published at prominently
visible parts of that area and on the website of Bahour 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. Bahour 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 Bahour Commune Panchayat from time to
time.
(v) Bahour 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) Bahour 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
Waste Generator must ensure that the Solid Waste is stored in a
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segregated manner at a prominently visible, convenient and accessible
place within their campus for Bahour 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
Bahour 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 Bahour Commune Panchayat
and/or Agency/Service Provider. It shall be the responsibility of Bahour
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) Bahour 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) Bahour Commune Panchayat shall specify at least one day
in a week for Door to Door Collection of Bulky Waste and Bulk
Horticulture and Garden Waste. Any Waste Generator can also directly
deposit their Bulky Waste at the relevant Secondary Storage facility
designated or notified by Bahour Commune Panchayat. Bulky Waste
generator shall pay the User charges/Service charges prescribed in
Schedule-VIII (Annexure-I to VI) for availing the services. Services of on
call pick up of Bulky Waste will also be provided by Bahour 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
processing at compost plants, bio-methanation plants, recycling plants,
waste to energy plants or any other site/plant designated by Bahour
Commune Panchayat.
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(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. Bahour 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 Bahour Commune
Panchayat or the Agency/Service Provider, details of which shall be
provided on its website and in its office. Bahour Commune Panchayat/
Agency/Service Provider as the case maybe, will collect relevant charges
specified in the C&D Rules or Bye laws by Bahour 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&D Rules, as stipulated in the Bye-law-9.
7. Point to Point Collection.— Bahour Commune Panchayat may
notify certain areas within its jurisdiction which are inaccessible for
collection vehicles/pushcarts or for any other reason deemed appropriate
by Bahour Commune Panchayat, for Point to Point Collection. For
implementation of Point to Point Collection, Bahour 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
Bahour 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, Bahour 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 Generator to
the storage and processing Units within its system that have been
declared to Bahour Commune Panchayat, within the maximum rate
notified by Bahour Commune Panchayat for this purpose.
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LA GAZETTE DE L'ETAT
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(b) The Street Vendor has to deliver waste duly segregated to
Bahour 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) Bahour 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 tons or
more in one day or 300 tons 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 management plan and get appropriate
approvals from Bahour Commune Panchayat in prescribed in
Schedule-VI before starting construction or demolition or
remodelling work and keep the concerned officers in Bahour
Commune Panchayat are to be informed regarding the relevant
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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 Bahour 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 Bahour 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 Bahour 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 Panchayat Engineer/Sanitary Maistry of Bahour
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 Panchayat Engineer/
Sanitary Maistry of Bahour 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 Bahour Commune Panchayat if, the generator fails to
do so within 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 Schedule-X (d). In case of
two such failures to abide by these bye-laws, the construction
activity will be stopped by Bahour Commune Panchayat without
giving any notice thereof.
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[PART–II
(b) Bahour 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) Bahour Commune Panchayat shall explore all opportunities
for the gainful utilization of the C&D waste.
10. Vehicles for transportation of Solid Waste.— (a) Bahour
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 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 Biodegradable, 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, Bahour 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) Bahour 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. Bahour 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.
(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 Bahour Commune Panchayat. Every primary collection vehicle
shall be assigned a Secondary Transfer/Storage Point where the
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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, 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. Bahour 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) Bahour 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
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 Bahour Commune Panchayat. For the purpose of
transparency and accountability, general public shall also be given
access to the above.
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[PART–II
CHAPTER–IV
PROCESSING AND DISPOSAL OF SOLID WASTE
11. Facilities to be provided by Bahour Commune Panchayat.—
(1) Dry Waste Collection Centres (DWCCs) and Materials Recovery
Facility (MRF) for Dry Waste:
(a) Bahour Commune Panchayat shall set up Dry Waste
Collection Centres and/or Materials Recovery Facilities and the
same shall be operated by Bahour Commune Panchayat through
informal waste picker organisations/Waste pickers and Women's
Self Help Groups or any service provider integrated into the
Bahour 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 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 Bahour Commune Panchayat by the
Bahour 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 PPCC/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.
12. Processing of different categories of Solid Waste.— The
Waste Generator, Bahour 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:-
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(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 Biodegradable 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 Bahour
Commune Panchayat along with other Bio-medical Waste generated
within the Bahour 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-bio-degradable 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
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.
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[PART–II
(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 Bahour 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. Bahour 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 Bahour Commune Panchayat shall
strive towards a goal where only minimal Solid Waste shall be disposed
in Sanitary Landfills (Zero land filling).
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
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, Bahour
Commune Panchayat and/or relevant authority or prescribed by any law
for the time being in force.
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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) Bahour 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) Bahour Commune Panchayat shall also investigate and
analyse all old open dumpsites and existing operational dumpsites for
their potential of biomining and bioremediation and where so ever
feasible, take necessary actions to biomine or bioremediate 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 biomining and bioremediation 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 bioremediation or
capping of old and abandoned dumpsites shall be carried out by Bahour
Commune Panchayat within three years of notification these Bye-laws
and Grants-in-aid shall be provided by the Government for this purpose.
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) Bahour 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.
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(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 Bahour 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 Bahour Commune
Panchayat or as per the contract/Agreement/MOU Executed.
(2) Protective equipment and other facilities.— (i) Bahour
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) Bahour 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 Maistries.
(3) Training and capacity building.— Training shall be given
by Bahour Commune Panchayat through reputed Institutes/Government
Agency/ reputed agency to educate Sanitary Workers and its other
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 Solid Waste Management 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.— Bahour 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. Bahour
Commune Panchayat shall maintain records of Waste Pickers operating
within its jurisdiction.
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(2) Registration of Waste Traders.— Bahour 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 Licence from Bahour
Commune Panchayat.
(3) Involvement in Solid Waste Management activities.—
Bahour 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. Bahour
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 Bahour Commune Panchayat's requirements.
Bahour 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, Bahour 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.
(4) Training and capacity building.— Training and capacity
building exercises shall be undertaken by Bahour 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)
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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: Bahour 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
separate for Bio-degradable Waste and Non-Biodegradable Waste.
Bahour 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, Bahour
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
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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: Bahour 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, Bahour Commune Panchayat shall deploy any
suitable person/agency as Solid Waste Management Marshals in every
ward and other Solid Waste Management 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 Solid
Waste Management issues and Solid Waste Management Cell of Head
Office, Bahour Commune Panchayat shall also appoint an officer, as a
Nodal Officer for Solid Waste Management called as the Solid Waste
Management Nodal Officer.
CHAPTER–VII
BULK WASTE GENERATORS
19. 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 Bahour 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,
Bahour 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.
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(b) Self declaration .— The individual Waste Generator
identified by Bahour 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 Bahour 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.
21. Duties of Bulk Waste Generators and Responsibility of Bahour
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
Biodegradable 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) Biodegradable 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.
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3. All Bulk Waste Generators shall, either,
(i) by their own arrangement, process the Non-bio-degradable
Waste in accordance with these Bye-laws and Solid Waste
Management Rules 2016;
(ii) engage Empanelled Vendors of Bahour Commune
Panchayat for collection, transportation and processing of their
Non-bio-degradable Waste on mutually agreed terms; (or)
(iii) handover their Non-Bio-degradable Waste to Bahour
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 Bahour Commune Panchayat.
4. Depending on availability of space, Bahour 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 Bahour 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, biomethanation 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
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(iii) handover their Non-Biodegradable Waste to the collection
vehicle that will be provided by Bahour Commune Panchayat on
dates and times notified by Bahour Commune Panchayat on
payment of necessary user charges at the rates specified in
Schedule-VIII (Annexure-II and V).
6. Bahour Commune Panchayat shall enforce in situ processing
of Bulk Horticulture and Garden Waste in parks, gardens and similar
appropriate places, as far as possible. Bahour Commune Panchayat
through itself and/or an Agency/Service Provider, shall set up small scale
composting or biomethanation plants (i.e., processing less than five tons
of Bio-degradable Waste per day) in public parks, playgrounds,
recreation Grounds, Gardens, Markets, Large Vacant lands owned and
maintained by Bahour Commune Panchayat, any other public authority
or Governmental Department if, place available.
7. Bahour 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
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-bio-degradable 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 Bahour
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 Bahour
Commune Panchayat with respect to its operations as per directions
issued by Bahour Commune Panchayat from time to time.
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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 Bahour 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 Bahour
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 Bahour Commune Panchayat and pay the
necessary charges in advance as per Schedule-VIII (Annexure-V) fixed
for this purpose by Bahour Commune Panchayat. Any notification
issued in this regard by the Commissioner, Bahour 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
death the same may be intimated immediately to Bahour 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 Bahour 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, socio cultural events, protests and
demonstrations, etc.) the organiser shall apply to the concerned authority
of Bahour Commune Panchayat and pay the necessary cleanliness
deposit charges in advance as per Schedule-IX (a) fixed for the purpose
by Bahour 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 Bahour Commune Panchayat for the
cleaning, collection and transport of Solid Waste generated as a result
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of that event, they shall apply to the concerned authority at Bahour
Commune Panchayat and pay the necessary charges in advance as per
Schedule-VIII (Annexure-V) fixed for this purpose by Bahour 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
Bahour Commune Panchayat shall be forfeited and the organiser shall
have no claim towards this amount. Bahour Commune Panchayat may in
its discretion may also levy a penalty over and above the forfeited
amount as per Schedule-X (c).
CHAPTER–VIII
SERVICE CHARGE FOR MANAGEMENT OF SOLID WASTE
25. Provisions with respect to SWM Cess and Service Charge
payable to Bahour Commune Panchayat and Empanelled Vendors.— (1)
Solid Waste Management 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 Bahour Commune Panchayat and/or the Agency/Service
Provider/Empanelled Vendors, at the rates as specified in Schedule-VIII
(Annexure-I to VI). The Solid Waste Management Service Charge shall
be payable to Bahour 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 Solid Waste Management 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 Bahour Commune Panchayat and/or of
the Agency/Service Provider.
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(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
Bahour Commune Panchayat.
(4) The Solid Waste Management Service Charge shall be
collected in person or through online payment by Bahour Commune
Panchayat and/or any other Person authorised by Bahour Commune
Panchayat. Specific days in a month, preferably in first week of each
month, shall be fixed by Bahour Commune Panchayat, for collection of
Solid Waste Management Service Charge. The Solid Waste Management
Service Charge may also be collected by Bahour Commune Panchayat by
charging the amount through property tax, licence fees, etc., under
provisions of Puducherry Municipalities Act', 1973/Pondicherry Village
and Commune Panchayat Act 1973. Bahour Commune Panchayat may
evolve additional mechanisms for billing/collection/recovery of Solid
Waste Management Service Charge, from time to time and these shall be
notified through general or special order/notification.
(5) Bahour 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 Solid Waste Management Service Charge and
this database shall be updated regularly and published on the website
of Bahour 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 Bahour
Commune Panchayat.
(7) In case of default of payment of Solid Waste Management
Service Charge for more than 6 (six) months, Bahour Commune
Panchayat or any other Competent Authority may recover the Solid
Waste Management Service Charge along with the surcharge from the
defaulter as arrears of land Revenue under Revenue Recovery Act, 1970.
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In addition, Bahour 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 Solid Waste
Management Service Charge along with the surcharge amount is paid by
the defaulter.
(8) All amounts collected as Solid Waste Management Service
Charge by Bahour 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
Bahour 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 Bahour 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
Schedule-X (a-d). In case of second contravention or non- compliance,
Bahour 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,
Bahour 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, Bahour
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.
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(2) The fine or penalty mentioned in Schedule-X (a-d) shall be
increased upward by 10%. In addition, Bahour 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) Bahour Commune Panchayat shall take appropriate
Departmental action against the employees of Bahour 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, Bahour 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 only) 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 Bahour
Commune Panchayat for C&D Waste Management/Bulk Waste
Management/Solid Waste Management, cancellation of
Empanelment Certificate or any other authority granted by
Bahour Commune Panchayat; and/or
(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 Bahour Commune Panchayat jurisdiction
for atleast five years;
(5) Bahour 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
Municipalities Act, 1973 as the case may be such as the Environment
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[PART–II
(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 there
under.
(6) All amounts collected as spot fines and penalties by and on
behalf of Bahour 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 Bahour 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 Bahour Commune Panchayat
from time to time.
CHAPTER–X
OTHER RESPONSIBILITIES AND DUTIES OF BAHOUR
COMMUNE PANCHAYAT
29. Other Responsibilities and Duties of Bahour Commune
Panchayat.— In addition to the responsibilities and duties specified in
other Chapters of these Bye-laws, Bahour Commune Panchayat shall also
have the following additional duties, namely:
(i) Ward Micro Plan Bahour 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 Solid Waste Management 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 Management as may be considered
appropriate by Bahour 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 Bahour 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
687
PART–II]
LA GAZETTE DE L'ETAT
Officers by the Panchayat/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 Bahour Commune Panchayat, as the case may be. Any Authorised
Officer of Bahour 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 Bahour 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 Bahour Commune Panchayat is writing.
(iii) Review of the Empanelled Vendors and Agency/Service
Providers Bahour 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, Bahour 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 Bahour Commune
Panchayat shall publicise the provisions of the Bye-laws through the
print and electronic media, signs, advertisement, leaflets publishing in
Bahour Commune Panchayat website and through any other appropriate
means, so that all citizens are made aware about the duties of citizens
and Bahour Commune Panchayat in relation to segregation, recycling,
littering, nuisance, penalties and fines. Bahour 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.
(v) Nodal Officers The Commissioner of Bahour Commune
Panchayat shall designate Nodal Officer under him control for each
constituency who shall be responsible for,
(a) implementing the responsibilities of Bahour 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,
688
LA GAZETTE DE L'ETAT
[PART–II
(c) levy fines and penalties, and
(d) other functions as may be deemed appropriate by Bahour
Commune Panchayat, from time to time.
(vi) Transparency and public accessibility to ensure greater
transparency and public accessibility, Bahour 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 Bahour 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
Bahour 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 Bahour
Commune Panchayat to address the complaints;
(d) Details of Solid Waste Management Service Charge/User
Charges, penalties and spot fines collected by and on behalf of
Bahour Commune Panchayat in monthly basis;
(e)
Details and reports of Solid Waste Management
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 Bahour
Commune Panchayat.
(vii) Extended Producer Responsibility Bahour 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.
Bahour 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.
689
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(viii) Regular cleaning and Street Sweeping Bahour 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 Bahour 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 Bahour Commune
Panchayat shall provide for transportation of,
(i) Bio-degradable Waste to a convenient Bio-degradable
processing facility;
(ii) Non-Bio-degradable 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 Bahour Commune Panchayat from time to time.
(ix) Creating Incentives (a) Bahour Commune Panchayat may
consider creating systems for incentives for adoption of decentralised
processing of Biodegradable Waste such as biomethanation and
composting such as awarding and recognizing the Waste Generator by
giving certificates and publishing their names on Bahour Commune
Panchayat’s website.
(b) Zero-waste neighbourhoods, Apartment Complexes and
Commercial Buildings shall be adequately encouraged by Bahour
Commune Panchayat and/or Agency/Service Provider, as the
case may be.
(c) Bahour Commune Panchayat shall also devise a system to
encourage its Solid Waste Management Officials who work
towards achieving total segregation of waste, in situ processing
of waste, and creation of more zero-waste neighbourhoods.
690
LA GAZETTE DE L'ETAT
[PART–II
(x) Chemical fertilizers (a) Bahour 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 Bahour
Commune Panchayat and/or the Agency/Service Provider or that
obtained from home/in situ composting done by public.
(xi) Occupational safety (a) Bahour 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) Bahour 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 Bahour Commune
Panchayat in the format specified in the Solid Waste
Management Rules, 2016. The Head of Bahour 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) Bahour 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 be mobile applications,
complaint centre, call centre, e-mail, social media forums like WhatsApp/
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PART–II]
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Twitter, and/or any other mechanism which Bahour Commune Panchayat
may consider appropriate keeping in mind the population and quantity
of Solid Waste generated. Hence, the grievance may be submitted to the
Bahour 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 Bahour Commune Panchayat.
(b) Bahour Commune Panchayat shall ensure that each Solid
Waste Management grievance is redressed and informed to the
citizen in a timely and efficient manner.
(xiii) Training and public awareness (a) Bahour Commune
Panchayat by 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) Bahour 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) Bahour 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 Bahour Commune
Panchayat on its website so as to facilitate and support the
citizens in processing their Solid Waste.
(d) Bahour Commune Panchayat shall carry out awareness
activities to achieve stream-wise segregation, waste reduction
through in situ composting and better management of Solid
Waste Management through training of workers in the wards
through the Link workers in the wards.
(xiv) Conversion of all Government Offices and Schools within
Bahour Commune Panchayat jurisdiction into zero waste campuses and
home composting of waste by offices:
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LA GAZETTE DE L'ETAT
[PART–II
(a) Bahour 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 Bahour 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. Bahour 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 Bahour 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-Rs of Reduce,
Reuse and Recycle would be the guiding principle in waste handling and
processing.
(xvii) Management of Legacy Waste Bahour 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, 2019, Notified in the Official Gazette of Puducherry,
Extraordinary Part II, No. 49, Dated 19-09-2019.
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(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 within 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 Rules, 2019,
in the Official Gazette Part-II, No. 49, dated 19-09-2019.
(d) Bahour Commune Panchayat shall have a right to conduct
raids, seize banned plastic manufactured/stocked/being transported/
sold. Also, Bahour 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, 2019.
(e) All the seized banned plastics shall be shredded and
stored at any of the designated facilities of Bahour 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.— Bahour Commune
Panchayat shall coordinate 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.— Bahour Commune Panchayat will
review the effective implementation of these Bye-laws and whether any
amendments or updating is required, atleast within every three year or
earlier if, felt necessary, and take appropriate steps to ensure course
correction such as evaluation of Bahour Commune Panchayat's
achievements against its targets.
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LA GAZETTE DE L'ETAT
[PART–II
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) Aluminium cans
(vii) Rexene
(viii) Rubber
(ix) Wood/furniture
(x) Packaging
(xi) Fabrics
(xii) Styrofoam
(xiii) Thermocol
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* The above are sample lists and will be customized (i.e., items to be
added or removed) by each Bahour Commune Panchayat based on
the identified processing and recycling destinations for each item.
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 Bio-medical Waste
[Refer Bye-law 3.8 (iii)]
(For a complete list, please refer to Schedule-I of
Bio-medical 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.
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LA GAZETTE DE L'ETAT
[PART–II
(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.
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 Bahour 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, Theatres, Markets, Places of Worship, Stadia
and Sports Complexes, etc., with an area of 5000 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 Bahour Commune Panchayat available at website at
http://oulmun.in/ not later than 60 days (by date .......................) from the
date of this notice, including segregation of Solid Waste into 5 (five)
categories/streams (Biodegradable, Non-Biodegradable, Domestic
697
PART–II]
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Hazardous Waste including sanitary waste, Bulk Garden and Horticulture
waste and Electronic or E-Waste) at source and in-premises processing
and treatment of Biodegradable Waste. Detailed instructions are available
in the Bye-laws available at website at http://bahourcommune.in/
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. Such self- declaration will be subject to
verification and applicable penal costs (up to ` …………………..) if,
found untrue. Such self-declarations shall be submitted to Bahour
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 Bahour Commune
Panchayat.
Place : Puducherry
COMMISSIONER,
Bahour 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, Bahour Commune Panchayat has designated you as Bulk
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LA GAZETTE DE L'ETAT
[PART–II
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 Biodegradable Waste within
premises or processing tied-up with an Empanelled vendor or a Vendor
selected by you.
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://bahourcommune.in) which should be filled up and submitted to
Bahour 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,
Bahour 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.
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PART–II]
LA GAZETTE DE L'ETAT
I/We/M/s. .......................... understand that the .................................
Bahour 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, this
self-declaration becomes void and I/We/M/s. can be categorized as Bulk
Waste Generator and Bahour 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, Bahour Commune Panchayat,
Puducherry.
————
SCHEDULE–V
FORM OF ANNUAL RETURN BY A WASTE GENERATOR
WHO DOES NOT USE THE SERVICES OF BAHOUR
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.
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LA GAZETTE DE L'ETAT
[PART–II
3
Total quantity of Solid waste generated–
Quantity of Solid Waste generated per year
Per capita waste generated per year
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
Qty. Bio-degradable
Waste
processed
per year.
Qty. 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-bio-degradable
collected per year.
10
Quantity of the Domestic Hazardous Waste
collected per year.
(1)
(2)
(3)
701
PART–II]
LA GAZETTE DE L'ETAT
SCHEDULE–VI
(See Bye-law CHAPTER–III)
REQUISITION FOR STORING OF CONSTRUCTION AND
DEMOLITION WASTE
Date :
From :
< Name of the C&D Waste Generator>
< Address of the C&D Waste Generator>
< Contact no.>
To :
The Commissioner,
Bahour Commune Panchayat,
Puducherry.
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 Bahour 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 Bahour Commune Panchayat
The request is granted to store C&D Waste in the premises of the
applicant/.................................. (place allotted by Bahour 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 :
ASSISTANT ENGINEER/JUNIOR ENGINEER.
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LA GAZETTE DE L'ETAT
[PART–II
SCHEDULE–VII
(See Bye-law CHAPTER–III)
FORM FOR TRANSPORTING OF CONSTRUCTION AND
DEMOLITION WASTE
Date :
From :
< Name of the C&D Waste Generator>
< Address of the C&D Waste Generator>
< Contact no.>
To :
The Commissioner,
Bahour 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 Bahour Commune Panchayat at ......................................... to the C&D
yard notified by the Bahour Commune Panchayat. The approximate
quantity is around ......................... tonne/m3.
Yours faithfully,
(Name and Signature of the applicant)
————
703
PART–II]
LA GAZETTE DE L'ETAT
SCHEDULE–VIII
(See Bye-law CHAPTER–III)
SOLID WASTE MANAGEMENT SERVICE CHARGE/USER
CHARGE/LICENCE FEE
ANNEXURE–I
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.
————
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LA GAZETTE DE L'ETAT
[PART–II
705
PART–II]
LA GAZETTE DE L'ETAT
706
LA GAZETTE DE L'ETAT
[PART–II
707
PART–II]
LA GAZETTE DE L'ETAT
708
LA GAZETTE DE L'ETAT
[PART–II
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
Obtaining licence from this Commune
100/
Per
Panchayat for rearing of Pet Animals/Cattles.
Animal
Annum
3
Desludging of Septic tanks.
3,800
per Trip
(One Trip
8,000 litres)
4
Licence charge for Desludging Vehicles to
1,000
Per
Consent to operator.
Annum
5
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
6
Bulky waste from all non-bulk waste generators
2.50
like Residential, Commercial and non-commercial
per Kg.
activities.
7
Bulky waste from bulk waste generators
3
including Residential, Commercial, Industrial,
per Kg.
Hotels, Kalyanamandabam and Health Care
Establishments.
709
PART–II]
LA GAZETTE DE L'ETAT
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 Solid Waste Management Service Charge shall be–
` per kg.
1.
For collection, transport and processing
4.00
Biodegradable Waste, Non-Biodegradable
Domestic Hazardous Waste, Sanitary and
E-waste.
2.
For collection, Transport Biodegradable.
3.00
3.
For collection, transport and processing of
2.50
Per day
Non-Biodegradable 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 Commune Panchayat 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.
710
LA GAZETTE DE L'ETAT
[PART–II
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–IV)
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 People
< 5000
5001-10,000 10,000 -25,000
>25,000
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
1,000/
Project
711
PART–II]
LA GAZETTE DE L'ETAT
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)*
712
LA GAZETTE DE L'ETAT
[PART–II
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 slaughterhouse 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/Households/Apartments House Holds :
2,000
left unattended in a filthy and unhygienic
Apartment
:
5,000
manner/causing stagnation of water
Vacant Plots : 10,000
heading to public health Hazard.
(1)
(2)
(3)
(4)
`
`
713
PART–II]
LA GAZETTE DE L'ETAT
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 inside
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
this Commune Panchayat.
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 Panchayat 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)
`
`
714
LA GAZETTE DE L'ETAT
[PART–II
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
Burial
ground/cremation ground on eve of
death/any occasion/Function.
23
Manual Hazardous Entry without safety
5,000
10,000
gears (Fine imposed on Owner).
————
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)
`
`
715
PART–II]
LA GAZETTE DE L'ETAT
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 Solid Waste
Management Rules, 2016.
————
716
LA GAZETTE DE L'ETAT
[PART–II
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.