[ 1425 ]
GOVERNMENT OF PUDUCHERRY
KARAIKAL MUNICIPALITY, KARAIKAL
No. 55-2/Health/KM/2021-22.
Karaikal, dated the 22nd August 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 Municipal Authority which shall within
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
Municipal solid wastes. Further, it shall be the responsibility of the
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PART - II
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No. 67 Poudouchéry
Mardi
29
Août
2023
No.
Puducherry
Tuesday
29th
August
2023
(7 Bhadra 1945)
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LA GAZETTE DE L'ETAT
[PART–II
generator of wastes to cooperate with the Municipal Authority
concerned to avoid littering and ensure delivery of segregated wastes
in accordance with the collection and segregation system as notified in
the Solid Waste Management Rules, 2016.
2. In exercise of the powers conferred by section 443 of the
Puducherry Municipalities Act, 1973 (No. 9 of 1973), read with rule 15
of the aforesaid Solid Waste Management Rules, 2016, Karaikal
Municipality has drafted this Solid Waste Management Draft Bye-laws,
2021 has been published in the Official Gazette of Puducherry,
Extraordinary Part-II vide No. 59, dated 18th July, 2023, for information
of all persons likely to be affected thereby and notice is hereby issued
that the said Bye-laws shall be taken into consideration after the expiry
of 30 (thirty) days from the date of its publication.
3. No valid Objections or suggestions were received within the
aforesaid stipulated period.
4. The Designated Officer who has been appointed by the
Government under Clause (b) of sub-section (2) of section 109 of the
Puducherry Municipalities Act, 1973 (vide G.O. Ms. No. 21/LAS/A2/2014,
dated 14-11-2014 of the Local Administration Department) to exercise
all the powers and to perform all the functions of Karaikal Municipal
Council has, therefore, adopted the following Draft Bye-laws as final
one.
5. In exercise of the powers conferred upon by sub-section (1) of
section 501 of the Puducherry Municipalities Act, 1973, the Government
has Authorised the Secretary to Government (Local Administration) to
approve and confirm the Bye-Laws of Municipal Councils vide G.O. Ms.
No. 292, dated 06-10-1976 of the Local Administration Department.
6. The Secretary to Government (Local Administration) has
approved and confirmed the following Bye-laws vide G.O. Ms. No. 41/
LAS/A5/2023, dated 10-07-2023 of the Local Administration Secretariat
and has been published in the Official Gazette of Government of
Puducherry for information of the public as required under section 447 (2)
of the Puducherry Municipalities Act, 1973 as Karaikal Municipality Solid
Waste Management (KM-SWM) Bye-laws.
7. These Bye-laws will come into effect immediately from the date
of publication in the Official Gazette.
P. SATHIYA,
Commissioner.
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SOLID WASTE MANAGEMENT (SWM) BYE-LAWS
CHAPTER–I
GENERAL
1. Short title, extent and commencement.— (1) These Bye-laws
may be called as the Karaikal Municipality Solid Waste Management
(KM-SWM) Bye-laws, 2021.
2. Extent of application.— (1) These Bye-laws shall be applicable
within the jurisdiction of Karaikal Municipality.
(2) These Bye-laws shall be read along with–
(a) the Draft Bye-laws “Levy of Collection Charges for Removal
of Solid Waste from Residential and Non-Residential Premises
2017” (framed by Karaikal Municipality) and amendment to the said
Bye-laws published in the Officia l Gazette of Puducherry vide
Extraordinary Gazette, Part-II, No. 34, dated 8th June framed by
Karaikal Municipality.
(b) Plastic Ban Order.— The “Draft Bye-laws For Plastic Waste
Management, 2019, published in the Official Gazette of Puducherry
vide Extraordinary Gazette, Part-II, No. 28, 4th July 2022 framed by
Karaikal Municipality and Amendment succeeding this Bye-law
from time to time by this Municipality.
(c) Construction and Demolition Waste.— The notification
published vide Extraordinary Gazette of Puducherry, Part-II,
No. 11, dated 24th March 2020 for collection and transportation of
Construction and Demolition waste by Karaikal Municipality and
Amendment succeeding this Bye-law from time to time by this
Municipality.
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 Karaikal Municipality to Act on its behalf
including an Empanelled Vendor, for discharge of duties or functions
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[PART–II
under the Solid Waste Management Rules, 2016 and this Bye-laws, 2021
in a manner that is in compliance with all applicable regulations including
Labour Laws;
3.2 “Aerobic composting” 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” mean, 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 “Biodegradable waste” mean, any organic material that can
be degraded by micro- organisms into simpler stable compounds;
3.6 “Bio-methanation” means, a process which entails enzymatic
decomposition of the organic matter by microbial action to produce
methane rich biogas;
3.7 “Ward” means, one among the notified divisions of Karaikal
Municipal jurisdiction containing households, shops and commercial
establishments, streets and roads connecting these households and
establishments, which may however be adjusted by Karaikal Municipality
based on per capita generation of Solid Waste and other local conditions,
to plan for and execute effective waste collection, transportation and
processing.
3.8 “Bio-medical Waste” mean, any waste, which is generated–
(i) during the diagnosis, treatment or immunization of human
beings or animals or in research activities pertaining thereto; or
(ii) in the production or testing of preparation(s) made from
organisms or micro-organisms or product of metabolism and
biochemical reactions intended for use in the diagnosis,
immunization or the treatment of human beings or animals or in
research activities pertaining thereto; or
(iii) in health camps; an illustrative list as specified in Part D
of Schedule-I.
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3.9 “Brand owner” mean, a person or company who sells any
commodity under a registered brand label.
3.10 “Bulk waste generator” mean, and includes buildings
occupied by the Central Government Departments or undertakings, State
Government Departments or Undertakings, Local Bodies, Public Sector
Undertakings or Private Companies, Hospitals, Nursing homes, Schools,
Colleges, Universities, other Educational Institutions, hostels, hotels,
commercial establishments, markets, places of worship, residential
appartments/gated communities/group housing having more than
25 dwelling units, stadia and sports complexes, with an average waste
generation rate exceeding 50 kg. per day or area exceeding 5,000 sqm.
However, Karaikal Municipality 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 Biodegradable 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 Karaikal Municipality and/or for
collection of waste, inconvenient to be accommodated in the daily
Door to Door Collection system provided by Karaikal Municipality.
For example, Old mattress, old furniture or other bulky waste. An
illustrative list as specified in Part E of Schedule-I;
3.13 “Bye-laws” means, the regulatory framework notified by
Local Body, for facilitating the implementation of these rules effectively
in their jurisdiction.
3.14 “C and D Rules” mean, the Construction and Demolition
Waste Management Rules, 2016 including notifications, orders and
directions issued by Karaikal Municipality 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;
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[PART–II
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” mean, any storage facility
set up and maintained by the Municipality/Agency/Service Providers
collectively by owners and or/occupiers of one or more premises for
storage of Solid Waste in a segregated manner in the roadside/premises
of any one of such owners/occupiers or in their common premises,
3.21 “Composting” means, a controlled process involving
microbial decomposition of organic matter;
3.22 “Coprocessing” means, use of non-biodegradable and
non-recyclable solid waste having calorific value exceeding 1,500 kcal/kg
as raw material or as a source of energy or both to replace or
supplement the natural mineral resources and fossil fuels in industrial
processes;
3.23 “Decentralized processing” mean, establishment of
dispersed local facilities for maximizing the processing of biodegradable
waste and recovery of recyclables closest to the source of generation
so as to minimize transportation of waste for processing or disposal;
3.24 “Disposal” means, the final and safe disposal of post
processed residual solid waste and inert street sweepings and silt from
surface drains on land to prevent contamination of ground water, surface
water, ambient air and attraction of animals or birds;
3.25 “Domestic hazardous waste” 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;
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3.27 “Dry waste” mean, waste other than bio-degradable 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-Biodegradable Waste that is operated by Karaikal
Municipality and/or the Agency/Service Provider/Waste picker
organizations/Self Help Groups etc.;
3.29 “Dump sites” mean, a land utilized by Local Body for
disposal of solid waste without following the principles of sanitary land
filling;
3.30 “Event” means, any gatherings for the purpose of
functions, celebrations, meetings, rallies, processions, open air theatre
activities, cinema shootings, etc., in public places;
3.31 “Extended Producer Responsibility” (EPR) mean,
responsibility of any producer of packaging products such as plastic,
tin, glass and corrugated boxes, etc., for environmentally sound
management, till end-of-life of the packaging products; and EPR as
defined in rule 3(h) of Plastic Waste Management Rules, 2016 and
Rule 3(1) (t) E-Waste Management Rules, 2016.
3.32 “E-waste” shall have the same meaning as assigned under
clause (r) of sub-rule (1) of rule (3) of the E-Waste (Management)
Rules, 2016;
3.33 “Empaneled 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 empaneled with Karaikal Municipality for providing services
relating to Solid Waste management after Karaikal Municipality 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;
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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 175
to 192 of the Pondicherry Municipalities Act, 1973.
3.37 “Handling” includes all activities relating to sorting,
segregation, material recovery, collection, secondary storage, shredding,
baling, crushing, loading, unloading, transportation, processing and
disposal of solid wastes;
3.38 “Hazardous waste” mean, any waste which by reason of
any of its physical, chemical, reactive, toxic, causing danger or is likely
to cause danger to health or environment, whether alone or when in
contact with other wastes or substances and shall include wastes
specifically listed in Part C of Schedule-I, of these Bye-laws and all other
hazardous wastes as defined in the Hazardous Wastes (Management and
Handling) Rules, 1989 as amended to date and the Hazardous and Other
Waste (Management and Transboundary Movement) Rules, 2016.
3.39 “Incineration” means, an engineered process involving
burning or combustion of solid waste to thermally degrade waste
materials at high temperatures;
3.40 “Inerts Waste” mean, wastes which are not bio-degradable,
recyclable or combustible such as street sweeping waste or dust and
silt removed from the surface drains or process rejects from processing
of waste;
3.41 “Informal waste collector” include individuals, associations
or waste traders who are involved in sorting, sale and purchase of
recyclable materials;
3.42 “PPCC” means, the Puducherry Pollution Control Committee.
3.43 “Leachate” means, the liquid that seeps through solid
waste or other medium and has extracts of dissolved or suspended
material from it;
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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
neighborhood, market or locality that may or may not be registered with
the Registrar of Co-operative Societies and, or any other Authority;
3.47 “Materials Recovery Facility” (MRF) mean, a facility where
non-compostable solid waste can be temporarily stored by the Karaikal
Municipality or any other entity mentioned in rule 2 of Solid Waste
Management Rules, 2016 or any person or agency authorised by any of
them to facilitate segregation, sorting and recovery of recyclables from
various components of waste by authorised informal sector of waste
pickers, informal recyclers or any other work force engaged by the Local
Body or entity mentioned in rule 2 of Solid Waste Management Rules,
2016 for the purpose before the waste is delivered or taken up for its
processing or final disposal;
3.48 “Neighborhood” means, a clearly defined locality, with
reference to its physical layout, character or inhabitants;
3.49 “New construction” mean, all buildings under construction
within the limits of the Karaikal Municipality;
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.
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[PART–II
3.52 “Nuisance Detectors” (NDs) mean, those employees of the
Karaikal Municipality 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 Karaikal
Municipality and any other entity or agency appointed by the Karaikal
Municipality;
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 Karaikal
Municipality, 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 Karaikal Municipality and/or the
Agency/Service Provider;
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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 Karaikal
Municipality;
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 Karaikal Municipality 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 Municipal
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 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 Karaikal Municipality 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;
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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.
3.71 “Resident Welfare Associations” mean, a group or
association of owners or occupiers of residential premises of a particular
neighborhood or locality lying within the jurisdiction of Karaikal
Municipality, 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 Karaikal Municipality;
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
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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;
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;
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3.80 “Stabilising” means, the biological decomposition of
biodegradable wastes to a stable state where it generates no leachate or
offensive odours and is fit for application to farm land, soil erosion
control and soil remediation;
3.81 “Stabilised biodegradable waste” mean, the biologically
stabilized (free of pathogens) waste resulting from the mechanical/
biological treatment of biodegradable waste; and only when Stabilised
can such waste be used with no further restrictions;
3.82 “Street vendor” mean, any person engaged in vending of
articles, goods, wares, food items or merchandise of everyday use or
offering services to the general public, in a street, lane, side walk,
footpath, pavement, public park or any other public place or private
area, from a temporary built up structure or by moving from place to
place and includes hawker, peddler, squatter and all other synonymous
terms which may be local or region specific; and the words “street
vending” with their grammatical variations and cognate expressions,
shall be construed accordingly;
3.83 “Transportation” means, conveyance of solid waste, either
treated, partly treated or untreated from one location to another in an
environmentally sound manner through specially designed and covered
transport system so as to prevent the foul odour, littering on ground
and unsightly conditions;
3.84 “Transfer station” mean, a facility created to receive solid
waste from primary collection and transport in bulk in covered vehicles
or containers to waste processing and/or disposal facilities with the
transfer of waste and its transport being undertaken as per the
prescribed Standard Operating Procedure following the principle
of No Garbage on Ground (NGoG) and zero spillage of garbage/waste
during transfer or transport;
3.85 “Treatment” means, the method, technique or process
designed to modify physical, chemical or biological characteristics or
composition of any waste so as to reduce its volume and potential to
cause harm;
3.86 “User Charge or SWM Service Charge” mean, a fee imposed
by the Karaikal Municipality 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.
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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
bio degradable waste into compost using earthworms;
3.89 “Ward Micro Plan” mean, the schematic layout indicating
collection times for different categories of Solid Waste, details of the
collection vehicles and points, map of the Ward, roads/streets for street
sweeping and optimal route map for collection and transportation of
waste, manpower and other information required for effective
implementation of the solid waste management as may be considered
appropriate by Karaikal Municipality.
3.90 “Waste Hierarchy” mean, the solid waste management
priority order in which the solid waste is to be managed by giving
emphasis in the following order to the 5, i.e., Refusal (prevention of use),
Reduction, Reuse, Recycling and Recovery and only as a last option
Disposal, i.e., with Prevention being the most preferred option and the
Disposal at the landfill being the least;
3.91 “Waste generator” mean, and includes every person or
group of persons, every residential premises and non-residential/
commercial establishments/institutions including State and Central
Government establishments like Indian Railways, Defense establishments,
etc., which generate solid waste;
3.92 “Waste picker” mean, a person or groups of persons
informally engaged in collection and recovery of reusable and recyclable
solid waste from the source of waste generation, i.e., the streets, bins,
material recovery facilities, processing and waste disposal facilities,
for sale to recyclers directly or through intermediaries to earn their
livelihood.
3.93 “Waste Traders” mean, persons or entities such as scrap
dealers, itinerant buyers and traders who are involved in the sorting,
sale and purchase of Recyclable Non-biodegradable Waste.
3.94 “Zero Waste Campus” mean, a residential or non-residential/
commercial/educational/State/Central Government/Official colony or
campus which ensures that solid waste generated within the campus
is 100% source segregated and processed/treated in situ and other
recyclable wastes pickup are tied up directly with recyclers, without
depending on the waste collection system of Karaikal Municipality/
Service Providers or Empanelled Vendors.
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[PART–II
CHAPTER II
SEGREGATION AND PRIMARY STORAGE
4. As per rule 4 of Solid Waste Management Rules 2016.—
(a) every waste generator including bulk waste generator shall be;
Required to segregate Solid Waste at source of generation and
store into the following categories, as applicable, namely:–
(i) Bio-degradable Waste, also referred to as Wet Waste,
(ii) Non-biodegradable Waste, including Dry Waste,
(iii) Domestic Hazardous Waste, including Sanitary Waste,
(iv) Construction and Demolition (C&D) Waste,
(v) Bulk Garden and Horticulture Waste; and
(vi) Electronic or E-Waste.
(b) The Sanitary Waste such as sanitary napkins, diapers,
tampons and similar products shall be securely wrapped in pouches
provided by the manufacturers or brand owners or in old newspapers
and all Sanitary Waste shall be stored along with the Domestic
Hazardous Waste. Waste Generators such as Bulk Waste Generators,
Educational Institutions, ladies’ hostels and paying guests accommodations
shall ensure that the provisions of these Bye-laws are strictly complied
with and such Sanitary Waste is not disposed in the drainage or
sewerage systems. Failure to comply with this shall lead to fine being
levied as per penalties listed at Schedule X(a).
(c) The Biodegradable Waste, Non-biodegradable Waste and
Domestic Hazardous Waste along with Sanitary Waste shall be each
stored separately, without mixing it, in specified Receptacles (without
using any plastic garbage liner bags) for handing over or delivery to
Karaikal Municipality and/or Agency/Service Provider, as the case may
be. The Waste Generator shall ensure that Non-biodegradable Waste
such as packets, food containers, boxes, bottles, tetra pack cartons and
other disposable items are cleaned and dried so that these items can
be effectively recycled. All Solid Waste including Bio-degradable Waste
shall not be wrapped in plastics bags for handing over to Karaikal
Municipality 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.
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(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
Karaikal Municipality and/or Agency/Service Provider, as the case may
be, shall be:
(i) Green for Biodegradable/Wet Waste;
(ii) Blue for Non-biodegradable/Dry Waste; and
(iii) Red for Domestic Hazardous Waste including Sanitary
Waste.
5. Responsibilities of specific categories of Waste Generators.—
(a) The Waste Generators such as Shops and Commercial
Establishments and Street Vendors shall segregate the Solid Waste
generated during the course of their activity such as food waste,
permissible disposable plates, cups, cans, wrappers, coconut shells,
leftover food, vegetables, fruits and similar items in accordance with the
categories specified in Bye-laws 4(a)/Schedule-I and shall have separate
bins to store for this purpose, without any litter/spillage on ground and
handed over to the service provider. Any litter/spillage found in front
or in and around the establishment or storage of non-segregated/mixed
waste shall be deemed as violation under these Bye-laws and fine shall
be levied as per penalties listed at Schedule-X.
(b) Every occupier of any premises who generates poultry, fish,
meat and slaughter waste as a result of any commercial activity, shall
store such waste separately in a fully closed manner and in hygienic
condition and such waste shall not be mixed with any other category
of Solid Waste. Deposit of such waste in any other receptacle or
community bin or public place is prohibited and shall attract fines as
indicated in Schedule X(a). Karaikal Municipality 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 Karaikal Municipality.
Karaikal Municipality/Service Provider shall provide bins and vehicles
for primary collection and secondary transportation of poultry, fish, meat
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[PART–II
and slaughterhouse waste, will be taken care as per Schedule-VIII
(Annexure-II). Such user charge/service charge shall be notified by the
Karaikal Municipality 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 anyone 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 Karaikal
Municipality, Karaikal Planning Autority/KPA.
(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
Karaikal Municipality to do so. Karaikal Municipality 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 Karaikal Municipality as per the collection and
transportation system authorised by Karaikal Municipality.
(f) In every designated commercial area or areas with commercial
establishments, it shall be the responsibility of the market associations
or group of shop owners or incase of absence of such Association
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(Chamber of Commerce) or Group the individual Shop owner to ensure
that segregated waste bins (as per the type of waste generated) are kept
and that there is no littering and throwing of any type of solid waste on
the roads, footpaths, drains and other such public spaces. Any litter/
spillage found in front or in and around the establishment or storage of
non-segregated/mixed waste in the commercial area shall be deemed as
violation under this 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 Karaikal Municipality for all or certain categories of
segregated Solid Waste, in all Wards of the Karaikal Municipality from:
(a) doorsteps of households, shops, small commercial
establishments and offices;
(b) entry gate or at a designated location on the ground floor
in a Housing Society, multi-storied buildings or appartments,
residential, commercial, institutional complexes or premises which
do not fall within entites specified in Bye-law 6(i)(a) and are not
Bulk Waste Generators; and/or
(c) entry gate or specified places of slums and informal
settlements.
(ii) Upon payment of Service Charge or User Charges specified
in Schedule-VIII (Annexure-I to VI) and subject to provisions of
section 13 of these Bye-Laws, Karaikal Municipality 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, Karaikal Municipality 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.
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[PART–II
(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
Karaikal Municipality or service provider and published at prominently
visible parts of that area and on the website of Karaikal
Municipality. In addition, route maps for collection including stops,
starting and ending times and other relevant details shall be provided
along with the time slots. Karaikal Municipality 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 Karaikal Municipality from time to time.
(v) Karaikal Municipality 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) Karaikal Municipality 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 segregated manner at a
prominently visible, convenient and accessible place within their campus
for Karaikal Municipality 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
Karaikal Municipality 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
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accordance with the time-slots published by Karaikal Municipality and/
or Agency/Service Provider. It shall be the responsibility of Karaikal
Municipality 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) Karaikal Municipality 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) Karaikal Municipality 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 Karaikal Municipality. Bulky Waste generator shall pay the
User charges/Service charges prescribed in Schedule-VIII (Annexure-I toVI)
for availing the services. Services of on call pick up of Bulky Waste will
also be provided by Karaikal Municipality 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 Karaikal
Municipality.
(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. Karaikal
Municipality 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 Karaikal Municipality
or the Agency/Service Provider, details of which shall be provided on
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[PART–II
its website and in its office. Karaikal Municipality/Agency/Service
Provider as the case maybe, will collect relevant charges specified in
the C&D Rules or Bye-laws by Karaikal Municipality 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.— Karaikal Municipality may notify
certain areas within its jurisdiction which are inaccessible for collection
vehicles/pushcarts or for any other reason deemed appropriate by
Karaikal Municipality, for Point to Point Collection. For implementation
of Point to Point Collection, Karaikal Municipality 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, Karaikal
Municipality 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, Karaikal Municipality 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 Karaikal Municipality, within the maximum rate notified by Karaikal
Municipality for this purpose.
(b) The Street Vendor has to deliver waste duly segregated to
Karaikal Municipality/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.
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(d) Karaikal Municipality 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 Karaikal
Municipality in prescribed in Schedule-VI before starting
construction or demolition or remodeling work and keep the
concerned officers in Karaikal Municipality are to be informed
regarding the relevant activities from the planning stage to the
implementation stage and an amount as per Schedule-IX (b) has
to be paid by the waste generator to the Karaikal Municipality.
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 Karaikal Municipality.
(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
Karaikal Municipality and ensure that there is no littering or
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deposition of construction and demolition waste in public places,
roads, drains, etc., so as to prevent obstruction to the traffic or
the public or drains or cause public nuisance.
2. Procedure for Storage of C&D Waste:
(a) The Municipal Health Officer/Engineer/Sanitary Inspector of
Karaikal Municipality 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 municipality and obtain necessary written approval from
the Municipal Health Officer/Engineer/Sanitary Inspector of
Karaikal Municipality 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 Karaikal Municipality
If, the generator fails to do so with in the stipulated 2 days period,
C&D waste thus stored shall be removed and transported by the
municipality 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 Karaikal Municipality without giving any notice
thereof.
(b) Karaikal Municipality 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) Karaikal Municipality shall explore all opportunities for the
gainful utilization of the C&D waste.
10. Vehicles for transportation of Solid Waste.— (a) Karaikal
Municipality/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
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have these compartments for different streams of Solid Waste, separate
days shall be designated for collection of Bio-degradable,
Non-bio-degradable 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, Karaikal Municipality
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) Karaikal Municipality 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. Karaikal Municipality 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 Karaikal Municipality. Every primary collection vehicle shall
be assigned a Secondary Transfer/Storage Point where the segregated
Solid Waste shall be transferred with minimising waste handling
manually, i.e., directly into the secondary transportation vehicle or
secondary storage facility. Such Secondary Transfer/Storage Point shall
be identified in the ward micro plan and shall be located at a convenient
shortest possible distance from the primary Door-to-Door Collection
areas. Each secondary vehicle shall have a destination of a processing
facility, material recovery facility, 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.
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(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. Karaikal Municipality 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) Karaikal Municipality 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 Karaikal Municipality. For the purpose of
transparency and accountability, general public shall also be given
access to the above.
CHAPTER IV
PROCESSING AND DISPOSAL OF SOLID WASTE
11. Facilities to be provided by Karaikal Municipality.—
(1) Dry Waste Collection Centres (DWCCs) and Materials Recovery
Facility (MRF) for Dry Waste.— (a) Karaikal Municipality shall set
up Dry Waste Collection Centres and/or Materials Recovery Facilities
and the same shall be operated by Karaikal Municipality through
informal waste picker organisations/waste pickers and Women’s Self
Help Groups or any service provider integrated into the Karaikal
Municipality’s dry waste collection system for collection and sorting of
Non-bio-degradable 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.
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(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 Karaikal Municipality
by the Karaikal Municipality 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, Karaikal Municipality, Agency/Service Provider,
Empanelled Vendor and/or any other Person involved in handling or
management of Solid Waste shall ensure that different categories of Solid
Waste are processed in the following manner, namely:–
(a) Processing of the Biodegradable Waste (Wet Waste).—
Decentralised and/or centralised processing such as composting,
vermi-composting, microbial composting, aerobic compositing, anaerobic
digestion, bio-methanation or any other PPCC/CPCB approved process
for bio-stabilisation of Biodegradable Waste shall be adopted for
processing of Biodegradable Waste. Fresh Bio-degradable waste can also
be used as animal feed if such waste is safe for consumption by
livestock.
(b) Processing of Recyclable Non-Biodegradable Waste (Dry
Waste).— The Recyclable Non-Biodegradable Waste shall be sent to–
(i) Dry Waste Collection Centres, Materials Recovery
Facilities for sorting and baling of Dry Waste and thereafter to
authorised recycling Units; or
(ii) directly to authorised recycling units to be turned into
raw materials for producing new products.
(c) Processing of Domestic Hazardous Waste including
Sanitary Waste.— The Domestic Hazardous Waste shall be processed
through TSDF (Treatment Storage Disposal Facility) authorised by the
PPCC, incineration and/or any other suitable method determined by the
PPCC/CPCB. Sanitary Waste will be processed at the nearest common
biomedical treatment facility and/or incinerators to be setup in Karaikal
Municipality along with other Bio-medical Waste generated within the
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Karaikal Municipality. Only process rejects and inerts from these
processing methods shall be transported to Sanitary Landfills for final
disposal.
(d) Processing of Non-Recyclable Non-biodegradable waste.—
The Non-Biodegradable Waste which cannot be recycled in accordance
with Section 12(b) of these Bye-laws and having calorific value exceeding
1,500 kcal./kg. shall be used for Waste to Energy (WtE) processes
including Refuse Derived Fuel (RDF) for combustible fraction of waste
or supply as feedstock to solid waste based power plants or cement
kilns. The Non-biodegradable Waste which cannot be recycled in
accordance with section 12(b) of these Bye-laws and having calorific
value less than 1,500 kcal./kg. can be treated as per applicable CPCB
and/or PPCC guidelines to make it suitable for relevant waste to energy
processes.
(e) Processing of Construction and Demolition Waste.— The
Construction and Demolition Waste shall be processed in accordance
with these Bye-laws and C&D Rules (including separate Bye-laws to be
issued by Karaikal Municipality) 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 the methods set in
section 12 (a) to (g) above shall be disposed in a Sanitary Landfill in a
scientific manner. Karaikal Municipality shall strive to ensure that the
residue from different processing facilities shall not exceed 35% of the
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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 Karaikal Municipality shall strive
towards a goal where only minimal Solid Waste shall be disposed in
Sanitary Landfills (Zero landfilling).
13. Layout and specifications.—The processing facilities and
Sanitary Landfills should have weighbridges/weighing scales to measure
and record the amount of waste brought to the units. All rejects, residues
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,
Karaikal Municipality and/or relevant authority or prescribed by any law
for the time being in force.
14. Disposal of Solid Waste.— (i) Biomedical Waste, E-waste,
hazardous chemicals and industrial waste shall be collected, processed
and disposed off 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) Karaikal Municipality 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-laws 12(a) to (g) and inerts.
(iv) Karaikal Municipality shall also investigate and analyse all
old open dumpsites and existing operational dumpsites for their potential
of bio-mining and bio-remediation and wheresoever feasible, take
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[PART–II
necessary actions to bio-mine or bio-remediate these sites as part of its
commitment towards legacy waste management as prescribed in Solid
Waste Management Rules, 2016. In the absence of potential of bio-
mining and bio-remediation of dumpsite, it shall be scientifically capped
as per landfill capping norms issued by CPCB and/or PPCC and as
prescribed in Solid Waste Management Rules, 2016 to prevent further
damage to the environment. The bio-remediation or capping of old and
abandoned dumpsites shall be carried out by Karaikal Municipality
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) Karaikal
Municipality shall ensure compliance of all labour and welfare
regulations and Schemes applicable to its Street Sweepers or Sanitary
Workers and other eligible waste workers working in waste management
sector in relation to wages, working hours, holidays, statutory benefits
such as provident fund, Employee’s State Insurance and maternity
benefit.
(ii) There shall be regular medical check-ups of the Sanitary
Workers and other eligible waste workers working in waste
management for occupational diseases and shall include
examination of respiratory organs and treatment of skin injuries
and other occupational and lifestyle diseases.
(iii) In case of any kind of injury or death during service,
the Sanitary Worker shall be eligible for adequate monetary
compensation as decided by Karaikal Municipality. 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 Karaikal Municipality or as per
the contract/Agreement/MOU Executed.
(2) Protective equipment and other facilities.— (i) Karaikal
Municipality 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.
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(ii) Karaikal Municipality shall also provide potable drinking
water, toilets, changing rooms and first-aid facilities to all the
Sanitary Workers and other eligible workers involved in waste
management at the Office of the Sanitary Inspectors.
(3) Training and capacity building.— Training shall be given
by Karaikal Municipality 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.— Karaikal Municipality 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. Karaikal
Municipality shall maintain records of Waste Pickers operating within
its jurisdiction.
(2) Registration of Waste Traders.— Karaikal Municipality
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 Karaikal Municipality.
(3) Involvement in Solid Waste Management activities.—
Karaikal Municipality 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. Karaikal Municipality
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 Karaikal Municipality’s requirements. Karaikal Municipality 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, Karaikal
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Municipality, 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 Karaikal Municipality, either
through itself and/or reputed Agency/Service Providers to train and
educate Waste Pickers, Waste Traders and other informal sector players
on various topics such as environment, health and safety standards,
requirements of Solid Waste Management Rules and other regulations,
authorised processing facilities for Non-Biodegradable Waste among
others.
CHAPTER–VI
LITTERING AND PUBLIC NUISANCE
17. Prohibition of littering and provision of community bins.—
(1) Littering in any public, open or vacant property.— No Person shall
throw, deposit or cause to be thrown or deposit any solid waste in any
public place, including in any type of water body (natural or manmade)
except in a manner provided for in these Bye-laws, the Environment
(Protection) Act, 1986, the Solid Waste Management Rules, 2016, or any
other applicable Act or rules or guidelines framed thereunder.
(2) Litter-throwing from vehicles.— No person, whether a
Driver or passenger in a vehicle, shall litter upon any street, road,
sidewalk, playground, garden, traffic island or other public place.
(3) Litter from goods vehicles.— No person shall drive or move
any truck or other goods vehicle unless such vehicle is so constructed
and loaded so as to prevent any load, contents or litter from being blown
off or deposited upon any road, sidewalks, traffic island, playground,
garden or other public place.
(4) Litter by owner of pet animals.— It shall be the
responsibility of the owner of any pet animal to promptly scoop or clean
up any litter created by such pet on the street or any public place and
take adequate steps for the proper disposal of such waste as
Bio-degradable Waste.
(5) Community bins and Waste Receiving Kiosks in public
places.— Karaikal Municipality shall provide and maintain suitable
Community bins/Receptacles on public spaces such as roads (in
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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 Bio-degradable Waste.
Karaikal Municipality 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, Karaikal
Municipality shall also provide segregated waste drop off points
wherever feasible.
18. Prohibition of Public Nuisance.— (1) No person shall create
any Public Nuisance such as spitting, urinating, defecating, feeding
animals/birds or allowing their droppings, or any other object or keeping
any type of storage in any public place except in such public facilities
or conveniences specifically provided for any of these purposes and
permitted by concerned authorities. The provisions of these Bye-laws
relating to Public Nuisance will be construed and implemented in
harmony with the Street Vendors (Protection of Livelihood and
Regulation of Street Vending) Act, 2014.
(2) Nuisance Detectors.— Karaikal Municipality 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, Karaikal Municipality shall deploy any suitable
person/agency as SWM Marshals in every ward and other SWM
processing and disposal facilities who shall exercise control on persons
creating any public nuisance under these Bye-laws.
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(4) To support and act as a liaison between ward related SWM
issues and SWM Cell of Head Office, Karaikal Municipality shall also
appoint an Officer, as a Nodal Officer for SWM called as the SWM Nodal
Officer.
CHAPTER–VII
BULK WASTE GENERATORS
19. Definition of Bulk Waste Generator.— Bulk Waste Generator
includes buildings occupied by the Central Government Departments or
undertakings, State Government Departments or undertakings, Local
Bodies, public sector undertakings or private companies, Hospitals,
Nursing Homes, Schools, Colleges, Universities, other Educational
Institutions, hostels, hotels, commercial establishments, markets, places
of worship, residential apartments/gated communities/group housing
having more than 25 dwelling units, stadia, and sports complexes, with
an average waste generation are exceeding 50 kg. per day or area
exceeding 5,000 sqm. However, Karaikal Municipality reserves the right
to modify the threshold of waste generation for being declared as Bulk
Waste Generator at any later point of time and also the manner of
collection of bulk waste, as notified through an official order.
20. Identification of Bulk Waste Generator.— (a) Public notice
and verification within thirty days of these Bye-laws coming into force,
or thereafter from time to time Karaikal Municipality 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, Karaikal
Municipality through itself or an Agency/Service Provider, shall carry
out field survey as per its own records to identify individual Bulk Waste
Generators and issue notices to them as per the format specified in
Schedule-III instructing them to comply with the applicable provisions
of Solid Waste Management Rules and these Bye-laws.
(b) Self declaration.— The individual Waste Generator
identified by Karaikal Municipality 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
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also at a later date apply for declassification from such category by
submitting the declaration in the Form specified in Schedule-IV to Karaikal
Municipality.
(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
Karaikal Municipality.— (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;
(ii) set up processing units for onsite processing of
Bio-degradable Waste through composting, bio-methanation
and/or any other technology approved by PPCC/CPCB or any
other appropriate Government Authority.
(iii) set up sorting and temporary storage space for dry waste
and hazardous waste collected before, it is sent to recyclers/
informal waste picker organisations.
2. All Bulk Waste Generators shall ensure segregation of Solid
Waste at source within their premises into the following categories
namely:–
(i) Bio-degradable Waste, also referred to as Wet Waste,
(ii) Non-biodegradable Waste, also referred to as Dry Waste,
(iii) Domestic Hazardous Waste, including Sanitary Waste,
(iv) Bulk Garden and Horticulture Waste; and
(v) Electronic or E-Waste and facilitate collection, processing
and disposal of segregated Solid Waste in the manner specified in these
Bye-laws Schedule-I.
3. All Bulk Waste Generators shall, either,
(i) by their own arrangement, process the Non-biodegradable
Waste in accordance with these Bye-laws and Solid Waste
Management Rules 2016;
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(ii) engage Empanelled Vendors of Karaikal Municipality for
collection,
transportation
and
processing
of
their
Non-biodegradable Waste on mutually agreed terms; (or)
(iii) handover their Non-Biodegradable Waste to Karaikal
Municipality or its service provider collection vehicle as a part
of the door to door collection system on payment of SWM User
Charge/Service Charge as specified in Schedule-VIII (Annexure-II
and V/or through an empanelled vendor by Karaikal
Municipality.
4. Depending on availability of space, Karaikal Municipality
shall, either through itself or an Agency/Service Provider, set up
composting, bio-methanation or any other suitable facility for processing
Bio-degradable 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 Karaikal
Municipality from time to time. In the event, there is no space
to set up a Biodegradable Waste processing facility in the
market premises, the collection vehicle of such Bulk Waste
Generators shall collect the Biodegradable Waste from these
markets at specified times and dates, and take it to the
processing Unit.
5. The markets managed and/or set up by the Agricultural
Produce Market Committee shall,
(i) mandatorily ensure that their Biodegradable Waste is
processed through composting, bio-methanation or any other
methods approved by the PPCC/CPCB within their respective
premises (in-situ);
(ii) use fresh Bio-degradable waste as animal feed if, such
waste is safe for consumption by livestock; and
(iii) handover their Non-Biodegradable Waste to the
collection vehicle that will be provided by Karaikal Municipality
on dates and times notified by Karaikal Municipality on payment
of necessary user charges at the rates specified in Schedule-VIII
(Annexure-II and V).
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6. Karaikal Municipality shall enforce in-situ processing of Bulk
Horticulture and Garden Waste in parks, gardens and similar appropriate
places, as far as possible. Karaikal Municipality through itself and/or
an Agency/Service Provider, shall set up small scale composting or
bio-methanation plants (i.e., processing less than five tons of Bio-
degradable Waste per day) in public parks, playgrounds, recreation
Grounds, Gardens, Markets, Large Vacant lands owned and maintained
by Karaikal Municipality, any other public authority or Governmental
Department if, place available.
7. Karaikal Municipality 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-biodegradable Waste to the Waste Traders or authorised recycling
units which recycle waste in accordance with the provisions of these
Bye-laws and shall be entitled to retain the amounts realised from these
sales.
9. The Waste Generators who do not use the services of
Karaikal Municipality (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 Karaikal Municipality with respect to its operations as per directions
issued by Karaikal Municipality from time to time.
22. Social Gathering/Events.— No person shall organise an event
or gathering of more than fifty Persons at any licensed or unlicensed
place without intimating Karaikal Municipality 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
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ensure segregation of Solid Waste at source and handover 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 Karaikal Municipality for
the cleaning, collection and transport of Solid Waste Generated as a
result of that event, they shall apply to the concerned authority at
Karaikal Municipality and pay the necessary charges in advance as per
Schedule-VIII (Annexure-V) fixed for this purpose by Karaikal
Municipality. Any notification issued in this regard by the Commissioner,
Karaikal Municipality 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 Karaikal Municipality 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 Karaikal Municipality for
obtaining such permission will be held responsible for payment of fine.
23. Public gatherings and Events in Public Places.— In the event
of public gatherings and events in public places for any reason
(including for temple festivals, processions, exhibitions, circus, fairs,
political rallies, commercial, sociocultural events, protests and
demonstrations, etc.,) the organiser shall apply to the concerned
authority of Karaikal Municipality and pay the necessary cleanliness
deposit charges in advance as per Schedule-IX (a) fixed for the purpose
by Karaikal Municipality 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 Karaikal Municipality for the cleaning,
collection and transport of Solid Waste generated as a result of that
event, they shall apply to the concerned authority at Karaikal Municipality
and pay the necessary charges in advance as per Schedule-VIII
(Annexure-V) fixed for this purpose by Karaikal Municipality.
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
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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
Karaikal Municipality shall be forfeited and the organiser shall have no
claim towards this amount. Karaikal Municipality 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 Karaikal Municipality and Empanelled Vendors.— (1) SWM
Service Charge shall also be payable by all Waste Generators including
Bulk waste Generators for provision of services for collection,
transportation, processing and disposal of Solid Waste by Karaikal
Municipality and/or the Agency/Service Provider/Empanelled Vendors,
at the rates as specified in Schedule-VIII (Annexure-I to VI). The SWM
Service Charge shall be payable to Karaikal Municipality for the services
provided by it, through itself or an Agency/Service Provider or to
Empanelled Vendors as the case may be from whom such services are
availed by the Waste Generator. The SWM Service Charge mentioned
in Schedule-VIII (Annexure-I to VI) shall stand automatically increased
by 10% every year (rounded off to the nearest multiple of ` 5) with effect
from April 1 of each successive year, unless specifically increased to a
higher level as per need, at any time during the year. These rates shall
be advertised on the website of Karaikal Municipality and/or of the
Agency/Service Provider.
(2) The rates for the Solid Waste Management services provided
by an Empanelled Vendor/Selected Vendor shall be as per the service
Charges detailed at Schedule-VIII (Annexure-I to VI).
(3) It is clarified that the Waste Generators including Bulk
Generators who process their Solid Waste in accordance with these
Bye-laws, either through themselves (in situ) or an Empanelled Vendor
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[PART–II
at Service Charges as detailed at Schedule-VIII (Annexure-V) and paid
directly; shall not be required to pay the relevant Service Charge to
Karaikal Municipality.
(4) The SWM Service Charge shall be collected in person or
through online payment by Karaikal Municipality and/or any other
Person authorised by Karaikal Municipality. Specific days in a month,
preferably in first week of each month, shall be fixed by Karaikal
Municipality, for collection of SWM Service Charge. The SWM Service
Charge may also be collected by Karaikal Municipality by charging the
amount through property tax, licence fees, etc., under provisions of
Puducherry Municipalities Act, 1973. Karaikal Municipality may evolve
additional mechanisms for billing/collection/recovery of SWM Service
Charge, from time to time and these shall be notified through general or
special order/notification.
(5) Karaikal Municipality by itself or through an Agency or
Service Provider shall prepare the database of all the Waste Generators
for the purpose of levying SWM Service Charge and this database shall
be updated regularly and published on the website of Karaikal
Municipality.
(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 Karaikal
Municipality.
(7) In case of default of payment of SWM Service Charge for
more than 6 (six) months, Karaikal Municipality or any other Competent
Authority may recover the SWM Service Charge along with the
surcharge from the defaulter as arrears of land Revenue under Revenue
Recovery Act, 1970. In addition, Karaikal Municipality and/or the
Agency/Service Provider, as the case may be, shall also have the
discretion to stop providing Solid Waste management services till such
SWM Service Charge along with the surcharge amount is paid by the
defaulter.
(8) All amounts collected as SWM Service Charge by Karaikal
Municipality 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 Karaikal Municipality’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 Karaikal
Municipality from time to time.
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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,
Karaikal Municipality 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, Karaikal
Municipality 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, Karaikal Municipality shall
have power to suspend/cancel Trade Licence or take any other
appropriate legal action against the offender, including filing of criminal
cases, sealing of premises, etc.
(2) The fine or penalty mentioned in Schedule-X (a-d) shall be
increased upward by 10%. In addition, Karaikal Municipality, 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) Karaikal Municipality shall take appropriate Departmental
action against the employees of Karaikal Municipality, 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, Karaikal Municipality shall have the power to take any one
or more of the following actions:
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(i) levy a fine which may extend up to ` 25,000 (Rupees twenty
five thousand) for the first offence and for a second or subsequent
offence with fine which may extend up to twice the penalty amount
for the first offence;
(ii) termination of contract or arrangement with Karaikal
Municipality for C&D Waste Management/Bulk Waste Management/
Solid Waste Management, cancellation of Empanelment Certificate
or any other authority granted by Karaikal Municipality; 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 Karaikal Municipality jurisdiction for at least five
years.
(5) Karaikal Municipality 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 (Protection) Act, 1986,
the Indian Penal Code, 1860, the Water (Prevention and Control of
Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act,
1981 for violation of any provisions thereunder.
(6) All amounts collected as spot fines and penalties by and
on behalf of Karaikal Municipality 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 Karaikal Municipality’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 Karaikal Municipality from
time to time.
CHAPTER–X
OTHER RESPONSIBILITIES AND
DUTIES OF KARAIKAL MUNICIPALITY
28. Other Responsibilities and Duties of Karaikal Municipality.—
In addition to the responsibilities and duties specified in other Chapters
of these Bye-laws, Karaikal Municipality shall also have the following
additional duties, namely:
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(i) Ward Micro Plan.— Karaikal Municipality shall create a
Solid Waste Management micro plan for every Ward after discussions
with relevant stakeholders and ensure its implementation. The Ward
Micro Plan for SWM shall contain the collection times for different
categories of Solid Waste, details of the collection vehicles and points,
detailed map of the Ward, roads/streets for street sweeping and optimal
route map for collection and transportation of waste, manpower and
other information required for effective implementation of the Solid Waste
Management as may be considered appropriate by Karaikal Municipality.
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 Karaikal Municipality shall conduct regular checks
in various parts of the Wards and other places of collection,
transportation, processing and disposal of Solid Waste within its
territorial limits to supervise compliance of various provisions of Solid
Waste Management Rules and these Bye-laws. In addition, Authorised
Officers by the Municipality/Government shall monitor and review the
implementation of the Ward Micro Plan and prepare Ward action taken
report on a monthly basis for onward submission to the Commissioner
of Karaikal Municipality, as the case may be. Any Authorised Officer of
Karaikal Municipality 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
Karaikal Municipality 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 Karaikal Municipality
is writing.
(iii) Review of the Empanelled Vendors and Agency/Service
Providers.— Karaikal Municipality 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, Karaikal
Municipality 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.
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(iv) Publicity and citizen information services.— Karaikal
Municipality shall publicise the provisions of the Bye-laws through the
print and electronic media, signs, advertisement, leaflets publishing in
Karaikal Municipality website and through any other appropriate means,
so that all citizens are made aware about the duties of citizens and
Karaikal Municipality in relation to segregation, recycling, littering,
nuisance, penalties and fines. Karaikal Municipality 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 Karaikal
Municipality shall designate Nodal Officer under his control for each
constituency who shall be responsible for,
(a) implementing the responsibilities of Karaikal Municipality
specified under these Bye-laws,
(b) address grievances of the Waste Generators and
suggestions for improvements in the implementation of the
Bye-laws,
(c) levy fines and penalties, and
(d) other functions as may be deemed appropriate by
Karaikal Municipality, from time to time.
(vi) Transparency and public accessibility To ensure greater
transparency and public accessibility, Karaikal Municipality 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 Karaikal Municipality
during its working hours such as,
(a) Name and contacts of the Nodal Officers who shall be
responsible for implementing the obligatory responsibilities of
Karaikal Municipality 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 Karaikal
Municipality to address the complaints;
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(d) Details of SWM Service Charge/User Charges, penalties
and spot fines collected by and on behalf of Karaikal
Municipality in monthly basis;
(e) Details and reports of SWM vehicles movement tracked
through GPS and Smart Data Centre set up for this purpose; and
(f) Reports and status of compliance of various provisions
of the Solid Waste Management Rules and these Bye-laws
including results of regular and surprise checks by Karaikal
Municipality.
(vii) Extended Producer Responsibility.— Karaikal Municipality
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.
Karaikal Municipality shall engage with the State Government for
ensuring that the funds available under EPR for specific streams of waste
are made available towards the cost for collection, transportation,
processing and disposal of wastes produced by them.
(viii) Regular cleaning and Street Sweeping.— Karaikal
Municipality 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 Karaikal Municipality 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 Karaikal Municipality shall provide for
transportation of,
(i) Bio-degradable Waste to a convenient Bio-degradable
processing facility;
(ii) Non-Biodegradable Waste to DWCC and materials
recovery facility; and
(iii) Silt, dust, drain silt and other inert waste to the sanitary
landfill and/or any other processing facility as may be notified
by Karaikal Municipality from time to time.
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(ix) Creating Incentives:— (a) Karaikal Municipality may
consider creating systems for incentives for adoption of decentralised
processing of Bio-degradable Waste such as bio- methanation and
composting such as awarding and recognizing the Waste Generator by
giving certificates and publishing their names on Karaikal Municipality’s
website.
(b) Zero-waste neighbourhoods, Apartment Complexes and
Commercial Buildings shall be adequately encouraged by
Karaikal Municipality and/or Agency/Service Provider, as the
case may be.
(c) Karaikal Municipality shall also devise a system to
encourage its SWM Officials who work towards achieving total
segregation of waste, in situ processing of waste, and creation
of more zero waste neighbourhoods.
(x) Chemical fertilizers.— (a) Karaikal Municipality 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 Karaikal
Municipality and/or the Agency/Service Provider or that
obtained from home/in situ composting done by public.
(xi) Occupational safety.— (a) Karaikal Municipality 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) Karaikal Municipality 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 Karaikal Municipality in
the format specified in the Solid Waste Management Rules 2016.
The head of Karaikal Municipality shall review the form, conduct
an enquiry if, necessary and issue appropriate instruction to the
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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) Karaikal Municipality 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/
Twitter, and/or any other mechanism which Karaikal Municipality may
consider appropriate keeping in mind the population and quantity of
Solid Waste generated. Hence, the grievance may be submitted to the
Karaikal Municipality/Service Provider through telephone, e-mail, post,
on the mobile application and/or in person by any citizen within the
Territorial limits of Karaikal Municipality.
(b) Karaikal Municipality shall ensure that each SWM
grievance is redressed and informed to the citizen in a timely
and efficient manner.
(xiii) Training and public awareness.— (a) Karaikal Municipality
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) Karaikal Municipality 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) Karaikal Municipality 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 Karaikal Municipality
on its website so as to facilitate and support the citizens in
processing their Solid Waste.
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(d) Karaikal Municipality, shall, carry out awareness
activities to achieve stream-wise segregation, waste reduction
through in situ composting and better management of SWM
through training of workers in the wards through the Link
workers in the wards.
(xiv) Conversion of all Government Offices and Schools within
Karaikal Municipality jurisdiction into zero waste campuses and home
composting of waste by offices.— (a) Karaikal Municipality 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 Karaikal Municipality 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. Karaikal Municipality 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.— Karaikal Municipality 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 3Rs of Reduce,
Reuse and Recycle would be the guiding principle in waste handling
and processing.
(xvii) Management of Legacy Waste.— Karaikal Municipality,
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.
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(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 Extraordinary Official Gazette Part-II,
No. 49, dated 19-09-2019.
(b) Strict action will also be taken to close and seal the
premises/suspend or even cancel the Trade Licence of those
shops and establishments who continue using banned plastic
even after two repeated warnings with in a month and levy of
penalty for the same.
(c) The fines and penalties shall also be applicable on
customers and general public who use single use plastics as
banned in Bye-laws for Plastic Waste Management, 2019, in the
Extraordinary Official Gazette Part-II, No. 49, dated 19-09-2019.
(d) Karaikal Municipality shall have a right to conduct raids,
seize banned plastic manufactured/stocked/being transported/
sold. Also Karaikal Municipality 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 Karaikal
Municipality 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.
(xix) Prohibition of Employment of as Menual Scavengers and
Rehabilitation Act,, 2013.— The Provisions under the said law has been
to be strictly followed by authorities of Municipality and violators to
be booked by filing FIR in Police Station at the place of occurrence.
CHAPTER–XIII
MISCELLANEOUS
29. Coordination with Government bodies.— Karaikal
Municipality 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.
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30. Review of implementation.— Karaikal Municipality will review
the effective implementation of these Bye-laws and whether any
amendments or updating is required, atleast with in every three year or
earlier if, felt necessary, and take appropriate steps to ensure course
correction such as evaluation of Karaikal Municipality’s achievements
against its targets.
31. The guidelines issued by the Ministry from time to time and
the details envisaged in such guidelines shall be applied in this Bye-law
also.
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
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(iv) Metal objects and wire
(v) Plastic
(vi) Aluminum cans
(vii) Rexene
(viii) Rubber
(ix) Wood/furniture
(x) Packaging
(xi) Fabrics
(xii) Styrofoam
(xiii) Thermocol
* The above are sample lists and will be customized (i.e., items to be
added or removed) by each Karaikal Municipality 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
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PART-D
Illustrative list of Biomedical Waste
[Refer Bye-law 3.8 (iii)]
(For a complete list, please refer to Schedule I of
Biomedical Waste Mana gement Rules, 2016)
(i) Items contaminated with blood, body fluids like dressings, plaster
casts, cotton swabs and bags containing residual or discarded
blood and blood components.
(ii) Expired or discarded medicines such as pharmaceutical waste like
antibiotics, cytotoxic drugs including all items contaminated with
cytotoxic drugs along with glass or plastic ampoules, vials etc.
(iii) Discarded linen, mattresses, beddings contaminated with blood
or body fluid.
(iv) Tubing, bottles, intravenous tubes and sets, catheters, urine
bags, needles, scalpels, blades, syringes (without needles and fixed
needle syringes) and vacationers with their needles cut and gloves.
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 Karaikal Municipality,
notwithstanding any other rule/provision, hereby directs all Bulk Waste
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Generators of Solid Waste defined as (i) generating 50 kg. or more of
Solid Waste (from all waste streams) per day or (ii) gated communities,
Central Government Departments or Undertakings, State Government
Departments or Undertakings, Local Bodies, Public Sector Undertakings
or Private Companies, Hospital, Nursing Homes, Schools, Colleges,
Universities, Other Educational Institutions, Hostels, Hotels, Commercial
Establishments, Theaters, Markets, Places of Worship, Stadia and Sports
Complexes etc., with an area of 5,000 sqm. or more or generating more
than 50 kgs. or more of Solid Waste, to implement the provisions of the
Solid Waste Management Rules, 2016 and the Bye-laws thereof notified
by
Karaikal
Municipality
available
at
website
at
http://
[email protected]/ not later than 60 days (by date .......................)
from the date of this notice, including segregation of Solid Waste into
5 (five) categories/streams (Bio-degradable, Non-Biodegradable,
Domestic Hazardous Waste including sanitary waste, Bulk Garden and
Horticulture waste and Electronic or E-Waste) at source and in-premises
processing and treatment of Bio-degradable Waste. Detailed instructions
are available in the Bye-laws available at website at http://
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 Karaikal
Municipality 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 Karaikal Municipality.
Place :
COMMISSIONER,
Karaikal Municipality.
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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 : KM — 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, Karaikal Municipality has designated you as Bulk Waste
Generator. Accordingly, you are hereby directed to comply with the
provisions of the Solid Waste Management Rules, 2016, Bye-laws and
implement segregation of waste at source, segregated storage within
premises and processing and treatment of Bio-degradable Waste within
premises or processing tied-up with an Empanelled vendor or a Vendor
selected by you.
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://[email protected]) which should be filled up and submitted
to Karaikal Municipality’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,
Karaikal Municipality.
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SCHEDULE–IV
(See Bye-law CHAPTER–VII)
SELF-DECLARATION FORMAT
(for Non-Bulk Waste Generator)
Date :
I/We/M/s. ............................. located at premises ............................
(address) ........................................................................................................,
(phone) .............................................. (mobile) ..............................................,
(e-mail) ............................................... and holder of ................................
Urban Local Body Occupancy Certificate/Property Tax Assessment
No. ...................... or Trade Licence No.
I/We/M/s. ............................. hereby self-declare that the total
daily Solid Waste generated from our premises is less than 50 kgs.,
hence, not a Bulk Waste Generator.
I/We/M/s. .......................... understand that the .................................
Karaikal Municipality is free to enter the premises to check and verify
the quantity of Solid Waste generated in the premises. During any such
verification, if 50 kg. or more Solid Waste is found generated, 5,000
sq.mt./25 dwelling units, this self-declaration becomes void and I/we/
M/s. can be categorized as Bulk Waste Generator and Karaikal
Municipality 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,
Karaikal Municipality.
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SCHEDULE–V
FORM OF ANNUAL RETURN BY A WASTE GENERATOR
WHO DOES NOT USE THE SERVICES OF KARAIKAL
MUNICIPALITY AND/OR ITS AGENCY/SERVICE PROVIDER
Sl.
Heading
Details
No.
(1)
(2)
(3)
1
Name and address of the Waste Generator–
Phone No.
:
E-mail Address :
2
Type of Waste Generator–
Type of Waste Generator
Domestic household,
Commercial shop or establishment,
Educational Institutions, School, College
and Research Institutes, Government Offices,
Courts and other Premises occupied by the
local, State or Central.
3
Total quantity of Solid waste generated–
Quantity of Solid Waste generated per year
Per capita waste generated per year
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.
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8
Details of technologies adopted for
processing–
Composting
Quantity
Bio-
degradable Waste
processed per year.
Quantity of produced
per year.
Q u a n t i t y
o f
residual
waste
generated per year.
Bio-methanation
Quantity
Bio-
degradable Waste
processed per year.
Quantity of biogas
produced per year.
Q u a n t i t y
o f
r e s i d u a l w a s t e
generated per year.
9
Quantity of the Non-biodegradable collected
per year.
10
Quantity of the Domestic Hazardous Waste
collected per year.
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>
(1)
(2)
(3)
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To :
The Commissioner,
Karaikal Municipality,
Karaikal.
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 Karaikal
Municipality 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 Karaikal Municipality
The request is granted to store C&D Waste in the premises of the
applicant/..................................................... (place allotted by Karaikal
Municipality) 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 the to the C&D waste yard without fail.
Place :
MHO/JUNIOR ENGINEER/
Date :
SANITARY INSPECTORS.
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>
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To :
The Commissioner,
Karaikal Municipality,
Karaikal.
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 Karaikal Municipality at ......................................... to the C&D yard
notified by the Karaikal Municipality. The approximate quantity is around
......................... tonne/m3.
Yours faithfully,
(Name and Signature of the applicant)
————
SCHEDULE–VIII
(See Bye-law CHAPTER–III)
SWM SERVICE CHARGE/USER CHARGE/LICENCE FEE
ANNEXURE–II
Sl.
Category of Waste and
Rate of
Period
No.
Waste Generator
Collection
Charges
(1)
(2)
(3)
(4)
`
1
Residential houses/buildings with plinth
Nil
area up to 1,000 Sq.ft.
2
Residential houses/buildings with plinth
50
Per
area of more than 1,000 sq.ft. but, up to
Month
2,000 Sq.ft.
3
Residential houses/buildings with plinth
100
area of more than 2,000 Sq.ft.
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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
30
Per
without mobile cart.
Month
2
Obtaining licence from Municipality
100/
Per
for rearing of Pet Animal/Catties.
Animal
Annum
3
Desludging of Septic tanks.
` 3,800 Per Trip (One Trip
8,000 litres) ` 500/1,000
Ltr. + other charges).
4
Licence charge far Desludging Vehicles
1,000
Per
to Consent to operator.
Annum
5
Inspection Charges for issuing
Sanitation Certificates.
(i) Schools/Colleges/Institutions
5,000
Per
(ii) Non-Star Hotels
5,000
(iii) Star Hotels
10,000
Annum
6
Bulky Waste from all non bulk waste
2.50
generators like Residential, Commercial
per kg.
and non-commercial activities.
7
Bulk Waste from bulk waste generators
3
including Residential, Commercial,
per kg.
Industrial, Hotels, Kalyanamandabam
and Health Care Establishments.
1489
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 SWM Service Charge shall be–
` per kg.
1.
For collection, transport and processing
4.00
Bio-degradable Waste, Non-Biodegradable
Domestic Hazardous Waste, Sanitary and
E-waste.
2.
For collection, Transport Bio-degradable.
3.00
3.
For collection, transport and processing of
2.50
Per day
Non-Bio-degradable waste.
4.
For collection, transport and processing
4.00
Domestic Hazardous Waste and Sanitary
Waste.
5.
For collection, transport Bulky wastes.
2.00
————
ANNEXURE–VI
Payable by Construction and Demolition Waste Generators
`
1.
Permission for storing in public place earmarked 1,000/
Per
by designated municipal authorities.
Tonne
day
2.
Charges for transportation of segregated C&D 1,000
Tractor
waste by Municipality (including loading)*
load
3.
Charges for transportation of unsegregated waste 1,500
Tractor
by Municipality (including loading)*
load
4.
Charges for dumping of C&D waste at designated
200
Tractor
place.
1490
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
centre (with transportation).
load#
Note:
*
Even part load will be consider as full load.
#
Maximum 2 Cubic meter consider as tractor load.
————
SCHEDULE–IX (a)
(See Bye-law CHAPTER–VII)
DEPOSIT FOR CONDUCTING EVENTS AND PUBLIC GATHERINGS
Sl.
Purpose of
Deposit Amount based on No. of people
No.
Function
at event/per day
No of
< 5,000
5,001-10,000 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
1491
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)*
1492
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 slaughter house waste in
community bin, receptacle, public place
or any other unauthorised place.
6
For a Street Vendor without container/
300
500
waste basket and/or who does not
deliver Solid Waste in a segregated
manner as specified in the Bye-laws.
7
Failure to comply with any lawful
500
1,000
directions issued by the Commissioner
to ensure cleanliness and hygiene of
Road, Bus Station, Railway Station,
Street, Playground, Park and other
premises of public utility.
8
(i) Indiscriminate throwing in public/
private place.
500
1,000
(ii) Irregular deposit of rubbish or filth
or any other solid matter.
9
Vacant Sites/House holds/Apartments
left unattended in a filthy and
unhygienic manner/causing stagnation
of water owner heading to public
health Hazard.
House
: 2,000
Holds
Apartment: 5,000
Vacant
: 10,000
Plots
House
: 4,000
Holds
Apartment: 10,000
Vacant
: 20,000
Plots
(1)
(2)
(3)
(4)
`
`
* As per NGT directions, dated 15-3-2019 with regard QA no 606 of 2018
1493
PART–II]
LA GAZETTE DE L'ETAT
10
Discharging of faecal sludge in
2,500
5,000
unauthorized place. (other than P.W.D.
Sewage
Treatment
Plant
at
Karuvadikuppam).
11
Non-maintenance of public toilet
500
1,000
commercial toilet by Service provider
(NGO, SHG, Temple Trustee, etc.).
12
Letting out of sewage/sullage on road
500
100/
sides were drains are not constructed
day
so far.
13
Letting out of sewage/sullage in side
500
100/
drains (open drains) where underground
day
drainage facility is available.
14
Rearing of Cattles (Cows/Buffaloes)
500/
1,000/
without obtaining licence from
cattle
cattle
Municipality.
15
Letting out of cow dung in roads/open
1,000
1,000/
drainage/underground drainage.
day
16
Indiscriminate dumping of cow dung in
1,000
1,000/
Public/Private places.
day
17
Letting out of Cattles in Public areas.
3,000/
To be
cattle
seized and
auctioned.
18
Letting out of Pet animals in public areas.
200/
500/
(unmanned)
animal
animal
19
Rearing of Pigs in Municipal limit
To be seized and auctioned
(even in their own premises)
without notice including a
fine of ` 200/pig.
20
Littering, spitting, urinating, open
500
1,000
defecating or committing any other
acts of Public Nuisance.
(1)
(2)
(3)
(4)
`
`
1494
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 metres.
22
Littering of flowers/Reed grass etc.,
5,000/
10,000/
on roads and public places other than
Occasion
Occasion
burial ground/cremation ground on eve
of death/any occasion/function.
23
Manual Hazardous Entry without safety Penalty
Penalty
gears (Fine imposed on Owner).
as per
as per
PEMSRA,
PEMSRA,
2013
2013
All penalties to be levied as notified in Bye-Laws For Plastic Waste
Management, 2021, in the Official Gazette Part-II No. 60. Date.
18-07-2023 and subsequent amendments.
* As per NGT directions, dated 15-3-2019 with regard QA no 606 of
2018
————
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)
`
`
1495
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
< 5,000
5,001-
10,001- >25,000
10,000
25,000
1
Carrying out event without
2,500
5,000
10,000
50,000
permission.
2
Violation of plastic ban.
3,500
7,000
25,000
50,000
(a) Plastic and NWPP bags.
3,500
7,000
25,000
50,000
(b) Plastic/Thermocol for serving
3,500
7,000
25,000
50,000
food and beverages
(c) Use of flex, plastic sheets, etc. 3,500
7,000
25,000
50,000
3
Failure to tie up with an authorized
2,500
5,000
20,000
40,000
vendor for management of waste
from the event venue.
4
Non-provision of waste receptacles
2,500
5,000
20,000
40,000
for depositing segregated waste.
5
Failure to store segregated waste at
5,000
10,000
50,000 1,00,000
event venue.
6
Burning of waste on premises
5,000
10,000 1,00,000 2,00,000
(or at any other site) or disposal
non-compliant with SWM Rules, 2016.
————
1496
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.