SOLID WASTE MANAGEMENT RULES, 2016

These rules shall apply to every urban local body, outgrowths in urban agglomerations, census towns as declared by the Registrar General and Census Commisioner of India, notified areas, notified industrial townships, areas under the control of Indian Railways, airports, airbases, Ports and harbours, defence establishments, special economic zones, State and Central government from time to time and to every domestic, institutional, commercial and any other non residential solid waste generator situated in the areas except industrial waste, hazardous waste, hazardous chemicals, bio-medical waste, e-waste, lead acid batteries and radio-active waste, that are covered under separate rules framed under the Environment (Protection) Act, 1986.

DUTIES OF WASTE GENERATOR

  1. Every waste generator shall: -
    1. Segregate and store the waste generated by them in three separate streams namely bio-degradable, non bio-degradable and domestic hazardous wastes in suitable bins and handover segregated wastes to

    2. wrap securely the used sanitary waste like diapers, sanitary pads etc., in the pouches provided by the manufacturers or brand owners of these products or in a suitable wrapping material as instructed by the local authorities and shall place the same in the bin meant for dry waste or non-biod-degradable waste
    3. store separately construction and demolition waste, as and when generated, in his own premises and dispose off as per the Construction and Demolition Waste Management Rules, 2016; and
    4. store horticulture waste and garden waste generated from his premisees separately in his own premises and dispose of as per the directions of the local body from time to time

  2. No waste generator shall throw, burn or burry the solid waste generated by him, on streets, open public spaces outside his premises or in the drain or water bodies
  3. All waste generator shallthrow, burn or burry the solid waste management, as specified in th ebye-laws of the local bodies.....Read More

DUTIES OF MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE:

  1. The Ministry of Environment, Forest and Climate Change shall be responsible for over all monitoring the implementation of these rules in the country. It shall constitute a Central Monitoring Committee under the Chairmanship of Secretary, Ministry of Environment, Forest and Climate Change comprising officer not below the rank of Joint Secretary or Advisory from the following namely: -
    1. Ministry of Urban Development
    2. Ministry of Rural Development.....Read More

DUTIES OF MINISTRY OF URBAN DEVELOPMENT

  1. The Ministry of Urban Development shall coordinate with State Governments and territory Administrations to: -
    1. take periodic review of the measures taken by the states and local bodies for improving solid waste management projects funded by the Ministry and external agencies at least once in a year and give advice on taking correctice measures;.....Read More

DUTIES OF DEPARTMENT OF FERTILIZERS, MINISTRY OF CHEMICALS AND FERTILIZERS:

  1. The Department of Fertilizers through apporpriate mechanisms shall: -
    1. provide market development assistance on city compost; and
    2. ensure promotion of co-marketing of compost with chemical fertilizers in the ratio of 3 to 4 bags; 6 to 7 bags by the fertilizer companies to the extent compost is made available for marketing to the companies.

DUTIES OF MINISTRY OF AGRICULTURE, GOVENMENT OF INDIA:

The Ministry of Agriculture through appropriate mechanism shall: -

  1. provide flexibility in Fertilizer control Order for manufacturing and sale of compost;
  2. propagate utilization of compost on farm land;
  3. set up laboratories to test quality of compost produced by local authorities or their authorised agencies; and
  4. issue suitable guidelines for maintaining the quality of compost and ratio of use of compost visa-a-vis chemical fertilizers while applying compost to farmland

DUTIES OF THE MINISTYRY OF POWER:

The Ministry of Power through appropriate mechanisms shall: -

  1. decide tariff or charges for the power generated from the waste to energy plants based on solid waste.
  2. compulsory purchase powe generated from such waste to energy plants by distribution company.

DUTIES OF MINISTRY OF NEW & RENEWABLE ENERGY SOURCES:

The Ministry of New and Renewable Energy Sources through appropriate mechanism shall:

  1. facilitate infrastructure creation for waste to energy plants; and
  2. provide appropriate subsidy or incentives for such waste to energy plants.

DUTIES OF THE SECRETARY-IN-CHARGE, URBAN DEVELOPMENT IN THE STATES & UNION TERRITORIES:-

  1. The Secretary, Urban Development Department in the State or Union territory through the commissioner or Director of Municipal Administration or Director of local bodies shall: -
    1. prepare a state policy and solid waste management strategy for the state or the union territory in consultation with stakeholders including representative of waste pickers, self help group and similar groups working in the field of waste management consistent with these rules, national policy on solid waste management and national urban sanitation policy of the ministry of urban development, in a period not later than one year from the date of notification of these rules;
    2. while preparing State policy and strategy on solid waste management, lay emphasis on wate reduction, reuse, recycling, recovery and optimum utilisation of various components of solid waste to ensure minimisation of waste pickers or informal waste collectors in the waste managment system.....Read More

DUTIES OF DISTRICT MAGISTRATE OR DISTRICT COLLECTOR OR DEPUTY COMMISIONER:-

The District Magistrate or District Collector or as th ecase may be, the deputy commissioner shall: -

  1. facilitate identification and allocation of suitable land as per clause (f) of rules 11 for setting up solid waste processing and dispossal facilities to local authorities in his district in close corordination with the Secretary-in-charge of State Urban Development Department within one year from the date of notification of these rules;
  2. review the performed of local bodies, at least once in a quarter on waste segregation, proceesing, treatment and disposal and take corrective measures in consultation with the Commissioner or Director of Municipal Administration or Director of local bodies and Secretary-in-charg of the State Urban Development.

DUTIES OF THE SECRETARY-IN-CHARGE OF VILLAGE PANCHAYATS OR RURAL DEVELOPMENT IN THE STATE AND UNION TERRITORY:-

The Secretary-in-charge of village Panchayats or Rural Development Department in the State and Union territory shall have the same duties as the Secretary-in-charge, Urban Development in the State and Union territories, for the areas which are covered under these rules and are under theor jurisdictions.

DUTIES OF CENTRAL POLLUTION CONTROL BOARD:-

The Central Pollution Control Board shall: -

  1. Co-ordinate with the State Pollution Control Boards and the Pollution Control Committees for implementation of these rules and adherence to the prescribed standards by local authorities;
  2. Formulate the standards for ground water, ambient air, noise pollution, leachate in respect of all solid waste processing and disposal facilities;.....Read More

DUTIES AND RESPONSIBILITIES OF LOCAL AUTHORITIES AND VILLAGE PANCHAYATS OF CENSUS TOWNS AND URBAN AGGLOMERATIONS:-

The local authorities and Panchayats shall: -

  1. Prepare a solid waste management plan as per State policy and strategy on solid waste management six months from the date of notification of state policy and strategy and submit a copy to respective departments of State Government or Union territory Administration or agency by the State Government or Union territory Administration;
  2. Arrange for door to door collection of segregated solid waste from all households including slums and informal settlements, commercial, institutional and other non residential premises. From multi-storage buildings, large commercial complexes, malls, housing complexes, etc., this may be collected from the entry gate or any other designated location;......Read More

DUTIES OF STATE POLLUTION CONTROL BOARD OR POLLUTION CONTROL COMMITTEE:-

  1. The State Pollution Control Board or Pollution Control committee shall: -
    1. Enforce these rules in their Sate through local bodies in their respective jurisdiction and review implementation of these rules at least twice a year in close coordination with concerned Directorate of Municipal Administration or Secretary-in-charge of Sate Urban Development Department;
    2. Monitor environment standards and adherence to conditions as specified under the Schedule I and Schedule II for waste processing and disposal sites;
    3. Examine the proposal for authorisation and make such inquiries as deemed fit, after the receipt of the same in Form I from the local body or any other agency authorised by the local body;
    4. d) While examining the proposal for authorisation, the requirement of consents under respective enactments and views of other agencies like the State Urban Development Department, the Town and Country Planning Department. District Planning Committee or Metropolitan Area Planning Committee, as may be applicable, Airport or Airbase Authority, the Ground Water Board, Railways, power distribution companies, highway department and other relevant agencies shall be taken into consideration and they shall be given four weeks time to give their views, if any;
    5. Issue authorisation within a period of sixty days in Form II to the local body or an operator of a facility or any other agency authorised by local body stipulating compliance criteria and environmental standards as specified in Schedule I and Schedule II including other conditions, as may be necessary; .....Read More

DUTY OF MANUFACTURERS OR BRAND OWNERS OF DISPOSABLE PRODUCTS AND SANITARY NAPKINS AND DIAPERS:-

  1. All manufacturers of disposal products such as tin, glass, plastic packaging, etc., or brand owners who introduce such products in the market shall provide necessary financial assistance to local authorities for establishment of waste management system.
  2. All such brandd owners who sell or market their products in such packaging material which are non-bio-degradable shall put in place a system to collect back the packaging waste generated due to their production.
  3. Manufacturers, brand owners or marketing companies of sanitary napkins and diapers shall exxplore the possibility of using all recyclable materials in theri products or they shall provide a pouch or wrapper for disposal of ech napkin or diapers along with the packet of their sanitary products.
  4. All such manufacturers, brand owners or marketing companies shall educate the masses for wrapping and disposal of their products.

DUTY OF THE INDUSTRIAL UNITS LOCATED WITHIN ONE HUNDRED KM FROM THE REUSED DERIVED FUEL AND WASTE ENERGY PLANTS ON SOLID WASTE:-

All industrial units using fuel and located within one hundred km froma solid waste based refused derived fule plant shall make arrangements within six months from the date of notification of these rules to replace at least five percent of their fuel requirement by refused derived fuel so produced.

CRITERIA FOR DUTIES REGARDING SETTING-UP SOLID WASTE PROCESSING AND TREATMENT FACILITY:-

  1. The department in-charge of the allocation of land asssignment shall be responsible for providing suitable land for setting up of the solid waste processing and treatment facilities and notify such sites by the State Government or Union territory Administration
  2. The operator of the facility shall design and set up the facility as per the technical guidelines issued by the Central Pollution Control Board in this regrad from time to time and the manual on solid waste management prepared by th eMinistry of Urban Development.
  3. The operator of the facility shall obtain necessary approvals from the State Pollution Control Board or Pollution Control Committee.
  4. The State Pollution Control Board or Pollution Control Committee shall monitor the environment standards of the operation of the solid waste processing and treatment facilities.
  5. The operator of the facility shall be responsible for the safe and environmentally sound operations of the solid waste processing and or treatment facilities as per the guidelines issued by the Central Pollution Control Board from time to time and the Manual on Municipal Solid Waste Management published by the Ministry of Urban Development and updated from time to time.
  6. The operator of the Solid Waste processing and treatment facility shall submit annual report in Form III each year by 30th April to the State Pollution Control Board or Pollution Committee and concerned local body.

CRITERIA AND ACTIONS TO BE TAKEN FOR SOLID WASTE MANAGEMENT IN HILLY AREAS:-

In the hilly areas, the duties and responsibilities of the local authorities shall be the same as mentioned in rule 15 with additional clauses as under:

  1. Construction of landfill on the hill shall be avoided. A transfer station at a suitable enclosed location shall be setup to collect residual waste from the processing facility and inert waste. A suitable land shall be identified in the plain areas down th ehill within 25 kilometers for settting up sanitary landfill. The residual wste from the transfer station shall be disposed of at this sanitary landfill.
  2. In case of non-availibility of such land, efforts shall be made toset up regional sanitary landfill for the inert and residual waste.
  3. Local body shall frame bye-laws and prohibit citizen from littering wastes on the streets and give strict direction to the tourists not to disposse any waste such as paper, water bottles, liquor bottles, soft drink canes, tetra packs, any other plastic or paper waste on the streets or down th ehills and instead direct to deposit such waste in the litter bins that shall be placed by the local body at all tourist destinations.
  4. Local body shall arrange to convey the provisions of solid waste management under the by-laws toall tourists visiting the hilly area at the entry point in the town as well as through the hotels, guest houses or like where they stay and by putting suitable hoardings at tourist destinations.
  5. Local body may levy solid waste management charge from the tourist at th eentry point to make the solid waste management services sustainable.
  6. The department in-charge of the allocation of land assignment shall identify and allot suitable space on the hills for setting up decentralised waste processing facilities. Local body shal set up such facilities. Step garden system may be adopted for optimum utilisation of hill space.

CRITERIA FOR WASTE TO ENERGY PROCESS:-

  1. Non recyclable waste having calorific value of 1500 K/cal/kg or more shall not be disposed of on landfills and shall only be utilised for generating energy either or throguhrefuse derived fuel or by giving away as feed stock for preparing refuse derived fuel
  2. High calorific wastes shall be used for co-processing in cement or thermal power plants.
  3. The local body or an operator of facility or an agency designated by them proposing to set up waste to energy plant of more than five tones per day processing capacity shall submit an application on form I to the State Pollution Control Board or Pollution Control Committee, as the case may be, for authorisation.
  4. The State Pollution Control Board or Pollution Control Committee, on receiving such application fo rsetting up waste to energy facility, shall examine the same and grant permission within sixty days.

TIME FRAME FOR IMPLECMENTATION:-

Necessary infrastructure for implementation of these rules shall be created by the local bodies and oteher concerned authorities, as the case may be, on their own, by directly or engaging agencies within the time frame specified below: -

Sl No. Activity Time limit from the date of notification of rules
(1) (2) (3)
1. identification of suitable sites for setting up solid waste processing facilities 1 year
2. identification of sutable sites for setting up common regional sanitary landfill facilities for suitable clusters of local authorities under 0.5 million population and for setting up common regional sanitary landfill facilities by all local authorities having a population of 0.5 million or more. 1 year
3. procurement of suitable sites for setting up solid waste processing facility and sanitary landfill facilities. 2 year
4. enforecing waste generators tp practice segregation of bio degradable, recyclable, combustible, sanitary waste domestic hazardous and inert solid wastes at source. 2 year
5. Ensure door to door collection of segregated waste and its transportation in covered vehicles to processing or disposal facilities. 2 year
6. Ensure separate storage, collectopn and transportation of construction an ddemolition waste. 2 year
7. setting up solid waste processing facilities by all local bodies having 100000 or more population. 2 year
8. Setting up solid waste processing facilities by local bodies and census towns below 100000 population. 3 year
9. Setting up common or stand alone sanitary landfills by or for all local bodies having 0.5 million or more population for the disposal of only such residual wastes from the processing facilities as well as untreatable inert wastes as permitted under the Rules. 3 year
10. Setting up common or regional sanitary landfills by all local bodies and census towns under 0.5 million population for the disposal of permitted waste under the rules. 3 year
11. Bio-remediation or capping of old and abandoned dump sites. 5 year

STATE LEVEL ADVISORY BODY:-

  1. Every Department in-charge of local bodies of the concerned State Government or Union territory administration shall constitute a State Level Advisory Body within six months from the date of notification of these rules comprising the following members, namely: -
  2. Sl No. Designation Member
    (1) (2) (3)
    1. Secretary, Department of Urban Development or Local self government department of the State. Chairperson, ex-Officio
    2. One representative of Panchayats or Rural development Department not below the rank of Joint Secretary to State Govenrment. Member, ex-Officio
    3. One representative of Revenue Department of State Govenrment. Member, ex-Officio
    4. One representative from Ministry of Environment, forest and Climate Change Government of India. Member, ex-Officio
    5. One repressentative rom Ministry of Urban Development Government of India. Member, ex-Officio
    6. One representative from Ministry of Rural Development government of India. Member, ex-Officio
    7. One representative from the Central Pollution Control Board. Member, ex-Officio
    8. One representative from the State pollutioncontrolBoard or Pollution Control Committee. Member, ex-Officio
    9. One representative from Indian Institute of Technology or National Institute of Technology. Member, ex-Officio
    10. Chief twon planner of the State. Member
    11. These representative from the local bodies by rotation. Member
    12. Two representatives from census town or urban agglomerations by rotation. Member
    13. One representatives from reputed Non-Governmental Organisation or civil Society working for the waste pickers or informal recycler or solid waste management. Member
    14. One representative from a body representing Industries at the State or Central level. Member
    15. Onew representative from waste recycling industry. Member
    16. Two subject experts. Member
    17. Co-opt one representative each from agriculture department, and labour department of State Government. Member

  3. The State Level Advisory Body shall meet at least one in every six months to review the matters related to implementation these rules, state policy and stategy on solid waste manegement and give advice to state govenment for taking measures that are necessary for expeditious and appropriate of these rules.
  4. The copies of the review report shall be forwarded to the State Pollution Control Board or pollution control Committee for necessary action.

ANNUAL REPORT:-

  1. The operator of facility shall submit the annual report to the local body in Form III on or before the 30th day of april every year.
  2. The local body shall submit its annual report in Form IV to Stat Pollution Control Board or Pollutioncontrol Committee and the Secretary-in-charge of the Department of Urban development ofthe concerned State or Union Territory in case of metropolitan city and to the director of Municipal Administration or commissioner of Municipal Administration or Officer in-charge of Urban local bodies in the State incase of all other local bodies of state onor before the 30th day of June every year.
  3. Each State PollutionControl Board or pollution Control Committee as the case may be, shall prepare and submit the consolidated annual report to the Central Pollution Board and Ministry of Urban Development on th eimplementation of these rules and action taken against non complying local body by the 31st day of July of each year in Form V.
  4. The Central Pollution Control Board shall prepare a consolidated annualreview report on the status of implementationof these by local bodies in the country and forward the same to the Ministry of Urban Development and Ministry of Environment, Forest and Climate Change, along with its recommendations before 31st day of August each year.
  5. The annual report shall reviewed by the Ministry of Environment, forest and Climate Change during the meeting of Central Monitoring Committee.

ACCIDENT REPORTING:-

In case of an accident at any solid waste processing or treatment or disposal facility or landfill site, the Officer-in-charge of the facility shall report to the local body in Form VI and the local body shall review and issue instruction if any, to th ein-charge of the facility.

 

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