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Solid Waste Management Rules, 2016

MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 8th April, 2016 S.O. 1357(E).--Whereas the draft of the Solid Waste Management Rules, 2015 were published under the notification of the Government of India in the Ministry of Environment, Forest and Climate Change number G.S.R. 451 (E), dated the 3rd June, 2015 in the Gazette of India, part II, Section3, sub- section (i) of the same date inviting objections or suggestions from the persons likely to be affected thereby, before the expiry of the period of sixty days from the publication of the said notification on the Solid Waste Management Rules, 2015 in supersession of the Municipal Solid Waste (Management and Handling) Rules, 2000; And whereas, copies of the said Gazette were made available to the public on the 3 rd June, 2015; And whereas, the objections or comments received within the stipulated period were duly considered by the Central Government; Now, therefore, in exercise of the powers conferred by s

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S.19 Criteria for Duties regarding setting-up solid waste processing and treatment facility.--

(1) The department in-charge of the allocation of land assignment shall be responsible for providing suitable land for setting up of the solid waste processing and treatment facilities and notify such sites by the State Government or Union territory Administration.

(2) The operator of the facility shall design and set up the facility as per the technical guidelines issued by the Central Pollution Control Board in this regard from time to time and the manual on solid waste management prepared by the Ministry of Housing and Urban Affairs.

(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

S.20 Criteria and actions to be taken for solid waste management in hilly areas.--

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

(a) Construction of landfill on the hill shall be avoided. A transfer station at a suitable enclosed location shall be setup to collect residual waste from the processing facility and inert waste. A suitable land shall be identified in the plain areas down the hill within 25 kilometers for setting up sanitary landfill. The residual waste from the transfer station shall be disposed of at this sanitary landfill.

(b) In case of non-availability of such land, efforts shall be made to set up regional sanitary landfill for the inert and residual waste.

(c) Local body shall frame Bye-laws and prohibit citizen from littering wastes on the streets and give strict direction to the tourists not to dispose any waste such as paper, water bottles, liquor bottles, soft drink canes, tetra packs, any other plastic or paper waste

S.21 Criteria for waste to energy process.--

(1) Non recyclable waste having calorific value of 1500 Kcal/kg or more shall not be disposed of on landfills and shall only be utilised for generating energy either or through refuse derived fuel or by giving away as feed stock for preparing refuse derived fuel.

(2) High calorific wastes shall be used for co-processing in cement or thermal power plants.

(3) The local body or an operator of facility or an agency designated by them proposing to set up waste to energy plant of more than five tones per day processing capacity shall submit an application in Form-I to the State Pollution Control Board or Pollution Control Committee, as the case may be, for authorisation.

(4) The State Pollution Control Board or Pollution Control Committee, on receiving such application for setting up waste to energy facility, shall examine the same and grant permission within sixty days.


S.22 Time frame for implementation.--

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


Sl. 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.

S.23 State Level Advisory Body.--

(1) Every Department in-charge of local bodies of the concerned State Government or Union territory administration shall constitute a State Level Advisory Body within six months from the date of notification of these rules comprising the following members, namely: --

Sl. No

Designation

Member

(1)

(2)

S.24 Annual report.--

(1) The operator of facility shall submit the annual report to the local body in Form-III on or before the 30th day of April every year.

(2) The local body shall submit its annual report in Form-IV to State Pollution Control Board or Pollution Control Committee and the Secretary-in-Charge of the Department of Urban Development of the concerned State or Union Territory in case of metropolitan city and to the Director of Municipal Administration or Commissioner of Municipal Administration or Officer in -Charge of Urban local bodies in the state in case of all other local bodies of state on or before the 30th day of June every year

(3) Each State Pollution Control Board or Pollution Control Committee as the case may be, shall prepare and submit the consolidated annual report to the Central Pollution Control Board and Ministry of Housing and Urban Affairs on the implementation of these rules and action taken against non complying local body by the 31stday of July of each y

S.25 Accident reporting.--

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


S.SCHEDULE I

SCHEDULE I
[see rule 15 (w), (zi), 16 (1) (b) (e), 16 (4)]
Specifications for Sanitary Landfills
(A) Criteria for site selection. --

(i) The department in the business allocation of land assignment shall provide suitable site for setting up of the solid waste processing and treatment facilities and notify such sites.

(ii) The sanitary landfill site shall be planned, designed and developed with proper documentation of construction plan as well as a closure plan in a phased manner. In case a new landfill facility is being established adjoining an existing landfill site, the closure plan of existing landfill should form a part of the proposal of such new landfill.

(

S.SCHEDULE II

SCHEDULE II
[see rule 16 (1), (b), (e), 16 (4)]
Standards of processing and treatment of solid waste
A. Standards for composting. -The waste processing facilities shall include composting as one of the technologies for processing of bio degradable waste. In order to prevent pollution from compost plant, the following shall be complied with namely: -

(a) The incoming organic waste at site shall be stored properly prior to further processing. To the extent possible, the waste storage area should be covered. If, such storage is done in an open area, it shall be provided with impermeable base with facility for collection of leachate and surface water run-off into lined drains leading to a leachate trea


S.FORM I

FORM - I
[see rule 15 (y) 16 (1) (c), 21(3)]
Application for obtaining authorisation under solid waste management rules for
processing/recycling/treatment and disposal of solid waste
To,
The Member Secretary,
State Pollution Control Board or Pollution Control Committee, of…....

Sir,

I/We hereby apply for authorisation under the Solid Waste Management Rules, 2016 for processing, recycling, treatment and disposal of solid waste.





1.

Name of the local body/agency appointed by them/ operator of facility

S.FORM II

Form- II
[see rule 16 (1) (e)]
Format for issue of authorization
File No.: _________________________
Dated: ____________________________
Authorisation No. _______________

To

Ref: Your application number ____________________________________ dt. ______________

The State Pollution Control Board/Pollution Control Committee after examining the proposal hereby authorises
_ having administrative office at
_to set up and operate waste processing/recycling/ treatment/disposal
facility at ___________________________________________________

The authorisation is hereby granted to









S.FORM III

Form - III
[see rule 19 (6), 24 (1)]
Format of annual report to be submitted by the operator of facility to the local body
1 Name of the City/Town and State  
2 Population  
3 Area in sq. kilometers  
4 Name & Address of the local body Telephone
No.
Fax No.
E-mail:


 
5 Name and address of operator of the facility  
6 Name of officer in-charge of the facility Phon

S.FORM IV

Form - IV
[see rules 15(za), 24(2)]
Format for annual report on solid waste management to be submitted by the local body
CALENDAR YEAR: DATE OF SUBMISSION OF REPORT:
 

 

 

 

1

Name of the City/Town and State

2

S.FORM V


S.FORM VI

Form - VI
[see rule 25]
Accident Reporting
1. Date and time of accident :  
2. Sequence of events leading to accident :  
3. The waste involved in accident :  
4. Assessment of the effects of the accidents
on human health and the environment
:  
5. Emergency measures taken :  
6. Steps taken to alleviate the effects of
acc

S.1 Short title and commencement.--

(1) These rules may be called the Solid Waste Management Rules, 2016.

(2) They shall come into force on the date of their publication in the Official Gazette.


S.2 Application.--

These rules shall apply to every urban local body, outgrowths in urban agglomerations, census towns as declared by the Registrar General and Census Commissioner of India, 1[villages with population more than 3000] notified areas, notified industrial townships, areas under the control of Indian Railways, airports, airbases, Ports and harbours, defence establishments, special economic zones, State and Central government organisations, places of pilgrims, religious and historical importance as may be notified by respective State government from time to time and to every domestic, institutional, commercial and any other non-residential solid waste generator situated in the areas except industrial waste, hazardous waste, hazardous chemicals, bio medical wastes, e-waste, lead acid batteries and radio-active waste, that are covered under separate rules framed under the Environment (Protection) Act, 1986.


S.3 Definitions.--

(1) In these rules, unless the context otherwise requires, --

1. "aerobic composting" means a controlled process involving microbial decomposition of organic matter in the presence of oxygen;

2. "anaerobic digestion" means a controlled process involving microbial decomposition of organic matter in absence of oxygen;

3. "authorisation" means the permission given by the State Pollution Control Board or Pollution Control Committee, as the case may be, to the operator of a facility or urban local authority, or any other agency responsible for processing and disposal of solid waste;

4. "biodegradable waste " means any organic material that can be degraded by micro-organisms into simpler stable compounds;

5. "bio-methanation" means a process which entails enzymatic decomposition of the organic matter by microbial action to produce methane rich biogas;

6. "brand owner" means a person or company who se

S.4 Duties of waste generators.--

(1) Every waste generator shall, --

(a) segregate and store the waste generated by them in three separate streams namely bio-degradable, non bio-degradable and domestic hazardous wastes in suitable bins and handover segregated wastes to authorised waste pickers or waste collectors as per the direction or notification by the local authorities from time to time;

(b) wrap securely the used sanitary waste like diapers, sanitary pads etc., in the pouches provided by the manufacturers or brand owners of these products or in a suitable wrapping material as instructed by the local authorities and shall place the same in the bin meant for dry waste or non- bio-degradable waste;

(c) store separately construction and demolition waste, as and when generated, in his own premises and shall dispose off as per the Construction and Demolition Waste Management Rules, 2016; and

(d) store horticulture waste and garden waste generated from his premises separately in his own p

S.5 Duties of Ministry of Environment, Forest and Climate Change.--

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

1) Ministry of Housing and Urban Affairs

2) Ministry of Rural Development

3) Ministry of Chemicals and Fertilizers

4) Ministry of Agriculture

5) Central Pollution Control Board

6) Three State Pollution Control Boards or Pollution Control Committees by rotation

7) Urban Development Departments of three State Governments by rotation

8) Rural Development Departments from two State Governments by rotation

9) Three Urban Local bodies by rotation

10) Two census towns by rotation

11) FICCI, CII

12) Two subject experts

S.6 Duties of Ministry of Housing and Urban Affairs.--

(1) The Ministry of Housing and Urban Affairs shall coordinate with State Governments and Union territory Administrations to, --

(a) take periodic review of the measures taken by the states and local bodies for improving solid waste management practices and execution of solid waste management projects funded by the Ministry and external agencies at least once in a year and give advice on taking corrective measures;

(b) formulate national policy and strategy on solid waste management including policy on waste to energy in consultation with stakeholders within six months from the date of notification of these rules;

(c) facilitate States and Union Territories in formulation of state policy and strategy on solid management based on national solid waste management policy and national urban sanitation policy;


(d) promote research and development in solid waste management sector and disseminate information to States and local bodies;

(e) undertake tr

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

(1) The Department of Fertilisers through appropriate mechanisms shall, --

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

(b) ensure promotion of co-marketing of compost with chemical fertilisers in the ratio of 3 to 4 bags: 6 to 7 bags by the fertiliser companies to the extent compost is made available for marketing to the companies.


S.8 Duties of Ministry of Agriculture, Government of India.--

The Ministry of Agriculture through appropriate mechanisms shall, --

(a) provide flexibility in Fertiliser Control Order for manufacturing and sale of compost;

(b) propagate utilisation of compost on farm land;

(c) set up laboratories to test quality of compost produced by local authorities or their authorised agencies; and

(d) issue suitable guidelines for maintaining the quality of compost and ratio of use of compost visa-a-vis chemical fertilizers while applying compost to farmland.


S.9 Duties of the Ministry of Power.--

The Ministry of Power through appropriate mechanisms shall, --

(a) decide tariff or charges for the power generated from the waste to energy plants based on solid waste.

(b) compulsory purchase power generated from such waste to energy plants by distribution company.


S.10 Duties of Ministry of New and Renewable Energy Sources.--

The Ministry of New and Renewable Energy Sources through appropriate mechanisms shall, --

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

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


S.11 Duties of the Secretary-in-charge, Urban Development in the States and Union territories.--

(1) The Secretary, Urban Development Department in the State or Union territory through the Commissioner or Director of Municipal Administration or Director of local bodies shall,

(a) prepare a state policy and solid waste management strategy for the state or the union territory in consultation with stakeholders including representative of waste pickers, self help group and similar groups working in the field of waste management consistent with these rules, national policy on solid waste management and national urban sanitation policy of the Ministry of Housing and Urban Affairs, in a period not later than one year from the date of notification of these rules;

(b) while preparing State policy and strategy on solid waste management, lay emphasis on waste reduction, reuse, recycling, recovery and optimum utilisation of various components of solid waste to ensure minimisation of waste going to the landfill and minimise impact of solid waste on human health and environment

S.12 Duties of District Magistrate or District Collector or Deputy Commissioner.--

The District Magistrate or District Collector or as the case may be, the Deputy Commissioner shall, --

(a) facilitate identification and allocation of suitable land as per clause (f) of rules 11 for setting up solid waste processing and disposal facilities to local authorities in his district in close coordination with the Secretary-in-charge of State Urban Development Department within one year from the date of notification of these rules;

(b) review the performance of local bodies, at least once in a quarter on waste segregation, processing, treatment and disposal and take corrective measures in consultation with the Commissioner or Director of Municipal Administration or Director of local bodies and secretary-in charge of the State Urban Development.


S.13 Duties of the Secretary-in-charge of Village Panchayats or Rural Development Department in the State and Union territory.--

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


S.14 Duties of Central Pollution Control Board.--

The Central Pollution Control Board shall, --

(a) 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;

(b) formulate the standards for ground water, ambient air, noise pollution, leachate in respect of all solid waste processing and disposal facilities;

(c) review environmental standards and norms prescribed for solid waste processing facilities or treatment technologies and update them as and when required;

(d) review through State Pollution Control Boards or Pollution Control Committees, at least once in a year, the implementation of prescribed environmental standards for solid waste processing facilities or treatment technologies and compile the data monitored by them;

(e) review the proposals of State Pollution Control Boards or Pollution Control Committees on use of any new technologies for processing, recycling

S.15 Duties and responsibilities of local authorities and village Panchayats of census towns and urban agglomerations.--

The local authorities and Panchayats shall, --

(a) prepare a solid waste management plan as per state policy and strategy on solid waste management within six months from the date of notification of state policy and strategy and submit a copy to respective departments of State Government or Union territory Administration or agency authorised by the State Government or Union territory Administration;

(b) arrange for door to door collection of segregated solid waste from all households including slums and informal settlements, commercial, institutional and other non residential premises. From multi-storage buildings, large commercial complexes, malls, housing complexes, etc., this may be collected from the entry gate or any other designated location;

(c) establish a system to recognise organisations of waste pickers or informal waste collectors and promote and establish a system for integration of these authorised waste-pickers and waste collectors to facilitate t

S.16 Duties of State Pollution Control Board or Pollution Control Committee.--

(1) The State Pollution Control Board or Pollution Control Committee shall, --

(a) enforce these rules in their State through local bodies in their respective jurisdiction and review implementation of these rules at least twice a year in close coordination with concerned Directorate of Municipal Administration or Secretary-in-charge of State Urban Development Department;

(b) monitor environmental standards and adherence to conditions as specified under the Schedule I and Schedule II for waste processing and disposal sites;

(c) examine the proposal for authorisation and make such inquiries as deemed fit, after the receipt of the application for the same in Form I from the local body or any other agency authorised by the local body;

(d) while examining the proposal for authorisation, the requirement of consents under respective enactments and views of other agencies like the State Urban Development Department, the Town and Country Planning Department, Distr

S.17 Duty of manufacturers or brand owners of disposable products and sanitary napkins and diapers.--

(1) All manufacturers of disposable products such as tin, glass, plastics packaging, etc., or brand owners who introduce such products in the market shall provide necessary financial assistance to local authorities for establishment of waste management system.

(2) All such brand owners who sell or market their products in such packaging material which are non-biodegradable shall put in place a system to collect back the packaging waste generated due to their production.

(3) Manufacturers or brand owners or marketing companies of sanitary napkins and diapers shall explore the possibility of using all recyclable materials in their products or they shall provide a pouch or wrapper for disposal of each napkin or diapers along with the packet of their sanitary products.

(4) All such manufacturers, brand owners or marketing companies shall educate the masses for wrapping and disposal of their products.


S.18 Duties of the industrial units located within one hundred km from the refused derived fuel and waste to energy plants based on solid waste.--

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


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