15 Solid Waste Management Rules, 2016

Manoj Kumar Sharma

Solid Waste Management Rules, 2016

Solid Waste Management is a major administrative and environmental hazard in all major cities of India. Infact Solid Waste Management or Municipal Solid Waste Management is a serious problem everywhere especially in all developing countries. Rapid population growth, increasing industrialization and large scale migration from rural areas to cities has led to tremendous increase in waste generation and its disposal in cities and towns. Generation of large scale waste in cities has put tremendous strain on the already limited resources of modern cities. To add to this, unscientific disposal of the waste poses serious environmental and health hazard. The problem is further accentuated by the fact that urban solid waste contains not only household waste but it also contains hazardous waste, construction and demolition waste, plastic waste and electronic waste etc.

As per the report of the Planning Commission (2014), 62 MT of MSW is generated annually and as per the report the MSW generation is expected to reach 165 MT by 2031 which is further expected to rise up to 436 MT. Such a large amount of MSW requires lot of space, if this is required to be disposed off in landfill sites. Further, as per CPCB Annual Report 2015-16i, Solid Waste generated has reached 135198 TPD of which 111028 TPD (82%) is collected. Of this only 25572 TPD (23%) is treated and 47451 TPD is landfilled. Thus there is very poor percentage of SW being treated.

Learning Outcomes

The present paper deals with Solid Waste Management in India. The readers will be apprised about the management of solid waste generated in India, the evolution of legal regulatory regime for SWM, SWM Rules, 2016 and the duties of all the stakeholders in SWM. The topic shall be discussed under the following heads

Introduction
Learning Outcomes
Evolution of SWM Rules in India
SWM Rules, 2016
- Application and Scope
- Duties and responsibilities under the Rules
- Time frame for Implementation of SWM Rules
- Review of Implementation
- Criteria for Treatment Facility in Hilly Areas
- Criteria for Waste to Energy Process
- State Level Advisory Committee
- Specifications for Sanitary
Landfills Judicial Perspective
Conclusion

Evolution of SWM Rules in India

SWM rules in India have an interesting history. Decision of the Supreme Court in Almitra H. Patel (2000) proved to be catalyst in evolution, development and framing of SWM Rules in India. In the instance case, a writ petition was filed regarding management of MSW in four metropolitan cities of India i.e. Chennai, Calcutta, Delhi and Mumbai. Guidelines regarding MSW handling were issued by Central Pollution Control Board (CPCB) but since the implementation of these guidelines was the municipalities and they were under the administrative control of the States, CPCB expressed its inability to get these enforced in letter and spirit. This prompted the Supreme Court to appoint a Committee under the chairmanship of Mr. Asim Burman. The Committee made several recommendations for citizens, Urban Local Bodies, State governments etc. These guidelines were incorporated in the judgement of the Supreme Court in the instant case. The decision of the Supreme Court of India in Almitra H. Patel prompted the Union Government to enact the rules for management of solid waste in India and accordingly Municipal Solid Waste (Management and Handling) Rules, 2000 were notified.

SWM Rules, 2016

SWM Rules, 2016 were notified on 08th April 2016 and these rules replaced Solid Waste (Management and Handling) Rules, 2000. Enactment of new rules of 2016 is part of the initiative of MOEFCC to update, consolidate and amend all rules to relating to Waste management in India. New rules have made various changes in Waste management in India including imposition of responsibilities upon various stakeholders regarding minimization, recycling and management of waste to preserve and protect the environment.

Applicability and Scope

SWM Rules, 2016 have been made applicable to

Urban Local Bodies
Census Towns
Outgrowths in urban agglomerations
Ports, Harbours
Notified areas
Notified Industrial townships
Pilgrim places
Special Economic Zones
Defence Establishments
Notified religious and historical places
Central/State Governments
Waste generators including domestic waste generators

Duties and Responsibilities under SWM Rules, 2016

SWM Rules, 2016 have obligated various stakeholders regarding sustainable disposal of solid waste in India. Duties have not only been cast upon Urban Local bodies, various central and State ministries but also on the street vendors, event organizers, producers, brand owners, commercial and domestic waste generators. The duties of various stakeholders are discussed hereinafter.

Duties of Waste Generators – Rule 4

Rule 4 of SWM cast duties on every waste generator, including domestic and institutional waste generator. Duties of waste generator are detailed hereunder:

Segregation and storage of waste in three separate bins
- Bio-degradable – any organic material which can be degraded by micro-organisms into
- simpler stable compounds
- Non bio-degradable – to contain dry waste including recyclable and non-recyclable waste, combustible waste, sanitary napkins and diapers etc.
- Domestic Hazardous waste – CFL bulbs, expired medicines, broken mercury thermometers, pesticide cans, discarded paint drums, used needles and syringes, contaminated gauge, used batteries etc
Segregated waste to be handed over to authorised waste collectors/waste pickers
Used sanitary pads, diapers etc. to be packed/wrapped safely either in the pouches provided by manufacturers or in other prescribed suitable material
Construction and demolition waste to be separately stored and disposed off as per Construction and Demolition Waste Management Rules, 2016
Horticulture and garden waste to be separately stored in the premises
No littering of solid waste on streets, public spaces roads etc
Solid Waste not to be burnt/buried in streets or open public spaces
Solid Waste not to be thrown in drains or water bodies

Duties of Event organizers

All events/gatherings of more than 100 persons on unlicensed places should be held after prior advance intimation to local bodies. The intimation to be sent atleast three days in advance.
Organiser of the event to ensure that waste generated in such gatherings to be segregated at source and handed over as per the Rules

Duties of Street Vendors

Street Vendor includes persons selling goods, food items or merchandise or offering services in streets, lanes, side walk and it includes persons selling/providing services in public parks, footpaths, public place, private area from a temporary built up structure on by moving from place to place. It also includes hawker, peddler etc

To keep containers/bins for storage of waste

To deposit waste at waste storage depot or container or vehicle as may be notified by local authority

Duties of Resident Welfare Association, Market Association, Hotels and Restaurants

These bodies in partnership with the local bodies :

To ensure segregation of waste at source and storage in separate bins
To hand over recyclable waste to the authorised waste collector/picker
Bio-degradable waste to be processed, treated and disposed off through composting or bio-methanation within the premises
Residual waste to be handed over to authorised waste collector/picker

These arrangements to be made within one year from the date of notification of rules i.e. within one year from 08th April 2016 Similar duties imposed upon gated communities and institutions with more than 5000 sqm area

Duties of MOEFCC – Rule 5

Overall monitoring the implementation of SWM Rules, 2016
To constitute a Central Monitoring Committee
- Secretary, MOEFCC – Chairman
- Committee shall include an Officer not below the rank of Joint Secretary or Advisor out of the following
  - cultural Ministry
  - Chemical and Fertilizers Ministry
  - Ministry of Tribal Welfare
  - Central Pollution Control Board
  - Three SPCBs or PCCs by rotation
  - Three State Urban Development Departments by rotation
  - Two State Rural Development Departments by rotation
  - Three Urban Local bodies by rotation
  - Two census towns by rotation
  - Federation of Indian Chambers of Commerce and Industry
  - Confederation of Indian Industry
  - Two subject experts
As per Rules, Central Monitoring Committee shall meet atleast once in one year to review the implementation – By virtue of decision of NGT in Almitra H. Patel v. Union of India dated 22nd December 2016, Central Monitoring Committee is required to meet atleast once in three months
Committee to be renewed every three years
Minutes of meeting to be place in public domain
Directions on the basis of minutes to be issued immediately

Duties of Central Ministry of Urban Development – Rule 6

To formulate national policy on SWM within six months from date of notification of SWM Rules, 2016
To formulate national policy on ‘Waste to Energy’ within six months from date of notification of SWM Rules, 2016
Almitra H. Patel v. Union of India (2016, NGT) – extended the above period – the above period of six months to be reckoned from 01st January 2017
To do period reviews of measures for SWM once a year
To do period review of projects relating to SWM funded by MOEFCC and other agencies once in a year
To help and facilitate states and UTs in formation of State policy and strategy regarding SWM To encourage, promote and support R & D in SWM
To disseminate information to States and local bodies regarding SWM To organize and undertake training programmes
To undertake programmes for capacity building of local bodies
To provide technical and expert guidance and help to States/UTs/local bodies To provide financial support to States/UTs/Local bodies regarding SWM

Duties of Department of Fertilizers, Ministry of Chemicals and Fertilizers – Rule 7

To ensure promotion of co-marketing of compost with chemical fertilizers in the prescribed proportion i.e 3-4 bags Compost : 6-7 bags Chemical fertilizer
To provide market development assistance for city compost

Duties of Ministry of Agriculture – Rule 8

SWM Rules, 2016 promote the processing and treatment of bio-degradable waste as city compost and therefore use the same as fertilizer. As such, there is a need to introduce necessary changes in Fertilizer Control Order include Agricultural Department of Government of India issues Fertilizer Control Order in which the details as to fertilizers are laid down i.e. details as to what substances can be used as fertilizers, analysis of fertilizers, requirements of registration as manufacturer/dealer etc. The following duties are cast upon

To introduce necessary changes and flexibility in Fertilizer Control Order regarding manufacturing and sale of compost
Setting up of laboratories for testing the quality of Compost produced under SWM Rules
To promote and propagate utilization of Compost
To issue appropriate guidelines regarding quality of compost and ratio of compost to chemical fertilizers

Duties of Ministry of Power – Rule 9

SWM Rules promote generation of Energy from Waste under Waste to Energy Policy. Accordingly some duties are cast upon Ministry of power

To decide and declare tariff of power generated from Waste to Energy Plants based on solid waste
To ensure compulsory purchase of power generated from Waste to Energy Plants based on solid waste by Power Distribution Companies

Duties of Ministry of New and Renewable Energy Sources – Rule 10

To provide subsidy/incentives to Waste to Energy Plants based on solid waste
To facilitate creation of infrastructure for Waste to Energy Plants

Duties of Secretary –in-charge, Urban Development Department of States/UTs – Rule 11

To prepare State Policy regarding SWM
- To be prepared in consultation with waste pickers, NGO and other stakeholders.
- The State policy to be consistent with National Policy prepared by Central Ministry of The State plan to be prepared to be prepared within one year. The period of one year to be reckoned from 01st July 2017 (Almitra H. Patel, 2016)
- The policy to emphasize on Waste minimization and Recycle, reuse, recovery, utilization of Solid Waste
To identify land for setting up of facility for processing and disposal of solid waste and allocate the same to local bodies within one year. The period of one year to be reckoned from 01st July 2017 (Almitra H. Patel, 2016)
To ensure implementation of SWM Rules 2016 by all local authories.
To ensure incorporation of provisions in master plan of each city regarding Waste treatment, processing and disposal facility
To ensure that Town Planning Department/local bodies in their development plan for group housing, commercial institutions or non-residential complex exceeding 200 dwelling or having a plot area of more than 5000 square meters, provide space for segregation, storage and processing of solid waste in all
To issue directions to SEZ developers and developers of Industrial parks to earmark atleast 5% area for recovery and recycling facility
To make provisions for capacity building of local bodies for SWM In consultation with SPCB, to notify buffer zone for waste processing facility of more than 5 TPD
To facilitate establishment of common regional landfill facility for a group of cities and towns falling within 50 kms or more on cost sharing basis
To promulgate scheme for registration of waste pickers and waste dealers

Duties of DM/DC – Rule 12

DM/DC are required to review the performance of local bodies at least once in each quarter regarding SWM
DM/DC are required to facilitate the identification and allocation of suitable land for establishment of SW treatment, processing and disposal facility

Duties of CPCB – Rule 14

To formulate standards and norms for Solid Waste processing and disposal facilities regarding air, water, noise pollution etc.
To review and update such norms from time to time
To review the implementation of such norms atleast once in a year
To coordinate with SPCB regarding implementation of SWM, 2016
To review proposals submitted by SPCB/PCC regarding use of new technologies regarding SWM and to prescribe the norms and standards for the same
To provide guidance to states regarding solid waste movement
To get Annual Reports from SPCB and on the basis of such reports to prepare an Annual Report for submission to MOEFCC
To publish appropriate guidelines regarding SMW
To issue and publish guidelines regarding Buffer Zone

Duties of SPCB – Rule 16

To enforce SWM Rules, 2016 and review implementation of these rules at least twice a year To prepare annual reports regarding implementation of SWM Rules, 2016
To monitor adherence to environmental norms and standards regarding processing and disposal of Solid Waste
To examine and approve authorizations within 60 days on applications received from local bodies or other agencies subject to submission of appropriate consent from the prescribed authorities i.e. Urban Development Department, District Planning Committee, Metropolitan Planning Committee, Railways, Power Distribution Companies, Highway Department etc.
To cancel or suspend authorizations after giving reasonable opportunity of being heard to the applicant
To renew authorizations subject to fulfillment of conditions To refuse authorizations
To regulate inter-state movement of waste

Duties of Local Authorities and Village Panchayats – Rule 15

SWM Rules, 2016 have extended the application of SWM Rules to local authorities and village Panchayats of Census Town and urban agglomerations. Local authorities/Village Panchayats are the most important link in the implementation of SWM Rules. Therefore, important and vast duties regarding implementation of SWM Rules are imposed upon them.

To formulate plan for SWM in accordance with State policy within six months from the date of notification of SWM Rules, 2016
To ensure implementation of SWM Rules, 2016 in letter and spirit To educate workers involved in collection of segregated waste
To make arrangement for collection of segregate solid waste on door to door basis from households, slums, commercial, institutional and other premises including informal settlements
To facilitate formation of Self Help Groups and encourage integration of SWM To prescribe user fee for collection of waste from waste generators
To integrate authorised waste pickers/waste collectors to facilitate their involvement and participation in SWM and to recognize their organizations
To frame bye-laws regarding SWM To submit annual reports to SPCB
To issue directors to waste generator regarding their duties under SWM Rules, 2016
To educate and spread public awareness regarding duties of waste generators under SWM Rules, 2016 through information, education and communication campaigns
To phase out the use of chemical fertilizer in two years and use compost in all parks, gardens maintained by the local body. Incentives may be provided to recycling initiatives by informal waste recycling sector.
To set up material recovery facilities and secondary storage facilities
To provide easy access to waste pickers and recyclers for collection of segregated recyclable waste such as paper, plastic, metal, glass, textile from the source of generation or from material recovery facilities
To arrange Bins in three colours i.e. green for bio-degradable waste, white for storage of recyclable waste and black for storage of other waste
To ensure safe storage and transportation of hazardous wastes to disposal facility
To establish centres for depositing domestic hazardous waste and instruct waste generators to use them for safe disposal of domestic hazardous waste in every city or town. There should be one such centre for every twenty square Kms.
To issue appropriate directions to sweepers not to burn tree leaves and store them separately for being handed over to waste collectors
To make arrangement for collection of waste generated from street sweeping on daily/alternate days/twice a week basis.
To collect waste regarding vegetable, fruit, meat, poultry, fish market on daily basis and promote and establish compost plant or bio-methanation plant in the vicinity
To ensure hygienic conditions in compost plant
To collect waste generated from horticulture, parks and gardens and process the same therein To make arrangement for transportation of bio-degradable waste to compost plant/bio-methanation plant or other facilities.
To make arrangement, as far as possible, for processing of bio-degradable waste on site. To set up secondary storage facility
To transport non-biodegradable waste to material recovery and secondary storage facility and disposal facility
To involve participation of communities in SWM and also in promotion of home composting, bio-gas generation etc and ensuring control of odour and further ensuring hygienic conditions therein
To ensure that construction and demolition waste is disposed off as per Construction and Demolition Waste Rules, 2016
To facilitate on its own or in partnership with private sector or other agencies, construction, operation and maintenance of Solid Waste processing and treatment facilities and the requisite infrastructure. For this purpose, provision of land shall be responsibility of Department in charge of allocation of land
- Facility to be set up as per the technical and other guidelines issued by CPCB
- Approval of SPCB to be obtained
- Operator shall be responsible for safe and environmentally sound operation of the facility and to ensure that the operation is in accordance with norms specified
To make provision of funds for capital investment and maintenance for SWM.
If SW exceeds 5 TPD, to make an application for authorization for processing, treatment and disposal facility and to get renewal by filing an application atleast 60 days before the date of expiry
To frame bye-laws and prescribe criteria for levying of spot fine on persons who litter or fail to comply with the provisions of SWM Rules
To arrange construction, operation and maintenance of sanitary landfill
To ensure that only non-usable, non-recyclable, non-biodegradable, non-combustible and non-reactive inert waste and pre-processing rejects and residues from waste processing facilities to go to sanitary landfill
To ensure that sanitary landfill sites meet the prescribed criteria
To ensure that the workers employed in processing and disposal facility are given protection equipment and the same are used by them
To ensure bio-mining and bio-remediation of dumpsites.
Scientific capping of landfill to prevent damage to the environment, if bio-mining/bio-remediation can not be done.
To ensure implementation of provisions of SWM Rules regarding collection, segregation and storage of waste while approving building plans
To examine and inspect existing dumpsites and to find out the possibilities of bio-mining and bio-remediation and implement the same.

Duties of Manufacturers or Brand Owners

Manufacturers/brand owners of disposable products such as tin, glass, plastics packaging, etc. are mandated to provide requisite financial assistance to local authorities for establishment of SWM system.
Brand owners selling their products in non-biodegradable packing are required to make arrangement for collecting back such waste
Manufacturers of sanitary napkins and diapers to provide pouches/wrapper for their safe disposal Manufacturers of sanitary napkins and diapers to explore possibility of using recyclable material in their products
To educate the public regarding wrapping and disposal of their products.

Duties of Specified Industrial Units

Industrial units situated within 100 kms of RDF (Refuse derived fuel) and Waste to Energy plants based on solid waste are required to replace atleast 5% of their fuel requirement with RDF within six months from the date of notification of these rules

Time Frame for Implementation of SWM Rules

The new SWM Rules have been notified only in 2016 and these rules have laid down the responsibilities of various implementation agencies. These rules are required to be implemented in a time bound manner. The time frame within which the implementation agencies are required to set up the infrastructure and implement SWM Rules is laid down in rule 22 which provides as under:

Solid Waste Management in Hilly Areas – Rule 20

In addition to duties imposed upon urban local bodies, additional provisions have been made for hilly areas. Rules contemplate avoiding construction of landfill on the hills, instead, it is provided that a suitable landfill may be set up within 25 kms in the plains. Local bodies in hilly areas have been directed to issue instructions to tourists so as to prevent littering of water bottles, soft drink/liquor bottles, tetra packs etc on the hills. Local bodies in hilly areas have been authorised to levy charges on the tourists so that the revenues generated can be utilized for effective implementation of SWM rules. SWM Rules have also promoted setting up of step gardens in hills.

Criteria for Waste to Energy Process – Rule 21

The thrust of new waste management rules in India is sustainable disposal of wastes. Therefore, SWM Rules provide that non recyclable waste should be used for deriving energy. In this context, rule 21 provides that non recyclable waste having calorific value of 1500 K/cal/kg or more shall not be disposed of on landfills and shall only be utilized for generating energy either or through refuse derived fuel or by giving away as feed stock for preparing refuse derived fuel. Further, it is laid down that high calorific waste shall be used in cement or thermal plants for co-processing.

Judicial Decisions

Analysis of judicial decisions reflect that despite enactment of SWM Rules way back in 2000, the disposal of MSW is a serious issue and the implementation of the rules has been tardy and lacklustre. This fact can be gathered from the analysis of the decision of the National Green Tribunal in Satpal Singh v. Municipal Council, Gardhiwala. In the instant case a Writ Petition was filed in the High Court of Punjab and Haryana (CWP 8783 of 2009) which was later transferred to National Green Tribunal. The facts disclosed that Municipal Council failed to perform its duties regarding solid waste management and to implement the SWM Rules. Disposal Site (Hada Rori) was highly polluted and the pollution level had become intolerable to the inhabitants nearby. It was held that it violated the fundamental rights to life of the citizens which included right to live in clean environment. Accordingly, NGT ordered shifting of the disposal site outside the limits of Municipal Council.iii

In Almitra H. Patel v, Union of India and Othersiv , NGT was highly dissatisfied with the state of affairs regarding disposal and management of Municipal Solid Waste. NGT also noted that the provisions of SWM Rules, 2016 are not complied with by the authorities. Accordingly, NGT issued guidelines in the matter, some of which are discussed hereunder:

Prescribed authorities under SWM Rules are directed to comply with SMW Rules, with immediate effect. The appropriate governments were directed to prepare action plan for SWM in accordance with SWM Rules, 2016.
NGT noted that the time frame prescribed for implementation of some of the provisions of SWM Rules had already expired but despite the fact, the authorities had not taken any action whatsoever Accordingly, it was directed that period prescribed in Rule 6(b) shall commence from 01st January 2017 whereas the periods prescribed in Rules 11(a), 11(f), 15(e) etc shall commence from July 1, 2017. It was further directed no extensions shall be allowed thereafter.
NGT ordered that if any State or Union Territory fails to comply with the statutory obligations under SWM rules, it shall be liable to be proceeded against in accordance with Section 15 of the Environment (Protection) Act, 1986 and shall also be liable to pay environmental compensation. NGT ordered that if case of default, the senior most officer in-charge in the State Government/Urban Local Body shall be liable to be personally proceeded against for violation of the Rules and orders passed by this Tribunal.
NGT ordered prescribed authorities under SWM Rules to act in coordination with each other so that the Solid waste is disposed off scientifically and in accordance with SWM Rules.
In case of Waste to Energy Plants established in compliance of SWM Rules, it was ordered that before incineration, segregation of waste must be ensured. It was also ordered that there should be buffer zone and green belt around plants and landfill sites.
NGT ordered that Central Monitoring Committee should meet atleast once in three months as against once in a year prescribed in the Rules to monitor the compliance of SWM Rules and to issue appropriate directions.
NGT directed the State Governments and the local authorities to issue directives for mandatory buying/using of RDF as fuel for the power generation and cement plants operating within their jurisdictions, if such plants are located within 100 kms.
To ensure segregation of inert and construction and demolition waste at source/collection point and its transportation in accordance with the Rules to the identified sites.
The landfill sites shall be subjected to bio-stabilisation within six months from the date of pronouncement of the order.
Landfills should preferably be used only for depositing of inert waste and rejects.
NGT directed use of non biodegradable and non-recyclable waste in road construction and directed that appropriate provisions should be made in the contract allotted for the purpose.
The appropriate government and local authorities are required to ensure establishment of appropriate number of centres in each colony or district for collection of domestic hazardous waste like batteries, electronic items, fluorescent tubes, bulbs, syringes, expired medicines etc. If the hazardous waste is recyclable it should be sent to recycling facility, otherwise, it should be disposed off at the facility.
Ministry of Environment, Forests and Climate Change was directed to consider banning short life PVC and chlorinated plastics at the earliest and in any case within six months.
NGT ordered complete prohibition on open burning of waste on lands, including at landfill sites. NGT directed that penalties for violation of these directions including penalties on local bodies and persons responsible for burning. The penalty prescribed is Rs. 5000 in case of simple burning and Rs. 25000 for mass/bulk burning.
NGT directed that if any person including the State government, local authorities etc violated SWM Rules, 2016 and the directions given by NGT in the instant case, he shall be liable for penal action u/s 15 of Environment (Protection) Act and also for paying environmental compensation.
NGT ordered prescribed authorities to create public awareness regarding management of solid waste as per SWM Rules, 2016.

Again, NGT in its orders passed in September 2017 in pursuance of its decision in Kudrat Sandhu v. Govt. of NCT, Delhiv and in Almitra H. Patel above, expressed dissatisfaction over complete inefficiency and inaction of the government and local authorities of NCT of Delhi. NGT noted that despite the orders of NGT and SWM Rules, there was persistent violation in the Capital of the country. Aggrieved with the reckless attitude of the authorities, NGT issued show cause notice to MCs to show why criminal prosecution be not initiated against the officers and heads of departments and also to show cause, why they should not pay environmental compensation.

Conclusion

From the foregoing discussion, it is clear that Municipal Solid Waste Rules were framed in India due to the directions of the higher judiciary. Enactment of SWM Rules, 2016 is a welcome step as it has fortified the rules pertaining to SWM in India and have clearly specified the duties of each stakeholder. However, despite enactment of Rules and prescription of duties of all the stakeholders, the implementation of rules is very poor. The instances of fires in landfill sites are frequent. NGT have issued various guidelines regarding effective implementation of SWM Rules, however, neither the rules nor the directions have been complied with, forcing NGT to issue show cause notice to the authorities asking them to explain why criminal prosecution be not initiated against them. This state of affairs exists in the capital of the country, therefore, situation elsewhere can be well imagined. It is, therefore, of utmost importance that the people of this country wake up themselves, as well as, compel the authorities to shun their careless attitude and unite in dealing with SWM in India

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