Waste Manangement


In 2016, the Ministry of Environment, Forest and Climate Change, Government of India have notified Solid Waste Management Rules, 2016 & Plastic Waste Management Rules, 2016.

 

Solid Waste Management Rules, 2016


As per Rule 15 of Solid Waste Management Rules, 2016, collection, transportation, processing, recycling, treatment and disposal of the solid waste are the responsibilities of the local bodies. All the Urban Local Bodies have framed bye-laws incorporating user charges for handling the solid waste and spot fines.

For effective implementation of the rules the Tamil Nadu Government has constituted a State Level Advisory Body vide G.O (Ms) No. 5 Municipal Administration and Water Supply (MA.IV) Department dated 25.01.2017.

 

Plastic Waste Management Rules, 2016 as amended


Rule 6. Responsibility of local body

(1) Every local body shall be responsible for development and setting up of infrastructure for segregation, collection, storage, transportation, processing and disposal of the plastic waste either on its own or by engaging agencies or producers.
(2) The local body shall be responsible for setting up, operationalisation and co-ordination of the waste management system and for performing the associated functions, namely: -

(a) Ensuring segregation, collection, storage, transportation, processing and disposal of plastic waste;
(aa) ensuring that the provisions of these rules, as amended, are adhered to;
(b) ensuring that no damage is caused to the environment during this process;
(c) ensuring channelization of recyclable plastic waste fraction to recyclers;
(d) ensuring processing and disposal on non-recyclable fraction of plastic waste in accordance with the guidelines issued by the Central Pollution Control Board;
(e) creating awareness among all stake holders about their responsibilities;
(f) engaging civil societies or groups working with waste pickers; and
(g) ensuring that open burning of plastic waste does not take place.
(3) The local body for setting up of system for plastic waste management shall seek assistance of producers and such system shall be set up within one year from the date of final publication of these rules in the Official Gazette of India;
(4) The local body to frame bye-laws incorporating the provisions of these rules.

Rule 7. Responsibility of Gram Panchayat - Every gram panchayat either on its own or by engaging an agency shall set up, operationalise and co-ordinate for waste management in the rural area under their control and for performing the associated functions, namely, -

a) ensuring segregation, collection, storage, transportation, plastic waste and channelization of recyclable plastic waste fraction to recyclers having valid registration; ensuring that no damage is caused to the environment during this process;
(aa) ensuring that the provisions of these rules, as amended, are adhered to;
b) creating awareness among all stakeholders about their responsibilities; and
c) ensuring that open burning of plastic waste does not take place

Rule 8. Responsibility of waste generator. - (1) The waste generator shall. - a. Take steps to minimize generation of plastic waste and segregate plastic waste at source in accordance with the Solid Waste Management Rules, 2000 or as amended from time to time; b. Not litter the plastic waste and ensure segregated storage of waste at source and handover segregated waste to urban local body or gram panchayat or agencies appointed by them or registered waste pickers -, registered recyclers or waste collection agencies;
(2) All institutional generators of plastic waste, shall segregate and store the waste generated by them in accordance with the Municipal Solid Waste (Management and Handling) Rules, 2000 notified vide S.O 908(E) dated the 25th September, 2000 under the Act or amendment from time to time and handover segregated wastes to authorized waste processing or disposal facilities or deposition centres either on its own or through the authorized waste collection agency;
(3) All waste generators shall pay such user fee or charge as may be specified in the bye-laws of the local bodies for plastic waste management such as waste collection or operation of the facility thereof, etc.; and
(4) Every person responsible for organising an event in open space, which involves service of food stuff in plastic or multi-layered packaging shall segregate and manage the waste generated during such events in accordance with the Municipal Solid Waste (Management and Handling) Rules, 2000 notified vide S.O 908(E) dated the 25th September, 2000 under the Act or amendment from time to time.

Rule 9. Responsibility of producers, Importers and Brand Owners.-
1) The producers, within a period of six months from the date of publication of these rules, shall work out modalities for waste collection system based on Extended Producers Responsibility and involving State Urban Development Departments, either individually or collectively, through their own distribution channel or through the local body concerned as per guidelines issued under these rules from time to time;
2) Primary responsibility for collection of used multi-layered plastic sachet or pouches or packaging is of Producers, Importers and Brand Owners who introduce the products in the market. They need to establish a system for collecting back the plastic waste generated due to their products. This plan of collection to be submitted to the State Pollution Control Boards while applying for Consent to Establish or Operate or Renewal. The Brand Owners whose consent has been renewed before the notification of these rules shall submit such plan within one year from the date of notification of these rules and implement with two years thereafter;
3) Manufacture and use of multi-layered plastic which is non - recyclable or non - energy recoverable or with no alternate use of plastic if any should be phased out in Two years time;

Rule 12. Prescribed authority. -
(1) The State Pollution Control Board and Pollution Control Committee in respect of a Union territory shall be the authority for enforcement of the provisions of these rules relating to registration, manufacture of plastic products and multi-layered packaging, processing and disposal of plastic wastes;
(2) The concerned Secretary-in-charge of Urban Development of the State or a Union Territory shall be the authority for enforcement of the provisions of these rules relating to waste management by waste generator, restriction or prohibition on use of plastic carry bags, plastic sheets or like, covers made of plastic sheets and multi-layered packaging;
(3) The concerned Gram Panchayat shall be the authority for enforcement of the provisions of these rules relating to waste management by the waste generator, restriction or prohibition on use of plastic carry bags, plastic sheets or like, covers made of plastic sheets and multi-layered packaging in the rural area of the State or a Union Territory; and
The authorities referred to in sub-rules (1) to (3) shall take the assistance of the District Magistrate or the Deputy Commissioner within the territorial limits of the jurisdiction of the concerned district in the enforcement of the provisions of these rules.

For the purpose of effective monitoring of implementation of these rules, the Government has constituted a State Level Advisory Committee vide G.O. (Ms). No. 148 Municipal Administration and Water Supply (MA.IV) Department, dated 25.10.2016