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Waste Management Rules in India: An Overview

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1 Waste Management Rules in India: An Overview
Dr. Sanjay Joshi Dept. of Environmental Sciences K. J. Somaiya College of Science and Commerce Vidyavihar

2 Some Waste Management Quotes
“Clean Up and Flourish or Pile Up and Perish” “A city is only as clean as its dirtiest areas” “The best way to keep streets clean is not to dirty them in the first place. Aim for cities without street bins.” “Handle waste once only”

3 Waste Management Legislations: Historical Perspective
India’s present waste-management policy evolved over six years, in the following steps: Sept ‘94 : The “plague” in Surat city. Oct ‘94 : First Clean India Campaign of Capt. Velu by road to 30 cities in 30 days July ’95 : Second Clean India Campaign to 60 more cities, all open-dumping Dec ‘96 : Filed PIL # WP 888/96 in Supreme Court of India against every State Jan ‘98: Court appoints 8-member Committee

4 Waste Management Legislations: Historical Perspective
June’98: Interim Report: feedback from 400 city managers Mar ’99: Final Report, approved by all States Sept ’99: Draft MSW Rules from Ministry of Environment and Forests Sept ‘00: Municipal Solid Waste (Management & Handling) Rules 2000 Hazardous Waste (Handling and Management) Rules Biomedical Waste (Handling and Management) Rules Rules for Recycled Plastics, Fly Ash Notification Municipal Solid Waste (Handling and Management) Rules Battery (Handling and Management) Rules

5 Waste Management Legislations: Historical Perspective
Water Act (mentions sewage but not pollution by garbage) Air Act (no mention of smoke pollution from burning waste) Environment Protection Act (no mention of urban solid waste) Coastal Regulation Zones (no mention of garbage dumped in creeks) Eco-Fragile Zones for Hill Stations (may save valleys from dumped waste)

6 Implementation Status Of Municipal Solid Waste (Management & Handling) Rules, 2000.
Municipal Solid Waste (Management & Handling)Rules, 2000 (MSW Rules) are applicable to every municipal authority responsible for collection, segregation, storage, transportation, processing and disposal of municipal solids. The Rules contains four Schedules namely; Schedule-I : Relates to implementation Schedule Schedule-II : Specifications relating to collection, segregation, storage, transportation, processing and disposal of municipal solid waste (MSW). Schedule-III : Specifications for landfilling indicating; site selection, facilities at the site, specifications for landfilling, Pollution prevention, water quality monitoring, ambient air quality monitoring, Plantation at landfill site, closure of landfill site and post care. Schedule-IV : Indicate waste processing options including; standards for composting, treated leachates and incinerations.

7 Agencies/Authorities
Sr. no. Agencies/Authorities Responsibilities 1. Municipal Authorities Ensuring that municipal solid wastes to be handled as per rules. Seeking authorization from State Pollution Control Board (SPCB) for setting up waste processing and disposal facility including landfills. Furnishing annual report. iv. Complying with Schedule I, II, III and IV of the rules 2. State Government : a) Secretary In-Charge of Department of Urban Development b) District Magistrates/ Deputy Commissioner i. Overall responsibility for the enforcement of the provisions of the rules in the metropolitan cities. ii. Overall responsibility for the enforcement of the provisions of the rules within the territorial limits of their jurisdiction.

8 Agencies/Authorities
Sr. no. Agencies/Authorities Responsibilities 3. Central Pollution Control Board (CPCB) Co-ordinate with State Boards and Committees with reference to implementation and review of standards and guidelines and compilation of monitoring data. Prepare consolidated annual review report on management of municipal solid wastes for forwarding it to Central Government along with its recommendations before the 15th of December every year. Laying down standards on waste processing/ disposal technologies including approval of technology. 4. State Pollution Control Board (SPCB) Monitor the compliance of the standards regarding ground water, ambient air leachate quality and the compost quality including incineration standards as specified under Schedule II, III & IV. Issuance of authorization to the municipal authority or an operator of a facility stipulating compliance criteria and standards. Prepare and submit to the CPCB an annual report with regard to the implementation of the rules.

9 Status of Implementation of MSW Rules
Assessment of status of solid waste management is based on annual reports being furnished by local bodies to State Pollution Control Boards and forwarding consolidated Annual Report to CPCB. Local bodies are required to forward Annual report for each year to SPCBs/PCCs before 30th June every year and SPCBs in turn, will send their consolidated report for the year before 15th September to CPCB However, in terms of adhering with stipulated schedule, delay has been observed.

10 Implementation of Schedule-II
Efforts are being made by many local bodies for creating awareness in the citizens for ensuing proper management of waste including systematization of procedures relating to waste collection, segregation, storage and transportation However, such efforts are either restricted to a few localities/ wards within the town or a few ULBs taken up such efforts at entire town level. The efforts made by local bodies for bringing improvement in waste collection, segregation, storage and transportation Cleanliness varies from town-to-town depending on the initiatives taken by that local body It has been observed that collection of waste from door-step is the most critical issue in the entire management of MSW.

11 Implementation of Schedule-III (Landfilling)
Disposal of waste is still continued through open dumping. As per information of State Boards, landfills have been reported as ‘constructed’ at: Bangalore, Mangalore, Karwar, Puttur, Ankola,Surat, Alang, Nashik, Sonpeth, Ambad, Turbhe (Navi Mumbai Municipal Corporation) At other places, landfills are under construction/ or planning stage.

12 Implementation of Schedule-IV (Waste Processing)
There has been a positive movement on setting up of waste processing facilities as compared to the efforts made in the previous years. In many States, several towns have responded that there is partial composting/ vermi-composting facilities. Local bodies have not so far preferred waste-to-energy projects except in the State of Andhra Pradesh. It has been observed that ‘composting’ and ‘vermi-composting’ is preferred as easy technological option by local bodies and other options like thermal processing (incineration, pyrolysis etc.) are not attempted due to non-availability of operating experiences.

13 Initiatives at National Level
CPCB and MoEF and other Central Ministries such as Ministry of Urban Development (MoUD) and Ministry of Non-Conventional Energy Sources (MNES) have taken initiatives to facilitate implementation of MSW rules. Some of the initiatives taken are briefly summarized as under: Demonstration Projects MoEF and CPCB have instituted a scheme for setting up of demonstration project for solid waste management in accordance with MSW Rule. Objective of the scheme is to demonstrate implementation of MSW Rule in an integrated manner. The scheme is based on cost sharing basis where concerned local body is required to contribute 50% of the total cost of the project.

14 Waste Management Rules: Amendments
G.S.R. 320 (E) [ ] : Plastic Waste Management Rules 2016 G.S.R. 338 (E) [ ] : E-waste (Management) Rules, 2016 G.S.R. 343(E). [ ] : Bio-Medical Waste Management Rules,2016 G.S.R. 317(E). [ ] : Construction and Demolition Waste Management Rules, 2016 G.S.R No. 395 (E)[ ] : Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 S.O. 1357(E) [ ] : Solid Waste Management Rules, 2016

15 MSW Rules 2016 (Amended) The Environment Ministry has revised Solid Waste Management Rules after 16 years.  These Rules are now applicable beyond municipal areas and will extend to urban agglomerations, census towns, notified industrial townships, areas under the control of Indian Railways, airports, airbase, port and harbour, defence establishments, special economic zones, State and Central government organizations, places of pilgrims, religious & historical importance The responsibility of generators has been introduced to segregate waste into three categories – Wet, Dry and Hazardous Waste.  The generator will have to pay ‘User Fee’ to the waste collector and a ‘Spot Fine’ for littering and non-segregation, the quantum of which will be decided by the local bodies.    The integration of ragpickers from the informal sector to the formal sector has been introduced  In case of hilly areas, land for construction of sanitary landfills in the hilly areas will be identified in the plain areas, within 25 kilometers. 

16 MSW Rules 2016 (Amended) Waste processing facilities will have to be set up by all local bodies having 1 million or more population within two years In case of census towns below 1 million population, setting up common, or  stand-alone sanitary landfills by, or for all local bodies having 0.5 million or more population and for setting up common, or regional sanitary landfills by all local bodies and census towns under 0.5 million population will have to be completed in three years.

17 Salient Features of MSW Rules 2016 (Amended)
The Rules are now applicable beyond Municipal areas and extend to urban agglomerations, census towns, notified industrial townships, areas under the control of Indian Railways, airports, airbase, Port and harbour, defence establishments, special economic zones, State and Central government organizations, places of pilgrims, religious & historical importance.   The source segregation of waste has been mandated to channelize the waste to wealth by recovery, reuse and recycle.  Responsibilities of Generators have been introduced to segregate waste in to three streams, Wet (Biodegradable), Dry (Plastic, Paper, metal, wood, etc.) and domestic hazardous wastes (diapers, napkins, empty containers of cleaning agents, mosquito repellents, etc.) and handover segregated wastes to authorized rag-pickers or waste collectors or local bodies.  Integration of waste pickers/ ragpickers and waste dealers/ Kabadiwalas in the formal system should be done by State Governments, and Self Help Group, or any other group to be formed.

18 Salient Features of MSW Rules 2016 (Amended)
No person should throw, burn, or bury the solid waste generated by him, on streets, open public spaces outside his premises, or in the drain, or water bodies. Generator will have to pay ‘User Fee’ to waste collector and for ‘Spot Fine’ for Littering and Non-segregation.  Used sanitary waste like diapers, sanitary pads should be wrapped securely in pouches provided by manufacturers or brand owners of these products or in a suitable wrapping material and shall place the same in the bin meant for dry waste / non- bio-degradable waste.   The concept of partnership in Swachh Bharat has been introduced. Bulk and institutional generators, market associations, event organizers and hotels and restaurants have been made directly responsible for segregation and sorting the waste and manage in partnership with local bodies.

19 MSW Rules 2016 (Amended) The Government has also constituted a Central Monitoring Committee under the chairmanship of Secretary, Ministry of Environment, Forest and Climate Change to monitor the overall implementation of the Rules The Committee comprises the Ministry of Urban Development, Ministry of Rural Development, Ministry of Chemicals and Fertilizers, Ministry of Agriculture, Central Pollution Control Board, three State Pollution Control Boards /Pollution Control Committees, Urban Development Departments of three State Governments, rural development departments from two State Governments, three urban local bodies, two census towns, Federation of Indian Chambers of Commerce & Industry (FICCI), Confederation of Indian Industry (CII) and two subject experts. The Committee will meet once an year to monitor the implementation of these Rules.

20 Salient Features of MSW Rules 2016 (Amended)
All hotels and restaurants should segregate biodegradable waste and set up a system of collection or follow the system of collection set up by local body to ensure that such food waste is utilized for composting / biomethanation All Resident Welfare and market Associations,  Gated communities and institution with an area >5,000 sq. m should segregate  waste at source- in to valuable dry waste like plastic, tin, glass, paper, etc. and handover recyclable material to either the authorized waste pickers or the authorized recyclers, or to the urban local body.    The bio-degradable waste should be processed, treated and disposed of through composting or bio-methanation within the premises as far as possible. The residual waste shall be given to the waste collectors or agency as directed by the local authority.

21 Salient Features of MSW Rules 2016 (Amended)
New townships and Group Housing Societies have been made responsible to develop in- house waste handling, and processing arrangements for bio-degradable waste.  Every street vendor should keep suitable containers for storage of waste generated during the course of his activity such as food waste, disposable plates, cups, cans, wrappers, coconut shells, leftover food, vegetables, fruits etc. and deposit  such waste at waste storage depot or container or  vehicle as notified by the local authority. The developers of Special Economic Zone, industrial estate, industrial park to  earmark at least 5% of the total area of the plot or minimum 5 plots/ sheds for recovery and recycling facility.   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 the establishment of waste management system.    All such brand owners who sale or market their products in such packaging material which are non-biodegradable should put in place a system to collect back the packaging waste generated due to their production.  

22 Salient Features of MSW Rules 2016 (Amended)
All industrial units using fuel and located within 100 km from a solid waste based RDF plant shall make arrangements within six months from the date of notification of these rules to replace at least 5 % of their fuel requirement by RDF so produced.  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. High calorific wastes shall be used for co-processing in cement or thermal power plants. Construction and demolition waste should be stored, separately  disposed off, as per the Construction and Demolition Waste Management Rules, 2016

23 Salient Features of MSW Rules 2016 (Amended)
Horticulture waste and garden waste generated from his premises should be disposed as per the directions of local authority.  An event, or gathering organiser of more than 100 persons at any licensed/ unlicensed place, should ensure segregation of waste at source and handing over of segregated waste to waste collector or agency, as specified by local authority.  Special provision for management of solid waste in hilly areas:- 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.  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 off at this sanitary landfill. In case of non-availability of such land, efforts shall be made to set up regional sanitary landfill for the inert and residual waste.

24 MSW Rule 2000 Landfill only compost rejects and inerts (debris)
Deadlines that were given as per the MSW Rules Sept 2000- By Improve existing landfills By Dec Identify & prepare landfill sites By Dec Set up waste processing and disposal facilities

25 Hazardous Wastes (Management and Handling) Rules, 1989
These rules may be called the Hazardous Wastes (Management and Handling) Rules, They shall come into force on the date of their publication in the Official Gazette.  APPLICATION.  These rules shall apply to [the handling of] hazardous wastes as specified in the [Schedule] and shall not apply to -   (a) waste water and exhaust gases as covered under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and rules made thereunder; (b) wastes arising out of the operation from ships beyond five kilometers as covered under the provisions of the Merchant Shipping Act, 1958 (44 of 1958) and the rules made thereunder;

26 Hazardous Wastes (Management and Handling) Rules, 1989
(c) radio-active wastes as covered under the provisions of the Atomic Energy Act, 1962 (33 of 1962) and rules made thereunder. (d) bio-medical wastes covered under the Bio-Medical Wastes (Management and Handling) Rules, 1998 made under the Act; (e) wastes covered under the Municipal Solid Wastes (Management and Handling) Rules, 2000 made under the Act; and (f) the lead acid batteries covered under the Batteries (Management and Handling) Rules, 2001 made under the Act].

27 Hazardous Waste-legislations
Hazardous Wastes (Management & Handling) Rules, 1989 Notified under the Environment(protection) Act, 1986 and were amended In 2000 and again in 2003, 2008 and 2013 As per these amendments, the rules are now known as the Hazardous Wastes (Management, Handling and Transboundary Movement) Amendment Rules, 2013 as per the Basel Convention (Adopted in March in Basel, Switzerland and entered into force in So far 186 countries have signed the treaty till November, 2016) 3/24/2020

28 Hazardous Wastes (Management and Handling) Rules, 1989 Definitions
“Hazardous waste” means any waste which by reason of any of its physical, chemical, reactive, toxic, flammable, explosive or corrosive characteristics causes 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-   “hazardous wastes site” means a place for collection, reception, treatment, storage and disposal of hazardous wastes which has been duly approved by the competent authority; “illegal traffic” means any trans boundary movement of hazardous wastes as specified in rule 15;  “import” means bringing into India from a place outside India;  “importer” means an occupier or any person who imports hazardous wastes;

29 Hazardous Wastes (Management and Handling) Rules, 1989
“operator of facility” means a person who owns or operates a facility for collection, reception, treatment, storage or disposal of hazardous wastes;  “recycler” means an occupier who procures and processes wastes for recovery;  "recycling of waste oil" means reclamation by way of treatment to separate solids and water from waste oils using methods such as heating, filtering, gravity settling, centrifuging, dehydration, viscosity and specific gravity adjustment;

30 Hazardous Wastes (Management and Handling) Rules, 1989
"re-refining of used oil" means applying a process to the material composed of used oil so as to produce high quality base stock for further manufacture of lubricants or for other petroleum products by blending or any other process;  “transboundary movement” means any movement of hazardous waste or other wastes from an area under the national jurisdiction of one country to or through an area under the national jurisdiction of another country or to or through an area not under the national jurisdiction of any country, provided at least two countries are involved in the movement;

31 Hazardous Wastes (Management and Handling) Rules, 1989
“used oil” means any oil - derived from crude oil or mixtures containing synthetic oil including used engine oil, gear oil, hydraulic oil, turbine oil, compressor oil, industrial gear oil, heat transfer oil, transformer oil, spent oil and their tank bottom sludges; and  suitable for re-refining if it meets the specifications laid down in Schedule 5, but does not include waste oil; “waste oil” means any oil -  which includes spills of crude oil, emulsions, tank bottom sludge and slop oil generated from petroleum refineries, installations or ships; and  is unsuitable for re-refining, but can be used as fuel in furnaces if it meets the specifications laid down in Schedule 6;

32 Transportation of HW Due to unprecedented growth of chemical Industries, the proportion of hazardous chemicals in total freight traffic is increasing at a rapid rate Of the carriers that carry hazardous goods approximately two-thirds of them carry flammable petroleum products including Kerosene, Petrol, LPG, Naphtha etc. The movement of such substances is more prone to accident than the movement of other goods When involved in a road accident , may cause disastrous consequences like fire, explosion, injuries, in addition to property loss and environmental pollution The safety codes and safety requirements to be followed in transportation of hazardous materials are laid down in Central Motor Vehicles Rules of 1988

33 Transportation of HW Every goods carriage carrying goods of dangerous or hazardous nature shall be fitted with a tachograph, an instrument to record the lapse of running time of the motor vehicle; time speed maintained, acceleration and declaration etc., and a spark arrester The class label shall be so positioned that the size of the label is at angle of 45 degrees to the vertical and the size of such label shall not be of less than 25 mm square which may be divided into two portions, the upper half portion being reserved for the pictorial symbol and the lower half for the test. 3/24/2020

34 Transportation of HW The goods carriage must have valid registration to carry the hazardous goods. The vehicle is equipped with necessary First-aid, Safety equipments and antidotes as may be necessary. The transporter or owner of the goods carriage has full and adequate information about the dangerous or hazardous goods being transported. The driver of the goods carriage is trained in handling the dangers posed during transport of such goods. 3/24/2020

35 Transportation of HW Educational qualification for drivers of goods carriages carrying dangerous or hazardous goods. Ability to read and write one Indian language and English, and also posses a certificate having successfully passed a course consisting of following syllabus and periodicity connected. Period of training 3 days ( for first time) Period of training 1 day (for every year) Syllabus: Defensive driving questionnaire – First Day Advanced Driving skill and training. – Second Day 1. Discussion 2. Field test training(1 driver at a time) Product safety – Third day 1. Product information 2. Emergency Procedure

36 Transportation of HW Every consignor shall supply to the owner of the goods carriage full and adequate information about the dangerous or hazardous goods, being transported as to enable such owner and its driver to become aware of the safety rules for transportation of hazardous materials To make aware of the risks created by such goods to health or safety The owner of the goods carriage shall ensure that the driver holds a driving License as per provisions of Rule 9 of the Central Motor Vehicle Rules 3/24/2020

37 Transportation of HW It is the responsibility of the driver to keep all information provided to him in writing in the form TREM CARD (Transport Emergency Card). This is to be kept in the drivers cabin and should be available at all times while hazardous material related to it is being transported It is essential for every hazardous material carrier to display correctly the emergency information panel (EIP) with details and at places as specified under Rule 134 of the Central Motor Vehicles Rules, 1989 Emergency information panel should be legibly and conspicuously marked in each of the three places specified. So that the emergency information panel faces to each side of the carriage and to its rear and such panel shall contain the following information 3/24/2020

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