S.O.
908(E).September, 2000
Whereas
the draft of the Municipal Solid Wastes (Management and Handling)
Rules, 1999 were
published under the notification of the Government of India in the
Ministry of Environment and Forests
number S.O. 783(E), dated, the 27th September, 1999 in the Gazette
of India, Part II, Section 3,
Sub-section (ii) of the same date inviting objections and suggestions
from the persons likely to be
affected thereby, before the expiry of the period of sixty days from
the date on which the copies of the
Gazette containing the said notification are made available to the
public;
And whereas
copies of the said Gazette were made available to the public on the
5th October, 1999;
And whereas
the objections and suggestions received from the public in respect
of the said draft rules
have been duly considered by the Central Government;
Now,
therefore, in exercise of the powers conferred by section 3, 6 and
25 of the Environment
(Protection) Act, 1986 (29 of 1986), the Central Government hereby
makes the following rules to
regulate the management and handling of the municipal solid wastes,
namely :-
1.
Short title and commencement
1. These
rules may be called the Municipal Solid Wastes (Management and Handling)
Rules, 2000.
2. Save
as otherwise provided in these rules, they shall come into force on
the date of their publication
in the Official Gazette.
2.
Application
These
rules shall apply to every municipal authority responsible for collection,
segregation, storage,
transportation,, processing
and disposal of municipal solid wastes .
3.
Definitions
In
these rules, unless the context otherwise requires,
i) "anaerobic
digestion" means a controlled process involving microbial decomposition
of organic
matter in the absence of oxygen;
ii) "authorization"
means the consent given by the Board or Committee to the "operator
of
a facility" ;
iii) "biodegradable
substance" means a substance that can be degraded by micro-organisms;
iv) "biomethanation"
means a process which entails enzymatic decomposition of the organic
matter by microbial action to produce methane rich biogas;
v) "collection"
means lifting and removal of solid wastes from collection points or
any other location;
vi) "composting"
means a controlled process involving microbial decomposition of organic
matter;
vii) "demolition
and construction waste" means wastes from building materials
debris and rubble
resulting from construction, re-modelling, repair and demolition operation;
viii) "disposal"
means final disposal of municipal solid wastes in terms of the specified
measures to
prevent contamination of ground-water, surface water and ambient air
quality;
ix) "Form"
means a Form appended to these rules;
x) "generator
of wastes" means persons or establishments generating municipal
solid wastes;
xi)
"landfilling" means disposal of residual solid
wastes on land in a facility designed with
protective measures against pollution of ground water, surface water
and air fugitive dust,
wind blown litter, bad odour, fire hazard, bird menace, pests or rodents,
greenhouse gas emissions,
slope instability and erosion;
xii) "leachate"
means liquid that seeps through solid wastes or other medium and has
extracts of
dissolvedor suspended material from it;
xiii) "lysimeter"
is a device used to measure rate of movement of water through or from
a soil layer
or is used to collect percolated water for quality analysis;
xiv) "municipal
authority" means Municipal Corporation, Municipality, Nagar Palika,
Nagar Nigam,
Nagar Panchayat, Municipal Council including notified area committee
(NAC) or any other local
body constituted under the relevant statutes and, where the management
and handling of
municipal solid waste is entrusted to such agency;
xv) "municipal
solid waste" includes commercial and residential wastes generated
in a municipal or
notified areas in either solid or semi-solid form excluding industrial
hazardous wastes but
including treated bio-medical wastes;
xvi) "operator
of a facility" means a person who owns or operates a facility
for collection, segregation,
storage, transportation, processing and disposal of municipal solid
wastes and also includes any
other agency appointed as such by the municipal authority for the
management and handling of
municipal solid wastes in the respective areas;
xvii) "pelletisation"
means a process whereby pellets are prepared which are small cubes
or
cylindrical pieces made out of solid wastes and includes fuel pellets
which are also referred
as refuse derived fuel;
xviii) "processing"
means the process by which solid wastes are transformed into new or
recycled
products;
xix) "recycling"
means the process of transforming segregated solid wastes into raw
materials for
producing new products, which may or may not be similar to the original
products;
xx) "Schedule"
means a Schedule appended to these rules;
xxi) "segregation"
means to separate the municipal solid wastes into the groups of organic,
inorganic, recyclables and hazardous wastes;
xxii) "State
Board or the Committee" means the State Pollution Control Board
of a State, or as the case
may be, the Pollution Control Committee of a Union territory;
xxiii) "storage"
means the temporary containment of municipal solid wastes in a manner
so as to
prevent littering, attraction to vectors, stray animals and excessive
foul odour;
xxiv) "transportation
" means conveyance of municipal solid wastes from place to place
hygienically
through specially designed transport system so as to prevent foul
odour, littering, unsightly
conditions and accessibility to vectors;
xxv) "vadose
water" water which occurs between the ground, surface and the
water table that is the
unsaturated zone;
xxvi) "vermicomposting"
is a process of using earthworms for conversion of bio-degradable
wastes
into compost.
4.
Responsibility of municipal authority
1. Every
municipal authority shall, within the territorial area of the municipality,
be responsible for
the
implementation of the provisions of these rules, and for any infrastructure
development for
collection,
storage, segregation, transportation, processing and disposal of municipal
solid wastes.
2. The
municipal authority or an operator of a facility shall make an application
in Form-I, for grant of
authorization
for setting up waste processing and disposal facility including landfills
from the State
Board
or the Committee in order to comply with the implementation programme
laid down in
Schedule I.
3. The
municipal authority shall comply with these rules as per the implementation
schedule laid down
in Schedule I.
4.
The municipal authority shall furnish its annual report in Form-II,-
a. to
the Secretary-incharge of the Department of Urban Development of the
concerned
State
or as the case may be of the Union territory, in case of a metropolitan
city; or
b. to
the District Magistrate or the Deputy Commissioner concerned in case
of all other towns
and
cities, with a copy to the State Board or the Committee on or before
the 30th day
of
June every year.
5.
Responsibility of the State Government and the Union territory
Administrations
1.
The Secretary-incharge of the Department of Urban Development
of the concerned State or the
Union territory, as the case may be, shall have the overall responsibility
for the enforcement of
the provisions of these rules in the metropolitan cities.
2.
The District Magistrate or the Deputy Commissioner of the concerned
district shall have the
overall
responsibility for the enforcement of the provisions of these rules
within the territorial
limits
of their jurisdiction.
6.
Responsibility of the Central Pollution Control Board and
the State Board or the Committees
1. The
State Board or the Committee shall monitor the compliance of the standards
regarding
ground
water, ambient air, leachate quality and the compost quality including
incineration
standards
as specified under Schedules II, III and IV.
2. The
State Board or the Committee, after the receipt of application from
the municipal
authority
or the operator of a facility in Form I, for grant of authorization
for setting up waste
processing
and disposal facility including landfills, shall examine the proposal
taking into
consideration
the views of other agencies like the State Urban Development Department,
the
Town and Country Planning Department, Air Port or Air Base Authority,
the Ground
Water
Board or any such other agency prior to issuing the authorization.
3. The
State Board or the Committee shall issue the authorization in Form-III
to the municipal
authority
or an operator of a facility within forty-five days stipulating compliance
criteria
and
standards as specified in Schedules II, III and IV including such
other conditions, as
may
be necessary.
4. The
authorization shall be valid for a given period and after the validity
is over, a fresh
authorization
shall be required.
5.
The Central Pollution Control Board shall co-ordinate with the
State Boards and the
Committees
with particular reference to implementation and review of standards
and
guidelines
and compilation of monitoring data.
7.
Management of municipal solid wastes
1. Any
municipal solid waste generated in a city or a town, shall be managed
and handled in
accordance
with the compliance criteria and the procedure laid down in Schedule-II.
2. The
waste processing and disposal facilities to be set up by the municipal
authority on their
own or through an operator of a facility shall meet the specifications
and standards as specified
in
Schedules III and IV.
8.
Annual Reports
1. The
State Boards and the Committees shall prepare and submit to the Central
Pollution
Control
Board an annual report with regard to the implementation of these
rules by the 15th
of
September every year in Form-IV.
2. The
Central Pollution Control Board shall prepare the consolidated annual
review report on
management
of municipal solid wastes and forward it to the Central Government
alongwith
its
recommendations before the 15th of December every year.
9.
Accident Reporting
When
an accident occurs at any municipal solid wastes collection, segregation,
storage, processing,
treatment and dispoosal facility or landfill site or during the transportation
of such wastes, the
municipal authority shall forthwith report the accident in Form-V
to the Secretary in-charge of the
Urban Development Department in metropolitan cities, and to District
Collector or Deputy
Commissioner in all other cases.
Water
Act 