MSW Rules 2016

MSW Rules in Official Gazette

(I)        Some of the salient features of SWM Rules, 2016 include:-

1.                  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.

2.                  The source segregation of waste has been mandated to channelize the waste to wealth by recovery, reuse and recycle.

3.                  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.

4.                  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.

5.                  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.

6.                  Generator will have to pay ‘User Fee’ to waste collector and for ‘Spot Fine’ for Littering and Non-segregation.

7.                  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.

8.                  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.

9.                  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. 

10.              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. 

11.              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.

12.              New townships and Group Housing Societies have been made responsible to develop in-house waste handling, and processing arrangements for bio-degradable waste.

13.              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.

14.              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.

15.              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.

16.              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.  

17.              Manufacturers or Brand Owners or marketing companies of sanitary napkins and diapers should 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.

18.              All such manufacturers, brand owners or marketing companies should educate the masses for wrapping and disposal of their products.

19.              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.

20.              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.

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

22.              Construction and demolition waste should be stored, separately  disposed off, as per the Construction and Demolition Waste Management Rules, 2016

23.              Horticulture waste and garden waste generated from his premises should be disposed as per the directions of local authority.

24.              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.

25.              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.

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

(II)       Municipal Solid Waste

            With the ever increasing population and urbanization, the waste management has emerged as a huge challenge in the country. Not only the waste has increased in quantity, but the characteristics of waste have also changed tremendously over a period, with the introduction of so many new gadgets and equipment. It is estimated that about 62 million tonnes of waste is generated annually in the country, out of which 5.6 million is plastic waste, 0.17 million is biomedical waste. In addition, hazardous waste generation is 7.90 million TPA and 15 lakh tonne is e-waste. The per capita waste generation in Indian cities range from 200 grams to 600 grams per day (2011).  43 million TPA is collected, 11.9 million is treated and 31 million is dumped in landfill sites.

(III)     Proper solid waste management

            Scientific disposal of solid waste through segregation, collection and treatment and disposal in an environmentally sound manner minimises the adverse impact on the environment. The local authorities are responsible for the development of infrastructure for collection, storage, segregation, transportation, processing and disposal of MSW.

            As per information available for 2013-14, compiled by CPCB, municipal authorities have so far only set up 553 compost & vermi-compost plants, 56 bio-methanation plants, 22 RDF plants and 13 Waste to Energy (W to E) plants in the country. 

(IV)     Problems of unscientific MSW disposal

            Only about 75- 80% of the municipal waste gets collected and out of this only          22-28 % is processed and treated and remaining is disposed of indiscriminately at dump yards. It is projected that by the year 2031 the MSW generation shall increase to 165 million tonnes and to 436 million tons by 2050.  If cities continue to dump the waste at present rate without treatment, it will need 1240 hectares of land per year and with projected generation of 165 million tons of waste by 2031, the requirement of setting up of land fil for 20 years of 10 meters height will require 66,000 hectares of land. 

As per the Report of the Task Force of erstwhile Planning Commission, the untapped waste has a potential of generating 439 MW of power from 32,890 TPD of combustible wastes including Refused Derived Fuel (RDF), 1.3 million cubic metre of biogas per day, or 72 MW of electricity from biogas and 5.4 million metric tonnes of compost annually to support agriculture.

(V) Consultation process for new Solid Waste Rules

            The draft Solid Waste Management Rules were published in June, 2015 inviting public objections and suggestions. Stakeholders consultation meets were organized in New Delhi, Mumbai and Kolkata. Consultative meetings with relevant Central Ministries, State Governments, State Pollution Control Boards and major hospitals were also held. The suggestions/objections (about 111) received were examined by the Working Group in the Ministry. Based on the recommendations of the Working Group, the Ministry has published the Solid Waste Management Rules, 2016.