Solid Waste Management Rules Towards Swach Bharat Mission

With the growing emphasis of Swachh Bharat, motivational advertisements with various big celebrities have become common.

Environment (Protection) Act, 1986 empowers the the Central Government to make Rules to implement the provisions of the Act. In 2016, the Union Ministry of Environment, Forests and Climate Change came up with the following waste management Rules. They include plastic, e-waste, biomedical, hazardous and construction and demolition waste and solid waste –

  • Plastic Waste Management Rules 2016
  • e-waste (Management) Rules, 2016
  • Bio-Medical Waste Management Rules,2016
  • Construction and Demolition Waste Management Rules,2016
  • Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016
  • Solid Waste Management Rules, 2016.

Solid waste is an inevitable part of human life. According to Central Pollution Control Board- 1,43,449 tonnes prepay of Municipal Solid Waste has been generated. This is a matter of concern because only 80% of it can be managed.

Solid Waste Management Rules (SWM), 2016 

(a) Application

These Rules shall apply to every urban local body, outgrowths in urban agglomerations, census
towns as declared by the Registrar General and Census Commissioner of India, notified areas, notified industrial townships, areas under the control of Indian Railways, airports, airbases, Ports and harbours, defence establishments, special economic zones, State and Central government organisations, places of pilgrims, religious and historical importance as may be notified by respective State government from time to time and to every domestic, institutional, commercial and any other non residential solid waste generator.

(b) Definition of Solid Waste

Rule 3(46) defines solid waste to mean and include-

Solid or semi-solid domestic waste, sanitary waste, commercial waste, institutional waste, catering and market waste and other non-residential wastes, street sweepings, silt removed or
collected from the surface drains, horticulture waste, agriculture and dairy waste, treated bio-medical waste excluding industrial waste, bio-medical waste and e-waste, battery waste, radio-active waste generated in the area under the local authorities and other entities mentioned in rule 2.

(c) Waste Segregation

Rule 4 of Solid Waste Management Rules focuses on liabilities and requirements of waste generator i.e. –

  1.  Every waste should be segregated. Generally, these wastes are divided into three streams i.e. –
  • biodegradable,
  • Dry/ non-biodegradable (Plastic, Paper, metal, Wood, etc.) and
  • domestic hazardous waste (diapers, napkins, mosquito repellants, cleaning agents etc.)

They should be put into three different bins.

2. No waste generator shall throw, burn the solid waste generated by him in any public place and in water bodies.

3. All waste generator shall pay the user fee for solid waste management.

4. It also includes street vendors, event organisers, all the gated communities and institutions, hotels and restaurants and they have to strictly adhere to the rules and regulations of SWM.

(d) Duty of Central Monitoring Committee for over all monitoring the implementation of these Rules

A Central Monitoring Committee under the Chairmanship of Secretary, Ministry of Environment, Forest and Climate Change shall be responsible for overall monitoring the implementation of these rules in the country under Rule 5.

(e) Duties of various Ministeries under Rules 6-10

Various Ministries (Ministry of Urban Development; Department of Fertilisers, Ministry of Chemicals and Fertilisers; Ministry of Agriculture; Ministry of Power; Ministry of New and Renewable Energy Sources) have been assigned duties.

This post has been contributed by Saransh Vijay, a penultimate techno legal student at School of Law, UPES University.

Image from here

L&P Editorial Team

The Law & Practice Blog's editorial team.

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