The MSW 2015, draft rules, is definitely an improvement over the previously withdrawn rules of 2013. It is commendable that the new Rules recognizes the need for collection of segregated waste of three types, has identified Institutional generators, reinforces the need for decentralization and has recommended the inclusion of the new informal waste economy.
The defining of specific time lines for implementation by the Prescribed Authorities is a welcome move. However the complete absence of goal setting framework and guidelines and accompanying penal provisions and regulatory framework to check non compliance, non adherence is glaring omission. The following are comments/responses to the above mentioned Draft Solid Waste Management rules by Solid Waste Management Round Table and Hasiru Dala Bangalore.
The main observations are mentioned below:
- While not explicitly stated, the rules must recognize the need to enforce waste hierarchy and uphold minimum standards at each level of the hierarchy
- Set recycling standards and ensure that municipalities play an important role in facilitating Extended Producers Responsibility
- Recognize Bulk generators (Residential and Non residential) which are identified by the quantum of waste that they generate as different from the Institutional generators (non residential only) and organizational type of generators.
- Relook at defining the collection streams to include wet/organic- which is predominantly kitchen waste, dry waste which includes recyclable and non-commercial (non recyclable) dry waste and sanitary waste including hazardous waste. It is important to separate the sanitary from dry waste.
- Remove the use of the word combustible waste, which is not a good enough differentiator, as all dry waste is combustible but is not desirable. Dry waste should be differentiated as either recyclable or non recyclable only.
- Recognize the need for separate collection of household e-waste
- Re-look at tipping fee and viability gap funding in the context of decentralizing, putting in practice principles of waste hierarchy.
- Redefine with more detail and clarity the Waste collection and Storage defining Bin System standards with standardized Colour coding for waste streams; Norms for storage in Apartments , commercial complexes and Handover of waste
- Recognize the individual waste types as independent waste streams and Replace the use of the generic word SOLID WASTE with individual waste types to recognize the differences in their handling and processing. Ensure the data collection and measure of individual waste types and not of the umbrella term SOLID WASTE in all Reporting Formats.
- Strengthen the implementation of the Rules with not just defining of time frames for implementation but also goal setting defining targets to be achieved and penal provisions for failure to implement or reach the required targets .
Specific Comments
| Terms and their definitions | Suggestions | |
| 3 xiv | “disposal” | “Disposal” must mean the final disposal of post processing residual municipal solid waste in terms of the specified measures to prevent contamination of ground-water, surface water, ambient air quality and source of bird attraction.The Rules cannot allow final disposal of Municipal solid waste under any circumstances, unless it is verified that it is post processing Residual Municipal Solid Waste |
| 3. xvi | “dry waste” means waste other than food waste and inert and includes recyclable waste, non recyclable waste, combustible waste and sanitary waste | “Dry waste” means non biodegradable waste other than hazardous waste and inert and includes recyclable waste and non-recyclable waste. It should not include sanitary waste.We also firmly demand that the rules mustremove the word combustible waste as otherwise it means any waste that can be burnt,(which includes newspapers, magazines, books, clothes, shoes, trimmings from lawns, trees, shrubs and flower gardens, pasteboard boxes, rags, paper, straw, sawdust, packing material shavings, wooden boxes and objects and all rubbish and refuse that will incinerate)
And if the Ministry is emphasizing on is on recycling, the document must clearly define combustible waste. We propose that combustible waste are limited those waste that cannot be recycled currently and CPCB must ensure through EPR impose guidelines on developing recycling technologies. Packaging material like thermocal should be completely phased and be replaced by honey comb paper packaging. |
| 3 xviii | “facility” means any establishment wherein the solid waste management processes namely segregation, recovery, storage, collection, recycling, processing, treatment or safe disposal are carried out; | “facility” means any establishment wherein the solid waste management processes namely secondary segregation, recovery, storage, collection, recycling, processing, treatment or safe disposal are carried out; |
| 3 xx | “handling” includes all activities relating to sorting, segregation, material recovery, collection, secondary storage, shredding, baling, crushing, loading, unloading, transportation, processing and disposal of solid wastes; | “handling” includes all activities relating to sorting, secondary segregation, material recovery, collection, secondary storage, shredding, baling, crushing, loading, unloading, transportation, processing and disposal of solid wastes; |
| 3. xxvii | “institutional generator” means and includes occupier of the institutional buildings such as building occupied by central government departments, state governments departments, public or private sector companies, hospitals, schools, colleges, universities, or other places of education, organization, academy, hostels and restaurants | It should also include places of worship, malls, markets, stadiums and sports complexes. |
| 3 xxv | “materials recovery facility (MRF)”means a facility where non-compostable solid waste can be temporarily stored by the urban local body or any person authorised by the urban local body to facilitate segregation, sorting and recovery of various components of waste by informal sector of waste pickers or any other work force engaged for the purpose before the waste is delivered or taken up for its processing or disposal; | “materials recovery facility (MRF)”/ “Dry Waste Collection Centers” means a facility where non-compostable solid waste can be temporarily stored by the urban local body or any person authorised by the urban local body to facilitate secondary segregation, sorting and recovery of various components of waste by informal waste economy of waste pickers or any other work force engaged for the purpose before the waste is delivered or taken up for its processing or disposal; |
| 3xxix | “primary collection” means collecting, lifting and removal of segregated solid waste from source of its generation including households, shops, offices and any other non-residential premises or from any collection points or any other location specified by the urban local body; | Slums and informal settlements should be explicitly mentioned in the document. |
| 3 xxxix | “Secondary storage” means the temporary containment of solid waste at a public place in a covered bin or container in a manner so as to prevent littering, vectors, stray animals and odour. | Secondary storage means temporary containment of solid waste , limited to storage of street sweeping inerts only , at public places in a covered bin or container in a manner so as to prevent littering, vectors, stray animals and odour should be as much as possible be avoided |
| 3xl | “segregation” means sorting and separate storage of various components of solid waste namely biodegradable wastes or wet waste, non biodegradable wastes or dry waste-including recyclable waste, combustible waste sanitary waste and non recyclable inert waste, domestic hazardous wastes, e-waste and construction and demolition wastes; | “Segregation at source” means physical sorting of the waste at the point of generation, by the waste generator, into the required municipal solid waste types. Secondary segregation means grading and sorting an aggregated waste type, further into more categories, done at the collection points, facilities or at any other location.The Rules must recognize segregation at source done by the waste generator, as different from the secondary segregation done later.Any separation done other than the waste generator cannot be considered as segregation, much less segregation at source. |
| “tipping fee” means a fee or support price determined by the urban local body or any state agency authorized by the state government to be paid to the concessionaire or operator for handling one or more components of solid waste | It is well evidenced that tipping fee has provided incentives to contractors to collect un-segregated waste, as cost per ton, yardstick developed by the municipalities was one-dimensional.It is appropriate for the municipality to re-define “tipping fee”, based on variable and fixed costs, in a ratio that incentives lower waste disposal tonnage to the landfill.The fixed cost could include deprecation, back-end costs, and other outlays. | |
| Waste generatormeans and includes every person or group of persons or residential and commercial establishments including Indian Railways and Defense cantonments which generate solid waste; | The waste generator should be defined as “any person, by site, whose act or process produces MSW waste, This definition contains three important terms – The first term, “by site,” refers to where the waste is generated; The definition of “person” encompasses any entity involved with a process that generates waste; The third key component of the generator definition is the “act or process.” Include informal settlements, slums, malls, places of worship, forest department. ‘Forest Department’, as at many places including forest reserves, national parks etc. etc. forest department through tightened enforcement of ‘plastic ban’ norm requests the entrants to remove plastic material like pet drinking water bottles, chips and biscuits packets at the entrance, further the department is also engaged in removal of plastic waste in the forest areas and this makes Forest Department an important waste generator in addition to Indian Railways and Defense Cantonment. |
Definitions that need to be included in the rules:
| Term | Definition | Rationale | |
| a | “Collection centres”Not defined | “Collection centres” means a take back buy back or drop off centre for a particular municipal solid waste type, which can either undergo secondary segregation, baling or stored for trading, processing or disposal. | Collection Centres for various types of waste like Dry waste collection Centres, Sanitary waste collection Centres have been set up by some ULBs and are a necessary part of managing Municipal Solid Waste in a decentralized manner. |
| Multi Dwelling generator | Multi Dwelling generator means any residential multi household unit be it an Apartment , apartment comples, gated community, residential campus or whatever name called | The Rules must recognize in the Residential segment a grouping of households as compared to a single household unit. | |
| b | Bulk generators | Commercial Bulk Generator means any hotel/ restaurant, factory, choultry, mall, shopping complex, marriage hall. Convention hall, place of worship, institution, office establishment, railway station, bus stand or any other commercial or public entity which accumulates MSW of a quantity not less than 10 kilograms per day.Domestic Bulk Generator means any apartment consisting of more than 50 residential units/ flats and includes any residential complex having more that 50 residential units by whatever name called. | The Rules must define and recognize the bulk generator in addition giving recognition and scope for implementing the principle of ‘Polluters pay’ by the Municipality. The given terms can also be brought under the category of institutional generators and categorized explicitly. |
| c | Zero waste | Designing and managing products and processes to systematically avoid and eliminate the volume and toxicity of waste and materials, conserve and recover all resources, and not burn or bury them. | It is most desirable to protect environment and economically sustainable. |
| d | Waste hierarchy | CAG of India articulates the general principles of the waste hierarchy as prevention, minimization, reuse, recycling, energy recovery and disposal with prevention being the most favoured and treatment and disposal being the least favoured option. | This most cost effective way to manage waste , since more that 50% municipal budget is spent on solid waste management , it is essential use this method for cost effectiveness |
| e | Residual Municipal Solid waste | means non-reactive, non-liquid, residual waste post treatment which is not recyclable, compostable | |
| f | “municipal solid waste type” Not defined | “municipal solid waste type” means a broad category of municipal solid waste based on a set of composition characteristics like biodegradable/ organic, non-biodegradable( recyclable, non-recyclable),noncommercial ,bio medical waste , horticulture/garden waste, non-industrial hazardous waste, construction and debris waste | The Rules must define and therefore necessitate at the very minimum six types of MSW types based on composition characteristics and state the need management segregation, collection , processing , land filling criteria for each of the individual Municipal solid waste types |
| Definitions from the National Policy for Ensuring Decent Livelihoods in the Recycling Industry – Draft- August 2008, prepared by Alliance of Indian Wastepickers- a national network of organizations working for occupational and livelihood security of informal waste workers which is worth using for other actors in Solid Waste Management Systems. | |||
| a | Informal recycling industry | refers to the recycling pyramid in which the bottom most layer consists of waste collectors, the second layer of itinerant buyers and small scrap traders, the third layer of large scrap traders and the fourth or the top most layer being the recyclers/reprocessors. | |
| b | Itinerant buyers | Itinerant buyers are those who purchase small quantities of scrap from households, offices, shops and other small commercial establishments | |
| c | Scrap traders | Scrap traders include retail and wholesale traders who buy directly from the waste collectors and itinerant buyers and resell to processors and reprocessors | |
| d | Processors/Reprocessors and Recyclers | Reprocessors/processors and recyclers are largely located both in the formal and informal sector and use scrap as their raw material. They range from small scale enterprises to medium size labour intensive industries to automated multinational factories in the case of paper and glass. All enterprises need capital investment and utilize power for their operations. | |
| e | ‘integrated sustainable solid waste management’ | Refers to the integration of the informal sector into the process of solid waste management, keeping in mind the larger goals of an environmentally sustainable and decentralized waste management system. | |
| f | persons engaged in the recycling industry | includes all persons engaged as waste collectors, outsourced or contracted municipal waste collectors, itinerant buyers, scrap traders and those employed in the trade, processing and reprocessing industry. | |
Chapter 1
Management of Solid Waste excluding Construction and Demolition waste
| Defined | Recommendations | |
| 4 1. a | Duties of waste generatorssegregate and store the waste generated by them in three separate streams namely bio-degradable or wet waste, non bio-degradable or dry waste and domestic hazardous wastes in suitable bins and handover segregated wastes to waste collectors as per the direction by the urban local body from time to time; | Waste generators shall segregate the waste in three separate streams, namely – wet waste or biodegradable Waste, dry or non biodegradable Waste, sanitary waste (which includes domestic hazardous waste). In addition waste generators shall store separately e-waste n his premises and hand over the same to the Collectors as may be prescribed by urban local body from time to time |
| Not defined | Waste generators shall store and handover the biodegradable waste in a domestic bin without the use of plastic bags, covers or other non biodegradable lining , bags or covers . | |
| Wrap securely the used sanitary waste as and when generated in a newspaper or suitable biodegradable wrapping material and place the same in the domestic bin meant for non bio-degradable waste or dry waste | Wrap securely the used sanitary waste as and when generated in a newspaper or suitable biodegradable wrapping material and place the same in the domestic bin meant for sanitary waste (including hazardous waste) | |
| 4.4 | No person shall organise an event or gathering likely to generate solid waste at unlicensed place without intimating the urban local body at least three working days in advance and such person or the organizer of such event shall arrange for segregation of waste at source and ensure handing over of segregated waste to the placed designated by urban local body or to waste collection agency authorised by the urban local body. | It is important to recognize the need for zero waste weddings, events, and celebration of festivals in this section. |
| Not Defined | Every Multi Dwelling generator shall be aggregated store at a centralized place on his premises such waste generated by them, segregated at source, in three separate streams namely wet waste or bio-degradable , dry waste or non bio-degradable, sanitary waste (which includes domestic Hazardous waste). In addition Garden waste and E-waste shall also be collected and stored separately. | |
| 4.5 | Every institutional generators of solid waste shall segregate and store the waste generated by them in three separate streams namely bio-degradable or wet waste, non bio-degradable or dry waste and domestic hazardous wastes in suitable bins and handover segregated wastes to authorised waste processing or disposal facilities or deposition centers either at its own or through the authorised waste collection agency. | Every institutional generator of solid waste shall aggregate and store at a centralized place on his premises, such waste generated by them, segregated at source in three separate streams namelyThe three categories needs to be re-grouped as under:
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| 7. | Duties of the Ministry of Environment and Forest and Climate Change | The duties specify monitoring and enforcement of the provision of the rules. The rules lay down process and time lines for implementation but not the required outcomes. Goal setting in terms of required service level benchmarks and key performance indicators have not been identified or recognized by the Rules.Also the Rules lay down no penal provisions for non compliance or non adherence.The monitoring and enforcement would be incomplete, under the present scope of the Rules, without the above. |
| 9 e | Duties of the Secretary–in-charge, State Urban Development Department.ensure identification and allocation of suitable land to the urban local bodies within one year for setting up of processing and disposal facilities for solid wastes and incorporate them in the master plans (land use plan) of the state/cities through Metropolitan and district planning committees or town and country planning department | In addition to the given responsibilities identify and allocate land for dry waste collection centers and organic waste processing facilities at ward level for decentralized waste management. |
| 9 f | direct the town planning department of the state and urban local bodies to ensure that a separate space for segregation, storage and decentralized processing of Solid Waste is demarcated in the development plan for group housing or commercial, institutional or any other non-residential complex exceeding 200 dwelling or having a plot area more than 10,000 square meter; | Instead of 200 dwellings we recommend 50 multi dwelling complexes. |
| Not defined | Evaluate the budget allocations and funding requirements overall for implementing the requirement as envisaged in the State Policy.Evaluate the budget allocation and funding requirements of each ULB and ensure that the gap is bridged with support from the State / Central Government. | |
| Not Defined | b) shall lay emphasis and set out strategies and goals for waste reduction, reuse, recycling, recovery and optimum utilization of various components of solid waste to ensure minimization of waste going to Landfill and minimse impact of solid waste on human health and environment in the State Policy and waste management strategy | |
| 13 | Duties and Responsibilities of urban local bodiesd) direct waste generators not to litter, to segregate the waste at source as presecribed under these Rules and hand over the segregated waste to the collectorl) transport non biodegradable ( dry waste) including wrapped sanitary waste to the respective processing facility or material recovery facility ( MRF) or secondary storage facilityq) provide easy access to waste pickers and recyclers for collection of segregated recyclable waste such as paper plastic metal glass textiles from the source of generation or from material recovery facility | d) Mandate that, waste generators do not litter, mandate that they segregated the waste at source as prescribed under these Rules and hand over the segregated waste to the Collectorl) Transport non biodegradable (dry waste) to the secondary storage facility or dry waste collection centreTransport the sanitary waste to the Secondary storage facility or Sanitary waste collection centre
q) Provide easy access to waste pickers and recyclers for collection of segregated recyclable waste such as paper, plastic metal, glass, textiles from the source of generation or allot the dry waste collection centers to the waste pickers for sorting, storing and aggregating of waste. Additional Suggestions: Maximize the infrastructure development for Dry waste collection centers, Sanitary waste collection centers, secondary storage such that the transportation distance is minimized, develop processing infrastructure of bio degradable waste at ward level, constituency level zone level and ULB level so as to reduce the transportation distance and costs 1) Ensure timely payment is made to Collection agencies and by them in turn to the workers, such that the work of collection from door to door is carried out in an efficient and uninterrupted manner. 2) Provisioning of identity cards to wastepickers, scrap dealers, itinerant buyers and others in recycling industry to recognize their due in waste management. 3) Enforce Extended Producer’s Responsibility as to be covered under Plastic Waste & E – Waste Rules, 2015. 4) In addition to the given responsibilities identify and allocate land for dry waste collection centers and organic waste processing facilities at ward level for decentralized waste management. 5) Ensure that sanitary workers on contract and those who are regularized should have regular medical checkup facility, necessary safety gear to operate and salaries are paid on time. We believe that if workers are paid well and provided all social and health security measures- they tend to perform more efficiently. |
| 11 zd | prior to the approval of building plan of a group housing society or market complex, ensure that the plan has provisions for setting up of waste collection centers for segregated collection and storage of wastes; | Add universities and schools, malls, marriage halls, stadiums, sports complexes and places of worship. |
- Management of solid waste
| 1 | Storage of segregated solid waste at source wrapping securely sanitary napkins/pads, tampons, infant and adult diapers, condoms, and menstrual cups before putting in domestic bin meant for non bio-degradable waste; | Sanitary waste must be stored separately and not mixed with dry waste or non-biodegradable wasteAdditional suggestion: In the case of multi dwelling generators and institutional generators, waste segregated at source in the three waste streams, needs to be aggregated and stored at a centralized place for storage and handing over to the Collector. The Storage should be segregated and ready for the Collector to spend the minimal time and removing and clearing the bins.The centralized storage shall mandatorily provide on the ground floor near the entrance or exit of the premises from where the Collection of waste can take place. |
| 2 | Collection of solid wastes (3) large institutional premises, residential complexes shall be motivated and incentivized to process bio-degradable waste within their campus to the extent it is feasible to do so; | It is important that places of worship, malls and marriage halls are added |
| 4 | Secondary Storage (1) segregated solid waste collected from the door step as per 2 above shall, as far as practicable, be transported directly to respective wasteprocessing facility having facility of sorting and recovery of recyclable waste and in absence of such arrangement, the waste collected from the doorstep shall be taken to waste storage depots for secondary storage of waste;
(2) waste depots shall have covered containers for separate storage of bio-degradable or wet waste and non bio-degradable or dry waste collected from the doorstep; |
Segregated Solid waste collected from door step without fail be transported directly to respective processing facility, having facility of sorting and recovery of recyclable waste. At no point shall waste collected from doorstep be taken to waste storage depotsOnly street sweeping inerts shall be permitted to be stored in waste storage depots for secondary storage of waste.(2) Waste depots shall only such street sweeping inert waste to be stored in covered containers.Secondary storage for door step collection must be renamed as Secondary sorting sheds or Dry waste collection centers for Dry waste and Sanitary waste collection centers for Sanitary waste. |
| 5 | Material recovery facilities The urban local body shall designate temporary storage spaces and setup material recovery facility where non bio-degradable or recyclable solid waste collected from the doorstep shall be temporarily stored by the urban local body or operator of the facility before solid waste processing or disposal is taken up in order to facilitate segregation, sorting and recovery of various components of recyclable waste by informal sector of waste pickers or any other staff or agency engaged by the urban local body for the purpose and such sorting facilities shall be so designed that the solid waste stored is not exposed to open atmosphere and shall be user-friendly. | Recommended that first priority of access be given to waste pickers, rather than employees or staff of agency employed |
| 7 | Processing of solid wastes (e) arrangement shall be made to provide segregated recyclable material to the recycling industry through waste pickers or any other agency engaged or authorised by the urban local body for the purpose; | Need it to read waste-pickers or relevant organizations and institutions working with waste pickers. |
| 18 | Criteria for waste to energy process | Clear standards for waste to energy and to be in line with the ones accepted at international level particularly those of European Union Level and an additional schedule like “Standards for Treated Schedule” should be created for what all material can go in waste to energy plants. This needs to be explicitly written so that no recyclable enters incineration units. |
Drafted by:
Kabir Arora, Coordinator, Hasiru Dala; Nalini Shekar, Executive Director, Hasiru Dala; Pinky Chandran, Trustee, Hasiru Dala; Sandya Narayanan, Member, Solid Waste Management Round Table, Ramakant, Member, Solid Waste Management Round Table, Myriam Shankar, Member, Solid Waste Management Round Table.
Email: kabir.postbox@gmail.com, nalini.hasirudala@gmail.com
Address: Hasiru Dala C/O Radio Active, #1/1-1, Atria Towers, Palace road, Bengaluru-560001
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