Implications of Solid Waste Management Rules, 2016

Solid waste is an inevitable part of human life. According to Central Pollution Control Board (CPCB), 1,43,449 tonnes per day (TPD) of MSW was generated in India during 2014–2015, with an average waste of 0.11 (kg)/capita/day. This is a matter of concern as only 80% out of this waste is managed. Industries, hotels, hospitals, commercial buildings and institutions have a significant contribution to this. The factual data mostly differs from regular data submitted during consent and environmental clearance application. However, except food waste, all other solid wastes are better managed by all the above business. 

With growing emphasis of Swachh Bharat and motivational advertisement by the Government of India by using widely adored Bollywood actor Shri Amitabh Bachchan - many group housing societies, industries, hotels, hospitals, commercial buildings and institutions have started composting of bio-degradable wastes. It would be noteworthy to cite here that such composting has been a condition of Environmental Clearance accorded by Ministry of Environment, Forests and Climate Change (MoEF&CC) and State Level Environment Impact Assessment Authority (SEIAA). And there is a tremendous scope still remains in the area for composting of bio-degradable wastes. 

However,  this blog is focused on the liabilities and requirements of waste generators as specified under section 4 of the Solid Waste Management Rules, 2016. 

1. Every waste generator shall,- (a) segregate and store the waste generated by them in three separate streams namely bio-degradable, non biodegradable and domestic hazardous wastes in suitable bins and handover segregated wastes to authorised waste pickers (Authorization duty in the scope of the Secretary–in-charge, Urban Development in the States and Union territories) or waste collectors as per the direction or notification by the local authorities from time to time; (b) wrap securely the used sanitary waste like diapers, sanitary pads etc., in the pouches provided by the manufacturers or brand owners of these products or in a suitable wrapping material as instructed by the local authorities and shall place the same in the bin meant for dry waste or non- bio-degradable waste; (c) store separately construction and demolition waste, as and when generated, in his own premises and shall dispose off as per the Construction and Demolition Waste Management Rules, 2016; and (d) store horticulture waste and garden waste generated from his premises separately in his own premises and dispose of as per the directions of the local body from time to time.

2. No waste generator shall 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.

3. All waste generators shall pay such user fee for solid waste management, as specified in the bye-laws of the local bodies.

4. No person shall organise an event or gathering of more than one hundred persons at any unlicensed place without intimating the local body, at least three working days in advance and such person or the organiser of such event shall ensure segregation of waste at source and handing over of segregated waste to waste collector or agency as specified by the local body.

5. Every street vendor shall 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 shall deposit such waste at waste storage depot or container or vehicle as notified by the local body.

6. All resident welfare and market associations shall, within one year from the date of notification of these rules and in partnership with the local body ensure segregation of waste at source by the generators as prescribed in these rules, facilitate collection of segregated waste in separate streams, handover recyclable material to either the authorised waste pickers or the authorised recyclers. The bio-degradable waste shall 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 body. 

7. All gated communities and institutions with more than 5,000 sqm area shall, within one year from the date of notification (that is 8th April 2016) of these rules and in partnership with the local body, ensure segregation of waste at source by the generators as prescribed in these rules, facilitate collection of segregated waste in separate streams, handover recyclable material to either the authorised waste pickers or the authorized recyclers. The bio-degradable waste shall 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 body. 

8. All hotels and restaurants shall, within one year from the date of notification of these rules and in partnership with the local body ensure segregation of waste at source as prescribed in these rules, facilitate the collection of segregated waste in separate streams, handover recyclable material to either the authorised waste pickers or the authorised recyclers. The bio-degradable waste shall 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 body.

Additionally, those who are preparing compost need to comply with the provisions mentioned under the Schedule II of the Rule. In order to ensure safe application of compost, please visit link

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Industries, hotels, hospitals, commercial buildings and institutions; those who are using biodegradable sludge generated from STP/ETP as manure in greenbelt; should look into the above regulatory requirement.

Your valuable feedback sincerely welcome.

The author can also be reached at sanjayakmishra@gmail.com