The Bruhat Bengaluru Mahanagara Palike Solid Waste Management (BBMP-SWM) Bye-laws, 2019.

BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) No: Addl.Comm/SWM/PR/G/9266/2019-20 Date:20-04-2020 SOLID WASTE MANAGEMENT BYE-LAWS (March 2020) BRUHAT BENGALURU MAHANAGARA PALIKE In exercise of the powers conferred by Sections 423, 424, 426, 431-A, 431-B of the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) read with clause (e), (f) and (zf) of Rule 15 of the Solid Waste Management Rules (SWM),2016; Bruhat Bengaluru MahanagaraPalike (BBMP), hereby makes the following bye-laws for management of Solid Waste.

CHAPTER I GENERAL

1. Short title and commencement: -(1) These bye-laws may be called the Bruhat BengaluruMahanagaraPalike Solid Waste Management (BBMP-SWM) Bye-laws, 2019.

(2) They shall come into force upon approval by the elected Council of Bruhat Bengaluru MahanagaraPalike and with effect from the date of its publication in the Official Gazette by the State Govt.

2. Extent of application: - (1) These Bye-laws shall be applicable within the territorial jurisdiction of Bruhat Bengaluru MahangaraPalike established under the provisions of the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) or in which these bye-Laws as deemed to have come into force under sub-section (1) of section 423 of the Act.

(2) These Bye-laws shall be applicable to any Solid Waste that is collected, transported, processed and disposed outside the jurisdiction of BBMP as long as such Solid Waste originated within the jurisdictional limits.

Similarly, the Bye-laws shall be applicable to any waste originating from outside BBMP’s jurisdiction but being disposed within.

(3) These Bye-laws shall be read along with the bye-laws/ guidelines/ directionsissued by BBMP for management of Plastic Waste, Construction and Demolition Waste, Biomedical Waste and E-Waste, from time to time under respective Rules.

3. Definitions: - (1)In these Bye-laws and the Schedule attached thereto, the words and expressions used but not defined shall have the meanings respectively assigned to them in the Bruhat Bengaluru MahanagaraPalike, unless the context otherwise requires,-

3.1 “Aerobic composting” means a controlled process involving microbiological decomposition of organic matter in the presence of oxygen;

3.2 “Anaerobic digestion” means a controlled process involving microbial decomposition of organic matter in the absence of oxygen.

3.3“Authorization” means the permission given by the Karnataka State Pollution Control Board (KSPCB), to the operator of a facility or urban local authority, or any other agency responsible for processing and disposal of solid waste.

3.4“Authorised Waste Processor” means any entity authorised by BBMP and/or Karntaka State Pollution Control Board for processing of Solid Waste under Rule 16(1)(e) of SWM Rules, 2016 and issued such Authorisation under Form-II of the Rules;

3.5“Biodegradable waste" means any organic material that can be degraded by micro-organisms into simpler stable compounds;

3.6 "Bio-methanation"means a process which entails enzymatic decomposition of the organic matter by microbial action to produce methane rich biogas;

3.7 “Bio-medical Waste” means any waste, which is generated

(i) during the diagnosis, treatment or immunization of human beings or animals or in research activities pertaining thereto; or

(ii) in the production or testing of preparation(s) made from organisms or micro-organisms or product of metabolism and biochemical reactions intended for use in the diagnosis, immunisation or the treatment of human beings or animals or in research activities pertaining thereto; or

(iii) in health camps;

an illustrative list as specified in Part D of Schedule I.

3.8 “Block” means a unit of the Ward which contains approximately seven hundred and fifty (750) households and small shops and commercial establishments, streets and roads connecting these households and establishments, which may however be reviewed and revised by BBMP from time to time based on per capita generation of Solid Waste and other local conditions, to plan for and execute effective waste collection, transportation and processing.

3.9“Brand owner” means a person or company who sells any commodity under a registered brand label.

3.10“Bulk waste generator” means

(1) Residential Bulk Waste Generators and this includes Apartments, Multi dwelling units, gated communities housing greater than 100 Units

(2) Institutional Bulk Waste Generators-Includes any Government Institution, religious Institution, Campus(Corporate, Industrial, Academic, Research institution with or without residential campus attached, Conclaves, Tech Parks),buildings occupied by the Central government departments or undertakings, State government departments or undertakings, local bodies, public sector undertakings or private companies, hospitals, nursing homes, schools, colleges, universities, other educational institutions, hostels, hotels, commercial establishments, markets, places of worship, stadia, sports and complexes, Natural markets selling agricultural produce, APMC yards, HOPCOMS, and milk sales, Outlets dealing with timber and horticulture like yards, Nursery, Gardens, which generates on an average more than 100 kgs of waste per day and/or located in an area above 5000 sq mts;

and/or any entity which carries out Public Outdoor Events (Trade Fairs, Public Events, Entertainment events- shows, rallies, sporting events), irrespective of any quantity of waste generated and area occupied.

(3) Commercial Bulk Waste Generators-All Commercial entities which generates on an average more than 100 kgs of waste per day and/or located in and area above 5000 sq mts. This includes:

(a)Any Commercial Entity to which a Trade Licence is applicable like Company or office establishment, Hotel, Restaurant, Factory, Choultry, Mall, Shopping Complex, Super Market, Marriage Hall, Convention Hall, Place of worship, Institution, Paying Guest dwelling, Club, Caterers, Auditorium, Petrol Bunks, Service Garage, Fireworks Sales, Sale of Construction materials, Barber shops or Salons, or any other Commercial or Public entity, who is required to be compliant with the Trade Licence requirements or are under any other regulatory authority.

(b)Any Petty Food Business operator which includes Bakeries- Confectioners, Juice and Lassi shops, Ice cream parlours, Fast foodchaats, Tea and coffee, Meals and snacks, Poultry and Tender coconut and other entities like Temples, Itinerant vendors, Petty retailers, street vendors, Hawkers or temporary stall holders, Flower Bouquet stalls & small scale cottage industry;

However, BBMP reserves the right to modify the threshold of waste generation for being declared as bulk waste generator and also include other types of waste generators as bulk waste generators at a later point of time and also the manner of collection / processing of bulk waste, as notified through an official order;

3.11“Bulky Waste” shall consist of Solid Waste generated by commercial and residential Premises which, by virtue of its mass, shape, size or quantity is, in the opinion of BBMP and/or for collection of waste, inconvenient to be accommodated in the daily Door to Door Collection system provided by BBMP.

3.12"Bye-laws" means the regulatory framework notified by local body, census town and notified area townships for facilitating the implementation of these rules effectively in their jurisdiction.

3.13“C and D Rules” means the Construction and Demolition Waste Management Rules, 2016 including notifications, orders and directions issued by BBMP and/or appropriate governmental authority pursuant to these Rules;

3.14“Construction and Demolition Waste” shall have the same meaning as assigned under clause (c) of sub-rule (1) of rule 3 of Construction and Demolition Waste Management Rules, 2016;

3.15 “CPCB” means the Central Pollution Control Board;

3.16“Combustible waste” means non-biodegradable, non-recyclable, non-reusable, non-hazardous solid waste having minimum calorific value exceeding 1500 kcal/kg;

3.17 "Composting" means a controlled process involving microbial decomposition of organic matter;

3.18“Co-processing” means use of non-biodegradable and non recyclable solid waste having calorific value exceeding 1500kcal/kg as raw material or as a source of energy or both to replace or supplement the natural mineral resources and fossil fuels in industrial processes;

3.19“Decentralized processing” means establishment of dispersed local facilities for maximizing the processing of biodegradable waste and recovery of recyclables closest to the source of generation so as to minimize transportation of waste for processing or disposal;

3.20"Disposal" means the final and safe disposal of post processed residual solid waste and inert street sweepings and silt from surface drains on land as specified in Schedule I of SWM Rules, 2016 to prevent contamination of ground water, surface water, ambient air and attraction of animals or birds;

3.21“Domestic hazardous waste” means that waste generated at the household level which includes discarded paint drums, pesticide cans, CFL bulbs, tube lights, expired medicines, broken mercury thermometers, used batteries, used needles and syringes and contaminated gauze, etc;

3.22"Door to door collection" means collection of solid waste from the door step of Residential, Commercial and Institutional generators who are not Bulk Waste Generators and shall include households, shops,commercial establishments, offices, institutional or any other non residential premises and includes collectionof such waste from entry gate or a designated location on the ground floor in a housing society, multi storiedbuilding or apartments, large residential, commercial or institutional complex or premises;

3.23“Dry waste” means waste other than bio-degradable waste and inert street sweepings and includes recyclable and non-recyclable waste, combustible waste, etc;An illustrative list as specified in Part B of Schedule I;

3.24“Dry Waste Collection Centre or DWCC” means a decentralised waste management facility to aggregate, store, sort and handle Non- Biodegradable Wastethat is managed by BBMPthrough Resource organisations operated bywaste pickers/ informal waste collectors/ Self Help Groups related to waste picking in line with Rule 15(c) and (d) of SWM Rules, 2016. The Resource Organisation would be an initial intermediary supporting layer whose ultimate aim would be to empower waste pickers in the medium run to manage the centres independently and become social entrepreneurs;

3.25“Dumpsites” means a land utilized by local body for disposal of solid waste without following the principles of sanitary landfilling;

3.26“Event” means any gatherings for the purpose of functions, festivals, celebrations, meetings, rallies, processions, open air theatre activities, cinema shootings in public places;

3.27“Extended producer responsibility” (EPR) means responsibility of any producer of packaging products such as plastic, tin, glass and corrugated boxes, etc., for environmentally sound management, till end-of-life of the packaging products;

3.28"E-waste" shall have the same meaning as assigned under clause (r) of sub-rule (1) of rule 3 of the E-Waste (Management) Rules, 2016;

3.29 “Facility” means any establishment wherein the solid waste management processes namely segregation, recovery, storage, collection, recycling, processing, treatment or safe disposal of solid waste are carried out;

3.30“Familiarization/warning period” means that specific period, during which there is a relaxation in the fines for contravention of these byelaws, issued specifically through a notification;

3.31 "Fine"means penalty imposed on waste generators or operators of waste processing and disposal facilities including Notified Service Providers, Authorised Waste Processors or Waste Collectors, andon SWM Officials responsible for collection, transportation, processing and disposal operations under the bye-laws for non-compliance of the directions contained in these rules and/or bye-laws

3.32 “Garden and Horticulture waste”includes bulk waste from public areas such as parks, gardens, traffic islands, road medians and similar places including grass and wood clippings, weeds, woody ‘brown’ carbon-rich material such as pruning, branches, twigs, wood chipping, straw or dead leaves and tree trimmings.

3.33“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;

3.34 “Hazardous waste” means any waste which by reason of any of its physical, chemical, reactive, toxic nature, causing danger or is likely to cause danger to health or environment, whether alone or when in contact with other wastes or substances and shall include wastes specifically listed in Schedule II, of these Bye-Laws and all other hazardous wastes as defined in the Hazardous Wastes (Management and Handling) Rules, 1989 as amended to date and the Hazardous and other waste (Management and Transboundary Movement) Rules, 2016.

3.35“Incineration” means an engineered process involving burning or combustion of solid waste(Combustible) to thermally degrade waste materials at high temperatures;

3.36“Inerts” means wastes which are not bio-degradable, recyclable or combustible such as street sweeping waste or dust and silt removed from the surface drains or process rejects from processing of waste;

3.37“Informal waste collector” includes individuals, associations or waste traders who are involved in collection, sorting, sale and purchase of recyclable materials;

3.38 “Kiosks Collection”means the system of collection of Solid Waste to which the Waste Generator must bring the collected and segregated Solid Waste for storage at waste receiving kiosks or kasa kiosks for onward delivery in vehicles so provided by BBMP and/or the Notified Service Provider;

3.39 “KSPCB” means the Karnataka State Pollution Control Board;

3.40"Leachate" means the liquid that seeps through solid waste or other medium and has extracts of dissolved or suspended material from it;

3.41“Litter” means all refuse and includes any other waste material which, if thrown or deposited as prohibited under these Bye-Laws, tends to create uncleanliness or a danger or nuisance to public health, safety or welfare.

3.42“Litter Bin” means any segregated waste storage facility set up and maintained by BBMP for the convenience of the Public/ Pedestrians to deposit waste in a segregated manner, in high footfall areas such as commercial areas, markets, tourist places and such other public areas. However, these shall not be construed as secondary storage bins for waste collected from primary collection;

3.43“Littering” means putting/throwing litter in such a location that it falls, descends, blows, is washed, percolates or otherwise escapes or is likely to fall, descend, blow, be washed, percolate or otherwise escape into or onto any public place, or causing, permitting or allowing litter to fall, descend, blow, washed, percolate or otherwise escape into or onto any public place.

3.44 “Market Associations” means a group or association of shop owners or shop keepers, traders, businessmen, dealers, merchants, brokers or other Agency or Service Providers of a particular neighbourhood, market or locality that may or may not be registered with the Registrar of Co-operative Societies;

3.45 “Materials Recovery Facility” (MRF) / Aggregator centre means a facility where non-compostable solid waste is aggregated & secondary & tertiary process are carried out by the BBMP or any person or agency authorised by BBMP to facilitate segregation, sorting and recovery of recyclables from various components of waste by authorised informal sector of waste pickers, informal recyclers or any other work force engaged by the local body for the purpose before the waste is delivered or taken up for its processing or final disposal;

3.46“Marshals” means those employees of the BBMP or others who are appointed by the Commissioner to detect the acts of Public nuisance, etc directly or through non-human technological interventions which also detect acts of Public Nuisance.

3.47“Mustering Location”is a designated spot within a ward to carry out the attendance of waste workers and vehicles. Number of Mustering Locations can be suitably and optimally finalised based on the size of the ward.

3.48 “Neighbourhood” means a clearly defined locality, with reference to its physical layout, character or inhabitants;

3.49 “New construction” means all buildings under construction within the limits of the BBMP;

3.50 “Non-biodegradable waste” means any waste that cannot be degraded by micro organisms into simpler stable compounds;

3.51“Notified Service Provider/Agency” means any person/ any company, registered society, trust, partnership, limited liability partnership and/or any other registered entity including registered organisation of Waste Pickers and/or Waste Traders, SHGs, including bi-lateral agencies identified under any bi-lateral agreements which has been appointed by BBMP for providing services including that of waste collection and transportation to Waste Generators who are not Bulk Waste Generators in a manner that is in compliance with all applicable regulations including labour law;

3.52“Nuisance” includes any act, omission, place or thing which comes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smelling or hearing or which is or may be dangerous to life or injurious to health or property.

3.53 “Occupier” means and includes,- any Person who is paying or is liable to pay to the owner the rent or any part thereof for the land, building(s), room(s) and/or similar premises for occupation or use;

(i) an owner in occupation of, or otherwise using his land, building(s), room(s) and/or similar premises;

(ii) a rent-free tenant of any land, building(s), room(s) and/or similar premises;

(iii) a licensee in occupation of any land, building(s), room(s) and/or similar premises;

(iv) any Person who is liable to pay to the owner damages for the use and occupation of any land, building, room(s) and/or similar premises; and

(v) relevant head of a Government department, in respect of properties under their respective control;

3.54“Operator of a facility” means a person or entity, who owns or operates a facility for handling solid waste which includes the BBMP and any other entity or agency appointed by the BBMP;

3.55 “Owner” means any person who exercises the rights of an owner of any building, or land or part thereof;

3.56 “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 BBMP;

3.57 "Processing" means any scientific process by which segregated solid waste is handled for the purpose of reuse, recycling or transformation into new products;

3.58 “Processing Fee” means a fee or support price as determined by BBMP to be paid to the owner / concessionaire or operator of waste processing facility or for disposal of residual solid waste at the landfill being used, wherever felt necessary;

3.59 “Public place" includes any road, arch road, viaduct, lane, footway, alley or passage, highway, causeway, bridge, square alley or passage whether a thoroughfare or not over which the public have a right of passage, and such places to which the public has access such as parks, gardens, recreation grounds, playgrounds, beaches, water bodies, water courses, public plazas and promenades, government and municipal buildings, public hospitals, markets, slaughter houses, courts, etc.;

3.60 “Public Nuisance” means any act, omission, offence or wrongdoing in any public place which causes or is likely to cause injury, danger, annoyance or offense to the sense of sight, smell, hearing or disturbance to movement, work or rest, or which is or may be dangerous to life or injurious to health or property;

3.61 “Public Street” shall have the same meaning as specified in subsection (31) of Section 2 of the Karnataka Municipal Corporations Act, 1976;

3.62 “Premises” means any land, building or part of a building and includes any gardens and grounds appertaining to a building or part thereof and structures constructed on the land, used for purposes of residence, trade, industry, service, business, government or any other public or private purpose including weddings, banquets, meetings, exhibitions, organized events etc. It also includes any portion of a public road that is permitted by BBMPto be used for the time being for parking of vehicles, street vending, storage of materials at a work site or for any public or private purpose whatsoever other than the movement of vehicles.

3.63 “Receptacle” means any storage container, including bins and bags, used for the storage of any category of solid waste;

3.64 "Recycling" means the process of transforming segregated nonbiodegradable solid waste into new material or product or as raw material for producing new products which may or may not be similar to the original products;

3.65 “Recyclable Waste” means the waste that is commonly found in the solid waste and is also collectively and commonly called“Dry Waste”. These include many kinds of glass, paper, metal, plastic, textiles, electronics goods, etc.

3.66“Refuse” means any waste matter generated out of different activities, processes either Bio-degradable/ Non-biodegradable/ Recyclable in nature in either solid or semi-solid form which cannot be consumed, used or processed by the generator in its existing form.

3.67 "Refuse Derived Fuel"(RDF) means fuel derived from combustible fraction of solid waste like plastic, wood, pulp or organic waste, other than chlorinated materials, in the form of pellets or fluff produced by drying, shredding, dehydrating and compacting of solid waste;

3.68 “Residual Inert Waste” means and includes the waste and rejects from the solid waste processing facilities which are not suitable for recycling or further processing;

3.69 “Resident Welfare Associations” means a group or association of owners or occupiers of residential premises of a particular neighbourhood or locality lying within the jurisdiction of BBMP, that may or may not be registered with the Registrar of Co-operative Societies, and which involves itself in civic issues pertaining to BBMP.

3.70 “Rules”: means Solid Waste Management Rules, 2016

3.71 “Sanitary Landfill” means the facility for final and safe disposal of residual inert waste on land designed with protective measures against pollution of groundwater, surface water and fugitive air dust, wind-blown litter, bad odour, fire hazard, animal menace, bird menace, pests or rodents, greenhouse gas emissions, persistent organic pollutants, slope instability and erosion.

3.72 “Sanitary Waste” means wastes comprising of used diapers, sanitary towels or napkins, menstrual cloth and cups, incontinence sheets, tampons, condoms, ear buds, toilet paper, band aid and any other similar waste.

3.73 “Street Sweeping”meanssweeping of all the streets, footpaths, pavements and cleaning of open roadside drains / mouth of shoulder drains and shall be done from one end to the other end on a schedule /daily basis through manual or mechanical means.

3.74 “Shuchi Mithra” means individuals/citizens in a Ward and/or Resident Welfare Associations of a Ward registered with the jurisdictional Ward committee and BBMP who have volunteered to,-

(i) take regular surveys and prepare reports about implementation of the SWM Rules 2016 and these Bye-laws 2020 in their wards;

(ii) participate in the organisation of cleanliness drives or awareness campaigns, in their Wards; and

(iii) liaise with the Ward Committee and SWM Cell, BBMP for redressal of the SWM issues identified in the course of their surveys;

3.75 "Secondary Point" means the point identified within the ward for transfer of solid waste after primary collection from the primary collection to the secondary collection vehiclefor onward transportation of the waste to the processing or disposal facility;

3.76 "Segregation" means sorting and separate storage of various components of solid waste namely bio-degradable wastes including agriculture and dairy waste, non-biodegradable wastes including recyclable waste, nonrecyclable combustible waste &non-recyclable inert waste, sanitary waste including domestic hazardous wastes, and construction and demolition (C&D) wastes;

3.77“Service charge/fee” means a specific fee imposed by the Authorised waste processor on the Bulk waste generator to cover full or part cost of providing solid waste collection, transportation, processing and disposal services as per the polluter pays principle.

3.78"Solid Waste" means and includes 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, Hazardous 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 of SWM Rules, 2016;

3.79“Sorting” means separating various components and categories of recyclables such as paper, plastic, cardboards, metal, glass, etc., from mixed solid waste as may be appropriate to facilitate recycling;

3.80 “Stabilising” means the biological decomposition of biodegradable wastes to a stable state where it generates no leachate or offensive odours and is fit for application to farm land, soil erosion control and soil remediation;

3.81 “Stabilised biodegradable waste” means the biologically stabilized (free of pathogens) waste resulting from the mechanical/biological treatment of biodegradable waste; and only when stabilised can such waste be used with no further restrictions;

3.82 “Street vendor” means any person engaged in vending of articles, goods, wares, food items or merchandise of everyday use or offering services to the general public, in a street, lane, side walk, footpath, pavement, public park or any other public place or private area, from a temporary built up structure or by moving from place to place and includes hawker, peddler, squatter and all other synonymous terms which may be local or region specific; and the words “street vending” with their grammatical variations and cognate expressions, shall be construed accordingly;

3.83“SWM Cell” comprises of the Ward level, Divisional level and Zonal level officers who will be responsible for the daily operations ofSWM activities, along with the Head Office level SWM Supervisory officials.

3.84 “SWM Cess”means a specific charge imposed by the BBMP as the part of the property tax on the waste generators to cover full or part cost towards providing and maintaining the overall street & public area cleanliness.

3.85 "Transportation" means conveyance of solid waste, either treated, partly treated or untreated from one location to another in an environmentally sound manner through specially designed and covered transport system so as to prevent the foul odour, littering on ground and unsightly conditions;

3.86“Transfer station” means a facility created to receive solid waste from primary collection and transport in bulk in portable compactors on a hook loader/ covered vehicles or containers to waste processing and/or disposal facilities with the transfer of waste and its transport being undertaken as per the prescribed Standard Operating Procedure following the principle of No Garbage on Ground (NGoG) during transfer and zero spillage of garbage/waste during transport;

3.87 “Treatment” means the method, technique or process designed to modify physical, chemical or biological characteristics or composition of any waste so as to reduce its volume and potential to cause harm;

3.88 “User Fee” means a specific feeimposed by the BBMP as per Rule 15(f) of SWM Rules, 2016on the waste generator to cover full or part cost of providing specific service of solid waste collection, transportation, processing and/or disposal services as per the polluter pays principle.

3.89 “Vacant Plot” means any Land or open space belonging to a private party/ person that is presently not occupied by them/him.

3.90 "Vermi Composting" means the process of conversion of biodegradable waste into compost using earthworms;

3.91 “Ward Micro Plan” means the fundamental planning for the smallest unit for management by splitting the ward into Blocks, setting up routes of Street sweeping, primary collection and transportation of segregated solid waste streams at the ward levelfor achieving the objective of solid waste management in line with SWM Rules 2016 and which would be reviewed and revised by BBMP from time to time.

3.92 “Waste Hierarchy” means the solid waste management priority order in which the solid waste is to be managed by giving emphasis in the following order to the 5 R(s) i.e., Refusal (prevention of use), Reduction, Reuse, Recycling& Recovery and only as a last option Disposal, i.e. with Prevention being the most preferred option and the Disposal at the landfill being the least;

3.93 “Waste generator” means and includes every person or group of persons, every residential premises and non-residential / commercial establishments / institutions including State and Central Govt establishments like Indian Railways, Defence establishments etc which generate solid waste;

3.94 “Waste picker” means a person or groups of persons informally engaged in collection and recovery of non biodegradable waste from the source of waste generation or from the waste generators directly and who earn their livelihood from the sale of the reusable and recyclable solid waste therein.

3.95 “Waste Workers” means all such persons who are involved in waste management under BBMP.

(1) Pourakarmika refers to street sweepers who collects street sweeping wastes and carry out cleaning of public places.

(2) Helper- Who assists in collection of waste from door steps in the primary collection vehicles and in loading of waste in secondary transportation vehicles.

(3) Driver- Who drives the primary collection and secondary transportation vehicles.

(4) Supervisor- are the persons who are assigned to a mustering location or block to supervise the activities of the above waste workers.

3.96 “Waste Storage Bin” means any storage facility set up and maintained collectively by owners and or/ occupiers of one or more premises for storage of Solid Waste in a segregated manner in their premises of any one of such owners/ occupiers or in their common premises.

3.97 “Zero Discharge Ward” means a Ward which ensures that solid waste generated within the Ward is entirely source segregated and collected in separate streams,the biodegradable waste is processed, treated and disposed off through composting or bio-methanation within the Ward, recyclable materials handed over to authorised waste pickers and recyclers and residual waste given to waste collectors or agency as designated. Such Wards shall also have to strive towards adhering to the Waste Hierarchy and phasing out single use disposables usage completely.

3.98 “Zero Waste Campus”means a residential or non-residential / commercial / educational / government / official colony or campus / gated community which ensures that solid waste generated within the campus is entirely source segregated and collected in separate streams,the biodegradable waste is processed, treated and disposed off through composting or biomethanationwithin the premises, recyclable materials handed over to authorised waste pickers and recyclers and residual waste given to waste collectors or agency as designated. Such campuses shall also have to strive towards adhering to the Waste Hierarchy and phasing out single use disposables usage completely.

CHAPTER II SEGREGATION AND PRIMARY STORAGE

4. Segregationof Solid Waste into different categories at source and storage-(1) Every Waste Generator including Bulk Waste Generators shall be required to segregate Solid Waste at source of generation into the following categories, as applicable, namely:-

(a) Bio-degradable Waste, also referred to as Wet Waste including Garden and horticulture waste

(b) Non-biodegradable Waste, also referred to as Dry Waste including bulky waste and E-waste,

(c) Domestic Hazardous Waste, including Sanitary Waste,

(d) Construction and Demolition (C&D) Waste, Keeping in mind the growing population of the city, since notification of SWM Rules in 2016, BBMP shall strive to enforce for compliance of segregation at source for all waste generators within one year of coming into force of these byelaws.

(2) In line with Rule 4(1)(a) of SWM Rules, 2016, the three different streams of waste such as Bio-degradable (Wet) Waste, Non-biodegradable (Dry) Waste and Domestic Hazardous Waste along with Sanitary Waste shall be source segregated and stored separately, without mixing it, in specified Receptacles (without using any plastic garbage liners) for handing over or delivery to BBMP or Notified Service Provider, as the case may be. The Waste Generator shall ensure that Non-biodegradable Waste such as packets, food containers, boxes, bottles, tetra pack cartons and other disposable items are cleaned and dried so that these items can be effectively recycled. All Solid Waste including Bio-degradable Waste shall not be wrapped in plastics bags for handing over to BBMP or Notified Service Provider/Agency. There shall be only bin to bin transfer of such waste i.e., from segregated waste bin to bin (storage space) of waste collector autos.

(3) The colour of the Receptacles / Bins where the following three streams segregated Solid Waste shall be stored before eventual handover to BBMP or Notified Service Provider, as the case may be, shall be:

(a) Green bin for Bio-degradable / Wet Waste;

(b) Blue bin/ Reusable bags for Non-biodegradable / Dry Waste; and

(c) Red for Domestic Hazardous Waste including Sanitary Waste.

(4) The Sanitary Waste such as sanitary napkins, diapers, tampons and similar products shall be securely wrapped in pouches provided by the manufacturers or brand owners or in paper wrappings and all such Sanitary Waste shall be stored separately and handed over securely along with Wet Waste to the yellow non chlorinated bags. All Bulk Waste Generators, shall ensure that the provisions of this byelaw are strictly complied with and such Sanitary Waste is not disposed in the drainage or sewerage systems but shall be handed over to the authorised waste processor. Failure to comply with this shall lead to fine being levied as per penalties listed at Schedule VII.

(5) The Construction and Demolition Waste, Bio-medical Waste, E-waste, Hazardous waste other than the domestic hazardous waste and Industrial waste shall not be mixed with Solid Waste. These shall be handled as per the provisions under the specific Rules for respective waste stream namely, C& D Waste Management Rules 2016, Biomedical Waste Management Rules, 2016, E-waste Management Rules, 2016 and Hazardous and other waste (Management and Transboundary Movement) Rules, 2016.

5. Responsibilities of specific categories of Waste Generators-

(1)The Waste Generators such as Shops & Commercial Establishments and Street Vendors shall segregate the Solid Waste generated during the course of its activity such as food waste, permissible disposable plates, cups, cans, wrappers, coconut shells, leftover food, vegetables, fruits and similar items in accordance with the categories specified in Bye-laws 4(1) and shall have separate bins to store for this purpose, without any litter / spillage on ground.

Any litter / spillage found in front or in and around the establishment or storage of non-segregated / mixed waste shall be deemed as violation by the establishment under this byelaw and fine shall be levied as per penalties listed at Schedule VII.

(2) In every designated commercial area or areas with commercial establishments, it shall be the responsibility of the market associations or group of shop owners to ensure that segregated waste bins (as per the type of waste generated) are kept and that there is no littering and throwing of any type of solid waste on the roads, footpaths, drains and other such public spaces. Any litter / spillage found in front or in and around the establishment or storage of non-segregated / mixed waste in the commercial area shall be deemed as violation under this byelaw and fine shall be levied as per penalties listed at Schedule VII.

(3) Every Occupier of any Premises who generates poultry, fish, meat and slaughter waste as a result of any commercial activity, shall store such waste separately in a fully closed manner and in hygienic condition and such waste shall not be mixed with any other category of Solid Waste. Deposit of such waste in any other Receptacle or Waste Storage bin or public place is prohibited and shall attract fines as indicated in Schedule VII. BBMP would directly or through its Notified Service Provider/ shall ensure that such waste is ready for handover at the times designated by BBMP. BBMP shall notify appropriate closed container bins and vehicles for primary collection and secondary transportation of such waste, on user fee model basis, depending on the quantities generated within the BBMP limits. Such user fees shall be notified by the BBMP and it shall be the duty of this category of waste generator to pay these fees for the collection / transportation / scientific disposal service provided as per the Polluter Pays Principle.

(4) Every Bulk Waste Generator or aggregation of Waste Generators maintaining common Receptacles on their Premises shall be responsible for collection of segregated Solid Waste from each individual Waste Generator within its Premises and storing it in separate covered Receptacles in accordance with Bye-laws 4 at the entry gate or a designated location on the ground floor of such Premises, to enable swift and timely collection of such segregated waste.

(5) It shall be the responsibility of the owner or occupier of premises to store the construction material and Construction and Demolition (C&D) waste well within the premises and not encroach or block any public spaces like footpath, road, etc. The storage, handling and management of C&D waste shall be governed by C&D Waste Management Rules, 2016 and Building Bye-laws of BBMP.

(6) It shall be the responsibility of the owner or occupier of premises to dispose C&D waste at a place designated by BBMP for C&D Waste processing and transport the same as per the collection and transportation system notified by BBMP.

CHAPTER III COLLECTION, TRANSPORTATION AND DISPOSAL OF SOLID WASTE

6. Collection of segregated Solid Waste by Notified Service Provider A. Door to Door collection by Notified Service Provider / Agency-

(1)Subject to provisions Clause 8of Bye-laws, Door to Door Collection shall be implemented by BBMP for all and/or certain categories of segregated Solid Waste, in all Wards of the BBMP from:

(a) doorsteps of households, shops, small commercial establishments and offices;

(b) entry gate or a designated location on the ground floor in a housing society, multi storied buildings or apartments, residential, commercial, institutional complexes or premises which do not fall within premises specified in Byelaw 6(1)(a) and are not Bulk Waste Generators;

(c) entry gate or specified places of slums and informal settlements.

(2)(a) BBMP through notified service providers would ensure segregated collection for each solid waste type, collect biodegradable(wet) waste and sanitary waste on a daily basis and non-biodegradable(dry) waste atleast twice or thrice a week as per necessity or as specified by BBMP from time to time.

Dry waste collection could be carried out wherever possible through informal Waste pickers & Self Help Groups integrated into the BBMP’s dry waste collection system.

(b) However BBMP would also alternatively opt for daily collection of dry, wet and domestic hazardous waste either in separate suitable covered vehicles or in same covered vehicle with segregated compartments so that all three streams of waste could be collected in a segregated manner daily.

(3) In order to carry out Door to Door Collection as specified in clause 6(1), of byelaws, area-wise specific time slots including relevant day of the week for different categories of Solid Waste shall be notified by BBMP at the ward office and on the website of BBMP. In addition, route maps for collection including stops, starting and ending times and other relevant details shall be provided along with the time slots.

(4) BBMP shall for door to door collection from residential and Commercial waste generators, based on the prevailing normative standards as per Micro Plan blocks, assess the number of primary collection vehicles, Secondary Transportation Vehicles for each type of solid waste along with manpower and Pushcart (For slum house collection),that will be allotted to each Ward for efficient primary collection and transportation of segregated Solid Waste and to ensure that there is no inter-mixing of segregated Solid Waste. The ratio of number of manpower and vehicles with respect to the block shall be dependent on the number of nonbulk waste generators and shall be computed in accordance with the Micro Plan from time to time.

(5) BBMP shall specify at least one day in a week for Door to Door Collection of Horticulture & Garden Waste and shall collect the same through its Notified Service Provider, as part of its regular door to door collection system. Waste Generator shall handover their dry Bulky Waste such as Furniture and Furnishings such as wardrobes, tables, chairs, shoe racks, computer tables, beds, cots, chair, dining tables, sofas, etc., Kitchen utensils, Mattresses etc to the BBMP notified service provider as part of its regular door to door collection system.

(6) Notwithstanding the above, BBMP may extend the collection and transportation of waste to two or three times a day (day / evening / night collection) from all or certain waste generators along with specific times for collection from specific waste generators, subject to suitable additional user charges being collected regularly to cover such costs fully or partly.

B. Other collection by Notified Service Provider/Agency

(1) In addition to Door to Door Collection of Solid Waste under Clause 6 of Bye-laws, BBMP and/or Notified Service Provider as the case may be, shall collect Solid Waste from earmarked public spaces such as parks, markets, roads, streets, gardens, collection kiosks, Transfer stations and similar areas at specified times and days.

(2)Till such time Extended Producer Responsibility is implemented under the E-Waste (Management) Rules, 2016, BBMP would facilitate Collection or drop off of E-Waste, through E-waste Recyclers, on payment basis, if deemed necessary. BBMP may also notify DWCCs and any other drop off points for citizens to deposit their E-Waste from where the same would be picked by E- waste Recyclers.

(3) For collection of Construction and Demolition Waste, the Waste Generator could contact BBMP or the Notified Service Provider, details of which shall be provided on its website and in its office. Upon payment of the relevant charges as notified by BBMP, the Notified Service Provider will collect the segregated Construction and Demolition Waste from the Waste Generator within a specified time period. This waste shall be transported to an authorised processing centre or any other designated location in accordance with C and D Rules, as notified by BBMP. The BBMP shall issue guidelines on management of Construction and Demolition Waste and this clause shall need to be read harmoniously with such guidelines.

C. Door to Door collection– Responsibilities of Notified Service Providers/ Agency and Waste Generators

(1) BBMP and/or Notified Service Providers shall announce their arrival for collection of Solid Waste by blowing a whistle and also play a recorded message / announcement through a loud speaker or by any other such means and at such time the Waste Generator must be ready to handover the segregated Solid Waste for collection. In the event the Waste Generator is not available to handover the Solid Waste, such Waste Generator must ensure that the Solid Waste is stored in a segregated manner at a prominently visible, convenient and accessible place for BBMP and/or Notified Service Provider to collect the Solid Waste. The segregated Solid Waste shall not be left in the open without an enclosure where they are susceptible to attacks by dogs, cows, pigs and other stray animals. Also, such waste shall not be kept stored in single use plastic bags and/or garbage bin liners which are banned.

(2) It shall be the duty of every Waste Generator to comply with regard to collection of the segregated Solid Waste by ensuring the same is segregated and deposited in correct Receptacles and is handed over in accordance with these Byelaw at the appointed time published by BBMP and/or Notified Service Provider. It shall be the responsibility of BBMP and / or designated person to monitor and report the Waste Generators that are not complying with the provisions of this Chapter. The non-compliant Waste Generators shall be penalised and fined in accordance with the provisions of Schedule VII of these Bye-laws.

(3) The collected segregated Solid Waste may be transported to Secondary Storage facilities such as waste storage/collection depots, Transfer Stations or material recovery facilitates or for respective processing at compost plants, biomethanation plants, recycling plants, waste to energy plants or any other site/plant designated by BBMP.

(4) There shall be no inter-mixing of segregated Solid Waste that has been collected from different Waste Generators during the transportation, transfer and processing of such waste. BBMP shall penalise the waste collector,transporterand its officials concerned if such mixing is found to have occurred.

(5) The Notified Service Provider vehicles would have to comply with GPS and RFID tagging of waste collection and transportation vehicles and its waste collectors / workers shall be on biometric attendance so that remote monitoring is enabled.

7. Kiosk Collection:- BBMP may notify certain areas within its jurisdiction which are inaccessible for collection vehicles/ pushcarts or for any other reasons deemed appropriate by BBMP, for Kiosk collection. For implementation of Kiosk collection BBMP shall designate the location where such Kiosk will be setup, where segregated solid waste shall be deposited by the waste generators. From these notified collection Kiosk, BBMP and / or notified service providers shall make arrangements for transportation of the segregated waste for processing and disposal as per the provision under this byelaw.

8. Delivery and transportation of Solid Waste by the Waste Generators in certain cases-(1) In the event an Authorised Waste Processor has been engaged by the Bulk Waste Generator to provide waste management services in accordance with these Byelaws, suchAuthorised Waste Processor shall collect and transport the Solid Waste from the premises of such Waste Generator to the processing units and at such rates, as declared to BBMP by the Authorised Waste Processor.

(2) The Street Vendor has to deliver waste duly segregated to BBMP waste collection system. No mixed waste shall be delivered, failing which penalty as per Schedule VII shall be levied.

(3) Any Waste Generator can directly deposit or sell their Recyclable Nonbiodegradable Waste to NotifiedService Providers, registered Waste Pickers and Waste Traders.

(4) BBMP may, from time to time, notify certain categories/streams of Solid Waste, types of Waste Generators and areas within its territorial limits where Waste Generators shall be responsible to directly deliver and deposit their segregated Solid Waste to Secondary Storage facilities and/or processing facilities.

9. Collection and Transportation of C&D Waste and inert waste:

(1)BBMP shall earmark a specific area for the disposal of C&D waste and other inert wastes like road sweepings, including that arising out of mechanical sweeping at a notified dumpsite.

(2) BBMP shall bear the responsibility of collection and disposal of C&D waste generated from its own activities and activities of other government departments working in its area.

(3) BBMP shall also ensure that inert waste collected from road sweepings, de-silting of drains, digging of roads and public spaces for various activities etc.

is collected and disposed of in a time-bound matter at a specific site as notified.

It can also use these wastes, if it deems appropriate, for filling low-lying areas.

(4) BBMP shall explore all opportunities for the gainful utilization of the C&D waste.

(5) All the above shall be carried out in full compliance with C&D Waste Management Rules, 2016.

10. Vehicles for Collection & Transportation of Solid Waste-

(1)BBMP shall deploy differently coloured vehicles by notified service provider for collection of each solid waste type

(a) Green for Biodegradable (wet) waste

(b) Blue for Non-Biodegradable (dry) waste

(c)Yellow coloured vehicles for the Bulk waste collectionby Authorised Waste Processors In case the same vehicle is used to collectWet, Dry and Domestic hazardous wastefrom non-bulk waste generators, then colour coded covered compartments within the same vehicle should be used.

(2)BBMP shall deploy different suitable vehicles for collection of segregated Solid Waste including autotippers for residential collection or suitable larger and specifically designed vehicles for commercial collectionfor segregated wastes and such vehicle shall be covered and have a suitable announcement system for informing the citizens on its arrival and spreading relevant messages on SWM. In narrow streets that cannot be serviced by auto tipper or the vehicle, pushcarts shall be deployed.

(3) BBMP shall explore eco-friendly options for Door to Door Collection and transportation of Solid Waste such as battery operated and/or electric or CNG vehicles. Motorised vehicles dependant on fossil fuels shall be judiciously introduced and optimally utilised and BBMP should strive to phase these out over a period of time. BBMP shall introduce atleast one such battery operated/ electric CNG primary collection vehicle in each ward/ division to encourage use of non fossil fuel vehicles, in the short term, which would subsequently then be scaled up to cover the entire ward.

(4) The Solid Waste shall be transported to the Transfer stations having portable compactors or to the larger secondary transfer/transport vehicles such as Compactors at Secondary Transfer Points and/or Secondary Storage Points depending on the infrastructure set up by BBMP. Every primary collection vehicle shall be assigned to a Transfer stations/ Secondary Transfer Point where the segregated Solid Waste shall be transferred without manual waste handling, directly into the secondary transportation vehicle/ portable compactors or secondary storage facility.

Such Secondary Transfer Point or transfer stations shall be identified in the ward micro plan and shall be located at a convenient shortest possible distance from the primary Door-to-Door collection areas. Each secondary vehicle shall have a destination of a processing facility, material recovery facility, or for disposal, based on category of the Solid Waste that it receives.

(5) The vehicles used for collection and transportation of Solid Waste shall be covered in such a manner that the collected waste is,-

(i) Not Exposed to open environment,

(ii) Not Visible to the public and

(iii) Not found Scattered on the road and/or pavements during transportation.

(6) The design of the primary and secondary transportation vehicles shall be such that the Solid Waste shall not be allowed to touch ground until it reaches its final processing/disposal site, and thus the recurring manual handling of such waste shall not be necessary. Hence transfer of segregated solid waste shall be bin to bin and vehicle to vehicle. BBMP shall make best efforts to ensure that there is no leakage of leachate from its primary collection vehiclesand secondary transportation vehicles while handling wet waste. Measures shall also be taken to ensure that leachate collected in the primary collection vehicles and secondary transportation vehicles is disposed in a scientific manner and not discharged into stormwater drains and sewerage.

(7) BBMP shall enable live GPS tracking for all SWM vehicles on ICT enabled Applications, including the primary collection vehicles and secondary transportation vehicles to ensure monitoring of collection and transportation of Solid Waste. Such tracking of vehicles shall be monitored remotely through a Centralised Smart Data Centre by BBMP.

For the purpose of transparency and accountability, general public shall also be given access to the above.

(8) Secondary transfer facilities for Solid Waste shall be created and established by taking into account quantities of Solid Waste generation in a given area and the density of population, and shall operate as per prescribed standard operating procedure causing minimal disturbance to public. There shall be basic visual barricading of all Secondary Transfer Points to ensure visual cleanliness and aesthetics.

(9) BBMP shall strive to establish its own Solid Waste collection and transportation fleet and infrastructure in the medium term so as to ensure improved and independent SWM services and reduce its recurring costs.

CHAPTER IV PROCESSING AND DISPOSAL OF SOLID WASTE

11. Facilities to be provided by BBMP-

(1) Dry Waste Collection Centres and materials recovery facility for Dry Waste: (a) BBMP shall set up Dry Waste Collection Centres and/or Materials Recovery Facilities in its wards and the same shall be operated by BBMP through informal waste picker organisations / Wastepickers &Self Help Groups integrated into the BBMP’s dry waste collection system for collection and sorting of Non-biodegradable Dry Waste.

(b) The DWCCs and/or materials recovery facility shall be mechanised to ensure efficient sorting and storage of various categories of dry waste and have adequate infrastructural facilities such as electricity, drinking water and toilets and which are sustainably designed as green buildings.

(2) Deposit centre for Domestic Hazardous Waste-(a) Appropriate number of deposit centre(s) for the collection and receipt of Domestic Hazardous Waste shall be set up within the jurisdictional limits of BBMP by BBMP or Notified Service Provider at suitable location(s). Such facility shall be set up in a manner as per guidelines prescribed by the KSPCB/CPCB and other appropriate governmental agencies. In wards where DWCCs are already set up, a portion in DWCC may be earmarked & developed as a deposit centre for Domestic Hazardous Waste in accordance with applicable regulations.

(b) The Domestic Hazardous Waste / Sanitary Waste at the Secondary Storage/transfer facilities and/or deposit centres and shall be processed in accordance with Clause 12 of byelaws.

12. Processing of different categories of Solid Waste- The BBMP shall ensure that adequate processing facilities are setup either through itself or through the Waste Generator, BBMP, Notified Service Provider, Authorised Waste Processor and/or any other Person involved in handling or management of Solid Waste and shall ensure that different categories of Solid Waste are processed in the following manner, namely:-

(a) Processing of the Bio-degradable Waste (Wet Waste)- Decentralised and/or centralised processing such as composting, vermicomposting, microbial composting, aerobic composting, anaerobic digestion, bio-methanation or any other KSPCB/CPCB approved process for bio-stabilisation of Bio-degradable Waste shall be adopted for processing of Bio-degradable Waste.Fresh Bio-degradable waste mayalso be used as animal feed if such waste is safe for consumption by livestock and on farmlands as is the practice presently and this could also be considered as one of the methods of disposal of wet waste, in consultation with KSPCB.

(b) Processing of Recyclable Non Bio-degradable Waste (Dry Waste)- The Recyclable Non Bio-degradable Waste shall be sent to-

(i) Dry Waste Collection Centres, Materials Recovery Facilities for sorting and baling of Dry Waste and thereafter to authorised recycling units; or

(ii) directly to authorised recycling units to be turned into raw materials for producing new products.

(c) Processing of Domestic Hazardous Waste including Sanitary Waste.-The Domestic Hazardous Waste shall be processed through TSDF (Treatment Storage Disposal Facility) authorised by the KSPCB, incineration and/or any other suitable method determined by the KSPCB/CPCB. Sanitary Waste will be processed at the nearest common biomedical treatment facility and/or incinerators along with other Biomedical Waste generated within the BBMP. Only process rejects and inerts from these processing methods shall be transported to Sanitary Landfills for final disposal. In the long term, BBMP would take steps to setup its own TSDF.

(d) Processing of Non-Recyclable Non-bio-degradable waste.- The Non Bio-degradable Waste which cannot be recycled in accordance with Clause10 of these Bye-laws and having calorific value exceeding 1500 kcal/kg shall be used for co-processing or Refuse Derived Fuel (RDF) for combustible fraction of waste or supply as feedstock to solid waste based power plants or cement kilns. Segregated combustible fraction which is less than 1500 kcal/kg can be treated as per applicable CPCB and/or KSPCB guidelines

(e) Processing of Construction and Demolition Waste.- The Construction and Demolition Waste shall be processed in accordance with C&D Rules (including separate guidelines issued by BBMP) and shall be transported to appropriate processing plants, landfills and/or other designated locations.

(f) Processing of slaughterhouse waste.- Waste generated from slaughterhouses, poultry, meat and fish markets shall be processed or disposed through Rendering, Composting, Biomethanation, controlled incineration or deep burial where stipulated scientific standards are followed and/orby any other method prescribed by CPCB and/or KSPCB, as applicable.

(g) Processing of special streams of waste.- To the extent possible, specific streams of Solid Waste such as leaf litter, tender coconuts sugarcane,cowdungand thermocolshall be sent for processing to leaf litter processing units, tender coconut waste processing unit and other appropriate processing facilities wherever available, as approved by CPCB and/or KSPCB.

(h) Disposal at Sanitary Landfills and Aim to reach Zero Landfill- The residual Solid Waste and inerts which cannot be processed in any of methods set in Clauses 12 (a) to (g) above shall be disposed in a Sanitary Landfill in a scientific manner. BBMP shall strive to ensure that the residue from different processing facilities shall not exceed the norms prescribed by CPCB and/or KSPCB. Until 100% waste segregation at source is achieved, BBMP shall strive to take up secondary segregation at processing facilities / plants and landfill sites, so that sanitary landfill can be operated as per SWM Rules 2016.The BBMP shall strive towards a goal where only minimal Solid Waste and Inerts shall be disposed in Sanitary Landfills (Zero landfilling).

(i) Decentralised processing of waste: Highest priority shall be given for on-site processing of biodegradable waste in commercial & institutional campuses and decentralised block level and ward level processing for door to door collected waste. Similarly focus should be on encouraging home composting of wet waste at household level. Through decentralised dry waste collection centres at ward level, even non biodegradable dry waste shall be collected, sorted and recycled in a decentralised manner.

13. Requirements of Processing Facilities & Sanitary Landfill- (1) The Processing Facilities and Sanitary Landfills should conform to the norms laid out by statutory authorities. These facilities should have weighbridges/ weighing scales to measure and record the amount of waste brought to the units. They should also have other devices to track and record entry of transport vehicles like boom barriers, RFID recorder, CCTV etc.

(2) All rejects, residues and surplus unprocessed waste shall be temporarily stored at a place convenient for delivery to the notified collection system, in closed Receptacles with protective measures against Littering, Public Nuisance, foul odour etc. The facilities shall have adequate utilities to ensure hygienic conditions, avoidance of nuisance to public or to workers operating the facility, including water and areas for washing, electricity and toilets.

(3) All processing facilities shall comply with any additional standards, specifications and guidelines notified by KSPCB, CPCB, BBMP and/or relevant authority or prescribed by any law for the time being in force.

14. Other provisions relating to processing of Solid Waste and certain Waste Generators-(1)In line with Rule 4, sub rules (6),(7) and (8) of the SWM Rules 2016, it shall be mandatory for all Resident Welfare and Market Associations, all gated communities, which have more than 100 dwelling units or commercial establishments and institutions with a plot area exceeding 5000 sqm area or generating more than 100 kgs a daytohave their biodegradable waste processed, treated and disposed off through composting or bio-methanation within the premises itself to the extent of space available. Exception to avail services of Authorised Waste Processor would be considered only where there is absolute constraint of space within premises.The waste shall be collected and stored in separate streams and recyclable materials shall be handed over to authorized waste pickers and recyclers.

(2) It shall be mandatory for new buildings, structures, gated communities, group housing which propose to have more than100 dwelling units; corporate or commercial complexes, institutions and/ or constructions coming up after notification of these Byelaws, which have more than 100 units or are expected to generate waste of more than100 kgs a day or having a plot area exceeding 5000 sqm to:

(i) allocate suitable space within the site in proportion to the estimated quantum of Solid Waste that would be generated and has to be stored; and

(ii) set up processing units for onsite processing of Bio-degradable Waste through composting, bio-methanation and/or any other technology approved by KSPCB/CPCB or any other appropriate government authority.

(iii) Set up sorting and temporary storage space for dry waste collected before it is sent to recyclers / informal waste picker organisations.

(3) The markets managed and/or set up by the Agricultural Produce Market Committee (APMC) shall,-

(i) mandatorily ensure that their Bio-degradable Waste is processed through composting, bio-methanation or any other methods approved by the KSPCB/CPCB within their respective premises (in-situ);

(ii) use fresh Bio-degradable waste as animal feed, if such waste is safe for consumption by livestock, in a hygienic and visually clean manner; and

(iii) handover their Non-Biodegradable Waste to the collection vehicle that will be provided by BBMP on dates and times notified by BBMP. For collection and processing of the Non-Biodegradable Waste, such markets shall be liable to pay the SWM User Fee as specified in Schedule - VI.

(4) BBMP shall enforce in-situ processing of Bulk Horticulture and Garden Waste in parks, gardens and similar appropriate places, as far as possible.

BBMP through itself and/or aNotified Service Provider, shall strive to set up small scale composting or bio-methanation plants in public parks, playgrounds, recreation grounds, gardens, markets, large vacant lands owned and maintained by BBMP, any other public authority or governmental department.

(5) BBMP shall facilitate construction, operation and maintenance of solid waste processing facilities and associated infrastructure on its own or through any Agency for optimum utilisation of various components of Solid Waste by adopting suitable technology including the guidelines issued by the Ministry of Housing and Urban Affairs from time to time and standards prescribed by the Ministry of Environment and Forests so that the dependency of waste disposal on the Sanitary Landfills can be minimised to the maximum extent possible.

(6) The Notified Service Providers/Agencies and/or Authorised Waste Processors as applicable shall be allowed to dispose of or sell the Recyclable Non-biodegradable Waste to the Waste Traders or authorised recycling units which recycle waste in accordance with the provisions of these Bye-laws and shall be entitled to retain the amounts realised from these sales.

(7) The Waste Generators who do not use the services of BBMP (or the Notified Service Provider engaged by it), under these Bye-laws shall be required to submit an annual return on the amount of Solid Waste generated at its Premises which is collected, processed and disposed in the form specified in Schedule-II.

(8) The Authorised Waste Processors will be required to register themselves with BBMP along with proof of grant of authorisation by KSPCB before they undertake services and also be required to file periodic returns to BBMP with respect to its operations i.e. areas of operation, waste generators serviced, waste collected and processed, charges levied etc.

They shall also have to comply withthe directions issued by BBMP from time to time.

15. Disposal of Solid Waste and Legacy Waste Management-(1) Biomedical Waste, E-waste, hazardous chemicals and industrial waste shall be collected, processed and disposed of in accordance with the relevant rules framed under the Environment (Protection) Act, 1986. BBMP shall be responsible for management of these specific streams of waste only to the extent that the respective rules mandate it.

(2) Disposal by burning of any type of Solid Waste at any Premises, roadsides, any private or public property including at vacant sites is strictly prohibited and would attract penalty as per Schedule VII of these bye-laws.Similarly no waste generator shall throw or bury solid waste on streets, open public spaces or in drain or water bodies.

(3) BBMP shall undertake on its own or through any other Agency, the construction, operation and maintenance of Sanitary Landfill in accordance with standards prescribed under SWM Rules 2016 and associated infrastructure for disposal of residual waste (i.e. Solid Waste which cannot be processed in accordance with Bye-laws 12(a) to (g)) and inerts.

(4) BBMP shall also investigate and analyse all old open dumpsites and existing operational dumpsites for their potential of bio-mining and bioremediation and wheresoever feasible, take necessary actions to bio-mine or bio-remediate these sites as part of its commitment towards legacy waste management as prescribed in Rule 15 (zj) of SWM Rules 2016.

(5) In absence of the feasible potential for bio-mining and bio-remediation of dumpsite, it shall be scientifically capped as per landfill capping norms to prevent further damage to the environment, in line with Rule 15 (zk) of SWM Rules, 2016. The bio-remediation or capping of old and abandoned dumpsites shall be carried out by BBMP within three years of notification these Bye-laws.

CHAPTER V WELFARE OF POURAKARMIKAS AND INTEGRATION OF THE INFORMAL SECTOR

16. Welfare, occupational safety and training of Pourakarmikas and other personnel

(1) Welfare measures,-

(i) BBMP shall issue identity cards to Pourakarmikas and other eligible workers working in waste management.

(ii) BBMP shall ensure compliance of all labour and welfare regulations and schemes applicable to its Street Sweepers or Pourakarmikas and other eligible waste workers working in waste management sector in relation to wages, working hours, holidays, statutory benefits such as provident fund, employee’s state insurance and maternity benefit. The Street Sweepers or Pourakarmikas shall be paid salary directly by BBMP.

(iii) There shall be regular medical check-ups of the Pourkarmikas and other eligible waste workers working in waste management for occupational diseases and shall include examination of respiratory organs and treatment of skin injuries and other occupational and lifestyle diseases.

(iv) In case of any kind of injury or death during service, the pourakarmika shall be eligible for adequate monetary compensation as decided by BBMP.

However, in the case of a waste worker working under a service contract, the service provider shall be bound to provide adequate compensation as proposed by BBMP.

(2) Protective equipment and other facilities:

(i) BBMPshall ensure provision of two pairs of uniforms, protective footwear, reflective jacketsand raincoats once a year and other personal protective equipment like hand gloves, masks, and other appropriate personal protective equipment atleastonce in two months to all Pourakarmikas including other eligible workers working in waste management. BBMP shall also enforce such compliance from the Notified Service Providers engaging workforce for solid waste management.

(ii) BBMP shall also provide potable water, toilets, changing rooms and first-aid facilities to all the Pourakarmikas& other eligible workers involved in waste management.

(3) Training and capacity building: Periodic training shall be undertaken by BBMP through reputed institute/Government Agency to educate Pourakarmikas and its other workers involved in handling and management of Solid Waste on various topics such as collecting and transporting of Solid Waste in a segregated manner, processing & disposing the Solid Waste in a manner specified in the SWM Rules 2016 and these Bye-laws, and on use of PPEs, occupational health and safety and environment& safety standards among others.

17. Integration of informal waste collectors-

(1) Issuance of Identity Cards: BBMP shall, either through itself or through an appointed agency, carry out surveys and drives for identification of Waste Pickersandshall issue Identity Card to Waste Pickers, so identified. BBMP shall maintain records of Waste Pickersoperating within its jurisdiction.

(2) Involvement in Dry Waste management activities:BBMP shall make efforts to streamline and formalise solid waste management systems and endeavour that the Waste Pickers, Waste Traders and other informal sector players in waste management are given priority to upgrade their work conditions and are integrated into Dry Waste management. BBMP shall facilitatedelivery and sale of Non- Biodegradable Waste (especially non-Recyclable Non-Biodegradable Waste) from Waste Pickers at DWCCs and materials recovery facilities.

(3) Training and capacity building: Periodic training and capacity building exercises shall be undertaken by BBMP, either through itself and/or reputedNotified Service Providers to train and educate Informal Waste Collectors on various topics such as environment, health and safety standards, requirements of SWM Rules and other regulations, authorised processing facilities for Non-Biodegradable Waste among others.

CHAPTER VI LITTERING AND PUBLIC NUISANCE

18. Prohibition of littering and provision of litter bins.-

(1) Littering in any public, open or vacant property: (a) No Person shall throw, deposit or cause to be thrown or deposited any Solid Waste in any public place, including in any type of water body (natural or manmade) except in a manner provided for in these Bye-laws, the Environment (Protection) Act, 1986, the Karnataka Municipal Corporation Act, 1976, the SWM Rules 2016, or any other applicable act or rules or guidelines framed thereunder.

(b) It shall be the responsibility of the owner of any Vacant Plot to ensure maintenance of the said property in clean and hygienic manner.

(c)BBMP may serve a notice on the relevant Waste Generator and/or Owner of the Vacant Plot, as the case may be, requiring such Person to clear any waste on such premises in a manner and within a time specified in such notice.

(d) If the Person on whom the notice has been served fails to comply with the requirements imposed by the notice, BBMP shall take all or any of the following actions:

(i) enter on the prem

(ii) ises and clear the waste and recover from the Person the expenditure incurred in having done so; or

(iii) impose penalties as the case may be in accordance with these Bye-laws

(2) Litter-throwing from vehicles: No person, whether a driver or passenger in a vehicle, shall litter upon any street, road, sidewalk, playground, garden, traffic island or other public place.

(3) Litter from goods vehicles: No person shall drive or move any truck or other goods vehicle unless such vehicle is so constructed and loaded so as to prevent any load, contents or litter from being blown off or deposited upon any road, sidewalks, traffic island, playground, garden or other public place.

(4) Nuisanceby pet animals: It shall be the responsibility of the owner of any pet animal to promptly scoop or clean up anydroppingsby such pet on the street or any public place and take steps for its proper disposal.

(5) Litterbins & Waste Receiving Kiosks in public places: BBMP shall provide and maintain suitable Litterbins/Receptacles on public spaces such as roads (in commercial and high footfall areas), gardens, parks and similar places, through itself or through aNotified Service Provider where litter can be deposited by the public. Every Litterbin/ Receptacle shall be separate for Bio-degradable Waste and NonBiodegradable Waste. BBMP and/or the Notified Service Provider shall ensure that the Litterbins/ Receptacles are not overflowing or exposed to open environment and prevent their scattering by rag pickers, stray animals or birds etc. These bins shall be to the extent possible monitored through RFID or other suitable technology to ensure there is no overflow of wasteaffecting visual cleanliness and public health.Apart from this, BBMP shall also provide segregated waste drop off points by establishing such waste receiving or Kasa Kiosks wherever feasible.

19. Prohibition of Public Nuisance-(1)No person shall create any Public Nuisance such as spitting, urinating, defecating, feeding animals / birds or allowing their droppings, or any other object or keeping any type of storage in any public place except in such public facilities or conveniences specifically provided for any of these purposes and permitted by concerned authorities. The provisions of these Bye-laws relating to Public Nuisance will be construed and implemented in harmony with the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

However, the duties and responsibilities of Waste Generators as per Rule 4 of SWM Rules, 2016 shall be applicable to all generators including Street Vendors as detailed at Rule 4(5) of SWM Rules, 2016.

(2) BBMP shall provide to strengthen and incentivise the system of Nuisance Detectors by providing them,-

(i) the power to levy spot fines in accordance with Schedule VII, using fine books or digital handheld equipment;

(ii) suitable uniforms, vehicles, wireless equipment etc; and

(iii) monetary or non-monetary incentives proportionate to fines levied.

(3) As part of its responsibility to appoint and empower nuisance detectors, BBMP shall deploy SWM Marshals in every ward and other SWM processing and disposal facilities who shall ideally be ex-service men/ NCC ‘C’ Certificate holders sourced through Sainik Board/ Exservicemen Registered Society to exercise control on persons creating any public nuisance under these Bye-laws.

(4) To support and act as a liaison between ward related SWM issues and SWM Cell of Head Office, BBMP shall also appoint an officer, not lower in rank than an Assistant Executive Engineer, as a nodal officer for SWM in each ward called the SWM Nodal Officer for ward.

(5) (i) The authority to levy spot fines and penalties in line with Schedule VII of these Bye-laws shall lie with the following officials/ designated authorities a) Senior Health Inspector of Public Health Department b) Junior Health Inspector of SWM Department c) SWM Marshals d) SWM Nodal Officer for ward.

(ii) Any Public Health Department or SWM official above the rank of Senior Health Inspector or Junior Health Inspector upto the level of Health Officer or Superintendent Engineer SWM of the Zone shall also be empowered to levy spot fines and penalties.

(iii) While the penalty levels are as prescribed in Schedule VII, authority for levying much higher penalties, not exceeding Rs.5 lakhs (in each case), for grave offences and repeat violators, would be with the Penalty levying officials and Nuisance detectors.

(6) The authority to hear any appeal against levy of penalties shall be with the Joint Commissioner of the zone who shall decide on the same within 7 (seven) days from the date of such appeal.

CHAPTER VII IDENTIFICATION OF BULK WASTE GENERATORS AND THEIR DUTIES

20. Identification of a Bulk Waste Generator

(1) Notice and verification: Effective from the date of notification of this byelaw, the following waste generators are considered as Bulk waste generators and they shall comply with the applicable provision of these byelaws

(a) Residential waste generators with more than 100 Multi Dwelling Units (MDUs)

(b) Commercial and Institutional waste generators generating solid waste of more than 100 kgs per day or located on the premises with site area of more than 5000sqm.

(2) BBMP through itself or a Notified Service Provider, shall carry out field survey as per its own records to identify individual Bulk Waste Generators and issue notices to them in Schedule IV format.

21. Duties of Bulk Waste Generators-(1)All Bulk Waste Generators shall ensure segregation of Solid Waste at source within their Premises in the manner specified below and facilitate collection, processing and disposal of segregated Solid Waste in the manner specified in these Bye-laws. The biodegradable waste shall be processed, treated and disposed off through composting or bio-methanation within the premises itself, to the extent of space available. Option to avail services of Authorised Waste Processor can be considered where there is absolute constraint of space within premises.

(2) As mentioned above, in the exceptional event that the Bulk Waste Generator is unable to process their Bio-degradable Waste on-site due to space constraints,they may obtain the services of an Authorised Waste Processor for collection, processing and disposal of segregated Solid Waste on mutually agreed terms including fees for such services. BBMP shall call upon the authorised waste processors to submit the fees charged by them and establish that the fees are fair and reasonable.

(3) Hence all Bulk Waste Generators (except markets and bazaars as identified under Bye-laws 14(3) shall,-

(i) process their Bio-degradable Waste through composting,biomethanation or any other methods approved by KSPCB/CPCB within their respective premises (in-situ); or

(ii) have their Bio-degradable Waste processed by the Authorised Waste Processorengaged by them

(4) All Bulk Waste Generators shall, either,-

(i) by their own arrangement, process the Non-biodegradable Wastein accordance with these Bye-laws and SWM Rules 2016; or

(ii) engageAuthorised Waste Processors for collection, transportation and processing of their Non-Biodegradable Waste on mutually agreed terms;

(5) All Bulk Waste Generators shall,engage Authorised Waste Processorfor collection, transportation and processing of their Domestic Hazardous Waste and Sanitary Waste on mutually agreed terms;

(6) As detailed at Byelaws 14(8), the Authorised Waste Processors will be required to register themselves with BBMP along with proof of grant of authorisation by KSPCB before they undertake services of Collection, Transportation and Processing for Bulk Waste Generators, on payment of registration fee as prescribed by BBMP.They shallalso be required to file periodic returns to BBMP with respect to their operations i.e. areas of operation, waste generators serviced, waste collected and processed, charges levied etc. They shall maintain all records for traceability of waste from collection point upto processing and disposal point for audit purposes. Theyalso have to comply withthe directions issued by BBMP from time to time.BBMP would prescribe registration / annual renewal fee payable for such Authorised Waste Processors operating within limits of BBMP.

(7) It shall be the duty of Bulk Waste Generators that where they are permitted to avail services of Authorised Waste Processor to ensure that such processors have authorisation from KSPCB and have registered themselveswith BBMP for providing such services and if not, the same should be reported to BBMP, failing which both the waste generator and unauthorised vendor shall be liable for levy of penalty.

CHAPTER VIII EVENTS AND PUBLIC GATHERINGS

22. Social gathering/events- No person shall organise an event or gathering of more than one hundred Persons at any licensed or unlicensed place without intimating BBMP in plain paper application at least three working days in advance. Such Person shall ensure segregation of Solid Waste at source and handing over of segregated Solid Waste in the manner specified in these Bye-laws no later than 12 hours after the completion of the event. In case the organizers of such event wishes to avail of the services of BBMP for the cleaning, collection and transport of Solid Waste generated as a result of that event, they shall apply to the concerned authority at BBMP and pay the necessary charges in advance as may be fixed for this purpose by BBMP. Any notification issued in this regard by BBMP shall govern the management of waste at such social gatherings and events.

23. Public gatherings and events in public places-(1) In the event of public gatherings and events in public places for any reason (including for processions, exhibitions, circus, fairs, political rallies, commercial, sociocultural events, protests and demonstrations, etc.) where police or BBMP permission is required, it shall be the responsibility of the organiser of such event or gathering to ensure the cleanliness of that area after the event and also that the Solid Waste is segregated, collected and processed in accordance with these Bye-laws no later than 12 hours after the completion of the event. Any notification issued in this regard by BBMP shall govern the management of waste at such public gatherings and events in public places.

(2)Refundable Cleanliness Deposit- The organiser of such public gatherings and events shall pay required deposit as notified in the notification issued, with the concerned office for the duration of the event, which shall be refundable on the completion of the event on notifying that the said public place has been restored back to a clean state, and any Solid Waste generated as a result of the event has been segregated, collected and transported to designated sites in accordance with these Bye-laws, to the satisfaction of official/authority concerned. In the event the public space is not restored back to a clean state within 12 hours of the completion of the event, the cleanliness deposit paid to BBMP shall be forfeited and the organiser shall have no claim towards this amount. BBMP may in its discretion may also levy a penalty over and above the forfeited amount.

(3)Services of BBMP: In case the organizers of the public gatherings and events wish to avail of the services of BBMP for the cleaning, collection and transport of Solid Waste generated as a result of that event, they shall apply in advance to the concerned authority at BBMP and pay the necessary User Fees as chargeable, in advance for this purpose by BBMP.

CHAPTER IX DUTIES OF THE WARD COMMITTEES AND SHUCHI MITHRA

24. Duties of Ward Committees-(1)The Ward Committees specified in accordance with Karnataka Municipal Corporations (Ward Committee) Rules, 2016 shall work with BBMP for proper solid waste management and sanitation work in the Ward. The Ward Committees shall play a supplementary role to BBMP for effective implementation of the SWM Rules and these Bye-laws in their Wards.

(2) The Ward Committees shall review Ward SWM action plan which shall take into account and consideration the Ward requirement, prevailing normative standards, budgetary allocations and infrastructure requirement. In this regard, the Ward Committee shall assess the type and quantity of Solid Waste generated in the Ward, existing processing capacity, plans for additional processing and facilities.

(3) The Ward Committees shall identify and earmark land within the ward for establishment of decentralized block or ward level wet waste processing facilities, Dry waste collection centres / material recovery facilities and other such decentralized processing facilities for solid waste, and recommend the same to BBMP to establish such facilities with the aim to make the ward as zero waste ward.

(4) The Ward committee shall deliberate on the Ward SWM action taken report prepared by the authorised officers of BBMP and the necessary steps that are required to comply with the recommendations specified in such report. The Ward Committee shall also take regular feedback from public on the visual cleanliness maintained in the ward and recommend necessary steps to be taken to ensure compliance for maintenance of Visual Cleanliness, including elimination of garbage vulnerable points (GVPs) and adherence to SWM Rules and these byelaws within the ward.

25. Role to be played by Shuchi Mithras- (1) Concerned citizens shall also form Shuchi Mithras in each Ward, to survey and provide regular reports for monitoring of cleanliness, collection of Solid Waste and to participate in the organisation of cleanliness drives or awareness campaigns in their Ward. The reports can pertain to rationalisation of blocks within the ward, route planning for optimum and timely Door to Door Collection of solid waste, suggestions for placement of Receptacles, recommended areas for clean-up service, requests for Nuisance Detectors at litter-prone spots or Garbage Vulnerable Points,suggestions and feedback for improving overall visual cleanliness among others.

(2) The reports by Shuchi Mithra shall be submitted to the jurisdictional Ward committee and then forwarded to the grievance redressal system of BBMP, if necessary, as a means to ensure monitoring and implementation of these Bye-laws in the area. There shall be periodic meetings of members of the Shuchi Mithras and Ward committee, to ensure implementation of the Bye-laws and redressal of the issues highlighted in the reports prepared by the Shuchi Mithra. However, it shall not be construed that Shuchi Mithras are empowered with any enforcement or otherwise authority in implementing these Bye-laws.

CHAPTER X SWM CESS AND USER FEE FOR MANAGEMENT OF SOLID WASTE

26. Provisions with respect to SWM Cess& User Fee–

(1) SWM Cess- (i) All Waste Generators within the jurisdiction of BBMP shall mandatorily pay SWM Cessin line with the provisions of Karnataka Municipal Act / Rules towards maintaining street and public area cleanliness.

(ii) The rates of SWM Cess applicable shall be as specified in Schedule VI, part 1Aand is payable as part of Property Tax collected annually by BBMP.

(2)User Fee - (i) An SWM User Feeas per provisions of Rule 15(f) of SWM Rules 2016 shall also be payableby all Waste Generators excluding Bulk Waste generators for provisionof services for collection, transportation, processing and disposal of Solid Waste by BBMPto cover full or part cost at the rates as specified in Schedule VI, part1B. The SWM User Fee mentioned in Schedule VI, part1B shall stand automatically increased by 5% every year (rounded off to the nearest multiple of Rs. 5/- with effect from April 1st of each successive year, unless specifically increased to a higher level as per need, at any time during the year. These rates shall be advertised on the website of BBMP.

(ii) It is clarified that the Waste Generators other than Bulk Generators who process their segregated Solid Waste in accordance with these Byelaws including the on-sitecomposting or bio-methanation of wet wasteshall avail atleast 50% rebate on user fees to BBMP.

(iii) The SWM User Fee shall be collected in person or through online payment by BBMP and/or any other agency /Person authorised by BBMP. The periodicity and manner and mechanism of collection of User Fees shall be detailed through a separate order / notification.

(iv) A surcharge of 2% per month shall be charged if the Waste Generators fails to pay the User Fee within 3 months of raising the demand for the amount by BBMP. The surcharge amount may be revised from time to time by BBMP.

(v) In case of default of payment of SWM User Fee for more than 6 (six) months, BBMP or any other competent authority may recover the SWM User Fee along with the surcharge from the defaulter as taxes or recovery of sums payable by distress under the Karnataka Municipal Corporations Act, 1976. In addition, BBMP and/or the Notified Service Provider, as the case may be, shall also have the discretion to stop providing Solid Waste management services till such SWM User Fee along with the surcharge amount is paid by the defaulter.

(vi) All amounts collected as SWM User Fee by BBMP under these Byelaws shall be transferred to a separate escrow bank account maintained for funds used for Solid Waste Management. These amounts shall be necessarily used towards BBMP’s operation and maintenance costs for providing Solid Waste management services under these Bye-laws, salaries of personnel, incentives, grants and other uses as may be considered appropriate by BBMP from time to time. Such funds shall not be diverted for any other non-core SWM activities.

(3) Service Charge leviable on Bulk waste generators by Authorised Waste Processors:

(i) All authorized waste processors shall upfront declare to BBMP, their service charges leviable to Bulk Waste Generators.

(ii) Based on thedeclaration of service charges leviable for the Solid Waste management services provided by an Authorised Waste Processor, BBMP in turn shall publish the service charge guidance rates for the information of the waste generators so that they may not fall prey to unreasonable rates demanded on ground by the authorised waste processors.

(4) BBMP by itself or through an Agency or Service Provider shall prepare the database of all the Waste Generators within BBMP limits for the purpose of levying SWMCess/ User Fee and this database shall be updated regularly and published on the website of BBMP

CHAPTER XI NON-COMPLIANCE OF BYE-LAWS, SPOT FINES AND PENALTIES

27. Spot Fines- The Nuisance Detectors shall have the power to levy spot fines for violations of Bye-laws 18 (Littering) and Bye-laws 19 (Public Nuisance).However, the amount of such spot fines shall not normally exceed the amount specified in Schedule VII, unless necessitated and such higher fine ratified subsequently by an authority immediately higher to the authority levying the fine.

28. Penalties- (1)Whoever contravenes or fails to comply with any of the provisions of the SWM Rules and/or these Bye-laws shall be punished with a fine as specified in Schedule VII. In case of second contravention or non-compliance, BBMP shall have the power to levy a fine which could be upto twice of the amount oras specified against the offence in Schedule VII. In case of third contravention or non-compliance, BBMP shall have the power to levy a fine which could be upto thrice of the amount specified or more against the offence in Schedule VII.

Thereafter, in case of fourth contravention, BBMP shall have power to suspend / cancel trade license or take any other appropriate legal action against the offender, including filing of cases. In case the offence is of a serious nature having larger environmental impact or leading to public health hazard, higher fines than that notified in Schedule VII, upto Rs.5 lakhs, can be levied along with registering of cases with Police.

(2) The fine or penalty mentioned in Schedule VII shall be revised upward from time to time as per need and as decided by BBMP. In addition, BBMP, in accordance with applicable law, may at any time alter or amend or vary any of the entries as mentioned in Schedule VII of these Bye-laws in order to increase the penalties.

(3) BBMP shall take appropriate departmental action against the employees of BBMP, if any of them mix segregated Solid Waste at any point of collection or transportation, fail to pick up Solid Waste during the specified days and time-slots, or violate any of the provisions of these Bye-laws and the SWM Rules 2016, Such departmental action shall also include levy of penalties as per Schedule VII, initiation of disciplinary action, deductions from salaries or withholding of salaries itself. The above shall be applicable to all SWM Officials responsible for collection, transportation, processing and disposal operations.

(4) In the event that aNotified Service Provider or Selected Vendor or Authorised Waste Processor contravenes or fails to comply with any of the provisions of the SWM Rules and/or these Bye-laws, BBMP shall have the power to take any one or more of the following actions:

(i) levy a fine which may extend uptoRs. 50,000 (Rupees Fifty Thousand) for the first offence and for a second or subsequent offence, with fine which may extend upto twice the penalty amount for the first offence,

(ii) Seizing of vehicle and suspension / termination of contract or arrangement with BBMP for Solid Waste Management / C&D Waste management/ Bulk Waste management/ Solid Waste management, cancellation of registration certificate or any other authority granted by BBMP; and/or

(iii) suspension or revocation of any license to operate any Solid Waste collection, transportation or processing facility under these Bye-laws, SWM Rules and/or applicable regulations in BBMP jurisdiction for atleast five years.

(5) BBMP is at liberty to initiate appropriate proceedings under any other law in addition to any action under these Bye-laws and the Karnataka Municipal Corporations Act, 1976 as the case may be such as the Environment (Protection) Act, 1986, the Indian Penal Code, 1860, the Water (Prevention and Control of Pollution) Act 1974, the Air (Prevention and Control of Pollution) Act 1981 for violation of any provisions thereunder.

(6) All amounts collected as spot fines and penalties by and on behalf of BBMP under these Bye-laws shall be transferred to a separate escrow bank account maintained for funds for Solid Waste management. These amounts shall be used towards BBMP’s operation and maintenance costs for providing Solid Waste management services under these Bye-laws, salaries of personnel, incentives, grants and other uses as may be considered appropriate by BBMP from time to time and shall not be diverted for any other purposes.

29. Dumping of Solid Waste and Construction And Demolition Waste-

(1)The dumping of Solid Waste on vacant plot and depositing Construction and Demolition Waste at non-designated locations shall be dealt with by BBMP in accordance with the bye-laws for management of Construction and Demolition Waste and in the following manner, namely:

(a) BBMP may serve a notice on the relevant Waste Generator and/or Occupier of the Premises, as the case may be, requiring such Person to clear any waste on such premises in a manner and within a time specified in such notice.

(b) If the Person on whom the notice has been served fails to comply with the requirements imposed by the notice, BBMP shall take all or any of the following actions:

(i) enter on the premises and clear the waste and recover from the Person the expenditure incurred in having done so; or

(ii) impose penalties for dumping of Solid Waste or Construction and Demolition WasteuptoRs.50,000/-, as the case may be in accordance with these Bye-laws.

CHAPTER XII OTHER RESPONSIBILTIES AND DUTIES OF BBMP

30. Other Responsibilities and Duties of BBMP:-In addition to the responsibilities and duties specified in other Chapters of these Bye-laws, BBMP shall also have the following additional duties, namely:

(1) Ward Micro Plan:BBMP shall create a solid waste management micro plan for every Block in a Ward after discussions with relevant stakeholders and ensure its implementation along with the Ward Committee. The Ward Micro Plan for SWM shall contain the collection times for different categories of Solid Waste, details of the collection vehicles and points, Block-wise map of the Ward, roads/streets for street sweeping and optimal route map for collection and transportation of waste, manpower and other information required for effective implementation of the solid waste management as may be considered appropriate by BBMP. This ward micro plan shall be made available to public to access.

(2) Regular checks and review of Ward Micro plan: (a)The officers authorised/nodal office by BBMP shall conduct regular checks in various parts of the Wards and other places of collection, transportation, processing and disposal of Solid Waste within its territorial limits to supervise compliance of various provisions of SWM Rules and these Byelaws. In addition, authorised officers shall monitor and review the implementation of the Ward micro plan and prepare Ward action taken report on a monthly basis for onward submission to the Commissioner of BBMP, as the case may be.

(b)Any authorised officer of BBMP shall have right to enter, at all reasonable times, with such assistance as he considers necessary, any place for the purpose of (i) performing any of the functions entrusted to him by BBMP under these Bye-laws, or (ii) determine compliance of the provisions of these Bye-laws.

(3) Review of the functioning of Authorised Waste Processors registered with BBMP:BBMP shall regularly review the facilities and operations of the Authorised Waste Processors to ensure that they are in compliance with the authorisation and registration conditions, provisions of the SWM Rules and these Bye-laws. In the event of any noncompliance, including charging the waste generator more than that declared, BBMP can take action against the defaulting Authorised Waste Processors including notice of remedial action, cancellation of the registration for provision of services, imposition of fines and penalties as specified in these Bye-laws.

(4) Publicity and citizen information services: (i) In line with Rule 15 (zg), BBMP shall publicise the provisions of the SWM Rules 2016 and Bye-laws 2020 through the media, signs, advertisement, leaflets, announcement on radio and televisions, newspapers, publishing in BBMP website and through any other appropriate means, so that all citizens are made aware about the duties of citizens and BBMP in relation to provisions of segregation,recycling, littering, nuisance, penalties and fines.

BBMP shall provide information about composting, bio-gas generation, reuse &recycling and decentralised processing of waste at community level by conducting training classes, seminars, workshops and Compost Santhes.

(ii) The BBMP shall publish the solid waste management information manuals which will provide the detailed data and information at ward level and which will help support and guide the implementation process on ground. The same shall be updated from time to time.

(5) SWM Cell &Designated/nodal officers.-

(i) In order to streamline the planning, operations and management of the SWM System, BBMP shall setup Solid Waste Management Cell. The Cell shall continually strive to protect public health by providing quality waste management services which are integrated, inclusive and efficient and aim to carry out duties and responsibilities as listed out in Rule 15 of SWM Rules, 2016. The SWM Cell shall have a two level structure- At the Head Office and at the Zonal Level.

(ii) The official or authority concerned with enforcement of SWM Rules and these bye-laws shall designate officers/nodal officer under their control who shall be responsible for,

(a) implementing the responsibilities of BBMP specified under these Bye-laws,

(b) address grievances of the Waste Generators and suggestions for improvements in the implementation of the Bye-laws,

(c) levy fines and penalties, and

(d) other functions as may be deemed appropriate by BBMP, from time to time.

(6) Transparency and public accessibility- To ensure greater transparency and public accessibility, BBMP shall provide the following information, data and reports in relation to the activities under the Byelaws on its website through Information and Communication Technologies.

This information shall also be available in the offices of BBMP during its working hours such as,-

(a) Name and contacts of the Designated/nodal Officers who shall be responsible for implementing the obligatory responsibilities of BBMP specified under these Bye-laws;

(b) Monthly data about the quantity of each category of Solid Waste going to the different waste processing sites & Sanitary Landfills.

(c) statistics of complaints and actions taken by BBMP to address the complaints;

(d) Details of SWM Cess, SWM User Fee, penalties and spot fines collected by and on behalf of BBMP and the manner in which these amounts have been utilised;

(e) Details & reports of SWM vehicles movement tracked through GPS and Smart Data Centre set up for this purpose and

(f) Reports and status of compliance of various provisions of the SWM Rules and these Bye-laws including results of regular and surprise checks by BBMP.

(7) Extended Producer Responsibility: BBMP shall monitor and ensure compliance of the extended producer responsibility of manufacturers and producers under the SWM Rules 2016 and the Plastic Waste Management Rules 2016. BBMP shall engage with the State for ensuring that the funds available under EPR for specific streams of waste are made available towards the capital and operational cost for collection, transportation, processing and disposal of such wastes.

(8) Regular cleaning and Street Sweeping: (a) BBMP shall within its territorial area, be responsible for sweeping of all the streets, footpaths, pavements and cleaning of open roadside drains / mouth of shoulder drains from one end of the road to the other end on a daily basis or as indicated in the Street Sweeping norms in Schedule VIII. All the vegetation and weeds, on the roads footpaths, pavements and open roadside drains / mouth of shoulder drains shall be uprooted on a regular basis as per the schedule and disposed off along with street sweepings collected in the manner as prescribed from time to time and shall be transported by primary collection vehicles to the secondary vehicles. The kerbs and the medians shall also be cleaned everyday along with loose stones removal.

Care shall be taken that the sweeping activity does not hinder traffic movement on the roads and safety of the pourakarmika (street sweeper) is ensured.

(b) BBMP shall within its territorial area, be responsible for cleaning of all public places, slum areas, markets, parks, gardens etc and ensuring regular system of Street Sweeping through Pourkarmikas and/or using mechanical sweeper machines, if necessary. The frequency of Street Sweeping, location of community bins and related activities shall be determined and notified by BBMP having regard to vehicular and pedestrian traffic, density of population, extent of commercial activity, equipment used, labour welfare/safety and local situation in any Public Street or public areas as per the normative standards stipulated by the Government. BBMP shall provide adequate and appropriate cleaning tools and equipment such as brooms, collection plates, scrapers, spades, among others.

(c) The Solid Waste collected from these Street Sweepings shall be segregated if required and BBMP shall provide for transportation of,-

(i) Bio-degradable Waste to a convenient Bio-degradable processing facility;

(ii) Non-Biodegradable Waste to DWCC and materials recovery facility; and

(iii) Silt, dust, drain silt and other inert waste to the Sanitary Landfill and/or any other processing facility as may be notified by BBMP from time to time.

(iv) The normative standards for street sweeping (both manual and mechanical) shall be applicable as per Schedule III subject to the revisions made by BBMP from time to time.

(9) Creating Incentives: (1) BBMPwouldconsider creating system of incentives for adoption of decentralised processing of Bio-degradable Waste such as bio-methanation and composting throughawardsand recognition to the relevant Waste Generator by giving certificates and publishing their names on BBMP’s website.

(2) BBMP would also consider giving a rebate on SWM user fees for waste generatorspractising in-situ processing of wet waste through composting or biomethanation and recycling of dry waste.

(3) BBMPmay facilitate for transport of any extra compost, if available, from the Waste Generator. Certain exemptions and discounts may be considered on the basis of savings made by BBMP on account of in-situ processing or recycling by Waste Generators of Solid Waste at source.

(4) Zero-waste neighbourhoods, apartment complexes and commercial buildings shall be adequately incentivised by BBMP.

(5) BBMP shall also devise a system to incentivise its SWM officials who work towards achieving total segregation of waste, insitu processing of waste, and creation of more zero waste neighbourhoods.

(10) Chemical fertilisers: (1)BBMP shall phase out the use of chemical fertilizers and use compost in all parks, gardens maintained by it and wherever possible in other places under its jurisdiction.

(2)Preference shall be given to use compost produced at the small scale composting plants set up at public parks, playgrounds, recreation grounds and gardens by BBMPor that obtained from home/insitu composting done by public.

(11) Occupational safety: (1) BBMP shall ensure occupational safety of its own staff including Pourakarmikas and staff of the Agency involved in Solid Waste management activities by providing appropriate and adequate personal protective equipment (PPEs).

(2)BBMP shall also ensure that the operator of various waste processing facilities provides personal protection equipment (PPEs) including uniform, fluorescent jacket, hand gloves, raincoats, appropriate foot wear and masks to all workers handling Solid Waste and these are used by the workforce. In case of an accident at any processing and/or disposal facilities, the operator or person-in-charge of such facility shall report to the Head of BBMP in format specified in the SWM Rules 2016. The head of BBMP shall review the form, conduct an enquiryif necessary and issue appropriate instruction to the operator or person-in-charge of the facility with respect to compensation, medical expenses, rectification of the process or machinery that caused the accident among others.

(12) Grievance redressal: (1) BBMP shall strengthen its public grievance redressal system(s) including Sahaaya App/ portal making it accessible 24×7 for registering complaints regarding non-collection of Solid Waste, littering of waste, violations of these Bye-laws among others. These systems could be mobile applications, complaint centre, call centre, email, social media forums like whatsapp / twitter, chatbots and/or any other mechanism which BBMP may consider appropriate keeping in mind the population and quantity of Solid Waste generated. Hence the grievance may be submitted through telephone, email, post, on the mobile application and/or in person by any citizen within the territorial limits of BBMP.

(2) BBMP shall ensure that each SWM grievance is redressed in a timely and efficient manner with prescribed Service Level Agreements (SLAs) bearing in mind the type of grievance, inconvenience caused to public and the remedial action proposed to be taken.

(3)For BBMP employees such as Pourakarmikas, written grievances can be sent to section head of BBMP who shall be person in charge for grievance redressal for such BBMP employees.

(13) Training and public awareness: (1) BBMP by its staff shall ensure to create awareness to informal waste pickers to collect the waste in segregated form and to transport as per SWM Rules 2016 and procedure laid down in these byelaws.

(2) BBMP by itself or through experts in the field undertake awareness and outreach programmes about management of Solid Waste, responsibility of each stakeholder under the SWM Rules and these Bye-laws, reduction and minimising of Solid Waste and grievance redressal mechanisms under the Bye-laws.

(3) BBMP shall prepare and publish on its website lists of composting experts, licensed scrap dealers, dealers of recyclables, container / bin manufacturers, agencies with expertise in recycling, etc. who are registered by BBMP so as to facilitate and support the citizens in processing their Solid Waste.

(4) BBMP, shall, through the Link workers in the wardscarry out awareness activities to achieve stream-wise segregation, waste reduction through in situ composting and better management of SWM through training of Pourakarmikas in the wards.

(14) Conversion of all Government Offices within BBMP jurisdictioninto zero waste campuses and home composting of waste by officials : (1) BBMP shall make efforts to ensure that all Govt offices (Central, State and local government) shall practice in-situ processing of solid waste thereby transforming them into Zero Waste Campuses and become a model for others.

(2) As far as possible, all Govt officials residing within the territorial jurisdiction of BBMP shall be expected to compost their wet waste within their premises, thereby serving as an example for other residents to follow.

(15) Funds for Solid Waste management: BBMP shall make adequate provision of funds for capital investments as well as operation and maintenance of Solid Waste management services in the annual budget.The entire proceeds of SWM Cess and User Fees shall be kept aside for capital and revenue expenditure under SWM. Wherever the resources of BBMP are felt insufficient to meet its obligations towards SWM under SWM Rules 2016 and these byelaws, BBMP shall prepare an annual action plan seeking grants from State Government and submit it well in advance.

(16) Reduction of waste: BBMP shall make efforts to minimise and reduce the generation of Solid Waste by discouraging the production, sale and consumption of products containing unnecessary packaging material, disposable products through awareness programs and provision of incentives. The 3Rs of Reduce, Reuse and Recycle would be the guiding principle in waste handling and processing.

(17) Management of Legacy Waste: As already detailed at bye-laws 15, it is reiterated that BBMP, in accordance with SWM Rules, 2016 shall investigate and analyse all open dumpsites to undertake management of Legacy Waste in old dumpsites and landfills through appropriate measures such as bio-mining and bio-remediation as per the Guidelines for Disposal of Legacy Waste issued by CPCB. In the absence of the potential of biomining and bio-remediation options, the site containing legacy waste shall be capped as per the landfill capping norms to prevent further damage to the environment.

(18) Enforcement of Plastic Ban: (1) The penalty leviable for violation of the State’s Plastic Ban Notification No. FEE 17 EPC 2012 dated 11-03- 2016shall be as per the circular No. Comm/PR/774/2016-17 dated 04- 05-2016.

(2) For repeat violators, the fine amount shall be levied uptofive times the amount mentioned in the circular No. Comm/PR/774/2016-17 dated 04- 05-2016.

(3)Strict action will also be taken to close and seal the premises /suspend or even cancel the Trade Licence of those violating shops and establishments who continue using banned plastic even after repeated warnings and levy of penalties, for a minimum period of one yearatleast.

(4) The fines and penalties shall also be applicable on customers and general public who use single use plastics as banned in the Forest, Environment &EcologyDept. Notification dated 11-03-2016 and Circular dated 04-05-2016.

(5) BBMP shall have a right to conduct joint raids with KSPCB/revenue and other jurisdictional enforcement authorities and seal the premises of manufacturing units of banned single use plastic and levy penalties.

(6) All the seized banned plastics shall be shredded and stored at any of the designated facilities of BBMP before they are utilized for permissible uses such as laying of roads, co-processing, RDF feedstock, etc.

(7) With a view to push for usage of eco friendly reusables and in the interest of overall waste management, BBMP shall bring to notice of KSPCB and State Government, the details of certain one time use disposables which need to be banned within BBMP premises, if already not banned.

CHAPTER XIII MISCELLANEOUS

31. Coordination with Government bodies- BBMP shall co-ordinate with other government agencies and authorities, to ensure compliance of these Bye-laws within areas under the jurisdiction or control of such bodies.

32. Review of implementation–A Committee set up under the Commissioner, BBMP will review the effective implementation of these Bye-laws and whether any amendments or updating is required, at least twice a year or earlier if felt necessary, and take appropriate steps to ensure course correction such as evaluation of BBMP’s achievements against its targets.

33. Review of Bye-laws- BBMP shall review and assess if the provisions of these Bye-laws require any amendments or updating as and when necessary and, in any case, at least once every two years.

34. Repeal and savings-The Government order No-UDD 23 TCT 2004, Dated:

06.01.2005 and circular dt:13.08.2009 anddt:07.09.2009 is hereby repealed.

Provided that, such repeal shall not affect:

(i) the previous operation of the said order and circular or anything duly done or suffered there under; or

(ii) any right, privilege, obligation or liability acquired, accrued or incurred under the said order and circular;

(iii) any reference in the said order and circular shall be constructed as reference to these bye-laws; and

(iv) all proceedings commenced under said order and circular repealed and pending on the date of commencement of these bye-laws shall be continued and disposed off in accordance with the provisions of these bye-laws.

SCHEDULE I ILLUSTRATIVE LIST OF BIO-DEGRADABLE WASTE, RECYCLABLE NON BIO-DEGRADABLE WASTE, DOMESTIC HAZARDOUS WASTE BIOMEDICAL WASTE AND BULKY WASTE Part A – Illustrative list of Bio-degradable Waste:

(i) Kitchen waste including tea leaves, egg shells, fruit and vegetablepeels, leftover and/or stale food

(ii) Organic market waste such as fruit and vegetablepeels, rotten and/or spoilt vegetables and fruits

(iii) Meat and bones

(iv) Garden and leaf litter, including flowers

(v) Garden& Horticulture waste which includes grass & wood clippings, pruning, branches, twigs, leaves,tree trimmings etc.

(vi) Coconut shells

(vii) Wood/ leaf ashes Part B – Illustrative list of Recyclable Non Bio-degradable Waste*(listeditems/articles)

(i) Newspapers

(ii) Paper, books andmagazines

(iii) Glass

(iv) Metal objects and wire

(v) Plastic

(vi) Aluminum cans

(vii) Rexene

(viii) Rubber

(ix) Wood /furniture

(x) Packaging

(xi) Fabrics/ Clothes

(xii) Styrofoam

(xiii) Thermocol *The above is only indicative and not exhaustive and BBMP shall reserve the right to revise the list based on the identified processing and recycling destinations for each item.

Part C – Illustrative list of Domestic Hazardous Waste:

(i) Aerosol cans

(ii) Batteries

(iii) Bleaches and household kitchen and drain cleaning Agent

(iv) Car batteries, oil filters and car care products and consumables

(v) Oils, Chemicals and solvents and their empty containers

(vi) Cosmetic items, chemical-based Insecticides and their empty containers

(vii) Medicines including expired medicines

(viii) Paints, oils, lubricants, glues, thinners, and their empty containers

(ix) Pesticides and herbicides and their empty containers

(x) Photographic chemicals

(xi) Soft foam packaging from new equipment

(xii) Thermometers and mercury-containing products Part D – Illustrative list of Biomedical Waste:

(For a complete list, please refer to Schedule I of Biomedical Waste Management Rules, 2016)

(i) Items contaminated with blood, body fluids like dressings, plaster casts, cotton swabs and bags containing residual or discarded blood and blood components.

(ii) Expired or discarded medicines such as pharmaceutical waste like antibiotics, cytotoxic drugs including all items contaminated with cytotoxic drugs along with glass or plastic ampoules, vials etc.

(iii) Discarded linen, mattresses, beddings contaminated with blood or body fluid.

(iv) tubing, bottles, intravenous tubes and sets, catheters, urine bags, needles, scalpels, blades, syringes (without needles and fixed needle syringes and vacuutainerswith their needles cut) and gloves.

Part E – Illustrative list of Bulky Waste:

(i) Furniture and Furnishings such as wardrobes, tables, chairs, shoe racks, computer tables, beds, cots, chair, dining tables, sofas, mattresses,commodesetc.

(ii) Kitchen utensils

(iii) Musical instruments that do not qualify as E-waste.

Part F – Illustrative list of E- Waste:

i. IT and Telecommunication equipment / Consumer electrical and electronic products like TVs, Refrigerator, Washing machine, ACs, computer monitors, printers, scanners, keyboards, mice, cables, circuit boards, lamps, clocks, flashlight, calculators, phones, answering machines, digital/video cameras, radios, VCRs, DVD players, MP3 and CD players, Pen drives.

SCHEDULE II FORM OF ANNUAL RETURN BY A WASTE GENERATOR WHO DOES NOT USE THE SERVICES OF BBMP AND/OR ITS NOTIFIED SERVICE PROVIDER S.no Headings Details

1. Name and address of the Waste Generator Phone no:

Email address:

2. Type of Waste Generator Domestic household Commercial shop or establishment Educational institutions, school, college and research institutes Government offices, courts and other Premises occupied by the local, state or central governments Bulk Waste Generator Any other type of Waste Generator

3. Total quantity of Solid waste generated Quantity of Solid Waste generated per year Per capita waste generated per year

4. Percentage of households/units/buildings segregating the waste at source

5. Name and address of the Selected Vendor, if any

6. Whether Bio Degradable Waste is processed on site or through Selected Vendor / Authorisedprocessor Yes/No

7. Quantity of the Biodegradable Waste collected per year

8. Details of technologies adopted for processing Bio Degradable Waste Composting Qty. Bio Degradable Waste processed per year Qty. of compost produced per year Quantity of residual waste generated per year Biomethanation Qty. Bio Degradable Waste processed per year Qty. of biogas produced per year Quantity of residual waste generated per year

9. Quantity of the Non-Biodegradable Waste collected per year

10. Quantity of the Domestic Hazardous Waste collected per year

SCHEDULE III PUBLIC NOTICE NOTIFYING BULK WASTE GENERATOR Whereas the Solid Waste Management (SWM) Rules 2016 notified by the Government on April 08, 2016 mandate the Bulk Waste Generators of Solid Waste and specified new constructions to carry out certain waste management functions by themselves, the_ _ _ _ _ _ _ _ _ _ _ (name of BBMP), notwithstanding any other rule/provision, hereby directs all Bulk Waste Generators of Solid Waste defined as (i) Residential generators more than 100 units generating (ii) Commercial and Institutional generators with an area of 5000sqm and or more generating above 100 kgs to implement the provisions of the SWM Rules 2016 and the effective from the date of these Bye-laws including segregation of Solid Waste into 3 (three) streams (Bio-degradable, Non-Biodegradable and Domestic Hazardous Waste including Sanitary Waste) at source, on-site processing and treatment of Bio-degradable Waste, hand over of recyclables to authorized waste pickers or authorized recyclers and residual waste to waste collectors / agencies.

Detailed instructions are available in the Bye-laws available at BBMP website.

All Waste Generators falling within the definition of the Bulk Waste Generators will be classified as such, unless they submit within the notice period, a selfdeclaration of not falling within the bulk waste generator category for reasons mentioned thereof. Such self-declaration will be subject to verification and applicable penal costs if found untrue. Such self-declarations shall be submitted to BBMP for enabling verification. Self-declarations sent/submitted after the due date will be summarily rejected.

Any violation of the SWM Rules 2016 and/or these Bye-laws notice will attract applicable penal charges/fines as stated in the Bye-laws of BBMP.

The declaration if found false at a later date will attract penalties as per the Bye-laws of BBMP.

Place:

Authorised Signatory for BBMP

SCHEDULE IV INDIVIDUAL NOTICE FORMAT FOR BULK WASTE GENERATOR To <Insert name of the proposed Bulk Waste Generator> Subject: Categorization as Bulk Waste Generator Sir/Madam/Messers, Considering the activities/ business carried out at your premises and/or area occupied by you, the competent authority (BBMP Name) has designated you as Bulk Waste Generator. Accordingly, you are directed to comply with the provisions of the SWM Rules, 2016, Bye-laws and implement segregation of waste at source, segregated storage within premises and processing and treatment of Bio-degradable Waste within premises or in the exceptional case of space constraint, processing tied-up with Authorised Service Provider.

In case you claim not to be a Bulk Waste Generator, you are required to submit a self-declaration to that effect within 20 days; otherwise it will be deemed that you have no objection to be classified as a Bulk Waste Generator.

The self-declaration proforma is attached which should be filled up and submitted to BBMP’s designated officers and acknowledgement obtained, which will serve as “Certificate of Non-Bulk Waste Generator” till a verification certificate is issued. In case your self-declaration is found untrue, the same will be cancelled and penalties in accordance with the Bye-laws will be levied.

________________ Authorised Signatory for the Commissioner BBMP

SCHEDULE V SELF-DECLARATION FORMAT (for Non-Bulk Waste Generator) I/We/M/s.**____________________________________ located at premises __________________ _______________(address) ______________ (phone) _________________(mobile)_____________ (e-mail) and holder of __________________________ urban local body occupancy certificate/ Property Tax Assessment No.________________________ or trade license no._________________. The business activity at the premises is ____________________________.

I/We/M/s.______________________________________ hereby self-declare that we do not fall under the category of bulk waste generator as defined in the SWM Byelaws.

I/We/M/s._______________ understand that the __________________BBMP is free to enter the premises to check and verify the above declaration and in case found untrue, this self-declaration becomes void and I/we/M/s. can be categorized as Bulk Waste Generator and ____________BBMP can impose penal charges as applicable from the date of effect for Bulk Waste Generator’s responsibilities as per public notice.

(Authorized signatory) For the Premises Occupier/Owner To ______________BBMP ** strike out whatever not applicable

SCHEDULE VI SWM CESS AND USER FEE (IN INDIAN RUPEES)

PART IA – SWM CESS (payable by all Waste Generators along with Property Tax towards maintaining street & public area cleanliness) S.

No.

Type of Waste Generator SWM Cess (Per Month) A Residential Buildings (As per the definition of residential waste generators) 1 Plinth area upto 1000 sqft 10 2 Plinth area from 1001 sqft to 3000 sqft 30 3 Plinth area above 3000 sqft 50 B Commercial Buildings(As per the definition of Commercial andInstitutional waste generators) 1 Plinth area upto 1000 sqft 50 2 Plinth area from 1001 sqft to 5000 sqft 100 3 Plinth area above 5000 sqft 200 C Industrial Buildings (As per the definition of Commercial waste generators) 1 Plinth area upto 1000 sqft 100 2 Plinth area from 1001 sqft to 5000 sqft 200 3 Plinth area above 5000 sqft 300 D Hotels, KalyanaMantapas and Health Care Establishments(As per the definition of Commercial waste generators) 1 Plinth area upto 10000 sqft 300 2 Plinth area from 10001 sqft to 50000 sqft 500 3 Plinth area above 50000 sqft 600

PART IB – SWM User Fees (payable byAllWaste Generator other than Bulk Waste Generators not availing SWM services of BBMP) S.

No.

Type of Waste Generator (excluding Bulk Waste Generators who do not avail SWM services of BBMP) SWM User Fees (in Rupees Per Month) Residential Waste Generators 1 All categories 200 Commercial and Institutional Waste Generators 2 Waste generation equal to or less than 5 kg per day 500 3 Waste generation equal to or less than10 kg per day 1,400 4 Waste generation equal to or less than25 kg per day 3,500 5 Waste generation equal to or less than 50 kg per day 7,000 6 Waste generation equal to or less than100 kg per day 14,000 Vacant Sites 7 Vacant sites Rs. 0.20 per Sq.ft Construction and Demolition Waste 8 Collection and transportation of Construction and Demolition Waste As opined /decided by BBMP through general/ Special orders/Notifications/ Special Rules 9 Processing of Construction and Demolition Waste Rs.134 per MT (As amended by BBMP from time to time) Events held in public places and at private venues within the jurisdiction of BBMP (in Rupees) 10 Exhibitions, Entertainment programmes conducted temporarily at Marriage halls, Community halls, Hotel, under construction sites/ open places, market area etc - a) upto one week 1,500 b) more than one week and less than one month 3,000 c) more than one month 6,000 11 Cleanliness Refundable Deposit for events and gatherings in public places (one time) {Excluding Government sponsored programmes& events} - a) 500-5000 people gathering 10,000 b) 5000-10,000 people gathering 25,000 c) 10,000-25,000 people gathering 50,000 d) More than 25,000 people gathering 1,00,000 12 User Fee for collection, transport and processing of Solid Waste generated for events and gatherings in public places (one time) {Excluding Government sponsored programmes& events} Rs.6 per kg of waste generated or lumpsum cost on actual basis.

 The above SWM User Fees are over and above the mandatory SWM Cess payable and can subsequently be modified at any point of time, through notification.

SCHEDULE VII

SCHEDULE OF PENALTY (IN INDIAN RUPEES) S.no Non-compliance and type of Waste Generator Penalty/ fine for the first offence Penalty for the second and subsequent offence

1. Littering, spitting, urinating, open defecating or committing any other acts of Public Nuisance 1,000 2,000

2. Failure to segregate and/or handover Solid Waste according to these Bye-laws by

(i) By Domestic Waste Generators (who are not Bulk Waste Generators).

(ii) By Waste Collector (including SWM officials) who collects mixed waste or mixes different streams of waste and transports.

(i) 1,000

(ii) 2,000

(i)2,000

(ii) 3,000

3. Failure to segregate Solid Waste according to these Bye-laws / littering / handing over waste to unauthorized waste collectors by

(i) small commercial establishments

(ii) Larger commercial establishments

(iii) Bulk Waste Generators.

(iv) By Waste Collector (including SWM officials) who collects mixed waste or mixes different streams of waste and transports from commercial / bulk waste generator.

(i)5,000

(ii) 10,000

(iii) 15,000

(iv) 5,000 /10,000

(i) 10,000

(ii) 20,000

(iii) 30,000

(iv)10,000 /20,000

4. Failure to store and/or deliver Construction and Demolition Waste in a segregated manner or dumping of Construction and Demolition Waste 10,000/tonne, 25,000/tonne

5. Disposal of Solid Waste by burning, dumping and/or un-authorised burial by any Waste Generator (who is not a Commercial or Bulk Waste Generator)* 10,000

6. Disposal of Solid Waste by Burning, Dumping and/or Unauthorised Burial by a Commercial / Bulk Waste Generator* 25,000

7. Failure to deliver (non-household) fish, poultry and slaughterhouse waste in a segregated manner to the waste collector as specified in the Bye-laws or dumping of (nonhousehold) fish, poultry and slaughterhouse waste in community bin, Receptacle, public place or any other unauthorised 2,000 3,000 place.

8. For a Street Vendor without a container/waste basket and/or who does not deliver Solid Waste in a segregated manner as specified in the Bye-laws 300 500

9. Issuance of false self-declaration under these Bye-laws to avoid being classified as a Bulk Waste Generator 10,000

10. Failure to comply with any lawful directions issued by the Commissioner to ensure cleanliness and hygiene of Road, Bus Station, Railway Station, Street, playground, Park and other premises of public utility 500 1,000

11. Any other irregular deposit of litter, rubbish, filth or any other solid matter.

500 1,000

12. Vacant Sites left unattended in a filthy and unhygienic manner by owner heading to public health hazard 25,000 Ranging from 50,000 to 1,00,000 13 Bulk Waste Generator not practising processing of wet waste on premises as per these byelaws 10,000 25,000 * As per NGT directions dated 15-3-2019 with regard OA no 606 of 2018 Enforcement of Plastic Ban

13. Trading, retailing, selling of banned plastic items# 50,000 1,00,000

14. User of banned plastic items# Commercial Users 25,000 50,000 Domestic Users 500 1,000 # As perPlastic Ban Notification No. FEE 17 EPC 2012 dated 11-03-2016 and subsequent amendments thereof.

Penalty for non-compliance at Events and Public Gatherings Sl.

No.

Offence Penalty amount based on no. of people at event (in Rupees) No. of people <5,000 5,001- 10,001- >25,000 10,000 25,000

1. Carrying out event without permission 2,500 5,000 10,000 50,000

2. Violation of plastic ban a. Plastic & NWPP bags 3,500 7,000 25,000 50,000 b. Plastic/ thermocol for serving food and beverages 3,500 7,000 25,000 50,000 c. Use of flex, plastic sheets, etc. 3,500 7,000 25,000 50,000

3. Failure to tie up with an authorized vendor for management of waste from the event venue 2,500 5,000 20,000 40,000

4. Non-provision of waste receptacles for depositing segregated waste 2,500 5,000 20,000 40,000

5. Failure to store segregated waste at event venue 5,000 10,000 50,000 1,00,000

6. Burning of waste on premises (or at any other site) or disposal non-compliant with SWM Rules, 2016 5,000 10,000 1,00,000 2,00,000 *For grave offences and repeat violators, penalty upto and not exceeding Rs.5 (Five) lakhs in each case, can be levied by Penalty levying officials and Nuisance detectors.

SCHEDULE VIII NORMS FOR SWEEPING OF ROADS A. MANUAL SWEEPING Sl.

No.

Street type Specification Frequency of sweeping Coverage Norms

1. Major Roads Only footpaths [0.5-2.5 m width, both sides] Daily 0.75 - 1 km/day Only footpaths [>2.5 m width, both sides] Daily 0.5 km/day Full width [one side, i.e. footpathkerbside-median] Daily 0.35 km/day Full width [both sides, i.e. footpathkerbside-kerbside-footpath] Daily 0.35 km/day

2. Intermediate Roads Only footpaths [0.5-2.5 m width, both sides] Daily 0.75 - 1 km/day Only footpaths [>2.5 m width, both sides] Daily 0.5 km/day Full width [incl. footpath] Daily 0.5 km/day

3. Minor Roads Full width[incl. footpath] Daily*

0.75 - 1km/day;

0.5 km/day [if PK deployed for gang work] Full width [incl. footpath] Thrice a week Full width [incl. footpath] Bi-weekly Full width [incl. footpath] Once a week Full width [incl. footpath] Once in 15 days * Upto 100% of the minor road length can be considered for daily sweeping in Core Zones while other Zones can consider upto 25-30% of minor road length for daily sweeping.

B. MECHANICAL SWEEPING Sl.

No.

Street type Specification Frequency of sweeping Sweeping length

1. Major& Intermediate Roads Single lane (Ex: 10 km effective length of 4 lane road; 20km effective length of 2 lane road; 40km effective length of 1 lane road) Daily/ Alternative days/ Biweekly 40 km/day *****

CHAPTER I GENERAL

CHAPTER II SEGREGATION AND PRIMARY STORAGE

CHAPTER III COLLECTION, TRANSPORTATION AND DISPOSAL OF SOLID WASTE

CHAPTER IV PROCESSING AND DISPOSAL OF SOLID WASTE

CHAPTER V WELFARE OF POURAKARMIKAS AND INTEGRATION OF THE INFORMAL SECTOR

CHAPTER VI LITTERING AND PUBLIC NUISANCE

CHAPTER VII IDENTIFICATION OF BULK WASTE GENERATORS AND THEIR DUTIES

CHAPTER VIII EVENTS AND PUBLIC GATHERINGS

CHAPTER IX DUTIES OF THE WARD COMMITTEES AND SHUCHI MITHRA

CHAPTER X SWM CESS AND USER FEE FOR MANAGEMENT OF SOLID WASTE

CHAPTER XI NON-COMPLIANCE OF BYE-LAWS, SPOT FINES AND PENALTIES

CHAPTER XII OTHER RESPONSIBILTIES AND DUTIES OF BBMP

CHAPTER XIII MISCELLANEOUS

SCHEDULE I ILLUSTRATIVE LIST OF BIO-DEGRADABLE WASTE, RECYCLABLE NON BIO-DEGRADABLE WASTE, DOMESTIC HAZARDOUS WASTE BIOMEDICAL WASTE AND BULKY WASTE

SCHEDULE II FORM OF ANNUAL RETURN BY A WASTE GENERATOR WHO DOES NOT USE THE SERVICES OF BBMP AND/OR ITS NOTIFIED SERVICE PROVIDER

SCHEDULE III PUBLIC NOTICE NOTIFYING BULK WASTE GENERATOR

SCHEDULE IV INDIVIDUAL NOTICE FORMAT FOR BULK WASTE GENERATOR

SCHEDULE V SELF-DECLARATION FORMAT

SCHEDULE VI SWM CESS AND USER FEE

SCHEDULE VII

SCHEDULE OF PENALTY

SCHEDULE VIII NORMS FOR SWEEPING OF ROADS