(1) The processing facilities should have weighing scales to measure and record the amount of waste brought to the units. 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 protection and 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. All processing facilities shall comply with any additional standards, specification and guidelines notified by KSPCB, CPCB, ULB and/or relevant authority or prescribed by any law for the time being in force.
(2) the recommended layout and specifications of decentralised processing units such as set out in Schedule II;
i. organic waste converter/Decentralized Wet Waste Processing Unit;
ii. bio-methanization unit;
iii. Dry Waste collection centres and materials recovery facilities; and iv. coconut waste processing unit.
13. Other provisions relating to processing of Solid Waste,-(1)Within six months from the effective date of the Bye-laws, it shall be mandatory for new buildings, structures, gated communities, group housing, corporate or commercial complexes, institutions and/ or constructions which propose to have more than 200 dwelling units or a plot area exceeding 5000 sqm to,- i. allocate space for collection, storage & processing of Solid Waste in proportion to the estimated quantum of Solid Waste that will be generated; and ii. set up processing units for onsite processing of Bio-degradable Waste through composting, bio-methanization and/or any other technology approved by KSPCB/CPCB or any other appropriate government authority.
(2) Depending on availability of space, the ULB shall, either through itself or an Agency/Service Provider, set up composting, bio-methanization or any other suitable facility for processing Bio-degradable Waste in,- i. fruit and vegetable markets organised/set up by Market Associations (excluding Agricultural Produce Market Committee) generating 100 kgs or more of Solid Waste per day; and ii. any other markets or bazaars notified by the ULB from time to time.
In the event there is no space to set up a Bio-degradable Waste processing facility in the market Premises, the collection vehicle for Bulk Waste Generators shall collect the Bio-degradable Waste from these markets at set out times and dates as per byelaw 20 (2).
(3) The markets managed and/or set up by the Agricultural Produce Market Committee shall,-
(i) mandatorily ensure that their Bio-degradable Waste is processed through composting, bio-methanization or any other methods approved by the KSPCB/CPCB within their respective premises;
and
(ii) use fresh Bio-degradable waste as animal feed if such waste is safe for consumption by livestock; and
(iii) handover their Dry Waste to the collection vehicle that will be provided by the ULB on dates and times notified by the ULB. For collection and processing of the Non-Biodegradable Waste, such markets shall be liable to pay the SWM Service Charge as set out in Schedule - VII.
(4) The ULB shall enforce processing of Bulk Horticulture and Garden Waste in parks, gardens and similar appropriate places, as far as possible. The ULB through itself and/or an Agency/Service Provider, shall set up small scale composting or bio-methanization plants (i.e. processing less than five tons of Biodegradable Waste per day) in public parks, playgrounds, recreation grounds, gardens, markets, large vacant lands owned and maintained by ULB, any other public authority or governmental department.
(5) The ULB 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.
(6) The Agency/Service Providers and/or Empanelled Vendors 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 the ULB (or the Agency/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 set out in Schedule-III. The Service Providers and Empanelled Vendors will also be required to submit periodic filings to the ULB with respect to its operations as per directions issued by the ULB from time to time.
14. Disposal of Solid Waste,- (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.
(2) Disposal by burning of any type of Solid Waste at any Premises, roadsides, any private or public property is prohibited.
(3) ULB 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 and associated infrastructure for disposal of residual waste (i.e. Solid Waste which cannot be processed in accordance with Bye-laws 11.(1) to (7) and inerts. The ULB shall also investigate and analyse all old open dumpsites and existing operational dumpsites for their potential of bio-mining and bio-remediation and wheresoever feasible, take necessary actions to bio-mine or bio-remediate the sites. In absence of the potential of bio-mining and bio-remediation of dumpsite, it shall be scientifically capped as per landfill capping norms issues by CPCB and/or KSPCB to prevent further damage to the environment. The bio-remediation or capping of old and abandoned dumpsites shall be carried out by the ULBs within three years of notification these Bye-laws.
CHAPTER V WELFARE OF POURAKARMIKAS AND INTEGRATION OF THE INFORMAL SECTOR
15. Welfare, occupational safety and training of Pourakarmikas and other personnel
(1) Welfare measures,- i. The ULB shall ensure compliance of all labour and welfare regulations and schemes applicable to Pourakarmikas and other eligible 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.
ii. The construction and maintenance of residential quarters for the Pourakarmikas in accordance with Section 58 of the Karnataka Municipal Corporations Act, 1976 shall be complied with.
iii. There shall be regular medical check-ups of the Pourkarmikas and other eligible workers working in waste management for occupational diseases and shall include examination of respiratory organs and treatment of skin injuries and other occupational diseases.
(2) Protective equipment and other facilities: The ULB shall ensure that two pairs of uniforms, shoes, hand gloves and other appropriate personal protective equipments are provided to all Pourakarmikas including other eligible workers working in waste management. The ULB shall also provide potable drinking water, toilets and first-aid facilities to all the Pourakarmikas & other eligible workers involved in waste management.
(3) Training and capacity building: Training shall be undertaken by the ULB 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 set out in the SWM Rules and these Bye-laws, environment, health and safety standards among others.
16. Integration of informal sector workers,-
(1) Issuance of Identity Cards: The ULB shall, either through itself or reputed non-governmental, community or educational / research organisations, carry out surveys and drives for identification and issuance of Identity Card to Waste Pickers. The ULB shall maintain records of Waste Pickers within its jurisdictions.
(2) Registration of Waste Traders: The ULB shall, either through itself or reputed non-governmental, community or educational / research organisations, carry out surveys and drives for identification and registration / licensing of Waste Traders. The format for registration and licensing is attached as Schedule IX to these Bye-laws.
(3) Involvement in Solid Waste management activities: The ULB 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 the formal system of Solid Waste management. The ULB shall involve organisations of Waste Pickers and / or Waste Traders who fall within the meaning of “Agency / Service Provider” in the operation of DWCCs and materials recovery facility depending on the availability and experience of such Waste Pickers and / or Waste Traders and ULB requirements. The ULB shall also enable delivery and sale of Non-Biodegradable Waste (especially non-Recyclable Non-Biodegradable Waste) from Waste Pickers at DWCCs and materials recovery facilities. The Waste Generators, ULB, Agency / Service Providers and other persons involved in Solid Waste management shall be allowed to sell Recyclable Non-Biodegradable Waste to the Waste Traders at mutually agreed rates.
(4) Training and capacity building: Training and capacity building exercises shall be undertaken by the ULB, either through itself and / or reputed Agency / Service Providers to train and educate Waste Pickers, Waste Traders and other informal sector players 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
17. Prohibition of littering and provision of community bins
(1) Littering in any public, open or vacant property: 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 Municipalities Act, 1964, the SWM Rules, or any other applicable act or rules or guidelines framed thereunder.
(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 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) Litter by owned/pet animals: it shall be the responsibility of the owner of any pet animal to promptly scoop or clean up any litter created by such pet on the street or any public place and take adequate steps for the proper disposal of such waste as Bio-degradable Waste.
(5) Community bins in public places: The ULB shall provide and maintain suitable community bins / Receptacles on public spaces such as roads (preferably in commercial areas), streets, gardens, parks and similar places, through itself or through an Agency / Service Provider where litter can be deposited by the public. Every community bin / Receptacle shall be separate for Bio-degradable Waste and Non Bio-degradable Waste. The ULB and / or the Agency / Service Provider shall ensure that the community bins / Receptacle are not overflowing or exposed to open environment and prevent their scattering by rag pickers, stray animals or birds etc.
18. 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. 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.
(2)Nuisance Detectors: The ULB shall provide and strengthen the system of Nuisance Detectors by providing them,- i. the power to levy spot fines in accordance with Schedule VIII; and ii. suitable uniforms and vehicles.
CHAPTER VII IDENTIFICATION OF BULK WASTE GENERATORS AND THEIR DUTIES
19. Identification of a Bulk Waste Generator
(1) Public notice and verification: Within thirty days of these Bye-laws coming into force or there after from time to time the ULB shall issue a public notice in the format set out Schedule IV informing the public about the provisions relating to Solid Waste management which are applicable to Bulk Waste Generators. In addition, the ULB through itself or an Agency/Service Provider, shall carry out field survey as per its own records to identify individual Bulk Waste Generators and issue notices to them as per the format set out in Schedule V instructing them to comply with the applicable provisions of SWM Rules and these Bye-laws.
(2) Self declaration: The individual Waste Generator identified by the ULB under Bye-laws (1) shall have the option for self-declaration as non-Bulk Waste Generator in accordance with the format set out in Schedule VI. The Bulk Waste Generator may also at a later date apply for declassification from such category by submitting the declaration in the form set out in Schedule VI to the ULB.
(3) Penalties: If any self-declaration is found untrue, the Occupier of the Premises shall be penalised in accordance with Schedule VIII and such amount shall be computed from the date of effect as per public notice under Bye-laws 19.(1) till the date of actual payment of penalty by such Bulk Waste Generator.
20. Duties of Bulk Waste Generators,-(1)All Bulk Waste Generators shall ensure segregation of Solid Waste at source within their Premises in the manner set out in Bye-laws 4 and facilitate collection, processing and disposal of segregated Solid Waste in the manner set out in these Bye-laws. The Bulk Generators may obtain the services of an Empanelled Vendor for collection, processing and disposal of segregated Solid Waste on mutually agreed terms including fees for such services.
(2) In the event the Bulk Waste Generator is unable to process their Biodegradable Waste onsite due to space constraints and is unable to engage services of an Empanelled Vendor, then the ULB shall manage as per the Door to Door Collection system with following conditions. This clause is not available to any Waste Generator covered under Bye-laws 13.(1) i. For a period of two years from the effective date of these Bye-laws in case of ULBs having a population of less than 10,00,000; an ii. For a period of one year from the effective date of these Bye-laws in case of ULBs having a population of 10,00,000 or more.
(3) All Bulk Waste Generators (except markets and bazaars as identified under Bye-laws 13.(2) shall,- i. process their Bio-degradable Waste through composting, biomethanization or any other methods approved by KSPCB/CPCB within their respective premises; or ii have their Bio-degradable Waste processed by the Empanelled Vendor engaged by them at the approved destinations.
Upon the expiry of the above mentioned time-period, in the event any Bulk Waste Generator continue using the ULB collection and processing systems, it shall be liable to pay twice the SWM User Fees set out in Part II of Schedule VII.
(4) All Bulk Waste Generators shall, either,- i. by their own arrangement, process the Non-biodegradable Waste in accordance with these Bye-laws and SWM Rules;
ii. engage Empanelled Vendors for collection, transportation and processing of their Non-Biodegradable Waste on mutually agreed terms; or iii. handover their Non-Biodegradable Waste to the ULB collection vehicle as a part of the Door to Door Collection System on payment of SWM Service Charge as set out in Schedule VII.
(5) All Bulk Waste Generators shall either,- i. engage Empanelled Vendors for collection, transportation and processing of their Domestic Hazardous Waste and Sanitary Waste on mutually agreed terms; or ii. handover their segregated Domestic Hazardous Waste and Sanitary Waste to the ULB collection vehicle as a part of the Door to Door Collection System on payment of SWM Service Charge as set out in Schedule-VII.
CHAPTER VIII EVENTS ANDPUBLIC GATHERINGS