(1)In these Bye-laws, unless the context otherwise requires,-
(a)“Agency or Service Provider” means 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 which has been appointed or authorised by Urban Local Body (hereinafter referred to as ULB) to act on its behalf including an Empanelled Vendor, for discharge of duties or functions under the SWM Rules and these Bye-laws in a manner that is in compliance with all applicable regulations including labour law.
(b) “Block” means a unit of the Ward which contains approximately seven hundred and fifty households, upto three hundred small shops and commercial establishments, streets and roads connecting these households and establishments, which may be adjusted by the ULB as per capita generation of Solid Waste and other local conditions.
(c) “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 set out in Part D of Schedule I.
(d) “Bulk Garden / Horticultural Waste” means bulk waste from 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, which cannot be accommodated in the daily collection system for Bio-degradable Waste.
(e) “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 the ULB and/or for collection of waste, inconvenient to be accommodated in the daily Door to Door Collection system provided by the ULB. Example Old mattress, old furniture or other bulky waste.An illustrative list as set out in Part E of Schedule I.
(f) “C and D Rules” means the Construction and Demolition Waste Management Rules, 2016 including notifications, orders and directions issued by the ULB and/or appropriate governmental authority pursuant to these rules.
(g) “Construction and Demolition Waste” shall have the same meaning as assigned to them in clause (c) of sub-rule (1) of rule 3 of Construction and Demolition Waste Management Rules, 2016;
(h) “CPCB” means the Central Pollution Control Board;
(i)“Dry Waste Collection Centre or DWCC/Material Recovery Facility or MRF” means a decentralised waste management facility to aggregate, store, sort and handle Recyclable and Non-Recyclable Dry Waste that is operated by the ULB and/or the Agency/Service Provider;
(j) "E-waste" shall have the same meaning as assigned to them in clause (r) of sub-rule (1) of rule 3 of the E-Waste (Management) Rules, 2016;
(k) “Empanelled Vendor” means any company, registered society, trust, partnership, limited liability partnership and/or registered entity including registered organisation of Waste Pickers and/or Waste Traders empanelled with the ULB for providing services relating to Solid Waste management after ULB carries out a due diligence exercise to verify if such persons/entities have the necessary infrastructure to carry out the duties or functions under the SWM Rules and these Bye-laws including approved destinations for processing of Solid Waste;
(l) “KSPCB” means the Karnataka State Pollution Control Board;
(m)“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 neighborhood, market or locality that may or may not be registered with the Registrar of Co-operative Societies;
(n) “Nuisance Detectors” mean (i) those employees of ULB such as Health Inspectors, Sanitary Supervisors etc. and/or
(ii)retired defence personnel who are lawfully designated by ULB to detect acts of Public Nuisance under these Bye–laws;
(o) “Identity Card” means an identity card issued by the ULB to Waste Pickers & other workers involved in handling and management of Solid Waste which states the full name, age, address, photograph and occupation of such persons;
(p) “Occupier” means and includes,- i. 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;
ii. an owner in occupation of, or otherwise using his land, building(s), room(s) and/or similar premises;
iii. a rent- free tenant of any land, building(s), room(s) and/or similar premises;
iv. a licensee in occupation of any land, building(s), room(s) and/or similar premises;
v. 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 relevant head of a government department, in respect of properties under their respective control.
(q) “Point to Point Collection” means the system of collection of Solid Waste from specific pick-up points as designated by the ULB, up to which the Waste Generator must bring the collected and segregated Solid Waste for storage at collection points/waste depots/designated locations or onward delivery in vehicles so provided by the ULB and/or the Agency/Service Provider;
(r) “Pourakarmika” means and includes the meaning assigned to them in clause (27) of section 2 of the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977);
(s) “Public Nuisance” means any act, omission, offence or wrong-doing in any public place which causes or is likely tocause 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;
( t)“Public Street” shall have the meaning assigned to them in clause (24) of section 2of the Karnataka Municipalities Act 1964;
(u)“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 the ULB to 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;
(v)“Receptacle” means container, including bins and bags, used for the storage of any category of Solid Waste;
(w)“Recyclable Non-biodegradable Waste” means Non-biodegradable Waste that can be transformed through a process into raw materials for producing new products, which may or may not be similar to the original products, an illustrative list as set out in Part B of Schedule I;
(x)“Resident Welfare Associations” means a group or association of owners or occupiers of residential premises of a particular neighbourhood or locality that may or may not be registered with the Registrar of Co-operative Societies;
(y)“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, syringes from households and any other similar waste;
(z)“Street Sweeping” means the sweeping and collection of Solid Waste from public streets, divider/median, footpath, and other public areas and cleaning of surface drains/ trenches (less than One meter width) abutting Public Streets and related activities;
(z-1)“SWM Rules” means Solid Waste Management Rules, 2016 published by the Central Government under the Environment (Protection) Act, 1986;
(z-2)“SWM service charges” means a fee imposed by the ULB on the Waste Generator to cover full or partial cost of providing Solid Waste collection, transportation, processing and disposal services by the ULB and/or the Agency/Service Provider in accordance with these Bye-laws;
(z-3) “Urban Local Body (ULB)” means the city municipal council, town municipal council, town panchayats and notified areas under the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964); and (z-4)“Waste Traders” means persons or entities such as scrap dealers, itinerant buyers and traders who are involved in the sorting, sale and purchase of Recyclable Non-biodegradable Waste.
(2)The words and expressions used but not defined in these Bye-laws shall have the same meaning assigned to them in the SWM Rules.
CHAPTER II SEGREGATION AND PRIMARY STORAGE