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Section 31: Repeal and savings

The Karnataka Municipalities Solid Waste Management Model Bye-laws, 2019.State Rules of Karnataka · 1964

The Government order No-UDD 23 TCT 2004, Dated: 06.01.2005 and circular No. ¥Ë¤:WÀªÀ¤:J¸ï.JZï.f:¹.Dgï:13:08-09 ¢£ÁAPÀ:

07.09.2009is hereby repealed.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 a 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 all proceedings commenced under said order and circular repealed and pending on the date of commencement of these bye-laws shall be continued and disposed off in accordance with the provisions of these bye-laws.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 [see bye-laws 3(c)(iii), 3(e) and 3(w)] ILLUSTRATIVE LIST OF WET WASTE, DRY WASTE, DOMESTIC HAZARDOUS WASTE BIOMEDICAL WASTE AND BULKY WASTE Part A – Illustrative list of Wet Waste:

i. Kitchen waste including tea leaves, egg shells, fruit and vegetable peels, leftover and/or stale food ii. Organic market waste such as fruit and vegetable peels, rotten and/or spoilt vegetables and fruits iii. Meat and bones iv. Garden and leaf litter, including flowers v. Coconut shells vi. Wood/ leaf ashes Part B – Illustrative list of Dry Waste* ( listed items/articles) i. Newspapers ii. Paper, books and magazines iii. Glass iv. Metal objects and wire v. Plastic vi. Aluminum cans vii. Rexene viii. Rubber ix. Wood /furniture x. Packaging xi. Fabrics xii. Styrofoam xiii. Thermocol *The above are sample lists and will be customized (i.e. items to be added or removed) by each ULB 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 xiii. Sanitary waste 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 vacutainers with 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 etc ii. Kitchen utensils iii. Mattresses iv. Musical instruments that do not qualify as E-waste.

SCHEDULE II [see bye-law 12(2)] LAYOUT AND SPECIFICATIONS OF DWCC AND DECENTRALISED PROCESSING UNITS

1. Organic Waste Converter/Decentralized Wet Waste Processing Unit:

2. Bio-Methanization Unit:

3. Dry Waste Collection Centre (DWCC) Model-1 Model-2 Model-3 Model-4: Processing Unit Bathrooms S t o r a g e A r e a Reject s Tank Bailed Material Storage (15 ft by 45 ft) Sorting Belt Conveyor, 45 ft Bailer (7 ft by 7 ft) Office Area Loading/ Unloading Bay 100 ft Inclined Feeder Conveyor, 20 ft 8 67 2 15 4 3 Unsorted Material Storage (20 ft by 25 ft) Consumables Storage Area (8 ft by 12 ft)13 911 1014 14 Bathrooms Storage Areas for Different Categories Dotted Lines Indicate Open Marked Space

4.Coconut Waste Processing Unit ft

SCHEDULE III [see bye-law 13(7)] FORM OF ANNUAL RETURN BY A WASTE GENERATOR WHO DOES NOT USE THE SERVICES OF THE ULB AND/OR ITS AGENCY/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 Empanelled Vendor, if any

6. Whether Bio Degradable Waste is processed on site or through Empanelled Vendor 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 Bio-methanation 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

11. Detail of Dry & domestic Hazardous waste processing followed (e.g., Roads , Roof, Coprocessing , Common Biomedical waste processing facility etc.)

12. Quantity of Dry & Domestic households waste processed/year (in Tonnes)

SCHEDULE IV [see bye-law 19(1)] 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 set out new constructions to carry out certain waste management functions by themselves, the_ _ _ _ _ _ _ _ _ _ (name of the ULB), not with standing any other rule/provision, hereby directs all Bulk Waste Generators of Solid Waste defined as (i) generating 100 kg or more of Solid Waste (from all waste streams) per day or (ii) gated communities, corporate campus, technology parks and institutions with an area of 5000 sqm or more to implement the provisions of the SWM Rules 2016 and the Bye-laws thereof notified by the ULB (available at website at _ _ _ _ _ _ ) not later than 60 days( by date………………..) from the date of this notice, including segregation of Solid Waste into 3 (three) categories/streams (Biodegradable, Non-Biodegradable and Domestic Hazardous Waste) at source and establish in-situ processing and treatment of Bio-degradable Waste within time stipulated in SWM Bye law. Detailed instructions are available in the Bye-laws available at website at _ _ _ _ _ _ .

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 self- declaration of generating less than 100 kg of waste from their premises. Such self-declaration will be subject to verification and applicable penal costs if found untrue. Such selfdeclarations shall be submitted to the ULB within 20 days (by date………..) of this notice 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 for Bulk Waste Generators after 60 days of this notice (after date ………..)

will attract applicable penal charges/fines as stated in the Bye-laws of the ULB.

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

Place:

Authorised Signatory

SCHEDULE V [see bye-law 19(1)] INDIVIDUAL NOTICE FORMAT 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 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 processing tied-up with an Empanelled Vendor.

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 the ULB’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 Municipal Commissioner/ Chief Officer

SCHEDULE VI [see bye-law 19(2)] SELF-DECLARATION FORMAT 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 the total daily Solid Waste generated from our premises is less than 100 kg, hence not a Bulk Waste Generator.

I/We/M/s._______________ understand that the __________________urban local body is free to enter the premises to check and verify the quantity of Solid Waste generated in the premises. During any such verification, if 100 kg or more Solid Waste is found generated, this self-declaration becomes void and I/we/M/s. can be categorized as Bulk Waste Generator and ____________urban local body 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 ______________Urban Local Body ** strike out whatever not applicable

SCHEDULE VII SWM SERVICE CHARGE IN INDIAN RUPEES

PART I – SWM Service Charge payable by Waste Generators except Bulk Waste Generators [see bye-laws 6(9), 21, 22(2), 22(3) and 23(1)] Amount in Rs S.

Type of Waste Generator (excluding Bulk City Municipa l City Municipa l Town Town Council Council Municipal No .

Waste Generators) Panchayat (Grade-1) (Grade-2) Council A Residential Buildings (Monthly) 1 Households upto 500 sq. ft. 20 20 15 15 2 Households from 501 sq. ft. to 1000 sq. ft. 35 30 25 20 3 Households from 1001 sq. ft. to 2000 sq. ft. 45 40 35 30 4 more than 2000 sq. ft. 60 55 50 45 B Vacant Sites (Charges described are for one year) 1 Vacant sites (Per Annum)

0.15 per Sq.ft

0.15 per Sq.ft

0.10 per Sq.ft 0.10 per Sq.ft per Annum per Annum per Annum per Annum C Non Commercial Buildings (Monthly) 1 Built up area up to 1000 sq. ft. 80 70 60 50 2 from 1001 sq. ft. to 3000 sq. ft. 250 200 180 150 3 from 3001 sq. ft. to 5000 sq. ft. 400 350 300 250 4 more than 5000 sq. ft. 600 550 450 350 D Commercial Buildings (Monthly) Restaurants/Hotels/Dhaba - - - - 1 a) up to 25 seats 400 350 300 250 b) more than 25 seats 600 550 450 350 2 Mess, Canteen,Mobile Canteen 200 175 150 125 3 Bakery 240 200 180 150 4 Coffee/Tea stall/Sweet stall 80 70 60 50 5 Fast food 160 140 120 100 6 All types of Street Vendors 40 35 30 25 7 Marriage halls, festival halls, Community halls 800 700 600 500 8 Guest House/ Lodges 600 500 450 350 Wine / Liquor Shop - - - - 9 a) Retail 250 200 175 150 b) Wholesale 400 350 300 250 10 Pubs, Bar and Restaurants, Clubs and other such places 600 525 450 375 11 All types of Meat stalls 400 350 300 250 12 Slippers-Shoes shops 240 200 180 150 13 Textile and Garment shop 120 100 90 75 14 Hospital/Nursing Home 400 350 300 250 15 Clinic 200 175 150 125 16 Medical Store 150 125 100 75 17 Hardware Shop 80 70 60 50 Cinema Theatre/Multiplexes - - - - 18 a) Up to 500 seats 200 150 100 100 b) from 501 to 750 seats 300 250 200 200 c) More than 750 seats 400 350 300 250 All types of Vehicle Showrooms (only non-hazardous waste) 800 700 600 500 20 Service Stations/ Auto Garage (only non - 400 350 300 250 hazardous waste) 21 Automobile Shop 150 125 100 75 22 Wholesale Frui ts/ Vegeta bles/ Flower s/ 800 700 600 500 Tender Coconut shops 23 Vegetable Shops 400 350 300 250 24 Flower Shops 200 175 150 125 25 Fruits /Tender Coconut stall 300 250 200 175 26 General Store 40 35 30 25 27 Wholesale/ Supermarkets 400 350 300 250 28 All types of Flour mills / wet grinder 200 175 150 125 29 Saw mill 400 350 300 250 30 Ice cream parlour/ Juice Centre 320 280 240 200 31 Hostel (Pvt.

Institution/Organization ) 450 400 350 300 Paying Guest - - - - 32 a) up to 15 beds 320 280 240 200 b) more than 15 beds 650 550 500 400 33 Granite store 250 200 150 100 Shops and commercial establishments including banks, technological parks, corporate - - - - offices, Educational institutions shopping arenas, malls and financial institutions 34 a) having builtup area up to 2500 sq. ft. 450 400 300 b) having builtup area from 2501 sq. ft. to 5000 950 850 700 600 sq. ft.

c) having builtup area from 5001 sq. ft. to 10 2,000 1,750 1,500 1,250 000 sq. ft.

d) having builtup area more than 10,000 sq. ft. 4,000 3,500 3,000 2,500 35 Godowns, cold storages (only non-hazardous 400 350 300 250 waste) 36 Small and cottage industry workshops (only 400 350 300 250 non-hazardous waste) Cleanliness Refundable Deposit for events and gatherings in public places (one time) - - - - {Excluding Government sponsored 37 programs & events} a) 100-1000 people 2,000 1,750 1,500 1,250 gathering b) 1000-10,000 people gathering 4,500 4,000 3,500 3,000 c) More than 10,000 people gathering 20,000 17,500 15,000 12,500 Service Charge for collection, transport and processing of Solid Waste generated for events and gatherings in public places (one - - - - time) {Excluding Government sponsored 38 programs & events} a) 100-1000 people gathering 800 700 600 500 b) 1000-10,000 people gathering 2,000 1,750 1,500 1,250 c) More than 10,000 people gathering 8,000 7,000 6,000 5,000 39 Collection, transportation and processing of As opined /decided by the ULB through general/ Special orders/Notifications./ Construction and Demolition Waste Special Rules Exihibitions, Entertainment programmes conducted temporarily at Marriage halls, - - - - Community halls, Hotel, under construction sites/ open places, market area etc 40 a) up to one week 1,200 1,050 900 750 b) more than one week and less than one 2,400 2,100 1,800 1,500 month c) more than one month 4,800 4,200 3,600 3,000 All type of business in Commercial buildings within ULB limits ( Excluding Bulk - - - - generators and Sl no 1 to 40 ) a) having an builtup area up to 250 sq. ft. 35 30 25 20 b) having an builtup area from 251 sq. ft.

to 50 45 35 30 41 500 sq. ft.

c) having an builtup area from 501 sq. ft.

to 80 70 60 50 1000 sq. ft.

d) having an builtup area from 1001 sq. ft. to 120 100 80 70 2000 sq. ft.

e) more than builtup 2000 sq. ft.

10% rise for increase in every 500 sq. ft.

Bulky waste from all non bulk waste 42 generators like Residential, Commercial and 1 per Kg 1 per Kg 1 per Kg 1 per Kg non- Commercial activities (Refer Byelaw 3

(e) and Byelaw 6(9)) 43 Other places/activity not marked as above As opined /decided by the ULB through general/ Special orders/Notifications./ Special Rules MSW Processing & Disposal Charge from 44 other than ULB source (such as Port Authority, 2 per Kg 2 per Kg 2 per Kg 2 per Kg SEZ, Contonment, Pvt.

Establishments, KIADB [MSW only] etc..)

PART II – SWM Service Charge payable by Bulk Waste Generators [see bye-laws 6(2), 6(9), 13(3)(iii), 20(3), 20(4)(iii), 20(5)(ii) and 25(1)] For Bulk Waste Generators who do not process their own Solid Waste onsite or have not engaged an Empanelled Vendor for Solid Waste management services, the SWM Service Charge shall be;

Amount in Rs S.n o Type of SWM service SWM Service Charge per month from each Bulk Waste Generator to be not less than:

TMC & TP 1 .

For collection, transport and processing of Biodegradable Waste, Non- Biodegradable Waste, Domestic Hazardous Waste, Sanitary Waste 3 per kg per day.

2 .

For collection, transport and processing of Biodegradable Waste.

2per kg per day.

3 .

For collection, transport and processing of Non- Biodegradable Waste.

1 per kg per day.

4 .

For collection, transport and processing of Domestic Hazardous Waste and Sanitary Waste 1 per kg per day.

5 .

For collection, transport and processing of Bulky 1 per kg per day.

Waste

SCHEDULE VIII [see bye-laws 5(2), 18(2)(i), 19(3), 24, 25(1) and 25(2)]

SCHEDULE OF FINES IN INDIAN RUPEES Non-compliance and type of Waste Penalty/ fine for the first Penalty for the second and S.n o offenc e subsequent offence Generator CMC TMC/ TP CMC TMC /TP

1.

Littering, spitting, urinating, open defecating or 10 0 50 150 100 committing any other acts of Public Nuisance

2.

Failure to segregate Solid Waste according to 50 0 200 750 300 these Bye-laws by the Bulk Waste Generato

3.

Failure to segregate and/or handover Solid Waste according to these Bye-laws by Waste 50 25 75 50 Generators who are not Bulk Waste Generato

4.

Failure to store and/or deliver Construction and 50 0/ 250/ Demolition Waste in a segregated manner or - - tonne, tonne dumping of Construction and Demolition Waste

5.

Disposal of Solid Waste by burning, dumping and/or unauthorised burial by a Bulk Waste 25,00 0 Generator*

6.

Disposal of Solid Waste by burning, dumping and/or unauthorised burial by any Waste 5000 Generator who is not a Bulk Waste Generator*

7.

Failure to deliver (nonhousehold) fish, poultry and slaughterhouse waste in a segregated manner as set out in the Bye-laws or dumping of (non-household) fish, poultry and 10 0 50 150 100 slaughterhouse waste in community bin, Receptacle, public place or any other unauthorised place.

8.

For a Street Vendor without a container/waste basket and/or who does not deliver Solid Waste in a segregated manner as set out in the Byelaws 25 100 50 50

9.

Issuance of false selfdeclaration under Chapter VII of the Bye-laws to avoid being classified as a Bulk Waste Generator 3000 1000 - -

10.

Failure to comply with any lawful directions issued by the Municipal Commissioner/ Chief Officer to ensure cleanlinessand hygiene of Road, Bus Station , Railway Station , Street playground , Park and other premises of public utility 100 50 200 100 11 .

Irregular deposit of rubbish or filth or any solid matter 100 50 200 100 12 .

Unauthorised dumping of C&D waste 1000 500 2000 1000 * As per NGT directions dated 15-3-2019 & 24-04-2

Where this provision sits

ActThe Karnataka Municipalities Solid Waste Management Model Bye-laws, 2019.
Section31
Marginal noteRepeal and savings
JurisdictionState of Karnataka
StatusIn force as published by the source

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