Chapter XX WASTE MANAGEMENT

(1) It shall be the duty of the Corporation, either through an agency or through its own to implement the provisions of the Solid Waste Management Rules, 2016 to regulate the management and handling of municipal solid waste and for the development of any infrastructure for collection, storage, transportation, processing and disposal of such solid wastes. (2) The Corporation shall also prepare a solid waste management plan in accordance with the policy of the state and implement this strategy. (3) The Corporation shall also train waste pickers and collectors on solid waste management. (4) The Corporation shall also involve communities in waste management and shall promote home composting and other such processes at the community level. (5) The Corporation shall create public awareness through information about the need for ensuring proper waste management.

Notwithstanding anything contained elsewhere in this Act, for the purposes of management and handling of municipal solid wastes and for development of infrastructure, if any, for collection, storage, transportation, processing and disposal of such solid wastes, a charge shall be levied, and payment thereof shall be made, at such rate as the Corporation may fix, from time to time: Provided that, the charge as aforesaid shall, as far as practicable, be such as shall cover the costs on account of management and handling of municipal solid wastes and development of infrastructure, if any, for collection, storage, transportation, processing and disposal thereof.

The Corporation may, either on its own or through any other agency, cause the solid wastes to be disposed of at such place or places within or outside the Corporation area, and in such manner, as it considers suitable: Provided that the solid wastes shall not be finally disposed of in any manner which the Government may think fit to disallow.

It shall be the duty of the owners and the occupiers of all lands and building in the Corporation area. – (1) to have the premises swept and cleaned on a regular basis; (2) to provide for separate receptacles or disposal bags for the storage of (a) organic and bio-degradable wastes, (b) recyclable or non-bio-degradable wastes, and (c) domestic hazardous wastes so as to ensure that these different types of wastes do not get mixed; (d) to keep such receptacles in good condition and order; and (e) to cause all such wastes, including rubbish, any noxious or offensive matter, night soil, filth, , dung, bones, ashes, carcasses of dead animals, bio-medical wastes and other polluted and obnoxious matters to be collected from their respective premises and to be deposited in community bins or receptacles at such times and in such places as the Zonal Commissioner may, by notice, specify.

(1) Bio-medical waste: It shall be the duty of the Corporation, through an agency or by itself to implement the provisions of the rules prescribed under this Act. (2) E-waste: It shall be the duty of the Corporation, through an agency to implement the provisions of the rules prescribed under this Act. (3) Plastic waste: It shall be the duty of the Corporation to implement the provisions of the of the rules prescribed under this Act.

(1) The Waste Generators such as Street Vendors shall segregate the Solid Waste generated during the course of its activity such as food waste, disposable plates, cups, cans, wrappers, coconut shells, leftover food, vegetables, fruits and similar items. (2) Every Occupier of any Premises who generates poultry, fish and slaughter waste as a result of any commercial activity, shall store such waste separately in a closed and hygienic condition and such waste shall not be mixed with any other category of Solid Waste.

(1) The Ward Committee shall organize collection of municipal solid wastes through any of the methods, like community bin collection, house-to-house collection, and collection on regular pre-informed times and schedules; (2) The Ward Committee shall devise collection of wastes from slums and squatter areas or other localities including hotels, restaurants, office complexes and commercial areas; (3) The Ward Committee shall remove at regular intervals all solid wastes so collected under clause (1) and clause (2) for disposal on daily basis, and (4) The Ward Committee shall arrange for making use of biodegradable wastes from slaughterhouses, meat and fish markets, and fruits and vegetable markets in an environmentally acceptable manner. (5) The Ward Committee shall also ensure that solid waste is collected from public spaces such as parks, markets, roads, streets, gardens and similar areas that fall within the respective ward.

(1) The Ward Committees established under this Act shall work with the Corporation for proper solid waste management and sanitation work in the ward. (2) The Ward Committees will prepare Ward action plan which shall take into account consideration the Ward requirement, budgetary allocations, infrastructure requirement while aligning it with the Ward Micro Plan and other policies of the Corporation. (3) The Ward Committee shall asses the type and quantity of Solid Waste generated in the Ward, existing processing capacity, plans for additional processing and facilities. (4) The requirements and targets identified in the Ward action plan shall be monitored regularly by the Ward Committee. (5) In accordance with the Ward Action Plan, the Ward Committees shall assess the type and quantity of waste generated, manner of waste collection and waste processing and such other facilities that may help in proper waste management in their respective wards. (6) The Ward Plan shall also take into consideration the various categories of waste, collection points and vehicles for waste collection and such other information as is required for the implementation of the Solid Waste Management Rules, 2016. (7) Such a plan shall be regularly monitored and reviewed under the aegis of the Zonal Commissioner and he may appoint such other officers on his behalf to carry out the said review. (8) The Zonal Commissioner or the officer appointed on his behalf shall have the authority to inspect and shall prepare a report in this regard which is to be reviewed by the Corporation. For the purpose of inspection, the officer shall have the right to enter any place, at all reasonable times, for the purposes of complying with the Ward Action Plan. (9) The Ward Committee shall deliberate on the action taken by the Corporation and take necessary steps that are required to comply with the recommendations set out in such report. (10) The Ward Committee shall formulate a committee that shall comprise of concerned citizens in each ward to survey and provide regular reports for monitoring cleanliness, collection of solid waste and to participate in the organisation of cleanliness drives or awareness campaigns in their Ward. (11) There shall be periodic meetings of the said committee with the Ward committee to ensure the implementation of redressal of issues highlighted in the reports prepared by the Waste Management Committee.

(1) The Corporation shall create a solid waste management plan for every block in a Ward and ensure its implementation along with the Ward Committee. The Ward Micro Plan 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, manpower and other information required for effective implementation of the solid waste management as may be considered appropriate by Corporation. (2) The Zonal Committee shall committee 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 this Act. (3) The Corporation may authorize officers who shall monitor and review the implementation of the Ward micro plan and prepare Ward action report on a monthly basis for onward submission to the Zonal Commissioner of the Corporation. (4) Such an officer shall have the right to enter, at all reasonable times,, with such assistance as he considers necessary, any place for the purpose of ,- (a) performing any of the functions entrusted to him by the Corporation or (b) determine compliance of the provisions of this Act. (5) The Corporation shall publicise the manner of segregation through the media, signs, advertisement, leaflets, announcement on radio and televisions, newspapers and through any other appropriate means, so that all citizens are made aware about the duties of citizens and the Corporation in relation to segregation, recycling, littering, nuisance, penalties and fines.

The Corporation shall undertake training to educate its staff, informal waste pickers/collectors on collecting and transporting of Solid Waste in a segregated manner and processing the Solid Waste in a manner set out in the Solid Waste Management Rules and under this Act.

The Corporation 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.

(1) Whosoever contravenes or fails to comply with any of the provisions of the Waste Management rules or bye-laws shall be punished with a fine of not more than Rs. 2,00,000 as determined by such applicable rules or byelaws. (2) The Corporation shall also take appropriate action including the imposition of penalties initiation of disciplinary action against those employees who fail to discharge their functions in accordance with the Act or through any Rules or Byelaws that may be issued for this purpose.

(1) Every person who organizes an event or gathering of more than hundred people at any licensed place shall ensure the segregation of solid waste in such manner as may be prescribed. (2) Each person shall also ensure that cleanliness of the area after the event where the Solid waste is segregated, collected and processed in accordance with the law as prescribed. (3) The procedure for managing waste generated during public gatherings shall be prescribed by byelaws thereunder.

(1) The Corporation shall be responsible – (a) To conserve or preserve heritage buildings or sites and heritage areas of historical, architectural, cultural, environmental or ecological significance or sites of scenic beauty that they are not adversely affected by any new development within the jurisdiction of the Corporation; (b) To enhance the elements of urban design and built character including landscape of the city; (c) To provide the guidelines with regard to demolition, protection, conservation or re-building of and alterations or additions to the existing building those are to be designated and conserved in heritage areas. (2) The Corporation shall issue regulations or bye-laws for the implementation of this chapter in accordance with those orders, rules, regulations, bye-laws or guidelines issued by the Central Government or the State Government from time to time.

(1) The Chief Commissioner shall prepare and supplement a list of heritage sites including Heritage Buildings, Heritage Precincts and listed Natural Features Areas on the advice of the Heritage Conservation Committee. (2) Before being finalized, objections and suggestions of the public are to be invited and considered. (3) The list may be supplemented from time to time by the Chief Commissioner upon the recommendations of the Government. When a building or group of buildings or natural feature areas are listed it would mean, unless otherwise indicated, that the entire property including its entire compound / plot boundary along with all the subsidiary structures and artefacts, within the compound/ plot boundary, shall form part of the list.

The Corporation may provide incentives to the owners or occupiers of heritage buildings included in the Heritage Conservation List, in such manner as may be prescribed, which may include provision financial support, exemption from property tax, and such other incentive as may be deemed necessary to assist in the preservation of heritage buildings in the existing state, and to preserve its heritage state with due repairs: Provided that, if the heritage building is not maintained suitably or if the heritage value of the building is spoiled in any manner, the incentives may be revoked and such penalties may be levied, as prescribed.

(1)The State Government shall constitute a Heritage Conservation Committee endowing it with such powers and functions as may be prescribed. (2) The Chief Commissioner, on the advice of the Heritage Conservation Committee, shall frame appropriate regulations for the protection, conservation and maintenance of heritage buildings and sites in the city. (3) The Heritage Conservation Committee shall comprise of: (i) The Chief Commissioner - Chairperson (ii) An Architect from Public Works Department - Member (iii) A Structural Engineer with experience of ten years in the field and membership of the Institution of Engineers, India - Member (iv) An Architect having ten years of experience nominated by the Government - Member (v) An Urban Designer nominated by the Government - Member (vi) A Conservation Architect with five years of experience nominated by the Government - Member (vii) An Environmentalist with in-depth knowledge and ten years‟ experience in the field nominated by the Government - Member (viii) A Historian having in-depth knowledge and ten years‟ experience in the field nominated by the Government - Member (ix) A Natural historian having in-depth knowledge and 10 years‟ experience in the field nominated by the Government - Member (x) A Representative of the State Archaeological Department - Member (xi) The Chief Town Planner, Town and Country Planning Department - Member-Secretary (4) The Committee shall have the powers to co-opt up to three additional members who may have related experience. (5) The working of the Committee shall be such as may be prescribed. (6) The tenure of the Chairperson and Members of the Committee, other than any official representative, shall be three years.

(1)The Heritage Buildings and Heritage Precincts listed shall be graded into categories as laid down in Second Schedule. (2) Any modification, repair, change in facade, interior or exterior, that could alter the character of the building or site or precinct shall be made to the extent permitted in Schedule II and in accordance to any orders, rules, regulations, bye-laws or guidelines issued to this effect.

The Heritage Conservation Committee shall carry out the following functions – (a) To undertake identification and listing of heritage buildings and precincts which need to be notified as and recommend the same to the Corporation for inclusion. (b) To recommend to the Corporation whether development permission should be granted to the Heritage Buildings; (c) To evaluate the cost of repairs to be given to the owners for conservation or maintenance of a listed building; (d) To approve special designs and guidelines for notified buildings and control of height and essential façade characteristics of the buildings and suggest suitable designs and adopting new materials for replacements keeping the old form intact to the extent possible; (e) To frame special regulations for Heritage Buildings and Heritage Precincts and furnish the same to the Corporation; (f) To undertake such actions as may be necessary for the physical conservation and restoration of urban heritage buildings and sites in the city; (g) To undertake such programs and projects for generating awareness about heritage including educational programs, identification and listing of heritage resources, conducting heritage walks, organizing lectures, seminars and conferences dedicated to heritage in the city.

(1)Being listed as a heritage building requires the usage of the building to be in harmony with the conditions prescribed for, based on its Grade and does not impose any restriction on the sale or purchase of such a building and does not require permission from the Corporation or Heritage Conservation Committee. (2) The Corporation shall have the first right of refusal over sale of any listed heritage building.