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Construction and Demolition Waste Management Rules 2016

Construction and Demolition Waste Management Rules 2016

The construction and demolition waste generated is about 530 million tonnes annually. The Ministry of  Environment, Forest and Climate Change notified the Construction & Demolition Waste Management Rules, 2016 on 29 March 2016. The rules are an initiative to effectively tackle the issues of pollution and waste management.

Salient features

  1. Application
    • Applies to everyone who generates construction and demolition waste.
  2. Duties of waste Generators
    • Every waste generator shall segregate construction and demolition waste and deposit at collection centre or handover it to the authorised processing facilities
    • Shall ensure that there is no littering or deposition so as to prevent obstruction to the traffic or the public or drains.
    • Large generators (who generate more than 20 tons or more in one day or 300 tons per project in a month) shall submit waste management plan and get appropriate approvals from the local authority before starting construction or demolition or remodelling work,
    • Large generators shall have environment management plan to address the likely environmental issues from construction, demolition, storage, transportation process and disposal / reuse of C & D Waste.
    • Large generators shall segregate the waste into four streams such as concrete, soil, steel, wood and plastics, bricks and mortar,
    • Large generators shall pay relevant charges for collection, transportation, processing and disposal as notified by the concerned authorities;
  3. Duties of Service providers and Contractors
    • The service providers shall prepare a comprehensive waste management plan for waste generated within their jurisdiction, within six months from the date of notification of these rules,
    • Shall remove all construction and demolition waste in consultation with the concerned local authority on their own or through any agency.
  4. Duties of State Government and Local Authorities
    • The Secretary, UDD in the State Government shall prepare their policy with respect to management of construction and demolition of waste within one year from date of final notification of these rules.
    • The concerned department in the State Government dealing with land shall provide suitable sites for setting up of the storage, processing and recycling facilities for construction and demolition waste with one-and-a-half years from date of final notification of these rules.
    • The Town and Country planning Department shall incorporate the site in the approved land use plan so that there is no disturbance to the processing facility on a long term basis.
    • Shall procure and utilize 10-20% materials made from construction and demolition waste in municipal and Government contracts.
    • Local Authority shall place appropriate containers for collection of waste, removal at regular intervals, transportation to appropriate sites for processing and disposal.
    • LA shall seek detailed plan or undertaking from large generator of construction and demolition waste and sanction the waste management plan;
    • Seek assistance from concerned authorities for safe disposal of construction and demolition waste contaminated with industrial hazardous or toxic material or nuclear waste if any;
    • LA shall give appropriate incentives to generator for salvaging, processing and or recycling preferably in-situ;
    • LA shall establish a data base and update once in a year,
    • Million plus cities (based on 2011 census of India), shall commission the processing and disposal facility within one-and-a-half years from date of final notification of these rules
    • 0.5 to 1 million cities, shall commission the processing and disposal facility within two years from date of final notification of these rules
    • for other cities (< 0.5 million populations), shall commission the processing and disposal facility within three years from date of final notification of these rules
  5. Duties of Central Pollution Control Board, State Pollution Control Board or Pollution Control Committee
    • The Central Pollution Control Board shall prepare operational guidelines related to environmental management of construction and demolition waste.
    • SPCB shall grant authorization to construction and demolition waste processing facility
    • Monitor the implementation of these rules by the concerned local bodies
    • Submit annual report to the Central Pollution Control Board and the State Government.
  6. Standards for products of construction and demolition waste
    • The Bureau of Indian Standards need to prepare code of practices and standards for products of construction and demolition waste
    • Indian Roads Congress need to prepare standards and practices pertaining to products of construction and demolition waste in roads construction.
  7. Duties of Central Ministries
    • The Ministry of Urban Development, and the Ministry of Rural Development, Ministry of Panchayat Raj, shall facilitate local bodies in compliance of these rules;
    • The Ministry of Environment, Forest and Climate Change shall review implementation of these rules as and when required.
  8. Facility for processing / recycling facility
    • The operator of the facility shall obtain authorization from State Pollution Control Board or Pollution Control Committee.
    • The processing / recycling site shall be away from habitation clusters, forest areas, water bodies, monuments, National Parks, Wetlands and places of important cultural, historical or religious interest.
    • The processing/recycling facility exceeding five Tones per day capacity, shall maintain a buffer zone of no development around the facility.

Implications of the Rules

SI.No Construction and Demolition Waste Management Rules, 2016 Likely implications
Application
1 The rules shall apply to every one who generates construction and demolition waste such as building materials, debris, rubble waste resulting from construction, re-modelling, repair and demolition of any civil structure of individual or organisation or authority. This will address the indiscriminate disposal of C& D Waste and enable channelization of the waste for reuse and recycling in gainful manner
Responsibility of Waste Generators
2

Every waste generator shall be responsible for collection, segregation of concrete, soil and others and storage of construction and demolition waste generated separately, deposit at collection centre so made by the local body or handover it to the authorised processing facilities, ensure that there is no littering or deposition so as to prevent obstruction to the traffic or the public or drains.

Waste generators who generate more than 20 tons or more in one day or 300 tons per project in a month shall submit waste management plan and get appropriate approvals from the local authority before starting construction or demolition or remodelling work, segregate the waste into four streams such as concrete, soil, steel, wood and plastics, bricks and mortar, keep the concerned authorities informed regarding the relevant activities from the planning stage to the implementation stage and this should be on project to project basis.

Waste generators shall pay relevant charges for collection, transaction, processing and disposal as notified by the concerned authorities;

Duties of waste generators, service providers would envisage people's participation (Jan Bhagidari) in scientific management of C & D waste

Segregation and channelizing the C & D waste will improve the other waste utilisation and management namely organic waste for composting, high calorific waste to energy recovery etc.

This will ensure Sustainability of Waste Management System for C&D Waste

Responsibility of service providers
3

The service providers shall prepare within six months from the date of notification of these rules, a comprehensive waste management plan covering segregation, storage, collection, reuse, recycling transportation and disposal of construction and demolition waste generated within their jurisdiction.

The service providers shall remove all construction and demolition waste in consultation with the concerned local authority on their own or through any agency.

The provision have been introduced on line of concept of Extended Producers Responsibility. Here, the waste generator (Service provider) has been made responsible for waste generated by them in the public places to authorized C&D waste recycling facilities.
Responsibility of Local Authority
4

Local Authority shall be responsible for proper management of construction and demolition waste within its jurisdiction including placing appropriate containers for collection of waste, removal at regular intervals, transportation to appropriate sites for processing and disposal.

LA shall seek detailed plan or undertaking as applicable, from generator of construction and demolition waste and sanction the waste management plan; seek assistance from concerned authorities for safe disposal of construction and demolition waste contaminated with industrial hazardous or toxic material or nuclear waste if any;

LA shall give appropriate incentives to generator for salvaging, processing and or recycling preferably in-situ;

LA shall establish a data base and update once in a year, device appropriate measures in consultation with expert institutions for management of construction and demolition waste generated including processing facility and for using the recycled products in the best possible manner

This has been introduced to seek special attention of local bodies/ agencies responsible for waste management in the States.

These provisions will put in place the Institutional framework for C& D waste management and also strengthen system for waste management wherever they exist in the country.

Processing and recycling facility for C & D waste
5

The operator of the facility shall apply in Form I for authorization from State Pollution Control Board or Pollution Control Committee.

The processing / recycling site shall be away from habitation clusters, forest areas, water bodies, monuments, National Parks, Wetlands and places of important cultural, historical or religious interest

A buffer zone of no development shall be maintained around solid waste processing and disposal facility, exceeding five Tones per day of installed capacity.

This will prevent indiscriminate disposal and ensure scientific conversion C&D waste in to useful raw material for buildings/ construction.
Duties of state Government or Union Territory Administration
6

The Secretary in-charge of development in the State Government or Union territory administration shall prepare their policy with respect to management of construction and demolition of waste within one year from date of final notification of these rules.

The concerned department in the State Government dealing with land shall be responsible for providing suitable sites for setting up of the storage, processing and recycling facilities for construction and demolition waste.

The Town and Country planning Department shall incorporate the site in the approved land use plan so that there is no disturbance to the processing facility on a long term basis.

Procurement of materials made from construction and demolition waste shall be made mandatory to a certain percentage (say 10-20%) in municipal and Government contracts subject to strict quality control.

At present the infrastructure for C&D waste Management is either not available or wherever it is available is inadequate or not operating efficiently.

The provisions envisages administrative and other logistic supports from the State Governments to the entrepreneurs interested in the C&D Waste Management Sectors

Duties of the SPCB / PCC
7 State Pollution Control Board or Pollution Control Committee shall grant authorization to construction and demolition waste processing facility and monitor the implementation of these rules by the concerned local bodies and the competent authorities and the annual report shall be sent to the Central Pollution Control Board and the State Government or Union Territory or any other State level nodal agency identified by the State Government or Union Territory administration for generating State level comprehensive data.

This is to ensure environmentally sound management of C& D waste. While granting the authorization, the SPCB would assess and ensure the availability and adequacy of infrastructure with C&D facilities to meet the prescribed environmental norms.

It would also help in getting the authentic data on quantum of C & D waste generation and country's recycling capacity in due course of time

Duties of the Central Pollution Control Board
8 The Central Pollution Control Board shall prepare operational guidelines related to environmental management of construction and demolition waste. This is to provide technical support to local bodies, waste recyclers and other stakeholders.
Duties of Bureau of Indian Standards and Indian Roads Congress
9

The Bureau of Indian Standards need to prepare code of practices and standards for use of recycled materials and products of construction and demolition waste in respect of construction activities.

Indian Roads Congress shall be responsible to the standards and practices pertaining to use of recycled materials and products of construction and demolition waste in roads construction.

This is to ensure building materials made out of C&D Waste do not jeopardize the structural safety and life.

Further to ensure the authenticity of products made from the C&D waste and create confidence among the stakeholders on the utilization of such products.

Duties of the Central Government
10

The Ministry of Urban Development, and the Ministry of Rural Development Ministry & Panchayat Raj, shall be responsible for facilitating local bodies in compliance of these rules;

The Ministry of Environment, Forest and Climate Change shall be responsible for reviewing implementation of these rules as and when required.

Envisage the technical and financial support to the State Agencies from the Central Government for implementation of these Rules and modification of rules according to the requirement in future
Timeframe for implementation of the provisions of these rules
11

a. one year and six months from the date of its notification for million plus cities based on 2011 census of India;

b. two years from the date of its notification for 0.5 to 1 million cities based on 2011 census of India;

c. three years from the date of its notification for other cities (<0.5 million populations) based on 2011 census of India

It would ensure the State Government and local authorities to plan and execute the required waste management system so as to achieve the objective of the rules.

The rules envisage access to C&D waste management facilities within two years and overall these rules would support the Clean India Mission of the Government (Swachh Bharat Abhiyan).

Source: Ministry of Environment, Forest and Climate Change

जोबथा दाफामनाय : 2/13/2020



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