Do not leave out waste-pickers from Karnataka’s waste management bylaws

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With the Directorate of Municipal Administration, Karnataka, leaving out the waste-pickers who have been the backbone of everything to do with solid waste management thus far in its draft of the Karnataka Municipal Corporation Model Solid Waste Management Bylaws-2018 released on the 10/07/2018, here’s the feedback from Solid Waste Management Round Table (SWMRT) which has raised its objections to the same. 

Our submission is to also consider the same feedback for the draft Karnataka Municipalities Solid Waste Management Bylaws 2018 as well.

The Director,
Directorate of Muncipal Administration,
9th Floor, VV Towers,
Dr. Ambedkar Veedhi, Bangalore- 560001.

The main observations are listed below, along with relevant manuals, rules and guidelines:

  • The absence of definitions of waste-pickers, pourakarmikas and other important informal waste workers and the strategy for inclusion in the municipal solid waste management system, including door-to-door collection. The definition of the word “agency” too excludes them, indirectly invisibilizing their presence and contribution, which is a direct deviation from SWM 2016 Rules.
  • The absence of mention of the Karnataka State Plastic Ban 2016 and subsequent amendment in 2018 which details plastic items banned enforcement and penalty. There needs to be a separate chapter on Plastic Waste Management to be read along with Plastic Waste Management Rules 2016, along with the process of integration of informal waste workers, extended producers responsibility and management of multilayered plastics.
  • The absence of a citizen charter to inform citizens on the type of services provided and a complaint redressal process
  • The Draft Bylaws have also skipped an important function of the Municipal corporation that of Street Sweeping and Drain Cleaning.
  • The Bylaws in an attempt to promote visual cleanliness fails to take account of the various other acts, rules, policies and the need for convergence- example the Street Vendors ( Protection of Livelihood and Regulation of Street Vending Act, 2014 ), Article 51 A, Article 18 and Article 21 of the Constitution of India, along with Section 503 of the Indian Penal Code 1860 ( Refer Animal Welfare Board of India, feeding street dogs )
  • The Bylaws have also been selective in not capturing key elements of the Solid Waste Management Rules 2016, the Swachh Bharath Mission Guidelines, the Karnataka State Sanitation Strategy ( Annexure 1 : Key Points)
  • Follow due diligence process by creating a stakeholder committee and hold public consultation to discuss the bylaws before finalizing them

The feedback is structured as under:

Part 1: Detailed Feedback

Part 2: Additional Recommendations

Part 3: Annexures and References

Part 1:  Detailed Feedback

Definitions in the Gazette Document

Definitions listed as per Gazette document Suggested Revisions Comments if any
Agent/Agency Means any company, registered society, trust, partnership, limited liability partnership and/or incorporated entity which has been appointed or authorised by ULB to act on its behalf including an empanelled vendor, for discharge of duties or functions under the SWM Rules and these bylaws in a manner that is in compliance with all applicable regulations including labour laws Agency definition to be broad-based to  Include wastepickers, scrap dealers, informal  waste collectors, recyclers and SHGs as per point 11 of SWM Rules 2016
It should read as entity or person and
If the definition is not modified, the wastepickers will lose their identity  and access to waste
Bulky Waste Shall consists 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 Includes white goods, old furniture, litter containers Refer illustrative schedule and excludes waste from municipal sewage network and Municipal C & D Insert a Schedule of the Bulky item list for illustration
Refer Annexure 1 ( Suggested Schedule of Bulky item for illustration)
Bylaws Shall mean these Solid Waste ( Management & Handling) Bylaws for ULB, 2018 as amended from time to time As per SWM 2016 means regulatory framework notified by local body, cenus town and notified area townships for facilitating implementation of the rules efficiently in their jurisdiction
Construction and Demolition waste Shall have the same meaning as set out under Rule 3 ( 1) ( c) of the Construction and Demolition Waste Management Rules 2016 “construction and demolition waste” means the waste comprising of building materials, debris

and rubble resulting from construction, re-modeling, repair and demolition of any civil structure;, as defined under Rule 3 ( 1) ( c) of the Construction and Demolition Waste Management Rules 2016

Domestic hazardous waste Means household waste that can catch fire, react, contaminate or explode under certain circumstances, or that is corrosive or toxic, an illustrative list as specified in Part C of Schedule 1 In addition to what is stated add – means discarded paint drums, pesticide cans, CFL bulbs, tube lights, expired

medicines, broken mercury thermometers, used batteries, used needles and syringes and contaminated gauge,

etc., generated at the household level

Empanelled Vendor Means any company, registered society, trust, partnership, limited liability partnership and/or incorporated entity empanelled with the ULB for providing services relating to Solid Waste management after ULB carries out a due diligence exercise to verify such persons/entities have the necessary infrastructure to carry out the duties for functions under the SWM Rules and these Bylaws including approved destinations for processing of solid waste Expand the scope of empanelled Vendor to include individuals/waste pickers card, scrap dealers, cooperatives, SHGs
It is also important to reconsider the definition for the infrastructure clause to read – own, rented  or decentralised Municipal facilities, including sorting sheds.
Landfill Means the final and safe disposal facility of residual Solid Wastes and inert waste on land in a facility designed with protective measures against pollution of ground water, surface water and fugitive air dust, wind-blown litter, bad odour, fire hazard, animal menace, bird menace, pests or rodents, greenhouse gas emissions, persistent organic pollutants slope instability and erosion; Must read for the purpose of the gazette, the definition of sanitary landfill

“sanitary land filling ” means the final and safe disposal of residual solid waste and inert wastes on land in a facility designed with protective measures against pollution of ground water, surface water and fugitive air dust, wind-blown litter, bad odour, fire hazard, animal menace, bird menace, pests or rodents, greenhouse gas emissions, persistent organic pollutants slope instability and erosion;

Remove the definition of a landfill and only list Sanitary landfill as the definition is also not listed in SWM Rules 2016
Occupier “Occupier” includes- (a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable; in occupation of, or otherwise using, any land or building or part thereof, for any purpose whatsoever;

(b) an owner in occupation of, or otherwise using his land or building;

(c) a rent- free tenant of any land or building;

(d) a licensee in occupation of any land or building; and

(e) any person who is liable to pay to the owner damages for the use and occupation of any land or building, room ( S) and/or similar premises;

Use the definition listed in Draft Model Municipal Solid Waste ( Management & Handling), Cleanliness and Sanitation Rules/Bylaws
“Occupier” includes- (a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable; in occupation of, or otherwise using, any land or building or part thereof, for any purpose whatsoever;

(b) an owner in occupation of, or otherwise using his land or building;

(c) a rent- free tenant of any land or building;

(d) a licensee in occupation of any land or building; and

(e) any person who is liable to pay to the owner damages for the use and occupation of any land or building;

(a) the custodian of evacuee property in respect of evacuee property vested in him under the Administration of Evacuee Property Act___________; and

(b) the estate officer to the Govt. of India, the Secretary of the ______XYZ Development Authority, constituted under the__________ XYZ Development Act, ________, of ( ________,),

(c) the General Manager of a Railway and the head of a Govt. Department, in respect of properties under their respective control;

Person “Person” means any person or persons and shall include any shop or establishment or firm or company or association or body of individuals whether incorporated or not Use the definition listed in Draft Model Municipal Solid Waste ( Management & Handling), Cleanliness and Sanitation Rules/Bylaws

“Person” means any person or persons and shall include any shop or establishment or firm or company or association or body of individuals whether incorporated or not and their agents; assignee etc;

Point to point collection Add collection of source, within the scope of the definition
Premises Means any land, building or part of a building and includes any gardens and ground appertaining to a building or part thereof and structures constructed on the land Expand the scope of the definition includes buildings, tenements in a building, house, outhouse, stable, shed, hut, and any other structure whether of masonry, brick, mud wood, metal or any other material whatsoever and lands of any tenure whether open or enclosed whether built upon or not being used for the time being 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 Municipal Commissioner 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;
Sanitary Waste means wastes comprising of used diapers, sanitary towels or napkins, menstrual cloth, tampons, condoms, ear buds, toilet paper, band aid, syringes from household and any other similar waste Add menstrual cups, incontinence sheets
Transfer Station Means a facility created to receive solid waste from collection areas and transport in bulk in covered vehicles or containers to waste processing and, or, disposal facilities Use definition listed in SWM Rules 2016
means a facility created to receive solid waste from collection Local Body and transport in bulk in covered vehicles or containers to waste processing and, or, disposal facilities;

 

Definition missing and must be included in the Draft Bylaws, based on SWM Rules 2016, PWM Rules 2016, SBA Draft Bylaws and our suggestions

Definitions Description Comments
anaerobic digestion means a controlled process involving microbial decomposition of organic matter in absence of oxygen; ( As per SWM 2016)
Brand Owner “brand owner” means a person or company who sells any commodity under a registered brand label. ( As per SWM 2016 and PWM 2016)
Buffer Zone means zone of no development to be maintained around solid waste processing and disposal

facility, exceeding 5 TPD of installed capacity. This will be maintained within total and area allotted for the

solid waste processing and disposal facility.

( As per SWM 2016)
Combustible waste means non-biodegradable, non-recyclable, non-reusable, nonhazardous solid waste

having minimum calorific value exceeding 1500 kcal/kg and excluding chlorinated materials like plastic, wood

pulp, etc;

( As per SWM 2016)
Community Bin Means an approved receptacle provided by the Generator for the As per Pune Municipal Corporation Public Health & Sanitation Bylaws 2017
Community composter A composting equipment/structure/container used to process large quantities of biodegradable waste as defined by SWM Rules 2016 in residential  communities, schools, offices, hotels/canteens, etc. Recommended by SWMRT
Community gardens A plot of public or private land collectively managed by a group of people, operated in shared community settings, for collective benefit by urban farming Recommended by SWMRT
Composting “composting” means a controlled process involving microbial decomposition of organic matter; ( As per SWM 2016)
Contractor means a person or firm that undertakes a contract to provide materials or labour to perform a service or do a job for service providing authority; ( As per SWM 2016)
Co-processing means use of non-biodegradable and non-recyclable solid waste having calorific value exceeding 1500k/cal as raw material or as a source of energy or both to replace or supplement the natural mineral resources and fossil fuels in industrial processes; ( As per SWM 2016)
Corporation Means a corporation established Karnataka Municipal Corporations Act, 1976 As per Karnataka Municipal Corporations Act, 1976
Decentalised Means establishment of dispersed facilities for maximizing the processing of biodegradable waste and diversion of recyclables closest to the source of generation so as to minimize transportation of waste for processing or disposal As per Pune Municipal Corporation Public Health & Sanitation Bylaws 2017
Door-to-Door collection system Defined as system of collection at source by actors (wastepickers, corporation employees, empanelled vendor, NGOs, SHG groups, waste collectors, etc, authorised for collection) , by stream ( Wet, Dry, Biomedical, Domestic Hazardous, Sanitary) to  destination ( Bio gas plant, local composting plants, Dry waste collection centers), employing different modes for transportation ( push cart, hand cart, carriage, cart, van, truck bicycle, cycle-rickshaw, auto-rickshaw, motor vehicle etc or any wheeled conveyance), based on the geographical terrain Recommended by SWMRT, incorporating the definition used in the SBA Draft Bylaws
Dry Waste Means a category of municipal waste, explained as non-biodegradable waste Recommended by SWMRT,

Explanation

Dry Waste Collection Centers ( DWCC) Means a decentralised waste management facility, constructed by the municipality /corporation, to manage dry waste in particular low value dry waste ,at the ward level operated by wastepickers, scrap dealers Recommended by SWMRT,

Explanation : Dry Waste Collection Centers (DWCCs) are important aspect of decentralized waste management and though

the concept was modeled around the neighbourhood recycling centers, was based on the principles of waste

hierarchy, to put in practice the three R’s – reduce, recycle and re-use at the neighbourhood level. The DWCCs are

to facilitate the collection/ take back and buy-back of all dry waste from local residents, contract workers, and waste workers or

scrap dealers, integrate informal waste workers into the operations of these centers and encourage/implement

extended producers responsibility ( EPR) of packaging materials that are not being

Dump Sites means a land tilized by local body for disposal of solid waste without following the principles of sanitary land filling ( As per SWM 2016)
Extended Producers Responsibility ( EPR) means responsibility of any producer of packaging products such as plastic, tin, glass and corrugated boxes, etc., for environmentally sound management, till end-of-life of the packaging products; ( As per SWM 2016)
means responsibility imposed upon “manufacturers”, or “producers”, or “brand owners”, or similar stakeholder for segregation, collection, storage, recycling, transportation, treatment, processing or disposal or any other assigned activity beyond manufacturing until environmentally sound management of their post-consumer-use or end-of-life products, and in respect of the particular categories of waste, the definitions respectively prescribed in the:

a. Solid Waste Management Rules, 2016;

b. Plastic Waste Management Rules, 2016;

SWMRT Recommendation
Facility means any establishment wherein the solid waste management processes namely segregation, recovery, storage, collection, recycling, processing, treatment or safe disposal are carried out; ( As per SWM 2016)
Fine penalty imposed on waste generators or operators of waste processing and disposal facilities under the bylaws for non-compliance of the directions contained in these rules and/or bylaws ( As per SWM 2016)
Handling includes all activities relating to sorting, segregation, material recovery, collection, secondary storage, shredding, baling, crushing, loading, unloading, transportation, processing and disposal of solid wastes; ( As per SWM 2016)
Inerts means wastes which are not biodegradable, recyclable or combustible street sweeping or dust and silt

removed from the surface drains;

( As per SWM 2016)
incineration means an engineered process involving burning or combustion of solid waste to thermally degrade waste materials at high temperatures; ( As per SWM 2016)
Informal Waste Collector includes individuals, associations or waste traders who are involved in sorting, sale and purchase of recyclable materials; ( As per SWM 2016)
leachate means the liquid that seeps through solid waste or other medium and has extracts of dissolved or suspended material from it ( As per SWM 2016)
Litter means all refuse and other such waste material which, tends to create nuisance, dirt,

insanitary conditions, ugliness and endangers cleanliness, public orderliness & movement,

environment, public health, safety, life and welfare if dropped, thrown, scattered, deposited

or left uncleaned or unpicked as against the prohibition under these Bylaws;

As per SBA Draft Bylaws
Littering ” means carelessly spreading litter so that falls, descends, blown, seeps, percolates or otherwise escapes or is likely to fall, descend, blown, seep, percolate or otherwise escape into or onto any public or private place; Or causing, permitting or allowing litter to fall, descend, blow, seep, percolate or otherwise escape into or onto any public or private place; As per SBA Draft Bylaws
Local Body for the purpose of these rules means and includes the municipal corporation, nagar nigam, municipal council, nagarpalika, nagar Palikaparishad, municipal board, nagar panchayat and town panchayat, census towns, notified areas and notified industrial townships with whatever name they are called in different States and union territories in India; ( As per SWM 2016)
Master Plan Means statutory instrument for controlling, directing and promoting sound and rational development and redevelopment of an urban area with a view to achieving maximum economic, social and aesthetic benefits
Material recovery facility ( MRF) means a facility including sorting sheds, established by the Corporation, or an existing waste collection/ aggregation / trading facility authorized by the Commissioner as such, where segregated dry solid waste can be temporarily stored by the Corporation or any person authorized by the Corporation to facilitate segregation, sorting, baling, recovery and temporary storage of recyclables by waste-pickers or other informal waste recycling workers before the waste is delivered or taken up for its processing or disposal; As per Pune Municipal Corporation Public Health & Sanitation Bylaws 2017
Pourakarmika Pourakarmikas also means Safai Karmacharis/Sanitation workers  classified as Skilled Labour engaged by the Municipality, Corporation or an agency/contractor authorised by the Municipality/Corporation/ULB in street sweeping, sanitation work  and the management of municipal solid waste, covered under the Industrial Disputes Act, 1947 , on permanent or contract basis and includes sweepers, night soil and drain cleaners, waste collectors, drivers, gangmen, assistants, loaders in the van, tempos or trucks carrying waste SWMRT Recommendation, to be read along with https://sw.kar.nic.in/webpages/PDF2016/safai%20karmacharis.pdf
pourakarmika means a person working in the City Municipal Council, Town Municipal

Council and Town Panchayats of Karnataka State either on Kshernabhivrudhi or on Daily Wages or

on Contract or- on Equal pay- for equal work  or an outsource system and has served for not less than

2 years and continues to work as such on the date of commencement of these rules;

Definition as per Draft of the Karnataka Municipalities (Recruitment of Pourakarmikas in City Municipal

Councils, Town Municipal Councils and Town Panchayats ) {Special) Rules 2A17

http://www.uddkar.gov.in/sites/uddkar.gov.in/files/pdfs/internet_access_form.pdf

Person means any person or persons and shall include any shop or establishment or firm or company or association or body of individuals whether incorporated or not and their agents, assignee etc.; As per Pune Municipal Corporation Public Health & Sanitation Bylaws 2017
Plastic means material which contains as an essential ingredient a high polymer such as polyethylene terephthalate, (PE T), high density polyethylene (HDPE), Vinyl (PVC), low density polyethylene (LDPE), polypropylene (PP), polystyrene resins (PS), multi-materials like acrylonitrile butadiene styrene (ABS), polyphenylene oxide (PPO), polycarbonate (PC), Polybutylene terephthalate (PBT) etc.;

Provided that the expression Plastic does not include E-Wastes, as defined in sub-clause (r) of clause (1) of Rule 3 of the E-Waste Management Rules, 2016, radioactive, biomedical and other hazardous plastic wastes, to the extent such wastes are governed by other laws already in force in India.

As per Pune Municipal Corporation Public Health & Sanitation Bylaws 2017
Premises includes buildings, tenements in a building, house, outhouse, stable, shed, hut, and any other structure whether of masonry, brick, mud wood, metal or any other material whatsoever and lands of any tenure whether open or enclosed whether built upon or not being used for the time being 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 Municipal Commissioner 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;
Receptacle means container, including bins, bags or sacks of appropriate size and specification, used temporarily or permanently for the storage of any category of solid waste as may be notified by the Corporation
Recycling means the process of transforming segregated non-biodegradable solid waste into new material or product or as raw material for producing new products which may or may not be similar to the original products;
Solid waste means and includes solid or semi-solid domestic waste, sanitary waste, commercial waste, institutional waste, catering and market waste and other non residential wastes, street sweepings, silt removed or collected from the surface drains, horticulture waste, agriculture and dairy waste, treated bio-medical waste excluding industrial waste, bio-medical waste and e-waste, battery waste, radio-active waste generated in the area under the local authorities and other entities mentioned in rule 2;
Street leaf composter A breathable, well aerated structure /container, made out of biodegreadable ( coir, bamboo etc) or non-biodegradable ( plastic, steel etc) material which is not solid or meshed and can be moved easily that  can be placed on streets for neighbourhood leaf composting, SWMRT Recommendation
Street vendor means any person engaged in vending of articles, goods, wares, food items or merchandise of everyday use or offering services to the general public, in a street, lane, side walk, footpath, pavement, public park or any other public place or private area, from a temporary built up structure or by moving from place to place and includes hawker, peddler, squatter and all other synonymous terms which may be local or region specific; and the words “street vending” with their grammatical variations and cognate expressions, shall be construed accordingly;
“vermi composting” means the process of conversion of bio-degradable waste into compost using earth worms;
Waste generator means and includes every person or group of persons, every residential premises and non residential establishments including Indian Railways, defense establishments, which generate solid waste;
Waste hierarchy means the priority order in which the solid waste is to should be managed by giving emphasis to prevention, reduction, reuse, recycling, recovery and disposal, with prevention being the most preferred option and the disposal at the landfill being the least;
Waste picker means a person or groups of persons informally engaged in collection and recovery of reusable and recyclable solid waste from the source of waste generation the streets, bins, material recovery facilities, processing and waste disposal facilities for sale to recyclers directly or through intermediaries to earn their livelihood.
Waste markets Designated or Natural waste areas, in operation for three to five years or more  around the city and within the city that buys, sells, trades, aggregates, processes, pelletisation, bailing,  and recycles non-biodegradable waste/dry waste includes refurbishment, repair. Recommended by Hasiru Dala, endorsed by SWMRT

hd1Additional Definitions to be considered listed by the  Alliance of Indian Waste pickers http://www.wiego.org/sites/wiego.org/files/resources/files/wp_swm_policy.pdf

‘Informal recycling industry’ – refers to the recycling pyramid in which the bottom most layer consists of waste collectors, the second layer of itinerant buyers and small scrap traders, the third layer of large scrap traders and the fourth or the top most layer being the recyclers/reprocessors.

(b) ‘waste collectors’ – Waste collectors are those workers, largely from the socially excluded castes, marginalized communities or migrant workers, whose livelihood depends on informal collection, segregation and sale of scrap. It does not include poor workers such as domestic workers, watchmen, municipal employees/ safai karmacharis, all of whom may be supplementing their incomes through collection and sale of scrap.

(c) ‘itinerant buyers’ – Itinerant buyers are those who purchase small quantities of scrap from households, offices, shops and other small commercial establishments.

(d) ‘scrap traders’ – Scrap traders include retail and wholesale traders who buy directly from the waste collectors and itinerant buyers and resell to processors and reprocessors.

(e) ‘Processors/Reprocessors and Recyclers’ – Reprocessors/processors and recyclers are largely located both in the formal and informal sector and use scrap as their raw material. They range from small scale enterprises to medium size labour intensive industries to automated multinational factories in the case of paper and glass. All enterprises need capital investment and utilize power for their operations.

( g) ‘municipal workers’ – all workers (by whatever name called –safai karmacharis, pourkarmikas) who are employed either directly or employed/engaged through outsourcing/sub-contracting by the local bodies through their agents or contractors to carry out any activity related to the work of conservancy and waste management.

CHAPTER WISE DETAILED FEEDBACK

Chapter II – Segregation and Primary Storage

Given that the chapter deals with two components – it will help if the sections can be expanded to bring in more clarity

Refer Point 4. Segregation of solid waste into different categories at source and storage

In this section, the breakup must be based on the following:

  1. Individual and aggregation of individual generators by categories based on SWM Rules 2016 and the State Rules.
  2. Segregation of solid waste by particular generators divided based on bulk waste generators, commercial establishments, slaughter house and meat markets, hospitals and other health care institutions, Diary and cattle sheds, Workshop and garages, places of worship, hill stations and wildlife protected areas, tourist locations like beaches and other water bodies,  Horticulture waste, street vendors, railways and defence areas, government offices and complexes and market waste

Refer Point 5. Responsibilities of specific categories of Waste generators, it will help to expand

  1. To include categories of waste to be segregated – biodegradable, non-biodegradable, e-waste, sanitary waste, domestic hazardous, construction and demolition waste and bulky waste
  2. The colour coding of bins in which segregated waste needed to be handed out in, based on the days specified by the ULB
  3. Encourage home composting and dry waste to waste pickers
  4. No burning , littering of waste
  5. Example: Hospitals and health care must follow Biomedical Rules 2016

Chapter III– Collection, Delivery and Transportation of Solid Waste

Refer Point 6. Door to Door Collection of Segregated Solid Waste

  1. This section needs to be split again to include the following- Primary Collection and Transportation
  1. Creating Ward micro plan or waste collection route map is a prerequisite to ensure efficient door-to-door collection and transportation system
  2. Notification of Collection System by generators and types of waste to be specified along with timings and frequency
  3. Vehicles and equipment required for primary collection must be specified, along with  
  4. Staffing requirements to be in sync with ward micro plans and vehicles
  5. Destinations to receive segregated waste by waste streams
  6. Integration of wastepickers for dry waste management
  1. This segment must also detail the Corporations Role in infrastructure provision, IEC, community involvement etc
  2. In this section, disposing dead animals must also find a mention.

Refer Point 8.3 The clause Any waste generator can directly deposit or sell their recyclable non-biodegradable waste to agents, authorised waste and scrap dealers at mutually agreed rates, must be reworded to

Any waste generator can directly deposit or sell their recyclable non-biodegradable waste to agents, wastepickers, itinerant buyers or scrap dealers, recyclers or any other ( Example, donate to an NGO working on animal welfare, or up cycling units)  without any compulsion.

Chapter IV– Secondary  Storage of Waste

  1. This chapter must read Secondary Storage, Aggregation and Transportation of Waste and must detail the concept of Dry Waste Collection Centers and operation of the same by the informal waste workers. The chapter must also include definition of aggregation centers to low value waste.
  2. The chapter can list vehicles for transport from DWCCs, /MRFs, aggregation centers and domestic hazardous collection center.
  3. This must also detail the corporation role in constructing facilities, issuance of guidelines etc and the mention Extended Producers Responsibility

Chapter V- Processing and Disposal of Solid Waste

  1. In this section, it is recommended that Type of generators is identified and insitu provisions are defined. Under the duties of the Corporation/ Municipality/ULB, it is also important to mention that the Corporation shall
  1. Issue Guidelines for proper enforcement of the provisions
  2. Establish appropriate incentives for processing of wet waste by generators through tax-rebates/exemptions etc
  1. The chapter fails to recognise the role of the informal waste workers in operating MRFs/DWCCs nor does it put the onus on the municipality to provide facilities to people working in these centers and so should read

The corporation shall

  1. Ensure the operations of DWCCs and MRFs are given to registered wastepickers
  2. The MRFs/DWCCs, sorting sheds  shall have adequate facilities to ensure smooth functioning, including
  • Water for Drinking and Washing
  • Functional Toilets and washing area
  • Electricity and appropriate equipment for handling waste
  • Approach road to the facility and necessary landscaping
  • Storage compartments/closets for tools, clothes etc
  • Fire Safety equipment as may be prescribed
  • Occupational safety equipment like boots, masks, gloves, aprons etc
  • Rest room, wherever possible
  • Assist in insurance of the facility
  • Ensure that reject waste or inert are picked up regularly from the center
  1. The Corporation at no point in time will award an exclusive contract to any agent/contractor, empanelled vendor
  2. Wet waste processing Facilities will only accept segregated wet waste.

Chapter VI- Littering and Public Nuisance

Refer Point 18.1, needs to be reworded as it does take cognizance of the Street Vendors ( Protection of Livelihood and Regulation of Street Vending Act, 2014 ), Article 51 A, Article 18 and Article 21 of the Constitution of India, along with Section 503 of the Indian Penal Code 1860 ( Refer Animal Welfare Board of India, feeding street dogs )

Chapter VII – Identification of Bulk Generators and their Duties

The Bylaws should be read along with the previous notification of the KSPCB effective from 2006 , making it mandatory for Bulk generators housed in premises over 5000 sq mts to undertake in situ processing of organic waste through aerobic or anaerobic methods. The SWM Rules 2016 also mandatorily requires that Bulk generators over 100 kgs should process on site.

In view of this, the option of collection and transportation by Empanelled Vendor should be restricted to(a)  Buildings housed on premises less than 5000 sq mtrs,(b) Bulk Generators generating less than 100 kgs and (c) Buildings housed on premises greater than 5000 sq mtrs constructed prior to 2006.

Other Additions

New Chapter : Use of Information and Communication Technology (ICT):

The Corporation shall seek to maximize the use of ICT such as web based platforms, SMS, mobile applications etc. for effective monitoring, reporting and control of solid waste management activities, including in the following manner:

  1. Management Information Systems (MIS) for waste generation, segregation, collection, temporary storage, sorting, diversion to recycling, processing and transportation;
  2. Geographic Information Systems (GIS) for overall monitoring and tracking of solid waste management;
  3. Efficient monitoring of fleet status and transportation of waste by using vehicle tracking system through Global Positioning System (GPS) / GIS including real time SMS delivery for vehicle breakdown and maintenance, reports of fleet in operation, history, route taken, trip timings, deviation from routes/ timings etc.;
  4. Using smart bins, cameras, sms alerts etc. for effective bin management;
  5. Bin/ container/ chronic spot/ sorting sheds/ scrap shops location mapping, monitoring and tracking;
  6. Monitoring and tracking of processing and disposal facilities;
  7. Generation of real time and standardized reports on waste management;
  8. Creating and updating database of ward mapping, population, waste generation/ collection / transportation/ processing/ disposal, vehicle fleet status, garbage collection status, collection routes, bin locations, chronic spots, waste statistics, citizen complaints, citizen ratings, staff attendance etc.
  9. Citizens portal for providing comprehensive information and dashboards to citizens of overall and localized status of solid waste management;
  10. Citizen complaint management and redressal;
  11. Rating of waste management services by citizens and compliance rating of generators;
  12. E-governance for increasing transparency in civic administration.

New Chapter : Street Sweeping

  1. Sweepers shall mean employees of the corporation/ULB/Municipality or persons indirectly engaged by the Corporation through an agent/contractor for street sweeping, cleaning of drains/trenches and other related activities.
  2. The Corporation shall
  1. Prescribe the mode, time, frequency and manner in which sweeping of streets and removal of street sweeping may take place
  2. Prescribe the maximum area or distance that may be swept by an individual
  3. Ensure occupational safety equipment are provided like boots, masks, gloves, aprons etc
  4. Access to community toilets and washing areas at the ward level
  5. Biometric facility  to be enabled to track attendance

New Chapter : SWM Human resource Management

This Chapter should deal with the occupational  and health requirements of the Waste collectors , Pourakarmikas, waste pickers  and provide as per the provisions of Minimum Wages Act, Industrial Disputes Act 1947

The Corporation

  1. shall provide Uniforms, Protection, mechanized implements and accessories
  2. Shall provide equitable opportunities for men and women in the area of Door to Door collection, street sweeping and O&M operations
  3. Shall provide space for changing rooms, toilets, drinking water facilities, dining facilities
  4. Shall carry out health check up camps
  5. Shall carry out occupational training

New Chapter : Informal waste worker integration

The Corporation shall

  1. Carry out enumeration of the waste pickers and issue ID cards
  2. Provide equal opportunity and induct them in the carrying out of the Door to Door collection activities
  3. Provide access to manage the Bulk generator dry waste.

New Chapter: Plastic Waste Management

The Bylaws have to take into cognizance the requirement of the Plastic Waste Management Rule 9 which states as follows

    1. The producers, within a period of six months from the date of publication of these Rules, shall work out modalities for waste collection system based on Extended Producers Responsibility and involving State Urban Development Departments, either individually or collectively, through their own distribution channel or through the local body concerned.
    2. Primary responsibility for collection of used multi-layered plastic sachet or pouches or packaging is of Producers, Importers and Brand Owners who introduce the products in the market. They need to establish a system for collecting back the plastic waste generated due to their products. This plan of collection to be submitted to the State Pollution Control Boards while applying for Consent to Establish or Operate or Renewal. The Brand Owners whose consent has been renewed before the notification of these Rules shall submit such plan within one year from the date of notification of these Rules and implement with two years thereafter.

New Chapter  :Implementation and Monitoring

The Corporation shall

  1. make adequate provision of funds for capital investments as well as operation and maintenance of solid waste management services in the annual budget
  2. Ensure Timely payments
  3. Set up escrow accounts for O&M
  4. Wherever possible , carryout online direct payments to the accounts of the workers, operators
  5. Mandate that all Bill payments are verified by  third party auditors
  6. Biometrics and GPs to be made compulsory.

Part 3:  Annexures

Annexure 1  References that need to be considered while framing the Bylaws

 

  • Solid Waste Management Rules 2016:

 

11 b while preparing State policy and strategy on solid waste management, lay emphasis on waste reduction, reuse, recycling, recovery and optimum utilisation of various components of solid waste to ensure minimisation of waste going to the landfill and minimise impact of solid waste on human health and environment;

11 (c) state policies and strategies should acknowledge the primary role played by the informal sector of waste pickers, waste collectors and recycling industry in reducing waste and provide broad guidelines regarding integration of waste picker or informal waste collectors in the waste management system.

11 (m) start a scheme on registration of waste pickers and waste dealers.

15 (c) establish a system to recognise organisations of waste pickers or informal waste collectors and promote and establish a system for integration of these authorised waste-pickers and waste collectors to facilitate their participation in solid waste management including door to door collection of waste;

15  (d) facilitate formation of Self Help Groups, provide identity cards and thereafter encourage integration in solid waste management including door to door collection of waste;

15 (h) setup material recovery facilities or secondary storage facilities with sufficient space for sorting of recyclable materials to enable informal or authorised waste pickers and waste collectors to separate recyclables from the waste and provide easy access to waste pickers and recyclers for collection of segregated recyclable waste such as paper, plastic, metal, glass, textile from the source of generation or from material recovery facilities;

15 (l) provide training on solid waste management to waste-pickers and waste collectors

15 (p) collect horticulture, parks and garden waste separately and process in the parks and gardens, as far as possible;

15 (t) involve communities in waste management and promotion of home composting, bio-gas generation, decentralised processing of waste at community level subject to control of odour and maintenance of hygienic conditions around the facility;

15 (u) phase out the use of chemical fertilizer in two years and use compost in all parks, gardens maintained by the local body and wherever possible in other places under its jurisdiction. Incentives may be provided to recycling initiatives by informal waste recycling sector.

15 (zg) create public awareness through information, education and communication campaign and educate the waste generators on the following; namely:- (i) not to litter; (ii) minimise generation of waste; (iii) reuse the waste to the extent possible; (iv) practice segregation of waste into bio–degradable, non-biodegradable (recyclable and combustible), sanitary waste and domestic hazardous wastes at source; (v) practice home composting, vermi-composting, bio-gas generation or community level composting; (vi) wrap securely used sanitary waste as and when generated in the pouches provided by the brand owners or a suitable wrapping as prescribed by the local body and place the same in the bin meant for nonbiodegradable waste; (vii) storage of segregated waste at source in different bins; (viii) handover segregated waste to waste pickers, waste collectors, recyclers or waste collection agencies; and (ix) pay monthly user fee or charges to waste collectors or local bodies or any other person authorised by the local body for sustainability of solid waste management.

15 (zh) stop land filling or dumping of mixed waste soon after the timeline as specified in rule 23 for setting up and operationalisation of sanitary landfill is over;

15 (zi) allow only the non-usable, non-recyclable, non-biodegradable, non-combustible and non-reactive inert waste and pre-processing rejects and residues from waste processing facilities to go to sanitary landfill and the sanitary landfill sites shall meet the specifications as given in Schedule–I, however, every effort shall be made to recycle or reuse the rejects to achieve the desired objective of zero waste going to landfill;

15  (zj) investigate and analyse all old open dumpsites and existing operational dumpsites for their potential of biomining and bio-remediation and wheresoever feasible, take necessary actions to bio-mine or bio-remediate the sites;

15 (zk) in absence of the potential of bio-mining and bio-remediation of dumpsite, it shall be scientifically capped as per landfill capping norms to prevent further damage to the environment.

 

  • The Municipal Solid Waste Management Manual prepared by the Central Public Health and Environmental Engineering Organisation ( CPHEEO) , Ministry of Urban Development, Government of India

 

clearly highlights the need for gender equity to be practiced in the design of the SWM system and the integration of the informal sector in the city’s municipal solid waste management. The document further lists enabling conditions and supportive actions for an inclusive approach as under:

  • involvement of informal sector workers into formal system with legal recognition, reflection in relevant policy decisions and membership based associations (cooperatives, SHGs);
  • officially recognising these informal associations as viable partner organizations for solid waste management (SWM) service delivery;
  • motivating private sector, NGOs, SHGs to involve these informal associations in SWM service delivery by upgrading them from being waste pickers on streets to waste collectors from source;
  • promoting schemes to provide social security and health benefits to members of these associations;
  • providing low-interest loans to registered organizations of waste pickers (e.g., SHGs) seeking to bid for tenders and contracts;
  • providing incentives to encourage participation of informal sector associations through excise and tax exemptions and other fiscal concessions;
  • giving priority to these associations in taking up small contracts of waste collection and small-scale processing as informal sector enterprises;
  • reserving land in development plans for decentralised processing of biodegradable waste, and for setting up material recovery facilities; and
  • Supporting capacity development programmes for informal sector associations, especially catering to the special needs of women.

It further states that municipal solid waste management plan should be in consonance with the SWM Rules, 2016; the state policy and strategy on MSWM; and the state sanitation strategy (SSS) developed under the NUSP. The manual also states the importance of developing plans through a consultative process and recommends the creation of a stakeholder committee, representing all concerned groups.

 

  • The Swacch Bharath Mission Guidelines

 

2.5.5. Special focus groups : The State Governments shall pursue the following: In their efforts to streamline and formalize SWM systems it shall be the endeavor of ULBs that the informal sector workers in waste management (rag pickers) are given priority to upgrade their work conditions and are enumerated and integrated into the formal system of SWM in cities. http://www.panchayatgyan.gov.in/documents/20181/76396/SBM_Guideline.pdf/5199ed57-d5b8-4b85-8648-5628c688a6b7 

 

  • The Karnataka State Sanitation Strategy

 

Solid Waste Management (SWM) refers to a systematic process whereby waste is converted to resources and contributes to a circular economy. The step wise processes include segregation at source, primary collection, secondary sorting which leads to resource recovery, treatment and processing. It further lists

  • Short Term:  Improve the efficiency in collection of MSW. Coverage of 100% source segregation. Coverage of 100% door to door collection.
  • Medium Term: Improve the efficiency in treatment through various methods of composting. Levy the cost for collection of MSW from the generator. Scientific treatment and disposal of MSW.
  • Long term: Development of solutions for scientific treatment of all types of waste. Phasing out of manufacturing of non-recyclable materials.  Implementing EPR for all streams of waste. Formalize the informal sector by integrating them into formal systems of collection http://www.municipaladmn.gov.in/sites/municipaladmn.gov.in/files/karnataka_state_sanitation_strategy_9.9.2017_shpc.pdf 

 

  • Karnataka State Plastic Ban

 

Reference: http://www.karnataka.gov.in/empri/PlasticBan/Notification_BAN-OF-Plastics.pdf

http://www.karnataka.gov.in/empri/PlasticBan/plastic%20ban%20notification.pdf

Annexure 2: Suggested Schedule for Bulky Waste

Schedule for Bulky Waste

  • Furniture and Furnishings such as wardrobes, tables, chairs, TV cabinets, shoe racks, computer tables, beds, cots, chair, dining tables, sofas etc
  • Domestic Appliances and IT/home entertainment sets  such as washing machines, fridges, Television sets, microwaves, speakers, oven, mixes, grinders, vacuum cleaners, lamps, iron, musical instruments etc
  • Kitchen items, utensils
  • Miscellaneous items including baths, sinks, toilets, kitchen units, mattresses  fish tanks and aquariums, fence etc

Commentators:

 

  • Pinky Chandran

 

  • Sandya Narayanan
  • Nalini Shekar
  • Anuradha Govind
  • Meenakshi Bharath
  • N S Ramakanth
  • Marwan Abubaker
  • Shalini Khanna
  • Myriam Shankar
  • Savita Hiremath
  • Vani Murthy
  • Archana Kashyap

 

 

from the Solid Waste Management RoundTable, Bangalore.

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