NGT bans open waste burning

• There shall be complete prohibition on open burning of waste on lands, including at the landfill sites. 
• For each such incident, violators including project proponent, concessionaire, any person or body responsible for such burning, shall be liable to pay environmental compensation of Rs 5,000 in case of simple burning, while Rs 25,000 in case of bulk waste burning. 
• All state governments and Union Territories shall prepare an action plan in terms of the Rules of 2016 and the directions in this Judgment within four weeks from the date of pronouncement. The action plan would relate to the management and disposal of waste in the entire State. The steps are required to be taken in a time-bound manner
• Establishment and operationalisation of the plants for processing and disposal of the waste and selection and specifications of landfill sites which have to be constructed, be prepared and maintained strictly in accordance with the Rules of 2016.
• Non-biodegradable waste and non-recyclable plastic should be segregated from the landfill sites and used for construction of roads and embankments in all road projects all over the country.
• The green panel's judgement came on the petition by Almitra Patel and others seeking directions to local bodies in states and the Centre for improving solid waste management methods.
• The NGT said that the environmental compensation shall be recovered as arrears of land revenue by the competent authority in accordance with law.
• Green tribunal also directed the Central Pollution Control Board (CPCB) and the respective State Boards to conduct survey and research by monitoring the incidents of such burning and to submit a report to the Tribunal as to what pollutants are emitted by such illegal and unauthorised burning of waste.
• The Environment Ministry in April had revised 16-year-old rules for solid waste management with an aim to start more solid waste treatment plants across the country and setting agendas for central ministries, state governments and local bodies.

Solid Waste Management rules, 2016

• The Rules are applicable beyond Municipal areas and extend to urban agglomerations, census towns, notified industrial townships, areas under the control of Indian Railways, airports, airbase, Port and harbour, defence establishments, special economic zones, State and Central government organizations, places of pilgrims, religious & historical importance.
• The source segregation of waste has been mandated to channelize the waste to wealth by recovery, reuse and recycle.
• Responsibilities of Generators have been introduced to segregate waste in to three streams, Wet (Biodegradable), Dry (Plastic, Paper, metal, wood, etc.) and domestic hazardous wastes (diapers, napkins, empty containers of cleaning agents, mosquito repellents, etc.) and handover segregated wastes to authorized rag-pickers or waste collectors or local bodies.
• Integration of waste pickers/ ragpickers and waste dealers/ Kabadiwalas in the formal system should be done by State Governments, and Self Help Group, or any other group to be formed.
• No person should throw, burn, or bury the solid waste generated by him, on streets, open public spaces outside his premises, or in the drain, or water bodies.
• Generator will have to pay ‘User Fee’ to waste collector and for ‘Spot Fine’ for Littering and Non-segregation.
• Used sanitary waste like diapers, sanitary pads should be wrapped securely in pouches provided by manufacturers or brand owners of these products or in a suitable wrapping material and shall place the same in the bin meant for dry waste / non- bio-degradable waste.
• The concept of partnership in Swachh Bharat has been introduced. Bulk and institutional generators, market associations, event organizers and hotels and restaurants have been made directly responsible for segregation and sorting the waste and manage in partnership with local bodies.
• All hotels and restaurants should segregate biodegradable waste and set up a system of collection or follow the system of collection set up by local body to ensure that such food waste is utilized for composting / biomethanation. 
• All Resident Welfare and market Associations,  Gated communities and institution with an area >5,000 sq. m should segregate  waste at source- in to valuable dry waste like plastic, tin, glass, paper, etc. and handover recyclable material to either the authorized waste pickers or the authorized recyclers, or to the urban local body. 
• The bio-degradable waste should be processed, treated and disposed of through composting or bio-methanation within the premises as far as possible. The residual waste shall be given to the waste collectors or agency as directed by the local authority.
• New townships and Group Housing Societies have been made responsible to develop in-house waste handling, and processing arrangements for bio-degradable waste.
• Every street vendor should keep suitable containers for storage of waste generated during the course of his activity such as food waste, disposable plates, cups, cans, wrappers, coconut shells, leftover food, vegetables, fruits etc. and deposit  such waste at waste storage depot or container or  vehicle as notified by the local authority.
• The developers of Special Economic Zone, industrial estate, industrial park to  earmark at least 5% of the total area of the plot or minimum 5 plots/ sheds for recovery and recycling facility.
• All manufacturers of disposable products such as tin, glass, plastics packaging etc. or brand owners who introduce such products in the market shall provide necessary financial assistance to local authorities for the establishment of waste management system.
• All such brand owners who sale or market their products in such packaging material which are non-biodegradable should put in place a system to collect back the packaging waste generated due to their production.  
• Manufacturers or Brand Owners or marketing companies of sanitary napkins and diapers should explore the possibility of using all recyclable materials in their products or they shall provide a pouch or wrapper for disposal of each napkin or diapers along with the packet of their sanitary products.
• All such manufacturers, brand owners or marketing companies should educate the masses for wrapping and disposal of their products.
• All industrial units using fuel and located within 100 km from a solid waste based RDF plant shall make arrangements within six months from the date of notification of these rules to replace at least 5 % of their fuel requirement by RDF so produced.
• Non-recyclable waste having calorific value of 1500 K/cal/kg or more shall not be disposed of on landfills and shall only be utilized for generating energy  either or through refuse derived fuel or by giving away as feed stock for preparing refuse derived fuel.
• High calorific wastes shall be used for co-processing in cement or thermal power plants.
• Construction and demolition waste should be stored, separately  disposed off, as per the Construction and Demolition Waste Management Rules, 2016
• Horticulture waste and garden waste generated from his premises should be disposed as per the directions of local authority.
• An event, or gathering organiser of more than 100 persons at any licensed/ unlicensed place, should ensure segregation of waste at source and handing over of segregated waste to waste collector or agency, as specified by local authority.
• Special provision for management of solid waste in hilly areas:- Construction of landfill on the hill shall be avoided. A transfer station at a suitable enclosed location shall be setup to collect residual waste from the processing facility and inert waste.  Suitable land shall be identified in the plain areas, down the hill, within 25 kilometers for setting up sanitary landfill. The residual waste from the transfer station shall be disposed off at this sanitary landfill.
• In case of non-availability of such land, efforts shall be made to set up regional sanitary landfill for the inert and residual waste.

By: Vishal