MUNICIPAL CORPORATION OF BRIHANMUMBAI

  Municipal Solid Waste (Prohibition of Littering and Regulation of Segregation, Storage, Delivery & Collection) Rules 2006

N O T I F I C A T I O N
w.e.f. 1st March 2006

STATEMENT AND OBJECTIVES  

Whereas solid waste management and handling is an obligatory function under Section 61 (A), 61(C) and 61 (N) of the Brihanmumbai Municipal Corporation and has to be done in accordance with the Municipal Solid Waste (Management and Handling) Rules 2000 framed under the Environment (Protection) Act 1986.

And whereas, management and handling of hazardous industrial waste and bio-medical waste are governed by separate sets of rules framed under the Environment (Protection) Act, 1986.

And whereas, the effective implementation of a Solid Waste Management Programme requires an integrated plan that covers all aspects of the situation ranging from framing of appropriate regulations to rationalisation of existing waste management contracts and operations, stringent enforcement of applicable rules as well as active citizen participation.

And whereas, some of the initiatives undertaken by the Brihanmumbai Municipal Corporation include:

• New Solid Waste Management contracts and collection processes which emphasise reduction of community waste storage centres on public roads and a corresponding increase in “on-time” point-to-point collection through bell-ringing vehicles and collection at source of segregated waste.
• Policy Guidelines for Granting Permission to Utility and Municipal Agencies for Excavation and Reinstatement thereafter – Jan. 2005
• Construction & Demolition & De-silting waste (Management & Disposal) Rules – 2006
• Facilitation of the implementation of the Bio-Medical Waste (M & H) Rules, 2000, under the direction of Maharasthra Pollution Control Board (MPCB)
• Establishment of waste processing plants and sanitary landfills and the closure of existing dumping grounds in a scientific manner in phases with the advice and assistance of expert consultants. (planned)
• Promotion of waste segregation, recycling and composting.
• A MOU with the NGO Council for devising collaborative structures to ensure greater citizens participation in Solid Waste Management and other areas.
• Expansion and strengthening of the Dattak Vasti Yojana for cleanliness of slum localities.

And whereas the apathy of generators of waste regarding their responsibility to keep the city clean, to avoid littering, and to ensure proper segregation, storage, and delivery of Municipal Solid Waste as well as some constraints in the storage, collection and transport systems have resulted in incomplete or inadequate compliance with the relevant criteria and procedures for different parameters of management of Municipal Solid Waste given in Schedule II of the Municipal Solid Waste (Management and Handling) Rules 2000.  

Now, therefore, in exercise of his powers conferred by Section 368 of the Mumbai Municipal Corporation Act, 1888, read along with Sections 372 and 373, the Municipal Commissioner of the Brihanmumbai Municipal Corporation (BMC) hereby notifies the rules for Prohibition of Littering and Regulation of Segregation, Storage, Delivery and Collection of Municipal Solid Waste.

The following are the overall objectives of these Rules:

• improving solid waste management practices so as to reduce environmental pollution and improve the quality of life in the city
• a clean city with increased public health and hygiene levels
• no visible waste in public spaces
• segregation of waste into specified types
• maximum recycling of waste
• maximum local composting of bio-degradable waste
• minimising the quantity of waste received at the land-fill
• minimising transport and handling costs
• preventing choking of drains and flooding of streets caused by waste
• improving public awareness and understanding of the waste problem
• promoting transparency of the processes involved, and sharing of information publicly
• facilitating formal BMC-Civil Society partnerships
• encouraging the involvement of Municipal Councillors
• strengthening and empowering citizen groups for more effective and sustainable participation in the enforcement of the Rules. 

 (1)     Title and Commencement:

a. These Rules shall be referred to as the “Municipal Solid Waste (Prohibition of Littering and Regulation of Segregation, Storage, Delivery and Collection) Rules 2006”.

b. Save as otherwise provided in these Rules, they shall come into force from 1st March 2006 .  

(2)      Application:

             These Rules shall apply to every public place within the limits of the Brihanmumbai Municipal Corporation, to every generator of Municipal Solid Waste and to every premises under the ownership or occupation of any person within the limits of the Brihanmumbai Municipal Corporation.  

(3)      Definitions:

In these Rules, unless the context otherwise requires: -

1. “aangan” means the public place in front of or adjacent to any premises extending to the kerb side and including the drain, footpath and kerb; 
   
   
2. “Assistant Commissioner” means the Assistant Commissioner of the concerned ward of Brihanmumbai Municipal Corporation
   
   
3. “agency / agent” means any person / entity appointed or authorised by BMC to act on its behalf, based on  an agreement between the Agent and BMC for discharge of duties or functions such as sweeping of streets, collection of waste, collection of charges, etc.;
   
   
4. "bio-degradable waste" means the waste of plant and animal origin e.g. kitchen waste, food & flower waste, leaf litter, garden waste, animal dung, fish/meat waste;
   
   
5. “bio-medical waste” means any waste which is generated during the diagnosis, treatment or immunisation of human beings or animals or in research activities pertaining thereto or in the production or testing of biologicals, and including categories mentioned in Schedule IV;
   
   
6. "bio-methanation" means a process which involves the enzymatic decomposition of organic matter by microbial action to produce
   methane-rich biogas;
   
   
7. “Brihanmumbai Municipal Corporation” means the Brihanmumbai Municipal Corporation (BMC) and, where the context requires, its Agent(s);
   
   
8. “bulk generator” means the owner, occupier or any other person representing owners and occupiers of any housing society or complex with 200 or more households / units, first and second grade restaurants; star and non-star hotels; markets, industrial estates and shopping complexes / malls and includes any government or public office building, or other users such as clubs, gymkhanas, “marriage halls”, recreation / entertainment complexes that are specifically identified and notified by the Assistant Commissioners of the concerned Ward will also be considered as bulk generators;
   
   
9. “Chief Engineer” means the Chief Engineer of the Solid Waste Management Department of the Brihanmumbai Municipal Corporation;
   
   

10.  “Citizens Cleanliness Team (CCT)” means a team of citizens in a Councillor Ward who have come forward to make regular surveys and reports about the cleanliness situation and participate in the organisation of cleanliness drives or awareness campaigns in their Councillor Ward and who are registered by the Assistant Commissioner of the concerned ward;

11.  “Clean Mumbai Zone” means any specified public road or group of roads, any other public space or any specified area consisting of all the public roads and other public spaces and public buildings in that area, notified by the Municipal Commissioner or the Assistant Commissioner of a Ward for the purpose of maintenance of a high standard of cleanliness at all times and “zero-tolerance” of littering and other public nuisances and “zero-visibility” of garbage;

12. "collection" means lifting and removal of Municipal Solid Waste from fixed collection points or any other location;
    
    
13. “collection at source” means the collection of Municipal Solid Waste by BMC directly from within the premises of any building or common premises of a group of buildings. This is also referred to as “house-to-house collection” or “door-step collection”;
    
    
14. “community waste storage centre”  means any storage facility set up and maintained collectively by owners and / or occupiers of one or more premises for storage of Municipal Solid Waste in a segregated manner in the premises of any one of such owners / occupiers or in their common premises;
    
    
15. "composting" means a controlled process involving microbial decomposition of organic matter; it includes vermi-composting which  is a process of using earthworms for conversion of bio-degradable waste into compost;
    
    
16. "construction and demolition waste" (C&D waste) means non-hazardous waste from building materials, debris and rubble resulting from construction, remodelling, repair and demolition operations;
    
    
17. “Dattak Vasti Yojana (Slum Adoption Scheme)” means the scheme referred to by this name which is operated by BMC through Community Based Organisations for achieving cleanliness in slums;
    
    
18.  “delivery” means handing over any category of solid waste to a BMC worker or any other person appointed authorised or licensed by the BMC for taking delivery of such waste or depositing it in any vehicle provided by the BMC or by any other authorised or licensed by the BMC to do so;
    
    
19. “dry waste” means the category of Municipal Solid Waste referred to at Rule 5.1(6) of these Rules;
    
    
20. “dry waste sorting centre” means any designated land, shed, kiosk, or structure located or any municipal or Government land or in a public space which is authorised to receive & sort dry waste;
    
    
21. “familiarisation/warning period” means that specific period as provided in Schedule I, during which there is a relaxation in the Fines for contravention of these Rules;
    
    
22. “bulk garden and horticultural waste” means bulk waste from parks, gardens, traffic islands, etc. and includes grass clippings, annual weeds, woody 'brown' carbon-rich material such as prunings, branches, twigs, wood chippings, straw or dead leaves and tree trimmings, which cannot be accommodated in the daily collection system for bio-degradable waste;
    
    
23. "generator of waste" means any person generating Municipal Solid Waste within the limits of Municipal Corporation of Brihanmumbai;
    
    
24. “ghanta-gadi” means the bell-ringing vehicle provided by BMC for point-to-point collection of Municipal Solid Waste;
    
    
25. “hazardous waste” means waste that can catch fire, react, or explode under certain circumstances, or that is corrosive or toxic;
    
    
26. “house gully” means a passage or strip of land, constructed, set apart or utilised for the purpose of serving as or carrying a drain or affording access to the latrine, urinal, cesspool or other receptacle for waste or other polluted matter by persons employed in the clearing thereof or in the removal of such matter therefrom;
    
    
27. “inert solid waste” means any solid waste or remnant of processing whose physical, chemical and biological properties make it suitable for sanitary landfilling;
    
    
28. “landfill” means a waste disposal site for the deposit of residual solid waste in a facility designed with protective measures against pollution of ground water, surface water and air fugitive dust, wind-blown litter, bad odour, fire hazard, bird menace, pests or rodents, greenhouse gas emissions, slope instability and erosion;
    
    
29. “litter” includes:
    (a) any solid or liquid domestic or commercial refuse, debris or rubbish and includes any glass, metal, cigarette butts, paper, fabric, wood, food, abandoned vehicle parts, furniture or furniture parts, mattresses, construction or demolition material, garden waste and clippings, soil sand or rocks, pet litter, and (b) any other material, substance or thing deposited in a public  place if its size, shape, nature or volume makes a nuisance or detrimentally affects the proper use of that place;
    
    
30. "littering " means putting litter in such a location that it falls, descends, blows, is washed, percolates or otherwise escapes or is likely to fall, descend, blow, be washed, percolate or otherwise escape into or onto any public place, or causing, permitting or allowing litter to fall, descend, blow, be washed, percolate or otherwise escape into or onto any public place;
    
    
31. “Local Area Citizen Group” (LACG) means a group of owners or occupiers of residential or commercial premises or associations of such owners or occupiers of a particular neighbourhood, that has been defined by the BMC based on specified criteria, who have come forward in order to take responsibility for the maintenance of cleanliness and promotion of waste reduction, segregation and recycling in that area, provided they are registered with the Registrar of Co-operative Societies and their stated aims and objectives include maintenance of cleanliness and promotion of waste reduction, segregation and recycling in their neighbourhood, and which has been approved by BMC as the LACG of that neighbourhood;
    
    
32. "Municipal Commissioner" means the Municipal Commissioner or an Additional Commissioner of Brihanmumbai Municipal Corporation, and where the context requires, any or any officer of the Brihanmumbai Municipal Corporation who is vested or delegated with the relevant powers of the Municipal Commissioner under the MMC Act 1888 or any other law; 
    
    
33. “Municipal Corporation” means the Brihanmumbai Municipal  Corporation and, where the context requires, its Agent(s);
    
    
34. "Municipal Solid Waste" includes commercial, residential and other waste generated in the Municipal Corporation of Brihanmumbai area in either solid or semi-solid form excluding industrial hazardous waste, but including treated bio-medical waste;
    
    
35. “neighbourhood” means a clearly defined locality, with reference to its physical layout, character or inhabitants;
    
    
36. “new construction” means all buildings constructed after 9^th  January 2003, as specified in the BMC (Building Proposals) circular of the same date regarding the mandatory provision of vermi-composting units within such premises;
    
    
37. “NGO Council” means the Council of Non-Governmental Organisations of Mumbai that is a representative body of Civil Society Organisations and the NGO sector in Mumbai, and comprises a mix of organisations with complementary expertise covering different concerns. This Council was formed, recognising that institutionalized partnership between municipal bodies and non-governmental organizations (NGOs)/ civil society organizations (CSOs) is critical for promoting good city governance. BMC has entered into an MoU with the NGO Council for a formalized collaborative working structure;
    
    
38. “nuisance detectors” (NDs) means those employees of BMC who are appointed by BMC to enforce these Rules by detecting instances of contraventions of any of these rules and collecting Fines as specified for contravention of the same;
    
    
39. "occupier/occupant" includes any person who for the time being is in occupation of, or otherwise using, any land or building or part thereof, for any purpose whatsoever;
    
    
40. "owner" means any person who exercises the rights of an owner of any building, or land or part thereof;
    
    
41. "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;
    
    
42. “point-to-point collection” means the system of collection of Municipal Solid Waste from specific pick-up points as designated by BMC, up to which the generator must bring the collected and stored waste for delivery to a ghanta-gadi;
    
    
43. "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;
    
    
44. "processing" means any scientific process by which solid waste is treated for processing for the purpose of recycling or making it suitable for landfilling;
    
    
45. "public place" includes any road, arch road, viaduct, lane, footway, alley or passage, highway, causeway, bridge, square alley or passage whether a thoroughfare or not over which the public have a right of passage, and such places to which the public has access such as parks, gardens, recreation grounds, playgrounds, beaches, water bodies, water courses, public plazas and promenades, government and municipal buildings, public hospitals, markets, slaughter houses, courts, etc.;
    
    
46. “receptacle” means any container, including bins and bags, used for the storage of any category of municipal waste;
    
    
47. "recycling" means the process of transforming segregated non-biodegradable solid waste into raw materials for producing new products, which may or may not be similar to the original products;
    
    
48. “refuse removal charges” means fees or charges notified by BMC from time-to-time for collection, transport and disposal of Municipal Solid Waste from different categories of waste generators. It includes “trade refuse charges” as made applicable to various categories of licensees;
    
    
49. "Schedule" means a schedule appended to these Rules;
    
    
50. "segregation" means to separate Municipal Solid Waste into the specified groups of bio-degradable, hazardous, bio-medical, construction and demolition, bulk garden and horticultural, and all other  inert waste;
    
    
51. “source” mean the premises in which waste is generated or a community storage centre used by owners / occupiers of one or more premises for segregated storage of Municipal Solid Waste;
    
    
52. “stabilised biodegradable waste” means the biologically stabilized (free of pathogens) waste resulting from the mechanical / biological treatment of biodegradable waste; only when stabilised can such waste be used with no further restrictions;
    
    
53. "storage" means the temporary containment of Municipal Solid Waste in a manner so as to prevent littering, attraction to vectors, stray animals and excessive foul odour;
    
    
54. “Superintendent of Gardens” means the Superintendent of Gardens of the Brihanmumbai Municipal Corportation;
    
    
55. "transportation " means conveyance of Municipal Solid Waste from place to place;  
    
    
56. “ward” means an administrative ward of BMC unless specified otherwise;
    
    
57. “ward office” means the office of an administrative ward which is headed by an Assistant Commissioner of BMC;
    

Words and expressions used in these Rules but not defined shall have the meanings respectively assigned to them in the Mumbai Municipal Corporation Act, 1888, or the Municipal Solid Waste (Management and Handling) Rules 2000, unless the context otherwise requires.  

 
(4)  Prohibition of littering, and other nuisances and ensuring “Saaf Aangan”: 

4.1) Littering in any public place: No owner / occupier shall throw, deposit or cause to be thrown or deposited any waste whether liquid, semi-solid or solid including sewage and waste water upon or in any public place, including in any type of water body (natural or man-made) except in a manner provided for in these Rules, the Environment (Protection) Act, 1986, the Mumbai Municipal Corporation Act, 1888, or any other Act or Rules framed under any such Act.  

4.2) Creating Public Nuisance: No person shall bathe, spit, urinate, defecate, feed groups of animals or birds, wash vehicles, utensils or any other object, in any public place except in such public facilities or conveniences specifically provided for any of these purposes.

4.3.) “Ensuring Saaf Aangan”: Every person shall ensure that any public place in front of or adjacent to any premises owned or occupied by him including the footpath and open drain/gutter and kerb is free of any waste whether liquid, semi-solid or solid including sewage and waste water and every such owner / occupier shall provide an adequate number of litter bins on such premises. 

 
(5) Segregation, storage, delivery and collection of Municipal Solid Waste  

5.1) Segregation of waste into six specified groups: Every generator of Municipal Solid Waste shall store unmixed in or separate the waste at the source of waste generation into the following six categories:

1)      bio-degradable (“wet”) waste

2)      specified household hazardous waste

3)      bio-medical waste

4)      construction and demolition waste

5)      bulk garden and horticultural waste including tree trimmings

6)      all other non-bio-degradable (“dry”) waste including recyclable and
non-recyclable waste     

5.2) Delivery of segregated waste: At the co-operative society/multi-storied building/community level, as well as at the point of collection-at-source or the  point of delivery, waste shall be kept unmixed / segregated and stored and delivered in the above specified groups. If the waste delivered is found to be mixed, this will be considered a breach of the Rules, and a fine will be applied as per the Schedule of Fines. Repeated breach may also result in other penal measures.

Proviso: The Municipal Commissioner may separately notify from time to time the mandatory colour coding and other specifications of receptacles prescribed for storage and delivery of different types of solid waste to enable safe and easy collection without any manual handling or spillage of waste, which generators of different types of solid waste shall have to adhere to.

5.3) Bio-degradable waste: Segregated Biodegradable Municipal Solid Waste (as per the illustrative list in Schedule II), if not composted by the generator, shall be stored by generators of such waste within their premises and its delivery shall be ensured by every such generator to the ghanta-gadi, or to the biodegradable waste collection vehicle provided for specified commercial generators of bulk biodegradable waste such as hotels, restaurants, shopping malls, eating places, clubs, canteens, markets, etc. or to the designated biodegradable waste storage centres from where biodegradable waste collection vehicles provided by BMC shall collect such waste daily at such times as the concerned Assistant Commissioner may notify from time to time.

5.4) Composting by all generators: With a view towards achieving the larger objective of reducing the cost of transportation of waste and of promoting local processing of waste it shall be mandatory for any generator of waste who receives a Notice from the concerned Assistant Commissioner to compost the bio-degradable waste at source after a suitable notice period as specified, or at the sites designated for this purpose in the Notice. Suitable exemptions / reductions in applicable fees, if any, will be available to the generators on compliance with a Notice given under the rule.

5.5) Composting of bio-degradable waste by bulk generators and new constructions: Notwithstanding any contained in Rule 5.4; within a period of 6 months from the publication of these Rules, it shall be mandatory for bulk generators & for owners/ occupiers of new constructions to compost bio-degradable waste at source. Where it is not possible to compost at site due to space constraint, alternate arrangements may be considered and approved by BMC on merit by charging suitable fees. Biodegradable waste may also be processed using the bio-methanation technique.  Suitable exemptions / reductions in applicable fees for refuse removal will be available to the bulk generators who comply with this rule. 

5.6) Specified household hazardous waste: [as listed in Schedule III] shall be stored and delivered by every generator of waste to the collection vehicle which shall be provided weekly/periodically by BMC or any other Agency authorised by the Maharashtra Pollution Control Board (MPCB) for collection of such waste, or to a centre designated for collection of such waste for disposal in a manner that is mandated by the Government of Maharashtra or the MPCB.  

5.7) Untreated bio-medical waste (as listed in Schedule IV) shall be stored in specified type of covered receptacles and delivered by every generator of waste to the collection vehicle which shall be provided weekly/periodically by BMC or any other Agency authorized by the MPCB, or to a centre designated for collection of such waste, for disposal in a manner that is mandated by MPCB in accordance with the Bio-Medical Waste (Management & Handling) Rules 2000.

5.8) Construction and Demolition waste (C&D waste) shall be stored and delivered separately as per the Construction & Demolition and De-silting Waste (Management and Disposal) Rules 2006 of BMC. These Rules state that that for Category 4 i.e. Small Generators (household level), it will be the responsibility of the generator to store the segregated C&D waste at source. The generator must then call a local Help-line of BMC or the Agent of BMC, who will then send a vehicle to pick up the segregated C&D waste from the generator, with a specified charge, and then further transport this waste to a processing centre, details of which are available in the respective ward offices of BMC. Non-compliance will attract fines as per the Construction & Demolition & De-silting waste (Management & Disposal) Rules 2006.

5.9) All other Non-biodegradable (“Dry”) waste – both recyclable and non-recyclable – referred to at 5.1(6) in these Rules shall be stored and delivered by every generator of waste to the dry waste collection vehicle which shall be provided by BMC or its Agents at such spots and at such times as may be notified by the concerned Assistant Commissioner from time-to-time for collection of such waste, or to the licensed dry waste sorting centres set up on municipal / Government / private lands. Rag pickers' cooperatives, licensed recyclers or scrap dealers may be appointed as the sole Licensed Agents of BMC for providing dry waste collection services and /or operating such dry waste sorting centres in any specified area. (Illustrative list of types of recyclable waste is given in Schedule II)

5.10) Bulk garden and horticultural waste shall be kept un-mixed and composted at source. Instructions/guidelines with regard to pruning of trees and storage and delivery of tree trimmings including collection schedules, shall be notified by the Superintendent of Gardens or the concerned Assistant Commissioners. Where it is not possible to compost at site, BMC will continue to collect and transport segregated garden and horticultural waste by charging suitable fees as notified by it from time to time.

5.11) Community waste storage centres: Where any type of Municipal Solid Waste is collected by a BMC vehicle directly from any community waste storage centre whether located in an open space or a closed shed located inside any premises or in a public place, the waste shall be deposited inside separate receptacles to be provided for different types of segregated waste, and not around or in the general vicinity of any such receptacle.

5.12) Burning of waste: Disposal by burning of any type of solid waste at roadsides, dump sites, or any private or public property is prohibited. (This does not refer to the facilities set up for close and controlled incineration of specific types of waste which are authorised by the MPCB)  

5.13) Non-compliance of rules as specified in 5.1 – 5.12 will attract a fine as specified in the Schedule of Fines.

5.14) Action against Transport Contractors / BMC Employees: BMC shall take strict and swift action against the Transport Contractor and/or BMC employees, including levying a penalty, if any worker of the contractor or any BMC employee mixes segregated waste at any point of collection; or does not pick up waste as per the specified time schedule.

(6)  Obligatory Responsibilities of BMC

6.1)  Infrastructure facilities: BMC will provide adequate infrastructure facilities to assist citizen compliance with these Rules. In addition to waste collection services, litter bins, conveniently located community storage centres, dry waste sorting centres, and composting centres will be set up, wherever possible and essential, in consultation with local citizens. Adequate community toilet and washing facilities will be provided in slum localities with the participation of the local community based organisations or Local Area Citizens Groups to prevent nuisances such as squatting, washing and bathing on public roads, before imposing any penalties under the relevant Rules.

6.2)  Assistance for reducing and recycling waste: Exemptions and discounts will be provided on the basis of savings made by BMC on account of in-situ processing or recycling by generators of waste at source.

6.3) Citizen Resource Base: The Chief Engineer will prepare and publish lists of composting experts, licensed scrap dealers, dealers of recyclables, container / bin manufacturers, agencies with expertise in recycling, etc. who are registered by the Solid Waste Management Department of the BMC so as to facilitate and support the citizens in recycling waste. Lists of ALMs, LACGs, CBOs under Dattak Vasti Yogana will also be published by the Chief Engineer. The names and telephone numbers of officials and registered persons / organisations who can provide training, guidance and assistance in respect of these processes will be made available through the respective Ward Offices of BMC and the field staff of the solid waste management department.  The details will also be made available at the website of BMC at www.mcgm.gov.in. Awareness about the same will also be created through the media, NGO Council and Local Area Citizen Groups.

6.4)  Trade Refuse Charges:  BMC will rationalise the Trade Refuse Charges applicable to hotels, restaurants, and other generators of waste, so that it is linked to the volume of net waste generated and not to the licence fee charged against any license issued to such a generator of waste. Such information will be available at all Ward Offices and on BMC website.

6.5)  Purchase of compost: Generators of waste are urged to compost their bio-degradable waste and use the compost created for gardening and greening of their individual premises and surroundings. The Superintendent of Gardens of the Municipal Corporation will undertake to purchase any extra compost, if available, from the generator, at a specified fixed price as notified from time to time by him with the approval of the Standing Committee of the BMC.

6.6)  Local Bio-degradable waste processing units: Wherever possible BMC will set up small scale processing units (composting or bio-methanation) in public parks, playgrounds, recreation grounds, gardens, markets, large vacant lands owned and maintained by BMC or any other public authority or Government department, or will cause such units to be set up by adopting agencies / caretakers / contractors / tenants responsible for the maintenance of public spaces or private owners / occupiers of such vacant lands. These will also serve as demonstration models for the local community and will be maintained in such a manner that no nuisance or inconvenience is caused to the public and no damage is caused to the environment.

6.7)   Bio-degradable puja articles: The Assistant Commissioner of every ward will himself undertake or will authorise interested organizations to collect bio-degradable ‘puja’ articles (flowers, leaves, fruits only) at certain designated sites near water-bodies such as beaches, lakes, ponds, etc. as notified, in special receptacles or “kalashes”. The collection from such receptacles will then be composted at a suitable location, and the receptacles as well as the composting units will be manned specifically for this purpose.

6.8) Point-to-Point waste collection services: The Chief Engineer will provide for the collection of the Municipal Solid Waste from specific pick-up points on a public or private road up to which the generator must bring the collected and stored waste for delivery to a “ghanta-gadi” (bell-ringing vehicle) that shall be provided by BMC. The services of the ghanta-gadi shall be provided by BMC for point-to-point collection of waste according to the route plans at such times and at spots as may be notified by the concerned Assistant Commissioners in advance for specified types of waste for different localities. 

6.9) Collection at source: BMC will provide for the collection of Municipal Solid Waste at source from within the premises of a building or group of buildings from waste storage receptacles kept on the premises to which BMC vehicles / workers are provided access at such times as may be notified by the concerned Assistant Commissioners.  

6.10) Data about waste received at landfill: BMC will release publicly, the monthly data about the quantity of each category of waste going to the different landfills and waste processing sites. Such information will be available at the Ward Office and on BMC website.

6.11)    Community waste storage centres in public places: In exceptional cases, where point-to-point collection or collection at source is not possible or has not been started for the time being, BMC will provide and maintain community waste storage centres on public roads or other public spaces wherever essential and possible, as determined by the Assistant Commissioner, by BMC itself or through an Agent, until it becomes possible to make arrangements for collection at source or point-to-point collection by ghanta-gadis at the required frequencies.

Segregated waste shall be delivered by the concerned generators to such community waste storage centres, and thereafter collected by BMC. These community waste storage centres will be manned by BMC or its Agents to ensure compliance of segregation and avoidance of public nuisance and health hazards. Every community waste storage centre shall have at least two separate receptacles for bio-degradable and non-bio-degradable waste. Where possible, composting will also be carried out at these spots. Details of all such centres including the arrangements and schedules of waste collection from such centres will be available at the Ward Office and on BMC website.

6.12)   Data about phasing out of community waste storage centres in public places: The Chief Engineer will publicly release periodic data about the number and location of the community waste storage centres on public roads that have been  phased out, and the corresponding “at-source” or point-to-point collection for that area that has been established prior to the bin being removed.

6.13)    Dry waste sorting centres: In order to regulate and facilitate the sorting of the recyclable and non-recyclable waste the concerned Assistant Commissioners will provide for as many dry waste sorting centres as needed & possible, where dry waste is collected and then sorted. These dry waste sorting centres may be on BMC land or land belonging to the Government or other bodies, made available especially for this purpose, or in the form of sheds or kiosks provided at suitable public places and will be manned/operated by registered cooperative societies of ragpickers / licensed recyclers or any other Agents authorised / appointed by BMC. The non-recyclable waste which remains after sorting will be further transported from such sorting centres from time-to-time to waste disposal sites for processing or land-filling. Facilities for purchase and sale of different types of waste at notified prices at such dry waste sorting centres will also be considered and authorised by concerned Assistant Commissioner.

6.14)    Time schedule and route of collection: The daily and weekly time schedules and routes of BMC’s collection of different types of Municipal Solid Waste such as i) biodegradable, ii) recyclable and non-recyclable (dry), iii) household hazardous, and iv) bio-medical waste, will be fixed and notified in advance by the concerned Assistant Commissioners. Details will be available at all Ward Offices and on the BMC website. Similarly, the arrangements for the collection of construction and demolition waste, and garden and horticultural waste, by BMC or its licensees will be made available to the public as well as to the bulk generators of waste by the Chief Engineer, the Superintendent of Gardens, or the concerned Assistant Commissioner as the case may be.

6.15)  Local Area Citizen Group (LACG): Local Area Citizen Groups who come forward will be will be authorised to collect specified administrative charges to enable them to keep their area clean on the basis of a model agreement. Any LACG may also enter into a model agreement with BMC which will enable them to receive payments from BMC based on fixed unit rates for sweeping of roads, collection of transportation of waste, composting, etc., which are approved by the Standing Committee of the Corporation. Details of registration procedures and model bye-laws and model agreements for LACGs will be made available at all Ward Offices and on BMC and on approval of the Standing Committee of BMC          

6.16)   Cleanliness Drives: The Assistant Commissioners of the ward will organise drives for the enforcement of these Rules & for cleanliness in those areas which he identifies as requiring such special drives and those areas where Local Councillors / Citizens Cleanliness Teams, Government or Corporate bodies or Local Area Citizen Groups come forward to collaborate. The additional resources / support required for such special drives shall be provided by the Chief Engineer.

6.17)   Stakeholder awareness, education and training: The Chief Engineer along with the NGO Council will identify the educational and training needs with regard to cleanliness of different stakeholders (e.g. BMC staff, Agents of BMC, schools, housing societies, slums, shops, hawkers, office complexes, industrial units, commercial unions, ALMs, Local Area Citizen Groups, etc.) Thereafter a coordinated plan and communication strategy will be drawn up and executed to tackle education, awareness-raising and training of all such stake-holders and BMC will invite proposals from professional agencies to undertake a city-wide Awareness and Outreach programme.

6.18)    Documentation of successful initiatives: The Chief Engineer along with the NGO Council will invite documentation of successful citizen and / or local Citizen–BMC partnership initiatives in cleanliness and related areas so as to include in the  Citizen Resource Base that other citizens and the staff of BMC can utilise. Recognition, awards and publicity will be given by BMC for such best practices. Details of such information will be available at all Ward Offices and on BMC website.

6.19)    Info-line and FAQ section: The Chief Engineer along with the NGO Council shall set-up a special “Info-line” and FAQ section on the BMC website with all relevant policies, procedures, forms, and other details. Such information will also be available at all Ward Offices.           

6.20)    Complaints: The Chief Engineer, in consultation with the NGO Council will upgrade the existing Online Complaint Management System (OCMS) or suitably design a new one as part of the proposed Citizens’ Portal to integrate the systems required for the implementation of these Rules. Statistics of complaints and Action Taken Reports shall be displayed in the OCMS / Citizens’ Portal.

6.21) Citizens Cleanliness Team (CCT): Concerned citizens may also form CCTs in each Councillor Ward of the city, as to survey and provide regular reports for monitoring of cleanliness and to participate in the organisation of cleanliness drives or awareness campaigns in their Councillor’s Ward. These reports are filed on the internet, and then forwarded to the relevant BMC officials, as well as displayed publicly, as a means to ensure monitoring and receiving feedback about the cleanliness of that area.

The Assistant Commissioner and the Chief Engineer will set up mechanisms for receiving and taking cognisance of such reports of the CCT Report. Suggestions for improvements in the implementation of the Solid Waste Management programme in the concerned Councillor Ward, including route planning, suggestions for placement of litter bins, recommended areas for clean-up service, requests for Nuisance Detectors at litter-prone spots, suggestions for beautification, as well as the reporting by the CCT will be taken cognisance of by the concerned registered Local Area Citizen Group and BMC officers (at Ward and higher levels). CCT reports may also be publicly displayed by the NGO Council. There will be periodic meetings of the Cleanliness Reporting Teams and NGO Council with the concerned Municipal Corporation officers, to ensure redressal and to facilitate system improvement. 

6.22)   Expressions of Interest: Expressions of interest will be invited by the Chief Engineer through public advertisement to initiate any projects for keeping an area clean, setting up segregation, recycling or waste processing facilities, composting, vermi-composting, bio-methanation, etc. which involves leasing of any municipal land or public space or permission for use of same and / or involves any payment by the BMC. Details of all such invitations of Expressions of Interest will be available at all Ward Offices and on the BMC website, and the proposals received will be reviewed and assessed jointly by BMC and the NGO Council.    

6.23) Surprise checks: Assistant Commissioner will organise surprise checks in various parts of their respective wards in Municipal limits at any time (day or night), with a view to encourage compliance. Any contravention will attract a Fine and any litter found during these checks will be cleared by BMC.

6.24)     Enforcement Squads: The Chief Engineer will strengthen the existing system of Nuisance Detectors (both in numbers and capabilities) and Enforcement Squads by providing suitable uniforms and vehicles to Nuisance Detectors and creating a system of incentives for nuisance detection, and non-revenue targets. “Local Area Citizen Groups”, Citizens Cleanliness Teams or other volunteers may come forward to assist BMC’s squad of Nuisance Detectors in the nuisance detection in their area.   Assistant Commissioners will provide prompt and adequate Nuisance Detectors when required by LACGs and Citizens Cleanliness Teams.

6.25)      Information regarding Fines: Information regarding fines collected by BMC, it’s Agents or Nuisance Detectors will be shared publicly by the Chief Engineer. Such information will also be available at all Ward Offices and on the BMC website.

6.26)     Redressal mechanism: Assistant Commissioners will set-up a redressal mechanism at the Ward level for addressing situations such as non-redressal of complaints within the stipulated time, cases where fines have been wrongly levied for reasons such as inadequate provisions of supporting infrastructure, etc.

6.27)   Joint Review with NGO Council: BMC and NGO  Council will jointly review the effective implementation of these Rules, at least twice a year, and take appropriate steps to ensure course correction such as evaluation of BMC’s achievements against targets; BMC’s support to LACGs; citizen response and participation; revision of Fines, evaluation of incentives, etc. These reviews shall be presented to the Standing Committee of BMC and shared with the public.

6.28)       Specific Annual Targets: Specific Annual Targets shall be set by BMC as per Schedule V & shall be publicly announced.

6.29) Designated officers and periodic reports: The Chief Engineer and the Assistant Commissioner will designate officers under their control who shall be responsible for implementing the obligatory responsibilities of BMC specified under these Rules in accordance with the micro-plans and time schedules for implementation  during the financial year. The specific plans and time schedules and achievements against the same along with reasons for short falls, if any, will also be shared publicly by the Chief Engineer through the BMC web-site.

6.30)   Transparency and Public Accessibility: In order to ensure greater transparency and public accessibility of BMC, it is necessary to build alternate mechanisms other than those currently existing within BMC and hence all such information that BMC is required to or intends to share publicly, shall also be shared with the NGO Council who may publicly display the same in www.karmayog.org for which an MoU has been signed to act as an interface between MCGM and citizens.      

6.31)    Co-ordination with Government Bodies: BMC shall co-ordinate with other government agencies and authorities, to ensure compliance of these Rules within areas under the jurisdiction or control of such bodies.  
  
(7) Obligatory Responsibilities of BMC and/or generators of waste in case of some specific categories / situations:

Keeping in mind the particular nature of some situations, the following responsibilities are specifically mandated:   

7.1) Slums 
BMC’s responsibility: 

(a)  Assistant Commissioners will extend the Dattak Vasti Yojana (Slum Adoption Program) to currently uncovered areas within their wards for solid waste management, wherever qualified Community Based Organisations (CBOs) come forward.

(b)          Where applicable, BMC’s ghanta-gadi will be provided at fixed times to a point outside the slum, for the collection of segregated solid waste.

(c)  In exceptional cases, until the services of a ghanta-gadi at required frequencies can be provided at designated spots on a public road or any other public space for the time being, manned community waste storage bins will be maintained by BMC, where segregated waste will be deposited by the generator, and from where BMC will collect such waste. The CBO’s participating in the Dattak Vasti Yojana will be involved in the maintenance of such community waste storage centres.

(d)  Cleanliness drives will be conducted by BMC in association with local Councillors, Citizens Cleanliness Teams, Local Area Citizen Groups, Government bodies / Corporates for the cleanliness of areas inside the slums, from time to time, in association with CBOs participating in the Dattak Vasti Yojana.

7.2) Poultry, Fish and Slaughter Waste (from all areas other than designated slaughter houses and markets)

Every owner/occupier of any premises other than designated slaughter houses and markets, who generates poultry, fish and slaughter waste as a result of any commercial activity, shall store the same separately in closed, hygienic conditions and deliver it at a specified time, on a daily basis to BMC collection vehicle provided for this purpose. Deposit of such waste in any community waste bin is prohibited and will attract fines as indicated in the Schedule of Fines.  

7.3) Vendors/Hawkers

All vendors/hawkers shall keep their bio-degradable and other waste unmixed in containers / bins at the site of vending for the collection of any waste generated by that vending activity. It will be the responsibility of the generator/vendor to deliver this waste duly segregated to the ghanta-gadi of BMC or to the nearest designated community waste storage bin. Failure to do so will attract fines as per the Schedule of Fines.

7.4) House-gullies:

          It will be the responsibility of the owner/occupier of premises with house-gullies to ensure that no waste is dumped in the house-gully, and to segregate and deliver any solid waste to the waste collection vehicle which shall be provided by BMC at such spots and at such times as may be notified by BMC. Failure to do so will attract a fine as per the Schedule of Fines.

Where owners/occupiers of such premises wish to avail of the services of BMC for the cleaning of the house gully, they must apply to the concerned Ward Office of BMC and pay suitable refuse removal charges as notified may be by BMC from time to time. It will be the responsibility of the owners/occupiers to provide access to the house gully for cleaning purposes.

7.5) Litter by owned/pet animals

It shall be the responsibility of the owner of any pet animal to promptly scoop/clean up any litter created by pet animals on the street or any public place, and take adequate steps for the proper disposal of such waste. Failure to do so will attract fines as per the Schedule of Fines.

7.6) Public Gatherings and Events:  

For Public Gatherings and Events, organised in public places for any reason (including for processions, exhibitions, circuses, fairs, political rallies, commercial, religious, socio-cultural events, protests and demonstrations, etc.) where Police and/or BMC permission is required, it will be the responsibility of the Organiser of the event or gathering to ensure the cleanliness of that area as well as all appurtenant areas.

A Refundable Cleanliness Deposit, as may be notified by BMC, will be taken from the Organiser, by the concerned ward office for the duration of the event. This Deposit will be refunded on the completion of the event after it is noted that the said public place has been restored back to a clean state, and any waste generated as a result of the event has been collected and transported to designated sites. (This deposit will be only for the cleanliness of the public place and does not cover any damage to property.) In case the Organisers of the event wishes to avail of the services of BMC for the cleaning, collection and transport of waste generated as a result of that event, they must apply to the concerned Ward Office of BMC and pay the necessary charges as may be fixed for this purpose by BMC.

(8)       Penalties for contravention of these Rules: -

          On and after the date of commencement of these Rules, there will be a familiarisation/warning period as stated below, after which, any contravention  of these Rules shall be punishable with fines as per the Schedule of Fines
(Schedule I) below for every instance of breach of these Rules and thereafter, on a daily basis, for repeat offences.

Proviso:

1)     For the Rules related to the Prevention of Littering (Rule 4.1), Nuisance Creation (Rule 4.2), ensuring “Saaf Aangan” (Rule 4.3), and for the Specific Categories / Situations (Rule 7), the warning/familiarisation period is one month, during which time the fine charged will be half the fine specified in the Schedule of Fines.

2)     For the Rules related to the Segregation, Storage, Delivery and Collection of Municipal Solid Waste (Rule 5), the warning/familiarisation period is two months, during which time no fine will be charged. This familiarisation period will not be applicable to those generators of waste to whom collection-at-source or point-to-point bell ringing waste collection services are provided or those areas identified and notified as "Clean Mumbai Zones".

3)   For breach of Rules in any notified “Clean Mumbai Zones”, the Fines applicable will be twice the amount as stated in this Schedule of Fines.

4)     For repeat offenders, the fines charged will be five times the Fine stated in this Schedule of Fines.

5)     There will be an escalation in the fines every year by 5% or Rs. 5/-, whichever is higher, or as deemed appropriate by the Municipal Commissioner.   

Schedule – I (Schedule of Fines)

  SCHEDULE – II

Illustrative list of bio-degradable and recyclable waste

 
 Schedule III:

Specified household hazardous waste:  

Schedule IV:  

List of Bio-medical waste: (Extract from the Bio-Medical Waste (M & H) Rules, 1998)  

Schedule V:

Specific annual targets:

Specific annual targets shall be fixed ward-wise, where applicable, by the Chief Engineer of the Solid Waste Management Department in consultation with the Assistant Commissioners of the respective administrative wards and the Deputy Municipal Commissioners of the respective Zones, with clear criteria for selection / prioritising where applicable, for every financial year (1^st April – 31^st March) and shall include the following:

1. Reduction in tons / day of the non-inert waste reaching landfills.
2. Number of "Clean Mumbai Zones" zones to be established including roads, beaches and other important areas to prevent littering and other nuisances and to ensure complete cleanliness at all times.
3. Percentage of waste generated to be segregated completely at source and collected separately.
4. Number of waste bins on public roads to be removed and number of such bins to be managed with arrangements for segregated storage of waste.
5. Number of composting units to be set up – (beginning with bulk waste generators).
6. Percentage of waste lifted throughout the city to be covered for point to point collection / collected at source.
7. Number of Construction & Debris Waste collection and processing centres to be set up.
8. Number of slums to be taken up for coverage under Dattak Vasti Yojana
9. Number of target stakeholders to be covered by awareness and training programs
10. Number of public and slum community toilets to be upgraded
11. Number of new public and slum community toilets to be set up

BMC Solid Waste Management (Prohibition of Littering and Regulation of Segregation, Storage, Delivery and Collection) Rules 2006  
  
  - Index of Rules
  - Complete Rules  
  - Guiding Principles