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

 

MUNICIPAL CORPORATION OF BRIHAN MUMBAI

N O T I C E

 Executive Summary

Draft Recommendations by the NGO Council as on 7 Jan 06.

The Municipal Corporation of Greater Mumbai provides comprehensive waste management services to the city of Mumbai .

The Solid Waste Management Department manages the collection, processing and disposal of all Solid Waste generated in the Municipal area of the city each day inclusive of household and non hazardous industrial solid waste, debris and bio-medical waste.

Despite the considerably large resources spent on the Solid Waste Management Programme for the city, it was observed that over time, there was no marked reduction in either the volume of waste in the city, nor was there any marked improvement in the cleanliness of the city. Hence the issue of Solid Waste Management has been looked at afresh, and several new initiatives, approaches and steps have been undertaken by BMC to improve the situation.

The effective implementation of the Solid Waste Management Programme requires an integrated plan that covers all aspects of the situation ranging from citizen’s participation to framing of appropriate regulations, rationalization of existing waste management contracts, as well as the stringent enforcement of applicable rules.

Some of the initiatives that are being undertaken include:

The main principles of the Prohibition of Littering and Regulation of Segregation, Storage, Delivery and Collection Rules 2006 are that 

  • No one shall litter or dirty any public place.
  • All waste to be segregated by the generator.   
  • All waste to be held with waste-generator or group of generators at designated spots till time of picking up by BMC vehicle using the bell-ringing concept.
  • Composting of biodegradable waste is compulsory for all bulk generators and new constructions. All other generators are urged to compost biodegradable waste. BMC will provide infrastructure as well as assistance for such initiatives.
  • An effective and sustained institutionalised association between BMC and citizen’s to lead to an overall clean city. The existing structure of ALM’s/local citizen groups organizations will be strengthened and systems of citizens’ reporting and monitoring will be established.
  • BMC will ensure that all the systems to support and facilitate the citizen’s responsibility (as generator) are also simultaneously in place.

This document has been prepared by BMC, with the inputs and experience of its Solid Waste Management Team, the NGO Council, Consultants appointed, and several individuals, citizens groups and other organizations who came forward for this purpose.   

Summary of Rules:

1)     Statement and objectives

2)     Title and Commencement

3)     Applicability of the Rules

4)     Definitions

5)     Prohibition of littering, creating nuisance and ensuring “saaf aangan”

6)     Segregation, storage, delivery and collection of Municipal Solid Waste

7)     Some Specific Situations

8)     Penalties for contravention with Schedule I: Schedule of Fines

9)     Obligatory Responsibility of the Brihanmumbai Municipal Corporation

10) Citizens’ Empowerment     

SCHEDULE – II                                                                                               

A. Illustrative list of different types of Municipal Solid Waste.                          

SCHEDULE –III                                                                                            

B.  Storage, delivery and collection of segregated Municipal Solid Waste.  

On publication of this Notice in the newspapers, every person or persons in the City of Mumbai shall adhere to and comply with the herein below stated rules.  These Rules shall be known as Municipal Solid Waste (Prohibition of Littering and Regulation of Segregation, Storage, Delivery and Collection) Rules 2006.  

STATEMENT AND OBJECTIVES  

Statement:

Solid Waste management and handling is an obligatory function of the Municipal Corporation of Brihan Mumbai and has to be done in accordance with the Municipal Solid Waste (Management and Handling) Rules 2000 framed under the Environment (Protection) Act 1986. Management and handling of bio-medical waste and hazardous waste are governed by separate sets of rules framed under the Environment (Protection) Act, 1986. The Municipal Corporation of Brihan Mumbai has been endeavouring to ensure compliance with the Municipal Solid Waste (Management and Handling) Rules 2000 through various measures in consultation with the Government of Maharashtra and the Maharashtra Pollution Control Board (MPCB).

However, apathy of generators of waste regarding their responsibility to keep the city clean, 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 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.  

In order to ensure proper compliance of Schedule II of the Municipal Solid Waste (Management and Handling) Rules 2000, the Municipal Corporation of Brihan Mumbai hereby notifies the following rules to be known as “The Municipal Corporation of Brihan Mumbai Municipal Solid Waste (Prohibition of Littering, and Regulation of Segregation, Storage, Delivery and Collection) Rules 2006” under Section 368 of the Mumbai Municipal Corporation Act 1888.

Objectives:

The overall objectives of these Rules are to have a cleaner city, with increased public health and hygiene levels; a reduction in visible waste in all public spaces; to facilitate recycling of waste, and composting of bio-degradable waste by generators at source thus reducing the quantity of waste received at the land-fill.

Some of the specific objectives of BMC at the end of Year 1 from the date of publication of these Rules include:

  1. Reduction in overall littering and related public nuisance creation in the city
  2. To establish at least 50 “zero-tolerance” zones for littering and related nuisance, including water bodies, public places, etc.
  3. To achieve “zero-garbage” in at least 5 wards, where segregation of all waste, and composting of bio-degradable waste is achieved.
  4. Reduced waste in public places and water bodies, including cleaner roads and footpaths
  5. 100 % at source segregation of waste into 5 specified types: bio-degradable, construction and demolition, bio-medical, specified hazardous and others.
  6. Composting of bio-degradable waste at source by as many generators as possible, by providing assistance as well as creating awareness.
  7. Reduction of recyclable waste being transported to the landfill 
  8. Improved waste management and reduced visible waste in and around slums
  9. Maximising point-to-point collection and house-to-house collection of waste and minimising the number of community waste storage centres located on public roads.
  10. Improved awareness amongst citizens about waste management, and facilitating their active participation
  11. Setting up of formal mechanisms between BMC and civil society organisations for effective implementation of these Rules, especially in monitoring and feedback.

 

 

The Municipal Corporation of Brihan Mumbai Municipal Solid Waste (Prohibition of Littering and Regulation of Segregation, Storage, Delivery and Collection) Rules 2006.  

The Municipal Corporation of Brihan Mumbai Municipal Solid Waste (Prohibition of Littering and Regulation of Segregation, Storage, Delivery and Collection) Rules 2006 are framed under Section 368 of the Mumbai Municipal Corporation Act 1888, so as to achieve the mandate of the Municipal Solid Waste (Management and Handling) Rules 2000.  

(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 on the day of their publication in the newspapers.  

(2)            Applicability of the Rules:

             These Rules shall apply to every public place within the limits of the Municipal Corporation of Brihan Mumbai, to every generator of municipal solid waste and to every premise under the ownership or occupation of any person within the limits of the Municipal Corporation of Brihan Mumbai. 

(3)            Definitions: 

In these Rules, unless the context otherwise requires : -

(a)         aangan” means the public place in front of or adjacent to the entrance of any premises. It includes the pavement, covered drain, open road, shoulder-drain. 

(b)         "biodegradable waste" means the waste of plant and animal origin e.g. food & flower waste, garden waste, animal dung, fish/meat waste, slaughterhouse waste.

(c)         "bio-methanation" means a process which entails enzymatic decomposition of the organic matter by microbial action to produce methane rich biogas;

(d)         “Brihanmumbai Municipal Corporation” means the Municipal Corporation of Brihan Mumbai and where the context requires, its agents.

(e)         "collection" means lifting and removal of municipal solid waste from collection points or any other location;

(f)          community storage centre means any spot commonly used by one or more generators of waste for storage of municipal solid waste;

(g)        "composting" means a controlled process involving microbial decomposition of organic matter;

(h)        "construction and demolition waste" (C and D waste) means waste from building materials, debris and rubble resulting from construction, remodelling, repair and demolition operations;

(i)          “event” means

(j)          familiarization/warning period” means that specific period as defined in these Rules during which time, there is a relaxation in the Fines applicable to those who contravene these Rules.

(k)        "generator of waste" means any person generating municipal solid waste within the limits of Municipal Corporation of Brihan Mumbai;

(l)          Hazardous Wastemeans waste that can catch fire, react, or explode under certain circumstances, or that is corrosive or toxic.

(m)       “house to house collection” means the collection of municipal solid wastes by BMC directly from the premises of any building or common premies of a group of buildings.

(n)        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, 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.

(o)       "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.

(p)         Local citizen group” means a group of citizens of a particular area who have come forward in order to take responsibility for the improvement of their 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. This Group will be recognized as Agents of BMC and empowered to assist in the implementation of these Rules, including through the collection of an ‘administrative charge’, where required, from those who contravene these Rules    [further portion shifted to 9(i) ahead]

(q)         "municipal commissioner" means the Municipal Commissioner of Brihan Mumbai or any officer of the municipal corporation who is vested with the powers of the municipal commissioner.  

(r)         "municipal solid waste" includes commercial, residential and other waste generated in the Municipal Corporation of Brihan Mumbai area in either solid, semi-solid or liquid form excluding industrial hazardous waste, but including treated bio-medical waste;

(s)         "occupier" includes 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, or an owner in occupation of, or otherwise using, any land or building or part thereof, or a rent free tenant of any land or building or part thereof, or a licensee or lessee in occupation of any land or building or part thereof, and any person who is liable to pay to the owner damages for the use and occupation of any land or building or part thereof. It also includes any person who has, for the time being, been permitted by the Municipal Commissioner to enclose any portion of a public road, erect any structure on it or place any article or material on it for any purpose whatsoever.

(t)          "owner"  means the person who receives the rent for any premises or land or part thereof let or intended to be let or occupied separately or who will be entitled to receive the rent thereof if the building or land or part thereof were let and includes an agent or trustee who receives such rent or a receiver or a manager who exercises the rights of a owner of any building, or land or part thereof or a mortgagee in possession;

(u)        "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;

(v)         point-to-point” means the fixed, specific pick-up points as designated by BMC, for the collection of municipal solid wastes, up to which the generator must bring the collected and stored waste.

(w)        "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.

(x)         "processing" means the process by which solid waste are transformed into new or recycled products;

(y)         "public place" includes any road, arch road, via duct, lane, footway, alley or passage, highway, causeway, bridge, square alley, passage whether a thoroughfare or not over which the public have a right of passage, house gullies, open drains 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 hospitals, maternity homes and dispensaries, government and municipal offices, municipal markets and slaughter houses, courts, etc.

(z)         "recycling" means the process of transforming segregated solid waste into raw materials for producing new products, which may or may not be similar to the original products.

(aa)      "schedule" means a schedule appended to these Rules.

(bb)      "segregation" means to separate municipal solid waste into groups of bio-degradable, recyclable and non-recyclable waste.

(cc)      "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;

(dd)      "transportation " means conveyance of municipal solid waste from place to place hygienically through specially designed transport systems, so as to prevent foul odour, littering, unsightly conditions and accessibility to vectors; 

(ee)  "vermicomposting" is a process of using earthworms for conversion of bio-degradable waste into compost.

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: -  

On and after the date of publication of these Rules in the newspapers:

(a) i. No person 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, except in a manner provided for in these rules, or in any other rules framed under the Environment (Protection) Act, 1986 or the Mumbai Municipal Corporation Act, 1888 or under any other law which may be in force.  

ii. No person shall throw any type of waste in to any type of water body (natural or man-made) including “pooja” articles, except in a manner provided for in these rules, or in any other rules framed under the Environment (Protection) Act, 1986 or the Mumbai Municipal Corporation Act, 1888 or under any other law which may be in force.

(b)  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 / conveniences specifically provided for any of these purposes.

(c) Saaf Aangan: Every person shall ensure that any public place in front of or adjacent to the entrance of any premises owned or occupied by him including footpath and open drain/gutter is free of any waste whether liquid, semi-solid or solid including sewage and waste water and every such person shall provide an adequate number of litter bins within such premises and ensure that there are adequate connections for drainage of waste water/sullage into the public drainage system.  

5. Segregation, storage, delivery and collection of Municipal Solid Waste  

On and after the date of publication of these Rules in the newspapers:

(a) Every generator of municipal solid waste shall store waste at the source of waste generation in the following 5 categories:

1)     Bio-degradable waste

2)     specified household hazardous waste

3)     bio-medical waste

4)     construction and debris waste

5)     recyclable and other non-recyclable waste                                

(b) At the house-hold level, every generator of municipal solid waste in Brihan Mumbai shall store waste, if and when generated, at the source of waste generation in four bins/bags: one for biodegradable waste, one for recyclable and other waste such as papers, plastics, metal, glass, rags etc., one for bio-medical waste and the fourth for the specified hazardous waste, and this waste shall be delivered separately to the Municipal Corporation.

(c) Within a period of 6 months from the publication of these Rules, it will be mandatory for bulk generators of waste to segregate all waste at source as well as compost bio-degradable waste at source, where possible. For the purpose of these Rules, Bulk generators means any housing society/complex with 200 or more households, any user/occupier/owner of space of 30000 sq.ft or more (carpet area), and all restaurants, star and non-star hotels, marriage halls, clubs, recreation/entertainment complexes, and all government/ public offices/agencies.  Lists of organisations who can provide assistance for this purpose is available at the Ward Offices of the Municipal Corporation and the BMC website.

(d) Within a period of 6 months from the publication of these Rules, it will be mandatory for the owners/occupants/users of all new construction (whether residential, commercial, educational, religious, cultural, industrial, recreational, hospital, public/government) to segregate all waste at source as well as compost bio-degradable waste at source, and hence the appropriate space provisions for this activity will have to be made in the plan that is submitted to BMC for approval.

(e)  With a view towards BMC’s and citizen’s larger objective of reducing the solid waste received at the land-fill, all citizens are urged to further process the bio-degradable waste generated by them (as detailed in Schedule II of these Rules), and BMC will provide active support to such efforts. [After a period of 12 months from the date of publication of these Rules, it will be mandatory for every generator of waste to compost the bio-degradable waste, at source or at the sites notified by BMC for this purpose

(f) Specified household hazardous waste such as used batteries, containers for chemicals and pesticides, discarded medicines and other toxic or hazardous household waste (as listed in Schedule I), if and when generated, should be kept separately delivered to BMC separately.

(g) Untreated Bio-medical waste shall not be mixed with any of the groups of municipal solid waste specified above and such waste shall be governed by the rules separately framed for the management and handling of such waste under the Environment Protection Act, 1986, and / or the Mumbai Municipal Corporation Act, 1888.

(h) Construction and demolition waste (C and D waste) shall also be stored and delivered separately and such waste will be governed by the Construction & Demolition and De-silting Waste (Management and Disposal) Guidelines of the Municipal Corporation.

(i) Storage of waste in bags at individual household levels shall comply with the relevant Rules as framed by the State Government. Storage of waste in containers that deliver waste to BMC shall comply with the specifications laid down by BMC to facilitate easy collection. Proviso: Detailed specifications for the storage bins with the recommended list of manufactures are available at all Ward Offices and on the BMC website.

(j) In situations where waste is deposited at the community waste storage bin, the waste shall be deposited inside the bin, and not around or in the general vicinity of the bin. Proviso: Throwing of any waste at any non-designated spot, including outside the bin, will be considered as a contravention of these Rules.

(k) All garden and horticultural waste will be kept un-mixed and composted at source. Instructions/guidelines with regard to the pruning of trees and the storage and delivery of tree trimmings will be issues separately from time to time by the Municipal Corporation.

6. Obligatory Responsibilities in some specific cases

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

a) Slums: 

I) BMC’s mandatory responsibility: 

(a)         BMC will extend the Dattak Vasti Yojana / Slum Adoption Program to currently uncovered areas for garbage management.

(b)       Where applicable, BMC’s bell-ringing vehicle will come to a point /inside/outside the slum, for the collection of segregated waste.

(c)       Where access and space is a problem, manned community waste storage bins will be set up by BMC, where segregated waste will be deposited by the generator, and from where BMC will collect segregated waste.

(d)       Cleanliness drives will be conducted by BMC in association with Local Citizen Groups and/or Councillors for the cleanliness of areas inside the slums, from time to time.

(e)       BMC will assist in enforcement of these Rules in slums by providing for prompt and adequate Nuisance Detector’s when required by the residents.    

II) Occupant’s role:  

(f)          It will be the responsibility of the occupants of residential and commercial structures in the slum to keep the areas inside the slum clean.

(g)        Occupants of residential and commercial structures in slums are prohibited from dumping any type of waste in open drains/sewers/any public place including public roads, nallahs, etc. Failure to comply will invite fines, as specified in the Schedule of fines.

(h)        No littering, bathing, urinating, defecating, spitting, etc is permitted in any public place outside the geographic limits of the slums. Failure to comply will attract a fine as indicated in the Schedule of Fines.

(i)          Occupants of a slum are encouraged to work with BMC to keep their area clean, by participating in “shramdaan” where the residents volunteer to clean the area themselves.

(j)          Individual households may be serviced by ragpicker organizations.    

b) Poultry, Fish and Slaughter Waste from all areas other than the designated slaughter houses and markets:

Every licensed or unlicensed owner of any premises other than designated slaughter houses and markets, who generates poultry, fish and slaughter waste shall store the same separately in closed, hygienic conditions and delivered at a specified time, on a daily basis to the BMC (bio-degradable waste) bell-ringing vehicle.

Deposit of such waste in any community waste bin is prohibited and will attract a penalty as indicated in the Schedule of Fines.  

c) Vendors/Hawkers

All vendors/hawkers (whether authorized or unauthorized) shall keep their bio-degradable and other waste unmixed and have a container/receptacle 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 nearest designated community waste storage bin, that is manned by persons who will ensure that the waste is delivered to BMC in a segregated manner.  

d) Burning of municipal solid waste

Burning of any type of solid waste at roadsides, dump sites, or any private or public property within the municipal limits of the city is prohibited. Contravention of this Rule by any person/persons will attract a penalty as indicated in the Schedule of Fines. (This does not refer to the facilities set up for incineration of specific types of wastes which are authorised by the MPCB)  

e) For festive occasions

For a limited number of festive occasions, (list as notified by the State Government), there will be relaxation by BMC in the collection of fines for littering only for a limited period (not exceeding 24 hours, on that day), and BMC will take the required measures to clear the litter generated in this period.  

f) For public gatherings and events:   

For events and gatherings of people 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 BMC permission is required, it will be the responsibility of the organizer of the event or gathering to ensure the cleanliness of that area as well as all appurtenant areas. A Refundable Cleanliness Deposit of upto Rs.10,000/- will be taken from the Organiser, for the duration of the event. This Deposit will be refunded on the completion of the event and 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 is collected and handed over to recyclers or transported to designated sites. (This deposit is only for the cleanliness of the public place and does not cover any damage to property.) In case the Organiser of the of any event wishes to avail of the services of BMC for the collection and transport of waste generated as a result of that event, they must apply to the concerned Ward Office of the M.C.G.M. and pay the necessary charges.

7.       Penalties for contravention of these rules: -

On and after the date of publication of these Rules in the newspapers, there will be a familiarization/warning period as stated, after which, whoever contravenes these Rules shall be punishable with fines as per the Schedule of Fines listed below for every instance of breach of these rules and thereafter, on a daily basis, for repeat offences. 

7. 1 General Points for fines:

1.      During the warning / familiarization period, the fines charged, if any, will be half the fine specified in the Schedule of Fines.  

2.      For Rules related to the Prevention of Littering, Nuisance Creation, ensuring “Saaf Aangan”, and for the Special Situations, the warning period is one month. For the Rules related to the Segregation, storage, delivery and collection of Municipal Solid Waste, the warning period is three months.

3.      For repeat offenders, the fines charged will be five times the actual fine.

4.      There will be a 5% escalation in the fines every year, or as deemed appropriate by the Municipal Commissioner.

5.      For breach of Rules in any notified “zero-tolerance zones”, the Fines applicable will be twice the amount as stated in this Schedule of Fines.

6.      For Rule 4(b) all Fines are for individuals. Where more than one person is found contravening the Rules, each person will be fined individually  

For Rule 4(c): Saaf Aangan: If the owner or occupier of any premises is caught while committing a breach of Rule 4 (c), the corresponding Fines will be applicable. If any “aangan” if found to be with litter, it will be incumbent on the occupier of the premises to remove the said waste forthwith. Non-compliance will attract corresponding fines, as if the owner or occupier was responsible .   

1.      7. 2 Schedule I: Schedule of Fines:    

Sr No

 

 

Description of generator

 

Rule No.

Sub-division

Individual

Group/Institutional – Non Trade

Group/Institutional - Trade

Government Body/agency

Any other type

 

 

 

Amount of Fine applicable for first time offence

(in rupees)

 

Rule no. 4: Littering, Creating Nuisance, and Saaf Aangan

1

Littering

Rule No.4 (a) i

 

Rs.100

 

Rs.500

(group)

 

-

2

Littering in water

Rule no. 4 (a) ii

 

Rs.100

-

Rs.500 (group)

-

-

3

Creating Nuisance

Rule No. 4 (b)

spitting

Rs.20

-

-

-

-

4

bathing

Rs.20

-

-

-

-

5

urinating

Rs.20

-

-

-

-

6

defecating

Rs.20

-

-

-

-

7

Feeding animals/birds in non-designated areas

Rs.20

-

-

-

-

8

Washing vehicles

Rs.50

-

-

-

-

9

Washing clothes/personal arctiles

Rs.20

-

-

-

-

10

Saaf Aangan

Rule no. 4(c)

 

Rs.100

Rs.200

Rs.500

Rs.1000

-

 

Rule No. 5: Segregation, storage, delivery and collection

11

Segregation

Rule No.5 (a)

Not separating into the 5 specified types of waste 

Rs.100

Rs.200

Rs.500

Rs.1000

-

12

Composting        Rule No. 5 (c) and (d)

For bulk generators and new constructions with immediate effect

Rs.100

Rs.200

Rs.500

Rs.1000

-

13

Non-Storage in specified bags

Rule no. 5(i)

Rs.100

-

Rs.500 (group)

-

-

14

Storage and delivery in non-specified containers

Rule no. 5 (i)

Rs.100

-

Rs.500 (group)

-

-

15

Depositing waste outside the designated community waste storage bin or in any non-designated area

Rule No. 5(j)

Rs.100

Rs.200

Rs.500

Rs.1000

-

 

Rule No. 6: Special situations

16

Non-household fish, poultry and meat vendors

6 (2)

Rs.500

-

-

-

-

17

Vendors/Hawkers

6(3)

Rs.500

 

 

 

 

18

Burning of waste

6(4)

Rs.100

-

Rs.500 (group)

-

Rs. 1000 for burning of hazardous waste by ind . Or group

19

Festivals

6(5)

List as notified by the State Govt.

relaxation by BMC in the collection of fines for littering only for a limited period (not exceeding 24 hours)

20

public gatherings/events:

6(6)

Organiser of event to pay to BMC a Refundable Cleanliness deposit of Rs.10000/- for the duration of the event

 

8.  General Obligatory Responsibilities of BMC    

i)                    BMC will provide infrastructure facilities to assist citizens’ compliance with these Rules. Adequate number of litter bins, conveniently located community storage and/or composting centres will be set up, as well as adequate toilet and washing facilities will be provided in protected slum localities where they are inadequate to prevent nuisances such as squatting, washing and bathing on the road before imposing penalties.

ii)                  The Municipal Corporation will provide assistance to the generators of waste for reducing waste by composting and recycling, based on the savings made by the Municipal Corporation by reduction of the volume of garbage to be transported. Details of the assistance available will be provided at all Ward Offices and on the BMC website. Awareness about the same will also be created through the media, a publicity campaign, and Local Citizen Groups.

iii)                 Generators of waste are urged to compost their bio-degradable waste and use the compost created from segregated bio-degradable waste at the source for the purpose of gardening and greening of their individual premises and surroundings. The Department of Parks and 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 the Superintendent of Gardens.  

iv)                The concerned departments of BMC will set up composting units in all the public parks, playgrounds, recreation grounds, gardens, beaches, markets, large public spaces owned and maintained by it and will cause such units to be set up by the adopting agencies/caretakers/contractors responsible for the maintenance of such public spaces. These will also serve as demonstration models for the local community.

v)                 BMC will set up composting units within the landfills, disposal sites, and at any notified suitable areas, for the further processing of bio-degradable waste that is collected by BMC and that is not already composted.

vi)                 BMC will release publicly, monthly data about the quantity of each type of waste going to the different landfills and disposal sites, quantity of waste recycled, processed, etc. Such information will also be available at all Ward Offices and on the BMC website.

vii)              BMC will itself undertake or authorize interested organizations to collect bio-degradable puja articles (flowers, leaves, fruits only) at certain designated sites (water bodies such as beaches, lakes, ponds, etc) as notified by the Commissioner, in special receptacles or “kalashes”. The collection from such receptacles will then be composted at a suitable location, and this receptacle as well as the composting unit will be manned specifically for this purpose.

viii)             In situations where waste cannot be stored by the generators individually or as a group within their own or common premises for unavoidable reasons, the Municipal Corporation will notify community waste storage centres, located in public places where segregated waste shall be delivered by the generator, and thereafter collected by the Municipal Corporation. These community waste storage centres will be manned to ensure compliance of segregation and where possible, composting will also be carried out at these spots. Details of all such centres will be available at all Ward Offices and on the BMC website.

ix)                 The weekly time and schedule of BMC’s collection of different types of municipal solid wastes such as i) biodegradable, ii) recyclable and non-recyclable, iii) hazardous, iv) construction and demolition, and v) bio-medical waste, will be fixed and notified in advance via specific circulars to housing societies and Notices put up at the Ward Office. Details will be available at all Ward Offices and on the BMC website.

x)                  BMC will take strict and swift action against the Transport Contractor and/or BMC employee, including levying a penalty, if the transporter is found to be mixing the segregated waste at any point after its collection; or if the Transporter/BMC employee does not pick up waste as per the specified schedule.

xi)                 BMC will support Local Citizen Groups and Councillors who come forward to take responsibility of keeping their area clean. BMC will provide support in local cleanliness drives organised by such groups by deputing special teams of BMC conservancy staff and of Nuisance Detectors. The defined area that is taken up by the Local Citizen Group and/or Councillor will be declared by BMC to be a “zero-tolerance zone” for litter and nuisance and standard signboards to the effect will be put up in that area, thus enabling effecting implementation of cleanliness by the local citizens group/entity. BMC shall undertake prompt removal of litter/waste in such areas. A single-window system will be set up at Ward-level with one Municipal officer designated specifically to interact with the Local Citizen Groups. Details of all such support and empowerment will be available at all Ward Offices and on the BMC website.

xii)               BMC along with the NGO Council will set up or upgrade the existing Online Complaint Management System (OCMS) to integrate its response/complaints with the structure of these Rules.

xiii)              BMC along with the NGO Council will also provide lists (at wards and on the website) of composting experts, scrap dealers, dealers of recyclables, container manufacturers, all agencies with expertise in recycling, etc. so as to facilitate and support the citizens in recycling waste.

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

xv)              BMC along with the NGO Council will invite documentation of successful initiatives in cleanliness so as to form a citizen resource base that other citizens can utilise. Prizes and publicity will be given by BMC to such best practices. Details of such information will be available at all Ward Offices and on the BMC website.

xvi)             BMC will take cognisance of the periodic reports filed by the citizen Cleanliness Task Force Teams (linked to point no. 9 (v) ahead) and take action on the same, in areas such as route planning, penalties levied, cleanliness drives, awareness efforts, etc. Action based on such reports shall be displayed at the concerned Ward Office, and on the BMC website.

xvii)            BMC will draw up a coordinated plan of action to tackle education, awareness-raising and training of stake-holders and invite NGOs/CSOs/others to submit project proposals to undertake a city-wide Awareness and Outreach programme. Such information will also be available at all Ward Offices and on the BMC website.

xviii)          Details of fines collected, complaints received, etc. will be shared publicly by BMC. Such information will also be available at all Ward Offices and on the BMC website.

xix)             BMC will set-up a Redressal mechanism for cases where fines have been wrongly levied for reasons such as inadequate provisions of supporting infrastructure, etc.

xx)               Expressions of Interest will be invited by BMC through public advertisement to initiate projects for keeping an area clean, setting up segregation, recycling or waste processing facilities, beautification, etc. Details of all such invitations of Expressions of Interest will be available at all Ward Offices and on the BMC website.

xxi)             BMC will conduct surprise checks in various parts of the 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.  

xxii)            BMC will strengthen its existing system of Nuisance Detectors (both in numbers and capabilities) by incorporating support from other areas such as Home Guards, providing uniform and recognition to the ND’s and creating a system of incentives for nuisance detection, and non-revenue targets. The “Local Citizen Groups” or Councillors may come forward to assist the BMC’s squad of ND’s in the nuisance detection in their area.   BMC will provide prompt and adequate ND’s when required by the citizens.

9) Citizen Involvement and Empowerment 

The effective implementation of these Rules requires the active participation of citizens and Councillors with the support of the Municipal Corporation. Hence:  

i)                    Any Local Citizen Group which is registered with the Registrar of co-operative societies and has its stated aims and objectives to include maintenance of cleanliness and promotion of waste reduction, segregation and recycling in their neighbourhood, and that is willing to take the responsibility of keeping an area clean will be recognised as agents and empowered by the Municipal Corporation to do so. This will include enforcement of the anti-littering laws as well as segregation and delivery of recyclable and non-recyclable waste to the Municipal Corporation. Details of registration procedures and model bye-laws will be made available at all Ward Offices and on the BMC and NGO Council website.

Examples of Local Citizens Groups include an Advanced Locality Management (ALM), Non-Governmental Organisations (NGO), Residents’ Welfare Associations (RWA), Community Based organizations (CBO), Neighbourhood co-operative societies, etc.]

ii)                  Such LCGs will be considered to be ‘agents’ of BMC and will be authorised by BMC to collect administrative charges to enable them to keep their area clean. These administrative charges will be within the corresponding amounts listed in the Schedule of Fines, and will be used to take corrective action by the concerned LCG.

iii)                 The Local Citizen Group is also encouraged to network directly with rag-pickers /recycler’s organizations to deliver the segregated recyclable waste to them at a mutually agreed price, thus further reducing the solid waste delivered to the Municipal Corporation.

iv)                Shramdaan” by residents volunteering to clean their area themselves is encouraged. Such initiatives will be publicly acknowledged by BMC.

v)                 Citizens may also form a Cleanliness Task Force (CTF) in each Councillor Ward of the city, so as to provide periodic reports for monitoring of the cleanliness programme. Details of registration procedures will be available at all Ward Offices and on the BMC website. Suggestions for improvements in the implementation of the SWM programme of that area, suggestions for placement of litter bins, recommended areas for clean-up service, requests for Nuisance Detectors at littering prone spots, as well as the reporting by the CTF’s will be taken cognisance of by the concerned Local Citizen Group and the Municipal Corporation officers (at Ward and higher levels) [in areas such as route planning, determination of penalties, beautification, etc.] CTF reports may be publicly displayed by the NGO Council. There will be periodic meetings of the CTF and NGO Council with the concerned Municipal Corporation officers, to ensure redressal and to facilitate system improvement.  (linked to point no. 8 (xv) above)  

vi)                Since beautification improves the cleanliness situation, citizens and citizens groups are also encouraged to suggest to BMC “area improvement/beautification schemes” for their locality. Formats for such inputs will be available at all Ward Offices and on the BMC website.  Such schemes may be publicly displayed by the NGO Council.

vii)              The NGO Council and BMC 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 active support to the Rules, citizens’ response and participation, revision of Fines, evaluation of incentives, etc and these reviews shall be shared publicly.

SCHEDULE – II

Illustrative list of bio-degradable and household hazardous waste:        

Biodegradable Waste

Specified Household Hazardous Waste

"biodegradable waste" means the waste of plant and animal origin. 

“hazardous waste” is waste that can catch fire, react, or explode under certain circumstances, or that is corrosive or toxic

·          Kitchen Waste incl: Tea Leaves, Egg Shells, Fruit and Vegetable peels

·          Meat and bones

·          Garden and leaf litter, including flowers

·          Animal litter

·          Soiled paper

·          House  dust after cleaning

·          Coconut shells

·          Ashes

 

·          Aerosol cans

·          Batteries from flashlights and button cells

·          Bleaches and household kitchen and drain cleaning agents

·          Car batteries, oil filters and car care products and consumables

·          Chemicals and solvents and their empty containers

·          Cosmetic items, chemical-based  

·          Insecticides and their empty containers

·          Light bulbs, tube-lights and compact fluorescent lamps (CFL)

·          Medicines, discarded

·          Paints, oils, lubricants, glues, thinners, and their empty containers

·          Pesticides and herbicides and their empty containers

·          Photographic chemicals

·          Styrofoam and soft foam packaging from new equipment

·          Thermometers and mercury-containing  products

Schedule III:

Storage, delivery and collection of segregated Municipal Solid Waste.

1.       Every generator must segregate waste at source into:

a.      Bio-degradable waste

b.      specified household hazardous waste

c.      bio-medical waste

d.      construction and debris waste

e.       recyclable and other non-recyclable waste                                

2.        It is strongly recommended that Biodegradable municipal solid waste be further treated by the generator of such waste for composting, vermi-composting or biomethanation within the premises where such waste is generated or in any other premises available for community composting, vermi-composting or biomethanation, as far as possible.

In exceptional cases where citizens come forward with a request for space, (such as congested neighbourhoods in the island city, slums or gaothan areas) as notified by the Commissioner, BMC space will be identified for storage, segregation and composting of solid waste, wherever possible.

Guidance and assistance is available from the Municipal Corporation for composting, vermi-composting and bio-methanation and the names and telephone numbers of officials and the registered persons who can provide guidance and assistance in respect of these processes will be made available through the respective Ward Offices of the municipal corporation and the field staff of the solid waste management department.  The details will also be made available at the website of the Municipal Corporation at www.BMC.gov.in.   

If Biodegradable municipal solid waste, for any reason, is not stored and delivered in a segregated manner at source, this will then be considered a breach of the Rules, and a fine will be applied, as per Schedule of Fines to the generator. Segregated bio-degradable waste, if not composted further by the generator, shall then be stored by generators of such waste in covered bins and / or secured bags within their premises [or at the designated community waste storage centers] and their delivery shall be ensured by every such generator of waste to:  

i.                     the bell-ringing biodegradable waste collection vehicle, the services of which shall be provided everyday or point-to-point collection of biodegradable waste by the municipal corporation at such times and at the spots as may be notified by the municipal commissioner for different localities from time to time OR

ii.                    the community (biodegradable waste) storage centres notified by the municipal commissioner, where the biodegradable waste shall be stored in closed containers or stationary compactors of such specifications as the municipal commissioner may specify and from where biodegradable waste collection vehicles provided by the municipal corporation shall collect biodegradable waste daily at such times that the municipal commissioner may notify from time to time. Wherever possible, composting will be done at such sites.  

3.        Non-biodegradable (Recyclable and non-recyclable) municipal solid waste shall be stored in covered bins and / or secured bags and delivered by every generator of waste to-

 (i) any scrap dealer, recycler, authorized rag pickers' organisations, or any other person or

(ii) the community (dry waste) storage centres notified by the municipal commissioner or

(iii) to the dry waste collection vehicle which shall be provided weekly by the municipal corporation at such spots and at such times as may be notified by the municipal commissioner from time to time for collection of recyclable waste.  

In order to regulate the sorting of the recyclable and non-recyclable waste that is collected, BMC will notify as many ward-wise recyclable waste sorting centres as possible, where such solid waste is transported, and then sorted by registered rag pickers organization/recyclers association.  These recyclable waste sorting centres will be on Municipal Corporation land or land belonging to the Government or other bodies, made available specially for this purpose, and will be manned/operated by registered rag-pickers organizations/recyclers organisations.   The non-recyclable waste will be further transported from such sorting centres from time to time to waste disposal sites for processing or land-filling.

4.        Specified hazardous solid waste shall be stored in specific type of covered bins and / or secured bags and delivered by every generator of waste to the collection vehicle which shall be provided weekly by the municipal commissioner for collection of such waste, for disposal in a manner that maybe mandated by the Maharashtra Pollution Control Board.  

5. Untreated Bio-medical waste shall not be mixed with any of the groups of municipal solid waste specified above and such waste shall be governed by the rules separately framed for the management and handling of such waste under the Environment Protection Act, 1986, and / or the Mumbai Municipal Corporation Act, 1888. The bio-med waste generator must transport and dispose the waste produced at his cost, and BMC has appointed agents who pick up such waste twice a week, from specified locations.

6. Construction and demolition waste (C and D waste) shall also be stored and delivered separately and such waste will be governed by the Construction & Demolition and De-silting Waste (Management and Disposal) Guidelines of BMC. These guidelines state that that for Category 4: Small generators (household level), it will be the responsibility of the generator to store the segregated construction and debris (C and D) waste at source. The generator must then call a local Help-line of BMC or an Agent of BMC, who will then send a vehicle to pick up the segregated C and D waste from the generator, at a cost, and then further transport this waste to a processing centre.

7. Community storage centers shall be established and maintained by generators of waste with or without the assistance of the municipal corporation within the premises of such generators of waste. In exceptional cases where community waste storage centers have to be maintained on BMC/public roads/spaces due to unavoidable reasons, it shall be ensured that secure and separate arrangements are made by the BMC for storage and collection of different types of segregated waste at such centres.

   














It is one of the beautiful compensations of this life that no one can sincerely try to help another without helping himself. --Charles Dudley Warner