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Gazette Tracker

Core Purpose

Notifies the Environment (Construction and Demolition) Waste Management Rules, 2025, superseding the 2016 rules to strengthen environmentally sound management of construction and demolition waste.

Detailed Summary

This notification publishes the Environment (Construction and Demolition) Waste Management Rules, 2025, effective from April 1, 2026. These rules apply to all construction, demolition, remodelling, renovation, and repair activities, excluding specific waste categories like atomic energy and defense projects. Key aspects include: - Definitions of terms like 'construction and demolition waste', 'producer', 'recycler', 'extended producer responsibility', etc. - Establishment of an extended producer responsibility framework implemented through an online portal. - Mandates for waste management plans and waste utilisation plans for producers and occupiers. - Sets targets for recycling and utilization of construction and demolition waste, detailed in schedules for various years starting 2026-27. - Outlines responsibilities for waste generators, producers, recyclers, contractors, service providers, local authorities, and central and state government bodies. - Introduces extended producer responsibility certificates and their trading mechanism. - Establishes committees at central and state levels for monitoring and implementation. - Specifies procedures for waste storage, processing, environmental compensation, reporting, and appeals.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-05042025-262313 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 180] NEW DELHI, FRIDAY, APRIL 4, 2025/CHAITRA 14, 1947 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 2nd April, 2025 G.S.R. 219(E).—WHEREAS the Central Government made the Construction and Demolition Waste Management Rules, 2016 vide its notification number G.S.R. 445(E), dated 29th March, 2016 to provide for the environmentally sound management of construction and demolition waste in the country, including its segregation, collection, recycling, treatment and disposal, and to discourage unscientific disposal, promote scientific waste management, prevent loss of recyclable value, and address pollution related issues emanating from dumping of such waste; AND WHEREAS Central Government has considered it expedient and necessary to make comprehensive revision and strengthening of the said rules by incorporating specific measures for waste management, waste utilization and to deal with its non-compliance, and to align with circular economy and resource efficiency approaches by introducing extended producer responsibility, environmental compensation, and centralised interface based online monitoring and compliance assessment; AND WHEREAS a draft Construction and Demolition Waste Management Rules, 2024 was published in the Gazette of India, Extraordinary, vide notification number G.S.R. 458(E), dated the 29th July, 2024, inviting objections and suggestions from all persons likely to be affected thereby within the period of Sixty days from the date on which copies of the Gazette containing the said notification were made available to the public; AND WHEREAS the objective and suggestions received within the stipulated period were duly considered by the Central Government; NOW, THEREFORE, in exercise of the powers conferred by sections 6, 8, and 25 of the Environment (Protection) Act, 1986 (29 of 1986) read with sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, and in supersession of the Construction and Demolition waste management Rules, 2016, except as respect things done or omitted to be done before such supersessions, the Central Government hereby makes the following rules, namely :- CHAPTER-I PRELIMINARY 1. Short title and commencement. - (1) These rules may be called the Environment (Construction and Demolition) Waste Management Rules, 2025. (2) They shall come into force with effect from the 1st April, 2026. 2. Application. - (1) These rules shall apply to all activities of construction, demolition, remodelling, renovation and repair of any structure. (2) These rules shall not apply to the waste categories or streams covered under – (a) the Atomic Energy Act, 1962 (33 of 1962) and the rules made thereunder; (b)the defence projects, and other projects of a strategic nature; (c) the Waste generated due to natural disasters or by the act of war; and (d) Waste covered in any other sector specific waste management rules. 3. Definitions. - (1) In these rules, unless the context otherwise requires, - (a) "Act" means the Environment (Protection) Act, 1986 (29 of 1986); (b) "authorised agency" means an agency authorised by the local authority either for collection or transportation or both of construction and demolition waste; (c) "built up area" will shall have the same meaning as used for the purpose of Environmental Impact Assessment Notification, 2006; (d) "Central Board" means the Central Pollution Control Board established under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (e) "collection points" means designated places in the jurisdiction of the local authority where waste generators, other than producers, are required to deposit their construction and demolition waste to facilitate its management in an environmentally sound manner; (f) "construction" means the process of erecting, altering, repairing, renovating or remodeling of a structure, building, infrastructure and utility projects; like, residential and office complexes, roads, highways, industrial complexes, railways, airports, ports, harbors, laying of pipeline for water, wastewater, gas, crude oil, optical fiber cable, electric cable, telecom cable, and such other projects; (g) "construction and demolition waste" means the waste generated due to construction, demolition, remodeling, renovation, repair, and maintenance activities, and comprises of soil, sand and gravel, bricks and masonry, concrete, metal, wood, plastic, ceramic and such other items; (h) "contractor" means a person engaged to undertake construction or demolition, or to provide services to facilitate collection, storage, and dispatch of waste to a processing facility or intermediate waste storage facility or collection points, on commercial basis; (i) "demolition" means dismantling, razing, destroying or wrecking of a building or structure or any part thereof by any means; (j) "development authority" means an agency that implements town planning schemes, area development plans, building laws, and responsible for development of an urban area, regulates incidental civil operations like construction, engineering, demolition, including utility services and amenities; (k) "extended producer responsibility" means the responsibility of a producer to manage construction and demolition waste and to meet recycling targets as per First Schedule to ensure its environmentally sound management; (1) "guidelines" means a document prepared and issued by the Central Pollution Control Board elaborating minimum requirements, specific measures and procedures for achieving environmentally sound management of construction and demolition waste including its handling, collection, transportation, storage and processing; (m) "intermediate waste storage facility” means a place in the jurisdiction of the local authority, operated by the authority or an authorised operator, where construction and demolition waste can be stored to facilitate its management in an environmentally sound manner; (n) "legacy waste" means the orphan and untreated construction and demolition waste lying in the jurisdiction of the local authority on the date of commencement of these rules; (o) "local authority" means an agency entrusted to discharge functions related to sanitation, covering management of construction and demolition waste, and includes a municipality, panchayat, cantonment board, and notified area committee; (p) "online portal" means a centralised online portal establish by the Central Board for the purposes of implementation and monitoring of extended producer responsibility targets and utilisation of waste, and to act as single point data repository on construction and demolition waste; (q) "producer" means a waste generator, who is occupier or in charge of a building or building complex project having a built-up area of 20000 square meters and above; (r) "re-construction" means all construction activities covering erection, remodeling, repair and renovation, preceded by demolition of an existing structure; (s) "recycler" means an entity registered on the portal, and engaged in the recovery of reusable material from construction and demolition waste through on-site or offsite processing for manufacturing of value added products or otherwise; (t) "processing facility" means a designated establishment equipped with the requisite infrastructure to process construction and demolition waste operated by the recycler, to carry out processes of reception, storage, segregation, treatment, or manufacturing of value-added articles or materials out of construction and demolition waste; (u) "schedule" means a schedule annexed to these rules; (v) “service provider" means an entity or authority providing civic and utility service like water supply, gas pipeline, optical fiber cable network, sewerage, electricity, telephone, drainage, etc.; (w) "standard operating procedure" means a document prepared and issued by the Central Pollution Control Board containing a set of instructions to manage construction and demolition waste in an environmentally sound manner elaborating standardized and minimum requirements of equipment, processes, etc.; (x) "State Board" means the State Pollution Control Board established under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and includes the Union territory Pollution Control Committee; (y) "target" means a tangible number set forth as mandatory responsibility for entities under the extended producer responsibility and for utilisation of waste, corresponding to the quantum of construction and demolition waste generated and the extent of construction materials to be used; (z) "waste" means the construction and demolition waste for the purpose of these rules, unless specified otherwise; (aa) "waste generator" means an occupier of the project having full control over the construction or reconstruction or demolition or renovation or remodeling activity resulting in the generation of waste; (ab) "waste management plan” means a document prepared by producers, duly approved by local authority, for the management of construction and demolition waste to meet extended producer responsibility targets under First Schedule I; (ac) "waste utilisation plan" means a document prepared by occupiers of construction and re-construction projects, duly approved by the local authority, for the utilisation of processed construction and demolition waste to meet waste utilisation targets under the Second Schedule or the Third Schedule. (2) The words and expressions used in these rules, but not defined, shall have the same meanings as assigned to them in the Act. CHAPTER-II MANAGEMENT OF CONSTRUCTION AND DEMOLITION WASTE 4. Management of Construction and Demolition Waste. - (1) every producer shall be responsible for disposal and management of the construction and demolition waste generated by him in an environmentally sound manner in accordance with these rules. He shall also meet the extended producer responsibility targets set out in the First Schedule. (2) The extended producer responsibility framework shall be implemented and monitored through an online portal, and the following entities shall register on the portal, namely: - (a) Producer; (b) Operator of Intermediate Waste Storage Facility; (c) Recycler; and (d) Collection point established by local or development authority. (3) An entity falling in more than one categories shall register in those categories separately and comply with the provisions of these rules accordingly. (4) One receipt of application for registration on the online portal, the Central Board shall issue a certificate of registration within fifteen days of the date of receipt of such application. (5) No entity referred to in sub-rule (2) shall carry out business without registration under these rules. (6) The entities registered under sub-rule (2) shall not deal with any entity not registered under these rules. (7) Where any registered entity furnishes false information or willfully conceals information for registration or return or report or information required to be provided or furnished under this these chapter rules or in case of any irregularity, the registration of such entity may be revoked by the Central Pollution Control Board for a period up to five years after giving an opportunity to be heard and in addition, additionally, environmental compensation charges may also be levied as per rule 18. (8) The Central Board may charge such fees as may be determined by it in consultation with the Central Government for registration of entities and maintenance of the online portal under these rules. (9) The corpus generated as per sub-rule (8) above may be shared between the Central Pollution Control Board and the concerned State Pollution Control Board or Pollution Control Committee in the ratio of twenty to eighty. 5. Compliance of extended producer responsibility targets. – (1) The local authority or development authority, shall ensure compliance with the extended producer responsibility targets under these rules. (2) The extended producer responsibility targets in construction, re-construction or demolition project, shall be regulated through a waste management plan and the local authority and development authority shall include the requirement of recycling of waste in its approval granted or to be granted in respect of all construction projects. (3) Every producer shall prepare a waste management plan in respect of each project which shall assess the quantum of waste from all streams in a construction, re-construction and demolition project and submit it to the local authority for approval. (4) The debris part of the waste, such as, cement concrete, bricks, cement plaster, stone, rubble, tiles ceramics, etc. shall be accounted for assessing the extended producer responsibility targets. (5) The materials in the construction and demolition waste usable or resalable, such as, iron, wood, plastic, metal and glass shall not be considered for assessing the extended producer responsibility targets and will be dealt in accordance with prevalent rules and regulations. (6) Until a recycling facility becomes operational, the local authority or development authority, shall establish and operate an intermediate waste storage facility itself or through an authorised operator and register it on the online portal. (7) The producer shall deposit its entire waste to the processing facility directly, and in case of absence of a functional processing facility, the entire waste generated shall be deposited at the intermediate waste storage facility. (8) In case the producer is undertaking in-situ processing, it shall deposit the entire leftover or unprocessed waste to the processing facility. (9) The registered entities shall be responsible for entering data on waste generation, handling, storage, recycling and value-added products in the online portal, which shall be verified by the implementing agency, to match the material balance of the waste generated in a financial year. (10) A producer shall meet their extended producer responsibility target through purchase of extended producer responsibility certificates from a registered recyclers irrespective of mode of deposition of waste; (11) The details provided by producers, recyclers and intermediate waste storage facility operators shall be cross verified through the online portal, and in case of any mismatch, the lowest figure shall be considered for fulfilment of the targets by the producer; (12) The extended producer responsibility certificates shall be subject to audit by the Central Board, or any other agencies authorised by it. (13) The income from the transaction of extended producer responsibility certificates shall be shared equally between the implementing agency and the recycler. (14) The implementing agency shall refer the cases of violation and non-compliance to the concerned State or Union Territory Pollution Control Board or Committee for taking enforcement action, including levy of environmental compensation. 6. Generation of extended producer responsibility certificate. – (1) The Central Pollution Control Board shall generate extended producer responsibility certificate through the online portal in favour of a registered recycler, calculated as per the Table given below- Table +-------+--------------------+-------------------------------------+ | S. No.| Mode of recycling. | Weightage allocated to the processing mode (WP). | +-------+--------------------+-------------------------------------+ | (1) | (2) | (3) | +=======+====================+=====================================+ | 1. | In-situ recycling | 1.2 | +-------+--------------------+-------------------------------------+ | 2. | Off site recycling | 1 | +-------+--------------------+-------------------------------------+ (2) For the purpose of the Table referred to in sub-rule (1) (i) The quantity of waste eligible for generation of extended producer responsibility certificate shall be calculated by the following formula, namely:- *QEPR = QP X CF X WP *the QEPR is the quantity eligible for generation of the certificate, QP is the quantity of the processed product and CF is the conversion factor (quantity of waste required for production of one unit of output) and WP is the Weightage allocated to the processing mode (ii) Conversion factor CF for each end product shall be determined by the Central Board, in consultation with recyclers, based on the technology used and other factors; (iii) In case of multiple end products of recycling, the conversion factor for the generation of extended producer responsibility certificate shall be calculated by such formula as may be determined by the Central Board with the prior approval of the Steering Committee; and (iv) The weightage WP shall be reviewed by the Central Board from time to time in view of the technological advancements, availability of material and other factors. Example: If 100 Tonnes of processed waste product is produced, and the end-product conversion factor is 0.8 then, the eligible EPR certificate for such conversion shall be as follows: In-situ processing - QEPR = 100 x 0.8 x 1.2 = 96 Tonnes; Off-site processing - QEPR = 100 x 0.8 x 1 = 80 Tonnes; (3) The extended producer responsibility certificate shall be valid for three years from the end of the financial year in which it is generated, and after the expiry of said period of three years the certificate shall automatically cease to exist. (4) Each extended producer responsibility certificate shall be marked with a unique number indicating its year of generation, recycler code, end-product code, and a distinct code, and shall be issued in weight denominations of 100, 200, 500 and 1000 Tonnes. 7. Transaction of extended producer responsibility certificate. – (1) A producer may purchase extended producer responsibility certificates limited to its extended producer responsibility liability of the current year plus any leftover liability of preceding years plus five per cent of the current year's liability. (2) As soon as the producer purchases the extended producer responsibility certificate, it will be automatically adjusted against its liability, wherein priority in adjustment shall be given to past liability and the extended producer responsibility certificate so adjusted shall be automatically extinguished and cancelled. (3) The availability, requirement and other details of the extended producer responsibility certificate for every producer and recycler will be available on the online portal. (4) All the transactions related to the extended producer responsibility shall be recorded and submitted by the producers and recycler on the online portal. (5) The Central Government may, by an order establish one or more trading platforms for the exchange or transfer of extended producer responsibility certificates in accordance with the guidelines issued by the Central Pollution Control Board with the approval of the Central Government. (6) The operation of the platform established under sub-rule (5) shall be operated and regulated in accordance with guidelines made by the Central Government on the recommendation of the Central Pollution Control Board in accordance with these rules. (7) The Central Board shall fix the highest and lowest price for an exchange of extended producer responsibility certificates which shall be equal to one hundred percent and thirty per cent, respectively, of the environmental compensation for non-fulfilment of extended producer responsibility targets. CHAPTER-III UTILISATION OF PROCESSED WASTE 8. Utilisation of processed waste and monitoring. – (1) The processed waste shall be utilised in all construction activities having built-up area of 20000 square meters or above, and road construction as per the targets set out in the Second Schedule and Third Schedule, respectively. (2) The waste utilisation framework shall be implemented through the online portal with mandatory registration of the entities as required in rule 4. (3) The local authority and development authority shall monitor utilisation of waste targets for construction projects through the online portal in their respective jurisdiction. (4) The Central Board shall monitor the utilisation of the waste targets through the portal in road construction activities covering all national highways and roads under the Central Government and any of its agency. (5) The State Board shall monitor the utilisation of waste targets in road construction activities covering highways and roads falling under the jurisdiction of the State Government or Union territory Administration or District Authorities, other than the roads mentioned in sub rule(4). (6) The utilisation of waste in construction activities and road construction shall be regulated by an approved waste utilisation plan and local authority and development authority shall include the requirement of utilization of waste in its approval granted or to be granted in respect of all existing constructions projects. (7) The assessment of quantity of processed waste for use under this rule shall be calculated as a percentage of total virgin or fresh construction material requirement by weight or volume, except wood, iron, metal, plastic, glass, and such other materials. (8) Only debris derived processed waste such as, waste from cement concrete, bricks, cement plaster, stone, rubble, tiles, etc. shall be considered for assessing compliance to the obligated targets, and the utilisation of other resalable or reusable waste, such as, iron, wood, plastic, metal and glass shall not be considered. (9) The recycler shall ensure that the product complies with the quality as per the standards, and technical specifications, if any, set out under any law for the time being in force. (10) A person carrying out the construction activity and road construction shall fulfil the utilisation of waste target under this rule, and in doing so, it may seek support from the service provider, contractor, authorised agency, recycler, or other agencies approved by the local authority or the development authority for this purpose. CHAPTER-IV RESPONSIBILITY OF STAKEHOLDERS 9. Responsibilities of the Waste Generator and producer. – (1) the waste generators shall take following measures for waste management, namely:- (a) collect and segregate waste to facilitate reuse and recycling into separate material streams; (b) store the waste and take steps for its recycling, either in-situ processing or off-site processing; (c) transport entire waste to collection point or intermediate waste storage facility or hand over waste to an authorized agency or recycler, as appropriate; (d) take steps to prevent air pollution, littering of waste and avoid public nuisance during collection, segregation, storage of waste; (e) comply with the orders and directions of the local authority, development authority and other implementing and enforcement agencies. (2) The producer shall follow the standard operating procedures for environmentally sound management of waste, as specified by the Central Board, State Board, local authority and development authority. (3) The producer shall undertake demolition in compliance with 'IS 4130: Safety code for demolition of buildings' or any other standard operating procedures and measures for demolition as specified by the local authority and development authority. (4) The producer shall prepare an integrated waste management plan, with approval of local authority and development authority of all construction activities in a any jurisdictional area. (5) The producer shall inform the local concerned before undertaking any demolition activity. 10. Responsibilities of contractors, service providers and authorised agencies. - The contractor, service provider and authorised agency, shall - (a) assist the waste generator in collection of waste from source to collection points or intermediate waste storage facility or processing facility for recycling; (b) assist the waste generator in meeting the extended producer responsibility targets and utilisation of waste and providing services in strict compliance of these rules; (c) coordinate with local authorities, waste generators, recyclers and operators of intermediate waste storage facilities to facilitate collection, storage, and dispatch of waste to processing facilities or intermediate waste storage facilities, and sharing such information to the authorities concerned; (d) implement sustainable construction practices, including guidance on 'IS 15883: 2021 Guidelines for Construction Project Management Part 11 Sustainability Management'; (e) establish adequate infrastructure for the management of waste, impart training and create awareness among its employees and workers on environmental sound management of waste and utilisation of processed waste; (f) Follow standard operating procedures, and other measures laid down by the Central Board or State Boards or other authorities concerned for environmentally sound management of construction and demolition waste; 11. Responsibilities of operators of intermediate waste storage facility or collection point. - The operator or intermediate waste storage facility and collection point shall - (a) coordinate with the local authority, waste generators, service providers and authorised agencies to facilitate receipt, storage, and dispatch of waste at intermediate waste storage facilities, and sharing such information to implementing and enforcement agencies; (b) obtain prior permission from local authority or development authority before disposal of waste in low lying areas and for other purposes, excluding sanitary landfill facility; (c) follow standard operating procedures, and measures laid down by the Central Board or State Boards or Pollution Control Committees and implementing agencies; (d) furnish information on the online portal for collation of data on receipt, storage, recycling and dispatch of waste during the preceding half year by 15th October and 15th April each year, and file annual returns on the online portal on or before 30th May following the financial year to which that return relates; (e) comply with the responsibilities of authorised agency under rule 10, in case, the entity is engaged in the collection and transportation of waste. 12. Responsibilities of Recycler. - The recycler shall - (a) coordinate with the local authority, waste generators, service providers, authorised agencies and end-users to facilitate receipt, storage, recycling and dispatch of waste at a processing facility, and sharing such information with implementing and enforcement agencies; (b) obtain prior permission from local authority or development authority before disposal of waste in low lying areas and for other purposes, excluding dispatch of recycled material to end-users; (c) follow standard operating procedures, and measures for recycling of waste laid down by the Central Board or State; (d) comply with the product quality standards and technical specifications in respect of recycled products, or end-user requirements, as may be applicable under any law for the time being in force; (e) dispose of rejects or inert material after recycling to the nearest sanitary landfill facility as per the guidelines issued by the Central Board; (f) furnish information on the online portal for collation of data on receipt, storage, recycling and dispatch of waste during preceding half year by 15th October and 15th April each year, and file annual return on the portal on or before 30th May following the financial year to which that return relates; 13. Responsibilities of Central Government. (1) All Ministries, Departments, institutes, and organizations falling under the administrative control of the Central Government shall be responsible for undertaking construction activities in compliance with these rules by aligning the conditions of tender documents, expression of interest, request for proposal, etc. (2) The Ministry of Housing and Urban Affairs shall undertake the following, namely:- (i) Progressively update the 'schedule of rates' to include processed waste products and articles through the Central Public Works Department; (ii) Sensitise local authorities engaged in Swachha Bharat Mission (Urban) for management of construction and demolition waste; (iii) Align the provisions of model building bye-laws relating to the issue of building plan permits, demolition permits, and completion certificate with provisions of these rules; (iv) Incorporate reasonable compliance to these rules as a pre-requisite in performance evaluation and rating of local authority under various programmes. (3) The Ministry of Road, Transport and Highways shall undertake measures, including encouraging research, to promote utilisation of construction and demolition waste in road construction projects, and develop associated technical specifications and guidance manuals for such usage. (4) The Ministry of Rural Development, Ministry of Panchayati Raj and Ministry of Jal Shakti, through the Department of Drinking Water and Sanitation, shall undertake awareness activities and programs to sensitise the population in rural areas for management of construction and demolition waste, and implementation of the provisions of these rules. (5) The Ministry of Commerce and Industry shall take measures to facilitate the listing of processed waste articles on Government E-marketplace. 14. Responsibilities of Central Pollution Control Board. The Central Pollution Control Board shall be responsible for- (1) Setting up, operation and maintenance of the portal, and monitoring compliance of extended producer responsibility framework; (2) Ensuring functionality of the portal within six months from the date of notification of these rules, registration of entities, and implementation of the extended producer responsibility and waste utilisation framework in online manner; (3) Monitoring implementation of the waste utilisation framework in road construction, as prescribed under these rules; (4) Fulfilling responsibilities assigned under these rules, including issuance of extended producer responsibility certificate; (5) Coordination with the agencies to Central and State or Union Territory Government for smooth implementation of these rules; (6) Framing and implementing Guidelines and Standard Operating Procedures on the following- (a) 'Implementation of extended producer responsibility framework' covering registration on the portal, approval of waste management plan, extended producer responsibility certificate generation, transfer or exchange of certificates, fulfilment of obligation, returns, etc.; (b) 'Implementation of waste utilisation framework' covering registration of projects, approval of waste utilisation plan, exemption from waste utilisation, fulfilment of obligation, returns, etc.; (c) 'Environmentally sound management of waste' covering collection, storage, transportation, recycling and disposal of waste, and any other aspects. (7) Preparing online forms and returns, as may be required for implementation of these rules, to facilitate flow of information from registered entities; (8) Enforcement of these rules, and conduct of random checks to assess compliance of the registered entities and for that purpose the Board may take help of the State Government or any other agency; (9) Documentation, compilation of data on waste and processed waste, and submission of an annual report to the Central Government; (10) Taking action against violation and non-compliance of these rules; (11) Conducting training programmes to develop capacity building including the State Pollution Control Board and Urban Local Bodies officials of State Governments; (12) Conducting awareness programmes; (13) Integration of all stakeholders with the centralised digital system; (14) Any other function delegated by the Central Government under this chapter these rules from time to time. 15. Responsibilities of Bureau of Indian Standards and Indian Roads Congress. The Bureau of Indian Standards and Indian Roads Congress shall be responsible for the preparation of code of practices and standards for use of recycled materials and products of construction and demolition waste in respect of construction activities and the role of Indian Road Congress shall be specific to the standards and practices pertaining to construction of roads. 16. Responsibilities of State Government or Union territory Administration, local authority or development authority, and the State and Union Territory Pollution Control Board or Committee. (1) The Urban Development and Municipal Administration Department of the State or Union territory Administration shall be responsible for- (a) formulation and implementation of waste management policy, and issuance of directives for management of waste and utilisation of processed waste in its jurisdiction, duly aligned with these rules; (b) supporting local authorities in identification and setting up of intermediate waste storage facilities and processing sites on local or regional or cluster basis within a a year of notification of these rules, and monitoring implementation of these rules; (c) directing Department, institutes, and organisations falling under their administrative control to undertake construction activities in strict compliance with these rules by aligning the conditions of tender documents, expression of interest, request for proposal, etc.; (d) supporting and supervising agencies of the State or Union territory to: (i) Assess quantum of waste to be managed; (ii) Approve waste management and waste utilisation plans in a timely manner; (iii) Levy environmental compensation from non-compliant construction activities; and (iv) Undertake effective monitoring; (e) inclusion of processed waste articles and materials in the state-specific ‘Schedule of rates'; (f) taking measures for registration, skill development, safe operating conditions and routine health monitoring of construction and demolition workers ; (g) alignment of local building and construction related byelaws to these rules. ; (2) The local or development authority, as appropriate, shall be responsible for- (a) monitoring implementation of these rules; (b) referring cases of violation and non-compliance to State or Union Territory Pollution Control Board or Committee; (c) timely grant of approvals to waste management and utilisation plans in online mode; (d) putting mandatory conditions in tenders, expression of interests, requests for proposals, work orders, etc. for compliance of extended producer responsibility and waste utilisation framework; (e) establishment of processing facility or intermediate waste storage facilities or both, in their jurisdiction or cluster or regional basis, within a year of notification of these rules; (f) setting up collection points to facilitate waste collection from the source and to ensure to transport waste to the registered recycler and collect the charges for the same; (g) facilitating registered entities to transport and store waste enabling its recycling through an in-situ mode or through processing facility; (h) taking measures for the management of legacy or orphan waste; (i) implement an offtake plan, if required, for the utilisation of waste from processing facility; (j) seeking information from registered entities and other stakeholders; (k) submitting annual report to the State Pollution Control Board or Pollution Control Committee, in a format laid down Central Pollution Control Board. (3) The State or Union Territory Pollution Control Board or Committee, shall be responsible for- (a) enforcement of these rules; (b) implementation of the waste utilisation framework of waste in road construction, as mandated under these rules; (c) monitor the compliance of extended producer responsibility and waste utilisation framework; (d) coordination with the Central Pollution Control Board, local authority, State or Union Territory, Public Works Department, and District Authorities for effective smooth implementation of these rules; (e) inventorisation of waste, including legacy waste, in its jurisdiction; (f) taking action on all cases of violation and non-compliance of these rules, including levy of environmental compensation, in accordance with guidelines of the Central Pollution Control Board; (g) undertake gap analysis i.e. assessment of waste generated vis-à-vis processing capacity available to decide on the requirement of new facilities; (h) undertake programs to create mass awareness through training of stakeholders on waste management, utilisation and adoption of sustainable construction approaches; (i) submission of annual report to Central Pollution Control Board, in a format laid down by it. CHAPTER-V WASTE STORAGE AND PROCESSING REQUIREMENTS 17. Procedure for storage of waste and processed waste. – (1) The local authority shall establish collection points in its jurisdiction for collection of waste from source to processing facility or intermediate waste storage facility. (2) The local authority shall establish an intermediate waste storage facility in the following cases, namely:- (i) non-existence of a functional processing facility in the jurisdiction; and (ii) storage space constraints with the functional processing facility. (3) Intermediate storage of waste provided due to storage space constraints with the processing facility shall be allowed for a duration of one hundred and twenty days, which may be extended up to one hundred and eighty days, with prior approval of the implementing agency. (4) Every processing facility and intermediate waste storage facility shall follow the guidelines and standard operating procedures laid down by the Central Board for environmentally sound management of waste. (5) Adequate measures shall be taken by processing facility and intermediate waste storage facilities to avoid public nuisance, prevent air and water pollution, and unscientific waste disposal. CHAPTER-VI ENVIRONMENTAL COMPENSATION 18. Environment Compensation. - (1) Where any producer, operator of intermediate waste storage facility, recycler, occupiers of construction and reconstruction projects or any other entity, fails to comply with the provisions relating to disposal and recycling of construction and demolition waste in an environmentally sound manner, including extender producer responsibility target, utilisation of waste target under these rules, thereby causing loss, damage or injury to environment or public health, it shall be liable to pay environmental compensation which may be equal to such loss, damage or injury under this rule. (2) No environmental compensation shall be imposed under this rule without an opportunity of being heard in this matter. (3) The Central Board may impose the environmental compensation in accordance with these rules. (4) The Payment of environmental compensation shall not absolve the producer from the extended producer responsibility and the unfulfilled extended producer responsibility for a particular year shall be carried forward to the next year and so on for a period up to three years, where producer complies with the obligation, the amount of environmental compensation paid by him may be returned to him, if the obligation is compiled- (1) within one year, 85% of the environment compensation; (2) within two years, 60% of the environment compensation; (3) within three years, 30% of the environment compensation; and (4) after three years no environmental compensation shall be returned to the producer. (5) If a producer furnishes any false information resulting in over generation of extended producer responsibility certificates, his registration under these rules shall be liable to be cancelled and in case any environmental compensation has been imposed, it shall not be returned in any case. (6) If the producer is guilty of furnishing false information for three times under sub-rule (5) his registration shall be cancelled permanently. (7) The money collected as environmental compensation under this rule shall be kept by CPCB in a separate account and shall be utilised only for collection and recycling of uncollected, legacy, orphan waste and waste in respect of which the environment compensation is levied, research and development, incentivizing recyclers, financial assistance to local bodies for managing waste management projects and on other heads as decided by the committee. (8) The modalities and heads for utilisation of the funds shall be decided by the Steering Committee with the approval of the Ministry of Environment, Forest and Climate Change. CHAPTER-VII MISCELLANEOUS 19. Reporting and information sharing. - (1) The local authority shall submit an annual report to the State Board through online portal by April 30 each year indicating the status of implementation of these rules in its jurisdiction during the preceding financial year. (2) The State Board shall submit an annual report to the Central Board, through online portal by 30th May each year indicating the status of implementation of these rules in the State or Union territory during the preceding financial year. (3) The Central Board shall examine and analyse the reports received from the States Boards, and submit a report to the Central Government in the Ministry of Environment, Forest and Climate Change by 30th June each year indicating the status of implementation of these rules in the country during the preceding financial year. (4) The entities registered under these rules shall furnish information on the online portal for collation of data on receipt, storage, recycling and dispatch of waste during preceding year, by 15th May each year. 20. Accident reporting. - Where an accident occurs during collection, transportation, storage or processing of waste, the manager or in charge of the entity shall report immediately or within 24 hours about the incident to the State Board through telephone and e-mail. 21. Verification and audit. -The Central Board by itself or through a designated agency shall undertake the compliance assessment of entities on extended producer responsibility, utilization of waste, and other provisions of these rules through inspection and periodic audit, as deemed appropriate, and take actions against violations under rules of these rules. 22. Committee. - (1) There shall be a Steering Committee to oversee the implementation of these rules, consisting of following members, namely to be appointed by the Central Government, namely: - (a) the chairperson of the Central pollution Control Board-Chairperson; (b) one representative each from the Union Ministry of- (i) Environment, Forest and Climate Change; (ii) Housing and Urban Affairs; (iii) Road Transport and Highways; (iv) Panchayati Raj; (v) Rural Development; (vi) Jal Shakti; (c) one representative of the NITI Ayoag. (d) one representative each from the Bureau of Indian Standards, Indian Roads Congress, National Council of Cement and Building Materials, Central Road Research Institute, National Council of Building Materials; (e) two representatives each from real estate sector, infrastructure sector, and recycling industry; (f) one representative each from three State Governments on a rotation basis; (g) one representative each from three State Boards on rotation basis; (i) Member Secretary, Central Pollution Control Board - Member Convener. (2) The Steering Committee may co-opt such members and special invitees as may be deemed appropriate for conducting the business of the Committee. (3) There shall be a Monitoring Committee to supervise the implementation of these rules in the State or Union territory consisting of the following members to be appointed by the State Government namely:- (a) Secretary in charge of the Department of the State Government dealing with the environment-chairperson; (b) a representative each of the Department of the State Government dealing with- (i) Urban Development and Municipal Administration; (ii) Road and Transport; (iii) Rural Development and Panchayat; (iv) Land Management and Revenue; (c) a representatives each of the real estate, infrastructure sector, and recycling industry; (d) one representatives each from three Urban Local bodies of the State; (4) The Monitoring Committee may co-opt such members and special invitees-as may be deemed appropriate for conducting the business of the Committee. (5) The Steering Committees shall decide upon the disputes arising and may refer any issue to the Central Government for taking appropriate decision. (6) The Steering Committee shall review the targets, weightage and manner of recycling in view of the technological advancements and other factors and make recommendations to the Central Government for amendment of these rules. (7) The Steering Committee shall be responsible for overall monitoring and supervision of implementation of these rules and take such measures, as it deems necessary for proper implementation of these rules . (8) The members of the Steering Committee and the Monitoring Committee may be paid such allowances for attending the meeting of the Committee as may be determined by the Central Government and the State Government, respectively. 23. Appeal. - (1) Any person or entity aggrieved by an order made under these rules may, within a period of thirty days from the date on which the order is communicated to him, prefer an appeal to the Secretary in-charge of the Department of the State Government or Union territory Administration dealing with environment. (2) Any person or entity aggrieved by a decision relating to imposition of environmental compensation under sub- rule (1), may prefer a second appeal within a period of thirty days from the date on which decision was communicated to him to the Additional Secretary to the Government of India in the Ministry of Environment, Forest and Climate Change, duly accompanied with the proof of deposit of twenty per cent. of the amount of the environmental compensation, which shall be refunded to him, in case, the decision in appeal comes in favor of the appellant. (3) The appellate authority referred to in sub-rule (1) or sub-rule (2) may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (4) The appeal shall be disposed of within a period of sixty days from the date of its receipt in the office of the appellate authority. 24. Action for contravention of these rules.- Any person who fails to comply or contravenes the provision of these rules may be liable to be proceeded with in accordance with the provisions of section 15 of the Act. 25. Power to remove difficulties. The Steering Committee shall examine issues leading to difficulty in the smooth implementation of these regulations and have the power to remove any such difficulty, and may refer any such issues, as deemed fit, for consideration of the Central Government. THE FIRST SCHEDULE [See rule 3(1)(y) and 4(2)] Extended producer responsibility targets for recycling of waste +-------+-----------+------------------------------+-----------------------------+ | SI.No.| Year (Y) | Re-construction | Demolition | | | | Projects* | Projects* | +-------+-----------+------------------------------+-----------------------------+ | (1) | (2) | (3) | (4) | +=======+===========+==============================+=============================+ | 1. | 2025-26 | 25% of the waste generated | 25% of the waste generated | | | | in year Y-1 | in year Y-1 | +-------+-----------+------------------------------+-----------------------------+ | 2. | 2026-27 | 50% of the waste generated | 50% of the waste generated | | | | in year Y-1 | in year Y-1 | +-------+-----------+------------------------------+-----------------------------+ | 3. | 2027-28 | 75% of the waste generated | 75% of the waste generated | | | | in year Y-1 | in year Y-1 | +-------+-----------+------------------------------+-----------------------------+ | 4. | 2028-29 | 100% of the waste generated | 100% of the waste generated | | | onwards | in year Y-1 | in year Y-1 | +-------+-----------+------------------------------+-----------------------------+ * Percentage of recyclable waste as assessed by the local authority or development authority in accordance with these rules. THE SECOND SCHEDULE [See rules 3(1)(y) and 8(1)] Minimum targets for utilisation of waste in construction and re-construction activities +------+-----------+-------------------------------------------------+ | SI.N.| Year | Utilisation of waste targets (% of the total | | | | construction material required) | +------+-----------+-------------------------------------------------+ | (1) | (2) | (3) | +======+===========+=================================================+ | 1 | 2026-27 | 5% | +------+-----------+-------------------------------------------------+ | 2 | 2027-28 | 10% | +------+-----------+-------------------------------------------------+ | 3 | 2028-29 | 15% | +------+-----------+-------------------------------------------------+ | 4 | 2029-30 | 20% | +------+-----------+-------------------------------------------------+ | 5 | 2030-31 | 25% | | | and | | | | onwards | | +------+-----------+-------------------------------------------------+ Note: 1. Target for a project will be decided as per year of the approval of the waste utilisation plan. 2. Direct produce of construction and demolition waste are (i) Fine aggregates, (ii) Recycled Concrete Aggregates (size 5-10 mm, 10-20 mm, 20-40 mm or as required); (iii) Recycled Aggregates (5-10 mm, 10-20 mm, 20-40 mm or as required), and (iv) Manufactured soil; 3. Downstream products manufactured by using recycled construction and demolition waste are (i) Bricks, blocks, tiles, hollow bricks, wall tiles; (ii) Pavers, kerb stones; (iii) Park benches, drain covers, planters, compound wall, fence post, tree guards, tree pit covers, manhole covers, underground cable covers, pre-cast boundary wall panels and poles, and other such items. 4. The utilisation of waste shall be such that it will not have any adverse impact on the quality of construction and safety parameters. Schedule III THE THIRD SCHEDULE [See rules 3(1)(y) and 8(1)] Minimum targets utilisation of waste in road construction +-------+---------------------+-------------------------------------+ | SI.NO.| Year | Waste utilisation Mandate (% of the | | | | total road construction material | | | | required) | +-------+---------------------+-------------------------------------+ | (1) | (2) | (3) | +=======+=====================+=====================================+ | 1. | 2026-27 | 5% | +-------+---------------------+-------------------------------------+ | 2. | 2027-28 | 5% | +-------+---------------------+-------------------------------------+ | 3. | 2028-29 | 10% | +-------+---------------------+-------------------------------------+ | 4. | 2029-30 | 10% | +-------+---------------------+-------------------------------------+ | 5. | 2030-31 and onwards | 15% | +-------+---------------------+-------------------------------------+ Note: 1. Targets of a road construction project will be decided as per year of the commencement of the road construction project. 2. As per IRC: 121-2017, Recycled aggregates and Recycled concrete aggregates derived from construction and demolition waste, after processing, can be used in road construction applications like: (i) embankments, including earthen embankments (as fill material); (ii) flexible pavements (as granular sub-base, cement stabilised base, sub-base course);(iii) concrete pavements (in dry lean concrete, roller compacted concrete, plain cement concrete ; and (iv) paving blocks and kerb stones. 3. The powdered construction and demolition waste, produced as a result of crushing during the production of aggregates, can be utilised as sub-base material after cement stabilisation to meet technical requirements like gradation, strength, water absorption, soundness, etc. 4. The utilisation of waste shall be such that it will not have any impact on quality of road construction and safety parameters. and in special cases if it is not possible for use waste in some road construction project then exemption for the same may be obtained from the concerned authority i.e. Central Pollution Control Board for National Highways Authority of India Project and State Pollution Control Board/ Pollution Control Committees for State Road Projects. [F. No. HSM-12/152/2022-HSM] VED PRAKASH MISHRA, Jt. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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