Barrackpore,.

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-28072024-255838 EXTRAORDINARY PART II-Section 4 PUBLISHED BY AUTHORITY No. 31] NEW DELHI, TUESDAY, JULY 23, 2024/SHRAVANA 1, 1946 [F. No. E/1/21/MSW Rules/Bye Laws/208] PRAMOD KUMAR SINGH, IDES Chief Executive Officer, Cantonment Board, Barrackpore MINISTRY OF DEFENCE PUBLIC NOTICE New Delhi, the 23rd July, 2024 S.R.O. 31(E).—Whereas, in exercise of the powers conferred by sections 3,6 and 25 of the Environment (Protection) Act, 1986 (29 of 1986) (hereafter referred to as the said Act), the Ministry of Environment, Forest and Climate Change in the Government of India vide notification number S.O. 1357 (E), dated 8th April, 2016, notified the Solid Waste Management Rules, 2016; And, whereas, the said Solid Waste Management Rules, 2016, inter alia, shall be applicable to every urban local body, outgrowths in urban agglomerations, census towns as declared by the Registrar General and Census Commissioner of India, notified areas, notified industrial townships, areas under the control of Indian Railways, airports, airbases, Ports and harbours, defence establishments, special economic zones, State and Central Government organisations, places of pilgrims, religious and historical importance as may be notified by respective State Government from time to time and to every domestic, institutional, commercial and any other non-residential solid waste generator situated in the areas except industrial waste, hazardous waste, hazardous chemicals, bio medical wastes, e-waste, lead acid batteries and radio-active waste, that are covered under separate rules framed under the said Act; And, whereas, clause (e) of rule 15 of the Solid Waste Management Rules, 2016, duty bounds the local authorities to frame bye-laws within one year from the date of notification of the said rules; Now, therefore, the following draft bye-laws, which the Barrackpore Cantonment Board proposes to make in exercise of the powers conferred by section 348 of the Cantonments Act, 2006 (41 of 2006) read with rule 15 of the Solid Waste Management Rules, 2016, is hereby published, as required by sub-section (1) of section 350 of the Cantonments Act, 2006, for the information of all persons likely to be affected thereby and notice is hereby given that the said draft bye -laws shall be taken into consideration by the Central Government after the expiry of thirty days from the date on which the copies of the Gazette of India in which the notification is published, are made available to the public; The objections or suggestions, if any, to these draft bye-laws may be addressed to the Chief Executive Officer, Barrackpore Cantonment Board; Any objection or suggestion which may be received from any person with respect to the said draft bye-laws, before the expiry of the aforesaid period shall be considered by the Central Government. Barrackpore Cantonment Board Solid Waste Management Bye-laws, 2024 CHAPTER I GENERAL 1. Short title and commencement.—(1) These bye-laws may be called the Barrackpore Cantonment Board Solid Waste Management Bye-laws, 2024. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Applicability. These bye-laws shall be applicable within the territorial limits of the Barrackpore Cantonment. 3. Definitions.- (1) In these bye-laws, unless the context otherwise requires,— (a) "Act" means the Cantonments Act, 2006 (41 of 2006); (b) "Board" means the Barrackpore Cantonment Board; (c) "bulk garden and horticultural waste” means bulk waste from parks and gardens including grass clippings, weeds, woody brown carbon-rich material such as pruning, branches, twigs, wood chipping, straw, dead leaves, tree trimmings and such other waste, which cannot be accommodated in the daily collection system for bio-degradable waste; (d) "bulk waste generator” shall have the same meaning as assigned to it in clause 8 of sub-rule (1) of rule 3 of the Solid Waste Management Rules, 2016 and any other waste generator notified by the Chief Executive Officer from time to time; (e) "collection" means lifting and removal of solid waste from source of waste generation, collection points or any other location; (f) "competent authority" means the Chief Executive Officer of the Board or any other person authorised by him; (g) "construction and demolition waste” shall have the same meaning as assigned to it in clause (c) of sub-rule (1) of rule 3 of the Construction and Demolition Waste Rules, 2016; (h) "clean area" means the public place in front of and all around or adjacent to any premises extending to the kerbside and including the drain, foot path and kerb cleaned and so maintained in accordance with these bye-laws; (i) "community waste storage bin" means any storage facility set up and maintained by the Board or collectively by owners or occupiers, as the case may be, of one or more premises for storage of solid waste in a segregated manner on the roadside or in the premises of any one of such owners or occupiers or in their common premises as authorised by the competent authority (hereafter referred to as the dhalao); (j) "containerised hand cart" means the hand cart provided by the Board or the agency or the agent appointed by it for point-to-point collection of solid waste; (k) "delivery" means handing over any category of solid waste to worker of the Board or any other person appointed, authorised or licensed by the Board for taking delivery of such waste or depositing the same in any vehicle provided by it or by any other authorised agency or licensed by the Board to do so; (l) "e-waste” shall have the same meaning as assigned to it in clause (r) of sub-rule (1) of rule 3 of the E-Waste (Management) Rules, 2016; (m) "fixed compactor transfer station” means a powered machine which is designed to compact segregated solid waste and remains stationary when in operation and the compactor may also be mobile when in operation, which may be called mobile transfer station; (n) "litter" means all refuse and includes any other waste material which, if thrown or deposited as prohibited under these bye-laws, tends to create nuisance or danger to any person, animal, environment or public health, safety and welfare; (o) "littering” means causing, putting, burying, permitting or allowing 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 open or public place; (p) "owner" means any person who exercises the rights of an owner of any building, or land, or part thereof; (q) "occupier or occupant" means any person who is in occupation of or in possession and includes any person who for the time being is using, any land or building or part thereof, for any purpose whatsoever; (r) "pelletisation” means a process whereby pellets are prepared which are small cubes or cylindrical pieces made out of solid waste and includes fuel pellets which are also referred as refuse derived fuel; (s) "public place” means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not; (t) "storage" means the temporary containment of solid waste in a manner so as to prevent littering, attraction to vectors, stray animals and excessive foul odor; (u) "sanitary worker" means a person employed by the Board or the agency authorised by it for collecting or removing solid waste or cleansing the drains in the Barrackpore Cantonment areas; (v) "Schedule" means the Schedule annexed to these bye-laws; (w) "user fee or charges" means fees or charges imposed by the Board, through general or special order of the competent authority from time-to-time, on the waste generator to cover full or part cost of providing solid waste collection, transportation, processing and disposal services; and (x) "vacant plot" means any land or open space, belonging to or under the management of any person or private agency or Government agency or Government department or public undertaking, which is not occupied. (2) Words and expressions used herein and not defined in these bye-laws but defined in the Solid Waste Management Rules, 2016 or in the Cantonments Act, 2006 or in the Construction and Demolition Waste Management Rules, 2016, as amended from time to time, shall have the meanings respectively assigned to them in these Acts and rules. CHAPTER II DUTIES OF STAKEHOLDERS 4. Duties of waste generators.- (1) Every waste generator shall:- (a) segregate waste into three streams, namely, wet waste, dry waste and domestic hazardous waste at source and store the segregated waste in separate bins and handover the segregated waste to waste collectors or agencies as directed by the Board from time to time; (b) wrap securely the used sanitary waste as and when generated in the pouches provided by the manufacturers or brand owners of these products or in a newspaper or suitable biodegradable wrapping material and place the same in the bin meant for non- biodegradable waste or dry waste; (c) store separately construction and demolition waste and handover the segregated waste as provided under the Construction and Demolition Waste Management Rules, 2016; (d) store separately bulk garden and horticulture waste and handover the segregated waste as directed by the Board from time to time; (e) ensure that no untreated bio-medical waste, e-waste, hazardous chemicals and industrial waste is mixed with solid waste and such waste is disposed of in accordance with the provisions of the Environment (Protection) Act, 1986 (29 of 1986) and the rules or regulations made thereunder; (f) hand over the segregated waste to waste collectors or agencies as directed by the Board from time to time; (g) pay user fee or charges, as specified in the First Schedule, to the Board or any agency authorised by it for waste collection, transportation, processing and disposal; (h) ensure that the waste is not burnt; (i) ensure that the waste is not littered in any public place, drains, water bodies, open plots, etc.; (j) ensure that the waste is not given to any waste collector other than those authorised by the Board; (k) ensure that animals are not allowed to stray into the waste storage depots; (l) ensure that the domestic