Draft Notification on Construction and Demolition Waste Management Rules, 2024

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-31072024-255936 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 419] NEW DELHI, TUESDAY, JULY 30, 2024/SHRAVANA 8, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 29th July, 2024 G.S.R. 458(E). — Whereas by notification vide G.S.R. 445(E), dated 29th March, 2016, the Central Government through the Ministry of Environment, Forests and Climate Change, Government of India had notified the Construction and Demolition Waste Management Rules, 2016 to provide a regulatory framework for management of construction and demolition waste in the country; And whereas, the rules were notified to undertake environmental sound management of construction and demolition waste covering its segregation, collection, recycling, treatment and disposal, and to discourage unscientific disposal, promote scientific waste management, prevent loss of embedded recyclable value, and address air and water pollution related issues emanating from dumping of waste; And whereas, the Ministry of Environment, Forest and Climate Change has noted through the implementation review that the existing regulation needs comprehensive revision and strengthening by incorporating specific measures for waste management, waste utilization and non-compliance, along with alignment with circular economy and resource efficiency approaches by introducing extended producer responsibility, environmental compensation, centralised interface based online monitoring and compliance assessment; 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, the Central Government hereby invites suggestions or comments, within a notice period of sixty (60) days, from the general public at [email protected] and [email protected] on the following draft notification, which supersedes the Construction and Demolition Waste Management Rules, 2016, namely- CHAPTER-I PRELIMINARY 1. Short title and commencement. - (1) These rules shall be called the Construction and Demolition Waste Management Rules, 2024. (2) They shall come into force with effect from 01st April 2025. 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 the following: a. Solid Waste Management Rules, 2016, as amended; b. Plastic Waste Management Rules, 2016, as amended; c. Hazardous and Other Waste Management Rules, 2016, as amended; d. Atomic Energy Act, 1962 (33 of 1962) and rules made thereunder; e. Defence projects, and other projects of strategic nature; and f. Waste streams covered under other extended producer responsibility frameworks. 3. Definitions. - (1) In these rules, unless the context otherwise requires, - a. "Act" means the Environment (Protection) Act, 1986 (29 of 1986); b. "authorized agency” means an agency authorized by the local authority for collection and/or transportation of construction and demolition waste; c. "construction" means the process of erecting, altering, repairing, or remodelling of a structure, building, infrastructure and utility projects like, residential and office complexe, road, highway, industrial complexe, airport, port, harbor, laying of pipeline for water, wastewater, gas, crude oil, optical fiber cable, electric cable, telecom cable, and such other projects; d. "construction and demolition waste” means the waste generated due to construction, demolition, re-modeling, repair, maintenance activities, and comprises of soil, sand and gravel, bricks and masonry, concrete, metal, wood, plastic, and such other items; e. "contractor" means any individual or entity engaged to provide construction services on commercial basis; f. "demolition” means dismantling, razing, destroying or wrecking of a building or structure or any part thereof by any means; g. "development authority" means an agency that implements town planning schemes, area development plans, building laws, and responsible for development of an urban area, regulate incidental civil operations like construction, engineering, demolition, including utility services and amenities; h. "collection points" means designated places in the jurisdiction of local authority that where waste generators, other than producers, are required to deposit their construction and demolition waste to facilitate its management in environmentally sound manner; i. "extended producer responsibility” means responsibility of a producer to manage construction and demolition waste and meet recycling targets as per Schedule-I to ensure its environmentally sound management; j. "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; k. "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 environmentally sound manner; l. "legacy waste" means the orphan and untreated construction and demolition waste lying in the jurisdiction of the local authority, before the notification of these rules; m. "local authority" means an agency entrusted by the State Government or Union Territory Administration to discharge functions related to sanitation, covering management of construction and demolition waste, with various nomenclatures like municipal corporation, municipality, mahanagar-palika, nagar-palika, nagar-nigam, nagar-panchayat, municipal council, block- panchayat, village-panchayat, gram-panchayat, cantonment board, and notified area committee; n. "portal" means a centralised online interface developed by Central Pollution Control Board for the purposes of implementation of extended producer responsibility and waste utilisation framework, monitoring and enforcement of these rules, and to act as single point data repository on construction and demolition waste; o. "producer" means a waste generator registered on the portal for a building or building complex project having built-up area of 20000 square meters and above; p. "re-construction", means all construction activities covering erection, remodelling, repair and renovation, preceded by demolition of an existing structure; q. "recycler" means an entity registered on the portal, and engaged in recovery of reusable material from construction and demolition waste through on-site or offsite processing for manufacturing of value added products or otherwise; r. "processing facility” means a designated establishment equipped with requisite infrastructure to process construction and demolition waste operated by the recycler, to carry out processes like reception, storage, segregation, treatment, and manufacturing of value-added articles or materials out of construction and demolition waste; s. "schedule" means a schedule annexed to these rules; t. "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; u. "standard operating procedure” means a document prepared and issued by the Central Pollution Control Board containing set of instructions to manage construction and demolition waste in an environmentally sound manner elaborating standardized and minimum requirement of equipment, processes etc.; v. "target" means a tangible number prescribed as mandatory responsibility for concerned entities under the extended producer responsibility and waste utilization framework, corresponding to the quantum of construction and demolition waste generated and extent of construction materials to be used; w. "waste" means the construction and demolition waste for the purpose of these rules, unless specified otherwise; x. "waste generator” means an occupier of the project having full control over the construction or reconstruction or demolition activity resulting in generation of waste; y. "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 prescribed under Schedule- I; z. "waste utilisation plan" means a document prepared by occupiers of construction and re- construction projects, duly approved by local authority, for the utilization of processed construction and demolition waste to meet waste utilisation targets prescribed under Schedule- II. (2) Words and expressions used in these rules, but not defined, shall have the same meanings as assigned to them in the Act. CHAPTER II Extended Producer Responsibility Framework 4. Coverage.- (1) The extended producer responsibility obligation shall apply on all producers. (2) Registration. - The extended producer responsibility framework shall be implemented and monitored through an online portal, and following entities shall register on the portal, namely:- a. Producer; b. Operator of Intermediate Waste Storage Facility; and c. Recycler. (3) The extended producer responsibility targets for recycling are specified under Schedule I, and producer shall be solely responsible to meet the obligation. (4) In case of in-situ recycling, producer shall register in both categories and fulfil the responsibilities of waste generator as well as recycler for the corresponding quantities of waste. (5) No entity referred in sub-rule (3) shall carry out business without registration. (6) The entities registered under sub-rule (3) shall not deal with any unregistered entity. (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 Chapter 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, environmental compensation charges may also be levied as per rule 17. (8) The Central Pollution Control Board may charge registration and maintenance fee from the entities seeking registration based on quantum of waste generated, recycled, or handled by them. (9) The corpus generated as per sub-rule (7) may be shared between the Central Pollution Control Board and the concerned State Pollution Control Board or Pollution Control Committee in the ratio of sixty to forty (60:40). 5. Modalities for Extended Producer Responsibility Framework. (1) The local authority or development authority (implementing agency), as the case may be, shall implement extended producer responsibility framework through the portal, as decided by the concerned State or Union Territory Government. (2) The obligation to manage waste in any construction, re-construction or demolition project, corresponding to the targets specified in Schedule I, shall be regulated through a waste management plan, and the implementing agency shall be required to integrate its approval with the existing project approval process. (3) The waste management plan shall assess the quantum of waste from all streams in a re-construction and demolition project; however, only the debris part of the waste viz. cement concrete, bricks, cement plaster, stone, rubble, tiles etc. shall be accounted towards assessing compliance to prescribed extended producer responsibility targets. (4) The readily resalable/ reusable streams of waste like iron, wood, plastic, metal and glass shall not be considered for assessing the extended producer responsibility compliance. (5) Until a recycling facility becomes operational, the local authority or development authority, as the case may be, shall establish and operate an intermediate waste storage facility itself or through an authorised operator, and register it on the portal. (6) The producer shall be required to deposit its entire (100%) waste to the processing facility directly as its extended producer responsibility obligation; however, in case of absence of a functional processing facility, the entire (100%) waste generated shall be deposited at the intermediate waste storage facility. (7) In case the producer is undertaking in-situ processing, it shall be required to deposit the entire (100%) left over waste to the processing facility as its extended producer responsibility obligation. (8) The registered entities shall be responsible for entering data on waste generation, handling, storage, recycling and value-added products in the portal, subject to verification by implementing agency, to match material balance of the waste generated in a financial year. (9) (i) All producers shall meet their extended producer responsibility obligation through online purchase of extended producer responsibility certificates from registered recyclers irrespective of mode of deposition of waste; (ii) The details provided by producers, recyclers and intermediate waste storage facility operators shall be cross- verified through the portal, and in case of any mismatch, the lower figure shall be considered as fulfilment of obligation by the producer; and (iii) The extended producer responsibility certificates shall be subject to audit by the Central Pollution Control Board or any other agencies authorized by them in this regard. (10) The proceeds from the transaction of extended producer responsibility certificates shall be shared equally (50:50) between the implementing agency and the recycler. (11) 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. Extended Producer Responsibility Certificate Generation. - (1) The Central Pollution Control Board shall generate extended producer responsibility certificate through the portal in favour of a registered recycler, in the prescribed format, which shall be calculated as per the Table given here under – 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 Pollution Control Board, in consultation with recyclers, based on the technologies used and other factors; iii. In case of multiple end products of recycling, the conversion factor for generation of extended producer responsibility certificate shall be determined as per the guidelines issued by the Central Pollution Control Board with the approval of the Steering Committee; and iv. The weightage Wp shall be reviewed by the Central Pollution Control 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 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 validity of the extended producer responsibility certificate shall be three years from the end of the financial year in which it is generated, and the expired certificate shall automatically cease to exist after its validity period, unless transacted earlier. (4) Each extended producer responsibility certificate shall be identified 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 Tons or as may be laid down by the Central Pollution Control Board, with the approval of the Steering Committee. 7. Transaction of extended producer responsibility certificate. – (1) A producer may purchase extended producer responsibility certificates limited to its extended producer responsibility liability of current year (Year Y) plus any leftover liability of preceding years plus 10 per cent of the current year 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 shall be made available on the portal. (4) All the transactions under extended producer responsibility framework shall be recorded and submitted by the producers and recyclers on the portal. (5) The Central Government may by an order establish one or more platform for 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. (7) The Central Pollution Control Board shall fix the highest and lowest price for exchange of extended producer responsibility certificates which shall be equal to hundred percent and thirty per cent, respectively of the environmental compensation for non-fulfilment of extended producer responsibility obligation under Schedule I. (8) The exchange price of extended producer responsibility certificate between registered entities through the portal shall be between the highest and lowest prices referred to in sub-rule (7). CHAPTER III Utilization of Processed Waste 8. Waste Utilization Framework. – (1) A mandate for utilization of processed waste shall be implemented in all construction activities having built-up area of 20000 sq. mts. and above, and road construction. (2) The waste utilisation framework shall be implemented through the online portal with mandatory registration of recyclers and occupiers of the construction or reconstruction or road construction projects, as the case may be. (3) The local authority or development authority (implementing agency) shall implement waste utilisation framework in its jurisdiction for construction projects through the portal, as decided by the concerned State or Union Territory Government. (4) The Central Pollution Control Board shall monitor the implementation of the waste utilisation framework through the portal in road construction activities covering national highways that do not fall under State/ Union territory jurisdictions. (5) The concerned State or Union Territory Pollution Control Board or Committee shall monitor the implementation the waste utilisation framework through the portal in road construction activities covering highways and roads falling under the jurisdiction of the State Government or Union Territory Administration or District Authorities. (5) The obligation to utilize processed waste in construction activities, and road construction shall be as per the targets specified in Schedule II and Schedule III, respectively (6) The obligation to utilise waste in construction activities and road construction, shall be regulated by an approved waste utilisation plan, and the implementing agency shall be required to integrate its approval with the existing project approval process. (7) The assessment of quantity of processed waste for use, in compliance to waste utilisation framework, shall be calculated as a percentage of total virgin or fresh construction material requirement by weight or volume, as the case may be, except wood, iron, metal, plastic, glass etc. requirement. (8) Only debris derived processed waste viz. 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/ reusable streams of waste like iron, wood, plastic, metal and glass shall not be considered for assessing compliance. (9) The obligation of maintaining product quality as per notified standards, technical specifications, if any, shall lie with the recycler. (10) No entity covered under waste utilisation framework shall carry out business with an unregistered entity. (11) The occupier of construction activity and road construction shall have the primary responsibility to fulfil the waste utilization mandate, and in doing so, it may seek support from service provider, contractor, authorized agency, recycler, or other agencies approved by implementing agency for the purpose. (12) Any exemption, either partial or complete, sought by an occupier from complying with the waste utilization mandate on technical or administrative grounds shall require prior approval of concerned implementing agency i.e. local authority or development authority or Central Pollution Control Board or State Pollution Control Board or Pollution Control Committee, as the case may be, who is responsible for implementation of waste utilisation framework. CHAPTER IV Responsibility of Stakeholders 9. Responsibilities of the Waste Generator. The waste generators shall be responsible for undertaking following measures for waste management: 1. collect and segregate waste to facilitate reuse and recycling into separate material streams viz. concrete, soil, bricks, steel, wood, plastics etc.; 2. store the waste and take measures for its recycling, either in-situ or channelize for off-site processing; 3. transport entire (100%) waste to collection points or intermediate waste storage facility or hand over waste to an authorized agency or recycler, as appropriate; 4. take measures to prevent air pollution, littering of waste and avoid public nuisance during collection, segregation, storage of waste; 5. comply with the orders and directions of the implementing and enforcement agencies. 10. Responsibilities of Producers. The waste generators, categorised as producers, shall be additionally responsible to undertake the following measures for waste management: 1. register on the portal, and comply with all obligations given under these rules; 2. follow standard operating procedures, and measures prescribed by Central or State Pollution Control Board or Pollution Control Committees and implementing agency for environmentally sound management of waste; 3. undertake demolition in compliance with 'IS 4130: Safety code for demolition of buildings' or any other standard operating procedures and measures put in place by the implementing or enforcement agency for demolition; 4. prepare an integrated waste management plan, with prior approval of implementing agency, of all construction activities in a single jurisdictional area. 11. Responsibilities of Contractors, Service Providers and Authorized Agencies. - The contractors, service providers and authorized agencies shall be responsible for, - (1) assisting the waste generator in channelization of waste from source to collection points or intermediate waste storage facility or processing facility for recycling; (2) assisting the waste generator in meeting the obligation prescribed under extended producer responsibility and waste utilization framework, and providing services in strict compliance of these rules; (3) coordinating with local authority, waste generators, recyclers and operators of intermediate waste storage facility to facilitate collection, storage, and despatch of waste to processing facility or intermediate waste storage facility, and sharing such information to implementing and enforcement agencies; (4) implementing sustainable construction practices, including guidance on ‘IS 15883: 2021 Guidelines for Construction Project Management Part 11 Sustainability Management'; (5) putting adequate infrastructure in field for management of waste, impart training and create awareness among its employees and workers on environmental sound management of waste and utilization of processed waste; (6) following standard operating procedures, and measures prescribed by Central or State Pollution Control Board or Pollution Control Committees and implementing agency for environmentally sound management of waste; (7) compliance with the orders and directions of the implementing and enforcement agencies, including deposit of environmental compensation for non-compliances. 12. Responsibilities of Operators of Intermediate Waste Storage Facility. - The intermediate waste storage facility operator shall be responsible for, - (1) registration on the portal, and payment of registration and other fee as may be prescribed under these rules; (2) coordinating with local authority, waste generators, service providers and authorized agencies to facilitate receipt, storage, and despatch of waste at intermediate waste storage facility, and sharing such information to implementing and enforcement agencies; (3) seeking prior permission from local authority or development authority before disposal of waste in low lying areas and for other purposes, excluding sanitary landfill facility; (4) following standard operating procedures, and measures prescribed by Central or State Pollution Control Board or Pollution Control Committees and implementing agency; (5) compliance with the orders and directions of the implementing and enforcement agencies, including deposit of environmental compensation for non-compliances; (6) furnishing information on the portal for collation of data on receipt, storage and despatch of waste during preceding half year by 15th October and 15th April each year, and file annual returns in the form provided on the portal on or before 30th May following the financial year to which that return relates; (7) complying with the responsibilities prescribed for ‘Authorized agencies' under Rule 11, in case, the entity is engaged in collection and transportation of waste 13. Responsibilities of Recycler. - The recycler shall be responsible for, - (1) registration on the portal, and payment of registration and other fee as may be prescribed under these rules; (2) coordinating with local authority, waste generators, service providers, authorized agencies and end-users to facilitate receipt, storage, recycling and despatch of waste at processing facility, and sharing such information to implementing and enforcement agencies; (3) seeking prior permission from local authority or development authority before disposal of waste in low lying areas and for other purposes, excluding despatch of recycled material to end-users; (4) following standard operating procedures, and measures prescribed by Central or State Pollution Control Board or Pollution Control Committees and implementing agency; (5) meeting the standard requirements of product quality and technical specifications in respect of recycled products, or end-user requirements, as may be applicable (6) disposal of rejects or inert material after recycling to the nearest sanitary landfill facility as per the guidelines issued by the Central Pollution Control Board; (7) compliance with the orders and directions of the implementing and enforcement agencies, including deposit of environmental compensation for non-compliances; (8) furnishing information on the portal for collation of data on receipt, storage, recycling and despatch of waste during preceding half year by 15th October and 15th April each year, and file annual returns in the form provided on the portal on or before 30th May following the financial year to which that return relates; (9) complying with the responsibilities prescribed for ‘Authorized agencies' and 'Intermediate Waste Storage Facility Operator', as appropriate, in case the entity is engaged in collection and transportation of waste, and operating an intermediate waste storage facility 14. Responsibilities of Central Government. – (1) All Ministries, departments, institutes, and organisations falling under the administrative control of Central Government shall be responsible for undertaking construction activities in compliance to 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: (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 issue of building plan permits, demolition permits, and completion certificate to 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, guidance manuals for such usage. (4) The Ministry of Rural Development, Ministry of Panchayati Raj and Ministry of Jal Shakti, though Department of Drinking Water and Sanitation, shall undertake awareness activities and programs to sensitise 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. (6) The Ministry of Finance shall explore supportive fiscal measures to increase competitiveness of recycled waste material vis-à-vis virgin construction material. 15. 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 utilization framework' covering registration of projects, approval of waste utilization plan, exemption from waste utilization, 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 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 from time to time. 16. Responsibilities of Bureau of Indian Standards and Indian Roads Congress. The Bureau of Indian Standards and Indian Roads Congress shall be responsible for 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. 17. 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 Government or other departments authorized to take action shall be responsible for- (a) formulation and implementation of waste management policy, and issuance of directives for management of waste and utilization 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 year of notification of these rules, and monitoring implementation of these rules; (c) directing departments, institutes, and organisations falling under their administrative control to undertake construction activities in strict compliance to 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 utilization plans in 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 (2) The local or development authority, as appropriate, shall be responsible for (a) issuing directions to facilitate implementation of these rules; (b) referring cases of violation and non-compliance to State or Union Territory Pollution Control Board or Committee; (c) alignment of local byelaws to these rules; (d) timely grant of approvals to waste management and utilization plans in online mode; (e) putting mandatory conditions in tenders, expression of interests, request for proposals, work orders etc. for compliance of extended producer responsibility and waste utilization framework; (f) establishment of processing facility or integrated waste storage facilities or both, in the jurisdiction or cluster or regional basis, within a year of notification of these rules; (g) setting up collection points to facilitate waste collection from source; (h) facilitating registered entities to transport and store waste enabling its recycling through an in-situ mode or processing facility; (i) taking measures for management of legacy or orphan waste; (j) implement an offtake plan, if required, for utilization of waste from processing facility; (k) seeking information from registered entities and other stakeholders; (l) 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 in road construction, as mandated under these rules; (c) monitoring 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 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 Central Pollution Control Board; (g) undertake gap-analysis i.e. assessment of waste generated vis-à-vis processing capacity available to decide on 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 18. Procedure for Storage of waste and processed waste – (1) The local authority shall establish collection points in its jurisdiction for channelization of waste from source to processing facility or intermediate waste storage facility. (2) The intermediate waste storage facility shall be established by a local authority in following cases: (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 120 days, extendable to 180 days, with prior approval of implementing agency. (4) Establishment and operation of new processing facilities or intermediate waste storage facility in a jurisdiction shall require prior mandatory registration on the portal before commencement of operations. (5) All processing facilities and intermediate waste storage facilities shall follow the guidelines and standard operating procedures prepared by Central Pollution Control Board, and State or Union Territory Pollution Control Board Committees for environmentally sound management of waste. (6) Adequate measures shall be taken by processing facilities and intermediate waste storage facilities to avoid of public nuisance, prevent air pollution, and unscientific waste disposal. (7) Non-adherence to the prescribed stakeholder responsibilities and rule provisions by processing facilities and intermediate waste storage facilities shall amount to violation and non-compliance, and result in action, including levy of environmental compensation. CHAPTER-VI ENVIRONMENTAL COMPENSATION 19. Environment Compensation. - (1) The Central Pollution Control Board shall lay down guidelines for imposition and collection of environmental compensation on entities in case of violations of these rules and guidelines as per sub rule (4) below and the said guidelines shall be in accordance with these rules and shall be approved by the Ministry of Environment, Forest and Climate Change. (2) The environmental compensation shall also be levied on unregistered producers, recyclers, operators of waste storage facilities, occupiers of construction and reconstruction projects, and any entity, which aids or abets the violation of extended producer responsibility and waste utilisation framework. (3) The Central Pollution Control Board and State Pollution Control Board or Union Territory Pollution Control Committees shall be authorised to levy environmental compensation in accordance with these rules. (4) Environmental compensation shall be levied in below-mentioned cases of non-compliances and violations under extended producer responsibility and waste utilization framework: (i) Recycler - issuing false certificates, providing false information, and dealing with unregistered entities; (ii) Producers non-adherence to the targets prescribed under extended producer responsibility framework, and dealing with unregistered entities; (iii) Occupiers of construction or re-construction activity - non-adherence to the targets prescribed under waste utilization framework, and dealing with unregistered entities; (iv) Operator of Integrated Waste Storage Facility - providing false information, and dealing with unregistered entities (v) Local authority – non-establishment of integrated waste storage facility or processing facility with one year of notification of these rules. (5) (i) Payment of environmental compensation shall not absolve the producer from the extended producer responsibility as specified in these rules and the unfulfilled extended producer responsibility for a particular year shall be carried forward to the next year and so on and up to three years. (ii) In case, the shortfall of extended producer responsibility obligation is addressed after one year, 85 per cent of the environmental compensation levied shall be returned to the producer. (iii) In case, the shortfall of extended producer responsibility obligation is addressed after two year, 60 per cent of the environmental compensation levied shall be returned to the producer, and and in case, the shortfall of extended producer responsibility obligation is addressed after three year, 30 per cent of the environmental compensation levied shall be returned to the producer, thereafter no environmental compensation shall be returned to the producer. (6) False information resulting in over generation of extended producer responsibility certificates by recycler shall result in revocation of registration and imposition of environmental compensation which shall not be returnable and repeat offence, violations as per sub rule (4) for three times or more shall also result in permanent revocation of registration over and above the environmental compensation charges. (7) (i) The funds collected under environmental compensation shall be kept in a separate escrow account by the Central Pollution Control Board, and the funds collected shall be utilized in collection and recycling of uncollected, legacy, orphaned waste and non-recycled waste on which the environment compensation is levied, research and development, incentivising recyclers, financial assistance to local bodies for managing waste management projects and on other heads as decided by the committee. (ii) 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 20. Reporting and Information sharing. - (1) The local authority shall submit an annual report to State or Union Territory Pollution Control Board or Committee, in a format laid down by the Central Pollution Control Board, by April 30 each year indicating the status of implementation of these rules in its jurisdiction during the preceding financial year. (2) The State or Union Territory Pollution Control Board or Committee shall submit an annual report to the Central Pollution Control Board, in a laid down format, by May 30 each year indicating the status of implementation of these rules in the State or Union territory during the preceding financial year. (3) The Central Pollution Control Board shall examine and analyse the reports received from the States and Union Territories, and submit a report to the Ministry of Environment, Forest and Climate Change by June 30 each year indicating the status of implementation of these rules in the country during the preceding financial year. (4) The entities registered under the extended producer responsibility framework shall furnish information on the portal for collation of data on receipt, storage, recycling and despatch of waste during preceding half year by 15th October and 15th April each year. 21. Accident Reporting. - Where an accident occurs during collection, transportation, storage or processing of waste, the authorized person representing the entity viz. waste generator, authorized agency, integrated waste facility operator or recycler, as the case may, shall report immediately or within 24 hours about the incident to the concerned State Pollution Control Board or Pollution Control Committee through telephone and e-mail. 22. Verification and audit. – (1) The Central Pollution Control Board by itself or through a designated agency shall undertake the compliance assessment of concerned entities frameworks to the frameworks on extended producer responsibility, waste utilisation, and other provisions of these rules through inspection and periodic audit, as deemed appropriate, and take actions against violations under rules of this Chapter (2) Any fee for the verification and audit shall be charged by the Central Pollution Control Board from the concerned entity. 23. Constitution of Steering and Monitoring Committee. - (1) There shall be a Steering Committee headed by the Chairperson, Central Pollution Control Board to oversee the implementation of these rules, including extended producer responsibility and waste utilisation framework under this Chapter, which shall consists of following members, namely: - i. One representative each from of the Ministry of Environment, Forest and Climate Change, Ministry of Housing and Urban Affairs, Ministry of Road, Transport and Highways, Ministry of Panchayati Raj, Ministry of Rural Development, Ministry of Road Transport and Highways, Ministry of Jal Shakti, and NITI Aayog; ii. One representative each from Bureau of Indian Standards, Indian Roads Congress National Council of Cement and Building Materials, Central Road Research Institute, National Council of Building Materials; iii. Two Representatives each from Real Estate Sector, Infrastructure Sector, and Recycling Industry; iv. One Representative each from any three State Governments on rotation basis; v. One Representatives each from any three State Pollution Control Boards or Pollution Control Committees on rotation basis; vi. Co-opted Members and special invitees – as may be deemed appropriate by the Central Pollution Control Board for conducting the business of the Committee; vii. Concerned Divisional head from CPCB; viii. Member Secretary, Central Pollution Control Board - Member Convener. (2) There shall be a Monitoring Committee at State or Union Territory level with representations from the following state departments /agencies: i. Department of Environment, Forest and Climate Change; ii. Department of Urban Development and Municipal Administration; iii. Department of Road and Transport; iv. Department of Rural Development and Panchayat; v. Department of Land Management and Revenue; vi. State Level Representatives from Real Estate, Infrastructure Sector, and Recycling Industry; vii. Representatives from three Urban Local bodies of the State co-opted by the Chairman, Monitoring Committee; viii. Co-opted Members – as may be deemed appropriate by the Monitoring Committee for conducting the business of the Committee; ix. Member Secretary, State Pollution Control Board or Pollution Control Committee - Member Convener. (3) The Steering Committees shall decide upon the disputes arisen from time to time on the representations received in this regard, and shall refer to the Central Government any substantive issue arisen or pertaining to this Chapter. (4) The Steering Committee shall review and revise the targets, weightage and permissibility of modes of recycling in view of the technological advancements and other factors and make recommendations to the Central Government. (5) The Steering Committee shall take all such measures, as it deems necessary for proper implementation of the provisions of this Chapter. (6) The Steering Committee shall be responsible for overall monitoring and supervision of implementation this Chapter. 24. Appeal. (1) Any person or entity aggrieved by an order made by the prescribed authority under these rules may, within a period of thirty days from the date on which the order is communicated to him, prefer an appeal in prescribed form to the Secretary In-charge (Environment) of the State Government or Union Territory Administration. (2) Any person or entity aggrieved by an order relating to imposition of penalty or environmental compensation under these rules, and which is also upheld by the first appellate authority as per sub-rule (1) above, may prefer a second appeal within a period of thirty days from the date of decision of the first appellate authority. The appeal may be filed with the concerned Additional Secretary or Joint Secretary of the Ministry of Environment, Forest and Climate Change, Govt. of India, duly accompanied with the proof of deposit of 20% of the quantum of the penalty or environmental compensation, which would be refunded, in case, the decision of appeal comes in favor of the appellant. (3) The Appellate Authority referred to in sub-rule (1) and (2) may entertain the appeal after 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 replied or disposed of within a period of 60 days from its receipt in the office of appellate authority. 25. Prosecution. - Any person, who provides incorrect information required under these rules for obtaining extended producer responsibility certificates, uses or causes to be used false or forged extended producer responsibility certificates in any manner, willfully violates the directions given under these rules or fails to cooperate in the verification and audit proceedings, may be prosecuted under section 15 of the Act, 1986 and this prosecution shall be in addition to the environmental compensation levied under rule 16. 26. Power to remove difficulties. The Steering Committee shall examine issues leading to difficulty in 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 MoEFCC. Schedule I [See Rule 4(3)] Targets for recycling of waste as per Extended Producer Responsibility framework +---------------------+-------------------------+---------------------+ | Year | Re-construction Projects| Demolition Projects | +=====================+=========================+=====================+ | 2025-26 | 50% | 50% | +---------------------+-------------------------+---------------------+ | 2026-27 onwards | 100% | 100% | +---------------------+-------------------------+---------------------+ Schedule II [See Rule 8(5)] Minimum targets for utilisation of waste in construction and re-construction activities as per Waste Utilisation Framework for building construction +---------------------+-----------------------+ | Year | Waste Utilization | | | Mandate | +=====================+=======================+ | 2026-27 | 5% | +---------------------+-----------------------+ | 2027-28 | 10% | +---------------------+-----------------------+ | 2028-29 | 15% | +---------------------+-----------------------+ | 2029-30 | 20% | +---------------------+-----------------------+ | 2030-31 and onwards | 25% | +---------------------+-----------------------+ Schedule III [See Rule 8(5)] Minimum targets utilization of waste in road construction +---------------------+-----------------------+ | Year | Waste Utilization | | | Mandate | +=====================+=======================+ | 2026-27 | 5% | +---------------------+-----------------------+ | 2027-28 | 5% | +---------------------+-----------------------+ | 2028-29 | 10% | +---------------------+-----------------------+ | 2029-30 | 10% | +---------------------+-----------------------+ | 2030-31 and onwards | 15% | +---------------------+-----------------------+ Note: 1. 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); concrete pavements (in dry lean concrete, roller compacted concrete, plain cement concrete, and (iv) paving blocks and kerb stones; and 2. The powdered C&D waste, produced as a result of crushing during production of aggregates, can be utilised as sub-base material after cement stabilization to me technical requirements like gradation, strength, water absorption, soundness etc. [F. No. HSM-12/152/2022-HSM] NARESH PAL GANGWAR, Addl. 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. GORAKHA NATH YADAVA