Construction & Demolition Waste Management Rules Notified for First Time by Environment Ministry

By | March 29, 2016

Environment Ministry Notifies Construction and Demolition Waste Management Rules for the First Time

Demolition Waste Management
‘Rules are an Intiative to Effectively Tackle Pollution and Waste Management’: Javadekar

The Government has notified Construction & Demolition Waste Management Rules, 2016 for the first time.  Outlining the salient features of the Construction & Waste Management Rules here today, Union Minister of State (Independent Charge) of Environment, Forest and Climate Change, Shri Prakash Javadekar, said that the rules are an initiative to effectively tackle the issues of pollution and waste management.  Shri Javadekar said that at present, the construction & demolition waste generated is about 530 million tonnes annually.  The Minister said that construction & demolition waste is not a waste, but a resource.  He added that the basis of these Rules is to recover, recycle and reuse the waste generated through construction and demolition.  Shri Javadekar said that segregating construction and demolition waste and depositing it to the collection centres for processing will now be the responsibility of every waste generator.

The Environment Minister highlighted that the local bodies will have to utilize 10-20% material from construction and demolition waste in municipal and government contracts.  Shri Javadekar said that cities with a population of more than one million will commission processing and disposal facility within 18 months from the date of final notification of these rules, while cities with a population of 0.5 to 1 million and those with a population of less than 0.5 million will have to provide these facilities within two years and three years respectively.  “Permission for construction will be given only when the complete construction and demolition waste management plan is presented”, he said.  The Minister also pointed out that large generators of waste will have to pay relevant charges for collection, transportation, processing and disposal, as notified by the concerned authorities.

The draft Construction & Waste Management Rules were published three months ago, to which the Ministry had received 111 suggestions.

The salient features of the Construction & Demolition Waste Management Rules, 2016 are: 

(i)        Application 

  • Applies to everyone who generates construction and demolition waste.

(ii)        Duties of waste Generators 

  • Every waste generator shall segregate construction and demolition waste and deposit at collection centre or handover it to the authorised processing facilities
  • Shall ensure that there is no littering or deposition so as to prevent obstruction to the traffic or the public or drains.
  • Large generators (who generate more than 20 tons or more in one day or 300 tons per project in a month)  shall submit waste management plan and get appropriate approvals from the local authority before starting construction or demolition or remodeling work,
  • Large generators shall  have environment management plan to address the likely environmental issues from construction, demolition, storage, transportation process and disposal / reuse of C & D Waste.
  • Large generators shall segregate the waste into four streams such as  concrete,  soil,  steel, wood and plastics, bricks and mortar,
  • Large generators shall pay relevant charges for collection, transportation, processing and disposal as notified by the concerned authorities;

(iii)       Duties of Service providers and Contractors 

  • The service providers shall prepare a comprehensive waste management plan for waste generated within their jurisdiction, within six months from the date of notification of these rules, 
  • Shall remove all construction and demolition waste in consultation with the concerned local authority on their own or through any agency.

(iv)       Duties of State Government and Local Authorities 

  • The Secretary, UDD in the State Government shall prepare their policy with respect to management of construction and demolition of waste within one year from date of final notification of these rules.
  • The concerned department in the State Government dealing with land shall provide suitable sites for setting up of the storage, processing and recycling facilities for construction and demolition waste with one-and-a-half years from date of final notification of these rules.
  • The Town and Country planning Department shall incorporate the site in the approved land use plan so that there is no disturbance to the processing facility on a long term basis.
  • Shall procure and utilize 10-20% materials made from construction and demolition waste in municipal and Government contracts.
  • Local Authority shall place appropriate containers for collection of waste, removal at regular intervals, transportation to appropriate sites for processing and disposal.
  • LA shall seek detailed plan or undertaking from large generator of  construction and demolition waste and sanction the waste management plan;
  • Seek assistance from concerned authorities for safe disposal of  construction and demolition waste contaminated with industrial hazardous or toxic material or nuclear waste if any;
  • LA shall give appropriate incentives to generator for salvaging,  processing and  or recycling preferably in-situ;
  • LA shall establish a data base and update once in a year,
  • Million plus cities (based on 2011 census of India), shall commission the processing and disposal facility within one-and-a-half years from date of final notification of these rules
  • 0.5 to 1 million cities, shall commission the processing and disposal facility within two years from date of final notification of these rules
  • for other cities (< 0.5 million populations), shall commission the processing and disposal facility within three years from date of final notification of these rules

(v)        Duties of Central Pollution Control Board, State Pollution Control Board or

Pollution Control Committee 

  • The Central Pollution Control Board shall prepare operational guidelines related to environmental management of construction and demolition waste.
  • SPCB shall grant authorization to construction and demolition waste processing facility
  • Monitor the implementation of these rules by the concerned local bodies
  • Submit annual report to the Central Pollution Control Board and the State Government.

(v)        Standards for products of construction and demolition waste

  • The Bureau of Indian Standards need to prepare code of practices and standards for products of construction and demolition waste
  • Indian Roads Congress need to prepare standards and practices pertaining to products of construction and demolition waste in roads construction.

(vi)       Duties of Central Ministries

  • The Ministry of Urban Development, and the Ministry of Rural Development, Ministry of Panchayat Raj, shall facilitate local bodies in compliance of these rules; 
  • The Ministry of Environment, Forest and Climate Change shall review implementation of these rules as and when required.

(vii)      Facility for processing / recycling facility

  • The operator of the facility shall obtain authorization from State Pollution Control Board or Pollution Control Committee.
  • The processing / recycling site shall be away from habitation clusters, forest areas, water bodies, monuments, National Parks, Wetlands and places of important cultural, historical or religious interest.
  • The processing/recycling facility exceeding five Tones per day capacity, shall maintain a buffer zone of no development around the facility.

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