Sikkim Govt. proposes to regulate all matters with storage, collection and disposal of solid waste; introduces the Solid Waste Management Cleanliness and Sanitation Bye laws-2019
The Urban Development and Housing Department of Sikkim (“Department”) through a Notification No. 5/UD&HD, dated 29th April 2019 has introduced the Solid Waste Management Cleanliness and Sanitation Bye laws-2019 (“Bye Laws”). These Bye Laws aim to regulate all matters and things connected with the storage, collection, transport, processing and disposal of Municipal Solid Waste and Sanitation Related Matters.
The Bye-laws will come into force on such date as the State Government may, by notification, appoint.
These Byelaws shall apply 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, defense establishments, special economic zones, State and Central government organizations, 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 Environment (Protection) Act, 1986.
Key Highlights of the Bye Laws:
- Prohibition of littering and other nuisances and ensuring clean aangan/premises or places: No person shall throw or deposit litter in any occupied/unoccupied/open/vacant public or private place except in authorized public or private litter receptacles.
- Segregation of waste into separate specified groups: Every generator of Municipal Solid Waste shall separate the waste at source of generation into the following categories:
- Bio-degradable (wet) waste
- Specified domestic hazardous waste
- Fully treated Bio-medical waste (as per applicable rules),
- Construction and demolition waste
- Bulk garden and horticulture waste including tree and plant trimmings,
- All other non- biodegradable (dry) waste including recyclable and non-recyclable waste. Sanitary waste like napkins, diapers, tampons etc shall be securely wrapped in pouches provided by the manufacturers or brand owners or in suitable wrappers as instructed by the official / authority and shall be stored with the dry waste for handing over
- All bulk generators shall manage the waste at their premises as per instructions notified by the Municipal Corporation/Council/Municipality/Urban Area from time to time.
- It will be the duty of every generator of municipal solid waste, either owner or occupier of every land and building to collect or cause to be collected from their respective land, premises and building, to segregate waste and to store and deliver the same to the municipal worker/vehicle/waste picker / waste collector deployed by the Municipal Corporation/Council/Municipality/Urban Local Body for the purpose.
- Segregated Bio-degradable Municipal Solid Waste if not composted by the generator, will be stored by them within their premises and its delivery will be ensured to the municipal worker/vehicle/waste picker / waste collector or to the bio-degradable waste collection vehicle provided for specified commercial generators of bulk bio-degradable waste at such times as may be notified from time to time.
- If there is contravention of the Bye Laws, fines will be imposed under Schedule-I (Please refer to the attachment)
- Defaulter will be liable to do the community service for at least one hour like road sweeping or graffiti cleaning etc. as directed / ordered by the Nuisance Detector or Implementing Authority or any person authorized to do so.
- In the event of continuation of the breach of the provisions of these Bye-laws, the equal amount of fine for every day of default shall be levied or Rs.500/day, whichever is higher, in addition to original fine.