Detailed Project Report for Municipal Solid Waste Management Collection & Transportation for Nagar Palika Parishad Maharajganj
CHAPTER 5: REGULATORY FRAMEWORK REGULATORY FRAMEWORK FOR WASTE MANAGEMENT
H
istorically, municipal solid waste management received little regulatory attention in India. However, rapid population growth and an increasing trend towards urbanization over the past forty years led to significant issues, particularly within the rapidly growing large urban population. This ultimately led to significant public concern and acted as the stimulus for regulatory reform. However, the implementation of legislation has always been a problem either due to lack of resources to enforce the rules or changes in political priorities. Community pressure has played a significant role by way of Public Interest Litigations (PILs) 4 and therefore, the judiciary required that the authorities pay adequate attention to environmental and ecological concerns There are a number of regulatory instruments (Acts and Regulations) that establish both the responsibility and requirements for management of municipal solid waste. Key regulatory requirements that are pertinent to this study include: Constitution 74th Amendment – establishes overall responsibilities for MSW management; Solid Waste Management Rules, 2016: In supersession of the Municipal Solid Waste Management Rules, 2000, the Central Government has issued the revised solid waste management rules, 2016. This is the primary regulation covering all functional elements of municipal solid waste management and establishes comprehensive requirements for collection, storage treatment and disposal of municipal waste; The Water (Prevention and Control of Pollution) Act, 1974: Under this act there are two aspects related to municipal solid waste management. Firstly, a consent to establish and operate from the Uttar Pradesh Pollution Control Board for establishment and operation waste processing and disposal facility and secondly no water pollution should be caused by the leachate that is emitted from the municipal waste processing and disposal facility; The Water (Prevention and Control of Pollution) Cess Act, 1977 and amendments thereon. The only aspect under this act related to municipal solid waste management is the provision for levying and collection of cess on water consumed for waste processing and disposal facility; The Air (Prevention and Control of Pollution) Act, 1981 and amendments thereon. The aspects to be considered under this act related to municipal solid waste management is the need for obtaining consent from Uttar Pradesh Pollution Control Board for establishment of the processing plants and disposal site and from an environmental aspect would be the air pollution caused by the waste processing and disposal facility; Plastic Waste Management (Handling & Handling) Rules, 2016 - provides specific rules for manufacture and reuse of plastic bags and containers: and The Environmental (Protection) Act, 1986 and its subsequent notifications. The aspect related to municipal solid waste management is the Environmental Impact Assessment (EIA) notification,2006, which provides the requirement for environmental clearance from statutory authority for municipal solid waste processing and disposal facility.The following sections provide a summary of the key regulatory instrument related to municipal solid waste management within the project area.
