
Background
The rules provide for the levy of environmental compensation based on the ‘Polluter Pays’ principle for non-compliance, including cases of operating without registration, false reporting, submission of forged documents or improper solid waste management practices. The Central Pollution Control Board (CPCB) will prepare the relevant guidelines, while State Pollution Control Boards and Pollution Control Committees will levy the environmental compensation.
Applicability
These rules shall apply to every urban body as well as rural local body, including all entities within their jurisdictions whether being controlled and managed by the government; private sector or in Public Private Partnership; special notified areas; notified industrial areas or townships; special economic zones; food parks; areas under the control of Indian Railways including railway stations, railway tracks and land parcels adjacent to railway tracks; airports; airbases; harbours and ports including dry ports; defence establishments; public and private establishments; State and Central Government organisations; places of pilgrim, religious and historical importance and all land owners public or private, individual or body corporate in possession of land parcels, and to every domestic, institutional, commercial and any other non-residential solid waste generator. The rule does not cover industrial waste, hazardous waste, hazardous chemicals, bio medical waste, e-waste, battery waste and radio-active waste, that are covered under separate rules framed under the Environment (Protection) Act, 1986.
Compliance Requirements under the Rules
(1) All Refuse-Derived Fuel plants and Material Recovery Facility cum Refuse-Derived Fuel plants shall register and report availability of Refuse-Derived Fuel along with quality report of the available Refuse-Derived Fuel or Segregated Combustible Fraction as per guidelines issued by Ministry of Housing and Urban Affairs, on the centralised online portal on a monthly basis.
(2) Refuse-Derived Fuel plants to report real time on the availability and off take of Refuse Derived Fuel through centralised online portal.
(3) Refuse-Derived Fuel or Segregated Combustible Fraction plants supplying waste to WtE Plants to ensure that the calorific value is at least 1500 Kcal/kg.
(4) Refuse-Derived Fuel or Segregated Combustible Fraction plants supplying waste to Cement Plants to ensure that the calorific value is 3000 Kcal/kg.
Penalty & Punishment
Rule 17: Imposition of Environmental Compensation:
The Environmental Compensation shall be levied based upon polluter pays principle on persons, who are not complying with the provisions of these rules, including the following activities:-
(a) entities carrying out activities without registration as mandated under these rules;
(b) entities providing false information or wilful concealment of material facts by the entities registered under these rules;
(c) entities submitting forged or manipulated documents by the entities registered under these rules;
(d) entities engaged in collection, segregation, sorting, transportation, processing and disposal of solid waste
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