Amended C&D waste rules set recycling targets, stiff penalty

In a major amendment to the Construction and Demolition (C&D) Management Rules, the Union government has introduced extended producer responsibility (EPR) and also removed the exemption from air pollution control rules provided to projects where 80% of the C&D waste was recycled.

The C&D Rules were notified in 2016. However, considering the lack of compliance, the Ministry of Environment, Forest and Climate Change notified amended rules recently.

The new rules specify the responsibility of producers of waste, operators of storage facility, recyclers and “occupiers” of construction projects.

The “producer” is defined as the waste generator or occupier or in-charge of a structure with built-up area of 20,000 square metres above. The person has to generate an integrated waste management plan and is responsible for “transporting the entire waste” to the collection point or storage facility established by the authorities. Else, he has to hand over the responsibility to the authorised agency or recycler.

The notification stipulates graded EPR targets for recycling of waste, starting from 25% of waste generated in first year in 2025-26, followed by 50% in 2026-27, 75% in 2027-28 and 100% 2028-29 onwards.
Those who fail to comply with the provisions relating to the disposal and recycling, including EPR targets, will be liable to pay environmental compensation (EC) which may be equal to the loss, damage or injury.

The EC, however, does not absolve the producers from EPR targets. The unfulfilled target will be carried forward to the next year up to three years. To encourage compliance, the rules stipulate that 85% of the EC amount would be returned to the producer if the targets are met within one year, 60% within two years, 30% within three years.

A steering committee headed by the chairperson of the Central Pollution Control Board and comprising representatives of state governments, from state pollution control boards, real estate sector, six ministries, including Environment, Forest and Climate Change, Transport and Panchayat Raj, will oversee the implementation of the rules.

The state board will monitor the utilisation of the waste targets in road construction activities covering highways and roads falling under the jurisdiction of the state government.

Bengaluru produces about 4000-5000 tonnes of C&D waste daily. Dumping of the same has led to clogged storm water drains, damage to lakes and high levels of air pollution. “We need fullfledged personnel in the KSPCB to handle the tasks assigned to the Board. Otherwise, the rules will remain on the paper,” an official said.