Sec.5 EPA(1986)

Direction Under Section 5 of Environment (Protection) Act, 1986

The Secretary Environment,
Chandigarh Administration.
The Commissioner,
Municipal Corporation,
Memo No. ED/2002/ Dated, theAugust, 2002
Sub: Direction u/s 5 of Environment (Protection) Act, 1986.

Whereas the Municipal Solid waste (Management & Handling) Rules 2000 (hereinafter called Rules) has been notified by Govt. of India vide S.O. 908E dated 25th September, 2000 under the provisions of Environmental (Protection) Act, 1986 which are applicable to the whole of India.

Whereas the aforesaid rules have been made to regulate the management and handling of the Municipal Solid Waste and as per rule 7(1) the Municipal Solid Waste are required to be managed and handled in accordance with the compliance criteria and procedures laid down in Schedule-II attached to the rules.

Whereas as per item No. 1 of Schedule II of the rules, the following steps are required to be taken by the Municipal Corporation, Chandigarh.

  1. Organizing house-to-house collection of municipal solid wastes through any of the methods, like community bin collection (central bin), house-to-house collection, collection on regular pre-informed timings and scheduling by using bell ringing of musical vehicle (without exceeding permissible noise levels).
  2. Devising collection of waste from slums and squatter areas or localities including hotels, restaurants, office complexes and commercial areas.
  3. Waste collected by hand driven containerized carts or other small vehicles from residential and other areas shall be transferred to community bin.
  4. Horticultural and construction or demolition wastes or debris/malba shall be separately collected and disposed off following proper norms. Similarly, wastes generated at dairies shall be regulated in accordance with the State laws;
  5. The municipal authority shall notify waste collection schedule and the likely method to be adopted for public benefit in a city or town.

Whereas, as per item 1(3) of Schedule II, it is the responsibility of the generator of the wastes to avoid littering and ensure delivery of wastes in accordance with collection and segregation system to be notified by the Municipal Authorities as per item I(2) of Schedule II.

Whereas at present no proper house to house waste collection system has been made by the Corporation and the Corporation has not notified waste collection schedule as the result of which organic waste is also mixed in other waste and is going to dumping site at Dadu Majra in violation of item No.6 of the Schedule which results in littering of waste in the city causing air and water pollution.

Whereas it is necessary to streamline the collection and disposal of municipal solid waste to protect and conserve the environment and to reduce water and air pollution in the city of Chandigarh.

Therefore, in exercise of powers conferred under Section 5 of Environment (Protection) Act, 1986 . The following directions are proposed to be issued:

  1. That the Municipal Corporation shall frame bye-laws for house to house waste collection within 30 days time.
  2. The aforesaid bylaws shall have provisions for house to house garbage collection charges/fees from the residents and provisions for penalties etc.

The compliance of above directions are to be reported to Secretary Environment, Chandigarh Administration, within 45 days from the date of issue of these directions.

However, as provided under Environment (Protection) Act, 1986 and rules made thereunder, you are given an opportunity to file objections if any, to the Secretary Environment, Chandigarh Administration, within 15 days from the issue of this order.


Endst. No. ED/02/ Dated, theAug., 2002

A copy is forwarded to the following for information and necessary action to :-

  1. The Home Secretary-cum-Secretary, Local Self Govt., Chandigarh Administration.
  2. The Director Environment, Chandigarh Administration.
  3. The Member secretary, Chandigarh Pollution Control Committee, Chandigarh.