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Understanding the Construction and Demolition Waste Rules, 2016 (‘C&D Waste Rules’)

What are the C&D Waste Rules, 2016?

The C&D Waste Rules seek to improve the collection, segregation, treatment and disposal of construction and demolition waste (‘C&D waste’) in an environmentally sound manner. The Rules set out obligations for the generators of construction and demolition waste as well as other public bodies that have a role to play in disposing C&D waste, such as relevant local authorities, the State Pollution Control Board, the Central Pollution Control Board, the relevant State Government, and the Central Government.

What is C&D waste?

The C&D Waste Rules defines C&D waste as any waste which comprises of building materials, debris and rubble which results from construction, remodeling, repair or demolition of any structure (excluding military structures).

Which are the main entities that the C&D Waste Rules cover?

These include all urban local authorities and within the National Capital Territory of Delhi are the Municipal Corporations of Delhi (‘MCDs’), the New Delhi Municipal Council (‘NDMC’), and the Delhi Cantonment Board (‘DCB’).

Service providers include public bodies that provide services such as electricity, water, telephone, drains, roads, sewage etc. The Delhi Jal Board, BSES Rajdhani and the National Highways Authority of India are all service providers under the C&D Waste Rules.

Waste Generators include any person, association of persons, or organisation whether public or private, that undertakes construction and demolition of structures (excluding military structures) which result in C&D waste.

What are the obligations of waste generators under the C&D Waste Rules?

Waste generators must:

1. Collect and segregate concrete, soil, and other materials

2. Store the C&D waste generated from C&D activity.

3. Ensure that solid waste (and other wastes) do not mix with C&D waste.

4. Ensure that waste does not obstruct traffic, the public or drains in the following ways:

  1. Keep C&D waste within the premises where C&D is happening. In such cases, the MCD, the NDMC or the DCB, as the case may be, will collect such waste. The waste generator must inform the MCD, NDMC or DCB so that the waste can be collected by them.
  2. Deposit waste at authorised collection centres.
  3. Hand over C&D waste to an authorised processing facility. In Delhi, there are three authorised C&D waste processing facilities. Their details are provided below:
  • The IL&FS Environmental Infrastructure & Services Limited, Gate No. 1, Hanuman Mandir Road Near MCD Colony, Jahangirpuri, Delhi-110033.
  • The IL&FS Environmental Infrastructure & Services Limited, c/o East Delhi Municipal Corporation, near EDMC Court Market, Shastri Park, Delhi-110053, and
  • IL&FS Environmental Infrastructure & Services Limited, DMRC site, Madanpur Extension, near Rani Khera Main Road, Village Rani Khera, Mundka, Rohini, Delhi-110081.

5. Pay charges for collection, transportation, processing and disposal to the MCD, NDMC or DCB as the case may be. The charges vary depending on the local authority.

6. More specific obligations are provided in the the Guidelines on Environmental Management of Construction and Demolition Wastes issued by the Central Pollution Control Board in November 2017. These guidelines have been framed under Rule 10, sub-rule (1)(a) of the C&D Waste Rules, which requires the Central Pollution Control Board to prepare operational guidelines for the environmental management of C&D waste.

Do large waste generators have additional obligations?

Generators that produce more than 20 tons of waste in a day or more than 300 tons of waste per project in a month must:

  1. Segregate waste into four streams, namely, concrete, soil, wood and plastics, and bricks and mortar.
  2. Submit a waste management plan to the relevant local authority.
  3. Get appropriate approvals from the local authority before starting construction, demolition or remodeling work.
  4. Keep relevant authorities informed about relevant activities right from the stage of planning till implementation, on a project to project basis.
  5. Pay for two types of charges, namely, (i) charges for processing and disposal, and (ii) charges for storage, collection and transportation. The charges vary depending on the local authority.

What are the obligations of service providers under the C&D Waste Rules?

Service providers (as well as the contractors hired by them) must:

  1. Prepare a comprehensive waste management plan covering segregation, storage, collection, reuse, recycling, transportation and disposal of waste generated within their jurisdiction.
  2. Remove all C&D waste and clean the relevant area on a daily basis. If daily removal and cleaning is not possible then they arrive at a reasonable timeframe in consultation with MCD, NDMC or the DCB for such removal, depending upon the duration of the work and the quantity and type of waste generated.
  3. If they do not have the logistics to make a waste management plan or carry out removal and cleaning, then they must tie up with authorised agencies to carry this out and pay them the relevant charges that are to be notified by the local authority.

What are the main requirements of the operational guidelines framed by the Central Pollution Control Board for the environmental management of C&D waste?

Dust from loading/unloading operations

  1. Areas must be earmarked for delivery/deposition of C&D waste.
  2. Sheets must cover the debris in transport vehicles.
  3. Sign boards must be displayed with necessary do’s and don'ts.
  4. Water must be sprinkled at unloading site (preferably treated wastewater).

Dust due to vehicular movement

  1. Movement of vehicles carrying C&D waste (including processed C&D waste) must be monitored.
  2. Transport routes for C&D waste must be identified to avoid schools, residential areas and hospitals.
  3. Vehicles transporting C&D waste must be covered (specifically those carrying transport material that are wind borne), and must not be overloaded to avoid overflow.
  4. Vehicles transporting C&D waste must be regularly checked and maintained.
  5. For long distance transport of C&D waste, transportation routes must be discussed with relevant local authorities.
  6. Vehicles transporting C&D waste must have earmarked parking spots.
  7. Dust suppression systems must be installed to contain fugitive emissions. This could include water sprinklers.
  8. The transport permit should indicate the material / waste being transported, quantity being transported and place of loading and unloading destinations.
  9. The locations of all temporary / intermediate C&D wastes storage dumpsites to be placed in public domain for stakeholders by the concerned department.

Due to machinery used in construction and demolition activities

  1. Use of Water Sprinklers (preferably treated wastewater).
  2. Construction of wind-breaking walls.
  3. Dust containment cum suppression system for equipment.
  4. Regular cleaning and wetting of ground.
  5. Green belt along periphery of area.
  6. Ensuring that the suspended matter contribution value at a distance of 40 metres from a controlled isolated site as well as from a unit located in a cluster must be less than 600 mg/Nm3. The measurements are to be conducted at least twice a month, every month, in a year.

Due to storage of C&D waste

  1. All areas for storing C&D wastes / construction material to be demarcated and preferably barricaded particularly those materials that have potential to be dust borne.
  2. Contractors, builders, sellers etc. must not store/dump C&D wastes on pucca roads, failing which they will be penalised.
  3. Quantity of construction material at site to be at par with material that has to be utilised such that storage is minimal.
  4. C&D material to be stored in demarcated area and covered, and cement bags to be stored in an enclosed area. Loose cement to be stored in silos.
  5. Fine material preferably kept in sealed bags.

Other obligations

  1. The locations of all temporary / intermediate C&D wastes storage dumpsites to be placed in public domain for stakeholders by the concerned department.
  2. The unloading activities at temporary / intermediate C&D waste dumpsites to ensure that dust borne particles are damped either by water spray or aligning the waste disposal in such a way that minimizes dust dispersal.
  3. The unloading activities of construction material at site / off site to ensure that dispersal of dust borne particles are minimised by either location of dumpsite, or using of water sprinklers, or ensuring they are covered by a sheet made of either jute, tarpaulin, plastic, etc.
  4. Sites of demolition activities to be cordoned off.
  5. No dry sweeping of C&D work areas.
  6. Workers to be provided all necessary safety equipment such as face masks.
  7. No sale of construction material on road-sides.

While the C&D Waste Act, and Rules clearly demarcate duties for different entities, the C&D Guidelines prescribe a set of obligations (activity wise) without specifying which entities are responsible for compliance. The absence of clear demarcation of responsibility makes implementation and accountability challenging.

What are the obligations of operators of C&D waste processing facilities under the C&D Waste Rules?

A operator of C&D processing facility must apply to the Delhi Pollution Control Committee for authorisation before establishing such facility. The format for such authorisation is prescribed in Form I of the C&D Waste Rules.

Additionally, such operators must also:

  1. Comply with the National Ambient Air Quality Standards at the outer boundary of the facility.
  2. Develop a vegetative boundary around the facility to strengthen buffer zone.

While the C&D Waste Act, and Rules clearly demarcate duties for different entities, the C&D Guidelines prescribe a set of obligations (activity wise) without specifying which entities are responsible for compliance. The absence of clear demarcation of responsibility makes implementation and accountability challenging.What are the obligations of operators of C&D waste processing facilities under the C&D Waste Rules?

What are the duties of local authorities under the C&D Waste Rules?

The rules prescribe extensive duties for local authorities to ensure the environmentally sound management of C&D waste. Local authorities must:

  1. Issue directions for the management of C&D waste within their jurisdiction and seek plans from waste generators
  2. Plan the different stages, methods, equipment and material involved in construction and demolition activities as well as the final clean up after the completion of such activities
  3. Seek assistance from relevant authorities for the safe disposal of C&D waste contaminated with hazardous or toxic material, including nuclear waste
  4. Make appropriate arrangements, including placing containers for the collection of waste
  5. Remove containers at regular intervals, either on their own or through private operators
  6. Transport collected waste to appropriate sites for processing and disposal, either on their own or through private operators
  7. Give appropriate incentives to waste generators to salvage, process or recycle waste, preferably on-site
  8. Examine and sanction the waste management plan of waste generators within one month from the date of approval of building plans
  9. Keep track of the generation of C&D waste within its jurisdiction and establish a database that is updated once a year
  10. Consult experts on best practices for the management of C&D waste, including processing facilities and recycling
  11. Create a sustained system of information, education and communication regarding C&D waste through collaborations with expert institutions and civil societies
  12. Provide incentives for the use of C&D waste in construction activities, such as in paving blocks, lower layers of road pavements and colonies.

What are the duties of the Union Territory Administration under the C&D Waste Rules?

  1. The Secretary in-charge of development must prepare a policy on the management of C&D waste in accordance with the rules.
  2. The department within the administration dealing with land must provide suitable sites to set up storage, processing and recycling facilities for C&D waste.
  3. The Town and Country Planning department must incorporate such sites that have been identified in the approved land use plan, so that there is no disturbance to the processing facility on a long term basis
  4. Government contracts must make the procurement of materials from C&D waste mandatory to a certain percentage.

Do any other bodies have duties under the C&D Waste Rules?

Yes, the Bureau of Indian Standards and the Indian Roads Congress must prepare codes of practice and standards for the use of recycled material and products of C&D waste in construction activities. The Indian Roads Congress will frame standards and practices specific to road construction.

Who monitors the implementation of the C&D Waste Rules?

Within the National Capital Territory of Delhi, this is the responsibility of the Delhi Pollution Control Committee. In other states, this is the responsibility of State Pollution Control Boards. These bodies must prepare an annual report to be sent to the Central Pollution Control Board and State Government or Union Territory, the explicit purpose is the generation of comprehensive data. The report, in particular, must contain information on compliance with the rules. The State Pollution Control Board or the Pollution Control Committee may also make suggestions regarding such implementation.

The Central Pollution Control Board will then collate and analyse the data received from State Pollution Control Boards or Pollution Control Committees and review the rules. It will forward an annual compliance report to the Central Government, based on the reports from various State Pollution Control Boards.

The Ministry of Environment, Forest and Climate Change is responsible for reviewing the implementation of the rules as and when required. 

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