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Centre issues new rules to regulate and recycle construction and demolition waste

#Law & Policy#India
Synopsis

India produces between 150 and 500 million tonnes of construction and demolition (C&D) waste annually, significantly impacting air and water quality. To address this, the Centre has enforced new rules under the Extended Producer Responsibility framework, effective from April 1 next year. These rules mandate large developers, recyclers, and waste facility operators to register on a tracking portal and meet recycling targets. Non-compliance will lead to environmental penalties. The Bureau of Indian Standards will draft usage guidelines for recycled materials. Local bodies must establish waste facilities and ensure policy execution, driving structured C&D waste management across states and Union Territories.

India produces between 150 to 500 million tonnes of construction and demolition (C&D) waste annually, which significantly impacts air and water quality. To address this growing environmental concern, the central government has introduced comprehensive rules under an extended producer responsibility (EPR) framework. Starting April 1 next year, the rules require all producers to handle and dispose of construction and demolition waste through eco-friendly practices.


These regulations apply to producers undertaking construction projects with a built-up area of 20,000 square meters or more. Until now, the absence of stringent regulations has resulted in unregulated dumping, primarily due to a lack of designated disposal zones and improper segregation of C&D waste from biodegradable materials. The National Capital Region (NCR) alone generates around 6,303 tonnes of C&D waste each day. Although authorities in NCR process nearly 78% of this waste daily, those in other regions lack the infrastructure and systems needed to manage similar volumes effectively.

The Ministry of Environment, Forest and Climate Change, in its recent notification, has directed producers, recyclers, and facility operators to register on a centralized portal. This platform will enable authorities to monitor compliance and ensure that all stakeholders meet their assigned recycling and waste management targets within specified timeframes. Under the EPR framework, producers will be accountable for meeting annual recycling goals. Any failure to comply with the rules will result in environmental compensation penalties, imposed by either central or state pollution control boards, based on the extent of harm caused to the surrounding environment.

However, the mere payment of such compensation will not relieve the producers from fulfilling their extended responsibilities. If they fail to meet their annual targets, the obligations will roll over for up to three subsequent years. The rules exclude waste arising from defence projects, atomic energy installations, and natural calamities. They also call for collaboration with the Bureau of Indian Standards and Indian Road Congress, who will be tasked with creating codes and practices for incorporating recycled materials in road construction.

Funds collected as environmental compensation will be managed by the Central Pollution Control Board (CPCB) through a separate account. These funds will be strictly allocated for the collection and recycling of legacy waste, orphan waste, and uncollected C&D materials. Municipal bodies and urban development departments in all states and union territories will guide the creation and implementation of policies for managing construction and demolition waste. These agencies will also issue operational guidelines and ensure effective utilization of processed waste within their jurisdictions.

Furthermore, they are responsible for establishing waste storage and processing facilities at local, regional, or cluster levels within one year of the rules' enactment.

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