Polluter pays principle, new definition of bulk waste generator in new waste management rules

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Himalaya Harbinger, Uttarakhand Bureau

The union environment ministry has notified Solid Waste Management (SWM) Rules, 2026 for processing of waste by bulk waste generators under extended bulk waste generator responsibility (EBWGR), both expanding the definition of bulk waste generators and introducing the polluter-pays concept for the first time.

Bulk waste generators include entities with a floor area of 20,000 square metres or more, or water consumption of 40,000 litres per day or more, or solid waste generation of 100 kg per day or more. These include central and state government departments, local bodies, public sector undertakings, institutions, commercial establishments and residential societies, among others. In solid waste management rules 2016 which the 2026 rule supersede, the bulk waste generator definition did not specify the floor area or water consumption limits of entities. The new rules have a broader definition — which mean more entities will now be classified bulk waste generators.

 

The larger objective of the 2026 rules are the same as the 2016 ones: to strengthen waste management practices, as bulk waste generators account for at least 30% of total solid waste generation in most cities

The new rules make for implementation of “polluter pays” principle. According to them, environmental compensation will be levied on entities carrying out activities without registration; providing false information or ; and submitting forged or manipulated documents.

 

Under the new rules, bulk waste generators will have to register themselves with the concerned local body through a centralised online portal. This was not the case in 2016 rules. The certificate of registration shall specify conditions required to be fulfilled for registration to remain valid.

 

Both the 2026 and 2026 rules also specify, the responsibilities of those organising events such as community festivals, gatherings or weddings and others. These include: intimating the relevant local authority about any event that will have a crowd of more than 100 people at least three days before the event; segregating waste generated at the event; and handing over of segregated waste to waste collector or agency as specified by the local body.

Finally, the 2026 rules, also introduce graded criteria for development around solid waste processing and disposal facilities to facilitate faster land allocation. A buffer zone is to be maintained within the total area allotted for facilities having an installed capacity exceeding 5 tonnes per day. The Central Pollution Control Board will develop guidelines specifying the size of the buffer zone and permissible activities within it, based on the facility’s capacity and pollution load. This is expected to expedite land allocation for waste processing facilities by States and Union Territories, the ministry said.

 

The revised rules mainly integrate the principles of circular economy and extended producer responsibility, with a specific focus on efficient waste segregation and management.

 

“The new solid waste management rules, if implemented properly are set to significantly improve waste management in India. A CEEW study identifies lack of segregation, data inadequacy and absence of focus on waste reduction as key challenges in waste management. Some of the key changes in new rules include mandatory 4-way segregation across the supply chain, which will reduce contamination, boost processing efficiency, and decrease landfill use. A new centralised online portal for real-time tracking will ensure robust data generation and monitoring, essential for better logistics and planning. Furthermore, the introduction of Extended Bulk Waste Generator Responsibility (EBWGR) will target 30-40% of city waste, effectively promoting waste reduction at the source. These measures together promise a cleaner, more efficient waste management system nationwide,” said Priyanka Singh, Programme Lead, Council on Energy, Environment and Water.

Special provisions have been introduced for solid waste management in hilly areas and islands. These include the levy of user fees on tourists and regulation of tourist inflow by local bodies based on available waste management facilities. Some of the provisions for SWM in hilly areas were there in the 2016 rules but not for islands.

 

The Solid Waste Management (SWM) Rules, 2026 supersede the Solid Waste Management Rules, 2016. According to the ministry, the draft notification for the 2026 rules was issued in 2024.