Chapter 1 Preliminary

Chapter 1 Preliminary
1. Short Title and Commencement:
(1) This Act may be called as “Solid Waste Management Act, 2068”
(2) This Act shall come into force immediately.
2. Definitions: Unless the subject or context otherwise requires, in this Act:
a) “Industrial Waste” means harmful and polluted waste discharged from the Industrial Enterprises.
b) “Industrial Enterprises” means any industry, company, firm or any other body established under the prevailing law with the purpose of running an industry, profession or services.
c) “Container” means the utensil, box, basin or any other material used for collection of waste, used for collection of solid waste and kept at specific places, this word shall also mean any ware used for the production of compost fertilizer.
d) “Centre” means the Solid Waste Technical Cooperation Centre Under Section 26.
e) “Transportation” mean the process of carrying out of the collected solid waste from the solid waste producing place to the collection centre and from the collection centre to the solid waste management place or to any
other place specified by the local body.
f) “Prescribed” or “as prescribed” means as prescribed in the Rules framed under this Act.
g) “Reduction” means the process used for ‘reducing the quantity, size and effect of the solid waste by the use of any technology or knowledge.
h) “Discharge” means the process of depositing or extracting (the solid waste) from the place prescribed by the local body.
i) “Council” mean the Solid Waste Management Council formed under Section 23.
j) “Pollution” means the activities causing considerable damage, loss or harmful effect to the beneficial or useful purpose of the environment is caused by the combined use of solid, liquid or gaseous matters through
direct or indirect effect to the environment.
k) “Affected Area” means the area mentioned in the initial environmental examination and environmental impact assessment report on the solid waste management site.
l) “Recycling” means the process by which the solid waste is changed on its appearance or property into any other useful substance or product, fertilizer, gas, energy or other substance by which solid waste management is made.
m) “Recycling Site” means a place where work of recycling of solid waste is done to produce fertilizer, gas, energy or any other substance.
n) “Recycling use” means the process of re-use of the substance obtained through the recycling of the collected solid waste material using technology into raw material.
o) “Solid Waste” means domestic waste, industrial waste, chemical waste, health institution related waste or harmful waste and this word shall also mean the materials which cannot be used presently, thrown
away or in rotten stage or in solid, liquid, gaseous, thick liquid, smoke, or dust form emitted out damaging the environment or materials and equipments used for electrical or information techn logy or any other materials of such nature or posters, pamphlets posted unauthorized at public places or other substances prescribed as solid
waste through publication of notice in the Nepal Gazette by the Government of Nepal from time to time.
p) “Sanitary Landfill Site” means any place prescribed by the local body for discharging or processing of the solid waste.
q) “Solid Waste Collection” means the collection of solid waste from  such waste production site, house to house collection, sweeping, depositing, weed uprooting waste materials from public places, and
collection of posters or pamphlets which are pasted without permission at public place.
r) “Solid Waste Collection and Transportation Vehicle” means any vehicle instrument or tools used for the purpose of collection and transportation of solid waste.
s) “Post Closure Management” means the environmental balancing  work carried out in the area where the discharge activity is closed. t) “Ministry” means the Ministry of Local Development, Government of Nepal.
u) “Chemical waste” means all chemical substances which cannot be used as it is derived from any source or reaction capable of inflicting harmful effects on the human health, including animals, living beings
and also on the environment or any matter or substance in solid, gas, liquid, dust, thick liquid form prescribed by the Government of Nepal by notification in the Nepal Gazette as chemical waste.
v) “Disposal” means the last discharge and management of solid waste.
w) “Collection Centre” means a place specified by the local body where the solid waste produced from household is collected and is thrown, placed or deposited for a prescribed period of time and this term shall also
mean the vehicle needed for collection of solid waste or the collector communing to households prescribed by the local body for household solid waste collection.
x) “Board” means the Board of Directors constituted under Section 29.
y) “Community Organization” means participatory user group,
cooperative organization or non-governmental organization established under the prevailing Nepal law, having non-profit earning objectives established for the welfare of the community.
z) “Transferring Centre” means a place prescribed by the local body where the solid waste is collected before its final disposal to the sanitary landfill site.
aa) “Local Body” means concerned municipality, sub-municipality, city and Village Development Committee.
bb) “Health institution related waste” means harmful waste produced and discharged from hospital, clinic, pharmacy, medicine shop, blood bank, pathological laboratory, animal health related body or health research
centre etc.
cc) “Harmful Waste” means any substance, matter or radioactive radiation produced in any form, capable of derogating the natural environment, causing damage or, injury to human or living being’s health.