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Chapter – 4 Involvement of Private and Community Sector in the Management of Solid Waste

Chapter – 4 Involvement of Private and Community Sector in the Management of Solid Waste
13. Provisions on Licensing:
1) Nobody shall, without obtaining a license from the local body carry out activities relating to the management of solid waste.
2) Any national or foreign company, body or organization, wishing to carry out management of solid waste shall have to apply to the  local body for license enclosing the following particulars:
a) Solid waste management plan,
b) Details of manpower and technology required relating to the management of solid waste,
c) Other matters as prescribed.
3) The concerned local body may issue a license after making the necessary inquiry in the application filed under Sub-section (2).
4) Local body may issue a license under Sub-section (3) only after obtaining permission from the Government of Nepal on condition   that the technology shall be transferred by the foreign company,
organization or body within the time period mentioned in the agreement in case of non-availability of technology necessary for the management, recycle use, processing or disposal of solid
waste.
5) Other matters relating to the license shall be as prescribed.

4. Solid waste Management Works may be Carried out by the Private Sector:
(1) The local body as necessary after making for competition under Section 15 from among the company or community sector licensed under Section 13 or by following any process
concerning private investment law in the infrastructure construction and operation may cause management of the solid waste of its area.
(2) While making management of solid waste under Sub-section (1) in case of private sector company all and in case of community sector and non- governmental organizations or agency any of the
following works may be caused to be carried out:-
(a ) Enhancement of public awareness in the reduction of solid waste
(b) Collection of solid waste
(c) Transportation of solid waste
(d) Use, reuse recycled use or processing of solid waste
(e) Disposal of solid waste
(f) Management after closure
15. Awarding Management of Solid Waste by Making
Competition:
1) The local body shall, for causing solid waste management works
under Section 14 from the private sector or community sector
organizations, make competition by calling tender and select a
manager and award the function of management.
2) The selection of solid waste manager under Sub-section (1) shall
be made on the following basis:
a) The amount agreed to be paid to the local body.
b) The capacity to generate energy or production of organic
fertilizer from the solid waste, capital, technology and human
resource capability,
c) Financial and technical capacity,
d) Sustainability of the technology proposed for the management
of solid waste and reduction of environmental effect,
e) Management charge if a management contract is to be made
f) The royalty agreed to be paid to the local body if it is for the
use of solid waste, processing or recycle use.
3) Other matters concerning tender shall be according to the
prevailing law.
4) The company, body or organization entrusted with the task of
management as per Sub-section (1) may realize charges under
Section 18 acting within the agreement entered into with the local
body.
5) Other matters concerning the involvement of non-governmental
organizations in the solid waste management shall be as prescribed.
16. Permit for the Construction and Operation of Landfill Site
may be given:
1) In case of demand by the private sector for a landfill site,
processing site or other structure to be constructed for the
management of solid waste is made, the local body may, within the
framework of the environment and other prevailing law, permit
construction and operation of such plant.
2) The Local Body shall make follow up of the prescribed
environmental standard, while construction and operation of the
plant for the management of solid waste under Sub-section (1) by
the private sector is done..
3) The Local Body, if finds out non-observation of the prescribed
standard, while monitoring under Sub-section (2), may assign a
time period for observance of a set standard, and if no required
arrangement is made within that assigned time period, may revoke,
as prescribed, the permission of such person or company.
17. Solid Waste Management may be made in Public Private
Partnership:
1) Local Body may within the provisions of prevailing law, make
works on solid waste management, forging a partnership with the
private sector, community and non governmental body or
organizations.
2) Notwithstanding anything written in Sub-section (2) works like
promotion of public awareness for reduction of solid waste,
collection of solid waste, management after the closure of landfill
site, construction of the garden, beautification may only be
permitted to be done or caused to be done under partnership with
the community and non-governmental organization or body.

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