Waste Management in Urban Nepal: The Legal Accountability of Local Governments under the Solid Waste Management Act 2011
June 19, 2025
min read
Abstract
This article provides an in-depth analysis of the urban waste management in Nepal with a focus on the legal accountability of the Local governments under the Solid Waste Management Act, 2011. This report examines the legal framework available, responsibilities ascribed to municipalities, enforcement mechanisms and the challenges being faced by the local bodies in the implementation of that act. From the doctrinal analysis of multiple studies, and the regulatory policies; this paper focuses on the interplay of policy, institutional capacity and community involvement. The analysis ultimately highlights both strengths and the weaknesses within the current legal system while offering plausible recommendations for enhanced institutional capacity, improved infrastructure for waste management and a cohesive regulatory enforcement to achieve sustainability in rapidly developing cities.
Keywords:
Urban Waste Management, Legal Accountability, Solid Waste Management, Local government, Institutional Capacity, Public-Private Partnerships
Introduction
In the 2021 census, the population in urban municipalities has reached 66.17 percent,1 which is a significant rise when compared to the urban population of mere 17 %2 in the census of 2011. The census data reveals a rapid growth which comes with a pressing challenge of municipal waste management (MSW) in ways to protect both the environment and the public health. In Nepal, the Solid Waste Management Act, 2011 AD, and the Solid Waste Management Rules, 2013 AD, serve as the governing regulations for the SWM sector. These regulations establish the guidelines and framework for managing solid waste throughout the country. 3 The Solid Waste Management Act, 2011 was enacted to address the issues regarding waste management through a comprehensive legal framework that assigns full responsibility for waste management to the local governments. The current status of the SWM practices in Nepal includes composting, disposal, landfilling, burning, etc. However, the scientific and environment-friendly way of waste management practices in Nepal is still lagging. 4
Solid waste management, especially finding proper sites for landfilling of MSW generated by municipalities inside Kathmandu valley, has been a burning issue and topic of discussion for the media, government and non-governmental organizations in Nepal for more than a decade.5 The report also reviews the legal provisions in Nepal, the legal accountability imposed on such municipal bodies and the practical implementation challenges in the context of urban settings. The urban municipalities are primarily responsible for the waste collection, segregation of waste, disposal and for promoting sustainable waste management practices. The present report addresses primary responsibilities as mandated by the Act and its effective implementation.
Legal Framework and Legislative Provisions
The Solid Waste Management Act, 2011 offers a comprehensive regulatory framework responsible for management of the solid waste in a systematic and effective way by reducing at its source, re-use, processing or discharge and for maintaining a clean and healthy environment through the reduction of adverse effects to the public health and environment.6 It also defines the term “solid waste” broadly as the domestic waste, industrial waste, chemical waste, health institution related waste or harmful waste7. Moreover, the act also mandates local body to be responsible for managing solid waste8, reduce generation of solid waste9, segregation of solid waste at10, discharge of solid waste11 and to make necessary arrangement for a solid waste collection centerp12. The act also prescribes liability for solid waste transportation and disposal in the local body along with taking necessary steps to reduce, reuse and recycle solid waste. The local body also has the duty to prescribe a sanitary landfill for management and the permanent disposal of solid waste collected in their area.
The municipalities are also empowered by the local by-laws to collect service fees for management of solid waste13 and its operations. The act also mandates the local government to design and implement infrastructural solutions which can be achieved through involvement of Private and Community Sector in the Management of Solid Waste 14 to enhance the overall operation. The local governments are also tasked with regulatory oversight, formalization of waste management operations and provisions for fines and penalties for the breach of waste management protocols. The act allows for a range of penalty measures for ensuring adherence ranging from fines as low as a few hundred rupees (for failure to segregate waste properly) to higher fines and even imprisonment (for significant breaches like hazardous dumping). However, in practice the enforcement is inconsistent with emphasis on public awareness rather than punitive measures. Without consistent enforcement, the deterrence effect is minimal which consequently increases challenges of implementation.
Institutional Responsibilities
The local governments are also responsible to develop integrated solid waste management (ISWM) plans which are complemented by supportive institutions like Solid-Waste Management Technical Support Centre (SWMTSC) within the Ministry of Federal Affairs and Local Development. They have been assisting all municipalities in constructing a sanitary landfill15 and many other SWM related activities but are lagging due to limited financial and human resources. Moreover, in the context of Kathmandu Valley, a different Community Mobilization Unit (CMU) has been organizing programs with emphasis on solid waste management and awareness. Despite this support, the operational burden remains with the municipalities to ensure every segment from the collection to disposal are carried out in accordance with the Solid Waste Management Act.
Implementation Challenges
Despite the clear mandates, the local governments fail to implement the provisions of the Solid Waste Management Act, 2011. Different Municipalities face significant capacity constraints along with inadequate financial resources, shortage of trained personnel and limited technical expertise. Due to financial constraints and technical inefficiencies, municipalities are often unable to provide adequate resources for solid waste management. 45 out of 58 municipalities practice open dumping, including riverside and roadside dumping, thus creating public health risk and environmental problems.16 Moreover the lack of institutional capacity can be seen in the failure of local bodies to develop timely and comprehensive waste management plans and regulatory frameworks. Additionally, there is an absence of correct data related to waste composition, waste generation necessary collection tools and other logistical capacities.
In terms of infrastructure, the municipalities lack adequate waste collection vehicles, processing facilities, and proper landfill sites. In 2017, a bio-methanization plant was set up in Teku, with the support from the European Commission and the government of Nepal and has a daily capacity to convert 3 tons of OFMSW into biogas17 which failed its operation after initial months due to different managerial and operational reasons. It is characteristic of developing countries to involve several agencies in a solid waste management system; often without clear distinction of roles and responsibilities of the various agencies leading to poor delivery of services.18
Many waste collection systems also rely on outdated equipment and this infrastructural gap hinders the goal for sustainable waste management and recycling. The enforcement of the Act also remains as a challenge since the actual imposition of penalties in such cases are sporadic despite clear provisions of monetary fines and imprisonment. Municipalities also promote awareness over strict enforcement allowing illegal dumping and waste handling practices. Additionally, the coordination among the local, provincial and the central government is weak despite the federal structures. Different government agencies including the Ministry of Urban Development and Ministry of Foreign Affairs and Local Development have overlapping responsibilities creating ambiguity in function and inefficiency. Even though the national government emphasizes on waste separation, the public is unaware about the SWM policies and are not accustomed with the waste separation at source leading to increased waste at landfill. 19
Public-Private Partnership and Community Engagement
To ensure ample resources, the act encourages the formation of public-private partnerships (PPP) in waste management. The engaging private sector entities with competitive bidding can enhance the overall operational capacity and help to overcome the infrastructural lapse in municipal setups. The Waste Management Program was introduced in Bhaktapur under Public-Private Partnerships to address the complaints from local communities with the main objective to provide effective waste collection, safe transport to disposal sites by Local community Group Contractors. With the support from GTZ, Bhaktapur composting was commissioned in 1984.20
The municipalities are legally required to regulate such partnerships through licensing to ensure the private stakeholders comply with the environmental and operational standards. The local governments are also required to involve different community based organizations and NGOs in solid waste management activities. Community-based solid waste management projects are activities carried out by members of the community. However, these communities are concerned with the collection and transport of solid waste from the neighborhood to a dumping site outside it.21 In different urban areas, the informal waste collectors, outside the legal frameworks, play a significant role in the process of recycling and waste recovery. The integration of such informal actors through community partnerships can be crucial to ensure broader reach of sustainable practice in a community.
The Private-Public Partnerships can be an effective strategy to overcome the resources constraint and leverage their expertise in the area of waste management. With establishment of clear contractual frameworks, the municipalities can collaborate with reliable partners and de-escalate risk factors. Similarly, the active involvement of communities by formally integrating them into the waste management system along with essential training and incentive can improve waste management service delivery along with promotion of social inclusion and equitable resource distribution.
Role of Policy and Regulatory Reform
The policy reform of the Solid Waste Management Act, 2068 is necessary to strengthen the operational capacity of the local government and to delegate responsibilities across the national, provincial and the local governments. The reforms should include updated guidelines for municipal waste management plans and performance indicators to ensure compliance with public health standards. Additionally, there is a need for the national solid waste management policy ensuring collaboration with stakeholders, informal actors and community initiatives under a cohesive regulatory framework allowing division of responsibilities. The municipalities also need to bridge the gap between regulatory framework and implementation with a robust monitoring and evaluation system with reliable data collection on waste generation, segregation and disposal processes; feedback from stakeholders and integration of periodic audits and performance analysis.
Recommendations
1. Institutional strengthening and capacity building:
To better fulfill the legal mandates, the municipalities must prioritize capacity building through training and investments in technical expertise. Dedicated administrative units within the municipal framework can help with operational oversight while emphasis on systematic data collection, monitoring and the overall performance evaluation mechanism can also enhance effectiveness.
2. Investment in Infrastructures
Investment in technological upgrade and modern waste management infrastructure by upgrading waste collection fleets, efficient transfer stations, established processing plants and sanitary landfill sites as per national and international environment standards. The development of waste management plans for high-altitude areas, including guidelines for climbers on waste management practices and establishment of waste management facilities at base camps, such as incinerators and composting toilets, has also been recommended. 22
3. Enhancing enforcement mechanism
The municipalities need to adopt a more proactive enforcement approach with a mix of awareness, incentive schemes and a punitive measure when necessary. Municipalities must promote public awareness campaigns for recycling aggressively, according to Chapter 2 Article 6 of the Act. 23 Awareness and information provision do not have an effect on at-source segregation of household waste, likely because of being re-mixed by contractors responsible for collection, so at-source segregation is the first step in improving recycling and composting in cities like Bharatpur.24
A clearly defined performance benchmarks and periodic audits should be institutionalized for a consistent application of the penalty provisions. Moreover, establishment of an independent oversight body and enhanced coordination among the private-public stakeholders can help to strengthen the enforcement.
A reorientation of the national policy, with more nuanced guidelines for better implementation where the revised policies must define explicit targets, strategies and measurable outcomes for the municipalities and find innovative funding mechanisms including environmental specific taxes and a better public-private partnerships for financial sustainability required for such reforms.
Conclusion
Although The Solid Waste Management Act, 2011 has legally assigned the local governments with the responsibility of solid waste management, several challenges still persist due to the institutional capacity constraints, lapse in infrastructural coordination and the absence of strict enforcement practices. The gaps in the legislative framework and real implementation hinder waste management efforts, hampering the public health and the environment. It is crucial to overcome these challenges through investment in capacity building, ensuring proper regulatory mechanisms and by embracing innovative financing through Private-Public Partnership. With these changes we can transition towards a more sustainable waste management system which reinforces the principles of environment stewardship and also enhances the living quality of the citizens.
This article provides an in-depth analysis of the urban waste management in Nepal with a focus on the legal accountability of the Local governments under the Solid Waste Management Act, 2011. This report examines the legal framework available, responsibilities ascribed to municipalities, enforcement mechanisms and the challenges being faced by the local bodies in the implementation of that act. From the doctrinal analysis of multiple studies, and the regulatory policies; this paper focuses on the interplay of policy, institutional capacity and community involvement. The analysis ultimately highlights both strengths and the weaknesses within the current legal system while offering plausible recommendations for enhanced institutional capacity, improved infrastructure for waste management and a cohesive regulatory enforcement to achieve sustainability in rapidly developing cities.
Keywords:
Urban Waste Management, Legal Accountability, Solid Waste Management, Local government, Institutional Capacity, Public-Private Partnerships
Introduction
In the 2021 census, the population in urban municipalities has reached 66.17 percent,1 which is a significant rise when compared to the urban population of mere 17 %2 in the census of 2011. The census data reveals a rapid growth which comes with a pressing challenge of municipal waste management (MSW) in ways to protect both the environment and the public health. In Nepal, the Solid Waste Management Act, 2011 AD, and the Solid Waste Management Rules, 2013 AD, serve as the governing regulations for the SWM sector. These regulations establish the guidelines and framework for managing solid waste throughout the country. 3 The Solid Waste Management Act, 2011 was enacted to address the issues regarding waste management through a comprehensive legal framework that assigns full responsibility for waste management to the local governments. The current status of the SWM practices in Nepal includes composting, disposal, landfilling, burning, etc. However, the scientific and environment-friendly way of waste management practices in Nepal is still lagging. 4
Solid waste management, especially finding proper sites for landfilling of MSW generated by municipalities inside Kathmandu valley, has been a burning issue and topic of discussion for the media, government and non-governmental organizations in Nepal for more than a decade.5 The report also reviews the legal provisions in Nepal, the legal accountability imposed on such municipal bodies and the practical implementation challenges in the context of urban settings. The urban municipalities are primarily responsible for the waste collection, segregation of waste, disposal and for promoting sustainable waste management practices. The present report addresses primary responsibilities as mandated by the Act and its effective implementation.
Legal Framework and Legislative Provisions
The Solid Waste Management Act, 2011 offers a comprehensive regulatory framework responsible for management of the solid waste in a systematic and effective way by reducing at its source, re-use, processing or discharge and for maintaining a clean and healthy environment through the reduction of adverse effects to the public health and environment.6 It also defines the term “solid waste” broadly as the domestic waste, industrial waste, chemical waste, health institution related waste or harmful waste7. Moreover, the act also mandates local body to be responsible for managing solid waste8, reduce generation of solid waste9, segregation of solid waste at10, discharge of solid waste11 and to make necessary arrangement for a solid waste collection centerp12. The act also prescribes liability for solid waste transportation and disposal in the local body along with taking necessary steps to reduce, reuse and recycle solid waste. The local body also has the duty to prescribe a sanitary landfill for management and the permanent disposal of solid waste collected in their area.
The municipalities are also empowered by the local by-laws to collect service fees for management of solid waste13 and its operations. The act also mandates the local government to design and implement infrastructural solutions which can be achieved through involvement of Private and Community Sector in the Management of Solid Waste 14 to enhance the overall operation. The local governments are also tasked with regulatory oversight, formalization of waste management operations and provisions for fines and penalties for the breach of waste management protocols. The act allows for a range of penalty measures for ensuring adherence ranging from fines as low as a few hundred rupees (for failure to segregate waste properly) to higher fines and even imprisonment (for significant breaches like hazardous dumping). However, in practice the enforcement is inconsistent with emphasis on public awareness rather than punitive measures. Without consistent enforcement, the deterrence effect is minimal which consequently increases challenges of implementation.
Institutional Responsibilities
The local governments are also responsible to develop integrated solid waste management (ISWM) plans which are complemented by supportive institutions like Solid-Waste Management Technical Support Centre (SWMTSC) within the Ministry of Federal Affairs and Local Development. They have been assisting all municipalities in constructing a sanitary landfill15 and many other SWM related activities but are lagging due to limited financial and human resources. Moreover, in the context of Kathmandu Valley, a different Community Mobilization Unit (CMU) has been organizing programs with emphasis on solid waste management and awareness. Despite this support, the operational burden remains with the municipalities to ensure every segment from the collection to disposal are carried out in accordance with the Solid Waste Management Act.
Implementation Challenges
Despite the clear mandates, the local governments fail to implement the provisions of the Solid Waste Management Act, 2011. Different Municipalities face significant capacity constraints along with inadequate financial resources, shortage of trained personnel and limited technical expertise. Due to financial constraints and technical inefficiencies, municipalities are often unable to provide adequate resources for solid waste management. 45 out of 58 municipalities practice open dumping, including riverside and roadside dumping, thus creating public health risk and environmental problems.16 Moreover the lack of institutional capacity can be seen in the failure of local bodies to develop timely and comprehensive waste management plans and regulatory frameworks. Additionally, there is an absence of correct data related to waste composition, waste generation necessary collection tools and other logistical capacities.
In terms of infrastructure, the municipalities lack adequate waste collection vehicles, processing facilities, and proper landfill sites. In 2017, a bio-methanization plant was set up in Teku, with the support from the European Commission and the government of Nepal and has a daily capacity to convert 3 tons of OFMSW into biogas17 which failed its operation after initial months due to different managerial and operational reasons. It is characteristic of developing countries to involve several agencies in a solid waste management system; often without clear distinction of roles and responsibilities of the various agencies leading to poor delivery of services.18
Many waste collection systems also rely on outdated equipment and this infrastructural gap hinders the goal for sustainable waste management and recycling. The enforcement of the Act also remains as a challenge since the actual imposition of penalties in such cases are sporadic despite clear provisions of monetary fines and imprisonment. Municipalities also promote awareness over strict enforcement allowing illegal dumping and waste handling practices. Additionally, the coordination among the local, provincial and the central government is weak despite the federal structures. Different government agencies including the Ministry of Urban Development and Ministry of Foreign Affairs and Local Development have overlapping responsibilities creating ambiguity in function and inefficiency. Even though the national government emphasizes on waste separation, the public is unaware about the SWM policies and are not accustomed with the waste separation at source leading to increased waste at landfill. 19
Public-Private Partnership and Community Engagement
To ensure ample resources, the act encourages the formation of public-private partnerships (PPP) in waste management. The engaging private sector entities with competitive bidding can enhance the overall operational capacity and help to overcome the infrastructural lapse in municipal setups. The Waste Management Program was introduced in Bhaktapur under Public-Private Partnerships to address the complaints from local communities with the main objective to provide effective waste collection, safe transport to disposal sites by Local community Group Contractors. With the support from GTZ, Bhaktapur composting was commissioned in 1984.20
The municipalities are legally required to regulate such partnerships through licensing to ensure the private stakeholders comply with the environmental and operational standards. The local governments are also required to involve different community based organizations and NGOs in solid waste management activities. Community-based solid waste management projects are activities carried out by members of the community. However, these communities are concerned with the collection and transport of solid waste from the neighborhood to a dumping site outside it.21 In different urban areas, the informal waste collectors, outside the legal frameworks, play a significant role in the process of recycling and waste recovery. The integration of such informal actors through community partnerships can be crucial to ensure broader reach of sustainable practice in a community.
The Private-Public Partnerships can be an effective strategy to overcome the resources constraint and leverage their expertise in the area of waste management. With establishment of clear contractual frameworks, the municipalities can collaborate with reliable partners and de-escalate risk factors. Similarly, the active involvement of communities by formally integrating them into the waste management system along with essential training and incentive can improve waste management service delivery along with promotion of social inclusion and equitable resource distribution.
Role of Policy and Regulatory Reform
The policy reform of the Solid Waste Management Act, 2068 is necessary to strengthen the operational capacity of the local government and to delegate responsibilities across the national, provincial and the local governments. The reforms should include updated guidelines for municipal waste management plans and performance indicators to ensure compliance with public health standards. Additionally, there is a need for the national solid waste management policy ensuring collaboration with stakeholders, informal actors and community initiatives under a cohesive regulatory framework allowing division of responsibilities. The municipalities also need to bridge the gap between regulatory framework and implementation with a robust monitoring and evaluation system with reliable data collection on waste generation, segregation and disposal processes; feedback from stakeholders and integration of periodic audits and performance analysis.
Recommendations
1. Institutional strengthening and capacity building:
To better fulfill the legal mandates, the municipalities must prioritize capacity building through training and investments in technical expertise. Dedicated administrative units within the municipal framework can help with operational oversight while emphasis on systematic data collection, monitoring and the overall performance evaluation mechanism can also enhance effectiveness.
2. Investment in Infrastructures
Investment in technological upgrade and modern waste management infrastructure by upgrading waste collection fleets, efficient transfer stations, established processing plants and sanitary landfill sites as per national and international environment standards. The development of waste management plans for high-altitude areas, including guidelines for climbers on waste management practices and establishment of waste management facilities at base camps, such as incinerators and composting toilets, has also been recommended. 22
3. Enhancing enforcement mechanism
The municipalities need to adopt a more proactive enforcement approach with a mix of awareness, incentive schemes and a punitive measure when necessary. Municipalities must promote public awareness campaigns for recycling aggressively, according to Chapter 2 Article 6 of the Act. 23 Awareness and information provision do not have an effect on at-source segregation of household waste, likely because of being re-mixed by contractors responsible for collection, so at-source segregation is the first step in improving recycling and composting in cities like Bharatpur.24
A clearly defined performance benchmarks and periodic audits should be institutionalized for a consistent application of the penalty provisions. Moreover, establishment of an independent oversight body and enhanced coordination among the private-public stakeholders can help to strengthen the enforcement.
- Promoting Multi-Stakeholder Coordination
A reorientation of the national policy, with more nuanced guidelines for better implementation where the revised policies must define explicit targets, strategies and measurable outcomes for the municipalities and find innovative funding mechanisms including environmental specific taxes and a better public-private partnerships for financial sustainability required for such reforms.
Conclusion
Although The Solid Waste Management Act, 2011 has legally assigned the local governments with the responsibility of solid waste management, several challenges still persist due to the institutional capacity constraints, lapse in infrastructural coordination and the absence of strict enforcement practices. The gaps in the legislative framework and real implementation hinder waste management efforts, hampering the public health and the environment. It is crucial to overcome these challenges through investment in capacity building, ensuring proper regulatory mechanisms and by embracing innovative financing through Private-Public Partnership. With these changes we can transition towards a more sustainable waste management system which reinforces the principles of environment stewardship and also enhances the living quality of the citizens.
References
[1]
National Statistics Office, National Population and Housing Census 2021 (National Report) (May 2023).
[2]
Government of Nepal, National Planning Commission Secretariat, Central Bureau of Statistics, National Population and Housing Census 2011 (National Report) (Nov. 2012).
[3]
Manohar Aryal & Surendra Adhikary, Solid Waste Management Practices and Challenges in Besisahar Municipality, Nepal, 19 PLOS ONE e0292758 (2024), https://doi.org/10.1371/journal.pone.0292758.
[4]
A. Maharjan et al., Solid Waste Management: Challenges and Practices in the Nepalese Context, 7(1) Himalayan Biodiversity 6–18 (2019), https://doi.org/10.3126/hebids.v7i1.40185.
[5]
D. Pokhrel & T. Viraraghavan, Municipal Solid Waste Management in Nepal: Practices and Challenges, 25 Waste Mgmt. 555 (2005).
[15]
Susmita Dhakal, Inorganic Solid Waste Recycling in Kathmandu Metropolis, Nepal, 30 Bull. Nepal Geological Society, 81 (2013).
[16]
Cyann Staub, An Overview of Plastics' Management in South & Southeast Asia, CUTS International (Apr. 2021).
[17]
Sunil Prasad Lohani et al., Waste to Energy in Kathmandu Nepal—A Way Toward Achieving Sustainable Development Goals, Sustainable Dev., https://doi.org/10.1002/sd.2183 (2021).
[18]
Nikita Sharma, Governance and Women’s Group Participation in Solid Waste Management in Nepal: A Case of Lalitpur Sub Metropolitan City (Norwegian University of Science & Technology, 2017).
[19]
Indu Duwal, Integrated Sustainable Waste Management in Bhaktapur, Nepal: A Case Study of Current Practices Regarding Waste Separation and Spatial Issues Related with Municipal Solid Waste Management in Bhaktapur, Nepal (2015).
[20]
Mita Prajapati, Community Participation for Solid Waste Management- A Case of Traditional Core of Kathmandu City (M.S. thesis, Tribhuvan Univ., Inst. of Eng’g, Pulchowk Campus, 2017).
[21]
Manira Gotame, Community Participation in Solid Waste Management Kathmandu (Univ. of Bergen, 2012).
[22]
G. Biswakarma et al., Waste Management Policy and Practices in Mountain Expeditions in Nepal: Stakeholder’s Perspective on Implementation of Mountaineering Expedition Rules, 10(2) Int’l J. Tourism & Hospitality Rev. 1–14 (2023), https://doi.org/10.18510/ijthr.2023.1021.
[24]
Mani Nepal et al., Low-Cost Strategies to Improve Municipal Solid Waste Management in Developing Countries: Experimental Evidence from Nepal, 84 Envtl. & Res. Econ. 729 (2023).
About the Authors
Abhiruchee Lamsal
Abhiruchee Lamsal, is currently studying B.A.LL.B at Nepal Law. She is interested in legal philosophy, gender justice and is also a freelance writer.
View all posts by Abhiruchee Lamsal