Following are some of the legal and policy setup in the solid waste management sector in Nepal.

The Solid Waste Management and Resource Mobilization Act introduced in 1987 outlines the duties of SWMRMC and authorizes it to take action to control haphazard waste disposal and to collect service fees. Likewise, the act has provisions for various punitive measures against those engaged in activities detrimental to the intentions of the Act. To facilitate implementation of the Act, SWMRMC Rules were formulated in 1989 (Rules and Regulations, 1989, and Bye-Laws, 1990 of SWMRMC). These Rules laid down procedures to be followed by individuals and institutions designing sanitation services, solid waste collection and operation of public toilets.

Clause 9 of this Act empowers the Town Development Committee to regulate, control or prohibit any act or activity which has an adverse effect on public health or the aesthetics of the town, or in any way pollutes the environment. It contains penalty provisions in the form of fines for the violation of the Act.

The NEPAP mentions Solid Waste only in few paragraphs. In essence it suggests that MSW collection and disposal be organized and managed at the ward level, including the levying and collection of fees from residents. As a follow up (Phase II) Stage of NEPAP (4), HMGN produced draft ‘Sector Action Plans’.

The Sector Action Plan incorporate a number of specific project proposals in relation to Solid waste Management

• the development of waste exchange and waste minimization program for industries (Project number and code : 0608 ITEC)
  
  
• the development of Waste Act (Project number and code : 1000 XLAW)
  
  
• the development of National Waste Management Policy (Project number and code : 099 WSOL)
  
  
• Waste Management through Private Sector (Project number and code : 113 WSOL)

Sub-article 7.1 of this Act prohibits haphazard waste disposal, which will have an adverse impact on environment or civic health.

Schedule 1 and Schedule 2 related with Rule 3 of the Environment Protection Rule, 1997 (first amendment 1999) has mandatory provision to conduct Initial Environmental Examination or Environment Impact Assessment of Solid Waste Management Projects depending on their nature.

In 1996, His majesty’s Government of Nepal created the National Waste Management Council (NWMC) under the chairmanship of the Minister for Local Development. This Council works as a technical arm of the Ministry, and is responsible for national policy making.

The National Solid Waste Management Policy adopted in 1996 is a major step forward in this endeavor. The major objectives of this policy are :

• to strengthen local governmental units for more efficient and reliable solid waste management
  
  
• to launch awareness campaigns in order to muster public participation
  
  
• to involve non-governmental organizations in waste management
  
  
• to develop appropriate local technology for waste management
  
  
• to manage final disposal sites as per their amount and nature
  
  
• to make solid waste management an economically self-sufficient (sustainable) and self-reliant activity
  
  
• to promote self-help cleansing schemes
  
  
• to mobilize waste as recycling resources
  
  
• to privatize solid waste management activity at different steps
  
  
• to intervene in solid waste generating activities at source to reduce them; and
  
  
• to prioritize public cleansing activities at the local level.

This policy envisages a two-tier institutional system to execute management activities. This aim to have a separate institution from central to local level and all stakeholders regarding solid waste management should be under its organization. The local solid waste management agency is to act under instructions from the central level agency.