Hazardous Waste Management
A hazardous
waste is waste that poses substantial or potential threats to public health
or the environment. What determines whether it's a hazardous waste is it's: ignitability (i.e., flammable), reactivity, corrosiveness
and toxicity.
These wastes may be found in different physical states such as gaseous,
liquids, or solids. Furthermore, a hazardous waste is a special type of waste because it cannot be disposed of by common means
like other by-products of our everyday lives. Depending on the physical state
of the waste, treatment and solidification processes might be available. In
other cases, however, there is not much that can be done to prevent harm.
Hazardous
waste management
is a new concept for most of the
Asian countries including India .
The lack of technical and financial resources and the regulatory control for
the management of hazardous wastes in the past had led to the unscientific
disposal of hazardous wastes in India ,
which posed serious risks to human, animal and plant life.
As per the ideal industrial citing criteria in India ,
the industry should have enough land available within its premises for the
treatment and disposal and or reuse/recycling of the wastes generated from it.
However, very few industries in India
own proper treatment and disposal facilities. Mostly the large-scale industries
and a few medium-scale industries and none of the small-scale industries own
the above facilities.
Environmental
Laws in India
In
order to manage hazardous waste (HW), mainly solids, semi-solid and other
Industrial wastes which are not covered by the Water & Air Acts, and also
to enable the authorities to control handling, treatment, transport and
disposal of waste in an environmentally sound manner, Ministry of Environment
& Forests (MoEF). Government of India notified the Hazardous Waste
(Management & Handling) Rules (HWM Rules) on July 28, 1989 under the
provisions of the Environment (Protection) Act, 1986 and was further amended in
the year 2000 & 2003.
Environment
Protection under Indian Constitution
a) The State's
responsibility with regard to environmental protection has been laid down under
Article 48-A[1] of our
Constitution, which reads as follows:
"The State shall endeavor to protect and
improve the environment and to safeguard the forests and wildlife of the
country".
b)
Environmental protection is a fundamental duty of every citizen of this country
under Article 51-A (g)[2] of
our Constitution which reads as follows:
"It
shall be the duty of every citizen of India to protect and improve the
natural environment including forests, lakes, rivers and wildlife and to have
compassion for living creatures."
c) Article
21 of the Constitution is a
fundamental right which reads as follows:
"No
person shall be deprived of his life or personal liberty except according to
procedure established by law."
CHAPTER 2
Regulatory Frame Work
HAZARDOUS
WASTES (MANAGEMENT AND HANDLING) RULES 1989, UNDER ENVRONMENT PROTECTION ACT, 1986
The Government of India has promulgated the Hazardous
Waste (Management & Handling) Rules in 1989 through the Ministry of
Environment and Forests (MOEF) under the aegis of Environment (Protection) Act
[E(P) Act], 1986. Under the HW (M&H) Rules, the hazardous wastes are
divided into 18 categories. Moreover, the role and responsibilities of the
waste generator, state/central pollution controls boards and state Government
is clearly defined.[3]
HAZARDOUS
WASTES (MANAGEMENT AND HANDLING) AMENDMENT RULES 2000 and 2003
These
amendments enable to identify hazardous wastes by means of industrial processes
and waste streams in Schedule I and also by way of concentrations of specified
constituents of the hazardous waste in Schedule II. Categories of wastes banned
for export and import have also been defined (Schedule-8) The procedure for
registration of the recyclers/reprocesses with environmentally sound facilities
for processing waste categories such as used lead acid batteries, non-ferrous
metal and used oil as contained in schedule-4 and schedule-5 respectively has
also been laid down. Further, separate Rules have also been notified in
continuation of the above Rules for bio-medical wastes as well as used lead
acid batteries.
WATER
(Prevention and Control of Pollution) ACT 1974
The objectives of the Water
(Prevention and Control of Pollution) Act are to provide for the Prevention and
Control of Water Pollution and the maintenance or restoration of the
wholesomeness of water for the establishment, with a view to carrying out the
purposes aforesaid, of Boards for the prevention and control of water
pollution, for conferring on and assigning to such Boards powers and functions
relating thereto and for matters connected therewith.
AIR
(Prevention and Control of Pollution) ACT 1981
The
objective of this Act is to provide for the prevention, control and abatement
of air pollution, for the establishment, with a view to carrying out the
aforesaid purposes, of Boards, for conferring on and assigning to such Boards
powers and functions relating thereto and for matters connected therewith.[4]
Other than HWM some Rules Pertaining to Hazardous Substances in India
- Bio-Medical Wastes (Management and Handling) Rules, 1998
·
Manufacture, Storage, Import of
Hazardous Chemicals Rules, 1989
·
Chemical Accidents (Emergency
Planning, Preparedness and
Response) Rules, 1996
·
Manufacture Use, Import Export and
Storage of Hazardous Micro Organisms or Genetically Engineered Cells Rules,
1989
·
Municipal Solid Waste (Management and
Handling) Rules, 2000
·
CHAPTER 3
The Basel
The
Basel Convention which was
signed by India
If
any industry does not possess this facility, it has no right to continue its
operation. The Basel Convention has to finally
come out with the lists of banned wastes, where no import or export would be permitted and also
the list where the transactions would be strictly regulated.
As
a party to the Convention, India
is obliged to regulate and minimize the import of hazardous waste or other
wastes for disposal or re-cycling and also to prohibit export of waste to
parties, which have prohibited the import of such wastes. As a party India is
also required to minimize generation of hazardous waste in the country taking
into account social, technological and economic aspects. Further, hazardous
waste generated in the country is also required to be managed in an
environmentally sound manner. India ,
as a party, can prevent the import of hazardous waste or other waste if it has
reason to believe that the waste in question will not be managed in an environmentally
sound manner.
CHAPTER 4
Present Hazardous Waste Generation Scenario
Present
Hazardous Waste Generation in India
The
amount of hazardous waste generated in this country is quite small in
comparison to that of the USA ,
where as much as 275 million tones of hazardous waste was generated annually.
However, considering the fragile ecosystem that India has (The State of India's
Environment, Part I, National Overview, The Citizens Fifth Report, Centre for
Science & Environment, 1999), even this low quantum of hazardous wastes
(around 4.4 million MTA) can cause considerable damage to natural resources if
untreated before releases. India 's
fragile ecosystem could be seen from the following:
1.
Air pollution in Indian cities is highest amongst the world
2.
Over 70% of the country's surface water sources are polluted and, in
large stretches of major rivers, water is not even fit for bathing
3.
India has among the lowest per capita
availability of forests in the world, which is 0.11 ha as compared to 0.50 ha
in Thailand and 0.8 ha in China
The
security of Indian fragile ecosystem, therefore, warrants sustainable
consumption of natural resources and protection from environmental degradation.
Estimates
of OECD about Hazardous Waste Generation in India
The
hazardous waste generated in the country per annum is estimated to be around
4.4 million tones while as per the
estimates of Organization for Economic Cooperation and Development (OECD)
derived from correlating hazardous waste generation and economic activities,
nearly five million tones of hazardous waste are being produced in the country
annually. This estimate of around 4.4 million MTA is based on the 18 categories
of wastes which appeared in the HWM Rules first published in 1989.Out of this,
38.3% is recyclable, 4.3% is incinerable and the remaining 57.4% is disposable
in secured landfills. Twelve States of the country ( Maharashtra, Gujarat,
Tamil Nadu, Orissa, Madhya Pradesh , Assam , Uttar Pradesh, West
Bengal , Kerala, Andhra Pradesh, Karnataka and Rajasthan) account
for 97% of total hazardous waste generation. The top four waste generating
states are Maharashtra, Gujarat , Andhra
Pradesh and Tamil Nadu. On the other hand, states such as Himachal Pradesh,
Jammu & Kashmir, all the North Eastern States
excepting Assam
generate less than 20,000 MT per annum. Given the wide variations in quantity
and nature of waste generated across states and union territories (UTs) and
also considering the wide variations in climatic as well as hydro-geological
conditions in different regions of the country, the approach to waste
management has to be essentially state-specific.
As
a result, the total quantum of waste generated as well as its composition in
terms of landfillable, incinerable etc. would undergo substantial changes.
Nevertheless, the geographical distribution of waste generated and its
distribution amongst the states is unlikely to undergo major changes.
Significance
of SMEs Industrial Output and Hazardous Waste Generation
Nearly
fifty percent of the total industrial output in India is contributed by the SMEs.
They also account for 60 to 65 percent of the total industrial pollution.
However, most of these industries generate hazardous wastes, which find their
way uncontrolled into the environment. According to the National Productivity
Council, New Delhi (India ), there are more than 3
million small and medium scale industries, which are spread throughout the
country in the form of clusters/industrial estates. SMEs in India cannot afford to adopt and
maintain adequate hazardous waste treatment and disposal technologies. In the
absence of common disposal facilities, the waste generators have been accorded
temporary permission to store waste in their premises except in areas serviced
by common facilities that have come up in the States of Gujarat, Maharashtra and Andhra Pradesh (where storage period
should not exceed for more than 90 days).
CHAPTER 5
Supreme Court Interventions on non-implementation of HWM Rules
Petition
complaining the violation of fundamental rights[5]
Though
the HWM Rules came into existence in 1989, Rules they were never implemented in
letter and spirit. The non-implementation resulted in indiscriminate &
illegal dumping of hazardous waste on land. Due to alarming situation created
by illegal dumping of hazardous waste, its generation and serious and
irreversible damage as a result thereof to the environment, flora and fauna,
health of animals and human beings, a petitioner approached the Supreme Court
under Article 32 complaining of violation of Article 14 and 21 of the
Constitution of India. The petitioner has, inter alia, relied upon the Basel
Convention which was signed by India
on15th March, 1990 and ratified on24th June, 1992. The ratification of Basel
Convention by India
shows the commitment of the country to solve the problem on the principles and
basis stated in the said document.
The
HWM Rules have been amended twice (2000 & 2003) during pendency of this
petition, the latest amendment being on23rd May, 2003.
Considering
the magnitude of the problem and the extent of hazardous waste generated, this
Court issued notices to all the State Governments, Central Pollution Control
Board and State Pollution Control Boards, Pollution Control Committees in the
Union Territory, so as to identify the problem, and the extent of such waste,
availability of the disposal sites and various other aspects relevant to
minimizing the generation, its proper handling and disposal with a view to
safeguard the environment.
Orders
of the Supreme Court prior to this petition
In
Rural
Litigation and Entitlement Kendra v. State of U.P., the Court ordered
the closure of certain lime stone quarries on the ground that there were
serious deficiencies regarding safety and hazards in them. The Court had
appointed a committee for the purpose of inspecting certain lime
stone-quarries. The Committee had suggested the closure of certain categories
of stone quarries having regard to adverse impact of mining operations therein.
Large scale pollution was caused by lime stone quarries adversely affecting the
safety and health of the people living in the area.
In
M.
C. Mehta v. Union of India (popularly known as ‘Shriram Food and Fertilizer
case’) the Supreme Court directed the company manufacturing hazardous
and lethal chemicals and gases posing danger to health and life of workmen and
people living in its neighborhood, to take all necessary safety measures before
reopening the plant. There was a leakage of Chlorine gas from the plant
resulting in death of one person and causing hardships to workers and residents
of the locality. This was due to the negligence of the management in
maintenance and operation of the caustic chlorine plant of the Company. The
matter was brought before the Court through a Public Interest Litigation. The
management was directed to deposit a sum of Rs. 20 lacs by way of security for
payment of compensation claims of the victims of Oleum gas leak with the
Registrar of the Court. In addition, a bank guarantee for a sum of 15 lacs was
also directed to be deposited which shall be encashed in case of any escape of
Chlorine gas within a period of three years from the date of the judgment
resulting in death or injury to any workman or any person living in the
vicinity. Subject of these conditions the Court allowed the partial reopening
of the plant.
In M.C.
Mehta v. Union of India (popularly known as ‘Ganga Pollution Case’),
the petitioner brought a Public Interest Litigation against Ganga water
pollution requiring the Court to issue appropriate directions for the
prevention of Ganga water pollution. He claimed that although Parliament and
the State Legislatures have passed several laws imposing duties on the Central
and State Boards constituted under the Water (Prevention and Control of
Pollution) Act and the municipalities under the U.P. Nagar Mahapalika
Adhiniyam, they have just remained on paper and no proper action had been taken
pursuant thereto. The Supreme Court held that the petitioner although not a
riparian owner (living on the river side) was entitled to move the Court for
the enforcement of various statutory provisions which impose duties on the
municipal and other authorities. He is a person interested in protecting the
lives of the people who make use of the Ganga
water. The nuisance caused by the pollution of the river Ganga
is a public nuisance which is wide spread and affecting the lives of large
number of persons and therefore any particular person can take proceedings to
stop it as distinct from the community at large.
In
another case in M.C. Mehta v. Union of India (1996) the Supreme Court ordered the
shifting of 168 hazardous industries operating in Delhi
as they were causing danger to the ecology and directed that they be
reallocated lands to the National Capital Region as provided in the Master Plan
for Delhi . The
Court directed these industries to close down with effect from 30.11.1996.
Likewise,
in Council for Enviro-legal Action v. Union of India the Court issued
appropriate orders and directions for implementing and enforcing the laws to
protect ecology. The petition was filed by a registered voluntary organization
working for the cause of environmental protection in India as a public interest
litigation complaining ecological degradation in coastal areas. It was
contended that the Government was not implementing its own Notification which
was issued to regulate activities in the said zone. It was said that there was
blatant violation of this Notification and industries were being set up causing
serious damage to the environment and ecology of that area. It held that the
matter be raised before the concerned State High Courts which shall issue
necessary orders or directions.
In
Vellore Citizen’s Welfare Forum v. Union
of India the petitioner, Vellore Citizen’s Welfare Forum, filed a writ
petition by of public interest litigation drawing the attention of the Court
towards the pollution caused by enormous discharge of untreated effluent by the
tanneries and other industries in the State of Tamil Nadu . It was said that the tanneries
are discharging untreated affluent into agricultural fields. Waterways, Open
lands, and rivers rendering the river water unfit for human consumption.
Contaminating the subsoil water and had spoiled the physico-chemical properties
of the soil making it unfit for agricultural purposes. The Supreme Court held
that such industries though are of vital importance to the country's
development but they cannot be allowed to destroy the ecology, degrade the
environment and pose a health hazard and cannot be permitted to continue their
operation unless they set up pollution control devices.
In
Vellore Citizen’s Welfare Forum v. Union
of India, Kuldip Singh J., who delivered the judgment on behalf of the
Court, held that while such industries are of vital importance for the
country’s progress as they generate foreign exchange and provides employment
avenues, but having regard to pollution caused by him, principle of
"Sustainable development" has ' to be adopted as a balancing concept
between ecology and development. His Lordship held that the "precautionary
principle” and the "Polluter Pays" Principle, are essential feature
of "sustainable development" and has to be adopted. Remediation of
the damaged environment is part of the process of sustainable development and
as such the polluter is liable to pay the cost to the individual sufferers as
well as the cost of reversing the damaged ecology. "The Precautionary
Principle" and the "Polluter Pays" principle the Court held,
have been accepted as part of the law of the land. Art. 21 of the Constitution
guarantee protection of life and personal liberty, Articles 47, 48A and 51A (g)
from the Constitutional mandate to protect and improve the environment. Apart
from the constitutional mandate there are number of legislations on the subject
which impose duty on the governments to precept ecology and environmental
pollution. 'The Court directed the closure of these industries unless they
install pollution control, devices. All the tanneries are required to obtain
the consent of the concerned Board for further operation with effect from Dec.
I5, 1996. The Court imposed pollution fine of Rs. 10,000 on each industries.
The money shall be deposited in the "Environmental Protection Fund"
and shall be utilized for compensating the affected persons and also for
restoring the damaged environment. The pollution fine shall be recovered as
arrears of land revenue. The tanneries which fail to deposit the amount shall
also be liable to the contempt of Court. The Court suggested for constituting a
Special Bench." "Green Bench" of the Madras High Court to deal
with these and other environmental cases as they are in better position to
monitor these matters.
On
the basis of the recommendations of High Powered Committee, Supreme Court had
passed an order on October 14, 2003.The legal principles on which the order is
based are:
1.
In order to achieve sustainable development, environmental protection
shall constitute an integral part of the development process and cannot be
considered in isolation from it.
2.
Environmental concerns have been placed at same pedestal as human rights
concerns, both being traced to Article 21 of the Constitution of India. The
rights to information and community participation for protection of environment
and human health are also rights which flow from Article 21. The Government and
authorities have thus to motivate the public participation. These well-shrined
principles have been kept in view by the Court while examining and determining
various aspect and facets of the problems in issue and the permissible remedies
3.
Applicability of the precautionary principle and polluter pays principle,
which are part of the concept of sustainable development, is to be ensured in
all decision making processes
At
the national level, each individual shall have appropriate access to
information concerning the environment that is held by public authorities,
including information on hazardous materials and activities in their
communities, and the opportunity to participate in decision making processes.
States shall facilitate and encourage public awareness and participation by
making information widely available. Effective access to judicial and
administrative proceedings, including redress and remedy, shall be
provided."
CHAPTER 6
Compliances
Ministry of Environment and Forests (MOEF)
The MOEF is the focal point in the Government of
India for all matters relating to the environment. The directions sought for by
the petitioner to which MOEF has agreed shall be implemented in letter and
spirit. Highlights of the order include certain compliances on the part of
Ministry of Environment and Forests (MOEF) and other ministries of the Central
Government, Central and State Pollution Control Boards and Pollution Control
Committees. The highlights and compliances are summarized as under:
Inter-sectoral coordination
The
implementation wherever it is to be done by the MOEF, should be done forthwith
and wherever it is required to be done by any other Ministry or Authority or
Agency, the Nodal Ministry/MOEF shall ensure that it be so implemented. As the
Nodal Ministry, its first and foremost responsibility is to ensure coordination
with all other Ministries that come into the picture. HPC discussions and
studies show that there are major roles that have to be played by other
Ministries as well.[7]
Consideration for zero import
of hazardous waste
The
import of 29 items has been prohibited under Schedule-8 of the HW Rules as
amended in May, 2003 while the Basel Convention has banned 76 items. The
Ministry of Environment and Forests is required to examine the remaining items.
It is implicit that if more items are banned, the corresponding Notification
shall be issued by the Central Government under Section 11 of the Customs Act[8].
The Court directs that, in addition to 29 items, the MOEF will take into
consideration what has been stated under heading 'A' (Imported Hazardous Waste
which need to be included in the HWM Rules and ban of other Wastes) in the
directions sought for by the petitioner on the basis of the recommendation of
HPC. Further, the Ministry should also examine the question of banning used
edible oil, cow dung, plastic scrap used PVC in any form, pet bottles etc.
which, though not covered by Basel Convention, have hazardous impacts in terms
of the HPC Report. According to the recommendations of HPC, these items also
deserve to be banned. The Ministry shall also examine any other item which may
have similar hazardous impact.
Disposal of illegally imported
wastes
By
order dated 5th May, 1997, the Court directed that no import would be made or
permitted by any authority or any person of any hazardous waste which is
already banned under the Basel Convention or to be banned hereafter with effect
from the date specified therein. The importers are directed to show cause why
the consignment in question shall not be ordered to be re-exported or destroyed
at their cost and why the amount spent on analysis in the laboratory (Rs.6.35
Lacs) be not recovered from them and why they should not be directed to make payment
of compensation of Polluter Pays Principles and other action taken against
them.
Research and development
initiatives
The
MOEF also has a responsibility to ensure that research and development is
conducted on scientific and technological aspects relating to this area. The
MOEF should also encourage industry and industrial associations to participate
in research, particularly related to their specific areas of activity e.g.
ETPs, CETPs, disposal facilities, clean and cleaner technologies, etc.
Sustainable development
initiatives
The
MOEF has to work closely with the Planning Commission in the area of
sustainable development. The need for development programs to increase
production, productivity and to create employment is well recognized. However,
this cannot be at the cost of present and the future in terms of quality of
life for society as a whole.
Testing Facility Creation
The
MOEF must be encouraged to make use of the vast technical capabilities that
exist in the country. This may be with CPCB, suitably strengthened and assigned
necessary responsibilities. In addition, the State Pollution Control Boards
must be equipped and staffed properly, as also laboratories coming under
various scientific agencies in the country and in the private sector. The MOEF
must ensure that adequate facilities are available at the gateway points in the
country (e.g. Ports, ICDs, Customs areas) to make the first level measurements
to aid decision-making; as also certified laboratories (whether these are in
the public or the private sector) which can provide reports that are
scientifically valid and credible. Increasingly, exports will have to be
environmentally compliant suitably labeled and certified.
Location of Industrial Sites
and Secured Landfills
The
MoEF would consider the suggestion of HPC regarding development of National
Policy for landfills sites. The suggestion is to the following effect:
In industrialized countries, the selection of sites for disposal facilities lies with the Government. In view of this, a national policy needs to be developed for locating such centralized/common TSDFs. The location of final disposal facilities should be based on the total quantity of hazardous waste generated in the individual State. For effective monitoring and an economically viable facility, it is important to locate a centralized facility within a distance of about 100 km. of the waste-generating units.
In industrialized countries, the selection of sites for disposal facilities lies with the Government. In view of this, a national policy needs to be developed for locating such centralized/common TSDFs. The location of final disposal facilities should be based on the total quantity of hazardous waste generated in the individual State. For effective monitoring and an economically viable facility, it is important to locate a centralized facility within a distance of about 100 km. of the waste-generating units.
National Policy Document on
Hazardous Waste
MoEF
is directed to either itself or through the CPCB or any other agency draft a
policy document on hazardous waste generation and its handling within the
country. While examining this aspect, the following recommendations of the HPC
would be kept in view:
The
policy document should emphasize a commitment to the recycling of wastes and
propose incentives for encouraging and supporting recycling. Industries must be
given a clear message that they must show concrete and tangible results as far
as prevention and reduction of wastes are concerned. If they do not, they
should be made to pay a waste generation tax. The policy document should
enunciate a doctrine of partnership between SPCBs, entrepreneur and other
stakeholders like the community, which will be involved in monitoring,
preventing and reducing hazardous waste generation.
CPCB,
SPCBs and PCCs
All
SPCBs/PCCs are required to implement the directions that may be issued by the
Ministry of Environment and Forests (MoEF). The SPCBs are directed to produce a
comprehensive report on illegal hazardous waste dump sites in their jurisdiction.
Reports should be based on inspection, assessment of the size of the dump site,
age, whether the dump site is passive or active and whether precautions have
been taken to prevent damage to the environment. The SPCBs will and PCCs also
take samples of the groundwater in the vicinity of the dump site at different
point and prepare a report on contamination of the groundwater, if any, and if
so, to what extent.
The SPCBs and PCCs are directed to draw up a plan with financial estimates for immediate measures that may be required to stop environmental damage. The CPCB shall issue guidelines to be followed by all concerned including SPCBs and PCCs and the operators of disposal sites for the proper functioning and upkeep of the said sites. Further, for effective implementation of the directions and to regulate the hazardous waste, it is necessary to strengthen the SPCBs and CPCB by providing them the requisite infrastructure and manpower so that they can issue the necessary guidelines to monitor the handling of hazardous wastes as suggested under Terms of Reference. The research done in this regard should be communicated by the CPCB to the SPCBs to form part of their decision-making process regarding absence of consents and authorizations. Implementation of Plastic Waste Recycling Rules,Battery
Waste
MOEF is directed to ensure compliance of "Recycled Plastics, Plastics Manufacture and Usage Rules, 1999 and the "Batteries Management and Handling Rules, 2001". The Ministry shall issue directions to all Public Sector Institutions not to openly auction their hazardous wastes but only to those who are registered units having Environmentally Sound Technologies (EST).
The SPCBs and PCCs are directed to draw up a plan with financial estimates for immediate measures that may be required to stop environmental damage. The CPCB shall issue guidelines to be followed by all concerned including SPCBs and PCCs and the operators of disposal sites for the proper functioning and upkeep of the said sites. Further, for effective implementation of the directions and to regulate the hazardous waste, it is necessary to strengthen the SPCBs and CPCB by providing them the requisite infrastructure and manpower so that they can issue the necessary guidelines to monitor the handling of hazardous wastes as suggested under Terms of Reference. The research done in this regard should be communicated by the CPCB to the SPCBs to form part of their decision-making process regarding absence of consents and authorizations. Implementation of Plastic Waste Recycling Rules,
MOEF is directed to ensure compliance of "Recycled Plastics, Plastics Manufacture and Usage Rules, 1999 and the "Batteries Management and Handling Rules, 2001". The Ministry shall issue directions to all Public Sector Institutions not to openly auction their hazardous wastes but only to those who are registered units having Environmentally Sound Technologies (EST).
Responsibilities
of Ministries of Labour and Industry
The
Court considered the suggestion of HPC under term of reference no. 4
relating to impact of hazardous waste on worker's health and directed the
Ministry of Labour and Ministry of Industry to constitute a special committee
to examine the matter and enumerate medical benefits which may be provided to
the workers having regard to the occupational hazard as also keeping in view
the question of health of the workers and the compensation which may have to be
paid to them. The Court directed the Ministry of Labour and Ministry of
Industry to constitute a special committee to examine the matter and enumerate
medical benefits which may be provided to the workers having regard to the
occupational hazard as also keeping in view the question of health of the
workers and the compensation which may have to be paid to them. The Committee
while examining the recommendations shall also keep in view the judgment of
this Court in Consumer Education and Research Centre Vs. Union
of India
Responsibilities
of the Central Government
The
Export and Import Policy (Exim Policy) issued from time to time, under the
Foreign Trade (Development and Regulations) Act, 1992, inter alia, sets out the
goods, import whereof is prohibited. We direct the Central Government that the
said policy shall also correspond with the Hazardous Waste Rules, as amended
from time to time, which means that if import of any item is prohibited under
Hazardous Waste Rules, it shall be reflected in the prevalent Exim Policy.
For
design and setting up of disposal facility as provided in Rule 8-A of HW (M&H) Rules, the
criteria for Hazardous Waste Landfills published by CPCB in February, 2001 and
the Manual for Design, Construction & Quality Control of Liners and Covers
for Hazardous Waste Landfills published in December 2002 shall be followed and
adhered to. 89 sites were identified out of which 30 were notified. Out of 30,
11 common landfills are ready and operational - one in Maharashtra, one in
Andhra Pradesh and nine in Gujarat and that some of these landfills are in
accordance with the Criteria and Manual afore said. The steps are being taken
to expedite the completion of the remaining landfills.
Under Article 9 the HPC has
recommended that in order to deter any transboundary movement of hazardous
wastes or other wastes, i.e. illegal traffic, the national/domestic legislation
shall be enacted/ amended appropriately to prevent and punish illegal traffic.
The Government is directed to examine the aspect and file a report.
CHAPTER7
Suggestions
Waste Avoidance and Waste Minimization
Given
the difficulties in handling of hazardous wastes and the serious adverse
impacts that result from improper management of such wastes, waste avoidance
and minimization gather added significance. Such an assessment of the avenues
for waste avoidance and minimization would naturally be industry-specific and
product-specific. On priority, it would be necessary to identify industry
sectors which continue to adopt out-dated and highly polluting technology
generating significant quantities of hazardous wastes. For example the paper
and pulp industry which continues with elemental chlorine based bleaching
whereas there has been a major shift the world over to elemental chlorine-free
bleaching. Similarly, the conversion of mercury cell based caustic soda
manufacturing to membrane cell process would need to be expedited. In the
petrochemicals, pesticides and dyes and dye intermediates sectors, product-wise
opportunities available for recovery of resources such as solvents, other
reagents and by-products as well as re-generation of spent catalysts have been
well documented. This exercise needs to be followed up by setting up dedicated
task forces under the guidance of concerned CSIR laboratories and such task forces could serve as an
inter-face between industry associations and CSIR laboratories to carry the work forward for actual
application in field conditions.
Recycling of Hazardous Waste
Recycling
of non-ferrous metallic wastes such as zinc dross, brans dross, used lead acid
batteries, copper oxide mill scale and used lubricating oil offer attractive
options for resource recovery in an environmentally sound and
techno-economically feasible manner.
At present, there are about 200 recyclers of non-ferrous metallic wastes/waste
oil who are registered under the HWM Rules.
Registrations have been granted based on their possessing facilities for
environmentally sound re-processing and suitable facilities for disposal of
wastes generated. However, but for a few exceptions, almost the entire
recycling takes place in the small scale sector. As such, there are serious
limitations on technology up gradation which would be necessary to ensure that
re-processing is done as per guidelines evolved by the Basel Convention.
Despite the registration scheme for recyclers, the menace of recycling in the
unorganized sector with all its attendant environmental and health hazards
still continues. This underscores the importance of channelisation of wastes
generated. While the Battery
Rules, 2000 mandate return
of used lead acid batteries, compliance remains unsatisfactory. It would be
necessary to look into the causes thereof and devise suitable economic
incentives such as advance recycling tax which is suitably structured to
provide adequate incentive for the battery users to return used batteries to authorized
dealers. Simultaneously, an organized drive would be necessary to break the
nexus between scrap dealers, backyard smelters and those engaged in battery
re-conditioning.
At present, there are no re-processing facilities in the country to recover toxic
metals such as mercury from thermometers, tube-lights and cadmium from
batteries, etc.
Safe disposal of Hazardous Waste Generated
Another
option is to dispose of the hazardous waste safely. Depending on the waste
category, land disposal or incineration could be adopted. Design and operation
of such facilities, either captive or common need to strictly adhere to the
guidelines. Supervision of such facilities during construction stage is of
paramount importance.
Setting up of Common Facilities
1.
The integrated facility as indicated above should have a Zone of coverage of
200 kms radius from the facility.
2.
This facility should be located close to the major waste generation area.
3. Beyond the Zone of coverage (where transport cost plays a major role),
smaller facilities (satellite facility) comprising only of a secured landfill
including waste stabilization / solidification facility, laboratory capable of
Finger Printing Analysis, Mechanized Transportation and Handling of Wastes and
a transfer station should be established, where feasible.
4.
These facilities should be linked with the integrated facility of the State for
comprehensive analysis of wastes, storage of intractable wastes, incineration
and such other services.
5.
These transfer stations cum landfill facilities should be atleast 300 kms from
each other and the integrated facility.
6.
All liability for these facilities shall also rest with the integrated waste
management facility.
7.
After the first integrated facility reaches satisfactory level of capacity
utilization (50% of estimated waste) further integrated facilities can be
planned.
8. New bio-medical waste treatment facilities, both common and individual,
should not be allowed within forty kms. of an integrated facility since bio-medical
wastes can also be handled at the integrated facilities.
Use of Cement Kilns for HW incineration
Incineration
of high calorific value hazardous wastes in cement kilns is a safe alternative
to conventional disposal in dedicated waste incinerators. In the cement kilns,
the high flame temperature of around 20000C and high material temperature of
around 14000C and large residence time of around 4-5 seconds ensure complete
combustion of all organic compounds. Acid gases formed during combustion are
neutralized by the alkaline raw material. The non-combustible residue including
heavy metals gets incorporated into clinker in an irreversible manner. The spread
of cement industry in India
Illegal Dumpsites and remediation
In
the absence of common facilities, illegal and clandestine dumping of Hazardous
Waste has been reported in many States. Even after waste disposal facilities
have become operational in some States, the problem persists since illegal
dumping helps avoid costs of transportation and disposal. To prevent the
problem from growing out of proportions, surveillance, especially during night
hours, both by enforcement agencies as well as industry associations should be
made effective.[11]
Environmental
Courts and Specialist Judges
The handling of cases related to hazardous waste and
environment require establishment of Environmental Courts administered by
specialist judges having sensitivity towards environment, hazardous waste
management and sustainable development, so that it may help the speedy and
required justice in environmental cases and the international commitments of India
related to Sustainable Development may be met.
CHAPTER 8
Conclusion
The industry driven economy
of India has resulted in hazardous waste problems, which are difficult to
manage in an environmentally friendly manner. The non-enforcement of 'Polluter
Pays' principle, continuation of import of hazardous wastes despite the ban,
absence of proper infrastructure viz. centralized disposal facilities and lack
of technical and financial resources have led to the unscientific disposal of
hazardous wastes posing serious threat to human, animal and plant life. A High
Power Committee (HPC) on hazardous waste management, constituted by the Hon'ble
Supreme Court of India in 1997, made similar observation and conclude that the
hazardous wastes situation in India
is fairly grim. Thus, there is an urgent need for formulating proper hazardous
waste management strategies, implementation of hazardous wastes management
regulations and establishment of proper hazardous waste treatment and disposal
facilities (HWTDF) for controlling the unscientific disposal of hazardous
wastes This is now being done in accordance with the order of the Supreme Court
which was issued on October 14, 2003 under the supervision of the Supreme Court
Monitoring Committee.
In an ideal
world there would be no such thing as waste, merely useful raw materials for
recycling. The reality is of course rather different. Whilst some materials are
well suited to recycling, many are not. For those that are suitable for recycling,
some kind of segregation at the level of the householder is needed, but this in
many countries is not provided. The result is a heavily mixed waste which is
most cheaply disposed by tipping in the nearest landfill, which is probably the
least environmentally sound option. Recycling such mixed waste involves segregation
processes which carry health risks to workers and most probably also to the
general public outside of the plant. Even after segregation, there are major waste
streams requiring composting, combustion or landfill, all of which carry their
own environmental risks.
.
Bibliography
BOOKS and COMMENTARIES
·
Constitutional
Law of India
·
Environmental Jurisprudence- Polluter’s Liability by Indrajit Dubey 1st Edition
·
Environmental Law in India
·
Environmental Law and Policy in
India-Cases, Materials and Statutes by Shyam Diwan and Armin Rosencranz, 2nd
Edition
·
Environmental
Law by Dr. J. J. R. Upadhyaya
List of
Statutes Referred
Rules:
·
Hazardous
Wastes
(Management and Handling)
Rules, 1989 [amended in 2006].
·
Bio-Medical
Wastes (Management and Handling) Rules, 1998
·
Manufacture,
Storage, Import of Hazardous Chemicals Rules, 1989
·
Chemical
Accidents (Emergency Planning, Preparedness and Response) Rules, 1996
·
Manufacture
Use, Import Export & Storage of Hazardous Micro Organisms Rules, 1989
·
Municipal
Solid Waste (Management and Handling) Rules, 2000
Enactments:
·
Environment (Protection) Act, 1986
·
Water (Prevention and Control of Pollution) Act, 1974
·
Air
(Prevention and Control of Pollution) Act, 1981
·
Factories (Amendment) Act, 1987
·
Public Liability Insurance Act, 1991
·
National Environment Tribunal Act, 1995
·
Motor Vehicles Act, 1988
·
The
Bhopal
[1] Article 48-A of the Constitution comes under Directive
Principles of State Policy.
[3] In order to encourage the effective implementation of
these rules, the MOEF has further brought out the Guidelines for HW (M & H)
Rules in 1991.
[4] Decisions were taken at
the United Nations Conference on the Human Environment held in Stockholm
in June 1972, in which India
[5] The Hon'ble
Supreme Court of India vide its order dated 14 October 2003 in the matter of
Writ Petition (Civil) No. 657 of 1995 filed by the Research Foundation for
Science, Technology and Natural Resource Policy Vs Union of India and Others,
inter-alia, directed the Central Government to constitute a Monitoring
Committee to oversee timely compliance of its directions given in the said Writ
Petition.
[6]
Research Foundation for Science, Technology and Natural Resource Policy
Vs Union of India and others(1995)
[7]
For example:
·
All imported goods have to pass
through Customs, which comes under the Ministry of Finance.
·
All matters relating to imports
and exports are handled by the Ministry of Commerce under whom the Director
General of Foreign Trade( DGFT) and Director General of Commercial Intelligence
(DGCIS), both located in Calcutta, operate.
·
The need for employment
generation, and consequently, matters relating to labour and industrial policy,
industrial safety, occupations health hazards, compensation for
disability/death are all matters dealt with by the Ministry of Labour.
·
A significant part of
environmental pollution relates to water (both surface water and, particularly,
groundwater); the Ministry of Water Resources is clearly involved.
·
Toxicological aspects of
hazardous wastes like heavy metals, hormone disrupting chemicals and such other
issues have to be dealt with by the Ministry of Health. Major research facility
that comes under it is the Indian Council of Medical Research. Council of
Scientific and Industrial Research (CSIR) and the Department of Biotechnology,
on the other hand, comes under the Ministry of Science and Technology.
·
Ministry of Petroleum and Natural
Gas is involved in respect of the oil sector while the Ministries of Railways,
Defence and Surface Transport deal with matters relating to large scale use of
battery systems and their disposal.
·
Ministry of Law is to be
interacted on matters that relate to legislation, and extensively with the
State Government in relation to implementation of laws, rules and regulations,
and guidelines at grassroots level.
[8] Section
11 of the Customs Act, 1962 empowers
the Central Government to prohibit either absolutely or subject to such
conditions as may be specified in Notification the import and export of the
goods if satisfied that it is necessary so to do for any of the purposes stated
in sub-section (2).
[9] [1995 (3) SCC 42]
[10]
That about 250 cement works in Europe utilize about
3 million tons of hazardous wastes indicates the potential that this option
holds for India given that in India we have over 200 cement kilns and the
incinerable hazardous wastes generated is only about 0.2 MTs.
[11]
In cases where it becomes impossible to track down
the polluters, a dedicated fund needs to be created at the State level to which
mandatory contributions from all producers of hazardous wastes could be
prescribed. The problem of hazardous wastes and chemicals lying in units which
have been closed should also be tackled strictly based on the 'Polluter-Pays'
Principle.
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