13 Control of Hazardous Waste

Manoj Kumar Sharma

epgp books

 

 

Control of Hazardous Waste

 

Rapid industrialization has led to increase in number of goods being manufactured, generation of employment opportunities, growth of infrastructure and eventually economic development of countries across the globe. Scientific advancements, technological developments and increasing industrialization has also led to increased manufacture and use of chemicals. It has certainly resulted in economic and social development and increase in consumer comfort. However, as is said that everything comes at a cost, the same is true of industrialization. Increasing industrialization and manufacture of chemicals and chemical by-products have created increasing waste which is hazardous to human beings, environment, animals and other living organisms. Needless to say, it has also increased the risk to life, property and environment by enhancing the risk of major industrial accidents viz., Chernobyl Disaster, Bhopal Gas Tragedy, Fukushima Disaster etc.

 

Hazardous wastes generated by modern day industries and households have become a global problem and it calls for effective and efficient disposal of hazardous wastes. Hazardous waste (including but not limited to nuclear and petroleum fuel by-products, various synthetic compounds, dangerous micro-organisms, explosives, lead, arsenic, mercury etc) can be disposed off by various ways including incineration, dumping at sea or land disposal. It requires identification of land fillable sites across the country and the formulation of policies aimed at regulating and controlling the disposal of hazardous wastes because if left uncontrolled, hazardous wastes can have disastrous consequences ranging from minor health hazards to death of living beings.

Learning Outcomes

In this module, reader shall be apprised about legal policy, regulatory and administrative framework regarding control over generation and disposal of hazardous wastes. The discussion will be grouped under the following sub topics:

  • Introductory
  • Legal Framework
    •  Regarding Hazardous Processes
    • Hazardous Wastes
  • Judicial Decisions
  • Conclusions and Summary

Legal Framework

 

As per Annual Report 2014-15 of CPCB, there are about 42429 industries in India which generate about 7.80 million tonnes of hazardous waste annually. The hazardous wastes are categorized into three categories viz., land-fillable (3.37 million tonnes), recyclable (3.82 million tonnes), and incinerable (0.61 million tonnes). There are 38 Treatment, Storage and Disposal Facilities in 17 States (CPCB, Annual Report).

Keeping in view the threat posed by hazardous waste, nations across the globe have used legal measures to control, manage and regulate the generation and disposal of hazardous waste. Radioactive Substances Act, 1960; Nuclear Installations Act, 1970 Radioactive Protection Act, 1970 enacted by British Parliament are examples of this. India has also enacted various laws which deal with hazardous wastes and substances, directly or indirectly. These include:

  • Indian Petroleum Act, 1934
  • Factories Act, 1948
  • Inflammable Substances Act, 1952
  • Atomic Energy Act, 1962
  • Insecticides Act, 1968 Indian Boilers Act, 1923
  • Environment Protection Act, 1986
  • Public Liability Insurance Act, 1991

This apart, various provisions are contained in other laws like Indian Penal Code, 1860; Code of Civil Procedure, 1908; Code of Criminal Procedure, 1973. These laws and rules framed thereunder deal with hazardous substances, location of industries dealing with hazardous substances, manufacture, transportation, import, export and disposal of hazardous, solid, plastic, bio-medical and e-waste. The Indian approach in dealing with industries using and manufacturing hazardous substances and generating hazardous waste consists of regulating and controlling the location and establishment of such industries, providing for safety of workers and population living in the vicinity; liability of the owner/occupier of such industry in case of an accident; enacting various rules regarding disposal of hazardous, solid, plastic, bio-medical, e-waste and; regulating their implementation by use of various methods including use of sanctions against the defaulters.

 

Legal Framework relating to Hazardous Processes

UN Conference on Human Environment held in Stockholm in June 1972 is watershed in international environmental law and Indian environmental law and jurisprudence. Showing its commitment towards Stockholm declaration, Indian nation initiated various legislative measures to control, combat, prevent and abate environmental pollution. Apart from enacting Water Act, 1974 and Air Act, 1981, India enacted Environment Pollution Act, 1986 to deal with increasing menace of environmental pollution. Not only this, existing laws like Factories Act, 1948 etc were amended to achieve this objective of controlling and combating environmental pollution.

 

Factories Act, 1948

The Factories Act, 1948, as amended vide Factories (Amendment) Act, 1987 in view of Bhopal Gas tragedy, contains Chapter IVA which deals with provisions relating to hazardous processes. Though, Factories Act deals with provisions relating to health, safety and benefits to workers and liabilities of owner/occupier in case of accidents etc, yet Bhopal Gas tragedy compelled, the Union government to insert the provisions relating to location of industries involving hazardous processes.

Factories Act, 1948 defines ‘hazardous process’ to mean any process or activity in relation to specified industries (specified in First schedule appended to Factories Act, 1948 as inserted by Amendment Act of 1987) wherein either the raw materials, bye-products or wastes would be detrimental to the health of the workers or are likely to cause pollution, unless special care is taken {Section 2(cb)}. Thus, the definition of hazardous process includes within it, hazardous waste thereby making it obligatory to take special care in the disposal of such waste. As such, the establishment of industries likely to generate hazardous waste would require the sanction of the government and the provisions contained in Chapter IVA of the Factories Act, 1948 would be attracted.

Section 41A empowers the State Government to constitute Site Appraisal Committee. Site Appraisal Committee shall include Chief Inspector of the State as its Chairman, members of CPCB, SPCB, Representative of State Department of Environment, Representative of Meteorological Department of India, Expert in the field of occupational health and representatives of State Town Planning Department. Committee shall also include a scientist having specialised knowledge regarding hazardous process, a representative of local authority and three other persons to be nominated by State government.

The Committee is to advise the State government regarding the location of new industries involving hazardous process and also to advise when an already established industry seeks expansion. Site Appraisal Committee is required to submit its recommendation within 90 days. With a view to have co-ordinated approach, if approval is taken under Section 41A, further consent under Water Act or Air Act is not required. In case of already existing factories (as on the date of commencement of amendments of 1987) involving hazardous processes, they are required to inform the Chief Inspector within a period of 30 days. In case of non-disclosure, the licence of the factory can be cancelled {Section 41 B(5) and 41B(6)}.

Section 41B casts an obligation on the occupier of the factory involving hazardous process to compulsorily disclose the information pertaining to health hazards to workers and to general public living in the vicinity due to exposure or handling of substances or in the manufacture, storage, transportation etc of such substances and measures to overcome such hazards. Such information is required to be disclosed to Chief Inspector, Local Authority, workers and general public. In addition, the occupier is duty bound to disclose the information as to the quantity and specifications of waste generated and the manner of their disposal {Section 41B(3)} and the measures for handling, usage, transportation etc. inside the factory and outside.

In order to find out the effects of hazardous process including hazardous waste, Factories Act, casts specific responsibility upon the Occupier to make arrangement for medical examination of the workers involved in handling such hazardous substances at the beginning of such assignment, at the end and at regular intervals (Section 41C). In addition, Factories Act empowers the Government to prescribe the maximum permissible limits of exposure to hazardous and other chemicals and substances. These are specified in Second Schedule of the Factories Act (Section 41F).

 

Legal and Regulatory Framework Regarding Hazardous Wastes

Apart from Factories Act, provisions relating to management, regulation and control of hazardous waste are contained in various legislations and in subordinate legislations. A brief list is given hereunder:

  • Atomic Energy (Working of the Mines, Minerals and Handling of the Prescribed Substances) Rules, 1984
  • Environment Protection Act, 1986
  • Atomic Energy (Safe Disposal of Radioactive Wastes) Rules, 1987
  • The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989
  • The Manufacture, Use, Import, Export and Storage of Hazardous Micro-Organisms/Genetically Engineered Organisms or Cells Rules, 1989
  • The Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996 Atomic Energy (Factories) Rules, 1996
  • Ozone Depleting Substances (Regulation and Control) Rules, 2000 Batteries (Management and Handling) Rules, 2001
  • Atomic Energy (Radiation Protection) Rules, 2004
  • Atomic Energy (Radiation Processing of Food and Allied Products) Rules, 2012 Bio-Medical Waste Management Rules, 2016
  • Solid Waste Management Rules, 2016 E-Waste (Management) Rules, 2016
  • Plastic Waste Management Rules, 2016

Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 Construction and Demolition Waste Management Rules, 2016

In this module, we shall be referring to Environment Protection Act; Atomic Energy (Safe Disposal of Radioactive Waste) Rules, 1987; The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989; Batteries (Management and Handling) Rules, 2001 and; Construction and Demolition Waste Management Rules, 2016 since Plastic Waste, E-Waste, Bio-Medical Waste, Solid Waste, Hazardous Wastes Transboudary Movement and Genetically Engineered Cells Rules are discussed separately in details in other modules of this Course.

Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016

Union government has notified Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 in suppression of Rules of 2008. These rules constitute the basic law dealing with control of hazardous waste. However, since these rules are discussed in details in a separate module therefore, these are discussed in brief here for the sake of convenience only.

Rules define ‘hazardous waste’ as any waste which by reason of characteristics such as physical, chemical, biological, reactive, toxic, flammable, explosive or corrosive, causes danger or is likely to cause danger to health or environment, whether alone or in contact with other wastes or substances. Hazardous wastes include the wastes specified in Schedule I, wastes having equal to or more than the concentration limits specified in Schedule II or which possess characteristics specified in Class C of Schedule II. For the purposes of export or import of hazardous wastes, these shall also include wastes specified in Schedule III, Part A.

Rules provide for the management of hazardous and other wastes including the transboundary movement of hazardous and other wastes. These rules have replaced 2008 rules. These new rules are expected to ensure resource recovery and disposal of hazardous waste in environment friendly and industry friendly manner. These rules are in conformity with the goals of sustainable development. These rules have for the first time distinguished between hazardous wastes and other wastes. Rules detail the responsibilities of the occupier for safe and environment friendly disposal of wastes and for obtaining authorisation by a person who is engaged in storage, treatment, processing, use, transportation of hazardous wastes.

Under the rules, hazardous waste can be disposed of at Captive Treatment, storage and disposal facility i.e. the facility developed within the premises of an occupier for treatment, storage and disposal of wastes generated during manufacture, processing, treatment, package, storage, use, collection, transportation, conversion, destruction, transfer or offering for sale. These wastes can also be disposed at Common Hazardous Waste Treatment and Storage facility. New rules emphasise that hazardous waste like lead acid battery scarps, used oil, waste oil, spent catalysts etc can be used as raw material by certain industries involved in recycling instead of being disposed through landfills or incineration. Rules emphasise that there is need for systematic and scientific disposal of hazardous wastes in an environmentally sound manner so as to prevent contamination of water, land and to prevent degradation of environment and health hazards. Accordingly, various duties have been cast upon the State Government including the following:

 

  • To set up or allocate industrial space or sheds for recycling, pre-processing and other utilization of hazardous or other waste
  • To undertake industrial skill development activities and ensure safety and health of workers
  • To register the workers involved in recycling, pre-processing and other utilization activities

The rules provide in Schedules the list of processes generating hazardous wastes, list of waste constituents including concentration limits etc. Rules also prohibit the import of waste edible fats and oil of animals, household waste, tyres for direct re-use purposes, chemical wastes in solvent form, solid plastic wastes including pet-bottles, waste electrical and electronic assembly parts.

Atomic Energy (Safe Disposal of Radioactive Wastes) Rules, 1987

In pursuance of powers conferred under the Atomic Energy Act, 1962, Union Government enacted Atomic Energy (Safe Disposal of Radioactive Wastes) Rules, 1987. These rules aim at regulating and controlling disposal of radioactive wastes and provide for institutional control of radioactive wastes so that there is no unauthorised contact of human beings with radioactive wastes.

Rules prohibit disposal of radioactive wastes unless the person disposing of radioactive wastes has obtained an authorisation from the competent authority (Rule 3). Any disposal in contravention of the terms and conditions prescribed in the authorisation certificate or at locations other than prescribed for disposal is prohibited under the Rules. Accordingly, an application for obtaining authorisation is required to be filed before an officer appointed by the Central Government in Form I. The application shall atleast contain the following particulars

  • Details of process, material and equipment generating radioactive waste
  • Details of equipments and systems installed in the premises for controlling radioactive wastes and for reducing their release into the environment
  • Processes and equipments employed by the installation for conditioning, treatment and disposal of radioactive wastes
  • Detail of staff employed for the purpose
  • Estimated annual releases, discharges and leakages of radioactive wastes from the repositories (i.e. underground geological formation or overground vault in which waste may be emplaced for disposal) and analysis of their impact on environment
  • An analysis of potential accidents which may occur and the detail of design features and other monitoring equipment to control the release of radioactivity in case of accidents
  • Detail of safety devices to contain radioactive effluents and to control their release to unrestricted areas and to keep these releases as low as reasonably achievable
  • The environment around the installation
  • Procedures to be followed for safe collection of radioactive wastes
  • Estimated annual quantities of each principle radionuclides expected to be released in the environment in solid, liquid or gaseous form
  • Design features of surveillance equipment for monitoring the release of activity in normal times as well as in case of an accident (Rule 4)

If the application is in order and the authority or officer appointed by the Central Government is satisfied, then the authorisation shall be issued containing the details as to the mode of disposal of radioactive wastes, the places specified for the purpose, the quantity of radioactive waste authorised to dispose off and other terms and conditions.

Disposal of radioactive wastes in contravention of the authorisation or in excess of the quantities prescribed or at a place other than the prescribed is prohibited by rules.

Every person who has obtained an authorisation for disposal of radioactive wastes is required to ensure that the disposal is in compliance with the authorisation and that all the requirements of Radiation Protection Rules are complied with. The installation is required to appoint a Radiological Safety Officer with the approval of the government officer/competent authority (Rule12). Authorised person is required to maintain records of waste disposal in the prescribed form (Form III) containing the following particulars

  • Description, quantity, physical state, chemical characteristics and date of disposal of each consignment of radioactive waste
  • Mode of disposal
  • Concentration of radioactive material in the waste disposed of and site of disposal
  • Names of workers associated with disposal of radioactive waste
  • Name of Radiological Safety Officer associated with disposal of radioactive waste
  • Details and data on periodic radiation surveillance in and around the site of disposal of radioactive waste
  • Other information as may be required by the Competent authority

Authorised person is required to submit quarterly reports, to ensure that no activity/operation is carried out which is likely to result in a more hazardous accident than that anticipated in the application (Rule 6). Person who has obtained authorisation is required to make adequate arrangements to ensure that only the essential staff remains in the restricted area and to make arrangements for preventing the entry of members of public in the restricted areas. The authorised person can not decommission or close radioactive waste disposal installation unless he has obtained permission for the same from the competent authority (Rule 11).

 

Radiological Safety Officer (RSO) plays an important role in preventing and controlling the radioactive waste. The main task of RSO is to advise the employer regarding safe handling and disposal of radioactive wastes. He is required to guide and instruct the workers engaged in disposal of radioactive waste regarding safety measures, hazards of excessive exposure, work ethics and practices and measures to prevent contamination. He is required to ensure that the buildings, plants, laboratories used for disposal, storage, conditioning etc are designed in a manner to ensure safe handling and disposal of radioactive waste. His duties extend to examination of safety and other radiation protection equipments so that they are kept in proper condition. He is required to report all hazardous situations and accidental releases of radioactive wastes immediately to the employer and competent authority and to ensure that immediate remedial measures are taken (Rule 13).

 

Rules make special provisions for Hospitals and Tracer Research Laboratories using small amounts of radioisotopes of very short effective life in medical practice. Such institutions are required to obtain authorisation by filing an application in form V for disposal of radioactive waste. Such institutions can dispose of readily soluble radioactive waste or radioactive waste dispersible in water by release into Sanitary Sewerage System provided the gross quantity of radioactive material released into sewerage system does not exceed 37GBq per annum. The limits are prescribed in Table I for such disposal. Such institutions can dispose of solid radioactive waste by burial into pits prepared in an exclusive burial ground provided the limits specified in Table II is not exceeded and other conditions regarding safety e.g. fencing of such areas, prevention of unauthorised entry, depth of pit, the gap between successive pits etc. are satisfied. Such hospitals and tracer laboratories can also be permitted to dispose of radioactive waste by incineration, if the conditions laid down in the authorisation certificate are complied with.

 

Competent authority has the power to authorise inspection of premises to ensure compliance with the authorisation terms and conditions and the rules. For the purpose, they can inspect the installation, the equipments and conduct such tests and other acts as may be required for the purpose. Competent authority may also suspend or cancel an authorisation, if the conditions of authorisation are not complied with. In the meantime, while the authorisation is suspended or cancelled, they can direct the authorised person, whose authorisation has been cancelled/suspended, to take all steps for safe storage of radioactive waste. Competent authority can also ask for records from the authorised person.

 

The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989

By virtue of the powers conferred upon the Union Government under sections 6, 8 and 25 of the Environment Protection Act, 1986, Central Government has framed The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989. These rules do not define hazardous chemicals rather a list of chemicals considered to be hazardous is given in various schedules (Section 2). Schedule I, details various chemicals having acute toxicity value and which are capable of producing major hazards owing to their physical, chemical and other properties.

 

The list of concerned authorities with their prescribed functions has been given in Schedule V of the Rules. List includes Ministry of Environment and Forests, Chief Controller Imports and Exports, Central and State Pollution Control Boards, Chief Inspectors of Factories, Chief Inspector of Dock Safety, Chief Inspector of Mines, Atomic Energy Regulatory Board, Chief Controller of Explosives, District Collector or District Emergency Authority, Directorate of Explosives Safety, Defence Research and development Organisation and Ministry of Defence (Schedule 5, Column 2). In case of a major accident, occupier needs to notify the concerned authority and submit a report regarding accident in the installations. The concerned authority in turn will examine the place and submit a report of its analysis to the Ministry of Environment and Forest through apposite channel (Rule 5). Before undertaking any industrial activity as prescribed under the Schedule, occupier needs to submit a detailed report containing particulars as may be specified under Schedule VII atleast three months prior to the commencement (Rule 7). Occupier also needs to submit a safety report containing particulars as specified under Schedule VIII atleast ninety days prior to the commencement of any industrial activity (Rule 10). The authority may also call for additional information in case a safety report has been submitted and extend the time as it may deem fit (Rule 12). An on- site emergency plan needs to be prepared and submitted atleast ninety days prior to the commencement of industrial activity. In this plan occupier details about how the major accident situation will be dealt with, name of person authorised for safety and also names of persons authorised to take actions as per emergency plan. In case there is any modification in industrial activity, relevant changes have to be made in the on-site emergency plan as well. Such changes shall be intimated to the persons likely to get affected by it (Rule 13). Under the Rules, concerned authority needs to prepare an offsite emergency plan in consultation with the occupier or such other person as it may deem fit. Plan needs to be prepared in case of new industry before commencement of business activity and in case of existing industry within six months (Rule 14). In case of import of hazardous chemicals, person responsible for importing such chemicals shall intimate the concerned authority about the same at the time of import or within thirty days of the import. The information containing intimation of import shall include name and address of person receiving consignment in India, port of entry in India and complete product safety information etc. If the concerned authority opines that import of any such chemical may cause major accident, it may issue orders for stoppage of import of any such chemical, order containing directions to port authorities for safe handling of any such chemical or any other order as it may deem necessary to prevent the risk of major accident (Rule 18). Central Government has been entrusted with powers to make necessary modifications in the Schedules as it may deem necessary (Rule 20).

Batteries (Management and Handling) Rules, 2001

 

In pursuance of the powers conferred under the Environment Protection Act, 1986, Batteries (Management and Handling) Rules 2001 have been notified by the Union Government. Battery means lead acid battery which is a source of electrical energy and contains lead fuel. These rules provide for the management and handling of used lead acid batteries. Accordingly, rules impose responsibilities upon dealer, importer, recycler, manufacturer, assembler, re-conditioner, consumer, bulk consumer and auctioneer of lead acid batteries. Rules impose an obligation on importers and recyclers for registration. Manufacturer, Importer, assembler, dealer and re-conditioner are required to ensure that used batteries are collected back against new batteries sold and that the batteries collected are of similar type and specification as the batteries sold. Manufacturer, assembler, dealer, importer, re-conditioner are bound to ensure safe transportation and that no damage to the environment occurs during their transportation and to create public awareness regarding the hazards of lead and the responsibility of consumers to return their used batteries. Manufacturer, re-conditioner, importer and assembler can buy recycled lead only from registered recyclers. They are also required to file their half yearly returns of sales and buy back to SPCB. Dealer is required to file half yearly return to the manufacturer. Consumers and bulk consumer (i.e. Central or State Government departments of Railways, Defence, Telecom, Posts & Telegraph, State Road Transport Undertakings, State Electricity Boards etc) are also made responsible to ensure that used batteries are deposited with dealer/manufacturer/registered recycler/re-conditioner/designated collection centre and not in any other manner. Auctioneer of used lead batteries is also required to ensure that used batteries are auctioned only to registered recyclers.

 

Construction and Demolition Waste Management Rules, 2016

 

Central Government has in exercise of powers conferred by Environment Protection Act, 1986 under sections 6 and 25 promulgated Construction and Demolition Waste Management Rules, 2016 by publication in the official gazette dated 29th March 2016. These rules provide for responsibility of waste generators, responsibility of stakeholders, and for segregation, recovery, reuse, recycle at source and management of construction and demolition waste. These rules are in suppression of Municipal Solid Waste (Management and Handling) Rules.

 

Rules provide the responsibilities of Waste Generator. Waste generator means any person, institution, residential and commercial establishments including Indian railways, Airport, Port, Harbour and Defence establishments who undertake construction or demolition of any civil structure which generate construction and demolition waste (Rule 3j). Rules cast a duty upon Waste Generator who generate 20 or more tones of waste in a day or 300 tons per project in a month regarding collection and segregation of concrete, soil, steel, wood and plastics, bricks and mortar. The generator has to ensure that these wastes do not get mixed with other solid wastes and these are disposed separately (Rule 4). Such Waste Generator is required to obtain prior authorisation before starting construction, demolition, remodelling work and submit a plan for waste management. The waste generated is required to be kept either in the premises or be handed over to the authorised processing facility and he is to ensure that there is no littering or obstruction to traffic or to public or drains.

Duties are also imposed on service providers (Service Providers means authorities who provide services like water, sewerage, electricity, telephone, roads, drainage etc and often generate construction and demolition waste during activities including excavation, demolition and civil work). Service Providers are required to prepare a comprehensive waste management plan. They are required to remove and clean construction and demolition waste and clean the area every day. Duties have also been cast upon Local Authority including duty of safe disposal of construction and demolition waste contaminated with industrial hazardous or toxic material or nuclear waste. Local authorities are required to issue detailed instructions with regard to proper management of construction and demolition waste within its jurisdiction. Local authorities are required to identify site for storage, processing or recycling of construction and demolition waste.

Duties are cast upon State Pollution Control Boards regarding preparation of annual reports and submit the same to Central Pollution Control Board and for grant of authorisation to construction and demolition facility.

 

Judicial Decisions

 

Indian judiciary has played a proactive role in protection of environment and in developing environmental jurisprudence and has delivered various landmark decisions. Of these, we shall be discussing two decisions on the issue pertaining to hazardous wastes.

 

 

In Research Foundation for Science, Technology and Natural Resource Policy (Supreme Court, 2012), the Supreme Court was called upon to direct the Union government to ban import of all toxic/hazardous wastes and to amend the hazardous waste rules in conformity with BASEL convention. The attention of the court was drawn to the fact that India has become a dumping ground of toxic/hazardous wastes which were being imported under the garb of recycling despite the fact that these wastes are hazardous to environment and people. The petitioner claimed that the permissions granted by Ministry of Environment and Forests for import of these wastes under the garb of recycling is against BASEL Convention to which India is signatory and is also contrary to Article 21 of the Constitution. States, Union Territories and respective SPCBs were directed to file their affidavits. The Court found that the States and SPCBs were not appreciating the gravity of the matter and accordingly Court appointed a High Powered Committee vide its decision dated 13th October 1997 and referred 14 issues to the Committee under the chairmanship of Prof. M.G.K. Menon. On the report of the Committee, the court directed the proper implementation of Hazardous Waste Rules, Batteries (Management and Handling) Rules, Plastic Waste Rules etc. The issue of disappearance of hazardous oil from the authorised depots or ports was also taken up by the Court and court directed the Central government to initiate enquiry into the matter and to track the illegal import of hazardous chemicals. The court also directed CPCB to prepare national inventory of hazardous wastes dumping sites and framework for their rehabilitation. Court banned the import of all hazardous wastes which were banned under BASEL Convention.

In Research Foundation for Science, Technology and Natural Resource Policy v. Union of India (Supreme Court, 2015), the Supreme Court dealt with the pollution caused by the activity of ship dismantling and the wastes generated thereby. The court ordered strict compliance with BASEL Convention and central government norms regarding disposal of hazardous and toxic wastes.

 

In Indian Council for Enviro Legal Action case (Supreme Court 1996), the attention of the Court was drawn towards pollution caused by industries by discharge of hazardous wastes generated in the production of ‘H’ acid. The court noted that the production of ‘H’ acid by the respondent industries led to generation of highly toxic sludge (iron based and gypsum based sludge). These untreated wastes were allowed to flow out freely in the open and around the complex and therefore, they had percolated deep in to the bowels of the earth polluting the aquifers and sub-terrain supply of water. The water in the wells and the streams had turned dark and dirty rendering it unfit for human and cattle consumption and also unfit for irrigation. The soil was rendered unfit for cultivation. The Supreme Court found these allegations to be true and found that arrangements have not been made by the respondent industries for treatment of highly toxic waste and water flowing from sulphuric acid plant.

 

Around 350 hectare area was found to be seriously contaminated. Court applied ‘Polluter Pays Principle’ and directed respondent industries to bear the cost of remedial measures and to compensate for the damage caused. The court ordered closure of such industries and further ordered that in future such industries should not be permitted unless all environment related aspects are taken into consideration.

 

Conclusion

 

From the foregoing discussion, it is clear that various waste management rules have been enacted including hazardous waste management rules. These rules have been re-cast in 2016 to give them more teeth and make them meaningful in dealing with generation, control and management of hazardous waste. However, despite the enactment of these rules, the hazardous waste is still littered here and there causing health hazards and also polluting soil, water and other natural resources making them unfit for human and animal use.

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