Neetu B. Shambharkar
LL.M (Environmental Law), Gold Medalist in LL.B & LL.M, NET
Post Graduate Teaching Department of Law, Nagpur
This article examines the critical concept of waste management in the context of India's burgeoning population and urbanization. The crux of waste management lies in adopting a comprehensive approach encompassing reduction, processing, recycling, and reuse. Given the escalating challenges posed by increasing waste production, particularly in the context of health and environmental risks, effective waste management emerges as indispensable for safeguarding public health and environmental sustainability.
INTRODUCTION
Waste refers to unwanted or unusable materials or toxins, things which are useless, defective or of no use and are discarded after primary use.
The fundamental objective of waste management is to reduce the amount of waste and to manage whatever waste is generated by destroying, discarding, processing, recycling, reusing or controlling waste. In other words, waste management involves a cradle-to-grave approach.
India’s population and urbanisation are increasing day by day and so is the generation of waste. Hence waste management becomes pivotal to avoid health and environmental hazards.
TYPES OF WASTES, THEIR MANAGEMENT AND PENALTIES IMPOSED
SOLID WASTE:- It includes organic, compostable matter like food waste, vegetable peels and fruits, commercial waste, institutional waste, construction and
demolition waste, toxic substances like used batteries, paints, biomedical waste, recyclable substances like paper, plastic, etc
SOLID WASTE MANAGEMENT RULES, 2016
As per these rules,
Segregation of waste is pivotal
Disposal and collection of sanitary pads
User fees and spot fines for someone who is found littering or violating the rules
Biodegradable waste needs to be processed, treated and disposed through composting
Promoting the use of compost and waste to energy
The idea of partnership in Swachh Bharat Mission has been introduced.
2) PLASTIC WASTE
According to Rule 3 (m) of The Plastic Waste (Management and Handling) Rules, 2011, Plastic Waste means any plastic product such as carry bags, pouches or 7 (multi-layered plastic pouch or sachet, etc) which have been discarded after use or after their intended life is over.
Plastic has become a global problem because it takes centuries to degrade.
THE PLASTIC WASTE (MANAGEMENT AND HANDLING) RULES, 2011 AND PLASTIC WASTE MANAGEMENT RULES, 2016
2016 Rules have been amended in 2018, 2021 and 2022 respectively with the main focus on the ban on single-use plastic items.
As per Rule 9 of Plastic Waste Management Rules 2011, obtaining a registration certificate from the State Pollution Control Board or Pollution Control Board is necessary for every manufacturer and recycler of plastic bags, pouches and multi-layered pouches. Further, the rules specify the thickness, colour and classification into virgin recyclable or compostable plastic and the responsibilities of the municipal authorities.
ACCORDING TO PLASTIC WASTE MANAGEMENT (AMENDMENT) RULES 2022:-
Carry bags should be made of recycled plastic or virgin plastic and should be more than 120 microns (after 31st Dec 2022).
Single-use plastic to be phased out.
Recycling of plastic waste shall be done only as per the IS14534:1998-Rule 5(b).
PENALTY ON USE (AND LITTERING) OF BANNED SINGLE-USED PLASTIC (SUP) ITEMS
Spot fine of Rs 500 on waste generators.
Spot fine of Rs 5000 on institutional waste generators.
PENALTY IMPOSING AUTHORITIES
Fines are imposed according to guidelines for EC assessment prepared by the Central Pollution Control Board.
Local bodies will impose fines on sellers, users and retailers of single-use plastic.
The State Pollution Control Boards and Pollution Control Committee impose fines on the defaulter producer of single-use plastic.
3) BIO-MEDICAL WASTE
According to Rule 3(f) of Bio-Medical Waste Management Rules, 2016, Bio-medical waste means any waste which is generated during the diagnosis, treatment or immunisation of human beings or animals or research activities pertaining thereto or in the production or testing of biological or in health camps.
Bio-Medical Waste Management Rules, 2016
These rules have replaced the earlier 1998 Rules and the amendment thereof.
ACCORDING TO 2016 RULES:-
Bio-medical waste has been classified into 4 categories –
a) Yellow Category
b) Red Category
c) White Category
d) Blue Category
Chlorinated plastic bags, gloves and blood bags are to be phased out within 2 years.
Land to be provided by the State Government to set up common bio-medical waste treatment and disposal facilities.
On-site pre-treatment of lab waste, blood samples, blood bags, and microbiological waste be disinfected or sterilized as per W.H.O guidelines or NACO.
IMPLEMENTING AUTHORITIES
Every State Government or U.T administration shall constitute an Advisory under the chairmanship of the respective health Secretary. It shall meet at least once in 6 months and review all matters related to the implementation of the provisions.
Rule 12 says that the Ministry of Environment, Forest and Climate Change shall review the implementation of the rules once a year.
4) E-WASTE
India is 3rd largest e-waste generator in the world.
According to Rule 3 (l) of E-Waste Management Rules, 2022, e-waste means electrical and electronic equipment, including solar photo–voltaic modules or panels or cells, whole or in part discarded as waste, as well as rejected from manufacturing refurbishment and repair processes.
As per Rule 3 (m), producers need to meet the recycling targets as per Schedule III and IV only through registered recyclers of e-waste to ensure environmentally sound management of such waste.
As per Rule 4, manufacturers, producer, and recycler needs to register on the Central Pollution Control Board’s online portal, without which they cannot operate.
According to Rule 13 (3) (i), The producers are required to fulfil the Extended Producer Responsibility (EPR) through the online purchase of an EPR certificate from registered recyclers only and submit it online by filing quarterly returns.
These 2022 Rules act as a timely intervention by the Government and have introduced a new EPR Regime that aims to reduce the use of Hazardous materials.
IMPLEMENTING AUTHORITY
A Steering Committee will look after the implementation of these new rules.
5) HAZARDOUS WASTE
Hazardous waste means any waste excluding domestic and radioactive waste, which because of corrosive, reactive, ignitable, toxic and infectious characteristics causes or has the potential to cause harm to human health and the environment.
HAZARDOUS WASTE MANAGEMENT RULES 2016
It has laid certain responsibilities on the occupier, rules regarding storage and labelling required along with the precautions that need to be taken while handling hazardous waste.
6) APART FROM THIS, OTHER TYPES OF WASTE ARE:-
Construction and Demolition Waste
Radioactive waste
Battery waste
Ash waste (Ash Utilization Notification, 2021)
HIERARCHY OF WASTE MANAGEMENT
3R’s:
Reduce
Reuse
Recycle
ENVIRONMENT PROTECTION ACT, 1986
The said act has been enforced to protect and conserve the Environment. Various rules have been notified under this Act in areas like Hazardous Waste, Municipal Solid Waste, etc
PENALTY
Contravention attracts imprisonment for 5 years which may extend to 1 lakh Rs. or both.
If contravention continues, an additional fine of Rs. 5,000 for each day.
If the offence continues beyond a period of 1 year, the offender shall be punished with imprisonment which may extend to 7 years.
CONCLUSION
The government has enacted various legislations and rules regarding waste management and environmental protection. But it is not the responsibility of the government alone. Citizens should also equally participate and contribute in every way to it. The Polluter Pays Principle and Precautionary Principle also help in environmental protection and reducing the damage caused to it.
Adopting the practice of “Wealth from Waste” will further be beneficial from the perspective of waste management. Environment Impact Assessment is yet another tool which focuses on the future impact of any project on the environment.
Proper implementation and strict vigilance by the monitoring authorities will help achieve environmental protection and waste management.
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