MUNICIPAL SOLID WASTE

SUBJECT: ENVIRONMENTAL LAW

SUBMITTED TO: PROF. K. VIDYULLATHA REDDY

FACULTY, ENVIRONMENTAL LAW

SUBMITTED BY: PRANAV MENON

IVTH YEAR, VIIITH SEMESTER

2009 - 46

NATIONAL ACADEMY OF LEGAL STUDIES AND RESEARCH UNIVERSITY OF LAW, HYDERABAD

TABLE OF CONTENTS Introduction ..................................................................................................................................... 3 Research Methodology ............................................................................................................... 5 What constitutes Municipal Solid Waste? ...................................................................................... 6 A) B) C) Definition ......................................................................................................................... 6 Composition ..................................................................................................................... 6 Statistical Analysis of Waste Generation ......................................................................... 7

Legal Framework for Municipal Solid Waste in India ................................................................... 8 A) B) International Treaty Framework....................................................................................... 8 The Municipal Solid Wastes (Management and Handling) Rules, 2000 ......................... 8

C) Other legislative measures for Management of MSW ......................................................... 14 Judicial Interpretation on Solid Waste Management .................................................................... 16 Suggested Measures ...................................................................................................................... 19 A) B) C) D) Sustainable and Integrated Approach to Waste Management ........................................ 19 Regionalization of Landfill facility ................................................................................ 20 Privatization of Waste Management .............................................................................. 21 Environmental Auditing ................................................................................................. 22

Conclusion .................................................................................................................................... 24 Bibliography ................................................................................................................................. 25

INTRODUCTION Efficient delivery of public services and infrastructure are pressing issues for municipalities in most developing countries; and in many countries, solid waste has become a top priority. Solid waste management (SWM) is costly and complex for local governments, but it is so essential to the health, environment, and quality of life of the peoplein particular, the poorthat municipalities cannot afford to get it wrong.1 Bad waste collection practices and improper solid waste disposal contribute to local episodes of disease, regional water resource pollution, and global greenhouse gases. According to a United Nations Development Programme survey of 151 mayors of cities from around the world, the second most serious problem that city dwellers face (after unemployment) is insufficient solid waste disposal.2 Solid wastes arise from human and animal activities that are normally discarded as useless or unwanted. In other words, solid wastes may be defined as the organic and inorganic waste materials produced by various activities of the society and which have lost their value to the first user.3 As the result of rapid increase in production and consumption, urban society rejects and generates solid material regularly which leads to considerable increase in the volume of waste generated from several sources such as, domestic wastes, commercial wastes, institutional wastes and industrial wastes of most diverse categories. Management of solid waste may be characterized as that discipline associated with the control of generation, storage, collection, transfer and transport, processing, and disposal of solid wastes in a manner that is in accord with the best principles of public health, economics, engineering, conservation, aesthetics, and other environmental considerations.4 In its scope, solid waste management includes all administrative, financial, legal, planning, and engineering functions involved in the whole spectrum of solutions to problems of solid wastes thrust upon the community by its inhabitants.5 Solid wastes have the potential to pollute all the vital components of living environment at local and at global levels. The problem is compounded by trends in consumption and production patterns and by continuing urbanization of the world. The problem
1

Da Zhu et. al., Improving Municipal Solid Waste Management in India - A Sourcebook for Policy Makers and Practitioners, World Bank Institute Development Studies 2 United Nations Development Programme Report, 1990. 3 P. U. Asnani, Solid Waste Management, India Infrastructure Report 2006 4 Ibid. 5 Tchobanaglous, G. et al, 1997

is more acute in developing nations than in developed nations as the economic growth as well as urbanization is more rapid. Solid waste disposal was not noticed very seriously during Indias rural past as there were the wide availability of unused land and people usually threw the discarded materials in open land and streets. Further, the type of waste generated then was significantly different from todays trash. But, with the advent of development in all fields, the nature of garbage has been changed totally. Urban India is likely to face a massive waste disposal problem in the coming years. Until now, the problem of waste has been seen as one of cleaning and disposing as rubbish. But a closer look at the current and future scenario reveals that waste needs to be treated holistically, recognising its natural resource roots as well as health impacts. Waste can be wealth, which has tremendous potential not only for generating livelihoods for the urban poor but can also enrich the earth through composting and recycling rather than spreading pollution as has been the case. 6 Solid waste management is one among the basic essential services provided by municipal authorities in the country to keep urban centres clean. However, it is among the most poorly rendered services in India since the systems applied are unscientific, outdated and inefficient; population coverage is low; and the poor are marginalized.7 Waste is littered all over leading to insanitary living conditions. Municipal laws governing the urban local bodies do not have adequate provisions to deal effectively with the evergrowing problem of solid waste management. The proper management of Municipal Solid Waste8 is of prime importance in every country to establish a healthy and fresh environment. The mechanisms currently adopted in Indian cities/towns are highly inefficient and outdated, lacking public participation. Overall apathy is observed in the matter of collection, transportation and disposal of municipal waste. A system of depositing domestic, trade and institutional solid wastes on the streets, open spaces by waste generators and its collection by Municipal authorities from the streets, open space and its disposal at dump sites in a most unhygienic manner is in vogue. 9

Dr. P. K. Pandey, Management Of Municipal Solid Waste In India: A Legal Study, JOURNAL OF SCIENCE FORUM, Vol. II, No.1, 2011 7 P.K. Pandey, Management of Municipal Solid Waste, November 16, 2010, Tuesday Tripura Times p. 2 8 Hereinafter referred to as MSW 9 Supra note 6.

RESEARCH METHODOLOGY The Researcher has adopted the doctrinal form of research in completing this project. This form of research was most appropriate as the project is a study of municipal solid waste and its effective management. Research material used includes works of eminent environmentalists and scholars about the existing rules for solid waste management, role of municipalities, judicial interpretation of waste management, compliance with the rules, etc. Also, online sources like Investopedia, JSTOR, Google Books, Hein Online and various university sites have been used. No part of this project is plagiarized and it is the original work of the Researcher.

WHAT CONSTITUTES MUNICIPAL SOLID WASTE? A) DEFINITION Municipal solid waste is a term usually applied to a heterogeneous collection of wastes produced in urban areas, the nature of which varies from region to region. The characteristics and quantity of the solid waste generated in a region is not only a function of the living standard and lifestyle of the regions inhabitants, but also of the abundance and type of the regions natural resources.10 MSW includes both domestic and commercial waste account for a relatively small part of the total solid waste stream in developed countries. Rule 3(v) of the Municipal Solid Wastes (Management and Handling) Rules, 2000 defines Municipal solid waste as inclusive of commercial and residential wastes generated in municipal or notified areas in either solid or semi-solid form excluding industrial hazardous wastes but including treated bio-medical wastes. B) COMPOSITION The composition and the quantity of MSW generated form the basis on which the management system needs to be planned, designed and operated. In India, MSW diers greatly with regard to the composition and hazardous nature, when compared to MSW in the western countries (Gupta et al., 1998; Shannigrahi et al., 1997; Jalan and Srivastava, 1995).11 In general terms, MSW refers to solid wastes generated from houses, streets and public places, shops, offices, and hospitals but do not include hazardous waste originated from industry.12 It includes non-air and sewage emissions created within and disposed off by a municipality, including household garbage, commercial refuse, construction and demolition debris, dead animals, and abandoned vehicles.13 A broad range of materials can be classified as municipal solid waste (MSW), including garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material including solid,

10

Principles of Municipal Solid Waste Management. Available at http://www.unep.or.jp/ietc/Publications/spc/Solid_Waste_Management/Vol_I/5_6-Part1_Section-chapter1.pdf 11 Supra note 1. 12 Supra note 6.. 13 S. J. Cointreau, (1982). Environmental management of urban solid wastes in developing countries: a project guide. Urban Development Dept, World Bank [Online]. Available: http://www.worldbank.org/html/fpd/urban//solidwm/techpaper5.pdf.

liquid, semisolid, and or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and from community activities, but does not include solid or dissolved material in domestic sewage.14 C) STATISTICAL ANALYSIS OF WASTE GENERATION The quantity of MSW generated depends on a number of factors such as food habits, standard of living, degree of commercial activities and seasons.15 Consumption, linked to per capita income, has a strong relationship with waste generation. As per capita income rises, more savings are spent on goods and services, especially when the transition is from a low income to a middleincome level. Urbanisation not only concentrates waste, but also raises generation rates since rural consumers consume less than urban ones. India will probably see a rise in waste generation from less than 40,000 metric tonnes per year to over 125,000 metric tonnes by the year 2030.16 (Srishti, 2000) Per capita waste generation ranges between 0.2 kg and 0.6 kg per day in the Indian cities amounting to about 1.15 lakh MT of waste per day and 42 million MT annually. 17 The main reason attributed for this growth is lifestyle changes, especially in the larger cities, are leading to the use of more packaging material and per capita waste generation is increasing by about 1.3 per cent per year. With the urban population growing at 2.7 per cent to 3.5 per cent per annum, the yearly increase in the overall quantity of solid waste in the cities will be more than 5 per cent. Urban India produces about 42.0 million tons of municipal solid waste annually i.e. 1.15 lakh metric tons per day(TPD), out of which 83,378 TPD is generated in 423 Class-I cities. Waste generated in 423 Class-I cities works out to 72.5% of the total waste generated each day as compared to other 3955 urban centres that produce only 17.5 per cent of the total waste.18

14

A. James, Riegels Handbook of Industrial Chemistry. S. K. Jain for CBS Publishers and Distributors, India, 1997, pp. 15-60. 15 Bajaj, J.S. 1995. Report of The High Powered Committee on Urban Solid Waste Management, chaired by Mr J.S. Bajaj constituted by the Planning Commission, 1995. 16 World Bank (1997b). Per Capita Solid Waste Generation in Developed Nations, World Bank, Washington, DC 17 NEERI (1995). Strategy Paper on SWM in India, National Environmental Engineering Research Institute, Nagpur 18 Municipal solid waste in urban India: Engagement and accounting system, Spark the Rise, http://www.sparktherise.com/projectdetails.php?pId=5582.

LEGAL FRAMEWORK FOR MUNICIPAL SOLID WASTE IN INDIA For improving solid waste management practices in urban areas, it is essential to incorporate suitable mandatory provisions in the state laws and frame municipal bye laws to ensure Stake Holders active participation and minimum level of service delivery by Municipal Authorities. The government of India started encouraging proper management of solid waste as early as 1960s by giving loans for setting composting plants for MSW.19 The government of India over the years has taken many initiatives and implemented new technologies and methods. A) INTERNATIONAL TREATY FRAMEWORK This issue has now received the attention by international and national policy making bodies and citizens. In the international level the awareness regarding waste began in 1992 with the Rio Conference, here waste was made one of the priorities of Agenda 21.20 Here specific attention was given to the environmentally sound management of solid wastes. The Johannesburg World Summit on Sustainable development in 2002 focused on initiatives to accelerate the shift to sustainable consumption and production, and the reduction of resource degradation, pollution, and waste. The priority was given to waste minimization, recycle, and reuse followed by the safe disposal of waste to minimize pollution. B) THE MUNICIPAL SOLID WASTES (MANAGEMENT AND HANDLING) RULES, 2000 i) Object of these Rules

Under Sections 3, 6 and 25 of the Environment (Protection) Act, 1986, the Municipal Solid Wastes (Management and Handling) Rules, 2000 have been made by the Central government of India. The objective of these Rules was to make every municipal authority responsible for the implementation of the various provisions of the Rules within its territorial area and also to develop an effective infrastructure for collection, storage, segregation, transportation, processing and disposal of Municipal Solid Wastes. All Urban Local Bodies (ULBs) were supposed to have

19

11. Sumeet Kumar Sharma, Manure from Municipal Solid Waste, July 30, 2002 Chemical Weekly 167 -170 at 167 available at http://2 0 3 . 1 9 9 . 2 1 3 . 4 8 / 1 5 4 3 / 1 /Ma n u r e _from_municipal_waste.pdf 20 Object of the Act.

MSW management systems by end of year 2003. The rules envisage a life cycle of MSW as generation-segregation-storage and collection- transportation-treatment-disposal. 21 ii) Directives given to Municipalities

To improve the systems the following seven directives are given under these Rules. 1. Prohibit littering on the streets by ensuring storage of waste at source in two bins; one for biodegradable waste and another for recyclable material. 2. Primary collection of biodegradable and non-biodegradable waste from the doorstep, (including slums and squatter areas) at pre-informed timings on a day-to-day basis using containerized tricycle/handcarts/pick up vans. 3. Street sweeping covering all the residential and commercial areas on all the days of the year irrespective of Sundays and public holidays. 4. Abolition of open waste storage depots and provision of covered containers or closed body waste storage depots. 5. Transportation of waste in covered vehicles on a day to day basis. 6. Treatment of biodegradable waste using composting or waste to energy technologies meeting the standards laid down. 7. Minimize the waste going to the land fill and dispose of only rejects from the treatment plants and inert material at the landfills as per the standards laid down in the rules. Municipal authorities must meet the deadlines laid down in Schedule I of the rules and must follow the compliance criteria and procedure laid down in Schedule II iii) Effectiveness of the Rules

These rules provide for a manifold obligation on the municipalities with regard to waste management. The municipal authority shall notify waste collection schedule and the likely method to be adopted for public benefit in a city or town. It is the responsibility of generator of wastes to avoid littering and ensure delivery of wastes in accordance with the collection and segregation system.22 The predominant system of collection in most of the cities is through
21 22

Supra note 3. Supra note 1.

communal bins placed at various points along the roads, and sometimes this leads to the creation of unauthorized open collection points. Eorts to organize house-to-house collection are just starting in many megacities such as Delhi, Mumbai, Bangalore, Madras and Hyderabad with the help of NGOs.23 It has been observed that many municipalities have employed private contractors for secondary transportation from the communal bins or collection points to the disposal sites. Others have employed NGOs and citizens committees to supervise segregation and collection from the generation source to collection points located at intermediate points between sources and dumpsites.24 The collection eciency is the quantity of MSW collected and transported from streets to disposal sites divided by the total quantity of MSW generated during the same period. Many studies on urban environment have revealed that MSW collection eciency is a function of two major factors: manpower availability and transport capacity. The average collection eciency for MSW in Indian cities and states is about 70%.25 Transfer stations (except in a few cases as in Madras, Mumbai, Delhi, Ahmedabad and Calcutta) are not used, and the same vehicle, which collects refuse from individual dustbins, takes it to the processing or disposal site.26 Collection and transportation activities constitute approximately 8095% of the total budget of MSWM; hence, it forms a key component in determining the economics of the entire MSWM system. Municipal agencies use their own vehicles for MSW transportation although in some cities they are hired from private contractors.27 Municipal authority shall organise awareness programmes for segregation of wastes and shall promote recycling or reuse of segregated materials. It shall undertake phased programme to ensure community participation in waste segregation.28 Further, it shall establish and maintain storage facilities as they do not create unhygienic and insanitary conditions around it. Vehicles used for transportation of wastes shall be covered. Waste should not be visible to public, nor exposed to open environment preventing their scattering.
23 24

Sanjay Gupta, Rethinking waste management, India Together. Rathi, 2006; Siddiqui et al., 2006; Nema, 2004; Gupta et al., 1998; Maudgal, 1995; Khan, 1994 25 Colonand Fawcett, 2006; Nema, 2004; Malviya et al., 2002; Kansal et al., 1998; Bhide and Shekdar, 1998 26 Colon and Fawcett, 2006; Khan, 1994. 27 Ghose et al., 2006; Siddiqui et al., 2006; Nema, 2004; Bhide and Shekdar, 1998) 28 Supra note 23.

It shall adopt suitable technology or combination of such technologies to make use of wastes so as to minimize burden on landfill. Further, as per these rules, the waste should be disposed of in engineered landfills and never in open or unsanitary dumps. Land filling shall be restricted to non-biodegradable, inert waste and other waste that are not suitable either for recycling or for biological processing. These rules enumerate the importance of sanitary landfills for municipal solid waste in order to dispose waste and unused residue from processing plant or other facilities when they cannot be further processed or recycled.29 If it is possible to reduce the quantity of MSW even before its generation, all problems relating to its management will be solved ultimately. It means, source reduction is the most preferred method of MSW management and it is the first step in the waste management hierarchy which goes a long way towards protecting the environment in a sustainable method.30 The two leading innovative mechanisms of waste disposal being adopted in India include composting (aerobic composting and vermi-composting) and waste-to-energy (WTE) (incineration, pelletisation, biomethanation).31 WTE projects for disposal of MSW are a relatively new concept in India. Although these have been tried and tested in developed countries with positive results, these are yet to get o the ground in India largely because of the fact that nancial viability and sustainability is still being tested.32 Composting of city wastes is a legal requirement provided under the Municipal Solid Waste Management (MSW) Rules 2000 for all municipal bodies in the country. But neither the central nor the state governments have yet responded to show any kind of preparedness for it, nor have they been able to grasp it as an environmental and social good that requires official support which can generate employment. The MSW Rules 2000 requires that biodegradable wastes shall be processed by composting, vermi-composting, anaerobic digestion or any other appropriate biological processing for the stabilisation of wastes.33 The specified deadline for setting up of waste processing and disposal facilities was 31 December 2003 or earlier.

29

MOUDPA (2000). Manual on Solid Waste Management, Ministry of Urban Development and Poverty Alleviation, Government of India Publications, New Delhi. 30 Supra note 1. 31 Supra note 23. 32 Lal, 1996; Khan, 1994 33 S.P. Gautam (et al.), Composting of Municipal Solid Waste of Jabalpur City, Vol. 4 (1), 2010 Global Journal of Environmental Research 43-46 at 43

The real economic benefits of compost use, like improved soil quality, water retention, biological activity, micronutrient content and improved pest resistance of crops, are ignored by policymakers and fertiliser producers. Fertiliser producers do not yet realise that preventing soil depletion and reclaiming degraded soils would in fact increase the size of the market and therefore, also their market share, which is currently threatened by globalisation and world prices that undercut their own. Since most large fertiliser plants are government-owned, another threat is the governments intended policy of closing down loss-making public-sector enterprises and disinvesting from profitable ones.34 The decision to implement any particular technology needs to be based on its techno-economic viability, sustainability, as well as environmental implications, keeping in view the local conditions and the available physical and financial resources. The key factors are the origin and quality of the waste, presence of hazardous or toxic waste, availability of outlets for the energy produced, market for the compost/anaerobic digestion sludge, energy prices/buyback tariff for energy purchase, cost of alternatives, land price and capital and labour cost, capabilities and experience of the technology provider.35 It needs to be ensured that any proposed facility fully complies with the environmental regulations as laid down in the Municipal Solid Waste (Management and Handling) Rules 2000 issued by the Ministry of Environment and Forests and as may be amended from time to time. Moreover, it has been scientifically established that extensive use of chemical fertilizers, has resulted in fertility loss and decrease in carbon content of the soil. Hence, there is an urgent need to provide humus to the soil to enable it to regain its fertility as well as water retaining capacity. Studies by the Indian Council for Agricultural Research have shown that compost used with chemical fertilizers has shown 15 per cent increase in food production creating a strong case for its promotion.36 iv) Compliance of the MSW Rules

34 35

Supra note 23. United Nations Environment Program, UNEP 2002. International Source Book on Environmentally and Technologies for Municipal Solid Waste Management. International Environmental Technology Centre (IETC), Technical Publication Series, Issue 6. 36 GOI (2003). Report of the Technology Advisory Group on Solid Waste Management, Government of India Publications, New Delhi.

The MSW Rules necessitate implementation and monitoring in a time bound manner and this responsibility as well as development of required infrastructure lies with municipal authorities. They are directed to obtain authorization from the state pollution control boards/committees for setting up waste processing and disposal facilities and furnish annual report of compliance. The Secretary, Urban Development Department of the respective state government is responsible for the enforcement of the provisions in metropolitan cities. A District Magistrate or a Deputy Commissioner of the concerned district is responsible for the enforcement of these provisions within the territorial limit of his jurisdiction. The state pollution control boards are expected to monitor the compliance of standards regarding ground water, ambient air, leacheate quality and the compost quality including incineration standards as specified in the rules. The state board or the committee is directed to issue authorization to the municipalities when asked for within 45 days and the central pollution control board is expected to coordinate with the state boards in regard to implementation of the rules.37 Several training programmes and workshops have been organized by the central government, state governments, Central Pollution Control Board, State Pollution Control Boards as well as national and international institutions to guide the cities and towns in implementing the rules expeditiously. However, the response to the MSW Management Rules, 2000 has been segmented and far from satisfactory. First, it does not address mechanisms which will be needed for promoting recycling, or waste minimization. Secondly, there is no provision for any public participation, despite the fact that the Rules have been an outcome of public pressure and the immense work done by nongovernment organisations and community groups in this area. Other recent policy documents include the Ministry of Urban Affairs Shukla Committees Report (January 2000) the Supreme Court appointed Burman Committees Report (March 1999), and the Report of the National Plastic Waste Management Task Force (August 1997).38 But the present rules and regulations are inadequate both in terms of assessing environmental impact of waste and its economic and social implications. Indirectly this also preserves the natural resources going down the drains. Some local governments have taken initiatives to burn waste through incineration or gasification for

37 38

Supra note 1. Supra note 3.

insignificant electricity generation at astronomical cost and with dangerous environmental impacts, and which will take away the livelihoods of hundreds of thousands of the urban poor.39 Being engrossed in their day-to-day activities and due to typical nature of Indian MSW, no single urban municipality could achieve the targets. Many cities and towns have not even initiated measures whereas some cities have moved forward on their own or under the pressure of Supreme Court, respective state governments, pollution control boards, etc. There is no consolidated official data available about the status of compliance of MSW Rules in the country though all the states are expected to submit their annual reports.40 A study was conducted to ascertain the status of compliance of MSW Rules 2000 by class I cities of India. One hundred twenty eight class I cities of India responded and the status of compliance as on 1 April 2004 shows that there is insignificant progress in the matter of processing of waste and construction of sanitary landfills, and only about one-third compliance has taken place in the remaining five steps.41 Preliminary surveys on municipalities' preparedness in implementing the MSW Rules 2000 show that the majority of the cities are yet to embark on city-wide implementation of door-to-door collection of waste, source segregation, composting of organics, recycling and creating engineered and safe landfill sites for residual waste disposal.42 The municipalities were given three years time to make such preparations but most of them have not even woken up. Whether municipalities will enforce the MSW Rules 2000 and provide cleaner and healthier cities is yet to be seen. For now, the risk remains that MSW Rules will become yet another policy to gather dust due to government apathy. OTHER LEGISLATIVE MEASURES FOR MANAGEMENT OF MSW Apart from these rules, the Ministry of Urban Development set up an expert panel to prepare a national manual on solid waste management to help the municipal authorities adopt appropriate
39 40

Supra note 1. Mufeed Sharholy et. al., Municipal solid waste management in Indian cities A review, Waste Management 28 (2008) 459467. 41 Asnani, P. U. 2004a. Status of Compliance of Municipal Solid Waste (Management and Handling ) Rules 2000 in 127 Class 1 Cities in India as on 1-4-04. Paper presented at the National Training Programme on Design, Construction, and Operation of Sanitary Land lls, jointly organized by the Government of India, the Central Pollution Control Board, the United StatesAsia Environmental Program, and the Water and Sanitation Programme of the World Bank, at Panaji, Goa, India, May 2428 42 Supra note 3.

systems of solid waste management. In addition, there are Municipal Corporation Acts by dierent states such as the Delhi Municipal Corporation Act 1959, Uttar Pradesh Municipal Corporation Act 1959 and Karnataka Municipal Corporation Act 1976. 43 These Acts also deal with environmental pollution caused by improper disposal of MSW, for example The Delhi Plastic Bag (Manufacture, Sales and Usage) and non-biodegradable garbage (control) Act, 2000, was enacted to prevent contamination of foodstu carried in recycled plastic bags, reduce the use of plastic bags, throwing or depositing non-biodegradable garbage in public drains, roads and places open to public view. Local authorities often see MSWM as a poor service compared to other basic services because MSWM can barely recover operating costs. However, most of the municipalities are unable to provide the desirable level of conservancy services. Due to a number of problems, they have not been very eective as far as SWM services are concerned.44

43

MOUD Report (2005). Management of Solid Waste in Indian Cities, Ministry of Urban Development, Government of India, New Delhi 44 Siddiqui et al.,2006; Kansal, 2002; MoEF, 2000; Gupta et al., 1998).

JUDICIAL INTERPRETATION ON SOLID WASTE MANAGEMENT Prior to the implementation of the MSW Management Rules in 2000, the Indian courts played a vital role to protect the environment and resolve this issue of waste management. The Supreme Court appointed the Burman Committee (1999), which rightly recommended that composting should be carried out in each municipality. Composting is probably the easiest and most appropriate technology to deal with a majority of our waste, given its organic nature. In Almitra H Patel & Anr v Union of India,45 a Public Interest Litigation was filed against all state governments and several municipal authorities in the country alleging that they have failed to discharge their obligatory duty to manage municipal solid waste appropriately. The Supreme Court set up an Expert Committee, which deliberated on the issue after consulting 300 municipal authorities in class I cities and other stakeholders by holding regional workshops in Mumbai, Delhi, Chennai, and Kolkata. It submitted its report to the Supreme Court in March, 1999 making detailed recommendations, which were circulated to all the class I cities and various stakeholders through the Government of India with interim directions for implementation. To ensure compliance, the principal recommendations of the Supreme Court appointed Committee have been incorporated in the Municipal Solid Waste (Management and Handling) Rules 2000 notified by the Ministry of Environment and Forest in September 2000. In, Dr. B. L. Wadhera v. Union of India and others,46 another Public Interest Litigation was filed relating to wastes in Delhi, the Honble Supreme Court regarding MSW through J ustice Kuldip Singh directed as The garbage/waste shall be lifted from collection centers every day and transported to the designated place for disposal. All recepticals/collection centers shall be kept clean and tidy everyday. The garbage/rubbish shall not be found spread around the collection centers and on the roads. The Central Pollution Control Board and the Delhi Pollution Committee shall send regularly its inspection teams in different areas of Delhi/New Delhi to ascertain that the collection, transportation and disposal of garbage/waste is carried out satisfactorily.

45 46

2000(2) SCC 166 1996 SCC (2) 594: JT 1996 (3) 38

 Residents of Delhi be educated through Doordarshan and by way of announcements in the localities that they shall be liable for penalty in case they violate any provisions of the Act in the matter of collecting and disposal of garbage and other wastes. The MCD and NDMC shall construct/ install additional garbage collection centers in the form of dhalaos/trolley/steelbins within four months. The NCT Delhi Administration through its Chief Secretary and also the MCD and NDMC to join hands and engage an expert body like NEERI to find out alternate method/ methods of garbage and solid waste disposal. In Bombay Environment Action Group and another v. State of Maharashtra and others,47 relating to MSW in the Mahabaleshwar and Panchgani twin hill stations, the Court directed that the Municipal Council of Mahabaleshwar to set up the two sewage treatment plants and the solid waste management facility within six months of getting possession. Further, the hoteliers and the commercial institutions in Mahabaleshwar and Panchgani are directed to have their own treatment facility. Maharashtra Pollution Control Board is directed to check their effluents and if they do not meet the required standards, it will be expected of MPCB to direct closure of their activities. In Smt. C. Uma Devi v. Government of Andhra Pradesh and others,48 the matter of dumping garbage in a green park by Visakhapatnam Municipal Corporation was brought before the court. Taking a strict measure, Honble High Court ruled that Corporation shall not dump the garbage in the park in question or any other park. Corporation shall restore the lost glory of the Green Park, and maintain it properly. The A.P. Pollution Control Board shall monitor the maintenance of the Green Park on regular basis, and in the event it comes to its notice that Corporation is not maintaining the park and violating provisions of the Municipal Wastes (Management & Handling) Rules, 1999, it may initiate criminal proceedings against Corporation. A PIL regarding dumping of mixed untreated garbage consisting of wet market waste, house work glass, tins, plastics, papers and carcasses etc., at a site in a Village directly above the drinking water source for Town and the said site is also very close to the Tiger Shola Reserve

47 48

Writ Petition No. 7308 of 2002, Bombay dated 19/10/2006 AIR 2001 AP 460, 2001 (5) ALT 307

Forest was brought in Shelter Trust v. Union of India and others49 Issuing the writ of Mandamus, the Court observed that keeping the larger public issue in mind, we permit the writ petitioner to suggest measures whereby the proposed place could be used for disposal of garbage without causing any damage to the environment and it is needless to say that such suggestions given by the petitioner shall be duly considered by the seventh respondent in its letter and spirit and implement such reasonable suggestions in the interest of general public. The seventh respondent also should comply with all the directions issued by the Pollution Control Board so far and also the directions to be given henceforth for the purpose of complying with the pollution norms and the Pollution Control Board also should monitor the functioning of the compost yard and intimate the shortfalls as well as measures to be taken to the seventh respondent.

49

2008 Mad LJ 313.

SUGGESTED MEASURES For a developing country like India, recycling of waste is the most economically viable option available both in terms of employment generation for the urban poor with no skills and investment.50 It is observed that, besides educating the masses to effectively participate in SWM services, some punitive actions need to be taken against those who do not adhere to the direction given to protect public health and environment. State Laws therefore need to provide for punishment on the spot to those who litter and do not adhere to the directions given for maintaining solid waste management systems in the Urban Areas and give adequate powers to the Municipal authorities to penalize the offenders. The following below are some measures which the Municipalities and Government can implement: A) SUSTAINABLE AND INTEGRATED APPROACH TO WASTE MANAGEMENT The integrated approach to waste management ensures that all aspects of waste management i.e. collection, transportation, processing and disposal are carried out in a scientific manner with special emphasis on processing through a mix of technologies. Each component of waste gets its due treatment; composting/ biomethanation for segregated organic waste, Refuse Derived Fuel (RDF) for mixed waste, inert management for inert matter and likewise. 51 The concept ensures that least waste goes to the landfill thereby promoting recycle and recovery and also reducing load on landfills. Sustainable and integrated SWM puts into a focal matrix the urgent planning aspectsincluding the environmental, sociocultural, institutional, political, and legal aspectsas well as the important role of stakeholders (rag pickers, the Improving Municipal Solid Waste Management in India informal recycling sector, small-scale enterprises, women heads of household) and the other elements of the waste management system, such as prevention, reuse and recycling, collection, street sweeping, and disposal.52

50 51

Supra note 40. Cointreau, Sandra. 2001. Declaration of Principles for Sustainable and Integrated Solid Waste Management (SISWM). http://siteresources.worldbank.org/INTUSWM/Resources/ siswm.pdf. 52 Ibid.

B) REGIONALIZATION OF LANDFILL FACILITY Since setting up and operating a sanitary landfill is a complex and expensive exercise, it is not viable to create small facilities. Typically, for a sanitary landfill to be economically viable needs to have a minimum capacity of 250 to 300 tons per day.53 Furthermore, municipalities cannot afford the expenses of technical experts to of technical inputs, development of facilities and finally maintenance for long term. The cost-effective and viable solution lies in adopting a regional approach that enables two or more municipalities to derive the benefit of economy of scale by coming together not only to get benefit of size as well as. As per the conventional approach to waste treatment, Regionalization refers to the bundling the waste disposal needs of several towns or cities and tackling the problem they share by creating one regional facility. 54 The arguments for a regional facility are plenty since most small towns and cities do not have enough resources, labour or land in possession to operate and maintain such a facility. Further, it will be subject to public objection if located near a residential area. Most private agencies will not invest in a small landfill development due to financial viability and poor health of municipal finances. The regionalized landfill construction can be managed professionally in a cost effective manner. The burden of cost of onetime items on participating Municipal Bodies will be shared and the total tipping fees to be paid will be only to the extent of waste sent to the landfill. The site can be awarded to Private Operator who will be willing to handle a large landfill site.55 The Financial benefit of regional disposal includes reduction in the fixed costs (for example, lining, equipment, human resources land and overhead) per unit of waste because of the greater amount of waste and the allocation of costs among several municipal bodies. It allows for cost saving because of sharing of overhead and maintenance cost among participating municipality bodies.56 There is an improved sense of bargaining power to buy better equipment and system at lower costs. A regional facility entails some kind planning of a sound Institutional arrangement that enables the coming together of the partnering Municipalities. The participating municipalities should establish a regional management organization. This organization is serves to provide for a formal
53

Dr. Amiya Kumar Sahu, Regional Approach - Municipal Solid Waste Management, National Solid Waste Association of India 54 Supra note 23. 55 Supra note 53 56 Ibid.

management structure for regional projects and seeks to implement the planned projects, by providing the necessary authority for financing, operating, and monitoring the SWM activities. This process also has technical benefits such as greater access to resources, enhanced professional expertise and sophisticated machinery. But most importantly are the environment and social benefits attached such as safeguarding public health, reduction in environment pollution.57 Regional landfills are being used not only in developed countries such as the United States, the United Kingdom, Germany, Sweden, and Poland, but also in developing countries such as Argentina, Brazil, Mexico, Palestine, and Egypt. In India, the approach is being adopted in the states of Gujarat, West Bengal, and Andhra Pradesh; others, such as Tamil Nadu, Kerala, and Maharashtra are also considering adopting this approach.58 Despite all advantages that regionalization of landfill brings, many challenges need to be addressed. The main challenge occurs when two or more municipalities come together with different goals. Although neighboring municipalities shares many common SWM needs and concern, disparities in population, geography, industrial base, or other characteristic may make it difficult for them to agree on specific regional projects.59 Municipalities considering regionalization should recognize that costs and benefits of regional projects, although shared, will not necessarily be identical for all communities. Municipal officials might need to consider the trade offs of sharing common facilities. Transport of waste across jurisdiction could also be a source of conflicts. Regionalization sometimes requires that waste be transported over long distance and through neighboring areas and communities.60 The road leading to a regional solid waste facility might see an increase in traffic. The source of conflicts is related to the concerns over the resulting congestion, pollution road way wear and tear. C) PRIVATIZATION OF WASTE MANAGEMENT Experience the world over has shown that private sector participation (PSP) results in cost savings and improvement in efficiency and effectiveness in service delivery mainly due to

57 58

Supra note 53. Ibid. 59 Supra note 1. 60 Supra note 53.

financial and managerial autonomy and accountability in private sector operations. 61 Besides, it brings in new investment and better technologies. In developed countries the private sector manages most of the SWM services. In India, by and large, municipal authorities are providing solid waste management services departmentally. Resistance from labour unions and interpretations of labour laws has discouraged city administrations from contracting out services to private operators. Of late, some experiments to privatize certain SWM services have demonstrated improvement in the level of services in a cost-effective manner. Government for the first time now has included private organizations in providing this public service.62 New methods of storage, collection, transportation, processing and disposal are being implemented. For e.g. - Hyderabad has privatized nearly 75 per cent of its street sweeping operations applying a unique unit area method on contract basis to eliminate the bidding process. The unit cost has been worked out on the basis of the need for manpower, the minimum wage payable, the tools and equipment required, etc. One hundred and sixty-one such contracts are in place engaging 4347 workers in sweeping of streets, footpaths, and open spaces during the day and 2015 workers for sweeping 310 km important roads at night. The system is in operation for more than five years and working satisfactorily.63 However, not all municipalities in India have limited capacity to manage such a privatization process. There is a need for developing in-house financial and managerial capability to award contracts to private sector and monitoring the services provided since the onus of ensuring proper service delivery and compliance of standards, remains with the local body.64 D) ENVIRONMENTAL AUDITING It is necessary to evaluate the current process at this stage to understand if the methods being implemented are suitable for the Indian scenario and to identify the lacuna in the methods being adopted. This can be achieved by carrying out an audit. Environmental Auditing can be defined as a management tool comprising a systematic, well documented, periodic and objective
61 62

Supra note 3. Ibid. 63 Ahsan, N., 1999. Solid waste management plan for Indian megacities. Indian Journal Of Environmental Protection 19 (2), 9095 64 Supra note 40.

evaluation of how well the management systems are performing with the aim of helping to safeguard the environment by facilitating management control of environmental practices, and assessing compliance with national legislation, which would include regulatory requirements.65 This practice first began with the principle of polluters pay to prevent liabilities towards the government. The other important reason could be due to the increasing awareness of the public about environmental protection, the companies voluntarily carried out audits of its operations and processes to prove that their products are environmentally friendly.66 An audit not only brings out the shortcomings in a system, but also raises awareness on the problems addressed. Audit of a waste management system is a way to reduce problems caused by waste by revealing the shortcomings of the management system, the responsible actors and identifying the actors and the areas that need improvement. Other types of environmental investigations are frequently conducted with audit like methodologies- such as open inventories and operated oriented investigations, into prevention of waste and pollution.67

65

T. V. Ramachandra & Shruthi Bachamanda, Environmental Audit of Municipal Solid Waste Management, TECHNICAL REPORT: 118 June 2006 66 Supra note 1. 67 Supra note 66.

CONCLUSION As the development of any nation depends on infrastructure, such as power, telecom, roads, water supply and mass transportation, coupled with civic infrastructure, such as sanitation and solid waste management, it is need of hour to have a well equipped mechanism for management of wastes. Common people should be educated about the adverse effects of MSW through awareness camps, seminars at the local level etc. Generally, fee is charged for collection, segregation, transportation etc. of MSW and this practice is in-effect in many cities including Indian cities but there are various cities where MSW are collected free of charge like Beijing, Tokyo etc. To get the full and active cooperation of common people there should not be any charge for collection to disposal of MSW. The vehicles for transportation of MSW collection, generally are found open and could be a source of environmental contamination which is totally against legal norms. To protect the health of waste workers, improvement is required in their socio-economic security. Sanitary landfills need to be carefully sited, correctly designed and well operated otherwise a lot of adverse effects will be resulted which will be hazardous for humanity as well as to environment too. The present state of affairs regarding the M.S.W. program is not an issue about which we should be afraid. The technology is readily available. There are entrepreneurs interested to manage the program. They should be identified, motivated and protected. Rules should be formed to suit the needs of our country and steps should be taken to enhance the present civic since of our citizens. The environmental protection rules should be more flexible and practical to be implemented gradually along with proper education. The law makers should think about handling the present problems while enforcing new and stringent actions. For example, when source segregation is imposed before giving authorization, the authorities should also think about the fate of the garbage being produced daily until implementation. This is not taken care of at present because they are handled by different government departments, the pollution control board, local authorities etc., thereby affecting the citizens of India.

BIBLIOGRAPHY Articles and Books referred Da Zhu et. al., Improving Municipal Solid Waste Management in India - A Sourcebook for Policy Makers and Practitioners, World Bank Institute Development Studies P. U. Asnani, Solid Waste Management, India Infrastructure Report 2006 Dr. P. K. Pandey, Management Of Municipal Solid Waste In India: A Legal Study, JOURNAL OF SCIENCE FORUM, Vol. II, No.1, 2011 P.K. Pandey, Management of Municipal Solid Waste, November 16, 2010, Tuesday Tripura Times p. 2 Principles of Municipal Solid Waste Management. Available at

http://www.unep.or.jp/ietc/Publications/spc/Solid_Waste_Management/Vol_I/5_6Part1_Section-chapter1.pdf S. J. Cointreau, (1982). Environmental management of urban solid wastes in developing countries: a project guide. Urban Development Dept, World Bank [Online]. Available: http://www.worldbank.org/html/fpd/urban//solid-wm/techpaper5.pdf. A. James, Riegels Handbook of Industrial Chemistry. S. K. Jain for CBS Publishers and Distributors, India, 1997, pp. 15-60. Bajaj, J.S. 1995. Report of The High Powered Committee on Urban Solid Waste Management, chaired by Mr J.S. Bajaj constituted by the Planning Commission, 1995. World Bank (1997b). Per Capita Solid Waste Generation in Developed Nations, World Bank, Washington, DC NEERI (1995). Strategy Paper on SWM in India, National Environmental Engineering Research Institute, Nagpur Municipal solid waste in urban India: Engagement and accounting system, Spark the Rise, http://www.sparktherise.com/projectdetails.php?pId=5582. Sumeet Kumar Sharma, Manure from Municipal Solid Waste, July 30, 2002 Chemical Weekly 167-170 at 167 available at http://2 0 3 . 1 9 9 . 2 1 3 . 4 8 / 1 5 4 3 / 1 /Ma n u r e _from_municipal_waste.pdf Sanjay Gupta, Rethinking waste management, India Together.

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International Environmental Technology Centre (IETC), Technical Publication Series, Issue 6. GOI (2003). Report of the Technology Advisory Group on Solid Waste Management, Government of India Publications, New Delhi. Mufeed Sharholy et. al., Municipal solid waste management in Indian cities A review, Waste Management 28 (2008) 459467. Asnani, P. U. 2004a. Status of Compliance of Municipal Solid Waste (Management and Handling ) Rules 2000 in 127 Class 1 Cities in India as on 1-4-04. Paper presented at the National Training Programme on Design, Construction, and Operation of Sanitary Landlls, jointly organized by the Government of India, the Central Pollution Control Board, the United StatesAsia Environmental Program, and the Water and Sanitation Programme of the World Bank, at Panaji, Goa, India, May 2428 MOUD Report (2005). Management of Solid Waste in Indian Cities, Ministry of Urban Development, Government of India, New Delhi Cointreau, Sandra. 2001. Declaration of Principles for Sustainable and Integrated Solid Waste Management (SISWM).

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