THE ENVIRONMENT (PROTECTION) ACT, 1986

The Environment (Protection) Act, 1986 was enacted to cover wider areas of environmental
degradation and protection. The Act has twenty six sections divided into four chapters. Section
3(2) (VI) and (vii) of the Act places the on Central Government responsibility for laying down
procedures and safeguards for the handling of environmentally hazardous substances, both
chemical and biological (microorganisms), and for the prevention of accidents. This Act
empowers Central Government to seize any equipment from the polluting industries and to stop
the supply of essential services like water and electricity to them. It raises penalties against
violations and lays more emphasis on monetary sanctions than on imprisonment. All complaints
regarding pollutions are to be lodged with an authority that is to act within sixty days, failing
which one can move to the court.1

A cursory analysis of the Preamble of the Act makes it obvious that the objectives of the
enactment are three fold: -

1. Protection of the environment

2. Improvement of the environment

3. Prevention of hazards to: (a) Human beings, (b) Other living creatures, (c) Plants, (d) Property.

The unique feature as well as lacuna of this Act is that the Ministry of Environment and Forest is
the nodal Agency in preventing the pollution and protecting the environment. The Environment
(Protection) Rules, 1986 were, subsequently, notified to facilitate the exercise of the powers
conferred on the Boards by the Act, 1986.2

The Environment (Protection) Act, 1986 (Section 7) prohibits every person carrying on any
industry from discharging or emitting any environmental pollutant in excess of prescribed
standards. In such cases, we can serve a notice to the polluter direct. If the polluter fails to

1
Satish C. Shastri, Human Rights, Development and Environment Law, 176 (2007).
2
Dr. Areti Krishna Kumari, Environmental Jurisprudence: Country Perspectives, 172 (2007).
comply with the provisions of section 7, i.e. it the offence continues for 60 days we can lodge a
complaint against the polluter in Court after 60 days of serving the notice.3

This act is an umbrella legislation which covers radio-active substances disposal, disposal of bio-
medical waste, disposal of municipal solid waste, Disposal of hazardous waste, disposal of
batteries , E-waste, to use of plastic bags. All the notifications, rules and regulations dealing with
the environmental protection are the subsidiaries of this Act.

Various umbrella Rules are framed for, "environmental conservation" under the Environment
(Protection) Act, 1986 such as:-

1. The Municipal Solid Waste (Management and Handling) Rules, 2000.

2. The Bio-Medical Waste (Management and Handling) Rules, 1998.

3. The Hazardous Waste (Management and Handling) Rules, 1989.

4. The Hazardous Wastes (Management, Handling and Transboundary Movements) Rules,

2008.

5. The E-Waste (Management and Handling) Rules, 2011.

6. The Batteries (Management and Handling) Rules, 2001.

7. The Plastics Waste (Management and Handling) Rules, 2011.

3
L.D. Saini, Environmental Education, 143 (2006).
 THE MUNICIPAL SOLID WASTE (MANAGEMENT AND
HANDLING) RULES, 2000

With increase in population and urbanization on the rise, Municipal Solid Wastes in India are
increasing though not at the same magnitude as in the west. Only few cities follow such good
practice of waste disposal as tipping of waste using mechanized equipment for leveling and
compacting and placing a daily cover of soil over the top of it before compacting it further. At
present, most of the municipal solid waste in the country is disposed of unscientifically (no
sanitary landfill exists). This has adverse impacts not only on the ecosystem but also on the
human environment. Unscientific disposal practices leave waste unattended to the disposal site,
which attracts birds, rodents, fleas, etc. to the waste and creates unhygienic conditions (odours,
release of airborne pathogens, etc.) the plastic content of the municipal waste is picked up by rag
pickers for recycling either at primary collection centres or at dumpsites, plastics are recycled
mostly in factories, which do not have adequate technologies to process them in a safe manner.
This exposes the workers to toxic fumes and unhygienic conditions. Moreover, since the rag
picking sector is not formalized, not all the recyclables, particularly plastic bags, get picked up
and are found littered everywhere, reaching the drains and water bodies ultimately chocking
them.4

India’s urban population is stated to be increased from the current 330 million to about 600
million by 2030; the challenge of the managing municipal solid waste (MSW) in the
environmentally and economically sustainable manner is bound to assume gigantic proportions.
The country has over 5,000 cities and towns, which generate about 40 million tonnes of
municipal solid waste per year.5

The Central Government in exercise of the powers conferred by the Act6 has enacted the
Municipal Solid Waste (Management and Handling) Rules 2000, the Ministry of Environment
and Forests, Government of India in the extraordinary Official Gazette (part II). There are nine
4
N.K. Uberoi, Environmental Studies, 111 (2007).
5
Utpal Goswami and H.P. Sharma, Strategies for Urban Solid Waste Management – A Review, 13(2) EEC 257
(2007).
6
Sections 3, 6 and 25 of the Environment (Protection) Act, 1986.
Rules and IV Schedules. These Rules apply to every municipal authority responsible for
collection, segregation, storage, transportation, disposal and processing of solid wastes. 7 Every
municipal authority shall, within the territorial area of the municipality, be responsible for the
implementation of the provisions of the Rules, and for any infrastructure development for
collection, storage, segregation, transportation, processing and disposal of municipal solid
wastes.8

Municipal authorities shall establish and maintain storage facilities in such a manner as they do
not create unhygienic and insanitary conditions around it.9 Before establishing any landfill site,
baseline data of the ground water quality in the area shall be collected and kept for record for
future reference. The groundwater quality within 50 meters of periphery of landfill site shall be
periodically monitored to ensure groundwater is not contaminated beyond acceptable limit as
decided by Ground Water Board. Such monitory shall be carried out to cover different seasons in
a year that is, summer, monsoon and post-monsoon period.10

Until now, municipal solid waste management has been considered to be almost sole
responsibility of the urban governments, without the participation of the citizens and other stake
holder, the centre and the Supreme Court, however have urged that this issue be addressed with
multiple stake holders participation. Cities in India spent approximately 20 percent of the city
budget on solid waste services.11

Rule 6 provides that the State Board or the Committees shall monitor the compliance of the
standards regarding ground water, ambient air, leachate quality and the Compost quality
including incineration standards as specified in the Schedules II, III and IV. The Central
Pollution Control Board shall coordinate with the State Boards and Committees with particular
reference to implementation and review of standards and guidelines and compilation of
monitoring data.

Management which is an important part in handling of the municipal waste, for this purpose Rule
7 is to be enforced. Any municipal solid waste generated in a city or a town, shall be managed

7
The Municipal Solid Waste (Management and Handling) Rules, 2000, Rule 2.
8
Id, Rule 4.
9
Id, Schedule II (3).
10
Id, Schedule III (23).
11
Civil Services Chronicle, Environmental Pollution Sources and Effects, 101 (2011).
and handled in accordance with the compliance criteria and the procedure laid down in Schedule
II.12 Management of municipal wastes is to be done by, Collection, Segregation, Storage,
Transportation, processing and Disposal of municipal solid wastes.

Rule 8 deals with the Annual Report, the State Board and the Committees shall prepare and
submit to the Central Pollution Control Board an Annual Report with regard to the
implementation of these Rules by the 15 September every year in Form IV. 13 The Central
Pollution Control Board shall prepare the consolidated Annual Review on management of
municipal solid wastes and forward to the Central Government along with its recommendations
before the 15th December every year.

When an accident occurs at any municipal solid wastes collection, segregation, storage,
processing, treatment, and disposal facility or landfill site or during the transportation of such
wastes, the municipal authority shall forthwith in accordance to the Rule 9, Report the accident
in Form V14 to the Secretary in charge of the Urban Development Department in metropolitan
cities, and to District Collector or Deputy Commissioner in all other cases.

THE BIO-MEDICAL WASTE (MANAGEMENT AND HANDLING)

RULES, 1998
12
Management of Municipal Solid Wastes.
13
Format of annual review report to be submitted by the State Pollution Control Board/ Committees to the Central
Pollution Control Board.
14
Form V deals with accident reporting.
Hospitals produce waste, which is increasing over the years in its amount and type. The hospital
waste, in addition to the risk for patients and personnel who handle them also poses a threat to
public health and environment. Bio-Medical waste means any solid or liquid waste which is
generated during the diagnosis, treatment, or immunization of human beings or animals or in
research activities pertaining there to or in the production or testing of biological.15 This waste is
highly infectious can be risk to human health if not managed in scientific manner. Non-liquid
biomedical waste includes human and animal tissues, organs and body fluids, discarded medical
accessories like tubes, intravenous sets, soiled bandages, plastics etc. Liquid waste includes
waste generated from laboratory washings, cleaning, and housekeeping and disinfection
activities.16 The healthcare establishments in the India are not giving due attention to the waste
management. For this purpose notification of the Bio-medical Waste (Handling and
Management) Rules, 1998 was issued, through these Rule, hospitals are slowly streamlining the
process of waste, segregation, collection, treatment, and disposal. Waste management in the
hospitals and health care establishments is being monitored by agencies like State Pollution
Control Boards and licensing authorities of health care establishments. The duty of every
occupier of an institution generating, bio-medical waste which includes a hospital, nursing home,
clinic, dispensary, pathological laboratory, and blood bank by whatever name called to take all
steps to ensure that such waste is handled without any adverse effect to human health and
environment.17 Every occupier, where required, shall set up requisite bio-medical treatment
facilities like incinerator, autoclave, microwave system for treatment of waste, or, ensure
requisite treatment of a waste at a common waste treatment or any other waste treatment
facilities.18

Bio-medical waste is to be disposed of according to colour coding scheme prior to its storage,
transportation, treatment and disposal. The containers shall be labeled as:19

15
Bio-medical Waste (Management and Handling) Rules, 1998, Rule 3(5).
16
Anon, State of Environment of India, 119 (2011).
17
The Bio-Medical Waste (Management and Handling) Rules, 1998, Rule 4.
18
Ibid, Rule 5(2).
19
Id., Schedule II.
Yellow colour: This first category comprises infectious waste such as human tissues, organs and
body parts, animal tissues, carcasses, bleeding parts and discharge from hospitals.

Red colour: It consists of wastes contaminated with blood such as bandages and cotton etc.

Blue colour: It comprises of plastic and glassware including syringes and bottles etc.

Black colour: It consists of discarded medicines and cytotoxic drugs, incineration ash and
chemical waste.

Every hospital generating Bio-Medical Waste needs to set up requisite Bio-Medical waste
treatment facilities to ensure proper treatment of waste. As per the guidelines no untreated bio-
medical waste is to be kept stored beyond a period of 48 hours. The waste disposal method varies
in their capabilities, cost, availability to generation and impacts on the environment. The various
disposal methods include incineration, autoclaving, chemical methods, thermal methods,
ionizing radiation process, deep burial and microwaving. Incineration and autoclaving are
considered traditional methods. The medical waste should be completely free of pathogenic
bacteria for disposal. This would ensure maximum public hygiene quality. Waste minimization is
an important first step in managing wastes safely, responsibly and in a cost effective manner.
This management step makes use of reducing, reusing and recycling principles. There are many
possible routes to minimize the amount of both general waste and biomedical wastes within the
health care or related facility.20 To ensure that bio-medical waste is handled without any adverse
effect to human health and the environment under Rule 4 it becomes the duty of every occupier
of an institution generating bio-medical waste which includes a hospital, nursing home, clinic,
dispensary, veterinary institution, animal house, pathological laboratory, blood bank to take all
steps to minimise the ill effects of the bio-medical waste.

Rule 521 prescribes the methods to be adopted for the treatment and disposal of the bio-medical
waste as accordance with Schedule I22, and in compliance with the standards prescribed in
Schedule V23. According to Rule 5 every occupier , where required, shall set up in accordance

20
G.Y. Shitole and Ram Sable, Environmental Degradation: Issues and Challenges, 323 (2012).
21
Treatment and Disposal.
22
Categories of Bio-Medical Waste.
23
Standards for treatment and disposal of Bio-Medical Wastes.
with the Schedule VI24, requisite bio-medical waste treatment facilities like incinerator,
autoclave, microwave system for the treatment of waste, or, ensure requisite treatment of waste
at a common waste treatment or any other waste treatment facility. Segregation, packaging,
transportation and storage of the bio-medical waste shall be done as prescribed in accordance to
Rule 625; bio-medical wastes shall be segregated into containers/bags at the point of generation in
accordance with Schedule II26 prior to its storage, transportation, treatment and disposal. The
containers shall be labeled according to Schedule III27. Untreated bio-medical waste shall be
transported only in such vehicle as may be authorized for the purpose by the competent authority
as specified by the government. Prescribed authority according to the Rule 7 28 shall be the State
Pollution Control Boards in respect of States and the Pollution Control Committees in respect of
the Union Territories. The prescribed authority shall function under the supervision and control
of the respective Government of the State or Union Territory. The prescribed authority shall on
receipt of Form I29 make such enquiry as it deems fit and if it is satisfied that the applicant
possesses the necessary capacity to handle bio-medical waste in accordance with these Rules,
grant or renew an authorization as the case may be. An authorization for collection, storage,
collection, transportation, treatment, disposal and any form of handling shall be granted for a
period of three years, including an initial trial period of one year from the date of issue.
Thereafter, an application shall be made by the occupier/ operator for renewal. All such
subsequent authorization shall be for a period of three years.

Every occupier/operator under Rule 1030 shall submit an Annual Report to the prescribed
authority in Form II by 31st January every year, to include information about the categories and
quantities of bio-medical wastes handled during the preceding year. The prescribed authority
shall send this information in a compiled form to the Central Pollution Control Board by 31st
March every year. Records are maintained in accordance with rule 1131 with relation to the
generation, collection, reception, storage, transportation, treatment, disposal and / or any form of

24
Schedule for waste treatment facilities like Incinerator/ Autoclave/Microwave System.
25
Segregation, packaging, transportation and storage.
26
Colour coding and type of the containers for disposal of Bio-medical wastes.
27
Label for Bio-medical waste containers/bags.
28
Prescribed authority for enforcement.
29
Application for authorization/renewal of authorization.
30
Submission Annual Report to the Prescribed Authority.
31
Maintenance of Record Relating to Generation, Collection, Storage, transportation, disposal of bio-medical
waste.
handling of bio-medical waste in accordance with these rules and any guidelines issued. When
any accident occurs at any institution or facility or any other site where bio-medical waste is
handled or during transportation of such waste, the authorized person shall report the accident
according to Rule 1232 in Form III33 to the prescribed authority forthwith. The Municipal
Corporations, Municipal Boards or Urban Local Bodies, in accordance to Rule 14 34, as the case
may be, shall be responsible for providing suitable common disposal/ incineration sites for the
bio-medical wastes generated in the area under their jurisdiction and in the areas outside the
jurisdiction of any municipal body.

THE HAZARDOUS WASTE (MANAGEMENT AND HANDLING)

RULES, 1989
32

33

34
The Rules apply to handling of hazardous wastes, wastes arising from ships, radioactive waste
covered under provisions of Atomic Energy Act, procedure for import of hazardous waste. List
of hazardous waste is given and its handling is also prescribed. These Rules aim to deal with the
problem of hazardous wastes comprehensively. Although, the term “hazardous wastes” has not
been defined separately in the Rules, but Rule 3(1) provides that “hazardous waste” means waste
substances, which are generated in the processes as indicated in the Schedule. These Rules were
notified under the Environmental (Protection) Act, 1986. The Rules provide for control for the
generation, collection, treatment, transport, storage and disposal of hazardous wastes. The import
of hazardous wastes from other countries purely for dumping and disposal in India is not
permitted. Non-compliance or contravention of any of these Rules is punishable under the EPA,
1986. Guidelines on the sitting of hazardous wastes and their treatment and disposal facilities
have been provided to industries. Eight extremely hazardous substances- hydrogen cyanide,
carbon disulphide, thionyl chloride, phosgene, ammonia, chlorine, oleum and hydrogen fluoride
have been identified and their use highly restricted in India. With a view to providing immediate
relief to the victims of accidents arising from the handling of hazardous substances, the Public
Liability Insurance Act has been made effective. A set Rule on the transportation of hazardous
chemicals by road has been notified under the Motor Vehicle Rules, 1989. 35 Rule 436 fixes the
responsibility for proper collection, reception, treatment, storage and disposal of hazardous
wastes without any adverse effect on the environment. Rule 4-A describes the responsibility of
the occupier and operator of the facility as follows: (a) Contain contaminants and prevent
accidents and limit their consequences on humans and the environment; and (b) Provide persons
working on the site with information, training and equipment necessary to ensure their safety.
“Proper authorization” by the State Pollution Control Board is really the control mechanism. As
per Rule 5, this authorization letter or permit is issued to a man who is well versed in this
technique and possesses proper and adequate facilities, technical capabilities and equipment to
handle hazardous wastes safely.

35
Satish C. Shastri, Human Rights, Development and Environment Law, 176 (2007).
36
Duty of occupier of an institution generating bio-medical waste.
Further Rule 12 provides that there shall be no import and export of hazardous wastes for
dumping and disposal. However, as an exception, such wastes may be permitted to be imported
only as raw material for recycling or reuse. Such wastes can be used for processing and reuse as
raw material only after procuring a proper permit from the State Pollution Control Board. In such
a case, the exporting country should also inform and seek permission from the Central
Government, which may be granted or refused. The occupier exporting or importing hazardous
wastes from or to India shall comply with the Articles of Basel Convention to which India is a
signatory. Further, the Ministry of Environment and Forests shall be the nodal agency to deal
with transboundary movements of hazardous wastes. 37 The import of hazardous wastes is
prohibited from any country to India for dumping or disposal of such wastes but it may be
allowed for processing or reuse as raw material after examining it on merit by the State Pollution
Control Board.38

THE HAZARDOUS WASTE (MANAGEMENT AND HANDLING

AND TRANSBOUNDARY MOVEMENTS) RULES, 2008
37
H.M. Saxena, Environmental Management, 370 (210).
38
Hazardous Waste (Management and Handling) Rules, 1989, Rule 11.
Hazardous waste means any waste which by reason of any of it physical, chemical, reactive,
toxic, inflammable, explosive or corrosive characteristics causes danger or is likely to cause
danger to health or environment, whether alone or in contact with other wastes and substances.
Sources of hazardous waste include those from industrial processes, mining extraction, pesticide
based agricultural practices etc. Hazardous waste, if not treated and disposed of properly can
adversely affect the soil and water, especially ground water, in the area. Most hazardous wastes
contain heavy metals which are toxic. They enter the human, animal body through food, water,
air or absorption through the skin when they come in contact with humans in agriculture or
industrial settings. They are not metabolized by the body are accumulated in the soft tissues.39

Every person who is engaged in generation, processing, treatment, package, storage,

transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of
hazardous waste shall require to obtain an authorization from the State Pollution Control Board. 40
The occupier, recyclers, re-processors, re-users and operators of facilities may store the
hazardous wastes for a period not exceeding ninety days and shall maintain a record of sale,
transfer, storage, recycling and re-processing of such wastes and make these records available for
inspection.41 Finally the Ministry of Environment and Forests shall be the nodal Ministry to deal
with the transboundary movement of the hazardous wastes and to grant permission for transit of
the hazardous wastes through any part of India. 42 Rule 4 provides the responsibility of the
occupier for handling of hazardous wastes. The hazardous wastes generated in the establishment
of an occupier shall be sent or sold to a recycler or re-processor or re-user registered or
authorized under these rules or shall be disposed of in an authorized disposal facility, and they
shall be from an occupier establishment to a recycler for recycling or reuse or reprocessing or to
an authorized facility for disposal in accordance with the provisions of these rules. It becomes
the duty of the occupier to take adequate steps while handling hazardous wastes that contain
contaminants and to prevent accidents and limit their consequences on human beings and the
environment. Every person who is engaged in generation, processing, treatment, package,

39
Vikas Vishisth, Law and Practice of Environmental Laws in India 281 (2002).
40
The Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008, Rule 5 (1).
41
Id Rule 7.
42
Id Rule 12.
storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the
like of the hazardous waste shall require to obtain an authorization from the State Pollution
Control Board and they may be disposed of only in such facilities as may be authorized by the
State Pollution Control Board for the purpose. Person engaged in generation, processing etc shall
make an application in Form 143 to the State Pollution Control Board for authorization within a
period of sixty days from the commencement of these Rules as provided in Rule 5. Where a
person applied for the authorization for grant/renewal of authorization by State Pollution Control
Board for Occupiers, re-processors, Reusers and Operators of Facilities for Collection,
Reception, Treatment, Storage, Transport and Disposal of Hazardous Waste in Form 2 44 , the
State Pollution Control Board may, after such inquiry as it considers necessary and on being
satisfied that the applicant possesses appropriate facilities, technical capabilities and equipment
to handle hazardous waste safely , grant within a period of one hundred and twenty days an
authorization , which shall be valid for a period for five years and shall be subject to such
conditions as may be laid therein. The State Pollution Control Board may after giving reasonable
opportunity of being heard to the applicant refuse to grant any authorization. Rule 6 provides
that the State Pollution Control Board, may, if in its opinion the holder of the authorization has
failed to comply with any of the conditions of the authorization or with any provisions of the Act
or these Rules, and after giving him a reasonable opportunity of being heard and after recording
reasons in writing cancel or suspend the authorization issued under Rule 4 for such period as it
considers necessary in the public interest. Storage of the Hazardous wastes, for a period not
extending ninety days is provided under Rule 7, person storing the waste shall maintain a record
of sale, transfer, storage, recycling and reprocessing of such wastes and make these records
available for inspection.

THE E-WASTE (MANAGEMENT AND HANDLING) RULES, 2011

43
Application for obtaining Authorization for Collection/Reception/Treatment/Transports/ Storage/ Disposal of
Hazardous wastes.
44
Form for Grant of Authorization for Occupier or Operator Handling Hazardous Wastes.
The contemporary world is “techno-savvy”. In fact, electronics have become an integral part of
twenty first century lifestyle. Electronic consumer goods that have reached their end life or have
become obsolete are tossed on the waste pile only to be replaced by supposedly more
sophisticated goods that will later join their predecessors. Such discards are popularly known as
electronic waste or e-waste. Electronic wastes produce a number of toxic substances like lead,
cadmium mercury, plastics, and more such toxics. 45 These highly toxic substances and chemicals
have an adverse effect not only on the environment, but also on human beings and other living
organisms if not properly handled. Lead can cause brain damage retardation impairment of
cognitive and behavioral development, silicosis; cadmium can cause renal damage; mercury can
lead to inhibition of enzyme activity and cell damage; plastic which constitutes the bulk of e-
waste disposed of through landfills or burning can cause severe ecological damage and
atmospheric pollution.46

As we became more dependent on electronic products to make our lives more convenient, we
also generate a vast amount of electronic waste (e - waste) as we dispose of used and obsolete
products. Electronic waste makes up about 1% to 4% of total municipal solid waste production.
The European Union estimates that electronic and electrical equipment waste is growing three
times faster than municipal solid waste. The revolution in information technology has resulted
in a significant increase in the mass production, consumption and disposal of electronic products
particularly those that have short life spans such as notebook computers and mobile phones. The
legislative lacuna and consumerism set the background for the Union Governments recent draft
guidelines on the disposal of e- waste, which was later termed as the E- Waste (Management and
Handling) Rules 2010 now, these Rules apply across section of society directly involved with
products that generate E-waste as producers, dealers, collection centre, purchase and processing
of electrical and electronic equipments.

In case of transportation of E-waste either for dismantling or for recycling or for final disposal to
a facility existing in a State other than the State where the waste is generated, the transporter
shall obtain no objection certificate from the State Pollution Control Board of the State of

45
Lead and cadmium are found in Printed Circuit Boards, lead oxide in cathode ray tubes, mercury in flat screen
monitors, cadmium in computer batteries, PCB in capacitors and transformers, brominated flame retardant in PCB
and plastic cable castings, PVC in Cable insulations, coatings etc.
46
Available at: http://earthtrends.wri.org/features/ view-feature.php?theme=3&fid=66.
transit.47 Transportation of E-waste through a State other than the State of origin of destination,
the transporter shall intimate the concerned State Pollution Control Board beforehand.48

The E-Waste (Management and Handling) Rules, 201149 shall apply to every producer, consumer
or bulk consumer involved in the manufacture , sale , purchase and processing of electrical and
electronic equipments or components as specified in Schedule-I, collection centre, dismantler
and recycler or e- waste and shall not apply to : (a) Batteries as covered under the Batteries
(Management and Handling) Rules, 2001 made under the Act, (b) Micro and small enterprises as
defined in the Micro, Small and Medium Enterprises Development Act, 2006 and (c) Radio-
active wastes as covered under the provisions of the Atomic Energy Act, 1962 and the Rules
made thereafter. Rule 450 defines the responsibilities of the producer of the electrical and
electronic equipment. Producer shall be responsible for the collection of e-waste generated
during the manufacture of the electrical and electronic equipment and channelizing it for
recycling or disposal. Collection centres or take back systems of e-waste shall be set up
collectively. Contact details such as the address, telephone numbers/helpline numbers of
authorized collection centres to consumers or bulk consumers be given so as to facilitate return
of used electrical and electronic equipments. Awareness about the information on hazards of
improper handling, accidental breakage, damage and /or improper recycling of e-waste ,
instructions for the handling of the equipment shall be made by creating awareness through
publications , advertisements, posters, or by any other means of communication and information
booklets accompanying the equipment.

According to the Rule 551 the collection centre shall ensure that the e - waste collected by them is
stored in a secured manner till it is sent to registered dismantlers or recyclers as the case may be
and further ensure that no damage is caused to the environment during the storage and
transportation on the e-waste. Collection centres is authorized to file annual returns to State
Pollution Control Board or Pollution Control Committee concerned on or before the 30th day of
the June following the financial year to which that return relates and maintain the records of the

47
The E-waste (Management and Handling) Rules, 2010, Rule 19 (2).
48
Id, Rule 19 (3).
49
Vide S.O 1035 (E), dated 12th May, 2011, published in the Gazette of India, extra, Pt. Ii, sec. 3 (ii), dated 12th
May, 2011.
50
Responsibilities of Producer of electrical and electronic equipment listed in Schedule 1.
51
Responsibilities of collection centres to waste collected.
e-waste handled and make such records available for scrutiny by the State Pollution Control
Board or the Pollution Control Committee concerned.

Every dismantler shall in accordance to the Rule 752 obtain authorization and registration from
the State Pollution Control Board, further he must also ensure that no damage is caused to the
environment during the storage and transportation of the e-waste. He must ensure that the facility
and dismantling process are in accordance with the standards or guidelines published by the
Central Pollution Control Board from time-to-time. He must ensure that dismantled e-waste are
segregated and sent to the registered recycling facilities for recovery of the materials. Dismantler
shall file return in Form 353 to the State Pollution Control Board or the Pollution Control
Committee concerned as the case may be on or before 30th June following the financial year to
which that return relates.

Every producer, collection centre, dismantler or recycler may store the e-waste for a period not
exceeding one hundred and eighty days and shall maintain a record of collection, sale, transfer,
storage and segregation of wastes and make these records available for inspection as provided
under Rule 1254.

Rule 1355 provides for the reduction in the use of the hazardous materials in the manufacture of
electrical and electronic equipments. Every producer of electrical and electronic equipment listed
in Schedule I shall ensure that, new electrical and electronic equipment does not contain Lead,
Mercury, Cadmium, Hexavalent Chromium, polylbrominated biphenyls or polybrominated
diphenyl ethers. Such reduction in use of hazardous substances in manufactured or imported
electrical and electronic equipments shall be achieved within a period of two years from the date
of the commencement of these rules.

As provided for the transportation of e-waste under Rule 16, the transportation of e-waste for
final disposal to a facility in a state other than the state where the waste is generated/ collected,
the transporter shall obtain „No Objection‟ Certificate from the State Pollution Control Board
concerned and shall intimate the State Pollution Control Boards of the States of the transit.

52
Responsibilities of dismantler regarding adverse effect on environment and health.
53
Form for filing annual returns submitted by producer/collection centre/ dismantler/recycler by 30th June of the
financial year.
54
Prescribed authority for compliance of the provisions of these rules shall be the State Board.
55
Reduction in the use of Hazardous substances in the manufacture of electrical and electronic equipment.
THE BATTERIES (MANAGEMENT AND HANDLING) RULES,
2001
The Batteries (Management and Handling) Rules, 2001, 56 apply to every manufacturer,
importer, assembler, dealer, recycler, auctioneer, consumer and bulk consumer involved in
manufacture, processing, sale, purchase and use of batteries or components thereof. Through
these Rules it is the responsibility of a manufacturer, importer, assembler and re-conditioner to
ensure that the used batteries are collected back as per the schedule against new batteries sold
excluding those sold to original equipment manufacturer and bulk consumers.57 The
responsibility of the dealer is to ensure that the used batteries are collected back as per the
Schedule against new batteries sold, give appropriate discount for every used battery returned by
the consumer, and ensure that used batteries collected back are of similar type and specifications
as that of the new batteries sold.58

The lead acid battery, which is a source of electrical energy, contains lead metal. The usage of
old batteries after recycling, if not carried out properly, damages the environment. To control the
damage that may be caused to the environment, the Government of India has enacted the
Batteries (Management and Handling) Rules, 2000. Rule 4 casts a responsibility on the
manufacture, importer, assembler, and re-conditioner:

1. To ensure that the used batteries are collected as prescribed against new batteries sold
excluding those sold to the original equipment manufacturer and bulk consumer.

2. To set up collection centres for the used batteries and sent the same to approved recyclers
only.

3. To ensure that no damage to the environment occurs during the transportation and file annual
return.

4. To create awareness of hazards of lead, responsibility of consumers to return their used

batteries only to the dealers, address of dealers and collection centres, use of international
recycling sign on batteries, and bring to the notice of the government any violations.

Responsibilities are imposed on the dealer and recycler to obtain registration and manage the
used batteries as prescribed. It is the duty of the consumer to ensure that used batteries are not

56
Vide S.O. 432(E) dated 16 May 2001.
57
Rule 4(1) of The Batteries (Management and Handling) Rules, 2001.
58
The Batteries (Management and Handling) Rules, 2001, Inserted by S.O. 1002(E), 2010, Rule 7.
disposed of in any manner other than depositing the same with the dealer, manufacturer,
importer, assembler, registered recycler, re-conditioner, or at a designated collection centre.59

The Batteries (Management and Handling) Rules, 2001 shall apply to every manufacturer,
importer, re conditioner, assembler, dealer, recycler, auctioneer, consumer and bulk consumers
involved in manufacture, processing, sale purchase and use of the batteries or components
thereof.

According to Rule- it shall be the responsibility of the manufacturer, importer, assembler and re-
conditioner to ensure that the used batteries are collected back as per the Schedule against the
new batteries sold excluding those sold to original equipment manufacturer and bulk consumers
and shall set up collection centres either individually or jointly at various places for collection of
used batteries collected from the consumers or dealers. He must also ensure that necessary
arrangements be made with dealers for safe transportation from collection centres to the premises
of registered recyclers and must also be aware that no damage to the environment occurs during
the transportation. As per Rule 7, the dealer must ensure that the used batteries are collected back
as per Schedule against the new batteries sold, and he must give appropriate discount for every
used battery returned by the consumer. The dealer shall file half-yearly returns of the sale of new
batteries and buy back of old batteries to the manufacturer by 31 May and 30th November of
every year and must ensure the safe transportation of collected batteries to the designated
collection centres or to the registered recyclers. Each recycler shall apply for registration to the
Ministry of Environment and Forests or an agency designated by it for reprocessing used
batteries and make available all records relating to receipt of used batteries , sources, quantities
and metal yield to be submitted to the State Pollution Control Board for inspection and must
create public awareness through advertisements, publications, posters or others with regard to the
hazards of lead and obligation of consumers to return use batteries only to the registered dealers
or deliver at the designated collection centres. Under Rule 13 the Central Pollution Control
Board shall compile and publish the data received every year from the State Boards, it shall
review the compliance of the rules periodically to improve the collection and recycling of used
lead batteries and appraise the ministry of Environment and Forests, Government of India.

59
P.B. Sahasranaman, Handbook of Environmental Law, 259 (2009).
 THE PLASTIC WASTE (MANAGEMENT AND HANDLING)
RULES, 2011

The use of the plastic bags for the convenience of consumerism has had a deleterious effect on
the environment. In particular, marine wildlife has suffered the most as birds and animals are
suffocated by the bags that are washed into their habitat. Plastics, the wonder materials play an
important part in our life. Its versatility allows it to be used in everything from car parts to doll
parts. At the same time, recycling and disposal of plastic wastes pose environmental and health
hazards. In 1996 Ministry of Environment and Forests, Government of India, set up a National
Plastic Waste Management Task Force for dealing with the various aspects of plastic use,
appropriate technologies for recycling, waste collection and public awareness. The task force
recommended setting up of an Indian Centre of Plastic in Environment (ICPE) to promote and
upgrade the plastic Industry. The Government of India has framed the Recycled Plastics
(Manufacture and Usage) Rules, 1999 for the purpose of regulating the manufacture and use of
recycled, plastics, carry bags which have a self-carrying feature commonly known as vest type
bags or any other features used to carry commodities, such as “D” punched bags. The Rules
prohibit the use of carry bags or containers made of recycled plastics for storing, carrying,
dispensing, or packaging foodstuffs. The minimum thickness of carry bags made of the virgin
plastics or recycled plastics shall not be less than 20 microns. Under the Rule-4 for the
enforcement of the Plastic Waste (Management and Handling) Rules, 2011, related to
registration, manufacture and recycling shall be the State Pollution Control Board and in respect
of the Union Territory shall be the Pollution Control Committee. For the enforcement of the
provisions of these rules relating to the use, collection, segregation, transportation and disposal
of plastic waste, the prescribed authority shall be the municipal authority concerned. Under Rule
5 during the course of the manufacture, stocking, distribution, sale and use of carry bags and
sachets, the conditions are that the carry bags shall either be in natural shade or made using only
those pigments and colorants which are in conformity with Indian Standard: IS 9833:1981 titled
as List of Pigments and colorants for use in plastics in contact with food stuffs, pharmaceuticals
and drinking waste as amended from time to time. it is also provided that no person shall use
carry bags made of the recycled plastics or compostable plastics for storing, carrying, dispensing
or packaging the food stuffs.

Rule 8 prescribes that each plastic carry bag shall have the information printed in English or in
the local language about the name, registration number of the manufacturer and the thickness in
case of the carry bag; name and registration number of the manufacturer in case of the
multilayered plastic pouch or sachet. Each recycled carry bag shall bear the label or a mark
“recycled” and shall conform to the Indian Standard: IS 14534: 1998 titled as the guidelines for
recycling of plastics, as amended from time-to-time. Rule 9 provides for the Registration of
Manufacture and Recyclers as any person manufacturing or proposing to manufacture (plastic
carry bags, multilayered plastic pouch or sachet) or any plastic waste shall apply to the State
Pollution Control Board or Pollution Control Committee for grant of the Registration or Renewal
of Registration for the manufacturing unit. The State Pollution Control Board and Pollution
Control Committee shall not issue or renew a registration for manufacturing or recycling units
unless the unit possesses a valid consent under the Water (Prevention and Control of the
Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act 1981 and Certificate
of Registration issued by the District Industries Centre or any other government agency
authorized in this regard. The registration granted under this Rule shall be valid for a period of
three years, unless revoked , suspended or cancelled, and registration shall not the revoked,
suspended or cancelled without providing the manufacturer an opportunity for a hearing. Every
application for renewal of registration shall be made at least ninety days before the expiry of the
validity of the registration certificate. Rule 12 provides for the Annual Report, each State
Pollution Control Board or Pollution Control Committee shall prepare and submit the Annual
Report to the Central Pollution Control Board on the implementation of the Rules by the 30th
day of September of each year. The Central Pollution Control Board shall prepare a consolidated
Annual Report on the use and management of plastic waste and forward it to the Central
Government along with its recommendations before the 30th day of the December each year.

RADIOACTIVE WASTES

Radioactive wastes, which are generally subject to special Rules, are the products of nuclear
power generation, military sources, and medical, industrial and university establishments. Low
level radioactive wastes include contaminated laboratory debris, biological materials, building
materials and uranium mine tailings. High level radioactive wastes include spent fuel from
nuclear power reactors and liquid and solid residues from reprocessing of spent nuclear fuels.
The disposal of radioactive wastes is generally through storage on land, although it has been
estimated that, between 1949 and 1982, at least 46 PBq of radioactive wastes were disposed of at
sea.60 Radioactive Wastes has been defined by the IAEA Code and by EU law. 61 Radioactive
waste is a hazardous waste material. Such waste can be categorized as low or high level waste.
Low Level Waste: low level radioactive waste usually contains a small amount of radioactivity
dispersed in a large volume of material. Such materials are produced in a great variety of
industrial, medical and research procedures. A common practice is to store these materials in
sealed containers and which their level of radioactivity is low; they can be disposed by burial or
by other traditional solid waste disposal systems. High Level Waste: high level radioactive
wastes consist of materials that contains large amount of radioactivity whose intensity is very
high even for hundreds or thousands of years. They pose a difficult disposal problem. The
primary sources of high level wastes are nuclear power plants and development of nuclear
weapons. In the United States, Congress passed the Nuclear Waste Policy Act in 1982,
emphasising the construction of a high level waste responsibility in the early twenty-first
century. In 1990, the International Atomic Energy Association adopted guidelines for the
transfers of nuclear wastes “for which no use is foreseen” not for spent fuel, which is destined for
reprocessing for the purposes of further usage. These guidelines require the notification and
informed consent of importing and transit countries before the nuclear waste transfer. 62 In the
Area of radioactive waste management, the most significant regulatory development since the
early 1990‟s is the adoption of the Convention on the Safety of Spent Fuel Management and on
the Safety of Radioactive Waste Management adopted in 1997.63 The Convention entered into
force in 2001. The Convention deals with all the steps involved in nuclear waste management
that have to do with the safety of spent fuel and the safety of radioactive waste. The Convention
includes general provisions regarding the importance of building the appropriate legislative and
regulatory framework and the creation of a regulatory body that would deal with waste

60
UNEP, Environmental Data Report (1991), 3rd edn.) 338 and Table 8.11.
61
See Council Directive 94/62/EC on Packaging and Packaging Waste, OJ L365, 31 December 1994, 10, as amended
by Council Directive 2004/12/EC, and Council Directive 2000/76/EC on the incineration of waste, OJ L322, 28
December 200, 91.
62
IAEA, general Conference Resolution on Code of Practive on International Transboundry Movements of
Radioactive Waste, Sept. 21, 1990,
63
Available online at http:// www.ieae.ort/publications/Documents/Conventions.
management.64 Regarding the specific details of radioactive waste transfers, a Resolution was
adopted during the negotiations of the convention. The Resolution confers to the 1990 IAEA
guidelines, the International Maritime Dangerous Goods Code (IMDG), and the IAEA specific
Regulations with regard to the transfers of radioactive material. 65 The Purpose of these IAEA
Regulations is to protect the public from radiations exposure during the transfers of radioactive
material. The Regulations do so by providing specific technological standards that would
achieve, inter alia, the effective confinement of radioactive material, emergency response,
quality assurance, and compliance assurance. Another Convention that could be invoked within
the context of radioactive waste management and transfer but also applies generally to enhance
overall nuclear safety is the Convention on Early Notifications of a Nuclear Accident. 66 The
treaty requires state parties to report on an accident’s location, time, radiations releases, and
other effects. The Convention entered into force in 1986.67

CONCLUSION

Urban society generates and rejects waste material regularly. The burgeoning population makes
the rapid increase in production and consumption; volumes of wastes generated have increased
considerable. Improper management of the wastes results in public health hazards,
environmental pollution, unaesthetic appearance, etc. Most parts of India are not efficient in
64
Art. 18, 19, and 20 of IAEA.
65
IAEA Regulations for the Safe Transport of Radioactive Material (IAEA safety Standards Series, No. TS-R-11,
1996).
66
Convention on Early Notification of a Nuclear Accident, Sept.26, 1986, available on http:
iaea.org/Publication/Documents/Conventions.
67
Elli Louka, International Environmental Law Fairness, Effectiveness and World Order, 436(2006).
handling the waste management. In India waste management is the last priority in municipal
environment services. Hence declining quality of urban environment is a matter of concern and
the importance of efficient solid waste management is to be recognized. Among the various civic
problems, the solid waste management has been identified as important one. It is the today’s
need to develop and adopt efficient solid waste management system to overcome solid waste
crisis. The lack of effective enforcement of environmental Laws, and noncompliance with
statutory norms by polluter resulted in an accelerated degradation of the environment. This large
scale environmental degradation and adverse effects on public health prompted
environmentalists and residents of polluted areas, as well as non-governmental organisation, to
approach the courts, particularly the higher judiciary, for suitable remedies. The constitution
commands the State in Article 48-A and the Citizens in Article 51-a (g) to protect and improve
the environment. There are more than two hundred Central and State statues that have some
bearing on environmental protection. Of these, the most important Statues are the Water Act and
the Environmental Protection Act. However, the Local Laws, the Municipal /Municipal
Corporation Acts do contain provisions for combating pollution at the local level, even though
the word pollution, as such does not find a place in these enactments. Here, the provision which
deal with the prevention and suppression of nuisance are generally aimed at combating pollution,
especially at the local level. It is being increasingly realized in recent times that the problem of
environmental degradation can be effectively managed to a large extent only if tackled at the
local level. Sewage disposal and treatment facilities have not kept pace with growing demands of
urbanization and industrialization. Urban projects are sanctioned and undertaken without any
proper assessment of their impact on the environment. Since these problems manifest themselves
at the local level, an appropriate and effective strategy should be evolved for its management at
the local level. In India, Parliament and State Legislatures have enacted various laws imposing
duties on Central, State Pollution Control Boards and Municipalities for prevention and control
of waste management. The Environment (Protection) Act, 1986 is a powerful weapon in hands of
the government for improving the quality of living, controlling and abatement of waste
management. The Water Act empowers the State Pollution Control Boards to establish and
enforce effluent standards for factories discharging pollutants to the river course. The Central
Board coordinates the activities among the States. The boards control sewage and industrial
effluents discharges by approving, rejecting or conditioning applications for consent to
discharge. Pollution Control measures have been adopted by all countries over the years, with
varying degree of effectiveness. Since 1972, many countries have created environment
departments and agencies to manage the whole spectrum of air and water pollution, solid and
liquid waste disposal, marine pollution and the protection of the environment generally. A
principle adopted by UNCED (the Earth Summit) in 1992 that, in order to protect the
environment, a precautionary approach should be widely applied. The Rio Declaration on
Environment and development (principle 15 ), interprets the precautionary approach as meaning
that where there are threats of serious or irreversible damage to the environment, lack of full
scientific certainty should not be used as a reason for postponing accost effective measures to
prevent environmental degradation.