Waste Management Laws in

India
In this blog post, Pramit Bhattacharya, Student, Damodaram Sanjivayya
National Law University writes about the various laws which are existing in
India to regulate management of waste in India.

With the increasing industrial growth and development, one of the

consequences we often seem to ignore is the generation of waste. If the
disposal of such wastes is not regulated and managed properly, it can lead to
serious environmental issues. Also, keeping in line with the principle that
development and sustainability should go hand-in-hand, it is necessary that
a robust system of waste management is set up. In our country, waste
management is governed by Ministry of Environment, Forest and Climate
Change (MoEF) who work together with State Pollution Control Board set up
in various States. Certain laws are also present in the legal setup which helps
in regulation of waste in India. The National Environment Policy, 2006 laid
emphasis not only on disposal of waste but also recycling and treating waste.
[1] Let us now look at some of the laws, which are there for the purpose of
waste regulation.

 The Environmental Protection Act

This Act was enacted in 1986, and it aims to establish a sufficient protection
system. This Act confers powers to the Central Government to regulate all
forms of waste. It is one of the primary legislatures to protect the
environment and regulation of waste. Some of the important provisions of
this Act is given as under-

1. Section 7 of this Act places a principal prohibition on harming the

environment by stating that no person carrying any activity should emit
 or discharge environmental pollutants in excess of the prescribed
standards.
2. Section 9 of the Act states that if any event takes place which harms
the environment through any foreseen or unforeseen event, the person
responsible for the harm is duty bound to prevent or alleviate the
pollutant, discharged as a result of such event. The person is also
obliged to inform the proper authorities about the event which may
harm the environment.

*Polluter Pays Principle– Section 9 (3) of the Act embodies the “Polluter
Pays Principle” which states that any expense which has been incurred to
restore the environment to its natural state shall be paid by the person who
is responsible for such degradation. This concept of a continuing punishment
is very important.

3. The Act also contains provisions which remove the corporate veil. In
case any environmental offense was committed by a company, with the
connivance or consent of any director, manager, secretary or any other
officer of the company, they’ll be help personally liable for committing
offenses in the name of the company.
4. Environmental Protection Rules-Commonly known as the
Environmental Protection Rules, 1986, these rules were formulated by
the government under the power conferred to them by the
Environmental Protection Act. Through these powers, the government
has the authority to give specific directions, without changing the
principle Act.

 The Hazardous Wastes (Management, Handling and

Transboundary Movement) Rules, 2008

Management of hazardous waste is a very complex issue. Certain rules and

regulations are required, which together form the legal regime. The Rules
places an obligation on the occupier of hazardous to safe and sound handling
of environmental waste. The occupier is that person under whose charge
there is a plant or unit or factory which produces hazardous waste as a result
of their operation. The occupier must sell or send the hazardous waste to a
re-processor or recycler, who is authorized by the government to dispose of
the waste in a safe manner. Any person who is engaged in storage, package,
collection, destruction, conversion, processing, etc., also has to take
authorization for the State Pollution Board.

The recyclers, occupiers, re-users, re-processors can store the waste for up
to 90 days.[2]

Sale or transfer of hazardous waste can be done only after obtaining a valid
registration form Central Pollution Control Board (CPCB). Use of the waste as
a source of energy also requires registration from the CPCB.

The trans-boundary shipment of hazardous waste is regulated by the Basel

Convention, to whom India is a signatory. Import of hazardous waste for
disposal in India is prohibited by law, although import for the purpose of
reuse, recovery as an energy source and recycling is allowed subject to
certain restrictions. India allows for the export of hazardous waste but only
with the prior informed consent of the importing country.

 The Plastic Waste (Management and Handling) Rules, 2011

The PWM Rules are set of regulatory framework set up to control the use,
manufacture, and recycling of plastic waste. Plastic waste includes any
plastic product which has been discarded after it use of end of the products
life.[3] The Rule has uniform applicability towards all distributors, users,
retailers and manufacturers of plastic products. Rule 9 makes it compulsory
for every manufacturer of plastic products and recycler to obtain registration
from State Pollution Control Board. This registration has to be renewed every
three years. Rule 10 states that no retailer can provide plastic bags free of
cost. This is done to ensure that people use plastic bags judicially. The PWM
rules also specify details of plastic products such as the classification of the
types of plastic like compostable, recyclable or virgin plastic, thickness, and
color.
Recycling of plastic products is to be done in a fixed procedure laid down by
Bureau of Indian Standard Specification.

 Bio-Medical Waste (Management and Handling) Rules, 1998

The aim of these Rules is to ensure that bio-medical wastes are safely
disposed of. Bio-medical waste can be defined as any waste or byproduct
generated during treatment, immunization and treatment of human beings or
animals or in research activities.[4] Schedule I of the Rules, differentiates
biological wastes into different categories like microbiological and
biotechnological, human anatomical, animal anatomical, discarded medicines,
chemical related waste, etc.

The BMW Rules apply to various institutions like nursing homes, animal
houses, veterinary homes, blood banks, dispensaries, pathological
laboratories, etc.[5] the BMW Rules prohibit mixing of biological wastes with
any other type of wastes. The general rule provided is that bio-medical
wastes can’t be kept stored beyond the period of 48 hours without being
treated. Rule 8 (1) requires every occupier or any institution which is dealing
with biological waste to take an authorization form the State Pollution Control
Board. Further, according to Rule 5 (2), all institutions covered under the
rules are to mandatorily set up treatment facilities like microwave system,
autoclave, etc.

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

The prime aim of the EWM is to put in place a system which manages e-
waste in an environment-friendly way by regulating the issue of recycling
and disposal of e-waste.[6] E-waste management is a problematic issue in
India. With the growing economy and the technological advancement, India
is becoming a hub for the IT Sector. This creates a lot of e-waste, disposal of
which is necessary. A lot of e-waste also gets illegally imported into India,
which worsens the problem. The E-waste Rules apply manufacturer and
consumer. It is important to note that there are bulk consumers of electronic
products also. There are many big corporate houses, who have fully
automated their system and use a lot of electronic devices to meet their
purposes. Factories are also considered as bulk customers.[7]

E-waste defined under the Rule 3 (k) means any electronic or electrical
equipment which has been rejected after use or have been discarded. The
byproducts which are discarded during the manufacturing process also falls
under this category. The producer of electronic and electrical goods must
obtain permission from State Pollution Control Board under rule 4. E-waste
Rules also delineate the responsibilities of collection centers, consumers, bulk
consumers, dismantlers, and recyclers.

 The Batteries (Management and Handling) Rules, 2001

The Batteries Rules were notified to set up a mechanism in place which dealt
with the disposal of lead acid batteries. The Rules apply to every
manufacturer, recycler, dealer, importer, assembler, bulk consumer (like
organizations and department purchasing more than 100 batteries) and
consumers.[8] Rule 10 makes it compulsory for every consumer to deposit
the used batteries back with the dealer, manufacturer, recycler or labeled
collection centers. Bulk consumers are also required to file half-yearly returns
with the State Pollution Control Board, about the usage. Under Rule 6, if a
recycler wants to import used batteries in India, for the purpose of recycling,
he must first obtain Custom clearance. Additionally, import of batteries will
be allowed only upon producing valid registration with Reserve Bank of India
and MoEF and providing an undertaking in prescribed format along with a
copy of the latest half-yearly return.

Concluding Remarks

With the increasing industrial activities, the need for maintaining a balance
between economic growth and environment protection grows. There is an
increased focus towards the concept of sustainable development, wherein,
both the objectives can be fulfilled simultaneously without hampering the
other. Compliance with environmental norms also builds a better brand
image of the organization. Apart from that, the rules and laws regarding the
management of waste and protection of the environment have become more
stringent. No laxity is accepted in the obligation of functioning in an
environment-friendly manner. If organizations do not follow the provided
norms, their right to carry out business operations can also be revoked by
the State. To avoid such sanctions, it is important that organizations
approach the issue of environment protection and waste management in an
efficient way, and help the society as a whole to develop in a manner, which
is sustainable in the longer run.

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References:
 
[1] http://www.tnpcb.gov.in/pdf/nep2006e.pdf

[2] The State Pollution Board may extend the duration allowed for the
storage.

[3] Rule 3(m) of the PWM Rules

[4] Biological is defined under Rule 2(6) to mean any preparation made from
organisms, micro-organism, product of metabolism and biochemical reactions
intended for use in the diagnosis, immunization or the treatment of human
beings or animals or in related research work,  Rule 2(5) of BMW Rules
 

[5] Rule 2(8) of BMW Rules

[6] Environmentally sound e-waste management is taking of all steps

required to ensure that e-waste are managed in a manner which shall protect
health and environment against any adverse effects which may result from
hazardous substance contained in such e-wastes

[7] Rule 2 of the E-waste Rules

[8] Rule 2 of the Batteries Rules

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India: Waste Management In India: An

Overview
11 May 2015

by Arya Tripathy

PSA

Your LinkedIn Connections
with the authors
Introduction

An inevitable consequence of development and industrial progress is generation of waste.

Therefore, efficient waste management is a matter of international concern and countries
have set up robust regulatory waste management regimes for balancing the objectives of
development and environment sustainability. In India, the National Environment Policy, 2006
while suggesting measures for controlling various forms of environmental pollution lays
emphasis on the need for collection and treatment systems for recycling wastes and
devising measures for environmentally safe disposal of residues.1 In India, waste
management is governed by various sub-ordinate legislations and the Ministry of
Environment, Forest and Climate Change, Government of India ("MoEF") in conjunct with
State Pollution Control Boards of different states ("SPCB") administer the gamut of waste
management regulations. This bulletin aims at providing an overview of the various rules
governing waste management in India and the issues faced in their compliance.

1. Regulatory Regime for Waste Management

Indian waste management rules are founded on the principles of "sustainable development",
"precaution" (measures should be taken to avoid environmental degradation and hazards)
and "polluter pays" (polluter must bear costs for damages and harm caused to environment
by his own acts). These principles form an integral part of Indian environmental law
jurisprudence, as observed by the Supreme Court of India in various decisions.2 These
principles mandate companies and industrial units to act in an environmentally accountable
and responsible manner and for restoring the balance, if the same has been disrupted by
their business processes. Bearing the essence in mind and the increased levels of waste
generation as a by-product of development, various sub-ordinate legislations for regulating
the manner of disposal and dealing with generated waste are made by MoEF under the
umbrella law of Environment Protection Act, 1986 ("EPA").

Section 6 empowers MoEF to make rules on a wide array of issues such as standards for
ensuring environmental soundness, allowable limits for emission of environmental pollutants,
manner of dealing with hazardous substances, location of industries and their functioning,
and measures for prevention of environmental accidents and hazards. Specific forms of
waste are the subject matter of separate rules and trigger separate compliances, mostly in
the nature of authorizations, maintenance of records, and adequate disposal mechanisms.
Some rules have specific consequences for breach, while in case of some, the general
penalty under EPA applies which involves imprisonment of person-in-charge (director,
manager, officer of a company with whose consent or connivance the breach occurred) up to
5 years and/or fine up to INR 100,000 (US$ 1574).3 A brief overview of the various rules is
provided below.

1.1 Bio-medical Waste (Management and Handling) Rules, 1998

The Bio-medical Waste (Management and Handling) Rules ("BMW Rules") regulate the
manner of disposal of bio-medical wastes ("BM Waste") and provide a detailed framework
for the processes and mechanisms to be followed for their effective disposal. BM Waste
means any waste generated in health care processes like diagnosis, treatment or
immunisation of human beings or animals, research activities concerning production or
testing of 'biological'4,5 Schedule I further provides categories of BM Waste such as human
anatomical, animal, microbiological and biotechnology, discarded medicines, cytotoxic
drugs, incineration ash, chemical related waste. The BMW Rules are applicable to a wide
array of institutions such as hospitals, nursing homes, clinics, dispensaries, veterinary
institutions, animal houses, pathological laboratories, and blood banks.6 Rule 8(1) requires
every occupier7 of an establishment generating, or dealing in BM Wastes in any other
manner, and of a treatment facility to make an application for authorization from SPCB. The
authorization granted is for 3 years after which it must be renewed. As per the BMW Rules,
every occupier must take all necessary steps to ensure that BM Waste is (i) handled in a
manner not causing any adverse effect to human health and environment, (ii) segregated in
containers at point of generation, (iii) handled and disposed off in accordance with
prescribed standards. Further, as per Rule 5(2), all covered institutions are mandated to
either set up treatment facilities like incinerator, autoclave, microwave system, or to ensure
that all BM Waste is treated at a common waste treatment facility. An annual return has to
be sent in prescribed format by January 31 to SPCB providing details of categories and
quantities of BM Waste handled. There is no specific penalty provided and hence, non-
compliance will invoke general penalty under EPA i.e. imprisonment of occupier up to 5
years and/or fine up to INR 100,000 (US$ 1574).

1.2 The Batteries (Management and Handling) Rules, 2001

The Batteries (Management and Handling) Rules ("Batteries Rules") was notified to effect a
regulatory mechanism for dealing in and disposal of used lead acid batteries and their
components. The Batteries Rules apply to every manufacturer, importer, reconditioner,
assembler, dealer, recycler, auctioneer, bulk consumer (like departments, organisations
purchasing more than 100 batteries) and consumer.8 The scope of duties of each type of
entity is provided in detail to ensure collection, recycling, transportation and sale of batteries.
For instance, Rule 10 mandates that all consumers deposit used batteries with dealer,
manufacturer, importer, assembler, recycler, re-conditioner or designated collection centres.
Further, bulk consumers are required to file half-yearly returns with SPCB. Rule 6 requires
that for importing batteries from other countries for recycling in India, prior customs
clearance must be obtained. Additionally, import of batteries will be allowed only upon
producing valid registration with Reserve Bank of India and MoEF and providing an
undertaking in prescribed format along with a copy of the latest half-yearly return.
Noncompliance with the BMW Rules also attracts punishment under the EPA whereby the
person-in-charge may be imprisoned for up to 5 years and/or fined up to INR 100,000 (US$
15574).

1.3 The E-waste (Management and Handling) Rules, 2011

The E-waste (Management and Handling) Rules, 2011 ("E-waste Rules") aim at putting in
place an environmentally sound e-waste management system9 by regulating issues of
disposal, import and recycling of e-wastes. The E-waste Rules apply to every producer,
consumer or bulk consumer (including factories under Factories Act) involved in the
manufacture, sale, purchase, and processing of electrical and electronic equipment or
components, along with all collection centres, dismantlers and recyclers of e-waste.10 E-
waste is defined under Rule 3(k) to mean waste electrical and electronic equipment, in whole
or part or as rejects in the manufacturing and repair process which are discarded. As per
Rule 4, the producer of electrical and electronic equipments must obtain authorization from
SPCB, and is responsible for collection of e-waste generated in the manufacturing
processes or after end-of-life as part of extended producer responsibility11, setting-up
collection centres, financing costs involved for recycling, creating awareness, and
maintaining records and filings. The E-waste Rules also delineate the responsibilities of
collection centres, consumers, bulk consumers, dismantlers and recyclers. The rules also
provide for the manner of storage, transportation, recycling of e-wastes, procedure for
obtaining registration, maintaining of records, etc. Non-compliance with the provisions of E-
waste Rules may result in cancellation or suspension of the authorization.

1.4 The Plastic Waste (Management and Handling) Rules, 2011

The Plastic Waste (Management and Handling) Rules, 2011 ("PWM Rules") set up a
regulatory framework for manufacture, usage and recycling of plastic bags to ensure
management of plastic waste. Plastic waste means any plastic product such as carry bags,
pouches, etc. which has been discarded after use or end-of-life.12 The rules are applicable to
all manufacturers, stockists, distributors, retailers and users of plastic products. Rule 9
mandates every manufacturer of plastic carry bags, multilayered pouches or sachets and
every recycler to seek registration with SPCB. Such registration is valid for a period of 3
years. Further, in order to ensure that price is paid for usage of plastic, Rule 10 states that
no retailer can provide plastic carry bags free of cost. Further, the PWM Rules detail aspects
of plastic bags such as thickness, colour, classification into virgin or recyclable or
compostable plastics, and responsibilities of municipal authorities. There is no specific
penalty provided for non-compliance and thus, penalty under EPA will apply as per which the
person-in-charge may be imprisoned for up to 5 years and/or fined up to INR 100,000 (US$
15574).

1.5 The Hazardous Wastes (Management, Handling and Transboundary Movement)

Rules, 2008

The Hazardous Wastes (Management, Handling and Transboundary Movement) Rules,

2008 ("HWM Rules") were framed for regulating generation, storage, reuse, recycling,
import, transportation and treatment of hazardous wastes. India signed and ratified the Basel
Convention, 1992 dealing with transboundary movement and disposal of hazardous waste.
The restrictions on cross-border transportation of hazardous waste for purposes of recycling
as provided in the Basel Convention are incorporated in the HWM Rules. Rule 2(l) defines
hazardous waste as any waste which by virtue of its physical or other characteristics
(described as chemical, toxic, inflammable, reactive, explosive, etc.) causes or can cause
danger to health or environment, either standalone or in combination with other substances.
A list of processes generating hazardous waste is identified in Schedule I which inter-alia
includes industries engaged in petro-chemicals, oil & gas, petroleum, mines and minerals,
zinc, copper, lead based production, textiles, steel, asbestos, electronic, tannery, etc. Every
occupier of a factory under Rule 5(1) is required to obtain authorization from SPCB, and will
be responsible for safe and environmentally sound handling of hazardous wastes generated
in the establishment. As such it is mandated that every occupier must (i) sell hazardous
waste only to a registered recycler, (ii) transport such waste in the manner prescribed, (iii)
prevent accidents, and (iv) increase awareness.13 Further, the occupier has to file annual
returns and maintain records regarding generation of hazardous waste in prescribed forms.

Hazardous waste treatment is a flourishing industry in India and large quantities of such
waste are imported for recycling and treatment. With the objective of regulating illegal traffic
of hazardous wastes, it is provided under Rule 17 that prior permission of Central
Government must be obtained for importing such waste and further, the import must conform
to the shipping details. In the event that the permission is obtained through fraudulent means
or the import results in dumping of waste in breach of Basel Convention and the general
principles of international environmental law (such as sustainable development), inference of
illegal traffic would be drawn. The rules provide for detailed responsibilities for the concerned
parties with respect to recycling, storing, importing, exporting, transporting and labelling of
hazardous waste. Non-compliance vests SPCB with the power to cancel and suspend the
authorization issued.

2. Issues faced by industries

Various practical problems emerge in the implementation of these rules. The applicable law
is spread over a number of rules. These rules mandate separate authorizations for each
scenario. It would have been far easier to adhere with conditions and comply with applicable
law, if a unified legislation was notified and requirement for a single license for disposal of
different kinds of wastes was put in place. Another issue faced by industrial units is the
unreasonably long time taken by SPCB and its officials to issue or renew authorizations.
Once the application is made, there is no mechanism through which status of processing of
applications can be tracked. More often than not, facilitatory payments are resorted to obtain
permits and this acts as a major disincentive. Further, there is lack of predictability regarding
the regulatory approach of various SPCBs resulting in speculative risk assessment. Large
part of inspection by SPCB is aimed at big industrial units who are put under constant
scrutiny while small and medium enterprises are left to function in a lackadaisical manner.
There is no uniform set of conditions which are imposed under authorizations for all
categories of entities and this results in absence of a nationwide monitoring mechanism for
compliances. There are no reliable statistics on the exact number of prosecutions and
revocations of authorizations, although generally industry intensive states are more proactive
in enforcing the legal mandate. There is also a lack of professional environmental audit firms
specialising in risk assessment involved in setting up business units at particular places.
These all contribute to invoke scepticism in investors. Furthermore, maintenance of records
and filings with SPCB are yet to be adapted into an IT enabled system and the physical
maintenance becomes a mammoth task due to the sheer volume.

Conclusion

There is an increased focus from regulators towards the need for sustainable environment
and the same is evidenced from the new Companies Act which requires certain companies
to compulsorily carry out corporate social responsibility activities, including environmental
development. In order to avoid adverse consequences such as revocation of authorization or
prosecution, it is advisable that periodic internal audits and checks are conducted for
identifying non-compliances and addressing them efficiently. Further, compliance with
applicable environmental laws works to build brand image and product value, for acting in an
environmentally responsible manner.

Footnotes

1. See generally the National Environment Policy, 2006 available at http://www.tnpcb.gov.in/pdf/nep2006e.pdf (last
accessed May 01, 2015)

2. M.C. Mehta v. Union of India AIR 1987 SC 965, Vellore Citizens Forum v. Union of India AIR 1996 SC 2715

3. US$1 = INR 64 approximately

4. Biologicals is defined under Rule 2(6) to mean any preparation made from organisms, micro-organism, product of
metabolism and biochemical reactions intended for use in the diagnosis, immunisation or the treatment of human beings
or animals or in related research work

5. See Rule 2(5) of BMW Rules

6. See Rule 2(8) of BMW Rules

7. As per Rule 2(8) of BMW Rules, occupier is the person who has control over the institution and its premises

8. See Rule 2 of the Batteries Rules

9. Environmentally sound e-waste management is taking of all steps required to ensure that e-waste are managed in a
manner which shall protect health and environment against any adverse effects which may result from hazardous
substance contained in such e-wastes

10. See Rule 2 of the E-waste Rules

11. Extended producer responsibility means responsibility of producer beyond manufacturing till environmentally sound
management of their end-of-life products

12. See Rule 3(m) of the PWM Rules

13. See Rule 4 of the HWM Rules

The content of this article is intended to provide a general guide to the subject matter.
Specialist advice should be sought about your specific circumstances.

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Arya Tripathy

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