Submitted by:WMP 11001 Aditi SrivastavaWMP 11002 Aditya Kumar

WMP 11003 Alok GoelWMP 11033 Pranav Pahwa

Note – This document is highly confidential and is not meant to be circulated without prior written permission from the above authors.

Solid Industrial Waste Management and LawLegal Aspects of Management (LAM) Project Report

1

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

SOLID INDUSTRIAL WASTE MANAGEMENT AND LAW

Legal Aspects of Management (LAM) Project Report

CONTENTS

S.No. Contents Page

1. Introduction 2

2. Status of the problem : local, national & International 3

3.Adequacy of Legal and regulatory measures adopted to control

and prevent the problem8

4.Effectiveness of Enforcement mechanism to deal with the problem/

implementation realties19

5.Judicial Approaches to deal with problem with the help of High

Courts and Supreme Court Judgments20

6. Role of NGOs/Civil Society Groups 28

7. Conclusion & Suggestions 30

8.How and to which extent the project is relevant for you as a

potential global business manager / entrepreneur/ decision maker32

2

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

1. Introduction

Rapid industrialization, urbanization and rise in living standards of people is most

commonly associated with the problem of environmental pollution. For developing

countries, industrialization is a necessity and demands to build self-contained uplifting of

nation’s economy. However, industrialization on the other hand has also caused serious

problems relating to environmental pollution. Therefore, wastes seem to be a by-product

of growth.

With increasing demand for raw materials for industrial production, the non-renewable

resources are diminishing day-by-day. Therefore, efforts are to be made for controlling

pollution by conversion of these unwanted wastes into functional raw materials for

constructive use. Disposal of industrial solid waste is concomitant to lack of

infrastructural facilities and negligence of industries to take proper safeguards. Studies

show that the large and medium industries located in recognized industrial areas still

have some arrangements to dispose solid waste.

The problem continues with small scale industries. There are no regulatory measures in

these industries find it easy to dispose waste illegally which makes it difficult for local

bodies to collect such waste. In some cities, industrial, residential and commercial areas

are mixed and thus all waste gets intermingled. Therefore, it becomes necessary that

the local bodies along with State Pollution Control Board (SPCB) work out requisite

strategy for organizing proper collection and disposal of industrial solid waste.

Management of Industrial Solid Waste (ISW) is not the responsibility of local bodies.

Industries generating solid waste have to manage such waste by themselves and are

required to seek authorizations from respective State Pollution Control Boards (SPCBs)

under relevant rules. However, through joint efforts of SPCBs, local bodies and the

industries, a mechanism could be evolved for better management.

1.1. Why regulations are needed to manage industrial solid waste?

3

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

1.1.1. Protecting human health and the environment - Regulations are needed to

promote sound industrial waste management that protects human health and the

environment. Multi-media approach is used which emphasizes surface-water,

ground-water, and air protection, and presents a comprehensive framework of

technologies and practices that make up an effective waste management

system.

1.1.2. Tailoring management practices to risks - There is enormous diversity in the

type and nature of industrial waste and the environmental settings in which it is

managed. Regulations provide a framework along which industries could align

themselves to manage solid waste.

1.1.3. Affirming state and community leadership - States, communities, and some

local governments have primary responsibility for adopting and implementing

programs to ensure proper management of industrial waste. Individual states or

communities might have more stringent or extensive regulatory requirements

based on local or regional conditions or policy considerations. Facility managers

and the public should consult with the appropriate regulatory agency throughout

the process to understand regulatory requirements.

2. Status of the problem: local, national & international

2.1. Local and National Problems

Some of the key factors in assessing industrial solid waste management problem

greatly varies depending on the nature of the industry, their location and mode of

disposal of waste. Consecutively, for arriving at an appropriate solution for better

management of industrial solid waste, valuation of nature of waste generated is also

essential.

Industries are required to collect and dispose of their waste at specified disposal sites

and such collection, treatment and disposal is required to be monitored by the

4

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

concerned State Pollution Control Board (SPCB) or Pollution Control Committee (PCC)

in Union Territory.

The following problems are generally encountered in cities and towns while dealing with

industrial solid waste:

No specific disposal sites for industries to dispose their waste;

Small scale industries generating solid waste in city and town do not seek

consents of SPCBs/PCCs ;

Industries are located in non-conforming areas and as a result they cause water

and air pollution problems besides disposing solid waste.

No adequate facilities for Industrial estates located in city which limits them to

organize their collection, treatment and disposal of liquid and solid waste;

There is no regular interaction between urban local bodies and SPCBs/PCCs to

deal such issues relating to treatment and disposal of waste and issuance of

licenses in non-conforming areas

The major issues of concern for hazardous wastes in India are import, illegal

dumping sites and in-complete data on generation and disposal of hazardous

wastes in the country. Industrial incinerators in use are generally not efficient and

are merely a combustion chamber and source of emission of dioxins and furans.

Hazardous wastes are considered very harmful to man and environment. These

wastes pose a severe environmental hazard to the human health and to various

components of environment, viz. soil, air or water12.

2.1.1. Industrial Solid Waste in India

Predominant initiators of industrial solid wastes are the thermal power plants producing

coal ash, the integrated Iron and Steel mills producing blast furnace slag and steel

melting slag, non-ferrous industries like aluminum, zinc and copper producing red mud

and tailings, sugar industries generating press mud, pulp and paper industries

producing lime and fertilizer and allied industries producing gypsum.

5

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

Table 1: Source and Quantum of generation of some major industrial waste (R.1)

S.No. Name

Quantity(million tonnes/ annum)

Source/Origin

1 Steel and Blast furnace 35 Conversion of pig iron to steel and manufacture

of Iron

2 Brine mud 0.02 Caustic soda industry

3 Copper slag 0.0164 By product from smelting of copper

4 Fly ash 70 Coal based thermal power plants

5 Kiln dust 1.6 Cement plants

6 Lime sludge 3 Sugar, paper, fertilizer tanneries, soda ash, calcium carbide industries

7 Mica scraper waste 0.005 Mica mining areas

8 Phosphogypsum 4.5 Phosphoric acid plant, Ammonium phosphate

9 Red mud/ Bauxite 3 Mining and extraction of alumina from Bauxite

10 Coal washery dust 3 Coal mines

11 Iron tailing 11.25 Iron Ore

12 Lime stone wastes 50 Lime stone quarry

2.2. International Problems (North America)

Industrial pollution and waste pose potential threats to human and ecological health if

not properly managed. The concerns range from toxic effects on fetuses and children to

the health implications of low-level exposures to multiple pollutants and the degradation

of habitats and ecosystems. These concerns do not stop at the borders, because some

6

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

pollutants can travel long distances and waste is shipped to recycling and disposal sites

across political boundaries.

2.2.1. Health and Environment

The pollution and waste tracked through Pollutant Release and Transfer Registers

(PRTRs) and regulated by environmental laws in North America are those the national

governments have identified as raising concerns about human health or the

environment. The effects of certain toxic chemicals on the health and development of

children and other vulnerable groups are of a special concern.

Researchers describe “windows of vulnerability” during fetal and child development in

which toxic exposures can have particularly devastating effects. Although the traditional

focus has been on overt health effects such as cancer, scientists are increasingly

worried about the more subtle effects of low-level toxic exposures, such as impairments

in endocrine and neurological functions. (R.2)

2.2.2. Long-range Transport

Since pollutants travel through the air and water to cross national borders and wastes

are shipped across borders for recycling, Industrial pollution and waste disposal

become critically important in the North American context. The deposition of persistent

contaminants in the distant north, in locations far from industrial sources, attests to the

ability of pollutants to travel far from their points of origin. The industrial pollution and

waste released into rivers or water bodies that span political boundaries, such as the

Great Lakes and the New River which runs from Baja California into California, is also a

shared concern, especially the effects of persistent bio-accumulative toxic substances

(PBTs). (R.3)

2.2.3. Waste Management

Municipal waste incineration, medical waste incineration, burning of hazardous wastes

in cement kilns and backyard waste burning were among the top sources of dioxins,

7

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

according to US and Canadian inventories. Dioxins, like some other PBTs, can be

dispersed long distances by air currents and other environmental pathways and tend to

settle in colder regions. Therefore, decisions on how to manage wastes have

environmental implications

Many factors influence the waste management decisions. Few of them are:

(i) The regulatory requirements governing the management of hazardous wastes c.

For example, such regulations may inhibit recycling by facilities because of

concerns about higher compliance costs.

(ii) Jurisdictional differences in regulatory requirements, in addition to differentials in

waste management pricing, can also influence decisions about where and how

wastes are managed. Whatever the differences, it is true that North American

companies ship hundreds of thousands of tons of hazardous waste each year

between Canada, Mexico and the United States.

(iii) When wastes are sent to other jurisdictions for recycling, treatment or disposal,

the waste shipments must be transported along roads and railways and through

populated areas before reaching their final destinations.

2.2.4. Economic Costs

Wasted lead to inefficiency in industrial production apart from the potential effects on

humans and the environment:

(i) Wastes impose costs on facilities; they must pay for waste management,

regulatory compliance and underutilized material inputs.

(ii) From a societal perspective, the economic costs include paying for cleaning up

contaminated sites, regulating waste-generating industries and ensuring

medical treatment for the adverse effects of environmental exposures.

(iii) The nonmonetary costs include the depletion of nonrenewable resources,

consumptive land use and degradation of ecosystems.

(iv) Companies and jurisdictions are increasingly striving to decouple waste

generation from economic productivity.

8

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

(v) PRTR data demonstrate that facilities undertaking pollution prevention activities

are able to reduce their wastes faster than those who do not.

(vi) Reducing waste does not require reducing economic activity. California has the

largest subnational economy in North America, but ranks thirtieth among states

and provinces in total releases of toxic chemicals. (R.4)

3. Adequacy of Legal and regulatory measures adopted to control and prevent the problem

3.1. The Environmental Protection Act Enacted in 1986

The Environment Protection Act aims to establish a sufficient protection system for the

environment. It gives the power to the central government to regulate all forms of waste

and to tackle specific problems that may present themselves in different regions of

India. It is the primary legislation that must be considered and contains important

provisions concerning the Environment. The following provisions are the rules which are

of relevance to Companies aiming to undertake an industrial process in India: (R.5)

3.1.1. Harm to the Environment

The primary prohibition, which echoes the Constitutional provision prohibiting harm to

the environment, is contained in Section 7 which establishes that,

No person carrying on any industry, operation or process shall discharge or emit or

permit to be discharged or emitted any environmental pollutants in excess of such

standards as may be prescribed.

3.1.2. Information on Accidents and Spillages

Section 9 concerns the furnishing of information in the case of accidental spillages:

Thus where any environmental damage occurs is foreseen to occur due to any accident

or other unforeseen act or event, there is a duty on the person who is either responsible

for the discharge or the place where such discharge occurs to prevent or mitigate the

9

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

environmental pollution caused as a result of such discharge. He must immediately

inform the authorities or agencies. If called upon, he shall be bound to offer assistance

to said authorities.

3.1.3. Polluter Pays Principle

Section 9(3) also contains an embodiment of the ‘Polluter-Pays’ principle, since it

explains that the expenses and any interest accrued may be recovered by the Authority

together with interests arising from the date of violation. This concept of ‘continuing’

punishment is an important one, since it establishes harsh penalties for the state of

continuation. The punishment laid down for the is imprisonment for a term which may

extend to five years and a fine of up to `100,000 and the possibility of an additional fine

of `5,000 for every day where the offence is continued

3.1.4. Lifting of the Corporate Veil

Of relevance to companies are the provisions on the ‘lifting of the corporate ‘veil’. Thus,

where an environmental offence is committed with the consent or connivance of any

director, manager or secretary or other officer of the company, then owing to such

involvement – the above mentioned persons may also be held liable for offences

committed by the company. This is an important concept in Environmental Law and

company officials should be aware of the fact that the mere fact of the offence being

committed in the name of the company is not enough to exclude them from being

prosecuted.

3.2. The Environmental Protection Rules

Known as the ‘Environmental Protection Rules 1986’, these regulations were drawn up

by the government under the powers conferred on it in terms of the Environment

Protection Act 1986, as discussed above. They allow the government to give more

detailed direction on a specific topic. This detailed direction may be changed without the

necessity of having to amend the principal Act. Companies should be aware of any

10

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

changes affected to the regulations and therefore, are advised to be aware of legislative

developments in this regard.

The first provision of concern to companies and factories is that contained in Section 3

which discusses Standards for emissions or discharge of environmental pollutants. It

refers to the standards laid down the standards for emission or discharge of

environmental pollutants from the industries. In this regard it is important to note that a

one year period for compliance is laid down with the standards, however, this may be

shortened to a lesser period by the Central Board or State Board.

Again, companies must concern themselves with the obligation under Rule 13 which

states that where an unforeseen accident or event results in the causing of

environmental pollution – in excess of the prescribed standards, then the person in

charge of the place at which such discharge occurs shall inform the authorities

prescribed by the act. The authorities to be informed are the officer-in-charge of

emergency or disaster relief operation in a district or other region of a state or Union

Territory. A number of sub-standards are laid down and these will be listed below.

These fall within the ambit and control of the Environmental Protection Rules. (R.6)

3.3. The Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008

The Management of Hazardous Waste is a complex set of rules which together

combine to form the legal regime. Given the vast amount of rules available, the most

important regulations will be considered below. These will be examined in their own

right before and an outline of the main obligations for persons, enterprises or companies

will be detailed.

The Rules establish the responsibility for the safe and environmentally sound handling

of environmental waste by any ‘occupier’ of hazardous waste. An occupier is a person

who has under his charge, any plant or factory producing hazardous waste or who holds

hazardous waste. ‘Recycling’ is defined as reclamation or reprocessing of hazardous

waste in an environmentally sound manner for the original purpose or for other

purposes. ‘re-use’ means the use of a hazardous waste for a purpose of its original use

11

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

or other use. Hazardous waste held by an ‘occupier’ must be sent or sold to a recycler

or re-processor who is authorized to dispose of it in the proper manner. Furthermore, in

any handling of hazardous waste, the said holder or person in charge of it must take all

the steps necessary to contain contaminating substances and prevent harmful effects

on human health and the environment. Furthermore, the necessary training and

equipment must be provided to persons who are working on a site that involves

hazardous waste. A person engaged in the generation, processing, treatment, package,

storage, transportation, use, collection and destruction, conversion, offering for sale and

any occupier must obtain an authorization from the State Pollution Board. (R.7)

3.3.1. Storage

The occupiers, recyclers, reprocessors, reusers and operators of facilities may store the

hazardous waste for a period of up to 90 days16 and records of sale, transfer, storage,

recycling and reprocessing of such wastes shall be made available for inspection.

3.3.2. Recycling, Reprocessing and Reuse of Hazardous Waste

Any person wishing to recycle or reprocess any waste as listed in Annex III must make

an application by submitting the appropriate Form 5 as found in the Rules. 17 The

following documents are also necessary:

(i) Consent to establish granted by the State Pollution Control Board

(ii) Certificate of registration issued by the District Industries Centre or any

other government agency in this regard

(iii) Proof of installed capacity of plant and machinery issued by the District

Industries Centre or any other Government Agency in this behalf

(iv) In the case of renewable, certificate of compliance of effluent, emission

standards and treatment and disposal of hazardous wastes as applicable,

from the State Pollution Control Board and the relevant Zonal Office of

Central Pollution Control Board

12

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

3.3.3. Sale or Transfer of Hazardous Waste for Recycling

Any occupier of waste as defined above, may only sell or transfer it to a recycler having

a valid registration from the Central Pollution Control Board.

3.3.4. Use of Hazardous Waste for the Purpose of Energy

The use of hazardous waste as a resource for energy recovery may similarly only be

carried out by the units after obtaining approval from the Central Pollution Control

Board.

3.3.5. Import or Export of Hazardous Waste

India is a signatory to the Basel Convention. Therefore, the Transboundary shipment of

hazardous waste as it is termed is regulated by the Convention. The Waste

Management regime, reflect this reality. Import of hazardous waste is legally prohibited

in India. This being said the import may be allowed for the purpose of recycling or

recovery or reuse. The export of hazardous waste may be allowed to an actual user of

the wastes or operator of a disposal facility with the Prior Informed Consent of the

Importing Country to ensure environmentally sound management of the hazardous

waste in question.

3.3.6. Importing and exporting of Hazardous Waste for Recycling, Recovery or Reuse

Importing of Hazardous Waste for disposal is prohibited in India. The only purpose for

which import may be allowed is for purpose of recycling, recovery and reuse. Different

procedures are applicable before hazardous waste may be imported for the purpose of

recycling, recovery or reuse. References to the Annexes are necessary in this regard.

13

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

3.3.7. Export

Any person intending to export hazardous wastes as detailed in the above annexes

must complete the relevant Forms found in the final sections of the Section. Forms 7

and 8 must be completed together with full cover insurance policy for consignment to

the Central Government together with the necessary ‘Prior Informed consent’ in writing

from the importing country.

A ‘No Objection Certificate’ for the proposed export, granted by the Central Government

of the importing country and forwarded to the Central Pollution Board and the

concerned State Pollution Control Board and the concerned Port and Customs

authorities for ensuring compliance of the conditions, if any, of the export and to take

appropriate steps for the safe handling of the waste shipment. The exporter must

ensure that no export is effected without this clause. Furthermore, the movement

document, detailed in Form 9 must accompany the shipment. The exporter shall inform

the Ministry of Environment and Forest upon completion of the trans-boundary

movement of waste. Furthermore, the exporter of the hazardous waste shall maintain

the records of the hazardous waste exported by him in Form 10. These shall be

available for inspection.

3.3.8. Import

A person intending to import or transit hazardous waste indicated in the Annexes above

shall apply by means of completion of Forms 7 and 8. This must be submitted to the

Central Government of the proposed import together with the Prior Informed Consent.

Simultaneously, a copy must be sent to the concerned Pollution State Control Board to

enable them to send their comments, if any, to the Ministry of Environment and Forests.

It is then the Ministry of Environment and Forests that examines and grants the

application. This is subject to the condition that the importer has:

(i) The environmentally sound recycling, recovery or reuse facilities

14

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

(ii) Adequate facilities and arrangement for treatment and disposal of wastes

generated; and

(iii) Valid registration from the Central Pollution Control board and proof of

use, if required.

Any importer must note that records of the hazardous waste imported by him

must be maintained as indicated in Form 10 to the Act. These forms must be

made available for inspection.

3.3.9. Treatment, Storage and Disposal Facility for Hazardous Wastes

Any persons wishing to operate a ‘facility’, which is any establishment wherein the

processes incidental to the handling, collection, reception, treatment, storage and

recycling, recovery, reuse and disposal of hazardous wastes are carried out, must

design and set up the Treatment, Storage and Disposal Facility in compliance with the

technical guidelines issued by the Central Pollution Control Board. Approval from the

State Pollution Control Board for design and layout in this regard from time to time is

necessary.

The operator of the Treatment, Storage and Disposal Facility shall be responsible for

safe and environmentally sound operation of the facility and any closure. In this regard,

the guidelines issued by the Central Pollution Board must be followed.

Any company operating a commercial venture in this regard must be aware of this.

Finally, the operator must also maintain records of the hazardous wastes handled. This

may be done by completing Form 10 found in the Rules.

3.3.10. Package, Labelling for Hazardous Wastes

The occupier or operator of a Treatment, Storage and Disposal Facility or recycler, shall

ensure that the hazardous wastes are packaged and labelled based on the composition

in a manner suitable for safe handling, storage and transport as per the guidelines

15

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

issued by the Central Board for Pollution. This should be clearly visible and should

withstand physical conditions and climatic factors.

3.3.11. Transport of Hazardous Wastes

If an occupier wishes to transfer hazardous waste, then he must fill in Forms 11 and 12

and provide the transporter with the relevant information regarding the hazardous

nature of the wastes and measures to be taken in case of an emergency and shall mark

the hazardous waste containers in accordance with the Forms. In case of transport of

hazardous wastes for final disposal to a facility for treatment, storage and disposal in a

different state than where it is originally generated, the required ‘No Objection

Certificate’ from the State Pollution Control Board of both the States in question must be

obtained. In such a case, the occupier shall notify the concerned State Pollution Control

Boards before he hands over the hazardous waste to the transporter. For movement

within the Country – that is to say, movement, which is not Transboundary, then Form

13 as Annexed to the Rules must be completed.

3.3.12. Maintenance of records and returns

The occupier of hazardous wastes and operators of facilities are to complete Form 3

and maintain records of the operations contained therein. Form 4, also contained in the

Rules, must be completed and the occupier and operator of a facility shall send annual

returns to the State Pollution Control Board. Finally, where an accident occurs at the

facility, or on a hazardous waste site or on a hazardous waste site or during

transportation of hazardous waste this shall be reported immediately through the use of

Form 14.

3.3.13. Liability

Any damage caused to the environment or third party due to improper handling of the

hazardous wastes or disposal of the hazardous wastes shall render the occupier,

importer or operator facility responsible. He shall then be liable to pay financial penalties

16

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

as levied by the State Pollution Control Board with prior approval of the Central Pollution

Control Board.

3.4. The Plastics (Manufacture, Usage and Waste Management) Rules, 2009

These rules, which have not yet entered into force, are intended to supersede the

Recycled Plastics Usage and Manufacture Rules 1999. The rules are designed to

regulate the use of plastics in its various purposes. (R.8)

3.4.1. Conditions during Manufacture, Sale, Stock, Distribution and Use

It is to be noted in this case that manufacture refers to both degradable and non-

degradable form. The rules stipulate that,

(i) Carry bags and containers made of virgin plastics shall be in natural shade

(ii) The use of carry bags or containers made of recycled or biodegradable plastics

for storing, carrying, dispensing or packaging of food stuffs shall be prohibited

(iii) Carry bags and containers made of recycled or biodegradable plastics and used

for purposes other than storing and packaging food stuffs, shall be manufactured

using pigments, colorants as per the Bureau of Indian Standards' specifications:

IS 9833: 1981 entitled "List of pigments and colorants for use in plastics in

contact with foodstuffs, pharmaceuticals and drinking water";

(iv)No person shall manufacture, stock, distribute or sell carry bags made of virgin or

recycled plastics or bio-degradable plastics, which are less than 12X18 inches

(30 x 45 cm) in size and less than 40 microns in thickness

(v) No person shall manufacture carry bags or containers or pouches or multilayered

packaging from biodegradable plastics unless these meet the Bureau of Indian

Standards' specifications: ISIISO 17088:2008 entitle1 "Specifications for

Compostable Plastics"·.

17

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

(vi) In any other instance than the packaging of food stuffs: no persons shall

manufacture, stock, distribute or sell non-recyclable laminated plastic or metallic

pouches, multilayered packaging and other non-recyclable plastics.

3.4.2. Recycling of Plastics

Recycling of plastics are to be undertaken in accordance with the Bureau of Indian

Standards specifications: IS 1453: 1988 entitled “The Guidelines for Recycling of

Plastics"

3.4.3. Marking or Codification

Manufacturers shall code or mark each bag or container made of plastics indicating

whether it is made of ‘virgin plastic’ or ‘recycled plastic’ or ‘bio-degradable plastic as

follows:

(i) Recycled bags or containers shall indicate that they are ‘recycled’ along with

indication of the percentage of use of recycled material. A code mark as per

Bureau of Indian Standards’ Specification ISIISO 17088: 2008 entitled

‘Specifications for Compostable Plastics’ shall be affixed.

(ii) Carry bags or containers made from biodegradable plastic shall bear a

code/mark as per Bureau of code/mark as per Bureau of Indian Standards'

Specification: ISIISO 17088:2008 entitled "Specifications for Compostable

Plastics" and shall be marked as ‘compostable’ or ‘bio-degradable during

composting’.

(iii) The marks shall contain, in English, Hindi or the local language – the following

information: the name and address of the manufacturer, the registration number

granted by the concerned State Pollution Control Board or Pollution Control

Committee and the size and thickness of the carry bag or container.

(iv)Finally, there is an obligation on manufacturers of carry bags or containers made

of virgin or recycled plastic to register with the concerned State Pollution Control

Board.

18

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

3.4.4. Registration

In order to register, every occupier manufacturing or proposing to manufacture carry

bags or containers shall make an application in Form 1 to the State Pollution Control

Board or Pollution Control Committee of the Union territory for the grant or registration

or renewal of registration for his unit. No production will be allowed following the entry

into force of the regulations, without the registration as required.

3.4.5. Standards

All the standards mentioned in the Rules may be found on the website of the Indian

Standards Bureau: http://www.standardsbis.in/Gemini/home/Home.action

3.5. The E-Waste (Management and Handling Rules) 2010

The new set of rules concerning electronic waste, drafted this year, were intended to

tackle the problematic situation of disposal of electronic waste in India. This refers to

waste generated in India as well as the vast amount of waste that is illegally imported

into India for disposal. The rules are scheduled to come into force on January 1, 2012.

The rules establish a number of rules for various persons dealing with electronic waste.

Electronic waste as electrical and electronic equipment and which are intended to be

discarded. It includes, but is not confined to, equipment listed in the Rules and scraps

and rejects from the manufacturing process. (R.9)

3.5.1. Prohibition on Import

No one shall import e-waste for the purpose of disposal in India.

3.5.2. Transport of E-Waste

Where e-waste is being transported 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/collected, the transporter shall obtain a ‘No Objection Certificate’ from the

19

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

State Pollution Control Board of the State of Transit. In case of transportation of e-waste

through a State other than the State of Origin, the transported shall intimate the

concerned State Pollution Control Board beforehand.

3.5.3. Accident Reporting

Where an accident occurs at the facility processing e-waste or during transportation,

then the producer, transporter, dismantler, refurbisher or recycler as the case may be,

shall report immediately to the State Pollution Control Boards about the accident

completing the details in Form 5.

3.5.4. Liability

The producer, collection centre, transporter, dismantler and recycler, as the case may

be, based on their respective responsibilities defined earlier shall be liable for any

damages caused to the environment or the human health including third parties due to

improper handling and disposal of e-waste. He shall then undertake to reinstate or

restore damaged or destroyed elements of the environment at his cost, failing which

they shall be liable to pay the entire cost of remediation or restoration of the

environment.

4. Effectiveness of Enforcement mechanism to deal with the problem/ implementation realties

The Hon'ble Supreme Court of India has been playing a significant role for proper

environmental safeguards in the country. A Public Interest Litigation (PIL) was filed in

the Supreme Court of India by an NGO objecting to the import of hazardous wastes into

the country in violation of the provisions of the Basel Convention. The court constituted

a High Powered Committee (HPC) in 1997 to look into the allegations and to submit the

report to the Apex court. In its report, which was submitted to the Supreme Court of

India in 2001, the committee noted that situation in regard to hazardous wastes in the

country is grim. It particularly affects the groundwater system in the country and

remediation is very difficult and expensive. It affects a large number of innocent people,

20

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

workers as well as community, who have to pay for the sin of the others. The HPC also

recorded that the approximate number of hazardous wastes generating units is 13,011,

out of which 11,138 are authorized by the SPCBs. (R.10)

However, the inventorisation of hazardous wastes generating units in the country is not

completed. Considering the grim scenario in the country in the field of hazardous

wastes management, the Apex court banned import of all hazardous wastes listed

under Annexure VIII of the Basel Convention vide its order dated 5.5.1997.

5. Judicial Approaches to deal with problem with the help of High Courts and Supreme Court Judgments

5.1. POLLUTION BY INDUSTRIES IN DELHI: M.C.Mehta Vs Union of India & Ors.

Writ Petition (Civil) No.4677/1985, This Writ Petition was filed by Shri M.C.Mehta in

1985 regarding the pollution in Delhi by the Industries located in residential areas of

Delhi. The Hon’ble Supreme Court after considering the reports submitted by the

Central Pollution Control Board and the Delhi Pollution Control Committee, finally

ordered vide its various orders, dated 8.7.1996, 6.9.1996, 10.10.1996, 26.11.1996 and

19.12.1996. These orders in brief are: (R.11)

(i) Hazardous/Noxious heavy and large industries: The Hon’ble Court vide its

order, dated 8.7.1996 directed that 168 industries falling in 'Ha’ and ‘Hb’

categories under the Master Plan of Delhi – 2001 (MPD-2001) and which 14

were hazardous/noxious/heavy and large industries, to stop functioning and

operating in city of Delhi w.e.f.30.11.1996. However, those industries could

relocate/shift themselves to any other industrial estate in the National Capital

Region (NCR) or outside. (ii) The Hon’ble Court vide its order, dated 6.9.1996

ordered that 513 industries falling under ‘H’ category under the MPD-2001,

should stop functioning and operating in the city of Delhi w.e.f.31.1.1997.

However, those industries could relocate/shift themselves to any other industrial

estate in NCR.

21

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

(ii) The Hon’ble Court vide its order, dated 6.9.1996 ordered that 513 industries

falling under ‘H’ category under the MPD-2001, should stop functioning and

operating in the city of Delhi w.e.f.31.1.1997. However, those industries could

relocate/shift themselves to any other industrial estate in NCR.

(iii) Hot Mix Plants: The Hon’ble Court vide its order, dated 10.10.1996 directed that

43 Hot Mix Plants operating in Delhi be relocated/shifted to any other industrial

estate in the NCR region. It was also directed that those 43 Hot Mix Plants close

down and stop functioning and operating in the city of Delhi w.e.f. 28.2.1997.

(iv)Brick Kilns: The Hon’ble Court vide its order, dated 26.11.1996 directed that

246 brick kilns operating in the Union Territory of Delhi falling under category ‘H’

under the MPD–2001, should close their functioning w.e.f.30.6.1997. However,

these brick kilns could relocate/shift themselves in NCR. The Hon’ble Supreme

Court further directed that it was liberty to the brick kiln owners to indicate before

31.1.1997 in writing to the NCT of Delhi and Delhi Pollution Control Committee

that the concerned brick kilns intended to shift to the new technology of

manufacturing bricks by flyash – sand – lime technology. The Delhi Pollution

Control Committee should monitor the setting up of the new project of the

concerned brick kiln. After obtaining the consent and no objection certificate from

the Delhi Pollution Control Committee and also from the Central Pollution Control

Board, the concerned brick kiln permitted to operate at the same site, if it is

permitted under Delhi Master Plan – MPD- 2001. The Hon’ble Court further

directed the NCT of Delhi to render all possible assistance to the concerned brick

kiln owners to changeover the new technology and in the setting up of the

modern plants with flyash- sand-lime technology.

(v) Arc/Induction Furnaces: The Hon’ble Court vide its order, dated 26.11.1996

directed that the 21 arc/induction furnaces falling under ‘H’ category industries

under the MPD-2001 to close down and stop functioning and operating in the

Union Territory of Delhi w.e.f.31.3.1997. However, these arc/induction furnaces

could relocate/shift themselves to any other industrial estate in the NCR.

(vi)The Hon’ble Court vide its order, dated 19.12.1996 directed that 337 industries

falling under ‘H’ category industries under the MPD–2001 were directed to close

22

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

down and stop functioning and operating w.e.f. 30.6.1997 in Union Territory of

Delhi. However, those industries could relocate/shift themselves to any other

industrial estate in the NCR. 15.

(vii) ‘F’ category industries located in residential area: The Hon’ble court

vide its order, dated 12.9.2000 directed and appointed the Ministry of Urban

Development to act as the Nodal Agency for the matter of relocating/shifting of ‘F’

category industries as per MPD-2001 functioning and operating in residential

areas of Delhi. The said Nodal Agency was directed to supervise the

implementation of various orders/directions passed by the Hon’ble Court as well

as implementation of the Master Plan of Delhi. The powers under Sections 3(3)

and 5 of the Environment (Protection) Act, 1986 were given to the said Nodal

Agency for implementation. The Hon’ble court on 7.12.2000 directed that under

the supervision of the Nodal Agency, the Government of National Capital

Territory of Delhi, the Municipal Corporation of Delhi and the Delhi Development

Authority would close all the polluting units functioning in

non-conforming/residential areas or zones within a period of four weeks from the

date of the order. The Hon’ble Court further directed that the Nodal Agency was

at liberty to direct closure of the polluting units under its supervision.

5.2. POLLUTION IN RIVER YAMUNA: Writ Petition (Civil) No.725/1994, News Item ‘HT’, dated 18.7.1994, A.Q.F.M. Yamuna Vs Central Pollution Control Board & Ors

A news item titled ‘…and Quite Flow Maily Yamuna…’ was published in a daily News

Paper ‘The Hindustan Times’, New Delhi on 18.7.1994. The said news item was based

on findings of Central Pollution Control Board. The Hon’ble Supreme Court took

suomoto cognizance of this news item and issued notices on 2.12.1996 to the Central

Board with the directions to conduct investigations in the cities of Ghaziabad, NOIDA

and Modi Nagar with a view to having an assessment of environment impact and to the

status of pollution due to generation of industrial wastes, municipal sewage, household

23

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

wastes and other types of wastes. It was also directed that the Central Board shall give

positive suggestions/schemes to be made operative, so far as controlling pollution.

The Central Pollution Control Board conducted inspections in the cities of Ghaziabad,

NOIDA and Modi Nagar and submitted a detailed report on 18.12.1996 for the

consideration of the Hon’ble Court. After examining the report of the Central Board, the

Hon’ble Court issued notices to the National River Conservation Directorate (NRCD)

and also to the Ghaziabad Municipal Corporation for their response. The Central Board

further submitted that the plan for cleaning of Kali Nadi was required to be evaluated in

detail through a Committee of experts. On the suggestions of the Central Board, the

Hon’ble Supreme Court ordered on 20.3.1998 that the committee which was constituted

in the Writ Petition (Civil) No. 914/1996 might also be associated for the evaluation of

the project proposal for the Kali Nadi and Ghaziabad, NOIDA action plans and evaluate

the appropriate technology to be adopted for these projects. On the directions of the

Hon’ble Court, the Committee under the Chairmanship of Shri P.K.Kaul, Ex- Cabinet

Secretary submitted its reports before the Hon’ble Court for consideration. The matter is

still under consideration of the Supreme Court. The Central Board is regularly

monitoring water quality of river Yamuna and drains joining it in Delhi, in compliance of

the Hon’ble Court’s order. (R.12)

Till date, several reports, have been submitted for the consideration for the Hon’ble

court. In its reports, the 16 Central Board recommended that there should be proper

collection of wastewater generated in Delhi by augmenting sewerage facilities, laying

down by sewer lines. Untreated sewage should not be allowed to flow into the storm-

water drains. Sewage treatment plants are required to be operated to their full capacity.

The existing sewerage network should be appropriately maintained using three tier

maintenance schedule. Adequate sanitary arrangements for slums and J.J.Colonies,

and use of wastewater after treatment for irrigation, gardening and other uses were

suggested. Delhi might exchange treated wastewater to fresh water with the State of

Haryana. The Hon’ble Court directed the Ministry of Environment & Forests and Ministry

of Urban Development, Government of India to study the problem with regard to the

treatment of sewage in Delhi and give their positive and concrete suggestions, so that

24

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

after 31st March, 2003, no untreated sewage should go to the river Yamuna. The matter

is still under consideration of the Hon’ble Court.

5.3. Dahanu thermal power plant (1991) - Supreme Court

Even though the eventual decisions were in favor of the project proponents, the Court

did inquire into diligence of the government in ascertaining the environmental impact of

the proposed projects. Even though it is argued in some quarters that the Courts lack

the technical expertise needed to gauge the relevant reports and data, I must say that

judges are well-equipped to assess whether the concerned agencies have taken all

necessary steps to study and ascertain the potential environmental costs. (R.13)

In the ensuing years, there appears to be a growing consensus amongst the media and

in academic circles that the general approach of the higher judiciary in environmental

litigation can be described as ‘activist’ in nature. A prominent example of such activism

in evaluating the environmental impact of commercial activities justified in the name of

development is the decision given in the Dehradun Valley case (1985). (R.14) In that

case, the court itself appointed a committee to look into the adverse effects of the illegal

and indiscriminate mining activities being carried out in the Uttarakhand region.

The respondent government was also asked to show the national importance of the

lime-stone procured from those quarries so as to determine whether the demand could

be satisfied by mining in other areas. A similar approach was adopted in Tarun Bharat

Sangh, Alwar v. Union of India (1992) where the court adopted a firm stand against the

owners of mines that were being operated inside the reserve forest areas. In both the

cases mentioned above, the court appointed independent committees of experts to

ascertain the environmental impact of the commercial activities that were being

undertaken.

5.4. IMPORT OF HAZARDOUS WASTE: Writ Petition (Civil) No. 657/1995 (Research Foundation for Science, Technology and Natural Resource Policy Vs UOI & Ors.)

25

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

This Writ Petition was filed as Public Interest Litigation seeking Hon’ble Court’s

intervention to impose ban on the import of toxic wastes from the industrialized

countries into India. The High Power Committee was appointed by the Hon’ble Court

vide its order, dated 13.10.1997 to look into various aspects of hazardous wastes and

suggest measures. The Hon’ble Court after hearing on 12.2.2001 passed an order to

acknowledge the receipt of the report of the High Power Committee headed by Prof.

M.G.K.Menon. The Hon’ble Court also considered the report relating to the hazardous

wastes off loaded at Alang in Gujarat. (R.15)

The reports were filed by the Central Pollution Control Board vide its affidavits dated

29.2.2000 and 10.8.2000 in compliance of Hon’ble Court’s order. The Hon’ble Court

further directed that since, there was no specific finding by the National Institute of

Oceanography, Goa, the Union of India should file an affidavit indicating whether the

material imported was hazardous or not. If necessary, opinion of the High Power

Committee be obtained. The matter is pending with the Hon’ble Court.

5.5. MANAGEMENT OF SOLID WASTE IN CLASS-I CITIES – Writ Petition (Civil) No.888/1996 (Almitra H.Patel Vs Union of India & Ors.)

This writ petition was filed by Ms. Almitra H.Patel regarding management of solid waste

in Class-I cities. In its petition the petitioner alleged that the practices adopted by the

municipalities for disposal of garbage in urban areas were faulty and deficient. The 22

management of solid waste by the municipalities had direct impact on the health of the

people in the country. The petitioner had appreciated the guidelines and

recommendations made by the Central Pollution Control Board for the management of

municipal waste. In its reply, the Central Pollution Control Board submitted that the

responsibilities of management of solid waste were vested with the municipal

corporations of the municipalities which are under the administrative control of

respective states/union territories. At the central level, the Ministry of Urban Affairs is

the nodal Ministry to deal with the matters relating to municipal solid wastes. (R.16)

26

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

The Central Pollution Control Board itself has taken several initiatives for improvement,

collection, transportation disposal and utilization of municipal solid wastes. On the basis

of the replies of the various departments, Central/State Pollution Control Boards and

concerned State Government, the Hon’ble Supreme Court on 16.1.1998 directed to

constitute a committee to look into all aspect of solid wastes management in Class-I

cities of India. The Chairman of the Committee was nominated Shri Asim Barman. The

said committee has submitted its report in the month of March 1999 before the Supreme

Court for consideration. The committee made several recommendations including

technical aspects also for the management of solid waste in class I cities. The

recommendations have further categorized under three heads:

(i) mandatory recommendations for citizens/associations;

(ii) mandatory recommendations for local bodies/state Governments; and

(iii) Discretionary recommendations for urban local bodies.

On the basis of the report of the committee, draft rules known as the Management of

Municipal Solid Wastes (Management and Handling) Rules, 1999 were framed and

circulated to all the State Governments for their suggestions and w.e.f. 25.9.2000 the

Municipal Solid Wastes (Management and Handling) Rules, 2000 came in to effect. In

pursuance of the Hon’ble Supreme Court’s order, dated 24.11.1999 the Central

Pollution Control Board carried out inspections and submitted a comprehensive report

with regard to five cities (Bangalore, Calcutta, Chennai, Delhi and Mumbai) in the

Supreme Court. In its report, the Central Pollution Control Board gave their observations

in the implantation of the recommendations, mentioned in the Barman Committee

(Constituted by the Hon’ble Supreme Court). The matter is pending in the Supreme

Court for consideration.

5.6. POLLUTION IN MEDAK DISTRICT, ANDHRA PRADESH: Writ Petition (Civil) No.1056/1990 (Indian Council for Enviro Legal Action & Others Vs. UOI & Others)

This Writ Petition was filed in 1990 in the Supreme Court by the Indian Council for

Enviro Legal Action & Others against the industries and the CETP managements of

27

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

PETL at Pathancheru and Bolaram for the pollution of the ground water and surface

water caused by the discharge of the effluents from these CETPs. Among others, the

A.P. Pollution Control Board and the Central Pollution Control Board were made

respondents in this case. The Patancheru Industrial Estate was established in the year

1975 at Pathancheru in Medak district of Andhra Pradesh and is about 15 kms from

Hyderabad. Bulk drugs, 23 chemicals, textile, leather finishing industries etc. are located

in this industrial estate and to take care of the effluents a common effluent treatment

plant is set up and operated by M/s. Pathancheru Envirotech Limited and has 72

member industries. (R.17)

The total effluent handled by the PETL is about 2860 cu m per day. To provide

treatment of the industrial effluents PETL obtains domestic sewage from BHEL which is

located nearby and also raw water from Isakawagu drain and discharges the treated

effluent in the Isakawagu drain which falls into Nakkawagu drain which finally

discharges into Manjira river after traversing a distance of about 40 kms. Manjira River

is the major source of water supply for the city of Hyderabad. The Bolaram Industrial

Estate is located in the Bolaram village in the district of Rangareddy in Andhra Pradesh

and is about 35 km from Hyderabad city.

The main water polluting industries in this industrial estate are the bulk drug industries.

The CETP was established in this industrial estate and presently there are 25 member

industries contributing to this CETP. The CETP at present is handling around 340 cu m

per day of effluent. In order to homogenize and enhance the treatability of effluents

domestic sewage is added. The treated effluents presently are discharged on land for

plantations. The Hon’ble Supreme Court vide its order, dated July 29, 1997 in I.A. No. 2

& 9-11 in WP (C)No. 1056/90 inter-alia directed the Central Pollution Control Board to

take up the following activities:

CPCB was to assess the following:

(i) capacity of Common Effluent Treatment Plants (CETPs) installed at Patancheru

and Bollaram;

(ii) functioning of these CETPs;

(iii) extent of treatment carried out in the CETPs;

28

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

(iv)whether the discharge from these CETPs meet the pollution control standards of

CPCB;

(v) extent of the areas damaged around the industries as a result of discharge of

effluent from industries;

(vi)extent of such damage;

(vii) whether individual units have complete effluent treatment plants or only

primary treatment is provided to the effluents; and

(viii) The quality of effluent discharged from the individual effluent treatment

plants belonging to each of these industries and whether they meet the

prescribed standards.

6. Role of NGOs/Civil Society Groups

Local, national and regional NGOs have emerged as major players and partners in both

development and conservation activities in the region. At the community level, they are

in the front line in providing assistance in the acquisition of basic needs and amenities;

in identifying issues, raising awareness, and providing information to grassroots

communities; in articulating the communities’ problems and needs and bringing these to

the attention of those who can affect change; in defending both the environmental and

developmental rights of communities and building the capacity of communities to

manage their natural resources; and in dealing with sustainable development concerns.

NGOs that work at the national level focus mainly on policy work, playing a vital role in

the identification of the weaknesses and gaps in current policy or legal frameworks; in

information gathering and educating the public, private sector and government; and, in

certain cases, in activist lobbying and protest movements.

(i) Awareness-Raising, Campaigning and Advocacy Across the region a large array

of groups work to raise awareness of environmental issues and push for changes

in policy and development programs. These groups carry out environmental

awareness raising and campaigning locally, nationally, and internationally, with

some campaigns operating simultaneously at all levels.

29

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

(ii) In India, for example, the Kerala Sastra Sahitya Parishad (KSSP) has earned

international recognition for its work in mobilizing public opinion among people’s

organizations in the State of Kerala (United Nations 1995). The KSSP is

regarded as one of the best-informed and best-organized grassroots movement

in India, with over 20 000 members.

(iii) In Pakistan, the Society for the Conservation and Protection of the Environment

(SCOPE), established in 1988, is particularly successful at national

environmental campaigns, whilst giving priority to developing linkages with local

NGOs, research institutes, universities and government departments. In addition

SCOPE motivates grassroots groups and undertakes public interest litigation and

advocacy work (Non-Governmental Liaison Service 1997).

(iv)Scientific and technical NGOs are assisting in bridging the gap between science,

policy makers and the citizenry. Their research and education work is proving a

vital addition to the decision and policy-making process. In India, for instance, the

Centre for Science and Environment publishes ‘Citizen’s Reports on the

Environment’ which focus on specific environmental issues, such as urban

pollution, and flood management. Written in nontechnical languages, these

reports enable the general public to better understand the issues.

(v) Many of the more established NGOs in the region work on major national

campaigns using a range of promotion activities, from grassroots awareness-

raising, through to lobbying and media campaigns. Such campaigns are

multifaceted, involving research, awareness-raising, education and lobbying.

(vi)CLEAN-INDIA: Deeply concerned with the deteriorating environmental situation

in the country, Development Alternatives initiated the CLEAN-India (Community

Led Environment Action Network) program with five schools in the national

capital in 1996. Today, CLEANDelhi has about forty schools regularly involved in

monitoring water and air quality in over 150 locations spread across Delhi. Over

2000 children have been directly trained on environmental assessment and

improvement activities. They keep vigil, assess environmental quality, plead,

cajole and lead the community in monitoring environment. Action programs like

solid waste management, plantation drives, energy conservation, paper

30

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

recycling, etc. to improve local environmental conditions have also been initiated

by schools, resident welfare associations, business and industrial associations as

well as individual households

6.1. The NGO Programs

The NGO’s have undertaken the following programs on a mass scale to spread

awareness about the importance of industrial solid waste management best practices:

(i) Create mass awareness, ensuring public participation in segregation of

recyclable material and storage of waste at source.

(ii) Provide employment through organizing door-to-door collection of waste.

(iii) Ensure public participation in community based primary collection system.

(iv) Encourage minimization of waste through in-house backyard composting,

vermin composting and biogas generation.

(v) Urban poverty is inextricably linked with waste. In India alone, over a million

people find livelihood opportunities in the area of waste; they are engaged in

waste collection (popularly known as rag picking) and recycling through well-

organized systems. Substantial populations of urban poor in other developing

countries also earn their livelihood through waste. It is important to understand

issues of waste in this context. The informal sector dealing with waste is engaged

in various types of work like waste picking, sorting, and recycling at the organized

level, door-to-door collection, composting and recycling recovery.

7. Recommendations and Conclusion

7.1. Recommendations for India Inc.

(i) Categorize industries as low, medium and heavy pollutants and introduce extra

taxes for heavily polluting industries.

(ii) Introduce stringent certification like ISO and six sigma that industries may adhere

to for becoming compliant with pollutant discharge.

31

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

(iii) Give tax benefits to industries who are able to reduce the amount of pollutants

that they discharge in the environment.

(iv)Provide counselling to operations and facility managers for their better

understanding of proper industrial waste management and globally prevalent

best practices.

32

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

7.2. Conclusion

It takes a lot of valuable energy and materials to create and manufacture products and

the resulting industrial waste can be difficult to manage. Many cities and countries have

put new laws into place to heavily tax companies that produce excess amounts of waste

or create potentially harmful effects on the air and ecosystem. The extra taxes help to

offset the environment damage by going toward environmental restoration, protection

and spreading information to increase knowledge on these issues. People and

companies need to educate themselves about the environment. Smog alerts in many

cases result from not only harmful transportation emissions but also from the output of

factories into the air we breathe.

Companies need to be responsible with their industrial waste management and

specifically their hazardous waste. Many local governments provide counseling,

consulting and recommendations to organizations on what they can do to better

manage their waste and plan for a more environmentally friendly production processes.

More than ever, there need to be consequences to companies that do not take waste

management seriously. Part of this includes reducing harmful emissions into the

environment over a period of time and correctly disposing of waste materials.

Countries have terms and conditions about what is acceptable in terms of waste

management. Today, more than ever, industries know their impact of manufacturing on

smog levels and the escalating cost of managing their waste. More industrial leaders

are showing their accountability for the environment. Citizens need to support

companies whose business practices include environmentally conscious and

responsible conditions. Using energy more efficiently, reducing the hazardous waste

they output into the air and to the landfills and practicing composting and recycling are

key factors in improving the way waste is managed.

Companies who have no choice but to continue creating hazardous industrial waste due

to the nature of their business need to ensure that they properly dispose of that material

and are upfront an honest about the contents of their vehicles, their facilities and

33

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

management of the waste. Environmental protection acts encourage and reward

companies who do their part to more effectively manage waste and work with

environmental agencies to maximize efforts to minimize the impact on the environment.

Industrial waste producers need to pay for the disposal of their materials and in

particular, need to take caution in the way they dispose of hazardous materials. There

have been cases documented of companies mislabeling goods and of irresponsible

practices leading to contamination of local watersheds. The more that citizens and

government push for reform, the more companies will realize that they are accountable

for their industrial waste.

8. How and to which extent the project is relevant for you as a potential global business manager / entrepreneur/ decision maker

Looking at the fast changes in global business environment and its impact on local and

international business, products offered by the company’s and consumer preferences

are changing. Now consumers and countries governments are more and more sensitive

about the environmental impact of industries, products and sustainability. Globally the

rules are being framed to reduce the environmental impact of the industries and

products to give better and safe living environment to the people. Means the operating

environment for industries is being tougher and tougher and it should continue to

improve its product and process to reduce the environmental impact of its operation for

longevity. The best index of company’s success is its longevity. Such longevity comes

from living in harmony with the context- The society. Society contributes customers,

employees and investors for a corporation. It contributes politicians and bureaucrats

who frame policies that influence the success and failure of a corporation. Therefore

society is an important stakeholder for the corporation.

Rapid industrialization has resulted in the generation of huge quantity of industrial and

hazardous wastes, both solid and liquid, in various industrial sectors. Despite

requirements for pollution control measures, these wastes are generally dumped on

34

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

land or discharged into water bodies, without adequate treatment, and thus become a

large source of environmental pollution and health hazard.

Management of Industrial Solid Waste is not the sole responsibility of local bodies. 

Industries generating solid waste have to manage such waste by themselves and are

required to seek authorizations from respective State Pollution Control Boards (SPCBs)

under relevant rules.  However, through joint efforts of SPCBs, local bodies and the

industries, a mechanism could be evolved for better management.

So it becomes really important for a global business manager entrepreneur/ decision

maker to be aware of these factors and changes in current and estimate future changes

in business environment to make products more acceptable in the market. Secondly be

aware of countries, local government, bodies rules and regulations so as comply with

them while producing and offering goods in the market.

Long-term success of a corporation requires it to earn the goodwill of society by

demonstrating social responsibility while generating margins in business. Non

adherence to the legal framework requirements may result in significant loss of goodwill

and may pose a threat to the survival of the organization. On the other hand following

and taking a lead offers real differentiation and may help companies to not only earn

goodwill but earning better margins.

35

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

References:

R.1: Chapter 18, Medical, Municipal and Plastic Waste Management Handbook by Niir

Board of Consultants & Engineers

R.2: Encyclopedia of occupational health and safety - linkages between environmental

and occupational health (link - http://www.ilocis.org/documents/chpt53e.htm)

R.3: The North American Mosaic: An Overview of Key Environmental Issues (link -

http://www3.cec.org/islandora/en/item/987-north-american-mosaic-overview-key-

environmental-issues-en.pdf)

R.4: Peculiar Health Problems Due to Industrial Wastes in Addis Ababa City: the Case

of Akaki Kality Industrial Zone (link -

http://etd.aau.edu.et/bitstream/123456789/5207/1/Tesfay%20Aregawi.pdf)

R.5: Chapter 14 - Development and Environmental Economics and International Trade

by TR Jain, OP Khanna and Vir Sen

R.6: Environmental regulations in India, a research paper by Dr. Asit K Patra, Asstt.

Director, DMI, Bhopal

R.7: Ministry of Environment and Forest Notification (link -

http://www.cpcb.nic.in/divisionsofheadoffice/hwmd/mhtrules2008.pdf)

R.8: Plastic Waste (Management and Handling) Rules, 2011 (link -

http://nidan.in/nidanwp/wp-content/uploads/2014/07/summary_PlasticWasteRules2011.

pdf)

R.9: Ministry of Environment and Forest Notification (link -

http://www.moef.nic.in/downloads/rules-and-regulations/1035e_eng.pdf)

36

Solid

Indu

stria

l Was

te M

anag

emen

t and

Law

| W

MP

11

R.10: Journal - Environmental Management of Industrial Hazardous Wastes in India by

SHANTANU K DUTTA, V P UPADHYAY, AND U SRIDHARAN (link -

http://neeri.res.in/jese/jesevol4802013.pdf)

R.11: M. C. Mehta v. Union of India case summary (link -

https://en.wikipedia.org/wiki/M._C._Mehta_v._Union_of_India)

R.12: Public Interest Litigations Newsletter (link -

http://cpcb.nic.in/upload/Newsletters/Newsletters_17_2002.pdf)

R.13: Dahanu power plant history and case summary (link -

https://en.wikipedia.org/wiki/Dahanu)

R.14: The Dehradun valley litigation (link -

http://www.legalservicesindia.com/article/article/the-dehradun-valley-litigation-996-

1.html)

R.15: India -- Research Foundation v. Union of India & Others, WP 657/1995

(2003.10.14) (Hazardous Wastes) (link - https://www.elaw.org/content/india-research-

foundation-v-union-india-others-wp-6571995-20031014-hazardous-wastes)

R.16: Paper on P.I.L. and Environment Protection by DR. MINAL H. UPADHYAY

Principal, B.K.Mer. Bank Law College, Palanpur, Gujarat (India) (link -

http://raijmr.com/wp-content/uploads/2014/03/1_1-7-Dr.-Minal-H.-Upadhyay.pdf)

R.17: Pg.239, Agriculture and Food by A.K. Srivastava, Chairman CTREE