This article has been written by Sharanya Ghosh of Symbiosis Law School, NOIDA exploring the Hazardous Waste Management Rules (2016).
Table of Contents
Introduction
Bhopal gas tragedy, 1984: The number of deaths, the generations of people affected and the environmental issues caused; all because of poor safety measures. Approximately 42 tonnes of Methyl Isocyanate mixed with water caused the immediate deaths of over three thousand persons. The trauma of the event has lived on in the soil of the land, the water of the lakes and the generations that survived.
The Environment Protection Act came into effect two years after the incident and with it came several changes in the outlook towards these industrial chemicals and the waste generated. Over the years, laws were made to regulate the waste generated by the industries but the harmful wastes, broadly termed as hazardous, have only ever increased.
The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 were established under the provision of the Environment Protection Act. This article aims to identify their objective and understand the major provisions established under the rules.
Hazardous wastes
What are Hazardous Wastes?
Section 3(17) of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 define what hazardous wastes are. In simple words, hazardous waste means any waste that is characteristically dangerous to health or the environment.
There are several types of hazardous wastes ranging from flammable to acutely poisonous that have been defined under the law. It is thus important to understand how to identify such wastes and how to deal with them, i. e., how to store and treat these substances.
These wastes may be identified by analyzing their elements. Lab testing is also an option but it may be quite expensive.
Why is Hazardous Waste Management Important?
Industrial waste generation and the generation of hazardous waste with it have been increasing especially in states such as Gujarat and Maharashtra where industrial development is on the rise. However, not much has been done to actually treat this waste despite the existence of certain rules and regulations.
There is a clear absence of adequate infrastructure and staff. India produces approximately 7.46 million metric tonnes of hazardous waste with Gujarat as the leading contributor. There are several states that do not have their own hazardous waste treatment, storage and disposal facilities. This is why it becomes important to set certain rules to manage the industry at hand.
Objective of the rule
Waste management generally encourages recycling, reusing and reducing waste before the disposal stage. Hazardous waste, too, in some situations can be reused or used as a material for generating energy by using it to recover a component or act as a raw material for certain recycling plants. For example, using fly ash as an alternative raw material for cement making or recovering copper from cable residues are both part of material recovery. Energy recovery on the other hand is using these hazardous wastes as fuels, especially in the cement industry. Moreover, the reduction of hazardous waste is beneficial to both health as well as the environment at large. This is why hazardous waste management is being given so much importance, especially in recent years.
Moreover, there have been several issues in the past decades of chemical and hazardous waste being dumped in water bodies or in large quantities in landfills which degrades the land as well as leads to emissions of toxins into water bodies. This is harmful to the environment in the form of air, water and land, as well as all living creatures that consume them. Inhaling such toxins or consuming them in any form leads to various health issues.
The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 encourage the reduction of hazardous waste generation and encourage its recycling and reusing. They also specify strict guidelines related to the import and export or even storage and transportation of hazardous wastes in order to ensure optimum waste management with regard to transportation, storage and disposal of waste. For example, some specific hazardous wastes mentioned in the Rules are not permitted to be imported. In case a particular import is deemed illegal, the importer is required to re-export the waste in question at his own cost within 90 days of its arrival in India.
These rules, thus, aim to protect the environment at large as well as the persons who come into contact with the hazardous waste and are at higher risk of being exposed to them.
Major provisions
The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 have clearly laid down the procedure for the management of hazardous and other wastes. The duties of the persons in charge of these wastes in a particular industry as well as the State Government’s Departments of Industry and Labour are clearly demarcated.
Import and Export of Hazardous Wastes
An important point relating to the import and export of hazardous waste between countries is that as per the 2016 rules, no country can export to India hazardous waste for final disposal. This means that India only imports hazardous wastes in order to recycle, reuse or for other utilisation.
Several permissions are required from the Ministry of Environment, Forest and Climate Change for the same in different cases such as for the import of used electrical and electronic parts. The import of hazardous wastes sometimes requires an import license from the Directorate General of Foreign Trade. Post the application, permission may be granted only if the importer has environmentally sound facilities and adequate arrangements for the treatment of wastes. The rules also specify the procedure for importing and exporting hazardous waste to and from India.
Treatment, Storage and Disposal Facility for Hazardous Wastes
The 2016 rules give a clear direction of how the facility for treatment, storage and disposal is to be established. The procedure for the same is explained herein.
The Central Pollution Control Board has given guidelines based on which the facility should be set up. Permission from the State Pollution Control Board is required for the layout in this regard. The State Pollution Control Board is also required to regularly monitor both the setting up of the facility as well as its operation.
The identification of a site for the establishment of the facility is the responsibility of:
- State Government, or
- the person who controls the affairs of the factory, specifically those related to the hazardous and other wastes, or
- the operator of the facility.
Guidelines are also established by the Central Pollution Control Board which the operator or occupier of a facility has to follow to ensure safe operation, during the use of the facility as well as post it.
There are certain forms provided with the rules that need to be updated with information regarding the kind of hazardous waste stored in a facility which is important for permissions from the Government authorities.
Packaging, Labelling and Transport of Hazardous and Other Wastes
The Packaging and Labelling of hazardous waste substances is an essential step in a facility. Since hazardous wastes may react in the presence of one another, it becomes essential to separate such wastes. A simple example of this would be the separate storage of acid substances from basic substances.
There are extensive guidelines provided by the Central Pollution Control Board for the packaging and labelling.
The transportation of hazardous wastes is, on the other hand, a major challenge in itself. The substances can be anything from reactive to poisonous which makes it essential to contain them properly and transport them with care.
The transportation of hazardous waste is governed by the following:
- The rules as under the Hazardous Waste Rules, 2016
- The Motor Vehicle Act of 1988
- Any further guidelines issued by the Central Pollution Control Board
In case the waste is to be transported to a facility in a different state for its final disposal, a ‘No Objection Certificate’ is required on the part of the sender from the State Pollution Control Board of both the states. There are various other rules applicable to different cases and a colour system has also been set up which is used in the Manifest system.
The Manifest System is used specifically for the transport of hazardous waste and there are 7 colours, each representing a particular code. This system helps in identifying the purpose of the transportation in question.
There is evidently a lot of paperwork involved in the transportation of hazardous waste materials and although it is tedious, it is extremely essential to ensure that the transport is carried out with due care.
Reforms and Suggestions
There are several reforms that have already been carried out, such as the Amendment of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 in 2019. The Amendment of 2019 has merely simplified the stringent rules which may hinder the operations of the industry at large.
However, the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 may not be sufficient to control the industry since they only provide the procedure under which one has to function. Other than the abovementioned rules, very few measures have been taken to ensure that the procedures are followed and since consequences are not well-defined, the rules are often not followed or their implementation is done poorly. Some suggestions to improve the existing rules are given below:
E-Portals for Form Submissions
However, even now, the paperwork and the time that it would take to issue permissions are quite stringent. Waste management is definitely an activity in which precautions and safety measures are important. However, the numerous forms and the constant need for approval may hinder the overall functioning of an organisation.
It is, of course, essential to maintain records, especially in such situations with hazardous substances involved. However, it would be preferable if the process in itself would move faster. Perhaps creating online portals could reduce the time and effort of both sides.
Subsidised Rates for Small Quantity Generators
Another issue arises in the aspect of the funds required for testing of waste. This happens when an organisation needs to test the waste generated to ascertain whether the waste is hazardous or not. The issue here is that the testing for the waste is quite expensive. There is no particular method of testing that may be done at subsidised rates, say for Small Quantity Generators. Small Quantity Generators, as the name suggests, are those facilities that generate small quantities of waste.
In most cases, it is easy to ascertain whether or not the waste in question is hazardous based on the schedules provided in the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. However, in some situations, testing may become essential and could cause a hindrance for organisations that cannot afford it.
Thus, it would be useful if the government could provide testing at subsidised rates to the SQGs and other small organisations.
Training Provided to Workers
The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 require adequate training to be provided to workers during their job training as well as otherwise, these are mentioned as strict guidelines in the rules. However, the training to be provided is in the hands of the operators and those who handle hazardous waste duties in a facility.
The National Institute of Environmental Health Sciences in the United States provides a Hazardous Waste Worker Training Programme. The training provided in Indian facilities may be regularised and become easier to modify depending on guidelines and technological changes if such training and programmes are provided by the concerned authorities.
Administering the same on a large scale may not be easy. However, trial attempts on a small scale could provide insights on future programmes and decisions.
Stringent Rules
The 2016 rules are essential to ensure that hazardous waste is handled with the correct procedure. However, the issue of the Rules being too stringent is quite clear. The suggestions given above, such as that of an online portal could be of immense help as it would make accessing these forms much easier. Providing training to workers will also help in ensuring that the required standards are met.
It is quite clear that stringent rules are an absolute necessity when it comes to hazardous waste management due to the consequences in case they are not dealt with properly. Channeling the communications between the concerned authorities and the facility operators through faster portals such as through e-portals could make life a little easier on the industry. All in all, the rules of 2016 are sufficient to control the management of procedures related to hazardous waste. It is now important to ensure the improvement of the training provided, the testing of waste and most importantly the implementation of said rules.
Conclusion
The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 were amended in 2019 further improving procedures and relaxing certain requirements for consent of the authorities. One can be hopeful that further relaxations and improvements will be brought in with future amendments.
Most recently there was the Visakhapatnam (Vizag) gas leak on 7th May, 2020. This gas leak caused the deaths of 11 people within two days of the leak and At least a thousand people were exposed to the gas. The leak was of styrene gas which caused immediate unconsciousness to people around the plant. It took place at the LG Polymer plant at Gopalapatnam. On the same day around 3000 people were evacuated and over 300 people admitted to the hospital. It is likely that the leak may have been caused by storing the gas at an improper temperature. In fact, in May, 2019, the company had informed the state that it did not have a valid environmental clearance for over 20 years. It is in order to avoid such horrifying experiences that these rules have been created to ensure that the correct procedures are followed.
Another recent case where the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 were applied was in the case of The Commissioner of Customs vs M/S City Office Equipment on 25th April, 2019 (Madras High Court) in relation to the import of wastes. One of the procedures was not followed due to which there was an issue with the import. This is why it is important to understand the procedures and follow them strictly.
Waste Management is an ever-growing issue that can greatly affect the environment and its conditions. Moreover, when hazardous waste is produced, it also affects the people in its vicinity and thus must be handled with care. It is essential to have well-informed workers who are aware of the rules and their own rights to be able to protect themselves and support from the government in case of any discrepancies. Waste management laws require to be changed often following the technological advancements in the field. It is also extremely important to evaluate the training programmes related to technological advancements and keep the workers educated about the same.
For more information related to hazardous waste, one can visit the official website of CPCB here.
LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:
