Uncollected, unmanaged...still

7
COVER STORY Uncollected, unmanaged... Pic credit: Enrico Fabian march 2011 planet earth 16

Transcript of Uncollected, unmanaged...still

COVER STORY

For a country whose people have always found a suitable use for refuse, it is surprising that its policies towards

waste management are a bit asymmetrical. Though addressed in a

small fraction, the problem keeps burgeoning, even as law makers continue to ignore it.

C R Bijoy throws light on the unsavoury areas of India’s waste management policies

Uncollected,unmanaged... Still

rowth’ and ‘development’ have become an obsession with the elite, percolating to the popular G

imagination of India in its race to top the global economic chart. Whether these will usher in a better physical quality of human life in its wake, or eradicate poverty through distributive justice, are hotly contested. What is not contested is that there is a huge cost to be paid, both social and environmental. Tens of millions of people, the most marginalised, have been brutally uprooted, and shrugged off as the necessary ‘sacrifice at the altar of nation’s progress’. While the rulers are yet to come to grip with

environmental cost, the corridors of power are abuzz with the wisdom that ‘environment and development need to be balanced’ when it comes to justifying projects, particularly mining, brushing aside the stiff local resistance, often at the point of the barrel of the gun. The development juggernaut and its concomitant conspicuous consumption spews out waste all over clogging drains, streams and rivers, and polluting the soil, water and air causing distress and human agony. Urban areas, the epicentre of ‘development’, naturally generate a lot more waste than rural areas.

Well-developed environmental laws and their stringent applications were argued as unaffordable to under-developed economies such as India in their pursuit for growth and development, with eradication of poverty as an afterthought. They also scare away foreign direct investment from fuelling the nation onto this fast-track growth trajectory. Waste generation, it seems, is better ignored until its negative externalities gnaw away the gains significantly. Two decades of ‘India Shining’ has generated and accumulated enough waste that the rulers have difficulty pretending to wake up from the slumber. Not just what waste is generated where and how, but also its human and P

ic c

redi

t: E

nric

o Fa

bian

march 2011planet earth 16 march 2011planet earth 17

COVER STORY

For a country whose people have always found a suitable use for refuse, it is surprising that its policies towards

waste management are a bit asymmetrical. Though addressed in a

small fraction, the problem keeps burgeoning, even as law makers continue to ignore it.

C R Bijoy throws light on the unsavoury areas of India’s waste management policies

Uncollected,unmanaged... Still

rowth’ and ‘development’ have become an obsession with the elite, percolating to the popular G

imagination of India in its race to top the global economic chart. Whether these will usher in a better physical quality of human life in its wake, or eradicate poverty through distributive justice, are hotly contested. What is not contested is that there is a huge cost to be paid, both social and environmental. Tens of millions of people, the most marginalised, have been brutally uprooted, and shrugged off as the necessary ‘sacrifice at the altar of nation’s progress’. While the rulers are yet to come to grip with

environmental cost, the corridors of power are abuzz with the wisdom that ‘environment and development need to be balanced’ when it comes to justifying projects, particularly mining, brushing aside the stiff local resistance, often at the point of the barrel of the gun. The development juggernaut and its concomitant conspicuous consumption spews out waste all over clogging drains, streams and rivers, and polluting the soil, water and air causing distress and human agony. Urban areas, the epicentre of ‘development’, naturally generate a lot more waste than rural areas.

Well-developed environmental laws and their stringent applications were argued as unaffordable to under-developed economies such as India in their pursuit for growth and development, with eradication of poverty as an afterthought. They also scare away foreign direct investment from fuelling the nation onto this fast-track growth trajectory. Waste generation, it seems, is better ignored until its negative externalities gnaw away the gains significantly. Two decades of ‘India Shining’ has generated and accumulated enough waste that the rulers have difficulty pretending to wake up from the slumber. Not just what waste is generated where and how, but also its human and P

ic c

redi

t: E

nric

o Fa

bian

march 2011planet earth 16 march 2011planet earth 17

environmental impact, its regulatory laws and mechanism, and whether and to what extent it addresses the situation, is hardly known. The extent and magnitude of the problem are yet to be ascertained with any reasonable accuracy. But what has been unearthed is not amusing.

Of wastes and their fate

If we are to look into the policies that govern waste management in India, there are certain hard facts that have to be listed out. About 0.573 million metric tonnes (MMT/d) of municipal sewage waste (MSW), was generated daily in 2008. Of this, 51 per cent was organic, 17 per cent recyclable, 11 per cent hazardous and 21 per cent was inert. At least 40 per cent is littered around, not collected at all.

There are just 110 facilities in India for treating barely half of the organic waste generated. About 60 per cent is collected, while the rest remains uncollected. Only 24 landfill facilities with a total capacity of 0.06 MMT/d as against 0.183 MMT/d of inert wastes exist. So far, 86 mechanised compost plants, 20 vermi-compost plants, two refuse derived fuel plants, and two with energy recovery system have been established in the country. Many of the sanitary landfill facilities constructed for scientific disposal of MSW are in operation.

Packaging waste too is managed as part of MSW. A wide variety of materials are used in packaging, most of it in non-food packaging (about 80 to 90 per cent by weight). The thermoplastics, which constitute 80 per cent of total plastic waste, such as Low Density Polyethylene (LDPE), High-density Polyethylene (HDPE), Polypropylene (PP), Polyvinyl Chloride (PVC), Polyethylene Terephthalate (PET),

Styrofoam or Polystyrene (PS) are not only unsafe as food and beverage, but also non-biodegradable. So are many of the thermosets which constitute the remaining 20 per cent plastic waste, such as alkyl, epoxy, ester, melamine formaldehyde, phenol formaldehyde, polyurethane, silicone and urea formaldehyde. PolyAl (extra polystyrene and aluminum) obtained by fusing aluminum and plastic, is increasingly used to package food products. Not only is it completely non-degradable, but also emits toxic fumes when burnt. Almost 90 per cent of these plastics such as polythene carry bags, thermocol packing, plastic wrappings, plastic plates, cups and spoons are actually recyclable. The non-recyclable plastic waste includes plastic pouches, laminated packing and multilayer packaging. Nevertheless, these disposable flimsy highly visible wastes have become trendy, an envious signature of modernity and fast lifestyle. Huge quantities find its

tonnes. Forty-four per cent of these wastes are confined as land fillable, 7 per cent as incinerable and 49 per cent as recyclable hazardous waste. There are 141 hazardous waste dumpsites in 14 states. Only 35 of the 64 Common Hazardous Waste Transportation, Storage and Disposal Sites (TSDFs) sites are notified sites. Total waste handling capacities of TSDFs is about 1.5 MTA and there is a deficit of about 1.2 MTA for land fillable wastes and about 0.9 MTA for incinerable wastes.

Construction and Demolition (C&D) waste includes concrete, bricks, plaster, wood, metal and plastics. The construction industry generates about 10 to 12 million tonnes of waste. About half of C&D waste is not recycled, while items such as tiles, bricks, wood and metal are recycled.

Of the 506.74 tonnes biomedical waste generated per day, 56.87 per cent is treated in the 159 common biomedical waste treatment facilities or captive treatment facilities. There are an estimated 602 biomedical waste incinerators, both common and captive, besides 8,038 shredders, 2,218 autoclaves, 192 microwaves and 151 hydroclaves. Of the 602 incinerators, 70.4 per cent have air pollution control devices while the remaining operate without any air pollution control devices. According to the state pollution control boards

Since no mechanism exists to collect data on waste, the above data are therefore suspect. Even guesstimates are not available for mining waste, packaging waste, electrical items, agricultural waste and waste from end-of-life vehicles and tyres. In the absence of any meaningful assessment of generation of wastes, the current and future capacity to handle waste, any waste management plan by Ministry of Environment and Forests (MoEF), the nodal agency, are rendered ineffective.

Governance of waste management

Article 21 of the Indian Constitution guarantees protection of life and personal liberty, Article 32 offers remedies for enforcement of rights through the Supreme Court, Article 47 stipulates that the State has the duty to raise the level of nutrition and the standard of living, and to improve public health, Article 48A

Action Plan

Management of industrial and municipal waste is the major cause of soil pollution and a serious challenge in terms of magnitude and required resources. An Action Plan will comprise:

a) Develop and implement viable models of public-private partnerships for setting up and operating secure landfills, incinerators, and other methods for the treatment and disposal of hazardous waste, both industrial and biomedical, on payment by users, taking the concerns of local communities into account. The concerned local communities and state governments must have clear entitlements to specified benefits from hosting such sites, if access is given to non-local users. Develop and implement strategies for the clean-up of toxic waste dump legacies, particularly in industrial areas and abandoned mines. More importantly, the reclamation of such lands for future use.

b) Carry out a survey and facilitate the development of a inventory of toxic and hazardous waste dumps, and an online monitoring system for the movement of hazardous waste. Strengthen the capacities of institutions responsible for monitoring toxic waste.

c) Fortify the legal arrangements and response measures for addressing emergencies arising out of transportation, handling, and disposal of hazardous wastes, as part of the chemical accidents regime.

d) Strengthen the capacities of local bodies for segregation, recycling, and reuse of municipal solid waste – recognising inter-alia the positive impacts it may have on the welfare of safai-karamcharis. Setting up and proper operation of sanitary landfills, via competitive outsourcing of services.

e) Give legal recognition to, and strengthen the informal sector which is involved in the collection and recycling of various materials. Enhance their access to institutional finance and relevant technologies.

f) Promote organic farming of traditional crop varieties, through research in and dissemination of techniques for reclamation of land with prior exposure to agricultural chemicals, facilitating marketing of organic produce in India and abroad.

g) Promote biodegradable and recyclable substitutes for non-biodegradable materials. Develop and implement strategies for their recycle, reuse, and final environmentally benign disposal.

h) Develop and enforce regulations for management of e-waste. Promote removal of barriers and regulate the beneficial utilisation of non-hazardous waste streams such as fly ash, bottom ash, red mud, and slag, including in cement and brick making, building railway and highway embankments.

There are only 110 facilities in India for treating barely half of the organic waste generated. About 60 per cent is collected, while the rest remains uncollected

way to dumpsites and landfills causing major pollution when burnt or incinerated.

About 5.7 of the 8 metric tonnes of plastic consumed annually (71.25 per cent) is converted into waste as per the estimate of the Central Pollution Control Board (CPCB) in 2008. This means 15,722 tonnes of plastic waste per day, of which 40 per cent is neither recycled nor collected. Thousands of tonnes of thermoplastics are recycled in small unauthorised units. They manufacture highly hazardous plastic products with poor quality dyes and plasticisers, most of them toxic and carcinogenic. They have high doses of toxic hydrocarbons such as unpolymerised free monomers, contaminants as POPs, pesticides, and heavy metals such as mercury, lead, cadmium and chromium.

Total e-waste generated was 1,46,000 tonnes in the year 2005 and is expected to exceed 8,00,000 tonnes by 2012, making it the fastest growing waste stream. Electrical and electronic products have a high and increasing obsolescence rate. E-waste or its constituents are categorised as ‘hazardous’ and ‘non-hazardous’ waste. About 36,000 hazardous waste generating industries generate 6.2 million

(SPCBs), 53.25 per cent of the 52,001

health care establishments in the

country operate without any

authorisation from their respective

SPCBs.

(Extracts from ‘National Environment Policy, 2006)

What a mess: A civic body worker sorts out waste near the bin

Scattered: Even the beaches in India have not been spared

march 2011planet earth 18 march 2011planet earth 19

environmental impact, its regulatory laws and mechanism, and whether and to what extent it addresses the situation, is hardly known. The extent and magnitude of the problem are yet to be ascertained with any reasonable accuracy. But what has been unearthed is not amusing.

Of wastes and their fate

If we are to look into the policies that govern waste management in India, there are certain hard facts that have to be listed out. About 0.573 million metric tonnes (MMT/d) of municipal sewage waste (MSW), was generated daily in 2008. Of this, 51 per cent was organic, 17 per cent recyclable, 11 per cent hazardous and 21 per cent was inert. At least 40 per cent is littered around, not collected at all.

There are just 110 facilities in India for treating barely half of the organic waste generated. About 60 per cent is collected, while the rest remains uncollected. Only 24 landfill facilities with a total capacity of 0.06 MMT/d as against 0.183 MMT/d of inert wastes exist. So far, 86 mechanised compost plants, 20 vermi-compost plants, two refuse derived fuel plants, and two with energy recovery system have been established in the country. Many of the sanitary landfill facilities constructed for scientific disposal of MSW are in operation.

Packaging waste too is managed as part of MSW. A wide variety of materials are used in packaging, most of it in non-food packaging (about 80 to 90 per cent by weight). The thermoplastics, which constitute 80 per cent of total plastic waste, such as Low Density Polyethylene (LDPE), High-density Polyethylene (HDPE), Polypropylene (PP), Polyvinyl Chloride (PVC), Polyethylene Terephthalate (PET),

Styrofoam or Polystyrene (PS) are not only unsafe as food and beverage, but also non-biodegradable. So are many of the thermosets which constitute the remaining 20 per cent plastic waste, such as alkyl, epoxy, ester, melamine formaldehyde, phenol formaldehyde, polyurethane, silicone and urea formaldehyde. PolyAl (extra polystyrene and aluminum) obtained by fusing aluminum and plastic, is increasingly used to package food products. Not only is it completely non-degradable, but also emits toxic fumes when burnt. Almost 90 per cent of these plastics such as polythene carry bags, thermocol packing, plastic wrappings, plastic plates, cups and spoons are actually recyclable. The non-recyclable plastic waste includes plastic pouches, laminated packing and multilayer packaging. Nevertheless, these disposable flimsy highly visible wastes have become trendy, an envious signature of modernity and fast lifestyle. Huge quantities find its

tonnes. Forty-four per cent of these wastes are confined as land fillable, 7 per cent as incinerable and 49 per cent as recyclable hazardous waste. There are 141 hazardous waste dumpsites in 14 states. Only 35 of the 64 Common Hazardous Waste Transportation, Storage and Disposal Sites (TSDFs) sites are notified sites. Total waste handling capacities of TSDFs is about 1.5 MTA and there is a deficit of about 1.2 MTA for land fillable wastes and about 0.9 MTA for incinerable wastes.

Construction and Demolition (C&D) waste includes concrete, bricks, plaster, wood, metal and plastics. The construction industry generates about 10 to 12 million tonnes of waste. About half of C&D waste is not recycled, while items such as tiles, bricks, wood and metal are recycled.

Of the 506.74 tonnes biomedical waste generated per day, 56.87 per cent is treated in the 159 common biomedical waste treatment facilities or captive treatment facilities. There are an estimated 602 biomedical waste incinerators, both common and captive, besides 8,038 shredders, 2,218 autoclaves, 192 microwaves and 151 hydroclaves. Of the 602 incinerators, 70.4 per cent have air pollution control devices while the remaining operate without any air pollution control devices. According to the state pollution control boards

Since no mechanism exists to collect data on waste, the above data are therefore suspect. Even guesstimates are not available for mining waste, packaging waste, electrical items, agricultural waste and waste from end-of-life vehicles and tyres. In the absence of any meaningful assessment of generation of wastes, the current and future capacity to handle waste, any waste management plan by Ministry of Environment and Forests (MoEF), the nodal agency, are rendered ineffective.

Governance of waste management

Article 21 of the Indian Constitution guarantees protection of life and personal liberty, Article 32 offers remedies for enforcement of rights through the Supreme Court, Article 47 stipulates that the State has the duty to raise the level of nutrition and the standard of living, and to improve public health, Article 48A

Action Plan

Management of industrial and municipal waste is the major cause of soil pollution and a serious challenge in terms of magnitude and required resources. An Action Plan will comprise:

a) Develop and implement viable models of public-private partnerships for setting up and operating secure landfills, incinerators, and other methods for the treatment and disposal of hazardous waste, both industrial and biomedical, on payment by users, taking the concerns of local communities into account. The concerned local communities and state governments must have clear entitlements to specified benefits from hosting such sites, if access is given to non-local users. Develop and implement strategies for the clean-up of toxic waste dump legacies, particularly in industrial areas and abandoned mines. More importantly, the reclamation of such lands for future use.

b) Carry out a survey and facilitate the development of a inventory of toxic and hazardous waste dumps, and an online monitoring system for the movement of hazardous waste. Strengthen the capacities of institutions responsible for monitoring toxic waste.

c) Fortify the legal arrangements and response measures for addressing emergencies arising out of transportation, handling, and disposal of hazardous wastes, as part of the chemical accidents regime.

d) Strengthen the capacities of local bodies for segregation, recycling, and reuse of municipal solid waste – recognising inter-alia the positive impacts it may have on the welfare of safai-karamcharis. Setting up and proper operation of sanitary landfills, via competitive outsourcing of services.

e) Give legal recognition to, and strengthen the informal sector which is involved in the collection and recycling of various materials. Enhance their access to institutional finance and relevant technologies.

f) Promote organic farming of traditional crop varieties, through research in and dissemination of techniques for reclamation of land with prior exposure to agricultural chemicals, facilitating marketing of organic produce in India and abroad.

g) Promote biodegradable and recyclable substitutes for non-biodegradable materials. Develop and implement strategies for their recycle, reuse, and final environmentally benign disposal.

h) Develop and enforce regulations for management of e-waste. Promote removal of barriers and regulate the beneficial utilisation of non-hazardous waste streams such as fly ash, bottom ash, red mud, and slag, including in cement and brick making, building railway and highway embankments.

There are only 110 facilities in India for treating barely half of the organic waste generated. About 60 per cent is collected, while the rest remains uncollected

way to dumpsites and landfills causing major pollution when burnt or incinerated.

About 5.7 of the 8 metric tonnes of plastic consumed annually (71.25 per cent) is converted into waste as per the estimate of the Central Pollution Control Board (CPCB) in 2008. This means 15,722 tonnes of plastic waste per day, of which 40 per cent is neither recycled nor collected. Thousands of tonnes of thermoplastics are recycled in small unauthorised units. They manufacture highly hazardous plastic products with poor quality dyes and plasticisers, most of them toxic and carcinogenic. They have high doses of toxic hydrocarbons such as unpolymerised free monomers, contaminants as POPs, pesticides, and heavy metals such as mercury, lead, cadmium and chromium.

Total e-waste generated was 1,46,000 tonnes in the year 2005 and is expected to exceed 8,00,000 tonnes by 2012, making it the fastest growing waste stream. Electrical and electronic products have a high and increasing obsolescence rate. E-waste or its constituents are categorised as ‘hazardous’ and ‘non-hazardous’ waste. About 36,000 hazardous waste generating industries generate 6.2 million

(SPCBs), 53.25 per cent of the 52,001

health care establishments in the

country operate without any

authorisation from their respective

SPCBs.

(Extracts from ‘National Environment Policy, 2006)

What a mess: A civic body worker sorts out waste near the bin

Scattered: Even the beaches in India have not been spared

march 2011planet earth 18 march 2011planet earth 19

demands protection and improvement of environment and Article 51A (g) insists on protection and improvement of the natural environment. Directly relevant legislations are the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and the Environment Protection Act 1986. Further, provisions such as Sec. 133 of Criminal Procedure Code on conditional order for removal of nuisance exist, but are limited to closing down or putting a stop to nuisance, which shall be punishable with imprisonment, or fine, or both, depending upon the court’s discretion. The court too, drawing extensively on international environmental law, employed the ‘polluter pays’ principle (Indian Council for Enviro-Legal Action vs. Union of India (1996) 3 SCC 212) and the ‘precautionary principle’. Agenda 21, an action plan of the United Nations (UN) related to sustainable development, the result of the UN Conference on Environment and Development (UNCED) in Brazil in 1992, stated that governments should ‘promote waste prevention and minimisation as the principal objective of national waste management programmes’ and that governments should

‘develop and implement national plans for waste management that take advantage of, and give priority to waste reuse and recycling’.

MoEF constituted the Central Pollution Control Board (CPCB) in 1974 as an autonomous body under the Water Act, 1974 with additional powers and functions under the Air Act, 1981. The capability of the nation to provide appropriate institutional response to development related disasters was adequately demonstrated with and in the aftermath of the 1984 Bhopal Tragedy. The victims continue their struggle for justice. However, the

need to have a law to provide compensation to victims was recognised. But, it took another decade to have a law in place with the enactment of the National Environment Tribunal Act in 1995. However, this was dumped on the way side by not notifying the Rules. Later, it was repealed and replaced by the National Green Tribunal Act in 2010. This too is yet to become functional. The criminal complicity of the state in giving a free rein to industries to destroy lives and environment is remarkably clear.

Though the Hazardous Waste (Management and Handling) Rules

were notified in 1989 (amended in 2000 and 2003), it fell upon the Supreme Court to monitor its implementation since the government failed to do so. The Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008, repealed the earlier Rules. The Ministry notified Biomedical Waste (Management & Handling) Rules in 1998 (with amendments in 2000 and 2003) under the Environment (Protection) Act for safe handling, segregation, storage, transportation, treatment and disposal of biomedical waste. But, CPCB is yet to carry out any risk assessment of various wastes to public health, leaving the public unaware of the threats they face. The SPCB/Pollution Control Committee (PCC) are the prescribed authority for implementing the provisions of these Rules in the States and Union Territories. The Recycled Plastics Manufacture and Usage Rules, 1999 (as amended in 2003) was replaced by Manufacture and Usage Rules with Plastic Waste (Management and Handling) Rules, 2011 in early February this year. They prohibit the use of recycled plastic bags for storing, carrying, dispensing or packaging foodstuff while stipulating a minimum thickness of bags at 40 microns.

In 2000, MoEF notified the Municipal Solid Wastes (Management and Handling) Rules with Municipalities responsible for collection, storage, segregation, transportation, processing and disposal. The SPCBs were to grant authorisation for setting up waste disposal facilities and monitoring. But waste disposal facilities were largely non-existent and where they existed, most operated without authorisation from the SPCB.

E-waste finds itself included in Schedule IV of the Hazardous Waste Rules under the “Components of waste electrical and electronic assemblies comprising accumulators and other batteries included on list A; mercury-switches, activated glass cullets from cathode-ray tubes and other activated glass and PCB-

capacitors, or any other component contaminated with Schedule 2 constituents (e.g. cadmium, mercury, lead, polychlorinated biphenyl) to an extent that they exhibit hazard characteristics indicated in part C of this Schedule”.

These rules for the management of biomedical, municipal and hazardous waste focussed only on the disposal of the generated waste. They are not about reduction, reuse or recycling of waste. The preferred solution remains just waste disposal. Conveniently for the violators, these rules do not specify any penalty for violation of the Rules. However, Section 15 of the Environment (Protection) Act provides for

imprisonment up to five years or with fine up to one lakh rupees, or with both, and in case contravention continues then up to 5,000 per day of contravention after the conviction. But this is rarely applied. No rules or guidelines have been framed yet for the disposal of wastes from construction and demolition, end of life vehicles, packaging, tyres, electrical and electronic items and agriculture/ forestry.

Though MoEF framed these Rules, it only took ownership of management of hazardous waste. In the case of municipal solid waste, while the MoEF suggests that the Ministry of Urban Development should take responsibility as the local urban bodies are better equipped for collection and disposal, the Urban Development Ministry disowned this responsibility. MoEF also tries to pass off the responsibility of health issues to the Ministry of Health and Family Welfare and on plastic waste to the Department of Chemicals and Petrochemicals, but are rebuffed by them. CPCB merely acts as technical advisor. SPCBs are responsible for biomedical and plastic waste. The ministries have often demonstrated their disregard for the laws and rules they have framed. This leaves the public with no other option but to agitate and to move the courts. But if the courts decide to monitor the implementation of the laws and rules instead of its compliance, then they will have to take on the role of the executive, i.e. MoEF, as was the case with forest laws (T.N. Godavarman Thirumulpad vs. Union of India and Ors). Such is the state of apathy at best and collusion to violate laws that the officials are plagued with.

MoEF introduced environmental labelling called “ECOMARK” in 1991, with certain environmental criteria and quality requirements for any product. Only 20 licenses to 15 companies under three product categories were issued the ECOMARK label. In effect, this has not taken off. MoEF signed the Charter on “Corporate Responsibility for Environmental Protection (CREP)” in 2003 with 17 categories

`

Guidelines

= Establishing a comprehensive database on waste, aiding policy-making and intervention in all the states in India.

= Formalising a policy for popularising internationally accepted hierarchy of waste management with a specific strategy devised for India

= Promulgating laws/rules for the management of major kinds of waste including construction and demolition waste, end-of-life vehicles, packaging waste, mining waste, agriculture waste and e-waste

= Creating a nodal body for researching and suggesting methods and technologies for management of all kinds of waste

= Incentivising public and private involvement in achieving sustainable waste management and facilitating partnerships among resident association, self-help groups and small and medium entrepreneurs

= Devising and implementing disincentives and penalty for violation of the rules

= Capacity building of agencies/bodies both at the central and state levels to be responsible for the implementation and monitoring of waste management rules and strategies

= The Committee has also made recommendations on the legal, administrative and technological interventions required for managing each type of waste as categorised in the CAG performance audit report.

(Extracts from ‘Report of the Committee toEvolve Road Map on Management of Wastes

in India’, March 2010)

Pic

: May

ank

Bha

tnag

ar

Pic

: May

ank

Bha

tnag

ar

Glaring trash: A heap of car headlights at Takia Kale Khan in New Delhi. (Below) Wastepickers sort out trash at a dump in the outskirts of Delhi

march 2011planet earth 20 march 2011planet earth 21

demands protection and improvement of environment and Article 51A (g) insists on protection and improvement of the natural environment. Directly relevant legislations are the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and the Environment Protection Act 1986. Further, provisions such as Sec. 133 of Criminal Procedure Code on conditional order for removal of nuisance exist, but are limited to closing down or putting a stop to nuisance, which shall be punishable with imprisonment, or fine, or both, depending upon the court’s discretion. The court too, drawing extensively on international environmental law, employed the ‘polluter pays’ principle (Indian Council for Enviro-Legal Action vs. Union of India (1996) 3 SCC 212) and the ‘precautionary principle’. Agenda 21, an action plan of the United Nations (UN) related to sustainable development, the result of the UN Conference on Environment and Development (UNCED) in Brazil in 1992, stated that governments should ‘promote waste prevention and minimisation as the principal objective of national waste management programmes’ and that governments should

‘develop and implement national plans for waste management that take advantage of, and give priority to waste reuse and recycling’.

MoEF constituted the Central Pollution Control Board (CPCB) in 1974 as an autonomous body under the Water Act, 1974 with additional powers and functions under the Air Act, 1981. The capability of the nation to provide appropriate institutional response to development related disasters was adequately demonstrated with and in the aftermath of the 1984 Bhopal Tragedy. The victims continue their struggle for justice. However, the

need to have a law to provide compensation to victims was recognised. But, it took another decade to have a law in place with the enactment of the National Environment Tribunal Act in 1995. However, this was dumped on the way side by not notifying the Rules. Later, it was repealed and replaced by the National Green Tribunal Act in 2010. This too is yet to become functional. The criminal complicity of the state in giving a free rein to industries to destroy lives and environment is remarkably clear.

Though the Hazardous Waste (Management and Handling) Rules

were notified in 1989 (amended in 2000 and 2003), it fell upon the Supreme Court to monitor its implementation since the government failed to do so. The Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008, repealed the earlier Rules. The Ministry notified Biomedical Waste (Management & Handling) Rules in 1998 (with amendments in 2000 and 2003) under the Environment (Protection) Act for safe handling, segregation, storage, transportation, treatment and disposal of biomedical waste. But, CPCB is yet to carry out any risk assessment of various wastes to public health, leaving the public unaware of the threats they face. The SPCB/Pollution Control Committee (PCC) are the prescribed authority for implementing the provisions of these Rules in the States and Union Territories. The Recycled Plastics Manufacture and Usage Rules, 1999 (as amended in 2003) was replaced by Manufacture and Usage Rules with Plastic Waste (Management and Handling) Rules, 2011 in early February this year. They prohibit the use of recycled plastic bags for storing, carrying, dispensing or packaging foodstuff while stipulating a minimum thickness of bags at 40 microns.

In 2000, MoEF notified the Municipal Solid Wastes (Management and Handling) Rules with Municipalities responsible for collection, storage, segregation, transportation, processing and disposal. The SPCBs were to grant authorisation for setting up waste disposal facilities and monitoring. But waste disposal facilities were largely non-existent and where they existed, most operated without authorisation from the SPCB.

E-waste finds itself included in Schedule IV of the Hazardous Waste Rules under the “Components of waste electrical and electronic assemblies comprising accumulators and other batteries included on list A; mercury-switches, activated glass cullets from cathode-ray tubes and other activated glass and PCB-

capacitors, or any other component contaminated with Schedule 2 constituents (e.g. cadmium, mercury, lead, polychlorinated biphenyl) to an extent that they exhibit hazard characteristics indicated in part C of this Schedule”.

These rules for the management of biomedical, municipal and hazardous waste focussed only on the disposal of the generated waste. They are not about reduction, reuse or recycling of waste. The preferred solution remains just waste disposal. Conveniently for the violators, these rules do not specify any penalty for violation of the Rules. However, Section 15 of the Environment (Protection) Act provides for

imprisonment up to five years or with fine up to one lakh rupees, or with both, and in case contravention continues then up to 5,000 per day of contravention after the conviction. But this is rarely applied. No rules or guidelines have been framed yet for the disposal of wastes from construction and demolition, end of life vehicles, packaging, tyres, electrical and electronic items and agriculture/ forestry.

Though MoEF framed these Rules, it only took ownership of management of hazardous waste. In the case of municipal solid waste, while the MoEF suggests that the Ministry of Urban Development should take responsibility as the local urban bodies are better equipped for collection and disposal, the Urban Development Ministry disowned this responsibility. MoEF also tries to pass off the responsibility of health issues to the Ministry of Health and Family Welfare and on plastic waste to the Department of Chemicals and Petrochemicals, but are rebuffed by them. CPCB merely acts as technical advisor. SPCBs are responsible for biomedical and plastic waste. The ministries have often demonstrated their disregard for the laws and rules they have framed. This leaves the public with no other option but to agitate and to move the courts. But if the courts decide to monitor the implementation of the laws and rules instead of its compliance, then they will have to take on the role of the executive, i.e. MoEF, as was the case with forest laws (T.N. Godavarman Thirumulpad vs. Union of India and Ors). Such is the state of apathy at best and collusion to violate laws that the officials are plagued with.

MoEF introduced environmental labelling called “ECOMARK” in 1991, with certain environmental criteria and quality requirements for any product. Only 20 licenses to 15 companies under three product categories were issued the ECOMARK label. In effect, this has not taken off. MoEF signed the Charter on “Corporate Responsibility for Environmental Protection (CREP)” in 2003 with 17 categories

`

Guidelines

= Establishing a comprehensive database on waste, aiding policy-making and intervention in all the states in India.

= Formalising a policy for popularising internationally accepted hierarchy of waste management with a specific strategy devised for India

= Promulgating laws/rules for the management of major kinds of waste including construction and demolition waste, end-of-life vehicles, packaging waste, mining waste, agriculture waste and e-waste

= Creating a nodal body for researching and suggesting methods and technologies for management of all kinds of waste

= Incentivising public and private involvement in achieving sustainable waste management and facilitating partnerships among resident association, self-help groups and small and medium entrepreneurs

= Devising and implementing disincentives and penalty for violation of the rules

= Capacity building of agencies/bodies both at the central and state levels to be responsible for the implementation and monitoring of waste management rules and strategies

= The Committee has also made recommendations on the legal, administrative and technological interventions required for managing each type of waste as categorised in the CAG performance audit report.

(Extracts from ‘Report of the Committee toEvolve Road Map on Management of Wastes

in India’, March 2010)

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Glaring trash: A heap of car headlights at Takia Kale Khan in New Delhi. (Below) Wastepickers sort out trash at a dump in the outskirts of Delhi

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of polluting industries for preventing and controlling pollution through a voluntary compliance approach with various measures including waste minimisation. The response to CREP scheme was mixed and ineffective. Further, a moratorium was imposed on environmental clearance for new projects (and expansions) in the 43 critically polluted industrial clusters in January 2010 to stimulate environmental remediation/ mitigation activities by industry and the concerned state governments. However, this moratorium was lifted in five clusters in October 2010 and yet another eight clusters in February 2011 on the recommendation of CPCB.

The National Hazardous Waste Management Strategy drafted in March 2009 is yet to be finalised. No clear-cut law for the protection and safety of waste handlers against deleterious effects of waste handling has been contemplated. And it is only now that the primary role of rag pickers, the more diligent and effective waste handlers, has been recognised and measures to ensure

their safety are being considered. In 2006, MoEF in its National Environment Policy (NEP) merely reflected its concerns (See Box Action Plan) rather than a waste management policy.

A reality check

In 2007, the Comptroller and Auditor General (CAG) of India conducted the performance audit on ‘Management of Waste in India’ across 24 states besides the MoEF and CPCB. The CAG audit report submitted in September 2008 found that MoEF, CPCB and states did not completely assess the wastes or their risks to health and environment, could not make any projections in the future, and did not have effective strategies, targets or timelines. MoEF/CPCB/states did not have complete and comprehensive data on the various kinds of waste. The polluters were 'not being effectively held responsible' and there was no deterrence for violations. Instances of the polluter being held responsible for unsafe disposal of waste were very few. Compliance to the Rules

was very poor as are monitoring. Who is to monitor implementation remained unclear. Funding and manpower for the implementation was grossly inadequate.

Collection of waste by the municipalities was not taking place regularly and effectively, and there was negligible segregation of waste, after collection. Waste processing facilities and scientific landfills were almost non-existent, and as a result, open dumping was the most common option for the disposal of waste. Open dumping of waste was likely to continue leading to harmful effect on health and environment.

Following the CAG Audit, a panel constituted by MoEF in September 2008 submitted its report ‘Report of the Committee to Evolve Road Map on Management of Wastes in India’ in March 2010. It comprised of members from the Central Pollution Control Board, Ministry of Urban Development, Ministry of Health and Family Welfare, CAG, Centre for Environment Education, Toxic Link National Metallurgical Laboratory and made recommendations (See Box, Guidelines) which reads like a pious wish list.

The dump sites are invariably located amongst the poorer sections of the society, away from the landscaped habitations of the affluent. These sites are becoming sites of protests and conflict by local communities. The poor are mostly left to carry the burden of health and environment hazards due to waste that the rich mostly generate. Increasingly, the courts are moved to make the enforcement authority to do what they are supposed to do anyway by law. As growth and development speeds uncontrolled and anarchic, the war on the marginalised people would escalate. Its social and environmental cost, it seems, are to be mitigated by security clamp down rather than a democratic and rational solution.

The writer is an independent researcher involved with democratisation of natural resource governance.

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anMaking sense of plastic: A raddiwala grapples with remanants of cups and other plastic waste strewn around

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3 - 5 March 2011Hotel Hyatt Regency, Kolkata

Sustainable Environment Management:Value to Business through IED

Sustainable Environment Management:Value to Business through IED