COLOUR CODING AND TYPE OF CONTAINER FOR DISPOSAL OF BIO-MEDICAL WASTES:

LABEL FOR BIO-MEDICAL WASTE CONTAINERS/BAGS

LABEL FOR TRANSPORT OF BIO-MEDICAL WASTE CONTAINERS/BAGS:

With a view to control the indiscriminate disposal of hospital waste/bio medical waste, the Ministry of Environment & Forest, Govt. of India has prescribed rules for Bio Medical Waste Management under the Environment (Protection) Act, 1986.

These rules apply to all persons who generate, collect, receive, store, transport, treat, dispose, or handle bio medical waste in any form.

Under Section 3

Definition

Gives definitions and defines Biomedical Waste, to mean means any waste, which is generated during the diagnosis, treatment or immunization of human beings or animals or in research activities pertaining thereto or in the production or testing of biologicals, and including categories mentioned in Schedule I.

Under Rule 4

Duty of Occupier

This rule approaches that, it shall be the duty of every occupier of an institution generating bio-medical waste which includes a hospital, nursing home, clinic, dispensary, veterinary institution, animal house, pathological laboratory, blood bank by whatever name called to take all steps to ensure that such waste is handled without any adverse effect to human health and the environment.

Under Rule 5

Treatment and Disposal

Classifies Biomedical Waste and lays down standards and procedures for disposal as in Schedule I and V and also prescribes the need to in set up in a time bound manner as in Schedule VI, requisite bio-medical waste treatment facilities like incinerator, autoclave, microwave system for the treatment of waste, or, ensure requisite treatment of waste at a common waste treatment facility or any other waste treatment facility.

Under Rule 6

Segregation, packaging, Transportation and Storage

This rule lays down that Bio-medical Waste shall not be mixed with other wastes, but segregated but the point of generation in accordance with Schedule II and containers labeled according to Schedule III. In case the container is transported to any waste treatment facility outside the premises where it is generated, the container shall also carry information prescribed in Schedule IV.

Vehicles transporting Bio-medical Wastes have to be authorized for the purpose by the competent authority as specified by the Government.

No untreated Bio-medical waste shall be kept stored beyond a period of 48 hours, however if for any reason it becomes necessary to store the waste beyond such period, permission of the prescribed authority must be taken done with steps to ensure that the waste does not adversely affect human health and the environment.

Under Rule 7

Prescribed Authority

The State Pollution Control Board have been designated as the prescribed authority for grant and renewed of applications under this rule.

An authorization is granted for a period of three years, including an initial trial period of one year from the date of issue and has to be renewed thereafter for period of three years.

Failure to comply may lead to cancellation after giving proper opportunity of hearing.

Under Section 8 

Authorization

This rule prescribes that every occupier of an institution generating, collecting, receiving, storing, transporting, treating, disposing and/or handling bio-medical waste in any other manner, except such occupier of clinics, dispensaries, pathological laboratories, blood banks providing treatment/service to less than 1000 (one thousand) patients per month, shall make an application in Form 1 to the prescribed authority for grant of authorization. Every operator of a bio-medical waste facility shall make an application in Form 1 to the prescribed authority for grant of authorisation.

Under Rule 12

Accident Reporting

Provides that if an accident occurs in premises, where bio-medical waste is handled or during transportation of such waste, the authorised person shall report the accident in Form Ill to the prescribed authority.

Under Rule 13

Appeal

Any person aggrieved by an order made by the prescribed authority under these rules may, within thirty days from the date on which the order is communicated to him, prefer an appeal to such authority as the Government of State/Union Territory may think fit to constitute:

Provided that the authority may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

Under Rule 14

Common Disposal/Incineration Site

This rule extracts the responsibilities of providing common disposal/incineration sites on urban local bodies, corporation and brands of the waste is generated within the jurisdiction of Municipal bodies. For areas outside the municipal bodies is the responsibility of the generator.

This Article is a summary of the Bio-Medical Waste (Management and Handling) Rules, 1998, for the complete document please visit http://envfor.nic.in/legis/hsm/biomed.html

]]> http://www.wealthywaste.com/bio-medical-waste-management-and-handling-rules-1998/feed 0 http://www.wealthywaste.com/the-water-prevention-and-control-of-pollution-cess-act-1977 http://www.wealthywaste.com/the-water-prevention-and-control-of-pollution-cess-act-1977#comments Wed, 05 Oct 2011 09:46:38 +0000 Dr. Yashpal Singh http://www.wealthywaste.com/?p=249 more »]]> The Water (Prevention and Control of Pollution) Cess Act, 1977

A Summary by Dr. Yashpal Singh and Vinod Dwivedi

Industrial Usage of Water

The Water (Prevention and Control of Pollution) Cess Act, 1977 is a Central Act of Parliament which provides for the levy and collection of cess on water consumed by industries and local authorities.      The act is applicable to the whole of India except the State of Jammu and Kashmir. It is an act to augment the resources of the State Pollution Control Boards.

Section 2 :

Section 2 of the Act defines:

(a)   ‘’Local authorities’’ to mean any municipal corporation or a municipal council or a cantonment board or any other body, entrusted with the duty of supplying water under the law by or under which it is constituted.

(b)   ‘’Industry’’ – to include any operation or process, or treatment and disposal system, which consumes water or discharges sewage effluent or trade effluent  but does not include any hydel power unit.

 Section 3:

The Act provides that the State Pollution Control Boards and Committees shall levy and collect Cess from persons carrying on any industry and from all local authorities for the purposes of and utilization under the Water (Prevention and Control of Pollution ) Act 1974.

The Cess shall be assessed on the basis of water consumed by the person or local authority and would also include supply of water.

It also prescribes for higher rates of cess in the event of the assesse not meeting the standards prescribed under the Environment Protection Act 1986 or with the provisions of Section 25 of the Water (Prevention and Control of Pollution) Act 1974.

If a user liable to pay cess is taking water from another person or authority which is also liable to pay cess, then the end user will pay and the earlier users (suppliers in this instant) shall not be liable to pay.

 Section 4:

Provides for the affixing of Meters and prescribes that for measuring the quantity of water, used by any person or any industry or by local authorities, the persons liable to pay cess should install water meters of such standards and at such positions as may be prescribed. If this is not done then the Central Government (presently the duty of the State Boards) shall install the same and recover the costs from the concerned industry or local authority.

Section 5:

Of the Act lays down that every person liable to pay cess shall have to submit cess returns in the proforma and periodicity as prescribed for this purpose. If the said cess return is not submitted then the Assessing authority shall send a notice requiring the person concerned to submit the said returns before such dates as may be prescribed for this purpose.

Section 6:

Under section-6, the authority or the officer to whom the return has been furnished, shall after making enquiry and satisfying himself that the particulars stated in the returns are correct, assess the amount of cess  payable by the concerned person or industry or local authority and issue necessary cess assessment orders.

In case the return is not furnished then the assessing authority after making necessary inquiries shall make the necessary assessment orders. All assessment orders shall specify a due date for payment.

Cess shall be collected and remitted to the Central Government. Presently the Member Secretary, State Pollution Control Board is the assessing and collecting authority.

Section 7:

Of the Act makes a provision for a rebate of 25% of the cess payable, if the person or authority liable to pay cess  installs any plant for the treatment of effluents .

This rebate, however, shall not be given if the person fails to comply with provisions of Water (Prevention and Control of Pollution) Act 1974 or any of the standards prescribed under the Environment Protection Act. Rebate shall also not be provided if the person or local authority consumes water in excess of the maximum quantity prescribed under the Water Cess Rules.

Section9:

Under section-9, any officer or authority of the state government, duly empowered on this behalf can enter any premises or any industry at any reasonable time for carrying out the functions as according to this Act including the testing of the correctness of the meters affixed under section-4.

Section 10:

Under section-10, if any person or authority fails to pay the amount of cess to the State Government, within the date specified in the order, then they have to pay an interest of two percent for every month or part of a month on the amount payable by them to the State Government.

Section 11:

Section-11 prescribes that if any person or industry or any local authority fails to pay the cess arrears within the specified time, then a penalty not exceeding the amount of cess in arrears can be imposed on the person, industry or local authority by the assessingauthority after giving proper opportunity to be heard .

Section 12

Under section-12, any amount due under this act, including any interest or penalty, under section-10 and 11, may be recovered by the Central Government from any person, or industry or any local authority as arrear of land revenue.

Section 13:

Under section-13, any person, industry or local authority, aggrieved by the order of assessment or penalty shall have a right to make an appeal in such form and manner and within such time as may be prescribed (30 days of receipt of order of assessment or penalty; extendable by a maximum of 15 days at the discretion of the Apellate authority).

Section 14:

Whoever furnishes any return knowing or having reason to believe, the same to be false shall be punishable with up to six months imprisonment or fine of 1000 Rs or with both. The same penal provisions apply to persons evading or attempting to evade the payment of cess.

A Summary by Dr. Yashpal Singh and Vinod Dwivedi

Air Pollution is affecting Lives

The Air (Prevention and Control of Pollution) Act, 1981 is a central Act of Parliament, which provides for the prevention and control of air pollution and maintaining the good quality of air. It has also provided for the establishment of the Central and State Boards for the Prevention and Control of Air Pollution under sections 3 and 4.

According to the Act “Air Pollution means the presence in the atmosphere of any air pollutant”,  and “air pollutant’’ means “any solid, liquid or gaseous substance present in the atmosphere in such a concentration as may be or tend to be injurious to human beings or other living creatures or plant or property or environment.”

POWERS AND FUNCTIONS OF BOARDS

Functions

Section-16 of this act prescribes the functions of the Central Board and includes giving advise to the Central Government, guidance and technical help to the State Boards, coordinating the activities of the state, training, awareness and dissemination of information and planning a nationwide program for the prevention and control of air pollution. The standards for air quality have also to be prescribed by the Central Board. The Central Board may also establish a laboratory or laboratories to assist it in performing its functions. It may also delegate any of its functions to any committee formed by it for the purpose.

Section17 of the act prescribes functions of the State Boards.  It includes training, awareness, planning and executing programs for air pollution control, advising the state government in matters relating to air pollution, collecting and disseminating information, inspecting premises and giving suitable directions for air pollution control, assessing the ambient air quality , laying down  emission standards in consultation with the Central Pollution Control Board (Standards prescribed by the Central Government or the Central Pollution Control Board cannot be relaxed by the State Boards, they can only be made more stringent),advising the state government on the suitability of any location for an air polluting industry and setting up or recognizing a laboratoty or laboratories to enable the state board to perform its functions.

Powers to give directions

Under section-18, the written directions given by the Central Government have to be followed by the Central Board. Similarly the written directions given by the State Government have to be followed by the State Board. If the directions given by the State Government do not match with the directions given by the Central Board, then the matter has to be referred to the Central Government for a decision.

PREVENTION AND CONTROL OF AIR POLLUTION

Power to Declare Air Pollution Control Areas:

Under section-19, the State Government  may with the help of  the State Board declare air pollution control areas, alter any air pollution control area or declare a new air pollution control area after altering the existing areas.

The State Pollution Control Board may also prohibit the burning of any fuel or non fuel material which is likely to cause air pollution or the operation of any appliance which is not an approved appliance in an air pollution control area.

Powers to give Instructions for ensuring Standards for Emission from Automobiles:

Under section-20, the State Government in consultation with the State Board  shall, with a view to ensuring compliance to standards prescribed by it with respect to emissions from automobiles, give such instructions as may be deemed necessary to the concerned authority in charge of registration of motor vehicles under the Motor Vehicles Act, 1939 (Act 4 of 1939), and such authority shall be bound to comply with such instructions.

Restriction on use of Certain Industrial Plant

Section-21 makes a provision of Consent of the State Pollution Control Board for establishing or operating any industrial plant in an air pollution control area. It also lays down procedures for making the application which has to be in the prescribed form and accompanied by such fees as may be prescribed, the manner of inquiry and a time limit of four months within which the consent has either to be granted or refused by the State Board. The consent so granted may be cancelled or refused before the expiry of the period of consent if the conditions are not complied with.

Compliance to prescribed standards

Under Section-22 no person having any industrial plant in an air pollution control area can discharge emissions of any air pollutants in the excess of the standards prescribed by the State Pollution Control Boards

Power of Board to make an application to Court for restraining persons from causing Air Pollution:

Under section-22A, where a violation of the emission standards prescribed by the Board is apprehended the Board may make an application to a court, for restraining such person from emitting such pollutant. The court may issue necessary directions. In case the same are not complied with, by the person, the court may authorize the Board to implement the directions. Costs so incurred by the Board can be recovered as arrears of land revenue.

Power of Entry and Inspection:

Under Section-24, any person authorized by a State Board has a right to enter any place with the objective of performing his duties under the Air(Prevention and Control of Pollution )Act as entrusted to him and shall be provided all assistance by the person operating the plant.

Power to obtain Information:

Under Section-25, the State Board or any officer empowered by the Board has a right to seek information from the occupier or any other person operating the plant (regarding functions as entrusted to the officer in this behalf). He will also have a right to inspect the premises in order to verify the correctness of the information.

Power to take Samples of Air or Emission and Procedures:

Section-26 empowers the State Board or any officer in this behalf to take samples of air or emission from any chimney, flue or duct or any other outlet.  It also prescribes the procedure for giving notice, dividing samples into two parts, sending one part to the Board and the other part to the State air laboratory constituted by the state government under section 28 for analysis.

Appeals:

Under Section-31, any person aggrieved by an order made by the State Board under this act may prefer an appeal before the appellate authority constituted by the state government for the purpose. The appeal has to be generally filed within thirty days from the date on which the order is communicated but the appellate authority may entertain the appeal after the expiry of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

Power to Give Directions:

Section-31A empowers the State Pollution Control Boards in the exercise of their powers and performance of functions under this Act to issue any direction in writing to any person, officer or authority. It has also been provided that  such person, officer or authority shall be bound to comply with the directions.

The power to issue directions under this section includes the power to direct for the closure, prohibition or regulation of any industry, operation or process or the stoppage or regulation of supply of electricity, water or any other services.

PENALTIES AND PROCEDURE

Failure to comply with the Provisions 21 or Section 22 or both with the Directions Issued under section-31

Under Section-37, whoever fails to comply, with the provisions of section-21 or section-22 or directions issued under section-31A, shall in respect of each such failure, be punishable with imprisonment, which shall not be less than one year and six months, but which may extend to six years and with fine and in case of failure continues, with an additional fine of five thousand rupees every day.

Penalties for Certain Acts:

Under Section-38, any person who damages any works or property belonging to the Board, or any notice or other matter put up under the authority of the Board, furnishes false information, fails to inform violation or apprehension of violation of standards or makes a false statement for the purpose of obtaining any consent under section 21, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or both.

Penalty for Contravention of Certain Provisions of the Act:

Under Section-39, any order or direction issued under the Air (Prevention and Control of Pollution) Act for which no penalty has been provided elsewhere in this Act, shall be punishable with imprisonment for a term which may extend to three months or with fine of ten thousand rupees or both and in case of failure continues, with an additional fine of five thousand rupees every day.

Offences by Companies:

Under Section-40, every person who, at the time of offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly in this act prescribed.

For the purpose of this section:

(a)   “Company” means any body corporate and includes a firm or other association of individuals; and

(b)   “Director”, in relation to a firm, means a partner in the firm.

Offences by Government Departments:

Under Section-41, where an offence under this Act has been committed be any Department of Government, the head of the Department or any other officer responsible by way of consent, connivance or  neglect shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Most stakeholders are taking an increasing interest in the functioning of companies in terms of evaluating what the company has actually done, good or bad, in terms of its products and services and its impact on the environment and local communities. Social responsibility is just not a philanthropic exercise, but a means to create wealth also. Scientific evidence may be required to prove that corporate social responsibility initiatives result in greater profits but it is without doubt that it does provide intangible benefits through enhancing brand loyalties, stronger employee morale and greater investment confidence. It has a great potential to enhance the competitiveness of business because of a better social acceptance for the enterprise. It should therefore be planned accordingly. If it is regarded as a purely philanthropic exercise, it will be the first to succumb to resource crunches.

Corporate Social Responsibility is not a new concept to India. Corporates like the Tata’s, Birla’s, the I.O.C and others have been involved with serving communities since inception. Earlier efforts at corporate social responsibility were more centred on the internal aspects of corporate responsibility like the customer, ethical behaviour, staff welfare, corporate governance and transparency. External aspects like philanthropic giving and ethical investments on communities were low in priority. It is encouraging to note that many corporate houses are now partnering with communities in the areas of health, family welfare, education, environmental protection, potable water, sanitation and the empowerment of women and other marginal groups. Triple Bottom Line accounting practices now include social and environmental dimensions also. Performance may be assessed in terms of being “water positive”, “carbon positive”, “solid waste recycling positive” etc. It is also being increasingly felt that G.D.P. calculators must now account for the cost of environmental degradation as well as replenishment. This concept of “Green G.D.P.” is expected to reveal the true dimensions of economic growth. It will also provide policy makers and civil society a realistic assessment of priority issues.

Both in terms of functional initiatives and the geographical area of operation, it is the organisational mandate that has played a more decisive role. Current relevance of issues and demand from communities appears secondary. It would be more prudent to select priorities on the basis of community expectations .This would ease implementation by securing cooperation and participation by all stakeholders and also give the company adequate leverage in terms of competitiveness.  Apart from partnering with communities in the areas of health, family welfare, education, environmental protection, potable water, sanitation and the empowerment of women and other marginal groups, a number of areas like creating awareness on personal hygiene, sanitation, education support to underprivileged bright students, strengthening the village level health and education facilities, wetland conservation, wasteland development, and the protection of heritage, art and culture, music and dance may also be of interest to local communities.

Corporate social responsibility benefits are beset with a number of challenges. In a developing India where food, shelter and clothing are still the primary requirements, garnering community participation on social issues is difficult. This may be coupled with a lack of awareness among communities and the perception of it being merely a donor driven exercise. Implementing agencies may not disclose information on audits, impact assessments of initiatives and the utilisation of funds. Local capacities are limited in assessing the needs of the community and also in working along with companies to successfully implement social responsibilities. Media sensitivities are low. Duplication of initiatives is not uncommon. Corporate perception reveals that the absence of an effective incentive and reward framework for sustainable business practices is today the largest barrier in harnessing the innovative capabilities of business.

In order to ensure that social initiatives are sustained and replicable, there is a need to increase awareness. This may help in confidence building amongst communities also. CSR needs to be in built in the existing and future strategies of all stakeholders. The small and medium enterprise has to be more actively associated with CSR. Corporates, Government and N.G.O’S could pool resources and draw up plans. In assessing priority initiatives, rural areas need to be taken up. A local alliance could be built up amongst all stakeholders to foresee planning and implementation. The Government could consider a scheme of rewards and incentives. Legislative support to making C.S.R. compulsory could be examined by the government and the monitoring mechanism for compliance strengthened. Presently the Environmental Impact assessment notification of 2006 enables the government to prescribe compulsory incorporation and implementation of C.S.R. initiatives. The N.O.C. issued by the Pollution Control Boards could have identical provisions in order to involve the small and medium enterprise also. A system of accrediting implementing agencies could also be initiated to ensure credibility. Media support, of course, is indispensable.

In terms of meeting their objectives on C.S.R., corporate houses should set aside a fixed percentage of their profits after tax towards C.S.R., prepare a plan well ahead of commencement of the financial year, highlighting objectives, quantifiable benefits, financial allocations and review mechanisms. Fund allocation could be done after consulting specialised agencies having experience in related fields and issues.

The Ministry of Corporate Affairs,  Govt. Of India has come up with The National Voluntary Guidelines on Social, Environmental and Economic responsibilities of Business. These prescribe the basic principles, define self assessment indicators and provide a reporting framework for making disclosures to stakeholders. They also emphasise on the need of a well thought “Corporate Social Responsibility” policy. A policy that would include care for all stakeholders; be ethical, transparent and accountable; respect workers rights and welfare; have a respect for human rights and environment and provide for activities for social and inclusive development. Business houses, industry, civil society organisations, government bodies and research organisations have to be brought together in formulating the policy. Apart from the guidelines prescribed by the Ministry of Corporate Affairs as above, surveys have suggested that the policies should complement the efforts of the government in the nation building process; provide localised rural employment and livelihood opportunities; provide a commitment towards raising the quality of life and social well being of a community by contributing to the basic needs of life in harmony with nature. The policy should achieve to create business leadership ensuring social and environmental sustainability and provide upliftment of the deprived and a sustainable world in which N.G.O’S, Government and other stakeholders work together to achieve inclusive growth and quality.

For a good response to C.S.R. initiatives, corporate houses may need to demarcate commercial activities from C.S.R. and exclusively focus on it. It should have genuine social concerns for the community, be transparent in its initiatives, generate adequate funds and follow a system of internal and external financial and social audits. A good C.S.R. initiative will help in building a positive and long term relationship with communities by providing support where government support is inadequate. It will assist in overall prosperity of the region of operation and the creation of a healthy resource base for the corporate. Shareholder values will increase when customers exercise a preference in favour of businesses with a sound C.S.R. involvement.

Clean Drinking Water!!!

The Water (Prevention and Control of Pollution) Act, 1974 is a Central Act of Parliament which provides for the Prevention and Control of Water Pollution and the maintaining or restoring of wholesomeness of water. It also provides for the establishment of the Boards for the Prevention and Control of Water Pollution section 3&4 and for assigning to such Boards, Powers (Sections 18,19,20,21,23,30,33,33A of Water Act) and functions (Sections 16,17 of Water Act)

The Act provides that no person shall discharge any sewage or trade effluents  beyond the standards as prescribed by the Board into any stream, river, well or on land. It also provides that no person shall knowingly  cause an impediment in the flow of any stream which may lead to aggravation of Pollution (Section 24).

The Act establishes a mechanism of consent wherein a consent to establish (Section-25) has to be obtained from the Pollution Control Board for establishing or  taking steps to establish any industry, operation or process or any treatment and disposal system which is likely to discharge sewage or trade effluents into a stream, river, well or land or to begin to make a new discharge of sewage or alter the existing discharge. A consent to operate has to be obtained for existing facilities (Section-26). The consent unless given or refused earlier be deemed to have been given unconditionally on the expiry of a period of four months of making a complete application to the Board along with the prescribed fees (Section 25, 26 Water Act). The act provides for an appellate Authority to address to grievances against orders made by the Board under section 25/26 and 27. Such appeals have to be filed within 30 days but give the power to the Authority to hear the cases even after 30 days if satisfied about the reasons for delay (Section 28).

Where certain works prescribed under Section-25 and 26 are to be executed for the prevention of pollution by any person and the 04 person fails to execute these works the Board may get the works executed and recover the amount so spent along with interest as arrears of land revenue (Section 30 Water Act).

The Board has been empowered to make applications to courts for restraining pollution. The courts may in turn redirect the person to take necessary action or authorize the Board to undertake the mitigation works. Expenses incurred by the Board are recoverable from the concerned person as arrears of land revenue. (Section 33 of Water Act). A board may also issue directions which may include the directions to close prohibit or regulate any industry, operation or process or the stoppage or regulations of supply of electricity, water or any other services. (Section 33A)

Failure to provide information as sought under Section-20 is punishable with imprisonment  for a period up to 3 months or with fine which may extend to 10000 rupees or with both and in case the default continues with a fine which may extend to 5000 Rs. for every day during which such failure continues. Failure to comply with directions issued under section 32 or 33 (A), would be punishable with imprisonment for a term extending from 18 months to 72 months and with fine. Continued failure to comply invites  a fine of Rs. 5000 for every day to a period of 1 year beyond which it is punishable with an imprisonment of 24 months to 84 months and with fine (Section 41).

Destruction, obstruction, damage to Board property, not furnishing information or providing false information, tempering of diaries etc. is punishable with imprisonment which may extend to 3 months or with fine which may extend to Rs. 10,000 or with both. (Section 42).

Discharging effluents beyond standards prescribed by the Board or establishing any industry, operations or process likely to generate effluent or continuing to use an outlet without the consent of the Board shall be punishable with imprisonment ranging from 18 months to 72 months and with fine. Continued contravention invites an enhancement penalty of 24 months to 84 months of imprisonment and with fine. (Section 43, 44)

Provisions for sampling have been provided under section 21. Samples on the request of the occupier have to be divided into two, one part analysed by the Board laboratory and the other part by the reference laboratory designated as the State Water laboratory (Section 21)

Apart from the Pollution Control Boards, any person who has given a notice of not less than 60 days to the Pollution Control Board, of his intention to do so can make an application to the Court not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of first class (Section 49).

The State Government and the Central Pollution Control Boards can issue directions to the State Pollution Control Boards (Section18)

Standards published by the Central Government under the EP Act cannot be relaxed by the State Board but can be made more stringent.

These rules are formed so that the industries do not let out waste in busy areas and at the same everything is smooth. The notification about the MSW rules was given by the Central government in the year 2000 and this is the reason why the draft is called as MSW rules 2000.

Most of the rules pertain to municipality who will take care of their respective areas only then it is possible that cleanliness as well as hygiene can be maintained. Annual reports are prepared which deal with the progress report and the amount of work which is done in the entire year. This will be an incredible step as progress can be monitored from time to time.

In this article we will discuss the rules of MSW laid down by the regulatory body. These are given below:-

1. The very first rule is the basic concept of the framework which deals with the activities of collecting, transferring and string the municipal solid waste. The best part of this framework is that it complements the rules of biomedical waste rules of 1998 along with the hazardous waste rules of 1989. The main reason for the formation of the rules is to start a procedure for dealing with the solid e-waste. The responsibilities which are concerned have to be furnished well. But the rules were kept under revision and then they were applied from the year 2006.
2. It is the duty of the municipality to take care that centers are set up for handling the solid e-waste. The municipality has to render the most excellent infrastructure facilities which will help in right disposal of the e-waste. The municipality corporation has to take care of the people by maintaining hygiene in the society. The appropriate processing is very necessary and hence keeping in mind the health prospective becomes important.
3. The rules are also related to the collection stage which is very crucial. The municipal has set up an efficient system through which the waste is collected from door to door. Waste is also collected from the fish market, vegetable market as well as other areas so that the objective is met. Even horticulture waste comes under this category and therefore norms are based on the state laws.

Stress on Treatment of e-waste

1. The next rule is based on the treatment of the solid e-waste. The use of the latest technology is the advantage which can be availed to minimize the effect of e-waste. The treatment can include the composition as well as the anaerobic digestion.

Disposal of e-waste

1. Disposal is another section of the rules which state that the waste can be filled in the land. But this is only concerning the waste which cannot be recycled in any way. If the waste is biodegradable then it can be filled in the open lands as it is against the rules. Even the mixture of waste and water is not permitted in any case and if there is any issue the municipality will take strict action against the organization or the concerned individual.
2. Because of the strict rules of disposal there are many lands which are going through controversies. A similar example can be seen in Surat where the municipality is not granting the permission to any power plant in that area. Even the Gujarat state pollution board is not granting the permission due to which the land has not been used for any work since 3 years. If any decision is not taken the land will be ceased by the government and can be utilized in any way it wants.
3. The rules ask the industries and organizations to plan where the solid e-waste has to be disposed and how it will be carried to the site. The site has to be decided beforehand so that there are no issues later. If proper planning is done it will be simple for the industries to follow the rules. In this process the infrastructure facilities play an essential role because if sites are not designated the people will be unaware about the disposal places. On the other hand mitigation measures are also very important and will give excellent results.

Mitigation measures

1. Though the waste will be collected outside the city but still the bad odour will definitely affect the nearby places. For this purpose landfill collection gas system is set up for the safety needs and at the same making the air fresh. Even in case of power generation it is necessary that such systems are installed for maintain the quality of the air. Most of the pollution and diseases occur because of the fact that waste is left open and no action is taken for it. The municipality has to be aware of such things in order to make things better.
2. According to schedule 4 it is said that the e-waste which is rotten should be enclosed in an area and cover it so that no harmful gases come from it. This will become the cause of many diseases and also increase the pollution. It is vital to take precautions or else animals will drag the waste to different places thus making the place dirty. The waste should not be left open in any case and strict measures have to taken to minimize the issues. The municipality can take help of the technology to devise new strategies and purposeful designs.

Even if the waste is recycled it is necessary that it meets the standards which are mentioned in the rules or the state laws which are followed.

Conclusion

In the end it can be said that these rules have really made a difference as the authority has become more aware about the current needs of the people and takes extensive measures to resolve them.

Both the state as well as central government has taken the initiative to work for the welfare of the people and looking for a clean India.

Sources:-

http://www.legalindia.in/municipal-solid-wastes-management-and-handling-rules-2000

http://www.indiaenvironmentportal.org.in/taxonomy/term/2531

http://www.green-ensys.org/site/publications/MSW_Rules_%20A_critique.pdf

http://www.nswai.com/envis-mswrules.php

Moef Guidelines for disposal of E-waste

In order to deal with the problem of e-waste the Ministry of Environment and Forests, Govt. of India has prescribed the e-Waste Management and Handling Rules, 2011. These rules were notified vide S.O.No.1035 E dated 12-5-2011 but will be effective from 2012 only.

These Rules contain the following provisions:

Chapter 1- Preliminary

The rules are applicable to producer, consumer or bulk consumer engaged in the manufacture, sale, purchase and processing of electronic equipment or components and to recyclers, collection centres and dismantlers of e-Waste.  The following activities are excluded from the ambit of this act,

1. Batteries as  covered in the Batteries (Manufacture and Handling) Rules 2001
2. Micro as well as small enterprises as defined in the Micro, Small and Medium enterprises Development Act 2006
3. Radioactive waste as defined in the Atomic Energy Waste.

Some terms used in the act like e-Waste, electronic goods and equipments, authorization, consumer, dismantler, disposal, environmentally sound management , Central and State Boards etc., have been defined

Chapter 2 – Responsibilities

Responsibilities prescribe the duties to be performed by the producer, collection centers, consumers, dismantlers and recycler.

E-waste has to be properly segregated and collected through authorized vendors.  Collection centers are set up to store the e-waste in the right form and in a secure place as per prescribed standards and procedures ensuring that no damage is done to the environment. Records have to be maintained to keep a detail of the amount of e-waste and centers.

The dismantlers and recyclers are also required to follow the prescribed procedures. Refining of precious and other metals can only be done by recyclers registered with the Central Control Board.

Chapter 3 – Seeking authorization for handling e-waste

Handlers of E-Waste as above have to seek an Authorisation of the State Pollution Control Board. Recycling Facilities have to be registered through the Central Pollution Control Board.

Chapter 4 – Storage for e-waste

E-waste can be stored for a maximum of 3 months unless otherwise permitted by the  State Pollution Control Board. Proper records of sale, segregation as well as transfer have to be kept.

But in certain cases the State Pollution Control Board can increase that time period. It can be either in the case when the States do not have registered centres and do not have recycling facilities. The other case may be when the e-waste is required for the development process or its reuse.

Chapter 5 – Decrease in the percentage of the hazardous substances used in the manufacturing process of electronic equipments

The manufacturing process should not include the listed elements like lead, chromium, mercury etc. Even if they are used in severe cases the percentage should be about 0.1% not more than that.

Sources:-

http://www.cpcb.nic.in/latest/27.06.08%20guidelines%20for%20E-Waste.pdf

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

http://articles.timesofindia.indiatimes.com/2008-04-22/nagpur/27757081_1_e-waste-maharashtra-pollution-control-board-ranks-first

There are lots of countries which are facing the problem related to handling the e-waste. E-waste usually consists of substances which can bring adverse effects to the atmosphere and hence managing it in a proper way is important. Apart from affecting the environment it can also affect the health of the people. But the main issue is the right utilization of the e-waste and how it can be stored and recycled. Most of the countries do not have proper infrastructure that can help them to manage the e-waste activities. Usually they bury the waste or burn it in open air. Sometimes the waste is led in to waste which can cause water pollution. Hence these are the reasons which affect give us the need to understand the management for better environment.

While there are few developed countries which use efficient ways of recycling that are very useful. There is no harm to nature and people can enjoy the fruits of happiness. The developed nations go for latest technologies which render the best services. But on the other hand the undeveloped countries lack the funds and the technology platforms which can bring a difference to the use of e-waste.

The concept of EPR comes into action as it proves beneficial in the long run. Right usage of the e-waste will prove useful as it demanding and the need of the hour. Even the government has tried to take different measures which are long lasting and provide an excellent approach towards e-waste.  The implementation of the latest technology is very important or else the results will not be according to the input. The EPR which is used in the process will prove effective if the right direction is chosen.

The developing countries have some key issues regarding the e-waste which must be kept in mind. The effective management will definitely give the best results for which you are waiting.

Objectives of e-waste handling

In order to deal with the problem of e-waste the government formulated some rules that could be effective. These rules were designed with an aim and therefore many things together combine to form an excellent management strategy.

The objectives of the various strategies of e-waste are given below:-

1. Effective management is important for the reason that it can bring a positive effect on nature. If the e-waste is not handled in the right manner there are chances that it can cause ill effects on health. The handling of e-waste has to be best and therefore it is essential that each and every step is followed one by one to attain superb outcomes.
2. For the strategy there should be a proper planning. Either the organizations can come forward for the help or even the government can devise some rules for this purpose. There are many strategies which can work but recycling is one of the best one that is followed by many countries as well developed nations. There is less cost involved in this process and beneficial at the same time. Disposal is another option which can be tried to get the right result.
3. National Environment Act was formed in the year 2006 which devised new methodologies for e-waste handling. As it is a common issue going in many countries hence policies are designed to meet the current needs in the best manner. Emphasis is laid on using the clean technologies as it will make the atmosphere clean and a place to live in.

Proposed Actions

1. Reporting

Every year many industries are set up and the ways of generating the products are improving. Thus a large e-waste is generated which can be harmful. Thus it becomes the duty of the industries to submit a report of the e-waste generated by their industry so that adequate steps can be taken to combat with the problem. Even if they collect the waste the time period should not exceed by 90 days at the maximum.

2. Avoid waste and minimize the sources

Most of the industries generate e-waste and leave it either in waste or by burning it. It is not the right thing as you are polluting air as well as water. The air we breathe in contains harmful gases which are injurious to health. Similarly with water too you can become prone to a number of diseases.

There is a proper hierarchy which is followed in the management system by introducing each level at the right time.

3. Reuse and recycling of the e-waste

There are lots of ways which can be used for recycling but the suitable one is important. Waste exchange centers can be designed where waste can be collected and then proper utilization can be done afterwards.

Proper channels can be planned by which the e-waste can reach to its place. This will not affect the environment and the pollution will be lowered. Even water can be recycled in a number of ways as it has also become a source of problem.

4. Treating the e-waste and improving storage options

There are only 12 states which are initially having the best storage facilities for e-waste. This includes the 25 centers which are managing the activities according to the needs. Storage place is important or else the industries will dump the waste at wrong places. Thus it becomes essential to set up areas for this purpose.

Though it is difficult to decide the site for such things hence the government can render their help to the organizations which are involved in this work.

Escrow fund facility is adopted which is a new platform for the government. It helps in monitoring the problems and finding the solution for it. Even in case of calamities the funds can be utilized to deal with the problem and getting over it as soon as possible.

The central government is taking measures in dealing with e-waste handling and trying to formulate rules for it. Many acts are being proposed along with the changes that can better the rising graph of e-waste mismanagement.

Conclusion:

Thus this was a complete review about the e-waste handling management and what objectives have to be achieved in its concern.

Sources:-

http://ewasteguide.info/biblio/overview

http://moef.nic.in/downloads/public-information/Modified%20Draft%20E-waste.pdf

http://www.cedt.iisc.ernet.in/green/Draft%20E-waste-Rules%2030.3.10.pdf

http://www.kerenvis.nic.in/legislation/E-waste%20management%20and%20handling%20rules2008.pdf

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