Solid Waste Management—An Indian Legal Profile
Prof. Satish C. Shastri*
Rapid and widespread industrial development, unplanned urbanisation, regular flow of persons from rural to urban areas and improper and inadequate action of the authorities entrusted with the work of pollution control and environmental protection have largely contributed to unhealthy and degraded environment. This all, in turn, affected the quality of life of the large number of persons. Unplanned and alarming rate of urbanisation has given rise to many environment related problems, such as problem of health and hygiene, sewage, disposal of solid waste, air, water and land pollution, slums, housing, basic amenities and others. Looking to cumulative widespread and deleterious effects of these problems, Justice Kuldip Sing declared ‘historic city of Delhi—the capital of India—is one of the most polluted cities in India.’
Apart from air and water pollution problems, most gigantic problem which modern cities and industries are facing is the solid waste disposal problem. The Supreme Court of India has rightly warned that ‘the authorities entrusted—with the work of pollution control—cannot be permitted to sit back with folded hands on the pretext that they have no financial or other means to control pollution and protect environment.’
Problem of solid waste was also highlighted by the World Commission on Environment and Development in its report ‘Our Common Future’ (1987). It also referred the incidence of major accidents of hazardous waste disposal site—at Love Canal incident in USA, at Lekkerket in Netherlands, Vac in Hungary, Georgswerder in Federal Republic of Germany and Minamata in Japan. Moreover, it is predicted that by the year 2015, 53 percent of the world population will be city dwellers and it is the third world who will face urban doom. The management of solid waste problem is the by-product of this urban doom. Management of solid waste includes production, transportation, disposal techniques and its treatment.
Th US Congress, in the 1976 Resources Conservation and Recovery Act defined ‘solid waste’ as—
‘Any garbage, refuse, sludge from a waste treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolids or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and community activities.’
The Municipal Solid Wastes (Management and Handling) Rules, 2000 has defined ‘municipal solid waste’ as ‘commercial and residential wastes generated in a municipal or notified areas in either solid or semi-solid form excluding industrial hazardous wastes but includes treated bio-medical wastes.’
According to Purden & Anderson, ‘refuse and solid waste are about the same thing, Garbage is food waste, Trash and Rubbish are roughly equivalent terms; They contain little or no garbage. Trash frequently refers to grass and shrubbery clippings, papers, glass, cans and other household wastes. Rubbis is also likely to include demolition materials like brick, broken concrete, and discarded roofing and lumber.’ It has further been clarified that solid waste includes discarded and abandoned appliances tank autos, mine and manufacture waste, agricultural, lumbering, hospital, research laboratories and industries. Some industrial wastes are toxic or hazardous.
It is important to ascertain the nature of waste whether it is biodegradable or combustible in handling and disposal of solid waste. Combustion and landfill method of disposal further gives rise to problems like air, water and land pollution, affecting adversely the health of the man, and flora and fauna. Apart from household, office waste, the waste from industries within the city precincts have become a threatening problem now-a-days. Waste from industries using chemicals and synthetics, biomedical waste are hazardous or dangerous waste too.
Recently, various scientific studies have proved it beyond doubt that ‘Dioxins are among the deadliest chemicals to humans. These chemicals are by-products of industrial process and municipal solid waste.’ Dioxins are released mostly from burning of chlorinated compounds e.g., from garbage, medical waste and toxic chemicals. Dioxins from incinerators contaminate the air, water and food passing these deadly pollutants on to people through milk, meat and other fatty animals products. Bleaching of paper which chlorinated compounds, production of P.V.C., plastics, chlorinated pesticides and secondary smeltering of copper also produces dioxins. Essentially, to produce dioxin we need organic matter, chlorine and reactive thermal environment. The Environment Protection Agency’s (USA) Report released in June 2000 has finally made it clear that dioxin can cause cancer and a big health hazard. In a land-mark decision on July 24, 2001, a Federal Appeals Court ordered the US Government to rewrite standards for hazardous waste incinerators and cement kilns, and declared that US lacked proper limits on airborne emission of dioxins. Thus, incinerators are the main source of dioxins. Since the burning of unsegregated waste is a common practice in India, the burning of P.V.C. (poly-vinyl-chloride) and chlorinerade waste causes dioxin which are transported through the atmosphere as vapours or attached to air borne particulates and can be deposited on soil, plants, grass or other surface including water bodies and exposed parts of man and animals. Such exposure to dioxin causes skin rashes, discoloration of skin, excessive body hair, liver damage, lymphoma, soft-tissue sarcoma, spina bifida and chlorace etc. Dioxin has also been responsible for psychological damage, reduced level of male sex hormone and cardiovascular deterioration, looking these widespread ramification, there is urgent need to contain and control this problem.
Several studies of adverse effects of dioxin on human health have been made in USA, Vietnam, Japan, Australia, UK, Italy, Sweden. Green-peace also released its report ‘No margin of safety’ in 1987 revealing that there is no safe level of dioxin exposure. In 1999, the Belgian Government was toppled due to food dioxin scare. Recently, a meeting of scientists in Hanoi agreed to make pilot study on screening on soil and sediments for dioxin effects. The Environment Protection Agency (EPA) of USA in its report released in June 2000 declared that there are stronger links between to dioxin and adverse impacts on human health. Greenpeace International Report quoted a study conducted on 70 municipal solid waste (MSW) UK incinerators operating between 1974 to 1987 and 307 hospital waste incinerators from 1953 to 1980 identify two-fold increase in the cancer deaths in the children living nearby. Some of the incinerators have been prosecuted for it. In a Landmark decision in USA, the Federal Appeals Court ordered the US Government to rewrite standards of hazardous incinerators and cement kilns and declared that the nation lacked proper limits on airborne emission of dioxins. Now, there is a movement in USA demanding that dioxine be eliminated at source.
Indian Scene
Dearth of scientific research in the field of results of dioxine shows that Indians are yet to realise the gravity of dioxin contamination and its related health effects. Dioxin is nowhere monitored in India, but dioxine is produced throughout country. Due to lack of any scientific studies, persons are not aware of the threatening dimensions of the problem major sources of dioxin are poly-vinyl chloride (PVC), burning of unsegregated wastes, chlorinated paper and biomedical waste (BMW) incinerators and other burning of chlorinated compounds both at its production and dispersal. In India, with unsegregated plastic waste growing, burning is the normal practice for disposal. Looking to widespread, and grave ramification of the on human health, the handling, management and disposal of municipal solid waste has assumed threatening dimensions.
Management of Municipal Solid Waste in Old India
Since Vedic time, the prime motto of Indian social life was to live in harmony with nature and in an hygienic environment. Vedas, Upanishads, Smiritis and Dharmashastras preach in one way or another a worshipfull attitude towards plants, trees, mother earth, sky, vayumandal (sky), water and animals (all living creatures). Thus, polluting air, water or land was regarded as sin as they were to be respected and regarded as God and Goddesses. Maintaining them pure was considered to be the duty of everyone.
Manusmiriti—first systematic treatment of Hindu Law, also prohibited the throwing of garbage, dust, rubbish, pieces of meat etc. on the highway and in water bodies and made it punishable. It emphasized to maintain clean, hygienic and unpolluted atmosphere near dwelling houses and around towns and villages.
Proper sanitation and keep the public places clean was maintained as a duty of everybody and violation of such duty was considered to be punishable. Kautilya in his Arthshastra has mentioned that maintaining sanitation of habitat was essential and inviable. The great epic Mahabharata also identified environmental pollution and that whole society may suffer from various diseases because of it. The Charak—doyen of Ayurveda also emphasized on the wholesomeness of water and pure air as the pollution of both causes many type of diseases. Other scriptures also cautioned against disposal of civic waste and industrial refuge into rivers as they are considered to be sacred and respectable by the Hindus. Thus, Hindu culture and scriptures cautioned against those activities which were detrimental in any way to the quality of environment.
Criminal Laws and the Waste Management
There are two major criminal laws dealing with solid waste management—(a) The Indian Penal Code, 1860; and (b) The Criminal Procedure Code, 1973.
The Indian Penal Code and Solid Waste Management
The Indian Penal Code of 1860 has dealt with solid waste management under Chapter XIV ‘of offences affecting the public health, safety, convenience, decency and morals’. Since, solid waste gives rise to various type of diseases and is dangerous to public health, it has been treated as ‘public nuisance’ and has been made punishable. But there is no direct section in the Code which deals with the problem of solid waste.
Provisions under the Criminal Procedure Code, 1973
Section 133 of the Criminal Procedure Code, 1973 deals with ‘removal of nuisance’ and empowers the Sub-Divisional Magistrate or any executive Magistrate, on receiving report/information, to make order to remove the public nuisance and desist from carrying any trade, business which is causing public nuisance. The Court have made use of Section 133 of the Code widely to deal with the problem of solid waste management. In the famous case of Municipal Corporation, Ratlam v. Shri Vardhichand Justice Krishna Iyer declared that ‘…the guns of Section 133 go into action wherever there is public nuisance. The public power of the Magistrate under the Code is a public duty to the members of the public who are victims of the nuisance.’ If the order is defied or ignored, Section 188, I.P.C. comes into penal play. It was further, observed that ‘imperative tone of S. 133, Cr.P.C. read with the punitive temper of S. 188 I.P.C. makes the prohibitory act a mandatory duty.’
The Court also pointed out that Article 47 of the Indian Constitute makes it a paramount principle of governance that ‘steps are taken for the improvement of public health as amongst its primary duties.’
Right to sanitation, decent and dignified life
The courts on various occasions have declared in unequivocal terms that maintenance of health, preservation of sanitation falls within the purview of Article 21 of the Constitution as it adversely affects the life of the citizen and it amounts to slow poisoning and reducing the life of the citizen because of the hazards created, if not checked. The court have also declared that it is a primary, mandatory and obligatory duty of the municipal corporations/ councils to remove rubbish, filth, night soil or any noxious or offensive matter. The Pollution Boards and its officers have a basic duty under the Environment (Protection) Act, 1986 to stop unauthorised movement and/or disposal of the waste. They are also empowered to take action against erring industries and persons. In Virendar Gaur v. State of Haryana and in many other cases, the Supreme Court has time and again declared that right to life under Article 21 encompasses right to live with human dignity, quality of life, and decent environment. Thus, pollution free environment and proper sanitary condition in cities and towns, without which life cannot be enjoyed, is a integral facet of right to life.
A Landmark Case
The Supreme Court of India in Dr. B.L. Wadehra v. Union of India, emphatically pronouncement that the ‘resident of Delhi have a statutory right to live in a clean city.’ Therefore, Municipal Corporation of Delhi (MCD) and New Delhi Municipal Council (NMCD) are under a statutory obligation to scavenge and clean the city and ‘it is mandatory for these authorities to collect and dispose of the garbage/waste generated from various sources in the city.’ It was further observed that ‘non-availability o funds inadequacy or inefficiency of the staff, insufficiency of machinery etc. cannot be pleaded as ground for non-performance of their statutory obligations.’
The Court also issued various directives to MCD and NMCD regarding the collection, transportation and disposal of garbage and hospital waste. Direction were also issued to install sufficient number of incinerators particularly in the hospitals with 50 beds or more. Sanitary Land Fill (SLF) were to be identified for disposal of garbage and solid waste. MCD and NMCD with NEERI were also directed to find out alternate method/methods of garbage and solid waste disposal. It was also mentioned that the residents of Delhi must be educated through mass media regarding their civic duties and that in case they violate any provision of the respective Acts they must be penalised. Directions were also issued in the matter of collecting and disposal of garbage.
The Government was directed to appoint Municipal Magistrate for the trial of the erring persons. And the Central Pollution Board and Delhi Pollution Committee were also directed to send inspection teams to ascertain that collection transportation and disposal of garbage/waste is carried out satisfactorily. Thus, the Court, through this decision tried to evolve a code of conduct for the municipal authorities and general public to collect, and dispose of the garbage/solid waste.
It was first case where Court dealt with the right to clean environment of the citizens and obligatory duty of the government and its instrumentalities to keep the city and town clean. The Court also ordered for construction of compost plant—at least five, within a period of six months. And to use the ‘Sanitary Land Fill’ areas for forestry purposes only.
The Supreme Court of India made a historical pronouncement in B.L. Wadhera case regarding the statutory obligations of the municipal bodies to clean and scavenge the city and proper collection, transportation and disposal of solid waste of the Delhi but for a long time the municipal authorities did not adhere to the fourteen directions issued by the court. And, the condition of capital of India—Delhi, did not improve.
As a sequel to it, another writ petition was filed Almitra H. Patel solely regarding the management of solid waste disposal. The Supreme Court, thus, made it second edict solely and exclusively on the management of municipal solid waste disposal. Thus, it became a landmark case in the history of sanitation and disposal of solid waste of a city. The writ related to solid waste disposal management of four metropolitan cities—namely, Mumbai, Chennai, Calcutta and Delhi as also of Bangalore, but the Court firstly took up the case of National Capital Territory of Delhi. The Court by an order dated January 16, 1996 appointed a Committee headed by Mr. Asim Burmon to look into the aspects of ‘urban solid waste management’. The Committee gave its report which was circulated to all the State. Keeping this report in mind, the Ministry of Environment and Forest notified the Municipal Solid Waste (Management and Handling) Rules, 2000.
In Almitra case, the court also expressed its unhappiness for non-compliance of its directions issued in Dr. B.L. Wadhera (1996) case. Therefore, the court against issued ten direction ‘in addition to not in derogation to the order passed in Dr. B.L. Wadhera case’, which are as follows—
‘1. We direct the Municipal Corporation of Delhi through the Commissioner, NDMC through its Chairman and the Cantonment Board through its Executive Officer and all other concerned officials including Sanitation Superintendents/ Chief Sanitary Inspectors/Sanitary Inspectors/Assistant Sanitary Inspectors/Sanitary Guides/Medical Officers to ensure that the relevant provisions of the DMC Act, 1957, New Delhi Municipal council Act, 1994 and the Cantonments Act, 1924 relating to sanitation and public health prohibiting accumulation of any rubbish, filth, garbage or other polluted obnoxious matters in any premises and/or prohibiting any person from depositing the same in any street or public place shall be scrupulously complied.
2. We direct that the streets, public premises such as parks etc. shall be surface cleaned on daily basis, including on Sundays and public holidays.
3. We direct and authorise the MCD, NDMC and other statutory authorities through competent officers as may be designated by them, (but not lower than in the rank of Sanitary Superintendent or equivalent post) to levy and recover charges and costs from any person littering or violating provisions of the diverse Acts, Bye-laws and Regulations relating to sanitation and health for violating the directions being issued herein. For this purpose the Commissioner, MCD, Chairman, NDMC and other concerned heads of sanitary authorities will prepare and publish for the information of public at large the scale of such charges/costs as may be levied and recovered in respect of the diverse Acts of commission/omission. The charges/costs will be recoverable on the spot by such designated officers from any person found littering or throwing rubbish and causing nuisance so as to affect sanitation and public health. The Commissioner, MCD and Chairman, NDMC and other authorities may frame and publish such schemes as may be necessary to ensure compliance of these directions forthwith. Till the scheme is framed and published, the authorities named above would recover Rs. 50/- as charges and costs from any person littering or violating provisions of the Municipal Corporation Act, Bye-laws and Regulations relating to sanitation and health. This part be published and implemented at the earliest through concerned Sanitary Inspectors.
4. We direct the MCD through the Commissioner, NDMC through its statutory authorities through their respective heads to ensure proper and scientific disposal of waste in a manner so as to subserve the common good. In this connection they shall endeavour to comply with the suggestions and directions contained in the report prepared by the Asim Burmon Committee.
5. We direct that sites for landfills will be identified bearing in mind the requirement of Delhi for the next twenty years within a period of four weeks from today by the exercise jointly conducted by Union of India through the Ministry of Urban Development, Government of National Capital Territory of Delhi, Commissioner, MCD and Chairman, NDMC and other heads of statutory authorities like the DDA etc. There sites will be identified keeping in mind the environmental considerations and in identifying the same Central Pollution Control Board’s advice will be taken into consideration. The sites so identified shall be handed over the MCD and/or NDMC within two weeks of the identification, free from all encumbrances and without MCD or the NDMC having to make any payment in respect thereof.
6. We direct Union of India through the Ministry of Urban Development. Government of National Capital Territory of Delhi, Commissioner of MCD, Chairman, NDMC and other statutory authorities like DDA and Railways to take appropriate steps for preventing any fresh encroachment or unauthorised occupation of public land for the purpose of dwelling resulting in creation of a slum. Further appropriate steps be taken to improve the sanitation in the existing slums till they are removed and the land reclaimed.
7. We further direct Union of India through Ministry of Urban Development, Government of National Capital Territory of Delhi, Commissioner, MCD, Chairman, NDMC and other statutory authorities like DDA etc. to identify and make available to the MCD and NDMC within four weeks from today sites for setting up compost plants. Initially considering the extent of solid waste, which is required to be treated by compost plants, the number of sites which should be made available will be eight. Such sites shall be handed over to the MCD/NDMC free of cost and free from all encumbrances within two weeks of identification. MCD and NDMC shall thereupon take appropriate steps to have the compost plants/processing plants established or caused to be established and to be in operation by 30th September, 2000.
8. We direct the MCD, NDMC and other statutory authorities concerned with sanitation and public health to regularly publish the names of concerned Superintendents of Sanitation and such equivalent officers who are responsible for cleaning Delhi who can be approached for any complaining/ grievance by the citizens of Delhi together with their latest office and residential telephone numbers and addresses.
9. We direct the Government of National Capital Territory of Delhi to appoint Magistrates under Section 20 and/or Section 21 of the Code of Criminal Procedure for each Board/Circle/Ward for ensuring compliance of the provisions of the MCD and NDMC Acts and to try the offences specified therefor in relation to littering and causing nuisance, sanitation and public health. These appointments shall be made within a period of six weeks from today in conformity with the reasons contained in this order.
10. All the concerned authorities will file compliance reports of these directions within eight weeks from today. The Central Pollution Control Board will also file within the same time and affidavit indicating as to what extent the directions issued have been complied with.’
Above mentioned directions and direction issued in Dr. B.L. Wadhera case (1996) almost forms a code for the collection, transportation and disposal of the municipal solid waste. Further, these two pronouncements and the report of Asim Burmon Committee (1996) became the basis of to notify the Municipal Solid Waste (Management and Handling) Rules, 2000 by the Central Government. It is to be noted that these directions are ‘time bound directions’ and emphasizes the principle of accountable government. Thus, the directions issued by the Supreme Court reiterated the local self government has to play an important role in managing the municipal solid waste disposal of the metropolitan cities of India and their in-action, and non-performance and non-compliance of statutory duties and obligation would attract prosecution and punishment.
Again, the Court also directed the Municipalities to start with the schemes, like Swachha Bangalore/Delhi, separation of recyclable waste/non-bio-degradable waste from other waste, and to collect domestic hazardous waste at source by means of door-to-door collection by municipal workmen or through private contractors. It was further held that the NDMC or other bodies should identify person or body who generate/throw waste on public place and fine them. For this purpose, the Court ordered to appoint Municipal Magistrates under Section 20 and/or 21 of the Criminal Procedure Code, to try offences relating to littering, nuisance, sanitation and public health.
Thus, the pronouncement made by the Supreme Court in Almitra H. Patel v. Union of India. Compelled the environmentalists, administrators and lawyers to give serious thinking to the growing problem of solid waste management and as a result of which the Central Government notified the Municipal Solid Waste (Management and Handling) Rules, 2000.
In the case M.C. Mehta v. Union of India, the main reason for mal-functioning and choking of the city sewerage were (i) throwing or discharging of solid, clothes, plastics, metals etc. into sewerage system (ii) throwing of cowdung from dairies located in every parts of city-Kanpur, (iii) throwing of solid wastes and malba from construction of buildings into sewers throw manholes, (iv) and laying in of underseized sewers specially in labour colonies. This all was carried out by 16 nalas of Kanpur city and used to be discharged in the river Ganga. It also significantly contributed to pollution of Ganga river. The water of the river was fit for drinking, fishing and bathing purpose. Therefore, the Supreme Court directed the Kanpur Nagar Mahapalika to take action under the provisions of the U.P. Municipalities Act, 1916 and other laws to prevent the pollution the water in the river Ganga on account of waste accumulated at dairies and other solid waste items. Further, the Kanpur Nagar Mahapalika was directed to take necessary steps to ensure that dead bodies or half burnt bodies are not thrown in the river Ganga. It was suggested by the Court that in order to arouse amongst the people the consciousness of cleanliness of environment the Government of India may consider the disability of organising ‘keep the city clean week’, ‘keep the village/town clean week’ throughout India at least once a year.
Similarly, the Supreme Court also in D.K. Joshi v. C.S. State of U.P., directed the State Government to constitute ‘monitoring committee’ to look after work of public authorities including the disposal of solid waste in city area. It also directed that to improve civic amenities as this is a statutory obligation which must be complied with.
Realising the growing threatening dimensions of the municipal solid waste management problem and the directions issued by the Supreme Court from time to time, the Central Government notified the following rules. Rules mentioned below have been notified in the exercise of powers conferred by Sections 6, 8 and 25 of the Environment (Protection) Act, 1986.
The Municipal Solid Waste (Management and Handling) Rules, 2000
The rules consists of nine rules and four schedules. Section 2 defines ‘Municipal solid waste’ (MSW) as to ‘include commercial and residential wastes generated in a municipal or notified areas in either slid or semi-solid from excluding industrial hazardous wastes, but includes treated bio-medical waste.’
Rule 4 makes every ‘municipal authority’ responsible to implement those rules and ‘for any infrastructure development for collection, storage, segregation, transportation, processing and disposal of municipal solid waste.’
It also requires that the municipal authority or an operator will have to seek permission for setting up waste processing and disposal facility including landfills from the State Pollution Board or the committee constituted for the purpose.
The over-all responsibility for the enforcement of the provisions of these rules in metropolitan cities have been given to the Secretary-incharge of the Department of Urban Development of the State/Union Territory. Further, the District Magistrate/Deputy Commissioner of the concerned district shall have the overall responsibility for the enforcement of these rules within their area of jurisdiction. (Rule 5)
Monitoring of the compliance of the standards regarding ground water, ambient air quality and compost the rules by above mentioned authorities quality including incineration standards as per Schedule II, III and IV shall be done by the State Pollution Boards/Committee.
The State Boards, before granting permission for setting up waste processing and disposal facility, must also consider the view of other agencies like the State Urban Development Board, Town and Council Planning Department, Airport or Airbase Authority and Ground Water Board, etc.
The municipal solid waste shall be managed and handled in accordance with the compliance criteria and procedure laid down in Schedule II of the Rules. Schedule II has provided the compliance criterias for the management and handling as follows—
1. Collection on municipal solid waste
The littering of MSW shall be prohibited in cities, towns etc. and organise house-to-house collection on regular and pre-informed timing by using bell, singing, devise collection of waste from slums, squatter areas, slaughter house, fish markets, fruits and vegetable, industrial waste, horticultural and construction or demolition waste etc.
Bio-medical waste and industrial waste will be collected separately and will not be mixed with municipal waste. Further, bio-degradable waste shall be made use of. Such wastes have to be disposed of as per the procedure by the Bio-Medical (Management and Handling) Rules, 1998.
It is the responsibility of the generator of waste to avoid littering and delivery of waste in accordance with collection and segregation system.
2. Segregation of municipal solid wastes
In order to ensure community participation in segregation of waste, the municipal authority shall organise awareness programmes through regular meetings of representatives of local residents, welfare associations and non-governmental organization.
3. Storage of municipal solid wastes
Municipal authorities are bound to establish and maintain storage facilities as they do not create unhygienic and insanitary conditions. For this storage facilities shall be created keeping in view the quantity of waste generation and accessibility to users. It should not be open, aesthetically acceptable and user friendly.
Storage facilities or ‘bins’ shall be ‘easy to handle’ design for handling, transfer and transportation. Bins for storage of bio-degradable waste shall of green colour, for recyclable waste with white, for other waste shall be painted with black.
Manual Handling of waste shall be prohibited, but if is unavoidable, it shall be carried out under proper precaution and with due care for the safety of workers.
4. Transportation of municipal solid wastes
Vehicles for the use of waste shall be covered—not visible to public. It shall be prevented their scattering. Storage facilities—bins shall be cleaned on daily basis and should not be overflowed.
5. Processing of municipal solid waste (Biodegradable)
‘Suitable Technology or combination’ shall be used by municipal authority to minimize burden or landfill.
Bio-degradable wastes shall be processed by composting, vermicomposting, anaerobic digestion or any other appropriate biological processing for stabilization of wastes. Separate procedure has also been provided by Schedule IV of the Rules.
Recoverable waste should follow the rule of recycling. Incineration, including pelletisation can also be used.
6. Disposal of municipal solid wastes (Non-biodegradable)
Only non-biodegradable and other wastes which are not suitable either for recycling or for biological processing shall be used for landfilling.
Schedule III of the Rules has also provided ‘specifications for landfill sites’. It includes detailed rules for (i) site selection, (ii) facilities at the site, (iii) specifications for landfill, (iv) pollution prevention, (v) water quality monitoring, (vi) ambient air quality monitoring, (vii) plantation at landfill site, (viii) closure of landfill site and post-care, (ix) special provisions for hilly areas.
The Rules have also provided a time schedule to implement these Rules. The Schedule is as follows—
| 1. Setting-up of waste processing and disposal facility | by 31.12.2003 or earlier |
| 2. Monitoring the performance of waste processing and disposal facilities | once in 6 weeks |
| 3. Improvement of existing landfill sites as per provisions of these rules | by 31.12.2001 or earlier |
| 4. Identification of landfill sites for future use and making site(s)ready for operation | by 31.12.2002 |
The Bio-Medical Waste (Management and Handling) Rules, 1998
Looking to widespread ramification of the bio-medical waste, the Central Government notified the Bio-medical Wastes (Management an Handling) Rules in 1998. According to Rule 2(5) ‘bio-medical waste’ means ‘any waste which is generated during the diagnosis, treatment or immunisations of human beings or animals or in research activities pertaining thereto or in the production or testing of biological, and including categories mentioned in Schedule I of the Rules.’
Term ‘biological’ has also been defined as ‘any preparation made from organism or micro-organisms or product of metabolism and bio-chemicals reactions intended for use in diagnosis immunisation or the treatment of human beings or animals or in research activities pertaining thereto.’
These Rules consists of 14 Rules and VI Schedules.
Rule 4 makes the duty of the 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 etc. to take all steps to ensure that such waste is handled without any adverse effect to human health and the environment.
Prescribe Authority—The authority prescribed to enforce the provisions of these rules shall be the State Pollution Control Boards in the States and Pollution Committees in Union Territory. Such ‘authority’ shall make enquiry on the receipt of the application for authorisation/renewal for the treatment of the bio-medical waste and satisfy that applicant has the necessary capacity to handle bio-medical waste.
Authorisation by the authority shall be for a period of three years which can be renewed after that period. The provisional authorisation can also be granted for trial period to enable the occupier/operator to demonstrate the capacity of the facility.
Such applications shall be disposed of within a period of ninety days from the date of receipt of application.
The authority can refuse to grant or renew authorisation, after giving reasonable opportunity of being heard and reasons of refusal shall be recorded in writing. Further, it can cancel or suspend an authorisation where the occupier/operator fails to comply with any provision of the Act or these rules, but no authorisation shall be cancelled or suspended without giving a reasonable opportunity to the occupier or operation of being heard.
Any person can appeal against the orders of the prescribed authority within 30 days from the date order is communicated to him.
Authorisation is compulsory for each occupier of an institution generating, collecting, receiving, storing, transporting, treating, disposing and/or handling bio-medical waste who provides treatment/service to more than 1000 (one thousand) patients per month. Therefore, each clinics, dispensary, pathological laboratories, blood-banks provided treatment or service to less than 1000 (one thousand) patients shall not required authorisation under these rules.
Such authorised occupier/operator shall treat/dispose of the bio-medical waste in accordance with Schedule I and the standards prescribed in Schedule V. Further, he is required to set up requisite bio-medical waste treatment facility like incinerator, autoclaving, microwave system, etc. as per Schedule VI of the Rules.
Schedule I
(See Rule 5)
Categories of Bio-Medical Waste
| Option | Waste Category | Treatment & Disposal |
| Category No. 1 | Human Anatomical Waste
(Human tissues, organs body parts.) |
incineration@/deep burial* |
| Category No. 2 | Animal Waste
(Animal tissues, organs, body parts, carcasses, bleeding parts, fluids, blood and experimental animals used in research, waste generated by veterinary hospitals, colleges, discharge from hospitals, animal houses.) |
incineration@ /deep burial* |
| Category No. 3 | Microbiology & Biotechnology Waste
(Wastes from laboratory cultures, stocks or specimen of micro-organisms live or attenuated vaccines, human and animal cell culture used in research and infectious agents from research and industrial laboratories, wastes from production of biologicals, toxins, dishes and devices used for transfer of cultures.) |
local autoclaving/ microwaving/ incineration@ |
| Category No. 4 | Waste sharps
(Needles, syringes, scalpels, blades, glass, etc. that may cause puncture and cuts. This includes both used and unused sharps.) |
disinfection (chemical treatment@@/autoclaving/microwaving and multilation/ shredding## |
| Category No. 5 | Discarded Medicines and Cytotoxic drugs
(Wastes comprising of outdated, contaminated and discarded medicines.) |
Incineration@ destruction and drugs disposal in secured landfills |
| Category No. 6 | Solid Waste
(Items contaminated with blood, and body fluids including cotton, dressings, soiled plaster casts, lines, beddings, other material contaminated with blood.) |
Incineration@ autoclaving/ |
| Category No. 7 | Solid Waste
(Wastes generated from disposable items other than the waste sharp such as tubings, catheters, intravenous sets, etc.) |
disinfection (chemical treatment@@/ autoclaving/ microwaving and multilation/ shredding## |
| Category No. 8 | Liquid Ash
(Waste generated from laboratory and washing, cleaning, house-keeping and disinfecting activities.) |
disinfection by chemical treatment@@ and discharge into drains. |
| Category No. 9 | Incineration Ash
(Ash from incineration of any bio-medical waste.) |
disposal in municipal landfill |
| Category No. 10 | Chemical Waste
(Chemicals used in production of biologicals, chemicals used in disinfection, as insecticides, etc.) |
chemical treatment@@ and discharge into drains for liquids and secured landfill for solids. |
@@ Chemicals treatment using at least 1% hypochlorite solution or any other equivalent chemical reagent. It must be ensured that chemical treatment ensures disinfection.
## Multilation/shredding must be such so as to prevent unauthorised re-use.
@ There will be no chemical pretreatment before incineration. Chlorinated plastics shall not be incinerated.
* Deep burial shall be an option available only in towns with population less than five lakhs and in rural areas.
Segregation, Packing, Transportation and Storage
Rules 6 provides that bio-medical waste should not be mixed with other wastes. It will be segregated at the point of generation as provided below:
Schedule II
Colour Coding and Type of Container for Disposal
of Bio-Medical Wastes
| Colour Coding | Type of Container | Waste Category | Treatment options as per Schedule I |
| Yellow | Plastic bag | Cat. 1, Cat.2 and Cat. 3 and Cat. 6 | Incineration/deep burial |
| Red | Disinfected container/plastic bag | Cat. 3, Cat. 6 and Cat. 7. | Autoclaving/Microwaving/Chemical Treatment |
| Blue/White translucent | Plastic bag/puncture proof container | Cat. 4, Cat. 7. | Autoclaving/Microwaving/Chemical Treatment and destruction/shredding |
| Black | Plastic bag | Cat. 5, Cat. 9 and Cat. 10 (solid) | Disposal in secured landfill |
Notes:
- Colour coding of waste categories with multiple treatment options as defined in Schedule I, shall be selected depending on treatment option chosen, which shall be as specified in Schedule I.
- Waste collection bags for waste types needing incineration shall not be made of chlorinated plastics.
- Categories 8 and 10 (liquid) do not require containers/bags.
- Category 3 if disinfected locally need not be put in containers/bags.
The container further shall have the labels as provided by Schedule III.
The container of transported be labelled and untreated bio-medical waste shall transported only in such vehicle as authorised for the purpose by a competent authority. Such untreated bio-medical waste cannot be kept and stored beyond a period of 48 hours. If it becomes necessary to store such waste, the authorised person must take permission of the prescribed authority to retain it.
The municipal body of the area has further been directed to pick up the transport segregated non-bio-medical waste as well as duly treated bio-medical wastes for disposal at municipal dump site.
Advisory Committee
The Rules also provides that the Government of each State/Union Territory shall constitute an Advisory Committee which will include experts in the field of medical and health, animal husbandry and veterinary sciences, environmental management, municipal administration and any other related department or organisation including non-governmental organisation. As an when required, the committee shall advise the Government of the State/Union Territory and the prescribed authority.
Common Disposal/Incineration Sites
Besides the responsibility of the institution providing bio-medical waste, the Municipal Corporations, Municipal Boards or Urban Local Bodies shall be responsible for providing suitable common disposal/incineration sites for the biomedical waste generated in their area. If the area is outside the jurisdiction of Municipal Corporation/Boards, etc., it becomes the duty of the occupier generating bio-medical waste/operator to arrange for suitable sites individual or in association, so as to comply he provisions of these rules. Every authorised person (occupier, etc.) are under a duty to maintain records related to generation, collection, reception, storage, transportation, treatment, disposal or handling of bio-medical waste in any form in accordance with the rules or guidelines issued.
Abovementioned bio-medical waste Rules is a benevolent piece of legislation and shows the growing concern of the government to contain and control the growing problem of bio-medical waste. Since the management and handling of bio-medical waste is a problem of great importance and may anytime can assume threatening dimension, it is essential that these rules are implemented with a heavy hand and all seriousness. The problem of bio-medical waste management is worsening in metropolitan cities of India, therefore, it requires proper and effective implementation of these rules.
Hazardous wastes and other industrial wastes is also a part of municipal solid waste, they have been dealt with separately. Schedule I of the Hazardous Wastes (Management and Handling) Rules, 1986 has provided a list of 44 processes which generate hazardous wastes. These Rules of 1989 have provided details relating to collection, reception, treatment, storage, transportation and disposal of hazardous wastes.
In ship-breaking at Alang case the Central Pollution Control Board suggested that the ship coming to India for breaking should be properly contaminated as breaking material is hazardous wastes. The Supreme Court appointed a high power committee to look into this aspect of ship-breaking and asked it to submit its report to the Court upto 30.9.2000 about the facts regarding the number of industries involved in processing hazardous waste. The Ministry of Labour did not present the report and therefore, the Court imposed a cost of Rs. 10,000 and extended the time.
In Ramji Patel v. Nagrik Upbhokta Marg Darshak Manchthe Court held that running of dairy and storing of cow/buffalo dung and waste of dairy product cannot be permitted when it was done near main drinking water pipeline which was likely to contaminate the pure water. Therefore, dairy owners were asked to shift from the villages.
Conclusion & Suggestion
The above discussion depiets that the problem of municipal solid waste has not been considered as health & hygiene problem which ultimately affects the environment of the area. Though various laws were available but either they are not well couched to meet such type of exigencies, or were not efficiently and efficaciously implemented. Rather these laws were never made use of to deal with the problem of municipal solid waste. Because of inefficacious laws and inaction on the part of the implementing authorities, the supreme court was compelled to give serious thought to the problem and had to come out with detailed guidelines and the mechanism to overcome this menacing problem. It is clear that public at large is also not aware of inimical effects of this problem as it appeared in Love Canal incident of the USA. It is getting less attention than required. Moreover, the landfill sites with toxic and hazardous wastes are like timebombs, they must be dealt with before they become `foremost environmental problem’ of this decade.
In such cases one has to adopt `cradle to grave’ solutions from generation to final disposal of the wastes. This is particularly essential with the waste including toxic and hazardous wastes. To contain and control the problem, there must be `awareness program‘ to reduce solid waste, to reuse the things if possible and to recycle the wastes like paper waste. Thus, it deals attitudinal change amongst the people before we venture to strengthen the existing laws and implement them effectively and efficiently.
Some of the other suggestions
- Reprocess the wastes to recover energy and material.
- Seperate hazardous waste from other source material for efficient handling.
- Incinerate or otherwise convert hazardous wastes to non-hazardous wastes.
- Dispose of hazardous wastes in a `secured landfill’ or use some safe method to protect the environment and maintain integrity of this safe method for and indefinite period, at least for one hundred years.
- Before `secure landfill’ the wastes should treated to make it safe for land and water of the area for example, Chemical solidification’s (binders may be cement based, pozzolanic or lime based, thermoplastic, and organic binders.) may be done before burial to guard against probable erosion hazards.
- To encourage recyeling of material, some motivation be given.
- Efficient laws alone cannot solve the problem, unless we have efficient mechanism to implement, will of the government to implement and attitudinal change among the masses is needed
- Multiplicity of laws and multitudinous authorities cannot overcome such problem unless people are made aware of the adverse effects of this problem and they abide by laws with an aim to safeguard the present and future generation.
- Municipal corporation is a local authority within the meaning of `State’ under Article 12 of the Constitution and it is Statutory duty to collect, store, transport, process and dispose of the municipal soiled wastes and see the health & hygiene of the public is maintained.