~ 6 ...

L e g a l A s p e c ts o f
S o li d W a s te M a n ag e m e n t

\ We igh tag e of Marks = 06, Teaching Hours =04 I

Syllabus
Legal Aspects :
6 ·1 leg al Asp ects - Pre sen t Sce nar io
6.2 Mu nici pal Solid Wa ste Ma nag em
ent Rules 201 6
6.3 Bio med ical Wa ste Ma nag em ent
Rules, 20; 6
6 .4 E-W aste Ma nag em ent Rules, 201
6
6.5 Con stru ctio n and Demolition Wa
ste Ma nag eme nt Rules, 201 6
6 .6 Haz ard ous and Oth er Wa stes Ma
nag eme nt Rules, 201 6
6. 7 Plastic Wa ste Ma nag em ent Rules,
6.8 201 6
Role ~f Cen tral Pollution Control
Board and Ma har ash tra Pollution
of Solid Wo ste from Vorious Sou Control Board in-M ana gem e t'
rces. · · · n
Ab ou t thi s Ch ap ter .
At the end of this cha pte r, stud ent
• s will be abl e to:
Sug ges t the existing lega l fram ewo rk to regulate the given type of
• Explain the rele van t maj or pro solid waste with justification.
visions of Municipal Solid Waste
Ma nag eme nt Rules, 201 6 for
disp osa l of the giv en type of soli
d waste .
Explo in the diff eren t mo jor provisi
ons of Biomedical Waste Ma nag eme
• nt Rules, 201 6 for man agin g
the giv en typ e of bio -me dic al was
Com pile the ma jor fea ture s of Con te.
struction and demolition Waste Mo
• nag eme nt Rules,. 201 6 for the
disp osa l of the giv en type of was
Exp loin the so lien! fea ture s of te.
Hozo rdous .and other wastes Ma
• nag eme nt Rules, 201 6 for the
disp osa l of the
Explain Role ofgiv enBtype of was te.
CPC (Ce ntra l Pollution Control Boord)
and MPCB (Moharoshtro PoUutio ri
• Boa rd) in ma nag ing the give n typ
Con trol
e of solid was te . .

•· ..... " q ,
-,~1~ -~:':"'''. ·;,...... , . .

, · £~~~ s the t ~
6.1.LEGAl: ASPECTS , PRESEN
T"icENARIO "' '•'".
\'.'.". e- wnrlil affi 9J! ll _th.e cou ntr!ll§_ producing municipa.LlQ
• . aH Wf . As it lacks proper MSJ lid waste
( /1' ma naf il'm ent system and
100 · t' M r~tes pee capita. It has faced
infr ast ruc tur e it has ver y ,.hig many
cat ast rop hic ,;,;s erie s bro ugh b urb an was te_g _en era .hl.Ql,.-
t by MSW and its poor qua lity
disposal system.
[6-1 l
~ 6 ...

Leg al Asp ects of_

Sol id Was te Man age men t

IWeightage of Marks =06, Teachin g Hours =04 \

· Syllabus ·.• ✓
Legal Aspects :
6.1 Legal Aspects - Present Scenario
6.2 Municipal Solid Waste Management Rules, 2016
6.3 Biomedical Waste Management Rules, 2016
6.4 E-Waste Management Rules, 2016
6.5 Construction and Demolition Waste Management Rules, 2016
6.6 Hazardous and Other Wastes Management Rules, 2016
6.7 Plastic Waste Management Rules, 2016
6 .8 Role of Central Pollution Control Board and Maharashtra Pollution Control Board in Management
of Solid Waste from Various Sources.

About this Chapter , · · ,

At the end of this chapter, students will be able to :
• Suggest the existing legal framework to regulate the given type of solid waste with justification .
• Explain the relevant major provisions of Municipal Solid Waste Management Rules, 2016 fo r
disposal of the given type of solid waste.
• Explain the different major provisions of Biomedical Waste Management Rules, 2016 for managing
the given type of bio-medical waste.
• Compile the major features of Construction and demolition Waste Management Rules, 2016 for the
disposal of the given type of waste .
• Explain the salient features of Hazardous .and other wastes Management Rules, 2016 for the
disposal of the given type of waste .
• Explain Role of CPCB (Central Pollution Control Board) and MPCB (Maharashtra Pollution Control
Board) in managing the given type _of solid waste . .

&.1 LEGAL ASPECTS : PRESENT SCENARIO

• ;(;._di.a-holds the t bkd rank in tb.e_w_orLd aroong_the c9u Qtries Qioducio9-JJJunicipal solid
waste
~ W) w ith 11 0000 tons oL waste-p€-i:-4ay. As it lacks proper MSW managem ent system and
( t ucture it has very , b.igb urban waste generati on rates pe.r_capLta It has fa ced man y
infras r ' . . . ·
hie miseries brought by MSW and its poor quality disposal system.
ca ta strop [s-11
 L ects of Solid Waste Mana ement
6.2
Solid Waste Mana ement
- . . " ncollected solid_w....a s_t~ p locking
broke out Surat, IO _1.99_4,_ ~ - - -::;-;;-tl"lriou s 2Q...Q5_floo.d in
• For example) when a plague in
onsequen ce
. The ~
...£!!:gin.s" was to blame as per the official inquir y on its cause~
i was also caused due to drains being blof!i._ec!_ b_y_pl astic b~gi" .--
~
being the introduction of Maharashtra Plastic Carry Bag Rules,
20? 6 LJ b r ked with th
e in f e
which can
• Anyone can find many other incidents and occurrences r as w:~te
mana geme nt. hA\ha
ineffectiveness of municipal corporations/civic bodies in MSW O
er coun nes
been well behind as compa red wit
management policy is concerned, India has
.
of the world. MSW exclusive_ly. Enviro ~mnental
Until 2.POJ), India did not even_J 1aye_a n.y- law- with regard t_o
• I O
and
tions such as Water (Preve ntion and Contro l of Pollut ion) Act, 192A,---8 [ (Prev ~nt
legisla
1-986- were- broug ht in but the
Control of Pollution) Act, 1981 and Environment Protection Act,
. .
sub~ t QLM_SW ..was-negleGted-:-legally. ---- 1989- an~ Bion:e ~ica l
Handl ing) Rules,
• ~ aln rules like Hazardous._ Wastes (Management and a_ l1m1ted
the subje ct onl y in
Wsi~.te _(M_an.a.gement -and -handling) Rules, 1998 dealt with
unded by the cash- strapp ed status and general
way. This glaring overlook was compo
MSW disposal syste m.
i ndifference of the civic bodies towards maintaining a functional
ing) Rules, 2000 for the first
• In year 2000, Municipal Solid Wastes (Management and Handl
waste, and which have been in
time effected that dealt comprehensively with municipal solid
place for the Rg_st l 6 years until Solid Waste Management _Rules
(SWM), _2_0__L6-r.e ~c! . these
in year 2016.
the follow ing rules cover specific
y While the 2000 and 2016 rules deal with MSW generally,
categories of waste that overlap with MSW:
(amen ded in 2000 and 2003)
)-; Hazardous Wastes (Management and Handling) Rules, 1989
(
(superseded).
(supe rsede d).
2. Biomedical Waste (Management and handling) Rules, 1998
3. Recycled Plastics Manufacture and Usage Rules, 1999.

r 4. Batteries (Management and Handling) Rules, 2001 (amen

5. Hazardous Wastests (Management, rdHandling, and Trans bound
(amended on 21 July 2009, 23 September 2009, 30
2010) (superseded).
ded in 2010) .
ary Move ment) Rules 2008
th March 2010 and 13 th August
·
d) .
6. E-waste (Management and Handling) Rules, 2011 (supersede
rsede d).
7. Plastic Waste (Management and Handling) Rules, 2011 (supe
8. E-Waste (Management) Rules, 2016.
ary M )
9. Hazardous and Other Wastes (Management and Trans bound ovem ent Rules ' 2016 ·
10 c t t· d
• ons rue I0n an Demolition Waste Management Rules 2016
' ·
11. Bio-medical Waste Management Rules, 2016 .
12. Plastic Waste Management Rules, 2016.
Technical Guidelines Given by CPCB:
'th
Following technical guidelines are given by CPCB which deal WI variou s aspec ts of waste
management:
• G~idelines on Imple menti ng Liabilities for Environme
Disposal of Hazardous Waste and Penalty. ntal Damages due to Handl ing and
• Guidelines for Common Hazardous Was t e I nciner . .
at1on Crit . f
P t I f
ro oco or Performance Evaluation and M . . ena or Hazar dous Waste Landfi lls
the Comm on Hazar dous waste
Treatm ent Storage and Disposal Facilities includ~~~t~1ng of
Guidelines for Setting up of Operating Faci·i ·t . ommo n Hazardous Waste Incine rato rs .
• I Y· Hazardous w
Guidelines for Proper Functioning and Upk eep of Dispos . aste Mana geme nt.
• al s·t1
es.
• Guidelines for Environmental Sound Re eyeing 1
.
of Hazard
Hazardous Waste (Managemen t Handling and T ous Waste as per Sch ed u 1e-V l~f
. . . . ransb ounda r M
Guidelines for the Select ion of Site for Landfilling . · Y ovem ent) Rules , 2008 .
•
 So
ement 6.3
• Gu ide line s
for Tra nsp orta tion of Hazardous
• Gu ide !' wa ste s.
. erable Haz ard ous Wa ste s by
Hazardinesfor 5t0 rage of I ntco the Op era tors of Com mo n
Waste Tre atm ent , 5 ,~age and Disposal Fac ilitie s and Cap tive HW Inc ine rato rs.
ous
• Guidel·i f .
or Con duct·ing Env iron me nta l Imp act Ass ess me nt: Site
nes .
Waste Management· Facility Manua
Haz ard ous , . . Sel ect ion for Com mo n
l for Sam plin g, Ana lysi s, and Cha
Haz ard ous Wastes'. rac teri zat ion of
6.2 .
MU NIC IPA L SO LID. WA ST E MA
NA GE ME NT RU LE S, 20 16 .

Fig . 6.1 : Sol id was te

• The Union Min istr y of Env iron
me nt, Forests and Climate Cha
not ifie d the new Solid Waste Ma nge (MoEF and CC) rec ent ly
nagement Rules (SWM), 201 6. The
Sol id Wa ste s (Ma nag em ent and se will replace the Mu nici pal
Handling) Rules, 200 0, which hav
16 yea rs. e been in place for the pas t
• The se rule s are the sixt h cat ego
ry of waste ma nag em ent rules bro
it has ear lier not ifie d plastic, e-w ugh t out by the min istr y, as
ast e, biomedical, hazardous and
wa ste ma nag em ent rules. con stru ctio n and dem olit ion
• The rule s hav e not pushed for
decentralized ma nag em ent of
cen tral ize d trea tme nt such as was te but hav e enc our age d
waste to ene rgy , the pre sen t sta
cou ntry . Also, the info rma l sec te of whi ch is not good in the
tor has been considerably neglect
• Acc ord ing to Union Min iste r of ed in the new rules .
Sta te for Env iron me nt, Forests
ton nes of was te is gen era ted and Clim ate Change, 62 mil lion
ann ual ly in the cou ntry at pre
ton nes is pla stic was te, 0.1 7 mil sen t, out of whi ch 5.6 mil lion
lion ton nes is biomedical waste,
haz ard ous was te gen era tion is
7 . 90 mil lion ton nes per ann um and 15 lakh ton nes is e-:-w
the mu nic ipa l was te get s coll aste and onl y abo ut 75- 80 per cen t
ected and onl y 22- 28 per cen t of
of this was te is processed and
trea ted . ..,
• The new rule s are now app . . .
llca_b_le ?eyond_ munic1p ~I areas and have inc lud ed
me rati ons , census tow ns, not1f1ed urb an
agg• Io ind ust rial tow nsh ips, areas und
er the con trol of Ind ian
s airp orts , specia I economic · I
~al 1wrtay ' zones, Pac es of p1·1 gnm . age , re 1· .
and sta te and Central Go ver nm 1g1ous and his tori cal
1mp o anc e, ent org ani zat ion s in the ir am bit.
. t fea tur es of the Ne w SW
6.2 .1 S a I 1en M Ru les , 20 16
( 1") S e gre ga tio n at sou rce :
h ve ma nda ted the source seg reg . .
• The new rule s a ver y reuse atio n of was te in ord er to channe
and recycle. Waste gen era tors lize the wa ste
to wea l_th by rec o stre ~m s _ would now hav e to seg reg ate
Biodegradables, Dry (Plastic,
wa ste into th rede Paper, me tal , Wood etc .) and
was te (Di apers, Napkins, Mosqu
tic Haz ar ous ito rep ella nts , Cleaning age nts
Do me s . ·t ove r to the collector. etc )
bef ore han din g I .
 alc.. A
Le:..ig::::
! ___ _ _ _ _--=.: pc..;:.c.c....
s1:.ee
:. .:::. an.:.::
So_ll_d_W_a_st_e _M..::.:
ts_o_f _ ~
aiz.:
~S~ol:!!:!id!_'!W~a~s~te_!!M~a~na~gl!!em~e~n~t- - - - - - - - - - ~6~.4

• Institutiona l generators, market associations, event organizers and hotels and restaurants
have been directly made responsible for segregation and sorting the waste and manage in
partnership with local bodies.
• In case of an event, or gathering of more than 100 persons at any licensed/ unlicensed place,
the organizer will have to ensure segregation of waste at source and handing over of
segregated waste to waste collector or agency, as specified by the local body.
• All hotels and _restaurants will also be required to segregate biodegradable waste and
set up a system of collection to ensure that such food waste is utilized for composting /
bio-methan ation.
• The rules mandate that, all resident welfare and market associations and gated communities
with an area of above 5,000 sq. m. will have to segregate waste at source into material like
plastic, tin, glass, paper and others and hand over recyclable material either to authorized
waste-pickers and recyclers or to the urban local body.
(ii) Collection and Disposal of Sanitary Waste:
• The manufactu rers or brand owners of sanitary napkins are responsible for awareness for
proper disposal of such waste by the generator and shall provide a pouch or wrapper for
disposal of each napkin or diapers along with the packet of their sanitary products.
(iii) Collect Back Scheme for Packaging Waste:
• As per the rules, brand owners who sale or market their products in packaging material which
are non-biodegradable, should put in place a system to collect back the packaging waste
generated due to their production.
(iv) User Fees for Collection :
• The new rules have given power to the local bodies across India to decide the user fees.
Municipal authorities will levy user fees for collection, disposal and processing from bulk
generators . As per the rules, the generator will have to pay "User Fee" to the waste collector
and a " Spot Fine" for littering and non-segregation, the quantum of which will be decided by
the local bodies.
• Also, the new rules have mentioned about the integration of rag pickers, waste pic_kers and
kabadiwalas from the informal sector to the formal sector by the state governmen t.
• The rules also stipulate zero tolerance for throwing; burning, or burying the solid waste
generated on streets, open public spaces outside the generator's premises, or in the drain, or
water bodies.
(v) Waste Processin g and Treatmen t:
• As per the new rules, it has been advised that the bio-degrad able waste should be processed,
treated and disposed off through composting or bio-methan ation within the premises as far as
possible and the residual waste shall be given to the waste collectors or agency as directed by
the local authority.
• The developers of special economic zone, industrial estate, industrial park to earmark at least
5 per cent of the total area of the plot or minimum 5 plots/ sheds for recovery and recycling
facility.
• Waste processing facilities will have to be set up by all local bodies having a population of
1 million or more within two years. For census towns with a populat1on below 1 million or for
all local bodies having a population of 0.5 million or more, common, or stand-alon e san itary
landfills will have to be set up in three years time. Also, common, or regional san itary landfil ls
to be set up by all local bodies and census towns with a population under 0 .5 mill ion will have
to be compl eted in three years.
• Also, t he rul es have mandated bio-remed iation or capping of old and abandoned dump sites
within five years.
 Solid Waste Mana ement Le al As ects of Solid Waste Mana ement
6.5

(vi) Promoting Use of Compost:

• As p_er th e rules, the Department of Fertilizers, Ministry of Chemicals and Fertilizers sho~ld
provide market development assistance on city compost and ensure promotion of co-mark~~ing
of compost with chemical fertilizers in the ratio of 3-4 bags is to 6-7 bags by the fertilizer
companies to the extent compost is made available for marketing to the companies.
• Also, the Ministry of Agriculture ·should provide flexibility in Fertilizer Control Order for
manufacturing and sale of compost, propagating use of compost on farm land, set_ up
laboratories to test quality of compost produced by local authorities or their authorized
agencies.
(vii) Promotion of Waste to Energy:
• In a not-so welcoming move, the SWM Rules, 2016 emphasize promotion of waste to ener~y
plants. The rules mandate all industrial units using fuel and located within 100 km from a solid
waste-based Refuse-Derived Fuel (RDF) plant to make arrangements within six months from
the date of notification of these rules to replace at least s per cent of their fuel requirement by
RDF so produced .
- - ~ • The rules also direct that non-recyclable waste having calorific value of 1500 kcal/kg or more
shall be utilized for generating energy either through RDF not disposed off on landfills and can
only be utilized for generating energy either or through refuse derived fuel or by giving away
as feed stock for preparing refuse derived fuel. High calorific wastes shall be used for
co-processing in cement or thermal power plants.
• As per the rules, the Ministry of New and Renewable Energy Sources should facilitate
infrastructure creation for Waste to Energy plants and provide appropriate subsidy or
incentives for such Waste to Energy plants.
• The Ministry of Power should fix tariff or charges for the power generated from the Waste to
Energy plants based on solid waste and ensure compulsory purchase of power generated from
such Waste to Energy plants by discoms.
{viii) Revision of Parameters and Existing Standards:
• As per the new rules, the landfill site shall be 100 metres away from a river, 200 metres from
a pond, 200 metres away from highways, habitations, public parks and water supply wells and
20 km away from airports/airbase. Emission standards are completely amended and include
parameters for dioxins, furans, reduced limits for particulate matters from 150 to 100 and now
50. Also, the compost standards have been amended to align with Fertilizer Control Order.
{ix) Management of Waste in Hilly Areas:
• As per the new rules, construction of landfills on hills shall be avoided. Land for construction of
sanitary landfills in hilly areas will be identified in the plain areas, within 25
kilometers. However, transfer stations and processing facilities shall be operational in the hilly
areas.
(x) Constitution of a Central Monitoring Committee:
• The government has also constituted a Central Monitoring Committee under the chairmanship
of secretary, MoEF and CC to monitor the overall implementation of the rules . The Committee
comprising of various stakeholders from the Central and state governments will meet once a
year to monitor the implementation of these rules.
Way Ahead:
• It will take almost 4-5 years to see the drastic change in how the waste management regimes
will work in India. The SWM Rules, 2016 diminish hopes in pushing for adoption of a
decentralized mechanism for solid waste management.
• However, it would be challenging to see how segregation at s~~rce shall work on the ground. A
massive awareness campaign in association with communities, _ NGOs, students and other
lanned to push for better implementation of these rules. The Rules
stakeholders nee d s t o be P , .
. sol i'd waste management a peoples movement by taking the issues
need to focus on ma k ing '
concerns and management of solid waste to citizens and grass-roots.
 -
6.6 Legal Aspects of Solid Waste Management
6.3 BIO -ME DIC AL WA ST E MA NA GE ME
NT RU LES ·20-1 6
' .

Fig. 6.2: Biom edic al was

te
• Th_e e~v iron n:,e nt min istry released the
new Bio-medical Waste Management Rule
brin g in a wid er and mor e com preh ens s, 201 6 which
ive regime for bio waste man age men
med ical was te man age men t rule s cha t. The new bio-
nge the way cou ntry used to man age this
• Und er the new regi me, the cov erag e waste earlier.
has increased and also prov ides for pre-
was te, bloo d sam ples etc. It man date trea tme nt of lab
s bar code system for prop er con trol.
cate gori zati on and auth oriz atio n . Thu It has simplified
s, it makes a big difference to clean Indi
a sign ifica nt step forw ard, as the exis a Mission. This is
ting rules of 199 8 have been revampe
cha nge s occ urri ng in the redu ctio n in d with major
waste categorization from the E;!xisting
four . 10 categories to
6.3 .1 Bio -me dic al Wa ste
•
- ·'
It is esti mat ed tha t 484 tonn es of bio-
med ical waste are gen erat ed eve ry day
of this , 447 tonn es are7 tJ;.ea ted. The in Indi a and out
rest of it pollutes the env iron men t. As
con tain s infe ctio us path oge ns, it should such kind of waste
be ensured that it is trea ted prop erly .
• The new rule s hav e mad e thin g sim ple
for hos pita ls as a redu ctio n in the was
num ber will lessen the con fusi on face te categorization
d by was te h?}ndlers and othe r healthc
deal with bio- med ical was te. are workers, who
• The new rule s seem to be com preh
ens ive as these clearly defi ne the role
was te-g ene rato rs and was te trea tme s of stakeholders,
nt faci lity ope rato rs, local auth oriti es,
and poll utio n con trol boa rds. stat e governments
Som e Key Hig hlig hts :
• The new rule s man date a bar code
sys tem for bags and con tain ers contain
was te whi ch is a good mov e as this ing bio- medical
will rest rict the entr y of waste in the
mar ket. It will also be ben efic ial for illegal recycling
rag- pick ers and people dealing with infe
was te and wor king in recy clin g indu strie cted solid plastic
• s.
The purv iew of the new rule s has bee .
n exp and ed to incl ude vac cina tion cam
cam ps, surg ical cam ps and othe r hea ps, blood donation
lthc are acti vitie s.
• Und er the new rules, bedded hos pita ls will get auto mat ic auth oriz atio n while ther e wou .
one -tim e auth oriz atio n for non -bed ded ld be a
ories.
The new rule s man date pre- trea tme t
• mic rob iolo gica l was te and blood bag s thro
nt of lab waste, blood ~ample~ ~ l~bo
rato ry wa_s :d
ugh disi nfec tion or on-s ite stenllzat1on
as pres cnb
by WHO and NACO.
.
f chlo rina ted plas tic bag s, glov es and bloo . . .
d bags will be phased out with in ThiS
• U~e O ad step if imp lem ente d with in the two year~ .
stip ulat ed time of two yea rs as burn
f
will b e a go ing
0
Solid Waste Managemen t 6.7 Legal Aspects of Solld Waste Management

chlorinated pla~tics often leads to emission of dioxin-furan , a persistent organic pollut~nt th a:

has the potential to cause reproductive and developmen tal problems. It damages the 1mmun
system, interferes with hormones and causes cancer.
• The rules mandate training and regular immunizatio n of all healthcare workers.
· Scaling up Action:
• It is essential that implementat ion should follow the legal mandate. The NGOs visits to medi~al
facilities have revealed shocking facts on the current handling and disposal practices of bio-
medical waste which raise serious doubts on the government estimate of 92 per cent
compliance level at present.
• Besides hospitals and clinics, bio-medical waste is generated in blood donation campS,
vaccination camps and a host of other places. Therefore, the move of including these camps in
the ambit of medical waste is a good decision. However, an action plan needs to be designed
on how to monitor these camps and the waste they generate. .
• The good thing is hospitals and Common Bio Medical Waste Treatment Facility (CBWTF) in
Delhi and other cities across India have managed waste well.
• In India, there are around 198 CBWTFs while 28 new facilities are coming up. This ensures
handling and managing bio-medical waste in a sustainable manner.
The Way Forward:
• As per the notification, all CBWTFs will have to ensure that operational standards are notified
for running incinerators.
• Hospitals will need to phase out use of chlorinated plastic bags, gloves and blood bags within
two years from the date of notification of these rules.
• Being a signatory to the Stockholm Convention, India may benefit from the phasing out of
chlorinated plastic bags, gloves and blood bags, as most of the times these items end up in
incinerators, causing huge emission of dioxin and furans.
• Hospitals have been asked to provide training to all their healthcare workers and others
involved in the handling of bio-medical waste at the time of induction and after that at least
once every year.
• They also have to report on the details of training prograi:ns conducted, the number of
personnel trained and those who do not undergo training in the annual report.
• Hospitals have been directed to immunize all healthcare workers and others involved in the
handling of bio-medical waste for protection against diseases.
6.4 E-WASTE (MANAGE MENT) RULES, 2016

Fig. 6.3: E-waste

 Le al As ects of Solid Waste Mana ement
6.4
Solid Waste Mana ement
· ·. ers and hotels and restaurants
· t" ns event organiz . the waste and manage in
• Institutional generators, market assoc,a ,o , .
g .
have been directly made responsible for segregation and sortin
t any licensed/ unlicensed place ,
partnership with local bodies. · f more than 100 person s a
th source and handing over of
In case of an even t , or ga enng
O .
• of wa st e at b dy
the organizer will have to ensure segreg ation 1 O •
I specif ied by. the 1oca biode radable waste and
segregated waste to waste co I ector or agency, a_s
gat~ tT ~d for composting I
• All hotels and _restaurants will also be required to segre u I
iz
food waste is
set up a system of collection to ensure that such
. • d ated communiti
bio-methanation. e and marke t assoc iations an g . t . /s
• The rules manda te that, all reside nt welfar
at sourc~ into ma ena 1. ike
with an area of above 5,000 sq. m. will have to segregate waste th0 nzed
mater ial either to au
plastic, tin, glass, paper and others and hand over recyclable
waste-pickers and recyclers or to the urban local body.
{ii) Collection and Disposal of Sanit ary Wast e:
responsible for awareness for
• The manufacturers or brand owners of sanitary napkins are
provide a pouch or wrapp er for
proper disposal of such waste by the gener ator and shall
sanita ry produ cts . .
disposal of each napkin or diapers along with the packet of their
{iii) Collect Back Schem e for Packa ging Wast e:
cts in packaging mat~r ial which
• As per the rules, brand owners who sale or marke t their produ
t back the packaging waste
are non-biodegradable, should put in place a system to collec
generated due to their production.
{iv) User Fees for Collection:
India to decide the user fees .
• The new rules have given power to the local bodies across
al and processing from bulk
Municipal authorities will levy user fees for collection, dispos
"User Fee" to the waste collector
gener9tors. As per the rules, the generator will have to pay
um of which will be decided by
and a "Spot Fine" for litterin g and non-segregation, the quant
the local bodies.
of rag pickers, waste pickers and
• Also, the new rules have mentioned about the integr ation
the state gover nmen t.
kabadiwalas from the informal sector to the formal sector by
g, or buryin g the solid waste
• The rules also stipulate zero tolerance for throw ing; burnin
ator's premises, or in the drain, or
. generated on streets, open public spaces outside the gener
water bodies.
(v) Wast e Processing and Treat ment :
sed,
• As per the new rules, it has been advised that the bio-degradable waste should be procesfar as
within the premi ses as
treated and disposed off throug h composting or bio-m ethan ation
tors or agency as directed by
possible and the residual waste shall be given to the waste collec
the local authority.
• The developers of special economic zone, industrial estate, indus trial park to earma rk at least
sheds for recov ery and recycling
5 per cent of the total area of the plot or minim um 5 plots/
facility.
• Was_t~ processing facilities will have to be set up by all local bodies having a population of
1 million or .more within two years. For census towns with
a popul ation below 1 million or for
comm on 1 or stand -alone sanitary
all local bodies having a population of 0.5 million or more,
on, or regional sanita ry landfi lls
landfills will have to be set up in three years time. Also, comm
ation under 0.5 million will have
to be set up by all local bodies and census towns with a popul
to be completed in three years.
sites
• Also, the rules have mandated bio-remediation or capping of old and abandoned dump
within five years .
Solid Waste Mana ement
6.5 Le al As ects of Solid Waste Mana ement
(vi) Prom oting Use of Compost:
• As per the rules, the Dep rt . .
·d k t d a ment of Fert·1·
I izers, Minist ry of Chemicals and Fertilizers should
prov, e mar e evelo pmen t .
st g
:' ance on city compost and ensure promo tion of co-ma rketin
of comp ost with chem ical ferta~I1
t th izers in the t·
ra 10 of 3-4 bags is to 6-7 bags by the fertiliz er
compa nies o e exten t com st .
°
Also, the Minis try of Agri P1 ,s_made available for marke
ting to the companies.
ility in Fertilizer Control Order for
manu factur ing and sale ~u ture should provide ·flexib up
labora tories to test qua!"~ compo st , propagating use of compost on farm land, set
rized
Y of compo st produced by local autho rities or their autho
1
agenc ies.
(vii) Prom otion of Wast e to Energy:
• In a not-so welco min to energy
plants . The rules g move ,. th e S~M Rules, 2016 emphasize promotion of waste
nd locate d within 100 km from a solid
waste -base d Refu:a_ a~e all indust rial units using fuel and month s from
six
the date of ; . ~ Derive d Fuel (RDF) plant to make arrangements within emen t by
of their fuel requir
notific ation of these rules to replace at least 5 per cent
RDF so produ ced.
ic value of 1500 kcal/kg or more
• The rules ~l_so direct that non-re cyclab le waste having calorif
not disposed off on landfills -and can
shall be utilize d for gener ating energ y either throug h RDF
derived fuel · or by giving away
only be utilize d for gener ating energ y either or through refuse
calorific wastes shall be used for
as feed stock for prepa ring refuse derived fuel. High
co-pro cessin g in ceme nt or therm al power plants.
Energy Sources should facilitate
• As per the rules, the Minist ry of New and Renewable
provide appropriate subsidy or
infras tructu re creati on for Waste to Energy plants and
incen tives for such Waste to Energy plants.
generated from the Waste to
• The Minist ry of Power should fix tariff or charges for the power
purchase of power generated from
Energ y plants based on solid waste and ensure compulsory
such Waste to Energy plants by discerns.
(viii) Revis ion of Param eters and Existi ng Stand ards:
from a river, 200 metres from
• As per the new rules, the landfill site shall be 100 metres away
parks and water supply wel ls and
a pond, 200 metre s away from highways, habitations, public
completely amend ed and include
20 km away from airpor ts/airb ase. Emission standards are
matte rs from 150 to 100 and now
param eters for dioxin s, furans, reduced limits for particulate
with Fertilizer Control Order .
50. Also, the comp ost standa rds have been amended to align
(ix) Mana geme nt of Wast e in Hilly Areas :
avoided. Land for construction of
• As per the new rules, construction of landfills on hills shall be
the plain areas, within 25
sanita ry landfi lls in hilly areas will be identified in
es shall be operational in the hilly
kilome ters. However, transf er station s and processing faciliti
areas.
-
(x) cons titutio n of a Centr al Monit oring Comm ittee:
ittee under the chairmanship
• The gover nmen t has also consti tuted a Central Monitoring Comm
entati on of the rul es. The Committee
of secre tary, MoEF and CC to monit or the overall implem
governments will meet once a
comp rising of variou s stakeh olders from the Central and state
year to monit or the implement ation of these rules.
way Ahea d: e in how the waste management regimes
•11 take almos t 4- 5 years to see the drastic chang
• • • s h h opes .in pus h.mg f or ad op t·10n o
1 f a
• It . w work in India. The SWM Rules, 2016 d1mm1
111
; entral ized mechanism for solid waste management.
shall work on the ground. A
ec er it would be challenging to see how segregation at source
s, NGOs, students and other
• Howe_ve 'awareness campa ign in associ ation with communitie
n,ass1v on of these rules. The Rules
holde rs needs to be planned to push for better implem entati
stake to focus on makin g solid waste management a people's movem ent by taking the issues ,
need and mana geme nt of solid waste to citizens and grass-roots.
conce rns
Solid Waste Management 6.6 Legal Aspects of Solid Waste Manageme.!!!_

6.3 BIO-MEDICAL WASTE MANAGEMEN T RULES, 2016

Fig. 6.2: Biomedical waste

• The environment ministry released the new Bio-medical Waste Management Rules, 2016 which
bring in a wider and more comprehensive regime for bio waste management. The new bio-
medical waste management rules change the way country used to manage this waste earlier.
• Under the new regime, the coverage has increased and also provides for pre-treatment of lab
waste, blood samples etc. It mandates bar code system for proper control. It has simplified
categorization and authorization. Thus, it makes a big difference to clean India Mission. This is
a significant step forward, as the existing rules of 1998 have been revamped with major
changes occurring in the reduction in waste categorization from the existing 10 categories to
four.
6.3.1 Bio-medical Waste
- '
• It is estimated that 484 tonnes of bio-medical waste are generated every day in India and out
of this, 447 tonnes arr t_feated. The rest of it pollutes the ~nvironment. As such kind of waste
contains infectious pathogens, it should be ensured that it is treated properly.
• The new rules have made thing simple for hospitals as a reduction in the waste categorization
. number will lessen the confusion faced by waste h?indlers and other healthcare workers, who
deal with bio-medical waste.
• The new rules seem to be comprehensive as these clearly define the roles of stakeholders,
waste-generator s and waste treatment facility operators, local authorities, state governments
and pollution control boards.
Some Key Highlights:
• The new rules mandate a bar code system for bags and containers containing bio-medical
waste which is a good move as this . will restrict the entry of waste in the illegal recycling
market. It will also be beneficial for rag-pickers and people dealing with infected solid plastic
waste and working in recycling industries.
• The purview of the new rules has been expanded to include vaccination camps, blood donation
camps, surgical camps and other healthcare activities.
• Under the new rules, bedded hospitals w.ill get automatic authorization while there wou ld be a
one-time authorization for non-bedded ones.
• T~e n~w r_ules mandate pre-treatment of la_b_ waste, blood samples, laboratory waste,
m1crob1olog1cal waste and blood bags through disinfection or on-site sterilization as prescribed
by WHO and NACO. .
5
• Use of chlorinated plastic bags, gloves and blood bags will be phased out with in two yea rs. 1hi .
will be a good step if implemented within the stipulated time of two yea rs as burn 1n9 ,it
 ent
lid Waste Mana em
ement 6.7 Le al As ects of So
Solid Waste Mana
th at
pl as tic s ol te n leads to em ·,ss,.on of dioxin f an, a persistent organic pollutant
chlorinated a dd - ur es the Immune
th po t en
.
t,a l to ca use reproductive ev el op m en ta l pr oblems. It damag
has e and c n s cancer
s w ith hormones ause
system, in te rfe re r imm . .. ·
an d re gu la care workers.
Th e ru 1es m an da te tra in in g
un izat,on of all health
•
n: .
Scaling up Actio •
m ed ic al
tion should ~0 11
sits to
th at im pl em en ta th e legal mandate. The NGOs vi of bl o-
ow
• It is essentiavel revealed h k' handling and disp
osal practices
facilities ha cu rre nt r cent
w hi ch r: . oc ing_ facts on the
.g ov er nm en t es timate of 92 pe
medical waste ts on the
,se serious doub
• at present. nation camps,
comp 11ance level d' is ge ne ra ted in blood do
ls and cr1n·,cs, 10-me ,cal wa
b' ste camps in
• Besid. es . hospita ef or e th e m ov e of including these
r places. Ther be designed
in at io n ca m ps and a host of othe ow ev e: , an ac tion plan needs to
va cc good decision. H
th e am bi t of medical waste is a generate.
r th es e ca m ps and the waste they te Tr eatment Facility
(CBWTF) in
on ho w to m on ito M ed ica l W as
and Common Bio
oo d th ing is hospitals ed waste well. . This ensures
• Th e _g
r ci tie s ac ro ss India have manag fa ci litie s are coming up
hi an d ot he 28 ne w
Del
e are around 19
8 CBWTFs while anner.
• In In di a, th er
m ed ical wa st e in a sustainable m
aging bi o-
handling and man s are notified
W ay Fo rw ar d: en su re th at op erational standard
Th e TFs will have to
th e no tification, all CBW ithin
• As pe r
in ci ne ra to rs . tic ba gs , gl ov es and blood bags w
for running chlorinated plas
ne ed to phase out use of
Hospita ls w ill e rules . out of
•
m th e da te of notification of thes a m ay be ne fit from the phasing
two years fro In di up in
or y to th e St oc kholm Convention, t of th e tim es these items end
Being a signat ood bags, as mos
•
tic ba gs, gloves and bl
chlorin at ed pl as and furans. d others
us in g hu ge emission of dioxin l th ei r he al th care workers an
incinerators , ca g to al least
be en as ke d to provide trainin e of in du ct io n and after th at at
Hospitals have al waste at the tim
•
in th e ha nd ling of bio-medic
involv ed mber of
ye ar . g pr og ra ,:n s co nducted, the nu
once every tails of trainin
al so ha ve to report on the de ining in the annual
report.
They · rgo tra the
•
in ed an d th os e who do no t un de
re w or ke rs an d others involved in
personnel tra ize all healthca
en directed to immun
Hospi ta ls ha ve be nst diseases .
•
m ed ic al wa ste for protection agai
handling of bi o-
) RULES, 2016
ANAGEMENT
6 .4 E-WASTE (M

Fig. 6. 3: E-waste
•
0.0

Tit o Ml1111.1 try or E: ,w lronmonl , Forest and Cll mate Change has notified t he E-Wa ste Management
-
Logol A•poct11 of Solid Waste Management

H11loo, 20J & In •.u puru<.:oti lon of th e e-wast e (M anage ment and Handling) Rul es, 201 1,
Anno11 ncl11g llH.i no11 r1 cotlon or th e ru les, Minister of Sta t e (Independent Charge) of
envlr onmont, Fo nict ond Cli mate Change, said t hat norms have been made more stringent and
rn rl ocl tt1o 9ov<,m1m t;Jnt's comm itm ent to environmenta l governan ce. He pointed out that the
E•wrrnt a ru l0!., will now Includ e Compact Fluorescent Lamp (CFL) and other mercury containing
lamps, os woll os oth er such equ ipm ent.
• n10 Mi nister said that for th e first t im e, the Rul es will bring the producers under Extended
Produ cer Rospon slblll t y (EPR ), along wi t h ta rget s. He add ed that, producers have been made
respon slble for coll ect ion of E- waste and fo r Its exchange.
• Tho bu lk consumers must coll ect t he Items and handover them to authorized recyclers. He
empha sized t hat various producers ca n have a separate Producer Responsibility Organization
(PRO ) and ensure coll ection of E-wast e, as well as Its disposal In an environmentally sound
ma nner.
• The Mini ster po in ted out t hat th e rol e of State Governments has been also Introduced to
ensure safety, hea lth and skill development of the workers Involved in dismantling and
recycling operations.
Sallent Features:
• The E- wastes Management Rul es, 2016 and as compared to the E-Waste (Management and
Handling) Rul es, 20 11 , there see m to be a significant change for.good.
• The key difference between th e previous set and the current one is the "reverse chain" that is
mandat ed to be crea t ed by th e producers under the Extended Producer Responsibility (EPR) to
ensure electroni c products a~e recovered for safe recycl ing.
• A "buy ba ck" pollcy for electronics has also been suggested meaning that the producers can
buy the products back for safe recycling by providing some sort of incentive to encourage
con sum ers to also help recycle e-waste.
• Furthermore, the new set has taken cognizance of and has tried to include the informal sector
which handles over 90 per cent of e-waste generated in India, in the mainstream.
• The Informal sector will be formalised and the workers will be trained to handle e- waste rather
t han burning them after extracting the precious metals from them.
• This will fall under the state's responsibility to train the workers of the informal sector and
Including them In the mainstream so as to avoid leakages to the e-waste generated and
recycled.
• The rules have been extended to the bulk consumers like companies that buy electronic goods
In masses . The bulk consumers must collect the Items and hand them over to authorized
recyclers and It will be the responsibil ity of the one buying in bulk.
• The new rules have for the first time included the Compact Fluorescent Lamp (CFL) and other
mercury containing lamps and equipment In their ambit. However, the disposal mechanism has
not been clearly mentioned thus far but it will be done "scientifically".
• The draft notification that was released In June last year did not elaborate on the penal
clauses. In fact, the penalty and punishment for non-compliance were the same as mentioned
under the sections 15 and 16 of the Environment (Protection) Act, 1986. The sections say that
an Imprisonment term that may extend to five years or a fine which may extend to ~ 1 lakh
would be the penalty for non-compliance. The penalty clauses under the· 2015 rules are not
very clear.
• The 584 suggestions and objections were received to the draft rules and all the stakeholders
Including the Industrial bodies were Involved in drafting the final rules.
• India ranks fifth In the world in generating e-waste according to the UN's Global E- Wa st e
Monitor. While the US generated 7. 795 million tonnes in 2014, China genera ted a
whopping 6.65 million tones, Japan stood third by generating 2.43 million tones . GermanY
ra nked fourth with 1.95 million tonnes of e-waste and was closely followed by India gene rating
1.81 million tonnes . The Monitor adds that the waste generated by India is onl y slated to
Increase at an average of five per cent every year.
 Legal Aspects of Solid Waste Management
6.9
Solid Waste Manag ement

MAN AGE MEN T RUL ES, 201 6

6.5 CON STR UCT ION AND DEM OLI TIO N WA STE

e
Fig. 6.4: Cons truct ion and demo lition of wast
Dem olitio n Wast e Mana geme nt Rules , 2016 for
• The Gove rnme nt has notifi ed Cons tructi on and ,
the Cons tructi on and Wast e Mana geme nt Rules
the first time . Outli ning the .salie nt featu res of te Chan ge, said
of -Envi ronm ent, Fores t and Clima
Unio n Minis ter of State (Inde pend ent Char ge)
tively tackl e the issue s of pollu tion and wast e
that the rules are an initia tive to effec
mana geme nt.
on and demo lition wast e gene rated is abou t
• The Minis ter said that at prese nt, the cons tructi
Minis ter said that, cons tructi on and demo lition
530 millio n tonne s annu ally. The Envir onme nt
d that, the basis of these Rules is to recov er,
wast e is not a wast e, but a resou rce. He adde
cons tructi on and demo lition .
recyc le and reuse the wast e gene rated throu gh and
gatin g cons tructi on and demo lition wast e
• The Envi ronm ent Minis ter said that, segre respo nsibi lity of ever y
ssing will now be the
depo siting it to the colle ction cente rs for proce bodie s will have to utiliz e
ighte d that the local
wast e gene rator . The Envir onme nt Minis ter highl muni cipal and gove rnme nt
lition wast e in
10-2 0% mate rial from cons tructi on and demo
contr acts.
than one millio n will comm ission proce ssing and
• He said that, cities with a popu lation of more
of final notifi catio n of these rules , while cities
dispo sal facili ty withi n 18 mont hs from the date
with a poi.:" ol;:ition of less than 0.5 m illion w ill
with a popu lation of 0.5 to 1 millio n and those
and three years respe ctive ly.
have to provi de these facili ties withi n two years
when the comp lete cons tructi on and demo lition
• Perm ission for cons tructi on will be given only
The Minis ter also point ed out that the large
wast e mana geme nt plan is .pres ented , he said.
charg es for colle ction , trans porta tion, proce ssing
gene rator s of wast e will have to pay relev ant
rities .
and dispo sal, as notifi ed by the conc erned autho
Salie nt Feat ures :
on and demo lition wast e were part of Sche dule
• Till now, rules for the mana geme nt of cons tructi
agem ent and Hand ling), 2000 . The minis try
III of the rules for Muni cipal Solid '.Vast e (Man
nt of C and D waste . The final notifi catio n of
sepa rately prepa red draft rules for the mana geme
sugg estio ns from vario us envir onme ntalis ts and
these draft rules takes into acco unt nearl y 111
envir onme ntal organ izatio ns. -
D wast e must segre gate it into four categ ories
• Acco rding to the rules , all gene rator s of C and it at
s and mort ar - and then ei th er depo sit
conc rete, soil, steel and wood , plast ics, brick
or hand it over to processing facili ties .
col lectio n centr es setup by the local autho rity
Solid Waste Management 6.10 Legal Aspects of Solid Waste Manageme.!!!.

• But, out of all cities in the country, only Delhi has waste processing facilities - one in Bura .
and the other at Shahdara. n
• Large generators (gener~ting _more than 20 tonnes of C and D waste a day or 300 tonnes of
C and D waste per proJect in a month) · must prepare an environment management pl
detailing the environmental issues that can stem from the storage, transportation, disposal aa~
reuse of C and D waste. n
• They mu·s t also prepare a waste management plan, submit it to a local authority and get the·
approval before starting any construction/demolition/renovation work. · ir
• They are also required to pay a relevant charge to service providers and _contractors for
collection and transport of C and D waste and to a waste processing facility for processing and
disposal of this waste. ·
• Local authorities, in their turn, are required to use 10-20 per cent materials made from c and
D waste in municipal a_nd government contracts and give incentives to waste generators who
process and recycle their waste in-situ. .
• This is an important intervention that would need detailing with tax and pricing measures in
cities. There are two ways of encouraging in-situ recycling. One is a 'waste tax' approach, in
which you tax waste generators for availing waste processing facilities. The other is by
incentivizing in-situ recycling.
• Further, the new rules mandate that all service providers and contractors are required to
remove, and prepare a waste management plan for the waste generated in their jurisdiction
within six months.
• Waste processing facilities, in their turn, are requ ired to get an authorization from the State
Pollution Control Board (SPCB) and notify a buffer zone of no development in the area
surrounding their location if they have a capacity of processing more than five tonnes of C and
D waste per day. Regardless of their capacity, it is advised that they are located away from
habitation clusters, forest areas, water bodies, monuments, national parks and wetlands . _
• For effective monitoring of stakeholders, the new rules also designate specific roles for the
state government, the Central Pollution Control Board (CPCB), the Bureau of Indian Standards
(BIS), the Indian Roads Congress (IRC) and central ministries.
• The concerned department of the state government is required to provide land for storage,
processing and recycling of C and D waste within one and a half years. The CPCB must prepare
operational guidelines on environmental management of C and D waste.
• The new rules also direct the IRC to prepare standards and practices on use of recycled C and
D waste products in road construction .
• Central ministries such as the Ministry of Urban Development (MoUD), the Ministry of Rural
Development (MoRD) and the Ministry of Panchayati Raj (MoPR) will facilitate local bodies while
the Ministry of Environment and Forests (MoEF) will review implementation of these rules. The
·BIS should prepare a code of practice and standards for use of recycled C and D waste.
• Earlier, BIS did not recognize recycled C and D waste as suitable construction material. In
January 2016, they notified an amendment in IS : 383 saying that recycled concrete can be
used as a part substitute for concrete in constructions. BIS should now extend the scope of
reuse of C and D waste to include its use as a part substitute for mortar and in the
construction of paver blocks, kerb stones etc.
• The rules also set targets for cities to commission processing and disposal of C and D waste .
These are one and a half years for million plus cities, two years for cities with a population
between 0.5 million and one million and three years for cities with a population less than 0.5
million.
• Delhi recently issued an advisory on reuse of C and D waste, according to which, government
agencies are required to incorporate a clause in their tenders, mandating that 10 per cent of
recycled products from C and D waste should be used in road works, five per cent in non-
structural applications and minimum 2 per cent in building works. It also sanctioned three new
recycling plants in the state budget 2016-17. Other cities must follow suit.
• India generates ne~rly 530 million tonnes of C and D waste annually. This number i~ on ~ii
going to skyrocket in the future, considering that two-thirds of the buildings that India wi
have in 2030 are yet to be built. Although inert, c and D waste is bulky and it usually fi nds its
way into water bodies, pub~ic sp~ces and green areas. Recycled C and D waste can al so b\ ~
great substitute for material mined from nature, thus reducing our dependence on fre
resources. Therefore, proper management of C and D waste is important.
 ement -
So lid Waste Mana 6.11

O T H E R WASTE
S AND TRANS-
D O U S . A N D (M A N A G E M E N T
6 .6 H A Z A R 16
D A R Y M O V E M E N T ) RULES, 2 0
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Wastes (M an ag em
Forest and C lim
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h az ar ou s w as us an d O th er
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(S EZ ) an d by Ex po rt pt io n fro m re qu iri ng pe rm is si on
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si lk w as te ha ve no w ge. m In dia,
• E xp or te rs of
en t, Fo re st an d C lim at e Chan ac tu re d in and ex po rte d fro
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ni c as se m bl ie s an d co m po ne nt co un try , w ith in a ye ar of ex po rt,
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• El ec tri ca l an d el n no w be im po rte d re st an d C lim at e Ch
ange.
iv e ca en t, Fo n) A ct
if fo un d de fe ct
fr om th e M in is try of En vi ro nm
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In di a' s im po rt s of so 20 17 -1 8. 20 15 be ca us e of
•
20 16 -1 7 to 48 ,0 00 to nn es in FY pa rti cu la rly PE T bo ttl es - in
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• In di
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an in ab ili ty to re th at m os t of th e ~l as tic w_aste do co lle ct io n. em in
Ex pe rts su gg es t eq ua te rt th
• nt w as te se gr eg at io n an d in ad ec on om ic zo ne s (S EZ ) to im po
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ev er , th e C en tre al lo w ed ag le d to an in flu x of PET bo ttl es
• H ow w hi ch
e le ga l lo op ho le
20 16 : Th is w as th ot hi ng
tt le s of po ly es te r (ju st lik e th e cl
6 .6 .1 P E T B o po ly et hy le rn~ te re ph t~ al at e,
is a fo rm
nt ai ne rs fo r pa ck ag in g fo od s
an d
ch st an ds fo r bo ttl es an d co
• PEbrT,icw) .hiIt is ex tru de d or m ol de d in to pl as tic no n- re ac tiv e,
fa
et c. it i~ st ro ng ye t lig ht w ei gh t,
be ve ra ge s us e
in g m at er ia l be ca
hi gh ly va lu ed pa ck ag r e 1·
• It is
ic al an d sh at te rp ro of . im po rt er of pl as tic w as te fo r ey ei nga,
ec on om al w ay to In di
w hi ch was on ce a m aj or gl ob ul d be m ak in g th ei r
ve r, C hi na , d w as te s co
• M or eo d ·
ha d re ce nt / Y b an ne im po s an th
rt er ef or e pl as tic
. m os ph er e. or
in st ea d. es to xi c ch em ic al s in to th e at
ch re le as
cl!ng is bu rn t, w hi so ur ce s.
• _Pla5tic uns_uitable _for recy lly co nt am in at in g so il an d w at er
/I, potent,a
it ends up in landf1
~S~ol~id~W!!!a~s~te~M~a!!:n~ag9!e~m~e~nt~ - - - - - - - - - - -6~.~
12:___ _ _ __ ._:::
Le=--gs I As
a :....:~pe
.:..:c:...:..ts'-o_f_S_o_lid_ W
_ as_le_ M
_a
_n_a~ge_m-=~

6.6.2 India's Plastic Waste Industry

• Before China banned the import of plastic waste, India was the 10 t h largest importer of plastic
scrap. However, there was a "substantial i.ncrease'~ in import wh ich shows that India has
emerged as one of the alternatives for rec~cl ing pla.st1c waste. . .
• India recycles a higher percentage of plastic waste 1nter~ally t~a~ other richer countries.
• A 2012 study found that 56% of plastic waste produced 1n India 1s recycled .
• The process of collecting and separating plastic waste is largely an informal sector activity,
providing employment to ~any. . . .
• However, concerns remain regarding the widespread usage of plastic. Experts say, while
recycling is a good practice, the focus must remain on reducing usage .
• While several states have indeed banned the usage of plastic bags, the regulations soon come
undone.
• Maharashtra's ban on plastic items failed because of intense lobbying, lack of alternatives and
· also damage to the livelihood of those depending on manufacturing plastic and collecting
plas~ic waste.
6.7 PLASl"IC WASTE MANAGEMEN T RULES, 2016
..,.....,....,.,..---,,=---..,.,
• The Government has notified the
Plastic Waste Management Rules,
2016, in suppression of the earlier
Plastic Waste (Management and
Handling) Rules, 2011. The Min ister
of State for Environment, Forest and
Climate Change, Shri Prakash
Javadekar, said that the minimum
thickness of plastic carry bags has
been increased from 40 microns to
50 microns. He stated that 15, 000
tonnes of plastic waste is generated
every day, out of which 9,000 tonnes
is collected and processed, but 6,000
tonnes of plastic waste is not being
collected . . Fig. 6.6: Plastic waste
• Shri Javadekar also said that the rules, which were admissible upto municipal areas, have now
been extended to all villages. The Minister said that notifying the new Plastic Waste
Man·agement Rules is a part of the revamping of all Waste Management Rules. This will help in
achieving the vision of our Prime Minister of Swachchh Bharat and cleanliness is the essence of
health and tourism .
Salient Features: _
• Minimum thickness of plastic carry bags has been increased from 40 microns to 50 microns .
• The rules which will be implemented across the country in six months are not clear about the
fine amount to be imposed on plastic manufacturers or how the monitoring system would be
carried out to pinpoint violators.
• The new plastic waste management rules are aimed at reducing 6,000 tonnes of uncollected
plastic waste generated daily by targeting manufacturers and industries by using a new
principle called the Extended Producers' Responsibility (EPR) Act.
• Under this Act, industries that use plastic will have to bear the onus and pay towards the
collection of plastics through the distribution system that they use for retailing their products .
Those failing to abide by the norms will lose the certification necessary to carry on with the
operation. However, the modalities of implementation have not been specified as yet.
• Producers and importers, who will introduce plastics in the market in the form of carry ba gs,
multi-layered plastic sachets or for packaging purpose need to establish a system for co llecting
back the waste generated as a result of their products.
• They will also have to work out the modalities for waste collection system based on the EPR
through their own distribution channels or through the local bodies. The plan of collection ha s
to be su t:,,y,;tted to the respective state pollution control boards while applyi ng for consent to
establish, operate or renew the certification of business. This was done to improve the
collection of plastic waste .
Solid Waste Management 6.13 Legal Aspects of Solid WaSfe Management

• One aspect that was not dealt with was the informal sector of waste collection . In Delhi, the
informal sector employs about 150,000 people who transport almost 1,088 tonnes per day of
recyclable waste.
• According to a survey carried out by Delhi-base d non-profit .Centre for Science and
Environm ent, around 60-75 per cent of recyclable waste in present time consists of plastics. It
used to be just 20-30 per cent four years ago.
• There is no mention on how to reduce plastic waste in the new rules. While it has focused on
the use of plastic carry bags by increasing the minimum thickness from 40 microns to 50
microns, there has been no specificati on on the other forms of plastics such as the mineral
water bottles (PET).
a:a THE .ROLE OF. CPCB AND MPCB IN MANAGEMENT OF SOLID WASTE
. ,,,,,,i;FROM
' . ;',..
VARIOU S SOURCES
• Since the disposal of municipal solid wastes poses problems of the pollution and health
hazards, the Pollution Control Boards are expected to take action for persuadin g the civic
authorities in proper managem ent of municipal solid wastes.
• Though, direct responsib ility of m'a nagement of solid wastes is. on the local municipal
authorities , the Pollution Control Boards need to have close linkage with local authoritie s in
rendering assistance in terms of carrying out necessary surveys and providing technolog ical
back-up.
• The Central Pollution Control Board and the Maharashtra Pollution Control Boards at the
national and state levels are to dissemina te informatio n and create awareness among the
concerned authorities and public a,t large. ·
• The Central Pollution Control Board (CPCB) and the Maharasht ra Pollution ·Control Boards
(MPCB) within the given powers to them under relevant Acts and Rules have been attemptin g
to persuade local bodies to take appropriat e measures for the treatment and disposal of
municipal solid waste. ·
• In order to initiate a systematic approach on proper manageme nt of municipal waste (solid),
CPCB issues directions to MPCB of relevant sections of various acts.
• The MPCB shall monitor the compliance pf the standards regarding ground water, ambient air,
leachate quality and the compost quality including incineration standards as specified under
Schedule s II, III and IV.
• The MPCB, after the receipt of application from the municipal authority or the operator of a
facility in Form I, for grant of authorization for setting up waste processing and disposal
facility including landfills, shall examine the proposal taking into consideration the views of
other agencies like the State Urban Development Department, the Town and Country Planning
Department, Air Port or Air Base Authority, the Ground Water Board or any such other agency
prior to issuing the authorization. .
• The MPCB shall issue the authorization in Form-III to the municipal authority or an operator
of a facility within forty-five days stipulating compliance criteria and standards as specified in
Schedules II, III and IV including such other conditions, as may be necessary.
• The authorization shall be valid for a given period and after the validity is over, a fresh
authorization shall be required.

mportan t Points
• India holds the third rank in the world among the countries producing municipal solid waste
(MSW) with 110000 tons of waste per day.
• ~~1 year 2000, Municipal Solid Wastes (Management and . Handling) Rules, 2000 for the first
;-ne effected that dealt comprehensively with municipal solid waste, and which have beer ,_
Pnace for the past 16 years. until Solid Waste Management Rules (SWM) ' 2016 replaced ' these
1 year 2016.
• rd
:cco in~ to Unio~ Minister of State for Environment, Forests and Climate Change - 62 mi Iii
onnes .0 was~e is generated annually in the country at present out of which ' 5 • _on
tonnes _is_ plastic waste, 0.17 million tonnes is biomedical waste, haz~rdous waste en-:ra~i~~ n
7.90 m1ll!o_n tonnes per annum and 15 lakh tonnes is e-waste and only about g
_
75 8 er
P cent of
is
the municipal waste gets collected and only 22- 28 per cent of th ·is was t e .is processed and
treated.
 Solid Waste Mana gement
6.14
Legal Aspects of Solid Waste Mana geme
.
nt
-
source, collection and
s of the new SWM Rules, 2016 include seg reg atio n at
• Sal ient Fea ture r fees for collection,
itar y was te, coll ect bac k scheme for packaging waste, use
disp osa l of san wa~te to energy,
ing and trea tme nt, pro mot ing use of com pos t, pro mot ion o~
waste proc ess areas and
par ame ters and exis tinq stan dard s, man age men t of waste in hilly
revision of
Com mitt ee.
con stitu tion of a Central Mon itor ing d was te man age men t a people's mov eme
nt by taking
d to focu s on mak ing soli
• The Rules nee oot s.
t of solid waste to citizens and gra ss-r
the issues, concerns and man age men ry day in Indi a and out
medical waste are gen era ted eve
• It is estimated tha t 484 tonn es of bio- As suc h kind of waste
rest of it pollutes the env iron men t.
of this, 447 tonn es are trea ted . The per ly.
uld be ensured tha t it is trea ted pro
contains infectious pathoqens, it sho a red ucti on in the waste categorization
hav e mad e thin g sim ple for hospitals as
The new rule s are workers, who
•
will less en the con fusi o_n face d by waste handlers and oth er hea lthc
num ber
deal with bio-medical waste. as these clearly defi ne the roles of stak
eholders,
s see m to be com pre hen sive ernments
• The new rule lity operators, local aut hor ities , stat e gov
rs and was te trea tme nt faci
was te-g ene rato
and pollution control boards. E-Waste Management
and Climate Change has noti fied the
• The Ministry of Env iron men t, Forest s, 2011.
aste (Management and Han dlin g) Rule
Rules, 2016 in supersession of the e-w auth oriz ed recyclers. He
The bulk con sum ers mus t coll ect the items and hand the m ove r to sibi lity Organization
• can have a separate Producer Respon
emphasized tha t various producers env iron men tally sound
O) and ens ure coll ecti on of E-w aste, as well as its disposal in an
(PR
manner. t Rules, 2016 for
t has noti fied Con stru ctio n and Demolition Waste Man age men
The Gov ern men mill ion tonnes
•
time . The con stru ctio n arid dem olition waste generated is abo ut 530 The basis of
the first resource.
oliti on waste is not a waste, but a
ann uall y and con stru ctio n and dem e the waste gen era ted thro ugh con stru ctio n and
s is to reco ver, recy cle and reus collection
these Rule dem olition waste and dep osit ing it to the
Seg reg atin g con stru ctio n and local bodies
dem oliti on. ons ibility of every waste gen era tor. The
proc ess ing will now be the resp icipal and
centres for con struction and dem oliti on waste in mun
utili ze 10- 20% mat eria l from
will have to
gov ern men t contracts. enta tion of env iron men tally sound manage
ment of
In ord er to stre ngth en the imp lem Change
•
te in the cou ntry , the Min istry of Environment, Forest and Climate nt)
hazardous was tes (Ma nagement and Tra nsb oun dar y Moveme
Haz ardo us and Oth er Was
has amended the
of the
Rules, 2016.
has noti fied the Plas tic Was te Man agement Rules, 201 6, in suppression
The Gov ern men t ss of
•
te (Ma nag eme nt and Han dlin g) Rules, 2011. The min imu m thickne tic
earlier Plastic Was 00 tonn es of plas
from 40 microns to 50 microns. 15,0
plastic carry bags has been increased h 9,00 0 tonnes is collecte d and proc essed, but 6,000
ed eve ry day , out of whic
waste is generat t Rules is a par t of the
collected. Plastic Waste Managemen
tonnes of plastic waste is not being s. This will help in achievi ng the vision of our Prime
Was te Man age men t Rule
revamping of all
Minister of Swachchh Bharat. tes pos es problems of the poll utio n and
health
l of mun icip al solid was
Since the disposa suading the civic
• are expected to take action for per
hazards, the Pollution Control Boards municipal solid wastes.
authorities in proper management of men t of solid wastes is on the local mun
icipal
resp ons ibili ty of man age es in
• Though, direct nee d to have close linkage with local authoriti
Poll utio n Con trol Boa rds nological
authorities, the out necessary surveys and providing tech
ista nce in term s of carr ying
rendering ass
back-up.

Giit49it•1iti i•1•w iita@ s (SWM), 2016.

te Man agement Rule
1. State the salient features of Solid Was
.of E-Waste (Ma nagement) Rules, 2016.
2. State the salient features and Tran s-
the sali ent feat ures of Haz ardo us and Other Wastes (Management
3. State
boundary Movement) Rules, 2016. t Rules, 2016.
n and Demolition Waste Managemen
State the sal~ent features of Constructio
I 4.
5.
6.
State the sal~ent features of Bio-med
State the salient features of Plastic Was
ical Waste Management Rules,
te Management Rules, 2016 .
rd to SWM in Indi a.
201 6 .

7. Describe the present scenario with rega rc~ ,tclll'

Role of CPC B and MPCB in Man age ment of Solid Waste from v arious Sou
8. Sta te the