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Hazardous Waste Regulations in India

Introduction​

Hazardous waste management is a critical aspect of environmental law in India. This guide provides an overview of the key regulations and case laws related to hazardous waste disposal in India.

Key Regulations​

The Environment (Protection) Act, 1986​

This act forms the primary framework for environmental protection in India, including provisions for hazardous waste management.

Section 19A: Powers of Central Government​

The central government may, subject to such conditions as it may deem fit, grant permission for the generation, handling, storage, transport, treatment, disposal, import, or export of hazardous substances.

Section 19B: Powers of State Governments​

State governments have powers similar to those of the central government under Section 19A, but only within their respective jurisdictions.

The Hazardous Substances Rules, 1989​

These rules were framed under the Environment (Protection) Act, 1986, to regulate the manufacture, use, sale, and transportation of hazardous substances.

Rule 7: Definition of Hazardous Substance​

For the purposes of these rules, "hazardous substance" means any substance or mixture of substances which, by reason of chemical properties or trafficable characteristics, presents immediate danger to human life or health when exposed to living organisms or the environment.

The Biomedical Waste Management Rules, 2016​

These rules specifically address biomedical waste generated during the diagnosis, treatment, or immunization of human beings or experimentation on animals.

Rule 10: Treatment, Storage, and Disposal Facilities​

Every person who generates biomedical waste shall ensure that such waste is treated, stored, and disposed of through facilities approved by the Central Pollution Control Board.

Case Laws​

M.C. Mehta vs Union of India (1997)​

In this landmark case, the Supreme Court of India addressed the issue of pollution caused by industrial effluents in the Yamuna River.

The court held that industries discharging untreated effluent into rivers could be shut down until proper treatment plants were installed.

Centre for Science and Environment vs Union of India (2000)​

This case dealt with the issue of hazardous waste disposal in the city of Delhi.

The court directed the closure of all unauthorized hazardous waste dumping sites in Delhi and ordered the setting up of proper waste management systems.

Illustrations​

To illustrate the practical application of these regulations, consider the following scenario:

A pharmaceutical company in Mumbai produces a hazardous chemical compound used in cancer treatment. The company must comply with both the Environment (Protection) Act, 1986 and the Hazardous Substances Rules, 1989.

Under the Environment (Protection) Act, the company needs to obtain permission from the central government before generating, handling, or disposing of the hazardous substance. This process involves submitting detailed reports on the nature of the substance, potential risks, and proposed safety measures.

Additionally, the company must adhere to the specific requirements outlined in the Hazardous Substances Rules, 1989. These rules dictate the labeling of containers, safe storage procedures, and transportation protocols to prevent accidents or exposure to workers and the public.

By complying with both acts, the company ensures not only legal compliance but also protects the environment and public health.

Conclusion​

Understanding and implementing hazardous waste regulations is crucial for businesses operating in India, especially those dealing with potentially harmful substances. By familiarizing themselves with the relevant laws and case precedents, professionals in the field can navigate the complexities of environmental regulation effectively.

Remember to consult with local authorities and legal experts for specific guidance on compliance in your area of operation.