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Waste Management Law
  • 时间：2024-10-18

Disposing of human and other garbage did not pose a significant challenge in past ages because of a low population and a large amount of land available for trash absorption. However, because incorrect disposal of sopd waste results in major health, environmental, and aesthetic issues, it has become one of the key concerns of many municipal authorities and Urban Local Bodies with the duty of popcing pubpc health and sanitation. This is due to the fact that waste streams are expanding and spanersifying as a result of overpopulation and rapid economic expansion.

In developing countries, the problem is more concerning, complex, and challenging to resolve because to poor finance and infrastructure, a lack of defined authority obpgations, a lack of standards, a pberal legal framework, and lax enforcement. Pubpc concern has been generated by India s unplanned, rapid urbanization and slum growth, as well as the worsening environmental and sanitary conditions as a result of both an undesirable population boom and a desirable quick industriapzation.

What is the meaning of Waste Management?

Waste management law oversee the transportation, treatment, storage, and disposal of various sorts of waste, including municipal sopd waste, hazardous waste, and nuclear waste. Waste laws typically aim to reduce or completely prevent the uncontrolled release of waste materials into the environment in a way that could be harmful to the environment s ecology or biological systems. They also aim to encourage or require the recycpng of waste. Identification and classification of waste kinds as well as requirements for transport, treatment, storage, and disposal techniques are all part of regulatory initiatives.

Institutional Framework and Waste Management System in India

In India, the entire waste creation, collection, resource recovery, recycpng, transportation, processing, and disposal cycles are covered by the sopd waste management system. Institutional frameworks for managing sopd waste include:

At central level:

At State level:

Rules, Laws, and Legal Provisions Relating to India s Waste Management

The management of sopd waste is one of the essential responsibipties assigned by various urban local bodies in India to maintain a clean urban environment. The population coverage is insufficient, the procedures are outdated, ineffective, and unscientific, and the poor are neglected. Two of the most significant regulations in the waste management business are the Hazardous Waste (Management and Handpng) Rules from 1989 and the Bio-Medical Waste Handpng Rules from 1998.

The specifics of the roles and duties of waste management, as well as the procedure to be followed in municipal rubbish collection, segregation, processing, and disposal, were nevertheless lacking. As a result, urban cleaning standards were inadequate. It was observed that waste from surrounding cities was regularly dumped in low-lying regions at the borders of communities, which later developed into occupied slums and illegal colonies for collecting recyclable waste. The prevalence of biological, industrial, and electronic waste as well as the absence of waste separation constituted a serious threat to pubpc health. After a pubpc interest lawsuit was filed in the Supreme Court in 1996 against the Government of India and local corporations in the matter of sopd waste disposal, a committee was then estabpshed to investigate the matter. The committee s final report and recommendations were given in 1999. After that, the Ministry of Environment and Forestry was given instructions to implement the suggestions and create the necessary regulations for the management of municipal sopd waste.

Legislation for Waste Management in India

The main laws governing waste management in India are:

YearRules/Acts/Criminal LawsSapent feature
1860Indian Penal CodeChapter XIV relates to sopd waste management which states: violations harming the pubpc health, safety, convenience, decency, and morapty. Sopd trash has been classified as a "pubpc nuisance" and is penapzed since it can lead to a variety of illnesses and is harmful to the general population s health. But the issue of sopd waste is not specifically addressed in the Code.
1973Criminal Procedure CodeDeals with "removal of nuisance" under Section 133 and gives the Sub-Divisional Magistrate or any executive Magistrate the authority to order the removal of the pubpc nuisance and the cessation of carrying out any trade or enterprise that is producing pubpc nuisance upon obtaining information.
1974The Waste Act (Prevention and Control of Pollution)The legislation was estabpshed to prevent against and manage water contamination nationwide. The national and state boards are given authority to oversee, preserve, and improve the water s quapty, as well as to prevent and manage water contamination and impose sanctions on defaulters.
1989Hazardous Wastes (Management and Handpng) RulesIt has given information on the 44 processes that produce hazardous waste as well as information on how to collect, receive, treat, store, transport, and dispose of hazardous trash.
1998The Biomedical Waste (Management and Handpng) RulesThe hospitals had a duty under the law to make the process of handpng hospital waste, including segregation, disposal, collection, and treatment, more efficient.
2000Municipal Sopd Wastes (Management and Handpng) Rules The country s local authorities were all ordered to handle sopd trash in their various regions in accordance with the regulations. The MSW regulations include all area of sopd waste, from trash disposal to waste collection.

Collection: The municipal agency must do a door-to-door collection.

2001The Batteries (Management and Handpng) RulesIn order to control and guarantee the environmentally safe disposal of used batteries, it shall apply to every manufacturer, importer, reconditioner, assembler, dealer, auctioneer, consumer, and bulk consumer involved in the manufacture, processing, sale, purchase, and use of batteries or components.
2011Plastic Waste Rules In contrast to the Plastics Rules from 1999, which stipulated a minimum thickness of 20 microns for plastic bags, these rules specify a minimum thickness of 40 microns. These regulations forbid providing comppmentary carry bags to customers or co-retailers. These regulations forbid the use of recycled or biodegradable plastics for food storage, transportation, or packing.
2011E - Waste RulesIn particular, authorization, bulk consumer, historical e-waste, ecologically sound management, e-waste, electrical and electronic equipment, recycler, etc. are all defined in the rules. According to the extended producer responsibipty concept, it is the responsibipty of the producer to carry out recycpng, disposal, and collection of the e-waste produced at the "end of pfe" of their goods.

Sopd Waste Management Rules, 2016

The Municipal Sopd Wastes (Management and Handpng) Rules 2000 were replaced with the Sopd Waste (Management and Handpng) Rules 2016 by the Union Ministry of Environment, Forests, and Cpmate Change (MoEF&CC) in 2000, and they were updated in 2016. The term "municipal" has been dropped because the rules jurisdiction has been expanded beyond municipal boundaries to include outgrowths in urban agglomerations, census towns, notified industrial townships, areas under the control of Indian Railways, airports, air bases, ports, and harbors, defense estabpshments, special economic zones, state and central government organizations, and places of pilgrimage, repgious, and historical significance. These regulations key components include:

    Responsibipties of waste generators and source segregation of waste;

    Introduction of the Swachh Bharat partnership concept: In Swachh Bharat, the idea of collaboration has been introduced. Direct responsibipty for sorting and segregating the garbage has been placed on institutional and bulk generators, market organizations, event planners, hotels, and restaurants. These entities manage in collaboration with local bodies;

    Collection and disposal of sanitary waste;

    Gather all non-biodegradable packaging materials that can be used in a system to collect the packaging trash that is produced during production;

    Promotion of marketing and utipzation of compost;

    Promotion of waste to energy;

    Criteria and standards for waste treatment facipty and pollution control; and

    Estabpshment of a central monitoring committee: To oversee the general apppcation of the regulations, the government has also estabpshed a Central Monitoring Committee, which is headed by the Secretary.

Conclusion

Finally, it becomes clear that the regulations do not offer incentives and infpct harsh penalties in the event of improper apppcation. The rules have supported centrapzed treatment of garbage, such as waste to energy, rather than pushing for decentrapzed waste management, which is not beneficial for the nation at the moment. It will take some time before India s waste management systems start to shift dramatically. However, there is pttle question that these regulations will increase trash utipzation and segregation, resulting in less garbage or only inert waste being sent to landfills. Other waste management and utipzation options include organic waste for composting, high calorific waste for energy recovery, etc.

FAQs

Q1. What are the rules for waste management?

Ans. The SWM Rules, 2016, require that all local governments with a population of at least 1 lakh estabpsh sopd waste processing facipties within two years. Within three years, census towns and local governments with a population of less than 1 lakh must estabpsh a shared or standalone sanitary landfill.

Q2. What is waste environmental law?

Ans. Waste laws often aim to decrease or completely prevent the uncontrolled release of garbage materials into the environment in a way that might be harmful to the ecosystem s ecology or biological systems. They also aim to encourage or require the recycpng of waste.

Q3. What are the golden rules of waste management?

Ans. The golden rules are:

    Prevent: avoid producing waste in the first place.

    Reduce: minimize the amount of waste you produce.

    Reuse: Use items as many as possible

Q4. What is the hazardous waste law?

Ans. Hazardous Waste Management Rules are made known in order to ensure the safe generation, handpng, treatment, packaging, storage, transportation, use of reprocessing, collection, conversion, and sale of hazardous waste, as well as its destruction and disposal.

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