ENVIONMENTAL LAW NOTES

MODULE – I
1. ENVIRONMENTAL LAW: INTERNATIONAL AND NATIONAL
PERSPECTIVE
 Environment means the natural world and the combination of living
and non-living organisms. A human being has a very close relationship
with the environment. The quality of the environment is reducing due
to the changes in the world. There were many conferences,
conventions and protocols that had been organized for the protection
of the environment. Many countries have incorporated specific
provisions relating to environment protection in their own domestic
laws. India also enacted such legislations in relation to the environment
protection and also made amendments to the existing laws.
 NATIONAL PERSPECTIVE
 The role of the Constitution of India and the Supreme Court is crucial
regarding the execution of environmental laws in India. Article 21 of the
Indian Constitution defines that “No person shall be deprived of his life
or personal liberty except according to procedure established by law.”
 Meanwhile, the scope of Article 21 got widened by the active role of the
judiciary. Article 21 includes not only the right to life, but also the right
of a pollution free environment etc. Pollution of environment,
ecological, air, water etc, must be considered as violation of Article 21.
 Article 14 guarantees right to equality, it plays a vital role in the
protection of the environment because its inquiries into the
arbitrariness of the discretionary actions done by the State authorities.
 Article 19 provides the right to freedom but such freedom should not
be a cause for the environmental pollution.
 Article 47 imposes responsibility on states to prohibit intoxicating drugs
and drinks which are injurious to health.
 With the result of the Stockholm Declaration,1972, several
amendments were made to the Indian Constitution.
 The principles of the Stockholm Declaration were incorporated in the
Constitution through the 42nd amendment. Article 48-A and 51-A(g)
were the resultant of the 42nd amendment.
 Article 48-A was included under the Directive Principles of State Policy.
It imposes an obligation on the State to protect and improve the
environment and safeguard the forests and wildlife.
 Article 51-A, a fundamental duty imposes responsibility on every citizen
to protect and improve the natural environment including forests,
lakes, rivers and wildlife and to have compassion for living creatures.
 The Indian Constitution imposes responsibility on both the Government
and the citizens to promote and protect the environment. Under the
42nd amendment, the protection of forest and wildlife were included
into the Concurrent List as entries of 17A and 17B.
 The Supreme Court and the High Court have given new interpretations
to the constitutional provisions relating to the environmental pollution.

 INTERNATIONAL PERSPECTIVE
 The study of environmental law is a study of interaction between law
and science. Great scientists and jurists have always combined to
provide a road map for knowledge that guides mankind.
 Modern science philosophy, especially after the revolution of quantum
physics, is based on the combination of science and humanism and
therefore law.
 Environmental laws are the standards that governments establish to
manage natural resources and environmental quality.

 The broad categories of “natural resources” and “environmental

quality” include such areas as air and water pollution, forests and
wildlife, hazardous waste, agricultural practices, wetlands, and land
use planning.

 In the United States, some of the more widely known environmental

laws are the Clean Air Act, the Clean Water Act, the National
Environmental Policy Act, and the Endangered Species Act.

 The body of environmental law includes not only the text of these laws
but also the regulations that implement and the judicial decisions that
interpret this legislation.

 There are many Conventions that have taken place for the
improvement and protection of the environment. Recently,
amendments were also made to some conventions and protocols. The
nations which have signed and ratified any protocol or convention must
be bound to the rules and regulations.
 The field of International Environmental Law focuses on the relationship
and agreements among the nations. Stockholm is regarded as a
watershed in the field of environment as it takes the issue of
environment with respect to national and international level of policy
and law.
 Environmental law is a complex and interlocking body of treaties,
conventions, statutes, regulations, and common law that operates to
regulate the interaction of humanity and the natural environment,
toward the purpose of reducing the impacts of human activity.

The topic may be divided into two major subjects:

1) Pollution control and remediation

2) Resource conservation and management.

 Environmental law draws from and is influenced by principles of
environmentalism, including ecology, conservation, stewardship,
responsibility and sustainability.

 Pollution control laws generally are intended (often with varying

degrees of emphasis) to protect and preserve both the natural
environment and human health.

 Resource conservation and management laws generally balance

(again, often with varying degrees of emphasis) the benefits of
preservation and economic exploitation of resources.

 From an economic perspective environmental laws may be understood

as concerned with the prevention of present and future externalities,
and preservation of common resources from individual exhaustion.

MODULE – III

1. KINDS OF FOREST PRIVATE RESERVED PROTECTED AND

VILLAGE FORESTS

1) Reserve Forest
 Reserve forest is the designated forest with many other natural areas
that enjoy judicial protection based on the legal systems.
 In reserve forest natural habitats have been given a high degree of
protection against any kind of hunting and poaching.
 These forests come under government protection. Rights to all
activities like hunting, grazing, etc. unreserved forests are banned
unless specific orders are issued. These are permanent forest estates
maintained to produce timber and other forest produce.
 As the conservation of forest and wildlife is concerned more than 50%
of the total forest land has been declared as reserved forest.
 In India, Madhya Pradesh has the largest area under permanent forest
(75% of the total forest area) followed by Jammu & Kashmir, Andhra
Pradesh, Uttaranchal, Kerala, Maharashtra, Tamil Nadu, and West
Bengal.

2) Protected Forest
 Protected forests are forests with some amount of legal and
constitutional protection in certain countries.
 Here the habitat and resident species are given legal protection against
any further depletion.
 In protected forests, sometimes the local community has got the rights
for activities like hunting and grazing as they are living on the fringes
of the forest because they sustain their livelihood wholly or partially
from forest resources or products.
 In India, the government has property rights in these forests. This was
declared by a state government under the provisions of section 29 of
the Indian forest act 1927.
 Almost 1/3 of the total forest area is declared as a protected forest by
the forest department.
 Protected forests are often upgraded to wildlife sanctuaries which may
further upgrade to national parks. In India, Bihar, Punjab, Haryana,
Himachal Pradesh, Orissa, Rajasthan have the bulk of their forest,
under-protected forest.

3) Village Forest
 Village forest is a type of forest that belongs or is controlled by villagers
around it.
 The word village refers to a community that is larger than a hamlet and
smaller than a town.
 The forest act of 1878 divided the forest into three main types. They
are classified as reserved forests, protected forests, and villages forest.
 A forest governed by local communities in a way compatible with
sustainable development in India is called a “Common Important
Forest”. Such forests are commonly called the village forest or
panchayat forest.
 The administration and resource use of the forest takes place at the
village or panchayat level. The administration of such forests is done
by hamlets, villages, and communities of villages.
 A locally elected body undertakes the responsibility of the
management of such community forest and they are called the Forest
Protection Committee, Village Forest Committee, or the Village Forest
Institution.
 The village forest is guarded by the villagers. They are also allowed to
stay in reserved forests on the condition that they will work free of cost
for the forest department in cutting and transporting trees and
protecting the forest from fire. In addition to it, they were not allowed
to take anything from the forest for their personal use.

4) Private Forest
 A private forest (also private woodland or private wood) is a forest that
is not owned by municipal authorities (such as a corporate forest),
church authorities or the state (e.g. a state forest or national forest).
 It can refer to woodland owned by a natural or juridical person or
a partnership.
 It is the forest which is planted, nurtured or conserved in any private
land.
 According to the Food and Agriculture Organization of the United
Nations, private forests are defined as forests owned by individuals,
families, communities, private co-operatives, corporations and other
business entities, religious and private educational institutions, pension
 or investment funds, NGOs, nature conservation associations and other
private institutions.

2. PROTECTION OF SPECIFIED PLANTS

 Prohibiting the uprooting, picking, damaging, destroying, collecting, or
acquiring of specified plants from forest land or protected areas
 Prohibiting the cultivation, dealing in, or possession of specified plants
without a license
 Requiring the declaration of stocks of specified plants to the Chief Wild
Life Warden or other authorized officer
 Granting permission for the uprooting or collection of specified plants
for specific purposes, such as education, scientific research, or
preservation in an herbarium.

MODULE – IV

1. ENVIRONMENTAL LEGISLATION AND INTERNATIONAL REGIME

 International environmental regimes—especially those regimes
articulated in multilateral environmental agreements—have been a
subject of intense interest within the scientific community over the last
three decades.
 However, there are substantial differences of opinion regarding the
effectiveness of these governance systems or the degree to which they
are successful in solving the problems leading to their creation.
 Failures to tackle environmental problems effectively, much less to
achieve sustainability in human–environment relations, are common
not only in societies facing severe problems of poverty and hunger or
saddled with the curse of natural resources but also in advanced
industrial societies.
 Although efforts to address the grand challenges of climate change,
loss of biological diversity, and degradation of ecosystem services
leave a great deal to be desired, international environmental
governance does not present a uniform picture of failure.
 Some international environmental governance systems or as they are
commonly called, international regimes are successful in the sense that
they contribute to solving international problems.
 Arrangements widely regarded as effective in these terms include the
regime created to protect the stratospheric ozone layer, the
governance system applicable to Antarctica, and the multilateral
arrangement established to clean up the Rhine River.
 The lack of efficacy or relative failure of other regimes created to deal
with large-scale environmental problems is equally evident. Prominent
examples include the climate regime, the arrangement created to
combat desertification, and some (but not all) of the regional fisheries
management regimes.
 Many regimes fall between these polar categories. They achieve a
measure of effectiveness, although it is often hard to place them
precisely along a continuum ranging from total failure to clear-cut
success.
 Cases that fit this description include the regime dealing with pollution
of the sea from ships, the regime focusing on pollution in the North
Sea, the regime governing trade in endangered species, and the
regime articulated in the Great Lakes Water Quality Agreement.
 Environmental legislation refers to the body of laws, regulations, and
policies aimed at protecting the environment, conserving natural
resources, and addressing issues such as pollution, biodiversity loss,
and climate change.
 On a national level, governments enforce laws like the Clean Air Act or
Water Pollution Control Acts, while at the international level, various
treaties and agreements play a critical role.
 The international regime includes frameworks like the Paris Agreement,
which focuses on climate change mitigation, and the Convention on
Biological Diversity, aimed at conserving ecosystems and species.
 These international mechanisms are facilitated by organizations such
as the United Nations, which brings countries together to address
global environmental challenges.
 However, the effectiveness of these regimes often depends on political
will, cooperation, and the alignment of national policies with global
goals.
 The integration of international regimes with local enforcement is
crucial to achieving sustainable development and addressing
transboundary environmental issues.

2. THE NATIONAL APPLELLATE ENVIRONMENTAL AUTHORITY ACT,

1997 (OBJECT OF THE ACT)
 The National Environment Appellate Authority Act came in to force on
the 30th day of January 1997.
 As Environment degradation increased in India by many disasters,
Supreme Court of India and Indian Government felt the need for setting
up of environmental Courts to look in to the matters relating to
environmental issues as damages caused to the environment.
 An Act enacted for the establishment of a National Environment
Appellate Authority to hear appeals with respect to restriction of areas
and to deal with the matters prevails under the Environment
(Protection) Act, 1986 and for matters connected therewith.
 National Environment Appellate Authority Act, 1997 comprised of 23
Sections in brief which deals with the Constitution of Appellate
Authority and matters relating to the power’s functions of members,
Central Government to perform the functions established a body under
Section 3 of the Act called as National Environment Appellate Authority.
 Authority has it head office at Delhi and consists of a Chairperson, a
Vice-Chairperson, and three other members, all the members of the
Appellate Authority are duly appointed by the President as specified
under Section 5 (4) and comes within purview of public servants as
specified in Section 21 of Indian Penal Code.
 The Chairperson, a Vice-Chairperson and other members of the
Appellate Authority holds office for the term of three years from the
date when the members enter in to an office and they shall be eligible
for the re-appointment as prescribed under Section 7 of Act.
 Any member of the Appellate Authority can resign the office at any
time by writing it to the president and president can remove any
person from office if the member proved by misbehaviour as specified
in Section 8.

3. UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE

CHANGE
 The United Nations Framework Convention on Climate
Change (UNFCCC) is the UN process for negotiating an agreement to
limit dangerous climate change.
 It is an international treaty among countries to combat
"dangerous human interference with the climate system".
 The main way to do this is limiting the increase in greenhouse gases in
the atmosphere.
 It was signed in 1992 by 154 states at the United Nations Conference
on Environment and Development (UNCED), informally known as
the Earth Summit, held in Rio de Janeiro.
 The treaty entered into force on 21 March 1994.
 "UNFCCC" is also the name of the Secretariat charged with supporting
the operation of the convention, with offices on the UN Campus in
Bonn, Germany.
 The convention's main objective is explained in Article 2. It is the
"stabilization of greenhouse gas concentrations in the atmosphere at a
level that would prevent dangerous anthropogenic [i.e., human-caused]
interference with the climate system".
 The treaty calls for continuing scientific research into the climate. This
research supports meetings and negotiations to lead to agreements.
 The aim is to allow ecosystems to adapt to climate change. At the
same time, it aims to ensure there are no threats to food
 production from climate change or measures to address it. And it aims
to enable economic development to proceed in a sustainable manner.
Armen Sarkissian attends the 2021 United Nations Climate
Change Conference
 The UNFCCC's work currently focuses on implementing the Paris
Agreement. This agreement entered into force in 2016. It aims to limit
the rise in global temperature to well below 2 °C (3.6 °F) above levels
before the Industrial Revolution, and even aiming to hold it at 1.5 °C
(2.7 °F). The Paris Agreement superseded the UNFCCC's Kyoto
Protocol which had been signed in 1997 and ran from 2005 to 2020.
 By 2022, the UNFCCC had 198 parties. Its supreme decision-making
body, the Conference of the Parties (COP), meets every year. Other
meetings at the regional and technical level take place throughout the
year. The Paris Agreement mandates a review or "global stocktake" of
progress towards meetings its goals every five years. The first of these
took place at COP28 in the United Arab Emirates (UAE) in 2023.

4. RECENT INTERNATIONAL DEVELOPMENTS

1) Study finds ozone layer "on track" for recovery
The ozone layer, which protects the Earth from ultraviolet radiation, is
on track to recover within the next four decades, revealed a
report from several scientific organizations, including UNEP.
The Scientific Assessment of Ozone Depletion – 2022 found the
planet’s sun shield could reach 1980 values over Antarctica by 2066
and over the Arctic by 2045.
Experts attributed the rebound to the Montreal Protocol, a planet-wide
agreement adopted in 1987 to phase out many ozone-depleting
chemicals. A 2016 amendment is also helping to rein in a series of
powerful greenhouse gases and could avoid up to 0.5°C of global
warming by 2100, the report found.
2) Fight for climate justice gains steam
The United Nations General Assembly adopted a resolution that many
advocates hailed as an important step in the campaign for climate
justice.
Spearheaded by the cyclone-wracked nation of Vanuatu, the resolution
asks the International Court of Justice for an opinion on whether
countries have a legal duty to address climate change and what the
legal consequences of climate inaction could be. Experts say the
court’s opinion, which is pending, would not be legally binding but
would carry moral authority and some legal weight.
The resolution came as a growing number of people around the world
turned to courts to compel governments and businesses to act on
climate change. A UNEP study, released later in the year, found
climate-related lawsuits have more than doubled since 2017.
3) Nations band together to protect freshwater sources
 UNEP and several partners launched the Freshwater Challenge, which
aims to safeguard and revive 300,000km of rivers and 350 million
hectares of wetlands around the world by 2030. That would make it the
largest wetland and river restoration effort in history. Some 43 nations
joined the push in 2023, including many at the United Nations Climate
Change Conference (COP28), whose presidency cited the Freshwater
Challenge as a key outcome of the summit. Sources of freshwater are
under increasing pressure from climate change, pollution and other
stressors. One-third of the world’s wetlands have been lost over the
past 50 years, while rivers and lakes are the most degraded
ecosystems in the world.
4) World marks inaugural International Day of Zero Waste
Countries around the world celebrated the first International Day of
Zero Waste, a global call for humanity to better manage waste and
build more circular economies.
The day was led by UNEP and UN Habitat with support from Türkiye,
and featured an address from UN Secretary General António Guterres.
“Humanity is treating our planet like a garbage dump,” he warned. “It’s
time to fight back and launch a war on waste.”
More than 2 billion tonnes of municipal solid waste is generated
annually, of which 45 per cent is mismanaged. Up to 4 billion
people lack access to controlled waste disposal facilities.

SHORT NOTES
1. ENVIRONMENT AUDIT REPORT
 An environmental audit report is a document that summarizes the
results of an environmental audit, which is a systematic evaluation of
an organization's environmental performance:
 An environment audit report is a comprehensive document that
assesses an organization's adherence to environmental laws,
regulations, policies, and best practices.
 This report aims to identify areas of compliance and non-compliance,
highlight environmental risks, and recommend corrective measures.
 An environmental audit report is a detailed document that evaluates an
organization's compliance with environmental laws, regulations, and
internal policies, while assessing its environmental performance and
sustainability practices.
 The report identifies areas of compliance, highlights risks of non-
compliance, and provides actionable recommendations to improve
environmental management.
 Typically, it covers aspects such as energy usage, waste management,
water conservation, air quality, and pollution control. It includes an
executive summary, a regulatory compliance review, performance
assessments, and an impact analysis, supported by data and evidence.
 The primary goal of an environmental audit report is to ensure legal
adherence, mitigate environmental risks, improve sustainability efforts,
and enhance transparency with stakeholders.
 It serves as a vital tool for identifying gaps, mitigating liabilities, and
fostering continuous improvement in environmental performance.

2. OLEUM GAS LEAK CASE

 Background- The Oleum Gas Leak Case took place between MC Mehta
and Union of India in 1985, one year after the Bhopal Gas tragedy.
Mehta argued that Shriram Industries, which was situated in a densely
populated area in Delhi, should be closed after it leaked petroleum gas
on 4th and 6th December.
Facts of the Case-
 M.C. Mehta, a social activist lawyer, filed a writ petition for the
closure of Shriram Food and Fertiliser Industry, arguing that its
location posed a significant risk to public safety.
 The Assistant Commissioner of Factories and the Inspector of
Factories issued two orders to shut down the plant under the
Factories Act (1948) on 7th and 24th December.
Judgements- The court acknowledged the role of these hazardous
industries in economic development and job creation. For instance,
these industries produce chlorine, which is used for water disinfection.
The court's final decision was to relocate such factories to less
populated areas to minimise the risk to human life. The court also
recommended that the government develop a national policy for the
location of such hazardous plants and ensure that they do not pose a
risk to the community.

3. ENVIRONMENT IMPACT ASSESSMENT

 An Environmental Impact Assessment (EIA) is a systematic process
used to evaluate the potential environmental, social, and economic
impacts of a proposed project or development before it begins.
 It aims to predict how the project might affect the environment,
including air, water, land, biodiversity, and local communities, and
recommends measures to mitigate any adverse effects.
 The EIA process involves several key stages, such as screening to
determine whether an EIA is required, scoping to identify significant
environmental concerns, impact analysis to predict and evaluate
potential effects, and the development of an Environmental
Management Plan (EMP) to outline mitigation strategies.
 Public consultation and stakeholder engagement are integral to the
process, ensuring transparency and inclusivity.
 By identifying potential risks and suggesting preventive measures, EIA
helps decision-makers balance developmental needs with
environmental sustainability, fostering responsible development while
protecting ecosystems and community well-being.
 It is a critical tool for sustainable planning, ensuring that projects
contribute positively to long-term environmental health and socio-
economic stability.

4. GREEN HOUSE EFFECT

 The greenhouse effect is a natural process that warms the Earth's
surface and maintains temperatures conducive to life.
 It occurs when certain gases in the Earth's atmosphere, known as
greenhouse gases (GHGs), trap heat radiating from the planet's
surface.
 These gases include carbon dioxide (CO₂), methane (CH₄), water vapor
(H₂O), nitrous oxide (N₂O), and ozone (O₃). Sunlight enters the Earth's
atmosphere, warming the surface, which then emits infrared radiation
back toward space.
 Instead of allowing all this heat to escape, greenhouse gases absorb
and re-radiate it, effectively acting like a thermal blanket around the
planet.
 While the greenhouse effect is essential for sustaining life, human
activities such as burning fossil fuels, deforestation, industrial
processes, and agriculture have significantly increased GHG
concentrations, amplifying the effect and causing global warming.
 This enhanced greenhouse effect leads to rising temperatures, melting
polar ice, sea level rise, extreme weather events, and disruptions to
ecosystems. Addressing this issue requires reducing greenhouse gas
emissions, transitioning to renewable energy, and adopting sustainable
practices globally.

5. RATLA MUNICIPLALITY CASE

 The facts in the current case : pertain to Ratlam city in Madhya
Pradesh where the residents faced issues due to pungent smell
emanating from open drains. One major cause was the overflow of
remains from the distilleries from the drains which could create a
 health hazard for the public. Incidents of open defecation were also
reported due to lack of toilets and presence of slums in the area.
In light of the given circumstances, the residents approached the
executive magistrate to deal with the problem. Accordingly, the
magistrate passed an order directing the municipality to chart out a
plan/programme to remove the drain and construct proper ones along
with latrines to avoid open defecation within 6 months’ time.
However, the municipality displayed inability to comply with the order
due to lack of funds and the matter came before this hon’ble court.
Justice Krishna Iyer identified the provisions in the IPC and CrPC
relating to the law of public nuisance and interpreted them in the
current case.

Firstly, as far as the statutory obligation goes, the municipality cannot

shy away from its responsibility in violation of its rule book/legislation
which puts a positive duty on it. Secondly, the court considered the
aspect of public nuisance in contravention of Section 133. of CrPC.

Section 133. to S.143 of CrPC are unique provisions which lay down
procedural as well as substantive law. They are also called “summary
remedies”. Section 133. lay down the powers of Magistrate/Sub Div.
Magistrate along with the process where a “conditional order” can be
given. For instance, one can really compel a police officer to take
action which can be passed on to the magistrate who issues show
cause notice as to the reason asking the violator why the conditional
order shouldn’t be passed. He needs to appear before the magistrate
for the same. This order can be subsequently vacated (if compiled
with) otherwise can be made permanent.

A public authority’s direction cannot be defied and if not followed is

punishable u/s 188 of the IPC 1860. S.188 of the IPC, mandates the
satisfaction of following ingredients to constitute a violation,

1. A lawful order promulgated by an authority/public servant

2. Knowledge of the order
3. Disobedience of that order
4. Result likely to follow due to disobedience of such order

6. ECO-LABELING SCHEME
 An eco-labelling scheme is a voluntary certification system that
identifies and promotes products or services that meet specific
environmental performance standards throughout their life cycle. It
aims to provide consumers with transparent information about the
 environmental impact of their choices, encouraging sustainable
consumption and production.
These schemes are governed by national or international standards
and cover a wide range of products, including food, clothing,
electronics, and construction materials. Eco-labels evaluate criteria
such as resource efficiency, energy consumption, water usage, waste
management, and pollution levels.
By promoting environmentally friendly products, eco-labelling schemes
incentivize businesses to adopt sustainable practices and reduce their
ecological footprint, ultimately contributing to global sustainability
goals.
1) Purpose: Encourages sustainable consumption and production. Helps
consumers make informed choices by identifying eco-friendly products.
2) Voluntary Certification: Businesses participate on a voluntary basis.
Certification is based on adherence to specific environmental
standards.
3) Criteria: Focus on factors such as energy efficiency, resource
conservation, waste reduction, and reduced environmental impact.
4) Life Cycle Assessment: Considers the environmental impact of a
product throughout its life cycle, from raw material extraction to
disposal.
5) Examples of Eco-Labels: Energy Star (energy-efficient appliances).
FSC (Forest Stewardship Council) (sustainable wood and paper
products). EU Ecolabel (wide range of sustainable products in Europe).
6) Benefits: Promotes environmentally sustainable practices among
businesses. Builds trust with environmentally conscious consumers.
Reduces environmental degradation and supports conservation efforts.
7) Global Standards: Aligns with international frameworks like ISO
14024 for environmental labelling.
Eco-labelling serves as a powerful tool for driving market demand
toward sustainability while fostering corporate accountability and
environmental stewardship.

7. SOLID WASTE MANAGEMENT RULES OF 2016

 The Solid Waste Management Rules, 2016, notified by the

Government of India, provide a comprehensive framework for the
effective management and handling of solid waste to reduce
environmental and health hazards. These rules apply to all waste
generators, including residential areas, industries, commercial
establishments, and local authorities. They emphasize segregation of
waste at the source into biodegradable, non-biodegradable, and
domestic hazardous waste.
1) Segregation at source
The new rules have mandated the source segregation of waste in order
to channelise the waste to wealth by recovery, reuse and recycle.
Waste generators would now have to know segregate waste into three
streams- Biodegradables, Dry (Plastic, Paper, metal, Wood, etc.) and
Domestic Hazardous waste (diapers, napkins, mosquito repellents,
cleaning agents etc.) before handing it over to the collector.
2) Collection and disposal of sanitary waste
The manufacturers 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.
3) 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.
4) 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.
5) Waste processing and treatment
As per the new rules, it has been advised that the bio-degradable
waste should be processed, treated and disposed of through
composting or bio-methanation 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.
6) Promotion of waste to energy
In a not-so welcoming move, the SWM Rules, 2016 emphasise
promotion of waste to energy 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 5
per cent of their fuel requirement by RDF so produced.