Solid industrial waste management & law - MBA project report

SUBMITTED BY:
WMP 11001 Aditi Srivastava
WMP 11002 Aditya Kumar
WMP 11003 Alok Goel
WMP 11033 Pranav Pahwa
Note – This document is highly confidential and is not meant to be circulated without prior
written permission from the above authors.
Solid Industrial Waste
Management and Law
Legal Aspects of Management (LAM) Project Report

1
SolidIndustrialWasteManagementandLaw|WMP11
Solid Industrial Waste Management and Law
Legal Aspects of Management (LAM) Project Report
CONTENTS
S.No. Contents Page
1. Introduction 2
2. Status of the problem : local, national & International 3
3.
Adequacy of Legal and regulatory measures adopted to control
and prevent the problem
8
4.
Effectiveness of Enforcement mechanism to deal with the problem/
implementation realties
19
5.
Judicial Approaches to deal with problem with the help of High
Courts and Supreme Court Judgments
20
6. Role of NGOs/Civil Society Groups 28
7. Conclusion & Suggestions 30
8.
How and to which extent the project is relevant for you as a
potential global business manager / entrepreneur/ decision maker
32

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1. Introduction
Rapid industrialization, urbanization and rise in living standards of people is most
commonly associated with the problem of environmental pollution. For developing
countries, industrialization is a necessity and demands to build self-contained uplifting of
nation’s economy. However, industrialization on the other hand has also caused serious
problems relating to environmental pollution. Therefore, wastes seem to be a by-product
of growth.
With increasing demand for raw materials for industrial production, the non-renewable
resources are diminishing day-by-day. Therefore, efforts are to be made for controlling
pollution by conversion of these unwanted wastes into functional raw materials for
constructive use. Disposal of industrial solid waste is concomitant to lack of
infrastructural facilities and negligence of industries to take proper safeguards. Studies
show that the large and medium industries located in recognized industrial areas still
have some arrangements to dispose solid waste.
The problem continues with small scale industries. There are no regulatory measures in
these industries find it easy to dispose waste illegally which makes it difficult for local
bodies to collect such waste. In some cities, industrial, residential and commercial areas
are mixed and thus all waste gets intermingled. Therefore, it becomes necessary that
the local bodies along with State Pollution Control Board (SPCB) work out requisite
strategy for organizing proper collection and disposal of industrial solid waste.
Management of Industrial Solid Waste (ISW) is not the responsibility of local bodies.
Industries generating solid waste have to manage such waste by themselves and are
required to seek authorizations from respective State Pollution Control Boards (SPCBs)
under relevant rules. However, through joint efforts of SPCBs, local bodies and the
industries, a mechanism could be evolved for better management.
1.1. Why regulations are needed to manage industrial solid
waste?
1.1.1. Protecting human health and the environment - Regulations are needed to
promote sound industrial waste management that protects human health and the

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environment. Multi-media approach is used which emphasizes surface-water,
ground-water, and air protection, and presents a comprehensive framework of
technologies and practices that make up an effective waste management
system.
1.1.2. Tailoring management practices to risks - There is enormous diversity in the
type and nature of industrial waste and the environmental settings in which it is
managed. Regulations provide a framework along which industries could align
themselves to manage solid waste.
1.1.3. Affirming state and community leadership - States, communities, and some
local governments have primary responsibility for adopting and implementing
programs to ensure proper management of industrial waste. Individual states or
communities might have more stringent or extensive regulatory requirements
based on local or regional conditions or policy considerations. Facility managers
and the public should consult with the appropriate regulatory agency throughout
the process to understand regulatory requirements.
2. Status of the problem: local, national & international
2.1. Local and National Problems
Some of the key factors in assessing industrial solid waste management problem
greatly varies depending on the nature of the industry, their location and mode of
disposal of waste. Consecutively, for arriving at an appropriate solution for better
management of industrial solid waste, valuation of nature of waste generated is also
essential.
Industries are required to collect and dispose of their waste at specified disposal sites
and such collection, treatment and disposal is required to be monitored by the
concerned State Pollution Control Board (SPCB) or Pollution Control Committee (PCC)
in Union Territory.

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The following problems are generally encountered in cities and towns while dealing with
industrial solid waste:
 No specific disposal sites for industries to dispose their waste;
 Small scale industries generating solid waste in city and town do not seek
consents of SPCBs/PCCs ;
 Industries are located in non-conforming areas and as a result they cause water
and air pollution problems besides disposing solid waste.
 No adequate facilities for Industrial estates located in city which limits them to
organize their collection, treatment and disposal of liquid and solid waste;
 There is no regular interaction between urban local bodies and SPCBs/PCCs to
deal such issues relating to treatment and disposal of waste and issuance of
licenses in non-conforming areas
 The major issues of concern for hazardous wastes in India are import, illegal
dumping sites and in-complete data on generation and disposal of hazardous
wastes in the country. Industrial incinerators in use are generally not efficient and
are merely a combustion chamber and source of emission of dioxins and furans.
 Hazardous wastes are considered very harmful to man and environment. These
wastes pose a severe environmental hazard to the human health and to various
components of environment, viz. soil, air or water12.
2.1.1. Industrial Solid Waste in India
Predominant initiators of industrial solid wastes are the thermal power plants producing
coal ash, the integrated Iron and Steel mills producing blast furnace slag and steel
melting slag, non-ferrous industries like aluminum, zinc and copper producing red mud
and tailings, sugar industries generating press mud, pulp and paper industries
producing lime and fertilizer and allied industries producing gypsum.

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Table 1: Source and Quantum of generation of some major industrial waste (R.1)
S.No. Name
Quantity
(million
tonnes/
annum)
Source/Origin
1
Steel and Blast
furnace
35
Conversion of pig iron to steel and manufacture
of Iron
2 Brine mud 0.02 Caustic soda industry
3 Copper slag 0.0164 By product from smelting of copper
4 Fly ash 70 Coal based thermal power plants
5 Kiln dust 1.6 Cement plants
6 Lime sludge 3
Sugar, paper, fertilizer tanneries, soda ash,
calcium carbide industries
7
Mica scraper
waste
0.005 Mica mining areas
8 Phosphogypsum 4.5 Phosphoric acid plant, Ammonium phosphate
9 Red mud/ Bauxite 3 Mining and extraction of alumina from Bauxite
10
Coal washery
dust
3 Coal mines
11 Iron tailing 11.25 Iron Ore
12
Lime stone
wastes
50 Lime stone quarry
2.2. International Problems (North America)
Industrial pollution and waste pose potential threats to human and ecological health if
not properly managed. The concerns range from toxic effects on fetuses and children to
the health implications of low-level exposures to multiple pollutants and the degradation
of habitats and ecosystems. These concerns do not stop at the borders, because some
pollutants can travel long distances and waste is shipped to recycling and disposal sites
across political boundaries.

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2.2.1. Health and Environment
The pollution and waste tracked through Pollutant Release and Transfer Registers
(PRTRs) and regulated by environmental laws in North America are those the national
governments have identified as raising concerns about human health or the
environment. The effects of certain toxic chemicals on the health and development of
children and other vulnerable groups are of a special concern.
Researchers describe “windows of vulnerability” during fetal and child development in
which toxic exposures can have particularly devastating effects. Although the traditional
focus has been on overt health effects such as cancer, scientists are increasingly
worried about the more subtle effects of low-level toxic exposures, such as impairments
in endocrine and neurological functions. (R.2)
2.2.2. Long-range Transport
Since pollutants travel through the air and water to cross national borders and wastes
are shipped across borders for recycling, Industrial pollution and waste disposal
become critically important in the North American context. The deposition of persistent
contaminants in the distant north, in locations far from industrial sources, attests to the
ability of pollutants to travel far from their points of origin. The industrial pollution and
waste released into rivers or water bodies that span political boundaries, such as the
Great Lakes and the New River which runs from Baja California into California, is also a
shared concern, especially the effects of persistent bio-accumulative toxic substances
(PBTs). (R.3)
2.2.3. Waste Management
Municipal waste incineration, medical waste incineration, burning of hazardous wastes
in cement kilns and backyard waste burning were among the top sources of dioxins,
according to US and Canadian inventories. Dioxins, like some other PBTs, can be
dispersed long distances by air currents and other environmental pathways and tend to

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settle in colder regions. Therefore, decisions on how to manage wastes have
environmental implications
Many factors influence the waste management decisions. Few of them are:
(i) The regulatory requirements governing the management of hazardous wastes c.
For example, such regulations may inhibit recycling by facilities because of
concerns about higher compliance costs.
(ii) Jurisdictional differences in regulatory requirements, in addition to differentials in
waste management pricing, can also influence decisions about where and how
wastes are managed. Whatever the differences, it is true that North American
companies ship hundreds of thousands of tons of hazardous waste each year
between Canada, Mexico and the United States.
(iii)When wastes are sent to other jurisdictions for recycling, treatment or disposal,
the waste shipments must be transported along roads and railways and through
populated areas before reaching their final destinations.
2.2.4. Economic Costs
Wasted lead to inefficiency in industrial production apart from the potential effects on
humans and the environment:
(i) Wastes impose costs on facilities; they must pay for waste management,
regulatory compliance and underutilized material inputs.
(ii) From a societal perspective, the economic costs include paying for cleaning up
contaminated sites, regulating waste-generating industries and ensuring
medical treatment for the adverse effects of environmental exposures.
(iii) The nonmonetary costs include the depletion of nonrenewable resources,
consumptive land use and degradation of ecosystems.
(iv) Companies and jurisdictions are increasingly striving to decouple waste
generation from economic productivity.

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(v) PRTR data demonstrate that facilities undertaking pollution prevention activities
are able to reduce their wastes faster than those who do not.
(vi) Reducing waste does not require reducing economic activity. California has the
largest subnational economy in North America, but ranks thirtieth among states
and provinces in total releases of toxic chemicals. (R.4)
3. Adequacy of Legal and regulatory measures adopted to
control and prevent the problem
3.1. The Environmental Protection Act Enacted in 1986
The Environment Protection Act aims to establish a sufficient protection system for the
environment. It gives the power to the central government to regulate all forms of waste
and to tackle specific problems that may present themselves in different regions of
India. It is the primary legislation that must be considered and contains important
provisions concerning the Environment. The following provisions are the rules which are
of relevance to Companies aiming to undertake an industrial process in India: (R.5)
3.1.1. Harm to the Environment
The primary prohibition, which echoes the Constitutional provision prohibiting harm to
the environment, is contained in Section 7 which establishes that,
No person carrying on any industry, operation or process shall discharge or emit or
permit to be discharged or emitted any environmental pollutants in excess of such
standards as may be prescribed.
3.1.2. Information on Accidents and Spillages
Section 9 concerns the furnishing of information in the case of accidental spillages:
Thus where any environmental damage occurs is foreseen to occur due to any accident
or other unforeseen act or event, there is a duty on the person who is either responsible
for the discharge or the place where such discharge occurs to prevent or mitigate the

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environmental pollution caused as a result of such discharge. He must immediately
inform the authorities or agencies. If called upon, he shall be bound to offer assistance
to said authorities.
3.1.3. Polluter Pays Principle
Section 9(3) also contains an embodiment of the ‘Polluter-Pays’ principle, since it
explains that the expenses and any interest accrued may be recovered by the Authority
together with interests arising from the date of violation. This concept of ‘continuing’
punishment is an important one, since it establishes harsh penalties for the state of
continuation. The punishment laid down for the is imprisonment for a term which may
extend to five years and a fine of up to `100,000 and the possibility of an additional fine
of `5,000 for every day where the offence is continued
3.1.4. Lifting of the Corporate Veil
Of relevance to companies are the provisions on the ‘lifting of the corporate ‘veil’. Thus,
where an environmental offence is committed with the consent or connivance of any
director, manager or secretary or other officer of the company, then owing to such
involvement – the above mentioned persons may also be held liable for offences
committed by the company. This is an important concept in Environmental Law and
company officials should be aware of the fact that the mere fact of the offence being
committed in the name of the company is not enough to exclude them from being
prosecuted.
3.2. The Environmental Protection Rules
Known as the ‘Environmental Protection Rules 1986’, these regulations were drawn up
by the government under the powers conferred on it in terms of the Environment
Protection Act 1986, as discussed above. They allow the government to give more
detailed direction on a specific topic. This detailed direction may be changed without the
necessity of having to amend the principal Act. Companies should be aware of any

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changes affected to the regulations and therefore, are advised to be aware of legislative
developments in this regard.
The first provision of concern to companies and factories is that contained in Section 3
which discusses Standards for emissions or discharge of environmental pollutants. It
refers to the standards laid down the standards for emission or discharge of
environmental pollutants from the industries. In this regard it is important to note that a
one year period for compliance is laid down with the standards, however, this may be
shortened to a lesser period by the Central Board or State Board.
Again, companies must concern themselves with the obligation under Rule 13 which
states that where an unforeseen accident or event results in the causing of
environmental pollution – in excess of the prescribed standards, then the person in
charge of the place at which such discharge occurs shall inform the authorities
prescribed by the act. The authorities to be informed are the officer-in-charge of
emergency or disaster relief operation in a district or other region of a state or Union
Territory. A number of sub-standards are laid down and these will be listed below.
These fall within the ambit and control of the Environmental Protection Rules. (R.6)
3.3. The Hazardous Wastes (Management, Handling and
Transboundary Movement) Rules, 2008
The Management of Hazardous Waste is a complex set of rules which together
combine to form the legal regime. Given the vast amount of rules available, the most
important regulations will be considered below. These will be examined in their own
right before and an outline of the main obligations for persons, enterprises or companies
will be detailed.
The Rules establish the responsibility for the safe and environmentally sound handling
of environmental waste by any ‘occupier’ of hazardous waste. An occupier is a person
who has under his charge, any plant or factory producing hazardous waste or who holds
hazardous waste. ‘Recycling’ is defined as reclamation or reprocessing of hazardous
waste in an environmentally sound manner for the original purpose or for other
purposes. ‘re-use’ means the use of a hazardous waste for a purpose of its original use

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or other use. Hazardous waste held by an ‘occupier’ must be sent or sold to a recycler
or re-processor who is authorized to dispose of it in the proper manner. Furthermore, in
any handling of hazardous waste, the said holder or person in charge of it must take all
the steps necessary to contain contaminating substances and prevent harmful effects
on human health and the environment. Furthermore, the necessary training and
equipment must be provided to persons who are working on a site that involves
hazardous waste. A person engaged in the generation, processing, treatment, package,
storage, transportation, use, collection and destruction, conversion, offering for sale and
any occupier must obtain an authorization from the State Pollution Board. (R.7)
3.3.1. Storage
The occupiers, recyclers, reprocessors, reusers and operators of facilities may store the
hazardous waste for a period of up to 90 days16 and records of sale, transfer, storage,
recycling and reprocessing of such wastes shall be made available for inspection.
3.3.2. Recycling, Reprocessing and Reuse of Hazardous
Waste
Any person wishing to recycle or reprocess any waste as listed in Annex III must make
an application by submitting the appropriate Form 5 as found in the Rules. 17 The
following documents are also necessary:
(i) Consent to establish granted by the State Pollution Control Board
(ii) Certificate of registration issued by the District Industries Centre or any
other government agency in this regard
(iii) Proof of installed capacity of plant and machinery issued by the District
Industries Centre or any other Government Agency in this behalf
(iv) In the case of renewable, certificate of compliance of effluent, emission
standards and treatment and disposal of hazardous wastes as applicable,
from the State Pollution Control Board and the relevant Zonal Office of
Central Pollution Control Board

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3.3.3. Sale or Transfer of Hazardous Waste for Recycling
Any occupier of waste as defined above, may only sell or transfer it to a recycler having
a valid registration from the Central Pollution Control Board.
3.3.4. Use of Hazardous Waste for the Purpose of Energy
The use of hazardous waste as a resource for energy recovery may similarly only be
carried out by the units after obtaining approval from the Central Pollution Control
Board.
3.3.5. Import or Export of Hazardous Waste
India is a signatory to the Basel Convention. Therefore, the Transboundary shipment of
hazardous waste as it is termed is regulated by the Convention. The Waste
Management regime, reflect this reality. Import of hazardous waste is legally prohibited
in India. This being said the import may be allowed for the purpose of recycling or
recovery or reuse. The export of hazardous waste may be allowed to an actual user of
the wastes or operator of a disposal facility with the Prior Informed Consent of the
Importing Country to ensure environmentally sound management of the hazardous
waste in question.
3.3.6. Importing and exporting of Hazardous Waste for
Recycling, Recovery or Reuse
Importing of Hazardous Waste for disposal is prohibited in India. The only purpose for
which import may be allowed is for purpose of recycling, recovery and reuse. Different
procedures are applicable before hazardous waste may be imported for the purpose of
recycling, recovery or reuse. References to the Annexes are necessary in this regard.

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3.3.7. Export
Any person intending to export hazardous wastes as detailed in the above annexes
must complete the relevant Forms found in the final sections of the Section. Forms 7
and 8 must be completed together with full cover insurance policy for consignment to
the Central Government together with the necessary ‘Prior Informed consent’ in writing
from the importing country.
A ‘No Objection Certificate’ for the proposed export, granted by the Central Government
of the importing country and forwarded to the Central Pollution Board and the
concerned State Pollution Control Board and the concerned Port and Customs
authorities for ensuring compliance of the conditions, if any, of the export and to take
appropriate steps for the safe handling of the waste shipment. The exporter must
ensure that no export is effected without this clause. Furthermore, the movement
document, detailed in Form 9 must accompany the shipment. The exporter shall inform
the Ministry of Environment and Forest upon completion of the trans-boundary
movement of waste. Furthermore, the exporter of the hazardous waste shall maintain
the records of the hazardous waste exported by him in Form 10. These shall be
available for inspection.
3.3.8. Import
A person intending to import or transit hazardous waste indicated in the Annexes above
shall apply by means of completion of Forms 7 and 8. This must be submitted to the
Central Government of the proposed import together with the Prior Informed Consent.
Simultaneously, a copy must be sent to the concerned Pollution State Control Board to
enable them to send their comments, if any, to the Ministry of Environment and Forests.
It is then the Ministry of Environment and Forests that examines and grants the
application. This is subject to the condition that the importer has:
(i) The environmentally sound recycling, recovery or reuse facilities
(ii) Adequate facilities and arrangement for treatment and disposal of wastes
generated; and

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(iii) Valid registration from the Central Pollution Control board and proof of
use, if required.
Any importer must note that records of the hazardous waste imported by him
must be maintained as indicated in Form 10 to the Act. These forms must be
made available for inspection.
3.3.9. Treatment, Storage and Disposal Facility for
Hazardous Wastes
Any persons wishing to operate a ‘facility’, which is any establishment wherein the
processes incidental to the handling, collection, reception, treatment, storage and
recycling, recovery, reuse and disposal of hazardous wastes are carried out, must
design and set up the Treatment, Storage and Disposal Facility in compliance with the
technical guidelines issued by the Central Pollution Control Board. Approval from the
State Pollution Control Board for design and layout in this regard from time to time is
necessary.
The operator of the Treatment, Storage and Disposal Facility shall be responsible for
safe and environmentally sound operation of the facility and any closure. In this regard,
the guidelines issued by the Central Pollution Board must be followed.
Any company operating a commercial venture in this regard must be aware of this.
Finally, the operator must also maintain records of the hazardous wastes handled. This
may be done by completing Form 10 found in the Rules.
3.3.10. Package, Labelling for Hazardous Wastes
The occupier or operator of a Treatment, Storage and Disposal Facility or recycler, shall
ensure that the hazardous wastes are packaged and labelled based on the composition
in a manner suitable for safe handling, storage and transport as per the guidelines
issued by the Central Board for Pollution. This should be clearly visible and should
withstand physical conditions and climatic factors.

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3.3.11. Transport of Hazardous Wastes
If an occupier wishes to transfer hazardous waste, then he must fill in Forms 11 and 12
and provide the transporter with the relevant information regarding the hazardous
nature of the wastes and measures to be taken in case of an emergency and shall mark
the hazardous waste containers in accordance with the Forms. In case of transport of
hazardous wastes for final disposal to a facility for treatment, storage and disposal in a
different state than where it is originally generated, the required ‘No Objection
Certificate’ from the State Pollution Control Board of both the States in question must be
obtained. In such a case, the occupier shall notify the concerned State Pollution Control
Boards before he hands over the hazardous waste to the transporter. For movement
within the Country – that is to say, movement, which is not Transboundary, then Form
13 as Annexed to the Rules must be completed.
3.3.12. Maintenance of records and returns
The occupier of hazardous wastes and operators of facilities are to complete Form 3
and maintain records of the operations contained therein. Form 4, also contained in the
Rules, must be completed and the occupier and operator of a facility shall send annual
returns to the State Pollution Control Board. Finally, where an accident occurs at the
facility, or on a hazardous waste site or on a hazardous waste site or during
transportation of hazardous waste this shall be reported immediately through the use of
Form 14.
3.3.13. Liability
Any damage caused to the environment or third party due to improper handling of the
hazardous wastes or disposal of the hazardous wastes shall render the occupier,
importer or operator facility responsible. He shall then be liable to pay financial penalties
as levied by the State Pollution Control Board with prior approval of the Central Pollution
Control Board.

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3.4. The Plastics (Manufacture, Usage and Waste
Management) Rules, 2009
These rules, which have not yet entered into force, are intended to supersede the
Recycled Plastics Usage and Manufacture Rules 1999. The rules are designed to
regulate the use of plastics in its various purposes. (R.8)
3.4.1. Conditions during Manufacture, Sale, Stock,
Distribution and Use
It is to be noted in this case that manufacture refers to both degradable and non-
degradable form. The rules stipulate that,
(i) Carry bags and containers made of virgin plastics shall be in natural shade
(ii) The use of carry bags or containers made of recycled or biodegradable plastics
for storing, carrying, dispensing or packaging of food stuffs shall be prohibited
(iii)Carry bags and containers made of recycled or biodegradable plastics and used
for purposes other than storing and packaging food stuffs, shall be manufactured
using pigments, colorants as per the Bureau of Indian Standards' specifications:
IS 9833: 1981 entitled "List of pigments and colorants for use in plastics in
contact with foodstuffs, pharmaceuticals and drinking water";
(iv) No person shall manufacture, stock, distribute or sell carry bags made of virgin or
recycled plastics or bio-degradable plastics, which are less than 12X18 inches
(30 x 45 cm) in size and less than 40 microns in thickness
(v) No person shall manufacture carry bags or containers or pouches or multilayered
packaging from biodegradable plastics unless these meet the Bureau of Indian
Standards' specifications: ISIISO 17088:2008 entitle1 "Specifications for
Compostable Plastics"·.
(vi) In any other instance than the packaging of food stuffs: no persons shall
manufacture, stock, distribute or sell non-recyclable laminated plastic or metallic
pouches, multilayered packaging and other non-recyclable plastics.

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3.4.2. Recycling of Plastics
Recycling of plastics are to be undertaken in accordance with the Bureau of Indian
Standards specifications: IS 1453: 1988 entitled “The Guidelines for Recycling of
Plastics"
3.4.3. Marking or Codification
Manufacturers shall code or mark each bag or container made of plastics indicating
whether it is made of ‘virgin plastic’ or ‘recycled plastic’ or ‘bio-degradable plastic as
follows:
(i) Recycled bags or containers shall indicate that they are ‘recycled’ along with
indication of the percentage of use of recycled material. A code mark as per
Bureau of Indian Standards’ Specification ISIISO 17088: 2008 entitled
‘Specifications for Compostable Plastics’ shall be affixed.
(ii) Carry bags or containers made from biodegradable plastic shall bear a
code/mark as per Bureau of code/mark as per Bureau of Indian Standards'
Specification: ISIISO 17088:2008 entitled "Specifications for Compostable
Plastics" and shall be marked as ‘compostable’ or ‘bio-degradable during
composting’.
(iii)The marks shall contain, in English, Hindi or the local language – the following
information: the name and address of the manufacturer, the registration number
granted by the concerned State Pollution Control Board or Pollution Control
Committee and the size and thickness of the carry bag or container.
(iv) Finally, there is an obligation on manufacturers of carry bags or containers made
of virgin or recycled plastic to register with the concerned State Pollution Control
Board.
3.4.4. Registration
In order to register, every occupier manufacturing or proposing to manufacture carry
bags or containers shall make an application in Form 1 to the State Pollution Control

18
Board or Pollution Control Committee of the Union territory for the grant or registration
or renewal of registration for his unit. No production will be allowed following the entry
into force of the regulations, without the registration as required.
3.4.5. Standards
All the standards mentioned in the Rules may be found on the website of the Indian
Standards Bureau: http://www.standardsbis.in/Gemini/home/Home.action
3.5. The E-Waste (Management and Handling Rules) 2010
The new set of rules concerning electronic waste, drafted this year, were intended to
tackle the problematic situation of disposal of electronic waste in India. This refers to
waste generated in India as well as the vast amount of waste that is illegally imported
into India for disposal. The rules are scheduled to come into force on January 1, 2012.
The rules establish a number of rules for various persons dealing with electronic waste.
Electronic waste as electrical and electronic equipment and which are intended to be
discarded. It includes, but is not confined to, equipment listed in the Rules and scraps
and rejects from the manufacturing process. (R.9)
3.5.1. Prohibition on Import
No one shall import e-waste for the purpose of disposal in India.
3.5.2. Transport of E-Waste
Where e-waste is being transported for dismantling or for recycling or for final disposal
to a facility existing in a State other than the State where the waste is
generated/collected, the transporter shall obtain a ‘No Objection Certificate’ from the
State Pollution Control Board of the State of Transit. In case of transportation of e-waste
through a State other than the State of Origin, the transported shall intimate the
concerned State Pollution Control Board beforehand.

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3.5.3. Accident Reporting
Where an accident occurs at the facility processing e-waste or during transportation,
then the producer, transporter, dismantler, refurbisher or recycler as the case may be,
shall report immediately to the State Pollution Control Boards about the accident
completing the details in Form 5.
3.5.4. Liability
The producer, collection centre, transporter, dismantler and recycler, as the case may
be, based on their respective responsibilities defined earlier shall be liable for any
damages caused to the environment or the human health including third parties due to
improper handling and disposal of e-waste. He shall then undertake to reinstate or
restore damaged or destroyed elements of the environment at his cost, failing which
they shall be liable to pay the entire cost of remediation or restoration of the
environment.
4. Effectiveness of Enforcement mechanism to deal with the
problem/ implementation realties
The Hon'ble Supreme Court of India has been playing a significant role for proper
environmental safeguards in the country. A Public Interest Litigation (PIL) was filed in
the Supreme Court of India by an NGO objecting to the import of hazardous wastes into
the country in violation of the provisions of the Basel Convention. The court constituted
a High Powered Committee (HPC) in 1997 to look into the allegations and to submit the
report to the Apex court. In its report, which was submitted to the Supreme Court of
India in 2001, the committee noted that situation in regard to hazardous wastes in the
country is grim. It particularly affects the groundwater system in the country and
remediation is very difficult and expensive. It affects a large number of innocent people,
workers as well as community, who have to pay for the sin of the others. The HPC also
recorded that the approximate number of hazardous wastes generating units is 13,011,
out of which 11,138 are authorized by the SPCBs. (R.10)

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However, the inventorisation of hazardous wastes generating units in the country is not
completed. Considering the grim scenario in the country in the field of hazardous
wastes management, the Apex court banned import of all hazardous wastes listed
under Annexure VIII of the Basel Convention vide its order dated 5.5.1997.
5. Judicial Approaches to deal with problem with the help of
High Courts and Supreme Court Judgments
5.1. POLLUTION BY INDUSTRIES IN DELHI: M.C.Mehta Vs
Union of India & Ors.
Writ Petition (Civil) No.4677/1985, This Writ Petition was filed by Shri M.C.Mehta in
1985 regarding the pollution in Delhi by the Industries located in residential areas of
Delhi. The Hon’ble Supreme Court after considering the reports submitted by the
Central Pollution Control Board and the Delhi Pollution Control Committee, finally
ordered vide its various orders, dated 8.7.1996, 6.9.1996, 10.10.1996, 26.11.1996 and
19.12.1996. These orders in brief are: (R.11)
(i) Hazardous/Noxious heavy and large industries: The Hon’ble Court vide its
order, dated 8.7.1996 directed that 168 industries falling in 'Ha’ and ‘Hb’
categories under the Master Plan of Delhi – 2001 (MPD-2001) and which 14
were hazardous/noxious/heavy and large industries, to stop functioning and
operating in city of Delhi w.e.f.30.11.1996. However, those industries could
relocate/shift themselves to any other industrial estate in the National Capital
Region (NCR) or outside. (ii) The Hon’ble Court vide its order, dated 6.9.1996
ordered that 513 industries falling under ‘H’ category under the MPD-2001,
should stop functioning and operating in the city of Delhi w.e.f.31.1.1997.
However, those industries could relocate/shift themselves to any other industrial
estate in NCR.
(ii) The Hon’ble Court vide its order, dated 6.9.1996 ordered that 513 industries
falling under ‘H’ category under the MPD-2001, should stop functioning and

21
operating in the city of Delhi w.e.f.31.1.1997. However, those industries could
relocate/shift themselves to any other industrial estate in NCR.
(iii)Hot Mix Plants: The Hon’ble Court vide its order, dated 10.10.1996 directed that
43 Hot Mix Plants operating in Delhi be relocated/shifted to any other industrial
estate in the NCR region. It was also directed that those 43 Hot Mix Plants close
down and stop functioning and operating in the city of Delhi w.e.f. 28.2.1997.
(iv) Brick Kilns: The Hon’ble Court vide its order, dated 26.11.1996 directed that
246 brick kilns operating in the Union Territory of Delhi falling under category ‘H’
under the MPD–2001, should close their functioning w.e.f.30.6.1997. However,
these brick kilns could relocate/shift themselves in NCR. The Hon’ble Supreme
Court further directed that it was liberty to the brick kiln owners to indicate before
31.1.1997 in writing to the NCT of Delhi and Delhi Pollution Control Committee
that the concerned brick kilns intended to shift to the new technology of
manufacturing bricks by flyash – sand – lime technology. The Delhi Pollution
Control Committee should monitor the setting up of the new project of the
concerned brick kiln. After obtaining the consent and no objection certificate from
the Delhi Pollution Control Committee and also from the Central Pollution Control
Board, the concerned brick kiln permitted to operate at the same site, if it is
permitted under Delhi Master Plan – MPD- 2001. The Hon’ble Court further
directed the NCT of Delhi to render all possible assistance to the concerned brick
kiln owners to changeover the new technology and in the setting up of the
modern plants with flyash- sand-lime technology.
(v) Arc/Induction Furnaces: The Hon’ble Court vide its order, dated 26.11.1996
directed that the 21 arc/induction furnaces falling under ‘H’ category industries
under the MPD-2001 to close down and stop functioning and operating in the
Union Territory of Delhi w.e.f.31.3.1997. However, these arc/induction furnaces
could relocate/shift themselves to any other industrial estate in the NCR.
(vi) The Hon’ble Court vide its order, dated 19.12.1996 directed that 337 industries
falling under ‘H’ category industries under the MPD–2001 were directed to close
down and stop functioning and operating w.e.f. 30.6.1997 in Union Territory of

22
Delhi. However, those industries could relocate/shift themselves to any other
industrial estate in the NCR. 15.
(vii) ‘F’ category industries located in residential area: The Hon’ble court
vide its order, dated 12.9.2000 directed and appointed the Ministry of Urban
Development to act as the Nodal Agency for the matter of relocating/shifting of ‘F’
category industries as per MPD-2001 functioning and operating in residential
areas of Delhi. The said Nodal Agency was directed to supervise the
implementation of various orders/directions passed by the Hon’ble Court as well
as implementation of the Master Plan of Delhi. The powers under Sections 3(3)
and 5 of the Environment (Protection) Act, 1986 were given to the said Nodal
Agency for implementation. The Hon’ble court on 7.12.2000 directed that under
the supervision of the Nodal Agency, the Government of National Capital
Territory of Delhi, the Municipal Corporation of Delhi and the Delhi Development
Authority would close all the polluting units functioning in non-
conforming/residential areas or zones within a period of four weeks from the date
of the order. The Hon’ble Court further directed that the Nodal Agency was at
liberty to direct closure of the polluting units under its supervision.
5.2. POLLUTION IN RIVER YAMUNA: Writ Petition (Civil)
No.725/1994, News Item ‘HT’, dated 18.7.1994, A.Q.F.M.
Yamuna Vs Central Pollution Control Board & Ors
A news item titled ‘…and Quite Flow Maily Yamuna…’ was published in a daily News
Paper ‘The Hindustan Times’, New Delhi on 18.7.1994. The said news item was based
on findings of Central Pollution Control Board. The Hon’ble Supreme Court took
suomoto cognizance of this news item and issued notices on 2.12.1996 to the Central
Board with the directions to conduct investigations in the cities of Ghaziabad, NOIDA
and Modi Nagar with a view to having an assessment of environment impact and to the
status of pollution due to generation of industrial wastes, municipal sewage, household
wastes and other types of wastes. It was also directed that the Central Board shall give
positive suggestions/schemes to be made operative, so far as controlling pollution.

23
The Central Pollution Control Board conducted inspections in the cities of Ghaziabad,
NOIDA and Modi Nagar and submitted a detailed report on 18.12.1996 for the
consideration of the Hon’ble Court. After examining the report of the Central Board, the
Hon’ble Court issued notices to the National River Conservation Directorate (NRCD)
and also to the Ghaziabad Municipal Corporation for their response. The Central Board
further submitted that the plan for cleaning of Kali Nadi was required to be evaluated in
detail through a Committee of experts. On the suggestions of the Central Board, the
Hon’ble Supreme Court ordered on 20.3.1998 that the committee which was constituted
in the Writ Petition (Civil) No. 914/1996 might also be associated for the evaluation of
the project proposal for the Kali Nadi and Ghaziabad, NOIDA action plans and evaluate
the appropriate technology to be adopted for these projects. On the directions of the
Hon’ble Court, the Committee under the Chairmanship of Shri P.K.Kaul, Ex- Cabinet
Secretary submitted its reports before the Hon’ble Court for consideration. The matter is
still under consideration of the Supreme Court. The Central Board is regularly
monitoring water quality of river Yamuna and drains joining it in Delhi, in compliance of
the Hon’ble Court’s order. (R.12)
Till date, several reports, have been submitted for the consideration for the Hon’ble
court. In its reports, the 16 Central Board recommended that there should be proper
collection of wastewater generated in Delhi by augmenting sewerage facilities, laying
down by sewer lines. Untreated sewage should not be allowed to flow into the storm-
water drains. Sewage treatment plants are required to be operated to their full capacity.
The existing sewerage network should be appropriately maintained using three tier
maintenance schedule. Adequate sanitary arrangements for slums and J.J.Colonies,
and use of wastewater after treatment for irrigation, gardening and other uses were
suggested. Delhi might exchange treated wastewater to fresh water with the State of
Haryana. The Hon’ble Court directed the Ministry of Environment & Forests and Ministry
of Urban Development, Government of India to study the problem with regard to the
treatment of sewage in Delhi and give their positive and concrete suggestions, so that
after 31st March, 2003, no untreated sewage should go to the river Yamuna. The matter
is still under consideration of the Hon’ble Court.

24
5.3. Dahanu thermal power plant (1991) - Supreme Court
Even though the eventual decisions were in favor of the project proponents, the Court
did inquire into diligence of the government in ascertaining the environmental impact of
the proposed projects. Even though it is argued in some quarters that the Courts lack
the technical expertise needed to gauge the relevant reports and data, I must say that
judges are well-equipped to assess whether the concerned agencies have taken all
necessary steps to study and ascertain the potential environmental costs. (R.13)
In the ensuing years, there appears to be a growing consensus amongst the media and
in academic circles that the general approach of the higher judiciary in environmental
litigation can be described as ‘activist’ in nature. A prominent example of such activism
in evaluating the environmental impact of commercial activities justified in the name of
development is the decision given in the Dehradun Valley case (1985). (R.14) In that
case, the court itself appointed a committee to look into the adverse effects of the illegal
and indiscriminate mining activities being carried out in the Uttarakhand region.
The respondent government was also asked to show the national importance of the
lime-stone procured from those quarries so as to determine whether the demand could
be satisfied by mining in other areas. A similar approach was adopted in Tarun Bharat
Sangh, Alwar v. Union of India (1992) where the court adopted a firm stand against the
owners of mines that were being operated inside the reserve forest areas. In both the
cases mentioned above, the court appointed independent committees of experts to
ascertain the environmental impact of the commercial activities that were being
undertaken.
5.4. IMPORT OF HAZARDOUS WASTE: Writ Petition (Civil)
No. 657/1995 (Research Foundation for Science,
Technology and Natural Resource Policy Vs UOI & Ors.)
This Writ Petition was filed as Public Interest Litigation seeking Hon’ble Court’s
intervention to impose ban on the import of toxic wastes from the industrialized
countries into India. The High Power Committee was appointed by the Hon’ble Court

25
vide its order, dated 13.10.1997 to look into various aspects of hazardous wastes and
suggest measures. The Hon’ble Court after hearing on 12.2.2001 passed an order to
acknowledge the receipt of the report of the High Power Committee headed by Prof.
M.G.K.Menon. The Hon’ble Court also considered the report relating to the hazardous
wastes off loaded at Alang in Gujarat. (R.15)
The reports were filed by the Central Pollution Control Board vide its affidavits dated
29.2.2000 and 10.8.2000 in compliance of Hon’ble Court’s order. The Hon’ble Court
further directed that since, there was no specific finding by the National Institute of
Oceanography, Goa, the Union of India should file an affidavit indicating whether the
material imported was hazardous or not. If necessary, opinion of the High Power
Committee be obtained. The matter is pending with the Hon’ble Court.
5.5. MANAGEMENT OF SOLID WASTE IN CLASS-I CITIES –
Writ Petition (Civil) No.888/1996 (Almitra H.Patel Vs
Union of India & Ors.)
This writ petition was filed by Ms. Almitra H.Patel regarding management of solid waste
in Class-I cities. In its petition the petitioner alleged that the practices adopted by the
municipalities for disposal of garbage in urban areas were faulty and deficient. The 22
management of solid waste by the municipalities had direct impact on the health of the
people in the country. The petitioner had appreciated the guidelines and
recommendations made by the Central Pollution Control Board for the management of
municipal waste. In its reply, the Central Pollution Control Board submitted that the
responsibilities of management of solid waste were vested with the municipal
corporations of the municipalities which are under the administrative control of
respective states/union territories. At the central level, the Ministry of Urban Affairs is
the nodal Ministry to deal with the matters relating to municipal solid wastes. (R.16)
The Central Pollution Control Board itself has taken several initiatives for improvement,
collection, transportation disposal and utilization of municipal solid wastes. On the basis
of the replies of the various departments, Central/State Pollution Control Boards and
concerned State Government, the Hon’ble Supreme Court on 16.1.1998 directed to

26
constitute a committee to look into all aspect of solid wastes management in Class-I
cities of India. The Chairman of the Committee was nominated Shri Asim Barman. The
said committee has submitted its report in the month of March 1999 before the Supreme
Court for consideration. The committee made several recommendations including
technical aspects also for the management of solid waste in class I cities. The
recommendations have further categorized under three heads:
(i) mandatory recommendations for citizens/associations;
(ii) mandatory recommendations for local bodies/state Governments; and
(iii)Discretionary recommendations for urban local bodies.
On the basis of the report of the committee, draft rules known as the Management of
Municipal Solid Wastes (Management and Handling) Rules, 1999 were framed and
circulated to all the State Governments for their suggestions and w.e.f. 25.9.2000 the
Municipal Solid Wastes (Management and Handling) Rules, 2000 came in to effect. In
pursuance of the Hon’ble Supreme Court’s order, dated 24.11.1999 the Central
Pollution Control Board carried out inspections and submitted a comprehensive report
with regard to five cities (Bangalore, Calcutta, Chennai, Delhi and Mumbai) in the
Supreme Court. In its report, the Central Pollution Control Board gave their observations
in the implantation of the recommendations, mentioned in the Barman Committee
(Constituted by the Hon’ble Supreme Court). The matter is pending in the Supreme
Court for consideration.
5.6. POLLUTION IN MEDAK DISTRICT, ANDHRA PRADESH:
Writ Petition (Civil) No.1056/1990 (Indian Council for
Enviro Legal Action & Others Vs. UOI & Others)
This Writ Petition was filed in 1990 in the Supreme Court by the Indian Council for
Enviro Legal Action & Others against the industries and the CETP managements of
PETL at Pathancheru and Bolaram for the pollution of the ground water and surface
water caused by the discharge of the effluents from these CETPs. Among others, the
A.P. Pollution Control Board and the Central Pollution Control Board were made
respondents in this case. The Patancheru Industrial Estate was established in the year

27
1975 at Pathancheru in Medak district of Andhra Pradesh and is about 15 kms from
Hyderabad. Bulk drugs, 23 chemicals, textile, leather finishing industries etc. are located
in this industrial estate and to take care of the effluents a common effluent treatment
plant is set up and operated by M/s. Pathancheru Envirotech Limited and has 72
member industries. (R.17)
The total effluent handled by the PETL is about 2860 cu m per day. To provide
treatment of the industrial effluents PETL obtains domestic sewage from BHEL which is
located nearby and also raw water from Isakawagu drain and discharges the treated
effluent in the Isakawagu drain which falls into Nakkawagu drain which finally
discharges into Manjira river after traversing a distance of about 40 kms. Manjira River
is the major source of water supply for the city of Hyderabad. The Bolaram Industrial
Estate is located in the Bolaram village in the district of Rangareddy in Andhra Pradesh
and is about 35 km from Hyderabad city.
The main water polluting industries in this industrial estate are the bulk drug industries.
The CETP was established in this industrial estate and presently there are 25 member
industries contributing to this CETP. The CETP at present is handling around 340 cu m
per day of effluent. In order to homogenize and enhance the treatability of effluents
domestic sewage is added. The treated effluents presently are discharged on land for
plantations. The Hon’ble Supreme Court vide its order, dated July 29, 1997 in I.A. No. 2
& 9-11 in WP (C)No. 1056/90 inter-alia directed the Central Pollution Control Board to
take up the following activities:
CPCB was to assess the following:
(i) capacity of Common Effluent Treatment Plants (CETPs) installed at Patancheru
and Bollaram;
(ii) functioning of these CETPs;
(iii)extent of treatment carried out in the CETPs;
(iv) whether the discharge from these CETPs meet the pollution control standards of
CPCB;
(v) extent of the areas damaged around the industries as a result of discharge of
effluent from industries;

28
(vi) extent of such damage;
(vii) whether individual units have complete effluent treatment plants or only
primary treatment is provided to the effluents; and
(viii) The quality of effluent discharged from the individual effluent treatment
plants belonging to each of these industries and whether they meet the
prescribed standards.
6. Role of NGOs/Civil Society Groups
Local, national and regional NGOs have emerged as major players and partners in both
development and conservation activities in the region. At the community level, they are
in the front line in providing assistance in the acquisition of basic needs and amenities;
in identifying issues, raising awareness, and providing information to grassroots
communities; in articulating the communities’ problems and needs and bringing these to
the attention of those who can affect change; in defending both the environmental and
developmental rights of communities and building the capacity of communities to
manage their natural resources; and in dealing with sustainable development concerns.
NGOs that work at the national level focus mainly on policy work, playing a vital role in
the identification of the weaknesses and gaps in current policy or legal frameworks; in
information gathering and educating the public, private sector and government; and, in
certain cases, in activist lobbying and protest movements.
(i) Awareness-Raising, Campaigning and Advocacy Across the region a large array
of groups work to raise awareness of environmental issues and push for changes
in policy and development programs. These groups carry out environmental
awareness raising and campaigning locally, nationally, and internationally, with
some campaigns operating simultaneously at all levels.
(ii) In India, for example, the Kerala Sastra Sahitya Parishad (KSSP) has earned
international recognition for its work in mobilizing public opinion among people’s
organizations in the State of Kerala (United Nations 1995). The KSSP is
regarded as one of the best-informed and best-organized grassroots movement
in India, with over 20 000 members.

29
(iii)In Pakistan, the Society for the Conservation and Protection of the Environment
(SCOPE), established in 1988, is particularly successful at national
environmental campaigns, whilst giving priority to developing linkages with local
NGOs, research institutes, universities and government departments. In addition
SCOPE motivates grassroots groups and undertakes public interest litigation and
advocacy work (Non-Governmental Liaison Service 1997).
(iv) Scientific and technical NGOs are assisting in bridging the gap between science,
policy makers and the citizenry. Their research and education work is proving a
vital addition to the decision and policy-making process. In India, for instance, the
Centre for Science and Environment publishes ‘Citizen’s Reports on the
Environment’ which focus on specific environmental issues, such as urban
pollution, and flood management. Written in nontechnical languages, these
reports enable the general public to better understand the issues.
(v) Many of the more established NGOs in the region work on major national
campaigns using a range of promotion activities, from grassroots awareness-
raising, through to lobbying and media campaigns. Such campaigns are
multifaceted, involving research, awareness-raising, education and lobbying.
(vi) CLEAN-INDIA: Deeply concerned with the deteriorating environmental situation
in the country, Development Alternatives initiated the CLEAN-India (Community
Led Environment Action Network) program with five schools in the national
capital in 1996. Today, CLEANDelhi has about forty schools regularly involved in
monitoring water and air quality in over 150 locations spread across Delhi. Over
2000 children have been directly trained on environmental assessment and
improvement activities. They keep vigil, assess environmental quality, plead,
cajole and lead the community in monitoring environment. Action programs like
solid waste management, plantation drives, energy conservation, paper
recycling, etc. to improve local environmental conditions have also been initiated
by schools, resident welfare associations, business and industrial associations as
well as individual households
6.1. The NGO Programs

30
The NGO’s have undertaken the following programs on a mass scale to spread
awareness about the importance of industrial solid waste management best practices:
(i) Create mass awareness, ensuring public participation in segregation of
recyclable material and storage of waste at source.
(ii) Provide employment through organizing door-to-door collection of waste.
(iii)Ensure public participation in community based primary collection system.
(iv) Encourage minimization of waste through in-house backyard composting,
vermin composting and biogas generation.
(v) Urban poverty is inextricably linked with waste. In India alone, over a million
people find livelihood opportunities in the area of waste; they are engaged in
waste collection (popularly known as rag picking) and recycling through well-
organized systems. Substantial populations of urban poor in other developing
countries also earn their livelihood through waste. It is important to understand
issues of waste in this context. The informal sector dealing with waste is engaged
in various types of work like waste picking, sorting, and recycling at the organized
level, door-to-door collection, composting and recycling recovery.
7. Recommendations and Conclusion
7.1. Recommendations for India Inc.
(i) Categorize industries as low, medium and heavy pollutants and introduce extra
taxes for heavily polluting industries.
(ii) Introduce stringent certification like ISO and six sigma that industries may adhere
to for becoming compliant with pollutant discharge.
(iii)Give tax benefits to industries who are able to reduce the amount of pollutants
that they discharge in the environment.
(iv) Provide counselling to operations and facility managers for their better
understanding of proper industrial waste management and globally prevalent
best practices.

31
7.2. Conclusion
It takes a lot of valuable energy and materials to create and manufacture products and
the resulting industrial waste can be difficult to manage. Many cities and countries have
put new laws into place to heavily tax companies that produce excess amounts of waste
or create potentially harmful effects on the air and ecosystem. The extra taxes help to
offset the environment damage by going toward environmental restoration, protection
and spreading information to increase knowledge on these issues. People and
companies need to educate themselves about the environment. Smog alerts in many
cases result from not only harmful transportation emissions but also from the output of
factories into the air we breathe.
Companies need to be responsible with their industrial waste management and
specifically their hazardous waste. Many local governments provide counseling,
consulting and recommendations to organizations on what they can do to better
manage their waste and plan for a more environmentally friendly production processes.
More than ever, there need to be consequences to companies that do not take waste
management seriously. Part of this includes reducing harmful emissions into the
environment over a period of time and correctly disposing of waste materials.
Countries have terms and conditions about what is acceptable in terms of waste
management. Today, more than ever, industries know their impact of manufacturing on
smog levels and the escalating cost of managing their waste. More industrial leaders
are showing their accountability for the environment. Citizens need to support
companies whose business practices include environmentally conscious and
responsible conditions. Using energy more efficiently, reducing the hazardous waste
they output into the air and to the landfills and practicing composting and recycling are
key factors in improving the way waste is managed.
Companies who have no choice but to continue creating hazardous industrial waste due
to the nature of their business need to ensure that they properly dispose of that material
and are upfront an honest about the contents of their vehicles, their facilities and
management of the waste. Environmental protection acts encourage and reward

32
companies who do their part to more effectively manage waste and work with
environmental agencies to maximize efforts to minimize the impact on the environment.
Industrial waste producers need to pay for the disposal of their materials and in
particular, need to take caution in the way they dispose of hazardous materials. There
have been cases documented of companies mislabeling goods and of irresponsible
practices leading to contamination of local watersheds. The more that citizens and
government push for reform, the more companies will realize that they are accountable
for their industrial waste.
8. How and to which extent the project is relevant for you as
a potential global business manager / entrepreneur/
decision maker
Looking at the fast changes in global business environment and its impact on local and
international business, products offered by the company’s and consumer preferences
are changing. Now consumers and countries governments are more and more sensitive
about the environmental impact of industries, products and sustainability. Globally the
rules are being framed to reduce the environmental impact of the industries and
products to give better and safe living environment to the people. Means the operating
environment for industries is being tougher and tougher and it should continue to
improve its product and process to reduce the environmental impact of its operation for
longevity. The best index of company’s success is its longevity. Such longevity comes
from living in harmony with the context- The society. Society contributes customers,
employees and investors for a corporation. It contributes politicians and bureaucrats
who frame policies that influence the success and failure of a corporation. Therefore
society is an important stakeholder for the corporation.
Rapid industrialization has resulted in the generation of huge quantity of industrial and
hazardous wastes, both solid and liquid, in various industrial sectors. Despite
requirements for pollution control measures, these wastes are generally dumped on
land or discharged into water bodies, without adequate treatment, and thus become a
large source of environmental pollution and health hazard.

33
Management of Industrial Solid Waste is not the sole responsibility of local
bodies. Industries generating solid waste have to manage such waste by themselves
and are required to seek authorizations from respective State Pollution Control Boards
(SPCBs) under relevant rules. However, through joint efforts of SPCBs, local bodies
and the industries, a mechanism could be evolved for better management.
So it becomes really important for a global business manager entrepreneur/ decision
maker to be aware of these factors and changes in current and estimate future changes
in business environment to make products more acceptable in the market. Secondly be
aware of countries, local government, bodies rules and regulations so as comply with
them while producing and offering goods in the market.
Long-term success of a corporation requires it to earn the goodwill of society by
demonstrating social responsibility while generating margins in business. Non
adherence to the legal framework requirements may result in significant loss of goodwill
and may pose a threat to the survival of the organization. On the other hand following
and taking a lead offers real differentiation and may help companies to not only earn
goodwill but earning better margins.

34
References:
R.1: Chapter 18, Medical, Municipal and Plastic Waste Management Handbook by Niir
Board of Consultants & Engineers
R.2: Encyclopedia of occupational health and safety - linkages between environmental
and occupational health (link - http://www.ilocis.org/documents/chpt53e.htm)
R.3: The North American Mosaic: An Overview of Key Environmental Issues (link -
http://www3.cec.org/islandora/en/item/987-north-american-mosaic-overview-key-
environmental-issues-en.pdf)
R.4: Peculiar Health Problems Due to Industrial Wastes in Addis Ababa City: the Case
of Akaki Kality Industrial Zone (link -
http://etd.aau.edu.et/bitstream/123456789/5207/1/Tesfay%20Aregawi.pdf)
R.5: Chapter 14 - Development and Environmental Economics and International Trade
by TR Jain, OP Khanna and Vir Sen
R.6: Environmental regulations in India, a research paper by Dr. Asit K Patra, Asstt.
Director, DMI, Bhopal
R.7: Ministry of Environment and Forest Notification (link -
http://www.cpcb.nic.in/divisionsofheadoffice/hwmd/mhtrules2008.pdf)
R.8: Plastic Waste (Management and Handling) Rules, 2011 (link -
http://nidan.in/nidanwp/wp-
content/uploads/2014/07/summary_PlasticWasteRules2011.pdf)
R.9: Ministry of Environment and Forest Notification (link -
http://www.moef.nic.in/downloads/rules-and-regulations/1035e_eng.pdf)
R.10: Journal - Environmental Management of Industrial Hazardous Wastes in India by
SHANTANU K DUTTA, V P UPADHYAY, AND U SRIDHARAN (link -
http://neeri.res.in/jese/jesevol4802013.pdf)

35
R.11: M. C. Mehta v. Union of India case summary (link -
https://en.wikipedia.org/wiki/M._C._Mehta_v._Union_of_India)
R.12: Public Interest Litigations Newsletter (link -
http://cpcb.nic.in/upload/Newsletters/Newsletters_17_2002.pdf)
R.13: Dahanu power plant history and case summary (link -
https://en.wikipedia.org/wiki/Dahanu)
R.14: The Dehradun valley litigation (link -
http://www.legalservicesindia.com/article/article/the-dehradun-valley-litigation-996-
1.html)
R.15: India -- Research Foundation v. Union of India & Others, WP 657/1995
(2003.10.14) (Hazardous Wastes) (link - https://www.elaw.org/content/india-research-
foundation-v-union-india-others-wp-6571995-20031014-hazardous-wastes)
R.16: Paper on P.I.L. and Environment Protection by DR. MINAL H. UPADHYAY
Principal, B.K.Mer. Bank Law College, Palanpur, Gujarat (India) (link -
http://raijmr.com/wp-content/uploads/2014/03/1_1-7-Dr.-Minal-H.-Upadhyay.pdf)
R.17: Pg.239, Agriculture and Food by A.K. Srivastava, Chairman CTREE

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