REGULATORY REQUIREMENTS OF WASTE MANAGEMENT

Solid waste policy in the US is aimed at developing and implementing proper mechanisms to effectively manage solid waste. In the US, the Environmental Protection Act (EPA) regulates household, industrial, manufacturing and commercial solid and hazardous wastes under the 1976 Resource Conservation and Recovery Act (RCRA). The RCRA is the principal federal law in the US governing the disposal of solid waste and hazardous waste. The US Congress enacted RCRA to address the increasing problems the nation faced from its growing volume of municipal and industrial waste. RCRA amended the Solid Waste Disposal Act of 1965. It sets national goals for:

• Protecting human health and the natural environment from the potential hazards of waste disposal. 
• Energy conservation and natural resources. 
• Reducing the amount of waste generated, through source reduction and recycling. 
• Ensuring the management of waste in an environmentally sound manner.

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), also known as “Superfund” was enacted in 1980 to address the problem of remediating abandoned hazardous water sites, by establishing legal liability, as well as trust fund for clean up activities.

In general, CERCLA applies to contaminated sites, while RCRA’s focus is on controlling the ongoing generation and management of particular waste streams. In 1984, the US Congress expanded the scope of RCRA with the enactment of Hazardous and Solid Water Amendments (HSWA). The amendments strengthened the law by covering small quantity generators of hazardous waste and establishing requirements for hazardous waste incinerators and the closing of substandard landfills. In 1986, SARA (Superfund Amendments and Reauthorization Act of 1986) addressed clean up of leaked underground storage tanks and other leaking waste storage facilities. The amendments established a trust fund to pay for the clean up of leaking underground storage tank sites where responsible parties cannot be identified.

In India, waste management is governed by Ministry of Environment, Forest and Climate Change (MoEF) who work together with State Pollution Control Board set up in various states.

Certain laws are also present in the legal set up which helps in regulation of waste in India. The National Environment Policy, 2006 laid emphasis not only on disposal of waste but also recycling and treating waste. Some of the laws for the purpose of waste regulation are stated as under:

THE ENVIRONMENT PROTECTION ACT (EPA)

This act was enacted in 1986 by the Parliament of India and it aims to establish a sufficient protection system. This act confers powers to the Central Government to regulate all forms of waste. It is one of the primary legislatures to protect the environment and regulation of waste.

BIO-MEDICAL WASTE RULES, 1998

The aim of these rules is to ensure that bio-medical wastes are safely disposed of. Biomedical wastes can be defined as any waste or by-product generated during treatment, immunization and treatment of human beings or animals or in research activities. The BMW rules apply to various institutions like nursing homes, animal dispensaries, veterinary homes, blood banks, dispensaries, pathological laboratories, etc. The BMW rules prohibit mixing of biological wastes with any other types of wastes. The general rule provided is that biomedical wastes cannot be kept stored beyond a period of 48 hours without being treated. Further, all institutions covered under the rules are to mandatorily set up treatment facilities like microwave system, autoclave etc.

THE BATTERIES RULES, 2001

The Batteries Rules were notified to set up a mechanism in place which dealt with the disposal of lead acid batteries.  The Rules apply to every manufacturer, recycler, dealer, importer, assembler, bulk consumer and consumer. The Rule makes it compulsory for every consumer to deposit the used batteries back with the dealer, manufacturer, recycler or labelled collection centres. If a recycler wants to import used batteries in India, for the purpose of recycling, he must obtain custom clearance. Additionally, import of batteries will be allowed only upon producing valid registration with Reserve Bank of India and MoEF and providing an undertaking in prescribed format along with a copy of the latest half-yearly return.

THE HAZARDOUS WASTES RULES, 2008

Management of hazardous waste is a very complex issue. The Rule places an obligation on the occupier of hazardous waste to safe and sound handling of environmental waste. The occupier is that person under whose charge there is a plant or unit or factory which produces hazardous wastes as a result of their operation. The occupier must sell or send the hazardous waste to a re-processor or recycler, who is authorized by the government to dispose of the waste in a safe manner. Any person who is engaged in storage, package, collection, destruction, conversion, processing, etc., also has to take authorization from the State Pollution Board. Sale or transfer of hazardous waste can be done only after obtaining a valid registration from Central Pollution Board (CPCB).

THE PLASTIC WASTE RULES, 2011

The PWM Rules are set up to control the use, manufacture and recycling of plastic waste. The Rule has uniform applicability towards all distributors, users, retailers, and manufacturers of plastic products. The Rule makes it compulsory for every manufacturer of plastic products and recycler to obtain registration from State Pollution Control Board. The Rule also states that no retailer can provide plastic bags free of cost. This is done to ensure that people use plastic bags judicially.

THE E-WASTE RULES, 2011

The primary aim of the EWM is to put in place a system which manages e-waste in an environment-friendly way by regulating the issue of recycling and disposal of e-waste. E-waste is a problematic issue in India. With the growing economy and the technological advancement, India is becoming a hub for the IT sector. This creates a lot of e-wastes, disposal of which is necessary. The Rule empower the concerned state agencies to control, supervise and regulate relevant activities connected with e-wastes management such as collection, segregation, dismantling and recycling.