Environment Pollution: The Environment (Protection) Rules, 1986, Prohibition or Restriction on Handling of Hazardous Substances

Hazardous or toxic substances are those chemicals that pose a threat to the health and safety of living creatures and pollute the environment. Such substances include dust, mixtures, paints, fuels and solvents. Workers in several factories are routinely exposed to poisonous fumes and hazardous pollutants. Hazardous pollutants are often managed and dealt with in an extremely unsafe manner and frequently dumped in the open to get rid of them.

The Government of India has laid down a special set of rules - the Environment (Protection) Rules, 1986, to impose prohibition and restriction on handling of hazardous substance in different areas.  The purpose is:

  • Sound management of hazardous wastes and chemicals.
  • Prevention of environmental pollution.
  • To enable industrial workers to protect themselves and dispose off the waste safely.

Environment Pollution: Key Factors for Consideration

Hazardous SubstancesThe Central government shall take into account several factors before imposing prohibition or restriction on the handling of hazardous substances in different areas. Few such factors are:

  • The extent of the hazardous nature of the substance, both in terms of quality and quantity and the harm it may cause to the environment and to life and property.
  • The availability of a safe substitute of the hazardous substance proposed to be prohibited or restricted.
  • The domestic availability of the safe substitute or the level of indigenous technological advancement to develop the same.
  • The time required for the introduction of the new safe substitute.
  • Any other relevant factor for environmental conservation.

The Central Government is obligated to notify in the Official Gazette or any other similar means from time to time that it intends to impose a prohibition or restriction on the handling of hazardous substances in an area and it should also issue a notice about the same. The notification shall have a brief depiction of the hazardous substance and the concerned geographical area. It shall also state the reason for the imposition of the prohibition or restriction. 

Final Legal Take Away Tip: A person who is not satisfied with the decision of the Central Government with regard to the imposition or restriction may file an objection with the Central Government in writing, within a period of 30 days starting from the date of publication of the notification in the Official Gazette.
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