Indian Laws: The Problem of Disposal of Hazardous Waste and its Dangers

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There is waste and pollution everywhere. Can the provisions of the Environement Protection Act 1986 help?

Waste refers to a material that has no utility for a person. Although natural waste can be disposed off and recycled or composted, it is the toxic, non-degradable waste of plastic and electronic goods that is becoming a mounting problem for India and other developing nations. Besides the contribution of households, garbage is also generated by industries, agriculture and mining. Urban India is currently facing a severe problem regarding the disposal of hazardous waste, which must be solved by understanding the dangers of excess and toxic waste. Although Indian laws aim to regulate the movement and generation of hazardous waste, there is no law to deal with the e-waste.

The Problem of Disposal of Hazardous Waste and its Dangers

Hazardous Waste The sharp increase in waste generation is not matched by facilities for disposal of hazardous waste. In India, waste is either burnt or just buried at a place. The sharp increase in the quantum of generated waste and the inadequate space for its disposal has led to improper methods of disposal. Consequently, problems like contamination of ground water and increased air pollution have emerged as serious threats to general health and life.

While the improper disposal of solid waste can result in environmental and health problems, the growing quantum of electronic waste poses a massive risk to our ecological system.  Electronic equipment waste ranging from personal computers, optical disc players and mobile phones contains toxic materials like lead, cadmium, mercury, flame retardants and leaching plastics. If this waste is left untreated in landfills or dumps (as is the case in India), it will result in irreparable loss to the life in the soil, water and the atmosphere, thus adversely impacting human health and ecology. People working in areas close to these landfill areas or areas where electronic waste is stored are in danger of severe health problems like damage to the kidneys, swelling of the brain, interference with regulatory hormones, skin problems, cancer and neurological and respiratory disorders.

Indian Laws relating to Disposal of Hazardous Waste

In India, the Environment Protection Act, 1986, authorizes the central government to take all measures deemed necessary or expedient to protect the quality of environment and prevent any type of pollution. Hence, the Government of India has framed the Hazardous Waste (Management and Handling) Rules, 1989 and Hazardous Waste (Storage Export and Import) Rules, 1989 to regulate the disposal of hazardous waste in India. These rules make it mandatory for any organization to seek the permission of the local state pollution control board for grant of authorization for carrying hazardous substances in the form of collection, reception, treatment, transport, storage and disposal of such wastes. 

Final Legal Take Away Tip: The government of India has proposed a new set of rules called the E-waste (Management and Handling) Rules 2010. This provides for making the producer of electrical and electronic equipment responsible for the collection and appropriate disposal of e-waste generated at the end of the product life. Besides banning the import of used electrical and electronic equipment for charity in the country, these new rules also aim to regulate not only the producers, but also the recyclers and intermediaries.
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I wanted to know if there are any effective landfill taxes applicable in India ala the EU and US? Which Act regulates the landfill activity?

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