ACKNOWLEDGEMENT

I humbly acknowledge my mentor, without

whose guidance and support this assignment
would not have taken shape. I am thankful to her
for giving me such a lucrative topic for my
assignment.
I am also thankful to my friends and well-
wishers for helping me in all possible ways.

1|Page
 TABLE OF CONTENTS

S. No. Topic Page No.

1. Introduction 4

2. Legislative Framework for Hazardous Waste Management 6

in India

3. The Hazardous Wastes (Management and Handling) Rules, 7

1989

 Salient features 7
 Conceptual Analysis of the term ‘Hazardous Waste’ 8
10
 Setting up of Operating facility
10
 Regulation of Hazardous Wastes under the Rules

Constitutional validity of the Rules

4. 19
Management of Hazardous Wastes: Issues and Options 19
5.

6. Suggestions 21

7. Conclusion 22

8. References 23

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 ABBREVIATIONS USED

S.NO ABBREVIATIONS FULL FORMS

1. AIR All India Reporter

2. CPCB Central Pollution Control Board

3. ed. Edition

4. HC High Court

5. HW Hazardous Waste
6. HWM Hazardous Waste Management

7. MoEF Ministry of Environment and Forests

8. SC The Supreme Court of India

9. SCC Supreme Court Cases

10. SPCB State Pollution Control Board

11. v. Versus

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 INTRODUCTION
Environmental degradation is the price we pay for industrialization and development. India is
a developing country and industries are a major source of hazardous waste in developing
countries. A hazard is a rare or extreme event that adversely impacts human life, property, or
activity. No human settlements are free from the risk of natural hazards; therefore, it is vital
that researchers and decision-makers have access to all available information.

In the present era of open global market economy, industries using hazardous materials are no
doubt playing a vital role in the economic development and advancement of the well-being of
the people in the country, but simultaneously they are causing the problems of risk to human
life and the environment.1 The most dangerous concentrations of wastes come from large
industries, petroleum refineries, chemical and pesticide manufacturers, mines and makers of
synthetics and weapons. Worldwide, millions of tonnes of hazardous wastes are produced each
year and typically are dumped at sea or burnt in improperly filtered incinerators, which allow
toxic fumes and ash to escape.

Hazardous waste is the waste that poses substantial or potential threats to public health and the
environment. The sources of hazardous waste are basically agricultural and agro-industries,
medical facilities, commercial centres, household and informal sectors. The Hazardous Waste
needs to be disposed of in a secured manner in view of their characteristic properties.

Industrial hazardous waste sources present greater risks in developing countries than in
developed countries. Small competitive and labour-intensive businesses that are not regulated
by government is the source of hazardous wastes that is currently recognized as major problem
in developing countries. Because of poor management and obsolete technologies, multinational
companies often set their plants in developing countries so that they can use technologies
banned in their house country. The accident at the Bhopal plant in India, which belonged to
union carbide of USA is a prime example of this situation.
Rapid industrialisation in last few decades has led to the depletion of natural resources and
increase in pollution in the country. This industrialization has also led to the generation of huge
quantities of hazardous waste which causes severe environmental problems. Therefore,
scientific treatment and systematic disposal of generated waste is required.
Hazardous Waste Management is a very important issue and is assuming significance globally.
There is a growing concern all over the world for the safe disposal of Hazardous Wastes
generated from anthropogenic sources. This issue has also raised concerns in India.
Urbanization, industrialization and economic growth have resulted in increased hazardous
waste generation per person. Effective waste management is a major challenge in cities with
high population density. Achieving sustainable development within a country experiencing
rapid population growth and improvements in living standards is made more difficult in India
because it is a diverse country with many different religious groups, cultures and traditions.
The consequences of improper handling and management of HWs can be disastrous to
environment and to human health. When Hazardous wastes are improperly handled, they may
leach into soil and groundwater and concentrate in food chains. Hazardous wastes have serious

1
N.S. Kamboj, Population Growth -Prime Cause of Environmental Pollution and its Legal Control in India,
Indian Bar Review, vol. XXIH (i) 1995.

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impact both on human life and the environment. Thus, they have to be regulated extensively
with an effective legal system. The Indian government promulgated the Environment
(Protection) Act in 1986, which is an umbrella legislation to protect and improve the
environment and to regulate the management and handling of hazardous substances and
chemicals. The Ministry of Environment and Forests continuously monitors the progress made
by various State governments and Union Territories with respect to the implementation of
India’s Hazardous Wastes Rules. Ministry of Environment and Forest (MoEF) promulgated
hazardous waste (Management and Handling) Rules in 1989 under the provision of the
Environment Protection Act, 1986. In September 2008, the said rules were repeated and new
rules entitled “Hazardous waste (Management Handling and Transboundary Movement) Rule,
2008” were promulgated. These rules were further amended in year 2009 and 2010 for proper
management and handling of hazardous waste in the country. India has also ratified the Basel
convention on transboundary movement of hazardous waste in the year 1992. It is an
international treaty that was designed to reduce the movements of hazardous waste between
nations, except where it is perceived to be in accordance with principles of environmentally
sound management.

BASEL CONVENTION

The Basel Convention is the broadest and most significant international treaty on trans-
boundary movement of hazardous wastes presently in effect. The impact of hazardous wastes
on the environment has large repercussions, particularly on the quality of waters and land
effective regulation of the management and disposal of hazardous wastes requires cooperation
at the global level. It is the first and foremost global legal instrument regulating the trans-
boundary movement of hazardous wastes and their disposal. The Convention, adopted by the
diplomatic conference in Basel in 1989, was develop under the auspices of the United Nations
Environment Programme (UNEP) and entered into force in May 1997. It has 111 States as
parties to it. The rapidly increasing number of Parties reflects the growing awareness and
interest of States in this important sector of environment and health protection.

India is a party to the Basel Convention on transboundary movement of hazardous wastes. The
Convention is a tool for controlling and reduction of transboundary movements of hazardous
and other wastes subject to the Convention, prevention and minimization of their generation,
environmentally sound management of such wastes and for active promotion of the transfer
and use of cleaner technologies. As a party to the Convention, India is obliged to regulate and
minimise the import of hazardous waste or other wastes for disposal or re-cycling and also to
prohibit export of waste to parties, which have prohibited the import of such wastes. India is
also required to minimise generation of hazardous waste in the country taking into account
social, technological and economic aspects.

The following are the key objectives of the Basel Convention:

 To reduce trans-boundary movement of hazardous wastes and other wastes subject to

the Basel Convention to the minimum, consistent with their environmentally-sound
management;
 To dispose of the hazardous wastes and other wastes generated as close as possible to
their source of generation;
 To minimize the generation of hazardous wastes in terms of quality and hazard
potential;

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  To ensure strict control over movement of hazardous wastes across borders and
prevention of illegal traffic;
 To prohibit shipments of hazardous wastes to countries lacking the legal administrative
and technical capacity to manage and dispose of them in an environmentally sound-
manner, and
 To assist developing countries and countries with economics in transition in
environmentally- sound management of the hazardous wastes they generate.

LEGISLATIVE FRAMEWORK FOR HAZARDOUS WASTE MANAGEMENT IN

INDIA

India introduced an amendment into its Constitution calling upon the state to protect and
improve the environment to safeguard public health, forests and wildlife. The forty-second
amendment to the Indian Constitution was adopted in 1976, and went into effect on January 3,
1977. The Directive Principles of State Policy (Article 48A) in the Indian Constitution requires
not only that the State protect the environment, but it also compels the State to seek the
improvement of polluted environments. This allows the government to impose restrictions on
potentially harmful entities such as polluting industries. The country has a long history of
environmental legislation, including the passage and codification of the Indian Penal Code of
1860, the Criminal Procedure Code, the Bengal Nuisance Act of 1905, the Motor Vehicles Act
of 1988, the Factories Act of 1950, The Indian Forest Act of 1927, The Forest (Conservation)
Act of 1918, and the Public Liability Insurance Act 1991, to list a few.

The Indian government promulgated the Environment (Protection) Act in 1986 to protect and
improve India’s environment and to regulate the management and handling of hazardous
substances and chemicals. The Act encompasses water, air and land in its definition of the
environment, as well as the interrelationships between them and human beings, other living
creatures, plants, microorganisms and property. The Act prohibits the emission or discharge of
environmental pollutants in excess of prescribed standards, and it also sets mandatory
procedural safeguards for handling hazardous substances. It has accorded wide-ranging powers
to the national government to take all measures deemed necessary for protecting or improving
the environment. These powers include:
• Laying down standards for emissions and discharges to maintain environmental quality;
• Restricting the siting of industries;
• Defining safeguards;
• Laying down standards for hazardous waste management, hazardous chemical transport
and handling, and the import and export of hazardous wastes and chemicals;

Lastly, the rules framed by the Indian government for hazardous waste management under the
Environment (Protection) Act of 1986 are:

• Hazardous Waste (Management and Handling) Rules, 1989 (January 2000 amendment)
• Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989
• Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Chemicals
and Genetically Engineered Organisms or Cells, 1989

Hazardous Waste Management Rules are notified to ensure safe handling, generation,
processing, treatment, package, storage, transportation, use reprocessing, collection,
conversion, and offering for sale, destruction and disposal of Hazardous Waste. To ensure safe

6|Page
management of hazardous waste generated from different industrial sources, Hazardous Waste
(Management & Handling) Rules, 1989 were framed by Central Government and were further
amended in the year 2000 and 2003. Later, the Hazardous Waste (Management, Handling and
Transboundary Movement) Rule, 2008 were notified to replace the aforementioned rules for
effective management of hazardous waste related environmental problem and was further
amended in year 2009 and 2010.

THE HAZARDOUS WASTES (MANAGEMENT AND HANDLING) RULES, 1989

In exercise of the power conferred under the Environment (Protection) Act, 1986, the Central
Government has made the Hazardous Waste (Management & Handling) Rules, 1989 and
published in the official Gazette dated 28.7.1989. The Hazardous Waste (Management and
Handling) Rules of 1989 were promulgated by the Ministry of Environment and Forests
(MoEF) under Section 6, 8 and 25 of the Environment (Protection) Act of 1986. These rules
provide for the control of generation, collection, treatment, transport, import, storage and
disposal of wastes listed in the schedule annexed to these rules.

The Rules lay down corresponding duties of various authorities such as MoEF, CPCB,
State/UT Govts., SPCBs/PCCs, Port Authority and Custom Authority while State Pollution
Control Boards/ Pollution Control Committees have been designated with wider
responsibilities touching across almost every aspect of Hazardous wastes generation, handing
and their disposal.

SALIENT FEATURES

These Rules define “Hazardous Wastes” and provide specific schedule in which wastes are
listed for application of the rules. The occupier generating hazardous waste has obligation to
take all practical steps to ensure that such wastes are properly handled and disposed of without
any adverse effect, which may result from such wastes. The occupier shall also be responsible
for proper collection, transportation, treatment, and storage and disposal of these wastes either
by himself or through the operator of a facility.

The Rules entail definition of hazardous wastes, and responsibility of generators and of
regulatory agencies (including State Pollution Control Boards, State Government and Central
Government) with regard to collection, transport, handling, treatment and disposal of
hazardous wastes. The rules also elaborate the regulatory regime for import of hazardous
wastes for reuse/recycling. According to these rules, import of hazardous wastes for dumping
and disposal shall not be permitted; and permission for import will be given for reprocessing
or reuse as raw material subject to case by case examination of the facilities provided for
treatment and safe disposal of residue wastes and also emissions.

The State Pollution Control Boards (SPCB) and the State governments implement these rules,
which are applicable to 18 categories of wastes. In order to be subject to regulation, however,
the rules set a threshold amount of hazardous waste in each category. No regulation applies at
levels below the threshold. The implementing authorities, especially the State Pollution Control
Boards (SPCBs), have had difficulties identifying hazardous waste generating units using the
18 categories listed in the Schedule to the Hazardous Waste Rules. The state governments were
also unable to identify hazardous waste landfill sites, and this was given as the reason for the
mismanagement of hazardous waste generated by industries. In view of this, after deliberations

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spanning over four years, amendments were finalized and authorities were notified on January
8, 2000. The following are the most salient features of the amended rules:

• The kinds of wastes include waste oil, wastes from paints and varnishes, wastes from
manufacturing of pesticides and herbicides and residues and discarded containers of
hazardous and toxic wastes to name a few.
• Schedule 1 delineates the processes generating hazardous wastes and streams that are
covered by the definition. Installations that generate hazardous wastes in the processes
described are covered under the rules.
• A listing of concentration limits of constituents in the wastes is indicated in Schedule
2. These concentration limits are used as limits to classify the wastes.
• Schedule 3 introduces Lists A and B of the Basel Convention, which were adopted as
Annexure VIII and IX to the Convention in 1998, to enumerate substances subject to
import and export regulation.
• Responsibility for identification of sites for common treatment, storage and disposal
Facilities and individual toxic substance disposal facilities is assigned not merely to the
state government, but also to the industrial associations responsible for the waste
generation.
• Provisions relating to import and export of hazardous waste for recycling are expanded
to incorporate a streamlined procedure. In addition, requirements under the Basel
Convention regarding illegal traffic have also been incorporated.
• Rules on design, setup and closing of landfill facilities are elaborated.
• A system for tracking hazardous wastes from the point of generation to the disposal site
is introduced.
• A fee for authorization and import is prescribed.
• Duties for occupier and operator are provided.
• Design and setting up of disposal facility.
• The Rules also have a provision for appeal. An appeal shall lie, against any order of
suspension or cancellation or refusal of an authorisation by the State Pollution Control
Board to the State Government and to the Ministry of Environment and Forests in the
case of the Central Pollution Control Board.2
• Technology and standards for re-refining or recycling have also been prescribed under
Rule 21.

CONCEPTUAL ANALYSIS OF THE TERM ‘HAZARDOUS WASTE’ UNDER

HAZARDOUS WASTE (MANAGEMENT AND HANDLING) RULES
Hazardous waste can be defined as any substance, excluding domestic and radioactive wastes,
which because of its quantity and/or corrosive, reactive, ignitable, toxic and infectious
characteristics causes significant hazards to human health or environment when improperly
treated, stored, transported and disposed. Hazardous wastes refer to wastes that may, or tend
to, cause adverse health effects on the ecosystem and human beings. These wastes pose present
or potential risks to human health or living organisms, due to the fact that they are non-
degradable or persistent in nature; can be biologically magnified; are highly toxic and even
lethal at very low concentrations. To determine the nature of hazard, the criteria that would be
followed is toxicity, phyto-toxicity, genetic activity and bio-concentration of the substance. So
far, there is no uniformly accepted international definition of what constitutes hazardous

2
Rule 18, Hazardous Waste (M & H ) Rules, 1989.

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wastes. Different substances are hazardous at different concentrations, at different time scales.
In India, the Hazardous Waste Rules 1989, defined 18 categories of wastes, when handled
above a certain quantity, as hazardous. These are listed in the Schedule to the Rules. The 1989
Rules however did not make any provision for imports. It was included in the amended Rules
of 2000.

Rule 3 (14) of the said rules define "Hazardous waste" to mean any waste which by reason
of any of its physical, chemical, reactive, toxic, flammable, explosive or corrosive
characteristics causes danger or is likely to cause danger to health or environment, whether
alone or when in contact with other wastes or substances, and shall include-
(a) wastes listed in column (3) of Schedule-1;
(b) wastes having constituents listed in Schedule-2 of their concentration is equal to or more
than the limit indicated in the said Schedule; and
(c) wastes listed in Lists 'A' and 'B' of Schedule-3 (Part-A) applicable only in case(s) of import
or export of hazardous wastes in accordance with rules 12, 13 and 14 if they possess any of the
hazardous characteristics listed in Part-B of Schedule-3.

According to the HW (M, H & TM) Rules, any waste, which by virtue of any of its physical,
chemical, reactive, toxic, flammable, explosive or corrosive characteristics causes danger or is
likely to cause danger to health or environment, whether alone or when in contact with other
wastes or substances has been defined as “hazardous wastes” and includes wastes generated
mainly from the 36 industrial processes referred under Schedule - I of the said Rules. In
addition, some wastes become hazardous by virtue of concentration limits as well as hazardous
characteristics listed under Schedule - II of the said Rules. The hierarchy in management of
hazardous waste is to reduce, reuse, recycle and re-process and final option of disposal of
wastes having no potential for value addition, in disposal facilities in an environmentally sound
manner.

Classification: Hazardous wastes have been classified into following categories:

a) Chemicals:
Most hazardous chemical wastes can be classified into five groups: synthetic organics,
inorganic metals, salts, acids and bases, and flammables and explosives. Some of the chemicals
are hazardous because they are highly toxic to most life forms.
b) Flammable wastes:
Most flammable wastes are identified as hazardous chemical wastes. This dual grouping is
necessary because of the high potential hazard in storing, collecting and disposing of
flammable wastes. These wastes may be liquid, gaseous or solid, but most often they are
liquids. Typical examples include organic solvents, oils, plasticisers and organic sludges.
c) Explosives:
Explosive hazardous wastes are mainly ordnance (artillery) materials, i.e., the wastes resulting
from ordnance manufacturing and some industrial gases. Similar to flammables, these wastes
also have a high potential for hazard in storage, collection and disposal, and therefore, they
should be considered separately in addition to being listed as hazardous chemicals. These
wastes may exist in solid, liquid or gaseous form.

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SETTING UP OF OPERATING FACILITY

Availability of reliable "operating facility" is an important requirement for effective

management of hazardous wastes. The operator can be a government agency, an industry
Association or a joint venture/private sector company. Treatment of Hazardous waste is a
costly proposition. It also needs continuity to run the treatment unit. The facility demands
specialized supervision and instrumentation. Only a dedicated operating agency can offer a
solution. Rule 5 (4) of the Hazardous Waste (Management & Handling) Rules, 1989 expects
that the proposed operator should possess appropriate facilities, technical capacities and
equipment to handle hazardous wastes safely. Further, the very fact that the rules provide for
transfer of responsibility by permission to the operator, means that the rule presupposes that
the operating agency will do such work more efficiently than the generator. To this end, CPCB
has brought out guidelines for setting up of operating facility for hazardous waste management.

REGULATION OF ‘HAZARDOUS WASTE’ UNDER THE HAZARDOUS

WASTE (MANAGEMENT AND HANDLING) RULES

Duties and Responsibilities of the Operator under the Rules –

(i) The occupier or the operator3 of the facility shall be responsible for proper collection,
treatment, storage and disposal of hazardous wastes.4

(ii) The occupier who intends to get his hazardous wastes treated by the operator of the facility,
shall give to the operator of facility such information as may be specified by the State Pollution
Control Board or Committee.5

(iii) It shall be their responsibility to ensure that the wastes are properly handled, and disposed
of without any adverse effects on the environment.

(iv) In order to minimise any danger due to accident, all persons working in the site shall be
informed, trained and equipped to ensure their safety.6

(v) Every occupier generating hazardous wastes, whether having the facility or not for
collection, reception, treatment, transportation, storage and disposal of hazardous wastes, shall
make an application in the prescribed form along with requisite fee for authorisation to the
Member Secretary of the State Pollution Control Board or any officer designated by the Board
for grant of authorisation. If the occupier or recycler does not have a waste treatment or disposal
facility of his own and one who is operating in an area under the jurisdiction assigned by the
State Pollution Control Board or Committee, shall use Common Treatment Storage and
Disposal Facility (TSDF) by becoming a member of the facility. The State Pollution Control
Board shall not issue an authorisation unless it is satisfied that, the applicant possesses
appropriate facilities, technical capabilities and equipment to handle hazardous wastes safely.
If he does not possess appropriate facilities, then the State Pollution Control Board may refuse

3
‘Operator’ of a facility means a person who owns or operates a facility for collection, reception, treatment,
storage and disposal of hazardous wastes.
4
Rule 4, HW (M&H) Rules 1989.
5
Rule 4, HW (M&H) Rules 1989.
6
Rule 4 -A, HW (M&H) Rules 1989.

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to grant any authorisation, but the applicant must be given a reasonable opportunity of being
heard.7 The occupier is also under an obligation to renew the authorisation granted at the
appropriate time. Under the 1989 Rules, the authorisation granted was to be in force for the
period of five years from the date of issue or from the date of renewal, unless it was suspended
or cancelled. However, under the 2003 Amendment no limitation to the validity of
authorisation is specified and the same is at the discretion of SPCB’s due to which renewal of
authorisation does not take place at regular intervals.

(vi) Under Rule 7 (1), the occupier or operator of a facility shall ensure that hazardous wastes
are packaged, based on the composition in a manner suitable for handling, storage and
transport. The labelling and packaging should be easily visible and able to withstand physical
conditions and climatic factors. Packaging, labelling and transport of hazardous wastes shall
be in accordance with the provisions of the Rules made by the Central Government under
Motor Vehicles Act, 1988 and other guidelines issued from time to time.8

(vii) Where the hazardous waste to be treated, stored and disposed is generated in a state other
than the state where it is generated, the occupier shall obtain ‘No Objection Certificate’ from
the State Pollution Control Board or Committee of the concerned State or Union Territory
Administration where the facility is existing.9

(viii) The occupier generating hazardous waste and the operator of a facility for collection,
reception, treatment, transport, storage and disposal of hazardous waste shall maintain records
of such operation regularly in the form provided for such purpose under the Rules and shall
also send the annual returns to the State Pollution Control Board.10

(ix) Where an accident occurs at the facility or on a hazardous waste site during transportation
of hazardous wastes, the occupier or the operator shall report immediately to the State Pollution
Control Board or Committee about the accident.11 However, the Rules are silent about the fact
that if any other person other than the occupier or operator reports the matter of accident to
SPCB, will his report be entertained by the SPCB.

(x) One of the most important modifications to the old Rules is related to placing the
responsibility for identification of disposal sites on the shoulders of the occupier, industrial
associations or proponent of common treatment, storage and disposal facility as well as the
State Government.12 As per the Hazardous Wastes (M & H) Rules 1989, this responsibility was
entirely assigned to the State Governments and their delays in finding the facility was a major
reason for improper disposal of wastes.

(xi) The occupier, any association or operator of a facility, as the case may be, shall design and
set up disposal facility as per the guidelines issued by the Central Government or the State
Government as the case may be. Before setting up of the disposal facility, the designs and
layout of the facility shall be approved by the State Pollution Control Board.13 The occupier or

7
Rule 5, HW (M&H) Rules 1989.
8
Rule 7, HW (M&H) Rules, 1989.
9
Rule 7 (6), HW (M&H) Rules, 1989.
10
Rule 9, HW (M&H) Rules 1989.
11
Rule 10, HW (M&H) Rules 1989.
12
Rule 8, HW (M&H) Rules 1989.
13
Ibid.

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the operator shall be responsible for safe and environmentally sound operation of the facility.14
For this purpose, once the site is identified, they shall undertake environmental impact
assessment of the selected site and shall submit the EIA Report to the State Pollution Control
Board or Committee.15

In many cases, it is found that the generator does not discharge his duties effectively. For
example, in Indian Council for Enviro-Legal Action v. Union of India,16 serious damage was
being caused to the environment by certain industries producing toxic chemicals in Bicchri, a
small village in Udaipur District of Rajasthan. The manufacturing of the toxic chemicals gave
rise to enormous quantity of highly toxic waste and the waste was not treated properly. Because
of its effect, it spread disease, death and disaster in die village.

Stepwise Protocol for Notification for Hazardous Waste Disposal Site As per
Rule-8

Candidate sites

Identification of candidate sites by State Government or operator of TSDF or Association of

occupiers based on preliminary EIA (Environment Impact Assessment)

Selection of any appropriate site based on detailed EIA

Request to State Government for notification of selected site

Issue of public notice by State Pollution Control Board for public hearing

Invitation of objection and suggestion within 30 days (action by State Government)

Public hearing as per the ‘EIA Notification’

Permission to acquire land before notifying the site (action of State Government)

Notified site for disposal of hazardous waste and publication of inventory of disposal sites

14
Rule 8, HW (M & H) Rules 1989.
15
Rule 8(3), HW (M&H) Rules 1989.
16
AIR 1996 SC 1446.

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It is interesting to note that the new amendment Rules categorically state that, not only the set-
up and operation details be incorporated in the design exercise, but the closure and post closure
activity too should be detailed right at the design site.17 The implementation of the provisions
of the Rules is done through the State Pollution Control Boards and Pollution Control
Committees in respective states and union territories. The Rules impose certain responsibility
on these bodies to ensure the proper implementation of the provisions of the Rules.

Responsibility of the State Pollution Control Boards and Pollution Control

Committees under the Rules

(i) Grant of Authorisation: One of the most important duties of the SPCBs is to grant
authorization for activities like collection, treatment, storage and disposal of hazardous wastes.
The Board will grant authorisation only when it is satisfied that, operator of the facility or the
recycler, as the case may be, possesses appropriate facilities, technical capabilities to handle
hazardous waste safely.18

However, in many cases, the State Pollution Control Board has granted authorisation without
confirming the fact that, whether the operator has adequate facility for treatment, storage and
disposal of hazardous wastes. In M.C. Mehta v. Union of India,19 (Ganga Pollution case), Mr.
M. C. Mehta filed a writ petition, alleging that, many industries located on the banks of the
river and populated areas of Kanpur and Calcutta were discharging trade effluents into the river
Ganga, which were highly toxic and hazardous in nature, making the water unfit for any further
use. The industrialists pleaded that most of them could not install treatment plants since they
involved huge investments. The Court ruled that, the financial capacity of the tanneries should
be considered as irrelevant while requiring them to establish primary and secondary treatment
plants. Just like an industry which cannot pay minimum wages to its workers cannot be allowed
to exist, a tannery which cannot set up a primary treatment plant cannot be permitted to
continue to be in existence, for the adverse effect on public at large which is likely to ensure
by discharge of toxic wastes from the tannery to the river Ganga would be immense and it will
outweigh any in convenience that may be caused to the management and the labour employed
by it on account of its closure. The Court directed the tanneries to install treatment plants within
six months and ordered the U.P. Pollution Control Board to enforce the orders of the Court
faithfully.

Despite establishing the Pollution Control Boards, the industries have continued to violate the
safety norms with impunity. The Rules do not prescribe standard conditions and therefore
conditions imposed for acquiring authorisation for disposal of hazardous wastes may differ
from case to case due to which environmentally sound management cannot be accomplished.

(ii) Cancellation of Authorisation granted: The Pollution Control Board has the authority to
suspend or cancel the authorisation if it finds that, the authorised person has failed to comply
with any of the conditions of the authorisation or with any provisions of the Act or the Rules.
However, before suspension or cancellation, the Board shall give such person an opportunity

17
Rule 8(3), (4) (5), (6), (7), HW (M&H) Rules, 1989.
18
Rule 5 (2), HW (M & H) Rules 1989.
19
(1988) 1 SCC 471.

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to show cause and give such authorised person an opportunity to show cause and give reasons
for such failure.20

(iii) Power of Renewal: Member-Secretary, State Pollution Control Board or any Officer
designated by the Board shall have the power to renew the authorisation only after examining
the documents and other details like, submission of annual return by the occupier or operator
of facility, steps taken by the applicant for reduction and prevention in the waste generated or
for recycling or reuse, fulfilment of conditions prescribed in the authorisation regarding
management in an environmentally sound manner of wastes by the applicant etc.21 However,
no limitation to the validity of the authorisation has been specified in 2003 Amendment22 and
the same is at the discretion of the SPCBs due to which renewal of the authorization does not
take place at regular intervals. If there is inaction on the part of the authorities in checking
whether handling and disposal facilities of the hazardous waste are being operated in an
environmentally sound manner, the occupier or the operator who violates the law will escape.23

In K. Purushotam Reddy v. U.O.I.24 the petitioner sought the issuance of a writ of mandamus
to direct the respondent to strictly follow the 1989 Rules while handling and disposing used oil
for re-refining or re-processing and disposal of wastes generated during the process. The Court
ordered accordingly:
“Having regard to the facts and circumstances of this case and particularly in view of the fact
that thousand kilolitres of such waste lubricants are recycled for its reuse, it is necessary that
all authorities including the A.P. State Pollution Control Board must strictly comply with the
provisions of the said Rules. We further direct that in the event if any person is found to be
unauthorisedly handling such hazardous waste products and or if any person authorised
therefore violates any of the terms and conditions or directions or any law operating in the
field, the State Pollution Control Board should take strict view of the matter and shall take
steps for cancellation of their authorisation”.

Thus, the State Pollution Control Boards must at regular intervals renew the licenses, and if the
industry is violating any norm, the license granted must be cancelled.

(iv) Maintenance of Records: The SPCB or Committee is vested with a duty to maintain a
register containing particulars of the conditions imposed under the Rules for any disposal of
hazardous waste, on any land or premises.25 The authorities are to prepare inventories of
hazardous wastes and information related to its treatment and disposal based on returns filed
by the occupier or the operators.

(v) Identification of sites, public hearing etc: The State Pollution Control Board or the
Committee also plays an important role in the identification of the sites for the purposes of
disposal of hazardous wastes. When the operator of a facility submits the Report of the
Environment Impact Assessment to the State Pollution Control Board or Committee, the Board
or Committee, after being satisfied with the EIA Report, cause a public notice for conducting
a public hearing as per the procedures provided under Environment Impact Assessment

20
Rule 6 of HW (M&H) Rules, 1989.
21
Rules 5 (8) of HW (M&H) Rules, 1989.
22
Rule 5(6) (i), HW (M&H) Rules 1989.
23
Gargi shah and Ramya Mahesh, Safety Norms for Unsafe Wastes: Hazardous Wastes in India,
The Law Review, vol.3, 2004, p.97.
24
Writ Petition No.29629 of 1998 A.P. High Court 20 June 2001.
25
Rule 5 (9), HW (M&H) Rules, 1989.

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notifications and its amendments. The Report submitted by State Pollution Control Board is
very important since the State Government takes a decision in granting or refusing to grant
sanction as to use of facility identified for the purpose of waste disposal on the basis of this
report.26

(vi) Monitoring: The State Pollution Control Board shall monitor the setting up and operation
of a facility regularly.27

Responsibility of the State Government under the Rules

The main responsibility of the State Government under these Rules is to identify the disposal
sites for the purpose of disposing the hazardous wastes after ascertaining the suitability of the
sites through Environmental Impact Assessment studies. The State Government shall, within
30 days of receiving the documents of Environment Impact Assessment as well as public
hearing in relation to the sites identified by the operator of the facility, occupier or any
association for the purpose of disposing the wastes shall complete the assessment and convey
its decision as to approval or refusal of using the sites identified for setting up of the facility
for treatment, storage and disposal of hazardous waste. It is also the responsibility of the State
Government to compile and publish periodically the inventory of such hazardous waste
disposal sites and facilities. The State Government shall also set up an on-site facility for
treatment, storage and disposal of hazardous wastes for captive use and it shall be governed by
the authorisation procedure as laid down in Rule 5.28

Thus, the on-site facility provided by the State Government under the purview of authorities,
whereby an initial impact assessment executed will no longer make it possible to dispose of
the wastes in municipal dumps or in any manner that is not environmentally sound. On the
other hand, it leaves scope to explore possibilities for recycling, reuse, recovery and treatment
for safe storage and disposal on site. Further, the units must be willing to undertake such
responsibility to minimise risks to environmental resources before the grant of authorisation.

Waste Trade (Import, Export and Transport of Hazardous Waste) and Illegal Traffic of
Hazardous Waste

Developed countries have strict environmental norms that place tighter restrictions and involve
high costs on domestic disposal of hazardous wastes in an environmentally sound manner.
Consequently, the cost of production could not take into account the cost of waste disposal,
which lead the industrial sectors of developed countries to ship such wastes to third world
countries at lower costs. The third world countries neither have the infrastructure nor stringent
regulations to deal with such imports. Investigations by environmental groups like Green Peace
and Toxic Links reveals that waste traders export huge quantities of hazardous wastes to India
due to its low environmental standards and lax of enforcement of laws.

26
Rule 8 (4), (5), HW (M&H) Rules 1989.
27
Rule 8A (3), HW (M&H) Rules 1989.
28
Rule 8, HW (M&H) Rules 1989.

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A. Import of hazardous wastes29

Import of hazardous wastes into India for disposal or dumping is banned. However, the
permission may be granted by the State Pollution Control Board for importing wastes for the
purpose of recycling or reuse. Rule 11 of the HW (M&H) 1989 Rules categorically state the
following:

1. Import of hazardous wastes from any country to India shall not be permitted for dumping
and disposal of such wastes. However, import of such wastes may be allowed for processing
or re-use as raw material, after examining each case on merit by the State Pollution Control
Board or by an officer authorised in this behalf.
2. The exporting country or the exporter as the case may be, of hazardous wastes shall
communicate to the Central Government30 of the proposed trans-boundary movement of
hazardous wastes.
3. The Central Government shall, on being satisfied that the import of such hazardous wastes
is to be used for processing or reuse as raw material grant permission for the import of such
wastes subject to such conditions as the Central Government may specify in this behalf. If,
however, the Central Government is not satisfied with the communication received, it may
refuse permission to import such hazardous wastes.
4. The Central Government or the SPCB, as the case may be, shall inform the concerned Port
Authority to take appropriate steps regarding the safe handling of the hazardous wastes at the
time of off-loading the same.
Further, Rule 12 of the HW (M&H) 1989 Rules state the Ministry of Environment and Forests
to be the Nodal Ministry to deal with the trans-boundary movement of hazardous wastes and
to grant permission of transit of hazardous wastes through any part of India.31

B. Illegal Traffic
The 2003 Rules also deal with “Illegal Traffic of Hazardous Waste”. The movement of
hazardous wastes from or to the country shall be considered illegal:
(i) if it is without prior permission of the Central Government; or (ii) if the permission has been
obtained through falsification, mis-representation or fraud; or (iii) it does not conform to the
shipping details provided in the document.

In case of illegal movement of hazardous waste, the provision is made to ship the waste back
to the exporter or exporting country within 30 days or the waste shall be disposed of within 30
days from the date of loading in accordance with the procedure laid down by the State Pollution
Control Board or Committee in consultation with the Central Pollution Control Board.32 The
occupier exporting hazardous waste from the country or the exporter exporting hazardous
waste to the country and importer importing hazardous waste into the country shall ensure that

29
Rule 11, Hazardous Waste (M&H) Rules, 1989.
30
Ministry of Environment and Forests.
31
Rule 12 (2), Hazardous Waste (M&H) Rules, 1989.
32
Rule 15, HW (M&H) Rules, 1989.

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the waste in question is safely stored and shipped or disposed of in an environmentally sound
manner within thirty days from the date of off-loading.
In spite of the above provisions, India has become the dumping ground for hazardous waste.
Thousands of tonnes of toxic waste are illegally shipped to India for recycling or dumping,
despite a New Delhi Court order banning import of toxic materials.33

Import of banned hazardous substances

The biggest issue escaping the notice is that a very large amount of hazardous substances are
imported, if not their waste. For example, substances like arsenic, selenium and thallium and
unimaginable amounts of mercury are imported. The waste of all these is banned for import or
export.

Hazardous waste trade is complicated and the management of waste is even more complicated.
It involves many different dealers, working surreptitiously behind different loopholes and
clauses, exporting under different names and different products. Further, the Customs
Department, where the import of waste is checked before the entry into the country, is poorly
staffed and ill-equipped to intercept hazardous waste. Then equipment for surveillance does
not exit. For instance, most ports have to manually test consignment; such investigations can
only gauge one-fourth of all the waste that pours in. Moreover, customs laboratories do not
have gadgets to detect contaminants. For example, under 2003 amendment Rules
polychlorinated biphenyls should be “below detection limit”. If the equipment is poor,
polychlorinated biphenyls will never be detected. Even when intercepted, port authorities do
not know what to do with hazardous waste.

The Basel Convention regulates hazardous waste trade by requiring the exporting country to
seek permission from the country it wants to send its waste to. But it is only an informed
consent convention. The real challenge lies with the importing country, which has to decide, in
the interests of its own people, if it has the ability to manage, process and recycle the waste
without adding to its environmental damage. This also demands that importing countries must
decide what they will allow and revise their own list of hazardous waste it will ban.

The regulation and management of hazardous substances will cost the Indian economy. It will
cost money to regulate the trade. And if not regulated, it will cost the health of people. The rest
of the world is realising these costs and it is precisely because their cost of management of
hazardous waste is increasing that they are finding cheaper options in Indian markets. It is clear
that Indian recycling is in the small sector, which is largely unregulated and unchecked for its
quality of work and waste.

Despite the Supreme Court order regarding the ban of hazardous waste imports, there has been
illegal traffic in India. In Research Foundation for Science Technology National Resource
Policy v. Union of India,34 the Court directed that no authorisation or permission would be
given by any authority for the import of hazardous waste items, which have already been
banned by the Central Government or by any order made by any Court or any other authority,
and no import would be made or permitted by any authority or any person of any hazardous
waste already banned under the Basel Convention or to be banned thereafter with effect from
33
Research Foundation for science, Technology and Natural Resource Policy, Nevr Delhi v. Union of India and
ors. (Writ Petition No.657 of 1995 Supreme Court 13 October 1997).
34
Writ Petition No.1995 SC 5 May 1997.

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the dates specified therein. In view of the magnitude of the problems and its impact, the State
Governments were directed to show cause as to why an order not be made directing closure of
units utilising the hazardous waste, where provision is not already made for requisite safe
disposal sites. It was further ordered that cause to be shown as to why immediate order should
not be made for closure of all unauthorised hazardous waste handling units. The Supreme Court
has identified two aspects relating to illegal import consignments that have been cleared and
have already found their way into the market. In respect of this category of illegal imports the
Court directed that, “action against all concerned shall be taken by the concerned authorities in
accordance with law”.

The second aspect relates to the stock of such wastes lying at various ports or Freight Stations.
This can be again divided into two categories. Firstly, those banned under the Hazardous Waste
Rules as amended up to date and secondly, those falling under a banned category in terms of
the Basel Convention. The Court further observed: such consignments have either to be re-
exported, if permissible or destroyed at the risk, costs and consequence of the importer. There
cannot be any question of permitting these consignments making their ways into the Indian
soil.

In conclusion, is a complete ban on the imports of hazardous waste practical? The question
raises two important issues:
(i) The need to have serious implementation of the regulations; and
(ii) The need for facilities conducting recycling, reuse and final disposal in an environmentally
sound manner.
If these issues are addressed, waste trade industries can become a source of revenue for
importing countries.

Procedure for registration and renewal of registration of recyclers and re-refiners

Another important amendment that has been made under the 2003 Rules is the inclusion of
procedure for registration and renewal of registration of recyclers and re-refiners of non-ferrous
metal wastes. Rule 19 deals with the procedure which is as under:

 Every person desirous of recycling or re-refining non-ferrous metal wastes as specified

in Schedule 4 or used oil /waste oil, shall register himself with the Central Pollution
Control Board.
 Every application for registration under this Rule shall be made along with a copy of
the necessary documents to the Central Pollution Control Board for the grant of such
registration or renewal.
 If the Central Pollution Control Board is satisfied that the recyclers or re-refiners
possess requisite facilities, technical capabilities, and equipment to recycle or re-refine
the wastes and dispose of the hazardous wastes generated, it shall grant a certificate of
registration to such recycler or re-refiner.
 The certificate of registration granted shall be valid for a period of two years from the
date of its issue unless suspended or cancelled earlier.
 The Central Pollution Control Board may cancel or suspend a registration or renewal
granted under these Rules, if in its opinion the registered recycler has failed to comply
with any of the conditions of registration, or with any provisions of the Act or Rules
made thereunder after giving him an opportunity of being heard and after recording the
reasons therefor.

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  An appeal against any order of suspension or cancellation or refusal of registration or
renewal passed by Central Pollution Control Board shall lie with the Secretary, Ministry
of Environment and Forests.

Rule 20: Responsibility of waste generator

 Any waste oil which does not meet the specifications laid down in Schedule 6 shall
not be auctioned or sold but shall be disposed of in hazardous wastes incinerator
installed with air pollution control devices and meeting emission standards.
 The waste generators and auctioneers shall ensure that the wastes are not allowed to
be stored for more than ninety days and shall maintain a record of auctions and sale of
such wastes and make these records available to the State Pollution Control Board or
Committee for Inspection.
 The waste generators and auctioneers shall file annual returns of auction and sale
latest by 31st day of January of every year to the respective State Pollution Control
Board or Committee.

CONSTITUTIONAL VALIDITY OF THE RULES

The legality and constitutionality of HWMH Rules came to be questioned in Research

Foundation for Science Technology National Resource Policy v. Union of India35 cases which
related to the impact of ship-breaking operations. Should imports of all hazardous/toxic wastes
be banned? Should the rules be amended in conformity with the BASEL Convention? In the
first case, the Court allowed dismantling and anchoring of ships in ports in view of the huge
demurrage charges incurred by the ship owner and clearance given by the authorities. It was
suggested that comprehensive code had to be formulated and adopted on the dismantling
procedure in strict compliance with the Basel convention. In the second case, it was argued that
without adequate protection of the workers and the public and without any provision for sound
environment management and disposal of hazardous/toxic wastes, the Hazardous Wastes
(Management & Handling) Rules, 1989 violated the fundamental rights guaranteed under the
Constitution. The court appointed a high-power committee to study the issues in detail.
However, while considering the issues of oil leakage and ship breaking, the court desired to
apply the precautionary and polluter pays principles and found it feasible to dispose of the oil
by incineration which would have no impact on the environment. India has to strictly comply
with the Basel and Marpol (marine pollution) conventions to minimize such discharges in
connection with accidents involving ships. The court held that all hazardous materials
recognized as hazardous under the Basel convention are to be totally banned. In fact, the
provisions of HWMH Rules 1989 are in aid and not in derogation of constitutional provisions.
According to the court, if necessary, the government can amend the Rules in lines with both
the Basel convention and Arts. 21, 47 and 48A of the Constitution.

MANAGEMENT OF HAZARDOUS WASTES: ISSUES AND OPTIONS

As experienced over the years and particularly in the writ Petitions filed before the Hon'ble
Supreme Court36 and the High Court of Delhi,37 the realities are far short of the expectations in
the rules. This is primarily due to lack of preparedness on the part of concerned organizations.
35
(2012) 7 SCC 764.
36
Writ Petitions No. 657 of 1995.
37
Writ Petition No 819 of 1997.

19 | P a g e
The rules cannot stand alone without necessary back up of enforcement mechanism. While
framing the rules, it is necessary to assess the capabilities as well as shortcomings, and to evolve
the action plane for strengthening wherever needed. For instance, the State Pollution Control
Board have been already saddled with the tasks of enforcing the provisions of the Water and
Air Pollution Control Acts besides enforcement of several other regulations including the
conducting of public hearing in respect of projects before granting environmental clearance.

In addition, the Boards are also expected to enforce the rules for management and handling of
hazardous wastes. In order to do justice to such multifarious responsibilities the Boards need
commensurate support in terms of funds, professional manpower and infrastructure. Such an
important requirement has not yet been properly addressed.

In views of the fact that the reprocessing units in the country leave much to be desired,
environmentalist demand a blanket ban on import of wastes. On the other hand, the recycling
industry and its beneficiaries are opposed to such proposition on the ground that it will
adversely affect the economy, and it will be unfair to those entrepreneurs who have adopted
environmentally acceptable methods. It is also pointed out that not all the wastes are toxic and
hazardous.

The Hazardous Wastes (Management and Handling) Rules, the Basel Convention
recommendations and Court orders do not impose blanket ban on import of wastes. The
restriction is only in respect of select categories of hazardous wastes and the important
precondition for permitting import of wastes is to ensure its safe handling, treatment and
disposal in an environmentally acceptable manner.

Specific issues:

 Proper treatment, storage prior to treatment or disposal and safe disposal of HWs is the
need of the hour. The site to be selected for this purpose should fulfil certain criteria.
The methodology of site selection may differ from country to country. In India,
unauthorized dumping of HWs is however continuing and in most of the places, the
HW is being utilized to fill the low-lying areas, which is not acceptable.
 There is no proper secured landfill facility available in India to dispose of Hazardous
Wastes. Guidelines are available in India for Management and Handling of HWs.
Unsuitable sites may be projected as suitable sites if the available guidelines are not
clearly specified.
 In some developed countries, the industries prefer to export their wastes to other
countries. This has led to increased trade in trans-boundary transfer of wasters,
particularly to the developing countries. The coverage of the Basel Convention is
limited to transfer of hazardous wastes from OECD to Non- OECD countries.
 The laboratory facilities are insufficient for analysis of hazardous wastes.
 The Rules do not provide any standards or technologies to be adopted for the proper
collection, treatment storage and disposal of wastes, by the generator or the occupier.
 There is a probability of occurrence of wastes in more than one category; and the above
classification system does not give any information to understand the toxic
characteristics of HW.
 Lack of training in Waste Management.
 Availability of qualified waste management professionals is limited.
 Insufficient budget to cover the costs associated with developing proper waste
collection, storage, treatment and disposal.

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  Limited environmental awareness combined with low motivation has inhibited
innovation and the adoption of new technologies that could transform waste
management in India.
 Very few industries in India own proper treatment and disposal facilities.
 Lack of administrative and infrastructural facilities.
 Population growth and development of megacities.
 Lack of will on the part of the SPCBs to impose punitive measures upon the industries.

SUGGESTIONS
1. To find feasible processes and technologies for waste avoidance and minimization and
this should be done on a regular interval.

2. Waste which cannot be reused or recycled must be disposed of in an environmentally

sound manner. Depending on the waste category, the mode of safe and environmentally
sound disposal should be adopted. Design and operational norms of such facilities,
either captive or common should strictly adhere to the guidelines framed by the Central
Pollution Control Board. Supervision of such facilities during construction stage would
be necessary to ensure quality of the construction of the disposal facilities as per
guidelines of Central Pollution Control Board. Post-closure monitoring of the disposal
facilities would also be necessary.

3. The pollution Control Boards/Committees set up under the Water (Prevention &
Control of Pollution) Act. 1974 are entrusted with the implementation of Hazardous
Waste (Management & Handling) Rules, 1989 under the Environment (Protection) Act,
1986. The existing infrastructure requires strengthening for effective enforcement.

4. Analytical methods are required to be standardized for characterization of wastes

specialized training for the concerned personnel is also required.

5. Ports need to designate an environment Cell for handling of hazardous wastes. The
SPCBs should closely interact with the port authorities. For this purpose, local
coordination committee may be set up.

6. Emergency response system in the SPCBs is required to be set up for tackling accidents
involving hazardous chemicals/ wastes.

7. Considering the large number of small and medium-sized hazardous waste generators
in the States, it is necessary to set up the common hazardous waste disposal facility
involving professionally competent, private sector organization and State Industries
Development Authorities.

8. Standardization of methods for analysis of parameters required in hazardous waste

management.

9. Training of scientists and engineers in India and abroad for enforcement of HWM is
required in the field of hazardous waste disposal and legal administration.

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 CONCLUSION
In India, a comprehensive legislative framework has been in place for over a decade for
addressing various issues related to hazardous waste management. However, on the
implementation front, there is a significant backlog.

Rapid industrialization in last few decades have led to the depletion of natural resources and
increase in pollution in the country. Though there are certain rules and regulation cited by the
Central Government for reduction of hazardous waste and for the minimization of hazardous
effect on the environment still hazardous wastes are stored, transported, disposed or managed
unsystematically causing health and environmental related problems. Given the wide variations
in quantity and nature of waste generated across states and union territories and also
considering the wide variations in climatic as well as hydro-geological conditions in different
regions of the country, the approach to waste management has to be essentially state-specific.
There is an urgent need to move to more sustainable waste management, and this requires new
management systems and waste management facilities. Current waste management systems are
inefficient, with waste having a negative impact on public health, environment and the
economy. National and International laws governing hazardous waste primarily focus on the
disposal of such wastes instead of prevention of its generation. In order to avoid generation of
such wastes, clean production schemes should be followed by industries. To this effect,
national and international legislations should adopt policies towards monitoring inputs of
production. Establishment of such policies requires a scientific approach, which the Pollution
Control Boards cannot single-handedly formulate without technical assistance and financial
aid. This necessitates the constitution of separate hazardous wastes body. Although the Rules
have been amended, there has been no significant change in the degree of degradation of the
environment as the compliance to the rules is variable and limited.
The core of the problem lies more in the need for effective implementation of existing laws
than in the execution of more stringent laws. Technical assistance would act as an aid to carry
on tasks such as preparing inventories of disposal sites, conduct of environmental audits,
identification of new industrial sites and relocation of old industries and setting up common
treatment storage and disposal facility with environmentally sound technologies.

Developing countries should learn from the experiences of developed nations regarding their
hazardous waste management system and its related problems and also keep looking for new
and innovative solutions that achieve a better fit with the limited resources available to
developing countries. The rules framed by MoEF regarding hazardous waste should be
followed strictly by the industries and regulatory body should be assigned for regular
monitoring purpose.
The current situation is that India relies on inadequate waste infrastructure, the informal sector
and waste dumping. There are major issues associated with public participation in waste
management and there is generally a lack of responsibility towards waste in the community.
There is a need to cultivate community awareness and change the attitude of people towards
waste, as this is fundamental to developing proper and sustainable waste management systems.
India faces challenges related to waste policy, waste technology selection and the availability
of appropriately trained people in the waste management sector. Until these fundamental
requirements are met, India will continue to suffer from poor waste management and the
associated impacts on public health and the environment.

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 REFERENCES

ARTICLES AND REPORTS

I. Dutta, S.K., Upadhyay, V.P & Sridharan, U., “Environmental Management of

Industrial Hazardous Wastes in India”, Journal of Environmental Science and
Engineering (2006) 143-150.
II. Report of the High-Powered Committee on Management of Hazardous Wastes,
Volume I, Volume II and Volume III (2001).
III. K. Jeevan Rao, “Environmental issues in developing countries”, Environment &
People, Vol.6 No. 1(1999) 21-23.
IV. A.K. Saxena and Yogesh Gupta, “Environmentally Sound Management of Hazardous
Wastes”, Encyclopaedia of Life Support Systems (EOLSS), available at:
www.eolss.net/Eolss-sampleAllChapter.aspx (visited on 24.03.2019).

BOOKS REFERRED

I. Leelakrishnan, P. Environmental Law in India, New Delhi: LexisNexis, 4th

edition, Reprint 2016.
II. Divan, S. and Rosencranz, A. Environmental Law and Policy in India: Cases,
Materials and Statutes, New Delhi: Oxford, 2nd edition, 2002.
III. Jaswal, P.S. and Jaswal, N. Environmental Law, Haryana: Allahabad Law
Agency, 2nd Edn., 2003.

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