Regulation of Hazardous Substance in India

Introduction:

Industries using dangerous materials are certainly playing a vital role in the economic growth and advancement of the well-being of the people in the country in the current age of open global market economy, but at the same time, they are creating problems of danger to human life and the environment. The most harmful amounts of waste come from major factories, petroleum refineries, producers of chemicals and pesticides, mines and synthetics and firearms producers. Around 33 million tonnes of hazardous waste are produced annually worldwide and usually dumped at sea or burned in poorly filtered incinerators, allowing toxic fumes and ash to escape. Hazardous waste has a significant effect on both human life and the environment, so an efficient legal system must be thoroughly controlled.

What are Hazardous Wastes and How do they Harm Us?

Hazardous wastes are wastes that pose a danger to human health or the environment if they are inappropriately handled, transported, treated or disposed of when present in amounts and concentrations that are high enough. Hazardous chemicals include flame retardants, explosives, heavy metals such as lead, arsenic and mercury, by-products of nuclear and fossil fuel, hazardous microorganisms, and dozens of synthetic chemical compounds such as DDT and dioxins.

Section 2(e) of the Environment (Protection) Act, 1986 describes hazardous material as any product or preparation which is liable to cause harm to human beings, other living things, plant microorganisms property or the environment because of its chemical or physicochemical properties or handling.

More than three million tonnes of waste was transported from developed countries to developing countries between 1986 and 1988, according to Greenpeace, as wealthier and more conscious nations were concerned by the dangers of radioactive waste and the cost of its disposal. Thus, the most suitable dustbin is for developed countries.

Exposure to harmful substances may have acute or chronic effects on health. Acute symptoms occur shortly after high-level exposure and vary in severity from rashes to death across different scales.

Chronic effects occur from low exposure levels and typically involve birth defects, miscarriages, lung damage, nervous system etc.

Historical Background

Basel Convention on Transboundary Movements and Management of Hazardous Wastes, 1989

The Basel Convention on the Management of Hazardous Wastes took place on 22 March 1989 at Basel (Switzerland). The Environment Program of the United Nations (UNEP) was established in 1987. The convention was strongly attended by UNEP and developing countries, including the USA. The goal was to make “environmentally sound management a prerequisite for any waste movement across borders.” At least half of the participants in this Conference came from developing countries. The Basel Convention does not forbid and, on the contrary, authorises the export to developing countries of hazardous wastes, given that the parties comply with the terms and restrictions of the Convention. It requires all practicable steps to be taken by the parties to ensure that trans-boundary movement of hazardous waste is carried out in such a way that human health and the environment are protected against the adverse effects that may result from such movement. The Basel Convention is a model collection of guidelines for the sound management of the transport of hazardous waste and contaminants across borders. The Convention demands that each signatory enforce domestic law in compliance with the Convention’s regulations. One of the Basel Convention’s most relevant decisions is to create an immediate ban on the export of all transboundary transfers of hazardous waste intended for final disposal from the OECD to non-OECD States. In addition, the transboundary movement from the OECD to non-OECD states of hazardous waste for recycling or recovery operations is to be phased out by 31 December 1997.

Bhopal Gas Tragedy Case

Facts

1. India experienced one of the most alarming and destructive industrial catastrophes in 1984. In 1970, due to its central location and transportation network, the American Enterprise Union Carbide Corporation (UCC) developed a pesticide plant in a densely populated region of Bhopal. The area was intended to be used for light industrial and commercial activities. The company manufactured Selvin at one-quarter of its capacity during 1984 due to a reduction in capacity. Because of its low reduction in demand, UCIL had arrangements to transport it to another country. The corporation was ignoring safety requirements that the government was aware of because of low revenues, which further led them to be hesitant to enforce strict regulation.
2. Huge quantities of methyl isocyanides consumed the city on 3 December 1984, resulting in a massive loss of life for both humans and animals. This resulted in tremendous loss of life and the hospital was filled with both dead bodies and clueless patients and doctors who were not aware of the cause of death at all or were aware of any care that was not communicated as an excuse by the UCC community that had claimed trade confidentiality.
3. UCC distanced itself from its Indian subsidiary after the incident and sought to invade itself by transferring the responsibility to them from the liability.
4. The gas leak has impacted the lives of many individuals, contributing to numerous skin, respiratory, gastrointestinal, reproductive and neurological disorders. Pregnant women who had to terminate their kids, or had early delivery or infants with foetal defects were the most affected.
5. The complaint was also aimed at the atmosphere. The organisation failed to take constructive responsibility and restore the health environment even after the death of so many individuals. The company dumped a large quantity of hazardous waste outside and inside the plant site during its production year. Nearly all the pollution at the plant site still exists. Such waste has slowly deteriorated and has poisoned the soil and groundwater. This has threatened a lot of people and will continue to spread before it is disposed of properly.

Judgment

In 1986, in September, the Union of India filed a lawsuit in the Hon’ble District Court of Bhopal requesting an interim compensation of Rs. 3.5 billion, but it was decreased to Rs. 2.5 billion by the Madhya Pradesh High Court. UCC appealed to the Hon’ble Supreme Court once again. In the complete settlement of all charges, rights and liabilities related to and resulting from the Bhopal gas calamity, the court ordered UCC to pay 470 Million Dollars (approx. 750 Crore Rupees). In other words, all civil cases have been resolved and criminal proceedings have been discontinued.

In 2010, in Bhopal, seven former officials, including the former UCIL chairman, were convicted of causing death by negligence and sentenced to two years in prison and a $2000 fine.

Legal Control of Hazardous Waste in India

In India, the government began to study waste management and disposal activities of hazardous substances after the Bhopal Gas Tragedy in 1984, after which the government enacted the Environment(Protection) Act, 1986. Section 3 of the Environment (Protection) Act gives the central government the power to take action for environmental protection and enhancement. Specifically, Section 3(ii) empowers the central government to take all the steps it finds essential for the establishment of procedures and precautions for the handling of hazardous substances.

By exercising the powers conferred by sections 6,8 and 25 of the Environment(Protection) Act, 1986, the Central Government implemented the 1989 Hazardous Waste Management Regulations for the control of waste.

Relevant requirements for the handling of hazardous substances were made under those rules. The central government must take into account the hazardous nature of the material and its potential to harm the environment, human beings, etc., before allowing the handling of hazardous substances in an area.

In addition, the government must apply its mind to the availability of a substitute or the state of the art for creating a safe substitute. Thus, before taking decisions on the prohibition and restriction of the handling of hazardous substances, the government is expected to consider all related matters.

The 1989 Hazardous Waste Management (Handling) Rules were replaced by the Hazardous Waste (Management, Handling and Transboundary Movement) Rules on 24 September 2008. In 2009, an amendment was made to the new law.

In addition to the laws laid down in the Environment Act, 1986, provisions relating to the control of hazardous substances are found in the Explosive Substances Act, 1908, Indian Petroleum Act, 1934, Inflammable Substances Act, 1952, Factories Act, 1948, Insecticides Act, 1968 and Regulations of 1971, Atomic Energy Act, 1962, etc. The Public Liability Insurance Act,1991, also deals with coverage for the victims of companies involved in the manufacture of dangerous substances. The Public Liability Insurance Act,1991, also deals with coverage for the victims of companies involved in the manufacture of dangerous substances.

• Hazardous waste (Management and Handling) Rules, 1989

These laws are framed in compliance with the permitting provisions of the Environment Act, 1986(sections 6, 8, 25). They refer to designated waste categories (as defined in the Schedule, e.g. cyanide waste, dye waste) and exempt nuclear waste covered by the Atomic Energy Act,1962; waste discharged from ships under the Merchant Shipping Act,1958; wastewater and exhaust gases covered by the Water Act and Air Act.

• Hazardous Chemicals (Manufacture, Storage and Import) Rules, 1989

These regulations, framed by the Central Department of Environment, Forests and Wildlife, refer to industries that use or store dangerous chemicals that are listed. These rules have been framed with a view to setting obligations regarding the manner of handling, taking appropriate preventive measures in the manufacture, storage and transport of dangerous chemicals, and importing them.

• Hazardous Microorganisms Rules,1989

These Laws took effect in October 1993. They control the manufacture, use, import, export and storage of harmful microorganisms and cells/organisms that are genetically engineered. The regulations were framed not only in accordance with sections 6 and 25 of the 1986 Environment Act but also in accordance with section 8 of the Environment Act, which governs the handling of harmful substances. The regulation is made through a system of numerous committees supervising, updating, and monitoring.

With the exception of the approval of the Genetic Engineering Approval Committee (Rule 7), the handling, development and usage of microorganisms are forbidden.

• Bio-Medical Waste (Management and Handling) Rules,1998

The rules apply to any person who, in any way, creates, gathers, receives, stores, transports, manages, disposes of or handles bio-medical waste. The rules provide for the segregation, packaging and disposal of ten types of bio-medical waste referred to in the Rules Schedule.

The rule requires that every occupant of an institution producing bio-medical waste, including a hospital, a nursing home, a clinic, a clinic, a veterinary institution, an animal house, a pathological laboratory, a blood bank, be obliged to take all steps to handle such waste without adverse effects on human health and the environment. It is given that no untreated bio-medical waste is stored for a duration of 48 hours or more.

• The Hazardous and Other Wastes (Management & Transboundary Movement) Regulations, 2016, have been amended by the Ministry of Environment, Forest and Climate Change to improve the implementation of environmentally sustainable management of hazardous waste in the country.

Highlighted Characteristics of the Hazardous and Other Wastes (Management & Transboundary Movement) Amendment Regulations, 2019

1. The importation, including the Special Economic Zones (SEZ) and Export Oriented Units (EOU), of solid plastic waste into the country has been prohibited.
2. Silk waste exporters have now been granted an exemption from the Ministry of Environment, Forest and Climate Change’s request for permission.
3. Electrical and electronic assemblies and components produced and exported from India can now be imported back into the country within one year of the sale, if found to be faulty, without obtaining permission from the Ministry of Environment, Forestry and Climate Change.
4. Industries that do not need permission under the Water (Prevention and Control of Pollution) Act 1974 and the Air (Prevention and Control of Pollution) Act 1981 are now also exempted from authorization under the Hazardous and Other Wastes (Management & Transboundary Movement) Rules 2016, provided that hazardous and other waste generated by these industries is transferred to the authorization.

State Government Responsibilities for the Environmentally Sustainable Management of Hazardous and Other Wastes have been defined as follows:

1. To set up / allocate industrial space or sheds for hazardous or other waste recycling, pre-processing and other usages.
2. To register the personnel engaged in the operations of recycling, pre-processing and other usages.
3. To create workers’ groups in order to promote the creation of such facilities.
4. To undertake activities for the development of industrial skills and to ensure the safety and health of workers.

Conclusion

National and international laws regulating hazardous waste focus mainly on disposing of such waste, rather than preventing its production. Clean processing schemes should be pursued by companies to stop producing such waste. Policies for controlling output inputs should be implemented by national and international legislation to this effect. The establishment of such policies involves a scientific method that can not be formulated independently by the PCBs without technical assistance and financial support. This includes the creation of a separate body of hazardous waste. While the Laws were changed, no major change has been made in the degree of environmental degradation. The root of the issue lies more in the need to enforce current laws efficiently than in the execution of more rigorous legislation. Technical assistance will serve as an aid for the performance of tasks such as the preparation of disposal site inventories, the conduct of environmental audits, the identification of new industrial sites and the relocation of old industries, and the establishment of popular environmentally sound treatment storage and disposal facilities.

References:

• https://www.researchgate.net/publication/323028874_Hazardous_Waste_Management_in_India_-_A_Review
• http://www.legalservicesindia.com/law/article/1246/14/The-Hazard-of-Hazardous-Waste-Management-in-India-A-Legal-Overview
• https://blog.ipleaders.in/handling-of-hazardous-substances-and-legal-provisions/
• https://vikaspedia.in/energy/environment/waste-management/hazardous-waste/environment-ministry-notifies-hazardous-waste-management-rules-201
• https://vikaspedia.in/energy/environment/waste-management/hazardous-waste/environment-ministry-notifies-hazardous-waste-management-rules-2016