UNIT V / VIth SEMESTER / ENVIRONMENTAL LAW

Environment Protection Act, 1986, ECO-Mark, Environmental Audit – Coastal Regulation Zone,
Environment Impact Assessment: Discretionary Model and Mandatory Model, - Regulation on Bio-
Medical Waste – Disposal of Solid Waste.

Eco-Mark:
Ecomark is a certification mark issued by the Bureau of Indian Standards (BIS) for products which
are ecologically safe and adheres to the standards prescribed by the BIS. It was first issued in 1991 by
a resolution. It is issued by the Ministry of Environment and Forests. Products that meet the
prescribed environmental criteria, as well as quality standards set by BIS, will be issued the
ECOMARK label.
ECOMARK – What is the Bureau of Indian Standards (BIS)?
A national standard body, BIS has been established under the BIS Act 2016 for the harmonious
development of the activities of standardization, marking and quality certification of goods and for
matters connected therewith or incidental thereto. Aspirants can go through the details on the Bureau
of Indian Standards Act 2016 on the link provided here. BIS has various functions like:
 It provides safe reliable quality goods
 It minimizes health hazards to consumers
 It promotes exports and imports substitute
 It controls over the proliferation of varieties etc. through:
o Standardization

o Certification and

o Testing

What is Eco-Mark?
The Government of India has instituted a scheme for labeling environment-friendly products to be
known as ECO Mark. Eco-mark is issued by the Bureau of Indian Standards (BIS) as a certification
mark for the products which are ecologically safe conforming to the standards prescribed by the BIS.
The Eco-mark scheme falls under the ambit of the Ministry of Environment, Forest and Climate
Change. The scheme first saw its application in 1991.
Eco-Marks helps in identifying eco-friendly products in the market. The mark is being issued in
around 16 categories like food, medicines, chemicals, electronic goods, paper, lubricating oils,
packing materials, etc.
Objectives of ECO MARK Label Scheme
1. To offer an incentive to producers and importers to reduce the adverse impact of their
products on the environment.
2. To reward good initiatives companies take in order to reduce the adverse environmental
impact of their products.

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 3. To encourage consumers to be more environmentally aware in their day-to-day lives and urge
them to take into account environmental factors also before making a purchase decision.
4. To promote environmentally-safe products among citizens.
5. To improve environmental quality and promote sustainable management of resources.
ECOMARK Certificate and Licensing
Manufacturers will have to apply for an ECOMARK label for testing and certification. BIS will carry
out the necessary testing and certification process. Once the product gets a label, it can carry the
ECOMARK label for a prescribed time period after which it will have to apply again for a renewed
license to carry the mark. The minimum period for which the award is given is one year. The award
may be withdrawn by the BIS if they find any misleading information. It can also withdraw the award
in case of technology advancement or any other valid reason.
ECOMARK Criteria
The products that come up for certification will be assessed for the following main environmental
impacts:
1. They have substantially less potential for pollution when compared to similar products in
terms of usage, production, and disposal.
2. They are recycled, recyclable, or made from recycled or biodegradable materials.
3. They make a significant contribution towards preserving non-renewable resources.
4. They must contribute to the decrease in the adverse primary criteria that has the highest
environmental impact associated with the product’s use.
Points to be considered while determining the primary criteria for a product:
1. The process of production including the source of raw material.
2. The case of natural resources.
3. Likely impact on the environment.
4. Energy conservation in the product’s production.
5. Effect and extent of the waste emanating out of the process of production.
6. Product and product container disposal.
7. Use of waste and recycled materials.
8. Sustainability for recycling or packaging.
9. Biodegradability

ECO Mark Scheme

ECO Mark Scheme was instituted by the Government of India for labeling of environment friendly
products. The Scheme is being administered by the Bureau of Indian Standards.

The Scheme covers various product categories like Soaps and Detergents, Paints, Food Items, Lubricating
Oils, Packing/Packaging Materials, Architectural Paints and Powder Coatings, Batteries, Electrical and

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Electronic Goods, Food Additives, Wood Substitutes, Cosmetics, Aerosols and Propellants, Plastic
Products, Textiles, Fire-extinguisher, Leather and Coir & Coir Products.
The presence of ECO Logo along with ISI Mark on a product indicates that the product meets certain
Environmental criteria along with the Quality requirements as specified in the relevant Indian Standard.
 
For implementation of the Scheme, BIS is responsible for the following functions:

 Renewal, Suspension and Cancellation of the Licence

 Undertaking Inspections and taking Samples for analysis of any material or sub¬stance in relation

to which the ECO Mark has been used.

 
The combination of ISI Mark and ECO Logo is as given below:

 To operate the Scheme, BIS has included additional requirements for ECO Mark in the concerned Indian
Standards. The terms and conditions governing operation of the Licence shall be as per the Bureau of
Indian Standards Act, Rules and the Regulations framed thereunder.
Previous

Environmental Audit:
What is environmental auditing?
Environmental auditing is essentially an environmental management tool for measuring the
effects of certain activities on the environment against set criteria or standards. Depending on
the types of standards and the focus of the audit, there are different types of environmental
audit. Organisations of all kinds now recognise the importance of environmental matters and
accept that their environmental performance will be scrutinised by a wide range of interested
parties. Environmental auditing is used to
 investigate
 understand
 identify
These are used to help improve existing human activities, with the aim of reducing the
adverse effects of these activities on the environment. An environmental auditor will study an
organisation's environmental effects in a systematic and documented manner and will
produce an environmental audit report. There are many reasons for undertaking an

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environmental audit, which include issues such as environmental legislation and pressure
from customers.
What’s it: An environmental audit is a systematic examination to assess a company’s
environmental responsibility. It aims to identify environmental compliance, verify
environmental responsibility implementation gaps whether they meet stated objectives, along
with related corrective actions.
The audit examines the potential hazards or risks posed by the company. Areas examined
may include company environmental policies and procedures, energy use practices,
recycling, waste, conservation, and pollution. Then, the company can use the results to
determine what changes need to be made for compliance.
What is the importance of an environmental audit?
In a broad sense, environmental auditing aims to help protect the environment and minimize
the risks of business activities to the environment and human safety and health. Whereas, in
the company’s perspective, it aims to check whether the company has complied with the
environmental regulations and requirements and achieved the previously set environmental
goals.
Environmental audits are important for several reasons:
To build a good company reputation. Environmental audits can strengthen the company’s
image. For example, although it may not be fully compliant, the improvement efforts made
will be seen as a positive step by the public. And, if it is compliant, it can lead to positive
publicity, encouraging the public not to hesitate to continue buying products from the
company.
 Audits help businesses become more sustainable. It also creates new marketing
opportunities with other consumers. For example, companies use formal recognition
or accreditation as a tool to create preferences for the company’s products.
To avoid negative campaigns. Increasing external demands for environmental responsibility
by pressure groups and environmental activists are forcing companies to check their
compliance with environmental requirements. The increasing concern for the environment
has made these demands more and more popular. If the company is not compliant, for
example, they can campaign to boycott its products.
To adapt and comply with more stringent environmental regulations. Governments
adopt more stringent environmental regulations and standards, usually by international
consensus. It forces companies to comply if they do not want to be penalized.
Then, when done properly, a comprehensive environmental audit can uncover problem areas
and provide recommendations for follow-up. So, the company can fix it before its reputation
is destroyed and regulatory problems arise.
Finally, environmental audits have several objectives, including:
 Assess the company’s compliance with laws and regulations and other relevant
requirements.

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  Establish a performance basis for planning and developing an environmental
management system.
 Promote good environmental management.
 Maintain credibility with the public.
 Raise awareness and enforce the company’s internal commitment to environmental
policies.
 Minimize risk exposure from environmental issues to health and safety.
What do environmental auditors do?
Environmental auditors are responsible for examining and reviewing the company’s
environmental policies and procedures. From the results obtained, and if they are not
satisfactory, they then prepare protocols to implement better environmental policies and
standards.
In addition to thoroughness, communication skills, report writing skills, and strong
organizational skills, environmental auditors must also understand environmental
management systems, including environmental management laws and ISO 14001.
Then, the environmental auditor’s duties can vary widely between jobs. That could include:
 Plan audit methodology and procedures.
 Check the company’s facilities and operational procedures, for example, by
conducting field visits.
 Conduct interviews and meetings with key company people.
 Assess the company’s compliance with environmental regulations and guidelines set
by the government and the company.
 Analyze audit documentation and data to prepare audit findings reports.
 Present audit findings.
The auditor may also have to make recommendations to correct nonconformities or improve
the company’s environmental performance. They can also contribute to developing an action
plan to implement the recommended changes.
What are the types of environmental audits?
Three main types of environmental audits:
 Environmental compliance audit – evaluates a company’s environmental
performance and environmental responsibility practices, whether the company has
complied with legal requirements and other requirements such as ISO 14001. It is
usually the most comprehensive and, perhaps, the most expensive.
 Environmental management audit – verifies whether the company has met the
environmental objectives, policies, and performance set by management.

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  Functional environmental audit – focuses on one element or impact of a particular
activity, such as wastewater management audits, materials, and air quality monitoring.
What are the benefits of an environmental audit?
Environmental audits and their results provide useful input to:
 Provide management with information about the management and performance of the
company’s environment as input for making decisions,
 Identify risks related to environmental responsibility and take action to implement
them,
 Ensure company operations comply with environmental laws and requirements and, if
not, take necessary corrective actions,
 Identify environmental management system weaknesses before they cause problems,
 Develop organizational culture and increase environmental awareness among people
within the company,
 Identify opportunities for improvement in environmental management and
performance to drive increased efficiency and cost savings,
 Improve company transparency to stakeholders such as government, customers, and
investors to support long term good relationships with them,
 Encourage positive publicity by publishing audit results, thereby enhancing the
reputation and image of the company, and
 Develop marketing strategies and strengthen brand equity, encourage consumers to
remain loyal to the company.
What are the limitations of an environmental audit?
While contributing to supporting environmental sustainability, there are some limitations to
environmental audit, including:
 Audits can be time-consuming and expensive to perform and are therefore not suitable
for small businesses with limited financial resources.
 Companies may simply take advantage of positive publicity without actually
intending to be environmentally responsible.
 Internal audits can be biased and lead to a consistently good environmental record, but
this is not the case.

Coastal Regulation Zone:

Introduction
 The coastal areas of seas, bays, creeks, rivers, and backwaters which get influenced
by tides up to 500 m from the high tide line (HTL) and the land between the low tide
line (LTL) and the high tide line have been declared as coastal regulation zone
(CRZ) in 1991.

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  The coastal regulation zones have been declared by the Ministry of Environment,
Forest and Climate change under the Environment Protection Act 1986.
 While the CRZ Rules are made by the Union environment ministry, implementation is
to be ensured by state governments through their Coastal Zone Management
Authorities.
HTL and LTL
 High Tide Line: HTL means the line on the land up to which the highest water line
reaches during the spring tide.
 Low Tide Line: Similarly, it means the line on the land up to which the lowest water
line reaches during the spring tide.
 Spring tides: The position of both the sun and the moon in relation to the earth has
direct bearing on tide height. When the sun, the moon and the earth are in a straight
line, the height of the tide will be higher. These are called spring tides and they occur
twice a month, one on full moon period and another during new moon period.
Importance of Regulation of Coastal Zones
 Protection of ecologically Sensitive Areas like mangroves, coral reefs which act as a
shield against tsunami and cyclone
 Improving the lives of coastal communities like fishing communities
 Resilient measures for mitigating impacts of Climate Change and high-intensity
Cyclones
 To balance development with conservation of the coastal environment
Timeline of CRZ regulations
 In India, the Coastal Regulation Zone (CRZ) Rules govern human and industrial
activity close to the coastline, in order to protect the fragile ecosystems near the sea.
 They restrict certain kinds of activities — like large constructions, setting up of new
industries, storage or disposal of hazardous material, mining, reclamation and bunding
— within a certain distance from the coastline.
 Coastal Regulation Zone (CRZ) notification was first issued in 1991 by Ministry of
Environment, Forest and Climate Change (MoEFCC) under Environment
(Protection) Act, 1986 with the mandate to take measures to protect and conserve our
coastal environment.

Shortcomings of CRZ 1991:

 Uniform regulations for the entire Indian coastline without taking into
account the diversity in terms of biodiversity, demographic patterns,
natural resources, etc.

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  Laid no clear procedure for obtaining CRZ clearance.
 Post clearance monitoring and enforcement mechanism was not laid
out.
 Measures/rules to check pollution emanating from land-based activities
were not included.
 Caused hardships to traditional communities living in ecologically
sensitive coastal stretches (fishermen, slum dwellers, etc.).
 Several amendments were made in the CRZ 1991 notification which was consolidated
and issued in the CRZ 2011 notification. The CRZ 2011 notification took into
account the issues of CRZ 1991.

Objectives of CRZ 2011:

 To conserve and protect coastal stretches;

 To ensure livelihood security to the fishing & local communities living
in the coastal areas;
 To promote development in a sustainable manner based on scientific
principles, taking into account natural hazards and sea-level rise.
 In December 2018, Union cabinet approved the Coastal Regulation Zone (CRZ)
Notification, 2018.

o CRZ 2018 notification is based on recommendation of Shailesh Nayak

committee constituted by the MoEFCC in June 2014 for comprehensive
evaluation of provisions under CRZ 2011 notification as demanded by various
coastal States/UTs along with other stakeholders
Classifications of Coastal Zones under CRZ Notification 2011
 CRZ-I (ecologically sensitive areas like mangroves, coral reefs, biosphere reserves
etc.).

o No new construction shall be permitted in CRZ-I except

 Projects relating to the Department of Atomic Energy;

 Construction of trans-harbour sea link and roads without affecting the
tidal flow of water, between LTL and HTL. Etc.
o Between Low Tide Line and High Tide Line in areas which are not
ecologically sensitive, the following may be permitted;

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  Exploration and extraction of natural gas;
 Construction of basic amenities like schools, roads, etc. for traditional
inhabitants living within the biosphere reserves;
 Salt harvesting by solar evaporation of seawater;
 Desalination plants;
 Storage of non-hazardous cargo such as edible oil, fertilizers within
notified ports;
 CRZ-II (Areas which are developed up to the shoreline and falling within the
municipal limits; includes built-up area – villages and towns are that are already well
established),

o Buildings are permissible on the landward side of the hazardous line.

o Other activities such as desalination plants are also permissible.
o Some construction is permitted only as per guidelines specified by the
notification.
 CRZ-III: Areas that are relatively undisturbed and do not fall under either in
Category I or II and also include rural and urban areas that are not substantially
developed.

o Between 0-200 metres from HTL is a No Development Zone where no

construction shall be permitted.

 Only certain activities relating to agriculture, forestry, projects of

Department of Atomic Energy, mining of rare minerals, salt
manufacture, regasification of petroleum products, non-conventional
energy sources and certain public facilities may be permitted in this
zone.
o Between 200-500 metres of HTL, those permitted in 0-200 metres zone,
construction of houses for local communities and tourism projects are
permissible.
 CRZ-IV: The aquatic area from low tide line up to territorial limits is classified as
CRZ-IV including the area of the tidal influenced water body.

o There is no restriction on the traditional fishing undertaken by local

communities.
o No untreated sewage or solid waste shall be let off or dumped in these areas.

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  A separate draft Island Protection Zone Notification has been issued for protection
of the islands of Andaman & Nicobar and Lakshadweep under Environment
(Protection) Act, 1986.
Procedure for Clearances under CRZ 2011
A specific procedure has been provided in the 2011 Notification for obtaining project
clearance.
 Rapid Environment Impact Assessment (EIA) Report;
 Disaster Management Report and Risk Management Report;
 CRZ map indicating HTL and LTL demarcated;
 No Objection Certificate from the concerned Pollution Control Boards;
 The clearance accorded to the projects shall be valid for a period of five years.
Ecologically sensitive areas (ESA) given Special Dispensations under CRZ 2011
 Sunderbans, Gulf of Khambat and Gulf of Kutch, Malvan, Achra-Ratnagiri in
Maharashtra, Karwar and Coondapur in Karnataka, Vembanad in Kerala,
Bhaitarkanika in Orissa, Coringa in East Godavari and Krishna in Andhra Pradesh
would be declared as Critical Vulnerable Coastal Areas (CVCA) and the integrated
management plan would be prepared for each of these areas in consultation with the
local communities.
 Beaches such as Mandrem, Morjim, Galgiba and Agonda in Goa have been
designated as turtle nesting sites and protected under the Wildlife Protection Act,
1972.
 No developmental activities shall be permitted in these areas.
Shailesh Nayak Committee Report on Coastal Regulation Zone
 Shailesh Nayak committee was constituted in June 2014, and it submitted its report in
January 2015.
 The committee recommended relaxation on the terms set up by the CRZ 2011
notification. The major objective behind the recommendations was to boost tourism,
port construction and real estate.
 The committee suggested diluting the regulatory powers of the Central Government in
the coastal areas. Except for those activities which require environmental clearances
all other activity should fall under the ambit of state and local planning bodies.
 Based on the recommendations of Shailesh Nayak committee, the suggestions were
given by the coastal states and union territories, and the CRZ 2018 notifications were
issued.

Environment Impact Assessment:

Environmental Impact Assessment (EIA)

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EIA full form is Environmental Impact Assessment. In simple terms, the meaning of EIA is
that it is a process through which an environmental impact of a proposed development is
evaluated. While undertaking Environmental Impact Assessment (EIA), the inter-related
socio-economic, cultural, and human-health impacts are considered. This topic is important
from the IAS Exam perspective. Read on to know the following:
What is Environmental Impact Assessments?
It is a process of evaluating the likely environmental impacts of a proposed project or
development, taking into account inter-related socio-economic, cultural, and human-health
impacts, both beneficial and adverse. EIA is a tool used to assess the positive and negative
environmental, economic, and social impacts of a project. This is used to predict the
environmental impacts of a project in the pre-planning stage itself so that decisions can be
taken to reduce the adverse impacts.
Evolution & History of EIA
EIA is termed as one of the best policy innovations in the 1900s. The main aim of EIA is to
conserve the environment and bring out the best combination of economic and environmental
costs and benefits. Read the below-mentioned points to understand the Environmental Impact
Assessment evolution and history:
1. The birth of EIA is dated back to the 1970s. In 1969, The USA had brought its
first National Environment Policy Act (NEPA) 1969.
2. The EIA was initially practised by developed nations but slowly it was also
introduced in developing nations including India.
3. Columbia and the Philippines are the earliest examples of developing nations who
introduced EIA in their policies. Columbia brought it in 1974 while the Philippines in
1978.
4. Worldwide, EIA is now practised in more than 100 countries. By the mid-1990s,
some 110 countries applied EIA as a major environmental policy.
5. In 1989, EIA was adopted as the major development project by the World Bank.
Check the image below to have an idea of major developments around Environmental Impact
Assessment in history:

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Objectives of Environmental Impact Assessment
1. Identifying, predicting, and evaluating economic, environmental, and social impacts
of development activities.
2. Providing information on the environmental consequences for decision making.
3. Promoting environmentally sound and suitable development by identifying
appropriate alternatives and mitigation measures.
Environmental Impact Assessment (EIA) Process
The table below will mention the EIA Process in brief:

Environmental Impact Assessment (EIA) Process

Process Details in Brief

Screening Which projects need a full or partial assessment study is

decided in this stage

Scoping  Which impacts are necessary to be assessed is decided

in this stage. While doing so, legal requirements,
international conventions, expert knowledge, and public

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 engagement are also considered.
 Alternative solutions that avoid or at least reduce the
adverse impacts of the project are also studied in this
stage
 Investigation of alternate designs or sites that avoid or
mitigate impact takes place

Assessment & Evaluation of Environmental impacts of the proposed project are analyzed
Impacts and Development of and light is thrown upon the alternatives present to such
Alternatives projects

EIA Report also called An environmental management plan (EMP) and also a non-
Environmental Impact technical summary of the project’s impact is prepared for the
Statement (EIS) general public in this stage

Decision Making The fate of the project is decided. Whether the project is to be
given approval or not and if it is to be given, under what
conditions

Monitoring, compliance, Monitoring whether the predicted impacts and the mitigation
enforcement and efforts happen as per the EMP
environmental auditing

Importance of Environmental Impact Assessment

1. EIA is a good tool for prudent environment management.
2. It is government-policy that any industrial project in India has to secure EIA clearance
from the Environment Ministry before approval for the project itself.
Current EIA Reports – India
EIA Notification 2020 draft has been made public. Once the EIA Notification 2020 will be
published in the Official Gazette, it will replace EIA notification 2006. EIA has been in the
news following EIA notification 2020 was drafted as one of the amendments will be the
removal of public consultation from several activities (Put under Category B2).
Here are a few important terms/agencies concerning EIA notification 2020 which aspirants
should further read about:
1. Accredited Environment Impact Assessment Consultant Organization (ACO)
2. Central Pollution Control Board
3. Certificate of Green Building
4. Corporate Environment Responsibility

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 5. Eco-Sensitive Area/ Eco-Sensitive Zone
Environmental Impact Assessment In India
 EIA started in India in 1976-77 when the Planning Commission directed the
Department of Science & Technology to assess the river valley projects from the
point of view of the environment. This was extended for all those projects that
required approval from the Public Investment Board.
 Then, in 1986, the government enacted the Environment (Protection) Act which made
EIA statutory. The other main laws in this regard are the Indian Wildlife (Protection)
Act (1972), the Water Act (1974), the Air (Prevention and Control of Pollution) Act
(1981), and the Biological Diversity Act (2002).
 In 1982, the Ministry of Environment, Forest and Climate Change set up
the Environmental Information System (ENVIS) to collect, collate, storing,
retrieving and disseminating information related to the environment sector. This
serves as a web-based distributed network of subject-specific databases. The chief
purpose of the ENVIS is to integrate all countrywide efforts to collect, store,
disseminate, and use environment-information for better managing environmental
assessment activities.

Regulation on Bio Medical Waste:

The draft Bio-Medical Waste Rules were published in June 2015 inviting suggestions from
the public. The suggestions/objections received were then examined by the Working Group
of Ministry of Environment, Forest & Climate Change, and based on the recommendations of
the Working Group, the Ministry has published the Bio-Medical Waste Management Rules,
2016.

What is Bio-Medical Waste?

1. Biomedical waste comprises human & animal anatomical waste, treatment apparatus
like needles, syringes, and other materials used in health care facilities in the process
of treatment and research.
2. This waste is generated during diagnosis, treatment, or immunization in hospitals,
nursing homes, pathological laboratories, blood banks, etc.
Latest Context related to Bio-Medical Waste

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As per the figures from the Central Pollution Control Board (CPCB), approximately 146
Tons per day of incremental BMW is generated in the country due to diagnostic activities,
treatment and quarantine of COVID-19 patients, approximately 616 Tons per day of Bio-
Medical Waste (BMW) was generated in the country during 2019.
The National Green Tribunal (NGT) has directed various authorities to ensure compliance
from the biomedical waste management facilities in the country.
The state pollution control boards and pollution control committees (SPCBs/ PCCs) have
authorized 202 Common Bio-medical Waste Treatment and Disposal Facilities (CBWTFs) to
collect and dispose of the BMW, including COVID-19 waste. Further, there are about 18,178
captive disposal facilities installed by individual HCFs for pre-treatment and/ or final
treatment of the BMW.
Bio-Medical Waste Disposal – Importance
1. Scientific disposal of biomedical waste through segregation, collection, and treatment
in an environmentally sound manner minimizes the adverse impact on health workers
and the environment.
2. The quantum of waste generated in India is estimated to be 1-2 kg per bed per day in a
hospital.
3. 85% of the hospital waste is non-hazardous, 15% is infectious/hazardous.
4. Mixing of hazardous results in contamination and makes the entire waste hazardous.
5. There is a necessity to segregate and treat because
6. Improper disposal increases the risk of infection.
7. Encourages recycling of prohibited disposables and disposed drugs and
8. Develops resistant microorganisms
Bio-Medical Waste (BMW) Management Rules, 2016 – Salient Features
1. Bio-medical waste has been classified into 4 categories instead of 10 to improve the
segregation of waste at source.
2. Phase-out the use of chlorinated plastic bags, gloves, and blood bags within two years.
3. The ambit of the rules has been expanded to include vaccination camps, blood
donation camps, surgical camps, or any other healthcare activity.
4. Pre-treatment of the laboratory waste, microbiological waste, blood samples, and
blood bags through disinfection or sterilization on-site in the manner as prescribed by
WHO or NACO.
5. State Government to provide land for setting up common bio-medical waste
treatment and disposal facilities.
6. No occupier shall establish an on-site treatment and disposal facility if a service of
`common bio-medical waste treatment facility is available at a distance of seventy-
five kilometer.

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 7. The new rules prescribe more stringent standards for an incinerator to reduce the
emission of pollutants in the environment;
8. Inclusion of emissions limits for Dioxin and furans;
(Note: Students should read about dioxin and furans and must have a basic idea from UPSC
preliminary exam point of view)
9. Establish a Bar-Code System for bags or containers containing bio-medical waste for
disposal.
10. Provide training to all its health care workers and immunize all health workers
regularly.
Will this Make a Big Difference to Clean India Mission?
Yes, the newly framed bio-medical waste management rules are expected to change the way
India used to manage this waste earlier- How?
1. Under the new regime, the coverage has increased and also provides for pre-treatment
of lab waste, blood samples, etc.
2. It mandates a bar code system for proper control and it has simplified categorization
and authorization.
3. Most importantly it has a time target of two years to phase-out the use of chlorinated
plastic bags, gloves, and blood bags.

Disposal of Solid Waste:

What is Solid Waste Management?
The system of collection, treatment, and disposal of discarded solid material which has
served its purpose or is not useful anymore is Solid Waste Management. Improper disposal of
solid waste results in unhygienic conditions which further leads to pollution in the
environment. Such conditions are responsible for outbreaks of various diseases, and these
conditions, in turn, can lead to pollution of the environment and outbreaks of vector-borne
disease. Though the management of solid waste is considered to be essential for better living
conditions it suffers lack of proper implementation. The rules regarding the same look good
on paper but the execution of such rules and guidelines has been abysmal. The authorities
responsible for it, suffer from administrative as well as economic problems which are
essential to be solved. Every step taken in the direction is a step towards better living
conditions and sanitary surroundings. The importance of Solid Waste Management is being
realized by various NGOs which have been making the public aware of the part they may
play and also encouraging the authorities to step up and perform their duties.
What are Sources of Solid Waste?
The lacunas seriously affect the health of humans, wildlife, and fauna. We all are aware of
the consequences of the pollution of the water bodies and the air we breathe. The solid waste

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has way too many sources and each kind requires a different method of collection, treatment
and finally disposal. Some common sources are:
1. Residential: which includes food waste, leather, glass, metal, plastic, used oil,
even old batteries and other electronics etc.
2. Industrial: includes housekeeping wastes, packaging wastes, construction material
and waste, medical waste etc; most of which are hazardous in nature.
3. Commercial Units: it usually has a waste of both residential and industrial kind
depending upon the area of operations.
4. Institutional: this is from offices, education institutes.
5. Construction and Demolition Areas: waste from construction, repair, and
demolition is included in this like concrete, wood, copper wires and other metals,
plastic, steel materials, glass etc
6. Treatment Plants and Sites: Treatment plants, for example, water treatment
plants etc; also produce waste which necessarily should be disposed of.
7. Agriculture: Among the wastes they produce are pesticide containers, spoiled food,
waste from the other products used etc.
8. Biomedical: The waste generated from hospitals, biomedical equipment, and
chemical manufacturing units which include syringes, bandages, used gloves,
chemicals
What Are Laws For Solid Waste Management?
Municipal Solid Wastes (Management and Handling) Rules, 2000apply to every municipal
authority which is responsible for ‘collection, segregation, storage, transportation, processing
and disposal’ of municipal solid wastes. According to the Act, Municipal Solid Waste
includes commercial and residential wastes generated in municipal or notified areas, in either
solid or semi-solid form, including treated bio-medical wastes but excluding industrial
hazardous wastes.
It has now been replaced by Solid Waste Management Rules (SWM), 2016. It has extended
the jurisdiction of the act beyond ‘municipal area’ to cover the ever-growing limits of the
development. The act is now applicable to
1. every urban local body,
2. Outgrowths in urban agglomerations,
3. Census towns as declared by the Registrar General and Census Commissioner of
India,
4. Notified areas, notified industrial townships,
5. Areas under the control of Indian Railways,
6. Airports, airbases,
7. Ports and harbors,

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 8. Defense establishments,
9. Special Economic Zones,
10. State and Central government organizations,
11. places of pilgrims, religious and historical importance as may be notified by the
respective State government from time to time
12. Every domestic, institutional, commercial and any other nonresidential solid waste
generator situated in the areas;
Except for industrial waste, hazardous waste, hazardous chemicals, biomedical wastes, e-
waste, lead-acid batteries and radioactive waste, that are covered under separate rules framed
under the Environment (Protection) Act, 1986.
This act is more elaborate and sets better guidelines for the authorities to follow.
According to the Act, ‘solid waste’now includes solid or semi-solid domestic waste,
commercial waste, sanitary waste,catering and market waste, institutional waste and other
non residential wastes, street sweepings, silt removed or collected from the surface drains,
agriculture and dairy waste, horticulture waste, treated bio-medical waste (excluding
industrial waste, bio-medical waste, and e-waste, battery waste, radioactive waste generated
in the area under the local authorities and other entities according to the act)
What are Features Introduced in the Solid Waste Management Rules (SWM), 2016?
The term ‘waste generator’:
It means and includes
 every person,
 group of persons,
 every residential premise,
 nonresidential establishments including Indian Railways, defense establishments;
 Which generate solid waste?
Duties of waste generators are elaborated in the act. Every waste generator shall:
1. segregate and store the waste generated categorized as –bio-degradable,
nonbiodegradable and domestic hazardous wastes in suitable bins and handover
segregated wastes to authorized waste pickers or waste collectors;
2. wrap the used sanitary waste like diapers, sanitary pads etc. securely, in any suitable
wrapping material and be placed in the dry waste/ non- bio-degradable waste bin;
3. Construction and demolition waste and horticulture waste and garden waste shall be
stored separately and be disposed of as per the directions Construction and
Demolition Waste Management Rules, 2016;

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  A waste generator shall not throw, bury or burn the solid waste generated by him,
anywhere on the streets, open public spaces outside individual’s premises or in any
drain or water body.
 The organizer of an event or gathering of more than one hundred persons at any place
must ensure segregation of waste at source and handing over of segregated waste to
waste collector
 A street vendor necessarily has to keep suitable containers for storage of waste
generated during the course of his activity and must deposit such waste at waste
storage depot or container or vehicle as per the notification of the local body.
 all resident welfare associations, market associations, hotels and restaurants and
gated communities and institutions with more than 5,000 sqm area should ensure
segregation of waste at the source by the generators as per the rules, facilitate the
collection of waste so collected, give recyclable material to either the authorized
recycler or waste pickers. The bio-degradable waste must be treated and disposed of
through proper methods.
The duty of manufacturers/brand owners of disposable products, sanitary napkins, and
diapers as elaborated below:
1. Manufacturer/ brand owners of disposable products (glass, tin, plastics, and
packaging, etc) must assist the local authorities in the establishment of the waste
management system.
2. Such packaging material must be nonbiodegradable.
3. a system to collect back the ‘packaged waste’ generated due to their products must be
put in place.
4. Manufacturers/ brand owners of sanitary napkins and diapers must consider the
likelihood of using recyclable materials in their products and packaging or provide a
pouch or wrapper for disposal
5. Manufacturer/ brand owners and marketing companies require taking steps to educate
the public about wrapping and disposal of their products.
Waste to energy process. The new act states that
1. Nonrecyclable waste with 1500 K/cal/kg or more of calorific value must not be
disposed of in landfills instead be utilized for generation of energy.
2. High calorific wastes must be used for co-processing in thermal power plants or
cement.
3. The State Pollution Control Board or Pollution Control Committee, upon on receiving
an application under the act for setting up waste to energy facility, must examine it
and grant the required permission within 60 days.
Setting-up solid waste processing and treatment facility

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  The department dealing with the allocation of land will provide
a suitable land for setting a solid waste processing and  treatment facility.
 The facility will obtain necessary approvals from the prescribed authority. It shall be
responsible for all the processing and treatment of the solid  waste
 The operator of such facility must submit an annual report to the State Pollution
ControlBoard/ Pollution Committee and Local authority.
Solid waste management in hilly areas: In addition to the general rules, some more
provisions are given for hilly areas.
 No construction of landfills on the hill. A transfer station at a suitable enclosed
location must be set up to collect residual and inert waste.
 A suitable Landis required being identified down the hill (within 25 km) for setting up
a sanitary landfill in plains. The residual waste from the transfer station shall be
disposed of at this sanitary landfill.
 The local body must frame some bye-laws to prohibit the public from littering the
streets.
 Strict direction to the tourists must be provided to not dispose of any waste example-
water bottles, liquor bottles, soft drink cans, paper, and tetra packs etc anywhere in the
streets, instead dispose of it in the litter bins placed appropriately by the local
authorities.
 The local body may levy solid waste management charge on the tourist at the entry
point
 Any other steps that the local body deems necessary to make solid waste management
sustainable must are taken up.
The revised act has laid down detailed duties for the various Ministries and
officials which are not only elaborate but also are upgraded so as to meet the demands
of the clean environment. The act provides duties of:
 The Department of Fertilizers, Ministry of Chemicals and Fertilizers,
 The Ministry of Agriculture, Government of India,
 The Ministry of Power,
 The Ministry of New and Renewable Energy Sources,
 The Secretary–in-charge, Urban Development in the States and Union territories,
 Central Pollution Control Board,
 State Pollution Control Board or Pollution Control Committee
 District Magistrate or District Collector or Deputy Commissioner,
 The Secretary–in-charge of Village Panchayats or Rural Development Department in
the State and Union territory, and

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  Local authorities and village Panchayats of census towns and urban agglomerations.
The act also provides for the Standards of processing and treatment of solid waste as
namely:
 Composting meaning a supervised process that involves microbial decomposition of
organic matter.
 Treated leachates that mean ‘liquid that seeps through solid wastes or other medium
and has extracts of dissolved or suspended material from it’
 Incineration meaning a supervised process that involves burning or combustion of
solid waste to thermally degrade waste materials using high temperatures.
The Ministry of Environment, Forest and Climate Change will be responsible for the overall
supervision and implementation of these rules. A committee named: Central Monitoring
Committee shall be constituted, functioning under the Chairmanship of Secretary, Ministry of
Environment, Forest and Climate Change comprising officer not below the rank of Advisor/
Joint Secretary from the various ministries and subject matter expert.

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