An In-Depth Analysis Of The Indian Legislation Regarding The Waste Management System And Its Implementation
Akshat Anand & Swarna Mullick, Symbiosis Law School, Pune
ABSTRACT
Environmental contamination as a result of inefficient solid waste management is a problem that affects people all over the world. There are several types of waste treatment and final disposal procedures available around the world, with open dumping and open burning being the most common. These methods are particularly widespread in low-income countries. Proper municipal garbage disposal has become a major source of worry around the world as a result of its negative influence on the environment, human health, and the general living conditions of urban families as a result of its unfavourable impact on these factors. Because householders have failed to implement waste management practises that are environmentally beneficial, the amount of garbage produced has increased dramatically. The emphasis in earlier studies on household waste management has largely been on socio-economic issues, with little consideration given to environmental or behavioural elements that influence disposal behaviours and health status in the home. In the past, research on household waste management has mostly concentrated on socio-economic determinants, with little consideration given to environmental and behavioural factors that influence disposal behaviours and general health. The Construction and Demolition Waste Management Rules, 2016, released by the Ministry of Environment, Forests, and Climate Change on March 29, 2016, became effective on April 1, 2016. The legislation represents an attempt to deal with the challenges of pollution and waste management in a more comprehensive manner than has previously been done. This research aims to look at the waste management system in India from the standpoint of efficiency as well as the possible solutions that can be implemented in the country.
Keywords: Waste Management, Disposal, Health
Introduction
Waste management has developed as a significant concern in the country as a result of the country's rapidly growing population and urbanisation. As a result of the introduction of several new gadgets and pieces of equipment, not only has the quantity of garbage increased, but the qualities of waste have also altered dramatically over the course of time. It is projected that over 62 million tons of plastic waste are generated in the country each year, with 5.6 million tonnes of plastic waste and 0.17 million tonnes of biomedical waste being generated[1]. In addition, toxic waste generation totals 7.90 million TPA, with e-waste accounting for 15 lakh tonnes. The amount of waste generated per person in Indian cities varies between 200 grammes and 600 grammes each day (2011). There are 43 million TPA collected, 11.9 million are treated, and 31 million are disposed of in landfill sites.
Only around 75-80 percent of municipal garbage is collected, and only 22-28 percent of it is processed and treated, with the remainder being disposed of indiscriminately in dump yards and landfills. It is predicted that MSW generation will surge to 165 million metric tonnes by the year 2031, and that it will reach 436 million tonnes by the year 2050. Continuing to dump waste at the current rate without treatment will necessitate the development of 1240 hectares per year by 2031, and with the projected creation of 165 million tonnes of waste by 2031, the establishment of a land fill for 20 years with a height of 10 metres will necessitate the development of 66,000 hectares of land[2].
According to a report by a Task Force of the erstwhile Planning Commission, untapped waste has the potential to generate 439 MW of electricity from 32,890 TPD of combustible wastes, including Refused Derived Fuel (RDF), 1.3 million cubic metres of biogas per day, or 72 MW of electricity from biogas.
Literature Review
I. Marimuthu Prashanthi, “Integrated Waste Management in India: Status and Future Prospects for Environmental Sustainability”[3]
This book examines the current state of waste collection and Management and research methods to reduce garbage and turn it into renewable energy sources. It also examines the impact of trash on public health and how to reduce it. Waste disposal, particularly MSW, is a serious environmental issue in Indian cities. Inadequate MSW management puts residents at risk and encourages disease spread. Another big issue is global health and the influence of trash on health. In India, NGOs and social welfare organisations collect and manage rubbish. However, management of waste is still a major issue in rural regions. Academic and industrial research publications focus on current waste management practises, trash strategies, and eco-friendly approaches such bioremediation. The book's research findings will help execute and build a task force to address waste management and energy demand challenges.
II. Rajaram Vasudevan et. al “SOLID AND LIQUID WASTE MANAGEMENT Waste to Wealth”, PHI Learning, 2016[4]
Any nation's economic development is only possible if environmental rules are strictly enforced. Ineffective waste treatment can impact public health, ecosystems, and ultimately the nation's growth and economy. This book is unique in that it covers both solid and liquid waste handling in one volume. It provides a practical perspective to the text by discussing trash management solutions. It also informs the readers about the Indian legislative framework dealing to solid and liquid waste disposal. The technologies described in the book have been tried and tested in India and the US. Thus, communities and enterprises can use these strategies to improve trash management.
Methodology
The Doctrinal Method of Research was utilized in this work. It includes a systematic approach to reaching the study's objectives. The research is both analytical and descriptive in nature. Doctrinal method is based on authoritative textbooks, magazines, journals, newspapers, laws, and documented instances.
Legal Framework: Solid Waste Management Rules, 2016[5]
· The rules now apply to areas other than just municipalities, such as urban agglomerations and census towns as well as industrial towns that have been notified as well as areas controlled by the Indian Railways, international airports, military air bases, ports and harbours and other defense-related facilities.
· Recovery, re-use, and recycling of trash has been made mandatory through the requirement of source segregation.
· If not dumped and recycled appropriately, the solid waste can contaminate the soil and cause serious health hazards to the people living in the vicinity of the dumping grounds.[6]
· Generators now have responsibilities for sorting waste into three categories: "wet (biodegradable), dry (plastic, paper, metal, wood, etc.)", and household hazardous waste (diapers, napkins, empty cleaning agent containers, mosquito repellent containers, etc.). These wastes must be given to authorised rag-pickers, waste collectors, or local bodies after they have been separated into their respective categories.
· A Self-Help Organisation or any other society should be formed to integrate waste pickers, rag pickers, and Kabadiwalas (waste dealers) into the formal system.
· Solid garbage generated by a person shall never be thrown, burned, or buried on public streets, open public places outside of a person's property, or down the drain or into bodies of water.
· The garbage collector will charge the generator a 'User Fee' and a 'Spot Fine' for Littering and Non-segregation, respectively.
· Diapers, sanitary pads, and other used sanitary goods should be placed in bins for dry waste / non-biodegradable garbage and securely wrapped in pouches supplied by the makers or product manufacturers of these products.
· The concept of Swachh Bharat collaboration has been rolled out. Direct responsibility for sorting and segregating waste has been given to power generators, market groups, event organisers, hotels, and restaurants in conjunction with municipal authorities.
· To ensure that food waste can be composted or converted to bio-methane, all restaurants
· All recyclable materials should be explored by sanitary napkin and diaper manufacturers, brand owners, or marketing companies; alternatively, each napkin and diaper packet should come with a container for their proper disposal.
· All of these businesses, whether they're manufacturers, brand owners, or marketing firms, owe it to their customers to spread awareness about proper product packaging and disposal.
· Within six months of receiving notice of these guidelines, all industrial units that use fuel and are within 100 kilometres of an RDF plant based on solid waste must develop plans to replace at minimum 5% of their fuel needs with RDF produced in this manner.
· Disposable garbage with calorific content of 1500 kcal/kg or so more shall not be dumped of on landfills and must only be used for energy generation either through discard derived fuel or as feed stock for the preparation of refuse derived fuel.
· "The Construction and Demolition Waste Management Rules, 2016[7]" state that construction and demolition waste must be stored and disposed of separately.
· The garbage from his garden and horticulture should be disposed of in accordance with the local authority's instructions.
· Organizers of events or gatherings with more than 100 attendees, whether at a licenced or unlicensed location, are required by law to segregate garbage at the source and deliver the segregated waste to a disposal site or agency of their choosing.
· Proper handling and management of bio-medical waste[8] will forestall an increase in health complications and land contamination near waste dumping sites.[9]
· In hilly areas, there is a special provision for waste management: - The slope should be avoided as a landfill site. The processing facility's leftover waste and inert waste should be hauled away to a transfer station in a secure place[10]. Within a radius of 25 kilometres, suitable land for the construction of a sanitary landfill must be located on the plains. This sanitary landfill will be used to dispose of the remaining waste from transfer station.
Findings and Analysis
Many studies are being done to develop novel waste management strategies; however, research institutes and environmental organisations remain indifferent despite the fact that many of these studies are underway. Other interviewees agreed that it is not as easy to disregard as other environmental challenges.
They believe that if garbage is viewed as a resource, it will get more attention and resources. Growing urban populations, diverse cultures, shifting diets, and changing lifestyles have combined to create an unresolved MSWM (Municipal Solid Waste Management) problem[11] in India. As a result, governments have encountered difficulties in the collection, treatment, and management of solid waste. An in-depth examination of MSWM in India, including its problems and potential remedies. Solid waste that has not been sorted, public attitudes, restricted potential methods, an unorganised informal garbage industry, an unprepared budget, and ineffective policy implementation are all factors to consider. Because of the nature of Indian garbage disposal, it is necessary to develop appropriate treatment and recycling systems. It is important to emphasise the appropriate ramifications of planned MSW interventions at both the central and decentralised levels. For the MSWM programme to be successful, governments and private organisations must work together to create possibilities for the informal sector and private agencies to participate[12].
Conclusion and Suggestions
Despite its enormous potential, waste continues to be a source of concern in India. This becomes more difficult if waste is not separated at the point of generation. It is critical that the general public is informed of solid waste management. The composition of rubbish in India differs from that of garbage in other industrialised countries, and as a result, the techniques cannot be the same. It was necessary to improve the recycling and processing of waste. Wet rubbish is used for compost/biogas production, dry waste is used for energy plants, RDFs are used, and recycling and reuse are encouraged[13]. Modern treatment processes like as gasification and pyrolysis must be examined both economically and environmentally before they can be implemented. The implementation of centralised and decentralised solid waste management solutions at diverse sources may aid in the achievement of long-term system sustainability in the MSWM system. Another important aspect of managing MSWM challenges and transforming potential prospects for India's future cities is the involvement of the organised informal trash sector, as well as private and public organisations.
References
1. Waste Management Rules, Vikaspuri domains. English. (n.d.). Retrieved April 14, 2022, from https://vikaspedia.in/energy/environment/waste-management/solid-waste-management-rules
2. Rajaram Vasudevan et. al “SOLID AND LIQUID WASTE MANAGEMENT Waste to Wealth”, PHI Learning, 2016
3. Marimuthu Prashanthi, “Integrated Waste Management in India: Status and Future Prospects for Environmental Sustainability”
4. V. Eswaran v. District Collector, (2018) SCC OnLine NGT 2517
5. The Construction and Demolition Waste Management Rules, 2016
6. Puducherry Environment Protection Association v. Union of India, (2019) SCC OnLine NGT 642
7. Vikaspedia domains. English. (n.d.). Retrieved April 14, 2022, from https://vikaspedia.in/energy/environment/waste-management/solid-waste-management-rules
8. P. Radhakrishnan v. Ministry of Environment and Forest, 2018 SCC OnLine NGT 1975
9. Akhilesh Kumar, “Recent trends in solid waste management status, challenges, and potential for the future Indian cities – A review”, Current Research in Environmental Sustainability, Volume 2, (2020)
[1] Datta Priya, Mohi Gursimran, Chander Jagdish, Bio-Medical Waste Management in India : Critical Appraisal, 10, Journal of Laboratory Physicians , 2018, https://www.thieme-connect.com/products/ejournals/pdf/10.4103/JLP.JLP_89_17.pdf [2] Ray Mithun, Rahman Mijanur, An Overview of Legal Framework for Waste Management System in India with Special Allusion to SWM rules, 2016, 4, International Journal of Interdisciplinary and Multidisciplinary Studies (IJIMS), 2016, https://www.researchgate.net/profile/Mijanur-Rahaman/publication/313598485_An_overview_of_legal_framework_for_waste_management_system_in_india_with_special_allusion_to_SWM_rules_2016/links/589f289445851598bab711b4/An-overview-of-legal-framework-for-waste-management-system-in-india-with-special-allusion-to-SWM-rules-2016.pdf [3] Marimuthu Prashanthi, “Integrated Waste Management in India: Status and Future Prospects for Environmental Sustainability”, Researchgate, January 2016. [4] Rajaram Vasudevan et. al “SOLID AND LIQUID WASTE MANAGEMENT Waste to Wealth”, PHI Learning, 2016 [5] Solid Waste Management Rules, 2016 [6] V. Eswaran v. District Collector, (2018) SCC OnLine NGT 2517 [7] The Construction and Demolition Waste Management Rules, 2016 [8] Parida Annapurna, Capoor Malini, Bhowmik Tapas Kumar, Knowledge, attitude, and practices of Bio-medical Waste Management Rules, 2016; Bio-Medical Waste Management (amendment) rules, 2018; and Solid Waste Rules, 2016, among health-care workers in a tertiary care setup,11, Journal of Laboratory physicians, Vol 11, 2019, https://www.thieme-connect.com/products/ejournals/pdf/10.4103/JLP.JLP_88_19.pdf [9] Puducherry Environment Protection Association v. Union of India, (2019) SCC OnLine NGT 642 [10]Vikaspedia domains. English. (n.d.). Retrieved April 14, 2022, from https://vikaspedia.in/energy/environment/wastemanagement/solid-waste-management-rules [11] P. Radhakrishnan v. Ministry of Environment and Forest, (2018) SCC OnLine NGT 1975 [12] Akhilesh Kumar, “Recent trends in solid waste management status, challenges, and potential for the future Indian cities – A review”, Current Research in Environmental Sustainability, Volume 2, (2020) [13] Rakib Al Mohammad ,Rana Sohel Mohammad, Rahman Moklesur Mohammad, Abbas Ibna Fysol, Dry and Wet Waste Segregation and Management System, 6, European Journal of Engineering and Research, 2021, https://www.ej-eng.org/index.php/ejeng/article/view/2531
Comments