DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

SABBAVARAM, VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE

HAZARDOUS WASTE MANAGEMENT IN INDIA

SUBJECT

ENVIRONMENTAL LAW

NAME OF THE FACULTY

Ms. K. Sudha

NAME OF THE CANDIDATE: MEGHANA RANI

ROLL NO: 2019LLBO72

SEMESTER: V

1
 GRAMMARLY REPORT

The Thesis, I submit does not have any grammar mistakes and well researched based on facts of the subject
solely based on my understanding. This Thesis is not plagiarized from any other authors but cited to support
my thesis to give readers a better understanding of the plethora of the topic

2
 Acknowledgment

First and foremost, I have to thank my research supervisor Ms.Sudha madam. Without her assistance and
dedicated involvement in every step throughout the process, this paper would have never been accomplished.
I would like to thank you very much for your support and understanding over these past few months.

I would also like to thank my university for nurturing me and contributing to utilize the state of art library,
where I found some really informative books that deal with my thesis. Finally, I would like to thank my
seniors for their guidelines and mental support.

3
 ABSTRACT

Disasters occur as a result of both natural and man-made causes. Natural events, technological events, man-
made events, and regional events are the four types of hazards and disasters. The negative consequences of
indiscriminate disposal of Hazardous Wastes (HWs) fall under the category of Environmental Disasters.
Hazardous Waste Management (HWM) is a critical topic that is gaining prominence across the world. Until
1997, there was no appropriate guarded landfill site in India to dispose of Hazardous Waste (HW). The
amount of hazardous waste in India is increasing substantially, owing mostly to economic expansion,
industrialization, and changing lifestyles. This is especially true in megacities with huge and increasing
populations. The management of hazardous solid waste in the country is generally inefficient due to a variety
of issues such as limits in governance structures, insufficient treatment facilities, limitations in compliance
and regulation, and a lack of educated and competent stakeholders. The state of Gujarat is an exception to
this, as it has attempted to implement a variety of methods to better manage the increasing volumes of
hazardous solid waste produced. This article focuses on the country's solid waste management in order to
effectively mitigate different dangers. Furthermore, this study focuses on adaptable technology for hazardous
waste management throughout the country, with a particular emphasis on the state of Gujarat.

4
TABLE OF CONTENTS

1. ABSTRACT………………………………………………………………………..4
2. CHAPTER 1……………………………………………………………………….6
 Hazardous Waste Management in India
3. CHAPTER 2……………………………………………………………………….9
 Basic approaches in Hazardous Waste Management
4. CHAPTER 3………………………………………………………………………12
 Managing Hazardous Waste Management-Gujarat
5. CHAPTER 4………………………………………………………………………13
 Role of Gujarat government in managing Hazardous Waste
6. CHAPTER 5………………………………………………………………………15
 Legislative Framework in India
7. CASES…………………………………………………………………………….16
8. CONCLUSION……………………………………………………………………18
9. BIBLIOGRAPHY…………………………………………………………………18

5
 CHAPTER 1

HAZARDOUS WASTE MANAGEMENT IN INDIA

Hazardous waste is defined as waste that has characteristics that make it hazardous to human health
or the environment. In India, hazardous waste is defined as "any substance, excluding domestic and
radioactive wastes, that causes significant hazards to human health or the environment when improperly
treated, stored, transported, and disposed of due to its quantity and/or corrosive, reactive, ignitable, toxic, and
infectious characteristics.1"

In India, poor waste management has arisen from a lack of appropriate infrastructure as well as
restrictions in enforcement for managing hazardous garbage. Burning in landfills is still one of the most
frequent disposal techniques, causing harm to both human health and the environment. Waste collection
companies are usually ill-equipped, inexperienced, and underpaid, and India's high-temperature treatment
infrastructure is inadequate.

Hazardous waste is being generated as a result of the country's fast industrial growth. Indeed,
industrialized regions including as Gujarat, Maharashtra, Tamil Nadu, and Andhra Pradesh are grappling
with issues related to increasing amounts of hazardous garbage. Gujarat, for example, is one of India's
fastest-growing industrial states, with an expanding number of chemical, petrochemical, medicines and
pharmaceuticals, textiles, pesticides, paper, and fertilizer businesses. As a result, it is one of the country's
leading generators of hazardous waste. The primary source of pollution in the state is untreated garbage from
these companies. The fact that HW is still not a well-defined concept complicates administration. The term
hazardous waste refers to any waste that contains or is contaminated with hazardous materials, such as
explosives, flammable substances, oxidizing agents and peroxides, toxic substances, disease-causing
substances, radioactive substances, mutation-causing substances, and other substances, chemical or
otherwise, that could harm people, animals, plants, properties, or the environment.

Policies and regulations

The Central Pollution Control Board (CPCB) and the State Pollution Control Boards (SPCBs)
comprise the regulatory and administrative backbone of India's waste management industry.2 The

1
“MoEF&CC (The Ministry of Environment, Forests and Climate Change) - The Hazardous Waste (Management and Handling)
Rules; MoEF&CC: New Delhi, India, 2008.”
2
EBTC (European Business and Technology Centre) - Waste Management in India: A Snap Shot. Available online:
http://ebtc.eu/index.php/knowledge-centre/publications/environment-publications/ 174-sector-snapshots-environment/255-waste-
6
management of solid waste is the responsibility of Urban Local Bodies at the state level. Industries that
generate hazardous waste must get approval from the appropriate SPCB. One major difficulty is that
municipal governments do not have enough funds to pay the expenses of creating appropriate waste
management systems. The absence of strategic planning, as well as governance and regulatory frameworks,
is a key impediment to establishing efficient Solid Waste Management (SWM) in India.

 CPCB (Central Pollution Control Board)

 MoEF & CC (Ministry of Environment, Forests and Climate Change)
 SG (State Government)
 SPCB (State Pollution Control Board)3

"The forty-second amendment to the Indian Constitution, approved in 1976 and adopted on January 3,
1977, mandated the state to conserve and develop the environment in order to maintain public health, forests,
and wildlife." The Constitution's Directive Principles of State Policy (Article 47) require the state to not only
conserve but also restore polluted environments. Until 2016, hazardous waste was imported from nations
such as Saudi Arabia and Malaysia.
management-in-india-a-snapshot (accessed on 27 June 2018).
3
“http://www.eolss.net/sample-chapters/c09/e1-08-06.pdf”
7
 This practice was put to a stop by the Hazardous and Other Wastes (Management and Trans-boundary
Movement) Rules 2016, which barred the import of solid plastic trash, edible fats, animal oils, and residential
waste. State governments are also required to allocate land for hazardous waste recycling sheds, to ensure
proper registration, skill development, equipment supply, and payment for workers engaged in hazardous
waste collection, and to establish monitoring agencies to monitor hazardous waste production and recycling
in each state.

Another major piece of legislation is the Environment (Protection) Act of 1986, which is a wide piece of
legislation aimed at preserving and improving the environment, as well as governing the management and
disposal of hazardous substances and chemicals. This Act also contains a number of regulations, including:

 The Hazardous Waste (Management and Handling) Rules, 2008 (these are the principal rules
controlling hazardous waste management in India); and
 The Biomedical Waste (Management and Handling) Rules, 1998.
 Hazardous Chemical Manufacture, Storage, and Import Rules 2001
 2010 E-Waste (Management and Handling) Rules

Despite the presence of these laws and standards, little enforcement is a significant difficulty. 4 Other
significant problems include a lack of financial resources, a personnel shortage, a lack of established
standards, and a lack of power. The Hazardous and Other Wastes (Management and Trans-boundary
Movement) Laws 2016 stipulate that owners of hazardous waste disposal facilities are subject to pay
financial fines and may even be imprisoned if the rules of transportation, storage, and recycling of such waste
are not followed.

The guidelines also expressly instruct state governments to select areas for hazardous waste treatment
plants to be built. However, since the new restrictions went into force, no new sites have been developed.
Hazardous waste treatment facilities are lacking in several states, including Karnataka, Kerala, Punjab, and
Orissa.5

4
EBTC (European Business and Technology Centre) - Waste Management in India: A Snap Shot. Available online:
http://ebtc.eu/index.php/knowledge-centre/publications/environment-publications/ 174-sector-snapshots-environment/255-waste-
management-in-india-a-snapshot (accessed on 27 June 2018).
5
The Associated Chambers of Commerce of India (ASSOCHAM); PricewaterhouseCoopers (PwC)- Waste Management in India-
Shifting Gears; ASSOCHAM: New Delhi, India, 2017
8
 CHAPTER 2

BASIC APPROACHES IN HAZARDOUS WASTE MANAGEMENT

The Hazardous Waste (Management & Handling) Rules [HW (M&H)] were issued by the
Government of India in 1989 through the Ministry of Environment and Forests (MOEF) under the auspices
of the Environment (Protection) Act [E(P) Act], 1986. Hazardous wastes are classified into 18 categories
under the HW (M&H) Rules. Furthermore, the waste generators, state/central pollution control boards', and
state government's roles and duties are well stated. To support the efficient execution of these regulations, the
MOEF issued the Guidelines for HW (M & H) Rules in 1991, which included technical specifics of the
HWM principles covered by the HW (M&H) Rules, 1989.

The essential component, however, is the selection of a suitable location for the efficient operation of
the TSDF, which is dependent on numerous criteria such as waste and site characteristics, public
acceptability, and current laws and regulations. The location of a facility should also consider the
preservation of human health, the environment, and property values in a community. Though selecting an
excellent site that meets the above criteria is a challenging process, there are a few guidelines accessible in
India for selecting the finest site for the same reason. However, unlawful dumping of HWs continues in
India, and in most cases, the HW is used to fill low-lying regions, which is unacceptable.

The essential elements of Categories of Hazardous Wastes Management (CHWM)

 “Identification of Hazardous Waste Generation: The initial step is to identify the industries that
generate HW. HWs are categorised into 18 categories, and this information may be used to filter
wastes and identify them as HWs. However, there are a few observations: there is a possibility of
wastes being classified in more than one category; and the aforementioned categorization method
does not provide any information to comprehend the hazardous properties of HW. Data from the State
Industrial Development Corporation (IDC), District Companies Centre (DIC), State Pollution Control
Boards, and other sources can be used to identify industries with a high potential for HW generation.
 Data Collection: Following the identification of the HW producing sources, an inventory of data
relating to HW generation may be produced by conducting surveys via specially designed
questionnaires to each of the identified sources. This should be followed by field visits to verify data.
It is critical that the data received from the preceding options be validated using secondary data
(either published data or available for another industry producing similar products). The literature has
estimates of HW generation rates based on plant capacity in Indian businesses (Bhoyar et al., 1996).
This will aid in finding and fixing any incorrect data in the database.
9
 Waste Characterization: The HW produced by the research region should be described. It is
recommended that samples be obtained from the waste production source and tested in a laboratory
for this purpose. In the absence of primary data, secondary data may be employed. Babu and Gupta
provide detailed information on HW characterization in terms of physical, chemical, and general
features, as well as qualities such as ignitability, corrosivity, reactivity, and toxicity (1997).
 Hazardous Waste Quantification: HWs are quantified based on their unique features. The many
choices for garbage compatibility with distinct features should be researched and separated. The
quantity of HWs will be stated in terms of each disposal type (e.g. Recyclable, Incinerable, or
Disposable etc). Recyclable wastes include used/waste oil, lead wastes, and zinc wastes (HPC, 2001).
 Identification of sites for disposal: The locations will be chosen after estimating the HW and
analyzing the likely area needs for its treatment, storage, and disposal. Toposheets and/or remote
sensing pictures of the research region may be utilized for this purpose. The locations must be

10
 physically confirmed in the field and observations made about the four distinct types of variables
available for rating the sites (namely, receptor related-, pathway related-, waste characteristics
related-, and waste management methods related-). The site with the lowest score among the available
ranking sites should be picked as the site for establishing TSDF.
 Conducting EIA: The Environmental Impact Assessment (EIA) should be carried out in the location
selected in the preceding phase. The project's consequences should be recognized, and public support
should be secured before clearing the land for TSDF. The Matrix approach, among the various
alternatives for impact prediction, provides a better approximation of outcomes since it focuses on the
cause-condition-effect link of the characteristics involved in the activity.
 Implementing TSDF Programme: The TSDF programme should be carried out in the final selected
location. The location should have appropriate provisions for storage, treatment (such as stabilisation,
incineration, and so on), and final disposal. It is necessary to develop layouts for collecting HW from
waste production sources. The facility should include laboratory facilities to periodically monitor the
function of the TSDF. In TSDF, the last disposal option is landfill. Before disposal, percolated
leachate should be treated at an Effluent Treatment Plant (ETP). Monitoring of ambient
environmental characteristics and TSDF performance should be done on a regular basis during the
landfill's postclosure period (30 years).”6

CHAPTER 3

HAZARDOUS WASTE MANAGEMENT - GUJARAT

6
https://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.10.8335&rep=rep1&type=pdf
11
 Gujarat was the first state to address the issue of hazardous waste, and it pioneered the concept of a
shared treatment, stabilization, and disposal facility (TSDF) for clusters of businesses. “It has eight of India's
27 TSDF locations.7 It employs online live tracking of hazardous waste transport and disposal through the
extended Green Node (XGN) List of Registered Industries and daily quantity (MT) by all TSDFs, with more
than 18,000 facilities including treatment plants and recyclers included in XGN), and handlers and registered
recyclers included in XGN. In accordance with the Hazardous Waste (Movement, Handling, and Tran
boundary Movement) Rules, 2008, there has been an emphasis in the State on the utilization of waste as a
resource, including for energy generation through co-processing. Co-processing is the use of waste as a raw
material, a source of energy, or both to replace natural mineral resources and fossil fuels like coal, petroleum,
and gas (energy recovery) in industrial processes, primarily in energy-intensive industries like cement, lime,
steel, glass, and power generation.” "In Gujarat, the usage of hazardous waste as an alternative fuel and input
material in cement kilns increased 35 times between 2009/2010, growing from 15,693 tons per year in
2009/2010 to 543,569 tons per year in 2013/2014."

TREATMENT, PROCESSING AND DISPOSAL FACILITIES IN GUJARAT

Despite the fact that numerous companies generate HW and are housed in a variety of industrial
estates across India, few industrial and HW treatment facilities have been developed. “The selection of
treatment methods necessitates extensive waste characterization and is influenced by cost and the
requirement for ecologically sound technology.8 Despite defined separation, storage, collection, and
transportation rules for hazardous waste created by industrial or nonindustrial sectors, these wastes continue
to make their way to public landfills, adjacent dump sites, or rivers, causing severe environmental problems.
Furthermore, there aren't enough HW collection, treatment, and disposal services for small-scale waste
producers who don't have their own treatment facilities. HWs from these sources are collected and disposed
of in the same manner as municipal trash. Large stocks of hazardous or partially treated HW are stored in the
vicinity of industrial facilities in accordance with rules requiring HW to be contained in secure areas.” This
trash must be properly disposed of. Failure to handle such wastes results in groundwater contamination,
posing a health risk to members of the public who rely on groundwater for household water supply and
agriculture.

CHAPTER 4

ROLE OF GUJARAT GOVERNMENT - HAZARDOUS WASTE MANAGEMENT

7
“Ahuja, A.S.; Abda, S.A. Industrial hazardous waste management by government of Gujarat Res Hub Int. Multidiscip Res. J.
2015, 2, 1–11”
8
Report of the High Powered Committee on Management of Hazardous Wastes- Available online: https://www.
researchgate.net/deref/http%3A%2F%2Fwww.cpcb.nic.in%2Fhpcreport%2F (accessed on 29 June 2018)
12
The Gujarat Pollution Control Board is quite effective in the control of hazardous waste in Gujarat.

1. Gujarat was the first state to address the issue of hazardous waste, and it pioneered the concept of a
single treatment, stabilization, and disposal facility (TSDF) for the cluster of industries. Gujarat is the
country's leader in the development of TSDF sites. Gujarat has eight TSDF locations out of the
country's 27.
2. Common Hazardous Waste Incineration Facility (CHWIF): Certain non-biodegradable waste
water and liquid hazardous waste (toxic) should be disposed of in an ecologically responsible way.
Detoxification procedure for non-biodegradable waste water treatment Environments 5, 103 (2018) 7
out of 10 is not economically viable. Individual common incinerators for the safe disposal of toxic
hazardous waste were introduced in late 1990. The state now operates five common hazardous
incineration plants and 83 individual incineration facilities.
3. Recognizing the significance of trash management: The Gujarat Pollution Control Board, in
collaboration with an Indian company and "Klynveld Peat Marwick Goerdeler" (KPMG), hosted a
two-day summit and expo for the 4R concept of hazardous waste management in Gujarat.
4. Xtended Green Node (XGN): Because of the enlarged Green Node List of Registered Industries and
Daily Quantity (MT) by all TSDFs, online live tracking of hazardous waste transportation and
disposal is now feasible (being generated through XGN). Approximately 18,000 industries, Common
Effluent Treatment Plants, TSDFs-Hazardous Waste Handlers, and Registered Recyclers are covered
by XGN. Trucks are only unloaded once the relevant industry (on a large and medium scale) issues an
XGN Manifest.
5. Waste Reduction Through Co-Processing: The idea of "Utilization of Hazardous Waste" as a
supplemental resource or for energy recovery, or processing in accordance with the Hazardous Waste
Rules, 2008. The Central Pollution Control Board (CPCB) has been delegated the ability to provide
permission for the usage of various categories and types of hazardous waste. Co-processing recovers
energy, recycles and conserves resources, and helps to reduce carbon emissions. It offers a long-term
solution for a variety of waste streams that cannot be recycled and should not be disposed of in
landfills. It has the ability to significantly reduce pollution and landfill space generated by waste
disposal. Co-processing is thus a preferred solution in the waste management hierarchy.
6. Clean up of Old Waste Dump Sites in Gujarat: In 2004, the Gujarat Pollution Control Board took
on the problem of old dump sites and its impact on the environment. The Board conducted an
inventory of unlawful dump sites and undertook cleanup activities at such sites. As a result, 34,395.40
MT of hazardous garbage was lifted and transported to the disposal site (TSDF). The Board continues

13
 to clean up unlawful dump sites around the state, relocating about 9172 MT of illegally dumped
garbage.
7. Public-private collaboration Common TSDFs have emerged: Gujarat's common sites are
outstanding instances of public-private collaboration. The State Government and, in rare
circumstances, the Government of India have granted capital investment subsidies to common
TSDFs. This growth was aided by the allocation of land at concessional rates by the State Industrial
Development Corporation, as well as financial involvement by industrial units and institutional
financial assistance.
8. Alang Ship breaking Yards: Eco-Friendly Management Facilities The shipbuilding sector serves
two important functions. It adjusts ship tonnage for the shipping industry by disposing of obsolete
ships, and it also supplies large amounts of re-rollable and scrap steel. It also enhances the availability
of some final materials that would otherwise have to be manufactured by the iron and steel industry
using natural ore. As a result, the ship breaking business contributes to the protection of natural
resources. It also decreases pollutants in the environment when compared to the steel sector, as seen
by the figures below. The Alang Sosiya Ship Recycling Yard, established by the Gujarat Maritime
Board in 1982, is one of the world's largest ship recycling yards. 169 plots are distributed over a 10-
kilometer stretch of Alang's shoreline, oriented from NE to SW. The beaching process is used to
demolish around 400 ships every year.
9. Common effluent treatment plants (CETP): In Gujarat, CETP treatment is separated into two
phases, the first of which treats raw effluents from small and medium-sized enterprises. The trash is
then processed in the final effluent treatment facility. Gujarat has a total of 34 CETPs, of which 28
are active and six are proposed. 15 of these CETPs are located within Gujarat Industrial Development
Corporation (GIDC) estates, while the remaining 19 are located outside of GIDC estates.
10. Green industry formation in Gujarat: The Gujarat Pollution Control Board issued a list of 100
small and cottage enterprises with no pollution potential. These enterprises are excluded from getting
a NOC (No Objection Certificate) from the Board in order to develop such industries and convert
land to 'non-agricultural' usage.

CHAPTER 5

LEGISLATIVE FRAMEWORK IN INDIA

India amended its constitution to require the state to conserve and develop the environment in order to
protect public health, forests, and wildlife. The 42nd amendment to the Indian Constitution was ratified in
1976 and entered into force on January 3, 1977. The Directive Principles of State Policy (Article 47) of the
14
Indian Constitution mandate the state not only to preserve the environment, but also to endeavour to
ameliorate contaminated areas. This enables the government to place limitations on potentially damaging
entities like polluting companies. To name a few, 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 of
1991 were all passed and codified in India.

The Environment (Protection) Act was enacted by the Indian government in 1986 to preserve and
enhance India's environment, as well as to control the management and handling of dangerous substances and
chemicals. In its description of the environment, the act includes water, air, and land, as well as the
interactions between them and humans, other living things, plants, microbes, and property. The legislation
makes it illegal to emit or discharge environmental pollutants in excess of established limits, and it also
establishes obligatory procedural protections for managing hazardous chemicals. It has given the national
government broad rights to take whatever steps considered essential to conserve or improve the environment.

These powers include:

 establishing standards for emissions and discharges to maintain environmental quality;

 limiting industrial siting;
 defining safeguards to prevent industrial accidents and concomitant remedial measures;
 establishing standards for hazardous waste management, hazardous chemical transport and handling,
and the import and export of hazardous wastes and chemicals; and
 Inspecting polluting sources and directing prevention, control, and monitoring.
 In addition to the government's efforts to reduce pollution, information collecting and distribution on
pollution in the country;

Finally, under the Environment (Protection) Act of 1986, the Indian government established the
following guidelines for hazardous waste management:

 Hazardous Waste (Management and Handling) Regulations, 1989 (January 2000 amendment)
 Hazardous Chemicals Manufacture, Storage, and Import Rules, 1989
 Hazardous Chemicals and Genetically Engineered Organisms or Cells: Manufacture, Use, Import,
Export, and Storage Regulations, 1989

CASES

15
1. Research Foundation for Science Technology and Natural Resources Policy V. Union of India
and Another

W. P. No: 657 of 1995

BENCH: THE HONOURABLE MR. JUSTICE Y.K. SABHARWAL & THE HONOURABLE MR.
JUSTICE S.H. KAPADIA

JURISDICTION: SUPREME COURT OF INDIA

FACTS

The Central Intelligence Unit, New Custom House, Mumbai, developed intelligence in August-
September 2000 that substantial amounts of Furnace Oil to be imported as containerized cargo at the
Jawaharlal Nehru Port at discounted prices. As a result, the Central Intelligence Unit kept a close eye on
such consignments of Furnace Oil imported at JN Port. Furnace oil packed in canisters was highlighted
since it was unique. Furnace oil is primarily imported in bulk due to the industry's high volumetric
requirements, and its relatively low value makes containerized imports economically unviable unless the
value is suppressed or some other mis-declaration is restored to offset the increased cost of packing and
transportation in containers. According to the information obtained a considerable quantity of
consignments of Furnace oil, packaged in containers, arrived at JN port in August-September and were
detained for further examination.

The CRCL test findings of all 14 samples revealed that none of the samples matched the requirements of
Furnace Oil and were all off specification material, i.e. waste oil. Following that, the CIU confiscated all
158 containers involved in the consignments. One consignment of 25 containers was provisionally
released pending the signature of a Bank Guarantee for the differential Duty. As a result, a total of 133
containers remained.

ISSUES

1. Whether the waste in question shall be shipped back within 30 days either to the exporter or to the
exporting country?

16
 2. Whether the waste must be disposed of within 30 days of off-loading, subject to the failure to comply
with sub-rule 2(i), in accordance with the method established by the State Pollution Control Board or
Committee in collaboration with the Central Pollution Control Board?

HELD

The aforementioned precautionary principles are fully applicable to the facts and circumstances of the
case, and we have no doubt that the only appropriate course of action to protect the environment is to
direct the destruction of the consignments through incineration in the terms discussed above and
recommended by the Monitoring Committee.

It appears that there would be no environmental damage by disposing of the oil under the observation of
the Monitoring Committee at incinerators that have appropriate equipment to destroy the oil at the
requisite temperature. Concerning the 170 containers mentioned in the Commissioner of Customs' report,
which are similarly kept at the same premises in roughly the same condition, the Monitoring Committee
has noticed that these containers have not been claimed by the importers. The identities of the importers of
these consignments remain unknown. We would need to have the information of these imports on file
before issuing directives in relation to these 170 containers.

The aforementioned 133 containers are instructed to be burned by burning as soon as possible in
accordance with the Monitoring Committee's recommendations and under its supervision, subject to and
in accordance with this order. Importers must deposit the cost of incineration with the Monitoring
Committee within four weeks. The Monitoring Committee will guarantee that the oil is destroyed as soon
as possible at the incinerators indicated in its report. The Monitoring Committee must produce a
compliance report following the destruction of the oil in question.

In the case of the Eleven Star Esscon consignment, if the Government chooses to recycle it, the recycling
will take place under the supervision of the Monitoring Committee. If the Monitoring Committee does not
receive the request for recycling within four weeks, the consignment will be destroyed in the same manner
as the previous consignments.9

CONCLUSION

It is possible to argue that in developing countries, the emphasis on economic expansion usually
prioritizes manufacturing costs above the best available technology, resulting in greater waste generation. It
is difficult to develop alternative technology that completely eliminates hazardous waste generation;
9
https://www.elaw.org/content/india-research-foundation-science-technology-and-natural-resources-policy-v-union-india-and-
17
however, we can take steps to use alternative resources such as solar energy and wind energy in the
manufacturing process rather than using electricity, which can result in less hazardous waste emissions by
moving toward green—non-polluting production. We may use this data to create policies and programs that
emphasize waste reduction and minimization over disposal. The remediation strategy should be founded on
the 'polluter pays' principle, with the polluter having to pay both a penalty and the costs of cleaning up the
pollution. Polluting industries should be strictly prohibited on a regular basis. When polluters cannot be
identified, the State Pollution Control Board/Pollution Control Committee (SPCB/PCC) must establish a
remedial fund. Waste Exchange Banks/Collection Centers should be developed to provide waste information
such as waste types and waste management strategies, as well as to promote reuse, recovery, and recycling
technologies that enhance resource recovery quality.

India's growing economic growth and industrialization pose enormous dangers to the environment
and human health due to the generation of hazardous waste and its inadequate management. However, as the
State of Gujarat has demonstrated, competent management may lead not just to gains in the environment and
public health, but also to resource security. If adequate safeguards are not put in place as soon as possible, the
projected growth in industrialization and hazardous waste may pose serious problems in India.

BIBLIOGRAPHY

1. Identification of Hazardous Waste Generating Industry in Southern States (Andhra Pradesh, Kerala,
Karnataka and Tamil Nadu), Hazardous Waste Management Series: HAZWAMS / 4/ 1995-96,
Central Pollution Control Board, November, 1995
2. http://www.eolss.net/sample-chapters/c09/e1-08-06.pdf
3. Leelavathy Karthikeyan et al., The Management Of Hazardous Solid Waste in India: An Overview, 7
Sept (2018).

18