MODULE 3

ENVIRONEMNTAL LAWS AND WASTE MANAGEMENT

International conventions related to the environment. Some of the most notable laws are;
1. CITES
2. Convention on Biological Diversity (CBD)
3. Vienna Convention
4. Montreal Protocol
5. Kyoto Protocol
6. United Nations Framework Convention on Climate Change
7. Rio Summit
8. Cartagena Protocol
9. Minamata Convention
10. COP25

1. CITES: Convention on International Trade in Endangered Species of Wild Fauna and Flora.
CITES is an international agreement between governments with the objective of the
preservation of the planet’s plants and animals by ensuring that the international trade in their
specimens does not threaten their survival. It was adopted in 1963 and entered into force in
1975.

2. Convention on Biological Diversity (CBD):

It is a United Nations treaty that is responsible for the conservation of Biological Diversity
around the world. The goals of the Convention are listed below:

1. Conservation of Biological Diversity

2. Sustainable use of the components of the Biodiversity
3. Fair and equitable sharing of benefits arising from the genetic resources

3. Vienna Convention

The Vienna Convention came into force in 1988 and was universally ratified by 2009. It is
called the Convention for the protection of the Ozone layer. The purpose of the Vienna
Convention is to protect the ozone layer from depletion. 28 countries originally signed the
convention on 22nd March 1985.
On 16th September 2009, Vienna Convention along with Montreal Protocol was universally
ratified and thus became the first treaties in the history of the United Nations to achieve
universal ratification.

4. Montreal Protocol:

The Protocol was signed in 1987 and entered into force in January 1989. The protocol gives
provisions to reduce the production and consumption of ODSs to protect the ozone layer. The
Montreal Protocol on Substances that Deplete the Ozone Layer is an important Multilateral
Agreement regulating the production, consumption, and emissions of ozone-depleting
substances (ODSs). It is an important part of international environmental conventions and
protocols.

5. Kyoto Protocol:

It is an international treaty to reduce greenhouse gas emissions. Kyoto Protocol applies to 6

greenhouse gases; carbon dioxide, methane, nitrous oxide, hydro-fluorocarbons,
per fluorocarbons, sulfur hexafluoride.

6. United Nations Framework Convention on Climate Change

UNFCCC is the primary multilateral treaty governing actions to combat climate change
through adaptation and mitigation efforts directed at control of emission of Green House Gases
(GHGs) that cause global warming.

7. Rio Summit

It was held in 1992 at Rio de Janeiro, Brazil. A significant accomplishment of the summit was
an agreement on the Climate Change Convention which in turn led to the Kyoto Protocol and
the Paris Agreement. Another agreement was “not to carry out any activities on the lands of
indigenous peoples that would cause environmental degradation or that would be culturally
inappropriate”.

8. Cartagena Protocol

The Protocol was adopted in 2000 and it came into force in 2003. The Cartagena Protocol is a
supplementary agreement to the United Nations Convention on Biological Diversity (CBD). It
is one of the important international environmental protocols on biodiversity.
9. Minamata Convention

The Convention was signed in 2013 and entered into force in 2017. The Minamata Convention
on Mercury is an international environmental treaty that aims to protect human health and the
environment from the harmful effects of mercury and its compounds.

The Treaty also covers areas such as the identification of at-risk populations, improving
healthcare facilities, and training healthcare personnel to better tackle mercury-related ailments
and diseases.

10. COP25:

Aim of the COP25 of UNFCCC: The prime aim of the COP 2019 was to finalize the rulebook
for the Paris Agreement. The Katowice rulebook that was the outcome of the COP24 could not
bring resolution to all the issues related to global climate change action. Hence, a conference
of parties met at the 25th meeting of UNFCCC to bring a finalized copy of the rulebook of the
Paris Agreement.

ENVIRONMENTAL RELATED ACTS

1. The Forest (Conservation) Act, 1980:

The Forest (Conservation) Act, 1980 is a significant environmental law in India that aims to
conserve forests and biodiversity by regulating activities that could lead to the diversion of
forest land for non-forest purposes.

Objectives of the Forest Conservation Act 1980

The aim of the Forest is to preserve the forest ecosystem of India by fulfilling the following
objectives:

Protect the forest along with its flora, fauna and other diverse ecological components while
preserving the integrity and territory of the forests.

Arrest the loss of forest biodiversity

1. Prevent forest lands being converted into agricultural, grazing or for any other
commercial purposes and intentions.
2. Features of the Forest Conservation Act 1980
The Forest Conservation Act of 1980 come with the following features:

1. The Act restricts the state government and other authorities to take decisions first
without permission from the central government.
2. The Forest Conservation Act gives complete authority to the Central government to
carry out the objectives of the act.
3. The Act levies penalties in case of violations of the provisions of FCA.
4. The Forest Conservation Act will have an advisory committee which will help the
Central government with regard to forest conservation.

2. The Biological Diversity Act, 2002

The act was enacted in 2002, it aims at the conservation of biological resources, managing its
sustainable use and enabling fair and equitable sharing benefits arising out of the use and
knowledge of biological resources with the local communities.

Salient Features of the Act

The Act prohibits the following activities without the prior approval from the National
Biodiversity Authority:

1. Any person or organization (either based in India or not) obtaining any biological
resource occurring in India for its research or commercial utilization.
2. The transfer of the results of any research relating to any biological resources occurring
in, or obtained from, India.
3. The claim of any intellectual property rights on any invention based on the research
made on the biological resources obtained from India.
4. Regulation of access to biological resources of the country
5. Conservation and sustainability of biological diversity
6. Protecting the knowledge of local communities regarding biodiversity
7. Secure sharing of benefits with local people as conservers of biological resources and
holders of knowledge and information relating to the use of biological resources
8. Protection and rehabilitation of threatened species
9. Involvement of institutions of state governments in the broad scheme of the
implementations of the Biological Diversity Act through the establishment of dedicated
committees.
3. Wild life conservation Act, 1972

There are six schedules under the Act. This Act provides for the protection of the country’s
wild animals, birds, and plant species, in order to ensure environmental and ecological security.
Among other things, the Act lays down restrictions on hunting many animal species. The Act
was last amended in the year 2006. An Amendment bill was introduced in the Rajya Sabha in
2013 and referred to a Standing Committee, but it was withdrawn in 2015.

The major threats to wildlife;

Some of the major threats to wildlife are:
 Habitat destruction/degradation/fragmentation
 Overexploitation of habitat resources
 Hunting
 Poaching
 Climate change
 Pollution
Article 48A of the Constitution of India directs the State to protect and improve the
environment and safeguard wildlife and forests. This article was added to the Constitution by
the 42nd Amendment in 1976.

Article 51A imposes certain fundamental duties for the people of India. One of them is to
protect and improve the natural environment including forests, lakes, rivers, and wildlife and
to have compassion for living creatures.

The salient features of the Wildlife Protection Act below:

1. The Wildlife Protection Act mandates the prohibition of hunting wild animals in
general, while the hunting of wild animals would be permitted in certain cases for the
purpose of education and scientific research.
2. The Act also prohibits picking, uprooting, etc., of a specified plant species.
3. The Wildlife Act 1972 provided for the declaration and protection of protected areas
such as Sanctuaries and National Parks.
4. The Act prohibits the trade in trophies, animals, and animal articles from certain
animals.
5. The Wildlife Conservation Act says that if an animal is hunted in a sanctuary or
National Park, such animal or any animal article shall be the property of the
Government.
 6. Powers of State government: State Government can declare an area as a Sanctuary or
as a National Park to protect the wildlife and the environment in the region as the region
is of ecological, faunal, floral, or zoological importance.
7. Powers of Central Government: If the State Government transfers any area under its
control to the Central Government, then the center can declare such areas as Sanctuary
or National Park.

4. The Water Act, 1974

The Act came into force in 1974 and is applicable to the states of Assam, Bihar, Madhya
Pradesh, Gujrat, Haryana, Tripura, West Bengal, Jammu and Kashmir, Rajasthan, Kerala, and
the union territories. It could also be adopted by any state through a resolution passed declaring
to adopt the Act.

Objectives

1. To prevent and control water pollution

2. To maintain wholesomeness of water
3. To establish control on State Boards for prevention and control of pollution
4. To empower the Boards for prevention/control of pollution
5. To provide penalties for contravention of the provisions of the Act
6. To establish control on state water testing laboratories.

Salient features of the Water Act

1. Water is the State subject

2. Parliament cannot legislate on water subject
3. States have to agree for parliament legislation
4. Majority States resolved for parliament legislating
5. Parliament therefore, passed the water Act

5. The Air Act 1981

The Air Act 1981, also known as Prevention and Pollution Control Act, 1981 is a law passed
by the parliament of India in the 32nd Year of the Republic of India. This law i.e. the Air Act
was passed to control and prevent the harmful effects caused by air pollution. The objective of
this act is to prevent, control, and abate air pollution.
The objective of The Air Act,1981 ; This is “An Act to provide for the prevention, control, and
abatement of air pollution, for the establishment, with a view of carrying out the aforesaid
purposes, of Boards, for conferring on and assigning to such Boards powers and functions
relating thereto and for matters connected therewith”.

Why was the Act Passed?

The decisions were to be taken at the United Nations Conference in Stockholm in June 1972,
on the Human Environment, where India participated to take appropriate steps for the
preservation of the natural resources of the earth which also include the control of air pollution
and preservation of the quality of air.

6. Environment Protection Act (EPA), 1986

The Act covers all forms of pollution; air, water, soil and noise. It provides the safe standards
for the presence of various pollutants in the environment. It prohibits the use of hazardous
material unless prior permission is taken from the Central Government.

The chief aims and objectives of the Environment Protection Act, 1986 are listed below.

1. Implementing the decisions made at the United Nations Conference on Human

Environment held in Stockholm.
2. Creation of a government authority to regulate industry that can issue direct orders
including closure orders.
3. Coordinating activities of different agencies that are operating under the existing laws.
4. Enacting regular laws for the protection of the environment.
5. Imposing punishments and penalties on those who endanger the environment, safety
and health. For each failure or contravention, the punishment includes a prison term of
up to five years or a fine of up to Rs. 1 lakh, or both. This can also be extended for up
to seven years in cases.
6. Engaging in the sustainable development of the environment.
7. Attaining protection of the right to life under Article 21 of the Constitution.
 Waste management

Waste management refers to the systematic collection, transportation, processing, recycling,

and disposal of waste materials. It is a crucial aspect of modern society because as populations
grow and urbanize, the generation of waste also increases. Effective waste management helps
reduce environmental pollution, conserve resources, and protect public health.

Effective waste management is essential for the long-term sustainability of our planet. It not
only reduces pollution but also conserves resources and reduces the strain on natural
ecosystems. Sustainable waste management practices are becoming increasingly important as
societies strive to minimize their environmental footprint and address global challenges such
as climate change and resource depletion.

Municipal Solid Waste Management (MSWM)

Refers to the management and disposal of solid waste generated within a municipality or urban
area. It is a critical function of local governments to ensure that solid waste is collected, treated,
and disposed of in an environmentally sustainable and socially responsible manner.

The steps involved are;

1. Waste Collection: The first step in MSWM is the collection of solid waste from homes,
businesses, and public places. This can involve curbside pickup, community drop-off
points, or specialized collection for certain types of waste (e.g., hazardous waste).
2. Waste Segregation: Proper waste segregation at the source is important. Residents and
businesses are often encouraged to separate recyclables (such as paper, cardboard,
glass, plastic, and metal) from non-recyclable waste. In some cases, organic waste is
also separated for composting.
3. Transfer Stations: Collected waste is typically transported to transfer stations where
it is sorted and temporarily stored before being sent to its final destination, which may
include recycling facilities, composting sites, or landfills.
4. Recycling: Recyclable materials are sent to recycling facilities where they are
processed and converted into new products. Recycling reduces the demand for virgin
materials, conserves natural resources, and lowers the environmental impact of waste.
5. Composting: Organic waste, such as food scraps and yard waste, can be composted to
create nutrient-rich compost for use in agriculture and landscaping. Composting also
reduces the generation of methane, a potent greenhouse gas, in landfills.
 6. Waste-to-Energy: Some municipalities use waste-to-energy facilities, where non-
recyclable and non-compostable waste is incinerated to generate electricity or heat. This
can be an efficient way to reduce landfill usage and recover energy from waste.
7. Landfills: The disposal of residual waste that cannot be recycled, composted, or
incinerated typically occurs in landfills. Properly managed landfills include liners and
monitoring systems to prevent groundwater contamination and gas emissions.
8. Hazardous Waste Management: Hazardous waste, such as chemicals and electronics,
requires special handling and disposal to prevent harm to human health and the
environment. Municipalities often provide hazardous waste collection events or
facilities for safe disposal.
9. Public Awareness and Education: Municipalities often run public awareness
campaigns to educate residents about waste reduction, recycling, and responsible
disposal practices. These efforts aim to promote behavior change and improve waste
management.
10. Regulatory Compliance: MSWM is subject to local, regional, and national regulations
that govern waste management practices, environmental protection, and public health.
Municipalities must adhere to these regulations to ensure safe waste disposal.

Biomedical waste management

Biomedical waste management, also known as healthcare waste management or medical waste
management, refers to the proper handling, collection, transportation, treatment, and disposal
of waste generated in healthcare facilities. This waste category is unique because it often
contains hazardous materials, including infectious agents, sharps (such as needles and
scalpels), chemicals, and pharmaceuticals, which require special precautions to prevent harm
to public health and the environment.

The process involves the following stages;

1. Segregation: The first step in biomedical waste management is the segregation of

waste at the point of generation. Waste is sorted into different categories based on its
type and hazard level. Common categories include infectious waste, hazardous waste
(such as chemicals and pharmaceuticals), sharp objects, and general non-hazardous
waste.
2. Collection: Biomedical waste must be collected in specially designed containers that
are color-coded and labeled to indicate the type of waste they contain. These containers
are typically puncture-proof and leak-resistant to prevent spills and injuries.
3. Transportation: Biomedical waste should be transported from healthcare facilities to
treatment and disposal facilities using dedicated and licensed transport services.
Vehicles used for transportation must adhere to safety regulations and have appropriate
containment measures to prevent leaks or spills.
4. Treatment: Different types of biomedical waste require various treatment methods.
Common treatment options include autoclaving (sterilization), incineration, chemical
disinfection, and microwave treatment. The goal is to render the waste non-infectious
and safe for disposal.
5. Disposal: Once treated, the waste can be disposed of in an environmentally responsible
manner. Depending on local regulations and available facilities, disposal options may
include landfilling, co-incineration, or waste-to-energy conversion.
6. Regulatory Compliance: Biomedical waste management is heavily regulated to
protect public health and the environment. Regulations can vary by region, so
healthcare facilities must comply with local and national laws and guidelines.
7. Training and Education: Healthcare workers handling biomedical waste must receive
proper training and education on the safe handling, disposal, and record-keeping
procedures. This includes understanding the different waste categories and their
associated risks.
8. Record-keeping: Accurate record-keeping is essential for tracking the generation,
handling, and disposal of biomedical waste. Documentation helps ensure accountability
and regulatory compliance.
9. Environmental Impact: Biomedical waste management should minimize its
environmental impact by reducing the volume of waste generated, implementing waste-
to-energy or recycling processes where feasible, and preventing contamination of soil
and water.
10. Public Awareness: Raising public awareness about the importance of proper
biomedical waste management is vital to reduce the risks associated with healthcare
waste and encourage responsible practices within healthcare facilities and the
community.
 E-waste management

E-waste, or electronic waste, refers to discarded electronic devices and electrical equipment.
Managing e-waste is essential because it often contains hazardous materials, including heavy
metals and toxic chemicals, that can pose environmental and health risks if not handled
properly. E-waste management involves the responsible handling, recycling, and disposal of
electronic waste to mitigate these risks.

Key components and considerations in e-waste management:

1. Collection: E-waste collection involves the gathering of discarded electronic devices

from various sources, including households, businesses, schools, and government
facilities. Collection programs may include drop-off centers, scheduled pickups, or
designated collection events.
2. Segregation: Once collected, e-waste is typically sorted into different categories based
on the type of electronic equipment and its potential hazard level. Common categories
include computers, monitors, TVs, printers, mobile phones, batteries, and other
electronic accessories.
3. Transportation: E-waste must be transported from collection points to recycling or
disposal facilities using dedicated and licensed transport services. Proper containment
and handling are essential to prevent damage and spills during transit.
4. Data Security: Before recycling or disposing of electronic devices, it is crucial to
ensure that any sensitive data stored on these devices is securely wiped or destroyed to
protect personal and confidential information.
5. Recycling: Recycling is a key component of e-waste management. E-waste recycling
facilities are equipped to disassemble, separate, and process electronic components and
materials for reuse. Recycling helps recover valuable metals and reduces the demand
for virgin resources.
6. Hazardous Materials Removal: E-waste recycling facilities are equipped to safely
remove and manage hazardous materials such as lead, mercury, cadmium, and
brominated flame retardants found in electronic devices.
7. Refurbishment and Reuse: Some electronic devices may be refurbished and resold or
donated to extend their useful life, reducing the need for new electronics.
8. Disposal: E-waste that cannot be recycled or refurbished is disposed of in an
environmentally responsible manner. Landfills are typically not the preferred option
 due to the potential for environmental contamination. Secure disposal methods include
waste-to-energy incineration or specialized disposal facilities for hazardous
components.

Hazardous waste management

Hazardous waste management is the systematic handling, storage, transportation,

treatment, and disposal of materials that are classified as hazardous due to their potential to
harm human health or the environment. Hazardous waste includes a wide range of
materials, such as chemicals, solvents, pesticides, radioactive materials, and certain
medical and industrial byproducts. Proper hazardous waste management is essential to
protect public health and the environment from the potential risks associated with these
materials.

1. Identification: The first step in hazardous waste management is identifying and

categorizing materials as hazardous. This classification is typically based on
specific characteristics, such as toxicity, flammability, reactivity, or corrosiveness.
2. Storage: Hazardous waste must be stored in containers and facilities that are
designed to prevent leaks, spills, and reactions with other materials. Storage areas
should be clearly labeled and meet regulatory requirements for safety.
3. Labeling and Packaging: Hazardous waste containers must be properly labeled
with information about their contents, hazards, and appropriate handling
procedures. Packaging materials should be compatible with the waste and designed
to prevent leaks or reactions.
4. Accumulation: Hazardous waste should be accumulated in a designated area, often
referred to as a "satellite accumulation area," until it is ready for proper disposal or
treatment. Regulatory limits typically govern the amount and duration of
accumulation.
5. Transportation: When hazardous waste is ready to be moved off-site for treatment
or disposal, it must be transported by licensed carriers using specialized containers
and vehicles designed for hazardous materials.
6. Treatment: Hazardous waste often requires treatment to reduce its toxicity or
volume. Treatment methods may include chemical neutralization, incineration,
physical separation, or biological processes. The choice of treatment method
depends on the waste's characteristics and regulatory requirements.
7. Recycling: Some hazardous wastes can be recycled to recover valuable materials
or energy. Recycling reduces the environmental impact and conserves resources.
Common examples include the recycling of lead-acid batteries or reclaiming
solvents.
8. Disposal: Hazardous waste that cannot be treated or recycled is disposed of in
facilities specifically designed for the safe containment and isolation of hazardous
materials. This may involve hazardous waste landfills, deep-well injection, or other
secure disposal methods.
9. Regulatory Compliance: Hazardous waste management is subject to strict
regulations at the local, national, and international levels. These regulations govern
everything from waste classification and storage to transportation and disposal, and
they aim to protect public health and the environment.
10. Record-keeping and reporting: Accurate records must be maintained to track the
generation, handling, treatment, and disposal of hazardous waste. Reporting
requirements vary by jurisdiction and may involve regular submissions to
environmental agencies.
11. Emergency Response: Hazardous waste management facilities and generators
must have emergency response plans and equipment in place to address accidents,
spills, and other emergencies.
12. Public and Worker Safety: Safety measures, including worker training and
protective equipment, are essential to minimize the risks associated with hazardous
waste handling and management.