7/21/2019 India+Hazardous+Wastes+Court+Order+657+of+199-2_0 http://slidepdf.com/reader/full/indiahazardouswastescourtorder657of199-20 1/36 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION NO. 657 OF 1995 Resear! F"#$%a&'"$ ("r S'e$e A))e**a$& +s, Te!$"*"-Na&'"$a* Res"#re P"*'Vers#s U$'"$ "( I$%'a / A$r. Res)"$%e$& +s, (With SLP (C) No. 16175/1997 & C.A. No. 7660/1997) ORDER Hazardous Wastes are highly toxic in nature. The industrialization has had the efect ogeneration ohuge quantities ohazardous wastes. These and other side efects o development gave birth to principles o sustainable development so as to sustain industrial growth. The hazardous waste required adequate and proper control and handling. Eforts are required to be made to minimise it. n developing nations! there are additional problems including that odumping ohazardous waste on their lands by some othe nations where cost odestruction osuch waste is elt very heavy. These and other allied problems gave birth to "asel #onvention. The $ey ob%ectives othe "asel #onvention are & ' to minimize the generation ohazardous wastes in terms oquantity and hazardousness( to dispose othem as close to the source ogeneration as possible( to reduce the transboundry movement ohazardous wastes.) 0. *ue to alarming situation created by dumping ohazardous waste! its generation and serious and irreversible damage! as a result thereo! to the environment! +ora and auna! health oanimals and human beings! the petitioner approached this #ourt under ,rticle -complaining oviolation o,rticle /0 and / othe #onstitution ondia. . The petitioner has! inter alia! relied upon the "asel #onvention The "asel #onvention was signed by ndia on /1 th 2arch! /334 and rati5ed on 0 th 6une! /33. 1
Hazardous Wastes are highly toxic in nature. The industrialization has hadthe efect o generation o huge quantities o hazardous wastes. Theseand other side efects o development gave birth to principles o sustainable development so as to sustain industrial growth. Thehazardous waste required adequate and proper control and handling.Eforts are required to be made to minimise it. n developing nations!
there are additional problems including that o dumping o hazardouswaste on their lands by some o the nations where cost o destruction o such waste is elt very heavy. These and other allied problems gave birthto "asel #onvention. The $ey ob%ectives o the "asel #onvention are &
' to minimize the generation o hazardous wastes in terms o quantity and hazardousness(
to dispose o them as close to the source o generation aspossible(
to reduce the transboundry movement o hazardous wastes.)
0. *ue to alarming situation created by dumping o hazardous waste!its generation and serious and irreversible damage! as a result thereo ! tothe environment! +ora and auna! health o animals and human beings!the petitioner approached this #ourt under ,rticle - complaining o violation o ,rticle /0 and / o the #onstitution o ndia.
. The petitioner has! inter alia! relied upon the "asel #onvention The"asel #onvention was signed by ndia on /1 th 2arch! /334 and rati5ed on
2. 7rom time to time various a8davits have been 5led in this matter by2inistry o Environment and 7orests 9 or short 2oE7: and ;ollution #ontrol"oards. The aspects that have been considered and re+ected in variousorders that have been passed and are urther required to be consideredand appropriate directions issued relate to the provisions o HazardousWaste 92anagement and Handling: <ules! /3=3 9 or short H.W. <ules:! theimplementation o these <ules and other connected issues relating tohazardous waste. These <ules have been amended during pendency o this petition! the latest amendment being o - rd 2ay! 44-.
5. #onsidering the magnitude o the problem and the extent o hazardous waste generated! this #ourt issued notices to all the >tate?overnments! #entral ;ollution #ontrol "oard and >tate ;ollution #ontrol"oards so as to identi y the problem! identi y the extent o such waste!availability o the disposal sites and various other aspects relevant tominimising the generation! its proper handling and disposal with a view tosa eguard the environment degradation.
6. "y order dated 1 th 2ay! /33@! this #ourt! inter alia! directed that noauthorisationApermission would be given by any authority or the import o hazardous waste items which have already been banned by the #entral?overnment or by any order made by any #ourt or any other authorityand no import would be made or permitted by any authority or anyperson! o any hazardous waste which is already banned under the "asel#onvention or to be banned herea ter with efect rom the dates speci5edtherein. n view o the magnitude o the problem and its impact! the >tate
?overnments were directed to show cause why an order be not madedirecting closure o units utilising the hazardous waste where provision isnot already made or requisite sa e disposal sites. t was urther orderedthat cause be shown as to why immediate order be not made or closureo all unauthorised hazardous waste handling units.
7. We have extensively perused the record with the assistance o learned counsel. The material on record demonstrates that properattention was not paid by the concerned authorities in implementing H.W.<ules! /3=3. These <ules were amended with efect rom B th 6une! 444and urther amended on - rd 2ay! 44-. The problem is not as much o absence o the <ules as it is o implementation. the <ules are amended!but not implemented the same remain on paper. H.W. rules as in /3=3had been properly implemented! the problem would not have been asgrave as aced now. Ci$ewise! i the <ules as amended in the year 444were implemented! the problem would not have been as grave as it ispresently.
3. Dur attention has been drawn by 2r. ;ari$h! learned counsel or thepetitioner! to various orders that have been passed by this #ourtcommencing rom /3 th Dctober! /331 till date! to various a8davits that
have been 5led on behal o the 2DE7! #entral ;ollution #ontrol "oard9#;#": and others which substantially amount to an admission o the
authorities about lac$ o various basics so as to handle the issue. Dne o the such elementary aspect is lac$ o correct in ormation as to the extento the hazardous wastes. ,t one stage it was represented that the totalquantity o hazardous wastes generated in the #ountry was in the regiono 444 tonnes per day which wor$ed out to be 4.@ million tonnes peryear. ,t a later stage the 5gure rose to more than 0.0 million tonnes peryear. This is %ust one illustration.
9. n the order dated 0 th ,ugust! /33@ it was observed that all >tate?overnments have not ta$en steps required under the applicable laws aswell as earlier directions o the #ourt and have not placed be ore the#ourt all material acts inspite o considerable time having been given. thas been urther observed that all the authorities do not appear toappreciate the gravity o situation and need or prompt measures beingta$en to prevent serious adverse consequences. Even #entral?overnment was not given ull in ormation by all the >tate ?overnmentsabout the compliance o the directions o this #ourt. nder thesecircumstances! it was observed that an appropriate #ommittee deservesto be constituted to ensure that need ul is done to arrest urther growth o the problem. Cearned counsel or the petitioner and the learned,dditional >olicitor ?eneral were requested to urnish the names o suitable persons including experts who could be appointed to such#ommittee. n this bac$ground! by order dated /- th Dctober! /33@ a High;owered #ommittee 9H;#: with ;ro . 2?F. 2enon as its #hairman wasconstituted to examine all matters in depth relating to hazardous wasteand to give a report and recommendations at an early date. The ourteen
Terms o <e erence on which the High ;owered #ommittee was required togive its report and recommendations are &
'9/: Whether and to what extent the hazardous wastes listed in"asel #onvention have been banned by the ?ovt. and to examinewhich other hazardous wastes! other than listed in "asel #onventionand Hazardous Wastes 92anagement and Handling: <ules! /3=3!require banning.
9 : To veri y the present status o the units handling hazardouswastes imported or recycling or generatingArecycling indigenoushazardous wastes on the basis o in ormation provided by respective>tatesA Ts and determine the status o implementation o Hazardous Wastes 92anagement and Handling: <ules! /3=3 byvarious >tatesA Ts and in the light o directions issued by theHonGble >upreme #ourt.
9-: What sa eguards have been put in place to ensure thatbanned toxicAhazardous wastes are not allowed to be imported.
90: What are the changes required in the existing laws to regulate
the unctioning o units handling hazardous wastes and or
protecting the people 9including wor$ers in the actory: romenvironmental hazards.
91: To assess the adequacy o the existing acilities or disposal o hazardous wastes in an environmentally sound manner and to ma$erecommendations about the most suitable manner or disposal o hazardous wastes.
9B: What is urther required to be done to efectively prohibit!monitor and regulate the unctioning o units handling hazardouswastes $eeping in view the existing body o laws.
9@: To ma$e recommendations as to what should be theprerequisites or issuance o authorisationApermission under <ule 1and <ule // o the Hazardous Wastes 92anagement and Handling:<ules! /3=3.
9=: To identi y the criteria or designation o areas or locatingunits handling hazardous wastes and waste disposal sites.
93: To determine as to whether the authorisationApermissionsgiven by the >tate "oards or handling hazardous wastes are inaccordance with <ule 190: and <ule // o hazardous waste <ules!/3=3 and whether the decision o the >tate ;ollution #ontrol "oardsis based on any prescribed procedure o chec$list.
9/4: To recommend a mechanism or publication o inventory atregular intervals giving area wise in ormation about the level andnature o hazardous wastes.
9//: What should be the ramewor$ or reducing ris$s toenvironment and public health by stronger regulation and bypromoting production methods and products which are ecologically
riendly and thus reduce the production o toxicsI
9/ : To consider any other related area as the #ommittee maydeem 5t.
9/-: To examine the quantum and nature o hazardous waste stoc$lying at the doc$sAportsA #*s and recommend a mechanism or itssa e disposal or re export to the original exporters.
9/0: *econtamination o ships be ore they are exported to ndia orbrea$ing.)
14. The High ;owered #ommittee comprised o experts rom diferentdisciplines and 5elds as would be apparent rom the ollowing &
/. *r. #laude ,lvares 9scienti5c aspects o environmentaldamage and their impacts on society! legal aspects! "asel#onvention! accountability to the public:!
=. *r. ;.F. >eth 9aspects o health and hazardous wastes(industrial toxicology:(
3. *r. >udhir >inghal 9issues relating to oil:(
/4. >hri ;aritosh Tyagi 9pollution control! institutional mechanismsand experience as a ormer #hairman! #;#":(
//. *r. <.<. Fhan! *irector! 2inistry o Environment and 7orests L2ember >ecretary(
/ . *r. T.>.<. ;rasad <ao! *irector! ndian nstitute o ;etroleum!*ehra *un 9represented by *r. Himmat >ingh! *eputy*irector:.
11. With the assistance o 2r. >an%ay ;ari$h! learned counsel appearingor the petitioner! 2r. ,K*. <ao! learned counsel appearing or the #entral
?overnment and 2r. Ji%ay ;an%wani learned counsel appearing or #entral;ollution #ontrol "oard! we have gone through the extensive reportsubmitted by High ;owered #ommittee. ,t the outset! we wish to placeon record our gratitude or the eforts made and dedication shown by H;#in preparation o the report and recommendations made therein a terindepth study o numerous acets o the problem.
10. The <eport has highlighted the areas which result in generation o the hazardous wastes and the limited area on which the High ;owered#ommittee ocussed its attention! namely! industrial operations 9solid!
liquid! gaseous waste: including industries recycling hazardous waste andothers as detailed in paragraph /.- relating to scope o wor$. Dut o /0
Terms o <e erence! on T.D.,.Ko. /- the High ;owered #ommitteesubmitted its <eport on 4 th ,pril! /33=! on consideration whereo !directions were issued in terms o the order dated /4 th *ecember! /333.
1 . The rati5cation o "asel #onvention by ndia shows the commitmento our country to solve the problem on the principles and basis stated inthe said document. The decision stated to have been ta$en by B1con erence parties by consensus to ban all exports o hazardous wastes
rom Drganisation or Economic #o operation and *evelopment 9DE#*: tonon DE#* countries immediately or disposal and in the beginning o theyear /33= or recycling are! there ore! required to be $ept in view whileconsidering the number o items to be banned. t also deserved to benoticed that having regard to the broad outloo$ in raming the Terms o <e erence including therein not only the aspects o imported hazardouswastes but also management o indigenous hazardous wastes! the H;#has rightly not con5ned itsel %ust to the crisis situation that has arisen
rom continuous illegal import and dumping o hazardous wastes! but hadalso gone into the systemic wea$nesses that had developed as a resultwhereo there was slow progress in handling the problem. H;# hasobserved that the problems raised by indigenous processing o toxicsubstances such as lead and waste oil and by industrial processes thatgenerated these as also by methods o disposal li$e incinerators andland5lls to be ar more serious and o ar greater magnitude than thoseassociated with the import o such waste. n this view various aspects o
indigenous generation and handling o hazardous wastes have beenexamined in depth. Having regard to this approach! we agree withconclusion drawn by H;# that 2DE7 made no concerted or consistenteforts which necessarily have to be o a promotional! educational and coordinating nature M to show the implementation o H.W. <ules! /3=3. Wehope that on the matter in issue! hence orth! there would not be any lac$o serious and concerned action on the part o 2DE7.
12. Dn - rd >eptember! 44-! 2r. ;ari$h 5led a brie summary o directions required to be issued on the basis o the recommendations o High ;owered #ommittee and also indicated therein the aspects on which2DE7 agreed and also the aspects which are now covered by amendmento H.W. <ules! /3=3! by Koti5cation dated - rd 2ay! 44-. The aspects towhich 2DE7 has agreed are stated in their a8davit dated /- th >eptember!
44-. The 2DE7 shall ensure that the agreement does not remain only onpaper. The directions sought or by the petitioner to which 2DE7 hasagreed shall be implemented in letter and spirit. The implementationwherever it is to be done by the 2DE7! should be done orthwith andwherever it is required to be done by any other 2inistry or authority oragency! the Kodal 2inistryA2DE7 shall ensure that it be so implemented.
n case o any doubt or dispute! it would be the responsibility o 2DE7 to
satis y this #ourt. 7urther! the 2inistry shall also develop a mechanism toensure that wherever its directions are not implemented! necessary action
is ta$en against those who are responsible or it. any nter 2inisterialconsultation is required! the lead is to be ta$en by 2DE7 to see that suchconsultation ta$en place and efective measure are ta$en.
15. 7irst! the legal principles in brie may be noticed.
The legal position regarding applicability o the precautionaryprinciple and polluter pays principle which are part o the concept o sustainable development in our country is now well settled. n Ve**"reC'&' e$s We*(are F"r# vs. U$'"$ "( I$%'a / Ors. N9/33B: 1 >##B0@O! a three 6udge "ench o this #ourt! a ter re erring to the principlesevolved in various international con erences and to the concept o 'sustainable development)! inter alia! held that the precautionaryprinciple and polluter pays principle have not emerged and govern the lawin our country! as is clear rom ,rticles 0@! 0= , and 1/ ,9g: o our#onstitution and that! in act! in the various environmental statuesincluding the Environment 9;rotection: ,ct! /3=B! these concepts arealready implied. These principles have been held to have become part o our law. 7urther! it was observed in Jellore #itizensG Wel are 7orumGs casethat these principles are accepted as part o the customary internationallaw and hence there should be no di8culty in accepting them as part o our domestic law. <e erence may also be made to the decision in the caseo A.P. P"**#&'"$ C"$&r"* 8"ar% Js. Pr"(. M.V. Na #%# +Re&%., a$%Ors. N9/33B 1 >## @/=O where! a ter re erring to the principles noticed inJellore #itizensG Wel are 7orumGs #ase! the same have been explained inmore detail with a view to enable the #ourts and the Tribunals or
environmental authorities to properly apply the said principles in thematters which come be ore them. n this decision! it has also beenobserved that the principle o good governance is an accepted principle o international and domestic laws. t comprises o the rule o law! efective>tate nstitutions! transparency and accountability and public afairs!respect or human rights and the meaning ul participation o citizens inthe political process o their countries and in the decisions afecting theirlives. <e erence has also been made to ,rticle @ o the dra t approved bythe wor$ing group o the nternational Caw #ommission in /33B on';revention o Transboundary *amage rom Hazardous ,ctivities) toinclude the need or the >tate to ta$e necessary legislative! administrativeand other actions) to implement the duty o prevention o environmentalharm. Environmental concerns have been placed at same pedestal ashuman rights concerns! both being traced to ,rticle / o the #onstitutiono ndia. t is the duty o this #ourt to render %ustice by ta$ing all aspectsinto consideration. t has also been observed that with a view to ensurethat there is neither danger to the environment nor to the ecology and! atthe same time! ensuring sustainable development! the #ourt can re erscienti5c and technical aspects or an investigation and opinion to expertbodies. The provisions o a covenant which elucidate and go to efectuatethe undamental rights guaranteed by our #onstitution! can be relied upon
by #ourts as acets o those undamental rights and hence en orceable assuch 9see Pe")*e s U$'"$ ("r C' '* L':er&'es Js. U$'"$ "( I$%'a / A$r.
N9/33@: - >## 0--O. The "asel #onvention! it cannot be doubted!efectuates the undamental rights guaranteed under ,rticle /. Therights to in ormation and community participation or protection o environment and human health is also a right which +ows rom ,rticle /.
The ?overnment and authorities have! thus to motivate the publicparticipation. These well shrined principles have been $ept in view by uswhile examining and determining various aspect and acets o theproblems in issue and the permissible remedies.
16. There are various aspects o the <eport which require a seriousconsideration and implementation by the #entral ?overnment. "e ore weindicate some o those aspects! directionsAorders that have been passedby this #ourt on - rd ! 0 th and 1 th >eptember! 44-! may be reproducedas under &
DrderAdirections *t.& - rd >eptember! 44-
'While considering the recommendations regarding the changesrequired to be made to regulate the unctioning o nits handlinghazardous waste under the category o sa eguards in the import o hazardous waste and the suggestion about deletion o sub rule 9-: o <ule/ o Hazardous Waste <ules! as amended in 2ay! 44-! our attention hasbeen drawn to >chedule M -. >chedule M - in turn! re ers to <ule -9/0: 9c:and <ule / 9a:. <ule -9/0: de5nes 'hazardous waste). <ule -9/0: 9c:reads as under &
'<ule - &
>ub rule 9/0:9c:& Wastes listed in Cists P,G and P"G o >chedule M -9;art ,: applicable only in case9s: o import or export o hazardous wastesin accordance with <ule / ! /- and /0 i they possess any o thehazardous characteristics listed in ;art " o >chedule M -.
Explanation & 7or the purposes o this clause &
9i: all wastes mentioned in column 9-: o >chedule M / arehazardous wastes irrespective o concentration limits given in>chedule M except as otherwise indicated and >chedule M shall be applicable only or wastes or waste constituents notcovered under column 9-: o >chedule /(
9ii: >chedule M - shall be applicable only in case9s: o import orexport.)
17. n the Koti5cation dated - rd 2ay! 44-! there is no <ule / 9a:. Theapprehension expressed is that <ule / 9-: on account o its ambiguitymay be abused and under garb o the said <ule the raw material o banned items may be imported. 7urther! 2r. ;ari$h contends that there
does not appear to be any necessity o sub rule9-: in view o <ule / 9/:.
Cet 2r. ,*K. <ao ta$e instructions and 5le a8davit clari ying the position. necessary! requisite corrigendum should be issued.
13. <ule /-! /0 read with de5nition o PexportG PexporterG and PimportGPimporterG may lead to some con usion on account o certain apparentambiguities. Cet ?overnment o ndia loo$ into it and 5le an a8davit.
19. >ub rule 9/ : o <ule /3 reads as under &
' n case o units registered with the 2inistry o Environment and7orests or the #entral ;ollution #ontrol "oard or items placed under ' reecategory) in Koti5cation nos. 9<E 33: /33@ 44 dated -4 th 6uly! /333(
B9<E 33: /33@ 44 dated /4 th >eptember /333( -= 9<E 444: /33@44 dated /B th Dctober! 444 and B 9<E 44/: dated -/ st 2arch! 44/
issued by the *irectorate ?eneral o 7oreign Trade and other similarnoti5cation issued based on the advice o 2inistry o Environment and7orests! prior import permission rom that 2inistry shall not be required.)
04. <ule /3 deals with procedure or registration and renewal o registration o recyclers and re re5ners.
>ub rule 9/: requires every person desirous o recycling or rere5ning non errous metal wastes as speci5ed in >chedule 0 or used oil orwaste oil to register himsel with the #entral ;ollution #ontrol "oard.
There are two provisos to sub rule 9/:. The said provisos provide thecases where registration is not required. ,pparently! it seems di8cult to
comprehend the reason or inserting sub rule 9 : in <ule /3 whichprovides or registration and renewal and sub rule 9/ : providing ordispensing with prior import permission. ;rima acie we hope that theintention is not to permit banned items or hazardous waste items underthe guise o sub rule 9/ : o <ule /3. t can have the efect o setting atnaught <ule /-. This aspect too requires to be examined by 2inistry o Environment L 7orests and a8davit 5led within = wee$s.)
01. DrderAdirections *t& 0 th >eptember! 44-
' n respect o adequate acilities o testing at the laboratories at thegateway points! i.e.! ;orts! #*s #ustoms ,reas! or testing potentiallyhazardous wastes and recyclables and the said laboratories being mannedby the trained staf! the stand o 2DE7 is that the customs labs are beingupgraded. 2r. ,*K. <ao see$s / months time to upgrade the labs.,llowing the said request! but directing quarterly reports to be 5led in thiscourt detailing the progress made! the labs as suggested should beupgraded and manned staf o8cers posted within the period o /months. #ompliance report shall be 5led soon a ter expiry o / months.2eanwhile! the test shall be conducted by accredited laboratories certi5edby #;#".
00. #;#"! 2r. ;an%wani states! is imparting periodical training to#ustoms and ;ort o8cials! the document prepared by *r. F<<anganathan! a member o H;#! on the aspect o testing method oranalysis o hazardous wastes! instrumentation and training requirementsshall orm part o the training imparted by #;#".
0 . <E& #ustoms ,ct &
>ection // o the #ustoms ,ct! /3B empowers the #entral?overnment to prohibit either absolutely or sub%ect to such conditions asmay be speci5ed in the Koti5cation the import and export o the goods i satis5ed that it is necessary so to do or any o the purposes stated in subsection 9 :. t is implicit that i import is in contravention o any law orthe time being in orce! such import is required to be prohibited.
02. The import o 3 items has already been prohibited under >cheduleM = o the Hazardous Waste <ules as amended in 2ay! 44-. We see noreason why Koti5cation under >ection // prohibiting the import o the said
3 items shall not be issued orthwith. We direct the #entral ?overnmentto issue such a Koti5cation without any urther delay.
05. "asel #onvention has banned @B items. We are contemplatingissuance o directions to 2inistry o Environment and 7orests to examinethe remaining items. t is implicit that i more items are banned! thecorresponding Koti5cation shall be issued by the #entral ?overnmentunder >ection // o the #ustoms ,ct.
06. The HW <ules allow import o certain items sub%ect to ul5llment o conditions. The requisite noti5cation shall be issued ma$ing thecompliance o the said conditions mandatory be ore the importedconsignment is cleared.
07. <E & 2a%or ;ort Trust ,ct &
The #ompetent ,uthority! while disposing o hazardous waste! inexercise o power under >ections B/ L B o the 2a%or ;ort Trust ,ct!/3B-! is directed to ensure that the Hazardous Waste <ules! as amendedup to date! shall be complied with! in particular! <ule /3 and 4 thereo .
The Export and mport ;olicy 9Exim ;olicy: issued rom time to time!under the 7oreign Trade 9*evelopment and <egulations: ,ct! /33 ! interalia! sets out the goods! import whereo is prohibited. We direct the#entral ?overnment that the said policy shall also correspond with theHazardous Waste <ules! as amended rom time to time! which means thati import o any item is prohibited under Hazardous Waste <ules! it shall be
09. 7or design and setting up o disposal acility as provided in <ule = ,o HW 92LH: <ules! the #riteria or Hazardous Waste Cand5lls publishedby #;#" in 7ebruary! 44/ and the 2anual or *esign! #onstruction LQuality #ontrol o Ciners and #overs or Hazardous Waste Cand5llspublished in *ecember 44 shall be ollowed and adhered to. ,longwiththe a8davit o 2r. 2. >ubba <ao! 5led on /- th >eptember! 44-! ,nnexure
sets out status o hazardous waste disposal sites. ,ccording to the said,nnexure! =3 sites were identi5ed out o which -4 were noti5ed. 2r. ,*K<ao! on instructions! states that out o -4! // common land5lls are readyand operational M two in 2aharashtra! one in ,ndhra ;radesh and eight in?u%arat and that some o these land5lls are in accordance with the #riteriaand 2anual a oresaid. The steps shall be ta$en to expedite thecompletion o the remaining land5lls. n this view! steps should be ta$eno shi ting o hazardous waste rom wherever it is permissible to theseland5lls. The transport o hazardous waste would be in accordance with<ule @ and the ?uidelines issued by #;#" rom time to time. 2r. ;an%wanistates that the guidelines are ready. Cet the same be issued orthwith.
4. 2DK TD< K? &
The #;#" shall issue guidelines to be ollowed by all concernedincluding >;#" and the operators o disposal sites or the proper
unctioning and up$eep o the said sites.
1. <E& mpact o Hazardous Waste on Wor$erGs Health &
We have considered the suggestion o H;# under term o re erenceno.0 relating to impact o Hazardous Waste on Wor$erGs Health. Havingregard to the recommendations and submissions made by the learnedcounsel we direct the 2inistry o Cabour and 2inistry o ndustry toconstitute a special committee to examine the matter and enumeratemedical bene5ts which may be provided to the wor$ers having regard tothe occupational hazard as also $eeping in view the question o health o the wor$ers and the compensation which may have to be paid to them.
The #ommittee while examining the recommendations! shall also $eep inview the %udgment o this #ourt in #onsumer Education and <esearch#entre vs. nion o ndia 9/331 9-: >## 0 :. The report o the specialcommittee shall be submitted within a period o our months.)
0. DrderAdirections *t& 1 th >eptember! 44-
';ursuant to the directions o this #ourt dated 0 th 7ebruary! 44and the a8davits 5led on behal o 2inistry o Environment L 7orests!?overnment o ndia! in particular! the a8davits o 2r. ;J 6aya$rishnan
dated nd
7ebruary! 44 9page 3/:! Bth
2arch! 44 9page -=/: and2r. 2.>ubba <ao dated /3 th 2arch! 44 9page -=1:! prima acie it seems
that /1 importers! whose names and addresses are given at page -=B!illegally imported waste oil in /-- containers in the garb o lubricating oil.
The H;# in its report 9pp. /@4 /@/: had noticed the presence o theconsignment o this waste oil. Dn direction o this #ourt! the laboratorytests underta$en have shown the same as hazardous waste oil. "y orderdated 1 th 2ay! /33@! this #ourt directed that no import would be made orpermitted by any authority or any person o any hazardous waste which isalready banned under the "asel #onvention or to be banned herea terwith efect rom the date speci5ed therein. The 2inistry o Environment L7orests is said to have spent a sum o <s. B.-1 lacs on analysis o wasteoil. There does not appear to be anything on record showing that anyaction o substance has been ta$en against the importers and others inpermitting the import in violation o the order o this #ourt. 7urther! itdoes not appear that 2DE7 has ta$en any steps to recover the amountsspent on analysis. t seems that the said containers are lying at Khava>heva ;ort. ;resently one o questions that requires consideration! is o re export or destruction o the said substance and other actionAs to beta$en as a result o the illegal import. "e ore we pass orders! we deem itappropriate to issue notice to the /1 importers as also to the concerned#ommissioner o #ustoms. The #ommissioner o #ustoms shall 5le ana8davit stating as to what steps have been ta$en up to date in respect o the a oresaid /-- containers. The importers are directed to show causewhy the consignment in question shall not be ordered to be re exported ordestroyed at their cost and why the amount spent on analysis in thelaboratory be not recovered rom them and why they should not bedirected to ma$e payment o compensation on ;olluter ;ays ;rinciples and
other action ta$en against them. We direct 2inistry o Environment L7orests to serve the /1 importers as also the concerned #ommissioner o #ustoms. The 2inistry would be empowered to have assistance rom;oliceA*istrict 2agistrateA2etropolitan 2agistrate or afecting service o notice on the importers. We direct these authorities to render all possibleassistance in this regard. *asti notices to be given.)
. The importers and the #ommissioner o #ustoms have been giventime to 5le a8davits and on consideration thereo appropriate directionswould be issued.
2. The "asel #onvention! which we have noticed hereinbe ore hasbanned import o @B items. The H.W.<ules! /3=3! however! ban 3 items.What is the position o the remaining items! we do not $now except thestand o 2DE7 that the same is under consideration. We do wish to placeon record that the <eport o High ;owered #ommittee 9H;#: wassubmitted nearly R years ago. #onsidering the magnitude o theproblem the 2DE7 should have bestowed more serious consideration thatit has on these matters and ta$en appropriate steps.
5. n #hapter 1 relating to ?eneral 7indings & Environment ;rotection
,uthorites M relating to the wor$ing o the 2inistry o Environment and7orests and its various divisions! the structure o the 2inistry! unds
available to it! H;# has highlighted the approach which this particular2inistry and other connected with environment matter! are required toadopt. The said observations are&
1./ THE 2 K >T<S D7 EKJ <DK2EKT ,K* 7D<E>T> 92DE7:
'The 2DE7 is the ocal point in the ?overnment o ndia or allmatters relating to the environment. ,s the nodal 2inistry! its 5rstand oremost responsibility is to ensure coordination with all other2inistries that come into the picture. H;# discussions and studiesshow that there are ma%or roles that have to be played by other2inistries as well.
7or example! all imported goods have to pass through #ustoms!which comes under the 2inistry o 7inance. ,ll matters relating toimports and exports are handled by the 2inistry o #ommerce underwhom the *?7T and *?# > 9located in #alcutta: operate. The need
or employment generation! and consequently! matters relating tolabour and industrial policy! industrial sa ety! occupations healthhazards! compensation or disabilityAdeath are all matters dealt withby the 2inistry o Cabour.
, signi5cant part o environmental pollution relates to water 9both
sur ace water and! particularly! groundwater:( the 2inistry o Water<esources is clearly involved. Toxicological aspects o hazardouswastes li$e heavy metals! hormone disrupting chemicals and suchother issues have to be dealt with by the 2inistry o Health andma%or research acilities that come under it! particularly the ndian#ouncil o 2edical <esearch! and in accordance with the #> < andthe *epartment o "iotechnology.
There will also be many other 2inistries involved on speci5c issues!such as the 2inistry o ;etroleum and Katural ?as in respect o theoil sector! and the 2inistries o <ailways! *e ence and >ur ace
Transport on matters relating to large scale use o battery systemsand their disposal. There will be need or interaction with the2inistry o Caw on matters that relate to legislation! and extensivelywith the >tate ?overnments in relation to implementation o laws!rules and regulations! and guidelines at grassroots level. This is notmeant to be a complete statement covering all those who carryresponsibilities that are connected with the environment! but only tohighlight the ma%or ones.
The H;# has noticed that the principal way o unctioning thus ar
has been or the 2inistry o Environment and 7orests to writestandard letters 9usually at lower o8cial levels: which either are not
answered! unsatis actorily answered or provide in ormation that willnot bear scrutiny( usually there is no scrutiny. There seems to be auni orm lac$ o concern at all levels in ?overnment about theserious implications o the import! generation! buildup! transportand disposal o hazardous wastes in the country.
The 2DE7 is 9presently: headed by a #abinet 2inister assisted by a2inister o >tate( and they have under them a >ecretariat headedby a >ecretary to the ?overnment o ndia 9 rom the trans erableadministrative side:. The 2inistry has staf consisting o administrative and technical personnel. The administrative staf strength 9 ,>A <>A#>> etc.: in the Environment Wing o the 2DE7has 0-1 sanctioned posts against which 0/B posts are 5lled up.However! scienti5cAtechnical staf strength has only =B sanctionedposts against which @3 posts are 5lled up. t is thus seen that thereis a severe imbalance between the number o administrative andscienti5c posts in the 2DE7. The actual position is presented in Jol.
( ,nnex , 1. t must be recalled that this 2inistry M bothEnvironment and 7orestry sides M was set up as a scienti5c!promotional 2inistry and not as an administrativeAbureaucratic2inistry which it has become. The H;# is o the view that thischange has been most undesirable! particularly with o8cers assenior levels! who are all administrators! sub%ect to requenttrans ers.
The 2inistry can 9and sometimes does: call upon the #;#" or
advice on technical matters. 7rom time to time! it appoints! at itsdiscretion! technical committees or dealing with special issues.
The 2DE7 has a Hazardous >ubstances 2anagement *ivision9H>2*: M presently headed by an ,> o8cer at 6oint >ecretary levelM which deals with the management o hazardous wastes 9bothindigenous and imported:! hazardous chemicals! ma%or chemicalaccidents! municipal solid waste! biomedical waste and liability andcompensation connected with chemical accidents. The *ivision isalso the ocal point or international environment agreements!namely the "asel #onvention on the Trans boundary 2ovement o Hazardous Waste and its *isposal( the #onvention on ;ersistentDrganic ;ollutants 9;D;s: 9being negotiated:( and ;rior n ormed#onsent 9; #: procedures. The overall implementation o the HWrules! /3=3! along with various regulations enacted on the abovesub%ects all over the country lies with this *ivision. The *ivision hasan allotment o only B scientists.
The ministry o Environment and 7orests has a total annual planbudget o <s. @B1 crores 9<s. 0- crores or Environment and <s.---crores or 7orests: and a non plan budget o <s.//1 crores 9<s.=/
crores or Environment and <s.-0 crores or 7orests: or the year444 44/. The H;# was told that the H>2 *ivision is allocated
approximately <s.-.B crores 9o the ;lan budget:. However! romthe 1- rd report on the demands or grants 9/33= 33: presented inthe <a%ya >abha! the H;# noted that out o the sum o <s.0 croresallocated to the H>2 *ivision in that year! actual expenditure wasonly <s. .@0 crores and the rest was surrendered. Searwise budgetallocations o the 2DE7 or the last 5ve years are shown under Table/3.
t may be noted rom 7igure / 92DE7 structure dealing withhazardous wastes: that there are only our o8cers responsible oroverseeing the implementation o the HW <ules throughout thecountry. These o8cers are also responsible or ormulation andimplementation o new policies concerning management o thesehazardous wastes! besides representing the ?overnment at the"asel negotiations. 7urther! as can be seen rom the same 7igure /!these o8cers also have responsibilities other than hazardous wasteswithin the 2inistry.
The act that the technical component o the 2DE7 is small!particularly noting that it was set up as a scienti5c department! and
urther! that the H>2* is even smaller! and the resources madeavailable cannot be ully utilized! are all causes or the all pervadingmalaise e.g. dependence on ormulation o rules and introducinglegislation! ritualistic adherence to bureaucratic ormalities and nothough relating to promotional approaches! complacency! and5nally! lac$ o ocus on implementation.
The H;# believes that the principal role and responsibility o the2DE7 should be to ensure the necessary concern and sense o urgency! and to ensure coordination amongst the various 2inistriesand >tate ?overnments on issues as they come p. >uchcoordination can be at the level o meetings ta$en by the2inisterA>ecretary in charge o the *epartment( or where necessary!re erred to the #abinet >ecretary who chairs >ecretary level inter*epartmental meetings. ltimately! what we expect are results andnot the paper pushing! characteristic o bureaucracy! that providesthe usual alibi.
,nother important role that the 2DE7 has to play is to createawareness in society and other sta$eholders are large! and toensure educational training programmes. The latter shouldcertainly cover those directly concerned with implementationprogrammes! e.g. environmental scientists! o8cials etc. , broaderscope is required! one such as characterizes the campaign relatingto tobacco where the hazards o lung cancer! respiratory diseasesand so on are brought out in star$ ashion( increasingly this hasresulted in a ban on smo$ing in public areasAbuildings( in aircra t!
The 2DE7 also has a responsibility to ensure that research anddevelopment is conducted on scienti5c and technological aspectsrelating to this area. "y and large! broad ranging and uturisticresearch has to be conducted with the support o the #entral?overnment. t is unli$ely that! in the present 5nancial situation!any signi5cant 5nancial support will come rom >tate ?overnments
or this. The 2DE7 should also encourage industry and industrialassociations to participate in research! particularly related to theirspeci5c areas o activity e.g. ET;s! #ET;s! disposal acilities! cleanand cleaner technologies! etc. There can also be a cess levied onthose industries dealing with hazardous material! which should bespeci5cally earmar$ed or the promotion o research anddevelopment. The H;# has dealt with the importance o researchand development in this area at another place in this <eport.
The 2DE7 has to wor$ closely with the ;lanning #ommission in thearea o sustainable development. The need or developmentprogrammes to increase production! productivity and to createemployment are well recognized. ?*; growth! industrialization!energy production! exports are all part o this. However! this cannotbe at the cost o present and the uture in terms o quality o li e orsociety as a whole. ndustrial policy relating to what industriesshould be encouraged and permitted! the role o >mall and 2ediumEnterprises 9>2Es:! issues relating to industrial estates 9includingtheir governance! acilities to be provided etc.:! land use patterns!urban development and zoning and such other matters are o a
general nature which call or overall national policy. These cannotbe dealt with by any individual 2inistryA*epartment with concernsonly or its limited area o responsibility. 2DE7 has the responsibilityto put orward the environmental implications implicit in variouspolicy options.
The 2DE7 will clearly be the ocal point in the ?overnment o ndiawith regard to the international issues that arise in this area.
The 2DE7 must be encouraged to ma$e use o the vast technicalcapabilities that exist in the country. This may be in the orm o
acilities under a Kational Environment ;rotection ,gency i such isconstituted! or the present #;#"! suitably strengthened andassigned necessary responsibilities. n addition! the >tate ;ollution#ontrol "oards must be equipped and stafed properly! as alsolaboratories coming under various scienti5c agencies in the countryand in the private sector. The 2DE7 must ensure that adequate
acilities are available at the gateway points in the country 9e.g.;orts! #*s! #ustoms areas: to ma$e the 5rst level measurements toaid decision ma$ing( as also certi5ed laboratories 9whether theseare in the public or the private sector: which can provide reports
that are scienti5cally valid and credible. ncreasingly! exports will
have to be environmentally compliant! suitably labelled andcerti5ed.
The above is meant to illustrate the 5rm view o the H;# that thereare enough tas$s or the 2DE7 to per orm at the highest level! interms o ensuring that the rest o the structure concerned with thearea o environment 9particularly hazardous wastes! their import!generation and disposal: unctions in a manner where there is wasteminimization in production! reduced used o toxics! maximumenvironmentally sound recycling! alternative uses o so calledwastes! reduced end o the pipe solutions and! 5nally! whereunavoidable! environmentally sa e disposal acilities. t is the
oremost responsibility o the 2DE7 that the national institutionalramewor$ operates in a manner that can ensure this! and that
there is a phased targetted programme o actions. t should not besatis5ed with %ust issuing rulesAguidelines that are not implemented.
6. Kothing much seems to have been done. t is! there ore! imperativeto direct the #entral ?overnment to consider in detail and with allseriousness! the recommendations o restructuring and other suggestionswhich +ow rom the a orequoted part o the <eport. The #entral?overnment and 2DE7 would also consider the strengthening o Hazardous >ubstance 2anagement *ivision but not at the cost o wea$ening the other divisions.
7. <everting to the question o ban on the lines o "asel #onvention!
while examining the question o placing a ban on other items in additionto 3 items! the 2DE7 will ta$e into consideration what has been statedunder heading P,G 9 mported Hazardous Waste which need to be includedin the <ules and ban o other Wastes: in the directions sought or by thepetitioner on the basis o the recommendation o H;#. 7urther! the2inistry would also examine the question o banning used edible oil! cowdung! plastic scrap used ;J# in any orm! pet bottles etc. which! thoughnot covered by "asel #onvention! has hazardous impact in terms o theH;# <eport. ,ccording to the recommendations o H;#! these items alsodeserve to be banned. The 2inistry shall also examine any other itemwhich may have hazardous impact.
3. Kext we consider the aspect o units that are operating without anyauthorisation or in violation o the conditions o authorisation issued underH.W. <ules! /3=3 as amended up to date. There are many such nits asper report o H;#. N>ee H;# <eport at B: Present status of units handlingHazardous Wastes included in ToRs.2,6, 7 and 9]. >tate ;ollution #ontrol"oards and ;ollution #ontrol #ommittees are directed to close orthwithsuch nits.
9. Dn a oresaid aspect! one o the directions sought or by the
petitioner is also that the authorization or any unit should not be issuedor renewed until the occupier underta$es that they have a programme in
place to reduce the volume or quantity and toxicity o hazardous wastesto the degree determined by them to be economically practicable and thatthe proposed method o treatment! storage and disposal is the mostpracticable method currently available to them which minimizes thepresent and uture threat to human health and environment. "y theHazardous Wastes 92anagement L Handling: ,mendment rules! 44-<ule / in respect o Environmentally >ound Technologies and >tandards
or re re5ning or recycling has been incorporated. nstead o issuing thedirections as suggested! in our view! the purpose would be better served i the #;#"! rom time to time! issues directions to >;#"s and all ;##sbringing to their notice the latest technologies and requiring the said"oardsA#ommittees to ensure compliance thereo by the concerned unitswithin the 5xed time rame. #;#" is directed to comply.
24. <egarding the role o >;#"s! it has been observed by the H;# thatin relation to authorisation granted! ew or no authorizations were grantedby the said "oards practically in the entire period a ter the <ules werenoti5ed up to the 5ling o the Writ ;etition and the orders o the #ourt.
Therea ter authorizations were granted enmasse. These authorizationswere granted explicitly or the purpose o ul5lling the ormal requirementunder <ule 1 o the <ules so as not to attract punishment o the #ourt.
The same were ound by the #ommittee to have been granted without therecyclers having appropriate acilities or sa e disposal o hazardous wasteas required under <ule 190:. t has urther ound that except in ew casesli$e ,ndhra ;radesh and ?u%arat no eforts appeared to have been madeby the >;#"Gs to inspect acilities and to bring pressure on the units to
bring their practice o handling hazardous wastes in line with theauthorization granted.
21. H;# has recommended 'the concerned >;#" should evolve amechanism or chec$list to ensure that an authorization to any unitgenerating or handling hazardous waste is granted only where it is
%usti5ed by the availability o adequate treatment and disposal acilitiesand o adequately trained manpower. The authorization should berenewed only when! additionally 9a: the conditions prescribed by the >;#"have been duly observed by the occupier! 9b: proper measures or theprotection o health o wor$ers have been ta$en and 9c: a sound record o compliance with regulatory requirements imposed earlier has beenmaintained. The >;#"s should insist that any hazardous waste previouslydumped by a unit be cleared be ore authorization is issued or renewed toa unit. #itizens may be consulted by public notice in this respect.) norder to achieve the above ob%ect #;#" shall issue requisite chec$list to>;#"s and ensure its compliance.
21.1 7urther! or efective implementation o the directions and toregulate the hazardous waste it is necessary to strengthen the >;#"s and#;#" by providing them the requisite in rastructure and manpower so that
they can issue the necessary guidelines to monitor the handling o the
hazardous wastes as suggested under Term o <e erence Ko. / ! inparticular! the suggestion as contained at serial nos. -!0!B L @.
20. The H;# has ound Hazardous Waste dumped in open and hasstated that &' The H;# has concluded that the hazardous wastes situation in
ndia is airly grim&
Hazardous wastes! ound dumped in the open environmenthave been the cause o widespread pollution o ground water!creating drought li$e situations in areas traditionally not lac$ing inwater suppliers. ;ublic hearings conducted by the H;# in severalcities brought orward pleas and representations o distress romafected victims and harsh complaints about lac$ o response romstatutory authorities. The authorities appear to have ignoredseveral warnings! reports! investigations and studies thathighlighted zones o ecological degradation due to indiscriminatedumping and disposal o hazardous wastes. The H;# noted thatthere was a lac$ o policy and vision at the highest level. This hasresulted in a very poor management system. This situation cannotbe allowed to continue.)
2 . The authorities are directed to ensure that hazardous wastes are notallowed to be discharged in open dumps and on violation thereo promptaction be ta$en as per law.
44. RE: C. Impl m !t"tio! o# Pl"$ti% W"$t R % %li!' R l $*"tt + W"$t R % %li!' R l $ ,+"#t -$ il ( "!"' m !t "! "! li!') R l $.
2DE7 is directed to ensure compliance o '<ecycled ;lastics! ;lastics2anu acture and sage <ules! /333 and the '"atteries 2anagement andHandling <ules! 44/.) The 2inistry shall issue directions to all ;ublic>ector nstitutions not to openly auction their hazardous wastes but onlyto those who are registered units having Environmentally >ound2anagement 7acilities.
not enough to protect the country rom the import o hazardous wastes(we should also loo$ care ully at the import o those industries that willgenerate problematic hazardous wastes. The import o industries orproducts must be care ully screened in order to avoid dirty technologiesand products! and the #;#" should do research on this so that therelocation o these industries rom industrialised countries to ndia isefectively thwarted and technology trans er does not turn into hazardstrans er. The research done in this regard should be communicated by the#;#" to the >;#"s to orm part o their decision ma$ing data regardingconsents and authorizations. , ter research! i necessary! #;#" shall ta$eup the matter with the 2DE7 or requisite regulatory measure.
26. ,nother aspect that has been brought to our notice is themalpractice arising out o purported import o some permitted items.
27. 7rom the submissions o 2r. ;ari$h and 2r. 6oshi appearing or#ontainer #orporation o ndia! it appears that unscrupulous traders in thegarb o importing used oil or urnace oil! in act! import waste oil which isa banned item. They also llegally import zinc wastes despite it being notpermissible except in case where more than B1 o zinc can be recovered
rom the wastes.
23. Having regard to above! we direct that besides other action! whenillegal import o hazardous waste ta$es place due to non ul5lment o therequisite conditions required under the <ules! an enquiry should beconducted and appropriate action ta$en against concerned o8cerAo8cers
o department responsible therein and! i necessary! a speci5c provision tothat efect can be incorporated in <ules! wherever needed.
29. n respect o collection and transportation o used oil rom diferentsources! authorities shall ensure that the same are sold to registeredre5ners or recycler and they give an underta$ing to re5ne or recycle interms o the <ules.
54. <everting now to the issue o incinerators it is to be $ept in view! asobserved by the H;# that incineration is the most important treatmentmethod or the destruction o all high calori5c and highly toxic wastes.High temperature incineration at / 444 degree celcius mineralises9brea$s down into basis non toxic components: all $inds o organic matter.*estruction e8ciencies o efectively 33.33 o toxic compounds with nogeneration o persistent organic pollutants should be the prima criteria ordesign o such disposal systems. t has urther observed that in addition!while designing the disposal system! relevant operating parameters orexample temperature! residence time and turbulence should beconsidered. Dn inspection it was ound by H;# that barring a ew! most o the incinerators are mere combustion chambers or industrial boilers wherethe maximum temperature is around 144A114 degree #! which is much too
low. D ten they are not equipped with adequate air pollution controldevices and all types o wastes! including non chlorinated the chlorinated
hydrocarbons! being burnt in the so called incinerators. n the view o theH;# such incinerators! rather than destroying the hazardous constituent!actually succeed in generating toxic gases. There seems to be an urgentneed to develop the design criteria or incinerators to sa eguard theenvironments so as to have proper and e8cient wor$ing o incineratorsclose to the place o generation o hazardous wastes.
51. The H;# has comprehensively dealt with under #hapter B. aspecto <ight o n ormation and public involvement in hazardous waste issues!while considering the uture agenda o ta$ing hazardous waste aspectseriously.
50. >ection -9 :9/ : o Environment ;rotection ,ct! /3=B stipulatescollection and dissemination o in ormation in respect o matters relatingto environment pollution. ;rinciple /4 o <io *eclaration recognizes theright to receive in ormation and community participation with particularemphasis on hazardous materials. The said principle reads as under &
';rinciple /4& Environmental issues are best handled with theparticipation o all concerned citizens! at the relevant level. ,t thenational level! each individual shall have appropriate access toin ormation concerning the environment! that is held by publicauthorities! including in ormation on hazardous materials andactivities in their communities! and the opportunity to participate indecision ma$ing processes. >tates shall acilitate and encouragepublic awareness and participation by ma$ing in ormation widely
available. Efective access to %udicial and administrativeproceedings! including redress and remedy! shall be provided.)
5 . ;rinciple 0 stipulates that in order to achieve sustainabledevelopment! environmental protection shall constitute an integral part o the development process and cannot be considered in isolation rom it.
52. ;rinciple /3 stipulates that the >tates shall provide prior and timelynoti5cation and relevant in ormation to potentially afected >tates onactivities that may have a signi5cant adverse trans boundary environmentefect and shall consult with those >tates at an early stage and in good
aith.
55. The <eport has emphasized that the members o alert and in ormedcommunity who are ully aware o the nature o hazards and its impact ontheir health can help in protecting and saving the natural resources. thas re erred to the law enacted in >, in the wa$e o "hopal ?as Tragedy!namely! Emergency ;lanning and #ommunity <ight to ,ct! /3=B! whichrequires preparation o emergency response plans by the companies withinvolvement o local community. t is also noticed that though "hopal ?as
Tragedy too$ place in our country! no such legislation has been enacted so
ar. 7urther H;# has given example o decision ta$en by ,ndhra ;radesh;ollution #ontrol "oard which decided that all ndustrial actories shall put
up two sign boards Bx0 t. each at publically visible place at the maingate( the 5rst providing in ormation regarding the acility speci5c consent
or establishment and consent or operating 9#7D: conditions and thesecond providing in ormation o release o pollutants) air emissions! waterdischarges and solid waste. t has been recommended that publicparticipation should be secured in the management o Environment;ollution and Hazardous Waste to maximum possible extent. >uggestionsgiven in these regards are these &
9i: >elected local residents should be appointed as wardens orenvironmental surveillance! particularly to ta$e note o illegaldumping o hazardous wastes.
9ii: ,ccess to public records with the environment protectionauthorities should be reely allowed to the public! as the right to ahealthy environment has been de5ned as part o the <ight to Ci eunder ,rticle / o the #onstitution.
9iii: <elevant important in ormation should be displayed on noticeboards and newspapers and communicated through radio! televisionand the nternet. The H;# would li$e to see all industries! involvedin hazardous chemicals and generating hazardous wastes displayon line date outside the actory gate! on quantity and nature o hazardous chemicals being used in the plant! as well as water andair emissions and solid wastes generated within the actorypremises. such date is not made available! the unit should be
as$ed to show cause or even be as$ed to close down.
9iv: n ormers and 'whistle blowers) within industry who providein ormation! should be protected and strict con5dentiality aboutthem maintained.
9v: Third party audit o hazardous wastes! where the audit teamincludes members o the community! should be made a routinepractice.)
56. The suggestion is that an extensive awareness generation campaignshould be ta$en by regulatory agencies. The H;# has prepared a list o
Themes and short T.J. ;rogrammes on hazardous wastes. ,ll theseaspects require a serious consideration by the concerned authorities.
57. The legal position has already been noticed. #learly! the <ight ton ormation and #ommunity ;articipation necessary or protection o
Environment and Human Health is an ineliniable part o ,rticle / and isgoverned by the accepted environment principles. The ?overnment andthe authorities have to motivate the public participation by ormulatingthe necessary programmes.
53. ,nother aspect which deserves to be noticed is about the efect o ship brea$ing activity covered TD< Ko./0. We are not suggestingdiscontinuing o ship brea$ing activity but it deserves to be strictly andproperly regulated. When the ship arrives at a port or brea$ing! theconcerned authorities have to be vigilant about the hazardous wastewhich may be generated i appropriate timely action by various agencies!in particular! 2aritime "oard and the >;#" are not ta$en. The ma%or shipbrea$ing activity in ndia is at ,lang in >tate o ?u%arat and! there ore!?u%arat 2aritime "oard and ?u%arat >;#" have to be alive to theconsequences o the appropriate steps to be ta$en be ore the brea$ingactivities start. ,ccording to the recommendation o H;#! the ner2inisterial #ommittee comprising 2inistry o >ur ace Transport! 2inistry o >teel! 2inistry o Cabour and 2inistry o Environment should beconstituted with the involvement o Cabour and Environmentorganizations and representatives o the ship brea$ing ndustries.
59. The ship brea$ing operation re erred to above cannot be permittedto be continued without strictly adhering to all precautionary principles!#;#" guidelines and ta$ing the requisite sa eguards which have beendealt extensively in the report o precautionary principles! #;#" guidelinesand ta$ing the requisite sa eguards which have been dealt withextensively in the report o H;# which include the aspect o the wor$ingconditions o the wor$men.
64. Dne o the issues issued to be dealt with is the disappearance o hazardous waste rom authorised portsA9 ndian #ontainer
*epot: #*sA#ontainers 7reight >tations 9#7>s: and also how to deal withthe number o containers lying there. *isappearance o hazardous wasteis sub%ect matter o Term o <e erence Ko./-. "y Drder dated /4 th
*ecember! /333! it was directed by this #ourt that list o importers whomade illegal imports shall be placed on record. Dur attention has beendrawn to various a8davits as also to para 0. o H;# <eport relating tolarge scale unauthorised imports& >ince the list o such illegal imports wasnot orthcoming! this #ourt by an Drder dated - rd *ecember! 44/directed the ?overnment to enquire into the matter. The Drder dated - rd
*ecember! 44/ led to appointment o = members #ommittee by the?overnment! to be chaired by 2r. ,.#. Wadhwan. The Wadhwan#ommittee has submitted <eport dated B th 6uly! 44 . ,ccording to the<eport o the said #ommittee! the stoc$ position o hazardous goods lyingat various portsA #*sA#7>s is as ollows(
61. The <eport suggests that action against the importer or illegalimport as per #ustoms ,ct! /3B may have to be ta$en. 7urther! it noticesthat #entral "oard o Excise and #ustom! 2inistry o 7inance wererequested to ensure action against the importers o illegal consignmentso hazardous waste.
60. "roadly there are two aspects o the matter( one relating to thoseillegal imports which have been cleared and the consignments havealready ound its way to the mar$et. These alleged illegal imports weremade ew years bac$. n respect o this category o illegal imports! wedirect that action against all concerned shall be ta$en by the concernedauthorities in accordance with law.
6 . The second aspect relates to the stoc$ o a orenoticed hazardouswaste! lying at various portsA #*sA#>7s. The question is as to the mannerin which this stoc$ be cleared rom the respective portsA #*sA#>7s. >uchstoc$ can again be divided into two categories( one! the category inrespect whereo the import is banned under H.W. <ules! as amended uptodate or alling under a banned category in terms o "asel #onvention.<e erence in this regard be also made to the order o this court dated 1 th
2ay! /33@ re erred to hereinbe ore. Dut o the various consignments
lying at a oresaid places! the consignments under this category shall haveto be treated diferently. >uch consignments have either to bereexported! i permissible! or destroyed at the ris$! cost and theconsequences o the importer. There cannot be any question o permitting these consignments ma$ing their way to the ndian soil.
62. The second category relates to such hazardous waste in respectwhereo the ban is not complete and which hazardous waste is regulatedsince it is permissible to recycle and reprocess it within the given andpermissible parameters by speci5ed authorised persons having requisite
acilities! under the <ules! as amended up to date. The consignmentsalling under this category shall be releasedAdisposed o or auctioned! in
terms o <ules! to the registered recyclersAreprocessors. n case! a tereforts! an importer o any o the categories is not traceable! theconsignment imported by such importer may be dealt with at the ris$!cost and consequences o that importer. The consignment o suchimporter cannot be permitted to remain at the ports etc. or reason o theimporter not being traceable.
65. These consignments in terms o the directions a oresaid shall bedealt withAdisposal o Aauctioned by the 2onitoring #ommittee appointed
66. t appears rom the <eport that about =4 o countryGs hazardouswaste is generated in the >tate o 2aharashtra! ?u%arat! Tamil Kadu and,ndhra ;radesh. This may also show good industrial growth in those>tates. "e that as it may! to ensure that the generation o hazardouswaste is minimum and it is properly handled in every >tate including thea oresaid >tates! in particular! it is necessary to appoint a 2onitoring#ommittee to oversee the compliance o law! directions o this #ourt and<ules and <egulations.
67. 2oE7 has constituted a >tanding #ommittee on hazardous waste toadvise the 2inistry on issues pertaining to hazardous waste and otherrelated areas. The Terms o <e erence o the said #ommittee are these&
9a: Ch"+"%t +i$"tio! o# h"2"+ o $ "$t $:denti5cation o hazardous waste an characterization o the
constituents that would render such wastes hazardous.
9b: ;rohibitionArestriction o Hazardous Wastes&denti5cation and listing o hazardous wastes o
prohibitionArestriction or exportsAimports and handling o thesewastes.
9c: Environmentally >ound Technologies& denti5cation and listingo Environmentally >ound Technologies or <eprocessing andrecycling o wastes! treatment and disposal( and
9d: ,ny other matter requiring special advise rom time to time.
63. We constitute a 2onitoring #ommittee comprising o the a oresaidmembers as also *r.#laude ,lvares! K?D and *r.*.". "oral$ar. This#ommittee shall oversee that the direction o this #ourt are implementedtimely. t would also oversee that the aspects to which the 2inistry hasagreed are implemented in letter and spirit and without any laxity or delayin the matter. t would be open to the 2onitoring #ommittee to co opt arepresentative o the >tate ?overnment or >tate ;ollution #ontrol "oardsor any other person or authority as the #ommittee may deem 5t andproper. The 2onitoring #ommittee shall 5le quarterly reports in this #ourt.
69. n regard to import o sludge oil under 2arpol #onvention! we direct#entral ?overnment to 5le an a8davit! within three wee$s! indicating indetail how the said oil is dealt with a ter import. t shall also be clari5ed inthe a8davit whether such oil can! in the perception o the #entral?overnment! be imported or it is only a technical import at the time o discharge o oil as suggested in the a8davit o 2r.2. >ubba <ao! dated/0 th 7ebruary! 44-. This aspect including case o import by *ayaCubricant would be considered a ter 5ling o a8davit by the #entral?overnment.
74. n the above bac$ground! in addition to directions as a orenoticed!or the present! we issue the ollowing urther directions&
74.1. SPC* &
9/: We direct all >;#"sA;##> to implement the directions that may
be issued by the 2inistry o Environment and 7orests 92oE7:.
The >;#"s are directed to produce a comprehensive report on illegalhazardous waste dump sites in their %urisdiction. <eports should be basedon inspection! assessment o the size o the dump site( age( whether thedump site is passive or active( whether any precautions have been ta$ento prevent damage to the environment. The >;#" will also ta$e sampls o the groundwater in the vicinity o the dump site at diferent point anprepare a report on contamination o the groundwater! i any! and i so! towhat extent.
The >;#"s are directed to draw up a plan with 5nancial estimatesor immediate measures that may be required to stop environmental
damage. , ull scale rehabilitation plan should also be prepared! togetherwith detailed estimate o costs. ,ll these reports will be sent to the #;#".
74.0. 9 : Ship *+ " i!' &
We accept the ollowing recommendations o H;#&
'/. "e ore a ship arrives at port! it should have proper consent rom
the concerned authority or the >tate 2aritime "oard! stating that it
does not contain any hazardous waste or radioactive substances.,E<E should be consulted in the matter in appropriate cases.
. The ship should be properly decontaminated by the ship ownerprior to the brea$ing. This should be ensured by the >;#"s.
-. Waste generated by the ship brea$ing process should beclassi5ed into hazardous and non hazardous categories! and theirquanti y should be made $nown to the concerned authority or the>tate 2aritime "oard.
0. *isposal o waste material! viz. Dil! cotton! dead cargo o inorganic material li$e hydratedAsolidi5ed elements! thermocolpieces! glass wool! rubber! bro$en tiles! etc. should be done in aproper manner! utilising technologies that meet the criteria o anefective destruction e8ciently o 33.3 per cent! with no generationo persistent organic pollutants! and complete containment o allgaseous! liquid and solid residues or analysis and! i needed!reprocessing. >uch disposed o material should be $ept at aspeci5ed placed earmar$ed or this purpose. >pecial care must beta$en in the handling o asbestos wastes! and total quantities o such waste should be made $nown to the concerned authorities.
The ?u%arat ;ollution #ontrol "oard should authorise appropriate5nal disposal o asbestos waste.
1. The ship brea$ing industries should be given authorisation under
<ule 1 o the H.W. <ules! 44-! only i they have provisions ordisposal o the waste in environmentally sound manner. ,llauthorizations should be renewed only i an industry has acilities ordisposal o waste in environmentally sound manner.
B. The >tate 2aritime "oard should insist that all quantities o wasteoil! sludge and other similar mineral oils and paints chips arecare ully removed rom the ship and ta$en immediately to areasoutside the beach! or sa e disposal.
@. There should be immediate ban o burning o any materialwhether hazardous or non hazardous on the beach.
=. The >tate ;ollution #ontrol "oard 9o ?u%arat and other coastal>tates where this ship brea$ing activity is done: be directed to closeall units which are not authorized under the HW <ules.
3. That the plots where no activities are being currently conductedshould not be allowed to commence any resh ship brea$ing activityunless they have necessary authorization.
/4. The ?u%arat ;#"s should ensure continuous monitoring o ambient air and noise level as per the standards 5xed. The ?u%arat
;#"s be urther directed to install proper equipment andin rastructure or analysis to enable it to conduct 5rst levelinspection o hazardous material! radio active substances 9whereverapplicable:. ,E< shall be consulted in such cases.
//. The ?u%arat >;#" will ensure compliance o the new ?u%arat2aritime "oard 9;revention o 7ire L ,ccidents or >a ety L Wel areo Wor$ers and ;rotection o Environment during >hip brea$ing,ctivities: <egulations! 444! by ?u%arat 2aritime "oard and shouldsubmit a compliance report to the #ourt within one year o thecoming into orce o the said regulations.
/ . The Koti5cation issued by ?2" in 44/ on ?as 7ree or HotWor$! should be made mandatory and no ship should be given abeaching permission unless this certi5cates is shown. ,ny explosionirrespective o the possession o certi5cation should be dealt sternlyand the license o the plot holder should be cancelled andExplosives inspector should be prosecuted accordingly or giving
alse certi5cate.
/-. , complete inventory o hazardous waste on board o shipshould be made mandatory or the ship owner. ,nd not brea$ingpermission should be granted without such an inventory. Thisinventory should also be submitted by the ?2" to concerned >;#"sto ensure sa e disposal o hazardous and toxics waste.
/0. ?u%arat 2aritime "oard and ?u%arat >;#" o8cers should visitsites at regular intervals so that the plot owner $now that theseinstitutions are serious about improvement in operational standards.,n nter 2inisterial #ommittee comprising 2inistry o >ur ace
Transport! 2inistry o >teel! 2inistry o Cabour and 2inistry o Environment should be constituted with the involvement o labourand environment organizations and representatives o the shipbrea$ing industry.
/1. The >;#"s along with the >tate 2aritime "oard should prepareland 5ll sites and incinerators as per the #;#" guidelines and onlya ter prior approval o the #;#". This action should be ta$en in atime bound manner. The maximum time allowed should be oneyear.
/B. ,t the international level! ndia should participate ininternational meetings on ship brea$ing at the level o the
nternational 2aritime Drganization and the "asel #onventionGs Technical Wor$ing ?roup with a clear mandate or thedecontamination o ships o their hazardous substances such asasbestos! waste oil! gas and ;#"s prior to exports to ndia or
brea$ing. ;articipation should include rom #entral and >tate level.
/@. The continuation or expansion o the ,lang ship brea$ingoperations should be permitted sub%ect to compliance with theabove recommendations by the plot holders.
/=. That the above conditions also apply to other ship brea$ingactivities in other #oastal >tates.
74. . 9-: I!8 !to+ &
We direct that toxic inventory prepared by >;#"s regarding thegeneration o hazardous wastes! a ter its veri5cation by #;#" shall be5led in this #ourt within 0 months so that order or its conversion intoKational Toxic nventory can be passed.
74.2. 90: , mp $it $ &
The Toxic inventory with regard to hazardous waste dump sites indiferent >tates should be prepared by >;#"s and a ter veri5cation by#;#"! shall be 5led in this #ourt within 0 months so that the orders can bepassed on the same being treated as ,uthenticated Kational nventory onhazardous waste dump site.
74.5. 91: N"tio!"l I!8 !to+ &
Kational inventory shall also be prepared by #;#" or rehabilitationo hazardous waste dump sites. The >;#"s are directed to ensure that all
parties involved in hazardous chemicals and generating hazardous wastesdisplay on line date outside the actory at the pattern o ,ndhra ;radesh.
74.6. 9B: *"! "+"!t i! Impo+t o# % +t"i! It m$ &
2oE7 should consider ma$ing a provision or ban$ guarantee beinggiven by importer while see$ing permission to import used oil! urnace oiland zinc wastes to be released only on the imported consignment being
ound to be in con ormity with the declared item o import. , ter ta$ing adecision! a8davit shall be 5led within 0 wee$s.
74.7. 9@:L 'i$l"tio! &
nder ,rticle 3 the H;# has recommended that in order to deter anytransboundary movement o hazardous wastes or other wastes! i.e. illegaltra8c! the nationalAdomestic legislation shall be enactedAamendedappropriately to prevent and punish illegal tra8c. The ?overnment isdirected to examine this aspect and 5le a report.
74.3. 9=: St p$ #o+ %l "+"!% &
"e ore clearance o any hazardous wastes imported to ndia the ;ortand #ustoms authorities would ensure that the consignment in question
corresponds with the details o authenticated copy o 7orm @ sent by thecountry o export.
74.9. 93: CPC*;$ Rol &
#;#"! or a period o two year! would be empowered to monitor theimport o hazardous waste! which means! it would be empowered tounderta$e random chec$ rom time to time as a sa eguard.
The #;#" will collate the data rom the >;#"s directlyrom each >;#"! and will randomly cross chec$ the data upto
/4 o the units! prior to preparing the Kational nventory. nits report! the #;#" will also discuss any problems in thema$ing o the inventory and particularsAdetails o any >;#"that has not cooperated with the nventory.
The #;#" be directed to repeat the procedure 9set outor inventory o hazardous wastes: or listing o illegal
hazardous waste dump sites in the country.
The #;#" is directed to study the >;#" reports! ma$e anevaluation o the proposals! counterchec$ the data generatedin the reports! and produce a Kational ;lan or <ehabilitationo Hazardous Waste *ump >ites. >uch a ;lan should besubmitted to the #ourt within 0 months.
74.14. 9/4: < $ti!' &
The testing procedure and criteria evolved or which may be evolvedby #;#" shall be ollowed by the concerned laboratories.
74.11. 9//: P li%"tio! o# <o=i% I!8 !to+ & Comm !itP"+ti%ip"tio! &
>;#"s ta$e steps to ensure that relevant important in ormation onHazardous Wastes should be displayed on notice boards and newspaperand communicated through radio! television and the nternet. >;#"sshould ensure that all industries involved in hazardous chemicals andgenerating hazardous wastes display online data outside the main actorygate! on quantity and nature o hazardous chemicals being used in theplant! water and air emissions and solid wastes generated within the
actory premises. such data is not made available! the unit should beas$ed to show cause or even be as$ed to close down.
74.10. 9/ : RE: Lo%"tio! o# I! $t+i"l Sit $ "! S % +L"! >ll$ &
The 2oE7 would consider the suggestion o H;# regardingdevelopment o Kational ;olicy or land5ll sites. The suggestion is to the
ollowing efect&
' n industrialised countries! the selection o sites or disposalacilities lies with the ?overnment. n view o this! a national policy
needs to be developed or locating such centralisedAcommon T>*7s. The location o 5nal disposal acilities should be based on the totalquantity o hazardous waste generated in the individual >tate. 7orefective monitoring and an economically viable acility! it isimportant to locate a centralised acility within a distance o about/44 $m. o the waste generating units. Those >tates whichgenerate less than 4!444 tonnes per year o hazardous waste maybe permitted to have only temporary storage acilities and thentrans er the waste to the 5nal treatment and disposal acilities in thenearby >tate. t is not necessary and also not advisable to developa acility in each and every district andAor >tate as land is a valuablenatural resources.)
They would also $eep in view the suggestion o the areas which maybe excluded rom locating the land5ll sites.
74.1 . 9/-: RE: N"tio!"l Poli% ,o% m !t o! "2"+ o $W"$t $ &
2oE7 is directed to either itsel or through the #;#" or any otheragency dra t a policy document on hazardous waste generation and itshandling within the country. While examining this aspect the ollowingrecommendations o the H;# would be $ept in view&
'The policy document should emphasise a commitment to therecycling o wastes an materials! and propose incentives orencouraging and supporting recycling. ndustries must begiven a clear message that they must show concrete andtangible results as ar as prevention and reduction o wastesare concerned. they do not! they should be made to pay awaste generation tax. The policy document should enunciatea doctrine o partnership between >;#"s! entrepreneur andother sta$eholder li$e the community! which will involvewor$ing together on monitoring! preventing and reducinghazardous waste generation. The policy should review urthergrowth o non errous metallic waste! waste oil and used leadacid battery recycling in the >> sector.)
2oE7 and Health 2inistry shall examine and respond to therecommendations o H;# which read&
'2oE7 and 2inistry o Health to compile an extensive dataregarding exposure and epidemiological studies. They should
also conduct a comprehensive research programme todetermine the efect o hormonally efective syntheticchemicals. *irections may also be issued or centres o excellence or environmental health science and or existinginstitutes engaged in related activities. , networ$ o <L*institutions! medical colleges and universities may also becreated. 2oE7 should encourage the industries and theirassociations to participate in research activities concerningenvironmental health. These studies should be made publicso that people can $now about toxicity and its impact. , cesscan be levied on the industries dealing with H.W.! whichshould be speci5cally earmar$ed or promotion o < L *.
71. n the a oresaid order! wherever time rame or ta$ing action has notbeen 5xed the action shall be ta$en as per the schedule hereunder&
S*.N".
A &' '& T' e Fra e A-e$
/. ;roposed change in theHW <ules! /3=3 asamended in 44-
0 months orcompliance
2oE7
. <eview o list ',) >cheduleJ tems in ",>EC#onvention other than
3 banned itemsalready include in the
HW <ules! 44-
0 2onths orcompliance
2oE7
-. <eview o waste materialsli$e used edible oil!cow dung! plasticscrap! used ;J# in any
orm! ;ET bottles etc.which are required tobe banned.
0 2onths orcompliance
2oE7
0. *irections regardingcompliance o <ecycled ;lastics!2anu acture and
