Waste management has become a major challenge these days, with the quantity of
waste multiplying at a fast rate and posing a grave threat to human health and environment.
Hence, there is a dire need to ensure proper handling and management at every stage of the
life cycle of waste, be it collection, segregation, and transportation, as well as
treatment/recycling and final disposal.
This article gives an overview of the regulatory framework available in the country
for the management of hazardous as well as other industrial and non-industrial waste. It also
provides a glimpse on the agencies responsible for the regulation of these wastes, both at the
central- and state-government levels.
Evolution of environmental law
The consideration of environmental problems started through the United Nations
Conference on the Human Environment, held in Stockholm in 1972, focused on
environmental problems and paved the way for legislation in India. This was followed by the
Water (Prevention and Control. of Pollution) Act 1981 and Cess Act, 1977; Air (Prevention
and Control of Pollution) Act, 1981; and Environment (Protection) Act, 1986.
Hazardous waste
Hazardous waste mainly generate from Major industrial sectors, include organic and
inorganic chemicals, caustic soda, paints and dyes, asbestos, fertilizers, pesticides,
petrochemicals and refinery, and pharmaceuticals. The waste streams emanating from these
sectors contain some highly hazardous substances such as heavy metals, cyanides, pesticides,
complex aromatic compounds (such as polychlorinated biphenyls), and other chemicals that
exhibit inflammable, toxic, corrosive, reactive, and explosive properties.
The Central Pollution Control Board (CPCB) has released the National Inventory of
Hazardous Waste Generating Industries and Hazardous Waste Management in India in March
2009, based on the information provided by the state pollution control boards (SPCBs). As
per the Inventory, in India, there are 36 165 hazardous waste industries, generating over 6.23
million tonnes per annum (MTPA) of hazardous waste, of which approximately 49.55% is
recyclable, 43.78% is landfillable, and 6.67% is incinerable.
Gujarat, Maharashtra, and Andhra Pradesh are the top three hazardous waste
generating states. The relative contributions by these states are 28.76%, 25.16%, and 8.93%,
respectively. Following these states, Chhattisgarh (4.74%), Rajasthan (4.38%), West Bengal
(4.17%), and Tamil Nadu (4.15 %) are found to be major generators of hazardous waste.
These seven states together generate over 80% of the country's total hazardous waste.
Hazardous Waste (Management, Handling and Tran boundary Movement)
Rules, 2008 Amendment July and September 2009
As per the 2008 rules, "hazardous waste" means any waste that by reason of its
physical, chemical, reactive, toxic, flammable, explosive, or corrosive characteristics causes
danger or is likely to cause danger to health or the environment, whether alone or when in
contact with other waste or substances and shall include (1) waste specified in schedule-I of
the regulation, (2) waste having constituents specified under schedule-II with 1CPCB