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HAZARDOUS WASTE
(MANAGEMENT & HANDLING)
RULES, 1989 (A mended in 2000)
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The powers conferred
by Sections 6, 8, and 25 of the Environment (Protection)
Act 1986, the Central Govt. has mad ethe following rules
relating to hazardous wastes management and handling
excluding waste water and exhaust gases (covered under
Water Act 1974 and the Air Act 1981) and the waste arising
out of the operation from ships beyond 5 kilometers
(Merchant Shipping Act 1958). Radio-active wastes s
covered under the provision of the Atomic Energy Act
1962. |
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Occupiers generating hazardous
wastes s given in the list shall take all practical
steps to ensure that such wastes are properly handled,
i.e. collection, reception, treatment, storage, and
disposed of without any adverse effects to human health
and environment (Rule 4). Such occupier shall apply
for authorization in prescribed format to the State
Pollution Control Board or Committees of UTs (Rule 5).
After appropriate and satisfactory verification of facilities
the authorization may be granted for a period of 2 years
that would be subjected to the conditions and shall
be renewed before expiry. State Pollution Control Boards
have power to cancel the authorization or suspend if
it is found that the occupier is not following the Provisions
of Rules. State government shall maintain the inventory
of disposal sites and shall publish from time to time.
The occupier shall maintain records of all operations
and report to the State Boards. All accidents related
to the hazardous waste shall not be permitted for dumping
or disposal from other country except to those wastes
which are examined and approved by the State Pollution
Control Boards. However, such permission shall be communicated
to the Central Government. Ministry of Environment and
Forest (Rule 11[1.2]). However, Supreme Court has directed
“No import should be made or permitted to be made
by the Government of any hazardous waste meterail which
was already banned under the International Basle convention
or to be banned by the convention hereafter with effect
from the date specified therein”. |
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At present there are approximately
9000 units in the country which utilize hazardous wastes
and nearly 10,000 authorizations for import of hazardous
waste were made by the Government. Till now, not a single
waste disposal site has been located in the country
so far. |
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The Chemical Accident (Emergency
Planning, Preparedness and response) Rules, 1996 under
the Environment (Protection) Act, 1986 are framed. The
Rules provide for mandatory preparation of On-Site Emergency
Plans by the industry and Off-Site Plans by the district
collector and the constitution of four tier crisis groups
at the centre, district, and local levels for the management
of chemical disaster. |
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References |
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Gazette of India,
Hazardous Waste (Management & Handling) Rules 1989.
Govt. of India. |
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Ministry of Environment and
Forest. “Chemical Disaster Prevetion Day.”
The Hindustan Times 4th December 2001. |
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Tiwari HN. Environment
Law. Allahabad Law Agency. Faridabad, Haryana 1997.
The Times of India, New Delhi 7th May 1997. |
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State Government appoint Commissioners
to investigate and solve every case for workmen’s
compensation. The appointed Commissioner’s tribunal
has some of the powers of a civil court. An appeal against
any order of the Commissioner can be filed in the High
Court. This must be done within 60 dasy of the order
or decision of the Commissioner. |
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