Amendments in Hazardous Waste (Management and Handling) Rules, 1989
The MoEF commenced study of amendments to the Hazardous Waste (Management and Handling) Rules in 1992. AfterIndia ratified the Basel Convention, it was required to bring its national legislations in line with the commitments made by it under the convention. The MoEF used the opportunity to modify the rules dealing with indigenously generated hazardous wastes.
Accordingly, the following responsibilities were assigned to various statutory authorities for management and handling of indigenous hazardous wastes, which are set out in Schedule 4 of the Hazardous Waste (Management and Handling) Rules, 1989 / 2000 / 2003.
a.Ministry of Environment and Forests (MoEF):The MoEF retains in overall charge of implementation of the Rule at the national level, while the SPCBs, are responsible for implementation at the State level. The MoEF has also retained with itself the power to decide on identification of hazardous wastes. In 1996, an Expert Committee, headed by Dr. R. A. Mashelkar, DG, CSIR, was assigned the task to prepare a report advising the Ministry on hazard characterization and prioritization of hazardous wastes with a view to regulating and managing imported and indigenously generated wastes.
b.Central Pollution Control Board (CPCB):The CPCB has now been assigned an enlarged and specific role in hazardous wastesmanagement, which comprises:
- Coordination
of activities of State Pollution Control Boards in relation to hazardous wastes
- Monitoring
the compliance of the conditions of authorization issued by the SPCBs
- Conducting
training courses for authorities dealing with management of hazardous wastes
- Recommending
standards for the treatment and disposal of hazardous wastes,
leachates and specifications of materials and procedures
for characterization of hazardous wastes
c.State Pollution Control Boards (SPCBs):The SPCBs have been made responsible for review of matters relating to identification and notification of disposal sites. This is in addition to their responsibilities under the Hazardous Waste (Management and Handling) Rules, 1989, which remain unchanged, but have been elaborated. Earlier, the SPCBs had no statutory role in the identification and notification of disposal sites. However, in many states they were directed to take up this work or provide an advisory role.
d.State Government: The responsibility of the State Government to identify hazardous waste disposal sites has been diluted. Identification of sites will now be a shared responsibility between industry and the State Government. Once a site has been identified, it must be subjected to the Environmental Impact Assessment process. The State Government will then notify the site, inviting objections and conduct a public hearing, if there are objections. There is no change in the responsibility of the State Government to compile and publish on inventory of such disposal sites.
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