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Existence of Waste legislation
Objective 3: Whether legislations specifically dealing with disposal of each kind of waste existed and whether penalty for violation had been incorporated in the legislations already enacted. Legislation is a means to secure compliance to government’s policies and lays down the steps to be taken to implement policy. To be effective, legislation should also contain suitable penalty for violation, which can serve as deterrent to non-compliance. According to UNEP, “apart from the adoption of a detailed and well-structured waste policy, the waste industry requires a legal framework that enables it to reach set objectives and targets. A well-elaborated legal framework will assist in the effective implementation of those targets. The legal framework must also be provided with an effective enforcement system.” In addition, according to Article 8.20 and 8.21(a) of Agenda 21, “for developing effective national programmes for reviewing and enforcing compliance with national, state, provincial and local laws on environment and development, each country should have enforceable, effective laws, regulations and standards that are based on sound economic, social and environmental principles and appropriate risk assessment, incorporating sanctions designed to punish violations, obtain redress and deter future violations”. Audit findings related to existence of legislations for all kinds of waste and penalty specified for violation of these legislations are discussed below:
4.1 Legislation for all kinds of waste
4.1.1 At the Central Level
The types of waste generally recognised by most countries are: household/municipal waste, bio-medical waste, e-waste, waste electronic & electrical equipment, waste from construction and demolition activities, waste from end of life cars, mining waste, waste from power plants, hazardous waste, waste from agriculture/forestry etc,. MoEF had not enacted laws/rules that would govern the management of all kinds of waste in India. MoEF had enacted the following rules:
• Management and Handling of Municipal Solid Waste (2000),
• Management and Handling of Bio-Medical Waste (1998, amendment 2003),
• Management and Handling of Hazardous Waste (1989, amended in 2000 and 2003),
• Recycled Plastics Manufacture and Usage Rules (1999),
• Notifications for the disposal of fly ash, and
• Management and Handling of batteries.
In addition, it has circulated draft guidelines for the management of e-waste (2007).
However, no rules/ guidelines had been enacted in India for the disposal of the following kinds of waste:
1. construction and demolition activities
2. end of life vehicles
3. packaging
4. waste tyres
5. agriculture/ forestry
6. waste electrical and electronic items.
Though MoEF claimed that rules had been enacted for the management of mining wastes, no supporting documents were furnished.
