Environment, Pollution, and Waste Management

Environmental Laws in India

Depending on an entity’s business, they must comply with various laws relating to the environment. Broadly, we have categorized the generally applicable environmental laws into laws for manufacturing and laws for non-manufacturing entities in India.

Manufacturing Businesses

The Environment Protection Act, 1986 and Environment (Protection) Rules, 1986: An Act to provide for the protection and improvement of the environment, and for matters connected to it such as prescribing standards for permissible level of discharge or the emission of environmental pollutants.

The Hazardous Wastes (Management and Handling) Rules, 1989: These rules apply to the management of hazardous and other wastes as specified in the Schedules I-IX. A list of all hazardous waste can be accessed here. For the management of hazardous and other wastes, a business must follow the following steps, namely prevention, minimization, reuse, recycling, recovery, utilization including co-processing, and safe disposal.

The Noise Pollution (Regulation and Control) Rules, 2000: The ambient air quality standards with respect to noise for different areas/zones shall be such as specified in the Schedule to these Rules. The respective State Governments categorize the areas into industrial, commercial, residential or silence areas/zones for the purpose of implementation of noise standards and accordingly takes measures for the abatement of noise, including the noise emanating from vehicular movements, blowing of horns, bursting of fire crackers, use of loud speakers, public address system, sound producing instruments, and ensure that the existing noise levels do not exceed the ambient air quality standards specified under these Rules. In a commercial area, ambient air quality standard of noise is allowed up to 65 decibels during day time and 55 decibels during night time.

The Plastic Waste Management Rules, 2016: These Rules prescribe standards for plastic waste management including standards for recycling, recovery, or disposal of plastic waste as per the rules, regulations and standards stipulated by the Central Government from time to time.

The Water (Prevention & Control of Pollution) Act, 1974 and the Water (Prevention and Control of Pollution) Rules, 1975: This Act provides for the prevention and control of water pollution and the maintenance or restoration of wholesomeness of water for the establishment. Likewise, to regulate the matters therein, there have been Boards which have been set-up. Therefore, if an entity has to maintain standards with regards to disposal of trade effluents, they must ensure prior permission from the relevant Central Board is obtained.

The Air (Prevention and Control of Pollution) Act, 1981 and the Air (Prevention and Control of Pollution) Rules, 1982: This Act provides for the prevention, control, and abatement of air pollution. The Act regulates the matters mentioned above and there have been several Boards set-up for the same.

The Batteries (Management and Handling) Rules, 2001: These rules apply to every manufacturer, importer, re-conditioner, assembler, dealer, recycler, auctioneer, consumer, and bulk consumer involved in the manufacture, processing, sale, purchase, and use of batteries or components of batteries. As per these Rules, it shall be the responsibility of a manufacturer, importer, assembler and re-conditioner to comply with the standards prescribed for management and handling of batteries.

Non-Manufacturing

• E-Waste (Management) Rules, 2022: The government has taken a number of steps to formalize the e-waste recycling sector of the country. The E-Waste (Management) Rules, 2016 provide for compulsory authorization of the dismantling and recycling units from the concerned State Pollution Control Boards (SPCBs)/Pollution Control Committees (PCCs). The Central Pollution Control Board (CPCB) has issued guidelines/standard operating procedures for processing of e-waste. The CPCB and SPCBs have been monitoring the units and necessary steps have been taken to mainstream and modernize the recycling industry with the help of the Ministry of Electronics and Information Technology (MEITy).³⁷
  
  The Ministry has notified the E-Waste (Management) Rules, 2022 on 2 November 2022. These Rules will replace the E-waste (Management) Rules, 2016 and will be effective from 1 April 2023. These Rules will launch a new Extended Producer Responsibility (EPR) regime for e-waste recycling. The salient feature of the new Rules are mentioned below:
  • Applicable to every manufacturer, producer, refurbisher, dismantler, and recycler.
  • All manufacturers, producers, refurbishers, and recyclers are required to register on the portal developed by the CPCB.
  • Only manufacturers, producers, refurbishers, and recyclers require registration.No entity shall carry out any business without registration or deal with any unregistered entity.
  • Producers of notified Electrical and Electronic Equipment (EEE) have been given annual E-Waste Recycling targets based on the generation from the previously sold EEE or based on sales of EEE as the case may be.
  • Management of solar PV modules/panels/cells have been added in the new Rules.
  • The quantity recycled will be computed on the basis of end products so as to avoid any false claims.
  • Provisions for the generation and transaction of EPR Certificates has been introduced.
  • Provisions for environment compensation, verification, and audit have been introduced.
    
    Under the E-Waste Management Rules, provision for reduction of hazardous substances in manufacturing of EEE has been provided. It mandates that every producer of EEE and their components shall ensure that their products do not contain lead, mercury, and other hazardous substances beyond the maximum prescribed concentration.
• The Prohibition of Smoking in Public Places Rules, 2008: As per these rules, the owner, proprietor, manager, supervisor or in charge of the affairs of a public place shall ensure that no person smokes in a public place (under his jurisdiction/implied). Accordingly, there have to be designated no-smoking zones.

Others

The National Green Tribunal Act, 2010: This Act provides for the establishment of a National Green Tribunal for the effective and expeditious disposal of cases relating to environmental protection. It also covers the conservation of forests and other natural resources including enforcement of any legal rights relating to environment including giving relief and compensation for damages to persons and property and matters connected with the same.

• 37. Press Release: Management of E-waste dated 14 March 2022, Press Information Bureau, https://pib.gov.in/PressReleseDetail.aspx?PRID=1805794